The family of a young Irish man who died after an altercation with police in Hamburg, Germany, has filed a final appeal against the city’s authorities in hopes of finding answers to their son’s death. The case of 29-year-old Shane O’Farrell has been a subject of controversy, with his family asserting that the police used excessive force during the arrest that led to his death. Despite the evidence presented, the local authorities have not brought charges against the police officers involved in the incident. In this article, we will explore the case of Shane O’Farrell and the efforts of his family in seeking justice and accountability for their son’s tragic death.
The parents of Oisín Osborn, an Irishman who was shot dead in his Hamburg home by a police officer in May 2019, are seeking a final legal attempt to bring the officer to trial in Germany. On the day of the shooting, police were responding to an emergency call from Osborn’s wife who reported that her husband was behaving erratically and was armed with a knife. Upon arrival, armed police broke into the couple’s home and confronted Osborn on the upstairs landing, where an officer shot him six times. The Hamburg state prosecutor decided not to prosecute the police officer, who claimed self-defence. However, several aspects of the case are contested, particularly whether Osborn was wielding a knife or a spatula when he was shot. Parents David and Katrina Osborn are seeking a motion to force legal action by Hamburg authorities, arguing that the six shots fired by the police officer constituted excessive use of force.
This latest move is significant as motions in Germany have strict conditionality, so the Osborn family must make a compelling case for why action is required to have any chance of success in achieving a prosecution under German law. Although the chances of success are slim, the family intends to exhaust every legal option in Germany before seeking the European Court of Human Rights in Strasbourg.
Oisín Osborn became a father just 10 days prior to his death. His wife reported that he had been behaving erratically in the days after a difficult birth, and that she woke to find him bringing kitchen objects, including steak knives, into their bedroom that morning. His parents believe that their son was suffering from a severe anxiety attack and that the confrontational police response escalated the situation. They describe the German justice system response to their family tragedy as “heartless and arrogant”.
The Hamburg chief public prosecutor initially disagreed with the parents’ request to prosecute the police officer for the fatal shooting, stating that in the circumstances, the officer had no other suitable option to end the attack than to use their weapon. The Osborns filed a review request with the chief public prosecutor, however, they agreed with the decision not to proceed.
The family is arguing that any use of force beyond what was necessary in response to a danger is excessive use of force. Moreover, they claim that their son did not pose a severe enough danger to the officers to warrant six shots. The Osborns’ lawyer, Onur Özata, stated that the police should only use force that is necessary and proportionate, which in this case was not applied.
The Osborns contend that the German justice system is treating Oisín Osborn’s illness as a moral failure and taking for granted that the police’s use of lethal force was reasonable without proof. In addition, David Osborn argues that it is vital to deal with people humanely, even in crisis situations, and that people suffering from mental illness should not be treated like criminals.
Though their chances of success are uncertain, the family’s efforts to fight the decision not to prosecute the police officer could lead to a better understanding of the use of force. The Osborns continue to seek justice for their son and hope that their efforts will prevent similar tragedies from happening in the future.
