“뭔가 깨지는 소리와 함께 제 어깨 쪽에 강한 충격을 느꼈어요. 그 다음 이마와 뒤통수를 맞고는 정신 을 잃었죠.”
국제앰네스티는 8일 새로 발표한 보고서를 통해 독일에서 경찰 학대 및 과도한 무력 사용에 대한 조사가 제대로 이루어지지 않고 있어 피해자들이 정의를 거부당하고 있다고 전했다.
새 보고서 ‘알려지지 않은 폭행자 – 독일 내 경찰의 부당한 대우에 대한 불충분한 조사(Unknown Assailant – Insufficient investigation into alleged ill-treatment by police in Germany)’는 경찰 폭행에 의한 3건의 사망 사례 및 12건의 심각한 부상 사례를 자세히 다루고 있으나, 이 말고도 더 많은 사례가 있는 것으로 추정되고 있다.
국제앰네스티 데이빗 디아즈-요게이스(David Diaz-Jogeix) 유럽 및 중앙아시아 프로그램 부국장은 “법집행 관리라고 해서 그들이 법 위에 서있는 것은 아니며, 그들도 법의 구속력을 받는다”며 “이것은 경찰이 법, 국가, 그리고 국민 에 대한 책무를 감당해야 한다는 것을 의미한다”고 말했다.
이어서 디아즈-요게이스 부국장은 “효과적이며 독립적인 조사에 대한 국제적 기준에 미치지 못함으로 인해 불처벌적인 환경 및 책무성의 결핍이 조성되고 있다”고 말했다.
이번 보고서는 체포, 구금, 시위, 강제 송환 및 여러 상황 중에 발생하는 경찰의 과도한 무력 사용 사례 및 이러한 인권침해에 대 해 법집행 관리들이 사법적 심판을 받지 않는 이유에 대해 설명하고 있다.
형사소송 관련 정보 부족 및 경찰 신원 확보와 부적절한 조사에 의한 어려움 때문에 피해자나 유가족이 사법적 정의를 제대로 받 지 못하고 있다.
국제앰네스티는 독일이 국내 및 국제법적 구속력을 받고 있음에도 불구하고 경찰에 의한 인권침해가 계속되고 있는 것에 대해 우려를 제기하고 있다.
독일 당국은 즉시 경찰에 의한 모든 인권침해 사례에 대해 중립적이고 독립적이며 철저한 조사에 착수해야 한다.
Germany must investigate police abuse claims
8 July 2010
“I heard something split and crack, felt a blow on my shoulder, then one on my forehead and one on the
back of my head. Then I passed out.”PW describing his treatment by the police
Germany’s failure to thoroughly investigate claims of police ill-treatment and the use of excessive force has denied justice for victims of abuse, Amnesty International said in a report published on Thursday.
The report, Unknown Assailant – Insufficient investigation into alleged ill-treatment by police in Germany, details three deaths and 12 cases of serious injury following police action but it is believed that there could be many more.
“Law enforcement officials are not above the law – they are subject to it. This means that the police must
be accountable to the law, to the state and to the public,” said David Diaz-Jogeix, Europe and Central Asia Deputy Programme Director.
“Failure to live up to international standards on effective and independent investigations is leading to a
climate of impunity and a lack of accountability”
The report describes how excessive force is used during arrests, against suspects held in police stations,
against protesters at demonstrations, during deportations and on other occasions.
It also documents the reasons why law enforcement officials are rarely brought to account for human rights
Lack of information about how to lodge a criminal complaint, difficulty in identifying police officers and
inadequate investigations have prevented victims or their relatives from receiving justice.
Amnesty International is concerned that despite Germany’s obligations under national and international
law, abuses committed by the police continue to take place.
The authorities must carry out prompt impartial, independent and thorough investigations in all cases of
alleged human rights violations by police officers.
On the night of 20 August 2005 MM, a communications engineer, was celebrating his stag night at a Berlin
music club. At 1.30am around 300 police officers, entered the club to search it based on information that
150-250 football hooligans were going to gather there. Some of the police officers’ faces were concealed,
some wearing balaclavas, and others helmets.
MM said: “Suddenly, our party was over when masked figures stormed in and lashed out randomly at everything that moved.”
He said he was hit on the head with a side-handle baton. Reportedly, he lost his balance and was again hit
in the face by one of the masked police officers. MM was diagnosed with suffering trauma and two lacerations to the head.
Amnesty International is concerned that it was not possible to identify the police officers who had been
involved in ill-treatment and, in turn, it was therefore not possible to hold them accountable.
The organization has found deficiencies in the current system and calls on the German authorities to take
measures to improve it, including:
•To establish independent police complaints bodies;
•To ensure that police officers are individually identifiable when on duty;
•To provide regular training to police officers in the legal, safe and proportionate use of force.
“Mistakes and misconduct can and do take place in police work. It is widely acknowledged that police
officers perform a difficult and dangerous task, often at great personal risk, and that the great majority of officers fulfil their duties professionally and lawfully,” said David Diaz-Jogeix.
“However, officers responsible for criminal conduct must be brought to justice in full and fair proceedings. Victims have the right to an effective remedy and reparation.”
Cases of deaths in police custody On 7 January 2005, Oury Jalloh, an asylum-seeker from Sierra Leone, burned to death, after having been tied to a bed in a cell at Dessau police station in Saxony-Anhalt. Oury Jalloh was arrested for allegedly harassing four women while under the influence of drugs and alcohol. Amnesty International is gravely concerned that Oury Jalloh was left alone in a cell while physically restrained, that the police failed to regularly monitor his safety and well-being, and ignored the initial fire alarm warning them that he was in danger. The accused police officers on duty when he burned to death remain in office but they are no longer working at the same police station.
On 5 March 2008, 26-year-old Adem Özdamar died in hospital after being transferred from Hagen police
station where he had been bound to a stretcher during a panic attack. On the night of 17
February 2008 at around 2am, Adem Özdamar called the police because he feared he was being pursued. Amnesty International is concerned that it could not be clarified why Adem Özdamar was taken to the police station and not to a psychiatric hospital even though it was apparent that he was suffering from mental health problems. The circumstances of the incident at Hagen police station were not clarified sufficiently and no disciplinary measures were taken against any police officer.