Two Aargau cantonal police officers charged after special operation
Published: Friday, Nov 24th 2023, 10:10
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After a long legal battle, the Aargau public prosecutor's office has charged two cantonal police officers with assault and abuse of authority. It is demanding a conditional fine for the police officers. The background to this is a special operation in 2019.
The decision as to whether the police officers of the "Argus" special unit are guilty or not guilty can be left to the criminal court, as announced by the Office of the Attorney General of the Canton of Aargau on Friday. The public prosecutor's office is demanding a fine of 150 daily rates each with a probationary period of two years.
With these charges, the public prosecutor's office is implementing the judgments of the High Court. In June, the court partially upheld two appeals against the public prosecutor's second discontinuation order. The High Court saw unanswered questions. The offense of abuse of office was still open. It is also unclear whether the proceedings were proportionate.
Uninvolved person came under the wheels
During the police raid on a young man wanted for arrest in August 2019, a young bystander was arrested. This man, who was also arrested, accused the police of assault and abuse of authority, among other things.
He was sitting at the wheel of a car when the police arrived. The vehicle was parked next to a petrol station in Hunzenschwil AG on the afternoon of Sunday, August 4, 2019. The man was injured and was unable to work for five weeks.
The arrest was aimed at the passenger, who was wanted for attempted arson, among other things. Just the day before, the then 25-year-old had planted an incendiary device in the entrance to a house in Buchs AG.
He has since been sentenced by the Aarau District Court to a conditional prison sentence of 18 months for attempted arson and threatening behavior.
Public prosecutor's office finds it difficult
The driver of the car was not aware that an arrest warrant had been issued for his passenger. He took legal action to defend himself against the injuries sustained during the arrest and reported several police officers.
The public prosecutor's office first dropped the case three years ago. The High Court upheld the driver's appeal - and the public prosecutor's office had to investigate further. In June 2022, after further investigations, they again came to the conclusion that the operation had been "proportionate and correct". The High Court partially upheld two appeals against this second discontinuation order in June.
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