E/CN.4/2003/24
page 19
reportedly stated that the healing of the arm had been a very drawn-out process and that
Denis Mwakapi continued to experience pain when exerting pressure or applying weight to it.
(…) The injury has reportedly greatly affected Denis Mwakapi’s ability to undertake certain
types of employment.
2.
Doviodo Adekou, a 59-year-old Togolese asylum-seeker, was allegedly ill-treated in the
town of Mettmann, North Rhine-Westphalia on 1 October 2001. During the incident, he
reportedly sustained a serious injury to his right eye, which resulted in his hospitalization. He
was reportedly ill-treated on the morning of 1 October 2001 as police officers attempted to detain
him for the purposes of placing him in pre-deportation detention. Doviodo Adekou, who had
applied for refugee status in Germany, had an appointment at the Office for Foreigners in
Mettmann with one of its employees in order to discuss whether his temporary right to remain in
the country would be extended. In the course of the meeting, the employee reportedly informed
him that he would be deported on 12 October 2001. Doviodo Adekou reportedly requested that
he receive the formal decision in writing, be allowed to consult his legal adviser (Rechtsbeistand)
and prepare for his departure. A second male police officer reportedly then entered the room and
placed a handcuff around Doviodo Adekou’s left hand and informed him that he was being taken
into custody. The police officer reportedly attempted to handcuff Doviodo Adekou’s other hand
but had to call two more police officers into the room when his attempts failed. The three police
officers allegedly grabbed hold of Doviodo Adekou’s arms and pulled him face down onto the
floor of the office. While he lay on the floor, one of the police officers is said to have
deliberately punched him in the region of his right eye, causing it to bleed heavily. The police
officers reportedly subsequently gave up their attempts to handcuff Doviodo Adekou. A senior
official at the Office for Foreigners reportedly entered the office and instructed a colleague to
call an ambulance, which took Doviodo Adekou to Wuppertal clinic where he was said to have
been treated as an inpatient at the clinic for nine days until 9 October 2001. According to a
report outlining the medical treatment which Doviodo Adekou underwent at the clinic, written
by the eye specialist of the clinic, dated 11 October 2001, Doviodo Adekou was treated for a
rupture to the covering of the eye which had caused bleeding in the vitreous humour of the eye.
The doctor reportedly stated in the report: “[w]ith such an extremely complicated injury an end
to the treatment is at the present time not yet foreseeable”. Approximately one week before the
incident, Doviodo Adekou underwent an operation on his right eye. However, since suffering
the blow to his eye on 1 October 2001, he has reportedly lost all sight in his right eye. Concerns
have been expressed that whilst Doviodo Adekou was taken into custody for the purposes of his
subsequent deportation, one of the police officers involved in the incident may have ill-treated
him, by punching him in the region of his right eye. A complaint of serious criminal assault was
said to have been lodged with Mettmann’s District Police Authority.
3.
Svetlana Lauer, who is originally from the former Soviet Union, was reportedly
ill-treated by several police officers at her home in Hallstadt, located outside the city of
Bamberg, in the afternoon of 20 February 2002. Four police officers were said to have arrived at
her apartment at around 3.30 p.m. with a verbal warrant issued by the State Prosecutor’s Office
to search the apartment for the purpose of securing evidence against her then 17-year-old
daughter, Anastasia Lauer. Anastasia Lauer was alleged to have stolen a number of small
porcelain figurines from the REWE-Markt department store in Hallstadt earlier in the afternoon
and was arrested by the police on suspicion of shoplifting. The four police officers reportedly
forced their way into her home after she had refused them entry on account of their failure to