Six Lausanne, Switzerland, police officers are back in court accused of causing the death of an arrested Nigerian man, Mike Ben Peter, in February 2018. The case was initially tried in 2023, where the officers were acquitted; however, the court proceedings have resumed to reexamine the circumstances surrounding the man’s death during a drug test.
The initial acquittal was based on the inability of forensic experts to conclusively determine that the police intervention directly led to Ben Peter’s death. The court had concluded that the causes of death were “multifactorial” and not solely a result of police intervention.
As the case returns to court, the officers’ conduct and potential negligence will be re-evaluated to determine their responsibility in the Nigerian man’s tragic death. The outcome of this case has the potential to significantly impact police accountability and the rights of individuals in police custody in Switzerland.
SWISS INFO
The Court of Criminal Appeal will sit in the cantonal courtroom of Longemalle in Renens. This highly anticipated appeal trial is once again followed by a significant number of parties, media and the public.
Mike Ben Peter, a 39-year-old Nigerian, died in February 2018 following a drug test in Lausanne. In June 2023, after four days of a sensational trial, the Lausanne Criminal Court ruled that the six officers who carried out the test could not be convicted of negligent homicide, following a decision by the Public Prosecutor’s Office.
“Multifactorial” causes
The judges referred in particular to the forensic expertise, which was not able to state with certainty that Mike Ben Peter had died because of police intervention or the method of restraining him.
The court of first instance therefore concluded that the cardio-respiratory arrest had occurred independently of the victim’s position, adding that the causes of death were “multifactorial” and that there were no “causal links” between the police intervention and the death of the Nigerian.
The Court also concluded that the police officers had not breached their duty of care. On this point, it departed from the prosecution, which had considered that the police officers had kept the victim on her stomach for too long.
Conversely, according to the lawyer for the victim’s family, the police officers used disproportionate violence. He has already mentioned several times that he would go as far as the European Court of Human Rights if necessary.
“I will not give up”
This original acquittal led to virulent reactions. “Shame”, “It’s too easy”, people in the Renens courtroom shouted, while boos and slogans hostile to the police were then chanted outside. from the court, where some 100 people had gathered.
Mike Ben Peter’s widow and his brother were applauded as they left the court. “This is not fair at all. I want to get justice for my husband. I am a lioness and will not give up,” she said. Several sympathisers then invaded the court hall to shout their anger, a scene rarely seen in Switzerland.
