E/CN.4/2003/24
page 20
produce a written search warrant. She is said to have actively resisted their entry by obstructing
their path with her body and arms because she felt that they had no right to enter her home
without written permission. While forcing their way into her apartment, the only female police
officer among the four officials reportedly grabbed hold of her by the back of the neck and hit
her head against an adjacent wall. A second male police officer allegedly grabbed hold of her
arm and twisted it behind her back. With his other arm he was alleged to have grabbed hold of
her hair and repeatedly hit her head against various doors and walls while leading her through
the hallway of the apartment. The two remaining police officers were then said to have aided
their colleagues in restraining her and handcuffing her arms behind her back. After
Svetlana Lauer spit at the female police officer several times, a second police officer allegedly
came to the female police officer’s assistance and began hitting Svetlana Lauer. The two police
officers were also alleged to have twisted Svetlana Lauer’s head back and forth and violently
pulled on her handcuffed hands. The upper part of her housecoat was reportedly torn away from
her in the process, leaving her in a semi-naked state with her upper body covered only by her
bra. The police officers were then reported to have searched Anastasia Lauer’s room for the
purpose of finding stolen items but were unable to find any evidence. When the police officers
decided to leave, they are said to have led her out of the apartment block with her arms restrained
behind her back, although by this time the handcuffs had been removed. On the way out of the
apartment, Svetlana Lauer reportedly scratched the female police officer in the face after one of
her arms became free. The female police officer and a bearded police officer allegedly grabbed
hold of her and hit her head against a wall of the apartment. In retaliation, Svetlana Lauer
reportedly scratched a male police officer in the face. All four police officers are said to have
restrained Svetlana Lauer and to have handcuffed her arms behind her back. One of the male
police officers allegedly grabbed hold of her handcuffed hands and dragged her through the
hallway of the apartment into a room. He is then alleged to have kicked her and to have hit her
head against the floor. The same police officer was then alleged to have placed his foot on her
back and continued to hit her as she lay on the floor. After her alleged ill-treatment, the police
officers were said to have taken her to the police vehicle parked outside her home in full view of
her two children and neighbours in a semi-naked state and without any footwear. The female
police officer and her bearded colleague are said to have driven the detainee to Hallstadt police
station, where she was later charged with resisting arrest and physically assaulting the police
officers. According to a medical report issued on 26 February 2002, Svetlana Lauer’s injuries
included multiple bruising and grazing to the head, both shoulders, right thorax, back, bottom,
arms and legs.
2. Response from the Government of Germany
4.
By letter dated 14 November 2002, the Government of Germany transmitted the
following information.
5.
Denis Mwakapi was taken to Nuremberg Central Police station for clarification of the
above-mentioned incident because he was reportedly unwilling to clear up the facts on the spot.
Physical coercion was needed during his transfer since he put up resistance to it and behaved
aggressively. He was placed in preventive detention after his wife expressed fears that she could
not cope with him, in particular due to his drunkenness. When he later complained of pain in his
arm some hours later, the concerned police officers did not believe him, based upon the fact that
there were no visible signs of injury and that Denis Mwakapi repeatedly expressed his desire to