Laya-Alama Condé dies

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The death Laya-Alama Condé occurred at the turn of the year 2004/05 in Bremen after the from Sierra Leone originating asylum seekers Laya-Alama Condé (1969 to 2005) on suspicion of drug trafficking by the police Bremen in police custody had been taken. He began with the forcible administration of emetics to Laya-Alama Condé in police custody on December 27, 2004 and ended with his death in a Bremen clinic on January 7, 2005. The death and the subsequent criminal trials were discussed nationwide. The state of Bremen stopped the forced use of emetics after the death.

Laya-Alama Condé

The following biographical information on Laya-Alama Condé (also called Laye-Alama Condé ) is contained in a brochure published in 2014 by the Bremen police on the death of Laya-Alama Condé. There the "representative of the secondary prosecution (Ms. Maleika)" is given as the source.

“Laye-Alama Condé was born in 1969 in the city of Kabala in Sierra Leone . In 2001 he came to Germany. He applied for asylum in Hamburg . He was assigned to the city of Bremen to carry out the asylum procedure. His asylum application was denied. From then on he lived with a " Duldung " in Germany. [...] Mr. Condé lived in the asylum seekers' hostel in Bremen- Osterholz [...] for the entire duration of his stay . His residence status, the “Duldung”, meant that he did not have a work permit . In the case of a specific job offer, he would only have been allowed to accept this with the approval of the immigration authorities and only after a so-called " priority check " by the employment agency . Laye-Alama Condé had good contact with two cousins ​​living in Hamburg, whom he also visited there. Since he in Bremen as "applicant waiting" residence subject was, he had one for each of these visits visitor's permit required. He was inspected once or twice in Hamburg without such a permit. Because of these violations of the residence obligation, there were administrative offense proceedings against him. Laye-Alama Condé's cousins ​​describe him as a reserved, quiet person who was interested in politics and liked to discuss with his roommates in the home, where he is said to have mostly been. The mother Laye-Alama Condés, who appeared as a joint plaintiff in the proceedings against the doctor, now lives in Guinea […]. Condé's father has died. His only brother, who attended the first hearing in Bremen with his mother in 2008, has also died in the meantime. "

- Brochure of the Bremen police on the death of Condé (2014)

Use of emetics against Laya-Alama Condé

Night scene in the Bremen “ Viertel ” at the Sielwall crossing

Because he was suspected of having illegally traded cocaine , the unpunished 35-year-old Condé was provisionally arrested by two police officers on December 27, 2004 at 12:10 am at the Sielwall crossing in Bremen's " Viertel " and taken to the police headquarters in Bremen- Vahr brought. The police saw swallowing movements and assumed that Condé had swallowed drugs (so-called body packing ). A police officer then ordered the excorporation (taken from the body ) of the drugs in accordance with Section 81a of the Code of Criminal Procedure, which was prepared by Igor V. around 1:10 a.m. Igor V. worked for the medical evidence collection service , a private branch of the Institute of Forensic Medicine. Before the excorporation, Condé was examined. "The physical examination performed while standing using a stethoscope and a blood pressure monitor lasted five minutes and did not reveal any abnormalities in breathing, circulatory or nervous systems."

At that time the excorporation often took place in Bremen by administering ipecacuanhas syrup . Other federal states had never used this method because of various concerns or had stopped it after the death of Achidi John . The Bremen citizenship also debated the case. The Greens asked to end the practice of emetics; the application was rejected.

Contrary to his announcement, Condé did not take the emetic and water he was given on his own. Therefore Condé should now forcibly be administered the emetic ipecacuanhas syrup via a nasogastric tube . Condé was tied up by the police : his hands behind his back with handcuffs , his feet with a cable tie . On the examination chair, Condé was connected to a measuring device for monitoring the vital signs - oxygen saturation in the blood, blood pressure and pulse , and a venous cannula was placed. By moving his head, Condé tried to prevent a 70 cm long tube with a gastric tube from being inserted through his nostril, which is why a police officer pressed Condé's head against the backrest. At about 1:30 pm, the continued nausea one. "[Condé] did his best to suppress it, keep vomit in his mouth, swallow it again and only let the choked water escape through his clenched teeth [...] '." A cocaine pellet was probably washed out through a gap in his teeth. The feeding tube had to be re-inserted at least once. “After [Condé] had vomited three or four times while the [doctor] was constantly being supplied with water, his resistance gradually waned, he apparently became more apathetic, until he finally seemed 'unresponsive' and at least no longer responded to speeches. However, this change in condition alone did not trigger any recognizable concern in the accused and did not prompt him to stop the water supply ”. “As a result of [Condés] continuous efforts not to allow vomit to escape to the outside, [...] in the course of the fluids crossing each other during vomiting and re-swallowing, water entered [Condés] airways, which leads to a reduction in lung function and an impairment of the oxygen supply to the organism led. The [doctor] and the police officers were of the opinion that [Condé] would only simulate a physical collapse or loss of consciousness in accordance with the behavior observed earlier by other victims from Africa in order to terminate the measure. "

At around 1:50 a.m., the control device showed a deterioration in the oxygen saturation value and finally none at all. The doctor assumed a defect. But even after replacing the finger sensor, no oxygen saturation value was displayed. White foam also came out of Condé's mouth and nose. The doctor left the room and instructed the guard at the gate to alert an emergency doctor , which happened at 1:54 a.m. by notifying the fire department . Shortly after 2:00 a.m., two paramedics were on site. Condé was still in the chair, hands and feet handcuffed. The paramedics arranged for the handcuffs to be removed and Condé to be placed on his back. A stabilization of the vital parameters was indicated by 2:06. The ambulance did not share the impression that Conde was only simulating. Furthermore, he did not believe that Condé should be hospitalized. Igor V. wanted to continue the gastric lavage and asked the ambulance to stay and use his measuring devices. The ambulance turned to write his mission report. Condé was not physically examined again, and between 2:10 and 2:15 am the excorporation was resumed under duress (Condé tried again to prevent the insertion of the probe by moving his head, which is why his head was fixed again). Condé, whose "mental responsiveness [...] was restricted and his consciousness clouded", tried again to filter the vomit through his teeth. Condé vomited several times, with two more pellets being secured, he became increasingly tired and “fell again into passivity and lethargy and finally showed no more reactions to what had happened. At the same time, the urge to vomit decreased noticeably and finally subsided. ”To induce further vomiting, Igor V. worked mechanically into the pharynx with tweezers and a wooden spatula , whereby a fourth pellet was secured. At 2:36 a.m., a breathing rate of only three breaths per minute and a heart rate of 34 heartbeats per minute were measured at Condé . The emergency doctor tried to give artificial respiration to the unconscious Condé and pumped the water out of his throat. Intubation began at 2:40 a.m. , before Condé was brought to the clinic at 3:12 a.m. Lung edema and brain damage were later found there.

Condé died on January 7, 2005 in the St. Joseph-Stift in Bremen of " cerebral hypoxia as a result of drowning after aspiration with forced vomiting." "An undetected cardiac damage at most contributed to an aggravation and acceleration of the hypoxic process." "The four backed beads weighed 402 mg and had an active ingredient content of 33% off. "the autopsy was (20 € each commercial value), a fifth cocaine beads found.

Criminal trial against Igor V.

At the end of April 2006, the Bremen public prosecutor brought charges against the doctor Igor V. ("41 years old at the time of the crime").

The trial began in April 2008 before the Bremen Regional Court on charges of negligent homicide , chaired by Bernd Asbrock. The lawyer for the joint plaintiffs (Condé's mother and brother) was Elke Maleika. At the end of the trial, after 24 days of negotiations, both the prosecutor and the defense pleaded for acquittal. The accessory prosecution moved for a conviction. The court acquitted V. on December 4, 2008. The acquittal was justified by the fact that V. had made objective mistakes that were the cause of Condé's death, but that he was "overwhelmed by lack of experience". It was not possible to prove to him that he acted negligently.

The lawyer of Condé's family appealed to the Federal Court of Justice (BGH). This overturned the judgment on April 29, 2010 (AZ .: 5 StR 18/10), because the assessment of the evidence by the regional court “failed to observe all legal standards to be included in the assessment”. The press release states: “[For the revocation of the acquittal] it was decisive that the regional court did not assess the findings made under all professional due diligence obligations concerning the defendants. For example, the defendant did not inform the person concerned about the health risks associated with the forced use of emetics and, after an initial faint, continued to act under inhumane circumstances. The inexperienced defendants, who are overburdened with such an intervention, are also at fault for takeover, which could not be remedied by breaches of duty by third parties (emergency doctor, organizers of the evidence security service) that also caused death. These are - so far unmolested - secondary perpetrators. The 5th Criminal Senate also assessed the considerations as incorrect in law, on the basis of which the regional court had denied a subjective breach of duty by the defendant due to the presence and (limited) participation of the emergency doctor. ”The case was referred back to a jury chamber of the regional court.

In the renegotiation at the Bremen Regional Court in 2011, the public prosecutor applied for a nine-month prison sentence for negligent homicide and willful assault , which should be suspended on probation; the defense pleaded again for an acquittal. The court acquitted V. on June 14, 2011 (again) because it considered Condé's heart defect to be the cause of death. After the revision of the secondary action, the Federal Court of Justice (again) overturned the judgment on June 20, 2012 (AZ .: 5 StR 536/11).

The third trial began on April 9, 2013, chaired by Barbara Lätzel. V. expressed "great regret" about the death in which he was "hard to bear" and which broke his marriage. He also stated that he received psychiatric help. The trial was discontinued in early November 2013, on condition that the defendant V. pays € 20,000 to the mother of the victim. V. was in inpatient psychiatric treatment, also due to the length of the proceedings. It was not foreseeable whether he would have been able to negotiate again .

Further procedures

Condé's mother received € 10,000 compensation from the state of Bremen .

An investigation against the emergency doctor has been set.

The former mayor of Bremen Henning Scherf was summoned as a witness in September 2013 in the third trial . Since he did not appear on time, a fine of 150 € was imposed on him. The presiding judge reached him by phone; Scherf then appeared in court. He stated that he had only returned from a sailing tour in Greenland that night and had not noticed the move from 1 p.m. to 9:15 a.m. According to the Frankfurter Rundschau , this was untrue. He had been back in Germany for several days and on an election campaign tour there. He is also said to have been informed about the relocation in good time. The public prosecutor's office in Bremen then investigated him on suspicion of undecided false testimony . Against payment of 5000 € to a charitable cause, the proceedings should be discontinued.

Work-up

In September 2013 the managing director of the SPD parliamentary group, Frank Pietrzok , wrote a letter to the initiative in memory of Laye Condé , in which he “expressed his condolences to the family and friends of Condé and described the use of emetics as an unworthy practice. Not having quit it after Achidi John's death in 2001 'turned out to be a bad mistake' in retrospect. ”Laya Condé's brother, Bangaly Condé, stated in an interview in early January 2014 that he had not received an apology from the government. Bremen's Senator for the Interior Ulrich Mäurer and Police President Lutz Müller apologized in 2014 for using the emetic. The Bremen police wanted to learn from the mistakes. On January 3, 2014, a brochure was published by the Bremen police, which is intended to serve as "illustrative and training material for police officers".

“'For us the end does not justify the means [...]. Under police custody, no person may be killed or sustainably harmed, even if the use of force is legitimized. Müller wants '... that we and the following generations of police officers deal with the death of Laye-Alama Condé and the circumstances surrounding it in a serious manner, free of reproach and prejudice' "

- Lutz Müller as the star is reproduced

"As a warning, [Müller] even hung up a portrait of the killed street dealer in his office." Mäurer is quoted as saying "I deeply regret the death of Laye-Alama Condé".

“The details of that night leave us stunned. Why did none of those involved intervene in time? A question that for me remains unanswered to this day. "

- Ulrich Mäurer in the Bremen police brochure on Condé's death

On the 11th anniversary of Condé's death, January 7, 2016, actors from the Theater am Goetheplatz commemorated Condé's death. There are considerations to erect a memorial to the death.

Since February 2018 an installation in front of the ticket hall of the Theater am Goetheplatz has been commemorating Condé's death as a “mobile memorial”.

In 2010 Verena Jahnke shot the 20-minute short film "Rausch", for which she won the German Human Rights Film Award. The initial situation of the film is based on this case, but the plot is shown in a dramatized manner (death on the same night).

Henning Scherf

According to information in the taz from 2013, Scherf had never apologized or shown remorse because of the emetic practice. In January 2017, Scherf said in the customer magazine of the Allianz insurance group : "I feel guilty that I made the death of this person possible or at least justified this procedure". In an interview with the Weser-Kurier that appeared shortly afterwards , Scherf went into more detail. It is a heavy burden on him that “at that time, in my area of ​​responsibility, a person died in police custody”. His government wanted to "protect children and young people from drug dealers at the time," but dealers are also worthy of protection. He had "not slowed the use of emetics" because he thought it was uncomfortable, but it was part of it. “But the end does not justify the means. I want to accept this guilt that has been repressed again and again. ”Scherf called his appointment at court in September 2013“ failed ”. He “didn't take the court date seriously at all.” Scherf went on to say: “I wasn't at all prepared for this court date, I idiot almost messed up the appointment. I thought I could do it like that. I am really blinded into it, very reckless. Because I probably wanted to suppress the death of Laya-Alama Condé. "

literature

  • Ulrike Bendrat (journalistic research and texts); Rose Gerdts-Schiffler (Red.): The death of Laye-Alama Condé . Ed .: Lutz Müller . Police Bremen , Bremen 2020 ( online [PDF; 312 kB ] The brochure was published in early 2014.).

Web links

Individual evidence

  1. ↑ a b c d e f g h i j k l Eckhard Stengel: false statement in court. Frankfurter Rundschau , May 9, 2014, accessed on May 23, 2016 .
  2. ↑ a b c d e f g h i Police doctor acquitted after using emetics. Die Welt , June 14, 2011, accessed on May 23, 2016 .
  3. ↑ a b Court pronounces judgment in the emetic trial. Frankfurter Neue Presse , June 14, 2011, archived from the original on May 23, 2016 ; accessed on May 23, 2016 .
  4. ↑ a b c d e Markus Saxinger: Laya Condé died five years ago. taz , January 9, 2010, accessed May 23, 2016 .
  5. ^ A b c Gisela Friedrichsen : Trial in Bremen: Ex-Mayor Scherf defends the use of emetics. Der Spiegel , November 2, 2013, accessed on May 23, 2016 .
  6. ↑ a b c d e Kerstin Herrnkind: Late regret. stern.de , January 3, 2014, accessed on May 25, 2016 .
  7. ↑ a b c d e Ulrike Bendrat (journalistic research and texts); Rose Gerdts-Schiffler (Red.): The death of Laye-Alama Condé . Ed .: Lutz Müller . Police Bremen , Bremen 2020 ( online [PDF; 312 kB ] The brochure was published in early 2014.).
  8. ↑ 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 5 StR 18/10. Federal Court of Justice , April 29, 2010, accessed on May 23, 2016 .
  9. ↑ a b c d e f g h i j k Kerstin Herrnkind , Bettina Sengling: Protocol of a torture. stern.de , April 8, 2013, accessed on May 25, 2016 .
  10. ↑ Kerstin Herrnkind : Politicians in the dock . stern.de , April 8, 2013, accessed on May 25, 2016 .
  11. ↑ Marco Carini : classified information about emetic death. taz , February 14, 2002, accessed May 24, 2016 .
  12. ↑ Jean-Philipp Baeck: No excuse for torture. taz , September 16, 2013, accessed May 24, 2016 .
  13. ↑ Communication from the press office No. 86/2010. Federal Court of Justice , accessed on May 23, 2016 .
  14. ^ A b Christian Jakob : acquittal for the police doctor. taz , December 5, 2008, accessed May 26, 2016 .
  15. ^ Message from the press office No. 94/2010. Federal Court of Justice , accessed on May 23, 2016 .
  16. ↑ Communication from the press office no. 95/2012. Federal Court of Justice , accessed on May 23, 2016 .
  17. ↑ a b c Eckhard Stengel: Police doctor regrets death while using emetics. Frankfurter Rundschau , April 9, 2013, accessed on May 24, 2016 .
  18. ↑ a b Consequences for Henning Scherf. taz , January 6, 2014, accessed May 23, 2016 .
  19. ^ A b c Jean-Philipp Baeck: In the end, no judgment. taz , November 2, 2013, accessed May 23, 2016 .
  20. ^ A b Jean-Philipp Baeck: Follow-up for Scherf. taz , November 4, 2013, accessed May 26, 2016 .
  21. ↑ a b Bangaly Condé in an interview with Jean-Philipp Baeck: “We have not received an apology”. taz , January 6, 2014, accessed May 26, 2016 .
  22. ↑ Heinz-Peter Petrat: commemorating Laye Alama Condé. Weser Kurier , May 26, 2016, accessed on January 8, 2016 .
  23. ^ Jean-Philipp Baeck: Condé monument on the way. taz , May 26, 2016, accessed January 5, 2015 .
  24. ↑ Bremer Theater commemorates the death of Condé , deutschlandfunkkultur.de, published and accessed on February 5, 2018.
  25. ↑ Use of emetics with fatal consequences. Mobile memorial commemorates Laye-Alama Condé in Bremen , deutschlandfunkkultur.de, broadcast on February 8, 2018, accessed on February 9, 2018.
  26. ↑ Eckhard Stengel and Vera Jansen: Death of a dealer does not leave the mayor in peace. haz.de , January 2, 2017, accessed May 19, 2017 .
  27. ↑ Henning Scherf interviewed by Sara Sundermann: Henning Scherf now accepts the guilt. Weser Kurier , January 9, 2017, accessed on May 19, 2017 .