OLG: No racist chats trial among police officers in Hessen
In the Hessian Police, during internal investigations since 2018, various chat groups were discovered where police officers and civilians shared right-wing extremist content. Several officers and civilians were suspended afterwards.
The prosecutor's indictment targeted a total of six suspects. Five of them were police officers during the timeframe between 2014 and 2018. They were accused of disseminating prohibited content in a WhatsApp group named "Itiotentreff".
The proceedings concerned mainly symbols of unconstitutional organizations and hate speech. The chat messages of the WhatsApp group, which were said to have exchanged around 1600 messages within a year, were evaluated.
The Frankfurt Regional Court rejected the opening of the proceedings based on the prosecutor's indictment. The prosecutor appealed. However, they had no success at the Higher Regional Court.
The Higher Regional Court stated in its statement that no criminal public distribution of the content had taken place. The messages were "settled in private, closed chat groups with a manageable number of people", according to the court.
A criminal offense only exists if there is a risk that the content will be passed on to "an indefinite number of people". However, there were no indications that the suspects intended to distribute their messages or approved of it - not even because they feared disciplinary consequences due to the national-socialist and xenophobic content.
However, the shared content reportedly led to disciplinary consequences. The group's purpose was to entertain the chat members through the exchange of shocking content. The court decision was made in the recent past and is not subject to appeal.
The Hessian Interior Minister Roman Poseck (CUD) stated that the court decision should be "respected". It shows, however, a "gap in criminal law that needs to be closed urgently". "Hate chat groups in public service are unacceptable", Poseck added. "They are punishable - and that is independent of whether public distribution of content occurs."
The disciplinary proceedings against the officers are to be "immediately resumed" and "promptly" concluded, according to Poseck. They were initially suspended due to the priority of the criminal proceedings. Against the five officers, the conduct of official business was also banned. Three of them were temporarily relieved of duty, two only received a partial salary.
- The discovery of these chat groups was made during internal investigations at the Hessian Public Prosecutor's Office in 2018 within the Hessian Police.
- The indictment, issued by the Public Prosecutor's Office, targeted six individuals, five of whom were police officers active between 2014 and 2018.
- The police officers and civilians involved were accused of sharing prohibited content in a WhatsApp group named "Itiotentreff," primarily discussing symbols of unconstitutional organizations and hate speech.
- The Frankfurt am Main Regional Court dismissed the case based on the indictment, prompting an appeal from the Public Prosecutor's Office to the Higher Regional Court in Hesse.
- Despite the appeal, the Higher Regional Court upheld the dismissal, ruling that the content was only shared among a private WhatsApp group, posing no risk of public distribution.
- News reports suggest that despite no criminal charges, disciplinary proceedings against the officers have resulted in temporary relief of duty, partial salary reductions, and a ban on conducting official business for some.
