E/CN.4/1995/34
page 57
Urgent appeals
298. The Special Rapporteur sent an urgent appeal on 20 July 1994 on behalf
of Zaza Tsiklauri, whose case is summarized above. While undergoing treatment
in hospital following a 30-day hunger strike, he was allegedly transferred
back to prison as punishment for an unauthorized meeting with human rights
activists in the hospital. Fears were expressed that the transfer had
occurred despite a lack of improvement in his medical condition.
299. Another urgent appeal was transmitted on 19 August 1994 on behalf
of Viktor Domukhovskii, Mamuka Danelia and Zurab Bardzimashvili, who
were at risk of ill-treatment or lack of appropriate medical care.
Viktor Domukhovskii was unable to stand in court due to beatings by police
in his cell. Zurab Bardzimashvili was on a dry hunger strike since 6 August
but had not been transferred from prison to hospital. Mamuka Danelia suffered
from a deteriorating pre-existing condition in connection with head injuries.
Observations
300. While the allegations were well documented and, taken together, gave
grounds for serious concern, the Special Rapporteur is conscious of the fact
the above cases are the first transmitted to the Government and that the
Government has had only had limited time to carry out the relevant inquiries.
Accordingly, he will refrain from making concluding observations in the
present report.
Germany
Information transmitted to the Government and replies received
301. By letter dated 20 April 1994 the Special Rapporteur advised the
Government of allegations he had received regarding Abdulkerim Balikci, a
Turkish citizen who had been residing in Germany for three years. He was
arrested on 3 August 1993 in the Charlottenburg district of Berlin by
policemen who requested his identity documents. After informing the policemen
that he did not have the documents in his possession, he was allegedly pushed
against a wall and handcuffed on the wrist. He tried to struggle free, but
was allegedly pushed to the ground, strangled and kicked on the side of the
head. He was then beaten around the head and right shoulder in a vehicle on
the way to the Bismarckstrasse police station. At the station, his nose began
to bleed heavily, he was asked if he needed a doctor and although he replied
in the affirmative, no doctor ever arrived. He was released a few hours later
and visited his own doctor, who reportedly identified the following injuries:
multiple bruising of the face, left elbow, both wrists, right knee, chest and
lower back; multiple abrasions to the right cheek and eyebrow as well as to
the right knee; and bruising caused by strangulation.
302. On 30 August 1994 the Government replied that two plainclothes officers
had requested identification from Mr. Balikci after an observer who believed
him to appear suspicious had called the police. He had tried to escape, but
was prevented from doing so by the officers and in the ensuing tussle they
fell to the ground. He continued to try to tear himself free and escape and
additional police who arrived on the scene got Mr. Balikci into a police car.
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