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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.
        
          
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          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.
        
          
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          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
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          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
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          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
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          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
        
          
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          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.
        
          
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          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.
        
          
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          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
        
          
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          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
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          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.
        
          
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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
        
          
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          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.
        
          
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          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
        
          
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          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
        
          
          E/cN.4/1998/38/Add. 1
          page 23
          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
        
          
          E/CN. 4/1998/38/Add.1
          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
        
          
          E/cN.4/1998/38/Add. 1
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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
        
          
          E/CN. 4/1998/38/Add.1
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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.
        
          
          E/cN.4/1998/38/Add. 1
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          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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          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.
        
          
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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
        
          
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          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
        
          
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          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
        
          
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          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.
        
          
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          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
        
          
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          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
        
          
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          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.
        
          
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          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
        
          
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          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
        
          
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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,
        
          
          E/cN.4/1998/38/Add. 1
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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.
        
          
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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
        
          
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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
        
          
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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
        
          
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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.
        
          
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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
        
          
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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
        
          
          E/CN. 4/1998/38/Add.1
          page 96
          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
        
          
          E/cN.4/1998/38/Add. 1
          page 97
          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.
        

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