For the second time, the Berlin district court is hearing the murder of a 15-year-old in the Rummelsburg Bay. The convict pleaded not guilty because he choked and raped the girl under the influence of drugs in August 2020. The board is not convinced.
More than two years after the murder of a 15-year-old girl in Berlin's Rummelsburg Bay, the capital's regional court has again sentenced a 43-year-old man to life imprisonment in an appeal process. Bekim H. was found guilty of murder and rape. Presiding judge Bernd Miczajka said the chamber was unable to identify "any significant reduction in his controllability" at the time of the crime.
The court had already sentenced the man to life imprisonment for murder and rape in March last year. However, the Federal Court of Justice overturned the judgment on H.'s appeal, which is why another chamber of the district court had to reassess the man's criminal responsibility.
A report from that time had found that H. had an organic brain personality disorder. He was also under the influence of alcohol and drugs. However, based on a new report, the regional court could not find any evidence of a personality disorder. Instead, the 43-year-old suffers from a chromosomal abnormality, the so-called Klinefelter syndrome, and fetal alcohol syndrome - damage caused by alcohol consumption by the mother during pregnancy. According to the new expert assessment, however, both syndromes had no influence on the defendant's ability to inhibit himself, and alcohol and drugs did not reduce it either. H. was still able to control his impulses during the crime, said Miczajka.
The accused and the student met by chance one night in August 2020 at the Ostkreuz S-Bahn station in the Friedrichshain district. According to the court, they agreed there that they wanted to take the drug speed together. They would have found a quiet place to do this. H. then raped and strangled the 15-year-old on the nearby wasteland at Rummelsburg Bay.
In its second verdict, the court found murder for the gratification of the sex drive. H. choked her during the rape "because this was his preferred sexual practice," said the presiding judge. According to a new report, he pressed continuously for at least three minutes. The verdict of March 2021, on the other hand, still assessed the choking as murder to cover up the crime. With the verdict, the court complied with the request of the public prosecutor. H.'s defense, on the other hand, had applied for his placement in the correctional facility. A new revision is possible.
