E/CN.4/2000/16
page 15
Government reply
51.
As regards the allegation by the GRAMC association concerning a random identification
and harassment operation by the police against immigrants on 5 March 1997 in the province of
Gerona, it must be emphasized that none of the alleged acts were committed either in
Government departments or in teaching establishments.
52.
The only case in which the identity of immigrants must be verified arises when they
come to obtain a permit and the police officers responsible for security on the premises verify
their identities in order to authorize entry into the building and movement within it; if
appropriate, such identity checks may be made at the request of the police authorities. In the
latter case, it should be emphasized that members of the police forces have a duty and an
obligation to comply with the legislation in force when arresting any person - whether an
immigrant or not - who is wanted by the police and has been traced by them.
53.
As regards the allegations to the effect that members of the national police force
attempted forcibly to enter four flats, it should be stated that there is no knowledge of the alleged
facts and that up to the present time the authorities have received no information on any legal
proceedings instituted against the officials concerned for breaches of articles 204 and 534-1-1 of
the Penal Code.
(b)
Vigo
54.
Mr. Kane, a Senegalese citizen, has filed a complaint against the local police for
abuse of authority, illegal detention and ill-treatment (16 March 1997). He alleges that on
16 March 1997 at 5.30 p.m., four members of the Vigo local police force arrested him illegally
on Samil beach and took him up a hill; during the journey, which lasted an hour, they insulted
and struck him and threatened him with deportation. The local police deny these accusations and
state that he was arrested at 7.05 p.m. and arrived at the police station 10 minutes later.
However, eyewitnesses confirm the time given by the Senegalese national, and a woman who
went to the police station to ask about him has stated that a policeman said to her: “Don’t worry,
they have probably taken him for a little walk; I am sure that he is already back at Samil”. The
lady coordinator at the Information Centre for Foreign Workers (CITE) states that there have
been numerous cases of “little walks” of that kind, but that the victims hardly ever lodge
complaints because they are afraid of reprisals. In the case under consideration, Mr. Kane’s
papers were in order and he had a regular job. In view of the seriousness of the facts, which
demonstrate that members of the local police force falsified the times in the report on the case, a
number of inquiries were opened by Amnesty International, the mayor of Vigo and the
Committee against Racism and Xenophobia, which sent a report on the “Kane affair” to
Queen Sophia. The National Social Service Institute (INSERSO) has condemned these acts, and
the case is at present before court No. 5 in Vigo. The public prosecutor has called for a
maximum sentence of three years’ imprisonment for the officials concerned.
Government reply
55.
The Vigo police station recorded in its files a complaint bearing the serial number 5138,
dated 17 March 1997 and deposited at 1.50 a.m., to the effect that Mamadou Kane, a Senegalese