Tuğçe Albayrak

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Posters, candles and flowers in memory of Tuğçe Albayrak on December 6, 2014, Bahnhofstrasse , Hanover

Tuğçe Albayrak (born November 28, 1991 in Bad Soden-Salmünster ; † November 28, 2014 in Offenbach am Main ) was a German student teacher of Turkish descent . At 4:12 a.m. on November 15, 2014, she was knocked down in the parking lot of a McDonald's restaurant in Offenbach am Main by a young Serb named Sanel M. with a blow of his hand to her head. She suffered severe skull and brain injuries from the subsequent fall . She fell into a coma and was diagnosed with brain death on November 26, 2014 . On November 28, 2014, her 23rd birthday, the intensive care measures were discontinued.

The media at home and abroad reported extensively on the incident. It sparked a public discussion in Germany about juvenile delinquency , but also about moral courage , for which Albayrak became a symbolic figure.

On June 16, 2015, the perpetrator, Sanel M., was sentenced to three years youth imprisonment for bodily harm resulting in death. After serving the majority of his sentence, he was deported to Serbia on April 20, 2017.

Life

Tuğçe Albayrak was the daughter of Turkish parents. She lived in Gelnhausen in Hesse and studied at the University of Giessen the subjects German and ethics for the teaching profession.

Memorial stone for Tuğçe Albayrak in the driveway to the McDrive in Offenbach-Kaiserlei

death

According to the media, friends of Albayrak said they visited a McDonald's branch in Offenbach-Kaiserlei together at around 3 a.m. on November 15, 2014 . There, according to her statements, two female youths were molested by male youths in the toilet area of ​​the McDonald's restaurant. Albayrak wanted to help the two and interfered in the situation, whereupon a dispute arose. In the course of the argument, Albayrak is said to have insulted the later perpetrator. According to the public prosecutor's office, however, the girls “did not feel threatened by the young men and should have dared to come out of the situation on their own at any time”.

The dispute then continued in the parking lot. When Sanel M. was on the way to his car, Albayrak shouted another insult to him. This is said to have led to a scramble in the course of which he knocked Albayrak to the ground. According to a forensic medical report, the fatal injury was caused by the unrestrained impact of the head on the ground. According to Professor Marcel Verhoff , Albayrak must have hit an object lying on the ground, which could have been her own earring. Albayrak fell into a coma from which she never awoke. Her brain death was diagnosed on November 26, 2014, and two days later the life support measures were stopped at the request of the parents. Due to their willingness to donate organs - so the relatives announced via social media - the quality of life of two patients was significantly improved and three others who were in acute danger were helped.

Tuğçe Albayrak's burial on December 3, 2014 in the cemetery in Bad Soden-Salmünster , which was reported internationally, took place without media representatives at the family's request. Among the mourners were representatives of politics such as the Hessian Prime Minister Volker Bouffier , the Lord Mayor of Offenbach, Horst Schneider , and the District Administrator of the Main-Kinzig district , Erich Pipa .

Investigations and legal processing

The 18-year-old Sanel M. was in custody taken. The public prosecutor's office was investigating him for bodily harm resulting in death. According to media reports, he should also have been involved in the previous harassment of the girls in the toilet area of ​​the McDonald's fast food restaurant. According to several media reports, he was born in what is now Serbia (then part of the Federal Republic of Yugoslavia ), but according to a Spiegel report, he was born in Offenbach. The Offenbach police did not assume that the crime had ethnic backgrounds. A blood alcohol level of 1.4 per mille was found in Sanel M., and 0.8 per mille in Albayrak.

A 60-minute surveillance video was available to the police to attempt to reconstruct what had happened. On December 1st, the Bild newspaper published a compilation of the video. Excerpts from it have also been published by the Turkish newspapers Hürriyet and Sabah , the Telegraph and the Washington Post . It remained unclear how the video, which had not been released by the investigative authorities, could get to the public.

Public prosecutors and police criticized the early public positioning and the fact that new rumors about the course of events were circulating. The public prosecutor's office was particularly critical of the transmission of the video about the course of events. Above all, it was feared that the evidential value of testimony would be reduced, as there was a possibility that potential witnesses would have seen the video material before giving evidence in court and their own memories could have been overlaid as a result.

The legal scholar and criminologist Arthur Kreuzer warned against a pre-conviction of the suspect. Before the police and judicial conclusion of the case, Kreuzer advised against an examination of the award of the Federal Cross of Merit to Albayrak, which Federal President Gauck had already announced on the day of her death. The unresolved questions include both what happened on November 15 in the parking lot in front of Offenbach's McDonald's and the events in the toilet area that preceded it. In view of the multitude of unanswered questions, he considers it premature to stylize Albayrak as a heroine. He assumes that "the public presentation will rather disrupt the investigation".

On April 24, 2015, the trial against M. began before the Darmstadt Regional Court , for which around 60 witnesses were summoned. The public prosecutor's office demanded a youth sentence of three years and three months; she denounced the accused's public prejudice.

On June 16, 2015, M. was sentenced to three years imprisonment under youth criminal law according to § 227 StGB , § 18 JGG . In his judgment, the judge analyzed the reception of the case. In it he said, among other things, that the perpetrator had been "delivered to a big newspaper" and branded as a "killer" and "coma thug". Other newspapers and politicians have "jumped on the bandwagon".

The defense appealed against the judgment. The application for a revision was rejected by the Federal Court of Justice on January 22, 2016 , whereby the judgment of June 16, 2015 has become final.

After serving his imprisonment, the Serbian-born Sanel M. was supposed to be deported to Serbia; the duration of the entry ban to Germany was set at eight years. M. lodged an objection against the deportation, which was rejected by the Wiesbaden Administrative Court on January 10, 2017, against which M. again lodged an appeal. On March 14, 2017, the Hessian Administrative Court in Kassel decided in the final instance that the deportation decision was legal. The Administrative Court argued that it was doubtful that Sanel M. would make up for his failed economic and social integration in Germany. He was finally deported on April 20, 2017.

Reactions and evaluations

Within Germany

Even before Albayrak's death, the case caused a stir. Pictures of the young woman were broadcast across television, social media and daily newspapers. TV stations sent reporters to Offenbach. State foreign broadcasters such as Deutsche Welle , public broadcasters such as ARD , ZDF and private broadcasters such as Pro7 , Sat1 , RTL or n-tv reported in detail and with live broadcasts on the developments in front of the hospital.

The incident sparked a nationwide debate about moral courage in everyday life. On television and radio, but especially on social media , the question was discussed whether the people in Germany would show the level of moral courage they deem necessary. Comparisons were drawn with the case of Dominik Brunner , a Bavarian manager who had been awarded the Federal Cross of Merit posthumously five years earlier . Even before the events that preceded the act of violence were clarified, Tuğçe Albayrak became a symbol of moral courage. In the German media she received the status of a “modern martyr” or “icon of civil courage”.

The Offenbach psychologist Werner Gross expressed the opinion that the fate of the young woman triggered such strong emotions and attracted so much attention because she behaved in a delicate situation in a way that many would not have done. Time and place would also be unusual for such courageous action. Furthermore, Albayrak upheld civil values ​​even though she belonged to Islam, which is too often suspected of disregarding Western values. In addition, she may have saved lives as an organ donor after her death. The psychologist raised the question of whether the almost ritual mourning and its stylization as an icon could also be explained by the fact that Albayrak, through her exemplary commitment, could relieve many people of their conflict between their own inadequate behavior and a hoped-for better world . It is therefore also suitable for projections .

Gauck expressed condolences to the Albayrak family after Tuğçe's death. In his letter of condolence he stated that he was "like countless citizens appalled and shocked by this terrible act". The young woman has "earned our gratitude and respect" and will always remain a role model. "Where other people looked the other way, Tuğçe demonstrated courage and moral courage in an exemplary manner".

On November 26th, a Hanoverian launched an online petition on the Internet platform Change.org , whereupon more than 100,000 signatures were submitted within three days with the aim of honoring Albayrak with the award of the Federal Cross of Merit. The Hessian Prime Minister Volker Bouffier ( CDU ) also suggested to posthumously award her the Federal Cross of Merit for her commitment. Federal President Joachim Gauck announced on November 29th that he would examine this request. The German government welcomed the proposal, the government and Chancellor Angela Merkel expressed "great sympathy" for the intention. After examining the proposal, the Office of the Federal President in 2015 came to the conclusion that “the very narrow requirements for a posthumous award are not met to the required extent”. Tuğçe Albayrak was thus not awarded a Federal Cross of Merit.

Hundreds of people marched in silence outside the fast food restaurant where the incident took place on November 27 to bid farewell to Albayrak. People in the crowd wore T-shirts with their photo and the caption Seni seviyoruz ( Turkish for: “We love you”) and held signs that said “Thank you Tuğçe”. Around 1,500 people attended the Albayrak memorial service in front of the clinic on November 28th. At the vigil in front of the hospital, a composition by the Korean pianist Yiruma was played, which is said to have been one of Albayrak's favorite pieces.

16 football players from Kickers Offenbach called on the occasion of the incident in a video published on November 28 on YouTube in various languages ​​to show moral courage. The Swiss Bundesliga player Haris Seferović from Eintracht Frankfurt dedicated his goal to make it 2-0 against Borussia Dortmund on November 30th, 2014 by pulling up his jersey and wearing a T-shirt with the words "Tugce = # civil courage # angel # courage # respect “Showed. Unlike in comparable cases, the DFB sports court decided not to punish Seferović for his action. DFB media director Ralf Köttker welcomed the decision “expressly”, “because it takes account of a special person who showed moral courage and gave his life for it”.

The Offenbach CDU city council group suggested naming a bridge to Albayrak. The CDU parliamentary group chairman spoke out in favor of the city councilors granting her in an intergroup application "a public document of recognition in order to keep her exemplary commitment to moral courage in mind". Albayrak is a "shining example of moral courage, also and especially for young people". In December, the city council voted in favor of putting Albayrak on a list of proposals. According to the city administration, a decision should not be made before the investigation into the case has been concluded.

According to media reports, the investigating authorities pointed out that public political positioning such as the Offenbach CDU's demand to name a bridge to Tuğçe Albayrak was unprecedented at such an early stage in the proceedings. Usually the investigation would be awaited.

Although the Offenbach police did not initially assume that the crime was ethnic, there were public attempts to portray the incident as a fight by Serbs against Turkish Muslims. According to media reports, Serbs stated on social media that the perpetrator was “primarily a Muslim man with Kosovar or Bosnian roots”. They felt they were being “discredited as a whole ethnic group” by the media coverage. On German right-wing populist websites, where Albayrak's moral courage was first recognized, attention later shifted to the ethnic and religious affiliation of the people involved in the incident.

On September 18, 2015, a memorial stone was erected at the Justus Liebig University.

On November 15, 2015, one year after the act of violence, a vigil took place at the fast food restaurant in Offenbach-Kaiserlei in memory of Albayrak and against violence, in which around 100 people took part.

Outside of Germany

There were also reports about Albayrak outside of Germany. The Italian newspaper La Stampa called it l'angelo del McDonald’s (“The Angel of McDonald’s”), the Turkish Hürriyet Cesur Yürek (literally: “Brave Heart”, something like “Lion Heart”). English-speaking and Turkish TV channels reported on the memorial service on December 3rd, which the Turkish ambassador also attended.

In Turkey, the mourning in Germany for Albayrak of Turkish origin was also attentively registered. The Turkish state news agency Anadolu described the reaction in Germany with the words: “The German public is shocked.” Turkish Deputy Prime Minister Bülent Arınç paid tribute to Albayrak on December 1 and said of her: “She has shown great heroism and has a place for herself acquired in the hearts of the German public. "

English-language media such as the BBC and Voice of America reported that Albayrak was celebrated in Germany as a “national heroine”.

The New York Times linked the incident with German migration policy. The fate of Albayrak found this resonance not only because of the high level of attention received from conventional and social media, but also because of the intensive discussion in Germany about the integration of people with a migration background . The fact that a growing group of immigrants , many of whom came from Turkey, was just about to enter professional life in Germany, often as teachers and social pedagogues, but also as journalists and politicians, said the death of Albayrak was due to the misfortune of a merciful Samaritan woman who “sacrificed” her life to protect others. The Financial Times also made a reference to German immigration policy and ran the headline that Albayrak's death triggered a "self-examination" of immigration in Germany and united Germans in a rare national wave of grief and respect for Tuğçe's courage. Many commentators have underlined their Turkish origins in order to emphasize the positive contribution immigrants and their children make to Germany at a time of increasing public debate in Europe about the costs and benefits of migration.

Criticism of the media and politics

Since the beginning of December 2014, the Darmstadt public prosecutor has been investigating the publication of a surveillance video by the Bild newspaper against unknown persons. By publishing the surveillance video there is a risk that witnesses could be manipulated in their testimony. One must expect that witnesses watch the video before being questioned and then compare their testimony with it. As a result, as well as their interpretations by the media, among other things, subjective memories of what happened on eyewitnesses could be colored.

Timo Frasch quoted the criticism of the presiding judge Aßling against the media and politics in the FAZ after the judgment. The media would have made it much more difficult to find the truth. One has to ask “why this particular case has become what it is. [...] Because cases like this are not that unusual. ”So initially there would have been“ a campaign ”by the media and the perpetrator,“ who cannot defend himself with his means ”, was“ at the mercy of a major newspaper ”. Aßling's criticism, however, is also directed at politics; Frasch criticized: "Without the name of Federal President Joachim Gauck , he was allowed to feel addressed." After Albayrak's death, he wrote in a letter to their parents that their daughter had become the "victim of a brutal crime". For a court, which is a state organ, it would be "difficult if the highest representatives of the state express themselves beforehand and assign blame". Such a thing is incompatible with the state's duty of neutrality and contradicts the central rule of law of the presumption of innocence .

Sarah Tacke wrote in heute.de : “The late Tugce became a symbol of moral courage - and Sanel M. was stigmatized as a 'coma thug'. The media focused Tugce's death on the question of good versus bad. Politicians demanded that Tugce be awarded the Federal Cross of Merit. Newspapers showed Sanel M. unpixeled on their front pages and, according to his defense lawyer, made him 'fair game'. According to the public prosecutor's office, this form of prejudgment should have a mitigating effect. ”The media-critical Bildblog expressed a similar opinion , which summed up:“ During the entire investigation, there had been harsh criticism of the media, both from the police and from the Prosecution, defense and the judge. Above all, the reporting of the "Bild" newspaper was heavily criticized: It painted a wrong picture of the perpetrator and victim, influenced witnesses and made the investigation much more difficult. "

Web links

Commons : Tuğçe Albayrak  - collection of images, videos and audio files

Individual evidence

  1. ↑ a b "The machines were switched off". In: The world . November 29, 2014. Retrieved November 29, 2014 .
  2. ↑ Timo Frasch: I have never seen Sanel M. so angry. Tuğçe trial. In: Frankfurter Allgemeine Zeitung. May 8, 2015, accessed May 9, 2015 .
  3. ↑ Susanne Höll: Friend of the accused reports of insults by Tuğçe. Trial in Darmstadt. In: Süddeutsche Zeitung. May 8, 2015, accessed May 9, 2015 .
  4. ↑ a b The Tugce Albayrak case. Who is the killer? In: n-tv . December 12, 2014, accessed December 6, 2014 .
  5. ↑ a b Tugce Albayrak - Thousands expected at burial. In: hr television . December 2, 2014, accessed December 7, 2014 .
  6. ↑ a b c d e Germany mourns death of courageous Tugce. In: Deutsche Welle . November 29, 2014, archived from the original on November 30, 2014 ; accessed on November 30, 2014 (English).
  7. ^ A b Francesco Giammarco: How the Tugce Albayrak case affects people: Longing for moral courage. In: Der Tagesspiegel . December 6, 2014, accessed December 7, 2014 .
  8. ↑ a b c Tugce Albayrak case: "First of all, wait for the explanation". In: hr television . December 10, 2014, accessed December 10, 2014 .
  9. ↑ Panorama .
  10. ^ LG Darmstadt, judgment of June 16, 2015, Az .: 1340 Ks 95002/14
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  13. ↑ a b Brain death at Tugce Albayrak. In: TRT . Retrieved November 28, 2014 .
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  15. ↑ a b c Der Spiegel : Gut gegen Böse , Edition 7/2015, p. 46ff.
  16. ↑ Timo Frasch: Tugce Trial: Unclear whether Tugce's fatal relief effort was necessary . April 24, 2015.
  17. ↑ Frankfurter Neue Presse: Tugce Albayrak: How hard hit Sanel M. to? - Frankfurter Neue Presse .
  18. ↑ Earring played fatal role in Tugce's death , Focus Online February 1, 2015
  19. ↑ The day Tugçe left. Frankfurter Rundschau online. November 27, 2014
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  31. ↑ http://www.heute.de/endungsverkuendung-im-fall-tugce-wie-schwer-wiegt-die-schuld-des-sanel-m-38882048.html ( Memento from June 18, 2015 in the Internet Archive )
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  35. ↑ İlhan Çetinkaya: Tuğçe'ye saldırı anı güvenlik kamerasında. In: Hürriyet . December 1, 2014, archived from the original on December 1, 2014 ; Retrieved December 1, 2014 (Turkish).
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  39. ↑ Lindsey Bever: Surveillance footage shows how German woman was killed for heroic effort to protect girls from harassment. In: The Washington Post . December 2, 2014, accessed on December 10, 2014 (English, with a link to Tuğçe Albayrak öldürülme anı - Tugce Offenbach EVIDENCE VIDEO , YouTube, published by the YouTube channel TimelapseTR on November 30, 2014).
  40. ↑ Police find important witnesses in the Tuğçe case. In: Süddeutsche Zeitung . December 1, 2014, archived from the original on December 1, 2014 ; accessed on December 1, 2014 .
  41. ↑ a b Katharina Iskandar: Tugce case: Investigators see objectivity in danger. In: Frankfurter Allgemeine Zeitung. December 9, 2014, accessed December 9, 2014 .
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  43. ↑ Ralf Enders (in an interview with Arthur Kreuzer): criminologist Arthur Kreuzer on the Tugce case: “Courage alone is not enough”. In: Offenbach-Post . December 13, 2014, accessed December 14, 2014 .
  44. ↑ Susanne Höll: Day of Tears. Start of the trial in the Tuğçe case. In: Süddeutsche Zeitung. April 24, 2015, accessed May 9, 2015 .
  45. ↑ Frankfurter Rundschau: 9th day of trial in the Tu? Çe case: "Worst mistake of my life" .
  46. ↑ Darmstadt Regional Court defender in the Tuğçe trial announces an appeal . In: Frankfurter Allgemeine Zeitung . June 16, 2015, ISSN  0174-4909 ( faz.net [accessed June 16, 2015]).
  47. ↑ sueddeutsche.de June 16, 2015: Poisoned witness statements
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  50. ↑ FOCUS Online: "Convicted Tugce thugs again defends himself against deportation to Serbia" Focus from January 23, 2017
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  52. ↑ Spiegel Online: “Tugce thugs may be deported” Spiegel from March 14, 2017
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  55. ↑ Hakan Aytaş (and agencies): Almanya Cumhurbaşkanı Gauck'tan Tuğçe'nin ailesine taziye mesajı. In: Hürriyet . November 29, 2014, archived from the original on November 30, 2014 ; Retrieved November 30, 2014 (Turkish).
  56. ↑ Kate Connolly: Germans pay tribute to student, 23, killed for trying to help harassed girls. In: BBC News . November 30, 2014, archived from the original on November 30, 2014 ; accessed on November 30, 2014 (English).
  57. ↑ a b Lothar Schröder: Killed student: Tugce Albayrak - a modern martyr. In: Rheinische Post . December 3, 2014, accessed December 10, 2014 .
  58. ↑ Psychotherapeutic view of the Tugce case (December 3, 2014). (No longer available online.) In: Deutsche Welle . December 3, 2014, formerly in the original ; accessed on December 10, 2014 (video: 02:08 min.).  ( 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.@1@ 2Template: Toter Link / www.dw.de  
  59. ↑ Karl Lempert: Awarding the Federal Cross of Merit to Tuğçe A., the young woman who has shown her backbone and stepped in when many looked the other way. In: change.org . Archived from the original on November 29, 2014 ; Retrieved November 29, 2014 .
  60. ↑ Student is supposed to die today - Hanoverian wants Cross of Merit for Tugçe. In: HAZ . November 28, 2014, archived from the original on November 29, 2014 ; Retrieved November 29, 2014 .
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  64. ↑ Hannelore Crolly: Vigil for Tugçe - Then the light went on on the third floor. In: The world . November 29, 2014, archived from the original on November 29, 2014 ; Retrieved November 29, 2014 .
  65. ↑ PICTURE in the cemetery in her hometown - This is where Tugce finds her final resting place. In: image . December 1, 2014, archived from the original on December 1, 2014 ; Retrieved on December 1, 2014 (with reference to: Kickers Offenbach for more civil courage , YouTube , published by the YouTube channel OFCFanradio on November 28, 2014.).
  66. ↑ Seferovic dedicates his goal to the beating victim Tugce (†) on sportbild.bild.de, accessed on November 30, 2014
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  68. ↑ Eberhard Schwarz: Death after a beating attack: Offenbach CDU wants to name bridge after Tugce. In: Frankfurter Allgemeine Zeitung. December 4, 2014, accessed December 8, 2014 .
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  70. ↑ Charlotte Brückner-Ihl, Marko Karo: Erecting a memorial stone for Tug ̆ çe Albayrak. July 21, 2016. Retrieved December 17, 2017 .
  71. ↑ faz.net: People commemorate Tugce , November 15, 2015
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  73. ↑ Tonia Mastrobuoni: Germania, domani Tugce "l'angelo del McDonald's" morirà. In: La Stampa . November 27, 2014, archived from the original on December 1, 2014 ; Retrieved December 1, 2014 (Italian).
  74. ↑ Hakan Aytaş (and DHA ): Dualar 'Cesur Yürek' Tuğçe için. In: Hürriyet . November 19, 2014, archived from the original on December 1, 2014 ; Retrieved December 1, 2014 (Turkish).
  75. ↑ Sabrina Pabst: Silent mourning for an angel. In: Deutsche Welle . December 3, 2014, accessed December 10, 2014 .
  76. ↑ Reactions to the death of Tugce Albayrak: "A courageous Turkish girl". In: Der Spiegel . November 29, 2014, archived from the original on November 30, 2014 ; Retrieved November 30, 2014 .
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  79. ^ Laura Westbrook: Tributes to German student killed for helping harassed women. In: BBC News. November 30, 2014, archived from the original on November 30, 2014 ; accessed on November 30, 2014 (English).
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  82. ^ Alison Smale : A Student's Death Exposes German Struggle for a Multicultural Ideal: Tugce Albayrak's Death Rattles Germany. In: The New York Times . December 2, 2014, accessed December 8, 2014 .
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  84. ↑ Investigations into crime scene videos , hr-online from December 1, 2014
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  86. ↑ How heavy is the guilt? ( Memento from June 18, 2015 in the Internet Archive ), heute.de from June 16, 2015
  87. ↑ How the media obstructed the Tugçe process , bildblog from June 17, 2015
personal data
SURNAME Albayrak, Tuğçe
BRIEF DESCRIPTION German teacher student of Turkish origin
DATE OF BIRTH November 28, 1991
PLACE OF BIRTH Bad Soden-Salmünster
DATE OF DEATH November 28, 2014
Place of death Offenbach am Main