Four years ago, two Berlin police students are said to have chanted “Sieg Heil” at a sports event. First they were convicted. Then acquitted. After the Court of Appeal overturned the acquittals, they are now back before the Regional Court.
They vehemently deny the allegations. Both have now completed their training with the police and are law enforcement officers.
The incident: April 27, 2018, Mercedes-Benz Arena (Friedrichshain), Alba Berlin plays basketball. The words “Sieg Heil” are said to have been uttered in the spectator stands “clearly perceptible to bystanders”. According to the indictment by the Berlin public prosecutor, the police students at the time were aware that this was the forbidden salutation of the NSDAP.
The district court: On May 16, 2019, he was sentenced under paragraph 86a (use of signs of unconstitutional and terrorist organizations, fine of up to three years in prison). Both are found guilty. Each fined 40 daily rates. One should pay 2400 euros, the other 1200 euros. Both are appealing the conviction.
The regional court: October 23, 2020. After another hearing, the verdict is: acquittal. The Berlin public prosecutor’s office does not agree with this and is appealing.
The Superior Court: May 31, 2021. The acquittals are overturned by judgment and referred back to another criminal division of the district court for a new hearing and decision.
The district court, second attempt: “Gentlemen: Everything back to the beginning,” says the judge. Eric W. (31) and Tobias B. (29) have been facing the same allegations for four years.
“I don’t have any real views,” says Eric W. “If I had heard such shouts in the hall, I would definitely have stopped them. That was the first time I was with Alba – and since then never again.”
Tobias B. also asserts his innocence: “There were fan chants and at the end there were shouts of victory because Alba was leading. I participated and was loud. But I just shouted ‘victory’, nothing else.”
Judgment on March 3rd. A former co-accused had accepted the conviction by the district court and paid the fine imposed.