E/CN.4/1996/72
page 30
aggressive’, the film material broadcast by the West German Broadcasting
Corporation (the ’Westdeutscher Rundfunk’) - particularly the
’surrounding’ of the four hostel buildings by officers in uniform - did
to some extent give the impression of almost ’militant’ action being
taken. Given the gravity of the offence, this was still compatible with
the principle of proportionality. It could, however, have been organized
more carefully and with greater sensitivity so as not to allow the
impression of - unintended - intimidation to emerge at all. Also, there
can otherwise be no question of this operation being of a discriminatory
character."
63.
The chief public prosecutor further remarked:
"I regret that the public have partly been given the - incorrect impression that the type and the scale of these measures were determined
by ’peculiarities’ of the group of Sinti and Roma. Evaluations of this
kind could have been avoided, particularly in press reports, in the light
of the special degree of circumspection and restraint needed here. In
this respect, I have requested the head senior public prosecutor to take
all necessary steps."
64.
This remark referred to a statement made by the investigating public
prosecutor to the press immediately after the operation. The public
prosecutor had said, inter alia: "We are investigating a crime: This has
nothing to do with racism at all. We would have done this to anybody else as
well. And the large number of policemen involved here simply results from the
peculiarities of this ethnic minority, since otherwise they would all just run
away".
65.
The Ministry of Justice of the Land of North-Rhine/Westphalia expressly
shared the chief public prosecutor’s assessment vis-à-vis the
North-Rhine/Westphalian Land Parliament. It was said that although the action
taken by the criminal prosecuting authorities was still in proportion, it
could have been organized with greater circumspection. The statement to the
press was said to display a lack of the sensitivity needed.
Case No. 1995/10
Allegations
Place:
Worms (Rhineland-Palatinabe)
Date:
6 December 1994
66.
It has been reported that an arson attack was organized on the Turkish
Islamic Cultural Association in Worms on 6 December 1994. The three-storey
building was reportedly owned and also inhabited by three Turkish families.
67.
Heavy damage is said to have occurred but nobody is said to have been
injured. A fuel container is said to have been found in the burnt-out
building after the fire.
68.
It is alleged that this incident had racist motivations.