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Slovakia*
1461. By letter dated 15 November 2004, the Special Rapporteur notified the Government that he had received allegations concerning:
1462. Stefan Šarkozi and his children O. Š., J. Š., A. Š. and R. Š.; and Marian Rehak and Roman Malik, members of the Roma community, Záhorská Ves village. On 3 July 2004 around midday, the mayor of the village accompanied by four security guards arrived to evict the family from a plot of land. The guards chased the family members out and beat them with baseball bats. Stefan Šarkozi sustained a broken arm; O. Š. sustained injuries to her legs; J. Š. sustained injuries to his face and chest; A. Š. was thrown into the river; R. Š. was beaten, as was Marian Rehak. The incident was reported to the Malacky District Police Department. They were treated at a local hospital for their injuries. The mayor announced on the local radio station that night that he would “finish” all of the Gypsies in the village that night. On 6 September, security guards forced Roman Malik, a relative of the Šarkozi family, into a car and drove him to a wooded area 20km outside of Záhorská Ves, where they beat him with truncheons. A complaint was filed with the General Prosecutor’s Office in this regard. On 29 September 2004 at 10.30 a.m., twelve members of the family was left homeless when their home was demolished on the orders of the mayor.
Follow-up to previously transmitted communications
1463. By letter dated 29 January 2004, the Government provided information concerning a Roma settlement in Plavecký Štvrtok (E/CN.4/2004/56/Add.1, para. 1444). The Government informed that on 5 September 2000, based on an anonymous telephone tip-off, two patrolmen from the Supava District Police Department were sent to the village of Plaveck ý Štvrtok because Juraj Biháry against whom an order of committal to prison was issued had reportedly been sighted there, near the “U Chmelu” food store. On the way to Plavecký Štvrtok, the patrolmen stopped by to pick up another member of the Supava District Police Department, who knew Juraj Biháry. Several persons of Roma origin were present at the reported location. After identifying him, the policemen asked Juraj Biháry to accompany them to the police station. He actively resisted and attacked the policemen with a broken bottle. Other persons present physically prevented the policemen from detaining Juraj Biháry, who used the situation to flee. On 19 September, a police operation to apprehend persons subject to committal orders and arrest warrants was conducted. With a view to the possibility that these individuals could be armed and provide resistance, and with the approval of the Regional Police Force Directorate, 23 policemen participated. During the operation, Juraj Biháry attempted to flee from the settlement to a forest. A policeman ordered him to stop, and when he didn’t, threatened to shoot and fired a warning shot in the air, in accordance with section 60 of the National Council of the Slovak Republic Act No. 171/1993 Coll. on the Police Force (as amended). Juraj Biháry eventually heeded and lay down, at which time the policeman was attacked by unknown persons from behind, and Juraj Biháry attacked the policeman with a 40cm knife. He was finally detained by other policemen. Jozef Biháry and František Jankovic were also detained by policemen, who used restraints, such as hand holds, punches and selfdefence kicks, hancuffs and means of eliminating resistance or averting attack under sections 51 and 52 of the 1993 Act. According to the official records, the use of the restraints did not cause injury to any of the persons against whom they were used. Police supervisors assessed the use of the means of restraint as justified. After the detention, Juraj Biháry was taken to the Malacky Hospital for medical treatment. The doctor identified contusions on his head, thorax and limbs and found minor abrasions and haematoma on his body, with expected treatment of five to six days. Regarding his injuries, Juraj Biháry stated at the examination that an iron lintel fell on his head and arm while carrying out building work, and only felt pain in the places of contact with the lintel. On 5 March 2001, the three men were found guilty in Malacky district court of offences related to the above police operations. A case was opened into allegations of abuse of public authority under section 158 of the Penal Code by the police authority of the Bratislava Inspection Department of the Police Force Inspection Service Office. No violations in the police action of 19 September 2000 was found and the case was withdrawn under section 159 of the Code of Criminal Procedure.
*Paragraphs 1416-1416 summarize the information transmitted to the government of Solvakia by the Special Rapporteur. In the original report published by the United Nations 30 March 2005 these paragraphs appeared under the heading ¨Spain.¨
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Sierra Leone
Spain
This report has been published by Equipo Nizkor and Derechos Human Rights on July 27, 2005.