E/CN.4/1996/72 page 33 where she was looking after a friend’s child (at 46 Eichstrasse) on 6 April 1995. Without giving reasons for their entry into the flat, these police officers are said to have demanded to see her identity papers, and one of them is said to have molested her before taking her - again without giving any reasons - to the Davidwache police station against her will. There she is said to have been photographed. A doctor’s certificate that was issued on the day the incident took place attests to the young girl suffering a severe headache and having scratches and numerous bruises - for which she holds responsible the policeman who is said to have almost throttled and then kicked her. 80. It is alleged that the police officer’s conduct had racist motivations. Observations 81. In the light of the criminal investigations conducted in respect of the police officers involved, the facts are as follows. On 6 April 1995 Ms. Oztürk was in her friend’s flat in Eichstrasse in the Hamburg suburb of St. Pauli to look after the two-year-old child of her friend, who was away. During the afternoon, neighbours laid a charge at the Davidwache police station of noise creating a nuisance because of loud music coming from the flat where Ms. Oztürk was. Police officer H. went to the flat together with a colleague and they told Ms. Oztürk the reason for their appearance. The personal particulars needed for making a record of a regulatory offence could not be taken from Ms. Oztürk because she did not have any identity papers with her and initially refused to give her personal particulars. During the course of the conversation she gave them the personal particulars of the absent occupant of the flat. In the opinion of the investigating authorities, linguistic misunderstandings did not play any role because Ms. Oztürk has been living in the Federal Republic of Germany for 18 years and is fluent in German. Ms. Oztürk also did not comply with the request to accompany the police officers with the child to the nearby Davidwache station to have her personal particulars checked there. When police officer H. then took her by the arm to lead her out of the flat she began to slap out and kick with her hands and feet. To avoid difficulties and to calm Ms. Oztürk down, police officer H., using his right arm, gripped the upper part of her body from behind. Further measures could not be applied because the police officers saw no chance in that situation of taking Ms. Oztürk and the child to Davidwache peacefully without calling in reinforcements. At the same time as the two police officers arrived who had been called by radio the occupant of the flat and Ms. Oztürk’s boyfriend arrived. Ms. Oztürk then accompanied the police voluntarily to Davidwache station where her personal particulars were checked very quickly. 82. In view of Ms. Oztürk’s statement that she had been throttled by police officer H., she was given an immediate hearing by a member of the staff of the special department of the Hamburg police force dealing with offences committed by members of the force. With Ms. Oztürk’s consent four Polaroid photographs were taken to document the alleged injuries to her throat, which were confirmed by the doctor’s certificate submitted later. The certificate also indicated that the muscles of her back were painful when pressure was applied. It is also apparent from this certificate that Ms. Oztürk said to the doctor