Deadly police violence | Nine police officers charged after death of Ibrahima Barry

The Duisburg public prosecutor's office is accusing five male and four female police officers from a police station in Mülheim an der Ruhr of jointly committing dangerous bodily harm in office. The nine officers were involved in an operation on January 6, 2024, in which 23-year-old Ibrahima Barry died. As a court spokesperson confirmed to "nd," the corresponding indictment has been pending at the Duisburg Regional Court since March. The suspicion of dangerous bodily harm resulting in death, initially raised by investigators, has therefore been dismissed. The "WAZ" newspaper reported on this on Wednesday.

At the heart of the charges is the restraints used on the Guinean refugee during his arrest. The judiciary accuses the police of restraining Barry in a manner that endangered his life. "The public prosecutor's office assumes that this type of restraint was disproportionate and unjustified," according to a statement from the Duisburg Regional Court, which has jurisdiction over Mülheim.

Specifically, they allegedly restrained Barry's arms behind his back "using the official handcuffs" and additionally secured his legs with cable ties. Furthermore, the police officers connected both restraints together, which allegedly caused the young man considerable pain. According to the indictment, they were aware of the potential life-threatening nature of this restraint method.

According to the district court, the operation was triggered after Barry "became aggressive, caused a disturbance, and allegedly damaged the accommodation's inventory" in his room at a refugee shelter in Saarn. Three officers initially wanted to arrest him in his room. "Due to the victim's vigorous physical resistance," this was not possible, and Barry instead fled into the courtyard. There, according to the court's account, he allegedly threatened a security guard with the words "I'll kill you!"

Six additional police officers arrived for reinforcements. During the subdued attack, Barry allegedly bit several officers, causing bleeding wounds. "Subsequently," the 23-year-old was taken to an ambulance, "where a pulse could no longer be detected immediately afterward." Before resuscitation efforts began, he was removed from his restraints. According to the autopsy, Barry died of a heart attack at 9:48 p.m.

"During the arrest, the defendants allegedly attempted twice to use the remote electro-impulse device to influence the victim," the regional court wrote. However, these taser shots had no effect, and the use of the weapon therefore no longer plays a role in the charges. Whether the electrodes attached to arrows actually hit the 23-year-old is not clear from the statement. Detailed investigation results into the taser shots remain confidential, reports the "WAZ."

According to the court, the reason the charge is limited to grievous bodily harm (i.e., not resulting in death) is due to the complex cause of death. The prosecution could not conclusively prove that the method of restraint was directly fatal. Instead, investigators speak of a "combination of positional suffocation and a recent heart attack." Cocaine use, an extreme state of excitement, and a pre-existing lung disease were exacerbating factors. According to the prosecution, Barry would have died even without the combination of handcuffs and cable ties.

The solidarity group "Justice for Ibrahima" sharply criticizes the charges, seeing them as a trivialization of the events. The activists cannot understand why the public prosecutor's office sees no direct connection between the police operation and Barry's death. "Without being tasered and pinned to the ground, Ibrahima simply would not have died that day. How can one not see a causal connection between the police's actions and Ibrahima's death?" asks the group "nd." They demand a full investigation and question why the two 50,000-volt taser shots play virtually no role in the charges, even though electroshock weapons are known to cause cardiac arrest.

The defendants are actually from the Essen Police Headquarters, but at the time of the crime, they were working at the Mülheim station. The Duisburg Regional Court will hear their case before the 6th Grand Criminal Division. However, the charges have not yet been admitted. Therefore, it is still unclear when the trial will begin.