E/CN.4/2004/18 page 11 24. The Special Rapporteur welcomes the stiffer penalties introduced in French legislation for racial discrimination in all its forms and hopes that other countries will follow France’s example. III. ALLEGATIONS EXAMINED BY THE SPECIAL RAPPORTEUR A. Belgium 1. Joint allegation transmitted on 25 September 2003 with the Special Rapporteur on the question of torture 25. The following individual cases were transmitted to the Belgian Government: (a) Bernardin Mbuku-Iwangi-Sung and his wife, Odette Ibanda Mavita, both Belgian nationals from the Congo, were allegedly arrested in the night of 2 to 3 February 2003 in the district of Anderlecht, in Brussels. Two policemen reportedly came to their apartment and asked Bernardin Mbuku-Iwangi-Sung to come down to the police station with them to make a statement concerning a car accident, following which he had allegedly fled. According to reports, he denied the police’s allegations but the officers dragged him violently out of his flat and down the stairs. According to information received, four other vehicles then arrived on the scene and the couple were arrested. They were then said to have been subjected to physical and verbal violence, in particular of a racist nature. Bernardin Mbuku-Iwangi-Sung was allegedly thrown into a vehicle, with his hands tied tightly. His glasses and watch were reportedly broken during the arrest. It was also reported that on his arrival at the police station he was shut in a cell, with his wrists tied, for several hours. He apparently spent three days in hospital to recover from the injuries he suffered during his arrest. In particular, his arm was reportedly broken and he suffered many blows on the back. His wife, who, according to information received, was about five months’ pregnant at the time of the incident, was allegedly beaten on the back; a cloth was stuffed in her mouth and she was led to the police station practically naked. Their 2-year-old son was reportedly left alone in the flat. The couple apparently lodged a complaint, with a supporting medical certificate, with the Prosecutor’s Office in Brussels. The police apparently informed the press that action had been take in response to a complaint lodged after a hit-and-run accident, adding that a further complaint had been lodged against Bernardin Mbuku-Iwangi-Sung for physically attacking a police officer in the course of his duties; (b) Mr. Iliyassou, a former driving instructor, was reportedly arrested in Brussels on 25 May 2002, at around 11.15 a.m. According to the information received, while he was sitting in his car, some police officers in a patrol car accused him of driving offences and asked him to show his papers and those of the car. He then reportedly moved his car a few metres in front of the police vehicle, apparently in order to move out of the way of the traffic, and got out of his car. The police officers apparently then accused him of disobeying their orders and arrested him. He was allegedly pushed to the ground and then against a wall, after which he was handcuffed and beaten. According to reports, he was then obliged to get into the police car, where he had to lie on his back with his hands tied behind him. One of the policemen was then said to have leaned on him with his full weight, while hitting him in the face and swearing at him. He apparently called him a “lousy Rwandese” and told him to “go back to his jungle”. At the police station, he was allegedly beaten again and shoved several times, so that his head