meanwhile in austria [omofuma process update] ...
Judgement on three police officers who killed Marcus Omofuma is now legally binding
12.Aug.02 - As a consequence of the withdrawal of an appeal by the prosecution
authority, the court has pronounced that the judgement in the case around
the suffocation-death of Nigerian refugee Marcus Omofuma is now legally
binding. In April this year, three Viennese members of an alien's
police-unit - who deported and thereby killed Omofuma - were sentenced to
eight month on probation each for involuntary manslaughter under
especially dangerous circumstances.
The Austrian Ministry of Justice had reviewed the written judgement and has then decided, that "deliberate tantalisation of a prisoner" could not be verified in this case. The decision was strongly based on a 60-pages-exposition by the judge, Alexander Fiala. In this paper, Fiala even speaks of joint guilt of the detainee who had made it even harder for the policemen to execute the deportation on May 1, 1999.
Therefore, a conviction for deliberate tantalisation of a prisoner - alongside with a sentence of one to ten years imprisonment - is ruled out. In case of a sentence for a deliberate action that exceeded one year in prison, the policemen would have been expelled from police; however, now they can serve their jobs as if nothing had happened.
The news, that the ministry of justice has withdrawn the appeal of nullity - resp. has issued the according instruction - is understood as "mockery" by the bereaved, represented by lawyer Georg Zanger.
related on noborder.org:
Marcus Omofuma: Murder unpunished
A résumé of the first two weeks of the trial
The Omofuma Deportation
Where is Marcus Omofuma? - The trial against the three Aliens Police officers who killed Marcus Omofuma begins on 4th of March
The killing of Marcus Omofuma and the consequences for the anti-racist scene in Vienna
For a World without Racism