Cologne prosecutors admit difficulty in sexual assault cases

None of the accused face charges over alleged New Year’s Eve assaults that caused uproar

German authorities say they are unlikely to find the majority of those behind the New Year’s Eve sexual assaults in Cologne, as the first sentences were handed down on Wednesday – for theft.

Testifying as a witness, a young woman from southern Germany said she and her friends described the mood in Cologne station as "relaxed, happy, not aggressive".

“When I came out of the train station toilet, I noticed the number of foreign men,” she said. Shortly after she was touched on her bottom while friends were grabbed between their legs. Then, as she took a picture, a 23-year-old Moroccan man identified only as “Younes A” approached her from behind and ripped her phone from her hands.

He ran and, when she did not immediately see him, an Afghan refugee who witnessed the theft directed her to the man. She caught up with him after someone tripped him. At first she thought he was also someone who had touched her but was not sure.

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She handed him over to police, who discovered bags of amphetamines in his socks. In custody since New Year’s Day, the man, who has filed for asylum without saying why in court, apologised to his 20-year-old victim in court on Wednesday.

The state prosecutor asked for a six-month sentence, telling the court the accused had “abused our welcome”.

After the hearing, which attracted huge media interest, the defendant’s lawyer said it was unfair to blame his client for others’ misdeeds. “Everyone has to be judged on their own actions and it’s not on that my client is being blamed, too, for what others have done,” said Florian Storz.

In a second case heard on Wednesday, two men – a Tunisian national and a Moroccan man – admitted stealing an Indian man’s camera bag. The 22-year-old Tunisian man was given a four-month suspended sentence. The 18-year-old Moroccan was given a juvenile sentence. As in the previous case, the men were released.

Criminal complaints

Police and prosecutors in Cologne say they are still working to identify and prosecute men involved in crimes associated with almost 1,100 criminal complaints, including about 600 of a sexual nature.

Some 16 men are in investigative custody since early January relating to the New Year’s Eve attacks, the majority north African, though only one faces concrete charges and only a small number are understood to be recently arrived asylum seekers.

Almost two months on, authorities say overcrowding and poor-quality video footage mean it will be difficult to prosecute those behind physical assaults, including rape, in and around Cologne train station.

“We are focusing our attention on the most serious acts and allegations,” said Ulrich Bremer, senior state prosecutor in Cologne. “But a larger number of the cases will not be cleared up.”

Derek Scally

Derek Scally

Derek Scally is an Irish Times journalist based in Berlin