E/CN.4/1996/72 page 27 According to the police reports which I have at my disposal, the police officers were wearing helmets, bullet-proof vests and face masks, as well as armbands with the word ’Police’ printed on them, and had Land crests on their vests. When the officers entered the ’Bistro Royal’, those present, including Mr. Bayrak, Mr. Yildiz and Mr. Isik were addressed several times, loudly and clearly, with the words: ’Police, don’t move’. Mr. Bayrak reportedly rushed towards one of the police officers with outstretched arms, although the former was carrying a firearm in his right hand. He was then pushed to the ground and handcuffed by two other officers. The officers had to use considerable force because of the amount of resistance offered by Mr. Bayrak. The claim made by Mr. Bayrak in the investigation proceedings that a sack had been pulled over his head is incorrect. The SEK did not use any such item. Because another of those present said that Mr. Bayrak suffered from heart disease, he was immediately treated by the emergency doctor who was on the scene. According to the report, Mr. Bayrak was neither struck nor kicked. The police report further states that Mr. Yildiz attempted to grab a machine gun from an officer who was providing cover. The officer defended himself against this attack. The report states that Mr. Yildiz was handcuffed. In proceeding 40 UJs 22/95, Mr. Yildiz stated that he had interpreted the incident not as a police operation but as an attack by an gang of criminals or a terrorist group, and had thus attempted ’in an instinctive defensive reaction’ to push the weapon which was in the hand of the nearest police officer to the side. According to the information available to me to date, there is no reason whatever to suppose that the police operation in question was ’racially motivated’." 45. Düsseldorf chief public prosecution office also reported that the three persons apprehended in the pool café "Bistro Royal" in Mülheim an der Ruhr were two Yugoslavs and one German national. Case No. 1995/9 Allegations Place: Cologne (North-Rhine/Westphalia) Date: 13 April 1994 46. It has been reported that on 8 April 1994 a newborn baby was found abandoned in a park in Cologne and taken to hospital where he was examined and declared to be in sound health. 47. On 13 April 1994, at 6 a.m., more than 100 policemen are said to have been dispatched to surround a camp for asylum-seekers belonging to the Roma and Sinti minorities. There they are said to have conducted a search because, they said, they were tipped off by a witness who saw a woman with a baby carriage who looked "like a Gypsy".