…against the accused listed as Bakary Daffeh, aka Bakery Jatta, March 8, 2022 (333 Ds 174/21 jug.)
In a decision dated March 7, 2022, the Hamburg-Altona district court did not admit the charges brought by the Hamburg public prosecutor’s office dated November 19, 2021 against the accused named Bakary Daffeh, aka Bakery Jatta, to the main hearing for factual reasons.
The Hamburg public prosecutor had brought charges against the accused for violating the Residence Act in four cases (section 95 subsection 2 no. 2 AufenthG) and for indirect false certification (section 271 subsection 1 no. 1 StGB). She justified the indictment with the fact that the accused, who always called himself Bakery Jatta and claimed to have been born on June 6, 1998 in Gunjur/Gambia, was actually called Bakary Daffeh according to the results of the investigation and was born on November 6, 1995 in Gunjur /Gambia was born. Reference is made to the public prosecutor’s press release of December 6, 2021.
The district court of Hamburg-Altona has rejected the opening of the main proceedings because, based on the results of the investigation, it does not see sufficient suspicion against the accused. According to the district court, there is no overriding probability that the accused deceived about his identity.
In particular, the indication of an incorrect date of birth would mostly probably not be proven in a later main proceeding. The investigations have not provided sufficiently reliable information for the date of birth of Bakary Daffeh, who is said to have been born on November 6, 1995 in Gunjur/Gambia. In particular, there are no public documents that could verify November 6, 1995 as Bakary Daffeh’s date of birth.
According to the result of the investigation, the district court is convinced that it must be assumed with sufficient certainty that the accused’s name is Bakery Jatta and that he was born on June 6, 1998. This is supported in particular by the present copy of a current passport, which was issued by the responsible authorities of the Republic of Gambia, as well as a copy of the birth register of the city of Gunjur/Gambia, which shows the birth of a Bakery Jatta, born on June 6th, 1998 in Gunjur .
Since there is no reliable information on the date of birth attributed to Bakary Daffeh and the passport, which must be regarded as genuine, as well as the birth certificate of the accused are massive arguments for his pleadings, the district court is convinced that it is highly unlikely that an incorrect date of birth has been used and would be to acquit the accused of the allegations due to lack of evidence.