16
Concerns in Europe: January - June 2001
AI Index: EUR 01/003/2001
Amnesty International September 2001
Following a fifth unsuccessful deportation
attempt on 24 May, it was alleged that:
·
during Ibrahim Bah’s transfer to the airport
escorting officers kicked him and struck his face
while he lay face down, bound hand and foot, on
the floor of the van;
·
in an airport isolation cell further restraints were
secured so tightly and painfully that his
circulation was affected and his hands became
numb;
·
in the cell officers hit him, including in the genital
area, tried to put a foam mattress on him,
impeding his respiration, until another officer
intervened to stop them;
·
en route to the plane escorting officers punched
and kicked him and laughed at him while doing
so;
·
around six officers took him by force on board
Flight SN689 to Abidjan and punched him when
he began shouting and screaming in protest
against his deportation;
·
in violation of a 1999 Royal Decree issued by the
Minister for Transport and internal gendarmerie
guidelines explicitly banning methods of restraint
involving the full or partial obstruction of the
airways of a deportee, officers forced a
handkerchief in his mouth and applied heavy
pressure to his thorax, using a cushion to press
down on his chest;
·
passengers on board the flight protested about the
deportation and, following their intervention, he
was taken off the plane but ill-treated again in the
transport van which took him back to the isolation
cell. There he was seen briefly by a doctor who
apparently did not, however, provide any medical
assistance;
·
after about an hour he was returned to the prison
and during the transfer again assaulted in the
transport van;
·
during the deportation operation officers also
subjected him to threats and racist abuse. He
claimed that, after he had gone without food or
drink for a number of hours and asked the officers
for a drink, an officer told him to open his mouth
so that he could urinate into it; officers told him
that Belgium was for Belgians and Africa for
Africans, that they did not want to pay taxes for
him to be fed in a Belgian prison and that he was
going to be deported - dead or alive.
A medical report by his private doctor who
examined him on 25 May recorded, among other
things, injuries to his mouth, injuries consistent with
restraints kept in place for several hours, paraesthesia
in his arms, blood issuing from his penis, and his poor
psychological state. It also recorded the doctor’s
request for an X-ray to be carried out as soon as
possible and the agreement of the prison nurse that it
should be carried out on 28 May, as well as the
prison’s agreement to the doctor’s request for a
urologist to examine Ibrahim Bah. The doctor also
prescribed medication. The medical report concluded
that the overall symptoms and injuries recorded were
consistent with the allegations.
At a 30 May meeting between the Ministry of
Interior, several MPs and representatives of domestic
NGOs, the Ministry apparently promised that Ibrahim
Bah would be examined by a doctor and psychologist
before midday on 30 May - however, these
examinations had not taken place by the afternoon of
31 May.
On the evening of 31 May, a week after the
deportation attempt, Ibrahim Bah was visited in Saint-
Gilles prison by a team of three doctors appointed by
the Ministry of Interior and composed of one doctor
apparently attached to the Aliens Bureau falling under
the auspices of that Ministry, and two doctors
apparently attached to the offices of the Minister of
Health.
A Brussels MP, after visiting Ibrahim Bah on 4
June, reported publicly that he had still not received
any of the treatment prescribed by his private doctor
on 25 May or promised by the Ministry of Interior on
30 May. According to Ibrahim Bah he received none
of this treatment until some two weeks after the
attempted deportation of 24 May.
On 5 June 17 MPs drew the allegations of ill-
treatment and subsequent medical neglect to the
attention of the Brussels Prosecutor’s Office and to the
Permanent Monitoring Committee of Police Services.
Ibrahim Bah was released from prison on 11 June
after a Brussels court ruled that his continued
imprisonment was illegal, in view of the length of time
he had already spent in administrative detention. He
was then ordered to leave the country within five days.
In its letter to the Minister AI sought clarification
about the steps being taken to investigate the
allegations of ill-treatment and medical neglect and
urged that an independent investigation should
include questioning of Ibrahim Bah himself, the
identification and interviewing of possible eye-
witnesses to his treatment on board Flight SN689 of
24 May to Abidjan, the interviewing of MPs and
domestic NGOs who saw him in prison following the
deportation attempts, as well as the examination of all
available medical evidence. AI also urged that
Ibrahim Bah should not be deported before the
completion of a full and independent investigation.
In a letter of 26 June the Minister confirmed that
he had sent three doctors to examine Ibrahim Bah and
asked the General Inspectorate of Police for a report
on the 24 May operation. He said that, after
questioning the escorting officers, executives of the
airport security detachment, the relevant airline pilot,
the duty doctor at the airport and a member of the
airline security staff, the General Inspectorate of
Police, in a 30 May report, had concluded that the
allegations could not be proven: the prescribed
procedures had been scrupulously respected, all the
statements were unanimous and there had been no use
of a pillow or any other covering of the mouth.
On 1 June the three doctors had submitted a
written report, two pictures and an additional report
relating to an urology examination. The Minister said
that their reports showed that no particular injuries had
been observed and that Ibrahim Bah was receiving all
the medication prescribed by his private doctor, apart