Racism Kills
Every year many people are dying by the racist policy of Fortress Europe. Deaths during deportations are accepted conscious. Marcus Omofuma is not an isolated case....
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last update: 03.08.2002

Judgement on three police officers who killed Marcus Omofuma is now legally binding

The judgement

As a consequence of the withdrawal of an appeal by the prosecution authority, the judgement pronounced by the court of Korneuburg near Vienna 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 then decided, that "deliberate tantalization of a prisoner" could not be verified in the case. This 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 tantalization 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; 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The news, that the ministry of justice has withdrawn the appeal of nullity - resp.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.