E/CN.4/2003/24 page 21 continue celebrating in the city centre. The investigations carried out by the Public Prosecution Office against the two police officers accused of causing bodily harm, failure to lend assistance and prosecution of innocent persons did not result in facts sufficient to constitute an offence. The behaviour of the accused police officers was considered under these circumstances correct, necessary and proportionate. It is not clear whether the spiral fracture of his right forearm that he sustained is the result of the police officers’ coercion or of the fight he previously sustained with the Americans. The Nuremberg-Fürth Public Prosecution Office terminated the investigation proceedings. The appeal against the termination order brought by Denis Mwakapi was not granted by the administrative decision of the Regional Prosecution Office attached to Nuremberg Higher Regional Court. After further investigations were conducted upon application of Denis Mwakapi, the Nuremberg-Fürth Public Prosecution Office terminated again the investigation proceedings and the Regional Prosecution Office attached to Nuremberg Higher Regional Court rejected the appeal against the most recent termination. Finally, his application for a judicial decision in the proceedings to force the Public Prosecution Office to bring criminal charges was rejected as unfounded in a Ruling by the Criminal Division of Nuremberg Higher Regional Court dated 27 May 2002. 6. With regard to the case of Doviodo Adekou, the Government informed that in the light of the upcoming deportation date and because of the suspicion, based on his having abandoned his living quarters, that he would seek to avoid his deportation, the Mettman District Enforcement Officers decided to place him in custody and bring him before a magistrate to examine an arrest warrant for ensuring his deportation. A struggle started between him and officers of the District Administration at the moment of his arrest on 1 October 2002. As a result, the enforcement officers sustained injuries and Doviodo Adekou was seriously wounded on his right eye, which could not be saved. The deportation scheduled for 12 October 2001 was cancelled. An investigation was initiated following Doviodo Adekou’s complaint filed on 24 January 2002 at the District of Mettmen Police Authority and based on coercion and serious bodily harm during the performance of official duties. A date for the completion of the investigation could not be foreseen at the time the Government submitted its response. The Government has also informed that after this incident, it has been decided by the District Administration that arrests would only be carried out in consultation with police officers and that the enforcement officers would also be trained more thoroughly in the area of arrest techniques. 7. In connection with the case of Svetlana Lauer, the Bamberg Public Prosecution Office launched an investigation against the police officers involved in the incident after she had filed a criminal complaint on 22 February 2002. According to the results of this investigation, which is not yet completed, she was not abused, insulted, hit, kicked, or otherwise humiliated by word or act, the officers did not intentionally hit her head against the wall nor pull her hair. She was not pulled by the handcuffs from the hallway into the room that had been searched. Instead, it is reported that Svetlana Lauer behaved very aggressively and that it cannot be ruled out that she hit her head or other body parts against the wall during the physical fight that took place between her and the female police officer when the latter attempted to restrain her. According to a medical examination carried out on 28 February 2002, it could not be conclusively determined, from a forensic medical point of view, whether the documented injuries were the result of mistreatment by the police officers. On the other hand, an investigation proceeding in relation to these facts is pending against Svetlana Lauer based upon obstructing enforcement officers in the execution of their official duties, defamation, and bodily harm.

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