It is still dark, as Valdemilson de o in Bremen the direction of the tram. 3.30 PM, the cook has to work the early shift. His way to the tram passes a Church. There he sees a man. He is tall, almost 1.80 meters, dark-dressed, fit. The chef has a bad feeling, the side of the road. Then everything goes quick as a flash: The Stranger catches up to him, hits him with the fist in the face and throws him to the ground. “Police! Help!”, screams Valdemilson EN. o. He believes in a Robbery. The Stranger pulls out his gun. “I am the police,” he says.
early that Morning, in may 2013, there have been 800 meters away from the Church a home burglary. The large, dark-clad man to the civil police officer Marcel B., who lurked in the Church, and Valdemilson de O. for the perpetrators has kept. He breaks down the cooking of the zygomatic bone and bones at the eyes and the maxillary sinus.
victims of police violence
are criminalized For over five years, the Bremen justice dealing now with the case. An end is not in sight. The story of Valdemilson de O. shows an example of what victims of police violence in Germany often make: they are criminalized. The police are not investigating their own colleagues and always thoroughly. Police officers lie in court to cover colleagues.
In may of 2017 has tightened the Bundestag, the penalty for resisting law enforcement officers. Attackers are now threatening depending on the Severity of the Case, with minimum penalties of three or six months. Particularly serious cases can be punished with up to five years in prison. For victims of police violence a little, however. In Germany, police officers determine still against colleagues, the should have beat. In countries such as the UK and Ireland, independent commissions are in charge of. The people’s Commissars law of the European Union and Amnesty International are calling on Germany’s Minister of the interior, for years, independent investigators. So far, in vain. Scolding was also from a European court of justice. In November 2017, the judges criticized in a judgment of the Munich police, because they had not determined an Assault on two football fans neat.
a lawyer Britta von Döllen-Korgel: “my client’s life is destroyed”
Brawling officials are a taboo subject in Germany. “Bodily injury in public office by police officers is so far under-explored empirically,” says Tobias Singel stone, a criminology Professor at the Ruhr-University of Bochum. For a new study of the criminal lawyer wants to investigate now, with a team of experts, police violence in Germany. “We want to know whether there are groups, for example, certain individuals carry a higher risk to be victims of violence by police officers, and in what situations it comes to that.”
Valdemilson de O. appears to have been his skin color, black for doom. The judges suspect later that she alone was the reason that Marcel B. held the cooking for the burglar. His colleagues had given him over the radio, no description of the Offender. “Racial profiling” criminologists call this Suspect will not be controlled on the basis of objective criteria or arrested, but because of the color of their skin. In August of this year, the higher administrative court of Münster has decided that controls on persons, be due to darker skin color is unlawful. Other dishes were similar.
Valdemilson de. o. was once a chef in a restaurant scene, he knows a lot, after the incident in may 2013 for him. Maybe this is the reason that be the case takes an unusual turn. The morning after the attack, two Friends from de. o. standing at the station and want to know from the chief, why your mate has been beaten by a police officer.
The station Manager knows nothing. Marcel B. has not yet made any use of the report. His supervisor checked in, whether de O. had ever been in Trouble with the police. But the chef is a respectable citizen. He had thought the same, that the use was “unhappy” run, say to the area Manager later in court. He drives to the hospital and is horrified. Valdemilson de O. had looked, “as if he was kicked by a horse”. The Chief informed the Department of internal investigations – the Department of interior authority, the investigating police officers.
The broken bones in the face of Valdemilson de O. need surgery. A cut on the Hand is sewn. For eleven days, the chef remains in the hospital. Friends to get him a lawyer. Britta von Döllen-Korgel moves into the clinic, photographed the violations of their mandates. You’ll wonder about it later, she says that it is the only evidence to remain of the images in the file. Whether the police actually made any pictures, the police, the star, to go unanswered.
Meanwhile, Marcel B. has written his report and Valdemilson EN O. due to the resistance shown. “Stop, Police!”, he called and his badge held high. Valdemilson de O. just went more and grabbed into his jacket pocket. Therefore, B. had unsheathed his weapon. “With clenched fists” started of the cooking.
Almost every criminal answered the ad because of bodily injury in public office against police officers is a contra-indication due to resistance. And almost always you have no evidence. “Only less than three percent of the investigations against police officers for assault in office, it comes at the end of a charge,” said police researcher Singel stone.
The attack on the Koch is one of the rare cases in which the Prosecutor’s office has brought charges against the police officers. Witnesses have reported to have seen that Valdemilson de O. had been completely passive. The say of the police officer seems also illogical: Valdemilson de. o. is the police officer physically. The chef is 54, just 1.58 meters tall and the sugar sick. Marcel B. is 34, projects beyond the cooking to 20 centimeters, trained power sports and had a gun. Why should attack the small, the sick man on the way to work, armed police officers?
Unsworn false statement
The district court of Bremen negotiated in the summer of 2015 for three days. Marcel B. remains in his Version: The chef had gone off on him. Two patrol officers who were called to gain to the scene of the crime, confirm that Valdemilson was de O. unruly. That police officers cover each other, is also typical. As the asylum seeker Oury Jalloh in 2005, ran in a Dessau police cell, fade, fail, the judges of the district court in the elucidation of the corps spirit. The unwillingness of the police to remember judge, Manfred Steinhoff, brought back in a Rage. “The Whole thing has to do with the rule of law, nothing more,” he scolded. The death of the asylum seeker is still unexplained to this day. Now two special investigator to the order of the state of Saxony-Anhalt, check the files once again.
Also in the process against Marcel B. the judge found clear words for the Esprit de corps of the police. The statements of the colleagues were influenced”, in support of the defendant, to construct a kind of act of Resistance,” they write in their judgment. The policeman would hold Valdemilson de O., and throw them to the ground. However, it should be “in no way” justified to hit him “for no obvious reason several times”. The district court sentenced Marcel to a year and three months on probation. “I’ve been sitting here now for 20 years,” says the judge. “Such injuries after a police I have not seen use yet.”
The torture ship – log a kidnapping
After the judgment is suspended the officer from service. His remuneration will be reduced to approximately 2000 Euro. Since the penalty exceeds a year, it would mean his dismissal as a police officer. Marcel B. an appeal. Again, it takes two years until the regional court of Bremen, negotiated in the summer of 2017. This time the two police officers who covered their colleagues in the first instance, deny the statement. The Prosecutor’s office determined now against you because of uneidlicher false statement.
the judge of the district court as the district court to believe that the police officer “has constructed the acts of Resistance to its excessive violence to cover application to Verde or to justify”. They confirm the judgment of the district court. “Acts such as this are likely to shake the confidence of the citizens in the integrity of the rule of law in particular,” writes the presiding judge in the judgment grounds.
Only now, about four years after that fateful Morning in may 2013, the office of the public Prosecutor, the proceedings against Valdemilson de. o. due to resistance against enforcement officials. Marcel B. a against the judgment Revision. With Success. In March of last year the higher regional court of Bremen to set aside the judgment of the district court. Although the judges do not doubt that the policeman has beaten the cook unfairly and badly hurt. But the district court had punished him too hard. “General preventive Considerations” that such acts could undermine the public’s confidence in the rule of law should play no role. They were already covered by the offence of “bodily injury in public office”. Now, the district court must re-negotiate. And Marcel B. may hope to see again as police work.
The proceedings against the two police officers who tried to cover for him, has now been set. In one case, the Prosecutor’s office sees the beginning of a suspicion, but no “reasonable suspicion” that would make a conviction likely. In the other case, the Prosecutor’s office sees only a “low debt”. Police have tried to officials before the court, an Innocent resistance against enforcement officials to attach, is for the Prosecutor, obviously not a big deal.
Valdemilson de O. has never recovered from the police assault. Still today, he suffers from panic attacks, psycho-therapeutic treatment. Can’t work it, he lives from a small pension, which pays him the accident insurance. “This may sound pathetic,” says his lawyer, Britta von Döllen-Korgel. “But my client’s life has been destroyed by these police assault.”