E/CN.4/2000/16
page 12
commission established to consider the question of blood donations by the Ethiopians, as
promised by the Israeli Government following allegations of racial discrimination against the
Falasha (see the communication dated 2 February 1996 in E/CN.4/1997/71, paras. 120-126).
The Special Rapporteur is also waiting for the South African Government to send him the results
of the investigation into the xenophobic acts of which a Mozambican and two Senegalese
appear to have been the victims near Pretoria on 3 September 1998 (see E/CN.4/1999/15,
paras. 102-105).
A. Germany
37.
It has been reported that Sinti and Roma minorities are being specially registered in the
databases and records of the Bavarian police as “Roma/Sinti type”, “gypsy type” or the old Nazi
term “Landfahrer” (“vagrant”). The Central Council of German Sinti and Roma has been
informed of the report of the Bavarian Data Protection Commissioner of 16 December 1998
which states that Sinti and Roma are being registered generally on special police files without
reason or legal basis by their personal details and even the number plates of their cars and further
data. The police justify this storage as supposedly “vorbeugende Verbrechenbekämpfung”
(“preventive crime combat”) and explain that Sinti and Roma “could be a public danger”.
Government reply
38.
Executive and legislative responsibility for the police in Germany does not lie with the
Federal Government but with the governments of the Länder (provinces). The only exceptions
are the Federal Border Police (Bundesgrenzschutz) and the Federal Criminal Investigation
Agency (Bundeskriminalamt). Thus, practices of registration in the databases and the records of
the police fall under the responsibility of the Länder. Within the areas of responsibility of the
Federal Government terms such as “Roma/Sinti type”, “gypsy type” or “vagrant” are not used as
categories in the INPOL data-processing system.
39.
Computerized registration was also the subject of a question in the Bundestag put
forward by Alliance 90/The Greens (“Criticism of racist classification” in police records).
In its answer, dated 19 December 1996, (Bundestag Printed Materials 13/6623) the Federal
Government stated that “... doing away with such classifications altogether does not come into
consideration because of their indispensable nature for police work ...” and that “... the collection
of such auxiliary characteristics for police use only is not contrary to article 3 (3), first sentence,
of the Basic Law ...”.
Additional reply by the government of the Land of Bavaria
40.
With reference to the issue addressed in the communication from the Special Rapporteur,
the Bavarian State Ministry of the Interior has provided the following information:
41.
“The Bavarian police do not keep records of all members of the Sinti and Roma ethnic
groups. Only in individual cases are such persons registered as ethnic ‘Sinti and Roma’ as part
of the personal details noted during police questioning, when such a record is necessary for
criminal-tactical reasons and the information is provided on a voluntary basis, and types (type
Sinti/Roma) as part of a physical description recorded either on the basis of information provided