Cologne police scandal

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The events surrounding the police operation on May 11, 2002 and the associated death of Stephan Neisius († May 24, 2002 ) are referred to as the Cologne police scandal (and later the Cologne police trial or Cologne police trial ). Dominik Cziesche described the Cologne police scandal as "one of the biggest police scandals in the republic" in Spiegel magazine . The incident took place in an office in the business area of ​​the Cologne police headquarters .

Stephan Neisius

In 1990, at the age of 18, Neisius was diagnosed with schizoid psychosis . He fled the psychiatry and attempted suicide by jumping from the 7th floor , which he survived injured. Because of the injuries, Neisius could not finish his training as a carpenter , was unable to work and was dependent on welfare . In his free time he was a bass player and was involved in "a club and theater project in Cologne". He also regularly consumed cannabis .

After the father's death in 1990, his eight years older brother Bernd became a father substitute for Stephan Neisius. He continued to live with his mother Gertrud in downtown Cologne (Roonstrasse) and was unemployed . According to witness statements, he was said to have been violent towards his mother.

In May 2002, those around him noticed a change in Neisius' behavior: "He was very aroused, quickly became loud, wouldn't let anyone touch him. Much indicated a psychotic attack after thirteen years." The band Cornershop offered him to make recordings in their studio in London. His mother wanted Stephan Neisius to finish the treatment of his thrombosis first , which is why he and his mother got into an argument on May 11, 2002. A neighbor who was worried about her mother called the police about disturbance of the peace , and they arrived at around 10 p.m. with four officers on site. During this time, Stephan Neisius smashed glass doors with a hockey stick . According to Der Spiegel , he "[...] took drugs that evening ."

Police operation

According to the Cologne city gazette, "[...] nothing has been heard from the mother [...] for a long time" when the police asked to open the door. Stephan Neisius refused and stated that his mother was in bed. His mother later said in court regarding this refusal: "'I also didn't see what the police were supposed to do [...]. The argument was long over.'" The four officers broke open the door and stormed Stephan Neisius under Use of pepper spray , which apparently had no effect, too. The mother told the police that her son was sick, but was ignored. Stephan Neisius was thrown to the ground and handcuffed and arms. He is said to have bitten police officers beforehand and later defended himself with blows and kicks. He is also said to have thrown a hammer. On the stairs from the fifth floor to the outside, the 1.70 m tall and 100 kg heavy Neisius "slips away" from the police officers "[...] up to six [...] times" because of their resistance. A policeman who cut himself in the apartment was taken care of by a paramedic .

"In the radio logs, Stephan Neisius is described as a 'madman' who acts like crazy and shouts confused things like 'I am Jesus'." On the way to the station, Neisius is said to have been beaten by the police chief Lars S. When he arrived at the Eigelstein police station , he was taken to a cell. Two police officers, who witnessed the further events, reported "'Defenseless, handcuffed and handcuffed, the victim was beaten and kicked by several officers' [...].' They dragged him by the feet into a cell and continued to beat him The daily newspaper writes: “A little later he is lying in a pool of blood.” Guard service supervisor Günter K. then called an ambulance which brought Neisius to the St. Marien Hospital in Cologne . When Neisius wanted to take blood there , he suffered a cardiac arrest , was reanimated , fell into a coma and died in the University Hospital Cologne, according to the public prosecutor's office on May 24, 2002. An expert opinion came to the conclusion that "the cause of death is a brain edema caused by cardiac arrest." Another expert opinion concluded that "'police Coercive measures with the cause of death '[...] could have been. "The treatment by the hospital was criticized by the judge as" inappropriate ", as was the expert . Doctors found hematomas on Neisius' body and a shoe sole print on his face.

Five of the officers had previously been investigated on suspicion of bodily harm in the office.

Legal consequences of the police operation

"One officer" witnessed the beatings and kicks, reported them to their supervisor the next day and reported their colleagues. The two police officers were investigated for failure to provide assistance . It was said about the 32-year-old police officer Alexander G. that he himself should have struck. There were doubts about the statements of the key witnesses , for example one of the witnesses is said to have been in an adjoining room and could not have seen the beatings. The court did not doubt the credibility of the witness statements that they were "'differentiated as well as detailed'". "According to the testimony of a passerby , [Neisius] is said to have been mistreated by several officers when he was arrested and taken to the police station in a patrol car." Two witnesses report slaps in the face during the transfer from the apartment to the police car. The policeman, who was not on duty because of his cut, is said to have been told by one of the policemen (Matthias L.) that they had "avenged" him.

According to the complaint, Lars S. and Matthias L.'s apartments and lockers were searched on May 14, 2002, clothing was seized and all six officers were suspended on May 13 . Lars S. and Matthias L. were briefly due to an arrest warrant of the Cologne District Court , arrested . They are said to have tried to remove parts of their uniforms. The judge suspended the arrest warrants as there was no risk of flight or blackout . The public prosecutor's office demanded that Lars S. and Matthias L. "be arrested again after a judge had suspended the warrants" because of the risk of blackout that they still felt.

Criminal trial

On June 26, 2003, the trial against the six officials named in the table below between the ages of 24 and 40 for bodily harm resulting in death began before the 11th large criminal chamber of the Cologne Regional Court .

Surname Rank Age annotation
Lars D. Police Chief Master 27 or 28
Dennis G. 28 Was there when it was used in the apartment.
Günter K. Security guard
Matthias (or Mathias) Alexander L. Police Chief Master 24 Was there when it was used in the apartment.
Lars S. Police chief 28 Lars S. joined the police in 1992. He was considered hardworking and "fearless". Since 1999 there have been twelve charges against p. "Mostly for bodily harm" (the taz speaks of "[...] a series of criminal charges for bodily harm in office [...], all of which were discontinued"), one conviction for insult and a disciplinary procedure , which after discussion of disapproval was set on February 25 of 2002. The Cologne District Court issued a penalty warrant against S. for coercion because he allegedly asked a boy to do a handstand and because he replied to a man "who protested against the aggressive tone of the officials" that he should Shut up and "Do you want to go to the hospital or the dentist, you pisser?" "Then S. was transferred to another station. Was there when it was used in the apartment.
Reinhard W.

Stephan Neisius' brother and mother (68) were joint plaintiffs . The presiding judge was Bruno Terhorst. Kirsten Malitz worked as a public prosecutor . According to the Spiegel , over 60 witnesses were summoned, the Kölnische Rundschau spoke of 77 witnesses and 10 scheduled days of negotiations .

According to the public prosecutor Neisius, Günter K. "[...] hit the head with his fist." The other police officers are said to have hit and kicked Neisius while lying on the ground. Günter K. denied having touched a blow and generally Neisius.

"Five of the defendants commented in detail on the allegations. One refused to testify." "But they don't show remorse."

Lars S., "[...] admits in court that he hit Stephan Neisius several times on the legs with his fist. To loosen the muscles so that he can be tied up. [...] And the kick in the Stephan Neisius's buttocks in the cell were said to have been prophylactic: 'He could have turned around and made me fall.' "He accused the key witness of having hit Neisius several times in the face. Lars S.'s lawyer was Eckhard Wölke .

"When [his colleague Dennis G.] saw disposable syringes in the living room, which Stephan Neisius needed to treat his thrombosis, it was clear to him that he was not only dealing with a hysterical rioter, but also with a drug user. His" The greatest concern "was getting infected." This can ruin your whole life, "he explains to the court. The aim was to" break Stephan Neisius' resistance, "and that was only possible" with the most massive force. " When pepper spray was not showing the desired effect either and Stephan Neisius continued to fight back, the officer hit him on the back and in the face. In court he declared: 'I thought he was insensitive to pain anyway.' When asked by the judge whether he had never wondered whether he was dealing with a schizophrenic, the policeman replied, "I didn't think about that. Our primary goal was to secure the situation and protect ourselves. "Like other colleagues, he admitted not having seen other colleagues' punch and kick."

Lars D. said according to the taz : "'I've already thought about whether the evening could not have gone differently and whether I contributed to it with my stroke.' But he immediately restricts: "I had to fend off a blow." During his interrogation by the police, he stated that Stephan Neisius had told the officers that he had taken drugs and painkillers and hadn't noticed anything, and that the police officer had said he was annoyed 'because I had lost control.' He puts the statement into perspective: 'Well, of course it still annoys me today to have hit Mr Neisius. But I had no other choice.' "According to the Frankfurter Allgemeine Zeitung , he said that he punched Neisius twice, um He spoke of fending off kicks and a kick as a distraction. The Kölner Stadtanzeiger reported that Lars D. had hit Neisius after he was spat at by him.

Matthias L. did not comment on the indictment.

The expert Ingo Pedal said "[...] there were no injuries 'that would document severe abuse'". Furthermore, he was of the opinion that the doctors at St. Marien Hospital Neisius should have given sedatives instead of taking a blood sample. "'Then most likely death would not have occurred.' According to Pedal, Neisius, suffering from thrombosis, would have died even without the suspected abuse. "

The public prosecutor's office demanded imprisonment between 14 and 30 months for less serious cases of bodily harm resulting in death .

The six police officers were sentenced on July 25, 2003 "[...] for collective bodily harm resulting in death [...]" to prison terms of between 12 and 16 months on probation. "The presiding judge [...] spoke of a 'chain of unfortunate factors' which had imposed 'certain traits of an accident' on the event and therefore could not be attributed to the accused the behavior of the policemen at the station: "'Kicks and blows to the head pose a fatal risk,' said the judge, thus giving the policemen 'indirect responsibility' for the death of Neisius. The fact that the doctors diagnosed the acute psychosis of the Rioters did not recognize and he could have survived 'with optimal treatment' is not decisive for the criminal liability of the accused. " In the opinion of the court, the behavior in the apartment was lawful.

The defense announced that they would go into revision . The Federal Court of Justice dismissed the appeal in 2004, making the judgments final and the police officers losing their civil service rights.

Civil litigation

At the beginning of January 2006, Stephan Neisius's relatives' claims for damages were heard before the civil chamber of the Cologne Regional Court . The relatives demanded € 25,000 from the state of North Rhine-Westphalia , which was only willing to pay € 10,000 and had paid this sum. Lars Schöler was the lawyer for the relatives . The presiding judge was Reinhold Becker . The court suggested that the country pay a total of € 15,000.

Continue

  • On the instructions of Police President Klaus Steffenhagen , the head of the inner city police station, Jürgen Sengespeik , was transferred to another office; against "[...] a 24-year-old police chief and a 28-year-old police chief [a] dismissal procedure was initiated [...]".
  • Lars S.'s defense attorney lodged an administrative complaint against Steffenhagen, saying that "Lars S. is being prejudiced by indiscretions."
  • The police union called for research into the "causes of the violence [...] and why Lars S.'s propensity for violence was not recognized".
  • The district government of Cologne set up a commission to investigate errors in personnel management .
  • At the end of May 2002 about 500 people protested in front of the Eigelstein police station and shouted "Murderer, murderer".

Individual evidence

  1. ↑ a b c d e f g h i Cologne police scandal: the boss of the beating officers has to go. Der Spiegel , May 28, 2002, accessed January 17, 2015 .
  2. ↑ a b c d e f g h i j k l m "The blows were necessary". Frankfurter Allgemeine Zeitung , July 7, 2003, accessed on August 25, 2014 .
  3. ↑ a b c d e f g h i Cologne police trial: punch as "shock therapy to calm down". Der Spiegel , June 26, 2003, accessed August 25, 2014 .
  4. ↑ a b c d e f g h i j A dead man as a bargaining chip. taz , January 18, 2006, accessed August 25, 2014 .
  5. ↑ a b c d e f g h i j You are guaranteed to step on it. Der Spiegel , June 3, 2002, accessed January 24, 2015 .
  6. ↑ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag ah "Mummy, they'll beat me to death". taz , July 4, 2003, accessed January 17, 2015 .
  7. ↑ a b c d e f g h i j k Use with dire consequences. Kölner Stadt-Anzeiger , May 15, 2002, accessed on August 25, 2014 .
  8. ↑ a b c d Police officers face imprisonment. Kölnische Rundschau , February 12, 2003, accessed on January 24, 2015 .
  9. ↑ a b c d e f g h "The blows were necessary". Frankfurter Allgemeine Zeitung , July 7, 2003, accessed on January 19, 2015 .
  10. ↑ a b c Defendants admit beatings. Kölner Stadtanzeiger , June 27, 2003, accessed on January 23, 2015 .
  11. ↑ a b c d e f g h i j k l Judgment expected in the Cologne beating process. Kölner Stadtanzeiger , July 25, 2003, accessed on January 17, 2015 .
  12. ↑ a b c d e Beating scandal in court. Kölnische Rundschau , June 18, 2003, accessed on January 24, 2015 .
  13. ↑ a b c d e f g July 25: Trial of the beating affair - police officers convicted. Kölner Stadtanzeiger , December 15, 2003, accessed on January 21, 2015 .
  14. ↑ a b c d e f g h i sadness and anger. taz , May 27, 2002, accessed January 24, 2015 .
  15. ↑ a b c d e Cologne police scandal: Now there is talk of revenge. Kölner Stadtanzeiger , June 5, 2002, accessed on January 24, 2015 .
  16. ↑ a b c d e f g h i j k l nickname bastard. Der Spiegel , August 12, 2002, accessed January 24, 2015 .
  17. ↑ a b Cologne police scandal: two officers arrested after attempting to cover up. Der Spiegel , February 25, 2002, accessed January 24, 2015 .
  18. ↑ a b punches and kicks to break resistance. Kölnische Rundschau , June 26, 2003, accessed on January 25, 2015 .
  19. ↑ Police officers lose their jobs. Kölnische Rundschau , July 15, 2004, accessed on January 24, 2015 .