On 7 July 2011, the Commission requested to inspect files from Hamburg public prosecution
office from the most recent 20 pending investigations against officers of police station 11
chronologically up to 31 March 2011. The files reached the secretariat on 8 and
13 September 2011, respectively. The National Agency made the following statement on two
cases on 11 October 2011 as an addition to its report:
Recommendations of the Commission of
the Länder
Following a physical search in the detention
area of police station 11, the reporting party
was ordered to undress and to walk up and
down several times in front of three police officers in the so-called “waddling gait”. The
measure was said to serve to trace packets of
narcotics located on the body or in orifices of
the body. No drugs were found. A drug test
was also negative. The detainee referred to
the procedure as particularly undignified.
The senses of shame and the dignity of the
person concerned were said to have been
considerably impaired by the actions of the
police officers. It is irrelevant here that the person concerned carried out the action in question without contradiction. The person was
subject to considerable mental pressure in this
situation, and hence complied with the officers’
instructions.
The Commission of the Länder requests a
statement as to whether the police officers’
action was necessary, and if so why.
The incident gives rise to a finding that police
actions must always have in mind the dignity
of the person concerned. Should a physical
search be necessary, the action of trying to
locate items located in orifices of the body is
always to be carried out by a physician.
During a temporary apprehension, the person
who filed this charge received a blow to the
face from a police officer, since she resisted
the police measure, according to the information from the officer. The acting officer here
relied on the application of the so-called Atemi
technique said to cause a brief shock reaction,
and hence prevent the person’s resistance.
The notes of the public prosecution office
75
Reaction of the Authority for the Interior and Sport (Hamburg)
The criminal proceedings against the police officers underlying the facts were said
to have been discontinued by Hamburg
public prosecution office in accordance
with section 170 subs. 2 of the Code of
Criminal Procedure (StPO). In accordance
with section 15 of the Act to Protect Public
Security and Order (Gesetz zum Schutze
der öffentlichen Sicherheit und Ordnung),
the police were said to be permitted to
search for certain items on human bodies,
in their natural orifices and in their clothing. Also, it is said that the police were
permitted to frisk clothed bodies, search
naked bodies, as well as to look into the
natural orifices and cavities of the body
where the use of medical aids is unnecessary.
The official assessment of the facts did not
indicate that any official misconduct was to
be investigated.
Daily experience at police station 11 was
said to have shown that, for instance,
drugs are also hidden in all possible orifices of the body, such as between the buttocks. In individual cases, those concerned were asked to kneel down naked
since this position would release any object that might be hidden there. [...] Over
and above this, the “waddling gait” had not
been ordered at police station 11.
In order to facilitate the detention of a person resisting arrest, it could be expedient
to use a certain stimulus to distract them
from the ensuing police action (e.g. visual,
acoustic and/or physical stimuli). Examples of a physical stimulus are said to be:
a light blow with the back of the hand or a
swipe with the hand over the face, or a
slight kick against the shin. However, this
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