E/CN.4/2001/66
page 103
Observations
516. The information reaching the Special Rapporteur over the years is disturbingly consistent
with the general allegation summarized in paragraphs 499 and 500 above. The Special
Rapporteur urges the authorities thoroughly to review the capacity of the institutions in place to
prevent, investigate and punish acts of torture and ill-treatment by law enforcement officials and
to make the reforms necessary to address this problem.
Germany
517. By letter dated 5 October 2000, the Special Rapporteur advised the Government that he
had received information on the two following individual cases, to which the Government
responded by letter dated 8 December 2000.
518. Mehmet Korkmaz, a Turkish citizen of Kurdish ethnic origin was allegedly ill-treated
by four officers of the Stuttgart Federal Border Police during an attempted forced deportation
from Stuttgart airport to Turkey on 11 May 1999. He was allegedly repeatedly kicked. He was
then taken to a medical centre in Karlsruhe, where he was treated for his injuries and found to
have received at least 20 bruises. The police officers, three of whom were reportedly
temporarily suspended from service during the investigation into the incident, have reportedly
maintained that the detainee’s injuries were self-inflicted.
519. The Government confirmed that coercive measures had to be applied in order to make
him move up the gangway as he announced at that time and for the first time that he was not
prepared to return voluntarily to Turkey. The police officers and flight attendants tried to calm
him down once in the airplane. Because of his extremely aggressive behaviour, his hands were
bound in order to prevent him from hurting himself and the persons next to him. A few minutes
before take-off, the deportation was called off at the order of the aliens authority. He
nevertheless refused to get back into the police car which was to take him back to the Border
Police duty station. Once again, coercive measures had to be applied to him. But the measures
taken were always in line with the law. A preliminary investigation by the public prosecutor
against officers of the Federal Border Police who were suspected of having caused bodily injury
in the execution of their duty was discontinued. A complaint against this decision was later
rejected.
520. Serge Menga-Nsibu, a man of African origin, was allegedly ill-treated by two police
officers in Essen on 1 September 1999 during his arrest, en route to the police station and at the
police station. Police officers are said to have banged the left and right sides of his head off the
adjacent walls and to have repeatedly kicked and punched him. He was forced to undress and
subjected to racist abuse. After being released, he was reportedly taken by a friend to the
Elisabeth Hospital in Essen (Elisabeth-Krankenhaus Essen). The medical report indicates that he
suffered first degree concussion, bruising to his head and a cut to his face.
521. The Government indicated that, while his car was being searched, Serge Menga-Nsibu
adopted an aggressive behaviour towards the police officers, who had to use physical force to
restrain him. He was eventually handcuffed and taken to the police station. Owing to his
injuries (face swelling and laceration), sustained during his fight with the police officers, he was
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