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

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