E/CN.4/1996/72
page 36
Case No. 1995/15
Allegations
Place:
Darmstadt (Hesse)
Date:
18 May 1995
94.
It has been reported that on 18 May 1995 the Darmstadt Special Police
Unit, carrying guns and wearing masks, entered the Turkish Islamic Centre on
Bleichstrasse (Darmstadt) around 5 p.m. where Turkish people had gathered for
prayer. It is stated that the police shouted for everyone to lie on the floor
while they conducted a search in the Centre for half an hour, causing serious
damage there. They are then said to have taken everyone in the Centre to a
nearby police station.
95.
The Turks are said to have been interrogated for seven hours and
subjected to degrading treatment. They are said to have been released without
any explanation.
96.
The head of the Darmstadt Police stated that the Special Unit members
were conducting an operation against drug dealers and that an inquiry would be
commenced into the incident.
Observations
97.
From the point of view of the public prosecution office responsible for
the investigation, the facts are as follows:
98.
After the criminal investigation department of the Darmstadt Police
concluded from its investigations that a drug scene had begun to be
established in 1994 and that it began to spread at the beginning of 1995, a
special working party was set up in the drugs section at Darmstadt Police
Headquarters. Following comprehensive preparatory work, arrests of drug
sellers and drug seizures, an order was given for a raid to be conducted on
18 May 1995. Seventy-one people were provisionally arrested in four Turkish
restaurants and in an adjacent mosque; afterwards an order was made for
18 people to be taken into remand custody. The restaurants were closed by
order of representatives of Darmstadt Regulatory Office. All in all, 1,700 g
heroin, 1,000 g cocaine, 1,700 g of so-called "adulterated drugs", 4 firearms
and 200 rounds of live ammunition, and several thousand deutsche marks in cash
were found and seized. To increase their sales, the principal accused had
even used children flown in specially from Turkey to perform negotiating
functions and to take part in the selling of drugs.
99.
As far as the search of the mosque was concerned, the police officers
involved were given instructions to take care that the religious interests of
persons visiting the mosque were not violated. The mosque had to be included
in the search, which was ordered by a judge, because it could not be ruled out
that these premises had also been used as a cover in the drug trafficking.
100. Neither the persons arrested nor those screened were treated in a
degrading manner during this raid. All the people arrested were questioned