1976, a long-serving and multi-district inspector commended the active police force was dismissed because he had been convicted under the then applicable § 209 of the Austrian penal code. To date, he unsuccessfully challenged for his rehabilitation and to his pension. The right LAMBDA (RKL) hopes for the Administrative Court.
1976, a long-serving and multi-district inspector commended the active police force was dismissed because he had been convicted under the then applicable section 209 of the Austrian penal code. The Vienna Regional Court for Criminal Matters was the then 32-year-old policeman with the rank of district inspector previously tightened for breach of this paragraph to 3 months imprisonment by a fast day per month condemned. That ruling was then upheld by the Appeals Court. After this sentence, the Disciplinary Committee said spoke of a "perverse inclination" and the fact that the man had committed "one of the worst possible breach of duty". There is no question "that homosexuals represented in the ranks of the security executive for that in itself is an awful burden. A man whose homosexual tendencies are known, would probably hardly find recording at the security guard."
According to § 209 of the Penal Code was unanimously same-sex sexual intercourse between men - in contrast to heterosexuals or women - forbidden, if one or both partners was under the age of 18. Only after several convictions of the Republic of Austria by the European Court of this provision of law was abolished in August 2002. Unlike in Germany, in Austria there were no amnesty law and the criminal convictions are due to § 209, subject to the limitation periods, often evident today. In cases in which those affected have appealed to the Strasbourg Court, was convicted to date in any case, a conviction under § 209, the Republic of Austria to repeal the sentence and compensation. Nevertheless, the policeman is therefore reduced his pension to this day still as a punishment by a quarter. The Constitutional Court, but refuses to deal with the complaint of the man.
If it had, in this case a heterosexual relationship or a trade between two women, so the policeman would never displayed, indicted, convicted and punished disciplinary never been. Because he is a man and his partner were male sex, he was sentenced as a sex offender and released from active police service, says the right LAMBDA (RKL). The penalty is even still upright, the man has never been reinstated in the police service and his pension will be reduced still by 25%. The man turned, therefore, now at the Austrian Constitutional Court (Constitutional Court), relying on the jurisprudence of the European Court of Human Rights, according to past human rights violations may now no longer subject to negative consequences. The states are rather required to correct such negative consequences active. No one should have to suffer today because he used the victim of a violation of human rights has become. The Constitutional Court has rejected the complaints, however, the treatment of former police officers: 'The alleged violations of the European Convention on Human Rights so little chance of success, that a job would not be worth it', said the Constitutional Court.
The RCG therefore hopes now to the Administrative Court, which had to examine still ongoing discrimination under the aspect of EU anti-discrimination policy: "The Administrative Court has ruled in recent major cases in favor of homosexual, bisexual and transgender people had rejected their treatment of the Constitutional Court, "says the RKL-president and attorney of the police officer, Helmut Graupner. "We have certainly asked the Administrative Court, the case to the Court to submit to the European Union."
Source: Gaywien.at
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