54
Concerns in Europe: January - June 2001
AI Index: EUR 01/003/2001
Amnesty International September 2001
P O L A N D
Reports of police failure to protect the victims
and to investigate incidents of racist violence
In September AI wrote to the Minister of Justice,
Stanis
aw Iwanicki, expressing concern about reports
of racist harassment and violence in which the police
authorities apparently failed in their duty adequately
to protect the victims. The organization was also
concerned that the reported incidents have not been
investigated thoroughly and impartially as required by
international human rights standards, and that those
allegedly responsible for racist violence had not been
brought to justice.
According to the information received from the
European Roma Rights Center (ERRC), a regional
non-governmental human rights organization, on 29
September 2000, in Warsaw, Nicolae Gheorghe,
advisor on Roma and Sinti issues for the Organisation
for Security and Co-operation in Europe, and four
other people, all of whom are of Romani origin, were
refused service in the Guiness Pub, on Koszykowa
Street. The waitress and then the manager asked
Nicolae Gheorghe and his companions to leave.
Shortly after they refused to do so, five guards of a
private security company arrived and manhandled and
dragged Nicolae Gheorghe, Salome Hirvaskoski and
Gabriel Babus out of the restaurant. Nicolae
Gheorghe, whose jacket had been ripped by the
guards, then called the police from outside the
restaurant to complain about the ill-treatment and the
denial of access to a public service on the basis of his
ethnic background. Police officers who arrived
promptly took statements from the complainants.
However, an investigation into the incident
subsequently initiated by the District Public
Prosecutor was reportedly closed on 20 December
2000, as the conduct of the security guards involved
was not considered to be a criminal offence.
Another ERRC report described repeated racist
harassment of Romani residents of Brzeg in early
December 2000. Members of extremist right-wing
groups sprayed racist graffiti on Romani houses in
three streets, breaking windows and in several
instances attempting to break down the entrance
doors. The police were reportedly called, but failed to
arrive in time to apprehend the perpetrators of the
racist violence. The commander of the local police,
Officer S.
18
, reportedly dismissed the attacks as false
allegations and stated that the Roma had painted the
racist graffiti themselves. According to the
representatives of Never Again, a non-governmental
organization based in Warsaw, Officer S. accused the
Roma of paying each other to make false witness
statements, and that the Roma only pretend to be
persecuted in order to claim political asylum abroad.
AI also received reports indicating that people
who are of obvious non-European origin have also
been subjected to racist violence. On 9 May, at around
2pm, Florence Balagiza, an 18-year-old orphan from
Rwanda who is seeking asylum in Poland, was
walking alone through a forest close to the refugee
camp at D
bak
.
Suddenly she was approached by
three men, who started to hit her on her head, back and
legs and pulled her to the ground, calling her “czerna"
(black). They also took her bag containing some
documents and money. Florence Balagiza then went
back to the refugee camp and called the police but was
told that they were busy and would only be able to
come to speak to her the following day. On 10 May
the police came and interviewed her. As a result of the
assault she suffered several bruises but she did not go
to be examined by a forensic medical expert, and have
the minor injuries properly documented, as she was
unable to pay for this service. When she mentioned
this to the officers who questioned her, Florence
Balagiza was told that the police could not offer her
any assistance “because it was not their business".
18
The officer’s identity is known to AI
Florence Balagiza was not sure if her complaint had
been registered officially as she was given no reports
nor was she asked to sign any document. Several
weeks later when she called the police to inquire about
any progress in the investigation of her complaint the
officers said they had nothing to report.
On 2 June 2001 at a bus stop in Bankowy Square
in Warsaw, Simon Moleke Njie, who is from
Cameroon and has been granted asylum in Poland, and
Dr Issa Amadou Tall, who is a Senegalese national
visiting Poland as a guest of the Institute of
Mathematics of the Polish Academy of Sciences, were
approached by four men. One of the men told Dr Tall
that they were going to meet the Polish football team,
returning from a match in Norway. As one of the
football players on the national team is of African
origin, they assumed that they were being engaged in
a friendly conversation. Suddenly one of the men hit
Dr Issa Amadou Tall. Then the four men, one of whom
had a wooden bat, surrounded Simon Moleke Njie and
punched him while shouting: “Bamboo! Black
whore!”. Following one of the punches on the head
Simon Moleke Njie briefly lost consciousness. As a
result of the blow his left eye was injured, impairing
his vision. Simon Moleke Njie managed to stop a taxi,
whose driver had witnessed some of the incident, and
he and Dr Issa Amadou Tall went to the police station
at Nowolipie 2, approximately 200 metres away from
the bus stop where the assault took place. In front of
the station there were three officers, none of whom
wore any identification badge. One police officer
reportedly laughed when he saw Simon Moleke Njie’s
head injury. Another officer to whom Simon Moleke
Njie complained about the attack, indicating that the
perpetrators might still be at the bus stop, asked him
for his passport and reportedly stated that Poles were
also victims of aggression. They refused to call an
ambulance or to take contact details for the taxi driver,
as a witness of the assault, who waited in front of the