E/CN.4/1996/72 page 34 that she had been kicked and held round the throat by a policeman. During police questioning Ms. Oztürk never claimed that she had been kicked. 83. On 11 July 1995 the Hamburg public prosecution office terminated the investigation in respect of police officer H. on the ground of insufficient suspicion that an offence had been committed. The public prosecution office explained its reasons for terminating the criminal proceedings in a detailed letter, in which it was also pointed out that Ms. Oztürk had refused to undergo a medical examination on 6 April 1995 and only went to the doctor on 11 April 1995. It was stated that the doctor confirmed that she had not found anything serious. The police measure carried out by the accused police officer was also said not to have been objectionable from the point of view of the principle of proportionality. Ms. Oztürk did not file a complaint against this notice of termination. Case No. 1995/13 Allegations Place: Göttingen (Lower Saxony) Date: 13 May 1995 84. It has been reported that a Jewish cemetery in Göttingen was damaged by neo-Nazis; 11 tombstones are said to have been broken on 13 May 1995. The damage is estimated to be around DM 55,000. 85. It is alleged that this desecration had a racist motivation. Observations 86. On 8 May 1995 unidentified offenders destroyed 11 tombstones of deceased Jews in the Jewish burial-ground in Göttingen municipal cemetery by knocking over tombstones, which then broke. There are indications that this desecration was perpetrated by persons from right-wing extremist circles but there are no indications of the identity of particular individuals. Publication in the media also did not lead to any specific tip-offs. Consequently, the investigation had to be terminated. In its termination order, the Göttingen public prosecution office stated that there were indications that the desecration had been perpetrated by persons from right-wing extremist circles, but that it had not been possible to procure more information regarding particular individuals. Case No. 1995/14 Identities Fatma Çirmak (Ms.) Murat Çirmak (Mr.)

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