E/CN.4/1996/35/Add.1
page 46
Alhaji Omar Sey, a former Minister of External Affairs; Yaya Ceesay, a former
Minister of Local Government and Lands; Hussainu Njai, a former bank director
and member of parliament; and Oussainu Darboe, the Vice-President of the
Gambian Lawyers’ Association. They were among at least 40 persons reportedly
arrested around or after 12 October in connection with their alleged support
for the banned People’s Progressive Party. They were said to be held
incommunicado at the Bakau military barracks near Banjul.
Germany
Information transmitted to the Government and replies received
228. On 29 May 1995 the Special Rapporteur transmitted a letter informing the
Government that he had received reports indicating that some persons, mostly
foreigners, asylum-seekers or members of ethnic minorities, had been subjected
to ill-treatment or torture by police officers. The Special Rapporteur also
transmitted three individual cases and on 18 September 1995 the Government
sent replies to those allegations. The allegations and the replies are
summarized in the following paragraphs.
229. Bülent Demir, a 17-year-old German citizen of Turkish origin, was
reportedly detained by police on 4 April 1994 in Berlin after he had been
detected spraying the wall of a house with paint. Two officers allegedly
punched him in the kidneys and the face and one officer kicked him in the head
so that his face hit the ground and two teeth broke. Medical certificates
were said to reveal that he had suffered bruises, abrasions, two broken teeth
and a broken finger which required surgery.
230. The Government replied that Bülent Demirer had fallen while fleeing from
police when told to stop and had hit the pavement with a Balaclava helmet that
he was wearing. After falling he had tried to get up and run, but was
restrained and handcuffed by the officers. He told the officers that he had
broken two incisors and an abrasion was visible on his face, but he refused a
police offer to take him to hospital. After his release from police custody
he was treated in hospital, where bruises, abrasions, partial tooth loss and a
broken finger were diagnosed. Investigations did not confirm claims that the
injuries resulted from kicks and blows administered by the officers. The
injuries may have resulted from his fall and subsequent attempts to escape
from the officers. The evidence was lacking for criminal charges to be
brought against the officers and it had not yet been decided whether any
disciplinary measures would be taken against them.
231. Yusef Barzan, an Iraqi Kurd asylum-seeker, was reportedly attacked by a
group of youths carrying baseball bats during an anti-foreigner rampage in
Magdeburg, Saxony-Anhalt, on 12 May 1994. While being chased through the
streets, he encountered several police officers. Instead of offering him
protection, one of the officers allegedly threw him to the ground, struck him
with his baton, kicked him in the testicles and continued to beat him in the
police car. He was released from custody the following morning.
232. The Government replied that the Magdeburg public prosecutor had filed
charges against the officer for physically ill-treating Yusef Barzan and
damaging his health. The charges alleged that the officer had struck the
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