E/CN.4/2001/66 page 23 73. The Government responded that criminal proceedings had been initiated against two police officers for causing bodily harm, at the request of a public prosecutor in Vienna. Following a criminal investigation by the Regional Criminal Court in Vienna, the public prosecutor concluded that the evidence was not sufficient for the continuation of proceedings, which were discontinued on 4 May. The medical expert report did not corroborate witness statements, which also contained contradictions. On 16 April 1999, Mohammed Ali Visilia was sentenced to nine months’ imprisonment, eight of which were suspended, on narcotics charges, attempting to resist arrest and committing bodily harm against police officers during the exercise of their duty. 74. Raymond Ayodeji, a 41-year old Nigerian national, was allegedly beaten by police on 3 July 1999 in St. Pölten town centre. A police officer reportedly asked him for his identity card, to which he is said to have replied that it was in his car. The resulting discussion reportedly became heated and Raymond Ayodeji allegedly asked for the police officer’s service number. The police officer reportedly called for reinforcements and shortly afterwards three additional police officers arrived, who proceeded to ill-treat Raymond Ayodeji. When Raymond Ayodeji’s wife returned with their children she is alleged to have seen her husband being kicked while he lay on the ground. The police reportedly used pepper spray when he struggled, some of which went into the eyes of his small son. It is reported that a police officer was bitten on the hand when he allegedly closed Raymond Ayodeji’s nose and sprayed pepper spray into his mouth. The police are said to have used racist language. Following his arrest and detention, Raymond Ayodeji was charged with resisting arrest, committing bodily harm and damaging property, and was reportedly given a conditional eight-month prison sentence in November 1999. 75. The Government replied that the Regional Court of St. Pölten was currently carrying out preliminary investigations against the police officers involved, who had been charged with committing bodily harm. The court is awaiting a medical expert opinion, inter alia. 76. Maryam Movahedi-Borojerdi, an Austrian citizen, and Robert Philipe, her Rwandan husband, were reportedly arrested at their home in Vienna on 8 March 1998. Four police officers, some or all of whom were armed, allegedly burst into her flat in Vienna while she and her husband were still in bed and told them that they were looking for drugs and weapons. It is believed that more than 15 officers carried out a search of the flat, during the course of which one officer struck Maryam Movahedi-Borojerdi in the face and another reportedly banged her husband’s head against a wall. They were reportedly taken to the police detention centre in Rossauerlände, where Robert Philipe was allegedly beaten during questioning. During several days in detention Maryam Movahedi-Borojerdi was menstruating heavily but was allegedly refused any sanitary protection, apart from a 30-centimetre long piece of paper. Following her release, Maryam Movahedi-Borojerdi made a formal complaint to the Ombudsman’s Office (Volksanwaltschaft) about the ill-treatment to which she and her husband had allegedly been subjected. It is understood that the authorities have been extremely slow in dealing with this complaint. 77. The Government replied that criminal proceedings had been initiated against six of the police officers involved, on charges of ill-treatment. The public prosecutor carried out investigations and concluded that the allegations were unfounded, leading to discontinuation of

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