Oliver Neß

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Oliver Neß (* 1968 ) is a German television journalist.

Life

Oliver Neß produced critical broadcasts about the Hamburg police for WDR .

On May 30, 1994, during a demonstration in Hamburg, he got into an argument with the police, during which he was allegedly mistreated by uniformed and civilian police officers. The Hamburg Regional Court determined the facts as follows:

On the day of the day an election campaign event of the " Bund Freier Bürger " took place at Hamburg's Gänsemarkt , at which the Austrian FPÖ chairman Haider appeared as a guest speaker. There were counter-demonstrations and subsequently riots; violence was also perpetrated against intervening police forces. The joint plaintiff had attended the event as a journalist out of professional interest. He got caught in a group of rally participants; People from their circle had just tried to violently prevent a police arrest; while the defendant A. fell to the ground. Immediately afterwards A. noticed the joint plaintiff, who was gesticulating and shouting something. He drove him about eight meters, waving his baton, in front of him. The joint plaintiff did not physically defend himself against this. When the defendant A. hit the shoulder of the co-plaintiff with his hand, he was finally staggered. In this situation the co-plaintiff was brought down by another police officer - the former co-accused M., against whom the opening of the main proceedings was refused. This officer was prevented from arresting the co-plaintiff by troublemakers, and his helmet was torn off his head. A., who became aware of what had happened again after a few seconds in this situation, brought the co-plaintiff to the ground again and tried to hold him, who was merely offering passive resistance, with the help of another colleague. The now added defendant H. wanted to support his colleagues in this. In order to bring the co-plaintiff into a supine position with a learned police grip, he grabbed his right foot and twisted it vigorously inwards. As a result, the joint plaintiff suffered a double ligament tear in his ankle. Subsequently, the police officers - who were violently insulted by a journalist who appeared because of their actions - immediately refrained from taking any further measures against the co-plaintiff and left.

According to a report in Der Spiegel , police officers depressed the defenseless Oliver Neß, took off his shoe and twisted his foot with such force that the ligaments tore. Amnesty International publicly described the attack on a journalist for the first time as "equivalent to torture". According to a medical report, it was judicially determined that "a rotation of the foot with 'medium-sized power development' - as illustrated by the possibility of causing corresponding injuries through an twisting ankle and a sports injury -" had taken place. After the police officers involved were sentenced to fines of several thousand D-Marks in the first instance in 1996 and Neß had received compensation for pain and suffering and damages of DM 210,977 from the city of Hamburg , the Federal Court of Justice acquitted them in 1998. The main reason for the acquittal was that it could not be proven that the police officers could have seen that Neß was an innocent by no means for whom there was no legitimate reason for arrest. Nor can it be shown that disproportionate force was used. Because of the indubio -pro-reo principle, the accused police officers should be acquitted. The BGH emphasized that the ruling was not about a legal assessment of the entire police operation, nor about the question of Ness compensation, but only about the evidence of criminal guilt of the accused police officers. During the investigation, allegedly incriminating video evidence is said to have disappeared or made unusable in police custody.

Publications

Web links

Individual evidence

  1. ↑ a b Carsten Holm : REIF FOR THE CABARET. Der Spiegel , January 1, 1999, accessed February 1, 2016 .
  2. ↑ Hans-Peter Weymar: Justice and Police: License for rude attacks? in Kontraste ( rbb ) from August 20, 1998.
  3. ↑ BGH, decision of September 30, 1998 - 5 StR 239/98 -, juris, Rn. 3.
  4. ↑ Spiegel: Quote: The police officer took off a shoe from his defenseless victim and twisted his foot with such force that the ligaments tore.
  5. ↑ BGH, decision of September 30, 1998 - 5 StR 239/98 -, juris, Rn. 18th
  6. ^ AI annual report 1997 Germany
  7. ↑ Guest contribution by Oliver Neß: acquittal for the victim . ( Memento of the original from January 16, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. In: AI-Journal , September 1996 @1@ 2Template: Webachiv / IABot / www.amnesty.de
  8. ↑ BGH, decision of September 30, 1998 - 5 StR 239/98 -, juris.
  9. ↑ Wolf-Dieter Narr : BGH acquits police officers in the Neß case . ( Memento of the original from January 16, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. In: Jungle World , October 7, 1998 @1@ 2Template: Webachiv / IABot / jungle-world.com
  10. ↑ BGH, decision of September 30, 1998 - 5 StR 239/98 -, juris.
  11. ^ Article in Spiegel about missing video evidence in police custody
personal data
SURNAME Ness, Oliver
BRIEF DESCRIPTION German television journalist
DATE OF BIRTH 1968