German translation: https://www.rezamusic.com/writings/law-ethics/Rassistischer-Polizist-Schweizer-Kantonspolizei-Aargau
By Reza Ganjavi
Living in Swiss city of Wettingen on the border of Baden, in Canton Aargau. One evening I went for a walk. Sometimes to get extra exercise I took a dumbbell with me and to protect my guitar nails and because it was a bit cold, I wore gloves.
One of these times when I went for a walk, a woman stopped and took videos of me. And she lied to me saying this is a private road -- it was a public road, and the local government confirmed that when I inquired later. She lied to me, and called the cops based on a lie after I wrote down her license plate because she was taking a video, for no cause, and without my permission. What the heck?!
She called the cops for absolutely no valid reason (being foreigner looking is not a valid reason). I was just walking on the sidewalk. I continued the walk and when I got to the main road, a city police car showed up. Naturally I had nothing to fear or worry about so I continued my path, and they stopped me. Another car, a state (cantonal) police pulled behind them and there were a bunch of cops there, over absolutely nothing.
They questioned me, and of course, every answers were calm, solid, true, as I had every reason to be there, and I had done absolutely nothing wrong. They weren't happy, given I'm a "foreigner" that the foreigner is totally clean and 100% legal in every way. I had a pen with me as I often do, and paper, and wrote down everything they said. They didn't like that. Because there were illegitimate in their acting and saying stupid things, and I was legitimate. And they didn't like a record being taken of their stupid remarks. I kept writing, even when they said stop -- I had every right to write and they had no right to tell me to stop, and they knew I know my rights.
One of them - a big guy by the name of Philipp Betschart, was such a rude, tense, nasty person in my opinion. He tried to provoke me with a rude question: "what's your problem" when I was writing everything down. He started searching me and even searched my gloves and was so upset that he couldn't find ANYTHING illegal. And I think he was upset that he failed to provoke me -- they didn't find ANYTHING illegal so I think he was hoping to provoke me so I do something stupid -- they didn't know they're dealing with a yogi :-) I stayed totally calm and unaffected by the stupid provocation. And I stood my ground. I did not give a centimeter of submission to his bullying.
I live a 100 meter away, I was on an evening walk, 100% lawful. In the process of searching me the racist officer said "you're an Arab, we know you". No I'm not an Arab and you don't know me - I have no record - and I'd never seen his unpleasant face before. He was even physically aggressive as he turned me around to search me. Of course, I cooperated - as it's stupid to resist a racist cop who's willing to lie, provoke, and mistreat a 100% innocent person,. But I got his name.
I severely escalated the matter the same evening with with KAPO Aargau, including with their commander (top boss), "Oberst Michael Leupold". The next morning I was contacted by the cantonal police department's legal department in response to my complaint to the police commissioner and they provided the names of the abusive police officers.
It is absolutely despicable when police decides they can disregard people's rights, and decency and civil behavior, just because a person is a foreigner. In this case they didn't know that they're dealing with someone who takes his rights very seriously.
I filed a criminal complaint against the racist officer. They took it seriously but as it is common (with exception) in Switzerland, if you're a "foreigner" it's enough to trigger tribal conditioning, and truth and rights and decency goes out the window. The Prosecutor interviewed me as a Plaintiff, and even paid my way to go there. As it's customary, the system (with exception) helps the native get off the hook, especially if the victim is a foreigner, and even more especially so if the defendant is a police officer or prosecutor.
I had another case where I was a victim of a racist attack and the Prosecutor helped the racist guy who almost killed me get off the hook, despite clear evidence against him, and there, the Canton of Zurich High Court (Obergericht) and the Special Prosecutor didn't even allow the Prosecutor to be investigated. When they're even afraid of investigation, you know there's something wrong.
I did not further pursue the case against the Canton itself, the police department and the racist police officer, because
a) I didn't feel like banging head against system in which racism is so dominant -- the argument the Prosecutor brought about case law that supposedly the cop's clearly racist remarks were not considered racist blah blah because of blah blah, were just blah blah in my view -- to exonerate the cop, because he's a cop, and there are umpteen cases like this in Switzerland (the Federal Anti-Racism Commission keeps tracks of such cases and they're overloaded!);
b) I felt justice had been served: I already kicked their ass with my pen: I wrote several heavy letters to his bosses, the legal department, and the attorney general of Canton Aargau. And the racist cop he had to show up for interrogation as a criminal defendant at the Prosecutor's office, and I know for sure, next time he wants to exert his racist sentiments and will-to-power over a "foreigner", he will think twice. I taught the racist cop a lesson he won't forget.
I had no ID on me, so they walked me home (1 minute walk) and I showed them my ID. One of the cops (Philipp Zimmermann) entered my residence without my permission and of course without any suspicion or basis. Of course, they had found absolutely nothing unlawful. I filed a complaint against him for invasion of privacy.
I also contacted the woman with a legal threat demanding that she destroys the videos she illegally took, and sign a letter confirming that she has. She complied and sent me the confirmation, and I didn't press charges against her for filing a bogus police report, and taking pictures of me without authorization.
The racist cop was represented by a lawyer - I was a pro-se Plaintiff/victim.
He was investigated for:
Racial discrimination (Art. 261 bis of the Penal Code)
Abuse (Article 177 of the Criminal Code)
Assault (Article 126 of the Criminal Code)
I declared myself as a Private Claimant (Article 118 ff. Code of Criminal Procedure)
~~~
FORMAL COMPLAINT (sent in both German and English)
15.04.2014
HR. Umbricht Philipp DVIOSTA, lic. iur.,
KANTON AARGAU Oberstaatsanwaltschaft Fürsprecher leitender Oberstaatsanwalt
Head Prosecutor, Canton Aargau
COMPLAINT AGAINST TWO POLICE OFFICERS:
Philipp Betschart – for racist slur, incrimination, and harassment
Philipp Zimmermann – for entering my residence without permission
Dear Mr. Umbricht:
On 27 March 2014 I was on my street, walking and exercising when a group of police officers stopped me. They were called by a woman who seemed imbalanced, as far as I’m concerned because she called the police when she saw me walking and exercising on the side walk of a quiet public road in my neighborhood. I had been there before and never had trouble. Usually with neighbors we greet each other and smile. In this case, the woman started taking my video and when I told her that she is not allowed to record me without my permission she got upset and called the police. All I did was to write her car’s license plate and leave.
The police investigated the matter on the spot and concluded that there was absolutely no wrong-doing – that the road was indeed public – and I hadn’t done anything wrong.
However, during this process my rights were violated by two of your police officers.
1. Philipp Betschart was extremely rude – he searched me (in a distance from the other policemen) and was pushing me around was addressing me rudely. I told him to be nice because there was absolutely no reason for him to be so rude and vulgar. As he was turning me to search me he was very rough and extremely rude.
He then asked me about my ethnic origin. I refused to say it and told him it is irrelevant. He didn’t stop. Despite my saying I did not want to say it he kept asking me. And when I didn’t answer he said you’re an Arab – and kept repeating it in a disparaging, sick way, as though he was getting some pleasure out of calling me an Arab and he continued by saying, verbatim “we know you – the police knows you” very clearly implying that not only in his apparently racist mind I was an Arab but that I was a criminal. Well the fact is, I absolutely have no criminal background whatsoever and my record is crystal clear, and they do NOT know me because I had never seen them before, I have no record in their agencies, or anywhere. He was lying, a crude, cold-blooded lie, to put me down because he thought I am an Arab !!
I wrote this down exactly as it happened once he stopped his abuse.
I was quiet and was just writing in my notebook as we waited for the couple of policemen who went to find out if the road I was on was private or public – it took them about 20 minutes to do that and the road was a 2 minute walking distance away. Of course they concluded the road was public and I had every right to be there.
Meanwhile, Betschart came to me out of the blue as I was writing, in a provocative, rude tone, and said, “what’s your problem?”
I asked him to clarify his (out of place) question. His question was clearly an attempt to provoke me into an argument with a bunch of police officers standing around! I stayed calm.
It appeared that he felt insecure psychologically when I “pushed back” (to his stupid, provocative question of “what’s your problem?” -- which he said only because I was writing down everything and he apparently felt insecure that I am writing the facts, because the facts were not to his favor -- I was recording everything including the misconduct, in my paper notebook) and he lied again, saying, "oh, I mean, do you have any health problems". Again, a question that had nothing to do with him or anything – there were no signs of anything health related for him to be concerned. His aim was only to harass me. I felt most harassed by his repeatedly calling me an Arab and implying that I had a criminal record because he thought I was an Arab – which I am not -- and I absolutely have no criminal records anywhere in the world.
Philipp Betschart seemed upset that they were not able to find anything against me. Even after an extensive search he still went and searched my gloves and my keys and asked the most unintelligent question: he showed my key chain to his colleagues saying what is this? And they answered him – it’s a pen holder. Yes, I’m a writer and I carry a pen with me always. I wrote down the account of what happened on the spot. He went on obsessing about my gloves. Early March 7 pm in Aargau is cold enough for light gloves and I play classical guitar so I often wear gloves to protect my nails. And it's none of his business if I wear gloves or not.
Once he saw me taking notes he tried to use language as an excuse but the fact of the matter was Mr. Zeder spoke fluent English – and I understand high German and can speak basic conversation – even Betschart said some clear English statements which were lies that he said, with a harassing tone - upset that this "foreigner" was 100% lawful - a big disappointment for his racist mindset.
2. Philipp Zimmermann, who seemed to be the leader of the group though I am not 100% sure of this – I checked him name against his Twitter photo and I believe it was him. If not it’s one of the others. He sat in front of the car as they drove off – he took notes – made the calls – and walked with me 40 meters away to my home to check my ID.
Entering the main door of the house was not a problem. But while I came in the unit to get my ID he entered my unit – his feet were inside my unit – and I had not allowed him to come in. I felt my space and rights had been violated by his entering my private space without my permission.
There was no excuse for him to do so. I showed him my ID within seconds of entering the unit. And there was no cause whatsoever of any suspicion.
I contacted Oberst Michael Leupold, chief of police of Canton Aargau the same evening via email and the police department’s lawyer (lic. iur. Marc Wenger, DVIKAPO) contacted me the next morning. He later provided me with the names of the police officers involved. I wrote down Mr. Betschert’s name on the scene but Mr. Zimmermann I wasn’t sure of his name. I also contacted a lawyer, and also informed the mayor of Baden who is a friend.
I suffered a great deal as a result of this mistreatment, the abusive behavior of Philipp Betschart, and the violation of my privacy by Philipp Zimmermann. I hope that they will be punished for their violation of my rights. And I sincerely hope nobody else is ever subjected to what I went through.
The other two police officers, Marc Hunziker, and Markus Nünlist, who seemed younger and more junior, were polite and professional and didn’t exhibit the kind of aggression and prejudice which Philipp Betschart exhibited. Andreas Zeder was decent. He asked me if I was upset while I was writing. I said yes, and pointed to Philipp Betschart as a main cause but did not elaborate on it because it is unwise to argue with police officers.
REZA GANJAVI
~~~
This is the letter I sent to the woman who lied and made the false report:
12 April 2014
Fr. <>
<>
5430 Wettingen
<>
Dear Frau <>:
On 27 March 2014, you made recordings of me without my permission. You further informed me that your street is private while it is indeed public. I was not on your property and had every right to be on <street name>, 5430, Wettingen, which is a public road. The police which you called came to the same conclusion as I did and found absolutely no wrongdoing on my part.
However, the recordings (meaning, photo, video, audio) you made without my permission were illegal and a violation of my rights. Therefore, I hereby ask you to promptly delete all copies including any backups or duplicates of all recordings you made from me, including any photos, videos, and audio recordings, from your phone, and any other magnetic, optical, or other forms of storage you may have saved the recordings.
I have spoken about this to both the city and canton police and a very good Swiss lawyer. I have not yet filed a formal complaint against you but will have no choice but to do so, and to take legal action against you, should you not comply with this request, . What I am proposing is the quickest and cheapest way to resolve this issue for you.
Please confirm that you have complied with this request and removed ALL copies of ALL photos video and audio recordings you made from me on 27 March 2014, via email, to <email> within 10 days of receiving this letter. I will send your response to the police for their records and any investigation of these unauthorized recordings they may conduct.
Thank you for your cooperation.
Regards
Reza Ganjavi
<>
She immediately complied and sent the confirmation. I absolutely could have sued her but I was happy with a peaceful resolution which is always my preference.
~~~
Local Police Lead Lied
I filed a complaint against two of the policemen. The Wettingen lead policeman was polite but he gave me ignorant wrong info. I wrote to him later:
Dear Mr. Zeder
You were on the team which investigated the false alarm in Wettingen on March 27, 2014. As I told you that day I was upset at your colleague because of his totally inappropriate behavior and words, but I didn't want to go into details then because there was no point arguing with five policemen.
I just wanted to tell you that I filed a complained against two of your colleagues but not about you. I felt you are a good human and you respected my rights. You told me that speaking Swiss German is necessary to be a Swiss but that is not a true statement. Also, Swiss citizens are not obliged to carry an ID card. You chose to speak English rather than High German which is understandable as most of my friends feel the same way about High German which is what I have studied and speak.
You got upset when you found out I am Swiss and I don't speak Swiss German. But I don't mind. You're a human and I felt you're a good human, unlike that <racist cop>.
As for the woman, you offered to contact her to delete the recordings. I have written to her and given her 10 days. If she doesn't respond I will ask for your help.
Best regards and thank you for your service to our community.
Reza Ganjavi