State acquitted

Dead: Recruits should not have been allowed to march

19-year-old died of overheating during march - the legal process continues.

(Bild: P. Huber)

More than seven years ago, a young man from Lower Austria died during a military march in Horn (Lower Austria) - the temperature was almost 36 degrees Celsius. A criminal investigation ended with proceedings being dropped. And now the European Court of Human Rights does not consider the Republic to be responsible either - the mother and her lawyer have now submitted a final application. 

"Finally call a doctor. I'm burning up," pleaded a conscript in Horn, Lower Austria, during a march on August 3, 2017. The recruit was literally dragged on for 20 minutes by the group commander in 35.9 degrees in the shade. He was laid down on the barracks floor in the blazing sun, completely overheated - it was not until half an hour after the first complaints, when the 19-year-old lost consciousness, that the emergency services were alerted. The young man died in hospital.

"Heat decree has been violated"
A legal marathon begins - pursued by the grieving mother of the Lower Austrian and her lawyer Helmut Graupner. "The heat decree has been violated in many respects," Graupner told the Krone newspaper. In 2011, for example, the Ministry of Defense stated that extreme temperatures were reached when 28 degrees in the shade were measured at 12 noon. Marches, especially in open and uncovered terrain - as was the case on August 3, 2017 - are to be avoided. The participation of trained medical personnel must be ensured to the extent necessary. And more ...

No consequences under criminal law
The Krems public prosecutor's office investigated the barracks commander and others involved - but not the group commander who was marching directly with them. The sobering result for the relatives of the deceased 19-year-old: Although it was recognized as a violation of the law that the rescue was not called immediately, the proceedings were nevertheless dropped. The conduct of the accused at the time would have "only" increased the likelihood of a fatal outcome from 20 to 28 percent ...

A positive decision by the ECtHR would be an important conclusion for the mother.

Anwalt Helmut Graupner

Bild: Georg Wilke

However, if you do the math, it is an increase of 40 percent. This is why the mother of the young Lower Austrian and her lawyer took the case to the European Court of Human Rights (ECtHR) in 2021. Years later, the Court has now conceded: The Horn heat march should not have been ordered. However, it is not enough for a violation of the fundamental right to life. 

Another setback for the family: "She is really only interested in justice," says Graupner on behalf of his client, who has been sparing no expense or effort for over seven years to clear up the death of her son. The last ace up the lawyer's sleeve: An application to the Grand Chamber of the ECtHR. Here, 17 judges decide - and not only on the fundamental right to life. The application also includes the examination of unlawful degrading treatment. 

Whether the Senate will take up the case will be decided in the coming months. Lawyer Helmut Graupner told the "Krone" newspaper: "That would be an important conclusion for the mother." Which is probably long overdue after all these years ...