This was confirmed by the Vienna Administrative Court on Thursday. The Vienna State Police Headquarters must pay the activist 2,397 euros within 14 days to reimburse expenses for pleadings and other costs. There is no ordinary legal remedy against this finding.
After the protest camp against the city street was cleared, the 49-year-old was arrested with three other activists – two women and one man – for the purpose of establishing their identity and taken to the PAZ. There he “hedged” himself on a bench because he didn’t want to be photographed. Three to four officers then dragged him to the floor, where he continued to try to cover his face with his forearms and hands. A policeman then “jumped into his back with a knee”, confirmed the “LobauBleibt” activist in the administrative court. This resulted in a fracture of the eleventh rib and a bruised chest – which the police denied. There, with reference to a police medical officer, it was assumed that in the hospital where the fractured rib was diagnosed, it was possible that no fresh injury had been documented at all.
The legal representative of the 49-year-old, the Viennese lawyer Clemens Lahner, based his complaint on the medical history taken in the hospital as well as a forensic medical report, which in his opinion supported his client’s presentation in terms of time and the course of events. In addition, Lahner complained in a policy complaint that the use of force by the police had not been documented at all. The lawyer was also successful with this, and the administrative court also classified the missing documentation as illegal.
However, the broken ribs had no criminal consequences. The Vienna public prosecutor’s office had investigated three police officers who had something to do with the 49-year-old in the PAZ and who were possible causes of the fracture, for bodily harm. These criminal proceedings were discontinued – according to Lahner, it was not possible to prove which of the officers had carried out the knee blow.
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