Aadel Collection
Report of the Special Rapporteur, Mr. Nigel S. Rodley, submitted pursuant to Commission on Human Rights resolution 1997/38
UNITED
NATIONS
E
Distr.
Economic and Social GENERAL
Council
E/CN.4/l998/38/Add.l
24 December 1997
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Fifty-fourth 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 1997/38
Addendum
Summary of cases transmitted to Governments and replies received
CONTENTS
Paragraphs
Page
Afghanistan
Albania
Algeria
Argentina
Armenia
Austria
Azerbaij an
Bahrain
Bhutan
Bolivia
Brazil
Bulgaria
Burundi
1-2 4
3 4
4-8 4
9 5
10 - 13
14 - 17
18 - 20
21 - 24
25 - 28
30 - 34
35 - 39
40 - 43
S
6
7
7
8
29 9
9
10
11
GE.97-l4648 (E)
E/CN. 4/1998/38/Add.1
page 2
CONTENTS ( continued)
Paragraphs Page
Cameroon 44 - 48 11
Chad 49 - 63 12
Chile 64 - 66 14
China 67 - 78 16
Colombia 79 19
Cuba 80 - 82 19
Cyprus 83 - 84 19
Democratic Republic of the Congo 85 - 86 20
Djibouti 87 20
Ecuador 88 - 89 20
Egypt 90 - 114 21
Equatorial Guinea 115 - 118 24
Ethiopia 119 - 133 25
Georgia 134 - 136 28
Germany 137 - 142 29
Greece 143 30
Guatemala 144 - 147 30
Haiti 148 - 151 31
Honduras 152 - 158 32
Hungary 159 33
India 160 - 173 33
Indonesia 174 - 207 36
Iran (Islamic Republic of) 208 - 210 42
Israel 211 - 225 42
Kenya 226 - 231 45
Kuwait 232 46
Malaysia 233 47
Maldives 234 - 235 47
Mauritania 236 47
Mexico . 237 - 248 47
Myanmar . 249 - 267 50
Namibia . 268 53
Nepal . . 269 - 279 53
Niger . . 280 - 283 55
Nigeria . 284 - 290 56
Pakistan 291 - 299 57
Peru 300 - 327 59
Republic of Korea 328 - 332 64
Romania 333 - 346 66
Russian Federation 347 - 379 68
Rwanda 380 - 381 73
Senegal 382 - 386 74
Spain 387 - 392 74
Sri Lanka 393 - 395 77
Sudan 396 - 410 77
Swaziland 411 81
Sweden 412 81
Switzerland 413 - 416 81
Syrian Arab Republic 417 - 418 83
E/cN.4/1998/38/Add. 1
page 3
CONTENTS ( continued)
Paragraphs Page
Tunisia . 419 - 422 83
Turkey . 423 - 445 84
Ukraine . 446 88
United Kingdom of Great Britain and Northern Ireland . . 447 - 448 88
United Republic of Tanzania . 449 89
United States of America . 450 - 463 89
Venezuela . 464 - 472 91
Yemen . 473 - 481 93
Yugoslavia . 482 - 493 94
Zambia . 494 - 495 97
E/CN. 4/1998/38/Add.1
page 4
Afghanistan
1. On 25 April 1997, the Special Rapporteur sent an urgent appeal in
conjunction with the Special Rapporteur on the situation of human rights in
Afghanistan concerning the administration of amputation as a form of
punishment by the Taliban authorities. According to reports received at the
time, sentences of amputation may be decreed following summary trials by
Islamic Courts or may be carried out on the orders of Taliban commanders or
other officials. Amputation was said to be performed by doctors or, in some
cases, by Taliban guards. One man reportedly underwent amputation of his hand
and foot on 21 April 1997 and at least two other persons were reported to be
awaiting amputation. Expressing the view that corporal punishment,
particularly those forms which cause pain and/or mutilation or permanent
disfigurement, is inconsistent with the prohibition of torture and other
cruel, inhuman or degrading treatment or punishment, the Special Rapporteurs
appealed to the Taliban authorities to ensure that no further acts of
amputation are carried out.
2. On 2 June 1997, the Special Rapporteur transmitted an urgent appeal in
conjunction with the Special Rapporteurs on the situation of human rights in
Afghanistan and on extrajudicial, summary or arbitrary executions on behalf of
Ismail Khan, an opposition general and former governor of Herat province. He
was reportedly arrested by other opposition forces on or around 19 May 1997
and handed over to the Taliban authorities in the city of Kandahar.
Albania
3. On 11 February 1997, the Special Rapporteur sent an urgent appeal on
behalf of a large number of demonstrators who had allegedly been arrested in
connection with protests said to have taken place since January in several
towns of the country. According to the information received, some of these
detainees, particularly at Vlora, Berat and Korça, were severely beaten in
police stations. In its letter of 12 March 1997, the Government replied that,
since no complaint had been lodged with the Government Procurator's Office or
the courts against the armed forces, it was impossible to confirm the
allegations.
Algeria
4. By letter of 17 November 1997, the Special Rapporteur informed the
Government that he had received reports concerning the following persons.
5. Rachid Mesh, a human rights lawyer, allegedly abducted in the Rouiba
area near Algiers, on 31 July 1996. On 7 August, police reportedly informed
his relatives that he was detained in Reghai. On 10 August, Rachid Mesh was
allegedly brought before a magistrate, at which time he is said to have
appeared in poor physical condition, with bruises on his right eye and hand.
He was then transferred to the prison of El-Harrache, where his detention
conditions are reported to have improved, though still described as harsh, and
he was allowed visits from his family and lawyers. No investigation is said
to have been carried out into his alleged ill-treatment.
E/cN.4/1998/38/Add. 1
page 5
6. Hassan Cherif and his brother Hakim, aged 17 and 18 respectively,
reportedly arrested on 2 August 1996 and kept for 17 days in garde a vue
(detention) at the commissariat of Bab Ezzouar, Algiers, on suspicion of
having links with an armed opposition group. They are said to have been
subjected to torture during detention, including subjection to electric shocks
and the suffocation method known as “ chiffon” . Hassan was reportedly hit with
a gun as a result of which his nose was broken. His brother Hakim is said
to have sustained a broken leg. They were further allegedly threatened
with rape. A request for a medical examination by their lawyer on
15 September 1996 had reportedly not been responded to by April 1997.
7. Brahim Abdullatif, reportedly arrested at his home on 6 January 1997,
taken to the gendarmerie station where he is said to have been detained until
6 March 1997 before being transferred to the prison of El-Harrache where he
allegedly still remained in September 1997. During his detention in the
gendarmerie station, he was allegedly subjected to torture including electric
shocks. At night, he was allegedly left hanging from a pillar or tree with
his hands tied. Further, he is said to have been burned with a hot iron,
leaving marks on the right side of his body. In his cell, ventilation was
provided only by a small hole. He was reportedly interrogated with a camera
directed at his face and his legs bound with electric wires. As a result of
the torture, he is said to have become deaf and almost lost his left eye.
Urgent appeals
8. On 15 May 1997, the Special Rapporteur transmitted an urgent appeal on
behalf of Aziz Bouabdallah, a journalist with El-Alam El-Sivasi , who was
allegedly arrested on 12 April 1997 by members of the security forces and
denied any contacts with his family or lawyer. On 21 July 1997, the
Government denied that Aziz Bouabdallah had ever been arrested by the security
forces.
Argentina
9. By letter of 26 May 1997 the Special Rapporteur advised the Government
that he had received information to the effect that on 22 January 1996 a group
of detainees in a yard at the Côrdoba remand centre had attempted to escape in
a refuse truck. The attempt was foiled by guards but led to disturbances in
several blocks. A large number of the inmates, including those not involved
in the attempted escape, were reportedly stripped and made to lie for hours
face down in the yard, where they were allegedly sprayed with water and beaten
and shot at with rubber bullets, incidents for which there is photographic
evidence. These events reportedly left about 200 injured and 3 dead. The
lawyer who reported the facts to the relevant prosecutor's office is said to
have received threats. The cameraman who had taken pictures of the inmates
being ill-treated was also reportedly subjected to repeated threats and
harassment.
Armenia
10. By letter dated 5 February 1997, the Special Rapporteur informed the
Government that he had received information concerning the cases summarized
below.
E/CN. 4/1998/38/Add.1
page 6
11. A number of persons detained in connection with the trial of
Vahan Hovanessian, a senior member of the Armenian Revolutionary Federation
Party (ARF) , and 30 other persons accused of participation in attempting to
stage an armed coup, were allegedly ill-treated or tortured following their
arrest. Manvel Yeghiazarian was reportedly arrested on 29 July 1995 and
assaulted along with his wife and children. He was taken to a prison hospital
with concussion, bruising and fractured ribs. Ashot Avetsian was allegedly
beaten with metal rods and subjected to electric shocks. Six of his relatives
were also reportedly detained to pressure him into making a confession.
12. Amayak Oganesyan, who was drafted into the army on 1 May 1995, was
allegedly ill-treated by his sergeant who verbally abused him, inflicted a
knife wound near his ribs and hit him around the head with a spade. He was
reportedly denied medical care and threatened that he would be “blown up on a
mine” if he complained. He was further allegedly beaten by fellow soldiers at
the instigation of the sergeant, as a result of which he lost consciousness.
Eventually transferred to a hospital, he was allegedly beaten by a medical
attendant when he was too weak to perform cleaning tasks. He was said to have
been subjected to further beatings with sticks and an iron when he refused to
give another soldier his clothes. Following the diagnosis of lymphosarcoma,
he was eventually discharged from the army. An official complaint concerning
his ill-treatment to the military authorities on 18 August 1995 was reportedly
not responded to.
13. The Special Rapporteur transmitted the following cases in connection
with allegations of ill-treatment by the police during demonstrations
following the national elections of 22 September 1996:
(a) Ruben Akopian, a member of parliament from the suspended ARF, was
reportedly detained on 25 September 1996 at the National Assembly building and
allegedly kicked and beaten unconscious with gun butts;
(b) A number of persons were reportedly severely beaten with rifle
butts and kicked with boots, when uniformed troops were said to have entered
the premises of the opposition National Self-Determination Union (NSDU)
Among them were reportedly NSDU President Garine Stepanian and staff members
ma Konstanian, Sophia Neshanian and Anahid Garabedian. Aramzd Zakanian, a
member of parliament, was also allegedly beaten with fists and batons.
According to the information received, he was subsequently detained and again
subjected to beatings in police custody. He was said to have been transferred
to hospital with a fractured skull, a broken rib and facial lacerations;
(c) Gagik Mkrtchyan, a reporter from the opposition Russian-language
newspaper Gobs Armenii ( Voice of Armenia ) and a member of the ARP, and
David Varanian, a member of the opposition National Democratic Union, were
reportedly detained on 26 September 1996 and taken to the 6th Department of
the Ministry of Internal Affairs, where they were allegedly severely beaten.
Austria
14. By letter dated 17 February 1997 the Government provided additional
information on two cases, which the Special Rapporteur had transmitted on
11 June 1996 and to which the Government had first replied on
E/cN.4/1998/38/Add. 1
page 7
11 September 1996. It concerned the cases of Wolfgang Purtscheller, a
journalist allegedly arrested on 22 September 1994 and knocked unconscious by
police officers, and Emad Faltas, an Egyptian national allegedly assaulted by
members of the Vienna Drugs Squad on 21 June 1995 (E/CN.4/1997/7/Add.1,
paras. 5-7)
15. Concerning the case of Wolfgang Purtscheller the Government stated that
the Vienna Public Prosecutor's Office had found no grounds for further
judicial prosecution of the officers accused and closed the case on
25 September 1997, since the judicial preliminary inquiries had produced no
evidence of criminal behaviour.
16. With respect to the case of Emad Faltas the Government stated that the
Vienna Court of Appeal, by judgement of 12 November 1996, had dismissed the
appeal lodged by the Vienna Public Prosecutor's Office. The judgement of
acquittal of the three detective officers by the Vienna Regional Criminal
Court on 24 April 1996 was therefore said to be final.
17. The reply was transmitted to the source, who commented by letter
dated 27 October 1997 that the Government had failed to provide further
information on the nature of the judicial preliminary inquiries in the case of
Wolfgang Purtscheller, nor had it indicated whether the inquiries had been
conducted promptly and impartially, or explained how the conclusion had been
arrived at. Concerning the case of Emad Faltas, the source commented that the
Government's response had not mentioned whether a prompt and impartial
investigation had taken place.
Azerbail an
18. By letter dated 20 June 1997 the Special Rapporteur communicated the
individual cases summarized in the paragraphs below.
19. Taptig Farhadoglu, a journalist with the news agency Turan, was
reportedly beaten severely near Azadlig Square in Baku on 17 November 1996 by
a group of men in civilian clothes, shortly after he had interviewed
opposition politician Neimat Panahov. When he reported the incident to Saba
district police department, he allegedly found one of the attackers there; he
turned out to be the head of the district's 39th police department.
20. Murshud Mahmudov and Abulfat Kerimov were reportedly among 37 defendants
in the case against the special police unit OPON, who were being tried on
charges in connection with a coup d'etat attempt in March 1995. They and
some 22 other defendants had allegedly been subjected to physical or mental
ill-treatment during their detention in the first half of 1996.
Murshud Mahmudov allegedly had electric shocks applied to his ears and
Abulfat Kerimov was said to have been hung upside down and beaten.
Bahrain
21. In a letter of 17 November 1997, the Special Rapporteur transmitted
allegations that Yasser Abdul Hussein Ali Al-Sayakh was reportedly arrested at
his home in the Jidali district of Manama by security forces on
5 December 1996. During interrogation at the ‘Adlya Criminal Investigation
E/CN. 4/1998/38/Add.1
page 8
Department by two named officers about his alleged involvement in political
activities, he was allegedly suspended by the hands, punched in the stomach
and subjected to falaga (beatings on the soles of the feet) while being hung
by the knees over a stick with his hands tied. He was further said to have
been threatened with electric shocks and the pulling out of his fingernails.
It was also reported that during a visit by the International Committee of the
Red Cross, he was kept in a toilet with four other detainees until the
delegation had left. As a result of the torture, he was reportedly suffering
from pain in his back and legs as well as psychological problems.
Urgent appeals
22. On 27 March 1997, the Special Rapporteur made an urgent appeal on behalf
of Sayyid Jalal Sayyid'Alawi Sharaf, who was reportedly arrested at his home
in al-Duraz on 6 March 1997 and taken to the al-Qal'a compound in Manama. The
reports indicated that he was being held incommunicado and had been beaten
during interrogations. In a reply dated 15 April 1997, the Government
strongly denied that Sayyid Jalal Sayyid'Alawi Sharaf had been mistreated, and
assured the Special Rapporteur that the detainee had access to proper care as
well as visitation rights.
23. On 4 April 1997, the Special Rapporteur transmitted an urgent appeal on
behalf of Ali Hassan lusuf, who was reportedly arrested in Jidd Hafs on
16 February 1997. He has reportedly been held incommunicado at Manama prison
ever since. The Government reply of 28 April 1997 strongly denied allegations
of mistreatment, and stated that Ali Hassan lusuf had been released on bail
on 16 April 1997.
24. The Special Rapporteur sent an urgent appeal on 7 October 1997, on
behalf of Mohammed Ahmed Shafi'i, who was allegedly arrested by intelligence
officials on 3 September 1997 in Hamad town. The reports indicated that he
was being held incommunicado at the al-Qal'a compound in Manama.
Ehutan
25. On 21 August 1997 the Special Rapporteur transmitted an urgent appeal on
behalf of five persons arrested in Pemagatshel district in July and August,
allegedly for support of previously targeted political organizations:
Gyamtsho (18 years old), Sangay Phuntsho, Tandin Wangchuk and Kinzang Chophel,
all monks at Kheri Gompa monastery, and Sonam Tobgyel from Shumar village. In
its reply of 2 September 1997, the Government denied that any person fitting
Gyamtsho's description had been detained, but provided information about a
31-year-old farmer by the name of Jamtsho. It confirmed the arrest of the
four other persons and gave assurances that their physical and mental
integrity would be protected.
26. On 2 October 1997, the Special Rapporteur transmitted an urgent appeal
concerning Dorji Norbu, Kunga, Dorji Tshewang and Namkha Dorji, who were
reportedly arrested in eastern Ehutan by the Royal Ehutan Police on
10 September 1997. They were reportedly being held in Pemagatshel police
station, where they were shackled and subjected to daily public floggings with
willow and other branches. Also reported to have been arrested were
Chhoeten Tshering, Tachi, Sengye Phuentshok and Chhoedra from Trashigang
E/cN.4/1998/38/Add. 1
page 9
district. In its letter of 17 October, the Government confirmed the detention
of all the above persons, but denied that shackles and public floggings were
being used.
27. On 31 October 1997, the Special Rapporteur sent an urgent appeal on
behalf of Thinley, Sangay Tenzin (son of Dorji) , Druki (son of Tshering Dorji)
and Ugen Wangdi (son of Urpi) , who were allegedly among 26 people arrested by
the Royal Bhutan Police in eastern Bhutan on 23 October 1997 in connection
with a peaceful demonstration. They were allegedly chained in groups of four
and forced to walk to Samdrup Jonkhar prison, where they were allegedly
subjected to a form of torture in which the thighs are pressed between two
rods ( chepua ) , and threatened with further torture if they did not cease their
activities.
28. In a letter of 26 November 1997, the Government confirmed the arrest of
the four men, but denied the allegations of ill-treatment or torture, and
stated that the detainees had been brought before the Samdrupjongkhar District
Court on 27 October 1997. It explained that the prisoners were not chained
and assured the Special Rapporteur that torture is prohibited by law and that
detainees have access both to a lawyer and to their relatives.
Bolivia
29. On 29 January 1997 the Special Rapporteur made an urgent appeal to the
Government on behalf of Waldo Albarracin, President of the Permanent Human
Rights Assembly, who was reportedly detained in La Paz by plain-clothes
policemen. The latter are said to have taken him to an unidentified location,
where they allegedly beat him for several hours and threatened him with death.
Afterwards they reportedly brought him to the judicial police headquarters,
from which he was ordered to be taken to hospital. On 3 March 1997, the
Government replied that Mr. Albarracin had been released and that the reason
for his detention was being investigated by a commission of the National
Congress.
Brazil
30. On 26 May 1997 the Special Rapporteur transmitted the following
individual cases to the Government.
31. Carlos da Silva was detained on 25 February 1995 by the military police
after having stolen a car in the Santo Amaro district of São Paulo. Despite
having got out of the car with his hands up when caught, he was allegedly
fired at by one of the policemen. Afterwards he was reportedly taken to a
vacant lot, where he was allegedly subjected to various forms of torture, such
as being beaten in the testicles and having his hands trampled on while four
policemen pointed guns at his head. The case had reportedly been brought
before the military courts.
32. José Ivanildo Sampaio de Souza was arrested on 24 October 1995 in
connection with a drug-trafficking offence in Fortaleza, Cearl, by members of
the Federal Police. He died the following day in custody. Doctors of the
Institute of Forensic Medicine are said to have given the cause of death as
internal haemorrhaging as a result of injury with a blunt object. They also
E/CN. 4/1998/38/Add.1
page 10
reportedly found bruising of the chest, thighs and wrists and four broken
ribs. Once the investigation had been completed the case is said to have been
referred to the federal investigation service for it to decide on the
prosecution of seven federal police officers allegedly involved. On
5 July 1996 the Federal Chamber of Deputies approved the award of a monthly
pension to the victim's family.
33. José Wilson Pinheiro was detained on 15 August 1996 in a state of
intoxication and taken to the fifth district police station in Fortaleza.
While in custody he was allegedly subjected to torture, causing various
injuries that included a perforation of the right eye. The police reportedly
maintained that the injuries had been caused by another detainee, a fact said
to have been denied by the victim.
Urgent appeals
34. On 20 January 1997 the Special Rapporteur, together with the Special
Rapporteur on extrajudicial, summary or arbitrary executions, made an urgent
appeal on behalf of the witnesses to an incident in which alleged members of a
death squad were said to have died as a result of excessive use of force by
the police in Cavaleiro, Pernambuco.
Bulgaria
35. On 11 July 1997, the Special Rapporteur transmitted to the Government
the following cases.
36. Martin Zagorov and his brother Nedyalko Zagorov, aged 16 and 14
respectively, were reportedly taken for questioning to Shumen police station
on 5 December 1996. Martin was allegedly handcuffed to a radiator while
Nedyalko was allegedly beaten twice by an officer in order to obtain a
confession. Martin was ordered to return the next day, and did so in the
company of his mother, Valentina Zagorova. She was reportedly forbidden
entry, and when she contested this, the station commander allegedly beat her
and threw her across the room, breaking her hand.
37. Borislav Nedev and Georgi Yorgandzhiev, both police officers, were
reportedly arrested on 4 October 1996 in Stara Zagora and beaten with
truncheons on the premises of the Regional Directorate for Internal Affairs.
38. On 7 December 1996, Detelin Apostolov and his brother-in-law,
Kiril Nikolov, were allegedly beaten with truncheons and kicked all over
their bodies at the former's house in Drumohar, Kyustendil region, by police
officers of the Sofia Department of Internal Affairs.
Follow-up to allegations and replies first considered in 1996
39. In his letter of 11 July 1997, the Special Rapporteur requested further
information on the outcome of investigations and any developments in the cases
dealt with in 1996 concerning the following persons: Ilya Dimitrov
Gherginova, Gancho Stefanov, Vasil Vasilev, Desislav Pavlov, Assen Ivanov,
Dimitur Velev, Velislav Dobrev, Kiril Yordanov, and Lybcho Terziev.
E/cN.4/1998/38/Add. 1
page 11
Burundi
40. On 8 April 1997, the Special Rapporteur sent an urgent appeal to the
Government on behalf of the Reverend Eliezer Ntunzwenimana of the Union of
Baptist Churches of Burundi, who was allegedly arrested on or about
15 March 1997 in the parish of Rohero, Bujumbura, on the charge of having
provided medical care to members of armed Hutu groups. He is said to be
incapable of walking without crutches as a result of the torture to which he
was allegedly subjected at the Special Investigations Brigade (BSR) in
Buj umbura
41. On 28 April 1997, the Special Rapporteur sent an urgent appeal to the
Government on behalf of a group comprising the following persons:
Commandant Ndabacekure, an army officer; Captain Nziyimana, an army officer;
Isaac Nitereka, an engineer and member of the Executive Committee of the Party
for National Recovery (PARENA); Alexis Simbavimbere, a member of PARENA;
Laurent Bimenyumuremyi, a deputy and representative of PARENA at Gitega;
Emmanuel Manzi, Rwandan, a former member of the Rwandan Patriotic Front;
Isidore Rufyikiri and Lt.-Col. Pascal Ntako, members of PARENA; Jean Paul
Bizimana; and Léonidas Ntakaye, a member of PARENA's executive committee.
They were allegedly arrested around 8 March 1997 on suspicion of having
participated in a series of mine explosions at Bujumbura as well as a plot to
assassinate the President, Major Buyoya. Most of them are said to have been
detained initially in the National Intelligence Documentation Service at
Bujumbura and then transferred to other places of detention outside the
capital. It was also reported that all these persons were tortured and not
allowed to receive visits from their families or lawyers.
42. On 29 May 1997, the Special Rapporteur sent another urgent appeal to the
Government, this time on behalf of the 11 following persons who had allegedly
been arrested between 8 and 26 April in various towns in connection with a
series of mine explosions at Bujumbura: Djamali Nsabimana,
Faidi Vyankandondera, Djamali Nzeyimana, Joseph Kamwenubusa,
Arthur Nyankawindemera, Haruna Nyankawindemera, Hamisi Ramazani, Buyoya and
Saldo Habonimana, Yahya Hamisi and Hamadi Haruna.
43. On 12 June 1997, the Special Rapporteur, together with the Special
Rapporteur on the situation of human rights in Burundi, sent a second urgent
appeal to the Government in connection with the 10 persons on behalf of whom
he had already appealed on 28 April 1997. According to new information
received, they had all been tortured. One of them, Pascal Ntako, allegedly
died after being refused medical care and Isidore Rufykiri was said to be in
the military hospital of Bujumbura. Moreover, no news had been obtained of
Laurent Bimenyumuremyi since he was last seen with a head injury, a week after
his arrest, at the headquarters of the National Documentation Service at
Buj umbura
Cameroon
44. In a letter dated 1 July 1997, the Special Rapporteur transmitted to the
Government the following cases, to which the Government replied on
5 September 1997.
E/CN. 4/1998/38/Add.1
page 12
45. Roger Alexis Wamba, Armand Mbe and Blaise Ngoune were allegedly arrested
at the University of Yaoundé on 27 October 1996, accused of provoking unrest
at the university. Initially they were allegedly detained overnight at the
university where they were deprived of their clothes and beaten with sticks on
their buttocks and the soles of their feet. In its reply, the Government
confirmed the information concerning the arrest and charge of the above
persons but said nothing about the alleged treatment to which they had been
subjected.
46. Pa Mathias Gwei, Samuel Tita and Zacharia Khan were allegedly arrested
and tortured as a result of violent incidents that occurred in the North-West
Province in late March 1997. The first two were allegedly denied medical care
and died as a result of torture and Zacharia Khan was said to have been
severely beaten at the time of his arrest and shot in the thigh. The
Government confirmed the arrests of Pa Mathias Gwei, Samuel Tita and
Zacharia Khan. It stated that all three had received medical care but that
Pa Mathias Gwei and Samuel Tita had died and Zacharia Khan, although
improving, was allegedly still not in a state to undergo the questioning
necessary to charge him.
Urgent appeals
47. On 15 May 1997, the Special Rapporteur sent an urgent appeal to the
Government on behalf of a group of about 200 persons, most of whom were said
to be members or sympathizers of the Social Democratic Front (SDF) opposition
party, who had allegedly been arrested as a result of the same incidents as
Pa Mathias Gwei, Samuel Tita and Zacharia Khan, referred to above. A large
number of detainees (including Joseph Jthongwi, Simon Achu, Gregory Afenji and
Edet Che Ndingsah) had allegedly been denied any contact with their families,
lawyers and doctors, despite the fact that some of them had allegedly been
injured at the time of their arrest, such as Martin Chenwie, Thomas Fonkwa,
Peter Nyamka Niba, Wilson Che Niba, Wilfred Angwafor Nji and Paul Tibit Toka.
It was said that many of them were tortured at the time of their arrest and
that one at least, also identified by the Special Rapporteur in his letter of
1 July as Samuel Tita, allegedly died under torture.
48. On 11 November 1997, the Special Rapporteur transmitted an urgent appeal
on behalf of Justin Pokam, Thomas Seme, Konga Philip Kuate, Victoria Musong,
Grégoire Diboule, Oliver Finya, Wavie Asago, Richard Nyieka, Stephen Aka, and
Julius Mbenya, all members or supporters of the SDF, who were arrested between
6 and 29 October 1997 in the context of elections. Justin Pokam and
Thomas Seme were both allegedly severely beaten in a police station in
Yaoundé, while Oliver Finya, Wavie Asago, Richard Nyieka, Stephen Aka, and
Julius Mbenya were all reportedly kept in especially harsh detention
conditions and subjected to ill-treatment.
Chad
49. In a letter of 26 May 1997, the Special Rapporteur transmitted the
following cases to the Government.
50. Edmond MbaIhornom was arrested in March 1995 at Moundou, Western Logone,
after pamphlets of the Armed Forces for the Federal Republic opposition group
E/cN.4/1998/38/Add. 1
page 13
were found in his home. In the course of his detention, he was allegedly
placed in a cell called “the oven” because of the high temperature prevailing
inside. On the second day, when he was being questioned, soldiers allegedly
bound him hand and foot, threw him to the ground and kicked him with their
boots; it is also said that they covered his face and poured water into his
eyes and nose. Subsequently, he was allegedly forced to state on national
radio that he had never been tortured.
51. Ndoyo Ambroise, chauffeur with the Méridien Biao Bank of Moundou,
allegedly died in April 1995 as a result of injuries inflicted by a
gendarmerie patrol which allegedly ordered him to stop when he was driving his
car. According to the death certificate, he died of head injuries as a result
of beating. It is said that although the family lodged a complaint with the
Government Procurator of Moundou no legal action was taken.
52. Agboudja Hissein, from the village of Djoubjourmalak at Ati, in the
Batha prefecture, in the centre of the country, allegedly died as a result of
his injuries after having been violently beaten by the security forces in
April 1995. Soldiers in the town of Ati allegedly beat Zakaria Daoud, as a
result of which he died.
53. Ahmat Bougui Breme was allegedly beaten by security forces at Oumhadjer,
in the Batha prefecture, in May 1995, because he refused to provide two
soldiers with water free of charge. He allegedly died a few hours later.
54. Ndobi Abel was one of a group of persons arrested in August 1995 by
soldiers in Kou-Douhou village in Western Logone. It was said that he was
taken to a secret place of detention where he was tortured. He was
subsequently taken to Moundou hospital for treatment and died the following
day.
55. MbaItarem Nasson allegedly died after being tortured in August 1995 when
he was detained by gendarmes at Moundou. He was reportedly forced to drink a
large amount of water, tied to a tree, nails hammered into his head and then
shot to death. Two other detainees, of whom one was Nguétigal Phil, were
allegedly found dead in similar circumstances. The gendarmes responsible were
not sanctioned in any way.
56. Belkoum Odette, accused of stealing bracelets and detained for
over 10 days at the Béboto Brigade, Eastern Logone, was allegedly removed from
her cell during the night of 25 to 26 September 1995 and taken by the police
to her home where she died shortly afterwards as a result of ill-treatment.
In order to obtain her confession, she had allegedly been forced to drink a
large amount of water after which she was beaten and her nipples were burnt.
Her daughter of 15 was allegedly tied in the arbatachar method and raped. It
is said that the soldier primarily responsible for the death of Belkoum Odette
and the rape of her daughter was arrested but escaped from prison and resumed
his active service.
57. Mahamat Dare and Mahamat Sokou, accused of belonging to the Movement for
Democracy and Development, were allegedly arrested at Moundou in 1995.
Several weeks later they were transferred to Faya Largeau, where they died in
November 1995. Throughout their detention they were allegedly subjected to
E/CN. 4/1998/38/Add.1
page 14
various forms of torture. For example, they were allegedly beaten with
electric wire and placed in cells where the temperature was extremely high.
58. Ali Adoum lounouss, a student at N'Djamena, was allegedly arrested with
his father, lounouss Adoum Faki, in December 1995 at Jthéché (Quaddai)
Ali Adoum lounouss was allegedly questioned at N'Djamena concerning his
father's political activities and tortured by having a nail introduced into
his urethra.
59. MbaIlassem Gédéon, arrested on 9 March 1996 by the gendarmes of the
Moundou rural subprefecture on suspicion of being a member of the opposition,
was later found dead in the premises of the Investigations Brigade. The
Government Procurator of Moundou allegedly informed his superiors that
MbaIlassem Gédéon had died of suffocation owing to the heat in a crowded cell
intended only for eight persons. No judicial inquiry was initiated.
60. Mahamat Ahmat Hanat, alias Atroon, was allegedly arrested in
November 1996 in connection with a civil case and tortured to death at the
Fourth District police station in N'Djamena. The police then allegedly left
his body in the morgue of the central hospital without any explanation.
61. Collective cases have also been reported. For example, in August 1995,
dozens of soldiers in several vehicles allegedly beat the inhabitants of
Karyo-Ba with rifle butts and sticks, causing serious injuries, particularly
to two persons, Enoch Najibi and Moudjiba Enoch.
62. In August 1996 a group of students was allegedly arrested at the
University of N'Djamena. It is reported that several of them were stripped,
forced to lie on the ground where they were beaten and subjected to mock
executions. One of them, Faustin Togobé, allegedly suffered abdominal
injuries which required 18 stitches.
Urgent appeals
63. On 7 January 1997 the Special Rapporteur sent an urgent appeal to the
Government concerning Nestor MbaIlo, Vincent Mbamnaissem, Grégoire Boltoungar,
Fleuri Negadjingum, Emmanuel Maladjim, Blaise MbaIdoual, Polinaire Mbaodji and
Raymond MbaIlassem. These persons were allegedly arrested in August and
September 1996 in Western Logone, in the southern part of the country, by
members of the security forces who accused them of belonging to an armed
group. Some of them were allegedly tortured and denied medical care.
Chile
64. On 22 September 1997 the Special Rapporteur transmitted the
following 12 cases to the Government.
65. Julio Esperguel Santander was allegedly beaten by two motorized police
officers ( carabineros ) on 31 December 1995 after refusing to show his papers;
the Forensic Medical Service reportedly found him to have serious injuries.
Juan Contreras was detained on 14 April 1996 by officers of the Pomaire police
station, Santiago, who allegedly punched and kicked him; as a result of the
beatings, which were reportedly confirmed at the San José de Melipilla
E/cN.4/1998/38/Add. 1
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hospital, he is said to have had difficulty in walking for several days.
Elvis Valdés Henriquez was detained at midnight on 16 February 1996 by
investigating officials carrying out an anti-drugs operation, who apparently
mistook him for someone they were trying to find; the police officers
allegedly searched his mother's house and beat her, as well as the invalid
Rodrigo Valdés Henriquez; after being transferred to the Renca district he was
allegedly insulted and beaten, and had to be taken to the Colina treatment
centre, where he was reportedly found to have various injuries.
Agustin Figueroa Sepülveda was detained together with a friend on
10 August 1996 by police officers who took them to the thirtieth police
station in Santiago; there they reportedly punched and kicked him for about an
hour, as a result of which Mr. Figueroa sustained a broken nose; he was also
reportedly burnt on the back with cigarettes; he was taken to the fourth
public assistance centre, where the injuries were confirmed. Aridrés Meléndez
Smnchez was detained in Santiago on 11 September 1996 as he was returning from
work by police officers who reportedly threw him to the ground and punched and
kicked him; he was then put into a van with other persons and taken to the
fourth public assistance centre; the doctor put three stitches in a face wound
and three other stitches in a wound in the head, furthermore noting a fracture
of the right arm and bruises on the right shoulder and the ankles. Patricio
Gana Valdés was detained on 24 September by police officers from the
forty-second police station in Santiago; he was moved to the forty-first
police station, where he was allegedly beaten repeatedly with a stick on the
head and body; several days later his family took him to the Sôtero del Rio
hospital with serious injuries. Peter Carter Zamorano was arrested on
30 September 1996 by two policemen from the fifth police station in Santiago,
as he was sleeping in his car, and charged with driving while drunk; on the
police premises he was allegedly punched and kicked by three or more officers;
he was also allegedly handcuffed to a post, picked up by his feet and dumped
violently on the ground. Vicente Melipil Barrera, aged 16, was detained on
11 October 1996 in Santiago while he was drinking beer in a car together with
a friend; after taking the two persons into custody, the policemen reportedly
kicked and beat them violently with a stick. Rigoberto Antonio Mallias Diaz
joined the Cerrillos air force unit to carry out his compulsory military
service in October 1996; in December of the same year, accused of having
inadequately performed a military manoeuvre, he was reportedly blindfolded and
subjected to continued beatings, together with various fellow servicemen; they
were also allegedly obliged to lie down and make a “carpet”; i.e. once they
were lying on the ground, non-commissioned officers allegedly came and trod on
them. Richard Bustos SuIrez was reportedly beaten on 2 January 1997 by police
officers from the seventh police station in Santiago; he had gone to the
station to make a statement about having been shot in the leg the previous day
by policemen during an operation near his home. Marco Andrade Smnchez, an
inmate at the high security prison, was reportedly beaten on 17 January 1997
by officers of the Special Police Counter-insurgency Unit; as a result he
allegedly sustained, inter alia , an injury on the right eyebrow and a strained
and dislocated left shoulder. Francisco Alberto Soto PIvez, a resident of the
village of San Pablo, Pudahuel commune, was reportedly assaulted in the early
hours of the morning of 30 April 1997 by officers from the Pudahuel North
police station; as a result of the assault, witnessed by members of his
family, he was admitted as an emergency case to the Brain Surgery Hospital.
E/CN. 4/1998/38/Add.1
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Urgent appeals
66. On 25 April 1997 the Special Rapporteur sent an urgent appeal on behalf
of Johnny Perez Torres, Aridrés Serrano Leiva, Dagoberto Contreras Llanes and
Guillermo Saavedra Aguilera. These four 19-year-old conscripts were
reportedly arrested in early April 1997 and accused of involvement in the
murder of another conscript, whose body had been found three months after his
disappearance. A deputy reportedly announced publicly that the four had been
beaten, deprived of sleep and threatened by members of the army to make them
confess to having participated in the crime.
China
67. On 27 January 1997, the Special Rapporteur transmitted the cases
summarized in the paragraphs below.
68. A group of 14 Roman Catholics from Xiao County, Anhui province, were
reportedly detained on 5 April 1996 while visiting local authorities to
petition for the return of confiscated Church property. They were reportedly
arrested by police officers, who allegedly beat the petitioners, causing some
to lose consciousness. Zhou Guang'e, a woman in her 60s, Liu Fengxia,
Dong limin and Zhang Zhonxiao were said to have been beaten for refusing to
acknowledge being involved in an illegal religion. Zhou Guang'e's hair was
allegedly pulled out.
69. Chen Longde was reportedly detained on 28 May 1996 in Zhejiang province
for political activities considered to “endanger national security” . He was
subsequently assigned a three-year term of re-education through labour at
Luoshan labour camp. Due to his refusal to acknowledge guilt and submission
to the law in writing, a senior prison officer in the camp allegedly kicked,
punched and beat him with an electric truncheon. A group of officers
reportedly subjected him to a further series of kicks and beatings.
Fellow-prisoners were said to have been offered reductions in their sentences
if they succeeded in extracting the required report from him through beatings.
To avoid further beatings, Chen Longde reportedly jumped from a third-storey
window and was hospitalized with serious injuries.
70. The Special Rapporteur also transmitted the following cases from Tibet.
71. Tashi Dawa, a 17-year-old student at Dhanak Lomthen High School in
Dranang, and a classmate, Nima, were reportedly reprimanded by police in
December 1992, for stating that Tibet was not a province of China and
demanding more Tibetan teachers. Following their expulsion from school,
together with 31 other students who had joined their protest, police officers
reportedly took the students to a storeroom. There, they allegedly branded
Dawa, Nima and a third student on the bridge of the nose with a hot iron rod.
Dawa and Nima were then reportedly taken to Lokha prison and held for three
months, during which they were said to have been beaten regularly. Nima
allegedly sustained a broken leg and Dawa was said to have been beaten with
rifle butts on the head.
72. Lama Kyap, teacher at a school in Siling which emphasizes Tibetan
language and culture, was reportedly arrested one month after the school had
E/cN.4/1998/38/Add. 1
page 17
been opened with official permission in June 1993. He was allegedly detained
for 32 days at Qinghai Hu Zhu district prison. During his detention, he was
said to have been repeatedly interrogated as to whether the school had
received funding and instructions from the Tibetan “Government in exile” in
India. He was allegedly severely beaten, kicked, pressed for one half-hour
with electric cattle prods, and struck repeatedly with rods on his head. His
airtight room was reportedly sprayed with insecticide, forcing him to inhale
the chemical for two days and causing sores in his throat. Following his
release he was reportedly hospitalized for 2 months.
73. Tsering loudon, a 16-year-old girl, was reportedly arrested at her home
in Lhuntse on 29 February 1994, following the arrest of the headmaster of her
school. While interrogated at the police station as to whether the headmaster
had taught her to demand independence for Tibet, a hot iron was allegedly
placed firmly on her leg and left there for five minutes. She was reportedly
also thrown against a desk, resulting in injuries to the head, and kicked in
the stomach.
74. Thubten Tsering, a teacher who protested in March 1994 to the
authorities in Meldrogongkar that students were not receiving sufficient
instruction in the Tibetan language and led a demonstration for this purpose,
was reportedly arrested together with 60 other demonstrators. He was
reportedly detained for six months, with his hands and feet shackled, at the
prison in Meldrogongkar. He was said to have been beaten every other day.
For a substantial portion of his detention he was reportedly held in a
concrete box the size of a coffin. He was reportedly released without having
been taken to court and was forbidden from resuming his teaching duties.
75. Tenzin Yangzom, a nun, was reportedly arrested on 10 June 1994 after she
had affixed a poster declaring Tibetan independence and a Tibetan flag to the
main government building in Lhoka district. At the Tsethang Detention Centre,
a police officer allegedly pushed her onto large, jagged stones. For five
months she was reportedly kept in a cell smeared with faeces and urine.
During the weekly interrogation she was allegedly beaten and shocked
repeatedly with cattle prods to her stomach, breasts, back, face and arms.
She was also allegedly punched and kicked and trampled upon with boots. After
the five months, she was reportedly convicted at Tsethang People's High Court
of being a “counter-revolutionary” and was sentenced to a three-year prison
term. She was reportedly released for medical reasons, but forbidden to
resume her life as a nun.
Urgent appeals sent and replies received
76. On 6 June 1997, the Special Rapporteur transmitted an urgent appeal on
behalf of Liu Nianchun, Zhou Guoqiang and Gao Feng, detained at Shuanghe
labour camp, who had allegedly embarked on hunger strikes in protest at
extensions of their sentences. Liu Nianchun had allegedly been held in
solitary confinement and subjected to electric shocks and deprivation of water
as punishment for his hunger strike. He was said to be suffering from
gastrointestinal problems, an enlarged lymph node, rectal bleeding, festering
jaw sores and high blood pressure and was allegedly denied adequate medical
treatment. Zhou Guoqiang, who reportedly suffered from tuberculosis, heart
problems and nephritis, was also said to have been denied adequate medical
E/CN. 4/1998/38/Add.1
page 18
attention. In the same urgent appeal the Special Rapporteur addressed the
case of lao Zhenxiang and lao Zhenxian, two brothers detained at the Dafeng
penal farm in Jiangsu province near Shanghai, who had been arrested in
April 1996. They had allegedly been beaten severely, were said to be in poor
health and denied adequate treatment. Access to their family had reportedly
been denied since October 1996. In its reply of 23 July 1997, the Government
acknowledged the detention of the above-mentioned persons. It stated that
Liu Nianchun and Zhou Guoqiang had both been committed to three-years of
re-education at Shuanghe rehabilitation centre in Beijing for “instigating
social disorder”. In the case of Zhou Guoqiang this period had been prolonged
by one year because he committed a serious infringement of the centre's
regulations. Gao Feng was given two years and six months of re-education at
the same centre for “causing social disturbance”. The Government denied
allegations that any of them had been mistreated or refused medical care.
Liu Nianchun had complained of illness but was given medical attention and
Zhou Guoqiang enjoyed normal health. Regarding lao Zhenxiang and lao
Zhenxian, the Government stated that they had been committed to respectively
three and two years of re-education through labour at No. 1 rehabilitation
centre in Shanghai for “reproducing and distributing pornography”. The
Government assured the Special Rapporteur that they never suffered beating,
could be visited by their families according to the regulations, and were
given regular medical check-ups and on various occasions given leave to seek
medical treatment in a hospital. According to the Government, they both
enjoyed normal health at the time of reply.
77. On 30 June 1997, the Special Rapporteur sent an urgent appeal concerning
Wei Jingsheng in Jile No. 1 prison, Tangshan, Hebei province, on whose behalf
previous urgent appeals had been made by the Working Group on Arbitrary
Detention in conjunction with the Special Rapporteurs on the independence of
judges and lawyers and on freedom of opinion and expression. He had
reportedly been subjected to repeated beatings by other inmates during which
prison guards allegedly looked on without intervening. The main instigator of
the beatings was said to have been awarded a reduction of sentence by the
prison authorities. Wei Jingsheng was reportedly punished by denial of
appropriate medical care although said to be suffering from a heart condition,
high blood pressure, arthritis and damage to his cervical vertebrae. In its
reply of 28 July 1997, the Government stated that Wei Jingsheng had barged
into the prison storage room without permission on 29 May 1997 and physically
assaulted the storage room clerk, a fellow prisoner. The latter did not fight
back, but Wei was restrained by the guard on duty. The prison authorities
took no action against Wei as he had admitted fault and promised not to behave
like this again. The Government further assured the Special Rapporteur that
his state of health was quite normal. Allegations that he had been beaten,
suffered ill-health and had been denied medical treatment were unfounded.
78. On 7 October 1997 the Special Rapporteur transmitted an urgent appeal on
behalf of Jampel Tendar, a Buddhist monk from Gongkar Choede monastery, near
Lhasa, Tibet Autonomous Region. He was allegedly arrested in June 1997 after
having declared his support for the Dalai Lama and detained at a detention
centre in Tsethang and the Gutsa detention centre. He was said to have been
beaten during arrest and in detention.
E/cN.4/1998/38/Add. 1
page 19
Colombia
79. On 20 January 1997 the Government replied with respect to the case of
Jairo Garavito Tirado, transmitted by the Special Rapporteur in 1996. This
person was allegedly tortured by members of a paramilitary group that had
reportedly captured him in May 1995 in Betulia, Santander. The Government
indicated that an investigation into this case had been opened and that the
competent prosecutor had ordered the submission of evidence.
Cuba
80. On 22 September 1997 the Special Rapporteur advised the Government that
he had received information about the following cases.
81. Adolfo Dunmn Figueredo, an inmate at the Camagüey Kilo 8 prison, was
reportedly beaten on 21 April 1997 by a guard from ward No. 6. The beating
allegedly resulted in a fracture of the left cheekbone, requiring him to be
placed in the prison medical centre. Another inmate of the same prison,
Victor Gômez Diaz, was also reportedly tortured by guards on S May, causing
him a head injury, a sprained left wrist and numerous bruises.
82. LIzaro Garcia Menocal, an inmate at the Agüica prison, Matanzas,
allegedly received a beating on 27 February 1997 when a letter addressed to
the President of the National Assembly denouncing abuses against prisoners was
confiscated from him during a search of his cell. It is further reported that
he was confined to a punishment cell and that visits from his family were
suspended.
C yp r us
83. By letter of 10 July 1997, the Special Rapporteur brought to the
Government's attention allegations concerning Necip Sariçiçekli, who was
reportedly arrested on 8 March 1997 in southern Cyprus on charges of
espionage. While in custody, seven police officers allegedly severely beat
him and threatened to kill him and his children. He is reported to have
suffered a 5 centimetre bruise, consistent with impact from a blunt
instrument, and multiple bruises and abrasions. In the Government's reply
of 3 November 1997, it was said that force proportionate to the circumstances
was used to restrain the accused at the time of arrest, but denied that he was
in any way ill-treated while in custody.
Information received from Government concerning cases included in previous
reports
84. In the case of Erkan E*mez, who was reportedly detained and subjected to
extensive beatings and other forms of ill-treatment by police in October 1995,
the Government replied that, following receipt of a United Nations medical
officer's report on the subject, the Attorney-General of the Republic decided
to suspend criminal proceedings against E mez and to open an independent
investigation of his complaints. In response to the complaint, the Ombudsman,
who is the person legally empowered to investigate complaints of maltreatment
by the police, produced a report in which he found that the facts complained
of violated human rights and might constitute a criminal offence. Although
E/CN. 4/1998/38/Add.1
page 20
the Attorney-General of the Republic declared himself prepared to take
criminal action against the perpetrators, this could not proceed without
Erkan E*mez's testimony which he was refusing to give. Complaints had,
however, been submitted by him to the European Commission on Human Rights and
the European Committee for the Prevention of Torture.
Democratic Republic of the Congo
85. On 19 September 1997, the Special Rapporteur, together with the
Special Rapporteur on the situation of human rights in the Democratic Republic
of the Congo, sent an urgent appeal to the Government on behalf of Didi Mwati
Bulambo, Kylosho Kyalondawa and Donatien Mazombi Mutekulwa, members of the
non-governmental organization Action Group for the Development of Human
Rights, who were arrested at Kamituga in August.
86. On 28 November 1997, the Special Rapporteur, in conjunction with the
Special Rapporteur on the situation of human rights in the Democratic Republic
of the Congo, sent an urgent appeal on behalf of Ingele Ifoto, Elia Ona Bobo,
Justin Kapempe, Kalinga Metre, Jean Pierre Ngoma, Rene Ndjoli Ngoma,
Joseph Ngoma, Jean Marie Lukundji, Marccel Ngoy Na Ngoyi and Atoba John,
members of the political party Forces du Futur, who were allegedly arrested
on 25 November 1997. According to reports, they were brought to the
gendarmerie headquarters in Kinshasa, where they were all beaten.
D i ibouti
87. On 2 October 1997 the Special Rapporteur sent an urgent appeal to the
Government on behalf of Mohamed Kadamy loussouf, a member of the Front for the
Restoration of Unity and Democracy (FRtJD) opposition movement, his wife
Aicha Dabale Ahmed, Ali Mohamed Maki Houmed, Mohamed Daoud Chehem and
Kamil Mohamed Ahmed, also members of FRUD. These persons, belonging to the
Afar ethnic group, were allegedly arrested in Ethiopia on 26 September 1997
and handed over to the Djibouti authorities the following day. Since then
they have been detained incommunicado at a detention centre in the capital.
Ecuador
88. By letter of 9 December 1996 the Government referred to a series of
cases transmitted by the Special Rapporteur in 1995 concerning Peruvian
citizens reportedly arrested and tortured by Ecuadorian authorities
(E/CN.4/1995/34, paras. 167-171) . According to this reply, of the Peruvian
citizens mentioned by the Special Rapporteur only Camacho Panta Céspedes,
Luis Enrique Adanaque Camacho and Alonso Saba Morales had been arrested.
Urgent appeals
89. On 21 March 1997 the Special Rapporteur sent an urgent appeal concerning
the situation in the Garcia Morena prison, Quito. According to information
received, in the night of 17 March 1997 a group of prisoners, including
Lincoln Polit, Luis Lavalle, Francisco Smnchez, Roberto Agustin Garcia,
Jaime Martinez and Arturo Bermüdez, were seriously ill-treated after beginning
a peaceful hunger strike to urge the authorities to honour certain agreements
that had been reached. On the above-mentioned date several hooded members of
E/cN.4/1998/38/Add. 1
page 21
the National Police allegedly beat the prisoners with batons and pipes and
fired pellets at them, causing various injuries. The prisoners had reportedly
expressed fears that such actions might be repeated.
Eg ypt
90. By letter dated 28 April 1997 the Special Rapporteur transmitted to the
Government information on the cases summarized below.
91. Ashraf ‘Uwais Sulayman was reportedly arrested on 9 July 1994 in the
“Ahnassia Case” involving alleged members of al-Gama'a al Islamiya. At the
State Security Investigations (SSI) branch in Bani Sueif, he was allegedly
blindfolded, handcuffed, punched in the face, kicked and repeatedly subjected
to electric shocks. A forensic medical examination revealed several trauma
injuries. Ten other persons in the case had allegedly been acquitted on a
court ruling that their confessions had been extracted under torture.
92. Mohammad Mohammad Ibraheem Toaima was reportedly arrested
on 20 December 1994 on suspicion of involvement in al-Gama'a al-Islamiya.
At the SSI headquarters in Shubra he was allegedly subjected to suspension
from the wrists, resulting in a dislocated left arm.
93. Abdel-Lateef Idris Ismail was reportedly detained at Heliopolis police
station on 25 March 1995 accused of stealing a tape recorder from his work.
Three named officers allegedly stripped him, suspended him by the feet from
the ceiling fan and applied electric shocks. As a result, he reportedly
suffered paralysis of the left arm and foot, inability to speak, hysteria and
burns on the back.
94. Kamal Ibraheem Hamed was reportedly arrested on 10 April 1995 and held
until 16 April in Ittsa police station in Fayyom. Two identified police
officers allegedly beat him, placed an electric cable on his back, stripped
and bound him in a steel contraption.
95. Mohammed Ahmad Mustapha, Jaber Ahmad Mustapha, loussef Abdu loussef and
Atef Abdalla Razeq were reportedly arrested in Port Said on 27 May 1995,
suspected of having set fire to an effigy of [ British Marshall Allenby. At
Al-Dawahi police station they were allegedly beaten with sticks and lashes and
had buckets of cold water poured over them. Beatings were said to have
continued at the Criminal Investigations Unit.
96. Hanem Ahmad Mahmoud Shehata Al-Sutuhi (female), arrested
on 16 August 1995, and Abdel-Megeid Al-Tohami Al-Issawi were both reportedly
tortured in police custody by identified officers on suspicion of involvement
in a killing in Meet-Ghamr. Hanem was allegedly subjected to electric shocks
and beatings with a stick to coerce a confession. Abdel Megeid was allegedly
slapped in the face, had his hands tied behind his back, was forced to sleep
face-down and beaten with bamboo sticks on his feet.
97. Mohsen Saeed Abu Zeid, a driver, was allegedly subjected to severe
beatings on 23 October 1995 at the Jthassiyya bridge in Cairo by identified
officials of the Special Guard and the Police. The beatings, which were
allegedly inflicted by fists, kicking and the butt of a gun, were said to have
E/CN. 4/1998/38/Add.1
page 22
lasted for four hours. When Mohsen Saeed Abu Zeid registered a complaint at
Wayli police station, he was allegedly threatened with detention as a
reprisal.
98. Mohammad Wagdi Mohammad Durra was reportedly arrested and tortured at
the SSI building in Tanta on three occasions between January 1995 and
October 1996 following his conversion from Islam to Christianity. He was
allegedly subjected to electric shocks, beatings, suspension by the wrists and
left in his underclothes for prolonged periods. His interrogators reportedly
tried to obtain from him information about other converts.
99. Some 100 prisoners at the high security prison in Cairo were reportedly
subjected to collective punishment by flogging on 17 June 1996, after a watch
had been discovered in one inmate's cell and part of a ball-point pen had been
found in another cell. They were allegedly stripped and flogged with whips on
their backs and feet. Among the prisoners were reportedly: Safwat Ahmad
Hassan Abdel Ghani, Muhammad Sa'eed Atiyya, Nabeel Abdel Fattah, Amal Abdel
Wahab Hassan, Nasir Shaaban Sadiq, Badr Muhammad Metwally, Magdi Ahmad
Mahmoud, Abdel Meguid Ali Ahmad, Hosam Muhammad Khamees, Ahmad Farghaly
Mubarak, Jthwar Okasha, Ahmad Abdo S'leem, Ahmad El-Sayed, Salaheddin Mohy
Sayed, Ahmad Abdel Fattah, Alaa' Hamed, Ahmed Shehata Abdel ‘Al, Mahmood
Uthman, Salah Hussein Ibrahim Sabra, Abdel Hady Zeidam, Hisham Abdel Zaher
Abdel Rahman, Muhammad Ibrahim Ibrahim, Abdallah Abdel Quddoos, Hamdi Muhammad
Kamil, Sayed Farag Muhammad Farag, Abdallah Hussein Abul'Ela, Hudhayf a Ahmad
Abdel Moety, Mohey Ali Abdel Hamid, Hani El-Shazli, Mokhtar Ahmad Hassan
Hamza, Hilmy Okasha, Muhammad Mu'awad, Atef Abdel Gawad, Ahmad Ibrahim Khalil,
Mohy Abdel Aziz, Gamal Uthman, Atef Shehata Abdel ‘Al, Ragab Abdel Ra'ouf
Khalil, Hisham Ahmad Qassem, and Mustafa Muhammad Mahmoud.
Information received from the Government on cases included in previous reports
100. On 5 March 1997, the Government replied to a number of cases transmitted
in previous years (see E/CN.4/1996/35/Add.1, paras. 182-210 and
E/CN.4/1997/7/Add.1, paras. 124-142). The replies are summarized in the
following paragraphs.
101. With respect to the following 14 persons, allegedly subjected to
torture, the Government stated that the Assistant Attorney-General's Office
for Human Rights had sent several summonses to them, but that none of them
answered those summonses. In order to complete the investigations, the
Government requested updated information concerning the places of residence
of: Gamil Hassan Metwalli Sayyid, Mustafa Sadiq Ibrahim Ibrahim Musa, Ashraf
Abul Hassan Ibrahim Qasim, Muhamad Alawi Ali Abdul Muhaimin, Atiyya Ahmad
Muhammad al-Sayyid, Midhat al-Sayyid Ahmad Hilal, Muhammad Khalaf loussuf
Abdul Rahman Zayid, Ahmad Thabit Farag Muhamad, Atif Gamal Mahmoud Umran, Abul
Magd Hani Sabir Siyam, Khalid Said Mahmoud, Mu'tazz Ali Abdul Karim Abdul
Ghani, Tal'at Fuad Muhammad Qasim and Ahmad Fathi Hafiz al-Dhayit.
102. Regarding 17 of the persons accused in military cases Nos. 18 and 24,
allegedly subjected to torture (Muhammad Samir Ubaid al-Sayyid, Khalid Abdul
Fattah Hassan Mustafa, Khalifa Abdul Azim Abdul Aziz Khalifa, Yahya
Khalafallah Muhammad Ali, Rabi' Ahmad Rikabi Ahmad, Za'id Abdul Sami' Ali
Ammara, Ahmad Shawqi Thabit Abdul Al, Abdul Rahim Abdul Ghaffar Mursi Abdul
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Ba n, Muhammad Gallal Ahmad, Samir al-Sayyid Mahmoud Raihan, Yaseen Abdul
Sattar Yaseen, Gamal Muhammad Abu Zaid Shabib Hilal, Tariq Metwalli al-Iraqi,
Islam Ragab Abdul Hadi Sha'lan, Khalifa Abu Zaid Shabib Hilal, Tariq Metwalli
Ahmad al-Tukhi and Yasir Haggag Ahmad Haggag), the Government replied that the
accused officers had been summoned for questioning, but had denied the
accusations. The victims had stated that they had been subjected to beatings,
but they were unable to identify the persons responsible. The Department of
Public Prosecutions had therefore closed the investigation.
103. With respect to the case of Ramadhan Mahmoud Ahmad, a lawyer who was
allegedly tortured at the Abu Za'bal branch of the 551 in July 1994, the
Government repeated its previous statement that the lawyer had presented a
falsified visit permit when visiting a detained terrorist with the latter's
wife. The Government again replied that the Department of Public Prosecution
had begun an investigation and ordered the lawyer's release, but added that
neither the lawyer nor the woman had lodged a complaint concerning torture.
104. In the case of 51 persons arrested at the village of Zayida, Ousim,
Giza, on S December 1993, many of whom had allegedly been subjected to
torture, the Government replied that nine police officials, who had been found
responsible for abuses in the light of the findings of the investigation by
the Assistant Attorney-General's Office for Human Rights, had been referred to
the Criminal Court. The case was, however, said to have been postponed until
26 May 1997 so that the witnesses could be heard. By letter dated
28 April 1997, the Special Rapporteur requested to be kept informed of
the developments in the case.
105. Concerning the collective case of Abdul Moneim Muhammad Sayyid Ahmad,
Iman Abdul Moneim (13 years old), Muna Muhammad Gad, Ahmad Abdul Moneim
Muhammad (12 years old) and Zain Ahmad Sabir, who were allegedly tortured
during the period 14 to 24 July 1994 at Manshiyat Nasir police station, the
Government stated that the Department of Public Prosecutions, after hearing
the witnesses and considering the forensic medical report, had closed the
investigation on 17 April 1997 due to inadequate evidence.
106. Concerning the case of Fath ul-Bab Abdul Moneim Sha'lan, allegedly
beaten to death, and his son Yasser, allegedly tortured at Helwan police
station in August 1994, the Government replied that the Department of Public
Prosecutions had indicted one of the officers and other persons charged with
using excessive force and causing injury. The Southern Cairo Criminal Court
had on 23 September 1996 instructed the Department of Forensic Medicine to
carry out a medical examination of the victims. No judgement had been handed
down yet. By letter dated 28 April 1997, the Special Rapporteur requested the
Government to be informed of the developments in the case.
107. With respect to the case of Magdi Shadhili Abdul Rahman, who was
allegedly tortured at al-Maaza and Salam police stations in Cairo in March and
June 1993, the Government stated that he had dropped his complaint after being
questioned and that the case had been closed.
108. In the cases of Muhammad Muhammad Abdul Rahman and Khalid Sagr Ibrahim,
both allegedly tortured at Zagazig police station in 1993, the Government
stated that the Department of Public Prosecutions had heard the witnesses
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page 24
and considered the forensic medical reports, but had closed the cases
on 18 November 1993 and 11 May 1994 respectively due to inadequate evidence.
109. With respect to Muhammad Magdi Ibrahim, allegedly tortured at the Giza
Security Directorate in September 1993, the Government replied that three
officers found to have ill-treated the victim had been subjected to
disciplinary action and docked three days' salary each.
110. In the case of Sami Lutfi Abul Magd, allegedly subjected to torture at
Meet Ghamr police station in September 1993, the accused officer had been
found guilty, subjected to disciplinary action and had been transferred to
another police station.
111. Concerning Muhammad Ahmad Munir Shibl, allegedly tortured at 10th
Ramadan police station in April 1994, the Government stated that he had been
sentenced to six months' imprisonment for theft, but that he had not lodged a
complaint in relation to torture.
112. In the cases of Muhammad Mubarak Muwafi and Gamal Mubarak Muwafi, both
allegedly tortured at the Investigations Unit at Qooss police station in
April 1994, the Government replied that the officer had been subjected to
disciplinary action by being docked 10 days' salary.
113. With respect to Ahmad Ismail Ahmad, allegedly tortured at the 2nd
Zagazig police station in November 1993, the Government stated that he was
sentenced to six months' imprisonment for theft. Following his complaint
that he had been tortured, the Department of Public Prosecutions heard the
witnesses and considered the forensic medical report but closed the
investigation due to inadequate evidence.
Urgent appeals
114. The Special Rapporteur transmitted two urgent appeals, on 23 June
and 4 July 1997, on behalf of Hamdein Sabbahi, director of the Al-Watan-Arabi
Information Center, Mohamed Abdu, veterinarian, Hamdi Heikal and Mohamed
Soliman Fayad, both lawyers. All were reportedly arrested on or around
17 June 1997 in connection with their opposition to Law 69 of 1992, regulating
the relation between landowners and tenants of agricultural land. They were
allegedly subjected to torture by security officers at Tora penitentiary. In
the urgent appeal dated 4 July 1997, the Special Rapporteur further raised the
alleged arrest of some 250 farmers on 1 and 2 July in connection with protests
against the agricultural law. At least 150 farmers were reportedly arrested
in al- ‘Attaf in al-Mahalla al-Kubra, after some of them had allegedly set fire
to the Agricultural Association building and warehouses. In Upper Egypt,
95 farmers were said to have been arrested.
Equatorial Guinea
115. The Special Rapporteur sent four urgent appeals to the Government. The
first, dated 21 February 1997, was on behalf of Adamu Amado Gema Zang, a
member of the Progress Party arrested in Cogo in June 1996, allegedly tortured
and sentenced to rigorous imprisonment by a military court. It was also
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reported that Mr. Gema Zang had serious health problems and that in
November 1996 he asked to be examined by a physician, a request that had
still not been granted.
116. The second appeal was sent on 11 July 1997 on behalf of Amancio
Gabriel Nse Angue, Juan Nsogo Mbomio, Nicolls Eko Ndjoli, Pedro Ndong Mabale,
Juan de Mata Ayong, Jesus Abena Evita, Hipôlito Ndong, Manuel Afugu,
Jovino Ovono, Antonio Ndumu Elo, José Maria Alogo and Amancio Abeso, all of
them members of the Convergencia para la Democracia Social Party and residing
in Bata; and Ramôn Abaga Mba, Alberto Ndong Ncogo, Mariano Oyono Ndong,
Pedro Ndong Mba, Santiago Elo Mba, Francisco Mba Abeso, José Nve Elo,
Alejo Sima Oyono and Buenaventura Obiang Nsue, members of the Fuerza Demôcrata
Republicana Party (FDR) . All of these persons were reportedly arrested
without a warrant on 1 July 1997 by police officers in Bata and held
incommunicado. On 18 July 1997 the Government reported that the members of
the Fuerza Demôcrata Republicana group had been arrested for ordinary offences
and not political crimes and that they had been conditionally released
on 8 July. The members of the Convergencia para la Democracia Social Party
had provoked an incident with the owner of the premises they were occupying
without paying the rent, that being the reason why the police had intervened;
however, they had not been deprived of liberty. The Government also stated
that no one could be deprived of his freedom for his political affiliation or
participation in political activities as recognized by law.
117. The third urgent appeal was sent on 22 September 1997 on behalf of
Sinecio Ngua Esono and Francisco Abeso Mba, arrested on 26 August 1997 in
Mongomo, Rio Muni. It is reported that both were members of the FDR and that
they were arrested when Sinecio Ngua returned from Malabo after participating
in a seminar on the independent press. For the first three weeks of detention
they were reportedly kept in a container in the port of Bata, where they were
allegedly severely beaten. On 15 September they are said to have been moved
to the Bata prison, where they were allegedly held incommunicado and without
medical assistance.
118. The fourth urgent appeal, dated 14 November 1997, was made on behalf of
Felipe Ondo Obiang, former parliamentarian and leader of the Fuerza Demôcrata
Republicana, and Guillermo Nguema Ela, former Minister and a member of
the FDR. They were allegedly arrested on 5 November 1997 in Libreville by
Gabonese security forces and transferred the same day to Malabo. They were
reportedly being held incommunicado.
Ethiopia
119. By letters dated 28 April and 17 November 1997, the Special Rapporteur
transmitted the following cases to the Government.
120. Illiyas Mohamed Ibro, a member of the Oromo Liberation Front (OLF), was
reportedly detained on three occasions between 1993 and 1995. During his
second detention in June 1994 at the government army camp in Jijiga, he
was allegedly beaten with electric wire each evening for 15 days. In
January 1995, he was reportedly detained for two months in Harawaja and then
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transferred to Gara Hakim military camp. For a month he allegedly had his arm
tied tightly around his back for some four hours each day, as a result of
which he was said to be permanently unable to extend his arm.
121. Ali Hayder was among some 200 persons reportedly detained from
Makaballo village, Hararge, in late May 1996 by government soldiers and held
in an army camp. There, soldiers allegedly tied his arms tightly behind his
back and bound them to his legs while they rolled him over sharp stones and
beat him with rifles. This treatment was reportedly carried out for some
three hours on several consecutive days. After his family paid a bribe, the
beatings were allegedly limited to the palms of his hands.
122. Gaali Nurreddin Hussein, from Omonada village, Jimma, Illubabor, a
refugee since 1990 in Djibouti, was said to have been voluntarily repatriated
by the Office of the United Nations High Commissioner for Refugees (UNHCR) in
October 1995. Upon his arrival in Dire Dawa, officials reportedly declared
his IJNHCR papers “no good” and accused him of OLF membership. He was
transferred to the second police station in Dire Dawa, where he was allegedly
threatened with a pistol, stripped and whipped, and a container with 1 litres
of water was attached to his testicles. He was reportedly held without food
for 28 days.
123. Abdul Bahar Jthdurahiman, from Chalanko, East Hararge, was reportedly
detained and tortured 10 times from 1992 to 1996, including 8 times at a
secret detention centre at Kumutu military camp, near Chalanko. During his
last detention of six weeks in January and February 1996, he was reportedly
tied and beaten each day and given little food and water. He allegedly had a
plastic rope tied around his neck in a mock hanging and a gun was put to his
head while asked to reveal the whereabouts of OLF members.
124. Tamagne Beyene, an artist, was reportedly detained by plain-clothes
police officers in Addis Ababa on 24 June 1996. He was reportedly
interrogated at an unknown detention centre about his criticism of the
Government. When he did not respond to questions relating to his ethnic
origin, he was allegedly forced to run through a muddy field while being
flogged and pushed into the mud over the course of 1 hour and 40 minutes. He
was also said to have been beaten with a metal piece, forced to place his feet
upon a chair with his hands on the ground, after which the officer allegedly
jumped upon his back, threw him to the ground and beat him with a stick.
Furthermore, he was allegedly forced to perform various physical exercises
while being beaten, kicked and flogged.
125. Mahmoud Ali Said was reportedly abducted by unidentified security agents
in May 1995 from Birka-Tirtira, on suspicion of having links with the OLF. He
was reported to have been held for 20 months in secret detention during
which he was allegedly tortured, leaving him unable to stand or walk. In
January 1997, he was said to have been transferred to Dire Dawa prison and
later to Shinnilee. Suffering from hepatitis and gastritis, he had allegedly
been denied medical treatment. The Special Rapporteur also made an urgent
appeal on his behalf dated 17 February 1997.
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126. Mustefa Dheko Tufa, a health worker, was reportedly arrested on
two occasions by security forces in Addis Ababa, on 1 July 1992 and
2 March 1997. He is said to have been detained in the former navy camp and
central investigation centre in Addis Ababa, on suspicion of supporting
the OLF. During his detention, he was reportedly subjected to electric
shocks, suspension and beatings with a gun as a result of which he was said to
have lost a toe, to have a disabled left foot and occasional paralysis in his
legs.
127. Dheko Tosa Tufa, a 65-year-old farmer from the village of Rira Dinsho in
Bale province and the father of Mustafa Dheko Tuf a, was reportedly detained by
the army from 18 March until 31 December 1995 and rearrested in May 1997, on
the accusation of supporting the OLF. During his detention at the army
detention centres in Dallo, Goba and Dinsho, he was allegedly subjected to
prolonged suspension, beatings and threats.
Urgent appeals and replies by the Government
128. On 17 February 1997, the Special Rapporteur made an urgent appeal on
behalf of Mahmoud Ali Said, a farmer suspected of OLF involvement, who had
allegedly been subjected to torture and had been denied medical treatment
(see paragraph 125)
129. On 27 March 1997, the Special Rapporteur transmitted an urgent appeal on
behalf of some 200 students of Addis Ababa University who were said to have
been arrested at a peaceful demonstration on 21 March 1997. They were
reportedly held at the Shogele Meda police barracks in Addis Ababa where at
least some of them were reported to have been beaten. On 4 April 1997, the
Government confirmed the arrest of some 200 Addis Ababa University students,
who had tried to stage a demonstration without a permit in contravention of
Proclamation No. 37/1991. The students had been released after submitting a
formal apology. The Government denied allegations of ill-treatment.
130. On 7, 13 and 28 November 1997, the Special Rapporteur made three urgent
appeals on behalf of a group of some 20 prominent members of the Oromo ethnic
group in Addis Ababa, who had allegedly been arrested in the first half of
November 1997. Among those arrested were reportedly Beyene Abdi,
Beyene Belissa, Hussein Jthdi, Haji Sahlu Kebte, Gabissa Lemessa and
Tilahun Hirpasa, all board members of the Human Rights League, as well as
Zewde Chamada, Adam Hassen, Adugna Fitee, Mohamed Wayu, Gadissa Boltossa,
Addisu Beyene and Hailu Tarfassa Tasso. All were allegedly kept in
incommunicado detention, accused of having links with the OLF and of
involvement in bombings in Addis Ababa and other towns. Beyene Belissa, a
disabled man, reportedly had his artificial limb smashed by the police during
his arrest and was refused the use of his walking stick in prison. Some of
them were said to be in poor health.
131. On 24 November 1997, the Government replied to the urgent appeals of 7
and 13 November 1997, confirming the arrest of Beyene Abdi, Beyene Belissa,
Tilahun Hirpassa and Gabissa Lemessa. They had been arrested on the basis
of an arrest warrant issued by the court because of their involvement in
supporting terrorist activities. The Government considered fears of torture
or ill-treatment unfounded and assured the Special Rapporteur that detainees
E/CN. 4/1998/38/Add.1
page 28
were accorded humane treatment and full respect for their person in accordance
with the Ethiopian Constitution and other relevant laws. The four detainees
had also been informed of the reasons for their arrest and their rights and
their case was being processed in line with due process of law.
Information received from the Government with respect to a case included in
last year 's report
132. In its letter dated 29 January 1997, the Government replied to the
urgent appeal dated 8 November 1996 which the Special Rapporteur had made in
conjunction with the Special Rapporteur on extrajudicial, summary or arbitrary
executions, on behalf of a large number of persons detained in 1-lararge
province suspected of supporting the OLF, including detainees reportedly held
in secret detention centres in Deder district and 14 persons who had allegedly
been summarily killed in detention (see E/CN.4/1997/7/Add.1, para. 156)
133. The Government stated that one person had died in a conflict with
the OLF. Regarding another person who had joined the OLF, it could not be
ascertained whether he was dead or alive, but the Government stated that it
had not taken any adverse action against that person. Another person was said
to be in prison in connection with murder charges. One was pending arrest on
a charge of murder. Another person had been arrested in connection with a
murder investigation but had been released when found not to be implicated.
The Government stated that he and two other persons mentioned in the urgent
appeal were alive and leading a normal life. The Government further replied
that the Regional Administration of Oromia had affirmed that there were no
secret detention centres in Deder district, only one prison, one police
station and one police substation in Kobo town. Some of the detainees there
were members of the OLF, but they were detained on charges under the Ethiopian
Penal Code and not for their political persuasion.
Georgia
134. In a letter of 5 February 1997, the Special Rapporteur transmitted to
the Government the following cases.
135. Badri Zarandia (former commander of the town of Zugdidi), and
Gurgen Malania, Gabriel Bendeliani, Karlo Jichonaia, Zviad Sherozia and
Murtaz Gulua, all members of the National Guard loyal to the Parliament ousted
in 1992, were reportedly convicted on 17 June 1996 on charges of murder,
banditry and high treason following lengthy pre-trial detention during which
they were allegedly tortured until they confessed to the charges. The torture
is said to have included: beatings with rifle butts, sticks, truncheons and
chair legs; beatings while hung by the feet, sometimes with a gas mask placed
over the face, with the air supply turned off at intervals; beatings along the
length of the body while tied to a pole placed between a table and a chair;
kicking of the abdomen; needles inserted under the nails; pulling out of
fingernails with pliers; threats made against the family; and having a grenade
placed in the mouth while threats were made to remove the safety pin. In
addition, the injuries received by Badri Zarandia during his arrest in
October 1994 necessitated amputation of his leg following a reported lack
of prompt medical attention.
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page 29
136. Giorgi Korbesashvili was reportedly arrested on 27 June 1995, charged
with attempting to blow up the Vakhusti bridge. At the police station he was
allegedly beaten severely, including with truncheons and chairs and to the
soles of the feet, and had his head smashed against the walls and against
an iron safe. When the officers tried to get him to sit on a bottle, he
attempted suicide by cutting the blood vessels in his right hand. The police
allegedly continued to ill-treat him in hospital. He was transferred to an
isolation cell in Tbilisi police department on 29 June, apparently against the
advice of doctors, where he was allegedly subjected to further beatings,
causing the sutures in his hand to tear and a bicep tendon to be torn. He was
allegedly forced to sign a confession and on 7 July was taken to a temporary
detention cell at the Ministry of Internal Affairs. He allegedly began a
hunger strike, whereupon he was transferred to Tbilisi investigation detention
cell where he reportedly again attempted suicide by cutting his left hand.
After the hand was sutured, on 27 July, he tried to commit suicide once more
by cutting his throat.
Germany
137. By letter dated 17 November 1997, the Special Rapporteur informed the
Government that he had received allegations on the following cases.
138. Abdennour Medjden, a rejected Algerian asylum seeker, was allegedly
subjected to ill-treatment by the Federal Border Protection Police on two
occasions, when they failed to deport him to Algeria from Frankfurt am Main
airport. The first time, in the beginning of 1996, he was allegedly punched
in the face with leather gloves, insulted and threatened with more beatings.
The second time, in June 1996, he was reportedly beaten with his hands and
feet tied and had his head repeatedly hit against the floor until he lost
consciousness. He was allegedly threatened with being beaten to death the
next time. He was reportedly left without any legal or medical care
for 10 days.
139. Sefer Avci, of Turkish origin, was reportedly ill-treated by
plain-clothes police officers during an identity check in Frankfurt am Main
on 13 May 1996. When he asked one of the officers to identify himself, he was
allegedly pushed, kicked, had his arm twisted and was seriously hit before
being handcuffed and arrested. A medical examination was said to have
revealed multiple bruises and abrasions. A penal order for violently
resisting a police identity check was reportedly withdrawn pending
investigations into his complaint of police assault.
140. Sahhaydar and Hatice Yildiz, a couple of Turkish origin residing in
Berlin, were reportedly assaulted at their home on 24 October 1996 by a dozen
police officers. Sahhaydar was said to have been beaten with fists and batons
and a gag was allegedly put over his mouth. He reportedly sustained a
fractured nose, an injured thumb and bruises on the head and ribs. Hatice
was allegedly thrown against a cupboard and dragged over the floor. She
reportedly suffered a fractured nose, multiple bruising and shock. Their
13-year-old son was allegedly slapped on the head and had a gun held to the
back of his head. The prosecuting authorities in Berlin reportedly opened an
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investigation into the alleged ill-treatment of Sahhaydar and Hatice Yildiz.
Jth investigation into allegations that Sahhaydar had resisted police authority
was said to have been dropped.
141. Dr. Waldemar Kalita, a Polish medical doctor, was allegedly ill-treated
by members of the Federal Border Protection Police on the evening of
15 December 1994, while waiting in his car at the border crossing near Guben.
He was allegedly hit in the face and on the head until he fell out of the car,
pushed against the ground, kicked in the stomach and had his hands handcuffed
behind his back. Following a passport check, they reportedly took off his
handcuffs and ordered him to leave. Medical examinations are said to have
revealed bruises and swellings in his face, bruised ribs, abrasions to his
wrists and an injury to his left eye. Investigations into the alleged
ill-treatment were reportedly dropped in the beginning of 1997.
142. Ahmet Delibas, of Turkish origin, was allegedly arrested by police
officers from the town of Hamm, North-Rhine/Westphalia, in October 1995, on
suspicion of involvement in a fight. While sitting handcuffed in the police
car, the police officers reportedly hit him several times in the face and one
allegedly started strangling him with his hand. Medical examination at a
hospital reportedly revealed a fractured left cheekbone, two fractures of the
left eye-socket and two fractures of the right eye-socket, requiring two
operations. Accusations that Ahmet Delibas resisted arrest have reportedly
been withdrawn and the officers were said to have been charged with assault by
negligence.
Greece
143. By letter 20 June 1997, the Special Rapporteur transmitted information
concerning Mohamed Farhank Amin, an Iranian refugee living in Germany, and
an Iranian friend, who were reportedly stopped in a park in Athens on
4 October 1996. Seven or eight police officers allegedly grabbed them by the
hair, locked their arms around their backs and beat them on their face, legs
and genitals. The beatings allegedly continued at Nea Smyrni police station.
Mohamed Farhank Amin was reportedly hospitalized with a broken kneecap as a
result. In a reply dated 5 November 1997, the Government informed the Special
Rapporteur that Mohamed Farhank Amin was thought to have suffered his injury
as a result of falling in the street when attempting to flee.
Guatemala
144. By letter of 26 May 1997 the Special Rapporteur referred to the cases of
Lucina CIrdenas Ramirez and Otto Leonel Hernmndez, transmitted in July 1996
and regarding which the Government had indicated the same year that they were
being investigated. The Special Rapporteur asked to be informed whether or
not this investigation had been concluded and/or any progress had been made
with the inquiries. In the same letter the Special Rapporteur transmitted the
following cases to the Government.
145. Luis Alfredo Bonilla JuIrez, aged 17, a street child, was reportedly
detained on 18 March 1997 in Guatemala City by two uniformed police officers
who asked for his identity papers. Not having them, he was reportedly put in
the patrol car and beaten. A few minutes later the officers reportedly took
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page 31
him from the vehicle, continuing to beat him in the street, and then left.
The non-governmental organization Casa Alianza filed a complaint with the
Office for Professional Responsibility of the National Police, which was said
to have initiated an investigation.
146. Roca Eswin el Ruiz Zacarias, Edwin Tulio Enriquez Garcia and
Belarmino Gonzalez de Leôn, workers at the Mi Kwang S.A. factory in
Cantôn Najarito, Villa Nueva, Department of Guatemala, were reportedly
detained on 13 March 1997 by a group of armed men dressed in civilian clothes
who had gone to the factory. The detained persons were allegedly taken to the
Villa Nueva police station and interrogated for about an hour and a half
concerning an alleged theft at the factory a week earlier. One of them was
reportedly hit with a rifle butt and the others kicked in the stomach. One of
them is also said to have had a plastic bag put over his head. Before being
released they were allegedly warned not to talk about what had happened.
147. Oscar Arturo Gonzalez Ruiz, aged 34, working on a human rights project
co-sponsored by the European Union, was reportedly detained in Quetzaltenango
on 9 April 1996 by National Police officers who allegedly stopped him while he
was driving his car and put him into a police vehicle. There he was shackled,
kicked and beaten, and then driven from one police station to another. He was
reportedly later taken to a hospital and kept there for three days because of
his physical state and loss of blood. When he made his statement to the judge
in hospital, moreover, he reportedly felt intimidated by the presence of
two police officers who were watching him the whole time. He was later
released.
Haiti
148. By letter of 9 June 1997, the Special Rapporteur transmitted to the
Government information concerning the following cases.
149. Jean-Marie Alexandre, arrested in his home in Grande Rivière du Nord
on 21 February 1996. He was allegedly subjected to beatings in the police
station, said to have injured his right eye and left shoulder. He was held
for three days, two of which he allegedly spent handcuffed, without receiving
medical attention.
150. Jean Pierre Santilus, allegedly arrested on 19 March 1996 and taken to
the Jacmel police station. For five consecutive days he was allegedly beaten
on the chest, back and buttocks during interrogation sessions. A complaint
filed with the local investigating judge did not result in any action against
the police agents.
151. Renald Brutus, arrested by police agents on 10 June 1996 at Bainet, in
the region of Jacmel. At the local police station he was allegedly kicked and
beaten with a stick on the head, legs, buttocks, arms and back. In addition,
one of the agents fired a gun next to Brutus's ear and left him tied to a tree
in the sun for over an hour. When Renald Brutus's 60-year-old father,
Pierre Brutus, went to visit his son at the police station he was also
arrested. Four agents reportedly beat Pierre Brutus with a stick on the back
and legs and then handcuffed him to a ladder, leaving him hanging for over
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half an hour. Both were allegedly beaten and interrogated again the next day.
The police allegedly put guns in the mouths of two other detainees and urged
them to make statements implicating Renald Brutus in drug trafficking.
Honduras
152. By letter of 26 May 1997 the Special Rapporteur transmitted the
following cases to the Government.
153. Fany Cerrato, a 16-year-old street child, was reportedly raped by
a sergeant of the Public Security Force (FUSEP) on 21 March 1997 at the
Mamchen police station in Tegucigalpa. When she was released some hours
later Fany Cerrato went to Casa Alianza to report the incident.
154. Hiran Castellanos, a street child, was detained on 20 March 1997 by
two plain-clothes municipal police officers in front of the cathedral in the
central park of Tegucigalpa. The police officers accused him of having stolen
a lady's chain and took him to the seventh command post for interrogation.
Hiran Castellanos was reportedly beaten by Sergeant Matute and
Lieutenant Mejia. On 24 March he was brought before the juvenile magistrate,
who ordered his release for lack of evidence.
155. In respect of these two cases, the Government reported on 9 June 1997
that criminal proceedings had been brought against the director of the
Comayagua jail as well as the guards involved in the acts of assault, against
whom arrest warrants had already been served.
Information transmitted by the Government regarding cases included in previous
reports
156. In the same letter the Special Rapporteur again referred to the cases,
transmitted on 8 January 1996, of the juveniles José Ismael Ulloa Flores,
Ebert Rolando Boquin Zarabia, Ramôn Antonio Fernández Berillos, Edwin Zepeda,
Juan Benito HernIndez Berillos, Rafael Martinez, Osman Antonio CIceres Mufloz
and Arnoldo Roque Rodriguez, incarcerated in the Comayagua prison for adults.
The Special Rapporteur requested information from the Government about the
investigation initiated into abuses against these persons. On 6 August 1997
the Government reported that on 20 February 1997 a committal order had been
issued against the director of the Comayagua jail and that the case was in the
hands of the Supreme Court.
157. The Special Rapporteur also requested additional information about the
case of Martha Maria Saire, transmitted to the Government on 11 July 1996.
The Government replied that on 20 May 1997 the First Court of Appeal of the
Department of Francisco MorazIn had rendered a sentence of six years' rigorous
imprisonment for rape against the two soldiers charged with the offence.
158. The Special Rapporteur again transmitted to the Government the cases of
Jthdrés Portillo and José Danilo Arriaga Quintanilla, juveniles incarcerated in
the San Pedro Sula prison. The Government's reply does not, however, refer to
the complaints of ill-treatment which they had allegedly suffered.
E/cN.4/1998/38/Add. 1
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Hungary
159. By letter of 20 June 1997, the Special Rapporteur advised the Government
that he had received information concerning the alleged ill-treatment of
Istvmn Nagy at the Eighth District Police Station in Budapest on 8 May 1996.
He was allegedly beaten and kicked all over his body by six or seven officers,
and was subsequently treated for three days for chest and spleen injuries and
a ruptured eardrum. He reportedly filed a complaint about his treatment.
India
160. In a letter of 28 April 1997, the Special Rapporteur informed the
Government that he had received allegations of torture as summarized in
the cases below, the first six of which occurred in the Punjab region. On
15 September 1997, the Government replied with respect to two of the persons
concerned.
161. Charanjit Singh, was reportedly arrested in Mahal village, Amritsar,
on 27 February 1996 and allegedly interrogated under torture on 28 February,
1 March and 3 March at the police post in Kot Khalsa by officers of the
Islamabad police station. The torture was said to include being hung upside
down, receiving beatings to the soles of his feet and having his legs pulled
apart while logs were rolled down his thighs.
162. Raman Kumar, aged 17, from the village of Ram Singh New, Bhadson,
district of Patiala, was reportedly arrested on 6 July 1995 by senior members
of the police, allegedly because his brothers were bringing legal proceedings
against a local senior official. At the premises of Central Investigation
Agency (CIA) Staff Nabha, he was allegedly hung from the ceiling with his
hands tied behind his back, after which petrol was poured on him and he was
told that he would be set alight. Then he was taken down from the ceiling,
stripped naked and his legs were forced apart until the muscles began to
tear and he fainted. In the following days, he was reportedly kicked and
beaten repeatedly. When his brothers refused to drop charges against the
above-mentioned official, Raman Kumar was allegedly taken to Basantpour police
station, beaten and chained to a bed. A case file by him against the police
is said to be pending in the High Court of Punjab and Haryana.
163. Man Bahadur (son of Dhan Bahadur), Kumb Bahadur and Rajesh (son of
Ran Kumar) were reportedly arrested on 1 May 1996 and taken to CIA Staff,
sector 20 and sector 26 Chandigarh and sector 34 police station. Man Bahadur
was allegedly subjected to torture of the genitals by three named officials,
involving electric shocks to his penis, and the slitting of his scrotum
resulting in castration. His wrists and legs were also reportedly cut with
a blade. The other two detainees were allegedly hung upside down from the
ceiling and beaten with rifle butts, causing injuries to their chests and
genitals. One of the officials also allegedly placed his shoe into the mouth
of Rajesh and urinated down his throat. All three alleged victims were said
to have made representations about their treatment to a named Sessions Judge
at Burrail jail, but no action was reportedly taken. They are said to have
subsequently filed proceedings before the High Court of Punjab and Haryana.
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164. Gamdur Singh was reportedly detained on 14 November 1995 by the
Punjab Railway Police, Sanfrur. He and another detainee, Baghel Singh of
Safipur Kalan village, were allegedly interrogated under torture, including
administration of electric shocks and being hung upside down while their faces
were forced repeatedly into a pit of water. Gamdur Singh was also reportedly
beaten on the head with a metal rod and kicked in the chest repeatedly,
sustaining two broken ribs. He subsequently died from his injuries, which a
post-mortem revealed to number 18, including bruising to the legs and chest,
scars to the wrists, elbows, knees and heels and a contusion to the chest.
The police reportedly maintained that he had died of a heart attack. No
action was allegedly taken in spite of a complaint by his family.
165. Parakash Singh was reportedly detained in Nabha, district of Patiala,
Punjab, on 6 April 1996, for suspected possession of narcotics. He and
his wife, Nirmal Kaur, were reportedly brought to CIA premises where
Parakash Singh, while naked, allegedly had wooden logs rolled up and down his
thighs, while his legs were stretched wide, by four named officers. He was
also allegedly hung upside down, hit with wooden sticks and punched until he
fainted. Nirmal Kaur then also allegedly had rollers applied to her thighs,
while naked, while hot water was poured onto her legs, and was in addition
allegedly sexually assaulted. Following the reported recovery of opium by the
police, Nirmal Kaur and her daughter, Maninder Kaur (aged 16) , were summoned
for further questioning on 7 May 1996 when Nirmal Kaur was allegedly stripped
naked, slapped, punched and sexually assaulted in front of her daughter.
On 9 May, Parakash Singh was reportedly made to walk publicly through the
streets by police with his turban removed and his hands and ankles shackled,
identified to the crowds as an opium smuggler. He has reportedly filed a
petition with the High Court of Punjab and Haryana. In its reply
of 15 September 1997, the Government denied that any torture had occurred.
166. Ikechukri Rivu, a Nigerian student at Khalsa College Chandigarh, and a
companion were reportedly beaten with wooden sticks and iron bars in Mohali on
15 July 1996. At Phase VII police station Ikechukri Rivu was allegedly beaten
with hockey sticks and a flat rubber whip, before being transferred to Phase I
police station. There his treatment allegedly included being beaten while
naked, being beaten with sticks while hung upside down with his hands tied
behind his back, causing him to lose consciousness several times, being
threatened with shooting while having a pistol placed into his mouth, being
hit in the face with the pistol, and having his penis pulled for a substantial
period. Prior to his appearance before the judicial magistrate on charges of
drug trafficking, he was reportedly threatened with death should he request a
medical examination. On 20 July 1996, a medical examination ordered by the
High Court reportedly revealed swelling on the right hand and an inability to
flex his fingers, scarring on the upper arm, bruising to the chest, pain and
tenderness in the shoulder, scarring to the inner thighs, and pain in the
region of the penis and testicles, making walking difficult. His lawyers have
reportedly filed a petition in the High Court requesting an independent
inquiry.
167. Bimal Kanti Chakma, Kripadhan Chakma (aged 66), Punyadhan Chakma,
Puma Kumar Chakma and Sitesh Hajong were reportedly arrested by police at
Mudhoimukh, Diyun, Changlang district, Arunachal Pradesh on 9 November 1996
following a meeting they had had with a parliamentary committee concerning a
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threat of forced eviction made to them. At Dayun police station, they were
allegedly beaten over the course of five hours. Before being released they
were reportedly threatened with further torture should they take any action
against the police or meet with any delegation in the future.
168. Shaz Naza, aged 7, was allegedly hit on the head with rifle butts by
army troops in Ajar, Kupwara district, Jammu and Kashmir on 23 May 1996. In
spite of medical treatment, she reportedly died of brain oedema on 24 May.
She was one of a number of villagers who were said to have been beaten by
soldiers in connection with elections. The Government replied that Shaz Naza
fell down and was trampled when the arrival of militants caused the crowd to
panic, as a result of which she suffered fatal head injuries.
Urgent appeals
169. On 5 February 1997, the Special Rapporteur transmitted an urgent appeal
on behalf of Syed Zahoorul Haq, linked to the All Parties Hurriyat Conference,
who was reportedly arrested by members of the Border Security Force (BSF) in
Srinagar on 22 January 1997. He was said to be held incommunicado at the BSF
camp at Karan Nagar in Srinagar without having been brought before a
magistrate.
170. On 29 May 1997, and again on 25 July 1997, the Special Rapporteur
transmitted urgent appeals on behalf of Rongthon Kunley Dorji, a 58-year-old
Bhutanese national and Chairman of the United Front for Democracy in Bhutan,
who was reportedly arrested on 18 April 1997 and was being held at Lampur Sewa
Sadan detention centre following a request by the Government of Bhutan for his
extradition. Rongthon Kunley Dorji was allegedly subjected to torture in
Bhutan in May 1991 when arrested on politically motivated charges, and the
Special Rapporteur reported fears that this would recur if he were forcibly
returned to Bhutan.
171. On 25 November 1997, the Special Rapporteur made an urgent appeal on
behalf of Riyaz Ahmad Gojri, Mahammad Ashraf Dar and Mushtaq Ahmad Khan,
activists of the Jammu and Kashmir Liberation Front, reportedly arrested on
6 November 1997 by members of the Special Task Force (STF) . They were said to
be detained at STF headquarters in Srinagar, allegedly incommunicado.
Follow-up to previously transmitted communications
172. On 25 March 1996 the Special Rapporteur sent an urgent appeal on
behalf of some 180 Bhutanese refugees who had been arrested in West Bengal
on 19 March 1996, to which the Government replied on 11 April 1996 that
apprehension as to their ill-treatment in custody was unwarranted. According
to reports received on 4 December 1996 from the source of the original
information, 15 of the detained refugees were allegedly beaten with lathis
by jail guards at Jalpaiguri jail on 22 April 1996, with three of these
persons suffering injury, while similar treatment was allegedly inflicted
on 90 Bhutanese refugees detained at Berhampur central jail on 3 May, where
at least 50 suffered injuries, 12 of them serious, and 2 persons were
hospitalized. The beatings were said to have occurred when the detainees had
tried to lodge a complaint about the alleged beating of two of them.
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173. The source also reported a further incident involving Bhutanese refugees
which it alleged to have occurred on 19 June 1996 when some 100 persons were
allegedly beaten with lathis by about 30 officers of the West Bengal police
during a funeral march at the bridge at Mahanda on the border between
Jalpaiguri and Darjeeling districts. The following marchers reportedly had to
be hospitalized as a result of the beatings: Ram Bahadur Rai, who was
allegedly hit on the head; Gyanu Kumari Koirala, who suffered a dislocated
shoulder; and Tek Bir Chhetri, Ram Bhandari and Chandra Bahadur Chuwan, who
had suspected internal injuries and shock.
Indonesia
174. In a letter of 2 July 1997, the Special Rapporteur transmitted
allegations on the following cases, to which the Government replied
on 28 October 1997.
175. Amin Baharuddin, a university student in Jakarta, reportedly arrested
on 4 June 1996, accused of wounding a policeman with a stone. He was
allegedly beaten during his arrest and dragged for about 100 metres. He was
allegedly further beaten and kicked in custody, as well as reportedly denied
medical treatment until his lawyer intervened. The Government confirmed that
he was forcibly arrested, but did not address the allegation of ill-treatment.
176. Hendrik Dikson Sirait, a student activist from Jakarta, reportedly
arrested on 1 August 1996 during a peaceful demonstration. He was held
incommunicado for five days in military custody at the Bakorstanas facility.
He was allegedly interrogated under torture during two sessions, each lasting
15 hours. The torture was said to include burnings with cigarette butts on
three occasions, administration of electric shocks to his hands and ears, and
beatings. The Government confirmed the arrest, though on a different date,
but denied the allegation of torture and other ill-treatment, and the
incommunicado nature of the detention.
177. Sugianto, an Indonesian Democratic Party (PDI) member, reportedly
arrested on 27 July 1996 and taken to Koramil Senen, where police officers
allegedly beat him with fists, clubs and chairs, kicked him and stamped
upon his hands. He was also allegedly immersed in a pond of Indonesian
catfish ( lele ) , where he suffered bites to his genitals. He was released
on 14 August 1996. The Government confirmed that he was detained for
questioning, but denied that he had been tortured or ill-treated while in
custody.
178. Sugeng, reportedly arrested near Senen on 27 July 1996. He was taken to
Jakarta Pusat police station, where police allegedly beat him with clubs on
the back and legs, stapled his ears and knocked out three teeth until he
confessed to a charge he denies. He was transferred to Jakarta metropolitan
police headquarters on 1 August and, two weeks later, was unable to walk
normally as a result of the alleged torture. The Government confirmed that he
was detained for questioning, but denied that he had been tortured or
ill-treated while in custody.
179. Mohammad Ali, Wisnu Agung, Hary Kurniawan, Eko Orastowo and
Johanes Librayanto, students from different universities, reportedly
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arrested during a demonstration at Gajah Mada University on 2 August 1997.
They were taken to Yogyakarta police command and allegedly tortured into
signing a confession that they were members of the People's Democratic
Party (PRD) . Upon their release they were seen to have sustained cuts and
bruises on their faces, missing teeth and bloodstains on their clothes. The
Government confirmed that they were detained for questioning, but denied that
they had been tortured or ill-treated while in custody.
180. The Special Rapporteur also transmitted information on the following
individual cases which reportedly occurred in East Timor.
181. Joao Antonio Gomes da Costa, the 17-year-old son of East Timorese leader
Ma'Huno, allegedly beaten severely by 10 to 15 soldiers at his home in
Los Palos during military operations on or about 30 March 1996. He was said
to have sustained a number of fractures and head injuries and to have lapsed
into a coma. The Government replied that an investigation was under way to
establish the facts.
182. Agusto, reportedly arrested on 30 July 1996 at his home in Kaikasako by
two members of District Military Headquarters (KODIM) from Liquica. He was
allegedly beaten on the head with gun butts, then detained for five days at
KODIM Liquica, where he was reportedly beaten and food withheld. He was
subsequently transferred to the POLRES (police resort) in Liquica, where he
was allegedly burned with cigarettes and matches and his feet were crushed
under the legs of a table. The Government replied that a person by the name
of Agustino Soares had indeed been arrested, but was later released due to
lack of evidence. The allegations of torture and other ill-treatment were not
addressed.
183. Inacio Nelson Guterres Amaral, Manecas Gomes and Luis Rangel, reportedly
detained by soldiers, including two commanding officers, near the hamlet of
Bui-Karin in Bahalara-Uain, Viqueque district on 12 August 1996. They were
allegedly beaten with rifle butts, taken to military post number 17 in
Bui-Karin and subsequently to the headquarters of Territorial Battalion 410
in Betice, where they were reportedly subjected to further ill-treatment.
Luis Rangel was said to have suffered broken ribs and Inacio Nelson Guterres
Amaral a broken arm. The Government confirmed the temporary detention of
three persons named Nelson Jesus Amaral Gueterres, Manuel or Maneas Gomes and
Lois Ranigel, but denied that they had been tortured or otherwise ill-treated.
184. Vasco Pinto, Antonio de Carvalho, Inacio Tilman, Afonso Cipriano,
Kai-Rubik and another person also named Kai-Rubik, reportedly detained on
12 August 1996 by military personnel in Bui-Karin, Bahalara-Uain, Viqueque
district. They were allegedly subjected to torture over the course of five
days, said to include beatings on the back with sticks, punches, slaps in the
face, mouth and stomach, beatings with gun butts all over the body and face,
and burnings with cigarettes. The Government did not know of anyone named
Afonso Cipriano, but confirmed the temporary detention of persons named
Basco Pinto, Antonio da Costa, Inacio Felona, Kai-Rubik alias Armindo Maia and
Kai-Rubik alias Mr. Butkevich, denying any allegations of torture or other
ill-treatment.
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185. Joao Pinto, reportedly interrogated by soldiers in Bui-Karin,
Bahalara-Uain, Viqueque district on 16 and 17 August 1996. On 17 August, he
was allegedly kicked four times and punched in the face by a vice-commander
from Battalion 410 and beaten severely by soldiers, causing him to lose
consciousness. The Government replied that it had no knowledge of this
person.
186. Aliança Soares dos Santos (female), reportedly detained, along with
seven members of her family, in Atabae, Bobonaro district on 5 December 1996.
All of the family members were allegedly beaten and Aliança was allegedly tied
up, threatened with a knife and taken to KORANIL (Sub-District Military
Command) in Ermera. She was allegedly subjected to torture, including rape by
an Indonesian Armed Forces soldier, who threatened to kill her if she reported
the rape. She was subsequently transferred to a Rajawali batallion camp at
Luli Rema and allegedly twice raped by a sergeant. She was released on
16 December 1996. The Government confirmed that she had been temporarily
arrested, though on a different date, but said that there was no evidence that
she had been raped.
187. Mateus Gomes, a teacher in Loimea village in Atsabe, reportedly arrested
on 25 December 1996 by members of the Rajawali battalion, accused of having
provided food to guerrillas. At a military camp he was allegedly kicked,
punched, beaten with a rifle butt and subjected to electric shocks. The
Government replied that an investigation was still under way.
Information received from the Government with respect to cases mentioned in
previous reports
188. Marsinah, a labour activist, was allegedly tortured and killed in
Eastern Java in May 1993. In 1996 the Government had given information on
proceedings taken in connection with the killing. The Special Rapporteur
asked to be kept informed of the results and any developments in the
investigations and court proceedings mentioned, including the identity of the
officers charged and the nature of the charges brought against them. On
28 October 1997, the Government replied that the case against the officers had
been closed due to lack of evidence, but that efforts were continuing to find
the culprits and it was hoped that the case would be reopened in the near
future.
189. Hendrique Belmiro da Costa was allegedly tortured by military officials
in Dili, East Timor, in November 1994. In 1996 the Government had replied
that he was in detention between 1984 and 1989, but had not been arrested
since then. According to a communication from the source of the information
on 2 May 1997, he was again arrested on 4 December 1994 and apparently
questioned at the military intelligence centre, STI ( Satuan Tugas Intelijen )
in Dili. He was allegedly subjected to electric shocks through his handcuffs
and severely beaten, resulting in a concussion and his requiring seven
stitches to his head. A lawyer visiting him in police custody in April 1995
was said to have observed marks of his torture. A trial against him on
charges related to armed rebellion allegedly began in August, but was reported
to have been postponed because of his poor health, so that the sentence was
finally passed in December 1995. The source of the information asserts that
his trial and sentencing were covered in both the Indonesian and foreign
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press. The Government, on 28 October 1997, did not deny the arrest and trial
of Hendrique Belmiro da Costa, but replied that he was never subjected to
torture, and that the source of the allegation was merely exploiting the fact
of his very poor health.
190. Sebastiao Lelo Ati and Joao Beli were reportedly arrested and tortured
by members of the Indonesian armed forces on 14 July 1996 in the village of
Obulo, East Timor. On 28 October 1997, the Government replied that the two
individuals could not be traced, and that the East Timor authorities had
denied that any arrests were made in Obulo on the date mentioned.
191. Saturlina da Costa, from Bacau, was allegedly raped by two officers
while in police custody in August 1994. In October 1994 her family submitted
an appeal to the police asking for an inquiry. Although it is believed that
two police officers were questioned in relation to the alleged incident,
East Timor's police chief later denied the allegations. On 28 October 1997,
the Government replied that an investigation had been conducted into the
alleged rape which concluded that the officers were not guilty.
Urgent appeals sent and replies received
192. The Special Rapporteur transmitted the 14 urgent appeals which
follow, 11 concerning East Timor, on the dates mentioned in brackets.
The Government replied to 11 of the appeals.
193. Bimo Petrus, Hanni, and Ling, student political activists, were
reportedly arrested by police in Rambutan, Jakarta on 6 March 1997. They were
said to be held incommunicado in South Jakarta Police Resort (14 March 1997)
In May 1997, the Government replied that the suspects had indeed been
arrested, but that their rights were being respected, and that it would
provide further information of developments if required.
194. Thirty-two named students were reportedly detained during political
demonstrations in Yogyakarta, Central Java, on 1 and 2 April 1997. Some of
them were reportedly initially taken to Sleman District Military Command
Centre, but were then said to be held at police headquarters (8 April 1997)
In September 1997, the Government replied that a thorough investigation had
confirmed that the 32 students were temporarily detained, and released
within 24 hours, during which time they were not subjected to any torture
or ill-treatment.
195. Yulius Petege, Yahya Pigome and Ben Kotouki were among a larger group
of members of the Ekari tribe reportedly arrested on 22 August 1997 in the
context of clashes between local people and security forces in the Timika area
of Irian Jaya. They were reportedly beaten, then taken away in buses to an
unknown destination (1 September 1997)
196. The following urgent appeals concern, in particular, the territory of
East Timor.
197. Eight persons from Buibau, in the Bacau district, were allegedly
detained in November 1996 in connection with the killing of a military
commander in the Indonesian armed forces. They were identified as:
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Evaristo Ximenes, Ariiceto Ximenes, Armindo do Rosario, Manuel,
Quintino Imanuel de Cristo, Augusto, Marcelino and Cosme. At least some
of the detainees were said to be held at a special army unit facility in
Baucau (20 December 1996) . The Government replied on 24 February that all
of these persons were indeed in custody, and awaiting trial on criminal
charges. It stated that the first five had admitted to direct involvement
in the killing, while Augusto, Marcelino and Cosme were suspected of creating
violent disturbances. None were being held at the cited facility in Baucau,
as this place has never existed.
198. Baltasar SH Belo, Gregorio Sequira Bento (aged 16), Jose Maria Geronimo,
Joäo Budiono C. Moraes, Luis Afonso, Abel Fernandes, Bobby Xavier and
Armando C. Soares were reportedly arrested between 26 and 30 December 1996
in the aftermath of violent incidents in Dili, East Timor, on 24 December 1996
(10 January 1997) . On 14 February, the Government acknowledged the detention
of four persons named Baltasar Hendiques Sebastiao, Gregorio Jeronimo Sequera
Bento, Jose Maria Jeronimo and Joäo Budiono da Costa Monis as a result of the
violent events in Dili, and gave assurance that they were being treated
humanely. The other four names were not known to the police.
199. About 109 persons, some of whom were named, were reportedly arrested
in the Viqueque district of East Timor following disturbances between 7 and
11 February 1997, and were said to be held at the District Military Command
post in Viqueque (17 February 1997) . On 3 March, the Government replied that
the police had exercised care during the incident, and that 105 of the persons
arrested had already been released. The Government did not specify if those
remaining in custody were among those named in the allegation, but gave
assurances that they would in any case be treated humanely.
200. About 45 East Timorese youths were reportedly arrested in Dili
on 23 March 1997, during a peaceful demonstration outside the hotel where
the Special Representative of the Secretary-General was staying. According
to the reports, there was a confrontation between demonstrators and security
forces resulting in injuries (27 March 1997) . In April 1997, the Government
replied that the demonstration had been far from peaceful, and that the
injuries had been largely self-inflicted by the demonstrators through their
own actions. It confirmed that 45 persons had been detained, but said that
some had since been released due to lack of evidence, and that their rights
were being respected.
201. Felisberto Maria dos Santos, Domingos Larangguira, Jose Sobral and
Marcelino de Fatima dos Santos were reportedly arrested on 30 March 1997 in
Liquisa, East Timor, on suspicion of links with the armed opposition group
Falintil, and their subsequent whereabouts were unknown (24 April 1997) . The
Government replied in an undated letter that these persons had never been
arrested or detained, and were leading normal lives as free citizens.
202. Joaquim Moreira, David Dias Ximenes, Joao Anegela, Francisco Magno,
and Jose Acacio were reportedly arrested, all but one of whom allegedly
in Dili, East Timor, around 31 May 1997, in connection with an attack on
Mobile Police Headquarters on 28 May. Joaquim Moreira was said to have been
arrested on 17 May 1997 by officers from the Military Intelligence Unit (STI)
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(3 June 1997) . The Government confirmed on 15 July 1997 that David Dias
Ximenes, Francisco Magno and Jose Acacio were arrested on 31 May 1997 on
suspicion of involvement in the above-mentioned attack. It stated that they
had admitted this involvement during questioning and were currently in the
custody of the Dili police, where they were being treated humanely. No
records were found attesting to the arrest of Joaquim Moreira and Jose Acacio
during May or June 1997.
203. Joaquim Carvalho Araujo, Aleixo (aged 65), Marcos Exposto and
Domingos Quintao were reportedly arrested on 9 June 1997 in Aileu district,
East Timor, by soldiers from the Aileu District Military Command, allegedly
in connection with recent attacks by Falintil. The detainees were reported
to be held incommunicado at Command headquarters (16 June 1997) . The
Government replied on 15 July 1997 that no records had been found attesting
either to the arrest or even the existence of the above-mentioned persons.
204. Virgilio dos Santos Pinto, Cancio da Costa and Gil Fernandes were
reportedly arrested on or around 14 June 1997 by members of the Special
Forces, Kopassus, during house-to-house searches in the village of Soru, near
Los Palos, East Timor, and were said to be held in the Kopassus detention
centre in Los Palos (20 June 1997) . The Government replied in September 1997
that according to the East Timorese authorities, no arrests occurred on or
around the stated date, and no traces have been found in Los Palos of the
persons named.
205. Jose Antonio Belo and Guilherme dos Santos were among five persons
reportedly arrested by military personnel on 25 June 1997 in Kaibada, near
Baucau, East Timor, following a confrontation between the Indonesian Armed
Forces and Falintil, and whose whereabouts were unknown (27 June 1997) . In
September 1997, the Government confirmed the arrest of these two persons and
four others in the circumstances stated above. According to the Government,
they were awaiting trial at the Baucau police station, and their rights were
being fully respected.
206. Constancio dos Santos, Jojo dos Santos, Francisco Caldeira and
Eduardo (possibly called Jose Ximenes) were believed to be detained in Dili,
East Timor, as well as Joaquim Santana, Ivo Miranda, Domingos Natalino Coelho
da Silva, Fernando Lebre and Nuno dos Santos, who were believed to be detained
in Semarang. All were reportedly arrested in September 1997 on suspicion of
possession of explosives. At least eight of them had reportedly been
subjected to ill-treatment and torture, including electric shocks. Constancio
dos Santos was said to have had two fingers severed (15 October 1997)
207. Jthtonio Viegas, Albino Barros, Natalina de Araujo and at least two
unnamed others, all students, were reportedly shot and wounded in a
confrontation with Indonesian police in Dili, East Timor, on 14 November 1997.
Students were reported to have thrown stones at members of the security
forces, prompting the police to start firing. One of the students, suffering
from a life-threatening gunshot wound sustained during the firing, was said to
have been forcibly removed from a vehicle of the International Committee of
the Red Cross by police and severely beaten before being taken away. All five
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were reportedly taken to the Wirahusada military hospital in Dili where they
were believed to be in custody, and allegedly denied access to humanitarian
and legal assistance (17 November 1997)
Iran (Islamic Republic of )
208. On 29 January 1997, the Special Rapporteur, in conjunction with the
Special Representative on the situation of human rights in the Islamic
Republic of Iran, transmitted an urgent appeal on behalf of Hojjatoleslam val
Muslimin Sheikh Mohammad Amin Ghafoori, his wife, and Hojjatoleslam val
Muslimin Sayed Hossein Fali, who were reportedly arrested in Qom around
14 January 1997 and whose whereabouts were unknown. Both of the men were said
to be followers of the Grand Ayatollah Shirazi.
209. On 18 August 1997, the Special Rapporteur sent an urgent appeal on
behalf of several hundred political prisoners in Shiraz, Isfahan, Ahwaz and
Tehran, who had been on hunger strike since 7 June in protest against their
conditions of detention. Six of them, namely Fataneh Alipoor, Kamran Yazdani,
Hamidreza Dadashi, Mehrdad Vosooghi, Jafar Abbassi and Abdolreza Jthedi, had
already died.
210. On 10 October 1997, the Special Rapporteur, in conjunction with the
Special Representative on the situation of human rights in the Islamic
Republic of Iran, transmitted an urgent appeal on behalf of Mohammad Ali
Ghasemi, from Tehran, whose sentence for conviction of illegitimate
relationships with three women and illegal drug use reportedly included
subjection to 170 lashes.
Israel
211. By letter dated 11 June 1997, the Special Rapporteur transmitted to the
Government the cases summarized in the paragraphs below.
212. Musa Masharqeh, an asthma sufferer, was reportedly arrested
on 7 March 1995 and detained in Ramallah prison. He was reportedly made to
wear dark welders' glasses to disorient him; subjected to prolonged sleep
deprivation; held in solitary confinement; subjected to shabeh (forced to
remain in uncomfortable positions for long periods) ; exposed to cold
temperatures; subjected to violent shaking several times; and threatened with
death or rape of family members.
213. Daher Muhammad Salah Abu Mayaleh was reportedly arrested
on 15 February 1996 and detained in Ashkelon prison. He was allegedly
shaken violently, as a result of which he lost consciousness for five hours.
After having been given some ammoniac to smell, he was reportedly further
interrogated and tortured over the course of the next 30 days, including
further violent shaking and sleep deprivation while seated on a low bench.
214. Bashar Tarabieh, a consultant for the United States-based organization
Human Rights Watch and a United States resident, was reportedly arrested on
19 August 1996 and taken to Jalameh prison near Haifa. He was allegedly
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hooded, tied to a chair with his hands and feet bound, forced to sit for hours
in contorted positions and denied regular meals. During interrogation, he was
reportedly questioned about his work for Human Rights Watch.
215. Azam Aarda was reportedly arrested on 16 October 1996 and detained at
Jalameh/Qishon prison. He was allegedly forced to sit handcuffed and hooded
in painful and contorted positions, subjected to prolonged sleep deprivation
and beaten over the course of three weeks.
216. lyad Abu Hamdieh was reportedly arrested on 3 April 1997 on suspicion of
connections with Hamas and interrogated at Shikmah prison. He was allegedly
forced to squat, despite suffering from rheumatism in his legs, kicked
repeatedly in the legs, subjected to violent shaking, and held in shabeh next
to a cold air conditioner.
217. Ayman Kafishah was reportedly detained in Shikmah prison
on 5 April 1997. Several interrogators allegedly tortured him during
his first 36 hours of detention. The forms of torture used were said to
include: violent shaking; tightening the cuffs on his wrists thereby cutting
off the blood flow; having his hands struck against a table; being forced to
squat; being forced to sit in painful and contorted positions for prolonged
periods; being forced to sit through the night next to an air conditioner;
being deprived of sleep; being subjected to threats that his family members
would be arrested and ill-treated; and being prevented from using the toilet.
Urgent appeals transmitted and replies received
218. The Special Rapporteur made urgent appeals, on the dates mentioned in
brackets, on behalf of the following persons reportedly detained at al-Khiam
detention centre in southern Lebanon: Ahmad Kamil Sa'id, a secondary school
student from South Lebanon, reportedly arrested by the Israeli Defence Force
on 2 June 1997 and held incommunicado (19 June 1997) ; Ghassan Ali Eisa,
Huda Assad Alla Hamada, Khalil Karnaib, Suleiman Karnaib and Haydar Ali Eissa,
allegedly arrested in the village of Maron al-Ross by the South Lebanon Army
in July 1997; Huda Hamada, an epilepsy sufferer, was said to have been denied
access to medication (22 August 1997) ; ‘Abbas Muhammad ‘Atiya, Muhammad Salim
Qataih, Mustafa Jawad Tubeh and Qasem Lutfi ‘Assaf, reportedly arrested on
2 October 1997 by Israeli forces searching the village of Arnum, South Lebanon
(7 October 1997); Taysir Dabaja, Na'ima Faysel Jaber, Khaled Idris, Bisam ‘Ali
Hamdeh, Bilal Ibrahim al-Ashqar, Bilal Kayed Faraj, Mazen ‘Abdallah, all
students under the age of 16, and Zeinab Naser, reportedly arrested between
10 and 14 October 1997 by Israeli forces in their villages situated in
Israel's “security zone” in southern Lebanon (16 October 1997).
219. Ali ‘Abd al-Nabi ‘Atiya, aged 17, reportedly arrested
on 22 October 1997, Muhammad Hassan Hasshem, aged 52, Khalil Hassan Hashem,
Akram Ba'Ibeki, Yahiya al-Asmar, Fahd Rimal, Yahiya ‘Abbud, Baahiya Ba'Ibeki
(female) and Usama Nur al-Din, all reportedly arrested between 22 and
26 November 1997 (2 December 1997) ; Almaza Ibrahim (female) , Nadim Husayn
Sa'b, and ‘Atef Hassan Hashem, allegedly arrested on 26 and 28 November 1997
(4 December 1997) . In the last two urgent appeals the Special Rapporteur also
raised reports that visits from the International Committee of the Red Cross
E/CN. 4/1998/38/Add.1
page 44
or detainees' relatives had been prohibited at al-Khiam detention centre
since 10 September 1997, heightening concern for the detainees' well-being.
220. By letters dated 23 September and 21 October 1997, the Government
responded to the first three urgent appeals denying any responsibility for
al-Khiam detention centre which, it stated, is controlled by the South Lebanon
Army. It added that the centre had been visited by the International
Committee of the Red Cross on a regular basis. The Government further stated
that the presence of the Israeli Defence Forces in the zone is limited and
restricted to specific and defined security objectives and could, as a
consequence, not bear any other responsibility for the zone and matters
happening within it.
221. On 21 November 1997, the Special Rapporteur made an urgent appeal on
behalf of Ashraf Rafiq Salim Nasrallah, reportedly arrested on 1 November 1997
and detained at Shikma (Ashkelon) prison, where he had allegedly been tortured
by General Security Service (GSS) interrogators. He was said to have been
subject to shabeh , obliged to sit on a small chair 30 cm high with his hands
and legs shackled and a sack over his head, and obliged to squat repeatedly in
“frog” position. Loud music was reportedly played continuously. A petition
filed with the Israeli High Court by his lawyer was reportedly withdrawn on
the basis of assurances given by the Government that no physical force would
be used. On 18 November, the authorities allegedly prohibited further
visits from his lawyer, a decision which was upheld by the High Court. On
19 November, a new petition against the use of force by the GSS was reportedly
submitted to the High Court.
Information received from the Government on cases appearing in previous
reports
222. On 26 December 1996 the Government replied to the cases of Muhammad ‘Abd
al-'Aziz Hamdan and Khader Mubarak, who were allegedly subjected to physical
pressure during interrogation said to have been allowed by Israeli Supreme
Court rulings (see E/CN.4/1997/7/Add.1, paras 272 and 273) . In its reply, to
which the Supreme Court rulings were attached, the Government stated that the
Court had not granted the General Security Service a general mandate to use
physical pressure. In the case of Muhammad ‘Abd al-'Aziz Hamdan, the
Government referred in particular to the Court's statement that a clear
suspicion of the possession of extremely vital information, the immediate
disclosure of which would prevent a terrible disaster, would save human lives
and would prevent the most serious terrorist attacks, justified the cancelling
of the interim injunction prohibiting the use of physical pressure. This
decision was, however, not tantamount to permission to use interrogation
methods which were against the law, the Court stated. The Government further
stated that the Court, with the agreement of the General Security Service, had
issued another injunction prohibiting the use of physical pressure in the
interrogation of Mr. Hamdan. In the case of Khader Mubarak, the Government
referred in particular to the Court's statement that it had been assured that
the handcuffing of the petitioner was not for the purpose of interrogation and
that the hands of the interrogatee were not stretched behind him and that all
steps were taken to ensure that, as much as possible, the handcuffs did not
press or rub the wrists of the interrogatee, but that handcuffing as described
E/cN.4/1998/38/Add. 1
page 45
by the petitioner was prohibited. The Government further assured the Special
Rapporteur that no detainee would be subject to torture at the hands of
Israeli officials.
223. In December 1996, the Government also replied to the case of
Fu'ad Shamasneh who had allegedly been hooded with a sack, deprived of
sleep, kept in a painful position and whose arm had reportedly been
dislocated while in detention (see E/CN.4/1997/7/Add.1, para. 269). In its
reply, the Government stated that the Department for Investigations of the
Police in the Ministry of Justice had investigated the complaints. On the
basis of the results of the investigation, which included interviews with the
interrogators, Mr. Shamasneh himself, and the examination of relevant
detention records, the Government stated that there was no indication that
Mr. Shamasneh suffered any injury and that the findings did not justify any
steps against the interrogators.
224. In February 1997, the Government replied to the case of Muhannad Abu
Rumi who was allegedly kept in incommunicado detention in the Moscobiyyah
police detention centre in Jerusalem following his arrest in Hebron on
18 November 1996 (see E/CN.4/1997/7/Add.1, para. 274) . In its reply, the
Government confirmed his arrest which, it stated, had taken place on suspicion
of involvement in terrorist activities of the Islamic Jihad. Regarding his
access to legal counsel, the Government stated that his petition had been
dismissed by the Supreme Court which was satisfied that the factual and legal
circumstances of the case justified the postponement of Abu Rumi's meeting
with his lawyer in the interests of the investigation. He was permitted to
meet his lawyer after 11 December 1996. The Court had also noted the
statement by the attorney for the General Security Services that his
interrogation was carried out without the use of physical pressure. He was
tried, convicted and sentenced by the military court of Hebron while being
represented by counsel of his choice.
225. By letters dated 20 January and 21 February 1997 the Government
responded to the case of Dr. George Kalim Nakd, who was reportedly arrested on
1 November 1996 by the South Lebanon Army and detained at al-Khiam detention
centre in southern Lebanon (see E/CN.4/1997/7/Add.1, para. 271). In its
reply, the Government stated that al-Khiam detention centre is controlled by
the South Lebanese Army and that neither the Israeli army nor the Israeli
General Security Service conduct investigations at al-Khiam, nor are they
responsible for what occurs in the centre. It added that representatives of
the International Committee of the Red Cross had visited al-Khiam and also
noted the release of Mr. Nakd as of 23 January 1996.
Kenya
226. In a letter of 17 February 1997, the Special Rapporteur transmitted to
the Government the following cases.
227. Suba Churchill Mechack, chairman of the non-registered Kenya
Universities Student Organization (1<050) , reportedly arrested on
16 November 1995 on Egerton University premises, Nakuru district. Between the
date of his arrest and 22 November 1995, he is said to have been moved about
between a number of police stations and reportedly questioned under torture on
E/CN. 4/1998/38/Add.1
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each occasion about alleged links with the February Eighteenth Resistance
Army. The torture he is alleged to have suffered included having his knees
hit with a hammer, having his fingers twisted with an open spanner, having his
toenails pulled with pliers, and having a paper pin inserted into his
thumbnail. A medical examination ordered by the Chief Magistrate's Court is
said to have revealed that he had sustained injuries to his kidneys.
228. Jane Wanbui and Virginia Nyambura Wambui (aged 17), among four persons
reportedly arrested in Kikuyu township on 17 December 1995 and allegedly
tortured by police officers at Kiambu police station. Jane Wambui, who was
five months' pregnant, miscarried after a senior officer allegedly kicked her
repeatedly in the stomach. Virginia Nyambura Wambui was hospitalized after
allegedly being whipped, kicked, beaten with sticks and having salt put into
her vagina. Medical reports produced in court were said to have supported the
allegations of torture. In July 1996 Kiambu Senior Resident Magistrate
Margaret Wachira reportedly acquitted the four defendants on the grounds that
they had been tortured.
229. Henry Mutua M'Aritho, reportedly arrested by administrative policemen in
Nyambene district on 2 May 1996, died in custody three days later. During his
detention he was allegedly whipped, slapped, kicked and beaten on at least
three occasions and was also reported to have received burns to his legs.
230. Amodoi Achakar Jthamilem, reportedly arrested in Lokichar, Turkana
district, on 8 July 1996 after being mistaken for a robber. He was allegedly
beaten in public, then beaten in a disused building and again at the Lokichar
Administration police camp. The beatings were said to have included blows all
over his body and beatings with a stick, gun butts and kicks. The police also
allegedly attempted to strangle him with his own beads. He reportedly died
before reaching the police station and, although his injuries were noted at
the time, a subsequent autopsy could not establish the cause of death because
the coolers in the mortuary had not been functioning. The results of an
investigation ordered by the Attorney-General in August 1996 were unknown,
though the officers alleged to be responsible reportedly remained on duty.
Urgent appeals
231. On 26 November 1997, the Special Rapporteur transmitted an urgent appeal
on behalf of Patrick Wangamati, a Kenyan who had been a political refugee in
Ghana for three years, and was reportedly arrested upon his arrival at Nairobi
airport on 6 October 1997. Following a period at Buru Buru police station in
Nairobi and interrogation at the Police Criminal Investigation department
headquarters, he was allegedly being held in incommunicado detention at an
undisclosed location.
Kuwait
232. On 8 April 1997, the Special Rapporteur transmitted an urgent appeal on
behalf of Muhammad Mirza, ‘Abd al-Jalil al Shuwaikh, Shaikh ‘Abd al-Nabi
al-Sitrawi, Rashed ‘Abdullah Rashed, ‘Adel al-Hayki, ‘Ali al-Hayki,
Hussain al-Hayki, Muhammad al-Hayki and ‘Issa al-Hayki, who were among
11 Bahraini nationals reportedly detained in Kuwait City on 26 March 1997.
They were said to be under threat of deportation to Bahrain where they might
E/cN.4/1998/38/Add. 1
page 47
be subjected to torture or other ±11-treatment. The Government replied on
7 July 1997 that the persons in question remained in Kuwait and were being
tried under Kuwaiti law.
Malaysia
233. On 3 July 1997, the Special Rapporteur transmitted an urgent appeal in
connection with the reported arrest on 25 June 1997 of some 42 members of the
Dayak Iban indigenous community from the state of Sarawak. They allegedly
suffered injuries as a consequence of being beaten, kicked and assaulted with
machine guns by police officers. On 31 October 1997, the Government confirmed
the arrest of persons from the Iban tribe but denied that any serious injuries
had resulted.
Maldives
234. On 3 February 1997, the Special Rapporteur sent an urgent appeal on
behalf of Mohamed Shaheeb, who was reportedly arrested on 20 January 1997 and
taken to Dhooinidhoo detention centre.
235. On 26 November 1997, the Special Rapporteur transmitted an urgent appeal
on behalf of Ismail Saadiq who had reportedly been in detention in Dhoonidhoo
prison or under house arrest in Male' for various periods since July 1996 when
he was allegedly charged with business irregularities. He was initially
reportedly subjected to solitary confinement, long periods of sleep
deprivation and denial of adequate food and medicine. He was said to suffer
from serious health problems for which he was allegedly allowed to receive
only incomplete treatment, in spite of reported recommendations that he
receive treatment abroad. On 4 August 1997 he was transferred to house
arrest, apparently incommunicado.
Mauritania
236. On 29 January 1997, the Special Rapporteur sent an urgent appeal to the
Government on behalf of Messoud Ould Boulkheir, a member of the Action for
Change opposition party, Mohammed H. Ould Ismael, Secretary-General of the
People's Progressive Alliance (APP), Abdallahi Ould lyahi, a member of the
APP, Hamoud Ould Abdi, a member of the Democratic Republican Party and
El Kory Ould Hmeity, former Secretary-General of the Union of Workers of
Mauritania, who were allegedly arrested during the night of 22 January 1997 at
Nouakchott, accused of having had contacts of a political nature with the
Libyan Arab Jamahiriya. It is said that they were taken to the
Directorate-General of the National Security Service where they were
questioned. Their families and lawyers were apparently denied any contact
with them.
Mexico
237. The Special Rapporteur transmitted the urgent appeals summarized in the
paragraphs below.
E/CN. 4/1998/38/Add.1
page 48
Urgent appeals and the Government's replies
238. Laurencio Guarneros Sandoval, Julio Bello Palacios, aged 16,
Remigio Ayala Martinez, aged 18, and Carlos Ricardo Ruiz Canada, members of
the Tepozteca Unity Committee, Morelos, were arrested on 11 January 1997 by
judicial police officers in Yantepec, Teposztlmn, Morelos. In the hours that
followed at least two of them were allegedly threatened with death and
subjected to ill-treatment, as attested by members of their families who
visited them later in Cuernavaca prison (17 January 1997) . On 20 March 1997,
the Government reported that the Morelos Human Rights Commission had received
a complaint with respect to the detention of the above-named persons, but that
it did not contain any allegations of torture.
239. Jerônimo Hernmndez Lôpez and Gonzalo Rosas Morales, Jesuit priests of
the San Cristôbal de las Casas diocese and leaders, respectively, of the
Committee for the Defence of Indigenous Freedoms and of the Xi'nich indigenous
organization, as well as community leaders Ramôn Parcero, Fidel Vera,
Carlos Cruz, Pascal Alvaro and Sebastimn Gonzalez. These seven persons were
reportedly detained on 8 March 1997 in Palenque, Chiapas, by judicial police
officers in connection with incidents the previous day during which
two policemen had been killed. They were all reportedly held incommunicado
for several hours, during which at least the first two persons mentioned were
allegedly beaten (11 March 1997)
240. The Government reported that Jerônimo Hernmndez Lôpez, Gonzalo Rosas
Morales and Ramôn Parcero, as well as a community leader named Francisco
Gonzalez Gutiérrez, had been questioned on 8 March 1997 in connection with
an investigation by the Attorney-General's Office of Chiapas. According
to the latter Office, the statements they made at that time were taken in
the presence of their lawyers, and at no time were they subjected to
ill-treatment, held incommunicado, or otherwise deprived of legal guarantees.
The accused lodged a complaint against members of the Attorney-General's
Office on grounds of fabrication of evidence, illegal detention, ill-treatment
and incommunicado detention.
241. Rufino Pablo Mendoza, Antonio Hernmndez de los Santos, Rufino Ramirez
VIsquez and Victor Feliciano de los Santos, members of the Mixtec indigenous
community of Guadalupe Mano de Leôn, Guerrero, reportedly associated with the
Democratic Revolution Party (PRD), were detained on 16 February 1997 by
members of the state judicial police, who allegedly beat them and then took
them away in a police vehicle to an unknown destination. The previous day
Sergio Martinez Santiago and Alfredo Rojas Santiago, indigenous members of
the PRD, had been detained in the neighbouring community of La Soledad by a
large group of police officers, who reportedly tortured them (appeal sent
jointly with the Working Group on Enforced or Involuntary Disappearances on
12 March 1997) . On 23 April 1997 and 10 June 1997, the Government reported
that the National Human Rights Commission and the Human Rights Commission of
Guerrero had opened an investigation on the disappearance of the four named
persons and that their whereabouts were still unknown.
242. Members of the Public Security Police reportedly went to the San Pedro
Nixtalucum community, municipality of San Juan El Bosque, Chiapas, on
14 March 1997 and detained several persons involved in a private dispute. As
E/cN.4/1998/38/Add. 1
page 49
they were leaving the town with the persons taken into custody, a group of
residents reportedly tried to block the path of the jeeps, whereupon the
security forces allegedly opened fire and killed four people. Six police
officers were reported to have been wounded. On the same day the police
officers allegedly returned to the community accompanied by soldiers and
arrested 27 persons, who were reportedly later taken to Tuxtla Gutiérrez. Two
of them were reportedly set free, whereas the others are said to have remained
in detention (21 March 1997) . On 8 September 1997 the Government reported
that there had been no complaint about actions by public officials allegedly
violating the rights of the persons detained, nor did the latter wish to make
a complaint, as they had told staff of the Human Rights Commission of Chiapas.
243. Jthundio Casarrubias Hernmndez, Wences Acevedo Garcia and Pascal
Rodriguez Maria, members of the DRP, were detained in May 1997 in the Montafla
region of Guerrero. Other party members detained on the same dates in the
Temalatzingo community, in the same region, and later released (José Santiago
Carranza and Juan Leonor Bello) were allegedly tortured (6 June 1997) . On
21 August 1997 the Government reported that staff of the National Human Rights
Commission had interviewed and carried out medical examinations of the persons
concerned. For its part, the Chiapas Attorney-General's Office had not
received any information about the detention of these persons.
244. Fidel Garcia Ramirez, agricultural secretary of the DRP in Guerrero, was
reportedly detained on 15 June 1997 in the Xocoyolzintla community,
municipality of Ahuacuotzingo, Guerrero, by members of the public security
police, who reportedly handed him over to the army the same day. He was
allegedly tortured to make him confess his links with the People's
Revolutionary Army (20 June 1997) . On S August 1997 the Government reported
that the Chiapas Attorney-General's Office had not received any complaint
about the alleged arbitrary detention and torture of this person. On
14 November it reported that the National Human Rights Commission had decided,
after examining the evidence, that it had not been established that human
rights violations had been committed by the officials concerned, and that the
detention had been carried out in accordance with the law.
245. Inocencio Marcial Cruz, Justino Marcial Perez (aged 7), Jorge Francisco
Marcial, Wilfrido Francisco Lôpez, Ernestina Francisco Jiménez (aged 2)
Cirilio Ramirez Marcial, Marcelo Marcial Martinez, Crisôgono JuIrez Martinez,
Cmndido Bailôn Martinez, Luis Perez Cruz, Ponciano Martinez Ramirez, Alberto
Perez Martinez, Alicia Perez Martinez, Aureliano Gutiérrez Gutiérrez and
Timoteo Martinez Bailôn. These inhabitants of the San Lorenzo Texmelucan
community, located in the south of the State of Oaxaca, were among those
reportedly subjected to ill-treatment, including beatings, burns and threats,
in the course of an operation carried out by members of the local police, the
judicial police and the army on 24 June 1997 (4 July 1997) . On
17 October 1997 the Government reported that police officers had gone to the
locality mentioned in order to serve arrest warrants relating to the
commission of various offences; however, some distance from the community a
group of persons blocked the road, and the police unit therefore withdrew from
the area. On receiving complaints about the actions of the judicial police
officers, the Public Prosecutor's Office initiated an inquiry but received no
E/CN. 4/1998/38/Add.1
page 50
testimony about alleged ill-treatment. On 20 November, the Government further
reported that the National Human Rights Commission had initiated an
investigation into the matter.
246. Pedro Jthtonio José, Guillermo José Cruz, Sixto Santiago Jthtonio,
Rafael José Miguel, Nicolls Santiago Antonio, Encarnaciôn Antonio José,
Ernesto Santiago Antonio and Juan Martinez Sosa. These persons, all of them
municipal officials, were detained on 16 and 17 October 1997 by judicial
police officers accompanied by two masked individuals in the town of
San Juan ftumi, State of Oaxaco. They were all reportedly held incommunicado
(24 October 1997)
Information received from the Government with respect to cases included in
previous reports
247. Manuel Aguirre Becerril, Abel and César Zamudio Trejo and
Margarita Villafuerte were reportedly arrested and severely tortured on
21 January 1996 in Celaya, Guanajuato, by officers of the judicial police
(transmitted 6 August 1996) . On 23 April 1997, the Government replied that
the Human Rights Commission of Guanajuato had found evidence of human rights
violations and recommended that responsibility be attributed to the judicial
police. The General Coordinator of the Guanajuato judicial police, however,
did not accept this recommendation on the basis that the Commission's analysis
of the case did not reveal a violation of human rights. He stated that Manuel
Aguirre Becerril had indeed received some blows, but that they had resulted
from the struggle and his attempt to flee at the time of arrest, and were not
deliberately aggressive measures.
248. Gonzalo Smnchez Navarrete and five other persons were arrested by
federal judicial police on 10 February 1995 in Cacalomacmn, State of Mexico,
and allegedly severely tortured. On 23 April 1997 the Government replied that
the Attorney-General's Office had decided to apply no sanctions since it had
not been possible to identify those responsible and the institution to which
they belonged.
Myanmar
249. By letter dated 21 February 1997, the Special Rapporteur transmitted a
number of cases of alleged torture or ill-treatment to one of which the
Government replied, as summarized below.
250. Jtha, a member of the Akha ethnic minority, was reportedly forcibly taken
for portering work in February 1995, after some 800 soldiers entered his
village in Tachilek township. After two weeks, he was allegedly beaten and
kicked to death by soldiers, being unable to work as he was suffering from
malaria.
251. Mi Aul, aged 15, and Mi She, aged 16, from the Akha ethnic minority, had
reportedly been taken from a village in Mong Hsat by members of the tatmadaw
to perform portering duties in April 1995 and were allegedly raped repeatedly
for six nights. They were reportedly released after paying bribes.
Subsequently, the girls allegedly stopped eating and sleeping, and both died.
E/cN.4/1998/38/Add. 1
page 51
252. In early April 1996, U Pa Pa Lay and U Lu Zaw were reportedly forced to
work with iron bars shackled across their legs at a labour camp in Kachin
State, leaving U Pa Pa Lay gravely ill.
253. The Special Rapporteur also transmitted information according to
which a number of persons had allegedly been beaten by the police during
student demonstrations in Yangon in December 1996. In this connection, he
submitted three individual cases. U Myo Thant, a local reporter, and
Shigefumi Takasuka, a Japanese reporter, both working for the Japanese
newspaper Yomiuri Shimbun , were allegedly beaten repeatedly on the head with
wooden clubs and truncheons by police during student demonstrations in Yangon
in the beginning of December. Kampye, a Hindu onlooker during the student
demonstrations on 7 December 1997, was allegedly beaten by police, including
on the head with a stick. He was said to have died after being taken to
hospital. By its letter dated 25 April 1997, the Government replied that this
allegation was totally untrue, as there had been no single incident leading to
bloodshed during the student demonstrations.
Urgent appeals transmitted and replies received
254. The Special Rapporteur transmitted two urgent appeals, on 27 June
and 4 November 1997, in conjunction with the Special Rapporteur on the
situation of human rights in Myanmar.
255. The first appeal was transmitted on behalf of two trade union members
and their relatives as well as five members of the National League for
Democracy (NLD) . U Myo Aung Thant and U Khin Kyaw, both members of the
executive committee of the Federation of Trade Unions-Burma, were reportedly
arrested along with their families by officers of the National Intelligence
Bureau on 13 June 1997. On the same day, the following NLD members were said
also to have been arrested: Khin Maung Win (also known as Ko Sunny)
Cho Aung Than; Daw Khin Ma Than; U Shwe Myint Aung and U Ohn Myint (over
80 years of age) . On 24 July 1997, the Government responded that the seven
above-named persons (correcting the names of Daw Khin Ma Than and
U Shwe Myint Aung to Nge Ma Ma Than and U Swe Myint Aung respectively) had
been found to be involved in terrorist activities. They had been planning
bomb attacks on foreign embassies and residences of State leaders, the blowing
up of transformers and the cutting of telephone lines, as well as the
incitement of workers' unrest. Cho Aung Than had been involved in making
appointments for foreigners to meet Daw Aung San Suu Kyi. Myo Aung Thant,
Nge Ma Ma Than and Cho Aung Than also had secret contacts with foreigners to
send financial aid to Daw Aung San Suu Kyi. Myo Aung Thant, Cho Aung Than,
Khin Maung Win, U Ohn Myint and Nge Ma Ma Than had participated in producing
and smuggling a film of Daw Aung San Suu Kyi in Kayin national dress for a
charity show for refugees in Bangkok. The Government added that there was no
ground for concerns that persons detained would face ill-treatment while in
detention since torture and other cruel, inhuman or degrading treatment were
prohibited by relevant laws and regulations in Myanmar and were scrupulously
followed by the authorities concerned.
256. The second appeal was made on behalf of eight persons, seven of whom
were said to be leading members of the NLD. They were reportedly arrested by
security forces in the night of 28/29 October 1997 and taken to an unknown
location following attempts to hold a meeting with Daw Aung San Suu Kyi at the
NLD Mayangone township office on the outskirts of Yangon, which had been
E/CN. 4/1998/38/Add.1
page 52
prevented by security forces. Those said to have been arrested were
identified as: Daw May Win Myint, Daw San San, Win Win Htay, Dr. Than Nyein,
Khin Maung Myint, U Soe Myint, U Win Thaung, all NLD members, and
U Mya Thaung, the landlord of the Mayangone NLD office.
Information received from the Government on cases appearing in previous
reports
257. On 30 December 1996, the Government replied to the urgent appeal
of 5 December 1996 on behalf of Zaw Win, Tin Hla, Kyaw Soe, Thi Thi Aung and
Than Than Su Win, members of the Youth Wing of the NLD, who had reportedly
been arrested on 3 December 1996 (E/CN.4/1997/7/Add.1, para. 342) . The
Government confirmed the arrest of the first four individuals on the basis of
their involvement in the student protest march from suburban Hledan Kamayut
township to downtown Yangon on 2 December 1996. Than Than Su Win had never
been arrested or detained. The Government further stated that persons in
custody were not subjected to torture or ill-treatment as such practices were
strictly prohibited in Myanmar.
258. By its letter of 25 April 1997, the Government transmitted information
on the cases mentioned in the following paragraphs.
259. Saw Ther Toe, reportedly arrested in December 1993 by soldiers said to
have stabbed him, burnt his eyes out and dragged him through the streets
before executing him in January 1994 (E/CN.4/1996/35/Add.1, para. 460) . The
Government stated that Saw Ther Toe had participated in the activities of the
armed terrorist group the Kayin National Union (KNU) by carrying ammunition
and rations for their troops and collecting protection money from villagers.
He had been captured together with 10 other P U members on 22 November 1993.
The Government did not address his alleged torture.
260. Khing Kyarn, Ai Lar, Sarng Kham Luam and several others, allegedly
subjected to torture during a raid by soldiers on their villages in northern
Shan state in mid-January 1994 (E/CN.4/1996/35/Add.1, para. 461) . The
Government stated that no such incidents had ever occurred.
261. Sarng Swe, Sai Aung Maung and others, reported to have been tortured by
troops of the 240th and the 22nd Infantry Regiments (E/CN.4/1996/35/Add.1,
paras. 462, 467), and the alleged torture of Naw Psaw Po, Naw Hser Chit and
Po Li Kee (E/CN.4/1996/35/Add.1, para. 463) . The Government stated that the
allegations were not true.
262. Equally untrue were allegations of torture of Maung Chit, Maung Shwe
Lher, Saw Thay Ler, Saw Per Klas and Por Ker Ra (E/CN.4/1996/35/Add.1,
para. 464) . Only Maung Chit had been identified as a resident of Shwe Kyi
village, where no military movements had taken place at the time of the
allegations, according to the Government.
263. Sai Be, Maung Paloke and Daw Mu Larong from the villages of Ma Khae and
upper Karen Tike, reportedly subjected to torture by soldiers in early 1994,
said to have led to the death of two of them (E/CN.4/1996/35/Add.1,
para. 465) . The Government replied that neither Ma Khane village nor
Upper Kaying Taik village existed in Hpekon township or adjoining areas and
that no such incidents had occurred.
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264. Sai Sarng, Lung Khin and Sam Pya, allegedly tortured to death by
soldiers in 1994 (E/CN.4/1996/35/Add.1, para. 466) . The Government denied
that any of them had died as a result of torture. Sal Sarng had in fact never
been arrested. Lung King had been called by the authorities in view of his
failure to report on the movements of the armed drug-trafficking terrorist
group Murng Tai Army (MTA) in Worn Fai Lim village. He was in very poor
health and had passed away while staying in the camp. Sam Pya, who was
mentally disturbed, had collapsed and died of exhaustion on 18 April 1994,
while running away when troops of the 425th Infantry Regiment had entered the
village of Worn Fai Lin to search for terrorists. He was suffering from
malaria at the time of his death.
265. Saw Pa Aye, Saw Potha Dah, Deepa Leh and his son, allegedly tortured by
the military in 1994 (E/CN.4/1996/35/Add.1, paras. 468-469) . The Government
responded that the allegations were not true.
266. Naw K'ser Paw and Naw Ta Blu Htoo, two women allegedly detained and
tortured at Tham Bo camp (E/CN.4/1996/35/Add.1, para. 470), had not been found
on the list of detainees at Than Bo police station. The Government further
stated that the camp had been temporarily established to accommodate captured
members of armed groups and their sympathizers, but was no longer in
existence.
267. The name of Sai Lone, from Tachilek, who had reportedly been arrested
and tortured by soldiers in 1993 on accusation of membership of the Murng Tai
Army (E/CN.4/1996/35/Add.1, para. 471), equally did not appear on the list of
persons arrested by the 359th Infantry Regiment. According to the records,
only one person called Sai Lone had appeared before court during 1993-1994.
He had been sentenced to three months' imprisonment on 14 January 1994 for
illegal possession of a dagger.
Namibia
268. On 1 September 1997, the Special Rapporteur made an urgent appeal
on behalf of Deogratias Mugisa, a Ugandan national residing with his family in
Namibia, whose request for asylum had reportedly been rejected.
Deogratias Mugisa, a member of the Ugandan intelligence services, had
allegedly been arrested by the Ugandan army on 10 June 1995 accused of
collaboration with the armed opposition. During his arrest, he was said to
have been severely beaten and his wife was allegedly raped. In detention he
was reportedly subjected to electric shocks, suspension upside down and food
deprivation. He was reported to have fled around mid-1996 with his family to
Namibia. Fears were expressed that, if deported, he might be detained and
again subjected to torture upon his return to Uganda.
Nepal
269. In a letter of 20 June 1997, the Special Rapporteur transmitted
allegations concerning the following cases.
270. Lal Singh Adhikari, from Magma Village Development Committee (VDC),
Rukum district, was reportedly detained in February 1996 at Musikot police
station on suspicion of involvement in an attack on a police post. Over the
course of three days, he allegedly had rollers repeatedly applied to his legs,
so as to coerce him into admitting involvement.
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271. Khal Kumari Khatri Chhetri, aged 14, Thirta Khatri Chhetri, aged 17, and
Deosari Chhetri, aged 18, were reportedly ordered to strip naked, then raped
by police officers following an attack by the police on a suspected SJM house
at Leka village, Pipal VDC, Rukum district on 27 February 1996.
272. Laxmi Prasad Sharma, a member of the Samyukda Jana Morch (SJM) party
from Khalanga VDC, Jajarkot district, was reportedly arrested on 12 March 1996
and taken to the district police officer in Khalanga, where he was allegedly
beaten with sticks on the thighs, the soles of the feet and other parts of the
body. He was subsequently transferred to Jajarkot prison, where he was
reportedly moved to solitary confinement in January 1997.
273. Meen Raj Lamsal, reportedly arrested on 13 March 1996 at Bijauri, Dang
district, was allegedly subjected to torture, including having his anus burned
with a lighted candle.
274. Ganga Shrestha, among nine students reportedly arrested while attending
an event sponsored by the SJM-affiliated All Nepal National Free Students
Union (Revolutionary), at Amale, Sindhuli district, on 6 May 1996. During
interrogation by police officers, he was reportedly shown sticks, razor blades
and pins. The officials then allegedly beat him all over the body with
sticks, as a result of which he was said to have suffered a broken finger and
serious bruising to his right eye, resulting in impaired vision. When
reportedly produced before the district court seven days later, the court
ordered a medical examination, but it was reported that no action had been
taken against the officers responsible for his ill-treatment.
275. Thara Bhadur Thapa, from Kapilakot VDC, Sindhuli district, reportedly
arrested on 24 May 1996 by police from Mahendra Jashadi police post, on the
border with Kabrepalanchok district. He was allegedly struck with a rifle
butt, resulting in a fracture to his left leg below the knee. The police
reportedly denied him medical treatment for seven days.
276. Bhanu Pratap Singh Chaudhary, from Hallawar VDC, Dang district, was
among a number of farmers reportedly called to the Khadre temporary police
post on 29 August 1996, following a fight with supporters of the Nepali
Congress Party. When Bhanu Pratap Singh Chaudhary and others refused to sign
a document relating to a settlement of the dispute, they were allegedly beaten
with batons and kicked. Bhanu Pratap Singh Chaudhary had to be taken to
Tulsipur health post, where he died on 31 August, allegedly as a result of his
ill-treatment.
277. Mohammad Rafi Khan, Ram Samajh Gadaria, Jamal Khan, Mohammed Hussein,
all from Banke district, were reportedly taken into custody at the
Kamdi forest office in Kohalpur on 22 February 1997, accused of stealing
timber. All four were allegedly tortured by means of electric shocks.
Mohammad Rafi Khan and Ram Samajh were also allegedly subjected to falanga and
had to be admitted to hospital.
278. Binod Rai, a board member of the Nepal Blind Association, was reportedly
arrested along with 28 other persons during a demonstration on behalf of
disabled persons held in Kathmandu on 17 July 1996. The detainees were
reportedly taken to Mahendra police club, where police allegedly destroyed the
E/cN.4/1998/38/Add. 1
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walking sticks of the blind persons. When Binod Rai protested this action, he
was allegedly physically abused for over two hours, including being kicked in
the chest, beaten with a cane on the thighs and threatened with death. He was
then reportedly forced to sign a document which was not read to him.
Information received from the Government on cases transmitted in 1996
279. On 27 March 1997, the Government replied to allegations transmitted in
September 1996 of torture or ill-treatment of persons arrested in police
operations against Maoist political activities, in particular Jaggu
Prasad Subedi, Imam Singh Rokha, Shivaprasad Sharma, Dambar Bahadur Rokayat,
Ganga Ram Budhotoki, Bishnu Maya and her two daughters, Umakanta Sharma,
Karna Bahadur Budhathoki, Tilbir Budhathokiwas, Phanindra Ghimere, Padam Oh,
and Jhim Bahadur Chand. The Government informed the Special Rapporteur that
16 arrests were made after disturbances in Rolpa district, and stated that a
court order had been issued allowing the release of five persons, including
Jaggu Prasad Subedi, though none of the other persons named in the allegation,
but that they remained in detention as they had not yet submitted the
necessary bail. The Government further stated that 10 unspecified persons had
been ordered by the court to remain in detention. The allegations of torture
were denied.
Niger
280. In a letter dated 30 June 1997, the Special Rapporteur transmitted to
the Government reports stating that on 11 July 1996 opposition sympathizers
preparing to mount a peaceful demonstration had been attacked by a police
patrol using tear-gas grenades. One of them, Ibrahim Maman, had been
bludgeoned on the head and elsewhere by several National Security Company
(CNS) police, and had needed stitches. Some 40 demonstrators had been rounded
up and deported to the military camp at Ekrafane, 300 km north of Niamey,
where they were said to have been subjected to protracted beatings over the
course of a week and had had their heads shaved. Massaoudu Hassoumi, arrested
on 13 July and taken to Ekrafane, was said to have been led, blindfolded, in
front of a firing squad several times; the order had then been given to fire
into the air to frighten him.
281. The Special Rapporteur also transmitted information on the following
cases.
282. Elhadj Oumarou Oubandawaki, a militant member of the Front for the
Restoration and Defence of Democracy, was arrested in Niamey on
3 February 1997 by six police officers. He was allegedly beaten up on the
outskirts of Niamey then abandoned there. The doctors who treated him
observed an injury to his skull, missing teeth, a swollen face and a broken
arm. Oubandawaki was also said to have been beaten up at a judicial police
station in January 1997 after being arrested for criticizing the Government
over the radio.
283. Souley Adji, a lecturer at the University of Niamey, was abducted during
the night of 9-10 April 1997 by four men, one in military uniform, and taken
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some kilometres from Niamey. There he was stripped and beaten into
unconsciousness. Some days before he had published an article criticizing the
Government in a newspaper.
Nigeria
284. The Special Rapporteur transmitted to the Government the urgent appeals
summarized in the paragraphs below. The date on which each appeal was sent
appears in brackets at the end of the summary.
285. Godwin Agbroko, editor of The Week news magazine, was reportedly
arrested in Lagos on 18 December 1996 by officers of the State Security
Service, allegedly in connection with an article on a dispute between senior
military officers. He was said to have been transferred to Abuja, where he
was reportedly held incommunicado (9 January 1997)
286. Chief Olu Falae, a member of the National Democratic Coalition (NADECO),
former Secretary to the Federal Government and Minister of Finance, was
reportedly arrested in Akure on 9 January 1997 in connection with bomb attacks
in Lagos and transferred to the offices of the Federal Intelligence and
Investigations Bureau (15 January 1997) . On 28 March 1997, the Government
forwarded excerpts from an interview with the wife of Chief Olu Falae in the
Nigerian newspaper The Guardian of 2 February 1997. She was reported to have
visited her husband in prison and to have confirmed that his health was
satisfactory. The Government assured the Special Rapporteur that there was no
cause to treat Godwin Agboroko (see above) differently.
287. Five persons were reportedly arrested in December 1996 and January 1997,
allegedly because they were related to or associated with retired
Lieutenant-General Alani Akinrinade, an exiled member of NADECO accused of
responsibility for bombings in 1996. They were identified as: Gbenga
Adebusuyi (allegedly hung up by the feet and kicked in the head at the
Directorate of Military Intelligence headquarters in Apapa, Lagos), Femi and
Bankiole Akinrinade, Philip Arogheo, and Peter Ogunyamoju. The detainees may
have been detained under State Security Decree No. 2 of 1984, allowing for the
indefinite, incommunicado detention without charge or trial of persons deemed
to have threatened the security of the State (5 February 1997)
288. Chief Olabiyi Durojaiye, a 63-year-old founding member of NADECO, had
reportedly been arrested on 3 December 1996 in Lagos. The Special Rapporteur
had already made an urgent appeal on his behalf on 13 December 1996 (see
E/CN.4/1997/7/Add.1, para. 351) . According to additional information
received, Chief Olabiyi Durojaiye had remained in incommunicado detention
without being charged since his arrest. Repeated orders from the Federal High
Court to produce him before a court were reportedly ignored. His family was
allegedly not allowed to deliver medicine, food or clothes (10 June 1997.
Appeal sent in conjunction with the Chairman of the Working Group on Arbitrary
Detention)
289. A number of journalists at the African Concord magazine, PM News
newspaper, The News magazine, The News group and Tell Magazine were reportedly
in detention without charge or trial. They were said to include Mohammed
Adamu and Soji Omotunde, reportedly incommunicado since July and October 1997,
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respectively, Adetokunbo Fakeye, Jenkins Alumona, Onome Osifo-Whiskey,
Babafemi Ojudu, Ben Adaji, Rafiu Salau and Akinwumi Adesokan, all allegedly
arrested in a wave of arrests in November 1997. Particular medical concern
was expressed for Soji Omotunde (21 November and 1 December 1997. Both
appeals sent in conjunction with the Special Rapporteur on the promotion and
protection of the right to freedom of opinion and expression)
290. Ogaga Ifowodo, a member of the Civil Liberties Organization, was
reportedly held incommunicado in State Security Services offices in Ikoyi,
Lagos, since his return from the United Kingdom on 6 November 1997. He was
alleged to have been detained in connection with his visit to the
United Kingdom coinciding with pro-democracy protests during the Commonwealth
Heads of Government Meeting in October (27 November 1997)
Pakistan
291. By letter dated 17 November 1997, the Special Rapporteur transmitted to
the Government information on the cases summarized in the paragraphs below.
292. Javed Masih, a Christian, was reportedly arrested by the police
on 2 August 1995 in Hyderabad on the accusation of theft. Outside his house,
the police were said to have started beating him and hitting his head against
a wall until he lost consciousness. At the police station he was reportedly
subjected to electric shocks and had bottles filled with red chillies and
kerosine inserted into his anus. He was believed to have died as a result of
torture on 4 August 1995. His body was reportedly swollen, showing multiple
injuries, and his teeth broken. The police were said to have hung him by the
neck, pretending suicide, following which they took him to a hospital where
they allegedly tried to bribe an officer to admit the body. The family
registered a complaint against four police officers, claiming murder, but all
suspects were reported to have been released on bail. In September 1996, the
family reportedly pardoned the accused, but it has been alleged that they were
pressured by the suspects. The police officers have reportedly been acquitted
and resumed their work.
293. Mohammad Farooq, a member of the Mohajir Quami Movement (MQM), was
allegedly arrested by plain-clothes personnel of the Crime Investigation
Agency on 4 September 1996 in Karachi and taken to an unknown location.
There, he is said to have been subjected to torture with an electric drill
and burning cigarette butts. His limbs were reportedly badly damaged.
On 5 September, he was reportedly taken to Jalalabad, forced to run and shot.
His death was attributed to an “encounter” with the police.
294. Karim Mai, a 55-year-old man, was reportedly stripped on 1 October 1996
by agents of a local landlord in Mir Hazar Tehsil Jatoi, Muzaffargarh
district, North West Frontier Province, on the suspicion that his son had an
illicit relationship with the daughter of the landlord. Karim Mai was
reportedly made to run naked in front of the landlord's car and to sit on the
bonnet of the car through the village. Male relatives were further reported
to have been beaten up by friends of the landlord, allegedly resulting in the
death of Nazir Ahmed. Local police witnessing the incident allegedly did not
intervene and refused to register a complaint. Following a decision by the
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provincial high court, criminal charges were, however, said to have been
registered against 16 persons, but none of the accused were known to have been
arrested.
295. Khalil, a sympathizer of the Revolutionary Association of Women of
Afghanistan (RAWA) , was reportedly arrested by men believed to be connected
with the police after a peaceful RAWA demonstration in Islamabad on
28 April 1997. He was allegedly arrested together with another adult and
three children aged between 12 and 14, all said to be RAWA sympathizers.
Khalil was reportedly blindfolded and with tied hands taken to an unknown
location where he was severely beaten for four hours and warned to stop
criticizing the Taliban. He was further said to have been asked to reveal the
whereabouts, addresses and telephone numbers of RAWA leaders. He was
reportedly dumped in a wood near Islamabad.
296. Mohammed Yaman, a local mosque employee, and Fahimullah, a 14-year-old
student, were reportedly subjected to, respectively, 75 and 32 lashes for
alleged homosexual acts in a public toilet in Bara Bazar. Their punishment
is said to have taken place on 17 May 1997 in front of a large crowd in
a compound in Bara Bazar in the North West Frontier Province. It has
been reported that their sentences were handed down by elders of the
Afridi tribe, including a leading official of the political party Tanzeem
Ittehad-e-Ulema-e-Qabail.
297. By the same letter, the Special Rapporteur transmitted additional
information on the following case which he had previously submitted
on 9 June 1993 and on which no response had been received.
298. Mohammad Yusuf Jakhrani, a founding member of the political opposition
party Sindh National Alliance, was said to have died on 12 June 1992 while in
military custody in Pano Aqil, Jacobadad district in Sindh, allegedly as a
result of torture. His body was said to have been covered with injuries, the
neck broken, the back roasted, one arm fractured, and cigarette burns on his
genitals. The authorities were said to have confirmed his death in military
custody. Following the initial refusal of the police to register an official
complaint, the High Court reportedly directed the police to register the First
Information Report. As no investigation was said to have been carried out,
the family filed a petition in the High Court, allegedly, without results.
Urgent appeals
299. On 8 July 1997, the Special Rapporteur made an urgent appeal on behalf
of Humayun Far, a journalist, who was allegedly arrested on 28 June 1997 in
Islamabad. Two days after his arrest, the Interior Minister reportedly stated
that he was in the custody of an unidentified government agency for providing
classified documents to a neighbouring country. The High Court of Punjab was
said to have ordered his appearance in court on 5 July, but the Government
reportedly failed to bring him before court that day.
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Peru
300. By letter of 26 May 1997 the Special Rapporteur transmitted the
following cases, concerning some of which replies were received from the
Government.
301. A group of approximately 80 persons was detained in the hamlet of
Challhuayacu, La Pôlvora district, Province of Tocache, Department of
San Martin, on 29 August 1995 and moved to the Tocache district. There they
were allegedly subjected to treatment such as being hit on the back and beaten
with wooden sticks, a thin strip of wood and a leather club packed with sand.
The Government reported that, according to the provincial prosecutor,
Leônidas Correa Benites, José Pascual Castillo Aguilar, Alejandrina Vega
Veramendi and Arnaldo Trujillo Melgarejo were detained and questioned by the
Tocache specialized police unit. The medical examinations performed
subsequently indicated that all of them were clinically healthy.
302. Mario Jesus Palomino Garcia was detained on 23 March 1996 by officers of
the Brefla district police station, Lima, apparently because he was not
carrying his identity papers with him. While he was being taken to the police
station he is said to have been severely beaten. He was later taken to
hospital, where he was reported dead on arrival. According to the source, the
first autopsy gave the cause of death as “pancreatitis” . Under pressure from
the family a second autopsy was carried out, and this gave the cause as
“cerebral and pulmonary oedema” . The Government reported that the case
against the alleged perpetrators was being dealt with by Lima provincial
criminal court No. 14 and that in addition, as a disciplinary measure, they
had been relieved of their duties.
303. Pedro Manuel Ruiz Brock was detained in the “Petro Peru” neighbourhood
of Pucallpa, Ucayali, on 11 April 1996 by police officers in a state of
intoxication. It is reported that he was beaten repeatedly at the police
station and that the police officers tried to abuse him sexually.
304. Porfirio Carmen Perez, 18 years of age, residing in Aguaytia, Pucallpa,
Department of Ucayali, was arrested on a charge of theft. On 1 and 2 May 1996
he was allegedly tortured by members of the local police by applying
discharges to the head with an electric rod, causing serious burns. The
police officers then reportedly picked up a tyre lever and hit him with it on
the same part of the head where he had suffered the burns. They are also said
to have applied electric shocks in the mouth while his head was being held
under water. He was eventually released.
305. Alfonso Flores Otiniano was detained on 9 May 1996 by three soldiers in
Pataz, Department of La Libertad, for not having his identity papers with him.
He was taken to the Huaylillas military base, where the soldiers reportedly
beat him with their fists and blunt objects, causing injuries to the head.
On 18 September 1996 the Minister of Defence issued a note stating that he had
imposed disciplinary sanctions and taken action before the standing military
court of judicial district No. 1 against the soldiers involved. He also
reported having reached an agreement with the family. The sources have not,
however, been able to confirm this information.
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306. An indeterminate number of persons, among them Juana Ibarra Aguirre,
were reportedly detained and subjected to torture in late August 1996 at the
Monzôn military base, Alto Huallaga, in the course of a military operation
carried out after the killing of a soldier, apparently by members of his own
unit, and the search for his weapon. Juana Ibarra was reportedly subjected,
inter alia , to beatings, cigarette burns and rape, and allegedly had her
nipples torn off with pliers and water with detergent and salt forced up her
nose. Her five-year-old daughter is also said to have been tortured, as well
as the following residents of the town of Huancarumi bearing the name Aguirre:
Adrimn Aguirre Garay, Shover Aguirre Garay, his wife Hilva Herrera Bazmn,
four-year-old son Kevin Aguirre Herrera, sister-in-law Hilda Rojas Caballero
and her three young children. The soldiers later took Juana Ibarra to the
town of Manaully with the aim of arresting Jorge Chavez, allegedly involved in
the loss of the weapon. The latter was detained and taken to the Monzôn base,
where he was also reportedly tortured, and was apparently killed.
307. NicolIs Carriôn Escobedo was detained by army personnel
on 23 August 1996 in the locality of Uruspampa, Sanchez Carriôn province,
La Libertad, and transferred to the Sarin base. His dead body was discovered
a few hours later. The autopsy reportedly showed that he had received heavy
blows to the head and other parts of the body.
308. Oscar Yataco Barrientos was detained on 12 September 1996 in Lima by
personnel of the National Criminal Investigation Directorate (DININCRI) of the
national police. Accused of murder and child rape, he was reportedly
threatened with death and tortured. An electric current was allegedly applied
to his head once it had been wet and an attempt to throw him from an
eighth-floor window was reportedly simulated. In addition, he is said to have
been beaten after his body was covered with a wet cloth in order not to leave
traces.
309. In the night of 9 October 1996, military personnel from the Pichari and
Tambo bases entered the community of Chalhuamayo Alto, Tambo district, La Mar
province, Department of Ayacucho, and detained eight persons - DamiIn Llance
Huachaca, Fidel Palomino Vega, MIximo Huicho Huachaca, Alejandro Quispe
Huayhua, Ercilia Luchca Taype, Cirila Taype Huaracca, Maria MorIn Huayta and
Sofia Morales Yaguillo. They were all taken to the Tambo military base and
then to the Pichari base, where they were allegedly tortured and threatened in
order to obtain information about their suspected subversive activities.
Similar incidents are also reported to have occurred, on around the same
dates, in other neighbouring communities. For example, Marcelino Curi Huicho,
Fortunata Miquera Ramos and Guillermo Lôpez Urbano were detained in Mahuayura.
Mario Obando Quispe, Feliciano Obando Ramirez and Estanislao GavilIn Yulgo
were detained in the Tutumbaro community of the Ayni district; on being
released, they showed fractures and dislocations, as well as traces of
beatings.
310. Guillermo Escobedo Flores was detained on 5 October 1996 by three police
officers from Retamas, Tayabamba province, La Libertad, who accused him of
theft. At the police station he is said to have been beaten repeatedly with a
stick and threatened with electric shocks. He was later released.
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311. Leonor La Rosa Bustamante, a member of the Army Intelligence
Service (SIE) , stated on television, from the Lima military hospital where she
had been admitted on 6 April 1997, that she had been detained by members of
the army attached to the SIE and questioned under torture in connection with
allegedly having leaked confidential information about the Service. She
showed burns on her fingertips and displayed difficulties in walking and
moving one of her arms, and spoke of having been hospitalized suffering from a
vaginal haemorrhage. This occurred, she said, on SIE premises within the
“little Pentagon” at Monterrico. It is reported that she repeated these same
statements to three members of the Congress who visited her in the hospital on
8 April. On 9 April, the Minister of Defence told the Congress that four
SIE agents were being investigated by the military justice system for the
alleged torture of Leonor La Rosa. On 17 November 1997 the Government
informed the Special Rapporteur that this case was under consideration by the
military jurisdiction.
312. Between 24 February and 12 March 1997 more than 40 peasants,
including 8 juveniles, were detained by members of army infantry division
No. 31 in or near Alto lurinaki, Chanchamayo province, Department of Junin.
The army accused these persons of belonging to the Juan Santos Atahualpa
Brigade of the Tüpac Amaru Revolutionary Movement (MRTA) and claimed to have
located weapons that had been concealed in a gulley in Chancarmaz. All the
persons detained except one were released in the following three weeks by the
DINCOTE for lack of evidence. They are reported to have said that they had
been detained after hooded army informants had pointed them out, and that they
had been held incommunicado for several days, tortured and eventually handed
over to the Pichanaki police. As a result of the torture many of them
reportedly confessed or made accusations against others. Several of the
juveniles said that they had been obliged, under threat of more torture, to
accompany the army for several days and identify other inhabitants of the
region as terrorists. Others indicated that they had been interrogated by the
police in the presence of the military personnel who had detained them and
that the latter had pressed them to sign the statements which they had made
under torture. It is also reported that these statements had not always been
made in the presence of the provincial prosecutor, as prescribed by law. None
of the detainees or representatives of the Public Prosecutor's Office were
present at the place where the army allegedly found the weapons. Despite the
publicity given in the press to these incidents, the authorities have
initiated no investigation. Among the persons allegedly tortured were Inés
Marilü Avila GIlvez, Loida Soline Dionicio Antazu, aged 17, Egla Dionicio
Aritazu, aged 14, Jhonny Izurreaga Soto, aged 15, Bruno Izurreaga Soto, Emerson
Wistrecher Canepa, aged 17, Juan Oscar Mallma Casas, César Mallma Casas, José
Teôfilo Huammn Navarro, Alfonso Rojas Colca, Felix Ascencio Quichulla, José
Pascual Lôpez, Felix Jorge Romero, Martin Augusto Elguera, Aurelio Leiva
Barboza, Carlos Gonzalez Perez, Paulino Solis Taype, Fermin Corahua Orihuela,
Lauro Aquije Lizana, Jacobo Véliz Chuquin, and Juan and Dario Vargas Martinez.
313. With regard to this case, the Government reported that a representative
of the International Committee of the Red Cross had visited the detainees and
verified that they were in perfect physical and mental condition.
Furthermore, representatives of the Public Prosecutor's Office had
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participated in the investigation of the incidents, as well as in the taking
of statements from the detainees by the police, and were also examining the
forensic medical evidence in the police records.
314. Mine Zenaida Vargas LIzaro, a 14-year-old Yanesha native, was detained
on 1 March 1997 by army personnel from the command post of “Alto Comaina”
Counter-subversion Battalion No. 79, based in the locality of Villa Rica,
Oxapampa province, Department of Cerro de Pasco, in the house where she was
working in Villa Rica. She was held for two days during which she was
allegedly beaten and submerged in water. Although released, she was
prohibited from leaving the area without the army's permission.
315. Carlos Ramirez Polanco, a soldier performing compulsory military service
at Alto Comaina Counter-subversion Base No. 79, was detained on
28 February 1997. He was taken first to the Pichanaki military base and then
to “Pachacütec” Commando Base No. 31 and allegedly subjected to torture. At
the Pichanaki base, a major reportedly put a hood over his head and forced him
to incriminate another person as an MRTA member under threat of being killed,
and his body dumped into the river, and of being reported as having deserted.
When moved to the “Pachacütec” military base he was allegedly taken to the
Perené river, hooded, bound hand and foot and thrown into the water, where
attempts were made to drown him; he was then allegedly beaten brutally with a
stick. Carlos Ramirez Polanco indicated that another soldier, José Alderete
Contreras, had also been subjected to similar torture and later killed.
Urgent appeals transmitted and replies received
316. On 30 April 1997 the Special Rapporteur sent an urgent appeal on behalf
of Susana Roque Castro and Rosa CIrdenas, who had reportedly been detained on
25 April 1997 by national police officers from the Condevilla police station
in San Martin de Porres, Lima. The detention allegedly took place when the
two were leaving the home of an MRTA member who had been killed in the
incidents at the Japanese Embassy. The Government stated that no complaint or
report of ill-treatment or torture was recorded at any time, either by the
police or at the Provincial Public Prosecutor's Office.
Information received from the Government on cases transmitted in
previous years
317. Juan Abelardo Mallea Tomailla, allegedly tortured after having been
taken into custody in Lima on 10 July 1993. On 28 February 1997 the
Government sent a copy of the medical certificate issued by the Institute of
Forensic Medicine, according to which this person underwent an examination on
12 July 1993 and at that time did not show traces of recent traumatic
injuries.
318. Maria Elena Foronda and Oscar Diaz Barboza, detained
on 13 September 1994 in the town of Chimbote. On 30 April 1997 the
Government sent a copy of the medical certificates issued by the Institute
of Forensic Medicine stating that these persons were examined on 14 and
26 September 1994 and did not show traces of injuries.
E/cN.4/1998/38/Add. 1
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319. Gilber Smnchez Minaya, allegedly tortured at the Aguaytia Naval Base in
May 1994. On 18 June 1997 the Government reported that there were no
indications of this person having been detained and that he had not produced
any evidence to support his allegations.
320. Irma Villaverde Rios and Guillermo Romero Cierto, allegedly tortured at
the Aguaytia Naval Base in June 1994. On 18 June 1997 the Government reported
that these persons had been detained but had not been subjected to
ill-treatment, as was attested in a medical certificate.
321. Jesus Vladimir Osorio, allegedly tortured on DINCOTE premises in Lima in
January 1995. The Government reported that a habeas corpus action had been
brought before the Seventh Court of Criminal Investigation in Lima against
DINCOTE personnel for ill-treatment, and the application was declared
admissible.
322. David Paullo Morvelli, allegedly tortured at the Jauja Military Base in
March 1995. On 18 June 1997 the Government reported that this person had not
provided evidence making it possible to establish the veracity of the
allegation of ill-treatment and that he had not availed himself of domestic
legal remedies.
323. TomIs Flores Huanio, allegedly tortured by naval personnel stationed at
Contamana in April 1995. On 18 June 1997 the Government reported that the
alleged perpetrators of the grave injuries were being prosecuted in the
consolidated action brought against Flores Huanio himself for the offence of
drug trafficking before the mixed provincial court of Requena.
324. José Eugenio Chamaya Rumacharis died after allegedly having been
tortured by police officers in Lima on 22 September 1995. On 18 June 1997 the
Government reported that the military penal court sentenced two police
officers for abuse of authority to two years' imprisonment, together with
disqualification and payment of damages amounting to 2,000 new soles.
325. Justo Otiniano Quiflones, allegedly tortured by personnel at the Retamas
Military Base in March 1996. The Government reported that this person
withdrew his complaint in view of the fact that the sergeant allegedly
responsible admitted the facts and paid him a sum of money.
326. Juan Gutiérrez Silva, allegedly tortured by the Tocache police in
July 1996. The Government reported that the facts were being investigated at
the penal and disciplinary level.
327. Justiniano Hurtado Torres, reportedly tortured by navy personnel in
San Pedro de Chio, Humnuco, on 27 November 1994, and later held by national
police at La Aguaytia until his death on 11 December 1994. The Special
Rapporteur requested the Government to confirm the report that his death was
due to natural causes, and also to make the autopsy report available. The
Government sent a copy of the provincial prosecutor's decision to drop the
charge of aggravated homicide, as well as the autopsy report, which gave the
cause of death as “hypobolemic shock, acute dehydration, acute respiratory
insufficiency and pneumonia”
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Republic of Korea
328. By letter dated 11 June 1997, the Special Rapporteur transmitted the
case of Park Chung-ryol, Deputy Chairman of the National Alliance for
Democracy and Unification of Korea (NADUK) , who was reportedly arrested
on 15 November 1995 by officials of the Agency for National Security Planning
(ANSP) . During his detention of 21 days at the ANSP interrogation facility at
Naekukdon, some 15 officials allegedly tried to pressure him into a
“confession” that he had spied for the Democratic People's Republic of Korea
and joined the North Korean Workers' Party. He was reportedly subjected to
repeated beatings and sleep-deprivation, had cold water poured over him, was
forced to stay in a cold shower for nearly one hour each day and was forced to
remain in the same position for several hours at a time. He was reportedly
also taken to burial places where he was allegedly beaten severely by
some 20 officials and threatened with death. Upon his transfer to Seoul
Detention Centre, he was said to have been questioned and threatened daily for
long hours over the course of 30 days. He reportedly filed a complaint about
his treatment. By letter dated 15 September 1997, the Government confirmed
his arrest and detention, but stated that he had at no time been subject to
torture, ill-treatment or threats as confirmed by a medical doctor, his
lawyers and family.
Follow-up to previously transmitted cases
329. By letter dated 19 December 1996, the Government replied to
allegations transmitted by the Special Rapporteur on 24 September 1996,
concerning 18 students reported to have been tortured or ill-treated during
the Hanchongyun demonstration at Yonsei University in Seoul (see
E/CN.4/1997/7/Add.1, paras. 402-404). In its reply the Government confirmed
the arrest of 12 of the 18 students (Kim Man-Soo, Yang Han-Seung, Cho Hyong-
Kyu, Park No-Chil, Kim Kang-Shik, Ii Seung-Joon, Ii Jae Hyun, Cho Yoon-Joo, Oh
Oon-Shik, Oh Seung-Joon, Myoung Ho and Jung Jae-Hoon), the first S of whom
were found to have been injured upon their arrival at the police stations.
Investigations by the authorities had failed to find any evidence that their
injuries were due to ill-treatment by the police. By way of example the
Government referred to the case of Kim Man-Soo whose allegations of abuse had
been investigated by the Seo Bu Prosecutors' Office. The investigations had
indicated that Kim Man-Soo had been arrested because he was wielding a steel
pipe when resisting surrender. Riot police officer Lee Yong-soo had to disarm
him by hitting his right hand which was holding the pipe. He had been treated
for his hand injury. According to the Government Kim Man-Soo had later
retracted his initial allegation that he was abused in police custody, after
he was faced with officer Lee's account. The Prosecutor's Office had
therefore concluded that his allegations were false and closed the case. The
Government further stated that the demonstration had been illegal, represented
a serious threat to peace and security of the nation and its democratic
system, and had been extremely violent as illustrated by an unprecedented
record of injuries suffered by the police. Students had been armed with
thousands of steel pipes, fire bombs and stones. Given the record of
casualties suffered by the police, media monitoring of the demonstration and
the dispatching of some 30 prosecutors to each police station to ensure that
student interrogations were conducted in a proper and lawful manner, the
Government found it much more likely that the alleged injuries were suffered
E/cN.4/1998/38/Add. 1
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when the students resisted police attempts to disperse the crowd. The
Government added that none of the 18 students had lodged a formal complaint,
but that it would conduct follow-up investigations if complaints were filed.
In this connection, the Government said that the Seoul District Prosecutors'
Office would start investigations into the formal complaints of seven female
students who alleged that they had been sexually harassed by the police during
the demonstration.
330. In response to the Government's reply, the Special Rapporteur
transmitted on 11 June 1997 additional information from the source that
Kim Man-Soo had not in fact withdrawn the allegation and indeed had never
again been questioned by the police following his initial interrogation. The
Special Rapporteur also transmitted additional information from the source
alleging that Kim Man-Soo during his arrest on 20 August 1996 by officer
Lee Yong-soo had allegedly been indiscriminately beaten all over the body with
batons and fists by officers. On the police bus, he and other arrested
students were reportedly subjected to further beatings, as a result of which
Kim Man-Soo suffered broken bones in his right hand. Sul Jae-wook was
allegedly beaten on the face and received cuts over his left eye and bruises
inside the eye. Nam Kwan-woo allegedly had his head badly cut open. The
source further asserted that Kim Man-Soo had never held a metal pipe during
his arrest, but that seven male students with heavy physiques, including
Kim Man-Soo, were made to hold metal pipes and photographed with seven
officers next to them. One of the seven, student Kim Won-deuk, reportedly
resisted having his photograph taken and was apparently ill-treated as a
result. Kim Man-Soo had reportedly presented evidence of his ill-treatment at
his trial, but was said to have been convicted on 7 November 1996 at the Seoul
Seo Eu District Criminal Court.
331. On 15 September 1997, the Government replied that the Korean Court
remained of the opinion that Kim Man-Soo's claims were false. He had admitted
all charges against him, including the use of a steel pipe, and had received a
prison sentence of 18 months with a probation period of 2 years. Following
his release, he had withdrawn his appeal to a higher court. Sul Jae-wook and
Nam Kwan-Woo had been indicted on the same charges and sentenced to the same
prison and probation terms. They also withdrew their appeals. Regarding the
allegation that the students were forced to hold steel pipes for staged
photographs, the Government stated that there was no need to fabricate any
evidence. No injuries requiring medical attention had been found on the
bodies of Sul Jae-wook, Nam Kwan-Woo and Kim Won-Deuk. None of them, nor
Kim Man-Soo, had charged the police with ill-treatment or claimed reparation
for injury.
332. By the same letter of 11 June 1997, the Special Rapporteur requested
follow-up information on the previously submitted case of Park Chang-hee, who
had allegedly been tortured during interrogation by the ANSP following his
arrest on 26 April 1995 and concerning whose case the Government had replied
that investigations were still going on (E/CN.4/1997/7/Add.1, para. 400). In
this connection, the Special Rapporteur also transmitted concerns expressed by
the source that the family had reportedly not yet received a response from the
authorities some 15 months after filing the complaint nor any medical
documentation about his treatment in detention. On 15 September 1997, the
Government replied that Park Chang-hee had been sentenced to three years and
E/CN. 4/1998/38/Add.1
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six months in prison by the Supreme Court on 14 June 1996. Accusations by his
son of corruption and violent conduct against the public prosecutor had been
rejected as groundless. Park Chang-hee had been allowed to meet with his
lawyers and family without restriction and had himself denied having been
tortured or mistreated. He had undergone 19 health examinations, the results
of which were only furnished to outside hospitals for the purpose of medical
treatment.
Romania
333. In a letter of 9 July 1997, the Special Rapporteur transmitted
allegations to the Government on the following individual cases.
334. Toader Pahomi, arrested on 19 September 1994, and taken first to the
police station of the Arbore commune, Suceava district, and later to the
Suceava District Police Inspectorate, was allegedly handcuffed to a chair and
severely beaten by three police officers in order to extract a confession. A
complaint was filed with the General Prosecutor's Office of the Supreme Court
of Justice on 12 April 1996 and the General Public Prosecutor of Romania
on 3 February 1997.
335. Victor Mandiuc was arrested on 9 August 1995 and taken to the lasi
District Police Inspectorate, where he allegedly died on 14 August 1995
following severe beatings by another prisoner under instructions of police
officers. An investigation was initiated by the lasi Military Prosecutor's
Office.
336. Nelu and Radu Mirea were arrested on 6 November 1995 at Victoria
commune, Mihai Bravu village, then taken to the Braila District Police
Inspectorate. They were allegedly beaten severely with fists and rubber
sticks in order to extract a confession, and reportedly remained incommunicado
for more than one month. A complaint was filed with the General Prosecutor's
Office on 2 November 1996.
337. lonel Deliu, Gheorghe Padure and Lazar-Costica Stegaru were arrested
on 30 May 1996 in Piscu commune, Galati district, and taken to the local
police station, where they were allegedly beaten by three sergeants during a
detention period of about 24 hours. The three police officers were prosecuted
and given suspended sentences of two years' imprisonment. No disciplinary
measures were reportedly taken against them and they continued in the same
jobs they had occupied prior to the incident.
338. Florin-Adrian Gavris was arrested on 23 June 1996 and taken to the
police station in the Diosig commune, Bihor district. He was allegedly
kicked, beaten with fists and rubber sticks and had his head hit against a
table. A medical examination of 24 June revealed extensive bruising
consistent with the use of a blunt object. A complaint filed with the Bihor
District Police Inspectorate was unsuccessful. A complaint was also filed
with the Military Prosecutor's Office in Bihor on 1 December 1996.
339. Ovidiu Tamas was arrested on 22 June 1996 and taken to the police
station in Diosig commune, Bihor district, where he was allegedly beaten by
four officers. A medical certificate was said to indicate the existence of
E/cN.4/1998/38/Add. 1
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injuries caused by a blunt object. The case was reported to the head of the
Bihor District Police Inspectorate without success. Complaints were also
filed with the Bihor and Oradea Military Prosecutors' Offices in November 1996
and February 1997 respectively.
340. Upon arrest by police officers in TSrgu-Mure on 7 July 1996,
Gheorghe Notar, loan Otvbs, and Rupi Stoica, all minors, were reportedly
slapped and beaten. At the police station, Gheorghe Notar was allegedly hit
on the back while climbing some stairs, making him fall and lose consciousness
for a brief period. The beating of the three youths continued intermittently
during an interrogation which lasted for several hours. A complaint about
police ill-treatment was filed with the Military Prosecutor.
341. Daniel Potroghiru was arrested on 16 August 1996 and taken first to the
police station in the Margineni commune, Bacau district, and then to the Bacau
District Police Department. During his detention he was allegedly handcuffed,
hit with the handle of an axe on the chest and a rubber stick on the head, and
given electric shocks, as a result of which treatment he had to be
hospitalized. The case was reported to the Military Prosecutor's Office
on 30 April 97.
342. Marious-Liviu Neculaescu was arrested on 17 August 1996 in Fieni, and
reportedly taken to the Fieni Police Department, Dambovita district, where he
was severely beaten with fists and rubber sticks. He suffered severe damage
to his spleen as a result, and had to be operated on.
343. On 11 December 1996, Adrian Sandu and Mihail Alexandrescu were arrested
in the Distor district of Bucharest by police officers who allegedly
encouraged their dogs to attack the two men. They were reportedly beaten
severely at the same time. A medical examination was said to establish the
presence of bite marks on the legs as well as many bruises on the face and
body.
344. Cristian Rasnoveanu was arrested by police officers on 24 December 1996
in Braila. Two hours after the arrest, his father allegedly saw him lying
unconscious with signs of blows all over his body. The victim later reported
having been sprayed with a paralysing substance and beaten with a rubber
baton.
345. Ion Axente reportedly attempted to intervene in a dispute between
a villager and the chief of police of Piscu commune, Galati district,
on 29 January 1997. The police officer allegedly sprayed a paralysing
substance on Ion Axente's face and then kicked and beat him severely causing
serious brain damage. As a result, he fell into a coma from which he never
recovered and died in hospital on 13 May 1996. A complaint was filed with the
Military Prosecutor's Office in lasi on 1 March 1996, but it was decided not
to initiate criminal investigations.
346. Jmnos Dbngolb and Mihály Rozs, both aged 18, were allegedly beaten by
police in a bar in FSntSnele, Mure , then in the local police station. They
were hospitalized for 12 and 8 days respectively as a result of their
injuries.
E/CN. 4/1998/38/Add.1
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Russian Federation
347. By letter dated 17 November 1997, the Special Rapporteur transmitted to
the Government the following cases.
348. Mikhail Yurochko, Yevgeny Mednikov and Dmitry Elsakov were
reportedly arrested in connection with a murder case on 24 September 1993.
Mikhail Yurochko and Yevgeny Mednikov were reportedly found guilty of murder
and sentenced to death. Dmitry Elsakov was said to have been sentenced to
15 years' imprisonment. All three allegedly stated that their confessions had
been obtained under torture. Mikhail lurochenko was reportedly subjected to
beatings, food deprivation, rape by his cell-mates with the authorities'
connivance and threatened to commit suicide. Yevgeny Mednikov allegedly
suffered similar ill-treatment. Dmitry Elsakov was said to have had
boiling water poured on him. His brother was reportedly forced to testify
against him after having been interrogated for seven days without sleep. In
November 1995, the Supreme Court of the Russian Federation reportedly
overturned the death sentences and referred the case back to the stage of
preliminary investigation.
349. Nikolay Andreevich Abramov, from Mordovia, was reportedly arrested
on 11 April 1994, accused of stealing a tractor. He was said to have
been subjected to beatings and the konvert and lastochka methods
(see E/CN.4/1998/38, para. 164) by members of the Criminal Investigation
Department (CID) . Aleksandr Derkayev was allegedly arrested in connection
with the same case and is said to have suffered a broken rib as a result of
beatings. Criminal proceedings against the CID officers alleged to be
responsible have reportedly been instituted.
350. Sergey Osintsev, and some other unnamed prisoners detained in solitary
confinement cells at the labour colony YaP 17/1 in Stavropol Territory, were
allegedly attacked on 12 April 1994 by special troops searching the colony.
After having been forced to take off their clothes, they were reportedly
severely beaten and kicked. Sergev Osintsev was allegedly threatened with
death if he registered a complaint.
351. Aleksandr Voevodin, a staff member of the “Gepard” company in Mordovia,
was reportedly arrested with four other staff members in August 1994. They
were allegedly subjected to torture by members of the CID of the Ministry of
Internal Affairs to make them confess to criminal acts. Aleksandr Voevodin
was said to have been forced to wear a gas mask of with the air supply cut off
( slonik ) . He was reportedly beaten on his genitals and threatened with
hanging. Investigations into the alleged torture and ill-treatment were said
to have been instituted.
352. Aleksandr Vladimirovich Ashenkov, from Mordovia, was allegedly arrested
on 22 August 1994 and taken to the Leninsky district of the Regional
Department of the Internal Affairs (ROVD) , where he was allegedly beaten and
forced to write a confession. No criminal proceedings were said to have been
opened due to lack of corpus delicti .
353. Yelena and Irma Smirnova, were reportedly severely beaten by police
officers when arrested in Moscow on 13 September 1994 on charges of
E/cN.4/1998/38/Add. 1
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misappropriation of State property. According to medical certificates,
Yelena Smirnova sustained injuries to her right arm, left ribs and rib cage.
They were reportedly released after 36 hours. She was, however, said to have
been re-arrested on 26 August 1995 and still awaiting trial in April 1997.
She was reportedly detained with more than 60 other detainees in a cell meant
for 24 persons. Food and medical care were allegedly insufficient and several
detainees were said to suffer from infectious diseases. Yelena herself was
reportedly suffering from a serious skin disease. Requests to open a criminal
investigation into their alleged ill-treatment had reportedly been refused.
354. Jthdrey Evgenyevich Arekhin, a 16-year-old boy from Mordovia, was
reportedly arrested on 14 November 1994, accused of arson. At the ROVD in
Saransk, he was allegedly subjected to the slonik method and beaten on his
legs, chest and kidneys in order to extract a confession. In December 1994,
the Procurator's Office of the district reportedly found no evidence of the
alleged ill-treatment and Andrey Evgenyevich Arekhin was said to have
withdrawn his allegations during investigation.
355. Vladimir Firsov, a 16-year-old student, was reportedly arrested with
Dmitry Bogdankevich on 24 November 1994, suspected of murder. They were
allegedly subjected to torture and ill-treatment during interrogation in the
Leninsky district of the Regional Department of the Internal Affairs.
Vladimir Firsov reportedly sustained contusions of the spine and left hip
joint. A criminal investigation into the alleged ill-treatment was said to
have been closed due to lack of evidence.
356. Hasan Khamidov, from the village of Terskoe in the Chechen Republic, was
allegedly tortured during his detention at the “filtration camp” in Mozdok in
January 1995. His feet were reportedly cut with a bayonet blade and burned
with cigarettes by Russian guards.
357. Ruslan Hajiev, from Grozny in the Chechen Republic, was reportedly
beaten with a club on the head during interrogation at the camps in Mozdok and
Stavropol, in January 1995. The beatings allegedly resulted in the loss of
his eyesight.
358. 5. Baskakov, a 14-year-old boy, was reportedly taken from school by
police officers in Magadan. They allegedly handcuffed him, forced him to wear
a gas mask and beat him with boxing gloves. The boy reportedly had to be
hospitalized with concussion and disfunctioning kidneys. A criminal case was
said to have been opened against the officers in the beginning of 1995, but
none of them had reportedly been tried by April 1997.
359. V. Polyakov, a 16-year-old boy, was reportedly beaten at the police
department in Magadan. He was also said to have been taken to a swamp outside
town, where he was handcuffed, stripped, left hanging in a tree for one hour,
and hung upside down in a well. In August 1995, a criminal case was
reportedly opened against the officials.
360. Oleg Igonin, from Mordovia, reportedly died in detention as a result of
torture on 26 July 1995. He was said to have been subjected to slonik during
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interrogation by officials of the ROVD. According to medical examination, he
died, strangled by hands. By December 1995, two police officers had
reportedly been charged with his murder.
361. Oleg Kovalenko, Konstantin lunak and lury Dikhtyarenko, from Madagan,
were reportedly arrested by the police on 6 October 1995 on suspicion of
theft. During interrogation at City Police Department No. 1 they were said to
have been repeatedly subjected to torture for several days. Oleg Kovalenko
was allegedly beaten with his hands handcuffed behind his back and subjected
to slonik for 1 hours. luri Dikhtyarenko was allegedly beaten all over his
body while handcuffed. They reportedly stripped him of his clothes and tried
to insert a chair leg in his rectum. He was also said to have been subjected
to slonik close to the point of suffocation. Konstantin lunak was reportedly
severely beaten. A criminal case was said to have been opened against several
police officers.
362. Pavel Fedorov, a detainee in the labour colony UG-42/7 in the
Arkhangelsk region, was reportedly severely beaten by officials of the
Department of Internal Affairs on 13 October 1995. Although several of his
ribs were said to have been broken, medical care was reportedly withheld. In
December 1995, the regional office of the Procurator of Arkhangelsk was
reported to have admitted his ill-treatment, but allegedly refused to open a
criminal case.
363. Dmitry Zhukov, a soldier based on the island of Severny Berezovy in the
Finnish Gulf, reportedly had food rations withheld by the commanding officer
of the base as punishment for his alleged slow work. It was further alleged
that he was severely beaten and was seen eating from a dog bowl. In
December 1995, he was reportedly hospitalized with serious starvation trauma,
multiple injuries to his back and head, stomatitis and beginning kidney
failure. A criminal investigation was said to have been started against the
commanding officer.
364. Denis Jthdreyev, a soldier, was allegedly assaulted in the night
of 27 December 1995 by two drunk officers in his unit where he had just
returned after having been hospitalized for a broken leg. According to the
information received, the officers beat him unconscious. He was then
reportedly locked up for 35 days as disciplinary punishment and medical care
was said to have been refused him. The Office of the Military Procurator of
the Sertolovsky garrison in the military district of St. Petersburg reportedly
refused to open a criminal case.
365. Uvanchaa Dozur-ool Mongushevich, a novice monk from St. Petersburg, was
drafted into the army in 1995 and sent to Khabarovsk region, allegedly despite
his conscientious objection. He was reportedly severely beaten by
fellow-soldiers as a result of which he was hospitalized with two broken legs.
366. V.N. Ishenko, a worker, was reportedly arrested by the police
on 9 February 1996 and detained for three days in Moscow police department
No. 42, where he was allegedly subjected to repeated beatings while being told
to confess to several crimes.
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367. Oleg Fedorov was reportedly arrested by two high-ranking, drunk
officials of the Regional Department of Internal Affairs in Arkhangelsk
on 17 February 1996. After having been interrogated for two hours, during
which he was allegedly subjected to severe beatings, he was said to have asked
permission to go to the toilet, jumped out of the window from the fourth floor
and died. The two officials were reportedly charged for exceeding their
authority and dismissed. In May 1996 the criminal investigation was allegedly
closed due to lack of evidence.
368. Evgeny Lisitsky, an Afghanistan war veteran, was allegedly arrested
on 29 February 1996 by the police in Volgograd for not carrying his passport.
At police station No. 7 of the Regional Department of Internal Affairs, he was
allegedly beaten for two hours while his hands were handcuffed. He was said
to have died in custody, reportedly as a result of heart failure. The
regional office of the procurator reportedly opened a criminal investigation
against the officials alleged to be responsible.
369. Mikhael Kubarsky and Nikolay Mikheyev, both soldiers in the town of
Khabarovsk, reportedly died of starvation in March 1996. Mikhael Kubarsky was
said to have died on 20 March following which 55 other soldiers were
hospitalized with starvation trauma. Nikolay Mikheyev, who died later, was
reportedly among them. In connection with to their deaths, the commander of
their unit was reportedly dismissed and nine other officers disciplined, but
no criminal investigation was said to have been initiated.
370. Salambek Hamzatov, a displaced resident of Chechnya living with four
other adults and six children in an apartment in Moscow, was reportedly
beaten, kicked and hit with truncheons and gun butts by 10 to 13 armed
masked men led by an unmasked police officer when they entered his apartment
on 22 March 1996. The men, who reportedly entered the apartment without
identification, were said to have confiscated the passports of the adults and
beaten the men in front of their wives and children for about one hour. One
of the women, Raisa Abdurahmanovna Gunayeva, was reportedly also beaten and
threats were directed at the other women. One child, A. Takayeva (12 years
old), allegedly went into shock. It has further been alleged that the armed
men cut off the telephone and forbade calling for medical assistance. They
were said to have threatened, in particular, U.A. Akayev with death for his
opposition to the conflict in Chechnya. Medical services were reported to
have initially refused to assist them.
371. Said Selim Bekmurzayev and his son Sultan Bekmurzayev, displaced
residents of Chechnya, were allegedly beaten in their apartment in Moscow
on 23 April 1996 by 10 masked, armed officers of the Department for Fighting
Organized Crime (RUOP) . The men had reportedly entered the apartment without
identification. Accusing father and son of collaboration with Chechen
fighters, they allegedly beat them before detaining them at the Moscow City
Department of Internal Affairs.
372. Sergey Bannikov, a navy draftee in Kronstadt, was reportedly severely
beaten and bullied by fellow-soldiers. As a result, he was said to have
tried several times to escape, but was beaten after each failed attempt.
He was allegedly forced to write a farewell letter in which he stated he
wanted to commit suicide but that nobody was to be blamed for his death.
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On 7 August 1996, following an escape attempt, fellow-soldiers and a
commanding officer allegedly tried to hang him, leaving traces of a rope on
his neck and leading to partial loss of his voice. The soldiers were said to
have continued beating him until he became paralysed and lost consciousness
on 25 August 1996 after which he was hospitalized. An administrative
investigation by the military authorities reportedly found that one
fellow-soldier had violated the rules of conduct between servicemen.
On 15 January 1997, the commanding officer was reportedly found guilty of
“offending his subordinate” by the Military Court of Kronstadt garrison. He
was said to have admitted having hanged Sergey Bannikov in front of other
soldiers, but claimed that it was not his intention to end his life or cause
him physical harm. He was reportedly punished to limitation of service to one
year, withholding 10 per cent of his remuneration and payment of 2 million
rubles' compensation to Sergey Bannikov for “moral damage”. The court's
decision was reportedly appealed.
373. Saidkhamzat Jthumuslimov, Adam Saigatkhadzhiev, Jthdi Vagapov and
Adnan Jthumuslimov, all of Chechen origin, were reportedly beaten at the
apartment of Saidkhamzat Abumuslimov on 17 June 1996 by 15 masked, armed men
believed to be officers of the special police units (OMON) . Visitors
A udi Vagapov and Adnan Abumuslimov were reportedly subjected to similar
treatment.
374. Salim, an Afghan asylum seeker, was reportedly stopped by three police
officers in Moscow on 4 July 1996 and asked to identify himself. While
showing his passport, the officers allegedly insulted Salim and tore up his
passport. One of the officers allegedly cut the top of his thumb with his
bayonet.
375. Ian Igorevich Mavlevich, said to have been mentally ill since childhood,
was allegedly assaulted by police officers in police station No. 102 in Moscow
in order to extract evidence, before he was charged, on 23 May 1997, for
premeditated serious physical harm. He was reportedly beaten with a club,
subjected to the lastochka method, beaten on the soles of his feet and had a
plastic bag put on his head. Both the Perov and Moscow offices of the
procurator had reportedly refused to institute criminal proceedings against
the police officers alleged to be responsible, due to lack of objective
confirmation of the allegations. An appeal was said to be pending at the
Office of the Procurator General of the Russian Federation.
Information received from the Government on cases included in the 1997 report
376. By letter dated 28 March 1997, the Government replied to several
allegations the Special Rapporteur had transmitted in his letter
of 23 September 1996 (see E/CN.4/1997/7/Add.1, paras. 417-428)
377. Concerning the alleged ill-treatment of Chechen nationals at the
Mozdok filtration camp, the Government replied that the available
information indicated that the only person detained at this location,
Mohamed Rachid Akhmetovich Pliev, who had allegedly been beaten and subjected
to electric shocks (see E/CN.4/1997/7/Add.1, para. 420), had been released
on 24 January 1995. With respect to the detention conditions at the
filtration posts, the Government replied in general that, at the time they
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were in use, the posts had been visited many times by a delegation of the
State Duma, other political officials, including leaders of the Chechen
Republic, members of the Office of the Procurator General and of the regional
procurators' offices, as well as representatives of the International
Committee of the Red Cross and the Organization for Security and Cooperation
in Europe, who had not received a single complaint from the detainees
regarding the detention conditions. Also, allegations of incidents of torture
and cruel treatment by members of the armed forces had not been confirmed. As
for allegations that troops of the Russian Ministry of Interior had resorted
to the use of electric shocks, the Government emphasized that these units had
not been provided with such equipment. However, the various prosecutors'
offices and the Ministry of Interior are in the possession of information
indicating that certain criminals, disguised as soldiers of the federal
forces, commit atrocities in order to compromise attempts to find a political
solution to the crisis in the Chechen Republic.
378. Concerning the case of Dimitry Valeryevich Kalitsinsky, V.N. Uyupin and
K.E. Shekhovtsov, whose statements had reportedly been extracted under torture
by police officers (see E/CN.4/1997/7/Add.1, para. 427), the Government stated
that they had been sentenced in March 1996 by the court of Uglegorsk to six
years' imprisonment under article 145, paragraph 2 (aggravated robbery), and
article 146, paragraph 2 (aggravated robbery with violence) , of the
Russian Criminal Code. During the pretrial investigation, the accused had
claimed that the police officers had tried to extract statements by force.
These allegations had been examined by the prosecutor's office of Uglegorsk,
without results, nor had they been confirmed during the hearing. Having
established that none of the accused had been subjected to physical violence,
the court had therefore considered their statements as a means of protecting
their interests.
379. With respect to the case of Sultan Kurbanov, a Chechen who had
reportedly been arrested by the police and subsequently been beaten
(see E/CN.4/1997/7/Add.1, para. 428), the Government stated that he had been
admitted to city hospital No. 1 on 16 January 1996 with bruising of the head
and eye. In the waiting room, he indicated that he had been attacked by
unknown assailants. After he had received the necessary medical care, he left
the building. Allegations that the hospital would not treat Chechens were
unfounded, according to the Government.
Rwanda
380. On 23 January 1997 the Special Rapporteur, in conjunction with the
Special Rapporteurs on the situation of human rights in Rwanda, on
extrajudicial, summary or arbitrary executions, and on the independence of
judges and lawyers, transmitted to the Government an urgent appeal concerning
trials for genocide and crimes against humanity that were then under way.
According to the reports received, the trials were being conducted in a
fashion that did not fully allow for the due process called for in
international instruments. In particular, there were said to be incidents in
which the accused had been mistreated before attending a hearing.
381. On 30 May 1997, the Special Rapporteur, in conjunction with the
Chairman-Rapporteur of the Working Group on Arbitrary Detention, sent the
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Government an urgent appeal concerning Zilpa Mukabarinda. She was said to
have been arrested on 23 March 1997 in Bwakira, Kubuye, where she was beaten
and raped in a wood by five armed individuals in military uniform. She was
then allegedly detained in the commune of Kivumu, Kibuye, where her injuries
were left untreated and her family was not allowed to visit her.
Senegal
382. By letter dated 23 January 1997, the Government sent replies concerning
the cases below.
383. Lamine Samb, who was arrested in Dakar on 17 February 1994 and died in
hospital two days later, having been tortured. The Government replied in
June 1994 that he had died of a heart attack. According to additional
information which reached the Special Rapporteur in 1996, Samb had been
deprived of food and tortured, and the results of his autopsy had supposedly
been kept confidential. The Government sent the Special Rapporteur the
results of the autopsy showing that Samb had died of a heart attack which a
hereditary condition - but one that would not normally have had such
consequences - had helped to bring on.
384. Mariême Ndiaye, was arrested twice in September 1995 and allegedly
tortured on both occasions. Police officers had supposedly been arrested as a
result of her complaint. In its letter dated 23 January 1997, the Government
stated that the suspected culprits had been charged, and the case was
following its course in the First Examining Magistrate's Office in Dakar.
385. louba Badji, Bacary Diedhiou and Anice Sambou, arrested near Niaguis
between January and April 1995 and allegedly dead as a result of torture. The
Government informed the Special Rapporteur that no one answering to those
names had been arrested in the circumstances described. louba Badji, it said,
had fled to Guinea-Bissau, where he was said to have died of an illness,
Jthice Sambou had been sheltering in Gambia since 1992, and Bacary Diedhiou had
joined the underground and might have been killed in an incident between
elements of the army and freedom fighters.
386. Demba Ndiaye, the Mayor of Goudomp, was said to have been tortured
following arrest in Ziguinchor in 1995. According to the Government, Ndiaye
had in fact said in an official statement dated 4 November 1996 which was
appended to the letter that he had never been tortured and had never lodged a
complaint.
Spain
387. By letter dated 26 May 1997 the Special Rapporteur transmitted to
the Government the following cases, with respect to which it replied
on 4 August 1997.
388. Jorge Garcia Sertutxa, an inmate at the Alcall Meco prison, Madrid.
On 17 May 1996 two officials of unit 6 reportedly brought Mr. Garcia Sertutxa,
insulting and pushing him, to unit 7, where they allegedly asked him to get
undressed in order to make a body search. The detainee reportedly did not
refuse but, on the basis of the applicable legislation, requested a
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dressing-gown. The officials are said not to have acceded to this request and
to have given the detainee a beating, with kicks and punches to his whole
body. They also reportedly took off his clothes and forced him to bend over.
The detainee is said to have asked the prison doctor for a report, but the
latter allegedly refused to hand it over, affirming that he would send the
report to the administration and the judge. Mr. Garcia Sertutxa is said to
have complained about the incident to the prison examining magistrate. The
Government reported that the inmate was taken to unit 7 and submitted to a
body search for failing to observe discipline. On meeting resistance the
officials were duty-bound to use physical force. On 18 May, immediately after
the incidents in question, the inmate was examined by the medical service,
which found him to have light injuries consisting of abrasions on the right
side and a linear abrasion in the right frontal region. The inmate lodged an
appeal with Prison Examining Magistrates Court No. 3 in Madrid, but the appeal
was dismissed.
389. Jthder Uribarrena Otxoa, an inmate at Puerto I prison. On 6 August 1996,
during a morning inspection, a group of six officials reportedly took
Mr. Uribarrena Otxoa to the isolation ward and obliged him to undress. When
he refused the officials allegedly jumped on him, insulting him and delivering
blows to his face and other parts of the body. Two days later, during a
visit, members of his family reportedly noticed bruises on his arms and legs.
His mother is said to have filed a complaint with the Bilbao police court.
The Government reported that the inmate had insulted and threatened the
officials, and for that reason it was decided to transfer him to another
department. The inmate resisted this transfer, and punched and kicked the
officials concerned, thereby making it necessary to use physical force. The
subsequent medical examination found Mr. Uribarrena Otxoa to have light
injuries consisting of scratches on his back.
390. Asier Guridi Zalofla, an inmate at Los Rosales prison, Ceuta.
On 19 November 1996 he is said to have been beaten repeatedly by a group of
officials, causing him multiple bruises and bleeding in the right ear, for
which he received treatment from the prison doctor. He is also said to have
been examined, on 21 November, by a forensic physician. The Government
reported that the inmate had attacked an official, making it necessary to use
physical force to subdue him. As a result of the incident and according to
the subsequent medical examinations, the official was found to have suffered
bruising on the kneecap and the inmate to have sustained injuries diagnosed as
light, consisting of haematomas, scratches on the nose, and erythema in the
left lumbar region. Ceuta Examining Court No. 4 instituted proceedings, which
are still pending, as a result of the communication from the director of the
establishment, and the charges of the inmate and the official have been joined
in these proceedings.
391. Luis Iruretagoiena Lanz was handed over on 8 June 1996 by the
French authorities to the Civil Guard, which transferred him to Madrid.
Until 11 June he is said to have been held incommunicado and tortured with
methods including the use of electrodes, a plastic bag placed over the head,
blindfolding and beatings. On 11 June he was brought, assisted by officially
appointed counsel, before the magistrate of Central Investigating Court No. 3,
who reportedly ordered him to be detained incommunicado. His detention in the
Alcall Meco prison is said to have been extended until 11 July, when his own
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lawyer was reportedly able to visit him for the first time. The
Government reported that Mr. Iruretagoiena was seen by a doctor on 9, 10
and 11 June 1996, and that the medical reports mentioned no marks on his body
consistent with the treatment alleged by the detainee; in his statements to
the Civil Guard, in the presence of officially appointed counsel, he did not
claim to have been subjected to ill-treatment, nor did he do so when he
appeared before the judge; none of the 11 lawyers assisting him reported
ill-treatment. In the absence of any complaint, the judge did not order the
opening of an investigation.
392. On 24 January 1997 the Special Rapporteur transmitted to the Government
the case of Josu Arkauz Arana, concerning which he had received information
from non-governmental sources indicating that this person had been tortured
after he was handed over by the French authorities to the Spanish authorities
on 13 January 1997. On 19 February 1997 the Government replied in detail to
the above-mentioned complaints. It indicated in particular that the detainee
had undergone 10 medical examinations between 13 and 16 January and that none
of them had found signs of violent treatment. Having examined the various
reports, including that of the doctor appointed by the family, Central
Examining Court No. S ruled that there was no evidence of unlawful conduct
involving ill-treatment. The Government's reply was communicated to the
complainants, who transmitted the following additional information to the
Special Rapporteur. During the transfer from Figueras to Madrid, the Civil
Guard officers inflicted numerous blows on Josu Arkauz with the palm of the
hand, especially to his head. When he reached Madrid they masked him and
took him to an office, hitting him about the head until they reached it. The
mask was kept on for the whole of the time and they removed it only when
the forensic physician arrived. They put a plastic bag over his head
for 10 minutes on several occasions, so that he was unable to breathe and
eventually lost consciousness. After the first forensic examination it was
not put on again. During the interrogations he received many blows with the
palm of the hand as well as hard slaps on the ears. He also reported that
they pretended to give him electric shocks and that he received numerous death
threats against himself and his family. He stated that the treatment became
softer after the forensic physician's visit. On 11 March 1997 he filed a
complaint about these matters with Bilbao Examining Court No. 6. The
complainant also transmitted a report prepared by the family physician stating
as follows. Most of the ill-treatment and torture alleged by the patient
leaves no external physical evidence, and hence it cannot be concluded from
the absence of physical signs that such ill-treatment did not take place. As
to causing asphyxia by using a plastic bag, in order to observe changes in the
amounts of oxygen and carbonic acid gas in the blood, it would be necessary to
measure the gases immediately after the application of this method, since
recovery is very rapid. In a blood test there was observed to be a distinct
elevation of a muscle-damaging enzyme called CPK. This distinct increase in
CPK may be compatible with localized muscular damage caused by the blows
allegedly received by the patient. Concerning these new data, the Government
reported that the complaint of ill-treatment was filed two months after the
alleged incidents, a fact that did not seem logical, and that the complaint
was being dealt with by Central Examining Court No. S. The family doctor's
report is said to have been taken into consideration in that context.
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Sri Lanka
393. In a letter of 10 July 1997, the Special Rapporteur transmitted
allegations concerning the cases summarized below.
394. On 17 March 1997, Velan Rasamma and her sister, Velan Vasantha, were
allegedly raped repeatedly at their home in Mayilampaveli Colony, Batticaloa
district, by four soldiers from the Mayilampaveli army camp who were said to
have forced their way into the home. Complaints were made to the local police
at Eravut and the Joint Operations Commander.
395. Murugesupillai Koneswary was reportedly subjected to harassment by
officers of the Central Camp police station after she had made a complaint
that the officers had stolen timber from her residence in 11th Colony village.
On 17 May, persons believed to be police officers allegedly entered her home
and raped her, after which they threw a grenade at her genitals, which
resulted in her death. An inquiry reportedly ordered by the President of
Sri Lanka into the alleged rape and killing was said to be under way by the
Criminal Investigation Department.
Sudan
396. The Special Rapporteur transmitted urgent appeals, on the dates
mentioned in brackets, on behalf of the following persons. All urgent appeals
were made in conjunction with the Special Rapporteur on the situation of human
rights in the Sudan. The allegations as well as any Government replies
received are summarized below.
397. Twenty-six persons were reportedly arrested in Khartoum in late
December 1996 and early January 1997 and were said to be held incommunicado at
Kober prison. They allegedly included several members of the Umma Party and
of the Ansar religious order, some former government officials and lawyers, a
former member of the Sudan Doctor's Union, a member of the Democratic Union
Party and a member of the Communist Party: Abdel Nabi Ahmad, Adam lousif,
Fadl al-Nur Jabir, Fadlalla Burma Nasir, Hashim Awad Abdel Magid, Abdel Mahmud
Haj Saleh, al-Haj Abdelrahman Abdallah Nugdallah, al-Haj Ibraheem Nugdallah,
Abdel Rasoul al-Nur, Mohamed Ismail al-Azhari, Sayed Ahmad al-Hussein, Mustafa
Abdel Gadir, Al-Fadl Adam, Ibrahim Ali, Bakri Adel, Ali Mahmud Hassanein,
Nagib Nejm al-Din, Omer Mohamed Omer, Mohamed Mahil, Ali Amda Abdel Magid,
Mohamed Satti, Mahdi Abderahman Ali, Mahamed al-Mahdi, Dr. Naggeb Hassan
el Toum, al-Haj Madwi, Awad Al-Kareem Mohammad Ahmad, Sadiq Yosef
(17 January 1997)
398. Fourty-four names were added to the above-mentioned urgent appeal. The
persons were allegedly arrested in early January 1997 in Khartoum and
transferred to an unknown location. Among them were several members of the
Umma Party, the Communist Party, the Democratic Unionist Party, trade
unionists, lawyers, former government officials, an imam and a journalist:
Fadella Mohamed Hashim, Yahya Ali Abdalla, Abdel Latif Gimiabi, Bushra Mahdi
Bushra, Ismail Adam Ali, Al-Fadl Hamad Diab, Mohamed al-Sil, Baba Saafi,
al-Haj Karoum, Mohamed Adam, Abdel Karim Karomal, Abdel Aziz al-Rufai, Gaafar,
Kouko, Mohamed Abdin Osman, Ali Simat, Yahya Mudalal, Saudi Darraj, Taha Said
Ahmed, Abdalla Malik, Nasr Ali Nasr, Kamil Abdel Rahman al-Sheikh, Ali Ahmed
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al-Said, Mohamed Mahjub Mohamed Ali, Gamal Abdel Rahman, Mohamed Nourain,
Hashim Tullub, Dr. Osman Sour Kati, Mahde Abdelrahman Ali, al-Tijani Mustaph,
Farouq Kadoda, Mahjoub al-Zubeir, al-Hadi Abdel Aziz, Taha Sid Ahmad, Salah
Abdel Karim, Adam Madibu, al-Fadl Mahir, Mohamed Suleiman, Abdel Jalil Karoma,
Mohamed Dia'a al-Din, Ali Khalifa, Mansour Hassan, Mohamed Babiker Mokhtar,
Nur al-Din Medani (23 January 1997) . On 25 March 1997, the Government stated
that the above-named persons had been legally detained on suspicion of
involvement in a foreign invasion on Sudanese territory. Their right to
physical and mental integrity was fully protected as well as their humane
treatment while in detention, until the investigations were completed.
399. As of mid-December 1996, some 775 boys between the ages of 7 and 16 were
reportedly being held at the Al Huda camp at Abu Dum, a facility for street
children. Some were said to have been taken to the camp forcibly, despite the
fact that they were not homeless. In the camp, many boys were said to be
suffering from serious medical neglect, sometimes life-threatening, and lack
of adequate nourishment. A number of children had also allegedly been
subjected to torture or ill-treatment for attempting to escape or other
infringements. The methods of torture reported included beatings, standing
for prolonged periods in the sun and being lifted parallel to the ground and
then dropped onto their abdomen. Prior to their transfer to the camp, they
were reportedly held in Kober prison where they were allegedly routinely
subjected to torture or ill-treatment. They were said to have been beaten
with rubber hoses, compelled to fight each other for the meagre food rations
provided and forced to sleep in sewage (29 January 1997) . By letter dated
12 February and 13 May 1997, the Government informed the Special Rapporteur of
an agreement between the Sudan State Ministry of Social Welfare and UNICEF,
plus some other international organizations, to work jointly on family
reunification for the children in Abu Dum. It stated that the allegations of
harsh camp conditions were false since the camp was situated in the village of
Abu Dum, an agricultural area with an ample and varied stock of food, and that
health care and educational services were provided for. Furthermore, the
Government stated that the National Reception and Reunification Centre for
Vagrant Children had been opened in February 1997 to reunite the children at
the camp with their families. It had been decided to close down the camp and
replace it with reception and reunification centres in which children would
spend a maximum of six months during which their cases could be studied with a
view to their rehabilitation and reunification. To this end, there had also
been established a Higher Committee to Deal with the Problem of Child Vagrancy
and a National Reception and Reunification Centre for Vagrant Children at
Suba, Khartoum, as well as a National Federation of Voluntary Organizations
Operating in the Field of Vagrancy to coordinate their joint efforts.
400. Ali Mahi El Saki, a 64-year-old labour union leader, was reportedly
arrested in mid-January 1997 in Hag lousif, Khartoum. He was believed to be
held at Kober prison. Ali Mahi El Saki was allegedly tortured during a
previous period of detention, as a result of which he had suffered serious
injury (11 February 1997)
401. The following 76 persons, among whom four members of the Ba'ath Arab
Socialist Party, were reportedly arrested in Khartoum during January
and February 1997, most of whom were said to be held at Kober prison:
Abdel Moneim Ahmad al-Haj, Osman Idris Abu Ras, Mohammed Dia, Ishaq Ibrahim,
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al-Tijani Hussein Daffala al-Sid, Samira Hassan Ali Karrar, Widaat Hassan
Ali Karrar, Ezekiel Kodi, Joshua Dau Diu, Kwai Malak, Azhari Mohrned,
Ali El Simet, Abdel Gadir El Gaylani, Mohmed Abdel Rahman Abu Shanab,
Amin El Rabie, El Gemeabi, Abdel Wahab Kougali, Ali Mahgoub, Mohmed Babiker
Mukhtar, Bushra Abdel Karim, Mohmed Abdullah Mushawi, Ali El Sied, El Tahir
Khaled, Shipera Habani, El Hadi Toojor, Abdel Rahman Kigour, Maya Eldin
Osman Mohmed, Ding Awak Ooushan, El Fateh Garib Allah, Mohmed Osman,
El Hag Osman El Hassan, Shihab Ahmed Gafer, Adit Abu, Muktar Abdullah,
Dr. Mohmed El Mahdi, Dr. Mohmed Sulimari, Mustaffa Zaki El Hakim, Adil Salih
Mokwar, Gamal Abdel Rahman, Ali Khalifa, Abdel Gadir Nassur, Amin El Shawafa,
El Hag Osman Mahmud, Abdel Fatah El Rofie, Mm Allah Abdel Wahab,
Dr. Ding Wool, Dr. Mohmed El Hassan, Ishag El Gassim Shadad, Abdel Rahim
Mabuo, Dr. Salah Haroun, Hassan Abdel, Ahmed Murgani, Abbas El Subie, El Tayeb
Kanoana, Hassan Abu Zied, El Fadil Adam Ismael, Mohmed Omer, Mohmed Mohmed
Nadim, Dr. Mamoun Mohmed Hussain, Subri Fakri, Brigadier Abd El Aziz Mohmed
El Amin, Brig. Abd El Rahim Hamid Fadul, Brig. El Ha Langi, Brig. Mohmed Hamed
Ahmed, Brig. Sayeed Abd El Karim, Brig. Omer Abd El Majeed, and Motasim Abdel
Rahim Medani (13 February 1997)
402. Thirteen university students said to be political activists,
Imad al-Amid, Isam al-Shubagi, Omar Mohamed Ali, Usama Siddig Yousif,
Ali Mohamed Osman al-Simat, Yasir Abdel Hamid, Tariq Abdel Hamid, Mohamed Taj
al-Sir, Mamoun Karrar, Atif Hassan, Mohamed Farouq, al-Nomoman al-Sair, and
Usama Said, were reportedly arrested in Khartoum in mid-February 1997. They
were allegedly being held without charge or trial in the security wing of
Kober prison (14 March 1997)
403. Ahmed Jthdelmoneim Mohamed Attia, a university graduate, had allegedly
been subjected to torture, including severe beatings with rubber hoses all
over his head and body, following his arrest in Khartoum on 16 March 1997. He
was allegedly ordered for further interrogation and threatened with further
torture in case of an opposition offensive in the country (21 March 1997)
In its reply dated 27 May 1997, the Government stated that the competent
authorities had confirmed the arrest of Ahmed Abdelmoneim Mohamed Attia, but
that he had been immediately released after interrogation. The authorities
concerned had further reconfirmed their commitment to abide by the policies of
the Government which forbid acts of torture and other cruel, inhuman or
degrading treatment or punishment.
404. Mudawi Ibrahim Adam, Abdel Basit Abbas Hussein, Kamal Abdel Rahman and
Abdel Rahman al-Amin were reportedly arrested on or around 7 June 1997 and
detained in the security wing of Kober prison in Khartoum, allegedly on the
accusation of having links with the opposition (8 July 1997) . By letter dated
10 November 1997, the Government confirmed the arrest of the first three
persons, but denied the arrest of Abdel Rahman al-Amin. Mudawi Ibrahim Adam
and Abdel Basit Abbas Hussein had been released and Kamal Abdel Rahman was
under investigation by the district attorney in accordance with the law.
405. The Special Rapporteur also transmitted to the Government a letter
dated 5 December 1997, in conjunction with the Special Rapporteurs on the
situation of human rights in the Sudan, on violence against women and on the
promotion and protection of the right to freedom of opinion and expression.
The letter was sent on behalf of a group of approximately SO women reported to
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have been holding a peaceful demonstration on 1 December 1997 outside the
tJNDP offices in Khartoum against the compulsory military conscription of their
sons and brothers to fight the civil war in southern Sudan. Police and
security officers reportedly beat the women with sticks and rubber hoses and
slapped them on the face. Following arrest, some 34 women were said to have
been tried the same day and convicted of public order offences. They were
allegedly each fined 10,000 Sudanese pounds and flogged with 10 strokes each
before being released. Some were allegedly hospitalized as a result of the
injuries suffered. The Special Rapporteurs called upon the Government to
investigate the incident, bring to justice those responsible and compensate
the victims. The women said to have been flogged were identified as:
Sara Nogdalla, Neimat Ahmed Malik, Khansa Omer Salih, Souad Ibrahim Ahmed,
Fawzia Fadi, Gid Elreid Rimahi Mohammed, Nagia Sid Ahmed Eiselkh,
Zahra Mohammed Ahmed Fodail, Zeeinab Ali Alomda, Kawther Hussein,
Salwa Saeed, Salwa Mohammed Siyam, Samira Talib Ismail, Manal Mohammed Musa,
Lillian Mohammed Hussein, Rana Haj Ahmed Gandoor, Fatma Eiseelkh, Samia Ahmed
Altigani, Zahra Ahmed, Hayat Mahmoud, Amani Osmaan Hamid, Ami Osman Ahmed,
Siham Adam, Sara Abdalla Eijenald, Tayseer Tag Eldin, Manal Mohammed Maahgoub,
Amani Almussri, Huda Ragab, Sittna Mohammed Salih, Samira Osman Hamid,
Ibtihaj Mahmoud, Intisar Siddiq, Sara Hamd Elneil, and Siham Adam.
Information received from the Government on cases transmitted in previous
years
406. By letters dated 6 March and 9 May 1997, the Government responded
to several allegations transmitted by the Special Rapporteur on
13 September 1996, including some retransmitted cases from 1994 and 1995.
407. Concerning Osman Mahmud Ali, allegedly tortured following his arrest in
April 1993 (E/CN.4/1996/35/Add.1, para. 631), and Ibrahim Mohammed Ibrahim,
Musa Ibrahim, Abu Bakr Abbas, Fadl Ahmed Nail, Yahia Adam, who were allegedly
subjected to torture during their detention in the first half of 1996
(E/CN.4/1997/7/Add.1, para. 459), the Government replied that they had been
arrested on the accusation of involvement in bombardments of some
strategic areas, but had been released after investigation. The Government
denied having detained Taj Elsir Mekki Abu Zeid, El-Hadi Tanjoor and
Awad Aman Alla, who were allegedly tortured during their detention in 1996
(E/CN.4/1997/7/Add.1, para. 459), Ali Habeeb Alla and Adil Karrar, who had
reportedly been subjected to torture in the same year (E/CN.4/1997/7/Add.1,
para. 460) , and Mustafa Sin Sulaiman, who was said to have been tortured
in a “ghost house” in November 1993 (E/CN.4/1995/34, para. 681). With
respect to Ibrahim Bilal, allegedly tortured while in detention in 1996
(E/CN.4/1997/7/Add.1, para. 459), the Government confirmed that he had been
summoned to the security services, but had been immediately released.
408. Concerning Widad Hassan Ali Karrar, Samira Hassan Ali Karrar and Alia
Hassan Ali Karrar, who had allegedly been severely beaten by security officers
during a demonstration in Khartoum in February 1995 (E/CN.4/1996/35/Add.1,
para. 636) , the Government replied that they had never been arrested.
409. With respect to the case of Brigadier Mohamed Ahmad al-Rayah (ret.),
who had allegedly been tortured extensively at a number of locations from
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August 1991 through late 1993 (E/CN.4/1995/34, para. 683 and
E/CN.4/1997/7/Add.1, para. 471), the Government stated that no further
information had been received.
410. The following persons, who had allegedly been subjected to torture, in
some cases said to have resulted in their death, had, according to the
Government, never been detained at any time: Camillo Odongi Loyuk;
Farouk Ali Zakaria, Abdel Hamid Ali Bashir and lousif Abdalla; Ahmed Nasser,
Khalif a Naway, Ismael Sultan, Shaib Sabreya, Sheik Hamdin, Mohamed Hamad and
Ramadan Jaskan (E/CN.4/1995/34, paras. 685, 686 and 688); Abdalmonim Rahama;
Safi Al-Tayeb Safi; Barnaba Abdel Rahman Abu Salah; Hussein Um Dabalo Jthgalo;
Mahjoub Tiya Kuku (E/CN.4/1996/35/Add.1, paras. 634-635, 640-642);
Gift Matayo Warille, Mohamed Osman, Ibrahim Fateh Al-Rahman, Reverend Phillip
Abbas Gaboush, Mustafa Awad El-Kariem, Abdalla Ali Adam, Ahmed Suleiman
Khogaly, Ismail Musa Hamad, Saif El-Deen El-Gadal, Ahmed El-Toom Ali,
Mohammed Abu El-Kasim, Aid Fadl and Ahmed Abdel Rahaman (E/CN.4/1997/7/Add.1,
paras. 455-459)
Swaziland
411. On 7 February 1997, the Special Rapporteur made an urgent appeal on
behalf of Simon Noge, Secretary of the Human Rights Association of Swaziland
(HUMARAS) and Chair of the Swaziland Democratic Alliance, who was reportedly
arrested without a warrant by police on 5 February 1997 and held at Manzini
police headquarters. In its reply dated 10 March 1997, the Government
confirmed the arrest of Simon Noge but stated that he had been allowed to
contact his attorney, had not been harmed in any way while in police custody,
and had been released the following day.
Sweden
412. On 2 December 1997, the Special Rapporteur transmitted an urgent appeal
on behalf of Halil Aydin, a Turkish Kurd from Adiyaman governorate, whose
application for asylum in Sweden had reportedly been rejected. He had
allegedly been subjected to arrest, imprisonment and torture in Turkey on a
number of occasions from 1985 until he finally fled in 1990, on account of his
active support for the Kurdish Workers' Party (PKK) . An examination by the
Centre for Torture and Trauma Survivors in Stockholm reportedly revealed that
he suffered from a post-traumatic stress disorder. Fears were expressed that
he might be detained and again subjected to torture upon his return to Turkey.
Switzerland
413. In a letter of 13 June 1997, the Special Rapporteur, in conjunction with
the Special Rapporteur on the independence of judges and lawyers, transmitted
allegations concerning Clement Nwankwo, a Nigerian lawyer and human rights
activist who came to Geneva in order to attend the fifty-third session of the
Commission on Human Rights. He was allegedly arrested on 5 April 1997 on
suspicion of theft and detained incommunicado for four days. During and
subsequent to his arrest, he was reportedly kicked and beaten severely by
police officers. A medical examination following his release was said to
reveal injuries consistent with being beaten, for which he allegedly did not
receive any medical care. The Government replied on 27 June 1997 that a
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formal apology had been made to Mr. Nwankwo with respect to the treatment he
had regrettably received, though pointing out that an administrative
investigation had established that it had occurred due to a misunderstanding
caused by Mr. Nwankwo's resistance to the arrest, and was not the product of a
deliberately agressive attitude of the Geneva police. The Government further
responded with additional information on 28 July 1997, supplying copies of two
judicial decisions on the incident, as well as general answers to a
questionnaire from the Association for the Prevention of Torture on the
treatment of arrested persons, and the report of the European Committee for
the Prevention of Torture on its visit to Switzerland, accompanied by the
Swiss Federal Council's response to it. With respect to the treatment
received upon arrest, the appeal decision of 20 June 1997 had overturned the
first instance decision that Mr. Nwankwo was guilty of theft, and instead
found that he had breached the Penal Code by resisting arrest, and that the
measures taken by the police at that time were proportionate. Mr. Nwankwo
expressed an intention to appeal against this judgement. However, with
respect to the treatment received by him at the police station, the Government
elaborated that the administrative inquiry previously mentioned had found that
it was not compatible with acceptable principles of police behaviour. The
internal procedure for sanctioning such behaviour was still ongoing, but
should result in disciplinary measures against the officers concerned. It was
also open to Mr. Nwankwo to apply to the State for compensation if he wished
to do so.
Follow-up information received from the Government on cases transmitted
in 1996
414. The Government, in three separate letters, replied to two cases
transmitted on 8 October 1996.
415. Alpha Jththony Dickson, a Gambian national deported from Switzerland
on 15 September 1995, had reportedly been ill-treated both while in detention
prior to deportation, and by two Swiss police officers during his accompanied
flight to the Gambia. In the latter case, it was alleged in particular that
he had been gagged with his hands tied and a hat over his face during the
entire journey, deprived of both food and water, as a result of which he
reportedly lost consciousness. The Government replied on 10 December 1996
that attempts had been made on three occasions to deport Mr. Dickson, but that
he had resisted, so that they had been unable to put him on the plane. On the
third occasion, his resistance had resulted in injuries both to himself and to
a police officer, injuries for which Mr. Dickson received treatment and which
were not caused by torture as alleged. As a result of this incident, it was
thought necessary to use proportionate means of restraint to carry out the
deportation successfully. Immediately following take-off, the restraints were
removed at the request of Mr. Dickson, and he was not therefore restrained
during the entire journey or deprived of food and water, as claimed. Neither
did he fall unconscious on the plane. According to the information received
from the Government, reported statements to the contrary by the two Swiss
police officers involved were obtained by compulsion following their
harassment and detention upon arrival in Banjul, an incident over which the
Swiss Government later made a formal complaint to the Gambian Government.
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416. All Doymaz and Abuzer Tastan, Turkish Kurds with political refugee
status in Switzerland, were reportedly arrested by the police in Ticino on
6 April 1995, severely beaten and tied to a very hot radiator. The Government
replied on 20 December 1996 that the two men had been detained for carrying
illegal persons in their car, and had been brought to the Chiasso police
station for charges, but had been released on bail an hour later. On
21 June 1995, they made a complaint of ill-treatment to the Public Prosecutor
of Tessin through the intermediary of the Oeuvre suisse d'entraide ouvriêre
(OSEO) , enclosing medical reports to the effect that Mr. Tastan revealed
bruises on each arm consistent with the use of restraints, and that Mr. Doymaz
showed signs of pain and swelling in the left side of his face, as well as
pain in his shoulder and a red stripe on his back. However, the complaint was
discontinued when the OSEO failed to comply with the prosecutor's request for
a power of attorney. Mr. Doymaz and Mr. Tastan appealed to the Cantonal Court
of Appeal of Tessin in December 1996 to reopen the investigation. In a
further reply of 13 November 1997, the Government informed the Special
Rapporteur that, on 27 March 1997, the latter had upheld the decision not to
proceed, a decision which was confirmed by the Swiss Federal Tribunal on
16 July 1997. The Swiss Federal Tribunal considered, in particular, that the
delays of four and five days between the arrest and medical examinations meant
that it was impossible to establish cause. It also relied on a statement by
the translator who had been present during the interrogation that nothing
abnormal had happened.
Syrian Arab Republic
417. On 10 April 1997, the Special Rapporteur made an urgent appeal on behalf
of Munif Mulhim who had reportedly been detained since 1981 in connection with
the Party of Communist Action. He was said to have been due for release in
mid-1996, but was instead reportedly transferred to Tadmur Military Prison
allegedly because he refused to sign a statement dissociating himself from
past political activities and expressing support for the Government. He was
said to be in poor health. On 21 May 1997, the Government replied that
Munif Mulhim had been released after the end of the term of his imprisonment
and was staying in the city of Homs, Mukharram Faukani village.
418. On S May 1997, the Special Rapporteur transmitted an urgent appeal on
behalf of Nouh Rasul Mustafa, who was reportedly arrested in Qamishli on
14 April 1997 by members of military intelligence in search of his brother,
Nasreddin Mustafa, who was said to be seeking asylum abroad. The whereabouts
of Nouh Rasul Mustafa were reported to be unknown.
Tunisia
419. On 28 May 1997, the Special Rapporteur transmitted an urgent appeal on
behalf of Abdel Moumen Belanes and Rachida Ben Salem to which the Government
replied on 29 August 1997. Abdel Moumen Belanes had reportedly been detained
in prison in Nadhor, where he had been tortured on 30 April and 2 May by
guards who had beaten him with sticks on the soles of the feet and elsewhere
and stood on his chest. His lawyers had reportedly observed bruises on his
legs and a swelling on his right arm on 24 May. The Government replied that
Belanes had been taken to a doctor, and that an inquiry instituted in response
to allegations of ill-treatment had established that the allegations were not
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warranted. Belanes was said to have remained confined in the civilian prison
in Tunis in good conditions, and to have been brought before the Tunis Court
of Appeal on 4 June 1997.
420. Rachida Ben Salem had reportedly been arrested with her two daughters
on 18 May 1997 in the Ben Guerdane district, as she was preparing to cross the
Libyan border to join her husband, a refugee in the Netherlands. She had
reportedly been deprived of all contact with her family until 23 May, when her
father-in-law had been allowed to take the children away. Her husband's
parents and brother had also reportedly been held for 24 hours, during which
time the brother had been tortured. According to the Government's reply,
Rachida Ben Salem had been arrested on 26 May 1997, had suffered no
ill-treatment, and had been brought before the examining magistrate on
30 May 1997. The children had been placed in the care of her husband's family
from the outset, and neither Rachida's father nor her husband's parents had
been arrested.
Government responses to cases transmitted in 1996
421. Mohamed Hedi Sassi was said to have been arrested on 18 April 1994 and
tortured at Den-Den and Bardo police station in Tunis. On 29 November 1996,
the Government responded that he was not being held in secret and had not been
tortured. On 23 December 1996, the Government informed the Special Rapporteur
that Sassi had been released on parole on 14 December.
422. In the case of Radhia Aouididi, said to have been arrested at Tunis
airport on 9 November 1996 and held in secret, the Government responded that
Aouididi had indeed been arrested but had had the requisite medical attention
and was in good health. She had also been visited by her lawyer, and several
times by her brother who had never been arrested.
Turkey
423. In a letter of 21 May 1997, the Special Rapporteur transmitted to the
Government information on the following individual cases.
424. Hikmet Erci li, a learning-disabled person who failed to produce his
identity card at a gendarme check-point on the outskirts of Ka izman,
Kars province, in August 1995, was detained for two days at the gendarmerie
post, during which time he was allegedly stripped, blindfolded, beaten, and
subjected to electric shocks. The local prosecutor reportedly refused to
register a complaint.
425. Sibel Aktan (female), aged 16, was reportedly taken from her home in
Jthkara on 30 October 1995 to the Anti-Terror Branch of Ankara police
headquarters, where she was allegedly subjected to repeated episodes of
torture, including blindfolding, beatings, hosing with pressurized water, and
threats that she would disappear. When he came to pick her up on 10 November,
her 14-year-old brother, Haydar Aktan, was allegedly taken by plain-clothes
police and held in a tiny damp cell, blindfolded, beaten, forced to undress,
hosed with pressurized water and had his hair pulled. The Government replied
on 26 August 1997 that both minors had been temporarily detained for
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questioning in connection with communist activities, but that medical reports
had established that neither had been subjected to torture or ill-treatment.
426. Seyfettin Turan, Ya ar Pinarba , Ilhami Kaya, Murat Karafarli,
Ahmet Bozdo an, Selim Hisar, Ali Bozku , and Muharrem Kalayci were among
12 transvestites detained at Beyo lu police headquarters in November 1995.
They were allegedly forced to undress, hosed with ice-cold water and severely
beaten. Some of them were said to have been beaten on their genitals and had
their hair pulled out. They reportedly filed complaints in December 1995 with
the Beyo lu public prosecutor.
427. Sevgi Kaya (female), aged 15, was reportedly detained along with five
fellow high school students in Istanbul on and around 7 February 1996. They
were allegedly held incommunicado and tortured for some 12 days at Istanbul
police headquarters and were subsequently charged with membership of an
illegal organization. Sevgi Kaya and her brother were allegedly subjected to
torture, including being beaten on the hands and on the soles of the feet,
being undressed and beaten on the arms and legs with heavy truncheons, and
being suspended with the arms tied to a beam, threatened with paralysis and
death. The Government replied on 26 August 1997 that Sevgi and Sinan Kaya, as
well as 13 other people, were arrested as part of a security operation against
communist activities, that both had injuries which, according to a medical
report, would cause a temporary cessation of work for seven and five days
respectively, and that Sevgi Kaya had filed an official complaint which had
given rise to a public case against five police officers on the grounds of
torture and ill-treatment.
428. Zahal Sürücü (female), aged 16, was reportedly detained by plain-clothes
police on 14 March 1996 in the Mustafa Kemal district of Istanbul. During
interrogation at Istanbul police headquarters, she allegedly had her head
repeatedly submerged in a bucket of water, was hung and tied to a beam while
being beaten with fists and sexually abused, and was threatened with rape and
death. She was later transferred to Sa malcilar prison, and was said to
suffer pain in the kidneys and lung and restricted movement of the hands.
According to a government reply of 26 August 1997, three separate medical
reports established that Zahal Sürücü was not subjected to torture or
ill-treatment during her detention. An investigation was opened following her
official complaint of torture.
429. serif Burgaz, a 13-year-old-boy from Mersin, and his brother,
Mehmet irin Burgaz, were allegedly beaten with fists and truncheons by two
police officers in May 1996. They were then allegedly subjected to torture at
Alanya police headquarters, said to include being stood upon, beatings on the
soles of the feet, having the head struck against the wall, being hung,
receiving electric shocks to the fingers and toes, and being hosed while naked
with cold water. serif Burgaz was released on 13 May 1996, while his brother
was transferred to Alanya prison. On 26 August 1997, the Government responded
that the boys had been detained in connection with a bag-snatching incident
and that they were being tried on theft charges, but did not address the
allegations of torture.
430. Remziye Karakoç (female), aged 15, was reportedly detained along with
her father on 3 May 1996 in Adana and transferred to the Anti-Terror Branch in
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Mersin. Under interrogation she was allegedly beaten, hosed while undressed
with pressurized water, subjected to the administration of electric shocks to
her fingers, threatened with death and had a rubber hose pulled tightly around
her abdomen while being beaten on the belly and kidneys. The Government
replied on 26 August 1997 that Remziye Karakoç had been detained during a
security operation, and that it had been established through a medical report
that she had not been subjected to torture.
431. Eleven prisoners were reportedly killed and another 24 prisoners were
injured during disturbances at Diyarbakir E-type prison on 24 September 1996.
The deaths were allegedly caused by blows to the head administered by
rapid-intervention police, military forces and prison guards wielding clubs,
baseball bats and sticks with nails. Erkan Hakan Perisan, Cemal Cam,
Hakki Tekin, Ahmet Celik, Edib Direkçi, Mehmet Nimet cakmak and Ridvan Bulut
were said to have arrived dead at Diyarbakir state hospital; Mehmet Kadri
Gumus and Mehmet Aslan reportedly died at hospital and Kadri Demir reportedly
died in transit to Gaziantep special prison. Among the reported injured were
Ramazan Korkar, Iskan Ozal, Mehmet Batuge, Mehmet Emin Izra, Ramazan Nazlier,
Yasin Alevcan, Abdullah Eflatun, Kenan Acar, Hakki Bozkus, Bedri Bozkus,
Ahmet Sever and Muhlis Altun. An investigation was said to have been
undertaken with respect to a number of police, military and prison personnel
involved in the incident.
432. In his letter of 21 May 1997, the Special Rapporteur requested further
information from the Government, particularly with respect to developments
in investigations and judicial proceedings, in the cases concerning
Ismet celikaslan, certain disturbances at Buca prison on 21 September 1995,
certain incidents at the Umrniye E-type prison on 12-13 December 1995 and
4 January 1996 and at Eyüp sports centre on 8 January 1996, Metin Gbktepe,
Dane Talun (aged 12) , 16 persons allegedly tortured by members of the
Jthti-Terror Branch of Manisa police headquarters following their detention
on 26 December 1995 and Ferzinde Abi.
433. He also retransmitted a number of cases summarized in previous reports
to which no reply had been received.
Urgent appeals and replies received
434. The Special Rapporteur transmitted the following urgent appeals to the
Government.
435. Kadir Satik and Mete Demirkol were reportedly detained during a raid on
the premises of Komol Publishing House on 23 January 1997 by officers of the
Anti-Terror Branch of Istanbul police headquarters and were said to be held at
the Anti-Terror Branch in Aksaray (28 January 1997) . The Government replied
on 6 May 1997 that they had been arrested in connection with a search for
terrorist propaganda, and that Mete Demirkol had been transferred to Metris
prison, while Kadir Sadik had been released. Neither had been subjected to
torture or ill-treatment during their detention.
436. Some 26 persons were reportedly detained during police operations in
Istanbul on 22 February 1997, including Cuma Meral, Hasan Ozan, Erdo an Ber,
Arif Celebi, Süleyman Beter, Mükkade celik, Zabit Iltemur, Birsen Kaya,
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Necati Abay, Abidin Ezgin, Ismail Ezgin, Sedat enoqlu, Enver Akça,
Ay e Erdoqan, Deniz Erdo an, Dogan Erdo an, Mustafa Oztürk, Sultan Seçik,
Asiye Zezbek, Gbnul Karagbz and Bayram Namaz. They were said to be held
incommunicado at the Anti-Terror Branch of Istanbul police headquarters
(28 February 1997)
437. Recep Marafli, Director of Komal, and his spouse, Nuran Marafli, were
reportedly detained on 6 March 1997 at Ankara airport, and taken to the
Anti-Terror Branch of the Ankara police headquarters. Recep Mara li was
said to have been attempting to leave the country with the passport of
Levent Bakanay, who was also reportedly arrested. Recep and Nuran Mara li had
allegedly been tortured during a previous detention (10 March 1997) . The
Government replied on 1 May 1997 that Recep Mara li had been detained on
terrorist charges, and that the other two persons had been released. None had
been subjected to torture or ill-treatment during detention.
438. Mahmut akar, Sinan Tanrikulu, Vedat cetin, Pirozhan Do rul (female),
Ozlem cetin (female) and Nebahat Akkoç (female) , all senior members of the
Human Rights Association (IHD), as well as Haydar Kiliço lu, Ahmed Altindag,
and lusuf Akgun, senior members of the Diyarbakir branch of E itim-Sen
(teachers' trade union) were all reportedly detained by police in Diyarbakir
on 22 May 1997 (26 May 1997) . The Government replied on 26 August 1997 that
these persons had been detained following authorized searches of their
premises, but that they had been released following interrogation. Medical
reports had established that none had been subjected to torture or
ill-treatment.
439. Twenty-eight persons from cnarbnu village, near Savur in Mardin
province, including Bereket Da (female) , Ramazan Dmir, Omer Yüksel,
Hüseyin Karakoyun, M. Ali Yüksel, Ali Erol, Musa Erol, Ahmet Turgay,
serif lurt, Oktay lurt, Fikret lurt, ehmuz Açan, Abdullah Baran,
evket Baran, Mustafa Akn, Hasan Kanat, A. Rahman Kanat, Cevzet Turan and
Osman Aykal, were reported to have been held in unacknowledged detention in an
unknown location since 10 November 1997, when they were allegedly detained by
gendarmes from ürgücü gendarmerie station (24 November 1997)
Information received from the Government on cases included in previous reports
440. With respect to the case of Dane Talun, aged 12, allegedly arrested
in Ankara on 12 January 1995 and tortured for five days (transmitted
8 February 1996), the Government replied on 15 January 1997 that she had in
fact been taken into custody on suspicion of theft on 13 January 1995, and was
released on 14 January. A medical report showed physical findings which would
interfere with her daily activities for three days. An application by her
father to the Human Rights Commission of the Turkish Grand National Assembly
on grounds of torture and ill-treatment between 12 and 16 January 1995 was
investigated by the Ankara Public Prosecutor, but resulted in a decision not
to prosecute.
441. With respect to Halil Dinç and Hasan layik, who were among a number of
persons reportedly beaten by anti-riot police and police from camdibi police
station on 22 December 1995 in Izmir (transmitted 3 October 1996) , the
Government replied on 28 February 1997 that a preliminary investigation had
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been initiated by the Office of the Chief Public Prosecutor of Bornova,
who subsequently referred it to the Bornova District Administration
on 4 March 1996.
442. With respect to Gülbahar Gündüz, reportedly tortured following her
detention by police on 21 March 1995, the Government responded that
investigations carried out by the Deputy Chief of the Tunceli Police
Department had led to a decision not to prosecute. In particular, a medical
report of 3 April 1995 had established that Gülbahar Gündüz had not been
subjected to torture or ill-treatment during her detention.
443. The Government also responded to two urgent appeals sent in 1996.
444. In the case of Hatice Güden, Filiz Toprok, Mustafa Karao lan,
N. Kemal Bekta , Muhittin Evrak and M. Karaça, who were reportedly arrested
on 6 March 1996 and held at Ankara police headquarters (appeal 15 March 1996),
the Government confirmed that the first five persons were indeed detained and
interrogated about links with an illegal communist organization. It was
established that none of these persons had been subjected to torture or
ill-treatment during detention, and that M. Karaça had not been detained with
the other persons.
445. With respect to A. Kadir Bilen, Omer Akbay and A. Selim Da ku u,
reportedly detained by soldiers on 29 May 1996 (appeal 31 May 1996) , the
Government replied on 20 January 1997 that Omer Akbay had been released two
days after his arrest, following referral to the Office of the Chief Public
Prosecutor of Silvan, but that the other two persons named had never been
taken into custody. It added that no official complaint had been filed on
behalf of any of these persons on the grounds of torture or disappearance
while in custody.
Ukraine
446. On 12 May 1997, the Special Rapporteur transmitted an urgent appeal
concerning Sergey Valkovanyish, who was reportedly arrested by police officers
on 27 March 1997 in Makeivka city (Donetsk region) . He was allegedly
subjected to torture, including beatings to his face, body, arms and feet, and
having a gas mask and plastic bag filled with poisonous gas placed over his
head. He was said to have suffered broken ribs as a result of the beatings
and was reportedly transferred to a location unknown to his family. The
Government replied on 24 October 1997 that a medical examination made in
response to the detainee's claims of having suffered physical injury revealed
only abrasions to the hand which may have been caused by handcuffs. With
respect to complaints of unlawful actions by militia personnel, it was decided
not to open criminal proceedings, a decision which was confirmed by the Office
of the Procurator-General.
United Kingdom
447. In a letter of 28 April 1997, the Special Rapporteur transmitted
allegations concerning Bernard Mcginn and Miceal Caraher, who were among five
persons reportedly arrested by soldiers of the Special Air Services (SAS) in
South Armagh, Northern Ireland on 10 April 1997. Bernard Mcginn was allegedly
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beaten repeatedly and kicked by soldiers as a result of which he reportedly
had to be taken to hospital for emergency treatment. He was said to have
suffered injuries to both temples, laceration of the bridge of the nose, the
mouth, the right shoulder, and the right ear, the latter requiring stitches,
extensive bruising and swelling of both eyes, injury to the back of the head
requiring staples, injury to the right arm which made use of his hand
impossible, and injuries to his lower back, knees and legs. Soldiers
allegedly kicked Miceal Caraher repeatedly and placed a gun inside his mouth.
448. The Government confirmed on 30 June 1997 that both men had been arrested
during a security operation as a result of which several persons were charged
with serious terrorist offences. It stated that both men had made formal
complaints that they were assaulted by soldiers and police officers at the
time of arrest, and that these complaints were being fully investigated, the
former by the police, the latter by the Independent Commission for Police
Complaints.
United Republic of Tanzania
449. By letter dated 13 January 1997, the Special Rapporteur transmitted, in
response to a request by the Government, copies of the medical reports in the
case of Othman Hamad Othman who had reportedly been tortured at the camp of
the anti-smuggling squad (KMKM) on 4 March 1996 (see E/CN.4/1997/7/Add.1,
para. 540) . On 3 October 1997, the Government submitted its observations on
the medical reports. It stated that the medical officer who had filled in the
medical examination report was not the one who had treated Othman Hamad Othman
and that not all injuries described in the medical reports corresponded with
each other. The Government further stated that Othman Hamad Othman had been
treated and discharged from hospital at his own request on S March 1996 and
that he, despite a referral for further examination at another hospital, had
only gone there on 14 March 1996. This, and the fact that the type of
treatment given to him was only given in cases of minor injuries, suggested
that he was not seriously hurt, nor could he have sustained brain damage. The
allegations of torture were therefore not reliable, according to the
Government.
United States of America
450. By letter dated 17 November 1997, the Special Rapporteur transmitted the
following cases alleging excessive use of force by police officers in the
New York City Police Department (NYPD)
451. Oliver Jones, a black man living in Bronx, New York, was allegedly
assaulted by police officers, while standing in a crowd of people watching the
arrest of another man on 2 July 1994. He was said to have been left bleeding
and unconscious. Charges that Oliver Jones had stolen a police radio and
resisted arrest were said to have been dropped. Two police officers have
reportedly been charged with assault.
452. Marcos Maldonado, a Latino supermarket employee, was allegedly subjected
to ill-treatment, when mistaken for a suspect in an armed robbery at the
supermarket on 22 April 1995. He was reportedly thrown on the floor with his
hands handcuffed behind his back, repeatedly hit on the back of the head with
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pistols and sticks, and kicked in the back, chest and legs. The case was
reportedly pending before the Civilian Complaint Review Board by March 1996.
453. Mohammed Assassa, was reported to have died following a struggle with
police officers called to his home in relation to a domestic disturbance,
on 7 December 1995. He was allegedly beaten and, while unconscious, sprayed
with pepper spray. A medical report by the New York City Medical Examiner was
said to have classified his death as homicide and attributed it to a
combination of factors including heart disease, asthma, exposure to pepper
spray and a “struggle involving multiple blunt impacts”. The report was
further said to confirm that his hyoid bone had been broken, indicating that
his neck had been forcibly squeezed. The incident was reportedly under
investigation.
454. Richard Butler, reportedly died the day after his arrest by police
officers in Brooklyn on 23 December 1995. In March 1996, a report from the
New York City Medical Examiner was said to have mentioned acute cocaine
intoxication as the underlying cause of death, but also stated that Richard
Butler had sustained “multiple blunt impacts” to his head and body during a
struggle with police officers and that “the physical injuries contributed to
Mr. Butler's death”. The case was reportedly under investigation by the
Brooklyn District Attorney's office.
455. The Special Rapporteur also transmitted the following cases of alleged
ill-treatment of inmates in prisons.
456. Eric Johnson was reportedly subjected to excessive use of force by
officers of the Central Intake at Madison Street Jail, Arizona, in
November 1994. The officers allegedly slammed his face into a concrete wall
and broke his arm, after he had verbally abused them.
457. David Hoyle was allegedly kicked, beaten and repeatedly stunned by
officers of the Central Intake at Madison Street Jail, Arizona, in
November 1994. He reportedly sustained injuries to the spine and knee and
broken teeth as a result. While injured, he was said to have been strapped
into a restraint chair for five hours.
458. Bruce Sons was said to have been accidentally incapacitated by a stun
belt while talking to his defence attorney during a break in a pretrial court
hearing in California, on 16 December 1994. The electric shocks reportedly
resulted in welt marks on his back, a picture of which was said to have been
presented to the Superior court. The judge reportedly agreed that Bruce Sons
had not misbehaved, but ordered him to continue wearing the stun belt.
Allegedly, the stun belt could only be removed when Bruce Sons testified.
459. David Dalbec allegedly sustained a broken nose and other injuries after
being thrown against a wall for falling asleep during processing at the
Central Intake of Madison Street Jail, Arizona, in February 1995. A stun gun
was allegedly used to wake him up.
460. James Oswald, a Wisconsin murder trial defendant, was allegedly forced
to wear a stun belt even though he was sitting in a wheelchair during the
whole trial, in April 1995. Reportedly, the judge made him wear shackles and
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a stun belt as he was not convinced of his disabilities. James Oswald was
said to have claimed that he was stunned twice. The judge reportedly
acknowledged that he was accidentally stunned once.
461. Bart Davis was allegedly assaulted by detention officers in May 1995,
for smoking a cigarette in the Central Intake area at Madison Street Jail,
Arizona. He was said to have sustained a serious eye injury as a result. He
was further alleged to have been hit with a stun gun after being strapped into
a restraint chair.
462. Richard Post, a paraplegic in a wheelchair, was reportedly detained at
Madison Street Jail in Arizona since March 1996. He was said to have been
left in an isolation cell for one hour without medical attention despite his
request for a catheter to empty his bladder. When trying to seek attention by
banging on the window and causing the toilet to overflow, he was reportedly
taken from his wheelchair and strapped into a four-point restraint chair, with
his arms padlocked and his legs in metal shackles. As a result of the
restraint method, he allegedly suffered inter alia compression of the spine
and nerve damage to his spinal cord and neck which was said to have
significantly decreased the mobility of his upper body. An internal inquiry
reportedly concluded that the manner of restraint was resorted to for his own
safety and was predicated by his belligerent and uncooperative behaviour.
463. Scott Norberg, an inmate at Madison Street Jail in Arizona, reportedly
died in prison on 1 June 1996 as a result of asphyxia, when detention officers
who had intervened because of his alleged disruptive behaviour tried to
overcome his resistance. The autopsy report was said to indicate that he had
numerous contusions and lacerations to his head, face, neck and limbs as well
as burn marks resulting from the use of a stun gun on various parts of his
body.
Venezuela
464. On 26 May 1997 the Special Rapporteur transmitted the following cases to
the Government.
465. Luis Linares was detained on 26 May 1996 in Barquisimeto, Lara, by
judicial police officers at the San Juan police station, where he had gone to
ask about a brother who had been detained for the theft of a vehicle. With
his eyes covered with adhesive tape and hands tied behind his back, he was
reportedly suspended by chains that enabled his body to be raised and lowered.
He is also said to have had a plastic bag placed over his head, causing
partial asphyxiation.
466. Alexander José Pimentel was stopped in the street, on 12 August 1996, by
two members of the municipal police of Sucre, Miranda, who reportedly forced
him to kneel down, cuffed his hands behind his back and then beat him in that
position. They are further said to have put a gun to his head and pretended
to shoot him. Alexander José Pimentel is said to have been released, owing to
the intervention of neighbours who witnessed the incident, but not before
being threatened with death. Alexander José Pimentel's brother, José Luis,
had reportedly been killed on 9 June 1995 by members of the Sucre municipal
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police and since then the family was said to have been taking steps to ensure
that those responsible were brought to justice. This might have been the
reason for the facts described.
467. Felix Faria Arias was detained on 8 March 1997 in Baruta, near Caracas,
as he was about to enter his house, by two individuals identifying themselves
as members of the Directorate of Intelligence and Prevention Services (DISIP)
They reportedly handcuffed him and forced him into a vehicle, where they
allegedly beat him and threatened to kill him if he did not answer their
questions about the activities of the Bandera Roja party. As well as beating
him and putting a gun into his mouth, the agents reportedly blindfolded him
and burnt his arms with a red-hot object, leaving him with more than
40 wounds. He was reportedly thrown from the vehicle three hours later and
left in the street. The following day he went to the Public Prosecutor's
Office to report the incident and asked to be seen by a forensic physician.
However, he was reportedly given no attention until two days later.
Information provided by the Government concerning cases transmitted in
previous years
468. On 28 April 1997 the Government replied to the following cases.
469. José Felix Rivas, detained on 18 June 1994 at his home in Antimano,
Caracas, by members of the metropolitan police. According to the Government,
the metropolitan police reported that Mr. Felix Rivas had not been tortured
and that he had not been given any medical examination because his physical
state was normal and he showed no signs of injury. In the absence of any
complaint, no investigation was initiated.
470. Johnathan David Rodriguez and José Torres, detained on 26 March 1995 by
metropolitan police officers in Nueva Tacagua, Caracas. According to the
Government, the metropolitan police reported that these persons had not been
tortured and that they had been taken to and received at the headquarters of
the homicide division of the judicial police with no kind of protest being
made.
471. Kleiner Alvarado Rodriguez, detained on 20 October 1995 by the
metropolitan police in the neighbourhood of La Vega, Caracas. According to
the Government, the metropolitan police reported that this person had not been
tortured and that he had been taken to and received at La Vega intelligence
division of the judicial police with no kind of protest being made. In the
absence of any complaints of ill-treatment, no investigation was opened.
Urgent appeals
472. On 13 October 1997 the Special Rapporteur sent an urgent appeal on
behalf of Felix Faria Arias, who is said to have been tortured on
7 October 1997 near the campus of Caracas National University, allegedly by
members of the DISIP. The torture is thought to have been in reprisal for the
reporting of a previous detention, on 8 March 1997, during which Mr. Faria
Arias is also said to have been tortured by members of the above-mentioned
body.
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Yemen
473. By letter dated 9 June 1997, the Special Rapporteur transmitted to the
Government the following cases.
474. Muhammad ‘Abdullah al-Hayd was one of a large number of detainees
allegedly tortured in Si'un Prison in 1995. The torture was said to include
beatings with iron bars while having the legs shackled and arms tied behind
the back, being urinated on, and being forced to lie naked on slabs of
concrete while guards walked upon the bodies of the detainees.
475. Ahmad Sa'id Salmayn Bakhabira was reportedly arrested on 11 June 1996 in
connection with links to the National Front for the Opposition (MOG) . He died
the next day in the custody of the security forces in Si'un, allegedly as a
result of torture. His body was said to bear visible torture marks. Although
his relatives had requested an investigation into his death, none had
allegedly been carried out.
476. Dr. Abu Bakr Al-Saqaf, a 62-year-old university professor who had been
suspended from his job following the publication of an article critical of the
Government, and Zayn al-Saqaf, Director of a Studies' Institute, were
reportedly abducted in Sana'a by five armed men believed to be connected with
the armed forces and the Ministry of Interior. They were allegedly beaten
severely, leaving Zayn al-Saqaf with a broken arm. Dr. Abu Bakr al Safaq was
allegedly abducted again and beaten in December 1995, following his return
from a conference abroad during which he had criticized the Government.
477. At least 18 persons had reportedly been sentenced to amputation, but it
was unknown whether the sentences had been carried out. ‘Ali Ahmad Qassim
Khubayzan had allegedly been sentenced in 1995 to have his eyes gouged out,
despite the fact that the Penal Code contains no provision for such
punishment, in addition to a sentence of amputation of the right hand, left
foot, and death. The verdict was said to be under appeal.
478. In connection with allegations that judges had been pressured by
security forces to convict defendants in corporal punishment cases, the case
of Qassim Jubran ‘Ali was reported. While undergoing trial in Lahj on charges
of alcohol consumption, the court was reportedly filled with local armed
security men. The defendant's lawyer, Bader Ba-saneed, who had allegedly been
tortured by security forces when he had met his client in detention, allegedly
requested that the judge clear the courtroom to provide an atmosphere free
from intimidation. Although the judge ordered the security personnel to
leave, there were even more of them at the second hearing, some of them
intimidating the defence lawyer. Bader Ba-Saneed was allegedly attacked and
flogged by an armed group, without the State security forces intervening.
Qassim Jubran ‘Ali was allegedly flogged in public without a court verdict.
Urgent appeals transmitted and replies received
479. On 29 May 1997, the Special Rapporteur made an urgent appeal on behalf
of ‘Abdullah Saad, the editor of the opposition newspaper al-Shura , and his
brother, ‘Abdul Jabbar Saad, also a journalist. The two men were reportedly
sentenced on 27 May 1997 by the Court of First Instance in Sana'a to 80 lashes
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each on charges of libel, allegedly as a consequence of having written and
published a series of articles critical of a leading politician in the
al-Islah party. On 2 June 1997, the Government confirmed the sentence, but
said that it had so far not been implemented as the case had been appealed and
the final verdict had not yet been reached. The Government further emphasized
that the judicial system in Yemen was totally independent, that courts
depended on the Shari'a as the main source of laws and regulations, and that
the Government had no legal authority to intervene.
480. On 12 August 1997, the Special Rapporteur transmitted an urgent appeal
on behalf of Muhsin Ahmad al-Amudi and Muhammad Umar Zin, both members of the
opposition party, the League of the Sons of Yemen (LSY) , Alwi ‘Abdullah bin
Samid and Fuad Qa'id, both journalists, and Dr. Ahmad Abdullah bin Bubakar and
Bader Tindus, who were reportedly kept in incommunicado detention following
their arrest on 30 July 1997 in Aden Hadhramout, Lahj, Abyan province, by
members of the Political Security.
481. On 21 November 1997, the Special Rapporteur made an urgent appeal on
behalf of Hussein Ba'um, Secretary of the Yemeni Socialist Party (ISP) , in
Hadhramout province, Muhsin al-Amudi and Hussein Sa'id al-Muhammad, both
members of the LSY, and at least 28 others who had reportedly been arrested
between 10 and 13 November 1997 in Hadhramout province following protests
against a government proposal to divide Hadhramout into two provinces. They
were reportedly held incommunicado in Mukalla prison until 18 November where
they were said to have been subjected to beatings with sticks as a result of
which Hussein Sa'id al-Muhammad reportedly suffered internal bleeding.
Yugoslavia
482. By letter dated 9 June 1997, the Special Rapporteur transmitted a number
of cases of alleged torture or ill-treatment. On 20 November 1997, the
Government replied to most of these cases. The allegations, followed by the
Government's reply, are summarized below.
483. Du an Lukiá reportedly died on 24 March 1995 at the Emergency Medical
Centre in Belgrade, as a result of torture. According to the autopsy report,
he had sustained contusions caused by blows with a blunt object inflicted
two to three weeks prior to death. He had reportedly been detained on
5 March 1995. While in custody, he was said to have been beaten after his
hands and feet had been tied and a bullet-proof vest had been placed on him.
The public prosecutor's request for a report on the incident was reportedly
not complied with nor was any action said to have been taken against any of
the officers. The Government replied that the district public prosecutor of
Belgrade had lodged a complaint against three officers of the Ministry of
Interior and one police officer suspected of resorting to violence to extract
a confession for theft from Du an Lukiá. The Belgrade District Court had
started investigations into the complaint but had not yet completed them due,
inter alia , to the outstanding number of witnesses to testify.
484. Husno Bihorac was reportedly detained on 18 September 1995 in
Novi Pazar. At various detention locations, he was allegedly tortured by
several identified officers in order to extract a confession. He was
reportedly beaten and punched all over his body while handcuffed to a radiator
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and beaten repeatedly on the soles of the feet with sticks. He was said to
have filed a complaint with the Novi Pazar district public prosecutor's office
against the State security officers on 7 June 1996. The Government replied
that the Novi Pazar district public prosecutor had initiated an investigation,
but that the criminal charges against the State security officers had been
dropped on 20 June 1996, since they had been brought eight months after the
alleged offence, and the doctor's certificate appeared not to be officially
registered. Husno Bihorac had not contested this decision.
485. ikica Ivanoviá and Zoran Petkovió were allegedly tortured at Kragujevac
police department following their arrest on 27 December 1995, in order to
extract a confession of theft of arms. ikica Ivanoviá was allegedly beaten
with wooden clubs and on the soles of the feet during 28 days in investigative
custody. Zoran Petkoviá was allegedly hit on the head with a ledger of three
or four kilos and subjected to electric shocks. The Government replied that
no proceedings had been initiated since no criminal charges had been filed.
It stated that ikica Ivanoviá had confessed to the crime of theft and had not
referred to the use of force or intimidation. Zoran Petkoviá had not
confessed and maintained that he had been harassed during initial
investigation. However, since no traces of violence or any other proof had
been discovered on his body and as the police officers had denied the charge,
no proceedings had been initiated.
486. Jovan Dimitrijeviá, an army reservist, was reportedly called up for a
two-day military exercise from 24-26 January 1996. At the Vaslije
Djuroviâ-”Zarki” barracks in Zaje ar, six military police officers allegedly
beat him with a spade handle and rubber clubs and punched him in the face and
body, so as to get him to confess to stealing and selling a missing rifle.
The Government replied that the military prosecutor of Ni had filed a
complaint against a military officer for the offence of extortion of
testimony. The case had been forwarded to the military court of Belgrade
which initiated the investigation on 3 June 1997. The process was still
under way.
487. Ermin Gerguri was reportedly detained by police in Pristina, Kosovo,
on 27 February 1996, after he had intervened to protect a 10-year-old boy who
was being assaulted by a crowd. In the van, he was allegedly beaten and
suffered a broken lower left jawbone. The Government replied that the
Pristina district public prosecutor's office had been investigating criminal
charges against Slobodan Bacevic, but that it found that he was not a member
of the Pristina police nor guilty of the criminal offence of abuse of duty.
488. eljko Zoriá was reportedly stopped by a police patrol after having run
away from two police officers who allegedly broke the strap of his watch
during an identity check in Temerin, Vojvodina, on 30 March 1996. Two
identified officers allegedly punched and kicked him repeatedly, as a result
of which he passed out, and was diagnosed with several fractured ribs at the
Emergency Treatment Centre in Novi Sad. The Government responded that
eljko Zoriá had been charged for obstructing an official in carrying out his
duty of maintaining public order but that the investigation had not yet been
completed. Letters rogatory had been lodged to inititate proceedings against
the accused, suggesting that apart from the testimony of the accused witness
testimonies, medical reports on the injuries and a psychiatric opinion on the
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mental competence of the accused would be provided. As for the criminal
charges filed by eljko Zoriâ against the officers, the Government stated that
the Novi Sad district public prosecutor was awaiting the outcome of the
previously submitted letters rogatory.
489. Osman Rama was reportedly detained by plain-clothes police personnel
on 17 September 1996 in the Srbica area of Kosovo. He was allegedly hooded
and taken to a basement area at an unknown location and tortured over the
course of six days. The torture was said to include having his hands tied
with chains; being punched and kicked; being beaten with rubber truncheons to
his head, face and genitals; and being hung upside down with his legs tied.
The Government replied that no criminal charges had been filed in this case
and that therefore no proceedings had been initiated.
490. Dejan Bulatoviá was reportedly detained on 6 December 1996 at
November 29 Street police station in Belgrade, where police personnel
allegedly beat him, forced a rubber truncheon up his rectum and put a gun
barrel in his mouth, threatening to shoot.
491. Zoran Siminovic, a deputy to the federal parliament, was allegedly
beaten unconscious and suffered a severe concussion during a protest action in
Kragujevac on 23 January 1997. He was hospitalized as a result. The
Government replied that during the protest action, which had been organized by
Zoran Siminovic, one of the demonstrators had inflicted light bodily injury on
a police officer with a chain. This had provoked the use of physical force by
the police to unblock the road with the use of clubs. A number of persons
were struck, including Zoran Siminovic. Complaints had been filed against a
number of police officers on charges of abuse of duty, but the charges had
been dropped since recourse to physical force had not been found illegal in
the circumstances by the Kragujevac district public prosecutor.
492. Nait Hasani, from Prizren, Kosovo, was reportedly arrested on 28
or 29 January 1997 on suspicion of terrorist activities. He was allegedly
beaten severely by police and fell into a coma. After having spent two days
at the Pristina hospital, he was allegedly again taken by the police and
subjected to torture, including electric shocks, at an unknown location, in
order to get him to make incriminating statements. He was reportedly held
incommunicado until he appeared before an investigating judge in Pristina on
28 February. The Government replied that the Pristina district public
prosecutor had not initiated any proceedings since no charges had been filed.
Urgent appeals
493. On 5 February and 15 October 1997, the Special Rapporteur made two
urgent appeals on behalf of a number of demonstrators said to have been
ill-treated by police officials. The first appeal addressed the case of a
group of demonstrators who had allegedly been beaten by the police in Belgrade
on the night of 2-3 February 1997. A substantial number of them were said to
have received hospital treatment. Vesna Peiá, a parliamentary deputy and
leader of the opposition party Civil Alliance, and Ljubivoj (Ljuba) Tadiá, an
actor, were reported to be among those injured. The second appeal concerned a
group of 350 ethnic Albanians, including participants, journalists and
bystanders at peaceful demonstrations on 1 October 1997 in several towns in
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Kosovo. Many were reported to have suffered substantial injuries, including
Arta Shehu from Pristina, who allegedly suffered two broken ribs; Remzije
Bajrami, whose left eye was reportedly injured; Habib Azemi, who was said to
have sustained injuries to the kidneys and genitals; and Ibrahim Rama, who was
reportedly injured on the head and ribs. Some persons, including Driton
Lajqi, were allegedly beaten in custody.
Zambia
494. On 7 November 1997, the Special Rapporteur transmitted an urgent appeal
on behalf of Dean Mung'omba, president of the Zambia Democratic Congress,
and military officers Captains Stephen Lungu, Jack Chiti and Musonda, and
Majors Bilex Mutale, Bellington Mukoma and Kanga, who were reported to have
been arrested along with 27 other people following a coup attempt on 28
October. They were detained in the Central Police Headquarters in Lusaka,
where several of them were allegedly tortured. Dean Mung'omba was said to
have been subjected several times to a method known as “the swing”, consisting
of beatings while suspended from a metal bar with the hands handcuffed and the
legs tied by a rope. He was also said to have been subjected to electric
shocks, and to have been questioned continuously for up to 18 hours. Captain
Stephen Lungu was reportedly tortured so badly that his cell-mates initially
thought he was dead.
Other communications: information transmitted to the Palestinian Authority
495. On 2 December 1997, the Special Rapporteur transmitted to the
Palestinian Authority an urgent appeal on behalf of ‘Abd al-Hakim Ahmad
Bani Odeh who was said to have been held in Jneid Prison in Nablus since
11 November 1997. He was reportedly beaten on the legs by members of the
Palestinian Preventive Security Service during interrogation and was said to
have been interrogated throughout the night following a telephone call from
Amnesty International to the prison directorate inquiring about his situation.
Requests for access by his family and lawyer had reportedly been unsuccessful.
