Site icon Iran Human Rights Documentation Center

Report of the Special Rapporteur, Mr. Nigel Rodley, submitted pursuant to Commission on Human Rights resolution 1995/37

          
          UNITED
          NATIONS
          E
          Economic and Social
          Distr.
          GENERAL
          Council
          E/CN.4/1996/35
          9 January 1996
          Original: ENGLISH
          COMMISSION ON HUMAN RIGHTS
          Fifty-second 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
          CONTENTS
          Paragraphs
          Page
          Introduction
          1- 2 4
          I. MANDATE AND METHODS OF WORK . . . . 3 - 17
          II. INFORMATION REVIEWED BY THE SPECIAL RAPPORTEUR
          WITH RESPECT TO VARIOUS COUNTRIES 18 - 195 10
          6
          Albania
          Algeria
          Argentina
          Austria
          Bahamas
          Bahrain
          Bangladesh
          Bolivia
          20-23
          24-25
          26-27
          28-29
          10
          11
          11
          11
          30 11
          31- 33 12
          34-35 12
          36
          Brazil . . . . . . 37
          Bulgaria 38
          Burundi
          39
          12
          13
          13
          13
          GE.96-10156 (E)
        
          
          E/CN. 4/1996/35
          page 2
          CONTENTS ( continued)
          Paragraphs Page
          Canada . . . . 13
          Chile . . . . 13
          China . . . . 13
          Colombia . . . 14
          Côte d'Ivoire . . 16
          Cuba 16
          Denmark 16
          Dominican Republi 16
          Ecuador 16
          Egypt 16
          Equatorial Guinea 17
          Ethiopia . 17
          France . . 17
          Gambia . . 17
          Germany . 18
          Greece . . 18
          India . . 18
          Indonesia 20
          Iran (Islami 20
          Iraq . . . 21
          Israel . . 22
          Italy . . 23
          Jamaica . 23
          Japan . . 23
          Kenya . . 23
          Latvia . . 24
          Libyan Arab . 24
          Mauritania . 24
          Mexico . . . 24
          Mongolia . . 25
          Morocco . . 26
          Myanmar . . 26
          Nepal . . . 26
          Norway . . . 26
          Pakistan . . 26
          Peru . . . . 28
          Philippines . 30
          Republic of . 30
          Romania . . 30
          Russian Federation . 30
          Saudi Arabia . . . . 33
          Slovak Republic . . 34
          c
          c Republic of)
          Jamahiriya
          Korea
          40
          41- 42
          43-47
          48-54
          55
          56
          57
          58
          59
          60-63
          64
          65
          66
          67
          68
          69
          70- 77
          78- 79
          80- 81
          82- 87
          88- 92
          93
          94
          95
          96 - 100
          101
          102
          103
          104 - 107
          108 - 111
          112
          113 - 114
          115
          116
          117 - 123
          124 - 136
          137
          138
          139
          140 - 150
          151 - 153
          154
        
          
          E/CN. 4/1996/35
          page 3
          CONTENTS ( continued)
          Paragraphs Page
          South Africa
          Spain
          Sri Lanka
          Sudan
          Syrian Arab Republic . .
          Switzerland
          Togo
          Tunisia
          Trinidad and Tobago . .
          Turkey
          Turkmenistan
          United Arab Emirates . .
          United Republic of Tanzania
          United States of America
          Uzbekistan
          Venezuela
          Yemen
          Yugoslavia
          Zaire
          CONCLUSIONS AND RECOMMENDATIONS
          155 - 158
          159
          160
          161 - 164
          165 - 169
          170
          171
          172
          173
          174 - 178
          179
          180
          181
          182 - 185
          186
          187 - 188
          189 - 190
          191 - 194
          195
          34
          35
          35
          35
          36
          37
          37
          37
          37
          37
          39
          39
          39
          39
          40
          40
          40
          41
          41
          III.
          196 - 201 42
        
          
          E/CN. 4/1996/35
          page 4
          Introduction
          1. The mandate of the Special Rapporteur on torture, assigned since
          April 1993 to Mr. Nigel S. Rodley (United Kingdom) , was renewed for three more
          years by the Commission in its resolution 1995/37 B. In conformity with this
          resolution the Special Rapporteur hereby presents his third report to the
          Commission. Chapter I deals with a number of aspects pertaining to the
          mandate and methods of work. Chapter II consists mainly of a review of the
          information transmitted by the Special Rapporteur to Governments, as well as
          the replies received, from 20 December 1994 to 15 December 1995. Chapter III
          contains conclusions and recommendations.
          2. In addition to the above-mentioned resolution, several other resolutions
          adopted by the Commission on Human Rights at its fifty-first session are also
          pertinent to the mandate of the Special Rapporteur and have been taken into
          consideration in examining and analysing the information brought to his
          attention with regard to the different countries. These resolutions are, in
          particular:
          (a) Resolution 1995/24, entitled “Rights of persons belonging to
          national or ethnic, religious and linguistic minorities”, in which the
          Commission urged the special rapporteurs, within their respective mandates,
          to continue to give due regard to the Declaration on the Rights of Persons
          Belonging to National or Ethnic, Religious and Linguistic Minorities;
          (b) Resolution 1995/40, on the promotion of the right to freedom of
          opinion and expression, in which the Commission invited the special
          rapporteurs to pay attention, within the framework of their mandates, to the
          situation of persons detained, subjected to violence, ill-treated or
          discriminated against for having exercised the right to freedom of opinion and
          expression;
          (c) Resolution 1995/41, entitled “Human rights and the administration
          of justice, in particular of children and juveniles in detention”, in which
          the Commission called upon the special rapporteurs to continue to provide,
          wherever appropriate, specific recommendations relating to the effective
          protection of human rights in the administration of justice;
          (d) Resolution 1995/43, entitled “Human rights and terrorism”, in which
          the Commission urged all thematic special rapporteurs to address as
          appropriate the consequences of the acts, methods and practices of terrorist
          groups in their reports to the Commission;
          (e) Resolution 1995/53, entitled “Advisory Services and the Voluntary
          Fund for Technical Cooperation in the Field of Human Rights”, in which the
          Commission invited the special rapporteurs to continue to include in their
          recommendations, whenever appropriate, proposals for specific projects to be
          realized under the programme of advisory services;
          (f) Resolution 1995/57, entitled “Internally displaced persons”, in
          which the Commission called upon relevant rapporteurs, in accordance with
          their mandates, to seek information on situations which had already created or
          could lead to internal displacement;
        
          
          E/CN. 4/1996/35
          page 5
          (g) Resolution 1995/75, entitled “Cooperation with representatives of
          United Nations human rights bodies”, in which the Commission requested all
          representatives of human rights bodies to continue to take urgent steps, in
          conformity with their mandates, to help prevent the hampering of access to the
          United Nations human rights procedures in any way and to help prevent the
          occurrence of intimidation and reprisals against persons who seek to
          cooperate, or have cooperated with United Nations human rights procedures, as
          well as relatives of victims of human rights violations, and to continue to
          include in their reports to the Commission on Human Rights a reference to
          allegations of intimidation or reprisal and of hampering of access to
          United Nations human rights procedures, as well as an account of action taken
          by them in that regard;
          (h) Resolution 1995/79, entitled “Rights of the Child”, in which the
          Commission recommended that special rapporteurs pay special attention to
          particular situations in which children were in danger;
          (i) Resolution 1995/80, entitled “Comprehensive implementation of and
          follow-up to the Vienna Declaration and Programme of Action”, in which the
          Commission called upon all special rapporteurs to take fully into account the
          recommendations contained in the Vienna Declaration and Programme of Action
          within their mandates;
          (j) Resolution 1995/85, entitled “The elimination of violence against
          women”, in which the Commission requested other special rapporteurs to
          cooperate with and assist the Special Rapporteur on violence against women in
          the performance of the tasks and duties mandated, and in particular to respond
          to requests for information on violence against women, its causes and its
          consequences;
          (k) Resolution 1995/86, entitled “Question of integrating the human
          rights of women into the human rights mechanisms of the United Nations”, in
          which the Commission requested the special rapporteurs regularly and
          systematically to include in their reports information on violations of the
          human rights of women;
          (1) Resolution 1995/87, entitled “Human rights and thematic
          procedures”, in which the Commission requested the thematic special
          rapporteurs to include in their reports comments on problems of responsiveness
          and the result of analyses, as appropriate, in order to carry out their
          mandates even more effectively, and to include also in their reports
          suggestions as to areas where Governments might request relevant assistance
          through the programme of advisory services administered by the Centre for
          Human Rights; the Commission also called on the special rapporteurs to include
          in their reports gender-disaggregated data and to address the characteristics
          and practice of human rights violations that were specifically or primarily
          directed against women, or to which women were particularly vulnerable;
          (m) Resolution 1995/88, entitled “Human rights and mass exoduses”, in
          which the Commission invited the special rapporteurs to seek information,
          where appropriate, on problems resulting in mass exoduses of populations or
          impeding their voluntary return home.
        
          
          E/CN. 4/1996/35
          page 6
          I. MANDATE AND METHODS OF WORK
          3. The Special Rapporteur has continued to follow the methods of work
          described in the first report of his tenure (E/CN.4/1994/31, chap. I)
          and approved by the Commission in its resolutions 1994/37, paragraph 13,
          and 1995/37 B, paragraph 6.
          4. Continuing the practice, reported on last year, of seeking to avoid
          unnecessary duplication of the activities of the thematic mechanisms
          (E/cN.4/1995/34, paras. 8 and 9), either among themselves or with country
          rapporteurs, the Special Rapporteur has been involved in a number of
          cooperative initiatives. These include joint urgent appeals and requests for
          joint missions. In respect of the former, such appeals have addressed the
          effects of proposed or enacted legislation (see communication to the
          Government of Peru, paras. 133-134) ; concerns regarding a general situation
          or an incident (see below, appeals to Burundi, para. 39, Israel, para. 91,
          Colombia, para. 48, the Russian Federation, para. 141, Turkey, para. 177 and
          the United Republic of Tanzania, para. 181) ; or concerns in regard to
          individual cases (see below, appeals to Cuba, para. 56 and the Sudan,
          para. 163) . As for joint missions, the Special Rapporteur has found,
          unexpectedly, that some Governments with which he and other thematic
          mechanisms have been in touch with a view to a possible joint mission, have
          responded less than enthusiastically to the idea, despite the benefits of
          avoidance of duplicative demands on official time and resources.
          5. The Special Rapporteur is pleased to state that the Government of Chile
          rapidly acceded to his request to visit the country and the mission took place
          from 21 to 27 August 1995. The report of the visit is contained in Addendum 2
          to this report. At the time of preparation of the present report he was also
          due to visit Pakistan in December after the Government, following approaches
          from the Special Rapporteur (see E/CN.4/1995/34, paras. 11 and 552), had
          agreed to a visit. However, the Government decided once more to postpone the
          visit four days before it was due to begin. On the other hand, none of the
          other member States which he had previously approached (see E/CN.4/1995/34,
          para. 11) , that is, Cameroon, India and Indonesia have as yet invited him to
          visit their countries. Despite the Government of Venezuela having agreed to a
          visit early in 1995 (see E/cN.4/1995/34, para. 865), it did not offer any
          dates for a visit, nor otherwise communicate its intentions to the Special
          Rapporteur. During the year he approached the Governments of China, Mexico
          and Turkey with a view to receiving an invitation to visit their countries.
          He is still awaiting responses from these Governments.
          6. Within the framework of related activities of the Commission on Human
          Rights, the Special Rapporteur participated in the second Meeting of special
          rapporteurs/special representatives/experts and chairpersons of working groups
          of the special procedures of the Commission on Human Rights and of the
          advisory services programme, which took place from 29 to 31 May 1995. The
          report of the meeting, of which he was Rapporteur, is contained in document
          E/CN.4/1996/5O. The Special Rapporteur was unfortunately prevented by lack of
          financial resources from attending the Commission's open-ended working group
          on a draft optional protocol to the Convention against Torture and Other
          Cruel, Inhuman or Degrading Treatment or Punishment. However, he requested
        
          
          E/CN. 4/1996/35
          page 7
          the Secretariat to make again available to the working group his views on
          certain issues, which had already been before it in written form the previous
          year (E/CN.4/1994/WG.11/WP.2).
          7. Bearing in mind Commission resolution 1995/37 B in which the Commission
          considered it desirable that the Special Rapporteur should pursue cooperation
          with relevant United Nations programmes, notably that on crime prevention and
          criminal justice, the Special Rapporteur attended the Ninth United Nations
          Congress on the Prevention of Crime and the Treatment of Offenders, held in
          Cairo from 29 April to 8 May 1995. At the Congress, he participated in an
          ancillary meeting organized by Penal Reform International (PRI) on a draft
          manual prepared by PRI with the aim of making the Standard Minimum Rules for
          the Treatment of Prisoners more accessible, especially to prison staff. He
          also attended the Fourth World Conference on Women, held in Beijing,
          from 4 to 15 September 1995, during which he participated in a seminar
          organized by the Centre for Human Rights. He drew attention to the position
          taken by the meeting of special procedures (see para. 7 above) on the issue of
          integration of women's rights into their work and explained how he had sought
          to give effect to the policy in his own work. In addition, he was able to
          attend the United Nations fiftieth anniversary meeting of the International
          Scientific Professional Advisory Council of the United Nations Crime
          Prevention and Criminal Justice Programme (ISPAC), held in Courmayeur, Italy,
          from 15 to 17 October 1995. Although participating on behalf of the
          University of Essex Human Rights Centre, he addressed the gathering on the
          evolution of United Nations thematic machinery, with particular reference to
          his own mandate.
          8. The Special Rapporteur considers his annual reports to the Commission
          among his most crucial activities. In previous years, the structure, format
          and content of the reports have elicited favourable comments in the
          Commission. It is with some regret, therefore, that he has been constrained
          by limits imposed by the Conference Services Division of the Secretariat on
          the length of reports to amend the format this year. The main change is in
          chapter II. In the past, this chapter contained increasingly succinct
          summaries of information transmitted to Governments, urgent appeals made to
          them and their responses, if any, as well as observations in respect of those
          countries where allegations suggested that torture might be taking place
          extensively. This year the chapter will consist only of brief summaries of
          general allegations, statistics of numbers of individual cases transmitted and
          responses received and, as relevant, observations. More complete summaries
          are to be found in an addendum to the present report (E/CN.4/1996/35/Add.1)
          Owing to the heavy burden which has been placed on its resources, the
          Conference Service has been unable to provide translation of that addendum,
          which is a multilingual document. The information it contains, organized on a
          country by country basis, following the order of the main report, is available
          only in the language in which the dialogue with each Government has taken
          place. This will doubtless cause substantial inconvenience to Governments,
          non-governmental organizations and other interested and concerned readers.
          The Special Rapporteur shares the dismay that this will be bound to cause.
        
          
          E/CN. 4/1996/35
          page 8
          Follow-up to paragraph S of Commission resolution 1994/3 7 B
          9. In paragraph S of its resolution 1994/37 B the Commission on Human Rights
          invited the Special Rapporteur to examine questions concerning torture
          directed primarily against women and children and conditions conducive to such
          torture, and to make appropriate recommendations concerning the prevention of
          gender-specific forms of torture and the torture of children. In his report
          to the Commission in 1995, the Special Rapporteur addressed the issue of
          torture as it pertains to women (E/CN.4/199 5/34, paras. 15-24) . In the
          paragraphs below the issue of torture and children is considered.
          10. The Special Rapporteur has received information regarding a significant
          number of cases where the victims of torture or cruel, inhuman or degrading
          treatment or punishment are children. While there is no evidence to suggest
          that children suffer torture or ill-treatment in disproportionate frequency
          compared with adults or that children are generally subjected to particular
          forms of torture or ill-treatment applied uniquely to them in their status as
          children, there remains none the less a clear and compelling necessity to
          make a separate comment on the issue. This necessity derives from the
          consideration that children are necessarily more vulnerable to the effects of
          torture and, because they are in the critical stages of physical and
          psychological development, may suffer graver consequences than similarly
          ill-treated adults.
          11. By far the most frequently expressed concerns with respect to children
          that have been conveyed to the Special Rapporteur are those relating to
          conditions of detention. The Special Rapporteur has received information
          indicating that some children have been subjected to lengthy periods of
          pre-trial confinement in police lock-ups and other places of detention. In
          this context, it should be noted that, as is true with respect to adult
          detainees, conditions of pre-trial detention may be particularly conducive to
          torture or ill-treatment. Another problem, reported to be widespread in many
          regions of the world, is that of overcrowding of children's cells, both in
          places of pre-trial detention and in prisons. Some facilities are said to
          hold a number of children that is more than three times the officially
          proclaimed capacity. The lack of adequate space and facilities has in some
          situations resulted in children being held together with adult detainees or
          prisoners, a circumstance which leaves them vulnerable to violent attacks, as
          well as damaging influence. Even in situations where children are held
          separately, prison personnel may often lack the training to deal with the
          special requirements of juvenile detention.
          12. Children are reportedly often detained in unsanitary conditions, leaving
          them exposed to the risk of disease and other health problems. In some cases,
          the provision of food is inadequate, resulting in instances of malnutrition
          and, in extreme cases, starvation. This problem is manifested in the not
          uncommon practice of child detainees being left dependent on family members
          bringing food to places of detention or of the detainees or their families
          being required to make payments to the authorities in order to receive
          adequate and decent food. Many prisons and other detention centres where
          children are kept are also bereft of any or adequate medical facilities.
        
          
          E/CN. 4/1996/35
          page 9
          Moreover, the absence of recreational and educative facilities may adversely
          effect the mental and emotional well-being and development of detained
          children.
          13. One class of children that has notably been targeted for torture and
          ill-treatment by some police units are the so-called street children. Such
          children, in order to survive, live and sometimes work on the streets without
          adult supervision or companionship. In various operations aimed at “socially
          cleansing” the streets of such children, police have allegedly resorted to
          such abuse as severe beatings, sexual assault and, in extreme cases,
          extrajudicial executions.
          14. In a few countries, corporal punishment may be administered to children
          convicted of certain offences. In one country, it was reported that children
          as young as 12 years old have been subjected to flogging.
          15. Children may be tortured or ill-treated in a surrogate capacity, where
          the intended target is in fact the child's parents or other relatives or a
          friend. In such cases, the motive for attacking the child may be to induce a
          suspect to come out of hiding, to prompt a confession or the provision of
          information by an individual connected to the child or to inflict punishment
          upon that person.
          16. In addition to the international instruments which proscribe torture
          generally, the Special Rapporteur would draw attention to the Convention on
          the Rights of the Child, particularly article 37, wherein State Parties are
          required to ensure, inter alia , that “no child shall be subjected to torture
          or other cruel, inhuman or degrading treatment or punishment”; that “every
          child deprived of liberty shall be treated with humanity and respect for the
          inherent dignity of the human person, and in a manner which takes into account
          the needs of persons of his or her age”; and that “every child deprived of
          liberty shall be separated from adults unless it is considered in the child's
          best interest not to do so”
          17. The recommendations aimed at preventing the practice of torture made in
          the report of the Special Rapporteur to the Commission at its fifty-first
          session (E/CN.4/1995/34, para. 926) are of course applicable to the situation
          of children held in custody. For such children, these recommendations should
          be supplemented with the relevant provisions of the United Nations Rules for
          the Protection of Juveniles Deprived of their Liberty and the United Nations
          Standard Minimum Rules for the Administration of Juvenile Justice (the
          “Beijing Rules”). Of particular importance in the former instrument are the
          provisions of article 17, including that the detention of children “before
          trial shall be avoided to the extent possible and limited to exceptional
          circumstances”, and of article 67, including that “all disciplinary measures
          constituting cruel, inhuman or degrading treatment shall be strictly
          prohibited, including corporal punishment, placement in a dark cell, closed or
          solitary confinement or any other punishment that may compromise the physical
          or mental health of the juvenile concerned”. Also to be emphasized are
          articles 31 to 37, concerning conditions of the physical environment and
          accommodation; articles 49 to 55, concerning the right to adequate medical
          care; articles 63 to 65, concerning the strict limitations that are to be
          placed on physical restraint and the use of force by authorities; articles 66
        
          
          E/CN. 4/1996/35
          page 10
          to 71, concerning disciplinary procedures, and articles 81 to 87, concerning
          the personnel of institutions of detention, including the requirement of
          specialists and staff trained to deal with juveniles. The “Beijing Rules”
          contain similar and parallel provisions to the above (see, in particular,
          rules 10, 11, 13, 26)
          II. INFORMATION REVIEWED BY THE SPECIAL RAPPORTEUR WITH RESPECT
          TO VARIOUS COUNTRIES
          18. During the period under review, the Special Rapporteur transmitted 113
          urgent appeals to 43 Governments concerning some 410 individuals (at
          least 31 known to be women) , as well as several groups of persons, with
          regard to whom fears of torture had been expressed. He also sent 55 letters
          to 48 Governments containing some 750 cases (about 120 known to be women) or
          incidents of alleged torture. If the information received from the sources
          contained a critical analysis of a more general nature regarding the
          phenomenon of torture, this information was also brought to the attention
          of the Governments concerned. In addition, 41 countries provided the
          Special Rapporteur with replies on some 330 cases submitted during the current
          year, whereas 26 did so with respect to some 330 cases submitted in previous
          years.
          19. This chapter contains brief summaries of the general allegations
          transmitted by letter to Governments, as well as a numerical breakdown of the
          individual cases of alleged torture and urgent appeals transmitted to the
          respective country, and the cases of allegations and urgent appeals to which
          replies were received from Governments. Observations by the Special
          Rapporteur have also been included where applicable.
          Albania
          20. The Special Rapporteur informed the Government that he had received
          information according to which torture or ill-treatment of persons in the
          custody of the police was widespread. Such abuse was said to be facilitated
          by the frequent failure of the police to bring arrested persons before a judge
          within the 24-hour period required by law. The prosecution of police officers
          for such misconduct was said to be rare.
          21. The Special Rapporteur has in particular received information concerning
          the alleged ill-treatment of hunger strikers in August 1994. The strike
          had been called by the National Council of the Association of Former
          Political Prisoners, Internees and Persecuted Persons in support of demands
          for economic compensation for persons formerly imprisoned for political
          reasons. On 5 August, after about 2,500 persons had commenced the hunger
          strike, the Tirana District court ordered an end to the strike. Police
          officers allegedly beat hunger strikers in Pogradec, Durrés and Fier.
          On 12 August a gathering of hunger strikers was broken up in Tirana, with
          police beating many persons.
          22. The Special Rapporteur has also received information according to which
          the police have targeted members of the Socialist Party for ill-treatment,
          especially in the run-up to and during the national referendum on a draft
          constitution conducted in November 1994.
        
          
          E/CN. 4/1996/35
          page 11
          23. In addition, the Special Rapporteur transmitted 27 individual cases.
          Algeria
          24. The Special Rapporteur informed the Government that he had received
          reports according to which, since the establishment of the state of emergency
          in 1992, the security forces have resorted to the torture of detainees during
          garde a vue detention, the length of which is often illegal. Whilst in
          garde a vue detention, detainees are completely cut off from the outside
          world, and their families and lawyers are unable to locate their place of
          detention. The method of torture most commonly used by the security forces is
          the chiffon (cloth), whereby a detainee is tied to a bench and a cloth is
          stuffed into his mouth and large quantities of dirty water mixed with
          detergent or other chemicals is poured into his mouth. Other methods used are
          burning of the skin with a blowtorch ( chalumeau ) , electric shocks, suspension
          by the wrist, sexual abuse, etc.
          25. In addition, the Special Rapporteur transmitted three individual cases.
          He also sent an urgent appeal on behalf of one person. The Government replied
          to all of them.
          Argentina
          26. The Special Rapporteur received from the Government replies
          to 15 individual cases transmitted in 1994.
          Observations
          27. The Special Rapporteur took note of the comment made by the Government
          in its reply to the effect that the responses could not be considered as
          definitive since, in most of the cases, the investigations were still under
          way. However, during 1995 the Special Rapporteur did not receive additional
          information from the Government.
          Austria
          28. The Special Rapporteur informed the Government that he had received
          reports indicating that a number of foreigners, some of them asylum-seekers,
          had been subjected to ill-treatment by police or prison officers. During
          periods of pre-expulsion detention ( Schubhaft) , which under law may last for
          up to six months, foreigners were said to be most vulnerable to ill-treatment.
          Asylum-seekers subjected to ill-treatment were typically reluctant to make any
          formal complaints for fear that their asylum applications would be prejudiced.
          29. The Special Rapporteur also transmitted one individual case to the
          Government.
          Bahamas
          30. The Special Rapporteur transmitted one urgent appeal to the Government on
          behalf of two persons.
        
          
          E/CN. 4/1996/35
          page 12
          Bahrain
          31. The Special Rapporteur advised the Government that he had received
          information according to which persons arrested by the security forces for
          political reasons since December 1994 had been tortured in order to extract
          information or “confessions”. The forms of torture reported include severe
          beatings, suspension from the limbs for prolonged periods and sexual abuse.
          At least 700 persons were said to have been arrested, mainly from the
          predominantly Shi'a Muslim districts in Sitra, Jidd Hafs and the
          Northern Region. The detainees were typically held incommunicado for
          prolonged periods, without charge or trial, in al-Qala and Jaw prisons. A
          large number of persons, including many women, were also allegedly beaten or
          otherwise ill-treated during house-to-house searches and peaceful protests.
          32. With respect to those allegations, the Government replied that from
          December 1994 to April 1995 Bahrain had been subjected to a foreign backed
          campaign of terror aimed at destabilizing the country with the objective of
          creating a fundamentalist regime under foreign control. Under Bahraini law,
          torture is a criminal offence and aggrieved persons have the right to seek
          redress in the courts. However, no complaints about torture had been filed in
          Bahrain.
          33. In addition, the Special Rapporteur communicated five individual cases,
          to which the Government provided replies. He also transmitted four urgent
          appeals on behalf of nine persons and the Government replied to one of those
          appeals on behalf of two persons. The Government also replied to an urgent
          appeal on behalf of two persons which had been transmitted last year.
          Bangladesh
          34. The Special Rapporteur informed the Government that he had received
          information according to which local village arbitration councils, known as
          salish , had convicted and sentenced a number of persons to public flogging or
          death. The salish were said to be traditional institutions without legal
          standing established on an ad hoc basis for the purposes of dispute
          resolution. The defendants appearing before the salish were almost always
          women whose behaviour did not conform to religious or socially accepted norms.
          Local clerics play a primary role in the salish and apply Sharia law, often in
          contravention to the civil law comprising the Bangladesh Penal Code. The
          salish reportedly operate with little interference from legally established
          official institutions.
          35. In addition, the Special Rapporteur transmitted eight individual cases,
          as well as a number of cases transmitted in 1994 regarding which no reply had
          been received.
          Bolivia
          36. The Special Rapporteur sent an urgent appeal on behalf
          of 22 trade-unionists arrested in April 1995 in various areas of the
          country and the Government replied to it. He also sent an urgent appeal
          on behalf of 12 other persons.
        
          
          E/CN. 4/1996/35
          page 13
          Brazil
          37. The Special Rapporteur received a reply from the Government with respect
          to an urgent appeal he had transmitted in 1994.
          Bulgaria
          38. The Special Rapporteur transmitted 20 individual cases to the Government.
          Burundi
          39. The Special Rapporteur sent an urgent appeal on behalf of 12 persons. He
          also sent, together with the Special Rapporteur on extrajudicial, summary or
          arbitrary executions, an appeal regarding the situation of refugees in the
          border area between Tanzania and Burundi.
          Canada
          40. The Special Rapporteur transmitted an urgent appeal on behalf of one
          person, to which he received a reply from the Government.
          Chile
          41. The Special Rapporteur transmitted to the Government 48 new cases, as
          well as three cases updated with further information received from the source.
          The Government provided replies with respect to 25 cases. The rest were
          transmitted in the month of November and, therefore, the Government did not
          have enough time to prepare a reply that could be included in the present
          report.
          Observations
          42. The number of allegations received over the years of treatment falling
          within his mandate led the Special Rapporteur to request the Government to
          invite him to visit the country. The Government responded promptly and
          favourably, the mission taking place in August 1995. The report is contained
          in Addendum 2 to the present report.
          China
          43. The Special Rapporteur advised the Government that he had continued to
          receive information indicating that the use of torture and ill-treatment
          against persons held in police stations, detention centres, prisons and labour
          camps was occurring with frequency. According to the reports, many persons
          detained for political reasons were convicted of offences partly or wholly on
          the basis of “confessions” that had been obtained through the application of
          torture during interrogation.
          44. Reports were received of numerous instances of ill-treatment at
          Guangzhou No. 1 Reeducation-through-Labour-Centre, Hua county, Guangdong
          Province. Production quotas had reportedly been set at levels which in
          effect required prisoners, including the sick or disabled, to work for
        
          
          E/CN. 4/1996/35
          page 14
          approximately 14 hours per day, seven days per week, performing such tasks as
          carrying and loading heavy stones onto boats. Food provisions were reported
          to be inadequate and ill prisoners were said to be provided with little or no
          medical treatment.
          45. The Special Rapporteur was also informed that juveniles detained for
          political reasons in Gutsa Detention Centre in Lhasa Tibet were held together
          with adult prisoners rather than in the juvenile section of the facility. In
          Drapchi prison in Lhasa, adults and juveniles are reportedly kept together
          because no separate juvenile section exists. Juveniles are allegedly forced
          to do hard labour and to work in unsanitary conditions with adults in
          prisons, detention centres, reform-through-labour detachments or
          reeducation-through-labour detachments.
          46. The Special Rapporteur transmitted 25 individual cases to the Government.
          He also sent an urgent appeal on behalf of one person, to which he received a
          reply. In addition, he received replies from the Government with respect to
          two urgent appeals he had transmitted in 1994.
          Observations
          47. The Special Rapporteur continues to be concerned by the persistence of
          the allegations reaching him. He has written to the Government requesting an
          invitation to visit the country. At the time of writing, he was still
          awaiting a response.
          Colombia
          48. The Special Rapporteur transmitted to the Government 35 new cases and
          retransmitted 50 on which no reply had been received yet. The Government sent
          responses regarding most of them. He also sent an urgent appeal, in
          conjunction with the Special Rapporteur on extrajudicial, summary or arbitrary
          executions, regarding the situation in the areas of Segovia and Remedios, in
          the department of Jthtioquia.
          Follow-up to the recommendations included in the report on the visit to the
          country carried out by the Special Rapporteur on extrajudicial, summary or
          arbitrary executions and the Special Rapporteur on torture in October 1994
          ( E/cN. 4/1995/111 )
          49. By communication dated 28 February 1995, the Government of Colombia
          stressed its intention to reinforce its human rights policy, as well as to
          establish a commission charged with analysing and giving advice on the
          implementation of the recommendations addressed to the Government by the
          Special Rapporteurs. In the same letter the Government invited the
          Special Rapporteurs to undertake a follow-up visit to the country. It also
          invited other thematic rapporteurs and working groups of the Commission to
          visit Colombia in the course of 1995. With the same letter the Government
          sent a copy of the Presidential Decree setting up a commission charged with
          drafting a new code of military criminal justice.
        
          
          E/CN. 4/1996/35
          page 15
          50. On 25 April 1995, the Government submitted a tentative schedule for the
          visit of each of the different mechanisms. By letter dated 15 May 1995, the
          Government reiterated the invitation and sent a document containing the main
          guidelines of the human rights policy under the current Government.
          51. In a note verbale dated 31 May 1995, the Centre for Human Rights informed
          the Government that the special rapporteurs and chairmen of working groups
          invited to visit the country wished to obtain, as a question of priority,
          detailed information from the Government on the steps taken to implement the
          recommendations made in the past by several of them, as well as the obstacles
          encountered in implementing them. In the light of the response received, they
          would decide on the most appropriate follow-up action.
          52. On 13 November 1995 the Government sent information regarding the
          composition and the first meeting of the Commission charged with analysing and
          giving advice on the implementation of the recommendations made in the
          framework of the various international human rights mechanisms.
          Observations
          53. The Special Rapporteur wishes to express his appreciation to the
          Government of Colombia for having replied to most of his communications and
          for the invitation to carry out a follow-up visit to the country. He remains
          concerned, however, at reports received from non-governmental organizations,
          in particular towards the end of the year, which contain allegations of
          torture carried out in the course of 1995. The Special Rapporteur is aware
          that the Government of Colombia has now begun taking, as yet limited, steps
          towards implementing the recommendations included in the above-mentioned
          report on the visit to the country, as well as the recommendations made in the
          framework of other mechanisms of the United Nations or the Inter-American
          Commission on Human Rights. These steps, however, have not resulted in an
          improvement of the overall situation in the country and they will have to be
          pursued in depth. In particular, the Special Rapporteur notes the conclusions
          and recommendations of the Committee against Torture at its fifteenth session,
          to the effect that information before it appears to indicate the existence of
          a systematic practice, that the crime of torture is hardly punished and that
          the law of Colombia is not in accordance with several of its obligations under
          the Convention against Torture.
          54. In view of these considerations the Special Rapporteur concludes that
          there is an urgent need to set up a permanent international human rights
          mechanism with enough resources to report publicly on the human rights
          situation and to monitor human rights violations in situ , as well as to assist
          the Government and non-governmental organizations in this field. Such a
          mechanism would desirably be complemented by the appointment of a special
          rapporteur for Colombia by the Commission on Human Rights. Jth appointment of
          this nature should not be seen as a hostile measure against the Government of
          Colombia but as a measure in conformity with the seriousness of the human
          rights situation. Such a special rapporteur could cooperate with the
          permanent mechanism which might be set up by the High Commissioner for Human
          Rights at the request of the interested parties, and with any other national
          mechanism established by the Government of Colombia.
        
          
          E/CN. 4/1996/35
          page 16
          Côte d'Ivoire
          55. The Special Rapporteur sent one urgent appeal to the Government on behalf
          of nine persons.
          Cuba
          56. The Special Rapporteur transmitted to the Government details of 25
          individual cases. He also sent two urgent appeals, one on behalf of one person
          and the other on behalf of four persons. The latter was transmitted in
          conjunction with the Special Rapporteur on extrajudicial, summary or arbitrary
          executions and the Special Rapporteur on the situation of human rights in
          Cuba.
          Denmark
          57. The Special Rapporteur sent an urgent appeal on behalf of one person, to
          which the Government provided a reply. The Special Rapporteur also received
          further information from the Government in respect to general allegations he
          had transmitted the previous year.
          Dominican Republic
          58. The Special Rapporteur received from the Government replies regarding
          four cases transmitted in previous years.
          Ecuador
          59. The Special Rapporteur transmitted to the Government information
          on 24 individual cases and received replies on three of them. He also sent
          one urgent appeal, to which the Government replied. The Government also
          replied to 12 cases that had been transmitted in previous years.
          Egypt
          60. The Special Rapporteur informed the Government that he had continued to
          receive reports indicating that the practice of torture against persons
          detained for political reasons was systematic. Such torture was said to occur
          at the Headquarters of the Security Services Investigation (SSI) in Lazoghly
          Square and at SSI branch offices, as well as in the High Security Prison
          (al- ‘Aqrab (Scorpion) Prison) at Tora. Many civilian defendants tried in
          recent military court cases allegedly had been coerced through torture to make
          incriminating statements. Although a Human Rights Unit was established in
          November 1993 within the Public Procurator's Office to investigate reports of
          torture, the Unit was said to have failed to make public any information on
          the conduct of any investigations that it had undertaken. Few complaints
          submitted to the Human Rights Unit by human rights organizations or lawyers
          had reportedly been investigated.
          61. The Special Rapporteur also notified the Government that he had received
          information according to which detainees at police stations throughout Egypt
          were frequently subjected to torture or ill-treatment. The methods of torture
        
          
          E/CN. 4/1996/35
          page 17
          reported included beatings with leather straps, sticks and electric cables;
          suspension in various positions accompanied by heavy beatings; beatings with
          solid objects and application of electric shocks. During pre-trial detention
          many suspects were allegedly forced to sign police records without knowing
          their contents. The practice of such torture was said to be facilitated by
          the following factors: the Code of Criminal Procedure did not guarantee an
          arrested person the right to seek legal assistance in the stages of
          identification and during investigations carried out by police station
          officers; under the Emergency Law in effect since 1981 the Ministry of the
          Interior was granted full powers to carry out administrative arrests without
          judicial or prosecutorial interference; and under recent legal amendments,
          police might detain a suspect for up to 11 days without charge or judicial
          supervision before presenting the detainee before a court or allowing him or
          her to consult a lawyer.
          62. The Special Rapporteur transmitted 87 individual cases to the Government.
          A reply to those cases provided by the Government was not received in time for
          inclusion in this report. The Special Rapporteur also sent one urgent appeal
          on behalf of one person, to which the Government provided a reply.
          Observations
          63. The Special Rapporteur is dismayed that there appears to be no let-up in
          allegations suggesting a widespread, persistent incidence of torture. The
          observations he made in his previous report (E/CN.4/1995/34, para. 242)
          regrettably remain fully applicable.
          Equatorial Guinea
          64. The Special Rapporteur transmitted three urgent appeals on behalf
          of 24 persons. The Government sent replies regarding two of the persons.
          Ethiopia
          65. The Special Rapporteur transmitted an urgent appeal on behalf of one
          person, to which the Government replied. The Government also sent replies
          with respect to five cases that had been transmitted by the Special Rapporteur
          the previous year.
          France
          66. The Special Rapporteur transmitted one case, to which the Government
          replied. The Government also replied to five cases transmitted the previous
          year.
          Gambia
          67. The Special Rapporteur transmitted one urgent appeal on behalf of
          six persons.
        
          
          E/CN. 4/1996/35
          page 18
          Ge rma fly
          68. The Special Rapporteur informed the Government that he had received
          reports indicating that some persons, mostly foreigners, asylum-seekers or
          members of ethnic minorities, had been subjected to ill-treatment or torture
          by police officers. The Special Rapporteur also transmitted three individual
          cases, to which the Government provided replies. In addition, he sent one
          urgent appeal, to which the Government provided a reply.
          Greece
          69. The Special Rapporteur transmitted one urgent appeal on behalf of one
          person, to which the Government provided a reply.
          India
          70. The Special Rapporteur advised the Government that he had received
          information indicating that torture was practised routinely by the army, the
          Border Security Force (BSF) and the Central Reserve Police Force (CRPF)
          against the vast majority of persons arrested for political reasons in Jammu
          and Kashmir. Official investigations into allegations of torture, including
          those that resulted in custodial deaths, were said to be rare. On the few
          occasions when such investigations had taken place, they were carried out by
          the security forces themselves, rather than by an independent body. The
          investigations were said frequently to conclude that the victim had died in
          such circumstances as “cross-fire”, without elaborating upon the evidence on
          which the conclusion was based. The Human Rights Cell, established by the
          Jammu and Kashmir State Government in June 1994, was reported to be headed by
          an inspector general of police who was also in charge of the Kashmir
          intelligence service and to incorporate members of the paramilitary forces
          and army who themselves had been accused of committing serious human rights
          violations.
          71. Torture victims or their relatives have reportedly had difficulty in
          filing complaints because local police were issued instructions not to file a
          First Information Report (FIR) without the permission of higher authorities.
          In addition, section 7 of the Armed Forces (Jammu and Kashmir) Special Powers
          Act provides that unless approval is obtained from the central Government, “no
          prosecution, suit or other legal proceeding shall be instituted . . . against
          any person in respect of anything done or purported to be done in exercise of
          the powers of the Act”. This provision was said to allow the security forces
          to act with virtual impunity.
          72. Doctors treating torture victims in Jammu and Kashmir were reported to
          have observed numerous cases of acute renal failure and to have named the
          phenomenon “Physical Torture Nephropathy” . The direct cause of the renal
          failure is a combination of dehydration during torture and the breakdown of
          soft tissue. The condition may lead to chronic kidney damage or even death.
          One common means of torture reported is “the roller”, whereby the victims are
          forced to lie on their backs and a round pole is rolled over their legs and
          bodies with substantial force, often by two officials standing on each end of
          the pole and “walking” it over the victim. Rape was said to be carried out
          frequently so as to punish women suspected of being sympathetic or related to
        
          
          E/CN. 4/1996/35
          page 19
          alleged militants, and to intimidate the local population. Other methods of
          torture reported include beatings, forced distortion of joints, application of
          electric shocks, suspensions, burns, insertion of metal objects in the body,
          plunging into freezing water, dousing with boiling water, amputation of body
          parts, such as fingers, and mock executions.
          73. In a reply dated 8 December 1995, the Government informed the
          Special Rapporteur of the existence in India of various legal provisions
          which provided safeguards against the use of torture. These provisions
          include: the constitutional right of a person subjected to torture to move
          the higher courts for a remedy; the requirement under the Criminal Procedure
          Code (CPC) that the police register and investigate complaints of torture; the
          right of an arrested person under the CPC to receive a medical examination
          upon request to a magistrate; the inadmissibility in court of confessions to
          police officers and the requirement that a magistrate ensure that confession
          or statements made by an accused are voluntary; the mandate under the CPC that
          an inquiry be conducted by a magistrate into any death in police custody; and
          the prohibition under the CPC of causing hurt to extort confessions or
          information from a person. The Government was currently considering making
          legal provisions for payment of financial relief to victims or their families
          of certain custodial crimes and the courts had in certain cases ordered such
          payments to made. In addition, the National Human Rights Commission had made
          several recommendations under its mandate for such compensation, which had
          been accepted by the Government.
          74. With respect to allegations regarding Jammu and Kashmir, section 7 of the
          Armed Forces (Jammu and Kashmir) Special Powers Act was aimed at protecting
          members of the security forces from vexatious complaints. Nevertheless, the
          Government had, without exception, accorded its sanction for the launching of
          a prosecution wherever investigations had established the prima facie
          culpability of any security forces personnel. Allegations as to the routine
          nature of torture, including rape, by the BSF, the CRPF and the Army were
          false and part of a propaganda campaign by terrorists to divert the attention
          of the international community from the issue of terrorism. This was not to
          suggest that no human rights violations had occurred, but any such cases were
          promptly investigated and stringent action was taken where appropriate. Any
          allegation of a cognizable offence had to be registered by the State police.
          Such cases were investigated by the Criminal Investigation Department (CID)
          which functioned independently without interference or influence from the
          security forces and State police. The security forces, including the Army and
          BSF maintained their own statutes prescribing severe punishment for acts of
          indiscipline by their members. They also had their own courts of inquiry to
          try cases such as torture, deaths in custody and rape.
          75. Contrary to the allegations, the Human Rights Cell of Jammu and Kashmir
          was not headed by a police officer, but rather by the Division Commissioner,
          Kashmir, a member of the Civil Service. A representative of the CID had also
          been included, as the CID was the primary agency for investigating complaints.
          The Security Forces were represented on the Cell so as to provide for better
          coordination and effective follow-up action on investigations. The allegation
        
          
          E/CN. 4/1996/35
          page 20
          that police had instructions not to file an FIR without the permission of
          higher authorities was incorrect, as no such orders had ever been issued.
          Rather, the police were duty-bound to register such complaints and were
          subject to legal and departmental action if they failed to do so.
          76. The Special Rapporteur transmitted 50 individual cases and received
          replies to 43 of these cases. The Special Rapporteur also transmitted two
          urgent appeals on behalf of two persons and the Government replied to both
          appeals. The Government also provided replies with respect to 13 cases
          transmitted the previous year.
          Observations
          77. The Special Rapporteur considers that the observations he made in his
          previous report (E/CN.4/1995/34, para. 379) continue to be applicable. While
          cognizant of the misgivings expressed concerning the National Human Rights
          Commission, the Special Rapporteur believes that it may have both the will and
          the power to bring redress in certain cases. He continues to believe,
          however, that the situation remains such that a visit to the country would be
          desirable and he regrets that the Government has not yet deemed it appropriate
          or opportune to invite him.
          Indonesia
          78. The Special Rapporteur transmitted to the Government information
          on 20 individual cases. He also sent five appeals on behalf of six persons.
          The Government replied to two of those appeals.
          Observations
          79. The Special Rapporteur considers that the information he continues
          to receive makes the observations contained in his previous report
          (E/cN.4/1995/34, para. 401) of continued applicability. He notes the
          December 1995 visit to the country by the High Commissioner for Human Rights
          and hopes that the Government of Indonesia will now respond positively to the
          Special Rapporteur's repeated requests to undertake a visit himself.
          Iran (Islamic Republic of )
          80. The Special Rapporteur advised the Government that he had received
          information according to which persons detained for political reasons were
          often held incommunicado, sometimes for years, and were almost always denied
          access to lawyers. The procedures under which such persons were detained and
          tried typically went unpublicized, but many detainees were said to be held
          without charge or trial. Most such detainees had allegedly been tortured and
          a number had been denied access to medical care.
          81. The Special Rapporteur also reminded the Government of a number of cases
          transmitted in 1994, regarding which no reply had been received. In addition,
          he transmitted 2 urgent appeals on behalf of 10 persons.
        
          
          E/CN. 4/1996/35
          page 21
          Iraq
          82. The Special Rapporteur advised the Government that he had received
          information concerning the enactment by the Revolutionary Command Council of a
          number of criminal penalties involving physical mutilation, including
          amputation of the hands, feet and ears and branding of marks on the forehead.
          Several thousand offenders were said to have had such punishment carried out
          against them. It was reported that persons sentenced to receive a tattoo had
          instead had marks branded upon them with hot instruments. Doctors were often
          allegedly forced to carry out amputation or branding without anaesthesia and
          doctors refusing to perform such mutilation were reported to have been
          targeted for punishment.
          83. The Special Rapporteur also informed the Government of cases he had
          received of reported execution of members of the political opposition. In
          each case, when family members received the bodies of the alleged victims,
          they reportedly observed marks of torture, including gouging out of the eyes.
          84. The Government provided a reply to the Special Rapporteur with respect to
          the issue of amputation. It asserted that the penalty of amputation of the
          hand or the ear and tattooing, which was imposed on thieves and evaders of
          military service, could not be viewed in isolation from the general situation
          in Iraq, including the devastating effects on all aspects of life caused by
          the economic embargo. Theft and armed robbery gravely threatened the
          security, property and lives of citizens. In those circumstances, which
          needed to be viewed within the social context of Iraq, the penalties were
          needed as a deterrence. Amputation of the hand for theft was permissible
          under Islamic Sharia, which constituted one of the sources in the Iraqi legal
          system. The penalty had been applied only in situations of extreme necessity
          and in a limited number of cases. The measure was provisional and linked to
          the current situation. The purpose of tattooing was to distinguish criminals
          from persons who had been mutilated in the recent war. There had been a
          substantial reduction in the number of offences to which the penalties
          applied.
          85. The Government maintained that allegations concerning the imprisonment of
          medical practitioners who refused to implement the decrees were unfounded and
          false. In this regard the Government sent copies of five letters signed by
          doctors stating that they had not been subjected to any form of harassment or
          pressure by the authorities or their agents and that they practised their
          medical professions and enjoyed a normal life with their families.
          86. The Special Rapporteur also sent 28 individual cases, and the Government
          replied to S of those cases.
          Observations
          87. The Special Rapporteur notes the conclusion of the Special Rapporteur on
          Iraq, in his interim report to the General Assembly (A/5O/734, para. 61) , that
          the amputation decrees “remain gross violations of human rights and an offence
          to the population as a whole and, in particular, to the individuals who must
          endure their cruel and unusual punishments”. He is not convinced by the
          Government's denial of coercing doctors to perform the amputations, as he
        
          
          E/CN. 4/1996/35
          page 22
          cannot bring himself to believe that any physician would willingly perform
          acts so repugnant to hallowed norms of professional ethics. Even to request
          such acts is an unwarranted offence to the ethics of the medical profession.
          Israel
          88. The Special Rapporteur advised the Government that he had continued to
          receive information according to which Palestinians undergoing interrogation
          by the General Security Service (GSS or Shin Bet ) are often subjected to
          torture or ill-treatment. The methods of torture reported include: beatings
          all over the body, sometimes with cables; hooding, sometimes with dirty and
          wet sacks which interfere with respiration; prolonged standing or sitting in
          painful and contorted positions (shabeh); sleep deprivation; confinement in
          closet shaped rooms ( kahzana ) ; food deprivation; threats of disablement; and
          continuous subjection to loud music.
          89. Israeli Criminal Procedure Law permits persons charged with State
          security offences to be held incommunicado for up to 30 days, the first 15
          of which may be kept secret. Such periods of incommunicado detention create
          conditions which facilitate the practice of torture. Military orders
          applying to the occupied territories were said to permit detention without
          judicial review for up to 11 days and denial of access to a lawyer for a
          total of 90 days on security grounds.
          90. The Landau Commission guidelines sanctioning “the exertion of a moderate
          measure of physical pressure” were allegedly applied in a way so as to allow
          for torture and ill-treatment. Because the guidelines are secret, it was
          impossible to assess the extent to which the above-mentioned practices were
          consistent with or a departure from them. The ministerial committee which
          meets monthly to review the guidelines was said to have allowed for the
          increased use of physical pressure in the aftermath of the October 1994
          suicide bombing in Tel Aviv.
          91. The Special Rapporteur also transmitted to the Government seven
          individual cases and an urgent appeal on behalf of one person, to which the
          Government provided a reply. In addition, he transmitted an urgent appeal in
          conjunction with the Special Rapporteur on extrajudicial, summary or arbitrary
          executions and the Chairman of the Working Group on Arbitrary Detention,
          concerning the situation of prisoners held at the Al-Khyam prison, in the
          Marjouyun region of south Lebanon.
          92. Finally, the Special Rapporteur made an appeal regarding the content of
          proposed legislation which reportedly was due to come before the Israeli
          Parliament (Knesset) , the purpose of which was to incorporate the Convention
          against Torture in the domestic law of Israel. The Special Rapporteur
          expressed concern that an unofficial translation of the text of the proposed
          legislation, which defined torture as “severe pain or suffering, whether
          physical or mental, except for pain or suffering inherent in interrogation
          procedures or punishment according to law”, could have the effect of
          legalizing practices that were irreconcilable with the purposes of the
          Convention (to prohibit, prevent and punish both the crime of torture and
          other cruel, inhuman or degrading treatment or punishment) . The Government
          replied that the above-cited text was only a proposal for a draft and that it
        
          
          E/CN. 4/1996/35
          page 23
          would have to go through various stages of the legislative process before it
          could be tabled in the Knesset in the form of a bill. Internal governmental
          discussions on the proposal would address the points raised by the Special
          Rapporteur.
          Italy
          93. The Special Rapporteur transmitted three individual cases, to which the
          Government sent replies. The Government also provided the Special Rapporteur
          with follow-up information to a number of cases he had transmitted the
          previous year.
          Jamaica
          94. The Special Rapporteur advised the Government that he had received
          information indicating that children as young as 9 and 10 years old were held
          in police lock-ups, including Halfway Tree and Central Lock-up in Kingston,
          for long periods, sometimes in the same cells as adults. At the time of
          arrest and while detained in lock-ups, some children were allegedly subjected
          to physical and/or mental abuse during interrogation and were beaten and/or
          placed in dark cells, often in solitary confinement, as methods of discipline.
          Children are reportedly held in cells for up to 24 hours a day without
          adequate diet, bedding or sanitary facilities, recreation or any other
          activities. It was also reported that at the above-mentioned lock-ups the
          cells are overcrowded; that children are forced to defecate into waste buckets
          that often overflow in their cells; that sewage systems outside the cells are
          inoperative; that children have to sleep on wet floors without any form of
          bedding; and that insect and vermin infestation is rampant. In addition,
          children were said to have little or no access to legal aid and social
          assistance while in the lock-ups and those injured or otherwise suffering
          ill-health appeared to be denied prompt medical attention.
          Japan
          95. The Government provided a reply to the Special Rapporteur with respect to
          one case transmitted the previous year.
          Kenya
          96. The Special Rapporteur advised the Government that he had received
          information indicating that the use of torture by police to obtain
          “confessions” was almost systematic. The methods of torture reported include:
          beatings and whippings on different parts of the body, especially the feet;
          suspension in a contorted position, accompanied by beatings; submersion in
          water; rape; genital abuse, including by insertion of objects into the vagina
          and pulling the penis or pricking it with pins.
          97. Police officials reportedly often refuse to bring torture victims to
          hospital for medical treatment. When such victims are taken to hospital, they
          are allegedly kept chained to their beds. Persons so hospitalized were said
          to be treated usually by government doctors who were under pressure to
          downplay the nature of a victim's injury or to falsify death certificates and
        
          
          E/CN. 4/1996/35
          page 24
          post-mortem reports. Some doctors who had criticized the police were said to
          have suffered adverse repercussions, including loss of job or government
          housing, or transferral to another post.
          98. Women were reported to be particularly vulnerable to torture or
          ill-treatment. Cases of rape by the police or security forces allegedly often
          go uninvestigated or are inadequately investigated. Prosecutions of officials
          for rape were said to be rare and any punishment was limited to dismissal or
          transfer to another post. Women in police custody were sometimes placed in
          the same cell as men, rendering them potential targets of sexual abuse by male
          detainees.
          99. In a reply dated 28 November 1995 the Government stated that it
          categorically denied that torture was systematically used by police to obtain
          confessions from persons under arrest, persons in police custody or persons
          facing criminal charges. The Constitution of Kenya explicitly forbade
          torture, confessions obtained thereby were excluded from evidence in criminal
          trials and a right of redress by way of a direct petition to the High Court of
          Kenya was available to alleged victims. These considerations served as a
          deterrent against the use of torture by law enforcement officers, who were
          also forbidden by police law and regulations from subjecting suspects to
          torture. Contrary to the allegation, women in police custody were placed in
          separate cells from men.
          100. The Special Rapporteur also transmitted six individual cases and the
          Government replied to two of those cases. He also reminded the Government of
          a number of cases transmitted in 1994, regarding which no reply had been
          received.
          Latvia
          101. The Special Rapporteur transmitted allegations with respect to a group
          of asylum-seekers who had allegedly been ill-treated in detention.
          Libyan Arab Jamahiriya
          102. The Special Rapporteur made one urgent appeal to the Government on
          behalf of a group of persons.
          Mauritania
          103. The Special Rapporteur transmitted two urgent appeals on behalf
          of 12 persons and the Government sent replies regarding 6 of the persons.
          Mexico
          104. The Special Rapporteur advised the Government that he had received
          information according to which torture continues to be largely practised in
          the framework of judicial investigations, with the purpose of intimidating the
          detainees and obtaining confessions. Such treatment was said to occur in
          spite of reforms introduced in the federal law in 1992 designed to prevent and
          punish torture by inter alia increasing the penalties against those found
          responsible for such practices.
        
          
          E/CN. 4/1996/35
          page 25
          105. The Special Rapporteur also transmitted to the Government 21 new cases.
          The Government replied to three cases and sent a report of the National Human
          Rights Commission on its activities with regard to the conflict in Chiapas.
          106. In addition, the Special Rapporteur transmitted 4 urgent appeals on
          behalf of 23 persons, and the Government provided replies with respect
          to 22 of them.
          Observations
          107. The Special Rapporteur appreciates the responses received from the
          Government, especially in the cases where the National Human Rights Commission
          has concluded that torture has taken place, and he looks forward to learning
          of progress in the cases initiated against those accused of responsibility.
          His continuing concern about the situation led him to request an invitation
          from the Government to visit the country. At the time of writing he was still
          awaiting a response.
          Mongolia
          108. The Special Rapporteur advised the Government that he had received
          information indicating that a number of persons held in prisons in Mongolia
          had starved to death or were suffering from malnutrition because they had
          received inadequate provisions of basic food. Of 90 deaths occurring in the
          country's prisons from autumn 1993 to autumn 1994, between 15 and 30 were
          officially cited as having resulted from starvation. In a number of other
          cases of deaths caused by illness, malnutrition may have constituted a
          contributing factor.
          109. The starvation of prisoners was attributed in part to the implementation
          of article 11.3 of the Law on the Prison Service and Custodial Sentence, which
          provides that “prisoners ... will be responsible, through labour, for the cost
          of food, clothing, bedding, and for power and heating of living quarters”. As
          a consequence of Mongolia's transformation to a market oriented economy, many
          prison industries had become non-viable and the ability of prisoners to work
          for adequate rations was greatly hampered. The normal prison diet was said to
          provide prisoners with a low-calorie and unbalanced nutritional intake.
          110. Many of those persons who had died in penitentiaries from starvation
          reportedly had been starving or malnourished already when they arrived from
          pre-trial custody. Their condition allegedly resulted from the practice of
          using food deprivation as a means to coerce a detainee into confessing to a
          crime. Prisoners failing to confess under interrogation were allegedly
          returned to their cells on reduced or no rations for several days before being
          returned for a further round of interrogation. The State Prosecutor
          reportedly found that 274 of 700 remand prisoners detained at Gants Hudag
          prison from April 1994 until late 1994 were suffering from malnutrition,
          and 7 had died.
          111. The Special Rapporteur also transmitted one individual case of alleged
          death from starvation.
        
          
          E/CN. 4/1996/35
          page 26
          Morocco
          112. The Special Rapporteur transmitted nine cases to the Government, to
          which it provided responses. He also transmitted one urgent appeal on behalf
          of 18 persons.
          Myanmar
          113. The Special Rapporteur advised the Government that he had received
          information according to which torture and ill-treatment of ethnic minorities
          was occurring in the course of counter-insurgency operations against armed
          opposition groups. Persons performing forced unpaid labour on construction
          projects and forced porter duty for the army ( tatmadaw ) were also said to be
          vulnerable to such abuses.
          114. The Special Rapporteur also transmitted 38 individual cases to the
          Government. In addition, he sent S urgent appeals on behalf of 13 persons and
          the Government replied to 3 appeals on behalf of 9 persons.
          Nepal
          115. The Special Rapporteur sent an urgent appeal concerning the alleged
          deportation of a substantial number of Tibetans from Nepal to Tibet, to which
          the Government provided a reply.
          Norway
          116. The Government provided follow-up information with respect to an urgent
          appeal concerning three persons which had been transmitted the previous year.
          Pakistan
          117. The Special Rapporteur informed the Government that he had received
          reports indicating that torture continued to occur routinely in police
          stations and frequently in military or paramilitary detention centres
          and jails throughout Pakistan. Torture was allegedly inflicted to gain
          information, to punish, humiliate or intimidate, to take revenge or to extract
          money from detainees or their families. The methods of torture reported
          include rape; beatings with sticks, hose pipes, leather belts and rifle butts;
          kicking with heavy boots; upside down hangings; electric shocks applied to the
          genitalia and knees; cheera (forced stretching apart of the victim's legs,
          sometimes in combination with kicks to the genitalia) ; sleep deprivation;
          prolonged blindfolding; and boring of holes with an electric drill into parts
          of the victim's body.
          118. Police reportedly often use excessive and disproportionate force during
          crowd control operations. While conducting house-to-house searches during
          operations in Karachi between June 1992 and November 1994 and beginning again
          in May 1995, the army would cordon off entire sections of the city, most
          frequently Liaqatabad, Lines Area, Shah Faisal Colony and Paposh Nagar, and
          allegedly round up, detain, blindfold and beat persons. Activists of the
          Mohajir Qaumi Movement (MQM) political party were reported to be targeted
          particularly during such operations.
        
          
          E/CN. 4/1996/35
          page 27
          119. Police and other law enforcement personnel were alleged frequently to
          disregard legal safeguards contained in the Police Rules and the Code of
          Criminal Procedure of Pakistan concerning arrest and detention procedures.
          Arrested persons were sometimes held incommunicado and without charge, their
          arrest or detention going unrecorded, rendering them vulnerable to torture or
          ill-treatment. In many instances, victims of torture or ill-treatment
          reportedly were unable effectively to register complaints with the police,
          as officials either refused to register First Information Reports (FIRs)
          distorted the complaint contained in the FIR or delayed investigatory
          proceedings. Many persons were dissuaded from registering complaints for fear
          of retaliation and further abuse from police. Medical reports and post-mortem
          reports were in some cases allegedly falsified so as to support the police
          version of events.
          120. The Special Rapporteur also transmitted to the Government 18 individual
          cases, as well as 2 urgent appeals on behalf of 4 persons. The Government
          replied to 29 cases which had been transmitted by the Special Rapporteur the
          previous year.
          121. The Government responded to the general allegations transmitted by the
          Special Rapporteur in his letter of 21 July 1994. The Government noted that
          individual cases of excesses occurred in Pakistan, but that such cases did not
          represent the official policy of the Government. Allegations of torture were
          immediately investigated by the appropriate authorities and action was taken
          against those found guilty. Many of the cases transmitted by the Special
          Rapporteur occurred before the present Government had assumed office and the
          incidents of human right violations had decreased during the tenure of the
          present Government. The Government had taken steps to ensure protection of
          and respect for human rights, including the establishment of the Human Rights
          Cell. Under its mandate, the Human Rights Cell was empowered, inter alia ,
          to submit opinions, recommendations, proposals and reports on legislative,
          administrative and certain judicial provisions for the protection of human
          rights; to draw the attention of the Government to situations in the country
          where human rights were violated and to make proposals to remedy the
          situation; to promote and ensure the harmonization of national legislation,
          regulations and practices with those international human rights instruments to
          which the State was a party; to assist in the formulation of programmes for
          human rights education and research; and to monitor specific incidents of
          human rights violations as and when desired by the Government.
          122. With regard to general allegations transmitted by the Special Rapporteur
          concerning the prevalence of sexual abuse, including rape, of women held in
          police custody, the Government had taken measures to provide for the
          protection of women during interrogation, including the establishment of
          women's police stations where the police officials were all women. Despite
          financial constraints, the Government was planning to open other such stations
          throughout the country. The Government had also incorporated in the Pakistan
          Penal Code an executive order that women should not be held in police stations
          overnight and should only be interrogated in the presence of their husbands or
          close relatives.
        
          
          /CN. 4/1996/35
          page 28
          Observations
          123. At the time of writing of the present report, the Government had
          just informed the Special Rapporteur that a visit planned to take place
          from 14 to 23 December 1995 had to be postponed because of the unexpected
          unavailability of the Interior Minister and other concerned officials. It was
          hoped that alternate dates for the visit early in 1996 would be proposed to
          the Special Rapporteur. He will inform the Commission at its fifty-second
          session of developments in the oral presentation of his report.
          Peru
          124. The Special Rapporteur informed the Government that he had continued to
          receive reports of repeated use of torture by the security forces as a means
          of punishment, intimidation or obtaining a confession, especially against
          persons detained on charges of terrorism or related offences. This practice
          has been facilitated by emergency criminal legislation that restricts rights
          to defence and expands police powers to detain individuals and hold them
          incommunicado for a period of 15 days or more.
          125. The new Penal Code, in force since 1991, has not explicitly incorporated
          the offence of torture as such. The new criminal legislation has even
          repealed provisions punishing unlawful harassment and coercion.
          126. According to information received, the main instrument the State has
          been using to deal with the armed subversion has been systematic recourse to
          states of emergency in extensive areas of the country, where the armed forces
          exercise not only military but also political control. In these areas army
          personnel, sometimes accompanied by self-defence patrols, together with police
          officers, especially from the National Jthti-Terrorism Department (DINCOTE)
          frequently resort to torture, including rape and sexual abuse.
          127. It has also been reported that, as part of armed counter-subversive
          operations conducted by the security forces, some of their members have
          repeatedly harassed members of the non-combatant civilian population. This
          behaviour is not only designed to obtain information on the movements of armed
          guerrilla columns or confessions of membership of armed organizations, but to
          serve as reprisals against villagers believed to have supported the armed
          opposition groups.
          128. The remedy of habeas corpus, for its part, has been ineffective in
          protecting individuals from arbitrary detention and protecting their physical
          and mental integrity. Most habeas corpus applications in the areas declared
          to be under a state of emergency have been ruled inadmissible on the grounds
          that under a state of emergency a constitutional remedy for protecting
          restricted rights cannot be admitted.
          129. In these circumstances, prosecutors and judges have appeared incapable of
          guaranteeing detainees' physical and psychological integrity, inter alia for
          the following reasons. Most judges and prosecutors of first instance are
          temporary and fear that investigating or bringing charges of torture will
          create conflicts with the police or military authorities; inertia discourages
          attempts to resolve an extremely complex problem which, if attacked at the
        
          
          E/CN. 4/1996/35
          page 29
          root, might even call the validity and legality of many criminal trials into
          question. Provincial prosecutors who attempt to investigate charges of human
          rights violations, including torture, particularly in the emergency areas,
          have often been thwarted by members of the armed forces. In addition, cases
          of this type generally come under the jurisdiction of the military courts, in
          which investigations are rarely completed.
          130. Furthermore, the injured party himself often fails to bring charges for
          fear of reprisals during detention or even after release. His top priority is
          to recover his freedom, and for the sake of his own freedom and that of his
          family he is not usually prepared to subject himself to new investigations.
          131. According to the complainants, the foregoing circumstances explain why
          practically no member of the army or National Police has been punished for
          practising torture in recent years.
          132. In addition, the Special Rapporteur transmitted 19 individual cases.
          The Government replied to 14 of them, as well as to 4 cases that had been
          transmitted the previous year.
          133. The Special Rapporteur, in conjunction with the Special Rapporteurs on
          extrajudicial, summary or arbitrary executions and on the independence of
          judges and lawyers, as well as the Chairman of the Working Group on Enforced
          or Involuntary Disappearances, sent a communication to the Government
          regarding the amnesty laws promulgated in June and July 1995. The first of
          these laws grants general amnesty to all military, police or civil officials
          who are under investigation or have been condemned for human rights violations
          in the framework of detentions carried out for terrorist activities. The
          second declares that the amnesty is not subject to judicial review and does
          not constitute a breach of the Constitution or of international obligations.
          According to the information received, following the promulgation of these
          laws several members of the security forces already sentenced or under
          investigation for human rights violations that fall under the above-mentioned
          mandates were released.
          134. The Special Rapporteurs considered inter alia that these laws denied
          the right to an effective remedy for victims of human rights violations and,
          therefore, were contrary to the spirit of various international human rights
          instruments.
          135. The Government replied that the amnesty law had been promulgated as
          part of the peace process and in conjunction with the “reformed terrorist law”
          which benefited more than 5,000 persons who had been found guilty and
          sentenced. It was enacted by Congress on the basis of article 102,
          paragraph 6 and article 139, paragraph 13 of the Constitution, which
          give Congress the power to grant amnesty. Article 55 of the Constitution
          stipulates that international treaties concluded by Peru are part of national
          law and therefore subject to the constitutional regime. Thus, not only does
          the constitutional power of Congress to grant amnesty not contradict the
          relevant treaties, but those treaties do not expressly prohibit the
          implementation of articles 102 and 139 of the Constitution.
        
          
          /CN. 4/1996/35
          page 30
          Observations
          136. The Special Rapporteur appreciates the responses of the Government to the
          information he has transmitted. Some of these are not, however, sufficient to
          allay concern about the allegations. As regards the amnesty, the Special
          Rapporteur would point out that, both under general international law and
          under the Convention against Torture and Other Cruel, Inhuman or Degrading
          Treatment or Punishment, States are obliged to investigate allegations of
          torture, ensure that perpetrators are brought to justice and provide means of
          redress, including compensation, to victims. It is axiomatic that a State's
          national law may not be invoked to avoid its obligations under international
          law. Article 27 of the Vienna Convention on the Law of Treaties sets forth,
          in this regard, that “a party may not invoke the provisions of its internal
          law as justification for its failure to perform a treaty”.
          Philippines
          137. The Special Rapporteur transmitted to the Government 11 individual cases
          of alleged torture.
          Republic of Korea
          138. The Special Rapporteur made one urgent appeal on behalf of six persons.
          The Government provided replies to 11 cases which had been transmitted by the
          Special Rapporteur the previous year.
          Romania
          139. The Special Rapporteur transmitted two individual cases to the
          Government.
          Russian Federation
          140. The Special Rapporteur informed the Government that he had received
          reports concerning the alleged torture or ill-treatment of persons in the
          course of operations conducted by the armed forces in the Chechen Republic
          since December 1994. According to the reports, many detainees held in prison
          camps were beaten systematically in order to extract from them confessions
          admitting support of or loyalty to Chechen leader Dzhokhar Dudayev. Many such
          incidents occurred in January and February 1995 at “filtration points” in
          Grozny and Mozdok, as well as in investigation-isolation prisons established
          in Pyatigorsk and Stavropol. It was reported that persons detained at
          filtration points were not necessarily those involved in the armed conflict,
          but rather anyone that might be used in exchange for captured Russian
          soldiers.
          141. The Special Rapporteur also transmitted six individual cases to
          the Government. In addition, he sent two urgent appeals concerning the
          situation in the Chechen Republic, in one of which he was joined by the
          Special Rapporteur on extrajudicial, summary or arbitrary executions.
          The Government provided a reply to the joint appeal.
        
          
          E/CN. 4/1996/35
          page 31
          Follow-up to the mission of the Special Rapporteur to the Russian Federation
          142. The Special Rapporteur undertook a mission to the Russian Federation
          from 17 to 28 July 1994. His report on that mission is contained in document
          E/CN.4/1995/34/Add.1. Pursuant to resolutions 1995/37 B, paragraph 11
          and 1995/87 of the Commission on Human Rights, concerning follow-up work
          relating to country visits, the Special Rapporteur transmitted a letter to the
          Government on 10 July 1995 requesting information on measures it had taken to
          implement the recommendations made by the Special Rapporteur in his report.
          In particular, the Special Rapporteur sought to ascertain whether steps had
          been taken to remove from confinement in centres of detention on remand
          (“isolators”) the approximately 71,000 persons detained in excess of the
          officially proclaimed capacity of existing institutions (the possible release
          pending trial of all non-violent first-time offenders had been suggested by
          the Special Rapporteur) ; whether legislative measures had been taken in order
          to overcome the existing restrictions on the release of suspects on bail or
          on recognizance, especially as regards suspected first-time non-violent
          offenders; whether the new Code of Criminal Procedure had been adopted and,
          if so, whether it gave effect to article 22 of the Constitution, which places
          all deprivation of freedom under judicial authority; whether any programme
          to build new remand centres and/or to modernize the existing ones had been
          established; and whether any measure had been taken to ensure that all inmates
          in remand centres were provided with adequate food and medical assistance.
          143. In communications dated 14 and 15 September and 13 October 1995, the
          Government informed the Special Rapporteur as to the measures that had been or
          were to be taken pursuant to the recommendations in his report. A summary of
          some of the main points contained therein is provided in the paragraphs below.
          144. In April 1995 the State Duma of the Federal Assembly, in commemoration
          of the Great Patriotic War (the Second World War), adopted an amnesty
          for 300,000 persons, falling within a number of categories, who had not
          committed serious offences. In addition, a draft penal code was before the
          State Duma, under which many existing offences would be decriminalized and
          some 90 per cent of the articles of the existing Penal Code would be made more
          humane. Non-custodial sentences were prescribed for almost 60 per cent of
          offences and currently applied forms of punishment would be supplemented with
          new non-custodial forms or punishment involving less harsh conditions of
          imprisonment. Also, a new penal law enforcement code had passed the first
          reading in the State Duma. That code had as its aim a shift of emphasis from
          severe punitive measures to the encouragement of law-abiding behaviour on the
          part of prisoners.
          145. In reforming the Russian prison system, special attention had been
          being given to improving conditions in remand centres, a process which
          required substantial funding. Towards this end, a decision was made
          on 30 December 1993 on measures to be taken during 1994 and 1995 to enhance
          the material and technical resources available to remand centres and prisons
          run by the Interior Ministry and to improve social benefits for the employees
          of such institutions. A further decision was taken on 8 November 1994 for a
          federal programme for the building and rebuilding of remand centres and
          prisons run by the Interior Ministry and for construction of housing for
          the staff of such institutions over the period to the year 2000. In
        
          
          E/CN. 4/1996/35
          page 32
          pursuance of these decisions, the capacity of remand centres was in 1994
          raised by 6,070 places, including 4,570 added as a result of new construction.
          There were overall plans to increase the capacity of remand centres and
          prisons by 113,200 places, including 33,600 places as a result of new building
          and 29,700 as a result of rebuilding.
          146. As the Special Rapporteur noted in his report, the fact that in many
          cases investigating bodies and courts impose preventive detention without
          sufficient grounds, or delay investigation or hearing of criminal cases,
          constitutes a major reason for the overcrowding of remand centres. These
          matters had been drawn to the attention of the Ministry of Justice, the
          Supreme Court and the Office of the Procurator-General and, consequently, the
          Ministry of Justice issued an order that the consideration of criminal cases
          by the courts should be accelerated. On 29 September 1994 the Plenum of the
          Supreme Court took a decision expressing concern at the shortcomings in the
          judicial monitoring of compliance with legal procedures and the proper use by
          investigating bodies and procurators of preventive detention and extensions of
          detention, and outlining remedial measures. In addition, a decision agreed
          with the appropriate State machinery was taken whereby some convicted
          prisoners whose sentences had not yet been implemented would be removed from
          overcrowded remand centres and prisons and transferred to temporary remand
          centres set up within certain penal colonies, thus improving their conditions
          of detention. During the first three months of 1995, 12,300 prisoners were
          transferred in this way. Moreover, the Interior Ministry, the Ministry of
          Health and the country's medical industry were examining the possibility of
          removing from various remand centres in-house psychiatric assessment units
          located on prison premises and occupying a total area of about 2,000 square
          metres. Finally, in order to remedy the overburdening of staffing resources,
          the Government adopted a decision in August 1994 to raise the staffing ratio
          in remand centres and prisons by 25 per cent, from a staff-prisoner ratio
          of 1:6 to 1:4.
          147. On 21 June 1995 the State Duma of the Federal Assembly adopted the
          Federal Act on the detention of suspects and persons accused of having
          committed crimes, which unified legal standards concerning the rules for the
          detention of suspects and accused persons in various law enforcement agency
          establishments. Under section 4 of the Act, “detention must conform with
          the principles of lawfulness, the equality of all citizens before the law,
          humane treatment and respect for human dignity, with the Constitution of the
          Russian Federation, with the principles and standards of international law and
          with international agreements signed by the Russian Federation, and must not
          be accompanied by torture or other acts intended to cause physical or moral
          suffering to suspects or accused persons who are being held in custody”
          Under the Act, the detention of suspects and accused persons is to be based
          exclusively on the presumption of innocence, and discrimination against
          suspects is absolutely prohibited. The use of physical force, “special
          means”, gas pistols or firearms is regulated. Detainees must be released
          immediately upon the expiry of the statutory period of detention.
          Implementation of certain clauses of the Act would be postponed
          until 1 January 1998, because questions regarding the strengthening of the
          material and technical base remained unsettled. These concern the allocation
        
          
          E/CN. 4/1996/35
          page 33
          of individual bunks to all detainees, without exception, and the extension of
          the standard space per person in a cell to four square metres (from the two
          and a half square meters specified at present)
          148. A joint group of experts from the Russian Federation and the
          Council of Europe, was engaged in a project to harmonize Russian
          legislation with European standards. At the first meeting in Strasbourg
          from 14 to 16 June 1995, the experts identified main areas of activity, which
          will cover the expert evaluation of Russian legislation and judicial practice
          in the application of criminal penalties and the drafting of recommendations
          on the subject, as well as the provision of practical assistance in the
          specific area of training. There are plans for expert visits to places of
          detention, meetings with the staff of such institutions and lectures on
          guaranteeing human rights in the prison system in accordance with European
          practice. The group's work is to be carried out jointly with the activities
          of two similar groups of experts from the Russian Federation and the Council
          of Europe dealing with reform of the Russian legislation governing penal
          matters and criminal procedure and the reform of the judicial system. Its
          recommendations will be regularly reported to the State Duma of the Federal
          Assembly of the Russian Federation, and will also be used in practical work to
          improve the conditions in which detainees are held in the Russian Federation.
          Observations
          149. The Special Rapporteur very much appreciates the constructive responses
          of the Government by way of follow-up to the report on his visit. He believes
          that the object of various programmes referred to is to put an end to the
          overcrowding in pre-trial detention centres. He does not, however, feel that
          this problem, which results in appalling conditions for the detainees, will be
          sufficiently rapidly alleviated by the measures so far taken. In this
          respect, he draws the Commission's attention to the recommendations of the
          Human Rights Committee urging the Government “to refrain from placing
          first-time non-violent and petty offenders in detention centres”
          (CCPR/C/79/Add.54, para. 35).
          150. As far as the situation in Chechnya is concerned, the Special Rapporteur
          shares the Human Rights Committee's “deep concern about the large number of
          reported cases of torture [ and] ill-treatment of the persons . . . in ‘reception
          centres' and ‘filtration camps'” (CCPR/C/79/Add.54, para. 29).
          Saudi Arabia
          151. The Special Rapporteur advised the Government that he had received
          information indicating that the torture and ill-treatment of prisoners in
          Priman Prison in Jeddah was widespread. It was reported that the prison had
          insufficient space for detainees to sleep, that temperatures sometimes reached
          as high as 54 degrees Celsius and that it lacked medical facilities to treat
          prisoners, many of whom were ill.
          152. The Special Rapporteur also transmitted to the Government 7 individual
          cases and 3 urgent appeals on behalf of 13 persons.
        
          
          E/CN. 4/1996/35
          page 34
          153. In addition, the Special Rapporteur received a reply to allegations of
          ill-treatment of Iraqi refugees that he had transmitted the previous year
          (E/cN.4/1995/34, paras. 615-626) . In this respect, the Government replied
          that the authorities at the national and local levels had treated the refugees
          in the same way as Saudi citizens and in some cases had accorded them special
          privileges to help them to maintain their traditions and preserve their
          identity. The refugees were treated in accordance with customary
          international law and the Geneva Conventions concerning the law of war,
          when they had been considered prisoners of war. After they were recognized
          as refugees, the Government had treated them according to international
          instruments concerning refugees, or Saudi national law, consisting of the
          Islamic Sharia. Initially, there were a few incidents involving infringements
          by some soldiers with little or no experience of refugee problems, but persons
          responsible for those infringements were invariably punished in accordance
          with the Islamic Sharia, as a result of which the situation at the camps had
          been brought under control. Refugees suspected of committing offences were
          investigated under the normal procedures in force in the country, in
          accordance with the Islamic Sharia. Contrary to allegations, no refugees had
          died as a result of the investigation methods applied. Corporal punishment
          might have been required under the terms of legal judgements handed down
          against law-breakers. However, the authorities had endeavoured to restrict
          and even avoid its application to the refugees in the light of their
          particular status, and the penalty had been commuted and not used against
          any of the refugees.
          Slovak Republic
          154. The Special Rapporteur transmitted one individual case, to which the
          Government provided a reply.
          South Africa
          155. The Special Rapporteur advised the Government that he had received
          information indicating that, despite the advent of a number of reforms in
          the operations of the South African Police Service (SAPS) , torture and
          ill-treatment of persons in police custody continued to occur in the country.
          Most incidents of torture were said to take place during the 48 to 72 hour
          period during which police are authorized under the Criminal Procedure Act to
          detain an arrested person before presenting him or her to court. The methods
          of torture reported include beatings, rape and indecent assault, blindfolding,
          gagging, partial suffocation, tear-gassing, administration of electric shocks,
          prolonged suspension, painful handcuffing, sleep deprivation, food
          deprivation, enforced standing, withholding of medical treatment, subjection
          to mock executions and exposure to the torture of other persons. Torture was
          reportedly employed to obtain “confessions”, to elicit information by
          “breaking down” persons physically and psychologically, and to inflict
          informal punishment.
          156. A practice said to create conditions conducive to the occurrence of
          torture was that of holding detainees in police vehicles or unofficial places
          before taking them to police stations. Significant breaches of police
          procedure regarding logging in the time of arrest, the identity of the
        
          
          E/CN. 4/1996/35
          page 35
          arresting officer or the time of arrival at the police station were reported
          to be common. In addition, detainees were also frequently denied the
          opportunity to contact the outside world, resulting in de facto incommunicado
          detention.
          157. It was reported that many victims of torture or ill-treatment were
          reluctant to file complaints against police officers for fear of reprisals,
          that in some cases police had brought spurious criminal charges against
          persons filing complaints and that in other cases police had refused outright
          to register complaints. The Police Reporting Officer (PRO) , established
          in 1992 to deal with the handling of such complaints, had been systematically
          refused access to dockets and information in certain areas of the country and
          had ceased to function entirely in other areas. Prosecutions were said to be
          rare, as the Attorney-General's office frequently declined to prosecute
          alleged perpetrators of assault or torture.
          158. The Special Rapporteur also transmitted to the Government 18 individual
          cases of alleged torture.
          Spain
          159. The Special Rapporteur transmitted 17 individual cases to the Government.
          The latter sent a general comment regarding all of them, as well as details
          with respect to three.
          Sri Lanka
          160. The Special Rapporteur transmitted one individual case and requested
          follow-up information on a case transmitted the previous year. The Government
          provided the Special Rapporteur with further information regarding measures
          recently undertaken by the Government and already existent safeguards
          concerning his mandate.
          Sudan
          161. The Special Rapporteur advised the Government that he had continued to
          receive information indicating that the torture of detainees by security
          officials in the country was systematic. The methods of torture reported
          include severe beatings, enforced lying on hot metal plates until the skin
          is badly burnt, enforced standing for prolonged periods in the sun, physical
          contortion and enforced repetitive exercising.
          162. The Special Rapporteur also informed the Government that he had received
          reports according to which torture was used by soldiers and military
          intelligence officers to extract information from civilians in the course
          of the conflict with the Sudan People's Liberation Army (SPLA) in the
          Nuba mountains. Detainees held in army garrisons were said to be kept for
          prolonged periods in deep covered holes, tied up without food and little
          water. The rape of women by soldiers and militiamen during the conduct of
          such operations and in government established “peace camps” was reported to
          be widespread.
        
          
          E/CN. 4/1996/35
          page 36
          163. The Special Rapporteur transmitted 17 individual cases to the Government.
          In addition, he made 14 urgent appeals on behalf of 74 persons. Four of those
          appeals were made jointly with the Special Rapporteur on the situation of
          human rights in the Sudan; three appeals jointly with the Chairman of the
          Working Group on Arbitrary Detention; and one appeal with the Special
          Rapporteur on extrajudicial, summary or arbitrary executions. The Government
          replied to 3 appeals on behalf of S persons and also provided the names
          of 58 persons released under a general amnesty.
          Observations
          164. As last year, the Special Rapporteur appreciates the Government's
          responses on a small number of his urgent appeals, but notes an absence of
          response on others, as well as on the more substantial cases transmitted to
          the Government. Again he sees no reason to depart from the conclusion of
          the Special Rapporteur on the situation of human rights in the Sudan, in his
          interim report to the General Assembly, that “systematic torture” continues
          to be practised in the country (A/5O/569, para. 72) . The deplorable fact
          that other parties to the armed conflict in the south of the country also
          perpetrate serious and unjustifiable abuses in the areas under their control
          should be noted, but cannot relieve the Government of its own responsibility
          for torture perpetrated under its jurisdiction by its officials.
          Syrian Arab Republic
          165. The Special Rapporteur advised the Government that he had received
          information indicating that the torture of persons detained for political
          reasons in the country was systematic. Emergency legislation brought into
          force in 1963 allowed for the preventive detention of persons suspected of
          endangering public security and order. These powers were said to be exercised
          outside any judicial control by a number of security branches, most often
          by al-Amn al-Siyassi (Political Security) and al-Mukhabarat al- ‘Askariyya
          (Military Intelligence) . Arrests by the security branches were generally made
          without warrant. Persons arrested by the security branches were said usually
          to be held incommunicado, without access to lawyers, medical doctors,
          relatives, or the courts. Information as to an arrested person's place of
          detention and the reasons for arrest reportedly were not usually communicated
          to the family. Incommunicado detention was reported to occur for lengths
          ranging from a few weeks to years.
          166. The Supreme State Security Court (SSSC), which deals with political and
          security cases, reportedly lacks independence from the executive branch. It
          is accountable only to the Minister of the Interior and does not have the
          power to supervise the activities of the security forces with respect to the
          treatment of detainees. The SSSC reportedly admits routinely confessions
          alleged to have been extracted under torture or ill-treatment. Most of
          the 500 or more defendants on trial before the SSSC since July 1992 have
          reportedly stated in court that they had been tortured. None of these
          persons, however, was known to have been medically examined and no
          investigations into their allegations were known to have been carried out.
        
          
          E/CN. 4/1996/35
          page 37
          167. Torture is allegedly practised to extract information or “confessions”
          and as a form of punishment. The methods of torture reported include:
          falaga (beating on the soles of the feet) ; dullab (tyre) , whereby the victim
          is hung from a suspended tyre and beaten with sticks and cables; pouring cold
          water over the victim's body; and al-Kursi al-Almani (the German Chair)
          consisting of bending a metal chair on which the victim is seated so as
          to cause extension of the spine, severe pressure on the neck and limbs,
          respiratory difficulties, loss of consciousness and possible fracturing
          of the vertebrae.
          168. On 31 August 1995 the Government replied that torture was forbidden under
          the Syrian Constitution and persons violating this prohibition were subject to
          imprisonment for a period of from three months to three years. During the
          previous year, about 40 officials had been prosecuted for violating, on their
          own initiative, the rules concerning acceptable conduct towards detainees.
          They had been sentenced to various penalties. There also existed an Office
          for Grievances attached to the Office of the President of the Republic,
          established under the terms of Presidential Decree No. 29 of 22 June 1971 to
          receive any complaints from citizens and to follow up those complaints with
          the competent authorities, with a view to enforcing the rights of the
          complainants. Under the Decree, civil servants could be prosecuted if found
          to have violated the provisions of the Constitution.
          169. The Special Rapporteur also transmitted two individual cases, to which
          the Government provided replies.
          Switzerland
          170. The Special Rapporteur received from the Government replies to
          four individual cases that had been transmitted to it the previous year.
          Togo
          171. The Special Rapporteur transmitted one urgent appeal to the Government on
          behalf of seven persons.
          Tunisia
          172. The Special Rapporteur retransmitted one case, to which the Government
          replied. He also sent three urgent appeals on behalf of five persons and the
          Government replied to two of them.
          Trinidad and Tobago
          173. The Special Rapporteur transmitted two urgent appeals on behalf of
          two persons.
          Turkey
          174. The Special Rapporteur informed the Government that he had received
          reports indicating that the practice of torture in police stations and
          gendarmeries remained widespread. According to the information, torture
        
          
          E/CN. 4/1996/35
          page 38
          was applied in order to extract “confessions”, to elicit names of members
          of illegal organizations, to intimidate detainees into becoming police
          informants, to inflict informal punishment for assumed support of illegal
          organizations and to force villagers in the south-east to become village
          guards.
          175. Persons detained on suspicion of offences under the Anti-Terror Law may
          be held without access to family, friends or legal counsel for up to 30 days
          in the 10 provinces presently under a state of emergency and for up to 15 days
          in the rest of the country. Such periods of incommunicado detention create
          conditions particularly conducive to the practice of torture. It was reported
          that in the above-mentioned provinces, all of the local branches of the Human
          Rights Association (HRA) had been closed by the authorities and many of its
          members, including lawyers, had been arrested. HRA was therefore unable to
          receive complaints, carry out investigations, or provide legal counsel to
          persons arrested and subjected to ill-treatment.
          176. Officials carrying out torture were said typically to take care to employ
          methods which left little or no medical evidence. Such techniques include
          hosing with cold pressurized water, suspension by the arms or by the wrists
          bound behind the victim's back, electric shocks, sexual assault and death
          threats.
          177. The Special Rapporteur also transmitted 41 individual cases of alleged
          torture and the Government replied to 30 of these cases. In addition, he
          transmitted 25 urgent appeals on behalf of 80 persons and the Government
          replied to 13 of these appeals concerning 36 persons. One such appeal was
          transmitted in conjunction with the representative of the Secretary-General on
          internally displaced persons, the Chairman of the Working Group on Arbitrary
          Detention, the Special Rapporteur on extrajudicial, summary or arbitrary
          executions and the Chairman of the Working Group on Enforced or Involuntary
          Disappearances on behalf of Turkish and Iraqi civilians of Kurdish ethnic
          origin situated in areas affected by operations of the Turkish army in
          northern Iraq. The Government further provided replies to 58 previously
          transmitted cases and commented to the Special Rapporteur upon the
          observations he had made on Turkey in his previous report. Lastly, the
          Government sent to the Special Rapporteur statistical information concerning
          legal complaints that had been registered with the Government for alleged
          torture or ill-treatment during 1994 and the first half of 1995.
          Observations
          178. The Special Rapporteur, while appreciating the responses received from
          the Government and aware of the terrorist atrocities committed by the Kurdish
          Workers' Party (PKK) , considers that the observations contained in his
          previous report (E/CN.4/1995/34, para. 826) remain applicable, reflecting
          concerns that he shares with other intergovernmental bodies that have examined
          the situation. As he always remains open to reviewing his understanding of
          the facts, he has informed the Government of Turkey of his interest in
          receiving an invitation to visit the country. At the time of writing, he was
          still awaiting a response.
        
          
          E/CN. 4/1996/35
          page 39
          Turkmenistan
          179. The Special Rapporteur transmitted two individual cases and reminded the
          Government of a number of cases transmitted the previous year regarding which
          no replies had been received.
          United Arab Emirates
          180. The Special Rapporteur transmitted two urgent appeals on behalf of
          two persons.
          United Republic of Tanzania
          181. The Special Rapporteur transmitted an urgent appeal in conjunction with
          the Special Rapporteur on extrajudicial, summary or arbitrary executions on
          behalf of a group of refugees from Rwanda.
          United States of America
          182. The Special Rapporteur advised the Government that he had received
          information indicating that a police practice of placing suspects face down
          in restraints, usually while hogtied, had resulted in a substantial number
          of injuries and deaths in police custody in the country. Such practices,
          exercised in a number of jurisdictions, were said to restrict respiratory
          movement and occasionally to lead to death from “positional asphyxia” . The
          risk of death was said to be exacerbated when the restrained person was in an
          agitated state or under the influence of drugs.
          183. Conditions at certain maximum security facilities were said to result in
          the inhuman and degrading treatment of the inmates in those facilities. At
          the H-Unit in the Oklahoma State Penitentiary at McAlester, death row
          inmates were reportedly confined for 23 or 24 hours per day in windowless,
          sealed, concrete cells, with virtually no natural light or fresh air. The
          only time spent outside these cells was 1 hour per day on weekdays,
          when 4 prisoners at a time were able to exercise in a bare concrete yard
          with 18 foot solid walls giving no view of the outside. There was very little
          direct contact between prisoners and guards and no work, recreational or
          vocational programmes. Similarly, at the Special Housing Unit (SHU) of
          Pelican Bay prison in California, prisoners were reportedly confined, either
          alone or with one other prisoner, for 22Y hours per day in sealed, windowless
          cells with bare white concrete walls. The cell doors were made of heavy gauge
          perforated metal which, according to a federal district court, “blocks vision
          and light”. A substantial number of prisoners in SHU were said to be
          suffering from mental illness, which had been caused or exacerbated by their
          confinement in the unit. In recent litigation, the federal district court
          concluded that conditions there “may press the outer bounds of what most
          humans can psychologically tolerate” . A large number of prisoners were said
          to be assigned to the unit indefinitely.
          184. On 21 November 1995 the Government sent a reply regarding the general
          concerns raised by the Special Rapporteur. The Constitution and laws of the
          United States and those of its constituent states prohibited torture and any
          form of cruel and unusual punishment; the Constitution protected every
        
          
          E/CN. 4/1996/35
          page 40
          individual's right to bodily integrity and security of person, including
          the right to be free from excessively forceful arrest; and the law of the
          United States and of its constituent states provided numerous judicial,
          administrative and other remedies and avenues of recourse for individuals who
          claimed that, in the course of their arrest or detention, law enforcement
          officials had inflicted torture or cruel and inhuman treatment or punishment.
          In its reply, the Government went on to discuss and analyse particular legal
          standards and practices applicable to issues concerning segregation and
          solitary confinement, use of excessive force by prison guards, use of
          excessive force by police officers, as well as criminal and civil remedies
          available to alleged victims.
          185. The Special Rapporteur also transmitted six individual cases.
          Uzbekistan
          186. The Special Rapporteur transmitted one urgent appeal on behalf of
          two persons.
          Venezuela
          187. The Special Rapporteur transmitted to the Government 22 new cases, as
          well as 8 transmitted in 1994 to which no reply had been received yet. He
          also sent three urgent appeals on behalf of eight persons and the Government
          sent a reply regarding one person.
          Observations
          188. Despite the invitation to visit the country mentioned in the previous
          report (E/CN.4/1995/34, para. 865), the visit did not take place as
          the Government failed to communicate a date for it or formally to convey any
          explanation for the silence. The Special Rapporteur expresses his regret at
          this turn of events and at the fact that he may have been induced to mislead
          the Commission at its fifty-first session. If the invitation is not given
          effect to in the coming year, he will be constrained to conclude that it has,
          in effect, been withdrawn.
          Yemen
          189. The Special Rapporteur advised the Government that he had received
          information indicating that torture and ill-treatment of both criminal
          detainees and persons detained for political reasons was routine. Allegations
          of torture were said generally to go uninvestigated. The incidence of torture
          reportedly increased dramatically during and in the aftermath of the civil
          armed conflict from May to July 1994. Methods of torture reported include
          beatings all over the body with cables, application of electric shocks, actual
          or threatened rape and “Kentucky Farruj” (suspension from a metal bar inserted
          between the hands and knees which are tied together) . Military personnel
          arrested during or after the conflict were allegedly tortured so as to force
          them to divulge military information. Underground torture cells were said to
          exist at the Political Security detention centre in Sana'a.
        
          
          E/CN. 4/1996/35
          page 41
          190. The Special Rapporteur also transmitted three individual cases. In
          addition, he transmitted one urgent appeal on behalf of one person, to which
          a reply was received.
          Yugoslavia
          191. The Special Rapporteur informed the Government that he had received
          reports indicating that the practice of torture and ill-treatment of ethnic
          Albanians in Kosovo by police officers, as described in his letter
          of 21 July 1994 (see E/CN.4/1995/34, paras. 875-77, 892), was continuing. The
          Government replied that the letter of the Special Rapporteur was replete with
          unfounded allegations intended to create an erroneous picture of alleged mass
          and systematic terror in Kosovo and Metohija. Contrary to the allegations,
          there had been no “ethnic cleansing” within the Serbian police force. Ethnic
          Albanians had left the police force at the behest of nationalist separatists
          and secessionists and as they absented themselves from work and refused to
          perform their duties, legal conditions were created for the cessation of their
          employment. Accordingly, no discriminatory measure was taken against them;
          only “law” was applied.
          192. The Government also stated that “coercion measures” were applied
          very selectively and in accordance with law and, as a rule, only when the
          protection of the lives of police officers and citizens and their property
          could not be ensured in any other way. Interventions during which “coercion
          measures” were applied and cases of excessive use of force, i.e. of
          unjustified use of force, were examined separately and, if found responsible,
          police officers were disciplined and/or prosecuted.
          193. The Special Rapporteur also transmitted 29 individual cases, to which the
          Government provided replies. In addition, the Government replied to 96 cases
          transmitted the previous year.
          Observations
          194. The Special Rapporteur appreciates the replies he has received this
          year from the Government, both in respect of information transmitted to the
          Government this year and in respect of cases included in previous reports.
          He, nevertheless, finds it difficult to consider the generally unsubstantiated
          assertions, that either no measures or no coercive measures were taken in the
          overwhelming number of cases raised with the Government, as requiring him to
          modify the assessment made last year that the thrust of the allegations
          reflect an extensive practice of torture and similar ill-treatment, especially
          in Kosovo.
          Zaire
          195. The Special Rapporteur informed the Government that he had received
          information according to which more than 200 secret detention centres run
          by the police or the armed forces existed in Kinshasa, where torture was
          practised routinely and conditions of detention were appalling. At the
          same time he transmitted 18 individual cases.
        
          
          E/CN. 4/1996/35
          page 42
          III. CONCLUSIONS AND RECOMMENDATIONS
          196. It is clear that torture occurs in many countries, all too frequently on
          an extensive basis. The Special Rapporteur continues to believe that, if
          States were to comply with the recommendations that have been made over the
          years and summarized in last year's report (E/CN.4/1995/34, para. 926), it
          would occur only in isolated instances and it would be promptly redressed.
          197. Responses from Governments to at least some of his letters and urgent
          appeals tend now to be more the rule than the exception and the Special
          Rapporteur welcomes this. Nevertheless, he feels entitled to treat a number
          of the responses with scepticism, especially when they come from States that
          do not comply, either in law or in practice, with many of the recommendations,
          most of which are designed to provide structural bulwarks against perpetration
          of the crime of torture. This is especially the case as regards those
          recommendations that are aimed at putting an end to prolonged incommunicado
          detention and impunity.
          198. More specifically, he wishes to draw the attention of Governments to
          difficulties he often encounters with the contents of responses. He does, of
          course, appreciate any response. He is also aware of the difficulties faced
          by many Governments, especially of developing countries, in locating and
          assembling the necessary information, difficulties that are compounded in the
          case of States with federal systems of jurisdiction. Nevertheless, some kinds
          of response remain insufficient for him to evaluate the allegations
          adequately. Thus, some responses merely contain blanket denials for all
          cases. Some contain simple denials for individual cases or merely allege that
          no complaint was made to a pertinent authority. Some make denials in respect
          of individual cases on the basis of an investigation, without providing
          details of the body that investigated or the nature of the investigation.
          Others may refer to an investigation being under way, but no further
          information is provided subsequently as to the results. Reference is
          sometimes made to medical examinations, but certificates indicating the
          institutional association of the practitioner and the results of the
          examination are not provided. When they are provided, they may not be legible
          or may contain general information about a cause of death (for example, heart
          attack, renal failure, etc.), without giving any indications of what may have
          led to these usually premature conditions, suggesting either a perfunctory
          examination or autopsy, or a perfunctory certificate. Or they may indicate an
          absence of physical sequelae, despite the fact that some physical sequelae,
          for example of electric shocks, may not be easily identifiable and some forms
          of torture or ill-treatment, such as mock executions, will have no physical
          sequelae.
          199. Some responses indicate that charges may have been made against the
          officials concerned, but often without any subsequent indication of the
          outcome of any trial. Indeed, while some Governments may provide statistics
          on convictions and sentences of its personnel for abuses against persons
          deprived of their liberty, it is most unusual for details to be given of
          specific officials in respect of specific cases. Details of any compensation
          are similarly rare.
        
          
          E/CN. 4/1996/35
          page 43
          200. It is to ensure that the Special Rapporteur is in possession of
          the relevant information that, in his standard letter of transmittal of
          information to Governments, the Special Rapporteur requests the following
          information where “it is pertinent to the cases in question” : (i) whether
          the allegations are factually accurate; (ii) any other factual circumstances
          which should be taken into account in assessing the implications of the
          allegations; (iii) the court, agency or other competent body which was, or is,
          responsible for investigation of the allegations and/or the prosecution of
          those responsible; (iv) the result of any medical examination and the identity
          of the person who performed it; (v) the identity of the person or persons,
          group or unit responsible for the torture, if known, as well as the identity
          of any military, police, paramilitary, civil defence or similar body, or
          armed group not under government control, to which those responsible
          belong; (vi) the decision on a complaint, the grounds for this decision and
          any disciplinary or criminal sanctions imposed, as well as whether or not the
          measure(s) imposed is (are) final; (vii) the present status of any
          investigation or legal action not yet completed; (viii) the nature and amount
          of any compensation made to the victim or his/her relatives; (ix) in the event
          the investigation has not been completed, the responsible parties have not
          been identified, prosecuted, or punished or compensation not paid, the reasons
          why such is the case; and (x) any other information or observations which the
          Government deems pertinent.
          201. The Special Rapporteur, in full cognizance of the burden involved,
          therefore respectfully urges Governments to do their utmost to provide the
          information sought so as to enable him to improve his capacity accurately to
          assess the situations with which he is called upon to deal. In this regard,
          the Commission may once again wish to reiterate its frequently stated appeal
          to Governments to supply all information requested.
        

Download Attachments:

Exit mobile version