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Case reopened

January 7, 2010

A German court has decided to reopen the case of a Sierra Leonean who burned to death in a jail in the eastern city of Dessau in 2005. A state court had acquitted two police officers on duty at the time.

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Mamadou Jalloh
The dead man's brother wants justiceImage: picture-alliance/ dpa

Germany's Federal Court has ruled against a verdict issued in 2008 acquitting two policemen of manslaughter, after they allegedly failed to assist a man who burned to death in a jail cell in the eastern German city of Dessau.

The Karlsruhe court said there were "serious holes" in the case made to the state court in Sachsen-Anhalt, which cleared the officers of the charges.

The initial ruling had concluded that 23-year-old Oury Jalloh of Sierra Leone committed suicide inside his cell, using a cigarette lighter to set his blanket and himself on fire.

Judge Ingeborg Tepperwien said the details of the "suicide" remained unclear and that Jalloh's family members had the right to a fair trial.

Serious holes

In particular, the judges questioned why the officers didn't respond more quickly to the fire.

"How can a man set himself on fire and not scream in pain? This matter must be cleared up when the case is reopened," Tepperwien said.

Investigators in the Dessau prison cell
Details of the death will be reinvestigatedImage: AP

After the initial verdict was released, the head judge of the Sachsen-Anhalt court, Manfred Steinhoff, went against its findings and accused the Dessau police of being responsible for the crime. He also accused police officials of attempting to cover up the affair.

Jalloh was in the Dessau jail cell after being arrested for disorderly conduct five years ago, on January 7, 2005. The officers on duty in the jail said they handcuffed Jalloh to a bed in his cell after he resisted arrest.

Both officers said they did not know why the mattress went up in flames and that they couldn't rescue the burning man.

Jalloh was seeking asylum in Germany. His death provoked international criticism and sparked widespread protests within Germany. Demonstrators alleged that Jalloh's death was a racist killing.

glb/AFP/AP
Editor: Nancy Isenson