The case of a Viennese climate activist who had to undress during a police investigation this spring caused a stir. After a complaint from the previous generation, there is now a clear verdict from the court: the behavior of the agents was illegal – the activists’ lawyer now speaks of a precedent.
On February 20, an officer forced the 24-year-old to remove his underwear at the Rossauer Lände Police Detention Center (PAZ). “The BF (prosecutor) was arrested on suspicion of a minor administrative offense under the Assembly Act, did not resist his arrest and took part in his search of the meeting place and the establishment of his identity,” the final verdict of the Supreme Court said. the administrative court.
‘No reason to ask to undress’
“There was no reason to assume that the BF was dangerous. A first superficial search of the BF at the scene of the incident had already shown that he had no questionable objects with him,” said the administrative judge. no reason to ask the BF to undress completely and inspect his unclothed body.”
According to VwGH jurisprudence, such an action is in any case permitted upon arrest, but only to prevent injury to oneself or others and to prevent escape. As the risk potential diminishes, “a measure such as searching an unclothed body becomes fundamentally disproportionate.”
Measure of the official excessive
According to the Supreme Court, the intensity of the measure must also be measured against the objective. If there is a suspicion that the arrested person is carrying items that pose a risk to safety or facilitate escape and are small enough to be overlooked, a request to remove underwear is allowed. In general, however, the principle of proportionality should always be applied.
Moreover, the conclusion in this case is also in line with the jurisprudence of the European Court of Human Rights (ECtHR).
Activist: ‘We are not criminals’
The activist involved was happy with the court’s ruling on Wednesday. “We are not criminals who carry dangerous objects with us,” said the student. The “Last Generation” announced that it was time “for those responsible to be brought to justice, who are currently driving the destruction of our society with the expansion of fossil fuel infrastructure.”
Lawyer sees historic verdict
Clemens Lahner, the lawyer responsible for the 24-year-old, stressed on Wednesday that it is a landmark court judgment. “The decision sets a precedent because it makes it clear that nonviolent protest does not warrant degrading treatment,” said Lahner.
“The message to young people in particular is: if something is important to you, you can take to the streets without your human dignity being violated.”
Inspector argued with ‘standard procedure’
The group inspector responsible at the time emphasized last week that this procedure was “standard procedure”. The police officer said that he could never rule out in advance that he would endanger himself or others, even if there were no concrete signals. He also suspected that he had found superglue in the man’s underwear. “It could have been that someone in the PAZ stuck to us and we don’t need that.”
The headquarters of the Vienna State Police can now theoretically file an extraordinary appeal against the decision, but the ruling is final.
Source: Krone
I am Wallace Jones, an experienced journalist. I specialize in writing for the world section of Today Times Live. With over a decade of experience, I have developed an eye for detail when it comes to reporting on local and global stories. My passion lies in uncovering the truth through my investigative skills and creating thought-provoking content that resonates with readers worldwide.
