GERMANY: Death of a prisoner
01 May 2002
On 11 May, Stefan N. was taken into custody by Cologne police after a report of a family argument. On 23 May, after spending two weeks in a coma, he died of a brain oedema. Colleagues reported that he had been repeatedly beaten by six officers in the police station, resulting in his hospitalisation. A forensic examination concluded that his death did not result from the beating, and the public prosecutor has refrained from bringing charges for bodily harm resulting in death or manslaughter. The family's lawyers have demanded compensation and argue that not only Stefan N’s death, but his arrest itself was unlawful.
The Am Eigelstein police station in Cologne has a record of violent police conduct. According to the weekly magazine Der Spiegel, an unpublished report into complaints about police conduct concluded that almost half of the First Police Division, Cologne (which includes the police station "Am Eigelstein") could not "control" their anger towards civilians. Ninety percent of the officers questioned thought colleagues had at times "gone too far" during police operations. According to the public prosecution, Am Eigelstein has seen 37 cases initiated against its officers over the past three years on suspicion of inflicting bodily harm. Several proceedings had already been initiated against the 28-year old officer facing charges in the current case.
Arrest warrants were issued against the 28-year old policeman and his 24-year old colleague on 25 May, after two of their colleagues reported that 5-6 officers had continuously kicked and beaten Stefan N whilst he was lying bound on the floor. They claim that he was dragged by his feet into a cell, where the beating continued, before he was taken to hospital by a paramedic. The beatings were allegedly carried out as revenge, after an officer was injured during Stefan N's arrest. According to the Kölner Stadtanzeiger newspaper (6.6.02), the younger policeman told the injured officer after the abuse of Stefan N. "we avenged you". Both officers are also accused of attempting to destroy evidence after they were seen removing blood stains and disposing of parts of their uniforms.
The preliminary medical report on Stefan N.'s death concluded he died of a brain oedema as the result of a heart failure. A medical examination by the university of Cologne however, held that his death was not the result of the beatings, because the victim had been "psychologically ill" and "visibly psychotic" during his arrest. The police and the public prosecutor declared on 26 June that his death was a heart failure, a result of a stress reaction. "[A]cute cannabis consumption" had also "impacted" on the situation, the authorities claimed. They conceded that the stressful condition the victim was in at the time of his arrest was "exacerbated" by the officers, but the death, they say, was not predictable and not brought on by them.
The two officers facing charges were immediately released from custody after their arrest and are currently suspended from duty. Jürgen Sengespeik, the officer in charge of Am Eigelstein has been transferred to another police station, but has refused early retirement. In the past, he had made various positive remarks about the conduct of the 28-year old officer facing charges, despite previous complaints of brutality. Sengespeik, claims not to have known anything about the complaints.
The family's lawyers have demanded an investigation into the legality of Stefan's arrest and death. Apparently, the disagreement between himself and his mother had already been settled when the police arrived on the scene. The family has now initiated a civil claim against the police. They will also appear as joint plaintiffs in the criminal proceedings against the two officers.
Frankfurter Rundschau 28.06.02; http://www.wdr.de/themen/homepages/ panorama 25, 28, 29.5.02, 5 & 29.6.02