Aadel Collection
Report of the Special Rapporteur, Mr. Nigel S. Rodley, submitted pursuant to Commission on Human Rights resolution 1995/37
UNITED
NATIONS E
Distr.
Economic and Social GENERAL
Council
E/CN.4/l997/7/Add.l
20 December 1996
ENGLISH
Original: ENGLISH/FRENCH
SPANISH
COMMISSION ON HUMAN RIGHTS
Fifty-third session
Item 8 (a) of the provisional agenda
QUESTION OF THE HUMAN RIGHTS OF ALL PERSONS SUBJECTED TO ANY FORM
OF DETENTION OR IMPRISONMENT, IN PARTICULAR: TORTURE AND OTHER
CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
Report of the Special Rapporteur, Mr. Nigel S. Rodley, submitted pursuant
to Commission on Human Rights resolution 1995/37
Addendum
Summary of cases transmitted to Governments and replies received
CONTENTS
Paragraphs Page
Albania . . . . 1 4
Armenia . . . . 2 - 4 4
Austria . . . . 5 - 8 4
Azerbaijan . . 9 5
Bahrain . . . . 10 - 16 5
Bangladesh . . 17 - 19 7
Bolivia . . . . 20 8
Bulgaria . . . 21 - 41 9
Burundi . . . . 42 13
Cambodia . . . 43 13
Cameroon . . . 44 14
Canada . . . . 45 - 47 14
Chad 48 15
Chile 49 - 69 15
China 70 - 85 18
GE.96-14494 (E)
E/CN. 4/1997/7/Add. 1
page 2
CONTENTS ( continued)
Paragraphs Page
Colombia 86 - 105 20
Congo 106 23
Côte d'Ivoire 107 23
Cuba 108 - 113 24
Cyprus 114 25
Ecuador 115 - 117 25
Egypt 118 - 143 26
El Salvador 144 30
Equatorial Guinea 145 - 152 30
Ethiopia 153 - 156 31
France 157 - 167 32
Germany 168 - 171 34
Greece 172 - 173 35
Guatemala 174 - 181 36
Republic of Guinea 182 37
Honduras 183 - 188 38
Hungary 189 - 192 39
India 193 - 208 40
Indonesia 209 - 241 44
Iran (Islamic Republic of) 242 - 246 50
Israel 247 - 274 51
Italy 275 - 284 56
Jamaica 285 58
Jordan 286 59
Kazakstan 287 - 288 59
Kenya 289 - 307 60
Libyan Arab Jamahiriya 308 64
Mexico 309 - 333 64
Morocco 334 - 335 69
Myanmar 336 - 344 70
Nepal 345 - 347 72
Nigeria 348 - 351 73
Pakistan 352 - 373 74
Paraguay 374 77
Peru 375 - 387 77
Philippines 388 - 391 79
Poland 392 - 393 80
Portugal 394 - 399 81
Republic of Korea 400 - 404 82
Romania 405 - 416 83
Russian Federation 417 - 433 84
Saudia Arabia 434 - 438 88
Senegal 439 - 445 90
Slovak Republic 446 91
Spain 447 - 453 91
Sudan 454 - 472 92
Sweden 473 96
Switzerland 474 - 476 96
Syrian Arab Republic 477 97
E/CN. 4/1997/7/Add. 1
page 3
CONTENTS ( continued)
Paragraphs Page
Tunisia . 478 - 487 97
Turkey . 488 - 528 99
Turkmenistan . 529 - 531 109
Uganda . 532 109
United Arab Emirates . 533 109
United Kingdom of Great Britain and Northern Ireland . . 534 - 538 109
United Republic of Tanzania . 539 - 542 111
Uzbekistan . 543 - 544 112
Venezuela . 545 - 564 113
Viet Nam . 565 - 566 116
Yugoslavia . 567 - 571 117
Zaire . 572 - 579 118
Zambia . 580 119
Other communications:
Information transmitted to the Palestinian Authority . . 581 - 586 119
E/CN. 4/1997/7/Add. 1
page 4
Albania
1. On 29 May 1996, the Special Rapporteur sent an urgent appeal on behalf
of the members and supporters of opposition political parties, who had
allegedly been arrested that same month in several towns of the country during
the electoral campaign. Some of the detainees were said to have been beaten
and to have received other ill-treatment while they were in police stations.
Armenia
2. By letter dated 12 June 1996 the Special Rapporteur communicated the
individual cases summarized in the paragraphs below. Mikael Manukian,
Armen Momojan and Arsen Artsruni, charged in connection with alleged
membership of a clandestine armed group known as ‘DRO' within the opposition
Armenian Revolutionary Federation party were allegedly beaten and otherwise
ill-treated for the purpose of coercing confessions during pre-trial detention
at the premises of the Ministry of Security in Yerevan. Rafael Safarian and
Zhora Khachatrian were among several lawyers involved with the ‘DRO' case who
were allegedly beaten severely by persons wearing military uniforms who were
either public officials or were acting at the instigation of such officials.
3. Nineteen devotees of the Hare Krishna religious organization, including
four women and four children, were reportedly beaten, some with iron bars,
on 18 April 1995 at the group's premises in Yerevan by 20 to 25 men, some
of whom were wearing military fatigues. The beatings were reportedly ordered
by the Ministry of Defence because it had mistakenly believed that the
Hare Krishna religion obliged devotees to refuse military service.
4. Razmik Grigorian, aged 62, was reportedly arrested on 8 May 1995 in
connection with a murder. He was taken to the police station in Kamo where he
was severely beaten, and he subsequently died. The results of a forensic
autopsy and investigation were not revealed by the authorities.
Austria
5. By letter dated 11 June 1996 the Special Rapporteur advised the
Government that he had received information on two cases of torture or
ill-treatment. The Government replied to those cases on 11 September 1996 and
transmitted a copy of a decree issued by the Austrian Ministry of Justice on
15 September 1989 concerning procedures for the prompt and impartial
investigation of allegations of torture or ill-treatment by police or security
officials. The cases sent and the Government's reply are summarized below.
6. Wolfgang Purtscheller, a journalist who had reported extensively on
rightist extremism in Austria, observed two plainclothes police officers
detaining an African asylum-seeker at the Ernst-Kirchweger House
on 22 September 1994 and asked the officers for their service numbers and
whether they had a warrant for the arrest. Ten uniformed officers
subsequently approached him. After an officer recognized the journalist and
revealed his identity, another officer reportedly struck him in the face. He
was then placed under arrest and reportedly knocked unconscious by another
blow. He regained consciousness while lying in his own vomit. It was alleged
that an officer stood on his head, another on his buttocks and a third twisted
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his right ankle forcefully, causing him again to lose consciousness. He was
hospitalized with bruises of the face, abrasions of both wrists and damaged
knee ligaments. He filed two criminal complaints and a complaint with the
Vienna Independent Administrative Tribunal. The Government replied that on
20 June 1996, the Vienna Public Prosecutor requested the investigating judge
at the Vienna Regional Criminal Court to question the police officers as
suspects. However, it was not possible to close the criminal proceedings
because it had not been possible to determine the whereabouts of
Wolfgang Purtscheller, who was needed as a witness in the case.
7. Emad Faltas, an Egyptian national, was allegedly assaulted by four
members of the Vienna Drugs Squad on 21 June 1995, after he had been observed
with a suspected drugs dealer. A medical examination carried out after his
release revealed three broken ribs and cuts and bruises to his arms, stomach
and face and he was hospitalized for seven days. The Government replied that
the Vienna Federal Police Directorate had filed a criminal information against
three detective officers. The officers were indicted on charges of causing
grievous bodily harm, but were later acquitted by the Regional Criminal Court
of Vienna. The Vienna Public Prosecutor's Officer entered an appeal against
the judgement.
Information received from the Government with respect to a case included in
last year's report
8. In its letter of 11 September 1996, the Government also replied to the
case of asylum-seeker Naser Palushi, which the Special Rapporteur had
transmitted on 29 May 1995 (E/CN.4/1996/35/Add.1, para. 43). The Government
stated that criminal proceedings had been instituted against four police
officers of the Vienna Federal Police Directorate. Forensic evidence revealed
that Naser Palushi had suffered multiple but slight injuries, but it had not
been possible to prove with the certainty required in criminal proceedings
that the injuries had been caused by the officers. The court thus dropped the
charges against the suspects.
Azerbail an
9. By letter dated 10 June 1996 the Special Rapporteur advised the
Government that he had received information according to which Rafiq Shaban
oglu Ismayilov, from the village of Digah, had been beaten severely in custody
by three police officers from Masalli district on 8 December 1995 for the
purpose of forcing him to make a confession to theft. He reportedly died from
injuries sustained from the beatings. It was unclear whether any
investigation had taken place.
Bahrain
10. On 6 May 1996 the Special Rapporteur transmitted the case of Said ‘Abd
al-Rasul al-Iskafi, a 16-year-old from Sanabis village, who was allegedly
subjected to torture in custody, including sexual assault, after he had been
summoned for interrogation by the Security and Intelligence Service (SIS) on
29 June 1995 in connection with his alleged participation in an
anti-government protest. He died 10 days after his arrest. An expert
forensic pathologist in the United Kingdom who examined photographs of the
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corpse reported numerous injuries all over the body. He concludes that “ [ t] he
appearances indicate that the deceased has been subjected to ill-treatment of
a sustained and very painful nature'. The Special Rapporteur received a copy
of the pathologist's report. The Government replied on 12 November 1996 that
the information received by the Special Rapporteur was inaccurate and was the
recognizable product of terrorist propaganda. Said ‘Abd al-Rasul al-Isakfi
had died in hospital. A full and thorough investigation into the
circumstances of his death had been promptly carried out. (The Government's
reply did not indicate the nature or the results of the investigation.) None
of the deceased's family had so far taken the opportunity to seek recourse in
the ordinary courts of law.
Urgent appeals
11. Shaikh ‘Abd al-'Amir Mansur al-Jamri, Shaikh Hassan Sultan, Shaikh ‘Ali
Ashour, Shaikh ‘Ali bin Ahmad al-Jeddhafsi, Shaikh Hussein al-Deihi, Hassan
Meshema'a, Sayyed Ibrahim Adnan al-Alawi and Abdul Wahab Hussein were
reportedly arrested by the security forces on 22 January 1996. They were said
to be among hundreds of persons detained for political reasons during the
month of January 1996. On 18 April 1996 the Government replied that they were
members of a “terrorist cell” headed by Abdul Amir Mansour Al-Jamri. They
were held in lawful custody and adequate legal, medical and procedural
safeguards were in force. They had not been mistreated in any way. They were
in good health, their conditions were humane and they were afforded rights of
visitation, welfare and medical care. The source of the information
subsequently alleged that the defendants had in fact been held incommunicado
until September 1996, when they were finally allowed to receive visits from
their families (7 February 1996)
12. Ahmad Mansur ‘Ali Ahmad and Ahmad al-Shamlana, members of a group
advocating the restoration of parliament (Petition Council) , were arrested on
24 January and 7 February 1996 respectively and were being held incommunicado
in al-Qal'a prison under the provisions of an Interior Ministry decree
allowing for administrative detention without charge for up to three years.
On 15 April 1996 the Government replied that the detainees were extremists and
agents provocateur espousing violence to achieve their political goals. They
were properly treated and their rights of visitation, welfare and medical care
were afforded strictly in accordance with the law (12 February 1996)
13. Salah Abdullah Al-Khawaja was reportedly arrested at SIS headquarters
on 22 January 1996, nine days after he had completed a seven-year prison
sentence for membership of an unauthorized organization. On 9 April 1996 the
Government replied that Salah Abdullah Al-Khawaja was associated with
foreign-backed groups which sought to endanger the security and stability of
the country. He was in good health, properly treated and afforded all his
rights of visitation, welfare and medical care (20 March 1996)
14. Sa'id al-Absoul, a member of the Petition Council, was reportedly
arrested in Al-Sanabes on 14 April 1996. On 18 June 1996 the Government
replied that Sa'id al-Absoul had been released without charge on
21 April 1996. His arrest had been lawful and he had not been mistreated in
any way during his detention (22 April 1996)
E/CN. 4/1997/7/Add. 1
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15. ‘All Ahmad Kadhem al-Muttaqawi, Jassim Hassan Mansour al-Khayat, Hussein
Ahmad al-Mudhifa, Hussein lousif Ibrahim, ‘All Ahmad Kazem ‘Abd ‘All and
‘Abbas ‘All Ahmad Habil were among at least 34 persons held incommunicado
after allegedly confessing to involvement in an Iranian-backed plot to
overthrow the Government of Bahrain. On 19 June 1996 the Government provided
to the Special Rapporteur copies of statements issued by the Ministry of
Interior discussing the plot to overthrow the Government. The texts mention
the confessions of the above-mentioned persons, but their treatment in custody
is not addressed (14 June 1996)
16. Ishraq Habib, a 16-year-old female student, was reportedly arrested
on 15 October 1996 in Manama on suspicion of possessing illegal literature.
On 25 November 1996 the Government replied that the person on whose behalf the
Special Rapporteur had appealed was probably Ashraq Ahmed Mansoor Nasser, who
was arrested on 8 October 1996, held at the Juvenile Centre and released
on 16 November 1996. She was not held incommunicado and any fears for her
physical or mental integrity were mischievous propaganda. The Juvenile Centre
was staffed by specially trained women police (8 November 1996)
Bangladesh
17. By letter dated 22 July 1996 the Special Rapporteur advised the
Government that he had received information concerning some 200 Dhaka
University students residing at Jagannath Hall, a facility housing primarily
students from religious minorities, who were reportedly injured after being
subjected to ill-treatment, including severe beatings and tear-gas, during a
raid by some 700 members of the police and Bangladesh Rifles (BDR) on
31 January 1996. The police maintained that the raid was conducted to recover
illegal arms, while opposition groups had claimed that the hall was raided
because many of the residents were supporters of the then-opposition Awami
League. The law enforcement personnel allegedly beat students, hostel wardens
and visitors in 42 residential rooms and public areas of the hall.
Diponkor Sangma, Anup Biswas, Shanto Nokrek, Sebastine Rema, Kartic Chandra
Sana were allegedly beaten with batons and rifle butts, causing serious injury
to the latter four. Photon Chandra Sutradhar was allegedly beaten and
threatened with death at gunpoint after a cloth was wrapped around his mouth
and a blanket was wrapped around his body, causing him to faint. Arun Bala
and Bimal Krishna Biswas were allegedly pushed by police out of a window as a
result of which Arun Bala suffered a broken spine and Bimal Biswas' legs were
broken. Biltoo Kumar Bir, Pokash Boidhya, Milon Golder, Somoresh Madnol,
Bidhan Chandra Das, Sundhir Roy were allegedly beaten severely. Bidhan
Chandra Das was reportedly shot in the legs.
18. By the same letter the Special Rapporteur informed the Government that
he had received the following allegations of torture, including rape, and
ill-treatment occurring in the Chittagong Hill Tracts: Kajoli Chakma and
Sunita Chakma (aged 16) , were allegedly raped at gunpoint in Lallyaghona
village on 5 September 1994 by a commander and two soldiers of the Ugalchari
Army Camp of the 46 East Bengal Regiment (EBR) of the Bangladesh Army.
Jitendra Chakma was allegedly raped by personnel of the 40 EBR from the
Naniachar Military Zone during a raid on Djuapara village, Rangamati district,
on 28 August 1994. Nepali Chakma was allegedly raped on 10 October 1994 by
several members of the BDR of the Rubber Plantation Area in Baghaichari,
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Rangamati district. Puspa Chakmaalias Hat Bhanga, of Suknachari village in
Rangamati district, was reportedly arrested and beaten severely at the Tanhgum
bazaar on 6 December 1994 by an officer of the 17 EBR, commander of the army
camp at Tanhgum. Puma Bijoy Chakma, of Kojoichari village, was reportedly
arrested and severely beaten on 12 December 1994 by members of the security
forces from Marishya zone. Bhuban Joy Chakma, Parancha Chakma, Sneha Kumar
Chakma (aged 65) and Manu Ranjan Chakma were among a number of persons from
Suknachari village, Rangamati district, who were reportedly arrested and
subjected to severe beatings by members of the BDR, following a raid on the
village on 11 August 1995. Bideshi Chakma, a 10-year-old boy from
Gangatyatali village, Rangamati district, detained by the commander of Khiram
army camp of the 17 EBR in the Ghagra military zone on 18 November 1995, was
allegedly beaten and had water forced through his nose, so that he would
reveal the location of the camp of an opposition group. A number of persons
were allegedly subjected to ill-treatment on 15 March 1995 after security
force personnel broke up an unauthorized meeting of the Hill Student Council.
Mucchang Prue Mama (female) was allegedly beaten severely by a team of
12 police officials in Bandarban town, including the subinspector of
Bandarban police station, as a result of which she had to be hospitalized.
Reverend Waizo Mama and Reverend Naendra, Buddhist monks, were also allegedly
beaten severely.
Urgent appeals
19. On 28 February 1996 the Special Rapporteur made an urgent appeal on
behalf of the following opposition activists arrested upon the commencement of
a strike called by opposition leaders: Begum Motia Chowdhury, Mohammed Nasim
and Tofael Ahmed (leaders of the Awami League) ; Moudud Ahmed (a leader of the
Jatiya Party); and Abdul Kader Mollah (a leader of Jamaat-e-Islami) . On
5 March 1996 the Government replied that the opposition leaders had been
detained as a preventive measure under the Special Powers Act (SPA) for their
involvement in prejudicial activities endangering public safety. They would
be allowed to receive visits from relatives and lawyers. They were not
subjected to ill-treatment and their right to physical and mental integrity
was protected. On 15 March 1996, the Government informed the Special
Rapporteur that the detainees had been released.
Bolivia
20. In 1996, the Special Rapporteur sent two urgent appeals to the
Government. The first, transmitted on 4 January 1996, referred to a group of
approximately 45 peasants, including 3 children, who were arrested on
27 December 1995 by the Special Security Guard in the locality of Nicayani,
near Leghepalca, when they were participating in a march with a view to
interviewing the authorities about the programme to eradicate coca crops. A
few days earlier, another group of participants taking part in the march had
been arrested and transferred to Chimore, where they were allegedly beaten.
The second urgent appeal was transmitted on 18 April 1996 on behalf of a group
of approximately 78 persons arrested by the police on 2 April 1996 in La Paz
on the occasion of a demonstration organized by several trade unions.
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Bulgaria
21. On 9 August 1996, the Special Rapporteur transmitted a number of
individual cases of alleged torture or ill-treatment. On 23 September 1996,
the Government replied to many of these cases. The allegations, followed by
the Government's reply, are summarized below.
22. Yanko Khristov Yanev and two companions were reportedly beaten
on 2 September 1994 by seven police officers at a restaurant in Assenovgrad.
Yanko Yanev underwent an operation to remove his spleen. A medical
certificate described serious multiple traumas all over his body and signs of
massive internal bleeding. The Government replied that Yanko Yanev and his
companions had resisted arrest and officers of the Assenovgrad Regional Police
Station (RPS) had to use physical force. An investigation revealed that
Yankov Yanev had suffered broken ribs during a previous car accident and
doctors who had examined him following that accident stated that his spleen
might have been damaged in the accident. An inquiry by the Assenovgrad RPS
established that its officers had acted within their powers.
23. Valentin Petkov Simeonov, an inmate at Burgas prison, was allegedly
beaten by two guards on 18 December 1994, as a result of which he lost
consciousness and spent two weeks in the prison infirmary with an injury to a
testicle. On 14 March 1995, a prosecutor dismissed his complaint because too
much time had elapsed to conduct a proper forensic medical examination,
despite the fact that a medical certificate attesting to his injuries had been
issued by a doctor who examined him on 6 January 1995. He continued to be
harassed by the guards about whom he complained.
24. Iliya Dimitrov Gherghinova, a Rom, was allegedly beaten severely in the
Sliven region of Gradets and at the Gradets police station on 9 February 1995.
He was found dead the next day, still handcuffed. Relatives who witnessed the
body observed a large wound above his temple, multiple bruises on his body,
cigarette burns on his hands and a broken leg. Investigators reportedly told
his family that no case would be filed “in the next five years” and the
officer alleged to be responsible was said to have offered the victim's wife
money to drop the complaint and to have threatened to kill a witness to the
beating. The Government replied that an inquest held in the Kotel Regional
Investigation Office had established that Iliya Gherghinova had died in the
street and there was no evidence of death by violence. The Sliven District
Prosecutor's Office had ruled to suspend the proceedings for lack of evidence
that a criminal offence had been committed.
25. Vasil Vasilev, Miroslav Ivanov and Stoyko Osmanliev were reportedly
beaten and kicked on the street and at the Second Police Precinct in Stara
Zagora by a number of officers on 10 March 1995. Vasil Vasilev's body
suffered internal injuries including a perforated duodenum, a ruptured
appendix and other severe injuries. The Government replied that the District
Prosecutor's Office in Stara Zagora had initiated an inquiry which was
subsequently closed. On the basis of a complaint by Vasil Vasilev's parents,
the District Investigation Office in Stara Zagora had undertaken an
investigation against an unknown perpetrator and the proceedings had been
transferred to the Military Prosecutor in Plovdiv.
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26. Desislav Pavlov was reportedly beaten severely at the Second Police
Precinct in Sofia on 16 March 1995. A medical forensic certificate indicated
massive bruising to the buttocks, with lesions and abrasions. A complaint was
filed with the Sofia County Prosecutor. The Government replied that
Dessislav Pavlov had been arrested on suspicion of robbery and that no
physical force had been used on him. An inquest was to be held by an
examining magistrate.
27. Girgina Dimova Toteva, aged 67, was allegedly beaten by an officer
on 5 April 1995 at the police station in Sevlievo and subsequently
hospitalized with a concussion. She required extensive medical treatment.
After she filed a complaint about the beating, two officers filed their own
complaint against her, alleging that she had assaulted them. She was indicted
and brought to trial in September 1995 for causing slight bodily injury to a
police officer. The Government replied that Girgina Toteva had violently
kicked an officer in the leg. She was sentenced by the Sevlievo Regional
Court for bodily injury inflicted on a person acting in his official capacity
and had appealed the sentence.
28. Assen Ivanov, a Rom being held on suspicion of rape at the police
stations in Petrich and Sandanski, was allegedly beaten severely by police on
11 April 1995. He died in hospital the next day. Personnel at the Forensic
Medicine Department in Sofia established that his death had been caused by a
fracture to the left temple and an injury to the brain. The Government
replied that there was no evidence that the police officers had beaten or
struck Assen Ivanov while he was in custody. The investigation into the case
had not yet been concluded due to “delayed expertise”.
29. Dimitar Stankov Stankov, a 12-year-old Rom, was reportedly arrested
on S May 1995 while attending classes in the first primary school in Sliven,
on suspicion of having stolen some items at the school. At the police station
he was allegedly slapped, kicked and beaten with a rubber truncheon, as a
result of which he signed a confession. The Government replied that an
inquiry had failed to establish any evidence of physical or psychological
coercion applied to Dimitar Stankov. The case registered with the District
Military Prosecutor's Office in Sliven had accordingly been closed.
30. Iliya Assenov Lambov, a Rom, was allegedly beaten severely by several
police officers on 29 May 1995 at his home and at the mayor's office in
Brestovista, Plovdiv region. An officer also allegedly slapped his
nine-year-old daughter several times. A forensic medical certificate revealed
a large bruise to his right eye, multiple bruises on his back, and lesions on
his chest, right elbow, right thigh and left knee. The Government replied
that Iliya Lambov had threatened an officer who had come to his home. When
back-up officers arrived, he refused to go with them and tried to strike one
of the officers. Another officer was hit by a woman in the house with a
bottle. Iliya Lambov then incited a crowd near the house to throw stones at
the officers. Proceedings were under way against Iliya Lambov for his role in
injuries inflicted on the officers.
31. Rahmat Rezazadeh Malek, an Iranian national who had been granted
political asylum in Germany, was reportedly prevented from entering Bulgaria
on 15 August 1995 by two border police officers at Sofia airport, despite
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page 11
possessing a travel document. When he complained to a senior officer, the
officer allegedly subjected him to a beating and refused him medical treatment
for the resulting injuries. He was returned on a flight to Frankfurt,
Germany, the next day, where the doctor treating him issued a medical
certificate describing multiple bruises and cuts.
32. Iliyan Veselinov Nikolov reportedly died of acute peritonitis
on 24 August 1995 in Stara Zagora prison, where he had been held in pre-trial
detention. His mother had been receiving notes from him stating that he had
been subjected to severe beatings in the lock-up. The Government replied that
Iliyan Nikolov had actually been beaten by his cell-mate. Jth investigation
had concluded that the cell-mate should be charged with murder and the case
was forwarded to the District Prosecutor's Office.
33. Ivan Vasilev Ivanov, a Rom, was reportedly involved in a fight
on 4 October 1995 with a number of “racketeers” who had cut off the
electricity supply at his petrol station in Slivo Pole, Ruse region. Later,
10 officers, including one of the “racketeers”, allegedly handcuffed him and
kicked him all over the body and threatened at gunpoint to kill him. A
forensic medical report described multiple swelling and bruising.
34. Gancho Stefanov, a Rom, was allegedly hit on the head with a hard object
by two plain-clothes police officers at his home in Elenino, Stara Zagora
region, on 20 October 1995 and was hospitalized with grave injuries suffered
as a result. Two officers of the Unit to Combat Organized Crime were being
investigated, but had not been suspended from duty. The Government replied
that the Secretary-General of the Ministry of the Interior had set up a
commission to conduct disciplinary proceedings into the incident and the two
officers had been penalized with “reprobation”. Legal proceedings instituted
in the Military Prosecutor's Office in Stara Zagora had been closed.
35. Stoyan Apostolov and Jthgel Dichev were allegedly beaten and kicked
on 5 December 1995 by masked officers of the Specialized Unit to Combat
Terrorism (Red Berets) at their shop in Tsar Simeon Street in Sofia, during
raids by the officers. Angel Dichev reportedly sustained swelling and
haematomas on the right cheekbone and right lower jaw, bruising to the lower
lip, and swelling and bruising to the left arm. Stoyan Apostolov also
suffered swelling and a haematoma on the lower lip.
36. Dimitur Velev, a Rom from Krupnik, Simitli municipality, detained at
Simitli police station on 16 December 1995, was allegedly punched, beaten with
truncheons and kicked all over the body by officers. A forensic medical
certificate revealed traumas, a broken right arm and traces of truncheon marks
on the back. The Government replied that Dimitur Velev had run away from
police officers and had threatened them with a hatchet, prompting them to
resort to physical force in self-defence, as a result of which they broke his
right arm. Preliminary proceedings instituted by the Blagoevgrad District
Prosecutor's Office would establish if the physical force applied by the
police officers was in proportion to Dimitur Velev's resistance and whether
they should be subjected to punitive measures for battery.
37. Velislav Dobrev was allegedly beaten by two police officers
on 1 February 1996 while travelling in a car, after he had intervened when the
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page 12
officers tried to extort a bribe from the car's driver. He was subsequently
refused medical treatment. While later being treated at hospital, the doctor
reportedly remarked that the blows that he had received to his head could have
been fatal. The Government replied that the District Military Prosecutor's
Office in Pleven had opened an inquest and instructed the Regional Directorate
to carry out a preliminary investigation. The Regional Directorate would take
the due disciplinary measures with regard to its officers in the event they
were proven guilty.
38. Ahmed Mustafov, from Bratovo, Trgovishte region, was allegedly beaten
with fists and truncheons and threatened with a gun to his head on
8 February 1996 after refusing to sign a confession in the RPS lock-up. He
had been arrested for having used the village school phone for long-distance
calls without permission. A medical certificate described injuries suffered
from the beating. The Government replied that no physical force had been used
on Ahmed Mustafov and that he had not been threatened with a weapon. A
medical certificate had been issued to the effect that he was beaten at the
police station, but as the mayor and villagers reported that Ahmed Mustafov
drank and had previously been involved in brawls, and because he had not
sought medical care for three days after his detention, it was suspected that
his injuries might not have been received at the police station. The results
of the preliminary investigation had been sent to the Military Prosecutor's
Office in Varna.
39. By the same letter, the Special Rapporteur further informed the
Government of reports he had received indicating that many persons
incidentally present at the scene of police actions had themselves become
victims of ill-treatment, particularly during operations by the Red Berets.
In once such incident, tens of persons were allegedly beaten and otherwise
ill-treated during a raid by some 40 Red Berets in the “La Scala” bar in Sofia
on 2 March 1995. At least three persons received emergency hospital treatment
for injuries sustained as a result of the ill-treatment. In another incident,
about 20 Red Berets allegedly beat with truncheons all of the occupants of a
café in the Druzhba quarter of Sofia on 23 November 1995. Six persons were
hospitalized, including Konstantin Kalduromov, who suffered a cracked skull
and fractures of his arms and legs. Miko Tsanev was also operated on twice
for massive abdominal bleeding and further operated on for injuries to his
arms. The same officers involved in the incident in Druzhba reportedly fired
rubber bullets two hours later at the cars of Dimitur Dimitrov and six other
men who were leaving their offices near the Rakovski football stadium. After
the men got out of their cars, they were allegedly assaulted by the officers,
taken to Mount Vitosha and subjected to further ill-treatment. At least one
person was hospitalized. Finally, around 120 officers of the Special Unit for
Combating Mass Disorder allegedly beat many of the 150 protesters blocking a
road outside of Sapareva Banya on 9 February 1995. The protesting contingent
was composed of elderly local inhabitants, ecology groups and parliamentary
deputies. Fifteen persons were reportedly injured, including two who suffered
broken limbs.
E/CN. 4/1997/7/Add. 1
page 13
Information received from the Government with respect to cases included in
previous reports
40. The Government, in its reply of 23 September 1996, addressed two
previously transmitted cases. On 26 August 1993 the Special Rapporteur had
advised the Government of information he had received on police operations at
Pazardjik in June 1992, in the course of which police officers allegedly beat
a number of Rom persons indiscriminately. The Government had provided a reply
to this case (see E/CN.4/1995/34, para. 77) . The source of the information
subsequently indicated that Kiril Yordanov had filed a complaint alleging that
he had been beaten by police officers who had entered his home. In the
23 September reply, the Government stated that the material from the complaint
had been sent to the District Military Prosecutor's Office in Plovdiv, as the
case was in its competence. The investigation was under way.
41. In a letter dated 11 April 1995 the Special Rapporteur informed the
Government of information he had received concerning a nine-hour raid carried
out in Pazardjik on 4 August 1994 by several hundred police officers from
various regional police departments and special units of the Ministry of
Internal Affairs to search for suspected criminals. In the course of the
action, Lyubcho Sofiev Terziev had been arrested and had died in the police
station of Kazanluk. Witnesses at his funeral observed traces of beatings all
over his body, including injuries on his penis, suspected to have been caused
by electric shocks. The Government replied that an inquest was held by the
examining magistrate of Stara Zagora and a triple forensic examination
concluded that the death of Lyubcho Terziev had been caused by many injuries
to the head, body, legs and arms, resulting in traumatic shock. The traumatic
injuries were said to have been caused by a hard object. No charges had been
made so far, but the investigation was still under way.
Burundi
42. On 1 March 1996, the Special Rapporteur on torture and the
Special Rapporteur on the situation of human rights in Burundi sent a joint
urgent appeal to the Government on behalf of 15 persons who were allegedly
arrested on 18 February 1996, following an exchange of gunfire between
government forces and an armed group, which had occurred near Gasenyi.
According to reports, the persons had been detained at the headquarters of the
Special Investigations Brigade.
Cambodia
43. On 24 September 1996, the Special Rapporteur transmitted to the
Government the following cases of persons alleged to have been severely
beaten: Chet Sim and Kang Man, arrested on 2 January 1996 by the police of
Phnom Sroch, which accused them of murder; Um Sam-oeun, Seng Sopharith,
Nguon Han and Cheav Koab, arrested by 30 to 40 soldiers in Phonm Penh on
13 July 1995; Leng Theuan, arrested on 20 March 1995 at the market of
Thnal Toteung (province of Kompong Cham) by members of the Tbaung Khmum
military police. Leng Theuan, suspected of being a moped thief, was said to
have been taken to the headquarters of the military police, where he was
allegedly beaten and tortured with electric shocks; a complaint was said to
have been lodged for ill-treatment, but without response.
E/CN. 4/1997/7/Add. 1
page 14
Cameroon
44. In 1996, the Special Rapporteur sent three urgent appeals to the
Government. The first, transmitted on 27 March, concerned Emmanuel Chia
Musoh, arrested in Bamenda in January 1996. He was said to have been kept in
solitary confinement for a month at the Terre Bamenda Brigade, before being
transferred to the central prison. The second appeal, transmitted on
10 April, concerned Lawrence Chimasa, member of the Democratic Social Front,
said to have been arrested in Bamenda on 12 March following demonstrations
organized by the Front and allegedly held in solitary confinement. Another
member of the Front, Charles Nkwanyuo, was said to have been arrested on
1 April in Limbe and had also allegedly been held in solitary confinement.
The third urgent appeal was sent on 19 June on behalf of Christophe Ebanga
Omgene, Maurice Tabo and Célestin Kamge Kaptue, who belonged to a group of
students arrested by the police during protest demonstrations held at the
University of Yaoundé.
Canada
45. On 10 May 1996 the Special Rapporteur sent an urgent appeal on behalf of
Saadi Bouslimani, an Algerian national residing in Canada, whose application
for asylum in Canada had reportedly been denied and whose deportation seemed
to be imminent. Saadi Bouslimani was reportedly a member of the Algerian
opposition party Front des forces socialiste (FFS) and the Mouvement
culturelle berbêre (MCB) , a militant cultural organization. He had reportedly
been arrested by Algerian police in 1992 and tortured under interrogation, as
a result of which he was reported to suffer from post-traumatic stress
disorder. In view of all the circumstances the Special Rapporteur appealed to
the Government not to deport Saadi Bouslimani or, if he were to be deported,
to seek, and take measures to ensure compliance with, assurances from the
Government of Algeria that he would not be subjected to torture or any other
ill-treatment.
46. On 20 June 1996 the Government informed the Special Rapporteur that the
case of Saadi Bouslimani had been analysed very carefully by the authorities,
who had concluded that he could not be considered as a refugee in accordance
with Canadian law and that, should he return to Algeria, there was no
objective risk that he would be subjected to torture. The Government also
indicated that Saadi Bouslimani had not exhausted all domestic remedies
available to him and that some of these remedies were still available. In
a subsequent letter dated 16 July 1996 the Government informed the
Special Rapporteur that the deportation would take place towards the end of
July and that it would not be appropriate to seek assurances from the Algerian
Government that Mr. Bouslimani would not be subjected to torture or
ill-treatment, because to do so would amount to questioning the willingness of
the Algerian Government to comply with the obligations it had assumed when it
ratified the International Covenant on Civil and Political Rights and the
Convention against Torture. On 24 July 1996 the Special Rapporteur replied
that in the case of an individual who is to be sent to a country where he
fears torture and where the latter reportedly occurs, it is perfectly
appropriate and not uncommon to seek relevant assurances from the Government
in question. The intent in seeking such assurances was not to call into
question the commitment of the receiving Government to fulfil its treaty
E/CN. 4/1997/7/Add. 1
page 15
obligations, but rather to make that Government aware of the concerns that
have been expressed with respect to the case and thereby to reduce the
potential risk to the deported person. Futhermore, the standard of proof
demanded by the Government of Canada was that of a direct personal risk of
torture to Mr. Bouslimani. If this standard were always to be applicable for
obtaining assurances from a receiving Government, then there would never be a
need to obtain assurances, since the level of risk would preclude the person
concerned from being sent back in the first place.
47. At a later date, the Special Rapporteur learned that Saadi Bouslimani
had been deported to a third country.
Chad
48. On 11 July 1996, the Special Rapporteur sent an urgent appeal to the
Government on behalf of Ngarlégy Yorongar le Moiban, leader of the Front
d'action pour la République-Fédération, said to have been arrested in
Bébedjia, Logone oriental, on 3 July 1996. Since then, he was alleged to have
been detained at the Gendarmerie Investigations Brigade in N'Djaména. It was
said that the arrest had not been communicated to the government procurator
and that no formal charges had been brought against him.
Chile
49. On 13 November 1995, the Special Rapporteur transmitted to the
Government several cases of torture which had occurred in the country
(E/CN.4/1996/35/Add.1, para. 97), to which the Government gave the following
replies.
50. Misael Esteban Apablaza Basoalto, arrested in Talca by carabineros
on 14 March 1994. The Government reported that in the proceedings for the
alleged offence of unnecessary violence denounced by the plaintiff, it had
been established that the mock executions and threats to his family reported
by him had not been substantiated.
51. Ruben Ignacio Bascur Yaeger. The Government reported that
on 1 July 1995 the Futrono carabineros station received a call from a person
stating that the lifeless body of a person was lying on the roof of his
building. Carabineros personnel found that the body was that of the
above-mentioned person and showed burn marks on one hand, which were said to
have been caused by contact with an electric cable. This cable, combined with
the rain which had fallen during the night, had allegedly produced an electric
shock, which was assumed to be the cause of death. There was no evidence
implying the responsibility of any police official.
52. Oscar Reinaldo Betanzo Maturana, Renato Rodrigo Merino Aravena, Osvaldo
Antonio Merino Aravena and Jaime Alejandro Manriquez Monasterio, arrested on
19 May 1995 in Santiago by carabineros. The Government reported that owing to
the lack of evidence regarding their participation in a robbery, they had been
set free, and that an administrative investigation had shown that the police
proceedings had remained fully within the law.
E/CN. 4/1997/7/Add. 1
page 16
53. Jorge Bustamante Inostroza, arrested by carabineros on 13 February 1995
in Santiago. The Government reported that this person had been arrested on
15 February 1995 and a few hours later had been sent to the preventive
detention centre, without any signs of injuries, and had been admitted in that
condition by gendarmeria officials.
54. Alex Calderôn Venegas, arrested on 13 August 1994 in Santiago by
carabineros. The Government reported that, according to the diagnosis of
San José hospital, the person had shown marks of slight injuries at the time
of his arrest, and that on the same day he had been brought before the court
and handed over to the Preventive Detention Centre with an exact description
of his injuries.
55. Hugo Francisco Carvajal Diaz, arrested by the police on 17 April 1995 in
La Pintana, Estrecho de Magallanes, Santiago. According to the Government, an
administrative investigation had been carried out into alleged unlawful
proceedings and ill-treatment, reaching the conclusion that the responsibility
of police officials was not involved. Nevertheless, a few minor faults had
been found in police proceedings, which had been duly sanctioned.
Mr. Carvajal had not been examined by police physicians. The 11th court of
criminal investigation of San Miguel was examining the case for unlawful
ill-treatment.
56. Juan Alberto Contreras Acevedo, arrested on 30 April 1994 by carabineros
of La Victoria station, Santiago. The Government reported that at the time of
this person's release, he bore no visible injuries or bruising. The Chilean
Carabineros moreover reject allegations regarding the application of electric
shocks, a practice never employed by the carabineros.
57. Tania Maria Cordeiro Vaz and her 13-year-old daughter Patricia Vaz Peres
Amorim, arrested on 16 March 1993 in Rancagua by members of the Police
Assaults Brigade. The Government reported that examination proceedings had
been initiated, which had established the administrative responsibility of the
chief of the unit concerned and eight officials for failing to carry out their
duties with due interest and determination and for abuse of authority, those
responsible having been subsequently removed from the brigade. In addition,
the 14th Court of Criminal Proceedings of Santiago has started proceedings on
the case. The Government also reported that Mrs. Cordeiro had been examined
by a forensic physician at the First Assaults Station and had showed no
physical or mental signs of recent injuries.
58. Hugu IbIflez Navarrete, arrested by carabineros on 22 May 1995 on the
Plaza Longavi. The Government reported that an internal inquiry had been
opened, which had determined the administrative responsibility of the
arresting official, as a result of which the case had been reported to the
Military Prosecutor's Office of Talca for unnecessary violence.
59. Victor Manuel Lira Moreira, arrested by carabineros on 5 November 1994
in the Playa Grande district of Cartagena. The Government reported that the
wounds shown by the person had been produced when he himself had broken out of
the police van in which he was being transported and had thrown himself onto
the road.
E/CN. 4/1997/7/Add. 1
page 17
60. Juan Luis Navea Espinoza, arrested on 7 May 1995 by carabineros of
El Castillo station. The Government reported that he had been arrested for
carrying and keeping a firearm.
61. Eduardo Andrés Pineda Mulato, arrested by carabineros
on 15 November 1994 in Santiago. The Government reported that this person
had shown only slight injuries on the wrists, which had resulted from his
own struggling while handcuffed as a security measure.
62. Fernando Jthelino Rojas Serrano, arrested by carabineros of the Fourth
Santiago Station on 3 June 1995. The Government reported that, while he had
been detained, the person had aggressed the duty officers, who had had to
restrain him in order to calm him down, and he had even hit himself against
the walls.
63. Hernmn Alfonso San Martin Jeria and Leonardo Alarcôn, arrested by
carabineros on 4 March 1995 in the commune of Renca. The Government reported
that after due administrative investigation no liability was found on the part
of police officials on duty.
64. Pedro Gastôn Sanchez Salazar, arrested by the carabineros
on 3 April 1994 in the village of Huamachuco, commune of Renca. The
Government reported that this person had been released a few hours after
having been detained and that, on leaving the station, he had not borne any
visible injuries or bruises. On the following day, he had reported to the
emergency station and lodged a complaint for injuries against police staff
with the official on duty. The case was currently before the second Military
Court of Santiago.
65. Pablo Seguel Ramirez, severely beaten by carabineros on 6 January 1995
near the Playa El Quisco. According to the Government, this person had not
been beaten by carabineros, but by several individuals with whom he had been
drinking, which was the reason why he had requested the assistance of the
carabineros from his home. He had later lodged a complaint with the
carabineros station of San Antonio, leading to an administrative inquiry,
which in conclusion had decided to impose disciplinary sanctions on the
officials who had gone to his home for not having followed the correct
procedures.
66. Cecilia Maria Silva Godoy, beaten at the carabineros station Las Quilas
de Temuco on 6 November 1994. The Government reported that this person
suffered from severe mental disturbances and that the injuries which had
occurred at the said station were the result of her own action, when she grew
angry because the duty staff took time attending her. Nevertheless, her
mother had reported the incident, whereupon the facts had been brought to the
notice of the second Military Court of Santiago on a complaint of unnecessary
violence. Subsequently, a complaint for injuries had been lodged with the
second Criminal Investigation Court of Temuco. The internal administrative
inquiry had concluded that carabineros staff were not responsible.
67. Victor Hugo Solis Chico was arrested by the police in Valdivia
on 18 April 1993. In 1995, the Government reported that the case had been
E/CN. 4/1997/7/Add. 1
page 18
dismissed as ill-founded. In 1996, however, it further reported that a
detective had been committed for trial and that the case had been brought
before the Valdivia Court of Appeal for stay of proceedings.
68. José Uribe Diaz, arrested by the Puerto Montt police on 21 August 1993.
The Government reported that an inquiry had been held, which had not confirmed
the accusation, but had established minor administrative faults in police
proceedings, which had been duly sanctioned. The person had not been examined
by the medical service.
69. Miguel Angel Vallejos Palma, arrested by carabineros on 25 February 1995
in PanimIvida, Colbün, seventh district. The Government reported that in the
course of an administrative inquiry, a sergeant had been found responsible;
the latter had been discharged from the carabineros and had been handed over
to the Military Prosecutor's Office of Talca, where he had been detained.
China
70. On S July 1996 the Special Rapporteur transmitted the individual cases
summarized in the paragraphs below.
71. Zheng Musheng, of Dongkou county, Hunan province, arrested in
January 1994 under accusation of “swindling people and seriously disturbing
public order by spreading rumours and fallacies”, was reportedly targeted for
his involvement in officially unapproved religious activities. At Shanmen
police station, he was allegedly tortured in order to force a confession and
died the following day. His widow filed a suit against police officials
complaining about his death in custody, but was being kept under surveillance
and interrogated repeatedly by police officers.
72. Li Dexian, a travelling evangelist, was reportedly arrested by Public
Security Bureau (PSB) officers in Beixing township, Guangdong Province, on
four occasions between December 1994 and 18 March 1994 and beaten on three of
those occasions. During his arrest on 18 February 1995, five or six officers
allegedly beat him with steel rods as a result of which he suffered broken
ribs and an injury to his back. The officers also allegedly jumped upon his
body and kicked him.
73. Gao Shuyun and Huang Guanghua were among 30 to 40 followers of the
underground Catholic church in Congren and lihuan counties and Linchuan city,
Jianxi province, reportedly arrested in April 1995 by PSB officers from Fuzhou
during an Easter Mass held on lujiashan (lujia mountain) . They were allegedly
beaten severely and, as a result, were unable to feed themselves without
assistance following their release.
74. Wang Jingbo was reportedly detained unlawfully by the Chaoyabg district
PSB in Beijing on 26 November 1995 and allegedly beaten severely in custody,
whereafter he died on 3 December 1995. His family was provided with a death
certificate which indicated the cause of his death to be cerebral bleeding.
The family requested an autopsy, the results of which revealed 12 broken ribs
and a brain haemorrhage.
E/CN. 4/1997/7/Add. 1
page 19
75. Wandu and his 13-year-old son were reportedly detained by the Nepalese
authorities around 24 October 1994, after they had attempted to cross the
border at Zhangmu. They were subsequently turned over to the Chinese
authorities, who allegedly beat them repeatedly with sticks on the legs.
76. Dudul Dorje, a nomad from Jyekundo (lushu) in Qinghai province, and 12
other persons were reportedly beaten with electric batons during interrogation
by police, following their detention in Dram, near the border with Nepal, in
November 1994. They were subsequently transferred to Lhasa and held for four
months, under accusation of separatism. Dudul Dorje was questioned up to
three times per day, during which time he was allegedly beaten and given
electric shocks.
77. Norbu, Dondrup and Jamyang Phuntsog, arrested by PSE officers in Lhasa
in January 1995, were allegedly interrogated under torture over nine days at
the branch police station in Kyires, including by application of electric
shocks through wires to their thumbs and beatings with electric batons while
tied to a pillar.
78. Kunchog Tenzin was reportedly arrested in February 1995 and allegedly
beaten severely at Nagchu prison, as a result of which his hands became
disfigured and his back was injured permanently. He was said to be
subsequently unable to stand erect.
79. Chungla (female), a resident of Nepal, was reportedly detained
on 5 April 1995 by PSE officers in Dram, after she had crossed into Tibet to
conduct business affairs. In police custody at Shigatse she was allegedly
tortured under interrogation by means of beatings with electric batons, which
caused her to lose consciousness several times. She was later taken to Nyari
prison and detained without trial for almost four months.
80. Sherap Wangmo (female) was reportedly beaten severely by three named
officials in April 1995 in Drapchi prison, where she was serving a three-year
sentence.
81. Sherab Dragpa, a monk from Kham, was reportedly detained with a number
of other persons in April 1995, following their deportation from Nepal. They
were held at the police station in Dram for seven days and at a military camp
for another eight days, during which time they were allegedly deprived of
food. They were subsequently transferred to Shigatse for eight days, where
they were allegedly kicked and beaten with sticks and electric batons during
interrogation.
82. Tsondrup, a nun from Tingri, was reportedly arrested in May 1995 while
trying to cross into Nepal at Zhangmu. During ten days of interrogation at a
prison in Zhangmu she was allegedly beaten repeatedly on the legs with iron
rods.
83. The Special Rapporteur also reminded the Government of 35 cases
transmitted in 1994 and 1995 regarding which no reply had been received.
E/CN. 4/1997/7/Add. 1
page 20
Urgent appeals sent and replies received
84. The Special Rapporteur transmitted an urgent appeal to the Government
on 7 August 1996 on behalf of Liu Nianchun, a detained labour activist, who
had reportedly been transferred to Tuanhe Labour camp on 10 July 1996, where
he was allegedly subjected to beatings by an inmate identified as the “head”
of a prisoner group. He was allegedly being denied necessary medical
treatment for his condition. On 4 October 1996 the Government replied that no
incident of beatings by inmates had occurred. When he arrived at Shuanghe
Camp, Liu Nianchun claimed to be ill and so was not assigned a job, but rather
was taken to hospital for examination and treatment. Allegations about his
being beaten and denied medical treatment were false rumours spread by someone
with ulterior motives. The legal rights of prisoners, including those
protecting their personal security and dignity, were fully guaranteed by law
and ensured in practice. The authorities had set up a strict supervision
mechanism, which ensured that violations by law enforcement officials did not
go unpunished.
85. The Special Rapporteur transmitted another urgent appeal
on 16 October 1996 on behalf of Wang Hui, the wife of imprisoned labour rights
activist Zhou Guoqiang, who was reportedly arrested on 20 September 1996 and
was being held incommunicado. She was said to have been detained on a number
of occasions since May 1995, including for 27 days between May and June 1996,
during which she was allegedly twice subjected to beatings, once by a prison
doctor and again by a prison guard Section Head. She reportedly sustained
injuries and scars from the beatings, including to her shoulder. In August,
she was apparently quoted by foreign reporters as intending to sue the Beijing
police for illegal detention and ill-treatment.
Colombia
86. By letter dated 16 September 1996 the Special Rapporteur transmitted to
the Government the cases mentioned in the paragraphs below, to which the
Government referred in its letter dated 28 November 1996.
87. Paolo Rafe, inmate of the prison of La Picota (Santafé de BogotI), was
said to have been violently beaten on 8 August 1994 by members of the
Jthti-extortion and Anti-kidnapping Unit (UNASE) of the National Police when
they entered the maximum security wing for the purpose of transferring the
prisoner.
88. On 13 August 1994, military personnel of the second Mobile Brigade
raided the settlement of Pitalito (Curumani, César), where for several days
they had ill-treated local peasants, including the following:
(a) Hermes Eli Quintero was allegedly beaten, seized with a towel by
the neck and taken to a well where he was reportedly submerged, while they
placed one foot on his neck and another on his stomach;
(b) Danilo Lozano was said to have been taken to a small stream, where
with a towel they had stopped his mouth and nose, while they poured water from
a flask until he had almost drowned;
E/CN. 4/1997/7/Add. 1
page 21
(c) Huber Arévalo had been seized by the neck with a towel and dragged
to a stream, where they had reportedly dipped his head in the water until he
had almost drowned.
89. According to the Government, the three cases had been provisionally
filed by the Military Court.
90. Marco Albeiro Valencia Duque was said to have been arrested
on 21 September 1995 with three other miners in Remedios, Antioquia, by police
units and army personnel. He was reportedly taken to the police station,
where they beat him and placed a bag over his head. They also allegedly
introduced a grenade in his mouth and pointed a rifle at his head.
91. Argeidis CIceres Arciniegas, a 14-year-old peasant, was said to have
been stopped by a patrol of the second Mobile Brigade on 19 November 1994 in
the settlement of Caflo Pueretano (Sabana de Torres, Santander) . When he said
that he did not know the whereabouts of the guerrilla chief, he was reportedly
shoved, kicked, thrown into a pond and struck with a rifle. He was also said
to have been threatened with being tortured with water and a towel, and they
allegedly kicked him in the head and placed an electric wire on his arms.
92. Alberto Castillo Lôpez, a peasant living in the village of Dante Bajo
(Simacota, Santander) , was said to have been arrested on 26 November 1994 by a
military patrol of the battalions Los Guanes and Luciano D'Elhuyar and two
paramilitaries. Accused of being a guerrilla fighter, he was allegedly
questioned, thrown to the ground and stepped on. They also reportedly kicked
him and covered his face with wet towels, throwing water into his mouth, ears
and nose. He was allegedly asphyxiated until he fainted and then obliged to
sign a statement of fair treatment.
93. Edy Enrique Goes Luna, a young peasant still under age, was said to have
been tortured in February 1995 by military personnel of the second Mobile
Brigade in the village of Popal, in the hills of San Lucas, Simiti, Bolivar.
He was allegedly seized by the hair; his head was struck several times against
the wall and he was thrown to the ground while they questioned him. They also
reportedly burnt him on the back with the hot muzzle of a rifle and then trod
on his burn.
94. Nubia Rodriguez, a peasant three months pregnant living in the village
of La Cristalina, Puerto Wilches, Santander, was said to have been tortured on
21 February 1995 by members of the No. S Counter-guerrilla Battalion, who
reportedly tied her hands behind her back and stood on her stomach. One
soldier allegedly took off his belt and beat her on the back, while they were
questioning her regarding the whereabouts of the guerrillas.
95. Clarisa Cardozo, a peasant, was said to have been arrested
on 26 August 1994 by members of the Luciano D'Elhuyar battalion, accompanied
by members of the paramilitary group “Los Masetos”, who burst into her house
(in Betulia, north Santander) , saying that she had to hand over the guerrilla
fighters. She was reportedly obliged to place her head in a container of
salty water.
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96. Luis Enrique Prada Gômez was said to have been arrested on 8 March 1995
by soldiers of the Nueva Granada and Ricaurte battalions, at the departmental
inspectorate of Puente Sogamoso, Puerto Wilches, Santander. His head was
reportedly placed in a bucket full of salty water. The Government reported
that the military court had decided to close the case.
97. Jairo Garavito Tirado, an under-age peasant, was said to have been
arrested on 11 May 1995 in Betulia, Santander, by members of a paramilitary
group, accused of cooperating with the guerrillas. He was allegedly beaten
38 times with a stick, and then laid down face upwards with his hands tied,
while his nose was covered with a towel and dowsed with salty water. They
were also alleged to have beaten his mother, Ana Rosa Tirado.
98. With respect to all the aforegoing cases, the Government reported that
the Office of the Parliamentary Commissioner had not received any complaints.
99. Dora Inés Smnchez, a peasant, was said to have been tortured
on 7 January 1995 by four soldiers of the No. S Counter-guerrilla Battalion
Los Guanes, who broke into her house situated in the village of Caflo Pueretano
(Sabana de Torres, Santander) . A soldier was alleged to have taken a towel
and a mat from the house, on which Mrs. Smnchez was obliged to lie down. The
towel was reportedly placed over her face, while two soldiers kept it pressed
over the mouth and nose. They were also alleged to have brought a bucket of
water and to have thrown water at her mouth and nose.
100. Libardo Orejarena, a peasant, was said to have been stopped
on 7 January 1995 at a place called Paturia, near Caflo Pueretano (Sabana de
Torres, Santander) by soldiers of the No. S Counter-guerrilla Battalion. They
allegedly tied his hands behind his back, before throwing him to the ground
face upwards, exerting pressure on his nose and mouth with a towel. They also
reportedly threw water at him while they questioned him about the whereabouts
of the guerrilla forces. One soldier was said to have stood on his stomach,
exerting pressure, and they allegedly throttled his neck with their hands
until he almost choked.
101. Leônidas Bastos Goyeneche was said to have been arrested
on 4 February 1995 by soldiers of the No. S Counter-Guerilla Battalion in
Sabana de Torres, Santander. It is alleged that they tied his hands and that
several soldiers stood on his stomach. Also, while they questioned him about
the guerillas, they reportedly stuffed a towel in his mouth, throwing salty
water into his nose and dipping his head in a stream until he almost drowned.
102. With regard to the three aforegoing cases, the Government reported that
they had been transmitted to the Office of the Attorney-General of the Nation.
103. Giacomo Turra, a 24-year-old student of Italian nationality, died at the
hospital of Bocagrande, Cartagena, Bolivar, on 3 September 1995. According to
a report by the High Commissioner for the Police, his death was allegedly the
result of numerous blows inflicted by police officers, which caused a brain
trauma.
104. Martin Oyola Palomo, caretaker of the building of the Colombian Workers'
Union (UTC) was arrested on 22 May 1996 in BogotI by three armed individuals
E/CN. 4/1997/7/Add. 1
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suspected of being connected with the Battalion of the Presidential Guard.
The individuals allegedly forced him to climb into a van, inside which they
blindfolded him, tied his hands, beat him repeatedly and carried out mock
executions. They were also said to have pierced his nails with a sharp object
until he lost consciousness. The Government reported that the case had been
transmitted to the Ministry of Defence, which had decided to dismiss it.
Information received from the Government regarding cases included in earlier
reports
105. On 27 February 1996, the Government sent replies on the following two
cases which had been transmitted by the Special Rapporteur on 29 May 1995:
Jairo Calderôn Rueda, a leader of the Workers' Union in Bucaramanga, brutally
beaten by police on 2 January 1994; according to the Government, on
14 September 1995 the Provincial Prosecutor's Office of Bucaramanga ordered
the dismissal of a National Police officer implicated in the events.
Alexander Pefluela Sanabria, arrested in Barranquilla on 18 September 1994 by
members of the SIJIN (Military Intelligence) , and subjected to torture at the
fourth police station of Bosque. The Government reported that the
disciplinary inquiry had found three officers of the National Police
responsible for those acts.
Congo
106. The Special Rapporteur sent two urgent appeals to the Government. The
first, dated 14 February 1996, concerned René Serge B. Oba, Médard Ondzondgo,
Lessita Otangui and Bernard Bouya, trade union leaders, alleged to have been
arrested and tortured in January 1996 by members of the Direction de la
sécurité du territoire (DST) in Brazzaville. The second urgent appeal, sent
on 2 October 1996, concerned the businessman Pierre Otto Mbongo, reportedly
arrested on 11 September in Brazzaville by members of the armed forces,
without a warrant, and said to be without contact with his family, his doctor
or his lawyers.
Côte d'Ivoire
107. In a letter dated 14 October 1996, the Special Rapporteur informed the
Government that he had received reports concerning the following cases:
Sylvie Anoma was allegedly raped on 25 June 1995 by a member of the security
forces on the university campus of loupougon (Abidjan) ; a complaint was
reportedly lodged but no inquiry had been opened. Guillaume Soro Kibafori,
Secretary-General of the Fédération estudiantine et scolaire of Côte d'Ivoire
and eight other members of the same organization were reportedly arrested
around 27 September 1995 by members of the DST in Jthidjan. They were
allegedly detained at the DST premises and at the police school in Abidjan,
where they were said to have been beaten and deprived of food for several
days.
E/CN. 4/1997/7/Add. 1
page 24
Cuba
108. On 14 October 1996, the Special Rapporteur again transmitted to the
Government a series of cases already sent in 1995 (see E/CN.4/1996/35/Add.1,
para. 161) , on which no reply had been received. He also transmitted
information on the following events which had occurred in the country's
prisons.
109. René Felix Lôpez, inmate at the Kilo 8 prison of Camagüey, was said to
have been beaten on 16, 19 and 25 December 1995, after insistently demanding
medical assistance owing to a condition of chronic asthma. As a result of the
beating on 16 December he had suffered a fracture of the left arm. In the
same prison, Enrique Hernmndez Tosca was also said to have been beaten, on
16 December 1995, suffering fractures in the cranium and in one arm. Brutal
beatings were also reported to have been inflicted in the Kilo 8 prison in
1996 on Jesus ChImber Ramirez; Mariano Luperôn, who reportedly suffered
fractures in both arms and in the nose; Frank Sotolongo, who allegedly
received a strong kick which had necessitated an urgent operation on his
appendix; and Luis Portuondo VelIzquez, who was said to have suffered a
fracture of the cranium.
110. Ramôn Varel Smnchez, inmate of Prison 1580 in Havana, was said to have
been beaten at the beginning of 1996 by two prison officials, as a result of
which he reportedly had to be admitted to the prison hospital. At the same
establishment, another inmate, Joaquin Antonio Martinez Lemes, was allegedly
beaten because he refused to be transferred to another section where a
prisoner was threatening his life. Despite his objections, he allegedly was
transferred, and the aforementioned prisoner was said to have attacked him
with a pair of secateurs, producing an internal haemorrhage and the loss of
the left kidney.
111. René Perez Castellanos, inmate of the Prison of Valle Grande, was said
to have been beaten on 28 May 1996 by an official, who reportedly subjected
him to strong kicking, after which he had allegedly banged his head on the
wall until Perez Castellanos fell to the ground unconscious.
Urgent appeals
112. On 22 December 1995, the Special Rapporteur transmitted an urgent appeal
to the Government on behalf of José Miranda Acosta, inmate at the prison
Kilo Cinco and Medio de Pinar del Rio, who was said to have been heavily
beaten by a guard, and then transferred to the punishment section, which is
reportedly characterized by intense cold in the cells.
Information received from the Government with regard to cases contained in
earlier reports
113. On 10 October 1995, the Special Rapporteur, in conjunction with the
Special Rapporteurs on extrajudicial, summary or arbitrary executions and on
the situation of human rights in Cuba, transmitted an urgent appeal on behalf
of Juvencio Padrôn Dueflas, Felix Molina Valdés and Carlos Cruz, who had
reportedly received severe sentences after being beaten and forced by the
E/CN. 4/1997/7/Add. 1
page 25
police to sign self-incriminating statements (see E/CN.4/1996/35/Add.1,
para. 163) . The Government replied that these persons had been sentenced for
murder and that during the court proceedings, at which the offences had been
duly proved, they had been entitled to every guarantee, including legal aid.
C yp r us
114. On 4 January 1996 the Special Rapporteur informed the Government of
reports he had received concerning Erkan ELImez, a Turkish Cypriot from
Akincilar (Louridjina), who had been detained by Greek Cypriot police under
accusation of smuggling and spying in the buffer zone under the control of
United Nations peacekeeping forces (tJNFICYP) . He was allegedly subjected to
extensive beatings, as a result of which he was hospitalized on
12 October 1995. A tJNFICYP doctor reported serious injuries. His wife
observed wounds indicative of torture, including a cut ear, burns possibly
made by cigarettes, a bruised chin and forehead, swollen and bloodshot eyes, a
stitched wound on the hip. His back was marked with lines suggesting he had
been whipped. A medical report from his family doctor confirmed that he had
been subjected to torture and that his body was covered with wounds caused by
beatings and slashing with implements. He had sustained injuries to his eyes,
ear, hip, back, soles of his feet and around his kidneys.
Ecuador
115. By letter dated 11 July 1996, the Special Rapporteur informed the
Government that he had received information concerning the cases of Chesman
Caflôn Trujillo, Ramôn Alirio Perez Vargas, Martha Cecilia Smnchez, Guillermo
Diaz and Pedro Aguirre. These persons, of Colombian nationality, legally
recognized as refugees by the Ecuadorean authorities, were said to have been
arrested on 18 August 1995 in Quito by military personnel. For several days
they were reportedly kept incommunicado on military premises near Quito, where
they were subjected to blows, electric shocks and death threats and kept
blindfolded. On 3 October 1996, the Government replied that these persons had
been arrested by army intelligence staff in the course of an investigation for
possible conspiracy to subvert the public order.
116. In the same letter dated 11 July, the Special Rapporteur again
transmitted to the Government a list of cases communicated in 1995 on which no
reply had been received.
Information transmitted by the Government regarding cases included in earlier
reports
117. On 3 October 1996, the Government replied regarding the cases of Oscar
Soto and John Kennedy Garcia Petevi, which had been transmitted by the Special
Rapporteur on 29 May 1995. These persons were said to have been arrested by
the police in Quito on 12 April 1994 and tortured at the Provisional Detention
Centre. In its reply, the Government confirmed that they had been arrested
and pointed out that the Provisional Detention Centre was placed under the
authority of the Ministry for Social Welfare, where no types of police
investigations were carried out.
E/CN. 4/1997/7/Add. 1
page 26
Eg ypt
118. By letter dated 22 July 1996 the Special Rapporteur transmitted to the
Government information on the cases summarized in the paragraphs below.
119. Nasr Ahmad Ali Es-Sayyed, an inmate at Fayyom Prison, was allegedly
assaulted and hit by a prison officer in September 1995, as a result of which
he fell into a coma. He was said to have sustained a clot on the brain that
rendered him partially paralysed and unable to speak.
120. Khedewi Mahmoud Abdul Aziz and Mohamed Ibrahim Saeed were among a number
of persons reportedly injured on 31 August 1994 in the course of operations
conducted at Tanta prison by prison officials and members of the Security
Services Investigation (SSI) . Prisoners were allegedly beaten
indiscriminately with rubber and wooden truncheons.
121. Mostafa Ali Muharram, Ahmed Badr Gad, Salah Ahmed Al-Sayyed, Abdul
Fattah Ibrahim Ahmed, Abdul Fattah Eid Hassan, Abdul Nabi Hashem Taha and
Youssri Monamed Fawaz were among a number of prisoners injured at Abu Za'abal
prison on 12 September 1994 during an operation by prison officials and
members of the 551. The prisoners were said to have been assaulted with tear
gas and electric batons.
122. Abd Al Latif Idris Ismail was reportedly arrested on 25 March 1995 under
accusation of petty theft and tortured for four days at Helwan police station.
He was allegedly hung upside down from the ceiling and subjected to electric
shocks which resulted in the paralysis of his left leg and arm. He was
released on 30 March, but was arrested again five days later and subsequently
taken to hospital.
123. By the same letter, the Special Rapporteur requested follow-up
information from the Government with respect to a substantial number of
previously transmitted cases, including information on developments in
investigations or judicial proceedings.
Information received from the Government with respect to cases included in
previous reports
124. On 8 December 1995, the Government replied to the cases that the
Special Rapporteur had transmitted on 26 April 1995 (see E/CN.4/1996/35/Add.1,
paras. 182-210)
125. With respect to the following persons allegedly subjected to torture,
the Government stated that they had failed to present themselves at the Office
of the Assistant Attorney-General, even though they had been invited to do so
in order to complete the investigations: Gamil Hassan Metwalli Sayyid,
Mustafa Sadiq Ibrahim Musa, Ashraf Abul Hassan Ibrahim Qasim, Muhamad Alawi
Ali Abdul Muhaimin, Atiyya Ahmad Muhammad al-Sayyid, Midhat al-Sayyid Ahmad
Hilal, Muhammad Khalaf loussuf Abdul Rahman Zayid, Ahmad Thabit Farag Muhamad,
Atif Gamal Mahmoud Umran, Abul Magd Hani Sabir Siyam, Khalid Said Mahmoud,
Mu'tazz Ali Abdul Karim Abdul Ghani, Tal'at Fuad Muhammad Qasim, and Ahmad
Fathi Hafiz al-Dhayit. The investigations into these cases were being
completed in the light of the findings of technical reports.
E/CN. 4/1997/7/Add. 1
page 27
126. With respect to the cases of Sharif Hassan Ahmad Muhammad Hassan,
Qasim Ibrahim Qasim Qutaish, Ala ed-Din Abbas Radhan and Ahmad Ibrahim Abdul
Galil Mustafa, in which the court had found evidence obtained through their
torture to be inadmissible, and in regard to which the Special Rapporteur had
sought to determine whether the persons responsible for the acts of torture
had been prosecuted and compensation paid to the victims or their families,
the Government stated that the substantiating grounds of the judgement in the
case had not indicated whether there was any evidence of torture. Neither
these persons nor their families had instituted legal proceedings to claim
compensation.
127. With respect to Mahmoud Hussein Muhammad Ahmad, the Office of the
Attorney-General had re-examined his complaint and upheld the decision of the
El-Minya Public Prosecutor to close the case.
128. With respect to Munabbiya Nagi Ali, the Prosecutor at the Tanta Court
of Appeal had decided that the charge against the officer alleged to be
responsible, although inadmissible, should be retained in the register of
administrative complaints. The complainant had lodged an appeal with
the Assistant Attorney-General who upheld the view of the Prosecutor
on 23 February 1994.
129. In the case of Abdul Harith Muhammad Ibrahim Madani, the Department of
Public Prosecution (DPP) had requested the Department of Forensic Medicine to
expedite the dispatch of the final autopsy report and the Department of
Forensic Medicine had requested further information from the DPP concerning
the circumstances surrounding the death of the victim. The DPP had questioned
the police officers responsible for the arrest and had replied to the
questions raised by the Department of Forensic Medicine. The file was
awaiting a final decision by the DPP.
130. With respect to those persons who had been summoned to the DPP so that
their statements could be taken, some of whom had been referred to the
Department of Forensic Medicine, the Special Rapporteur had requested to be
apprised of developments in the cases. Regarding the cases of Muhammad Sammir
Ubaid al-Sayyid, Khalid Abdul Fattah Hassan Mustafa, Muhammad Ali Muhammad
Metwalli, Khalifa Abdul Azim Abdul Aziz Khalifa, Yahya Khalafallah Muhammad
Ali, Rabi' Ahmad Rikabi Ahmad, Za'id Abdul Sami' Ali Ammara, Ahmad Shawqi
Thabit Abdul Al, Abdul Rahim Abdul Ghaffar Mursi Abdul Ban, Muhammad Gallal
Ahmad, Samir al-Sayyid Mahmoud Raihan, Yaseen Abdul Sattar Yaseen, Gamal
Muhammad Abu Zaid Shabib Hilal, Tariq Metwalli al-Iraqi, Islam Ragab Abdul
Hadi Sha'lan, Khalifa Abu Zaid Shabib Hilal, Tariq Metwalli Ahmad al-Tukhi and
Yasir Haggag Ahmad Haggag, the Government stated that medical reports had been
received from the Department of Forensic Medicine and the accused officers had
been summoned so that they could be questioned and confronted with the
findings of the investigations. Those investigations would be completed in
the light of their statements. However, with respect to the cases of Muhammad
al-Sayyid, Amin Hamdi Salim, Hisham Mubarak Hassan, Ahmad Ismail Mahmoud
Salama, Adil Al-Sayyid Qasim Sha'ban, Amer Abdul Moneim Muhammad Ali, Muhammad
Afifi Matar, Muhammad Rashid Abdul Rahim al-Imam and Muhammad al-Sayyid
al-Sayyid Higazi, none had presented himself for the medical examination that
E/CN. 4/1997/7/Add. 1
page 28
had been ordered, nor had any of them pursed their complaints in order to
complete the legally prescribed procedures needed for a final decision,
despite repeated requests and summonses in that connection.
131. The Special Rapporteur considered that the original reply from the
Government to a number of cases had not clearly addressed the allegations of
torture. Among those cases, the Government stated that for those persons
acquitted by the military court, particularly Abdul Moneim Gamal el-Din Abdul
Moneim, Hussein Taha Umar Affifi, Amre Muhammad Ali al-Iraqi, Tariq Mansour
Ali, Hassan Makkawi Hassanein Makkawi and Muhammad Ali al-Sayyed Higazi, the
court had not been convinced of the truth of the allegations of torture. The
acquittals had been objective and unrelated to the allegations of torture. As
to the cases of persons convicted by the military court, namely Hilal Uthman
Mursi Hilal, Ashraf al-Sayyid Ibrahim Salih Abul Lail, Shafi'i Magd Ali Magd,
Ali Hashim Muhammad Ali Ammara, Muhammad al-Sayyid Mustafa al-Dassouqi, Tariq
Abdul Razaq Hassan, Hamadnah Qasim al-Abd Qasim, lyhab Abdul Maqsoud Mu'awwadh
Ibrahim, Al-Sayyid Salih al-Sayyid Sulaiman, and Tariq Abdul Nabi Hassan
al-Fahl, the court had applied all the legal procedures concerning the
defendant's right to make allegations of torture in order to substantiate the
case for the defence or to be examined by the Department of Forensic Medicine.
The court had not been convinced of the allegations of torture. The
substantiating grounds for the court's judgement had not stated that the court
had based its verdict on evidence obtained through torture.
132. With respect to the case of Ramadhan Mahmoud Ahmad, a lawyer who was
allegedly tortured at the Abu Za'bal branch of the SSI, he had gone to
Abu Za'bal prison with the wife of a detained terrorist and had presented
two visit permits, one of which had been falsified. The DPP had begun an
investigation and ordered his release on his own recognizance.
133. As for Tihami Ahmad Abdullah Shalabi, Safawat Ahmad Abdul Ghani, Ahmad
Abduh Salim, Mahmoud Muhammad Ahmad Shu'aib, Hassan al-Gharbawi Shahhata,
Adli Abdul Latif and Muhammad Mursi, who were allegedly tortured or
ill-treated by warders at a high security prison in February 1994, the head of
the DPP and two deputies had made an unannounced visit to Tora prison to
investigate a complaint by their lawyer that they had begun a hunger strike
after being assaulted and tortured. The DPP personnel inspected the cell
blocks and interviewed the prisoners, who complained of a lack of bathing
facilities, denial of family visits and beatings, but denied beginning a
hunger strike. The inspectors noted the absence of evident injuries on their
bodies, but ordered a medical examination. The DPP studied the results of the
medical examinations, interviewed the accused warders and decided, on
23 June 1994, to close the cases in view of the spurious nature of the
allegations and the fact that the persons concerned had not begun a hunger
strike. Pursuant to an appeal by their lawyer, the Office of the Assistant
Attorney-General for Human Rights reinvestigated the case and endorsed the DPP
decision.
134. In the following cases of alleged ill-treatment at various police
stations, the Government replied that all the legal procedures had been
followed and the complaints had been received and investigated by the DPP,
which had instituted criminal proceedings against some of the culprits and
referred others to disciplinary tribunals, depending on the nature and the
E/CN. 4/1997/7/Add. 1
page 29
gravity of their acts: Magdi Shadhili Abdul Rahman, Khalid Saqr Ibrahim,
Muhammad Magdi Ibrahim, Sami Lutfi Abul Magd, Muhammad Muhammad Abdul Rahman,
Muhammad Mubarak Muwafi and Gamal Mubarak Muwafi, Imam Muhammad Imam,
Ahmad Ismail Ahmad, Midhat Ali Zahra, Abdul Latif Muhammad Basha,
Muhammad Farouq Ali Nawfal and Izzat Isamail. No details were given regarding
which measures were taken in respect of which case.
135. With respect to the 51 persons arrested at the village of Zayida, Ousim,
Giza on 5 December 1993 (names omitted), many of whom were allegedly subjected
to torture at Ousim police station, the Government replied that complaints had
been filed, including one by the local people's council of the village of
Barajil. The investigation was being completed by the Office of the Assistant
Attorney-General for Human Rights, which had referred some of the complainants
for medical examination and had heard the statements of witnesses and alleged
victims.
136. In the case of Adil Gawdat Hussein, who was allegedly ill-treated at
El-Teiben police station on 2 March 1994, the Government replied that the DPP
had questioned the officer and witnesses, ordered a forensic examination and
closed the case in view of the inadequacy of the evidence.
137. As for Adil al-Sayyid Abul Hadi and Fatima al-Sayyid Abdul Hadi, who had
allegedly been ill-treated by two officers from El-Sharabia police station on
25 June 1994, no evidence had been found of any security measure taken against
them.
138. With respect to Abdul Moneim Muhammad Sayyid Ahmad, Imam Abdul Moneim,
Muna Muhammad Gad, Ahmad Abdul Moneim Muhammad and Zain Ahmad Sabir, who were
allegedly subjected to torture by officers from Manshiet Nasr police station
between 14 and 24 July 1994, the Government indicated that the DPP was
conducting an investigation and hearing the statements of victims and
witnesses at the request of the Office of the Attorney-General.
139. In the case of Adil Muhammad Ibrahim, who was allegedly subjected to
torture or ill-treatment by officers of the May-Helwan police station, the
Government stated that he had assaulted the arresting officer and had
deliberately injured himself to be able to claim that he was tortured. The
Office of the Assistant Attorney-General for Human Rights decided on
26 January 1995 that the institution of criminal proceedings was unwarranted
in view of the inadequacy of the evidence.
140. With respect to Amre Muhammad Safwat, who was allegedly tortured at
Am Shams police station and at SSI premises in October 1993 and subsequently
died in hospital, the Government replied that the DPP had investigated a
complaint against the superintendent of Am Shams police station, the deputy
head of the Criminal Investigations Department and a hospital director and had
concluded that suspicion of death through criminal conspiracy could be
excluded, although administrative sanctions should be imposed on the accused
persons for having violated instructions concerning confinements in hospitals.
The Assistant Attorney-General for Human Rights had ruled inadmissible an
appeal against this decision and the file had been sent to the administrative
authorities to impose the requisite administrative sanctions.
E/CN. 4/1997/7/Add. 1
page 30
141. In the case of Abdul Mageed Khalifa, who allegedly died as a result of
torture at al-Wasta police station in May 1994, the DPP had decided that a
complaint by his family alleging that he had died as a result of a criminal
act of torture was inadmissible. The family appealed to the Attorney-General
and the DPP reinvestigated the matter and upheld the earlier decision to close
the case.
142. With respect to Fath ul-Bab Abdul Moneim Sha'lan, who was allegedly
beaten to death, and his son, laser Fath ul-Bab Abdull Moneim Sha'lan, who was
allegedly tortured at Helwan police station in August 1994, the DPP had
referred the case to the Southern Cairo Criminal Court, where it was being
heard.
Urgent appeals
143. On 22 August 1996 the Special Rapporteur made an urgent appeal on behalf
of Sayyid ‘Abbas Sayyid, Taha Mansour, Sa'id Taghour, Hisham Mohammad ‘Abdu
and ‘Abd al-Hamid Mahmoud Qutb Khalil, who were among 43 suspected members of
Talai' al-Fatah (the Vanguard of the Conquest) reportedly arrested in early
July 1996 in Cairo and other governorates under accusation of “possession of
large quantities of dynamite and preparing to overthrow the regime”. They
were allegedly being subjected to torture at the headquarters of the SSI. A
sixth person, identified as Ahmad Mohammad ‘Abd al-'Adhim Higazi, was reported
to have died the preceeding week at SSI headquarters as a result of torture.
El Salvador
144. By letter dated 10 October 1996, the Special Rapporteur transmitted the
following cases to the Government: Carlos Ulises Bonilla, arrested on
2 November 1995 by the Civil National Police of the canton of Pavana,
jurisdiction of San Alejo, La Uniôn, accused of ill-treating his concubine;
the police had reportedly tied him to a tree and beaten him repeatedly,
producing a rupture in the small intestine. Hector José VIsquez Orantes and
Edgardo Armando Alvarado Mejia, arrested on 21 January 1996 for drunkenness by
the Civil National Police in the municipality of Tepecoyo, La Libertad, were
reportedly taken to police premises and violently beaten, as a result of which
Mr. VIsquez Orantes had had to be operated for intestinal injuries.
Equatorial Guinea
145. By letter dated 12 July 1996, the Special Rapporteur transmitted the
following cases to the Government.
146. Jorge Ondo Esono and Antonio Abogo, members of the Convergencia para la
Democracia Social (CPDS) party, were arrested by the police on
19 November 1994 in Akonibe, south-east of the Rio Muni, as they were going to
their party congress in Bata. While they were detained, they were reportedly
subjected to sessions of 50 blows with rubber truncheons, morning and
afternoon.
E/CN. 4/1997/7/Add. 1
page 31
147. Indalecio Abuy was arrested on 15 April 1995 by security officers, who
transferred him to a military base situated five kilometres away from Bata.
During the two days he remained there, he was reportedly severely beaten with
a high-voltage cable.
148. Norberto “Tito” Mba Nze, Mariano Nsogo and Baltasar Nsogo Ntutumu, CPDS
members, and Pascual Nsomo Mba, member of the Partido del Progreso (PP) , were
arrested in Akonibe on 10 April 1995. After being transferred to the Akonibe
police station, they were allegedly severely beaten, including on the soles of
their feet.
149. Jesus Marcial Mba was arrested in November 1995 in the neighbourhood of
Los Angeles de Malabo and severely beaten. As a result of the beatings, he
had to be hospitalized, where he was diagnosed as suffering permanent injuries
to his spine and a fracture of the left arm.
150. Feliciano Boko Befla was arrested in December 1995 in Baney,
some 25 kilometres from Malabo, by police officers who accused him of
complicity in a robbery. While he was detained, he was reportedly severely
struck on the chest with a rifle, causing the fracture of several ribs. One
of his fingers was allegedly torn out with pincers, as a result of which he
developed septicemia. He died soon afterwards.
151. It was also reported that in February 1995 several PP leaders and
several dozen soldiers were arrested in Malabo and Rio Muni, accused of a plot
to overthrow the Government. Those arrested included Agapito Ona,
Norberto Nculo, Lieutenant-Colonel Pedro Esono Masié, Leoncio MikI, director
of the Bata Military Academy and Pedro Massa Mba. Before being transferred to
Malabo for trial, they were said to have been kept in premises of the
Presidential Palace in Bata. They were also reportedly kept undressed, some
for a month, in closets measuring 70 x 50 cms, almost without food. At night
they were taken to the wood, where they were hung up and beaten, with their
feet and hands tied, under pressure to sign confessions.
152. The Special Rapporteur sent the Government two urgent appeals. The
first, transmitted on 25 March 1996, on behalf of Amancio Gabriel Nse,
regional CPDS leader, who had allegedly been arrested on 18 March 1996 in
Niefang, Centro-Sur province, Rio Muni. The second, transmitted on
24 May 1996, on behalf of Francisca Nzang Ebasi, wife of the Mayor of Nkimi,
Centro-Sur province, who had reportedly been arrested with her newly-born son
and taken to police premises in Niefang. On 28 May the Government reported
that at no time had Francisca Nzang been detained.
Ethiopia
Urgent appeals
153. A number of persons were reportedly being held incommunicado since
mid-February 1996 in connection with alleged support for the Oromo Liberation
Front (OLF) , including Olana Bati, a 75-year-old Oromo elder, arrested in
Nekemte on 28 February 1996, who was said to be detained for the seventh time
since 1992. Other persons reported to be detained were Asrat Buli,
E/CN. 4/1997/7/Add. 1
page 32
Baharsity Obsa (female) , Shabbe Sheko (female) , Dalu Bekule and Abdella Ahmed
Tesso. Another detainee, Challa Kebebe, was allegedly tortured to death.
(2 May 1996)
154. Zegeye Asfaw, a former Minister of Agriculture and head of the
non-governmental organization Hundee (Root) , was reportedly arrested in
Chancho on 9 June 1996, suspected of involvement with the OLF, and was being
held without charge at Chancho police station. On 24 June 1996 the Government
replied that Zegeye Asfaw had not at any time been arrested or detained by the
police. He had gone to Chancho, but had stayed overnight in a hotel and then
returned to Addis Ababa. (13 June 1996)
155. The following members or former members of Parliament from Region S
(Somalia) were reportedly being held incommunicado: Sheikh Abdinasir Ada,
Nur Gooni Khalif, Khadar Moallin Ali, Ali Bashe Sheikh Abdi, Riyaale Haamud
Ahmed, Ahmed Makaahiil Hussein, Ibrahim Adan Mahamud ‘Dolal', Jthdirashid Ahmed
Khalif, Mohammed Abdi Nur, Mohammed Sheikh Hassan, Mohammed Sheikh Abdi Ahmed,
and Hanood Banday. The detainees were said to be held in Jijiga, except for
Ibrahim Adan Mahamud ‘Dolal', who had been transferred to Addis Ababa.
(20 September 1996)
156. The Special Rapporteur made an urgent appeal in conjunction with the
Special Rapporteur on extrajudicial, summary or arbitrary executions on behalf
of a large number of persons detained in Hararge province on suspicion of
supporting the OLF. The detainees included those held in what were alleged to
be 23 secret detention centres in Deder district, as well as some 300 persons
held at Harrar central prison. The Special Rapporteurs transmitted the names
of 14 persons who had allegedly been summarily killed while in detention in
Deder district. Others were allegedly being subjected to torture.
(8 November 1996)
France
157. On 8 August 1996, the Special Rapporteur informed the Government that he
had received information according to which several members of the Executive
Secretariat of the Trade Union Confederation A Ti'a I Mua in Papeete, Tahiti,
French Polynesia, were allegedly ill-treated by mobile guards on 9 and
10 September 1995 in Papeete. The victims were said to have been arrested at
the headquarters of the Trade Union Confederation as they were preparing a
press conference. The authorities supposedly held the union responsible for a
riot which had occurred on the island on 6 September, after the resumption of
nuclear tests.
158. According to reports, a detachment of mobile guards burst into the
premises and ordered the trade unionists to line up facing the wall. Although
the unionists obeyed without resistance, some reportedly had a gun pointed at
them, while others were shoved to the ground or against the board, receiving
blows and even electric shocks. Then, handcuffed two-by-two, they were said
to have been thrown haphazardly into a truck and taken first to the
gendarmerie station of the avenue Bruat, then to a former barracks known as
the quartier Broche, where they were held in police custody. During the whole
time the custody lasted, which for some of the detainees was alleged to be
34 hours, they allegedly had nothing to eat or drink and had been prevented
E/CN. 4/1997/7/Add. 1
page 33
from sleeping (with unexpected noises, howling, very loud music and TV, kicks
and truncheon blows and being showered with insecticide) . Attention was drawn
in particular to the cases of Hirohiti Tefaarere, Jean-Michel Garrigues,
Bruno Tetaria and Henri Temaititahio.
159. The Special Rapporteur also received information concerning the case of
Sid Ahmed Amiri, of French and Algerian nationality, who was reportedly
arrested in Marseille on 11 August 1995 by three guards of the Unite de
surveillance des transports en commun (USTC) and severely beaten with
truncheons. According to the report, a police patrol had taken him to
hospital, where he had been treated for a broken nose and injuries to the legs
and shoulders. The three guards were said to have been arrested in the course
of the ensuing inquiry.
Information received from the Government concerning the cases dealt with in
earlier reports
160. On 14 March 1996, the Government sent information concerning the
following cases, transmitted by the Special Rapporteur on 11 November 1994.
161. Jean Fuchs and Didier Loroche were said to have been wounded by
policemen during a demonstration held in Bordeaux in March 1994. According to
the Government, a police officer was held for questioning on 20 March 1995
accused of violence not leading to total work incapacity exceeding eight days.
The disciplinary inquiry was awaiting the court decision.
162. Pierre Congo was allegedly struck by a policeman at the Gare du Nord in
Paris on 15 February 1994. According to the Government, the police inquiries
conducted by the Prosecutor's Office and by the General Inspectorate of the
National Police were filed.
163. Tameem Taqu was allegedly struck by policemen on 29 June 1993 in Paris.
According to the Government, three police officers were questioned and
suspended from duty, pending the conclusion of the inquiry. In addition, the
State and one police officer were sentenced to pay compensation.
164. Abdelkader Slimani, 16 years old, was allegedly struck by two policemen
on 16 May 1994 in a neighbourhood of Paris. According to the Government,
examination proceedings were opened for acts of violence by persons in a
position of public authority having led to more than eight days total work
incapacity. The General Inspectorate of the National Police is also
conducting an inquiry.
165. Rachid Harfouche was reportedly struck by policemen on 10 December 1993
at his building in Noisy-le-Sec. According to the Government, the case is
being investigated by the Court of Major Jurisdiction of Bobigny. The inquiry
conducted by the General Service Inspectorate did not find that any faults had
been committed by the three police officers concerned.
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166. David Creygolles was allegedly submitted to ill-treatment
on 10 February 1993 in Carcassone by members of the judicial police. The
Government replied that this case was unknown to the competent services of the
Ministry of the Interior. An investigation was being held by the judicial
court.
167. Benoit Fustier was allegedly struck on 20 January 1994 in a police
station in Bastia and reportedly had to be transferred to hospital. The
Government replied that the case was not known to the competent services of
the Ministry of the Interior. An investigation was being held by the judicial
court.
Germany
168. By letter dated 6 May 1996 the Special Rapporteur transmitted the
individual cases summarized below, to which the Government replied on
13 August 1996. The allegations and replies are summarized. Ali Abdulla
Iraki and his brother Taha Iraki, German citizens of Lebanese descent, were
reportedly beaten severely with batons by two police officers on 4 June 1994
in the Kreuzberg district of Berlin. The officers believed that they were
breaking into a car that in fact belonged to Taha Iraki. Hospital medical
reports indicated that Ali Abdulla Iraki sustained a fractured wrist, bruises
and abrasions, while Taha Iraki suffered abrasions and cuts on his left
shoulder, bruises on his back and grazed his left elbow. The Government
replied that the Iraki brothers had sustained injuries, but the Public
Prosecution Service could not prove with the degree of certainty necessary to
secure a conviction that the accused officers had engaged in punishable
conduct. The officers maintained that the degree of force used was necessary
to overcome the resistance of the Iraki brothers and these claims could not be
disproved by the contradictory statements of the alleged victims or by
accounts supplied by their witnesses. On 1 December 1995 the Iraki brothers
were indicted for insults, bodily harm and obstructing enforcement in
connection with the above-described incident. Taha Iraki was acquitted of the
charges and the proceedings against Ali Iraki were ongoing.
169. Binyamin Safak was told to move his car by two officers in Frankfurt
on 10 April 1995. After he objected to one officer's use of a racial epithet,
he was arrested. At the police station he was allegedly kicked, punched in
the face, chest, head and arms and thrown by his hair head first against a
wall while his hands were cuffed behind his back, as a result of which he was
hospitalized for one week. A medical certificate revealed a two-centimetre
cut to his lip requiring stitches, bruises on his chest, a bruised and swollen
chin, bruises and abrasions on his temple and forehead, a swollen right wrist
and right knee, a cracked rib and a depressed fracture of the cheekbone. The
Government stated that the Public Prosecutor's office attached to Frankfurt am
Main Regional Court was carrying out an investigation into the case.
170. Azad Kahn Fegir Ahmad, Noorol Hak Hakimi and Mohammed Nabie Schafie,
Afghan asylum-seekers, were allegedly beaten severely by some 12 police
officers wearing masks and black suits, who had stormed their residential
accommodations on 6 June 1995 in Leipzig, Saxony. They had reportedly been
mistakenly targeted by the police. Mohammed Nabie Schafie was hospitalized
for two days and Noorol Hak Hakimi was kept in hospital for 11 days. The
E/CN. 4/1997/7/Add. 1
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Government replied that the officers had stormed the wrong residential
caravan, but had apologized and offered medical treatment to the persons
concerned. The offer of medical treatment had been refused. The Leipzig
Public Prosecution service launched investigations against seven of the
officers, but discontinued the investigation on 1 April 1996, as there was
insufficient evidence that a crime had been committed. An appeal had been
lodged. Proceedings regarding possible disciplinary measures against the
officers had yet to be concluded. The police had held “mediation and
clarification” discussions with the injured parties in Leipzig in July 1995.
171. Hidayet Secil, a Turkish national residing in Germany since 1969, was
allegedly beaten severely by police officers at his apartment in Gbppingen,
Baden-Württemberg, on 1 July 1995, after the officers had come in response to
complaints from a neighbour about the noise level. A medical certificate
issued by a hospital noted a broken nose, bruises on the upper lip and upper
jaw, swelling and superficial cuts on the left arm and deep welts on the back.
The Government replied that Hidayet Secil had refused to come out of the
bathroom. When the officers tried to pull him out he struck out at them with
his fists and feet. Three officers were injured in the dispute. The baton
was needed after Hidayet Secil pushed an officer against the window, breaking
the glass. The officers' use of physical force was justified by self-defence
and a duty to provide assistance. An investigation into the case against the
seven officers was discontinued by the Ulm Public Prosecutors Office, as there
was insufficient evidence that an offence had been committed. An appeal was
rejected by the Stuttgart Public Prosecutor General. An investigation was in
progress into a case against Hidayet Secil for resisting law enforcement
officers and causing bodily injury.
Greece
172. By letter dated 10 June 1996 the Special Rapporteur advised the
Government that he had received information indicating that Nikos Gogos,
detained for drug possession on 21 October 1995 in Thessaloniki, was beaten by
officers of the Anti-Drug Squad. He was said to have sustained severe
bruising to his face, back and legs as a result of the ill-treatment. On
30 August 1996 the Government replied that no such person had ever been
detained or interrogated in the Security Division of Thessaloniki for breach
of the “law on drugs”.
173. The Special Rapporteur also informed the Government of a report he had
received on the alleged beating with truncheons of demonstrators protesting
the imprisonment of an anarchist activist in Thessaloniki on 14 November 1995.
Paris Sophos, Ilias Hatziiliadis, Giannis Anagnostou and Sophia Kyritsi
(aged 17) were reportedly arrested and allegedly ill-treated during their
arrest and subsequent transfer to the Security Police buildings. Paris Sophos
reportedly received multiple bruises and a slight head wound requiring
stitches which, according to a medical report, were caused by a “blunt object
designed to smash”. Ilias Hatziiliadis reportedly was wounded on the head.
Sophi Kyriusti underwent a neurological examination prompted by symptoms of
internal head injuries including nausea, dizziness, headaches, traumatic
amnesia, diplopia and loss of muscle strength in the upper extremities. In
its reply of 30 August 1996 the Government stated that the Public Prosecutor
had deemed necessary the preventive inspection of 100 anarchist demonstrators,
E/CN. 4/1997/7/Add. 1
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as some of them were carrying bags which could have contained weapons. The
demonstrators violently attempted to prevent the inspection and, as a result
of an ensuing minor clash, the aforementioned were arrested. Forensic
examination revealed that they had received minor injuries, but the injuries
were sustained while they had resisted lawful arrest and not from torture or
ill-treatment. Nine police officers had also been slightly injured. The
detainees were convicted by the First Three-Member Magistrate Court of
Thessaloniki on various charges, including sedition. A preliminary
examination was pending into oral complaints lodged by loannis Anagnostou and
Elias Hatziliadis for having been injured. The findings of an administrative
examination failed to establish any disciplinary or other responsibilities on
the part of the General Police Division of Thessaloniki and the case had been
filed.
Guatemala
174. By letter dated 11 July 1996, the Special Rapporteur informed the
Government that it had received information concerning the following cases of
torture which had allegedly occurred in the country, to some of which the
Government replied in October 1996.
175. Obed Valladares Reyna, Secretary-General of the General Workers' Union
of the Malaria Division of the Ministry of Health, was abducted in
Guatemala City on 26 September and 31 October 1994 by unknown individuals
suspected of belonging to security forces, who beat him severely and warned
him to leave the country. In the second incident, he allegedly had several
ribs broken. The Government reported that the person concerned had not lodged
any complaint, so that no legal proceedings had been opened against anyone.
176. Gerson Ricardo Lôpez Orantes, journalist and university student, was
abducted on 28 March 1995 by individuals suspected of belonging to security
forces. Twenty-four hours later, he was found in the neighbourhood of the
town of San Cristôbal, zone 8 of Mixco, department of Guatemala, suffering
from the effects of some type of drug, with cigarette burns on his chest and
bruises on his face, legs and arms. The kidnappers had warned him to stop his
journalistic activities and to leave the country. The Government reported
that the competent bodies had not received any official notification, so that
no proceedings had been started since the person concerned had taken no
action.
177. Flor de Maria Salguero, leader of the Federaciôn Sindical de
Trabajadores de la Alimentaciôn Agro-Industrias y Similares, was said to have
received anonymous threats in the early months of 1995. On 17 May 1995, two
men suspected of belonging to security forces made her leave a bus on which
she was travelling in the area of Mixco in Guatemala City, forcing her to
drink a substance which left her semi-unconscious and leading her blindfolded
to an enclosed place, where she was allegedly threatened, beaten and raped
three times. The Government reported that there was no certainty, even on the
part of the victim that those responsible for those acts were members of the
security forces and that there was some evidence that it was a private problem
and not an act attributable to the State.
E/CN. 4/1997/7/Add. 1
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178. Sonia Esmeralda Gômez Guevara, 16 years of age, was walking with a
friend in Street 18, zone 1 of Guatemala City, on S April 1996, when three
officers of the national police came up to them and said they would arrest
them for being street children. When they arrived at the crossroads of
Avenue 12 with Street 23 in zone 1, they were taken to a secluded place, where
one of the policemen raped Sonia Esmeralda Gômez. The Government reported
that the six officers who had been on surveillance duty in the sector on the
day of the events had been identified, and had denied any participation in the
events. As the minors had not been located, it had not been possible to
organize personal identification of the authors. The investigation was still
continuing.
179. Lucina CIrdenas Ramirez, of Mexican nationality, a former official of
the International Labour Organization, was abducted at the end of
November 1995 by individuals who intercepted her car in the locality of
San Martin Sacatepéquez, Quetzaltenango. Five days later, her dead body
was reportedly found, showing multiple bruising and cigarette burns. In
March 1996, a member of the armed forces was allegedly accused of
being involved in the events. (The Special Rapporteur on extrajudicial,
summary or arbitrary executions transmitted this case to the Government
on 4 June 1996.) The Government reported that two persons were under
investigation as the main suspects in the case and that the Prosecutor's
Office was completing its investigation proceedings to bring them to trial.
180. Otto Leonel Hernmndez was abducted on 21 June 1996 in Quetzaltenango by
individuals suspected of belonging to security forces. Five days later, he
was released, with his back covered with more than 20 cigarette burns and
severely beaten. Otto Leonel Hernmndez is a main witness in the murder of
Lucina CIrdenas Ramirez. The Government reported that there was no evidence
that the perpetrators of the acts were members of the security forces, and
that the investigation by the Prosecutor's Office was following its course.
Urgent appeals
181. On 25 March 1996, the Special Rapporteur, in conjunction with the
Special Rapporteur on extrajudicial, summary or arbitrary executions,
transmitted an urgent appeal on behalf of Vilma Cristina Gonzalez, who was
allegedly abducted on two occasions and subjected to various forms of torture.
The Government reported that the Human Rights Unit of the Prosecutor's
Office had not received any complaint concerning that case. The Criminal
Investigations Unit of the National Police said they had interviewed persons
who had helped Mrs. Gonzalez after her release and who had stated that she had
appeared at their home and very calmly had requested the use of a telephone.
She did not show any visible signs of injuries and only later suffered an
attack of hysteria, on which occasion she probably inflicted the scratches
which appeared on her own arms and chest.
Republic of Guinea
182. On 20 February 1996, the Special Rapporteur sent an urgent appeal to the
Government on behalf of Commander Kader Doumbouya, chief of the independent
parachute battalion; Artillery Commander Yaya Sow and Commander Almany
Seny Diallo, director of military factories. According to reports received,
E/CN. 4/1997/7/Add. 1
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these officers were arrested in Conakry on S February 1996 following the
attempted coup on the previous day, and were held in solitary confinement at
Famosy Camp. Their families had received no official notification concerning
their fate. Some 20 other members of the armed forces who had been arrested
were in the same situation. On 21 March 1996, the Government informed the
Special Rapporteur that the three officers concerned had headed a mutiny to
overthrow the legally instituted Government, which had caused several dozen
deaths. It also stated that it would strictly observe the legal mechanisms
applicable to all forms of behaviour and deliberate acts committed
in violation of the laws and regulations of civilized nations.
Honduras
183. On 8 January 1996, the Special Rapporteur communicated to the Government
that he had received information concerning the following minors: José Ismael
Ulloa Flores, Ebert Rolando Boquin Zarabia, Ramôn Jthtonio Hernmndez Berillos,
Edwin Zepeda, Juan Benito Hernmndez Berillos, Rafael Martinez, Osman Antonio
CIceres Mufloz and Arnoldo Roque Rodriguez. These were part of a group of
approximately 12 minors jailed in the penal farm for adults of Comayagua, who
had allegedly been tortured during the month of November 1995. The torture
was said to have consisted in handcuffing them and suspending them by the
handcuffs without their feet touching the ground. In addition, they were
reported to have been beaten. On 30 September 1996, the Government reported
that criminal proceedings had been initiated against the director of the penal
farm. The indictment had subsequently been extended to the guards who had
taken part in the acts of aggression, and it was expected that the court would
order the detention of the accused.
184. Another two cases of minors were communicated to the Government
on 11 July 1996. Martha Maria Saire, 11 years old, residing in the Centro de
Orientaciôn de Menores of TImara in Francisco Morazmn, was allegedly raped
on 9 April 1994 by several soldiers of the military battalion of TImara
responsible for guarding the perimeter of the establishment. On
30 September 1996, the Government reported that two members of the
establishment's guard had been detained in the Central Penitentiary, and
that the case was being brought to trial.
185. Mario René Enamorado Lara, 16 years of age, residing in a home of the
Casa Alianza in Tegucigalpa, was arrested on 10 July 1994 by members of the
first police battalion, who accused him of having stolen a watch. He was
allegedly taken to the police station and severely beaten by the police
officers themselves and by adult detainees with whom he had been placed.
After his release, he was reportedly examined by a physician, who was said to
have confirmed the signs of ill-treatment. On 30 September 1996, the
Government reported that, in the light of the proceedings ordered by the
Special Procurator's Office for Minors, it had been found, mainly by an
appropriate medical examination, that while slight external signs caused by
the minor's exertions on resisting arrest by the police were observed, these
did not amount to an offence, nor gave rise to any temporary incapacity, nor
represented any danger for the physical integrity of the minor.
E/CN. 4/1997/7/Add. 1
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186. Lastly, on 29 October 1996, the Special Rapporteur communicated to the
Government that he had received information regarding the treatment allegedly
inflicted on the following minors detained at the prison of San Pedro Sula.
187. Jthdrés Portillo Flores, 17 years of age, was reported to have been in
the prison since May 1995. Soon after his arrival, he was said to have been
raped by two adult prisoners, and subjected to constant sexual abuse for
approximately one year. Although he had reportedly informed the prison
authorities, the latter apparently took no action. In May 1996, another adult
prisoner had allegedly wounded Andrés Portillo with a knife in cell No. 3. In
addition, Andrés Portillo had reportedly been ill with dengue and had not
received any medical treatment.
188. José Danilo Arriaga Quintanilla, 17 years of age, arrived at the prison
in February 1996. A few weeks later, he tried to escape without success, as a
result of which he was allegedly beaten by the prison director and several
guards for approximately three hours. After that, he was reportedly suspended
from a railing by handcuffs and in that position was said to have been beaten
on the feet with a truncheon. While he was still in the same position, they
allegedly introduced the extremity of a hose in his mouth and poured water
through it. They then reportedly left him hanging for approximately half an
hour. Despite the fact that he had experienced pains since those events had
taken place, he had reportedly received no treatment, nor had been examined by
a physician.
Hungary
189. On 10 June 1996 the Special Rapporteur transmitted the case of
Martocean Tiberiu, a Romanian national, who was reportedly beaten all over his
body by three police officers in an underground station in Moszkva Tér,
Budapest, on 6 July 1995. He was treated at hospital for concussion, a broken
rib and contusions on his right leg. The Government replied on 28 August 1996
that the Disciplinary Subdivision of Budapest Police Headquarters had
forwarded a complaint filed by Martocean Tiberiu to the Public Prosecutor's
Investigation Office for investigation. The Hungarian authorities had asked
for the cooperation of their Romanian counterparts by sending to Romania
photographs of possible perpetrators for identification by Martocean Tiberiu.
190. GIbor Fehér was allegedly beaten by three police officers following
a traffic accident involving an off-duty police officer in Marcali on
15 July 1995. He received hospital treatment for concussion and bruises on
his hands, feet and chest. He filed a complaint with the local prosecutor.
According to the Government, GIbor Fehér had assaulted the off-duty officer
after the officer had crashed into GIbor Fehér's car. When three other
officers arrived, GIbor Fehér kicked two of them in the abdomen. The Public
Prosecutor's office had terminated the proceedings initiated by GIbor Fehér
for alleged ill-treatment. The Prosecutor brought an indictment against
GIbor Fehér for “violence against the authorities” and the case was before the
court. The officer investigating the case determined that the police measures
were lawful but unprofessional and that other coercive measure would have
avoided “violence against the authorities”.
E/CN. 4/1997/7/Add. 1
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191. Marius Carniciu, a Romanian national, and Gianfranco Polidori, an
Italian national, were stopped by two police officers while driving in
Budapest on 11 September 1995. Marius Carniciu refused to pay a fine for not
using his seat belt and took back his passport from the officers, as a result
of which he was allegedly punched, kicked, handcuffed and subjected to
ethnic slurs. Gianfranco Polidori was allegedly punched and slapped.
Marius Carniciu received a medical certificate describing multiple lesions
and bruises on his body. The Government replied that physical force had
been used against Carniciu Marius Laurentu after he took back his passport
from the police officers before the end of the police control procedure.
Gianfranco Polidori was detained because he was not in possession of identity
papers. Marius Carniciu Laurentu filed a complaint against a police officer
for ill-treatment and taking his property. The commanding officer
investigating the case qualified the use of coercive measures by the police as
lawful and professional. The Public Prosecutor's Investigation Office of
Budapest initiated proceedings for ill-treatment and other crimes, but
terminated the proceedings under article 139(1/B) of the Act on Criminal
Procedure.
Urgent appeals
192. The Special Rapporteur made an urgent appeal on 15 March 1996
on behalf of the following Somalian asylum-seekers: Ahmed Hashi Weheliye
(age 16) , Amina Mohiadin Adow (female, age 14) , Sofiya Ahmad Ali (female,
age 18) and Hudan Mahmoud Samatar (female, age 17) . They were being detained
at the international airport in Budapest and faced deportation to the
Syrian Arab Republic, a country through which they had travelled en route
to Europe. It was alleged that other asylum-seekers returned to the
Syrian Arab Republic had been detained and subjected to torture or
ill-treatment and fears had been expressed that these persons could be
subjected to similar abuse.
India
193. By letter dated 16 September 1996 the Special Rapporteur transmitted six
individual cases to the Government. On 7 October 1996 the Government replied
to some of these cases. The allegations and replies are summarized below.
194. Mohammad Amin Shah was allegedly struck on the back and heels with an
iron belt while face down with his hands tied and legs pulled apart at the
Border Security Forces (BSF) camp at Karan Nagar, Srinagar, following his
arrest on 29 January 1995. Thereafter he was allegedly tied to a post and
beaten on the soles of his feet. He was also reportedly made to drink a large
quantity of water, after which officers sat on his inflated belly, causing him
to vomit. Electric shocks were also said to have been applied to his arms and
feet. He was allegedly tortured further at Shergarhi police station and
forced to sleep on a cold cement floor, which caused his feet and legs to
swell. He was reportedly denied medical treatment and both feet had to be
amputated as a result of gangrene after his release. The Government replied
that Mohammad Amin Shah, an activist of the Jehad Force militant outfit, was
already suffering from slight frostbite in the toes of both feet at the time
E/CN. 4/1997/7/Add. 1
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of his arrest and, in view of his ailment, was released after questioning. No
torture had been inflicted upon him during questioning, but it was likely that
he had been tortured by a rival group pressuring him to join their ranks.
195. Feroz Ahmed, reportedly arrested by the BSF on 29 November 1995 and
tortured in custody, was hospitalized on 12 December 1995 with a gangrenous
broken leg, acute renal failure, infected blood and multiple contusions.
Although the leg had been broken for 14 days, he reportedly received no
medical attention. He remained in the custody of the BSF, without access to
his lawyer or family, despite the order of the High Court that the family be
permitted visits. The Government replied that Feroz Ahmed Ganai, chief of the
Jamiat-ul-Mujahideen group, had fractured his left leg jumping a wall to
escape from custody. It was set in the BSF hospital, but complications
developed. He was moved to the Bone and Joint Hospital, where the leg was
amputated.
196. Navjot Singh, alias Dunnu, reportedly detained on 17 September 1995 in
Mohali, was allegedly tortured in custody, including by means of electric
shocks to sensitive organs. Although on 19 September 1995 the magistrate
requested that he be placed in judicial remand, the Central Bureau of
Investigation (CBI), without the permission of the magistrate, reportedly
transferred him to Delhi, where he was allegedly ill-treated again.
197. Ramakrishna Reddy and a co-worker identified as Mr. Srirmulu were
reportedly detained in Madanpalla, Chitoor district, Andra Pradesh, on
4 April 1996, after two home-made bombs were discovered in their lockers.
They were allegedly beaten in the factory by two subinspectors before being
taken to the Taluk police station, where they were allegedly kicked and beaten
with lathis (wooden poles) and rifle butts. Ramakrishna Reddy died the same
evening. An inquest by the Revenue Divisional Officer reportedly concluded
that the death had resulted from torture. The Government of the State of
Andra Pradesh paid his widow Rs 100 in compensation for the death and the
Chief Minister reportedly delivered a written apology to her. The Government
replied that a post-mortem had been conducted, but the final opinion on the
cause of death was still pending. The magisterial inquiry was still in
progress.
198. Jagjit Singh Chohan, an Indian national from Punjab and 17-year resident
of the United Kingdom, disembarked in Delhi for medical treatment from his
flight from the United Kingdom to Thailand. In Delhi, as he was to be taken
to the ambulance, some 20 police personnel allegedly beat him with fists,
slaps, kicks and a leather belt. They also allegedly dragged him along the
concrete floor, twisted his ankles and squeezed his testicles. He was
subsequently returned to London via Bangkok. A doctor examining him upon his
return diagnosed multiple injuries and concluded that they were consistent
with his account of ill-treatment. The ill-treatment had apparently occurred
because of his prior political activities, for which he had been prohibited
from entering India.
199. The Special Rapporteur also transmitted to the Government a summary of
comments he had received from the source of the information with respect to
the previously transmitted cases of Massom Ali, Kuldip Singh, Abdul Kareem,
Amarjit Singh, Satish Kumar, Mantosh Karmakar, Muniyandi, Safiq Rehman,
E/CN. 4/1997/7/Add. 1
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Suresh, Hasan Bundu, Rajesh Singhal, Shankerlal Soni, Manoj Kumar,
Purushottam Kumar, Han Biswakarma, Romancel Deep, Sobejan Bibi, Dulai Ghorai,
Fayaz Ahmad Magloo and Raju Bhujel. With respect to a number of these cases,
the source expressed concern that little progress seemed to have been made in
investigations or judicial proceedings despite the substantial periods of time
that had elapsed since the alleged incidents of torture.
Information received from the Government on cases included in previous reports
200. On 7 October 1996, the Government transmitted the replies summarized
below.
201. On 10 October 1994, the Special Rapporteur transmitted the case of
Ganesh Bauri, who had died after allegedly being tortured in West Bengal on
5 July 1993 (see E/CN.4/1995/34, para. 356) . The Government replied that the
medical officer who examined Ganesh Bauri found no external marks of injury,
but did find him to be suffering from internal injuries. He was given
emergency treatment in jail. His death was due to either physical stress,
prolonged fasting or reasons associated with his disease. The post-mortem had
not found any evidence of torture.
202. On 11 April 1995 the Special Rapporteur transmitted the case of
Ghulam Mohammad Dar, who had allegedly been tortured at an army camp in
Khannabal on 26 April 1994 (see E/CN.4/1996/35/Add. 1, para. 252) . The
Government replied that an inquiry by the superintendent of Pulwama Police
district revealed that no case had been registered in regard to the police
station concerned and that there was no material evidence to establish the
guilt of army personnel. The army had not conducted any cordon or search
operation at the date and place in question.
203. On 11 April 1995 the Special Rapporteur transmitted the case of
Ghulam Nabbi Sheikh, who was allegedly tortured on 10 May 1994 by security
forces in Bugdam district, Jammu and Kashmir (see E/CN.4/1996/35/Add.1,
para. 253) . The Government replied that no complaint or report had been
lodged by the victim or his relatives at the police station concerned and
further inquiries had failed to substantiate the allegations.
204. On 22 September 1995 the Special Rapporteur transmitted the case of
Nanak Chand, who was allegedly tortured and subsequently died at a police
station in Palwal Haryana (E/CN.4/1996/35/Add. 1, para. 274). The Government
replied that Nanak Chand had committed suicide in a police lock-up. An
autopsy revealed no injuries and concluded that death had been caused by
asphyxia due to hanging. The assistant subinspector (ASI) who had illegally
detained him and had extracted a bribe from him was arrested and charged, but
was later acquitted by a special judge, as witnesses had not supported the
prosecution case. The ASI and one constable were dismissed from service for
wrongful confinement and other misconduct and two other constables who were
found not guilty were reinstated after a suspension. The mother and three
minor children of the deceased were paid compensation.
205. On 22 September 1995 the Special Rapporteur transmitted the case of
Babula Das (E/CN.4/1996/35/Add.1, para. 287), who was allegedly tortured and
subsequently died at Khandagiri police station in Orissa. The Government
E/CN. 4/1997/7/Add. 1
page 43
replied that he had sustained external injuries while trying to escape from
the police. At Hajat police station he complained of severe chest pain and
was immediately given medical attention, but he became unconscious and died.
Jth inquiry failed to find any evidence of torture by the police and the post
mortem determined that his death had been due to cardiac failure resulting
from heart disease. There were some external marks on his body, but the
injuries would not have been sufficient to have caused death in the normal
course of events. Two suspended police officers were found innocent, as a
police inquiry had failed to reveal excesses by the police. A payment was
made to the family of the deceased.
206. On 22 September 1995, the Special Rapporteur transmitted the case of
Balwinder Singh, who was allegedly tortured to death at Gurdaspur police
station in Punjab (E/CN.4/1996/35/Add.1, para. 288). The Government replied
that he had never been arrested nor detained at Gurdaspur police station, as
he was not wanted in any case in the district.
Urgent appeals transmitted and replies received
207. On 5 January 1996 the Special Rapporteur transmitted an urgent appeal
on behalf of Syed Sad Uddin Gilani, aged 70, and Syed Jaffer Shah Gilani,
aged 65, the father and uncle respectively of Syed Nazir Gilani, the
representative to the United Nations of the non-governmental organization
World Society of Victimology. They were reportedly arrested on
19 December 1995 and were being held at the interrogation centre for the
Assam Rashtriya Rifles in Jammu and Kashmir, allegedly in connection with the
human rights activities of Syed Nazir Gilani. It was also alleged that
Syed Nazir Gilani's brother, Syed Shabbir Ahmad Gilani, had been tortured in
custody before being released. On 22 January 1996 the Government replied that
Syed Sad Uddin Gilani and Syed Jaffer Shah Gilani had been detained on
suspicion of harbouring militants and having an arms dump in their orchards.
They had been charged and released on bail on 4 January 1996.
208. The Special Rapporteur sent an urgent appeal on 25 March 1996 on behalf
of some 180 Bhutanese people residing in refugee camps in eastern Nepal, who
were arrested in Jalpaiguri district, West Bengal, by Indian police on
19 March 1996. They had been participating in a march through India to Bhutan
to publicize the plight of the Bhutanese people in the refugee camps. During
their arrest, many of the refugees were allegedly kicked and beaten, as a
result of which 10 persons sustained serious injuries, including one who was
left in serious condition. On 11 April 1996 the Government replied that
because it feared a breach of the peace resulting from planned marches, the
administration of Jalapaiguri and Darjeeling districts had promulgated orders
prohibiting all gatherings of over four persons in certain border areas with
effect from 3 January 1996. As the group of 188 Bhutanese refugees had
proceeded towards Jalpaiguru district headquarters, they were arrested. They
resisted arrest, and mild - not excessive - force was used to restrain them.
Any apprehension regarding their ill-treatment in custody was unwarranted.
The detainees were being held in Jalpaiguru jail under judicial custody.
E/CN. 4/1997/7/Add. 1
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Indonesia
209. By letter dated 11 July 1996, the Special Rapporteur transmitted to the
Government a number of cases of alleged torture, to which the Government, in a
letter dated 20 October 1996, provided replies as summarized in the following
paragraphs.
210. Some 150 villagers from West Jakarta were reportedly stopped by military
and police officers in January 1995 while en route to present a claim against
a land appropriation to the Indonesia Administrative Court. Twenty persons
were detained for questioning, 10 of whom were transferred to the military
intelligence unit. One of the detainees, whose identity was withheld for fear
of reprisals, was allegedly slapped, kicked, subjected to electric shocks and
threatened with rape. She was said to have heard the screams of the other
detainees being tortured. The Government replied that no plaintiffs in the
land dispute case nor any of the demonstrators had been taken into custody,
tortured or ill-treated.
211. Sutarjinah, a woman detained at Wirogunan prison, Yogyakarta, was
reportedly struck by a prison guard in March 1994. She was subsequently
transferred to an isolation cell for 24 hours, allegedly without medical
treatment, and was later discovered semi-conscious and vomiting in the cell.
The Government replied that she had been arrested in January 1994 on charges
of embezzlement and had been detained in a cell specifically designed for
women. During her detention she had been visited by her family and a local
lawyer and had not been tortured or ill-treated as alleged.
212. Joäo da Araoujo, reportedly detained on 20 March 1995 in Dili,
East Timor, in connection with demonstrations which had occurred in
November 1994, was allegedly subjected to torture at the premises of the
military intelligence unit, SGI. The torture was said to include severe
beatings, which left him unable to breathe properly. The Government replied
that Joäo de Araujo, a staff member of the provincial government of East Timor
who had prepared the visit of an Australian priest to East Timor in
November 1994, had not been connected to any criminal activities nor to any
other acts that would warrant his arrest.
213. Bobby Xavier was reportedly arrested on 26 December 1994 and detained
at SGI premises in Dili. He was allegedly subjected to electric shocks
through wires attached to his ears, neck, hands and feet, cut on the forehead
with a razor blade and beaten until he lost consciousness. The Government
replied that Bobby Xavier was a member of the armed separatist movement
convicted in connection with a murder in 1992. He could not have been
arrested and tortured on the date alleged, since he was already serving his
term of imprisonment at that time.
214. Valente da Cruz, an ex-Subdistrict head, José Velho, Odengo, Delfim,
Martinho Lima, Joäo da Costa, Domingos da Cruz, Domingos Berquelho and
Almarrindo were reportedly detained by members of the SGI on 10 November 1995
in the village of Leohat, Soibada, Manatuto district. They were allegedly
held in isolation and subjected to beatings, including with iron bars, and
electric shocks. The Government replied that Valente da Cruz and José Velho
had never been detained, tortured or ill-treated and had in fact helped
E/CN. 4/1997/7/Add. 1
page 45
the local authorities prepare for a visit from an Australian priest to
Leohat village. Dlfino Calaste (“Delfim”), Odeno de Jesus (“Odengo”),
Martinho de Lima, Joäo da Costa, Domingos da Cruz, Dominggus Berguhlo and
Armarrindo were arrested on 13 November 1995 at a house owned by a member of
the armed separatist movement. The police did not find enough evidence during
the interrogation to prove that the detainees had owned, used or known about
the weapons found at the house. They were accordingly released. They had not
been tortured or ill-treated during their arrest or interrogation, which a
lawyer had attended.
215. The Special Rapporteur provided the Government with follow-up
information to the urgent appeal he had transmitted on 11 January 1995 on
behalf of José Antonio Belo, who was allegedly beaten in detention in Dili on
9 January 1995. According to the reply of the Government of 16 January 1995,
he had not been beaten or otherwise ill-treated or tortured. A subsequent
report received from the source of the information alleged that José Antonio
Belo was tied up and hung upside down overnight and then beaten with sticks
and wires and subjected to electric shocks and forced to sign statements. He
was reportedly sentenced by the Dili District Court on 8 May to 18 months'
imprisonment after his conviction on charges of “expressing hostility to the
Government” . The Government replied that the challenge of its previous
clarification that José Antonio Belo had not been tortured or ill-treated was
disturbing. An official clarification regarding a detainee, whose well-being
had also been confirmed by the International Committee of the Red Cross
(ICRC) , should be received with greater credibility than an allegation
launched by anti-Indonesian elements residing in Western Europe.
Information received from the Government with respect to cases mentioned in
previous reports
216. In his letter of 11 July 1996 the Special Rapporteur reminded the
Government of allegations he had transmitted on 4 July 1994 and 19 May 1995
regarding which no replies had been received (see E/CN.4/1995/344,
paras. 381-391 and E/CN.4/1996/35/Add.1, paras. 344-352) . On 20 October 1996,
the Government replied to these cases, as summarized in the paragraphs below.
217. Riswan Lubis, an independent trade union leader allegedly beaten
following his arrest in Medan in April 1994. The Government reported that he
had been treated well and all of his rights to due process of law had been
guaranteed. In May 1995 he completed an eight-month term of imprisonment for
inciting mass unrest. He subsequently stated in an interview with the media
that he had not been subjected to ill-treatment during his detention.
218. Sukiman (alias lusuf), a labour activist allegedly tortured by police in
Medan on 1 March 1994. The Government reported that his name was in fact
Sulaiman lusuf and he had been involved in labour negotiations with Industri
Karet Deli. During the negotiations none of the labour activists, including
Sulaiman lusuf, had been subjected to pressure, torture or ill-treatment.
219. Marsinah, a labour activist allegedly tortured and killed in May 1993.
The Government reported that the military officers who had committed
violations of the Indonesian Criminal Code as well the Military Code were
convicted by a court of law, sentenced to a six-year prison term and relieved
E/CN. 4/1997/7/Add. 1
page 46
of their military duties. The civilian defendants were released because their
testimonies had been made under duress. The officers in charge of the
investigation were brought to the court.
220. Edo, Effendi Saman, Eli, Este Adi, Hadi Ciptono, Irwan, Semsar Siahaan,
ludhi and N. S. Rendra, allegedly detained and beaten by police in Jakarta on
27 June 1994 following demonstrations against the banning of three news
magazines. According to the Government, no arrests, beatings, torture or
ill-treatment had taken place.
221. Junyonto, aged nine, and his parents, Dasmen and Sudarmo, allegedly
tortured at the police station in Indramayu, West Java. According to the
Government, Junyonto and a friend had been caught in the act of pick-pocketing
and the court had decided that he should be returned to his parents. Neither
he nor his parents had been tortured or ill-treated, although his accomplice
had suffered minor injuries while resisting arrest.
222. Sapto Rahardjo, lulianto Bernady, Thomas Henry Kurniawanto and Ellyasa
Budianto, labour activists allegedly tortured or ill-treated in custody by
military officials in Jakarta in September 1994. The Government reported that
they had not been detained, tortured or ill-treated.
223. With respect to allegations of widespread instances of incommunicado
detention in East Timor, the Government noted that the ICRC had unrestricted
access to places of detention and provided the replies to the individual cases
summarized below.
224. Salvador Sarmento, a student allegedly tortured nearly to death by
police in Dili on 4 January 1994. The Government replied that he had been
arrested on subversion charges on 7 February 1994, but the police had
concluded that he was not involved in subversive activities or acts
endangering public security. He was released the following day, having been
visited by the ICRC during and after his detention. He was never tortured or
ill-treated.
225. Benevides Correia Barros and Francisco Almeida Godinho, allegedly
tortured by soldiers after they were observed taking photographs in a field in
Maliana. The Government reported that they had been arrested by the police,
not the SGI, on 15 October 1993 in Baucau. Francisco Almeida Godinho's name
was actually Franciso Almeida Santos. They were charged with taking
photographs of a military installation and were sentenced to two months'
imprisonment. They were not tortured or ill-treated.
226. Adelino Gomes Fonseca reportedly died as a result of beatings following
his arrest in Baucau on 24 December 1992. According to the Government, he
had been a member of the separatist movement in East Timor and had died in
an exchange of fire with security forces in eastern East Timor in late
November 1992.
227. Fernando Boavida, allegedly tortured to death in Baucau between
24 and 27 December 1992. According to the Government, he had been one of a
number of members of the clandestine movement who had surrendered following
E/CN. 4/1997/7/Add. 1
page 47
the arrest of Xanana Gusmäo in November 1992. Many of these persons,
including Fernando Boadvido, were subsequently given amnesty.
Fernando Boavida was not dead, but was living as a farmer in southern
East Timor.
228. With respect to the case of Fernando de Araujo, which was transmitted to
the Special Rapporteur by the Working Group on Arbitrary Detention following
the Working Group's decision that he had been arbitrarily detained, the
Government stated that he had been visited by the ICRC during his detention
and imprisonment and had never been tortured or otherwise ill-treated.
229. Amaräo dos Santos, identified as the village head of Haupu, Letefoho,
Ermera, East Timor, was allegedly beaten severely by military officers in
January 1994. According to the Government, his name was actually Amaral dos
Santos and he was in fact an East Timorese policeman and the relative of the
traditional leader of Haupu. The allegations that he had been beaten by the
military were uncorroborated and clearly made no sense for “obvious reasons”.
230. Mateus Alfonso, allegedly arrested by soldiers in Taci Tolu
on 23 July 1994 and subsequently beaten publicly. The Government reported
that he had been arrested on 24 July 1994 and released a few hours later and
that he had been provided with a lawyer during interrogation. He was never
tortured or ill-treated.
231. Domingas da Silva, allegedly beaten severely by plainclothes officers
following a demonstration in Dili, East Timor, in November 1994. The
Government reported that he had in fact been beaten by anti-integration
elements, as he had been a supporter of integration.
232. Hendrique Belmiro da Costa, allegedly tortured by military intelligence
officials in Dili in November 1994. The Government reported that following a
demonstration, he had served a prison term on charges relating to armed
separatism from 1984 to 1989 and had not been arrested again since that time.
Urgent appeals sent and replies received
233. Martinho Pereira was reportedly arrested on 4 December 1995 by military
personnel in Surabaya, East Java, in connection with demonstrations by a
number of East Timorese persons at several foreign embassies. In addition,
32 persons who had staged a protest at the Dutch Embassy on 7 December 1996
were said to have been arrested (21 December 1995) . On 10 January 1996 the
Government replied that Martinho Pereira had been arrested on 3 December 1995
on charges of fund-raising for an armed separatist group and had been released
for lack of evidence on 3 January 1996. During questioning he was not
tortured or ill-treated. With respect to the 32 persons allegedly arrested at
the Dutch Embassy, they had left the embassy voluntarily and the Government
had not taken any action against them.
234. Jerry Kogoya, Edison Murip, Fidelis Songgohau, Arsinus Murip,
Otto Dianal, Tinus Waker and Juaringgo Kogoya were reportedly arrested on
10 March 1996 in Irian Jaya in connection with riots which had broken out in
Tembagapura and had spread to neighbouring towns (15 March 1996) . On
30 March 1996 the Government replied that the above-mentioned persons had been
E/CN. 4/1997/7/Add. 1
page 48
released after questioning and that two of them had flown to Jakarta to meet
with the State Minister for National Development Planning to express their
grievances. None had been tortured or ill-treated.
235. Between 20 and 50 persons were reportedly arrested near Jayapura,
Irian Jaya, on 18 March 1996, in the wake of rioting which broke out following
the arrival at Jayapura airport of the body of Dr. Thomas Wainggai, who had
died in Cipinmang prison, Jakarta during the previous week. Some of the
detainees were allegedly beaten upon arrest (20 March 1996) . On 26 April 1996
the Government replied that Thomas Wainggai, who had been serving a 20-year
prison term for proclaiming Irian Jaya an independent Melanesian State in
1988, had died on the way to hospital of a heart attack, as confirmed by an
ICRC representative. Local students and youths who had congregated to pay
their last respects in Abepua near Jayapura airport had defied calls from the
security units to observe law and order and had started to smash cars and set
buildings on fire. A number of arrests were made and all but 39 arrested
persons were released. The persons remaining in detention would be brought to
justice in accordance with the principles of due process of law and equality
before the law of all citizens.
236. An urgent appeal was made in conjunction with the Special Rapporteur on
freedom of opinion and expression and the Special Rapporteur on extrajudicial,
summary or arbitrary execution concerning a confrontation between university
students protesting a rise in transport fares and military personnel, which
had reportedly broken out in Ujung Padang, Sulawesi, on 22 April 1996. On
24 April 1996 some 212 students and security force members were apparently
wounded. A number of demonstrators had reportedly been shot and three
students, Andi Sultan, Syaiful and Adnan, died, allegedly after being
subjected to severe beatings. A number of students were reported to be in
custody, including some at District Military Command (KODIM) in Ujung Pandang
(26 April 1996) . On 10 May 1996 the Government replied that on 22 and
23 April the demonstration by the students had been peaceful, but after the
Association of Public Transport Drivers commenced a counter-demonstration to
call for higher fares on 24 April, a confrontation broke out between the two
groups. Buses, vans, houses and offices in the areas were destroyed and
innocent bystanders were attacked and injured by uncontrolled and aggressive
students. In attempting to restore public order, the security forces used
rubber bullets, tear gas, water cannons and other standard instruments, but
not live ammunition. The three persons who died, whose correct names were
Syaiful Bya, Andi Sultan Iskandar and Tarif, had drowned after jumping into
the Pampang river in the ensuing chaos. Those involved in criminal acts had
been arrested, but had not been subjected to any ill-treatment whatsoever.
The VIIth Military District Command appointed an investigation team. Three
senior officers and nine privates were to face military court in this regard
in May 1996. The Chief of Staff for Political Affairs of the Armed Forces had
publicly stated that the incident was regrettable and should never have
happened and the officers responsible for mishandling the demonstration would
be brought to justice. The National Commission, in its preliminary
investigation, had stated to the press that it regretted the incident and that
there were indications of possible irresponsible conduct by the security
officers.
E/CN. 4/1997/7/Add. 1
page 49
237. An urgent appeal was made in conjunction with the Chairman of the
Working Group on Arbitrary Detention on behalf of a number of persons
reportedly arrested by police in Baucau, East Timor, since 10 June 1996, when
disturbances broke out in connection with religious tensions between the
Roman Catholics and Muslim communities. A number of youths had reportedly
thrown stones at members of the security forces and, in response, the security
forces allegedly fired on the youths. Subsequently, the security forces were
reported to have conducted house-to-house searches in the area (13 June 1996)
On 19 June 1996 the Government replied that a group of rampaging East Timorese
had beaten up vendors and bystanders and set fire to and looted shops. A
police officer had been stabbed and two others had been severely injured.
Thirteen rioters caught with weapons had been arrested. Their safety in
custody had been protected and due process of law had been guaranteed.
238. The following persons were reportedly detained in connection with
disturbances which occurred in the context of the operations by the security
forces at the Indonesian Democratic Party (PDI) office in Jakarta on
27 July 1996: Hendrik Didson Sirait, Lisa Febrianti, Trio Yohanus Mulyato,
Zainal Abidin, I Sunarman Purwosaputro, Patriatno Tintin, Agus Sukarmanto and
Syamsul Bachri, Coen Hussein Pontoh, Dita Sari Mohammad Shaleh. In an
unrelated context, Nivio Sarmento was reportedly arrested by members of the
SGI on 23 July 1996 in Dili, East Timor and was interrogated at SGI
headquarters before being transferred to police headquarters (POLWIL) in
Comoro, Dili (9 August 1996) . On 20 September 1996 the Government replied
that there had been no operations by the security forces on 27 July 1996. In
fighting between the Suryadi and Megawati faction at the PDI premises, the
police had not conducted operations against the PDI office, but rather had
localized the fighting. Hendrik Dikson Sirait was arrested on 27 July 1996 by
the police while engaged in violent activities; Lisa Febrianti was arrested on
3 August 1996 on charges of involvement in a violent demonstration in East
Java on 8-9 July 1996; Trio Yoanes Mulyate Marpaung was arrested on
5 August 1996 and detained by the police for involvement in the illegal
activities of the so-called People's Democratic Party (PRD) ; Zainal Jthidin was
arrested on 7 August 1996 for involvement in organizing a violent
demonstration in East Java and several other incidents; Agus Sukarmoanto was
never arrested nor detained in Solo; Syamsul Bachri was detained by police on
4 August in Jakarta on charges of involvement in the illegal activities of
PRD; Coen Hussein Pontoh, Ditah Indah Sari And Soleh were detained on
9 July 1996 for their initiative in organizing a violent demonstration in
East Java. Their rights to due process were guaranteed, they were represented
by lawyers and were treated humanely. Nivio Sarmento was a civil servant of
the provincial government of East Timor and was never arrested or detained by
the police or other security forces.
239. Suwingo was reportedly arrested in Jakarta on 3 September 1996 because
of his alleged connections with the unofficial PRD political group. His
whereabouts were unknown, but it was believed that he might be held in
military custody (9 September 1996)
240. Nia Damayanti and Bulan, both female students said to be PRD members,
were reportedly being held incommunicado along with a third student by the
Regional Coordinating Agency for the Maintenance of National Stability
(Bakorstanasda) in Surabaya (23 September 1996)
E/CN. 4/1997/7/Add. 1
page 50
241. Azito Freitas, a student from Ossoluga in Samalari, Baucau district,
East Timor, was reportedly arrested on 28 October 1996 on suspicion of
involvement in the killing of Juliao Fragao, a military commander. He was
said to have been tortured while under interrogation at Baucau police station,
as a result of which he suffered a broken arm. On 20 November 1996 the
Government replied that law enforcement officials had not detained, arrested
or ill-treated Azito Freitas (8 November 1996)
Iran (Islamic Republic of )
242. By letter dated 16 September 1996 the Special Rapporteur referred the
Government to the urgent appeals he had made on 24 November 1995 and
25 January 1996 (see below) on behalf of a number of detained supporters of
the Grand Ayatollah Shirazi. According to information he subsequently
received, four additional supporters of the Grand Ayatollah had been detained
and most, if not all, of these and the previously detained persons had been
subjected to torture. The methods of torture allegedly used included beatings
on the soles of the feet and beating the head with cables; burns, including
with cigarettes, sometimes to the tips of the fingers; prolonged enforced
standing, sometimes on one leg; detention in extremely confined spaces;
suspension by the hands, ankles or other body parts, sometimes from a rotating
ceiling fan; application of electric shocks; exposure to severe cold for long
periods; plucking of the hair; shackling the arms in painful positions; and
prolonged sleep deprivation. A number of the detainees have reportedly since
been released. The detainees were identified as follows: Hojjatoleslam val
muslimin Mohammad Taqi al-Dhakeri; Hojjatoleslam val muslimin ‘Abdolrahman
al-Ha'eri (since released); Hojjatoleslam val muslimin Sayed ‘Abdolrasul
al-Musawi (since released) ; Hajjatoleslam val muslimin Sayed Morteza Shirazi;
Hojjatoleslam val muslimin Ja'far Ghani al-Ha'eri (since released);
Hojjatoleslam Taleb al-Salehi; Hojjatoleslam Mohammad Fazel Mohammad
al-Saffar; Hojjatoleslam Mohammad ‘Ali Ma'ash (since released); Hojjatoleslam
Mohammad Saleh Hedayati; Hojjatoleslam Sayed Abbas Musawi (since released)
Sighatoleslam Fu'ad Fujian; Mohammad al-Ghaffari; Hadi al-Akhound al-Dhakeri;
lyad Fujian (since released); Ahmad Akhound (since released); Jalal Akhound
(since released); Hojjatoleslam val muslimin Sayed Mehdi Shirazi (reportedly
arrested on 19 June 1996 while driving from Qom to Tehran) ; Ali al-Rumaythi
(reportedly arrested on 19 June 1996 in Qom) ; Sheikh Hossein al-Dhakeri
(reportedly arrested on 20 June 1996 in Qom; since released); Hojjatoleslam
Sheikh Azizollah Hassani (reportedly arrested on 20 or 21 June 1996 in Tehran;
since released)
Urgent appeals transmitted
243. On 25 January 1996 the Special Rapporteur transmitted an urgent appeal
on behalf of a number of followers of Grand Ayatollah Shirazi who had
reportedly been arrested by the security forces, some of whom had been the
subject of a previous appeal on 30 November 1995 (see E/CN.4/1996/35/Add.1,
para. 365) . According to further information received by the
Special Rapporteur, two of the detainees, Sayed Morteza Shirazi and
Mohammad al-Ghaffari, were allegedly tortured in custody and Mohammad
al-Ghaffari was hospitalised for internal bleeding. In addition, the
following additional followers of Grand Ayatollah Shirazi were arrested:
E/CN. 4/1997/7/Add. 1
page 51
Hojjatoleslam val muslimin Ja'far Ghani al-Ha'eri (arrested
30 September 1995) ; Hojjatoleslam Mohammad Saleh Hedayati (arrested in Qom
17 October 1995); Hojjatoleslam Sayed Abbas Musawi (arrested in Qom on
6 December 1996); and Ahmad Akhound and Jalal Akhound (both arrested in Tehran
in early January 1996) . All of these persons, as well as the persons named in
the appeal of 30 November, were said to remain in incommunicado detention at
an unknown location.
244. On 7 February 1996 the Special Rapporteur made an urgent appeal on
behalf of Abbas Maroufi, editor of the magazine Gardoon , who had reportedly
been sentenced between 22 and 26 January 1996 to six months' imprisonment and
35 lashes for “publishing lies”, insulting the former leader of the Islamic
Republic and publishing poems considered immoral.
245. On 6 May 1996 the Special Rapporteur transmitted an urgent appeal in
conjunction with the Special Rapporteur on extrajudicial, summary or arbitrary
executions on behalf of Mehrdad Kavoussi, a member of the People's Mojahedin
Organization of Iran, who had sought asylum in Turkey. He was reportedly
arrested by Turkish police in Agri, Turkey, on 30 April 1996, while
accompanied by a lawyer from the Office of the United Nations High
Commissioner for Refugees who was to assist him to register as an asylum
seeker. He was forcibly returned to Iran on the same day. It was alleged
that he had previously been imprisoned and tortured in Iran for his political
activities.
246. On 6 August 1996 the Special Rapporteur transmitted an urgent appeal in
conjunction with the Special Representative on the situation of human rights
in the Islamic Republic of Iran concerning the reported resumption of
amputations as punishment for certain criminal offences. The State Prosecutor
had reportedly announced on 25 July 1996 that amputations for theft were to be
resumed in order to stem rising levels of crime. Under the new policy,
persons so punished would have four fingers amputated on the right hand for a
first offence and those convicted of a second theft offence would have the
toes of the left foot amputated. Shortly after the announcement by the State
Prosecutor, amputations of the fingers were allegedly carried out in Tehran
upon six persons who had more than one theft conviction. A number of other
convicted thieves had reportedly been taken from prison to witness the
amputations. The Special Representative and the Special Rapporteur appealed
to the Government to ensure that no further amputations or other corporal
punishment was carried out against persons convicted of criminal offences.
Israel
247. By letter dated 11 July 1996 the Special Rapporteur advised the
Government that he had received information on the cases of alleged torture
summarized in the paragraphs below.
248. Fadi Jthu-Meizar, a 14-year-old reportedly arrested in Wadi Joz on
29 March 1994, was allegedly slapped and punched repeatedly, threatened with
rape, denied food, and prevented from relieving himself, over the course of
two days' interrogation at the Russian Compound in Jerusalem. The
ill-treatment was reportedly inflicted so that he would confess to having set
cars afire, an allegation that he had denied.
E/CN. 4/1997/7/Add. 1
page 52
249. Fadi ‘Abdallah Said Saffi, a resident of Jalazon Refugee Camp,
Ramallah, was reportedly arrested by General Security Service (aSS) officers
on 4 May 1994. He was allegedly stamped upon and hit on the head with a rifle
by soldiers in the military vehicle on the way to Ramallah prison. Over the
next 14 days, he was allegedly interrogated under torture, which included
being forced to sit almost constantly on an exceedingly small wooden chair
while his hands and legs were cuffed ( shabeh ) ; being deprived of food and
water; being exposed to continuous loud music; being placed in a small closet;
and receiving threats that family members would be arrested, that he would be
raped and that his house would be demolished. After allegedly being beaten on
the head with a shoe, he agreed to make a confession. After spending
10 months in al-Far'a prison, he was sentenced to five years' imprisonment,
with three years and two months suspended.
250. Mahdi Muhammad Husein Suleiman Shakrour was reportedly arrested in
Hawara, Nablus, by soldiers on 18 May 1994. At an interrogation centre in
Tulkarem he was allegedly subjected to torture to get him to confess to
membership of Hamas, including repeated beatings all over the body, kicks to
the testicles, and sleep deprivation. After he confessed to throwing stones,
his interrogators asked him to give them the names of other persons allegedly
involved. His detention was extended by the court for 30 days, after which he
was allegedly subjected to further torture, including having his testicles
squeezed repeatedly and beatings, which caused him to faint. After 19 days he
reportedly agreed to sign a document in Hebrew, which he could not read. He
was subsequently sentenced to a period of imprisonment based on his confession
of having thrown stones.
251. Muhammad Mahmoud Ibrahim Shafoud, aged 15, was reportedly arrested on
23 April 1995 at his home near a refugee camp in Bethlehem, under accusation
of throwing stones. He was allegedly beaten all over his head and his body,
causing him to bleed from the ear. He was released after eight days.
252. Fa'ed ‘Atef lunis ‘Awashra was allegedly beaten all over his body by six
soldiers with hands, rifle butts and sticks in Ramallah on 29 June 1995. At
the military compound in Ramallah he was accused of participating in
demonstrations and throwing stones. He was allegedly handcuffed, blindfolded
and hooded with a foul-smelling cloth and his feet were tied to the legs of a
small chair. He was left in that position for a number of hours. He was
subsequently taken to a building in Bethlehem, where he was reportedly beaten
severely on the legs and arms, his head was repeatedly slammed against a wall
and he was subjected to mock executions with a rope and threatened with death.
He was released on 19 October 1995.
253. Ghassan Badran Bader Jaber, a 12-year-old reportedly detained by
soldiers on 29 September 1995 in Hebron under accusation of having set up
road blocks, was allegedly beaten with an object on the back and neck at the
Bab-al Zawy military checkpoint. He was taken to a garage area, where he was
allegedly punched and kicked repeatedly all over the body by soldiers and a
number of civilians, whom he believed to be Israeli settlers. He was treated
at hospital for injuries to his neck, back, thighs, nose and head. The
charges against him were eventually withdrawn.
E/CN. 4/1997/7/Add. 1
page 53
254. Abdel Rahman Abdel Ahmar, reportedly arrested in Bethlehem in
November 1995 in connection with alleged activities of the Popular Front for
the Liberation of Palestine (PFLP) , was transferred from Meggido prison to the
Russian Compound on 15 February 1996, where he was allegedly tortured during
20 days of incommunicado detention. The torture was said to include: tight
shackling, causing him to lose sensation in his fingers; hooding with a heavy
sack; being chained to a very small chair at an awkward angle so as to create
extreme pressure to his stomach and lower back and causing him to vomit
several times per day; prolonged enforced standing while chained to objects;
exposure to extremely cold air; intensive and repeated shaking of the head,
causing him to lose consciousness; allowing him to sleep only every fourth day
for two to four hours; and death threats. On 21 March, a judge refused the
request of his lawyer to order a halt to the torture. He was subsequently
held in a very small cell for the next two weeks and allegedly exposed to
harsh light and loud music. Despite severe back pain and vomiting, he was
given some pills by the prison doctors, rather than a medical examination.
A complaint filed by his lawyer to the police investigation branch regarding
his torture was said to have gone unanswered.
255. Bassem Nairuch, reportedly arrested in Hebron on 4 March 1996, was held
incommunicado at the Sharon detention facility and the Kishon facility until
31 March. At the Sharon facility, he was allegedly subjected to tight
shackling of his hands and feet, which restricted his circulation; beatings
all over the body, including the genital area; and severe shaking of his head.
He was reportedly denied necessary medical attention for what he suspected was
a broken bone in his finger. Bassem Nairuch was later transferred to
administrative detention in Meggido prison.
256. Ma'i Adnan Abu Tabaneh, reportedly detained incommunicado for at
least 19 days in Ashkelon prison during March 1996, was allegedly subjected
to a number of sessions of shaking and forced to sit in painful positions
on 11 March.
257. Walid Karageh was allegedly subjected to interrogation under torture at
Shikma prison from 4 April to 14 May 1996. The torture was said to include
shabeh and long periods of sleep deprivation.
258. Raad Sunuqrut was reportedly arrested on 14 March 1996 in Hebron.
During his interrogation through 5 April at Kishon detention centre, he was
allegedly subjected to shabeh ; hooding; exposure to loud music; exposure to
very cold air; tight handcuffing, which constricted the circulation in his
wrist; sleep deprivation; and shaking. As a result of the torture, he
reportedly suffered from headaches and infections in his knees, gums and jaw.
His lawyer filed a complaint with the Justice Ministry against his treatment,
but the results of the investigation were unknown.
259. Muhamad Mujahed was reportedly detained on 11 April 1996 in Hebron. At
the Sharon detention centre he was allegedly hooded and forced to sit on a low
stool with his hands cuffed behind his back, so as to create great pressure on
his spine. He was also reportedly subjected to sleep deprivation, constant
loud music and threats that he would be left crippled and that his family
E/CN. 4/1997/7/Add. 1
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would be deported and his house demolished. Two other detainees held in
Sarong detention centre with Muhammad Mujahed, Ashraf Abu Markiyeh and Eyad
Mujahed, were also reported to have undergone similar abuse.
Information received from the Government on cases appearing in previous
reports
260. By letter dated 11 November 1996 the Government replied to the cases
that the Special Rapporteur had transmitted on 14 July 1995 (see
E/CN.4/1996/35/Add.1, paras. 388-94). The replies are summarized in the
paragraphs below.
261. With respect to Muhammad Ya'qub ‘Abd al-Qder a-Nubani, who was allegedly
tortured under GSS interrogation in Ramallah in April 1993, his lawyer had
made several complaints about his client's treatment to a judge at a hearing
on 23 May 1993 and the judge had ordered that he be examined by a doctor and
given the opportunity to rest and bathe. In response to an inquiry by an
Israeli Knesset (Parliament) member, the State Attorney's Office had
investigated the case and determined that the alleged victim's interrogation
had been carried out according to the legal guidelines prohibiting all forms
of torture and maltreatment. When he had been questioned during the review of
his case, he had complained of neither the interrogation methods, his medical
care nor prison conditions and had stated that his health had improved since
the start of his internment. He also said he had not been subjected to
humiliating treatment. He had been suffering from back pains prior to his
arrest and had been examined by a doctor at his request 10 times.
262. With respect to ‘Abd a-Nasser ‘Ali ‘Issa ‘Ubeid, who was allegedly
tortured by the GSS at the Russian Compound in Jerusalem following his arrest
on 30 August 1993, his complaint of ill-treatment had been forwarded to the
police, who were in the process of investigating it.
263. With respect to al-Abd a-Nasser Isma'il Hussein al-Qaysi, who was
allegedly tortured by the GSS in Ramallah following his arrest on
10 August 1994, extensive efforts had been made to trace him, but no record
existed of his having been arrested by the GSS.
264. With respect to Amjad Zeghayer, who was reportedly tortured in Ramallah
prison following his arrest on 12 August 1994, his solicitor had complained
before a judge at the Magistrate's Court about the treatment he had been
subjected to during questioning. The Special Department for the
Investigations of Police Misconduct had thoroughly investigated the complaint.
The file was closed on 13 November 1994 because the findings did not indicate
any basis upon which action should be taken against those involved in the
detainee ‘ s interrogation.
265. With respect to Hamed As'ad Hamed al-Kuni, a 17-year-old allegedly
tortured in Nablus prison following his arrest on 24 October 1994, the
complaint submitted to the Attorney General by his lawyer was thoroughly
investigated. However, the complainant failed to respond to a summons
requesting him to give evidence regarding the alleged misconduct and the file
was subsequently closed.
E/CN. 4/1997/7/Add. 1
page 55
266. With respect to Ziyad al-Qawasma, who was allegedly tortured in Ramallah
prison following his arrest on 13 November 1994, an investigator from the
Ministry of Justice had met with him following his complaint to hear the
details from him directly. He told the investigator that he had no complaints
and that his interrogation had not been particularly difficult. He had no
desire to cooperate with the authorities in determining whether or not his
interrogators had acted within the framework of the law. The findings of the
investigation did not indicate any basis upon which steps should be taken
against his interrogators.
267. With respect to Abed el-Samed Harizat, who reportedly died following
torture in the Russian Compound on 27 April 1995, it had been crucial to
obtain information that would lead to the arrest of fellow members of the
Az al-Din al-Kassam squad in Hebron and thereby save many innocent lives.
Thus, the exceptional measure of shaking had been permitted to extract the
vital information. The autopsy found that he had died of a subdural oedema of
the brain, but no evidence was detected of beating or external trauma. It was
assumed that the oedema was caused by having his shoulders shaken by one of
the investigators, although it was not possible to rule out the cumulative
effect of a number of shakings by other investigators. There had never
previously been a case of death resulting from shaking during an interrogation
and, according to expert medical opinion, the probability of death as a result
of shaking was small. The State Attorney concluded that the investigators
could not have foreseen the possibility of causing death, so no criminal
charges were pressed. One investigator had deviated from the guidelines and
he was brought before a disciplinary tribunal and reprimanded. The Attorney
General subsequently ordered that shaking could only be employed in
exceptional circumstances with the express permission of a senior officer in
charge of ass investigations. Additional safeguards concerning the use of
shaking during particularly critical investigations were incorporated and
additional supervisory measures were taken. The allegations that the deceased
had been placed in a cell with five Palestinian collaborators or that he had
been beaten or struck against a wall was found to be without basis.
Urgent appeals transmitted and replies received
268. ‘Ala Omar Abu Ayyash, Khaldun Abu Ayyash and ‘Abd al-Halim Belbaysi were
reportedly undergoing interrogation at Ashkelon prison and had allegedly been
subjected to violent shaking and prolonged sleep deprivation while tied to
small stools in painful positions (22 December 1995)
269. Fu'ad Shamasneh was reportedly arrested on 9 April 1996 and served with
a six-month administrative detention order. He was transferred to Megiddo
prison on 26 April and to al-Jelameh prison on 26 May. He had allegedly been
hooded with a sack, deprived of sleep, kept in painful positions, and his arm
was apparently dislocated. ‘Ali Diya, a Lebanese national and journalist for
Agence France Presse, the Lebanese newspaper al-Safir and “Future Television”,
was reportedly being held incommunicado at Kishon prison in Israel on
suspicion of collaboration with Hizbullah. On 25 July 1996 the Government
informed the Special Rapporteur that he had been released on 19 July 1996
(24 June 1996)
E/CN. 4/1997/7/Add. 1
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270. The following persons were reportedly arrested on 16 August 1996 in
Dura, near Hebron: Sami lussef al-Matir, Fayez Muhammad Isma'il al-Shahtit,
‘Ali lussef al-Matir, Huja Sulaiman Hussain Huja, Mahmoud lussef al-Matir,
Ariwar Awda Muhammad al-Darwish, Yassin Ibrahim Mahmoud Abu Hawash, ‘Issa
Yussef al-Matir al-Darwish, Salim Ibrahim Mahmoud Abu Hawash, ‘Issa Yussef
al-Matir al-Suwaiti, Musa Taleb Musa al-Rajoub, Mahmoud ‘Awdatallah Muhammad
al-Darwish, Bashir ‘Ali Jabr al-Awawdeh, Ziyad Hassan ‘Abd al-Fatah Abu
Hawash, Yussef Muhammad Khalil al-Suwaiti. These persons, along with Hashem
Muhammad Isma'il al-Hamamari, reportedly arrested on 19 August in Bethlehem,
were being held at Hashabiyya in Hebron without access to lawyers
(23 August 1996)
271. Dr. George Kalim Nakd, a surgeon in Nabatiyya, was reportedly arrested
on 1 November 1996 by members of the South Lebanon Army (SLA) in the area of
southern Lebanon occupied by Israel as a “security zone”, and was being held
at Khiam detention centre (8 November 1996)
272. Muhammad ‘Abd al-'Aziz Hamdan, a suspected member of Islamic Jihad, was
reportedly arrested on 7 October 1996 and allegedly subjected to violent
shaking and prolonged sleep deprivation while being forced to sit or stand in
painful positions. On 13 November 1996 a court order was issued forbidding
the ass to use physical pressure against him, but on 14 November 1996 the
Supreme Court annulled the order and permitted the use of “increased physical
pressure” (15 November 1996) . The Government reply to this appeal is
reflected in E/CN.4/1996/7.
273. Khader Mubarak, a suspected member of the military wing of 1-lamas was
reportedly arrested on 21 October 1996. During his interrogation by the ass
he was deprived of sleep while handcuffed, held in painful positions and
hooded with sacking. Pursuant to his petition seeking to bar the use of
“physical pressure” against him, the Israeli Supreme Court ruled on
17 November 1996 that “physical pressure” could continue. Although the aSS is
said to have subsequently agreed not to further tighten Khader Mubarak's
handcuffs or force him to sit or stand in painful positions, prosecutors
reportedly maintained that hooding and sleep deprivation were “essential” for
the investigation (21 November 1996)
274. Muhannad Abu Rumi was reportedly arrested in Hebron on 18 November 1996
and remained incommunicado in the Moscobiyyah Police Detention Centre in
Jerusalem (11 December 1996)
Ital y
275. By letter dated 10 October 1996, the Special Rapporteur transmitted to
the Italian Government the cases summarized in the following paragraphs; the
Italian Government replied on 5 December 1996.
276. Giancarlo Malatesta was arrested in Rome on 23 July 1993 by police
officers who suspected him of being in the act of buying drugs. Allegedly
they then knocked him violently on the head, beat him and kicked him, after
which he was taken to the Viminale police station. Upon expressing the wish
to lodge a complaint, he was reportedly again struck on the head and in the
abdomen. It was said that a medical certificate testifying to the treatment
E/CN. 4/1997/7/Add. 1
page 57
undergone had been made out and attached to the complaint lodged by the victim
with the Rome Pretura (district court) , which had instituted an inquiry. The
Italian Government replied that this person had been charged with bringing
false accusations of ill-treatment against police officers. The oral phase of
the trial was to take place in February 1997.
277. Mahrez Chanouf, a Tunisian national, and Salim Sfouli, an Egyptian, were
arrested by the Milan police on 19 August 1993. Accused of having stolen a
car and tried to escape when the police stopped them, they were brought before
a magistrate. They then reportedly exhibited a number of cuts and bruises and
claimed that they had been struck and beaten by several policemen, whereupon a
medical certificate was made out and an inquiry instituted. The Italian
Government replied that several police officers accused of abuse of authority
had been acquitted in the Court of first instance on 11 October 1993.
278. limbi Ona Nsambi Okoka, a Zairian national, was arrested by police
on 14 November 1993, at the Milan railway station. Allegedly, he was then
taken to the police station and violently beaten there, after which he was
released and had a medical certificate made out attesting to the ill-treatment
undergone. On 6 June 1994, at the Albenga railway station, he was reportedly
again arrested by police after a dispute with a railway employee and taken to
the police station, where he was beaten and then given medical care for the
blows inflicted. This time, too, it is claimed, upon being released he had a
medical certificate made out. The Italian Government replied that the
judicial inquiry had not yet been completed.
279. Nicholas Obachina, a Nigerian national, was arrested on 15 November 1993
by three carabinieri from Sant'Anna d'Alfaedo, near Verona, who allegedly beat
him violently with a sort of truncheon and then abandoned him unconscious by
the roadside. Reportedly, passers-by took him to hospital and he lodged a
complaint against the three police officers. It is claimed that a trial took
place and the three accused were given suspended sentences of 12 months'
imprisonment, but the court ordered that the sentence should not appear in
their personnel files. The three carabinieri allegedly then stated their
intention of appealing.
280. Marco Lobos and Franco Vienibene were arrested on 14 January 1994 by the
Bologna police, following an anti-drug operation. It is claimed that during
their detention they were violently beaten and that, after they were set free,
they were examined at the local hospital by a physician who diagnosed several
injuries. Both of them, it is said, lodged complaints against the police and
an inquiry was instituted. The Italian Government answered that the
magistrate in charge of the preliminary investigation against the police
officers would finalize it in a few weeks' time.
281. Bouzckri El Mautrofi, a Tunisian national, was arrested in August 1994
by officers of the Spotorno municipal police and taken to the police station,
where he was allegedly beaten with a truncheon. After being released, he
reportedly had a medical certificate made out by the San Paolo de Savona
hospital, which it was said had confirmed the severity of the injuries. The
Italian Government replied that a judicial investigation had been instituted
and that the case was before the Savona Court of first instance.
E/CN. 4/1997/7/Add. 1
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282. Biagio Imposimato was arrested in Turin on 14 December 1994, by police
who allegedly struck him violently and accused him of incitement to
disobedience. Once he had been released, he reportedly went to the hospital
where a medical certificate was made out. The Italian Government replied that
the police officers had been sentenced to a fine and ordered to pay damages to
the victim.
283. Enrico Notarangelo was arrested on 16 December 1994, by carabinieri who
suspected him of carrying in his vehicle materials or weapons intended to be
used for criminal acts. During his detention at the Mattinata police station,
he was allegedly beaten, in particular with truncheons, on the head, arms,
legs and other parts. A medical certificate was reportedly made out in
Mattinata. The Italian Government replied that an investigation into the
conduct of the police was in progress before the Court of first instance at
Foggia.
Follow-up to cases dealt with in previous reports
284. Concerning the cases of Khaled Kabouti, Salvatore Franco and
Carmelo La Rosa, transmitted by the Special Rapporteur in 1995, as also those
of Antonio Morabito and Creaute Arsenie and the situation in the Secondigliano
prison, Naples, transmitted in 1994, the Italian Government sent replies,
dated 7 August 1995, in which it indicated that judicial investigations were
in progress. The Special Rapporteur told the Government that he would like to
receive information on any findings of those investigations. In its reply
dated 5 December 1996, the Italian Government indicated that the
investigations into the cases of Khaled Kablouti and Salvatore Franco had not
yet been completed. The cases of Carmelo La Rosa and Creaute Arsenie had been
filed. The case of Antonio Morabito was before the Court of second instance.
As for the situation in the Secondigliano prison, the Government stated that
64 officials had been charged but that the trial was not yet over.
Jamaica
285. On 18 December 1995 the Government replied to the letter of the
Special Rapporteur of 10 July 1995 regarding the conditions under which
children are held in police lock-ups in the country (see E/CN.4/1996/35/Add.1,
paras. 411-412) . The Government stated that under the provisions of the
Juveniles Act, youngsters under the age of 17 may not be detained in the same
cells as adults. In practice, juveniles were sometimes held in the same
building as adults, but they were not, as alleged, held in the same cells.
Each police station was staffed with persons skilled in handling juvenile
matters and there existed ongoing educational programmes aimed at informing
the public of this fact and of the system of referrals between social
agencies. The Government planned in the medium to long term to upgrade
facilities for teenage girls and steps were being taken to expedite hearings
and provide better educational facilities for those in the care of the State.
Also, visiting committees, comprising Justices of the Peace, served to bring
to the attention of the relevant authorities any weaknesses in the system,
with an emphasis on human rights. The Government was acutely aware of the
importance of protecting persons in lock-ups and correctional institutions
E/CN. 4/1997/7/Add. 1
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from abuse. Personnel were constantly reminded that juveniles and young
persons must be treated strictly in accordance with existing legislation and
appropriate action was taken when violence occurred.
Jordan
286. By letter dated 9 August 1996 the Special Rapporteur advised the
Government that he had received information indicating that Mustafa Sulaiman
‘Abd al-Latif Abu Hamid had been subjected to torture in police custody
following his arrest in April 1995. The torture, which was said to have taken
place during a period of one month when he was held without charge, allegedly
included being hung upside down from nails which were inserted into his
ankles. He was reportedly admitted into the hospital later under a false name
for treatment of injuries sustained as a result of the torture. He made a
complaint about the torture during his trial, but the judge allegedly failed
to order an investigation and no medical records were received by the court.
He was convicted of the murder charges and sentenced to death, a sentence
reportedly confirmed by the Court of Cassation on 12 July 1996. On
18 November 1996 the Government replied that the accused had not been tortured
at any stage during his arrest. The Court of Cassation had reviewed the case
in view of the defendant's complaint. The Court upheld the previous sentence,
as it had been based on the defendant's admission of the crime to the
government prosecutor and not while he was in police custody.
Ka zak stan
287. By letter dated 10 June 1996 the Special Rapporteur advised the
Government that he had received information according to which Nikolai Gunkin,
the ataman of the Semirechye Cossack Host, was arrested in Almaty on
28 October 1995 by officers of the Moskovsky District Department of Internal
Affairs. He had reportedly been presenting himself to register as a candidate
for the elections to parliament when the arrest occurred. He was charged with
“organizing an unsanctioned meeting', in connection with an event earlier in
the year. He was allegedly physically assaulted by police officers during his
arrest. Later, three persons, including one dressed in a police uniform,
reportedly attempted to hang him from a heating pipe by his neck in his cell,
allegedly to make it appear that he had committed suicide. He was said
subsequently to have undertaken a hunger strike at Investigation-Isolation
Prison Number One. Officials allegedly doused him with cold water in an
attempt to get him to end the strike.
Urgent appeals
288. The Special Rapporteur made an urgent appeal on 4 September 1996
concerning Nina Sidorova, a political activist on behalf of the Cossack
community, who was reportedly detained at her home in Almaty on 20 August 1996
by officers of the State Investigative Committee (GSK) of Kazakstan. She was
said to have been held at various locations, sometimes in small, unventilated
or pitch dark “punishment cells”, and to have been subjected to beatings. She
was reportedly being detained at GSK headquarters.
E/CN. 4/1997/7/Add. 1
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Kenya
289. On 24 January 1996 the Special Rapporteur transmitted to the Government
a number of individual cases of alleged torture and on 18 March 1996 the
Government sent a reply to many of those allegations. The allegations and the
replies are summarized in the following paragraphs.
290. David Mbuga Kabata, arrested in Rift Valley province on 3 August 1993,
was allegedly transferred eight times among six police stations and tortured
at two of the stations and four times in nearby forests, before appearing in
court on 16 August. His torture allegedly included death threats to coerce
him to sign statements; whippings and beatings with hoe handles all over his
body while his hands were each tied to a different tree; and the tying of his
penis with a string and pulling of the string until his penis bled. A medical
examination revealed the presence of multiple bruises, two fractures of the
facial and skull bones, a circular peri-colonal ulcer on the penis, soft
tissue injuries and acute bronchitis. The Government replied that the matter
was subiudice and that David Mbuga Kabata had never complained to the
magistrate about torture. It was unheard of for a tortured suspect to fail to
complain to the magistrate, so that an independent investigation would be
ordered. If he were actually tortured, he should have complained to the
magistrate.
291. George Karuki Wanjau, aged 65, was reportedly arrested
on 7 November 1993. In Nakuru, the provincial CID officer allegedly slapped
him and ordered police officers to administer beatings, after which six
officers allegedly beat him severely. As a result, he lost four teeth and
suffered swollen cheeks and bleeding from the mouth. The beatings were
reportedly inflicted to get him to implicate political activist Koigi wa
Wamwere in an alleged robbery. Medical reports established that he had
suffered injuries consistent with his allegations of torture. The Government
replied that the Attorney General had advised that charges against George
Karuki Wanjau be withdrawn. At no point during court appearances or
subsequent to his release had he complained of having been tortured by the
police.
292. Josephine Nyawira Ngengi, a member of the organization Release Political
Prisoners, Ann Wambui Ng'ang'a and Tabitha Mumbi were reportedly arrested
along with 16 men in May 1994 in Nakuru. They were allegedly tortured in
police custody before being charged with robbery with violence. Josephine
Nyawira Ngengi was reportedly held incommunicado for 22 days, during which she
was allegedly beaten and blunt objects were forced into her vagina. The
Government stated that after her arrest, Josephine Nyawira Ngengi had been
taken to her house, where she gave the officers the keys to a stolen vehicle.
She and three others, including Ann Wambui Nakuru, were acquitted of robbery
charges. The reply did not address the allegations of torture.
293. Joseph Baraza Wekesa, Taiga Machenjie, Moses Murimi Mukour and
Richard Wasilwas Wafula were among at least 32 persons arrested between late
October 1994 and early February 1995 in Bungoma district, western Kenya, on
suspicion of membership in the illegal organization February Eighteenth
Movement (FEM) . Most or all of the 32 known arrestees were allegedly
tortured. Joseph Baraz Wekesa, aged 69, was allegedly beaten repeatedly, hot
E/CN. 4/1997/7/Add. 1
page 61
wax was poured on his arms and he was threatened with genital torture.
Although he pleaded guilty, he subsequently appealed his conviction on the
grounds that he had been tortured. A court-ordered medical report revealed
severe injuries, but the High Court judge allegedly refused to read the
medical report and refused him bail. Taiga Machenjie, a former chairman of
the Mount Elgon district section of the opposition party Forum for the
Restoration of Democracy (FORD) , was allegedly tortured in Kakamega, resulting
in his urinating blood and losing his hearing. Moses Murimi Mukour allegedly
had his penis and both testicles tied with a string that was stretched and
repeatedly hit by Special Branch officers in Kakamega. The officers also
reportedly stood on his chest and on a piece of wood placed across his legs.
A medical report noted scars resulting from torture. Richard Wasilwa Wafula
was allegedly beaten on 8 February 1995 in Kakamega and a medical report noted
that three weeks later his injuries were still “quite visible and quite
marked”. The Government replied that at the hearing of his appeal before the
High Court on 27 February 1996, the advocate of Jaseph Baraza Wekesa had
dropped the appeal and had not mentioned the allegations of torture to the
court. Even at trial, the accused had not reported to the Court the
allegations of torture. The appeal thus covered only the issue of sentence,
which was reduced from six to two years.
294. Geoffrey Ndungu Gichuki was among a group of 67 persons reportedly
arrested around Nakuru in December 1994 under accusation of holding an illegal
meeting. At least 17 of the detainees were allegedly tortured and four
detainees became permanently disabled after being tied to trees and beaten in
Dundori forest. Geoffrey Ndungu Gichuki developed gangrene and his arm was
amputated. The four disabled detainees were held under police guard in
hospital for seven months and released in July 1995, allegedly to avoid
evidence of their torture being raised in court. A lawyer acting for
63 prisoners held for trial stated in court that the prisoners were being
tortured by warders, including by “stripping them and thrusting a stick in
their bottoms”. They also began a hunger strike in September 1995 because
they had been moved to a cell block with persons suffering infectious
diseases, such as tuberculosis and scabies, and generally atrocious
conditions. Sixty-two of the 63 prisoners were convicted in October 1995.
295. Alex Owuor was reportedly arrested on 27 December 1994 by five KANU
Youth Wing members under accusation of stealing. At the Youth Wing' office he
was allegedly kicked and beaten, as a result of which he sustained a
dislocated elbow and swollen genitals and required hospital treatment. The
Government replied that when a complaint is brought to the attention of the
police, it is recorded in the Occurrence Book. The police had checked their
records and found that no complaint had been made either by or on behalf of
Alex Owuaor. Neither had the Attorney General received a complaint.
Therefore, the allegation that little action had been taken by the police was
false.
296. Daniel Waweru, aged 84, his wife and his daughter were reportedly
whipped at Kangaita Chief's Camp, Kirinyaga district, by three administrative
policemen on 4 January 1995. Daniel Waweru was then held overnight in a cell
several inches deep in water and released without charge. The Government
stated that the incident involved a father and his son, daughter and grandson.
Pursuant to their complaint of assault by three administrative policemen, they
E/CN. 4/1997/7/Add. 1
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were escorted to the hospital for examination and treatment and their
statements were recorded. The investigations into the cases were ongoing.
297. Zacharia Wukumu Njogu was reportedly beaten severely and robbed at a bus
station in January 1995 by six members of the KANU Youth Wing. He was
hospitalized for two weeks with his right leg in a cast. He identified three
of the attackers to police but only one person was detained briefly. He was
released on bail and it appeared that no further action was to be taken in the
case.
298. Sergeant Martin Obwong, a prison officer in Nairobi, was reportedly
arrested on 17 March 1995 following a quarrel with a police officer in a bar.
He was allegedly beaten by officers at the station and collapsed shortly after
his release the next day. He died the following day. The Government replied
that two policemen had been charged in court with manslaughter on the death of
Sergeant Obwong.
299. Robert Wafula Buke, a former University of Nairobi student leader, was
reportedly arrested on 27 March 1995 on suspicion of membership in FEM. He
was allegedly chained to a wall and severely beaten at Kawangware Chief's Camp
by a Special Branch inspector and two officers. He was reportedly tortured
further and denied food at Naivasha maximum security prison. He was released
on 13 May 1995.
300. Nahashon Chege, an 18-year-old street boy, was reportedly tortured to
death at Pongani police station on 1 April 1995. He was said to have been
beaten severely with gun butts. Two other boys arrested with him were also
allegedly beaten. The Government replied that Nahashon Chege was among
25 suspects arrested on 29 March 1995 on suspicion of setting a vehicle
ablaze. He had fallen ill on 31 March and was declared dead on arrival at
hospital. A post mortem had revealed that he died from a ruptured spleen
which could have been caused by a fall or blunt force applied to the abdomen.
The body had no visible injuries. An inquest file had been opened and the
procedures were ongoing.
301. Lieutenant John Kubwana, a Ugandan army officer, was reportedly
kidnapped by Kenyan security agents from his home in Bukabayi village in Mbale
district, Uganda, on 23 April 1995, under accusation of having recruited and
trained members of FEM. He was allegedly beaten with blunt objects and
wounded with a knife. He subsequently died in Bungoma hospital. The
Government stated that John Kubwana had been arrested in Kenya on matters
related to security and was released on 1 May 1995. He was never assaulted
and had gone home without complaint. He was not dead, but was in Uganda going
about his usual business.
302. Otieno K'Opiyo and Otieno Mak'Onyango, both members of parliament from
the opposition FORD party, were reportedly detained and beaten by riot police
on 10 June 1995, apparently to prevent them from attending a by-election in
Mombasa. They were subsequently treated at hospital for back and chest
injuries.
303. Mirugi Kariuki, a human rights lawyer, and Louise Tunbridge, a
journalist for the British newspaper Daily Telegraph , were among a number of
E/CN. 4/1997/7/Add. 1
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journalists and Safina party supporters allegedly beaten by prison riot
squad officers and about 40 armed members of the KANU Youth Wing when they
went to visit activist Koigi Na Wamwere in Nakuru prison on 10 August 1995.
Murugi Kariuki sustained a broken collarbone and serious bruising and
Louise Tunbridge suffered severe bruising. Three persons have reportedly been
charged with assault in the incident and released on bail.
304. Wang'ondu Kariuki, a lawyer, was reportedly arrested
on 22 September 1995 under accusation of membership of FEM. He was held
incommunicado for seven days, during which he was allegedly stripped naked,
beaten repeatedly and denied food for three days. According to the
Government, Wangondu Kariuki had admitted being the Secretary-General of FEM
and was charged on two counts of being a member of an unlawful society. His
case is still pending.
305. The Special Rapporteur provided the Government with follow-up
information he had received with respect to the case of Geoffrey Kuria
Kariuki, on whose behalf the Special Rapporteur had transmitted urgent appeals
on 18 July 1994, 15 August 1994 and 2 December 1994. He had allegedly been
tortured incommunicado detention at Nakuru police station following his arrest
on 9 July 1994 and was reportedly being denied adequate medical treatment.
According to the new information received recently, he was eventually released
on bail in May 1995. Although a medical report established that his condition
resulted from trauma “inflicted from blunt object(s) directed to the head”, no
investigation was said to have been undertaken with respect to the torture
allegations.
306. The Special Rapporteur also transmitted new information he had received
in the case of opposition Democratic Party official David Njenga Ngugi, first
mentioned in the Special Rapporteur's letter of 21 July 1994, who had
allegedly been tortured with five other persons following their arrest in
November 1993 on charges of breaking into the Ndeiya Chief's Camp and stealing
weapons. The detainees had allegedly been whipped, their fingernails and
toenails had been removed, and they had been forced to walk on sharp objects.
The source of the information had since reported that the case against all
six defendants was dismissed on 10 June 1994 on the grounds that their
confessions had been obtained through torture. In his ruling of May 1994 the
Chief Resident Magistrate noted that David Njenga Ngugi had been “so badly
tortured to confess that today, eight months later, he still has to walk with
the help of crutches. The soles of his feet still have deep black marks and
[ sores] and swellings are on his feet” . The magistrate also reportedly
directed the commissioner of police to take immediate action against the
persons responsible for the torture. Despite this ruling, no investigations
were carried out into the torture allegations. Subsequently, the magistrate
was transferred from Nairobi to Kitiu, 130 kilometres away, and David Njenga
Ngugi continued to suffer harassment by the police. The Government replied
that the police were still investigating allegations of torture against the
six defendants in the above-described case, and the perpetrators would be
prosecuted or disciplined if torture were established.
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Information received from the Government with respect to a case included in a
previous report
307. In its letter of 18 March 1996, the Government replied to the cases of
Rosemary Nyambura and Truphena Obwaka Shirako, which had been transmitted by
the Special Rapporteur on 18 September 1995, (see E/CN.4/1996/35/Add.1,
paras. 419 and 422). Rosemary Nyambura, who was allegedly beaten to death by
police officers in Nairobi on 10 May 1992, had been found hanging on the
wall with a piece of blanket around her neck at Ruraraka police post some
20 minutes after another detainee who had been arrested for being drunk and
disorderly had been brought to the police post. A police pathologist found
that her death was due to bleeding in both kidneys and a torn spleen. An
inquest was opened and the matter was taken to court. All the witnesses had
tendered evidence and a ruling would be delivered soon. As to Truphena Obwaka
Shirako, who was allegedly tortured, including by means of sexual assault, at
Langas police station in January 1994, the case against the offending
policemen was still pending in court.
Libyan Arab Jamahiriya
308. On 1 February 1996 the Special Rapporteur transmitted an urgent appeal
on behalf of ‘Adel Mohammad al-Khazani, Salih Sulayman Haddoud, Faraj Sulayman
al-Du'ayki, Sulayman Abu-Setta, ‘Abdallah al-Mahdi Abu-Setta, Salah al-Din
‘lyad al-Shibani, Mohammad Hassan al-Barrani and Mohammad al-Mahtout
al-Si'ani, who were among a large group of students reportedly arrested in
Bani Wali, south-east of Tripoli, in the context of a demonstration that had
taken place in early September 1995. They were allegedly interrogated under
torture, including by means of electric shocks, falaga and being threatened
with dogs. They and 16 other persons were reportedly tried summarily in
secret, without access to lawyers, and were sentenced to various prison terms
in mid-December 1995. They were being held incommunicado in al-Jdayda prison,
al-Farna, ouside of Tripoli.
Mexico
309. By letter dated 6 August 1996 the Special Rapporteur transmitted to the
Government the cases dealt with in the following paragraphs; the Government
replied on 5 November 1996.
310. Diego and Claudio Martinez Villanueva, members of the Otomi indigenous
community, were detained in Santa Ana Tlacotenco, State of Mexico, in
January 1994 by members of the State judicial police, who accused them of
murder. Both are deaf mutes, mentally deficient and illiterate. They were
allegedly beaten, subjected to electric shocks in the tongue and forced to
mark their fingerprints on self-incriminating statements. The Government
reported that the National Human Rights Commission (CNDH) had not received any
complaint about this case.
311. Felix Armando Fernández Estrada, a trader, was detained
on 20 October 1994 in Mexico City by members of National Public Security
Coordination (CNSP), which accused him and others of having planted a bomb.
Transferred to a place of secret detention, he was allegedly subjected to
tortures such as electric shocks, blows, attempts to asphyxiate him by placing
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a plastic bag over his head, and death threats. The Government reported that
this person had declared to representatives of the National Human Rights
Commission that the lesions he displayed had been caused accidentally and that
he did not wish to lodge any complaint on the matter.
312. Eneo Hernmndez Hernmndez, Emiliano Hernmndez Hernmndez and
Lucas Francisco Hernmndez, members of the Nahua indigenous community
originating from the community of Cantollano, municipality of Ixhuatlmn de
Madero, Veracruz, were detained on 2 July 1995 at different places in the
municipality by members of the State judicial police. Taken to the
headquarters of the State's Directorate General of Public Security (DGSPE) in
Alamo, they were reportedly interrogated and subjected to various kinds of
torture, such as application of electric current to the arms, blows and
attempts to asphyxiate them with plastic bags placed over their heads. The
Government supplied details about the facts and the proceedings against these
persons, but not about the possible use of torture.
313. Cecilia Rodriguez, representative of the Zapatista National Liberation
Army (EZLN) in the United States, was allegedly attacked on 25 October 1995 in
Montebello, Chiapas, by individuals suspected of having links with security
forces, who are said to have raped her and pressed her to give up her
political activities. The Government reported that the person concerned had
not reported to the Office of the Attorney-General of the State of Chiapas to
confirm the accusation, and that neither the relevant medical certificate nor
the witness statement was contained in the file.
314. Aurora Nazario Arrieta, 15 years old, a native of San Miguel,
TzinacapIn, was allegedly raped early in November 1995 by three policemen at
the police station in Cuetzalen, Puebla. The Government reported that the
National Human Rights Commission had issued a recommendation requesting that
the Attorney-General of the State of Puebla should take action for the arrest
of the three persons alleged to be concerned.
315. Manuel Aguierre Becerril, Abel and César Zamudio Trejo and
Margarita Villafuerte were reportedly arrested on 21 January 1996 in Celaya,
Guanajuato, by officers of the judicial police, who accused them of an
abduction. All of them are said to have been severely beaten. Margarita
Villafuerte was allegedly subjected to cigarette burns on the back, abdomen
and thighs and mutilation of both nipples. The Government reported that the
National Human Rights Commission was conducting the necessary inquiry.
316. José Nava Andrade, leader of the Organization of Villages and
Settlements (OPC) , of Chilpancingo, Guerrero, member of the Union of Peasant
Organizations of the Southern Highlands (UOCSS) and the Broad Front for
National Liberation Movement Building (FACMLN) , was abducted on 2 July 1996 by
individuals suspected of having links with security bodies when on his way to
the Guerrero State Government building to receive compensation he had been
promised for injuries suffered in April 1996 at the hands of the police. The
kidnappers allegedly stripped him, hung him up by the feet and beat him with
sticks covered with sponge and lint. They also reportedly inserted a tube in
his rectum and filled his intestine with domestic gas, prodded him with
electric goads and struck him hard on both ears with the palms of their hands.
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According to the Government, the forensic physician of the National Human
Rights Commission confirmed that the person concerned had in fact been
tortured, and a request had been addressed to the Office of the
Attorney-General of the State of Guerrero for the adoption of precautionary
measures on his behalf. Investigations with a view to identifying those
responsible were continuing.
317. In addition, the Special Rapporteur again transmitted to the Government
a number of cases sent in 1995 concerning which he had not yet received any
reply.
Follow-up to cases transmitted previously
318. On 12 April 1995 the Special Rapporteur transmitted to the Government
the case of Alvaro Castillo Granados, who was arrested on 8 February 1995 in
Yanga, Veracruz, by members of the Federal judicial police who allegedly
struck him with boards and electric cable, squirted mineral water into his
nose, covered his head with a plastic bag and subjected him to electric
shocks. Six other persons arrested on the same occasion, Ricardo Hernmndez
Lôpez, Hilario Martinez Hernmndez, Martin Trujillo Barajas, Luis Smnchez
Navarrete, Rosa Hernmndez Hernmndez and Hermelinda Garcia Zepahua, allegedly
underwent similar treatment. Reportedly the National Human Rights Commission,
in its recommendation 50/95, submitted that there had been torture and
recommended that the Attorney-General's Office should institute an inquiry.
The Special Rapporteur asked the Government for information on follow-up by
the competent authorities to the National Human Rights Commission's
recommendation. On 5 November 1996 the Government reported on the progress of
the proceedings, which have not yet been completed.
319. On 17 February 1995 the Special Rapporteur sent the Government an urgent
appeal on behalf of Mariano Encino Lôpez and Julio Encino Hernmndez, arrested
on 9 February 1995 at Sierra de Songolica, Puebla. Information supplied by
the National Human Rights Commission indicated that while he had remained in
detention Mariano Encino had been subjected to electric shocks. The Special
Rapporteur asked the Government for information on the results of the
investigation carried out by the Commission. The Government replied that
according to the Commission the persons concerned were detained in the
community of Sibaquil, municipality of Altamirano, Chiapas. In an interview
with representatives of the Commission they declared that they had not been
beaten or tortured by the military and that it was at Tuxtla Gutiérrez,
on 11 February 1995, in an office whose location they did not know, that
Mariano Encino had been assaulted with an apparatus that gave him electric
shocks. Since, furthermore, the prison entry medical certificates, issued on
13 February 1995, established that the aggrieved persons were in good physical
and mental health, the case was filed as solved in the course of the
proceedings.
320. Regarding the case of Manuel Manriquez San Agustin, transmitted by
the Special Rapporteur on several occasions, the Government reported
on 1 December 1995 that the Office of the Attorney General of the Federal
District had in November 1995 instituted criminal proceedings against
two members of the police force for their alleged responsibility in the
commission of the crime of torture, and that orders for their arrest had been
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issued and carried out. The Special Rapporteur asked to be informed of any
new developments there had been in the case since the court had ordered the
imprisonment of those allegedly responsible, and also of any action taken to
indemnify the victim. In answer the Government stated that the
two individuals presumed to be responsible had been dismissed from their
posts. Meanwhile the criminal proceedings were continuing to go ahead.
Replies provided by the Government regarding cases transmitted in prior years
321. Alejandro Salas Romero, arrested on 9 February 1995 at Sierra de
Songolica, State of Puebla, by 15 armed individuals believed to belong to the
army. On 20 March 1996 the Government sent the Special Rapporteur a copy of
the final recommendation issued by the National Human Rights Commission. It
is not stated in that report, however, that the person concerned had been
tortured, nor that he had complained of having been a victim of torture.
322. Jorge Ramirez Smnchez and nine other peasants arrested on 29 May 1995 in
the indigenous community of Atlapaxco, State of Hidalgo. On 20 March 1996 the
Government reported that the National Human Rights Commission had not been
able to locate those persons, who had been released on bail in order to
corroborate the occurrence of torture, and that the Commission had not
received any complaint from them.
323. Jorge Santiago Santiago, arrested on 20 February 1995 at Teopisca,
Chiapas, for alleged membership of the Zapatista National Liberation Army.
On 29 March 1996 the Government reported that he had told representatives of
the National Human Rights Commission that he had not been subjected to
torture.
324. Demetrio Ernesto Hernmndez Rojas, arrested on 19 October 1994 in the
town of Netzahualcôyotl, State of Mexico. According to information provided
by the Government on 29 March 1996, he told representatives of the National
Human Rights Commission that he had incurred the injuries he displayed
accidentally and that he did not wish to lodge any complaint on the matter.
325. Ricardo Hernmndez Lôpez and seven other persons arrested in
February 1995 at Yanga, Veracruz. According to information provided by the
Government on 29 March 1996 the National Human Rights Commission submitted
that these persons had been subjected to physical and mental torture in order
to obtain information concerning the Zapatista National Liberation Army and to
make them sign self-incriminating statements, and had recommended the opening
of an administrative investigation directed against agents of the State
judicial police and of the Government Procurator's Office, as well as the
medical expert of the Office of the Attorney General of the Republic.
326. Gonzalo Smnchez Navarrete and five other persons arrested
on 10 February 1994 at Cacalomacmn, State of Mexico. According to information
provided by the Government on 29 March 1996 the forensic physicians attached
to the National Human Rights Commission certified that all these persons
displayed lesions, which were described as of the kind that do not endanger
life and take less than 15 days to heal. It also stated that expert reports
were being prepared to determine whether or not the police had used excessive
force.
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327. Maria Gloria Benevides Guevara was arrested on 8 February 1995 by
members of the police force, who allegedly broke into her home in Mexico City
accusing her of belonging to the Zapatista National Liberation Army. Taken to
military premises for interrogation, she was allegedly deprived of sleep for a
day and a half and forced to sign a statement several pages long, which she
was not allowed to read under threat of harm being done to her 18-month-old
child. According to information provided by the Government on 29 March 1996,
this person told the staff of the National Human Rights Commission that she
had at no time been physically hurt; neither did she lodge any complaint.
According to the medical report drawn up by the Office of the Attorney General
of the Republic there were no recent external lesions.
328. Alfredo Jiménez Santis and Mario Alvarez Lôpez, arrested
on 9 February 1995 and taken to a military establishment in Tuxtla Gutiérrez.
According to a report supplied by the Government on 29 March 1996, the
information obtained by the National Human Rights Commission indicates that
during the time of their detention by military personnel these persons were
subjected to physical ill-treatment. The Commission is conducting the
requisite investigation.
329. Trinidad Perez Perez, arrested on 13 February 1995 at an army checkpoint
located in the vicinity of the Chiapas communal land. On 5 November 1996 the
Government reported that at an interview with representatives of the National
Human Rights Commission this person stated that he had been subjected to
ill-treatment by the military, but that it was not his wish to go through with
the investigation of the facts, and it was accordingly brought to a close.
Urgent appeals and replies by the Government
330. During 1996 the Special Rapporteur sent the Government four urgent
appeals, on the dates shown in parenthesis, the first of them being on behalf
of Aridrés Manuel Lôpez Obrado, member of the Democratic Revolution
Party (PRD) ; Dorilian Diaz Perez, municipal official; Rafael Lôpez Cruz,
member of the PRD; and Darwin Gonzalez Ballina, former member of Parliament
belonging to the PRD. According to reports these persons formed part of a
group of over 50 who were arrested between 7 and 9 February 1996 at the
localities of Huatacalca (Nacajuca) , CIrdenas and Centia, State of Tabasco.
The arrests were made in connection with peaceful protests calling for
compensation for the environmental damage caused by a petroleum plant. In
the course of the operations conducted by members of the army and the State
judicial police, an indeterminate number of persons were allegedly injured
(19 February 1996) . On 21 May 1996 the Government reported that all the
detained persons had been set free and that a complaint had been lodged with
the National Human Rights Commission concerning the above-mentioned acts.
331. The second appeal was sent on behalf of José Manuel de la Torre
Hernmndez and Flor VIsquez Jiménez, members of the Venustiano Carranza peasant
community, State of Chiapas, who had reportedly been abducted on 2 April 1996
by the San Bartolomé de los Llanos paramilitary group under instructions from
the mayor of the locality. Two other members of the community, José de la
Torre Torres and Jose Manuel Ramirez de la Torre, had allegedly been arrested
in the same circumstances and set free 24 hours later. During that time, they
had reportedly been beaten and refused access to their families and to medical
E/CN. 4/1997/7/Add. 1
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care (7 May 1996) . On 6 June 1996 the Government reported that public
officials had played no part whatsoever in the alleged arrest and torture of
these persons. The so-called San Bartolomé de los Llanos paramilitary group
does not exist; the name, however, belonged to one of the indigenous peasant
organizations in conflict in the municipality of Venustiano Carranza.
332. The third appeal was sent on behalf of Teodoro JuIrez Smnchez,
Ramiro Jiménez, Lorenzo Adame Benitez and Jerônimo Adame, members of the
Southern Highlands Peasant Organization (OCSS) ; Cleofas Smnchez,
Pedro Barrios, Gervacio Arce and Gonzalo Smnchez, members of the Guerrero
Organization of Villages and Settlements (OPCG) ; Procoro Valente Gil, member
of the Broad Front for National Liberation Movement Building (FAC-MLN) ; and
Alfredo Barragmn, Gregorio Garcia, Gerardo Hurtado Arias, Taide Mejia
HernIndez, Marcos Mejia Cruz, and Valentin Tapia Noyola, peasant activists.
Allegedly these persons were arrested between 8 and 15 July 1996 in the State
of Guerrero and some of them were subjected to torture and ill-treatment. The
arrests reportedly took place in the course of operations by the security
forces against peasant activists, in particular members of OCSS and OPCG,
accused of having links with the armed opposition group, People's
Revolutionary Army (ERP) . It was also reported that on 14 July 1996, during a
demonstration calling for the release of peasant activists arrested on
previous dates, some 30 persons had allegedly been injured, including women
and children (24 July 1996) . On 28 August 1996 the Government reported that a
preliminary investigation had been initiated against the chief of the
Chilpancingo Municipal Preventive Police and his personnel for the offences of
abuse of authority, illegal deprivation of freedom and their consequences,
committed to the detriment of 53 persons, among whom are the above-mentioned.
333. The fourth urgent appeal concerned the leader of the OCSS, Hilario
Mesino Acosta, who had been arrested on 3 July 1996 in Mexico City and later
transferred to the prison of Acapulco, Guerrero, on suspicion of having links
with the People's Revolutionary Army. During his detention he was allegedly
subjected to torture (3 September 1996) . In communications dated 1 and
23 October 1996, the Government reported that the National Human Rights
Commission had conducted medical examinations upon Mr. Mesino and determined
that he had no traces of external lesions. Moreover, he himself had
reportedly informed the Commission that he had not been tortured.
Morocco
334. On 10 October 1996 the Special Rapporteur informed the Government that
he had received particulars concerning the case of Ahmed Sanoussi, a Moroccan
humorist, who had allegedly been assaulted on 4 June 1996 by members of the
police force when on his way to the headquarters of the Moroccan Labour Union
in order to join, out of solidarity, in a sit-in organized by the Association
of Unemployed Graduates. He was allegedly taken unconscious to hospital where
the doctors reportedly diagnosed multiple traumatisms. Apparently, several
non-governmental organizations had called for an inquiry, but no action had
been taken on that request.
335. On the same date the Special Rapporteur referred once again to the case
of Aimed El Kauri, Nebt Ramdane Bouchraya, Arbi Brahim Baba, Cheykhaton Bouh,
M'Rabih Rabou Neysan, Abdel'hay Lekhal, Mahfoud Brahim Dahou and Salama Ahmed
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Lembarki, arrested on 11 May 1995 at La'youne, which he had already submitted
to the Government in 1995. The Government had replied that any allegation of
torture or ill-treatment was mere speculation and that, at the time of their
appearance before the military court, the persons concerned had made no
declaration to that effect. However, additional information received by the
Special Rapporteur from the sources emphatically asserted that those persons
had been tortured to extract confessions from them and that they had so
informed the court. Despite that, the court had reportedly not ordered an
inquiry or taken any other measure. On 18 November 1996 the Government
reiterated that the persons concerned had never been subjected to torture.
Myanmar
336. By letter dated 11 June 1996 the Special Rapporteur advised the
Government that he had received information according to which U Win Tin and
Myo Myint Nyein had been placed in tiny cells intended for the keeping of
military dogs, at Insein prison in Yangon, as punishment for possessing a
letter from prisoners addressed to the United Nations Special Rapporteur on
the situation of human rights in Myanmar concerning harsh prison conditions.
Dr. Khin Zaw Win, Saw Naing Naing (a member-elect of parliament) and
Monywa Tin Shwe also had been held in “dog cells” since November 1995 for
intending to send a letter to the Special Rapporteur on Myanmar. (Saw Naing
Naing, Monywa Tin Shwe, U Win Tin and Myo Myint Nyein were subjects of the
urgent appeal of 5 January 1996 summarized below.) . Mya Win, a National
League for Democracy (NLD) MP-elect and Htay Aung, an NLD member, were also
said to be held in such cells.
Urgent appeals transmitted and replies received
337. On 5 January 1996 the Special Rapporteur and the Special Rapporteur on
the situation of human rights in Myanmar made a joint urgent appeal on behalf
of Saw Naing Naing, Monywa Tin Shwe, U Win Tin, Myo Myint Nyein and
Dr. Myint Aung, all NLD members, who allegedly had been subjected to severe
ill-treatment since mid-November 1995 at Insein jail (see above) . They were
reported to be in ill health and in need of essential medical attention.
On 21 March 1996 the Government stated that there was no ground for concern
that they might be subjected to torture or ill-treatment, as such practices
were strictly prohibited by law in Myanmar and the prison authorities
scrupulously followed the relevant laws and the stipulations of the Prison
Manuals. Qualified doctors were always available to tend to the medical needs
of detainees and, if necessary, arrangements were made for patients to receive
the necessary treatment at hospital.
338. On 23 January 1996 the Special Rapporteur and the Special Rapporteur on
the situation of human rights in Myanmar made a joint urgent appeal on behalf
of a number of members of the dance troupe Myo Daw Win Mar Anyeint , who had
reportedly been arrested by officials of Military Intelligence Unit (MI) 16 in
Mandalay after returning from a performance at an Independence Day ceremony at
the compound of NLD leader Daw Aung San Suu Kyi. The troupe was said to have
made jokes about the political situation in Myanmar during their performance.
U Htwe (NLD Chairman of Mandalay Southeast Township) , U Pa Pa Lay, U Lu Zaw,
Myodaw Win Mar (female) , Ma Hnin Pa Pa (female) , U Tin Myint Hlaing, U Sein
Hla and U Win Htai were reportedly arrested on 7 January 1996; Daw Myaing
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(female) and Ma Yin Tin Swe (female) were arrested on 11 January 1996; and
U Myint Them and U Aung Soe, NLD members who helped to arrange the
performance, were arrested on 12 January 1996. On 13 March 1996 the
Government replied that neither Myawdaw Win Mar, Ma Hnin Pa Pa, U Tin Myin
Hlaing, U Sein Hla, U Wint Htai, Daw Myaing, Ma Yin Tin Swe nor U Myint Them
had been detained by the authorities. U Pa Pa Lay and U Lu Zaw had been
charged with delivering lines at the 4 January 1996 performance that could
jeopardize the law and order and security of the State and U Htwe and
U Aung Soe had been charged for giving them the support and encouragement to
do so. They faced no ill-treatment while in detention or during trial.
339. On 7 February 1996 the Special Rapporteur and the Special Rapporteur on
the situation of human rights in Myanmar made a joint urgent appeal on behalf
of U Win Naing, U Khin Maung, U Them Tun, U Maung Maung Lay, U Maung Ung
Myient and U Htay Kywe, members of the Insein township branch of the NLD, who
were reportedly arrested on 27 January 1996 in Yangon in connection with a
poem they had written to commemorate the death in custody in 1991 of NLD
member U Tin Maung Win. On 13 March 1996 the Government replied that a case
had been filed against U Them Tun, U Win Naing and U Htay Kywe because they
had been involved in the writing and distribution of literature found to be
detrimental to law and order and security of the State. U Khin Maun, U Maung
Maung Lay and U Maung Ohn Myint had not been arrested nor detained. There was
no ground for concern that the detained persons would face ill-treatment as
the authorities in Myanmar scrupulously followed the laws prohibiting torture
and other cruel, inhuman or degrading treatment.
340. On 23 May 1996 the Special Rapporteur made an urgent appeal concerning
at least 90 NLD activists who had reportedly been under arrest since
19 May 1996 in order to prevent them from attending an NLD conference
scheduled for 26 to 29 May 1996. U Win Htein, the NLD spokesman, and
Dr. Aung Khin Sint were reported to be among those detained. They were
allegedly being held without charge and at an unknown location.
341. The Special Rapporteur and the Special Rapporteur on the situation of
human rights in Myanmar made a joint urgent appeal on 4 September 1996 on
behalf of John Khaw Kim Thang (aka No Than Kap) , former President of the Chin
National Front, who was reported to be held in the custody of the Myanmar army
at their Kalmyo camp. On 28 November 1996 the Government replied that he had
been detained by the Indian army for involvement in rebel activity and had
been handed over to the Myanmar authorities in Tamu. He had never been held
at Kalemyo army camp nor had he been ill-treated.
342. The Special Rapporteur and the Special Rapporteur on the situation of
human rights in Myanmar made a joint urgent appeal on 5 December 1996 on
behalf of Zaw Win, Tin Hla, Kyaw Soe, Thi Thi Aung and Than Than Su Win,
members of the Youth Wing of the NLD, who were reportedly arrested
on 3 December 1996 and were said to be held at MI 12 headquarters for
interrogation.
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Information received from the Government on cases appearing in previous
reports
343. In a letter dated 18 December 1995, the Government informed the
Special Rapporteur that Ye Htut, an NLD member on whose behalf the
Special Rapporteur had made an urgent appeal on 6 October 1995 (see
E/CN.4/1996/35/Add.1, para. 474), had been found guilty of writing false and
fabricated news about Myanmar which could cause foreign countries to
misunderstand the actual situation prevailing in the country. He was
sentenced to seven years' imprisonment. He had not been subjected to torture
or ill-treatment in detention.
344. In a reply dated 29 December 1995, the Government informed the
Special Rapporteur that NLD Youth representatives Maung Aye, Toe Aung and
Myo Zaw, on whose behalf the Special Rapporteur had made an urgent appeal on
24 November 1995 (see E/CN.4/1996/35/Add.1 para. 475), had not been subjected
to torture or ill-treatment.
Nepal
345. By letter dated 18 April 1996 the Special Rapporteur advised the
Government that he had received information according to which at least
44 persons, including children, had been arrested in Kubhinde, Sinduplachowk
district, between 2 and 9 February 1996, following the disappearance of a
police constable in the area. It was alleged that these persons had in fact
been detained because they were alleged sympathizers of the opposition party
United People's Front (UPF) . A number of those arrested were allegedly
subjected to severe beatings, such as Yam Maya Sapkota, Radhika Sapkota,
Taradevi Sapkota, Dula Prasad Sapkota and Subhadra Sapkota (female, aged 13)
346. The Special Rapporteur transmitted another letter on 24 September 1996
concerning allegations of torture or ill-treatment against persons arrested in
police operations against Maoist political activists in the Rapti region of
mid-western Nepal in February and March 1996. The following individual cases
were transmitted: Jaggu Prasad Subedi, Chairman of the Rolpa District
Development Committee, arrested in Libang; Imam Singh Rokha, from Gaam
village, Rolpa district; Shivaprasad Sharma, President of the Jhajharkot
district of the All Nepal National Independent Students Union, arrested at
Thaple, Jhajharkot district; Dambar Bahadur Rokayat, arrested and interrogated
at Darma police post; Ganga Ram Budhotoki, reportedly detained by officers
from Tharmere police post; Bishnu Maya and her daughters, aged six and
eight years, arrested in Rimna village, Khalanga VDC, Ward No. 8 of Jhajharkot
district; Umakanta Sharma, arrested in Botechaur village of Surkhet district;
Karna Bahadur Budhathoki, arrested in Botechaur village of Surkhet;
Tilbir Budhathokiwas, allegedly tortured at Salyan district headquarters;
Phanindra Ghimere, former Area Committee member of the Samyukda Jana Morch
party (SJM) arrested in Jhajharagoan village, Dang district; Padam Oh; Jhim
Bahadur Chand, held at Tulsipur jail. Torture included beatings, including on
the soles of the feet, and the use of rollers to the thighs.
347. Some 35 police officers reportedly raided the respective homes of Arjun
Bahadar Rana, Gothalo Rana, Nande Rana, Mote Rana and Bire Basnete in Jhureli
village, Khalanga VDC, Jhajharkot district, on 14 March 1996. When the
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villagers denied knowing the whereabouts of suspected Maoist activists, they
were allegedly beaten severely in public with sticks and subjected to stinging
with nettles. In addition, Shanti Ranan (female), aged 13, was allegedly
beaten. The police were said to have subsequently set fire to the homes of
the villagers.
Nigeria
348. By letter dated 6 May 1996 the Special Rapporteur informed the
Government that he had received reports indicating that a number of
the 43 prisoners who were convicted in connection with an alleged attempt to
overthrow the Government in March 1995 had been ill-treated or denied critical
medical treatment. George Mbah, a journalist suffering from neurological
problems, lost consciousness as a result of ill-treatment following his arrest
in May 1995. A number of persons detained from the Ogoni community since 1994
were also reported to have suffered ill-treatment and medical neglect.
Baribor Bera, a co-defendant of since executed Movement for the Survival of
the Ogoni People (MOSOP) leader Ken Saro-Wiwa, was allegedly stripped naked,
tied to a pillar, flogged with a horsewhip, and forced to swallow his teeth
which had been knocked out as a result of beatings. Clement Tunsima, another
member of the Ogoni community detained without charge since May 1994,
reportedly died in August 1995 after suffering medical neglect while in
detention. Benjamin Bere and a number of other persons arrested on
3 June 1994 were held for five weeks by soldiers at a military camp in Eon,
Ogoniland, where they were allegedly beaten each day with a cane, and were
given food only every three days. Benjamin Bere required hospital treatment
for injuries to his back and chest suffered as a result of the beatings.
349. Adoba Bamaiyi, arrested on 6 May 1995 on allegedly trumped-up charges of
robbery, was reportedly subjected to torture, including severe beatings, at
Ajeromi police station, Apapa, Lagos State, as a result of which he was
compelled to write a statement as dictated by his interrogators. He was
transferred to the Anti-Robbery Squad headquarters at Ikeja, where a police
officer allegedly fired a number of shots from a pistol into his left foot,
causing him to lose consciousness. The next day he was allegedly subjected to
further torture, including suspension by an iron rod between two pillars while
his hands were tied behind his back and beatings with an iron bar. He was
released on 15 May and admitted to a military hospital for treatment.
Urgent appeals
350. The Special Rapporteur made an urgent appeal in conjunction with the
Chairman of the Working Group on Arbitrary Detention on behalf of 17 MOSOP
supporters who had been detained in Ogoniland and Port Harcourt since late
March 1996, allegedly to prevent them from meeting with the United Nations
mission that visited the region on 9 and 10 April 1996. They were identified
as Tulee Gokana, Tonny Goddy, Kpoobari Deeker, Yaayaa Sigalo, Bariaalo Kpoora,
Barida Biee, Sunday Torbel, Joseph Deekor, Hawkin Poronen, Adolphus Gbarabe,
Barinem Zighako, Josephine Zighakol, Tembari Mene Gbigha, John Baaba,
Chief Sunday Legbara, Mrs. Mercy Legbara and Bariture Legbara. Some of them
were said to remain detained at a military camp in Afram. In addition,
Ariyakwee Nsirimovu, the Executive Director of Human Rights and Humanitarian
Law (IHRHL) , was reportedly arrested during a raid on IHRHL headquarters in
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Port Harcout on 27 March 1996. The authorities were reportedly looking for
documents, including a report on the trial of Ken Saro-Wiwa. His whereabouts
were unknown.
351. Two other urgent appeals were sent by the Special Rapporteur, one
on 17 June 1996 on behalf of Nnimmo Bassey, Chairman of the Environmental
Rights Action and the Southern Zone of the Civil Liberties Organization, who
was reportedly arrested on 5 June 1996 while leaving Nigeria to attend an
environmental conference in Ghana. The second one was sent on
13 December 1996 on behalf of Olabiyi Durojaiye, founding member of the
National Democratic Coalition, reportedly arrested in Lagos on 3 December 1996
by officers of the State Security Service.
Pakistan
352. By letter dated 9 October 1996 the Special Rapporteur transmitted to the
Government the cases summarized in the paragraphs below.
353. Shanaz, a 13-year-old girl employed as a housemaid in Lahore, was
reportedly raped by her employer's son and threatened with death if she
reported the incident. After her parents approached the employer regarding
the incident, the employer allegedly filed a false case of theft against
Shanaz and, as a consequence, she was arrested in October 1994. After a
habeas corpus petition had been filed in the Lahore High Court by her brother,
she was discovered in the home of a police subinspector in Model Town. The
subinspector had allegedly raped her repeatedly in custody.
354. Kaki, a 15-year-old Hindu girl, was reportedly abducted
on 3 January 1995 from a temple in Giddu, Hyderabad district, by two army
soldiers. A preliminary medical report confirmed that Kaki had been raped.
Her parents allegedly received threats from the police to make them drop the
charges against the soldiers.
355. Niaz Bibi, reportedly detained by the excise police on 1 May 1995
following a raid on her home to search for her brother-in-law, was allegedly
kicked and beaten with sticks by police demanding money from her at the
interrogation centre of the Excise Department.
356. Seema Zarin, a worker for the Mohajir Quami Movement (MQM) , was
reportedly arrested in Nazimabad on 31 August 1995. While interrogated about
her MQM activities at the Crime Investigation Agency (CIA) centre in Civil
Lines, Karachi, she was allegedly blindfolded, beaten and kicked.
357. Aslam Sabzwari, a former MQM counsellor arrested on 6 July 1995 by
plain-clothes officers in Nazimabad, reportedly died following interrogation
in the Special Investigation Cell in the Federal B area of Karachi. The Sindh
government apparently ordered an inquiry into his death.
358. Shazia Bano, a 17-year-old pregnant woman, was allegedly raped by police
officials in front of her husband, Farooq da da, alias Farooq Patni, at their
home in Karachi on 2 August 1995. A number of officers had reportedly raided
the home and severely beaten Farooq, his father-in-law Abdul Samad, and his
brothers-in-law Abdul Wahid (aged 14) and Abdul Abid Abdul Sajid. (It was
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alleged that Farooq was subsequently extrajudicially executed in an
“encounter” at the airport area, while the other family members remained in
custody.)
359. Tariq Hussain Rizvi, an MQM worker arrested by police on 16 August 1995,
was reportedly held incommunicado at CIA Jamshed Quarters police station in
Karachi. He was later transferred to jail, where he died on 1 September. The
autopsy report listed 26 injuries.
360. Farhan Effendi, a journalist, was reportedly abducted by plain-clothes
members of the Rangers in Hyderabad on 14 September 1995 and handed over to
the Cantonment police station the next day. He was allegedly beaten severely.
361. Feroze Uddin, an MQM worker from North Karachi, was reportedly arrested
on 19 September 1995 and remanded in police custody on charges of assault on
public servants. He was eventually taken by police and Rangers before a judge
of a Special Court for the Suppression of Terrorist Activities. The judge
reportedly commented on the numerous injuries to his body and ordered that he
be remanded to judicial rather than police custody and that he be provided
medical care. Those orders were allegedly ignored. He died on 28 or
29 September of gunshots inflicted in an alleged “encounter” with police.
362. Sayeed Hassan, reportedly arrested without charge on 12 December 1995 in
New Karachi, was allegedly beaten by police at Buffer Zone police station in
front of his brother. He died the following day, with his body bearing the
marks of numerous injuries and bruises and his face swollen in the area where
his beard had been pulled out.
363. Shahid Dehalvi, an MQM worker reportedly arrested on 14 December 1995,
was allegedly subjected to torture at New Karachi police station, including
electric shocks, slashes with sharp instruments, burnings with cigarettes and
hot rods, and the removal of his nails and hair. He was reportedly taken to
Hyderabad and extrajudicially executed on 22 December 1995.
364. Ashiq Mugal, an executive member of the Jammu Kashmir National Student
Federation (NSF), was reportedly detained in Muzafarabad, Azad Kashmir, on
9 February 1996. At the police station he was allegedly tortured, including
being hung upside down as well as being placed into an apparatus identified
as a shakania (which is said to have the effect of twisting the body into a
contorted position) , after which a roller was used on his leg. He was later
released and hospitalized.
365. Khoja Hassan Mehmood, a member of the National Executive Council
of the National Awami Party, was reportedly detained in Muzafarabad on
11 February 1996 during a rally in commemoration of the death of Shaid
Mohammad Maqbool Butt. At City police station he was allegedly kicked and
beaten with sticks by about 20 officers. He lost consciousness and awoke
unclothed and in handcuffs and leg fetters at Danna Khaelli police station.
The police allegedly placed him in a shakania with a rope around his neck and
beat and kicked him. During the next two days of interrogation he was
allegedly hung upside down for over 40 hours and warned to discontinue his
political activities.
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366. Mehmood Baig, Chairman of a Muzafarabad college unit of the NSF, was
reportedly arrested at the same rally as Khoja Hassan Mehmood. At City police
station, he was allegedly blindfolded, placed in leg fetters, stripped of his
clothes and subjected to a beating of 30 lashes. On 13 February he was
transferred to Danna Khaelli police station and allegedly subjected to torture
by the police, including beatings with sticks, being forced to consume human
excrement and having a stick inserted into his penis.
367. Amir Khoja, a member of the Jammu Kashmir NSF from Degree College,
Muzafarabad, was reportedly arrested around 11 February 1996 during a rally in
Muzafarabad and then taken to a “torture cell” where he was allegedly punched
and beaten with sticks by around 40 police officers. His torture was said to
include having a stick with chili powder inserted into his anus and beatings
with sticks until he lost consciousness. He was also allegedly hung upside
down with a rope, after which the rope was released, causing him to fall to
the ground and sustain a severe injury to his head.
368. Salim, son of Laila Khan, Landhi, Karachi, was reportedly arrested
on 6 April 1996 and tortured at New Karachi police station. The police
allegedly pulled his legs wide apart, leaving him chronically unable to walk.
369. Rashid Ameen, an MQM worker, was reportedly arrested on 13 April 1996
and remanded into police custody at New Karachi police station. There he was
allegedly subjected to torture, including beatings with rifle butts and
electric drilling. His body was produced by police on 27 April, with the
explanation that he had been killed in an “encounter”. His body was said to
bear signs of mutilation, including deep cuts and a broken arm, leg and nose.
370. Abdus Saboor was reportedly arrested on 8 May 1996 because calls
connected with MQM activities had been made on his phone. At New Karachi
police station he was allegedly hung upside down and subjected to torture,
causing him to vomit blood. He was reportedly left on the street close to his
house and died shortly thereafter. A medical examination was said to have
revealed that his death had resulted from torture.
371. Nasir Bande Ali, an MQM worker, and his brother, Akbar Bande Ali, were
reportedly arrested from their home by an officer of the Khawaja Ajmer Nagri
police station on 12 May 1996. They were allegedly subjected to torture,
including cuts all over their bodies. Nasir Bande Ali was reported to have
been summarily executed by shooting on 23 May 1996.
Urgent appeals
372. On 5 March 1996 the Special Rapporteur made an urgent appeal in
conjunction with the Special Rapporteur on extrajudicial, summary or arbitrary
executions on behalf of Syed Ashraf Ali, Syed Naushad Ali, Syed Nusrat Ali and
Mohammad Saleem, who were reportedly arrested on 29 February 1996, and Tanvir
Adil Siddiqui, Ovais Siddiqui and Azizi Mustafa, who were reportedly arrested
on 27 February 1996. They were all arrested without warrant in Karachi by
members of the Rangers who reportedly handed them over to the police. They
were being held incommunicado.
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Other communications transmitted to the Government
373. On 16 June 1996 the Special Rapporteur together with the Special
Rapporteur on extrajudicial, summary or arbitrary executions and the Special
Rapporteur on the independence of judges and lawyers advised the Government
that they had learned of the murder by two assailants of Nizam Ahmed, a former
Justice of the Sindh High Court and a member of the Pakistan Bar Council, and
his son Nadeen Ahmed. Nizam Ahmed had reportedly been receiving anonymous
death threats in which demands were made that he withdraw a case that he had
filed with the Sindh High Court in Karachi. Although he had reported the
threats to the authorities, no steps were apparently taken to investigate the
threats or provide him with protection. In addition, Nizam Ahmed had
reportedly been questioned by members of the Intelligence Bureau following a
dinner he had with the Special Rapporteur during the latter's visit to
Pakistan in March. Two other persons present, 5.5. Pirzada and Mohammed Akram
Sheikh, were also questioned. Akram Sheikh had received previous death
threats relating to his activities as a lawyer. The Special Rapporteurs
called upon the Government to investigate the threats against and murder
of Nizam Ahmed and Nadeen Ahmed and to investigate the threats against
Akram Sheikh and ensure his safety.
Paraguay
374. By letter dated 6 August 1996 the Special Rapporteur told the
Government that he had received information according to which César Barrios,
aged 18 years, a member of the Conscientious Objection Movement, had been
arrested by soldiers on 4 November 1995 while travelling in a bus towards
the town of Pirapey, Department of Itapua, to take part in a workshop on
conscientious objection. Allegedly, on arrival at the headquarters of the
Third Cavalry Division in Ciudad del Este, they applied to him a cloth
dampened with formalin which put him partially to sleep, so that he fell to
the ground, where they kicked him and threatened to rape him. Next they
reportedly tied him to a chair and threatened him with a knife to make him
give information on the conscientious objection movement in the country. It
is claimed that they used formalin on him a second time and, all through the
night, prevented him from sleeping. During 1995 three other conscientious
objectors were allegedly arrested: Venancio Vera, aged 15, Pablo Osorio,
aged 15, and Sebastimn Coronel. All of them, it is claimed, were arrested
in San Joaquin by the police chief, who handed them over to the Oviedo
Recruitment and Mobilization Centre, where they were allegedly beaten and
subjected to harassment for four days.
Peru
375. By letter dated 16 September 1996 the Special Rapporteur reported to the
Government that he had received information on the cases referred to in the
following paragraphs.
376. Gilber Smnchez Minaya, residing in the locality of La Aguaytia in the
Santa Anita settlement, province of Padre Abad, Department of Ucayali, was
arrested together with other persons on 29 May 1994 by members of the Peruvian
Navy. Taken to the La Aguaytia Naval Base, he was allegedly given electric
shocks and repeatedly beaten.
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377. Irma Villaverde Rios, aged 19, and her partner Guillermo Romero Cierto,
residing in Pucallpa, were arrested on 2 June 1994 by members of the Peruvian
Navy on arrival at the naval checkpoint in Huipoca. Later they were taken to
the Huipoca base and to the one in La Aguaytia (Department of Ucayali) , where
Irma Villaverde was allegedly beaten, raped and subjected to electric shocks.
Guillermo Romero Cierto was allegedly also beaten and subjected to electric
shocks.
378. Jesus Vladimir Osorio Anaya, a student, was arrested on 16 January 1995
during a police operation carried out in the Avenida Universitaria by group
Delta One of the National Directorate against Terrorism (DINCOTE) . He was
taken to DINCOTE premises where he was allegedly kept incommunicado.
Nevertheless, his family was able to receive written notes from him saying
that he had been tortured. On 8 February his family brought habeas corpus
proceedings before the rota criminal court, which ordered forensic medical
examinations whose findings allegedly proved that the detainee bore obvious
lesions, despite the existence of a forensic medical certificate, dated the
day after he was brought to DINCOTE premises, which apparently states that the
detainee displayed no lesions of any kind.
379. David Paullo Morveli was arrested on 6 March 1995 in Jauja, Junin, by
soldiers who took him to the military base at that place, where he allegedly
underwent ill-treatment. As delegate of the peasant community of Cubantia,
province of Satipo, Junin, he had reportedly been arrested on other occasions,
in particular on 3 February 1995, when they had allegedly taken him to a river
bank and tried to drown him, as well as beating him while he was tied to a
tree. At the same time, it was claimed, several soldiers had raped his wife.
A few months later, it was said, David Paullo Morveli and his family left the
country.
380. TomIs Flores Huanio was arrested together with other persons
on 19 April 1995 by Peruvian naval personnel stationed at Contamana,
San Lorenzo, administrative area of the district of Sarayacu, Ucayali, when
he attended a meeting convened by the said personnel. Allegedly, during his
detention he was subjected to torture and was in an extremely enfeebled
condition, which was why he had lodged a complaint with the rota Provincial
Prosecutor's Office, Pucallpa.
381. José Eugenio Chamaya Rumacharis was arrested on 22 September 1995 by
police from the Santa Felicia station, Lima, who allegedly beat him and
submerged him in water. A few hours later he died from cardiac arrest.
A lieutenant and a subordinate member of the national police, considered
responsible for what had occurred, were reportedly placed at the disposal of
the Fortieth Penal Prosecutor's Office, Lima.
382. Justo Otiniano Quiflones, Vice-President of the Conchamarca, La Libertad,
Peasant Patrol, was arrested on 30 March 1996 by army personnel from the
Retamas base. During his detention he was allegedly beaten severely. They
also reportedly bound him hand and foot and threw him into a pool of water,
where they went on beating him.
383. Juan Gutiérrez Silva was arrested on 6 July 1996 by a soldier who
accused him of shooting at his girlfriend and took him to the provincial
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headquarters of the national police at Tocache, San Martin, where he was
allegedly beaten. A medical report is said to have confirmed the presence
of cranial and abdominal injuries and of multiple knife wounds.
384. On the same date as stated above the Special Rapporteur again submitted
to the Government the case of Justiniano Hurtado Torres, first transmitted on
10 July 1995. This person was arrested on 27 November 1994 in the village of
San Pedro de Chio, Humnuco, by navy personnel who allegedly tortured him.
Later he was reportedly handed over to the national police at La Aguaytia.
On 11 December he was taken to the health centre in a coma and died a few
hours later. The Government replied that, during his stay in the premises of
the national police, Mr. Hurtado was properly treated, and that his death
was due to natural causes. Information on this case received later from
non-governmental sources indicates that the provincial prosecutor of
Padre Abad had decided to file definitively the criminal charge of aggravated
homicide brought against the commandant of the La Aguaytia naval base and an
officer of the national police. On 14 February 1996 the Senior Public
Prosecutor of Ucayali ordered that the charge should be filed definitively.
The sources mentioned considered this decision blameworthy since it left the
acts in question unpunished. The Special Rapporteur requested the Government
to provide comments on the reasons for the claim that the death was due to
natural causes, including the forensic medical report if any.
Information received from the Government on cases transmitted in prior years
385. In July 1995 the Special Rapporteur transmitted to the Government the
case of Jhoel HuamIn Garcia, who died while in police custody at Pasco. For
its part, the Government replied that disciplinary measures had been taken
against those responsible. On 15 May 1996 the Government sent supplementary
information according to which the members of the national police force
concerned in the case had been incarcerated at the Cerro de Pasco penal
establishment, with a warrant for their definitive detention.
Urgent appeals and the Government's replies
386. On 3 January 1996 the Special Rapporteur sent, jointly with the
Special Rapporteur on the Independence of Judges and Lawyers, an urgent appeal
on behalf of Lori Berenson, a United States citizen arrested by the police
on 30 November 1995 and charged with participating in acts of terrorism.
387. Another urgent appeal was sent on 5 March 1996, this time on behalf of
Magna de la Cruz VIsquez, a social worker arrested in Lima on 28 February 1996
by members of DINCOTE. On 29 August 1996 the Government reported that she had
been cleared of the charges laid against her.
Philippines
388. On 4 June 1996 the Government replied to a number of cases that the
Special Rapporteur had transmitted on 18 September 1995 (see E/CN.4/35/Add.1,
paras. 559-560 and 562) . The replies are summarized in the paragraphs below.
389. Ruben Palmones was allegedly beaten severely by Philippine Army soldiers
on 10 August 1994. According to the Government, the alleged victim had stated
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that he was not interested in pursuing any case against the soldiers, as he
did not know their identities and because they had only been performing their
job when they brought him to the army camp. Because he did not wish to file a
complaint and because the soldiers were in actual performance of their duty
when the incident occurred, there was no basis to file administrative or
criminal charges against the perpetrators and the file was closed for lack of
evidence.
390. In the cases of Renante Gamara, Pedro Baba Jr., Bonifacio Ilagan,
Bernardo Aragoza and Aria Pagcaliwagan, who were allegedly tortured at a series
of safe houses by officers of the Philippine National Police Corillera
Regional Command (PNP-CRECOM) on 26 August 1994, the personnel who had
participated in their arrest had vehemently denied allegations of torture or
ill-treatment. Records indicated that the detainees had not been tortured or
ill-treated, as evidenced by a medical certificate showing them to be in good
physical and mental condition and revealing no indication of maltreatment or
injury on their bodies. The criminal charges against the alleged victims had
been dismissed by the Provincial Prosecutor for the failure of the personnel
to follow the legal doctrine of “reasonable suspicion founded on probable
cause”.
391. Jerry Buttial, who was allegedly tortured following his arrest
on 31 March 1995, had been charged with the murder of a police officer and
his case was being heard at the Manila Regional Trial Court. During the
custodial investigation he had been duly apprised of his constitutional rights
and had chosen to remain silent. He had been visited by his relatives, as
well as by representatives of non-governmental organizations. He had received
medical examinations at his own request and had been interviewed by the media.
He had never been subjected to torture or any form of harassment.
Poland
392. By letter dated 10 June 1996 the Special Rapporteur advised the
Government that he had received information on the case of Maciej Czarnocki,
who was reportedly beaten by police officers on 30 September 1995 in the
centre of Warsaw. On 9 September 1996 the Government replied that
Maciej Czarnocki had been observed by two officers stumbling in the middle of
the street and had refused to produce his identification. When asked to get
into the police car he had thrown himself on the floor and screamed, “People,
help me.” During the drive in the car he hit his head against the window and
kicked with his feet in the back seat. A doctor who examined him the next
day found bruises on his chest, hands and thighs. On 5 October 1995
Maciej Czarnocki filed notice alleging brutal treatment and theft by the
police officers. The District Prosecutor's Office in r6dmie cie carried out
an investigation and decided on 1 February 1996 to discontinue the proceedings
because the circumstances lacked the characteristics of an offence. As the
decision was issued by a body independent of and superior to the police, the
accusations against the police officers should thus be regarded as unfounded.
393. The Special Rapporteur also transmitted the case of Olaf Nehring, a
German national, who was reportedly pulled out of his car, beaten and kicked
by four police officers on 25 November 1995, near the border between Poland
and Germany. At the police station in Zary he was allegedly kicked, thrown
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down a flight of stairs, dragged up the stairs while being held by his
handcuffs and denied food or drink for two days. He was charged with
assaulting police officers. A medical examination revealed multiple bruising
of the thorax, the left upper arm and wrist, abrasions to the left wrist and
right index finger and both knees and abdominal trauma. The Government
replied that Olaf Nehring, who had been stopped for speeding, had refused to
show his documents and had then pushed a police officer away from his car and
hit him in the face. The police officer then applied measures of direct
coercion, using overpowering grips and handcuffs. Olaf Nehring underwent a
medical examination before being taken to the police detention room, but the
doctor found nothing untoward.
Portugal
394. By letter dated 10 June 1996 the Special Rapporteur informed the
Government that he had received information on the two cases summarized below.
The Government replied to them by letter of 17 September 1996.
395. Joaquim Teixeira reportedly had an argument with officers of the Public
Security Police (PSP) outside a club in Vila Real on 19 June 1995. He was
then arrested and taken to the local police station, where he was allegedly
beaten with a truncheon, kicked and punched. A medical certificate reportedly
indicated that he had received stitches for three head wounds and had
sustained injuries to his back, chest, sides and face. The Government
reported that following the complaint filed by Mr. Teixeira charges of
bodily harm had been brought against one member of the PSP.
396. Duarte Teives, a lawyer, reportedly had an argument with PSP officers
about a parking place. He was allegedly kicked and beaten repeatedly, as a
result of which he suffered a fractured leg. The Government reported that
proceedings on this case were under way.
Information received from the Government with regard to cases included in
previous reports
397. By letter dated 16 October 1996 the Government transmitted information
on the cases mentioned in the following paragraphs.
398. Carlos Robelo, arrested on 3 March 1993 in Lisbon and allegedly beaten
severely by judicial police officers. The Government reported that no
judicial proceedings were initiated with respect to this case. It also
reported that, according to a report from the judicial police, Mr. Robelo's
injuries were due to the fact that he had tried to escape and the police
therefore had to force him into their vehicle. The fractures, however, were
not due to police action.
399. Orlando Correia, allegedly assaulted by judicial police officers
on 9 September 1992 in Guarda prison. According to the Government, the court
in charge of the proceedings decided to file the case for lack of evidence
corroborating Mr. Correia's account of the facts. A similar decision was
taken by the organs in charge of the disciplinary proceedings.
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Republic of Korea
400. By letter dated 24 January 1996 the Special Rapporteur transmitted the
case of Park Chang-hee, aged 63, who was reportedly arrested in April 1995 by
the Agency for National Security and Planning (ANSP) under the National
Security Law. During 19 days of interrogation, he was allegedly subjected to
sleep deprivation, hit with books, and forced against his will to drink
alcohol. This ill-treatment reportedly pressured him into signing a
“confession” to membership of the North Korean Workers' Party. He tried
to withdraw the confession during questioning by the prosecution, but was
allegedly beaten and threatened as a result. On 29 April 1996 the Government
replied that Chang-hee Park had filed a complaint alleging torture and
ill-treatment, which prosecutors were investigating.
401. The Special Rapporteur also transmitted the case of Park Young-saeng, a
staff member of the National Association of Street Vendors, who was reportedly
arrested with 12 other street vendors on 26 August 1995. At Song-dong police
station they were reportedly beaten; Park Young-saeng was allegedly subjected
to various forms of torture while his hands and feet were tied to a stick and
the stick was hung between two tables (the “barbecue” position) . After he
asked to be taken to hospital, he was allegedly strangled and beaten on the
abdomen. He was also reported to have had his mouth taped shut with a
gasoline-soaked towel stuffed into it. The Government replied that
Young-saeng Park had attacked and threatened the investigating officers and
kicked the desk-top glass. There was no evidence to support claims that he
was beaten. He had not been stripped of his clothes, but had taken them off
of his own accord. During his detention, he began to fast and beat his body
against the iron bars. He was therefore handcuffed and bound with a rope and
placed in solitary confinement. As he was continuously yelling and screaming
and keeping the other prisoners from sleeping, a towel was taped around his
mouth, but it was removed after 10 minutes. There was no evidence to support
claims that he was tortured. At the police station he did not make any such
claims, but had alleged torture only at the district court trials.
402. In a subsequent letter dated 24 September 1996 the Special Rapporteur
informed the Government of reports that he had received indicating that during
the course of police operations between 10 and 22 August 1996 against students
from a number of universities staging a demonstration at Yonsei University in
favour of the reunification of the Korean peninsula, a substantial number
of persons were arrested and subjected to severe beatings, including
Ii Seung-joon, Myoung Ho and Yi-Jae Hyun. Others were reportedly injured
by excessive tear-gassing, beatings with batons and being struck by rocks
and tear-gas bombs, including Kim Hyun-ki, Tak Soo-Keun, Oh Seung-joon,
Jung In-sun, Kim Jae-hong and Yoo Jung-hyup.
403. On 20 August, around 5,000 special task force officers reportedly
stormed the general building at Yonsei University. Many of the 1,800 students
inside were allegedly dragged out of the building and beaten with fists and
police batons and some were made to crawl over pieces of broken glass and bomb
shell fragments. A number of female students were allegedly sexually molested
during the course of the operation. Yang Han-seung was allegedly beaten
all over his body by some 10 officers, resulting in injuries requiring
21 stitches. Cho Hyoung-kyu was allegedly kicked in the face by an officer,
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as a result of which teeth were broken, Oh Oon-shik was reportedly struck by
a tear-gas bomb, which damaged his cornea and left him in need of surgery.
404. At the time of the above-mentioned operation in the general building,
some 2,500 students who had been occupying the science building reportedly
began to leave the premises through the west gate of Yonsei University.
Many of the students were allegedly beaten with batons or kicked by police
in the residential area around the gate, including inside some residences.
Park No-chil was allegedly beaten severely on the face, resulting in the
breaking of eight of his teeth and a severe cut to the mouth, and was
subsequently taken to hospital. Kim Kang-shik was allegedly beaten on
the head with batons and taken to hospital, where he received 10 stitches.
Cho Yoon-joo was allegedly kicked and beaten with police batons and shields
after she had fallen down while trying to elude the police. She was then
allegedly beaten further in the police van. A number of students were also
reportedly subjected to ill-treatment following arrest, including Kim Man-soo,
Jung Jae-hoon and Hong Sae-hee.
Romania
405. By letter dated 7 August 1996, the Special Rapporteur transmitted to the
Romanian Government information on the following cases.
406. loan Epure was arrested in March 1993 by the Pa cani police on suspicion
of murder. During the investigation, he was reportedly stripped and beaten
with iron bars and rubber truncheons and his chest compressed with a board
beaten on with a hammer. The Iafl Military Prosecutor's Office had decided
not to prosecute the police officers, but the Bucharest Military Prosecutor's
Office reversed that decision in April 1994, deciding to make a further
investigation.
407. Liviu-Petri or Oprea was taken to the CSmpina police station in
April 1993. When his father came to look for him, he reportedly found him
lying on the ground with signs of blows to the head and nape of the neck. The
hospital to which he was taken is said to have diagnosed cranial and cervical
injuries. The Bucharest Military Prosecutor's Office allegedly decided to
order the police officers responsible to be prosecuted for abusive conduct.
The trial before the Bucharest military tribunal is reported to be under way.
408. Robert Radu, 18 years of age, was reportedly arrested on 10 January 1995
in Constanta for attempted rape. He was allegedly beaten at the municipal
police station, then taken to hospital and admitted for treatment of multiple
contusions, an open fracture and bruises. An investigation has reportedly
been opened.
409. Ilie Cojoc was reportedly arrested on 14 January 1995 and taken without
explanation to the Suceava departmental police station, where he was beaten
during his four days of detention. The medical certificate allegedly
mentions, inter alia , multiple lesions on his entire body and inflamed and
infected kidneys. Four police officers are said to have been charged with
illegal arrest and investigation.
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410. Kiss Istvan was reportedly visited on 23 January 1995 by three police
officers who were to escort him to the Satu-Mare tribunal, where he was
scheduled to appear as a witness. Two hours later, he was allegedly found in
the street near the police station in a very serious condition. He was
reportedly rushed to the hospital, where he died.
411. Viorel Constantin was reportedly beaten severely by police officers and
two constables from whom he had requested an explanation regarding the
ill-treatment inflicted several days previously on his 14-year-old son for
failure to carry an identity card. The alleged incident took place on
2 April 1995 outside a bar in Tändärei (125 kilometres east of Bucharest)
The certificate issued on the following day by the Slobozia forensic
laboratory indicated, inter alia , the presence of multiple contusions on his
chest and back, a cracked clavicle and a ruptured left eardrum.
412. Gabriel Mitu, 16 years of age, was reportedly arrested on 3 July 1995 on
suspicion of theft and taken to the Suditi (lalomita) police station. When
his father-in-law, Alfred Panä, came to request an explanation of this arrest,
he too was arrested and beaten. In particular, the police chief and his
assistant are alleged to have beaten Mr. Panä's head against the walls. It is
reported that Gabriel Mitu and Alfred Panã were released on the following day.
Alfred Panä allegedly complained of headaches and abdominal pains and, on
6 April 1996, was reportedly found dead. An investigation has allegedly been
opened by the Bucharest Military Prosecutor's Office.
Information received from the Government on cases included in previous reports
413. By letter dated 8 January 1996, the Romanian Government provided further
information on the following cases transmitted by the Special Rapporteur
in 1993 and 1994.
414. Viorel Baciu was reportedly tortured in 1988 at the Suceava police
station in an effort to make him confess to the crimes of which he was
accused. According to the Romanian Government, two police officers were
prosecuted during 1994 by the Bacau military prosecutor.
415. Mihai Poteras was reportedly beaten in 1993 at the Pascani police
station. According to the Romanian Government, the lasi Military Court
sentenced two police officers to one and two years of prison, respectively,
for illegal investigation.
416. Gheorghe and Dorm Anghel were reportedly beaten by police officers on
3 August 1994 in Sugag. According to information provided by the Romanian
Government, the military prosecutor decided not to prosecute the police
officers.
Russian Federation
417. By letter dated 23 September 1996 the Special Rapporteur advised the
Government that he had continued to receive information concerning cases of
persons allegedly tortured or ill-treated during the course of military
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operations in the Chechen Republic. The allegations from the Chechen Republic
as well as two other cases transmitted to the Government are summarized in the
paragraphs below.
418. Magomed Butsaev, a senior instructor in a railway civilian guard unit,
and a number of his fellow villagers, including Ruslan Serbev, Salman
Tselikov, Katash, Yahya Beisultanov, Wahid Magomadov, Aslan Ginaev, Subyar
Daudov, Ali Chadyev (a Chervlenaya military administration chief) , Ramzan
Tolsultanov, Beslan Tolsultanov, Khalazhi Gabarov and Pasha, were reportedly
detained in Chervlenaya and beaten at a nearby base by soldiers wearing masks
on 14 January 1995. On 15 and 16 January the detainees were allegedly
threatened with death and made to stay motionless on their knees with their
hands tied behind their backs; those who moved were beaten. A number of the
detainees were subsequently transferred to the “filtration” camp in Mozdok and
subjected to further beatings. Magomed Butsaev was allegedly given electric
shocks during interrogation by masked officials, before being released on
24 January. The detainees were said to have sustained bruises and some,
including Magomed Butsaev and Yahya Beisultanov, reportedly suffered broken
ribs. Magomed Butsaev subsequently left Chervlenaya to receive medical
treatment in Dagestan.
419. Salimhan Sultanovich Temurziev, an Ingush living in Grozny, was
reportedly detained by Russian soldiers on 9 January 1995. At the army
headquarters at a cannery, he was allegedly tied to a pole, beaten, cut with
knives and burned with cigarette butts. He was subsequently transferred to
the “filtration” camp at Mozdok where he was allegedly beaten with clubs,
kicked and punched in order to make him confess to taking part in rebel
activities.
420. Magomed-Rashid Akhmetovich Pliev, an Ingush journalist residing in
Grozny, was reportedly detained on 17 January 1995. At the Mozdok
“filtration” camp, he was allegedly beaten, including with clubs and rifle
butts, and subjected to electric shocks. The reported purpose of the torture
was to coerce him into admitting to being a Chechen rebel fighter. He was
released on 24 January and removed to Ingushetia.
421. Wahid Mikhailovich Tsomaev was reportedly detained in Assinovskaya
on 18 January 1995, having fled there from Grozny to escape the war. He was
taken to Mozdok and allegedly beaten, hung by his handcuffs and subjected
repeatedly to electric shocks. On 26 January he was taken by helicopter to
Khasavyurt, Dagestan, where he was reportedly exchanged for Russian prisoners
of war.
422. Shahid Isidovich Batashev was reportedly detained on 29 January 1995 at
a checkpoint near Assinovskaya and allegedly beaten while blindfolded with his
hands tied. He was subsequently transferred to the airport at Sleptsovskaya,
where officials allegedly broke his nose with a club and broke his jaw with a
rifle butt. He was then transported to Mozdok by helicopter and allegedly
beaten again, before being released four days later. In addition to the
broken nose and jaw he was also said to have sustained three broken ribs and
injuries to his liver and to a kidney.
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423. Olga Sokulova was allegedly raped by four masked soldiers during a raid
on her house in Assinovskaya in January 1995.
424. Isani Hanoev, a villager from Assinovskaya, was reportedly detained
on 25 March 1995, along with his father and two other villagers. The four men
were allegedly blindfolded and beaten before being taken to a nearby army
base, where Isani Hanoev was tortured and subjected to electric shocks. They
were transferred to Mozdok by helicopter on 29 March. During the journey and
upon their arrival at the airport they were reportedly beaten with rifle
butts and kicked. Isani Hanoev was released on 6 April after signing a
“no-grievance” statement.
425. Ruman Suleimanov and his 16-year-old brother, Adlan Suleimanov, were
reportedly beaten by soldiers at their home in Samashki on 8 April 1995.
Ruman and about 80 other detainees were later taken to an army base in the
Sunzha mountain range and were allegedly beaten along the way. After being
interrogated and released at Saptsovskaya, Ruman was reportedly hospitalized
for injuries suffered as a result of the severe beatings, including three
broken ribs and a fractured thigh-bone.
426. Makhmudemin Denisultaevich Iziev, reportedly detained at a checkpoint of
the Interior Ministry forces (MVD) between Samashki and Sernovodsk on
7 April 1995, was taken in a car blindfolded and handcuffed along with a
number of other detainees to a location near Assinovskaya. There he was
allegedly beaten repeatedly, especially on the kidneys and chest. He was also
allegedly subjected to electric shocks, including to the mouth. He reportedly
lost consciousness several times and suffered burns to his nose. He was
transferred by helicopter to Mozdok on 10 April and allegedly beaten again,
before being released on 18 April.
427. Dmitry Valeryevich Kalitsinsky, V.N. Uyupin and K.E. Shekhovtsov were
reportedly arrested on 4 November 1994 by police officers in Uglegorsk,
Sikhalin region, in connection with a robbery which had occurred on the
previous evening. Uyupin and Shekhovtsov were driven into the outlying hills
and allegedly beaten with iron rods in order to make them confess to the
robbery. Shekhovtsov was then reportedly taken to a cemetery, shown a pistol
and told to dig his own grave, after which he admitted to robbing the shop.
Kalitsinsky was taken to the police station in Uglegorsk where he was
allegedly beaten and hit over the head with a chair so that he would confess
to the robbery. Later all three detainees were allegedly beaten by police
officers. Kalitsinsky was allegedly chained to a radiator, beaten and kicked,
causing him to suffer a concussion and bruised ribs. On 7 November,
Kalitsinsky reportedly informed the district procurator that officers had
ill-treated him, but no action was taken. He was released on 2 December 1994,
but rearrested three days later, allegedly because had told his family and
villagers about his ill-treatment. He filed a statement against the officers
allegedly responsible in July 1995, but withdrew it under pressure from
officials in prison. The three men were reportedly convicted of the offence,
despite the fact that Kalitsinsky and Shekhovtsov had withdrawn statements
that had allegedly been extracted under torture. Kalitsinsky was given a
six-year custodial sentence on 6 March 1996.
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428. Sultan Kurbanov, a Chechen living in Moscow, was reportedly detained
from his flat in Moscow by two police officers on 16 January 1996. He and his
family were told that he was to be taken to police headquarters at Ulitsa
Petrovka 38, but he was instead brought to a warehouse or depot in the region
of Kuntsova. There some ten persons emerged from a bus parked nearby and
allegedly beat him severely with batons and sticks. A local person who
discovered him wounded on the street took him to the nearest police station,
but the police allegedly refused to help. A relative later took him to Moscow
city hospital number one, where he allegedly overheard a conversation among
nurses to the effect that under orders from the head doctor, they could not
treat Chechens. The relative then reportedly told the hospital staff that
Sultan Kurbanov was Ossetian, after which he received treatment, including
stitches to wounds on his face and head.
Urgent appeals
429. On 20 March 1995 the Special Rapporteur transmitted an urgent appeal in
conjunction with the Special Rapporteur on extrajudicial, summary or arbitrary
executions and the Special Representative of the Secretary-General on
internally displaced persons, concerning the situation in the Chechen
Republic. A large number of persons had reportedly been killed, some
deliberately, and many injured persons were trapped in Sernovodsk, following
military operations. Humanitarian aid workers had been denied access to the
area. Men between the ages of 16 and 55 in the towns of Sernovodsk and
Samashki were reportedly being transferred to “filtration” camps.
Information received from the Government on cases included in previous reports
430. By letter dated 29 February 1996, the Government replied to the
allegations the Special Rapporteur had transmitted in his letter of
18 September 1995 (see E/CN.4/1996/35, para. 140 and E/CN.4/1996/35/Add.1,
paras. 568-573) . Concerning the situation in the Chechen Republic, the
Government stated that in the course of measures to restore the constitutional
order in areas marked by fighting, some persons had been lawfully detained to
check their identity and possible participation in serious crimes. From the
time temporary “filtration” points had opened until 13 December 1995,
1,416 persons had passed through such points and 222 of them had been
exchanged with the Dudaev faction. Seventy per cent of the detainees had been
released after verification of their identities, while those suspected of
having committed serious crimes had been sent to remand centres in Stavropol
and Pyatigorsk. Many of the detainees, having come from areas of armed
conflict, had sustained physical injuries. They had been given the necessary
medical assistance. The office of the interregional procurator had constantly
monitored the legality of their detention. Places of detention had been
systematically visited by representatives of the International Committee of
the Red Cross and the Organization for Security and Cooperation in Europe,
deputies of the State Duma, leaders of the Chechen Republic and
representatives of the mass media and of human rights organizations. They had
been given the opportunity to hold confidential conversations with the
detainees. No instances of human rights violations or violations of the law
had come to light and no complaints or declarations of mistreatment of
detainees had been made.
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431. With regard to the individual cases from the Chechen Republic that the
Special Rapporteur had transmitted, Chingizkhan Uveysovich Amirkhanov had been
held in Mozdok from 11 to 16 January 1995 and Magomed Maksharipovich Meyriyev
had been held in Mozdok from 12 January to 15 February 1995; they were later
transferred to the remand prisons in Pyatigorsk and Stavropol respectively.
Criminal proceedings had been instituted by the Office of the Procurator of
the Ingush Republic for violations of law by these two men and by Azamat
Paragulov. The investigatory authorities as yet had no evidence of violence
having been used against these persons. To ensure that the matter would be
investigated by qualified personnel, it had been transferred to the Caucasian
Interregional Procurator's office. The investigation was being monitored by
the Office of the Procurator-General of the Russian Federation.
432. As to the case of Andrei Vyacheslavovich Altukhov, who had allegedly
been beaten nearly to death by police in Orel on 2 September 1993, he had been
sentenced by the Zheleznodorzhny District People's Court in Orel in March 1994
to five years' imprisonment for theft. The Orel Regional Court had upheld the
sentence. His allegation that the law was breached and that illegal methods
were used against him during the investigation were checked and were proven
unfounded.
433. In a subsequent letter dated 19 June 1996, the Government replied to the
case of Arutyunyan Artyom and Karapetyan Karen, which had been transmitted by
the Special Rapporteur in his letter of 12 December 1995 (see
E/CN.4/1996/35/Add.1, para 574) . They had allegedly been ill-treated at the
Central Anti-Crime Department in Moscow in November 1995. The Government
stated that A.G. Arutyunyan and K.P. Karapetyan had been arrested on
19 November 1995 on a complaint concerning an abduction by officers from the
8th section of the Regional Directorate for Organized-Crime Control of the
Chief Directorate of Internal Affairs (RDOCD CDIA) . They were subsequently
released, pending an investigation of the abduction case. They claimed that
RDOCD CDIA officers had beaten them and forced them to give evidence. After
an inquiry by the city procurator's office, criminal proceedings were
instituted under article 171, section 2, of the Russian Criminal Code
(exceeding of power or official authority) . The investigations, which were at
a preliminary stage, were being undertaken by Moscow's Koptevskaya
inter-district procurator's office.
Saudi Arabia
434. The Special Rapporteur made two urgent appeals on behalf of persons who
had been sentenced to flogging. The first appeal, transmitted on
11 April 1996, concerned two secondary school students who had been sentenced
by an Islamic court in Taif on 25 March 1996 for assaulting a teacher.
Nasir Al-Shibani was to receive a three-month prison sentence and 210 lashes,
70 of which were to be administered before teachers and fellow students.
Muhammad Majed al Shibani was to receive two months' imprisonment and
150 lashes, 75 of which were to be given in front of students and teachers.
The second appeal, transmitted on 1 August 1996, was made on behalf of
Emad Abd el-Raouf Mohamed Said, an Egyptian national detained in Alma prison
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in Abha, who was reportedly sentenced in May 1996 to 120 lashes and five
months' imprisonment for theft. He was said to have already received
80 lashes, with the remaining lashes to be administered on or around
S August 1996.
435. The Government replied to the two flogging appeals on 20 November 1996.
The Government also replied on 23 February 1996 to three urgent appeals
concerning flogging that had been transmitted in 1995 (see
E/CN.4/1996/35/Add.1, paras. 587-589) . In the replies, the Government stated
that it greatly regretted the Special Rapporteur's description of legal
judgements handed down by a Shari'a court in an Islamic country as falling
within the category of torture and cruel, inhuman or degrading treatment. The
Government's regret bordered on indignation in the light of the Special
Rapporteur's urging that it refrain from applying the penalty of flogging to
those criminals. Flogging is a penalty prescribed by the Islamic Shari'a,
which the Government considers to be a true source of security, right and
justice. The supremacy of Shari'a was too great and sublime to be questioned
by anyone, since it is God's law applicable to his servants and He knows best
what is beneficial or detrimental to His creation. When a Shari'a court
passes a sentence, the Government's role is to implement it, without
intervening to have it increased or reduced, since everyone is convinced that
the sentence is just, as it was handed down in the light of a fair trial in
accordance with the Islamic legal system. Both the Declaration on the
Protection of All Persons from Being Subjected to Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment and the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
stipulate that torture “does not include pain or suffering arising only from,
inherent in or incidental to, lawful sanctions Thus, flogging is
excluded from the definition of torture. Flogging is a penalty prescribed by
the Shari'a on the implementation of which Islam insists in order to safeguard
security and stability and establish standards and morals.
436. The Special Rapporteur made an urgent appeal on 6 March 1996 on behalf
of Muhammad Samir Said Aljabari, a 60-year-old national of Jordan and civil
servant in the Saudi Arabia General Accountancy Department, who was reportedly
arrested in July or August 1995 in Riyadh and was being held incommunicado in
Taif, where he had allegedly been subjected to torture. On 6 May 1996 the
Government replied that he was under investigation, the results of which would
be presented before the court. He had not been subjected to any kind of
torture and had been allowed to contact his relatives in Jordan.
437. The Special Rapporteur made an urgent appeal on 9 April 1996 on behalf
of Dr. Abdul Rahim Turan Gari Bai, who was reportedly arrested in early 1995
in Jeddah in connection with suspected political activities. He was said to
have been held without charge or access to legal representation since his
arrest and to have been subjected to torture. On 20 November 1996 the
Government replied that during the investigation, he had enjoyed the legally
stipulated guarantees protecting accused persons and had not been subjected to
any form of pressure, coercion or torture.
438. The Special Rapporteur made an urgent appeal on 22 July 1996 on behalf
of Abdullah Abbas al-Ahmad, Kamil Abbas al-Ahmad, Muhammad Ibrahim al-Ibrahim,
Nasser ‘Ali Rahim and Ali Hassan al-Dawood, who were among dozens of suspected
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political and religious oppositionists reportedly detained by General
Intelligence in al-Qatif, Sayhat, Turaif, al-Jarudy and al-Awamiya during the
first half of July 1996. They were said to be held incommunicado at the
General Intelligence building in Damman.
Senegal
439. By letter dated 10 October 1996, the Special Rapporteur informed the
Government that it had received information concerning the cases summarized
below.
440. Marêne Ndiaye was arrested in September 1994 for receipt of stolen goods
and taken to a police station in Dakar, where she was reportedly tortured and
then released on the same day. The following day, she allegedly came to the
police station in order to file a complaint. She is then said to have been
arrested for a second time and taken to the beach, where several police
officers raped her and poured a flammable solvent over her genital. She
reportedly filed a complaint in September 1994 and, in July 1995, a police
superintendent and four police officers are said to have been arrested.
441. louba Badji, said to be a local official of the Mouvement des forces
démocratiques de Casamance (MFDC) , was reportedly arrested by soldiers on
24 January 1995 in his village, district of Niaguis, and tortured in order to
extract a confession. In particular, melted plastic was allegedly poured over
his body. It is reported that he was then murdered by hanging and his body
buried by the soldiers.
442. Bakary Diédhiou was reportedly arrested and tortured by soldiers
on 19 February 1995 in Bouloum, near Niaguis. They allegedly poured melted
plastic over his body, leaving him with second- and third-degree burns. He is
said to have died as a result of this torture.
443. Anice Sambou was reportedly arrested during the night of 4-5 April 1995
in Niaguis. The authorities are said to have suspected him of complicity with
members of an armed independence movement. He was allegedly beaten with a
rifle butt and died before arrival at the prison. According to some sources,
his throat was slit at the Niaguis military camp.
444. According to information received, many acts of torture are directly
linked to the situation in Casamance. For example, in 1995, it is alleged
that most of those arrested in that region as a result of massive police raids
were tortured during the first few days of detention. These acts reportedly
took place at the central police station in Ziguinchor, in the Nema district.
The detainees were then allegedly beaten and tortured in order to extract
confessions or information regarding their supposed ties with the MFDC. The
mayor of Goudoump, Demba Ndiaye, is also said to have been subjected to
torture, which included blows to the nose and ears, but no investigation
appears to have been opened.
Follow-up to cases transmitted in the past
445. On 3 March 1994, the Special Rapporteur addressed an urgent appeal to
the Government concerning Lamine Samb, who had been arrested on 17 February in
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Dakar and had died two days later at the main hospital. On 8 July 1994, the
Government, denying the accusations of ill-treatment, reported that
Lamine Samb had been hospitalized for vomiting and dizziness and that his
autopsy showed that his death had been due to a heart attack. However,
according to recently received information, Lamine Samb was deprived of food
and tortured while in detention. In particular, he is reported to have been
hung head-down by the ankles. The results of his autopsy have reportedly not
been made public.
Slovak Republic
446. By letter dated 10 June 1996 the Special Rapporteur advised the
Government that he had received information on the case of Lubomir Pollak, who
was reportedly approached by several police officers while photographing a
student demonstration in Bratislava on 6 September 1995. At the police
station in GunduliLleva Street, he was allegedly subjected to ill-treatment,
including a karate chop to his neck, pulling off his ears, several kicks,
including one to the groin, and having a breathalyser forced into his mouth
against his will. On 3 October 1996 the Government replied that
Lubomir Pollak had been taken to the police station after he refused to show
his identification. Because of his aggressiveness, he was handcuffed and
self-defence grips were used against him. An investigation undertaken by the
Office of the Inspection Service of the Police Corps and the Office of the
District Prosecutor in Bratislava resulted in the filing of the case. The
Government attached to its reply a copy of the report of the psychiatrist who
examined Lubomir Pollak and diagnosed acute stress disorder.
Spain
447. By letter dated 11 July 1996, the Special Rapporteur informed the
Government that he had received information concerning the cases summarized
in the following paragraphs. The Government replied in a letter dated
26 September 1996.
448. Manuel Enrico Carvalho, a Portuguese citizen of Mozambican origin
residing legally in Spain, was reportedly arrested in Madrid on
8 November 1994 by two officers of the national police while walking down the
street in a normal manner. While being searched, he is said to have been
kicked and his head struck repeatedly against a wall. It is reported that
several hours later he received medical treatment for wounds to his head, jaw
and legs. He was reportedly released the following day without having been
charged and subsequently lodged a complaint. The Government reported that the
person had categorically refused to produce his identity papers and had
insulted the police officers who had requested them, which had led to his
arrest. When he had resisted arrest, the police had been obliged to use the
minimum force necessary to subdue him. The Madrid Police Headquarters
provided the relevant confidential information on the events, granting access
to their provisional records on 30 May 1995, in view of the lack of any
evidence of responsibility on the part of the police officers.
449. Sotero Etxandi was reportedly arrested on 27 February 1995 by the Civil
Guard in the town of Arraioz, Nafarroa. He later informed the National High
Court that he had received blows to his entire body and that his head had been
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covered with a plastic bag until he lost consciousness. The judge reportedly
ordered him to be examined by a forensic physician. The Government has
transmitted copies of records of the judicial proceedings related to his
arrest, including the report of the forensic physician ordered by the National
High Court. According to that report, the detainee failed to respond when
asked what treatment he had received. It is not indicated whether an
investigation was carried out or whether a complaint was lodged for
ill-treatment.
450. The Special Rapporteur also retransmitted to the Government the
following cases with a request for additional information concerning the
replies previously provided.
451. Kepa Urra Guridi was reportedly tortured after arrest by the Civil Guard
in Basauri on 29 January 1992. This case was transmitted to the Government on
26 August 1993, which replied in letters dated 13 December 1993 and
27 October 1994 (E/CN.4/1994/31, paras. 485-487). The Special Rapporteur
asked whether a judicial decision had been handed down and, if so, requested
details thereof. The Government replied that the appeal on the grounds of
torture had been rejected at first and second instance.
452. José Francisco Lizaso Azkonobieta was reportedly tortured by members of
the Civil Guard after being arrested in Usurbil, Guipuzcoa on 5 June 1994.
The case was transmitted to the Government on 11 April 1995, which replied in
a letter dated 18 July 1995 (E/CN.4/1996/35/Add.1, para. 611) . The Special
Rapporteur also requested information concerning the results of the
investigation into this case that had been ordered by the second division of
the National High Court. The Government replied that on 26 January 1996, the
court had ordered the case to be dismissed and archived.
453. José Ramôn Diaz SIenz and Emilio Collazos Vega were reportedly tortured
by police officers after being arrested in Vitoria on 2 March 1994. Their
cases were transmitted to the Government on 11 April 1995, which replied in a
letter dated 18 July 1995 (E/CN.4/1996/35/Add.1, para. 613) . The Special
Rapporteur asked to be informed whether the investigation ordered by the
second Court of Investigation of Vitoria-Gasteiz had been completed and, if
so, what the result had been. The Government replied that the proceedings
were still pending in anticipation of the filing of charges by the Office of
the Prosecutor, which would take place in the near future.
Sudan
454. By letter dated 13 September 1996 the Special Rapporteur transmitted the
cases summarized in the paragraphs below.
455. Gift Matayo Warille, a southern Sudanese student, was reportedly
arrested on 1 January 1995 in Khartoum for having attended while he was abroad
a public meeting led by the leader of the Sudan People's Liberation Army
(SPLA) . He was found in May 1995 in a military barracks in Khartoum with the
right side of his body paralysed, allegedly as a result of his having been
tortured. He reportedly died from his injuries one month later.
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456. Mohamed Osman, a suspected opponent of the Government, was reportedly
arrested in February 1995 and held at the “City Bank” secret detention centre.
He was allegedly handcuffed to the door of his cell in a standing position for
two days and beaten in the courtyard of the detention centre.
457. Ibrahim Fateh al-Rahman, a student at the University of Khartoum, was
one of 23 students and university graduates reportedly arrested by security
forces on 2 September 1996 in al-Thawra, a suburb of Omdurman. He was
allegedly tortured, resulting in his suffering fractured ribs.
458. Reverend Phillip Abbas Gaboush, a cleric in his eighties from the
Episcopal Church of Sudan, was reportedly arrested in late 1995 and taken to a
secret place of detention, where he was allegedly kicked repeatedly, beaten
and deprived of food and water for two nights.
459. The following persons were reportedly arrested on 14 January 1996 and
held until 18 May 1996 at the premises of the Executive Security: Taj Elsir
Mekki Abu Zeid, Ibrahim Bilal, Mustafa Awad El-Kariem, Saif Eldeen El-Gadal,
Abdalla Ali Adam, Ahmed El-toom Ali, Ahmed Suleiman Khogaly, Wadi, Ismail Musa
Hamad, Mohammed Abu El-Kasim, Ibrahim Mohammed Ibrahim, Aid Fadl,
Musa Ibrahim, Ahmed Abdel Rahaman, Abu Bakr Abbas, El-Hadi Tanjoor, Fadl Ahmed
Nail, Awad Aman Alla and Yahia Adam. During their detention, they were held
incommunicado and allegedly subjected to torture, which included beatings,
lashings, hanging from the legs and hands while being doused with ice-cold
water, sleep deprivation, enforced standing, prolonged standing on tip-toes
and confinement to freezing cells. Some of the detainees were reportedly
forced under torture to confess to activities in support of opposition groups
operating out of Eritrea. The detainees were taken before a judge on 18 May,
but they reportedly refused to confirm the confessions allegedly extracted
through torture.
460. The Special Rapporteur also informed the Government of a follow-up
report he had received from the source of his 13 June 1996 urgent appeal on
behalf of Ali Habeeb Alla and Adil Karrar (see below) . According to the
information, Ali Habeeb Alla, whose actual age was 70, was transferred to a
military hospital on 3 July 1996 after allegedly being subjected to torture,
including severe beatings with plastic water hoses and being forced to walk
across a hot iron.
Urgent appeals transmitted and replies received
461. On 12 February 1996 the Special Rapporteur made an urgent appeal in
conjunction with the Special Rapporteur on the situation of human rights in
the Sudan on behalf of Lieutenant Ahmed al-Badawi (ret.) and Farah Hasan
Suleiman, who were reportedly arrested by the security forces in Khartoum on
29 January 1996, and Dr. Atif Muhammad Idris, Musleh Salim Saeed,
Babiker Muhammad Qarib Allah, Osman Muhammad Qarib Allah and Muhy al-Din Ali
Daoud who were reportedly arrested in Khartoum on 31 January 1996. All of
these persons were said to have been arrested in connection with their alleged
involvement with the opposition organization Alliance of National Democratic
Forces. On 31 May 1996 the Government replied that retired lieutenant Ahmed
al-Badawi had been arrested on 19 January 1996 and was under investigation.
Dr. Atif Muhammaed Idris had been arrested on 20 January 1996 and released on
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18 February 1996. Musleh Salim Saeed had been arrested on 13 January 1996 and
released the same day. All three men had been arrested because of their
political activities. The other four persons mentioned in the urgent appeal
had not been arrested at any time.
462. On 23 February 1996 the Special Rapporteur made an urgent appeal on
behalf of al-Sir Mekki Abu Zeid, Hassabu Ibrahim, Walid Abu Seif and Ahmad
al-Tom, who were said to be members of the Alliance of National Democratic
Forces. They were reportedly arrested during the first week of February 1996
in Khartoum by members of the security forces. Their whereabouts were
unknown.
463. On 4 June 1996 the Special Rapporteur made an urgent appeal in
conjunction with the Special Rapporteur on the situation of human rights in
the Sudan and the Special Rapporteur on extrajudicial, summary or arbitrary
executions on behalf of 19 men convicted of armed robbery by a court in North
Darfurhad between 16 and 25 May 1996. Reportedly, six of the men were to
hang; three were to be hanged until dead, after which their bodies would be
publicly crucified; and 10 were to suffer amputation of their right hand and
left foot (cross-limb amputation)
464. On 13 June 1996 the Special Rapporteur made an urgent appeal on behalf
of the following trade unionists, reportedly arrested in Khartoum on
4 June 1996: Mahjoub al-Zubeir, Yahya Ali Abdullah, Minallah Abdelwahab
Eissa, all former officers of the Sudanese Workers Trade Union (SWTUF) ; Yahya
Saleh Mukwar, a former Sudan Doctors' Union official; Nasur Ali Nasur and Awad
al-Karim Mohamed Ahmed. They had not been charged or brought to court and
their whereabouts were unknown. The Special Rapporteur also appealed on
behalf of Ali Habeeb Alla and Adil Karrar, who were reportedly arrested on
16 May 1996 and were being held incommunicado in Kober prison. They both
suffered medical problems. (The Special Rapporteur subsequently received
information indicating that Ali Habeeb Alla had been tortured, as described in
his letter of 13 September 1996 and summarized above.)
465. On 28 June 1996 the Special Rapporteur made an urgent appeal in
conjunction with the Chairman of the Working Group on Arbitrary Detention and
the Special Rapporteur on the situation of human rights in the Sudan on behalf
of a number of persons who had reportedly been arrested during the preceding
10 days, allegedly for political reasons, and were being held incommunicado in
the security service wing of Kober central prison. Among those reported to be
detained were Mohammed El-Hafiz, Kamil Abdel-Rahaman El-Sik, Taha Sorij,
Ali Isailat, Dali Rahmtalla, Abdalla Malik, Abdalla Abdel-Aziz, Omar Abdalla
Jadalla, Ali Habiballa (aged 63) , Kamal Abdel-Karim Mirghani, El-Ustaz
El-Buhra, El-Hag Osman, Mohammed Mahjoub (aged 66) , Taha Mohammed Taha,
Mohammed Suleiman, Adil Karrar and Jthdel-Karim Karouma (aged 78) . Some of the
detainees had allegedly been subjected to torture, including beatings and
lashings. A number of the detainees were also reportedly being denied
necessary medical attention.
466. On 10 July 1996 the Special Rapporteur made an urgent appeal in
conjunction with the Special Rapporteur on the situation of human rights in
the Sudan on behalf of Galal Hamid (former Director of the Gezira
(agriculture) Scheme) , Taj al-Sir Ahmad Abdallahi (President of Ahli Football
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Club) , al-Kheir All Arbab, Abdeen Miheisi, Osman Abdelgader, Mohamed
Abdelghafar and Mubarak Mohamed al-Hassan. They were among 30 men arrested on
or around 23 June 1996 In Wad Medani In connection with alleged oppositionist
activities. They were reportedly undergoing interrogation while held
incommunicado in Sudan Security detention centres in Wad Medani and Barakat.
467. On 25 July 1996 the Special Rapporteur made an urgent appeal in
conjunction with the Special Rapporteur on the situation of human rights in
the Sudan on behalf of Moneim Attia and Nagib Nejm al-Din, former Secretary
General of the Sudan Doctors' Union, who were reportedly arrested in Khartoum
on 8 and 13 July 1996 respectively. Nagib Nejm al-Din was taken to the
security headquarters in Khartoum before being transferred to Khober prison on
or around 20 July. The whereabouts of Moneim Attia were unknown. They were
said to have been detained on suspicion of supporting the banned National
Democratic Alliance (NDA)
468. On 16 August 1996 the Special Rapporteur made an urgent appeal on behalf
of Mahamat Ousmane and Ahmat Abdoulaye, members of the Chadian armed
opposition group National Council for Recovery, as well as Faki Adam, a member
of the Dissident Chadian National Army. It was reported that they were among
10 Chadian nationals arrested around 25 July 1996 in the Sudanese town of
El Généima, near the Chadian border, by members of the Sudanese security
forces. They were said to remain in detention without charge in El Généima
prison, where they were feared to be at risk of torture. It was also feared
that they may be facing forcible return to Chad, where they would also be at
risk of torture and other human rights violations.
469. On 13 September 1996 the Special Rapporteur made an urgent appeal in
conjunction with the Chairman of the Working Group on Arbitrary Detention, the
Special Rapporteur on extrajudicial, summary or arbitrary detention and the
Special Rapporteur on the situation of human rights in the Sudan on behalf of
65 persons reportedly arrested in Port Sudan on 15 August 1996 on suspicion of
attempting a coup d'etat . Among those detained were the following military
officers: Gamal lusuf, Bushra Hamid Burma, Tariq Abu Abdu, Kamal al-Tigani,
Faud Salih, Osman Atiat Allah, Jaknoon, Salah Karboni, Mohamed Mahmud,
Abdallah al-Tayeb, Camillio Luthali, Salah Ahmad al-Jaber, Naser Kamal,
Hassan al-Khatib, ‘Abd al-Maroug Hussein, al-Dardiri haf Ahmad, Ali Abbas Ali,
and Taj al-Sir Sarbil. They were being held incommunicado and without charge.
Concern was also expressed for the situation of the Chadian nationals
mentioned in the urgent appeal of the Special Rapporteur of 16 August 1996.
Information received from the Government on cases mentioned in previous
reports
470. On 14 February 1996 the Government replied to several cases that had
been transmitted by the Special Rapporteur on 11 July 1994 (see
E/CN.4/1995/34, paras. 683, 684 and 687) and to one case transmitted
on 18 September 1995 (see E/CN./1996/35/Add.1, para. 632).
471. With respect to Brigadier Mohamed Ahmed al-Rayah (ret.), who had
allegedly been tortured extensively at a number of locations from
20 August 1991 through late 1993, the Government stated that he had been
sentenced to 10 years' imprisonment. The court had recommended that he be
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awarded special treatment because of his senior rank in the army and thus he
was exempted from wearing a prison uniform and was receiving many visits from
his family and lawyers. He had previously submitted a complaint to the Chief
Justice, who had formed a special committee to investigate. With respect to
Sayed Omer Awad Abu Garju, who had allegedly been tortured at “ghost house
No. 114' in Wad Medani and was feared to have been tortured to death, the
Government stated that he had not been subject to arrest at any time. With
respect to the 10 persons arrested at the house of Kamal Mekki Medani on
2 September 1993 for holding a political meeting and sentenced and subjected
to flogging for consumption of alcohol, the Government said that they had
received a fair trial before a competent court. With respect to Ali al-Mahi
al-Sakhi, President of the Central Foundry Workers' Trade Union, who had
allegedly been tortured following his arrest along with five other persons in
Khartoum in June 1994, the Government stated only that the arrested persons
had engaged in subversive activities against the Government.
472. In another letter dated 14 February 1996, the Government replied to the
urgent appeal made by the Special Rapporteur on 17 October 1995 on behalf of
Shihab Ali lousif, a student at the Faculty of Environmental Studies, Ahlia
University of Omdurman, who had reportedly been arrested in September 1995 and
tortured in custody (see E/CN.4/1996/35/Add.1, para. 660). The Government
stated that he had been detained to protect his personal integrity, as the
general atmosphere at Ahila University of Omdurman was very tense. He would
be released as soon as the situation at the university returned to normal.
Sweden
473. On 21 November 1996 the Special Rapporteur made an urgent appeal on
behalf of Cercis Tükenmez, a Turkish national from Mardin, whose application
for asylum in Sweden had reportedly been rejected. He had allegedly been
subjected to torture following his arrest in Mardin, Turkey, in November 1993.
An investigation carried out by a team of experts from the Center for Torture
and Trauma Survivors in Sweden, including specialists in psychiatry, forensic
medicine and dermatology, was reported to have confirmed the statements of
Cercis Tükenmez regarding his torture and to have found him to be in need of
psychiatric care. Fears were expressed that he might be detained and again
subjected to torture upon his return to Turkey.
Switzerland
474. The Special Rapporteur transmitted to the Government the case of
Ali Doymaz and Abuzer Tastan, Turkish Kurds with political refugee status in
Switzerland, who were reportedly arrested by the police in Chiasso, Ticino, on
6 April 1995, severely beaten and tied to a very hot radiator. According to a
medical report, Ali Doymaz had swellings on the left side of his head and
face, a red mark on his left clavicle and a very sore left shoulder, while
Abuzer Tastan had bruises on both forearms.
475. The Special Rapporteur also transmitted the case of Alpha Jththony
Dickinson, a Gambian national who was reportedly expelled from Switzerland on
15 September 1995 after having been ill-treated while under arrest there.
During his flight back to Gambia, he was accompanied by two Swiss police
officers, who allegedly gagged him with adhesive tape, tied his hands to his
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seat, completely covered his face with a hat and placed a screen around his
seat in order to hide him from the sight of other passengers. This treatment
reportedly caused him to lose consciousness. The doctor who examined him in
Gambia is said to have observed painful areas on his ribs and bruises on his
feet.
Urgent appeals
476. On 17 April 1996, the Special Rapporteur, jointly with the Special
Rapporteur on the situation of human rights in the Sudan, transmitted an
urgent appeal on behalf of Abdel Gadir Ahmed Fidail, a Sudanese national to
whom the Swiss authorities had refused political asylum. It was feared that
he might be arrested and tortured if he returned to the Sudan. On 2 May 1996,
the Government replied that the authorities had found no evidence to suggest
that Mr. Fedail would be exposed to any danger whatever if he returned to the
Sudan. The Swiss embassy in Khartoum would observe whether his return took
place without incident. Furthermore, Mr. Fedail was free to contact that
embassy at any time.
Syrian Arab Republic
477. On 2 September 1996 the Special Rapporteur made an urgent appeal on
behalf of Anthony Zakaria Laki and his brother, Samuel Lado Zakaria, both
Sudanese asylum seekers, who were being detained in the Syrian Arab Republic
at Yarmuk immigration prison. They were expected to be forcibly returned to
the Sudan within the next several days and fears were expressed that they
would be at risk of torture or other ill-treatment if they were so returned.
On 9 October 1996 the Government replied that Anthony Zakaria Laki and
Samuel Lado Zakaria had expressed no objection to travelling to the Sudan
with the help of the Sudanese Embassy at Damascus, as their lives were not in
danger and they had no political problems in their country. The Government
produced a declaration to this effect, apparently signed by the two men.
Tunisia
478. By letter dated 14 October 1996, the Special Rapporteur transmitted the
cases summarized below, to which the Government replied on 29 November 1996.
479. Mohamed Hedi Sassi was arrested on 18 April 1994. He was reportedly
accused of belonging to a banned organization, distributing pamphlets
advocating action against the public order and writing slogans on walls. It
is alleged that while he was detained at the Den-Den and Bardo (Tunis) police
station, he was suspended in various positions, that a liquid was poured into
his nostrils and that he was severely beaten. The Government replied that
Mohamed Hedi Sassi had not been held incommunicado or tortured. A committee
responsible for investigating the conditions of treatment of detainees had
considered that they conformed to national and international law.
480. Adel Selmi, a student living in Paris, was arrested on 10 June 1994 on
arrival at Tunis airport. He was reportedly accused of belonging to the
illegal movement, al-Nahda, of having participated in a demonstration in
January 1991 and of having collected money without authorization. It is
alleged that he was suspended in various positions and that his head was
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immersed in a basin of water. The Government replied that the person in
question had not been subjected to any ill-treatment and had been allowed
medical examinations and visits by relatives and lawyers.
481. Najib Hosni, a lawyer, was placed in detention prior to his trial for
misappropriation of funds, scheduled for 15 June 1995. On 8, 9 and
10 November, he was allegedly tortured at the Ministry of the Interior in
Tunis. He is said to have been suspended in the so-called “roast chicken”
position and subjected to electric shocks. The Government replied that the
interrogation had been carried out by the police under the conditions
prescribed by law and that no complaint of ill-treatment had been lodged.
482. Ismail Khemira, who was arrested in 1991 and sentenced to four years'
imprisonment for activities related to the al-Nahda movement, is reported to
have died in 1994 in the “9 April” prison in Tunis as a result of an infected
spinal cord wound due to ill-treatment. It is reported that he was beaten in
February 1994 and, according to a witness, was almost totally paralysed a week
later. According to the Government, he had never complained of ill-treatment.
He received regular medical check-ups and his death was due to natural causes.
483. Sahnoun Jaouhari, a former member of the executive committee of the
Tunisian Human Rights League, member of the al-Nahda movement and a
journalist, reportedly died on 26 January 1995 in the “9 April” prison in
Tunis. It is alleged that, at the beginning of his period of detention, he
had been held incommunicado and violently beaten and that, despite his fragile
state of health, he had not received the necessary medical care. Allegedly,
on 17 January 1995, he was eventually taken to hospital and diagnosed as
having cancer. He died soon after. According to the Government, he had not
suffered any ill-treatment. The autopsy established that his death had been
due to complications related to his cancer.
484. Mohamed Tahar Brahmi, Lofti Hammami and Bourhan Gasmi were reportedly
arrested in Tunis on 17 August 1996 and released on 25 August of that year.
On 20 August, Raja Chamekh and Ali Jallouli (previously arrested on
6 December 1995) were reportedly arrested in Tunis and Mohamed Dridi in
el-Kef; they, too, were reportedly released on 25 August 1996. During their
detention, they were allegedly held incommunicado and violently tortured. It
is said they were suspended in the “roast chicken” position, their heads were
submerged in water, and they were regularly beaten and deprived of sleep.
According to the Government, the public health physician who examined them
reported no signs of violence.
485. The Special Rapporteur also retransmitted the cases of Bachir Abid,
Ali Jallouli and Abdel Moumen Belanes, who were arrested in early
December 1995 and reportedly held incommunicado at the Ministry of the
Interior. The Special Rapporteur sent an urgent appeal on their behalf on
13 December 1995. On 11 January 1996, the Government replied that they had
not been held incommunicado and had been brought to trial within the period
stipulated by law. It also stated that the three persons had not been
subjected to any ill-treatment. However, further information received from
the source of the allegations indicates that the three detainees suspended in
the so-called “roast chicken” position and by the feet, with their heads
submerged in a basin containing water and a toxic substance. They are also
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said to have been subjected to electric shocks and deprived of sleep and food.
While detained in the “9 April” prison, they were said to have been visited by
their lawyers, who reported having observed evidence of the alleged
ill-treatment. They were ultimately released. The Government has stated
emphatically that these persons were not subjected to any ill-treatment.
Urgent appeals and Government replies
486. On 14 May 1996, the Special Rapporteur transmitted an urgent appeal on
behalf of Frej Fenniche, executive director of the Arab Institute for Human
Rights, who was reportedly arrested on 10 May 1996 at Tunis airport while
waiting for a flight in order to participate in a conference on human rights
in Montpellier, France. On 28 May 1996, the Government replied that
Frej Fenniche had been released on 14 May and had not been subjected to any
ill-treatment.
487. On 27 November 1996, the Special Rapporteur sent an urgent appeal on
behalf of Radhia Aouididi, who was reportedly arrested by the police at the
Tunis-Carthage airport while attempting to board a plane with a forged
passport and is said to be held incommunicado.
Turkey
488. By letters dated 8 February and 3 October 1996 the Special Rapporteur
advised the Government that he had received information on a number of alleged
incidents of torture. The Government replied to many of these cases in
letters dated 9 May, 4 June, 10 July, 25 September and 27 November 1996. The
allegations, followed by the reply of the Government, are summarized in the
paragraphs below.
489. Dbner Talun, a 12-year-old girl reportedly detained by police
on 12 December 1994 in the cubuk district of Ankara, was allegedly beaten,
hung by the arms and subjected to electric shocks during five days'
incommunicado detention at Ankara police headquarters.
490. Faruk Dürre was reportedly detained on 27 January 1995 and tortured for
eight days at Mu police headquarters. The torture allegedly included
repeated squeezing of his testicles; repeated administration of electric
shocks through his penis; spraying with water; deprivation of food for the
first six days; and death threats. While not undergoing interrogation, he was
allegedly held in a cell half a metre wide and one metre long. On
10 April 1995 he and a number of other prisoners in his ward were allegedly
beaten with sticks and truncheons by gendarmes and wardens, as a result of
which he sustained two cracked ribs. The Government replied that Faruk Dürre
had been arrested on charges of assisting the Kurdish Workers' Party (PKK)
The court had decided to release him on 31 October 1995, as he had expressed
his willingness to benefit from the Repentance Law. It was established
through medical reports dated 29 January and 6 February 1995 that he had not
been subjected to torture or ill-treatment during detention.
491. Can Dogan, aged 14, was reportedly detained for 2 days at Ankara police
headquarters in March 1995, during which he was allegedly stripped naked,
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beaten, soaked with pressurized water, and his testicles were squeezed. He
was detained again on 10 April 1995 and allegedly beaten at Ankara police
headquarters.
492. Tayfun Kirs, aged 13, and Rifat Onurcan were reportedly detained on
9 July 1995 on suspicion of theft and tortured at Jthkara Police Station.
Rifat Onurcan was allegedly stripped, subjected to electric shocks, beaten
with truncheons on the hands and feet and sprayed with cold water.
Tayfun Kirs was allegedly subjected to electric shocks and beaten on the feet
and back with truncheons.
493. Leman celikaslan, detained by officers from the Anti-Terror Branch of
Jthkara Security Headquarters on 21 July 1995, was allegedly sexually assaulted
in a woodland. At Ankara police headquarters, she was allegedly tortured and
raped repeatedly by several officers over the course of 13 days' detention.
Before her transfer to Ankara central closed prison, she was to have undergone
a medical examination, but she declined to undress before the doctor, who
consequently certified that there were no signs of ill-treatment. On 9 August
she filed a complaint of rape with the prosecutor and requested to be sent to
hospital. At the Forensic Medicine Institute, she requested to be examined by
a female doctor and, as there was none available, she refused to be examined,
but did inform a male doctor that she had been raped. He referred her to
hospital, but she reportedly was not taken to hospital until 17 August, by
which time the examining doctor was unable to determine whether rape had taken
place. The Government replied that Leman celikaslan had been detained on
charges of participating in PKK activities. A report issued by the Ankara
Branch of the Forensic Medicine Institute on 2 August 1995 showed that she had
not been subjected to torture or ill-treatment during her detention. A
medical report issued by the Zekai Tahir Burak Hospital on 17 August 1995
showed that she had not been subjected to torture, ill-treatment or sexual
assault. Another report issued by the Forensic Medicine Institute
on 24 August 1994 also disproved the allegations.
494. Ismet celikaslan, the mother of Leman celikaslan and a Mersin Provincial
Board member of the People's Democracy Party (HADEP), reportedly appeared on
television in September 1995 to publicize the rape allegations in her
daughter's case. Police officers subsequently came several times to her
house, before arresting her in Mersin on 27 September. During her
interrogation, she was allegedly subjected to electric shocks through her
hands and feet, beatings, and hosing with pressurized cold water. The
Government replied that Ismet celikaslan had been detained on
27 September 1995 at Içel police headquarters on suspicion of participating in
PKK activities. It was established through medical reports issued by the
Mersin State Hospital and the Health Directorate of Mersin that she had not
been subjected to torture or ill-treatment during her detention. A
preliminary investigation had been initiated by the Office of the Chief Public
Prosecutor of Mersin concerning the torture allegations and the case had been
referred to the Office of the Chief Public Prosecutor of the Konya State
Security Court on 3 October 1995.
495. Ali Haydar Efe was reportedly detained on suspicion of theft
on 8 August 1995 and his brother, Müslüm Efe, was detained on 11 August. At
Ankara police Headquarters they were allegedly subjected to torture,
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including hanging by the arms, electric shocks, beating and sexual assault
with a truncheon. On 12 August, Ali Haydar Efe was taken to hospital, where
he died of “respiratory and circulatory failure”. The Forensic Medicine
Institute examined Müslüm Efe and gave him a report exempting him from work
for three days. He was said to bear marks of torture.
496. A number of prisoners were reportedly beaten severely when a large force
of gendarmes and Special Team members forcibly entered ward 6 of Buca prison
near Izmir on 21 September 1995. The forces had been called in after
prisoners went on hunger strike and barricaded themselves in the ward
in protest at conditions at the prison. lusuf Baa, U ur Sariaslan and
Turan Kilinç reportedly died from injuries sustained from the beatings,
including brain haemorrhage and other internal bleeding. Autopsies on the
three men reportedly concluded “suspicious death” . A number of relatives and
lawyers of the prisoners, including lawyers Irfan Güler, Gül Kireçkaya and
Sengül Gültekin, were allegedly assaulted and beaten with truncheons by
members of the Mobile Force (Anti-Riot Police) while seeking details about the
prisoners outside the local state hospital. The Government replied that when
the officials entered the dormitories they were assaulted by convicts, forcing
them to use tear-gas. An investigation was initiated by the Izmir
Prosecutor's Office and a complaint was lodged against the convicts on grounds
of collective mutiny. The convicts also filed complaints against the law
enforcement officials. The case was under way before the Izmir Criminal
Court. Irfan Güler filed a complaint and a case was commenced at the Izmir
Criminal Court on 19 March 1996 against one chief police officer and three
policemen on the ground of ill-treatment. The other lawyers had not lodged
official complaints.
497. Nurey Sen, Chair of the Mesopotamian Cultural Centre (MKN), was
reportedly arrested in Diyarbakir by members of the gendarmerie intelligence
branch (JITEM) on 10 November 1995. During 11 days of detention at the
Diyarbakir gendarme station, she was allegedly kept blindfolded, subjected to
electric shocks, sexually assaulted with a truncheon, hosed with cold water,
beaten severely, kicked and sexually molested by a number of gendarmes, forced
to run, forced to listen to constant loud music, subjected to death threats if
she revealed information about her treatment and forced to sign a statement
without being given the opportunity to read the contents. According to the
Government, it was established by a medical report dated 21 November 1995
issued by the Diyarbakir Branch of the Forensic Medicine Institute that she
had not been subjected to torture or ill-treatment during detention.
498. Ali Kanat, Nazif (Gürbüz Ergin), Erol Engin, Yilmaz Esbal, Yasin Ipek,
Mehmet Bahri Kurt, Celal Cengiz, Cemal Odaba , Burhan De er, Ismail Olmez,
Abdullah Talay, Resul Arslan, Selahattin Ba ir, Erol celikten, Hikmet Ezen,
Mahmut Karakaya, Mahmut Turk, akir Dinç, Mehmet serif Düner, Abdullah Kanat,
Zeynel Koç, Ismail Yilmaz, M. Nun Fidan, Hasan Gbnderici, Mehmet Demir,
Ahmet Akkurt, Latif Dogan, Medeni Adiyaman, Umit Kaydu, Fevzi Bor,
Soner Onder, Cengiz Hasano lu, Yuksel Yakiflr and Kemal Yilan were all
reportedly hospitalized after some 200 police and gendarmes allegedly used
excessive force to restore order at tJmraniye E-Type prison in Istanbul on the
night of 12-13 December 1995. The officials were reported to have thrown some
50 tear-gas and smoke bombs into the wards and then to have removed prisoners
and beaten them severely. On 4 January 1996 the prison was again stormed and
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Orhan Ozen, Riza Boyba and Abdülmecit Seçkin were allegedly beaten to death.
Six prisoners were reported to have suffered from especially severe injuries,
including Metin Turan, ADa Yildrim and Gültekin Beyhan, who eventually died
from head injuries on 10 January. On 8 January, over 600 persons who had come
to their funeral ceremony were detained by police, 300 of whom were taken to
Eyüp sports Centre, and many were allegedly beaten and kicked by police.
Metin Gbktepe, a journalist, was taken to the basement of the sports centre
after showing the police his press card, and allegedly beaten to death. The
Government replied that 34 police officers of the Eyüp police department had
been referred to the relevant judicial authorities on charges of beating the
detainees from the funeral and subjecting them to degrading and ill-treatment.
A riot police chief had been charged with arbitrarily ordering Metin Gbktepe's
detention; 11 officers had been charged with subjecting him to ill-treatment
and failing to protect his physical integrity and well-being; and another riot
police chief was charged with insulting the detainees.
499. Gulbahar Gündüz, on whose behalf the Special Rapporteur had appealed
on 14 July 1995, was reportedly detained by police on 21 March 1995, after she
had travelled to Tunceli to apply for compensation for her family's house,
which had been destroyed in operations by the security forces. She was
allegedly tortured by hosing with cold water, especially to her mouth, ears,
breasts, genitals and stomach; electric shocks applied through her toes and
ear lobes; hanging, during which she suffered an attack of asthma; a severe
kick in the back, which caused her to haemorrhage; death threats; beatings;
having her head slammed against the wall. She was said to remain confined to
a wheelchair and unable to walk as a result of the torture. The Government
replied on 27 November 1996 that pursuant to her complaint, the Tunceli
Provincial Administrative Council was investigating the case.
500. Ali Ekber Kaya, President of the now-closed Human Rights Association
branch in Tunceli, was reportedly detained on 23 March 1995 by members of the
Jthti-Terror Branch. He was allegedly subjected to torture, during which his
arms were tied to his legs and he was hosed with cold pressurized water,
including to his kidneys, genitals and rectum. He was also allegedly hung
from the ceiling and given electric shocks. A complaint he filed about his
torture was said to be pending before the Provincial Administrative Council.
The Government replied on 27 November 1996 that Ali Ekber Kaya had not lodged
any complaint or taken any legal proceeding on the ground of torture, but that
it had been established through medical reports dated 23 March and
3 April 1995 that he had not been subjected to torture or ill-treatment during
his detention.
501. The following persons, mostly high-school students under 18 years of
age, were reportedly detained on 26 December 1995 by members of the
Anti-Terror Branch of Manisa police headquarters and subjected to torture
during 10 days in custody, including electric shocks and sexual assault:
Ali Gbktas (teacher) , Mahir Gbtkas (aged 14) , Faruk Deniz, Levent Kiliç,
Emrah Sait Erda, Askin Yegin (female) , Ayse Mine Balkanli, Münire Apaydin
(female, aged 16) , Sema Tasar (female, aged 16) , Hüseyin Korkut, Ozgür Zeybek,
Jale Kurt, Fulya Apaydin, Erdogan Kiliç, Abdullah Yücel Karakas and
Boran Senol. It was alleged that none of the medical reports of the
above-named persons was submitted by the Office of the Chief Public Prosecutor
to the State Security Court in Izmir, where the cases were to be heard, but
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rather that the Prosecutor had produced fabricated medical reports stating
that “no traces of stroke and violence have been seen”. The Government
replied that a public case had commenced against the aforementioned persons in
the State Security Court in Izmir on charges of being members of and providing
assistance to the Revolutionary Peoples' Liberation Party/Front. Their lawyer
had filed a complaint on the ground of torture and ill-treatment. Following
the preliminary investigation, a public case was commenced in the Manisa
Criminal Court against 10 police officers of the Manisa police department for
violations of articles 243 and 245 of the Penal Code.
502. Ferzinde Abi and his wife, irin Abi, were reportedly detained
on 25 April 1996. At the Van security headquarters Anti-Terror Branch they
were interrogated for 15 days, during which irin Abi was allegedly brought
before her husband, stripped naked, suspended by the wrists with her hands
tied behind her back and sexually molested. The purpose of her torture was
said to be to force her husband to become a police agent or to sign
incriminating statements. Ferzinde Abi was also allegedly subjected to
torture, including by severe beatings with rifle butts which resulted in the
paralysis and loss of use of both arms. Doctors at Van State Hospital were
reportedly prevented under police threat from treating him and producing a
medical report. The Government replied that the couple had been detained on
suspicion of participating in PKK activities. It was established through a
medical report dated 10 May 1996 that they were not subjected to torture or
ill-treatment during their detention. Ferzinde Abi filed an official
complaint of torture, which was being investigated by the Chief Public
Prosecutor of Van.
503. Sabri Beyter, Sedika Beyter (female, aged 80) , Cafer ciftci and
Abdulhaluk Beyter were reportedly subjected to torture under interrogation on
3 June 1996 during an operation by security forces connected with Hakkari
Brigade Command in Bay village near Hakkari. Sedik Beyter was allegedly
beaten and died two hours later. Abdulhaluk Beyter was said to have been left
unable to walk as a result of torture. The Government replied that
Sabri Beyter was not in the village during the security operation, having
moved away five or six years earlier. Sedika Beyter died of old age on
2 June 1996. Cafer ciftci had no record with the police. Abdulhaluk Beyter
was one of 15 persons taken into custody in the operations against villagers
with suspected PKK links. It was established through medical reports that he
was not subjected to torture.
504. Halil Dinç, President of the Turkish Union of Motor Vehicle Workers
(TUMTIS) in Izmir, and Hasan layik, General Secretary of the Izmir branch,
were among a number of persons alleged to have been severely beaten by
anti-riot police and police from camdibi police station on 22 December 1995 at
the beginning of a press conference in front of the premises of the transport
company Nak-Kargo in Izmir that the union had called to protest job
dismissals.
505. In his letter of 8 February 1996 the Special Rapporteur also advised the
Government of follow-up information he had received from the sources with
respect to a number of previously transmitted cases. In the case of
Talat Tepe (urgent appeal of 14 July 1995), a lawyer and Human Rights
Association member detained at Istanbul Airport on 9 July 1995, he was
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allegedly tortured during 12 days' detention at Istanbul and Bitlis security
headquarters, including by electric shocks, prolonged dousing with cold water
and physical assault. With respect to Hediye Altun (urgent appeal of
28 July 1995), aged 16, who had been detained at the Jthti-Terror Branch in
Istanbul, she had allegedly been tortured and, as a result, had suffered
bleeding from her ears and loss of hearing. With respect to Mehmet Sen (case
transmitted on 15 September 1994) a member of the since banned Democracy Party
(DEP) reportedly detained by police officers in Nizip, Gaziantep on
26 March 1994 and later discovered murdered, a witness who saw his body had
reportedly stated that there were clear marks of torture, that the right side
of his head had been crushed, an eye had been gouged out, and his neck, arms
and a finger had been broken.
Urgent appeals and replies received
506. A number of persons were reportedly detained during security forces
operations beginning on 25 January 1996 in the triangle between the towns of
Zara, Kangal and Divri i in Sivas province. Mehmet Kambur (village headman)
Hüseyin Polat, Mustafa Do aner, Güzel Polat, Ibrahim Erdoqan, Hasan Erdoqan,
Riza Ate and Bayram Güngbz were among a number of persons detained on
25 January 1996 by gendarmes in Güvenkaya village. Mehmet Ali Do an and
Ali Karakoç, both from Dikmeçay village, were detained on 25 January.
Nun lildirim, Reflt coflun and Davut Keskin were detained in the villages of
Kirlangiç and Yefllyurt in the district of Kangal on 27 January.
Battal Ozkan, ükrü Kaya and Hüseyin Akkaya were detained in Kürkçü village on
28 January in the district of Kangal. Finally, Mustafa Poyraz was detained on
28 January in Dagbnü village in the district of Kangal (7 February 1996) . On
26 February 1996 the Government replied that it had been established that
persons taken into custody during the operations conducted in Sivas were not
subjected to torture or ill-treatment, as confirmed by the fact that no
complaint had been made to judicial and administrative authorities. On
8 May 1996 the Government further informed the Special Rapporteur that the
detainees had been released in early February pending trial on charges of
assisting the PKK.
507. Teyfik Eren, editor of Govend arts magazine, was reportedly detained by
plainclothes police officers on 12 February 1996 in Diyarbakir
(16 February 1996) . On 17 May 1996 the Government replied that he had been
released from Diyarbakir police headquarters on 13 February 1996, as it had
been determined that he had no links with terrorist organizations. It was
established through medical reports that he was not subjected to torture or
ill-treatment in detention.
508. Ishak Tepe, a politician who stood as a parliamentary candidate for the
People's Democracy Party (HADEP) in December 1995, was reportedly detained by
gendarmes on 24 February 1996 and transferred to Bitlis. His nephew,
Safyettin Tepe, was said to have died in police custody in Bitlis in
August 1995 and his son, Farhat Tepe, was reportedly abducted and killed in
1993 (28 February 1996) . On 19 June 1996 the Government replied that
Ishak Tepe had been detained on suspicion of assisting the PKK and a public
case had commenced against him at Diyarbakir Security Court. It was
established through medical reports dated 27 February and 4 March 1996 that he
was not subjected to torture or ill-treatment in detention.
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509. Ismail Keskin, former headman of Kazan village, and Ismail Demir were
reportedly detained on 28 February 1996 by police in Hakkari (4 March 1996)
On 17 May 1996 the Government replied that they had been released on
1 March 1996, as it was established that they had no links with the murder in
which they had been suspected of involvement. It was established through
medical reports dated 1 March from the Hakkari State Hospital that they were
not subjected to torture or ill-treatment in detention.
510. Yücel Sarlçoban, Aydin Ipçi and Songül Ozbakir (female) were reportedly
detained from their homes in Ankara on 6 March 1996 and were being held at
Ankara police headquarters. In addition, Ali Baba Karaka , who had allegedly
been previously tortured in detention, was reportedly detained from his home
in Ankara, during which his wife and children were allegedly beaten
(11 March 1996) . On 13 September 1996 the Government replied that the
aforementioned persons had been detained on suspicion of participating in the
activities of the Marxist-Leninist Communist Party (MLKP) . It was established
through a medical report issued by the Forensic Medical Institute that they
were not subjected to torture or ill-treatment during detention.
511. Hatice Güden, Filiz Toprok, Mustafa KaraoLllan, N. Kemal Bekta ,
M. Karaça and Muhittin Evrak were reportedly arrested on 6 March 1996 in
Ankara by officers of the Anti-Terror Branch and were being held at Ankara
police headquarters (15 March 1996)
512. Gevher Toprak (aged 16), Edibe Toprak, Leyla a kin (aged 13),
Vildan Umur (aged 14) , Ay er Umur (aged 16) Sabriye, cicek Eren,
Abdullah a kin, Fadil Eren and eymus Nakçi were reportedly detained in
Cukurkaynak by members of the security forces of the Silvan Gendarmerie
(11 April 1996)
513. Mahmut Yilmaz, Ahmet Aflin Doqan, Bulent Karaka Elif Kahyao lu
(female) , Mustafa Bayram Misir, Haci Ferhan Temiz, Deniz Kartal (female)
Hülya Yefllyurt (female) , Ozgür Yilmaz, Ibrahim Ethem Altun, Selda Salman
(female) , Mestan Dinçer, Yunus Bakihan camurdan, Hanife (family name unknown)
Mehmet Horu , Mehmet Karaman, Ender Turan, Gbkçen Zorcu, Faruk Adigüzel,
Murat Yurdakul, Nurdan Bay ahan (female), Ozgür Tüfekci, Musa Ceylan,
Yekbun Uzun were among a number of students reportedly being held
incommunicado at Ankara police headquarters on 17 and 19 April 1996 during
protests against the introduction of student fees. Mahmut Yilmaz, Ahmet Askin
Dogan, Bulent Karakas and Elif Kahyaoglu were allegedly tortured and the
female detainees were said to have been subjected to threats of rape
(29 April 1996) . On 9 July 1996 the Government replied that Musa Ceylan and
Hanife had never been taken into custody. The others had been taken into
custody during operations conducted against the illegal organization
Devrimci Yol-Devrimci Gençlik (Revolutionary Path-Revolutionary Youth) . It
was established through a medical report issued by the Forensic Medicine
Institute on 1 May 1996 that they had not been subjected to torture or
ill-treatment during their detention.
514. Sabiha Budak, Incigül Ba el, Mehtap Kuruçay and Filiz Oztürk, female
journalists with the newspaper Alinteri , were reportedly detained by police
on 3 May 1996 at the home of Sabiha Budak in Istanbul. They and the parents
of Sabiha Budak were allegedly beaten by police before the police took the
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detainees to the Anti-Terror Branch of Istanbul police headquarters at Aksaray
(6 May 1996) . On 13 September 1996 the Government replied that they had been
detained after the police had come to the home to conduct a search.
Incigül Bagel was taken to hospital because she was suffering from low blood
pressure. It was established through a medical report dated 14 May 1996 by
the Forensic Medical Institute that they were not subjected to torture or
ill-treatment in detention.
515. A. Kadir Bilen, aged 80, Omer Akbay, aged 75, and A. Selim Da ku u,
aged 65, were reportedly detained on 29 May 1996 by soldiers of the
gendarmerie in Silvan and Ba dere and were being held incommunicado
(31 May 1996)
516. More than 600 persons were reportedly detained on 8 June 1996 at a
protest vigil by relatives of disappeared persons in Istiklal street in
Istanbul. At the vigil, police and gendarmes allegedly beat a number of the
protestors. Hasene Türko lu, the wife of a recently disappeared person, and
Hüsnu Ondül, General Secretary of the Turkish Human Rights Association, were
said to have been injured in the incident. Over 200 of the detainees were
reportedly being held at Gayrettepe police headquarters and the Anti-Terror
Branch of Istanbul police headquarters. Zeynep Baran (female), a board member
of the Istanbul Human Rights Association, was among those reported to be
detained at Gayrettepe. Songül Beydili, a board member of the Turkish Health
Professionals Union (Tüm Sa lik Sen) , Mahmut Pulga (a member of Tüm Sa lik
Sen), Abdullah Sa men, Mehdi Perinçek, Neriman Berberoqlu, Yildiz Içer,
Songül Ozkan, Gül Vidan, Bari Arça and Metin Karabulut are reportedly held at
the Anti-Terror Branch in Istanbul (11 June 1996) . On 20 September 1996 the
Government replied that Abdullah Sagmen, Neriman Berberoglu, Yilda Icer,
Gul Vildan and Bans Arca had not been taken into custody. Records of the
Istanbul police department did not verify that Hasene Turkoglu and Hüsbü Ondül
were injured in the events. It was established through medical reports of the
Beyoglu branch of the Forensic Medicine Institute that Sonül Beydilli,
Zeynep Baran, Metin Karabulut, Mehdi Perinçek and Mehmet Pulgu were not
subjected to torture or ill-treatment during detention. Songül Ozkan refused
to undertake a medical examination and signed a statement to that effect.
517. Sehettin Elçi, a resident of Izmir, was reportedly detained in Güroymak,
Bitlis province, while en route to visit his family in Altinova
(11 June 1996) . On 20 September 1996 the Government replied that he had
served as the Vice-President of the Youth Commission of HADEP, which was
involved in activities on behalf of the PKK. He was released pending trial.
It was established that he was not subjected to torture or ill-treatment
during his detention.
518. Gülçin Ozgür, aged 15, was reportedly detained on 13 June 1996 from her
house and taken to police headquarters in Mersin. The detention occurred
eight days after a public statement she had made appeared in a newspaper
describing her previous 16-day detention at the Gendarmerie commando battalion
in Bismal, during which she was allegedly subjected to torture, including
sexual assault (19 June 1996) . On 18 September 1996 the Government replied
that following her first detention, a medical report issued by Bismal State
Hospital dated 22 April 1996 established that she was not subjected to torture
or ill-treatment. Her subsequent detention was based on suspicion of
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activities connected with the PKK, not the statement she had made in the
newspaper. It was established through a medical report dated 20 June 1996
issued by the Içel health department that she was not subjected to torture or
ill-treatment during her detention.
519. Leyla Yaqiz and her husband, Temerhan YalJiz, were reportedly detained by
police from their home in Nusaybin on 26 June 1996. It was alleged that
Leyla YaDiz was tortured in the presence of her husband at police headquarters
in Nusaybin for the purpose of extracting from her information about a
relative who is wanted by the police. According to the information received,
Robar YatJiz, an 18-year-old cousin of Leyla YaDiz, was also detained and
tortured by the police, as a result of which he required hospitalization. In
addition, his 70-year-old grandmother, Naima Ya iz, was allegedly beaten
severely by the police during the search of her home and was subsequently
hospitalized (2 July 1996) . On 18 September 1996 the Government replied that
the aforementioned persons had been taken into custody on charges of assisting
the PKK. Naime iaLliz was released on the same day owing to her health
condition. Robar YaDiz and Temirhan iaLliz were released on 28 June and
Leyla YatJiz was released on 6 July 1996. It was established through medical
reports issued by the Nusaybin State Hospital that they were not subjected to
torture or ill-treatment.
520. Abdurrahman celikbilek, a member of HADEP, was reportedly detained
on 24 June 1996 and had been subjected to torture at the Anti-Riot police
headquarters in Diyarbakir (16 July 1996) . On 18 September 1996 the
Government replied that he had been detained on 3 July 1996 during operations
against the PKK. It was established through a medical report that he was not
subjected to torture or ill-treatment.
521. Halil Can Do an (aged 15), Esat Yilaz, eref Han, Ay e Kiliç (female),
Riza Polat, Ismail Kizilçay, Tayfun Koçak, Taylan Keskin, Ebru Arkan (female),
Servet Sandikli, Gbkçen Kaygusuz, Hülya Deveci (female) , Levent Can Yilmaz,
Deniz Fidan, Ersin Atar and Müstecef Türkücü were reportedly being held
incommunicado at Ankara police headquarters pursuant to a police operation in
Jthkara between 8 and 16 July 1996. Another detainee, Pervin Abdalo lu
(female) , was allegedly subjected to torture, including electric shocks,
before being released and taken to hospital on 18 July (22 July 1996) . On
12 November 1996 the Government replied that eref Han had no record in the
police and Deniz Fidan was released the day following her arrest. It was
established by medical reports issued by the Ankara branch of the Forensic
Medicine Institute that none of the other detainees were subjected to torture
or ill-treatment in detention.
522. Münsif cetin, head of the Da kapi Health Centre in Diyarbakir, was
reportedly detained on 16 August 1996 and was being held incommunicado at
Diyarbakir police headquarters. He had allegedly been tortured during two
previous detentions (22 August 1996) . On 5 November 1996 the Government
replied that he had been detained on charges of assisting the PKK. It was
established through a medical report dated 22 August 1996 that he was not
subjected to torture or ill-treatment in detention.
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Information received from the Government on cases included in previous reports
523. With respect to the cases of Garip Aygün and Sultan Aygün, who were
allegedly tortured in Istanbul on 18 January 1995, following their detention
in connection with a traffic accident (see E/CN.4/1996/35/Add.1, para. 712),
the Government replied on 4 June 1996 that they had been released when it was
established that they had no connection with the accident. They had not
lodged any complaints or taken legal proceedings with a view to exhausting the
“domestic remedy”
524. With respect to Hüseyin Koku, Chairman of the Elbistan branch of HADEP,
who was allegedly tortured in Elbistan prison over the course of two months
following his detention on 27 March 1994 and subsequently detained by
gendarmes on 20 October 1994 (see E/CN.4/1996/35/Add.1, para. 703), the
Government replied on 25 September 1996 that it had been established through a
medical report issued by Elbistan State Hospital that he had not been
subjected to torture or ill-treatment. He had died of gunshot wounds. An
investigation conducted by the Office of the Chief Public Prosecutor of
Pbtürge had determined that it was probable that he had been killed by the
relatives of a woman with whom he was having a relationship.
525. With respect to 16 persons detained on 17 April 1994 in connection with
the activities of the magazine Alinteri ( Toil ) , who were allegedly tortured in
police custody in Ankara (see E/CN.4/1995/34, para. 768), the Government
stated that, according to medical reports dated 26 April and 2 May 1994, they
had not been subjected to torture or ill-treatment during their detention.
526. The Government sent replies asserting that with respect to the following
persons on whose behalf the Special Rapporteur had made urgent appeals, it had
been established through medical reports that they had not been subjected to
torture or ill-treatment in detention: ükrü calli and Hüseyin Umit (appeal
of 19 June 1995, reply of 8 January 1996) ; Adülkerim Demirer (appeal
21 June 1995, reply 8 January 1996) ; Talat Tepe (appeal 14 July 1995, reply
26 February 1996) ; Gülbahar Gündüz (appeal 14 July 1995, reply
26 February 1996) ; Habib ciftci (appeal 29 September 1995, reply
8 January 1996); Barhan Mutlu (appeal 18 October 1995, reply 8 May 1996);
Gül Daqdeviren, Ersin Da deviren, Selma Yi iter, Kemal Bolat, Mehmat Altan,
Hilal Usenti, and Barri Güaül (appeal 23 October 1995, reply 9 January 1996)
Ibrahim ahin (appeal 7 November 1995, reply 17 May 1996); Necmiye Aslano lu,
Nuran Tekda and Metin Acet (appeal 9 November 1995, reply 2 February 1996),
Ali Güden (appeal 14 November 1995, reply 8 January 1996)
527. With respect to Gevher Toprak, on whose behalf the Special Rapporteur
appealed on 14 November 1995, the Government replied on 8 January 1996 that
she had been released pending trial on charges of participating in PKK
activities. However, Emrullah Toprak, Fatih Toprak, Makbule Tutal,
Behiye Tutal, Mehmet Tutal and Urdayal Tutal had no record with the police.
528. In the cases of Mina Fazelollahi and Maryambanoo Sepehri-Rahnama,
Iranian nationals facing possible deportation to the Islamic Republic of Iran
on whose behalf the Special Rapporteur appealed on 20 November 1995, the
Government replied on 22 December 1995 that they were being held for using
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forged passports and documents and when that case was over they would be
allowed to apply for asylum in Turkey. Austria and Germany had also decided
to admit them as refugees if they so desired.
Turkmenistan
529. By letter dated 11 June 1996 the Special Rapporteur advised the
Government that he had received information on the case of Durdymurad
Khodzha-Mukhammed, co-Chairman of the unregistered Party of Democratic
Development of Turkmenistan and former editor in chief of the clandestine
opposition newspaper Ata Vatan , who had reportedly been confined against his
will in the Geok-Tepe psychiatric hospital since 23 February 1996. He was
allegedly being confined for political and not medical reasons.
530. The Special Rapporteur also transmitted the case of Sukhanberdy Ishonov,
who was among a number of persons reportedly arrested during a demonstration
in Ashgabat on 12 July 1995 held to protest economic conditions in the country
and beaten severely. He was released from police custody on 17 July and
hanged himself at his home the following day. Marks of injuries sustained
from his beatings in police custody were reportedly discovered on his body.
531. The Special Rapporteur also reminded the Government of cases transmitted
in 1994 and 1995 regarding which no reply had yet been received.
Uganda
532. On 13 September 1996 the Special Rapporteur made an urgent appeal on
behalf of Joseph Langoya, a political activist involved with work on behalf of
the combined Uganda People's Congress and Democratic Party, who was reportedly
arrested by members of the Ugandan Army near his home in Pawel in late July or
early August 1996, apparently on suspicion of supporting guerrilla fighters in
the region. He was said to be kept incommunicado in a large, unlit
underground hole at Pabo army barracks. He had allegedly been tortured,
including by means of knife cuts, and denied sufficient food.
United Arab Emirates
533. On 14 November 1996 the Special Rapporteur made an urgent appeal on
behalf of Elie Dib Ghalib, a Lebanese Christian, who was reportedly arrested
in Abu Dhabi on 5 December 1995 for having married a Muslim woman and
allegedly subjected to beatings and flogging at al-Am police station. A
Shari'a court ruled on 29 October 1996 that his marriage was null and void and
that because the marriage was immoral, he should receive 39 lashes and a
one-year prison sentence.
United Kingdom of Great Britain and Northern Ireland
534. By letter dated 18 April 1995 the Special Rapporteur advised the
Government of information he had received regarding four persons who died in
police or Prison Service custody, allegedly as a result of torture or
ill-treatment. On 31 July 1996, the Government replied to the cases, as
summarized below.
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535. Shiji Lapite, a Nigerian national, was reportedly detained for “acting
suspiciously” by north London police in Stoke Newington on 16 December 1994.
A violent struggle followed, during which he was allegedly kicked in the head
with great force. While being restrained, possibly through the use of a
“chokehold”, his body went limp and he was taken to hospital, where he was
pronounced dead. A pathology report was said to have revealed 45 injuries on
his body and a fractured voice-box. On 26 January 1996 an inquest jury
decided that Shiji Lapite had been killed unlawfully. The Government replied
that Shiji Lapite had been arrested for possession of drugs and that the
pathologist had concluded that he had died of asphyxiation and cocaine
intoxication. Two officers involved in the arrest had been suspended from
duty. The Department of Public Prosecutions (DPP) , after receiving in
May 1995 the report of the investigation of the Police Complaints Authority
(PCA) , had found that there was insufficient evidence to bring proceedings
against any officer. It was not known when a further decision would be
reached by the DPP in light of the verdict of unlawful killing by the inquest
jury. As the coroner had recommended that police officers should avoid the
use of neck holds, that restraint technique was presently under review by the
Association of Chief Police Officers.
536. Brian Douglas and Stafford Soloman, reportedly arrested by police in
south London on 3 May 1995 for possession of a knife, CS gas and cannabis,
were allegedly beaten with 55-centimetre acrylic batons recently introduced by
the police to replace wooden batons. Brian Douglas was allegedly struck on
the back of the head. At the police station he was reportedly examined four
times by a police doctor, who apparently considered him to be intoxicated or
drugged, before he was taken, 15 hours after his arrest, to hospital, where he
died on 8 May. Stafford Soloman was reported to have suffered a broken wrist
in the incident. The officers alleged to be responsible were reportedly back
on duty after a period of “compassionate leave”. The Government replied that
Brian Douglas had become violent during his arrest and thus had to be
restrained en route to Vauxhall police station. A post mortem revealed a
fractured skull, but was unable to determine the cause of death. The DPP
received the report of the PCA in December 1995 and decided that no criminal
proceedings should be brought against any officer. A coroner's inquest into
the death began on 17 July 1996. Two police officers were suspended from
operational duties. The PCA were supervising an investigation into a
complaint that the police had broken Stafford Solomon's wrist. The new
batons, approved by the Home Office, did not have a higher level of impact
than the old truncheons.
537. Richard O'Brien reportedly died after being assaulted by five police
officers in Walworth, south London, on 17 April 1995. The police maintained
that he had been drunk and disorderly, but the family of Richard O'Brien
contended that he had only been waiting for a taxi. The officers allegedly
held his face to the pavement while one officer knelt on his back. He was
reported to have then said “let me up, I can't breathe, you win”. A
pathologist recorded 31 injuries to his body, including cuts, bruising to his
face, a dislodged tooth, fractured ribs and bleeding suggestive of
haemorrhaging after blood vessels on his face had burst. On 10 November 1995,
an inquest jury at Southwark coroners' court found that he had been unlawfully
killed. The Government replied that Richard O'Brien had become extremely
violent during his arrest and had to be restrained by officers. The DPP
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received the report of the PAC in December 1994 and decided that there was
insufficient evidence to bring any criminal proceedings. No police officers
had been suspended or received any disciplinary measures as a result of the
incident. The DPP had not yet determined whether charges should be brought in
light of the inquest jury finding.
538. Dennis Stevens reportedly died after being placed in a punishment cell
in a restraining body belt in Dartmoor prison, Devon, on 18 October 1995.
(The belt was said to be of the same type that had been worn by Joy Gardner
when she choked to death during a struggle with deportation officers in 1993.
Three officers were charged with manslaughter and acquitted in that case.) It
was alleged that Dennis Stevens had been subjected to severe beatings prior to
being placed in the cell for allegedly assaulting a staff member. His body
was said to display a number of injuries, including deep scratches down the
side of his face and a deep dent in the side of his head above his left eye.
The Government replied that Dennis Stevens had been placed in a restraining
belt for 24 hours before being discovered dead. The Devon and Cornwall
police, who were investigating the incident, would determine whether
Dennis Stevens had been subjected to severe beatings, an allegation denied by
the Prison Service. At the second of two post-mortem proceedings, it was
determined that further specialist forensic analysis was required. That
analysis was being carried out in the United States, after which a coroner's
inquest would convene. The Prison Service had conducted an inquiry into the
circumstances surrounding the death and another inquiry into the use of
control and restraint methods in the case. The findings could not be
disclosed pending the outcome of the inquest.
United Republic of Tanzania
539. By letter dated 10 June 1996 the Special Rapporteur advised the
Government of information he had received according to which some 30 police
officers had raided the home of the opposition Civic Union Front (CUF)
Vice-Chairman, Seif Sharif Hamad, on 2 April 1996 and severely beaten and
arrested some 26 CUF Youths (members of the youth wing of the CUF) who were
guarding the premises. Suleiman Abdallah Suleiman, Juma Mohamed Amour,
Juma Simai Abdullah, Zahor Khatibu Makame, Ally Khamis Ally, Mohamed Abdallah
Mussa, Ally Khamis Mohamed, Khelef Nassor Khelef and Omar Ally Omar were
reported to have been among those arrested. All of the detainees were said to
have suffered further ill-treatment while in detention. In a reply dated
8 November 1996 the Government stated that these persons had resisted
detention and therefore the police were forced to resort to the use of force.
While they were exonerated of involvement in the explosion of the transformer
of which they had been accused, they were being prosecuted for unlawful
assembly. The police had acted with great restraint and professionalism.
540. The Special Rapporteur also transmitted information on the case of
Othman Hamad Othman, a watchman for the Department of Forestry, who was
reportedly tortured at the camp of the anti-smuggling squad (KMKM) on
4 March 1996, after being sent there by the Pemba North Regional Commissioner.
The torture was said to include being beaten unconscious with canes; being
forced to eat his own faeces and to wash his body with water and faeces; being
cut on the knees with a razor blade; and having his head shaved with broken
pieces of glass. The Special Rapporteur received copies of medical reports
E/CN. 4/1997/7/Add. 1
page 112
from two hospitals at which he was treated describing numerous injuries. The
Government replied that the Regional Commissioner had called Othman Hamad
Othman in for questioning on 5 March 1996 and allowed him to return home. He
had then gone to Wete police station to report that he had been beaten by
members of the 1 <14KM. The police officer on duty saw no signs of visible
injury, but gave him a form required to be completed in cases of grievous
injuries. He had not returned the complaint form, so the police had no
grounds for conducting an investigation. He had also failed to complain to
the Permanent Commission of Inquiry (the Ombudsman) or to institute legal
proceedings before the High Court.
541. Mwinyi Juma Ali-Gando Pemba was reportedly arrested by members of the
1<14KM on 25 March 1996 while attending proceedings in the case of his brother
at Wete district court. The officers, who reportedly told him they were
looking for CUF Youth members, brought him to the 1<14KM camp and allegedly
forced him to sing a song in praise of the President and beat him unconscious.
He was also reportedly shaved with pieces of glass which left bleeding
impressions on his scalp, on top of which hot water was poured. The
Government replied that the police had to use force to evict him from physical
training exercises in a restricted area, after he had refused their orders to
desist. The force used in the circumstances was reasonable. The police had
not used glass pieces to shave him.
542. Amour Suleiman, from Magogoni, reportedly went to the KMKM camp
on 6 April 1996 to visit his elder brother. Three KMKI4 officers allegedly
beat him and dropped him into a tank half filled with petrol. The Government
replied that it was unable to verify from the police records or the 1<14KM these
allegations.
Uzbekistan
543. By letter dated 12 June 1996 the Special Rapporteur advised the
Government of information he had received indicating that Dmitrii Gavrilovich
Fattakhov, Aleksey Smirnov and Oleg Gusev, who had been arrested in April 1995
on reportedly trumped-up charges of murder, had allegedly been subjected to
torture over the course of several weeks to get them to confess to the crime,
including severe beatings, kicks and deprivation of sleep and food.
Dmitrii Fattakhov was said to have suffered a large haematoma on his face and
to have been left severely mentally ill as a result of the torture. He was
reported to be confined to a state psychiatric hospital.
Urgent appeal
544. On 29 December 1995 the Special Rapporteur, in conjunction with the
Special Rapporteur on extrajudicial, summary or arbitrary executions and the
Special Rapporteur on the independence of judges and lawyers, made an urgent
appeal on behalf of Un Dmitry, Lee Vladimir, Arutyunov Vitaly and
Tsoi Valeriy, who had been convicted of murder. Un Dmitry had been sentenced
to death, while the others had received 12-year prison sentences. The
defendants had allegedly been severely beaten to force a confession and the
criminal cases were said to be marred by numerous procedural irregularities,
E/CN. 4/1997/7/Add. 1
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including admittance of false documents with forged signatures, refusal to
receive exculpatory evidence and denial of the right to counsel of one's own
choosing.
Venezuela
545. By letter dated 30 October 1996, the Special Rapporteur transmitted to
the Government the following cases of persons reported to have been tortured:
José Felix Rivas, who was arrested on 18 June 1994 at his home in Antimano,
Caracas, by the Metropolitan Police; Jesus Diaz, 16 years of age, who was
arrested on 27 January 1995 by the National Guard in Antimano, Caracas;
Ramôn Flores, who was arrested in Puerto Ayacucho, State of Amazonas, on
20 February 1995 by the judicial police; Fabio Perez, who was arrested on
10 February 1995 in the town of Atabapo, Amazonas, by the National Guard and
then handed over to a group of Rural Commando guards; David Rodriguez,
15 years of age, who was arrested on 26 March 1995 by the Metropolitan Police
in Nueva Tacagua, Caracas; José Tores, who was arrested on 26 March 1995 by
the Metropolitan Police in Nueva Tacagua, Caracas; Luis Urbano, who was
arrested on 26 March 1995 by the Metropolitan Police in Nueva Tacagua,
Caracas; a group of 24 students from the Instituto Universitario Barlovento in
Higuerote, State of Miranda, who were reportedly beaten by officials of the
Miranda State police on 30 May 1995; Wilson lusuina and Abel Conde, who were
arrested on 12 August 1995 by personnel of the 52nd Infantry Brigade of Puerto
Ayacucho; Anibal Ernesto Medina Lares, who died on 29 September 1995 in
Nirgua, State of Yaracuy, allegedly as a consequence of being beaten by
officials of the National Guard; Andrés Eloy Blanco, who was arrested in
Caracas on 5 October 1995 by the judicial police; Kleiner Alvarado Rodriguez,
15 years of age, who was arrested on 20 October 1995 by the Metropolitan
Police in the parish of La Vega, Caracas; Daniel José Urbano Frisneda, who was
arrested in Catia, Caracas on 6 November 1995 by the National Guard; Baudilio
Contreras, who was tortured on 16 November 1995 in Santa BIrbara, State of
Barinas; Andrés Eloy Blanco, who, together with his co-workers, Antonio David
Sanjuanero, Eddy Marcel Gonzalez and José Gregorio Guerrero, was arrested on
5 October 1995 in Colinas de Bello Monte, Caracas, by the judicial police;
Luis Escobar Ugas, who was arrested on various occasions during 1995 and 1996
in Caracas, allegedly by two plain-clothes policemen; Américo Guzmmn, who was
arrested on 16 May 1996 in the parish of El Valle by individuals suspected of
belonging to the police; Julio José Nüflez Pineda, who was arrested on
12 May 1996 in the municipality of Pampmn, State of Trujillo, by the State of
Trujillo Special Brigade; José Anicasio Rojas, who was arrested on
21 January 1996 in Guasdualito, State of Apure, by the judicial police;
Danny Ojeda Arrieta, who was arrested on 3 February 1996 in Maracaibo by the
National Guard; Buenaventura Lôpez Soriano, who was arrested in Totumito, in
the autonomous municipality of PIez, State of Apure, on 4 February 1996 by the
State Police; Luis Javier Rivero Olivares, who was beaten and hung up by
personnel of the Maiquetia judicial police on 8 February 1995;
Jairo A. Carrasquel, who was arrested on 12 February 1996 by the judicial
police in Guasdualito, State of Apure; Victor Diaz Ojeda, who was arrested on
19 February 1996 in El Amparo, State of Apure, by the National Guard;
Rosa Sanchez de Garcia, who was reportedly raped on 18 February 1996 by an
official of the National Guard in the Anaru district of the autonomous
municipality of Páez, State of Apure; Josué Cuburuco and Gerardo Vargas, who
were arrested by the National Guard on 20 February 1996 in El Amparo, State of
E/CN. 4/1997/7/Add. 1
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Apure; Asdrübal Fernández, who was arrested on 22 March 1996 in Guasdualito,
State of Apure, by the judicial police; Samuel Garcia Eleuterio Duque and
José del Carmen Vergel, who were arrested on 2 April 1996 by personnel of
theatre of operations No. 1 in El Balsal, in the municipality of Urdaneta,
State of Apure; Abrahin Celis, who was arrested on 3 April 1996 at his home in
El Balsal by personnel belonging to theatre of operations No. 1; Amy Arturo
Plasencia Flores, who was arrested on 6 May 1996 in Caracas by officials of
the Directorate of Intelligence and Prevention Services (DISIP) ; Ramôn Molia
Castro, who was arrested in Caracas on 2 May 1996 by the investigatory police;
and Clodomiro Emilio Rivas Lôpez, who was arrested on 16 May 1996 in the town
of Turmero, State of Aragua, by the investigatory police.
Information provided by the Government concerning cases transmitted in
previous years
546. In the course of the Special Rapporteur's visit to Venezuela in
June 1996, the Attorney-General's Office ( Fiscalia General de la Repüblica )
provided him with the following replies concerning cases which he had
transmitted on various dates.
547. Miguel Angel Delgado Méndez, who was arrested in Caracas
on 15 April 1992 by the Metropolitan Police. The Government reported that
Federal District Prosecutor No. 105 had filed formal charges on 11 August 1993
against nine Metropolitan Police officers for causing serious personal injury.
The case is still under judicial investigation.
548. Miximo Puerta Ollarves, who was arrested on 1 May 1993 in Maracaibo.
The Government reported that Public Prosecutor No. 7a of the State of Zulia
had filed charges for personal injury against two members of the DISIP. The
case is still under judicial investigation.
549. Osmmn José Colina Hernindez, Carlos José Gonzalez, Juan José Villamizar,
Guillermo Tamayo Rivas, Luis Gerônimo Velasquez, José Vargas Perez and
Ulises Lôpez Galantôn, who were arrested by the National Guard on
17 October 1995 while taking part in a demonstration at the University of
Carabobo. The Government reported that, on 17 November 1995, the Office of
the Public Prosecutor had ordered a judicial investigation to be opened
subject to a forensic medical examination. It added that the above-mentioned
persons had not appeared before the court in order to complete necessary
procedures.
550. Isabelino Bustamante and 19 other persons, who were arrested
on 14 July 1995 by the judicial police of Guasdalito, Apure. The Government
reported that forensic medical examinations of Mr. Bustamante on
19 and 21 July 1995 had not revealed any external injuries. Furthermore,
Public Prosecutor No. 3 of the State of Apure had noted contradictions in
Mr. Bustamante's statement. On approximately 20 July, the regional military
court had opened an investigation which, as of June 1996, was still in the
pre-trial phase.
551. Daniel Alvarado Alarcôn, Julio Enrique Andrade, Enrique Barroso
Hernández, Luis Alberto Caballero, Hector Chacôn Duque, José Gregorio Escalona
Delgado, Lisandro Perez Hernández, Orlando Ramirez Perez, José Angel
E/CN. 4/1997/7/Add. 1
page 115
Rodriguez, Julio Rojas Avila, Jhonatan Toro Marval, Carlos Alejandro Valeiro
and Mark Zuchelli, students at the Central University of Venezuela, who were
arrested on 23 January 1992 in Caracas. The Government informed the Special
Rapporteur that on 29 August 1994, the Office of the Public Prosecutor had
brought formal charges for the injuries for which officers of the Metropolitan
Police were considered responsible and, on 28 May 1996, had requested an
investigation for further clarification of the facts.
552. Pablo José Rondôn Hernmndez and Brezne Manzano Rodriguez, who were
arrested on 21 October 1991 in Caracas. The Government reported that on 30
May 1995, the Office of the Public Prosecutor had requested the opening of a
pre-trial investigation against officials of the Metropolitan Police, who had
not yet been identified.
553. Carlos Bernardino Carballo Morales, who was arrested on 18 October 1991
in La Vaga, Caracas. The Government reported that on 26 December 1995, the
Office of the Public Prosecutor had requested the opening of a pre-trial
investigation before the Criminal Court of First Instance No. 27 and, on
7 June 1996, had requested the court to reach a decision on the matter as
quickly as possible.
554. Tulio Aguilar and 21 other citizens, who were arrested in Valencia
on 4 February 1992. The Government reported that the Office of the Public
Prosecutor of the State of Carabobo had requested an informaciôn de nudo hecho
investigation for physical injuries allegedly caused by officers of the State
Police and the National Guard. However, the officials involved had not been
identified. On 4 May 1994, the Prosecutor's Office requested the court to
expedite the procedure.
555. Yorfan José Berrios Montillo, who was arrested by officers of the
National Guard on 18 October 1991 in La Vega, Caracas. The Government
reported that on 13 December 1991 the Office of the Public Prosecutor had
requested the appropriate informaciôn de nudo hecho procedure and was
currently awaiting the results of some procedures before filing charges.
556. José Jthtonio Briceflo, Omar Uribe, Julio César Vera and Arnel Rodriguez,
who were arrested on 2 June 1992 by the Metropolitan Police in the vicinity of
the Instituto Caballero Mejias in Caracas. The Government reported that, in
the case of citizen Julio César Vera, the investigation had been closed due to
prescription of the penal action, since the injuries had been described as
slight. In the cases of José Antonio Briceflo and Omar Uribe, the
investigation was still under way and the file had been forwarded to the
Criminal Investigations Police (PTJ) for investigation. In the case of
Arnel Rodriguez, the Office of the Public Prosecutor had not received any
complaint.
557. Pedro Miguel Franquis Aguilar, who was arrested on 25 February 1992 in
La Laguna, Caracas, by the Metropolitan Police. One week later, he was
reportedly found dead with signs of having been tortured. The Government
reported that three officials of the Metropolitan Police had been dismissed
from their posts and in 1994 sentenced to 7 years and 6 months imprisonment
for homicide. On 27 June 1995, the Second Criminal Court of the State of
Miranda suspended their sentences.
E/CN. 4/1997/7/Add. 1
page 116
558. Ivo Rodriguez Escudero who was arrested on 26 November 1992 in Valencia
by members of the DISIP. The Government reported that on 6 September 1994,
the Office of the Public Prosecutor filed charges in the Second Criminal Court
of First Instance of the State of Carabobo, which had subsequently handed down
a decision declaring that the investigation was closed due to prescription of
the penal action.
559. John Antonio PIez and Edgar Rafael SuIrez 1-lermoso, who were arrested in
Maracay on 22 January 1994 and 9 December 1992, respectively. The Government
informed the Special Rapporteur that no complaint had been lodged with the
Office of the Public Prosecutor in these cases.
560. José Fermin Macarri, a minor, who was arrested in July 1992 in Caracas
by the Metropolitan Police. The Government reported that the person in
question had not appeared at the Institute of Forensic Medicine for the
medical examination that would have provided the Public Prosecutor with the
necessary evidence for the processing of his case. It had therefore been
impossible to request an informaciôn de nudo hecho procedure.
561. José Blondell, who was arrested by officers of the PTJ of El Llanito,
Petare, in March 1992. The Government reported that, despite multiple
requests, the person had not appeared before the Office of the Public
Prosecutor to confirm the facts as reported. Consequently, it had been
impossible to request an informaciôn de nudo hecho procedure.
562. Persons who were detained at the Barquisimeto police headquarters
on 27 November 1992 on the occasion of a coup d'etat (urgent appeal by the
Special Rapporteur dated 10 December 1992) . The Government reported that no
complaint had been lodged with the Office of the Attorney-General of the
Republic and that, consequently, no proceedings had been undertaken concerning
the incommunicado detention, ill-treatment or other violations of these
persons' human rights.
563. Jesus Antonio Castillo Gômez, who was arrested by the investigatory
police during the events which occurred at the Central University of Venezuela
on 23 January 1992. The Government reported that the person in question had
informed the Office of the Prosecutor in May 1994 that he did not wish the
investigation to continue and that, as a result, it had decided to close the
case.
564. Romer Figueroa Lizardi, who died after being arrested in May 1992 in
Ciudad Guayana, Bolivar, by the National Guard. The Government reported that
on 13 April 1993, the Supreme Court had decided to declare the Permanent
Military Court of Maturin competent to conduct the pre-trial investigation.
On 15 July 1994, the President of the Republic dismissed the case.
Viet Nam
565. On 28 March 1996 the Special Rapporteur made an urgent appeal in
conjunction with the Special Rapporteur on extrajudicial, summary or arbitrary
executions on behalf of Ly Thara, Ly Chandara (editor of the Cambodian-based
Vietnamese language magazine Viet Nam Tu Do ) and Nguyen Phong Son, who had
been deported from Cambodia to Viet Nam and were detained at Chi Hoa prison in
E/CN. 4/1997/7/Add. 1
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Ho Chi Minh City. Ly Thara had allegedly been beaten severely by
interrogators to force a confession and was said to be facing the death
penalty for crimes aimed at overthrowing the Government. Ly Chandara, who was
reportedly being held in shackles, and Nguyen Phong Son were accused of
writing articles critical of the Government. On 18 July 1996 the Government
replied that they had been deported for having engaged in activities opposing
Viet Nam on Cambodian soil. They were being treated humanely and receiving
adequate medical attention and were in a normal condition of health.
566. On 2 April 1996 the Special Rapporteur, in conjunction with the Chairman
of the Working Group on Arbitrary Detention, made an urgent appeal on behalf
of Thich Hai Tang, a Buddhist monk, who was reportedly being held in an
underground solitary confinement cell, where he had been placed several months
earlier, and was being denied urgent medical treatment for stomach ulcers. On
19 July 1996 the Government replied that he had been brought to Hanoi for
treatment of his stomach pain, not for solitary confinement underground. His
health had stabilized, he was eating normally and he had gained weight. He
had always been treated humanely while serving his sentence.
Yugoslavia
567. By letter dated 6 August 1996 the Special Rapporteur transmitted to the
Government the cases of the following persons alleged to have been severely
beaten by the police in timjle, Kosovo, in the dates mentioned in brackets:
Rexhep Tahiri (7 June 1994), Sami Dugolli (11 March 1996), Ali Sadriu
(10 March 1996) , Hana Tahiri, aged 89 or 90 (11 March 1996) , Xhevdet Tahiri,
aged 13 or 14; Idriz Bajrami, (19 March 1996); and Nebih Hoxha, (3 May 1996)
568. The Special Rapporteur also transmitted the case of Enver Grajçevi, an
ethnic Albanian, who was reportedly arrested on 2 April in Priflina. At the
time of his arrest he was said to be carrying a bag containing some 200 copies
of a magazine issued by the clandestine organization the National Movement for
the Liberation of Kosovo (LKcK) . He was allegedly subjected to torture,
including electric shocks.
Urgent appeals
569. The Special Rapporteur, in conjunction with the Chairman of the Working
Group on Arbitrary Detention and the Special Rapporteur on the situation of
human rights in the territory of the former Yugoslavia, made urgent appeals on
22 March and 30 April 1996. With respect to the 22 March appeal, it had been
alleged that in timle, Kosovo, in February and March 1996, a number of
persons had been questioned by police about their political and educational
activities and some had been ill-treated, including Ali Sadriu, of the
political party Lidha Demokratike ë Kosovés (LDK) , Sami Dugolli,
Zenun Dugolli, Ragip Heseti, as well as a number of religious leaders and
students, including Syleman Zuka and Shavit Rama. In a reply dated
17 April 1996 the Government stated that the aforementioned persons had not
been detained, nor had any criminal proceeding been conducted against them.
They had not lodged any criminal charges against the officers alleged to be
responsible.
E/CN. 4/1997/7/Add. 1
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570. With respect to the appeal of 30 April 1996, information was received
that more than 60 ethnic Albanians had been arbitrarily arrested in timlje,
Detlane and PeD, following four separate incidents involving the deaths of five
and the wounding of four ethnic Serbs on 22 April 1996. Some of the arrestees
had allegedly been subjected to torture or other ill-treatment, including
Nazmi Kabahsi, Shaqir Kreziu, Ramush Ahmeti and Ramush Sylaj.
571. On 8 October 1996 the Special Rapporteur, in conjunction with the
Special Rapporteur on the situation of human rights in the territory of the
former Yugoslavia, made an urgent appeal on behalf of a number of ethnic
Albanians from Kosovo allegedly ill-treated by police upon returning to Kosovo
from Germany following unsuccessful attempts to receive asylum in Germany.
Zaire
572. On 14 October 1996, the Special Rapporteur transmitted to the Government
information on the cases summarized below.
573. Odia Kabongo and Disashi Mwimpata were reportedly arrested on
9 and 10 December, respectively, in Lubumbashi by the Civil Guard. While in
detention, they were allegedly beaten with a metal bar and suffered various
fractures.
574. Kyamba Abedi was reportedly struck violently by a group of Civil Guard
officers on 24 August 1995 at her home in Camp Mangengenge, Kinshasa. She was
taken to Maluku Hospital, where she died of her wounds.
575. Jean-Paul Kashila was arrested on 21 September 1995 in Kinshasa by three
soldiers, who reportedly accused him of being in possession of a membership
card of the Union pour la démocratie et le progrês social (Union for Democracy
and Social Progress) . He was allegedly detained for 21 days on the premises
of the Military Action and Information Service and tortured (in particular,
his head is said to have been shaved with a piece of broken glass)
576. Luanda Kibabo, Bahati Dieudonné, Nsdasimwa Maliralerwa, Byamungu Baroki,
Milira Kubuya, Muhindo Mawazo, Bonane Bandu, Kamulete Ngabo and Kahima Bakulu
were reportedly arrested on 28 January 1996 in Mweso by soldiers, who
violently tortured them. It is alleged that Kamulete Ngabo and
Byamungu Baroki died and Luanda Kibabo required the amputation of one hand as
a result of this treatment.
577. Sabini Victorina was reportedly arrested on 11 May 1996 in Kanyabayonga
by members of the Goma Military Action and Information Service. While in
detention, she was allegedly raped by several soldiers.
578. Mbaire Lubuto was reportedly arrested on 15 June 1996 in Kirotshe by
Operation Kimia soldiers and held in Sake, where he was tortured and subjected
to inhuman treatment. In particular, he was allegedly wounded with a bayonet
and a hot iron bar.
579. The Special Rapporteur also transmitted to the Government urgent appeals
on behalf of the following persons: Malira Kabuya, Byanungu Kahima,
Ndasimwa Malire and Bonane, who were arrested on 29 January 1996 at Mweso, in
E/CN. 4/1997/7/Add. 1
page 119
the Bachali Mokoto district of the town of Bashali in the Masisi zone of
North Kivu (7 March 1996) ; Didi Mwati Bulambo, arrested on 25 July 1996 in the
Mwenga zone of South Kivu (31 July 1996) ; Mr. Kabande and Mr. Rugazura, both
local chiefs, and three clergymen, Mr. Muzizi, Mr. Bugunzu and Mr. Semutobo,
who were arrested on 20 August 1996 in their village, Lemera, in the Uvira
zone of South Kivu (9 September 1996) ; an unknown number of members of the
Banyamulenge population of Uvira, South Kivu, after clashes with the
Zairian army in early September (12 September 1996); and Kabuku Makule and
Albert Muhingi, who were arrested on approximately 16 September 1996 between
Kitshanga and Goma (8 October 1996)
Zambia
580. The Special Rapporteur made an urgent appeal on 20 March 1996 on behalf
of Fred M'membe, editor in chief and Bright Mwape, managing editor of the
newspaper The Post , who were detained in connection with articles critical of
the Government published in the newspaper. On 2 April 1996 the Government
replied that they had been detained after refusing to obey a summons to appear
before the Privileges and Immunities Committee of the National Assembly to
answer allegations of debasing the National Assembly. There was no
information to suggest that they had been subjected to torture or
ill-treatment and they had not complained of such upon their release.
Other communications: information transmitted to
the Palestinian Authority
581. The Special Rapporteur sent to the Palestinian Authority the urgent
appeals described in the paragraphs below.
582. At least 700 suspected supporters of Hamas or Islamic Jihad were
reportedly detained following several suicide bombings which had occurred in
Israel. Many of these persons were being held incommunicado and some had
allegedly been subjected to beatings during interrogation in Gaza, Jericho and
Nablus prisons (27 March 1996)
583. Adib Muhammad Ziadeh was reportedly arrested by members of the security
forces ( mukhabarat ) on 8 March 1996 and taken to the intelligence section of
Jericho prison for interrogation. He had allegedly been beaten severely and
subjected to prolonged sleep deprivation and had been twice admitted to
hospital during his detention. He was continuing to be held for interrogation
(9 April 1996)
584. lyad al-Sarraj, Director of the Gaza Community Mental Health Programme,
was reportedly arrested on 10 June 1996 and allegedly beaten by police in
custody. He was subsequently charged with drugs possession, pursuant to which
a magistrates court reportedly ordered him released on bail. However, the
State Security Court ordered that he remain detained in connection with a new
allegation of assault on a police officer. According to the information
received, he was continuing to be subjected to ill-treatment in detention
(17 June 1996)
585. ‘Ayman Sliman Muhammad al-Sabbah, Jamal al-Nabulsi and Naser Juma' were
among a group of people arrested following their participation in a
E/CN. 4/1997/7/Add. 1
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demonstration on 2 August 1996 in Tulkarem. They had reportedly been
subjected to severe beatings by members of the naval police in Jneid prison,
Nablus. ‘Ayman al-Sabbah was allegedly beaten for seven hours on the soles of
his feet. It was also reported that on 31 July 1996 another detainee in Jneid
prison, Mahmud Jumayel, had died after being suspended from the ceiling,
beaten and burned with electric implements and cigarettes. On 18 August 1996
the Palestinian Authority informed the Special Rapporteur that it would
investigate the above-described situation and take all proper measures through
the appropriate channels (16 August 1996)
586. Muhammad Yussef Matir, Yasser Muhammad Hantashal, Muhammad Hussain Abu
Hawash, Isma'il al-Haj Musa al-Hantashal, Mustapha Ibrahim Abu Hawash, and
Muhammad Jun Abu Hawash were reportedly arrested by the Palestinian Authority
between 6 and 8 August 1996 in Dura, near Hebron. They were said to be held
incommunicado in the custody of the Palestinian Preventive Security at an
unknown location (23 August 1996)
