A/51/301
English
Page 4
A.
Observations of the German Government on matters
relating to Germany discussed in the report
submitted by the Special Rapporteur in 1994
(A/49/677)
Observations on paragraph 65
"1. The Department of Justice of Saxe-Anhalt has no knowledge of the
incident of 9 October 1994 referred to in this paragraph."
Observations on paragraph 67
"2. The Prosecutor’s Office of Hamburg is conducting an inquiry into two
police officers accused of maltreatment of persons of colour on,
inter alia, racist grounds.
"3. On 13 September 1994, 27 police officers were suspended. Since
19 September, the Prosecutor’s Office and the police of Hamburg have been
conducting an inquiry into accusations by police officers who witnessed the
incidents that some of their colleagues committed acts of violence at the
central police station and that there were cases of maltreatment in the
precinct at police station No. 11 (Kirchenallee) in Hamburg as part of a
campaign to control drug use in public. The measures to suspend the police
officers in question were revoked on 28 September 1994, after the inquiry
failed to yield sufficient evidence to support the accusations. However,
the police officers accused of maltreating foreigners at station No. 11
were transferred to other offices as part of a personnel redeployment
exercise. Disciplinary measures will be taken after criminal proceedings
have been concluded.
"4. As for the bodily harm inflicted on a 44-year-old Senegalese national,
at the request of the public prosecutor, the court handed down a sentence
against the two police officers responsible. This sentence is final and
executory. Following the criminal proceedings, disciplinary proceedings
against the two police officers are now under way.
"5. In response to the accusations brought against the police officers,
the Department of Justice of Hamburg established a Working Group which
conducted inquiries into 118 trials, mainly involving police officers from
stations Nos. 11 and 16 and the Mitte Special Assignments Squad (central
police station), who had been accused of committing acts of violence and
other less serious violations (Vergehen) on xenophobic grounds. In a
number of cases, the three-member Working Group, which had received no
instructions and whose only mandate was to conduct an inquiry into the
above-mentioned cases, criticized either the inquiries conducted by members
of the police stations in question or the manner in which the public
prosecutor had handled the case.
"6. The report on the inquiry was transmitted to the Prosecutor of
Hamburg, who will have to determine those cases in which the inquiry should
be reopened on the basis of the criticisms made by the Commission of
Inquiry. The public prosecutor of the Regional Court of Hamburg will also
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