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Concerns in Europe - Germany


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Concerns in Europe - Germany

Amnesty international, August 1999

CONCERNS IN EUROPE

January - June 1999

GERMANY

Death during deportation

Amnesty International learned of the death of a 30-year-old Sudanese national, Aamir Ageeb, during his forced deportation from Frankfurt airport to Khartoum via Cairo on 28 May. Amnesty International wrote to the German authorities expressing the concern that the actions of the officers of the federal border police (Bundesgrenzschutz) may have contributed to his death. It has been reported that before the departure Aamir Ageeb's arms and legs were bound by the federal border police when he resisted deportation and that a helmet was placed over his head. On the aeroplane the police officers are alleged to have forced the detainee's head between his knees and to have kept him in this position until after the aeroplane had taken off. After take-off Aamir Ageeb stopped struggling and was pushed upright by the police officers. When the helmet was removed from his head the police officers noticed that he had stopped breathing. Amnesty International expressed concern to the German authorities about the restraint techniques used by the federal border police and asked to be informed what guidelines existed relating to the use of various restraint techniques. It welcomed the news that an investigation would be held into the circumstances surrounding the death and asked to be informed of the findings of the investigation.

Excessive force during forcible deportations and danger of refoulement
There were a number of allegations that some foreigners being forcibly deported were physically assaulted by police officers. In April Amnesty International wrote to the German authorities about two incidents of alleged ill-treatment by officers of the federal border police of a Sudanese national, Fathelrahman Abdallah, which reportedly took place at Frankfurt airport on 27 October 1998 and 12 November 1998. During these attempted deportations Fathelrahman Abdallah alleges he was physically assaulted by the police officers. On the second occasion a hood was placed over his head and the lack of oxygen caused him to panic and almost faint. One officer tried to force him into a seat and when he resisted the police officer punched him in the genitals. As a result of the blow Abdallah struggled so alarmingly for breath the police officers took him off the plane to the airport clinic. After being brought back to the detention centre in Nuremberg Fathelrahman Abdallah was in a state of severe shock. A medical report stated that Fathelrahman Abdallah's experience of attempted deportation at Frankfurt airport and his treatment by the police had caused severe re-traumatisation in the victim indicating that he had been previously tortured. Fathelrahman Abdallah had always claimed that he was a victim of electroshock torture in Sudan for being an active member of Sudan's opposition but this claim was initially rejected by the authorities.
    It was with great concern that Amnesty International learned that Fathelrahman Abdallah was to be deported from Germany by the Bavarian authorities on 31 May. In the original letter Amnesty International urged the German government to allow Fathelrahman Abdallah to remain in the country so that a thorough and independent investigation into his claims of ill-treatment could take place. On 28 May Amnesty International wrote to the Minister of the Interior re-iterating its concerns and stressing that the medical evidence supporting Fathelrahman Abdallah's original claim that he was tortured in Sudan had apparently not been taken into consideration when assessing his case. The deportation of Fathelrahman Abdallah did not take place due to the death of Aamir Ageeb (see above) and the subsequent decision of the Ministry of the Interior that federal border police could temporarily not be used in deportations where resistance was anticipated.
    During the temporary ban Amnesty International learned that authorities in Bavaria planned to deport Fathelrahman Abdallah using their own police. Although the threat was not eventually implemented Amnesty International was informed that Fathelrahman Abdallah would be deported on 19 June. On 15 and 16 June Amnesty International wrote to both the Minister of the Interior and the authorities in Bavaria citing new evidence that Fathelrahman Abdallah had been an active member of the Democratic Union Party of Sudan and there was a serious danger of refoulement if he were deported. The urgency of the case and the lack of response from the German authorities to any of Amnesty International's letters led the organization to initiate urgent membership action on Fathelrahman Abdallah's behalf. On 30 June 1999 Amnesty International was informed that the Constitutional Court (Bundesverfassungsgericht) in Karlsruhe had referred Fathelrahman Abdallah to another appeal at the administrative court (Verwaltungsgericht).
    In April Amnesty International learned of another serious case of alleged ill-treatment by police officers during deportation. The Guinean national, Ibrahim Kourouma, alleges he was ill-treated by police officers at the Köpenick detention centre for asylum-seekers and by officers of the federal border police at Schönefeld airport in Berlin on 7 April. Ibrahim Kourouma alleges that when he refused to board the vehicle to the airport at Köpenick detention centre he was forced into it by six or seven police officers. During his forced removal he alleges he suffered blows to his head and body. One officer is said to have grabbed him by the neck and violently hit his head against the vehicle. At the airport Ibrahim Kourouma alleged worse treatment after he refused to board the aeroplane.
    Among the ill-treatment he suffered Ibrahim Kourouma maintains that inside a police vehicle officers punched him in the face and body and kicked him while he was handcuffed. Inside an airport building he said he was grabbed by his shoulders and dragged at least 20 metres across the floor of the building, even though he stated he was both able and willing to walk. At this time his upper body was bare. He was then placed in a room furnished with a table approximately one metre wide and laid on his back across the table with his hands and feet fastened with handcuffs to the table. Ibrahim Kourouma's lower back rested on the edge of the table causing him pain. He alleges that he spent around three hours in this position with his back arched backwards. Furthermore, one officer placed a wet T-shirt over Ibrahim Kourouma's head causing him breathing difficulties. Only by continually moving his head was he able to remove the T-shirt from his face.
    On 12 May Amnesty International wrote to the German authorities asking to be informed of any investigation into the incident and the steps the Berlin authorities are taking to prevent recurrences of such ill- treatment by officials. A doctor who treated him in Berlin on the 10 April stated that Ibrahim Kourouma had a number of injuries and the injuries sustained by Ibrahim Kourouma are explainable by the events he described at Schönefeld airport on 7 April. The organization urged that Ibrahim Kourouma be allowed to remain in the country while the case of alleged ill-treatment was being investigated. On 5 July Amnesty International received a reply from Senator of the Interior (Senator für Inneres) in Berlin stating that an investigation into the allegations had been initiated but had not been completed at the time of writing.

Alleged ill-treatment of prisoners

During the period under review Amnesty International learned of the alleged ill-treatment of an Austrian national by prison officers while in detention in Germany. The detainee also maintained that prison officers injected him with medication against his will. Gerhard Fidler was taken into custody on 10 November 1998 after allegedly giving a false witness statement at a district court hearing (Amtsgericht) in Traunstein, Bavaria. He spent three days in custody from 10 November to 13 November 1998 for his alleged perjury. During his detention he reportedly suffered two nervous attacks. The second reportedly occurred on 13 November 1998 at a detention centre in Traunstein (Justizvollzugsanstalt Traunstein). During the daily exercise period in the detention centre yard on the morning of 13 November he says he suffered a nervous attack and fell to the ground. Instead of providing him with medical assistance, Gerhard Fidler has stated that he was carried to a room by four or five prison officers where they allegedly hit him. He says the prison officers injected him with drugs against his will in his right arm and right thigh causing some injury in the process. He maintains he lost consciousness and woke up about two hours later tied to a bed in a medical room, still feeling heavily disorientated and dazed through the effects of the drugs. At about 2pm the same day he alleges he was released from the detention centre. Amnesty International urged the German authorities to investigate this incident of alleged ill-treatment of a detainee by prison officers and asked to be informed of the findings. The organization also requested to be informed of prison guidelines regulating the forcible use of medication and to what extent prison officers are trained to dispense such medication. It asked to be informed of the guidelines in place for the treatment of detainees suffering from mental health problems.