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.
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