E/CN.4/2003/24
page 27
27.
Ibrahim Saad Ellah, who claims to be a Libyan-born Palestinian, was detained by
police officers attached to the Border Task Force of the Unit for Aliens and Documentation of
the Ceuta Police Commissariat. The arrest was made in accordance with the law, and Ibrahim
Saad Ellah’s name was recorded in the register of detainees. Although Ibrahim Saad Ellah
claimed to be Palestinian, the officers proceeded to conduct a search to find out whether he was
carrying any identity documents in his clothing. Ibrahim Saad Ellah refused to be searched and
actively tried to prevent the procedure, as a result of which he had to be searched by force; no
identity document was found. He was not subjected to any degrading or humiliating treatment.
At the same time, a telephone call was made to members of the Palestinian representation in
Madrid who, after having a direct telephone conversation with the detainee, confirmed that,
judging from his manner of speaking, he was not a Palestinian but a Moroccan. At 8 p.m. on
8 May 2001, Ibrahim Saad Ellah was deported. Insisting that he was a Palestinian, the Moroccan
police refused to admit him into the country and released him. The complaint lodged by
Ibrahim Saad Ellah was dismissed by the judge of Ceuta Examining Court No. 4 on
18 August 2001. Ibrahim Saad Ellah’s subsequent request for asylum in Spain was denied by the
competent authority, and his whereabouts are currently unknown.
28.
The judicial records of the case of Abdelhak Archani indicate that he was transported in
a police vehicle, not by force but voluntarily. He was found in front of the subdelegation of the
Government of Barcelona selling places in line to foreigners waiting to transact official business.
Such behaviour gave rise to many arguments among the foreigners awaiting their turn, and
police intervention was necessary. Since Abdelhak Archani showed clear signs of inebriation,
the police warned him to leave the place, and offered to take him home. During the journey, he
gave an incorrect address and expressed his desire to get out of the vehicle. The investigations
conducted and the forensic medical report show that at no time was he subjected to ill-treatment
by the police. The case was provisionally dismissed, since there was no cogent evidence that an
offence had been committed.
29.
The case of Nourddeine Hathout, accused of the crime of assault, is pending; the trial is
scheduled for 29 October 2002. Police records indicate that the person in question was duly
informed of his rights, and a lawyer from the Málaga Bar Association was present when he made
his statement and was released after 21 hours and 50 minutes of detention. They also indicate
that he was transferred to the emergency service of Carlos Haya hospital, where he was treated,
along with one of the officers involved; in both cases, the medical reports were appended to the
records of the case.
30.
On 21 and 22 January 2002, large groups of foreigners led by the Sindicato de Obreros
del Campo (Farm Workers’ Union) gathered in front of the offices of the subdelegation of the
Government in López Falcón square in Almería. The National Police intervened in order to
prevent people from camping at the site and to enable foreigners who had official business to
have access to the Aliens Office. When the Aliens Office closed, some 500 persons remained,
and the police began to check their identity. Nine persons were detained, eight pursuant to the
Organic Law on the Rights and Freedoms of Foreign Nationals Living in Spain and Their
Social Integration, and one for resisting authority. In the early morning of 22 January,
approximately 200 foreigners had gathered on the Cerro San Cristóbal (San Cristóbal Hill) with
the intention of camping there. The subdelegation of the Government issued instructions to
members of the police to disperse the crowd. After giving the mandatory verbal warnings, the