E/CN.4/2003/24 page 18 Annex REPLIES TO ALLEGATIONS TRANSMITTED TO GOVERNMENTS BY THE SPECIAL RAPPORTEUR A. Germany 1. Joint communication of 12 September 2002, sent by the Special Rapporteur on the question of torture and the Special Rapporteur on the human rights of migrants 1. Denis Mwakapi, a 33-year-old man originally from Kenya, and his white German wife, Ursula Mwakapi, were reportedly on their way to a bar in Nuremberg’s city centre during a pre-Christmas celebration on 23 December 2000 at around 2 a.m., when they were approached by two American men and their two female companions, who believed that the black African was in some way harassing a white German woman. Denis Mwakapi had reportedly been talking loudly in an animated fashion but not in a manner which could have been construed as being aggressive. The two American men are said to have begun punching and hitting Denis Mwakapi before his wife could explain to them that he was her husband. After Ursula Mwakapi was able to separate the men from her husband and explain their relationship to them, the American men were said to have apologized. Denis Mwakapi reportedly accepted their apologies, even though he is said to have sustained a swollen upper lip during the assault. Three police vehicles reportedly arrived at the scene on Luitpold Straße very shortly after the two groups of people had begun to disperse. Two police officers are said to have approached the American men and allowed them to leave after checking their identity. They then reportedly approached Denis Mwakapi and his wife, paying little attention to Denis Mwakapi’s complaint that the fight had ensued after he had been assaulted by the two American men, reportedly causing him great indignation. His wife also reportedly attempted to inform the police officers of the background to the incident. The police officers are said to have arrested Denis Mwakapi after he became agitated and refused to calm down. One of the police officers (whose name is known to the Special Rapporteurs) is alleged to have taken hold of Denis Mwakapi’s right arm and forcefully twisted it behind his back in order to effect the arrest, fracturing Denis Mwakapi’s lower right arm in the process. The police officers are alleged to have subsequently handcuffed Denis Mwakapi and placed him in a police vehicle in spite of the detainee’s repeated requests for a doctor and cries of pain. Denis Mwakapi was then reportedly driven to Nürnberg Mitte police station, where Denis and Ursula Mwakapi’s renewed requests that Denis Mwakapi be medically examined were allegedly refused. Police officers placed him in an overnight holding cell where he was held until his release at around 10.30 a.m. on 23 December 2000. A medical examination conducted on 23 December 2000 at Nuremberg is said to have revealed that he suffered a fractured arm which required immediate medical attention. (…) As a result of his treatment by the police, Denis Mwakapi reportedly lodged with the Public Prosecutor’s office criminal complaints of physical assault and denial of assistance against the police officers. The office of the Public Prosecutor is said to have informed Denis Mwakapi’s former lawyer on 4 July 2001 that it had terminated proceedings against the two police officers. A subsequent attempt by Denis Mwakapi’s lawyer to have the investigation reopened also reportedly failed. The injury to Denis Mwakapi’s arm has reportedly produced long-term effects on his ability to resume work. A report of a medical examination conducted by a Nuremberg doctor in February 2002