6
Concerns in Europe: January - June 2001
AI Index: EUR 01/003/2001
Amnesty International September 2001
Alleged ill-treatment at the Ministry of Internal
Affairs and subsequent anonymous
intimidation of journalist Vahagn Ghukasian
In the period under review, freelance journalist
Vahagn Ghukasian received threatening anonymous
telephone calls, and his workshop in Yerevan burnt
down in what appeared to be an arson attack. The
workshop was Vahagn Ghukasian’s only source of
income for himself and his family. AI was concerned
that this campaign of intimidation against Vahagn
Ghukasian appeared either to be aimed at stopping
him from exercising his right to freedom of
expression, or was designed to ensure that he would
not pursue further his complaint of ill-treatment
against an official from the Ministry of Internal
Affairs.
The first threatening phone call was reportedly
made on 20 May, one day after the publication of the
first of three articles in Haykakan Zhamanak
newspaper concerning the events of 27 October 1999,
when a number of senior officials were shot dead in
the Armenian parliament. The anonymous caller
allegedly warned him not to ‘play with fire’, and
demanded that he stop his writing activities. On 24
June, the day after the publication of the third article,
his workshop was burnt down. The anonymous
telephone calls allegedly continued after this incident,
threatening that if Vahagn Ghukasian continued to
‘stick his nose into other people’s business’ that his
house would be burned down.
Vahagn Ghukasian told AI that he thought that the
destruction of his workshop could also have been a
warning not to give evidence to the Procurator’s office
against an Interior Ministry official who had
reportedly ill-treated him in June last year. The alleged
ill-treatment followed the publication on 27 May 2000
by Vahagn Ghukasian of a brochure, entitled
“Observer's version”, about the investigation into the
events of 27 October 1999 in the Armenian
parliament. Vahagn Ghukasian told AI that he
explains in the brochure his opinion that an official
from the Ministry of Internal Affairs, whom he names,
should not be participating in the investigation into the
shootings, and gives his reasons for that.
On 6 June 2000 Vahagn Ghukasian was
reportedly summoned to the Ministry of Internal
Affairs.Two officers are alleged to have ill-treated
Vahagn Ghukasian and only stopped when they learnt
that prior to his departure for the ministry, Vahagn
Ghukasian had left a message with a reporter of
Aravot newspaper, telling her where he was going.
One Interior Ministry official allegedly threatened to
hold Vahagn Ghukasian at the Ministry, and open a
criminal case against him. When Vahagn Ghukasian
asked what for, the official is alleged to have
responded: "For carrying drugs or rape. Any street
prostitute will testify that you raped her". The names
of both officials are known to AI. Later officials from
the Ministry of Internal Affairs reportedly searched
Vahagn Ghukasian's home and confiscated floppy
discs containing the text of his brochure. On 9 June
Vahagn Ghukasian went to polyclinic No. 19 in
Yerevan where it was diagnosed that he had scratches
and bruises on his chest, his right hand and his
forehead.
AI continued to urge the authorities to take all
necessary steps to ensure an impartial, prompt and
thorough investigation into the allegations of ill-
treatment of Vahagn Ghukasian, and to bring to justice
anyone reasonably suspected of having participated in
such abuse. AI also called on the Armenian authorities
to investigate the campaign of intimidation of Vahagn
Ghukasian, and meanwhile to ensure that he and his
family are afforded all appropriate protection.
A U S T R I A
Unequal age of consent
Concerns in Europe: January - June 2001
7
Amnesty International September 2001
AI Index: EUR 01/003/2001
AI adopted a gay man, Franz L.
2
as a prisoner of
conscience after being arrested on 14 February 2001
for having consensual sexual relations with a 15-year-
old adolescent. The organization called for his
immediate and unconditional release. In Austria the
legal age of consent for heterosexuals and lesbians is
set at 14 years of age, but 18 for gay men. Men
convicted of contravening the relevant part of the
Austrian Penal Code may face up to five years’
imprisonment. The man remained in detention until 27
February when a judge at Vienna Regional Criminal
Court (Landesgericht für Strafsachen Wien), which
had issued the original arrest warrant and had
authorized his detention thereafter, released him under
mounting international pressure.
In July 2000 AI had expressed concern about the
conviction of another man, 19-year-old Michael
Wodicka, for having sexual relations with his then 16-
year-old boyfriend in September 1999. He escaped
imprisonment with a fine of 4500 Austrian Schillings
(see AI Index: EUR 01/001/2001).
Intergovernmental bodies
In June the European Committee for the Prevention of
Torture and Inhuman or Degrading Treatment or
Punishment (CPT) published the report of its visit to
Austria in September 1999. On the basis of its fact-
finding visits to a number of police gaols, police
stations and gendarmerie posts the CPT stated:
"During the visit undertaken in 1999 the delegation
recorded a certain number of complaints of police ill-
treatment. However, compared with the allegations
received during earlier visits the instances were less
numerous and the ill-treatment less serious".
3
However, the CPT stated: "The continuation of a
certain number of allegations of ill-treatment clearly
indicates, that the Austrian authorities must continue
to be vigilant in this area".
4
The majority of the complaints of ill-treatment
encountered by the CPT during its 1999 visit were
made by foreign males, mainly assuming the form of
punches, kicks and slaps, particularly of handcuffed
detainees. Police ill-treatment was most commonly
alleged to have occurred at the time of arrest,
prompting the CPT to reiterate an earlier
recommendation that at the time of arrest, no greater
degree of force should be applied than is absolutely
necessary. It added: "... there can be no justification
whatsoever for brutal behaviour on the part of police
officers as soon as the person being apprehended is
brought under control".
5
The
CPT
also
made
a
number
of
recommendations to the Austrian authorities to
strengthen the safeguards against ill-treatment, most
notably, that persons suspected of a crime should have
the right of access to legal counsel from the very start
of their arrest. The Committee stated: "Despite the
recommendations formulated by the CPT in the course
of the past 10 years, people suspected of a crime still
2
His full name is known to AI
3
CPT/Inf (2001) 8, 21 June 2001 - paragraph 15
4
ibid. - paragraph 16
5
ibid. - paragraph 20
do not always have the right of access to a legal
counsel, when they find themselves in police custody.
This situation can no longer continue".
6
The CPT also
repeated another previously cited recommendation
that any medical examination of a detainee should not
take place within hearing or seeing distance of police
officers, unless this is specifically requested by the
doctor.
7
In its response to the CPT report the Austrian
Government
explicitly
rejected
this
last
recommendation on account that it "... constitutes too
great a risk for the doctor concerned".
8
Allegations of police ill-treatment
During the period under consideration AI received
several reports of alleged excessive use of force and
ill-treatment of people by police officers. In several
instances the alleged ill-treatment was captured on
film.
AI received several reports that police officers
allegedly ill-treated or used excessive force against
demonstrators
during
an
anti-government
demonstration, which turned violent, on 22 February
in Vienna, resulting in more than 40 arrests. A
significant number of police officers were injured
during the demonstration after violent elements
among the demonstrators began throwing bottles,
stones and other objects at police officers. However, a
number of complaints have subsequently arisen from
people who had reportedly peacefully participated in
the demonstration, alleging that police officers used
excessive force against them or, in some cases, ill-
treated them. The President of Vienna’s Police, Dr
Peter Stiedl, reportedly stated after the demonstration
that, due to the escalating situation, it had been
difficult for the police to differentiate between "good
and bad demonstrators, passers-by and journalists".
During the demonstration a police officer from
the WEGA (Wiener Einsatzgruppe Alarmabteilung)
special police detachment, referred to as Ernst A. by
the Austrian news media, was also captured on film,
hitting a demonstrator across the face with his hand,
who was playing on a drum. The demonstrator had
allegedly verbally abused officers from the WEGA
special police detachment as "arseholes", prior to
6
ibid. - paragraph 37
7
ibid. - paragraph 38
8
ibid. - page 24