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Netherlands: Deaths in police custody

01 May 1994

The police sergeant responsible for the arrest and violent handling of the Turkish man H Kksal, who subsequently died in police custody in Venlo in early 1993, has been acquitted by the court. The public prosecutor had demanded a month conditional imprisonment plus a 1500 guilders fine. The prosecutor's office held that several medical and pathological investigations indicated that the man would have died, even if he had been taken to a hospital when he was found on the street unconscious, instead of being thrown in a police cell. Still maltreatment with intent was considered proven by the prosecutor.

On 3 May a 21-year old Syrian-orthodox Mr Paulus Kurt committed suicide by hanging himself in a police cell in Hengelo out of desperation because he expected to be expelled and feared for his life. A day earlier, after intervention from the christian- democratic faction in parliament the ministry had agreed not to send the man back to Turkey. The police was informed of this decision around eleven the following morning, but failed to notify Mr Kurt who took his life later that afternoon.

Human rights organizations have demanded an investigation of the Hengelo aliens police department, because several incidents were reported last year. An investigation by the local social democrat party produced 18 complaints and concluded that the department could not be accused of grossly violating the law, but maintained a very formal attitude and was rude both to foreigners and Dutch persons. In the report a jurist was cited saying that they could not be accused of discriminating: "they just hate everyone who comes from abroad."