E/CN.4/2001/66
page 24
criminal proceedings. Maryam Movahedi-Borojerdi was held in detention in a cell for female
detainees on 8 and 9 March 1998. The cell contained 7 to 10 sanitary towels. Each apprehended
person is offered the opportunity to contact a lawyer or another person immediately upon arrest.
The police protocol in this case does not mention whether contact with a lawyer had been
requested. Robert Phillipe was sentenced to 12 months’ imprisonment for violating the law on
narcotic substances. Criminal proceedings against Maryam Movahedi-Borojerdi were
discontinued.
78.
Goekhan Canpolat, a 13-year-old boy of Turkish origin, was reportedly ill-treated by a
police officer in Neunkirchen on New Year’s Eve 1999, after reportedly setting off fireworks
from some dustbins with his cousin. Two police officers reportedly approached him and
allegedly called him a “shit foreigner” (“scheiß Ausländer”). A police officer reportedly grabbed
him by the collar of his jacket, then by his hair, and punched him on the back of his head. He
then reportedly pulled the boy by his hair and his jacket towards the entrance of the police
station. In the police station the boys were instructed to empty their pockets. The same police
officer reportedly swore at Geokhan Canpolat, threw the contents of his pockets onto the floor
and insisted that he had a long criminal record in Germany, where he and his family lives. A
medical examination was reportedly conducted on Goekhan Canpolat on 5 January 2000. The
report is said to state that Goekhan Canpolat was suffering from bruises to his head and right
thigh and scratches to his left temple, as well as sleeplessness and anxiety.
79.
The Government replied that the public prosecutor in Vienna Neustadt had requested that
Gökhan Canpolat and his father give testimony to the competent judicial authorities. An
interrogation had not yet taken place.
80.
A group of anti-racist protesters from Germany were allegedly temporarily detained
by police officers on 19 February 2000 near the Westbahnhof railway station in Vienna. Around
six police officers who were riding in a police vehicle reportedly got out of the vehicle, grabbed
hold of the four demonstrators and pushed them against the wall of an adjacent building and
kicked their legs apart. It is alleged that the police officers then forced them into the concealed
passageway of a house where they were forced to lean against a wall for some 20 minutes, while
the police officers searched them and their vehicle. They were allegedly kicked and punched,
their fingers were bent back and their hair pulled while they were leaning against the wall. The
police officers allegedly confiscated their shoes and informed them that if they dared to take part
in the demonstration planned for later that day they would be automatically arrested and would
suffer the consequences.
81.
The Government responded that the four demonstrators referred to by the Special
Rapporteur were presumably Urs Titus Stahl, Matthias Möller, Florian Warweg and Jörg Pfaff.
The regional criminal court of Vienna carried out preliminary investigations against seven police
officers at the request of the public prosecutor in Vienna. The public prosecutor concluded that
the evidence was insufficient and therefore the proceedings were discontinued. Items leading the
police to believe that the four men possibly intended to carry out acts of violence were
confiscated. Temporary detention was carried out with determination and due consideration for
the need for proportionality of police intervention.
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