Aadel Collection
Report by the Special Rapporteur, Mr. P. Kooijmans, pursuant to Commission on Human Rights resolution 1988/32
UNITED
NATIONS
Economic and Soclai
Council
General
E/flh 4/1989/1.5
23 January 1989
Et3 LISH
CC*141$SION ON NU4AN RIGHTS
Forty—fifth session
Item 10 (a) of the provisional agenda
QUESTION OF THE HUMM flGHTS OF ALL PERS CES SUBJECTED
¶10 ANY FOW OF DETENTION OR D4PRISO1 1ENT
‘TORTURE AND OTHER CRUEL, INHUMj J OR DEGRADING TREAThENT
OR PUNISHMENT
Report by the Special Rapporteur, Mr. P. Kooijnlans. pursuant to
Connission on Human Rights resolution 1988L A
E
E/a. 4/1989/15
page ii
CONTENTS
160
169
188
209
234
239
158
159
— 233
— 187
— 208
— 233
— 238
— 247
i i .
4
4
4
23
31
31
32
33
38
43
49
50
P a ge
Pa ragrap hs
1 — 10
11 — 159
11 — 12
13 — 105
106 — 157
I. ItTRODUCFION
II. ACTTVITUS OF THE SPECIAL RAPPORTEUR
A. Correspondence with Governments
B. Information transmitted to Governuents
C. Urgent action
D. Reminders .
E. Consultations
I II. VISITS BY THE SPECIAL R1 PPORTEtIR
A. visit to Peru
S. Visit to the Republic of Korea
C. visit to irkey
1ST. ADVISORY SERVICES
V. RI COM 4ENDtiTIOt
E/O . 4/1989/15
page 1
I. INTRODUCE ION
1. At its forty—first session, the Convuission on Human Rights adopted
resolution 1985/33 . by which it decided to appoint a special rapporteur to
examine questions relevant to torture.
2. On 12 May 1985, the Chairman of the Conmission appointed
Mr. Peter Kooijmans (Netherlands) Special Rapporteur who, in pursuarte of
Cougnission resolutions 1986/50 and 1987/29, sub itted reports (E/CN.4/l986/l5
and E/04.4/l987/l3) to the Coianission at its forty—second and forty—third
sessions respectively.
3. At its forty—forth session, the Conmission had before it the third report
of the Special Rapporteur (E/CN.4/l988/17 and Add.1) and adopted resolution
1988/32. by which it decided to continue the mandate of the Special Rapp rteur
for two years, in order to enable him to submit further conclusions and
reconnendations to the Coninission at its forty—fifth and forty—sixth
sessions. The Econcitic and Social Council endorsed that resolution by
decision 1988/130.
4. In submitting his fourth report to the Conmiission, the Special Rapporteur
cannot but conclude that torture is still rampant in various parts of the
world. Hopeful developments in some countries are counterbalanced by
depressing deteriorations in other. The Special Rapporteur has been confirmed
in his opinion, already expressed in previous reports, that situations of
civil strife and civil war are particularly conducive to the practice of
torture. He has received an alarming anount of information with respect to
such situations, revealing a pattern of routinely practised torture and
ill—treatnent by both parties to such conflicts. In these situations it is
generally the local population which is the Rain victim. Pressed and
terrorized by guerrilla itovements to provide support and furnish them with
food and shelter they are suspected innediately by the security forces of
having done so. Thus pressure and violence are used by the security forces to
extract confessions and information fr an them. In the bitterness of the
struggle for political power, the universally recognized rights of the
individual are considered to be a matter of low priority, indeed almost
trivial, to which none of the parties can afford to attach inportance, since
higher interests are at stake.
5. The majority of the allegations received by the Special Rapporteur deal
with torture practised under circumstances such as those just described.
Since the prohibition of torture concerns a human right which is explicitly
mentioned in article 4 of the International Covenant on Civil and Political
Rights as a right from which no derogation may be made in tines of public
emergency, the Special Rapporteur feels that Governments have a special
responsibility to investigate such allegations and to take all appropriate
measures to prevent torture being practised by government agents. The often
undeniable fact that torture is used by the opposing forces can never justify
similar practices by security forces. Therefore, strict instructions should
he given to the security forces to respect the prohibition of torture and
violation of such instructions should be punished iimnediately.
E/Q . 4/1989/15
page 2
6. Other allegations refer to torture practised to instil fear and terror in
order to prevent civil strife or to situations of excessively harsh treatment
of detainees. Here the opportunities for Governments to take effective steps
to put an end to such practices are much greater, since the Government is in
full control of the situation. In other cases allegations do not refer to a
systematic or regular practice of torture, but to complaints by individuals
which reportedly have not been satisfactorily investigated by the
authorities. In submitting allegations to Governments the Special Rapporteur
does not take a position with regard to their well—foundedness. He merely
asks the Government concerned to carry out an investigation and to inform him
about its outcome. In some cases, the Special Rapporteur is provided with an
extensive report about the investigation and its results; sometimes he is
given an explanation as to why the investigation was inconclusive; in other
cases, however, the allegation is merely denied or even labelled as
slanderous. The Special Rapporteur feels that replies of the latter type do
not sufficiently reflect the unequivocal coirinitment, entered into by all
Governments and by the international conmrnnity of States as a whole, to
eradicate torture and to take all necessary measures to prevent its occurrence.
7. The Special Rapporteur again received invitations from three Governments
to visit their country. He deeply appreciated these invitations from the
Governments of Peru, the Republic of Korea and Turkey and gladly accepted
them. He feels that consultations with the authorities in situ are an
extremely effective instrument for carrying out his mandate. Through
discussions with government officials, professional organizations and other
non-governmental organizations, he is in a position to find out where there
are still deficiencies in that country's system of law enforcement and to make
concrete and specific recoimiendations for ijiprovements. It should be pointed
out that such visits have a consultative character and that the Special
Rapporteur does not carry out investigations into specific allegations during
such visits. It has been suggested fr a n time to time to the Special
Rapporteur that a Government, by extending an invitation to him, would admit
that torture is actually practised in that country. The Special Rapporteur
wishes to enphasize in this respect that, irrespective of the question whether
torture did occur or still occurs in countries visited by him, such a visit
should be seen mainly in the light of prevention of torture.
8. since no society is ilmuune to torture and since torture may take place
everywhere, the need to take effective preventive measures is relevant for all
countries. Just as the parties to the European Convention for the Prevention
of Torture and Inhuman or Degrading Treatment or Punishment have declared
themselves willing to admit independent experts to their places of detention,
irrespective of whether allegations of torture have been made, in order to
enable those experts to recoirmend improv rients, in the sane way an invitation
to the Special Rapporteur should first and foreaost be seen as an expression
of the firm intention of the Government to put an effective ban on torture.
Of course it is also possible for a Government to ask the Special Rapporteur
to carry out an investigation in situ into specific allegations of torture.
Until now the Special Rapporteur has not received an invitation of this kind.
9. The number of States which have becane parties to the United Nations
Convention against Torture arid Other Cruel, Inhuman or Degrading Treatment or
Punishment is steadily increasing. As of 31 December 1988, 39 States had
ratified the Convention or had acceded to it; 6 belong to the African Group,
3 to the Asian Group, 7 to the Eastern European Group, 10 to the
E/04. 4/1989/15
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Latin American Group, and 13 to the Western European Group and other States.
The first reports under article 19 of the Convention have been suixaitted to
the Coninittee against Torture. The Special Rapporteur has noted with
appreciation that some Governnents have provided him with a copy of their
report, thereby ccnplying with the request made in his report of last year.
10. The entry into force of the European Convention for the Prevention of
torture and Inhuman or Degrading Treatment or Punish ent on 1 February 3.988 is
of paranount iirportame. In previous reports, the Special Rapporteur has
emphasized the importance of a system of periodic visits by independent
experts to places of detention and has called it one of the best preventive
measures against torture, With the entry into force of the European
Convention, useful experience can be gained which may make it easier to
consider the question whether and under which conditions the introduction of
such a system of periodic visits can also be envisaged in other regions or on
a world—wide level.
E/a . 4/1989/15
page 4
II. ACTIVITI OF THE SPECIAL RAPPORTEUR
A. Correspondence with Governments
11. In pursuance of paragraph 8 of resolution 1988/32, the Special Rapporteur
addressed notes verbales to Govermnents with the request that they provide him
with any information relevant to his mandate, including information on
preventive measures intended to eradicate the phencnenon of torture and on the
establislinent of an independent authority, at a national level, able to
receive individual complaints.
12. In response to his request, the following Governments submitted
information: Bahamas (26 September 1988), Burma (26 August 1988), Burundi
(23 September 1988), Canada (26 September anti 7 October 1988), Chad
(27 September 1988), china (21 July 1988), cuba (12 September 1988), Denmark
(1 July 1988), Dominican Republic (7 Septenter 1988), France
(29 September 1988). Germany's ederal Re ub1ic (I September 1988), Guatemala
(1 September 1988), Haiti (19 April 1988 and 23 December 1988), Iraq
(19 April 1988), Italy (18 O ctober 1988), Libyan Arab Jaxnahiriya
(12 October 1988), Mauritius (26 Septe m ber 1988), Mexico (5 Septerther 1988),
Marocco (29 November 1988), Netherlands (12 August 1988), Philippines
(29 August and 20 Dece m ber 1988), Portugal (11 November 1988), Quatar
(31 August and 25 November 1988), Republic of Korea (22 August and
29 August 1988), Sauna (21 Septe m ber 1988), saudi Arabia (9 August 1988),
Singapore (1 september and 14 September 1988), Spain (21 November),
uganda (19 September 1988), United States of America (12 Septe m ber 1988).
B. Information transmitted to Governments
13. As in previous years, the Special Rapporteur received nur ' rous
allegations of the practice of torture front different sources. After
analysing them, letters with a sunmarized description of the allegations were
transmitted to 37 countries for clarification.
14. the letters and the replies received are sunmarized below.
Afghanistan
15. On 10 June 1988. a letter was addressed to the Government of Afghanistan
transmitting information alleging that torture continued to be systematically
practised in the Khad security police interrogation centres, military posts
and Pol—i-charkhi central prison in Kabul. I wo wcgnen were allegedly arrested
on the night of 29 July 1987 at a village near Jalalabad. They were taken to
the security police and were allegedly severely tortured. t.nother young woman
arrested in May 1987 by Soviet trocçs near Nani in Ghazni Province was
reportedly tortured at the local Soviet military headquarters and later at the
Khad Interrogation Centre in Ghazni. An 18—year—old student at Kabul
University arrested on 3. April 1987 died on 20 April 1987 . allegedly as a
result of torture inflicted during interrogation at the mad detention centre
at Shashdarak in Kabul.
E/c . 4/1989/15
page 5
Babrain
16. on 6 April 1988, a letter was addressed to the Government of Bahrain
transmitting information alleging that Mohanuned Abdollah Darwish had been
subjected to torture by a security guard while in detention. At present he is
reportedly detained in the Al—Manama prison together with Moharaimad Jawad Radhi
A].—Asheeri, Jassim Ahmed Jassim Al—Mubarak, All Abroad Jassim Mubarak, RadIii
Saleh Ibrahini, Bassan Aba—A u Rarmuad and Hassan Al—Asheeri, all, of whom were
allegedly subjected to torture while in detention.
17. In a letter dated 16 June 1988, the Government of Babrain informed the
Special Rapporteur that the following people had been sentenced to
imprisonment in 1986: Mohanmied Abdullah t)arwish for five years on 23 October,
Mohaimiad Jawad Radhi Al—Asheeri for three years on 23 October, Jassim Abmed
Jassim Al—Mubarak for three years on 21 June, Ali Ahined Jassim Mubarak for
15 years on 11 October and Radhi Saleh Ibrahim for five years on 20 Noveither.
According to prison laws in the State of Babrain, all convicted persons are to
be treated well and provided with medical care. Concerning Radhi Al—Asheeri,
the Special Rapporteur was informed that he was currently free and had not
been tortured or sentenced to a term of inprisonment. It was stated that
Rassan Abd—Ali was not currently held in prison and had not been arrested in
the past; his nane did not exist in the Ministry's files. (The Special
Rapporteur noted that there appeared to be a contradiction in the Government's
reply.)
Ben in
18. On 10 June 1988, a letter was addressed to the Government of Benin
transmitting information alleging that torture of political detainees had
become routine. Allegedly, people are arrested by the Permanent National
Corranission of Inquiry into the Security of the State and systertetically
subjected to torture at the various detention centres, cougnissariats and
police stations. Reirq Glele Akpokpo and Bouraina Malehossou were arrested on
24 December 1987. It was reported that, as a result of being tortured,
Rem ' Glele Akpokpo died on 18 January 1988. Bouraina Malehossou continues to
be held incormnunicado and is apparently in a serious condition as a result of
torture.
19. On 17 August 1988, another letter was addressed to the Government of
Benin, transmitting information alleging that Lt.—Col. Hilaire Badjougounne
the Behanzin, Captain Hountondji, Georges Kitihoun and
Lt.—col. François Konami were arrested in April 1988. They have allegedly
been subjected to torture ani ill—treatnent during interrogation. After being
held, in detention in a military camp in Cotonou, they were transferred to
Sero Kperea, a military canp in Paraleon.
Brazil
20. On 25 October 1988, a letter was addressed to the Government of Brazil
transmitting information alleging that 16 soldiers of the military police,
under the orders of a captain whose name was transmitted to the Government,
invaded the peasant connune of !ttirad, at Araguatins in the State of Goiàs.
They allegedly threatened and terrorized the peasants. The sane group of
soldiers invaded the “Centro dos Multatos” in Sao Sebastiao do lbcantins and
attacked several women. They also attacked two nuns, Madalena Hausser and
E/QL 4/1989/15
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Beatriz Kruch. Finally, Fathers Miguel and Jose Pedro of the Sao Sebastiao de
Tocantins parish were violently attacked by soldiers of the military police.
21. On 6 January 1989, the Special Rapporteur received a reply referring to
the allegations in his letter dated 25 Ostober 1988. The Brazilian Government
informed him that the said allegation was currently under careful and detailed
consideration by the co mpetent Brazilian authorities. The Brazilian Ministry
of Justice opened proceedings on 18 August 1988 in order to investigate the
facts and issued official demands for clarification to the Secretary of
Public Security of the State of Goiàs, to the Secretary—General of the
Brazilian Ministery of Agrarian Reform and Developnent and to the President of
the Brazilian Institute for Forestry eve1opment.
Burma
22. On 6 April 1988, a letter was addressed to the 3overnment of Burma
transmitting information alleging that Menh Tun Ya was arrested by soldiers of
the army in June 1987 in Thanbyuzayat. Re was subjected to torture during his
detention in the 31st battalion headquarters, north of Thanbyuzayat.
23. In a letter dated 26 August 1988, the Government of Burma informed the
Special Rapporteur that Menh Tun Ya was arrested by the 31st Infantry
Battalion on 25 Septerter 1986 on charges of collaboration with the illegal
Mon Pyithit Party and showing propaganda video tape of the said illegal
organization. He was duly charged under article 17 (1) of the Unlawful
Association Act. He was tried by the Thanbyuzayat Court (case No. 349/86)
and, being found guilty as charged, was sentenced to two years' hard labour On
10 December 1987.
China
24. On 31 March 1988, a letter was addressed to the Government of China
transmitting information alleging that torture was applied during
interrogation or as punishuent for breaches of discipline by prisoners.
Allegedly it occurred nostly during the first hours or days of “administrative
detention” by the police, by party officials or by neirbers of informal
security units. Various methods were said to be used; in some cases the
treatment reportedi resultedy in the death of the person. In that connection,
Gesh Lobsang Wangchuk died on 4 Noveirber 1987 in the prison of Lhasa (Tibet)
as a result of torture.
25. on 10 June 1988, a letter was addressed to the Governn'ent of China
transmitting information alleging that Ngawang Denren, Chösle Trugye,
Ngawang Chhunden, Wgawang Lengdon, Ngawang Norbu, Nyawang Tsang Chös, Lawa
Jampel Lungdo, Ngawang Tsunjbr, Jampel Ngoju, lobsang She Drup, Ngawang
Palichor had been arrested for participation in a deirc,nstration in Lhasa on
6 October 1987 and subjected to ill—treatment and torture by the police during
detention. In addition, 840 Tibetans were arrested in early March 1988 (anong
them: Buchung, tsadak, Dogha, Lobsang Naingyal, toyang, Pasang, Tencho, Ngawang
Jigme, Ngawang Tsephel, Ngawang Rindro, Khedrup, Lhundrup, Lungrok, Gyatak,
chokyi, Lhakdon, Tenzin, Karma, Lobsang Tenzin, ‘Thering Dhondup, sonam Wangdu,
Gyaltsen Chophel and Shudhen). The detainees were reportedly systematically
beaten by the police and given electric shocks. Furthermore, doused Tempa
Chopel was allegedly arrested in December 1987, detained in Sangyip prison and
subjected to torture.
E/a . 4/1989/15
page 7
26. Another letter to the Government of China was sent on 3 November 1988,
transmitting information alleging that Tsangp', Kelsarig Wangchuk and
Lhagpa 1 ering were arrested op 12 June 1988 by the Chinese security forces in
front of the thasa Dance and performance Hall. They were allegedly subjected
to torture, as a result of which Tsangpo died. The other two persons were
blinded and their spines broken- Cobsang Tenzin, Tsering Dhondup,
Sonata Wangdu, Phuntsog and Pemba Chung Chung were also reportedly subjected to
torture while in detention. Finally, Lodro and Phurbu Tsering were allegedly
kept standing for 14 days whilst being interrogated. For two more days and
nights, they were reportedly left hanging in the air and were interrogated.
27. The Government of China transmitted a reply by letter on 12 July 1988,
stating that in China torture was strictly forbidden by law. In that
connection the Government informed the Special Rapporteur that Gesh Warigchuk
had been given a 10—year prison term for participating in
counter—revolutionary armed rebellion in 1960- In May 1982, he had again been
sentenced to three years and six ironths inprisonment for carrying out
counter—revolutionary propaganda and subversive activities. On
3 Nove,rdDer 1987, he had died of liver Carter in the Hospital of the Tibetan
Autoncinous Region, at the age of 72. During his illness Gesh Wangchuk had
received due medical treatn nt. Therefore, the cases transmitted by the
Special Rapporteur were in the Government's view completely unfounded.
28. on 21 July 1988, the Government reported that the riots in Lhasa in
cttober 1967 and March 1988 were serious r,litica1 events deliberately planned
and organized by a few separatists at home in collusion with those abroad.
!Eb punish them according to the law was only a normal act within the judicial
co ç 'etence of China. At the sa lle time, their lawful rights and interests were
protected by the Chinese judicial organs in accordance with the law; they
were given humanitarian treatnent and there had been no maltreatment or
torture. Approximately 200 persons had been arrested in early March 1988, and
not 840 as mentioned in the letter. Most of those who had committed minor
offences and expressed willingness to repent had already been released.
29. The Government of China transmitted, on 30 November 1988, a reply to the
Special Rapporteur's letter of 3 November 1988 stating that, as indicated in
the previous reply. 200 persons had been arrested during riots in Lhasa,
Tibet, since September 1988. The rioters have been said to have caused great
damage to the life and property of the people and gravely disrupted social
order and public security. The great majority were released soon afterwards,
only 22 of those who had coinnitted the nost serious crimes were still being
held. Careful investigations had been undertaken in regard to the
accusations. It was verified that all those detained had been treated
strictly in accordance with the law, and no cases of torture and ill—treatment
had been found.
Colombia
30. On 10 June 1988, a letter was addressed to the Government of O lombia
transmitting information alleging that Juan Bautista Berdugo Sandoval was
arrested by the members of the Batallán Caldos of the armed forces on
3 7 priX 19W? In vereäa titala, commine ot San Vicente öe Chucuri, Department
of Santander. During his detention he was allegedly subjected to torture.
E/tY. 4/1989/15
page 8
Czectoslovaki a
31. On 6 April 1988, a letter was addressed to the Government of
Czechoslovakia transmitting information alleging that Pavel Wonta was arrested
on 26 rty 1986. since 6 Nove m ber 1987, he was reported to have been detained
in the prison of Pilze—Plazen—Bory, where he was severely beaten and kept in
solitary confinement.
32. In a letter dated 23 August 1988, the Government of Czedioslovakia
informed the special Rapporteur that during his detention (13 August 1987 to
26 February 1988) no violence was used against Pavel Wonka and that he was not
subjected to any degrading treatment. The representatives of the independent
Helsinki Watch Group stated in their report that they had not found any
physical evidence of violence or mistreatment.
El Salvador
33. On 6 April 1988, a letter was addressed to the Government of El Salvador
transmitting information alleging that Gerardo Hernández Torres had been
subjected to torture on 16 Dece m ber 1.987, as a result of which he had died.
Furthermore, it was alleged that Jos4 Guadalupe Dominguez and Vladimir Gusmán
Rosales had been arrested on 11 Dece m ber 1988 and subjected to torture, first
in the barracks of the 1st Infantry Brigade in San Salvador and later in the
national police headquarters.
34. On 10 June 1988, a letter was addressed to the Government of
El Salvador transmitting information alleging that Celestino Gómez Granados
was detained on 4 April 1988 by members of the 4th Military Detachment of
San Francisco de Gotera. He was allegedly beaten, tortured and then handed
over to the national police. His whereabouts are still unknowi. In addition
A braham Cha vez and jos6 lesforo nzêlez were reported to have been
transferred to the barracks of San Francisco de Gotera where they were
subjected to torture. Mr. CMvez was then transferred to the penal centre in
Morazar and Mr. Gonzalez was released. Furthermore, Cruz Rivera and
F elix Rivera were allegedly detained by the army on 26 February 1987,
subjected to torture and later found dead.
35. On 17 August 1988, another letter was addressed to the Government of
El Salvador transmitting information alleging that Mijail Machuca,
Rigoberto Ventura, Nicolas vásquez and Godofredo Garcia were arrested on
24 May 1988 by the 3rd Brigade of the army. They were reportedly beaten and
prevented from eating for three days. On 27 May 1988, the four of them were
transferred to the police hea uarters in San Miguel, where they were
allegedly again subjected to torture. Mr. GarcIa, however, was released on
1 June 1988 and the other three on 2 June 1988.
France
36. On 28 July 1988, a letter was addressed to the Government of France
transmitting information alleging that S. J. Kalibi and A. !tnachipour, both
of Iranian nationality and resident in France, were arrested on
20 Septe m ber 1986 and subsequently sentenced to four years ' imprisonment for
forming a criminal association. They were allegedly subjected to various
forms of ill—treatnent during the four days that they were held
incoumunicado. Wth had reportedly been subjected to beatings, threats,
E/a . 4/1989/15
page 9
prolonged periods of standing and — at least in one case — of enclosure of the
bead in a plastic bag. Finally they had lodged a couplaint with the Public
Prosecutor. The Special Rapporteur requested information on the outcome of
the investigation.
37. By a letter dated 4 January 1989 . the Governuent of France submitted a
note prepared by the Services de la Direction de la surveillance du territoire
containing the facts of the case and the observations of the Government on the
coxriaunication transmitted by the Special Rapporteur. It was stated,
inter alia , that M. S. Kalibi and Miss A. }bnachipour “... were each examined
twice by doctors, Hôtel—JDieu interns who found no traces of injury on them.
Furthermore, when they appeared before the examining magistrate, neither of
the two complainants reported any police brutality against them. In view of
these clarifications and in the absence of any evidence to the contrary, the
Prosecutor took the decision to close the proceedings permanently'.
Greece
38. On 28 July 1988, a letter was addressed to the Government of Greece
transmitting information alleging that Vangelis Katsikoyannis was arrested on
12 tober 1987 on a charge of having conmiitted drug of fences. After being
taken to Hersonisos Police Station (near Heraklion), he was allegedly beaten
with whips and clubs, hung upside-down and subjected to the falanga (beating
on the soles of the feet) by five policenen. The medical judge of Heraklion,
Mr. Ptirangoulis. testified to the existence of many injuries all over the
body, the hands and the feet, said to have been caused by blunt instruments.
tui inquiry was initiated by the Deputy Prosecutor. The Special Rapporteur
requested information on the outcoue of the investigation.
Grenada
39. On 10 June 1988, a letter was addressed to the Government of Grenada
transmitting information alleging that 14 persons were detained in connection
with the death of the former Prime Minister, Mr. Maurice Bishop, on
6 ck,tober 1983. In particular, Phyllis coard reportedly continued to be
subjected to inhuman and degrading treatment while inprisoned in Richmond Hill
prison in Grenada. Prisoners allegedly continued to be denied proper medical
attention, kept in their cells for more than 24 hours at a time and their diet
remained inadequate. Reportedly Mrs. Coard was being held under constant
psychological pressure, was frequently put on “bread and water” and was
deprived of visits and letters.
Guatemala
40. On 6 April 1988, a letter was addressed to the Government of Guatemala
transmitting information alleging that Aria Elizabeth Paniagua Morales was
found dead on 11 February 1988 on the road between Guatemala City and the
Department of Palencia. It was alleged that her body showed signs of torture,
gun shot wounds and injuries caused by a knife. In addition,
Jos é Alberta Grijalba Estévez was reportedly abducted on 16 February 1988 and
was found dead the following day in the Department of Santa Rosa; his body
bore signs of torture. Furthermore, Barbara RamIrez and
Dalores Pospoj Ajcabal were found dead on 27 December 1987 on the road between
Santiago Atitl4n and Tzanchichan. It was alleged that their bodies also bore
signs of torture. Finally, Josh Mecia RamIrez and his brother Antonio were
reportedly kidnapped on 23 January 1988 in Tzanchichan, Santiago Atitlán,
B/a l. 4/1989/15
page 10
Departntnt of Solola and subjected to torture. Diego Sicay Puluc and
Gaspar Yataz Pablo were kidnapped on 24 January 1988 and it was alleged that
they had been subjected to torture. On 28 January 1988, they were found dead
on the road between Santiago AtilThn and San Lucas ‘Ibliman; according to
reports their bodies bore signs of torture.
41. On 17 June 1988, another letter was addressed to the Government of
Guatemala, transmitting information alleging that Gaspar t4endoza y Mendoza and
Gaspar Mendoza Mendoza were arrested on 12 May 1988 by the local chief of the
military base. They were subjected to ill—treatment during interrogation
until they were released on 17 May 1988. Furthermore, merthers of the armed
forces gathered the inhabitants in Buehuetenango of the village of
Aguacatán, Huehuetenango, and threatened them with “serious consequences” if
they did not agree to cooperate with vigilence activities.
42. In a letter dated 4 August 1988, the Government of Guatemala rejected the
allegation referred to in the previous paragraph, stating that
Gaspar Mendoza y Mendoza and Gaspar Mendoza Mendoza had never disappeared or
been arbitrarily detained either by military forces or by any other authority
Or person.
43. In a letter dated 2 December 1988, the Government of Guatemala
transmitted information to the Special Rapporteur stating that the
Direccián General de Relaciones Internacionales Bilaterales (General
Directorate of bilateral international relations) did not have on file any
documentation, or specific complaints lodged against those allegedly
responsible for the cases transmitted by the Special Rapporteur on
6 April 1988. It was also stated that the vernment would continue its
efforts to solve those cases and it reaffirmed its invitation to the Special
Rapporteur to visit Guatemala.
Haiti
44. on 6 April 1988, a letter was addressed to the Government of Haiti
transmitting information alleging that several hundreds prisoners had died of
malnutrition and torture in the past six months due to the inhuman prison
conditions at the Service des recherches criminelies (criminal investigation
service) in Port—au—Prince. Eddy Moise, Sénègue Jean—Louis and Kadar D4r4sil
were reportedly arrested on 7 February 1988 in Gonaives and detained in the
Casernes Dessalines in Port—au—Prince. They were reportedly severely tortured
by the police. In addition . Roland Nelson was said to have been arrested in
Port—au—Prince on 8 January 1988 and released one week later, having been
badly beaten while in detention. Edner rsainville was allegedly arrested by
armed men, believed to be members of the security forces, near the church of
St. Gerard in Port—au—Prince on 31 January 1988. He was taken to the Casernes
Dessalines, where he was subjected to torture during his detention.
45. Mother letter was sent to the Government of Haiti on 28 July 1989
transmitting information alleging that sane leaders ana members of Tet—Ansanm,
a peasant organization, had been systematically persecuted by armed police in
Jean Rabel in the north—western region of Haiti. In that connection
Solivert Belizaire Toussaint was reportedly arrested on 25 April 1988 by a
policeman and tortured by another during interrogation, both names have been
transmitted to the Government.
E/a .4/l989/l5
page 11
46. Furthermore, on 11 August 1988, a letter was sent'to the Government of
Haiti transmitting information alleging that two irenthers of the political
party of the ex—President, Mr. Leslie Manigat, (Ren4 Tnuis and
Etienne Philoctete) were at rested on 21 aM 23 June 1988, In connection with
the military coup d'etat of June 1988. and subjected to torture.
47. Finally, the Special Rapforteur transmitted a letter on 7 Noveirber 1988
with information alleging that Mrs. Cirius Casseus, Mrs. Pierre, and
Messrs. Mallet, Pondy and Clentnt were arrested by the local army On
11 October 1988 in Matheux, L'Arcahaie, brought to the L'Arcahaie military
detachment and subjected to torture.
48. By a letter dated 19 April 1988 the Government of Haiti informed the
Special Rapporteur that the allegations transaitted on 6 April 1988 were
unfounded. In that connection, it pointed out that the
Service de recherche criminelle was not, as indicated, a prison. but a body in
charge of the investigation of coinnon crimes connected with the work of the
police services.
49. On 12 Septeu ,er 1988, the Government of Haiti sutmiitted information
stating that no meiter of the political party of ex—president Manigat had
recently been in detention. A copy of the Special Rapporteur's letter dated
11 August 1988 was sutinitted to the Minister for Foreign Affairs.
Honduras
50. On 6 April 1988, a letter was addressed to the Government of Honduras
transmitting information alleging that Santos Narciso Sárchez, Concepcidn
Osorio Orellana, Pascual Valle t 1ara and Juan José Serrano Guillén had been
detained on 3 and 5 October 1987 at the Departuent of Yoro, where they had
been subjected to torture. In addition, Margarita Murillo was reportedly
arrested by heavily armed men in civilian clothes on 6 October 1987 in
Santa Ana de Aguan, Department of yoro. She was allegedly subjected to
torture and raped during her detention.
51. On 17 June 1988, another letter was addressed to the Government of
Honduras transmitting information alleging that Amauri Alejardro Aguilar
Contreras, C 4 sar Mtonio Alvarez calderón, H6ctor Aquiles Aguilar contreras,
Jaine Frartisco Atdnez Lobo, Julio blaao Arnador Carranza, Vicente anar
Servellán Silva, Ruben Rivera Castillo, David Elias Fernández,
Arnulfo Pacheco Arias, Sales Mendoza Avila, Martin Pineda and Nelson Antonio
Gonzalez were arrested during incidents at the United States Eirtassy on
7 April 1987 and later accused of terrorism. They were reportedly subjected
to ill —treatment and torture during their detention at the Departamento
Nacional de Investigaciones (National Department of Investigation), under the
responsibility of an officer whose name was trans itted to the Goveritnent.
They *re currently being held in the detention centre at Tegucigalpa.
52. In a letter dated 2 Deceirber 1988, the Government of Honduras informed
the Special Rapporteur that it had taken note of the allegations transmitted
from 1985 to 1988 by the Special Rapporteur and stated that the information
had been submitted to the Interinstitutional Conmiission for Human Rights, for
investigation and that the Conitission would issue a report upon conclusion of
E/cN. 4/1989/15
page 12
its investigations. Therefore the Government of Honduras requested the
Special Rapporteur to defer his study of the coninunications regarding Honduras
until the above—mentioned Conaission had pronounced itself and forwarded its
conclusions to him.
India
53. On 6 April 1988, a letter was addressed to the Government of India
transmitting information alleging that Seikh Jamal was arrested on
30 July 1987 by the Government Railway Police in West Bengal. On
31 July 1937, he reportedly died as a result of torture his body was found
inside the Satragachi police station in Haora (West Bengal). Ajay Kurnan
allegedly died on 13 August 1987 as a result of the beatings he had received
at Danapur police station (Bihar). In addition, A. Rasheed was reportedly
arrested on 14 August 1987 by police officers of the High Grounds police
station in Bangalore, Karnataka. During his detention he was allegedly
subjected to torture. On 18 August 1987, he was found dead by the
Railway Police in Salim, Tamil Nadu; his body reportedly showed signs of
torture. Furthermore, R.H. Mahil was allegedly detained on 23 August 1987 at
the Welco me police station, New Dehli. According to the allegations, he died
on 24 August 1987 after his release; his body bore si s of torture.
Finally, it was reported that Mahinder and Rain Kumar were beaten with sticks
and hung upside—down on 24 August 1987 at the Viveck Vihar police station,
New Delhi. They were brought to the hospital, where Mahinder died on
25 August 1987 at 2 p.m. , due to serious kidney damage, and Ram Kumar received
treatment for fractured limbs.
54. on lo June 1988, another letter was addressed to the Government of India
transmitting information alleging that seven tribal leaders of Dungarpur
District in southern Rajasthan (Rain Prasad Dindod, Lal Shankar, Ha lji ,
Sardara, Lalcshmari, Sardara and Ghattur) were arrested by the police on
14 August 1987, during a deuonstration in Dungarpur District, southern
Rajasthan, and were taken to the police station. ¶No days after their arrest,
they were reportedly severely beaten and subjected to torture by the police
officers of Sagbara Thana Shambola Thana and by the Dungarpur Police. In
accordance with the information collected during judicial inquiries, it was
reported that all named detainees were transferred in small groups for short
periods of time to Hadha Kothi in the District of Sangrur, where they were
subjected to severe torture during interrogation. Furthermore,
Mr. Balkan Sing was arrested on 2 November 1987 and allegedly subjected to
torture by the police at the Ma Madu central reserve police.
I nd ones i a
55. On 10 June 1988. a letter was addressed to the Government of Indonesia
transmitting information alleging that in East Tumor torture of prisoners
appeared conmbon and widespread. Mrs. Indrawati was allegedly arrested on
26 October 1987 in Sleroan, Yogyakarta, Central Java. As a result of severe
beatings, she was found half conscious in her cell days later and placed in
hospital for treatment for 10 days. Furthermore, a young boy, Binsar, was
arrested and allegedly severely tortured by eight prison employees during
interrogation in room 5 in the Tanjung Costa prison on 21 September 1987. He
was reportedly no longer able to stand or walk and had difficulty in speaking.
E/C21.4/1989/l S
page 13
56. On 19 October 1988, another letter was addressed to the Government of
Indonesia transmitting information alleging that on 25 April 1988 several
hundred I'tluccans had been arrested by the military lice in the MDluccas.
Finally, it was reported that Pieter Nasarany was detained on 13 July 1988 in
Piru, a village in west Seram Island. He was allegedly held inconraunicado and
subjected to torture.
57. On 22 July 1988, the Government of Indonesia informed the Special
Rapporteur that Mrs. Indrawati had been arrested by the police on charges of
arson in Q tober 1987. During her detention she had fallen ill and been
aa itted to the Sleman public Hospital. According to her medical examination
there was no sign of violence on her body. She was no longer detained as
evidence to be forwarded to the court by the District Attorney was lacking.
Furthermore, the Government suttoitted information concerning Binsar, rejecting
the allegation that his paralysis was a result of beatings by prison officers
and stating that it was a result of high fever and feebleness of the legs. Be
had been released on 28 c*tober 1987, but was still under the supervision of
the Child Supervisory aa Guidarre Agency. His health had been restored and
he had regained his ability to walk and speak without difficulty.
58. By a letter dated 30 November 1988, the Government of Indonesia rejected
the accusation that several hundred t.tluccans had been detained for the last
four months in Molucca. It stated that, after a thorough investigation
conducted by the authorities, the accusations were found to be factually
untrue. Referring to the case of Pieter Nasarany . the Government informed the
Special Rapporteur that he had been arrested on 13 July 1988, but had not been
held incorirnunicado, nor subjected to torture.
Islamic Repiblic of Iran
59. On 25 October 1988, a letter was addressed to the Government of the
Islamic Reçtiblic of Iran transuitting information alleging that torture was
systeiriatically used in that country. According to reports, children as young
as six years old and w.xlen who had just given birth were subjected to
torture. Complaints were also transmitted regarding poor prison conditions
(narrow, damp, dark and overcrowded cells, insufficient food and non-existent
sanitary conditions). In addition, three cases of alleged torture while in
detention (Maryam Abdelahj, Maghrebi and Rashidi) were transmitted to the
Government.
Israel
60. On 3 October 1988, a letter was addressed to the Government of Israel
transmitting information alleging that the practice of torture on detainees,
in particular minors, had becane a routine in the occupied territories.
Children and youths were subjected to beatings, sometimes until they lost
consciousness in Ansar II, Al—Far'a Prison . Gaza Central Prison and Ramallah
prison. Many children were reportedly tortured to extract confessions.
Torture was allegedly also carried out by the Israeli Defence Forces.
61. The Government of Israel transmitted a reply to the letter of 3 October
on 24 Nc'veiriber 1988, reç.adiating the allegation that a policy of torture and
ill—treatment was practised in the administered territories. It stated that
Israel had been confronted with continual outbreaks of violence and that it
was Israels responsibility, recognized by international law, to protect its
E/CN. 4/1989/15
page 14
population and the ropulation of the territories against such violence, which
involved the use of force. The Israeli authorities had taken all the
necessary steps to ensure that the use of force was limited and proportionate
to the situation. Where cases of excessive force had occurred, they had been
investigated and, where necessary, those accused of such offences had been
tried and, if found guilty, punished. B ever, such cases were not to be
considered a general tendency, as had been alleged.
Kenya
62. On 6 April 1988, a letter was addressed to the Goverrlaent of Kenya
transmitting information alleging that Peter Raranja was arrested on
6 February 1987 in Nakuru by the plice, but was not charged with a crime.
Mr. Karanja allegedly died on 28 January 1987 in the Kenyatta Hospital at
Nairobi as a result of torture.
Mexico
63. On 25 O,tober 1988, a letter was addressed to the Governnent of Mexico
transmitting information alleging that, according to information received on
14, 15 and 16 February 1988, soldiers from the 6th Artillery Regiment with
headquarters in t4atias Romero were patrolling the area of Aserradero Viejo and
Estanci6n Malatengo de los Egidos de Piedra Blanca and El Zorzal, in the
municipality of San Juan Guichicovi. It was alleged that during that military
exercise soldiers mistreated the local popilation. Within that context, the
case of Gregorio CastaMn Lépez, 31 years old and living in Mogo ? e Viejo .
Municipio de San Juan Guichicovi, was brought to the attention of the Special
Rapp rteur. According to information he was detained on 16 February 1988 by a
soldier, whose name was transmitted to the Governftent. It was alleged that
Mr. thpez was severely beaten and his head was sutzo.erged in water. Medical
certificates issued by the Instituto Regional de Seguridad de Servicios
Sociales de Tehuantepec (Tehuantepec Regional Safety and Social Services
Institute) certified that, at his medical examination, Mr. Castafi6n Lápez
showed visible injuries on the nedc, arms and legs as a result of torture.
Morocco
64. on 28 April 1988. a letter was addressed to the Government of Morocco
tran nitting information alleging that Dahbi Machrouhi and Najib Haffidani,
sentenced to 10 aM 6 years' inprisonirent, respectively, were the victine of
an assault on 29 January 1988. On 1 April 1988, the Ministry of Justice
issued a statement regarding the circunetances of the incident and stating
that the two prisoners had sent for the Deputy Prison Director on
29 January 1988 and made a nuriter of requests concerning prison conditions,
for example with regard to insufficient medical treatment and restrictions on
their tight to receive visits, which he could not fulfil as they were said to
be in violation of prison administration regulations. It was further stated
that the two prisoners together with five others had insulted and attacked the
Deputy Prison Director. As a consequence, they were ill—treated by the prison
guards aid put in isolation cells for several days. In protest they began a
hunger—strike, Handani on 8 February and Macbrouhi on 11 February 1988. It
was said that the prison doctor had not seen then since the beatings aid
throughout the time they had remained in prison. Subsequently they were
brought to Ibn Rachid Hospital in Casablarca and on 8 April 1988 they were
returned to prison.
E/Q . 4/1989/15
page 15
65. on 7 November 1988. another letter was addressed to the Government of
Morocco, transmitting information alleging that Abmed Chaib and Ahmed Chahid,
had been held inconraunicado since March 1988 in the taalou Prison in Rabat.
During that period they had allegedly been subjected to torture and
ill—treatment.
Pana m a
66. On 6 April 1988, a letter was addressed to the Goverrsuent of Panama
transmitting information alleging that William ?bng was arrested on
7 tober 1987 and had been subjected to severe torture during his detention
at !.tdelo Prison. One of his kidneys had to be rentved as a result of the
beatings he received.
67. On 10 June 1988 . another letter was addressed to the Government of
Panama transmitting information alleging that 54 persons were arrested on
10 July 1987 during degonstrations in Panane City, ait later transferred to
bdelo Prison. They were reportedly subjected to beatings, ill—treatment and
torture. Furthermore, t2eránino Fischer was allegedly tortured while in the
custody of the Atlantic Coast division of army intelligence (5—2) in
August 1987. Finally, Bartolo Cisneros was reported to have been badly
beaten and tortured in the same prison in otober 1987.
68. Or, 21 l verther 1988, a letter was addressed to the Government of Panarue,
transmitting information alleging that Carlos Alfaro was detained on
22 Septeiter 1988 and taken to the G—2 premises (State Security), where he
was subjected to torture and other degrading treatment. It was reported that
Mr. Alfaro was beaten on several parts of his body by a person who received
his orders from a military officer. In addition, it was alleged that the
victim was threatened with electric slx ,cks and placed naked in a room where
he could hear the screaming of Other detainees allegedly being subjected to
torture.
Paraguay
69. On 28 July 1988, a letter was addressed to the Government of Paraguay
transmitting information alleging that N rma Garcete de Pintos was arrested in
August 1987 by plice personnel. She was dragged from her bed and beaten by
the 1ice before being taken to the police station in Faicarnación. As a
result of the ill—treatment she miscarried. In addition, Augusto Manges
was allegedly beaten by soldiers in the Coronel Oviedo police station on
13 November 1987. Furthermore, Remigio Giménez Gamarra was arrested on
19 Decewber 1978 and detained until 1987 in the Brazilian border town of
Pbz do Iguaçu by Brazilian pflice and subsequently handed over to the
Paraguayan police. Re was allegedly tortured during the first 16 n,Dnths
of his detention.
Peru
70. On 17 August and 25 tober 1988, letters were addressed to the
Government of Peru transmitting information alleging that Sonia Mufloz de
Yangal was arrested on 18 May 1988 by a group of soldiers and accused of
having contacts or connections with the Sendero Luminoso guerrilla group. In
addition it was alleged that her two Sons were beaten by soldiers. Mrs. Muftoz
E/cN. 4/1989/15
page 16
was taken to the military detachment in Churcanpa aid was then transferred to
castro Pampa in Huanta, Department of Ayacucho, where she was reportedly
subjected to torture and shot at with intent to kill.
71. In a letter dated 11 November 1988, the Go,zertinent informed the Special
Rapporteur of the actions undertaken by the Provincial Attorney in Huanta,
Ayacucho, Mr. Cupertino F. Cuevas—Flores, bY the Government Attorney and
Peoples Mvocate, Mr. Hugo Denegri Cornejo arid by the Minister of the
Interior, Admiral (Retd.) Juan E. Soria Diaz. It Should be noted that the
Minister of the Interior, in a letter dated 23 Septeriter 1988, stated that
Mrs. Mufloz had not been detained by the police forces and, in view of the
alleged involveitent of military personnel and since the reported incident
had taken place in an area under the state of lIergency, a request for
investigation had been sent to the Ministry of Defence.
Philippines
72. On 6 April 1988, a letter was addressed to the GDvernment of the
Philippines transmitting information alleging that Iblando Matos was arrested
on 12 October 1987 at 1 p.m. by merters of the integrated national police in
Hacienda Star, Sitio Kinalumsan, in Negros Q cidenta1. He was brought to
the 334th Philippine Constabulary headquarters in Tan—aw, Sagay, where he was
reportedly severely tortured by members of the Philippine constabulary Forward
Coninand. Rosalinda Albio was arrested on 12 April 1987 by ALSA MP SA members,
in Barangay Burecan, Lapaz, Leyte. She was brought to a camp in La Paz. where
she was allegedly tortured by two men, whose nanEs were transmitted to the
Government. The same day she was released by the police. Furthermore,
Andrés Gabián was reportedly severely beaten by a Lieutenant (his nane was
trangnittetj to the Government) on 30 June 1987 in Barangay Kiling, MacArthur,
teyte. He had to be treated at Leyte provincial hospital for injuries caused
by the torture he had received. mother case was that of Fidel A. Alpez who
was allegedly arrested on 2 Septerter 1987 in Borongan, Saiinr, by members of
the 34th Infantry Battalion of the Philippine army and Civilian hczte defence
force. He was brought to the army headquarters of the 34th Infantry Battalion
in Army Hills, Alang—Alang, Borongan, where he was tortured for eight days.
He was released on 10 Septenter 1987. Finally, lmdrés Rio a p i Manuel Dotollo
were allegedly attacked, tortured and killed on 30 January 1988, at 2 p.m. • by
soldiers of the 43rd Infantry Battalion, Bravo ecarpany, outside the hone of
Manuel Dotollo in ninacugo, Leyte.
73. On 10 June 1988. another letter was addressed to the Government of the
Philippines transmitting information alleging that Reynaldo Francisco and
Hilario Bustaimnte were abducted on 19 March 1988 by unidentified armed men
on Taft Avenue in Manila. Three days later they were found in Dagat—Dagatan.
Navotas, with signs of severe torture. Mr. Sustanante was transferred to
jos4 Reyes Memorial Centre for treatment and Mr. Francisco died. In
addition, Rodiger de los Santos was reportedly abducted by unknown men in
February 1988. A month later he was found in Antiopolo, Rizal, with multiple
gunslDt wounds in the neck aid torture narks, aid placed in an intensive care
unit.
74. Finally, on 1 December 1988. a letter was addressed to the (k,vernnient of
the Philippines transmitting information alleging that Rogelio Jaime vaflor
and Felipe Gantalao, residents of San Antonio, nunicipality of Thkuran in
Zan oanga del Sur, were arrested by the “Scout Rangers” of the Philippines
E/a .4/l989/ 15
page 17
arlw, with the ca plicity of a hooded civilian on 16 September 1988. It was
alleged that during the day they were brought with their hands tied to an
isolated area, where they were interrogated, subjected to severe torture and
sunloar ily executed.
75. The Government of the Philippines transmitted a letter on 6 June 1988
stating that the Connission on Htuuan Rights Regional Office in Thcloban City
had set up an investigation team, but so far nobody had been found who had
actually witnessed the killings. Regarding the cases of Rolando Matos,
Rosalinda flbio, M ares Gabi6n and Fidel A. Alpez, the Government suggested
that the relatives should write directly to the National Coginission on Human
Rights, however, the Conifflission had had no record of any coriplaint. The
Government stated that it would also initiate an investigation of these cases.
76. Together with a letter of 29 Septenber 1988, the Government of the
Philippines sutinitted a report on the status of the investigations of the case
of Reynaldo Frarcisco a,t Hilario Bustamante by the Philippines Coirinission on
Human Rights. It was stated that the case required further investigation,
since Bustamante had not yet fully recovered and as a result had not been able
to identify any of his abductors. Concerning the case of Podiger de los
Santos, the Conunission on Human Rights team was still continuing its
investigation and hoped eventually to cane up with a protection progranlue for
the withess so that his ab uctors might be brought to court. As for the Case
of Andrés Rio and Manuel D tollo, the Connission considered that if it found
that the evidence was sufficient to establish a priun facie case, it would
file the appropriate criminal charges against the respondents.
77. On 20 Dece m ber 1988, the Government of the Philippines transmitted a
letter stating that the outcane of an investigation of a police blotter at the
police station of La Paz, Leyte, and the information gathered by the special
investigator, the regional officer of the Conflission on Human Rights
(region VIII), had provided no plausible basis to warrant further
investigation of alleged torture and, in the absence of Rosalinda AJ.bio,
the case had been considered closed.
Republic of Korea
78. On 6 April and 8 July 1988, letters were addressed to the Goverr nent of
the Republic of Korea transmitting information alleging that a group of
12 people (Park Chung—ryal, Lee Mm—young, tbo Jong—won, n.m Mm—song,
Lee Ui—hyop, cho Jung—sik, Park Si—jong, Kim Jin—ho, Chon Won—ha,
I e Pyong—ju, Kim Hyon—kwon and Kim Ku—hyon) was arrested between 23 October
and 4 November 1986. They were allegedly tortured by the Inti—Coununist
Bureau of the national police of Kyonggi Province in police stations in Inchon.
79. On 30 Nove m ber 1988, another letter was addressed to the Government of
the Reçtiblic of Korea transmitting information alleging that Choi Eung—sok was
arrested in early August 1987, because he had placed a wall poster in his
barracks' lavatories conderining disciplinary beatings of conscripts by
officers and calling on fellow soldiers to join in a collective protest.
Furthermore, it was alleged that he was arrested and interrogated by the
military security police attached to his unit. Reportedly, during his
interrogation he was beaten with his hands and feet tied and his mouth filled
with small stones he was also placed in a steel drum filled with water,
which was then beaten. He was tried in late 1987 by a military court and
sentenced to five years an] six rionths' iliprisonroent.
E/CN. 4/1989/15
page 18
80. on 13 september and 11 october 1988, the Government of the Republic of
Korea informed the Special Rapporteur by letters that Park Chung—ryal and
Lee Nm—young had been arrested and detained on 23 November 1986 as they were
found guilty of violation of the National Security Law prohibiting anti—State
organizations. In the case of Park Chung—ryal and Cho Jung—shik, it would be
objectively established during the trial whether they had been tortured during
the investigation. Furthermore, Lee Ui—hycp. Park Si—jong, Kim 3m—woo and
Woo Jong—won had been released on parole on 3 Cntober 1988.
81. On 21 December 1988, the Government of the Republic of Korea informed the
Special Rapporteur by a letter that, on the sa'e date, the Government had
granted a sweeping annesty and restoration of civil rights for 2,015 people,
including all plitically motivated detainees. As a result of the amnesty,
Choi Eung—sok and the last two remaining detainees in connection with
Park thung—ryal and Lee Mm—young, were released on 21 December 1988.
Sao tbme and Principe
82. On 10 June 1988, a letter was addressed to the Government of Sao Tome
and Principe transmitting information alleging that Manuel Aifonso Rosario
dos Santos and a nuBter of government opponents were arrested by Security
services on 8 March 1988 near the capital. The detainees are ill—treated and
held incoimuunicado without access to the family or legal counsel.
83. On 25 July 1988, the Special Rapporteur had talks with Mr. Carlos Graca,
Foreign Minister of Sao Pane and Principe, on the subject of his letter of
10 June 1988. The Foreign Minister told him that the Bishop of Sao mine
and Principe had visited the detainees and had reported that they were
well—treated and their relatives could visit them regularly. The trial of
41 prisoners was under preparation and would be piblic.
Saudi Arabia
84. On 3 tober 1988, a letter was addressed to the Goverrgnent of
Saudi Arabia transmitting information alleging that Neil Fdwin B. Tubo was
detained in section 4, Ruways Central Prison in Jiddah, where he was serving
a sentence and was subjected to flogging every Friday.
85. In a letter dated 12 atober 1988, the Government of Saudi Arabia
rejected the allegation, stating that the Special Rapporteur's interpretation
of the international law vis— —vis the sovereignty of a State Member of the
United Nations and its judiciary system was entirely unacceptable and, hence,
rejected.
Singapore
86. On 10 June 1988, a letter was addressed to the Government of Singapore
transmitting information alleging that Patric Seong, Tang Lay Lee,
Kenneth Tsang, Chng Suan fle, Yap Ron Ngian, wDng Souk Yee, Kevin de Souza
and Tang Fong Har were arrested on 19 April 1988 by the International Security
Department in Singapore. During detention, they were allegedly subjected to
ill—treatnent and torture (harsh and intensive interrogation, deprivation of
sleep for up to 70 hours, forced standing during interrogation for Over
20 hours in freezing roons).
E/Gl.4/1989/15
page 19
87. in a letter dated 1 September 1988, the Government of Singapore stated
that, under the criminal law provisions on the rights of detainees, a detainee
could file a police complaint, produce his evidence in court and seek redress
in Singapore. !.bre er, the Special Rapporteur should be informed that the
persons concerned had not been subjected to torture, since they had not even
been touched during their interrogation.
Somalia
88. On 31 August 1988, a letter was addressed to the Goverrm ent of Somalia
transmitting a list of nafles of people who had reportedly been arrested since
June 1988 and allegedly subjected to torture: All Adbi llahi, Ismail Ilashi
Madar, .bhanoud Hashi Madar, Ithiib Mirreb, Haji Jama Mohaired Miyateen, Faiza
Ahmed Mohamed, Ahdi All Obsiye, Abdi Jama Sed, Baji Nut Yassir, Mohamed Haji
Abdi, t.bharied Abdillahi, Ithaned Jana Jden, M haned Isanil Male,
Hussein “Dheere”. A i Mohamed Horre, Mohamed Ibrahim. Sulub Ibrahim, Ibssein
Hassan Jama, Isiriail Jan e Mohaned, bbhanoud Saeed Mohaned, bbharred Guleid
Olujog, Aimed Robleh, Abdi Mohaned Rodol, Mined Hussein Shakur, Dahir Mohamed
Warsane, Amina Nub Yusuf.
Sp ain
89. On 28 July 1988, a letter was addressed to the Government of Spain
transmitting information alleging that Rom4n Landero Martin was arrested on
3 Q tober 1987 after being expelled from France. Subsequently he was taken
by the Ojardia Civil to their headquarters at Intxaurrondo (San SebastiAn),
where he was reportedly hooded, beaten, kicked, given electric shocks and
threatened. He was then transferred to La Salle (Bilbao) where he was again
subjected to torture. After three days he was released without charge.
90. The Government of Spain informed the Special Rapprteur, by a letter
dated 1]. November 1988, that Mr. Rcrngn tandero Martin received correct
treatimnt during detention and that all enacted law provisions on the right of
detainees had been observed. The medical certificates signed by the doctors
at the tine of discharge from the Qiardia Civil headuarters proved the
absence of any form of maltreatment. Finally, it was important to note that
the person in question had not filed a conplaint citing torture either to the
police or to the judicial authorities. A full report on the case was
transmitted to the Special Rapporteur.
Sri Lanka
91. On 14 November 1988. a letter was sent to the Government of Sri Lanka
transmitting information alleging that at least 250 Tamils were taken into
custody in Olombo and surrounding areas between March and the end of
July 1988. They were reportedly subjected to ill—treatnent and torture by
the police during interrogation. Furthermore, Tanjils recently sent back to
Sri Lanka bad been arrested and ill—treated either by the Sri tankan police
or by the Indian Peace—keeping Force (IPKF). The following cases were also
subuitted to the Government for information: (a) Appithurai Sivadas was
allegedly arrested on 15 February 1988 and taken to IPKF camp at Fellipalai;
he was reportedly subjected to torture, after which he was released on
25 F bruary l988 (b) Gunaratnarajah Sinniab was arrested and
transferred to F llipalai canp; he was allegedly subjected to torture
and, on 19 January 1988, his body was handed over to his father)
E/04. 4/1989/15
page 20
Cc) Subrari niam Suthaharan, together with 12 other workers from Eelannrasu
press, were reportedly arrested in Alaveddy on 10 October 1987k
Mr. Suthaharan was released and rearrested on 16 February 1988: he was taken
to Hotel Paradise (a mini c np of the IPKF) , where he was reportedly subjected
to torture until his release on 19 February 1988.
92. On 30 Nove m ber 1988, the Goveriluent of Sri lanka sutinitted information
concerning the mails allegedly taken into custody in Coloirto, stating that
the letter sutinitted bY the Special Rapporteur on 14 Nove m ber 1988 and the
annex bad been referred to authorities in Coloirbo. In the period from the
beginning of March until the end of July 1988 there had been incidents of
internal violence between rival separatist groups, which had left several
dead, With regard to the information that Tamils returning to Sri lanka from
abroad were being ill—treated at the hares of the Sri Lanican authorities, the
Coverrgaent had no substantiated information.
Sudan
93. On 3 October 1988, a letter was addressed to the Goverx nent of Sudan
transmitting information alleging that the penalties of alrputation and
flogging as contained in the so—called ‘Septewber Laws” prartulgated in 1983
were still being carried out. At least 60 persons had reportedly been
sentenced to the penalty of ainpatation and the sentence of flogging was still
being inposed.
Syrian Arab Republic
94. On 6 April. 1988, a letter was addressed to the Government of the Syrian
Arab Republic transmitting information alleging that MuhanTnad Al—Arraj,
arrested on 3 tober 1987 by members of Al—1 mn Al—Askari (military security),
had been held in Fara Falastin in Damascus where he died in early
January 1988 as a result of torture. In addition, Trad Khalil, Na'man Abdo,
Nizar Naradni, Nay 1d—hafez, Na'man Jib, Sanar Al—bunni and Chassan Mara&i
were arrested by Al—Na, Al—Askari between 7 September and 12 Dece m ber 1987 and
held in Al Ladhigiyah Balab (Aleppo) arvi Daøascus. According to reports they
were allegedly subjected to severe torture.
95. On 5 June 1988, a letter was addressed to the ODverniTlent of the Syrian
Arab Republic transmitting information alleging that political prisoners
were systematically subjected to cruel treatnent. According to reports,
Riad Al—Turk, arrested on 28 October 1980. was systematically tortured,
which resulted in a broken arm ar leg aw deafness in his right ear.
thassam t jjar, arrested in April 1980. had been reportedly tortured and
beaten by prison guards since 1984. Finally, Ahmad Nabdi, arrested in
March 1980, died at the end of April 1984, allegedLy as a result of
force—feeding and electric shock treatment.
96. On 3 O ctober 1988, another letter was addressed to the Goverrmient of
the Syrian Arab Republic transmitting information alleging that torture of
political detainees was systematically used by security personnel during
interrogation to extract information. In that connection it was alleged that
Albert Laflam and his son Victor Laham were arrested in December 1987 outside
Damascus and held and subjected to torture in Mra civil prison. In addition,
Kassen Ghounegeh, MJsa Rhalife and Faraj Dirzieh (15— and 16—year-old
students) were allegedly arrested on 5 Septe m ber 1987 near the Syrian—Lebanese
E/CN. 4/198 9/15
page 21
border. They were reportedly held for eight months in an interrogation centre
in Da mascus, where they were subjected to torture, including beatings and
electric shocks, as a consequence of which *asa Ehalife has suffered paralysis
of the lints. MUSa Khalife and Faraj Dirzieh were released in May 1988.
Turkey
97. On 19 October 1988, a letter was addressed to the Government of Turkey
transmitting information alleging that Mahaut Asian, A u Ucak, Veysi Sami
TurI'inen, them Kutuk, crjuz Lule and Kaner Tayhani were detained on
19 September 1988 in Mersin (southern Turkey) after they had escaped from
Kirsthir cLosed prison in central Inatolia. In connection with the same
event, Ahmet Turan Guler was arrested on 19 September 1988 and sent to Mkara
closed prison, those seven persons have reportedly been subjected to torture
or ill—treatment while in detention.
98. On 30 Noventer 1988, another letter was addressed to the Government of
Turkey transmitting information alleging that Aid Poyraz and Sakine Polat were
on hunger—strike in prison, where they had been tortured and sexually abused.
Furthermore, it was reported that Sabri Erdir Civmaz, Raif Gisnus and
Mukkader Gumus were arrested on 9 October 1988 and subjected to torture during
two weeks of incoiununicado detention at Istanbul police headquarters. Finally,
it was reported that, during a planned transfer of political prisoners on
30 September 1988 to Bursa Special Prison, sane 70 prisoners were beaten by
the guards 20 were seriously injured; Hasan Fikret thutsoydan, who had been
imprisoned since 17 November 1988, was also allegedly seriously injured.
99. In a letter dated 19 Decenber 1988, the Government of Turkey informed the
Special Rapporteur that it rejected the allegations of torture transmitted on
19 October 1988. Investigation of the case by the coapetent authorities
indicated that none of the persons had been subjected to any kind of torture
or ill—treatment during interrogation or detention. Those findings concurred
with medical reports on the state of health of the persons in question.
100. In a letter dated 2 January 1989, the Government of Turkey stated that
Sakine polat had been sentenced to 42 years and 10 months' imprisonuent for
having violated the Penal code and the Law on Firearms. It was reported that
she had health problems and that she had always been given appropriate medical
treatriEnt without delay. Since her arrest in 1979, Sakine Polat had not
su}iaitted any complaint for ill—treatment to the competent authorities.
Nevertheless, the allegations of ill—treatment mentioned in the Special
Rapporteur's letter with regard to Miss Polat, had been looked into by the
said authorities who had concluded that she had not been subjected to torture
or sexual maltreatment during her interrogation and detention. Furthermore,
the nane of All Poyraz could not be found in the list of prisoners kept by the
Ministries of Justice and the Interior. The conclusions of the investigation
into the allegations of ill—treatnont concerning Sabri Erdir Civmaz,
Raif Gunus and Mukkader Gunus stated that those persons were treated in
conformity with the existing law and regulations. Moreover, medical reports
confirmed that they had not been subjected to torture and ill—treatment during
inter rogation and detention. The inmates who had been digging a tunnel to
escape from prison had been r&noved fr a their roans they had filed
courplaints with the conpetent authorities with respect to having been tortured
by the guards. The case was being investigated by the Public Prosecutor, the
last inmate mentioned in the Special Rapporteur's letter was not among those
who had filed the above—mentioned caaplaints.
E/W. 4/1989/15
page 22
United Kingdom of Great Britain and Northern Ireland
io . on 28 July 1988, a letter was addressed to the Government of the
United Kingdom transmitting information alleging that Brian Bunter and
Thcaas Maguire were arrested on 12 August 1987 and taken to Castlereagh police
station ( brthern Ireland), where they were slapped, hit, punched and
subjected to verbal threats during interrogation. Furthermore, Arthur Forbes
was arrested on 14 January 1988 in Londonderry and taken to Strand Road Royal
Ulster constabulary station, where he was allegedly hit on the head and
slapped in the face. In addition, it was reported that Brian Gillen, who was
arrested on 22 January 1988 was slapped on the back of his head, hit in the
stomach and on the left ear during interrogation at Castlereagh interrogation
centre. As a consequence of the ill—treatment received, Messrs. Maguire,
Ftrbes and Gillen had reportedly suffered from a perforated ear—drum.
102. On 19 C tober 1988, another letter was addressed to the Government of
the United Kingdom transmitting information alleging that male Vietnamese
refugees had been subjected to ill—treatment on 19 July 1988 in the Hei Ling
Chau Detention Centre, Bong Kong. From there they were reportedly all
transferred to Lai Chi Rot prison in Kaqloon, where they were again subjected
to ill —treatment before being confined three to a cell.
103. On 17 Noveiter 1988, the Government of the United Kingdom replied that
an independent inquiry had been conducted into the allegations concerning
the Vietnamese boat people, which had concluaed that, as a result of the
considerable pressure under which the staff of the Cot rectional Services
Department of the Hong Kong Government was operating at the time of the
incident, unnecessary force had been used by sone Correctional Services
Department staff. The Hong Kong Goverrinent was currently examining the
operational procedures of the Correctional Services Departnsnt and considering
whether disciplinary action should be taken against the staff involved.
104. On 29 Noveifter 1988, the Government of the United Kingdom transmitted a
reply concerning the allegations contained in the Special Rapporteur's letter
of 28 July 1988. All conplaints of alleged ill—treatment of terrorist
suspects bY the security forces in Northern Ireland were fully investigated by
the Royal Ulster Constabulary (flJC) and/or the Army and prosecutions were
ordered where appropriate. In the case of Brian Hunter and Thc.nas Maguire, it
was not possible to connent further on the allegations until the outcome of
the RUC investigations was kncwn. In the case of Arthur Forbes and
Brian Gillen, the papers on both cases had been forwarded to the independent
Director of Public Prosecutions (DPP) for consideration. The D I ' ? bad directed
that there should be no prosecution in respect of the allegations made by
both. The Independent Comi,ission for Police Complaints would consider whether
there was a case for disciplinary action against any of the police officers
concerned, after the outcane of the civil claims which Mr. Forbes and
Mr. Gillen had instigated against the RUC was knoic.
E/a . 4/1989/15
page 23
Viet Nan ,
105. Ckt 29 November 1988, a letter was addressed to the Government of Viet Warn
transnitting information alleging that Pham van Thuong, Le Manh That and Tran
van thong had been arrested in April 1984 and sent to the Phan Darig Inn
prison. They were allegedly condemned to death last September by the Supreme
Court of Justice of Ho Chi Minh City, because of their involvement with a
movement known as “the Front for Human Rights in Viet Nam . Furthermore, it
was reported that during their detention in the Phan tiang Inn prison they were
subjected to torture and ill—treatment.
C. Urgent action
106. A number of requests for urgent action were received during 1988. The
Special Rapprteur decided to bring 42 of these to the imuediate attention of
the respective Goverrinents on a purely htnanitarian basis, to ensure that the
right to physical and mental integrity of the individual was protected. He
also requested information on remedial measures, including those taken by the
judiciary, in case the allegations were proved correct. Most of the
allegations concerned persons subjected to torture during interrogation while
being held inconinunicado by security police.
107. The urgent ap als sent and the replies received are sunvtarized below.
Ben in
108. A message was sent on 24 March 1988 concerning Antoine Yelane, Marcellin
Glele Akpokpo and Bah Bagnikan Yaya Malehossou arrested on account of the
non—violent political activities of their Sons. It was reported that
Antoine Yeloifle was arrested on 8 February 1988 and taken to camp Sero Kpera in
Parakou on 10 February 1988 where he was subjected to torture. Marcellin
Glele Akpokpo arid Bah Bagnikan Yaya Malehossou were reportedly arrested on
7 December 1987 and are still held in the police station in Abciney. They have
allegedly been subjected to torture and ill—treatnent in order to make them
provide information on the whereabouts of their Sons.
Burkina Faso
109. A message was sent on 4 July 1988 concerning five students (Guy logo,
Sasa Serene, Christophe Dima, Serge and Kanv ussa Tall) allegedly arrested on
17 May 1988 in connection with a denonstration organized to comnemorate the
arrest of former president Thomas Sankara on 17 May 1983. None of the
students and school pupils who remained in detention had been charged. c e of
them was transfer red to hospital several days after his arrest because of
serious injuries to his head sustained while in custody. The others are held
in detention, either at the security police headguarters or the Central
CoMnissariat. Fear was expressed that they night have been subjected to
torture.
E/CN.4/1989/ 15
page 24
Stir ma
110. On 22 April 1988, a message was sent concerning Pheing Maung, a
resident of Ohn—Th—Bin quarter of Sittwe, who was allegedly arrested on
30 November 1987. A second detainee, a native of Mrauk-oo village who was
living in Sittwe's Padalikshik quarter, was reportedly arrested in
mid—November 1987. Both were arrested by elements of the military
intelligence service, unit 10, based in Sittwe. After their arrest they
were sent to a detention centre and reportedly subjected to torture.
111. The Government of Burma sent a letter on 26 August 1988 stating that
Theing Maung and ala ri m (the second detainee mentioned above) were arrested
under the &uergerty Provisions Act 5 (a), (d) and (5) and in accordance with
the existing laws of Burma.
China
112. A message was sent on 2 Deceiter 1988 concerning four Tibetan nuns
(Gyaltsen Locho, Gyaltsen Tenzin, Gyaltsen Keljon and Ngawang Dolrra) arrested
during a pro—independence dg onstration staged by a small group of nuns in the
Barktyr area of than in March 1988. They were reportedly taken in handcuffs
to a nearby public security office, where they were beaten, kicked, stamped
on, stripped naked and poked with cattle prods.
O) lombia
113. & message was sent to the Government of Colortia on 2 Decerther 1988
concerning eight trade—union leaders (Orlando Meza, milberto RamIrez,
Gloria Martinez, Eduardo Yando, Qiillermo Chitán, Raiil5n sinisterra,
c4sar Carri llo and Josafat tarazona) allegedly detained and held inconinunicado
on 24. 25 and 26 October 1988 in the administrative department in El BatalJ n
}teva Granada. Fear was expressed that they might have been subjected to
torture.
El Salvadoc
114. A message was sent on 2 December 1988 concerning René Benitez Medrano,
member of the Asociaci6n Nacional de Trabajadores Agropecuarios (ANTA)
(National P,ssociation of Agricultural Workers), allegedly detained on
30 September 1988 and tortured by soldiers in San Frarcisco Gotera. According
to the information received, he was liberated but ordered to report to the
military every 15 days. In addition, five people (Andreé Martinez,
Ad n Santos, Maria Cristina Mejia, lierculano M4ndez and Rofina Figueroa) were
reportedly detained and held incoonunicado on 28 and 29 October 1988 in Cantán
de San Antonio la Junta, Departamento de Santa Aria by meubers of the army.
Fear was expressed that they had been subjected to torture.
Guatemala
115. A message was sent on 21 September 1988 concerning Pedro Quino Morales,
Juan Quino-Quino and José Laster Capel who were reportedly abducted in Cantón
de Paninache, in Chithicastenango by Patrulleros Civiles (civil guards) and
two military officers (all names were transmitted to the Government) . Fear
was expressed that they might have been subjected to torture.
E/Q . 4/1989/15
page 25
Haiti
116. A message was sent on 2 June 1988 concerning Ren4 Pierre Louis allegedly
held incogarninicado for six months in the Cri minal Investigation Service in
Port—au—Prince. He was reportedly subjected to torture.
117. Another message was sent on 29 September 1988 concerning Serge Joseph,
arrested on 5 August 1988 and held in detention in the les Cayes barracks.
Afterwards he was taken to hospital suffering Ira n serious injuries as a
result of torture.
Honduras
118. A message was sent on 25 March 1988 concerning Hector Hernández Fuentes,
who had been harassed by security personnel. Furtheruc,re, kidnap threats were
made against his 15—year—old son, H4ctor Hérnandez Salinas and Gustavo
Meléndez Madrid.
119. Another message was sent on 5 May 1988 concerning Roger conzglez
allegedly detained on 19 April 1988 by members of the Dirección Nacional de
Investigaciones (DNI) (National Police Directorate). It was reported that
Mr. Gonz4lez was transferred on 25 April to the police headquarters in
Casanata. Two habeas corjxis procedures wre filed on his behalf, one on
22 April. 1988 in lbgucigalpa and the other on 25 April 1988 in Casamata. Fear
was expressed that he night have been subjected to torture.
120. Furthermore, a message was sent on 23 September 1988 concerning the
alleged detention of Father Alberto Raynun on 14 September 1988 by three
members of DNI. It was reported that Father Rayman was detained near the
headquarters of the Honduran Workers' Federation in San Pedro Sula. Fear was
expressed for his physical integrity.
121. Finally, a message was sent on 2 December 1988 concerning the detention
of Ram6n Alf redo Betanco on 17 cttober, Ju n Bautista Valladares Aguilar On
19 October, Francisco Javier Ruiz on 21 October 1988. They were arrested in
the city of Choluteca by security forces. In addition, it was alleged that
two Nicaraguan citizens (Marco Antonio Cheves Soverroelleri and Jacinto
Martinez Dhila) had been detained by security forces in Gualiquene, Orocuina,
Department of Choluteca. Fear was expressed that they had been subjected to
torture.
122. In a letter dated 2 December 1988 . the Government of Honduras informed
the Special Rapporteur that it had noted the allegations transmitted from 1985
to 1988 by the Special Rapporteur and stated that the information had been
subuitted to the Inter—institutional Commission for Ruman Rights, which would
issue a report upon conclusion of its investigations. Therefore the
Government of Honduras requested the Special Rapporteur to defer his study of
the comunications regarding Honduras until the above—mentioned Conraission had
pronounced itself and forwarded its conclusions to him.
123. In addition, on 7 Decerter 1988, the Government replied to the urgent
action transmitted on 2 December 1988 stating that certain elements from the
military in Choluteca had been charged with having coninitted several crimes
and were being held at the military premises in Salamar awaiting trial.
E/Q . 4/1989/15
page 26
Islamic Republic of Iran
124. A message was sent on 15 November 1988 concerning Fereidoun Faroughi
allegedly arrested at the end of September 1988 in Saghez. in the
north—western part of the Islamic Republic of Iran, where he was reportedly
held in prison. Re had not been given the right to legal representation, he
might have been subjected to torture and could be at risk of execution. In
addition, it was reported that Hamzeh Mabjoub was arrested in 1981 and Massoud
Alla' I Rhastou in 1982 and that they were being held in ltodsar and Evin
Prisons, respectively, in Tebran. It was alleged that they had been subjected
to torture and prolonged periods of solitary confinement during their
il tcrisonment.
Israel
125. A message was sent on 2 June 1988 concerning Ibab Ahmed Kura'an who was
allegedly stopped on 2 May 1988 by an Israeli Defence Force (IDF) patrol
outside Al—Birth in the West Bank. Afterwards he was taken to the intensive
care unit at Ranallah hospital and transferred to Radassab hospital for
further treatment. On 18 y 1988, an ID? patrol entered the West Bank
village of Arura and it was alleged that they beat Anwar Shehadah arid his son
Ahab, who lost consciousness after being hit on the head and burned with
cigarettes. Three Others (Hassan Abed A]. Ralunan, l hamnad 7 wad and
Mohamiuad Zaid) were allegedly also subjected to torture.
Liberia
126. A message was sent on 2 June 1988 concerning Gabriel William Kpolleh,
Harold Ndann, Cephar A. Mbandi, Joe Robert Kaipaye, !‘bses Dennis and 15 other
persons arrested on 15 March 1988. They were allegedly brought to bnrovia
Central Prison and were then transferred to a military base at the Barclay
training centre. Joe abert Kaipaye reportedly died while in custody as a
result of torture. The rest were said to be still in detention and had
reportedly been subjected to ill—treatment.
127. Another message was sent on 5 October 1988 concerning
Nathaniel Nimley choloply who was allegedly arrested and detained without
charge or trial on about 22 Dece m ber 1987 on his return to Liberia from
studying in the United States of America.
Mauritania
128. A message was sent on 19 September 1988 concerning Meifted Quid Atined,
Tburad Quid Sidi, Martre frbhandy Quid Babah, frbhamed Yehdih Ould Breidelleyl,
yahya Quid Ely, wctar Quid Salek , Capt. Mohamed Ma oud Cald Hadj,
Capt. Quid Waguev, )bhaned Said Quid Ijossejn, Abdallah Ould t4haned, Onar Quid
El Na y and Saleck Quid Brahirn, who were allegedly subjected to torture and
ill—treatment at the army barracks in Nouakchott and J'Reida.
Panama
129. A message was sent on 8 April 1988 concerning Carlos Ernesto Gonz lez de
la Lastra arrested on 28 March 1988 in Panama City when trying to seek the
release of trade—union leaders, arrested earlier awing a police raid at the
Mariott Hotel. ? ccording to another union member, arrested at that time,
E/cN. 4/1989/15
page 27
Gonzulez de La Lastra was beaten and ecaplained of suffering frca kidney
pains. Gonzalez do la Lastra was reportedly being held at the military
headquarters in Panama city. In addition, Major Cristobal Santiago Pundora
was reportedly held in El Resacer, a military controlled prison in Gaithoa. and
subjected to torture.
flO. Mother message was sent on 4 October 1988 concerning Humberto Dilsa and
Carlos Reynolds, Raymark Alberto Cleman G., Alberto Conte, Diana del Rio
de Bates, Hernin Luque, RayBundo Collado, Roberto M4ndez, Doris Elena Murillo,
José P.costa, iv a n Mojica, Mario Tufl6n, Jorge C6rdoba, Trinidad Morales,
Carlos Paris , José del Carmen Serracid, AracellS. Morales, Dwight Brenner
Pardo, Boris Alberto Vüguez, Leo Murillo, Betsaida de Sauri,
Giovanni Carlucci, Giovanni Carlucci (hijo), Ligia do Loaiza, Manuel A. Ulloa,
Fernando del Rio Gaona and Angel Julio Corbalán, who were allegedly detained
on 22 September 1988 and subjected to torture while held incogmunicado.
131. A message was sent on 7 April 1988 ncerning Marcial Cardenas c4ceres
allegedly detained on 26 March 1988 in Li by meters of the security
forces. The authorities acknowledged tha he was being held at the Direccién
contra el TerrorisiTo (DtRCOTE), the gain lice interrogation centre in Lima.
ars were expressed that he might be to t ired during his detention.
Peru
132. Another message was sent on 18 August 1988 concerning Carmen Zarzosa
Pulido and Maria Rodriguez Atilano allegedly arrested on 10 August 1988 in the
city of Chimbote bY members of the investigatory police. tth were allegedly
subjected to physical and psychological torture.
133. Finally, a message was sent on 2 December 1988 concerning Giovan Vera
allegedly detained on 27 October 1988 by military personnel in Chacoctie,
Province of Abancay, Department of Apurinac. It was reported that Mrs. Vera
was taken to the military barracks in Santa Rosa. Three of her colleagues
witnessed her arrest. Fear was expressed that she had been subjected to
torture.
Phili p pines
134. A message was sent on 18 July 1988 concerning Armando Natividad allegedly
arrested on 15 July 1988 in Tondo, Manila. He was blindfolded and taken by
officers to the police station, where he was severely beaten and subjected to
electric shocks during interrogation.
135. Another message was sent on 29 July 1988 concerning be1 Villalba,
reportedly released on 15 June 1988, but re—arrested in Manila on 27 June 1988
by three armed men in civilian clothes and taken to the hea&luarters of the
regional colwftand of the Rhilippines..Constabu lary (PC) at caop Bagong Diwa. He
was allegedly held inconuunicado for over a week and subjected to torture.
136. A further message was sent on 5 August 1988 corcerning
Mr. Fernando Suanaco reportedly arrested on 4 July 1988 inside a hospital. On
13 July 1988 he was transferred to Angeles Metro Discom under
Capt. Roman Cabap of the 174th PC Company in Pampanga, where he was reporteôly
subjected to torture.
B/CL 4/1989/15
page 28
137. On 16 August 1988, the ODverninent of the Philippines transmitted a letter
informing the Special Rapporteur that the Philippines Coiwnission on Human
Rights, the armed forces of the Philippines and the Philippine Departrt nt of
National Defence had been duly instructed to investigate the case concerning
Fernando Suanaco and that 1 as soon as the results of the investigations were
received 1 the Special Rapporteur would be informed.
138. C m 29 August 1988, the Governirient of the Philippines informed the Special
Rapporteur by letter that Armando Natividad was not illegally detained. He
had been charged with nander before the Manila City Fiscal's Office. His case
had likewise been referred to the Cormuission on Human Rights. Under those
circoustanoes it was inçossible that Mr. Natividad had been subjected to
torture or maltreatment.
139. In a letter dated 29 Septerther 1988, the (bvernx nt of the Philippines
reported that the Philippines Cormuissiori on human Rights had decided to
subpoena Noel Villalba and, if he still refused to appear at the hearing to
determine the validity of his cauplaints, the Cciwiission would have no
alternative but to order the case closed.
S,nia ii a
140. A message was sent on 5 May 1988 concerning Yusuf Mi hrapeh, Mi Hesse
Sadeh, Mahamed Bahir, Men Abdullahi Dindeel, Isnail Jama Elmi, Abdi Misse
Gadeed, Nur bbhan d Ibrahim, Abmed aw Jama, Habdi Labaleh, bbhaned ztwel,
AMed Meaad, Mohamed Musse, Mohamed Samatar, Mohamed Haji Tubeer and
Men Absiyeh Warsame allegedly arrested by military personnel on
10 March 1988, in the western town of Gebiley. They were reportedly subjected
to torture and I'bhaged Warsane was later released, but died soon afterwards as
a result of having been tortured.
141. Furthermore, a message was sent on 1 June 1988 concerning nine students
(Men ztssa Abduflahi, Faisal Abdullahi Men, Abdulkadir Haji Arap.
Abdulcabman Abdi ElmS, Mial Jama Ibrahim, Mohaned Nahairoud Isriuil, Abdullahi
Rayd t3,hajued, Anisa Abdi Yusuf, Nasir then Yusuf) and three schoolteachers
(Abdi Abdullahi, Nabdi Osirpan and Abmed Mi !Ibor), allegedly arrested in
Hargeisa in the last week of March 1988. They were reportedly being held at
National Security Service detention centres and at the central prison. All
of them were reportedly subjected to torture and ill—treat ment and were
currently detained without charge.
142. In addition, a message was sent on 1 July 1988 concerning Nut Abbey,
Jama Abdi Farah, Mohamed Mahamond Ismail, Haj i Mohamed Bursade, Al I Molned
Diree, Abdillahi Jirre Duale, Mi Jirre Duale and t'bhaned Karshe, allegedly
arrested in June 1988, held in Godka National Security Service Centre in
?4uqdishu and subjected to torture.
143. Mother message was sent on 18 July 1988 concerning Safia Hashi Madar.
Allegedly arrested on 14 July 1984, she had been held in the penitentiary of
Hargeysa since she was sentenced to life inprisonnent in March 1988. As a
result of the ill—treatment she suffered at the time of her arrest and of
having given birth to her son whilst under detention, her health was said to
be deteriorating constantly.
E/CB. 4/1989/15
page 29
144. A further message was sent on 20 September 1988 concerning Mohamed Hersi
Oiriye, Ardiwahab Haji Eassan, M,haned ithanoud Ibrahin, Yasin Mohaned and
Dirive Suga ]. Roble arrested on 20 August 1988 at Muqdishu Airport On arrival.
They were reportedly held incograunicado in military custody and subjected to
torture. It was alleged that they could be sentenced to death and executed.
145. Finally, a nessage was sent on 4 October 1988 concerning Abdi Ismail
Yunis who had reportedly been held at Labatan Jirow prison in Sctrialia since
1982 and subjected to torture.
South Africa
146. A message was sent on 14 October 1988 concerning Veliswa Mhlawuli,
allegedly detained on 5 October 1988 in Cape tbwn and reportedly held
incorrmrnnicado and subjected to torture.
147. Another message was sent on 15 Deceruter 1988 concerning Misile Stemele
(a field worker with the Transkei Council of Churches), Mhindele Itjama (an
enployee of the Untata General Hospital), Twasile Mbanda Zayo (a high school
teacher in Butterworth, Transkei), Mr. Dayo (a teacher at the thntata Technical
College) allegedly detained on 17 and 18 Noveither 1988 under section 47 of the
Transkei Public Security let. They were reportedly held inconu,unicado without
charge or trial. Fear was expressed that they had been subjected to torture
by Transkei and South African security police during interrogation.
Syrian Arab Republic
148. A message was sent on 11 August 1988 concerning Badr El—On Shanan,
allegedly arrested in 1983 for being a nerber of the Cofliftunist Party Political
Bureau. He was said to be critically ill as a result of torture; he was
taken from Ealab (Alepro) Central Prison in mid —June 1988 for interrogation
and subsequently to Al—Kindi Hospital in Halab for urgent medical treatment.
149. Mother message was sent on 2 Decenber 1988 concerning Riad Al-nirk, a
lawyer and first secretary of the Coununist Party Political Bureau, who was
allegedly arrested on 28 October 1980 in Damascus by agents of Al—Pan
A1—Siyassi (pl.itical security). It was reported that he had been subjected
to severe torture at various stages throughout his detention. He had been
held incomnunicado since his arrest and bad never been charged or tried.
Mad P u—lurk was allegedly transferred to a hospital in Damascus in mid—1988
and received kidney dialysis treatment. Following his treatment he was
returned to solitary confinement at the military interrogation branch,
Damascus, under the jurisdiction of military intelligence. ar was expressed
that he had been subjected to torture.
likE key
150. A message was sent on 2 June 1988 concerning 2iz Celik, allegedly
detained o n 6 May 1988 at the Unions Building in Istanbu l and taken to
Istanbul Police Headquarters, First Branch. On 17 May 1988, he was
transferred to Ankara closed prison, where he remains incog nunicado. While
undergoing interrogation he was reportedly subjected to torture.
E/Oh 4/1989/15
page 30
15].. Furthermore, a tressage ilas sent on 27 Septeiter 1988 concerning
Nadir Nadi Usta allegedly arrested on 17 Septe m ber 1988 in A nkara. lie was
reportedly subjected to torture, as a result of whith he was unable to stand
and fainted twice. Three other persons, Hatice Onat, Metin Paruk Tamer and
Resat Akyazili were reported to be held in detention with him.
152. A message was also sent on 2 Decewber 1988 concerning Riza Satilinis .
allegedly detained on 6 November 1988 in Ankara. In addition, it was reported
that Imdat Halis, Sunay Halls, Tarhan Alatas and Abdulcabbar Ozel were
detained a few days later in Istanbul and sent to Ankara for interrogation.
All of the m were held inconurninicado. They had allegedly been subjected to
torture during interrogation.
153. On 27 July 1988, the Special Rapçorteur received information from the
Government of Turkey concerning the case of Aziz Celik. tccording to the
coqetent authorities, he had been treated in accordance with the existing
laws and not subjected to any kind of torture or ill—treatment while
undergoing interrogation. After interrogation he was taken through medical
inspection and the medical report indicated that there was no sign of physical
violence observed on his body.
154. 10 Noveriter 1988, the Turkish Governuient provided the Special
Rapporteur with the following information, Nadir Nadi tjsta, Hatice Onat,
Metin Faruk Tamer and Resat Akyazili had been arrested and put on trial on
charges of having violated article 142/3—b of the Turkish Penal Code.
Coirpetent authorities had investigated the allegations of maltreatment
concerning the said persons and it had been established that they had been
treated in accordance with the existing legislation. Medical reports prepared
by doctors who had examined those persons confirmed that they had not been
subjected to any kind of maltreatment during interrogation and detention.
United Arab B uirates
155. A message was sent on 4 July 1988 concerning Ala AM Al—Rasul Judi,
allegedly arrested on 2 May 1988 at the Ministry of the Interior Department of
lunnigration and Passports. He was being held incorrinunicado and had reportedly
been subjected to torture during interrogation.
Zaire
156. A message was sent on 18 August 1988 concerning T hisekedi Wa ltlumba,
reportedly arrested on 9 April 1988. He was allegedly ab3ucted during the
night of 17 to 18 June by civil guards. He was said to have been subjected to
severe beatings and, when in a coma, was taken to Manga. He was reported to
be in bad physical condition, with untreated wounds, allegedly as a result of
ill—treatment and the subsequent lack of medical treatment. Serious concern
had been expressed about his health, since 1981, and especially during 1988,
several reports had been received alleging that Tshisekedi Wa Mulunta had been
subjected to different forms of ill—treatment; he had reportedly been denied
adequate medical treatnEnt while in detention and had previously been released
in March 1988.
E/0L4/1989/lS
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157. In addition, messages were sent on 18 May and 30 August 1988 concerning
more than 100 individuals allegedly arrested and subjected to torture,
including Birindwa raustin, Kyungy Wa Kumwanza, Kabeya Joseph, Nzita,
Mulumba Andrew }fukadilia Mpanya, Nzajta Jean, Kiaç'aka, Kanta Homere,
Kadima Leon and Mipika Mpoyi.
D. Reminders
158. In addition, the Special Rapporteur decided to retransmit, on 13 Oztober,
4 and 14 November 1988, allegations sent to 23 Governments in 1986 and 1987.
The following countries received such reminders: Aghanistan, Algeria,
Burkina Faso, Burundi, Comoros, Congo, Ethiopia, Guatemala, Honduras, Islamic
Republic of Iran, Israel, Kenya. Malta, t4 zambique, Nepal, Peru, Philippines,
Sri Lanka, Suriname, Syrian Arab Republic, Ugai4a, Zaire and Zimbabwe. At the
time of preparation of the present report, replies to those reminders had been
received from the Governments of: Honduras, Kenya, Sri Lanka and
El Salvador. Attention is drawn to the reply provided by the Government of
Kenya, in a letter dated 24 Novetiber 1988, which expressed regret that the
allegations had been made and denied them.
E. Consultations
159. The Special Rapporteur held consultations in Geneva during his visits in
May, July, Otober and t4overter 1988. private consultations with those
Governments that had expressed a wish to meet him were arranged. He also
received non—governmental organizations, private individuals and groups. In
July and Decenber 1988, the Special Rapporteur heard withesses, who testified
on the methods of torture used by security forces while they had been in
detention.
E/Q . 4/1989/15
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III. VISITS BY THE SPECIAL RAPPORTEUR
160. It may be recalled that, on several occasions (E/CN.4/1987/13, paras. 22
and 87), the Special Rapporteur has expressed his readiness to travel to the
territory of a Member State with the consent or at the invitation of its
Government, for the purpose of carrying out on—site consultations with the
authorities, private organizations or individuals; such visits may take place
not only on account of allegations of torture, but on any other occasion for
which a visit may be deemed useful by the Government concerned.
161. In the conclusions and the recou.nandations submitted to the Cotmuission at
its forty—third session (E/CN.4/1987/13, para. 82), the Special Rapporteur
stated that ‘a society that tolerates torture can never claim to respect other
human rights) the duty to eradicate torture is thus a primordial obligation.
Efforts to realize that goal should first and forenost be concentrated on the
prevention of torture”.
162. In 1987, the Special Rapparteur held consultations in Geneva with
representatives of the Governments of Argentina, Colombia, Peru and Uruguay to
explore the possibility of a regional visit for an exchange of views with the
local authorities on preventive and remedial measures. It was felt that such
a visit would help to contribute to the eradication of the phenomenon of
torture.
163. In this connection, it should be mentioned that, on 31 August 1988, the
Government of Guatemala sent the Special Rapporteur a formal invitation to
visit its country.
164. In December 1987 . the Special Rapporteur visited Argentina. Colombia and
Uruguay and sutinitted a report (E/CN.4/1988/17/Add.1) to the Conm.ission on
Hunan Rights at its forty—fourth session. The GDvernnsnt of Peru expressed a
preference for the visit to take place in 1988, in view of the fact that,
during the period suggested by the Special Rapporteur, few, if any, of the
officials he wished to meet would be available.
165. In 1988, in addition to the visit to Peru, the Special Rapporteur
considered it useful to extend his on—site consultations to other regions and
held preliminary talks with the Ambassadors of the Republic of Korea and
Turkey to the United Nations in Geneva. By letters dated S July 1988, he
formally transmitted to those Governments dates and programnes for the
proposed visits which were both accepted by the Governments concerned. The
Special Bapçorteur visited the Republic of Korea from 24 to 30 September 1988
and Turkey from 31 August to 6 September 1988.
166. In the course of his visit to Peru, the Special Rap rteur met the
following authorities, Minister for Foreign Affairs, Mr. Allan Wagner Tizon;
Minister of the Interior, Mr. Jos4 Barsallop President of the Supreme Court.
4r. Juan Manuel M ndez Osborn ; Attorney General, Mr. Pedro Sagástegui
Urteaga vice-Minister of Justice, Mr. Rucio Galarza, Government's Attorney
and People's Advocate, Mr. Hugo Denegri Cornejo; Vice—Mayor of Ayacucho,
Mr. .Jaime (irrutia ; prosecutor of Ayacucho, Mr. Cupertino F. Cuevas Flores
and the Resident Representative of the WDP Office in Peru, Mr. Pedro Mercader.
167. In the Repiblic of Korea he met the Director of the International
Organizations and Treaties Bureau, Mr. Sai—Taik Kim; the Director of the
E/cN. 4/1989/15
page 33
Investigation Bureau, Mr. Yoon—Hue Mn, the President of the Korean Bar
Association, Mr. In KoO Moon; the Assistant Minister for Legal Affairs in the
Ministry of Justice, Mr. Sang Hyun In and the Director of the Criminal Affairs
Departnent, Mr. Kun Gae Lee. He also nEt Mr. Jung—Il Chi of the Korean Bar
Associationt the Resident Representative of the UNDP Office in the Republic
of Korea, Mr. N. S. Subbararinn; and the Director of the Human Rights
Contuittee of the world council of Churches in Korea, Mr. lam DDng—Van.
168. Finally, in Turkey he was received by the Minister of Justice and Dep ty
wder—secretary, lit. Yildirjau Turkmen, the Depity Under —secretary of the
Ministry for Foreign Affairs, Mr. Ayhan Kamei4 the Deputy Director for
l.I,ltilateral Political Affairs, Mrs. Fügen Ok, the Under-Secretary of the
Ministry of the Interior . Mr. Vesdi GDnul; the Chairman of the Coiwnission of
Justice, Mr. Alpaslan Pehlivanuip the Head of Military Judicial Affairs in
the Ministry of Defence; the Director of the Police Pcaden j; Mr. Mulrtetz
Soysa]. of the Faculty of Political Sciences; the Director of the Istanbul
Sagnucilar Prison and the Director of the Ankara Manok Prisons a teither of
the Turkish Medical Association, Mr. Ragip CallIt and the Chairman of the
Turkish Association for Human Rights, Mr. Nevzat Helvaci.
A. Visit to Peru
1. Background and legal and institutional fran€work
169. Por a number of years Peru has been ridden by internal unrest, due to the
activities of guerrilla novements in some parts of the country. Since 1980,
the Sendero LuminoSo (Shining Path) movement has conducted guerrilla warfare
in the nc'untainous areas in the eastern part of the country, using terrorist
methods to strengthen its grip on the local population. It has deployed its
heaviest activities in the Province of Ayacucho. More recently,
Sendero Luminoso has extended its activities to urban areas, in particular to
the capital, Lima.
170. Another armed organization, the Movimiento Revolucionario Tupac flriaru
(MRTA), was originally based in the urban areas, but has, since 1987,
transferred its field of operations to the countryside, mainly to the Province
of San Martin.
171. In a number of provinces tere the guerrilla Trovements are active, a
state of emergency has been declared (at the time of the Special Rapporteur's
visit 29 provinces were under energency law, inc luding the metropolitan
Provinces of Lima and Callao, covering about 40 per cent of the population).
Under article 231 of the 1979 Constitution, the declaration of a state of
emergency is restricted to a 60—day period, which can, however, be extended by
presidential decree. Under the state of emergercy, the following rights
guaranteed by the Constitution may be suspended the right to personal
freedom and security, inviolability of the home, freedom of association and
freedom of movement. In fact, all these rights have been suspended in the
areas under euergerEy law.
172. The right to life and the right to physical integrity, guaranteed in
article 2.1 of the Constitution, therefore, are not among the rights from
whict derogation may be made. However, what has been suspended is the
provision that no person may be arrested without warrant or may be kept in
detention for i*ore than 24 hours without such a warrant, unless he has been
E/G . 4/1989/15
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arrested for terrorist acts, espionage or drug—trafficking, in which case he
may be held without charge or a period of 15 days. The provisions on
habeas corpas and an aro (enforceffent of constitutional rights) procedures,
however, remain in force under emergency law, at least with reference to those
rights which have not been suspended. This was confirmed by the President of
the Supreme Court. Since torture canes under the provisions on habeas corpus ,
the habeas corpas procedure can function as a highly effective instruirent to
prevent torture.
173. According to the same article 231, the armed forces assume control of
internal order when the President of the Repoblic so decides. Under the
previous administration, tct No. 24.150 legalized the practice of placing
areas under a state of emergency annost exclusively under the authority of a
‘political—military corimiand”. This Act, like the previous practice, has led
to controversies about its constitutionality, since the politico-military
conmand replaces the civilian authorities also in fields not confined to
internal order. In 1987, the present Goverrnent announced its intention to
repeal Act ?b. 24.150 and to replace it with a statute providing for a nuch
greater role for the civilian authorities in areas under emergency law. The
Government, however, did not carry out that plan and an initiative taken by
the opposition in the Senate to repeal the law was blocked in the Senate
Coirunittee.
174. The legal r gime established by Act No. 24.150 is of paraucunt
importance, since nearly all information on torture received by the Special
Rapporteur since 1985 (the year his mandate was established) has dealt with
alleged torture practices in the areas under emergency law. It was reported
that thousands of people had disappeared (in a report to the Human Rights
Coirunission of the Chamber of Deputies, sutnitted in August 1987 by the Fiscal
de la Naci6n (Attorney—General), the total given was 2,417), some of whom were
presumably abducted by the security forces. It was further reported that many
of those people were held temporarily in military caups and barracks where
they were interrogated. During those interrogations, they were reportedly
often tortured and afterwards either released or killed. Many allegations
referred to the finding of dead bodies with marks of torture (see also the
report of the Working Group on Enforced or Involuntary Disappeararces,
E/CN.4/l987/l5/Add.l).
175. Whenever human rights are violated, the victim or his relatives can lodge
a complaint with the office of the Fiscal de la Nación, who is the Head of the
Ministerio Pdblico. According to article 250 of the Constitution, the
Ministerio Pi$blico is an independent and autonomous institution. Its main
functions are, on the one hand, the pronr'tion and defence of the rule of law
and the rights of citizens, and on the other, the supervision of criminal
investigations and the initiation of criminal proceedings. The officials of
the Ministerio Pi$blico, therefore, are simultaneously ontudsinen and public
procecutors. Within the Ministerio P iblico a Human Rights Office is
established, an administrative body which, through the collection of reports
on alleged human rights violations, enables the Fiscal de la Nacián to carry
out the first function. The Ministerio Pdblico investigates reports about
human tights violations and has, for exanple. solved 205 cases of
disappearances. According to a press release of 12 july 1988, it also deals
with allegations of torture. The representative of the Fiscal de Ia Naci6n in
Ayacucho told the Special Rapporteur that he had looked into 348 reported
cases of torture in 1987 alone. Only in relatively few cases, however, had he
E/CN. 4/198 9/15
page 35
been able to complete the inquiry. In many cases the victims had been
unwilling to testify, either because they were frightened right from the
beginning or because they had received death threats before or after giving
testinony. In other cases which had been reliably docunEnted, it had been
impossible to identify the military officers allegedly involved in torture,
since they were only known by nicknames. As an exarcple, he mentioned that a
completed case had been declared inadmissible, since the suspect was not known
under the name given in the file.
176. When a case has been coapLeted and the allegation of torture has been
reliably attested, it has to be decided whether it will be brought before a
military or a civilian court. Under article 10 of Act No. 24.150 •‘offences
defined in the Code of Military .Justice and corcnitted in the course of duty
( delitos de funcián ) are exclusively within the conpetence of the military
courts, save of fences which are unrelated to the service”. During the
discussions he had, it became clear to the Special Rap orteur that
interpretation of the term “ delitos de función ” was a highly controversial
matter. According to some sources, serious cannon crimes, like homicide,
kidnapping or torture, coaritted by members of the armed forces could never be
seen as “ delitos de funcián ” and should therefore always be tried by civilian
courts. The military, however, take the position that all, crimes coiwoitted by
the armed forces in the emergency areas are udelitos de furcián ” and therefore
should be referred to military courts. In Dece mber 1986, the Senate approved
unaninously a bill amending Act 1 b. 24.150, limiting the “ delitos de funcidn ”
to of fences mentioned in the Military Penal Code and stating that all serious
crimes mentioned in the Civil Penal Code should be tried in civilian courts.
At the time of the Special Rapporteur ‘s visit, the bill was still pending in
the Chanter of Deputies ,*IiCh had repeatedly postponed its consideration.
177. If there is a controversy as to whether a case should go to a civilian or
a military court (in the latter case the Fiscal has to hand over the dossier
to the Auditor (military public prosecutor)), the decision must be taken by
the Supreme Court. The President of the Supreme Court told the Special
Rapporteur that each case was taken on its c qn merit but that as a rule of
thugb, it could be considered that abuses comaitted by meiters of the armed
forces in the absence of orders frc o their superiors (e.g. crimes conuitted by
military personnel when off duty) cane within the jurisdiction of civilian
courts, whereas abuses connitted when under orders frcin their superiors went
to the military courts. In actual practice, this meant that most cases were
referred to military courts where the proceedings were secret. Although in
some cases merters of the police force had been tried and sentenced to —
scinetijues — severe prison terms, the Special Rapporteur was also informed
that, at the time of his visit, no ITeither of the armed forces had as yet been
convicted by a military tribunal. Concern was expressed that sometimes
meaters of civilian courts dealing with such cases had been subjected to
threats and harassment. The phenanenon of harassment and intimidation of
menters of the judiciary, however, was also quite cannon in the case of trials
of me*ers of subversive groups, which contributed to a climate of fear within
the judiciary. According to several authorities, this has increased the
feelings of discontent within the population about the administration of
justice in the country.
E/CN.4/ 1989/15
page 36
178. Recently enacted laws (like Act b. 24.651, anending the Penal Code by
introducing a new section on “Crimes of terrorism and Act No. 24.700 which
regulates police investigation and adjudication of crimes of terrorism) lay
down the rules which have to be canp].ied with in case of arrest on suspicion
of involvement in terrorist activities. An arrested person may be held for a
preliminary inquiry for a period of 15 daysp the piblic prosecutor (fiscal),
however, ijust be informed within 24 hours of the arrest and lEst not only be
present at all investigatory stages but is in charge of the investigation.
Access to a lawyer is also guaranteed.
179. It was reported, however, that those rules were scarcely heeded by the
armed forces in rural areas under nergency law, It had beco.e connon
practice, according to those reports, for large nuthers of people to be taken
from the streets or fran their houses during round—ups and brought to the
military barracks where they were interrogated. After a certain period, which
might range from a couple of days to several weeks, a number of them were
released (often left on the roadside, with their hands and feets tied).
According to the same reports, the round—ups were often arbitrary in nature
and people were just arrested in order to find out whether they could provide
the armed forces with information. It was alleged that, during such
interrogations, torture was conmonly practised and that it was no exception
that interrogated persons died as a result of torture.
180. It was also submitted that the initiation of habeas corpus procedures, if
declared admissible, usually produced no result, since the military
authorities sin Dly denied that the person corx erned had been detained,
181. The public prosecutor (fiscal), who was authorized to carry out
investigations whenever a disappearance was brought to his attention, often
had the same experience.
182. It was also reported that torture was practised at the Lima headquarters
of the Division against Terrorism (DIRCOTE), a special branch of the
Investigatory Police (PIP) • In that context, concern was expressed about the
fact that the International Corgaittee of the fled Cross (ICRC) , which had been
given access to prisons and police stations from 1984 on, had been informed in
April 1987 that visits to DIRCOTE detention centre were cancelled (a similar
measure had been taken in January 1987 by the political—military coirmand with
regard to the right to visit prisons and rolice stations in the Province of
Ayacucho at the beginning of 1988. however, those visits were resuued). The
Minister of the Interior told the Special Rapporteur that it was virtually
impossible for torture to take place in the DIROTZ detention centre since all
interrogations were conducted in the presence and under the supervision of the
public prosecutor (fiscal), the representative of the Ministerio miblico,
which is canplete].y independent and is not under the orders of the
authorities. Since a fully independent person was always present during
interrogations, the IQtC visits had been found to be superfluous.
2. Evaluation and recommendations
183. The plitical situation in Peru is extrat1ely cczuplex. The problem
created by the activities of subversive noverents are compounded by the
fact that the country is seriously plagued by the production of, and traffic
in, narcotics. It is even fore difficult to determine exactly all the causes
which have resulted in the present problems. Fran all the talks the
E/cN. 4/1989/15
page 37
Special Rapporteur has had, whether with persons connected with the Govern.ent
or with persons who were highly critical of governnent policy, there emerged,
however, one coflanon conclusion: one of the main causes of the problen in the
rural (mainly mountainous) areas where the guerrilla forces are active is the
fact that the local population ( campesinos ) has always been a neglected group
within Peruvian society; hardly any invstnents have been made in those
areas to praaote and further their econcmic developiient and political
awareness in general was low. It was subi itted from various sides to the
Special Rapporteur that, in the present struggle between the authorities and
the guerrilla iloveTrients the cawesinos were again the victias, their human
rights were violated in a massive way by both sides, whereas they themselves
seemed to have no stake in the cause of either; some sources were of the
opinion that, unless the Goverrunent succeeded in giving them a stake in its
cause, the local population in the long run would inevitably take the side of
the Government's opponents.
184. The crucial role of the local population in the solution of the present
problems seems to be recognized by the Government as well. DDth the Minister
of the Interior and the Vice—Minister of Justice stressed the iBporta re Of
motivating the local population in the struggle against terrorism; “the war
must be won by the Peruvian people and Peruvian society”. In a public
statement, made during the Special Rapporteur's visit, the Minister of Defence
said that the main problem was the realization of social and economic rights
and that the struggle against subversion should not be left to the military
alone.
185. Prom all information received by him, the Special Rapporteur came to the
conclusion that serious human rights violations must be ascribed to the
guerrilla mvenents, in particular Sendero t.uminoso, whi'th has coianitted many
atrocities. On the other hand, neglect for the respect of human rights on the
part of the security forces, in particular in areas under emergency law,
should be a matter of serious concern.
186. The legal framework for the protection of human rights in Peru is
basically sound. Human rights are satisfactorily guaranteed by the
Constitution and by other legal provisions. In this respect in particular the
institution of the Ministerio P,iblico deserves mention. The existence of an
independent authority, with the coipetence to investigate alleged cases of
human rights violations and to bring charges against the responsible
authorities, is in itself a highly effective protective instrument. This
effectiveness is increased by the tact that this same functionary has a
dominant rote in criminal, investigations and conducts the investigations
himself, in cases of terrorism. If all legal provisions were properly
iirplenEnted, basic human rights would be well protected even under a state of
emergency.
187. The main problem, thereEore, is that, in particular in the emergency
areas, the machinery provided by the law, has ground to a halt, It has been
submitted to the Special Rapporteur that these legal provisions are seen by
those who are directly responsible for the restoration of law and stability as
too burdensome in the fight against a ruthless eneiiv. This, however, Can
never be an argument to condone practices which are unequivocally forbidden by
law. The following reconinendations, therefore, may be made,
E/CW. 4/198 9/15
page 38
(a) Since many of the problene seem to be connected with the coirplete
control the p litica1—military coimiand has in areas under emergency law,
inplenentation by the Government of its 3-987 plan to replace Act No. 24.150
by a statute which establishes shared responsibility of civilian and military
authorities in emergency areas, confining the role of the military to matters
of internal order, could contribute to a climate which is more beneficial
to the respect for hunmn rights. Some authorities informed the
Special Rapporteur that it was the Government's intention to establish such a
mixed cormnand in some provinces in the near future;
(b) Already unanimously adopted by the Senate, the bill defining the
concept of “ delitos de funci6n ” by providing that serious crimes coimiitted by
members of the armed forces and the security police, like torture, are always
within the jurisdiction of civilian courts should be enacted. It would be an
important measure from the viewpoint of suppression, as well as of prevention;
(c) persons who are suspected of having seriously violated basic human
rights, including torture, should be tried without delay and, when found
guilty, punished severely;
(d) Violation of the rule providing that the public prosecutor (fiscal)
must be informed within 24 hours of an arrest, and of other rules intended to
guarantee a detainee's rights, should lead inmediately to disciplinary
measures;
(e) The provisions on habeas corpis should be strictly applied by the
judiciary in areas under emergency law, as this is a highly effective
instrument for the prevention of violations of basic huiinn rights, including
torture;
(U In view of the fact that the public prosecutor (fiscal) is only
present during the interrogation of detainees, Ic2RC visits to places of
detention must be considered to be an effective couplerientary measure to
prevent torture. ICC should therefore have the right to visit all places
where arrested persons are held in the areas under emergency law;
(g) In the training prograures of all military and law enforcement
personnel, high priority should be given to the necessity of respecting basic
human rights under all circumstances.
B. Visit to the Republic of Korea
1. Background and legal and institutional framework
188. C i 1 July 1987. after a period of serious unrest and sometimes violent
demonstrations, it was decided that direct presidential elections would be
held. The presidential candidate and Chairman of the ruling Dewcratic
Justice Party (DJp), Mr. Rob The—Woo, had made a declaration two days before,
on 29 June 1987, in whith he had connitted hirrself and his party to an
improvement of the human rights situation.
189. C 27 October 1987, a new Constitution was approved by referendum. On
16 December 1987, presidential elections took place. Mr. Rob Tae—Wo was
elected President and took office in February 1988. In April 1988, elections
E/CN.4/1989/15
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for the National Assembly were held and, as a consequence, the ruling DJP is
now in a minority position in the National Asseribly, whith is dominated by
three opposition parties.
190. Since July 1987, a number of presidential annesties have been declared
under which more than 400 political prisoners have been released. The number
of political, prisoners still in detention is a imtter of dispute between the
Government and the opposition.
191. Human rights violations reportedly had taken place on a wide scale in the
previous years. Since the inception of his mandate, the Special Rapporteur
has received a fair number of allegations which were subsequently brought to
the attention of the Korean authorities. Public debate on torture reached a
peak at the beginning of 1987 when a student, Park Chong—chol, died
on 14 January 1987 as a result of torture during interrogation. Five police
officers who had been involved in the interrogation were sentenced
from 5 to 15 years' imprisonment, whereas three senior officers received
prison sentences of up to one year, because they had participated in
an attempt to cover up the events. In another case that became widely
known, namely that of a female trade—unionist, Mrs. Kwon In—Sook, who was
sexually abused by her interrogator, the police officer was sentenced to
five years' imprisonment.
192. Under the 1987 Constitution, torture is absolutely forbidden
(art.12, 2). k confession which has been obtained by torture or under duress
is not admissible as evidence. Perhaps even lore inportant is the provision
that a confession is not admissible if it is the only piece of evidence
against a defendant; this iaplies that, under the law, a defendant can never
be convicted on the basis of a confession which has been extracted by torture
alone (art. 12, 7). These provisions are also part of the Code of Criminal
Procedure (art. 309—310) . No one may be arrested without a warrante issued by
a judge, unless the suspect is apprehended in flagrante delicto arrests
without a warrant may also be made in the case of various crimes (punishable
by fore than three years' inprisonu nt), if there is a danger that evidence
will be destroyed or that the suspect will escape (Constitution, art. 12.3 and
Code of Criminal Procedure, art. 207 ). The provision in the Constitution
that an arrested person must be informed of the reason for his arrest and of
his right to legal assistance, which assistaire shall be proapt, is of great
importance, as is the new provision that the relatives of the arrested person
shall be informed about the arrest and the person's whereabouts without delay
(Constitution, art. 12, 4 and 5); incoiununicado detention therefore is
strictly for bidden.
193. miring his visit the Special Rapporteur received information from various
sources stating that a person arrested by the police can be kept in a police
station for preliminary interrogation for a Iraxinum of 48 hours. If no
warrant of arrest has been obtained after this period, the person must be
released imuiediately. If a warrant has been issued, the person may be held at
the police station for a period of 10 days, after which the public prosecutor
has to decide whether the suspect will be formally charged or not. If the
investigation has not yet been finalized, the period of investigative
detention hay be extended by another 10 days by a judicial authority. In that
case, however, the suspected person must be transferred to the public
prosecutor's office. If the person is suspected of having cournitted a crime
against the security of the State, another 10 days' extension can be granted;
E/C I. 4/1989/15
page 40
in that case, the total period of investigation can aununt to 30 days, after
which the prosecutor has to decide whether he will officially charge the
person or release him.
194. During this whole period, the detainee is entitled to the assistance of a
legal counsel. In case of arrest without warrant, no ex post facto warrant
may be issued within a 48—hour period. unless it is clear from the documents
that a defence counsel has been appointed and the relatives have been informed
about the arrest.
195. The Special Rapporteur was told at the Ministry of Justice that an
instruction had been issued to the police to send the case to the public
prosecutor's office by the seventh day after arrest, in order to enable the
prosecutor to abide by the legal term of 10 days.
196. The Special RappDrteur was also informed that it made no difference
whether a person was arrested by the police or by a state security agency. In
all cases a warrant had to be obtained within 48 hours and the investigation
was carried out under the responsibility of the public prosecutor. Re
ultimately had to decide whether the person will be brought before a military
court (if he belonged to the military) or before a civil court (in all other
cases), or whether he would be released. A civilian could not be subjected to
military jurisdiction unless a state of martial law was declared.
197. Apart from the constitutional provision that any person who is arrested
or detained shall have the right to req uest the court to review the legality
of the arrest or detention (art. 12, 6), any person (whether a detainee or a
relative) who feels that his legal rights have been violated can lodge a
coriplaint with the public prosecutor. Be is under a legal obligation to
investigate the ccnplaint. In all prosecutor's offices human tights
counselling offices have been set up to deal solely with cases involving human
rights violations, including cauplaints about torture or ill—treatment.
198. If a conelaint about torture or physical violence Is found to be
justified, the official can be prosecuted and punished by penal servitude of
not onre than five years (Criminal Code, art. 125). If the couplainant has
been injured or has died as a result of the act of torture, an additional
penalty may be inflicted (Act concerning Additional Punisinent for Specified
Crimes, art. 4); moreover the victim is entitled to caupensation fr a u the
authorities (National Cor ensation Pet, art. 2, 13.
199. The provision in the Code of Criminal Procedure (art. 198, 2) that the
public prosecutor is obliged to inspect (at least on a nonthly basis) all
places of detention within his area, to investigate whether illegal detentions
have been made is of great inportame for the prevention and suppression of
torture. The inspecting prosecutor must examine and question detainees in
private. It is not clear whether this coupetence also covers places of
detention where a person is held for interrogation other than normal police
stations. During these investigatory visits by the prosecutor, conplaints
about torture or ill—treatment may be brought up.
E/ l. 4/1989/15
page 41
2. Evaluation and reconinendations
200. Many of the legal pLOViSiQns mentioned above are nQt new. In spite of
the fact that these legal safeguards against the practice of torture in
thewselves are highly satisfactory, in actual practice they are not respected
by the authorities. According to reports received by the Special Rapporteur,
in many cases the 48—hour rule was not respected nor was the detaineets right
of prailpt access to legal counsel. As a result, inconnunicado detention,
which might easily lead to torture, was quite connon. Relatives of a detainee
were often not told about his or her whereabouts, in spite of their legal
right to receive that information, and in spite of the fact that they had ifade
requests to the authorities. Detainees reportedly were often held for
interrogation in locations not mentioned in the Penal Mministration lct,
which exhaustively enimierates the places where unconvicted detainees may be
held. Complaints about torture were not properly investigated, according to
those reports, and hardly ever led to prosecution or punishment.
201. The present Government of the Republic of Korea has unequivocally stated
that it will Improve the human tights situation in the country and will canply
with the legal rules. On 18 January 1988, the Director—General of the
National Police Headquarters instructed the police, to respect the human
rights of criminal suspects as prescribed in the Code of Criminal Procedure”
when carrying out investigations and stressed the importance of education and
training. The Special Rapporteur was informed by the present Director—General
of the Investigations Bureau of the National Police Headquarters that several
courses were given in the field of investigation tecthnigues, with great
emphasis on the prevention of human rights violations. Complaints about
torture or ill—treatment were investigated with all due attention: he
mentioned that during the past year, 160 cases had been reported, of which 57
had been found admissible. lie referred to two recent cases of alleged torture
inflicted or cannon criminals, where the police officers responsible had been
relieved of their posts and had been held for further investigation. In that
respect, it was also stressed that not only the police officers actually
involved in torture practices were punished, but that in various cases
measures had also been taken against their superiors.
202. The authorities of the Republic of Korea have indicated to the
Special Rapporteur that it is the firm intention of the Government to becace
a party to the United Nations International Covenants on Human Rights and to
the United Nations Convention against Torture and Other Porms of Cruel,
Inhuman or Degrading Treatrient or Punishment, preferably without any
reservations, andthat it envisages recognizing the right of individual
couplaint under the latter Convention. It was sutinitted that the approval of
the National ILssembly would be sought for the ratification of those
instruments during the second half of 1988.
203. If the Government indeed continues its instructions to the authorities
throughout the country to couply strictly with the provisions of the national
legislation of the Republic of Korea safeguarding the rights of citizens. if
these national legal provisions are strengthened by the acceptarce of
obligations under international law and if violations of these obligations are
severely punished, there are good ctarres that the evil of torture will be
effectively eradicated in the Republic of Korea.
E/C4. 4/1989/15
page 42
204. Diring discussions with representatives of professional and other
non—goverr aental organizations and private individuals, however, the
Special Rapporteur was told that there were sone shortcomings in the
infrastructure Which prevented the legal system frciu working effectively. tn
particular, it was pointed out that the prosecutors' offices were understatfed
and therefore were not in a position to carry out their function
satisfactorily with regard to coiTpliarye with the 48—hour rule and the 1.0—day
term, or the inspection of places of detention. The lack of personnel could
also be detrimental to the proper conduct of investigations regarding
ccsnplaints about ill—treatment.
205. In the latter respect, it was also pointed out that the reactivation of
the human rights counselling offices in the prosecutors' offices had not been
very effective so far. Doubt was expressed as to whether people would make
use of them, since a certain mistrust existed with regard to such counselling
offices as they were part of the prosecutors offices. It should not be
forgotten that, in the past, abuses had occurred under the responsibility of
the prosecutor, who was the official supervising the police force.
206. Concern was also expressed over the risk of physical abuse bY the
authorities during and after the often violent confrontations between the
police forces and demonstrating students. It was feared that such
confrontations, whi were indeed often unusually violent, could easily lead
to undue use of physical force and physical int imidation when arrests were
made.
207. It was aLso brought to the attention of the Special Rapporteur that some
acts, punishable under the National Security Law and the Law on Assemblies
and Denonstrations, were defined so loosely that arbitrary arrests might
easily result, in turn leading to abuses on the part of the authorities. The
Special. Rapporteur was also informed that some of the so-called ‘undeuocratic
laws' were currently under discussion in the National Assembly with a view to
revising or repealing them.
208. within this context some adaptations of legal provisions aal sojie
measures to strenghthen the existing machinery may be recougnended,
(a) Measures of a disciplinary or penal character should be taken against
police officials who have violated the arrested person's right of prctapt
access to a lawyer and the obligation to inform the arrested person's
relatives,
(b) The 48—hour rule and the 10—day period should be strictly observed.
In this respect, the instruction to the police that a case must be brought
before the prosecutor within seven days rmist be welconEd ;
( C) All criminal investigations should be carried out in officially
recognized locations. Evidence obtained from the detainee in other places
should not be admitted ass evidence in courts
(d) The staff of the prosecutor's offices should be strenghtened in order
to enable the prosecutors to carry out their obligation satisfactorily under
article 198, 2 of the Code of Criminal Procedure, to inspect places of
detention under their jurisdiction regularly and to carry out investigations
if a coirplaint about alleged unlawful detention or about torture or
E/CI. 4/1989/15
page 43
ill—treatment has been lodged. In this context, it is asswned that the
prosecutors also have the conpetence to visit places of detention, other than
police stations, where suspected persons may lawfully be held, since all
criminal investigations are carried out under their responsibility.
Strengthening the staff of the prosecutor's offices also seems necessary, in
order to enable the prosecutors to corr 1y strictly with the 48—hour rule and
the 10—day period;
(e) Training prograunes for law enforcer nt personnel focused on respect
for human rights should be a matter of high priority;
(f) The hunmn rights counselling offices could be given an independent
status. If this proves to be impossible, an independent body should be
established, where citizens can bring complaints about violations of their
human rights, including torture or ill—treathient. Whenever a cc*nplaint about
torture has been brought and found justified, the official who has abused his
authority should be severely punished in accordance with the current practice,
initiated at the beginning of 1988;
(g) Speedy ratification of the International Covenants on Ruffian Rights
and of the united Nations Convention against torture and Other Cruel, Inhimrnn
or Degrading Treatmnt or Punishment i Ould be a inningful contribution to the
prevention and suppression of torture.
C. Visit to Thrkey
1. Background, legal and institutional framework
209. airing the latter part of the l970s Turkey went through an extremely
turbulent period. Right—wing and left—wing factions fought each other in
an eruption of ever—increasing violence, leading to the death of gore than
5,000 people, On 12 September 1980, the armed forces intervened and, until
the end of 1983, when general elections were held, Turkey was under military
rule. Since that time, civilian rule has been gradually restored, in July
1987, rrertial law was lifted in the last five provinces where it had been in
effect. After the military take—over thousands of people were arrested.
Although some estimates are as high as 250,000, the Turkish Association for
fiwuan Rights has certified at least 65,000 cases. It was reported that the
majority of those arrested were subjected to torture. At the trials which
were held later, and are still being held, the majority of the accused stated
that their confessions had been extracted by torture.
210. When the present Government came into power in 1993, it coninitted itself
to respect and guarantee human rights. On the international level, it took
some highly significant steps to strengthen the protection of human rights.
Already a party to the 1966 United Nations International Covenants on Human
Rights as well as to the European Convention on Human Rights, it recently
ratified the thiited Nations Convention against lbrture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, which entered into force for
turkey on 1 September 1988. and the European Convention for the Prevention
of Torture and Inhuman or Degrading Treatment or Punishnent. this latter
Convention, concluded in the context of the Council of Europe, provides for
a system of periodic visits by independent experts to all places of detention
and will enter into force on 1 February 1999. As stated by the
Special Rapporteur in previous reports, such a system of periodic visits is
E/C4. 4/1989/15
page 44
one of the most effective instruments for the prevention of torture, and the
fact that the Turkish Government has declared that it is prepared to accept
su outside monitoring nast, therefore, be seen as an expression of its firm
decision to eradicate the evil of torture. Another highly iiiiportant step was
taken in January 1987, when Thrkey recognized — be it under certain conditions
— the right of individual complaint under the European Convention on Human
Rights whicth, inter alia in its article 3, states that no one shall be
subjected to torture or to inhuman or degrading treatment or punishment.
211. in view of these strong coanftitlients, it is all the Irore remarkable that
reports about torture being practised continue uninterruptedly, although the
nuirber of arrests has decreased considerably since the civilian Government
took over frcn the military. It is alleged that those who are arrested are
often subjected to torture, in particular during the earlier stages of the
investigation. The Turkish daily papers regularly report alleged cases of
tortures torture is a hotly debated issue in parliament and various ne,rüers
of parliament and leading politicians have frequently stated that torture is
still widespread in the country.
212. The Special Rap rteur hinself continues to receive allegations, though
they no longer refer to torture practised in prisons, but exclusively to the
practice of torture in police stations.
213. Under the law, a person can be arrested and held in custody for a period
of 24 hours without ctharge. The public prosecutor has to be informed
imediately of the arrest. It the person is not released after 24 hours, the
period of detention may be extended to 15 days by court order. If, however,
the offence is connitted by three or more persons collectively, detention for
up to 15 days is possible without a court order. For offences involving State
security, the period of 15 days can be extended to 30 days. After that
period, the detainee has to be arraigned before a judge or released.
214. tEring this entire period, the detainee i y be kept incoinuunicado. The
Special Rapporteur was informed that if the arrested person already had a
lawyer at the time of arrest, the police were legally obliged to give the
lawyer access to the detainee after the 24—hour period, if the lawyer so
requested. It was admitted, however, that, although the rule existed, police
personnel were not well aware of it, and that therefore administrative
instructions should clarify the procedure. It was also said that the family
of the detainee had a similar right. It was sutnitted, on the Other hand,
that those rules might also be ineffective because a lawyer or the family were
generally not aware that a person had been arrested, let alone where he was
detained.
215. When an arrested person does not have a lawyer at the time of arrest, he
is only allowed to appoint one after the period of 15 or 30 days.
216. When asked by the Special Rapporteur why the detainee did not have an
opportunity to appoint a lawyer ininediately after his arrest, the reply was
that it was quite coninon for a lawyer to be chosen who belonged to the same
political group or faction, and that contacts between the detainee and the
lawyer during the preliminary steps of an investigation could easily lead to
valuable evidence being destroyed and to the leaking of important information.
E/a4. 4/1989/15
page 45
217. If, after the period of inconinunicado detention, the detainee brings a
coirplaint about torture, he has to be examined by a public health officer
inv ediate1y. The Special Rapporteur was told that counter—expertise by a
doctor of the detainee's o n choice was not admitted as evidence of torture.
During his talks with the Board of the Turkish Medical Association, the
opinion was expressed that the public health officers were generally not
trained to examine patients subjected to torture and to recognize cases of
torture. One of the doctors present told the Special Rapprteur that he
himself had been instructed to carry out such examinations when serving in the
army, but that after a certain period he had asked to be discharged from such
duties since he did not consider himself qualified to perform it
satisfactorily. It was suggested that an independent body of qualified and
experienced doctors (e.g. to be appointed by the Medical Association) should
be established and authorized to carry out professional investigations of
claims of torture.
218. When an accused person states during a trial that his confession was
obtained by torture. that he has filed a complaint against the alleged
torturer with the public prosecutor and that his confession should not be
accepted as evidence, it is not necessary for the court to await the verdict
in the case opened against the official who allegedly carried out the
torture. Unless it is prima facie clear that torture has been used, (in which
case the accused person ITust be acquitted) • the main trial can continue and be
concluded. In the event that in an appeal the court finds that torture has
been practised, the case is sent back to the court of first instarce and the
trial is reopened. It was asked why the court itself was not obliged to
investigate the accusation of torture and the answer was that that would cause
undue delay. The judiciary system had already been criticized for being too
slow and it had therefore been decided to open parallel cases on the torture
ccaplaints.
219. On the other hand, concern was expressed that this way of handling
torture cctnplaints could result in a long period of detention or imprisonment
whith could afterwards prove to be unjustified. Some cases were cited in
which persons had spent several years in prison before it was concluded that
evidence had been obtained under torture.
220. After parliamentary approval of the United Nations Convention against
Torture and its publication in the Official Gazette of 10 August 1988,
article 15 of the Convention was invoked by the defence in sane cases. This
article states that each State party shall ensure that any statenent whith is
established to have been made as a result of torture shall not be invoked as
evidence in any proceedings ... The reaction of courts to this plea has been
that, since this article addresses itself to State parties, its application
should not be regarded as falling within the competence of the court, but
rather as a matter falling within the ccinpetence of the legislature. In
discussions with representatives of the Thrkish Bar Association, concern was
expressed that that might lead to the rejection of appeals based on
article 15, with the argun nt that internal legislation iwst be changed before
article 15 could be applied and that, consequently, the applicability of the
convention would be seriously weakened.
E/CN.4/ 1989/15
page 46
221. If a torture couplaint is made, the public prosecutor is obliged to carry
out an investigation. If the evidence is sufficient, a criminal case must be
opened. If the prosecutor is of the opinion that there is not enough
evidence, the case will be dismissed. The individual can then appeal against
this decision.
222. i1though the figures given by various authorities do not coincide, it is
clear that investigations have been cat tied out concerning torture cooplaints
against a large nuirber of nerthers of the security forces, and that well over a
hundred of them have been on trial. During his visit, the Special Rapporteur
asked the authorities to provide him with recent data, but he has not yet
received them. in 1987, the Special Rapporteur was informed by the Turkish
authorities that legal action had been taken in 1986 against 1,459 public
officials accused of maltreatment of individuals and that 100 of them had been
convicted. In that saii year, the special Rapporteur received information
that, in the period frau 1980 until 26 y 1987, 1,513 persons had been
indennified for having been arrested or detained in a manner that was not in
conformity with the law.
223. Concern was expressed on various sides that only a minority of the
reliably attested cases of torture had been brought to court and that the
penalties irrçosed were usually relatively light. ‘Ito many couplaints had been
swimiarily dismissed. During his visit, the Special Rapporteur received
informatiort to the effect that two leaders of the banned CogEaunist Party,
Haydar Kutlu and Nihat Sargin, who had returned to their country frau exile on
16 Novenber 1987 but were iranediately arrested at the airport, had filed a
petition with the European Connission of Ht.uoan Rights after their torture
couplaints had been dismissed in Turkey.
224. Torture is not a separate crime under turkish penal law. If a person is
tortured and subsequently dies, this is categorized as manslaughter and is
punishable by eight years' imprisonment, whereas in other cases punisSient may
range from three to five years. At present, the Criminal Code is being
revised and it has been proposed that the penalty for torture should be
increased up to 16 years in cases where it results in death.
225. Complaints about prison conditions have been made quite regularly, and
from time to time lead to hunger—strikes by prison inifates. In 1987, a
parliamentary coimuittee was set up to supervise the prison situation and the
treatgent of prisoners. The comnittee regularly visits prisons and can make
recormuendations. As a result of one of these recorguendations, it was decided
to transfer all civilian prisoners held in military prisons to civilian
prisons. Such visits can also have a preventive effect on the occurrence of
torture.
226. Since 1983, education and training prograraaes for police personnel have
been revised and updated. Ilccording to the information received, h*suan rights
are now an iriportant pert of the curriculum. The Special Rapçorteur has
visited the Police High School in Ankara and was inforued about the teaching
progranme. Human rights is taught as part of constitutional law. When asked
whether the Code of Conduct for Law Enforc oent Officials and the Standard
Mininum Rules for the Treatment of prisoners were anong the material used, the
Director of the School answered that he did not know of those documents.
E/QJ. 4/1989/15
page 47
2. Evaluation and recormiendations
227. The tragic events of the late 1970s and the military rule of the early
1980s have left their scars on public life all over the country. A great
nunter of persons who were arrested many years ago have either not yet been
sentenced or are awaiting a decision in appeal procedures. The slowness in
the administration of justice, caused by the fact that mass trials, sorrietines
of over 300 defendants, are held, is in itself a matter for concern. The
Special Rapjx'rteur was told that some persons who had been in prison since the
beginning of the l980s would probably receive their appeal decisions only in
the early 1990S.
228. The coverage given to these trials by the press, the controversies to
which they lead and the incidents which take place at court sessions are all
factors which contribute to the fact that the events of the past will
determine public life for a considerable time to cane, and have thus cast
their shadows far ahead. Much of what happens today, including the arrests of
persons who are considered to be a threat to the security of the State and to
public life in general, has its roots in the past.
229. Present—day Turkey is a society in which lively public debate takes
place, and one of the nost hotly debated issues is that of human rights. This
debate ranges fraa subjects such as the broad definition of punishable
offences with regard to the security of the State under the Criminal Code, at
present under revision, to the right to establish trade unions or the right of
associations to take political stands. In this hunan rights debate, the irost
sensitive element undoubtedly is the issue of torture, where the wounds of the
past seem to be particularly raw.
230. Tharing his visit, the Special Rapporteur was given the opportunity to
acquaint himself with the viewpoints of all groups taking part in that
debate. Apart from widely—ranging consultations with the authorities, he met
representatives of professional and other non—governmental organizations. He
was allowed to visit a civilian and a military prison where he had lengthy
talks with the prison authorities as well as with prison inmates.
231. The organization of his visit by the authorities to a certain extent
reflects the way in which human rights issues are currently being discussed.
232. From all these contacts, it became clear to the Special Rapporteur that
torture was regularly practised in the past. The great nuither of
investigations which have been carried out is in itself indicative. That
torture has not yet been fully eradicated is also quite clear and is in fact
denied by nobody. The extent to which it still occurs, however, is highly
controversial, the authorities claiming that most of the allegations are maae
for political reasons to sn*ar government officials, whereas representatives
of opposition parties and of professional and other non—governmental
organizations state that the practice of torture is still widespread. It was
suthUtted that this was particularly the case in the eastern part of Turkey,
where the CovernIl nt and the armed forces are confronted with a Kurdish
guerrilla movement and where the local population is severely harassed by both
the guerrilla novenent and the security forces.
E/CN. 4/1989/15
page 48
233. M has been said before, the Governifent of T irkey has taken highly
significant measures at the international level to pranote respect for
human rights in general arid the prohibition of torture in particular. The
Special Bapporteur feels that these measures could be supplemented in a
meaningful way by taking measures at the national level. The following
recorm.endations may, therefore, be made;
(a) It is a well known fact that torture talces place irost frequently
during periods of inconnunicado detention. In all previous reports the
Special Raporteur has reconnended the abolition of incoimiunicado detention.
Be may, therefore, reconaend to the Turkish Goverrn ent that it should
introduce legal provisions guaranteeing that an arrested person has the right
to have a lawyer appointed within 24 hours of his arrest. If the authorities
feel that the arrested person cannot be allowed to appoint a lawyer of his own
choice for the reasons mentioned in paragraph 216, he should be given the
opportunity to appoint a lawyer from a list drawn up by an independent
professional organization. Once a lawyer has been appointed, he should be
given regular access to the detainee throughout the whole period of detentions
(b) If a person files a caaplaint that he has been tortured during his
detention, medical examination of that person could be entrusted to a doctor,
chosen fran a panel of qualified and experienced physicians; such a panel
could be established by an independent professional organization;
(c) The investigation of torture ccfltplaints could be carried out by an
independent (ombudsman—type) body whith, after the investigation is concluded .
would transmit the case to the public prosecutor for further action (either
dismissal or court action)
(d) Implementation of recouTnendations (b) and Cc) would strengthen the
feeling that torture cauplaints are taken seriously. It would also serve to
prevent the filing of unfounded couplaints ;
Ce) In cases where a caaplaint of torture has been found to be correct,
severe penalties should be iiiposed;
(f) Evidence obtained by torture should under no circuflEtarces, be
admitted in court, nor should it be accepted as supplementary evidence. No
one should be convicted on the basis of evidence which has allegedly been
obtained by torture, unless the allegation is manifestly unfounded;
(g) Training prograumes for law enforcement personnel should give high
priority to the necessity of respecting basic human rights under all
circunctances. In this context it may be reconmended that the Code of Conduct
for Law Enforcement Officials and the Standard Minimum Rules for the Treathent
of Prisoners should be translated into ThrUsh and used as material in the
teaching prograugnes.
E/Q . 4/1989/15
page 49
IV. ADVISORY SERVIC
234. The Special Rapporteur is of the view that the progranrie of advisory
services and technical assistance are of vital significance to his mandate.
In the same context, the Contission of Human Rights adopted at its
forty—fourth session resolution 1988/54 entitled “Advisory services in the
fiela of human rights”, by wtiith it requested its special rapporteurs and
representatives to include in their reconinendations, whenever appropriate,
proposals for specific projects to be realized under the prograirme of advisory
services. The Special Rapporteur has observed that the thematic mandates,
suth as the one on the question of torture, have, in the past three years ,
expanded in scope. The task of receiving written and oral information and its
transmission to &ivernrnents for information and action has ntved into two new
phases, one cmplementary to the other: on—site consultations and requests
for assistance.
235. In the course of all his visits, without exception the Special Rapporteur
received repeated appeals for assistance and advisory services.
236. Taking into account different situations, the Special Rapporteur is of
the view that the Centre for Human Rights could assist Governments either to
correct a given situation or to prevent the recurrence of past errors.
237. In countries where civil strife prevails, every effort should be made by
the international coiwnunity to spare the physical and r. ntal integrity of the
individual and to help newly elected Governnents to correct a situation which
may lead to a state of lawlessness. Therefore the following prograrilues are
reconraended,
(a) Courses in international hurianitarian law on situations related to
internal conflicts;
(b) prototype regulations to safeguard human rights under states of
emergency;
Cc) courses for medical associations on norms for the conduct of medical
personnel, having regard to the role that the medical profession may play in
the practice of torture,
(d) Courses for magistrates and law enforcemant officials on awaro and
habeas corp s procedures.
238. In countries where the military authorities have taken power in the
recent past, courses on preventive measures may be envisaged. In fact,
instruction progrannes for security personnel, with euphasis on training for
the correct approach to respect for the human rights of the individual, have
already been requested by soRe countries. The Special Rapporteur considers
that courses related to provisions contained in international intruments,
specifically those contained in the new Convention against ‘lbrture, are
indispensable.
E/Q . 4/1989/15
page 50
V. R ICI 44E1CAP IONS
239. The great majority of allegations received by the Special Rapporteur
refer to torture practised during incogsaunicado detention. It see1 ,
therefore, that a formal prohibition of inconnunicado detention would greatly
reduce the number of reported cases of torture.
240. In this context, the following recomnendations are made, which are in
conformity with the Declaration of Basic Principles of Justice for victinc of
Crime and Abuse of Power, adopted by the General Assembly in resolution 40/34.
241. legal provisions prescribing that a person shall be given access to a
lawyer not later than 24 hours after he has been arrested usually function as
an effective ren dy against torture, provided con liaite with such provisions
is strictly monitored. Security personnel who violate such provisions should,
therefore, be severely disciplined. A useful supplementary provision would be
the obligation to inform the relatives of an arrested person within 24 hours
of both the arrest and the place where the detainee is being held.
242. At the time of his arrest, a person should undergo a medical inspections
such an inspection should be repeated regularly, but in any case should be
caupulsory whenever a detainee is transferred fr a n one place of detention to
another.
243. Since ilany allegations refer to situations in whi the victim of torture
was blindfolded or the interrogators were made unreco izable, each
interrogation should be initiated with inderttification of all, the persons
present.
244. Interrogation of detainees should only take place at official
interrogation centres. Bvidence obtained fr a n the detainee in other places
and not confirmed by him during interrogation at official locations should not
be admitted as evidence in court.
245. Independent bodies should be established whi i may regularly inspect
places of detention and may speak confidentially with the detainees. Such
bodies should report wblicly on their findings.
246. Each detainee should be able to initiate proceedings before a court on
the lawfuLness of his detention, in conformity with article 9, paragraph 4, of
the International Covenant on Civil and Political Rights. It is reco ,m ended
that this ri t should also be recognized under a state of siege or
emergency. The right of habeas corpus should be strictly respected in all
circunctances and should never be su ended.
247. The Code of Conduct for Law Enforcement Officials and the Standard
Minintin Rules for the Treatment of prisoners should be translated into the
national language and used as teaching material during training courses for
law enforcement personnel. In particular, such personnel should be instructed
on their duty to disobey orders received fr an a superior to practise torture.
