Aadel Collection
Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak
UNITED
NATIONS
General Assembly
Distr.
GENERAL
A/HRC/4/3 3/Add. 1
20 March 2007
Original: ENGLISH / FRENCH /
SPANISH
Fourth session
Agenda item 2
IMPLEMENTATION OF GENERAL ASSEMBLY RESOLUTION 60/251
OF 15 MARCH 2006 ENTITLED “HUMAN RIGHTS COUNCIL”
Report of the Special Rapporteur on torture and other cruel, inhuman or
degrading treatment or punishment, Manfred Nowak
Addendum
Summary of information, including individual cases, transmitted
to Governments and replies received
The present document is being circulated in the languages of submission only as it greatly exceeds the page
hmitations currently imposed by the relevant General Assembly resolutions.
A
Human Rights Council
GE.07-1204 1
AIHRC/4/33/Add. 1
Page 2
Contents
Paragraphs Page
Summary of allegations transmitted and replies received 1-341 1
Introduction 1-5 4
Mandate abbreviations 6
Algeria 1-4 8
Argentina 5 11
Azerbaijan 6-7 13
Bahamas 8 16
Bahrain 9 17
Bangladesh 10-13 19
Belarus 14-16 26
Bhutan 17 34
Burundi 18-20 35
Cambodia 21-22 38
Cameroon 23 39
Chad 24 40
Chile 25-27 41
China 28-47 45
Colombia 48-50 71
Congo 51 76
Costa Rica 52 77
Democratic People's Repbulic of Korea 53-54 77
Democratic Republic of the Congo 55-62 81
Egypt 63-66 90
Eritrea 67 95
Ethiopia 68-70 95
Gambia 71-72 98
Georgia 73-74 99
Germany 75 101
India 76-84 101
Indonesia 85 108
Iran (Islamic Republic of) 86-114 109
Iraq 115-120 130
Israel 121 140
Jordan 122-123 141
Kazakhstan 124-125 141
Kyrgyzstan 126-131 143
Libyan Arab Jamahiriya 132-134 148
Malaysia 135 151
Maldives 136-138 151
Mauritania 139 156
Mexico 140-146 157
Morocco 147-149 166
AIHRC/4/33/Add. 1
Page 3
Paragraphs Page
Mozambique . 150 171
Myanmar . 151-153 172
Nepal . 154-204 175
Niger . 205 195
Pakistan 206-212 196
Peru 213 201
Philippines 214-216 204
Qatar 217 207
Republic of Moldova 218-219 209
Russian Federation 220-238 212
Saudi Arabia 239 245
Solomon Islands 240 246
South Africa 241 246
Spain 242 250
Sri Lanka 243-269 251
Sudan 270-278 269
Syrian Arab Republic 279-29 1 279
Tajikistan 292 288
Tanzania 293 291
Thailand 294-298 291
Tonga 299 294
Tunisia 300-306 296
Turkey 307-3 10 304
Turkmenistan 311-314 308
Uganda 315 314
Ukraine 316 314
United Arab Emirates 317-318 316
United Kingdom of Great Britain and Northern Ireland 319 317
United States of America 320-326 318
Uzbekistan 327-333 327
VietNam 334 335
Yemen 335-339 336
Zimbabwe 340-341 339
Appendix — Model questionnaire for submission of cases 342
AIHRC/4/33/Add. 1
Page 4
Introduction
1. This addendum to the report of the Special Rapporteur contains, on a country-by-country
basis, summaries of reliable and credible allegations of torture and other cruel, inhuman or
degrading treatment or punishment that were brought to the attention of the Special Rapporteur,
and were transmitted to the Governments concerned. It also contains replies from Governments.
This addendum does not illustrate the state of torture and other cruel, inhuman or degrading
treatment or punishment throughout the world, but rather reflects the state of information
brought to the attention of the Special Rapporteur.
2. The Special Rapporteur would like to recall that in transmitting these allegations to
Governments, he does not make any judgement concerning the merits of the cases, nor does he
support the opinion and activities of the persons on behalf of whom he intervenes. The
prohibition of torture and other cruel, inhuman or degrading treatment or punishment is a
non-derogable right, and every human being is legally and morally entitled to protection. When
the Special Rapporteur receives reliable and credible information that gives grounds to fear that a
person may be at risk of torture or other forms of ill-treatment, he may transmit an urgent appeal
to the Government concerned. The communications sent by the Special Rapporteur have a
humanitarian and preventive purpose, and do not require the exhaustion of domestic remedies.
Governments are requested to clarify the substance of the allegations, take steps to protect the
person's rights, and are urged to investigate the allegations and prosecute and impose appropriate
sanctions on any persons guilty of torture and other cruel, inhuman or degrading treatment or
punishment.
3. During the period under review, i.e. from 16 December 2005 to 15 December 2006, the
Special Rapporteur sent 79 letters* of allegations of torture to 35 Governments and 157 urgent
appeals* to 60 Governments on behalf of persons who might be at risk of torture or other forms
of ill-treatment. Government responses received up to 31 December 2006 have been included.
The responses received after that date will be duly reflected in a future communications report.
4. The Special Rapporteur appreciates the timely responses received from Governments to
the letters and urgent appeals transmitted. He regrets that many Governments fail to respond, or
do so selectively, and that responses to older cases remain outstanding in large part.
5. Owing to restrictions on the length of documents, the Special Rapporteur has been
obliged to reduce considerably details of communications sent and received, with attention given
to information relating specifically to allegations of torture and other cruel, inhuman or
degrading treatment or punishment. As a result, requests from Governments to publish their
replies in their totality could not be acceded to. Moreover, attention is given to information in
Government replies specifically relating to the allegations, particularly information on the
following:
(a) What steps were taken to ascertain the veracity of the facts alleged?
• Includes joint action with other special procedures of the Commission on Human Rights. General statistical
information on communications sent by special procedures in 2005 is available on OHCHR website
http ://www. ohchr. org.
AIHRC/4/33/Add. 1
Page 5
(b) Has a complaint been lodged by or on behalf of the alleged victim?
(c) The details, and where available the results, of any investigation, medical examinations,
and judicial or other inquiries carried out in relation to the case.
(d) Full details of any prosecutions which have been undertaken (e.g. penal, disciplinary or
administrative sanctions imposed on the alleged perpetrator(s)).
(e) What compensation and rehabilitation have been provided to the victim or the
family of the victim?
AIHRC/4/33/Add. 1
Page 6
Abbreviations
TOR
Special Rapporteur on torture and other cruel, inhuman or degrading
treatment or punishment
FRDX
Special Rapporteur on the promotion and protection of the right to freedom
of opinion and expression
HRD
Special Representative of the Secretary-General on the situation of human
rights defenders
SUMX
Special Rapporteur on extrajudicial, summary or arbitrary executions
IND
Special Rapporteur on the situation of human rights and fundamental
freedoms of indigenous people
WGAD
Working Group on Arbitrary Detention
HLTH
Special Rapporteur on the right of everyone to the enjoyment of the highest
attainable standard of physical and mental health
IJL
Special Rapporteur on the independence of judges and lawyers
FOOD
Special Rapporteur on the right to food
RINT
Special Rapporteur on freedom of religion or belief
VAW
Special Rapporteur on violence against women, its causes and
consequences
EID
Working Group on Enforced or Involuntary Disappearances
EDU
Special Rapporteur on the right to education
MIN
Independent Expert on minority issues
RACE
Special Rapporteur on contemporary forms of racism, racial discrimination,
xenophobia and related intolerance
SALE
Special Rapporteur on the sale of children, child prostitution and child
pornography
TRAF
Special Rapporteur on the human rights aspects of the victims of trafficking
in persons, especially women and children
TERR
Special Rapporteur on the promotion and protection of human rights and
fundamental freedoms while countering terrorism
AL
Allegation letter
AIHRC/4/33/Add. 1
Page 7
JAL
Joint allegation letter
UA
Urgent appeal
JUA
Joint urgent appeal
A/HRC/4/33/Add. 1
Page 8
Para
Country
Date
Type
Mandate
Allegations transmitted
Government Response
1.
Algeria
14/03/06
JUA
TOR;
WGAD
Mohamed Benyamina, citoyen algerien resident
en France, et son neveu, Madjid Benyamina, de
nationalité française. M. Mohamed Benyamina et
M. Madjid Benyamina auraient été arrétés le
9 septembre 2005 a l'aeroport d'Oran par des
policiers habillés en civil. Les deux hommes
auraient été séparés aprés que leurs identités
aient été confirmées. L'arrestation se serait
produite au moment de leur sortie d'Algerie a Ia
fin d'une visite de famille. Madjid Benyamina
aurait été libéré aprés quatre jours de detention et
serait retourné en France. Selon lui, des membres
des forces de sécurité algeriennes lui auraient dit
que son oncle avait été arrété a Ia demande du
Gouvernement français. Sa presence en Algerie
aurait été signalee par Ia Direction française de Ia
surveillance du territoire. Durant ses quatre jours
de detention, les agents auraient interroge
Monsieur Madjid Benyamina sur Ia vie de son
oncle en France et lui auraient dit qu'il était
suspecte d'appartenir a une organisation
terroriste. Ni Ia famille de Mohammed Benyamina
ni son avocat n'auraient obtenu des informations
sur sa situation ni sur le lieu de sa detention.
Selon le registre judiciaire, il n'a été presente a
aucune autorité judiciaire. Six mois aprés son
arrestation, on ne connaItrait toujours pas son lieu
de detention.
AIHRC/4/33/Add. 1
Page 9
Para
Country
Date
Type
Mandate
Allegations transmitted
Government Response
“V” et “I”, citoyens algeriens, ont été qualifies de
“terroristes internationaux soupçonnés”
(suspected international terrorists) par les
autorités britanniques, sur Ia base d'informations
confidentielles produites par les services de
renseignement. Ces informations n'ont été
communiquées ni aux individus en question, ni a
leurs avocats, qui ont donc été dans l'impossibilite
de les contester. Les deux individus étaient
détenus dans une prison de haute sécurité. Ces
individus ont été expulses de Grande Bretagne
par les autorités britanniques vers l'Algerie, les 16
et 17 juin respectivement, pour cause de danger
a Ia sécurité nationale pose par ces individus au
Royaume-Uni. Les deux individus seraient
détenus dans un endroit garde secret depuis leur
retour en Algerie, et us n'auraient pas pu entrer en
contact avec leurs families, en violation du droit
algerien, et ce malgré des assurances données
par le consulat algérien a Londres attestant qu'ils
n'étaient pas recherchés par Ia police en Algérie
et qu'ils seraient relächés aprés quelques heures
passées au commissariat de police de l'aéroport
pour remplir des formalités. Ces deux individus
seraient détenus par une agence de
renseignement militaire, le Département du
Renseignement et de Ia Sécurité (DRS),
spécialisé dans les interrogatoires d'individus
possédant des informations liées au terrorisme.
Par une lettre datée du 10/07/06, le
Gouvernement a répondu qu'après examen de
situation et verifications d'usage, V et I
sont libres de leurs mouvements et ont rejoint
leurs families.
2.
26/06/20
06
JUA
TERR;
TOR;
A/HRC/4/33/Add. 1
Page 10
Para
Country
Date
Type
Mandate
Allegations transmitted
Government Response
3.
20/07/06
UA
TOR;
Abdelmajid Touati. Le 18 mars 2006, M. Touati
aurait été arrété par les services de sécurité a
Tiaret. Depuis, ii aurait été détenu au secret et sa
famille n'aurait pas Pu obtenir d'information a son
sujet. II est suppose étre incarcéré a Ia caserne
de Ben-Aknoun. Etant donné Ia detention
incommunicado, de sérieuses craintes ont été
exprimées quant a l'integrite physique et mentale
de M. Touati.
Par une lettre datée du 13 octobre 2006, le
Gouvernement a repondu que le 6 avril 2006,
les services de Ia police judiciaire ont procede
a l'arrestation d'un groupe terroriste dans
lequel se trouvait le dénommé Abdelmadjid
Touati alias Abou Moutna . Du fait que les
activités du dénommé Abdelmadjid Touati
constituent selon Ia legislation algerienne une
atteinte a l'ordre public, le 18 avril 2006 une
mesure d'assignation a été prononcée a son
encontre par le Ministére de l'lntérieur et des
Collectivités locales en vertu de Ia legislation
sur l'état d'urgence. Dans ce contexte, Ia
situation d'Abdelmadjid Touati ne constitue pas
une detention arbitraire. Les regles de Ia garde
a vue ont été scrupuleusement observées et
son integrite physique n'a, en aucun cas, été
menacée.
4.
Follow-
up to
past
cases
M. Bellatrêche, Mme. Saker, M. Arab, Mme.
Vous, Mme. Ferhati, Mme. Nekrouf, et des
families de disparu(e)s constantinoises
(E/CN.4/2006/6/Add.1, par. 2).
Par une lettre datee du 04 janvier 2006, le
Gouvernement a repondu que Ia manifestation
du 22 septembre 2005 a Constantine etait
destinee a empécher le bon deroulernent d'une
rencontre organisee par le Chef de l'Etat dans
le cadre de Ia Charte pour Ia paix et Ia
reconciliation nationale. Les personnes
interpellees pour avoir essaye d'empécher
illegalement un rassemblement pacifique ont
ete relachees quelques heures plus tard. Les
interpellations ont ete effectuees dans le strict
respect de Ia loi et des reglementations en
vigueur pour eviter les troubles a l'ordre public.
AIHRC/4/33/Add. 1
Page 11
Para
Country
Date
Type
Mandate
Allegations transmitted
Government Response
5. Argentina 01 /09/06 JAL SUMX; Sebastian Alejandro Hormazabal, Diego
TOR; Ferranti Lucero y Gerardo Gómez Gonzalez.
El 17 de junio de 2006, el Sr. Hormozabal fue
encontrado muerto en Ia Penitenciaria de
Mendoza (Pabellôn 9, celda 16) como
consecuencia de heridas mUltiples causadas por
un instrumento corto-punzante. El 18 de junio de
2006, se encontraron los cadãveres de los
reclusos Diego Ferranti Lucero y Gerardo Gômez
Gonzalez en un patio del Pabellôn 16 de maxima
seguridad. Los dos reclusos habrian sido
trasladados horas antes desde Ia cãrcel de
Côrdoba y su traslado se deberia a que el martes
siguiente iban a declarar ante el juez que instruye
Ia causa por un motin ocurrido en Mendoza en el
año 2000. SegUn Ia informaciôn recibida ambos
reclusos habrian sido apunalados y degollados.
De acuerdo a nuestras fuentes, dichas muertes
no constituyen hechos aislados, sino que se dan
en un contexto reiterado de violencia y denuncias
de violaciones a los derechos humanos en las
cãrceles de Ia provincia de Mendoza. SegUn Ia
informaciôn recibida, desde el año 2000 han
muerto mãs de 40 internos en dependencias del
Sistema Penitenciario Provincial, con 22
fallecimientos registrados entre febrero 2004 y
noviembre 2005. Los nombres de los fallecidos
son Roberto Damián Alaniz Morales, Pablo
Javier ArgUello Quiroga, Alejandro Camargo
Quiroga, Roy Carreno Contreras, Marcelo
Camargo Quiroga, Angel Patricio Castro
Irazoque, Luis Cuellar Vazquez, Esteban
Apolinario Garcia Contrera, Marcelo Javier
A/HRC/4/33/Add. 1
Page 12
Para
Country
Date
Type
Mandate
Allegations transmitted
Government Response
Manrique Inglés, Federico Daniel Naranjo
Nievas, Javier Orlando Chacón Araujo, Sergio
Dario Reales Reynoso, José Alejo Falcon,
Javier Porras, Antonio Gualpa, Mario
Guillermo Andrada Molfa, Carlos Marcelo
Villaruel MurUa, Jorge Antonio Roldán di
Benedetto, RamOn Pedro Saenz, Sergio
Norberto Salinas Ares, Sergio César Sandes
Aguirre y Ricardo David Videla Fernández.
Diez de las personas arriba mencionadas habrian
muerto como consecuencia de heridas causadas
01 armas corto-punzantes, cinco 01 asfixia, uno
debido a graves quemaduras, dos por disparos de
arma de fuego durante un intento de fuga, uno
habria muerto electrocutado, un recluso habria
sido asesinado y luego descuartizado y otro
habria aparecido colgado de su cinturôn en su
celda. SegUn Ia informaciôn recibida, en
noviembre del 2005 solo existia avance en dos
investigaciones sobre estos fallecimientos.
Igualmente, se nos ha informado que las
condiciones de reclusiOn en las cãrceles de Ia
provincia de Mendoza son preocupantes. Existiria
un grave hacinamiento en condiciones de
insalubridad, escasez de agua potable y de una
atenciOn médica adecuada.
AIHRC/4/33/Add. 1
Page 13
Para
Country
Date
Type
Mandate
Allegations transmitted
Government Response
R. B., aged 17, M. G., aged 16, and D. P., aged
16, from the Village of Eni Genushli, near Baku,
who are currently being held at the third pre-trial
detention facility in Shuv lani, on the outskirts of
Baku, or in the Ranaman District police
administration building in Baku. On 14 March
2005, the three of them were detained and taken
to the 33rd police precinct in Surakhan, where for
two days they were subject to severe beatings
and other forms of torture by police officials and
officials from the office of the public prosecutor
(i.a. senior investigator and Surakhan District
prosecutor). All three were denied access to a
lawyer and to their parents during their initial
detention. Compelled by severe beatings, kicking
and threats, the boys were forced to sign
confessions and accusations against one another
for participation in the murder of Mr Vusal
Zeinalov on 15 February 2005, which they all
deny. R. B. faced additional beatings in June 2005
while he was in the third pre-trial detention facility
(SIZO) on the outskirts of Baku. The three of them
sustained bruises on their legs, feet, back, and
torso and suffer from pain in their heads and
stomachs. All of them suffer from psychological
trauma. As a result of the torture in March 2005,
R. B. suffered contusions on his head that
produced large bumps. None of them have
received adequate medical treatment. Currently,
the boys are being held at the third pre-trial
detention facility in Shuv lani in cells with 4 or 5
other boys and one adult. Ventilation and light in
the cell are poor, the quality of drinking water is
By letter dated 17/07/06, the Government
reported that criminal proceedings were
instituted against them on charges of
premeditated murder and an arrest warrant
was issued against them. The investigation
was conducted by Surakhany District and Baku
city Prosecutor's Offices and on 13 April 2006,
the criminal case was transferred to the Court
on Serious Crimes. On 15 July 2006, the
defence lawyer filed an application with the
Head Department of the Implementation of
Court Rulings of the Ministry of Justice, asking
for examination of complaints of violence in the
course of the investigation used against R. B.
while he was detained in investigative isolation
unit no. 3. As a result of the investigation it
was ascertained that the inspector of the
Surakhan District prosecutor's office had met
with defendant R. B. in investigative isolation
unit no. 3 on 23 June 2005, and submitted to
him the copy of the indictment against him.
During this meeting he asked R. B. to give true
testimonies at the court hearings and to testify
that he did not commit any violence and torture
against him. It was also ascertained that R. B.
did not apply either to the governing board of
the investigative isolator or the medical centre
on 23 June 2005 and on subsequent days. A
medical examination was conducted and no
signs of injury were discovered on his body or
internal organs. During the investigation,
supervisors of investigative isolation unit no. 3
indicated that R. B., after meeting with the
6.
Azerbaijan
07/04/06
JUA
WGAD;
IJL; TOR
A/HRC/4/33/Add. 1
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Para
Country
Date
Type
Mandate
Allegations transmitted
Government Response
bad and nutrition insufficient. They are allowed 5
inspector, said nothing about any violence,
to 10 minutes of exercise per day and do not have
torture or threat used against him on his way to
access to education. At times, they are being
the cell. At the same time they did not observe
taken to the Ranaman District police
any injuries on R. B.'s body. Defendant R. B.
administration building in Baku, where they are
explained that he had met with the inspector
held in isolation for up to 10 days, get only one
on 23 June 2005 in investigative isolation unit
meal per day and are not allowed to exercise at
no. 3 and the inspector asked him to give
all. They have been held in pre-trial detention for
objective testimonies during court hearings.
more than a year, pending the investigation that
After turning down this request, the inspector
has now been on-going for more than 13 months.
grasped R. B.'s right wrist, but committed
Officials have refused to investigate the
neither torture nor violence against him. Thus
allegations of torture.
the allegations of torture and violence
committed against defendant R. B. were not
confirmed. During the investigation of the
criminal case of R. B., M. G. and D. P., they all
underwent medical examinations, and
according to the forensic medical examination,
no injuries were discovered on their bodies. It
is impossible to draw any conclusions about
whether the “yellowish spot” indicated in R.
B.'s medical card is an injury or not, as no
registration of its pre-existing morphologic
signs had been conducted. The allegations of
violence against R. B. committed by inspectors
carrying out the investigation and by the police
officers of Surakhan District police department
n. 33 on 14 March 2005, were not confirmed
and neither R. B. nor the other defendants and
their lawyers filed any complaints on that issue
with the investigative agencies. Currently, the
Prosecutor's Office is closely following the trial.
Respecting its international obligations, the
State will ensure full, comphrehensive and
AIHRC/4/33/Add. 1
Page 15
Para
Country
Date
Type
Mandate
Allegations transmitted
Government Response
objective court proceedings against these
persons.
7.
Follow-
up to
past
cases
Sarvan
Sarhanov
(E/CN.4/2006/6/Add.1,
para.
4)
By letter dated 17/07/06, the Government
reported that, with a view to ensuring the
objectivity and comprehensiveness of the
investigation, Mr Sarhanov and other
members of Yeni Fikir were invited for
interrogation on 11 August 2005 and informed
about their rights and interrogated as
witnesses without any external pressure or
intervention. During the interrogation Sarvan
Sarhanov indicated that he was the member of
“Yeni Fikir” and was acquainted with some
members of that organization, but his activity
was limited to taking part in rallies.
Subsequently, information appeared in the
media that during interrogation he was beaten
by two investigators, offered to apply for
membership in “Yeni Azerbaijan Party”,
coerced into signing the transcript of the
interrogation and that he signed it with a
straight line. This information is not backed up
by any facts and is completely refuted by the
factual data of the case. Sarvan Sarhanov
freely signed the transcript of the interrogation,
at the end of which he indicated his remarks in
writing. The identities of the two alleged
investigators are not confirmed. After the
above-mentioned information was published in
the media, on 22 September 2005, Sarvan
Sarhanov was once again invited to
interrogation and in his confession he indicated
that there had not been any pressure against
A/HRC/4/33/Add. 1
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Para
Country
Date
Type
Mandate
Allegations transmitted
Government Response
him, nor any attempts to obtain testimonies
against anyone, and he had not been subject
to any physical or physiological threat during
the previous interrogation and in this regard he
did not complain to any foreign organization.
Furthermore, a special investigation was
launched and Sarvan Sarhanov underwent a
forensic medical examination and, as a result,
the information in the media was not
confirmed. The primary investigation of the
crime is underway.
8.
Bahamas
13 /10/06
UA
TOR
Alutus Newbold, aged 34. On 6 October 2006,
Alutus Newbold was sentenced to eight lashes
with a “cat-of-nine tails” (a device consisting of
nine knotted cords or thongs of raw hide attached
to a handle) and 24 years' imprisonment. He was
found guilty of burglary, attempted rape and
causing harm, after an attack on an 87-year-old
woman in her home in 2004.The court ordered
that he receive four lashes at the start of his
sentence and four upon his release. The
punishment is suspended for three weeks pending
a possible appeal. Corporal punishment had
been abolished in 1984 in the Bahamas, but was
reinstated in 1991 for specific offences.
AIHRC/4/33/Add. 1
Page 17
Para
Country
Date
Type
Mandate
Allegations transmitted
Government Response
9.
Bahrain
09/03/06
JUA
WGAD;
FRDX;
HRD; TOR;
Abdulla Madan, Mohammed Abdu lrasool,
Jaffar Hussain Mohamed Vousef Eld, Jaffar
Abdul-Jabar Jaffa Al-Mushaima, Ahmed
Vousef Nasser Al-Mushaima, Mohamed
Hassan Vousef Saif and All Jaffar Jasssim
Rabea, all arrested and detained in connection
with a peaceful protest. On 19 January 2006, the
above named persons were arrested in the Daih
and Sanabis areas of Manama. They had
gathered to peacefully protest against the
detention of 21 people, who were arrested on 25
December 2005 at Bahrain Airport for peacefully
protesting against the detention of Sheikh Sanad.
Sheikh Sanad had called for a referendum under
the supervision of the United Nations on the
legitimacy of the political system in Bahrain. It is
reported that 16 of the 21 protestors have been
sentenced to one or two years' imprisonment,
During their police detention, the above-
mentioned persons were threatened and
assaulted by police officers. During the first days
of their detention their families were not informed
about their whereabouts. Relatives were not
allowed to attend their trial session on 26
February 2006. The trial has been postponed to
12 March 2006 and they remain in custody.
By letter dated 18/05/06, the Government
reported that the crowd was asked to disperse
in a peaceful and amicable manner. However,
the protesters refused to comply and began
rioting and damaging public property. They set
fire to tires and garbage containers, which they
threw into the middle of the public highway,
endangering the lives of passers-by and the
general security forces. They also threw
stones at the police who took steps to help
restore law and order. As a result of all this, 13
individuals were arrested.On 21 January 2006,
the arrested persons were presented to the
Department of Public Prosecutions which
charged the defendants with unlawful
assembly and rioting under articles 178-1 80 of
the Bahrain Criminal Code. After all the legal
and constitutional procedures had been
completed, the Department of Public
Prosecutions ordered the detention of seven of
the accused persons and released the
remaining six accused persons, due to lack of
sufficient evidence for a criminal prosecution.
The case file and the accused persons in
detention were referred to the competent
criminal court to hear the charges against
them. On 19 April 2006, the court issued a
judgement, sentencing each of the accused
persons to one year's imprisonment. The case
is still being heard by the court of second
instance (court of appeal). The authorities
responsible for investigations, whether the
police, the Department of Public Prosecutions
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or the competent criminal court, acted in a
manner that was legally transparent and
impartial and afforded all legal and procedural
safeguards to the defendants from the date of
their arrest to the date on which the case was
heard by the competent court. This mailer is
clearly illustrated by the following facts:
The police officers at the scene corroborated
the charges against the accused persons
through the statements that they made during
the investigation by the Department of Public
Prosecutions and the photographic evidence
which showed that the accused persons had
taken part in the rioting. Some of the accused
persons who were arrested gave detailed
confessions to the police and investigators of
the Department of Public Prosecutions,
admitting that they had caused a riot and set
fire to garbage containers and car tires. They
did not indicate that their confessions had been
extracted as a result of coercion or violence.
This is also evidenced by the fact that some of
them gave statements to the police denying
the charges against them.The legal arrests
made by the police were based on a legal
provision which provides that arrested
suspects must be presented to the Department
of Public Prosecutions within 48 hours. This is
what the police did.The Department of Public
Prosecutions told the accused persons that
they had to have defence counsel present
during questioning. Some lawyers appeared
with the accused persons and presented their
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Atiur Rahman, a lawyer, his wife Ms S. S.S. and
his legal assistant Mr NawsherAhmed. On 12
March 2006, Ms S. S. S. was taken into custody
and beaten by the police in Dhaka. She was
pregnant at that time, but has since lost her child.
She filed a complaint together with her husband
against the police officers. Since then, she and
her husband have been receiving threats. In
particular, on 24 May 2006, Mr Atiur Rahman was
stopped by a group of armed and unidentified
persons. The attackers held a pistol to his chest,
questioned him about his identity and threatened
to shoot him. That same morning, while Mr Atiur
Rahman's legal assistant, Mr Nawsher Ahmed,
went to collect documents from the record office
legal defence. The Department of Public
Prosecutions heard the statements of the
witnesses for the defence, at the request of the
accused persons. From the very beginning of
the investigation, anyone against whom there
was insufficient evidence for prosecution was
released. The Department of Public
Prosecutions sent the accused persons who
had been injured during the riot to a police
doctor to assess their injuries and prescribe
treatment for them, even though they did not
indicate who had caused the injuries.
The families and lawyers of the accused
persons were allowed to visit them on 21
January 2006, i.e. two days after the incident
occurred. The father of Abdullah Madan was
allowed to visit his son on 22 January 2006
and to give him the medicine that he needed.
10.
Bangladesh
31/05/06
JUA
HRD; IJL;
TOR;
VAW;
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regarding Ms S. S. s. ‘s court case, three persons
confronted him and inquired if he worked for Mr
Atiur Rahman and where they could find him. The
men followed him for the rest of the day trying to
prevent him from obtaining the documents he
required from the record office. On 23 May 2006,
an unidentified person called Mr Atiur Rahman
and warned him against pursuing legal
proceedings against the police. The caller said if
he did not do this, he and his family would pay the
ultimate cost.
11. 21/07/06 JAL IJL; TOR S. S. S. (subject of a previously transmitted
VAW; communication, see above). On 12 March 2006,
several opposition political parties held a
demonstration, which moved in the direction of the
Election Commission office. On the way, at Mirpur
Road, in between Manik Mian Avenue and Road
27 in Dhanmondi Residential Area, the police
erected a barricade to block the protesters. Ms S.
S. S. was in this vicinity at the time as she was
going to collect her son from a school that is
located in the area. At approximately 12:30 pm, a
group of demonstrators, belonging to an
opposition political party, passed by the school.
The police fired tear gas and water canons at the
demonstrators and beat them with sticks, canes
and iron rods. Ms S. S. S., who had been waiting
in front of the school, took shelter inside a private
hospital opposite the school. Police forcibly
removed her from the clinic and placed her with
the arrested demonstrators. Ms S. S. S. told the
police that she was pregnant and a diabetic
patient. The Deputy Commissioner of Police
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(West Zone) accused her of lying. The Deputy
Commissioner of Police (South Zone) and the
Deputy Commissioner ordered their subordinates
to break Ms S. S. S. ‘s hands and legs. Male police
officers placed their hands on Ms S. S. S's lower
abdomen to check whether she was pregnant.
They tied a rope around her abdomen and
forcefully pulled on both ends of the rope.
Thereafter they forced her into a prison van.
Inside the van, policemen walked on her body and
kicked her genitalia as well as her lower
abdomen. After Ms S. S. S. fainted she was
discarded on the street. Ms S. S. S. suffered
severe injuries to her thighs, lower abdomen,
back, waist, hip and other areas of her body She
also suffered two fractures, one in her right elbow
and the other in the small finger on her right hand.
Ms S. S. S.lodged a complaint against the alleged
perpetrators at Mohammadpur Police Station but
the police refused to record the case. On 14
March 2006, she filed a case (CR Case number
31 2/06) with the Chief Metropolitan Magistrate's
Court in Dhaka against the Deputy
Commissioners, the police constable, and a
number of other police officers under the Penal
Code. On March 19, Ms S. S. S. filed a second
case (Number: 23/06) against the alleged
perpetrators under sections 10/30 of the Women
and Child Repression Prevention (Special
Provision) (Amended) Act 2003. Neither case has
led to a conviction of any of the alleged
perpetrators. Over recent months, unknown
perpetrators have on several occasions
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threatened Ms S. S. S. and her husband Atiur
Rahman, who is also her lawyer, with death if they
continue to pursue criminal action against the
alleged perpetrators.
12.
11/09/06
AL
TOR;
A. F.M. Bahauddin Nasim, aged 45, an aide to
former Prime Minister Sheikh Hasina, Dhaka. On
28 February 2002 around midnight, as he was
waiting for a flight at Zia International Airport, he
was taken and detained in the office of the
immigration police. Around 3am, a plain-clothes
police officer, who identified himself as belonging
to the Criminal Investigation Department (CID),
accused him of being wanted in connection with
the attack on the motorcade of the then leader of
the opposition Ms Khaleda Zia (current Prime
Minister). When Mr Nasim requested to see the
arrest warrant, he was told that the necessary
documents would be provided later. Afew hours
later, he was taken to the CID headquarters,
Malibagh. He was forced to sign some blank
papers. Until late in the evening, he was unable to
inform his family of his whereabouts, or have
contact with a lawyer. He was removed from the
police station, taken first to the roof, then by the
back door, and transported to the court. He was
charged with smuggling foreign currency out of
the country, as well as the attack against Ms Zia's
motorcade, and placed in remand for ten days.
The following morning he was taken by a group of
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plain-clothes OlD officers to a place referred to as
the Joint Interrogation Cell. He was blindfolded
with a strip of cloth and cotton wads, had his
wrists tied with rope, and was ordered to lie down
in the van during the trip. He was blindfolded
throughout his detention, and his wrists would be
unbound for toilet trips and meals only He slept
on the floor without bedding. He was tortured in
order to make incriminating statements against Ms
Hasina, to the effect that she was responsible for
orchestrating a string of killings, rapes, extortion,
and repression of minorities following the 1
October 2001 election. He was threatened that he
would be imprisoned for a long time, that if he
didn't comply they would leave him impotent and
handicapped. Among other things, he was beaten,
subjected to electric shocks on sensitive parts of
his body, forced to stand on ice and hung upside-
down from the ceiling for long periods of time,
spun around, put in a sack and trampled on, and
forced to lie for hours on the floor spread-eagled.
On 7 March 2002, he was transferred to the
Dhaka Central Jail, where he was denied the
rights afforded to ordinary inmates, such as
receiving amenities from family members. An
additional charge in relation to sedition was filed
against him. Mr Nasim was subsequently
tranferred to Kashimpur Jail on 22 November,
then to Rangpur Jail on 22 December and finally,
after lengthy delays in the proceedings, was
released on bail on 6 January 2003.
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13.
17 /11/06
JAL
TOR;
VAW;
M. K., a 14-year old girl, and her brother Rafiqul
Islam, both residing in Uttar Chandani Mahal,
Dighalia Police Station section, Khulna District. On
23 July 2006, at around 1:30 pm the Assistant
Sub Inspector, second-in-command of the
Senhato police outpost under the Dighalia Police
Station in Khulna District, and a Police Constable
arrived at M. K.'s home. The Assistant Sub
Inspector entered her room and attempted to rape
her She managed to resist until her brother and
various other family members arrived to help her
In response, the policemen beat M. K. and hit
Rafiqul Islam with a bamboo stick, a rifle butt and
a chain, before they arrested him and took him to
Senhati Police Outpost. The commanding officer
of the Senhati police camp and the Assistant Sub
Inspector then demanded 10,000 Taka from
Rafiqul Islam's family They threatened that
Rafiqul Islam might be killed in crossfire” if the
family failed to pay the money When the family
only managed to raise 5,000 Taka, the policemen
beat Rafiqul Islam with a stick and a rifle butt
causing fractures of his left hand and right leg.
They also poured hot water in his nose. He can no
longer walk properly or work to support his
familyOn 24 July 2006, the police lodged a
criminal case against Rafiqul Islam and other
relatives that protected M. K. from the attempted
rape. On 25 July 2006, the local Magistrate's
Court issued a pre-trial detention order against
Rafiqul Islam despite his critical medical condition.
On 24 October 2006, Rafiqul Islam was released
on bail. The charges against him are pending. M.
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K. told the public about the events in a press
conference held at the Khulna Press Club on 28
July 2006. On 30 July 2006, she also lodged a
criminal case against the responsible police
officers with the Magistrates Court in Khulna
under the Women and Children Repression
Prevention (Special Provision) Amendment Act
2003. On 23 September 2006, a member of Ward
4 of the Senhati Union Council, told M. K. to
withdraw the case. He also threatened her and
her family with the words: “Remember, the police
lodged a case against you, in which your brother
is detained in Khulna Jail. If you don't withdraw
the case against the police, you will be in trouble.
Fighting against the police is very difficult!” He
further suggested that the family come to a
“solution” without fighting against the police. Since
then, the same policemen have repeatedly
attempted to intimidate M. K. by threatening to
ensure that her brother would be convicted on
trumped-up charges.The Special Tribunal of
Women and Children Repression Prevention,
which has jurisdiction over the criminal case
against the police officers has so far not taken any
substantive action. In a court hearing that took
place on 28 September 2006, the judge refused to
consider the merits of the case and rescheduled
the case to 30 November 2006.
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14.
Belarus
24/03/06
JUA
WGAD;
FRDX;
TOR; HRD;
BELARUS
Mass arrests of peaceful demonstrators
protesting against the election results of 19 March
2006 and calling for free and fair elections. On 24
March 2006, at approximately 3.30 am, members
of the police riot squad surrounded demonstrators
in October Square (Kastrychnitskaya Square) in
Minsk, separated journalists from the protestors,
and then forcefully dragged the protestors into
trucks and drove them away. Approximately 300-
400 people were detained including at least 3
journalists, Tatsyana Snitka, Vadzim
Kaznacheeu, and Tatsyana Vanina, members of
the Belarusian Association of Journalists, and 45
minors. They were taken to a pre-trial detention
center on Akrestina Street and were not allowed
access to defensc counsel. The minors were
released later in the morning. They and other
detainees had been beaten by the police. The
tents, flags, banners and protesters' belongings
were shattered by police, then loaded onto trucks
and taken off to an unknown place. The persons
who remain in detention include Kudzianava
Eugenia, Zhalezka Katsyaryna, Lauranovich
Yanina, Dziadzich Ina, Chehouskaya Nasta,
Shchela Zoya, Vitkouskaya Tatsyana, Klimatka
Ina, Zhyzhneuskaya Ina, Ivanova Ina, Burak
Ina, Sergienka Aksana, Matskoil Siarhei, Mazur
Ales, Arlou Viktar, Babich Nadzeya, Makism
Znak, Kunich Dzmitry, Hryshkevich Viktar,
Subach Mikhail, Delua Frederic (a Canadian
citiyen), Liava Artsem, Adamovich Aliaksey,
Kharlamchu Pavel, Rudovich Aksana, Narel
Natallia, Chyzhyk Mikhas, Skarabagaty Leanid,
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Skarabagaty Artsem, Adonich Piotr, Kastenka
Dana, Chamerka Aleh, Donich Viktar, Sheika
Dzianis, Ulasenka Tatsyana, Yahorau Vury,
Darafeeva Nasta, Sidarovich Alla, Konash
Aliaksandr, Konash Aliaksey, K letsauka
Katsaryna, Kupchanka Vera, Mashkevich
Manyjush, Siarheeu Pavel, Snitka Tatsyana,
Chueshova Vulia, Krasiachkou Vital,
Zavesnetski Vauhen, Hazizau Tsimun, Sechka
Natalia, Radyna Alena, Kazlou Yahen,
Muradava Hanna, Sidarovich Andrey, Zalatan
Aliaksandn, Smok Vadzim, Sasnouski Anton,
Sauchankava Valenyja, Kavaleuskaya Nadzeya,
Zialinskaya Dana, Muraujeva Inyna, Sychugova
Nadzeya, Shedko Yauhen, Vashkevich Dzianis,
Kaz louski Aleh, H lezin Eduard, Hbnyelchyk Ina,
Anlou Bahdan, Haiduk Ulian, Zhyh Dzmitny,
Finkevich Pavel, Harachka Dzmitny,
Sauchankava Valenia, Kudzianava Yahenia,
Sverin Tastyana, Yahorau Yury, Kireeu Viktan,
Sasnouski Anton, Shumovich Yury, Pisarchyk
Siarhei, Ksiandzou Kinyl, Naskou Mikhail,
Dzivina Marya, Karbinski Vital, Dzemchonak
Natalia, Chehouskaya Nasta, Rugain
Aliaksandn, Baranau Andrey, Vensko Dzmitny,
Hizun Ales, Yankovich Katsiaryna, Yuhnovich
Dzianis, Lukin Pavel, Lantuh Aliaksandn,
Laryna Tatsyana, Hrudzko Tatsyana, Vania
Tatsyana, Baranchuk Tatsyana, Netkachou
Yauhen, Svidzerski Stsiapan, Dashkevich
Dzmitny, Subach Mikhail, lnazemcau Danila,
Benedyktau Ivan, Zenko Vadzim, Seiko
Dzianis, Lacinski Sianhei, Buinitski Dzianis,
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Darahaucau Aliaksandr, Kuwshynau
Aliaksandr, Snytkina Vo lha, Marchyk Siarhei,
achobut Stas, Kudzianava Eugene, Bahdanau
Stanislau, Rahachou Dzmitry, Shmyhau Viktar,
Sinkevich Pavel, Shandovich Tastyana, Zoryn
Uladzimir and Zaleski Mikita. On 21 March
2006, Anatoly Lebedko, Alexander Dobrovoisky
and Alexei Yanukiyevich were arrested. Anatoly
Lebedko and Alexei Yanukiyevich were sentenced
to 15 and 12 days imprisonment respectively; the
whereabouts of Alexander Dobrovolsky are
unknown. Furthermore, many of the arrests were
accompanied by beatings. Several minors, who
were released by the police suffered injuries as a
result of having been pushed off the buses in
which other detainees were being held before
being transported. Alexander Kasko was beaten
by police and had his nose broken as he was
pushed from a bus. He is currently being treated
in hospital. His older brother Sergei Kasko
suffered similar injuries. A total of around 400
persons were arrested and these persons remain
in detention and are being held in police holding
cells in Minsk under conditions which fall below
international recognized standards of detention
conditions. Others have been brought to the
temporary isolation units in Valadarski Street and
Navinki Village.
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15.
29/03/06
JUA
WGAD;
TOR; IJL;
HRD;
BELARUS
Hundreds of opposition supporters continue to
be detained in Minsk after having beienarrested
by police agents during the protest actions which
took place on 24 and 25 March 2006. Presidential
candidate Alexander Kozulin and members of
his family were arrested during the forcible
dispersal of a peaceful rally on Freedom Day,
protesting against the outcome/s of the recent
presidential election but also commemorating the
anniversary of the 1918 Declaration of
Independence of the Republic of Belarus. Mr
Kozolin has reportedly been charged with
hooliganism. His whereabouts were unknown until
26 March 2006, when he was located in a
detention centre outside Minsk. It was also
reported that Russian journalist Pavel Sheremet
was beaten and arrested during the clashes.
Other detained persons are the following:
Valyantsina Palevikova; Mariusz Maszkiewicz;
Hanna Charnyshova, who has been diagnosed
a traumatic brain injury; Inna Klimenko;
Kudzyanava, Zhenya; Zhalyezka, Katsya;
Laurenovich, Yana; Dzyadzich, Ina;
Chekhouskaya, Nastya; Shchelo, Zoya;
Vitkouskaya, Tanya; Klimatko, Ina;
Zhyzneuskaya, Ina; Ivanova, Ina; Burak, Ina;
Sergiyenka, Aksana; Matskoits', Syargei;
Mazur, Ales; Arlou, Viktar; Babich, Nadzeya;
Znak, Maksim; Kunich, Z'mitser; Gryshkevich,
Viktar; Subach, Mikhail; Delyua, Fredery;
Lyava, Artsyom; Adamovich, Alyaksei;
Kharlamchu, Pavel; Rudovich, Aksana; Narel',
Natal'ya; Chyzhyk, Mikhas'; Skarabagaty,
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Lyeanid; Skarabagaty, Atsyom; Adonich,
Pyotr; Kastenka, Dar'ya; Chamerka, Aleg;
Donich, Viktar; Cheyko, Dzyanis; Ulasenka,
Tatsyana; Yagorau, Vura; Darafeyeva,
Anastasiya; Sidarovich, Ala; Konash,
Alyaksandr; Konash, Alyaksei; K letsauka,
Katsyaryna; Kupchanka, Vera; Mashkevich,
Mariyush; Syargyeu, Pavel;- Snitko, Tatsyana;
Chyeshova, Yuliya; Krasyachkou, Vital';
Zavesnetski, Vaugen; Gazizaj, Tsimur;
Sechko, Natalya; Radyna, Alyona; Kazlou,
Vaugen; Muradava, Anna; Sidarovich, Andrei;
Zalatar, Alyaksandr; Smok, Vadzym;
Sasnouski, Anton; Sauchankava, Valeriya;
Kavaleuskaya, Nadzeya; Zyalinskaya, Darya;
Murauyova, Iryna; Sychukova, Nadzeya;
Shedko, Vaugen; Vashkevich, Dzyanis;
Kaz louski, Vaugen; Glezin, Eduard;
Gabryelchyk, Ina; Arlou, Bagdan; Gajduk,
Yuliyan; Zhykh, Z'mitser; Finkevich, Paval;
Garachka, Z'mitser; Kudzyanava, Yaugeniya;
S'veryn, Tatsyana; Yagorau, Vury: Kireyeu,
Viktar; Shumovich, Vury; Pisarchyk, Syargei;
Ksyandzou, Kiryl; Naskou, Mikhaili; Dzivina,
Maryya; Karbinski, Vital'; Dzemchonak,
Natal'ya; Chekhouskaya, Anastasiya; Rugain,
Alyaksandr; Baranau, Andrei; Vensko,
Dz'mitry; Gizun, Ales'; Pachobut, Stas;
Marchyk, Syarzhuk; Snytkina, Vol'ga;
Kuushynava, Alyaksandr; Daragautsau,
Alyaksandr; Buinitski, Dzyanis; Latsinski,
Syargei; Sheiko, Dzyanis; Zen'ko, Vadim;
Benedyktau, Ivan; lnazemtsau, Danila;
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Subach, Misha; Dashkevich, Z'mitser;
Svidzerski, S'tsyapan; Netkachou, Vaugen;
Baranchuk, Tatsyana; Vanya, Tatsyana;
Grudz'ko Tatsyana; Laryna, Tatsyana; Lukin
Pavel; Yukhnovchi, Dzyanis; Yankovich,
Katsyaryna; Kudzyanava, Yaugeniya;
Bagandanau, Stanislau; Ragachu, S'mitser;
Shmygau, Viktar; Sin'kevich, Pavel;
Shandovich, Tatsyana; Zoryn, Uladzimir;
Zaleski, Mikita; Shalaika, Ruslan; Sinkevich,
Alyaksandr and Sinkevich, Nadzyeya. Among
those arrested is Poland's former ambassador to
Belarus, Mariusz Masz. These persons are being
held in remand prisons in Minsk; in a special
detention centre in Akrestsin Street; in the prison
located in Valadarski Street and in a detention
centre located in Zhodzina. People injured are
detained in some hospitals in Minsk. It was
alleged that Syarhei Atroshchenka (Sergei
Otroshchenko), who had been placed in Minsk
Hospital Number 4 in grave condition after being
injured during the march, was taken from the
hospital to an undisclosed location. His
whereabouts are unknown. Over 150 persons
have already been speedily tried without enjoying
access to a defence lawyer and more people are
expected to be taken to the courts in the next
days. Grave concerns are expressed regarding
the violation of their right to a fair trial. Family
members of the detained cannot get information
on the whereabouts of their relatives.
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16.
07/08/06
AL
TOR;
Conditions in several places of detention, such as
1K-Il (Valkavysk, Hrodna region), IK-19
(Mahileu), 1K-I l (Shklou, Mahileu region), IK-20
(Mozyr, Homel region), LTP-l (Svetlagorsk,
Homel region), SIZO-l (Minsk), Sizo.8
(Zhodzina, Minsk region), Minsk city special
detention center IK-19 and several places of
detention in Minsk were the subject of previously
transmitted communication for which a response
was received (E/CN.4/2006/6/Add.1, para. 12).
Nevertheless, it continues to be alleged that in the
above mentioned institutions overcrowding is still
prevalent, with inmates having only 1-2 square
metres per person at their disposal (including bed
space), which means that inmates have to sleep
in shifts. In many cases healthy persons are held
together with those sick with tuberculosis in the
same rooms/cells. Ventilation is insufficient and
contributes to the spreading of infections as does
the low-quality food. Access to hygienic facilities
and medical care is restricted,
By letter dated 6/10/06, the Government
reported that pursuant to article 94, paragraph
1, of the Code of Criminal Procedure, persons
serving sentences in correctional facilities shall
be provided the necessary living conditions
consistent with health and hygiene rules. The
minimum living area per detainee in
correctional colonies and in prisons may not be
less than 2 square metres. Pursuant to this
provision, the upper limits for the number of
detainees who may be held in each directional
facility, as recommended by the director of the
Department of Corrections, are laid down by
the Minister of Internal Affairs. At the current
time, the number of detainees in correctional
colony No. 11(1K-li, Valkavysk), compulsory
rehabilitation centre No. 1 (LTP-1,
Svetlagorsk), pretrial detention centre No. 1
(SIZO-1, Minsk) and pretrial detention centre
No. 8 (SIZO-8, Zhodzina) is within the
prescribed limit. The number of detainees in
correctional colony No. 19 (Mohylau) is almost
300 below the stipulated limit. The stipulated
limits are only exceeded to a very small extent
in correctional colonies No. 17 (IK-17, Shklou)
and No. 20 (IK-20, Mozyr). After the entry into
force on 18 September 2006 of the act
amending and supplementing the Code of
Criminal Procedure, the number of detainees
in the above-listed and other facilities of the
criminal corrections system will be brought
within the established limits. Each detainee is
provided with his or her own sleeping area and
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bedding. The listed establishments are fitted
with the necessary sanitary facilities and other
amenities to meet all the needs of the
detainees. The health and hygiene conditions
and utilities in facilities of the criminal
corrections system are regularly checked, at
least once every quarter, by public health
officials. The public health situation in
detention facilities is stable and regularly
monitored. During 2006, there were no
outbreaks of infectious diseases. The
tuberculosis infection rate is steadily dropping:
according to final figures for 2005, there were
406 cases per 100,000 detainees, representing
a 35 per cent drop from the 2004 levels.
Figures for the first six months of 2006 show
the downward trend in infections continuing. In
2005, tuberculosis infection rates dropped in all
establishments listed by the Special
Rapporteur: they dropped by 52 per cent in
correctional colony No. 11, by 68 per cent in
correctional colony No. 17, by 45 per cent in
correctional colony No. 19 and by 89 per cent
in correctional colony No. 20. In the pretrial
detention centres and the compulsory
rehabilitation centres a large proportion of
tuberculosis sufferers are found to be already
infected when they are admitted to the
facilities. There are no cases of detainees
infected with an active form of tuberculosis
being held together with healthy detainees.
Where there is any suspicion that detainees
may be infected with tuberculosis, they are
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immediately isolated in the facility's medical
centre and transferred to the national
tuberculosis hospital. Only persons cured of
tuberculosis and under regular medical
supervision may be held together with healthy
detainees. The accessibility of medical
assistance for detainees is at the same level
as for the country's population as a whole.
The patient-doctor ratio for detainees is 53.1
per 10,000 (compared to 46.2 per 10,000 for
the country as a whole), the ratio of
paramedical and nursing staff is 98.1 per
10,000 detainees (compared to 119.7 per
10,000 for the country as a whole) and the
hospital bed rate is 439.4 per 10,000
(compared to 107.4 per 10,000 for the country
as a whole). Clothing allowances for detainees
are set by the Ministry of Internal Affairs and
nutritional standards by the Council of
Ministers. At the current time, work is under
way by the State authorities on the approval of
a draft government decision to raise the
nutritional standards.
17.
Bhutan
12/07/06
JUA
WGAD;
Two Christians, John Tamang (alias Puma
By letter dated 27/07/06, the Government
FRDX;
Bahadum Tamang) and Benjamin Shamma (alias
reported that they were handed over to the
RINT;
Budhu Mani Dhungana) in the town of Paro. On
Royal Bhutan Police on 8 January 2006 by
TOR;
7 January 2006, they were arrested for screening
villagers. They were produced before the
the film ‘Jesus' in the town of Paro. The arrest
District Court in Paro on 9 January 2006. In
was carried out by an officer of the Crime and
accordance with the due process of law, they
Investigation Department in Thimphu, who
were charged in the District Court and found
punched and hit the two men during the arrest.
guilty of several offences. Mr Dhungana and
They are thought to be being held incommunicado
Mr Tamang have thus been tried and
in Thimphu and have been sublected to torture
sentenced as per the law, in an open trial with
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and ill-treatment in detention,
public hearing. They have not appealed
against the court judgement, although provided
for by the law. They are currently serving their
sentences in Thimphu District Jail. They are
allowed to receive visitors in accordance with
the prison rules and are not being detained
incommunicado as alleged. They have been
receiving visits from their family and friends on
a daily basis, as was the case throughout their
trial. As per normal practice, medical attention
is provided to all detainees if required or upon
request by the individual concerned. With
regard to the allegations against officers of the
Royal Bhutan Police, these are factually
incorrect as the alleged person was not
present during the arrest. It is also untrue that
Mr Dhungana and Mr Tamang have been
subjected to torture and ill treatment in
detention. Torture is prohibited under the law.
18.
Burundi
10/08/06
JUA
WGAD;
TOR;
Déo Niyonzima, Secretaire-general du Parti pour
Ia Reconciliation des Peuples (PRP), et Damien
Ndarisigaranye, conseiller auprés du Ministre de
Ia Defense. Le ler aoOt 2006, les agents des
services des renseignements auraient arrété Déo
Niyonzima a son domicile de Bujumbura; il aurait
été convoqué par les services des
renseignements, sans que ceux-ci ne presentent
de documents justifiant l'arrestation. Durant son
interrogatoire, il aurait été frappé avec un fil
barbelé et on l'aurait laissé tomber sur le sol alors
qu'il se trouvait en hauteur. M. Niyonzima se
serait plaint auprés de sa femme des traitements
qui lui auraient été infligés. Ces mauvais
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traitements auraient été exécutés sous les ordres
du sous-directeur des services des
renseignements qui était present. Durant trois
jours (jusqu'au 3 aoOt), ii na été autorisé a voir
son épouse qua distance et ensuite, ii lui a été
interdit de Ia voir jusqu'au 8 aoOt. Damien
Ndarisigaranye, qui est actuellement détenu au
sein des services des renseignements, aurait été
arrété par les services des renseignements le
méme jour, alors qu'il sortait dune banque de
Bujumbura. Les agents Iui auraient demandé de
les suivre et l'auraient conduit au quartier general
du service des renseignements oO ils l'auraient
grievement frappe. Son epouse ne l'aurait pas vu
depuis son arrestation. Deo Niyonzima et Damien
Ndarisigaranye seraient accuses d'avoir planifie
un coup d'Etat .
19. 01 /09/06 JAL SUMX; Niziglyimana Salvator, Mugenzi Moise,
TOR; Rénovât Niyonzima et Didace Ngendandumwe.
Les corps mutilés de ces quatre individus auraient
ete retrouves par les habitants de Ia commune de
Kinama, Maine de Bujumbura, le 15 aoOt 2006.
Ces quatre individus auraient ete arretes dans Ia
commune de Kamenge Urban, Province de
Bujumbura, le 4 aoOt 2006 par un agent non
officiel du Service national de Renseignement et
deux policiers en civil qui les auraient accuses de
collaborer avec le Front de Liberation nationale.
Ils auraient ete amenes vers une station service
de Ia commune de Kamenge, oO ils auraient ete
frappes et detenus dans les toilettes. Le jour
suivant, ils auraient ete emmenes a Ia commune
de Mutuzi et le 6 aoOt, ils auraient ete emmenes
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au camp de SOCARTI avant d'être emmenés, le 9
aoOt, au poste de police de Kinama oO ils auraient
été grievement frappes. Le 14 aoOt, alors que les
quatre individus étaient sous l'autorité de Ia Police
de Ia Sécurité intérieure, un agent non officiel du
Service national de Renseignement accompagné
par des policiers en civil ainsi que d'autres agents
du Service national de Renseignement, les
auraient retires de leur cellule et les auraient
emmenés dans un taxi. Plus tard dans Ia nuit, le
taxi aurait été vu prés de Ia position des Forces
nationales de Defense de Kanga, Commune de
Kinama, oO l'accès lui aurait été refuse. Apres que
le taxi s'est eloigne de quelques centaines de
metres, des cris et le bruit d'armes a feu se serait
fait entendre. Les corps des quatre individus
auraient été retrouvés le lendemain, leurs corps
criblés de balles et portant trace de coups de
couteau .
20. 06/12/06 JUA WGAD; Jean Berchmans Bangirinama, Michel
Burundi; Ndagijimana, Bernard Ndayisenga, Euphrem
FOOD; Ndayize, Narson Ndizeye, Norbert
TOR; Nkeshimana, Daniel Ntirandekura, Onésime
Nsengiyumva, Emmanuel Nzeyimana, Astêre
Majambere et Clement Misigaro. Les 11
personnes mentionnées ont été arrêtées entre
mars et octobre 2006 sur Ia base de suspicions
quanta leur implication dans les activités des
mouvement des Forces nationales de Liberation
(FNL), les 11 détenus auraient été transférés, le
10 novembre 2006, du camp militaire de Ngozi a
Ia station de police de Ngozi. Toutes les
personnes seraient détenues dans une même
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cellule étroite située a proximite des toilettes et
souffriraient de problemes de sante physique et
mentale sérieux. Certaines d'entre elles auraient
souffert de dysenterie due aux conditions
insalubres de Ia prison. Certains prisonniers se
seraient vu refuser un traitement medical. Tous
ces détenus auraient été privés de nourriture
adequate et ne mangeraient apparemment que
des graines de maIs non cuites. Dans Ia prison,
les prisonniers n'auraient pas accés a l'eau
potable.
21.
Cambodia
21/08/06
JAL
FRDX;
TOR;
200 villagers from And Snuol District in Kandal
Province. On 7 August 2006, around 100 riot
police officers blocked the entry into Phnom Penh
of the villagers, who were attempting to travel to
the National Assembly and to the provincial court
of Kandal to demand the release of one of their
fellow villagers arrested in relation to a land
dispute. When the villagers got off the bus, police
repelled them by shooting in the air, firing tear gas
and beating them with batons and rifle buts. Forty
villagers and eight policemen were injured during
the incident.
22.
31/10/06
JAL
FRDX;
HRD; TOR;
Workers of the Bright Sky Garment Factory,
Dangkor District, Phnom Penh. On 16 October
2006, the authorities reacted violently to a week
long peaceful strike at the Bright Sky Garment
Factory, where the workers were calling for better
working conditions. When some of the strikers
approached members of the management to seek
permission for some demonstrators to leave the
factory, they were confronted by hundreds of
armed police officers. Guns, electric batons and
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rifle butts were used to suppress the
demonstration. Among the demonstrators, three
were shot, ten were injured, and three were
arrested and detained without charge for a
number of days.
23.
Cameroon
24/11/06
JAL
SUMX;
TOR;
Hamidou Ndjidda, Dikouza Aziz, Amadou
lsmaela Balo, Hamza Hamadou et Gilbert Bring
Moumini ont été arrétés le 28 octobre 2006 a leur
domicile sans motif apparent, suite a une
operation du Bataillon d'lntervention Rapide (BIR)
de Salak. Les cinq jeunes hommes auraient été
détenus pendant trois jours dans les locaux du
BIR a Salak. Durant leur detention ils auraient été
battus, menaces de mort, attaches par des
cordes, dénudés et humiliés. D'apres nos
sources, les cinq jeunes hommes ont ensuite été
confiés a Ia Brigade territoriale oO ils ont passé
quatre jours avant d'être déférés devant le
Procureur de Ia République pour
vagabondage . Durant ces quatre jours, les
jeunes hommes auraient été privés de nourriture
et aucune visite de leur famille ne leur aurait été
accordée. Apres avoir constaté l'état physique
des cinq hommes, le Procureur aurait ordonné
leur conduite a l'hopital. Toutefois, aucun soin ne
leur aurait été prodigué aprés leur liberation.
D'autre part, dans Ia nuit du 28 octobre 2006,
M. Oumarou, né le 11 mail 981, est décédé alors
qu'il dormait devant le domicile de son pére a
Maroua, suite aux blessures infligées par des
éléments du BIR en civil, armés de fusil et de
gourdins. Alerté par les cris, le pére de Ia victime,
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aurait tenté de venir au secours de son fils mais
les agresseurs lui auraient donné l'ordre de rester
a l'intérieur de Ia maison. La victime serait
décédée sur place, aprés avoir été battue, traInee
sur plusleurs metres et abandonnée.
24.
Chad
02/05/06
JUA
WGAD;
FRDX;
HRD;
TOR;
Mounoudji Fidel, membre de Ia Ligue tchadienne
des Droits de l'Homme (LTDH), Abdel Hamit,
Imam de Ia mosquée de N'Djamena, Hissein
Hassan, Adam Mahamat, Ibrahim Ahmat, N. F.
et au moms six autres personnes, ont été arrétées
a N'Djamena dans les jours suivants l'attaque des
forces rebelles du Front Uni pour le changement
(FUC).
Le 16 avril 2006 Abdel Hamit aurait été arrété,
presente a Ia télévision et accuse d'avoir heberge
des membres de l'opposition armée. Le 18 avril,
des hommes en uniforme, apparemment
membres de Ia police, auraient egalement arrété
Hissein Hassan, Adam Mahamat, Ibrahim Ahmat
et un de leurs proches dans le commerce familial
qu'ils tiennent en ville. Cette arrestation serait liée
a l'appartenance présumée d'un membre de leur
famille au Front Uni pour le Changement (FUC).
Le 25 avril, vers 19 heures, Mounoudji Fidel aurait
été arrété par des hommes en uniforme militaire.
Son lieu de detention resterait inconnu. Enfin, le
25 avril, vers 22 heures, N. F. aurait été arrété
chez lui par des membres de l'Agence Nationale
de Sécurité (ANS) qui cherchaient a arréter son
frére aIné pour ses liens présumés avec des
membres de l'opposition armée. Les bases
léqales de Ia detention ainsi que Ia nature des
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charges retenues dans tous les cas mentionnés
ci-dessus demeurent inconnues ainsi que leur lieu
de detention. II semblerait par ailleurs qu'ils
n'auraient accés ni a leur famille ni a leur avocat.
25.
Chile
30/08/06
JUA
HRD;
Indigenous
People;
TOR;
Waikilaf Manuel Cadin Calfunao, miembro de Ia
comunidad mapuche Juan Paillalef, Comuna de
Cunco, IX Region, e hijo de Ia Lonko Mapuche,
Sra. Juana Calfunao Paillalef quien se encuentra
detenido en Ia Cãrcel de Temuco, Chile. El 31 de
julio de 2006, un grupo de trabajadores de Ia
Empresa de Encomenderos Frontel” habria
penetrado en terrenos supuestamente
pertenecientes a Ia Comunidad Juan Paillalef,
acompanados de varios miembros de Ia policia,
con el objetivo de cortar una hilera de ãrboles
nativos como parte de las obras de ampliaciôn del
tendido eléctrico. El Sr. Waikilaf Cadin habria
intentado oponerse a Ia tala de los ãrboles,
lanzãndose a lomos de un caballo en contra de
los trabajadores y los efectivos de Ia fuerza
pUblica. Como resultado de dicha actuaciôn, los
carabineros habrian procedido a arrestar al Sr.
Waikilaf Cadin. Durante su arresto y posterior
detenciôn, el Sr. Waikilaf Cadin habria sido objeto
de malos tratos, siendo golpeado violentamente
en Ia mayor parte del cuerpo yen el rostro. Como
consecuencia de estos golpes, el Sr. Waikilaf
Cadin podria perder una pieza dental.Tras ser
liberado el mismo dia de su arresto, el 9 de
agosto de 2006 se llevô a cabo Ia audiencia de
detenciôn y Ia formalizaciôn de Ia investigaciôn en
contra del Sr. Waikilaf Cadin, imputãndosele los
cargos de danos, desôrdenes en Ia via pUblica y
Por carta con fecha 17/10/06, el Gobierno
informô de que el 9 de agosto de 2006 tuvo
lugar en Temuco Ia Audiencia de Control de Ia
detenciôn, formalizaciôn de Ia investigaciôn y
medidas cautelares en contra del imputado
Waikilaf Cadin Calfunao, ante el Juez de
Garantia Sr. Federico Gutiérrez, con Ia
participaciôn del Fiscal Cristian Paredes y de
los abogados de Ia Defensoria Penal PUblica
Sres. Ricardo Cãceres y Jaime Lopez.
En un comienzo el imputado no aceptô Ia
representaciôn de los abogados de Ia
Defensoria Penal, por cuanto él tenia un
abogado de su confianza, el Sr. Freddy
Barriga. Posteriormente aceptô Ia
representaciôn. Se solicitô Ia ilegalidad de Ia
detenciôn, en cuanto fue precedida de un
control de identidad que no se ajustaba a los
términos del articulo 85 del Côdigo de
Procedimiento Penal, y que en definitiva era
una privaciôn de Ia libertad.
El tribunal rechazô Ia peticiôn de Ia defensa,
por cuanto Ia detenciôn estaba precedida de
una orden judicial. La defensa efectUa una
denuncia por apremios fisicos de parte de los
funcionarios aprehensores. El tribunal tiene
formulada Ia denuncia por parte de Ia defensa
del Sr. Cadin por apremios fisicos, debiendo
remitirse dicha denuncia al uzqado militar
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hurto. El 17 de agosto de 2006 el Sr. Waikilaf
competente. El Sr. Waikilaf Cadin fue acusado
Cadin se presentô en el juzgado, fue detenido y
de los siguientes delitos: Secuestro en Ia
trasladado en calidad de prisionero a Ia cãrcel de
persona de los 6 trabajadores de Ia empresa
Temuco. Asimismo, el caso fue trasladado a Ia
Innovateck, articulo 141 del Côdigo Penal;
Fiscalia Militar para que se investiguen los
danos calificados en perjuicio a Ia empresa
hechos en el plazo de cinco meses. Se da Ia
Innovateck, articulo 485, parr. 4 del Côdigo
circunstancia de que el arresto y supuestos malos
Penal; Desôrdenes pUblicos, articulo 269 del
tratos sufridos por el Sr. Waikilaf Cadin se dan en
côdigo Penal; porte ilegal de arma blanca;
el contexto del conflicto sobre Ia propiedad de
hurto, articulo 446 del Côdigo Penal.
tierras ubicadas en Ia Comunidad Juan Paillalef.
El tribunal resolviô que se contaban con los
Estas tierras, reclamadas como propiedad de Ia
antecedentes que justificaban el hecho
Comunidad sobre Ia base de titulos histôricos y
delictivo y Ia participaciôn en los delitos de
posesiôn ancestral, estãn siendo supuestamente
desôrdenes pUblicos, hurto y danos, no asi
utilizadas por el Ministerio de Obras PUblicas para
respecto del secuestro y del porte de arma
Ia construcciôn de un camino y Ia construcciôn de
blanca. Por otra parte, Ia secretaria Ministerial
Ia infraestructura de servicios. Dicho uso, sin
de Justicia, IX Region de Ia Araucania, recibiô
consulta a Ia Comunidad y sin su consentimiento,
de Ia Asociaciôn de Funcionarios
no habria dado lugar a una legitima
Penitenciarios de Ia Provincia de Cautin, IX
indemnizaciôn por los danos sufridos. Asimismo,
Region, un oficio el cual da a conocer
se da Ia circunstancia de que el Sr. Waikilaf Cadin
maltratos recibidos a los gendarmes de Ia
es hijo de Ia Sra. Juana Calfunao Paillalef, lonko
guardia interna del Centro de Cumplimiento
de Ia Comunidad Juan Paillalef y fundadora de Ia
Penitenciario de Temuco, por parte del interno,
organizaciôn no gubernamental Comisiôn Etica
Waikilaf Cadin, ademãs de Ia instigacion a los
contra Ia Tortura.
otros internos provocando desôrdenes y
desmanes dentro de Ia mencionada Unidad
del Penal donde se encuentra recluido.
Finalmente, el alcaide del citado centro de
cumplimiento penitenciario informô a Ia Sra.
Juez del Juzgado de garantia de Temuco del
trato grosero y amenazante al personal por
parte del Sr. Cadin, instruyendo al personal de
no reaccionar antes sus provocaciones.
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26.
27/10/06
JUA
HRD;
INDIG;
TOR;
Waikilaf Manuel Cadin Calfunao. Tras su
detenciôn el pasado 17 de agosto de 2006 y su
posterior internamiento en Ia cãrcel de Temuco, el
Sr. Cadin Calfunao habria alegado haber sido
objeto de malos tratos y trato discriminatorio por
parte de las fuerzas del orden pUblico. SegUn las
alegaciones, el pasado 7 de septiembre de 2006
el abogado defensor del Sr. Cadin Calfunao
habria constatado que su cliente presentaba
graves quemaduras en Ia espalda. SegUn Ia
version policial, estas quemaduras habrian sido
causadas por los reclusos de Ia cãrcel de
Temuco, quienes supuestamente le habrian
arrojado agua hirviendo. Asimismo, Ia nueva
comunicaciOn recibida informa de que, como
medida de protesta contra los supuestos
maltratos de los que ha sido objeto y su supuesta
detenciOn arbitraria, el Sr. Cadin Calfunao habria
iniciado una huelga de hambre y sed el 8 de
octubre de 2006. Despues de cuatro dias, y tras
presentar una crisis en su estado general de
salud, el joven mapuche tuvo que ser trasladado
al Hospital Hernãn Henriquez de Temuco. Luego
de ser sometido a un chequeo por parte de los
facultativos, fue reingresado en el Centro de
Cumplimiento Penitenciario de Temuco. El
pasado 17 de octubre el Sr. Cardin Calfunao
habria sido trasladado a Ia cãrcel de alta
seguridad de Santiago, alejãndolo de los
miembros de su familia y de su Comunidad.
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27.
07/11/06
JAL
IND;
SUMX;
TOR;
Juan Juan Domingo Collihuin Catril, Lorenzo
Collihuin Nanculef y José Domingo Collihuin
Nanculef. El 28 de agosto de 2006, a lrededor de
Ia 1 de Ia madrugada, un contingente policial
supuestamente integrado por unos catorce
carabineros, incluyendo personas uniformadas y
de civil, habrian penetrado en el domicilio del
lonko mapuche Juan Domingo Collihuin Catril,
alegando que miembros de su familia eran
responsables de un delito de abigeato cometido
en Iquique. SegUn estas informaciones, los
carabineros, sin exhibir orden de allanamiento y
detenciôn, habrian procedido a disparar
indiscriminadamente al interior de Ia vivienda. Las
informaciones alegan que uno de los carabineros,
el sargento Sr. Luis Marimãn Lévio, habria
disparado directamente contra el Sr. Juan
Domingo Collihuin Catril, asi como contra los
Sres. Juan Lorenzo y José Domingo Collihuin
Nanculef, quienes habrian salido en defensa de
su padre. Juan Domingo Collihuin Catril habria
muerto como consecuencia de un impacto de
bala en el tôrax, mientras que sus hijos habrian
recibido impactos de bala en las caderas.
Juan Lorenzo y José Domingo Collihuin Nanculef
se habrian dirigido a Ia Comisaria de Nueva
Imperial para denunciar Ia agresiôn y demandar
asistencia. Se alega que los carabineros se
habrian negado a prestar dicha asistencia, y que
los hermanos Collihuin Nanculef habrian tenido
que desplazarse por sus propios medios al
hospital de Temuco.
Durante su estadia en dicho hospital, Juan
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Lorenzo Collihuin Nanculef habria sido detenido
bajo Ia acusaciôn de abigeato.
28.
People's
Republic of
China
06/1 2/05
JUA
WGAD;
RINT;
TOR;
Five Buddhist monks from Drepung Monastery in
Lhasa. Ngawang Namdrol, Tsotod Township,
Phenpo Lhundrup County, Lhasa Municipality;
Ngawang Nyingpo, Khartse Township, Phenpo
Lhundrup Country, Lhasa Municipality; Ngawang
Thupen a.k.a. Shogbu Metok, Lhasa Inner City,
Lhasa Municipality; Khenpo Ngawang Phelgyal
of Rinpung County, Shigatse Prefecture; and
Phuntsok Thupwang, Gongkar County, Lhoka
Prefecture. On 23 November 2005, the five monks
were arrested following a patriotic re-education
ceremony that had been taking place at Drepung
Monastery in Lhasa since October 2005. They
were handed over to the Public Security Bureau of
their respective places of origin after they refused
to sign a statement denouncing the Dalai Lama
and recognizing Tibet as a part of China. They are
currently being held in Public Security Bureau
places of detention. There are concerns that they
may be subjected to torture or ill-treatment. On 25
November 2005, approximately 400 monks held a
silent sit-down protest in the monastery courtyard.
There is concern that members of the army and
officers from the People's Armed Police and the
Public Security Bureau beat a number of the
monks in their efforts to disperse them.
By letter dated 12/01/06, the Government
reported that five monks at the Drepung
monastery in the Tibet Autonomous Region
were expelled from the monastery by the
monastery's management committee, for
having breached the monastery regulations.
After the announcement of this administrative
decision, a number of monks from the
monastery came to the management
committee to demand an explanation. After
hearing the explanation provided by the
committee, the assembled monks all dispersed
and the five monks who had been expelled
also expressed their acceptance of the
decision and returned to their places of origin.
Drepung monastery remains open to the public
and its religious activities are continuing as
normal. Throughout this entire process, there
has been no instance of any monk being
physically or verbally assaulted or detained,
nor has any monastery been shut down.
Tsering Dhondup, aged 30, a monk at Sera
Monastery, near Lhasa and Changchup
By letter dated 18/04/06, the Government
reported that Changchup Gyaltsen was
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Gyaltsen, a disciplinarian at Sera Monastery. In
July 2005, the authorities expelled Changchup
Gyaltsen from Sera Monastery after he read out a
request for prayer, which referred to the Dalai
Lama. He was placed under surveillance for a
year. Tsering Dhondup, who is alleged to have
drafted the prayer, disappeared on the same day.
He is thought to be held incommunicado at Gutsa
prison in northern Lhasa. He is alleged to have
possessed and distributed documents criticizing
China and supporting Tibetan independence,
expelled from the Sera monastery for engaging
in activities calling for the division of Chinese
territory and has currently returned to his place
of origin.On 26 August, Tsering Dhondup was
detained by the Tibetan Public Security
authorities for preparing propaganda materials
calling for “Tibetan independence”. On 25
October, proceedings were instituted against
him, in accordance with the law, by the Lhasa
people's procurator's office on suspicion of the
offence of fomenting division of the State.
In the course of dealing with the above case,
the Chinese judicial authorities acted in strict
accordance with laws and regulations under
the Chinese Criminal Code, the Chinese Code
of Criminal Procedure and other instruments,
and there was no question here of any
“arbitrary detention” or “torture”.
29.
19/12/05
JAL
Migrants;
TOR;
TRAF;
VAW;
Trafficking and sexual exploitation of female
citizens of the Democratic People's Republic of
Korea (DPRK) in the Peoples Republic of China
(PRC), especially in Jilin Province. There are at
least 50,000 DPRK citizens who only have
irregular visa status in the Korean Autonomous
Prefecture of Yanbian (Jilin Province), which
borders the DPRK and is home to about one
million Chinese citizens of Korean ethnicity. While
a considerable number clandestinely crossed the
international border into the PRC to escape
persecution many others fled the poor socio-
economic situation. About half of those who cross
the border are women. After arriving in the PRC,
many are trafficked and forced to marry or
By letter dated 14/06/06, the Government
reported that the allegation that 50,000 illegal
immigrants from the Democratic People's
Republic of Korea have been detained in Jilin
in the Yanbian Korean Autonomous
Prefecture, which is a wild exaggeration. As a
consequence of the improved economic
situation in the Democratic People's Republic
of Korea and the strengthened controls
.
exercised over the frontier region by China and
the Democratic People's Republic of Korea,
the number of Korean illegal immigrants
entering China is steadily decreasing. In
accordance with the law, the Chinese
Government guarantees the lawful rights and
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become the concubines of Chinese men. Human
interests of foreign citizens within its territory.
traffickers systematically target the women, who
Regardless of whether these people have
are usually hungry and desperate, by approaching
entered the country in the normal fashion or
them in the border region and promising them
food, shelter, employment and protection. Once
the traffickers have gained the women's
confidence, the women are lured to an apartment,
confined and then sold to local men. The buyers
often lock their victims in the house, tie them up or
take away their clothing to prevent them from
escaping. In many cases, the women are also
physically abused and raped. Some women from
the DPRK are also trafficked into the sex industry
in Jinlin Province and other parts of the PRC.
They are forced to prostitute themselves in
brothels, which are often disguised as karaoke
bars. Women from the DPRK with an irregular
visa status are extremely vulnerable to trafficking
since the Chinese authorities have reportedly
have crossed the frontier illegally, their lawful
rights and interests are equally protected under
Chinese law. With regard to the issue of the
illegal entry into China of citizens of the
Democratic People's Republic of Korea, the
Chinese Government invariably proceeds in an
appropriate manner, consistent with both
domestic and international law and in
observance of humanitarian principles. In this
process, the Chinese police authorities enforce
the law in an impartial manner and there are
no cases of commissions being paid for the
repatriation of citizens of the Democratic
People's Republic of Korea who have illegally
entered China and have been apprehended.
been instructed to arrest and deport DPRK
The Chinese Government and the public
citizens against their will, if they do not have a
security authorities always attach great
valid residence permit. The PRC reportedly
importance to safeguarding the lawful rights
considers these persons to be irregular migrants
and interests of women and children, and
who cross the border only for economic reasons.
countering any kind of activities which infringe
This deportation policy has been adopted despite
the rights and interests of women and children.
the fact that DPRK citizens face detention under
They are consistently and indefatigably
cruel, inhuman and degrading conditions, ill-
working to crack down with severity on any
treatment and torture as well as, in extreme
illegal activities involving trafficking in women
cases, summary execution in the DPRK. Human
traffickers are well aware of this deportation policy
and often manage to subdue their victims by
threatening to report them to the authorities, if
they resist.
and children. Starting this year, as a
consequence of the increase in contacts
between China and foreign countries, offences
involving trafficking in women and children are
now starting to occur in China as well. The
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Chinese public security authorities take a very
serious view of this and have increased their
preventive measures, taken stronger action to
combat such offences, stepped up cooperation
with police forces in all the other countries
involved and cracked down with severity on
Chinese and foreign offenders who traffic in
women and children. Persons profiting from
the abduction and trafficking of women and
those involved in rape, ill-treatment and
unlawful detention of others are charged, in
accordance with the Chinese Criminal Code,
with the offences of abducting and trafficking in
women and children, rape, inflicting injury,
unlawfully detaining others and other
associated offences. At the same time, the
authorities attach high importance to efforts to
protect the rights and interests of victims,
ensuring that they receive personal care and
consideration, and are actively assisting
foreign women and children who have been
rescued from such abusive practices,
endeavouring to ensure the personal safety
and physical and mental health of victims.
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30.
21 /12/05
JAL
HRD;
TOR;
IJL;
Gao Zhisheng, a lawyer, Beijing, (the subject of a
previously transmitted communication,
E/CN.4/2006/95/Add.1, para. 90). On 2 December
2005, his law firm, Shenghzhi Law Firm, was
ordered by the Justice Bureau, Beijing, to cease
operations from 30 November 2005 to 29
November 2006. The authorities ruled that the
firm improperly changed the registration of the
firm when it moved office in June 2005, in
contravention of Lawyers Law, article 9 (2); and,
in violation of article 47 of the Lawyers Law, it
failed to use the firm's formal letterhead when it
issued a letter of introduction for two of its
lawyers, one of whom was not registered at the
firm, to visit a client, Mr Yang Maodong, detained
in Gunagzhou Panyu Police Detention Centre.
Accordingly Mr Gao is required to handover the
firm's license, official stamps, financial records,
and licenses of its lawyers to the authorities
before 29 December, or face further penalties. Mr
Gao met with the Special Rapporteur on torture
during his recent mission to China, in the context
of his work as a human rights defender, including
in areas related to the mandate.
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31.
29/12/05
JAL
RINT;
TOR;
VAW;
Ms L. J., aged 51 and Ms H. V., aged 42, both of
whom are Falun Gong practitioners. On the night
of 24 November 2005, L. J. was abducted by an
estimated seven policemen. Her home was
ransacked and all Falun Gong materials were
seized. She was taken to Dongchengfang Town
Police Station in Tunzhou City, Hebei Province,
where she was interrogated, beaten with rubber
clubs and given electric shocks with stun batons.
At approximately 2pm on 25 November 2005, a
police officer took L. J. to a room, where he lifted
her shirt and touched her breasts. He then gave
her electric shocks on her breasts with a stun
baton. Another police officer briefly came into the
room, encouraged the officer to beat her up, and
left. The first officer raped L. J. While raping her,
he repeatedly slapped her in the face. He then
brought H. Y. into the same room and raped her
too. Both rapes took place in the presence of
another police officer, who made no attempt to
intervene or prevent the incidents,
By letter dated 28/06/06, the Government
reported that on 24 November 2005, they were
taken in to the local public security office for
questioning, on suspicion of involvement in
illegal activities, and were released in the
afternoon of the same day.On 26 November,
the Dashiqiao criminal police team in the
Tunzhou City Public Security Bureau received
a complaint from H. Y., claiming that she had
been raped by an officer. On 27 November, L.
J. also filed a report with the Tunzhou Public
Security Bureau, stating that she too had been
raped. The authorities promptly summoned
the policed officer in question. In the ensuing
questioning and investigation, it was
ascertained that he was a temporary employee
in the Dongchengfang Township Public
Security Office. He admitted that, in the
afternoon of 25 November 2005, he had taken
L. J. and H. Y. in turn back to his hostel, where
he had indecently assaulted L. J. and had
raped H. Y. On 9 December, following
approval from the procuratorial authorities, he
was taken into custody.On 29 April 2006, the
Baoding City People's Procuratorate, Hebei
Province, instituted criminal proceedings with
the Baoding City People's Intermediate Level
Court against the defendant for the
commission of the offences of rape and
indecent assault of a woman. On 19 May
2006, after hearing the case, the court
sentenced the defendant to eight years' fixed
term imprisonment. On appeal, on 7 June, the
Hebei People's High Court dismissed the
appeal and upheld the original judgement.
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32.
05/01/06
JUA
HRD; TOR;
Ms Mao Hengfeng (the subject of a previously
transmitted communication,
E/CN.4/2005/62/Add.1, para. 296; she was
interviewed on 24 November 2005 during the
mission to China of the Special Rapporteur on
torture). On 28 December 2005 in the afternoon,
she was among about a dozen persons who were
detained in Beijing by police when they went to
view the ceremonial lowering of the flag in
Tiananmen Square. Ms Mao, who has petitioned
the Government in relation to a number of human
rights violations, and her two daughters, along
with petitioners Zhang Cuizhi and Zhang
Xueying, were forcibly taken to Beijing's Tianhai
Reception Center that evening, while the others
were immediately put onto the next train back to
Shanghai. Among the latter group, Sun Xicheng,
He Guoguang and others were reportedly beaten
by Shanghai officials (jiefang renyuan). Mr Sun
suffered a concussion as a result of his beating.
Ms Mao was dragged by her feet down a flight of
stairs by three policemen. She and her daughters,
along with Zhang Cuizhi and Zhang Xueying,
were forced to return to Shanghai by train on the
evening of December 29. Following her arrival in
Shanghai on December 30, Ms Mao immediately
returned to Beijing with her daughters, but early
on the morning of 1 January 2006, she was
detained again and forcibly returned to Shanghai,
where she and her daughters were taken directly
to the Yangpu District dispatch station. Ms Mao's
daughters were released that afternoon, but she
remains in custody of the Daqiao neighborhood
By letter dated 18/04/06, the Government
reported that On 15 December 2005, Zhou
Xiudi, Chen Zonglai, Wu Yuping and Jin Huijun
convened more than 30 persons to assemble
at the entrance of Shanghai Municipal
Government in order to cause trouble and
create a public disturbance; despite efforts to
educate and negotiate with them, they refused
to disperse, severely disrupting the normal
order of State organs. Acting pursuant to
article 19 of the Regulations on Public Security
Administration Punishment, the Shanghai
public security authorities punished Zhou and
others by placing them in administrative
detention for 15 days. Careful checking has
revealed that during the period from 22 to 28
December 2005 no coercive measures of any
kind were taken by the Shanghai public
security authorities in respect of Ma Yalian.On
28 December 2005, a group of more than 60
people including Mao Hengfeng, Sun Xicheng
and He Guoguang gathered about the flagpole
at Tianmen Square to cause trouble, disrupting
the normal order of the Square. Acting
pursuant to article 34 of the Regulations on
Public Security Administration Punishment, the
Shanghai public security authorities lawfully
issued a public order summons to Mao and
others. During this process, the Shanghai
public security authorities never employed any
kind of coercive measures in respect of
anyone, nor did any instances of beating
occur. Moreover, there is no Yangpu District
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municipal office. When her husband telephoned
the office, an official, Mr Jiang, he indicated that
she would remain for several days. Her family has
had no contact with her since her detention in
Daqiao. On 15 December, petitioners Zhou Xiudi,
Chen Zonglal, Wu Vuping, Jin Huijun and
others have been placed under criminal detention
on charges of “disturbing public order” by
Shanghai Hongkou public security authorities for
their participation in a petition to the Shanghai
municipal committee conference. On December
22, Shanghai petitioner Ma Yalian was also
detained by local police and neighborhood
committee members and held until December28
without informing her family of her whereabouts.
dispatch station in Shanghai. In dealing with
Mao Hengfeng, Zhou Xiudi and others by
issuing summonses or placing them in
administrative detention, the Shanghai public
security authorities acted in accordance with
the law; the case had nothing to do with
freedom of expression and opinion.
33.
01 /02/06
JUA
WGAD;
HRD; TOR;
VAW
Ms Mao Hengfeng, Shanghai (subject of a
previously transmitted communication, see
above). On 15 January, Mao Hengfeng had
traveled to Beijing with her daughter to take part in
an unofficial memorial service marking the first
anniversary of the death of former Chinese leader
Zhao Ziyang. On 24 January, they were detained
by four Shanghai police officers at their hotel in
Beijing. According to her daughter, the police
treated Mao Hengfeng roughly, lifting her in an
arm-lock and leaving her with bruising to her neck,
arms and legs. The police took them to another
hotel where Shanghai Residents' Committee
officials were waiting to take them back to
Shanghai by train. When the train arrived in
Shanghai early the next day, Mao's daughter was
released but Mao Hengfeng was taken to Daqiao
Police Station, Yangpu District. She was held
By letter dated 14/06/06, the Government
reported that on 17 January 2006, she and
other persons assembled a crowd in a public
area in Chongwen District in Beijing, thereby
disturbing the peace. Pursuant to the
provisions of article 34 of the regulations on
punishments relating to the maintenance of law
and order, the Yangpu Office of the Shanghai
Public Security Bureau, acting in accordance
with the law, served a summons on Mao
Hengfeng for a public order offence, for the
period from 7.45 am on 25 January 2006 to
7.45 am on 26 January. Upon expiry of this
period, no further measures of restraint were
applied against Mao Hengfeng and, in the
course of this process, all her lawful rights
were fully upheld, and the allegations that she
was sublected to beatinqs have no foundation
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there for questioning for 24 hours. The next
morning, Mao was able to telephone her husband,
Wu Xuewei. She told him that she was being
taken away from the police station by Yangpu
District Residents' Committee officials but that she
did not know where. He then heard Mao
Hengfeng scream and the line went dead. Wu
Xuewei immediately telephoned the District
Residents' Committee to find out where his wife
was being taken, but they first denied that they
were holding her. After repeated calls, the
committee secretary confirmed that Mao
Hengfeng was “in their hands” and that they
wanted to “educate her” because her protests
about human rights violations were creating
“social instability”. They have refused to indicate
where she is detained and her family has not had
access to her. With respect to her detention as
alleged in the 5 January 2006 letter, further
information received indicates that she was
detained by seven Residents' Committee officials
in a Shanghai hotel from 3-6 January. The officials
reportedly beat her several times, grabbed her
breasts and prevented her from sleeping during
this period.
in fact.
34.
07/04/06
JUA
WGAD;
IJL; TOR;
HRD
Chen Guancheng (the subject of previously
transmitted communications,
E/CN.4/2006/6/Add.1, para. 24). He was
interviewed on 28 November 2005, during the visit
of the Special Rapporteur on torture
(E/CN.4/2006/6/Add.6, page 58). On 11 March
2006, Chen Guangcheng's neighbour and cousin,
Mr Chen Guangyu, was beaten by four hooded
By letter dated 14/06/06, the Government
reported that on 11 March 2006, Chen
Guangcheng and his family members Chen
Guangjun, Chen Guangyu and others,
assembled a crowd of villagers and obstructed
traffic, causing a major traffic jam on national
highway 205. On 12 March, Chen Guangjun
and Chen Guangyu were taken into criminal
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men who were waiting for him nearby his home.
When Chen Guangcheng discovered this, he went
out from his house with another villager, Chen
Guangjun, towards the Yinan Local Government
to seek an investigation into the beating. When
they were a few meters from the house, the three
of them were arrested (Chen Guangcheng, Chen
Guangyu and Chen Guangjun) by officers of the
Yinan Public Security Bureau, and taken to the
local police station. Their families were notified
that they would be detained for 24 hours in order
to investigate their participation in an offence
named blocking the traffic”. However, they are
still detained. Chen Guangcheng has not been
allowed to contact his lawyer, nor his family since
his detention on 11 March 2006. Moreover, it is
reported that law lecturer, Xu Zhiyong, and
lawyers Li Fangping and Li Subinhad, are facing
harassment from the authorities and their
employers because they provided advice to Chen
Guangcheng in cases related to forced
sterilization and abortion policies in Linyi.
detention, in accordance with the law, on
suspicion of having committed an offence
under article 291 of the Chinese Criminal
Code, on the gathering of crowds for the
purpose of disrupting the movement of traffic.
Chen Guangcheng was held for questioning by
the local public security authorities, in
accordance with the law, on suspicion of
involvement in the offence at the scene of the
crime, and was released at 9 pm on 12 March.
In dealing with Chen and his associates, the
public security authorities acted in compliance
with the law, in remanding them in custody or
holding them for questioning. Throughout this
period their lawful rights were fully protected
and there is no substance to the allegation that
Chen Guangcheng was subjected to beatings
and placed under house arrest.
35.
13/04/06
JUA
SUMX;
TOR; CTR
Ismail Semed, an ethnic Uighur from Xinjiang
Uighur Autonomous Region (XUAR), who is
believed to be at imminent risk of execution.
Ismail Semed was convicted by the Urumqi
Intermediate People's Court on 31 October 2005
for attempting to split the motherland” and other
charges related to possession of firearms and
explosives. The possession of firearms charges
against Ismail Semed appear to have been based
on old testimonies taken from other Uighurs,
some of whom were reportedly executed in 1999.
By letter dated 12/07/06, the Government
reported that onl3 August 2004, the Urumchi
City procuratorial authorities instituted criminal
proceedings against him with the Urumchi City
Intermediate Level People's Court for the
offences of separatism, unlawful manufacture
of ammunition and the causing of explosions.
In January 1997, Ismail Semed, together with
Hasan Mahsum (later shot dead in Pakistan)
and Abdukadir Amat (now on the run), slipped
out of the country through the City of Xiamen
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According to reports, those testimonies
might
and made their way to Saudi Arabia to meet
have been extracted through torture.
Kurban Aji and other persons, to propagate the
notion of an independent Xinjiang, to carry out
separatist activities and to drum up support.
Soon after, Semed and the two other men
travelled to Rawalpindi in Pakistan, to meet
Uighur students and other young Uighurs
engaged in business in that city, preaching to
them and urging them to form an organization
and to go to Afghanistan to receive training, for
the purpose of waging a holy war. In March of
that same year, Semed and the other men
convened a preparatory meeting of the East
Turkestan Islamic Movement and, following a
division of tasks, Ismail Semed was appointed
in charge of military operations. Thereafter,
Ismail Semed and the other men continued to
develop and expand the organization,
establishing military bases, recruiting
members, conducting fund-raising and other
activities and forging links with Afghan Taliban
bases and bases run by Bin Laden, striking an
agreement with them on the provision of free
training for their jihadists. From May 1997 to
January 1998 Semed and his accomplices
organized the transport of some 100 Uighur
jihadists from Pakistan and the Middle East to
the above-mentioned military camps for
training. After completing their training, Semed
and the others appointed Usman Imat in
charge and sent him to take 13 men to Xinjiang
to set up workshops to manufacture
explosives, to conduct training and to develop
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jihadist columns. After arriving in Xinjiang,
Usman and the others purchased 1,053 boxes
of erbium nitrate, for use in preparing
chemicals and other reagents for the
manufacture of explosives, and set up
explosive manufacturing workshops in Turfan,
Hotan and other cities. They trained some 100
men in the use of chemicals and reagents for
the manufacture of explosive devices,
detonators and blasting fuses and in weapons
technology. On 5 December 1997 Semed
attended a conference of the formally
constituted East Turkestan Islamic Movement,
held in Rawalpindi in Pakistan, and was
appointed military commander. The
conference resolved that the goal of the
organization would be to liberate East
Turkestan through a holy war and to set in
place an Islamic State, and mapped out a
strategic plan for the period ahead. In mid-
December1998, Semed and others organized
a meeting in Rawalpindi at which they decided
to break away from the East Turkestan Islamic
Movement and form a separate grouping.
They deposed their former leader, Hasan
Mahsum, assumed control of their members
and funds in Afghanistan and started to look
for ways of illegally entering Xinjiang, so as to
prepare for the conduct of military jihadist
activities in that region. On 16 September 2004
the Urumchi intermediate level people's court
commenced hearings on this matter. Given
the complexity of this case, it is still under
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consideration.
36.
18/05/06
JUA
WGAD;
FRDX;
TOR;
Several petitioners in Shanghai. On 13 February
2006, more than a dozen petitioners had a
meeting with an American consular official at the
house of petitioner Ms Fu Yuxia. Following the
meeting, several petitioners were arrested and
detained in connection with the meeting. Amongst
them were Mr Chen Xiaoming, Ms Fu Vuxia,
and Mr Han Zhongming. Chen Xiaoming was
arrested on 15 February by police officers from
Shanghai's Luwan District Public Security Bureau
(PSB) and was held in a room at the PSB station.
He is suspected of taking the American consular
official to the meeting place. On 6 March, he was
stripped naked and physically abused. Reports
further indicate that Chen Xiaoming's
whereabouts have been unknown since 31 March.
Fu Yuxia was also arrested on 15 February. She
was released on 5 April, and since then has been
kept under house arrest. Han Zhongming and his
wife were subjected to surveillance following their
participation in the meeting with the American
diplomat. On 16 February, HanZhongmingwas
detained while he was at his friend's house. His
wife has reported his disappearance to the police,
but no action has been taken by the police. His
At the time this report was finalized, the reply
of the Government of 20/1 2/06 had not been
translated.
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whereabouts remain unknown. On the same day,
in a separate incident, Ms Ma Yalian, a housing
rights petitioner who was the subject of three
previously transmitted communications, was
arrested at the home of a friend on 15 February.
She was held at Fengqi Hotel in Pudong New
District under the watch of a dozen police officers.
She was released on 6 May, but is reportedly still
under house arrest.
37.
29/06/06
JUA
WGAD;
TOR;
Yusuf Kadir Tohti and Abdukadir Sidik,
originally from Xinjiang Uighur Autonomous
Region (XUAR). After having being forcibly
returned from Almaty to Urumqi by Kazakh
authorities on 10 May 2006, they are being held in
incommunicado detention.
38.
14/07/06
JUA
FRDX;
HRD; IJL;
TOR;
Mr Chen Guangcheng, a la 'er and human
rights defender in Linyi, Shandong Province in
China and Mr Guo Qizhen, a volunteer in the
Tianwang Disappeared Persons Service Center in
Cangzhou City, Hebei Province. The Tianwang
Disappeared Persons Service Center assists
relatives of missing persons to publicise their
stories on the internet in order to find their
relatives. Mr Chen Guangcheng was already the
subject of a previously transmitted communication
(see above). On 12 May 2006, Mr Guo Qizhen
was placed under house arrest by local security
forces, while he was participating in a hunger
strike to protest against alleged human rights
violations committed by the Chinese authorities.
On 6 June 2006, Mr Guo Qizhen was reportedly
charged with inciting subversion of state power”
and is currently being held in the No. 2 Detention
By letter dated 3/10/06, the Government
reported that on 12 May 2006, Guo Qizhen
was taken into police custody, in accordance
with the law, for breach of the provisions of
articles 105, paragraph 2, and 106 of the
Criminal Code and on suspicion of having
committed the offence of fomenting subversion
of the political power of the State. On 6 June
his remand in detention was approved by the
procuratorial authorities and his case is
currently under consideration.Through his
conduct, Guo is suspected of having
committed the offence of fomenting subversion
of the political power of the State. The
Government further reported that on 10 June
2006, the public security authorities, acting in
accordance with the law, took Chen
Guangcheng into police custody and launched
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Center in Cangzhou City. On 10 June 2006, Mr
Chen Guangcheng was charged with deliberate
destruction of property” and organizing a mob to
disrupt traffic”, allegedly after he had spent 89
days in incommunicado detention in the Yinan
County Detention Centre, where he remains. It is
reported that he was arrested on 11 March 2006
but that his family were not informed of his
whereabouts until 11 June 2006. It is still unknown
whether Mr Chen Guangcheng has been finally
allowed to see his lawyer.
an investigation into his actions. On 21 June
his remand in detention was approved by the
procuratorial authorities and, on 26 June, the
matter was referred to the procuratorial
authorities for review and prosecution. On 4
July, the Yinan County Procurator's Office
referred his case to the Yinan County People's
Court for prosecution for the offences of wilfully
causing damage to property and assembling a
crowd for the purpose of disrupting traffic.On
24 August, the Yinan County People's Court
instituted proceedings in this case. As the
offender in this case is blind, leniency could be
applied in his case. That same day, the Yinan
County People's Court decided as the court of
first instance to sentence Chen to seven
months' fixed-term imprisonment for the
offence of wilfully causing damage to property
and to four years' fixed-term imprisonment for
the offence of gathering a crowd to disrupt
traffic and ordered him, accordingly, to serve a
sentence of four years' and three months'
fixed-term imprisonment. During the legal
proceedings in this case, the court fully upheld
the defendant's rights in litigation and in the
courtroom his two defence lawyers were able
to provide full defence services.
39.
18/07/06
JUA
SUMX;
TOR;
Mr Xu Shuangfu (also known as Xu Wenku) and
Mr Li Maoxing , two Chinese religious leaders
belonging to a group known as the Three Grades
of Servants” who were sentenced to death on 28
June 2006. They were accused of murdering
twenty leaders of a religious group known as the
By letter dated 21 /08/06, the Government
reported that from 28 February to 3 March
2006 the Shuangyashan Intermediate People's
Court in Heilongjiang Province conducted an
open trial in the criminal cases brought against
Xu Shuangfu and others for a series of crimes.
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Eastern Lightning group. Xu was also accused of
defrauding his congregation of over thirty-two
million Yuan. Xu Shuangfu, was kidnapped in
April 2004 by gun-wielding men in a police car
while visiting congregation members in
neighboring Haerbin, Heilongjian Province,
Reports indicate that he was held incommunicado
for some time before his family was informed of
his detention. Concern has been expressed that
Xu Shuangfu and Li Maoxing confessed to their
murder charges under torture and subsequently
denied their guilt during their trial which was held
at the Shuangyashan Intermediate Court, from 28
February to 3 March 2006.
On 4 July 2006 the court handed down its
sentence: Xu Shuangfu and Li Maoxing were
found guilty of the crimes of murder, wilful and
malicious injury, unlawful detention and fraud,
for which they were sentenced to death, in
accordance with the law; they were also
deprived of their political rights for life and their
personal property was confiscated. In
conducting this trial, the Chinese judicial
authorities adhered to the facts of the case,
took the law as their criterion, applied the law
properly and proceeded in accordance with the
law.
40.
11/08/06
JAL
RINT;
TOR;
Trafficking;
Organ harvesting. Organ harvesting has been
inflicted on a large number of unwilling Falun
Gong practitioners at a wide variety of locations,
for the purpose making available organs for
transplant operations. Vital organs including
hearts, kidneys, livers and corneas were
systematically harvested from Falun Gong
practitioners at Sujiatan Hospital, Shenyang,
Liaoning Province, beginning in 2001. The
practitioners were given injections to induce heart
failure, and therefore were killed in the course of
the organ harvesting operations or immediately
thereafter. It is reported that employees of the
following transplant centres have indicated that
they have used organs from live Falun Gong
practitioners for transplants: Zhongshan Hospital
Organ Transplant Clinic in Shanghai, Qianfoshan
City Liver Transplant Hospital in Shangdong,
Nanning City Minzu Hospital in Guangxi
By letter dated 28/11/06, the Government
reported that in March 2006, Falun Gong
began fabricating the so-called Sujiatun
concentration camp” issue, saying that 6,000
practitioners had been incarcerated in Sujiatun
Hospital in Shenyang, Liaoyang Province, and
that two thirds of them had had organs
removed from their living bodies and the
corpses cremated to destroy the evidence. In
order to clarify the facts, the Sujiatun District
government carried out an investigation at the
hospital; domestic and foreign media including
Japan's NHK and Hong Kong's Phoenix
Satellite Network and Ta Kung Pao conducted
on-site interviews; and two visits were paid by
US consular personnel. Based on the results of
these investigations it was discovered that the
hospital only had 300 beds and was
completely incapable of housing more than
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Autonomous Region, Jiaotong University Liver
6,000 persons. There was no basement for
Transplant Centre in Shanghai, Zhengzhou
incarcerating practitioners, as alleged. The so-
Medical University Organ Transplant Centre in
called cremation oven” is in fact a
Henan, Oriental Organ Transplant Centre in
boiler/furnace room, whose primary function is
Tianjin City, Tongji Hospital in Wuhan City in
to provide heat and disinfect medical
Hunan and General Hospital of Guangzhou
instruments. This boiler room has several
Military Regional in Guangdong. It is reported that
transparent glass windows and a lawn outside
employees from the following detention facilities
that is open to the public where nearby
have indicated that organs from Falun Gong
residents come daily to stroll. In such a place,
detainees have been used for transplants: Mijiang
there is simply no way to cremate corpses in
Detention Centre in Heilongjiang, First Detention
secret, continuously, and in large volumes. The
Centre of Qinhuangdao City in Shangdong
rumors fabricated by Falun Gong collapse on
Province and Second Detention Centre of
their own. Everyone recognizes that Sujiatun
Qinhuangdao City in Shangdong Province. After
Hospital is nothing but a simple hospital to
the organs were removed, the bodies were
treat coronary disease and that there is no
cremated, and no corpse is left to examine for
evidence to show that it is being used for any
identification as the source of an organ transplant.
purpose. This once again proves that the
Once the organs were removed they were
Sujiatun concentration camp” fabricated by
shipped to transplant centres to be used for
Falun Gong is nothing more than a rumor. As a
transplants for both domestic and foreign patients.
WHO Member State, the Government
Officials from the following detention facilities
resolutely abides by the WHO 1991 Guiding
have indicated that courts have been involved in
Principles on Human Organ Transplants and
administering the use of organs from Falun Gong
strictly forbids the sale of human organs.
detainees, namely: Qinhuangdao Intermediate
Human organ donation must be done
People's Court in Shangdong Province, First
voluntarily and with the written consent of the
Criminal Bureau of the Jinzhou Intermediate
donor. The human organ transplant
People's Court and Kunming Higher People's
regulations that took effect on 1 July 2006
Court. It is reported that there are many more
reiterate that human organs must not be sold,
organ transplants than identifiable sources of
that human organs used for transplant by
organs, even taking into account figures for
medical facilities must have the written consent
identifiable sources, namely: estimates of
of the donor, that a donor has the right to
executed prisoners annually, of which a high
refuse to donate before the organ transplant
percentage of organs are donated, according to
takes place, and that medical facilities carrying
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the statement in 2005 of the Vice Minister of
out human organ transplants must have the
Health Mr Huang Jiefu; willing donor family
capacity to ensure medical quality and safety
members, who for cultural reasons, are often
in accordance with ethical principles. The goal
reluctant to donate their organs after death; and
of these regulations is to standardize and
brain-dead donors. Moreover, the reportedly short
improve the management of clinical practice of
waiting times that have been advertised for
human organ transplant operations in order to
perfectly-matched organs would suggest the
safeguard medical quality and safety.
existence of a computerized matching system for
Presently, the relevant government agencies
transplants and a large bank of live prospective
are drafting human organ transplant
donors. It is alleged that the discrepancy between
regulations in order to create the necessary
available organs and numbers from identifiable
regulation of human organ donation,
sources is explained by organs harvested from
registration, matching, and transplant. China
Falun Gong practitioners, and that the rise in
absolutely does not allow forced donation or
transplants from 2000 coincides and correlates
trafficking in the corpses or organs of executed
with the beginning of the persecution of these
criminals, which are used in strict accordance
persons. On organ transplants, in general, it has
with the relevant regulations. Notably: written
been reported that in March 2006, legislation was
consent must be received from the criminal to
introduced which bans the sale of human organs
be executed and his family; approval must be
and requires the donor to give written permission.
received from the provincial-level health
The legislation also limits transplants to certain
authority and the provincial-level higher
institutions, which must verify the source of the
people's court; and the unit using the organs
organs. This law came into force on 1 July 2006.
must have the authority/capacity to conduct
Contrary to the Government assertion that human
medical science research or transplant
organs have been prohibited from sale, in
operations. The question of organ donation is
accordance with the 1991 WHO guiding
not part of the inquiries made at the time of
principles, it has been reported that up to this time
execution. Those death-row criminals who
Chinese law has allowed the buying and selling of
wish to donate their corpse or organs after they
organs; has not required that donors give written
are executed must express this voluntarily in
permission for their organs to be transplanted;
writing. Mobile execution vehicles are used
there has been no restriction on the institutions
solely by the courts to carry out execution by
which could engage in organ harvesting or
lethal injection. They do not, and are strictly
transplants; there was no requirement that the
forbidden to, transport organs. According to
institutions engaged in transplants had to verify
Chinese laws and regulations, individuals who
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that the organs being transplanted were from legal
sources; and there was no obligation to have
transplant ethics committees approve all
transplants in advance. Moreover, evidence
exists, for example, that at least up until April 2006
price lists for organ transplants in China were
published on the Internet.
are sentenced to death are those criminals
who have committed extremely serious crimes
and who should be sentenced to death and
executed immediately (i.e. without reprieve),
not for being Falun Gong practitioners. For this
reason, there are no statistical data for Falun
Gong practitioners who have been executed.
In order to deal with the problem of organ
supply, each country typically uses two
methods: one, to increase social awareness
and mobilize the population to donate organs;
and two, to facilitate live organ donation and
transplant between relatives. China's methods
are not exceptions. Moreover, it has placed
serious restrictions: citizens who donate live
organs must be at least 18 years old and be in
possession of full civil capacities; and the live
organ recipient must be the spouse, direct
blood relative, or within three generations of
collateral blood relatives.
41.
22/08/06
JUA
HRD; IJL;
TOR;
Gao Zhisheng, aged 42, a human rights lawyer in
Beijing (the subject of previously transmitted
communications, see above). On 15 August 2006,
he was residing with his sister in the city of
Yingshe, Shadong Province. At noon, ten to
twelve plain clothes officers of the Beijing Public
Security Bureau entered the house and detained
him for questioning related to his suspected
involvement in criminal activities”. It is reported
that Mr Gao had been under strict surveillance by
the secret police for several months prior to this.
The day before he was detained, the phone of the
house where he was residing was disconnected,
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as were the phones of many of his relatives, who
also received warnings from the police. Mr Gao's
whereabouts remain unknown. The Special
Rapporteur (TOR) recalls that he strongly
protested to the Ministry of Foreign Affairs against
the intimidation and surveillance by the security
services that Mr Gao was subjected to during
their meeting in Beijing on 20 November 2005
(E/CN.4/2006/6/Add.6, para. 10; and Appendix 3,
paras. 2-3). Moreover, he regrets that despite the
numerous further allegations of threats and
intimidation he has received concerning Mr Gao,
no measures have been carried out by the
Government to investigate and prevent them .
42. 31/08/06 JUA RINT; Bu Dongwei (also known as David Bu), aged 38, At the time this report was finalized, the reply
TOR; Falun Gong practitioner. On 19 May 2006, he of the Government of 28/11/06 had not been
was detained by around seven police officers at translated.
his home in the Haidian District of Beijing. On 19
June, he was assigned to two and a half years re-
education through labour by the Beijing Re-
education Through Labour Committee, which has
the power to impose periods of arbitrary detention
without charge or trial. He was accused of
resisting the implementation of national laws' and
disturbing social order'. Despite repeated
requests to the authorities, his family have not
been told where he is being detained although
unconfirmed reports have been received that he
may have been transferred to Tuanhe Re-
education Through Labour facility in Beijing on 21
August. There are concerns that he is at risk of
torture or other ill-treatment. Bu Dongwei had
previously served a term of ten months re-
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education through labour from August 2000 to
May 2001 in Tuanhe for using a heretical
organization to disrupt the implementation of the
law'. During this period, he was reportedly beaten
and made to sit all day in a small chair. He was
also subjected to sleep deprivation aimed at
forcing him to renounce his belief in Falun Gong.
43.
22/11/06
UA
TOR;
He Depu. He was interviewed by the Special
Rapporteur on Torture on 22 and 24 November
2005 at Beijing No. 2 Prison, during his visit to the
People's Republic of China
(E/CN.4/2006/6/Add.6, Appendix 2, para. 6). In
the recent past, his diet and physical condition
have deteriorated sharply. He is reported to be
emaciated, having lost approximately 18kg.
Concern is expressed that his physical and mental
integrity may be at further risk without provision of
medical treatment.
44.
30/11/06
JUA
WGAD;
HRD; IJL;
TOR;
VAW;
Gao Zhisheng, a lawyer and Director of the
Shengzhi Law Office in Beijing, his wife Ms Geng
He, their children aged 13 years and two years
and his 70 year old mother-in-law. On 24
November 2006 Ms Geng was beaten by
members of the State Security police who had
been following her movements and keeping her
under surveillance. It is reported that Ms Geng,
her 13 year old daughter and her mother have
been constantly followed by police for
approximately three months. The incident
reportedly took place on a street in Beijing
(Jingsong Road, near the Lidu Hotel on bus route
408), after Ms Geng told three police officers (two
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male, one female) to stop following her and her
children. As a result of the beating by the two
male police officers, Ms Geng is reported to have
sustained loosened teeth, a bleeding mouth and
gums, her fingernail on one hand completely torn
off and her leather clothing ripped into pieces. It is
further reported that Mr Gao and Ms Geng's 13
year old daughter, Gege, has also been harassed
by the State Security Police who follow her at all
times, including while she is in school. It is
reported that they follow her to her classroom, in
the school corridors and even to the bathroom,
which makes her educational environment
difficult. Furthermore, on 21 November, it is
reported that Beijing police showed their badges
and attempted to pick up Tianyu, their two year
old son, but his kindergarten teacher refused to
comply. It has also been reported that Ms Geng's
70 year old mother is tailed by police if she leaves
the house. On 12 October 2006, Mr Gao Zhisheng
was formally charged with incitement to subvert
the State”. It is reported that on 6 October 2006,
Ms Geng's birthday, she was allowed to see her
husband at the Beijing No. 2 Detention Centre
where they were watched and interrupted by
police officers throughout the visit which lasted for
approximately 20 minutes. However sources
indicate that Mr Gao has still not had access to his
lawyer Mr Mo Shaoping despite the recent
discovery of his current whereabouts, as the
authorities have reportedly stated that his case
concerns State secrets”. Prior to 6 October 2006
he had allegedly been held incommunicado since
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15 August 2006 when he was arrested without a
warrant at his sister's house in Dongying City in
Shandong Province, by more than 20 plain
clothes police officers from the Beijing Public
Security Bureau. According to reports, the official
Xinhua News Agency released a statement on 18
August 2006 stating that Mr Gao had been
arrested on suspicion of breaking the law”
however details of the alleged crime he had
committed were not provided .
45. 01 /1 2/06 JUA WGAD; Zhang Hongwei, member of Falun Gong,
RINT; residing at Tonghua District, Jilin Province,
TOR; currently detained at Jilin Prison. His health
condition is severe. By the beginning of 2006, he
was diagnosed with type Ill tuberculosis. Body
fluid was accumulating in his chest and in March
2006 he also suffered from pleurisy, high blood
pressure and heart disease. Thereafter, he was
transferred to the prison hospital, however, still ill-
treated by prison guards. Several applications by
Mr Zhang's family for medical parole and access
to his x-rays were refused. Further, his family was
denied permission to visit him. Concern is
expressed as regards his deteriorating health and
physical integrity, also in view of his
incommunicado and solitary detention. Mr Zhang
was arrested in Beijing and sentenced to 11 years
of imprisonment in 2001. Later that year he was
transferred to Tiebei Prison in Changchun city,
where he went on a 53 day hunger strike, and
then, in March 2002, to Jilin Prison. There, Mr
Zhang was held in solitary confinement for two
years and five months and ill-treated.
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46.
Follow-
up to
past
cases
Huang Zhiqiang, Fang Chunping, Cheng
Fagen and Cheng Lihe. (E/CN.4/2006/6/Add.1,
para 24).
By letter dated 12/01/06, the Government
reported that on 19 June 2002, Huang
Zhiqiang, Fang Chunping, Cheng Fagen and
Cheng Lihe were arrested and they are
currently being held in custody. Concerning the
allegation that the four persons have been
subjected to torture, the Leping People's
Procurator's Office assigned two procuratorial
officials to make a careful study of the case.
These officials were present on numerous
occasions when the suspects made
statements and identified the scene of the
crimes and they found no evidence at all that
the investigating officers had employed any
unlawful methods in their handling of the case,
such as extorting confessions by torture, etc.
Throughout the course of the investigation, the
officials handling the case made sound and
video recordings of the questioning of the
defendants and the identification of the scene
of the crime. The disc containing the sound
and video recordings of the questioning of the
four defendants and the identification of the
scene of the crime was carefully studied and
the recordings showed no evidence that the
police had used beatings, verbal abuse, or
threats; the criminal suspects were seen to be
in a stable and calm state of mind and no
harsh treatment was used against them: they
showed no signs of fear or having been
intimidated and freely confessed their crimes.
The criminal suspects Huang Zhiqiang and
Cheng Lihe are able to correspond with their
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families while being held in preventive
detention and they have freely admitted that
they had committed serious offences, and
have shown themselves to be extremely
repentant. When the procurator's office
commenced its examination of the appeal
stage of the proceedings, the suspects
complained to the procuratorial authorities that
the investigative officers had extorted
confessions from them by the use of torture
and showed abrasions on their wrists to prove
it. The oversight division of the Leping
People's Security Bureau conducted a special
investigation, but did not find any evidence that
the investigating officers had extorted
confessions by torture. An examination of the
criminal suspects revealed that the abrasions
on their wrists and the resulting bruising had
been caused by pressure from the clasps of
their handcuffs (because of the gravity of the
offences committed by the four offenders, the
investigating officers had put handcuffs on
them, as provided for by law).
47.
Shi
Xing-wu and
Wu Ze-heng
By letter dated 18/04/06, the Government
(E/C
N.4/2006/6/A
dd.1, para.
25).
reported that Wu Zeheng, also known as Wu
Wenheng and Wu Zeheng, prior to his arrest,
was the legal representative and director of the
Beijing Huazang Consulting Centre. On 2
November 2001 he was sentenced by the
Beijing Supreme People's Court to 11 years'
imprisonment (from 31 July 1999 to 30 July
2010) and deprived of his political rights for 2
years for the crimes of illegal business
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operations and unauthorized floating of stocks.
He is currently serving his sentence in the
Huaiji prison in Guangdong Province. A
physical examination conducted after Wu
entered prison yielded a positive reaction for
tuberculosis. As a carrier of the tuberc le
bacillus, he was treated with medication and
was cured; he did not suffer ... from a fever of
40.2 Celsius”, and his health is now normal.
After entering prison Wu was able to visit with
family members for the time prescribed by
regulation, and he received more than 80
letters and six parcels. He has submitted
written appeals to the National People's
Council and to judicial bodies, which the prison
authorities always transmit promptly. Like
other criminals, Wu works eight hours a day;
on no day does he ever work more than 13
hours. Wu has never been placed in solitary
confinement, and the room where he is
detained has a surface area of 26.4 square
metres and has excellent light and ventilation.
Wu's legitimate rights and interests are
guaranteed in accordance with the law. An
investigation has revealed that there is no one
in any Chinese prison by the name of Shi
Xingwu.
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48.
Colombia
31/05/06
JUA
FRDX;
HRD;
Indigenous
People;
SUMX;
TOR;
Incidentes ocurridos con motivo de una serie
de manifestaciones celebradas en los
Departamentos del Cauca, Narino, Neiva y Huila
en el marco de Ia Gran Cumbre de
Organizaciones Sociales en defensa de Ia vida,
del territorio, Ia dignidad, Ia autonomia y Ia
soberania nacional”. El 14 y 15 de mayo de
2006, mãs de 50.000 personas de distintos
sectores de Ia sociedad civil colombiana se
habrian congregado en diversos puntos del pals
para protestar de manera pacifica contra Ia firma
del Tratado de Libre Comercio, Ia reelecciôn de
Alvaro Uribe Vélez y Ia adopciôn de Ia Ley de
Justicia y Paz. SegUn se informa, el 15 de mayo
de 2006, en Ia ciudad de Popayãn, capital del
Departamento del Cauca, el Escuadrôn Môvil
Antidisturbios (ESMAD) de Ia Policia Nacional
habria intentado disolver por Ia fuerza Ia
concentraciôn de las mãs de 1.000 personas que
se manifestaban frente a las instalaciones del
SENA (una escuela tecnica). Como resultado de
dicha intervenciôn policial, varias personas
habrian resultado heridas, algunas por arma de
fuego. Otros manifestantes, que habian decidido
ocupar el edificio del SENA, habrian sido
desalojados por Ia fuerza lo que habria
provocado un enfrentamiento con las fuerzas del
orden que se habria prolongado hasta altas
horas de Ia madrugada. SegUn los informes,
integrantes del ESMAD habrian entrado en el
barrio de Ia Paz, donde se encontraban algunos
manifestantes a los que habrian atacado con
gases lacrimôgenos. Como resultado de esta
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intervenciôn policial, al menos 60 manifestantes y
residentes del barrio, habrian resultado heridos, y
mãs de 40 personas habrian sido detenidas,
entre ellas cinco menores de edad. El 16 de
mayo de 2006, a lrededor de 15.000
manifestantes congregados en Ia finca La Maria,
en Ia localidad de Piendamo, Departamento del
Cauca, habrian ocupado un tramo de Ia autopista
Panamericana. El ESMAD, Ia policia de carretera
y el Ejercito Nacional habrian intervenido con
acciones aéreas y por tierra. En el transcurso de
esta intervenciôn Pedro Mauricio Coscue de
etnia indigena, habria sido asesinado, y mãs de
100 personas, en su mayoria indigenas, habrian
resultado heridas, entre ellas 7 menores de edad.
Ademãs, M.V.C. , de entre 16 y 17 años,
habitante de Ia vereda San Pablo, Resguardo
Indigena Corinto, Tierra Adentro, se encontraria
desaparecido. SegUn los informes, al menos 24
manifestantes habrian sido detenidos durante los
enfrentamientos, entre ellos los periodistas
Marcelo Forero, del periôdico virtual “El
Turb/ón”, JesUs Lopez y Carmen Eugenia
LeOn, de Ia emisora de Ia oficina de
comunicaciones del resguardo indigena de La
Maria y Richard Calpa, director de Ia emisora La
Libertad del municipio de Totorô. SegUn los
informes, los 4 periodistas habrian sido liberados
sin cargos el 22 de mayo de 2006. Se alega
también, que las fuerzas del orden pUblico
habrian confiscado los materiales de grabaciôn
de diversos miembros de Ia prensa.
El 15 de mayo en Neiva, capital del
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Departamento del Huila, miembros del equipo
periodistico del programa de television TV
novedades habrian sido agredidos por varios
encapuchados, quienes ademãs les habrian
sustraido el material de grabaciOn. Los hechos
habrian ocurrido en las instalaciones de Ia
Universidad Surcolombiana., donde los
periodistas se encontraban cubriendo Ia
ocupaciOn de las instalaciones de este centro
educativo por parte de varias comunidades
indigenas. El 16 de mayo de 2006 miembros del
ESMAD habrian disparado contra los
manifestantes cuando trataban de detener una
movilizaciOn campesina e indigena en el lugar
conocido con el nombre de El Pital, cerca de
Mondomo, Departamento del Cauca.
Finalmente, se alega que Ia fuerza pUblica habria
agredido a los manifestantes que se encontraban
bloqueando Ia carretera Panamericana a Ia altura
del sector conocido como “Remolinos” en el
Departamento de Narino, resultando gravemente
heridos los Sres. Bayardo Rosero, quien habria
sido herido en el abdomen con arma de fuego y
Dagoberto Mestra, quien se encontraria en
estado critico.
49.
28/07/06
JUA
HRD;
D. V. P., niño indigena de Ia Comunidad de los
Indigenous
Kankuamo, de 14 años de edad, hijo del lider
People;
kankuamo de Ia Sierra Nevada de Santa Marta,
TOR;
Imer VillazOn Arias. El pasado 7 de julio de 2006,
a las 3.15 de Ia tarde, mientras D.V.P. se
encontraba en Bogota realizando actividades
ligadas a los indigenas desplazados de su
comunidad, fue presuntamente detenido por dos
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agentes motorizados adscritos a Ia Policia
Metropolitana (se alega que el nUmero de placa
de Ia motocicleta mencionada es LQO 29). Una
vez arrestado, lo habrian atado al vehiculo y lo
habrian arrastrado sobre el asfalto, a pesar de las
quejas y sUplicas del menor. Se alega que
mientras era arrastrado, el policia que se
encontraba sentado en Ia parte posterior de Ia
moto lo habria golpeado en Ia cabeza en diversas
ocasiones con un casco. Posteriormente, el
menor habria sido Ilevado al Centro de Atenciôn
Inmediata del barrio Las Lomas, donde habria
sido detenido, siendo liberado poco despues por
falta de cargos. Se alega que en el mes de abril el
menor habia sido encanonado por miembros de
Ia Policia y obligado a salir de una tienda donde
se encontraba comprando. La informaciôn
recibida señala que este hecho no habria sido
denunciado por haber sido considerado un hecho
aislado .
50. Follow- Emérita Guana Por carta con fecha 24/03/06, el Gobierno
upto (E/CN.4/2006/6/Add.1, para. 41) informô que con ocasiôn de Ia denuncia
past instaurada por Ia señorita Emérita Guaña ante
cases Ia Fiscalia Local de Coconuco, Cauca, se
adelanta investigaciôn penal por una presunta
conducta punible contra Ia Libertad, Integridad
y Formaciôn Sexuales; especificamente por
acceso carnal violento, Ia cual se encuentra
identificada bajo el radicado nUmero 126775.
El 10 de agosto de 2005, Ia misma fiscalia
recibiô queja del Sr. Libardo Ivan Sanchez
Collazos, Rector del Centro educativo donde
estudia Emérita Guaña, aludiendo a los
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hechos y solicitando intervenciôn inmediata
de lajusticia. El 10 de gosto de 2005, con Ia
colaboraciôn de Ia fuerza pUblica y previa
formaciôn de los soldados, Ia Srta. Guana
reconociô como posibles agresores a dos de
ellos, adscritos al Batallôn José Hilario Lopez,
uno de los cuales desertô de las filas militares
eli 1 de agosto del mismo ano.El 18 de agosto
del 2005 se decretô Ia apertura de Ia
instrucciôn, teniendo como presunto
responsable al soldado desertor, sobre quien
se dictô orden de captura, Ia cual no ha podido
hacerse efectiva, a pesar de los ingentes
esfuerzos de bUsqueda e inteligencia de Ia
policia judicial. El imputado fue vinculado al
proceso mediante resoluciôn de fecha 28 de
noviembre de 2005, con Ia que se le declarô
persona ausente. En materia disciplinaria, le
corresponde al Ejército Nacional, Batallôn
José Hilario Lopez de Ia ciudad de Popayãn,
adelantar Ia investigaciôn respectiva, debido a
que el imputado hacia parte de esa Unidad.
Se menciona que Ia Srta. Guana fue
efectivamente valorada por un medico del
centro de Salud de Coconuco, quien dictaminô
que en efecto, hubo una violaciôn sexual.
Finalmente, Ia Fiscalia General de Ia Naciôn
indica que no tiene conocimiento sobre
compensaciones a titulo de indemnizaciôn que
Ia Srta. Gauna 0 su familia hayan recibido.
Es importante precisar que ni Ia victima ni su
familia se han constituido como parte civil
dentro del proceso penal que se adelanta,
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para poder obtener ci
resarcimiento
por danos
y perjuicios.
51.
Congo
01/02/06
JAL
IND; MIN;
RACE;
TOR;
Membres de Ia communauté pygmée auraient
été victimes des incidents survenus entre les mois
d'aoOt et octobre 2005. Maurice Sandima,
pygmée Mbendjeie, aurait été battu par des Eco
gardes, empioyes par Ic Gouvernement pour
surveffler les foréts, déshabfflé devant des
femmes et des enfants, et se serait fait dire par
ses agresseurs ((Tu n'es qu'un Pygmee, je peux
te tuer avec mon arme et rien n'arrivera . H aurait
perdu une dent et se serait fait briser deux côtes
dans i'attaque. Jean-Pierre Mossondo, porte-
parole dun VWiage Mbendjeie, aurait été battu par
des Eco gardes sur ia base de suspicions scion
lesque f les U aurait été chasseur, aiors qu'au
moment des faits a été rapporté qu'U ne portait
pas de fusU de chasse et qu'aucun gibier n'avait
été trouvé sur iui. Outre es coups et biessures, M.
Mossondo aurait été force de payer une amende
a un Eco garde appele Apena. Un groupe de
pygmées Mbendjele, accompagnés
d'observateurs de i'Observatoire congoiais des
Droits de i'Homme (OCDH), aurait été
brutalement foufflés par des Eco gardes, sans
raison ni aucun menagement. M. Pota, egaiement
pygmée Mbendjeie, aurait été battu, hgote, puis
abandonné en pleine forét par des Eco gardes,
aiors qu'aucun éiément n'aurait pu laisser
supposer que M. Pota était un chasseur. Piusieurs
autres incidents récents font état de nombreux
cas de violence et de discrimination a l'encontre
des pyqmées Mbendiele, ainsi que dune
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atmosphere generale de violence repetee voire
systematique des Eco gardes contre les
pygmées.
52.
Costa Rica
27/07/06
JUA
HLTH;
Migrants;
TOR;
lndividuo de a lrededor de 30 años de edad
proveniente del CamerUn, quien llegô al
aeropuerto internacional Santamaria de San
José, Costa Rica. Las autoridades de inmigraciôn
habrian rechazado Ia entrada a Ia persona en
cuestiôn. La persona seria seropositiva y podria
padecer asimismo de hepatitis o meningitis. Las
autoridades, incluyendo los servicios de
inmigraciôn del aeropuerto, no le habrian
proporcionado ningUn tipo de asistencia médica o
legal. La persona en cuestiôn estaria viviendo en
una caja de carton, en condiciones higiénicas
lamentables, desde que IlegO al aeropuerto hace
dos meses. Los oficiales de policia del aeropuerto
se habrian negado a proporcionar su nombre a
las personas gue guisieron asistirla.
Por carta con fecha 04/08/06, el Gobierno
informô de que el señor Koagne Apez Yaninck
falleciô el jueves 27 de julio, a consecuencia
de su grave estado de salud. El extranjero, de
33 años, padecia hepatitis By estaba en fase
terminal de SIDA. Cabe agregar que las
autoridades competentes habian autorizado su
estadia en un hotel cercano al aeropuerto
mientras se cumplian los trãmites de
deportaciôn. También se señala que el
extranjero en todo momento recibiô los
cuidados medicos necesarios dada su
enfermedad. El Gobierno remitiO en anexo una
nota institucional de Ia DirecciOn General de
MigraciOn y Extranjeria.
53.
Democratic
People's
Republic of
Korea
20/1 2/05
JAL
Democratic
People's
Republic of
Korea; IJL;
RINT;
TOR;
TRAF;
VAW;
Trafficking of female citizens of the Democratic
People's Republic of Korea (DPRK) in the
People's Republic of China (PRC). The problem is
exacerbated by their cruel, inhuman and
degrading punishment upon their deportation from
the PRC to the DPRK. Nationals of the DPRK
commit a criminal offence if they leave the country
without official permission. In extremely grave
cases the offence allegedly carries the death
By letter dated 4/01/06, the Government
reported that forces hostile to the DPRK are
becoming more reckless with each passing
day in their attempts to defame, disintegrate
and overthrow the State and social system of
the country. As part of these attempts, they are
resorting to every possible means in the
international human rights field, including by
continuing to circulate fabricated information
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penalty. Despite harsh penalties, a considerable
and forcing the allies and various individuals of
number of citizens of the DPRK clandestinely
the world to join their plot against DPRK. In the
cross international borders. There are at least
light of its impure political motives, provocative
50,000 DPRK citizens who have irregular visa
nature and fabricated contents, the
status in the Korean Autonomous Prefecture of
communication sent to the Government, at the
Yanbian (Jilin Province, PRO), which borders the
same time as the above attempts, can be
DPRK and is home to about one million Ohinese
construed as nothing but an inevitable product
citizens of Korean ethnicity. The People's
of a conspiracy undertaken in line with the
Republic of Ohina has a general policy of
attempts of hostile forces. Therefore the
arresting and deporting DPRK citizens who do not
Government resolutely rejects the
possess a valid visa. The Ohinese authorities
communication. It cannot ignore the fact that
consider them to be irregular migrants who cross
the Special Rapporteur on the situation of
the border for purely economic reasons. Upon
human rights in the DPRK, who has taken
their return to the DPRK, deported persons are
sides with the hostile forces, is among the
usually first taken to the state security agency
sponsors of the communication. As stated on
(bowibu) where they are subject to beatings,
several occasions, the Government rejects the
humiliating body searches, and interrogated on
resolution on DPRK, which is aimed at
their activities in Ohina. After the interrogations,
overthrowing the State and social system, and
which can take a week or longer, the majority of
does not even recognize the Special
persons are sent without trial or any form of
Rapporteur appointed pursuant to that
judicial process to a labour training camp (nodong
resolution. This position of the Government will
danryundae) or a provincial detention centre
remain invariable. As for the five other thematic
(jipkyulso), close to their hometown. Upon arrival,
rapporteurs listed in the letter, the Government
they are usually again stripped, searched,
treated them with sincerity in the past, inter
interrogated and beaten. Detained for several
alia, replying to them to remove their concerns,
months in inhuman conditions in overcrowded,
and maintaining contacts with them in one way
unsanitary cells, they are forced to perform long
or another, since they then promised to pursue
hours of hard labour. Some detention centres
genuine promotion of human rights, if only by
force prisoners to attend re-education sessions
words. However, they responded to this
every night. Food rations usually consist of corn
sincerity and generosity with hostility by
gruel or soup with a bit of cabbage, three times a
provoking the Government on the basis of
day. The combination of hard labour, sub-
information fabricated by hostile forces. By way
standard food and unsanitary living conditions
of this, they unilaterally turned their back on
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results in high illness rates. Detainees who
the Government and suspended the dialogue
become seriously ill are often released since there
and cooperation with it. Consequently, it will
is no medical care available in these institutions
not deal with them any longer. The
and the authorities do not want to be burdened
Government deserves the right to take
with a dying inmate. Citizens of the DPRK, who
necessary corresponding countermeasures
the authorities believe to have made contact with
against their infringement of its dignity and
churches, citizens of the Republic of Korea or
sovereignty. In the event of any negative effect
journalists or to have engaged in any other
arising therefrom, they should be held
conduct officials consider to be political betrayal,
responsible as offenders. In relation to the
are usually sent to a political labour camp
communication, which is in pursuit of the
(kwanliso) or a re-education labour camp
political aim, having no relevance with human
(kyohwaso) without trial or any form of judicial
rights, the Government is left with no
process, and detained for periods ranging
alternative but to question the impartiality of
between several years and a lifetime. Detainees
the Office of the High Commissioner for
have to perform hard labour while being
Human Rights, in its capacity not only as a
perpetually kept on the verge of starvation. Many
transmitter of the letter but also as an entity
detainees are subjected to various forms of
assisting the work of the Special Rapporteur
torture. Summary executions have also been
on a daily basis. If the principle of impartiality
reported to occur in detention facilities. In 1999,
always advocated by OHCHR had been
for instance, two women were executed in
supported by deeds, such unfortunate things
Onsong Detention Centre after they confessed to
as the case of the transmitted letter, could
having converted to Christianity. The cruel,
have been prevented beforehand. For the
inhuman and degrading punishment of DPRK
above reasons, the Government returns the
citizens who clandestinely crossed the border into
letter of the Special Rapporteurs.
the PRC and were then deported also
exacerbates the human trafficking of women from
the DPRK, who make up about half of all those
who cross the border. Upon arrival in PRC, many
of these women are trafficked and forced to marry
or become the concubines of Chinese men.
Human traffickers systematically target the
women, who are usually hungry and desperate,
by approaching them in the border region and
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promising them food, shelter, employment and
protection. Once the traffickers have gained the
women's confidence, the women are lured to an
apartment, confined and then sold to local men.
The buyers often lock the women in the house, tie
them up, take away their clothing to prevent them
from escaping the forced relationship. In many
cases, the women are also physically abused and
raped by their buyers. Some women are also
trafficked into the sex industry in Jinlin Province
and other parts of the PRO. They are forced to
prostitute themselves in brothels, which are often
disguised as karaoke bars. Since they fear
deportation to and punishment in the DPRK, the
women are effectively denied access to the
protection of the Ohinese authorities. Human
traffickers are well aware of this fact and use it to
subdue their victims by threatening to report them
to the Ohinese authorities if they resist. The
situation is particularly dire for women who have
become pregnant as a result of sexual exploitation
in forced marriages or the sex industry and are
then deported. Pregnant women who the DPRK
authorities suspect of being impregnated by
Ohinese men are often subjected to particularly
harsh treatment and also torture. Their
pregnancies are considered evidence of indecent
sexual relations with foreigners and a betrayal of
the home country. In the past, there have also
been reports about cases in which women were
forced to have abortions or newly born infants
were murdered.
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54.
26/04/06
JUA
WGAD;
Democratic
People's
Republic of
Korea;
SUMX;
TOR;
Mr Son Jong Nam. He is currently held
imprisoned in the basement of the National
Security Agency in Pyongyang, and is in a critical
state of health after he was reportedly tortured at
the hands of members of the National Security
Agency. He is accused of treason and is at risk of
imminent execution without any trial having taken
place. The sentence has been passed by the
National Security Agency.
By letter dated 5/05/06, the Government
reported that the letter of the three Special
Rapporteurs, like previous ones, represents a
product of conspiracy undertaken in pursuit of
the ill-minded aim of spreading fabricated
information while following attempts of those
hostile forces to defame, disintegrate and
overthrow the state and social system of the
DPRK on the pretext of human rights. The
letter has no relevance to genuine human
rights. Therefore the Government resolutely
and categorically rejects the letter once again.
55.
Democratic
Repubic of
the Congo
17/02/06
JAL
TOR;
VAW;
Kashamuka Shombwa, ägé de 40 ans, employe
comme surveillant a Ia société Bralima a Goma, et
M. E., ägé de 17 ans, aide-macon a Ia société
Bralima, ainsi que trois femmes, membres de Ia
famille de M. Mumbere, actuellement détenus a Ia
prison centrale de Munzenze (sauf Kavira
A lphonsine, qui aurait été liberee). Le 6 novembre
2005, une somme importante d'argent aurait été
volée a Ia société Bralima, a Goma. Le 7
novembre une enquete aurait été entreprise par
différents services de l'Etat, notamment Ia Police
nationale congolaise, Ia Direction generale de Ia
Sécurité et une Commission d'enquete composée
par quelques agents de Ia société Bralima.
Quelques jours plus tard, six personnes (quatre
femmes et deux hommes, Kashamuka Shombwa
et M.E.) auraient été arrétées par les agents de Ia
Direction generale de Ia sécurité. Les gardiens du
lieu de detention des services du renseignement
auraient torture M. Mumbere et les quatre femmes
sur ordre de M. Pilipili, Officier de Ia Police
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judiciaire et responsable de Ia Direction generale
de Ia sécurité. Chaque matin et soir, chacune des
victimes aurait reçu 20 coups de baton. Le 19
novembre 2005, us auraient été amenés a Ia
residence du Commandant de Ia Séme region
militaire, M. Gabriel Amisi Tango Fort, oO M.
Mumbere aurait été amené a I'arrière du bätiment
par des militaires qui Iui auraient demandé de
faire un testament verbal car il devait mourir. Deux
balles auraient été tirées, I'une a coté de Ia tête et
I'autre entre les jambes de M. Mumbere pour
I'intimider. Toutes les femmes auraient été
dévêtues par les militaires avant d'être torturées.
Le 18 novembre 2005, le chef de Ia sécurité de Ia
Bralima aurait appele M. Shombwa et I'aurait
enfermé dans un coffre dans les locaux de Ia
société Bralima. Par Ia suite, des militaires
seraient arrives pour I'emmener au cachot de Ia
Direction generale du renseignement. Le 19
novembre 2005 vers 10 heures, M. Shombwa
aurait été amené a Ia residence du Commandant
de Ia Sème Region militaire a bord dune
camionnette appele en terme militaire Convoy .
Arrivé devant le commandant de Ia Sème region
militaire, celui-ci Iui aurait demandé oO se trouvait
I'argent vole. II Iui aurait déclaré que, s'iI ne
rendait pas cet argent, il serait exécuté. Devant le
Commandant de Ia Sème region et M. Pilipili de Ia
Direction Générale du renseignement, M.
Kashamuka Shombwa aurait été torture avec des
morceaux de bois. Vers 23 heures des militaires
masques seraient venus et auraient place les
victimes, les yeux bandés, sous des sieges dun
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minibus, pour être conduits vers un lieu inconnu.
Arrives a destination aprés une longue distance,
les militaires les auraient menaces de nouveau en
pointant un revolver sur Ia tête et une baIonnette
sur le ventre en demandant a chacun de
prononcer ses dernières paroles avant de mourir
Par Ia suite, les victimes auraient été emmenées
au cachot de T2. Finalement, les victimes auraient
été conduites au cachot de Ia Direction generale
du renseignement, oO un des responsables des
services du renseignement aurait refuse de les
maintenir en detention aprés avoir constaté
qu'elles avaient été sérieusement torturées par
les militaires sous les ordres du Général Amisi
Tango Fort .
56. 25/04/06 AL TOR; Molse Diangi Kitulu, ägé de 42 ans, résidant
dans Ia commune de Kitambo. Le 4 janvier 2006,
suite a une vive discussion au Bar ABC,
commune de Kitambo, MoIse Diangi Kitulu aurait
été arrêté par des membres de Ia Police
d'lntervention Rapide (PIR). Déshabillé, menotté
et battu a coups de pieds, il aurait été conduit au
quartier general de Ia PIR, commune de Kasa-
Vubu. Suite au mauvais traitement pendant Ia
nuit, notamment des brOlures par allumettes,
MoIse Diangi Kitulu aurait été transfert le 5 janvier
2006 au matin au dispensaire de Ia PIR, oO il
aurait été place sous perfusion. Son épouse, qui
n'aurait été informée de l'arrestation que le
6 janvier 2006, aurait trouvé son man couché
inerte et demandé qu'il soit emmené a l'hopital
sans délai, ce qui n'aurait pas été fait, parce qu'un
capitaine du nom de Nina s'y serait oppose,
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conditionnant Ia liberation de MoIse Diangi Kitulu
au paiement dun somme dargent. Apres
paiement dun montant de 3 000 FC, MoIse Diangi
Kitulu aurait finalement été rendu a sa famille, qui
l'aurait conduit le jour méme a l'hopital de
Kitambo, oO ii serait resté dans le coma pendant
prés de 14 jours. Apres ii aurait été transféré aux
Cliniques universitaires de Kinshasa pour suivi
medical. Une plainte aurait été deposee auprés
de I'Auditorat de garnison de Gombe .
57. 17/05/06 JUA WGAD; Kutino Fernando de I'eglise Armée de victoire”
TOR; de Kinshasa en Republique democratique du
Congo. Apres avoir passé trois ans en exil par
peur de violences de Ia part du Gouvernement de
Ia République Démocratique du Congo (RDC), le
pasteur Kutino Fernando serait rentré a Kinshasa
le 6 mai 2006. Le 14 mai vers 13 heures, au
retour dune reunion de prière au stade Tata
Raphael de Ia commune de Kalamu, le pasteur
Kutino aurait été arrété puis transféré vers une
destination inconnue, par des éléments armés du
service de sécurité de Ia police nationale qui
dependent directement de Ia Présidence de Ia
République. Selon les renseignements reçus,
c'est le Directeur des services spéciaux de Ia
police- le colonel Raus- qui aurait lui méme
conduit le pasteur Kutino Fernando a bord d'une
voiture de Ia police. L'ordre d'arrestation aurait été
donné par le Président de Ia République Joseph
Kabila aprés que celui-ci eut été informé des
propos critiques a son encontre du pasteur
Kutino. Des craintes ont été exprimées quant au
fait que le pasteur Kutino puisse étre l'oblet de
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torture ou de cruels et mauvais traitements.
58.
02/05/06
JUA
WGAD;
TOR;
VAW;
Molse Kalula Mushwalu, fondateur de
I'association Communauté des intellectuels de
Bandundu a Kinshasa , son épouse, Jolie
Kalula Banzikuluka, ainsi que Jacques Hamuli
Mukombe, Libanais Kinkadi Makiana, Ilunga
Kabale, Gaston Kasi Kalulu, Jérémie Kirongozi
Bangamba,Ndengi Djuma, Rigobert Zihindula,
et Victor Emmanuel Digekisa. Le 28 aoOt 2004,
vers 7 heures du matin, Kalula Muswalu serait
rentré dans sa residence du quartier Lukunga
dans Ia Commune de Ngaliema a Kinshasa et
aurait trouvé Ia maison saccagée et désertée par
les membres de sa famille, tous les effets
emportes. S'informant auprès des voisins, U aurait
apprit qu'iI s'agissait dune operation de I'armée et
que les assaillants auraient enlevé son épouse,
ses neveux et beaux-frères après les avoir
frappes et brutalisés, pour les conduire ensuite
vers une destination inconnue. Parti a Ia
recherche des membres de sa famille, ii aurait a
son tour été enlevé a Kinshasa par les agents de
I'Etat major de renseignements militaires (ex-
DEMIAP) sur Ia route de Ndolo vers 10 heures du
matin. II aurait été acheminé au cachot de ces
mémes services dans Ia Commune de Kintambo
oO ii aurait aperçu son épouse et les autres
membres de sa famille. Kalula Muswalu aurait
alors passé deux mois dans une cellule sans
contact avec I'extérieur, les membres de sa
famille ou un avocat. Pendant cinq jours et cinq
nuits, ii aurait été soumis a des interrogatoires
brutaux, accompagnés des menaces de mort et
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autres traitements inhumains et degradants.
Apres deux mois de detention dans le cachot de
Services de renseignements militaires, U aurait été
transféré au Centre penitentiaire et de
rééducation de Kinshasa (CPRK) oO les
conditions de detention étaient identiques. Kalula
Muswalu serait toujours détenu en garde a
vue car ii n'aurait jamais été presente devant le
juge competent. ii n'auraitjamais été inculpe ou
informé des motifs de sa detention, tout comme
Hamuli Mukombe, Kinkadi Mariana, Ilunga
Kabale, Kasi Kalulu, Kirongozi Bangamba, Ndengi
Djuma, Zihindula et Digekisa. Selon les mémes
informations, son épouse, Jolie Kalula
Banzikuluka aurait été arrétée et détenue le
28 aoOt 2004 vers une heure du matin. Elle aurait
été retiree de son lit aprés que es hommes en
tenues militaires et armés eurent cassé Ia porte
de Ia maison. Elle aurait été frappee avec Ia
crosse dune arme au ventre et a Ia figure, et
acheminée au cachot de I'etat-major des
renseignements militaires (ex-DEM lAP) a
Kintambo oO elle aurait passé deux jours sans
qu'eIIe soit informée du motif de son arrestation et
de son incarceration. Lorsqu'eIIe fut relächée, sa
sante se serait fortement détériorée a Ia suite des
mauvais traitements qui Iui auraient été infligés et
elle aurait par consequent été admise dans un
centre de sante pendant un mois et demi. Suite
aux violences subies, elle aurait par ailleurs dO
avorter. Elle continuerait a souffrir et serait
toujours harcelée par des militaires en tenue civile
qui rôderaient quotidiennement autour de sa
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residence.
59.
22/05/06
AL
TOR;
John Kapinga Ntumba, ancien agent de Ia
police judicaire. John Kapinga Ntumba aurait été
enlevé pres du siege de Ia police des parquets
mardi 28 mars 2006 suite a une discussion
concernant les elections prévues pour le mois de
juin. Une personne, le lieutenant Mukalayi, qui
avait été present a cette discussion, aurait quitte
le lieu pour appeler 20 autres personnes en tenue
civile munies d'armes, qui seraient arrivées,
auraient montré des cartes de service de Ia Garde
republicaine (GR) et auraient pris de force John
Kapinga Ntumba et l'auraient emmené dans un
enclos prés du fleuve Congo. L a, les militaires de
Ia GR auraient accuse Johp Kapinga Ntumba
d'avoir insulté le chef de l'Etat et lui auraient
demandé de payer une amende de 50 dollars
américains afin d'être libéré, ce que John Kapinga
Ntumba aurait refuse. Vers 18h30 Ia GR aurait
embarque John Kapinga Ntumba dans une
voiture, escorté par trois militaires en tenue et
armés, et l'aurait amené au camp Tshiatshi, oO il
aurait été reçu par un officier, qui l'aurait interroge.
Ensuite John Kapinga Ntumba aurait été conduit
dans un autre bureau de Ia GR, oO il aurait
retrouvé le lieutenant Mukalayi. Celui-ci aurait
avancé de fausses accusations, que John
Kapinga Ntumba aurait rejetees. Quand il aurait
exigé que d'autres temoignages soient pris en
consideration, plusieurs personnes sous l'ordre de
l'officier instructeur S2 l'auraient déshabillé et
couché sur le pave aprés l'avoir aspergé d'eau
froide. Ils lui auraient donné cent coups de fouet
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aux fesses a l'aide dun gros fil defer. La
souffrance physique aurait été telle que John
Kapinga Ntumba naurait pas pu se relever.
Ensuite, un des militaires lui aurait assené un
coup de bottes violent au nez a Ia suite duquel
John Kapinga Ntumba aurait saigné
abondamment. II aurait été place dans un cachot
sans soins. Le lendemain, vers 1 OhOO, John
Kapinga Ntumba aurait été auditionné par un
certain Kabongo puis aurait été remis au cachot.
Constatant Ia degradation de son état de sante
vers 13h00, les militaires de Ia GR l'auraient
envoye au centre medical du camp Tshiatshi. Le
jeudi 30 mars 2006, le major qui effectuait une
enquete au lieu de l'enlèvement pour verifier les
accusations portees par le Lieutenant Mukalayi
contre John Kapinga Ntumba se serait rendu
compte que les accusations etaient fabriquees et
aurait decide de transfere John Kapinga Ntumba
a Ia polyclinique ((Ngaliema center oO il aurait
ete vu par un medecin. Ensuite, John Kapinga
Ntumba aurait ete relache. John Kapinga Ntumba
continuerait de recevoir des messages
telephoniques contradictoires soit l'invitant a
revenir au camp Tshiatshi pour prendre de l'argent
pour ses soins medicaux, soit le menaçant de
mort.
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60.
06/07/06
AL
TOR;
Les manifestations du 30 juin 2006 a Kinshasa
particulierement dans les communes de Limete,
Lemba, Kintambo, Bandalungwa, Kalamu, N'djili
et Masina. Les forces de l'ordre et de Ia sécurité,
notamment des éléments de Ia police
d'intervention rapide (PIR) et de Ia garde
republicaine dependant du Président actuel
auraient fait usage des armes a feu en tirant sur
les manifestants, ou les brutalisant par des coups
de crosses de fusils, des ceintures, poignards et
cordelettes militaires pour disperser ou étouffer Ia
progression des manifestants. Ils auraient
également utilisé des tirs de gaz lacrymogenes.
Plusieurs personnes auraient été gravement
blessées (Kalonji Mulopwe, Ntansia Noki, Jean
Pierre Bongambe, Benjamin Ngalamulume,
Pitshi Tshibanda et Guylain Nsila dans Ia
commune de Limete, et deux manifestants devant
le bätiment du Ministére desAffaires étrangeres).
61.
10/07/06
AL
TOR;
Anselme Masua, journaliste ala radio Okapi. Le
24 avril 2006, Anse lme Masua aurait visité Saint
Joseph, prés de Tshopo, Kisangani, ou se trouve
Ia residence du chef d'Etat gardée par des soldats
de Ia Garde républicaine. II serait allé dans un
camp pour verifier I'information sur Ia réforme de
Ia Garde républicaine qu'iI avait reçue. En entrant
dans le camp, aprés avoir montré sa carte
d'identité, Anselme Masua aurait été emmené
devant le Commandeur Capitaine Jules”. Ce
dernier aurait insulté le journaliste avant d'affirmer
qu'iI était un espion et d'ordonner a ses soldats de
le battre. M. Masua aurait été transféré a Ia base
de Shingi Shingi, gui se trouve a 4km de
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Kisangani. Pendant le transfert, les soldats de Ia
Garde republicaine lui auraient donné des coups
avec des crosses de fusil. Quand Capitaine
Jules aurait compris peu aprés que M. Masua
n'était pas venu au camp pour espionner, II aurait
ordonné a ses hommes de le libérer.
62.
07/11/06
JAL
FRDX;
TOR;
Arnaud Zajtman et Marlene Rabaud, travaillant
respectivement pour Ia (BBC) British Broadcasting
Corporation et pour l'agence Reuters TV, auraient
été interpelles le 26 octobre 2006 par des
éléments de Ia police nationale congolaise devant
le Centre penitentiaire et de Rééducation de
Kinshasa. Les deux journalistes auraient été
frappes et menace avec une mitraillette. Apres
trois heures passées dans une voiture de Ia
police, lesjournalistes auraient été acheminés au
quartier de Kin Mazière oO siegent les services
spéciaux, et libérés aussitôt.
63.
Egypt
05/01/06
UA
TOR;
650 Sudanese nationals. The group includes
asylum-seekers and refugees recognised by the
Office of the United Nations High Commissioner
for Refugees (UNHCR). On 5 January 2006, up to
650 Sudanese nationals were at imminent risk of
being forcibly returned to Sudan. Some might be
at risk of torture if returned. This followed the
deaths on 30 December 2005 of 27 Sudanese
refugees and migrants demonstrating in a
makeshift camp in Mohandiseen, Cairo, outside
the UNHCR offices. Nearly 4,000 police officers
surrounded the encampment, fired water cannons
into the crowd, and then entered in force, beating
people indiscriminately with batons and
truncheons.
By letter dated 30/01/06, the Government
reported that while regretting the casualties on
both sides, it is noteworthy that most of the
losses of life resulted from the chaos and
stampede caused by the extremist leaders of
the Sudanese nationals. On 5 January, the
United Nations High Commissioner for
Refugees addressed a letter to the Foreign
Minister, indicating that over the last three
months, the Egyptian authorities and UNHCR
have tirelessly worked hand in hand to resolve
the situation. However, despite the joint
positive engagement towards a peaceful
conclusion, the situation ended violently and
tragically, which, as UNHCR stated, was not
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the intention of the Government. The
participants in the sit-in were transferred to
camps specially set up for them. They were
provided with all the necessary facilities in
order to start identifying their legal status, with
the full involvement of UNHCR, and to deal
with their cases accordingly. Since then, the
issue has been under investigation by the
Prosecutor General. The Ministry of Justice will
soon issue a medical report concerning the
case. The staff of UNHCR were given the
opportunity to have access to the Sudanese
nationals for the purposes of assessing any
protection needs they may have.
64.
05/05/06
JUA
FRDX;
HRD; IJL;
TOR;
Members of Egypt's Judges' Club and
demonstrators who gathered to support the
assembly of the Judges' Club, as well as Ahmed
Mekki, Mahmoud Maki, Hisham Bastawissi,
Mahmoud al Khudayri, Nagi Derbala, Ahmad
Saber and Assem Abdel Gabbar, Deputy Heads
of the Court of Cassation. The Minister of the
Justice decided to transfer two Deputy Heads of
the Court of Cassation, Judges Mahmoud Maki
and Hisham Bastawissi, to the Disciplinary
Council. On 19 April 2006, to protest against the
transfer, the Judges' Club launched an ongoing
sit-in at its headquarters in Cairo. On Monday 24
April 2006, hundreds of police arrived in front of
the Judges' Club where a group of peaceful
protesters gathered in support of the judges' sit-in,
In an attempt to disperse the protest, police tore
down banners listing the Judges' Club's demands
and verbally and physically attacked some of the
By letter dated 11/07/06, the Government
reported that investigations revealed that
Judge Mahmoud Maki and Judge Hisham
Bastawissi had committed the offence of
defamation, which is a crime under the
Criminal Code, for which the two men were
therefore sent before a disciplinary tribunal in
accordance with article 99 of the Judicial
Authority Act. With regard to the assault on
Justice Mahmud Mohammed Abd al-Latif
Hamzah, the Department of Public
Prosecutions opened an investigation into this
incident, registered as Nile Palace criminal
case No. 5476/2006, in which some protestors
gathered at night in front of the Judges' Club,
where the above-mentioned judge and his
brother happened to be. The judge was
assaulted during the breakup of the protest.
He was not known to the police and was
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protesters. In an attempt to capture the events,
Judge Mahmoud Abdel Latif Hamza got out his
mobile phone camera. Upon witnessing this act,
several police officers and two State Security
Intelligence Officers verbally insulted and
physically assaulted him and forced him into a
police vehicle along with fourteen other protesters.
551 officers, officers from Kasr al Nil station and
officers from Shurtat Al-Marafik participated in the
attack. All three aforementioned forces operate
under the Ministry of Interior. In addition, these
events took place in the presence of high ranking
Ministry of Interior officers. Judge Mahmoud Abdel
Latif Hamza, his brother, and a university
professor were released later that day upon the
intervention of the President of the Judges' Club.
Upon his release, Mahmoud Abdel Latif Hamza
was taken to the hospital for treatment. According
to a medical report from the Shahir Hospital of
Masr Al-Gedina, he endured several injuries
including twisted ligaments in his wrist, a bloody
nose and a number of scratches and bruises on
his face, chin and feet. He still remains in the
hospital. This attack is particularly grave
considering that Judge Mahmoud Abdel Latif
Hamza had undergone open-heart surgery.
carrying a firearm. The chief investigator of the
Department of Public Prosecutions went to the
hospital just after the incident occurred and
took statements from the victims, Mahmud
Mohammed Abd al-Latif Hamzah and his
brother. They both gave the names and
descriptions of the policemen who had
assaulted them. Medical reports on the victims
were appended to the investigation file. The
Department of Public Prosecutions questioned
three police officers and charged them with
assault. The case is still under investigation
and will remain so until a full legal medical
report has been submitted.
65.
16/05/06
JUA
FRDX;
TOR;
Several journalists, who were reporting on
peaceful protests. On 11 May 2006, several
journalists were assaulted by police and security
officers, while reporting on demonstrations in
support of two judges, who are appearing before a
disciplinary committee. Abeer al-Askary,
journalist for the independent weekly Al-Dustour,
By letter dated 07/07/06, the Government
reported that on 11 May 2006, a number of
citizens took part in a demonstration in central
Cairo timed to coincide with a disciplinary
hearing in which two judges had been
summoned to appear. The demonstrators had
not obtained prior authorization as required
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had arranged to interview several lawyers and
under the Act regulating demonstrations on a
judges at the Bar Association. When she arrived,
public highway. The security forces warned
plainclothes police and security officials grabbed
the demonstrators about the adverse
her and took her to an area where security
consequences of holding a demonstration in
vehicles were parked and beat her. She was
the city centre, but they failed to respond and
subsequently taken to Sayeda Zeinab Police
tried to attack the security forces. This led to
Station. Outside the police station plainclothes
clashes and the arrest of several
police officers assaulted her again. Police officers
demonstrators, who were subsequently
told her to stop writing. She was released later on
handed over to the Department of Public
the same day. As a result of the treatment, she
Prosecutions. As for the journalists arrested
suffered bruising and a swollen eye. Cameramen
during the demonstration, both were released
from Reuters were assaulted on the same
on 6 June 2006. It is worth noting that all
occasion. In separate incidents on 11 May,
international treaties state that the exercise of
several cameramen covering the protests were
the right to engage in peaceful demonstrations
taken away from the crowd and beaten by
must not prejudice national security, public
plainclothes police officers. Amongst them were
safety or public order (article 21 of the
Yasir Suleiman, camera crew for the Qatar-
International Covenant on Civil and Political
based satellite channel Al-Jazeera; and Nasri
Rights). Egyptian law applies these norms in
Yousif, sound crew for Al-Jazeera. Their camera
the light of Egypt's accession to the
and tapes were allegedly confiscated. On 9 May
aforementioned Covenant. Moreover, the
2006, a state security prosecutor extended for 15
Department of Public Prosecutions - a branch
days the detention of two journalists, Saher al
of the judiciary whose members enjoy judicial
Gad, journalist for Al-Gee! newspaper; and
immunity - took steps to investigate the
Ibrahim Sahari, journalist for Al-Alam Al-Youm
incidents mentioned above in accordance with
newspaper, who were taken into custody for
Egyptian law and the relevant international
“disturbing public order” on April 27 2006. They
norms.
were covering protests on the first day of hearings
of the two judges.
66.
01/06/06
JUA
WGAD;
FRDX;
TOR;
Karim al-Sha'ir and Mohamed al-Sharqawi,
political activists. On 25 May 2006, they were
arrested by agents of the State Security
Investigations (SSI) bureau of the Interior Ministry,
downtown Cairo, as they were leaving a peaceful
By letter dated 11/07/06, the Government
reported that the two men in question were
arrested on 25 May 2006, in Higher State
Security Case No. 517, for taking part in,
provoking and orchestrating a riot involving
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demonstration. Both men were subjected to
over 100 persons. The Department of Public
severe beatings during the arrest and then taken
Prosecutions launched an investigation after
into custody where the beatings continued. Once
the two men gave statements indicating that
in custody, police beat Mr al-Sharqawi for hours
they had been beaten by the police at the time
targeting particular places. As a result his body
of their arrest. Mohamed al-Sharqawi added
was covered in bruises and gashes. One of the
that he had also been beaten around the
officers ordered al-Sharqawi's pants to be
genitalia. The Department of Public
removed and began squeezing his left testicle. He
Prosecutions questioned the two men and the
was then raped with a cardboard tube. The State
examination confirmed that they had signs of
Security prosecutor ordered both men to be held
injury on their bodies. After questioning them,
for 15 days pending investigations. The authorities
the Department of Public Prosecutions decided
allowed al-Sharqawi access to medical treatment
to have a legal doctor perform a medical
only on 29 May 2006. Both men had been in
examination in order to determine the cause
detention twice in Tora prison following their
and nature of the injuries and how they had
participation in earlier protests on 24 April and 7
occurred. The Department of Public
May respectively. They had been released on 22
Prosecutions further decided to place the two
May 2006.
men in detention for 15 days in connection with
the case, which is still under investigation. The
Department of Public Prosecutions, a branch
of the judiciary whose members enjoy judicial
immunity, investigated the incident. It
defended both men with regard to the assault
carried out by the police. It interviewed them,
looked at their external injuries and referred
them to a legal doctor to determine the state of
their injuries and proceed with the investigation
in light of the findings of the competent legal
doctor.
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67.
Eritrea
08/11/06
JUA
WGAD;
RINT;
TOR;
Immanuel Andegergesh and Kibrom
Firemichael and ten other unidentified members
of the Rema Church in Adi-Quala town, and one
hundred and sixty unidentified members of
banned Christian churches, including Kale Hiwot
(Word of God) Church, the Full Gospel Church,
the Church of the Living God and the Rema
church in Mendefera town. On 15 October 2006,
12 members of the Rema church were arrested in
Adi-Quala town, south of Mendefera, for taking
part in Christian worship in a private home. Two of
them, Immanuel Andegergesh and Kibrom
Firemichael, died in a nearby army camp as a
result of torture to make them abandon their faith.
On 15 and 16 October 2006, 160 members of
banned Christian churches were arrested at their
homes in Mendefera town, 50 km south of the
capital Asmara. It is not known where they are
detained and there are concerns that they may be
subjected to torture and ill-treatment in an effort to
force them to sign a document to agree to stop
worshipping.
68.
Ethiopia
05/04/06
JUA
WGAD;
FRDX;
TOR;
Abraham Roda, farmer; Abraham Tula, former
Sidama Development Corporation employee;
AbureAssefa, civil servant; Dessalegne
Gassamo, USAID advisor on education; Edasso
Ebissa, farmer; Musse Alemayehu, civil servant
at the agricultural department; Tadesse Washo,
nurse; Tefera Janba, student of Awassa Tabour
School; Yosef Lalimo, Awassa Tabour school
student; and approximately 50 other persons in
detention after their arrest in Awassa town, State
of the Southern Nations, Nationalities and
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Peoples. Hundreds of persons, including students,
were arrested when the federal police intervened
during peaceful demonstrations that took place on
12 March 2006 in Awassa and in other nearby
towns. Demonstrators were beaten by the federal
police, and some were shot dead. Most of the
demonstrators have in the meantime been
released from custody without being charged,
some after having been taken to court in Awassa.
The above-mentioned individuals and
approximately 50 other demonstrators, however,
remain in detention. Most of those still in custody
were arrested in Awassa and Yirgalem and are
being held in Awassa prison. Others are held in
other prisons and police stations, including
Yirgalem, Lakoo, and Wondo. Mr Tefera Janba
was tortured in custody and is in need of medical
treatment .
69. 28/09/06 JUA WGAD; Wasihun Melese, a teacher at Addis Ketema
FRDX; High School in Addis Ababa and a member of the
HRD; Ethiopian Teachers' Association (ETA) National
TOR; Executive Committee, and Mr Anteneh Getnet, a
teacher and member of ETA. On 23 September
2006, Mr Wasihun Melese, was arrested by
police at his home. They took him to the police
Central Investigation Bureau (known as
Maekelawi), where he is still detained. Shortly
after Mr Melese's arrest, three men in plain
clothes entered the ETA office in Addis Ababa,
where an Addis Ababa Region teachers' meeting
was being held. They were later seen leaving the
office in a car with Anteneh Getnet, also a
teacher. His whereabouts are still unknown. Mr
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Getnet had previously been abducted and beaten
in May 2006, allegedly by members of the security
forces. He is still suffering from those injuries.
70.
23/1 0/06
JUA
WGAD;
FRDX;
HRD; TOR;
Ms Yalemzewd Bekele, a la 'er working on
projects related to human rights and civil society
for the European Commission's office in Addis
Ababa, and a prominent civil rights lawyer who
volunteered with the Ethiopian Women Lawyers'
Association (EWLA), Addis Ababa. On the
morning of 19 October 2006, Ms Bekele was
arrested by the Ethiopian authorities, while trying
to cross the border to Kenya. It is believed that Ms
Bekele was accompanied by another person at
the time of her arrest. The identity and
whereabouts of this person are not known. Ms
Bekele appears to have been arrested in
connection with the publication and distribution by
the political opposition, Coalition for Unity and
Democracy (CUD), of a calendar of action for non-
violent civil disobedience. Concern is expressed
that she may be at risk of torture or ill-treatment,
in view of allegations that Alemayehu Fantu, the
owner of a chain of supermarkets in Addis Ababa,
who was also arrested in connection with the
calendar, was tortured in detention at Woreda 8
Police Station, Gulele District, Addis Ababa.
By letter dated 09/11/06, the Government
reported that Ethiopian law enforcement
agencies have scrupulously followed
appropriate legal procedures and due process
of law while taking. Mr Alemayehu Fantu and
Ms Yalemzewd Bekele into custody. The
allegations that they were tortured and ill-
treated during arrest and detention are simply
unfounded. Ethiopian domestic laws and
international human rights instruments ratified
by Ethiopian condemns any form of torture.
The treatment of these individuals adhered to
the letter and spirit of these laws and norms.
While in detention, both were allowed visits by
their family, friends and religious counselors.
Ms Yalemzewd Bekele made no allegations of
torture and mistreatment after her release on
26 October 2006. The European Union has
officially confirmed that Ms Bekele was in
good spirit and physical condition after her
release. Ms Bekele's arrest and detention do
not have any relation with her alleged
association with EWLA or her work supported
by the European Union. Similarly, the arrest of
Mr Fantu has no connection with his business
activities or any other peaceful conduct of
political activism. Their arrest is related to
alleged crimes committed in violation of
Ethiopian penal law.
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71.
Gambia
07/06/06
JUA
WGAD;
FRDX; IJL;
TOR;
Lamin Fatty, reporter with The Independent, and
several persons detained for the alleged coup
attempt of 21 March 2006, including Vincent
Jatta, Mariam Denton, Ngorr Secka, Foday
Barry, Kemo Balajo and Buba Saho. Sixteen
persons have been arrested and are detained in
connection with the alleged coup attempt of 21
March 2006. They have been charged with
treason and conspiracy, which carry the death
penalty. Their trial was adjourned first to 26 May
and then to 2 June 2006. At least eight other
persons are detained without charge, some of
them incommunicado. They include: former chief
of staff Lt Colonel Vincent Jatta, senior lawyer
Mariam Denton, former National Intelligence
Agency (NIA) Acting Deputy Director General
Ngorr Secka, NIA Director of Operations Foday
Barry, former NIA senior officer Kemo Balajo,
and NIA official Buba Saho. While Mariam
Denton's lawyers had previously not been able to
meet with her, they have now been authorized to
do so. However, other lawyers have been denied
access to their clients, or could not meet with
them in private.
72.
07/09/06
UA
TOR;
Abdoulie Kujabe, former Director of the National
Intelligence Agency (NIA), and at least 12 other
unidentified individuals. On 27 March 2006,
Abdoulie Kujabe was arrested in connection with
the alleged coup attempt of March 2006. On 6
April 2006, he was admitted to hospital in critical
condition, reportedly due to torture or ill-treatment.
He was subsequently returned to Mile 2 Central
Prison. At least 12 other unidentified detainees,
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who were also arrested in connection with the
alleged coup attempt, have been subjected to
torture or ill-treatment at Mile 2 Central Prison and
the Headquarters of the NIA. The treatment they
have been subjected to includes being beaten and
burnt with cigarettes. Some have also had their
heads covered with plastic bags and put under
water for long periods of time to simulate
suffocation.
73.
Georgia
26/04/06
JUA
HRD;
TOR;
Azer Samedov, an Azeri citizen and President of
the Caucasus Centre for Protection of Conscience
and Religious Persuasion Freedom (CCPCRPF)
in Georgia. Mr Azer Samedov was released on
bail on 14 April 2006. However, he remains at risk
of being extradited to Azerbaijan on the basis of
charges of participation in mass disorders”
(article 220 of the Criminal Code) and resistance
to the representatives of authorities” (article 315).
These relate to the October 2003 election events
in Baku, Azerbaijan, after the announcement of
the presidential elections results, which Mr
Samedov was monitoring in his role as a human
rights defender. Mr Samedov is sought by
members of anti-terrorist units of Azerbaijan for
having participated in clashes and for resisting the
police. Persons suspected of the above crimes
reportedly face a heightened risk of torture or ill-
treatment in Azerbaijan.
74.
01 /05/06
AL
TOR;
An incident that occurred on 27 March 2006 in
Prison No. 5, Tbilisi. At least seven inmates died
and a large number were seriously injured during
a riot and subsequent clashes in Prison No. 5.
The riot broke out following beatings of several
By letter dated 22/08/06 the Government
reported that, from the beginning of the riot,
which had started in the prison hospital and
spread to Prison No. 5, where the prisoners set
the building on fire, ambulances and fire
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inmates by employees of the Department of the
engines were mobilized. However, they did not
Execution of Punishment on 26 March 2006, in
succeed in extinguishing the fire. Officials,
which the Department's Director had personally
such as the Public Defender and the
been involved. During the clashes, the Special
Chairperson of the Parliament's Human Rights
Task Force members used excessive force, such
Committee negotiated with the prisoners in
as employing live ammunition against the
order to resolve the situation peacefully, but
unarmed prisoners, and inflicted severe injuries
the prisoners did not follow their directions.
on many inmates. Despite the fact that the injured
Officials addressed the inmates with
inmates needed medical aid, a doctor was
loudspeakers requesting them to calm down
allowed to see them only after the Public
and return to their cells, also warning that
Defender intervened the next day. No
otherwise they would use force, but to no avail.
independent official investigation into the 27
Ministry of Justice forces were present, but in
March incident has been initiated, in particular into
insufficient numbers. Therefore Ministry of
potential human rights violations by staff of the
Interior special forces were ordered to carry
Special Task Force.
out an operation avoiding casualties. The
entire operation was carried out in full
compliance with Georgian legislation and
prison rules. The Public Defender and the
Chairperson of the Parliament's Human Rights
Committee were present throughout the
operation. The Ministry of Justice regrets that
seven prisoners died and 22 were wounded. It
stresses that it has dealt with the situation
transparently by holding several briefings and
meeting with the Parliament. It emphasises
that the Government of Georgia is in favour of
a non-biased and genuine investigation of the
events by the General Prosecutor's Office. The
Government also provided the forensic reports
on the seven deceased detainees, which
indicated that their deaths were the result of
gunshots.
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75.
Germany
16/12/05
UA
TOR;
Zokirjon Almatov, Uzbekistan's Minister of
Internal Affairs, who is currently in Germany to
receive medical treatment. On 12 December
2005, several survivors of torture filed a case
against Mr Almatov in the German courts on
three counts: individual crimes of torture, torture
as a crime against humanity and the Andijan
massacre as a crime against humanity. In light of
the fact that the previous Special Rapporteur
carried out a visit to the country in late 2002 and
concluded that torture is systematic in Uzbekistan
and a report of the High Commissioner for
Human Rights of July 2005 found, on the basis of
consistent, credible eyewitness testimony, that
during events in Andijan in May 2005, the military
and security forces committed grave human rights
violations while curbing demonstrations, the
Government is called upon to initiate criminal
proceedings against the Minister.
76.
India
19/12/05
JAL
SUMX;
TOR;
Rajendran, aged 37, a salesman, Raj Nivas,
Kodamkulam, Neeleswaram Post Office,
Kottarakkara, Kollam District, Kerala. On 6 April
2005, he was arrested outside Sanker Hospital by
the Assistant Sub Inspector of Kollam East Police
Station. He was taken to Kollam East Police
Station where he was forced to remove his clothes
and was beaten by five policemen. He died in
police custody and was taken to the District
Government hospital where he was pronounced
dead on arrival.
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77.
22/12/05
AL
TOR;
Ms Pappathi, aged 40, an agricultural labourer,
Arundhathiyar Colony, Vengamedu Village,
Thiruppalayam Post, Perunthrai Taluk, Erode
District, Tamil Nadu. On 31 March 2005, Ms
Pappathi was verbally and physically assaulted by
an upper caste member on a public pathway He
pulled off her sari, tore her blouse and beat her
left breast, right shoulder and upper arm twenty to
thirty times. He also kicked her in the back as she
lay on the floor. He made derogatory caste-based
statements and threatened to rape her. On 1 April
2005, Ms Pappathi tried to register a complaint
against him at Chennimlaj Police Station.
However, the police officer refused to register the
complaint. On 2 April 2005, she reported the
incident to the Superintendent of Police of Erode
District who ordered Chennimlaj Police Station to
register the complaint. However, according to the
information received, no serious steps had been
taken to investigate the case.
78.
06/03/06
JAL
RACE;
TOR;
SekarArjunan (Rajasekar), aged 32, a
shopkeeper from Raja Thottam, Peravallur,
Chennai. On 22 July 2005, eight police officers,
all of whom were dressed in civilian clothing,
approached him as he was standing near a fruit
shop close to the Central Prison in Chennai. The
officers beat him and kicked him with their boots in
his abdominal region. They then took him by car
to Sangeetha lodge near Permbur Railway
Station, where they locked him in a room on the
second floor. Later that day they took him to
Sembiam Police Station and locked him in a dark
room until 26 July 2005. While he was there, they
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beat him and deprived him of food. On 26 July
2005, he was taken to K-S Peravallur Police
Station, where he was put in a room on the third
floor He was stripped naked and beaten with an
iron pipe, which resulted in a fracture to his right
knee. The officers also subjected him to oral
caste-related abuse and threatened to kill him by
placing a pistol on his forehead. Criminal charges
were filed against him and he was remanded in
custody by Judicial Magistrate's Court No. Five,
Egmore. He was sent to the central prison in
Chennai. Sekar Arjunan's mother had previously
submitted a complaint to the State Human Rights
Commission in Chennai requesting them to take
action against the same police officials for killing
her younger son Ramesh. She had refused to
withdraw the complaint, despite being pressured
to do so by the alleged perpetrators .
79. 10/03/06 AL TOR; Maung Maung Oo, aged 40 and Chit Them Tun,
aged 42. They are both refugees from Myanmar
who work for the Indian-based Burmese Solidarity
Organization (BSO), which works with refugees
from Myanmar in India. On 14 or 15 January
2006, Maung Maung Oo and Chit Them Tun were
abducted from Maung Maung Oo's home, in the
town of Moreh in Manipur. The abduction took
place at about 1030pm and was carried out by
approximately 25 unidentified armed men, who
were dressed in black and spoke Burmese and
the local Manipuri language. The men took Maung
Maung Oo and Chit Them Tun across the border
into Myanmar. When Maung Maung Oo and Chit
Them Tun tried to escape, they were severely
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beaten with firewood, and Chit Them Tun received
head injuries. They are thought to have been
handed over to the Myanmar army and are under
interrogation in military custody, either in Yangon
or Tamu, Sagaing Division. On 22 February 2006,
the Myanmar Minister for Information stated that
Chit Them Tun and Maung Maung Oo had been
arrested in connection with two bombs detonated
at a market in Tamu on 8 January 2006. He said
that Maung Maung Oo had confessed to being
involved in the bombings and that he and Chit
Them Tun were members of the outlawed All
Burma Students Democratic Front (ABSDF). He
did not specify which side of the border they had
been arrested on.
80. 21 /03/06 AL TOR; Mr Sahadevan, an employee of Thrissur
Municipal Corporation, Karapurath House,
Ayyapankavu, Mulayam, Thrissur District, Kerala.
On 5 March 2006, at approximately 5:20pm, he
was arrested at his house by a police officer, who
held him by his shirt, pushed him against the wall
and punched him in the chest. He then dragged
him outside and threw him into a police jeep. The
police also arrested one of his neighbours and
threw him into the jeep. During the journey, they
verbally abused them. They slapped him in the
face and poked him with a lathi. They took them to
a police station where they were told to remove all
their clothes except their underwear. At about
6:30pm. the Circle Inspector came into the cell
accompanied by another policeman, and slapped
him hard on the face and also verbally abused the
detainees in the cell. He made the detainees in
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the cell jump up and down for about 20 minutes.
On 6 March 2006, he was informed that he was
being charged in connection with a fight that had
occurred in the area. On the same day, he was
produced before a court and remanded in custody
for 14 days. However, he was released on bail the
next day.
81.
25/08/06
JUA
WGAD;
Indigenous
People;
TOR;
Leitanthem Umakanta Meitei, Secretary General
of the Threatened Indigenous Peoples Society,
Manipur and Spokesperson for the Apunba Lup, a
coalition of 34 human rights organizations in
Manipur, India. At 4am on 24 August 2006,
Leitanthem Umakanta Meitei (subject of earlier
communciations in E/CN.4/2005/62/Add.1, Para.
785 and E/CN.4/2005/62/Add.1, Para. 786) was
arrested at his home and taken to Manipur West
Police Station, where he was beaten, causing him
to pass out several times during interrogation. He
was also threatened with further acts of torture or
ill-treatment.
82.
13/09/06
AL
TOR;
Darshan Singh, aged 34, a farmer from Amritsar,
in Punjab State. At 5:10pm on 27 August 2006,
he was arrested together with Harbhajan Singh
during a police raid on a house near Majitha Road
in Amritsar, which was carried out by the police
from the C Division of the Criminal Intelligence
Bureau. The two men were taken to a police
compound run by the C Division in Mal Mandi. On
arrival, the officers beat and kicked Darshan
Singh and also applied rollers to his knees. They
spread his legs as far as they would go until he
lost consciousness. They then poured water on
his face to brinq him round and then continued to
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beat and kick him. Harbhajan Singh was released
on 29 August 2006.
83.
30 /10/06
JAL
SUMEX;
TOR;
Saju, a private bus conductor, Kerala State. On 8
September 2006, Mr Saju was taken into custody
by three police officers from Kunnathunadu Police
Station, accused of the theft of three telephone
posts. According to our sources the posts had
been abandoned by the Kunnathunadu Telephone
Office on the road near Mr Saju's home, and he
picked them up and used them as a protective
barricade around an open well so that children
and animals would not fall into the well. The police
officers told Mr Saju he had to give them 3000
rupees (68 USD) if he wanted to be released,
money that Mr Saju refused to pay. Mr Aliyar, a
person who was also taken into custody by the
police officers in connection with the same crime,
was released by the police after he accepted to
bribe the police officers. On 9 August 2006, at
about 3:00pm Mr Saju's wife went to
Kunnathunadu Police Station to visit her husband,
who told her that he had been tortured because
he refused to pay a bribe to the police officers. Ms
Saju returned home and at about 4:30pm she
received a call informing her that Mr Saju was at
the Kolenchery Medical College. At the hospital
she was informed that her husband died at the
police station. A doctor asked her whether Mr
Saju had any previous ailments. Ms Saju said her
husband was perfectly healthy and that he had
complained about the police torturing him while he
was held in custody.
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84.
08/12/06
JAL
RACE;
TOR;
VAW;
Ms S. B., aged 42, her husband, Bhaiyyalal
Bhotmange, their daughter P. B., agedl9 and
their two sons, Sudhir Bhotmange, aged 21, and
Roshan Bhotmange, aged 19, all belonging to
the Dalit Community in the Village of Khairlanji,
Bhandara District, Maharashtra. On 3 September
2006, a local Dalit policeman was beaten by
upper caste community members. Bhaiyyalal
Bhotmange, S. B., P B. and Roshan Bhotmange
testified against the alleged perpetrators, who
were subsequently arrested. On 29 September
2006, the alleged perpetrators were released. On
the same day, at about 6pm, a mob of two to three
hundred upper caste villagers, many equipped
with axes and ubhari (a stick with a metal spike),
stormed their home, and dragged S. B. and her
three children out of their house where they were
stripped naked, beaten and driven to the main
village square. Bhaiyyalal Bhotmange was not at
home at the time of the incident. Upper caste men
gang raped S. B. and P B. for over an hour, while
bystanders, including upper caste women,
verbally incited and encouraged them. One of P
B.'s brothers was told to have sex with her and
after he refused, his genitals were thrashed. P B.
was hit on her breasts with an axe and thrashed
and stabbed with ubhari in her genitals. All four
were hacked to death and the bodies were thrown
in a canal. As of 30 November 2006, although a
First Information Report (FIR) had been filed, the
vast majority of the perpetrators, including those
who were allegedly complicit in the gang rape and
murder, have not been arrested or charqed. Many
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Dalit families in the village are afraid to testify
85.
Indonesia
Follow-
up to
past
cases
Elfrianus (Alfred) Ulu (E/CN.4/2006/6/Add.1,
para. 94).
By letter dated 9/01/06, the Government
reported that he was arrested on 23 February
2005 on brutality charges, and was served a
warrant on 26 February. He was held at the
police station, and his detention was later
extended by the prosecutor's office. Awaiting
his trial, and still under police custody, he was
transferred to Penfui Prison due to the lack of
the station's capacity to hold detainees for
more than a short period of time. This transfer
is a routine practice where the detainee
remains under the jurisdiction of the police and
not the prison. It was there that he alleged that
he was brutally beaten and tortured, as a result
of which he lost his eyesight. Following the
reported beatings, he was taken to
Bhayangkara Hosptial, Kupang, on 26 March
2005. On 2 April, his family reported the
incident to the Kupang District Police after
which the Director-General for Prisons and the
East Nusa Tenggara Office of the Ministry of
Justice and Human Rights agreed to bear the
medical costs. On 6 May 2005, he was taken
to Cipto Mangunkusumo Hospital, Jakarta, to
receive further examinations and treatment.
There it was discovered that he had suffered
from a brain infection which resulted in the loss
of his eyesight. He received treatment and was
returned to Kupang later that month. The
Director-General of Prisons authorised an
investigation into the allegations against the
alleged perpetrators.The East Nusa Tenggara
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Ms N., aged 18. On 3 January 2006, Nazanin
was sentenced to death for murder by a criminal
court, after she reportedly admitted stabbing to
death one of three men who attempted to rape her
and her 16-year-old niece in a park in Karaj in
March 2005. She was seventeen at the time.
Office of the Ministry of Justice and Human
Rights found that five officials had been
involved. Thereafter, the Chief of the District
Police concluded that due to the evidence and
witnesses, only one official would be charged.
The trial of the perpetrator began on 6
September and concluded on 7 October 2005
with a conviction on the charge of
maltreatment (Article 2, para. 351, Criminal
Code) and a sentence imposed. As
compensation was not awarded in the
decision, Mr Ulu has filed a lawsuit against 11
government officials, seeking compensation for
an amount over 1 trillion Rupiah. Mr Ulu has
since been released pending the end of his
eye treatment.
By letter dated 22/02/06, the Government
reported that Ms N. was born in 1986. Along
with her niece, she committed murder about
nine months ago, when she was over 19 years
of age. According to the records of the court,
the crime has been committed for personal
reasons and not in self-defence. She has gone
through due legal proceedings and the
Criminal Court has reached its verdict, but the
sentence must be presented to the Supreme
Court. Upon confirmation of the latter, it must
be signed by the Head of the Judiciary.
Therefore the case is still open and under
consideration. By letter dated 16/05/06, the
Government reported that the court has ruled
out self defence and sentenced Ms N. to
retaliation. The sentence has been referred to
86.
Iran (Islamic
Republic of)
10/02/06
JUA
SUMX;
TOR;
VAW;
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the Supreme Court for final decision. Should
the Supreme Court endorse the verdict, the
case will be referred to an ad hoc commission
of reconciliation to acquire the consent of the
victim's heirs to commute the verdict to
financial compensation. This is a lengthy
process, therefore the legal process is not yet
completed and the verdict stays for the time
being.
87.
22/02/06
JUA
SUMX;
TOR;
Four members of the People's Mojahedin of Iran
(PMOI) sentenced to death after having been
allegedly tortured in pre-trial detention. One of the
men, Mr Hojjat Zamani, (subject of two earlier
communications E/CN.4/2005/62/Add.1, para. 844
and E/CN.4/2006/6/Add. 1, para. 104) was
recently executed, while the other three, Messrs.
Valiallah Feyz Mahdavi, Saeed Masuri, and
Gholamhossein Kalbi, are at imminent risk of
execution. Hojjat Zamani, aged 30, was most
recently detained in Ghordasht prison in Karaj.
Intelligence agents removed Hojjat Zamani from
his ward on 6 February 2006. He was hanged the
following morning at Ghordasht Prison. He was
sentenced to death following a trial in which his
right to effective counsel was denied, in particular
because judicial officials did not cooperate with
his appointed lawyer. Also, he was tortured in
Evin Prison in order to force him to confess to the
national security-related offences he was
convicted of. Valiallah Feyz Mahdavi, Saeed
Masuri, and Gholamhossein Kalbi are members of
the People's Mojahedin of Iran sentenced to death
on national security related charges. They are
By letter dated 15/03/06, the Government
reported that Hojjat Zamani, who was charged
with bombing property of the Tehran
Revolutionary Court, which killed three persons
and injured 22, possession of illegal weapons,
terrorist activities, escaping from prison and
illegal departure from the country, was
sentenced to execution. The verdict was
upheld by the Supreme Court, and was carried
out in the presence of the victim's families.
Feyz Mahdavi was charged with measures
against the internal security of the State and
sentenced to execution. He has not appealed
the verdict and therefore it was upheld by the
Supreme Court. However, the sentence has
not been carried out because consideration for
his amnesty is pending. Saeed Masuri and
Gholamhossein Kalbi have been charged with
measures against the internal security of the
State and possesion of illegal weapons, among
other things. They have been sentenced to
execution, but the verdicts have been stayed
pending consideration of amnesties. Esmaeil
Mohammadi was charqed with terrorist
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also held at Ghordasht Prison. Their death
sentences have been confirmed by the Supreme
Court. Mr Esmaeil Mohammadi (the subject of
two urgent appeals E/CN.4/2005/62/Add.1, para.
843 and E/CN.4/2006/6/Add.1, para. 104) was
executed on 3 September 2005 (i.e. less than a
month after the Government's assurances), in
Oroumiye Prison. Some days later, his family
went to the prison to visit him, but were told that
he had been executed. They were given his
clothes and personal effects, but not his body.
activities, which resulted in murder. He was
sentenced to execution. His appeal was
rejected and the verdict was carried out.
88.
01/03/06
JUA
FRDX; IJL;
MIN;
RACE;
RINT;
TOR;
173 members of the Nematollah Sufi Muslim
community. On 13 February 2006, they were
arrested due to their participation in a peaceful
protest, which was violently suppressed by the
security forces and members of the Hojatieh and
Fatemiyon pro-government groups. The protest
was being held against an order by the security
forces to evacuate the community's place of
worship, known as Hosseiniye. The 173
individuals are being interrogated at Fajr Prison in
Qom and there are concerns that they are being
tortured in order to force them to sign pre-
prepared false confessions, stating that the
protest had political motivations and was linked to
anti-government groups. The relatives of the
detainees have been unable to obtain official
information about their whereabouts and the
detainees have not had access to lawyers.
Lawyer Bahman Nazari, was arrested when he
approached officials in an attempt to represent the
detainees. The protest began on 9 February
2006. On 13 February 2006, there were hundreds
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of protesters present in and around the
Hosseiniye. At about 3pm the security forces set a
deadline for the protesters to evacuate the
Hosseiniye. Members of the Fatemiyon and
Hojatieh groups also surrounded the place of
worship, shouting slogans such as Death to
Sufis” and “Sufi-ism is a British plot”, and
distributed leaflets alleging that Sufis are enemies
of Islam. The security forces moved in at about
4pm and stormed the building using tear gas and
explosives. They beat many of the protesters. The
next day the Hosseiniye was demolished using
bulldozers. Approximately 1,200 protesters were
arrested and taken away on buses to unknown
locations. The detainees were interrogated and
many were subjected to torture or ill-treatment.
Most of them were subsequently released.
However, 173 are still being held. Those that were
released were required to sign papers as a
condition of their release, agreeing not to attend
any Sufi gatherings in Qom. Some were required
to sign documents renouncing Sufism. Arrest
warrants have been issued for the main Sufi
preacher in Qom, Seyed Ahmadi Shariati and
the four lawyers who had previously been acting
on behalf of the group. Their names are Amir
Eslami, Omid Behrouzi, Gholamreza Harsimi
and Farshid Yadollahi.
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89.
14/03/06
JAL
VAW;
HRD; TOR
Women's rights activists in Tehran. On 8
March 2006, anti-riot police officers, Revolutionary
Guards and plain clothes agents surrounded
Tehran's Daneshjoo Park at 4 pm They ordered
hundreds of women and men who had gathered
to celebrate International Women's Day to
disperse. In response, the crowd staged a sit-in
and sang the anthem of the women's rights
movement. The security officers then proceeded
to dump the contents of garbage bins on the
women's heads and beat the persons
assembled with batons, including poet Simm
Behbahani, aged over 70. The security
forces also arrested foreign journalists and
confiscated their photographic equipment and
video footage before releasing them. The
Commander of the security forces stated that the
gathering was held without an official permit and
that the security forces had to prevent the gatheri
taking on a political dimension.
90.
12/04/06
JUA
WGAD;
FRDX;
TOR
Members of the Kurdish community including
Azad Rasoul, Abu Bakr Bapiri, Khezer
Sa'idnezhad, Mohammad Saleh Kukhashireh,
Khaled Shirzad, Abu Bakr Tikan Tapeh, Avat
Qorayshi, Mohammad Amin Salimian,
Sa'adollah Soltanian, Khezer Mouloudi, Rezgar
Salimian, Dara Qorayshi, Ribvar Salimian and
Kamel Salimian. On 19 and 20 March 2006,
security forces arrested the above-mentioned
persons and other unidentified men, possibly
numbering more than eighty, from the Kurdish
community in Bukan, West Azerbaijan Province.
They were arrested at their homes and are now
By letter dated 29/06/06, the Government
reported that Khaled Shirzad, Azad Rasouli,
Abubakr Bapiri (alias Abubakr Tikan), Avat
Qorayshi, Dara Qoreyshi, Kamel Salimian
(alias Ribvar Salimian) Sa'adollah Soltanian,
lsmaeil Salimian (alias Rezgar Salimian) have
been charged with cooperation with the
terrorist group of Kumeleh”. Mr Azad Rasouli
has been in possession of illegal weapons.
They have all been released on bail. Khezer
Sa'idnezhad (alias Khezer Mouloudi),
Mohammad Saleh Khkhashireh and
Mohammad Amin Salimian have been charged
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held at an undisclosed location. Their families
have not been told where they are or what they
have been charged with. The security forces also
searched their houses and confiscated documents
and personal computers. The men are former
members of Kurdish opposition parties, and had
been arrested a few years ago. They were
subsequently released, but kept under supervision
by the Ministry of Intelligence.
with cooperation with the terrorist group of
Kumeleh and complicity in assassinating an
individual by the name of Ali Yasin Parast”.
Mohammad Amin Salimian also has
participated in assassination of another person
named Rahman Qaderi. None of them have
been able to provide bail and therefore have
remained in custody.
91.
13/04/06
JUA
WGAD;
TOR;
VAW;
Ms Masouma Kaabi, aged 28, her son A. aged
4, Ms Hoda Hawashem, aged 24, her sons A.
aged 4, and 0. aged 2, Ms Soghra Khudayrawi,
her son Z. aged 4, and Ms Sakina Naisi.
Masouma Kaabi is the wife of Ahwazi political
activist Habib Nabgan, who has fled Iran. She was
arrested on 8 March 2006 together with her son
and is held at Sepidar Prison, Ahwaz City,
Khuzestan Province. Habib Nabgan was informed
that his wife and son will be tortured or killed if he
does not return to Iran. Hoda Hawashem is the
wife of Ahwazi activist Habib Faraj-allah. She was
arrested together with her sons on or around 31
March 2006. They are currently held at an
unknown location. Soghra Khudayrawi is the wife
of Ahawazi activist Khalaf Derhab Khudayrawi. Ms
Khudayrawi and her son were arrested on an
unknown date and are currently held at Sepidar
Prison. Sakina Naisi, the wife of Ahwazi activist
Ahmad Naisi, was three months pregnant when
she was arrested on 27 February 2006 and taken
to Sepidar Prison. As a result of health problems
she had problems with her pregnancy and lost her
baby. The authorities destroyed her husband's
By letter dated 2/06/06, the Government
reported that no legal record of Ms Hoda
Hawashem and Ms Soghra Khudairawi has
been found. Ms Masouma Kaabi and Ms
Sakina Naisi have been charged with
measures against security of the state” and
both have been released on bail on 15 May
2006 and 19 April 2006, respectively.
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family home in Ahwaz by bulldozers following her
arrest. No charges are known to have been raised
against any of the women and children detained.
92.
26/04/06
JAL
TOR;
VAW;
Leyla Mafi (subject of previous transmitted
communications, E/CN.4/2006/6/Add.1, paras. 97
and 112). On 27 March 2005, the Supreme Court
overturned the death sentence, but upheld the
sentence of flogging. The case was sent back to
the Court of First Instance in Arak for a retrial. In
October 2004, Leyla Mafi was acquitted of the
charge of incest (which carries the death penalty),
and of controlling a brothel. However, she was
convicted of an unchaste act with a next of kin
(other than fornication)” and was sentenced to 99
lashes. In February 2006, she was subjected to
99 lashes at the headquarters of the Justice
Department in the City of Arak. She was
subsequently moved to a women's rehabilitation
centre in Tehran, where she is obliged to stay for
eight months.
93.
04/05/06
JUA
WGAD;
HRD;
TOR;
Mohammad Suwaidi, aged 18, a member of
Iran's Arab minority and an activist for the rights of
the Arab minority. On 16 March 2006,
Mohammad Suwaidi was arrested near the border
with Iraq. He is currently held in incommunicado
detention. After he was arrested he was taken to a
Ministry of Intelligence detention facility and
subsequently taken for interrogation to Section 2
of the Prosecutor's Office in Ahvaz City, in the
Province of Khuzestan.
94.
08/05/06
JUA
WGAD;
FRDX;
TOR;
Dr. Ramin Jahanbegloo, an Iranian philosopher,
scholar and the author of several books on
philosophy and modernity in Iran. On 2 May 2006,
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he was arrested at Mehrabad Airport in Tehran
after returning from a trip to India. No legal
reasons or explanations were given for his arrest.
Dr. Jahanbegloo, who is the Head of the
Department for Contemporary Studies at Iran's
Cultural Research Bureau, was later taken to Evin
prison, where he is kept in incommunicado
detention.
95.
10/05/06
JUA
SUMX;
TOR;
Valiollah Feiz Mahdavi who is said to be at
imminent risk of execution (communication dated
22 February 2006, see above). Valiollah Feiz
Mahdavi was arrested in 2001 by Intelligence
Ministry agents and charged with undermining
national security and attempting to join the
People's Mojahedin Organization of Iran in Iraq.
He was kept in solitary confinement for 546 days,
during which time he was interrogated and
subjected to torture. He was kept in a little, dimly
lit cell and when moved for any purpose he was
shackled, cuffed and blindfolded. Valiollah Feiz
Mahdavi was sentenced to death by the 26th
Branch of the Revolutionary Court in Tehran. At
his trial, he rejected all the charges against him
and had no legal representation. He is now being
held in Gohardasht Prison in Karaj. Over the past
two weeks, the prison chief and his executive
deputy told Valiollah Feiz Mahdavi that he would
be executed during the Persian New Year
holidays.
By letter dated 29/06/06, the Government drew
attention to its letter of 15/03/06 (see above).
The Government further reported that a
process of amnesty for him has been initiated
by relevant department in the Office of Public
Prosecutor and the case is under consideration
for this purpose. The sentence would not be
carried out until this process reaches a clear
conclusion on the case. It noted that the
seriousness of the crime (undergoing military
training by the Iraqi regime of Saddam Hussein
aimed at the security of the state, and carrying
explosives in a suitcase) has to be taken into
account. He has been charged by the
competent court (the only authority legally
authorized to do this in the system of justice in
Iran) and there has been no record of him
being tortured, held in incommunicado or
deprived from legal defence.
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96.
10/05/06
JUA
WGAD;
FRDX;
TOR;
Mostafa Evezpoor, aged 25, M. R., aged 14, and
M., aged 16, brothers and activists for the rights of
the Azeri Turk minority in Iran. On 6 April 2006,
M. R. was arrested by officials from the Ministry of
Intelligence, while writing “I am a Turk and my
language is Turkish” on a wall. He was taken to a
Ministry of Intelligence facility called Bagh
Shomal, where he was severely beaten. He was
detained for three days before being released.
While he was in detention he was suspended by
his feet for 24 hours, and given no food or water,
or allowed to use a toilet. On 6 April 2006,
Mostafa Evezpoor and M. were arrested at about
midnight at their home in the city of Tabriz, East
Azerbaijan Province. The arrest was carried out
by about 15 officials from the Ministry of
Intelligence. Mostafa Evezpoor is currently being
detained in incommunicado detention at an
undisclosed location, which is believed to be a
detention facility run by the Ministry of Intelligence
in Tabriz. On 9 April 2006, he was brought before
a court, although it is not clear whether he has
been charged with a criminal offence. M. was
detained for three days before being released.
97.
19/05/06
JUA
WGAD;
HRD;
TOR;
Saleh Malla Abbasi, a defender of the rights of
the Azeri Turks in Iran, Ahar, Azerbaijan Province.
On 17 April 2006, police officers from the Ministry
of Intelligence entered his home, searched his
house, confiscated possessions, and arrested
him. His whereabouts were unknown for two days.
On 19 April 2006, Mr Saleh Malla Abbasi called
his family and informed them that he was being
transferred to the Ministry of Intelliqence detention
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facility in the city of Tabriz. Since that date he has
been held in incommunicado detention.
98.
22/05/06
JUA
WGAD;
FRDX; IJL;
Racism;
RINT;
TOR;
52 members of the Nematollahi Sufi Muslim
community and their two lawyers Farshad
Yadollahi and Omid Behroozi. They are
amongst 173 members of the Nematollah Sufi
Muslim community(subject of a communication
dated 1 March 2006, see above), who were
arrested on 13 February 2006, due to their
participation in a peaceful protest against an order
by the security forces to evacuate the
community's place of worship, known as
Hosseiniye. On 3 May 2006, 52 members of the
Nematollahi Sufi Muslim community and their two
lawyers Farshad Yadollahi and Omid Behroozi
were convicted on charges of “disobeying the
orders of government officials” and “disturbing
public order”. For the former charge, 25
individuals were reportedly fined 10 million Iranian
Rials (equivalent to more than US$1,000) and the
rest were fined 5 million Iranian Rials. For the
latter charge, they were sentenced to one-year
imprisonment and 74 lashes. After their release,
they are obliged to report to the security officials
every month for the period of 2 years. Farshad
Yadollahi and Omid Behroozi were disqualified
from their profession for five years. All of them
were released on bail, and were given 20 days to
appeal the judgment.
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99.
30/05/06
JUA
WGAD;
TOR;
Mr Sa'id ‘Awda al-Saki, Iranian Arab refugee
aged 35. On 11 May 2006, Sa'id Awda al-Saki
was arrested in Damascus, Syria, apparently at
the request of the Iranian authorities. Three days
later, he was transferred to an undisclosed place
in Iran where he is still held incommunicado. In
2000 or 2001 Sa'id Awda al-Saki, who was then
an activist with an Arab political group in the city
of Ahvaz, fled Iran for Syria after four other
activists from the same political group were
arrested and executed. Later on, he was
recognized as a refugee by the Office of the
United Nations High Commissioner for Refugees
(UNHCR) in Damascus. He had been accepted
for resettlement in Norway, and was scheduled to
travel there on 25 May.
100.
16/06/06
JUA
FRDX;
HRD;
TOR;
VAW;
Hundreds of women and men who participated
in a peaceful demonstration, demanding
legislative change to ensure equal rights in
Tehran. Hundreds of women and men gathered at
Haft Tir Square in downtown Tehran on 12 June
2006, and participated in a peaceful
demonstration in demand for a better recognition
of women's rights and to remove discriminatory
clauses against women from Iran's legal code.
Prior to the demonstration, the judiciary
summoned and interrogated numerous women's
rights activists. On 10 June 2006, agents of the
judiciary visited prominent activists at their homes
to issue summons. Those who were summoned
include Noushin Ahmadi Khorasani, Parvin
Ardalan, Sussan Tahmasebi, Zohreh Arzani
and Fariba Davoodi Mohajer. Fariba Davoodi
By letter dated 15/08/06, the Government
reported that, with regard to the illegal
demonstration in Tehran, all detainees except
one have been released. The one who remains
in custody is Mr Ali Akbar Mousavi Khoeiniha,
who has been charged with disturbing public
order and investigation against the state. He
enjoys the legal services of three prominent
counsels namely Ms Shirin Ebadi, Mr
Abdolfattah Soltani and Mr Mohammad Sharif.
Investigations about the case are under way
and should he be sentenced in the court, he
has to serve a term of imprisonment.
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Mohajer was interrogated by judiciary agents of
the Revolutionary Court in Tehran for 10 hours. In
the morning of 12 June, security forces arrested
another human rights activist, Shah la Entessari,
at her work. On 12 June, before the
demonstration started, the security forces started
to beat the participants with batons, sprayed with
tear gas and color spray, and took them into
custody. A spokesperson for the judiciary
confirmed that security forces arrested 70 people,
including 42 women, to prevent the demonstration
from taking place. Those who were arrested at the
demonstration site include: All Akbar Mousavi
Khoiniha, former member of the parliament and
human rights activist; Jila Banlyaghoub,
Delaram All, Samira Sadri, Bahareh Hedayat,
Leila Mohseni, Bahman Ahmadi Amool,
Siamak Taheri and Farahnaz Sharifi. They were
charged with participation in an illegal assembly .
101. 22/06/06 JUA WGAD; Mr Abbas Lisani (Leysanli) of Ardabil, an
HRD; activist for the rights of Iranian Azeri Turks. Mr
TOR; Lisani was arrested on 3 June 2006 by
plainclothes agents of the intelligence service
(Etelaat) and has been in detention without
charge since then. The approximately 30 agents
that arrested Mr Lisani entered the house by
shooting the lock off the door and then proceeded
to beat him in front of his wife and two sons. They
did not show an arrest warrant or other document
justifying the arrest, nor did they inform him of the
charges against him. Mr Lisani's lawyer, Mr
Saleh Kamrani, (subject of a communication
dated 20 June 2006, see above) was arrested on
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14 June 2006 and is currently detained at Evin
prison in Tehran. His wife and family are not
allowed to visit him.
102.
28/07/06
JUA
TOR;
VAW;
Ms A. K., mother of four children between the
ages of nine and nineteen. She had an extra
marital affair after her divorce request was
rejected by the court, on the basis that she had
children with her husband and therefore had to
resume living with him. She was sentenced on
two charges; the first was for participating in the
murder of her husband, for which she received a
sentence of 15 years imprisonment; the second
was for adultery as a married woman, for which
she was sentenced to execution by stoning in
accordance with Article 83 of the Iranian Penal
Code. A woman sentenced to stoning is to be
buried in the ground up to a line above her
breasts (Article 102 Penal Code) before being
stoned with stones that should not be large
enough to kill the person by one or two strikes,
nor so small that they could not be defined as
stones (Article 104 Penal Code). Ashraf Ko lhari
has been held in Tehran's Evin prison for five
years, and should by law serve the remaining ten
years of her prison sentence before she is
executed. However, in July 2006, she received
the order for the implementation of her sentence,
and is due to be executed by stoning before the
end of July. Ashraf Ko lhari has written to the Head
of the Judiciary, Ayatollah Shahroudi, asking for
forgiveness.
By letter dated 4/09/06, the Government
reported that Ms A. K. has been charged with
adultery” and accomplice in her husband's
murder” and accordingly sentenced to stoning
and 15 years of imprisonment. The case is
under review and the final verdict is still
pending. It is to be noted that the moratorium
of the Judiciary on stoning sentences is still in
place.
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103.
16/08/06
JUA
WGAD;
FRDX;
HRD; IJL;
TOR;
Ahmad Batebi, a student activist (subject of an
earlier communication, E/CN.4/2004/56/Add. 1,
para. 833). On 27 July 2006, unknown armed
persons conducted a home search, arrested
Ahmad Batebi and drove him to an undisclosed
location, believed to be Evin Prison in Teheran.
He is being denied access to his family and
lawyer. Ahmad Batebi was originally detained in
1999 for his participation in a student
demonstration following the closure of the
Newspaper Salam. He had been convicted on
charges of endangering national security” and
condemned to capital punishment by the Islamic
Revolutionary Courts. The sentence was later
commuted to 15 years imprisonment. Due to his
bad health condition and after serving 6 years of
his sentence, Ahmad Batebi was granted
approved leave by doctors appointed by the
judiciary system.
104.
30/08/06
JUA
WGAD;
HRD;
TOR;
Mehdi Babaei Ajabshir (also known as Oxtay), a
prominent Azeri activist, from the Azeri-Turkish
community, who promotes the Azeri-Turkish
cultural identity. On 28 June 2006, at 10.30 pm,
approximately 16 police officers from the Ministry
of Intelligence (Etelaat) entered his house to
arrest him, but he was not present at the time.
The police searched the house until 12.30 am
before arresting Ali Babaei Ajabshir, Mehdi's
brother. The police confiscated Turkish-language
books, CDs, a computer, a poster, and family
photograph albums. They threatened members of
his family that they would torture or shoot Ali
Babaei Ajabshir. That night, Ministry of
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Intelligence police made repeated telephone calls
to the family's house, demanding that they reveal
the whereabouts of Mehdi Babaei Ajabshir. On 29
June 2006, Ali Babaei Ajabshir was released, on
condition that he would convince his brother
Mehdi to report to the Tabriz Ministry of
Information. On 11 July 2006, witnesses told
Mehdi Babaei Ajabshir's family that he had been
arrested in the street by Ministry of Information
officials. His family did not know his whereabouts
until 21 July 2006, when he telephoned them and
told them that he was at a detention facility run by
the Ministry of Information in Tabriz. He has had
no contact with his family since and no access to
his lawyer. It is not known whether he remains
detained at the Ministry of Information detention
facility, or whether he has been transferred to
Tabriz prison .
105. 30/08/06 JUA WGAD; All Khodabakhshi, also known as Elyaz Yekanli,
HRD; a prominent activist for the cultural, social and
TOR; political rights of the Azeri Turkish community in
Iran. On or around 8 June 2006, he was arrested
at his home in the Village of Kahriz Yekan, in
northwestern Iran. He was detained for 30 days in
solitary confinement, at a detention facility run by
the Ministry of Information (Etelaat) in the city of
Tabriz. During this time, he did not have access to
his family or lawyer, and his family did not know
where he was detained. He was beaten and given
electric shocks to force him to make a confession.
He was subsequently transferred to Qirkhlar
Prison in Marand, where he is still being held. In
Qirkhlar Prison, he is detained in a cell with other
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prisoners who harass and threaten him. Prison
officers have told Ali Khodabakhshi that they are
going to keep him there until he suffers a
psychological breakdown. He has not been
charged with a criminal offence. Ali Khodabakhshi
is suffering from a variety of medical complaints.
As a result of his treatment in detention and
previous medical conditions, he has a poor sense
of balance, and has problems with his heart,
kidneys, and digestion system, as well as
impaired hearing and vision. He has limited
access to food.
106. 02/10/06 JUA SUMX; S. G., K. N. and S. M. who have been sentenced
TOR; to death by stoning for adultery. S. G. (also known
VAW; as M.), arrested in June 2005, was sentenced to
execution by stoning for adultery by a court in
Oromieh in June 2006. She is held in Oromieh
prison. S. G.'s case is being re-examined. K. N.
was forced into prostitution by her husband, a
heroin addict who was violent towards her. K. N.
was sentenced to eight years' imprisonment for
being an accomplice to the murder of her
husband, and execution by stoning for adultery.
She was scheduled to be executed after serving
her prison sentence, which finished two years
ago. She has written to the Judicial Commission
for Amnesty to ask for her sentence of execution
by stoning to be commuted, and is awaiting a
reply. K. N. is detained in Tabriz Prison and is at
imminent risk of execution. S. M. was sentenced
to 15 years' imprisonment for being an accomplice
to the murder in January 2004 of her husband
Abdollah, and to execution by stoninq for adultery.
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During interrogation she said that she was
subjected to domestic violence by her husband
and that she did not kill him. She added that on
the night of the incident after Alireza killed her
husband, she ran away with him because she was
scared to stay at home, thinking that her brothers-
in-law would kill her. Alireza was sentenced to
death for the murder of S. M.'s husband, and to
100 lashes for “illicit relations”. The sentences are
pending examination by the Supreme Court. S. M.
is detained in Reja'i Shahr Prison, Karaj, near
Tehran.
107. 27/1 0/06 JUA FRDX; Kianoosh Sanjari, member of the United
HRD; TOR; Students Front, who has reported on the human
rights situation in Iran on online blogs. On 7
October 2006, he was arrested in Tehran after
visiting the house of Sh'ia cleric Ayatollah Sayed
Hossein Boroujerdi who has called for the
separation of religion and State. Mr Sanjari was
taken to an unknown location and is being held
incommunicado. Mr Sanjari had previously been
arrested on a number of occasions in relation to
his activities and was detained and held in solitary
confinement for a number of months in 1999, after
demonstrating against the closure of the
newspaper Salam (Peace).
108.
13/11/06
JUA
IJL; SUMX;
22 Ahwazi Arab activists arrested by the
TOR;
Government in June 2006: All Motirijejad,
Abdullh Solymani, Milk Banitamimt, Abolamir
Farjaolh Chaabi, Mohammad Chaabpour,
Khalaf Khozairi, Alireza Asakereh, Majed
Albog Hbaish, Ghasem Salamat, Abdoireza
Sanawati, Said Hamydan, Ms Fahimeh Esmaili
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Badawi, Toameh Chaab, Nasser Farajolah Kia,
Majid Mazaal, Jalil Moghadam, Mehdi Saad
Nasab, Ms Hoda Hedayati Rezale
(Hawashemi), Sharif Asel Nawaseri, Jalil
Boraihi, Mohammad Sawari, and Abdo lreza
Salman Delfi. On 9 November 2006, the Head of
the Judiciary in Khuzestan Province, Mr Abbas
Jaafari Dowlatabadi, announced that the Supreme
Court has confirmed the death sentence of ten of
the defendants mentioned above, namely All
Motirijejad, Abdullh Solymani, Milk
Banitamimt, Abolamir Farjaolh Chaabi,
Mohammad Chaabpour, Khalaf Khozairi,
Alireza Asakereh, Majed Albog Hbaish,
Ghasem Salamat, and Abdo lreza Sanawati.
Iranian media have announced that the
confessions of the 10 men will be broadcasted on
Khuzestan TV tonight, 13 November 2006, and
that their executions will be held in public,
probably on 14 or 15 November 2006.
All ten men were tortured into making false
confessions. Their lawyers were not allowed to
see them prior to their trial and they were given
access to the prosecution case only hours before
the start of the trial. The trial was held in secret.
The lawyers for the defendants, Khalil Saeedi,
Mansur Atashneh, Dr Abdu lhasan Haidari, Jawad
Tariri, Faisal Saeedi and Taheri Nasab, were
arrested for having complained about violations of
the relevant laws in the course of the trials and
charged with threatening national security.
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109.
14/11/06
JUA
WGAD;
FRDX;
HRD; TOR;
Abbas Leysanli (or Lisani), aged 39 (subject of
a communication dated 22 June 2006, see
above). On 27 September 2006, one day before
he was released from the Erdebil State Prison on
bail, Mr Leysanli was sentenced to 16 months
imprisonment and fifty lashes by the Penal Court
N° 105 of the General Penal Court of the Province
of Erdebil, in relation to his participation in the
mass protests on 27 May 2006 in Erdebil. The
Court found him guilty of disturbing the peace
and creating public disorder” and participating in
the destruction and burning of public and private
property”. On 26 October 2006 Mr Leysanli filed a
written appeal against the sentence of the court of
first instance. The Erdebil Appeal Court, Branch 1
of the Erdebil Province, in closed session,
increased the sentence for disturbing the peace
and creating public disorder from ten to twelve
months of imprisonment, making the sentence in
total 18 months. The fifty lashes have been
retained by the court. On 31 October 2006, Mr
Leysanli was rearrested at his workplace in
Erdebil by plainclothes security agents and taken
to the Erdebil State Prison, where he has been
detained ever since. No formal statement
regarding the authority upon which he was
arrested and detained has been issued to Mr
Leysanli. His re-arrest is possibly related to his
conviction on appeal. Mr Leysanli suffers from
poor health, as a result of ill-treatment during
previous periods of detention.
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110.
04/12/06
JUA
WGAD;
FRDX;
HRD; IJL;
TOR;
Mansour Ossanlu, Head of the Union of Workers
of the Tehran and Suburbs Bus Company,
currently detained at Evin Prison. He was arrested
at his home by police on 22 December 2005 and
eventually released on bail amounting to 1.5
billion Rials on 9 August 2006. When awaiting
trial, he was re-arrested on 19 November 2006,
outside his home by plain clothes members of the
security forces and detained incommunicado at
Evin Prison, Section 209. His family has been
able to visit him once, and his wife was also able
to speak to him when she attended the court
session on 20 November 2006. He is suffering
from a serious eye complaint, but is not receiving
medical treatment in prison. On 26 November
2006, Mr Ossanlu appeared at Branch 14 of the
Revolutionary Court for initial investigations by the
Prosecutor. No specific charges have been laid in
the court. Mr Ossanlu's lawyer could not attend
the court session, because Mr Ossanlu had not
had access to him. Concern is expressed as to his
state of health and his physical integrity in view of
the reported lack of proper medical treatment of
his eye and also in view of his incommunicado
detention.
111.
Follow-
upto
past
cases
Esmaeil Mohammadi (E/CN.4/2005/62/Add.1,
para. 843, and E/CN.4/2006/6/Add.1, para. 104).
By letters dated 24/05/05 and 8/08/05 (see
also the response, above, 15/03/06), the
Government reported that a thorough
investigation has been carried out by the local
judiciary authorities in Western Azerbaijan
Province. Mr. Esmaeil Mohammadi was a
member of the banned terrorist group
Komele”. He was sentenced to death based
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on numerous articles of the Islamic Penal
Code. However, due to an appeal by his
defence, the case was referred to the Supreme
Court, where the sentence was upheld.
Nevertheless, the sentence has not been
carried out yet for further consideration.
112.
Leyla Mafi (E/CN.4/2006/6/Add.1, paras. 97 and
112).
By letter dated 25/01/06, the Government
reported that since she did not have a personal
residence, the court has ruled that she will
reside in a rehabilitation centre of the Social
Security Organization at least for eight months
to ensure her physical and mental integrity,
and to provide her with adequate housing.
During this period she will receive assistance
from social worker to get prepared for
reintegration into the society and to assume
her normal life. The allegations of torture are
categorically denied.
113.
Akbar Ganji (E/CN.4/2006/6/Add. 1, para. 106
and 108).
By letter dated 20/02/06, the Government
reported that he has been charged with
measures against national security”,
gathering classified information”, and
dissemination of false information”, and has
been sentenced to six years of imprisonment.
The sentence has been upheld by the
Appelate Court of Tehran Province, and he is
serving his term. During his prison term, with
the assistance of the judiciary, he has gone on
leave on numerous occasions, and he is
enjoying medical care as required. On 17 June
2005, he has been diagnosed with a pain in his
right leg, and has been hospitalized for a knee
operation. He has spent 40 days in hospital,
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and has undergone the necessary medical
treatment, before being returned to prison. To
help his physical and mental rehabilitation, he
has been placed in a special suite of the prison
with an area of 1 00m 2 . He has met with his
family and his la 'er on a number of
occasions. According to the medical reports,
he is in satisfactory health, and based on
regulations, will be released shortly. By letter
dated 29/03/06, the Government reported that
he was released on 20 March 2006.
114.
Firouz Abou Farhan, Abdulali Douraghi, Karim
Douraghi, and Eshaghi (E/CN.4/2006/6/Add.1,
para. 114).
By letter dated 06/06/06, the Government
reported that Mr Karim Douraghi has been
charged with disturbing the public order” and
detained on the order of the Office of Public
Prosecutor in Ahwaz on 14 November 2005.
He has been released on 3 December 2005.
Mr Firouz Abou Farhan has been detained for
the same charge of Mr Douraghi and released
on bail on 1 December 2005. No legal record
of Mr Abdulali Douraghi and Mr Eshaghi has
been found.
115.
Iraq
16/12/05
JUA
FRDX;
TOR;
Kamal Sayid Qadir, a writer, an Iraqi Kurd with
Austrian citizenship. He has been detained
incommunicado in Iraqi Kurdistan since 26
October 2005. Qadir was on a visit to Iraqi
Kurdistan at the time of his arrest. He was
arrested in the city of Erbil by Kurdistan
Democratic Party (KDP) intelligence agents
because of articles that he had previously
published on the Internet criticizing KDP
authorities and the political leadership of the
Kurdish territories of Iraq. Official sources of the
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KDP abroad confirmed that Qadir is being held in
Erbil and is being investigated for “slander,
personal harassment and threats” of prominent
elected politicians. Qadir has been ill-treated in
detention and is in poor health.
116.
30/03/06
JUA
WGAD;
TOR;
Fourteen men, all reportedly Sunni Muslims
arrested on suspicion of being members of anti-
Government armed groups. They have been
detained by the Iraqi security forces since 21
December 2005. The names of the men are
Nazim Mohammad lsma'il al-'Ani, aged 42, oil
technician, Nayif Sa'eed Hameed Al-Dun,
Thamin Sa'eed Hameed Al-Dun, Sa'doon
Sa'eed Hameed Al-Dun, Nazim Sa'eed Hameed
Al-Dun, Amin Mohammed Salih Al-Dun, Tunki
‘Atia Jabni Al-Jibouni, Fanuq Sabbah
Mohammed Hassan Al-Kanaghali, Mohammed
Sabbah Mohammed Hassan Al-Kanaghali,
Mostafa Sabbah Mohammed Hassan Al-
Kanaghali, Talib Juda Jabin, lbnahim
Mohammed lbnahim, Riyadh Jassim
Mohammed Al-Sa'dooon, and Ehab Riyadh
Jassim Al-Sa'doon. On 21 December 2005 at 7
am, Iraqi security forces stormed a house in Hay
al-Jihad, West Baghdad, and arrested 16 men,
including the 14 named above and Ahmad
‘Abbas Naji Khunshid al-Salihi (brother-in-law of
the above-mentioned Nazim Mohammad lsma'il
al-Ani) and Finas Naji ‘Abid Mikhlaf. The men
were blindfolded, handcuffed and taken to an
unknown location where they were interrogated,
kicked, beaten with metal bars and subjected to
suffocation with pillows. While the detailed
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reasons for the arrests are not known and no
formal charges are known to have been raised
against the men, the security forces had a list of
persons to be arrested on suspicion of belonging
to armed groups opposed to the Government.
Later the same day, Nazim Mohammad lsma'il al-
Ani, Ahmad Abbas Naji Khurshid al-Salihi and a
third man were again blindfolded and taken to
another unknown location, which was apparently
the roof of a private house. The other 14 men
were probably also separated into groups and
taken to unknown locations. The three men were
reportedly detained on the roof of the house for 13
days with no food and little water. They were
again beaten by members of the security forces.
Members of the Iraqi security forces also
telephoned Ahmad Abbas Naji Khurshid al-
Salihi's family and demanded US$60,000 for his
and Nazim Mohammad lsma'il al-Ani's release.
The security forces told the family that if they
failed to pay the sum, the two would be charged
with “membership of the insurgency”. The family
refused to pay the amount of money demanded.
On 3 January 2006, the three men were returned
to the place where they had been detained
immediately after their arrest on 21 December
2005. The next day Ahmad Abbas Naji Khurshid
al-Salihi, who resides outside Iraq and was on a
visit at the time of arrest, was released without
charge. When he returned to his country of
residence he was admitted to hospital and given
medical treatment for his injuries, including a
fractured nose and shoulder. In late January
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2006, the body of Firas Naji Abid Mikhlaf was
found in al-Rostumiya District, Baghdad. His body
was taken to Baghdad's main morgue. The
autopsy suggests that he was strangled, two or
three days after he was arrested. He apparently
had injuries consistent with torture.
117.
17/08/06
AL
TOR;
Mohammad Hadi Al Yaqoubi, a student at the
Institute of Technology, originally from the
Ghazaliya area, Baghdad. On 5 April 2005, he
went to visit friends at the College of Dentists,
stopping at the Buratha Mosque on the way home
for prayers. At the mosque gate, the guards
searched him, but when he was about to enter the
praying area a guard ordered him inside a room in
the mosque. He was tied down on a bed and
several guards started beating him with cables,
wooden rods, and electric rods until he was
unconscious. When he woke up, the torture
resumed. A Shiite, Mohammad was forced to
confess that he was a Sunni from the Ghazaliya
area and sent by the Hamza Mosque. The
treatment continued until sunset. His neck was
stepped on, and he suffered a lost tooth and
broken leg. He was finally released at the end of
the day, and threatened against mentioning the
incident to anyone. The next day Mohammad's
father took him to the headquarters of the
Supreme Council of Islamic Revolution in Iraq
(SCIRI). In the presence of a lawyer, photographs
and a statement were taken. It was reported that
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following an investigation the mosque guards had
been fired, though the perpetrator had not been
investigated as he was a prominent member of
SCIRI. A complaint, including medical reports,
were sent to the Ministry of Human Rights,
however no action has been taken to date.
Moreover, Mohammad's father has been
threatened to make him drop the complaint. As a
result of the torture, Mohammad continues to
suffer from severe depression and panic attacks,
a speech impediment stemming from the injuries
to his neck, and continuing pain in his leg, and
_______ _____________ __________ ______ ___________ kidneys .
118. 18/08/06 JAL SUMX; As he was leaving a mosque in Al-Huria District,
TOR; Baghdad, following prayers on an unspecified
date in May 2005, Taha Mohammad Sulaiman
Al Meshehdani was arrested together with five
others by members of the Iraqi Rapid Reaction
Force riding in vehicles with the insignia of the
National Guards. He was taken to the Ministry of
Interior Detention Centre. Having received no
news of his whereabouts, 19 days later his family
discovered that his body was in the Medico-Legal
Institute, found among six others dumped in the
Al-Sha'ab District. His body exhibited wounds
inflicted as a result of a power drill, his vertebrae
and bones in his legs and hands were broken.
Death reportedly occurred the day after he was
arrested. On 14 May 2005, Salah Hassan Mosa,
Yahya Hassan Mosa, Khalid Al-Azzawi, Salah
Ibrahim, Nariman Mahmoud, Khudair
Khamees, Naseir Samir, Laith Al-Azawi, All
Hussein, and Mohammed Hamid Rashid were
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detained by the Police Special Forces Unit (Al-
Borkhan) in the Al-Eskan area of Baghdad. They
were found dead in the Al-Gayarra District days
later with torture signs on their bodies, including
bullet holes and marks indicative of beating.
On 10 July 2005, officers of the Ministry of Interior
searched the Seba Abkar District, Baghdad, and
arrested men belonging to the Arab Sunni
community, including Shiekh Dhiaa Muhmood
Al-Jenabi, Abdulsalam Abdul-Aziz, Amer
Husain Al-Meshhedani, Ayad Dawood Selman,
Selman Dawood Selman, Hadi Zbala, Foua'ad
Salem Tawfeek Al-Kaisi, Ala'a Salem Tawfeek
Al-Kaisi, All Noree Aifan, Mushtaq Misha'an
Mutlaq, and Khalid Zaidan Saud Al-Lehaibie.
On 13 July 2005, the families of the victims found
the bodies in the Medico-Legal Institute. The
bodies bore signs of injuries, including wounds
caused by power drills, gun shot wounds to the
head, acid-induced injuries, and facial mutilation,
such as missing eyes. On 24 August 2005, about
80 persons belonging to the Sunni community
were detained in Al-Huria District, Baghdad, by
the Police Special Forces Unit (Al-Borkhan Unit).
They included Mohamed All Hamed Al-
Mashhadaniy, Waleed All Hamed Al-
Mashhadaniy, Mushtaq Abas A lwan Al-Msariy,
Emad Qazi Abdullah Al-Kaabiy, Sadam
Mohamed Mahood Al-Mashhadaniy, All Ahmed
Abdul Karrim Al-Mashhadaniy, Hekmet Ahmed
Abdul Karrim Al-Mashhadaniy, Mohamed Al-
Najar Al-Mashhadaniy, Hassan Ahmed
Hussien Al- Mashhadaniy, Ahmed Abed
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Ahmed Al-Mashhadaniy, Methaq Abass A lwan
Al-Mashhadaniy, Adel Awad Mutlaq Al-
Dulaimi, Mahdi Awad Mutlaq Al-Dulaimi, Fadel
Awad Mutlaq Al-Dulaimi, Zead Awad Mutlaq
Al-Dulaimi, Wessam Adnan Awad Mutlaq Al-
Dulaimi, Hesham Adnan Awad Mutlaq Al-
Dulaimi, All Adel Awad Awad Mutlaq Al-
Dulaimi, Umer Adel Awad Mutlaq Al-Dulaimi,
Muwafaq Dawood Mutlaq Al-Dulaimi, Ahmed
Dawood Mutlaq Al-Dulaimi, Riaad Dawood
Mutlaq Al-Dulaimi, Diaa Dawood Mutlaq Al-
Dulaimi, Mohammed Ibrahem Aubaid Al-
Dulaimi, Muhaned Ibrahem Aubaid Al-Dulaimi,
Fadel Jasem Mohammed Al-Dulaimi, Feras
Talib Dawood Mutlaq Al-Dulaimi, Mukhlif Garib
Al-Dulaimi, Shawkat Mukhlif Garib Al-Dulaimi,
Falah Mukhlif Garib Al-Dulaimi, Hussain
Rashed Jassem Hamadly Al-Dulaimi, and
Mohammed Alawi Abass Al-Ubaidly. On 28
August 2005, the bodies of 36 of the persons
detained on 24 August in Al-Huria were found in
Kut Province. On 29 August 2005, a relative of
other victims identified another 50 bodies in the
Medico-Legal Institute, Baghdad, as belonging to
persons arrested on 24 August in Al-Huria. The
bodies bore signs of injuries, including acid-
induced injuries, gun shot wounds to the head,
missing teeth, punctures, missing skin, broken
hands, and facial mutilation, such as missing
eyes. The police have refused to release
information as to where they found the bodies
which were delivered to the Medico-Legal
Institute. Ahmad Shaker Mahmoud, aged 37,
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Omar Khalil Abed, aged 30, and Shaker
Mahmoud All, aged 66, all of Baghdad, were
detained by members of the Al-Mehdi Army
following the bombing of two Shiite shrines in
Samara on 22 February 2006. On 23 February
2006, their bodies were found dumped in the
Kasra-Wattash District, Baghdad, bearing signs of
torture. Ahmed Shaker's left eye was missing, his
back appeared to be burned by an iron, and his
body bore puncture wounds made by a power
drill. Omar Khalil's neck exhibited power drill
injuries; and Shakir Mahmoud had marks
indicative of beatings. Mosa'b Abdul Sattar
Abdul Jabbar, aged 25, member of a counseling
committee at the Muslim Scholars' Foundation,
Baghdad, was deprived of his freedom by men
riding in three cars belonging to the Ministry of
Interior on his way to Al-Tasfeerat (the Iraqi Police
Center), where he was going to visit one of the
detainees. On 30 May 2006, the body of Mosa'b
Abdul Sattar was found in the Medico-Legal
Institute bearing signs of torture: acid burns on his
face and body and power drill holes on his legs. It
seems also that his head was squeezed with a
metal compressor until his eyes came out of their
sockets. In none of the above cases have
investigations led to the arrest of the suspected
perpetrators and the initiation of criminal
proceedings against them, nor has any of the
victims' families received compensation.
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119.
11/10/06
UA
TOR;
Talel Sabeh Abdulmajid Faisal, aged 34, from
Halab, Salah ad Din Governorate. He is currently
detained in the Major Crimes Unit, Tikrit Police
Station, Salah ad Din Governorate and was
tortured to confess to having committed a number
of crimes. He is in very poor health after having
been subjected to electric shocks and severe
beatings. He has sustained injuries to his hands
and feet. Firas Nassir Hussein, Uday Hatem Al
Tallal, and Hayder Masgoub Al Da'ami, a
policeman from Najaf. On 3 September 2006,
between 20 and 30 people were arrested on
suspicion of being involved in the explosion that
took place in Najaf on 10 August 2006. Some
detainees have been released, although a few still
remain under the custody of the Ministry of
Interior. The three above-mentioned detainees
were severely tortured and were shown on a local
Najaf TV station on 8 September 2006,
confessing” their involvement in the planning and
execution of the Najaf explosion.
120.
27/10/06
JUA
SUMEX;
TOR;
Mohammad Munaf Mohammad al-Amin, who
holds dual American and Iraqi citizenship, Vusuf
Munaf Mohammad al-Amin, Salam Hikmat
Mohammad Farhan al-Qassir, ‘Abd al-Jabbar
‘Abbas Jasim al-Salman, ‘Omar Jasim
Mohammad ‘Ali al-Salman, and Ibrahim Yassin
Kadhim Hussain al-Jibouri. The six men were
sentenced to death by the Central Criminal Court
of Iraq (CCCI) on 12 October 2006 for their
alleged involvement in the kidnapping of three
Romanian journalists in Iraq. The trial, which
considered the case of all six defendants at the
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same hearing, lasted about one hour. All six
defendants face execution if the Court of
Cassation upholds the COOl's verdict. The men
were tortured and threatened in pre-trial detention.
Mohammad Munaf Mohammad al-Amin is
currently being held by the US armed forces at
Camp Cropper near Baghdad airport. He has
been in US custody since his capture in May
2005, under an agreement which allows pre-trial
detainees awaiting criminal prosecution in Iraqi
courts to be held in detention centres run by the
Multi-National Force-Iraq (MNF-l). He was held for
months in US custody as a security internee
before appearing before the CCCI. He has
subsequently made statements at Iraqi
preliminary hearings admitting to having
participated in the kidnapping of the journalists,
but retracted his confession at trial. He claims that
the confession was made after he received
threats of violence and sexual assault against him
and his family. Mohammad Munaf Mohammad al-
Amin is due to be transferred imminently to Iraqi
custody. Muhammad Munaf Mohammad al-Amin
was arrested during the rescue operation to free
the journalists, and was accused of posing as a
kidnap victim and of involvement in the kidnapping
plot. He denies these charges. The other five
defendants are in Iraqi custody. Three of them
have reportedly been tortured by being beaten
with cables and the use of electric shocks on
various parts of their bodies. However, their
complaints were not considered by the court, and
no investigation into the alleged torture is believed
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to have been initiated.
121.
Israel
20/06/06
JUA
TOR;
VAW;
Ms S. l.S. of Tulkarem, currently detained in
Hasharon Military Prison. On 30 April 2006, Israeli
forces took S. I. S. from the prison in Telmond to
the Mei'r Kfar Hospital for the delivery of her baby.
Her legs and hands were cuffed until the moment
she entered the delivery room where she gave
birth to her first son. Neither the detained husband
and father of the child, nor other relatives were
allowed to attend the birth operation, which was
done by caesarian surgery. She was arrested by
Israeli forces on 23 September 2005 when she
was pregnant. During her arrest, she was
removed from her home, forced to strip naked in
an Israeli military vehicle and put on a white robe.
Following the incident, the soldiers tied her hands
and legs with plastic wires. While in the Maskobia
Interrogation Center, S. I. S. was subjected to
invasive body searches. She was also brutally
beaten during her interrogation. The interrogators,
who knew she was pregnant, also threatened to
beat her to the point of miscarriage. Soldiers
placed her husband in a nearby room in order to
apply psychological pressure. Her cell is humid
and has little ventilation. She said the prison food
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is of poor quality and quantity and that prison
administrators use special lighting to
psychologically disturb the prisoners.
122.
Jordan
21/11/06
JUA
WGAD;
HRD; TOR;
Edward Kattoura, a member of the Palestinian
Human Rights Organization (PHRO). Mr Kattoura
was arrested by Jordan security forces on 2
November 2006 and has been detained at an
unknown detention centre since then. Before his
arrest Mr Kattoura legally entered Jordanian
territory with a visa that had been issued by
competent Jordanian authorities and conducted
private business for almost a week. However, on
his way back to Lebanon via the Queen Alia
International Airport at Amman he was arrested
and detained after he had finished all security
checks for departure.
123.
Follow-
up to
past
cases
Salah Nasser Salim ‘All and Muhammad Faraj
Ahmed Bashmilah (E/CN.4/2006/6/Add.1, para.
126).
By letter dated 18/01/06, the Government
reported that the allegations are false as there
is no record showing that the two men had
been arrested for the violations of either the
penal, disciplinary or administrative codes.
They do not have documented files indicating
they pose a security concern, eliminating the
possibility of their arrest for what may be
described as terrorism”.
124.
Kazakhstan
29/06/06
AL
TOR;
YusufKadirTohti and Abdukadir Sidik,
originally from China's Xinjiang Uighur
Autonomous Region (XUAR). They were being
forcibly returned from Almaty to Urumqi by Kazakh
authorities on 10 May 2006 following a decision
by the Specialized Administrative Court of Almaty
for violation of rules of stay in Kazakstan. Now
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they are being held in incommunicado detention in
China. Yusuf Kadir Tohti had fled from China to
Kazakstan in 1996 and was arrested on 8 March
2006 by the Kazakh authorities. The Chinese
authorities accused him of separatism” and
asked for his extradition. Abdukadir Sidik had fled
the XUAR in 1999 after he publicly protested
against the Chinese authorities' policy on
minorities, particularly their enforcement of the
family planning policy, which limited the number of
children that Uighurs could have .
125. 04/07/06 JUA WGAD; Temirbaev Gabdurafih, a citizen of Uzbekistan
RINT; living in Kazakhstan as a refugee under the 1951
TOR; Refugee Convention, who is reportedly at risk of
being returned to Uzbekistan. Mr Gabdurafih fled
Uzbekistan in 1999 and has been living in
Kazakhstan with his family for seven years. In
June 2006, the Office of the United Nations High
Commissioner for Refugees (UNHCR) recognized
that Mr Gabdurafih was at risk of persecution in
his home country because of his practice of Islam
outside of the state-run mosque system in
Uzbekistan. This procedure included a
confirmation from the Government of Kazakhstan
that no criminal charges had been filed against
him. On 24 June 2006, however, security forces
arrested Mr Gabdurafih in Almaty, and he is
currently in custody. The arrest took place upon
request of the Government of Uzbekistan.
UNHCR has asked for access to Mr Gabdurafih,
but so far it has not been granted, nor has
UNHCR been provided with any information on
the reasons for the arrest, apart from beinq told
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that an “internal investigation” is in progress. Mr
Gabdurafih appears to have been told that the
Government would decide on whether to deport
him within 10 days.
126.
Kyrgyzstan
26/01/06
UA
TOR;
Yakub Tashbayev, Rasul Pirmatov, Jahongir
Maksudov and Odiljan Rahimov, Uzbek citizens,
recognized as refugees by UNHCR (subjects of
an earlier communication E/CN.4/2006/6/Add.1
para 135). They are presently detained in
detention facility No. 25 in Osh City, Kyrgyz
Republic. These four persons are at imminent risk
of being deported back to Uzbekistan, where it is
feared that they may be arrested and subjected to
torture or other forms of ill-treatments. Uzbekistan
has provided diplomatic assurances to the
Government of Kyrgyzstan that international
organizations would have access to the four
persons, if they were returned to Uzbekistan.
127.
18/05/06
JAL
TOR;
VAW;
Ms T. In the week following 14 January 2006, she
was repeatedly summoned by the Department of
Internal Affairs 2006 to testify as a witness in a
case of theft. During one of the sessions, one of
the investigators, grabbed her arms, pushed her
and began insulting her, calling her a prostitute”
and a “thief”. When she asked what she was
insulted and beaten for, she was hit on the chest
and ordered to change her testimony, and was
threatened by the investigator that he would “do
everything possible to put [ her] in prison and let
[ her] die there”. Ms T. started bleeding and told
By letter dated 4/07/06, the Government
reported that a judicial inquiry has been carried
out into the treatment of Ms T. by a staff
member of the Internal Affairs Office of
Jalalabad Province, and by staff members of
the security service of the Ministry of Internal
Affairs. During the inquiry, the allegations
made by Ms T. were not substantiated. Nor
was any substance found to the allegations
made by Ms T. in previous communications
submitted to various offices. We also note that
the investiqator has filed an application with
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him that she was pregnant and feared she could
lose her baby. The officer allegedly replied that at
a temporary detention cell [ she] will conceive
another baby”. Ms T. reported these facts to the
Oblast Prosecutor's Office. However, she fears
nothing will be done in this regard since similar
complaints against the same investigator had
been filed with the Oblast Prosecutor and no
action was taken. These allegations were then
brought to the attention of the Minister of the
Interior. The investigator subsequently brought an
action for defamation.
the Jalalabad City Court for criminal charges to
be brought against her for defamation and
insult.
128.
20/06/06
JUA
WGAD;
IJL; TOR;
Zhakhongir Maksudov, Odilzhon Rakhimov,
Yakub Toshboev and Rasulzhon Pirmatov
(subjects of a previously transmitted
communication, see above). These cases are
pending before the Human Rights Committee,
which has requested the Government to take
interim measures of protection, i.e. not to proceed
with the extradition as long as the
communications are pending before it. The
appeals of the four men against the extradition
decisions were rejected by the Supreme Court of
Kyrgyzstan in April and May 2006 for Zhakhongir
Maksudov, Odilzhon Rakhimov, YakubToshboev
and on 13 June 2006 for Rasulzhon Pirmatov. It is
reported that on 19 June 2006, the authorities
said that they would extradite them, but the date
has not been set yet. The four men are still in
detention.
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129.
05/09/06
AL
TOR;
Rakhmanberdi Kurambekovich Enazarov, aged
44, Zhany Nookat, Tomok Street. On 4 November
2005, he was arrested at his place of residence
and held by the police in Osh, pending a decision
on pre-trial detention, on charges of sodomy
However, even after the pre-trial detention was
authorised by the Prosecutor, he was not
transferred to a pre-trial detention centre as
required by law, but remained in police custody in
Osh. There, with the knowledge of the authorities,
he was severely mistreated by fellow-prisoners,
who forced him to sleep next to the toilet bowl and
damaged his metal tableware, making it
unsuitable to use for eating. When his sisters
visited him in, while he was in a temporary isolator
(IVS), the police officer present stated that in his
view, given the nature of the charges, Mr
Enazarov would not survive long and Mr Enazarov
himself told his sisters that the treatment he was
receiving was unbearable and that he was afraid
for his life. He died in detention in Osh on 20
November 2005, allegedly as the result of a
suicide attempt. The body sustained multiple
injuries, two deep wounds to the neck, wounds on
the elbows, wrists and ankles and cuts to the
stomach.
130.
13/09/06
JUA
TOR;
VAW;
Ms R. I., aged 20. On 20 July 2006, she was
arrested and taken to the Isolation Ward of
Temporary Allowance (IVS) of Jalal-Abad. Ms R.
I. is 10 weeks pregnant. She was beaten by the
chief of the Regional Department of Internal
Affairs, in order to force her to denounce her
husband, who is suspected of involvement with an
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extremist organisation called “Islamic Movement
of Uzbekistan”. Her husband surrendered to the
police immediately after he learned that his wife
had been ill-treated. Ms I. was subsequently
taken to the Kyzyl-Jarsk Psychiatric Hospital,
where she was once again severely beaten on 26
August 2006 by the same policeman. She was
immediately transferred to the gynaecological
department of the Tash-Kumyr city Hospital.
There, the doctors certified that her foetus was
dead. Ms R. I. is now at the Kyzyl-Jarsk Hospital
under police surveillance and suspected of
“concealment of criminals”.
131.
23 /11/06
JAL
IJL; TOR;
TRAF;
VAW;
Ms R. GD., an 82-year-old woman living in
Ananievo, Issyk-Kul. During the night of 22 April
2005, Ms Dergousova was raped in her home by
a man she was able to identify The alleged
perpetrator ordered her to cover her eyes with a
blanket and demanded to know whether she
recognized him. She denied knowing him, and
promised not to report him to the police, fearing
for her life. The next morning, Ms D. reported the
incident to the police. She underwent a physical
examination, which confirmed that she had been
raped. Ms D. then turned to the Oblast
Prosecutor's Office. The Prosecutor informed her
that the suspect was under investigation, and that
he had provided a written undertaking not to leave
the area. He claimed that the case would be sent
to court once the investigation was completed.
Later, however, the Assistant Prosecutor in
Cholpon-Aty Mairambek informed Ms D. that her
case had been transferred to the Oblast
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authorities. To date, there has been no trial
regarding this matter The perpetrator was
interrogated by three investigators, but bribed
them in order to terminate the investigation. He
publicly boasted that he has enough money to
guarantee his impunity The rape case referred to
above is not an isolated incident, and impunity for
rape and other forms of sexual violence is
common. Of increasing concern is the
widespread practice of bride-kidnapping”,
whereby a woman or girl is taken against her will
through deception or force and forced to marry
one of her abductors. Abductors are often
intoxicated and act in groups, using physical or
psychological coercion to compel the woman to
agree” to the marriage. These marriages are
rarely registered with the State. Instead, a Muslim
cleric conducts the ceremony or the occasion is
privately celebrated. The kidnapped women are
often raped by the abductors, but fail to report the
crime for fear of repercussions. The abductions
occur within all parts of Kyrgyzstan, both urban
and rural. The women involved are typically
under the age of 25. Some victims are also
minors. Despite the fact that Article 155 of the
Criminal Code, outlaws non-consensual marriage
by force or kidnapping, the perpetrators are
typically not prosecuted for the crime and enjoy
impunity for the sexual abuse and sexual
exploitation that is committed. The police often
fail to even investigate reported cases of bride
kidnapping. Many police officers do not view
bride-kidnapping as an issue for law enforcement,
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but consider it to be a legitimate traditional
practice.
132.
133.
Libyan Arab
Jamahiriya
25/08/06
31/10/06
JUA
JUA
WGAD;
TOR;
SUM EX;
TOR;
300 Eritrean refugees, including 80 women
and five children between the ages of two and
six. In early August, the Libyan authorities
rounded up and detained the 300 refugees in
Almerge Prison, 100km from Bengazi in northern
Libya. There are concerns that the refugees would
be at risk of torture or other ill-treatment if
returned to Eritrea. In particular, a group of 110
refugees who were returned from Libya to Eritrea
in July 2004 were held incommunicado in a secret
prison upon their arrival, many of them were
subjected to torture and ill-treatment, and some of
them died in custody.
Incident which took place in the Tripoli Abu
Salim Prison, which led to the death of one
prisoner and the injuring of at least nine others.
On 4 October 2006, some 190 prisoners were
brought back to Abu Salim Prison following a
hearing at a court in Tripoli. Upon their return to
the Abu Salim Prison, some of the prisoners
started to protest and an altercation ensued with
the prison guards. The prison administration
By letter dated 13/11/06, the Government
reported that the Department of Public
Prosecutions launched an investigation into the
incidents that occurred at the Abu Salim
Reform and Rehabilitation Institute on
Wednesday, 4 October 2006, where a number
of prisoners and detainees staged a revolt.
The Department of Public Prosecutions took all
the steps required by law, questioning security
called in security forces from outside the prison to
assist the guards in order to control the situation.
Between 2pm and 3pm law enforcement officials
fired tear-gas grenades and live ammunition at
some of the prisoners. A prisoner, Hafed Mansur
Al-Zwai, received a bullet wound to the head and
died shortly afterwards. Nine other prisoners,
Rida Al-Hariri, ‘Abd Al-Mun'em Ahmad ‘Abd
Al-Rahman, Hafed Al-Amani, Fadlallah Al-
personnel and guards of the officer class and
other ranks. It also questioned inmates who
were not involved in the incident. The
investigation revealed that several detainees
had returned from a court session. When they
entered the Institute, they occupied a number
of administrative offices and threatened to set
fire to them. At the same time, they incited the
other prisoners to join them and moved
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‘Arabi, Al-Sanussi Al-Bashari, Ayman Al-
towards the main entrance which they
Busufi, Ashraf Al-Fazzani, ‘Abd Al-Wahab Al-
proceeded to occupy, jeopardizing the security
Katshi and Khaled Al-Mansuri, were injured and
and safety of the Institute as well as the safety
taken to hospital for treatment. Most of them
of prisoners, guards and prison staff. The
received bullet wounds and are still in serious
officer in charge of the Institute went to the
condition. A top security official asked the
men to try to restore calm and convince them
detainees to reveal the name of the detainee who
to return to their cells. They attempted to
had informed the media about the incident by the
assault him and a number of police guards,
end of 9 October, telling them that all detainees
several of whom were injured. The
would be attacked if they failed to do so.
management had to call the General Security
Department for reinforcements. After a major
effort, the General Security contingent and a
group of guards managed to get back into the
Institute. At this point, the prisoners started to
pelt the police with stones and pieces of iron
that they had stolen from the site of the
company carrying out maintenance work at the
Institute. A number of men climbed the walls
and windows in a bid to escape, compelling the
guards on the roofs and at the main entrances
to discharge their weapons in order to gain
control of the situation. As a result, three
prisoners received injuries of different kinds
and were taken to hospital. The General
Security officers who had been called in to help
with the protection of the Institute made a great
effort to force the prisoners back into their
cells. Direct clashes between the police and
the prisoners ensued, with the police being
bombarded with iron pieces, screwdrivers and
water pipes. In the clashes, eight policemen
were injured, two of them slightly and the six
others with various injuries, for which they
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were hospitalized. After the prisoners had
returned to their cells, one person was found
lying on the floor. Upon examination, he was
found to be dead.The investigation showed
that the dead prisoner, Hafiz Mansur al-Zawi,
had been imprisoned in connection with case
No. 120/98. The pathologist's report indicated
that the cause of death was a single injury
sustained when the head of the deceased had
collided with a body, cracking the skull and
precipitating a fatal haemorrhage. The report
ruled out a gunshot wound as the cause of
death. The relatives of the deceased were
notified of the death and of the conclusions of
the medical report and the Department of
Public Prosecutions ordered that the body be
released to the family for burial. According to
the investigation, three prisoners had been
injured, namely: Ayman Ali al-Busayfi, Al-
Sanusi Mohammed al-Bashari, Fadlallah
Mohammed al-Mughayrbi. These persons
sustained various injuries and were taken to
hospital for treatment. The Department of
Public Prosecutions took their statements. The
investigation will continue until the testimony of
prisoners associated with, or involved in the
incident, and that of some of the Institute's
personnel has been heard. The medical report
has been annexed to the case file.
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134.
Follow-
up to
past
cases
Hatem Al Fathi Al Marghani
(E/CN.4/2006/6/Add.1, para. 139).
By letter dated 19/01/06, the Government
repeated that he is in Libya, at home with his
family.
135.
Malaysia
25/09/06
UA
TOR;
Heng Peo, former Police Commissioner, Phnom
Penh, and Personal Advisor to the Prime Minister
of Cambodia. Currently in the custody of the
Malaysian authorities, he is at imminent risk of
return to Cambodia. He left Cambodia on 23 July
2006 for medical treatment. After briefly visiting
Thailand and Malaysia, Mr Heng Peo traveled to
Singapore on 26 July, and then again to Malaysia
around 1 September. During his absence, the
Cambodian authorities issued four warrants for his
arrest on various charges related to murder or
attempted murder. His family members and
domestic helpers have been put under house
arrest, while some of his police subordinates have
been arrested and detained on suspicion of
involvement in the above-mentioned crimes.
Concern is expressed that he may be at risk of
torture or ill-treatment if he were to be returned.
136.
Maldives
17/03/06
UA
TOR;
M. A., aged 16. On 24 February 2006, at about
midnight, he was beaten by police officers when
he stopped to watch a protest outside the TVM
building in Male, which houses the State-run
television channel. The protest was organized by
opposition activists who were protesting against
alleged bias in the channel's reporting. M. A. was
watching the protest when he was grabbed
around the neck by a plain-clothed policeman and
dragged to the ground. The police hit him in the
face and pulled his trousers down and hit him on
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the thighs and genitals with a baton. He was also
verbally abused. The police then handcuffed him
and dragged him into a police van, where a police
officer sprayed pepper gas in his face. He was
then driven around Male for approximately one
and a half hours. He was taken to Male Police
Headquarters at about 1.30 am He was then
transferred to Maafannu Ward Police Station at
about 2 am. At the police station, police tied him in
a chair and punched him in the face every time he
fell asleep. He was denied food and water. The
police questioned him about why he had stopped
outside TVM and tried to get him to sign a pre-
prepared statement. He refused to do so and was
later allowed to leave with his father
137. 03/11/06 JUA HRD; TOR; Mohamed Ziyad (also known as Ziyatte), human
rights activist and member of the National Council
of the Maldivian Democratic Party. On 30 October
2006, Mohamed Ziyad was arrested by eight
members of the riot police, an elite division of the
Maldivian Police Services, while he was sitting in
a café in Male. He has been detained on
allegations of threatening a driver” and is
currently being held in solitary confinement in
Dhoonidhoo Island Detention Centre. On 30
March 2006, Mr Ziyad was arrested prior to a
demonstration for women's rights. He was beaten
on this occasion by six or seven policemen in an
isolated room in police headquarters before he
was transferred to Dhoonidhoo Island Detention
Centre. His family inquired about the reason for
his arrest but they did not receive a reply. He was
released on 1 April 2006 without charqe. Mr
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Ziyad was arrested on 17 May 2006, and was
refused medical treatment for breathing
difficulties. He was reportedly brought to the
Criminal Court on 29 May 2006 in the absence of
his lawyer and family, who had not been informed
of the hearing, but he was then told that it had
been cancelled. He was detained in solitary
confinement in Dhoonidhoo Island Detention
Centre until 10 July 2006.
138.
27/11/06
JUA
WGAD;
HRD; TOR;
Mohamed Gasam, Deputy President of the Gaaf
Dhaal Constituency of the Maldivian Democratic
Party (MDP), Mohamed Nazim, Secretary of the
Executive Committee for the Gaaf Dhaal
Constituency of the MDP, Mohamed Saleem All,
President of the Gaaf Dhaal Constituency of the
MDP, resident in Narugis Villa on Thinadhoo
Island, Yamin Mohamed, member of the MDP,
resident in Abhareege, Thinadhoo, Mohamed
Waheed, member of the MDP, resident in
Skooner, Thinadhoo, Mohamed Niyaz, member
of the MDP, resident in Blue Fish, Thinadhoo,
Ahmed Hussal, member of the MDP, Mohamed
Niyaz (different from Mohamed Niyaz resident in
Blue Fish), member of the MDP, Kinaatath
Mohamed, member of the MDP, Ibrahim Areef,
member of the MDP, Ahmed Shaukat, member
of the MDP, Mohamed Falah, Vice-President of
the Male Constituency of the MDP, all currently in
detention at Dhoonidhoo Island Detention Centre,
Muththaqim Latheef, member of the MDP,
Abdul Majeed Shameem, MDP Cell President,
currently placed under house arrest, and
Shehenaz Abdulla, an active participant in the
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Free Jenny” campaign, also currently placed
under house arrest. Mohamed Niyaz
(E/CN.4/2005/62/Add.1, para. 906). On 1
November 2006, at approximately 12pm, about 70
members of the riot force police arrived by
speedboats at Thinadhoo Island in the Southern
Atoll of Gaaf Dhaal and proceeded to the office
building of the MOP. On their way, the riot police
apprehended Mohamed Gasam and forced him
to accompany them to the MOP office, where six
members of the MOP were working at this time.
The riot police did not produce any search or
arrest warrant when entering the office building
and ordered the persons concerned to leave the
office immediately, failing which they would be
arrested. The riot force searched the office and
confiscated banners, posters and other material.
Following these events, Mohamed Gasam was
taken directly from the MOP office to a holding cell
on Thinadhoo Island. On the same day, a group of
riot police approached Mohamed Nazim, while he
was working in his shop. He was asked to
accompany the riot police to the local police
station. Mohamed Gasam and Mohamed Nazim
were both held in solitary cells on Thinadhoo
Island and pepper spray was applied to their faces
while in detention there. They were both
transferred at an unknown date to the Ohoonidhoo
Island Oetention Centre. Mohamed Saleem All
and Mohamed Waheed were also arrested by riot
police on 1 November 2006 at their houses.
Yamin Mohamed handed himself over on the
same day to the riot police knowing that he was
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wanted by the police. Mohamed Niyaz was also
arrested this day. Before the arrests were made
island officials allegedly drove around the island
announcing that if any protection was provided to
these persons, it would be considered an offence.
It is reported that Mohamed Waheed and
Mohamed Saleem All were ill-treated upon their
arrests. Mohamed Waheed was hit in the face
causing it to swell up. Mohamed Saleem Ali's
hand was broken, and when he asked for
immediate medical attention it was initially denied.
He received medical assistance only on 2
November 2006 on Gaaf Alif Atoll Villingili Island.
On the same day, Yamin Mohamed was taken
out of his cell, handcuffed, dragged by the neck
and maltreated by riot police. Tear gas was also
used inside holding cells to control noise caused
by the detainees. Following a demonstration of
about 150 people, urging representatives of the
island office to ask the riot police to exercise
restraint, Ahmed Hussal, Mohamed Niyaz (to be
distinguished from the individual with the same
name, who was arrested on 1 November 2006),
Kinaanath Mohamed, Muththaqim Latheef,
Ibrahim Areef, and Ahmed Shaukat were
arrested on 3 November 2006. Further arrests of
MOP members and human rights activist Ms
Shehenaz Abdulla were carried out in Male,
probably also in connection with the
demonstration scheduled for 10 November 2006.
Mohamed Falah was apprehended on 30
October 2006, however no reason for the arrest
was provided to him. Abdul Majeed Shameem
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was arrested on 31 October 2006, without
indication of any grounds. Mohamed Saleem All,
Yamin Mohamed, Mohamed Waheed,
Mohamed Niyaz, Ahmed Hussal, Mohamed
Niyaz, Kinaatath Mohamed, Ibrahim Areef,
Ahmed Shaukat, and Mohamed Falah, have, in
the meantime, been transferred to the
Dhoonidhoo Island Detention Centre, where they
are currently being held. Abdul Majeed
Shameem and Ms Shehenaz Abdulla have
been placed under house arrest.
139.
Mauritania
04/08/06
JUA
WGAD;
HLTH;
TOR;
Uncertain nombre d'experts de l'lslam et de
dissidents politiques dans Ia prison civile de
Nwakshot: Mohamed Sidiya Ould Ajdoud,
Abdellah Ould Ahmed Ould Aminou, Mohamed
Mouhid Ould Mohamed Abdelhaq, Mohamed
Ould Ahmed Ould Sid Ahmed, dit Al Chaer,
Ahmed Ould El Kowri, Mohamed Mahfoud
Ould Ahmed, Mohamed Mahmoud Ould Salek,
Mohamed Al Amine Ould Hassen, Mohamed
Hassen Ould Mohamed Abderrahmane,
Mohamed Ould Abde lwadoud, Ahmed Ould
Mohamed Abdellah, Mohamed Al Amine Ould
Salek, Sidi Mohamed Ould Ahmed Vail, Ahmed
Ould Hine Ould Mouloud, Abderahmane Ould
El Ghouth, Sid Ould Abah Al Imam, Ismail
AIssa et Abdelmadjid Belbachir. Le 14
septembre 2005, le juge d'instruction aurait
decide que tous les detenus devaient étre
relaches jusqu'au procés. En depit de Ia
confirmation de cette decision en avril 2006,
personne n'aurait encore ete relache. Certaines
des personnes detenues souffriraient de
Par lettre datée du 27/10/06, le Gouvernement
a indique que toutes les personnes citées par
le Rapporteur special sont poursuivies pour
des faits constitutifs d'association de
malfaiteurs, de faux et usage de faux, de
commission d'actes non autorisés de nature a
exposer leur pays a des represailles. Ces
individus ont été déférés devant le Parquet de
Ia Republique prés du tribunal de Nouakchott
par Ia Police judiciaire entre le 9 mai et le 12
juillet 2005. Le Parquet a saisi le Juge
d'instruction du ler Cabinet afin d'instruire
l'affaire et de décerner mandat de depot contre
les inculpes. Au cours de l'instruction, et sur
demande de ceux-ci, une liberte provisoire leur
a ete accordee le 8 septembre 2005. Le
Ministére public a immediatement interjete
appel contre cette decision, pour motifs de
gravite des faits. La Cour d'appel a confirme Ia
decision du juge mais le Ministére public a
interjete un pourvoi en cassation contre Ia
decision de cette Juridiction. Entre-temps, et
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problemes de sante physique et mentale sérieux
et Ia situation dune jeune fille de 15 ans souffrant
dune maladie du c ur serait particulierement
preoccupante. Les prisonniers souffrant dune
maladie mettant leur vie en danger se seraient vu
refuser un traitement medical. Suite a l'évasion de
3 détenus le 26 avril 2006, tous les détenus
auraient été privés de nourriture pendant 48
heures a titre de punition collective, Ia privation de
nourriture étant par ailleurs utilisée comme
technique d'interrogation. Dans Ia prison, qui
serait infestée de moustiques, Ia privation de
moustiquaire représente une forme de punition
collective.
suite au changement de Gouvernement
intervenu le 3 aoOt 2005, un grand mouvement
a eu lieu au sein de Ia Magistrature. Ce
mouvement a touché tous les degrés de
juridiction, des tribunaux de premiere instance
jusqu'ä Ia Cour supreme. Finalement, Ia Cour
supreme a rendu une decision en juillet dernier
accordant Ia liberté provisoire a certains des
prévenus et renvoyant par Ia méme occasion
l'affaire devant Ia Cour criminelle. Celle-ci
examinera l'affaire dans un délai proche. Tous
les détenus sont traités avec humanité et leurs
droits sont pleinement respectés. Ils
bénéficieront d'un procesjuste et équilibré.
Pour ce qui est de l'allégation relative Ia
situation d'une jeune fille de 15 ans , il y a lieu
de préciser qu'aucune femme —quelque soit
son age- ne fait partie de ce Groupe.
140.
Mexico
04/04/06
JAL
IND; TOR;
HRD
Francisco Concepcion Gabino Quinones,
indigena nahuã, habitante de Cuzalapa, municipio
de Cuautitlãn (Jalisco). El Sr. Quinones fue
activista en las protesta contra las actividades
mineras de Ia Mina Pena Colorada y Ia reciente
parcelaciôn de tierras comunales en Ia zona. El
cadaver de Sr. Quinones habria sido encontrado
el pasado 11 de marzo. Se informa de que el
cuerpo habria sido encontrado amarrado,
degollado y con rastros de tortura. Se teme que Ia
muerte del Sr. Quinones pueda estar relacionada
con las acciones de protesta que Ilevaba a cabo
contra las actividades mineras de Ia mina de
Pena Colorada y contra Ia parcelaciôn de mãs de
7.000 hectãreas de tierras comunales que, desde
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hace 14 meses, se estã Ilevando a cabo en Ia
zona. Se teme igualmente que dichas acciones
tengan como objetivo adicional amedrentar y
silenciar a los opositores de ambos proyectos.
141.
26/07/06
JUA
WGAD;
Indigenous
People;
TOR;
Aureliano Alvarez Gómez y Tiburcio Goméz
Perez, ambos indigenas tsotsiles, reclusos al
interior de Ia Cãrcel de El Amate, en Cintalapa,
Chiapas. El 5 de mayo de 2006, Aureliano
Alvarez Gômez y Tiburcio Goméz Perez habrian
sido arrestados, sin que se les mostrara una
orden de aprehensiôn ni se les informara sobre el
motivo de su detenciôn. Ambos habrian sido
mantenidos en detenciôn bajo Ia figura legal del
Arraigo, figura que ha sido senalada como
inconstitucional por parte de Ia Suprema Corte de
Justicia de Ia Naciôn. Durante el arraigo Aureliano
habria sido maltratado y obligado a firmar una
declaraciôn autoinculpatoria. Aureliano Alvarez y
Tiburcio Goméz habrian sido finalmente
trasladados a Ia cãrcel de El Amate el dia 29 de
julio, luego de haber pasado 55 y 50 dias
respectivamente, sin que Ia autoridad ministerial
definiera su situaciôn juridica. El 5 de julio de
2006, Aureliano Alvarez y Tiburcio Gômez
habrian sido golpeados brutalmente por otros
internos, quienes, ademãs les habrian sumergido
en Ia fosa del drenaje, les habrian arrojado cloro
en todo el cuerpo provocãndoles quemaduras y
les habrian robado su dinero y pertenencias,
puesto que se habrian negado a pagar 250,000
pesos que les habrian exigido para no golpearlos,
permitirles hablar con Ia familia y darles un
espacio para dormir. El 13 de julio de 2006,
Por carta con fecha 13/09/06, el Gobierno
informô de que el 5 de mayo de 2006,
elementos de Ia Agenda Estatal de
investigaciôn adscritos a Ia FG-Chis,
detuvieron a Aureliano Alvarez Gômez por su
probable responsabilidad en Ia comisiôn de los
delitos de privaciôn ilegal de Ia libertad, en su
modalidad de plagio o secuestro y
delincuencia organizada. Conforme a lo
previsto en el ordenamiento legal interno, se
procediô a solicitar Ia intervenciôn de un perito
medico legista, para que dictaminara su
integridad fisica. El perito concluyô que
presentaba huellas de lesiones antiguas y que
se encontraba integro anatômicamente. El 7
de mayo de 2006, le fue decretada Ia
ampliaciôn del término legal de Ia retenciôn de
48 a 96 horas. El 8 de mayo del 2006, el
Ministerio PUblico adscrito a Ia FG-Chis solicitô
y obtuvo del Juez Segundo del Ramo Penal
del Estado de Chiapas, orden de arraigo por el
término de 30 dias en contra de Aureliano
Alvarez Gômez, término que fue ampliado por
30 dias mãs.
El 10 de mayo de 2006, elementos de Ia
Agencia Estatal de investigaciôn adscritos a Ia
FG-Chis, detuvieron a Tiburcio Goméz Perez,
alias “El Tiburôn”, por su probable
responsabilidad en Ia comisiôn de los delitos
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Aureliano Alvarez y Tiburcio Gômez habrian sido
de privaciôn ilegal de Ia libertad, en su
nuevamente golpeados por otros reclusos,
modalidad de plagio 0 secuestro y
presuntamente bajo las ôrdenes de Armando
delincuencia organizada. el Doctor Jorge
Fabricio Maldonado, Director del Centro de
Antonio Lopez le practicô un examen medico
Readaptaciôn Social (CERESO) nUrnero 14, El
al detenido, y concluyô que no presentaba
Amate. En esta ocasiôn, Aureliano Alvarez y
huellas de lesiones recientes visibles. Sobre
Tiburcio Gômez habrian sido golpeados
los hechos ocurridos el 5 y 13 de julio de 2006,
reiteradamente en el pecho, asfixiados con bolsas
el Gobierno de Mexico desea aclarar que tales
y sumergidos en agua fria por un grupo de
eventos no ocurrieron. Las autoridades del
reclusos conocido como los precisos”, entre
centro de reclusion iniciaron una investigaciOn
ellos, Filadelfo Gonzalez, alias “El Cochero” y
despues de ser informados de los hechos. Se
Andrés Balcacer, alias “El cachorro”. Debido a los
preguntO directamente a Aureliano Alvarez
golpes recibidos, Aureliano Alvarez y Tiburcio
GOmez y a Tiburcio GOmez Perez, quienes
GOmez habrian tenido que pasar Ia noche en Ia
confirmaron que las denuncias no eran ciertas.
enfermeria y luego habrian sido trasladados
Para corroborar lo anterior, se les practicaron
transitoriamente a un area especial que Ilaman
exãmenes medicos y se determinO que ambos
de “72 horas”. Sin embargo, los “precisos”
se encontraban en buen estado de salud. Asi
habrian continuado amenazãndoles afirmando
mismo, las autoridades del centro de reclusiOn
que cuando Aureliano Alvarez y Tiburcio GOmez
investigaron si Aureliano Alvarez GOmez y a
regresaran el 16 de julio al modulo verde de
Tiburcio GOmez Perez habian sido objeto de
poblaciOn general, serian nuevamente golpeados.
extorsiOn por parte de otros reclusos, lo cual
Al conocer los abusos cometidos en contra de
resultO igualmente falso. Aunado a todo lo
Aureliano Alvarez y Tiburcio GOmez, “La voz del
anterior, Ia Secretaria General del Estado de
Amate”, organizaciOn de presos politicos al
Chiapas, por medio del Comisionado para Ia
interior del penal, habria decidido darles
ReconciliaciOn de Comunidades en Conflicto,
protecciOn denunciando los ataques de los que
realizO acciones para confirmar el hecho,
son objeto los dos reclusos. Lo anterior habria
solicitando al Director del centro de reclusiOn
puesto también en riesgo a esta organizaciOn y
Ia elaboraciOn de un nuevo examen medico y
actualmente sus miembros estarian siendo
psicolOgico. Estos certificados constataron que
amenazados con ser castigados o dispersados en
se encontraban en buen estado de salud. A fin
otros centros de reclusiOn. SegUn Ia informaciOn
de comprobar todo lo anterior, se anexan
recibida, el Sr. Maldonado se encontraria
copias de Ia valoraciOn médica del 30 de junio
promoviendo entre los reclusos una recolecciOn
de 2006, suscrita por el Dr. Nefi Ramos
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de firmas, para que los miembros de “La Voz del
Amate” sean reubicados por considerarlos
“reclusos agitadores”.
Laguna, valoraciôn médica dell 1 de julio de
2006, suscrita por el Dr. Jocsan Ferra
Ordonez, yvaloraciôn psicolôgica del 12 de
Julio de 2006, suscrita por Ia psicôloga Nora
Guadalupe Cruz Nataren, todos adscritos al
centro de reclusion.
142.
12/09/06
JAL
SUMX;
TOR;
JesUs Hernández Perez, indigenatsotsil. El 22
de julio de 2006, a lrededor de las 8:50 pm, el Sr.
Hernãndez Perez habria fallecido en el Centro de
ReadaptaciOn Social (CERESO) N.° 14, en el
municipio de Cintalapa (Chiapas). De acuerdo a
nuestras fuentes, el subdirector del Centro habria
dicho a Ia esposa del Sr. Hernandez, Ia Sra. Elena
Lopez Perez, que su esposo habia fallecido
debido a “una comida que le habia caido mal”. El
cadaver del Sr. Hernandez habria sido entregado
a su esposa el 23 de julio de 2006. SegUn Ia
informaciOn recibida, Ia Sra. Elena Lopez Perez
habria observado que tenia un “moretôn” en Ia
boca y “rasguños” en Ia cara. Por otro lado, el
acta de defunciôn entregada a Ia viuda senalaria
que fue un tipo de defunciOn: “violenta”, lo cual
hace temer a los familiares del Sr. JesUs
Hernãndez Perez, que su muerte haya sido Ia
consecuencia de malos tratos y/o actos de tortura
perpetrados dentro del Penal.
143.
12/09/06
JAL
SUMX;
TOR;
José Jiménez Colmenares, Lorenzo San Pablo
Cervantes, Ramiro Aragon Perez, Elionai
Santiago Sanchez, Juan Gabriel Rios y Renato
Cruz Morales. El 10 de agosto de 2006 el Sr.
José Jiménez Colmenares habria fallecido y
varias personas habrian resultado heridas, luego
de gue presuntos policias dispararan en varias
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ocasiones contra Ia multitud que participaba en
una marcha pacifica en el Estado de Oaxaca. De
manera similar, el 22 de agosto, el Sr. Lorenzo
San Pablo Cervantes habria muerto debido a un
disparo en Ia espalda, despues de que presuntos
miembros de las fuerzas de seguridad abrieran
fuego contra unos manifestantes que se
encontraban en Ia radiodifusora la Ley 710”.
Las fuerzas de seguridad también habrian sido
responsables de malos tratos y torturas infligidas
a ciudadanos en Oaxaca. El 10 de agosto, el
biôlogo Ramiro Aragôn Perez y los Sres. Elionai
Santiago Sanchez y Juan Gabriel Rios, habrian
sido detenidos y golpeados por presuntos agentes
ministeriales que viajaban en vehiculos sin placas.
SegUn Ia informaciôn recibida, los agresores casi
estrangularon al Sr. Sanchez y lo golpearon en el
abdomen, las costillas y Ia cara. Posteriormente,
los tres hombres habrian sido entregados a Ia
Procuraduria del estado de Oaxaca, quien los
acusô de posesiôn ilegal de armas de fuego. El 12
de agosto, el Sr. Sanchez y el Sr. Rios quedaron
en libertad bajo fianza, pero el Sr. Ramiro Aragôn
Perez continua detenido en Ia prisiôn de Zimatlãn
de Alvarez y se teme que pueda ser sometido a
torturas o malos tratos. Los tres hombres afirman
que los cargos en su contra son falsos. El 17 de
agosto, habria sido detenido el Sr. Renato Cruz
Morales, lider de Ia Central Campesina
Cardenista en su oficina ubicada en Ia ciudad de
Tuxtepec. El Sr. Cruz habria sido trasladado a
Veracruz, donde se le habria torturado y
posteriormente se le habria amenazado para que
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no denunciara lo sucedido. Tanto Ia Procuraduria
General de Ia RepUblica como Ia Procuraduria
General del Estado dicen desconocer los hechos.
Sin embargo, testigos habrian señalado que el Sr.
Cruz fue detenido por policias ministeriales.
Habria sido dejado en libertad gracias a Ia
intervenciôn de un Diputado Federal y de varias
organizaciones.
144.
09/10/06
JAL
FRDX;
TOR;
Un grupo de personas que protestaban en
contra del Gobernador del estado de Oaxaca. El
24 de septiembre de 2006, un grupo de miembros
de Ia Asamblea Popular de los Pueblos de
Oaxaca (APPO) organizaron una manifestaciôn
fuera del hotel Camino Real, para protestar en
contra del Sr. Ulises Ruiz Ortiz, actual
Gobernador de Oaxaca. Los manifestantes
habrian sido atacados con tubos, palos y armas
de fuego por un grupo de aproximadamente 30
personas, encabezado por Aristeo Lopez
Martinez, Director de Ia Policia Municipal. Se
alega que miembros de Ia policia municipal y
ministerial vestidos de civil formaban parte del
grupo de atacantes. Durante el incidente, una
persona habria recibido un disparo en el codo
izquierdo. Los Señores Juan Martinez Herrera y
Martin Ortiz Gonzalez fueron golpeados en Ia
espalda y las costillas con tubos de metal, y Ia
Sra. Margarita Chavez Diaz fue golpeada con un
palo en el pãrpado izquierdo. Se alega que los
disparos en contra de los manifestantes fueron
realizados con armas de un calibre de 38 y 9 mm,
de las cuales se recogieron mãs de 30 casquillos
en el luqar de los hechos. SeqUn Ia informaciôn
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recibida, los diputados federales Humberto Lopez
Lena y José Luis Aguilar Rico, quienes se
encontraban en Ia Ciudad para entrevistarse con
los diferentes actores del conflicto, presenciaron
estos hechos.
145.
30/10/06
JAL
SUMEX;
TOR;
Alejandro Garcia Hernández y Pedro Garcia
Garcia. El 14 de octubre de 2006, varios
desconocidos dispararon contra un grupo de
simpatizantes de Ia Asamblea Popular del Pueblo
de Oaxaca (APPO) que se encontraban
protestando. El Sr. Alejandro Garcia Hernãndez
muriô como consecuencia de los disparos y otras
dos personas resultaron heridas. SegUn nuestras
fuentes, uno de los desconocidos que disparô
contra los manifestantes perdiô su billetera en Ia
huida, incidente que habria permitido identificarlo
como miembro del ejército. Por otro lado, el 8 de
octubre, el estudiante Pedro Garcia Garcia habria
quedado en libertad bajo fianza después de
permanecer una semana detenido en una prisiôn
de T lacolula, estado de Oaxaca. Mientras se
encontraba detenido, el Sr. Pedro Garcia Garcia
habria sido golpeado en repetidas ocasiones y
amenazado de violaciôn. Al Sr. Garcia se le
detuvo por robo y porte de arma, pero este Ultimo
cargo fue posteriormente retirado. Se alega que
los cargos en contra del Sr. Garcia son falsos y
se sospecha que pueden habérsele imputado por
motivos politicos.
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146.
30/11/06
JAL
TOR;
VAW;
Un grupo de personas pertenencientes al
movimiento social “Frente de Pueblos en
Defensa de Ia Tierra”. El 3 y 4 do mayo do 2006
hubo onfrontamiontos ontro fuorzas do soguridad
y habitantos do los Municipios do Toxcoco y San
Salvador Atonco, Estado do Mexico, quo
mantuvioron bloquoada Ia carrotora Lochoria-
Toxcoco. Estos ovontos tuvioron como
antocodonto un conflicto politico ontro las
autoridados municipalos y grupos do vondodoros
o individuos portonociontos al movimionto social
arriba moncionado. Duranto las protostas, varios
manifostantos so onfrontaron do forma violonta a
los cuorpos policialos dol Estado do Mexico. Los
agontos do Ia Policia Fodoral Provontiva y Ia
Agoncia do Soguridad Estatal roaccionaron
haciondo un uso do Ia fuorza aparontomonto
oxcosivo. SogUn informos, unos policias
caminaron sobro porsonas quo ostaban
acostadas y osposadas. Dos porsonas, ontro
ollos un monor do 14 años, fallocioron a
consocuoncia do los disturbios sin quo hasta Ia
focha so hayan osc larocido las circunstancias do
las muortos. Las fuorzas do soguridad dotuvioron
a 211 porsonas, incluidas 47 mujoros. Las
mujoros tonian ontro 18 y 40 años. Duranto su
dotonciôn fuoron objoto do divorsas modalidados
do violoncia soxual, fisica y/o vorbal. Al monos 23
do ollas roportaron agrosionos soxualos, tabs
como pollizcos y mordidas on los sonos, violaciôn
por via vaginal y anal con dodos y otros objotos y
violaciôn por via oral. Los policias también
ojorcioron violoncia soxual al amonazar
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verbalmente con Ia violaciôn y al utilizar un
lenguaje altamente discriminatorio relativo a Ia
condiciôn sexual de las mujeres detenidas. A
algunas mujeres les quitaron Ia ropa
violentamente. En contravenciôn a lo dispuesto
en los articulos 129 y 130 del Côdigo de
Procedimientos Penales del Estado de Mexico, el
personal del Centro Preventivo y de
Readaptaciôn Social Santiaguito de Almoloya de
Juãrez, Estado de Mexico, no preservô las
evidencias que las secuelas de las lesiones y
abusos ocasionados por los policias dejaron en Ia
Ia ropa de las mujeres agraviadas. A Ia Ilegada de
las mujeres agraviadas al Centro, empleados del
Centro quitaron algunas prendas de vestir a unas
mujeres y a otras las obligaron a lavarlas. Aunque
las mujeres solicitaron desde un primer momento
poner en conocimiento de las autoridades sus
denuncias, no las registraron hasta Ia Ilegada de
Ia Fiscalia Especializada de Delitos Violentos
contra las Mujeres el 12 de mayo de 2006. Hasta
Ia fecha del 4 de noviembre de 2006, 23 agentes
de Ia Agencia de Seguridad Estatal fueron
consignados por el delito de abuso de autoridad
por Ia Fiscalia Estatal. Solamente un agente
policial de Ia referida Agencia Estatal fue
consignado por actos libidinosos. NingUn agente
fue consignado por el delito de violaciôn o abuso
sexual. La Fiscalia Federal Especial para Delitos
Violentos contra Mujeres, que también tiene
competencia de investigar el caso, todavia no ha
formulado acusaciôn contra ningUn agente.
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147.
Morocco
13/04/06
JUA
WGAD;
TOR; HRD
Brahim Dahane, membre de l'association
Sahraoui pour les victimes de graves violations
des droits de l'homme commises par l'Etat
marocain, Hammud Iguilid, président de Ia
section locale de l'Association marocaine pour les
droits de l'homme a Läyyoune, Djimi el Ghalia,
vice présidente de l'association Sahraoui pour les
Victimes de graves violatipns des droits de
l'homme commises par l'Etat du Maroc, et Dah
Mustafa Dafa. Le 18 mars 2006, Hammud Iguilid
aurait été arrété par des membres des forces de
sécurité marocaines dans le centre de Läyyoune.
Selon les informations reçues, les membres des
forces de sécurité l'auraient force a entrer dans un
mini van en le battant. II aurait été amené a un
poste de police du voisinage. II est allégué que
durant sa detention il aurait été menace
d'emprisonnement. Le 24 mars 2006, Djimi el
Ghalia et Dah Mustafa Dafa auraient été arrétés
et détenus par les forces de sécurité marocaines
alors qu'ils rendaient visite a Ia mere dun
prisonnier. Ils auraient été amenés au poste de
police de Läyyoune oO ils auraient passé Ia nuit.
Pendant leur detention, ils auraient été interrogés
sur leurs positions concernant Ia visite du roi
Mohammed VI dans Ia région.Le 4 avril 2006, le
procés de Brahim Dahane aurait été renvoyé au
25 avril 2006. Pendant son transfert de Ia prison a
Ia cour, il aurait été soumis a Ia torture et battu par
des agents de police. Le 6 avril 2006, il aurait
envoyé une lettre au Ministére de Ia justice
demandant l'ouverture d'une enquéte sur ces
supposes mauvais traitements.
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148.
29/06/06
JUA
FRDX;
HRD;
TOR;
Brahim Sabbar, secrétaire general de
l'Association sahraouie des victimes des
violations graves des droits de l'Homme
commises par l'Etat du Maroc au Sahara
occidental (ASVDH), Ahmed Sbai, membre du
Conseil de coordination de I'ASVDH et du Comité
pour Ia protection des detenus de Ia Prison noire,
Sidi Mohamed Mahmoud Kainnan Haddi, M.
Saleh Haddi, et Yadhih Laaroussi, des
sympathisants de l'association. Le 17 juin 2006
vers 15h30, alors qu'ils revenaient de Boujdour oO
ils avaient supervise Ia creation d'une section de
I'ASVDH, que les autorites marocaines
refuseraient de reconnaItre legalement, Brahim
Sabbar, Ahmed Sbai, Sidi Mohamed Mahmoud
Kainnan Haddi et son frére, Saleh Haddi, et
Yadhih Laaroussi auraient ete arretes et agresses
a l'entree de Ia ville de Laäyoune, a un barrage de
police. Des membres des Groupes urbains de
securite (GUS) les auraient forces a sortir de leur
vehicule, les auraient insultes et frappes sur les
jambes, tétes, genoux et dos. Brahim Sabbar et
Ahmed Sbai auraient ensuite ete tout d'abord
conduits au commissariat Hay Almatar oO ils
auraient ete frappes jusqu'a 3 h, puis a Ia wilaya
de securite de Laäyoune, oO ils auraient passe le
reste de Ia nuit. Le lendemain, ils auraient ete
interroges par Ia police judiciaire et emmenes de
force a Ia Prison noire de Laäyoune, oO ils
auraient une nouvelle fois subi de mauvais
traitements. Ahmed Sbai aurait dO étre hospitalise
a l'hopital Hassan Bel Mehdi de Laäyoune aprés
avoir perdu connaissance, en raison d'une
Par une lettre datée du 17 décembre 06, le
Gouvernement a repondu que le 17 juin 2006,
a un barrage routier érigé a l'entrée de Ia ville
de Laäyoune, un groupe de fonctionnaires de
police a arrété les dénommés Ahmad al-Siba'i,
Ibrahim al-Sabar, Sidi Mohammed Houday et
Sidi Ahmad Mahmoud Houday qui circulaient
en voiture a une vitesse excessive; ils avaient
refuse de se conformer au signal d'arrét
obligatoire. Ahmad al-Siba'i a tente de forcer le
barrage et aurait renverse deux policiers s'ils
n'avaient pas fait un bond sur le cote de Ia
route pour eviter le vehicule. Apres leur
arrestation, les personnes susmentionnees ont
fait l'objet des mesures decrites ci-aprés:
Ahmad al-Siba'i a ete emmene directement au
Departement de police provincial, car il faisait
l'objet de deux avis de recherche pour creation
d'une bande criminelle, agression armee,
sedition et dommages causes a des biens
publics. Ahmad al-Siba'i a ete place en
detention provisoire le 17 juin 2006 et presente
au parquet le 19 juin 2006. II a ete ensuite
defere devant un juge d'instruction. Le 21 juin
2006, aprés sa comparution devant le juge
d'instruction, il a demande un examen medical,
qui a ete effectue le 13 septembre 2006.
Aucun signe de violence physique n'a ete
constate. II convient de noter que ni Ahmad al-
Siba'i ni son avocat n'ont depose de plainte
pour agression. Ibrahim al-Sabar a ete conduit
au commissariat de police provincial parce qu'il
faisait l'objet de deux avis de recherche pour
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maladie cardiaque chronique et a des blessures
creation de bande criminelle, agression armée,
graves infligees lors de sa detention. Brahim
agression sur Ia personne de fonctionnaires
Sabbar aurait été transféré a un endroit en dehors
publics, sedition et dommages causes aux
du village et frappe. Le 19 juin 2006, Brahim
biens de l'Etat. II a été place en detention
Sabbar et Ahmed Sbai aurait été inculpés des
provisoire le 17 septembre 2006 et présenté
chef d'accusation d' association de malfaiteurs
au parquet le 19 septembre 2006. II a été
(articles 293 et 294 du code penal), incitation a
inculpé pour avoir insulté et agressé des
Ia violence (article 304), destruction de biens
fonctionnaires publics dans l'exercice de leurs
publics et mise d'obstacles sur Ia voie publique
fonctions. II a été condamné a deux ans
(articles 587 et 591), afteinte au fonctionnaire
d'emprisonnement eta 2 000 dirhams
d'Etat (article 267), participation des
d'amende. Cette decision a été confirmée en
groupements armés et adhesion une
appel et il n'a adressé aucune plainte au
association non autorisée . Leur procés aura lieu
parquet ou au juge d'instruction. Ni lui ni son
le 26 juin 2006. De sérieuses craintes ont été
avocat n'ont demandé un examen medical.
exprimées que ces arrestations et poursuites ne
Sidi Mohammed Houday a été placée en
soient liées a leurs activités de défenseurs des
detention provisoire le 17 juin 2006 et
droits de l'homme. Ces événements interviennent
présentée au parquet le l9juin 2006. II a été
aprés que M. Sabbar a déjà été arrété et détenu
jugé, reconnu coupable et condamné a trois
pendant plusieurs heures le 4juin 2006, avant
ans d'emprisonnement eta 2000 dirhams
d'être libéré sans qu'aucune charge n'ait été
d'amende. Cette decision a été confirmée en
retenue a son encontre. Cette arrestation faisait
appel. II a déposé une plainte auprés du
suite a Ia publication d'un entretien accordé a
parquet, qui a été enregistrée sous le n° 64/06
l'hebdomadaire AIb/daou/, dans lequel il appelait a
et transmise a Ia police pour enquête.
ju er les responsables d'exactions commises par
Les allegations figurant dans Ia lettre sont
l'Etat marocain au Sahara occidental, et a
dénuées de tout fondement et les mesures
l'organisation d'un référendum
prises contre ces personnes n'ont aucun lien
d'autodétermination pour cette region.
avec un role joué dans une association des
droits de l'homme ou un syndicat.
La legislation marocaine érige en infraction les
actes de violence et de torture même si elle ne
définit pas ces concepts avec precision. II est
ainsi contraire a Ia loi de se livrer a tout acte
attentatoire a Ia liberté d'une personne, a son
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integrite physique ou a sa dignite et ii existe
plusieurs lois et mesures pour prévenir de
telles infractions. Par exemple le Code penal
dispose, entre autres, ce qui suit Tout
magistrat, tout fonctionnaire public, tout agent
ou préposé de l'autorité ou de Ia force publique
qui ordonne ou fait quelque acte arbitraire
attentatoire soit a Ia liberté individuelle, soit
aux droits civils d'un ou plusieurs citoyens est
puni de Ia degradation civile. L'article 225 du
Code penal prevoit une peine de decheance
des droits civils pour de tels actes et le
coupable est aussi passible de Ia peine prevue
au paragraphe 3 de l'article 436 du Code, a
savoir 20 a 30 ans de reclusion, s'il exerce une
autorite publique ou s'il est une des personnes
visees a l'article 225 du Code et si l'acte
arbitraire ou attentatoire a Ia liberté individuelle
a ete commis ou ordonne pour satisfaire un
interet ou des desirs personnels.
Etant determine renforcer et a promouvoir
les droits et les libertés, a modifier ces lois
internes pour les mettre en conformite avec les
instruments internationaux auxquels il est
partie eta consolider les mecanismes
institutionnels charges de surveiller le respect
des droits de l'homme, le Maroc a adhere a
tous les instruments internationaux relatifs aux
droits de l'homme pertinents, notamment Ia
Convention contre Ia torture et les peines ou
traitements cruels, inhumains ou degradants,
qu'il a ratifiee le 21 novembre 1996. En vue
d'aligner Ia legislation interne sur Ia
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Convention, Ia loi contre Ia torture (loi no
43.04) contient une definition de Ia torture qui
est en accord avec celle qui figure dans Ia
Convention, identifie les victimes et fixe les
peines encourues pour les actes de torture.
Parmi les circonstances aggravantes prévues
dans Ia loi figure le fait que l'infraction est
commise contre un juge ou un membre de Ia
force publique ou un fonctionnaire public dans
l'exercice de ses fonctions ou un témoin, une
victime ou un plaignant soit pour punir une
personne qui a fait une declaration ou depose
une plainte en vue de l'ouverture dune
procedure judiciaire ou pour empecher une
personne de prendre une telle mesure .
149. Follow- Lmbarki Hamdi (E/CN.4/2006/6/Add.1, par. 156). By letter dated 30/03/06, the Government
up to reported that on 30 October 2005, the city of
past Laäyoune was the scene of disturbances in
cases which approximately 150 individuals
participated. They hurled stones at passers-by
in Mecca Street, causing damage to two police
vehicles and alarming people. The individual
named Hamdi Lmbarki was seriously injured;
he was taken to a hospital for treatment, but he
died. The Office of the Public Prosecutor
ordered an autopsy on the body of the
deceased. The autopsy was performed by
three doctors at the Moulay Hassan Ben El-
Mehdi Hospital, and their conclusion was that
death had resulted from injuries to the skull.
The father of the deceased laid a complaint
with the Office of the King's Prosecutor at the
Laäyoune Court of Appeal, requestinq an
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investigation into the circumstances in which
his son had died. The case was referred to the
National Division of the Judicial Police for
investigation of the incident and action to bring
to justice those who had been responsible for
the death. In addition, the Office of the Public
Prosecutor ordered a second autopsy to
determine the injuries sustained and identify
the causes of the death. This autopsy was
conducted by specialists at the lbn Rushd
University Hospital in Casablanca. The family
of the deceased was informed of all measures
taken in the case. On the basis of the findings
of the investigation, it was decided that the two
police officers who had been involved in the
case should be brought before the examining
magistrate on a charge of having inflicted
injuries with a weapon and thereby
unintentionally caused death while acting in
their capacity as public employees. After
questioning the two officers, the examining
magistrate sentenced them to prison.
150.
Mozambique
02/02/06
JUA
WGAD;
HLTH;
TOR;
Shabang Maulid Abdul, Maringo Makuku, and
Ganyua Muimure, all of them currently at Maputo
B.O. Prison. They have been held without charges
since September or October 2000. Conditions in
Maputo B.O. Prison are very severe. The reports
allege that inmates do not have access to sanitary
facilities or running water, that they do not have
sleeping mats or mattresses and that they receive
only one meal per day consisting of dirty boiled
beans and rice. Mr Makuku contracted malaria
which is endemic. However, he apparently
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received medical treatment only when he fell into
coma. The medication administered had expired
more than two years earlier. He is still suffering
from serious health problems (in particular heart
and abdominal pains). During the initial period of
imprisonment, inmates are chained 24 hours a
day from neck to waist, and from waist to ankles.
Moreover, according to the information received,
prison guards routinely assault (both physically
and verbally), shoot and kill inmates in the prison
yard.
Ko Aung San Myat, Ko Thiha Tun and Ko Han
Win Aung. On 2 January 2006 they were beaten
by several prisoners in Insein Prison. The incident
occurred following the transfer of the prisoners
from their cells to another wing. All three prisoners
were beaten in the presence of several prison
officials. Ko Aung San Myat who had been
subjected to similar beatings on 18 December
2005, received facial injuries. Ko Thiha Tun and
Ko Han Win Aung were also physically injured. To
date, no action has been taken by the prison
authorities in reprimanding those who carried out
the beatings or those officials who reportedly
stood by as the incident took place. The treatment
and conditions of detention of political prisoners in
Myanmar are a cause of deep concern. Since
1988, 90 political prisoners have died while in
detention. Since May 2005 alone, the deaths of
four political prisoners were reported to the
Special Rapporteur on the situation of human
rights in Myanmar They were caused as a
consequence of torture, ill-treatment or lack of
By letter dated 07/07/06, the Government
reported that it was found that there was
neither torture nor ill-treatment against them in
the prison. Thiha Tun had a fight with another
prisoner named Soe Them Ye Thiha on 22 July
2005. This was a violation of the prison's rules
and he was then denied visits on two
occasions as punishment. On 29 April 2005,
Han Win Aung conducted a hunger strike as
he was not satisfied with his transfer from ward
4 to ward 5 and he wanted to move to another
cell. He also conducted some activities which
violated the prison's rules and was accordingly
denied visits for two weeks. Moreover, he was
put in a special cell for two weeks as
punishment. Regarding the deaths of 90
prisoners since 1988, it was found that they
died as a result of previous illnesses such as
heart disease, hypertension, liver, lungs and
tuberculosis and HIV. However, they had
received proper medical treatments in prison
151.
Myanmar
30/01/06
JAL
Myanmar;
TOR;
hospitals as well as local hospitals.
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medical attention. No independent investigations
are known to have been conducted into these
untimely deaths.
152.
09/03/06
JUA
WGAD;
Myanmar;
TOR;
Ko Po Zaw, rice trader, Ms Ma Aye Myint Ma,
rice trader, Maung Maung Oo, aged 40, Chit
Them Tun, aged 42, Ms Ma Hnin Hnin, aged 24,
and Ms Ei Po Po, aged 4. Maung Maung Do and
Chit Them Tun are refugees originating from
Myanmar who work for the Indian-based Burmese
Solidarity Drganization (BSD), which works with
refugees from Myanmar in India. Dn 14 or 15
January 2006, Maung Maung Do and Chit Them
Tun were abducted from Maung Maung Do's
home, in the town of Moreh in Manipur, India. The
abduction took place at about 1030pm and was
carried out by approximately 25 unidentified
armed men, who were dressed in black and spoke
Burmese and the local Manipuri language. The
men took Maung Maung Do and Chit Them Tun
across the border into Myanmar. When Maung
Maung Do and Chit Them Tun tried to escape,
they were severely beaten with firewood, and Chit
Them Tun received head injuries. They are
thought to have been handed to the Myanmar
army and are under interrogation in Burmese
military custody, either in Yangon or Tamu,
Sagaing Division. Dn 16 January 2006, Chit Them
Tun's wife, Ma Hnin Hnin and their daughter Ei Po
Po were detained by the security forces in Yan
Lem Phai Village, Sagaing Division in Myanmar.
They both live with Chit Them Tun in India, but
By letter dated 7/07/06, the Government
reported that while they were in Monywa
Prison, the medical doctor from the local clinic
and her team visited them to examine their
health condition and provided the necessary
treatment. During that time, Ma Aye Myint Mar
was found to be 9 months pregnant and, upon
the recommendation of the doctor, she was
sent to Monywa General Hospital to receive
proper care. She delivered a baby boy on 3
April 2006. Her baby was seen and examined
by the paediatrician and mother and son are
healthy. While they are in the prison they are
well treated and there is no torture against
them. Besides they are also allowed to receive
visitors and lawyers. The prisoners are well
and healthy.
A/HRC/4/33/Add. 1
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were visiting relatives in Myanmar at the time. In
mid-February, Ei Po Po was released and Ma
Hnin Hnin was moved to a prison in Monywa,
Sagaing Division. The Myanmar Minister for
Information stated on 22 February 2006 that Chit
Them Tun and Maung Maung Do had been
arrested in connection with two bombs detonated
at a market in Tamu on 8 January 2006. He said
that Maung Maung Do had confessed to being
involved in the bombings and that he and Chit
Them Tun were members of the outlawed All
Burma Students Democratic Front (ABSDF). He
did not specify which side of the border they had
been arrested on. Dn 15 January 2006, Ko Po
Zaw and his wife Ma Aye Myint Ma were also
arrested in Tamu, Sagaing Division, in what are
thought to be arrests related to the bombings.
They are being held in Monywa Prison. Ma Aye
Myint Ma is in the late stages of pregnancy. There
are concerns that all the detainees could be at risk
of torture and ill-treatment.
153.
06/10/06
JUA
WGAD;
FRDX;
Myanmar;
TDR;
M m Zeya, aged 46, Pyone Cho, aged 41, Mymnt
Aye, aged 55, former chairman of National
League for Democracy, political party in
Kyeemyingdaing township, Paw Oo Tun (also
known as Mm Ko Naing), Ko Ko Gym, aged 44,
and Htay Kywe, aged 41. Between 27 and 30
September 2006, in the early hours, they were
arrested at their homes in Yangon by the police
and taken to an unknown location. It is reported
that when they were previously arrested, they
were subjected to kicking, prolonged solitary
confinement, sleep deprivation, and food and
By letter dated 08/12/2006 the Government
reported that these persons committed a
number of crimes, including providing distorted
information to foreign news agencies, having
contacts with terrorist organisations and
participating in the so-called Plot of the People
Battle Committee that aimed at creating unrest
in the country in 2006.
AIHRC/4/33/Add. 1
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water deprivation, and beaten until they were
unconscious.
154.
Nepal
06/02/06
JAL
TOR;
VAW;
Police harassment and beatings of persons who
are men by birth but identify as women (known as
met/s in Nepal). Early in the morning on 7
December 2005, police from the Shore Khutte
Station raided a hotel in the Thamel District of
Kathmandu. The raid was a retaliatory measure
against the hotel for refusing to provide a room
free of charge to four policemen where they
intended to have sexual relations with two met/s.
During the raid, eleven met/s were arrested. Eight
were held without charge for five days, before
they were released. The other three were
detained for six days. On 27 December 2005, a
met/named S. was detained in Shore Khutte
Police Station. She was not promptly informed of
the reasons for her arrest and detention, was not
given access to a lawyer and also did not have
adequate access to a toilet. On 28 December
2005 at about 1:30 am, police arrested another
met/called S. and took her to Shore Khutte Police
Station. Police at the station verbally abused her
and commanded her to strip. When she refused,
they stripped her forcibly of her clothes and
touched her genitals while mocking her They also
threatened to cut her hair off as punishment for
wearing women's clothes. She was released the
next day On 31 December 2005 at about 11 pm,
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police from Shore Khutte Police Station detained a
met! in the Thamel District. One policeman beat
her with a bamboo baton calling her derogatory
names. She escaped, but her right hand is
reportedly swollen and badly bruised. On 3
January 2005 at about 10 pm, three met/s were
walking in the Thamel District, when four police
from Durbar Marg Police Station saw them and
shouted: Met/s! Kill them!” One meti was beaten
with a baton on her back; one policeman pulled
his gun and pointed it at her, threatening that
These h iras [ local Nepali term for transgender
persons] pollute the society and must be cleaned
out.” The other two met/s were also severely
beaten. All three had bruises on various parts of
their bodies .
155. 28/03/06 JUA WGAD; Horn Bahadur Bagale (subject of previously
TOR; IJL transmitted communications,
E/CN.4/2004/56/Add.1, para. 1139, and
E/CN.4/2005/62/Add.1, para. 1023). On 20 March
2006, Officer Bagale was taken to Police
Headquarters in Naxal, Kathmandu, where he
was threatened with dismissal unless he withdrew
two complaints he had lodged in court against his
superiors. On 21 March, Hom Bahadur Bagale
was subjected to ill-treatment at Police
Headquarters in Naxal, Maharajgunj, Kathmandu.
He managed to escape and took a taxi to the
offices of daily newspaper publisher Kantipur
Publications, where he described how police had
beaten him, shaved the top of his head to
humiliate and degrade him, and dragged him
throuqh puddles of dirty water in his uniform.
AIHRC/4/33/Add. 1
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Before Kantipur staff could give any help, police
officers arrived from the nearby Naya Baneshwor
Ward Police Office and took him away in a police
van. On 21 March, he was arrested by Nepal
Police and detained at Hanuman Dhoka District
police office (DPO), where he was held
incommunicado. The Deputy Superintendent told
lawyers that no access to Hom Bahadur Bagale
was permitted until the Nepal Police completed
their investigation. Lawyers, relatives and human
rights activists tried to visit him in custody that
day, but were turned away by police. On 28
March, officer Bagale was brought before the
Supreme Court and ordered to be released. The
Court found that there were no permissible
grounds to continue to detain him. He was thereby
released but fears further reprisals by the Nepal
Police. The National Human Rights Commission
has been informed. Hom Bahadur Bagale has
been pursuing a claim since 2002 that he was
tortured by other police officers. The Special
Rapporteur on Torture visited Hanuman Dhoka
District police office on 12 September 2005,
where he interviewed the Deputy Superintendent,
and who together with the Chief Superintendent
and another Deputy Superintendent, admitted that
torture (TOR) takes place in Hanuman Dhoka
DPO. The Special Rapporteur recalls that by letter
dated 27 December 2005, the Government stated
that it does not tolerate, condone or permit torture;
that it does not allow impunity; that allegations are
investigated with all the seriousness that they
deserve; and stern action is taken against
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offenders. The Special Rapporteur deeply regrets
that no steps have apparently been taken by the
Government to this end, despite his appeal in the
report of his mission to Nepal that security officials
who practise, order or condone torture (e.g. the
chief and deputy superintendents of Hanuman
Dhoka District Police Office) are held accountable
(E/CN.4/2006/6/Add.5, para. 32).
156.
13/04/06
AL
TOR;
Yagya Raj Pant, joint secretary of the Lalitpur
District committee of the All Nepal National Free
Students' Union (ANNFSU), which is affiliated to
the Communist Party of Nepal. On 26 January
2006, police beat student demonstrators with
batons at the Patan Multiple Campus of Tribhuvan
University in Lalitpur District, injuring several
people. Yagya Raj Pant was kicked, punched, and
beaten with batons by police. He was then taken
away in a police van. While he was in the van, a
police officer pointed a gun at his head and
threatened to kill him, while other officers beat and
kicked him. He was first taken to the District
Police Office in Jawalakhel, Lalitpur District, and
then to the nearby Patan Hospital for treatment.
His left hand was injured, and at least one finger
was broken. He is currently being held at the
Armed Police Force compound, Gan No. 1, in the
Naxal area of Kathmandu, under the Public
Security Act. The Forum for Protection of
People's Rights, a non-governmental
organization, attempted to file a report against the
officers responsible at the District Police Office in
Jawalekhel. However, the Superintendent of
Police did not reqister the case or investiqate
AIHRC/4/33/Add. 1
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further. On 6 February 2006, the Kathmandu
District Court ordered a medical examination for
Yagya Raj Pant. As a result, he was taken to a
hospital but he was not treated because he could
not afford the medical costs.
157.
20/04/06
JUA
FRDX;
TOR;
More than 140 journalists. Since 5 April 2006,
there have been nationwide pro-democracy
demonstrations. During the demonstrations, 97
journalists have reportedly been detained and 24
other journalists have been injured. On 5 April in
Kathmandu, 13 journalists were arrested while
participating in a demonstration organized by the
Professional Alliance for Peace and Democracy
(PAPAD), protesting against the Government's
ban on demonstrations. Gopal Thapaliya,
President of the South Asia Free Media
Association (SAFMA) was injured by police. On 7
April, Madhav Basnet, correspondent for Drist!
Weekly, was reportedly beaten by police in
Kathmandu while reporting on pro-democracy
meetings. On 8 April, seven journalists were
assaulted by police in Baglung, while covering a
protest organized by the Seven Party Alliance
(SPA). Ha n Nanayan Gautam, Secretary of the
FNJ's Baglung Chapter, was seriously injured.
Other journalists beaten by police include: Himal
Shanma, Ram Bahadun GC, Ram Krishna
Sharma, Khim Bahadur Karki and Vougendra
Milan Satyal. In other parts of the country, many
more journalists were beaten and mistreated,
including: Suresh Regmi, journalist for Synergy
FM; Tej Prakash Pandit, chief editor of Nayayug
Ban!; Santosh Sharma, journalist for Kant!pur;
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Shyam Syrestha, cameraman for Kant/pur; Tilak
Koilara, journalist for Nepa/ One TV stat/on. On
the same day, Kanak Mani Dixit, journalist and
editor of the magazine H/ma/ South As/a, was
arrested in Kathmandu. It is reported that Kanak
Mani Dixit is still in detention. On 9 April, Tej
Prakash Pandid, President of the National Union
of Journalists, was beaten by police in
Kathmandu. Security personnel attacked the
office of Paradarsh/ da/n/k newspaper. Tek Raj
Joshi, reporter for Ghodaghod/ FM rad/o stat/on;
and Tika Upreti, journalist for the daily Sudur
Sandesh; were severely beaten by police in
Dhanghadi. Binod Poudel, correspondent of
Annapurna Da/ly, was also severely beaten by
police in Chitwan. On 10 April, Jagat Saud,
correspondent for the daily Farvvest T/mes; and
Prayag Joshi, of the daily Sudur Sandesh were
arrested and assaulted by police in Dhanghadi,
while reporting on demonstrations organized by
the SPA. It is not known whether they have been
released. On 11 April, Yagya Raj Thapa,
Pushkar Thapa and Umesh K.C. Narayan were
arrested in Dailekh, while reporting on a rally
organized by the SPA. It is reported that police ill-
treated them and threatened them with further
action if they continue reporting on activities
organized by the SPA. The journalists were
released on the same day. On the same day, 19
journalists were arrested while they were at a
peaceful rally in Pokhara. Those arrested include:
Gangadhar Parajuli, Central Vice President of
the FNJ; Rabindra Bastola, President of FNJ
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Kaski District branch; and journalists Punya
Poudel, Himnidhi Laudari, Navin Sigdel,
Madhav Sharma, Badri Binod Prateek, Navaraj
Subedi, Han Bastola, Bednidhi Timilsina and
Biswo Shanker Palikhe. It is reported that police
used excessive force to arrest them. All the
journalists arrested and detained on 12 April were
reportedly released on the same day. On the
same day in Udayapur, journalists Rabindra
Kumar Chaudhary, Kushal Babu Basnet,
Shanta Rai and Mohan Gole were beaten by
security personnel with sharp objects, while
reporting on a peaceful rally organized by the
SPA. On 14 April, Dipak Adhikari was taken into
custody from his home in Hetauda. Police
manhandled him while arresting him, and he
received injury. He was released later on the
same day.
158.
Follow-
up to
past
cases
Ram Badu Sapkata
(E/CN.4/2006/6/Add.5, annex para. 1)
By letter dated 01 /02/2006, the Government
reported that Ram Babu Sapkota has been
released on bail on 15 September 2005 and
that his case is under investigation.
159.
Dal Bahadur Lama
(E/CN.4/2006/6/Add.5, annex para. 2)
By letter dated 01 /02/2006, the Government
reported that Dal Bahadur Lama was released
on bail on 15 September 2005 and his case is
under investigation.
160.
Asha Lal Tamang
(E/CN.4/2006/6/Add.5, annex para. 3)
By letter dated 01 /02/2006, the Government
reported that Asha Lal Tamang, alias Subash
has been unable to deposit bail and is
therefore held in pre-trial custody at the Central
Jail in Katmandu, while his case is under
investigation.
A/HRC/4/33/Add. 1
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161.
Binod Baiju
(E/CN.4/2006/6/Add.5, annex para. 4)
By letter dated 01 /02/2006, the Government
reported that Binod Kumar Baiju, alias Binod
Damai has been unable to deposit bail and is
therefore held in pre-trial custody at the Central
Jail in Katmandu, while his case is under
investigation.
162.
Suresh Syantan Tamang
(E/CN.4/2006/6/Add.5, annex para. 5)
By letter dated 01 /02/2006, the Government
reported the ASI, on 30 September 2005, was
given a recordable letter of caution for ill-
treatment of a person in police custody.
163.
Badal Bogati
(E/CN.4/2006/6/Add.5, annex para. 6)
By letter dated 01 /02/2006, the Government
reported that Duma Bogati, alias Badal
Kanchha has been unable to deposit bail and
is therefore held in pre-trial custody in Nakhu
Jail by order of the District Court, while his
case is under investigation.
164.
DII Bahadur Tamang
(E/CN.4/2006/6/Add.5, annex para. 9)
By letter dated 01 /02/2006, the Government
reported that Dil Bahadur Tamang is under
preventive detention at Central Jail,
Kathmandu for his suspected involvement in
terrorist activities by the order of DAD, while
his case is under investigation.
165.
Ms. Bhagwati Shrestha
(E/CN.4/2006/6/Add.5, annex para. 10)
By letter dated 01 /02/2006, the Government
reported that Bhagwati Shrestha, alias
Roshani, was held under TADA by the order of
the district coordination committee, then
transferred to Sundarijal Investigation Centre.
By order of Appellate Court Lalitpur she is
being held in judicial custody at Sadar Khor
Dilli Bazar, Kathmandu.
166.
Rimal Babu Shrestha
(E/CN.4/2006/6/Add.5, annex para. 12)
By letter dated 01 /02/2006, the Government
reported that Rimal Babu Schrestha, alias
Sujan, was held in preventive detention at
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Central Jail, Kathmandu under TADA by the
order of DAD. He was neither physically nor
mentally tortured or ill-treated. He was
medically examined and was found to have a
gunshot would that dates back two years on
his arm. He has not filed any complaints.
167.
Bhalsingh Rai
(E/CN.4/2006/6/Add.5, annex para. 22)
By letter dated 01 /02/2006, the Government
reported that Bhalsingh Rai has been in
preventive detention since 5 August 2005, but
not in police custody. He is now held at Central
Jail, Kathmandu under Terrorist and Disruptive
Activities Drdinance (TADD).
168.
Bhimsen Ghole
(E/CN.4/2006/6/Add.5, annex para. 25)
By letter dated 01 /02/2006, the Government
reported that Bhimsen Ghole, alias Kalyan is
being held at Central Jail, Kathmandu under
TADD by the order of DAD. He was neither
physically nor mentally tortured or ill-treated.
169.
Keshav Lama Tamang (E/CN.4/2006/6/Add.5,
annex para. 27)
By letter dated 01 /02/2006, the Government
reported that Keshav Lama Tamang was in
preventive detention starting from 16 June
2005 by the order of DAD. He was not held in
police custody. He is now detained in
Investigation Center Sundarijal, Kathmandu
under TADD.
170.
Krishna Prasad Gautam (E/CN.4/2006/6/Add.5,
annex para. 28)
By letter dated 01 /02/2006, the Government
reported that Krishna Prasad Gautam (Bilbek)
is detained at Sundarijal Investigation Center,
Kathmandu under TADD, while his case is
under investigation
171.
Dev Raj Luintel (E/CN.4/2006/6/Add.5, annex
para. 29)
By letter dated 01 /02/2006, the Government
reported that Dev Raj Luitel is detained at
Sundarijal Investigation Center, Kathmandu
under TADD, while his case is under
A/HRC/4/33/Add. 1
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investigation.
172.
Funshok Sherpa (E/CN.4/2006/6/Add.5, annex
para. 30)
By letter dated 01 /02/2006, the Government
reported that Funshok Shrepa is detained at
Sundarijal Investigation Center, Kathmandu.
173.
Ms. D. 0. (E/CN.4/2006/6/Add.5, appendix para.
31)
By letter dated 01 /02/2006, the Government
reported that she was relased on 21 August
2005 in the presence of an Officer of the
National Human Rights Commission.
174.
Ms. Rupa Pun (E/CN.4/2006/6/Add.5, annex
para. 32)
By letter dated 01 /02/2006, the Government
reported that Ms. Rupa Pun was severely
injured by Maoists and, as a result, brought to
the Teaching Hospital, but no case has been
filed by the victim
175.
Nanda Bahadur Karki (E/CN.4/2006/6/Add.5,
annex para. 35)
By letter dated 01 /02/2006, the Government
reported that Nanda Bahadur Karki was held in
preventive detention by the order of DAO since
9 September 2005. He was not held in police
custody. Presently he is held in Central Jail,
Banke.
176.
Ms. Sib Negi (E/CN.4/2006/6/Add.5, annex para.
36)
By letter dated 01 /02/2006, the Government
reported that Ms Sita Negi (Bijaya) was held in
preventive detention starting 9 November 2004
by the order of the District Security Committee.
She was transferred to Jajarkot jail on 3
February 2005. She was never detained in
police custody.
177.
Ms. A. T. (E/CN.4/2006/6/Add.5, annex para. 37)
By letter dated 01 /02/2006, the Government
reported that she was in preventive detention
by the order of DAO starting from 4 April 2005,
which was prolonged for another 6 months on
7 October 2005. She was not held in police
custody.
AIHRC/4/33/Add. 1
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178.
Ms. D.C. (E/CN.4/2006/6/Add.5, annex para. 38)
By letter dated 01 /02/2006, the Government
reported that she was released on 20 October
2005 by the order of District Security
Committee.
179.
Maden Kumar Dhungana (E/CN.4/2006/6/Add.5,
annex para. 41)
By letter dated 01 /02/2006, the Government
reported that Maden Kumar Dhungana was not
held in police custody, but just interrogated at
Kohalput. He was released on 25 August 2005.
180.
Badri Khadka (E/CN.4/2005/62/Add.1, para.
1016).
By letter dated 22/03/06, the Government
reported that on 29 August 2004, at 1915h, a
vehicle of security forces was fired upon by a
group of seven or eight terrorists near a
wooden bridge in Govindapur-8 of Morang
District. One unidentified terrorist, possibly
Badri Khadka, was killed in the retaliatory
actions of the security forces, while the other
terrorists managed to escape. One pistol and
some rounds were recovered from the dead
body. The body was handed over to Jagadish
Dum, who is an employee at the Rangeli
Hospital, for necessary cremation.
181.
S. M. (E/CN.4/2005/62/Add. 1, para. 1026, and
E/CN.4/2006/6/Add. 1, para. 247)
By letter dated 22/03/06, the Government
reported that Ms S.M., aged 16, was
reportedly raped by security personnel on 10
November 2004. Among the alleged
perpetrators, police personnel Yam Prasad
Khamdak and army personnel Bishal Rai and
Khem Khadka, are in pre-trial custody in
District Jail Morang by the order of District
Court Sunsari. One army personnel Basant
Acharya, also an accused of the same
incident, is still at large.
A/HRC/4/33/Add. 1
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182.
Hira Bahadur Rokka (E/CN.4/2005/62/Add. 1,
para. 1038).
By letter dated 22/03/06, the Government
reported that Mr Rokka was arrested on 5 July
2002 under TADO and was released on 10
March 2003 by the order of Supreme Court.
He was informed of the grounds for such arrest
and detention. He was produced before the
competent authority and was held under
detention by the order of such authority. While
in custody, he was allowed to meet with his
family members and consult the lawyer of his
choice.
183.
Bhagirath Kharel (E/CN.4/2005/62/Add. 1, para.
1044).
By letter dated 22/03/06, the Government
reported that Mr Kharel was held in
preventive detention at Kathmandu Jail by the
Order of the District Administrative Office
(DAO), under the Public Security Act (PSA) on
25 November 2003. He was released on 3
January 2004 by the order of District
Administration Office, Kathmandu. He was
arrested again on 4 January 2004 under PSA
and released on 3 January 2005. While in
custody, he was allowed to meet with his
family members and consult the lawyer of his
choice.
184.
Sho Prasad Khatiwada (E/CN.4/2005/62/Add. 1,
para. 1054).
By letter dated 22/03/06, the Government
reported that there is no information of his
arrest by any authority
185.
Maheswar Pahari and Gyan Bahadur Koirala
(E/CN.4/2005/62/Add. 1, para. 1055, and
E/CN.4/2006/6/Add. 1, para. 264).
By letter dated 22/03/06, the Government
reported that Mr Pahari was held in preventive
detention at Kaski Jail under TADO. He was an
HIV/AIDS patient and died of TB. Presently
the other is in Sundarijal Detention Centre.
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186.
Bal Krishna Devakota and Dhananjay Khanal
(E/CN.4/2005/62/Add. 1, para. 1056-1057, and
E/CN.4/2006/6/Add. 1, para. 256).
By letter dated 22/03/06, the Government
reported that Mr Devakota was held under
preventive detention on 28 February 2005
under PSA and was released on 11 March
2005. His real name is Ba lchandra Paudel. He
was informed of the grounds for such arrest
and detention. He was brought before the
competent authority and was held under
detention by the order of such authority. While
in custody, he was allowed to meet with his
family members and consult the lawyer of his
choice. He was not harassed or threatened
during the period in custody.
187.
188.
Reena Rasaili, S.C. and T.L.
(E/CN.4/2005/62/Add. 1, para.1066, and
E/CN.4/2006/6/Add. 1, para. 272).
Purushotam Chudal (E/CN.4/2005/62/Add. 1,
para. 1060-1061, and E/CN.4/2006/6/Add. 1,
para. 267).
By letter dated 22/03/06, the Government
reported that Mr T.L. was taken into custody
by security forces on 12 February 2004. He
was found to be in possession of explosives
and terrorist related documents. He was killed
by security forces while attempting to
escape.The court martial found the
commander of the operation, a Lieutenant,
guilty of using excessive force and not
following the correct procedures for the
handling of the body. The officer was
sentenced to four months of imprisonment and
forfieture of promotion for three years.
By letter dated 22/03/06, the Government
reported that Mr Chudal was arrested on 18
October 2004 under TADO. He was released
on 18 October 2005 and again arrested on 20
October 2005. Mr Chudal is in preventive
detention in district jail Jhapa and his detention
period ends on 16 April 2006. While in
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custody, he has been allowed to meet with his
family members and consult the lawyer of his
choice.
189.
Surendra Ral and Ambir Babu Gurung
(E/CN.4/2005/62/Add. 1, para. 1072-1075, and
E/CN.4/2006/6/Add. 1, para. 277).
By letter dated 22/03/06, the Government
reported that Mr Rai was released from
Sundarijal Detention Centre on 2 February
2005. Mr Gurung was arrested on 16
February 2004 from Baneshwar, Kathmandu,
and was released on 12 April 2004.
While in custody, the two men were allowed to
meet with their family members and consult the
lawyer of their choice.
190.
Yamanath Lohani (E/CN.4/2005/62/Add. 1, para.
1078).
By letter dated 22/03/06, the Government
reported that Mr Lohani was arrested on I
March 2004 under TADO and was released on
9 April 2004. While in custody, he was allowed
to meet with family members and consult the
lawyer of his choice.
191.
Kedar Prasad Bidari and Nagdar Bhote
(E/CN.4/2005/62/Add. 1, para. 1131-1133).
By letter dated 22/03/06, the Government
reported that Mr Bidari was taken in custody
under TADO on 17 March 2004, and was
released and handed over to his wife Mrs
Januka Bidari on 1 July 2004. Mr Thapa was
arrested on 1 October 2003 and was released
and handed over to his friend Arjun Silwal on 8
October 2003. While in custody, the two men
were allowed to meet with their family
members and consult the lawyer of their
choice.
AIHRC/4/33/Add. 1
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192.
A group of lawyers and journalists.
(E/CN.4/2005/62/Add. 1, para. 1136, and
E/CN.4/2006/6/Add. 1, para. 308-309).
By letter dated 22/03/06, the Government
reported that Mr Thapaliya was arrested on 4
November2003 under TADO. He was
released and handed over to his brother Mr
Bharat Thapaliya on 14 November 2003.
Mr Basnet was arrested under TADO on 6
Septempber 2004. He was released and
handed over to his brother Top Bahadur
Basnet on 18 October 2004. While in custody,
the two men were allowed to meet with their
family members and consult the lawyer of their
choice.
193.
194.
Jetendra Khadkha (E/CN.4/2005/62/Add. 1,
para. 1146, and E/CN.4/2006/6/Add. 1, para.
315).
Guru Prasad Subeti, Tek Nath Sidgel and
Durga Datta Gautam (E/CN.4/2005/62/Add. 1,
para. 1167).
By letter dated 22/03/06, the Government
reported that Mr Khadkha was released on 9
November 2004 by the order of the Supreme
Court. While in custody he was allowed to
meet with his family members and consult the
lawyer of his choice.
By letter dated 22/03/06, the Government
reported that Mr Gautam was killed on 20
March 2004 in a Military operation conducted
by the RNA in Chitwan District. As no one
came to claim his body, it was handed over to
Bharatpur Municipality Office, Chitwan District,
for necessary cremation. Mr Subeti and Mr
Sidgel were arrested under TADO on 23
February 2004. Mr Subeti was released on 3
December 2004 and Mr Sidgel on 4 Sepember
2004. Mr Sidgel was again arrested on 5
September 2004 and was detained in District
Jail Nawal Parasi. He was released on 4
December 2004 by the order of DAO and was
handed over to his brother Tilakram Sigdel.
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The two men were brought before the
competent authority and were held in detention
by the order of such authority. While in
custody, they were allowed to meet with their
families members and consult the lawyer of
their choice.
195.
Bal Krishna Dakhal and R.S.D.
(E/CN.4/2005/62/Add. 1, para. 1171, and
E/CN.4/2006/6/Add. 1, para. 329).
By letter dated 22/03/06, the Government
reported that Mr Dhakal was arrested several
times between 3 January 2002 and August
2005. He was informed of the grounds for his
arrest and detention. He was brought before
the competent authorities and was held in
detention by the order of the authorities. During
detention, he was allowed to meet with his
family and to consult with legal practitioners of
his choice. Mr R.S.D. was held in preventive
detention in Bharatpur Jail under TADO. He
was released on 19 October 2005 by the order
of Supreme Court.
196.
Keshu Ram Kewat and J. K.
(E/CN.4/2005/62/Add. 1, para. 1173-1174)
(E/CN.4/2006/6/Add. 1, para. 331)
By letter dated 22/03/06, the Government
reported that Mr J.K. was arrested and
released several times between May 2004 and
March 2005. While in custody, he was allowed
to meet with his family members and consult
the lawyer of his choice.
197.
M.S. and Bimala B.K. (E/CN.4/2005/62/Add. 1,
para. 1151 and 1176, E/CN.4/2006/6/Add. 1,
para. 319, and E/CN.4/2006/6/Add.5, Appendix,
paras. 42-44)).
By letter dated 22/03/06, the Government
reported that M.S. was brought to Panchkhal
Barracks at 8:30am on 17 February 2004. The
commanding officer, a colonel, instructed two
captains to question her. The two captains
then used illegal techniques during the
interrogation and she died as a result at 11:30
am. A general court martial was issued against
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the three officers according to the Military Law.
The general court martial found the three
officers guilty and sentenced them to six
months of imprisonment, forfeiture of
promotion (two years for the colonel and one
year for the captains) and fined, 50,000 rupees
for the colonel and 25,000 rupees for each of
the two captains as compensation.
Ms Bimala B.K. was held under preventive
detention in Dillibazar Jail, Kathmandu, under
TADO on 22 June 2005. She was released by
the order of the Supreme Court on 12
December 2005. She was brought before the
competent authority and was held in detention
by the order of such authority. While in
custody, she was allowed to meet with her
family members and consult a lawyer of her
choice. She was not harassed or threatened
during the period in custody.
198.
Prakash Thapa (E/CN.4/2006/6/Add.1, para. 176,
and E/CN.4/2005/62/Add.1, para. 1177).
By letter dated 22/03/06, the Government
reported that Mr Thapa was arrested on 10
November 2004 under TADO and was
released by the order of the Supreme Court on
9 December 2004. He was again arrested
under TADO on 23 December 2004 and was
released on 16 June 2005. While in custody,
he was allowed to meet with his family
members and consult the la 'er of his choice.
199.
Jitman Basnet, Dhana Jaisi Sharma,
Narsarulla Ansari, Naman Kumar Shahi,
Bishnu Prasad Bastola, Kailash Takhur and
Bhupendra Shahi (E/CN.4/2006/6/Add.1, para.
177).
By letter dated 22/03/06, the Government
reported that on 21 December 2004, after the
killing of Munna Kashawat and Mainudin Khan
by Maoists in Nawalparasi, Dhana Jaisi
Sharma, Narsarulla Ansari and Kailash Takhur,
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were rounded up by an aggressive mob
gathered at the scene of the incident, alleging
their involvement in the murder case. Security
Forces rescued them and took them into
protective custody. They were later released
on the same day after general inquiry. They
were handed over to Sudarsan Panta,
Chairman of the District Bar Association.
Mr Bishnu Prasad Bastola was arrested during
a demonstration organized in a restricted area
in January 2005 and was released on the
same day. Mr Bhupendra Shahi and Mr
Naman Kumar Shahi were pushed by police
personnel in order to control a crowd and later
the matter was settled after police apologized.
They were neither harassed nor threatened .
200. Nayaran Bajgain, Tika Ram Uprety and Damber By letter dated 22/03/06, the Government
Pandey (E/CN.4/2006/6/Add. 1, para. 179). reported that Mr Pandey and Mr Bajgain were
arrested on 03 April 2005 and were released
after general inquiry on 4 April 2005. They
were informed of the grounds for such arrest
and detention. They were produced before the
competent authority and were held in detention
by the order of such authority. While in
custody, they were allowed to meet with family
members and consult the lawyer of their
choice. Mr Uprety was arrested on 4 March
2005 under TADO and was released on 27
March 2005. He was handed over to
Bhageshwor Meyangbo, Chairman of
Chulachuli Forest Consumer Committee,
Jhapa District. Mr Uprety was again arrested
under TADO on 3 April 2005 in his villaqe. He
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is under preventive detention in District Jail
Jhapa. He was informed of the grounds for
such arrest and detention. He was produced
before the competent authority and was held in
detention by the order of such authority. While
in custody, he has been allowed to meet with
his family members and consult the lawyer of
his choice.
201.
Prem Bahadur OIl, Tek Bahadur Khatri, Man
Bahadur Bista, Padam Sarki, Birman Sarki,
Tapta Bahadur Girl, Bir Bahadur Karki, Padam
Bahadur Budha, Gagan Singh Kunwar, Dhawal
Singh Bohara and Ujal Singh Dhami
(E/CN.4/2006/6/Add. 1, para. 182).
By letter dated 08/02/06, the Government
reported that Prem Bahadur Dli, Tek Bahadur
Khatri, Man Bahadur Bista, Padam Sarki,
Tapta Bahadur Gin, Bir Bahadur Karki, Padam
Bahadur Budha, Gagan Singh Kunwar, Dhawal
Singh Bohara and Ujal Singh Dhami were
released by order of the Appellate Court
Mahendranagar on 17 September 2005, but
they were re-arrested on 21 September 2005.
Dn 22 September the District Security
Committee Kanchanpu ordered them to be
held in preventive detention for six months in
accordance with TADD. Dn 11 December
2005, Tek Bahadur Khatri, Padam Bahadur
Budha, Bir Bahadur Karki and Ujal Singh
Dhami were released by the District
Administration Dffice Kanchanpur. By letter
dated 22/03/06, the Government reported that
Mr Birman Sarki was arrested on 17 August
2004 under TADD and released on 22 June
2005 by the decision of the District Security
Committee, Kanchanpur. Mr Birman Sarki and
Mr Bir Bahadur Karki were produced before
the competent authority and were held under
detention by the order of such authority. While
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in custody, they were allowed to meet with
their family members and consult the lawyer of
their choice.
202.
R. B. and G. N. (E/CN.4/2006/6/Add.1, para. 185).
By letters dated 4/01/06 and 08/02/07, the
Government reported that on 5 September
2005 at Kapilbastu Vikshyuchowk, the police
patrolling team caught them red-handed along
with the evidence of paper and pamphlets
related to terrorist activities. They were held in
preventive detention from 6 September by the
order of the Chief District Officer. Challenging
the detention, they were able to produce a writ
of habeas corpus in the Supreme Court. By
order of the Court, they were released on 25
October.
203.
A group of seven journalists
(E/CN.4/2006/6/Add.1, para. 187).
By letter dated 22/03/06, the Government
reported that there is no report of assault on
any of them.
204.
Raj Kumar Rai; Chandra Bahadur Basset, alias
Manoy; Santosh Champlagain;
(E/CN.4/2006/6/Add. 1, para. 184).
By letter dated 08/02/07, the Government
reported that Raj Kumar Rai was arrested by
Police on 15 June 2005 and ordered to be
released on bail on 11 July 2005. An
investigation was initiated by the Nepal Police
Human Rights Cell after receiving a complaint
concerning torture. The medical examination
and photographs of the victim indicated that he
was subjected to physical abuse.
Consequently Sub-Inspector Indra Prasad Oh
was reprimanded on 11 September 2005 for
inflicting torture upon Raj Kumar Rai during
investigation. Chandra Bahadur Basnet was
injured in the course of a security operation
conducted by the Armed Police Force, Morang,
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on 24 August 2005. When the police was
informed on 25 August, several officers went to
Koshi Zonal Hospital, where they found the
dead body. The carried out the necessary
procedures including the writing of muchulka
(legal documentation of the dead body and of
the crime scene). The case was registered in
the District Police Office Morang on 6
September 2005 and is currently under
investigation. Santosh Chaulagain was
arrested by Armed Police Force, Morang on 24
August 2005 for suspected involvement in
terrorist activities. He was handed over to
Nepal Police on 25 August 2005. A medical
examination found him to be physically and
mentally fit and without any injuries. On 6
September 2005 he was released.
205.
Niger
28/07/06
AL
TOR;
Alpha Harouna Hinsa, né 1957 a Gassi,
marabout, commerçant de pièces détachées et de
véhicules au marché Ferrailles de Niamey et
membre du Bureau du syndicat des commerçants
dudit marché. Alpha Harouna Hinsa aurait été
interpelle a son domicile, le 17 mai 2006 vers 11 h
par des éléments de Ia gendarmerie. Ensuite il
aurait passé 15 jours en garde a vue a Ia brigade
de gendarmerie de Niamey II n'aurait pas
bénéficié du droit a Ia visite par ses proches
parents. Le 28 mai 2006, le capitaine Bako de Ia
gendarmerie aurait informé Ia famille de Ia mort
de Harouna Hinsa. La famille aurait ensuite
retrouvé le corps a Ia morgue de l'Hopital national
de Niamey, qui aurait porte des dèmes, des
lesions cutanées, deux fractures, des plaies au
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poignet, deux plaies béantes aux epaules, des
cicatrices sur tout le thorax et Ia cuisse gauche.
Ce dernier n'aurait pas enregistre un malade en Ia
personne de Harouna Hinsa mais plutot un corps
ou encore un mort, comme l'atteste le constat de
décés n° 25 du Service des urgences signé par Dr
Christophe, le 27 mai 2006 portant, entre autres
les mentions “date d'entrée le 27-05-2006”,
“déjà décédé a son entrée”. Suite a Ia plainte de
Ia famille, déposée le 29 mai, le Substitut du
Commissaire du Gouvernement aurait requis, le
29 mai 2006, une autopsie a l'effet d'examiner Ia
date, le lieu et les causes du décés, mais cette
autopsie n'aurait été réalisée que le mercredi 31
mai 2006 a l'Hopital Lamordé. Elle aurait stipulé
que “... le décés était survenu le 27 mai 2006 au
service des urgences de l'hopital National de
Niamey du nommé Alpha Harouna Hinsa, garde
a vue dans le cadre de Ia procedure”.
206.
Pakistan
07/03/06
JUA
WGAD;
FRDX;
HRD; TOR;
Naeem Mirza, lmran Shareef, Saeed Khan,
Zamurrad Balouch, lmran Fatima, Ms Sadia
Mumtaz, members of the Aurat Foundation, and
Ms Farzana Ban, member of the Rattan
organization. The Aurat Foundation and the
Rattan organization are organizations that work to
promote and defend women's human rights. On 4
March 2006 Mr Naeem Mirza, Mr lmran Shareef,
Mr Saeed Khan, Mr Zamurrad Balouch, Mr
lmran Fatima, Ms Sadia Mumtaz, and Ms Farzana
Ban were arrested in Rawalpindi while on their
way to a peaceful protest that had been organized
by the Citizens Action Group to protest against the
visit of the President of the United States of
By letter dated 19/12/06, the Government
informed that no case has been registered
against these persons.
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America to Pakistan. It is alleged that as they
were proceeding towards the venue of the
demonstration on Murree Road, members of the
Punjab police forces manhandled them and used
batons to beat them. It is alleged that they were
taken to an unknown location. A communication
was sent by the Special Representative for human
rights defenders (HRD) to the Ministry of Foreign
Affairs in Islamabad on 4 March 2006 requesting
their release. The Ministry responded to the
communication and assured the Special
Representative that all defenders would be
released. According to the information received,
Sadia Mumtaz and Farzana Ban have been
released but Naeem Mirza, lmran Shareef, Saeed
Khan, Zamurrad Balouch and lmran Fatima
remain in detention. There are concerns that the
human rights defenders were humiliated and ill-
treated by police during their detention .
207. 14/03/06 UA Safdar Sarki, Head of Jeay S/ndh Quami
Mahaz (JSQM), a political party campaigning for
the rights of the Sindhi ethnic group. On 24
February 2006, he was abducted by men
alleged to be members of the security forces.
A group of 16 men in civilian clothes took
Dr. Sarki from his apartment in the
Gulistan-i-Jauhar area of Karachi, between 2 pm
and 3 pm. Witnesses allege that they saw him
being put in a van blindfolded and bleeding.
Members of JSQM and the World Sindhi
Congress have filed a habeas corpus petition
with the Sindh High Court. No criminal charges
are known to have been brouqht aqainst him
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and the authorities have not acknowledged that
he is in custody.
208.
22/03/06
JAL
FRDX,
HRD, TOR
Dr. lmdad Baloch, Dr Vousaf Baloch, Dr.
Naseem Baloch, Ghulam Rasool, Or, Allah
Nazar, Dr. Akhtar Nadeem and Or. All Nawaz, all
members of Balochistan Students Organization.
On the night of 24 to 25 March 2005, they were
arrested by approximately thirty armed men
wearing police and ranger uniforms at about 3 am
from a private residence on Norman Avenue,
Gulistan-e-Johar, Karachi, after attending a
peaceful rally against the army operation in
Balochistan. Their whereabouts were unknown
for two months. On 24 May 2005, Dr. lmdad
Baloch, Dr. Yousaf Baloch, Or. Naseem Baloch
and Or. Ghulam Rasool were released on bail. Or
lmdad Baloch alleges that he and his fellow
detainees had been detained incommunicado in
solitary confinement for 33 days in Karachi, where
they were subjected to torture and ill-treatment.
He was hit on the soles of his feet making him
unable to walk and beaten all over his body,
including on his kidneys, with leather straps while
forced to lie prone in fellers on the ground. The
four detainees were then taken to Quetta, where
they were kept for 22 days and threatened with
death if they continued to participate in politics. In
August 2005, Or, Allah Nazar, Or Akhtar Nadeem
and Or. Ali Nawaz were located at a police station
in a village in Punjab Province, held on charges of
robbery Or. Allah Nazar was transferred to
Balochistan and charged with terrorism. He is
By letter dated 16/10/06 the Government
reported that, according to an inquiry
concluded by the Home Department
Balochistan, Or. Allah Nazar and Dr. Akhtar
Nadeem were suspected of being involved in
terrorist activities under section 302, 234 of the
Qisas and Diyat Ordinance, therefore they
were kept in preventive detention as envisaged
under Section 3 of the Maintenance of Public
Order. After the completion of the investigation,
Akhtar Nadeem was released. However,
sufficient evidence for indictment was found
against Or. Allah Nazar, therefore he was sent
to judicial custody for facing trial in the court of
law at Turbat. The inquiry report of the Home
Department Balochistan states that no physical
and mental torture was inflicted upon the
suspects. It further states that, if, as they claim,
they were subjected to maltreatment, they
might have approached the court of law
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currently in at the Central Jail in Quetta. As a
result of the treatment he received, he is virtually
paralysed and has lost a substantial part of his
memory Dr. Akhtar Nadeem and Dr. Ali Nawaz
were released on 2 November 2005.
209.
12/05/06
JUA
WGAD;
FRDX;
TOR;
Munir Mengal, Director of “Baloch Voice” TV
station. On 4 April 2006, he was arrested by
intelligence agents at Karachi airport. Immigration
officials informed his relatives that he was taken
away by staff of the Inter-Services Intelligence
(151), which is under the control of the army. His
relatives tried to file a complaint with police, but
have not been allowed to do so. His current
whereabouts are unknown although his relatives
believe that he may be held in the Malir
Cantonment of Karachi.
210.
12/05/06
JUA
FRDX;
TOR;
Abdul Rauf Sasoli and Saeed Brohi, both
leaders of a Baloch political party, the Jamhoori
Watan (Republican National Party). On 3
February 2006, Abdul Raof Sasoli was picked up
by two plain clothes police officers as he was
coming out of the Safari Park, in the Gulshan-e-
lqbal area of Karachi. The police then drove him
away in his own car. On 10 March 2006, Saeed
Brohi was picked up in Karachi. The whereabouts
of the two men are unknown and they have not
been seen or heard from since. The provincial
police and military departments have denied
having either man in their custody. According to
the information received, a lawyer has filed a
habeas corpus petition on behalf of the two men
in the High Court.
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211.
18/08/06
JUA
TERR;
TOR;
Khalid Mehmood Rashid, a Pakistani citizen. He
was handed over by South African authorities to
Pakistani officials at an air base in South Africa
nine months ago. Thereafter, he left the country
with Pakistani officials on an unscheduled flight.
He has not been seen or heard from since.
According to the Pakistani High Commission in
South Africa on 14 June 2006, Mr Rashid was
“wanted in Pakistan for his suspected links with
terrorism and other anti-state elements. Presently
he is in the custody of the Government of
Pakistan”. On 29 June 2006, the Lahore High
Court directed the state to disclose his
whereabouts within three weeks.
212.
18/10/06
JAL
TOR;
VAW;
Ms G. S. and her mother Ms M. M. and her father
Mr M. H. from Chak Sher Khan, Kabirwala Town,
all members of the lower Batti” caste. On 25
August 2006, G. S. returned to her home village to
announce that she graduated first class with a
Master of Arts in Education from Zakarya
University. The educational success of a lower
caste person allegedly aroused the envy of
villagers belonging to the Mirali” upper class.
During the night from 25 to 26 August at
approximately 100am, a group of about twelve
men, including several police officers in uniform,
forcibly entered G. S. ‘s family home. The men
beat Mr M. H., with boots, iron sticks and gun
butts. They then kidnapped G. S. and M. M.. They
dragged them from their home while continuously
beating and sexually taunting them. They were
subsequently imprisoned in a house in Kabirwala
Town, where they both were gang-raped over the
By letter dated 14/12/06, the Government
replied that both abductees were recovered on
5 September 2006 and the accused was
arrested and remanded in custody. The female
medical officer stated that rape had been
committed. The pre-arrest bail of two accused
was confirmed. Three of the accused are
military personnel. The mailer was referred to
SP/lnvestigation, Khanewal, who heard both
parties and also recorded their statements
including those police officers who have been
allegedly involved in the matter. During the
inquiry, no police official has been found
involved in the abduction and rape, nor found
extending assistance to the accused. It was
found that all sympathies of police officials,
including the DSP, were with the complainant
side. The DSP/SDPO never extended any help
of any sort to the accused party. One of the
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course of several days. Despite complaints by
their relatives, the local police initially refused to
register the case and only raided the house on 5
September 2006. In the course of the raid, police
officers allegedly arranged for the perpetrators to
escape and take their victims with them. However,
concerned local citizens managed to free the two
women and arrest and hand over to the police
three of the suspected perpetrators. Local police
officials, including the Superintendent of
Khanewal Police, the Deputy Superintendent of
Kabirwala Police, the former Saddar Station Head
Officer have allegedly pressured the victims not to
speak to anyone about the case. The Deputy
Superintendent and Sub Inspector, a relative of
one of the suspects, who was appointed on short
notice to replace the Saddar Station Head Officer,
also ordered them to leave the area or face dire
consequences. G. S. ‘s teaching contract at a
local school was abruptly terminated. As of 28
September 2006, no criminal action had been
taken against any of the perpetrators.
accused has been arrested and sent to jail, the
bail of five accused has been cancelled, and
they are remanded in custody and are being
interrogated. No politician of Sub-Division
Kabirwala has been found directly or indirectly
involved in this case, nor seeking help for the
accused and opposing the complainant side.
The Provincial Minister is providing moral
support to the complainant in this case.
Threats to the victim and her family by the
Police Station Saddar Kabirwala DSP and
SHO to leave the town immediately has been
found absolutely baseless. These officers, as
well as the local police, were found to extend
all efforts to provide justice to the
complainants.
213.
Peru
12/04/06
AL
TOR;
Miembros de las Fuerzas Armadas del PerUse
estarian resistiendo de manera sistemãtica a
suministrar informaciôn a fiscales y tribunales
sobre Ia identidad del personal militar investigado
por graves violaciones a los derechos humanos
cometidas durante el conflicto armado interno que
afectô al pals durante las décadas de los ochenta
y noventa. Este tema ha vuelto a surgir
recientemente en el marco de una serie de
acusaciones contra el candidato presidencial y ex
teniente coronel Ollanta Humala Tasso,
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formuladas por familiares de victimas quienes
denuncian su presunta participaciôn en graves
violaciones a los derechos humanos, incluyendo
casos de tortura y desapariciones forzadas,
cuando éste se encontraba en Ia base militar de
Madre Mia, en el Departamento de San Martin
entre 1992 y 1993. Al solicitãrsele informaciôn
sobre Ia identidad y seudônimos empleados por
los oficiales militares estacionados en dicha base,
el Ministro de Defensa, Marciano Rengifo, negô
pUblicamente que las Fuerzas Armadas
conservasen en sus archivos ese tipo de
registros. Varios ex ministros de Defensa han
afirmado que el uso de seudônimos por parte de
oficiales militares constituyô un hecho puramente
informal y que, por lo tanto, las Fuerzas Armadas
no conservaron ningUn registro de los mismos.
Los informes recibidos agregan que esas
declaraciones generales sobre Ia supuesta
inexistencia de este tipo de registro carecen de
toda credibilidad y alegan que Ia mencionada
politica de negar Ia existencia de los registros
pareciera estar dirigida a ocultar las violaciones a
los derechos humanos cometidas y a proteger a
los responsables. También se senalô que en
varias ocasiones se habian descubierto registros
militares que contenian informaciôn sobre Ia
identidad del personal military los seudônimos
que utilizaban. En un caso especifico de
ejecuciôn extrajudicial, un funcionario del
Ministerio de Defensa habria informado a los
familiares de una victima de que las Fuerzas
Armadas no habian encontrado en sus archivos
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ningUn registro referente a los seudônimos 0
nombres verdaderos de los oficiales
presuntamente responsables de esa muerte. Sin
embargo, dos semanas mãs tarde, un inspector
de Ia Region Militar senalô en un memorando
dirigido al Jefe del Ejercito en Lima que se habian
encontrado 90 seudônimos en los registros de
personal de Ia Base Militar Cangallo, encargada
de Ia Provincia de Vilcashuaman, donde
ocurrieron graves abusos. En el caso del ex
teniente coronel Ollanta Humala Lasso, se habria
encontrado Ia declaraciôn de un mayor del
Ejercito, entrevistado en noviembre de 1992 por
un oficial militar que estaba investigando
acusaciones por trãfico de drogas en Ia base
militar Madre Mia donde Humala estaba
estacionado. En su declaraciôn, dicho oficial, el
mayor Jorge Flores Tello, revelô los nombres y
seudônimos de varios oficiales que se
encontraban en dicha Base, incluido el de
Humala, a quien identificô como Humala Tasso,
Ollanta, alias “Carlos'.” Humala habria
reconocido haber utilizado el seudônimo de
Carlos”, pero habria alegado que otros oficiales
también conocidos como Carlos” serian los
responsables de las antemencionadas violaciones
de derechos humanos. Se informa también de
que el Ministerio PUblico se ha negado a abrir una
investigaciôn sobre estos hechos pese a las
denuncias formuladas.
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214.
Philippines
09/03/06
JUA
WGAD;
TOR;
Runden Berloize G. Lao, Davao City, Anderson
Tabocanon Alonzo, agedl8, Davao City, Aldoz
Christian Maôoza, aged 18, Pasig City, Ron
Baquiran Pandino, aged 20, Laguna, Jethro
Villagracia, aged 21, Davao City, Neil Russel
Sarmiento Balajadia, aged 25, Santolan Pasig
City, Darwin Padilla Alazar, aged 21,
Pangasinan, Arvie Molmog Nunez, aged 21,
Lucena City, Jefferson Delacruz DeLaRosa,
aged 20, Pasig City, F. A. G. B., aged 15,
Marikina City, and R. L. E. M., aged 16, Makati
City. On 14 February 2006, they were arrested by
members of the 1604th Philippine National Police
(PNP) from Camp Molintas in Buguias, Benguet,
when they were driving to Sagada, Mountain
Province. When they reached the road near Camp
Molintas members of the PNP stopped their truck
and asked them where they kept the firearms that
were taken from the military barracks in
Mankayan, Benguet, during an armed attack
earlier that week. They also accused them of
being members of the New Peoples Army (NPA).
On that same day, they were reportedly
handcuffed and taken to Camp Molintas in
Buguias where they were punched, slapped and
kicked on various parts of their bodies during the
interrogation by police officials. They were also
blindfolded and electrocuted. Some of them were
put in a hole that was later filled with soil. They
admitted under force and pressure to being NPA
members and having attacked the military
barracks. On the night of 16 February 2006, police
officials, allegedly under the influence of alcohol,
By letter dated 24/04/06 the Government
reported that the same incident was taken up
by the 1503 procedure and that the official
reply of the Govenrment was conveyed to the
1503 secretariat.
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once again interrogated and ill-treated them.
Runden Berloize, the alleged leader of the group,
was able to escape that night. On 17 February
2006, he reached Baguio City where he went to
the Department of Social Welfare and
Development (DSWD) and the National Bureau of
Investigation (NBI) to ask for help. However, on
that same day, he was rearrested by the PNP
members, this time with a warrant of arrest and
taken to Benguet Provincial Jail in La Trinidad,
Benguet.
215.
09/11/06
JUA
WGAD;
HRD; IJL;
IND; TOR;
Ms Aprilyn Perido, aged 26, organizer of the
provincial chapter of the urban poor group
Kalipunan ng Damayang Mahihirap; Ms Eloisa
Tucay, aged 24, member of Abakbayan Youth
Group; Mr George Lavadia, aged 32, former
spokesperson of the Erap Resign Movement and
member of the AMA-Sugbo-KMU and Ms Sharon
Abangan, aged 33, member of the Panaghiusa
sa Gagmayng Mangngisda sa Sugbo, the
Salvador Bantay Dagat Association, and
campaign manager of the Anakpawis political
party. On 1 September 2006, Mr Lavadia and Ms
Abangan were arrested by the Police in Talisay
City on suspicion of being involved in subversive
activities”. The pistols, grenades, a laptop and
documents seized from them could have been
planted on them. Although the police at first
denied having arrested them, it was later
confirmed that they are being held
incommunicado in police custody. On 4
September 2006, Ms Perido and Ms Tucay were
arrested by the Philippines National Police
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Provincial Special Operations Group (PSOG) in
front of the Wesley Divinity Seminary School of
the United Methodist Church on Mabini Street,
Cabanatuan City. They were both detained
without any formal charge. Although the PSOG
initially denied having arrested them, officials later
confirmed that they were being held in custody.
They are being detained incommunicado.
216.
Follow-
up to
past
cases
A. B. I. (E/CN.4/2006/6/Add.1, para. 361).
By letter dated 31/10/06, the Government
reported that according to the Criminal
Investigation and Detection Group (CIDG), on
6 March 2006, Ms A. B. I., together with at
least twenty persons, rented the Anastacia
Mission Village Function Hall located at
Barangay Lumbayao, Aloran, Misamis
Occidental. The group of Ms A.B.I. introduced
themselves to the employees of the Anastacia
Mission Village as herbalists” who were
conducting a seminar on herbal medicine. On
08 March 2005, while the group was about to
leave the village compound, a panel truck
loaded with at least fifteen armed men forcibly
entered the compound and told the group wag
kayong m atakot, mga pulls kami, Ito lang ang
kailangan namin”. Then the armed men took
Ms A.B.I. and hurriedly left the place. When
interviewed to determine the involvement of
any police personnel in this case, the Police
Supt., the then Police Officer of the Criminal
Investigation and Detection Team (CIDT) of
Misamis Occidental, vehemently denied
involvement of any CIDT-CIDG personnel
under his command in the alleged illegal
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arrest, maltreatment, torture and sexual abuse
of Ms A.B. I. Further investigation is being
undertaken by ClOG to identify the suspects.
By letter dated 27/11/06, the Government
reported that Ms A. B. I. is among the co-
accused in Criminal Case No. 92-10-292 for
rebellion, which is pending before Regional
Trial Court Branch 23, Molave, Zamboanga del
sur.
217.
Qatar
9/02/06
JUA
SUMX;
TOR
Fahd ‘Abdullah al-Maliki, Salim Mubarak
Dahham, Mohammed ‘All al-Muhannadi,
Ibrahim Sa'ad Ismail, Khashan Salim al-Karabi,
Hamad ‘All Jahman, ‘Abdul Hadi Rashid al-
Shafia'a, ‘Abdul Hadi Jabir al-Rakib, Rashid
‘All al-'Arak -all Qatari nationals- Jabir Salih al-
Jallab, Jabir ‘All Anan, Hamad Mohammed
‘Abdu, ‘Abdul Hadi All al-Jaznah, Jabir Hamad
Jabir al-Jallab, Mohammed al-Mee'a Salih,
Rashid Nasir Alliwa'a, Fawaz ‘All al-Muhanadi,
and Wabran ‘All al-Yami, all Saudi Arabian
nationals. The 18 men named above have been
sentenced to death for their alleged involvement
in an attempted coup that did not cause any
casualties. They were arrested at different times
in the mid to late 1 990s for their involvement in a
failed attempt to overthrow the Government of the
Emir in 1996. All 18 men were sentenced to life
imprisonment at their trial before a lower Court in
February 2000, but after taking their case to the
Court of Appeal, they received death sentences in
May2001. Concern has been expressed that they
were sentenced to death following a trial that may
have fallen short of international fair trial
By letter dated 03/08/06, the Government
reported that the names of some of the
convicted persons are not correct.
The correct names are: Fahd Ali Abdullah
Jasim al-Maliki; Salim Mubarak Salim Dahman;
Mohammed Ali Mohammed Salman al-
Muhannadi; Ibrahim Sa'd lsma'il; Hashan
Salim Haziq al Karabi; Hamad Ali Jahman al-
Ghufrani al-Mirri; Abd al-Hadi Rashid Nasir
Shafi'ah al-Mirri; Abd al-Hadi Jabir Hadi al-
Rakib; Rashid Ali Jabir al-Araq al-Mirri; Jabir
Salih Jabir Jallab al-Mirri; Jabir Ali Jabir Anan
al-Awir al-Mirri; Hamad Mohammed Abduh Al-
Mirri; Abd al-Hadi Ali Hamad Hadhnah al-Mirri;
Jabir Hamad Jabir Jallab al-Mirri; Mohammed
Lami' Ali Salih Jahman; Rashid Nasir Ali al-
Liwa'; Fawaz Ali Mohammed Salman al-
Muhannadi; Buran Ali Ja'mal; and Buran Al
Kalib. Apart from Buran Ali Ja'mal and Buran
Al Kalib, who are Saudi nationals, and Rashid
Nasir Ali al-Liwa', who has his original Saudi
nationality (the nationality of his father), the
rest of the convicted men are Qatari nationals,
according to the documents attached to the
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standards. Following their arrest, many of the 18
case file. As for Fawaz Ali Mohammed Salman
men were held incommunicado until their trial
al-Muhannadi, he was sentenced to life
hearings began. Some of them alleged that they
imprisonment, not death. The conviction
had been tortured in order to force them to
handed down by the courts of first and second
“confess”.
instance were based on proper evidence that
satisfied all legal standards and had been
obtained from confessions which the
defendants had made against themselves and
each other. The confessions were made freely
and voluntarily before the court, and were
supported by witness testimony given at trial.
As for the statements which the defendants
made to the police during questioning, the
court did not accept them without being
perfectly convinced that they had been
obtained without any form of coercion or
duress. The court acted in accordance with
international standards relating to the
guarantee of a fair trial before ordinary courts
in accordance with Qatari laws, and not before
special or military courts. The court sessions
were attended by representatives of
international non-governmental organizations
such as the International Committee of the Red
Cross, attending as observers. The judgement
was final and cannot be appealed before any
judicial body. It remains for the Emir to
exercise his power to confirm the judgement or
grant an amnesty, as permitted by law.
The Qatari Constitution which entered into
force in June this year guarantees the right to a
fair trial and the prohibition of torture.
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218.
Republic of
Moldova
10/05/06
JUA
WGAD;
Food; IJL;
TOR;
Vitalil Kolibaba, previously held at the remand
centre (IVS) in Chisinau Central Police Station
and currently held at the remand centre (IVS) at 6
Tighina street in Chisinau. On 21 April 2006, he
was arrested at his home early and taken to
Buiucani District Police Station. On 25 April 2006
at Buiucani Police Station, three police officers
tied his arms to his legs, stuck a crowbar under
his elbows and hung him from the crowbar for 40
minutes and beat him about the head and neck
with a stool while suspended, until he passed out
from the pain. This was done to force him to
confess to having injured a policeman, which he
denies. After he was taken back to his cell, Vitalii
Kolibaba tried to commit suicide by cutting his
wrists. An ambulance was called and his wounds
were stitched, but the medics left him in the police
station. On 27 April, Vitalii Kolibaba was allowed
to see a la 'er for the first time since his arrest.
He told the lawyer that he had been tortured,
following which the lawyer filed a complaint with
the Prosecutor's office. When the police officers
from Buiucani District Police Station who had
tortured him found out that he had complained,
they beat him again. This time the three police
officers beat him on the head with a plastic bottle
full of water, so as to leave no marks, and
punched him in the kidney area. His lawyer is
allowed to meet him only in the presence of the
procurator or of the police officers. On 29 April
2006, Vitalii Kolibaba was taken for a forensic
medical examination. The examination was
carried out superficially in the presence of the
By letter dated 05/07/06, the Government
reported that with respect to the allegations
that he was subjected to beatings, torture and
inhuman treatment by oficers of the Buicucani
District Police Station, following careful
examination of the applications submitted by
his lawyer, the procurators of the Buiucani
District procurator's office concluded that the
arguments put forward were irrelevant, and
declined to initiate criminal proceedings on the
grounds that no offence had been committed
by the police officers. On 18 April 2006, at
around 2:30pm, while being pursued by the
police for having committed an offence, Mr
Kolibaba, acting out of contempt for law
enforcement officials and endeavouring to
escape arrest, unexpectedly struck a police
officer with a sharp object on his face and neck
causing him moderate bodily harm. Mr
Kolibaba thereupon disappeared from the
scene of the incident, without providing any
medical assistance or calling an ambulance.
On the basis of this evidence, on 26 April
2006, criminal proceedings were initiated
against Mr Kolibaba for an attempt on the life
of a police officer. On 21 April 2006, Mr
Kolibaba had been arrested for an
administrative offence committed prior to the
criminal offence mentioned previously, and
appeared before a judge, who sentenced him
to five days' administrative detention.
Subsequently, during the criminal proceedings
against him, Mr Kolibaba was held in
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three officers who had tortured him. The forensic
preventive detention and was released on bail
expert reported that there was no evidence of
on 15 May 2006. When Mr Kolibaba was
torture. Vitalii Kolibaba is taken to Buiucani District
examined by doctors in the emergency
Police Station every day for questioning. There
department at the hospital, and subsequently
are no facilities for providing food at Buiucani
by the court medical expert, no internal or
District Police Station, which means that he is
external injuries were found apart form a cut on
forced to beg food from other prisoners. In the
his right forearm, which he had himself inflicted
remand centre where he is currently held,
with a piece of metal while he was being held
prisoners are provided with hot water and bread,
in custody in order to mislead the procurator
but this food is inedible. The utensils are filthy and
and avoid criminal prosecution. The Buiucani
the bread is of very poor quality. All prisoners rely
District procurator's office submitted a report to
on packages brought by relatives. As he is not
the chief of police concerning the breach of
allowed to receive packages from his mother he
conduct by the officers responsible, who had
does not have access to adequate and sufficient
allowed Mr Kolibaba to get hold of a piece of
food.
metal while he was being held in custody. In
view of the foregoing, the Office of the
Procurator-General considers that the
circumstances and manner in which the
injuries were sustained were correctly
established by the procurators in the Buiucani
District procurator's office, Chisinau. No
evidence was found of the use of torture or ill-
treatment against Mr Kolibaba. Given these
circumstances, the position taken by the
lawyer is clearly untenable: his appeal to the
international organizations to take up Mr
Kolibaba's case is quite unwarranted and he is
surrounding the issue with a mass of
misinformation in the hope of winning his case.
Spreading reports of alleged gross violations of
human rights and freedoms in this way when
there is no substance to these allegations
harms the image of our country and of its law
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enforcement authorities in their efforts to fight
crime. At the same time, the increasingly
frequent use of such methods by the parties
concerned, before the criminal cases in
question have been dealt with by the national
authorities, is a cause of concern. It is a
dishonourable means of promoting private or
collective interests, which entails the evasion
of criminal responsibility and the exertion of
influence on legal authorities, involving them in
futile exercises and diverting them from their
core functions. In the light of the problem, the
Office of the Procurator-General has submitted
a report to the Bar Association so as to ensure
that such conduct will not be tolerated in the
future.
219.
19/07/06
JUA
HRD; IJL;
TOR;
Ms Ana Ursachi and Mr Roman Zadoinov,
lawyers. Ms Ana Ursachi and Mr Roman Zadoinov
are respectively the lawyers of Mr Kolibaba and
Mr Gurgurov (subjects of previously transmitted
communications). The two lawyers have worked
closely with human rights organizations on torture
cases. On 26 June 2006, the General Prosecutor
wrote a letter to the National Bar Association
accusing Ms Ursachi, and Mr Zadoinov of misuse
of position, which means that they could face a
maximum prison sentence of five years or a fine.
He referred to the urgent appeals issued in the
cases of Mr Kolibaba and Mr Gurgurov and
claimed that there was no evidence of torture in
either case. He blamed the irresponsible and
unfounded oppositional behavior of the lawyers
and asked the Bar Association to ensure that they
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Russian
Federation
use all possible means at their disposal to prevent
further damage to the interests of the sSate. On
28 June 2006, both lawyers were informed that
they faced criminal prosecutions for spreading
false information about human rights violations in
Moldova. Regarding Ms Ursachi, her client was
released after an urgent appeal launched by an
NGO. However, the publicity embarrassed the
General Prosecutor, who, in a letter to the NGO
on 9 March 2006, stated that the version of events
given in the urgent appeal did not correspond to
the reality, and gave a bad image of the State. No
action was taken against the alleged perpetrators
of torture. In the case of Roman Zadoinov, his
client was also released on bail after an urgent
appeal. At the end of May 2006, the General
Prosecutor's Office reported that no criminal case
would be started against the police officers
accused of torture.
Treatment of inmates and conditions of
imprisonment in YAV 48/T-1, Chelyabinsk
region, Verkhneuralsk. In the colony inmates are
regularly beaten and subjected to ill-treatment
including the wearing of humiliating bandages.
Also, inmates are forced to join internal
associations against their will. Their personal
belongings are routinely destroyed, broken and
ruined. The administration also facilitates
beatings, rapes and other inhuman treatment by
other prisoners (including raping with the help of
other objects such as bottles). Inmates are put in
punishment cells arbitrarily and held there for
several months. In those cells there are no toilets
By letter dated 12/05/06, the Government
reported that in 2005, prison officers at Federal
State institution YaV-481T-1 of the Central
Department of the Federal Penal Corrections
Service in Chelyabinsk Province
(Verkhneuralsk prison, hereafter Prison No. 1)
used physical force and special restraining
devices to prevent convicts from committing
unlawful acts, in accordance with Russian law.
The Chelyabinsk Procurator's Office
considered that, on this occasion, the use of
physical force and special restraining devices
were lawful and justified. An inquiry carried out
by the Maqnitoqorsk City Procurator for
220.
22/1 2/05
AL
TOR;
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and prisoners have to use large bowls as toilets,
monitoring due process of law in correctional
which remain in the cells until they are filled. Then
institutions found that prison officers at Prison
they have to carry them although they weigh
No. 1, had not breached the law. Six cases of
about 40 kg. In the punishment cells
self-mutilation by convicts were recorded at
preventative” beatings are common. Quarantine
this institution in 2005. In each case, the
cells, where persons are held for up to two weeks,
convicts received proper medical treatment. No
are located in the basement and conditions there
incidents involving fatal outcomes have been
are similar, with no toilets and no access to fresh
recorded at the prison. Prison food conforms to
water. Also, there are several bunkers, where the
the requirements of Ministry of Justice Order
prison administration hides inmates and mistreats
No. 125 of 2 August 2005 confirming standards
them. When prisoners file complaints about their
of nutrition and amenities for convicted
treatment, the administration regularly threatens
prisoners and suspects and accused persons
to kill them unless they withdraw them. In
held in remand prisons administered by the
September 2005 the administration announced
Federal Penal Corrections Service. Inmates
that special operations by OMON Special Forces
may receive parcels, hand-delivered packages
will be conducted if any additional complaints are
and packets in accordance with Russian law.
filed. Several cases of self-immolation to draw
An inquiry has failed to confirm allegations that
attention to the inhuman treatment have taken
parcels, hand-delivered packages and packets
place. Some of them have resulted in deaths (the
from convicts' relatives have not been passed
Special Rapporteur received information including
on to them via the prison's post room. In 2004-
the names and dates of death of three persons
2005, Magnitogorsk City Procurator's office
who died as a result of the treatment in the course
conducted 15 inquiries at Prison No. 1. No
of 2003 and 2004). No action was taken by the
convicts were found to have been unlawfully
administration in response to these cases. When
detained in disciplinary cells, nor were any of
the prisoners protested, a special action was
the punishments imposed on persons serving
conducted on 20 April 2004 by OMON Special
their sentence at the prison found to be
Forces, together with 300 staff members, where
unlawful. Searches, confiscations of convicts'
mass beatings took place. Food is insufficient and
personal items and the destruction of
of poor quality and often made of rotten
confiscated items and substances that
ingredients. Medical assistance is regularly
prisoners are not allowed to keep or use have
denied, in particular after beatings. Gifts from
been conducted in accordance with laws and
relatives are not handed over to inmates. When
regulations. In 2005 prison officers and
relatives come for visits, they are treated without
consolidated units carried out three prison-
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respect. When they complain, they are no longer
wide searches. Officers from the special
allowed to see their loved ones.The persons
assignments unit of the Central Department of
responsible for the systematic ill-treatment are the
the Federal Penal Corrections Service for
head of the regional prison service, Mr Zhidkov
Chelyabinsk Province and special forces militia
and his deputies, Mr Nezamedinov and Mr
officers were not requested to take part in
Shimov. In response to the treatment described
search operations at the prison. Pursuant to
above, which is reported to have been systematic
article 79 of the Penal Enforcement Code,
in the colony, prisoners filed complaints with the
convicts arriving at the prison are housed in
regional Prosecutor, but they do not know of any
quarantine cells for up to 15 days. During this
investigation into the allegations.
time, they are held in normal prison conditions.
The amenities and sanitary facilities in these
cells meet required standards. There is no
centralized sewage system in the cells located
on the ground floor of the secure wing of the
disciplinary unit owing to the proximity of
groundwater. In 2005, therefore, 23 special
cells were fitted out on the second and third
floors of the disciplinary unit that meet all
requisite standards in terms of amenities and
hygiene. Reports of “bunkers” or “punishment
cells” have not been confirmed, either in
conversations with convicts and prison officers
at Prison No. 1, or in the context of prison
visits. At interviews with convicts on personal
matters (which are conducted in private), no
allegations of cruel treatment by prison officers
have been borne out by facts. Complaints and
communications from convicts are dealt with in
accordance with current legislation. A survey
conducted among the convicts has indicated
that prison officers do not prevent them from
filing complaints or making statements.
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221.
02/03/06
JUA
WGAD;
IJL; TOR;
isa Gamaev and Mekhti Mukhaev, aged 47, a
farmer from the Itum-Kali region of the Chechen
Republic. On 10 December 2005, Isa Gamaev
was detained in the city of Na lchik in the Republic
of Kabardino-Balkaria, in connection with
allegations that he was involved in the conflict in
Chechnya. He was detained for three days in
Na lchik. He was then transferred to Khankala, the
headquarters of the Russian armed and security
forces in the North Caucasus, where he remained
for approximately 10 days. He was then
transferred to another unknown place of
detention. Isa Gamaev has alleged that he was
tortured in all three places of detention, including
by electric shock treatment. While under duress,
he made a statement to the security forces about
his alleged participation in armed opposition
groups and named Mekhti Mukhaev as a member
of an armed group. In late December 2005 or
early January 2006, Isa Gamaev was transferred
to the Interior Ministry's Operative and Search
Bureau, known as ORB-2, in the Chechen capital
of Grozny, and from there to the pre-trial detention
centre (SIZO 1) in Grozny, where he was able to
send a letter to a non-governmental organization
about his treatment in detention. He subsequently
withdrew his “confession”. On 5 or 6 February
2006, Isa Gamaev was again taken to ORB-2,
where he was allegedly threatened with rape if he
refused to uphold his confession”. On 30
December 2005, Mekhti Mukhaev was arrested in
the town of Gikalo, near Grozny. At about lam, a
By letter dated 21 /06/06, the Government
reported that Isa Gamaev has, since the spring
of 2003, been an active member of illegal
armed formations, having transferred to the
armed group led by Tarkhan Gaziev from the
armed gang led by Doku Umarov. On 24
December 2005, he was arrested in Na lchik on
suspicion of having committed offences under
article 209 (Banditry), paragraph 2, article 208
(Membership of an illegal armed formation)
and article 317 (Attempt on the life of a law
enforcement officer) of the Criminal Code of
the Russian Federation. On 24 December
2005, by a decision of the Zavodsk District
Court in Grozny, Chechen Republic, he was
remanded in custody as a preventive measure.
On 30 December 2005, Mr Gamaev was
taken to pretrial detention centre No. 1
(SIZO-1) of the Russian Federal Penal
Correction Service for the Chechen Republic.
During his detention in SIZO-1, Mr Gamaev
was, pursuant to decisions of the investigator
attached to the procurator's office of the
Chechen Republic, transferred on five
occasions to the temporary holding facility of
the Operative and Search Bureau No. 2 (ORB-
2) of the Central Administration of the Ministry
of Internal Affairs of the Russian Federation for
the Southern Federal District. Mekhti
Makhmudovich Mukhaev has been an active
member of Doku Umarov's armed group since
2000. On 13 January 2006, Mr Mukhaev was
arrested on suspicion of having committed
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group of men in masks and camouflage uniforms
offences under article 209, paragraph 2, article
broke into the house where he was staying and
208, article 317 and article 105 (Murder) of the
took him to the Regional Police Department
Criminal Code. By a decision of 13 January
(ROVD) in Itum-Kali, where he was charged with
hooliganism. The basis for the charge is not
known. From there he was taken to the Regional
Police Department of the Police in the Chechen
town of Shatoi, where he was interrogated. During
the interrogation, police officers beat him and
threatened to shoot him while showing him
pictures of various people whom they wanted him
to identify. After ii days in detention at the ROVD
in Shatoi, he was transferred to the Interior
Ministry's Operative and Search Bureau, known
as ORB-2, where his interrogation continued. He
was subjected to electric shock treatment and his
arms and legs were bent back into painful
positions. He was beaten with truncheons and
2006, of the Zavodsk District Court in Grozny,
Chechen Republic, he was remanded in
custody as a preventive measure. On 18
January 2006, Mr Mukhaev was transferred to
SIZO-1 of the Russian Federal Penal
Correction Service for the Chechen Republic.
From ito 2 February 2006, he was held in the
ORB-2 temporary holding facility pursuant to a
decision of the investigator attached to the
procurator's office of the Chechen Republic.
During their time in the pretrial detention
centre, Mr Gamaev and Mr Mukhaev did not
address any complaints to the administration of
the centre, and their state of health was
assessed as satisfactory. On 3 February 2006,
Mr Gamaev and Mr Mukhaev submitted
was threatened that he would disappear” if he did
applications, through the administration of
not confess to being a member of an armed
SIZO-i, to the procurator's office of the
opposition group. He reportedly lost
Chechen Republic, claiming that they had
consciousness several times. On 18 January
been subjected to illegal methods of
2006, Mekhti Mukhaev was transferred to the pre-
investigation in the Shatoi District Internal
trial detention centre (SIZO 1) in Grozny. After
Affairs Office and the ORB-2 of the Central
almost three weeks of incommunicado detention,
Administration of the Ministry of Internal Affairs
he was granted access to a lawyer and his
of the Russian Federation for the Southern
relatives learned about his whereabouts. When
Federal District. Communications from the
his relatives visited him, he complained about
headaches, pain in his legs, his lungs and his
kidneys. Mekhti Mukhaev told his lawyer that after
eight or nine days of ill treatment he had decided
to admit” to having given food and shelter to
procurator's office of the Chechen Republic
indicate that this information was not
independently confirmed. It was therefore
decided to refuse the application for the
institution of criminal proceedings. By letter
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members of an armed opposition group. While
dated 21/08/06, the Government reported that
detained in the SIZO, Mekhti Mukhaev retracted
the admissibility of the evidence gathered will
his confession”. On 1 February 2006, Mekhti
be subjected to a legal evaluation. The reports
Mukhaev was returned to ORB-2, where security
forces personnel beat him with a chair and with
their fists, and kicked him, in order to force him to
repeat his confession”. He was returned to the
SIZO the following day. Mekhti Mukhaev was
charged on 8 February 2006 with banditry (Article
209 of the Russian Criminal Code). There is
concern that both men are at risk of torture or ill-
treatment in order to force them to uphold their
previous confessions”.
that l.M. Gamaev and M.M. Mukhaev were
subjected to illegal methods of investigation
have been checked by the Procurator's Office
of the Chechen Republic under articles 144
and 145 of the Code of Criminal Procedure of
the Russian Federation. On the basis of the
results of that verification, on 9 February 2006
the Procurator's Office of the Chechen
Republic decided not to institute criminal
proceedings. The report on the checks was
studied at the Office of the Procurator-General
of the Russian Federation, and there are no
grounds for overturning that decision. It has
been ascertained that on 30 December 2005,
M.M. Mukhaev was detained in the Itum-Kali
District Internal Affairs Office in the Chechen
Republic in connection with his possible
membership of illegal armed formations,
following which he was released the same day.
According to the conclusions of forensic
experts, M.M. Mukhaev shows no sign of
physical harm. l.M. Gamaev and M.M.
Mukhaev were held in Institution IZ-21/1 of the
Federal Penal Correction Service for the
Chechen Republic throughout the investigation
period. They were transferred to a police
holding facility for the purposes of the
investigation in accordance with the legislation
in force. According to information from the
directors of the provisional joint group of
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divisions and subdivisions of the Ministry of
Internal Affairs of the Russian Federation, l.M.
Gamaev was not taken to Khankala, and was
not the subject of any search activities. In
order to verify this information further, in
accordance with the legislation on criminal
procedure, on 6 May 2006, materials were
taken from the file on the aforementioned
criminal case and sent to the Office of the
Procurator of the Grozny District of the
Chechen Republic. l.M. Gamaev's allegation
regarding the illegal actions of law enforcement
officials in the towns of Na lchik and Khasavyurt
were also checked by the procurators' offices
of those towns, under articles 144 and 145 of
the Russian Code of Criminal Procedure. The
evidence collected was studied at the Office of
the Procurator-General of the Russian
Federation, and the decisions not to institute
criminal proceedings were found to have been
premature. The evidence has been returned
for further checks, the outcome of which is
being monitored by the Office of the
Procurator-General of the Russian Federation.
222.
07/04/06
UA
TOR;
Bayramali Yusupov, Uzbek national detained in
Tyumen who is at risk of extradition to Uzbekistan.
On 3 April the Tyumen regional court's civil
chamber upheld the decision of the Central
District Court of Tyumen not to examine the
appeal of Yusupov against the refusal of refugee
status. In March 2006 the Federal Procuratura
had decided on his extradition, a decision
Yusupov appealed. The extradition appeal is
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currently being examined by the same regional
court in Tyumen. Uzbek authorities are
questioning him in connection with his religious
and political convictions. He was questioned in
1999 by the Uzbek security services in connection
with allegations that he was a “Vakhabit” (member
of a group considered extremist” in Uzbekistan)
and that he intended to create an Islamic state.
He left for Russia in November 2003 fearing re-
arrest after the police had made several phone
calls to his parents, asking them to inform the
police about his whereabouts.
Umaev l lman, 22 years, Umaev Anzor, 33 years
and Umaev Issa, 52 years. On 18 April at 5am,
these three persons together with Ilman Umaev's
wife, Madina Umaeva, were arrested in Sayasan
Village, Nozhay-Yurtovskii District, Chechnya, in
the house of Ilman Umaev by a division of fighters
called “Groza”. During the arrest, Issa Umaev was
badly beaten and Anzor Umaev sustained grave
injuries. Around 4 pm the same day, Ilman and
Anzor Umaev were found dead at a crossroad
close to Sayasan Village. They had been treated
as if they were separatists. The remaining two, the
father and wife of one of the victims, were
released.
By letter dated 24/11/06, the Government
reported that on 18 April 2006, in the
settlement of Sayasan, in the Nozhai-Yurt
District of the Chechen Republic, during the
conduct of a targeted check, officers of the
Ministry of Internal Affairs of the Chechen
Republic came up against resistance from I.E.
Umaev and A.A. Umaev, members of an illegal
armed gang. During the armed clash, two
police officers were wounded. Firearms and
other munitions were seized at the place of the
encounter. In response to this assault on the
lives of law enforcement officers, on 18 April
2006 the Nozhai-Yurt District Procurator's
Office in the Chechen Republic instituted
criminal case No. 62007 on the evidence of the
commission of an offence under article 317 of
the Criminal Code of the Russian Federation
(Attack against the life of a law enforcement
officer). A.A. Umaev and I.E. Umaev were
arrested and transferred to the town of
223.
21 /04/06
JAL
SUMX;
TOR;
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Gudermes in the Chechen Republic, where
they agreed to reveal their stash of weapons.
Later that same day they were escorted by
internal affairs officers of the Chechen
Republic to the outskirts of the settlement
Sayasan for the purposes of verifying evidence
at the scene of the offence. During the
inspection of the scene, A.A. Umaev picked up
a grenade and tried to throw it at the police
officers. The latter, acting both to prevent an
explosion and to stop their detainees from
escaping, opened fire with their standard-issue
weapons, inflicting gunshot wounds on both
A.A. Umaev and I.E. Umaev, from which both
men later died on the spot. In response to this
incident, on 12 May 2006, the Procurator's
Office of the Chechen Republic instituted
criminal proceedings on the basis of evidence
of the commission of offences under article
105, paragraph (a) (Murder) and article 286,
paragraphs (b) and (c) (Exceeding official
authority) of the Criminal Code of the Russian
Federation. A range of investigative actions
and detective work is currently being carried
out. In addition, an in-house inquiry is being
conducted by the internal security office in the
Ministry of Foreign Affairs of the Chechen
Republic relating to the death of the Umaevs.
224.
19/05/06
JUA
WGAD;
RINT;
TOR;
Abdu Salim Navruzov, Sakhabuddin Tursunov,
Tajik nationals, three unidentified Russian
nationals and four unidentified Tajik nationals.
At approximately 630am on 7 May 2006, armed
men in masks with automatic weapons and pistols
By letter dated 21 /08/06, the Government
reported that the Procurator's Office of Lenin
Administrative District in the city of Tyumen
carried out an investigation into the arrest of
the above-mentioned individuals on 7 May
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entered the city mosque on Matmasovskaya
2006 during a passport check in Tyumen
Street, in Tyumen City, during morning prayers.
mosque, as a result of which no violations
The men said that they were members of the
were found to have been committed by the law
Federal Security Service (FSB) and told Abdu
enforcement officials who conducted the
Salim Navruzov, Sakhabuddin Tursunov and the
arrest. By a decision of Kalinin District Court in
seven other individuals in the mosque to show
the City of Tyumen, A.S. Navrusov, a citizen of
them their ID cards. The FSB members physically
Tajikistan, whose residence permit had expired
threatened them and forced them to get into a
on 24 May 2006, was deported from the
bus, which drove them to Tyumen City Police
Russian Federation pursuant to article 18,
Station No.2. At the police station, they were
paragraph 8, of the Code of Administrative
forced to face the wall and were forbidden to
Offences of the Russian Federation. Reports
speak. They were taken one by one to an office
on offences under the Code of Administrative
where they were interrogated about who financed
Offences were drawn up in respect of the
the mosque and why they attended the mosque.
remaining citizens pursuant to article 18,
The FSB members demand that they stop
paragraph 8, of the Code, after which they
attending the mosque and agree to cooperate.
were released. The deputy military procurator
They also threatened that if they refused to
of Tyumen military base, having considered
cooperate, they would plant narcotics on them
the case file regarding the police activities
and bring false charges against them. The three
(passport checks) which took place on 7 May
Russian detainees were subsequently released.
2006, decided not to institute criminal
However, the six Tajik detainees were taken to a
proceedings against the personnel of the
bus at gun point. They were made to lie on the
Russian Federal Security Service office for
floor in the bus and taken to the Lenin Regional
Tyumen oblast, on the grounds of lack of
Ministry of Interior office in TumenThere, Abdu
evidence that a crime had been committed.
Salim Navruzov, whose residence permit had
expired, was taken away somewhere. When the
other five individuals asked where he had been
taken, they were told, Soon you will see him in
heaven.” The FSB members then counted their
bullets in front of the detainees and discussed if
they had enough bullets for all of the detainees.
The whereabouts of Abdu Salim Navruzov are still
unknown. The remaining five Tajik nationals were
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taken in a bus to forest near the village of
Antipino. As they were getting out of the bus, the
FSB members told them to be happy and smile
because they were going to meet with Allah. One
of them, Sakhabuddin Tursunov, was subjected to
a mock execution by one of the FSB members
who forced him to his knees, put a pistol put to his
head and clicked the trigger. The FSB members
demanded that the men stop going to the mosque
and stop praying, and threatened them with death
if they went to the mosque. They then forced them
to run into the forest and aimed their guns at them
and clicked the triggers as they ran away .
Sangariev Arthur Sultanovich, aged 30, trader
at the central market of Grozny. On 17 July 2006,
he was arrested by servicemen of an unidentified
law enforcement agency on charges of murder of
a policeman at his flat in Mir Street. For several
days he was kept in custody at the local police
office of Grozny's Leninsky District and then
transferred to the investigation isolator of Grozny.
During detention he has been subjected to severe
violence in order to force him to confess to the
murder of an OMON policeman in 2002.
By letter dated 29/09/06, the Government
reported that on 18 July 2006, A.V. Sangariev,
5.5. lsmailov and R.P. Yunusov were detained
and questioned on suspicion of having
committed the murder of R.S. Khalidov and
K.Z. Khasbulatov, a SWAT team attached to
the Ministry of Internal Affairs of the Chechen
Republic. They confessed to having murdered
Mr Khalidov and Mr Khasbulatov. A
reconstruction was conducted and video-
recorded at the scene of the crime on
19 July 2006, during which Mr Sangariev
simulated his actions and those of his
accomplices. Mr Sangariev made a full
confession, stating that on 28 June 2006,
together with 5.5. lsmailov and R.P. Yunusov,
he had used an automatic weapon to kill Mr
Khasbulatov and Mr Khalidov in the basement
of 22 Mir Street, Grozny. The motive for the
murder was lonq-established ill feelinq. All
225.
04/08/06
UA
TOR;
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investigative actions involving Mr Sangariev
were conducted in accordance with the law
and in the presence of defence counsel.
During the preliminary investigation, neither Mr
Sangariev, nor his defence counsel, nor his
relatives made any complaints or reported any
unlawful actions on the part of law enforcement
officials. On 17 August 2006, Mr Sangariev
was transferred from the Department of
Internal Affairs temporary holding facility in
Zavodsk District, Grozny, to remand centre
20/1, where he is currently being held. The
Russian Federation has no information
indicating the involvement in this case of an
individual named Artur Sultanovich Sangariev.
226.
07/08/06
AL
TOR;
Brechalov Evgeniy, aged 23, currently in
Vyselkovskiy District Investigation Isolator (SIZO).
Starting from 6 March 2006, he was held in
Tikhorecki Investigation Isolator (SIZO) in
Krasnodar Kray, from which he was taken to the
fields every day by Ministry of Interior personnel
who beat him to obtain a confession, which he
signed. As a result, he fell sick and caught a fever,
but was denied access to medical treatment. The
first defence lawyer was intimidated by law-
enforcement personnel and withdrew from the
case. The new defence lawyer has received
repeated threats as well. Mr Brechanov's parents
were told that their son would not be beaten any
more if they paid money to the officials. They filed
complaints with the Prosecutor's Office and the
Ministry of Interior, but no action ensued.
By letter dated 26/09/06, the Government
reported that Mr Brechalov was arrested on
7 March 2006 in Moscow and transferred into
police custody in the town of Tikhoretsk for the
purposes of investigation. In the course of the
pre-trial investigation, it was established that
Mr Brechalov had committed a robbery and 11
thefts in the Vyselki District of Krasnodar
territory as a member of an organized group.
On 11 May 2006, Mr Brechalov complained to
the Procurator's Office for Krasnodar territory
that while he was being held in police custody
in Tikhoretsk, officers of the Organized Crime
Department of the Central Internal Affairs
Administration of Krasnodar territory,
threatened to subject him to physical violence
and make his time in custody unbearable.
An investigator in the Tikhoretsk Inter-District
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Procurator's Office decided on 8 June 2006 not
to institute criminal proceedings, on the
grounds that no offence had been committed.
That decision was overturned by the
Tikhoretsk Inter-District Deputy Procurator on
21 July 2006. Mr Brechalov was sent for a
medical examination. According to the report
submitted on his results, an injury was found in
the form of an abrasion to the radiocarpal area,
not causing harm to his health. An official from
the Procurator's Office questioned the chief
investigation officer of the investigative section
attached to the Vyselki District Internal Affairs
office, who explained that, in the course of
investigation, no complaints had been received
from Mr Brechalov that unlawful methods had
been used on him by militia personnel. His
lawyers confirmed the testimony and explained
that they had conducted the defence of Mr
Brechalov during the investigations that were
carried out with his participation. In their
presence, Mr Brechalov had voluntarily made
a confession. They had seen no physical
injuries on their client; he denied that physical
or psychological pressure had been used, nor
did he make any complaints about the actions
of the militia personnel. On 3 August 2006, a
further decision was taken not to institute
criminal proceedings on the grounds that the
actions of the investigators had not constituted
an offence. This decision was overturned on
31 August 2006 and the files were returned for
additional investigation.
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227.
08/08/06
JUA
WGAD;
TOR;
Askhab Betigov, Islam Khatsuev, Abdulla
Khatsuev and Mr Suleymanov, all from
Serzhen-Yurt, Shall District of the Chechen
Republic. On 19 June 2006, they were arrested
by security forces of the Russian Federation, and
were transferred to an unofficial detention center
in the area of Kurchaloy. They were all subjected
to brutal beatings in order to extract confessions,
As a result, they had their ribs and jaws broken.
Afterwards they were brought to an official
detention center at the Shall Police Office and
charged with being involved in activities of
Chechen combatant groups.
By letter dated 28/09/06, the Government
reported that on 16 June 2006, at the
settlement of Serzhen-Yurt in Shalin District in
the Chechen Republic, officers of the Kurchalol
and Shalin District internal affairs offices
discovered caches of weapons and
ammunition in the grave of 1K. Khatsuev in a
village cemetery, in a derelict house and in the
compound of A.O. Bedigov located at 96, A.
Sheripov Street. In response, on 21 June 2006
the investigative unit of Shalin District Internal
Affairs Office opened criminal case No. 56580
on the basis of evidence of an offence under
article 222, part 1, of the Criminal Code of the
Russian Federation (Unlawful acquisition,
transfer, supply, storage, transport or carriage
of weapons, munitions, explosive substances
or explosive devices). l.R. Khatsuev, A.K.
Khatsuev and A.O. Bedigov were detained the
same day on suspicion of committing the
above offence. On 23 June 2006, on the
application of the investigators, Shalin City
Court in the Chechen Republic ordered the
remand in custody of l.R. Khatsuev, A.K.
Khatsuev, A.O. Bedigov and 1.1. Suleimanovas
a preventive measure, and on 1 July 2006 they
were charged with offences under articles 222
and 208 of the Criminal Code of the
Russian Federation. 1.1. Suleimanov was
charged only under article 208. On the
conclusion of the investigation, the criminal
proceedings against 1.1. Suleimanov were
halted on 10 July 2006 in accordance with
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article 28 of the Code of Criminal Procedure of
the Russian Federation, as he had displayed
genuine remorse. On 28 July 2006 the case
with a bill of indictment against the other
accused was sent to the court for consideration
of the merits. On 6 July 2006, during the
course of the investigation, the Shalin District
procurator's office received a message from
the lawyer alleging that unlawful methods of
investigation had been used by militia
personnel during the investigation on the
criminal case relating to his client 1.1.
Suleimanov. In this connection the district
procurator's office carried out checks, during
which the points raised by the complainant
were not confirmed. Consequently, on 8 July
2006, on the basis of article 24, part 1, of the
Code of Criminal Procedure of the Russian
Federation it was decided not to institute
criminal proceedings for lack of evidence that
an offence had been committed.
228.
09/08/06
UA
TOR;
lsmoilov llhomjon Gulomovich, Makhmudov
Obboskhon Zakir'jahanovich, Usmanov
Iskandarbek Mamadalievich, Ulughodjaev
Sardorbek Kama lhan ugh, Muhamadsobirov
Abdurrauf Abdu lhapizovich, Muhametsobirov
Izzatullo Abdu lhapizovich, Kasimhujayev
Kabul Ahimdjanovich, Rustamhodjaev Mahmud
Rustamovich, Ahimov Umarahi Sharipjanovich,
Sabirov Shkrullo Nadjimitdinovich, Naimov
Rustam Yakubjonovich, Hamzaev Hurshid
Hamrahievich, all citizens of Uzbekistan and
recognized as refugees by UNHCR, and
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Marmirzhon Tashtemirov, citizen of Kyrgyzstan.
They were the subject of a previously transmitted
communication (see E/CN.4/2006/6/ add. 1, para.
386), to which responses were received,
mentioning that the Government of Uzbekistan
has provided diplomatic assurances that these
persons will not be subjected to torture in case of
extradition. On 31 July 2006, the Office of the
Procurator General of the Russian Federation
announced its decision to extradite the 13 above
mentioned men detained in Ivanovo region since
June 2005. The authorities of Uzbekistan have
requested their extradition on the basis of
accusations that these persons were members in
a banned movement called Akramia, have
financed “terrorist” activities and, in particular,
have been involved in the events in Andijan on 13
May 2005.
229.
12/10/06
JAL
FRDX;
HRD;
TOR;
On 7 October 2006, journalist and author Anna
Politkovskaya, was killed in her apartment
building in Moscow. She was one of the leading
journalists on Chechnya, known for her
independent reporting on human rights violations
against civilians in Chechnya. She also published
several books about Chechnya and on the
political situation in the country. Well-known and
appreciated in Russia and abroad, she won
several international awards for her commitment
to human rights and her professional activity. Ms
Politkovskaya repeatedly faced intimidation and
harassment, and was detained and threatened on
several occasions, including in Chechnya. She
often received death threats. Grave concerns are
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expressed that Ms Politkovskaya was killed
because of her legitimate activities in defence of
human rights, i.e. her continuous denunciation of
human rights abuses committed by Russian
forces and their Chechen allies through two wars
in Chechnya. In particular, the Special Rapporteur
on torture, in view of his planned mission to the
Russian Federation, with one of its focuses being
on the Republic of Chechnya, expresses his
concern that she may have been killed in
connection with a report she was to have filed in
relation to torture and disappearances in
Chechnya.
230.
13/09/06
JAL
RINT;
TOR;
VAW;
M. S., aged 23, from Argun, Chechnya. On 19
March 2006, she was detained by local law
enforcement officers, following allegations by her
husband that she had committed adultery with a
serviceman of Christian faith. She was taken to a
law enforcement compound in Argun where she
was beaten, while being told Turn around and be
condemned by Allah”. Her eyebrows and head
were shaved and her scalp was painted green,
the colour associated with Islam. A cross was also
smeared on her brow. She was ordered to strip,
and beaten with wooden rods and hoses on her
buttocks, arms, legs, hands, stomach and back.
She was forced to confess to being unfaithful and
then taken to her husband's home and made her
dance before her neighbours while they verbally
insulted her. Several of the law enforcement
officials kicked her. On 21 March 2006, she
suffered a miscarriage. The local authorities
initially failed to investiqate the events, despite the
By letter dated 28/12/06, the Government
reported that on 18 March 2006, when M. S.
underwent a medical examination at the
Central District Hospital in Shah, scars on her
face, hands and back and a concussion were
detected. On the same day, the police received
reports that she had been abducted.
Consequently, the Prosecutor of Argun
investigated the case. During the course of this
investigation Ms S. explained that she had not
been abducted, that she had not been
subjected to any physical or moral pressure
and that she had sustained the injuries as a
result of unhealthy family relations. She never
complained about her injuries to the police.
Therefore, on 7 May 2006 the Prosecutor of
Argun refused to open a criminal case by
reason of absence of a crime” (art. 24, para 1
(1) of the Criminal Procedure Code). However,
given the numerous contradictions in
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fact that they had been recorded on mobile phone
videos, and widely circulated in the region. On 29
August 2006, the Chechen Premier, Ramzan A.
Kadyrov, stated that he had ordered the Chechen
Interior Ministry to investigate the events.
testimonies of the persons involved and of eye-
witnesses and allegations of wrong-doing by
police officers, the case has been referred to
the Republican Prosecutor, following which, on
16 October 2006, on the basis of the statement
of Ms S. a criminal case was opened with
reference to art. 117, para e (2) of the Criminal
Code of the Russian Federation (harassment
by a group of persons).
231.
15/09/06
JAL
IJL; RINT;
TOR;
Ravil Gumarov and Timur lshmuratov, two
former detainees at Guantãnamo Bay, Cuba.
Ravil Gumarov and Timur lshmuratov were the
subject of an urgent appeal sent to the
Government by the Chairperson-Rapporteur of
the Working Group on Arbitrary Detention on 27
May 2004. In February 2004, Ravil Gumarov and
Timur lshmuratov, along with five other Russian
citizens, were returned from Guantãnamo Bay to
Russia. In April 2005, they were arrested in
connection with a pipeline explosion in Tatarstan
in January 2005. In detention, interrogators pulled
hairs from Ravil Gumarov's beard and forced
vodka down his throat, which is a particularly
offensive form of ill-treatment for abstinent
Muslims, in an effort to force him to confess.
Interrogators warned Timur lshmuratov that they
would call in his pregnant wife for questioning and
could not guarantee the safety of the foetus. Both
men confessed to the crime during the
investigation, but subsequently withdrew their
confessions in court. In September 2005, a jury
unanimously acquitted them and a third
defendant, Fanis Shaikhutdinov, of the charges
By letter dated 28/12/06, the Government
reported that the investigation into the pipeline
explosion in Tatarstan in January 2005 was
conducted by Republican prosecutors together
with the Federal Security Service. During the
investigation, several complaints about illegal
acts by law-enforcement agents in relation to
Ravil Gumarov, Timur lshmuratov, Rustam
Hamidullin and Ildar Valeev were filed with the
Republican Prosecutor's Office, but the
investigations conducted by the Republican
Prosecutor did not confirm these allegations. In
September 2005 a jury trial took place, before
which Rustam Hamidullin and Ildar Valeev
retracted their earlier confessions and were
acquitted. The Republican Prosecutor
appealed the acquittal and the Supreme Court
of the Russian Federation annulled the
sentence and sent the case back for additional
investigation. On 12 May 2006, the Supreme
Court of the Russian Federation, on the basis
of the sentence of the Supreme Court of the
Republic of Tatarstan, sentenced Mr Gumarov,
Mr Shaikhutdinov and Mr lshmuratov to
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against them. However, prosecutors
respectively 13 years, 15 years and six months
subsequently got approval from the Russian
and 11 years and one month of imprisonment.
Supreme Court to annul the verdict so that the
They were found guilty of terrorism, i.e. to have
three could be tried again for the same crime. On
collectively committed the explosion, which
5 May 2006, the defendants were convicted of
constituted a deadly risk to people, did
terrorism and illegal possession of weapons or
considerable damage to property and had
explosives (Articles 205 and 222 of the Russian
other dangerous consequences for society,
Criminal Code). They were also ordered to pay
with the aim of destroying public security,
damages of about U.S. $2,000 for property
spreading fear among the population,
damage. Ravil Gumarov was sentenced to a term
influencing the decision-making of the
of 13 years, and Timur lshmuratov to 11 years and
authorities and several other crimes. By
one month. The third man, Fanis Shaikhutdinov,
decision of the chamber for criminal affairs of
received 15 years and six months. According to
the Supreme Court of the Russian Federation
the information received, another suspect had
of 29 November 2006 the sentence was
confessed to carrying out the crime in July 2005,
reduced to 10 years and six months of
however, the defence lawyers for the three men
imprisonment for Mr Shaikhutdinov, nine years
were never informed of this confession. All three
for Mr Gumarov and eight years and one
have appealed their convictions to the Russian
month for Mr lshmuratov. The appeal of the
Supreme Court. Two witnesses in the trial were
three convicts was rejected.
detained and beaten to force them to testify
against the defendants. On 31 March 2005, Timor
lshmuratov's brother, Rustam Hamidullin, was
detained by the Tatarstan Organized Crime Unit at
his Aunt's house in Nefteyugansk, in Khanti-
Mansiisk Province. Police held him for several
days at Nefteyugansk Police Station and beat him
while he was handcuffed to a radiator to coerce
him to admit that he had witnessed preparations
for the crime. Police then took him on the train to
Tatarstan. Rustam Hamidullin was ill-treated
during the two-day train trip. On 1 April 2005,
Ildar Valeev, another witness for the prosecution,
was called in for questioning to the Organized
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Crime Unit in Almetievsk, Tatarstan. He was
subsequently sentenced to five days'
administrative arrest for swearing in a mosque. He
was held in an investigation cell in Bugulma,
where he was stripped, beaten and subjected to
threats and psychological pressure until he agreed
to sign a statement saying he had witnessed the
explosion. He was released on 27 April 2005.
Both Rustam Hamidullin and Ildar Valeev
withdrew their statements at the trials .
Krasnokamensk Prison Camp YG 14/10, Chita
Region, Siberia. The Krasnokamensk prison is
situated near a uranium mine that has
contaminated the area with radioactive waste.
Concentrations of radioactive elements exceed
appropriate safety levels, and spills from storage
centers enter ground waters and migrate towards
drinking water reservoirs. As a result, inmates are
at risk of radiation poisoning. Further, as a result
of the prevailing unsanitary conditions, inmates
suffer from tuberculosis, and in 2005, two inmates
died, one of dysentery due to leakage of sewage
into the prison water supply, and the other of
gangrene. Moreover, article 73 of the Russian
Criminal Penitentiary Code stipulates that except
under extraordinary circumstances, prisoners
serve their terms of deprivation of liberty on the
territory of subjects of the Russian Federation
where they reside or were convicted. In violation
of this, there are reportedly prisoners, such as
Mikhail Khodorkovsky who is serving an eight-
year prison sentence for tax evasion, who are
sent to the prison camp, thousands of kilometers
By letter dated 30/11/06 the Government
replied that Krasnokamensk colony 1K- b is
located close to the town Krasnokamensk, only
at approximately 800 meters from the closest
residential houses. The closest uranium mine
is 12 km away from the town and 15 km from
the colony The level of radiation is regularly
controlled by the responsible authorities. In
January and April 2006, when the Department
for Environmental Protection of the joint stock
company Priargun metallurgical-chemical
production association” conducted controls, the
radioactivity was at 0,10-0,16 p of contaminant
particles/hour (the norm is 0,35 p of
contaminant particles/hour). The figures
provided by the Centre for Hygiene and
Epidemiology of Krasnokamensk show that the
level of radioactivity was 0,10 — 0,26 p of
contaminant particles/hour (control n. 265).
Also, additional tests conducted in October
2006 (control n. 72) showed that the level of
radioactivity did not exceed the permissible
levels (0,17-0,20 p of contaminant
232.
19/09/06
AL
TOR;
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from their families.
particles/hour on the eastern side of the colony
and 0,15-0,18 on the southern side).
The drinking water supplying 1K- b and the
town of Krasnokamensk stems from an
artesian well situated at a distance of
approximately 30 km from the town. According
to the figures of the Centre for Hygiene and
Epidemiology of Krasnokamensk the amount
of uranium in the drinking water constitutes
0,4-1,26 Bq/l (permissible level: 3,1 Bq/l). No
uranium leakages have entered ground waters
or migrated towards drinking water reservoirs.
In 2005 and 2006, 12 andl4 persons
respectively suffered from tuberculosis in 1K-
10. Since the abolition of a tuberculosis unit in
2005 (in connection with a sharp fall in cases
of tuberculosis), persons suffering from
tuberculosis have been transferred to a
specialized medical institution. In October
2006, 1035 persons were being held in 1K- b
(capacity: 1498), out of whom three had
undergone tuberculosis treatment, but were
completely cured.
The sanitary conditions of the living quarters
have been found satisfactory by the Sanitary-
epidemiological service of the Penitentiary
Administration of Chitinskiy Region.
In 2005 two convicts held in 1K-b died: V A.
Fedorov from coronary insufficiency, and S. E.
Yazshin from salmonella poisoning (after a
long-term meeting with relatives). Therefore,
there were no deaths due to sanitary problems
or diseases in 1K-b in 2005.
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In 2005, because of the long-term use of water
pipes there was one instance of leakage of
sewage, but it was immediately repaired and
did not lead to any cases of dysentery
Art. 73 of the Russian Criminal Penitentiary
Code stipulates that prisoners serve their
terms of deprivation of liberty on the territory of
subjects of the Russian Federation where they
reside or were convicted. If there is no colony
of the type required by the conviction or no
place in one of the colonies on the territory of
subjects of the Russian Federation where they
reside or were convicted, convicts are sent to
the closest possible institution. M. B.
Khodorkovsky, considering that this provision
was violated in his case, filed a complaint
against his place of detention. The
Zamoskvoreckiy District Court of Moscow
rejected this complaint, which M. B.
Khodorkovsky appealed to Moscow City Court.
However, the latter also rejected the appeal.
Therefore, the court has confirmed that the fact
that M. B. Khodorkovskiy is serving his
sentence in 1K- b is in compliance with the
legislation. Besides Mr Khodorkovsky, there
are 14 more convicts from other Subjects of
the Russian Federation and no violations of
art. 73 were detected in their cases.
233.
30 /10/06
JAL
IJL; TOR;
Rustam Muminov, an Uzbek national. At about
11 .45am on 17 October 2006, he was detained
by
plain clothes police at the office of the human
rights organization, Civic Assistance Committee
(Kom/tet Grazhdanskoe Sode/slv/e), in Moscow.
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He was then taken to a District Court in Moscow,
which ordered him to be deported to Uzbekistan
due to his failure to present a residency permit.
During the hearing he was not represented by a
lawyer and was not given an opportunity to speak
on his own behalf. He was deported on the
evening of 24 October 2006. Rustam Muminov
moved from Uzbekistan to Russia in 2000 and
acquired a temporary residency permit. In 2005,
the authorities in Uzbekistan accused him of
membership of Hizb-ut-Tahrir. In February 2006,
he was detained in the city of Lipetsk following an
extradition request from the General Procuracy of
Uzbekistan. In September 2006, the General
Procuracy of the Russian Federation decided not
to extradite Rustam Muminov and he was
released on 29 September 2006. His temporary
residence permit expired while he was in
detention, and the authorities refused to renew it.
According to the information received, he was
returned to Uzbekistan despite the fact that a
lawyer from Kom/tet Grazhdanskoe Sode/stv/e
had filed an appeal with the court, which was due
to be examined on 26 October 2006. Furthermore,
on 24 October, the European Court had indicated
to the authorities under rule 39 of the Rules of the
Court that they should take interim measures to
ensure that Rustam Muminov remained in the
Russian Federation.
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234.
16 /11/06
JAL
HRD; TOR;
Police violence at a picket in Nazran organized in
memory of the late Russian journalist Ms Anna
Politkovksaya; the subsequent arrest and
detention of four members of human rights
organization Memorial, Ms Zarema Mukusheva,
Ms Zoja Muradova, Ms Fatima Yandieva and
Mr Albert Khantygov; and the Director of
Ingushetia NGO Mashr, Mr Magomed
Mutsolgov, and alleged physical violence used
against Mr Shamsudin Tangiev and Ms
Ekaterina Sokirianskaia, both members of
Memorial. On 16 October 2006, a memorial picket
was due to take place in honour of the late
journalist Ms Anna Politkovkskaya in Nazran,
Ingushetia at 4pm. Uniformed police agents and
men in civilian clothes prevented people from
attending the picket as it had been deemed illegal
by the authorities. Mr Mutsolgov had notified the
Head of the City Administration of the intention to
hold the memorial but no official response was
received, since it is not necessary to obtain
permission to hold a picket under Federal Law. Mr
Mutsolgov did receive a letter dated 15 October
2006, informing him that the picket had been
deemed illegal, but he did not consider it to be an
official response as it was not signed by the Head
of the City Administration and there was no official
emblem on the letter. Members of the Chechen
Committee for National Salvation and Mr
Aslambek Apaev, chairman of the Committee for
Defending Rights of Forced Migrants, were the
first to arrive at the appointed meeting place, but
upon hearing of the alleged illegality of the
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gathering, they began to disperse. However they
were surrounded by men in civilian clothes who
tried to provoke a violent reaction from them.
They were joined a few minutes later by Mr
Mutsolgov and members of Mashr but they were
also surrounded by men in civilian clothes
accompanied by uniformed militiamen. The
participants were physically beaten. In addition,
two Memorial staff members were beaten. Mr
Tangiev was assaulted after he supposedly
commented on the use of language by the
militiamen in relation to the women present and
when Ms Sokirianskaia attempted to intervene, a
Nazran police officer in civilian clothes, struck her
across the face causing her to suffer concussion
and a broken nose. Ms Mukusheva, Ms
Muradova, Ms Yandieva, Mr Khantygov and Mr
Mutsolgov were subsequently transported to the
Nazran city militia station (GOVD) where they
were denied access to their lawyers and were not
informed of their rights. Late that night a judge
was brought to the station in order to hear the
case of the three female detainees. They were not
legally represented and were fined 500 rubles for
violating the established manner for carrying out
a demonstration”. The male activists were
eventually granted access to their lawyer,
Magomed Gandaur-Egi, but only eight hours after
their initial detention and their hearing was
postponed until 30 October 2006. Concern is
expressed about the alleged excessive use of
force used against the participants at the
memorial picket in Nazran. Further concern is
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expressed that the alleged beating and detention
of the aforementioned human rights activists may
be related to their legitimate activities in defence
of human rights and may represent an attempt by
the authorities to deter and punish them from
carrying out their work.
235.
Follow-
up to
past
cases
Zelimkhan Taymurazovich Karaev
(E/CN.4/2006/6/Add.1, para. 389).
By letter dated 27/02/06, the Government
reported that on 13 October 2005, he was
detained as a suspect in criminal proceedings
in connection with an armed attack on law
enforcement officers and civilians in Na lchik.
On the same day, Mr Karaev's relatives were
informed of his arrest in accordance with the
legally established procedure. On 19 October,
pursuant to a court decision, the preventive
measure of remand in custody was chosen for
Mr Karaev. No violations of current legislation
occurred during Mr Karaev's detention and
remand in custody. He was indicted on the
basis of sufficient grounds for accusing him of
the aforementioned particularly serious
offences. The allegations that he sustained
serious physical injuries from law enforcement
officers who sought to obtain a confession
were investigated by the procurator's office in
accordance with articles 144 and 145 of the
Code of Criminal Procedure. The forensic
medical examination (No. 1434-A) conducted
on 18 October, found that Mr Karaev had
sustained physical injuries in the form of
bruises on his face and left shoulder and
abrasions on his right shin, none of which
entailed serious damage to his health. The
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investigation did not uncover any objective
information that might indicate that Mr Karaev's
injuries were caused by law enforcement
officers. On 1 December, following an
investigation conducted by the procurator's
office of the Kabardino-Balkar Republic, the
decision was taken not to institute criminal
proceedings on the basis of article 24,
paragraph 1.1, of the Code of Criminal
Procedure in view of the lack of evidence of
any official misconduct.
236.
llez Khamhoev, Magomed-Ali Barakhoev and
Ruslan Yandiev (E/CN.4/2006/6/Add.1, para.
393).
By letter dated 24/02/06, the Government
reported that the Procurator's Office of the
town of Nazran has opened criminal case No.
05560115 in accordance with article 126 of the
Criminal Code of the Russian Federation
(Abduction). Notwithstanding the investigative
measures that they have taken, the police
have been unable to establish the
whereabouts of the abducted persons. The
investigation is currently continuing under the
oversight of the Procurator's Office of the
Republic of Ingushetia.
237.
Anvar Raimdjanovich Salikhov
(E/CN.4/2006/6/Add.1, para. 388)
By letter dated 27/02/07 the Government
replied that on 26 July 2005 Anvar
Raimdjanovich Salikhov, a permanent resident
of Nizhny Novgorod, was arrested by officers
of the criminal investigation unit of the
Moskovsky district internal affairs office of
Nizhny Novgorod on suspicion of involvement
in the murder of the head of the criminal
investigation division of the Sormovo district
internal affairs authority, IS. Dodonov. On 22
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July 2005, the Moskovsky district procurator's
office of Nizhny Novgorod instituted criminal
proceedings (case No. 141715) on the basis of
evidence of an offence contrary to article 111,
paragraph 4, of the Criminal Code of the
Russian Federation (Intentional infliction of a
serious injury, resulting in manslaughter).
Immediately after his arrest, Mr. Salikhov was
taken by militia officers to the aforementioned
procurator's office where, in the presence of a
lawyer, he stated that, on the evening of 21
July 2005, on Strazh Revolutsii Street in
Nizhny Novgorod, in a state of alcoholic
intoxication, together with his acquaintances
A.V. Gogochkin and S.S. Kuznetsov, both of
whom have criminal records, for no apparent
reason he beat up the first man (IS. Dodonov)
that came his way. Mr. Salikhov confirmed his
testimony during the examination of the scene
of the crime. On 27 July 2005, pursuant to a
court decision, Mr. Salikhov was remanded in
custody. On 1 August 2005, the investigator of
the procurator's office charged him under
article 111, paragraph 4, of the Criminal Code.
On 5 August 2005, the la 'er IV. Rykov went
to the Novgorod Province Central Internal
Affairs Department and presented a statement
made on 30 July 2005 by Mr. Salikhov, in
which he alleges that, at the time of his arrest
on 26 July 2005, he was beaten in the
premises of the Moskovsky district internal
affairs office by several militia officers who tried
to force him to confess.
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An official investigation into the matter was
carried out with the participation of the Internal
Security Department of the Ministry of Internal
Affairs; however, Mr. Salikhov's allegations
were not confirmed. According to an entry in
the record of persons brought to the duty office
of the Moskovsky internal affairs office in
Nizhny Novgorod, during his time there (26
and 27 July 2005), Mr. Salikhov did not
complain about his health. The members of the
criminal investigation unit of the Moskovsky
district internal affairs office who participated in
the investigation into Mr. Dodonov's murder
categorically deny that any force was used
against the detainee. Moreover, pursuant to a
decision taken on 3 August 2005 by the
investigator in criminal case No. 141715, Mr.
V. 5. Koryagin, Mr. Salikhov underwent a
forensic medical examination, which found that
his physical injuries in the form of abrasions -
which did not cause any harm to his health -
were sustained on 21 or 22 July 2005 (prior to
his arrest). In this connection, the Moskovsky
district procurator's office in Nizhny Novgorod
twice, on 29 September and 21 October 2005,
decided not to institute criminal proceedings
owing to the lack of any evidence that the
militia officers committed an offence. Mr.
Salikhov is being held in remand centre No. 1
in Nizhny Novgorod. When he entered the
remand centre, he was examined by a
physician. The examination revealed the
following bodily injuries: bruise in the area of
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his left eye and numerous abrasions on his
back. The relevant materials have been
referred to the Moskovsky district procurator's
office in Nizhny Novgorod. As a result of an
additional investigation, conducted by the
Nizhny Novgorod provincial procurator's office,
into Mr. Salikhov's allegations of having been
beaten by militia officers, on 6 December 2005,
criminal proceedings were instituted on the
basis of evidence that official powers had been
exceeded, which constitutes an offence under
article 286 of the Criminal Code. The
investigation of this criminal case is being
monitored by the Office of the Procurator
General of the Russian Federation.
By letter dated 29/02/06, the Government
reported that on 29 December 2004 the
Prosecutor's office of the Republic of
Bashkortostan instituted criminal proceedings
on the basis of evidence of an offence contrary
to article 286 (Exceeding official powers),
paragraph 3 (a), of the Criminal Code of the
Russian Federation, following an incident
involving officers of the Blagoveshchensk
district internal affairs division and the police
special duties detachment (OMON) of the
Ministry of Internal Affairs of the Republic of
Bashkortostan. While conducting preventive
measures from 10 to 14 December 2004, the
officers allegedly used force against residents
of Blagoveshchensk.
During the investigation it was established that,
around midniqht on 8 December 2004, on
238.
Arrests of between 58 and several hundred
persons during a “special operation” By the
Ministry of the Interior of Bashkortostan.
(E/CN.4/2006/6/Add.1, para. 392)
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Sedov Street in Blagoveshchensk in the
Republic of Bashkortostan, in the presence of
a large crowd, a group of citizens resisted
officers of the Blagoveshchensk district internal
affairs division, as a result of which five of them
received minor injuries. On 9 December 2004,
the head of the Blagoveshchensk internal
affairs division, together with officials of the
Ministry of Internal Affairs of the Republic of
Bashkortostan, using the aforementioned
incident as justification, took a decision to
conduct preventive measures in
Blagoveshchensk and Blagoveshchensk
district, making maximum use of the personnel
of the Blagoveshchensk district internal affairs
division and the OMON group attached to the
Ministry of Internal Affairs of the Republic of
Bashkortostan. The main objective of the
measures was to identify persons who commit
offences on the streets and in public places,
violate law and order and engage in antisocial
behaviour, and to prevent domestic crime and
juvenile delinquency. However, the Ministry of
Internal Affairs officers and the group of OMON
officers turned this operation into a
demonstration of force in order to intimidate
the population; their actions were accompanied
by numerous violations of citizens'
constitutional rights and freedoms and by cruel
and degrading treatment. Between 10 and 14
December 2004, 144 persons were taken
without due cause to the Blagoveshchensk
district internal affairs division and 197 were
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illegally subjected to unlawful force. These
persons have been recognized as the victims
in the case. Experts found that 23 persons had
sustained various bodily injuries. Citizens
Berdnikov, Ramentev, Kondratev, Lazarev,
Antipin and Sergeev were recognized as
victims in the criminal proceedings. Citizens
Shatanov and Dyakonov were not questioned
as witnesses or victims in the case, and no
information concerning any bodily harm
caused to them was received during the
investigation. The procurator's office of the
Republic of Bashkortostan is investigating this
information. As a result of the investigation of
the criminal case, the head of the
Blagoveshchensk district internal affairs
division and the person immediately
responsible for conducting the preventive
measures, was charged with offences contrary
to article 286, paragraphs 3 (a), (b) and (c), of
the Criminal Code. The commander of the first
tactical company of OMON attached to the
Ministry of Internal Affairs of the Republic of
Bashkortostan, who was the senior officer of
the OMON group that was sent to provide
practical assistance to the Blagoveshchensk
district internal affairs division, was charged
with offences contrary to article 286, paragraph
3(a), (b) and (c), of the Criminal Code. In
connection with the issuance of 198 knowingly
unlawful decisions to bring administrative
proceedings against citizens, the deputy head
of the Blagoveshchensk district internal affairs
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division, was charged with an offence contrary
to article 285 (Abuse of official powers),
paragraph 3, of the Criminal Code. For
exceeding official powers, which took the form
of the unlawful use of force against citizens,
several other officers were prosecuted. On 29
July 2005, the criminal case with the bill of
indictment was referred to the
Blagoveshchensk district court for
consideration of its merits, the result of which
is being monitored. Moreover, in a case related
to the aforementioned criminal proceedings,
two militia officers of the Blagoveshchensk
district internal affairs division who used
persuasion and threats to force the victims to
sign declarations that they had sustained their
bodily injuries through their own negligence,
have been convicted under article 285,
paragraph 1, and article 292 of the Criminal
Code. The incidents that occurred in
Blagoveshchensk and Blagoveshchensk
district were thoroughly investigated by senior
officials of the Ministry of Internal Affairs of the
Russian Federation with the participation of the
President of the Republic of Bashkortostan,
Mr. M.G. Rakhimov. As a result of the
investigation, the Ministry of Internal Affairs of
the Russian Federation signed an order selling
out a series of measures to strengthen legality
and ensure that citizens' rights are observed
when Russian internal affairs bodies engage in
law enforcement activities. The information
contained in the Special Rapporteur's letter
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concerning mass arrests in the town market,
the conduct of identification checks in two
residences in Blagoveshchensk, A. Shatanov's
attempted suicide, the beating of pregnant
women, as well as the ethnic focus of the
measures taken, does not correspond to the
facts. The Ministry of Internal Affairs of the
Russian Federation is currently cooperating
actively with the Commissioner for Human
Rights in the Russian Federation and other
human rights organizations, including with a
view to investigating violations by militia
officers of citizens' constitutional rights and
interests, and is drafting joint measures to
prevent violations of law and order. Some
constituent entities of the Russian Federation
have established social councils to monitor the
observance of human rights in the work of
internal affairs agencies, and there are plans to
extend this practice to other regions of the
Russian Federation.
239.
Saudi Arabia
22/12/05
JUA
IJL; TOR;
Puthan Veettil Abd ul-Latif Noushad, an Indian
By letters dated 28/12/05 and 30/01/06, the
citizen. The Greater Shari'a Court of Dammam
Government reported that the judgement
sentenced him to have his right eye gouged out.
handed down by the court of first instance in
The sentence followed his conviction for
this case was not ratified by the Court of
participating in a brawl in April 2003, in which a
Cassation, Riyadh, which decided to refer the
Saudi citizen was injured. The court refused to
case for review by the Higher Court, Eastern
hear the evidence of an eyewitness because he
Region. The case has been settled amicably
was not a Saudi national. In addition, Puthan
following the victim's renunciation of his private
Veettil ‘Abd ul-Latif Noushad was not represented
right, the case has been closed, and he will not
by a lawyer during the first instance trial
be subjected to the penalty in question.
proceedings, although he was represented by a
Concerning reports of two similar sentences of
lawyer durinq the appeal proceedinqs. Reports
eye-qouqinq handed down this year, such
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indicate that this is the third case this year in
which a Saudi court has issued a sentence of eye-
gouging.
reports are unfounded and the Government
would appreciate detailed information on the
two cases in order to enable it to make
clarifications.
240.
Solomon
Islands
01/11/06
UA
TOR;
Billy Kelly Kelly, aged 18. He has been
sentenced to life in prison for a murder he
committed when he was only 14 and a half years
old. He stood trial in the High Court in July 2006,
and on 4 August 2006, he was convicted for the
murder of Patterson Gatu on 25 April 2003.
By letter date 28/12/06, the Governemnt
reported that Mr Kelly appealed against his
sentence of life imprisonment through the
Public Solicitor. On 25 October 2006, the Court
of Appeal allowed the appeal and remitted the
case to the High Court for re-sentence.
241.
South Africa
18/08/06
JAL
TERR;
TOR;
Khalid Mehmood Rashid, a Pakistani citizen. Mr
Khalid Mehmood Rashid was handed over by
South African authorities to Pakistani officials at
an air base in South Africa nine months ago.
Thereafter, he left the country with Pakistani
officials on an unscheduled flight. He has not
been seen or heard from since. According to the
Pakistani High Commission in South Africa on 14
June 2006, Mr Rashid was “wanted in Pakistan for
his suspected links with terrorism and other anti-
state elements (...) Presently he is in the custody
of the Government of Pakistan”. On 29 June
2006, the Lahore High Court directed the state to
disclose his whereabouts within three weeks.
By letter dated 23/11/06, the Government
reported that On 31 October 2005 members of
the South African Police Services and
members of the Department of Home Affairs
conducted an exercise in the town of Escourt,
KwaZulu-Natal, which led to the detention of K
M Rashid and I Jeebhai. Mr. Rashid is a
Pakistani national whilst Mrs. Jeebhai is an
Indian national. Both these persons were
detained under the provisions of sections 34,
42 and 8 of the Immigration Act, No 13 of 2002
(‘the Immigration Act”). After the provisions
were complied with, Mr. Rashid was deported
to Pakistan, having been handed over by
South African authorities to Pakistan officials at
Waterkloof Air Force Base, South Africa, on 6
November 2005. Mr. Jeebhai was also in the
process of being deported to India, when an
urgent application was lodged by his brother,
on 12 November 2005, and set down for
hearing on 15 November2005. In terms ofa
court order obtained on 15 November 2005 Mr.
Jeebhai, who had not yet been deported, was
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released and is presently (illegally) in the
Republic of South Africa. Waterkloof Air Force
Base is a port of entry operated by the
Department of Home Affairs. Immigration
officials stationed at Waterkloof Air Force Base
completed and stamped the necessary
prescribed documentation prior to Mr. Rashid
being handed over to Pakistani officials. The
aircraft which collected Mr. Rashid is not a
scheduled flight. No direct flight exists between
South Africa and Pakistan. Full details of the
aircraft's registration number were made
available to Mr. Rashid's legal representatives.
At that stage, being October/November 2005,
the South African authorities were not aware of
the fact that Mr. Rashid was “wanted in
Pakistan for his suspected links with terrorism
and other anti-state elements”. The first time
that the South African authorities became
aware thereof, was when the Pakistani High
Commission to South Africa issued a
statement to this effect on 14 June 2006. It is
the policy of the Department of Home Affairs to
deport persons as soon as possible after their
detention under South African immigration
legislation. A plethora of applications and other
court proceedings were instituted on behalf of
Mr. Rashid subsequent to October 2005 and
which culminated in the hearing of the main
application which took place on 25 and 28
August 2006 as mentioned above. Despite the
filing of a multitude of depositions by parties
acting on behalf of Messrs. Jeebhai and
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Rashid, as well as by their legal
representatives, no reference whatsoever is
ever made in such depositions as to any
inappropriate behaviour or conduct towards
Mr. Rashid by the South African authorities.
The only cause for complaint which is lodged
by the persons and legal representatives
acting on behalf of Messrs. Rashid and
Jeebhai, was that the detention and
deportation of Mr. Rashid was not in
compliance with the Immigration Act, to the
extent that section 8 thereof had not been
complied with. Section S of the Immigration
Act, provides that the person detained under
section 41 or section 34 has a right of review,
directly by the Minister, of the decision of an
immigration official to declare a person
detained in terms of the immigration legislation
as an “illegal foreigner”. Such a review, which
is directed to the Minister of Home Affairs must
be lodged within three days of to the
declaration of illegal foreigner”. The reason for
the short period of time afforded to a detainee
is self-evident, namely, to ensure that certainty
as to the immediate future movement of the
detainee, is obtained as soon as is possible.
Further appeal/review proceedings are
provided for in section 8 but which are not, for
purposes of the present enquiry, relevant.
Whilst in detention, Mr. Rashid deposed an
affidavit on 2 November 2005 in terms of which
he acknowledged that he had entered the
Republic of South Africa unlawfully and that he
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had paid certain monies for a fraudulently
issued permit. He also, in addition thereto,
signed certain prescribed documentation in
terms of which he waived his entitlement to the
review procedure provided for in section 8 of
the Immigration Act as well as his entitlement
to call for the confirmation of his detention by
way of an arrest warrant issued by a South
African court. As regards the further allegations
concerning the proceedings of the Lahore High
Court, the South African authorities are aware,
through statements made by Mr. Rashid's
South African legal representative, that steps
have been taken in Lahore to attempt to
establish his whereabouts. No further
information in this regard is known by the
South African authorities. The South African
Government cannot adopt the approach that all
deportations to countries such as Pakistan will
lead to the torture of such returnees. In the
event, however, of South African officials being
aware of the possibility that specific returnees
may well be exposed to torture, the South
African Government will request written
undertakings by the Government of the
returnee that the relevant international
covenants regulating torture, will be respected.
To the extent that this question is aimed by the
Special Rapporteurs only at the Government of
Pakistan, this is unwarranted in that it
discriminates specifically against the officials of
Pakistan, and fails to take into consideration
the fact that torture may be exercised by a
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number of Governments of the international
community. The South African authorities did
communicate with the Pakistani authorities
during June/July 2006, with a view to
establishing whether or not Mr. Rashid was in
fact received by the Government in Pakistan.
Answers to both these questions were
provided in the affirmative by the Government
of Pakistan.
242.
Spain
Follow-
up to
past
cases
Varios migrantes (E/CN.4/2006/6/Add.1, p arr.
413).
Por carta con fecha 25/11/05, el Gobierno
informô de que los cuatro incidentes
mencionados han dado origen a procesos
judiciales y otras tantas investigaciones
internas. Ni uno ni otro precisan denuncia
previa, pues se inician de oficio. La muerte del
nacional camerunés Joseph Abunaw
Ayukabang es objeto de una investigaciôn aUn
abierta, cuyo desarrollo se ye forzosamente
limitado debido a que el fallecimiento ocurriô
fuera de Espana. Respecto a este incidente el
Gobierno aclara que las fuerzas y cuerpos de
seguridad espanoles tienen prohibidas Ia
tenencia y uso de porras eléctricas. En los
registros periôdicos de los depôsitos de armas
en el puesto fronterizo nunca se han
encontrado estas armas ilegales, como
tampoco consta su exhibiciôn, uso o tenencia
por parte de los agentes espanoles de
frontera.
Con relaciôn a Ia muerte de dos personas los
dias 12 y 15 de septiembre de 2005, el
Gobierno indica que estos fallecimientos
ocurrieron en un hospital espanol, despues de
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Le lwala Gamage Nandiraja, aged 53, a
physician. On 29 May 2005, he was arrested
during the night at his home by two police officers
wearing uniforms of the Weliweriya police and
four other men in civilian clothing. They entered
the house and beat him all over his body before
dragging him naked from the house to their
vehicle. On 30 May 2005, he was reportedly
rushed to Gampaha District Government Hospital.
He died of his injuries, although it is not clear
whether he died before or after arriving at the
hospital. The police had been looking for a 40
year old man named Lalewela Nandirala on
que los agentes competentes permitieran Ia
entrada al territorio espanol a dos heridos que
precisaban urgente atenciôn médica.
Finalmente, existe un proceso judicial abierto
con respecto al incidente del 29 de septiembre
de 2005. A este respecto, el Gobierno afirma
que el personal del puesto fronterizo recuperô
los cuerpos de dos personas que murieron al
recibir impactos de balas procedentes de
armas de fuego largas no utilizadas por Ia
Guardia Civil. Los orificios de bala se
encontraban en Ia parte posterior de los
cuerpos de los fallecidos, que en el momento
de su muerte se dirigian hacia el territorio
espanol, y los impactos de bala en Ia fachada
del transformador no miran a Espana sino al
otro lado de Ia frontera. En este contexto, Ia
investigaciôn interna descartô cualquier
posible relaciôn de Ia Guardia Civil espanola
con el fallecimiento de estas dos personas.
243.
Sri Lanka
07/03/06
JAL
SUM EX;
TOR;
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suspicion of theft and they mistakenly arrested
Le lwala Gamage Nandiraja due to the similarities
between his name and the name of the suspect.
244.
17/03/06
JUA
TOR;
HRD
Kasinathar Ganeshalingam, director of the Tamil
Rehabilitation Organization (TRO), Kathirkamar
Thangarasa, TRO driver, Ms Thanuskody
Premini, chief accountant for the TRO in
Batticaloa, Shanmuganathan Sujendram TRO
accountant, Thambiraja Vasantharajan,
Kailayapillai Ravindran TRO accountant, Ms
Punniyamoorthy Nadeswari, TRO staff member,
Ms Sithiravel Sivamathu, TRO staff member,
Ms S. Dosini and Arunesarasa Satheesharan,
TRO accounts trainee. The TRO is an
organisation which has been performing
humanitarian and aid work in the aftermath of the
tsunami. On 29 January 2006, Mr Kasinathar
Ganeshalingam, Mr Kathirkamar Thangarasa, Ms
Punniyamoorthy Nadeswari, Ms Sithiravel
Sivamathu and Ms S. Dosini were abducted in
the Jaffna Peninsula, while driving from Batticaloa
to Kilinnochichi. After the TRO vehicle had
registered at the army checkpoint, a white van
which had been following the TRO vehicle,
overtook it and made it stop. The five above
mentioned persons were dragged from the vehicle
by an unknown number of armed men and forced
into the white van. Mr Kasinathar Ganeshalingam
and Mr KathirkamarThangarasa were assaulted,
tied up and put back in the TRO vehicle.
Subsequently all five persons were taken to a
camp in a jungle area, where Mr Kasinathar
Ganeshalingam and Mr Kathirkamar Thangarasa
By letter dated 30/06/06, the Government
reported that is facing the problem of terrorism
with the LTTE, which is a terrorist group that
has been banned in many countries including
the USA, India, Canada and the European
Union. The LTTE is known to operate in
countries that have banned it through front
organisations. The Tamil Rehabilitation
Organisation (TRO) is a known front
organisation of the LTTE, which helps the
LTTE in its terrorist activities by collecting
funds in foreign countries. The alleged
abduction of members of the TRO appears to
have been stage managed by the LTTE in
order to bring about adverse publicity for the
Government. The facts contained in the
allegations cast serious doubt on the credibility
of the information regarding the abduction. On
2 February 2006 at about 4pm three persons
namely Mr T. Qanesharuban of TRO, Ms
Reita Web of Non Violence Peace Movement,
and the lawyer, Ms Qunamadi Subramaniyam,
of Human Rights Organization had appeared
at the Office of Superintendent of Police,
Batticoloa and produced one Chithravel
Sivamadi (aged 19 years, alias Madi, of
Navankadu, Vavanathivu, Batticaloa), and
Punyamoorthy Ganeshwari (aged 20 years of
Navankadu, Vavunathivu, Batticaloa, working
at Vipulananda Montessori School) stating that
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were assaulted again. Ms Punniyamoorthy
they wanted to make a complaint regarding a
Nadeswari and Ms Sithiravel Sivamathu were
kidnapping. They complained to the effect that
released at approximately 9.00 pm on 30 January
they were kidnapped by an armed gang whilst
2006, and Ms S. Dosini was released later that
they were proceeding towards Kilinochchi on
evening. Ms Punniyamoorthy Nadeswari, Ms
29 January 2006. The two complainants had
Sithiravel Sivamathu, and Ms S. Dosini were
left for Kilinochchi in a van, registration no. JA
warned by their abductors not to speak to anyone
3074 on 29 January 2006 with a view to
about what had occurred. Mr Kasinathar
collecting some money lent to them by an
Ganeshalingam and Mr Kathirkamar Thangarasa
NGO at Kilinochchi named FORUT. They had
have not been seen since 30 January 2006 and
left Batticaloa at about 5:15pm with two others,
their whereabouts remain unknown. On 30
namely Doshini and Ganeshalingam, in a van
January 2006 at approximately 4.00 pm, Ms
driven by Thangarasa. When they were on
Thanuskody Premini, Mr Shanmuganathan
their way to Kilinochchi at Welikanda, an
Sujendram, Mr Thambiraja Vasantharajan, Mr
armed gang of about seven persons stopped
Kailayapillai Ravindran, Mr Arunesarasa
their vehicle, threatened them at gunpoint and
Satheesharan and ten other TRO staff members
kidnapped all five of them. Their valuables and
were travelling from Batticaloa to Vavauniya,
jewellery were removed and the victims
when their vehicle was stopped by a white van
blindfolded and taken away towards the jungle
approximately 100 metres after the army
in their vehicle. The three females were
checkpoint in Welikanda. Five armed men got out
detained in a separate place from the men. On
of the white van, boarded the TRO vehicle and
the following day (30 January 2006) at about
dragged the driver from his seat. The 15 TRO
4pm, Doshini was taken away from them. All of
staff members were all blindfolded. Ms
them were questioned and photographed by
Thanuskody Premini, Mr Shanmuganathan
the assailants, who had cellular phones. On 30
Sujendram, Mr Thambiraja Vasantharajan, Mr
January 2006 at about 8pm, the assailants
Kailayapillai Ravindran and Mr Arunesarasa
returned their valuables and dropped the two
Satheesharan were removed from the TRO
complainants, Sivamadi and Ganeshwari, in a
vehicle and the remaining ten TRO staff members
van at Batticaloa along the Polonnaruwa Road.
were released. The whereabouts of Ms
The assailants forced the victims into a private
Thanuskody Premini, Mr Shanmuganathan
bus headed towards Batticaloa, and
Sujendram, Mr Thambiraja Vasantharajan, Mr
threatened them not to divulge the incident.
Kailayapillai Ravindran and Mr Arunesarasa
They arrived at Batticaloa at about 11:30pm.
Satheesharan remain unknown. It is reported that
The assailants released Selvam Doshini (of
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the TRO has filed police reports with the Baticaloa
New Mandawanadi, Batticaloa) two days later
Police Station regarding the above mentioned
and she too had returned to Batticaloa
incidents,
unharmed on 2 February 2006. The following
two persons were detained by the assailants
and it is reported that they have been not
released to date: Mandakumar Thangarasa (of
Jaffna, driver); and Kasinadan Qanehalingam.
As per the directions of the Inspector General
of Police, the Criminal Investigation Division
took over the investigation into this matter.
According to statements of witnesses Sivamadi
and Ganeshwari, the assailants had spoken in
Tamil, Hindi and Sinhala. S. Doshini
corroborated the facts that the assailants
spoke to them in Hindi, Sinhala and Tamil, had
returned her jewellery, provided meals and tea,
and released her unharmed. Inquiries revealed
that the van in which the victims travelled
belonged to the TRO Office in Killinochchi. The
statement of the Administrative Officer of TRO
in Colombo has also been recorded. The
police conducted several operations and
searches in the area but there was no trace of
the victims or the vehicle. The public in the
area were questioned but the police were not
able to find any useful information regarding
the allegations. The alleged incident of
abduction took place on the evening of 29
January but the incident was reported only on
2 February after a lapse of three days. The
long delay in reporting the crime resulted in the
police being unable to act swiftly. The TRO has
not given sufficient assistance to the
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investigation. The delay in reporting leaves a
reasonable doubt with regard to the
genuineness of the complaint. Though the
witnesses had stated that they were on their
way to Kilinochchi to collect money from
FORUT for rehabilitation work in schools etc.,
the manager of the organization denied that
such funds were to be provided for this
purpose nor was the distribution of money
fixed for the day in question. This creates
doubt about the credibility of the three
witnesses Ganeshwari, Doshini and Sivamadi.
Facts have been reported to the Magistrate's
Court of Polonnaruwa in Case No: B 224/06
and the case is fixed for 24 July 2006. Further
inquiries are continuing to trace the victims and
to establish the identities of the culprits, though
this is a difficult task due to the location being
an uncleared area”, where there is little or no
hope of receiving intelligence, for the purpose
of conducting further investigations. On 31
January 2006 at 7:20pm, Sadhasivam
Mahalingam, the Administrative Officer of the
TRO at Batticaloa, appeared at Batticaloa
Police Station and complained that on 30
January 2006, an armed gang stopped and
threatened a vehicle (vehicle number 250-
8993, driven by Selvarajah Fradeepan, which
left Batticaloa at 4pm) at Welikanda, which was
carrying a team of 14 TRO Officers on their
way from Batticaloa to Kilinochchi. The
occupants were threatened at gunpoint, the
following five persons kidnapped
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(Kaihlasapillaih Ravindran, Arulnesha Rasa
Sadiyakaran, Danushkodi Premani,
Sanmuganathan Surendran, and Thambirasa
Wasantha Rajan) and the nine others,
including the driver, released.. This incident
was brought to the notice of the Inspector
General of Police on 31 January 2006, who
immediately directed DIG OlD to send a team
to TRO Office Colombo and to Welikanda to
make a full scale investigation. He also
directed DIQO Batticaloa and North Central
Range to conduct further inquiries to this
matter. The nature of the complaint and the
subsequent behaviour of the complainant
reveal the following facts. The alleged incident
according to the complainant occurred on 30
January 2006 at 4pm. The driver failed to
inform the closest police station or any other
law enforcement authority in the proximity of
the incident. The Administrative Officer of the
TRO complained on 31 January 2006 at
7:20pm on the basis of information received
from the driver at lOam that day. It had taken
18 hours for the driver to inform the
Administrative Officer of the TRO, and the AO
had taken well over nine hours to make this
complaint to the police. According to the
Administrative Officer, 14 TRO Officer are said
to have travelled in this vehicle. If five were
abducted, the other nine could have gone to
the authorities to make complaints as they too
would have been eyewitnesses. On 31
January at 12:30pm, Kaihlasapillaih
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Parameshwari (of Wanninagar, Palugamam)
appeared at Kalawanchchikudi Police Station
and complained that her son, Kaihlasapillaih
Ravindran, had been kidnapped by a group of
people at Welikanda Police area when he was
riding in a vehicle along with other people from
TRO. This also refers to the same group who
were alleged to have been kidnapped. Out of
the released TRO Officers, OlD has recorded
the statements of Ms Kunarathnam
Suharthawadani, and Selvarajah Pradeepan,
alias Deepan, the driver of the van. They too
were unable to identify any of the assailants.
The statements of the following TRO officers
could not be recorded as they are living in
LTTE controlled areas and did not turn up to
give their statements up to date: Ms
Pushpanadan Vijida, Ms Linganayagam
Sathyapriya, Ms Sinnathurai Sobanarani, Ms
Veerakkutti Sandiramathee, Ms Ponnathurai
Kokilai, Ms Kandasamy Mallika, and Ms
Kandiragamar Podidharshani. Although
several messages have been sent for the
above to turn up to assist the police in the
investigations, they have not done so far. All of
the above are vital witnesses for the inquiry
and their failure to make statements to the
police clearly indicates that they are purposely
avoiding doing so, as they are trying to conceal
facts relating to this matter. Nevertheless,
further efforts are being made to trace the
victims and to establish the identities of the
culprits.This is a difficult task due to the
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location being an uncleared area”, where
there is little or no hope of receiving
intelligence, for the purpose of conducting
further investigations. Some of the highlights of
the prompt investigations carried out by the
police: prompt recording of statements by the
Batticoloa police; presence of a human rights
lawyer, TRO officer, and an NGO officer during
the recording of statements; statements
recorded in the Tamil language by Tamil
officers; the witnesses brought before the
Judicial Medical Officer to obtain a report with
regard to their health and brought before the
Courts for their safe release, and no complaint
made against the police officers involved in the
investigation; a Court report filed requesting
the Batticoloa Magistrate to assist the
investigators to call the other witnesses who
have not come to the police to come and make
statements; action taken to reproduce the
features of the suspects for publication in
newspapers in order to seek public assistance,
for the police to identify the perpetrators.
Police also conducted several searches in the
area where the alleged abductions took place,
but no trace of any evidence was ever found;
the TRO officers were requested to be present
and they participated in one of the searches;
the Superintendent of Police, Batticoloa,
requested the Sri Lanka Monitoring Mission,
Batticoloa, to accompany the Superintendent
on the search done on 11 February 2006 but
the SLM M officers failed to turn up. The
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University Teachers of Human Rights, Jaffna,
in one of its special reports, has categorically
stated that the TRO abduction drama was
staged by the LTTE immediately before the
Geneva talks to force a paramilitary issue in
the forefront of the talks.' Some of the
problems faced by the investigators and the
reasons for the suspicion that the alleged
abduction was stage-managed by the LTTE
include: a long delay in reporting the crime to
the police; lack of cooperation of witnesses,
namely witnesses appearing at police stations
after long delays, or not appearing at all
despite repeated requests; witness statements
not providing the investigators with any leads;
and TRO not assisting sufficiently in the
investigation. The above demonstrates that the
Government has taken all efforts to conduct a
speedy and effective investigation into the
alleged abductions. It is also clear that the
alleged victims and the complainants, including
the TRO, have failed to assist in the
investigation as a bona fide complainant would
undoubtedly have done.
245.
13/04/06
AL
TOR;
M. H. Priyantha Minipura, aged 25, a farmer
from Ayagama. On 24 December 2005, he was
arrested on suspicion of possession of prohibited
alcohol. He was beaten by SI Jayatissa on his left
ear, resulting in loss of hearing. He was held in
police custody at Ayagama police post for two
days. While he was there he was handcuffed to a
bed and repeatedly beaten by police officers from
Ayaqama police post. M.H. Priyantha Minipura
A/HRC/4/33/Add. 1
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lodged a complaint on 27 December 2005 against
the perpetrators before the Assistant
Superintendent of Police.
246.
18/04/06
AL
TOR;
W. G. M. K. S. and three other unidentified boys.
On 11 November 2005, they were arrested by
three police officers on suspicion of being involved
in a theft. The police officers took the four boys to
Mahawela Police Station, where they beat them
with a pole. They were subsequently released. As
a result of his treatment, M. K. S. vomited blood.
At 2 am on 13 November 2005, he was admitted
to Matale District Hospital.
247.
05/1 2/06
JUA
WGAD;
TOR;
Weligoda Ananda, 49 years of age, welder by
profession, and residing at Sevana Induragara, at
Dunagaha in the District of Gampaha, Western
Province. On 8 November 2006, at 11:30 am, he
was arrested by ten plainclothes police officers
from the Criminal Investigation Division (CID) of
the Peliyagoda and Divulapitiya detachments. He
was arrested without being informed of any
charges filed against him. Mr Ananda was
immediately handcuffed and his wife Dissanayake
Mudiyanselage Indra Kanthi, his child and his
mother-in-law were forced to leave the room and
go upstairs. From upstairs, they heard Mr
Ananda being ill-treated by the police, who were
trying to obtain information from him about a
telephone number, then they took him away. His
wife has been to local police stations, including
Divulapitiya, Negombo, Peliyagoda, the Police
Headquarters and the CID offices, and although,
on November 16, Divulapitiya Police agreed to
take a statement from her the followinq day, she
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has still not been informed about the place of
detention of her husband.
248.
Follow-
up to
past
cases
Samimuththu Benedict (E/CN.4/2000/9, para.
940).
By letter dated 19/06/06, the Government
reported that the Criminal Investigations
Department (CID) had commenced
investigations. According to the statement of
Samimuttu Benedict, he was transferred from
Kandy Police Station to the Special
Investigation Unit in Colombo on 15 June
1998. He was detained for three months there.
The accused police officers have been
interviewed, and deny their involvement in the
torture. Although there is no evidence from
eyewitnesses, the medical report of the JMO,
indicated that Samimuttu Benedict had injuries
on his body. CID has sought instructions of the
Attorney-General's Department to take
necessary legal action against the accused
officers. The investigation report has been sent
to the Attorney General. Although there is
credible evidence, the Attorney-General came
to the conclusion that he was subject to police
assault, but it was not possible to attribute
criminal responsibility to any particular person.
As such the Attorney-General has advised the
police that no criminal charges could be filed
against any named person.
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249.
Pichchamuththu Chandran (E/CN.4/2000/9,
para. 940, and E/CN.4/2003/68/Add.1, para.
1659).
By letter dated 19/06/06, the Government
reported that under the instructions of the
Attorney-General, the Sri Lanka police has
conducted disciplinary inquiries against the
accused police officers. However, two
disciplinary inquiries in this regard were
conducted as the officers were attached to two
different police stations (i.e. Kandy and
Kantale). At the disciplinary inquiry conducted
against the accused officers attached to Kandy
police under the supervision of DIG / Central
Range (West), no lapses as alleged on the part
of the accused officers were found to be
proven. Further, upon the completion of the
disciplinary inquiry conducted against the
accused officers attached to the Kantale police
under the supervision of DIG / Eastern Range,
the officer concerned has been discharged, as
even the complainant did not appear for the
inquiry. The Attorney-General filed two
indictments, under the Act No.22 of 1994
[ Convention against Torture and other Cruel,
Inhuman or Degrading Treatment or
Punishment], in the High Court. The
complainant had however submitted an
affidavit stating that the earlier complaint made
by him was a false complaint merely to
exonerate him from the pending court case. He
had further stated that he did not wish to
proceed with the case. Based on this affidavit
the indictments were withdrawn and the
accused officers were discharged by the High
Court.
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250.
Sivalingam Satheeskumar
(E/CN.4/2003/68/Add.1, 1495,
E/CN.4/2004/56/Add.1, 1518).
and
By letter dated 19/06/06, the Government
reported thatthe Special Investigations Unit
(S IU) commenced investigations into the
allegations. The Medical Superintendent of
Ampara Hospital stated that he discovered
external injuries on the body of the alleged
victim. These could have been caused by a
blunt weapon or as a result of a fall when
running. He was again examined on 13 and 25
June 2001 and 7 and 16 July 2001. He did not
have external or internal injuries at that time. It
has been discovered that two officers of the
STF had been involved in the arrest of the
victim. According to them a group of STF
officers went to arrest a group of armed
terrorists on 16 May2001. The two parties
exchanged fire and after the fighting,
Sivalingam Sathiskumar surrendered to the
STF with a firearm. They denied that he was
subjected to torture. Officers of Ampara CSU
who took over Sathiskumar from the STF
denied any assault. After completing
investigations, the SIU forwarded an extract of
the investigation notes to the Attorney-
General's Department for advice. The
Attorney-General's Department decided to
indict three officers under the Torture Act, for
the alleged assault. The Indictment was sent to
the High Court of Ampara on 27 January 2004
and after trial the said accused were acquitted.
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251.
Ramaiya Saravanaraj, Ramaiya
Dhanabalasingham and Murugaiya Prabakaran
(E/CN.4/2004/56/Add.1, 1464, and
E/CN.4/2005/62/Add. 1, 1597).
By letter dated 19/06/06, the Government
reported that the SIU conducted an
investigation into this case. The Judicial
Medical Officer's certificate said that there
were no injuries to prove the assault of police.
After the investigations, the S IU reported the
matter to Attorney-General seeking advice.
The Attorney-General instructed the police to
institute criminal charges against six police
officers in the Magistrates Court of Hatton. The
court has directed the parties to appear before
the Mediation Board. The case was
subsequently settled between the parties at the
Mediation Board.
252.
Hetti Kankanamalage, Chandana Jagath
Kumar, and Ajith Shantha Kumana Peli
(E/CN.4/2004/56/Add.1, para. 1462, and
E/CN.4/2005/62/Add.1, 1596).
By letter dated 19/06/06, the Government
reported that the S IU commenced an
investigation in to these allegations and upon
completion of the investigation forwarded
extracts of the investigation notes to the
Attorney-General's Department. The two
parties have been directed to the Mediation
Board by the Magistrates Court of Gampaha
and the case was settled in the Mediation
Board on 13 September 2005 by the parties.
253.
John Pollage Udays Saman Jayasuriya, and U.
G. Nandana Amarasooriya and Tilakasiri.
(E/CN.4/2005/62/Add.1, 1524-1525)
By letter dated 19/06/06, the Government
reported that the SIU commenced an
investigation. The Complainant has tendered a
statement supported by an affidavit,
withdrawing the allegations made earlier.
Having considered the affidavit, the Attorney-
General has decided not to proceed with any
further inquiries.
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254.
Dope Pathiranyalayage Lasantha Priyankara
(E/CN.4/2005/62/Add. 1, 1500-1501)
By letter dated 19/06/06, the Government
reported that the Senior Superintendent of
Police/Elpitiya submitted an investigation
report to the Attorney-General's Department
seeking advice. The Attorney-General's
Department after perusal of the investigation
report has decided not to prefer criminal
charges against any person.
255.
S. L. Kulatunga (E/CN.4/2005/62/Add.1, 1504-
1505).
By letter dated 19/06/06, the Government
reported that the S IU commenced an
investigation in to this complaint. According to
the Special Investigations Unit and on the
statements received so far, officers of
Nivithigala Police arrested S.L. Kulatunga on a
charge of drunken and disorderly conduct.
When he was being taken to the hospital to
obtain a medical report, had jumped out of the
jeep and sustained fatal head injuries. The
medical report confirms this. Having examined
the investigation notes submitted by the S IU
and the medical reports, the Attorney-General
has decided not to institute criminal charges.
256.
Welgama Ralalage Wijitha Herath
(E/CN.4/2005/62/Add. 1, 1559).
By letter dated 19/06/06, the Government
reported that the S IU commenced an
investigation into this complaint. The Officer-in-
Charge of the Polgahawela Station has been
identified as the alleged perpetrator.
Investigations were completed. However the
Complainant has tendered a statement
supported by an affidavit, withdrawing the
allegations made earlier. Having considered
the affidavit, the Attorney-General has decided
not to proceed with any further inquiries.
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257.
Uswatta Liyanage Anthony Joseph Perera
(E/CN.4/2006/6/Add. 1, para. 414).
By letter dated 19/06/06, the Government
reported that the Criminal Investigation
Department (CID) commenced an
investigation. Action has already been taken to
provide police protection to both Mr Anthony
Joseph Perera and Mr Lalith Rajapaksha
including round-the-clock police protection. A
special police team was deployed to provide
security at the court hearing of the case
against Mr Lalith Rajapaksha on 21 February
2005 at the High Court, Negombo. However
the security provided to the residence of U.L.
Anthony Joseph Perera has been withdrawn
on a request made by Mr U.L. Anthony
Joseph Perera.
258.
Harsha de Silva (E/CN.4/2006/6/Add.1, para.
418).
By letter dated 27/06/06 the Government
reported that the investigation into this incident
has been conducted by the Kelaniya Police
Division. After completing the investigations
the information book extracts have been
forwarded to the Attorney-General for
consideration of criminal charges.
259.
Thummiya Hakura Sarath alias Banja
Kapilawatte (E/CN.4/2006/6/Add.1, para. 418).
By letter dated 27/06/06 the Government
reported that the investigation into this incident
had been conducted by the S IU. Having
completed the investigation the information
book extracts were forwarded to the Attorney-
General, who decided to indict the person
responsible in the High Court of Kaluatara
under case No. 444/04. The case is in
progress.
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260.
Hevana Hennadige Priyadarshana Fernando
(E/CN.4/2006/6/Add. 1, para. 418).
By letter dated 27/06/06 the Government
reported that although an investigation into this
incident was initiated, the complainant has
reported that he did not want to pursue the
said complaint and has withdrawn it.
Considering the withdrawal, it has been
decided not to proceed any further with the
said investigation.
261.
E. J. P. Kapila Fernando (E/CN.4/2006/6/Add. 1,
para. 418).
By letter dated 27/06/06 the Government
reported that the S IU's investigations are in
progress. Once the investigations are
completed the matter will be referred to the
Attorney-General for consideration of criminal
charges against the perpetrators.
262.
P. A Sampath Rasika Kumara
(E/CN.4/2006/6/Add. 1, para. 418).
By letter dated 27/06/06 the Government
reported that the S IU's investigations are in
progress. Once the investigations are
completed the matter will be referred to the
Attorney-General for consideration of criminal
charges against the perpetrators.
263.
Liyana Kankanamlage Vipula Saman Kumara
(E/CN.4/2006/6/Add. 1, para. 418).
By letter dated 27/06/06 the Government
reported that the S IU's investigations are in
progress. Once the investigations are
completed the matter will be referred to the
Attorney-General for consideration of criminal
charges against the perpetrators.
264.
H.M. Susantha Herath (E/CN.4/2006/6/Add.1,
para. 418).
By letter dated 27/06/06 the Government
reported that the S IU's investigations are in
progress. Once the investigations are
completed the matter will be referred to the
Attorney-General for consideration of criminal
charges against the perpetrators.
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265.
Mallikage Padma Wijesuriya and
Mudannayakage Christie (E/CN.4/2006/6/Add.1,
para. 418).
By letter dated 27/06/06 the Government
reported that the S IU 's investigations are in
progress. Once the investigations are
completed the matter will be referred to the
Attorney-General for consideration of criminal
charges against the perpetrators.
266.
Rohitha Upali Liyanage and Sarath Bandara
Ekanayake (E/CN.4/2006/6/Add.1, para. 418).
By letter dated 27/06/06 the Government
reported that S IU's investigations are in
progress. Once the investigations are
completed the matter will be referred to the
Attorney-General for consideration of criminal
charges against the perpetrators.
267.
Kaluthara Guruge Thilan Suranga Jayasinghe
(E/CN.4/2006/6/Add. 1, para. 418).
By letter dated 27/06/06 the Government
reported that S IU's investigations are in
progress. Once the investigations are
completed the matter will be referred to the
Attorney-General for consideration of criminal
charges against the perpetrators.
268.
Seneviratne Goshara Mudiyanselage Upali
Nissanka (E/CN.4/2006/6/Add.1, para. 418).
By letter dated 27/06/06 the Government
reported that S IU's investigations are in
progress. Once the investigations are
completed the matter will be referred to the
Attorney-General for consideration of criminal
charges against the perpetrators.
269.
D. V. R. (E/CN.4/2006/6/Add.1, para. 421).
By letter dated 27/06/06 the Government
reported that S IU's investigations are in
progress. Once the investigations are
completed the matter will be referred to the
Attorney-General for consideration of criminal
charges against the perpetrators.
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270.
Sudan
13/01/06
JUA
IJL; TOR;
Abdella Salih Hussain Mohamed, aged 35. On
25 December 2005, he was sentenced by the
Zalingy Special Criminal Court to cross
amputation of his right hand and left foot, and to a
total of six years' imprisonment in connection with
charges of murder and robbery at the A lhisahisa
Internally Displaced Persons Camp, Zalingy. He
was detained by the Zalingy police on 3 June
2005, and on 7 September, the case was
transferred to the Special Criminal Court.
Following presentations by both the prosecution
and defence, Mr Mohamed was found guilty on
the same day. The Special Court, established in
accordance with the State of Emergency Act 1998
by the Governors of Southern and Northern Darfur
Provinces, deals with crimes of armed robbery,
crimes against the State, as well as crimes
relating to drugs and public nuisance. According
to the information received, including admissions
from the Sudanese Minister of Justice, the Special
Criminal Court does not follow correct judicial
procedures and internationally recognized
principles of due process. The penalty for armed
robbery (Hiraba) under article 168 of the Penal
Code provides for, among other things, “... the
amputation of the right hand and left foot if his act
results in grievous hurt or robbery of property
equivalent to the minimum (Nisab) for capital
theft...”
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271.
10/04/06
JUA
WGAD;
FRDX;
TOR;
Osman Hassan Al-masri, General Secretary of
the Beja Congress in Gadarif State (arrested on 6
March 2006), Alamin Alhaj, Chairperson of the
Beja Congress in Gadarif State (arrested on 6
March 2006), All Hussain Omer, Member of the
Beja Congress Secretariat in Kassala State
(arrested on 7 March 2006 —transferred form
security detention to Kassala Prison, began a
hunger strike on 26 March 2006), All Omer,
Member of the Beja Congress Secretariat in
Kassala State (arrested on 8 March 2006),
Mahmoud Ibrahim Osman, Assistant General
Secretary of the Beja Congress in Kassala State
(arrested on 10 March 2006), All Omer
Mohamed All, Member of the Eastern Front
(arrested on 7 March 2006, began a hunger strike
on 26 March 2006), Haroun Mohamed All,
Member of Eastern Front (arrested on 7 March
2006, began a hunger strike on 26 March 2006),
Mohamed Din Suleiman, Chairperson of the
Secretariat of the Beja Congress in Kassala State
(arrested on 3 April 2006), Gafar Mohamed
Adam, General Secretary of the Beja Congress in
Kassala State General (arrested on 3 April 2006,
previously arrested on 10 March 2006) Mohamed
Osman Alkhalifa, Member of the Beja Secretariat
in Kassala State (arrested on 3 April 2006),
Hashim Hangag, Lawyer, Spokesperson for the
Beja Congress in Kassala State (arrested on 4
April 2006, previously arrested on 10 March
2006), and. Alamin Alfaidabi, Member of the
Secretariat (arrested on 4 April 2006). On 6, 7 and
8 March 2006, Osman Hassan Al-masri, Alamin
By letters dated 08/05/06 and 02/08/06, the
Government reported that Osman Hassan Al-
Masri and Alamin Alhaj were arrested on the
Sudanese-Eritrean border on suspicion of their
identity. They were released after their identity
was verified during interrogation. Ali Hussain
Omer and Ali Omer Mohamed were arrested
on 07/03/06 for supporting the armed branch of
Albiga Congress. They were released after the
investigation proved no charges against them.
Mohamed Din Suleiman, Gafar Mohamed,
Hashim Hangag, Alamin Alfaidabi and
Mohamed Osman Alkhalifa, were arrested on
2 March 2006 for inciting people to protest
against the existence of the police camp (anti-
smuggling) inside the State of Kasala. They
were released the next day.
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Alhaj, All Hussain Omer, All Omer, Mahmoud
Ibrahim Osman, All Omer Mohamed All and
Haroun Mohamed Ali,were arrested at their
homes in the Red Sea, Kassala and Gadarif
States in what appears to be a mass arrest by
security officers of leading members of the Beja
Congress in Red Sea, Kassala and Gadarif
States. They are held incommunicado, without
charge, in unknown locations in the area. All
Hussain Omer, All Omer Mohamed All and
Haroun Mohamed All have been on hunger strike
since 2 April 2006 in protest at their continued
detention. On 3 and 4Apr11 2006, Mohamed Din
Suleiman, Gafar Mohamed Adam, Mohamed
Osman Alkhalifa, Hashim Hangag and Alamin
Alfaidabi were arrested in similar conditions by
Security Officers in Kassala State, Eastern Sudan.
No reason was given for the arrests and
_______ _____________ __________ ______ ___________ detention .
272. 21 /04/06 AL TOR; lzdeen Hammed Adam Hassan, aged 24, a
computer technician. On 7 November 2005, he
was arrested at his workplace, the Elneel Center
in Rabak city, by National Security Bureau (NSB)
officers on suspicion of being a member of a
counterfeit gang. He was initially detained in Kosti
for four days. On 11 November 2005, he was
taken to Rabak Police Station where the
investigating officer informed him of the charges
against him. He told him to confess but lzdeen
Hammed Adam Hassan refused to do so. He was
then transferred into the custody of the Police
Investigation Forces (PIF), where he was
sublected to torture and ill-treatment by PIF
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members. PIF officers removed his clothes and hit
him in the face with their hands. They hung him by
his feet and hit his feet with a water hose. They
then hung him from the window bars with
handcuffs for approximately one hour until he
fainted. On 12 November 2005 at 8.30 am, they
hung him from the window bars against and told
him to confess. At 12.00 pm he was taken before
a judge in Rabak City. At the hearing he informed
the judge that he had been subjected to torture
and ill-treatment. On 13 November 2005, he was
taken before a different judge where he confessed
to being a member of a counterfeit gang. Bakheet
Alhaj Musa Sabeel, aged 26, of the Birgid tribe.
On 14 March 2005, he was arrested at Sania
Afandu camp by military intelligence officers. He
was taken to a military camp, one kilometre west
of Sanya Afondu Village. He was detained in a
hole in the ground for 13 days. During his
detention, he was subjected to torture and ill-
treatment by a group of officers. He was beaten
with guns all over his body, flogged on his back
and hit on the head with sticks. On 27 March
2005, he was transferred to a military intelligence
detention centre in Nyala and detained there for
six days. On 2 April 2005, he was moved to Nyala
West Central Police Station where he was
charged under Article 51 and Article 58 of the
Criminal Code. On 7 April 2005, he was
transferred to Nyala prison. Jamal lsmael
Ahmed, aged 25 and Hussain Ahmed Haroun,
aged 23 of the Zaghawa tribe. On 22 March
2005, they were arrested in Bajo Village near
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Maria by mihtary officers and the Janjaweed
mihtias. They were taken to a mihtary camp in
Maria. At the mihtary camp the Janjaweed mihtias
shot and kified Jamai ismaei Ahmed. Hussain
Ahmed Haroun was taken to a hoie in the ground
by the mihtias and beaten with sticks on his head
and ears. He was aiso fiogged on his back. On
31 March 2005, he was transferred to a mihtary
detention centre in Nyaia, where he was
subjected to further iM-treatment. On 7 AprU 2005,
he was transferred to Nyaia West Centrai Pohce
Station where he was charged under Articie 51
and Articie 58 of the Criminai Code. On 14 AprU
2005, he was transferred to Nyaia prison. I. A. M.,
aged 15.On 11 September 2005, he was arrested
at Sania Afandu Camp by mihtary intefligence in
Sania Afandu. He was taken to a mihtary camp in
Sania Afandu, where he was detained in a hoie in
the ground. According to the information
received, he is stiR in mihtary custody There are
concerns that he is at risk of torture or Wi-
treatment. Yahya Souleiman Mohamed, All
Haroun Suleiman, Salah Ishag Ahmed, Abdel
Razig Sideag Ahmed, Abubaker Ahmed
Mohamed and Vousif Soulieman Alhaj. On 11
September 2005, they were abducted by armed
mihtias and the Janjaweed from outside Kaima
Camp. They were taken to a remote area near
Kaima Camp beaten with sticks and fiogged aM
over their bodies. Ahmed Ibrahim Rahama,
aged 33, of the Zaghawa tribe. On 15 December
2004, he was arrested by security officers. Whiie
he was in detention he was beaten with sticks and
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electrical wire and had nylon melted onto his skin
every night for 45 minutes. He was released on 24
December 2005. On 30 March 2005, he was
rearrested. He was beaten with sticks and made
to stand under the sun for long periods of time.
He was detained in a room of approximately 2 x 2
metres with seven other people. On 7 July 2005,
he was released without charge. Salih Khider
Aalla, aged 35 of the Zaghawa tribe. On 11
December 2004, he was arrested by security
officers. During his detention he was made to
hold a heavy stone for four hours a day for three
days. On the third day he dropped the stone and
was beaten with electrical wires and sticks. He
was released on 1 January 2005. On 30 March
2005, he was rearrested. During his detention he
was beaten with electrical wires and made to
stand under the sun for a number of hours every
day. He was released without charge on 7 July
2005. HashimAbdellaTargiya, aged 18, and
Alsayid Adam Haroun, aged 32, both of the
Zaghawa tribe. On 12 March 2006, they were
arrested by police officers in Otash camp. They
were taken to Otash Police Station where three
police officers kicked them with their boots and
punched them in their faces. They tied their
hands together and forced them to move around
in circles. On 13 March 2006, they were released
without charge.
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273.
05/05/06
JUA
WGAD;
TOR;
A lsharief Hessain Shareif, aged 35, resident at
Kalma lOP camp, member of the Fur tribe and
Headmaster of Alsalam school, Abdel Rahman
Abdella Aldouma Adam, aged 45, a merchant
member of the Popular Congress Party (PNC)
from Nyala Hey Rayig, Abdella Aldouma Adam,
aged 42, a merchant, from Nyala Hey Almatar,
Adam Abdella Aldouma Adam, aged 35, a
merchant from Nyala Shamal and Omda Abaker
Mohamed Aldouma, aged 60, from Katayla. On
12 April 2006, A lsharief Hessain Shareif was
arrested by security officers whilst visiting a
relative at Nyala Hey Texsas. His whereabouts
are currently unknown. On 15 April 2006, Abdel
Rahman Abdella Aldouma Adam, Abdella
Aldouma Adam, Adam Abdella Aldouma Adam
and Omda Abaker Mohamed Aldouma were
arrested by security forces at different locations in
Nyala. They were taken to a security detention
centre in Nyala. They have not been charged with
any criminal offences and their relatives have
been denied access to them.
By letter dated 03/08/06, the Government
reported that Abdel Rahman Aldouma,
arrested on 16/04/06, was released on
19/06/06. A lsharief Hessain, arrested on
4/04/06, was released on 12/05/06. Abdella
Aldouma and Adam Abdellah Aldouma,
arrested on 16/04/06, were released on
19/04/06. Omda Abaker, arrested on 16/04/06,
was released on 3/05/06. The above-
mentioned persons were arrested on suspicion
of supporting the rebels and were released
after the investigation proved no charges
against them.
274.
19/05/06
JUA
WGAD;
HRD; IJL;
TOR;
Mr Mossaad Mohamed Ali lawyer and
Coordinator of Amel Centre for the treatment and
rehabilitation of victims of torture in Nyala, and Mr
Adam Mohammed Sharief, member of the Amel
Network of Lawyers in Nyala. On 15 May 2006 at
9:30 am, Mossaad Mohamed Ali and Adam
Mohammed Sharief were summoned for
questioning at their offices by officers from the
National Security Bureau (NSB) in Nyala. They
were first detained without charges for thirteen
hours in a cell in the NSB offices and were
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eventually released at 10 pm on the same day.
On 16 May 2006, in the early morning, they were
summoned once again to the NSB offices where
they were arrested. No reason was given for their
arrest and their family, legal counsel and UNMIS
were denied access to them.
275.
15/08/06
JAL
Racism;
TOR;
VAW;
Rape of a group of women at Kalma Internally
Displaced Camp in Nyala, Southern Darfur. On
24 July 2006, approximately 25 armed militias,
some wearing army uniforms, attacked a group of
twenty women aged 19-42 outside Kalma
Internally Displaced Camp, while the women were
collecting firewood. All the women belong to the
Fur ethnic group. The militiamen beat the women
with the butts of their guns and flogged them
before raping seventeen of them. There has been
a steady gathering of armed militias, reportedly
the Arab Janjaweed, in the surrounding areas of
Kalma camp. In the past, these militias have
attacked humanitarian workers and undertaken
nightly armed incursions into the camp in order to
loot property
276.
25/08/06
JAL
Adequate
housing;
FRDX;
HRD;
TOR;
Naser Eldien Ahmed Altayeb, a journalist
working for the Arabic daily Alayam. On 16
August 2006, Naser Eldien Ahmed Altayeb was
arrested by the police, taken to a nearby vehicle
and allegedly beaten by police officers. As a
result, he was hospitalized at the Khartoum
Teaching Hospital. Naser Eldien was reporting on
the forced relocation of residents in Dar al
Salaam, Algazera Province, mainly internally
displaced persons (IDP5) from Southern Sudan
and Darfur who have resided in the area for over
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two decades.
277. 29/09/06 JUA WGAD; Saleh al-Sayer Muhammad, Fursha of Foro
IJL; TOR; Baranga (a member of the Native Administration),
Muhamed Saleh Ismail, Bara Benzi, Nasr al-Din
AbakirVounes, Adam Khamis Idriss, Juma
Adam, Vousif Zackaria and Adam Abubaker
and four other unidentified individuals. Between 3
and 9 September 2006, the above-mentioned
individuals were arrested by members of the
National Intelligence and Security Services (NISS)
in and near Foro Baranga town, West Darfur. All
12 detainees were reportedly beaten at the NISS's
Office in Foro Baranga by men in military
uniforms. They were allegedly beaten with sticks,
whips and a car fan-belt. On 11 September 2006,
Adam Khamis Idriss, Juma Adam, Yousif Zackaria
and Adam Abubaker were reportedly released in
Foro Baranga. On 16 September 2006, the
Acting Director of NISS confirmed that the NISS
was holding seven of the detainees and that they
had not been brought before a Prosecutor,
despite the 72 hours time-limit established by the
1999 National Security Act. The Prosecutor did
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not refer to the whereabouts of the eighth
detainee. The detainees were denied access to
their family members, lawyers, judicial authorities
and medical treatment. On 19 September 2006,
six of the detainees were taken to the NISS Office
in Habila, where people heard screams coming
from the office. The following day, the detainees
were taken to the El-Geneina Office, where they
remained in incommunicado detention. It was
further reported that the detention of these 12
persons was carried out in response to a rebel
attack on a Central Reserve Police post in the
Village of Gemeza Babiker. Fears have been
expressed that the detainees may be subjected to
further acts of torture or ill-treatment.
278. 03/1 0/06 JUA WGAD; Abulgasim Ahmed Abulgasim, aged 52, an
TOR; engineer originating from the area of Kutum in
North Darfur. He was reportedly a member of the
SLM negotiation team at the Inter-Sudanese
Peace Talks on Darfur which were concluded in
Abuja in May 2006. On 26 September 2006 at
around 7:00 pm, Abulgasim Ahmed Abulgasim
was arrested by Saudi security forces at his
residence in Al Faisalia area in the town of
Jeddah, Saudi Arabia, where he had been living
for close to 30 years. The Saudi authorities
handed him over to the security service of the
Government of Sudan. He was flown to Sudan
and arrived at Khartoum airport at about 20:30 on
28 September 2006. His current whereabouts are
unknown.
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279.
Syrian Arab
Republic
20/1 2/05
AL
TOR;
A group of up to 40 university students in the
Governorate of Latakia. In April 2005,
approximately 40 university students were
detained by the Syrian security forces. They were
reportedly arbitrarily detained on the basis of their
membership in an unrecognized student group.
They were not charged with any specific criminal
offences. In May 2005, six of the students were
released. They alleged that they had been beaten
and subjected to electric shocks whilst they were
in detention. According to the information
received, five or six of the students remain in
detention.
By letter dated 6/01/06, the Government
reported that in order to verify the accuracy of
the allegations, the Government would
appreciate the names of the concerned
individuals.
280.
23/12/05
JAL
FRDX;
HRD; IJL;
TOR;
Mahmoud Jamil, aged 43, a Kurdish lawyer and
human rights defender. He has been arrested on
three separate occasions in connection with his
activities advocating for the rights of Kurdish
people living in Syria. On each of these
occasions, he has been subject to torture or other
forms of ill-treatment. In 1992, he was initially
arrested by the state security forces on suspicion
of posting banners on walls containing statements
demanding rights for stateless Kurds. He was
detained for 21 days and did not have access to a
judge during that time. He was kept in an
overcrowded cell on the first day of his detention,
and was then interrogated and tortured from noon
until 10pm in Ras El Em. He was allegedly
punched by a superior officer in his right eye,
causing it to bleed, kicked and punched in the
spine by five men, beaten with a baton whilst lying
naked in a rubber tire in a foetal position,
electrocuted by wires attached to his toes then to
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his genitals until he lost consciousness. He was
raped with a bottle. He was subsequently moved
to Qamishli Prison, where he was beaten and
punched during the first five days, deprived of
food and prevented from using the toilet more
than twice a day. He was subsequently released,
after his wounds had healed. On 17 April 1996 he
was arrested for the second time and was
sentenced to four years in prison on charges of
being a member of the Yakidi party and promoting
cessation and sectarianism in Syria. During pre-
trial detention he was kept in solitary confinement
in a cell 170 x 180cm for 50 days. The guards
often stole the food and money delivered to him
by his relatives. A number of advocates wanted
to defend him on a pro bono basis, but were not
allowed access to him. On 8 April 2004 he was
arrested for the third time following a spontaneous
demonstration at the bazaar in Ras El Em
following the March 2004 uprising in Qamishli. He
was arrested by ten men at 3am and beaten,
punched and kicked before being forced into a
car, and blindfolded. At the detention facility, he
was beaten and the superior officer kicked him in
the stomach. He was stripped to his underwear,
blindfolded with plastic, put in a tire, beaten with
sticks and whipped with metal cables for about
one and a half hours. He was then put in a small
room, denied water and prevented from sleeping.
At 7am on 9 April 2004, he was taken to
Hassakeh Prison with eight others and kept in
underground rooms. He and seven others were
lined up naked against a wall and sprayed with
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water from a hose. He was then taken to a room,
pushed into a tire and beaten with cables and
sticks. He was interrogated and treated in this
manner for a period of five days. He was
subsequently taken to Damascus with 85 other
people. They were transported in three military
trucks, blindfolded and had their hands tied
behind their backs. The officers insulted them
throughout the journey and threatened that they
would not see their homes again because they
were going to die. Upon arrival at Saidnaya
Military Prison on 10 April 2004 they were all
beaten by a large number of military police for
over five hours. Mr Jamil was then detained with
about 30 people in a cell measuring 6 x 6 meters.
At 8pm, ten persons entered the cell and began
beating and kicking the detainees. This treatment
occurred four to six times a day for the next six
days. The detainees were also forced to imitate
dogs and donkeys. After six days, he and the
other detainees were interrogated for the next
month, and were regularly subjected to similar ill-
treatment. During the period from 13 April to 26
June 2004, Mr Jamil was taken to Adra Prison,
which is also known as the Central Prison of
Damascus. He was brought before different
military courts on a number of occasions. On 30
March 2005, he was released as a result of a
presidential amnesty.
281.
21/02/06
JUA
WGAD;
Ali Nazeer Mustafa and Mr Husam Ali Mu lhim
By letter dated 30/08/06, the Government
FRDX;
both aged 21. They were arrested by Air Force
reported that Ali Nizar and Husam Ali took part
TOR;
Intelligence officers in Damascus, on 26 January
in activities hostile to the State. Accordingly,
2006. They miqht be detained at the Air Force
the two men were arraiqned before the Hiqher
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Intelligence Branch in Harasta, near Damascus.
They are held incommunicado, and no formal
charges against them are known to have been
raised.
State Security Court, pursuant to arraignment
order No. 2/9/1 00 of 4 April 2006. They are still
on trial.
282.
06/04/06
JUA
WGAD;
FRDX;
TOR; HRD
All al-Abdullah, a journalist writing for several
Arab newspapers, including Al Nahar, Al Hayat
and Al Quds En Arab!, and a member of the
Atassi Forum (subject of a previously transmitted
communication, E/CN.4/2006/6/Add.1, para. 475).
According to the Government's response he was
released from detention. Unfortunately, this
communication did not address the concerns
expressed in the letter related, among other
things, to incommunicado and then solitary
confinement, and risk of torture or other forms of
ill-treatment. On 23 March 2006, Ali al-Abdullah
and his son Mohammad were arrested at their
home in Ktene, south of Damascus. It is not
known whether the officials carrying out the arrest
showed an arrest warrant or other document
justifying the deprivation of liberty and setting forth
the charges against the two men. It is also not
known where the two men are being detained.
At the time this report was finalized, the reply
of the Government of 10/07/06 had not been
translated.
283.
11/04/06
JUA
WGAD;
IJL; FRDX;
TOR;
Mohammed Ghanem, a novelist and journalist,
resident in Ar-Rika, North Syria. On 31 March
2006, he was arrested by officers of an armed
patrol of the Syrian Military Intelligence
Department (SMID) at his residence. The SMID
immediately transferred him to Damascus, where
he is currently detained in the “Palestine Branch”
of the Military Intelligence Security (Branch 235).
It is not known whether he has been charged with
any offense, and he has not been allowed to meet
By letter dated 10/07/06, the Government
reported that Mr. Ghanem was arrested on 31
March 2006 for carrying out activities hostile to
the State, calling for the dismemberment of
Syria and the establishment of sectarian and
ethnic statelets. Such activities are punished
by Syrian law in accordance with articles 286
to 307 of the Syrian Criminal Code. Mr.
Mohammed Ghanem was brought before the
military prosecution department in Damascus
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either his lawyer or members of his family.
on 7 April 2006 for an examination of the
charges against him and not, as the OHCHR
letter claims, for writing articles condemning
human rights violations in Syria. Mr. Ghanem
is a Syrian citizen and Syrian law guarantees
his civil rights just like those of all Syrians. It
also guarantees him protection against torture
and inhuman treatment.
284.
04/05/06
JUA
WGAD;
FRDX;
HRD;
TOR;
Fateh Jamus, a human rights defender and pro-
democracy activist.On 1 May 2006, he was
arrested and detained by State Security Officers
at Damascus Airport, Syria. He had just returned
from a trip to Europe during which he had spoken
at an Amnesty International conference about
human rights and asylum issues. He is currently
being held in incommunicado detention at State
Security Branch 255 in Damascus.
285.
17/05/06
JUA
WGAD;
FRDX;
HRD;
TOR;
Michel Kilo, president of the Organization forthe
Defence of FRDX and the Press, an organization
that advocates for the right of freedom of
expression and opinion in Damascus; and a
journalist with aI-Quds, an Arabic paper that is
published in London. On 14 May 2006, Mr Michel
Kilo was summoned to meet with the Syrian
intelligence services. It is reported that since this
date he has been in incommunicado detention
and his whereabouts are unknown.
286.
02/06/06
JUA
WGAD;
FRDX;
HRD; IJL;
TOR;
Mr Michel Kilo (subject of a previously
transmitted communication, see above), Mr
Anwar Al Bunni, human rights lawyer and
member of the Syrian Organization for Human
Rights, Mr Ghaleb Ammar, board member of the
Arab Organization for Human Rights (AOHR), Mr
By letter dated 30/10/06, the Government
reported that a legal case has been brought
against Mr. Al-Bunni for battery and assault of
Ms. Ghada al-Hamawi. When this woman was
examined by a police doctor, she was found to
have bruising on the stomach and head and
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Mahmoud Merri, secretary of the AOHR, Mr
abrasions on the stomach and in the pelvic
Sulieman Al Shamr, member of the National
area. She was prescribed 20 days of
Democratic Coalition, Mr Abbas Abbas, a
treatment and 10 days off work. The incident
journalist, Mr Khalil Hussein, leader of the
happened after lawyer Anwar al-Bunni refused
organization Kurdish Future” an organization that
to return the money he had taken from her
defends the rights of the Kurdish population in
pursuant to a contract engaging him as her
Syria, Mr Mahmoud Issa, former political
defence counsel. The case is still before the
prisoner, and Mr Nidal Darwish, board member
courts.
of the Defence Commission for Human Rights and
Democratic Freedoms in Syria. Mr Anwar Al
Bunni, Mr Ghaleb Ammar, Mr Mahmoud Merri,
Mr Sulieman Al Shamr, Mr Abbas Abbas, Mr
Khalil Hussein, Mr Mahmoud Issa and Mr Nidal
Darwish were also the subjects of an urgent
appeal sent on 19 May 2006. The above
mentioned people were arrested on 17 and 18
May 2006 and are currently detained in Adra
Prison in Damascus. They have been charged
with weakening nationalist feelings and inciting
racial or sectarian strife”, under article 285 of the
Syrian Penal Code. It is further reported that
during their interrogation they were beaten by
prison officers and that they have been allowed to
meet with their lawyers only once since their
arrest. Mr Anwar Al Bunni has allegedly been on
hunger strike since his arrest on 17 May 2006 in
protest at his arrest and detention. It is reported
that he is currently in a weakened state of health.
287.
19/06/06
JUA
WGAD;
TOR;
Abdullah Al Mansouri, chairman of the Ahwaz
Liberation Organization (ALO), an active member
of the international human rights organization
Amnesty International and a Dutch citizen, and Mr
Rasool Mezrea, a member of the ALO. On 11
By letter dated 20/10/06, the Government
reported that he is called Falih Abdullah Niku
Sharshat and he has a pseudonym, which is
Falih al-Mansouri. He entered the Syrian Arab
Republic on 8 May 2006, at Damascus
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May 2006, they traveled to Damascus to meet
International Airport, using an Iranian passport
with Ahwaz refugees residing in Syria. Shortly
- No. 5074822 - and an Iranian identity card -
after their arrival in Damascus, they were arrested
No. 875880. He was arrested on suspicion on
by Syrian security forces. The legal grounds for
11 May 2006, in the Babila area of the
their arrest are unknown or why they are being
governorate of rural Damascus. While he was
held incommunicado in the Palestine Prison in
being questioned, a notice arrived from the
Damascus.
Interpol Office in Tehran addressed to the
Interpol Office in Damascus. In it, the Islamic
Republic of Iran requested that this person be
handed over to it on the grounds that he and a
number of his companions had formed a gang
in the governorate of Khuzistan in 2005 which
had proceeded to carry out bomb attacks and
operations against the Government and public
installations. The gang had further committed
robberies, had killed 20 persons and injured
200 others, and had damaged public and
private property. This individual was being
sought pursuant to arrest warrant No. 85 /12,
dated 14 May 2006, which had been issued by
the Al-Ahwaz city public court. During
questioning, he admitted the charges against
him. He was handed over to the Iranian
authorities on 16 May 2006 in accordance with
the Judicial Cooperation Agreement signed by
the Government of the Syrian Arab Republic
and the Islamic Republic of Iran on 15 May
1999.
288.
29/06/06
AL
TOR;
Sa'id ‘Awda al-Saki, an Iranian Arab refugee,
aged 35. On 11 May 2006, Said Awda al-Saki
was arrested in Damascus, Syria, at the request
of the Iranian authorities. Three days later, he was
transferred to Iran. In 2000 or 2001, Said Awda
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al-Saki, who was then an activist with an Arab
political group in the city of Ahvaz, fled Iran to
Syria after four other activists from the same
political group were arrested and executed. He
was subsequently recognised as a refugee by the
Office of the United Nations High Commissioner
for Refugees (UNHCR) in Damascus. He had
been accepted for resettlement in Norway, and
was scheduled to travel there on 25 May 2006.
289.
29/06/06
JUA
WGAD;
TOR;
Sa'ad Noo n Hussain al-Jibuni, aged 62, an Iraqi
with Danish citizenship. On 6 June 2006, he was
detained at Aleppo Airport on his way back from
Iraq to Denmark. He is thought to be being held at
the Palestine Branch (Far' Filistin) of Military
Intelligence in Damascus in a small cell with 25
other Iraqis. No reasons have been given for his
arrest or detention. Reports have been received
that detainees are being routinely beaten and fed
meals consisting of four loaves of bread between
them every other day. There are additional
concerns about Sa'ad Noon Hussain al-Jiburi's
health as he suffered a stroke last year.
290.
23/08/06
JUA
WGAD;
FRDX;
HRD;
TOR;
All Shahabi, an intellectual, writer and teacher,
who has been involved in promoting fundamental
freedoms and democracy in Syria by taking part in
public discussions forums, sit-ins and meetings
dedicated to the defence of human rights. On 10
August 2006 at lOam, Mr Shahabi was reportedly
summoned to the State security services in
Damascus, as has been regularly the case over
the last past months. He has not been seen or
heard of since then. On 12 August 2006, Mr
Shahabi's wife enquired about him at the State
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Security Centre at Kafr Soussa, Damascus, and
was told that he was being held there, but that she
could not see him. No explanation was reportedly
given for his summons or continuing detention. On
17 August 2006, Mr Shahabi's wife tried a second
time to visit him, but again was reportedly denied
access to him, although security officers did take
some personal items from her which they said
they would give to him. She was told to make an
official application to get permission to see him
and to return again in another week. Mr Shahabi
has reportedly not been charged with any offence.
The conditions of his detention are unknown.
291. 12/10/06 JAL FRDX; Online journalists Muhened Abdulrahman and
TOR; All Sayed al-Shihabi. On 7 September 2006,
Muhened Abdulrahman, a journalist working for
independent news sites Rezgar and Syr/anforum,
was arrested by security services in Damascus on
his return from the Village of Qamishly, where he
had interviewed a Kurdish political leader. Since
then, his whereabouts are unknown. On 10
August 2006, Ali Sayed al-Shihabi, editor on the
site Rezgar, was summoned to a meeting with
state security agents in Damascus. He has not
been seen since then. On 12 August ,Mr Al-
Shihabi's wife enquired about him at the State
Security centre at Kafr Soussa, in Damascus. She
was told that Mr Al-Shihabi was being held there
but she was not allowed to see him. Reportedly,
he has not been charged with any offence and no
explanation has been given for his detention.
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292.
Tajikistan
Follow-
upto
past
cases
Case of Muhamandruzi lskandarov
E/CN.4/2006/6/Add.1, para. 481
By letter dated 24/10/05, the Government
reported that Muhamadruzi lskandarov's
complicity in the commission of a number of
other serious and especially serious offences
was proved by the preliminary investigation.
As a result of the investigation, in June 2005
he was charged with the commission of
offences under several articles of the Criminal
Code of the Republic of Tajikistan. In the
course of the proceedings, evidence collected
both during the court hearings and in the
judicial examination was examined fully, with
the involvement of the defendant,
M. lskandarov, his defence counsel and other
participants in the proceedings. The evidence
was also subjected to the appropriate legal
scrutiny. Allegations that illegal methods had
been used during the pretrial investigation
were examined during the hearing and a legal
ruling was passed on their substance. In
particular, during the trial it was established
that at the pretrial investigation the defendants
M. lskandarov, 0. Sakovarov and E. lbrogimov
had been assigned defence counsel, and the
investigative actions had been performed with
their involvement. During the investigation
they made statements admitting their
complicity in acts of terrorism and illegal
storage of weapons and ammunition. During
the pretrial investigation the defendants had
lodged no complaints or objections concerning
the manner in which the investigation was
conducted or alleging the use of prohibited
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methods of investigation, although they had
had every opportunity to do so. Witnesses,
namely the head of the police task force, the
head of the investigation team, a detective, the
Procurator of Tajikabad District and a task
force member, explained at the court hearing
that from the moment they were taken into
custody, the defendants had quite
spontaneously, freely, and without any
coercion made statements admitting their
complicity. During the investigation no
pressure of any kind of mental or physical
force had been applied at anytime. In
accordance with due process, all the
defendants had been provided with lawyers -
two defence lawyers in the case of M.
lskandarov - and the lawyers had been present
when they made their statements admitting
their complicity in the offences. The fact that M.
lskandarov and D. Sakorov had made their
statements without coercion or pressure of any
kind during the investigation is confirmed by
video recordings of their testimony during the
pretrial investigation, in which they testify freely
in the presence of their lawyers with regard to
the offences committed, and also give replies
to the lawyers' questions in which they admit
their complicity. The testimony of K. Toirova,
M. lskandarov's mother, can be cited in
confirmation of the facts in the statements
made by M. lskandarov, D. Sakovarov and E.
lbrogimov. In her testimony, K. Toirova
confirmed that D. Sakovarov called on M.
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Ahmadov in the Rasht District and passed on
the instructions from M. lskandarov. D.
Sakovarov's own testimony confirms that, after
receiving M. lskandarov's instructions, he first
called on M. Ahmadov in the Rasht District and
passed on M. lskandarov's instructions about
the launching of the operation, and then
repeated them to E.A. lbrogimov. This
testimony by D. Sakovarov tallies with the
testimony given by M. lskandarov, E.
lbrogimov, the witness K. Toirova, and other
facts of the case. Taken together, all these
facts disprove allegations that prohibited
methods were used against these defendants
during the pretrial investigation, and that they
were prevented from communicating freely. No
material evidence was obtained during the
hearing to support M. lskandarov's allegations
that unauthorized methods had been used
during the pretrial investigation. It may
therefore be concluded that it was with the aim
of misleading the investigation and evading
prosecution that the accused, M. lskandarov,
argued at the hearing that he had supposedly
been subjected to mental pressure, and had
made the statements admitting his complicity
under duress.
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293.
Tanzania
01/09/06
UA
TOR;
Agnes Ntamabyaliro, former justice minister for
Rwanda. Ms Ntamabyaliro is currently in the
custody of the United Nations International
Criminal Tribunal for Rwanda in Arusha, where
she testified on 21 and 29 August 2006. She is
due to be rendered by the UN authorities to the
Rwandan authorities on Friday, 1 September,
where she faces charges of genocide. If
convicted, she may be sentenced to the death
penalty. It is alleged that because of her testimony
before the ICTR, she may be subject to torture,
inhuman or degrading treatment by the Rwandan
authorities. After obtaining refugee status in
Zambia, on 27 May 1997, Ms Ntamabyaliro was
kidnapped by Rwandan government agents,
disguised as members of the Zambian
Immigration Service. From there, she was taken
to Kigali where she was detained for nine years
without charges or trial. It is alleged that she was
subjected to severe mistreatment, including 28
days without food, having only access to tap water
and 3 months without being able to shower or
change her clothes and detained in a dark room.
For the first two years, she was held in solitary
confinement. All of these facts have been brought
to the attention of the Prosecutor of the ICTR, who
has not disputed them.
294.
Thailand
06/07/06
UA
TOR;
A group of 231 ethnic Hmong Laotian
refugees. On 5 June 2006, they were arrested
near a refugee camp in the Village of Huay Nam
Khao, in the Province of Phetchabun. They are
now being detained at Khao Kho District jail.
There are concerns that they may be forcibly
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returned to Laos, where they would be at risk of
serious human rights violations, including torture
and ill-treatment. In this regard, a group of 27
ethnic Hmong refugees, including children, from
Huay Nam Khao refugee camp were forcibly
returned to Laos on 5 December 2005 and have
been detained incommunicado since then,
reportedly in deplorable conditions.
295.
24/11/06
UA
TOR;
Satyaphavan Aseervatham, Sasikaran
Thevarajah and Sujith Gunapala, Sri Lankan
nationals. The three men are currently detained
at the Bangkok Immigration Detention Centre, and
are at imminent risk of forcible return to Sri Lanka.
They are reportedly members of the LTTE and
have prior convictions for weapons smuggling in
Thailand. Concern is expressed that the men may
be at risk for torture or ill-treatment were they to
be returned.
296.
Follow-
up to
past
cases
Anek Yingnuek (E/CN.4/2006/6/Add. 1, para.
482).
By letter dated 30/11/06, the Government
reported that On 9 August 2004, Mr Yingnuek
was arrested by police officers of Phra Nakorn
Sri Ayutthaya Police Station for gang robbery.
On 14 November 2004, relatives of Mr
Yingnuek filed a formal complaint alleging the
police lieutenant-colonel and his colleagues
brutally forced Mr Yingnuek to confess to the
crime. Mr Yingnuek was medically examined
after the complaint was brought to the
consideration of the authorities concerned, but
no physical injury was found. As the allegation
concerned malfeasance committed by State
officials acting in their official capacity, the
case was submitted to the Office of the
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National Counter Corruption Commission
(NCCC) for further investigation in accordance
with the Counter Corruption Act of 1999. Due
to the seriousness of the allegation, the police
lieutenant-colonel and his colleagues have
been suspended from duty pending the
investigation. The confinement measure
imposed on Mr Yingnuek was in accordance
with section 14 of the Correction Act B.E. 2479
(A. D. 1 936) which states that there shall be no
confinement imposed on the detainee except
in case a person tries to escape detention” .
297. Ural Srineh (E/CN.4/2006/6/Add.1, para. 483). By letter dated 30 /11/06, the Government
reported that the Department of Rights and
Liberty Protection under the Ministry of Justice
together with the National Police Office, have
been appointed to conduct the investigation on
the abduction of Mr Srineh. The evidence and
information from the witnesses strongly
indicates that Mr Srineh was not abducted or
mistreated by police officers, and there is no
evidence to support the allegation that police
officers have been involved in the abduction.
Mr Srineh was abducted by a group of
unknown men who brutalized him in search of
what he might know concerning the murder of
six Cambodian migrants.
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298.
Hamzah bin Saud (E/CN.4/2006/6/Add.1, para.
484).
By letter dated 13/03/06, the Government
reported that he was arrested on a number of
criminal charges. The investigation and judicial
process was conducted in accordance with the
rule of law that guarantees that he was not
subjected to unfair, ill-treatment or torture
committed by the authority. He is being
detained at the Bangkok Special Prison, and is
awaiting the Criminal Court ruling.
299.
Tonga
08/1 2/06
JUA
WGAD;
HRD; TOR;
Dozens of persons affected by the violent
events surrounding a pro-democracy march, in
Nuku'alofa. On 16 November 2006, what began
as a peaceful pro-democracy march through
central Nuku'alofa turned violent, when other
persons engaged in extensive looting and arson,
and property damage. The city was cordoned off
by the Tonga Defence Service personnel and
Police Officers from the Ministry of Police. Under
the Emergency Powers (Maintenance of Public
Order) Regulations 2006, they were granted wide
ranging powers, including the ability to arrest and
detain any person for a period not exceeding 48
hours. Security forces arrested scores of persons
especially targeting pro-democracy leaders who
had organised and participated in the march or
had given speeches at Pangai si'i, even though
they were not involved in the riots or the looting of
shops. Prisoners reported that the vast majority of
injuries to them occurred during arrest and in
transit to the Nuku'alofa Police Station, primarily
at the hands of the Tonga Defence Services.
Injuries included facial cuts, swelling and bruising;
ripped ears; broken and missing teeth; split lips
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and heavily bruised ribs. The predominant
weapons used by security forces were reported to
be rifle bulls. The Emergency Ward of Vaiola
Hospital reported receiving a number of patients
with serious injuries. At the Nuku'alofa Police
Station prisoners were subject to verbal abuse
from police officers while waiting to be processed
inside the Station. Male prisoners were then strip-
searched, sometimes in front of female officers.
The prisoners were not offered access to lawyers,
or such requests were ignored. Many families
were unaware that their relatives were detained
until they had been released several days later.
Interrogations were held on the third floor of the
Nuku'alofa Police Station and were reported to be
frequently violent, including some detainees being
beaten with furniture, slapped and punched in the
face, forced to sign confessions, and subjected to
threats of physical and sexual violence, with
officers holding a large broom stick. Some
prisoners were handcuffed continuously for up to
four days. The worst conditions were reported to
be in prison cells numbered 5 to 7, which
contained the majority of persons who had been
physically assaulted. Prisoners reported
overcrowded conditions, particularly in the days
immediately following the march. For example, in
cell 7, up to 64 prisoners were held in a cell with a
capacity for 16. Prisoners were forced to sleep on
the floor, or on the wooden or wire slats of the
bunks, without bedding materials. Toilet visits
were restricted, and eventually led to filthy
conditions amidst the stench of urine and faeces.
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Prisoners were required to wash in a bathroom
sink without soap. The average daily diet was
reported to consist of half a loaf of bread each, a
can of tinned fish between the prisoners in the cell
and a glass of water. Up to 50 children, as young
as 13 years, were reportedly detained at one
point. This included approximately 30 children
being held in prison cell number 7 together with
30 other adults. By 30 November, eight persons
were reported to have been killed in the ensuing
violence. Approximately 120 to 140 persons were
taken into custody, and by 29 November, 109
suspects were still detained. Fifteen children were
still in custody on 1 December. Around 355
suspects have been charged by the Ministry of
Police with various offences, including arson and
theft. Persons involved in the pro-democracy
march or who gave speeches at Pangai si'i on the
day of the riots were told that they should expect
to be held until 20 December 2006 .
300. Tunisia 12/05/06 JUA FRDX; Ayachi Hammami, Raouf Ayadi et Abderrazak
HRD; IJL; Kilani, avocats, ainsi que d'autres membres du
TOR; Conseil de l'ordre des Avocats. Le 11 mai 2006
au matin, des agents de Ia police auraient
agressé plusieurs avocats devant Ia Maison du
Barreau a Tunis. Me Ayachi Hammami aurait
perdu connaissance a Ia suite des coups violents
qu'il aurait reçus. Me Raouf Ayadi et Me
Abderrazak Kilani, membres du Conseil de l'Ordre
des avocats, auraient egalement été blesses. Ils
auraient été hospitalises avec retard car les
services d'urgence n'auraient été autorisés a
accéder aux lieux oO se trouvaient les blesses
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qu'une heure aprés les faits. Au moment des faits,
Me Ayachi Hammami, Me Raouf Ayadi et Me
Abderrazak Kilani ainsi que d'autres avocats
auraient tenu un sit-in devant leurs locaux en
signe de protestation contre des attaques dont
I'ordre des avocats aurait fait I'objet les jours
precedents. Selon les informations reçues, le 8
mai le Ministére de Ia justice aurait presente au
Parlement un projet de Ioi, prepare de façon
unilaterale, portant creation dun Institut de
formation des avocats, alors qu'une commission
mixte associant le Conseil de I'ordre des Avocats
et le Ministére de Ia Justice aurait au prealable
travaille sur un projet de Ioi commun. La creation
de cet Institut ferait partie dun programme de
modernisation de Ia justice finance par l'Union
europeenne qui prevoirait Ia participation active
du Conseil de l'ordre des Avocats dans Ia
definition et Ia gestion de cette institution. Le 9
mai, une delegation du Conseil de l'ordre des
Avocats qui se serait dirigee vers le Parlement en
vue d'informer les deputes de leurs propositions
aurait ete bloquee par les forces de police qui, en
usant de violences verbales et physiques,
auraient quadrille le quartier et barre Ia voie aux
membres du Conseil de I'Ordre en les empechant
de rejoindre le Parlement. Le 9 mai au soir, Ia
Chambre des deputes aurait adopte le projet de
Ioi en question, dans Ia version elaboree de façon
unilaterale par le Ministére de Ia Justice et sans
avoir pu connaItre les propositions du Conseil de
I'ordre des Avocats. Depuis lors, il serait interdit
aux avocats de se rendre a Ia maison du barreau.
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301.
31/05/06
JUA
FRDX;
HRD;
TOR;
Ligue tunisienne des droits de l'homme
(LTDH) et certains de ses membres. Le 27 mai
2006, a i' occasion de l'ouverture prévue du 6ème
congrés de Ia LTDH dont Ia tenue aurait été
interdite par les autorités, les principales villes de
Tunisie abritant des sections locales de
l'organisation notamment Bizerte, Gafsa,
Jendouba, Monastir auraient été le théätre
d'impressionnants deploiements des forces de
police, visant a empecher les membres de Ia
LTDH de rejoindre Ia capitale. Parallélement
Tunis, de nombreux barrages policiers aurait été
établis pour bloquer les rues menant au siege de
Ia LTDH. En outre, plusieurs membres de Ia
LTDH qui tentaient de rejoindre le siege de a
ligue auraient été victimes de violences verbales
ou physiques, en particulier Khedija Cherif, Héla
Abdeljaoued et Samia Abbou, auraient été
frappees et insultées par les forces de l'ordre.
Souhayr Be lhassen, vice-presidente de Ia LTDH,
aurait été giflee et insultée par des policiers en
civil qui aurait arrété son véhicule, alors qu'elle
raccompagnait plusieurs observateurs
internationaux a leur hotel. Mme Be lhassen a fait
l'objet d'un appel urgent envoye le 20 avril 2006
par le Rapporteur special sur Ia promotion et Ia
protection du droit a Ia liberté d'opinion et
d'expression et Ia Representante speciale du
Secretaire General concernant Ia situation des
defenseurs des droits de l'homme. D'autres
defenseurs des droits de l'Homme et
representants d'institutions internationales invites
au congrés parmi lesquels Hélêne Flautre,
Par une lettre datée du 05 octobre 2006, le
Gouvernement a repondu que le 5 septembre
2005 le tribunal de premiere instance de Tunis
avait suspendu le Congres de Ia LTDH, en
raison de violation par le comité directeur des
statuts et du reglement intérieur de Ia ligue.
En quete d'un reglement a l'amiable, les
plaignants ont retire leur plaint afin de trouver
une solution au litige. Cependant, le Comité
directeur a décidé de tenir un congrés les 27 et
28 mai 2006. Les plaignants ont alors de
.
nouveau saisi Ia justice qui a suspendu, le
18 avril 2006, par jugement en référé, le
Congres de Ia ligue. A Ia demande d'un
huissier de justice mandate par les plaignants,
le Procureur de Ia Republique territorialement
competent a autorisé l'assistance de Ia force
publique pour l'exécution du dit jugement.
C'est dans ce contexte que l'intervention
autorisée de Ia police s'est déroulée selon les
procedures usuelles prévues par Ia loi.
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presidente de Ia Sous-Commission des droits de
I'homme du Parlement européen, et Abdeihamid
Amine, président de I'Association marocaine des
droits humains (AMDH) auraient également été
brutalisés et empechés d'accéder aux locaux.
Enfin, certains quotidiens locaux ou nationaux
réputés proches du pouvoir, notamment le
Temps, Echourouk ou Assabah, auraient publiés
les communiqués de presse de presidents
autoproclamés de sections non reconnues de Ia
LTDH visant a calomnier et menacer les membres
_______ ____________ _________ ______ ___________ de l'organisation . _______________________________________
302. Follow- Moncef Louhichi (E/CN.4/2006/6/Add.1, par. Par une lettre datée du 10 mars 2006, le
up to 495). Gouvernement a répondu que M. Louhichi a
past été interrogé, dans un commissariat de police,
cases au sujet de son implication dans une affaire de
transport de personnes soupçonnées de trafic
illicite, ainsi qu'au sujet de son frére, Houcine
Louhichi. Son interrogation s'est deroulée dans
des conditions normales. L'examen du dossier
medical par le Ministére public auprés du
Tribunal de premiere instance de Jendouba, a
révélé que M. Louhichi était atteint d'une
tumeur cérébrale qui serait probablement a
l'origine du décés. Le Ministére public a
néanmoins ordonné l'ouverture d'une
instruction judiciaire afin d'élucider les
circonstances du décés et engager
éventuellement les poursuites pertinentes a
l'encontre de toute personne dont l'implication
dans ce décés serait prouvée. L'affaire a été
enregistrée sous le n° 13174/2 et est encore
en cours.
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303.
Ligue tunisienne des droits de l'homme
(LTDH) (E/CN.4/2006/6/Add.1, par 497).
Par une lettre datée du 8 mai 2006, le
Gouvernement a repondu que sept presidents
de sections locales de Ia LTDH contestant les
mesures de fusions-dissolutions de sections
prises par le Comité directeur de Ia Ligue, en
violation des status de l'association, ont saisi
debut septembre 2005 Ia justice.
Le 5 septembre 2005 le tribunal de premiere
instance de Tunis a décidé Ia suspension du
Congres de Ia LTDH, initialement prévu du 9
au 11 septembre 2005, en raison de violation
par le Comité directeur des statuts et du
reglement intérieur de Ia ligue. C'est en
application de ce jugement que Ia direction
actuelle de Ia Ligue a été avisée de l'illegalite
de reunions de certains sections locales
prévues les 16, 19 septembre et 2 octobre
2005. S'agissant de Mohamed Ataya, il
convient de souligner qu'il a pretendu avoir été
repoussé par un agent de l'ordre devant le
siege de Ia section de Ia Ligue tunisienne des
droits de l'Homme (LTDH) de Mahdia.
M. Ataya a demandé au trésorier de Ia section,
Mohamed Sioud, de le transférer a l'hopital
universitaire de Ia region oO il a subi des
examens médicaux qui ont confirmé que son
état de sante était normal et qu'il ne présentait
aucun signe de violence présumé.
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304.
All Ramzi Beltibi (E/CN.4/2006/6/Add. 1, par.
498).
Par une Iettre datée du 30 janvier 2006, le
Gouvernement a repondu que M. Beltibi a été
arrété, conformément aux procedures legales
requises, le 17 mars 2005, pour avoir publie
sur Internet, au nom d'un groupe terroriste un
communiqué proférant des menaces d'attentat
contre les membres du gouvernement et les
ambassades étrangeres en Tunisie.
Traduit devant le Tribunal de premiere
instance de Tunis, il a été condamné a cinq
ans d'emprisonnement et a une amende de
mille dinars. L'accusé a fait appel contre edit
jugement. Sa condamnation a été confirmée
en appel, le 28 juin 2005 par Ia Cour d'appel
de Tunis. La Cour de cassation a accepté, le
15 décembre 2005, le pourvoi quant a Ia forme
tout en le rejetant sur le fond. S'agissant du
prétendu mauvais traitement que I'intéressé
aurait subi pendant son arrestation, aucune
preuve n'est venue étayer cette allegation. Le
rejet de sa demande d' examens médicaux
s'explique par le fait que le tribunal n'accepte
pas, en général, une telle requéte s'iI n'a pas
connaissance des raisons objectives étayant Ia
crédibilité d'une telle allegation.
305.
Mohamed Attia, Zakia Dhifaoui, Mokhtar Trifi,
Messaoud Romdhani, Taoufik Guedda, Makki
Ayadi, Mouldi Romdhani, NaceurAjili,
Abdellaziz Servi, Fathi Letalef, Mohamed Salah
Nehdi, Chadh ll Maghraoui, Abderrahmane
Marsani, Fethi Maghraoui, Chokri Dhouibi,
Abdellatif Bouhjila et Naceur Bejaoui
(E/CN.4/2006/6/Add.1, par. 499).
Par une lettre datée du 4 décembre 2006, le
Gouvernement a répondu que le 2 octobre
2005, certains membres de Ia Ligue ainsi que
d'autres personnes ont tenté de tenir une
reunion au siege du Mouvement Attajdid a
Kairouan. Avisés du caractére illegal de cette
reunion, ils ont exprimé leur refus avant
d'accepterde quitter les lieux, sans provoquer
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dincidents, a l'exception de Messaoud
Romdhani (Président de Ia section de Ia LTDH
a Kairouan) qui a prétendu avoir été agressé
par des agents de police. Messaoud Romdhani
s'est rendu au poste de police de Ia yule pour
déposer une plainte, oO ii lui a été demandé,
comme l'exige Ia procedure, de presenter un
certificat medical attestant le prejudice corporel
prétendu; chose qu'il na pas effectué jusqu'ä
ce jour.
S'agissant du cas de Zakia Dhifaoui, ii y a lieu
d'indiquer que bien qu'elle ait refuse au depart
de quitter le siege du ((Mouvement Attajdid ,
elle a fini par accepter de se conformer a Ia
demande des agents de l'ordre. D'ailleurs, elle
na déposé aucune plainte et na été ni
interpellée, ni auditionnée. Quanta Mokhtar
Trifi (Président de Ia LTDH), ii est a préciser
qu'il est libre de ses mouvements et qu'il na
jamais été empeché de rejoindre lies sections
de Ia ligue. Pour ce qui est de Abdellatif
Bouhjila, ii y a lieu d'indiquer qu'il a été
condamné a une peine de 11 ans
d'emprisonnement pour appartenance a une
bande de malfaiteurs ayant pour but de porter
atteinte aux personnes et aux biens, ainsi que
pour tenue de reunions clandestines.
Contrairement aux allegations qui vous sont
paryenues, M. Bouhjila bénéficie, depuis son
incarceration le 24 septembre 1998, dun suivi
medical approprié. II a subi une operation
chirurgicale réussie pour l'excision d'adénome
sclérosé et de kyste. Des traitements
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nécessaires lui ont été prodigues pour Ia
regulation de Ia tension artérielle et le soin de
ses dents. Des examens sur les reins, le
thorax et le c ur ont révélé que son état de
sante était normal. Par ailleurs, il a bénéficié
de son droit a Ia correspondance eta Ia visite
de ses proches conformément a Ia
reglementation en vigueur. II refuse parfois Ia
visite de certains proches pour simuler une
atteinte a son droit de visite. Quanta Naceur
Bejaoui, il a été incarcéré a Ia prison civile de
Tunis, en execution de jugements définitifs le
condamnant a 19 ans d'emprisonnement pour
constitution dune bande de malfaiteurs dans le
but de porter atteinte aux personnes et aux
biens et fournitures dun lieu de reunion a cette
bande. Ayant rempli les conditions juridiques, il
a été libéré le 25 février 2006, avant
l'accomplissement de sa peine et ce, par
bénéfice d'une remise de peine en 2002 et
2005 et d'une mesure de liberation
conditionnelle en 2006. Tout au long de son
incarceration, l'intéressé a bénéficié d'un suivi
medical regulier. II a subi en 2005 un examen
de gastroscopie qui a révélé qu'il était atteint
d'une ulceration d'estomac. Des soins
appropriés lui ont été prodigues et il a
bénéficié regulierement de Ia visite de ses
proches.
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306.
Mokhtar Trifi, Mohamed Jmour, Khémaies
Chammari, Mounir Fallah, Chawki Laarif et
Salah Belhouichet
(E/CN.4/2006/6/Add.1, par. 500).
Par une lettre datée du 05 octobre 2006, le
Gouvernement a repondu que le 8 novembre
2005, des personnes appartenant au Comité
national pour le soutien des grevistes de Ia
faim se sont rassemblées devant Ia maison
de Ia culture lbn Khaldoun a Tunis, afin d'y
tenir une reunion qu'elles n'ont pas déclarée
au prealable a l'administration de l'institution,
alors qu'il est d'usage de faire une reservation.
Malgré cela, certaines personnes ont persisté
a 5 ‘y introduire de force et a semer le désordre
sur Ia voie publique. Alertés par
l'administration de ladite institution, les agents
de Ia police ont dO alors intervenir pour
maintenir l'ordre et rétablir Ia liberté de
passage. Mokhtar Trifi, Mohamed Jmour,
Khemaies Chammari, Mounir Fallah, Chawki
Laarif et Salah Belhouichet, ont pu pénétrer a
l'intérieur de Ia maison de Ia culture lbn
Khaldoun . Les agents de Ia police sont alors
intervenus pacifiquement pour les persuader
de quitter les lieux.
307.
Turkey
22/06/06
JUA
FRDX;
HRD;
TERR;
TOR;
Resit Yaray, board member of the Batman
branch of the Human Rights Association (HRA);
Mr Mursel Kayar, member of the Batman branch
of the HRA; Mr All Oncu, member of the
Diyarbakir Branch of the HRA and chairperson of
TES-IS; Mr Edip Yasar and Mr Mecail Ozel,
members of the Diyarbakir Branch of the HRA; Mr
Necdet Atalay, former Spokesman of the
Diyarbakir Democracy Platform, Secretary
General of the Machine Engineers' Association,
and a HRA member; Mr Erdal Kuzu, lawyer and
By letter date 04/09/06, the Government
reported that Resit Yaray and Mursel Kayar
participated in riots which took place in the
Province of Batman from 30 to 31 March 2006.
Mr Yaray and Mr Kayar were responsible for
breaking and entering the Turkish Telecom
building, and that they were subsequently
apprehended with the rest of the group. On 2
April 2006, they were officially arrested upon
the decision of the Penal Court of First
Instance, in the Province of Batman, pursuant
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Secretary General of the Mardin branch of HRA;
to Article 100/3-a-9 of the Criminal Procedure
and Mr HUseyin Cangir, Chairperson of the
Code. Mr Yaray and Mr Kayar were to be tried
Mardin branch of the HRA. On 29 March 2006, Mr
at the 5th Penal Court of Diyarbakir on charges
Resit Yaray and Mr Mursel Kayar were arrested
of willfully assisting illegal organizations. Mr
and detained in the Directorate of Security in
Ozel had been involved in marking the doors of
Batman, as they were trying to observe riots that
private residences of law enforcement
were taking place in Batman. While in custody Mr
authorities in order to highlight them and their
Resit Yaray and Mr Mursel Kayar were beaten by
families as targets in Diyarbakir and for
police officers. On 2 April 2006 Mr Resit Yaray
responding violently to police intervention. Mr
and Mr Mursel Kayar were charged with assisting
Ozel was subsequently detained and his family
and supporting illegal organizations” and
was officially informed of his detention on the
transferred to Batman Prison, where they remain,
same day as his arrest and he was allowed
The first hearing of the trial of Mr Resit Yaray and
access to his lawyer. On 3 April 2006, Mr Ozel
Mr Mursel Kayar is scheduled to take place on 30
was referred to the 4th Penal Court by the
June 2006 before Diyarbakir Aggravated Penalty
Public Prosecutor, where he was to be tried on
Court. Furthermore, on 29 March 2006, Mr
charges of wilfully assisting illegal
Necdet Atalay was arrested and is currently
organizations. At the hearings of 17 May 2006
detained in Diyarbakir D Type Prison. He has
and 15 June 2006, it was decided by the Court
been charged with assisting and supporting
that Mr Ozel should remain in detention
illegal organisations” and the first hearing of his
pursuant to Article 100/3 of the Criminal
trial will take place on 13 July 2006. On 30 March
Procedure Code. An investigation had been
2006, Mr Mecail Ozel was arrested and detained
initiated by the Chief Public Prosecutor in
by police officers in Ofis, Diyarbakir. It is alleged
response to a complaint lodged by Mr Ozel
that he was held incommunicado until 3 April
alleging that he had been subjected to torture
2006. On 4 April 2006, Mr Mecail Ozel was
whilst in prison. Similarly, an investigation was
brought before the Diyarbakir Criminal Court,
initiated by the Office of the Chief Public
charged with assistance and support to illegal
Prosecutor into claims that Mr Cangir and Mr
organizations” and transferred to Diyarbakir
Kuzu had been arrested and detained. Mr
Prison,where he is currently being held. The first
OncU was detained on 4 April 2006 and
hearing of Mr Mecail Ozel's trial will take place on
officially arrested on 5 April 2006 for his
13 July 2006. On 2 April 2006, Mr Erdal Kuzu,
involvement in the incidents which took place
and Mr HUseyin Cangir, Chairperson of the HRA
during the funerals in Diyarbakir. On 13 July
Mardin branch, were arrested in the city of
2006, a decision was taken by the 6th Penal
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Kiziltepe, when they tried to prevent attacks by
security forces against civilians. They were
seriously beaten during their detention and were
released several hours later. On 4 April 2006 Mr
Ali Oncu and Mr Edip Yasar were arrested and
detained by the anti-terrorism branch of the
security forces. On 5 April 2006 they were
charged with assisting and supporting illegal
organizations” and were transferred to Diyarbakir
Prison where they remain in detention. Mr Edip
Yasar's trial is scheduled to begin on 13 July
2006.
Court of Diyarbakir to release Mr OncU and the
court hearing was suspended until 10 October
2006.
308.
Follow-
up to
past
cases
Mehmet Tarhan (E/CN.4/2006/6/Add.1, para.
505).
By letter dated 20/02/06, the Government
reported that the judgement against him in
relation to the charges of insubordination was
reversed on 25 October 2005 by the Military
Court of Appeals. Considering the claim of the
defendant that he was gay, the Military Court
of Appeals decided that a medical examination
is required in order to determine whether he
was eligible for military service. However, the
Military Criminal Court ruled that this would
amount to discrimination based on sexual
preference, contrary to European Court of
Human Rights jurisprudence. Consequently,
the Military Criminal Court ruled on the
continuation of his imprisonment. This decision
can be challenged at the Military Court of
Appeals.
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309.
A group of approximately 500 individuals
(E/CN.4/2006/6/Add.1, para. 506).
By letter dated 27/03/06, the Government
reported that the assembly and demonstrations
which took place on 6 March 2005 in Istanbul,
did not comply with conditions as prescribed by
the Law N° 2911. The law enforcement
authorities repeatedly warned the
demonstrators of the consequences of staging
an unlawful assembly. The demonstrators
abused their right to peacefully assemble as
they chanted slogans that supported terrorist
organisations and attacked law enforcement
officials with metal sticks and stones.
Seventy persons who resorted to violence
during the demonstrations were detained in
order to be brought before the court. It was
established that 23 of the detainees had
previously been convicted of offences including
membership in terrorist organisations and 13
others had been subjected to legal actions for
violating Law N° 2911. A disciplinary inquiry
was initiated by the Ministry of Interior to
determine whether the law enforcement
authorities acted within the limits of law during
their intervention. Four inspectors were
appointed by the Ministry of Interior to conduct
this inquiry. As a result, three officials were
reprimanded for failing to supervise and train
the personnel under their authority.
Furthermore, six officials received penalties
imposing loss of pay for disproportionate use
of force and degrading acts when dispersing
the demonstrators. In addition to the
disciplinary inquiries, a judicial investigation
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was commenced by the Chief Public
Prosecution Office of Istanbul against seven
law enforcement officials for failing to act within
the limits of law by using force against
demonstrators. By letter dated 10/08/06, the
Government reported that the trial of the seven
law enforcement officials is still underway at
the 4 th Penal Court of First Instance of Istanbul,
with registry No 2005/345.
310.
H.B. and A.A. (E/CN.4/2005/62/Add.1, para.
1772, and E/CN.4/2006/6/Add.1, para. 512).
By letter dated 10/08/06, the Government
reported that an investigation had been
initiated by the Office of the Chief Public
Prosecutor of lzmir upon their complaints. As a
result of this investigation, on 16 December
2006, the Office of the Chief Public Prosecutor
gave a decision of non-prosecution (No.
Hz.2003/6610 Kr. 2004/22895).
A disciplinary investigation was also
commenced by the Provincial Police
Disciplinary Board of lzmir against five
suspected law enforcement officials, as a
result of which the Board decided that there
were no grounds for disciplinary action.
311.
Turkmenistan
15/03/06
JUA
TOR;
FRDX
Twojournalists DzhumadurdyOvezov and
Meretmuhammet Khommadov, both working for
Rad/o L/berty, a US-funded radio network.
Dzhumadurdy Ovezov and Meretmuhammet
Khommadov have been held incommunicado
since they were arrested on 7 March 2006 by
police. The reason for their arrest and their
whereabouts are not known.
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312.
17/03/06
AL
TOR;
Kyarizov, currently imprisoned in LB-K112. He
was arrested by plain clothes armed men and
taken to the National Security Committee (NSC)
on 30 January 2002 after a meeting at the Cabinet
of Ministers of Turkmenistan in Ashgabat.
However, an official warrant for Mr Kyarizov's
arrest was issued only on 6 February 2002. In the
meanwhile, he was held incommunicado in the
NSC's investigatory prison. The first time he was
allowed to see his lawyer was on 13 February
2002. During the investigation and trial from 30
January 2002 to 4 April 2002 he was detained by
the Turkmenistan National Security Committee.
During that time, Mr Kyarizov was interrogated
many times continuously for 24 hours, while his
interrogators would take shifts. Interrogations
continued even when he had caught pneumonia
and suffered two heart attacks. Moreover, the
Chairman of the Turkmenistan National Security
Committee (NSC), exerted psychological pressure
on Mr Kyarizov. He threatened that he would use
force on Mr Kyarizov unless he admitted on
national TV that he embezzled state property On
one day between 30 January 2002 and 2
February 2002, another NSC officer took away Mr
Kyarizov's outer coat, bedding, and pillow,
following which he was forced to sleep on a bare
iron bed in an unheated prison cell until the end of
his trial on 4 April 2002. The officers said that, if
Mr Kyarizov continued to refuse to confess, the
NSC would take revenge on his family, including
his baby On another occasion, around 2 February
2002, NSC officers brought one man to Mr
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Kyarizov's prison cell and tortured him in front of
Mr Kyarizov by applying electric shocks to his
genitals through a needle. Mr Kyarizov asked that
the torture be stopped and agreed to make the
requested public confession on television. For the
next two days, Mr Kyarizov had to witness
bleeding of the tortured man's ears and throat. On
2 February 2002, Mr Kyarizov made the
requested confession on National TV On
approximately 13 February 2002, Mr Kyarizov's
brother was arrested as well, but no charges were
brought against him. He had electric shocks
applied to his head through a metallic helmet to
give evidence against Mr Kyarizov. One day
between 2 February 2002 and 4 April 2002, two
other officers summoned Mr Kyarizov's wife,
Yuliya, and her older sister to the Committee for
interrogation, where they showed the death ward
to the women and a NSC investigator threatened
them with execution, unless Yuliya and her sister
testified against Mr Kyarizov. Following the trial
Mr Kyarizov was taken to a prison hospital located
in Mary on 8 April 2002, where his family could
visit him at established times. On 11 February
2003, despite the fact that his health remained
very poor, Mr Kyarizov was transferred to LB-
K/12 Prison inTurkmenabad in Seidy region,
where he remains. His relatives are permitted to
see him, but their requests for visits are not
always granted. Throughout the more than three
years of imprisonment, Mr Kyarizov has been
kept in a tiny cell with 50 to 60 other inmates. It is
very hot and stuffy inside the prison in the
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summer (the prison itself is in the desert), and
very cold in the winter. Hygienic conditions are
extremely poor. The food provided in the prison is
poor, which made Mr Kyarizov lose up to 30 kg.
There is not enough drinking water and the water
the prisoners receive contains sand and high
levels of salt. During his imprisonment, Mr
Kyarizov has become partially paralyzed as the
result of an untreated stroke. As an effect of this
condition, there are times when he is unable to
move unassisted. There is only one nurse for the
entire prison, which has a population of 2500
inmates. Officially, for almost 4 years of his
incarceration, Mr Kyarizov was examined only
once (on 9 April 2002) by doctors of the Turkmen
Ministry of Health and Medical Industry Hospital
with Scientific Medical Centre of Physiology .
313. 24/07/06 JUA WGAD; Ms Ogulsapar Muradova, human rights activist
FRDX; associated with the Turkmenistan
HRD; Helsinki/Foundation (THF) and journalist for Radio
TOR; Free Europe/Radio Liberty, Mr Amankurban
Amanklychev and Mr Sapardurdy Khajiev,
human rights defenders, both members of the
THF. Mr Amanklychev was arrested on 16 June
2006 by police officers, when he was working on a
documentary with two French production
companies, dealing with the deterioration of the
health and education systems in Turkmenistan,
and the personality cult of the President of the
Republic. Mr Khajiev and Mrs Muradova were
arrested at their homes on 18 June 2006. Ms
Muradova was accused of subversive activities”.
They all remained detained incommunicado in a
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National Security Service pre-trial detention centre
for more than two months, during which time they
were subjected to ill-treatment. They themselves
and their lawyers were never notified about the
charges against them. They were also not allowed
to meet with their lawyers. On 19 June 2006, high-
level officials, such as the President of the
Republic and the National Security Minister,
publicly accused the three defendants of having
conspired with foreigners in order to destabilise
the State. Their trial took place in camera. Indeed,
their lawyers were denied access to Court, as
they were kicked out by soldiers just before the
hearing, while trying to meet their clients. As a
consequence, only the Prosecutor and the
defendants were allowed to attend the hearing,
which lasted only a few minutes. The Court
building and the streets leading to it were
cordoned off by armed soldiers, preventing the
defendants' relatives and supporters from
entering. On 25 August 2006, the Azatlyk District
Court of Ashgabat condemned Mrs. Muradova
and Mr Amanklychev to a six-year and a seven-
year prison term, respectively, while Mr Khajiev
was sentenced to a seven-year term in a high-
security prison. All three were sentenced for
illegally possessing ammunition” (article 287-2 of
the Criminal Code), on the basis that police
officers claimed to have found arms in Mr
Amanklychev's car. The three defendants decided
to appeal this verdict on 29 and 30 August 2006.
In the morning of 14 September 2006, members
of the security forces came to the house of Ms
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Muradova and took her three children, Sana,
Maral and Berdy Muradova, to the morgue where
they were asked to sign a document identifying
and reclaiming Ms Muradova's body. The
siblings requested an examination of the body by
an independent doctor, which was denied. They
went to the United States Embassy and returned
with an American representative who was
permitted to accompany them to view their
mother's body which bore signs of ill treatment,
with various wounds in the head and the neck. Ms
Muradova's children are under surveillance and
their phone line has been cut. They approached
the police who refused to acknowledge their
complaint. Concerns are expressed for the
security of Ms Muradova's children as there has
been no further contact with them since their
telephone line was cut off .
314. 19/09/06 JUA FRDX; Amankurban Amanklychev, Ogulsapar
HRD; Muradova, and Sapardurdy Khajiev, all of them
SUMX; associated with the Turkmenistan Helsinki
TOR; Foundation (THF), a non-governmental
organization based in Bulgaria that monitors and
reports on human rights conditions in
Turkmenistan. Ms Muradova is also a journalist
for Radio Liberty (subject of a communication
dated on 29 June 2006). Mr Amanklychkev was
arrested on 16 June 2006, Ms Muradova and Mr
Khajiev on 18 June 2006. They have been held
incommunicado since. They were charged on 12
July 2006, considerably later than the three-day
limit prescribed by the Turkmen Code of Criminal
Procedure requires. Previously Mr Amanklychev
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had assisted in the production of a documentary
critical about the human rights situation in
Turkmenistan for Ga/axle Presse, a French
television production company that also supplied
the camera. Following his arrest, various
authorities, such as the national security minister
and by the Turkmenistan News Service made
statements accusing Mr Amanklychev of having
been involved in subversion and espionage.
315.
Uganda
08/08/06
JAL
SUMX;
TOR;
Abdu Semugenyl, aged 55, businessman.
Security agents arrested Abdu Semugenyi in April
2006, along with another man, while they were
driving in the Village of Ntoroko, near Kasese in
western Uganda. His arrest was motivated by
suspected links with the Allied Democratic Forces,
a rebel group. The two men were then transferred
to the Karugutu barracks of the Uganda Peoples'
Defence Force in western Uganda and, from
there, taken to a so-called safe house”
maintained by the Joint Anti-Terrorist Task Force
in Kololo, a neighborhood of Kampala. There
Abdu Semugenyi was subjected to torture by state
security agencies. On 4 May 2006, he died of
electrocution. The authorities first denied holding
Semugenyi. Subsequently, however, they claimed
that he was killed while trying to escape. The
authorities have so far refused to hand over his
body to his family.
316.
Ukraine
24/02/06
AL
TOR;
11 Uzbek asylum seekers, OrifAbdurakhimov
aged 39, Erkin Gafurov, aged 35, Bakhrom
Raufov, aged 37, Khayet Khamzaev, aged 29,
llkhom Khasanov, aged 38, Shukhrat
Khuzhaev aged 38, lkromAkhmedov, aged 24,
By letter dated 01/06/06, the Government
reported that the citizens in question arrived in
the country in the period between May and
June 2005 from the territories of the Russian
Federation and Moldova, both recognized to
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Bakhtier llyasov, aged 43, Dilmurod
be safe third countries. On 1 and 6 February
lskandiyarov, aged 29 and Makhmud
2006, these persons applied for refugee status
Melikuziev, aged 37. During the night of 14 to 15
with the Department of Migration Service in the
February 2006, they were deported to Uzbekistan.
Autonomous Republic of Crimea. Having duly
On 7 February 2006, they had been detained by
considered their applications, on 13 February
the Crimean police following an extradition
2006, the department decided to deny their
request issued by the Office of the Prosecutor in
applications, as groundless and not meeting
Uzbekistan. The extradition request alleges that
the provisions of the law of Ukraine on
the 11 individuals were involved in the events in
refugees. In accordance with Ukrainian and
Andijan, which occurred in May 2005. Nine of the
international law, the citizens of Uzbekistan
individuals were registered with the Migration
were granted the right to appeal to the court
Services as asylum seekers. The other two had
against the decision, which they refused to do,
also expressed their intention to claim asylum
as per the personal statements on file. In view
through a partner of UNCHCR, but had not yet
of the fact that these persons, while staying in
received the official documents to complete their
Ukraine, were involved in unlawful activities,
applications. Concern is expressed that they are
violating the standing regulations and refused
at risk of torture or ill-treatment in Uzbekistan.
to voluntarily leave the territory of Ukraine,
these citizens, by decision of 14 February 2006
of the Kyiv Regional Court of Simferopol, were
removed from the territory of Ukraine.
Therefore, the actions of the authorities meet
Ukrainian law and do not violate international
legal obligations. It needs to be emphasized
that the matter was not about extradition of
Uzbek citizens, but the substantiated denial of
granting refugee status and expelling them
from Ukraine, on legal grounds, to another
State Party to the 1984 Convention against
Torture. Ukraine has been assured by the
Government of Uzbekistan of its full
observance of its obligations under this
Convention.
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317.
United Arab
Emirates
13/03/06
JUA
TOR;
WGAD,
IJL
Sultan Salem Sultan Bunawwas, Magid
Muhammad Khalifa al-Mazru l, Salih
Muhammad Hussein Ahmad, Salah Vusif
Hamza al-Asmakh, Shihab Muhammad
Abdullah al-Mihirbi, Ahmad Muhammad Thani
al-Mazru], Khalid Jamal Ali al-Manná'l, Abd al-
BasiFUbaid Mubarak, NawwafHassan Said
al-Khamairi, Ahmad Rashid Abdullah al-Naqbi,
Gum a Khadim al-Muhairi and Ahmad Hamid
Ali al-Marri. On 22 November 2005, police raided
a villa in Ghantout and arrested twenty-six men.
The police apparently acted in response to
allegations that the men were carrying out
homosexual acts and that some of the men were
wearing women's clothing or make-up. During the
raid, police punched, kicked and beat some of the
men. A few days after their arrest, a government
official alleged that the men would be subjected to
male hormone injections, although this claim was
later denied by another government
spokesperson. The police beat the men while
they were in custody with the aim of forcing them
to confess to homosexual conduct. Some
members of the group were subjected to invasive
forensic examinations in an effort to prove their
homosexuality. In a trial in February 2006, twelve
of the twenty-six men, including almost all of those
who had endured invasive examinations, were
sentenced to six years of imprisonment on
charges relating to homosexuality and obscenity
under a Sharia-based law, while a thirteenth was
sentenced to a lesser sentence. Their case is now
pending appeal, which should take place on 14
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March 2006. The other thirteen men arrested
were acquitted. The law of the United Arab
Emirates stipulates that a person can only be
found guilty of homosexuality if four witnesses
unanimously agree they saw the act or if the
accused confesses. It is reported that no
witnesses testified against the defendants and
that there was no other indication that they had
engaged in homosexual conduct. The alleged
confessions, which were presented as evidence,
were extracted under invasive forensic
examinations which could amount to torture or ill-
treatment.
318.
05/07/06
UA
TOR;
Asma Bikham Bijam, a domestic worker. She
was sentenced by a Shari'a court to one year's
imprisonment and 100 lashes for committing
adultery with a married man. On 19 June 2006,
the Appeal Court upheld Asma Bikham Bijam's
sentence.
319.
United
Kingdom of
Great Britain
and Northern
Ireland
26/06/06
JUA
TERR;
TOR;
Two Algerian men, known as “V” and “I”. “V”
and “I” were labelled as suspected international
terrorists” on the basis of secret intelligence to
which they had no access and which they were
therefore unable to challenge, and detained in
high-security prisons. They were deported from
the UK to Algeria on 16 and 17 June 2006
respectively, on the grounds that they presented a
threat to the national security”. The two men have
been held at an undisclosed location since their
arrival in Algeria, and have been allowed no
contact with their families, in violation of Algerian
law and in spite of earlier assurances by the
Algerian consulate in London that they were not
By letter dated 31 /07/06, the Government
reported that “V” and “I” were released by the
Algerian authorities on 22 June 2006. The
British Government is not aware of any
allegations of mistreatment of the two men
while they were in detention following their
return to Algeria. The UK will not deport or
extradite a person where there are substantial
grounds for believing that there is a real risk of
torture or other inhuman or degrading
treatment, or that the death penalty will apply.
All foreign nationals subject to deportation
action are informed of the reasons of their
intended deportation, and of their rights of
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wanted for any crimes in Algeria and that they
would be released after having spent a few hours
in police custody at the airport to satisfy
formalities. The men are held by a military
intelligence agency, the Department for
Information and Security (Departement du
renseignement et de Ia sécurité, DRS), which
specializes in interrogating people thought to
possess information about terrorist activities.
appeal. The British Government will continue
to consider the question of deportation to
Algeria of individuals who pose a threat to the
national security of the UK on a case-by-case
basis. Judging on the basis of assessments
made of the current situation in Algeria and the
developments that are taking place there, and
in the light of past and present exchanges with
Algerian authorities, deportations can take
place in appropriate cases in full conformity
with the domestic and international human
rights obligations of the UK.
320.
United States
of America
17/01/06
UA
TOR;
Kulvir Singh Barapind, aged 41, an Indian
national. He is currently detained at the Fresno
County Jail, Fresno, California, and is at risk of
immediate forcible return to India. He has been
the subject of extradition proceedings since
September 1997. Mr Barapind was a senior
member of the Sikh Students Federation (SSF), a
group advocating for a separate Sikh state of
Khalistan, and has previously been tortured by
Indian police officers. On 12 June 1988, he was
detained at the Rahimpur Bus Station by Nakodar
City police and taken to the police station. When
one of the inspectors learned of Mr Barapind's
involvement in the SSF, he ordered him to be
taken to a cell by three officers. There he was
stripped, his hands were bound behind his back,
he was suspended from the ceiling by a rope tied
to his hands, and was punched in the stomach.
He was then taken down, and was forced to sit
with his legs outstretched. While one officer held
him from behind, another held his legs, and a third
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rolled a heavy wooden pole (roller”) over his legs
10 to 15 times. The police officers then attempted
to stretch his legs 180 degrees apart about four to
five times. This session was repeated again on
the next morning before he was transferred to
Goraya Police Station. The same treatment was
meted out to him there over a period of five days.
He was questioned in order to extract information
on the identities of other 5SF members. On 17
June 1988, he was brought before a magistrate,
charged with terrorist-related offences, and
remanded in custody in the Central Jail, Jalandar.
He was released on bail on 30 November 1988,
and the charges were subsequently withdrawn.
Subject to regular harassment by the police, he
was again arrested on 21 July 1989, this time at
his home by the Punjab police and the Central
Reserve Police Force (CRPF), and taken to a
CRPF camp in Phagwara. Accused by the agents
of involvement in terrorist-related activity, he was
taken to a cell, stripped, bound by his hands
behind his back and suspended from the ceiling.
When he refused to answer questions about the
identities of senior SSF leaders, he was taken
down, and subjected to the roller. Afterwards, with
wires attached to his toe and little finger, an officer
cranked a generator, causing him to be
electrocuted. Shocks were also applied to his ear
lobes, penis and testicles. Mr Barapind was
subjected to the roller again that afternoon. In
addition, his arms and legs were bound behind his
back, and with one officer sitting on his buttocks,
another struck the soles of his feet with a wooden
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stick 30 to 40 times. His feet reportedly swelled to
the point, causing his toe nails to fall off. On the
evening of 21 July, he was transferred to the
Criminal Investigation Agency (CIA), Kapurthala.
The following morning, under the authority of
Deputy Superintendent of Police (DSP), Mr
Barapind was tortured in a similar manner as on
previous occasions, in addition to being flogged
on his buttocks with leather straps. He was
threatened with death if he did not respond to their
questions, and spent the night chained to the floor
of the cell. On 31 July, he was released. In
September 1989, security forces raided Mr
Barapind's house, beat him with wooden sticks
and attempted to arrest him before a crowd of
villagers intervened to prevent him from being
taken away. Following a raid on his house in April
1990 during his absence, Mr Barapind went into
hiding until March 1993, at which time he fled to
the United States.
Subsequently his family members, including his
father, brother and brother-in-law have been
severely tortured, and his friends have been
arbitrarily detained, in order to determine his
whereabouts. Six of his accomplices, who were
identified in First Information Reports filed by the
Indian Government in its extradition request for Mr
Barapind, were subject to extra-judicial
executions; and at least two other proponents of a
Sikh state and suspected terrorists, Mr Daya
Singh Sandhu and Ms Kama ljit Sandhu, were
tortured following their extradition from the United
States to India despite the provision of diplomatic
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assurances by the Indian Government.
Moreover, the police officers implicated in the
torture of Mr Barapind have escaped liability, and
some have even been promoted.
321. 10/07/06 AL TOR; At least 135 African American men in Chicago,
Illinois. During the period from 1972 to 1991, at
least 135 African-American detainees were
subjected to torture or ill-treatment while they
were detained at the Area 2 and Area 3 Police
Headquarters in Chicago, Illinois. The detainees
were subjected to techniques including electrically
shocking men's genitals, ears and lips with a
cattle prod and an electric shock box, suffocating
individuals with plastic bags, mock executions and
beatings with telephone books and rubber hoses.
These acts were carried out with the aim of
extracting confessions. The names of the alleged
perpetrators are known to the Special Rapporteur
In 1990, Michael Goldston, an investigator with
the Chicago Police Department's Office of
Professional Standards concluded that systematic
abuse occurred in Area 2 and Area 3 over a ten
year period. He concluded that the type of abuse
was not limited to beating, but also included
psychological techniques and planned torture.
Despite these findinqs and specific admissions, in
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some cases, by the City of Chicago that crimes
had been committed by its police officers, nobody
was prosecuted for the alleged crimes. In 2002, a
Special Prosecutor was appointed to further
investigate allegations of torture and ill-treatment
at the Area 2 and Area 3 Police Headquarters.
However, the Special Prosecutor indicated in May
2006 that no prosecutions would likely be brought
due to the application of the statute of limitations
to the alleged crimes. Furthermore, the only
officer to be subjected to internal disciplinary
procedures in relation to the acts described above
was the Commander, who was fired in 1993 due
to evidence of the abuse of one detainee, Andrew
Wilson. Andrew Wilson was suffocated with a
plastic bag, shocked on his genitals, ears and lips
with an electric shock box, burned with cigarettes,
beaten and handcuffed across a hot radiator while
being interrogated. In that case, Dr. John Raba,
the Medical Director of Cermak Health Services at
Cook County Jail examined Wilson after his
interrogation and, taking note of the injuries, he
requested the Chicago Police Superintendent to
carry out an investigation. However, no action was
taken. There are further concerns that a number
of those individuals may have been convicted
partly or solely on the basis of confessions
obtained by torture or ill-treatment. In particular,
at least 24 individuals are currently serving prison
terms on the basis of confessions which may have
been obtained by torture or ill-treatment. The
names of these individuals are Ronald Kitchen,
James Andrews, Edward James, Eric Smith,
AIHRC/4/33/Add. 1
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Derrick King, Reginald Mahaffey, Jerry
Mahaffey, Franklin Burchette, Tyshaun Ross,
Michael Til lman, Tony Anderson, Stanley
Wrice, Leonard Kidd, James Lewis, Howard
Collins, Leonard Hinton, Lavert Jones, Steven
Cavernaro, Eric Johnson, Eric Caine, Andrew
Maxwell, Greyland Johnson, Cortez Brown and
Keith Walker
322.
24/08/06
UA
TOR;
Bekhzod Yusupov, an Uzbek national, detained
at Pike County Prison, Milford, Pennsylvania. He
has been detained for two years and is currently
at risk of imminent forcible return to Uzbekistan
following an unsuccessful bid to seek asylum in
the United States. He entered the US in 1999 and
learned in January 2000 that he was sought by
the Uzbek authorities on suspicion of involvement
in activities in support of illegal religious extremist
movements”. An FBI investigation found on his
shared computer downloaded video files of
speeches by known terrorists, such as Osama Bin
Laden, Ayman Al-Zawahiri, and Shamil Basayev,
which depicted bombings and other acts of
violence. In June 2003 he was convicted of falsely
representing himself as a US national. US
Immigration and Customs Enforcement is seeking
diplomatic assurances from the Government of
Uzbekistan that Mr Yusupov will not be tortured
upon his return,
By letter of 23/01/07, the Government reported
that it has not sought and does not intend to
seek assurances from the Government of
Uzbekistan that Mr Yusupov would not be
tortured upon his return, as was conveyed to
Mr. Yusupov and the Federal District Court
hearing his petition for a writ of habeas corpus
on 6 October 2006. Whereas the United States
does not agree with the non-binding opinion of
the Human Rights Committee that Article 7 of
the International Covenant on Civil and
Political Rights creates a non-refoulement
obligation on States Parties, or share the
Special Rapporteur's view that diplomatic
assurances are never reliable or effective in
protecting against torture, it does not believe
that diplomatic assurances are appropriate in
every case or that they could serve as a
substitute for a case by case analysis of
whether US obligations under Article 3 of the
Convention Against Torture and Other Cruel,
Inhuman orDegrading Treatment or
Punishment would be met. The US employs
properly tailored diplomatic assurances related
to torture that it deems credible from foreiqn
A/HRC/4/33/Add. 1
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Governments in appropriate cases, but shares
the concern that such assurances are not
appropriate in this case with respect to the
return of Mr Yusupov to Uzbekistan.
323.
15/12/06
UA
TOR;
Majid al-Massari, aged 36, a Saudi Arabian
nationa, currently detained at the Federal
Detention Centre near Seattle-Tacoma
International Airport. His request to have his
deportation stayed has been refused, and he is at
imminent risk of forcible return to Saudi Arabia. In
2003, he was convicted for a drug-related offence,
and on 17 July 2004, he was arrested and
detained by Immigration and Naturalisation
Service officials on the grounds that the conviction
violated his immigration status. He has also been
the subject of investigation for terrorism-related
activities. Vocal in his opposition to the Saudi
Government, he is the son of Dr. Muhammad al-
Massari, a Saudi dissident based in the United
Kingdom. The Saudi Arabian Government
considers Dr. al-Massari a seditionist due to his
opposition to the Government. Dr. al-Massari and
several of his family members, including Majid al-
Massari's brother, have reportedly been tortured
by the Saudi Government in the past.
324.
Follow —
up to
past
cases
Mohammed C. ( E/CN.4/2006/6/Add.1, para.
521).
By letter dated 04/04/06, the Government
reported that operational and security concerns
compel the United States to refrain from
confirming or commenting on the
circumstances of capture, transfer or detention
of any specific individual believed to be held as
an enemy combatant in the course of the war
with the al Qaeda network and the remnants of
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the Taliban who continue to support them.
However, President Bush has affirmed on a
number of occasions that al Qaeda and
Taliban detainees are treated humanely, and,
to the extent consistent with military necessity,
in a manner consistent with the principles of
the Third Geneva Convention of 1949. As a
result, representatives of the International
Committee of the Red Cross (ICRC) routinely
visit detainees individually and privately. United
States Government personnel are not
permitted to torture detainees or participate in
torture by others. Torture is a violation of the
laws of the United States. Allegations of torture
will be thoroughly investigated. Where
appropriate, in cases where the United States
Government transfers detainees to other
countries for detention or questioning on
behalf of the United States, assurances that
the detainees will not be tortured or subjected
to persecution are being sought. The United
States recognizes the special needs of
younger detainees and the difficult
circumstances surrounding their situation and
treats young enemy combatants in a manner
appropriate to their status and age.
325.
Abra
ham Al-Mashadani ( E/CN.4/2006/6/Add.1,
By letter dated 07/08/06, the Government
para.
522).
reported that since Mr Al-Mashadani was
detained by the MNF-1 for imperative reasons
of security flowing from the conduct of an
armed conflict, pursuant to Chapter VII
Security Council resolutions, the Special
Rapporteurs do not have a mandate to
A/HRC/4/33/Add. 1
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consider the issue. The United States
disagrees that security internees who are
detained in the context of armed conflict are
entitled to take proceedings before a court, in
order that the court may decide on the
lawfulness of their detentions, pursuant to
Article 9 of the International Covenant on Civil
and Political Rights (ICCPR). In contrast,
consistent with the Geneva Conventions, a
detaining power can use an administrative
board to review and decide challenges to their
detention by protected persons. Additionally,
by its terms, the ICCPR has no application
outside the territory of a State and thus does
not apply to security internments conducted by
MNF-1. The Government of the United States
notes that the MNF-1 released Mr Al-
Mashadani in January 2006 .
326. Sami al-Lathi (E/CN.4/2006/6/Add.1, para. 523). By letter dated 04/05/06, the Government
reported that the United States does not agree
that Article 7 of the International Covenant on
Civil and Political Rights creates a non-
refoulement treaty obligation, much less a non-
refoulement obligation that would apply with
respect to cruel, inhuman or degrading
treatment or punishment. Nevertheless, it is
long-standing United States policy not to
transfer a person to a country if it determines
that it is more likely than not that the person
will be tortured. Mr al-Lathi was recently
transferred for release to the Government of
Egypt. Mr al-Lathi was briefly hospitalized
followinq his return to Eqypt. After his
AIHRC/4/33/Add. 1
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discharge from the hospital he was released
and returned to his family. His health problems
resulted from an injury sustained before United
States involvement with him. According to Mr
al-Lathi's statements to the United States, his
injury was sustained in an automobile accident,
and the damage has progressed over time.
There are no indications that his condition was
adversely affected by his detention. His injury
could have been corrected through available
surgical intervention. United States authorities
repeatedly tried to persuade Mr al-Lathi to
consent to this treatment. This is one of those
unfortunate situations where the United States
wanted to provide assistance, but the detainee
would not permit them to do so. While Mr al-
Lathi continues to make unfounded allegations
of mistreatment during the period that he was
detained by the United States, the US
Government is not aware of any allegations of
mistreatment by Egyptian authorities following
his return. Additionally, Mr al-Lathi told
Reuters in an interview published on 21
October 2005 that he had been well treated
since his return to Egypt.
327.
Uzbekistan
24/01/06
JUA
SUMX;
Ismatillo Abasov, who appears to be at risk of
TOR;
imminent execution. Mr Ismatillo Abasov was
sentenced to death by the Tashkent City Court on
31 January 2005 for “premeditated, aggravated
murder”. Mr Abasov has exhausted all judicial
remedies. His conviction and sentence are based
on confessions extorted under torture or other
forms of ill-treatment. Mr Abasov has submitted a
A/HRC/4/33/Add. 1
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communication to the Human Rights Committee
under the Optional Protocol to the International
Covenant on Civil and Political rights (ICCPR).
The Committee has requested the Government
not to execute Mr Abasov while his case is under
consideration by the Committee.
328.
23/02/06
UA
TOR;
11 Uzbek nationals, OrifAbdurakhimov aged 39,
Erkin Gafurov, aged 35, Bakhrom Raufov, aged
37, Khayet Khamzaev, aged 29, llkhom
Khasanov, aged 38, Shukhrat Khuzhaev aged
38, lkrom Akhmedov, aged 24, Bakhtier
llyasov, aged 43, Dilmurod lskandiyarov, aged
29 and Makhmud Melikuziev, aged 37. During
the night of 14 to 15 February 2006, they were
deported from Ukraine to Uzbekistan. On 7
February 2006, they had been detained by the
Crimean police following an extradition request
issued by the Office of the Prosecutor in
Uzbekistan. The extradition request reportedly
alleges that the 11 individuals were involved in the
events in Andijan, which occurred in May 2005.
According to the information received, nine of the
individuals were registered with the migration
services in Ukraine as asylum-seekers. The other
two had also expressed their intention to claim
asylum through a partner of UNHCR, but had not
yet received the official documents to complete
their applications.
By letter dated 28/02/06, the Government
reported that, pursuant to the norms of
international law, sovereign States, such as
Ukraine, independently define the procedures
for taking decisions on the extradition,
deportation and return of individuals. The 1951
Convention relating to the Status of Refugees
provides that the competence to decide
whether to accept an application from a
petitioner under provisions of the Convention
lies with the State party to the Convention on
whose territory the individual is applying for
refugee status. The provisions of the
Convention specifically do not apply to persons
with respect to whom there are serious
reasons for considering that they have
committed a grave crime outside the country of
refuge prior to their admission to that country
as refugees. Article 33, paragraph 2, of the
1951 Convention relating to the Status of
Refugees states that the prohibition of
refoulement may not be claimed by a refugee
whom there are reasonable grounds for
regarding as a danger to the security of the
country in which he is, or who, having been
convicted by a final judgement of a particularly
serious crime, constitutes a danger to the
AIHRC/4/33/Add. 1
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HRD;
TOR;
Mr Utkir Pardaev and Mr Shardov Pardaev,
members of the Dzhizak regional branch of the
Independent Human Rights Society of Uzbekistan
(IRSU). On 24 March 2006, they were arrested
and detained after they had been invited by
National Security Service (SNB) personnel to
accompany them as witnesses following the arrest
of a local resident. During detention they were
questioned and beaten and, when Utkir Pardaev
requested to be represented by a lawyer, he was
verbally abused by one of the SNB officials. Utkir
Pardaev and Shardov Pardaev were released
after several hours following a protest by local
people who gathered outside the SNB office
where they were being held. As a result of the
beating, Shardov Pardaev sustained injuries and
had to spend five days in hospital following his
release.
community of that country”. The rights of
Uzbek citizens who have been returned to their
homeland are fully guaranteed in accordance
with the norms of Uzbek domestic law and
fundamental international human rights
instruments, including the Universal
Declaration of Human Rights, the International
Covenant of Civil and Political Rights and the
Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or
Punishment, to which Uzbekistan is party.
330.
30/06/06
JAL
HRD; IJL;
Mr Azam Formanov and Mr Alisher Karamatov,
TOR;
chairs of the Syr-Darya and Mirzaabad regional
branches of the Human Rights Society of
Uzbekistan (subjects of a joint urgent appeal
329.
22/05/06
JAL
A/HRC/4/33/Add. 1
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dated 10 May 2006). Both men were arrested in
Gulistan in the Syrdaryn region on 29 April 2006
and held in the office of the Gulistan City Police
Department. They were transferred to
Investigation Isolator UY 64/SI-i 3 of the City of
Havast, near Yangier. During their detention a
senior investigator of the Office of the Public
Prosecutor of Dzhizak region and an inspector of
the Syr-Darya Department of Internal Affairs beat
them on their legs and heels with truncheons, put
gas masks with closed air valves on their heads
and threw them in the air to let them fall on their
backs on the concrete floor. In a trial marred by
shortcomings, such as severely restricted access
to case files and extremely limited time to prepare
the defence for the defendants and their lawyers,
they were convicted to nine years imprisonment .
Rustam Muminov. On the evening of 24 October
2006, he was deported from the Russian
Federation to Uzbekistan, following an extradition
request from the General Procuracy of
Uzbekistan, which was issued in February 2006.
Rustam Muminov has been accused of
membership of Hizb-ut-Tahrir.
By letter dated 05/i 2/06, the Government
reported that Rustam Muminov emigrated to
Tajikistan in the mid-i 990s, where he received
a religious extremist education. After his return
to Uzbekistan, he maintained close relations
with members of the religious-extremist
organization Kh/zb-ut Takhr/r and studied
extremist literature, which contained calls to
build a world-wide khal/fat. In 1999 Rustam
Muminov, who was a mushr/f of the religious-
extremist organization Kh/sb-ut- Takhr/r,
organised a unit of this organization in
Dzahrkurgansk District of Surkhandarinsk
Region, to which he attracted local inhabitants,
such as the Mamatraimov brothers, K.
Abishev, I. Mukimov and 0. Normurodov (who
331.
30/i 0/06
UA
TOR;
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were later condemned for being H/sb-ut-
Takhr/r members). R. Muminov and his
associates conducted propaganda work,
recruited new members and called for civil
disobedience. Moreover, Mr Muminov took
part in the distribution of anti-constitutional
leaflets calling for the overthrow of the State of
Uzbekistan. R. Muminov, in 2003, after the
detention and convictions of his associates, left
the Republic and went into hiding in the
Russian Federation. In 2005 Uzbek law
enforcement organs opened a criminal case
against Mr Muminov with reference to art. 159,
para b (3) (attack on the constitutional order),
216 (1) (illegal organization of public
associations or religious organisations), 244-1,
(2) (preparation or distribution of materials
constituting threats to the public safety and
societal order) and 244 (2) (creating, leading,
participating in religious-extremist, separatist,
fundamentalist or other prohibited
organisations) of Uzbekistan's Criminal Code.
In the course of the investigation, the above
information was confirmed.
332.
15 /11/06
JUA
IJL; TOR;
Koml ljon Usmanov. Mr Komiljon Usmanov
disappeared at the beginning of May 2006. With
the assistance of human rights organizations, his
relatives found out that he was detained
incommunicado by the Tashkent city department
of Internal Affairs (GUVD) for thirty days. During
this time, he was under investigation without
access to a legal counsel. On 6 November 2006,
Mr Kamiljon Usmanov was sentenced to ten
A/HRC/4/33/Add. 1
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years in prison on charges including attempting to
overthrow the constitutional system after a trial
which was conducted with numerous violations of
the Criminal Procedural Code of the Republic of
Uzbekistan and international human rights
instruments. In particular, the public prosecutor
did not attend the first phases of the trial. The
chairman judge in charge of the case performed
the dual function of public prosecutor. During the
trial the accusations were not corroberated with
any fact or evidence as required by the Criminal
Code of the Republic of Uzbekistan, and the court
did not allow defence witnesses to appear, nor did
it allow human rights defenders, journalists and
many of the accused relatives to observe the
proceedings. At the first court session, Mr
Komiljon Usmanov rejected the accusations,
stating that his confessions had been obtained as
a result of torture and ill-treatment. Four
witnesses stated that they had witnessed Mr
Usmanov being subjected to torture in the GUVD
facilities, including being hung from the ceiling
from his feet and with his ears attached to electric
wires. However, the judge refused to order any
investigation into these allegations of torture.
Kamiljon Usmanov and his lawyer, Rukhiddin
Komilov, intend to appeal the case.
333.
Follow-
up to
past
cases
Nozim Rakhmonov, Azomodin Kosimjonov,
Abdurakhman lbragimov, Tohirjon
Abdusamatov, Shoimat Shorakhmedov,
Alisher Mirzakholov, Abdurauf Kholmuratov,
Alijon Mirganiev, Rukhiddin
Fakhrutdinov and Sharafutdin Latipov
By letter dated 30/01/2007, the Government
reported that Nozim Rakhmonov and
Sharafutdin Latipov, both active members of
the Islamic Movement of Uzbekistan, helped to
create and lead the illegal organization
wahhab/ starting from 1998, for which they
AIHRC/4/33/Add. 1
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(E/CN.4/2006/6/Add.1,
para.
540)
were paid 150 USD per month. On 20
February 2006 a criminal case was opened
against them and they both fully confessed that
they were guilty, which has been corroborated
by testimonies of associates with whom they
committed the crimes, by material evidence
that was confiscated and other materials found
in the course of the preliminary investigation.
On 8 May 2006 they were both found guilty by
the criminal chamber of Tashkent City court of
crimes under art. 244(1) of the Criminal Code,
i.e. for preparing or distributing materials
constituting a threat to public safety and
societal order, and sentenced to 5 years of
imprisonment. None of them filed any
complaints during the pre-trial investigation.
They are currently serving their sentences in
KIN-61 and KIN-29. Abdurakhman lbragimov,
Alisher Mirzakholov, Abdurauf Khalmuratov
and Alijon Mirganiev, all active members of the
Islamic Movement of Uzbekistan, also helped
to create and lead the illegal organization
wahhab/ starting from 1998, for which they
were paid 150 USD per month. From the
moment of their respective arrests, all of them
had full access to their lawyers and all
investigative actions were conducted in the
presence of their defence lawyers. They were
also allowed to receive repeated visits from
their family members. On 7 March 2006 all of
them were accused of crimes under article 244
(2) of the Criminal Code, i.e. of selling up,
leading or participating in a religious-extremist,
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separatist, fundamentalist or other illegal
organization. Abdurakhman lbragimov, Alisher
Mirzakholov and Alijon Mirganiev fully
confessed to all incriminating acts. Abdurauf
Khalmuratov partly confessed his guilt. On 17
May 2006 they were all found guilty by the
court and sentenced to 6 years imprisonment.
Tohirjon Abdusamatov, an active member of
the Islamic Movement of Uzbekistan, also
helped to create and lead the illegal
organization wahhabi starting from 1998, for
which he was paid 150 USD per months. On 4
April 2006 a criminal case was opened against
him under articles 244 (2) and 248 (3) of the
Criminal Code. On 14 June he was sentenced
to 10 years of imprisonment, which he is
serving in KIN-49. Shoirmat Sharakhmetov
also helped to create and lead the illegal
organization wahhab/starting in 1998. He was
arrested by police on 22 December 2005 in
Tashkent Region. In the course of the
investigation it was found that he is suffering
from schizophrenia and needs forced medical
treatment, which was confirmed by a decision
of the criminal chamber of Tashkent City court
on 20 April 2006. He therefore was sent to
Tashkent Psychiatric Hospital No. 1, where he
still is. Azomodin Kasimjanov, member of
Akromiya”, actively participated in the so-
called demonstrations organized close to the
court building in Andijan and in the armed
group that attacked the military unit and the
akh/myat. On 29 November 2005 a criminal
AIHRC/4/33/Add. 1
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case was opened under a series of andes of
the Criminal Code, including terrorism,
premeditated murder, illegal possession of
weapons etc. Two days later he was arrested
and on 21 July 2006 the criminal chamber of
Tashkent City Court sentenced him to 13 years
imprisonment.
Rukhiddin Fakhrutdinov was found guilty of
crimes under a series of articles of the Criminal
Code including terrorism, falsification of
documents, illegal entering or leaving of the
territory of Uzbekistan etc and sentenced to 17
years of imprisonment by the criminal chamber
of Tashkent City Court on 15 September 2006.
He partly confessed to having committed the
crimes he was accused of. In addition, several
witnesses, such as A. Kholierov, B.
Abdukhalikov, 0. Akhmedov confirmed that R.
Fakhrutdinov had given them monthly lessons
with the underlying aim of involving them in
conducting jihad in order to overthrow the
constitutional system of the Repbulic of
Uzbekistan. The findings of the investigation
were corroborated by confiscations of material
evidence, searches and the results of a
scientific expert conclusion of the confiscated
literature.
334.
Viet Nam
20/02/06
UA
TOR;
Pham Hong Son (subject of a previously
By letter dated 20/03/06, the Government
transmitted communication,
reported that on 18 June 2003, Pham Hong
E/CN.4/2005/62/Add.1, para. 1970, and the
Son was brought to trial and sentenced by the
Government's response, ibid, para. 1971). The
Court of First Instance to 13 years'
health of Mr Pham Hong Son has been gradually
imprisonment for espionage (article 80 of the
deterioratinq, he is seriously ill, and he still
Penal Code). On 26 Auqust 2003, the Ha Noi
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requires an operation for a hernia. He is coughing
Appeal Court tried him again, and due to his
up blood. Requests for a medical examination to
attitude of repentence, reduced his sentence to
determine the nature of his illness have been
five years' imprisonment. He is serving his
denied.
sentence, enjoys the right to medical care, and
his health is normal.
335.
Yemen
20/12/05
JUA
SUMX;
TOR;
Ms Fatima Hussein al-Badi who could face
imminent execution if the President of Yemen
rejects a final appeal asking for her death
sentence to be commuted on the basis that her
trial was unfair. Fatima Hussein al-Badi and her
brother Abdullah Hussein al-Badi were arrested
on 13 July 2000 for the murder of her husband,
Hamoud Ali al-Jalal. They were sentenced to
death on 17 February 2001 following a trial that
fell short of international fair trial standards.
Fatima Hussein al-Badi has maintained her
innocence in the murder of her husband since her
arrest: she was tortured by police in detention, but
refused to “confess”. Her brother denied that he
and his sister were involved in the murder, but
later “confessed” to police after he was assured
that his “confession” would lead to Fatima's
release. During the trial, they had no legal
representation, and were forced to be quiet
whenever they tried to speak in court. Both Fatima
and her brother took their case to the Court of
Appeal, which upheld the sentence against them
on 12 August 2002. They then appealed to the
Supreme Court, which upheld the decision.
President ‘Ali ‘Abdullah Saleh then ratified the two
death sentences. On 2 May 2005, Abdullah
Hussein al-Badi was executed for his alleged role
in the murder. In October, Fatima Hussein al-Badi
By letter dated 17/06/06, the Government
reported that Fatima Hussein al-Badi and her
brother Abdullah Hussein al-Badi, murdered
her husband Hamud Ali Jalal. Evidence of
guilt was provided at trial and by the defendant
herself, who confessed to the murder.
The trial was conducted in accordance with the
law.The initial verdict was delivered on 17
December 2001 and the defendant lodged an
appeal. After reviewing the procedures
followed by the court of first instance and
finding nothing amiss, the appeal court issued
a ruling, on 12 August 2002, upholding the
initial verdict. The case was referred to the
Supreme Court, which in turn approved the
appeal court ruling sentencing Ms Hussein al-
Badi to death on 5 August 2004. Fatima
Hussein al-Badi was not subjected to any form
of mental or physical torture. A lawyer was
appointed to present her defence from the very
first stage of the proceedings until the
Supreme Court delivered its ruling. The
Yemeni judiciary takes every care to comply
with, and abide by, the norms of international
law. Yemeni law guarantees defendants the
full right to a defence during every stage of
judicial proceedings.
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lodged a special personal appeal with the
President, asking him to commute her sentence
on the basis that her trial was unfair. The
President is believed to be considering the
appeal. If he rejects it, Fatima Hussein al-Badi
could be executed within a few weeks.
336.
08/03/06
JUA
SUMEX;
TOR;
A. M. S. A. who has been sentenced to death for
a murder committed when he was 16 years old. A.
M. S. A. was arrested on 27 July 2001. He was
tortured at a police station and confessed to the
murder of his relative during an argument. During
his trial at a lower court in the City of al Rwana,
the defendant immediately protested that he was
under 18. On the orders of a judge he was
examined by a doctor, who confirmed that he had
not yet passed his 17th birthday. Nevertheless,
the court decided to sentence him to death on 19
October 2002. The sentence has been upheld by
the Taiz Court of Appeal on 23 May 2005 and the
Supreme Court on 27 February 2006. Mr Adil Saif
al-Ma'amari's sentence is with President Ali
‘Abdullah Saleh who has the power to ratify or
commute the death penalty. He is said to be at
imminent risk of execution.
337.
01/11/06
JUA
WGAD;
HRD; IJL;
TOR;
All al-Dailami, Executive Director of the Yemeni
Organization for the Defence of Human Rights
and Democratic Freedoms. On 9 October 2006 Mr
al-Dailami was arrested at the airport of Sana'a
while he was heading to Copenhagen (Denmark),
in order to participate in a conference organized
by the Danish Institute for Human Rights about its
programme of cooperation with some Yemeni
NGOs. As of today, Mr al-Dailami remains
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detained by the political security forces (al-Amn
al-Seyasi) at an undisclosed location without
contact with his family or a lawyer.
338.
Follow-
up to
past
cases
I. S. (E/CN.4/2006/6/Add.1, para. 547).
By letter dated 21 /06/06, the Government
reported that he was released on 7/03/06.
339.
Yahya Al-Daylami (E/CN.4/2006/6/Add.1, para.
548).
By letter dated 28/12/05, the Government
reported that Mr. Al-Daylami was arrested on
13 October 2004, pursuant to arrest warrant
No. 2004/45, which was issued by the
Department of Public Prosecutions in
accordance with article 189 of the Yemeni
Code of Criminal Proceedings No. 13 of 1994.
According to the Government, the accused
was allowed to meet with his family and
relatives, and his lawyer was granted
permission to see the case file, the evidence
and the other substantiating documentation
pursuant to an order issued by the judge of the
competent criminal court. Furthermore, the
Government states that the accused was
protected during all stages of proceedings and
points out that article 48 (a) of the Yemeni
Constitution prohibits physical, psychological
and mental torture as well as inhuman
treatment. According to the Government, the
accused was not sentenced to death for
exercising his freedom of opinion, expression
or belief, but rather for maintaining unlawful
contact with a foreign State, maintaining
intelligence contact with its agents in order to
damage the Republic's political and diplomatic
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standing, and for taking part in a criminal
conspiracy against the constitutional
authorities. These activities are punishable
under articles 21, 128, paragraph 1, 129, 131,
paragraph 2, 135, and 136, of the Criminal and
Penal Code. The court convicted the accused
at a public session held on 21 Rabi' II A.H.
1426, corresponding to 29 May A.D. 2005. A
sentence of death was pronounced upon the
convicted person, Yahya Hussein al-Daylami,
and he was afforded the right to appeal within
15 days from the date of the verdict. After the
verdict by the court of first instance, the case
was referred to the competent criminal appeals
division of the Central Appeal Court, which
held several sessions, the last of which took
place on 3 December 2005. The Appeal Court
ruling confirmed the criminal court's initial
verdict and ordered the judgement to be
referred to the Yemeni Supreme Court.
340.
Zimbabwe
15/09/06
JUA
FRDX;
HRD;
TOR;
Wellington Chibhebhe, Secretary General of the
Zimbabwe Congress of Trade Unions (ZCTU),
Lovemore Matombo, President of the ZCTU, Ms
Lucia Matibenga, 1st Vice-President of the
ZCTU, Ian Makone, Organising Secretary,
Movement for Democratic Change, Mr Ngondo,
Mr Nkiwane, Mr Gumbo, Mr Chigwada, Mr
Nyahunzvi, and Mr Shonhe. On 13 September
2006, they were arrested and detained by the
Zimbabwe Republic Police. They were then
transported to Matapi Police Station, where they
were severely assaulted and tortured by police
officers. The la M /er acting on their behalf was
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unable to obtain medical assistance for them,
despite repeated requests. Two of the detainees
were unconscious last night, and this morning,
they were incoherent and unable to walk. An
urgent High Court application was filed to obtain
access to medical treatment for the victims. Five
other trade unionists have also been detained. A
large number of others are being detained at
Harare Central Police Station.
341.
07/1 2/06
JUA
WGAD;
FRDX;
HRD; IJL;
TOR;
VAW;
Members of “Women of Zimbabwe Arise”
(WOZA) and Men of Zimbabwe Arise” (MOZA).
WOZA, and its subdivision MOZA, is a grassroots
organization working to promote and protect
women's activism. On 29 November 2006, more
than 60 WOZA members and four MOZA
members were arrested while demonstrating
peacefully and marching through central
Bulawayo to the Government offices at
Mhlanhlandlela. The march, composed of 200
participants, was to mark the launch of the
People's Charter and the “16 Days of Activism
Against Gender Violence”, an international
campaign running until International Human
Rights Day on 10 December, as well as to protest
against the Public Order Security Act (POSA).
A large group of riot police officers assaulted the
group with baton sticks, forcefully dispersing most
of it. Many people — including a baby — were
beaten, and received medical care at Mpilo
Hospital. 41 persons were taken to Drill Hall by
police officers who subsequently beat them,
before releasing them without charge on the same
day. The other marchers, including WOZA leaders
By letter dated 14/12/06, the Government
reported that on 29 November 2006, the police
arrested 40 members of WOZA. Among the
arrested was their leader Jennifer Williams.
The members of WOZA were taken to
Bulawayo Central Police Station. They were all
charged for contravening section 37 (1) (b) of
the Criminal Codification Act, chapter 9:23
Participating in gathering with intent to
promote public violence, breach of peace or
bigotry”. It is therefore not true that they were
released without any charges on the same
day. They were taken to court on the first of
December 2006 where the Public Prosecutor
declined to place them on remand, advising
the police to proceed by way of summons.
None of the arrested women was ever
assaulted by the police and there is no record
of any child having been among those
arrested. If anyone was injured, it could be
among those who ran away from the police
and were never arrested.The police in this
case are not answerable for something that
happened without their knowledqe. We do not
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Ms Jenni Williams and Ms Magodonga Mah langu,
have any report of a complaint against the
were taken to Bulawayo Central Police Station,
Police from any member of WOZA who had
and 36 members, including six mothers with
engaged in the illegal demonstration.
babies, spent the night there. On 30 November
The group's lawyer, Perpetua Dube was
2006, the six mothers with babies were released.
allowed to see her clients and at no stage was
As of 1 December 2006, 34 WOZA/MOZA
she ever threatened. There is also no record to
members remained in police custody, beyond the
indicate that she ever made a complaint about
48 hour limit provided for by law. The WOZA and
the alleged threat.
MOZA members, including the six mothers
released, were charged on 1 December 2006
under two separate sections of the Criminal Law
(Codification and Reform) Act: Chapter 46 section
2 (v) and Chapter 37. A lawyer for WOZA was
also threatened with arrest for interfering with the
course of justice” whilst trying to attend to her
clients. She only managed to see the group on 30
November 2006, in the afternoon, several hours
after being in police custody.
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Appendix
Model questionnaire to be completed by persons alle2in2 torture or their representatives
Information on the torture of a person should be transmitted to the Special Rapporteur in written
form and sent to:
Special Rapporteur on Torture
c/o Office of the High Commissioner for Human Rights
United Nations Office at Geneva
CH-1211 Geneva 10, Switzerland
E-mail: urgent-action ohchr.org
Although it is important to provide as much detail as possible, the lack of a comprehensive
accounting should not necessarily preclude the submission of reports. However, the Special
Rapporteur can only deal with clearly identified individual cases containing the following minimum
elements of information.
I. Identity of the person(s) subjected to torture
A. Family Name
B. First and other names
C. Sex: Male Female
D. Birth date or age
F. Nationality
F. Occupation
G. Identity card number (if applicable)
F. Activities (trade union, political, religious, humanitarian/ solidarity, press, etc.)
G. Residential and/or work address
A/HRC/4/3 3/Add. 1
Page 343
II. Circumstances surroundin ! torture
A. Date and place of arrest and subsequent torture
B. Identity of force(s) carrying out the initial detention and/or torture (police, intelligence
services, armed forces, paramilitary, prison officials, other)
C. Were any person, such as a lawyer, relatives or friends, permitted to see the victim during
detention? if so, how long after the arrest?
D. Describe the methods of torture used
F. What injuries were sustained as a result of the torture?
F. What was believed to be the purpose of the torture?
G. Was the victim examined by a doctor at any point during or after his/her ordeal? if so, when?
Was the examination performed by a prison or government doctor?
H. Was appropriate treatment received for injuries sustained as a result of the torture?
I. Was the medical examination performed in a manner which would enable the doctor to detect
evidence of injuries sustained as a result of the torture? Were any medical reports or
certificates issued? if so, what did the reports reveal?
J. if the victim died in custody, was an autopsy or forensic examination performed and which
were the results?
III. Remedial action
Were any domestic remedies pursued by the victim or his/her family or representatives (complaints
with the forces responsible, the judiciary, political organs, etc.)? if so, what was the result?
IV. Information concernin ! the author of the present report :
A. Family Name
B. First Name
C. Relationship to victim
D. Organization represented, if any
F. Present full address
