19-year-old’s head hit on asphalt? Criticism of acquittal for police officers

The acquittal at the Vienna Regional Court of a police officer who is said to have repeatedly hit the head of a 19-year-old who had already been brought to the ground and restrained onto the asphalt surface is causing debate. For the court, there was neither a knowing abuse of authority nor did the officer exceed the justifiable level of force. For the 19-year-old, this decision is “difficult to understand,” and Amnesty International also spoke out.

• More on this: Head hit against asphalt: Viennese police officer acquitted

“Acquittals in cases of alleged police violence can often have a deterrent effect on those affected, especially if video or image material is also available,” said Shoura Hashemi, Managing Director of Amnesty International Austria, on Thursday. In principle, “the police must primarily act in a de-escalating manner, even in difficult situations.” In the future, “such cases in particular must be thoroughly investigated by the newly established investigation and complaints office in order to clarify allegations of abuse against the police,” emphasized Hashemi in response to an APA request. And she appealed to “all those affected to contact this office in such situations to ensure that their concerns are dealt with appropriately and transparently.”

Prosecutor accuses judge of bias

The person affected by the violent official act is dismayed after the first court’s decision was not legally binding – the public prosecutor immediately filed an appeal against it and also accused the presiding judge of bias. During the incident, which was filmed by a “Puls24” cameraman, he suffered a heavily bleeding bruise above his right eye. An eyewitness also filmed the violent scene with his smartphone, and the surveillance camera of a nearby bar also recorded it. “For him, the acquittal is difficult to understand due to the very strong video evidence,” said Clemens Lahner, the 19-year-old’s lawyer, in an interview with the APA on Thursday.

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The official act was declared unlawful by the Vienna Administrative Court on November 7, 2023. Lahner had lodged a complaint against the police action there and won it, although the state police headquarters refrained from filing a counter-argument. Without having to schedule a hearing, the administrative court found a violation of the law due to the beating and pushing the affected 19-year-old to the ground in a prone position. Based on this knowledge, his legal representative will assert claims for damages under the Official Liability Act. Lahner announced that a corresponding letter of request will soon be sent to the Financial Procuratorate.

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