8
Concerns in Europe: January - June 2001
AI Index: EUR 01/003/2001
Amnesty International September 2001
being hit. The photograph, which was taken by the
Reuters news agency, was subsequently widely
published in the Austrian press and was reportedly
sent to the Ministry of Justice, which is examining the
case.
In late May AI learned of the decision of an
Independent Administrative Tribunal (Unabhängiger
Verwaltungssenat) in Vienna to uphold the allegations
of a 25-year-old demonstrator, referred to as Martin P.
in the Austrian news media, that he was ill-treated by
police officers on 4 February during an anti-
government demonstration. In his complaint to the
Independent Administrative Tribunal he alleged that
several police officers had knocked him to the ground
with their batons near the headquarters of the Austrian
Freedom Party in Vienna. The police officers
repeatedly hit him with their batons as he lay on the
road, causing him to sustain multiple injuries. The
police officers subsequently arrested the man and
charged
him
with
breaching
the
peace
(
Landfriedensbruch) and attempting to resist state
authority
(versuchter
Widerstand
gegen
Staatsgewalt). He was released shortly before 11am
the next day.
According to the official verdict of the
Independent Administrative Tribunal, the police
officers denied the charges, stating that they did not
repeatedly strike Martin P. with their batons.
However, a photographer from the Austrian Press
Association had photographed the incident, reportedly
clearly capturing the police officers on film,
repeatedly striking the man with their batons as he lay
on the ground. According to the verdict, the
photographer himself would have been attacked, had
he not had his press identity card in his possession. In
its verdict the Independent Administrative Tribunal
stated: "One can certainly speak of inhuman and
degrading treatment, when - as in the present case - a
person is unjustifiably hit with police batons". The
Tribunal also found that the arrest of the detainee was
unlawful. AI has written to the Austrian authorities,
requesting to be informed whether any legal or
disciplinary measures will be taken against the police
officers involved in the incident.
The above described incidents have not been the
only recent cases of police officers having been
captured on film ill-treating members of the public.
On 5 December 2000 two police officers were
captured on video film allegedly physically assaulting
the Associated Press photographer, Gianfranco
Faccio. According to reports about the incident,
Gianfranco Faccio was photographing a protest
action, during which demonstrators had occupied one
of Vienna’s main thoroughfares, die Hadikgasse. Two
plainclothes police officers from the Security Bureau
(Sicherheitsbüro) were reportedly filmed approaching
Gianfranco Faccio as he photographed the police, who
were using force to clear demonstrators off the road.
One of the police officers allegedly grabbed
Gianfranco Faccio from behind and threw him
towards his colleague. The photographer was then
reportedly twice punched in the stomach and dragged
into an apparently unobserved street corner, where
one of the police officers allegedly threw his camera
flash onto the ground. In contrast to the filmed version
of events, the police officers reportedly alleged that
Gianfranco Faccio kicked them and spat at them.
Gianfranco Faccio brought charges of physical assault
and criminal damage against the police officers, but
AI has not been informed of the outcome.
In June AI wrote to the Austrian authorities,
requesting to be informed of its findings of an
investigation which had been opened into the alleged
police ill-treatment of a female Romanian national in
April. A gendarme allegedly ill-treated the female
detainee on the night of 8 to 9 April at a police station
in the town of Aschach an der Steyr, resulting in Steyr
District Hospital (Landeskrankenhaus Steyr) lodging
an official complaint of physical assault against the
gendarme. AI is informed that two gendarmes
allegedly arrested the woman after she failed to
produce identification, as she walked with her
Austrian husband through Aschach an der Steyr late
that night.
According to media reports about the incident, the
man went home in order to obtain the identity papers
of his wife and proceeded to the police station, where
his wife was being detained. While she was held there
one of the two gendarmes allegedly repeatedly kicked
the woman, causing bruising and swelling to her legs
and feet. A report of a medical examination of the
woman, made at Steyr District Hospital, reportedly
documents the injuries. It is also alleged that the
gendarme threatened the woman with deportation.
After the detainee’s husband arrived at the police
station with her passport, it is alleged that the
gendarme refused to allow him to be present while the
gendarme questioned his wife. The gendarme
allegedly violently forced the man from the
questioning room and prevented him from re-entering
the room by locking the door and, in doing so, caused
the man to sustain abrasions to his legs. The couple
were later allowed to leave the police station, after
which they sought medical treatment for their injuries
at Steyr District Hospital.
Death during deportation
(update to AI Index: EUR 13/01/00)
In May a significant development came to light in the
investigation into the death of 25-year-old Marcus
Omofuma, a Nigerian national who died in May 1999
after being gagged and bound during his forced
deportation from Vienna to Nigeria, via Sofia,
Bulgaria. The results of a third autopsy, which was
conducted by a German specialist and made public in
early May appeared to reinforce the findings of an
initial autopsy (conducted in Bulgaria shortly after the
death) that Marcus Omofuma had died of asphyxia. A
second autopsy, which was concluded in November
1999 in Austria, suggested that an undetected
respiratory related heart defect meant that it could not
be said with the required certainty that there was a
causative link between the gagging of Marcus
Omofuma and his death. No trial date had been set for
the three accompanying police officers, who face
charges of ill-treating a detainee with death as a