E/CN.4/1996/72
page 37
and given the reason for their arrest. Similarly, they were given the reasons
for their release if they were not taken before the judge investigating the
case.
101. It follows from these facts that the raid had no "racist" background.
The fact that virtually all the people arrested were Turkish nationals
(particularly ethnic Kurds), was due to the composition of the drug
organization operating on these streets.
General commentary by the Special Rapporteur
102. The Special Rapporteur welcomes the reaction by the Government to the
allegations he submitted to it for its observations during 1995; it reflects
the constructive spirit of dialogue that characterized his visit to Germany.
103. The Special Rapporteur respects the law and is convinced of the
determination of the German people to combat racism and racial discrimination
and to bring them under control; accordingly, he places his trust in the
courts of Germany, which is a democratic State governed by the rule of law,
and which respects the dignity of the human person. He would like to repeat
his suggestion to the Government of Germany that the victims of racist,
anti-Semitic and xenophobic attacks be given fair and equitable compensation,
and that, in view of the serious trend of xenophobia, the Government consider
compensatory measures for the victims of violence, as is authorized in certain
European countries by the law on public security and compensation for victims,
which could help to solve the human problems posed by cases 4 to 8.