- 108 4.7
In view of the complainant’s denial that G.W. was the fourth person, the Criminal
Investigations Office continued its inquiries parallel to the court proceedings. In this regard the
complainant was requested, on 30 August 1996, to assist the officers in their efforts, but he
replied that he would not answer any summons and did not make any statements when a
photograph of G.W. was shown to him.
4.8
The three accused officers were acquitted for lack of evidence by judgement entered
on 25 November 1996. The court relied in particular on the medical expert opinion, according to
which the ill-treatment alleged by the complainant would have had further consequences which
would have been noticed by the medical officer who examined the complainant immediately
after the alleged incident. The expert also took the view that the complainant might have
inflicted the injury upon himself. An appeal announced by the prosecutor’s office was
withdrawn on 6 March 1997 and therefore the judgement became final. Subsequent to that, the
disciplinary proceedings initiated against one of the three officers were discontinued, whereas
another one was acquitted in such proceedings; no disciplinary proceedings were initiated
against the third officer.
4.9
The State party claims that the complainant’s right under article 13 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to have his
case promptly and impartially examined by the competent authorities was fully secured. On the
same day the complainant made his allegations, the President of the Vienna Federal Police
Directorate was informed and the Criminal Investigations Office started its investigations. The
State party notes in this respect that the Criminal Investigations Office and the district police
stations belong to different departments of the police and that these departments are independent
of each other.
4.10 The fact that the investigation was carried out by the Criminal Investigations Office,
which deals with only the more serious crimes, shows that the case was given prompt attention
by the competent authorities. The delay between the beginning of investigations and the passing
on of information to the Public Prosecutor’s Office was the shortest possible and the inquiries
carried out afterwards were extensive. Comprehensive investigations were carried out following
the complainant’s statement that a fourth person had been present during the alleged
ill-treatment. This is said to show that the investigating authorities were unbiased and conducted
the necessary investigations impartially.
4.11 The results of the investigations would have been the same even if preliminary
examinations had been conducted by a court of law or the file had been sent back to the
investigating judge. The witnesses and the accused persons questioned by police officers during
the preliminary investigations were again questioned at length by the judge at the trial. Hence,
any possible faults of the preliminary investigation would have been corrected at that time.
Acceding to the request made on 6 November 1996 by the representative of the complainant to
return the file to the investigating judge would have been counterproductive, as it would not have
produced any new results and would have created a considerable delay in the criminal
proceedings.
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