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

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