Basel Police Officer in Court: Pepper Spray Used at Demo Without Warning?
A Basel police officer is facing trial for grievous bodily harm and abuse of office. The verdict will be announced on Thursday afternoon.
Basel Police Officer Justifies Pepper Spray Use at Unauthorised Demonstration
As reported by Google News CH — Crime (de), a Basel police officer must answer in court for spraying a demonstrator with pepper spray at an unauthorised gathering. The public prosecutor's office accuses him of simple grievous bodily harm and abuse of office, and is seeking a conditional fine of 100 daily rates of 180 francs each.
The incident occurred at the edge of a solidarity action for the accused in the "Basel Nazifrei" trials. Police had cordoned off the unauthorised demo at Nachtigallenwäldeli and carried out identity checks on individuals. Subsequently, a group of demonstrators formed a sit-in blockade to block the departure of a police vehicle. The accused stood below a ramp to secure the police line.
When a demonstrator filmed the sit-in blockade from the ramp, the police officer resorted to pepper spray. The injured party was subsequently blind for half an hour and suffered itching for several days.
Police Officer Perceived Danger Approaching
In court, the accused explained that he had perceived a threat in that situation. "It was clear to me that danger was coming," he said. His view had been restricted by his helmet; additionally, he had not worn a protective shield during this operation. According to operational doctrine, it should not come to a point where someone approaches in such a manner. After six years, he could not recall all the details — in any case, there had been a "chaos" in that situation.
The proceedings were a considerable burden on him, the police officer added. Currently he was on sick leave and undergoing psychotherapeutic treatment. He suffered from sleep disorders and existential fears regarding a possible dismissal.
Opposing Counsel: Use of Force Disproportionate
Andreas Noll, lawyer for the private complainant, described the pepper spray use as disproportionate. Force should only serve as a last resort, Noll said. The police officer could have shouted "stop" to the demonstrator, given a hand signal, or initially pointed the spray canister as a warning only.
Noll also pointed out contradictory statements: throughout the entire investigation, the accused had never spoken of a threat — now he had. Video recordings clearly showed that the spray was deployed without warning. His client and another demonstrator had at no time attempted to break through the police line. Noll further emphasised that, according to a Federal Court ruling, filming police operations is permitted so long as it does not impede their work.
Defence Counsel Seeks Acquittal
Stefan Suter, the police officer's defence lawyer, described his client as a "serious person" who had always carried out his long-standing work correctly. "It is easy today in the courtroom to dissect that brief moment," Suter said. One had to put oneself in the excited atmosphere of the demonstration. The police officer had been surprised by the situation and had to make a decision within seconds — in this "situation of duress" a warning had not been possible. Suter therefore pleaded for an acquittal without costs.
The court will announce the verdict on Thursday afternoon at 15:00. The presumption of innocence applies.
Source: Google News CH — Crime (de)