Racism Report 2003 - Zara

Racism Report 2003 Cases: Police Page 27Legally graffiti - of whatever kind - constitutes damage to property and is therefore a punishable offence. Paintingover a racist slogan is therefore also classified as damage to property. There are no special regulations regarding racistcomments. Racist graffiti may be in contravention of the law forbidding Nazi agitation (Verbotsgesetz) (Example: aswastika or „Jews to the concentration camp!“) or they constitute incitement under § 283 (Examples: „Kill Niggers“or „Kill Yugos“.) For more details see the section „The Legal Framework“.PoliceO., a student from Africa who is financing his studies in Vienna by working as a taxi driver was lookingMr.Zivilcourage und Anti-Rassismus-Arbeitfor a parking spot with a friend in his taxi, a Mercedes, on 17 November 2003. He saw two policemen standing atthe side of the road. Shortly afterwards Mr. O. suddenly heard police sirens. As pulled over to let the police car passit came to a halt directly in front of him. The police officers approached Mr. O. and firstly asked to see his passport.He gave them his driving licence. Mr. O. asked if there was a problem. A police officer answered that it was a normalcheck. Mr. O. said that the check was unjustified and that he had only been stopped because he was black andat the wheel of an expensive car. Obviously this made him suspect and he said that this would „only be possible inAustria“. An officer replied to this that he could complain to the Federal President. After checking his passenger Mr.O. was allowed to drive on. He thought that the matter was over. However, 10 days later Mr. O. received a chargesheet because he had apparently obstructed the police with „wild and vehement gesticulation with the hands“. ZARAdrafted an appeal and contacted the complaints officer of the Vienna district.124M. returned from holiday in England with his wife and his four year-old daughter on 6 January 2003.Mr.Zivilcourage und Anti-Rassismus-ArbeitThey landed at Salzburg Airport and wanted to travel on to Vienna by train. Mr. M. is an Afro-Austrian originallyfrom England who has lived in Austria since 1979. His wife is Austrian. Between 14:15 and 14:20 at passport controlMr. M. was separated from the other passengers and his passport and that of his wife were checked with particularcare. He was handed his wife‘s passport back immediately, the immigration officer kept his: it was scanned, closelyexamined and all his particulars were checked on computer. The officer found an entry that the passport had beenreported lost five years previously, nothing else. The officer asked, „Did you once lose your passport? Did you find itagain?“ Since the family had been travelling since 05:30, their young daughter was tired and they still had to catch atrain, Mr. M. asked the officer, „What do you actually want from me?“ and asked politely if other passengers were alsokept waiting so long. Two other officers approached and a discussion developed. Another officer intervened tryingto calm the situation saying his colleague had not meant it badly. Then the officer checking him suddenly wanted tophotocopy his passport and disappeared with it into the guardroom. Another officer, obviously in charge, came outof the guardroom and loudly and threateningly asked, „Where is he?“ Mr. M. was taken into the guardroom. He wasshocked at the aggressive behaviour of the superior officer who in his position should actually have tried to calmthe situation. Mr. M. asked for the officer‘s name.Finally the family were allowed to go. In a ZARA counselling session Mr. M. said that he had already experiencedmany highs and lows in Austria but something like this had never happened to him before. The passengers behindhim had all been shocked. What impression does that leave of Austria, asked Mr. M.Mr. M. did not want to let the incident rest and so wanted to write a letter of complaint, not to report it. A fewdays after the first counselling session Mr. M. called his ZARA counsellor and said that he had received a fine for 144from the Police Headquarters Salzburg for „offending public decency“. In the charge Mr. M. was accused of inconsideratebehaviour, insulting immigration officers and delaying immigration controls as well as a breach of the peace.A ZARA counsellor checked the charge sheet for formal errors but found none. Mr. M. was very annoyed and wasdetermined to write a complaint. However, the ZARA counsellor drew his attention to the fact that it could get evenworse for him and he could be threatened with a libel suit and his costs could also increase. The option that ZARAcould set up a meeting with the immigration officers was too much bother for him. Mr. M. did not want to travel toSalzburg just for a talk, he thought he might just as well pay the fine and let it all rest with him.125S. reported that on Saturday 21 June 2003 he was at a performance of the music group „Bergkristall“ as 126Mr.Zivilcourage und Anti-Rassismus-Arbeitpart of the „Laaer Grenzlandmesse“ (Laaer Border Country Exhibition). At the end of one of the songs there were callssuch as „Zigger, zagger, zigger, zagger, oi, oi, oi“ etc. At around 23:00 one of the band members called out „Sieg“ anda part of the audience answered with „Heil“. Mr. S. tried to get the exhibition organisers to ask the band to distancethemselves and to apologise. Without success however, even when he threatened to go to the police and report theincident. A band member said later, „Actually, I meant ‚ski‘.“