E/CN.4/1996/72 page 28 48. The police are said to have rounded up all women from the ages of 15 to 40 taking them to the police station, having them finger-printed and photographed, and forcing them to undergo blood tests. Three of them, one of whom was a young girl of only 15, are said to have been subjected to forced gynaecological tests. 49. The police issued the following statement: "The hospital informed us that the baby who was found had the kind of skin pigmentation that is found in the Romas and the Sintis ... it was necessary to have such a massive police presence because it is characteristic of this ethnic minority that they run away from the police". 50. It is alleged that this incident had racist motivations. Observations 51. This incident took place as follows. On the morning of 8 April 1994 a woman going for a walk in a park in Cologne-Poll found a male baby that was just a few hours old. As it later transpired, the child had suffered a fractured skull - presumably as a result of force being applied, was naked, and was still attached to part of the placenta. Thanks to immediate medical reanimation measures the baby’s circulation and breathing were stabilized, and the baby’s life could be saved. At the time the baby’s body temperature had been a mere 19°C. 52. Since the investigating authorities - specifically because of statements made by a witness - thought that the child’s mother was in the hostel for asylum-seekers in Poller Holzweg, where the vast majority of residents were refugees from the former Yugoslavia, the public prosecuting authorities in Cologne applied to Cologne Local Court for an order enabling them to take blood samples from 39 women living in the accommodation at Poller Holzweg and also to search the premises of the asylum-seekers’ hostel. The names of the women affected, including women belonging to the Roma ethnic group, were taken from the list of the hostel occupants - with account being taken of their age. 53. The Court orders applied for were made by an investigating judge at Cologne Local Court on 12 April 1995. The order for blood samples to be taken was based on the provision in section 81c (2) of the Criminal Procedure Code. This provision states that the taking of blood samples from persons other than the accused is admissible without the consent of the person to be examined provided there is no fear of detriment to his or her health and the measure is indispensable for determining the truth. 54. On the morning of 13 April 1995, at 7 a.m., 18 criminal investigation officers, 60 members of the police force, 4 members of the staff at Cologne-Porz District Office and 4 interpreters arrived at the accommodation provided at Poller Holzweg. After the hostel buildings had been closed off by uniformed officers the premises were searched individually. 55. In a document specially prepared in writing and interpreters told the women affected, in their mother of the case and about the purpose of this operation. required to ask the women whether they had understood handed out, the tongue, about the facts The interpreters were what had been translated