"Racism Report 2004" is available for free - Zara

Page 20 Cases: Other Authorities and Public Institutions Racism Report 2004
In principle police officers are entitled to search persons suspected of a criminal offence—also against their will,
i.e. forcefully. In this particular case, however, it is not clear why the officer carried out the search. And since the
witness testifies that the officer did it without first questioning those concerned or telling them why he did it, it
stands to reason that he may have violated the Security Police Law and the applicable Guidelines. On the basis of
the witness’ report alone and without being able to identify the officer in question we couldn’t undertake further
legal steps and had leave the matter after our inquiry to the Vienna Federal Police Department.
99 On April 5, 2004, Ms. T., a social worker, informs us of a 17 year old refugee in her care—Mr. C. from
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Nigeria—who was assaulted by the police. Ms. T. turns to us for help because Mr. C. had no health insurance and
needed to see a doctor willing to help in such emergency situations. ZARA tells her of a committed doctor. Mr. C.
comes to ZARA for counselling and describes what happened: In the course of an identity check at Reumannplatz he
is stopped by the police and taken to the station. When the officers want to take his photograph Mr. C. wants to know
the reason and asks to see a lawyer. The officers tell him that they had to take his picture because he was black and
therefore suspected of drug dealing. When Mr. C. eventually puts up physical resistance to having his picture taken
the situation escalates. Mr. C. ends up with fairly severe injuries and in addition he is faced with criminal proceedings
for civil disorder and severe bodily harm. We agree to organise legal help and file a complaint with regard to the
Police Security Act’s Guidelines and admissible measures at the Independent Administrative Court. This results in the
court agreeing to supply legal help to Mr. C. The ZARA lawyers investigate the possibility of a legal complaint but they
consider it unpromising and advise the client against it. In spite of this ZARA sends a letter of complaint to the Vienna
Federal Police Department and organises a mediation talk between the officers in question and Mr. C. Although the
station’s complaints officer is very friendly and willing to co-operate, the officers involved in the incident show no
serious willingness to talk. Mr. C. decides against filing a complaint against them and asks instead to be indemnified
and held harmless. The trial against Mr. C. takes place at the beginning of June. ZARA sends an observer. The trial is
carried out correctly and without racist discriminations. Mr. C. is sentenced to 3 months in prison on parole for three
years. The court also rules that this sentence is not to be shown on a certificate of good character which is important
for future employment! Both the prosecutor and Mr. C. accept the sentence.
100 During a ZARA “Lokaltest” in December 2004 an incident with the police occurs. Two female ZARA vol-
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unteers (light-skinned) are on their way home with two persons of black skin. Their car is stopped—according to the
officers—for a “traffic check”. For no apparent reason the persons sitting in the car are also asked for their nationality.
The two black men have to show their I.D., the two light-skinned women don’t. When asked for the reason the
officers claim that according to the aliens’ law the police are obliged to carry out controls under suspicious circumstances—and
reason for suspicion was given as “due to the colour of skin of the two passengers it had to be assumed
that they weren’t Austrian citizens”. Moreover, one of the officers adds, “if I were an Austrian in Africa for sure I’d be
checked as well.” Before driving off the ZARA volunteer Ms. V. asks the officers to bear in mind that there were also
Austrians with black skin. A complaint regarding the Police Guidelines is considered but not carried out because of
the possible expenditure involved. ZARA documents the incident.
101 At the beginning of August 2004, Mr. K. (African) is arrested in the course of a roundup. He reports that
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he was eating in a restaurant when he was suddenly grabbed by several police officers and pulled away from the
table; at the station he was physically assaulted and completely undressed and afterwards about 250 Euro were
missing from his purse. A trial takes place—against him. He’s accused of civil disorder and of having sold drugs. At
the first hearing in January 2005 he is cleared of the first offence. ZARA volunteers are observing and recording the
proceedings.
Another incident is already reported under: http://derstandard.at/?id=1733806
Other Authorities and Public Institutions
102 On a bus of the Wiener Linien (Vienna Public Transport) Ms. L. observes the following: during a check
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for identity a female passenger wearing a headscarf has none and readily admits it to the controller. He addresses
the woman with the impolite German “you” (i.e. du instead of Sie) apparently feeling entitled to do so because of
her foreign origin. There are two more controllers who address the woman in the same impolite way when they get
off the bus with her. ZARA writes a letter to the Wiener Linien asking for an explanation. A member of staff at the
customer service contacts ZARA saying that the controllers in question deny everything. She did, however, seize the
opportunity to instruct all members of staff to conduct their controls in a more polite and correct way. Furthermore