E/CN.4/2003/24
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continue celebrating in the city centre. The investigations carried out by the Public Prosecution
Office against the two police officers accused of causing bodily harm, failure to lend assistance
and prosecution of innocent persons did not result in facts sufficient to constitute an offence.
The behaviour of the accused police officers was considered under these circumstances correct,
necessary and proportionate. It is not clear whether the spiral fracture of his right forearm that
he sustained is the result of the police officers’ coercion or of the fight he previously sustained
with the Americans. The Nuremberg-Fürth Public Prosecution Office terminated the
investigation proceedings. The appeal against the termination order brought by Denis Mwakapi
was not granted by the administrative decision of the Regional Prosecution Office attached to
Nuremberg Higher Regional Court. After further investigations were conducted upon
application of Denis Mwakapi, the Nuremberg-Fürth Public Prosecution Office terminated again
the investigation proceedings and the Regional Prosecution Office attached to Nuremberg Higher
Regional Court rejected the appeal against the most recent termination. Finally, his application
for a judicial decision in the proceedings to force the Public Prosecution Office to bring criminal
charges was rejected as unfounded in a Ruling by the Criminal Division of Nuremberg Higher
Regional Court dated 27 May 2002.
6.
With regard to the case of Doviodo Adekou, the Government informed that in the light
of the upcoming deportation date and because of the suspicion, based on his having abandoned
his living quarters, that he would seek to avoid his deportation, the Mettman District
Enforcement Officers decided to place him in custody and bring him before a magistrate to
examine an arrest warrant for ensuring his deportation. A struggle started between him and
officers of the District Administration at the moment of his arrest on 1 October 2002. As a
result, the enforcement officers sustained injuries and Doviodo Adekou was seriously wounded
on his right eye, which could not be saved. The deportation scheduled for 12 October 2001
was cancelled. An investigation was initiated following Doviodo Adekou’s complaint filed
on 24 January 2002 at the District of Mettmen Police Authority and based on coercion and
serious bodily harm during the performance of official duties. A date for the completion of the
investigation could not be foreseen at the time the Government submitted its response. The
Government has also informed that after this incident, it has been decided by the District
Administration that arrests would only be carried out in consultation with police officers and that
the enforcement officers would also be trained more thoroughly in the area of arrest techniques.
7.
In connection with the case of Svetlana Lauer, the Bamberg Public Prosecution Office
launched an investigation against the police officers involved in the incident after she had filed a
criminal complaint on 22 February 2002. According to the results of this investigation, which is
not yet completed, she was not abused, insulted, hit, kicked, or otherwise humiliated by word or
act, the officers did not intentionally hit her head against the wall nor pull her hair. She was not
pulled by the handcuffs from the hallway into the room that had been searched. Instead, it is
reported that Svetlana Lauer behaved very aggressively and that it cannot be ruled out that she
hit her head or other body parts against the wall during the physical fight that took place between
her and the female police officer when the latter attempted to restrain her. According to a
medical examination carried out on 28 February 2002, it could not be conclusively determined,
from a forensic medical point of view, whether the documented injuries were the result of
mistreatment by the police officers. On the other hand, an investigation proceeding in relation to
these facts is pending against Svetlana Lauer based upon obstructing enforcement officers in the
execution of their official duties, defamation, and bodily harm.