November 21, 2003
Chief Lee New
Cobb County Police Department
140 N. Marietta Parkway
Marietta, GA 30060

Dear Chief New,

As you may be aware, Amnesty International is a worldwide non-governmental organization that promotes awareness of and adherence to human rights enshrined in international human rights treaties and instruments. One of the areas of our work concerns the use of force by law enforcement officials.

Amnesty International is concerned about reports regarding the case of the fatal shooting of Surafel Assaminew on September 16, 2003. Reports indicate that Assaminew was shot five times by Cobb County officers during an encounter at Assaminew's residence. Amnesty International understands that Assaminew was carrying a 4-inch wide board at the time of the police encounter, and that the police report states that the officers fired their weapons in self-defense.

Amnesty International is concerned that the officers' use of deadly force in this case may have been disproportionate to the threat that Assaminew posed and would thereby constitute a violation of international standards regarding the use of force by police as outlined in the United Nations Basic Principles on the Use of Force and Firearms. These standards provide that officers should "use only the minimum amount of force required for the performance of their duties, and that any force used must be proportionate to the threat posed and designed to minimize damage or injury." The standards further provide that firearms may only be used in self-defense or to defend others against an "imminent threat of death or serious injury" and "only when less extreme measures are insufficient to achieve these objectives" and that "in any event, intentional use of firearms may only be made when strictly unavoidable to protect life."

Amnesty International joins other human rights organizations and more than 5,000 individual signatories calling for a full and open investigation into the shooting death of Surafel Assaminew. We would appreciate knowing the results of such an investigation when they are released, and whether it was determined that a breach of department protocol occurred in this case.

We would also appreciate knowing the police department's policies related to the use of force, and whether or not the department has a system for identifying and tracking officers who may be at risk of using excessive force.

Amnesty International understands that while a preliminary investigation is being made into this case, the officers who are being investigated have been placed back on active duty. We would appreciate being apprised of the findings of the investigation and any way in which the department has sought to address community concerns about the officers being reinstated to active duty while the investigation is still pending.

Finally, Amnesty International has received reports that Assaminew had been diagnosed with bipolar disorder and that the police officers were aware of his condition at the time of the incident. We would appreciate knowing whether the police department has a policy regarding encounters with individuals who are mentally ill and, if so, the contents of that policy.

We look forward to hearing from you regarding this matter.

Sincerely,

Benjamin Todd Jealous
Director
U.S. Domestic Human Rights Program

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