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Police operation in front of the Millerntor Stadium in Hamburg: FC Sankt Pauli demands clarification
Photo: Daniel Bockwoldt / dpa
SPIEGEL
: Mr. Feltes, after the Hamburg soccer derby on Friday, the police were criticized for their sometimes harsh approach.
What did you think when you saw the video footage?
Thomas Feltes:
My impression was that one mission obviously got completely out of hand.
When police officers have to hunt down individuals, gross mistakes have been made beforehand.
SPIEGEL
: You can see how an FC St. Pauli fan who has already been pinned to the ground is hit hard in the kidney area.
Is there a situation in which such behavior can be proportionate?
Feltes
: Definitely no.
If he pulled a knife or a gun it would be something to talk about, but that obviously didn't happen in this case.
We see a police officer freaking out here, perhaps because he was frustrated or otherwise personally uncomfortable.
SPIEGEL
: Does that excuse such behavior?
Feltes
: No, but it can help with the explanation.
A few years ago we did research on excessive police violence in an international comparison and found that the form on the day plays a major role.
Were there arguments in the service group?
Did someone sit around for hours, for example at demonstrations, without sufficient food?
SPIEGEL
: According to the Hamburg police, Sankt Pauli fans had previously masked themselves and ran towards a group of HSV fans.
An attack could have been prevented, parts of the group were then taken into custody, and the video was apparently made in this situation.
Does it matter what happened before the recording?
"Someone has to stop cops who lose their nerve"
Feltes
: In theory yes, in this specific case no.
Even if the fan had previously approached colleagues with a gun, that would not justify crossing the line.
The principle of proportionality always applies only to the current situation.
Nothing excuses this violence.
You can't hit someone in the face just because they spat on you fifteen minutes ago.
The correct response would be an arrest.
SPIEGEL
: What if the person doesn't allow themselves to be arrested?
Feltes
: If the person is kicking around wildly, so-called blinding strikes or measures that enable fixation are permissible.
But there are limits, especially when the person is already fixed to the ground, as is the case here.
A picture is currently circulating on Twitter, where an officer deliberately twists the foot of a fan who is lying on the ground.
I didn't know about this measure and consider it extremely dangerous - just like kneeling on the neck or head.
What happens if you suddenly slip?
SPIEGEL
: You can see a few officers standing on the ground around the fans.
How should they behave?
Feltes
: In the US, these people are called »police bystanders«.
Unfortunately, our police force in Germany has a completely wrong culture: Officers rarely if ever intervene when they see that their colleagues are using disproportionate force.
"Bystanders" could allow themselves the luxury of thinking more rationally than the officials directly affected.
Somebody has to stop cops who are losing their nerve.
SPIEGEL
: Should an official who doesn't intervene be prosecuted?
Feltes
: In my opinion yes, for example because of failure to provide assistance or even assisting in bodily harm.
The threshold for police officers is very low, they have to intervene: it's their job to help.
SPIEGEL
: What about the person filming the operation?
is she allowed to do that
Feltes
: Unfortunately, the case law is unclear because we have no supreme court decision.
I myself represented a doctor from Würzburg who was arrested, attacked and injured because he took up a police operation.
The basic principle may be filmed, but not published.
But in the Hamburg case, in my opinion, even posting the video is permissible because the officials have escalated to such an extent that they have made themselves into figures of contemporary history.
SPIEGEL
: The police have announced that they will investigate the matter.
What do you expect from it?
Feltes
: In this specific case, it will be difficult to assert proportionality and to discontinue the proceedings.
The recordings are too clear for that.
If the officer is identified - unfortunately, you can't see his number or name tag - I assume that there will be an investigation by the public prosecutor.
I hope it won't be discontinued then.
SPIEGEL
: What levers do you have to pull to avoid such incidents in the future?
Feltes
: The primary responsibility lies with the immediate superior.
Whoever leads the task force or the station determines the climate and mission philosophy.
If they don't show that human rights take precedence over criminal prosecution, such escalations are programmed.