Murder in Basel
Why was the mentally ill Raphael M. allowed to move freely? The authorities promise to clarify
Raphael M., who had already killed two women in 2014, is under strong suspicion of having killed another 75-year-old woman. When he committed the crime, he was on unaccompanied release from a closed psychiatric facility. This is not an isolated case, as it turns out.
Raphael M. was arrested in Basel 24 hours after the crime took place.
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“A new crime could have been prevented,” said a resident of Nasenweg in Basel one day after his neighbor was found dead in the stairwell. The immediate residents of Basel are very confused about the fact that a mentally ill man who killed two women and seriously injured a man ten years ago was able to walk around the city unaccompanied. We are talking about Raphael M., 32 years old and housed in the forensic department of the University Psychiatric Clinics Basel (UPK) for ten years.
He is under “strong suspicion” of having killed a 75-year-old woman in a stairwell on Nasenweg last Thursday. The public prosecutor’s office is not saying how exactly the woman died because the proceedings are ongoing. Raphael M. was arrested 24 hours after the crime on the banks of the Rhine in Basel and is in custody. The Basel public prosecutor’s office is searching for the 32-year-old using his name and picture, a measure that is only used very rarely.
18 stab wounds in the upper body, neck and head
In 2015, the Basel Criminal Court ordered an inpatient therapeutic measure for Raphael M. This is also known as “minor detention” and is used when a seriously mentally ill offender is found not guilty, the crime is related to the mental disorder and it can be assumed that further crimes can be prevented with therapy. In contrast, there is ordinary detention, where the court assumes that the offender is not treatable.
Raphael M. was diagnosed with schizophrenia. In 2014, he killed a woman in the same apartment building where the current victim lived. 18 stab wounds to the upper body, neck and head led to the death of the 46-year-old woman. After the then 22-year-old stabbed the woman in 2014, he hid in a nearby house, changed his clothes and cut his hair. A 75-year-old neighbor tried to help the 88-year-old man who had been attacked there and was killed herself in the process.
Unaccompanied outdoor activities are part of the therapy
Last Thursday was not the first time that Raphael M. was allowed to go on parole unaccompanied. The Basel Department of Justice and Security (JSD) does not want to say how often this has happened before. In fact, those present at Monday’s press conference in Basel did not provide any information about the specific case.
One thing has become clear, however: it is the norm that mentally ill offenders who have been ordered to be placed in an inpatient facility are granted unaccompanied release over time. Approved by the Basel-Stadt Justice and Measures Administration, twelve people are currently in a setting that provides for this. They have committed a violent or sexual crime and are in a psychiatric facility – so they are comparable to the case of Raphael M.
On the one hand, contact with the outside world is a right of the inmates, said Michael Rolaz, CEO of the UPK. On the other hand, prison relaxations are also a “stress test” to test whether the person can function outside of the clinic. Because, as Rolaz emphasized: “With an inpatient measure, the focus is on reducing the risk of relapse and reintegration into society.”
Raphael M. was allowed to work externally
The relaxation of the prison regime will take place gradually, said Sabine Uhlmann, head of the cantonal penal and correctional services. For example, the outings will always be supervised, initially with two accompanying persons, later with one. The next step will be accompanied group outings, and only then will unaccompanied outdoor leave be considered: up to once a month for a whole day.
Raphael M. has enjoyed certain prison relaxations since the end of 2017. In 2018, he was granted supervised day release, and two years later he was allowed to work outside the prison for half a day.
A relaxation of the prison regime is approved by the cantonal penal and correctional authorities. Three to four people are involved in an approval process, said Uhlmann. This is based on the assessments of the specialists in the psychiatric facility, external reports and the assessment of an external expert commission. And: “Before each individual outing, the patient’s mental state is always reassessed,” said Uhlmann. If there are signs of problems, no outings are carried out.
“I’m sorry. I’m ashamed of it”
In order for parole to be granted, the person must be able to reach an agreement, the previous relaxations must have been positive and the perpetrator must have developed an awareness of the illness. Raphael M.’s inpatient measure was extended for a further five years in 2020. At the court hearing, he agreed to this and also showed remorse for his actions: “It is very bad what happened. I am sorry. I am ashamed of it.”
The doctors confirmed that he had developed a certain understanding of his illness. But even in the clinic there were small relapses: In 2017, for example, he kept quiet about the fact that he was hallucinating again despite the medication.
Release temporarily suspended
It was said at the media conference that it must be clarified whether everything was done according to the rules in the case of Raphael M. Michael Rolaz, head of the university’s psychiatry department, currently sees no evidence that errors were made internally. However, he announced an external investigation. Basel’s health director Lukas Engelberger said: “Treating mentally ill criminals is associated with risks. If the suspicion is confirmed in this specific case, then unfortunately we have not been able to assume our responsibility.”
In recent days, various politicians have called for changes in the way mentally ill criminals are treated. For example, lower hurdles for detention or zero tolerance for day release. “Such debates must be held. In order to draw conclusions, however, we must first analyze the specific individual case,” said Justice and Security Director Stephanie Eymann.
The UPK has already implemented one measure – albeit a temporary one. Until Tuesday, all people in the forensic clinic were barred from going outside. This is to protect the inmates from the angry public.
