Kiomars Javadi

Kiomars Javadi (actually Kiumars Baba Abdollah ; 1967 in Share Rey , Tehran - August 19, 1987 in Tübingen ) was an Iranian citizen . He died of strangulation in the course of an argument with two employees of a Tübingen supermarket.

Life

Kiomars Javadi came to West Germany as a political refugee from Iran and had applied for asylum. Javadi sought refuge in the Federal Republic from political persecution in his home country. He feared he would be hired by the regime's recruiting squads as a soldier for the Gulf War . He fled to the Federal Republic of Germany with a forged passport and applied for political asylum. As an asylum seeker , he was assigned accommodation in the former Thiepval barracks on Schellingstrasse in Tübingen.

Javadi's wife was legally recognized as a person entitled to asylum after the death of her husband. What she and her husband had tried several times before, succeeded very unbureaucratically after the deed: she was released from compulsory living in the camp and was assigned her own apartment by the social welfare office.

death

On August 19, 1987, Kiomars Javadi visited the pancake chain's supermarket in Tübingen's Karlstrasse, which no longer exists . A few hours before the supermarket visit, Javadi had already been to the pancake branch. He tried to steal two bottles of shampoo, which a saleswoman noticed and ran after him. After some hesitation, he handed over the shampoo bottles and said, "Don't be angry" and stroked her cheek.

On his second visit, Kiomars Javadi tried to maneuver a shopping cart filled with goods worth 54.40 DM through the back door, but was caught by a saleswoman. He left the shopping cart and went to the cash register to pay for two cans of beer. There it was provided by the branch's butcher and was also supposed to pay for the goods in the shopping cart, including fresh meat from the meat counter. Javadi tried to explain that he had nothing to do with the parked car. This led to an argument. As a result, according to eyewitness reports, Javadi was grabbed from behind by one of the supermarket employees and dragged into a basement room. A customer and eyewitness who had stood in front of Javadi at the cash register later testified. At the prosecutor's office, she said: “You didn't let the foreigner have a say. They grabbed him from behind so that his feet could no longer reach the ground and carried him backwards against his will. "

An employee later stated that he had "handled properly" a rubber stick ; later the police found a rubber bat in the dumpster of the supermarket. In the basement, Javadi was apparently able to get free by biting an employee's finger.

Javadi fled to the backyard of the market on Wöhrdstrasse. There he was stopped by three supermarket employees around 5 p.m. Javadi was packed and brought to the ground with the help of the store manager. Those involved held him face down. The 18-year-old apprentice held Javadi in a stranglehold while the store manager twisted his left leg. Javadi was held in a stranglehold for 18 minutes. This procedure happened in front of the eyes of several uninvolved observers.

According to the responsible medical examiner Volker Schmidt, Kiomars was dead after four to six minutes. After 18 minutes, police officers arrived and handcuffed the dead man until he was taken to the ambulance. The emergency doctor Warth reported: “The finding on acceptance was that the patient had large, light-rigid pupils . There was cardiac arrest , respiratory arrest . He was already clinically dead. "

Pfannkuch paid 50 D-Mark “ catch bonus” for catching a shoplifter. The premium was collected directly from those caught. The trainee involved cleared up 19 such thefts in his first year of training. Twelve of those arrested were asylum seekers. After a tussle with two escaping Ghanaians, the trainee bought a rubber stick and kept it to hand during his working hours.

process

In the trial, which took place at the Tübingen Regional Court in 1988 , Javadi's wife Marjan appeared as a joint plaintiff. The public prosecutor's office followed the stated motive of “preventing shoplifting”.

After three days of negotiations, the perpetrators on 30 June 1988 were sentenced to prison terms of 18 months each, which for parole have been suspended. In his ruling, presiding judge Rolf Dippon relied on a precedent . A police officer had killed a youth in a stranglehold and was also almost unpunished. "Regrettably, the victim's behavior contributed significantly to the unfortunate act," said Dippon, noting: "Both defendants were overwhelmed by the situation." As a mitigating factor for the apprentice, Dippon considered that the latter was "only the interests of his employer" in the act have followed.

One of the defendants, like the co-plaintiff, appealed against the judgment of the Tübingen Regional Court to the Federal Court of Justice . The BGH overturned the judgment on March 28, 1989 and referred the matter to the Stuttgart Regional Court for a new decision . The BGH found that the defendants acted willfully. However, the judgment of the Tübingen Regional Court is contradictory in its findings, since the reasons for the judgment did not reveal whether the defendants in the specific situation in the sense of an allegation of negligence could recognize that their actions led to the death of the injured Javadi or not. The BGH also stated that the cyanosis of the face and scalp caused by the stranglehold was difficult to recognize for the perpetrators due to Javadi's dark skin color. This also made it clear that the defendants could provisionally arrest Javadi under Section 127 (1) StPO. The defendants had tried to do so initially by being held in the office (with simultaneous notification of the police) and, after he tried to escape using considerable physical force and with considerable persistence, were allowed to hold him under duress.

Reactions

In Tübingen an “Action Committee against Racism and Xenophobia” was formed. The committee organized a spontaneous demonstration. Over 2,000 people attended a funeral procession for Javadi. Vera Gaserow wrote in the daily newspaper (taz): Had Kiomars Javadi "not been a foreigner", the suspicion of theft "probably would not have meant his death". After the trial, Christian Gampert wrote in Die Zeit : “Why the everyday bagatelle of shoplifting escalated into a fight to the life and death will probably no longer be clarified after this trial. A judge who didn't inquire. Defense lawyers who immediately sued 'Central European manners' in the smallest dispute, but at the same time rejected any suspicion of xenophobia - also on behalf of their clients. "

In 2017, a demonstration in Tübingen called for an anonymous corner behind the German-American Institute to be named after Kiomars Javadi.

At events organized by Tübingen human rights groups such as the Asylum Working Group and others, the refugee Kiomars Javadi, who died in his own city, is remembered again and again. The Tübingen cultural center Epplehaus commemorates the anniversaries of Javadi's death.

Movie

• 18 minutes of moral courage , directed by Rahim Shirmard, Germany 1991

Individual evidence

1. ↑ ^{a b} Rahim Srhirmahd: Racism made in Germany (FRG) from 1980 to 1990. Dossier. Racism is opium for the people. DemocracySpiegel.de, accessed on December 9, 2017 . 
2. ↑ ^{a b c d} SHOP THEFT: Death in vain . In: Der Spiegel . tape 36 , August 31, 1987 ( spiegel.de [accessed November 29, 2017]).
3. ↑ ^{a b c} vera gaserow: The "negligent" strangulation of the asylum seeker J. In: The daily newspaper: taz . July 4, 1988, ISSN  0931-9085 , p. 8 ( taz.de [accessed November 30, 2017]).
4. ↑ ^{a b c d e} Christian Gampert: Shoplifting: "He's still panting" . In: The time . November 22, 2012, ISSN  0044-2070 ( zeit.de [accessed November 30, 2017]).
5. ↑ ^{a b c d e} Unforgettable: The Death of Kiomars Javadi | Epplehaus. Archived from the original on December 1, 2017 ; accessed on November 29, 2017 (German). 
6. ^ LG Tübingen, judgment of June 30, 1988, file number: II KLs 7/88
7. ^ Federal Court of Justice, judgment of March 28, 1989 - 1 StR 704/88 -, link to Jurion.de
8. ↑ Monday demo commemorates killed Kiomars Javadi . In: Schwäbisches Tagblatt online . ( tagblatt.de [accessed November 30, 2017]).
9. ^ Vigil and demo for a refugee who was stabbed to death in Dresden . In: Schwäbisches Tagblatt online . ( tagblatt.de [accessed November 30, 2017]).
10. ^ Rudolf Sedlmeier: Landesmediendienste Bayern eV - media for educational work. Retrieved November 30, 2017 .