Police violence

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Charges against two police officers of the Zurich City Police for violence

The term police violence is used in criminology and the media to describe physical and psychological violence perpetrated by police officers . The law only allows the use of force under certain conditions and then only to a proportionate extent. If the prerequisites are met and the right extent is observed, it is lawful, otherwise it is illegal. Cases of unlawful police violence are also called police assaults . Sometimes the term police is used arbitrarily when police officers perform their duties illegally . Most affected are drug addicts , homeless people , prostitutes , members of ethnic minorities as well as demonstrators and journalists . Only a few criminal charges against police officers in Germany ultimately lead to charges. The UN Human Rights Council recommended that Germany set up independent complaints offices. This does not yet exist in Germany.

Legal Aspects

According to constitutional law , the police are part of the executive and, in accordance with Article 20 of the Basic Law, Paragraph 2 , exercises part of the authority . According to Art. 20 Paragraph 3, it is "bound by law and order."

According to German law, law enforcement officers are empowered to use physical violence within the framework of the provisions on direct coercion and self-defense within the scope of their police duties , whereby the principle of proportionality and the prohibition of arbitrariness must be observed . Police (task) laws and other laws such as the Code of Criminal Procedure form the narrower framework for police violence and the measures to be taken . So are in the laws u. a. the prerequisites for direct coercion and standard measures such as police custody , on the basis of which the legality of police action can be checked.

In practice, however, it happens that police action is unlawful , disproportionate , arbitrary or contrary to human rights. According to Amnesty International , "police violence [...] is a violation of human rights when it comes to abuse , torture or excessive violence." Excessive violence, on the other hand, is, according to Amnesty International's definition, "[...] violence that is not in proportion to the actual." legitimate goal that the police want to achieve. ”In such a case, bodily harm in the office by the acting police officer could be given. In the case of an unlawful police measure, resistance against law enforcement officers is justified from the point of view of the person affected by the measure (see Section 113 (3 ) StGB ).

State complaints offices have now been set up in some federal states.

Cases in Germany

year Investigations into violent crimes committed by police officers thereof discontinued of which charges / penalty orders
2011 2417 2087
2015 around 2200
2017 2177 91% 2%

The number of reports against police officers is estimated at 1,600 to 2,000 per year. 2–3% of the reports lead to an indictment. In 2010, the number of police investigations completed was 2,133, of which 63 led to charges or a criminal order . Prof. Tobias Singelnstein explains that over 93% of the proceedings have been discontinued by the fact that the investigations in the preliminary proceedings (which are subordinate to the public prosecutor's office) are in most cases carried out by the police themselves.

In comparison, 20% of all 4.5 million preliminary proceedings in Germany in 2013 resulted in an indictment or a comparable penalty order, and around 30% were discontinued due to a lack of suspicion. Of the 4,553 investigative proceedings (not only for the use of force) against police officers during this period, almost 90% were discontinued due to a lack of suspicion. Official police violence figures are not collected.

In an internal police questionnaire conducted by Amnesty International in 1998 and 2001, “[...] 25 percent of the officers were of the opinion that from time to time it is perfectly acceptable to use more force than is permitted. And six out of ten police officers said that serious violent abuse by colleagues was not always reported or reported. "

A special category is the use of the firearm, and there again the operations resulting in death. As part of a research project, the daily newspaper taz collected the dead from police shots between 1990 and 2017 and counted a total of 269 victims. Mental illness played a role in more than half of those killed.

Examples of police violence (without differentiating whether the respective application is lawful or unlawful) are the following cases that have been discussed in the media:

Federal Border Guard

In the 1990s there were roughly between 30 and 60 proceedings for bodily harm in office at the Federal Border Police .

year Procedure related to the

Exercise of service

attitude acquittal Condemnation
all in all of which due to Assault in office
1992 46 33 35 3 6th
1993 69 36 41 0 3
1994 78 49 51 0 1
1995 104 45 40 0 2
1996 100 58 19th 0 1
1997 81 42 21st 0 0
date incident rating
May 28, 1999 On May 28, 1999, Aamir Ageeb was forcibly pushed into the aircraft seat by three officers of the Federal Border Police during his deportation, whereupon he suffocated. The officers were sentenced to nine months suspended prison sentence for bodily harm resulting in death . Convictions for bodily harm resulting in death.
February 21, 2010 On February 21, 2010, a federal police officer at Berlin-Tiergarten train station hit a man who had urinated on a wall several times in the face with his fist and reported him. Because bodily harm and false accusation of the police on 12 May 2011 were sentenced to a fine of 9800 €. His colleague, who confirmed the false suspicion, was sentenced to a fine of € 4,875. Convictions for assault in office and false suspicion.

Baden-Württemberg

In Baden-Wuerttemberg, the day of the clearing of the Stuttgart palace gardens for tree felling , September 30, 2010, became Black Thursday because several demonstrators were injured by police measures. The day is being dealt with legally in various criminal proceedings; politically, an investigative committee of the state parliament of Baden-Württemberg deals with the police operation.

date incident rating
September 30, 2010 When the Stuttgart palace gardens were cleared on September 30, 2010, several demonstrators were injured by police measures. A police officer was sentenced to a fine of 120 daily rates of 50 € for assault in office . He had sprayed pepper spray on a woman's face for no reason and was reported by the Göppingen riot police. Before the demonstration, a police officer beat a man with a baton and was sentenced to eight months probation for dangerous physical harm. In the second instance he was sentenced to a fine of 90 daily rates of 60 € for negligent bodily harm. Two other police officers have been charged, four police officers have been issued with penal orders , and six police officers have been dismissed. A police officer accepted the sentence of 7 months on probation. "For negligent bodily harm in office in four cases [...]", the then police chief Siegfried Stumpf received a penalty order applied for in early January 2015 in the amount of 120 daily rates of 130 euros. As the Stuttgarter Nachrichten reproduced the statement of the Stuttgart District Court , "[Stumpf] could have ended the rude actions of his police officers against protesters in the palace garden with an instruction and possibly prevented serious injuries." Blunt accepted the penalty order.

On November 18, 2015, the Stuttgart Administrative Court ruled that the police operation to clear the palace gardens was unlawful. The protest was a meeting within the meaning of Article 8 of the Basic Law , which could not be ended easily. In addition, the mission was "excessive".

Use unlawful overall. Conviction for negligent bodily harm in office or termination of the proceedings

Bavaria

In the 2010s there were around 130 charges of assault in office each year . In 2011, BLKA, Department 13 ( Official Offenses ) received “1,750 complaints about police officers”.

The violence exercised by the Bavarian Support Command was the subject of various press reports and proceedings.

In the area of ​​responsibility of the Rosenheim police station there were several incidents that were discussed in the media, as well as in the area of ​​responsibility of the Munich police , especially the case of a woman who was allegedly punched in the face by a police officer in self-defense, was in many media taken up and discussed in the Bavarian state parliament .

The police operation in Regensburg in 2009, which led to the death of Tennessee Eisenberg , also attracted a lot of attention .

Statistics Bavaria

year Ads wg. Use of violence or suspension 1 Ads wg. Coercion and abuse in office 1 Ads wg. Assault in office 2
2010 224 256 around 130
2011 around 130
2012 151
1Information on a no longer accessible page of the Bavarian Broadcasting Corporation
2Information from an article in the Mittelbayerische Zeitung .

In 2012 there were 17 allegations of bodily harm in office against police officers at the police headquarters in Swabia North , which led to criminal proceedings . Of these, 14 were hired; three had not yet been completed at the beginning of April 2013.

date incident rating
April 30, 2009 On April 30, 2009, Tennessee Eisenberg was shot dead in Regensburg during a police operation. The circumstances of the death have been examined on various occasions. Parents' lawsuit dismissed in last instance.
October 7, 2010 On October 7, 2010, a man in Aschaffenburg was subjected to a general traffic control by two police officers. According to his wife, she wanted to ask for the names of the police officers, but was allegedly beaten by the police officers when asked for their first names, handcuffed, taken to the police station in the police car, dragged across the floor and searched. She was also not allowed to call a lawyer. The Aschaffenburg public prosecutor's office investigated the police officers and later closed the investigation. Investigation stopped.
November 13, 2010 On November 13, 2010, at Munich Central Station , a man was grabbed by the neck by a police officer, which resulted in a bruise on his larynx , was taken to a cell and asked to undress for a drug test. At the request of the public prosecutor's office, a penalty order of 90 daily rates was issued, which the police officer objected to, which is why the case was heard before the local court. There he was sentenced to 120 daily rates of € 60 each. Fine
November 15, 2010 In Pfaffenhofen am Inn ( near Schechen ) there was a dispute between residents of a house and police officers on November 15, 2010 when police officers were looking for a resident. The exact course of the dispute is unclear; Police and residents accused each other of aggressive behavior. The residents - including a retired police officer and his family - filed criminal charges against the police officers for allegedly mistreating them. The residents involved were charged with resisting law enforcement officers for obstructing the police and injuring a police officer. The criminal complaint against the police officers was withdrawn and the trial against the residents was discontinued. Criminal complaint withdrawn.
March 3, 2011 On March 3, 2011, a cyclist evaded a traffic control in Passau . There are different versions of the course of the subsequent events in which the man and a police officer were injured: As Gisela Friedrichsen writes for Der Spiegel , one of the police officers stated in court that the man wanted to get away on his bike, he wanted to The man held on, the man hit a traffic light mast and both fell over. One of the policemen said he levered the man off the bike. One of the policemen said the man tried to escape on foot. A passer-by testified that the man was thrown on the ground and later with force in the patrol car. The man said he was thrown to the ground with force. He was also thrown on the floor in the courtyard of the police station. One of the policemen says the man dropped. In the response of the Bavarian State Ministry of the Interior to a request from the Greens, it is said that the man, and thus the policeman who was fixing him, were unbalanced and both fell forward. His blood alcohol concentration is given as 1.3 to 1.38 per thousand. A paramedic and a doctor called the man's condition "very aggressive or aroused". In addition, the man is said to have "provoked the police officers present." The investigation into the man's complaint on June 16, 2011 for "'serious willful assault and attempted manslaughter " "was discontinued on July 26, 2011 by the Passau public prosecutor . In 2012 the man was tried in court for opposing law enforcement officers . Investigation stopped.
March 7, 2011 On March 7, 2011, a woman at the Munich station guard refused to hand over her identity card. A police officer therefore used immediate coercion. As a result of the events, according to a forensic medical report , the woman hit a hard object three times with force. According to the woman, she was thrown against the wall, pushed against a door frame and pushed into the wall in another room. According to the police interviewed, the woman put up a physical defense and then ran head first against the wall. The investigations into resistance , bodily harm , thwarting punishment and insults led to a case against the woman, which was discontinued because "[my] act of resistance against the police officer [...] was not off the table, the woman's fault as a whole but low ". The investigations against the police officers had already ceased at this point. The public prosecutor's office started an investigation into the police officers for unofficial false testimony . Investigation stopped.
May 26, 2011 On May 26, 2011, a cyclist passed a red traffic light. The then Rosenheim police chief pulled the man - according to the man suddenly, according to the police officer after a request to stop which was not complied with - from the bicycle, both falling, injuring themselves slightly and causing property damage. On March 27, 2013, the Free State of Bavaria , the chief employer of the police officer, demanded a total of € 1,355 from the man (of which € 376 for treatment costs, € 903 for lost work and € 76 for property damage) before the Rosenheim District Court . Because the policeman acted disproportionately, the lawsuit was dismissed. The reasoning stated: " 'Here the risks of the prosecution of a possible regulatory offense by the police officer were out of proportion to its purpose' ". The cyclist did not commit any negligent bodily harm either , since he "'did not have to expect that the police officer would tear him off the bike while he was driving to enforce his arrest.'" disproportionate
September 3, 2011 At the Rosenheim autumn festival on September 3, 2011, a youth was arrested, handcuffed behind his back and taken to the police station on the festival grounds. After the youth had threatened the police chief with a complaint, he "missed" the youth two slaps and knees in the buttocks . According to the police chief, he gave the youth a push in the back so that the youth sat down on the bench in front of him; while he hit his face against the wall behind the bench. According to the young person's description, he was already sitting on the bench, was pulled up by the shoulders, "[...] turned around and his head hit the wall at least three times [...]." The police officers present confirmed the description of the police chief, the mother and her friend confirmed the description of the youth. An expert confirmed that the young person's injuries (including a broken incisor ) resulted from at least two acts of violence. According to the experts, the report "[...] can be reconciled with the young person's statements." Furthermore, "their reports [...] allow the conclusion that the police officer at least did not tell the full truth." The judge said: "The Chamber leaves it open who was wrong here, to put it mildly." The chief of the Rosenheim police was sentenced in November 2012 to a prison sentence of 11 months on probation for willful bodily harm in the office before the Traunstein regional court . The prosecutor had asked for a suspended sentence of 21 months. The Süddeutsche Zeitung emphasizes: "Rudolf M. received the verdict with a stony face, but inwardly he must have breathed a sigh of relief. A month more and he would automatically have resigned from the civil service and would have lost his pension entitlement." He appealed against the judgment. The appeal was rejected as unfounded by the Federal Court of Justice. The judgment is then final . On July 3, 2013, the Süddeutsche Zeitung quoted the head of personnel of the Bavarian Police with " The Munich Police Headquarters will bring disciplinary action against the officer with the aim of removing him from the service. " According to reports from December 15, 2014, the Munich Administrative Court ruled that the Police officer is said to lose his civil service rights. The police officer's appeal to the Bavarian Administrative Court was unsuccessful. Probation
December 25, 2011 On December 25, 2011, a car driver got into an argument with another in Nuremberg. The man received a dismissal from the arriving police , which he did not comply. Therefore, the police grabbed the man, rolled his arms behind his back, pressed his upper body onto the hood of the police car, and handcuffed him. One of the policemen hit the man twice in the face. The policeman was suspended from duty. In the main hearing before the Nuremberg District Court in October 2012, he showed no insight into the guilt and was sentenced to 18 months in prison without parole. The policeman put citing one. In the second instance he showed remorse and stated that in the first instance he lied "out of fear for his existence". The Nuremberg-Fürth district court reduced the sentence to 11 months on probation. As a justification with reference to the case of the Rosenheim police chief, the judge said: You must not get what others, who were perhaps even worse, can't get. The policeman voluntarily paid the man € 500 in damages . His disciplinary authority applied to the Ansbach Administrative Court to remove the policeman from duty. The policeman did not show up for the trial or comment, so the court followed the disciplinary authority's request. On May 20, 2015, it was reported that the removal was final. Suspended sentence and removal from service
March 01, 2012 u. A. Multiple checks of a 27-year-old with no criminal record with refusal to be allowed to call a lawyer and the compulsion to undress, stand with legs apart, bend over, anal inspection, as well as the request to pull back the foreskin of the penis in front of the officers. The victim was later investigated after he insulted police officers as "state bimbos". The court found the undressing practice and the violent arrest completely inappropriate, released the victim charged with libel and ordered the police to stop the practice.
April 21, 2012 On April 21, 2012, a policewoman sprayed pepper spray on a man's face. She was standing in a police chain and, according to her own statements, felt threatened by the man who was walking up and down in front of the chain, about a meter away. Before the district court in Nuremberg she was sentenced to a fine of 120 daily rates of 70 € and temporarily transferred to the office . Two other police officers are being tried on the basis of events on the same day. The Nuremberg District Court imposed 12 and 8 months suspended prison sentences and a € 4,000 fine in each case. They are said to have hit defenseless football fans with batons (and a policeman with his fist). They appealed the verdict, as did the public prosecutor, who found the sentence too low. On June 27, 2014, the penalties imposed by the district court for dangerous bodily harm in office were confirmed by the district court of Nuremberg-Fürth . Fines and suspended sentences
November 27, 2012 On November 27, 2012, a youth officer of the Munich police was on a project in a Munich school. Since a schoolgirl missed a five-euro note and it remained missing even after an anonymous return action, the youth officer decided to carry out a body search as a police measure in order to clear up the suspected theft . For this purpose, the pupils between the ages of 13 and 16 had to partially undress themselves in front of officials in the boys 'or girls' toilet, with some being checked in their intimate areas. The Bavarian Minister of the Interior Joachim Herrmann called the measure "'completely excessive, not proportionate and therefore not lawful'". Since the parents waived a criminal complaint , the proceedings against the responsible youth officer were discontinued. Case closed.
January 1, 2013 On the morning of January 1, 2013, an argument broke out in Wasserburg am Inn between a man and police officers, who accused each other of bodily harm. According to the judgment of the later court, the following happened: the man asked a police officer why he had recently treated a young person so harshly. The officer then got out of the patrol car and handcuffed the man with the help of another officer. The man's head was hit against the roof of the car during the process and the policeman's fist was hit three times while driving to the police station. The man was insulted and ill-treated in the cell. At the beginning of November 2013 it became known that the case against the man had been discontinued and that the public prosecutor had requested a penalty order against the police officer. At the beginning of July 2014 it was reported that the judge at the Rosenheim District Court did not allow the penalty order because of the contradicting statements of witnesses and police officers, which is why the matter should be clarified in a main hearing with seven days by August 1, 2014. On September 26, 2014, the Süddeutsche Zeitung reported on the verdict against the police officer: He was "[...] sentenced to ten months probation and a fine of 5,000 euros for deprivation of liberty, dangerous and simple bodily harm in office and insult." The prosecutor had requested a fine. The policeman's defense attorney announced that he would appeal the verdict. The Süddeutsche Zeitung wrote about the contradicting statements of witnesses and police officers: In its reasoning for the verdict, the court let it be known that in the proceedings […] it had [established] clear efforts by several police officers to conceal the true facts. […] The statements of the victim and most of the witnesses were credible, said the judge, and would also fit in with the reports. This does not apply to the operational reports and statements of the police officers involved. He sees at least some clear indications of collusion among the officials, said Baier. Where this is not the case, the exonerating witnesses contradict each other, as Baier described the other police officers involved. For example, he mentioned the transport [of the man] to the office: the passenger allegedly hadn't noticed anything during the drive there, although he could have turned around without any problems. The driver, on the other hand, could clearly see all sorts of alleged aggression on the part of the arrested person by looking in the mirror, but not the reaction of his colleague. "Very surprising," said Judge Baier, calling these statements. The written statements about the incident were partially improved three times in order to construct a conclusive truth. Fine and suspended sentence
20th January 2013 On January 20, 2013, according to Reinhold Bergmann (head of the Munich police press office ), as reported in the Süddeutsche Zeitung , 23-year-old Teresa Z. was brought to a cell of the Munich police to calm down . She insulted officials, spat at her and "punched her around", whereupon she was hit in the face by 33-year-old Frank W. According to the police, she wanted to give him a headbutt, which is why he acted in self-defense . The other police officers would testify to this account. The injuries from the blow included a nasal bone fracture and a fracture of the eye socket . Teresa Z.'s lawyer is said to have filed a complaint against Frank W., as did the police against Teresa T. "for assault , resistance to law enforcement officers and insult ." The case and the issue of the police were discussed in general in the Bavarian state parliament . Wilhelm Schmidbauer (Police President of Munich) and Joachim Herrmann (Bavarian Interior Minister) were criticized for their comments on the case. They were accused of trying to put Teresa Z. in a bad light.

On August 6, 2013 Frank W. was sentenced to 10 months probation and payment of € 3,000 to a non-profit organization for bodily harm while in office. The judge saw no self-defense in the blow. The expert also saw more of a deliberate blow than a protective act. Frank W. appealed against the judgment, which was rejected as unfounded on March 10, 2014, so that the judgment became final. An agreement was reached out of court about the payment of pain and suffering to Teresa Z. The parties agreed not to disclose the amount. In May 2014, Teresa Z.'s lawyer demanded € 17,500 and later received € 8,000. The police are checking whether they can demand the money from Frank W. The suspension of Frank W. was lifted on 16 July 2014 and he was transferred to the office staff. Disciplinary proceedings have been resumed and demotion has been requested from the administrative court. There is also a five-year ban on transport.

Fine and suspended sentence
20th February 2013 On February 20, 2013, two men were brought to the Rosenheim police station on suspicion of theft . One of the men was hit twice on the head with his fist during the interrogation by a police officer - according to the man and a police officer present. An interpreter present said he had not noticed any beating, the police officer did not comment. A forensic doctor found no injuries on February 21, and the man also stated that he was neither injured nor felt pain. The public prosecutor in Traunstein began to investigate for assault in office and extortion of testimony . The policeman was suspended from duty. Ongoing investigation.
17th March 2014 On March 17, 2014, a man was involved in a car accident on Munich's Heckenstallerstraße . According to the police, when the accident was recorded, he was said to have been aggressive, hit the car door against the leg of a police officer, pushed his wife and strangled a police officer. Then he was taken to the ground by three police officers, handcuffed and, according to his wife, held down by police officers. Another witness said a police officer kneeled on the man's neck. The man collapsed in this situation and passed away shortly afterwards. An autopsy revealed natural death. The family filed a complaint against the police officers. The public prosecutor's office in Munich I and the Bavarian State Criminal Police Office carried out investigations which were later discontinued because " [...] the death of the injured party was not the result of disproportionate police action and could not be avoided or foreseen by the officers ". Investigation stopped.
July 25, 2014 On July 25, 2014, two police officers in civilian clothes were on patrol in Burghausen shortly before 6 p.m. in Herderstrasse, when they saw 33-year-old André B. , who was wanted by arrest warrant on suspicion of trading in marijuana in large quantities . When trying to arrest the man, he fled. The officers told him to stop, then one of the officers fired a warning shot and another shot at the man, which hit him in the neck from a distance of 5–8 meters. The man died on site. The policeman said he aimed at the man's legs. The man's family filed a complaint, their lawyers in the matter are Steffen Ufer and Erhard Frank . The Traunstein public prosecutor's office has been investigating the police officer for negligent homicide since July 28, 2014 ; the investigation is conducted by the Bavarian State Criminal Police Office . In addition, the policeman was suspended from duty until the investigation was completed. In December 2015, prosecutors wanted to decide whether to bring charges. At the end of July 2015, the public prosecutor had not yet made a final decision in the case. In February 2016, it became known that the Traunstein public prosecutor's office had discontinued the proceedings against the accused police officer, as no misconduct was evident and the use of firearms was covered by the provisions of the Police Tasks Act. On the occasion of a commemorative event on the fifth anniversary of the shooting, the former police chief of Münster, Hubert Wimber, published a statement for the association LEAP (Law Enforcement Against Prohibition) Germany, in which the use of firearms is described as "grossly disproportionate" and "obviously illegal" the procedure is therefore "incomprehensible". Investigation stopped.
July 25, 2019 On July 25, 2019, a graduation ceremony took place at the Starnberg grammar school. A 15-year-old did not accept the eviction of a security employee, so the police arrested the youth. The action immediately led to partly aggressive protests by around 100 schoolchildren who went to the police station to demand his release. Another youth who was filming the events with his cell phone was taken away by a police officer. The youth was then slapped in the face by the same police officer. Investigations
Bavarian Support Command (USK)

The Bavarian Support Command (USK) is a special unit of the Bavarian Police.

date incident rating
May 2007 During the traditional church service on the Hoher Brendten near Mittenwald in May 2007, demonstrators unrolled a banner with the inscription " Fascism is not an opinion, it is a crime". Since disrupting church services is a criminal offense, they were then taken into custody by USK officials . Then the temporarily arrested had to undergo a body search and, according to VVN activist Jürgen Schuh, to strip naked in front of the officers. The Garmisch-Partenkirchen district court came to the conclusion "that the police detention ... and the subsequent order to completely undress as part of the police search were illegal". The court also emphasized, however, that “the police cannot be accused of having wrongly chosen the means”, but that the law enforcement officers “chose a disproportionate one of various measures”. The police said that undressing was a common act as there had been several cases in which people had hidden razor blades in their buttocks. According to the court, illegal.
December 9, 2007 According to the Munich public prosecutor's office, USK officials carried out "massive acts of aggression (...) using batons" on viewers at a soccer game on December 9, 2007 in Munich - according to a report in the Süddeutsche Zeitung "for no apparent reason". Before the game ended, the police imposed a so-called block ban to keep the fan groups apart. After the block was opened, there was a great rush at the exit. It was the attacks by the officials. In its report, the public prosecutor's office speaks of beatings “in a disproportionate manner and without justification with batons at uninvolved visitors, some of them children and women.” In response to press reports, the initially suspended proceedings were resumed, but in August 2009 it was suspended again. In the meantime, the investigations have been resumed and should be closed for the second time in 2010, but the attorney general's office previously requested further explanations about the video recordings of the USK operation. These were only made available to the investigating authorities one year after the incidents and, however, showed gaps in crucial places. The suspects could not be identified because the officials were not identified. The investigation was closed in 2011 by the Public Prosecutor's Office because "'no identifiable beatings'" would have been found. Case closed.
April 10, 2009 In order to prevent unauthorized barbecuing in areas of Feringa Lake, the support command was called on April 10, 2009 . A man who was measured to have a blood alcohol concentration of 0.8 per mille refused to show the police his ID. A policeman who tried to search the man's pockets for his ID was pushed by the man. The man was then forcibly brought to the ground by two officers, with the officers pressing his neck against a curb. The man made violent resistance , injuring two officers. By using direct force against the man's resistance, the man suffered bruises all over his body and had a broken finger. A passer-by wanted to rush to the man's help, she was expelled from the site by USK officials and was also not questioned as a witness to the incident. After the arrest and blood sampling , the man was released by the USK officials in downtown Munich without money and without a shirt (as was the case at the beginning of the arrest). The man was sentenced to a fine of 1,500 euros for resistance and assault . The case against the police officers on suspicion of bodily harm in the office was closed as the court confirmed that the use of direct coercion was permissible. After disciplinary proceedings , the officers had to apologize to the man about the incident at Feringa Lake.
July 5, 2009 On July 5, 2009, garbage cans were set on fire in Gostenhof , and the police prepared for riots. A man who said he had nothing to do with the riots was sitting with his guitar in a park when USK officers stormed into the park and hit him with a baton. Since he held his guitar in front of his face, he was unharmed, but filed a complaint to have his guitar replaced. The public prosecutor's office conducted investigations into bodily harm in the office, but these were discontinued because the man was unable to describe the masked officers in more detail.
January 11, 2010 On January 11, 2010, the USK forcibly gained access to the apartment of a Munich family in which the son is mentally disabled and the father is blind because of disturbing the peace . After the son insulted him and threw a cigarette plugger, the father and son were fixed on the floor, injuring each other. The allegation against the blind father was that he was supposed to have pushed an officer with his hands and held him by the arm. The father was sentenced to a fine of € 225 for resisting state violence and the proceedings against the officials were discontinued. Case closed.
February 10, 2010 During a soccer game on February 10, 2010 in the Munich Allianz Arena between FC Bayern Munich and the game association Greuther Fürth , there were arguments between fans of the game association and the USK. 25 people were arrested. According to the police, three buses with "heavily drunk and aggressive Fürth ultra fans" arrived too late in Munich due to snowfall. These would then have attacked police officers at the entrance "for no apparent reason with massive physical violence" and later, from inside the block, police officers and stewards. According to Holger Schwiewagner from the management of the club, however, the incident occurred because the police wanted to check the fans who had already been checked again when the fans wanted to quickly get into their block. The Fürth fans were then violent against the officials, whereupon the police, in the opinion of Schwiewagner, reacted "in some cases with unreasonable severity". There was excessive, sometimes reckless use of physical violence, the use of baton and pepper spray, even against bystanders. In an official statement, SpVgg Greuther Fürth condemned the operation: “The police used disproportionate means against the audience,” said Holger Schwiewagner, and continued: “That does not correspond to our understanding of fair treatment. Auto Club representatives who attempted the situation to calm down, had been addressed verbally and palpable after the game by officials of the Munich Support Command. "The Fürth SPD District Chairman and Member of Parliament Horst Arnold has put in this context criminal complaint against unknown persons for assault in office. The police were apparently irritated by the unusually aggressive demeanor of the football fans. A police spokesman said that “riots like this have not been seen in the Allianz Arena for a long time”. A number of preliminary investigations were under way, one of the persons involved stated that she had been hit in the face by a USK officer with a baton in front of the toilet, another woman said that her daughters had been beaten; when she protested, she was arrested. According to his own statements, one man was unjustifiably beaten by USK officials. Four USK police officers were transferred. However, all criminal proceedings for bodily harm while in office were suspended, with the exception of one against which the public prosecutor applied for a penalty order .
March 15, 2011 On March 15, 2011, football fans "rebelled" in the Munich valley and threw glasses at the police. A fan ran away, was followed by a police officer and brought down by him in Sterneckerstrasse. One witness stated that she also saw a kick in the man's upper body. The man testified that "he saw the policeman move his foot in his direction out of the corner of his eye and felt pain in the right side of his body." The policeman denied kicking the man. The video recorded by the police did not show the man's arrest. Before the local court, the policeman was sentenced to a fine of € 5,400 for bodily harm in office. In the appeal process, the Munich District Court I acquitted the police on February 15, 2013, as it did not consider the kick to be proven. Another policeman, who had testified in favor of the arresting policeman in the first trial and was later "prosecuted" for false statements, wanted to appeal. Policeman acquitted.

Berlin

The unit for special situations and mission- related training (EbLT) was a unit of the Berlin Police , which the then Interior Senator Wilhelm Kewenig ( CDU ) set up in mid-1987 as a reaction to the riots and the police mishaps on the night of May 1st and 2nd d. J. in the Berlin problematic district of Kreuzberg and which was dissolved again in January 1989 after multiple problematic assignments and broad media and political criticism. In the 1990s, the number of investigations into possible bodily harm was around 1,000 per year, of which around a dozen led to charges and half a dozen to convictions. Police violence at demonstrations or May Day celebrations have been reported several times .

Statistics Berlin

Year
Figures 2008–2011: only police officers
Figures 2012: all police employees
Number Advertisements or investigations due to possible Mayhem Discontinued criminal proceedings
Figures can refer to previous years
Accuse Acquittals Convictions
1992 591 displays 9 572 9
1996 928 1 26 1 5 1
1997 1027 1 14 1 6 1
1998 1004 1 12 1 5 1
1999 967 1 13 1 3 1
2007 771 2 8 746 4 21 4 1–3 4 8
2008 636 3 8 615 3 8 6 3 0 3
2013 484 5 451 7 6 7 2 5 6 7
1Information from Tobias Singelnstein , professor of criminal law at the Free University of Berlin in a specialist article in the monthly magazine for criminology and criminal law reform
2Information in an article in the Tagesspiegel
3Details in an article of the time
4thInformation in an article of the world
5Information in an article in the Berliner Zeitung , based on the response of the Berlin Senate to a parliamentary question from the Pirate Berlin faction.
6thInformation in an article by Rundfunks Berlin-Brandenburg , based on the response of the Berlin Senate to a parliamentary request from the Piraten Berlin faction.
7thInformation in a comment by Frederik Bombosch in the Berliner Zeitung , based on the response of the Berlin Senate to a parliamentary request from the Pirate Berlin faction.
8thInformation in an article by Plutonia Plarre in the taz .
8thInformation in an article by Ludwig Rademacher in Focus .
9Information in an article by Matthias Geis in Die Zeit .
cases
date incident rating
June 2nd, 1967 During the demonstration against the Shah's visit on June 2, 1967 in West Berlin , the police used a prepared baton against encircled, seated and unarmed demonstrators. The Berlin Administrative Court later ruled that there was no legal basis for this. Three police officers were sentenced to six weeks in prison each for assaulting while in office. prison sentence
September 12, 2009 During the Freedom Instead of Fear Demonstration in 2009 on September 12th in Berlin, a man was pulled by a police officer and hit him in the face by another police officer. He filed charges against the police officers for assault in office . He was charged with resisting law enforcement officers . The case against the man was dropped in July 2010. The police officers were sentenced in April 2012 to a fine of 120 daily rates of 50 € for simple bodily harm. All those involved announced that they would appeal . In the appeal proceedings before the Berlin Regional Court on June 18, 2013, the police were sentenced to 80 or 20 daily rates of 50 € for bodily harm in office or negligent bodily harm in office. The man's lawyer announced he would appeal. In a civil law settlement , which the State of Berlin approved on October 16, 2012 , the man received € 10,000 compensation for pain and suffering . The police were in the back office added . Fine and compensation for pain and suffering
September 12, 2009 Also at the Freedom Instead of Fear demonstration in 2009, a man was hit in the back by a police officer. The policeman was fined € 4,800 in 2010 for assault while in office. Fine for assault
May 1, 2010 During a demonstration in Berlin on May 1, 2010, a demonstrator fell and was kicked in the head by a passing police officer while lying on the ground. Immediately thereafter, the police investigated internally for assault in the office . In summary proceedings the police officer was sentenced in October 2010 to a prison term of eight months suspended. Probation
December 31, 2010 In the night from December 31, 2010 to January 1, 2011, police officers were supposed to end a fight in Berlin-Hellersdorf . During the operation, one of the police officers hit a man on the head twice with a baton , breaking the baton and lacerating the man . At the trial, the police officer stated that he could have chosen a milder remedy. He also stated that his superior advised against a voluntary disclosure ; he should claim that he fell. This version was also discussed among colleagues and reproduced by them after the man filed a complaint. In an anonymous letter to the State Criminal Police Office , the sender wrote that the man was already under control when he was beaten. The police officer was sentenced in November 2012 to a suspended sentence of 10 months for dangerous bodily harm in the office . Probation
May 1, 2011 On May 1, 2011, plainclothes police from Berlin were physically injured by uniformed colleagues at the Myfest . Since the police unit could be identified but not the police officers themselves, the defendants were acquitted on April 9, 2012 in the Tiergarten district court. Acquittal.
August 24, 2011 On August 24, 2011, two police officers should have a Vorführbeschluss enforce the local court to a woman. She should be heard before the local court. It said in the room that she was going to be admitted to a psychiatric hospital. The police officers and an employee of the social service rang the doorbell for assisted living "for the mentally suspicious" in the Märkisches Viertel . A police spokeswoman said the woman came out of the apartment with a knife and injured one of the officers in the forearm, and pepper spray was used on the woman. She withdrew into the apartment. The police called the emergency number and an ambulance. When more police officers were on site, according to a judicial officer, the apartment door was opened with a ram and the woman stabbed a police officer with a knife. Another police officer is said to have shot the woman at that moment and hit her in the upper body. The public prosecutor's office was investigating the police officer. The investigation was discontinued in mid-September 2011 because the shot was justified in the emergency situation. There were no legal consequences. Investigation stopped.
October 6, 2012 On October 6, 2012, the police were alerted because a man was walking through Wedding with a hatchet or an ax and a knife . The man did not comply with the request to put the knife down. A police officer shot him in the leg and he went down. The man didn't put the knife down on the floor either. He was sprayed with pepper spray , kicked on the neck, beaten with batons and bitten in the hand, arm and thigh by a police dog . After an emergency operation, he was in a coma for two weeks before he died as a result of the gunshot wounds. The Berlin public prosecutor's office is investigating manslaughter . At the end of July 2013, the public prosecutor confirmed the conclusion of the investigation. In spring 2014, the public prosecutor came to the conclusion that the police officers had acted in self-defense. Lawyer Hubert Dreyling appealed against it.
June 28, 2013 Manuel F. (born February 1, 1982), who suffered from paranoid psychosis, stepped naked into Berlin's Neptune Fountain on the morning of June 28, 2013 . He used a bread knife to injure his neck and arms. At around 9:40 a.m., one of the policemen who had been called went to the man in the well and asked him to put the knife down. When the man with the knife ran up to the police officer, he fired a shot at the man, which led to his death in the ambulance at 10:08 a.m. On August 23, 2013, it became known that the public prosecutor's office had stopped investigating the police officer because they believed he had acted in self-defense. The Berlin State Criminal Police Office had investigated manslaughter . Hubert Dreyling, lawyer for the man's father, lodged a complaint against the setting, which was rejected by the public prosecutor. The lawyer filed a (unsuccessful) complaint with the Federal Constitutional Court .
September 8, 2013 On September 8, 2013, a woman in Berlin-Mariendorf called the police because of alleged domestic violence by her husband, who was sitting drunk and armed with pistols in the apartment. When a Berlin Special Operations Command (SEK) arrived , the allegedly drunk woman apparently pointed to a false window from the street. The SEK officers then broke the door of the wrong apartment, in which a woman and her son were. The woman suffered after media reports in shock, bruises and hematomas because they "[...] pushed by a [...] police through the apartment [...]" was. The son was bitten in the forearm by a police dog and had to undergo multiple operations. The police apologized to the woman who, together with her son , filed charges of bodily harm in the office and property damage . The State of Berlin bears the costs for the hospital stay and the repair of the door . Three pistols were found in the man's apartment, which is why the SEK was called. Assumption of costs
May 1, 2014 On May 1, 2014, a photography professor from Kreuzberg filmed at Kottbusser Tor how a police officer sprays pepper spray on a man's face ( link to video ). The man is said to be unable to see for 20 minutes and to have had "eye and respiratory problems" for days. Police President Klaus Kandt called the operation "apparently baseless". And further he said: "If the impression is confirmed, I would like to apologize in all forms". A few days after the use of the pepper spray, a "deputy group leader [...] was reported by his superior, the chief of the deployment force of Directorate 5, for assault in office ". Criminal proceedings were then initiated against the police officer and charged with dangerous bodily harm . During the trial, the police officer and his colleague Thomas G. testified that the man had molested the police. G. said, according to the taz, that the man "with two other men repeatedly jumped in the direction of the police officers". The policeman was sentenced to nine months probation (probation period: three years) in June 2014. Because of the false statements in the trial against his colleague, Thomas G. was reported to the office for thwarting punishment (his false statement could have led to the acquittal of the police officer without the video) and on March 25, 2015 at the Moabit Criminal Court to a fine of 90 Daily rates of 70 €. "The judge saw it as proven that G. not only remembered incorrectly, but that he consciously and deliberately made a false statement in order to protect his colleague." "What weighs particularly heavily is that the false statement 'shakes the population's trust in police officers'." Suspected sentences for dangerous bodily harm and for avoiding punishment

Brandenburg

Cases of police violence were reported from Brandenburg, in which the police violence was judged by the court to be lawful in one case and unlawful in another.

case
date incident rating
September 2003 From September 9, 2003, a woman was in a deportation center in Eisenhüttenstadt . In the following days, she is said to have committed property damage . Since attempts to calm her down were unsuccessful and there was fear of self-harm and further damage to property, she was tied to a table for several hours on October 1 and 2, 2003. The Frankfurt (Oder) administrative court dismissed the woman's action because the use of direct coercion was lawful. Judged to be lawful.
December 31, 2008 On December 31, 2008 in Schönfließ (Oberhavel) a man who was about to be arrested was shot dead by a Berlin police officer. The Neuruppin district court saw in the policeman's behavior no self-defense, but a conditional will to kill . He was therefore sentenced on July 3, 2010 to a suspended sentence of two years, with which he resigned from the civil service . The condemned's colleagues were sentenced to fines of € 10,800 and € 8,400 for attempting to thwart punishment in the office because, in the opinion of the court, they testified as false witnesses . The Federal Court of Justice rejected the appeal on February 20, 2011, making the judgment final . Fines and suspended sentences

Bremen

Since 2009, investigations against police officers are no longer carried out internally, but by the interior authorities . In 2011 there were 270 complaints against police officers, in 2012 there were 249.

case
date incident rating
December 27, 2004 On December 27, 2004, Laya-Alama Condé was forcibly administered the emetic ipecacuanha syrup because he was said to have swallowed packets of cocaine . Condé defended himself against the gag reflex , fell into a coma and died on January 7, 2005 in the St. Joseph-Stift in Bremen .

The trial against the doctor on call before the Bremen Regional Court ended on December 4, 2008 with an acquittal on the charge of negligent homicide . The acquittal was justified by the fact that the doctor 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. Condé's mother and brother acted as joint plaintiffs .

The Federal Court of Justice (BGH) overturned the judgment on April 29, 2010 (AZ .: 5 StR 18/10) because the regional court's assessment of evidence "fails to observe all legal standards to be included in the assessment". The case was referred back to a jury chamber of the regional court.

On June 14, 2010, the Bremen Regional Court acquitted the doctor (again). The Federal Court of Justice (again) overturned this judgment on June 20, 2012 (AZ .: 5 StR 536/11).

The third trial began on April 9, 2013. In the trial, the doctor expressed "great regret" about the death that was "hard to bear" and that broke his marriage. In addition, he gave to seek psychiatric help. The trial was discontinued at the beginning of November 2013 "on condition that the defendant V. pays 20,000 euros to the mother of the victim". The doctor was "under inpatient psychiatric treatment", also due to the length of the proceedings. It was not foreseeable whether he would have been able to negotiate again .

Condé's mother received € 10,000 compensation from the state of Bremen . The country stopped the forced use of emetics.

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, the Bremen police published a brochure intended to serve as "illustrative and training material for police officers".

Two acquittals, each of which was overturned by the Federal Court of Justice. The third case was dropped in exchange for a cash payment. Payment of pain and suffering by the state of Bremen
21st May 2013 On May 21, 2013 at around 2:40 a.m. there is said to have been an attempted break-in into a restaurant in Bremen . Therefore, according to information from the taz, the police officer Marcel B., who belongs to the civil service center , hid in a bush 1.5 kilometers away on Sankt-Magnus-Straße ( Walle ). When he saw V. de O., who came from Brazil and was 54 years old at the time, near St. Mary's Church at around 3:30 am, two witnesses said he was chasing him, "grabbing him [and] hurting him too Blows ". The man then allegedly fled, but was caught by the police and beaten again, causing him to fall. The policeman said he had spoken to the man, illuminated with a flashlight, identified himself as a policeman and showed the man his ID card. The policeman is said to have sat on the man's back. According to the police officer, the man tried to withdraw his arms from access, pulled on the jacket of the police officer and brought him into distress.

The taz reports: "[A] ls V. de O., lying on the ground," Polícia !, socorro !, polícia! "Calls and asks for his mom, Marcel B. pulls out the gun and says:" I am the police . "" According to the taz, the injuries were "the completely swollen left half of the face, cheekbone fracture , orbital floor fracture , maxillary sinus fracture with bleeding, bruises ". One of the paramedics called stated that he had not seen such an injury after a police operation in over 10 years of his service and that there had been "an embarrassed silence" among the police officers. The man had to be hospitalized for several weeks and said that he has had constant pain in his teeth, elbows, knees and surgical scars since then, as well as panic attacks and post-traumatic stress syndrome . He is in therapy and has made two suicide attempts. The officer later said that he was affected after the incident because the man was not the wanted burglar. However, he reported the man for resisting law enforcement officers . As of July 2015, the police officer was still working in the field and was charged with these events and a "false accusation" from autumn 2012. The presiding judge in the hearing before the Bremen District Court was Hans Ahlers, public prosecutor Udo Stehmeier, defense attorney for the defendant Temba Hoch. The man appeared as a joint plaintiff with lawyer Britta von Döllen-Korgel. Hans Jürgen Kaatsch was invited as an expert , who testified that the man had "become a victim of 'very massive violence'".

The taz reports on the medical assessment of the expert as follows: “It wasn't just a wipe away. [...] These are injuries as we know them from a car accident or boxing '[...]. [The man had] injuries in the mouth area, "below the nose, and without affecting it", [...] which means that the fall of the victim is completely ruled out as the cause, contrary to what the police witnesses on the first day of the trial suggested. Just as the defendant had originally claimed in his mission report, a single blow could not have been enough for the injuries on different parts of the left side of the face. [...] Kaatsch [found] his claim that he neither remembered which hand he had reached with nor felt any pain on the following day as highly doubtful. It must also be considered unlikely that the officer would have hit his counterpart in the face only in the context of a scramble, in close combat: 'There must also have been a backward movement here' […]. And as a legend he finally revealed the statement that the victim had shown no effect after the first blow: 'I don't want to say that this is inevitably a knock-out' […] [a] about this is an acute pain event. That cannot be without effect. Drowsiness, tumult and an eye that 'swells up immediately after the violent incident' - V. de O. might have been able to deal with that if he had been a well-trained martial artist. But that is not V. de O. And that also makes the statements, favorable to Marcel B., of his two colleagues who arrived at the scene later sound even more dubious than before. The representations of the eyewitnesses, however, are different. There is no evidence of the hail of blows they observed, with which the policeman V. de O. allegedly dealt with, but that would probably not have been expected: 'The first aid does not take place from a forensic point of view [...]. In the case of such head injuries, neurological findings must first be clarified, 'explains [Kaatsch]. Smaller blunt injuries on the trunk or neck, bruises, bruises, strangulation marks, hematomas - such things can quickly fall under the table, 'especially since Mr de O. has a dark skin color, where redness and bruises are sometimes harder to see' . "( From the article commissioner surcharge of the taz . )

The policeman admitted that "there might have been a second blow". The public prosecutor's office and co-prosecution both requested one year and six months in prison and emphasized the importance of trust in the legal system and a functioning police force. The defense saw contradictions in the testimony of a witness and the police officer's lack of motive and requested an acquittal . On May 8, 2015, the police officer was sentenced to one year and three months imprisonment on probation (probation period: two years) for bodily harm in office and to pay the man € 2,000 in compensation for pain and suffering. The presiding judge stated that the resulting mandatory removal from service was not a reason not to impose this penalty, as it was reasonable. The duration of the proceedings of a good two years was taken into account to slightly mitigate the penalty. The presiding judge said he had not seen such injuries after a police operation in his 20 years as a judge. The taz, the co-plaintiff's attorney and the defense raised an inaccuracy of the police witness statements. At the end of 2015, Marcel D. would be suspended from duty.

The defense and the public prosecutor's office are appealing the verdict, they wanted an acquittal or an even higher prison sentence. The appeal process began on April 27, 2017 at the Bremen Regional Court under the chairmanship of Maike Wilkens. Marcel B.'s defender was Temba Hoch, as in the first instance. Prosecutor was prosecutor Björn Rothe. V. de O. also appeared as a joint plaintiff on appeal. On August 14, 2017, the judgment of the local court was upheld and the appeals of the defendant and the public prosecutor's office dismissed.

Probation and sentence for pain and suffering

Hamburg

In 1992 there were 120 charges of assault in the office against the special unit of Guard 16, from which no criminal proceedings followed. In the 2000s, there were roughly 350 to 500 police suspects each year.

cases
date incident rating
June 8, 1986 On June 8, 1986, around 800 people were taken into police custody in the Hamburger Kessel between noon and 1 a.m. the next day . The Hamburg Administrative Court ruled on October 30, 1986 that the police cauldron was illegal. The encircled were paid 200 DM in pain and suffering. On January 18, 1988, the public prosecutor at the Hamburg Regional Court brought charges of deprivation of liberty against Lothar Arthecker ( Chief Police Director ), Alfred Honka (Chief Police Director ), Heinz Krappen (Chief Police Director ) and Heinz Rürup ( Police Director ). There was a deal in the room that included the termination of the case for minor guilt for three months' salary fine. In 1991 they were "found guilty of deprivation of liberty" by a criminal court Illegality of the police cauldron determined by a court
1994 In 1994, as part of the Hamburg police scandal , there were allegations of two mock executions of black Africans in the area of ​​the Hamburg free port, carried out by police officers at the station in Hamburg-St. George should have been exercised. An officer is also said to have brought six black black people naked into a collecting cell , then sprayed tear gas and closed the door. In addition, there are said to have been 60 cases of deprivation of liberty . The Hamburg public prosecutor's office investigated “against 'a large number of police officers'” for “ bodily harm , coercion and deprivation of liberty ” and heard 200 witnesses. Investigations
December 8, 2001 On December 8, 2001, Achidi John was " picked up on suspicion of drug trafficking [...] and immediately taken to forensic medicine." John was forcibly given the emetic ipecacuanha . Then he "fell to the ground", "the color of his face has changed, breathing and pulse have stopped". After three minutes, two emergency medical teams tried unsuccessfully to reanimate John. John died on December 12, 2001. "The autopsy [found] that John died of a lack of oxygen brain death caused by a cardiac arrest. The coroner confirmed that the corpse had a heart defect."

The public prosecutor's office closed the preliminary investigation in the summer of 2002. An enforcement action was unsuccessful. The Federal Constitutional Court "made it clear that it had never approved the use of emetics. In 1999, the court found that emetics' are not subject to any fundamental constitutional concerns with regard to human dignity and freedom from self-incrimination." But first, medical questions must be clarified. And: That says nothing about 'to what extent a forced administration is permissible'. " In terms of judicial policy, the case led to the administration of the emetic in Berlin and Lower Saxony being stopped. In Bremen, the Greens applied to end the practice of using emetics. The request was rejected.

case closed
July 8, 2009 According to the Hamburg District Court was in Hamburg Davidwache man in the 8 July 2009 thing decrease space from a police chief inspector twice slapped . Two colleagues from the riot police who were present then filed a complaint. The policeman was sentenced to a fine of 120 daily rates of 40 € for assault in office . Fine for assault in office
December 12, 2009 On December 12, 2009, the NPD set up a stand near a house in Hamburg-Blankenese . In the front yard of this house, a policeman pushed the daughter of a man who was on her way to his house. He identified himself as a father and went to the officer who had pushed his daughter. He was then thrown to the ground and handcuffed. The Hamburg-Blankenese district court sentenced the officer to a fine of € 4,200 for bodily harm in office and deprivation of liberty . Fine for assault in office and deprivation of liberty
June 26, 2010 After police violence against a " wild pisser ", there was violence against police officers in Neuwiedenthal , in which five police officers were injured, some seriously and one was life-threatening . Two men were charged with dangerous assault but were acquitted on September 23, 2011 for lack of evidence . The main witness , a police officer, had named the defendants as perpetrators in court, but refused further inquiries with reference to the right to refuse to testify , as proceedings for assault were pending against him; he is said to have hit the "wild pee" in the car with his fist. The lawyer of the critically injured police officer announced that he would go on appeal , in his opinion the main witness should not have been granted the right to refuse to give evidence. The public prosecutor's office withdrew its application for a revision because it saw "'[...] no prospect of success'". The appeal of the secondary action was dismissed by the Federal Court of Justice. No procedure.
July 07, 2017 The resident Sarah Nothdurft said she was yelled at by police officers on the way home, pulled to the intersection and kicked. A video shows how Nothdurft is thrown to the ground and police officers refuse to provide the service number. The police officers did not wear name tags or identification numbers. Nothdurft suffered a fracture of a wrist, an ulna and bruises on his back. Investigations

Hesse

In the years 2009 to 2012 there were around 900 reports and around 600 preliminary proceedings against police officers. There were 3 convictions.

Statistics Hessen

Years Show Preliminary investigation Penal orders or convictions Setting d. Procedure Disciplinary proceedings
2009–2012 approx. 900 1 approx. 600 1 3 1 73 (of which 67 for lack of sufficient suspicion; 6 because of insignificance ) 1 approx. 50 1
2009 2
2012 3
2013 441 2 15 2
2014 426 2 15 2
2015 351 2 11 2
1Information on (alleged) police attacks in the Frankfurter Rundschau based on a parliamentary question from Jürgen Frömmrich and the answer by Boris Rhein .
2Press release from the Hessian Ministry of the Interior .
cases
date incident rating
January 26, 2010 On the morning of January 26, 2010, the 28-year-old, mentally ill Alexander C. went to the Bürgerhospital in Frankfurt am Main . "Possibly because he was not directly admitted for treatment, he is said to have threatened his 35-year-old companion, with whom he was visiting, with a knife in front of the porter." The blade length is given as 6.5 cm. "When a patrol car arrived, it is said to have attacked the three officers in a threatening position. The man was shot three times - one in each leg, the third went through the liver and was fatal." In the room it said that Alexander C. was still lying on the floor and was kicked in the head by a police officer. The police said they acted out of self-defense. Alexander C.'s mother spoke of a provoked suicide . The investigation into the police officers ended in November 2011. An application for compulsory action from July 2012 was rejected and a constitutional complaint was also rejected by the Federal Constitutional Court in September 2013. Investigation stopped.
April 27, 2012 In Idstein , on April 27, 2012, a man was checked by the city ​​order police, he had to take off his jacket and put the contents on the floor. The Wiesbaden Administrative Court found that there was no legal basis for the control. A settlement was reached which the city of Idstein agreed to. Lack of legal basis noted
April 30, 2012 The younger brother of the man in the case of April 27, 2012 was present at the inspection and was asked by police officers on April 30, 2012 in Hünstetten to identify himself. Later, according to the Frankfurter Rundschau , the man pulled "[...] injuries that were bleeding heavily on the forehead, cheeks, nose and eyelids, hematomas on the upper arms and back, choking marks on the neck and eye injuries from pepper spray." A medical expert found that "[the] portrayal of the police officers [...] was incompatible with such injuries." A settlement was proposed in court that would have awarded the man € 4,000; the city of Idstein did not agree to the settlement. The case should be heard from March 26, 2013 at the Wiesbaden Regional Court . Ongoing proceedings.
May 31, 2012 According to the black American Derek Overton, he received too little change in a Wiesbaden supermarket on May 31, 2012 . According to Overton, he complained to the cashier and asked to call the police. When the cashier did not comply with the request, he went with (unpaid) goods from the supermarket towards the exit, according to his information, so that the cashier could call the police. For this act he was later sentenced to a fine of € 300 for theft . Overton said he was treated rudely by the police in the supermarket because of his black skin. Then, according to his statements, he was pushed out of the store. He is said to have described the incident to the two arriving police officers, which they did not want to record in writing. Later he went to the 1st police station in Wiesbaden. After telling his story, the police officer asked him to wait in the hallway. When the police officers arrived from the supermarket, Overton threatened them with reports . “The officer, who previously refused to take his testimony, asked Overton to go. 'He said he would otherwise kick me out,' says Overton. 'And I said,' Then you have to kick me out. '" Then "He was beaten, kicked, and peppered by police officers," resulting in "multiple bruises on his skull, right shoulder, wrist and right knee." According to Overton, the officials "attacked him for no reason". An eyewitness also said the violence was perpetrated by the police. According to the police, "despite repeated requests, he did not leave the station and then began to riot. Before that, he had insulted two police officers as 'shitty Germans'." The police officers were investigated for assault in office . The case against Overton for resisting law enforcement officers and assault was dropped in early 2013. Ongoing investigations (as of March 2014).
17th October 2012 On October 17, 2012, as a result of an underground ticket inspection at the Bornheim Mitte underground station , an argument between Derege Wevelsiep and four police officers broke out. Wevelsiep said he was beaten by a police officer and that he suffered a laceration on his forehead, which is why the police officer was investigated and charges were brought. Investigations against the other police officers have ended. In front of the Frankfurt am Main district court , all four police officers stated that Wevelsiep was not beaten. The defendant Matthew S. suspected that Wevelsiep hit his head on the patrol car. Judge Peter Alexander Pulch did not trust the statements of the police officers or Wevelsieps completely, but saw a blow as proven and sentenced the police officer Matthew S. at the beginning of September 2014 to a fine of 120 daily rates of 70 € for bodily harm in office and insult. P lay vocation one. The appeal should be heard from December 4, 2015 on three days at the Regional Court of Frankfurt am Main . In the second trial, the police officer was acquitted on May 31, 2016 of the charge of bodily harm in office. In its assessment, the court followed a medical report that came to the conclusion that Wevelsiep did not suffer a blow to the tear above his eyebrow, but rather when he got into the patrol car. Because the policeman had called Wevelsiep "dumb babbler" or "stupid babbler", S. was sentenced to a fine of 1400 € for insulting. The judge criticized the testimony of the other police officers: "[i] n 'wrongly understood collegiality and wrong understanding of law' they had conspicuously tried to exonerate the accused by either stating that they had not noticed anything or that they could not remember." Fine for assault in office and insult in the first trial. Acquittal of the charge of bodily harm in office in the second trial. Re-sentenced to a fine for insult in the second trial.
5th November 2012 On November 25, 2012, a man and a woman in Alt-Sachsenhausen were approached by two police officers about an administrative offense. According to the man, he and his wife are said to have been beaten or kicked later. According to the prosecutor, several witnesses saw no blows or kicks. The investigation against a police officer has been terminated. Suspension of the investigation.
1st June 2013 A police officer is suspected of having beaten a demonstrator during the demonstration, which is why he is being investigated for assault in office. Ongoing investigation.
1st June 2013 During the Blockupy demonstration on June 1, 2013 , police officers from a hundred from Leverkusen used pepper spray against journalists. The administrative court in Frankfurt am Main ruled on December 3, 2014 that this use of pepper spray was illegal. In the absence of individual identification of the spraying officers, these could not be determined. illegal use of pepper spray.
July 16, 2013 On the night of June 17, 2013, after the night prayer , young people were out and about in Offenbach's Eberhard-von-Rochow-Strasse . Residents believed they had seen a break- in and called the police. During the control by the police there were fights. Police used batons and pepper spray, injuring three young people. A youth suffered a laceration that had to be stitched. A policeman was also injured. According to the lawyer of one of the young people, the reason for the physical abuse was the discussion about the legality of the control. Police said the youths would have the personal determination resisted and attacked policemen. The youth and eyewitnesses said the police officers were responsible for the violence and that they were aggressive from the start. The youth and the police officers were investigated. Ongoing investigations (as of October 2013).
April 15, 2014 On the evening of April 15, 2014 around 9:30 p.m., a 37-year-old, mentally ill man (1.90 m tall, over 130 kg heavy) kicked in the door of an apartment building on Dexbacher Strasse in Biedenkopf , which is why the residents opposed it Called the police at 9:35 p.m. According to the public prosecutor's office in Marburg , the man resisted detention , he should be taken to a hospital, and hit the police. The man was brought to the ground and handcuffed behind his back. Since the man could still not be reassured, rescue workers and an ambulance were called. When the rescue workers tried to give a sedative , breathing stopped; Resuscitation measures by the rescue workers and later the emergency doctor were unsuccessful - the man died around 11 p.m. According to a preliminary autopsy result , the findings suggest a positional asphyxiation ; the prone position , in which the man was brought by the police, could not be ruled out as a "cause or at least part of the cause" for the death of the man. Other causes should still be discussed. The investigators ruled out any blows, kicks or chokes against the man. The four police officers involved have been investigated for negligent homicide . The investigations were practically conducted by the Hessian State Criminal Police Office . In April 2015, it was reported that prosecutors had stopped investigations. "There is no evidence that the officials could have acted negligently." Investigation stopped.

Mecklenburg-Western Pomerania

cases
date incident rating
February 2016 In the village of Lutheran near Lübz, a mobile task force of the Hamburg police stormed a Dodge Ram in front of a butcher shop on February 12, 2016 by wedging the vehicle with five civilian vehicles and getting out with guns drawn; they were heavily masked and unrecognizable as police officers. When the 27-year-old driver tried to accelerate and slightly injured a police officer in the knee, another police officer shot the driver. He was in a coma for seven days and lost his right eye. The police wrongly assumed that the driver was Nico S., well-known in the Hamburg red-light scene, who was wanted by arrest warrant and who had only been accessed by the Mecklenburg-Western Pomerania police special task force in Plau am See two days earlier failed. While the proceedings against the police officer were discontinued by the Schwerin public prosecutor's office, they investigated the victim for dangerous bodily harm and resistance to law enforcement officers. The Ludwigslust district court acquitted the accused in 2018: the criminal judge severely criticized the actions of the Hamburg police; In particular, it is completely incomprehensible why the police officers never identified themselves as such, so that even the villagers assumed an attack by criminals, fled the village in a panic and made emergency calls to the police. In addition, the officials would have used a six-year-old photo of the wanted Nico S. and not even made a comparison with the actual driver. A civil court action for damages and compensation for pain and suffering is still pending against the state of Hamburg. Investigations against the police officer suspended.

Lower Saxony

Cases of police violence were reported in Lower Saxony in connection with anti-Castor demonstrations .

Statistics Lower Saxony

year Convictions due to Assault in office
1999 2
cases
date incident rating
November 2010 At the beginning of November 2010, a uniformed French police officer from the CRS was present at an anti-Castor demonstration in Wendland . According to the public prosecutor's office in Lüneburg , on the one hand he detained demonstrators in order to find out their personal details after being insulted , and on the other hand he took part in clearing a track blockade. Several criminal charges for presumption of office led to an investigation against the officer, which was discontinued in April 2012 because the suspicion of presumption of office had not been substantiated. The reason given was that adherence to identity had been permitted by the right to arrest anyone ; when clearing the track blockade, the police officer "[...]" disregarded his internal authority allocation "." However, this did not meet the requirements of presumption. case closed
November 27, 2011 In November 2011, the police in the Lüchow-Dannenberg district formed a police cauldron around around 3,000 anti-Castor demonstrators and provisionally arrested around 1,300 of them. The district court of Lüneburg ruled in 2013 that the preliminary arrests were unlawful. Judged to be unlawful.
2014 and 17./18. January 2015 In 2015 it was reported that the Hanover public prosecutor's office had initiated an investigation against the "39-year-old federal police officer [Torsten S.] from Hanover" on suspicion of bodily harm in office and violating the weapons law . He is said to have "strangled a refugee from Afghanistan and dragged him through the guard with ankle shackles on. In another case, there is suspicion that a Moroccan was humiliated in his cell, for example by being given spoiled pork meat to eat." The allegations became known as the torture scandal . The German police union demanded "against the background of the accusations again to install video cameras in corridors and in detention cells, also to protect the police from unjustified accusations." Günter Burkhardt , managing director of Pro Asyl , said "The scandal in the scandal is the inaction of those who knew it in police uniform." In 2016 it was reported that Torsten S. hit, kicked and abandoned a homeless man on the outskirts of the city on the night of January 17-18. The man is said to have gone to a house himself, whose residents then called the police and they called an ambulance, which took the man to the hospital. At the beginning of April 2016, the public prosecutor brought charges on suspicion of violating the gun law and on suspicion of "possession of child pornographic files." She had stopped the investigation into the allegations of bodily harm in the office "in the absence of sufficient suspicion". Preliminary proceedings on suspicion of bodily harm in office suspended. Charged on suspicion of violating the Arms Act.


North Rhine-Westphalia

Statistics North Rhine-Westphalia

year Assault charges Convictions
2010 at least 1
2011 at least 2

Between 1997 and 2002 there were a total of 37 proceedings on suspicion of bodily harm in the office of officers of the Eigelsteiner Wache.

cases
date incident rating
unknown "In Cologne, the lawyer Sybille H., 49, was arrested after a marital dispute and beaten several times by an officer." "The policeman was fined 7,000 marks."
December 8, 2000 A police officer learned through hearsay that the 49-year-old tiler Josef Hoss in Sankt Augustin is said to be in possession of firearms and hand grenades. The case was forwarded to the public prosecutor's office in Siegen , which obtained a search warrant from the Siegburg local court . The search warrant was carried out on December 8, 2000 by SEC officials. At least three (probably a total of 12) masked officers stormed towards Hoss in his van in front of the house. Hoss locked the doors, so the officers broke the windows and pulled him out and beat him. Hoss suffered bruises and a fractured rib . Since then he has been unable to work and 80% severely disabled .

The public prosecutor's office stopped investigations against the SEK.

The Bonn Regional Court convicted the state of North Rhine-Westphalia to be paid on 15 February 2008 Hoss pain and suffering in the amount of € 30,000 since the operation against the principle of proportionality had failed and was therefore illegal. The Cologne Higher Regional Court rejected the appeals by Hoss and the State of North Rhine-Westphalia on October 30, 2008. In its justification, it stated that the suspicion of gun possession was so vague that a "[...] particularly prudent procedure to prevent avoidable burdens for the possibly wrongly accused [...]" would have been necessary for arrest from the Vehicle out does not show. The determination of the amount of the compensation was entrusted to the regional court. In May 2010 it was reported that the Cologne Higher Regional Court upheld the judgment of the Cologne Regional Court, which set the amount of damages at € 30,000 (AZ .: 7 U 53/08 ).

Violation of the principle of proportionality. Payment of compensation for pain and suffering.
May 11, 2002 Stephan Neisius got into an argument with his mother and rioted in the apartment. The police officers called by neighbors arrested him under resistance and took him to the police station. During the course of the police operation, he was beaten and kicked several times by the police. He fell into a coma in a clinic where his blood was to be drawn. He passed away two weeks later. Six police officers were charged. "According to the judges' verdict, the mistreatment by the police officers was' not directly the cause of death ', but had an' indirect 'influence on the death of the 31-year-old victim." The police officers were given suspended sentences ranging from 12 to 16 months. The events became known as the Cologne police scandal. Suspended sentences
February 27, 2008 Adem Özdamar, who was presumably under the influence of drugs and rampaging, was fixed on his stomach on a stretcher at a police station in Hagen on February 27, 2008 , where he collapsed until the ambulance called. The public prosecutor's office investigated 11 police officers. After an expert opinion came to the conclusion that a high probability of an overdose of cocaine was the cause of death, the investigation was discontinued. Investigation stopped
September 21, 2008 During a counter-demonstration against the citizens' movement pro Cologne on September 20, 2008, several hundred people were arrested in police cauldrons , buses and prisoner assembly points, some of them between 2 and 3 p.m. and between 5 and 8 a.m. on September 21 . The Cologne Administrative Court ruled on September 16, 2010 that the deprivation of liberty , the transfer to the prison collection center and the detention of a plaintiff there were illegal. judged to be unlawful
March 30, 2009 A man "smoked cigarette smoke with noticeably moist air, that is, breathed air mixed with spit particles" in the face of a police officer. He then hit the man in the face with the flat of his hand, which led to an orbital floor fracture and a monocular hematoma . The man ran his head against the policeman's stomach. After the man paid a fine of € 300, the proceedings against him were dropped. In July 2011, the police officer was sentenced to a fine of 30 daily rates of 65 € for bodily harm in the office , because the judge of the negotiating district court found the blow "'not covered by the self-defense law" ". Both prosecution and defense submitted appeal a. The Bonn Regional Court ruled on December 9, 2011 that the police officer was acquitted because smoking "represents an unlawful attack not only against the honor, but also against the physical integrity of the accused." In another case of self-defense against cigarette smoke without the involvement of the police, the Erfurt district court ruled in favor of a woman who had been smoked. A man had blown her "smoke 'mixed with saliva particles'" into her face, while she defended herself with a glass throw against the man's head. The court saw the man's actions as bodily harm and the woman's reaction as permissible self-defense. Judged to be lawful.
October 2010 A youngster was handcuffed by the police in October 2010 after a chase in Bonn. The youth now kicked a police officer several times, who defended himself with a blow on the youth's head. The police officer was acquitted of the charge of bodily harm in office because the court believed the blow was self-defense. Judged to be lawful.
June 19, 2011 When the special task force attacked a grocer at the Cologne wholesale market , there was an exchange of fire in which the officers fired a total of 109 shots at the man, twice as many shots as are otherwise fired by police officers nationwide in a whole year. The man had to undergo operations a total of 19 times and since then has no longer been able to use his left hand, and he also had to file for bankruptcy for his grocery store. The reason for the access was a complaint from his wife of threats and illegal possession of weapons. While the special task force appealed to self-defense and claimed they struggled after the man opened fire on them, the media later released a video of the operation contradicting the officials' statements. In 2016, the Cologne Regional Court acquitted the accused of attempted manslaughter. Although the court actually assumed, despite numerous contradictions, that the defendant shot the officials, it considered self-defense as given, since the officials did not reveal themselves as such; a single call to the "police" was not heard due to the noise of the engine of the defendant's vehicle, an Audi R8 . However, the court sentenced him to one year probation for illegal possession of weapons. On the appeal of the accused, the Federal Court of Justice overturned the judgment of the Cologne Regional Court in autumn 2017 and reprimanded the inappropriately long duration of the proceedings (almost five years), which was incorrectly ignored in the sentence. The case was referred back to another criminal division of the Cologne Regional Court. The Cologne Regional Court completely dismissed a civil law suit for compensation for pain and suffering in the amount of 400,000 euros.
November 2012 At the beginning of the incident, the police were called twice to a man's apartment in Moers for disturbing the peace . The second time, the man is said to have intended to close the door immediately after opening it. A police officer is said to have pushed open the door, the man "[...] purposefully grabbed the neck and squeezed it shut" and asked him if he was kidding. The policeman denied the grip on the neck. The Rheinische Post writes "At best he used force in the lower area and wanted to calm the man with a light blow to the stomach or shoulder " or " During the operation he knocked him out of action with a light blow in the stomach area Assuming there was no grip on the neck or choking. "A doctor attested swelling on the man's neck. The man was then handcuffed and taken to the police station . The police officer was sentenced to a fine of € 7,200 for bodily harm while in office before the Moers district court . In the appeal that moved Landgericht Kleve the setting of the proceeding with a money Edition connected to the granting of deeds, which rejected the prosecutor's office. The district court of Kleve upheld the fine of € 7200. Fine for assault in office
17th June 2014 On June 17, 2014, Hüseyin E. was checked in his car in Herford for talking on a cell phone. The man was given a breath alcohol test, which was negative. In the further course of the proceedings, in which the man and his cousin possibly insulted or provoked the police officers, the police are said to have tried for no reason to fix the man against whom he was resisting. Two policemen are said to have broken this resistance against law enforcement officers with two punches in the face or a kick between the legs and pepper spray. The man and his cousin (passenger, according to Der Spiegel) were charged with resistance and assault in January 2015; a police officer is said to have given false information. A second policeman is said to have helped the first one, knowing the circumstances. Furthermore, an attempt was made to receive compensation from the man. The man in turn reported the police officers. In the main hearing against the men at the district court on May 4, 2015 , it became known that the public prosecutor's office had only seen individual images of the video recording from the police car, giving the impression that the aggression was emanating from the man and his cousin. After viewing the whole video, both men were acquitted. The court expressed doubts "about the legality of the police official acts". A police officer is said to have apologized to one of the men by saying, " I overreacted. I'm sorry ". Following the proceedings, the North Rhine-Westphalian Ministry of the Interior transferred the investigations from the Herford police headquarters to the Bielefeld police headquarters . The Bochum public prosecutor then investigated the 35- and 39-year-old police officers and filed a lawsuit with the Herford district court at the end of November 2015 . Proceedings against two other police officers involved were discontinued because the police officers could not have realized that the other police officers were possibly unlawful.

On September 26, 2016, the police officer was sentenced to one year and three months' probation for persecuting innocent people, assaulting people while in office and attempting fraud.

The appeal proceedings were opened on September 15, 2017 by a judge at the Bielefeld Regional Court , who had just returned to work after being seriously injured by a mentally ill person. A lawyer who did not want to be named said after the trial that the judge was "obviously not able to stand trial."

Preliminary sentencing to one year and three months probation for persecuting innocent people, assaulting and assaulting an officer and attempted fraud
3rd July, 2016 On July 3, 2016, the then 25-year-old CSD participant Sven was beaten, kicked and arrested by police officers after a scuffle in a fast food restaurant in Cologne. When insulted by a police officer, he responded with an insult. The victim was released at night in wet underwear. The Higher Regional Court of Cologne acquitted the victim on February 20, 2020 of the charge of bodily harm and resistance against state violence. Investigations are ongoing (as of February 2020)
July 9, 2018 On July 9, 2018, Pawel Ilyenko died in Rietberg-Mastholte during a police operation after the use of violence. The man was confused and aggressive that day for unknown reasons but was not under the influence of drugs. He was fixed by local residents and police officers using massive violence and died at the place of the fixation. A photo of the deceased and the statements of witnesses who were not heard by the police and the public prosecutor's office, confirm the excessive use of force, according to the Hamburg attorney, Alexander Kin, hired by the family. According to the Bielefeld public prosecutor's office, the use of force was not the cause of death. The case is documented in numerous articles in the Neue Westfälische. The cessation of the investigation is reported on https://www.nw.de/lokal/kreis_guetersloh/rietberg/22540705_Tod-bei-Polizeieinsatz-in-Mastholte-Staatsanwalt- stellen-Ermittlungen- ein.html. Investigations by the Bielefeld public prosecutor's office stopped.
11th July 2018 On July 11, 2018, there was violence at Bonn's Hofgarten . After the Jewish philosophy professor at the Johns Hopkins University , Yitzhak Melamed , who was in Bonn for a guest lecture, was assaulted on the street by a 20-year-old German of Palestinian origin, the Bonn police who were summoned did not beat up and humiliate the aggressor, but rather its 50-year-old victim. After the mistake came out after some time and numerous slaps in the face, the police chief responsible personally apologized for the misconduct of her subordinates. In the press release, however, accusations were again made against the victim of the police assault that he had resisted . The professor emphatically denies these allegations. The Bonn police could not be reached to comment on the accusation of lies, Spiegel writes online. According to the police press release, internal investigators from the Cologne police headquarters are responsible for the investigation of the officers deployed for bodily harm in the office for reasons of neutrality. Investigations against the assaulting police officers are still ongoing

Rhineland-Palatinate

cases
date incident rating
22. May 2013 According to information from the Rhein-Zeitung , on May 22, 2013, a temporarily arrested man sitting on the floor in Westerburg was hit by a police officer and hit and kicked by another. She cites a leaked video of the police operation that is supposed to show the scene. The prosecutor's office Koblenz opened two investigations: the first against the two police officers who allegedly beat the man, because of bodily harm , the second because of obstruction of justice in office against two other police officers present, as they neither intervened nor criminal charges would be reimbursed. The Betzdorf Criminal Investigation Department was commissioned with the investigation . The police officers who may have been the man struck in the back office implemented and were against them disciplinary measures initiated. The police chief of the Koblenz police headquarters has "[...] imposed a temporary ban on the conduct of official business, which equates to a temporary suspension of service." It is assumed that the man threatened to infect the police with hepatitis C and one Police officers are said to have spat in the face. The interior minister of Rhineland-Palatinate, Roger Lewentz , said at a press conference: " I do not accept attacking police officers. I also do not accept violence that goes beyond what is necessary and what I saw there makes one very doubtful was an operational necessity. "On November 8, Der Spiegel reported that the public prosecutor's office had brought charges against the two police officers accused of unjustified blows or kicks. The process should begin on April 15, 2014. In fact, the trial began on September 16, 2014 and ended the following day with a conditional warning . The case against the two other police officers was dropped. The man is charged with theft , opposing law enforcement officers , assault and libel in court. This process began on January 15, 2014 at the Westerburg District Court . Warning with reservation of punishment

Saxony

Statistics Saxony

In 2014, proceedings were initiated against 182 police officers on suspicion of bodily harm. No guilt was found in any of the cases.

Cases of police violence

date incident rating
September 28, 2013 Before a football game in Zwenkau on September 28, 2013, around 20 " ultra-typically dressed [e]" fans are said to have stolen goods worth around € 500 in a supermarket. After the end of the game, "75 officers [] [...] including special forces from a so-called evidence preservation and arrest unit " were supposed to establish the identity of the alleged shoplifters. This created chaos and the officers used batons and pepper spray. According to the police, a total of six people were injured, including two police officers. According to a statement by the police officer Swen G., the 27-year-old viewer molested Marco H. and threw a full beer mug at the police. To establish their identity , they suddenly wanted to seize H., who was filming the police action, "because [G.] would not have had the physical prerequisites for a longer persecution." H. was pulled to the ground by Swen G. and Sascha S. and charged with resisting law enforcement officers. H. "suffered abrasions and pain." His cell phone was also damaged.

“The brutality of the police officers against an apparently uninvolved witness who only films is particularly disturbing: the destruction of the telephone does not in any way fit into the depiction that evidence was sought. At other points in the video, the officers shouted 'Camera gone!' to hear what gives rise to the suspicion that the police were not overly interested in documenting what happened. "

- Andrei Reisin

Udo Vetter said:

“The police have no right not to be filmed at work. A police operation in public space is a public event. In this context, the Federal Administrative Court has clearly established that police officers are not private individuals when carrying out their duties and that there is a public interest in information about police operations. [...] Only if the officers were unnecessarily hindered in the performance of their work could they, for example, issue a dismissal to a filming person in order to avert danger. But it is not enough for someone to just stand on the edge and film. "

- Udo Vetter

Kerstin Köditz made two small inquiries about the police operation around the game in the Saxon state parliament .

On February 4, 2016, the trial began of the 36-year-old police chief inspector Swen G. and the 28-year-old police sergeant Sascha S. at Leipzig District Court . The public prosecutor applied for a fine of 140 daily rates of € 65 each. G's defense attorney, Rainer Wittner , pleaded for acquittal. Robert Oeltz , the lawyer of co-plaintiff H. demanded a conviction for both police officers. On February 11, 2016, Swen G. was sentenced to a fine of 90 daily rates of 65 € for dangerous bodily harm in office and deprivation of liberty . In the grounds of the judgment, Judge Andrea Niermann said that there were no indications that H. had escaped; the officers had to speak to H. first to establish his identity. Sascha S. was acquitted because he "only reacted in the confusing situation for him and followed his superior."

A conviction for bodily harm in office and deprivation of liberty and an acquittal.
September 2014 and February 2015
  1. Facts: On the morning of September 28 2014, the 28-year-old to police chief in the riot Tim R. at a security check at the Stadthalle Chemnitz the 33- or 34-year-old Steve have beaten P.. According to the man, he was on his way home from the nightclub. Because he did not have his ID with him, he was put by the police car and searched before he was suddenly beaten. According to the police officer, P. resisted and attacked the police officers.
  2. Facts: On February 23, 2015 in Chemnitz, the 16-year-old protester Jonathan T. was punched in the side at a Pegida counter-event by Tim R. at the Karl Marx Monument . The police department initiated an investigation on suspicion of bodily harm in the office.

Both issues were negotiated in 2015 at the Chemnitz District Court . In the first case, the prosecutor called for an 11-month suspended sentence, and Tim R.'s lawyer called for an acquittal. On July 22, R. was sentenced to a fine of 130 daily rates of 65 € for assault in office . In the second case, on October 7, 2015, R. was sentenced to a fine of 60 daily rates of € 60 each.

R. lay vocation one against the judgments. The facts were negotiated again, this time together at the Chemnitz Regional Court . On February 8, 2016, both judgments were overturned. In the first case, the reasons for the reversal of the judgment, according to the judges, were contradicting witness statements and the fact that the injuries of the injured party did not match the alleged course of events. On the second issue, the presiding judge Dirk-Eberhard Kirst said that the demonstrator had not been taken away for no reason, but was suspected of disguised as a criminal offense . The demonstrator wanted to stand up, Tim R. wanted to push him down again, which failed, which is why he used a shock technique that was "still proportionate".

The prosecution revision against the judgment of the District Court. The Dresden Higher Regional Court upheld the appeal and referred the matter to the Regional Court for a new decision.

There, in the new procedure, the shock technique was rated as disproportionate and a warning with reservation of punishment was issued against R.

The public prosecutor's office appealed against this judgment.

Saxony-Anhalt

Cases of police violence

date incident rating
August 2012 At a demonstration in Halle (Saale) in August 2012 , a 26-year-old police officer is said to have kicked a 25-year-old man in the abdomen . The consequences were several operations (the man had to have a testicle amputated) and permanent damage. The assault proceedings in office were suspended and resumed following a complaint from Sven Adams, the man's lawyer. After 4 days of trial and 25 witnesses, the police officer was acquitted on April 7, 2014 in the Halle (Saale) district court because they had doubts about the guilt of the police officer. "According to Judge Kathleen Aschmann, the taking of evidence could not prove beyond doubt that the defendant was guilty." According to reports from the MDR, the public prosecutor and defense were in agreement that the injury was caused by a police officer. acquittal

Thuringia

After an unlawful use of police violence in November 2002, in which Thuringian police officers beat colleagues from Schleswig-Holstein who were in civilian clothing, the Interior Minister at the time, Andreas Trautvetter (CDU), felt compelled to have the accused appear in court to vouch for. The police officers were sentenced to probation for assault in office. Trautvetter then announced that in future only administrative assistance would be provided if it was ensured that there were no plainclothes policemen among the demonstrators.

Statistics Thuringia

year Investigation process due to Assault in office Completed procedures due to Violence and exposure
thereof termination of proceedings of which issuing a penalty order of which bringing charges
2009 56 18th 0 0
2010 51 23 2 0
cases
date incident rating
November 4, 2002 Thuringian riot police rendered on 4 November 2002 in the evacuation of the caravan site Bambule in Hamburg assistance . Three Thuringian police officers from a special command beat two police officers from Schleswig-Holstein who were among the demonstrators in civilian clothes with batons. The two police officers were on sick leave for a week and filed criminal charges against the police officers from Thuringia. The Hamburg public prosecutor's office was investigating assault in office; later charges were brought. When the defendants did not appear before the Hamburg district court due to identical certificates from Erfurt medical officers , the judge spoke of courtesy reports and issued arrest warrants . The then Interior Minister Andreas Trautvetter (CDU) vouched for the appearance of the accused, which is why the arrest warrants were suspended, subject to conditions. On July 4, 2003, the police officers were sentenced to one year suspended prison sentence for bodily harm. Two of the police officers appealed the sentence . On September 3, 2004, they were sentenced to 10 months suspended prison sentence before the Hamburg Regional Court . Trautvetter then announced that in future only administrative assistance would be provided if it was ensured that there were no plainclothes police officers among the demonstrators. The Hamburg public prosecutor's office initiated proceedings against the Thuringian medical officers because of the possible courtesy reports. The police director of the riot police Roland Richter received a penalty warrant for false testimony ; he objected to it. On September 30, 2004, the taz reported that Richter had accepted a penalty warrant for six months' probation and payment of € 5000 to a non-profit organization. Conviction for assault in office

Cases in France

Police violence at the Charonne metro station in 1962

Cases in Austria

Between 1999 and 2006 several Africans died as a result of police violence in Austria.

  • In 1999 Ahmed F. died during a drug control in Vienna. Witnesses said they were beaten by police for 20 minutes.
  • In 1999, the 25-year-old Nigerian deportation prisoner Marcus Omofuma died in police custody on the flight to Sofia. The three immigration officers who, according to witnesses, had handcuffed and gagged him in the machine were convicted of negligent homicide under particularly dangerous circumstances.
  • In 2000, 26-year-old Richard Ibekwe died in prison - a few days after he was arrested and ill-treated.
  • In 2001, 19-year-old asylum seeker Johnson Okpara from Nigeria jumped out of a window on the second floor of the Erdberg Juvenile Detention Center during an interrogation.
  • In 2003 Seibane Wague was killed in an act of violence. Ten emergency services and police officers were involved. Most of the ten defendants were acquitted.
  • In 2004, 38-year-old Edwin Ndupu died in the Krems / Stein prison after being beaten by around 15 prison guards for so long that he was no longer able to get up.
  • In 2005 the 18-year-old asylum seeker Yankuba Ceesay from Gambia died in a "security cell" at the police holding center in Linz . He went on a hunger strike seven days earlier to protest his poor detention conditions.
  • In 2006, Essa Touray drowned during a police operation under circumstances in need of clarification in the Danube Canal.

A study carried out by the Research Center for Police and Judicial Sciences (Austrian Center for Law Enforcement Sciences, Ales) under the direction of criminal lawyer Susanne Reindl-Krauskopf showed that complainants are on average male, between 18 and 34 years old and Austrian. Ten percent are of African origin. More than half of the complainants were under the influence of alcohol or drugs or had psychological problems at the time of the crime. For the period from 2012 to 2015, it became apparent that most investigations were discontinued because no criminal behavior could be proven, the offense of bodily harm was not fulfilled, the victims were not questioned because the allegations were unfounded or were withdrawn.

In connection with the discrepancy between the number of abuse allegations and the comparably small number of resulting legal proceedings, Manfred Nowak , former head of the Ludwig Boltzmann Institute for Human Rights , criticized the Austrian police for "investigating themselves" in such cases. He spoke out in favor of an independent investigative body with the same powers as the criminal police, which should carry out the investigations in these cases.

United States

People killed by US police forces from 2013 to 2019 inclusive, by population group and risk potential
Armed 1609 1135 2927 106
Unarmed 336 201 452 12
total 1945 1336 3379 118
Population group black Hispanics white Asians
Share of the group

of the total population

13.4% 18.3% 60.4% 5.9%
Share of the group

those killed unarmed

34% 20% 45% 1.2%

In 2013 the Black Lives Matter movement was founded, which regularly calls for protests and actions against racism and police violence. In some cases of use of firearms with fatal occurrence of demonstrations, sometimes serious riots and riots, especially when unarmed were shot or if recorded by eyewitnesses smartphone videos the disproportionate occupy a police operation, such as in the cases of Tamir Rice and Michael Brown .

In US history, however, there have been many different police violence events that led to protests. B. Bloody Sunday on Edmund Pettus Bridge or the riots in Los Angeles in 1992 after the acquittal of the police officers who beat Rodney King . Police violence against local residents was also considered to be one of the main causes of the extent of the riots in Detroit in 1967 .

Studies by the renowned American scientific association “National Academy of Sciences” showed in a large-scale study in 2019 that there was no statistical evidence of racism in the American police.

Protests broke out in 2020 following the death of George Floyd .

Problems

Various problems are discussed around the subject of police violence , which are presented in the following sections. Norbert Pütter , professor at the Lausitz University of Applied Sciences , sees seven points as a particular cause of inadmissible police violence : "

  1. on the individual level from the personal deficits of the police officers,
  2. the lack of professionalism of the police officers in certain situations ,
  3. from the police working conditions , which are characterized by overload, stress and frustration,
  4. from the violent male subculture that prevails in basic police departments,
  5. from the peculiarities of the police institution ,
  6. from the unlimited provisions of the right to intervene and
  7. from the way politicians deal with the police. "

According to Pütter, police attacks often take place in police cars or police stations, often affecting "[...] drug addicts , homeless people , prostitutes and members of ethnic minorities [...]" as well as demonstrators and journalists. Norbert Siegmund from the RBB carried out research on the characteristics of the people who were killed by the use of weapons by the police in Germany . According to his results, which refer to the years 2009 to 2013, around 2/3 of the people killed were "[...] either mentally ill [...] or the police were already known to have had psychological problems". He refers to experts who demand more training for police officers on how to deal with mentally suspicious people, because the "normal" procedure, as used against "normal" troublemakers , leads to an (actually avoidable) escalation in the case of mentally suspicious people.

Internal leadership problems

Joachim Kersten says: "The management often lacks the necessary sensitivity with regard to the support of civil servants who work in particularly difficult situations [...]." "Unfortunately, in Munich it is the case that a rather rough style is common and apparently is also not subject to the necessary control from above. "" Amnesty speaks of a harsh climate in Bavaria [...] "The reform of the Berlin police under Dieter Glietsch is cited as a positive example :" [He] got rid of confusing management structures and set up a complaint management system . There, police officers were able to report attacks by colleagues […] ”The Süddeutsche Zeitung continues:“ But it was more important, [Ehrhart] Kötting believes, to encourage young police officers to deal openly with their own mistakes. ”“ […] However, officials remain who complain about a fatal corps spirit, preferably anonymous. They report how difficult it is to moderate or report rough colleagues. "

Police officers do not need to be labeled

Due to the lack of mandatory labeling for police officers , a case in which the public prosecutor assumes "[...] assaults [against fans] by the police officers" had to be closed because the police officers "could not be individualized". In another case, the public prosecutor found "[...] that there had been disproportionate violence [...]" during which the police officers were masked. As a result (in combination with the lack of identification) the alleged perpetrators could not be identified. Amnesty International recognizes a problem in Germany that goes beyond these cases and hopes for a better clarification rate. The Süddeutsche Zeitung comes to the conclusion, "A labeling requirement would increase trust in the police: civil servants and citizens would be treated equally, crimes on both sides could be punished equally." The SPD parliamentary group takes the following position: "An individual labeling requirement for federal police officers and policemen is an expression of a modern and community-oriented police force and is also suitable to (at least) facilitate the investigation of criminal offenses in the ranks of the police. ” Dieter Glietsch introduced mandatory identification during his time as police chief in Berlin. Before the Landtag of Brandenburg he explained that Klaus Rogall , Professor of Criminal Law at the Free University of Berlin , came to the conclusion in a study that "[...] that an individual identification of the police officers deployed would clarify the crime reported in 12 [of 131 ] Cases. ”In a major question to the federal government , Volker Beck , Kai Gehring , Ingrid Hönlinger (all of the Greens),“ [other MPs] and [the] faction of ALLIANCE 90 / THE GREENS ”put the following preliminary remark in front of them:“ All Police officers in the office should be identifiable by a visible label. This enables the investigation of illegal attacks by police officers on citizens and at the same time has a confidence-building effect. "

Lack of an independent investigative body

From the perspective of Panorama magazine , the “frequent reason” for the “very low” “clear-up rate for police assaults” is: “Internal investigative bodies are responsible for investigating the incidents - police officers investigate their own colleagues.” Tobias Singelnstein, Junior Professor for Criminal Law and Criminal Procedure Law, believes “that institutional proximity - police investigate against police - is a problem; because even then it is the case that an investigation is being carried out against colleagues, and that one is dealing with accused persons for whom one is more likely to understand. ” Panorama sees the solution as :“ Instead of internal investigators, independent bodies would have to be involved. ”

Amnesty International (AI) also sees a problem in the fact that "the police [...] should investigate themselves". Furthermore, AI criticizes the proximity between the police and the public prosecutor's office in connection with the investigation of police violence.

When asked whether "Special departments for police violence in the public prosecutor's office and in the courts" would change anything, Singelnstein replied: "Independent supervisory bodies would be better." In relation to the interests of police officers towards their colleagues, the former Berlin Senator Ehrhart Körting is the Opinion: “Ultimately, there is always the problem that officers in the colleges are in a difficult situation when they have observed a case where something has gotten out of hand. Therefore it would be wise to set up a contact point outside of it. "

An article in the magazine quer claims: “So that the reputation of the police does not suffer further, accusations of beatings should be resolved impartially.” In the same article, Joachim Kersten , professor at the German Police University, explains : “We need external controls because it is now becoming apparent - in several cases - that the public prosecutor's office alone is not enough. This argument we have a constitutional state and the public prosecutor's office controls the police no longer convinces me as a scientist. Too much has happened for that. "Michael Siefener, press spokesman for the Bavarian Ministry of the Interior , replied:" Nothing is being swept under the carpet. Every allegation and every complaint against the Bavarian Police is carefully examined; on the one hand by the central investigation offices, on the other hand by the public prosecutor's office. ”The Bavarian Minister of the Interior Joachim Herrmann moved the internal investigators from the police headquarters to the Bavarian State Criminal Police Office .

In the session of the Bavarian State Parliament on February 21, 2013, the parliamentary groups of SPD Bavaria , Bündnis 90 / Die Grünen Bayern and FDP Bayern demanded "[...] a completely independent authority for internal investigations."

Misunderstood spirit of the corps / "Wall of Silence"

Norbert Pütter, professor at Lausitz University of Applied Sciences , presents three points that lead to a "police culture " or " cop culture ":

  1. the image of the police officers fighting against “social chaos”
  2. the feeling of togetherness due to the dangerous nature of the job
  3. the option of violence

According to Pütter, the 'cop culture' could explain a police “[…] attack as a result of being in the front against people who seem to threaten the order to be defended by the police officers”. Likewise the “wall of silence”.

Monika Lüke , then general secretary of the German section of Amnesty International, said in the mirror : "The corps spirit , the misunderstood feeling of unity leads to the police officers covering each other."

Tobias Singelnstein, junior professor at the Free University of Berlin, comments on this in the Süddeutsche Zeitung : “[One can] regularly observe what is referred to in criminological research as the ' wall of silence ' or the 'corps spirit': that civil servants usually do not to testify against officials. You don't want to be the one who hangs out on your colleagues. If a colleague does testify, he must reckon with negative consequences. ” Spiegel author Carsten Holm wrote in 1999:

"More conspiratorial than surgeons and more ironic than soldiers, police officers adhere to the unwritten law of silence when it comes to crimes within their own ranks."

- Carsten Holm

Joachim Kersten, professor at the German Police University, commented on the accusation that police officers absolutely need to protect their colleagues: “There is often a reflexive protection in the [police] leadership. You stand in front of the officials and say that there is nothing wrong with the allegations without knowing anything at all. ”“ Covering up your own mistakes, covering up whacking colleagues and refusing to give the public any information about them, even Berlin's police chief Dieter Glietsch did not tolerate that more. ” Rainer Wendt , Chairman of the German Police Union , commented on the corps spirit in a discussion with victims of police violence:“ There is a spirit of corps, but there is no companionship . Any officer who gives false evidence or protects his colleagues is committing a serious crime and can expect to be removed from service. Precisely because police officers are in this special position of trust, they know that they - rightly - can expect a disproportionately high penalty. That is not even done quickly with a fine, but an existential threat. The civil servant loses all pension rights and it becomes difficult to get a job. Every policeman knows that very well. "

As a positive counter-example is the law blog , a case called in the police from the Berlin police a colleague who displayed the "[...] have no reason occurred to a woman [to]." In Hamburg, a service group manager of two riot police because of injury in the Official displayed.

Conduct of police officers in court

Regarding the behavior of police officers before a trial, Tobias Singelnstein writes: "But when you hear what defense lawyers and individual police officers report, the accusation of resistance often serves to justify police action." He sees the reason that it is a police officer in the event of resistance, it is permitted to use more force than if no resistance was offered.

On one website of the police union , public prosecutor Heiko Artkämper writes on the subject of police witness statements in court : “The behavior of a police officer as a witness in court is of little importance in training and further education. That is why many officers are not aware of the importance of their testimony. ”In the above-mentioned case at the Davidwache in Hamburg, in which the police officer was convicted of bodily harm in office , the judge was“ 'shocked' that two police officers were making downright 'courtesy and false statements Some judges have suggested that police officers are discussing their statements or statements with one another. As Gisela Friedrichsen writes for Der Spiegel , Uwe Maeffert considers “the police witness to be the 'witness with the greatest potential to lie'. The courtroom is a place where the police officer only continues his mission - if possible adapted to the representation of the comrades and determined by a tactical relationship to the truth. "

Police officers tend to be more believed

In cases where the legality of the police force used is in dispute, there are two interpretations of the process: that of the citizen and that of the police officer. If a citizen files a complaint against the police for bodily harm in the office, according to Tobias Singelnstein, "the police officers often counter- complain ". In an article for Die Zeit , Nana Heymann explains that the alleged act of resistance "also serves to safeguard the actions of the authorities: The person to be arrested has resisted, possibly even palpably - it becomes more plausible that the police officer had to use physical violence."

Various media reports mention that the public prosecutor's office believes the statements of the police more than those of the civilians. The magazine Panorama believes: "Show prosecutors [...] surprisingly often mild when police appear."

The magazine Hier ab vier writes in a general view, which does not start from a specific case, that citizens and police officers face each other in court: “In the context of the evidence to be assessed by the court, the above-mentioned aspects can be decisive for the fact that this is the statement of the police officer rather believes than the conflicting statements of the 'ordinary' witness. "The points mentioned are that the police officer" [...] usually has no personal or economic interest in the outcome of the legal dispute or criminal proceedings ", is a professional witness and the civilians are" unprepared Witnesses ”. In 1969, based on the statement by notary Gerhard Borck, Die Zeit wrote: “In general, the courts today rate the credibility of the police officer higher than that of the non-uniformed citizen. "

Tobias Singelnstein comments on the issue as follows: “[Courts] are used to believing police officers to see them as neutral observers. Leaving this perspective is apparently not easy. […] On the other hand, [you] have a police officer who is generally very high in the hierarchy of credibility, perhaps also a colleague as a witness. A police officer is just not a normal defendant. "

In a court case, the content of which was unrelated to police violence, but which describes an aspect of the relationship between the judiciary and the police, the judge said to a police officer who said the untruth in court: " It is sad that you, as a police officer, told the untruth have '[...] The judiciary is dependent on credible statements from police officers. "

Discussion in Germany

Heribert Prantl , editor-in-chief of the Süddeutsche Zeitung, writes in a comment : “A rule of law police lives on the trust of the population. The lack of a culture of error in the police force gnaws at this trust. If police misconduct is also covered by superiors, then those officers who want to uncover errors are in a bad position. This sets off a dangerous process that destroys the citizens' necessary basic certainty that they are in good hands with the police. "

Studies

A wide-ranging study by the University of Bochum examined the frequency of police violence with an online survey of 1,000 victims and interviews with prosecutors, judges, police officers and lawyers. As a result, in addition to the more than 2,000 reports against police officers, there are 10,000 unreported cases.

racism

Racism and right-wing extremism are not isolated cases in the German police , says Rafael Behr , professor of police science. There are systemic foundations for this, which is now also recognized by the Conference of Interior Ministers . Although there is no structural racism, there are also no structures that prevent it.

Certainly there wouldn't be the level of racism or excessive violence like in the US. The problem is that the German authorities are not yet focusing sufficiently on situations in which racism occurs.

Baden-Württemberg

Against the background of police violence on Black Thursday , the green-red state government took in their coalition agreement following passage on: "We will introduce an individualized anonymous identification of the police in so-called large-scale situations, while fully respecting the right to self-determination of the police officers." The Contrary to the promises of the election campaign and the green-red coalition agreement, labeling has not yet been introduced under the green-red or the green-black state government (as of October 2016).

Bavaria

The magazine quer is of the opinion that the police are about to gamble away their good image in the population. Joachim Kersten , professor at the German Police University, underlines the importance of the image : “The police are the calling card of civil society. It is the instrument of the constitutional state, but it is also a calling card. " Susanna Tausendfreund sees" [...] in the population [a] shaken [s] trust in the police [...] "Judge Erich Fuchs said in the case of the Rosenheim police chief , who was convicted of willful bodily harm in office: “Such acts damage the reputation of the police and impair the trust of the population .” It also says in quer , “[the] trust of the population in the law enforcement officers - and now also in the judiciary - is seriously disturbed. "

On a personal level, the case of Tennessee Eisenberg, who was shot by police officers, led to a lasting disruption of the family's trust in the rule of law .

Especially in Rosenheim is in across the lack of communication of the prosecutor to conjecture, four police officers were frequently involved in cases of inadequate police force criticized. "[Because] not only the four possible Rambos, but all Rosenheim police officers are under suspicion of occasionally going overboard."

The Süddeutsche Zeitung writes: "The punch of a police officer not only broke the nose of a tied woman, it also seriously damaged the image of the Munich police."

After the criticized cases of police violence, offices for complaints about official offenses in southern Bavaria and northern Bavaria were opened on March 1, 2013 in Munich and Nuremberg. The Munich office existed earlier, but was only responsible for complaints from the Munich police headquarters . The complaint offices are located at the Bavarian State Criminal Police Office .

One day after a police officer had fatally used a firearm, a demonstration with around 50 participants took place in Burghausen , accompanied by around 100 police officers. A week later, around 200 people demonstrated against the police violence. Five years after the act, the German Hemp Association in Munich recalled the event in July 2019 and called for a demonstration with the participation of Greens & Left to reopen the case against the shooter and to disarm him. The former police chief of Münster, Hubert Wimber , published a statement for the association LEAP (Law Enforcement Against Prohibition) Germany , in which the use of firearms is described as "grossly disproportionate" and "obviously unlawful", the termination of the proceedings is therefore "not comprehensible".

Berlin

As part of the discussions about illegal police violence at the Freedom Instead of Fear Demonstration, the then police chief of Berlin Dieter Glietsch announced in 2010 that police officers would be required to be labeled , which was decided in 2011. Since July 2011, Berlin police officers have been required to wear a name or license plate. In January 2014 it was reported that the SPD would like to set up offices for complaints against the police that are independent of the police. A police operation in which a man was shot in the Neptune fountain sparked a discussion about the possibilities of overpowering and alternatives to firearms. Benedikt Lux spoke of a shot in the leg or the use of pepper spray . Peter Trapp called for more tasers in the police service, which are currently only being used by the SEK as a test. Furthermore, the possibility of using a multi-purpose stick , the special task force (SEK), electroshockers or the language was pointed out.

Hamburg

After "[...] xenophobic assaults by the Hamburg police [...]", the then Interior Senator Werner Hackmann resigned from his position on September 12, 1994 . In the following Hamburg police scandal , several allegations of misconduct in the Hamburg police were made. In 1998 the Hamburg Police Commission , which existed until 2002, was created as an independent body to investigate such allegations.

Judge Anne Meier-Göring at the Hamburg District Court stated in the above-mentioned case of bodily harm in the office at the Davidwache that the "courtesy and false statements" of the police officers' colleagues "[...] are behavior that stirs suspicion among the population . "

Hesse

When there were allegations of unlawful police violence against Frankfurt police officers, Jürgen Frömmrich (Die Grünen), a member of the Hessian state parliament, said: “Regardless of whether the dire allegations are ultimately confirmed, they are already causing serious damage to the reputation of the police . ”He also called for an ombudsman to deal with complaints against the police.

North Rhine-Westphalia

After a police operation in Herford u. a. an independent investigation agency by the Pirate Party and body cams by Gregor Golland .

Saxony-Anhalt

After what they saw as slow investigations against a police officer who is said to have kicked a man in the abdomen, members of Die Linke and Bündnis 90 / Die Grünen Sachsen-Anhalt demanded an independent investigative body and mandatory identification for riot police . The evening after the accused policeman was acquitted, there was an unannounced demonstration in Halle with almost 40 masked people. The demonstrators are said to have ignited Bengali fires and firecrackers and kicked over garbage cans and warning beacons.

media

Institutions that document or criticize police violence

literature

See also

Web links

Commons : Police violence  - collection of pictures, videos and audio files

Individual evidence

  1. Norbert Pütter (2000): Police attacks - police violence as an exception and rule . Civil Rights & Police / CILIP 67 (3/2000)
  2. a b Police officers no longer anonymous. n-tv.de , January 26, 2010, accessed on February 24, 2013 .
  3. Justice - after twelve years. tagesschau.de , June 14, 2013, archived from the original on June 18, 2013 ; Retrieved June 15, 2013 .
  4. Philipp Buchallik / Benjamin Behschnitt: The Central Complaints Office of the Saxon Police in the Context of Police Complaint Management in the Other Countries , in: Journal for State Constitutional Law and State Administrative Law (ZLVR), 1/2018, p. 13.
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  9. a b 16. Does Amnesty require the police to renounce violence? In: Amnesty International. Retrieved February 24, 2013 .
  10. An overview can be found in Philipp Buchallik and Benjamin Behschnitt: The Central Complaints Office of the Saxon Police in the Context of Police Complaint Management in the Other Countries , in: Zeitschrift für Landesverfassungsrecht und Landesverwaltungsrecht (ZLVR), 1/2018, p. 9f.
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