Frankfurt's Europa League match against Donetsk: tough criticism of police action in the Eintracht stadium

The chronology of an escalation begins on Wednesday evening with an interview. Eintracht Frankfurt's President Peter Fischer, known for his frankness, enthusiastically told the sports portal Dazn in the run-up to the Europa League knockout round tie against Shakhtar Donetsk: "The stadium must burn, and when I say that the stadium will burn tomorrow it will burn tomorrow so that you break because you have too much light - and that's why the game may be a bit foggy for you. "

The police took this as an opportunity to obtain a Düruchungsbeschluss at the district court. And for the fan curve, the toilets and a room in which Fanutensilien the "Ultras Frankfurt" store. Reason: Fischer's statement could encourage problem fans to burn off pyrotechnics. Already in the first home games in the Europa League, the Frankfurt curve pyrotechnics had detonated. However, nothing was found during the search.

Clear signals from the fan scene

And there is a simple reason for this from the point of view of Eintracht Frankfurt and the fans: The Uefa had imposed a suspended sentence, at the next Pyro incident the Eintracht fans would either have been denied an away match in Europe - or even the home curve blocked. Club representatives had therefore already held talks in advance - and apparently received clear signals from the fan scene that they would forgo pyrotechnics.

It is striking that both the police and the Hessian Minister of the Interior Peter Beuth (CDU) Fischer's quote in one place not verbatim reflect. While Fischer turns to the camera in the original and apparently says to the cameramen, "because you have far too much light ... the game may be a little foggy for you," it says in unison "in the opinions of the police and Interior Minister because it has so much light and the game is a bit foggy for you ".

This is from a subjunctive ("maybe") and a phrase that could also have referred to cameramen, has become a statement sentence, which apparently corresponds more to the reading of the security authorities.

"A shock"

The club management of Eintracht Frankfurt sees the search critically: CEO Axel Hellmann called them "constitutionally questionable". It was clear that Fischer did not mean his statement literally. The association announced a lawyer investigation of the procedures, "to the maintenance of own legal claims". "One was obviously not interested in the judgment of the situation by Eintracht Frankfurt on the part of the security organs, but wanted to set an example," it says in an opinion of the association.

Hellmann loudly had "Frankfurter Rundschau" on Thursday several times in vain with the Frankfurt police chief Gerhard Bereswill on the phone, to dissuade him from his plans. For Ina Kobuschinski, chairwoman of the fan club of Eintracht, the actions of the police are "a shock". "We do not deal with each other in Frankfurt, we always talk to each other, with everyone involved, everyone knew that there would be no pyrotechnics", Kobuschinski is sure, "even the police".

The defense lawyer Andreas Hüttl of the Association Fananwälte does not consider the entire reasoning of the police for saddle: "If I search for security, I can do so without a court order If it is about evidence in a criminal case, then I have specific accused or At least one concrete circle of accused persons can not serve this purpose, as the television interview of a club president who is not even part of the group that could ignite pyrotechnics can not do that. "

Police: "only problem fans" around the banner

After the unsuccessful search, the police then decided on another controversial measure: They confiscated a banner on the stand: "Beuth, the fucker fucks back". According to police spokesman Andrew McCormack, this was interpreted as "insulting to the detriment of the Hessian interior minister". The police therefore had no discretion, because when their offenses become known, they are bound by the law enforcement obligation.

However, the law also applies to the principle of proportionality. And here are the opinions diametrically diverge: Police spokesman McCormack told the SPIEGEL that there had been at this time "only problem fans" around the banner, the police officers "verbally threatened" had. Therefore, access with immediate coercion was "the mildest means" to "prevent the continuation of the crime" and "to secure evidence".

DER SPIEGEL could speak with an eyewitness, who would not like to be named. He said he was just behind the front rows when the access was made. According to his statement, there were already discussions with a police platoon leader, when "a police squad stormed in completely unexpectedly" and "knocked over everything and kicked things off", which got in the way. Ina Kobuschinski of the Fanklub-Verband confirms this version.

"One photo would have been enough"

For lawyer Hüttl this version would be a scandal: "If it had been so that the fans were already in the process of meeting the demands of the police, the mission simply lacks any legal basis." Apart from that, one also has to wonder whether the police in such a situation can even strike the balance between the constitutional right to freedom of expression and an offense such as insult, which is pursued exclusively at the request of the person concerned, within minutes. "In any case, a photo would have been enough to secure the evidence," says Hüttl.

According to fan representatives, at least two people were seriously injured by the police in the police operation. On a YouTube video you can see (from minute 00:38) how a young man is suddenly pushed over by a police officer for no apparent reason behind a gang.

He is said to have broken a lumbar vertebra according to consistent testimonies. Also to a double wrist fracture on both forearms it should have come in another person affected. Nevertheless, Interior Minister Beuth insisted in a press conference on Friday that it was "not about any banners", but about the "safety of the stadium visitors".

Ultra representative: "A personal guerrilla warfare"

A statement that is "only cynical" on Martin Endemann of Europe's largest and Uefa-recognized football supporter organization "Football Supporters Europe" (FSE). Endemann was on site and assesses the statements Beuths and the entire mission extremely critical.

"Because people are seriously injured by a police operation, because they allegedly insulted a minister - and this is followed by talking about dangers for stadium visitors." The only danger went out this evening from an overly motivated police, apparently at any time De-escalation, "says Endemann.

We wish those fans who suffered some serious injuries yesterday due to the police deployment in the stadium a good and speedy recovery! #including #SGE

The "Ultras Frankfurt" accuse Interior Minister Beuth in a statement that there are "for weeks" police operations, which "apparently have the goal of bringing about an escalation". Beuth leads thereby "a personal small war". Insinuations sharply rejected by the security authorities.

In his press conference, Beuth attacked both the club president and the "police-famous fan scene" and spoke of "lack of distance" to "incorrigible chaotic", which must be "put the craft", even with "lifelong stadium bans" and tougher laws.

After de-escalation that does not sound.