Ex-post control Degrading treatment during the arrest of an adolescent Several measures deserving criticism were employed when arresting an adolescent. The police notified the parents too late, detained the adolescent for significantly longer than necessary and endangered his safety as well as his personal rights. The Federal Ministry of the Interior has initiated extensive steps to analyse this official act. The parents of a 17-year-old complained that their son was treated in a degrading fashion when he was arrested. For instance, the alleged perpetrator was supposed to have been identified in the dark at a distance of approx. 10 meters, the parents were only informed five and a half hours after the arrest and the adolescent did not wear a seat belt in the police vehicle. The detention lasted around 15 hours, even though it had been admitted in the meantime that the young man had not been involved in the crime. In addition, he was mentioned as the perpetrator in a press release, even when it was already clear that he did not commit the crime. Accusations against police personnel The Federal Ministry of the Interior confirmed that the parents were informed much too late and that this is contrary to the relevant official instructions. Failure to put on the seat belt in the police vehicle was in violation of the Motor Vehicles Act (Kraftfahrgesetz) and was also not justified by the exceptional rules. The acting officials have been instructed accordingly. The Regional Police Vienna performed an internal evaluation regarding the press release. Official instructions not observed In its statement, the Federal Ministry of the Interior apologised to Mr N.N. and his parents for the inconvenience caused and the inappropriate statement made by an official at the time of the release. However, the parents state that no personal contact or apology as announced had been received. The Federal Ministry of the Interior evaluated the incident and the courses of action Extensive evaluation by in respect of the line-up and arrest, handcuffing behind the adolescent’s back, the authorities arrest transfer in a police car and time delay in notifying relatives. It concluded that the courses of action require improvements. The Quality Assurance Office at the Regional Police Vienna determined to analyse the incident anonymously and to refer to individual problems and legal fundamentals. There is to be a special focus on potential for improvement. Moreover, the incident will be analysed as part of professional training for city police commandos in order to ensure that the information is transmitted as widely as possible. A separate analysis with the city police commando in question has already taken place, also with regard to handling complaints. The press contact of the Regional Police Vienna have been told to ensure the press releases are up-to-date before they are sent out. Reference must be made to suspected innocence and the provisions of the Media Act must be observed in detail with regard to protecting the identity and highly personal life of individuals. 47

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