A/51/301
English
Page 6
were referred to the local court of Brandenburg. Nine police officers were
suspended and another has already been dismissed.
"13. The allegation in the report of the Special Rapporteur that a chief of
police was guilty of maltreatment is erroneous."
Observations on paragraph 88
"Deaths of Nigerian nationals
"14. On 30 August 1994, a Nigerian national died just as he was about to be
sent back to his country. The Prosecutor’s Office opened an investigation
in order to determine whether the death was caused by the injection of a
sedative given to him just before his departure. The investigation is
still in progress. The cause-and-effect relationship between the injection
of the sedative and the death of the Nigerian national, which the Special
Rapporteur presumes in his report, has not yet been established.
"15. A detailed account of the facts is contained in report No. 23 of the
Federal Ministry of the Interior. This report rules out the hypothesis
contained in the report of the Special Rapporteur that the deaths referred
to by the Embassy of Nigeria were the result of maltreatment by the German
authorities.
"16. The documents contained in the annex also report the findings of the
inquiry conducted by the Federal Ministry of the Interior with the
authorities of the Land in question into the case described in paragraph 89
of the report of the Special Rapporteur." 2/
Observations on paragraph 89
"Death of Angolan national Amadeu Antonio Kirova
"17. In a decision handed down on 30 May 1994, the Regional Court of
Frankfurt an der Oder refused to refer the three accused police officers to
a trial court, as there was no proof that they could have prevented the
murder of the Angolan national.
"18. The appeal of this decision brought by the Prosecutor’s Office of
Frankfurt an der Oder was rejected by the Regional Superior Court of the
Land of Brandenburg on 27 October 1994, which held that if the case was
referred to a trial court, the accused parties would undoubtedly be
acquitted."
Observations on paragraph 103
"Alleged discrimination against foreign employees
"19. The rules applicable to work contracts are the same for foreigners and
for Germans. Discrimination against foreign salaried employees is
prohibited, as is evident from the following regulations:
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