E/CN.4/2003/24 page 27 27. Ibrahim Saad Ellah, who claims to be a Libyan-born Palestinian, was detained by police officers attached to the Border Task Force of the Unit for Aliens and Documentation of the Ceuta Police Commissariat. The arrest was made in accordance with the law, and Ibrahim Saad Ellah’s name was recorded in the register of detainees. Although Ibrahim Saad Ellah claimed to be Palestinian, the officers proceeded to conduct a search to find out whether he was carrying any identity documents in his clothing. Ibrahim Saad Ellah refused to be searched and actively tried to prevent the procedure, as a result of which he had to be searched by force; no identity document was found. He was not subjected to any degrading or humiliating treatment. At the same time, a telephone call was made to members of the Palestinian representation in Madrid who, after having a direct telephone conversation with the detainee, confirmed that, judging from his manner of speaking, he was not a Palestinian but a Moroccan. At 8 p.m. on 8 May 2001, Ibrahim Saad Ellah was deported. Insisting that he was a Palestinian, the Moroccan police refused to admit him into the country and released him. The complaint lodged by Ibrahim Saad Ellah was dismissed by the judge of Ceuta Examining Court No. 4 on 18 August 2001. Ibrahim Saad Ellah’s subsequent request for asylum in Spain was denied by the competent authority, and his whereabouts are currently unknown. 28. The judicial records of the case of Abdelhak Archani indicate that he was transported in a police vehicle, not by force but voluntarily. He was found in front of the subdelegation of the Government of Barcelona selling places in line to foreigners waiting to transact official business. Such behaviour gave rise to many arguments among the foreigners awaiting their turn, and police intervention was necessary. Since Abdelhak Archani showed clear signs of inebriation, the police warned him to leave the place, and offered to take him home. During the journey, he gave an incorrect address and expressed his desire to get out of the vehicle. The investigations conducted and the forensic medical report show that at no time was he subjected to ill-treatment by the police. The case was provisionally dismissed, since there was no cogent evidence that an offence had been committed. 29. The case of Nourddeine Hathout, accused of the crime of assault, is pending; the trial is scheduled for 29 October 2002. Police records indicate that the person in question was duly informed of his rights, and a lawyer from the Málaga Bar Association was present when he made his statement and was released after 21 hours and 50 minutes of detention. They also indicate that he was transferred to the emergency service of Carlos Haya hospital, where he was treated, along with one of the officers involved; in both cases, the medical reports were appended to the records of the case. 30. On 21 and 22 January 2002, large groups of foreigners led by the Sindicato de Obreros del Campo (Farm Workers’ Union) gathered in front of the offices of the subdelegation of the Government in López Falcón square in Almería. The National Police intervened in order to prevent people from camping at the site and to enable foreigners who had official business to have access to the Aliens Office. When the Aliens Office closed, some 500 persons remained, and the police began to check their identity. Nine persons were detained, eight pursuant to the Organic Law on the Rights and Freedoms of Foreign Nationals Living in Spain and Their Social Integration, and one for resisting authority. In the early morning of 22 January, approximately 200 foreigners had gathered on the Cerro San Cristóbal (San Cristóbal Hill) with the intention of camping there. The subdelegation of the Government issued instructions to members of the police to disperse the crowd. After giving the mandatory verbal warnings, the

Select target paragraph3