E/CN.4/2001/21
page 21
“But blacks comprise the great majority of drug offenders sent to prison.” The solution to this
racial inequity is not to incarcerate more whites, but to reduce the use of prison for low-level
drug offenders and to increase the availability of substance abuse treatment.
F. Situation of the Dalits
44.
The Special Rapporteur has been informed that the Dalits in India, particularly women,
continue to be the victims of violence and atrocities. As the allegations have persisted, the
Special Rapporteur once again urges the Indian Government to take whatever measures it
considers necessary as a matter of urgency and reiterates the wish to be invited to examine the
situation of the Dalits in situ.
IV. REPLIES TO ALLEGATIONS TRANSMITTED TO
GOVERNMENTS BY THE SPECIAL RAPPORTEUR
A. Austria
45.
In his report to the fifty-fifth session of the General Assembly, the Special Rapporteur
wrote that an international mission organized by the International Federation of Human Rights
Leagues (FIDH) had visited Austria in March and May 2000 to study the situation of foreigners
and, more particularly, asylum-seekers. Numerous reports were received of discriminatory and
xenophobic practices against the black community (approximately 6,000 people out of a
population of 8.8 million). Africans were singled out for public condemnation and were the
target of police operations conducted under particularly humiliating conditions. For example, on
1 May 1999, a young Nigerian asylum-seeker, Marcus Omofuma, was arrested, gagged and
choked to death by Austrian police while being flown from Vienna to Sofia. On
19 January 1999, Ahmed F. died in suspicious circumstances. On 19 May 1999, in the course of
a massive raid some 100 people were arrested, allegedly for trying to obtain narcotic drugs - the
old xenophobic trick of equating foreigners with drug dealers. And on 29 April 2000, police
arrested Arize Ibekwe, a Nigerian asylum-seeker using the name Richard Weach. He died in
prison on 3 May in circumstances which have yet to be explained (A/55/304, para. 32).
46.
The Austrian Government supplied the following information concerning the alleged
facts.
1. Information concerning Mr. Marcus Omofuma
47.
“Following Mr. Omofuma’s death during deportation, which was carried out subsequent
to a negative decision on his application for refugee status, criminal procedures against the
involved police officers were immediately initiated. In addition, the involved police officers
were suspended from work. Disciplinary procedures were also initiated but suspended pending
the outcome of the criminal procedures. The Court is currently examining two divergent medical
expert opinions on the cause for Mr. Omofuma’s death.”
48.
“Moreover, a new ministerial directive on the handling of deportations by air was issued,
which specifies, inter alia, that only specially trained officers may accompany deportees, and
strengthens the proceedings for the medical examination before the flight. Furthermore, a
Human Rights Advisory Board with far-reaching competencies has been established at the