| # taz.de -- Racial profiling by Federal police officers: This man is not a pick… | |
| > Two Federal police officers stopped a man from Leipzig at the train | |
| > station. Because of his skin colour. He filed a lawsuit and won. The | |
| > inspection was unlawful. | |
| Bild: Film director Kanwal Sethi only wanted to travel to Erfurt | |
| Leipzig taz | It was Monday, 31 March 2014. It was unusually warm for that | |
| time of year and the sky was light blue. The Leipzig film director Kanwal | |
| Sethi got up early to make the journey from his home town to Erfurt. This | |
| journey was to take over his life for approximately three years, infuriate | |
| him and ultimately take him to court. | |
| Sethi is a German citizen who was born in India. On that morning in March, | |
| he had to go to Erfurt for business. That same morning, he returned to the | |
| train station to go back to Leipzig. What happened next is something that | |
| often happens to Kanwal Sethi. 'This happens more in the East than in the | |
| West, and all the time in Saxony,’ he says. Two Federal police officers, | |
| Gerd H. and Thomas S., stopped him and wanted to record his personal data. | |
| Sethi suspected that the officers were stopping him simply because of the | |
| colour of his skin. | |
| He says that in all the time he spent on the platform, more than 15 | |
| minutes, neither officer asked any other person for proof of their | |
| identity. He politely made them aware that racial profiling is a violation | |
| of the constitutional principle of equality and according to international | |
| law is an act of discrimination. | |
| Sethi is convinced he behaved discretely, and that there is no reason for | |
| the inspection. Angrily, he finally shows them his ID card. | |
| However, he would also like to see the police officer’s IDs, because the | |
| plain clothes officers are on the way. He must be astonished to find out | |
| that neither of them had one. Sethi got their names and boards his train to | |
| travel home. Then he complains to the Federal Police. When he himself is | |
| blamed in the response given to him in taz, Sethi hires a lawyer. On 6 | |
| August 2014, his complaint is being brought before the Administrative Court | |
| in Dresden. | |
| ## “He acted like a thief“ | |
| Today, Sethi’s file is hundreds of pages long, including Sethi’s ticket | |
| receipts and several requests by the relevant Federal Police Headquarters | |
| in Pirna to “extend the deadline for comments once again“, because until | |
| the beginning of 2015 there was only one legal advisor capable of handling | |
| this. | |
| Anyone who takes action against a Federal Police Headquarters and with it a | |
| federal authority is also filing a suit against the Federal Republic of | |
| Germany. Normally the claimant submits a statement of claim, which is | |
| answered either with an acknowledgement or a statement of defence. In such | |
| a case, the statement of defence is then written by a legal administrator | |
| on the basis of reports submitted to them by the officials who have been | |
| accused. | |
| The first reports from federal policemen revealed by Kanwal Sethi are dated | |
| 1 April 2014, which is already one day after the incident at Erfurt | |
| station. „They could certainly imagine that there was something coming | |
| after I got their names“ says Sethi. In their deployment record there is | |
| indeed mention of an “expected disciplinary complaint“. The policemen write | |
| short, relatively neutral statements “from which you could at least | |
| interpret the truth“, says Sven Adam, Sethi’s lawyer. | |
| But the account is quite different in the second statements, which the | |
| legal advisor for the federal police in Pirna requested from officials and | |
| were used for the statement of defense. Suddenly, according to the | |
| statements, Sethi is said to have behaved like someone who the policeman, | |
| “from [his] many years of experience as an investigating officer in the | |
| fight against crime“, would identify as a “pick-pocket“. Reportedly, after | |
| recognising the police Sethi had suddenly veered away and changed his | |
| “direction of movement“. These statements were first written half a year | |
| after the incident. | |
| ## Shaking heads in the meeting room | |
| The “Sethi Kanwal administrative-case against the Federal Republic of | |
| Germany“ is finally coming before the Verwaltungsgericht (administrative | |
| court) in Dresden. It is Wednesday, 2 November 2016. At the end of the day | |
| almost all parties have left the meeting room shaking their heads. | |
| The Göttingen lawyer Sven Adam, who is a specialist in racial-profiling | |
| proceedings, initially poses general questions. „How did you prepare for | |
| this trial?“ he asks one of the two police officers. Gradually the | |
| defendant admits to having had prior knowledge his colleague’s statements | |
| and virtually copying them. The mood in the courtroom deteriorates; reports | |
| that were agreed in advance can no longer be neutral and serve as evidence. | |
| The presiding judge is furious when the second officer then also admits to | |
| “preparation of the testimony“ – to have been seen in the town of Pirna, | |
| near Dresden, together with his colleague. The lawyer, Adam, asks, “and | |
| what did you talk about?“ Suddenly the officer, whose head office is | |
| located in Bayreuth, Bavaria, is aware of his error: “Erm, only general | |
| things,“ he tries to wriggle out of it. Then, the Judge intervenes: “You | |
| are not telling me that you are summoned from Bayreuth to Pirna on a | |
| specific case, and then discuss something general?“ “I do not remember the | |
| subject of the conversation.“ Then he is silent. | |
| Initially, believes Sven Adam, it was not clear to the officer that this | |
| statement would make the entire trial absurd. “But collusive testimonies | |
| whereby a legally trained officer just points out what is essential and | |
| what is not, are no evidence,“ says the judge, and concludes the taking of | |
| evidence. | |
| ## Proof of identity demanded unlawfully | |
| “In this case we have proven that the Federal Police collude to prepare | |
| their statements,“ says Sven Adam. “And even though I cannot say for | |
| certain that it takes place systematically, it looks that way from this | |
| trial.“ | |
| Kanwal Sethi also discussed the outcome: “For me personally, the whole | |
| thing is over, because we won the trial. But the information that came to | |
| light in the trial stunned all those who heard it. The repeated racist | |
| checks are terrible, but preparing statements together as a matter of | |
| course goes against every form of constitutional conduct and is a scandal. | |
| If the Federal Police and their legal department collude to prepare witness | |
| statements and perhaps even devise them in order to discredit a citizen, it | |
| would have far-reaching consequences.“ | |
| The date is Wednesday 1 February 2017. Almost three months after the end of | |
| the trial, Kanwal Sethi and Sven Adam receive the verdict. The demand to | |
| see proof of the complainant’s identity in March 2014 at Erfuhrt station | |
| was unlawful. | |
| Robert Bendner, spokesman for Dresden Administrative Court, explains: “Of | |
| course, this verdict does not mean that the complainant will no longer be | |
| subjected to identity checks. Even if he finds himself in exactly the same | |
| situation again, the verdict will be of little benefit to him, should there | |
| be any doubt. We can only hope that the police officers have learnt | |
| something from this.“ The cost of the trial, including Sethi’s legal costs, | |
| must be paid by the Federal Republic of Germany. | |
| ## Further agreements? | |
| Sethi’s and Adam’s presumptions are confirmed in the ruling too. On pages | |
| seven and eight it reads as follows: “In view of the fact that the witness | |
| [Thomas S.] has travelled from Bayreuth to Pirna for this talk as part of a | |
| business trip, it seems illogical that this conversation would have merely | |
| been an instruction regarding the procedure of the upcoming negotiations’. | |
| Instead, it cannot be excluded that the specific facts have played a role | |
| on this occasion as well. […] Furthermore, the concern that arrangements | |
| about details have been made is present through the mere fact that this | |
| meeting has taken place. It is also not necessary to question the | |
| defendant’s legal advisor, who was present during this conversation, about | |
| its specific course or content, as such doubts had already arisen based on | |
| the details of the witness’ statement in the chamber[…].“ | |
| The Pirna Federal Police Directorate refused to make a comment on the | |
| incident before and after the judgment was sought, despite several | |
| requests. In response to TAZ’s question as to whether it was common | |
| practice to summon officers to the Police Directorate to 'compile’ | |
| statements their spokesman sent the following message: “The Pirna Federal | |
| Police Directorate staff are entirely subject to an obligation of | |
| truthfulness, both before their superiors within the scope of their | |
| employment and before the responsible court within the scope of oral | |
| negotiations.“ | |
| A clear 'no’ could seemingly not be agreed on in Pirna, even after joint | |
| consultation. | |
| Original in German/auf Deutsch: [1][“Dieser Mann ist kein Taschendieb“] | |
| 7 Feb 2018 | |
| ## LINKS | |
| [1] /Racial-Profiling-durch-Bundespolizei/!5377879 | |
| ## AUTOREN | |
| Hanna Voß | |
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| taz international | |
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