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The accused in court (archive image)
Photo: Olaf Wagner / imago images
Forensic
doctor
Michael Tsokos
says it very clearly.
The girl was strangled.
There is no evidence of an epileptic seizure.
The 15-year-old died because Bekim H. pressed her neck shut for minutes on the night of August 5, 2020 at the Rummelsburger Bucht in Berlin.
With an alleged "love game", as the defendant put it through his defense lawyers, the massive injury picture on the body of the dead could "definitely not" be reconciled.
"It is obvious that the victim struggled." The girl must have suffered "fear of death."
The 32nd Large Criminal Chamber of the Berlin Regional Court heard for forensic doctor Tsokos this Thursday at the request of the defense.
The defense had speculated that the girl might have died of an epileptic fit during consensual sex.
The defense responded with this theory to the statements of a first forensic doctor.
Its report had raised more questions than it provided answers.
That forensic doctor saw neither defensive injuries nor clear indications of rape on the girl's body.
Unique characters
Forensic doctor Tsokos sees it differently.
He speaks of "fixation injuries on the wrists" and of a long scratch on the upper body, which is "typical" when "outer clothing is torn off and fingernails get caught".
There is a similar injury to the lower body.
For Tsokos these are clear signs that the student was held and stripped against her will.
According to his statement, nothing remains of the defense theory of consensual sex.
Psychiatrist Dagny Luther then gives her report.
It is about the question of the culpability and the dangerousness of the accused.
In 2001, Bekim H. brutally abused and raped a 68-year-old woman.
Due to a severe personality disorder, he was admitted to forensic psychiatry.
He was only released on probation in June 2014, contrary to the advice of the clinic.
A network of experts took care of him in freedom.
He was under management supervision, continued to receive forensic therapeutic treatment, was not allowed to consume alcohol or drugs and was given a social worker as a caregiver.
And yet a girl dies in August 2020.
What went wrong?
Psychiatrist Luther asked herself that too.
One answer could lie in the defendant's complex disorder.
Bekim H. had an alcoholic mother
It was not until 2015, after his discharge from the clinic, that Bekim H. was diagnosed with the so-called Klinefelter syndrome, a congenital chromosome abnormality.
Bekim H. has one more sex chromosome than other men, XXY instead of XY.
And even later, in 2019, there was suspicion that he might also have fetal alcohol syndrome.
A suspicion that the psychiatrist Luther has now confirmed.
Bekim H's alcoholic mother also drank during pregnancy, which resulted in damage to her son's brain.
In the case of Bekim H., this means that there is an innate organic personality disorder.
Affected people often suffer from states of restlessness and tension and find it difficult to control their impulses.
In addition, Bekim H. suffered from psychopathy, an extreme form of dissocial personality disorder that he developed at a young age.
Mentally and physically "clearly reflected back"
Bekim H. grew up in desperate circumstances.
His mother not only drank, but also struck.
His father left the family early.
Bekim H. came to the home, to a foster family, to the home again.
Even as a child he was noticeable.
According to the expert, he was "clearly lagging behind" both physically and mentally.
Even today, the 42-year-old looks much younger than he is.
Bekim H. did not come with us at school.
He did not accept borders, threatened other young people and tried to compensate for a lack of self-esteem with violent behavior.
He came into conflict with the law early on.
Luther lists fraud, driving without a license and theft.
His life consisted mainly of partying and the satisfaction of spontaneous needs.
"That is antisocial life."
In 2001, Bekim H. committed his first serious sexual offense and was imprisoned.
There, Bekim H. continued to attract attention due to his provocative behavior and aggressiveness towards himself and others.
Bekim H. strives to exercise power, says the psychiatrist.
This was shown during the rape of the 68-year-old, which is also expressed in his later relationships through his preference for choking and for sex with sleepers.
Fully culpable
Nevertheless, the psychiatrist comes to the conclusion that, despite all the disturbances, Bekim H. was fully guilty when the fateful encounter with the girl occurred on the night of August 5, 2020.
His ability to steer was by no means restricted.
The fact that Bekim H. knew what he was doing and that he was in control of his behavior shows, above all, his behavior at night.
He hid the girl's body in the bushes, buried the student's eye-catching jacket, took her cell phone with him and removed the SIM card, which made tracking impossible.
Then he hid the cell phone under a radiator cover in his apartment.
With this, Bekim H. is now threatened with life imprisonment and no re-placement in psychiatry.
The expert also sees a high risk of relapse in Bekim H.
The risk that he will continue to commit serious crimes in the future is high due to his psychopathic personality disorder.
Due to his psychopathic personality, despite an IQ of 77, he had repeatedly succeeded in deceiving and manipulating people.
This is how he managed to use his supervisor for his own purposes after he was released from the clinic.
The supervisor had testified as a witness in the process.
The 61-year-old knew that Bekim H. was not allowed to drink or use drugs after he was released from psychiatry.
She also knew that he did both anyway.
She didn't betray him.
"Why not?" The psychiatrist Luther had asked her.
"For protection," said his supervisor.
She thought that she could work on "the subject" with him.
"That really shocked me"
"How did he manage that you held your hand protectively over him?" Luther asked further.
"I saw how hard he tried to get into life," said the witness.
"Has he ever conveyed to you that you are the ideal mother for him that he has never had?" Asked the psychiatrist.
The social worker hesitated for a moment.
"Yes, yes," she said then.
The woman apparently overlooked Bekim H's ability to manipulate.
The supervisor went into raptures in court.
She described Bekim H. "as an absolutely lovable personality".
He couldn't stand it when children were wronged, and he had "an absolute respect for old age."
The psychiatrist asked whether she knew how old the woman he raped in 2001 was.
She knew
"An older woman," she replied softly - and admitted that she had hidden this act while working with him.
Reviewer Luther made serious allegations to the supervisor this Thursday.
She should by no means have "hidden" the previous rape.
And she shouldn't have kept quiet about his drug and alcohol consumption, but should have sounded the alarm.
"It increased the risk factors by tolerating and covering them," says Luther.
“That really shocked me.
Words fail me."
