E/CN.4/2003/24
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3. Observations of the Special Rapporteur
8.
The Special Rapporteur appreciates the prompt and detailed response that the
Government of Germany provided in regard to the three allegations presented. In the case of
Doviodo Adekou, the Special Rapporteur welcomes the information stating that after the incident
the District Administration adopted measures to improve the conditions under which arrests are
carried out, including appropriate training in arrest techniques. The Special Rapporteur takes the
opportunity to recommend that such efforts be accompanied by additional measures aimed at
ensuring that “police and immigration authorities treat migrants in a dignified and
non-discriminatory manner, in accordance with international standards, through, inter alia,
organizing specialized training courses for administrators, police officers, immigration officials
and other interested groups”, in accordance with the Programme of Action of the World
Conference Against Racism (art. 30 (e)). The Special Rapporteur would appreciate receiving
the final conclusions of the investigations currently under way both in the cases of both
Doviodo Adekou and Svetlana Lauer.
B. Spain
1. Joint communications submitted on 4 September 2002 by the
Special Rapporteur on the question of torture and the
Special Rapporteur on the human rights of migrants
9.
The Special Rapporteurs have received information on the following cases.
10.
Boaventura Simão Vaz, a national of Guinea-Bissau and a mechanic by trade, alleged
that he was arrested on 1 March 2001 while sitting in the company of two other persons in a
Madrid bar. According to the information received, a plain clothes National Police officer asked
him for his papers. He was then pushed outside, handcuffed and taken to a police station, where
he was informed that he was suspected of drug trafficking. He denied the accusation. He claims
to have witnessed, on the premises of the police station, the beating of another person in police
custody, whom he had tried to defend. Three officers then punched and kicked him, threw him
to the ground and threatened him with a weapon. They also subjected him to racial slurs, calling
him a “dirty Black”. Boaventura Simão Vaz states that he did not receive any medical assistance
at the police station. He subsequently went to the emergency room of San Carlos hospital, where
he complained of a sharp pain in the left side of his chest. On 7 March 2001, the hospital drew
up a report stating that he had five broken ribs and internal haemorrhaging; he was hospitalized
for several days. On 13 March, the victim lodged a complaint with a Madrid court.
11.
Marta Elena Arce, a Costa Rican anthropologist living in Catalonia since 1999, claims
that she was arrested for having assaulted a police officer on 2 April 2001, in the Plaza de
Cataluña in Barcelona, where she met other immigrants every day. Before her arrest, she claims
to have taken part in the occupation of the Church of Santa María del Pi in Barcelona; the
occupation was organized by immigrants to protest the Government’s immigration policy. On
the day of her arrest, four or five police officers who had been informed of the theft of a mobile
phone approached the group of immigrants and asked them to show their mobile phones.
Marta Elena Arce asked why she and her friends had been asked to produce their mobile phones,
and an argument ensued. She claims that the police officers insulted her, calling her a “dirty