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.

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