66
Concerns in Europe: January - June 2001
AI Index: EUR 01/003/2001
Amnesty International September 2001
without being able either to reach the Spanish
mainland or to return home without police permission.
In some cases they had been waiting 11 months by the
time of AI’s visit. It was highly probable that the
climate of tension had contributed to outbursts of
violence at the CETI.
Several Nigerian nationals told AI delegates that
they, and others, had been ill-treated by Civil Guards
during previous attempts to reach Ceuta from
Morocco by climbing or otherwise entering the border
fence. “More than three” migrants had reportedly been
injured by rubber bullets, fired in attempts to deter
them from crossing the border. Civil Guards had also
allegedly beaten and stripped some of the Nigerians,
burned their clothes in front of them and hosed them
with cold water in attempts to prevent them entering
Ceuta.
Costa Rican woman alleges police ill-treatment
A Costa Rican student of anthropology, Marta Elena
Arce Salazar, claimed that on Monday, 2 April, after
being arrested in the Plaça de Catalunya in Barcelona,
she was beaten and insulted by five or six National
Police officers. Following her arrest, and at her
request, Elena Arce was taken from the police station
in the Rambla Nova to the Hospital del Mar in
Drassanes, where she received medical treatment. A
medical report issued by the hospital identified a
number of haematoma and bruises on her body. She
was then returned to the police station and held there
overnight, sleeping on a mattress on the floor, without
a blanket. She was reportedly refused permission to
make a telephone call either to her lawyer or her tutor.
On the Tuesday she was told that four police officers
had accused her of attacking one of them with a little
spray - which she claimed was in one of her jacket
pockets and had been set off when she was thrown to
the ground - and with attempting to resist arrest. At
about 11pm she was taken to the prison of Verneda.
On Wednesday morning she was taken before the
judge of Court No. 3 in Barcelona. She was attended
by a court doctor and taken back before the judge in
the afternoon. At 8pm she was released, without bail,
after being notified of a charge against her of
“disobedience”.
Elena Arce noted that she was arrested a few days
after taking part in an immigrant occupation of the
church of Santa María del Pi to demand rights for
immigrants and changes to the new law on foreigners
(generally referred to as the Ley de Extranjería). The
arrest apparently took place after police officers, to
whom the theft of a mobile telephone had been
reported, had approached a group of immigrants who
habitually gathered in the Plaça de Catalunya and
asked them to produce all their mobile phones. Elena
Arce had apparently entered into an argument with the
officers.
Other reports of ill-treatment in police custody
were also received.
Death in custody of António Fonseca
On 30 March the judge investigating the death in
custody in Arrecife, Lanzarote (Canarias), on 20 May
2000, of António Augusto Fonseca Mendes closed the
case, concluding that António Fonseca, a native of
Guinea-Bissau, died of natural causes (update to AI
Index: EUR 01/03/00 and EUR 01/001/2001). No
charges were brought against the two National Police
officers who had arrested him and taken him to the
police station. The judge reportedly rejected as
incomplete the findings of a well-known forensic
expert who had been appointed by the Fonseca family
to conduct a second autopsy, and who had concluded
unequivocally that a fatal injury was dealt to the right
side of the neck by a “blow with a blunt instrument”.
The judge also rejected as unreliable the testimony of
a man who claimed he had seen police officers beating
António Fonseca at the police station. The judge’s
decision appeared to leave open a number of questions
relating to numerous contradictions in testimony. An
appeal against the judge’s decision was filed by the
lawyer for the Fonseca family.
S W E D E N
Deaths in custody
Osmo Vallo
(update to AI Index: EUR 01/03/00 and EUR
01/001/2001)
The commission of inquiry, which was instituted by
the government, into the procedures used during the
criminal investigation following the controversial
death of Osmo Vallo, began its work in January. Osmo
Vallo died shortly after his arrest in Karlstad on 30
May 1995. He had been ill-treated by police officers
(see AI Index: EUR 01/03/00 and EUR 01/001/2001).
According to the terms of reference, the commission
should complete its inquiry by the end of the year. AI
representatives met in January with the Special
Commissioner, Mats Svegfors and the Secretary of the
Commission, Judge Katarina Persson, and briefed
them on the organization’s concerns.
In March the Supreme Court rejected the appeal
by Osmo Vallo’s mother for a new trial, stating that
there was no new evidence to justify it. The family’s
lawyer was considering what further legal action
could be taken.
Peter Andersson
(update to AI Index: EUR 01/001/2001)
On 28 March the Prosecutor General decided to
reopen the preliminary investigation into the death of
Peter Andersson, since the cause of death had not been
sufficiently investigated. Peter Andersson died on 3
Nov 2000. He was arrested by two policemen and
restrained and handcuffed, after reportedly resisting
arrest. The policemen were said to have called for
more reinforcements. While Peter Andersson was
being restrained, his brother reportedly noticed that he
was becoming unconscious. He was taken by an
ambulance to the hospital in Örebro, where he was
examined by a doctor and then transported, lying on