E/CN.4/1996/72
page 29
and whether they consented to having a blood sample taken. In some cases
because the hostel residents understood German the officials involved were
also able to communicate with them directly.
56.
Fifteen women in respect of whom the judge had ordered a blood sample to
be taken were not there. The measures ordered have not been carried out in
their case yet.
57.
A total of 40 women at the hostel were taken by police bus to police
headquarters in Cologne, where blood samples were taken from them by medical
practitioners in the presence of two interpreters.
58.
On the basis of a further urgent order made by the public prosecution
office pursuant to section 81a (2) of the Criminal Procedure Code another
three women, from whom a blood sample was to be taken by judicial order, were
brought to the gynaecological department of the women’s section of the Cologne
University Clinic for a medical examination. This was done because a witness
had stated that the women concerned resembled a person he had seen near the
place where the baby was found.
59.
The measures described above did not lead to the child’s mother being
identified. Investigations are continuing.
60.
The complaint filed by one of the women concerned against the taking of a
blood sample, ordered by Cologne Local Court, was rejected as unfounded by
Cologne Regional Court in a ruling given on 24 July 1995.
61.
Criminal charges were laid against the investigating public prosecutor,
the investigating judge with jurisdiction in the case and the policemen who
had been in command for, inter alia, infliction of bodily harm, coercion and
unlawful deprivation of liberty. The public prosecutor’s office at Cologne
Higher Regional Court instructed the Bonn public prosecution office to carry
out the subsequent investigations, which were terminated by the latter on
14 September 1995 because there was insufficient evidence that a criminal
offence had been committed.
62.
The chief public prosecutor in Cologne reviewed the matter, in the
exercise of his powers of specialist supervision, focusing on the question
whether - specifically in the light of the police detachment sent in sufficient account was taken of the women’s interests that warranted
protection, and particularly whether everything had been done to avoid a
possible exposure of the women that was not necessitated by the purpose of the
investigation. The chief public prosecutor also considered the question
whether the operation should have been conducted with greater sensitivity and
empathy. He had the following to say on this:
"I do not fail to recognize that the planned operation - already in
the light of the large number of persons involved irrespective of their
nationality or membership of particular ethnic groups - could only be
carried out with the deployment of a large police detachment. Even if
this operation was supposed, according to the Bonn public prosecution
office’s statements in the note terminating the investigation, to have
taken place in a ’quiet’, ’friendly’ and ’relaxed atmosphere that was not