E/CN.4/2000/16
page 27
on 28 November 1998, is as follows: the attack took place on 28 November 1997, and the
inquiry into the facts gave rise to complaint No. 5949. The complainant, who claims to be
Manuel Gonsals Nums, a Portuguese citizen, is in actual fact a certain John Cook, born on
10 June 1963 in Kepama (Liberia), the son of Bonkue and d’Aba, with no known residence, who
has been arrested several times for drug trafficking and breaches of the legislation on foreigners,
giving different names and different information on his identity on the occasion of each arrest.
In the replies he gave while he was still in hospital, the complainant stated that the incident
occurred while he was attempting to come to the assistance of a friend of his without means who
had been attacked by two individuals who were on the spot.
115. The inquiries carried out and the statements of the witnesses indicate that the incident
occurred following a discussion among four persons - the complainant, his indigent friend and
two other persons. The reason for the discussion is unknown, and no type of motive can be
excluded, although racism and xenophobia cannot be proved either. The incident occurred in the
Carmen district of Valencia. It appears that the discussion began at one place and that the
persons involved continued to argue until they arrived at a nearby street, where the person
claiming to be Manuel Gonsals was stabbed while the altercation between the four individuals
was still going on.
116. In their statements the witnesses gave no information proving that a group of
skinhead-style youths was involved, apart from one of them, who said that he had heard
xenophobic statements. In fact, there seems to have been a discussion which went on
until 2 a.m. in a neighbourhood frequented by the homeless and by drug addicts and in which
incidents of this type occur frequently. Finally, in the absence of cooperation from the
complainant, it is impossible to make progress with the inquiry for purposes of identifying and
arresting the perpetrators and learning their motivations. Once the complainant had left hospital
he took no notice of the instructions given by the investigators, who had asked him to report to
various departments of the police and the judiciary.
(n)
Santander
117. A well-known Korean national was called a “Chinese bastard” and beaten up
(December 1997). Chang Y.K.B., a Korean national, aged 52 years, an acupuncture practitioner
and an international taekwondo umpire, was attacked and violently beaten by a group of six
youths, who threw themselves on him shouting “you Chinese bastard, you dirty Chink, we are
going to beat the daylights out of you”. Although he managed to defend himself against his
attackers, thanks to his knowledge of martial arts, he sustained a major injury to his eye which
has resulted in a partial loss of visual acuity.
Government reply
118. According to the information supplied, the incident, which involved Mr. Angel Yang
Kim Bion, a Spanish citizen of Korean origin, occurred at the door of a bar where a group of
individuals were standing. They shouted insults at the victim, who reacted by making unarmed
combat gestures (he is a teacher of martial arts and Taekwondo in two secondary schools).
These gestures provoked the group into attacking him. After the incident a report identifying the