Martin Shaw and Gesine Wenzel nearly lost their lives during the Aubonne Bridge Action against the G8 in Evian 2003 when the police cut the climbing rope that held both activists. Martin survived the 23m fall by sheer chance, but was crippled from the extensive bone breakage he suffered.
Both activists who were found guilty and sentenced for blocking the road and endangering life in 2004 filed a complaint against the police.
At the trial, although the judge found the police not guilty, he did not give credible reasons for this.The judge said that the injuries were the 'activists’ own fault since if they had not been hanging from the bridge, the police could not have cut the rope. Secondly, the prosecutor, Daniel Stoll, admitted that the police had made several mistakes, but that this was understandable due to the stress they were exposed to and by the fact that this form of protest action was unknown to them. He withdraw the charges.
The tribunal of the Canton of Vaud today decided to reject the appeal filed by activists Martin Shaw and Gesine Wenzel.
Gesine Wenzel, whose life was only saved when activists on the bridge grabbed her climbing rope as it was being cut by Officer Deiss, said, "I hope this decision has made it clear to everybody that this system is corrupt. All this talk of impartial justice and equality in front of the law is pure hypocrisy. We were found guilty for endangering the lives of the car drivers, and yet the police officers who very nearly killed us have had their violent actions whitewashed once again by the courts. Now the court of appeal has proven beyond doubt that there is no way to hold the Swiss police accountable for their abuse of power even when they are caught on video. Our case is only the tip of the iceberg. This is what passes for 'justice' in Switzerland".
Martin Shaw will never fully recover from the 23-m fall where he shattered his foot and broke his back. In principle it is the responsibility of the government of the Canton de Vaud to pay compensation since they are responsible for the actions of their police, but this verdict may be used to refuse payment.
Until now the government of the Canton de Vaud has not apologised or shown any attempt to review their policing. Martin Shaw says « I will be crippled for the rest of my life. I have had to give up my work as an electrician. Whilst shop keepers were compensated for broken shop windows, activists who had their bones broken by the Swiss police will never see a penny. This is what their 'democracy' looks like.» This appeal was the final judicial possibilty to hold the police accountable for their actions. There is no appeal to a higher court owing to a law that prohibits citizens from making direct claims against a police officer at the federal level.
The activists’ lawyer, Jean-Pierre Garbade declared, 'It is clear that the two police officers violated the law. The fact that now the court of appeal also grants them impunity for very questionable reasons raises big concerns about the protection of civil rights in Switzerland as did the attitude of the general prosecutor who refused to press charges.' The activists point out: “This is the exactly the reason, why we believe in direct action and self-management. This system is only pretending to be democratic. The G8 is the best example for their hypocrisy. This decision made us even stronger in our beliefs.” More information, photos and video available at www.aubonnebridge.net
© Workrep 10 / 09 /2006