Facts as submitted by the complainant
2.1
On 30 July 1996, the complainant was questioned by police officers at the
Leopoldstadt District Police station of the Vienna Federal Police Directorate. While
the complainant was questioned by officers of one investigation team, three officers
entered the room and brought the complainant into the office of one of them. The
officers of the investigation team protested against the complainant’s transfer, because
they had not yet finished their interrogation. Shortly after the complainant had been
brought into the other office, he was found outside the office with three bleeding
injuries on his right lower leg. The complainant was examined by a medical officer of
the police and photos of the injuries were taken. On 1 August 1996, the complainant
was transferred by his private doctor to hospital for further examinations that were
undertaken on 2 August 1996. The complainant was released immediately. The
report of the hospital, submitted by the complainant, documented injuries of the right
lower leg and a slightly swollen nose.
2.2
On 9 August 1996, the Vienna Federal Police Directorate sent a report on the
facts of the case and the allegations of the complainant that he had been ill-treated to
the Public Prosecutor’s Office. On 20 August 1996, the Public Prosecutor instituted
court proceedings against the three police officers charging them with mistreatment of
a prisoner and attempted coercion.
2.3
The first court hearing took place on 7 October 1996. On 6 November 1996,
the complainant’s trial attorney proposed to the court and to the prosecutor that an
examining judge be assigned, in accordance with a decree by the Federal Ministry of
Justice, to complete the preliminary investigation carried out by the Federal Police
Directorate. This proposal was rejected by the court and the prosecutor. On 25
November 1996, the three police officers were acquitted. On 10 March 1997, the
prosecutor withdrew his appeal. It is submitted that, therefore, the decision of the
court is final.
The complaint
3.1
The complainant claims that on 30 July 1996 he was subjected to ill-treatment
by three police officers while being questioned at the Leopoldstadt District Police
station of the Vienna Federal Police Directorate. Allegedly, one police officer made
him fall to the ground and then kicked him. The complainant alleges further that this
police officer intentionally kicked him and stepped on his rights shin, which was
already injured.1 As a result the wound started to bleed. When the complainant stood
up his face was slapped by another police officer. He was then told to make a
confession. The complainant states that a fourth police officer was present in the
room, but that he did not participate in the ill-treatment.
3.2
The complainant claims that at the first court hearing on 7 October 1996
before the Vienna Regional Criminal Court, serious deficiencies in the preliminary
inquiry appeared. In particular, the investigations did not attempt to identify the
fourth person in the interrogation room, despite the fact that the testimony of that
person would have been essential to determining the facts.
3