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Two out of three German citizens ask for an independent complaints office to investigate suspected police crimes. This was the result of a survey on behalf of the WDR. So far, the police officers are investigating the police officers.
By Christina Zühlke, WDR
A female police officer who hit a man on the head several times with her fist in Krefeld. A young man who is surrounded by policemen in Hamburg and pressed against a wall. Such police operations sparked discussions. Likewise, the case of the 31 police officers from the Essen police headquarters, listed as “suspected cases of right-wing extremists” because they harassed refugees in a chat group.
Apparently, even in light of these current incidents, a clear majority of citizens want an independent whistleblower and investigation authority to investigate police crimes. This is shown in the result of a representative survey conducted by Infratest dimap on behalf of the WDR. 65 percent of people think that creating an independent agency is a step in the right direction. 30 percent, on the other hand, don’t believe it.
Who controls the police?
Until now, the German public prosecutor’s office has been in charge of controlling the police. Jurists and human rights activists criticize, however, that close cooperation between police officers and prosecutors makes this control difficult.
Matthias Jahn, a criminal lawyer at the University of Frankfurt, points out that, on the one hand, the prosecution has to investigate incidents such as police violence, but on the other hand it also depends on the work and cooperation of police officers. “And that puts them in an uncomfortable situation, because an overly effective investigation can generate resistance in the police department, which in turn could overload joint investigation work in the future,” Jahn said in Exclusively in the first: What about the police?
Experts have also criticized the fact that police officers investigate police rapes. Because this is how police officers interrogate people who are alleged to have been victims of police violence. “This is often a big problem for those affected,” says Eric Töpfer of the German Institute for Human Rights. “There have been reports of people being retraumatized.” As police officers investigate police officers, according to Töpfer, “the belief in the independence of the investigation has weakened.”
Criticism of the citizen complaints offices
Wanted in a joint investigation WDR and “Handelsblatt” know what possibilities the citizens of Germany have to complain to the police independently. The result: There are special complaints offices, the so-called state police, in just six federal states.
In Saxony, Thuringia and Lower Saxony, however, these complaint offices are not really independent. They are incorporated into the State Chancellery or the Ministry of the Interior, where the police are also based.
Only in Schleswig-Holstein, Rhineland-Palatinate and Baden-Württemberg are there complaint offices that only have to report to the state parliament and are therefore truly independent. However, you can only view files and request feedback.
For Eric Töpfer, from the Institute for Human Rights, these three independent complaints offices are at least a step forward: “However, they lack sufficient personnel and equipment. And they cannot criminally investigate.” Criminal investigations are in the hands of the Public Ministry and therefore the Police.
Positive example from Denmark
Human rights activists like Töpfer criticize this practice and refer to other countries, such as Denmark. The Independent Police Complaints Authority is located in Aarhus, the second largest city in the country, since 2012. 34 employees deal with all kinds of conflicts between citizens and police. Unlike Germany, they have a budget in the millions and extensive investigative powers.
Chief Investigator Niels Raasted used to be a police officer. In front of WDR and “Handelsblatt” said: “The chiefs of police in all police districts are obliged to call us if, for example, a person is seriously injured or killed during a police operation or in police custody. And then we will handle the investigation from a very early stage. “
The head of the Danish Police Union, Claus Oxfeldt, views the independent investigating authority positively. Danish police officers were skeptical at first. Today they know that independent control strengthens the confidence of the Danes in their police: “And if the police want to solve a crime, then we need the help of the public, the citizens. And if they don’t trust us, we won’t get there.”
Police union: an internal clarification is enough
Dietmar Schilff of the German Police Union does not share the opinion of his Danish colleague. He believes that the current controls are sufficient. “There are internal institutions within the police that deal with this,” Schliff said.
You can see more on this topic tonight in the report “Exclusiv im Erste: What’s going on with the police?” at 9:45 p.m. the first.
