Concerns in Europe: January - June 2001
69
Amnesty International September 2001
AI Index: EUR 01/003/2001
deportations from Western Europe, including that of
Khaled Abuzarifa during an attempted deportation
from Switzerland in 1999 (see below). All the cases
were accompanied by the use, shortly before death, of
dangerous methods of restraint impeding the
respiration of the deportee.
AI urged that in their investigations the relevant
Valais authorities pay special heed to international
standards relating to the use of force by law
enforcement officials, including the UN Basic
Principles on the Use of Force and Firearms by Law
Enforcement Officials and the UN Code of Conduct
for Law Enforcement Officials. These standards
stipulate, amongst other things, that force should be
used only as a last resort, in proportion to the threat
posed and should be designed to minimize damage
and injury.
AI also expressed the firm hope that the
investigation into the death of Samson Chukwu would
take into account the risks posed by the use of
dangerous restraint techniques which can lead to death
from positional asphyxia.
AI pointed out that, according to experts,
positional asphyxia arises “from use of neck-holds
which restrict breathing or when a person is laid on
their stomach during restraint and/or transportation:
this position compromises a person’s ability to breath.
Additionally handcuffing a person behind their back
also restricts a person’s ability to breathe. Any weight
applied to the back in this position (such as pressure
by a law enforcement officer, including an attempt to
keep a person still) increases breathing difficulty
further. A ‘natural reaction’ to oxygen deficiency is
increased physical struggle. In the face of such a
struggle a law enforcement official is likely to apply
additional pressure/compression to subdue the
restrained person, yet further compromising the
restrained person’s ability to breathe.”
AI
drew
attention
to
a
number
of
recommendations and safeguards, applicable to all
cantons, relating to forcible deportation (see below).
AI said that it would welcome receiving assurances
that regulations and guidelines for police and medical
personnel in the Canton of Valais already incorporated
the safeguards indicated in its recommendations, as
well as copies of the relevant directives. In the event
of no such safeguards being in place, then AI urged an
immediate review and appropriate amendments.
In response, the Head of the Valais Canton’s
Department for the Economy, Institutions and
Security, in addition to expressing regret about
Samson Chukwu’s “tragic death”, stated that there
was nothing to lead to “the conclusion that the police
officers in charge of the escort of M. Chukwu
overstepped the bounds of their power or made a
disproportional use of force.” He thanked AI for the
guidelines indicated in its letter and stated his
intention of transmitting them to the different services
concerned “in order to make them more aware of the
risks inherent in the execution of these deportation
operations.”
In July a final autopsy report concluded that the
Samson Chukwu’s death could be attributed to
positional asphyxia. The judicial investigation
continued.
The above exchange of correspondence was
copied to the Federal Department for Justice and
Police and to the Federal Office for Refugees and
made public at the end of May (see Switzerland -
Death during forcible deportation: an exchange of
correspondence following the death of Samson
Chukwu, AI Index: EUR 43/005/2001).
AI’s public call for urgent reform
In June, in view of deaths occurring during forcible
deportation operations in recent years and in view of
persistent allegations of use of excessive force and
degrading treatment by police officers acting as
escorts
during
deportation
operations
from
Switzerland, AI called on all cantonal governments to
review police restraint techniques and the relevant
guidelines and training for police and medical
personnel involved in deportation operations. AI
stated that cantonal authorities needed to ensure that:
·
escorting officers have clear instructions that no
more force should be used deporting a person that
is reasonably necessary, in line with international
standards on the use of force by law enforcement
officials;
·
methods of restraint impeding respiration and
involving a significant risk for life are banned and
that the appropriate guidelines are in place to
minimize risk of positional asphyxia;
·
any administration of sedative drugs is in
accordance with purely medical criteria in line
with Principle 5 of the UN Principles of Medical
Ethics;
·
any use of irritant sprays aimed at temporarily
disabling an individual is subject to strict
guidelines and limitations on its use;
·
during deportation operations all deportees are
provided regularly with food and drink, have
ready access to toilets and are treated with respect
for their human dignity.
AI recognized the establishment of a working
group on deportations in December 2000, involving
relevant cantonal and federal authorities and aiming,
among other things, to establish common guidelines
on the execution of deportation operations and a
common pool of specifically-trained officers. The
organization understands that its recommendations are
being taken into account by the working group.
AI said that cantonal and federal authorities
should press forward with the review and reform of
deportation operations as an urgent priority.
Criminal proceedings relating to the death of
Khaled Abuzarifa
(Update to AI Index: EUR 01/001/2001)
In June Bülach District Court tried three police
officers and a doctor employed by the Canton of Bern