Fellow inmate tortured

Prisoner raped and beaten with a pencil

A 19-year-old received his first long-term prison sentence on Friday.

(Bild: ©Constantin Handl)

The 19-year-old first defendant tried to convince the judge that he had only acted so brutally because he believed his new cellmate was a rapist. However, he did not believe him and accused him of highly problematic sadism towards weaker people: Seven years in prison, legally binding. 

The 19-year-old, who was almost 1.90 meters tall, had treated the victim "like a punching bag", repeatedly beating his upper body and face with powerful and massive punches. When he was lying on the ground, he kicked him, beat him with a belt, slippers and a mop and strangled him until he lost consciousness. But that was not all: he had also tried to force him to insert a pencil rectally and even tried it himself.

Big crowd at the trial
All of this caused a huge crowd at Ried Regional Court on Friday morning. Masked judicial guards in full gear with tasers and protective vests, cameras and an impressive list of previous convictions between the three defendants were presented to the spectators. All three were imprisoned together with a fourth in Ried prison in February of this year, when a new cellmate suddenly joined them.

Started beating again and again
At first they had a normal conversation and got to know each other, but on the second day the 19-year-old had already attacked the newcomer. The other inmates were still able to calm him down. Later, they had dinner together as normal. The next day, however, the ordeal continued: Time and time again, the newcomer was the victim of the most brutal attacks by the first defendant. He did not defend himself, but tried in vain to fend off the blows. As described above, the 19-year-old had "enslaved" the new cellmate in port jargon, although his fellow inmates repeatedly dragged him away.

Strangled until he was blue
The victim was allegedly repeatedly forced to clean the bathroom, only to suffer repeated beatings, humiliation and other abuse from the first defendant afterwards and in between. Once he was even strangled from behind until he turned blue and began to convulse unconscious on the floor. The second defendant then put him in the recovery position and woke him up again with water and a "slap".

"Should have helped more"
"I was really shocked, and I've seen a lot in the port, from fights and with criminals of a completely different caliber," said the 38-year-old Austrian of Moroccan descent at the time. "But going after a weaker person for no reason, and then the thing with the pens, that was definitely going too far for me, and my biggest mistake was not helping him better!"

Victim maltreated
The photographs also show the victim's body maltreated and covered in numerous bruises, hematomas and scratches. The fractures of the spinous process on the fifth and sixth cervical vertebrae, the fractures of the ninth and tenth ribs and countless bruises all over the body were not visible to the naked eye. However, the evidence revealed that the 38-year-old had only struck the unconscious victim three times before helping him.

Rape with a pencil
The first defendant also confessed: "I forced him to insert the pencil and then helped myself". However, the irony that he himself became a rapist as a result is lost. 

Long sentences or acquittal?
The 19-year-old Austrian pleaded guilty in full, as did the 37-year-old, contrary to the statements made by his lawyer. Only the 32-year-old claims to have had nothing to do with the abuse, he was also exonerated by all but the first defendant in the course of the trial - he was also acquitted. Nevertheless, he also got his comeuppance: "I know that you are a leader in there - that you didn't intervene at all, didn't help, that bothers me a lot, and you should be ashamed of yourself!" said the judge. The second defendant received eight months in prison for assault - the absolute minimum sentence in view of his many relevant previous convictions, as the judge emphasized. He recognized 1000 euros in partial compensation for pain and suffering, which he must also pay to the victim. 

The main offender was nevertheless lucky
The 19-year-old did not get off so lightly: he was sentenced to six years in prison, and a conditional eleven-month prison sentence was commuted to an unconditional one - i.e. almost seven years in prison. The combination of several crimes and his numerous previous convictions were aggravating factors. The confession, his remorse and the fact that the rape had only been attempted were considered mitigating factors. The twelve weeks of aggression therapy, which the 19-year-old main offender had apparently successfully completed, was also taken into account positively.

Aggression therapy was already having an effect
Apparently there had been repeated incidents in previous trials, which is why six strong and largely masked judicial guards were positioned between the defendants in the courtroom at all times. This time, however, he remained seated calmly, speaking only rarely, but objectively. Nevertheless, he was lucky: "They were not yet 19 years old at the time of the crime, and their confession also got them out of the noose," said the presiding judge, explaining the jury's verdict. "Otherwise it could easily have been eight or ten years!" All sentences are final.