Attack in Samnaun: Kesb was warned months before

In Samnaun GR, a 52-year-old man attacked a ten-year-old boy at a bus stop on Wednesday. As the brother of the alleged perpetrator told 20 Minutes, he reported him to the Kesb child and adult protection authorities. What steps does the authority take when a threat is reported and how can violence be effectively prevented? The Kesb explains the procedure – regardless of the case in Samnaun.

When Kesb receives a risk report, an investigation procedure is first initiated, explains Matthias Tscharner, head of Kesb Graubünden.

To do this, the Kesb conducts discussions with the person themselves as well as relatives, social services or doctors. An interdisciplinary problem explanation is then based on the clarified facts: “We want to find out whether there is a weakness that requires official intervention,” says Tscharner. If there is an acute threat, the authority can also take super-provisional measures in special cases. “These are decisions that are made without consulting those involved. The hearing must then be rescheduled at the first opportunity.”

The Kesb can also take precautionary measures necessary for the duration of a procedure: “This is done if the person concerned would suffer a disadvantage or be at significant risk without taking action,” says Tscharner.

Those affected are not always willing to work with Kesb or other authorities. “It happens that adults don’t realize that they are endangering themselves or others,” says Tscharner. Some people did not classify their own behavior as problematic. Even in the case of mental illnesses, insight is often not given. Nevertheless, cooperation is required by law, and ultimately the Kesb decides whether and which measures are to be taken. The relatives couldn’t decide that either, explains Tscharner.

The criticism that the authorities often only react after something has already happened is heard again and again. However, Tscharner emphasizes that the authority’s ability to act is limited: “The Kesb cannot order any measures in advance.” The authority can only order measures based on specific and current circumstances. And these are tailored to each individual case.

Since the Samnaun case is an ongoing procedure, Kesb does not comment on the case. For data protection reasons, it cannot be disclosed which measures were taken by the authorities. “The question is whether investigations have been carried out at all,” says Dirk Baier, an expert in violence prevention. In addition, if a threat to others is reported, a so-called police risk assessment is important.

According to Baier, one problem is that Graubünden, unlike other cantons, does not yet have a threat management system. Threat management aims to prevent serious acts of violence by identifying early warning signals and intervening by the authorities. This system was developed specifically for cases of danger to others. “It is unclear whether such a system could have prevented the incident. There is no such thing as absolute security,” he says. Nevertheless, it could help to better assess potential threats and take preventative measures at an early stage.

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