Verwaltungsgericht erklärt Festnahme und Anhaltung für rechtswidrig
Administrative court finds arrest and detention illegal
Mr. C. is a Romanian citizen. In March 2019 he was arrested and detained until 20:45 of the same day by officers of the Vienna State Police. Consequently, in April 2019, he lodged a complaint against the arrest and detention.
Subsequently the Administrative Court (AC) in its decision of in November 2019 upheld the complaint, with regard to the arrest and subsequent detention of Mr. C in March 2019, finding it to be a violation of subjective rights as a result of the exercise of direct administrative authority.
The AC stated that the evidence pointed out that the arrest was based on the well-founded suspicion that Mr. C. had committed embezzlement. The police based the arrest on the resisting arrest. According to the court, as in this specific proceeding, the grounds for the arrest could no longer be exchanged, the complaint had to be granted and the arrest and subsequent detention had to be declared illegal.