Police-related fatality sparks payment request from Ombudsman's office
In the heart of Berlin, on a September day in 2019, a tragic incident unfolded in a residential home for homeless people. The man involved was a 64-year-old with paranoid schizophrenia who did not speak German.
The ombudsman's office, following a complaint from the man's brother, launched an investigation into the police operation that ensued. Three years later, on the occasion of the third anniversary of the operation, the results of this investigation were published.
According to the ombudsman's office, the operation violated the ban on discrimination in the State Anti-Discrimination Act (LADG). However, the Interior Administration's evaluation states that there is no evidence of discrimination that would have legal consequences.
The operation saw a dozen police officers descend on the Spandau residential home. The man resisted when the police started to restrain him, and reinforcements were called in. He was taken outside during the operation, and a knee was placed on his shoulder area.
Despite a pulse being detected later, the man did not regain consciousness and was taken to the Charité, where he died on October 6 due to brain damage caused by lack of oxygen. The names of the police officers involved in the operation have not been publicly disclosed.
The ombudsman's office believes that the breaches of duty described in its report were likely a contributing factor in the man's death. These breaches include the operation not being sufficiently prepared, and no interpreter or external psychiatric help being called in.
The ombudsman's office calls for binding guidelines for police operations involving people in exceptional psychological situations, and for training content to be adapted accordingly. They also propose an independent study on the topic and recommend that the police apologise to the family of the deceased, acknowledge the responsibility of the state of Berlin, and offer compensation of at least 45,000 euros.
An overview of key findings was presented by the Ombudsman of Berlin's Interior Administration in August 2024, but a final assessment of the facts is not yet possible due to an ongoing criminal investigation by the Public Prosecutor's Office. The investigation was conducted in the context of an ombudsman procedure that was opened following a complaint from the brother of the man who died.
This incident serves as a stark reminder of the importance of proper training, preparation, and understanding in police operations involving individuals with mental health issues. The call for change echoes across Berlin, as the city strives to ensure such a tragedy never happens again.
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