Death of Daniel S.

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The death of Daniel S. is a homicide that occurred in March 2013 in the Lower Saxony community of Weyhe . Daniel S. was the victim of a violent attack in front of the train station in the Kirchweyhe district on the night of March 10, 2013 and died of the consequences four days later in a hospital in neighboring Bremen .

The incident attracted national attention after the ethnic origin of the suspects was discussed by the Bild newspaper and used by right-wing extremists for xenophobic propaganda.

On February 26, 2014 Cihan A. was found guilty of bodily harm resulting in death and sentenced to five years and nine months of juvenile imprisonment.

Course of action

On the night of March 10, 2013, 25-year-old painter Daniel S. was initially a guest with friends in a large discotheque in Wildeshausen . Then the group wanted to visit another discotheque in Weyhe, about 40 kilometers away. She rented a bus for the trip. For cost reasons, passengers were searched for and found via Facebook. On the way there was a heated argument with two passengers of Turkish origin. According to the Verden Regional Court, it cannot be ruled out that xenophobic speeches were made on the bus and that the later convicted perpetrator felt provoked as a result. According to the ruling, both groups at the dispute ordered "reinforcements" to the final stop by mobile phone. Daniel S. tried, initially successfully, to mediate and to calm the two opposing groups on the bus.

When the bus reached its destination at the train station in the Kirchweyhe district of Weyher, a group of friends of the passengers had already gathered there. S. got off the bus next after the convicted perpetrator and was then attacked (probably accidentally, according to the later determination of the court) by the convicted perpetrator kicking him in the back, causing him to crash into the bus and fall to the ground. Several men beat and then kicked him, seriously injuring him. He died of severe head injuries four days later. After the crime, five suspects were arrested. An arrest warrant was issued against a twenty-year-old suspect known to the police through previous acts of violence.

Reactions and instrumentalizations

In the press release of the police as well as the first reports of the regional press which was ethnicity of alleged perpetrators not addressed. On March 11, 2013, the regional edition of the "Bild" newspaper described the "gang of thugs" as "southerners" in its first report and then reported on March 14, 2013 that the main suspect was "Turk". In fact, the perpetrator is an adolescent born in Germany and socialized in Weyhe with a migrant background of Turkish origin. The allegation of the tabloid was taken up in blogs and internet forums in particular by right-wing populist , Islamophobic and right-wing extremist scenes. There were hate speeches up to and including calls for lynching , and the incident was instrumentalized as racist propaganda .

In several cities in Lower Saxony, such as Verden an der Aller and Hanover , there were small marches by neo-Nazis and other right-wing extremist groups. In this context, a counter-demonstration took place in Hanover. Two vigils took place in Weyhe on March 16 and 23, 2013 , each of which was attended by up to 1,500 people. The mayor of the community, Frank Lemmermann ( SPD ), campaigned for “a colorful, not brown Weyhe” and positioned himself against an instrumentalization of the case by “ right ”. In connection with the vigil, the Weyher municipal administration received a large number of offensive and right-wing extremist e-mails and threatening letters. At the same time as the vigil, mostly foreign supporters of the party The Right demonstrated in Weyhe . According to the NDR , their co-founder Christian Worch tried in vain to establish Weyhe as a contact point for the right-wing extremist scene at the end of March. Also Akif Pirinçcis attempt of appropriation by a post titled The slaughter began in the blog The axis of good led to a lot of times the contradiction. In May 2013 around 500 people protested against the march of around 40 neo-Nazis in the village with sit-in blocks .

Lower Saxony's Interior Minister Boris Pistorius visited the community two weeks after the crime , together with the Lower Saxony President of the Protection of the Constitution, Maren Brandenburger, and expressed his condolences to the family of the victim. At the same time, he also condemned instrumentalisation by right-wing extremist groups.

The incident was reported regionally and nationally in the media.

process

On August 8, 2013, the 3rd Large Juvenile Criminal Chamber of the Verden District Court approved the indictment against one of the suspects - initially for murder, later for bodily harm resulting in death. After a verbal argument with the later victim, Daniel S., who was not involved in the argument and only wanted to settle the argument, "kicked out at full speed like a kickboxer".

The main hearing began on September 10, 2013. Daniel S.'s mother and two of his brothers were present as joint plaintiffs. Up to December 19, 2013, 20 hearing dates were initially set, but the taking of evidence could not be completed until the end of January 2014. In total, the court interviewed 60 witnesses. In a discussion of the status of the proceedings on January 29, 2014, the presiding judge announced that it is very likely that the accused had no intention to kill. For this reason, a conviction for bodily harm resulting in death is likely. The responsible employee of the youth court assistance recommended that the court apply youth criminal law to the accused . On February 5, the prosecution requested a six-year youth sentence for the defendant. The defense demanded his acquittal. On February 26, 2014, Cihan A. was found guilty of bodily harm resulting in death and sentenced to five years and nine months in juvenile detention.

According to the judgment, it is unclear whether A. caused the death with his kicks, because apparently other, unknown people would also have stepped on S. Nevertheless, the act was due to "joint commission to him". The presiding judge called the act “completely senseless and incomprehensible”, but the public discussion “got completely out of hand in part”. "One of the main advantages of our civilization and our constitutional state" is that judgments are not made on the basis of emotions and assumptions, but according to the strict rules of personal proof of guilt.

In October, the convicted person's lawyers petitioned the Federal Court of Justice to appeal against the judgment . According to the defense lawyers, the judge in charge had been exposed to threats from the right-wing scene during the course of the proceedings. Had the criminal defense been aware of this, a different defense strategy would have been chosen. This violated her client's right to a fair trial based on the rule of law and "contaminated" the judgment. On December 15, 2014, the Verden District Court announced that the BGH had rejected the appeal. The judgment is therefore final.

Individual evidence

  1. ↑ a b Frankfurter Rundschau of February 26, 2014
  2. ↑ In memory of Daniel S .: Charged grief , taz from March 15, 2013
  3. ^ Mourning on a powder keg , Süddeutsche Zeitung, March 17, 2013
  4. ↑ See: Drama in front of the train station in Kirchweyhe. Daniel kicked into a coma by thugs! , PICTURE from March 11, 2013
  5. ↑ He died early in the morning in the Bremen Mitte Clinic , BILD from March 14, 2013
  6. ↑ After the death of Daniel S .: Calls for lynch justice on the net ( memento of the original from March 26, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , Sat.1 Regional Bremen and Lower Saxony from March 20, 2013 (with video stream ) @1@ 2Template: Webachiv / IABot / www.hannover.1730sat1.de
  7. ↑ The Kirchweyhe crime scene. Violence with mixed echoes on the Internet , Radio Bremen from March 21, 2013, Memento in the Internet Archive , accessed on September 26, 2017.
  8. ^ German, from ear to ass , taz from April 8, 2013
  9. ↑ Weblog speaks of genocide against Germans ( Memento from December 18, 2013 in the Internet Archive ), Radio Bremen from April 6, 2013
  10. ↑ Stefan Schölermann: Neo-Nazis are planning a new parade in Weyhe ( Memento from June 7, 2013 in the Internet Archive ) In: ndr.de from April 22, 2013.
  11. ↑ Feature: Right-wing extremists exploit the Weyhe tragedy . In: welt.de from March 15, 2013.
  12. ^ Andreas Speit and Georg Kirsche: Demonstration against Nazis. Blocked walk . On: taz.de from May 12, 2013; Retrieved May 13, 2013.
  13. ↑ Michael Taeger: Four Vigils and One Death , Jungle World, April 4, 2013
  14. ↑ a b c Andrea Röpke and Otto Belina: Right free riders , view to the right from March 18, 2013
    Andrea Röpke : Brauner Spuk in Kirchweyhe , view to the right from March 25, 2013
  15. ↑ Numerous counter-demonstrators. Neo-Nazis demonstrate in the city , Hannoversche Allgemeine Zeitung from March 14, 2013
  16. ↑ sueddeutsche.de: After the death of the arbiter Daniel S .: Mourning on a powder keg , March 17, 2013, accessed on February 1, 2014
  17. ↑ 1,500 people at the funeral service for Daniel S. , Der Tagesspiegel from March 17, 2013
  18. ↑ [wayback.archive.org/web/20130416003046/ Archived copy ( memento of the original from April 16, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Call for a vigil on March 23, 2013], Weyhe community (www.weyhe.de), Memento in the Internet Archive , accessed on September 26, 2017. @1@ 2Template: Webachiv / IABot / www.weyhe.de
  19. ↑ a b Interior Minister praises the work done so far , Weser-Kurier of March 26, 2013
  20. ^ Vigil in front of the Kirchweyhe train station , Radio Bremen from March 16, 2013, Memento in the Internet Archive , accessed on September 26, 2017.
  21. ↑ 1,000 citizens at a vigil , Weser-Kurier of March 23, 2013
  22. ↑ contradiction ; The Axis of Good April 8, 2013.
  23. ↑ Deniz Yücel: German, from ear to ass , in: taz of April 8, 2013.
  24. ↑ Jochen Grabler: Dangerous Racism. Weblog speaks of genocide against Germans ( memento from December 18, 2013 in the Internet Archive ), on: Radio Bremen from April 6, 2013.
  25. ^ Andreas Speit: Demonstration against Nazis. Blocked walk . On: taz.de from May 12, 2013; Retrieved May 13, 2013.
  26. ↑ Pistorius offers Weyhern help ( memento from March 26, 2013 in the Internet Archive ), NDR from March 26, 2013
  27. ↑ FAZ , Focus , HAZ , NOZ (Memento in the Internet Archive ), NWZ , Weyhe mourns the loss of Daniel S. - Radio Bremen ( Memento from March 10, 2014 in the Internet Archive ), RTL , Sat.1 Regional  ( page no longer available , Search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. , Spiegel , Stern , Süddeutsche Zeitung , Tagesspiegel , taz , WAZ , Welt .@1@ 2Template: Toter Link / www.hannover.1730sat1.de  
  28. ^ "Injured honor" possible trigger , Weser-Kurier of September 11, 2013
  29. ↑ Six years of juvenile imprisonment applied for , Weser-Kurier dated February 5, 2014
  30. ↑ Acquittal demanded for 21-year-olds , Weser-Kurier dated February 19, 2014
  31. ↑ 35 witnesses to testify , Weser-Kurier from January 8, 2014
  32. ^ Probable conviction under juvenile criminal law , Weser-Kurier of January 31, 2014
  33. ↑ Court sees no evidence of intent to kill , Weser-Kurier dated January 30, 2014, memento from the Internet Archive , accessed on September 26, 2017.
  34. ↑ Weserkurier of February 27, 2014
  35. ^ Spiegel Online from October 10, 2014
  36. ↑ Kreiszeitung from December 15, 2014