African American teacher attacked by the police

Alert DateFebruary 11, 2009 Country: Austria Address: Vienna General Type: Racist violence, Institutional discrimination Racism and discrimination phenomena: Anti-migrant/xenophobia, Afrophobia
Groups affected / Interested in: Migrants Key socio-economic/institutional areas: Policing - law enforcement
Victims Data
Victims Nationality/Ethnic Origin American
Victims Gender Male
Victims Age N/A
Victims Number 1
Fatalities - deaths N/A
Perpetrators Data
Perpetrators Nationality/Ethnic Origin Austrian
Perpetrator Gender Male
Perpetrator Age N/A
Perpetrators Number 2
Extremist/Organised Group Violence No

Mike B is an African American teacher in Vienna. On Wednesday February 11th 2009, after leaving the metro at Spittelau station he was pulled to the ground by a man without any warning and struck by the man with his fists. A second man came up and helped to hold Mr B down. Mr B's girlfriend, who had been waiting on the platform, ran to help. She asked what was going on and demanded that they stop hitting Mr B and as she suspected them to be plain-clothes policemen she asked to see their identification. The two policemen continued to act very aggressively and only reluctantly provided identification. At this point the officers realised that Mr B was not the person they were looking for. They informed Mr B that there had been a mix up and that they had mistaken him for a suspected drug dealer who was black. After Mr B's girlfriend had taken the names of the two policemen and of a witness, Mr B was taken by the ambulance to the hospital where he was diagnosed to be severely injured.

The incident has been reported at length in the media, including in the New York Times. Politicians of the SPÖ and the Greens have released statements calling for a swift resolution of the case.

Mr B's lawyer submitted a guidelines complaint against the officers with the Independent Administrative Tribunal and re-filed charges for bodily harm and misuse of authority.

In November, the media reported that the Korneuburg regional public prosecutor who was handling the dispute had already dropped the case against the two police officers. However, Mr B's lawyer later approached the public prosecutor with new information, and so the case had to be reopened. A new medical report on the injuries was requested by Christmas, as doubt was cast on the first medical report on Mr B's injuries. On January 11th 2011, one policeman was pronounced guilty because of negligence and serious personal injuries and was fined 2,800 Euros. However, at the Higher Regional Court the sentence was reduced to 1,680 Euros on September 27th 2011.

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