30
Concerns in Europe: January - June 2001
AI Index: EUR 01/003/2001
Amnesty International September 2001
on 8 March and had tried, unsuccessfully, to submit an
asylum request. She claimed that, on 10 March, an
attempt was made to embark her on a Cameroon
Airlines flight to Douala and that when she resisted
force was used against her. One police officer
allegedly pulled her backwards, after which he
dragged her over the ground by her hair while
insulting her. He also kicked her several times, before
stamping on her legs. There were reportedly seven
witnesses. Blandine Tundidi Maloza saw a doctor, but
owing to continuing pains in her back and legs, asked
to be able to see the doctor a second time. Her request
was reportedly refused. Her application for asylum
was finally accepted and she was admitted onto
French territory on 15 March. According to the
frontier police (Police aux frontières - PAF), Blandine
Tundidi Maloza did not make a request for asylum
until 11 March. The previous day she had refused to
get on the aircraft, fought with police officers, stripped
naked and ran, with eight others, along the runway.
The officers had acted to restrain her for reasons of
security.
There were many other allegations of police ill-
treatment at the holding area. In May a non-
governmental organization that specialises in helping
foreigners at border zones, the Association nationale
d’assistance aux frontières pour les étrangers
(Anafé), published a report that dealt with the specific
situation at Roissy and referred to the cases of several
individuals of Nigerian, Sierra Leonian, Congolese
and Pakistani origin who, while handcuffed, had
allegedly been slapped, beaten with truncheons or
dragged along the ground when resisting police
attempts to place them on flights out of France. Anafé
noted that it was difficult to confirm some of the
allegations, but during three visits in January and
March, visitors had seen injuries consistent with
allegations of beatings on foreigners being held there.
A Paris Appeal Court decision of 7 February
confirmed a judge’s order three days before, releasing
Nigerian citizen John Abonayl Ejike from the holding
area owing to allegations of ill-treatment. John Ejike
maintained that he had been ill-treated during a failed
attempt to deport him on 1 February. The judge had
himself noted marks on his body. The Appeal Court
considered that there was no evidence to suggest that
John Ejike had been ill-treated or injured prior to
arrest.
Concern was also expressed, among other things,
about the placing of unaccompanied minors in holding
areas. On 2 May, the Court of Cassation judged that to
hold children in these areas was not an infringement
of children’s rights. Its judgment was contrary to some
decisions taken by lower courts. In June a three-year-
old and a five-year-old child were reportedly held at
Roissy for four days, separated from their parents, and
a 14-year-old girl of Congolese origin was held at Zapi
3 at Roissy for 10 days, separated from her mother,
and in the presence of male as well as female adults.
Malian national alleges serious ill-treatment
Baba Traoré, a Malian national resident in the Canary
Islands, Spain, alleged that, on 21 February, he was
arrested by uniformed PAF officers while on a train at
Hendaye railway station, close to the border, and
taken by car to the police station. Baba Traoré stated
that he was travelling to Paris to renew his passport,
because it was not possible to do this in Spain. He had
a valid return train ticket and his Spanish residence
and work permits. He claimed that he was seriously
ill-treated while at Hendaye police station. He could
not speak French but attempted several times to ask
why he had been arrested. He was reportedly punched
hard in the left eye while sitting in a chair. About half
an hour later he was escorted by two officers to
Biriatou police station and handed over to Spanish
police officers, who released him, reportedly calling a
taxi so that he could receive treatment at the local
hospital of Bidasoa. Shortly afterwards he was
transferred by ambulance to the hospital of Nuestra
Señora de Aranzazu in San Sebastian (Guipúzcoa). On
the same day he underwent surgery on the left eyeball,
which, according to medical reports, was severely
damaged by a “direct blow”. He remained in hospital
for another six days, with further surgery a possibility.
Baba Traoré lodged a judicial complaint with the
public prosecutor of Bayonne. The prefect of
Pyrénées-Atlantiques was reported as saying that the
Malian had violently opposed readmission to Spain
and therefore had to handcuffed and brought under
control.
Death in custody: police and doctor convicted
On 20 March, 10 years after the death of 18-year-old
Aïssa Ihich at the police station of Mantes-la-Jolie
(Yvelines) - and eight years after debate about the case
had led to a reform of rules governing police custody
- the correctional court of Versailles sentenced two
officers of the local brigade urbaine to a suspended
10-month prison sentence and a doctor to a suspended
one-year prison sentence. A third officer was
acquitted. Aïssa Ihich died from an asthma attack on
27 May 1991. The doctor on duty at the police station,
who had judged the detainee’s state of health to be
compatible with an extension of police custody, was
found guilty of involuntary homicide from
“negligence”. The police officers were found guilty of
acts of violence, inflicted during and immediately
after arrest and found to have had an indirect link with
the death. Officers of another police force, the
Compagnie républicaine de sécurité (CRS), testified
that Aïssa Ihich had been beaten with a truncheon on
his head, body and hands while he was lying,
immobilised, on the ground. The police officers had
originally benefited from an order excluding them
from the inquiry (ordonnance de non-lieu). However,
in June 1997 the chambre d’accusation of the court of
Versailles annulled the non-lieu order of the
investigating magistrate and sent the officers and
doctor to trial. Throughout the extremely long judicial
proceedings the prosecutor did not accept that there
was enough evidence against the police officers, and
at the trial requested that they be found not guilty. The
two convicted officers and the doctor have appealed
against their convictions. (For further details, see AI
Index: EUR 01/02/99, EUR 01/03/92 and EUR