SEK storms house - although suspect is not even there!

Published on: May 08, 2025Categories: Working world, LegalReading time: 2 min.
class="img-responsive
Avatar photo
Nora Wölflick writes about interesting, current topics for the Love & Law Blog at Recht 24/7.

Doors blown down, family traumatized - and nobody wants to have done it

A spectacular SEK operation in Wuppertal has left one affected family shaking their heads - and frustrated. In the early morning of June 15, 2023, heavily armed and masked police officers forced their way into a detached house. Doors were blown open, shots were fired, a woman panicked and hid behind the sofa - but the man the police were looking for wasn't there. And even worse: the public prosecutor's office knew this.

The suspect's wife later filed a lawsuit. Her house was badly damaged, she and her daughter said they suffered trauma - and demanded a total of 200,000 euros in damages and compensation for pain and suffering. But the regional court in Wuppertal dismissed the case.

Public prosecutor's office knew - the SEK did not

How could this operation come about even though the man was not even in the country? The public prosecutor's office was actually aware of his trip, as the arrest warrant against him for tax evasion had been suspended. The man, a gold trader, was therefore not an acute "fugitive".

However, the State Office of Criminal Investigation, which organized the operation, was apparently unaware of this. It was acting on behalf of Interpol - the Italian authorities were investigating gold smuggling. In cases like this, there is not much hesitation. Nevertheless, the question arises: why is nobody talking to each other here?

Court: "No official duty violated" - but a bitter aftertaste remains

The judges made short work of the case: the claim was dismissed. "Ultimately, we were unable to establish any breach of official duty," it said. The police could have assumed that the wanted man was in his house - even if the arrest warrant had been suspended. After all, he was known to have weapons ready to fire. In such a case, an intervention by an SEK was proportionate.

The damage to the house? The psychological consequences for mother and daughter? The court does not see the state as responsible for this. And the plaintiffs? They are left not only with destroyed doors, but also with the legal costs. An appeal is still possible.

Authorities flying blind - and nobody wears glasses!

What happened here is not a minor misunderstanding, but a prime example of how authorities can fail - without being legally prosecuted. One side knows, the other storms in with a battering ram. The consequences are borne by others. Even if the court may have done everything right from a legal point of view, this case shows that communication is not just a nice idea, but the difference between police work and trespassing. If something like this is legal, perhaps we don't need to change the law - but the reality in which it is applied.

Was your house stormed by the SEK? Get advice from an experienced lawyer now and secure your rights!

At a fixed price of 119 EURO (gross)