Zürich,
19th October 2000/ms
Registered
letter
Criminal Investigation
Department
Mr. Zuend
Zeughausstrasse 11
8004
Zurich |
Advokatur
Gartenhof
Matthias
Brunner
Viktor
Gyoerffy
Claude
Hentz
Barbara
Hug
Peter
Nideroest
Lisa
Zaugg
Barbara
Hug
Lawyer
Gartenhofstrasse
15
P.O.
Box 9819
8036
Zurich
Telefon
01 241 63 62
Telefax
01 241 24 02
MwSt-Nr.
277 373
PC
80-40561-7
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Soulless and Anger: Raid at
Klosbachstreet on 5.9.2000
Dear Mr. Zuend
I have been instructed by above named
Gentlemen to look after their interests. They told me to usually have
had contact with you because of the raid on 5th September 2000, so
i assume You being responsible.
My clients live at Klosbachstreet and
bear all costs since years. The door bell unexpectedly rang one morning
briefly after 8.00 a.m. on 25th August 2000. Two survey engineers
asked for enter to mark a spot on the roof for the coming erection
of a construction pole.
My clients asked the engineers
to announce their visit written or by phone in future to make sure
that someone will be in the house. One of the engineers assured to
forward this request.
My clients did not hear nothing until
they were torn out of sleep by terrible noise in the morning of 5th
September 2000: The front door was obviously broke open. They heard
voices in the entrance demanding: "Open up, police, or we will
kick in the [2nd apartment] door." The door immediately
broke open. Approx. eight to ten Turicum police officers and three
undercover officers forced their way into my clients apartment and
put them up to the wall.
On my clients question for a search warrant they got the reply: "We
do not need no search warrant."
My clients were forced to stay
permanently guarded in the living room, while the other police officers
faned out in the house. Not until my clients request one officer standing
around admitted to have instruction to guarantee access for the construction
workers.
Police packed in several
items in the apartment. Despite my clients demand no confiscation
protocol was drawn up. One officer took photos in the living room
and in the adjoining work room.
My clients had to show their IDs. Police
took the press ID of Anger and the passport of Soulless with them.
My clients were allowed to dress approx. one hour later. All officers
left the house soon afterwards. The two construction workers had erected
the pole on the roof in the meantime.
Three police officers returned
to Klosbachstreet approx. two hours later not only to hand out my
clients IDs, but to force entry to the house again with the comment:
"To take some more pictures". My clients were hold in the first
floor while one officer took pictures upstairs. When one of my clients
took photos himself, the film was instantly confiscated against receipt.
My clients found out that Corporal Honegger was the leader of the
police action.
Four police officers dropped in again
at Klosbachstreet to return my clients photo film developed by police
and a confiscated videotape as well on Sunday evening 10th Septmeber
2000. My clients got these items back against receipt. On their question
for the other confiscated goods they got Mr. Honeggers reply having
them forwarded to the task force "blaze and attempts" [of criminal
investigation department].
My clients got to know on 13th September
2000 that the whole police action was carried out because the owner
of Klosbachstreet asserted my clients having denied access for the
construction workers. This is clearly incorrect.
My clients could get back two nightsticks
on 27th September 2000. The rest [of the confiscated goods] landed
in the waste disposal of the office cleaners. My clients also got
three police photos of a collage on a wall in their living room. The
photos of the construction pole stay as proof at the police. More
photos were not taken [Mr. Zuend said].
These facts are proof of my clients very
correct behaviour, already at the first unexpected visit of the survey
engineers on 5th August 2000. It is also self-evident that my clients
are free to take pictures in their apartment.
I ask You to utter concearning the legal
basis of police action on 5th September 2000 and particularly on:
1. search without search warrant;
2. taking with IDs;
3. taking indoor photos and develop the
film;
4. confiscation of several items;
5. not drawing up a confiscation protocol;
6. confiscation of the film on occasion
of the second visit on 5th September 2000;
7. the damage to the sticker on the mail
box.
Moreover I ask You to send me the files
for attention.
Yours faithfully
Lawyer B. Hug
[signature]
Copy of power of attorney enclosured
Copy for advise to:
Head of City police Zurich, police barracks, 8004
Zurich
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