Policeman admits torture threat (Frankfurt Deputy Police Chief)

BBC News ^ | Friday, 20 February, 2004, 16:04 GMT | Ray Furlong

[Murtyo]

German prosecutors have filed charges against a deputy head of police after he ordered officers to threaten a suspect with torture.

Wolfgang Daschner, of the Frankfurt police department, has admitted issuing the order to try to find the whereabouts of a kidnapped boy.

The child, who was 11 years old, was subsequently found killed.

The case has caused public debate in Germany about whether such means might be justified in extreme circumstances.

'Intense pain'

The policeman admitted issuing the order Mr Daschner has argued he was utterly justified in threatening the man, who was held in police custody.

The events took place in September 2002, when the police were searching for the boy, Jakob von Metzler, a rich banker's son, who had been kidnapped.

On Mr Daschner's orders, Frankfurt police threatened the suspect with "intense pain" if he did not reveal the whereabouts of Jakob.

The man then confessed to having already killed Jakob, and told the police where the body was.

He is now serving a life prison sentence.

Echoes of Nazis

The case raises difficult issues.

Most Germans acknowledge that Mr Daschner wanted to save an innocent young life, and believe that the threat would not have actually been carried out.

But there are still also strong memories here of the use of torture by the Nazis.

German state prosecutors have now concluded that while Mr Daschner's motives were understandable, the threat of torture was not acceptable, and had breached elementary constitutional rights.

No date for a trial has been set

[Murtyo]

interesting one!!

[misterrob]

And leave it to Liberals to raise the specter of Nazi-ism when protecting the rights of criminals. Outstanding!!!

[Little Ray]

Sounds justified to me.

If it was the wrong guy, the cop should be prosecuted for malfeance, assault and battery, etc.
Since he had the right guy, he should not be tried.
The reason we have cops instead of robots is judgement...

[lelio]

Frankfurt police threatened the suspect with "intense pain" if he did not reveal the whereabouts of Jakob.

Oh come on. Details, please.

Googled this case and found this article about it. The 11 year old kid was either sufficated or drowned by a 27 year old law student that's a friend of the family.

[Restorer]

I don't know how they handle it in Germany, but I suspect it would be very difficult to get a US jury to convict.

[observer5]

"justified in extreme circumstances"

The problem is who determines what are extreme circumstances...

[dead]

In a case like this, you're supposed to threaten torture quietly and then deny everything.

[Billthedrill]

The Head of Frankfurt’s Police, Harald Weiss-Bollandt, who personally informed the anguished Metzler family of their son’s death, spoke of a " crime despicable of humanity". The police, he said had tried "everything humanly possible" to save the life of the boy. "Unfortunately, we didn’t seem to succeed," he said.

I have to sympathize with Herr Weiss-Bollandt. Of course you can't go threatening just anyone, but in these extraordinary circumstances I'd have been tempted.

[An.American.Expatriate]

Germans do not have trial by jury!

Normally there are three judges, one is a "real" judge, the others are, more or less, "civilians" (Michael, plese feel free to correct any errors!!) They are bound by rule, and, as far as I know, have no "leeway" except in sentencing.

[Michael81Dus]

Absolutely correct, AAE, that´s why I´m confident that the guy will be sentenced (and if only to a fine).

[An.American.Expatriate]

No offense here Michael . . .

but it for the very fact that there is no leeway which makes me dislike the German System. In this case there was a very real chance that the boy would be found alive and that this guy could have provided the information "in time" - that this "fact" will not be considered in the question of "guilt", but merely in sentencing is just not acceptable.

You will disagree, which is your right, and we have discussed this issue before, so no need to do so again - simply wanted to set the record staight for those unaware of the way the German Judicial System works.

[Murtyo]

Law Student!!