A few abrasions do not correspond to beating, the court justified the liberation of other guards from Rhinovice
Today's verdict is final. « It has not been shown that the act for which they are prosecuted are prosecuted, » said Jitka Tomsová, chairwoman of the Board of Appeal.
Men aged 34 to 56 were charged with abuse of the authority of an official and a breach of the obligation of supervisory or other services. Only one continues to work in the prison. Today's court decision did not want to comment on publicly.
Prosecutor Martin Tvrdík does not yet know whether he will use an extraordinary remedy, which is an appeal to the Supreme Court. “I will wait for the delivery of a written copy. Then I will consider what the chances are, ”Tvrdik said today.
These are one of the six cases in which 15 guards from Rýnovice were accused of the same crime for the conduct of disciplinary penalties (OVKT) from February 2020 to January 2021.
According to the indictment, they did not manage the tense emotional situations, and instead of proceeding in a legal way, they were punished by the prisoners arbitrarily for mischievous behavior to ensure peace of service.
The second exempt judgment
It is the second liberating verdict this week. Another case on Monday District Court in Jablonec released the indictment of other four former guardsbut for them, the judgment is not yet final. However, they have previously succeeded in appealing to the Supreme Court, which came to the conclusion that in their case, in extreme cases, it was only a disciplinary offense, since they did not cause any serious harm to the prisoner.
Monday and today's verdicts of the courts in Jablonec and Liberec will also affect other cases, did not want to anticipate today.
“I was not present (Monday) the announcement of the judgment. I do not have it and I would not like to comment on it. However, if we see how the Supreme Court decides and how the serious harm is interpreted, then a certain shift in the decision -making of courts can be expected, ”the prosecutor said.
The court did not believe prisoners
In the case that the court decided today, five men faced the accusation that in February 2020 entered the cell, three prisoners took away and the convicted Eugen B. Then physically attacked. The prisoner said in court that the guards beat him repeatedly with his hands and kicked it into it. The Court of Appeal did not believe its version.
« In a fundamental way, the credibility of his testimony is questioned by the expression of an expert and what was resulting from medical reports, » she said. While the prisoner had several abrasions on his body, according to his description of the attack, he would have to have much more serious injuries. « Apparently there would be numerous injuries from the head to the heels if he was repeatedly attacked by kicks and strikes by more persons, as he described, » Tomsova said.
The defendants defended themselves by performing a cell and personal Eugen B personal inspection. According to the court, minor injuries could arise during a personal inspection in which the prisoner did not cooperate.
« However, there is no doubt that any violence is made to exceed the permitted limits by the Prison Service, » the judge added.
