Explosive accusations

No charges for assault despite choking?

(Bild: Birbaumer Christof)

Although a Tyrolean woman was choked by a man, the police allegedly refused to press charges against her. The local police naturally see the incident quite differently. The case is now with the Innsbruck public prosecutor's office.

Ms. S. made serious accusations against the police when she contacted the "Krone". A few weeks ago, on a toboggan run in her home town, she drew the attention of a group of German holidaymakers with two loose dogs to the obligation to keep them on a lead. Her daughter (13) and her friend had previously fled into the forest out of fear of the animals. According to S., a heated argument then broke out with the four Germans and she threatened to call the police. "Then one of the men grabbed me by the neck and pushed me against my car until I couldn't feel the ground anymore." He only let go of her when one of the women intervened.

The alleged attack on the woman took place on this toboggan run in a village in the Tyrolean Oberland.

(Bild: privat)

Separate questioning by the police
S. fled, her partner called the police. The officers had her describe separately what had happened. S. then asked what would happen next in terms of pressing charges. The police officer who had questioned the Germans is said to have replied: "There are no charges." "Firstly, there were four of them and I was alone, secondly, the man claimed that I had attacked him and thirdly, I had no visible injuries", S. describes the officer's alleged reasoning.

The "Krone" confronted the post commander of the station in question as well as the responsible district police commander with the allegations. They described the incident differently: Ms. S. had stated on the spot that she was not injured. "And without an injury, I can't press charges for assault", says the head of the station.

In any case, there is also the offense of attempted bodily harm.

Hansjörg Mayr von der Staatsanwaltschaft Innsbruck

The district commander confirms this and describes the officer in question as "always polite, straightforward and consistent". There had never been any complaints. Neither he nor the post commander could imagine that Ms. S. was unlawfully denied a report.

Do the police have to take every complaint?
"The common assumption that every complaint has to be recorded is not true," explains a spokesperson for the Austrian Ombudsman Board. Hansjörg Mayr from the Public Prosecutor's Office in Innsbruck elaborates: In principle, the police are obliged to record reports, "only if they think it is irrelevant to report to us, they do not have to do so". When asked whether there has to be an obvious injury for a report of assault, Mayr says: "In any case, there is also the offense of attempted assault."

The strangulation marks on Ms. S.'s neck as documented by the internist.

(Bild: privat)

Allegations against officers and their boss 
Ms. S. ultimately pressed charges. An internist confirmed strangulation marks, the patient had pain and trauma. The findings are available to the "Krone". Only then and after several phone calls was she allowed to make the report, claims S. That is not true, contradicts the district commander. They just didn't know about the assault beforehand, S. had denied it. And the post commander who took the complaint reported that her statements did not match those in the incident report: "She described it very differently to me than she did to her colleagues."

Ms. S. replied that she had stated from the beginning that she was injured. She suspects the officers of falsifying the incident report. She accuses the station chief: "He spent an hour trying to talk me out of reporting the incident." He defends himself: "We had a completely normal preliminary discussion. I didn't try to talk her out of anything."

The case is now with the public prosecutor's office
Whichever version is true - Ms. S. has contacted the public prosecutor's office in Innsbruck, as spokesperson Mayr confirms. He did not give any further details, but in principle, complaints against the police are rare.