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Berlin Ombud Faults State in 2022 Police Restraint Death

The discrimination watchdog urges Berlin to accept responsibility after finding planning failures contributed to the death.

Overview

  • The LADG-Ombudsstelle issued a formal Beanstandung declaring the State of Berlin responsible for Kupa Ilunga Medard Mutombo’s death following a 2022 police-assisted transfer in Spandau.
  • The office found violations of the anti-discrimination law through omissions and actions, citing no interpreter, no psychiatric expertise, inadequate planning and prone fixation, with a witness reporting pressure to the neck or shoulder.
  • It recommends a public apology, formal recognition of responsibility and at least €45,000 compensation to the brother, plus binding guidelines, updated police training, an independent study and a working group.
  • The Interior Administration rejects definitive conclusions pending the active criminal investigation and points to the Spandau district for operational planning, noting only burial costs were covered without acknowledging liability.
  • The victim’s brother presses for legal consequences and pursues civil claims as lawyers allege investigative failures after prosecutors twice closed the case before reopening it in March 2024.