Aadel Collection
Report of the Special Rapporteur, Mr. P. Kooijmans, pursuant to Commission on Human Rights resolution 1991/38
UNITED
NATIONS E
( . ) Economic and: Social GENERAL
Distr.
Council E/CN..4/1992/17
27 December 1991
Original: ENGLISH/FRENCH!
SPANISH
COMMISSION ON HUMAN RIGHTS
Forty—eighth session
Item 10 (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 Ratmorteur. Mr. P. Kooiimans. pursuant to
Commission on Human Ri2hts resolution 1991/38
GE. 9 1—14275/4149B
E/CN.4/l992/17
page ii
CONTENTS
Paragraphs
Pag E
Introduction 1 — 5
Chapter
I. MANDATE AND METHODS OF WORK 6 — 19
II . ACTIVITIES OF THE SPECIAL RAPPORTEUR 20 — 269
A. Urgent action 20 — 22
B. Implementation of Commission
resolution 1991/70 23 — 24
C. Correspondence with Governments 25 — 269
Brazil
Bulgaria
Burundi
Cameroon
Chile
China
Colombia
Cuba
Djibouti
Dominican Republic
Ecuador
Egypt
El Salvador
Equatorial Guinea
Ethiopia
Greece
Guatemala
Haiti
Honduras
India
Indonesia
Iran, Islamic Republic
of
25— 27 7
28— 31 8
32 9
33— 35 9
36 9
37 10
38 10
39— 40 11
41— 47 12
48— 51 15
52— 61 16
62— 65 18
66 20
67— 71 20
72— 86 23
87— 94 27
95— 97 30
98 30
99—101 31
102 — 105 32
106 — 108 34
109 — 113 35
114 37
115 — 117 37
118 — 124 39
125 — 126 41
127 — 130 41
131 — 135 46
1
2
6
6
6
7
Bahrain
Bangladesh
Belize
Iraq
Israel
Italy
CONTENTS ( continued )
E/CN.4/1992/17
page iii
Chanter
Parazraphs
II I . FOLLOW—UP TO VISITS
270 — 274
99
II .
(contd.)
Jordan .
136
45
Kenya
Kuwait
137 — 139
140 — 144
46
46
Libyan Arab Jamahiriya
Malawi
145
146
48
49
Malaysia
Mauritania
147
148 150
49
49
Mexico
151 — 156
50
Morocco
157 — 161
54
Myanmar
Niger
Nigeria
Norway
Pakistan
162 — 164
165
166 — 167
168 — 169
170 — 175
56
57
57
58
58
Peru
176 — 179
60
Philippines
Portugal
Republic of Korea
Romania
180 — 185
186 — 187
188 — 191
192 — 193
62
65
66
67
Rwanda
194 — 196
68
Saudi Arabia
197 — 198
69
Senegal
Singapore
South Africa
199 — 200
201
202 — 205
69
71
71
Spain
Sri Lanka
206 — 207
208 — 209
73
73
Sudan
210 — 221
73
Thailand
222 — 223
76
Togo
Tunisia.
224
225 — 242
76
77
Turkey
Uganda
Union of Soviet Socialist Republics
United Kingdom of Great Britain
243 — 254
255
256 — 261
82
94
94
and Northern Ireland
262
95
Venezuela
263 — 264
96
Yugoslavia
Zaire
265
266 — 269
96
97
IV. CONCLUSIONS AND RECOMMENDATIONS
275 — 294 101
E/CN.4/1992/17
page 1
Introduction
1. At its forty—first session, the Commission on Human Rights adopted
resolution 1985/33, in which it decided to appoint a special rapporteur to
examine questions relevant to torture.
2. On 12 May 1985, the Chairman of the Commission appointed
Mr. Peter Kooijmans (Netherlands) Special Rapporteur, who, in pursuance
of Commission resolutions 1985/33, 1986/50, 1987/29, 1988/32, 1989/33
and 1990/34, submitted reports (E/CN.4/1986/15, E/CN.4/1987/13, E/CN.4/1988/17
and Add. 1., E/CN.4/1989/l5, E/CN.4/1990/17 and Add.l and E/CN.4/1991/17) to
the Commission at its forty—second, forty—third, forty—forth, forty—fifth,
forty—sixth and forty—seventh sessions respectively.
3. In its resolution 1990/34 the Commission decided to extend the mandate of
the Special Rapporteur for a further two years, while maintaining the annual
reporting cycle, in order to enable him to submit further conclusions and
recommendations to the Commission.
4. At its forty—seventh session, the Commission had before it the sixth
report of the Special Rapporteur (E/CN.4/199l/17 and Add.l), prepared in
pursuance of its resolution 1990/34, and adopted resolution 1991/38, in
which it decided that the Special Rapporteur, in carrying out his mandate,
should continue to seek and receive credible and reliable information from
Governments, the specialized agencies, and intergovernmental and
non—governmental organizations.
5. In conformity with Commission resolutions 1990/34 and 1991/38 the
Special Rapporteur hereby presents his seventh report to the Commission.
Chapter I of the report deals with a number of aspects pertaining to the
Special Rapporteur's mandate and methods of work. Chapter II consists of the
correspondence between the Special Rapporteur and Governments of States with
regard to which detailed information alleging the practice of torture has been
received. This chapter describes, in a summarized form, communications from
the Special Rapporteur to Governments, including both urgent appeals and
letters, and Governments' replies thereto received up to 16 December 1991.
Chapter III contains information on follow—up visits made by the Special
Rapporteur in the past. Chapter IV contains conclusions and recommendations.
E/CN.4/ 1992/17
page 2
I. MANDATE MD METHODS OF WORK
6. During 1991 the Special Rapporteur continued to receive an alarming
number of communications on alleged cases of torture. Although the number of
allegations received by the Special Rapporteur cannot be used as an indicator
for the increase or decrease of the occurrence of torture throughout the
world, it provides clear evidence that the practice of torture is still
widespread and that, consequently, the fight against torture has to be
continued relentlessly.
7. In conformity with his mandate, as contained in resolution 1991/38 , the
Special Rapporteur has brought the information received by him to the attention
of the Governments concerned whenever be deemed such information reliable and
credible. In reaching such a conclusion, the Special Rapporteur is led by a
number of considerations, the most important of which are: does the alleged
case fit into the general pattern of the human rights situation in the country
concerned, as documented in human rights reports which have been published by
governmental and non—governmental agencies? And if so, is the information
provided sufficiently precise and detailed to enable the Government concerned
to carry out an investigation? The mere fact that the latter condition is
frequently not fulfilled means that only a relatively small percentage of the
communications received are transmitted to Governments.
8. The transmittal of a communication to a Government should not be taken as
an assumption by the Special Rapporteur that the allegation contained is true
or well—founded. It is no more than a request to investigate the matter and
to inform the Special Rapporteur of the outcome of such an investigation.
The communication transmitted should, therefore, always be evaluated together
with the reply of the Government concerned. It may be recalled that in
paragraph 16 of resolution 1991/38 the Commission on Human Rights appealed to
all Governments to cooperate with and assist the Special Rapporteur in the
performance of his tasks and to furnish all information requested, and that in
paragraph 17 it urged those Governments which had not yet responded to
communications transmitted to them to answer expeditiously.
9. The Special Rapporteur notes with appreciation that an increasing number
of Governments have heeded this request and have provided him with replies.
As was said in the Special Rapporteur's previous reports, such a reply should
contain information about the authority responsible for the investigation, the
persons questioned, the result of any medical examination and the identity of
the person who performed it, the decision in a complaint which was eventually
filed and the grounds for that decision, as well as any other relevant
material. A number of replies received are more or less in conformity with
these requirements or refer to an inquiry by the police or the judiciary which
has been initiated. In the latter case, the Special Rapporteur feels that he
should be informed of the outcome of such an inquiry once it has been
concluded.
10. In other cases, however, the Special Rapporteur continues to receive
replies merely denouncing the allegations transmitted as fabrications or
as vilifications of the authorities in power. The Special Rapporteur feels
strongly that such replies cannot be considered to be satisfactory,
particularly in cases where the authorities, on other occasions, have admitted
E/CN.4/1992/17
page 3
that torture may occur and does occur in the country concerned. The sustained
campaign of the internationcal community against torture makes it necessary
for all Governments to take allegations about torture practices seriously and
to look into each and every case which is brought to their attention.
11. As he has said in previous reports, the Special Rapporteur is well aware
that allegations of torture may be brought forward with the intention of
tainting a Government's image. Since torture is generally practised by
government—employed persons in conditions where impartial witnesses are
absent, allegations of torture easily lend themselves to such purposes. If a
Government, however, feels that it has become the victim of such a smear
campaign, the most logical solution is to invite the Special Rapporteur to
visit the country and carry out an investigation himself. On several
occasions the Special Rapporteur has suggested to Governments whose
representatives told him that the allegations had been made merely for
political motives that they extend to him such an invitation for an
investigative visit. As a formula for such investigative visits, he has
proposed that the Government and the Special Rapporteur both choose an equal
number of cases from the list of allegations transmitted. The Special
Rapporteur would then hold discussions with the alleged victims, their
lawyers, the medical officers who examined them, the officials who conducted
the interrogations, the officials in charge of the places of detention where
they were held, etc. So far, however, no Government has reacted positively to
such suggestions.
12. As regards the more general aspects of the performance of his mandate,
the Special Rapporteur strongly feels that such performance would gain in
effectiveness if he were authorized, from time to time, to carry out
on—the—spot investigations. The Commission's thematic mandates are often
called monitoring mechanisms, and since fact—finding forms part of monitoring,
fact—finding visits would considerably enhance the effectiveness of the
functioning of such mechanisms. The Special Rapporteur feels that the
apparent hesitation on the part of Governments to invite him to conduct such a
fact—finding visit may stem from the fear that his findings would be considered
to be a quasi—judicial verdict. He wishes to stress that his report on such a
visit could only reveal the facts and the various contentions as submitted to
him during the visit.
13. In this context, the Special Rapporteur notes with appreciation that the
Minister of Justice of Djibouti, in a letter dated 10 June 1991, invited him
to visit that country to carry out an objective and independent inquiry into a
number of alleged cases of torture which he had brought to the attention of
the Government of Djibouti by letter dated 17 April 1991, and on which the
Government, in the same letter dated 10 June 1991, had provided detailed
information (see paras. 62—64 below). Owing to a regrettable delay in
communications, this visit, which had originally been scheduled to take place
during the first half of October 1991, had to be postponed until a later
date. The Special Rapporteur welcomes this invitation and wishes to commend
the Government of Ojibouti for its cooperative attitude. He feels that the
Government of Djibouti, by setting this example, has contributed to a more
effective functioning of the Commission's mandate on torture.
El ON. 4/1992/17
page 4
14. The urgent appeal procedure is basically different from the transmittal
of communications about alleged cases of torture. An urgent appeal is made
whenever the Special Rapporteur receives information that a person has been
arrested and fear is expressed that that person may be subjected to torture.
Such fear may be based inter qua , on accounts by relatives or other visitors
of the detainee's physical condition or on the fact that the detainee is kept
incommunicado, a situation which is conducive to torture. An urgent appeal by
the Special Rapporteur is of a purely humanitarian nature. The Government
concerned is merely requested to assure the Special Rapporteur that the
detained person's physical and mental integrity will be guaranteed. Such an
appeal, moreover, provides the Government concerned with the opportunity to
look into the matter and to uphold its obligations under international law by
instructing the detaining authorities to respect the individual's right to
physical and mental integrity.
15. In a small number of cases, subsequent to the sending of an urgent appeal
to the Government concerned, the Special Rapporteur is informed by the source
which made the request for urgent action that the person or persons regarding
whom the request was made had already been released at the time the Special
Rapporteur made his appeal. In such cases, the appeals may be considered
null and void, and are not mentioned in the report.
16. Upon the invitation of the Government of Indonesia the Special Rapporteur
visited that country from 4 to 16 November 1991 for consultations with the
authorities and with professional and non—governmental organizations. The
report on the visit will be presented in an addendum to the present report.
The Special Rapporteur wishes to express his deep appreciation to the
Government of Indonesia for extending this invitation to him. As he said in
previous reports, such visits provide him with highly useful information about
the human rights situation in a country in general, and the occurrence of
torture in particular, thereby enabling him to make recommendations to prevent
torture, taking into account the specific legal and administrative context of
that country. The usefulness of such visits for consultative purposes has
also been recognized by the Commission on Human Rights, which in paragraph 19
of resolution 1991/38 encouraged Governments to give serious consideration to
inviting the Special Rapporteur to visit their country so as to enable him to
fulfil his mandate even more effectively. The Special Rapporteur expresses
the hope that other Governments which may be approached by him in order to
discuss the possibilities for a visit will take the same positive attitude as
has been shown by the Governments of those countries which invited him in the
past. Such consultative visits are a unique expression of the combined
efforts of the organized international community and individual Governments to
eradicate the evil of torture.
17. As was said before, the reports on countr:r visits contain recommendations
which are geared to the specific situation in the country concerned. The
Special Rapporteur always invites Governments to provide him with their
comments with regard to these recommendations. The Special Rapporteur
expresses his appreciation to the Government of the Philippines for its
reaction to part of his recommendations. He is also grateful for additional
information provided to him by the Government of Turkey, a country he visited
in September 1988. The information received from these Governments appears in
chapter III below. The Special Rapporteur regrets that to date he has receive
E/CN.4/1992/17
page 5
no formal reaction from the Governments of Peru (visited in April 1988),
Guatemala or Honduras (both visited in September 1989). He reminded the three
Governments of his request for such reaction by letters dated 17 and
21 October 1991, recalling paragraph 18 of resolution 1991/38, in which the
Commission on Human Rights expressed its thanks to the Governments which
invited the Special Rapporteur to visit their country and requested them to
give due consideration to his recommendations and to keep him informed of
action taken thereon. In this context the Special Rapporteur wishes to draw
attention to information provided by the Government of Peru to the Centre for
Human Rights on some measures which have been taken and which are relevant to
his mandate. This information is also reflected in chapter I II below.
18. In April 1991 the Special Rapporteur had informal discussions with the
Chairman and with members of the Committee against Torture. He also had a
formal meeting with the Board of the Voluntary Fund for the Victims of
Torture. The European Committee for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment, of the Council of Europe, provided the
Special Rapporteur with reports on the visit the Committee paid to Austria and
to Denmark; these reports were published with the consent of the Governments
concerned. The Special Rapporteur is of the opinion that a continuing
exchange of information between the various mechanisms and bodies entrusted
with the task of combating torture will enhance their effectiveness.
19. During the first session of the Preparatory Committee of the World
Conference on Human Rights, held at Geneva from 9 to 13 September 1991, the
representative of the Working Group on Enforced or Involuntary Disappearances
drew the attention of participants to what he described as the “system
overload” of the Special Procedures Section of the Centre for Human Rights.
He pointed out that the number of special procedures serviced by the Section•
had increased in six years from 6 to 16, but that the number of staff assigned
to service these procedures had far from kept pace with this increase. OEis
disproportion will inevitably have negative effects on the quality of
implementation of the various mandates. The Special Rapporteur shares this
concern. The wider the mandate becomes known, the larger the volume of work
it entails, as more processing of information and more correspondence with
Governments is required. The Special Rapporteur feels that, as a matter of
high priority, measures have to be taken in order to enable the special
procedures established by the Commission to continue to function adequately
and effectively.
E/CN.4/1992/l7
page 6
II. ACTIVITIES OF THE SPECIAL RAPPORTEUR
A. Urg nt in
20. During the period covered by the present report, the Special Rapporteur
continued to receive increasing numbers of requests for urgent action or
information containing elements which, he deemed, justified such urgent
action. These requests principally concerned persons who were allegedly being
subjected to torture, or regarding whom fears were expressed that they may be
subjected to torture, usually while being held incommunicado in police or army
custody, or during interrogation. Following such requests, the Special
Rapporteur addressed 64 urgent messages, each of them concerning one or
several persons, for the immediate attention of the respective Governments.
In doing so, he appealed to these Governments, on a purely humanitarian basis,
to ensure that the right to physical and mental integrity of those concerned
was protected and that the treatment meted out to them while in detention was
humane.
21. Appeals were sent to the Governments of: Bahrain, Burundi, China, Cuba,
Egypt, Equatorial Guinea, Ethiopia, Greece, Haiti, Honduras, Iran, Iraq,
Jordan, Kenya, Kuwait, Malawi, Malaysia, Mauritania, Morocco, Nigeria,
Pakistan, Philippines, Rwanda, South Africa, Sri Lanka, Sudan, Tunisia,
Turkey, Uganda, Union of Soviet Socialist Republics and Zaire.
22. OEe Governments of the following countries replied to the appeals for
urgent action addressed to them by the Special Rapporteur (including appeals
sent previously and reflected in previous reports of the Special Rapporteur):
Bahrain, Colombia, Cuba, Egypt, Equatorial Guinea, Greece, Iran (Islamic
Republic of), Iraq, Israel, Kenya, Morocco, Myanmar, Philippines, South Africa,
Sudan, Turkey, Union of Soviet Socialist Republics, Zaire.
B. Implementation of Con ission resolution 1991/70
23. In the framework of Commission resolution 1991/70, entitled
ItCooperation with representatives of United Nations human rights bodies”,
the Special Rapporteur sent an urgent appeal to the Government of Turkey
on 11 September 1991 concerning Yavuz Binbay, president of the Turkish Human
Rights Association and member of the Executive Committee of that organization
at the national level, who had been reporting regularly on the human rights
situation in that region. According to the information received he was orally
threatened by members of the Security Department in the city of Van in
April 1989 and in March 1990. After the threats, he reportedly had two car
accidents under circumstances which he believed were provoked. It was further
alleged that he was under permanent surveillance by members of the MIT (a
security service) and by local members of the Security Department. Given the
fact that in the past he had been imprisoned and subjected to torture, fear
was expressed that he could again be arrested and ill—treated.
24. The Special Rapporteur transmitted to the Government of the
Islamic Republic of Iran, by letter dated 6 August 1991, information received
on the arrest and subsequent alleged torture of Mr. Massoud Afravi, soon
after he met the Special Representative of the Commission on Human Rights,
Mr. I L Galindo—Pohl, during the latter's visit to Tehran in January 1990.
E/CN.4/l992/l7
page 7
In his meeting with the Special Representative, Mr. Afravi denounced human
rights violations in the Islamic Republic of Iran, including the alleged
summary execution of his brother Naji Afravi, in January 1989, in Khalkhal.
Mr. Massoud Afravi was arrested on 30 January 1990 at his home and detained at
Shahr Rey prison, Nikonam Street, near Tehran. During his detention he was
allegedly tortured in various ways, and as a result had a large scar on his
left upper arm. During 1990 he was sent for treatment at the Pars hospital on
several occasions, but was sent back to the Shahr Rey prison afterwards, where
torture allegedly resumed. During one stay at the hospital in December 1990
he was able to escape and he eventually fled the country. According to the
source, Mr. Afravi had a medical certificate dated 18 March 1991 concerning
the above—mentioned scar on his left upper arm, stating that the torture
allegation coincided with the results of the medical examination.
C. Correspondence with Governments
Bahrain
Urgent appeals and Government replies
25. On 3 May 1991 the Special Rapporteur sent an urgent appeal to the
Government of Bahrain concerning Sa lah Abdullah Habil Al—Khawaja, whose case
had already been transmitted to the Government on 6 June 1990 (see
E/CN.4/199l/17, paras. 25 and 26). By letter dated 6 August 1990 the
Government of Bahrain informed the Special Rapporteur that this person had
been sentenced to a term of seven years' imprisonment, and affirmed that he,
and the other persons named in the above—mentioned letter, had not been
subjected to any form of physical or mental torture. The Special Rapporteur
drew the Government's attention to information he received according to which
Mr. Al—Khawaja and other prisoners went on hunger strike to protest against
their conditions of detention and the ill—treatment to which they were
allegedly subjected. It was further alleged that Mr. A1—Khawaja had been
beaten and injured by police personnel and was subsequently transferred from
Al—Manama prison to Jaw prison, where he was being held incommunicado and was
given no medical treatment. Fears were expressed that his health might
further deteriorate unless he received the necessary medical care.
26. On 26 August 1991 the Government of Bahrain replied that Salah Abdullah
Hubail Al—Khawaja had been brought to trial before the State Security Court on
the charge of engaging in acts of terrorism and weapons training with a view
to changing the State's political system, and that he was serving his prison
sentence. The competent authority had confirmed that the above—mentioned
person had not been subjected to any form of torture and that the allegations
made in this connection were unfounded. The reply also indicated that all the
prisoners enjoyed their legally stipulated rights in regard to family visits
and medical care.
Letters
27. On 18 October 1991 the Special Rapporteur sent a letter to the Governmen t
of Bahrain concerning the death as a result of torture of Mamdooh Mahdi Abmed.
This person was reportedly arrested in 1980, when he was 13 years old, and
taken to the Al Qala'a prison in Manama, where he remained for four years
E / ON. 4 / 1992 / 17
page 8
under the State Security Decree. During this period he was not permitted to
appoint a lawyer and, during the first two years, his family was not permitted
to visit him. He was reportedly subjected to severe beating, in particular on
his head and nose, which caused a fracture of a bone in the nose, and developed
epilepsy; this illness affected his mental capacities and caused a periodic
coma. Despite the medical treatment undergone, his health condition
deteriorated and, on 20 May 1991, he died in the Salmaniya hospital.
Banfladesh
Letters and Government replies
28. On 27 November 1990 the Special Rapporteur sent a letter to the
Government of Bangladesh transmitting information according to which
Hasanul ICarim alias Manik, a student leader aged 24 from Chittagong, and
Chandan Kumar Bhowmik, were arrested on 21 May 1990, reportedly following an
armed clash with police. It was alleged that following their arrest, they
were taken to a nearby police camp where they were tortured and kicked, and
that they were later transferred to Kotwali police station. On 22 May 1990
Manik's father was informed that his son had died on the way to a hospital.
The post—mortem report revealed that the cause of death was shock and
haemorrhage of the brain. The injuries were said to have been caused by blunt
weapons. Police later claimed that Manik died because of manhandling by the
public at the time of his arrest, but this version was denied by eyewitnesses.
29. On 18 December 1990 the Government of Bangladesh replied, describing the
violent incident in which Hasanul Karim and an accomplice were manhandled and
injured by members of the public before they were arrested by police. The two
were among a group who had allegedly opened fire indiscriminately with
automatic weapons and exploded fire crackers on the court premises in order to
snatch away two accused persons from police custody. Two policemen were
seriously injured in that incident. Hasanul Karim was given first aid, but
his condition later deteriorated and he had to be admitted to Chittagong
Medical College Hospital, where he died of his wounds. The Minister for Home
Affairs instructed the Criminal Investigation Department to investigate the
case fully and submit a report. There had, however, been no proof or evidence
regarding the death of Hasanul Karim due to police torture. The allegations
concerning his death as the result of police brutality and torture were
therefore completely misconceived, distorted and misleading and did not relate
to the actual facts.
30. On 18 October 1991 the Special Rapporteur sent a letter to the Government
of Bangladesh transmitting information concerning Manirul Murshed, a
Bangladeshi asylum seeker in Sweden, who was forcibly returned to Bangladesh
on 10 October 1990, after his application for asylum had been rejected by the
Swedish authorities. On arrival at Dhaka airport he was arrested by airport
police and during the 13 hours of his detention he was repeatedly beaten with
a truncheon, including on the soles of his feet and his genitals, whipped with
an electric cable and kicked. After being released he was examined by a
doctor who confirmed that he had been severely tortured and that, as a result,
his eyesight had been permanently damaged.
E/CN.4/l992/l7
page 9
31. On the same date, the Special Rapporteur also informed the Government of
a report he had received regarding the human rights situation in the
militarized region of the Chittagong Hill Tracts. According to this report,
people accused of being members of the Shanti Bahini (the armed wing of the
underground political party Jana Samhati Samiti) were frequently arrested and
severely tortured.
Belize
Letters
32. On 17 April 1991 the Special Rapporteur sent a letter to the Government
of Belize concerning Luis Arturo Ar valo, a Guatemalan citizen, who was
reportedly captured by the Special Branch of the Belizean security forces on
3 or 4 November 1990, allegedly subjected to torture and then handed over to
the Guatemalan authorities. It was later reported that the Prime Minister of
Belize had appointed a commission of inquiry to make a full and thorough
investigation into the torture allegation. OEe Special Rapporteur asked the
Government to inform him of the findings and conclusions of the inquiry.
Brazil
Letters
33. On 17 April 1991 the Special Rapporteur sent a letter to the Government
of Brazil transmitting information alleging that the practice of arresting
people, subjecting them to torture and then releasing them without charge, was
a common practice in the country. It was further alleged that those
responsible for the torture, when they were identified and brought to trial,
were often given very light sentences. To illustrate that allegation the
sources reported the case of an agent named Jos6 Gaetano Pereira, who was
convicted of committing torture and was sentenced, in August 1990, to three
months' imprisonment by the judge of 1st Instance of Ipatinga, Minas Gerais
State. The sentence was reportedly later commuted to six months' community
service. Since then various people reported cases of torture alleging that
the same agent was responsible.
34. Information was also transmitted regarding the case of a 16—year—old
youth, named Domingo Vasconcelos Macedo, who was arrested by police in
October 1990 at Rio Branco, Acre State, and taken to the 6th Police Station.
He was later taken by military police to the 1st Battalion Headquarters where
he was allegedly subjected to torture.
35. On 7 May 1991 the Government informed the Special Rapporteur of a draft
law which was being considered by the Congress in order to include in the
penal code the crime of torture as a crime against the democratic State and
humanity
Bulgaria
Letters and Government replies
36. On 16 December 1990 the Government of Bulgaria sent a letter to the
Special Rapporteur in reply to his letter dated 18 July 1989 (E/CN.4/1990117,
para. 36), concerning allegations that several ethnic Turks died after being
E/CN.4/1992/17
page 10
beaten by security personnel in the course of violent demonstrations held in
May 1989. The Government stated that judicial inquires had been initiated
with regard to cases of violence, that the findings had been published and
that the respective offenders were now facing the established charges against
them. It was further affirmed that, following the political changes in the
country, the Bulgarian parliamentarians had recently adopted several
amendments and supplements to the existing Constitution, and had also begun a
large—scale effort to draft a completely new one.
Burund i
Urgent appeals
37. On 3 December 1991 the Special Rapporteur sent an urgent appeal to the
Government of Burundi concerning the following persons: Lib re Barankitse,
businessman; Liboire Bucumi, employee at the central bank; Emmanuel Ciiza,
technician; Antoine Habonimana, employee at the central bank; Samuel Magenge,
employee at the Prince Regent Hospital; Com t4inani, employee at the airport;
William Munyembabazi, leader of the Musaga area; Vincent Ndayihebura,
security guard; Severin Nsengimana, employee in the Ministry of Health;
Fid le Ntezahorirwa, employee in the Ministry of the Interior;
Philippe Nzobonariba, employee in the Martens company; and Augustin Nzojibwami,
teacher. According to the information received, these people, all members of
the Hutu ethnic group, were arrested on 25 and 26 November 1991 on charges of
maintaining links with the Party for the Liberation of the frutu People and for
taking part in an armed attack on military installations in Bujumbura. They
were later taken to the Mura barracks and to other police detention centres
and some were reportedly severely beaten when they were arrested. Fears
had been expressed that these people might be subjected to torture or
ill—treatment.
Cameroon
Letters
38. On 18 October 1991 the Special Rapporteur sent a letter to the Government
of Caineroon transmitting information according to which certain political
prisoners were being held in extremely harsh conditions which had seriously
damaged the health of some and caused the death of others. The following
cases were reported:
(a) Moudjo Hildina was said not to have been released from the
Nkondengui prison on completion of his sentence, in 1986. In December 1987 he
was paralysed, but for a long time he was refused medical treatment. He died
in hospital in June 1989;
(b) Abdoulaye Mazou, a former lawyer and magistrate whose prison
sentence ended in 1989, was released from the Nkondengui prison in April 1990
and placed under house arrest. When he left prison he was suffering from
several illnesses, including eyesight and kidney problems. Nevertheless, he
was forced to wait for months before being allowed to travel to Yaound6 for
treatment.
E/CN. Lt/1992/17
page 11
Chile
Letters
39. On 17 April 1991 the Special Rapporteur sent a letter to the Government
of Chile transmitting information on cases of torture and ill—treatment which
reportedly occurred between March and December 1990. The letter mentioned the
following cases: Fernando Concha Galvez, Iv n Concha Pizarro, Erwin Rivera
Castillo, Pedro Felipe Ramirez Chaparro, Lino Enrique Palma Insulza,
Vladimir Ernesto Salamanca Morales, Rodrigo Morales Salas, Alvaro Rodriguez
Escobar, Sergio V squez Barrientos, Ester Alfaro GonIIlez, Abraham Larrea
Zamorano, Catalina Avila Lazo, Wilson Rojas Mercado, Rodrigo Saa Gerbier,
Yuri Aliro Vargas Araya and Jorge Antonio Espinola Robles. These people were
reportedly subjected to torture and ill—treatment at various police stations
and, among other things, were kicked and punched in different parts of the
body, strung up for long periods by their wrists, deprived of food, water and
sleep, suffered electric shocks to the sensitive parts of the body, near
suffocation from plastic bags placed over their heads, “submarino seco” ,
threats against them and their families, and mock executions. In the case of
Jorge Antonio Espinola Robles, who was held at the Santiago Third Police
Station, it was reported that, under the remedy of amparo , a request was made
that a doctor should be sent urgently to the police station from the Forensic
Medicine Department. The doctor observed that the detainee had various
injuries which could only be explained by bullet wounds received when he was
detained and by ill—treatment.
40. On 18 October 1991 the Special Rapporteur sent a second letter to the
Government of Chile transmitting information to the effect that, despite the
legislative measures adopted by the Government, torture was still being used
by members of the Carabineros and the Police Department. The majority of the
cases communicated involved members of armed opposition groups, in particular
the Lautaro Youth Movement and the Manuel Rodriguez Patriotic Front, but also
people who were arrested as a result of peaceful demonstrations or in
connection with criminal investigations. In particular the following cases
were transmitted:
(a) Jaime Patricio Celis Adasme, Jaime Ivan Pinto Aglioni, Julio Ricardo
Prado Bravo, Marcela Laura Mardones Pacheco and Patricio Alejandro Gallardo
Trujillo, who were arrested between 6 and 10 July 1991 in Concepci6n by
officers of the Police Department;
(b) IvS Andr s C6rdova C6rdova, arrested on 27 May 1991 and taken to
the San Luis de Macul Police Station;
(c) Galia Gimpel Martinez, arrested on 20 May 1991 by carabineros and
taken to Station No. 18 in Santiago;
(d) Lucio Eduardo Maldonado Garcia, arrested on 15 May 1991 by the
carabineros and taken to the police station in La Victoria, Santiago;
(e) Angel Patricio MIIioz Faundez, arrested by carabineros on
29 April 1991 in Cerro Navia, Santiago and taken to the carabineros station in
San Pablo;
E /CN.4/1992/17
page 12
(f) Maria Teresa GonIIlez Rodriguez, arrested by carabineros on
29 April 1991 in Santiago and taken to Carabineros Station No. 38;
(g) Patricio Fernando Ortiz Montenegro and Pedro Alberto Ortiz
Montenegro, arrested on 28 February 1991 in Santiago by carabineros and taken
to Police Station No. 10;
(h) Claudio Cavieres Montanares and Caoeilo Cavieres Montanares, arrested
on 28 February 1991 in Santiago by carabineros and taken to Police
Station No. 3;
(I) Miguel Armando Montecino Montecino, arrested by carabineros in
Santiago on 19 December 1990 and taken to Police Station No. 3;
(j) Roberto Amado Pardo Ramirez, arrested in Santiago on 2 October 1990
and taken to the Carabineros Barracks No. 13;
(k) Pauline Jenkin Solervicens, arrested by carabineros on
13 September 1990 in Santiago;
(1) F lix Madariaga Leiva, arrested by carabineros in Santiago
on 13 September 1990 and taken to Police Station No. 3;
(m) Leonardo AndrS Virti L6pez, arrested on 7 September 1990 in
Santiago and taken to the Police Department in Peiialolen;
(n) Marta Montiel Oyarz6n, arrested by carabineros in Santiago
on 25 August 1990;
(o) Ef rain del Carmen Rojas Acevedo, arrested by carabineros
on 17 August 1991 in Santa Adriana, Santiago;
(p) Gladys Carvajal Fuentes, arrested on 13 June 1990 in Graneros by
members of the Carabineros Special Operations Group;
(q) Fernando Enrique Moreno Vega, arrested on 18 May 1990 in Santiago
and taken first to Police Station No. 12 and then to Police Station No. 3;
(r) Miguel Angel Chac6n Leyton, arrested by carabineros in Santiago
on 29 March 1990 and taken to the Station in Renca;
(s) Juan V squez Ossa, arrested by carabineros on 29 March 1990 in
Santiago.
China
Urgent appeals
41. On 28 August 1991 the Special Rapporteur sent an urgent appeal to the
Government of China concerning Wang Juntao, aged 33, and Chen Ziming, aged 39,
serving a 13—year prison sentence for their alleged involvement in the wave
of incidents which occurred in Beijing in June 1989. According to the source,
both prisoners had been held in solitary confinement in Prison 2 in Beijing
E/CN.4/1992/17
page 13
since 12 April 1991. It was reported that both had commenced a hunger—strike
on 13 August 1991 to protest against their continued solitary confinement,
lack of medical care and poor conditions in the prison. It was further
reported that Wang Juntao was suffering from Hepatitis B, allegedly contracted
in prison. Fears had been expressed that the physical integrity, and even the
life of these two persons might be in danger unless they were promptly given
adequate medical treatment.
42. On 17 September 1991 the Special Rapporteur sent an urgent appeal
to the Government of China concerning Lobsang Tsondrue, a Buddhist monk
aged 76 from Drepung monastery who had been arrested in April 1990, sentenced
to six years' imprisonment and held in Drapchi prison, Lhasa, since then.
It was reported that following an incident which had taken place in the
prison on 27 April 1991, Lobsang Tsondrue and about 20 other prisoners had
been subjected to severe beatings and, according to the information provided
by another prisoner who saw him in late June, Lobsang Tsondrue had blood stains
on his face and clothes and was in poor health. It was further reported that
he had been held in prolonged solitary confinement, in violation of Chinese
regulations which limit this punishment to 15 days. In the light of these
circumstances, fears were expressed that his state of health might be
seriously endangered.
43. On 10 December 1991 the Special Rapporteur sent an urgent appeal to the
Government of China concerning the following persons:
(a) Sonam Wangdu, also known as Shukden or Shungden, who was sentenced
to life imprisonment in 1988 and was being held in Drapchi prison, Lhasa.
According to the sources, he was severely beaten following his participation
in a peaceful vigil which took place in the prison in December 1990. He was
later transferred to the public security hospital in bad condition and unable
to walk on his own. After some treatment, he was returned to Drapchi jail in
mid—February where he was being held incommunicado. Sources reported that his
health was deteriorating rapidly and he could no longer control his bladder;
however, he had not been provided with any medical care;
(b) Lonbsang Topchu (lay name Kungkyab), a monk of Sera monastery from
Medro Lapdong, was arrested for taking part in a demonstration in the Bakhor
area of Lhasa in May 1991 and stabbed repeatedly. He was first taken to the
military hospital near Sera monastery and later transferred to Gutsa prison.
Because of the stab wounds to his back and head he was unable to see properly
and his breathing had been severely affected. According to the sources,
despite the fact that he could no longer stand, even aided, he was being
held in his cell at Gutsa, not in the hospital;
(c) Phuntsok Tsungme (lay name Thupten), a 23—year—old non—registered
monk of Sera monastery, was arrested in May 1991 for taking part in a
demonstration and was being held at Gutsa prison in Lhasa. According to
the sources, he was receiving very harsh treatment and had been severely
beaten by prison authorities;
(d) Lobsan Delek (lay name Sonam Choephel), a monk of Sera monastery,
was arrested in May 1991 at his brother's office at the Tibetan Academy
of Social Sciences and taken to Sangyip prison, 5 km north of Lhasa.
E / CN .4/1992/17
page 14
There he was placed in Block II and, since then, held in solitary confinement.
In these circumstances, fears were expressed that his state of health had been
affected.
Letters and Government replies
44. On 14 February 1991 the Special Rapporteur sent a letter to the
Government of China transmitting information alleging torture and
ill—treatment of prisoners in Tibet, including several nuns who were detained
and allegedly tortured in Gurtsa prison, after taking part in pro—independence
demonstrations. Most of the reported arrests occurred during 1989 but two
occurred in 1988 and 1990, respectively. The following detailed cases were
transmitted:
(a) Ugyen Dolma, aged 21, from Shugseb nunnery, arrested on 17 May 1988
at Barkhor and held in Gurtsa jail for two months. Her torture allegedly
included being beaten until she was unconscious, and being sexually assaulted
with an electric prod;
(b) Namdol Tenzin, aged 18, from Tsangkung nunnery, arrested twice
in 1989 for a total period of five months and held in Gurtsa prison. Her
torture included electric shocks applied to fingers;
(c) Puntsok Lamdru, aged 18, from Chubsang nunnery, arrested on
15 October 1989, in Barkhor, together with two other nuns and held in Gurtsa
prison for 10 months. The three nuns were allegedly beaten until they were
unconscious and sexually assaulted with an electric prod;
(d) Kusang, aged 25, from Ani Tsangkung, arrested in March 1990,
and sentenced to one year in prison. She was being held in Gurtsa prison.
It was alleged that she was slashed with a knife, choked and tied in contorted
positions. It was further alleged that she became insane as a result of
beatings at Sangyip following her arrest;
(e) Ani Kalsang Palmo, aged 24, from Shungseb convent, arrested on
17 May 1989 together with several other nuns and monks and held in Gurtsa
prison. Her alleged torture included being bitten by a dog, being brutally
beaten and sexually assaulted with an electric prod and being deprived of food
and medicine for several days.
45. In addition to the aforementioned it was alleged that Lhakpa Tsering
aged 20, was tortured to death on 15 December 1990 at Drapchi prison, north
of Lhasa. Lhapka Tsering was reportedly arrested on 4 November 1989 for
pro—independence activity and was held in Gurtsa prison for several months.
It was reported that the other inmates in Drapchi. prison had heard him being
beaten in his cell and crying out that he was going to be killed. The same
sources alleged that the body was seen to “bear many bruise marks”. It was
reported that a post—mortem was to be conducted, but that the findings had
not been published.
46. On 9 May 1991, the Government provided the Special Rapporteur with
detailed information concerning two of the persons mentioned in his letter:
E/CN.4/ 1992/17
page 15
(a) Kusang, a Buddhist nun, aged 23, was sentenced to six years'
imprisonment and deprived of her political rights f or two years, after
being convicted of “repeated illegal activities aimed at the division of
the fatherland”. It was stated that she was in prison serving her sentence,
and was in good health. Accusations that Kusang has been tortured or beaten
while in prison were dismissed as “sheer nonsense”.
(b) La Baciren, referred to above as Lhakpa Tsering, was sentenced
on 4 April 1990 to two years' imprisonment, and fell ill on 10 December 1990.
The competent Chinese authorities actively arranged treatment for him but
his illness was severe and emergency treatment proved ineffectual; he died
on 15 December 1990. The Chinese authorities had arranged for experts to
conduct a post—mortem, the upshot of which was that he had been suffering
from pervasive peritonitis and acute, festering, lethal appendicitis.
Mr. Baciren was in prison because he had broken the law, and this was
strictly an internal Chinese matter; he died because he had fallen ill
and emergency treatment was unavailing. According to the Government,
to say he was “beaten to death” was totally without foundation,
47. Regarding the remaining four alleged cases of torture, the Government
indicated that inquiries conducted by the competent authorities had concluded
they were “pure fabrication”.
Colombia
Urgent apDeals and Government replies
48. On 9 January 1991, in reply to an urgent message from the Special
Rapporteur of 20 July 1990 (EICN.4/1991/17, para. 47) concerning
Juan de Dios Moreno and Licinio Renteria, the Government of Colombia supplied
information to the effect that both these persons had been released. However,
the reply makes no reference to the allegations of torture.
49. On 26 December 1990 the Special Rapporteur sent an urgent appeal to the
Government of Colombia regarding Mr. Rodrigo Guisao, his son Ale andro Guisao,
and Efrain N. Higuita, who were arrested on 11 December 1990 by soldiers of
the Voltigeros Battalion, who had allegedly raided the homes of banana workers
on the Prado Mer plantation, in the Currulao, in the municipality of Turbo,
Uraba. On 12 December these persons were reportedly transferred to the
battalion's base in Carepa. In view of earlier allegations about torture
and ill—treatment of prisoners by members of the Voltigeros Battalion,
fears were expressed about the physical integrity of these three people.
50. On 23 January and 13 February 1991 the Government reported that
Rodrigo Guisao, Alejandro Guisao and Ef rain Higuita had been released without
charges and that they had told the Apartad6 Provincial Prosecutor that they
had suffered no moral, physical or psychological ill—treatment at the hands
of the armed forces.
Letters and Government reDlies
51. On 14 February 1991 the Special Rapporteur sent a letter to the Government
of Colombia transmitting information on the following cases of torture which
had allegedly occurred during the second half of 1990:
E / CN . 411992117
page 16
(a) German Antonio Parada and Jairo Jos Jim6nez Bautista were
reportedly seriously tortured, after being arrested together with other
persons on 29 July 1990 by members of the armed forces. Mr. Antonio Parada
died and, according to one witness his body showed signs of wounds and blows.
Mr. JiSnez Bautista was released on 3 August 1990 and reported that he had
been subjected to torture and ill—treatment, including a mock summary execution
which had been staged by a lieutenant of the military base in Los Alpes. He
also claimed that he had been compelled to declare before a judicial authority
in Arboledas, before being released, that he had not been detained but that he
had accompanied the soldiers as a guide of his own free will and that the
bruises on his face had been the result of drunkenness 15 days before;
(b) Gabriel Fl6rez, regional leader of the Asociaci6n Nacional de
Usuarios Campesinos, was arrested on 8 September 1990 by members of an army
patrol in Montebello, in the municipality of Betulia, Department of Santander.
He was held for three days and was allegedly severely tortured;
(c) Carlos Lugo Gonzilez, a student at the District University,
was arrested on /4 October 1990 by police officers, during a demonstration
in Bogot . He was reportedly severely beaten by policemen while he was being
taken to the Investigation Centre known as CAT. Afterwards he was taken to
Police Post No. 5 and later to the Judicial Investigation Division (DIJIN),
where he was not admitted because of multiple injuries, including some to his
head. When the case was submitted to the Special Rapporteur, Mr. Lugo was in
the Modelo prison, without knowing why he was being held.
Cuba
Urgent anDeals and Government replies
52. On 25 September 1991 the Special Rapporteur sent an urgent appeal
to the Government 5f Cuba regardtng fdrmer li ut aaz t in Statr Security,
Alejandro Joaquin Fuentes Garcia, who was arrested during September 1991,
after he tried to leave the country by boat from a spot on the north coast
of Villaclara. He was taken to the State Security Intelligence Department
in Santa Clara and, according to the information received, was badly beaten
so that a kidney became detached. Furthermore, some days later, in the
provincial prison of Villaclara, he suffered cardiac arrest when he tried
unsuccessfully to commit suicide by hanging himself; information has none
the less been received that he has been given no proper medical treatment.
53. Tn a note verbale dated 23 October 1991 the Government stated that
Mr. Fuentes Garcia had been arrested on 20 June 1991 when he was planning to
leave the country illegally with five other persons and that he was awaiting
trial. The Government also said that Mr. Fuentes Garcia had been suffering
from a kidney ailment for several years and that, during his detention, he
suffered from nephritic colic but at all times received proper medical care
and was never ill—treated or tortured.
Letters and Government replies
54. On 6 August 1991 the Special Rapporteur sent a letter to the Government
of Cuba transmitting information on the following cases of torture:
E/CN.4/ 1992/ 17
page 17
(a) Arturo Alvarez Varela, 52 years old, workman, living in Santa Isabel,
Jacomino District, San Miguel del Padr6n. He was arrested on 27 December 1990
on grounds of “breach of State security” and taken to Detention Centre No. 100
Aldav6 of the Technical Investigation Department. There, he was allegedly
subjected to torture, including beatings in which his nose was broken; he was
also held in cells kept below zero temperatures and in one that was pitch dark.
He was then transferred to the Combinado del Este prison. His relatives were
allegedly threatened with imprisonment and he himself threatened with worse
treatment if either he or his family revealed what had taken place during his
detention;
(b) Ram6n de Jes us Almoa Garcia was detained in Combinado del Este.
On 22 April 1991 he was allegedly badly beaten by military officers;
Cc) Calder6n Espin, described as a “political prisoner”, died
on 25 April 1990 in the Amalia Simoni Hospital, in the province of CamagUey.
He reportedly died from beatings by a sergeant whose name was transmitted
to the Government;
(d) Daniel de Jescts Almoda Garcia, described as a “political prisoner”,
was allegedly taken on 23 April 1991 to the punishment cells in the “Rect ngulo
de la Muerte” where he was badly beaten by the staff of the Combinado del Este
prison (their nicknames were transmitted to the Government).
55. OEe Special Rapporteur also transmitted to the Government information
received about an incident in which criminals under ordinary law occupied the
Nieves Morej6n de Sancti Spiritu prison for several hours in protest against
the ill—treatment and the hunger of the prison population when food rations
were reduced by 50 per cent. It was said that in the attack by the security
forces to regain control over the prison several persons died and many were
injured. It was also said that, on 16 May 1991, over 100 prisoners showing
signs of having been beaten up were confined with their hands and feet tied
in cells in the Manacas prison because they took part in the Nieves Morej6n
prison uprising.
56. In a note verbale dated 23 October 1991 the Government transmitted the
following information regarding these cases:
(a) Mr. Arturo Alvarez Varela was detained and tried for various economic
off ences. He was tried by due process of law and it has been ascertained that
at no time was he subjected to any improper treatment by the authorities or
officials of the Technical Investigation Department;
(b) Mr. Calder6n Espin (Miguel) is currently at the Camagiiey prison
centre serving a sentence for robbery. Because the information provided is
not accurate, it is not certain whether that is the person in question nor can
any further investigation be made;
(c) As to Mr. Ram6n de Jes&s Almoa Garcia and Mr. Daniel de Jesus
Almoda Garcia, prison checks reveal no record of anyone corresponding to the
general description being imprisoned either in the past or at present.
VCN.4/1992/17
page 18
57. Regarding the events of 15 May 1991 in the Sancti Spiritu prison centre,
the Government has said that they took place as a result of personal quarrels
among the prisoners who began to attack one another, and subsequently when the
prison warders tried to restore order. Some of the prisoners were armed and,
in the process of bringing them under control, several were injured and
three were killed (Jos Roberto Garcia Iglesias, Julio Mondeja Alvarez and
Eloy Javiel Mata). Five prison warders were also injured.
58. On 18 October 1991 the Special Rapporteur sent a letter to the Government
of Cuba transmitting information to the effect that Mrs. Maria Celina
Rodriguez, president of the religious association Libertad y Fe, was detained
with her three—year—old son on 2 August 1991 by members of the State Security
Department and taken to the L and Malec6n Police Station. She was subsequently
transferred to other State security units and on 8 August was placed in the
Havana Psychiatric Hospital, where she was separated from her son. According
to the reports, she was held for several days among the mental patients, who
constantly insulted and threatened her; in addition she was forced to witness
the electric shock treatment given to patients. Information has also been
received that the hospital authorities threatened to subject her to similar
treatment. She was released at the end of the month.
59. In the same letter the Special Rapporteur also communicated to the
Government that he had received two reports of cases of persons who, during
the 1970s and 1980s, in particular, had allegedly been held in psychiatric
hospitals on political grounds and who had been subjected to various forms
of physical and mental torture such as the abuse of electric shock and drug
therapy.
60. In a note verbale dated 24 October 1991, the Government said
that Mrs. Rodriguez had been held without her son on 2 September 1991 on
charges of causing public commotion and that she had remained in custody
for only one day. During the proceedings preparatory to the trial, the
Prosecutor—General's Office requested that Mrs. Rodriguez should undergo an
expert medical examination to determine whether her attitude was caused by
psychiatric disorder. The examination was made with her full consent and
at present she is completely free and has never been subjected to inhuman
or degrading treatment.
61. The Government also said that no form of physical or mental abuse is
practised in the Republic of Cuba and that the law stipulates harsh penalties
for any officials or authorities who commit such offences. In addition,
psychiatric treatment is given in accordance with the relevant professional
standards of mental health and with the consent of the person concerned.
Diibouti
Letters and Government replies
62. On 17 April 1991 the Special Rapporteur sent a letter to the Government
of Djibouti transmitting information to the effect that several people who had
been arrested between 9 and 11 January 1991 in Djibouti. City were allegedly
tortured in detention. OEeir names and positions are reported as follows:
E/CN.4/l992/l7
page 19
Abdel—Kader, police officer; Afada, army sergeant; Ahmed Mohamed Badri,
non—commissioned officer; Hassan Kader Dileyta, security officer;
Mohamed Ahmed Dini, army officer; Hassan A u Horsa; Bourhan Mohamed
Houmed (“Barisso”); Cheicko Mohanied, private.
63. OEese persons, who are all members of the Afar community, were among
the 100 people who were reportedly arrested shortly after an armed attack
on 8 January 1991 on a military barracks in Tadjourah. They were reportedly
tortured while they were being held without charges by the security forces.
According to the source, in the past persons detained on political grounds
were subjected to such tortures as electric shocks, being held in a cell
filled with water, strung up from a horizontal bar and beaten (a method known
as “the swing”), having a bottle full of water tied to the testicles and a
bottle inserted in the anus.
64. On 10 June 1991 the Government replied and denied the allegations
of torture, providing information on each of the cases mentioned in the
Special Rapporteur's letter, including the exact identity of the persons
listed and details about their supposed involvement in the plot. The
following information was provided:
(a) Abdel Kader (Lieutenant Abdoulkader Mohammed Abass): At no time was
he subjected to cruel or degrading treatment nor did he ask to be examined by
a doctor either before or after he was charged. He is being held in the
Damenjog camp, where he is allowed visits from members of his family;
(b) Mohamed Ibrahim Afada: At no time was he subjected to physical
abuse nor did he request a medical examination. He was released on bail on
14 April 1991;
(c) Ahmed Mohamed Badri: According to the Government, no charges
have been brought against such a person. His real name could well be
Ahmed Mohamed Houmed, who did not at any time inform the examining judge of
any cruel or ill—treatment and never requested a medical examination. He was
released after charges were brought against him;
(d) Hassan Kader Dilleyta: According to the Government, no charges
have been brought against such a person. His real name could well be
Abdoulkader Dilleyta Ougoureh, who was arrested on 18 January 1991 and is
being held in the Idriss Farah Abaneh Centre in Nagade and is allowed to be
visited by his family. In a letter dated 28 January 1991 to the examining
judge, Abdoulkader Dilleyta Ougoureh and 15 other accused persons denounced
the physical cruelty to which they were being subjected while in custody.
They were examined by three doctors at the request of the examining judge and
the medical certificate given after the defendant was examined did not reveal
any visible injuries or any functional disability (a copy of the certificate
is attached);
(e) Mohamed Ahmed Dini: According to the Government, no charges were
brought against such a person. His real name could well be Moha n ied Abmed
Omar, who did not at any time complain of physical cruelty nor did he request
a medical examination. A committal order was issued on 19 January 1991 and
he was released on bail on 14 April 1991. (The person in question might
E / CN • 4 / 1992 / 1 7
page 20
also be a warrant officer named Ahmed Dini Moyaled who claimed that he made
his confession under pressure from his superior officers. At no time did he
complain of physical abuse nor did he request a medical examination. He is
being held in the civilian prison in Gabode);
(f) Hassan A u Harsa: According to the Government no charges were
brought against this person, whose real identity could well be that of
Hassan A u Arras. At no time did he complain of physical abuse nor did he
request a medical examination. He was released after charges were brought
against him;
(g) Bourhan Mohamed Houmed (Barisso): A committal order was issued
on 18 January 1991 and he was released on bail on 1 April 1991. At no time
did he complain of ill—treatment nor did he request a medical examination.
His name is on the list of the 15 defendants who complained of ill—treatment
and Bourhan Mohamed Bourhan made a point of informing the examining magistrate
that he had been misled (a copy of the letter is attached) and that he had not
signed the complaint. However, he was given a medical examination at the
request of the examining judge but it revealed no physical injury (a copy
of the certificate is attached);
(h) Oheilco Mohamed (Cheikho Mohamed A u): A committal order was issued
on 18 January 1991 and he was released on bail on 14 April 1991. At no time
did he complain of physical brutality or ill—treatment nor did he request a
medical examination.
65. The Government further stated that the medical certificates (copies
attached) issued at the request of the examining magistrate for the 14 accused
people concerned did not firmly establish that brutality had been used.
Dominican Republ4
Letters
66. On 6 August 1991 the Special Rapporteur sent a letter to the Government
of the Dominican Republic transmitting information received to the effect that
Mr. Joubert Pierre, 19 years of age, a Haitian citizen, was detained by police
officers on 20 April 1990 at his home in Boca Chica and charged with stealing
a butane gas cylinder. He was taken first to the police post in Andr6s Boca
Chica and then to the general police headquarters in Boca Chica. On 24 April
Mr. Pierre, complained to visitors that he had been severely tortured by
policemen. Subsequently, when his mother went to visit him the police said
that her son had been transferred to the Doctor Luis Aybal Hospital; however,
when she went to the hospital she was told that her son was not there. His
body was later identified in a morgue by his mother and an official of the
Haitian Embassy in the Dominican Republic.
Ecuador
Letters and Government replies
67. On 14 February 1991 the Special Rapporteur sent a letter to the
Government of Ecuador transmitting information received to the effect that
E ICN.4/ 1992/ 17
page 21
there had been cases of torture in Ecuador in 1989 and 1990. Most of the
prisoners alleged to have been subjected to torture or ill—treatment were
persons suspected of of fences under ordinary law, but complaints were also
received about cases of torture and ill—treatment in which the victims were
members of the armed forces. Most of the reports claim that the Criminal
Investigation Department of the Province of Pichincha was responsible.
Some regional police and local INTERPOL (the international branch of the
police) units were also reported as being involved. Information has also
been submitted to the effect that the administration of the prisons in Quito
had complained to the Government about the physical condition of some of
the prisoners after they had been questioned by the police. The methods
of torture included being beaten and kicked while hung up by the wrists
or thumbs; beatings on the soles of the feet, covering the head with bags
containing tear—gas and causing near—suffocation; and applying electric
shocks to sensitive parts of the body. In some cases, persons held by the
police allegedly died as a result of torture, specifically the following:
(a) Self ido Ilves Camacho, arrested on 7 May 1989 in Caluma, province
of Bolivar, by persons in civilian clothing (members of a group for the
prevention of cattle theft) and one police officer, and taken to the
Rural Police Detachment of the police in town;
(b) Gonzalo Quintero Mina, arrested in July 1989 in Nueva Loja,
province of Sucumbios, by members of the National Police and taken to the
police barracks in town;
(c) Segundo Chimbay Zhinin, arrested on 30 August 1989 in Cuenca,
province of Azuay, and taken first to criminal investigation headquarters
in Azuay and subsequently to the headquarters in Azogues.
68. Information was also transmitted to the Government about the
following cases of persons allegedly tortured after being arrested on
the dates shown in brackets after their names: Cesario Chaguay llargas
(4 October 1989); Carlos Alberto Juela Molina (21 December 1989);
Saulo Cuesta (24 February 1989); Mariana Ayora (14 October 1989);
Marta P6rez (14 October 1989); U ctor Mejia (19 June 1989);
Segundo Cajilama Chgvez (19 June 1989); Segundo Criollo Chfflvez
(19 June 1989); Nicol s Paguay Cuvi (19 June 1989); Carlos Chicaiza Naranjo
(19 June 1989); Segundo Yanacallo Guani n (19 June 1989); Gerardo Tasc6n
(28 June 1989); Manuel Mesias Maiques (28 February 1989); Juan Francisco
Roca Ospina (7 March 1989); Leonor EstupiMn (15 June 1989); Liliana Ortiz
de EstupiMn (15 June 1989); Dora Lilia Coral (15 June 1989);
Jeanette Estupiii n (15 June 1989); Claudia Ruiz Morales (15 June 1989).
69. The following cases relate to members of the armed forces who were
allegedly subjected to torture:
(a) Marco Antonio Espin L6pez, 26 years of age, member of the
Transmisiones Batall6n of Rumli&ahui, Quito. Accused of smoking marijuana.
On 20 February 1990, after denying the charge, he was reportedly taken to the
Atahualpa Military Fort and tortured, and electric shocks were even applied to
his genital organs and other parts of his body;
E / CN .4 / 1992/17
page 22
(b) H6ctor Roberto Manotoa, 20 years of age, a conscript in the
Eloy Alfaro Military School of Quito. On 17 May 1990 he was questioned along
with other conscripts for the alleged theft of a recorder. The conscripts
were forced into a water tank in which electric wires had been placed and
caused shocks. A lieutenant was also reported to have beaten Manotoa. He
remained in a military hospital for seven days to recover from his injuries;
Cc) Guido Israel Joyos, a soldier 23 years of age, was arrested
on 23 May 1989 and charged with leaking confidential information to subversive
groups, stealing two rifles and deserting from the army. For 36 days he was
allegedly kept inside a metal container exposed to the sun and beaten up.
During his trial he disavowed the confessions that he had made during the
interrogations and claimed that they had been extracted from him under torture.
70. In letters dated 26 March and 6 May 1991 the Government repeated its
desire to cooperate with the Special Rapporteur and provided the following
information on the cases transmitted on 14 February 1991:
(a) Regarding the cases of Silfrido Ilves Camacho, Segundo Chimbay
Zhinin, Gonza lo Quintero Mina and Carlos Alberto Juela Molina, proceedings
were instituted against the policemen charged with ill—treating these persons;
(b) In the cases of H4ctor Mejia, Segundo Cajilema, Segundo Criollo,
Nicol&s Paguay, Carlos Chicaiza, Segunda Guamacayo, Mariana Ayora,
Martha flrez, Gerardo TasIIn, Juan Francisco Roca Ospina, Leonor Estupiii n,
Liliana Ortiz, Dora Lilia Coral, Jeanette Estupiiidn and Claudia Ruiz Morales,
the complaints of ill—treatment are being investigated by the competent legal
authorities;
(c) In the cases of Saulo Cuesta, CesAreo Chaguay Vargas and
Manuel Mesias Naiquez, the Government made reference to the criminal trials
in which these persons appear involved but makes no mention of any inquiry
into ill—treatment;
(d) Guido Israe l Hoyos Toscano was visited in custody, at the request
of relatives, by a Red Cross doctor, who found no evidence whatever of
ill—treatment; the Court of Constitutional Guarantees declared itself
incompetent to try the case and ordered the documents filed away;
Ce) In the case of Antonio Espin L6pez there was no report of
ill—treatment or of unjustified detention;
(f) In the case of Roberto Manota Manota, the Government stated that
legal proceedings have been instituted against the persons involved in the
ill—treatment.
71. In a letter dated 18 October 1991 the Special Rapporteur transmitted to
the Government information on the cases of the following persons who were also
alleged to have been tortured:
E/ CN.4 /1992 / 17
page 23
(a) Jos6 Maria Cabascango, secretary of the Confederation of Indigenous
Nationalities of Ecuador, and other indigenous community leaders were allegedly
arrested by army personnel on 11 June 1991 in Cajas, province of Imbabura and
taken to Ibarra and handed over to the Criminal Investigation Department;
(b) Isaac R6mulo Bustos Bermiidez was allegedly arrested by members of the
Criminal Investigation Department on 28 February 1991 and held incommunicado
for several days on police premises in Babahoyo, province of Los Rios.
E vpt
Urzent apneals and Government replies
72. On 2 January 1991 the Special Rapporteur sent an urgent appeal to the
Government of Egypt concerning Mustafa Mohammad Said Al—Sharqawi and Mohammad
Hussein Mohammad Ibrahim Sallam, reportedly arrested at the end of
September 1990, and Hassan Mohammad Isam'Il Mohainmad, reportedly arrested in
October 1990, allegedly for having converted from Islam to Christianity.
Mustafa Mohammad Said Al—Sharqawi was said to be held at abu Za'Abal prison,
while the other two men were said to be detained at the State Security
Itlligence Police (SsIP) detention centre in Heliopolis. It was alleged
that these persons had been subjected to torture and that two of them had
appeared at a court hearing on 16 December 1990 in bad physical condition,
allegedly suffering from hunger and the effects of continuing torture.
73. On 11 February 1991 the Special Rapporteur sent an urgent appeal to the
Government of Egypt concerning Dr. Muhammad Abdul Latif Tala'at, a medical
doctor and director of a publishing company, who was arrested on
23 January 1991 and whose whereabouts were unknown. The arrest followed
the publishing by Dr. Tala'at's company of a statement by the Egyptian Medical
Association critical of the attacks by the allied forces on Iraq. Dr. Tala'at
had reportedly been arrested in June 1989 and detained for three months,
during which time he was allegedly subjected to torture, including electric
shocks and threats of sexual abuse. Fears were expressed that, in light of
his past experience, he might be subjected to physical and psychological
torture or ill—treatment.
74. On 19 February 1991 the Special Rapporteur sent an urgent appeal to
the Government of Egypt concerning Dr. Mohamed Mandour and Dr. Emad Atrees.
Dr. Mandour, a psychiatrist and member of the Board of Trustees of the
Egyptian Organization for Human Rights (EOHR), was arrested on 8 February 1991.
The date of arrest of Dr. Atrees was not given, but both were reportedly being
held at the State Security Headquarters known as Lazoghli. Their arrest,
under administrative detention orders, as well as that of several other
persons, including university students and Palestinians, was reportedly
connected with their activity as opponents of the Gulf war. In the light of
reports in the past that people detained under similar circumstances were
allegedly subjected to torture, fears were expressed that the safety and
physical integrity of the aforementioned persons might be in danger.
75. On 5 March 1991 the Special Rapporteur sent an urgent appeal to the
Government of Egypt concerning Hamdeen Sabahi, a journalist and political
activist who was arrested on 26 February 1991 by the Egyptian State Security
E / ON. 4/1992 / 1 7
page 24
Intelligence under an administrative detention order. His place of detention
was not reported. The arrest followed a speech opposing the Gulf war, made
on 24 February 1991 by Mr. Sabahi at a student conference at Cairo University.
In the light of recent reports that people detained under similar circumstances
were allegedly subjected to torture, fears were expressed that Mr. Sabahi
might be interrogated under torture.
76. On 23 September 1991 the Special Rapporteur sent an urgent appeal to
the Government of Egypt concerning Mohammad Al—Sayyid Al—Sayyid Higazi,
a 29—year—old Arabic teacher and a graduate of Cairo University who was
arrested on 18 August 1991 in Bulaq Al—Dakrur, Giza, and taken to the State
Security Intelligence, Doqqi Branch (Cairo). He had reportedly been arrested
on several occasions in the past and held in detention for long periods
without charge or trial. In the light of previous reports according to which
people detained under similar circumstances were allegedly subjected to
torture, fears were expressed that his safety and physical integrity might be
endangered.
77. Concerning this latter case, on 19 November 1991 the Government replied
that Mr. Mohammad Al—Sayyid Al—Sayyid Higazi had been questioned and placed
under arrest on 18 August 1991 for security reasons, but had been released on
15 September 1991. On 16 September 1991 the senior officials of the State
Security Department ordered provisional arrest in connection with case
No. 476/91 concerning State security, on charges of “forming a secret unlawful
organization”.
Leiters and Government replies
78. On 27 November 1990 the Special Rapporteur sent a letter to the Government
of Egypt transmitting information on the following cases of alleged torture:
(a) Muhammad Ahnied Abu Khoukh was arrested in April 1990 and taken to
the Damietta Security Directorate Prison. He was allegedly blindfolded and
beaten with his hands bound behind him, and was persistently threatened with
sexual abuse. He remained in detention for three months and then he was
released, without any charge being filed against him;
(b) Khaled esh—Sherif, a journalist working for the weekly magazine
Al Hakika (regarding whom the Special Rapporteur sent an urgent appeal on
14 September 1990), was arrested on 19 August 1990 and taken to the State
Security Centre at Giza. He was then transferred to the State Security
Intelligence Police (SSIP) Centre at Lazoghli, where he was allegedly severely
tortured. He was allegedly again tortured at the same centre following a
short period of detention at the Tora Reception Prison. It was reported that
lawyers who visited him at Tora prison affirmed that he had scars from electric
shocks on his chest, burns from cigarettes on his hands and legs, and that he
was suffering from stiffness in his hands due to suspension. It was further
reported that the Niyaba (State Security Procuracy) had recorded these signs
and ordered his referral to the Forensic Medical Office, but it was not known
whether an examination had been made;
E / CN .4 / 1992 / 17
page 25
(c) Mustafa Said Al—Sharkawi and Muhammad Hasanin Muhammad, arrested on
25 September 1990, together with Hasan Muhammad Ismail and Abmed Mustafa
Haniouda. Messrs. Al—Sharkawi and Muhammad were taken to the State Security
Headquarters in Cairo where they were allegedly tortured, including by
beatings, suspension by their hands tied behind their backs, electric shocks
and threats of rape. Mr. Al—Sharkawi was alleged to have been tortured on
three occasions, on 29 and 30 September and on 2 October 1990.
79. On 27 December 1990 the Government of Egypt replied by submitting several
“notes containing clarifications to the allegations of practices of torture”.
One note contained information and clarifications in response to requests made
by the United Nations Committee Against Torture. A second one contained
information in response to a request made by the Working Group on Enforced or
Involuntary Disappearances. A third note concerned the alleged persecution of
Copts in Egypt. A fourth document was a copy of a letter from the Ministry of
the Interior to the Ministry of Foreign Affairs regarding Khaled esh—Sherif,
one of the persons mentioned in the Special Rapporteur's letter. It was
stated that that person had been arrested on the basis of information
concerning his involvement with members of the extremist “Jihad” organization,
who had been indicted. The Department of Public Prosecutions decided to
release him and this decision was put Into effect on 27 September 1990. No
details were given about his state of health, or about the detailed torture
allegations made regarding him, and the other three persons mentioned in the
Special Rapporteur's letter.
80. On 17 April 1991 the Special Rapporteur sent a letter to the Government
of Egypt transmitting information alleging that the occurrence of torture in
the country had increased during 1990. Most alleged torture victims were
members of fundamentalist Islamic groups in opposition to the Egyptian
Government. Most cases of alleged torture were said to have occurred during
interrogations held in the State Security Information Centre at Lazoghli,
Cairo, and were said to have been perpetrated by officers of the State
Security Information Police. Alleged methods of torture included severe
beating, using whips, rifle butts, clubs and wire; being bound with chains and
hung from walls and ceilings; application of electric shocks to the genitals
and other sensitive areas of the body; sexual abuse; and psychological abuse,
such as threats and intimidations for the purpose of extracting confessions.
81. Reports received indicated that several persons had been arrested and
charged with participating in the assassination of the Speaker of the People's
Assembly, Rifa'at al-.Mahgoub. They included Mamdouh Ali Toussef, Safwat Abd
al—Ghani, Muhammed Ahmad al—Ghani, Azzat Hussein Ali, Abd al Nasser Nouh
Ahmad, Assem Ali al Sayyid ‘Othman, Adel All Musallam, Ahmad Mostafa Zaki,
Muhammad Mostafa Zaki, Abu al—Makarim and Abd al—Rahman. The State Security
Procuracy has reportedly taken note of physical signs of torture on
all 10 men. Mamdouh Ali Youssef had allegedly received a spinal injury
and was brought to his interrogation on a stretcher.
82. The Special Rapporteur also brought to the Government's attention
several cases of persons who were allegedly tortured at police stations.
Some of the cases were said to have been reported in the Egyptian press.
The persons concerned were Hamdy al—Nazeely, Ashraf Abdel Moneim Sharsher,
Abdel Hamid Ratib, Salem Ibrahim, Mirvat Abdel Hamid, Ashraf Nassar,
E / eN. 4 / 1992 / 17
page 26
Ashraf Mahmoud and Sayed Abdel Razzek. The following two persons were said
to have died as a result of torture: Ibrahim Mahrous Abu Donyia and
Maher Mohammed Youssef,
83. In addition to the aforementioned, the Special Rapporteur transmitted to
the Government information he had received concerning Dr. Mohamed Mandour,
regarding whom a telegram had been sent to the Minister for Foreign Affairs on
19 February 1991, appealing to him to ensure that Dr. Mandour's right to
physical and mental integrity was protected. According to that information
Dr. Mandour had been released on 23 February 1991. During his detention at
the Lazoghli State Security Headquarters Dr. Mandour had been severely
tortured, including through the use of suspension, beatings and electric
shocks.
84. On 18 October 1991 the Special Rapporteur sent a letter to the Government
of Egypt transmitting information according to which torture and ill—treatment
were routine methods of discipline, punishment and the extraction of
confessions in the Tora district prisons, in particular Tora Istikbal prison;
visits and letters from prisoners' families were constantly delayed and
hindered, allegedly in order to let torture injuries heal before they were
seen. It was also reported that the Egyptian authorities had been misusing
the emergency law against peaceful political opposition, despite their claims
that the emergency law was used only against terrorist activities and armed
opposition. The case of Afifi Matlar was reported in particular. This
person, a poet and member of the Arab Journalists' Federation and the Egyptian
Writers' Federation, was arrested on 2 March 1991 and taken to the Cairo
headquarters of the State Security Intelligence (SSI) at Lazoghli. While in
police custody, he was allegedly kept blindfolded and handcuffed in order to
make him confess ties with a Baathist political organization, and was allegedly
tortured by the application of electric shocks, hanging by the wrists and
indiscriminate beating with a solid object on the head and various parts of
the body. On 11 March 1991, he was reportedly transferred to Tora Istikbal
prison where lawyers, as members of the Egyptian Organization for Human Rights
(EOHR), were at first prevented from visiting him. When three representatives
of EOHR finally were able to visit him, they reportedly noted signs of torture
on his body, including haematoma on the nose and wrists, and signs of injuries
that were still healing. It was further indicated that EOHR submitted an
official complaint to the Public Prosecutor, calling for Mr. Matlar's release
and the prosecution of those responsible for his torture. It was not reported
whether an inquiry had been carried out into the above—mentioned allegations.
85. Information was also transmitted according to which the State Security
Court trying the case of the assassination of the former Speaker of
Parliament, Dr. Rifa'at al—Mahgoub (see para. 81 above), had charged one of
its members to investigate the torture allegations made by the defendants in
the case before the public prosecution. According to the defendants'
testimony, the torture methods used upon them included the application of
electric shocks to sensitive parts of the body, hanging for long periods of
time, beating with whips and thick wooden sticks, and the detention and
ill—treatment of a number of the defendants wives. In this connection in
particular, information was received by the Special Rapporteur on the torture
and attempted rape of the wife of the detainee Mamdouh All Yusuf by members of
the State Security Police, who tried to force her to divulge information
E/CN.4/1992/ 17
page 27
concerning her husband's involvement in the assassination of Dr. al—Mahgoub.
Apparently she was pregnant and, as a result of the torture, suffered a
miscarriage.
86. On 24 October 1991 the Government informed the Special Rapporteur, with
respect to the case of Mr. Afifi Matlar, that a warrant of arrest had been
issued on 20 March 1991 for his involvement in clandestine opposition
activities for the benefit of a foreign State. Mr. Afifi Matar admitted the
charges and revealed the extent of his activity, as well as the stages of his
recruitment in the service of that foreign State. For personal reasons, he
refused to allow anyone other than three of his friends to visit him in
prison. He expressed awareness of the need for his national and ideological
rehabilitation and it was therefore decided to release him on 9 May 1991.
Neither Mr. Afifi Matlar nor any of his visitors or relatives made any
statements to the judicial authorities concerning his subjection to torture
or ill—treatment during or after his detention in prison.
El Salvador
Letters and Government replies
87. On 17 April 1991 the Special Rapporteur sent a letter to the Government
of El Salvador transmitting information received about cases of 97 persons
said to have been tortured and ill—treated in the period November 1989
to October 1990.
88. According to the information, three types of torture were used in the
cases in question: physical torture, such as blows to various parts of the
body, near—suffocation, near—strangulation, forcible exercises, electric
shocks and burns; physical and mental torture such as nakedness, deprivation
of sleep, refusal to supply food, being forced to eat rotting food, forcible
retention in the case of bodily needs, use of drugs, rape; and mental torture
such as threats, verbal aggression, mock executions, being placed in isolation,
and being forced to hear other people tortured.
89. It was also reported that torture was systematically used in the armed
forces and State security agencies to obtain information by interrogation and
to spread terror among the civilian population. It was reportedly used during
or after arrest and, at other times, outside official premises and not in
connection with detention. Torture was also more easily used because the
guilty were not investigated, tried and punished. .
90. The names of the persons whose cases were transmitted to the Government
together with the date of arrest or preswned torture are: Cecilio Hern ndez
Ramirez (13 November 1989); Oscar Sa(il Amaya Cruz (20 November 1989);
Felix Portillo PIIia (21 November 1989); Francisco Martin Fuentes
(22 November 1989); Fernando Cartagena Dueffias (25 November 1989); Mateo David
Mnchez Elias (29 November 1989); Jos6 Ernesto Guerra Gonzalez
(14 December 1989); Isidro flsquez Alfaro (14 December 1989); Miguel Angel
Pineda Pineda (18 December 1989); C ndida Rosa Rivera Rugamas
(29 December 1989); Ana Sofia Rivera (29 December 1989); Carlos Antonio Rivera
(29 December 1989); Pablo Salvador C rcamo Centeno (29 December 1989);
E/CN.4/1992/ 17
page 28
Pascual Jos6 Guevara Menjivar (6 January 1990); Narciso de Jes&s
Zavala Medrano (14 January 1990); Carmen Antonio Chum (10 February 1990);
Juan Gilberto M ndez V .squez (10 February 1990); Anibal Garcia Argueta
(17 February 1990); Fernando Gait n Segovia (17 February 1990); Manuel Jim nez
(17 February 1990); Elvis Gustavo Lovato Rivera (18 February 1990);
Vitelfo Romero (2 March 1990); Salvador Pineda (2 March 1990); Juan Jos
Rena V&squez (6 March 1990); Miguel Angel Valencia (6 March 1990);
Jorge G&lvez (13 March 1990); Jos Lucio Argueta Flores (27 March 1990);
O lidio Flores HerrIIndez (28 March 1990); Luis Alonso Zelaya Garcia
(28 March 1990); Flor de Maria Hern&ndez Rivas (30 March 1990);
Carlos Arturo fruezo (13 April 1990); Marcos Alberto Huezo Guzm&n
(13 April 1990); Jos4 Santos Tobar Escobar (4 May 1990); Lorena Ang6lica
Guzm n (17 May 1990); Manual Ramos (17 May 1990); Flor Esmeralda Tejada
(17 May 1990); Mayra Marlene Ramos (17 May 1990); Roxana Ranios (17 May 1990);
Mauro Hern ndez Ramos (17 May 1990); Eleuterio Blanco (17 May 1990);
Miguel Angel Beltr n (17 May 1990); Maria Rufina OEsquez (17 May 1990);
Teodora Alicia L6pez ( 17 May 1990); Nelson Edgardo Ldpez (17 May 1990);
Aquilino Flores Hern ndez (18 May 1990); Guillermo Rivas Sorfano
(28 May 1990); Fredy Rivas (28 May 1990); Efrain Ruiz Quintanilla
(6 November 1989); Luis Alonso Argueta (10 November 1989); Esperanza Garcia
Valencia (10 November 1989); Daila Guadalupe Garcia (10 November 1989); Jorge
Alberto Calder6n Fuentes (11 November 1989); Jos Mariano Hern&ndez Nolasco
(13 November 1989); Rosa Portillo (15 November 1989); Jos6 Erasmo Montecino
(22 November 1989); Antonio Heriberto Hern4ndez (30 November 1989);
Jos4 Dimas Echeverria (5 December 1989); Carlos Ernesto Morales Carbonell
(10 December 1989); Dolores L6pez HerzIIndez (12 December 1989); Miguel
Hern&ndez Recinos (17 December 1989); Oscar Armando Garcia Jim6nez
(20 December 1989); H ctor Manuel Zapata Alvarez (19 January 1990);
Victor Manuel de Jestis Guit4rrez N. (1 February 1990); Juan Castro Martinez
(2 February 1990); Luis Antonio Chac6n (2 February 1990); Oscar Antonio
Leiva HernSdez (10 February 1990); Juan Javier C6rdova Mejia
(11 February 1990); Abel Dub6n Chavarria (11 February 1990);
Vicente S nchez Flores (3 March 1990); Jos6 Antonio Coreas (16 April 1990);
Carlos Enrique Figueroa Escobar (17 April 1990); Luis Alonso G6mez L6pez
(20 April 1990); Rosa Alfaro (26 April 1990); Mauricio Gabriel Barrera Ard6n
( I May 1989); Maria Dolores Rivas Quintanilla (14 May 1990); Juan Francisco
Ruano L6pez (9 June 1989); Carlos Aifredo Quintanilla Henriquez (30 June 1990);
Oscar Armando Luna Martinez (30 June 1990); Jos Oscar Medrano Orellana
(5 July 1990); Carlos Arturo L6pez Ocampo (7 July 1990); Saturnino de Jes us
Mejia (9 July 1990); Jos Mauricio Menjivar Menjivar (15 July 1990);
Aifredo Octaviano Andrade (16 July 1990); Ra6l Martinez (18 July 1990);
Ram6n Ventura Bonilla (21 July 1990); Mauricio Gir6n Salgado (21 July 1990);
Maria Guadalupe Castro Hern ndez (26 July 1990); Gumercindo Rosales Umaiia
(26 July 1990); Ever Antonio Vargas Miranda (27 July 1990); Balvino V squez
(27 July 1990); Juan Rainos Flores (19 August 1990); Jos Anenias
Ramirez S nchez (2 August 1990); Herson A lfredo Rivera Garcia
(9 September 1990); Jos6 Rold&n Tobar Melgar (29 September 1990); Leocadio
Martin Sasi Ra6n (5 October 1990); Ana Silvia Rivera Garcia (5 October 1990);
Romti Alvarado Alberto (10 October 1990).
E /CN.4 / 1992 / 17
page 29
91. The Government replied in a letter dated 16 October 1991 stating in the
cases of J 0 5 Rold&n Tobar Melgar, Vicente Sanchez Flores, Luis Alonso
Zelaya Garcia, Aquilino Flores HertIIndez and Flor de Maria HerMndez Rivas
that they had been arrested on suspicion of belonging to terrorist groups.
However, they had then been released and, when interviewed by delegates of the
Commission on Human Rights, said that they had not been subjected to torture.
92. The Government also referred to the cases of Jos6 Oscar Medrano Orellana,
Carlos Arturo Huezo Guzm n, Esperanza Garcia Valencia, Luis Alonso Argueta,
David Mateo S&nchez Elias, Fernando Cartagena Dueffias, Rosa Portillo Hern&ndez,
Jos6 Alberto Calder6n Fuentes, Ram6n Ventura Bonilla, Jos Erasmo
Montesinos Pineda, Jorge G lvez, Jos Mauricio Menjivar, Saturnino de
Jes us Mejia and Juan Gilberto M6ndez. It said that these persons had been
arrested and were later released; however, they had not been interviewed by
delegates of the Commission on Human Rights before being released. The reply
makes no mention of the complaints of ill—treatment.
93. In a letter dated 18 October 1991 the Special Rapporteur transmitted to
the Government of El Salvador information received about eases of torture said
to have taken place in the last months of 1990 and the first half of 1991. In
each case, torture was said to have been used in connection with arrests on
political grounds by the police or by military units. The following cases, in
particular, were transmitted:
(a) Vidal Ernesto Figueroa Henriquez, arrested in San Miguel
on 16 March 1991 by members of the Treasury Police;
(b) Tom s de Jesus Palacios, arrested on 3 April 1991 and transferred to
the National Police in San Vicente;
(c) }kctor Samuel Ramos Argueta, arrested on 14 March 1991 by members of
the Treasury Police and transferred to the central barracks in San Miguel;
(d) Basilio Chicas Majia, arrested on 19 February 1991 and taken to
Military Detachment No. 4, Department of MoraIIn;
(e) Jose Alberto Escobar L6pez, arrested by policemen on
10 December 1991 and taken to the Ilobasco barracks;
(f) Jose Vidal Barrera Pereira, arrested on 14 March 1991 by members of
the Treasury Police in San Miguel;
(g) Jorge Antonio Diaz Garcia, arrested on 26 May 1991 by members of the
National Guard in Colonia Santa Marta, San Sebasti n district, Delgado,
Department of San Salvador;
(h) Manuel de Jes is Molina G6mez, arrested on 15 January 1991 by members
of the National Police in San Salvador;
(i) Te6filo Wilfredo Mejia Castro, from Acajutla, Department of
Sonsonate, arrested by soldiers on 5 July 1991.
E!CN.4/l992/ 17
page 30
9 /s. The Special Rapporteur also transmitted information about the reported
arrest and torture between 10 May and 6 June 1991 of approximately 50 persons
from communities in the areas of Yaoeabal, Sensembra and Guatajiagua, in the
Department of Maraz n; it was maintained that the persons responsible were
members of Military Detachment No. 4 (DM—4) at San Francisco Gotera, and the
Third Infantry Brigade in San Miguel. Special emphasis was placed on the
cases of Ambrosio Amaya, arrested on 5 June 1991; Rumaldo Jurado Argueta,
arrested on 5 June 1991; and Bernab Fuentes HenIIndez, arrested on
6 June 1991.
Equatorial s in a
Urgent appeals and Government replies
95. On 29 November 1990 the Government of Equatorial Guinea sent the
Special Rapporteur a sworn statement in response to his appeal of 6 July 1990
(EICN.411991117, para. 67) in connection with the situation regarding
Juan Eyeme Maye, former national delegate of the National Security Institute
(INESCO). In the statement Mr. Nguema Maye said that, while he was being held
by the police in April 1990 he was never subjected to ill—treatment nor did he
suffer any torture. Indeed, matters were made very easy for him, and he
received visits from relatives and friends at any time of the day. In
addition, he was never at the Bata prison, as stated in the appeal.
96. On 24 October 1991 the Special Rapporteur sent an urgent appeal to the
Government of Equatorial Guinea concerning Mr. Gabino Obiang Eta Abeme, said
to have been arrested on 5 August 1991 in Nfulayong—Esandon, Aflisok district,
province of Wele—Nzas, by soldiers and members of the Moroccan Guard.
According to the information received, when he was arrested Mr. Ela Abeme was
tortured brutally before being taken to a prison in Bata. In view of his
age (62) and his delicate state of health, fears were expressed about his
physical integrity and the fact that he might stilt be subjected to
ill—treatment.
97. In a letter dated 8 November 1991 the Government said that Mr. Obiang EH
had been held for a few days by the police in Bata because he had been found
to be in possession of propaganda classed as unlawful by the competent
authorities. Although this was true, Mr. Obiang EU had been released without
charges being brought against him.
Ethiovia
Urgent pppea1
98. On 1 May 1991 the Special Rapporteur sent an urgent appeal to the
Government of Ethiopia concerning the following persons who were arrested in
Asmara or in ICeren (Eritrea) between September 1990 and February 1991: Belew
Gebre—Medhin, Fituwi Asres, Gebre—Hawariat Keshi Andekial, Kidane Gebray,
Russom Fissehatsion, Tsegay Gebre—Tinsae, Tsehay Mogos, Yasin Saleh Ismail,
Yemane Seyoum Brei, Al—Sin Mohaxned Sheikh Nur, Bakhiet Maibetot, Hassen Osman
Djal, Stefanos Wolde—Ghiorgis, Suleiman Abbas (first Secretary 6f the Official
Workers Party of Ethiopia in Keren) and Yasin Mohained Attay (Chief of Mensa
E/CN.4/ 1992/17
page 31
Ethnic Group). It was alleged that prisoners held in Asmara were usually held
incommunicado at the Mariain Ghimbi security prison and were often subjected to
torture while being interrogated.
Greece
Urgent aopeals and Government replies
99. On 19 February 1991 the Special Rapporteur sent an urgent appeal to the
Government of Greece concerning Halit Yalcin, a Turkish national who had been
arrested on 21 January 1991 by Narcotic Branch agents of the Athens Police,
together with another Turkish national, Suleyman Akyar, who died
on 29 January 1991 in the Flat hospital, allegedly as a result of serious
blows inflicted by police during interrogation. In the light of these
circumstances fears had been expressed that Mr. Yalcin might be interrogated
under torture and that his physical integrity, and even his life, might be in
danger.
100. On 15 March 1991 the Government provided information concerning the two
persons mentioned in the Special Rapporteur's appeal and the charges against
them. Regarding Halit Yalcin, it was stated that no ill—treatment whatsoever,
had ever been reported to the police. On the contrary, during interrogation
under oath, on 5 February 1991, while in police custody, Mr. Yalcin never
complained of or hinted at having been tortured. Consequently fears expressed
that he might be interrogated under torture were groundless. Suleiman Akyar,
had tried to attack a police officer following his arrest on 21 January 1991,
and had been overpowered by other officers who handcuffed him. He then ran
amok and knocked his head on the ground. At midnight, while he was being kept
in custody in an office of the Narcotics Branch, Suleiman Akyar felt ill all
of a sudden and informed his guard accordingly. He later lost consciousness.
He was immediately transported by ambulance to the Red Cross hospital where he
was given first aid. Hence, he was transported to the K.A.T. hospital in
Kifissia (hospital for emergency cases) where he was kept for treatment of the
wounds caused by his clash with the policemen. On 25 January 1991, his
condition improved and he was able to be removed from the artificial breathing
unit. Though his condition was progressing in a satisfactory manner,
on 28 February it seriously deteriorated and Akyar Suleiman died the following
day at 3.00 p.m. His body was transported to the morgue. The post—mortem
examination established that death occurred as a result of pneumonia. While
in police custody, Akyar Suleiman was seen by Halit Yalcin who pointed out
that he had seen Akyar at the police station, that he looked tired and unwell,
but showed no signs of injury. He also stressed that neither had he seen nor
had been informed about Akyar being tortured by policemen, either on or
outside police premises. The Government added that the judicial authorities
had already been involved and a preliminary investigation was being carried
out.
Letters
101. On 18 October 1991 the Special Rapporteur sent a letter to the Government
of Greece transmitting information on the following cases:
E/CN.4/1 9 92/ 17
page 32
(a) Liam de da ly, an Irish citizen, was arrested on 17 July 109Q and
taken to los police station in connection with a forgery case. While In
police custody, he was allegedly beaten with fists and batons, kicked, lilt
about the face, head and body, and threatened with sexual assault. His head
was banged on desks, chairs and filing cabinets in an attempt to make him sign
a confession. According to the sot rce, he was also locked in a shed outside
the police station without food and water, was denied access to a lawyer and
was forced to sign a statement in Greek, which he did not fully understand.
The information further indicated that Liam de Clair was examined at Naxos and
Chios hospitals and was given a medical report certifying bruising.
(b) Police from Z security police station in Athens allegedly broke the
left arm of Emmanoull Kasapakis and beat his head with a club, at his home in
Athens in the early hours of 23 September 1990. It was also reported that a
medical examination took place at the Athens District General Hospital and the
subsequent report certified injuries to the head requiring stitching, resulting
in concussion and amnesia, as well as injuries to the left hand. According to
the information received, Enimanouil Kasapakis lodged a complaint against the
police of Z security police station, and stied the officers concerned, citing
grievous bodily harm, dangerous bodily harm, threats and damage to property.
(c) Kostas Andreadis was allegedly subjected to falanga (beating on the
soles of the feet) and electric shocks after being taken into detention
on 23 March 1990 on suspicion of being a member of the “Vigilant Anarchists”
organization. According to the source, a medical report from the Thessaloniki
Forensic Medical Department dated 28 March certified bruising to the balls of
both feet.
L t erasn&.QQytrnmenLxe pkka
102. On 17 April 1991 the Special Rapporteur sent a letter to the Government
of Guatemala transmitting information on the following cases:
(a) Julio Rodriguez and Edgar Villatoro, peasants from El Tumbo and
Buena Vista, municipality of Sagaxch , El Pet6n, arrested on 15 July 1990 and
allegedly subjected to torture at the Hacienda La Anchura. As a result, their
health has been affected;
(b) Rosa Maria L6pez Monz6n, reportedly arrested on 31 October 1990 and
tortured at the Igational Police Station in Colonia Bethania, Zone 7, GuatemaLa,
by three unidentified policemen who made her stiffer from cigarette burns on
various parts of her body and threatened to kill her if she reported them;
(c) Otto Ivan Rodriguez Vanegas, employed by the Electrification
Institute, arrested on 5 April 1991 in Chiquimola and taken to the National
Police Centre in Chiquimola, where he was reportedly beaten up and suffered
from cigarette burns, apart from a serious injury in the left eye;
(d) The bodies of two young persons, Elias and Lucas Flori , n Vilintoro,
aged 13 and 17 were found on 1 March 1991 in San Andr s Villaseca, Retalhuleti,
bearing signs of torture and strangulation.
E/CN.4/1992f 17
page 33
103. In a letter dated 18 October 1991 the Special Rapporteur transmitted to
the Government of Guatemala information according to which the bodies of
persons who had been arrested and had disappeared for some time often turned
up on the roadside or at the bottom of a precipice, and invariably showed
signs of torture or mutilation. The limited testimony available from people
who have been released after being held at clandestine detention centres
indicate that both the police and the army regularly use torture in the course
of interrogations, such as beatings, rape, cigarette burns, electric shocks,
suffocation, acid burns, inhalation of poison gases, etc. Information was
transmitted in particular on the following cases:
(a) Sebastian Ve1 squez Mejia, arrested on 6 October 1990 in
Guatemala City by individuals suspected of ties with government forces.
His body was found two days later on the Avenida del Ferrocarril. The autopsy
report speaks, inter alia , of fourth degree bruises in the thorax and abdomen,
pulmonary oedema and congested viscera;
(b) Julio Choalcu Ben, aged 23, arrested on 16 December 1990 by two
soldiers named Andr s Chalcu and Vicente Morales and taken to Solol
Military Base No. 14 for some days and tortured. On 27 December 1990 he was
left on the roadside close to Escuintla. He was taken to hospital and
remained in a coma for several months;
(c) Diana Ortiz, a United States member of a religious order, was
arrested on 2 November 1989 in Antigua by individuals driving a police
vehicle. She was, among other things, repeatedly tortured with cigarette
burns and she was raped;
(d) Faustino Palma, Gonzalo G6mez Castro and Celedonio P6rez, arrested
on 27 March 1991 and tortured at the military detachment in Los Sates
Department of Izabal. The case was reported to the Human Rights Attorney, who
checked that the facts were true and submitted a complaint against an army
commanding officer to the Puerto Barrios Military Prosecutor;
(e) Francisco Castillo Garcia, Ezequiel Trujillo HeriIIndez and
Carlos Geovanni Rosales Chkvez, recently arrested by police in Guatemala City
and taken to Third Army General Barracks where they were held for two hours
and beaten up. They were then taken to the Criminal Investigation Department
where the torture continued, more particularly with near—suffocation from a
hood, beatings and acid burns on their hands.
104. In the same letter the Special Rapporteur also transmitted to the
Government information on the ill—treatment to which the so—called “street
children” were frequently subjected by members of the security forces,
particularly the police. For example, on 31 July 1991 the body of a child
aged six or seven who had been savagely tortured was found in a garbage dump
in Zone 3 in Guatemala City; his eyes had been gouged out and he had been
beaten on the head to such an extent that it was impossible to identify him.
The Special Rapporteur also transmitted the case of Edwin Esteban Rodriguez
Garcia, a street child aged 15 who was arrested by the police after stealing
some sunglasses. Under Guatemalan law, Edwin Rodriguez should have been taken
to the juvenile court, but was instead taken to an unknown place in the
H / CN * 4/1992 / 17
page 34
Mixco district and tortured. He was apparently beaten on various parts of the
body, particularly the head, burned on the chest, back and testicles with
lighted cigarettes, and then thrown into a roadside ditch.
105. In a letter dated 5 December 1991 the Government sent replies concerning
the cases of Sebastidn VeU.squez Mejia and Diana Ortiz. As to the former,
the Government said that two ex—Civil Defence patrolmen in ChuniS Canton,
Department of El Quich , had been arrested and were being tried for assault
and murder. As to the second case, inquiries were being conducted by the
Sacatep quez Criminal Court of First Instance and were at the confidential
stage.
Haiti
Urzent appeals
106. On 20 November 1991 the Special Rapporteur sent an urgent appeal to the
Government of Haiti concerning the following persons: Andr6 Augustin;
Wilson Bien-.Aim ; B6atrice C6sar; Edwin C sar; Ronand Armstron Chariot;
Daniel Delisle; Louis Donald; Berthelemy Fran ois; Gaspard Fritzner;
B6atrice Portuna; Frantz Fortuna; Marjorie Card; Gerald Gilles;
Ginette GIIgoire; Patrick Isidore; Roland Jean; Chenet Jean—Baptiste;
E6us Jean—Fran.ois; Opem Jean—Julien; Wesley Jean—Julien; Elf me Jean Jumel;
Marie—Claude Jospech; Ronald L on; Edieu Louissaint; Evans Motellus;
Stanley Montour; L6on Ronald; B6atrice Rosilbe; Bellande Sinc re;
Hans Termilus; Rodrigue Thermilus; Frantz Thermilus; Jean—Baptiste Yves.
According to the information received, on 12 November 1991 soldiers burst into
a press conference held by the National Federation of Haitian students (FENEH)
at the Faculty of Science in Port—au—Prince and arrested these persons. They
were put onto trucks and taken to the national jail and to the Anti—Gang Squad
where, according to the information received, they were tortured; on the day
of the arrest, persons living close by heard screams from the building.
107. On 10 December 1991 the Special Rapporteur sent an urgent appeal to the
Government of Haiti concerning Mr. Jean—Mario Paul, a Radio Antilles
correspondent in the Petit G8ave region, reportedly arrested on 9 November 1991
in Port—au—Prince. He was allegedly transferred to Petit G6ave after his
arrest and badly beaten up. In the circumstances, fears were expressed about
Mr. Paul 1 s state of health and the fact that he might still be subjected to
ill—treatment. The charges against him are said to be setting fire to a
courthouse and a police post in the course of demonstrations on
30 September 1991. Mr. Paul maintained that he was present only in his
capacity as a journalist.
Letters
108. On 6 August 1991 the Special Rapporteur sent the Government of Haiti a
letter transmitting information to the effect that cases of torture and
ill—treatment, as well as deaths in detention as a result of torture, continued
to occur in Haiti. The source maintained that one of the methods of torture
was the “djak”, which consists in tying the victim's hands together, slipping
a baton under the thighs and over the arms and using sharp blows to the body.
Arrests, often for minor offences, sometimes lead to torture that causes very
E/ CN.4 /1992 / 17
page 35
serious physical and mental injury, and even death. The following persons are
said to have been subjected to torture and ill—treatment in the period
March—April 1991:
(a) Philistin Auguste, a farmer aged 54, arrested on 4 March 1991 by a
military unit in Obl6on, the reason for the arrest allegedly being that he was
the father of Lucien Auguste, wanted on charges of robbery. Philistin Auguste
was taken to the Kenscoff military base, where he was reportedly tortured by
the “djak”. Be was released on the same day but the medical report mentioned
bruises in the small of the back and on the buttocks, a swollen left ankle,
and a fractured fibula;
(b) Lucien Auguste, aged 24, unemployed and the son of Philistin Auguste,
and Joseph Nixon, aged 23, unemployed. Both were arrested on 4 March 1991.
Lucien Auguste was reportedly tortured by the “djak”. Both suffered injuries
to the soles of the feet and to the ribs, as a result of the torture. They
were brought before the Port—au—Prince Civil Court, then taken to the city's
National Prison. Lucien Auguste was released in the course of June 1991, but
Joseph Nixon is still being held at the Port—au—Prince National Prison, and
receives no medical care.
Honduras
Urgent appeals
109. On 24 June 1991 the Special Rapporteur sent an urgent appeal to the
Government of Honduras concerning Mr. Santos Danilos Ramos and
Mr. Santos Dagoberto Franco, arrested on 11 June 1991 by members of the
National Directorate of Police (DNI) who reportedly accused them of being
involved in a massacre on 3 May 1991 in Agua Caliente, Department of
Atl ntida. While they were held in the prison at Tela, Department of
Atl ntida, they are said to have been tortured to force them to agree to the
charges against them.
Letters
110. On 14 February 1991 the Special Rapporteur sent a letter to the Government
of Honduras transmitting the following cases of torture reported to have
occurred in 1990:
(a) Angel Arturo Escobar Lobo, arrested on 4 February 1990 in the
municipality of Dulce Nombre de Culmi, by members of the DNI in Catacamas;
(b) Rogelio Acosta, arrested on 25 March 1990 in El Progreso, Yoro, by
soldiers stationed locally;
(c) Medardo M&rquez Argueta, a corporal on active duty in the
Territorial Army, arrested on 3 March 1990 on charges of collaborating with
the Salvadorian guerrillas. He was held incommunicado in the basement cells
of the headquarters of the Territorial Army in Los Llanos de San Antonio,
Marcala, La Paz;
E/CN.4/1992/17
page 36
(d) Francisco Reyes Bonilla, arrested by the police and presumed to have
been tortured at the DNI;
(e) Francisco Lagos Holman, arrested by the police and presumed to have
been tortured for five days.
111. On 17 April 1991 the Special Rapporteur sent a letter to the Government
of Honduras transmitting information about the cases of Angel Maria
Bonilla Donaires, Victor Manuel Ramirez and Le6nidas Ramirez, who were
reportedly arrested in February 1991 and tortured by members of the Public
Security Force (FUSE?).
112. On 18 October 1991 the Special Rapporteur sent a letter to the Government
of Honduras transmitting information to the effect that there were numerous
cases of torture of persons arrested unlawfully and interrogated at military
posts. The methods most often used included keeping the prisoners handcuffed
and blindfold over long periods, depriving them of food and water, beating
them on the soles of the feet and other parts of the body, stringing them up
by their wrists and heels, suffocating them, using electric shocks, and
psychological pressure such as threats to arrest and torture members of the
family. In some instances threats were used to prevent the victims from
reporting the torture. It was also said that torture was used not only on
persons charged with offences for political reasons but also on peasants
involved in land disputes or persons accused of common crimes. In addition,
steps are often taken to prevent any marks of torture being left on the
victim's body or to make sure the torturers are not identified later on.
The following cases, in particular, were transmitted to the Government:
(a) Marcos Reinero Castro, Eduardo Salguero, Gilberto Calder6n,
Oscar G6mez, Jos Santos Flores, Servando Galeas Banegas and Osm&n Flores,
arrested between 18 and 24 January 1991 by members of the Public Security
Force in Sulaco, Yoro;
(b) Manuel Corrales Alvarez, Carlos Martin, Eugenio Cruz Chavarria,
Jos6 Eduardo frernindez, Ef rain Bonilla and Dario Martinez Figueroa, peasants
arrested on 14 December 1990 in Pisijire, Olancho, by a group of FUSEP
officers;
(c) Liliana Esperanza L6pez, arrested on 31 January 1991 and taken to
the DNI;
(d) Ram6n Bartolo Espinol Amador, arrested on 16 October 1990 and taken
to the DNI in Tegucigalpa;
(e) Manuel Castillo Reyes, arrested on 10 April 1990 in El Higuito,
municipality of Cololaca, Lempira, by members of the Special Forces Battalion
and taken to the unit in Cucuyagua, Cop .n;
(f) Osmar Eugenio Urquia, arrested on 12 November 1990 by DNI and FUSEP
officers and taken to the DNI in Esperanza, Department of Intibuca;
(g) Maria Antonia Ramos de Linares, arrested by the DNI on 24 May 1990
in Santa Rosa de Co$n.
E/CN.4/1992/17
page 37
113. OEe Special Rapporteur also transmitted the following cases of a number
of persons said have died as a result of torture in custody:
(a) Sergeant Oscar Armando Ponce Morales, a member of Infantry Battalion
No. XV at Silin, Col6n, who died on 13 November 1990 after being tortured at
the battalion barracks;
(b) Eduardo Rarn6n Salgado, arrested on 2 March 1990 by the FUSEP in
Santa Mrbara, Yoro;
(c) Victoriano Castillo Euceda, arrested on 2 September 1990 on the
stretch between Choluteca and Tegucigalpa by DNI officers from Choluteca;
01) Riccy Mabel Martinez, whose dead body was found at the bottom of a
precipice on 13 July 1990, with marks of beatings and rape, by two members of
the armed forces suspected of committing these acts.
India
Letters
114. On 17 April 1991 the Special Rapporteur sent a letter to the Government
of India transmitting information concerning the case of Mr. Rant Swaroop,
aged 40, from Narela Delhi, who was arrested on 28 January 1991 in connection
with an alleged theft in a Delhi electricity company in which he was employed.
He was taken to the R.K. Purum police station, where he was reportedly
interrogated by Sub—Inspectors Jog Raj and Jartar Singh. On 31 January 1991
Mr. Swaroop was taken to the Safdarjung hospital, where he died shortly
afterwards. The police reportedly claimed that the cause of death was a
sudden attack of tuberculosis, a disease for which he had been treated four
years earlier. But his relatives, who saw the body some time later, alleged
that it showed clear signs of severe torture. It was not reported whether an
autopsy had been conducted and whether an investigation into the death
circumstances had been initiated, or what were the findings of such autopsy or
investigation. According to the source two unnamed policemen had been
suspended following the incident.
Indonesia
Letters and Government replies
115. On 29 April 1991 the Special Rapporteur sent a letter to the Government
of Indonesia transmitting information according to which cases of torture
occurred during 1990 in Indonesia, and particularly in East Timor, Irian Jaya
and Aceh provinces, where rebel or separatist movements were said to be
active. Alleged victims reportedly included student activists and members of
groups in opposition to the Government, as well as common criminals. It was
alleged that torture occasionally resulted in death and that it was perpetrated
by local police authorities, as well as members of the national military. With
regard to East Timor, it was alleged that anti—government activists were often
subjected to torture or ill—treatment while they were held incommunicado in
unofficial safe—houses or in detention centres of the security forces. The
forms of torture or ill—treatment mentioned included beatings, burning with
EICN.4/l992/17
page 38
lighted cigarettes, electric shocks, slashing with razor blades and immersion
for long periods in water. The following cases of alleged torture were
reported in East Timor:
(a) Abilio Mesquita, a student aged 23, arrested on 29 October 1990
in Dill;
(b) Constancio Concei Pinto, aged 26, a teacher at San Jos High School
in Dili, arrested on 25 January 1991;
(c) Justina Moniz, aged 25, captured near Same in November 1989;
(d) Mi Meta, aged 48, captured on 2 August 1985 near Bibileo;
(e) Donaciano IC Costa Comes, Francisco Maria Sousa, Clementino Faria,
Cuilherme Pereira, Antonio Pereira Lopes, Louren9o Pereira and
Jos Manuel S. Fernandes, all of them students from Diii, removed by military
personnel from the Bishop's residence on 4 November 1989; they were allegedly
detained and tortured, including by electric shocks, and later released
on 6 February 1990;
(f) Agostinho Pereira Martins, a student aged 21, detained
on 17 January 1990 in Diii;
(g) Paulo Rossi, aged 23, a student, and Paulo Monteiro flabo, a teacher
at the Ermera primary school, arrested on 17 January 1990;
(h) Sergio Fontura Cuterres, detained in Diii on 16 October 1990;
(! ) Domingos Pereira, aged 23, a student, detained on 17 October 1990
in Atsaba;
(j) Jose Francisco Magali, aged 14, a pupil at the “Paulo VI” school
in Diii, detained on 8 November 1990;
(k) Belchior Pereira, a student at the “Paulo VI” school in Diii,
detained on 8 November 1990;
(1) J 0 5 Antonio Galucho, aged 31, a civil servant, arrested
on 13 November 1990 in Dili;
(m) Cipriano Amaral, aged 35, a teacher in Atsabe, arrested
on 7 December 1990 in Hatas;
(n) Adao Da Purificaqao, aged 45, civil servant in Maliana, and his
brother Carlito Da Purificavao, aged 30, arrested on 10 December 1990 in
Leolima;
(o) Acacio de Araujo, aged 39, civil servant, arrested
on 13 December 1990 in Ritabou;
(p) Olandino Cuterres, aged 30, policeman, arrested on 17 December 1990
in Ritabou.
E/CN.Lt/1992/l7
page 39
116. The Special Rapporteur also drew the Government's attention to the cases
of Mr. Rendrik, a student at the University of Pakuan, in Bogor (West Java),
Mr. Edi Murtono, a student at the University of Pancasila (Jakarta) and
Mrs. Sandra Iskandar, a student at the Sekolah Teknik Tinggi Nasional
(Jakarta). All three were reportedly arrested on 7 October 1990 by Indonesian
Air Force soldiers during a farmers' demonstration in Majabengka in West Java
and were allegedly subsequently tortured. It was claimed that Mr. Hendrik was
admitted to the local hospital in Majabengka as a result of injuries sustained
during his detention.
117. By letter dated 27 September 1991 the Government transmitted information
with respect to some of the above—mentioned cases. It indicated, in particular,
that Laurenco Pereira, Jos Manuel da Silva, Agostinho Pereira Martins,
Cipriano Aniaral, Sergio Fontura Guterres and Olandino Guterres had neither
been detained nor subjected to torture. As for Abilio Mesquita, Constancio
Concei Pinto, Francisco Maria, Clementino Maria, Guilherma Pereira, Antonio
Pereira Lopez, Domingus Pereira, Jos Francisco Magali, Adao da Purificacao
and Acacio de Araujo, the Government indicated that they had indeed been
arrested and questioned for their involvement in various unlawful activities,
but all of them had subsequently been released. Finally, with regard to
Bai Beta, Donaciano Costa G6mez and Jos4 Antonio Galucho the Government
informed the Special Rapporteur that Bai Beta had returned to his home village
on 31 March 1990, Donaciano Costa had been repatriated to Portugal and
J 05 Antonio Galucho had been arrested on 13 November 1990 for criminal
activities and money laundering and sentenced to two and a half years in
prison.
Islamic Republic of Iran
Urgent az)Deals and Government replies
118. On 20 December 1990 the Government of the Islamic Republic of Iran
sent a letter to the Special Rapporteur in reply to his urgent appeal
dated 20 July 1990 (E/CN.4/199l/17, para. 87) concerning the situation of
several ministers or associates of former Prime Minister Mehdi Bazargan. The
Government informed the Special Rapporteur that several of the persons
mentioned in the appeal had been released on 10 December 1990. Those released
were Reza Sadr, Ezatollah Sahabi, Farhad Behbahani, Abbas Ghaem Al Sabahi,
Mahmoud Naimpoor, Nour Ali Tabandeh and Hossein Shah Hosseini. It was further
affirmed that under article 38 of the Constitution of the Islamic Republic of
Iran any kind of torture or ill—treatment was strictly prohibited by law.
119. On 23 January 1991 the Special Rapporteur sent an urgent appeal to the
Government of the Islamic Republic of Iran transmitting further information he
had received on the cases of Abdolali Bazargan and Mohanimad Tavassoli Hojati,
mentioned, among other persons, in his telegram dated 20 July 1990
(E/CN.4/l991/17, para. 87). According to that information, Abdolali Bazargan
had been moved from Evin prison to a detention centre in Tehran for further
interrogation, allegedly in order to force him into giving a televised
confession. It was also reported that since his arrest in June 1990 he had
received only one visit from his family, and that he had been beaten during
the early stages of his detention. Regarding Mohammad Tavassoli Hojati, it
was reported that he had been under continuing pressure to give a similar
E/CN.4/1992/ 17
page 40
confession and that he had not received any visits since his arrest. The
Special Rapporteur referred to the information contained in the letter
dated 20 December 1990, addressed to him by the Government (see previous
paragraph), according to which seven of the persons mentioned in his telegram
had already been released, and the right to physical and mental integrity of
the remaining prisoners was being protected. Nevertheless, his attention had
also been drawn to the fact that the Special Representative of the Commission
on Human Rights, Mr. R. Galindo Pohl had indicated in his interim report
(A/45/697) that he had not been authorized to interview the two aforementioned
prisoners during his visit to Evin prison on 13 October 1990. In the light of
this additional information, as well as the renewed concern expressed regarding
the condition of the two prisoners, the Special Rapporteur reiterated his
appeal to the Government to ensure that those persons' right to physical and
mental integrity was protected and that they received humane treatment while
in detention.
120. On 11 September 1991 the Special Rapporteur sent an urgent appeal to the
Government of the Islamic Republic of Iran transmitting further information he
had received on the cases of Ali Ardalan, aged 85, Abdolali Bazargan and
Habido l lah Davaran (also mentioned in his telegram dated 20 July 1990).
According to it, the state of health of those three prisoners had seriously
deteriorated during the previous few months and fears were expressed that
their physical integrity, and even their life, might be in danger unless they
were promptly given adequate medical treatment.
121. By letter dated 1 November 1991 the Government informed the Special
Representative of the Commission on the situation of human tights in the
Islamic Republic of Iran that Mr. Ali Ardalan had been taken to hospital and
had undergone the necessary medical examinations. At the present time he was
convalescing at his own domicile.
Letters
122. On 6 August 1991 the Special Rapporteur sent a letter to the Government
of Iran transmitting information he had received on the arrest and alleged
torture of Mr. Massoud Afravi. The details of this case are specified in
paragraph 24 above.
123. By letter dated 18 October 1991 the Special Rapporteur transmitted to the
Government of Iran information he had received concerning Mr. Elyas Kohan, who
was reportedly arrested on 25 February 1991 and taken to the Evin prison,
where he was blindfolded and locked in a cell. On several occasions, he was
taken to a torture chamber where he was beaten with hard plastic sticks on the
head, face, and other parts of the body, including the toes and finger nails.
As a consequence of this treatment, his upper jaw was broken. He was released
on 23 May 1991 after being warned not to report to any authority or tell
anybody about the torture.
124. By the same letter the Special Rapporteur also transmitted information
concerning the health of Mr. Nezameddin Movahed, aged 74, who had been
sentenced to three years' imprisonment. According to the sources, he had eye
and cardiac problems, and had apparently lost the use of one leg.
E/CN.4/l992/ 17
page 41
Iraq
Urgent aoneals and Government replies
125. On 28 March 1991 the Special Rapporteur sent an urgent appeal to the
Government of Iraq concerning the following persons who had reportedly been
detained on 20 March 1991: Grand Ayatollah Abul Qassem A1—Kho'i;
Sayyid Mohammad Reza Mousavi Al—Khalkhali, aged 63; Sayyid Ja'far
Babrul Ulcom, aged 56; Sayyid Izzaddin Bahrul Uloom, aged about 55;
Sayyid Muhammad Taghi Al—Kho'i, aged 32; Sayyid Muhyaddin A1—Ghuraif;
Sayyid Muhammad Ridha A1—Kharsan; Sayyid Muhammad A1—Sabzwari; Sayyid Muhammad
Ridha A1—Sa'idi; Sayyid Muhammad Saleh; and Abd Al—Rasul A1—Kharsan. He
further informed the Government that 10 of the Grand Ayatollah's relatives:
his daughter, son, daughter—in—law and seven of his grandchildren, aged
between 3 and 11 years, had also been detained the same day. The above—named
persons were reportedly taken into custody by Iraqi Government forces when the
latter were carrying out an armed raid on the Grand Ayatollah's residence in
Najaf. Grand Ayatollah Abul Qassem A1—Kho'i was flown by helicopter to
Baghdad where he appeared on television. It was further reported that the
Grand Ayatollah, who was suffering from a heart condition, was being detained
in Najaf, whereas the other persons mentioned above were said to be imprisoned
in an unknown place in Baghdad.
126. On 19 April 1991 the Government replied, rejecting the allegations as
“totally unfounded” and adding the following:
“The people and authorities of Iraq hold eminent ministers of
religion in great respect and would never subject them to any form of
detention or harm. The fact that Ayatollah Al—Kho'i appeared on
television and received journalists at his residence in Najaf constitutes
irrefutable proof of the erroneous nature of the information contained in
the Special Rapporteur's note”.
Israel
Urzent aD veals and Government revlies
127. On 6 June 1991 the Government of Israel addressed a letter to the
Special Rapporteur providing information on the following three cases of
alleged torture transmitted to it in 1990:
(a) ‘Abd Al—Raiuf Ohabin (see E/CN.4/1991/17, para. 90): it was stated
that following an investigation carried out by the authorities, the claim that
he had been deprived of sleep for three weeks was found to be untrue. The
Government added that during Ghabin's appearance before a judge for the
extension of his detention, he did not raise any claim regarding maltreatment
and that during the investigation he had retracted most of his allegations.
However, he maintained that during his interrogation, the interrogator had
squeezed his genitals, an allegation which was strongly denied by the
interrogator. Ghabin agreed to undergo a polygraph examination on this claim,
and the results were unequivocal: this allegation too was found to be
baseless. The conclusion of the investigation was that there had been no
deviation from the accepted procedures for interrogations.
E/CN.4/1992/ 17
page L 3 2
(b) Ahmed Kabaha (see E/CN.4/l991/l7, para. 91): it was stated that
when, on 11 November 1990, Kabaha appeared before a judge for a court order
extending his detention, he showed the judge cigarette burns on his chest
which he said had been inflicted on him by his interrogators. Although the
judge expressed doubts about the validity of Kabaha's claim, he nevertheless
ordered a medical examination and required that the findings of the
examination be recorded. Two days later, on 13 November 1990, Kabaha gave
to the police a written statement to the effect that on the night
of 9 November 1990, while in his prison cell, he had asked the guard for a
cigarette, which he himself lit and proceeded to apply to his chest until
burns were visible. Kabaha also expressed regret for his false accusations.
(c) Rand Muslah (see E/CN.411991/17, para. 91): it was stated that the
examining authority (which also heard Muslah's testimony) had found the
allegations of ill—treatment to be baseless. Indeed, since Muslah was a
minor, the interrogators were especially careful to follow the rules and
regulations regarding such interrogations. Regarding Muslah's claim that an
interrogator had placed a gun to his head and threatened to shoot him, this
too was found to be untrue. The regulations specifically prohibit the
existence of any kind of weapon in the interrogation area. According to the
records of the Gaza prison, Muslah was examined by a medical officer upon his
arrival at the prison. At the outset of his detention, he told the medical
officer that he had previously been hospitalized for chest pains. He was
subsequently examined by a doctor on a number of occasions and received
appropriate treatment. Muslah admitted that for the previous two years he
had suffered from asth ma and had been under continual treatment, including
hospitalization. In addition, he stated that he was satisfied with the
medical treatment given to him while in Gaza prison. During the period of his
interrogation, Mus lah was also visited several times by a delegate of the
International Committee of the Red Cross.
Letters and Government replies
128. On 6 June 1991 the Government of Israel addressed a letter to the
Special Rapporteur providing the following information on several cases of
alleged torture transmitted to it by letters dated 6 June 1990 and
15 October 1990:
(a) Regarding the case of Murad Muhammad Isa Jadallah (see
EICN.4/1991/l7, para. 93 (b)), it was stated that the charges of maltreatment
brought by Jadallah and his family had been thoroughly investigated by the
Police Public Complaints Department and reviewed by the State Attorney's
Office. According to the findings of the investigation, Jadallah was examined
by the doctor of the Russian Compound jail on 29 October 1989. He was also
examined on 2 November 1989 by a doctor retained by his family. Both doctors
found two bruises on Jada llah's body, one on his forehead and another on his
left thigh. The findings of the medical reports did not support the severity
of the complaint and contradict Jadallah's allegation that he was beaten with
clubs all over his body, which certainly would have caused additional visible
injuries. Although the State Attorney's Office would like to initiate
criminal proceedings against the person or persons responsible for Jadallah's
two bruises, the circumstances surrounding this case had thus far made it
impossible to do so. Some of Jadallah's claims were found to lack credibility.
E/CN.4/1992/17
page 43
For example, in addition to the medical findings mentioned above, his claim
that he was interrogated by seven interrogators simultaneously was highly
unlikely. Moreover, owing to the number of policemen who were involved in
different stages of this case, it was impossible to attribute the two bruises
on Jadallah's body to any specific individual. Without such attribution it
was, unfortunately, impossible to initiate criminal proceedings. The
authorities were particularly sensitive to complaints by minors, especially
where there was medical evidence supporting some aspects of the complaint.
Therefore, although no criminal file had been opened against any of the
policemen who arrested or interrogated Jadallah, his complaint file was still
pending additional review.
(b) Regarding the case of Walid Abu—Surur and the “Runners for Peace”
group (see E/CN.4/199l/17, para. 94), it was stated that on 17 April 1990
stones had been thrown at Israeli soldiers from the Aida refugee camp. The
soldiers entered the camp, arrested one of the stone—throwers, Mustafa Akal,
and later went to Walid Abu—Surur's house to question him about his
participation in the incident and the identity of the stone—throwers. In
order to avoid the outbreak of disturbances in the camp the soldiers asked
Abu—Surur to accompany them. He refused and, at one point, grabbed the coat
of one of the soldiers. The latter, in order to release himself, struck
Abu -Surur with his rifle butt. According to the reply, this was the only
instance in which the soldiers struck Walid Abu—Surur, although he continued
to resist their efforts to take him to the jeep. The soldiers in question had
never previously encountered Mustafa Akal or Walid Abu—Surur and had not even
heard of the group, “Runners for Peace”. Their action was in response to the
stone—throwing incident described above.
(c) Regarding the case of Riad Shehabi (see EICN.4/1991117, para. 95) it
was stated that his complaint had been thoroughly investigated by the Public
Complaints Unit of the Israel Police and subsequently by the State Attorney's
Office. As a result of this investigation, on 21 March 1991 criminal charges
were filed against First Sergeant Rand Chefetz under section 380 of the Penal
Law (1977) for assault causing bodily harm. The Government added that the
case would be tried in the Jerusalem Magistrate's Court.
129. On 17 April 1991 the Special Rapporteur sent a letter to the Government
of Israel transmitting information alleging cases of torture of Palestinians
in connection with the uprising in the occupied territories. The perpetrators
were said to be members of the Israel Defence Forces (Il L) and agents of the
General Security Services (055). The following detailed cases of alleged
torture were reported:
(a) Sal ‘Auda Qabna, aged 17, from Jericho, was arrested on S May 1990
and allegedly beaten on the head by the arresting officers. She was said to
have suffered repeated headaches from the beating.
(b) Farah Yunis, aged 19, from the Rafah refugee camp, was arrested at
his home on 24 August 1990. At the military headquarters, Faraj was
reportedly subjected to torture by soldiers who beat him, squeezed his
genitals and choked him. He allegedly experienced a nervous breakdown and
hallucinations and attempted suicide at least once.
E / CN .4 / 1992/17
page 44
(c) Rana Abu I cishek, aged 16, from Tulkarem, was arrested on
22 September 1990 for attempting to stab a soldier. She was reportedly
severely beaten all over her body and, according to a United Nations doctor,
suffered post—traumatic depression.
(d) Sal Abu—Lehye, aged 25, from Bany—Suheila, was allegedly tortured
at her home by three soldiers and two GSS officers on 21 December 1990. She
was severely beaten on her chest, made to strip naked, threatened with rape
and sexually assaulted.
(e) Mazneh Abu—Hakma, aged 22, a student from El Bireh, was arrested
on 28 October 1990. During the first two weeks of her detention, she was
allegedly forced to sit on a chair with her hands tied behind her back and her
head covered with a sack. She was allegedly prevented from sleeping and
sometimes also from eating and moving.
(f) Zafer Farid Attawil and Ala Salah Warrad, both aged 14, from
Jerusalem, were arrested on an unspecified date and had their detention period
extended, on 18 November 1990. During their detention, both were allegedly
beaten by soldiers and Warrad was reportedly admitted to an Israeli hospital
because of the beatings.
130. By letter dated 28 May 1991 the Government provided the Special
Rapporteur with a general report on prison conditions in Israel.
Italy
Letters and Government reolies
131. On 25 January 1991, the Italian Government sent the following information
in reply to a letter from the Special Rapporteur dated 2 October 1989
(see E/CN.4/l990/l7, para. 75) concerning a number of cases of ill—treatment
said to have been inflicted on prisoners in Italy in 1988.
132. As to the cases which reportedly occurred in Milan in May 1988, the Milan
Public Prosecutor started an inquiry into the injuries suffered by persons
arrested by the judicial police during or immediately after arrest. The
inquiry conducted in the case of each prisoner claiming that he was beaten or
suffered injury revealed, in most instances, that injuries found in the course
of medical examinations were connected with acts of violence or resistance put
up by the prisoners themselves when they were arrested. In some cases the
medical certificates attached to the prison report pointed to the absence of
objective elements to support the statements by persons presumed to have
suffered from such violence. The preparatory phase was taken further in the
case of acts of violence for which the victim had complained or of cases that
were objectively more serious. Further to the preliminary inquiry, committal
for trial was requested for a number of policemen and carabinieri for
aggravated violence and assault. In one case, a policeman was given a
suspended sentence of nine months' imprisonment. The other cases are still
pending.
E / CN. 4 / 1992 / 17
page 45
133. In the case of Kader Fall, an inquiry revealed that on the evening
of 16 April 1988 he had actually been hit by a policeman at the Civitanova
Marche police station. Criminal proceedings were brought against the
policeman, but he was acquitted on 20 December 1988 by the Macerata examining
magistrate because the facts did not seem to constitute an offence: the
accused person did not strike Mr. Fall to compel him to do anything but simply
as a reaction to the way he behaved with provocation.
134. In the case of Domenico Ca non, he escaped during pre—trial detention
with weapons belonging to the San Bonifacio carabinieri. When he was caught
by the guards, he started a hand—to—hand struggle and resisted sharply when he
was taken back to the gendarmerie. He was then imprisoned in Verona. He
complained to the Verona Public Prosecutor for alleged ill—treatment during
this episode and the Public Prosecutor later requested an order for dismissal
of the proceedings, dated 17 January 1989.
135. On 18 October 1991 the Special Rapporteur sent a letter to the Italian
Government in connection with an incident which reportedly occurred during a
search in the Fuorni prison in Salerno on 15 December 1990. According to the
information received, the search was conducted by about 150 prison warders
belonging to the regional warders' office in Naples. The warders, who were
masked and carried truncheons, went into the cells and forced the prisoners to
undress and to do press—ups. The prisoners were then punched and kicked and
compelled to pass, one by one, between two lines of warders who clubbed them.
The source maintains that some prisoners also suffered sexual assault and
young prisoners were forced to slap older prisoners in the face and spit on
them. According to the source, the suspicion that prisoners were in
possession of weapons to be used for a mutiny was the reason behind the
search, but the same source contends that no firearm was discovered and the
prisoners committed no act of violence during the search. After the incident,
the prison infirmary issued more than 100 medical certificates for injuries
which, according to the medical staff, would need three to five days to heal.
Four or five prisoners were reportedly transferred to hospital. According to
one of the prisoners, who sent a letter about the matter to a private radio
station, the prisoners wounded in the search included one who lost an eye,
another whose eardrum was ripped and a third whose hands were broken. A visit
by members of the Radical Party to the prison, approximately a month after the
incident, enabled some prisoners to complain about violent pains in the back
and ribs and the absence of X—rays when they had asked for them to be taken.
According to the source, administrative and judicial inquiries have been
initiated to shed light on the circumstances of the incident.
Jordan
IJrzent aooeals
136. On 12 June 1991 the Special Rapporteur sent an urgent appeal to the
Government of Jordan concerning Muhammad Jaber Hasan Mut'ab, aged 24, who was
arrested on 30 April 1991 on suspicion of being connected with an illegal
Palestinian group. It was reported that one week after his arrest, he was
taken to the General Intelligence Department (O lD) headquarters in Amman,
where he was being held incommunicado and without charge, under emergency
legislative provisions which permit the holding of detainees indefinitely
E / ON. 4 / 1992/17
page 46
without charge or trial. Muhammad Mut'ab had reportedly not been visited by a
lawyer since his arrest. It was alleged that, while in GID custody, he was
beaten and suffered injuries to his neck.
Kenya
Urgent appeals and Government replies
137. On 4 February 1991 the Government of Kenya provided the Special Rapporteur
with further information on the case of Mr. Koigi Wa Wamwere and several
co—accused persons, regarding whom the Special Rapporteur sent urgent appeals
on 16 and 23 October 1990 and received a first reply from the Government
dated 28 October 1990 (E/CN.4/1991/17, paras. 100—102). According to
subsequent information provided by the Government, the Attorney—General was
investigating allegations by Koigi Wa Wamwere and his six go—accused facing a
treason charge that they had been harassed and exposed to inhuman and degrading
conditions by prison authorities. Defence lawyers and the Deputy Public
Prosecutor, Mr. Etgang, confirmed in a Nairobi court that they had agreed to
settle the matter administratively.
138. On 12 March 1991 the Special Rapporteur sent an urgent appeal to the
Government of Kenya transmitting information concerning Gitobu Imanyara,
aged 37, a lawyer and editor of the Nairobi Law Monthly Journal , who was
arrested by police on 1 March 1991, and taken away to an unknown destination.
On 5 March 1991 he was charged with sedition and inciting tribal hatred.
According to the source, Mr. Imanyara was believed to be held at the Nairobi
province headquarters of the Department for State Security Intelligence
(DSSI), known as Ngayo House. In the light of allegations that political
prisoners had been tortured there in recent years, fears were expressed that
Mr. Imanyara might be at risk of being tortured.
139. On 18 March 1991 the Government informed the Special Rapporteur that
Mr. Gitobu Imanyara had indeed been arrested and charged with sedition and
inciting tribal hatred. It added that Mr. Imanyara's attorneys had not
complained of torture and that he had made several appearances in court when
applying for bail and there were no signs of torture. It was affirmed that
his right to physical and mental integrity was being maintained. His wife and
close family and the attorneys were visiting him quite often; the allegations
of torture or fear that it could happen were therefore unfounded.
Kuwait
Urgent aDneals
140. On 1 August 1991 the Special Rapporteur sent an urgent appeal to the
Government of Kuwait concerning Doctor Nazmi Salim Khurshid, aged 46, a
Palestinian holding Lebanese travel documents. Dr. Khurshid was arrested
on 10 March 1991 at his place of work at Al—Ardiyyah hospital, together with
several other Palestinian doctors. He was first held at A1—Ardiyyah police
station for three days and then, on or about 13 March, transferred to the
State Security Prison. Dr. Khurshid's condition was reported to be extremely
serious, allegedly as a result of severe beatings by Kuwaiti security forces
following his arrest: he was said to be in a coma, nearing death, and to
E/CN.4/l992/17
page 47
be suffering from paralysis of the left leg. According to the source,
Dr. Khurshid was being held without charge or trial in an unknown place of
detention; his family had not seen him since his arrest and it was not known
whether he had received any medical attention.
Letters and Government replies
141. On 17 April 1991 the Special Rapporteur sent a letter to the Government
of Kuwait transmitting information according to which some Arab nationals
living in Kuwait, and in particular people of Palestinian descent, had, since
the end of the Gulf war, been the subject of persecution, arrest and torture,
in reprisal for their alleged support of the Iraqi forces during the
occupation of the country. It was alleged that both members of the regular
Kuwaiti armed forces and armed kuwaiti civilians were responsible for such
practices. It was further alleged that people of Palestinian descent were
tortured and killed in Wing 18 of an unspecified hospital. According to a
foreign press agency, on 13 March 1991 Sa lah Abdel Rahim, aged 19, claimed
that he had been tortured by Kuwaiti armed elements at Al—Areidiyeh school;
and on the same date Mahmud Hussein, aged 21, affirmed that he had been
subjected to beatings with electrified batons by Kuwait! armed elements at
Al—Jahra school. Similar incidents were also reported by various other press
agencies and newspapers.
142. On 29 May 1991 the Government replied, rejecting the allegations as
deriving from “questionable sources” and adding that the few individual cases
in which persons who supported and collaborated with the Iraqi forces were
ill—treated in Kuwait occurred during the early days following the country's
liberation, and some of those incidents might have been committed by the
“human detonators” which the Iraqi intelligence services planted in Kuwait
before their withdrawal in order to foment sedition in the country. At all
events, if such incidents occurred, they were a natural reaction against
persons who collaborated with the invading Iraqi forces. The fact that some
foreign communities were still residing in Kuwait and had not left the
country, even though the Kuwaiti Government had not prevented anyone from
leaving as long as no charges had been brought against him, indicated that the
security situation in Kuwait was reassuring and that its foreign residents
were enjoying excellent living conditions.
143. On 18 October 1991 the Special Rapporteur sent a letter to the Government
of Kuwait transmitting information on the following cases:
(a) Mahmoud Diyab Abdalla, aged 35 and his cousin Omar Abdalla, were
reportedly arrested on 17 March 1991 on the accusation of illegal residence in
Kuwait. They were taken to a detention place in an area west of Kuwait City,
where they were severely beaten. Omar Abdalla, in particular, was hit over
the head with a wooden stick studded with nails. Their injuries required
medical treatment at the a l—Farwaniyya hospital.
(b) Bessam Mahmoud Selaiman, aged 19, was reportedly arrested
on 15 March 1991 while waiting in line at a gas station in al—Edai liyya. He
was taken by five military men to a tent nearby and beaten for hours on his
head, back and legs with a wooden stick covered with hard plastic; he was also
E / CN. 4 / 1992 / 17
page 48
made to swallow hot sauce and was burned with cigarettes on the back and on
the left hand. Later he was reportedly taken to an army facility in the
Kadhema Club, where he was again beaten and subjected to a mock execution.
(c) Na'el Mustafa Hassan Shershir, aged 18, was detained at Khaitan
police station from 2 to 17 March 1991. During the first five days of his
detention, he was reportedly severely beaten with three—inch—thick wooden
sticks on the back, chest, legs and head. Despite his multiple injuries, he
did not receive any medical treatment at the police station.
(d) Jemal Na'im Abdel Rahim, aged 28, was arrested at his house in
Hawalli on 17 March 1991 by a group of soldiers, and released a few days
later. While in custody he was reportedly beaten with sticks and plastic
pipes and was electrocuted with live wires.
(e) Beshir Ibrahim al—Khatib was reportedly detained from 10 to
16 March 1991 at the al—Jaberiyya police station, where he was beaten with
metal pipes and burned with lit cigarettes, candle wax and heated metal bars.
(f) Yasser Ashour Yasseen was reportedly detained from 10 to
14 March 1991 at the al—Nugra police station, where he was beaten regularly
with metal and plastic pipes and rifle butts.
(g) Jyad Selim Sa'id, aged 18, was reportedly detained in mid—March 1991
at al—Jaberiyya police station, where he was beaten with sticks and rifle
butts on the back, face and left ear; as a result of which he lost his hearing
in that ear.
(h) Olayyan Saleh Issa, aged 42, was reportedly detained from 8 to
14 March 1991 in the Sabah al—Salem police station, where he was regularly
beaten with sticks and plastic—covered pipes and threatened with execution.
144. On 19 November 1991 the Kuwaiti Government replied that the cases
transmitted on 18 October 1991 dated back to the weeks following the
liberation of Kuwait and that, since they were isolated cases, it was
difficult to confirm the facts or obtain reliable information. OEey had taken
place during a difficult period in which the Kuwaiti Government had been
making every effort to restore order and guarantee the inhabitants' security
after the departure of the occupation forces. They did not, in any event,
presuppose a pattern of human rights violations in Kuwait.
Libyan Arab Jamahiriva
Letters .
145. On 14 February 1991 the Special Rapporteur sent a letter to the
Government of the Libyan Arab Jamahiriya transmitting information concerning
Ibrahim Abdel Aziz Elweza, an Egyptian national, who was arrested in Libya and
detained from 17 April to 19 June 1989. During that period, he was allegedly
severely beaten and sustained serious injuries including broken bones.
Subsequent medical reports indicated fractures of the cubit and of the skull.
Contusions all over his body were also reported. Mr. Abdel Aziz was later
allowed to leave Libya.
E/CN .4 / 1992 / 17
page 49
Malawi
Urgent aDpeals
146. On 12 November 1991 the Special Rapporteur sent an urgent appeal to
the Government of Malawi concerning the arrest in May 1991 of Kumwenda,
Christopher Mwenelupembe and John Nyenga. Kumwenda, a prison warder, was
arrested after being discovered smuggling letters from Orton Chirwa, leader of
the exiled Malawi Freedom Movement (MAFREMO), out of Zamba Central Prison.
Christopher Mwenelupembe and John Nyenga were apparently supporters of
Orton Chirwa and were alleged to have received the letters and smuggled them
to neighbouring Tanzania. According to the information received, all three
could at that time have been detained in an underground cell at Kanengo prison
in Lilongue and fears were expressed that they might have been subjected to
torture. The information received also indicated that after the letters were
discovered, Orton Chirwa was kept in his cell for two days with both legs and
arms in irons, and was forced to squat on the floor with arm— and leg—irons
chained to a metal rod behind his knees; as a result of this punishment he was
reported to be in extremely poor physical condition.
Ma lavs ia
UrEent appeals
147. On 12 November 1991 the Special Rapporteur sent an urgent appeal
to the Government of Malaysia concerning Aaron Cohen Shelton, a citizen
of New Zealand, aged 24, who was reported to have been sentenced
on 1 September 1991 to life imprisonment and ordered to be whipped six
times under Malaysia's Dangerous Drugs Act. It was further reported that
on 29 October 1991, the Supreme Court in Kuala Lumpur upheld a High Court
decision not to exempt Mr. Shelton from being whipped six times. Fears
were expressed that the whipping was imminent.
Mauritania
Urgent avpea ls
148. On 21 December 1990, the Special Rapporteur addressed an urgent appeal
to the Government of Mauritania transmitting information concerning
Sy Abdoulaye Maliker, Ly Moussa, Diallo Alassane, Kane Hamedine,
Kane Amadou Racine, Dia Aliou, Sarr Ibrahima, Ba Moctar, Thierno Yacoub Ba,
Dieng Dioulde, Oumar Djol and Gaye Saidou. Those individuals are allegedly
among a few hundred persons belonging to the Hal—Pulaar ethnic group who have
been arrested since mid—November 1990, without charges, at the Sixth Military
Region headquarters or the J'reida Barracks. According to information
received, a large number of these prisoners were tortured and 15 of them
allegedly died under torture, including Mr. Gaye Saidou, a navy officer.
It has also been alleged that Mr. Thierno Yacoub Ba, former Governor of
Rosso—Mauritania, was severely beaten by gendarmes when he was arrested
on 5 December 1990, received no medical care and was taken away to an unknown
destination.
E/CN.4/1992/l7
page 50
149. On 9 April 1991, the Special Rapporteur sent an urgent appeal to
the Government of Mauritania transmitting information concerning the
following individuals: Lt. Almami Chouaibou Diagana, Adjutant Moussa Gueye,
Adasna N'Diaye, Lt. Cheikhna Tandia and Lt. Siguino Traore. These individuals,
together with other members of the Hal—Pulaar ethnic community, both civilian
and military, are allegedly being held without trial in military barracks at
Nouakchott and Nouadhibou, under very harsh conditions and without access to
medical care. Conditions of detention at the J'reida Barracks, near
Nouakchott, are said to be particularly harsh. Adjutant Moussa Gueye
is said to be suffering from broken ribs following torture and to be in
serious condition. Other prisoners in these barracks, including
Lt. Chouaibou Diagana, were allegedly severely tortured. According to the
source, 30 detainees died under torture in the J'Reida Barracks from
November 1990 to January 1991. In view of these considerations, fears have
been expressed that the physical and psychological integrity of the
above—mentioned persons and of other persons being held in military barracks
in the regions of Nouakchott and Nouadhibou might be in danger.
Letters
150. On 6 August 1991 the Special Rapporteur sent a letter to the
Government of Mauritania transmitting information according to which
approximately 200 political prisoners arrested at the end of 1990 died as a
result of torture, ill—treatment and deplorable conditions of detention. OEe
prisoners are said to have been tortured in military prisons and police
stations. Many of them were subjected to the “Jaguar” method, which consists
in hanging the victim upside down and beating the soles of his feet. Others
were allegedly burned all over the body or subjected to electric shocks on the
genitals. According to former detainees, some prisoners have been left with
scars on their bodies or faces. In the northern part of the country, torture
is said to have caused the death of 60 soldiers in the Aleg and Akjoujt
prisons. The prisoners were allegedly buried alive.
Mexico
Letters and Government replies
151. On 18 December 1990, in reply to the Special Rapporteur's letter
of 6 June 1990 (E/CN.4/1991/17, paras. 110 and 111) on complaints of
torture and, ill—treatment of Z6cimo Centeno flernSdez, Wilebaldo Centeno,
Gonzalo Ibarra and Quintil Quintero, the Government of Mexico sent him the
recommendation made by the Mexican National Human Rights Commission in the
criminal cases involving these persons. In the case of Z6cimo Centeno
Hern ndez, the Commission noted that he had not been given the opportunity to
be defended by a lawyer and that the fact that he confessed to committing the
offences of which he was accused might be due to the physical and psychological
torture to which he had been subjected. However, the Special Rapporteur has
received no information to the effect that the competent authorities followed
up the Commission's recommendation by an exhaustive investigation into the
events for the purpose of determining the guilty parties. In the other three
cases mentioned, the Commission makes no recommendation in particular
concerning the torture and ill—treatment to which these persons were allegedly
subjected.
E /eN .4/1992/17
page 51
152. On 30 January 1991 the Government replied to the Special Rapporteur's
letter of 15 October 1990 (E/CN.4 11991 1l7, para. 113) and said that torture
and ill—treatment of detainees were not regular practices in Mexico; on the
contrary, any complaint of violation of the laws in force on the subject was
a ground for investigation and criminal proceedings by the competent
authorities. Concerning the case of Armando Prado Mena in particular, the
Government reported that three officers of the Judicial Police of the State of
Chihuahua had been formally charged with the off ences of homicide and abuse of
authority. In the case of Ubaldo Santill n Aguilar, the Government said that
two Judicial Police officers were being tried for aggravated homicide and
abuse of authority. Finally, in the cases of Edgardo Canseco Ruiz,
Octavio Rend6n P&ez, Irma Ver6nica Guerra Guerrero and Manuel Huerta L6pez,
the Government reported that an investigation was being conducted; in the
latter two cases, members of the Federal Judicial Police had been temporarily
suspended.
153. On 17 April 1991 the Special Rapporteur sent a letter to the Government
of Mexico transmitting information received to the effect that torture was
practised throughout the country and in nearly all branches of the police (in
particular the Federal Judicial Police and its Narcotics Division) and the
armed forces. The methods allegedly used ranged from beatings, death threats
and other forms of psychological intimidation to more sophisticated techniques
designed not to leave any marks. Torture was allegedly used to intimidate or
punish members of the political opposition and also as a method of extracting
confessions and obtaining money from the prisoners or their families.
Particular mention was made of the following cases:
(a) Rub4n Oropeza Hurtado, aged 39, an inmate of the La Mesa State
Prison in Tijuana, Baja California del Norte. He was detained without a
warrant in June 1990 by officers of the Federal Judicial Police at Tijuana and
subjected to torture which, according to the doctors, left him with a ruptured
diaphragm for which he had to undergo an emergency operation on 114 July 1990;
(b) In December 1990 Federal Judicial Police officers arrested Juan J 05
Gonzklez Ordo iez in Ciudad Ju rez, State of Chihuahua, and tortured him in
order to make him sign a statement admitting that he had killed three persons
in order to steal their belongings;
(c) On 26 December 1990, 19—year—old Juvencio Dante Morales died after
being detained by officers of the municipal police and charged with smuggling
by the Treasury Police. An initial, unofficial autopsy conducted at the
family's request showed that the body bore numerous signs of blows, five of
which were considered to be fatal. The official medical report prepared by
the services of the State Attorney—General's Office, however, made no
reference to this fact. A second autopsy confirmed that Mr. Morales had been
tortured, and four Customs Police officers were arrested. Three of them were
subsequently released, and one was charged with torture and incitement to
suicide. No information has been received as to whether the trial is over or
the outcome;
(d) Information was also received on ill—treatment of many
inhabitants of the town of Aguililla, Michoac n, by the Federal Judicial
Police. In particular, it was reported that as a result of the detention of
E /eN . 14/1992 / 17
page 52
approximately 100 villagers, including women and children, on 5 May 1990, the
president of the town council, Salom6n Mendoza Barajas, was in turn detained
when he went to the police station to protest. He was then subjected to
various tortures and charged with homicide and possession of weapons and
drugs. Carlos Valencia Morf in and Magda leno Vera were also detained as part
of the same incident and subsequently subjected to various tortures such as
beatings, near—suffocation with a plastic bag, near—drowning, and squirting
mineral water containing red pepper up the nose;
(e) Angel Chkv-ez S nchez and his son Alberto Chkvez Barroso were
arrested on 13 November 1989 in the city of Chetuanal and subjected to various
tortures for 20 days in order to get them to admit participation in a
kidnapping. A forensic expert subsequently found scars and signs of injury;
(f) Marcial Rojas I4zaro, a Peruvian national, was arrested
on 15 November 1989 by State Judicial Police officers in Tijuana, Baja
California, and subjected to torture that included beatings, electric shocks
and squirting mineral water containing red pepper up the nose;
(g) Julio C6sar rMrquez Va lenzue la was arrested on 4 September 1989 at
Villahermosa, Tabasco, together with Jes6s Manuel Martinez Ruiz, who died
shortly thereafter. Mr. M rquez Valenzuela was subsequently released,
arrested again on 13 October and taken to Tabasco, where he was allegedly
tortured and accused of theft and homicide. The second arrest is thought to
be a result of Mr. M rquez' complaint that he was tortured during his first
detention and that torture caused Mr. Martinez Ruiz's death. The case was
brought before the Inter—American Commission on Human Rights, which was
informed by the Government of the recommendations of the National Human Rights
Commission. According to the National Human Rights Commission, several
members of the Judicial Police were accused of abuse of authority and homicide
by the Government Prosecutor's Office and two of them were arrested, but no
charges were retained against them by the court of first instance. The
Commission recommended that all the police officers involved should be
suspended and that a new trial should be opened, but they continue to hold
their jobs.
154. On 6 August 1991 the Government provided the Special Rapporteur with the
following detailed information on the above—mentioned cases, including the
action taken by the Mexican National Human Rights Commission:
(a) RubS Oropeza Hurtado was arrested on 29 March 1990 for health
offences. A report by Red Cross doctors subsequently revealed that he had
been subjected to torture, which resulted in his death in October 1990. In
that connection the Mexican National Human Rights Commission issued a
recommendation, the most significant parts being: to suspend Federal Judicial
Police officers Rafael Becerrill Zendejas and Alfonso Treviflo PIIia; to
initiate the procedure for dismissal of those police officers; to send copies
attesting the suspension and dismissal to the National Commission; to start
the preliminary investigation and indictment of these persons; to complete
the criminal proceedings and send a copy of the judicial decision to the
National Conunission. The Attorney—General of the Republic accepted this
recommendation, dated 1 September 1990, and offered to investigate the alleged
cases of torture undergone by Mr. Oropeza. In the meantime, instructions were
E/CN.4/1992/l7
page 53
issued for the temporary suspension of police officers Rafael Becerrill and
Alfonso Treviiio Pejia, and the case was assigned to the Internal Control Office
of the Office of the Attorney—General of the Republic.
(b) Juan Jos6 Gonz lez Ord6iiez, Angel CMvez S&nchez and
Alberto CMvez Barroso. These cases are being investigated by the National
Human Rights Commission.
(c) Juvencio Dante Morales. It has been established that he was
tortured. The young man's body was exhumed on 4 January 1991; however, the
National Commission has no further details to date on the proceedings
conducted against one of the Immigration Officers who was arrested for
alleged responsibility for ill—treatment and incitement to suicide.
(d) Salom6n Mendoza Barajas, Magdaleno Vera Garcia and
Carlos Valencia Morf in. These persons were released and their cases
dismissed since it could be established that their rights had been violated.
(e) Marcial Rojas I4zaro. The National Commission conducted an
investigation into this complaint and recommended: that an investigation
should be conducted into the circumstances under which Mr. Rojas L zaro was
arrested and questioned by Judicial Police officers Enrique Cort6z Bonilla,
Jos Erasmo Iglesias Seraf in, Mario Coronado Estrada, Jos6 Armando Orozco,
Enrique Qui?iones Ortega and Jos Carlos Cecefla tMzquez; that if the
responsibility of the police officers was established they should be suspended
and criminal proceedings should be initiated; and that if they were found
guilty, all police bodies in the country should be so advised in order to
prevent their joining any of them; on 13 May 1991 the Governor of the State
agreed to the recommendation.
(f) Julio Cesar tMrquez Valenzuela. The National Commission learned
that the Judicial Police officers involved in this case were removed from
their posts and indicted. Mr. M rquez Valenzuela is currently being held for
common crimes and his human rights have not been violated in this latest
period of custody. However, the National Commission will continue to follow
up the trial;
(g) Alejandro Delgado Garcia. The National Commission recommended that
preliminary inquiries should be made into the persons responsible for the
death of Mr. Delgado Garcia and that the National Commission should be
informed of the progress of the investigations and action taken by the
competent authorities.
155. In a letter dated 18 October 1991, the Special Rapporteur transmitted to
the Government of Mexico information according to which victims of torture are
primarily from the poorest sectors of the population and include both persons
arrested for political reasons or as part of land—ownership disputes,
human rights activists, persons suspected of drug—trafficking and common
criminals. It is also alleged that women and children have been tortured.
Reports also indicated that it is a regular practice among members of the
police in charge of investigating a particular offence to arrest individuals
suspected of being involved in political or criminal activities or even to
pick up persons on the street and force them to confess crimes under torture
E/CN.4/ 199 2/ 17
page 54
in order to use the confessions in the courts. Torture appears occasionally
to be practised in unofficial places such as hotels, car parks and deserted
rural areas.
156. Reports also indicated that the most common types of torture are beatings
of all kinds and especially on the most sensitive parts of the body, such as
the ears; near—suffocation with plastic bags or holding the head down in dirty
water; electric shocks; cigarette burns; hanging people up and psychological
torture. It was reported that, in the great majority of cases, judicial
remedies are ineffective, and that victims or relatives who try to use them
are often persecuted and threatened. The Special Rapporteur transmitted the
following cases in particular:
(a) Pablo Torres Hen ndez, Enrique Itahua, Juan Conz&lez HerIIndez and
Hermenegildo Torres Cruz were arrested on 5 August 1991 and taken to the
Northern Penitentiary in Mexico City, where they were tortured. In addition,
the last person mentioned had received a gunshot wound while being arrested
and had to be admitted to Balbuena Hospital;
(b) Aboud Sattar, aged 33, was arrested on 14 June 1991 at
San Luis Potosi by the Federal Judicial Police. Before he was taken to
the central prison in San Luis Potosi, he was severely tortured; in particular
a bar was. inserted in his rectum, causing considerable injury;
(c) Anastasio Salinas, aged 40, was arrested on 31 July 1991 at his
home in the city of Reynosa, State of Tamaulipas, by a group of men who kicked
him and beat him on the abdomen with a blunt object. He was taken to the
Federal Judicial Police Station, where he remained incommunicado for two days
and was forced, under threat of death, to sign a statement that he had been in
possession of drugs.
Morocco
Urgent appeals
157. On 17 January 1991, the Special Rapporteur addressed an urgent appeal to
the Moroccan Government transmitting information concerning Mohamed Raiss,
held in Tazmamart Prison since 1973. According to the information received
Mr. Raiss' health is deteriorating rapidly, and unless an emergency operation
is performed, he runs the risk of being left completely paralysed. The same
source expressed deep concern over the conditions in Tazmamart Prison. OEirty
prisoners of the 60 or so transferred to Tazmamart Prison after the events of
August 1973 are alleged to have died as a result of ill—treatment or
malnutrition.
Letters and Government replies
158. On 17 June 1991 the Moroccan Government replied to the Special
Rapporteur's letter of 27 November 1990 (E/CN.4/199 1/17, para. 115) concerning
several cases of prisoners alleged to have died in 1989 after being tortured.
The following information was transmitted:
E/CN.4/ 1992/ 17
page 55
(a) Abdeljalil Yakouti was arrested for being obviously inebriated
in public and used his shirt to hang himself at police headquarters in
Onerzazate, as established by the forensic surgeon. A preliminary
investigation has been initiated by the examining magistrate in Onerzazate;
(b) Abderrahim Ben Kha lif a. This person is Benkhalif a Abderrahim
Ben Hdia, a 32—year—old Moroccan, born in Donar Jbara, Skhour Rhamna.
On 25 August 1989, Laaroussi M'Bark (Mokadem) and Astif Hammad (Cheikh) had
an argument over a debt with Benkhalif a Abderrahim Ben Hdia, and they beat him
up. He was taken to Marrakesh Hospital, where he died from his injuries. The
autopsy revealed that death had been due to a cerebral haemorrhage caused by
the blows he had received. The two representatives of the public authorities
who were prosecuted were sentenced to prison terms of 15 and 5 years
respectively by the court at Marrakesh;
(c) Larbi Charrat was arrested by the Royal Gendarmerie in Dar Bel Amri
for disturbing the peace. According to the autopsy conducted by the forensic
surgeon, the Chief Physician at the rural hospital at Sidi Slimane, cause
of death was asphyxiation by banging. A second autopsy conducted by
Dr. Boukili Hassan of the Rabat Health Department also reached the conclusion
that death had been due to hanging. A preliminary investigation was begun
before the examining magistrate at Kenitra.
159. The Government also sent the Special Rapporteur a note on the current
situation in Moroccan prisons, describing the efforts made by the prison
administration to improve conditions in custody. OEus it was stated that:
“As part of their functions under the law, the Ministries of Justice
and the Interior periodically circulate to their departments instructions
aimed at ensuring respect for, and enforcement of, the law. Abuse of
authority and acts which deliberately infringe the law (unlawful violence
or ill—treatment of persons during interrogations) render the
perpetrators liable to disciplinary sanctions and also criminal
proceedings before the competent courts, in implementation of article 231
of the Penal Code, which lays down punishment for voluntary acts of
violence, in particular by members of the forces of law and order. The
penalties issued for abuse of authority or professional misconduct
against representatives of the public authorities and officers and
members of both the National SGret and the Royal Gendarmerie show that
the authorities are far from acquiescent towards situations in which the
rights of individuals are violated. The judicial authorities do not
hesitate to act severely against persons responsible for practices that
infringe the law.”
160. On 23 August 1991 the Government informed the Special Rapporteur, in
reply to his letter of 28 April 1988 (see E/CN.4/1989/l5, para. 64) that
prisoners Mechrouhi. Dahbi and Hamdani Najib had been released.
161. On 6 August 1991 the Special Rapporteur addressed to the Moroccan
Government a letter transmitting information according to which cases of
torture and ill—treatment still occur. Various methods of torture are
allegedly practised, in particular the falaga method, consisting of beatings
El CN .4 / 1992/17
page 56
on the soles of the feet, the “aeroplane” method, consisting of hanging the
victim from a steel bar with hands and feet tied behind his back, and the
“parrot” method, also consisting of hanging the victim from a steel bar with
his hands and feet tied, but head downwards. Particular mention was made of
the ease of Abdellatif Morjane. Confined to Chbila prison on 18 April 1991,
he was allegedly beaten by the prison warders following demands made by a
group of detainees known as the “Islamic Group of 71”, to which Mr. Morjane is
said to belong. According to the source, one prison warder whose name was
transmitted to the Government is allegedly responsible, together with other
warders, for the torture to which Mr. Morjane was subjected. Mr. Morjane
reportedly suffered a cranial traumatism, swellings on his right arm and
haematomas over the entire right side of his body. He was then placed in
solitary confinement and deprived of all medical care for nine hours.
Mr. Morjane is said to have been removed from solitary confinement as a
result of pressure by his relatives and the other prisoners and through the
intervention of the Prosecutor—General.
Mvanmar
Urgent appeals and Government replies
162. On 21 December 1990 the Government of Myanmar sent a letter to the
Special Itapporteur in response to two urgent appeals dated 25 september 1990
and 10 October 1990 (EICN.4 11991 117, paras. 121 and 122) concerning 13 leading
members of the opposition parties National League for Democracy and Democratic
Party for a New Society. The Government provided details about the provisions
under which these persons were detained and the charges brought against them.
Some of these persons had been tried and sentenced. Others were still awaiting
trial. No reference was made to the torture allegations and no information
was given about their present condition or state of health.
163. On 13 March 1991 the Government of Myanmar provided the Special
Rapporteur with details about the charges against U Maung Mating, regarding
whom the Special Rapporteur had sent an urgent appeal on 19 October 1990
(see E/CN.4/1991/l7, para. 123). It was affirmed that he had not been
subjected to torture or ill—treatment while under detention.
Letters and Government replies
164. On 28 January 1991 the Government of Myanmar sent a letter to the Special
Rapporteur in reply to his letter dated 10 August 1990 (see EICN.4/1991ll7,
para. 125) concerning alleged practices of torture in the country and
transmitting the cases of Zaw Mm, Myo Myint and U Soe Myint. The Government
provided the Special Rapporteur with details about the charges against, trials
and sentences of these three persons, and affirmed that while serving their
prison terms they were neither subjected to any form of torture nor
ill—treatment. Attention was also drawn to several laws safeguarding the
fundamental rights of Myanmar citizens, in particular, section 43 (f) of the
Police Act, which provides that whoever commits torture on any detainee is
liable to both imprisonment and fine, and section 24 of the Evidence Act,
which provides that any confession made by an accused person is inadmissible
in a criminal proceeding if the court deems it was made under inducement,
threat or promise relating to the charges against the accused. The Government
E/CN.4 / 1992/17
page 57
described as “totally unfounded” reports alleging that political activists
opposing the Govenunent were subjected to torture and ill—treatment in
detention. All prisoners enjoyed rights such as regular visits by their
families and medical treatment.
Niger
Letters
165. On 17 April 1991 the Special Rapporteur sent the Government of Niger
a letter transmitting information according to which several individuals,
including Abdoulhatif Mohamed, chief of personnel at the Tidekelt Corporation,
Mohamed Abauoudou, a teacher at Agaba High School in Tahoua and
Taher Abdoulmoumine, a student at Tahoua High School, were allegedly arrested
on 8 May 1990 and tortured at the Tahoua barracks. These persons were
among 380 members of the Touareg ethnic group held in the Tahoua barracks,
where cases of torture have been reported in the past. Subsequently, the
above—mentioned persons, together with other detainees, were allegedly
transferred to the Mobile Brigade at Niamey.
Nigeria
Urgent appeals and Government replies
166. On 28 June 1991 the Special Rapporteur sent an urgent appeal to the
Government of Nigeria concerning several dozen students and a number of
lawyers and journalists who were detained on or around 7 June 1991.
The following names and details were given: Mallam Mabmud Abdul Sin,
president of the Students' Union at the Benin University; Edokpo lor Ighodalo,
Rafael Rafindadi and Christian Otnasoke, students at the Benin University;
Aiyegbus Rufus and Oyedele Oyekola (form University) Koyode Ogundamisi
(Jos University); Bamidele Aturu and Kola Odetola (Obefemi Awolowo University);
Bamidele Opeyemi and Bola Aidi Tajudeen (Lagos Law School): Bunmi Olusona dn
Biodun Ogunyemi (Ibadan University); Biodun Ajiboye and Olaitan Oyerinde
(Lagos University); Yinka Orokoto, a lawyer from Lagos; Biodun Aremu, employee
at the “National Population Commission”; and six employees of the Guardian
newspaper, arrested following the closure of the newspaper on 29 May 1991:
Bayo Oguntimehin (editor), Taiwo Akerele, Tunde Sulaimon and Ben Akparanta
(reporters) and Bolaji Ogunye and Dam Enume (assistants). It was reported
that the above—mentioned persons, as well as others detained following
widespread student demonstrations, were being held incommunicado in various
detention centres of the State Security Service, without charge or trial and
with no access to their lawyers. It was alleged that the conditions of
detention in such centres were poor and that detainees were denied adequate
food and medical care. It was further alleged that several students had been
subjected to torture in order to force them to sign statements implicating
journalists, lawyers and human rights activists in the recent disturbances.
167. On 11 December 1991 the Government informed the Special Rapporteur that
the arrested students and journalists had been tried in court and subsequently
discharged. At no time during the course of their brief stay in police
custody had any of them been forced or unduly influenced to make a statement
to police and none of them had been tortured or denied access to his lawyer.
They had all been released and their cases closed.
El Ct i.4 /1992/17
page 58
Norway
Letters and Government replies
168. On 18 October 1991 the Special Rapporteur sent a letter to the
Government of Norway transmitting information alleging that Nassau Salem,
a 34—year—old Palestinian student at the University of Oslo, was ill—treated
by four or five policemen after a public demonstration against the Gulf War,
on 26 January 1991. According to the source, the police officers jumped on
him, threw him to the ground and handcuffed his hands behind his back while
one of them kicked his leg violently. Nassau Salem was then thrown to the
floor of a police van where three or four officers trampled on him. It was
further indicated that upon arrival at the Oslo Police Station at
Gronlandsipiret, he was flung to the floor, still handcuffed, and placed in a
room where he was beaten, kicked in the chest and dragged along the floor.
After his release, Salem reportedly had to undergo surgery for a broken shin
bone.
169. On 13 December 1991 the Government replied, with regard to the
above—mentioned case, that Hassan Salem had been apprehended on 26 January in
the centre of Oslo. OEe police officer who apprehended him did so by seizing
his arms. When Mr. Salem then tried to break away, he was pinned to the ground
and it was later established that his right leg had been broken. Mr. Salem
later reported the police officer who apprehended him to the police. The
complaint was investigated by an independent committee responsible for the
investigation of alleged criminal off ences committed by members of the police
force or the prosecuting authorities, which concluded that the police officer
had violated section 237 of the Penal Code by exercising unnecessary violence
against Mr. Salem. The committee also concluded that the other police
officers who took part in the apprehension were not guilty and recommended
that a fine of 5,000 Norwegian kroner be imposed on the police officer. OEe
prosecuting authorities agreed with this recommendation. Upon the police
officer's refusal to pay the fine, the case was referred to the Oslo City
Court, which in a judgment dated 9 October 1991 acquitted the police officer.
According to the Court:
“It has not been proved beyond reasonable doubt that Mr. Salem's leg was
broken by the “sweeping manoeuvre” performed by the person indicted, as
set out in the writ that was not accepted. In the view of the court it
is more probable that Mr. Salem's leg was injured after the person
indicted had pinned him to the ground. Accordingly, the person indicted
is acquitted.”
Pakistan
Urgent appeals
170. On 12 March 1991 the Special Rapporteur sent an urgent appeal to the
Government of Pakistan concerning Rahila Tiwana and Shehla Raza, activists of
the People's Student Federation, who were being held in police custody in
Karachi on suspicion of carrying weapons illegally. Rahila Tiwana was
arrested on 24 December 1990 and taken to an interrogation centre where
E/CN.4/1992/ 17
page 59
she was allegedly beaten and ill—treated. Shehla Raza was arrested on
2.7 December 1990. Whilst in custody she was allegedly subjected to torture
and intimidation. On 31 December 1990 she was ordered released by the
Sind High Court, but was rearrested by police on 5 January 1991.
Letters
171. On 17 April 1991 the Special Rapporteur sent a letter to the Government
of Pakistan transmitting information according to which several persons had
recently been subjected to torture in order to force them to give statements
against leading members of the ousted Pakistan Peoples Party (PPP), including
the former Prime Minister and her husband. The Special Rapporteur's
attention was drawn in particular to three affidavits concerning Zahid Saeed,
Atif Manzoor, alias 5/0 Mangoor Bussain, and Najam—ul—Hasan. Zahid Saeed was
reportedly arrested by Saddar police during the night between 23 and
24 December 1990 in Karachi, and taken away by agents of the Criminal
Investigation Agency (CIA). Several days later he was seen by his wife in a
poor physical condition, with wound marks and bandages on his legs and
hands. Mr. Saeed reportedly told his wife that he had been tortured and
forced to sign various statements against himself and other PPP and People's
Student Federation leaders. Atif Manzoor, alias s/c Manzoor Husain was
arrested on 11 April 1990 by the CIA police in Karachi and later transferred
to the Central Prison in Karachi. On 2 October 1990 he was again taken to the
CIA Police centre, where he was allegedly severely beaten and tortured. Other
detainees, named All, s b Attar Khan, Naim—Ul Hasan, alias Babar Jaoeali sf0
Ghulazn (who was arrested on 11 June 1990) and Noor Nabi Abbasi, were also
allegedly subjected to similar treatment. According to the sources, the
purpose of the alleged torture was to extract statements against Mr. Arif Ali
Zardari (Ms. Benazir Bhutto's husband) and other opposition leaders.
172. On 18 October 1991 the Special Rapporteur sent a letter to the Government
of Pakistan transmitting information according to which torture in police
custody of persons suspected of criminal or political offences was a common
practice. Detainees were reportedly often kept in incommunicado detention for
several days, during which time they were subjected to intimidation and
ill—treatment. Methods of torture included: suspending prisoners by their
ankles; beating them on the soles of their feet, ankles, knees and head;
rolling heavy logs over their legs; giving electric shocks; burning the body
with cigarettes; pulling out hair; threatening execution; threatening to harm
relatives; deprivation of food and sleep; and rape.
173. In particular, the case of Atif Iqbal Bokhari, aged 18, was reported. He
was arrested on 12 May 1989 in Kasur, Punjab province, by the local police.
While in their custody, he was hung head downwards and was struck on the feet
with a stick; he was also made to lie on the floor and a roller was pressed
down and moved heavily over his bare thighs and legs. After several
repetitions of this treatment, he fell unconscious and remained in a coma for
two days.
174. In the same letter the Special Rapporteur also transmitted information
alleging that women held in police custody were often subjected to more
specific forms of torture, in particular rape. Thus, it was reported that
EtCH .4 / 1992 / 17
page 60
Bushra Bibi and Anwari were raped in August 1990 by prison officers at
Sheikhupura District Jail, Punjab province, and that a medical examination
confirmed the allegations.
175. Information was also transmitted on cases of death as a result of
torture, including the following:
(a) Abdol Khaliq Mehar, arrested on 5 November, 1990, in Bachal village,
Karachi, Sind province, by police officers from New Town police station. He
was held in detention for a few hours, during which time he was severely
tortured. As a result of his multiple contusions and wounds, he died in the
Karachi Civil Hospital on 30 November 1990;
(b) Haroon Siddique, aged 25, was arrested on 5 August 1990, in Lahore,
Punjab, and taken to the Nawan ICot police station where he was allegedly
subjected to torture. On 15 August he was brought back to his home by
policemen, apparently in a state of coma. He died in hospital three days
later;
(c) Rhag Masih, aged 58, was arrested on 10 March 1990 in Gulberg,
Lahore, and taken to the police station. When his relatives arrived they
found him lying unconscious on the lawn outside. He died at the Services
Hospital a few hours later.
Peru
Letters and Government replies
176. On 14 February 1991 the Special Rapporteur sent a letter to the
Government of Peru transmitting information on the following cases of torture
alleged to have occurred during 1990:
(a) Fidel Intusca Fern&ndez, a driver at the Utec mines in San Juan
de Lucanas, Ayacucho, arrested on 6 August 1990 by armed soldiers wearing
hoods and taken to the military base at Puquio, where he was allegedly
severely tortured. A few days later, he managed to escape and told the press
that during his detention he had been hung from the roof, held under water to
the point where he nearly lost consciousness, burned on his back and neck,
beaten up, trampled and threatened with death;
(b) Ram6n Lozano Panduro, a 33—year—old peasant, arrested together with
other persons, including women and children, on 28 August 1990, by members of
the security forces, in the Department of San Martin. He was taken to the
Madre M i s barracks and released eight days later. During his detention he was
allegedly tortured, among other things kept untied in a damp pit, beaten up
and trampled on. Attempts were also made to hang him. As a result of this
ill—treatment, Mr. Lozano still suffers pain throughout his body and constant
pain in his kidneys and head;
(c) Rosaria Maria Carrasco L6pez, 21 years old, arrested on
2 August 1990 when she went to the Technical Police station in Chimbote to
pick up a certificate. The reason for her arrest was that a warrant had been
issued from Abancay, Department of Apurimac, for one Maria Carrasco L6pez for
E/CN .4 / 199 2 ,17
page 61
the offence of terrorism. She was driven to Abancay, a distance of 2,137 lcms,
over 52 days. During the entire trip she was allegedly given insufficient
food and clothing. At Technical Police headquarters in Cuzco, one of the
places where the person bearing the same name had a criminal record, police
officers allegedly punched and kicked her and threw her to the ground in order
to make her confess. Since then Miss Carasco L6pez has been suffering
intermittent pain in the base of her skull and in her back, for which she is
undergoing medical examinations;
(d) Bernab6 Balde6n Garcia, Jes us Ba lde6n Zapata and Santos Balde6n
Palacios. On 25 September 1990, in Puccapaccora, province of Vilcashuam&n,
Ayacucho, soldiers from the Accomarca barracks allegedly forced the villagers
to hand over their possessions and then ordered the above—mentioned three
individuals to accompany them. They were taken to Pacchahuallhua, district of
Independencia, where they were tortured. Mr. Baldeon Garcia and seven other
persons allegedly died after being tortured. The following persons were also
said to have been tortured and then released: Fernando Balde6n, mayor of
Pacchuallhua, Feliciano Urquizo, Francisco Carhuaz, Juan lJrquizo Flores,
Marciano Urquizo, Apo linario G6niez, Apolinarlo Diaz and Benigno Urquizo;
(e) CSar Sakamoto S6.nchez, arrested on 1 November 1990 by members of
the armed forces at the airport in Tarapoto, San Martin and taken to the
Mariscal C&ceres de Morales Military Barracks. Mr. Sakamoto Mnchez was
allegedly subjected to severe torture, including blows to the spinal column.
177. On 4 November 1991 the Government provided the following information on
some of these cases: :
(a) Intusca Fernandez, Fidel. His kidnapping was attributed to Army
personnel, but was actually carried out by members of the San Juan de Lucanas
mine in order to cover up their part in the theft of 59 explosives, which was
attributed to subversive criminals;
(b) Lozano Panduro, Ram6n. No background information is available
concerning the arrest of this citizen. The only person whose name appears in
the Ministry of Defence localization system is Segundo Abraham Lozano Panduro,
and the personal particulars do not correspond to those of Ram6n Lozano
Panduro;
(c) Carrasco Lopez, Rosaria Maria. She was arrested for terrorism
on 2 August 1990, at the request of the Correctional Court in Paurimac, by
personnel of the Provincial Police headquarters in Santa—Chimbote The
administrative—disciplinary investigation conducted in this case determined
that disciplinary responsibility lay with Chief of Police Angel Villa S&nchez
and others, for negligence and lack of conscientiousness in performing their
duties;
(d) Sakamoto Sanchez, C6sar. He was placed at the disposal of the
Anti—Terrorism Department (DIRCOTE) on 14 November 1990, and investigations
showed that he is a member of the Movimiento Revolucionario Ti'zpac Amaru (MRTA)
and of the North—East column of the MRTA in the Department of San Martin.
Mr. Sakamoto Sanchez has appeared on the list of inmates of the
Miguel Castro Castro Prison, for terrorism, since 5 December 1990.
E / CN .4 / 1992 / 17
page 62
178. On 6 August 1991 the Special Rapporteur addressed a letter to the
Government of Peru transmitting information on the following cases of alleged
torture:
(a) Juan Apolinario Gonz 1ez, a trade—union leader, arrested on
10 March 1991 by members of the security police in Paramonga, Lima. He was
taken to Security Police headquarters, where he was allegedly beaten and
tortured, among other things keeping his head under water and electric
shocks. On 11 March he was taken to Technical Police Headquarters, where he
underwent an official medical examination and was then released. On 14 March
he filed a complaint of torture with the Office of the Provincial Prosecutor
in Barranca, and with the Office of the Prosecutor for Human Rights and
Defence of the People;
(b) Juan Arnaldo Salom Adauto, 22 years old, a craftsman living in
Sapalianga, fruancayo, arrested on 24 April 1991 by four heavily—armed men in
peasant clothing. He was taken to the “9 December” military barracks, where
he was allegedly subjected to torture, including beatings, electric shocks,
being strung up by the feet and hands and forcibly held in water to confess
to being a member of “Sendero Luminoso”. On 11 June, one day after
Mr. Salom Adauto managed to escape from the barracks, four armed men in
peasant clothing allegedly searched his home and beat his two brothers,
11—year—old Victor Luis and 17—year—old Rodolfo Alberto.
179. On 9 December 1991, the Government reported, with regard to the case of
Juan Apolinario GonIIlez, that it had not been proven that he had been
subjected to torture by members of the Security Police in Parainonga.
Pbiliouines
Urgent aoneals and Government replies
180. On 28 December 1990 the Government of the Philippines sent a letter to
the Special Rapporteur in reply to his urgent appeal dated 12 September 1989
(EICN.4/ 1990/17, para. 127), transmitting a list of 25 detainees suspected of
membership in the New People's Army, who were allegedly tortured while in
detention. A case report prepared by the Commission on Human Rights of the
Philippines was attached to the letter, providing further details on the
investigation of the case. It confirmed that 21 of the 25 still in detention
claimed having been tortured, and added the following:
“The Commission on Human Rights immediately directed its Quick Reaction
Team (QRT) to visit the detainees, but the team was not allowed to see
the detainees for lack of written authorization from the Chairman of the
Commission. OEus, on 31 July 1989, by virtue of a mission order,
officers from the Legal Aid and Counselling Division of the Commission
went to Camp Bagong Diwa, together with the Medical Action Group
personnel headed by Dr. Annabel Sumayao, to conduct medical check—up of
the 25 detainees. The officers recommended that the case of the
detainees be referred immediately to their lawyers so that their rights
will be protected. ... The Commission's Quick Reaction Team, who went to
Camp Bagong Diwa to get the affidavits and for a medical check—up by the
CHR Forensic Chief, was informed that the detainees had already given
E /ON .4 / 1992 / 17
page 63
their statements with the Task Force Detainees. On the other hand,
Dr. Reynante Basas of the Commission reported that among those
16 detainees he had examined clinical manifestations of contusion, sprain
and myalgia as per findings of the Medical Action Group had already
disappeared, except for three others whose signs or symptoms of contusion
are still prominent. On 25 August 1989, the Legal Aid and Counselling
Division who went to Bicutan for the signing of the affidavits of the
detainees was informed by a certain Attorney Jorge Gaduang that he will
have to confer with the other lawyers handling the case before allowing
the detainees to sign the affidavits. Up to date, the detainees refused
to sign the affidavits. Meanwhile, four detainees were already released,
namely: Virgilio Tesoro, Luther Candido, Edgardo Duce, Arnel Castillo.
The investigation of this case is hampered by the lack of cooperation of
the detainees. The case is considered closed in so far as the
investigation aspect is concerned and the case has been submitted to the
Commission for resolution.”
181. On 12 March 1991 the Special Rapporteur sent an urgent appeal to
the Government of the Philippines concerning Manuel Capitulo, aged 25,
Almar Lusong, aged 28, and Antonio Hondor, aged 26, who were arrested
on 8 February 1991 by members of the army in Pampang Market, Angeles City.
The three men were believed to be held in incommunicado detention at the 702nd
lB Army Camp based in Belen Homesite, Santo Cristo, Angeles City. It was
reported that local military authorities at first denied holding the three men
in custody, and that on 13 February 1991 their detention was acknowledged, but
their relatives were told that they could not be produced because they were
undergoing interrogation. Fears were expressed that they might be
interrogated under torture.
Letters and Government replies
182. On 28 December 1990 the Government of the Philippines sent a letter to
the Special Rapporteur in reply to his letter dated 6 June 1990
(see E/CN.4/l99l/l7, paras. 134—138). Two case reports prepared by the
Commission on Human Rights of the Philippines were attached to the letter,
providing details about 10 of the 11 detainees (mentioned in para. 135 of the
above—mentioned report), who were allegedly tortured in the period March to
May 1989.
(a) Regarding Honorio Ayroso, Stanley Marvin Pengson, Marcelito Clemente
and Eduardo Bagtas, the case report stated as follows:
“Ayroso et al were reported to have been severely beaten and subjected to
other forms of torture during the period March—May 1989. Acting on the
said report, the Commission on Human Rights through its special
investigators made an immediate inquiry to the Provincial Jail of Rizal.
It was found out that the subjects, with the exception of Eduardo Bagtas,
were no longer detained”.
Eduardo Bagtas, who was previously charged with murder, at present
E/CN.4/1992/17
page 64 .
“has another case before the Prosecutor of Makati which is now under
preliminary investigation. In both cases, he is assisted by a certain
Attorney Marinas of the Free Legal Assistance Group. The subject denied
that he was tortured or maltreated while detained. Per investigation
made to RTC Branch 152, Pasig, Metro Manila where the criminal cases of
Ayroso, Marvin and Clemente were instituted, the records showed that they
were all acquitted of their charges for insufficiency of evidence to
prove guilt beyond reasonable doubt. This case was recommended to be
considered terminated because of the finding that due process of law had
been properly observed.”
(b) Regarding the cases of Wilfredo P hi, Steven Pasion,
Claudio Suangco, Geronaga Malibi, Edgardo Mamuntug and Pedro Calilang, it was
reported that the Commission had received information according to which they
were tortured during their detention. The first four had their cases
definitively or provisionally dismissed and they were released. Further
investigation into their torture allegations was needed and an update report
would be made once substantial information was gathered by the investigators
of the Commission on Human Rights of the Philippines.
183. On 14 February 1991 the Special Rapporteur addressed a letter to the
Government of the Philippines transmitting information according to which
numerous citizens were subjected to torture in recent months while held in
detention by Philippine security forces. Victims were generally said to be
sympathizers or members of the New People's Army (NPA) and the officials said
to be responsible for the alleged torture were mostly members of the
military. The following detailed cases were reported:
(a) Vigilio Jacob, a trade union organizer, was arrested on
10 November 1990 by Navotas police and was allegedly tortured while in
detention. A NAG medical team was sent to Navotas municipal jail to examine
Jacob. Its members, Dr. Ireneo Baguden, 30, Mr. Eliseo Constantino, a
23—year—old psychologist, and Ms. Gina Villanueva, a 23—year—old nurse, were
allegedly blindfolded, handcuffed, and ill—treated by officials while in the
jail;
(b) Vincente Ladlad, allegedly the head of the education department of
NPA, was arrested on 14 August 1990 and was allegedly severely tortured during
the course of interrogation.
184. Numerous torture cases were reported to have occurred in the Isabela
region and were said to have been perpetrated by a group of soldiers led by a
lieutenant whose name was transmitted to the Government. The cases of the
following persons were reported: Culas Collado, detained on 11 June 1990;
Ben Duarte, detained on 13 June 1990; Junior Manili, detained on 15 June 1990;
and Juanito Oliva, Bonifacio Pascua and Bernaldo Bitamog, detained
on 16 June 1990 ,
185, The following case of alleged torture resulting in death was reported.
Jaime Melad, a 60—year—old farmer from Brgy Namnaina (Isabela), was arrested
with his sons Edgar and Dominador on 17 October 1990. The three were
reportedly tortured before being taken to the 41st IBPA detachment on
21 October 1990. On that day, Jaime Melad was taken to Brgy, San Vicente
E/CN.4/1992/17
page 65
where he was severely beaten and later allegedly killed by officials.
Although the cause of death could not be determined, his body was said to be
covered with bruises, particularly on his chest, hips, back and head.
Portugal /
Letters
186. On 6 August 1991 the Special itapporteur sent a letter to the Government
of Portugal transmitting information alleging that the conditions of detention
in the Vale de Judeus prison in Alcoentre, were extremely bad and that torture
was used. According to the source, 15 persons died in that prison in 1990
under circumstances which have not been clarified. The following cases were
transmitted to the Government:
(a) Manuel Tavares Mendonca, a prisoner from Cape Verde, was allegedly
subjected in April 1991 to various forms of torture, including beatings and
cigarette buns, while he was hanging with his feet and hands in the air and a
stone tied to his genital organs;
(b) Five German prisoners, Manf red Reffel, G Unther Radtke, Udo Mayer,
Erich Klein and Werner Egner, were allegedly subjected to inhuman conditions
of detention and one of them, GUnther Radtke, suffered side—effects of the
beatings he received in March 1990.
187. Two other cases of ill—treatment were brought to the attention of the
Government:
(a) Isidro Albuquerque Rodrigues, a metal worker from the town of
Amadora, close to Lisbon, was arrested on 26 June 1990 by members of the
Fourth Brigade of the Judicial Police and taken to their station in Setubal.
On the way there, the officers allegedly beat Rodrigues and when they arrived
at the station, a group of 10 to 12 officers of the Fourth Brigade questioned
him between 6 p.m. and 3 a.m. During the questioning he was kicked and
punched and beaten with a metal shower pipe. He was beaten over the ears and
jaws and had several teeth were broken. According to the source, in
October 1990 Mr. Rodrigues lodged an official complaint with the Prosecutor in
Setubal and asked for the officers of the Fourth Brigade of the Judicial
Police in Setubal who had beaten him to be identified and for criminal
proceedings, to be instituted against them;
(b) Marcelino Baessa, from Cape Verde, was questioned on 10 August 1990
by a group of officers of the National Republican Guard who took him to their
station in Fort Almada. On arrival at the station he was kicked and punched
by a group of officers. He was also doused with a high—pressure water hose.
The next day he was released after appearing before a court in Almada.
On 12 August he received medical treatment at the District Hospital of Almada
for superficial injuries and bruises. According to the source, Mr. Baessa
lodged a formal complaint on 22 August 1990 with the Almada Prosecutor
demanding an inquiry into the circumstances of the incident and charging the
officers of the National Republican Guard with responsibility. According to
the source, the outcome of Mr. Rodrigues' and Mr. Baessa's complaints are not
known.
El CN .4/1992/17
page 66
Republic of Korea
Letters and Government replies
188. On 6 August 1991 the Special Rapporteur sent a letter to the Government
of the Republic of Korea transmitting information according to which prisoners,
both those detained for anti—State activity and conunon law suspects, had
allegedly been subjected to torture and ill—treatment over the previous few
months. OEe alleged ill—treatment principally consisted of beatings and
prolonged deprivation of sleep. Most of the cases reported concerned members
of the Sanomaeng group (Socialist Workers League), who were arrested in
September and October 1990. Others concerned members of the Chamintong group
(Independent National Unification Group), arrested in December 1990. The
following individual cases were reported:
(a) Lee Song—Su, aged 27, an ex—student of Sung Kyun—Kwan University,
was arrested as a suspected member of the Sanomaeng group. On 23 October 1990
he reportedly told his lawyer that he had been beaten by his interrogators
because he refused to answer their questions;
(b) Hyu Jung—flok, aged 27, a suspected member of Sanomaeng, told his
lawyer on 1 November 1990 that he had been kept awake for three consecutive
nights, stripped and beaten soon after his arrest;
(c) Park Ki—Pyong, the alleged leader of the Sanomaeng group, was
arrested in March 1991 and also alleged that he had been beaten and denied
sleep for several nights during his interrogation;
(d) Other members of Sanomaeng who claimed to have been ill—treated were
Chang 0—Yong, Chon In—Hyun, Kim Ok—Ryun and Chong Mi—Hwa.
189. In December 1990 it was announced that some 30 members of the Chamintong
group were arrested. According to several of the detainees' families, their
Sons were stripped and beaten with wooden bars, kicked and stepped on while
being forced to kneel down on the floor. Members of the group who alleged
having been beaten, kicked or deprived of sleep for several days included
Kim Yo—Sop, aged 25, a graduate of Hanrim University, Choi Won—Guk, a former
student, Kim Gi—su, a student at Kyung—hee University, Kim Dong—Kyu, aged 24,
a student, and Hun Jung—Sook, aged 24, a female graduate of Icyung—hee
University..
190. In October 1990 several thousand suspected common criminals were
arrested in a large—scale operation announced as “War against crime”.
On 21 October 1990 a local newspaper reported that at least eight criminal
suspects, including Kong Pyong—Chin, aged 20, were alleged to have been beaten
by police interrogators.
191. By letter dated 14 November 1991 the Government sent the following
information with respect to the above—mentioned cases:
E/CN.4 / 1992/17
page 67
(a) Mr. Lee Song—Su. During an interview with his lawyers and mother
on 16 October 1990 he stated that he had not been tortured. Although at a
later stage, Mr. Lee claimed that he had been tortured during the
investigation, both the district court and the appellate court rejected the
complaint concerning his alleged torture;
(b) Mr. Hyun Jung—Dok. After his arrest, Mr. Hyun exercised the right
to be silent for 10 days, but he subsequently made a confession after being
faced with various evidence. On 6 October 1990, he told his mother at a
detention centre that he had never been harshly treated;
(c) Mr. Park Ki—Pyong. He admitted spontaneously facts which constitute
violations of the National Security Law, not only during the trial proceedings
but also during the investigation. Furthermore the court rejected the
complaint concerning his alleged maltreatment;
(d) Chang 0—Yang, Chon In—Hyun, Kim Ok—fryun, Cong Mi—Hwa. Contrary to
the allegation mentioned in the Special Rapporteur's letter, all of them had
stated in court that they had not been ill—treated during interrogation
procedures. Among them, Ms. Chang was sentenced to one year in prison but
released on probation;
(e) Kim Yo—Sop, Choi Won—Guk, Kim Ki—Su, Kim Dong—Kyu, Hun Jung—Sook.
They allegedly claimed in court that they were ill—treated during
interrogation. OEe court, however, rejected their allegations. Their cases
are pending at the Supreme Court, except the case of Ms. Hun, who was
sentenced to one year in prison but released on probation;
(f) Kong Pyong—Chin. On 18 October 1990, Mr. Kong was arrested by the
police on a charge of blackmail. During the interrogation at the police
station, faced with all the evidence of three policemen, Mr. Kong still
refused to admit the charge and to state the whereabouts of his accomplices.
Trying to extract a confession from Mr. Kong, the interrogators forced him to
kneel on the floor. Even though the above—mentioned ill—treatment could be
considered trivial, the police disciplinary committee reprimanded them, as
well as two senior policemen, with a caution. On February 1991, Mr. Kong was
sentenced to 10 months in prison with a stay of sentence for two years.
Romanja
Letters and Government replies
192. On 18 October 1991 the Special Rapporteur sent a letter to the Government
of Romania concerning Mr. loan Gug, a resident of Oradea, who was arrested
on 19 December 1990 at the Piata Repub licii tramway station in Oradea after he
had taken part in a peaceful demonstration. According to the information
received, immediately after his arrest, he was beaten in the abdomen and, on
arrival at the police station, thrown on the ground and beaten several times
by the policemen until he became unconscious. When he regained consciousness,
he was transferred to another police station where he was beaten up by several
policemen. He was reportedly forced to make a statement and was then
released. According to the source, the medical certificate issued two days
E / CN.4/1992/17
page 68
later by the Judetul Bihor Localitatea Oradea Unitatea Institute stated that
he had been beaten and that would require two or three days's medical
treatment.
193. In a letter received on 4 December 1991, the Romanian Government replied
that Mr. loan Gug had never been arrested. The Government indicated that,
on 19 December 1990, the Bihor Democratic Alliance had organized a peaceful
demonstration for which permission had been granted and that it ended
at 7 p.m. Afterwards, several participants in the demonstration went to the
centre of town in front of the Mayor's Office where they brought the traffic
to a halt and aroused the anger of many of the citizens. The police officers
took the necessary steps to remove the participants and asked some of the
leaders, including Mr. loan Gug, to go to police headquarters for
identification purposes. Mr. loan Gug was fined 500 lei — a civilian
penalty. Mr. loan Gug then took his case to the Oradea military prosecutor
and submitted a medical certificate which stated that he had been beaten up
and that two or three days' medical treatment was necessary. After hearing
Mr. Gug, the military prosecutor realized that he was unable to provide any
information or evidence to identify the persons who attacked him. Under the
circumstances, despite the efforts by the military prosecutor to conduct an
inquiry and since Mr. Gug has gone abroad and has not returned, the case has
been closed.
Rwanda
Urgent appeals
194. On 5 March 1991 the Special Rapporteur sent an urgent appeal to the
Government of Rwanda transmitting information concerning the following
persons: Emmanuel Havugimana, Justin Kanamugire, Laurent Karugarama and
Ezekiel Ngoboka, all members of the Tutsi ethnic group who were reportedly
held in the Gisenyi prison, under suspicion of having links with a rebel Tutsi
greup known as the Rwandese Patriotic Front. Emmanuel Havugimana, a teacher
at the Rwankeri college, and Justin Kanamugire were allegedly arrested by
soldiers on 30 January 1991 in the Rwankeri clinic. Laurent Karugarama and
Ezekiel Ngoboka, university students at the Adventist University of Central
Africa, were allegedly arrested on 3 February 1991 on the university campus.
They were all beaten and ill—treated by members of the Rwandese security
forces. Ezekiel Ngoboka reportedly had his face slashed by a machete and he
was injured in the leg. Laurent Karugarama allegedly was beaten and had
bruises all. over his body. Since their arrest, it is said that the four
prisoners have not been allowed any visits by their relatives, they have been
denied medical treatment and their conditions of detention are extremely
harsh. Given this information, fears have been expressed about the health and
the physical integrity of these persons.
Letters and Government replies
195 , On 14 February 1991 the Special Rapporteur sent a letter to the
Government of Rwanda transmitting information to the effect that
Mr. Alfred Chafubire died in detention. According to the information
received, Mr. Chafubire, a pastor of the Episcopalian Church and principal of
the secondary school in Gahini, in the prefecture of Kibungo, was arrested
on 6 December 1990 and transferred to the detention centre in Rwamagana, where
E/CN.4/1992/ 17
page 69
he died the same day. According to witnesses who allegedly saw his body the
next day, his limbs seemed swollen and showed traces of very violent torture
which caused his death. The same source reported that no inquiry was conducted
to establish the cause of death, as required by law. Mr. Chafubire belonged
to the Tutsi ethnic group, which, according to this source, is the dominant
force in the Uganda—based rebel movement which attacked the north—east region
early in October 1990. Many people suspected of sympathizing with the
movement were said to have been arrested recently and many of them were
reportedly beaten and otherwise ill—treated. Several of the 13 people tried
on 3 January 1991 by the Court of State Security told the Court that they had
been beaten and ill—treated by members of the security forces to force them to
confess. However, according to the source, the court did not take those
allegations into consideration.
196. On 20 May 1991, the Government transmitted a copy of pre—trial
proceedings No. 1488 /05 of 20 March 1991, published by the Ministry of
Justice, concerning the “Inquiry into the cases of detainees and release of
accused persons who were unjustly detained”.
Saudi Arabia
Letters and Government reDlj
197. On 14 February 1991 the Special Rapporteur addressed a letter to the
Government of Saudi Arabia transmitting information alleging that numerous
incidents of torture or ill—treatment had been perpetrated in the previous
months by Saudi Arabian officials. Most of the victims were said to be of
Yemeni nationality or descent and were among hundreds of Yemeni nationals
arrested during September 1990. Torture allegedly occurred during arrest and
detention and included severe beating, falaga (beatings on the soles of the
feet), sleep deprivation, total submersion in water and electric shocks.
Two individual cases, those of Amin Shenad al—Shawafi and Said Abdo
Abrahim al—Shami, were reported in particular.
198. On 28 February 1991 the Government replied that the allegations were
“completely fabricated and groundless”, and added the following:
“Yemeni citizens living in the Kingdom of Saudi Arabia are well considered
by its Government and people ... However ... the Government of
Saudi Arabia had previously granted exceptions for the Yemeni population
from some rules and regulations applied to foreigners working in
Saudi Arabia, but these privileges enjoyed by nobody else have been
cancelled. These actions are not levelled against the Yemeni people but
they are in response to the irresponsible behaviour of the Yemeni
Government during the occupation by Iraq of the State of Kuwait.”
Senezal
Letters
199. On 14 February 1991 the Special Rapporteur sent a letter to the
Government of Senegal transmitting information to the effect that the cases of
torture and cruel treatment had increased in the Casamance region, in the
E/CN. 4/1992/17
page 70
south of the country, in the second half of 1990. In a number of cases
prisoners had allegedly died after being tortured in prison. Most of these
cases were of persons suspected of being members or sympathizers of the
separatist movement known as the Casamance Democratic Forces Movement (MFDC)
or of persons suspected of supplying them with arms or food. However, in some
cases close relatives of the members of the Movement were also arrested and
tortured. The following cases of persons who died as a result of torture were
transmitted:
(a) Assoua Diabone, a peasant aged 40 from Oussouye, arrested in
June 1990 by a patrol of the Mobile Security Brigade, apparently because his
name was on a list of members of the separatist movement. He was transferred
to the police station in Oussouye where he was said to have been badly beaten
with clubs. According to the report, he received no treatment for his
injuries and died on 18 June;
(b) Canguilo EjibalMe, a peasant aged 30 from Oussouye, arrested in
July 1990. He was allegedly tortured, transferred to the Ziguinchor hospital
and later to the prison in Dakar, where he died apparently as a result of the
injuries he had received;
(c) S6kou Mary, known also as Agnocoune, a peasant aged 58 from
Kabiline. He was arrested on 23 October 1990 by the Gambian police in
Brikama, where he had taken refuge with nine other Senegalese and was handed
over to the Senegalese authorities. He reportedly died after being tortured
by members of the Diouloulou police force;
(d) Younouss Djiba, a peasant aged 27 from Kaguitte, in the Department
of Ziguinchor, and Ampa Dakar, from Yotou, in the Department of Oussouye.
Both men were suspected of being members of the MFDC and were arrested by the
security forces early in October 1990. They were reportedly beaten to death
by members of the armed forces stationed at the Kaguitte barracks.
200. The other cases of torture reported concern the following persons:
(a) Binta Niassy, aged 33, arrested on 24 June 1990 in Kabiline, when
soldiers were looking for her husband, Tata Sudio, who was away. OEe soldiers
reportedly beat Mrs. Niassy, who was pregnant, forced her to lie on the floor
of a military vehicle and several of them whipped her and others trampled on
her. Shortly after her release, without any charges, she had a miscarriage;
(b) Lamin6 San&, aged 30, from Diafar—Douma, Department of S dhiou, and
Fatoma Diatta, from Tendouck, Department of Bignona. OEey were arrested by
police in Bignona, in June 1990, after a grenade attack which wounded
10 people. According to witnesses the two men were allegedly stripped naked
and tied to poles at the police station in Bignona, in front of the Prefect's
residence. They were reportedly left in the blazing sun and to the stares of
passers—by for a whole day, and members of the security forces burned their
skin with lighted cigarettes;
E/CN.4/1992/17
page 71
(c) Louis Sadio, aged 75, and Lamine Ladio, aged 70, as well as other
people from the village of Kartiak, in the subdivision of Tendouck, in the
Department of Bignona, were allegedly arrested by members of the army and the
police force on 13 July 1990 and they were whipped and pounded with blows from
rifle butts;
(d) Atome Manel Diatta, aged 55, and Viviane Sagna, as well as 7 other
women from the district of Colobane, in the Department of Oussouye, arrested
in July 1990 by army personnel searching for members of the MFDC. The women
were apparently transferred to the police station known as “Rue de Thiong”, in
Dakar, where they were deprived of food and water for a week.
Sin2apore
Letters
201. On 18 October 1991 the Special Rapporteur addressed a letter to the
Government of Singapore transmitting information concerning the practice of
caning, a form of punishment which is allegedly mandatory for a number of
crimes, including attempted murder, armed robbery, rape, drug trafficking,
vandalism and illegal immigration. In particular, the case of Qwek Kee Chong
was reported. In 1987 he was convicted on four charges of armed robbery and
sentenced to 10 years' imprisonment; he was also ordered to be given
12 strokes of the cane on each of the four charges. On 8 April 1988, he was
given 48 strokes of the cane, all in one continuous session at Changi prison.
According to family members, Qwek had to be hospitalized at the Changi prison
hospital after the caning.
South Africa
Urgent appeals and Government replies
202. On 25 February 1991 the Special Rapporteur sent an urgent appeal to the
Government of South Africa concerning Thamsanga Jack, aged 35, who was
arrested on 6 February 1991 at the East London Airport as he returned to the
country after several years' absence. It was reported that he was being held
in an undisclosed place of detention, under section 29 of the Internal
Security Act of 1982 which permits the police to hold a person incommunicado
indefinitely and in solitary confinement, for the purposes of interrogation.
In view of past reports that persons detained under the terms of section 29
had been subjected to torture or ill—treatment, and that two persons have died
while being held under that provision, fears were expressed that Mr. Jack
might be in danger of being tortured while in custody.
203. On 12 June 1991 the Special Rapporteur sent an urgent appeal to the
Government of South Africa concerning Friedrich W. Brenner, an Austrian
citizen, who was detained at the central male prison in Pretoria, serving
a 25—year prison sentence after being convicted of murder in 1987.
Mr. Brenner had reportedly been shot on 21 June 1986, during the incident
which led to his trial and conviction, and, according to the source, his state
of health was deteriorating; in particular, it was reported that his left lung
was not functioning, his left arm was numb and his eyesight was severely
E/CN.4/ 1992/l7
page 72
impaired, probably owing to blood clots resulting from internal haemorrhage.
It was alleged that Mr. Brenner had not been given adequate medical treatment,
and serious concern was expressed for his physical integrity.
204. On 8 August 1991, the Government provided the Special Rapporteur with the
following information concerning Mr. Brenner:
“Mr. Brenner has been examined by a neurologist who reported as follows:
He has high blood pressure with tachycardia from time to time;
His EEG record is normal;
His black—outs have cleared up;
He has diminished sensation of the left arm which is due to the
shooting incident and head injury. The condition is stabilized and
no specific treatment is indicated;
It is doubtful whether there is anything which could be offered
Mr. Brenner for his double vision, apart from prism lenses.
Mr. Brenner was also examined by an opthalmic surgeon who reported
that muscle motility tests were completely normal.
The Commanding Officer of the Pretoria prison has recently confirmed that
Mr. Brenner has received a new pair of spectacles and has been placed on
medication for his blood pressure. The prison authorities have further
given the assurance that Mr. Brenner's medical condition is monitored on
a continual basis and that he will receive medical treatment whenever
necessary.”
Letters
205. By letter dated 18 October 1991 the Special Rapporteur transmitted to
the Government of South Africa information alleging that members of the
South African Police had arrested Frans Mahuma, Thomas Mavundla, OEomas Monene
and Elliot Raxnpau on 23 July 1991, in Khutsong township outside Carletonville.
In statements made to their lawyer shortly after their release a few days
later, without any charges being brought against them, these persons said that
they had been tortured during interrogation to make them confess to certain
crimes. Each of the four alleged that he had been forced to lie on the floor
of a room in the police station with his hands tied behind him and his legs
tied together with a rope. Three had sacks or bags placed over their heads.
Each of the four said that the police had placed a metal rod either between
their wrists, which were tied together, or between their legs, and attached
wires to their fingers, ankles or lower backs. Electric shocks had been
administered until they had agreed to sign confessions.
E/CN.4/1992/17
page 73
Spain
Letters and Government replies
206. On 16 January 1991 the Government of Spain transmitted to the Special
Rapporteur a copy of the verdict by the National High Court on the offences
committed by Henri Parot (E/CN.4/1991 117, paras. 152—153). According to the
verdict, Mr. Parot's allegation that he had been subjected to torture and
ill—treatment when he was questioned contradicts what he himself told the
forensic physician who examined him and does not tally with the report of his
medical examination.
207. On the 17 April 1991 the Special Rapporteur sent a letter to the
Government of Spain transmitting information he had received alleging
that 34 people had been arrested during an operation carried out by the
Guardia Civil and the National Police on 18 and 19 November 1990 in the Basque
provinces and Navarre. Some of them have allegedly been released and are
claiming that they were beaten and subjected to ill—treatment in custody.
Arrate Lejarza and her sister Estibalitz were allegedly detained in Basauri.
According to a forensic physician who examined them, both women showed signs
of torture. Jes6s Maria Salterain, who was detained in Abadiflo, was also
examined by a forensic physician who reportedly found marks caused by electric
shocks administered to various parts of the body. Mr. Salterain is currently
in the Carabanchel prison in Madrid.
Sri Lanka
Urgent appeals
208. On 22 May 1991 the Special Rapporteur sent an urgent appeal to the
Government of Sri Lanka concerning Florence Ariamalar Gnanakone, who was
reportedly arrested on 9 May 1991 in Colombo by the Criminal Investigation
Department (CID). According to the source, from 9 to 15 May 1991 she was
detained at Police Headquarters, Colombo Fort, where she was severely
mistreated. Following the recommendation of a prison doctor, Mrs. Gnanakone
was transferred to Colombo General hospital on 15 May, but 48 hours later she
was taken to Welikada Remand jail, where she suffered physical abuse and
repeated verbal harassment.
209. On 15 October 1991 the Special Rapporteur sent an urgent appeal to the
Government of Sri Lanka concerning Dr. S.C. Fernando, a medical doctor, held
in Welikanda prison hospital in Colombo. Dr. Fernando had reportedly been
held since August 1987 in incommunicado detention, without trial, on
unspecified charges. He had allegedly been subjected to physical and
psychological torture, and fears were expressed that his physical and mental
integrity might be in danger.
Sudan
Urgent anDea ls and Government repljea
210. On 20 December 1990 the Special Rapporteur sent an urgent appeal to the
Government of Sudan concerning three well—known politicians from southern
E / CU. 4 / 1992 / 1 7
page 74
Sudan arrested in Khartoum. Their names were Peter Cirrilo, Governor of
Equatoria from 1986 to 1989, Eliaba James Surur, Chairman of the People's
Progressive Party, and Samuel Arrew Boll, Chairman of the Southern Sudanese
Political Association and former Deputy Prime Minister. All were said to be
held incommunicado, without having been charged with any offence. It was also
reported that Peter Cirrilo had been severely tortured.
211. On 18 February 1991 the Government replied, describing the information
received by the Special Rapporteur as
“completely untrue, as the concerned Sudanese authorities did not arrest
the [ persons] mentioned following a meeting between southern politicians
and the Head of State. No one of the [ persons] mentioned had even been
subjected to physical torture, neither were they being denied access to
proper medical facilities, or their families”.
212. On 23 April 1991 the Special Rapporteur sent an urgent appeal to the
Government of Sudan concerning Professor Noses Macar, aged 45, the Principal
of the University of Juba, and Professor Richard Hassan Kalam Sakit, a surgeon
and the Dean of the Faculty of Medicine at the same university. Both were
arrested at the end of March 1991 in Khartoum, reportedly on suspicion of
having contacts with the opposition group known as the Sudan People's
Liberation Army. Both were reported to be held incommunicado, without
charge, in secret detention centres in Khartoum. According to the source,
over 60 people arrested since November 1989 had been tortured by members of
the “Security of the Revolution” while detained in secret detention centres in
Khartoum.
213. On 7 May 1991 the Government informed the Special Rapporteur
that Prof. Moses Macar and Dr. Richard Hassan Kalam Saket were among
the 299 political prisoners who were set free on 1 May 1991.
214. On 7 June 1991, the Special Rapporteur sent an urgent appeal to the
Government of Sudan concerning Mansour Atta, said to be a political prisoner
held in Port Sudan. Serious concern had been expressed that his physical
integrity, and even his life, might be in danger, following reports that his
brother, Gafar Atta, died on 19 May 1991 in the same prison, allegedly as a
result of the torture to which he had been subjected.
215. On 24 October 1991 the Government of Sudan replied, with respect to the
case of Gafar Atta, that he had been arrested in Port Sudan for questioning
and subsequently released. However he died of typhoid 10 days later, as
certified in a medical report. As for Mr. Mansour Atta, no person with this
name had ever been arrested in the country.
216. On 23 September 1991 the Special Rapporteur sent an urgent appeal to the
Government of Sudan concerning Adam Mohamed Adam and Hussein Abdul Karim, who
were reportedly sentenced by the Supreme Court in Sinnar, Central Sudan, to
amputation of the right hand after being found guilty of stealing flour and
sugar from a shop. It was also reported that the sentences, which had been
submitted to the High Court in Khartoum for review, were the first judicial
amputation sentences to be imposed under the new Penal Code based on the
Islamic Shari Law, which ca ine into force in March 1991.
El CN . 4/ 199 2/17
page 75
217. On 8 October 1991 the Special Rapporteur sent an urgent appeal to the
Government of Sudan concerning Raroun Abdel—Karim, who had reportedly been
sentenced by the High Criminal Court of Al—Fasher, Northern Darfur state, to
cross—limb amputation (right hand and left foot) after being found guilty of
armed robbery. It was also reported that the sentence, which could still be
referred to the Supreme Court in Khartoum, was the third judicial amputation
sentence to be imposed under the new Penal Code.
218. On 25 November 1991 the Government replied, with respect to the case of
Haroun Abdel—Karim, that this person had been charged and convicted by a
criminal court of serious crimes connected with armed robbery. The sentence,
however, had not yet been confirmed by the high court. OEe Government added
that crimes related to armed robbery had had a devastating effect and caused
great loss of life in Sudan in general and in the state of Darfur in
particular.
219. On 4 November 1991 the Special Rapporteur sent an urgent appeal to the
Government of Sudan concerning the following persons:
(a) Muawia Jaffar, a police officer who was arrested in Khartoum
on 14 October 1991 by “Security of the Revolution” officers, reportedly after
having prevented security officials from entering a sector of the airport for
which they had no authorization. It was alleged that he was severely beaten
and then dumped in a back street in Khartoum;
(b) Zein Al—Abdin Al—Tayib Osman, aged 21, an unemployed graduate,
reportedly arrested in the town of Sennar in Blue Nile province in early
October 1991 on suspicion of distributing anti—government leaflets. It was
alleged that he was beaten and subjected to electric shocks at an interrogation
centre in Sennar before being transferred to hospital in Sennar where he is
reportedly held under guard;
(c) Adnan Zahir Surur, Anwar Abbas and Amar Abdel Khalig, allegedly
arrested in Khartoum in August 1991 and since held incommunicado without
charge or trial in a secret detention centre. Adnan Zahir Surur had
reportedly been arrrested twice before.
In the light of previous reports according to which people detained under
similar circumstances were said to have been tortured by members of the
“Security of the Revolution” while detained in secret detention centres, fears
were expressed that the three aforementioned persons might have been subjected
to torture.
Letters
220. On 17 April 1991 the Special Rapporteur sent a letter to the Government
of Sudan transmitting information according to which over 300 political
prisoners were still kept in solitary confinement in secret prisons known as
“ghost houses”. It was further reported that several of those held at the
Shalla prison were in urgent need of medical attention. The following names
were given: Abdelmoneim Salman, aged 65, a teacher, suffering from diabetes,
blood pressure and gall bladder disease; Samir Girgis, aged 60;
Al Tayeb Gedeiri, a lawyer; Abmed Abdel Mula, a pharmacist; Al Tayeb Gediri,
E/CN .4 1 1992 1 17
page 76
a lawyer; Galal Al Din Al Sayed, a lawyer; Usheiri Abmed Nabniond, an assistant
at the university; framuda Fatah at Rahman, a doctor; Farouq Koudoda, an
assistant at the university, Khery Abdel Rahman, an engineer; Siddiq Al Zilaei,
a journalist; Al Sheik Al Jchider, a civil servant; Naguib Nagem El Din,
a doctor; A u al Mahxxi Al Sakhi, a labourer; Kamel Abdel Rabman Sheik,
a labourer; Mahgoub Osman Moh. Khier, a journalist; and Kamal Al Gezouli,
a lawyer who had been held in the prison of Port Sudan.
221. The following detainees, whose detention place was not reported, had
allegedly been subjected to torture: Mohammed Omar Mirghani, aged 62,
ex—director of the Sudanese Railway Company; Mokhtar Abdullah, a trade union
activist; Yussef Hussein, a former journalist, arrested on 11 January 1990;
Abedel Moneim Osman, an economist; Nagi Eldayeb, a pharmacist;
Yacoub Mohamed Ahmed; and Hassan al Imani, allegedly tortured to death in
the office of the Sudanese Security Services.
Thailand
Letters and Government replies
222. On 17 April 1991 the Special Rapporteur sent a letter to the Government
of Thailand transmitting information according to which seven asylum—seekers
from Myanmar were severely beaten and ill—treated by Thai police officers at
the Suan Phluu immigration detention centre ( mc) in Bangkok. OEeir names
were reported as follows: Myo Mm Oo alias Aung Naing Oo, aged 25; Aung Win,
aged 19; Maung Mating Lwin; Win Aung, aged 24; Aung Htun, aged 29;
Aung Naing Oo, aged 21; and Win Them, aged 26. The incident reportedly
followed a demonstration by asylum—seekers in the detention centre, when
immigration police officers and prisoner “trusties” allegedly beat and kicked
the asylum—seekers. The beatings allegedly included the use of batons and
pistol butts. The most serious injuries were allegedly sustained by
Myo Mm Oo, alias Aung Naing Oo, Aung Win and Win Aung, who reportedly
complained of possible bone fractures and other untreated injuries.
223. On 18 June 1991 the Government informed the Special Rapporteur of the
findings of an investigation held into the above—mentioned incident by the
Royal Thai Police Department. It emerged that, in order to break up
disturbances caused by illegal immigrants from Myanmar who were detained at
the Suan Flu Immigration Detention Centre in Bangkok, and to prevent other
illegal immigrants nearby, who did not take part in the disturbances, from
being harmed, immigration officials tried to separate the illegal immigrants
from Myanmar from the others. During this operation the Myaninar immigrants
offered resistance and attacked the officials, who none the less finally
succeeded in breaking up the disturbances. It was affirmed that none of the
said illegal immigrants from Myanmar was beaten by the officers, and that the
immigrants were later able to receive a visit and to be interviewed by a
representative of a United Nations organization.
Togo
Lette x .
224. On 17 April 1991 the Special Rapporteur sent a letter to the Government
of Toga transmitting information to the effect that the Togolese security
E/CN .4/1992/17
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forces resorted to violence to crush trade union and student demonstrations in
various cities of the country during October and November 1990. A mechanic
named Komi FIId&ric Guenou, aged 21, was allegedly said to have been badly
beaten on 26 November 1990 by an unidentified soldier who cut off his right
hand.
Tunisia
Urgent appeals and Government replies
225. On 18 May 1991 the Special Rapporteur sent an urgent appeal to the
Government of Tunisia transmitting information concerning Noureddin Ehiri, a
lawyer who was reportedly arrested without a warrant on 20 February 1991, and
who since then has been kept in police custody. According to the source,
neither his family nor his lawyer was allowed to visit him. In view of the
many reports received that prisoners have been tortured while they were in
police custody, fears were expressed that Mr. Bhiri might be subjected to
torture.
226. On 16 December 1991 the Government informed the Special Rapporteur that
no arrest warrant had been issued for Mr. Nourredine Bhiri and that he was
completely free.
227. On 9 April 1991 the Special Rapporteur sent an urgent appeal to the
Government transmitting information concerning Mohammed Moncef Al Triqi. and
Abdelaziz Al Buzouadi, members of the unauthorized Islamic group Hizb A1—Nahda.
The former was arrested on 17 February 1991 and the latter on 23 February 1991.
After their arrest, both of them were allegedly kept in police custody,
incommunicado, in undisclosed detention centres. Since September 1990
hundreds of Hizb Al—Nahda members or sympathizers have reportedly been
detained and those kept in police custody beyond the legally prescribed
time—limit have allegedly been subjected to torture and ill—treatment during
their detention. In the light of these considerations, fears have been
expressed that both men might be subjected to torture and ill—treatment.
228. On 16 December 1991 the Government informed the Special Rapporteur
that Mr. Triki and Mr. Bouzadi were not being held incommunicado in police
custody. They were held lawfully after their arrest on 27 June 1991
and 27 July 1991 respectively and brought before the military courts
on 1 July 1991 and 6 August 1991. Mr. Triki was arrested for spreading false
information, disturbing the peace and belonging to a secret unauthorized
organization. He was sentenced to one year and three months' imprisonment for
holding an unauthorized meeting. Mr. Bouzadi's case is being examined. Re is
charged with high treason, illegal procurement of secret national defence
information, attempting to undermine the internal security of the State, theft
of official documents and inciting soldiers to join a secret illegal
organization.
229. On 26 April 1991 the Special Rapporteur sent an urgent appeal to the
Government of Tunisia transmitting information concerning Ajmi Lourimi, a
teacher and member of the Executive Committee of the unofficial Islamic Party,
Hizb Al—Nahda. He was arrested on 5 April 1991 and held incommunicado in
police custody, at the Ministry of the Interior in Tunis. According to
one person who had been detained at the same place, and subsequently released,
Mr. Lourimi's state of health was serious after he was tortured. According to
EICN .4/l992 / 17
page 78
this source, persons held at the Ministry of the Interior in Tunis have
complained of torture, beatings, electrical shocks and the method known as the
“roast chicken”.
230. On 16 December 1991, in regard to this case, the Government said that
Mr. Ajmi Lourimi was arrested on 25 April 1991 and brought before the military
court on 4 May 1991; he himself denied the rumours of ill—treatment before
members of the Tunisian League of Human Rights who visited him on 18 July 1991.
231. On 2 November 1991 the Special Rapporteur sent an urgent appeal to the
Government of Tunisia transmitting information alleging that Jamal Barakat was
arrested by the police early in October 1991 and is still being held without
charge. He was arrested in order to make his brother, Faisal Barakat, aged 25,
who was wanted by police, give himself up. According to the information
received, Faisal Barakat was arrested between S and 10 October 1991 and he was
held incommunicado in police custody. Around 17 October 1991, his family was
notified by the Tunisian authorities that he had died as a result of an
accident. Given the many recent reports of torture of prisoners in police
custody, fears had been expressed that Mr. FaOEal Barakat's death could have
been the result of torture. Furthermore, fears had been expressed that
Mr. Jamal Barakat might be tortured.
232. On 16 December 1991 the Government informed the Special Rapporteur in
respect of this case that Mr. Jamal Barakat was not being detained, that he
was not being prosecuted and that he was unknown to the security services.
Regarding Mr. Faisal Barakat, a judicial inquiry was started by the Grombalia
Prosecutor's Office which revealed that he had never been arrested and that he
died after a traffic accident as he was walking along the Grabi road (in the
Menzel Bouzelfa area). He was taken to the Nabeul hospital after the accident
and died as a result of his injuries. An autopsy was carried out by order of
the courts by two doctors from the university hospital of Nabeul and their
report states that the body of the victim showed no trace of degrading or
inhuman treatment.
Letters and Government replies
233. On 14 February 1991 the Special Rapporteur sent a letter to the Tunisian
Government transmitting information concerning the measures which the
Government is reported to have taken since President Zine El—Abidine Ben Ali
took office, in November 1987. Those measures were designed to protect the
rights of detainees and covered, kjt&Lalia, limitation of the period of
police custody and ratification of the United Nations Convention against
Torture and Other Gruel, Inhuman or Degrading Treatment or Punishment.
However, the Special Rapporteur continues to receive reports of many cases of
torture and ill—treatment which have taken place during the last three years
all over the country. Virtually all the cases reported occurred while persons
were being held in police custody and were not allowed access to their lawyers
or their families. Most of the prisoners allegedly subjected to torture or
ill—treatment were members of unofficial political groups such as the
Hizb al—Nahda, or Renaissance Party, the Tunisian Workers' Communist Party
(P COT) or the People's United Party (Pu ?). OEe methods of torture most
frequently mentioned were the following: the “roast chicken” — hanging with
the arms bound behind the knees by ropes and an iron bar and being beaten with
E/cN .4/ 1992/ 17
page 79
an iron bar or a plastic tube (falaga) — blows to the soles of the feet with
studded clubs, cigarette burns, electric shocks to the sensitive parts of the
body, being bludgeoned all over the body, as well as kicked and punched.
234. The following persons are among those reportedly subjected to torture or
ill—treatment over the last three years:
(a) Sayyed Ben Burawi Ferjani, Lutfi Zaitoun, Mohsin Habouria and
Taoufik Mejri; all four belonged to a group of some 150 former army or police
officers arrested in November 1987;
(b) Salih Abderral,mane El—Abidi, arrested in January 1988 and again
on 14 February 1990. A medical certificate written on the same day is said to
have confirmed that there were injuries on various parts of his body;
(c) Jamal Abdel Nasir E1—Sayari, arrested on 14 October 1988. A medical
certificate issued on 27 October 1988 is said to have confirmed his
allegations of torture;
(d) Abdel Kadir Ben Omer Bouazizi, arrested on 18 October 1988;
(e) Moncef Matalla, Moulidi Abassi, Mohamed Al—Tahir Hamouda,
Mabrouk Abdeljaouad and Noureddine Brahimi, all members of the al—Nahda Party,
were detained in June 1989. Medical certificates issued on 24 June 1989,
reportedly confirmed their allegations of torture;
(f) Imed Ben Ahmed Amdouni, arrested on 18 July 1989. He was reportedly
admitted to the hospital on the same day after being beaten up. A medical
certificate dated on 17 August allegedly confirmed his allegations;
(g) Ibrahim Rejichi, arrested on 19 August 1989 at Monastir. fre was
allegedly beaten up by police officers. A medical certificate established
on 30 August 1989 is alleged to have confirmed that he was suffering from
insomnia and anguish;
(h) Fathi Ali Hachad, arrested on 6 september 1989. He was allegedly
subjected to various forms of torture, including sexual harassment;
(1) Murtada Labidi, accused of being a member of the PUOT, arrested
on 16 September 1989. During his trial, the court reportedly recognized that
the police had extracted confessions under torture both from him and from the
other persons being tried with him, but apparently the allegations of torture
were not investigated by the authorities;
(j) Mohammed Mezzi, arrested on 26 December 1989;
(k) Raouf Gritli, Tarek Sallami and Nizar Ouni, arrested in Tunis after
a demonstration in favour of the a l—Nahda Party, on an unspecified date.
Medical certificates issued on 18 March 1990 reportedly confirmed their
allegations of torture;
E/CN.4/1992/ 17
page 80
(1) Hedi Ben Allala Bejami, arrested on 9 April 1990 in 11am. He was
said to have been subjected, inter alia , to sexual assault and electric shocks
and excrement was forced into his mouth. A medical certificate reportedly
confirmed his allegations of torture;
(m) Raouf Mthlouti, aged 11, arrested in June 1990 on charges of theft.
He was reportedly beaten in the Ariana police station and a medical examination
confirmed his allegations;
(n) Monji Jouini, arrested on 19 December 1990. According to other
prisoners released subsequently, he was beaten up and tortured and as a result
was suffering from multiple injuries and his toes were broken.
235. On 30 May 1991 the Government sent the Special Rapporteur several
documents on the subject of the promotion of human rights and fundamental
freedoms in Tunisia. One document from the Ministry of the Interior concerned
a ban on torture; one document from the Ministry of Education and Scientific
Research was on a number of subjects introduced into the school curricula.
The documents also included the text of a decree of 7 January 1991 concerning
the Higher Committee for Human Rights and Fundamental Freedoms, as well as the
text of Act No. 70 of 26 November 1987 concerning the amendment to certain
articles of the Code of Criminal Procedure. Nevertheless, no information was
provided on the specific cases mentioned in the letter by the Special
Rapporteur.
236. On 6 August 1991 the Special Rapporteur sent a letter to the Government
of Tunisia transmitting information alleging further cases of torture and
ill—treatment that had been brought to his attention. Some cases of death
from torture in detention were also communicated. They involved prisoners who
were members of the illegal Islamic organization, Hizb al—Nahda. People were
reportedly tortured, in particular while they were in police custody, and they
were denied any communication with their lawyers or their families. The
following persons are among those who were reportedly subjected to torture or
ill—treatment during the period April to June 1991:
(a) Abdetaziz Ben Hamuda Mahuashi: He was arrested on 21 April 1991 and
his family was only informed on 30 April 1991, when they were told of his
death. According to the Ministry of Defence, he suffered a heart attack, but
according to the sources from the Habib Thameur military hospital to which he
was taken, he was already dead on arrival. No death certificate, autopsy
report or medical document was supplied to the family stating the cause of his
death;
(b) Abdel Raouf Laaribi: He was arrested on 3 May 1991 and was kept
in police custody in the Ministry of the Interior, until he died on 26 or
27 May 1991. His family was not allowed to visit him white he was in
custody. According to the Tunisian authorities, he died as the result of a
heart attack but the family received no medical certificate. The family was
asked to bury his body immediately, thus avoiding any autopsy that would have
determined the cause of death. According to the source, Mr. Laaribi was
tortured while he was in custody and died under torture.
E /eN .4 / 1992/17
page 81
237. On 16 December 1991 the Government informed the Special Rapporteur, with
respect to Mr. Abderraouf Laaribi that he had not been arrested or placed in
police custody. A judicial inquiry has been initiated to determine the cause
of his death.
238. On 18 October 1991 the Special Rapporteur sent a letter to the Government
of Tunisia transmitting information received concerning Al—Ajami al—Wureimi,
Sadiq Shouru, Abdul Majid al—Zar and A u Sneitir, members of the al—Nahda
Islamic movement, who were allegedly arrested by officers of the security
forces and subjected to torture. Al—Ajami al—Wureimi, who was a member of the
movement's executive was reportedly suffering from mental illness as a result
of torture.
239. The case of another member of the same movement, Mr. Fathi Khiari, who
died in detention, was also brought to the attention of the Government.
Mr. Kbiari, aged 33 and a public official in the Post Office Department, was
arrested on 16 July 1991 by policemen, who did not produce an arrest warrant.
Neither the family nor his lawyer was able to obtain any information
concerning his legal situation or his whereabouts and, on 5 August 1991, they
were informed of his death. Worse still, they were not allowed to examine the
body and no medical certificate or autopsy report was issued to them. In the
circumstances, and considering the widespread allegations of ill—treatment
during police custody, fears were expressed that Mr. Khiari might have died as
a result of torture.
240. On 16 December 1991 the Government said that the cases concerning
Mr. Sadok Chourou, Mr. Ali Sneitir and Mr. Abdelmajid El—Zar were being
examined. They were arrested on 29 June 1991, 18 June 1991, and 10 July 1991
respectively and brought before the military court on 8 July 1991,
28 June 1991 and 17 July 1991. Mr. Sadok Chourou was accused of high treason,
acting against the internal security of the State, stealing official documents
and inciting soldiers to join an illegal organization. In the case of
Mr. F. Khiari, the information available established that he was in fact
dead. A judicial inquiry was initiated to determine the cause of his death.
241. In its above—mentioned letter of 16 December 1991 the Government of
Tunisia informed the Special Rapporteur that measures had been adopted and
implemented with a view to:
(a) Placing a limit on police custody and pre—trial detention. Since
Act No. 87—70 of 26 November 1991 was passed the period of police custody has
been restricted to four days, which may be extended for an equal period after
written authorization from the Government Prosecutor and for two more days if
absolutely necessary (Code of Criminal Procedure, art. 12). In addition,
officers of the judicial police must, at stations where persons are held in
police custody keep a special register with suitable space to enter the
identities of the persons being held and must indicate the day and the time
when the period of custody begins and ends. Similarly, the person being held
in police custody or one of his ascendants, descendants, brothers, sisters or
spouse may request a medical examination at the end of the period of police
custody. Mention shall be made of this request in the report which must be
signed by the person who was held in custody. Pre—trial detention, which is
ordered by the examining magistrate, is restricted to six months, although the
magistrate must respond within four days to any request for release on bail;
El CN. 4/1992 / 17
page 82
(b) Preventing any kind of inhuman or degrading treatment. Articles 101
and 105 of the Criminal Code stipulate a penalty of five years' imprisonment
and a fine for any public official or comparable category of official who, in
the exercise of his duties, makes use of or orders the use of violence against
any persons (defendant, witness or expert) in order to obtain a confession or
statement. The Government of Tunisia ensures in particular that these
provisions are respected and, if it receives a complaint or an allegation that
these legal provisions have been violated, it promptly conducts an inquiry and
imposes the necessary penalties.
242. The Government also informed the Special Rapporteur that a commission of
inquiry into the allegations of violations of human rights had been
established. Its findings have confirmed that no one is being held
incommunicado in Tunisia. it has also found some excesses, caused by the
wrongdoing of individuals, which is contrary to government policy and has
reported that judicial inquiries have been started and disciplinary measures
taken against the perpetrators. Furthermore, a delegation of the Tunisian
League for Human Rights visited those prisoners about whom it had received
allegations of ill—treatment and found that the rumours were groundless.
Turkey
Urgent appeals and Government replies
243. During 1991 the Special Rapporteur sent the Government of Turkey a total
of 14 urgent appeals on behalf of persons who had reportedly been arrested and
with regard to whom fears were expressed that they might be subjected to
torture whilst in detention. The names of these persons, together with the
corresponding replies provided by the Government, are mentioned below. The
dates on which the urgent appeals were sent are indicated in brackets after
the names.
(a) Mehmet Sen, Abdulkadir Erdem, Yahya Deniz, Ali Atsay, Murat Atsay,
Neymetullah Simsek, Cahit Aktay, Haindullah Aktay, Hamit Alay, Mebmet Alay,
Eyp Demir, Sinan Ayebe, Ali Atay, Fethi Yukler, Orhan Drug, Mizgin Onen,
Demiran Onen and Osman Karakas (all from the town of Derik, near Mardin) and
Mahmut Aktas, Mehmet Salih Aplu, Mehmet Salih Dar and Berzam Aplu (from the
village of Darbest, near Diyarbakir) (17 January 1991).
(i) All these persons were reportedly arrested at the beginning of
1991. The arrests reportedly followed the death in custody, in
November 1990, of another resident of Derik, Yakup Aktas, who
had previously been detained and taken to Mardin Gendarmerie
Headquarters. A post—mortem held on 25 December 1990 reportedly
confirmed extensive bruising of the head and shoulders with cuts and
abrasions. The older and younger brothers of Yakup Aktas, whose
first names were not given, were also detained in January 1991 in
Derik.
(ii) With respect to these cases the Government replied on
8 February 1991 that the circumstances of the death of Yakup Aktas
were under investigation and that no brother of Yakup Aktas had been
E/CN.4/l992/l7
page 83
detained. Regarding the persons from Derbest village, it was affirmed
that no such village existed and that none of the names mentioned in the
Special Rapporteur's message as being residents of that village appeared
in the records of the relevant authorities regarding persons taken into
custody. All the other persons mentioned in the message had either never
been detained or taken into custody, or had been released.
(b) Ibrahim Bingol, Cavidan Kocaacar, Metin Gunaydin and Mebmet Tuzcu
(6 March 1991).
(i) These persons were reportedly detained in Ankara on or around
17 February 1991 and taken to the Political Branch of Ankara Police
Headquarters. It was further reported that on 16 January 1991 a
medical student, named Birtan Altunbas, died in hospital after being
detained incommunicado for six days at the aforementioned Political
Branch of Ankara Police Headquarters and that according to fellow
detainees Mr. Altunbas had been severely tortured while in detention.
(ii) On 26 June 1991 the Government informed the Special Rapporteur about
the charges against the above—mentioned persons and the state of the
legal proceedings concerning them. As regards the torture
allegations concerning Mr. Ibrahim Bingol and Mr. Habibe Cavidan
Kocaacar the Government indicated that an investigation was being
carried out. In the case of Mr. Birtan Altunbas the Government
stated that he had gone on hunger strike and had died in hospital as
a consequence of heart insufficiency caused by saturation of his
lungs with liquid as a result of lack of nutrition.
Cc) Ahmad Seyid Ahmad, Daryus Lorestani, Manije Mahacar Sa liyani,
Nader Hodapanani, Abbas Rustami Gomi, Hamid Hamidyan, Mahdi Javadi Nojad,
Seyid Monnirirad, Bijan Barzinmer and Samad Masadban (18 March 1991).
(1) All of them were said to be Iranian political refugees who were
detained around 2 March 1991 by the Political Branch of the police
and taken to the Ankara Police Headquarters.
(ii) On 15 April 1991 the Government informed the Special Rapporteur that
these persons had been taken into custody on charges of establishing
a criminal organization. They were interrogated at the Office of
the Public Prosecutor of the Ankara State Security Court and most of
them were released on 14 March 1991. The Public Prosecutor opened a
public law suit against four persons (Messrs. Ahmadi, Galamin,
Berzininer and Kardestami). It was affirmed that none of the persons
mentioned in the message had been subjected to ill—treatment.
Copies of the medical reports issued by the Forensic Department
(drafted in Turkish) were enclosed.
(d) Dr. Cemal Kahraman, President of the Human Rights Association (HItA),
Nusaybin Branch; Mecit Akgun, (journalist and HRA member); Suleyman Balan,
(RItA member); Mehmet Baycal, (RRA member); Abdulhamit Aslan, (RitA member);
Muhittin Anter, (member of HRA and the Nusaybin Municipal Council);
Sukru Ekmen, (member of Mardin Municipal); Aydin Dogan and Mehmet Orhan
(27 March 1991).
E / CM. 4/1992 / 1 7
page 84
(1) The above—named persons were detained on 17 March 1991, following an
incident the previous day in which five members of the Kurdish
Workers Party were shot in a clash near the town of Omerli and
summarily buried. They were reportedly taken to the gendarmerie
regimental headquarters in Mardin where emergency legislation was
in force.
(ii) On 3 June 1991 the Government informed the Special Rapporteur that
after due interrogation and investigation, Mecit Akgun and Suleyman
Balan had been arrested, and the others released. An investigation
had established that they had not been subjected to any kind of
unlawful treatment while in custody and these findings had been
confirmed by medical reports. Furthermore, none of the persons in
question had requested to see a lawyer during the custody period.
(e) Zeynep Aldogan (5 April 1991).
(i) The above—named female student was reportedly detained in Ankara
on 20 March 1991 during a student demonstration and taken to the
Political Branch of Ankara Police Headquarters. It was further
reported that she had been previously detained in July 1988 and
subjected to ill—treatment. A report by a forensic medical
institute, dated 11 August 1988, reportedly supported her
allegations.
(ii) On 27 May 1991 the Government replied that she had been taken into
custody because of participation in an illegal separatist propaganda
meeting and released on 29 March 1991. She requested to see neither
her relatives nor her lawyer while in custody. Medical reports
certified that she had not been subjected to any kind of unlawful
treatment.
(f) Denim Sezen, Murat Ozturk and Ulker Karayel (13 May 1991),
students, were detained on 1 May 1991 in Istanbul, in connection with Labour
Day activities. The first two were reportedly taken to the Political Branch
of Istanbul Police Headquarters, whereas Ulker Karayel was taken into custody
in Kadikoy district of Istanbul.
(g) Omer Ozer, Resit Altin, Faik Yilmaz, Mehmet Silik, Celal Cicek,
Ibrahim Guclu, Abmet Ozhan, Bedri Erdem, Ismail Esmeray, Nezim Ozkan, Nuriye
Erdem, aged 12, Sedika Bestas, aged 13, Ismail Olcay Aran, Fidan Yabaneri,
(23 May 1991).
(I) As regards the first 10 persons mentioned above, villagers of
Payamli near Siirt, it was alleged that in April and May 1991 they
had been made to spend the hours of darkness in a trench situated to
the east of the village gendarmerie station and that they were being
used as a human shield against possible attack by guerillas of the
Kurdish Workers Party (PICK). Nuriye Erdem and Sedika Bestas, from
the same village of Payainli, had been held by the Siirt gendarmerie
since 30 April 1991. Ismail Olcay Aran and Fidan Yabaneri, students
at Diyarbakir University, were detained on 1 May 1991; following a
E / CN .4/1992 / 17
page 85
court hearing, they were not released and local authorities denied
that they were being detained. It was believed that they had been
taken back into police custody for further investigation.
(ii) By letter dated 1 october 1991 the Government replied with regard to
Ismail Olcay and Fidan Yabaneri that these persons had been arrested
and placed in custody for taking part in an illegal street
demonstration at Diyarbakir on 1 May 1991 and resisting the police.
They had been released on 7 May 1991 by the appropriate prosecutor's
office at Diyabakir. The allegation that they had been taken back
into custody after the hearing was thus unfounded. As regards
Omer Ozer, Resit Altan, Faik Yilmaz, Mehmet Silik, Celal Ci ek,
Ibrahim G112lU, Ahmet Ozhan, Bedri Erdem, Ismail Esmeray and
Nazin Ozkhan, the Government said that the allegations that these
persons had been ill—treated and used as a human shield against a
possible attack by terrorists was completely without foundation.
Finally, as far as Siddika Bestas and Nuriye Erdem were concerned,
the Government stated that their dates of birth were 1973 and 1975
respectively. Having taken part in the activities of the terrorist
group for a time, they had been apprehended when they returned to
their village. After questioning they had been brought before the
court, which had decided that they should be placed under arrest.
The medical reports on them certified that they had not been
ill—treated.
(h) Barbara Anna Kistler (4 June 1991), a Swiss citizen reportedly
detained in Istanbul on 20 May 1991 and taken to the First Political Branch of
Istanbul Police Headquarters. On 27 June 1991 the Government informed the
Special Rapporteur of the circumstances under which the above—mentioned person
was detained. It was affirmed, inter alia , that during the period of
detention, Barbara Anna Kistler had been visited by the Swiss Consul General
and by her lawyer. At the end of the detention period, she had been examined
by experts of the Istanbul Forensic Medical Department who certified that she
had not been subjected to any kind of mistreatment. In addition, a copy was
enclosed of a Swiss newspaper article of 31 May 1991 asserting that
Miss lUstier had told the Swiss Vice—Consul, who came to visit her in prison,
that she had not been ill—treated since her arrest, 10 days earlier.
(i) Cavidan Kocaacar, Murat Demir, Bedii Yarayici, Deniz Teztel,
Tulay Avci, Fatma Ocalan, Hatice Suna, Ummet Suna, Necmi Suna and Lutfi Topal
(26 June 1991).
(i) All of the above—mentioned persons, as well as several others whose
names were not given, were reportedly detained in police operations
in Ankara and Istanbul following the assassination in Ankara of
General Ismail Selon on 23 May 1991, and taken to the Ankara Police
Headquarters. Murat Demir, a lawyer, member of the Halkin Hukuk
Burosu legal practice, and Cavidan Kocaacar, former President of the
Solidarity Association of Prisoners ‘ Relatives (TAYAD) (regarding
whom the Special Rapporteur sent an urgent appeal on 6 March 1991
and received a reply dated 26 June 1991 (see para. 243 (b) above),
were detained on 13 June 1991 during a police raid of the practice.
E/CN.4/1992/17
page 86
It was reported that both were among several detainees who were
presented by the authorities to the press on 19 June as alleged
members of the Dev Sol illegal organization and as suspected of
involvement in the organization's armed activities. Deniz Teztel,
a journalist who had followed all the trials in the Istanbul
Military Court since the military coup of 1980, was detained in
Istanbul on 14 June 1991. It was further reported that applications
by lawyers to see the three above—mentioned detainees were refused
by the Public Prosecutor.
(ii) By letter dated 1 October 1991 the Government informed the
Special Rapporteur that Ms. Ummet Suna, Hatice Suns (Sahin),
Fatma Ocalan and TUlay Avci had been taken into custody on
4 June 1991, Necmi Suna on 7 June 1991, LUftii Topal on 10 June 1991,
Bedli Yarayici on 12 June 1991, Murat Demir and Habibe Cavidan
Kocaacar on 13 June 1991 and Deniz Teztel on 15 June 1991.
Fatma Ocalan and TUlay Avci had been released on 11 June 1991.
LUftU Topal, Ummet Suna, Hatice Suna (Sahin), Murat Demir,
Bedii Yarayici, Deniz Teztel and Habibe Cavidan Kocaacar had been
brought before the Ankara State Security Court. The charges against
them were as follows:
LUftU Topal: supplying explosives and ammunition to the illegal
organization “Devrimci sol”, of which he was a member; providing the
leader of the organization with one of the pistols used in the
murder of General Temel Cing6z; gathering information in preparation
for the murder of General Ismail Selen;
Unimet Suna: acting as intermediary in getting Adnan Temiz, one of
the people responsible for killing General Cingbz, to join the
illegal organization “Devrimci sol”, helping Adnan Temiz to prepare
one of the pistols used to kill General Cingaz;
Necmi Suna: providing one of the pistols used to kill
General Cingdz;
Murat Demir, Bedii Yarayici, Deniz Teztel, Habibe Cavidan Kocaacar:
acting as couriers for the illegal organization “Devrimci sol” and
being members of it;
Hatice Suna (Sahin): being a member of the illegal organization
“Devrimci sal”.
The Government added that, on 28 June 1991, the Court had decided to
release Habibe Cavidan Kocaacar for lack of evidence and to place
the others in custody. It was established that the persons in
question had not been ill—treated while in police custody. The
Ankara prosecutor's office transmitted the file concerning the
allegation that Habibe Cavidan Kocaacar had been tortured to the
Ankara prefecture. OEe prosecutor's office is pursuing its
inquiries into the allegations that Bedii Yarayici, TUlay Avci,
fratice Suna, Nemci Suna, Murat Demir, Deniz Teztel, Fatma Ocalan,
Ummet Suna and LiiftU Topal were tortured.
E ICN.4/1992 / 17
page 87
(j) Selahattin Cengiz (aged 13), Haul Bardu and Sukru Ku (5 July 1991)
(1) The above—mentioned persons were reportedly detained on 23 June 1991
by the gendarmerie in the village of Erkent, near Pervari, and taken
to Doganca gendarmerie station. They were later transferred to the
gendarmerie headquarters in Pervari.
(ii) On 1 october 1991, the Government informed the Special Rapporteur
that these persons had been placed in custody on 26 June 1991 for
helping the terrorist organization and harbouring its members. They
were brought before the Siirt prosecutor's office, which decided to
release them on 1 July 1991. They did not ask to communicate with a
lawyer during their period in custody. The medical reports certify
that they were not ill—treated during that period. Selahattin's
identity card shows that he was born in 1972.
(k) Sevgi Erdogan, Cavidan Kocaacar, Fatma Patlar, Aliye Kasicir,
Fatma Gulten Sesen and Nilufer Alcan (23 July 1991). All six women were
reportedly arrested on 14 July 1991, during a police operation and the
subsequent closure of the offices of Ozgur—Der (Association of Rights and
Freedoms) in Istanbul, and taken to the Istanbul police headquarters.
Cavidan Kocaacar had been previously detained in February 1991 for 24 days and
on 13 June 1991 for 15 days. (She was among several persons mentioned in
urgent appeals dated 6 March and 26 June 1991).
(1) Tevfik Ozer (23 August 1991)
(i) A member of the Human Rights Association and Chairman of the
People's Labour Party in Siirt, Mr. Ozer was detained by police in
that town on 14 August 1991. He was allegedly severely beaten by
police before being driven to the political branch of Siirt police
headquarters. It was further reported that the beating was
witnessed by several bystanders, who added that the police also
threatened to kill him.
(ii) On 14 November 1991 the Government informed the Special Rapporteur
that Mr. Tevfik Ozer had been taken into custody on the orders of
the Siirt province police and sent to prison by decision of the
police court in the same province. After the investigation
conducted by the prosecutor's office of the Diyarbakir State
Security Court, proceedings were initiated against him on
4 September 1991 and are at present under way. According to the
report drawn up after a medical examination carried out by the
health service when he was brought before the Siirt prosecutor's
office, Mr. Ozer bore no traces of beating or use of force.
(m) Mustafa Dalgic, Mehmet Oral, official of the People's Labour Party
(HEP); Fatos Yener, Executive of the HEP Iskenderun Branch; Erdogan Yener;
Faruk Soylemez, Executive of the HEP Iskenderun Branch; Huseyin Gokalp,
President of the Socialist Party (SP) Iskendrun Branch; Elif Reyhan;
Nevruz Aydar; Teyibet Aydar (17 September 1991).
E / CN . 4/1992/17
page 88
(i) These 9 persons were reportedly among some 40 mourners detained on
2 September 1991 when they attended the funeral of a militant of the
Kurdish Workers' Party, and taken to police headquarters in
Iskenderun, Siirt Province, Southern Turkey.
(ii) By a letter dated 11 November 1991 the Government informed the
Special Rapporteur that the ceremony had turned into an illegal
demonstration, during which 37 persons had been arrested.
Mehmet Oral, Farak Soylemez and Elif Reyhan, among others, were
taken into custody and brought before the Malatya State Security
Court. Mustafa DalgiQ was not taken into custody. According to the
report drawn up by the health service clinic at Malatya, no evidence
of beating was found during medical examinations of the persons
taken into custody.
(n) frUseyin Toraoean (5 November 1991), detained in Istanbul on
27 October 1991, and said to be held in incommunicado detention at Istanbul
police headquarters. The source further reported that HUseyin Toraman's
father, Mr. Ali Reza Toraman, had been detained by the police some six months
previously, and that he had been tortured until he agreed to take the police
to his son's address. Police officers were said to have kept HUseyin Toraman's
home under constant surveillance while he was in hiding.
244. On 14 December 1990 the Government of Turkey sent a letter to the Special
Rapporteur in reply to his urgent appeal dated 28 November 1990 (see
E/CN.4/1991/l7, para. 186) regarding several persons detained in Istanbul in
November 1990. The Special Rapporteur was informed that several of the
persons mentioned in his message had had a public law suit initiated against
them on charges of membership of an armed illegal organization and violation
of the law on assembly and meetings. The attorney of two of these persons has
lodged a formal complaint, claiming that he had been denied access to his
clients despite the permission issued by the prosecutor. Due legal action had
been initiated against the officials concerned on the basis of the said
complaint. Several persons were released. As regards the alleged torture to
which these persons had been subjected during their detention the following
was stated:
“The Public Prosecutor of Istanbul has launched an investigation
into allegations of mistreatment concerning Imaoe Fidan, Na an Celilcer,
Mustafa Eser, Ibrahim Sahin, Iman DbgUs, Mi Dbgiis, Nurten Demir,
Ali TasbzU, Mithat Zafer, Nihat Ozcan, Zeynep Polat and SengUl Mert.
The medical report issued on 29 November 1990 by the Istanbul Forensic
Department with regard to the above—named persons is being duly
considered in the course of this investigation, which has not been
completed yet.”
245. The Special Rapporteur also sent an urgent appeal to the Government of
Turkey on behalf of Mr. Yavuz Binbay, following Commission on Human Rights
resolution 1991170 (see para. 23 above).
E / CN.4/1992/17
page 89
Letters and Government replies
2146. On 17 April 1991 the Special Rapporteur sent a letter to the Government
of Turkey transmitting information received according to which persons
released after being detained in the south—eastern provinces of the country on
suspicion of activity f or separatist organizations had alleged that, while in
detention, they were subjected to severe torture. Similar allegations were
made in other regions by persons released after being held on suspicion of
activity on behalf of illegal left—wing newspapers or organizations. Methods
of torture included beating, suspension, application of electric shocks,
squeezing of testicles, being subjected to pressurized water, being forced to
drink salt water and deprivation of food and water. The cases of the
following persons were reported:
(a) Osman Aytar, Ismail Aydin, Hayrettin Bozkurt, Mehmet Sirin Ay,
Isa Bozkurt, Abdurrahman Yavas, Salih Yalcin and franifi Turan, detained in
June and July 1990 in Diyarbakir and Silvan;
(b) Mensure Avsar and Songul Avsar, two women who were detained
between 21 and 22 September 1990, with some 30 other people during an
operation by the security forces in and around Bismil;
(c) Fatma Tokay, a member of Tayad (Prisoners' Relatives Solidarity
Association) and Yasar Selcuic, a student at Gazi University, Ankara. Both
were among a group of 13 persons detained on 24 January 1991 during a police
operation at the premises of Tavir magazine in Ankara.
247. It was further alleged that several minors had been detained and
subjected to torture after being accused of membership of, or activity for
P 1(1<. The following names were given: Mesut Ozal, aged 13; Rahim Eye,
aged 15; Lokman Ozal, Muataf a Bulak, Ilhan Tizun and Abdurrahman Tas, all.
aged 16; Recep Orhan and Hasan Dayan both aged 17.
248. In addition, it was reported that several detainees had died in detention
or immediately upon release, allegedly as a result of torture. The following
names and details were given:
(a) Idris Can, arrested on 16 December 1990 and taken to the
Anadoluhisari Police Station in Istanbul. On 20 December he was taken to a
prison where he died soon after arrival;
(b) Tevfik Timur, arrested on 5 January 1991 and accused of having links
with PICK. His body was handed over to his relatives on 14 January 1991;
(c) Birtan Altunbas, arrested on 9 January 1991 in Ankara. His body
was handed over to his relatives on 16 January 1991. (His case was also
mentioned in an urgent appeal dated 6 March 1991 and the Government reply
dated 26 June 1991 (see para. 243 (b) above));
(d) Haydar Basbugur, arrested for stealing cigarettes and taken to
Anafartalar police station in Ankara. Two days after his arrest his body was
handed over to his family. Police told the family he had committed suicide;
E /eN * 4/1992 / 17
page 90
(e) Kasim Aras, arrested in December 1990 and released in early
February 1991. He died three days after his release. According to a medical
examination his death was caused by a brain haemorrhage which had begun
one month earlier, while he was in detention;
(f) Ceyhan Sari had to be hospitalized for spine fractures allegedly
caused by torture while in detention. No other details were given.
249. On 20 June and 1 October 1991 the Government provided the Special
Rapporteur with information regarding the charges against some of the
above—mentioned persons. The following details were given:
(a) Ismail Aydin, Mehmet Sirin Ay, Isa Bozkurt, Abdurrahman Yaras,
Hanefi Turin, Songlil Aver, Fatan Tokey and Yasar Se1 uk: medical reports
certified that none of these persons were mistreated while in detention;
(b) Salih Yal9in and Mensure Avsar: no persons bearing these names had
ever been taken into custody;
(c) Mesut Ozal, Rahim Eye, Lokman Ozal, Mustafa Bulak, Ilhan Uzun,
Abdurrahman Tas, Recep Orhan and Hasan Dayan; the name Rahim Eye did not exist
in any of the relevant records. None of the persons in question were under
15 years of age. Furthermore, none of them had been subjected to any kind of
unlawful treatment. No public lawsuit was ever initiated against Mesut Ozal
and Lokman Ozal. Cases concerning Mustafa Burak, Abdulvahip Ege, Hasan Dayan,
Recep Orhan, Ilhan UzUm and Abdurrahim Tas were dismissed;
(d) M. Tevfik Timurtas: on 4 January 1991 he was detained because of
cooperation with an illegal gang of terrorists. On 14 January 1991, he
complained of shortness of breath. Thereafter, he was taken to the hospital
where he passed away as a result of the cessation of heartbeat. The autopsy
revealed structural deficiencies in his lungs. The Forensic Department has
undertaken a more extensive medical investigation, and the Public Prosecutor
of Sirnak is formally looking into the matter;
(e) Birtan Altubas: the case was under investigation;
(f) Ihsan Basbug: the public lawsuit initiated against the two
policemen concerned had not yet been completed.
(g) Kasim Aras: he died one week after his release. As a result of the
complaint lodged by the brother of Mr. Aras one day before his death, the
Public Prosecutor had started an investigation into allegations of torture.
The Forensic Department had initiated a medical investigation to determine the
cause of death;
(h) Ceyhan Sari: no reference to this case could be found in the
records. More precise information was needed in order to be able to continue
the investigation;
El CN .4/1992/17
page 91
(i) Osman Aytar and Hayrettin Bozkurt: the competent court at
Diyarbakir decided on 31 May 1990 to acquit them. When they complained of
ill—treatment, the Diyarbakir Prosecutor's Office ordered a preliminary
investigation to be opened against the officials concerned. The complainants
are being sought so that their statements can be taken;
(j) Idris Can: the investigation against the police officers concerned
having been concluded, the file has been sent to the Istanbul Prosecutor's
Office.
250. By a letter dated 18 October 1991 the Special Rapporteur transmitted to
the Government of Turkey information according to which torture continued to
be a routine part of police interrogation in Turkey. Law enforcement officers
had been given added protection against prosecution on charges of torture by
the new Anti—Terror Law, enacted in April 1991, which stated in particular
that no cases concerning security officers' participation in incidents of
torture could be brought to court or have investigations launched without the
approval of disciplinary commissions. The forms of torture used included:
beatings; being stripped naked; electric shocks; falalca (beating on the soles
of the feet); squeezing of genitals; attempted rape; rape; truncheon forced
into vagina or anus; sleep deprivation; denial of food and/or water; being
dragged along the ground; being placed in a tyre and beaten; sleeping on a wet
floor; being forced to listen to others' torture; having someone spit into
one's mouth; denial of permission to use a toilet; hair pulling or burning;
insults and threats. The following cases were transmitted in particular:
(a) Izzet ClimUs ii and Tamer Tanrikulu, arrested on 18 February 1991.
While in police custody and before being transferred to the Diyarbakir E—Type
prison, they were allegedly subjected to severe torture, as a result of which
they had blood in their urine;
(b) Saycan Yalvin, Nehmet Glivel, Muhittin Civelek, Ayse Sultan Yazici
and Sedat Erbzsoy were detained on 4 January 1991 under the accusation of
membership of the illegal organization Devrimci Sol (Revolutionary Left).
While in police custody they were allegedly subjected to severe torture
including beatings, being sprayed with pressurized cold water, beating on the
soles of the feet, hanging by the wrists and electric shocks applied to the
fingers and genitals;
(c) Sedat Esmer, a lycee pupil, was reportedly arrested at the end of
April 1991 and taken to the headquarters of the anti—riot police in
Diyarbakir. During his detention he was subjected to electric shocks, being
sprayed with cold water under pressure, hanging by the wrists and twisting of
the testicles;
(d) Cengiz Gezili, aged 18, was reportedly arrested in July 1991 at the
village of Akbudak in Gaziantep, on the accusation of membership of PKK.
During 10 days he was allegedly subjected to torture, including electric
shocks;
EICN .4 / 1992 / 17
page 92
(e) HUsne Kizilkaya, aged 12, Meryem Oral, aged 13, and Milneuver Oral,
from the village of Pinarder, Savur, Mardin province, were reportedly tortured
and sexually abused at the Savur gendarmerie headquarters, where they had been
taken, on the accusation of membership of PKK;
(f) Islam Aysoy, Ismet Aysoy and Ilham Aysoy were reportedly arrested on
11 May 1991, following an attack carried out by the PICK in Giiroymak, Blitis.
At the Gliroymak gendarmerie they were allegedly subjected to torture and
forced to eat dog's faeces.
251. The Special Rapporteur also transmitted to the Government further
information received concerning the cases of Dr. Cemal Kahraman, Mecit Akgiin,
Silleyman Balan, Mebmet Mysal, AbdUihamit Asian, Muhittin Anter, SUkrU Ekmen,
Aydin Dogan, Mehmet Orhan (regarding whom a telegram, dated 27 March 1991, was
addressed by the Special Rapporteur to the Minister of Foreign Affairs, and
the Government provided a reply, dated 3 June 1991) and Mehmet Yagiz.
According to that subsequent information, when the detainees were brought
before the Mardin Chief Prosecutor on 12 April 1991, five of them
(Dr. Cemal Kahraman, Mecit Akgfrn, Slileyman Balan, Mehmet Baysal and
Mehmet Yagiz) made a formal complaint that they had been severely tortured
while in custody. The methods included being suspended by the wrists,
electric shocks and beating. It was also reported that although they bore
clear marks of torture, their injuries were not documented during the medical
examination.
252. Further information was also transmitted concerning the case of
Barbara Anna Kistler (regarding whom a telegram, dated 4 June 1991, was
addressed by the Special Rapporteur to the Minister for Foreign Affairs, and
the Government provided a reply, dated 27 June 1991) and the account she gave
to her lawyer. According to that subsequent information, Ms. Kistler was
taken blindfolded to the Political Branch of Istanbul Police Headquarters
after she was first detained. She was continuously interrogated and tortured
for 40 hours. Torture included being undressed and suspended from a beam;
having electric shocks applied to her abdomen, breasts and neck; being sprayed
with cold water between the electric shocks; and being forced to sit on a
chair and subjected to heavy blows on the back of the head. After a short
time the torture was resumed. She said that her wounds were later treated
with a special liquid to make them heal faster. She did not receive a medical
certificate from the State Forensic Medicine Institute but the lawyers who
visited her in police custody noticed marks on her wrists and face.
253. Concerning the case of Sait Seyit Ahmad (regarding whom a telegram
dated 18 March 1991, was addressed by the Special Rapporteur to the Minister
for Foreign Affairs, and the Government provided a reply, dated
15 April 1991), further information was received according to which he was
severely beaten when he was taken into custody. On arrival at the Political
Branch of Police Headquarters, he was allegedly beaten unconscious, and
recovered to find himself naked and being sprayed with cold water at high
pressure.
254. On 18 November 1991 the Government provided the following information on
some of the cases transmitted by the Special Rapportuer on 18 October 1991:
E/CN.4/ 1992/17
page 93
(a) Izzet GUmiiscU and Tamer Tanrikulu were arrested for the of fences of
engaging in propaganda and extorting money from the people for the illegal
organization PICK. They were brought before the Diyarbakir State Security
Court. Tamer Tanrikulu was released after the initial investigation.
According to the medical reports, these persons had not been ill—treated;
(b) Sedat Esmer was taken into custody for the offence of engaging in
propaganda for the illegal organization PICK. He was tried by the Diyarbakir
State Security Court and acquitted on 12 June 1991. According to the medical
report for the period he spent in custody, no trace of beatings or use of
force was found on Sadat Esmer's body;
(c) H'dsne Kizilkaya, Meryem Oral and MUnevver Oral were taken into
custody on 9 May 1991 for trying to join the PICK forces in the mountains.
After their statements had been taken, they were released on 20 May 1991. The
investigation by the Diyarbakir State Security Court is at present under way.
The medical reports certify that no evidence of beating or use of force was
found on the bodies of these persons;
(d) Ismail Aksoy, Ismet Aksoy and l i l ian Aksoy: on the allegations that
these three persons were ill—treated and that attempts were made to make them
eat dog's faeces when they were in custody at Bitlis, the competent court
declared itself not competent in the matter on 31 May 1991 and transmitted the
file to the Bitlis prefecture. It is possible that, depending on the results
of the inquiry undertaken by the prefecture, an investigation will be opened
into the matter;
(e) Cemal Kahraman, Mehmet Baysal, AbdUihamit Asian, Muhittin Anter,
Siikrfr Eren, Aydin Dogan, Mebmet Sirin Orhan, Macit AkgUn and SUleyman Balan
were arrested at Nfrsaybin and transferred to Mardin, where they were placed
in custody, for the following offences: belonging to the illegal
organization PICK, harbouring and receiving, and propaganda for the same
organization. On 12 April 1991, Cemal Kahraznan, Mehmet Baysal, Mecit AkgUn
and Siileyman Balan were sent to prison, while the others were released. OEe
Diyarbakir State Security Court is continuing the investigation into the
case. Among those charged, Mehmet Baysal, SUleyman Balan, Mehmet Yagiz,
Abinet Yigit and Harun Bozkurt said in their statements before the Mardin
Magistrate's Court that they had been tortured and ill—treated during their
questioning and lodged a complaint. Following the investigation undertaken
into the complaint, the file was transmitted to the Mardin prefecture. It is
possible that when the file has been examined a further investigation will be
conducted. Cemal Kahraman and Macit Akgiin did not make any complaint or
statement about being tortured or ill—treated;
(f) Barbara Kistler: While she was in custody, Barbara Kistler met the
Swiss Consul General and his lawyer. The medical report drawn up by the
Istanbul Forensic Medicine Organization on 3 June 1991, at the end of the
period of custody, certifies that no traces of beating or use of force were
found on her body. She has not appealed to the judicial authorities about any
threats designed to prevent her from speaking about what happened to her in
prison;
(g) Sait Seyit Abmet: According to the available information, this
person has been accepted as a refugee by Norway.
E/CN.4/1992/17
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Uzanda
Urgent aPDea ls
255. On 23 May 1991 the Special Rapporteur sent an urgent appeal to the
Government of Uganda concerning three members of the National Assembly who had
reportedly been detained and might be subjected to torture: Omara Atubo,
Irene Apiu Julu and Zachary Olum. Elders and community leaders from the
northern Ugandan districts of Lira, Gulu and Kitgum, they were charged with
treason on 8 May 1991 in Kampala Chief Magistrate's Court. They were among
several hundred people said to have been arrested since the end of March in a
major military operation in the north of the country and held subsequently
without charge or trial in military custody. Omara Atubo, Zachary Olum and
Irene Apiu Julu appeared in court together with 15 other persons, including
the former Ugandan High Commissioner in London, Andrew Adimola, and a
politician, Tiberio Atwoma Okeny. It was said that Omara Atubo, Zachary Olum
and Irene Apiu Julu showed signs of having been beaten and ill—treated while
in military custody. It was alleged, moreover, that other prisoners in
custody had been beaten and ill—treated and that the prisoners had been denied
food.
Union of Soviet Socialist ReDublics
Urgent anneals and Government replies
256. On 22 January 1991 the Special Rapporteur sent an urgent appeal to the
Government of the Union of Soviet Socialist Republics concerning the following
persons of Armenian origin who were reportedly arrested on 24 October 1990 in
Kajavan village, in the Martakert region of Karabagh: A. Sarkisian,
N. Danielian, L. Gasparian, V. Kocharian, A. Babayan, A. Danielian,
S. Stepanian, M. Sanian and V. Gabrielian. It was alleged that these persons
were arrested during an operation carried out by troops belonging to the
Interior Ministry, and that they were being held, without charge, in the
prison of Shushi in Azerbaijan. It was further alleged that they had been
subjected to torture, including rape and beatings, purportedly in order to
extract confessions from them. OEey were reported to be in a grave condition
and fears were expressed that they might again be subjected to torture.
257. On 18 July 1991 the Government provided the Special Rapporteur
with detailed information on the incident giving rise to the detention
of 24 citizens of Armenian nationality and the subsequent release of 15 of
them. It further reported that criminal proceedings had been instituted
against A.A. Sarkisian, V.S. Kocharian, S.S. Stepanian, A.V. Danielian and
others (9 in all). All were being held in custody as a preventive measure and
there were no grounds for altering this preventive measure. No complaints of
bias in the investigation or the use of unlawful investigative measures had
been received from the accused.
Letters
258. On 6 August 1991 the Special Rapporteur sent a letter to the Government
of the Union of Soviet Socialist Republics transmitting information alleging
that the practice of torture against Armenian prisoners in Azerbaijan
E/CN.4/1992/17
page 95
continued. The source quoted excerpts from testimony given by four Armenian
physicians: Valerie Khachaturian, aged 44, from Karabagh, Azerbaijan;
Sarkis Hagopian, aged 53, the principal doctor of Getashen village hospital,
Karabagh, Azerbaijan; Vartan Hovhannesian and Gevork Grigorian, both from
Armenia. The four physicians reportedly testified that they had been beaten
severely for about five days, and that they were kept in an outdoor prison
camp in a completely naked state; they were allegedly exposed to rain and
forced to sleep naked on bare metal beds. According to the source all four
had swollen faces and injured bodies at the time of their release.
259. It was further alleged, on the basis of accounts by former prisoners,
that the most common methods of torture of Armenian prisoners in Azerbaijan
were severe beatings, often resulting in broken bones and damage to the spine
and internal organs, and walking on prisoners and urinating and defecating on
them. There were also allegations that rape was a common form of torture, but
no further details were given. It was alleged that no medical attention was
allowed. One report, describing the situation in Shushi prison, described
how 50 Armenian prisoners were forced into a 9.5 square metre cell. It was
alleged that Azeri jailers urinated on the prisoners from an opening in the
roof.
260. Individual cases involving residents of Stepanakert were reported. They
concerned the following persons: Hzmanov Safaryan, Gamlet Bagiryan, and
Gennadi Artiunyan and his three—year—old son.
261. In addition to the aforementioned the Special Rapporteur received
information concerning cases of ill—treatment or police brutality which had
allegedly occurred in other regions of the Soviet Union. The cases of the
following individuals were reported: Yu Behtchanov, Yuryi Ivanov,
Olga Yantchenko and Genadyan Makarov.
VnitesII(ingttn_ef Greatjritain and
Northern Ireland
Letters
262. On 18 October 1991 the Special Rapporteur sent a letter to the Government
of the United Kingdom transmitting information alleging that Mr. Damien Austin,
aged 17, was ill—treated while in custody at the police interrogation centre
in Castlereagh (Belfast) from 7 to 10 May 1991, and again from 17 to
20 August 1991. He alleged that, during his first period of detention, he had
been verbally abused, punched, slapped and spat upon by detectives. He also
said that he had been burned on the face with a cigarette, that his trousers
and underpants were repeatedly pulled down, that a cigarette lighter was held
toward his pubic hair and that death threats were made by his interrogators.
In the period following his release, and before his second arrest,
Damien Austin claimed to have been regularly harassed by the police. He
alleged that during his second period of detention he had been regularly
punched in the stomach, on the throat and arms, and on the back of the head.
Pressure was put on his genital area which resulted in bleeding and, on one
occasion, his neck was held so tightly in an armlock that he was choking and
felt that he would pass out. Both the doctor on duty at Castlereagh and his
E/CN.4/1992/l7
page 96
own doctor concluded, upon examination, that he had been severely ill—treated.
Mr. Austin also claimed that, before being released, he had received threats
of further arrest and of execution by a loyalist paramilitary group.
Venezuela
Letters and Government replies
263. On 14 February 1991 the Special Rapporteur sent a letter to the
Government of Venezuela transmitting information received alleging that
prisoners at the El Dorado labour camp had been subjected to torture,
including electric shocks and blows with machetes covered with excrement,
resulting in infected wounds. In particular, attention was drawn to the case
of Amilcar Rodriguez Macias, described by the complainants as a political
prisoner. It was reported that on 13 August 1990 he had been taken together
with other prisoners from his cell to a place where he was tortured with
electric shocks, blows and kicks. This torture was carried out in the
presence of two doctors. The other prisoners were also forced to watch.
264. On 7 June 1991 the Government sent the Special Rapporteur the following
information provided by the Human Rights Directorate of the Office of the
Government Attorney:
“In August 1990, a number of inmates held at the Venezuela general
penitentiary were transferred by order of the Ministry of Justice to
El Dorado prison, being accused of bad behaviour. After they were
transferred, the Department of Public Prosecutions received various
complaints from members of their families that they were not being held
under proper conditions. They also complained that after the prisoners
had been transferred to El Dorado, it was made difficult for them to
visit the prisoners. As a result of these reports, various commissions
from the Department of Public Prosecutions visited the prison to inspect
the conditions under which the prisoners were being held and the state
they were in. On one of these visits, Amilcar Rodriguez complained of
having been ill—treated by officials, but there was no evidence to
support his complaint and none could be found. Later, at the request of
the Government Attorney's Office, the Ministry of Justice transferred the
prisoners to the establishments they had come from. In the case of
Ainilcar Rodriguez, who is not a political prisoner as sometimes alleged
but a convicted robber, he was transferred to El Junquito prison, where
he recently declared himself to be in excellent condition and had no
complaint about the conditions under which he was being held.”
Yugoslavia
Letters
265. On 6 August 1991 the Special Rapporteur sent a letter to the Government
of Yugoslavia transmitting information alleging police brutality and
ill—treatment of people by police in the Serbian province of Kosovo. The
following detailed cases were reported:
E /eN. i /1992 / 17
page 97
(a) Ismet Sopi: on 12 June 1990 two police officers beat him with
batons on his back, neck and hands. Reportedly, Ismet Sopi could hardly walk
afterwards, and suffered severe bruising;
(b) Xhevat Sadika, aged 38, owner of a shop in Onjilane, was allegedly
beaten by police on 23 July 1990 and had to stay in hospital until 28 July.
A medical certificate from the surgical clinic of Pristina Medical Faculty
stated that he had been admitted urgently to the clinic for treatment of
injuries caused by beating;
(c) Prof. Alush Gashi, the former Dean of the Medical Faculty of the
University of Pristina: on 26 October 1990 he was allegedly beaten by police
officers.
Zaire
Ur kent appeals and Government replies
266. On 15 May 1991 the Special Rapporteur sent an urgent appeal to the
Government of Zaire concerning Essolomwa Ea Linganga, publisher and director
of the daily newspaper Elima . According to the source, Mr. Essolomwa had been
arrested on 11 May 1991 by several agents of the security forces and policemen
in civilian clothes, in front of the building where the Government Prosecutor
has his office at Kinshasa, and had been taken to an unknown destination.
Mr. Essolomwa had been tortured during a previous period of detention, and
fears were expressed that he might again be tortured or ill—treated.
267. On 20 May 1991 the Government of Zaire sent the Special Rapporteur a
report prepared by the Government Prosecutor concerning Mr. Essolomwa. The
report contains a detailed description of the offences he is alleged to have
committed and of his being taken into custody and charged. According to the
report, before the Appeal Court Mr. Essolomwa was defended by 10 lawyers, none
of whom raised the question of ill—treatment of their client, who was duly
present at all the hearings. In accordance with the law, Mr. Essolomwa was
the subject of an arrest warrant, which was executed on his leaving the Appeal
Court hearing on 11 May 1991, and he was brought before an official of the
Department of Public Prosecutions in connection with the publication of false
rumours. After spending the weekend of 11 and 12 May 1991 in Makala prison,
he was heard by a judicial officer on 13 May and charged with publishing false
rumours liable to spread alarm or to incite revolt against the authorities,
and a new file was opened. At no time was he tortured, and his newspaper was
never seized. From prison he continued to sign articles, which were regularly
published by his newspaper, and in which, among other things, he reported
certain facts that he said he had observed in the prison. The Government of
Zaire stated that at the time the information was sent (20 May 1991)
Mr. Essolomwa had been released on bail.
Letters
268. On 6 August 1991, the Special Rapporteur sent a letter to the Government
of Zaire transmitting information concerning alleged torture and very harsh
conditions of detention at the Makala central prison in Kinshasa. The
inmates, it was said, were obliged to sleep on the floor and suffered from
E/CN.4/l992/ 17
page 98
unhygienic conditions, lack of medical care and malnutrition. According
to the sources, 10 persons had died from different causes, including
tuberculosis, malaria, diarrhoea and malnutrition, between 9 April
and 18 May 1991, and nine others had died of starvation. A list was also sent
of 21 persons at Makala prison whose state of health gave grounds for
concern. The names of all these persons were communicated to the Government.
269. It was also reported that Doctor Losilo Sokolakamo, formerly chief
medical officer at Makala prison, was arrested on S May 1991 for having
authorized a prisoner to go to the hospital, who was then said to have taken
the opportunity to escape. Doctor Sokolakamo was said to be held at Makala
prison.
E / CN. 4 / 1992 / 17
page 99
IV. FOLLOW—UP TO VISITS
270. On 20 August 1991 the Turkish Government sent the Special Rapporteur the
text of new regulations issued by the Ministry of the Interior concerning the
procedure to be followed by the police in questioning suspects and taking
their statements. The main provisions of this text, which was sent to the
country's police authorities on 6 August 1991, are as follows:
(a) A person in custody must be given a medical examination, attested by
a report, before he is questioned, and again after the questioning is finished
and before he is brought before the judicial authorities;
(b) During questioning, suspects must in no case be subjected to
torture, ill—treatment or physical or psychological pressure;
(c) The questioning shall last not more than four successive hours and
eight hours in a day. There shall be an interval of two hours between two
questioning sessions to enable suspects to eat, rest, etc.;
(d) The names of the persons present at the questioning, its content and
the words spoken shall be carefully recorded so that they can be examined by a
competent authority;
(e) The questioning shall be conducted sitting down;
(f) There shall be no altercation with the person questioned;
(g) After the end of the questioning a report shall be drawn up and
signed by the persons who took part in it, stating the purpose of the
questioning and the times at which it began and ended.
271. On 19 July 1991 the Government of the Philippines transmitted to the
Special Rapporteur a copy of Republic Act No. 7055, signed into law by
President Aquino on 20 June 1991 and entitled “An Act strengthening civilian
supremacy over the military by returning to the civil courts the jurisdiction
over certain offences involving members of the Armed Forces of the Philippines,
other persons subject to military law, and the members of the Philippine
National Police, repealing for the purpose certain Presidential Decrees”.
Section 3 of this Act repealed, inter alip , Presidential Decree No. 1850,
which provided the military courts with jurisdiction over all offences
committed by members of the armed forces and the police. The revocation of
this decree had been recommended by the Special Rapporteur in his report on
his visit to the country (see E/CN.4/1991/17, para. 269).
272. The Government also informed the Special Rapporteur that on 18 June 1991
the Philippine Commission on Human Rights, the Department of National Defense,
the Department of Justice, the Department of the Interior and Local Government
and the National Police, had signed a memorandum of agreement outlining the
procedures to be followed in the release from custody of detainees or accused
persons to minimize if not eliminate altogether incidents of disappearance.
E / CN .4 / 1992 / 17
page 100
273. On 25 July 1991 the Government of the Philippines transmitted to the
Special Rapporteur a list of 42 members of the military who had been convicted
of serious human rights violations In the country since 1986.
274. By letters dated 17 October addressed to the Government of Peru
and 21 October 1991 addressed to the Governments of Honduras and Guatemala,
the Special Rapporteur again requested those Governments to inform him of any
measures they might have taken in pursuance of the recommendations made
following his visits to their countries (see E/CN.4/1989/15, para 187 and
E/CN.4/1990/l7, paras. 216 and 254). In this connection the Government of
Peru informed the Centre for Human Rights that Legislative Decree No. 685
had been enacted authorizing access by officials of the Office of the
Attorney General to military installations and police detention centres in all
areas throughout the country in which states of emergency were in effect to
verify the situation of persons who had been detained.
E / CN. 4 / 1992 / 17
page 101
V. CONCLUSIONS AND RECOMMENDATIONS
275. There is hardly any international legal norm which is so widely acclaimed
as the prohibition of torture; and there is hardly any human right which is so
densely covered by a network of international instruments and mechanisms.
Torture is forbidden under all general human rights conventions, whether
universal or regional. Nevertheless, it was deemed necessary to conclude
separate conventions specifically dealing with torture which focused on the
enforcement of its prohibition, again both at the universal and at the
regional level. Fact—finding or monitoring mechanisms have been established
in order to strengthen the machinery for the prevention of torture. Such
mechanisms include the European Committee on the Prevention of Torture and
Inhuman or Degrading Treatment or Punishment and the Special Rapporteur of the
Commission on Human Rights on questions relevant to torture. Moreover,
non—governmental organizations have organized worldwide campaigns to rouse
public opinion and to bring pressure to bear on Governments with a view to
putting an end to the phenomenon of torture.
276. The general revulsion against torture which finds expression in this
network of instruments and mechanisms undoubtedly stems from the fact that
torture is one of the most ignominious violations of human rights. Respect
for human dignity is at the origin of all human rights, as is reflected in the
first preambular paragraph of the Universal Declaration of Ruman Rights;
torture is the absolute negation of that dignity.
277. The fact that the practice of torture is still widespread may partly be
explained by the fact that it concerns a human right which can be violated
very easily, since it is the most intimate of human rights violations.
Torture almost invariably takes place in isolation, in the detention cell, in
the interrogation room, in the torture chamber. Moreover, it is anonymous:
the victim hardly ever sees the face of his torturer, since in most cases he
is blindfolded or hooded. The first condition for mutual respect, eye—to—eye
contact, is wilfully denied. The victim is turned into an object. The
torturer has no face for the victims, but very often he has no face either to
his fellow men in society. Only his co—perpetrators know his face. The
torturer is part of a gang. Since no man is born a torturer, he is drawn into
a web which encloses him gradually but unrelentingly and from which he is
hardly ever able to disentangle himself. And within the sub—group to which he
belongs, rationalizations for the practice of torture are made: the torturer
finds the arguments to explain to himself the inner logic of his behaviour.
278. In the context of a research project undertaken by Projects for the
Interdisciplinary Study of Root Causes of Human Rights Violations (P IOOM), of
Leiden University (the Netherlands), to explore the causes of torture,
interviews were held with 49 military officers in four Latin American
countries which during the l970s and l98Os were notorious for the practice of
torture. All these officers had either been responsible for torture practices
or had actively participated in them. The research project has not yet been
concluded, but from the interviews it became clear that almost without
exception the use of torture was seen as the only means of getting to the
truth rapidly, and rapidity was considered to be essential. The subjects
stated that “the opponent” (whether guerrilla units or “terrorists”) often
E/CN.4/l992/17
page 102
violently attacked and killed members of the military and even their
relatives. Since “the opponent” was usually well—trained in withstanding
normal interrogation techniques, the only way to extract information vital
for the protection of the lives of one's own group was torture. The
rationalization and the justification for the use of torture are implicitly
given: “it is either them or us”. But this also explains the hideous vicious
circle to which torture leads. Since in a situation of civil war or civil
strife the opponent is not readily recognizable, everyone who does not clearly
belong to “us”, may be one of “them”. Consequently, every innocent citizen or
bystander is exposed to the risk of torture, in particular those who give
voice to their criticism of the incumbent regime or take up the cause of those
whose human rights are violated. Human rights activists and human rights
lawyers are seen as part of “them' since they are not part of “us”. Once the
use of torture is rationalized and found justifiable in specific cases, it
becomes justifiable in other cases as well. The circle of potential victims
of torture gradually becomes wider and wider and torture becomes a habit. And
because of its intimate character, the chances that perpetrators of torture
will be held responsible for acts of torture are relatively small, even if the
authorities are willing to prosecute them.
279. In its resolution 1991/29 the Commission on Human Rights reiterated its
deep concern at the adverse effect on the enjoyment of human rights of
persistent acts of violence committed in many countries by armed groups,
regardless of their origin, that spread terror among the population, and by
drug traffickers. It is indeed a matter of deep concern that human rights are
thus violated in the most ruthless way, often by groups which claim they fight
for a better society which is more in conformity with the requisites of
justice. Their acts are in the starkest contrast possible to their claims and
such acts should be condemned unequivocally and without reservation. Such
acts, however, can never serve as an excuse for similar acts on the part of
the authorities. All international instruments explicitly state that there is
no justification whatsoever for torture; not even under a state of emergency
may the prohibition of torture be suspended. There is a very sound reason for
this unreserved prohibition: national security can never be an aim in itself
but has to be achieved for the well—being of the people; national security
which is achieved at the expense of respect for human rights would turn into a
caricature of itself.
280. Under circumstances in which torture is practiced or condoned by the
authorities, it is the judiciary which forms the last bastion for the
protection of the citizen's basic rights. Nevertheless, it is tragic to note
that in many cases the judiciary does not seem to be aware of the role it can
play in upholding the rule of law. From many country reports it is evident
that judicial bodies often believe that their impartiality forbids them from
taking a stand whenever there is a deep rift between the authorities and part
of their subjects who no longer feel protected, but rather threatened by these
authorities. The judiciary, however, should bear in mind that, as stated in
Principle 6 of the Basic Principles of the Independence of the Judiciary,
adopted by the Seventh United Nations Congress on the Prevention of Crime and
the Treatment of Offenders and endorsed by the General Assembly in its
resolutions 40/32 and 40/146, “the principle of the independence of the
judiciary entitles and requires the judiciary to ensure that judicial
proceedings are conducted fairly and that the rights of the parties are
E/CN.4/1992/17
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respected”. Even when no law suits are initiated against perpetrators of
torture, either because their identity cannot be ascertained or because the
prosecuting authorities remain passive, the judiciary can make significant
contributions towards reinforcing the prohibition of torture by refusing to
admit evidence which, in its opinion, might have been obtained through torture
and by ordering the release of anyone who has been arrested and detained in
violation of national and international standards. If the judiciary takes
such a position the use of torture becomes less worthwhile, and thereby less
attractive.
281. There are well—known examples of members of the judiciary who took their
independence seriously and acted along the lines mentioned above, and as a
result were disciplined or removed from office. It should be realized that
this could only happen because of the passivity of their colleagues. If the
judiciary as a whole would recognize that the principle of independence
requires the judiciary to ensure that the rights of the parties are respected,
such regrettable incidents simply could not happen. In too many cases the
judiciary, by hiding behind a false claim to impartiality and neutrality, has
actually shielded the most brazen violations of human rights.
282. No member of the judiciary can be in doubt any longer as to the rights
which a person in detention has under international law, and which
consequently have to be ensured to him. The international community has
formulated these standards in a number of highly important instruments,
ranging from the United Nations Standard Minimum Rules for the Treatment of
Prisoners approved by the Economic and Social Council in 1957 and 1977, to
the Body of Principles for the Protection of all Persons under Any Form of
Detention or Imprisonment, approved by the General Assembly in 1988. OEe
duties of people charged with control over persons who have been deprived of
their liberty are laid down in the Code of Conduct for Law Enforcement
Officials, adopted by the General Assembly in 1979, and in the Principles of
Medical Ethics Relevant to the Role of Health Personnel, particularly
Physicians, in the Protection of Prisoners and Detainees against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the
General Assembly in 1982. In all these documents the use of torture is
explicitly forbidden. In this context it is noteworthy that, in an
explanatory note to Principle 6 of the Body of Principles, it is stated that
“the term ‘cruel, inhuman or degrading treatment or punishment' should be
interpreted so as to extend the widest possible protection against
abuses, whether physical or mental”.
283. In most of the above—mentioned documents emphasis is laid on the
necessity of judicial control and supervision. In Principle 9 of the Body of
Principles it is explicitly stated that the authorities which arrest a person,
keep him under detention or investigate the case shall exercise only the
powers granted to them under the law and the exercise of these powers shall be
subject to recourse to a judicial or other authority. This illustrates the
highly significant role the judiciary has to play with regard to the protection
of a detained person's basic rights. In this context it may be pointed out
that when the General Assembly approved the Body of Principles in its
resolution 48/173 of 9 December 1988, it urged that every effort be made so
that the Body of Principles should become generally known and respected. This
F / CN .4 / 1992/17
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provision of the covering resolution has no specific addressee; it is
noteworthy in particular that it is not addressed to States or Governments but
in general to all those who have a function in ensuring that these principles
should be respected, including the judiciary and professional organizations,
such as medical associations.
284. The protection of the detainee's right to physical and mental integrity
in cases where torture has allegedly taken place is not the only important
task of the judiciary. It 5 role may be even more important in the prevention
of torture. In this respect special attention must be given to the detainee's
right to legal counsel. Torture most often takes place during incommunicado
detention, when the detainee is refused access to legal counsel. In this
respect Principle 18, paragraph 3, of the Body of Principles may be
highlighted. It states that the right of a detained or imprisoned person to
be visited by and to consult and communicate, without delay or censorship and
in full confidentiality, with his legal counsel may not be suspended or
restricted save in exceptional circumstances, to be specified by law or lawful
regulations, when it is considered indispensable by a judicial or other
authority in order to maintain security and good order.
285. In many countries national legislation has not yet been brought fully
into conformity with these high international standards, It seems, however,
to be good legal reasoning that whenever a judge is asked to apply the law he
must do so by interpreting the national legal rules in such a way that they
conform as much as possible with the international standards. In doing so the
national judiciary can play a constructive role in the promotion of respect
for human rights. This promotion of respect for human rights is an obligation
of all States under the Charter, and the judiciary, as an organ of the State,
consequently has its own responsibility in that respect.
286. It is a matter of great concern that lawyers who have taken up the case
of persons whose human rights have been violated are themselves sometimes
subjected to harassment or even become the victims of serious human rights
violations. During the period under review, nine cases were brought to the
Special Rapporteur's attention in which lawyers were deprived of their liberty
and allegedly subjected to torture. It is a cynical world indeed where
persons who do nothing but honour their profession by helping people to have
their rights respected, themselves become victims of violations of these
rights.
287. In all his previous reports the Special Rapporteur has stressed the
importance of preventive measures. As one of the most significant of such
measures he mentioned the establishment of a system of periodic visits to
places of detention by independent experts. Within the context of the Council
of Europe a convention has been concluded to set up such a system of periodic
visits. The European Committee for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment, established under the convention, has
visited a number of States parties, and although it carries out its mandate in
strict confidentiality, two States parties (Austria and Denmark) decided to
make public the Committee's report on the visit paid to their country. The
idea of establishing a treaty—based worldwide system of periodic visits, as
contained in the Costa Rican proposal made in 1980 and as amended last year
(E/CN.4/ 199 1/66), is still on the Commission's agenda. The Special Rapporteur
E / CN.4 / 1992/17
page 105
hopes that the reports of the above—mentioned Committee for the Prevention of
Torture which have been published will help the Commission to obtain a better
insight into the functioning of such a mechanism in order to enable it to take
a decision on the important proposal before it. In this context it may be
pointed out that in both reports, the Committee stressed the importance of the
regular inspection of places of detention by independent national bodies or
agencies carrying out a function complementary to its own task. The Committee
is obviously of the opinion that a system of visits on a national and
international basis will have a highly prophylactic effect on the occurrence
of torture.
288. In spite of all the successes which have been achieved in the fight
against torture — the convention concluded, the mechanisms established, the
codes of conduct and the principles adopted — torture continues apace. The
world can no longer avoid the conclusion that while successes have been
registered at the international level, only failures can be recorded at the
national level. The most vital question before us, therefore, is: how do we
bridge this seemingly unbridgeable gap between international success and
national failure? For if we do not, the schizoid contrast between the
external and the internal behaviour of States threatens to discredit the
verbally endorsed campaign against torture. How do we transform the paper
formulae into rules of conduct which are endorsed in the minds of men? The
Special Rapporteur feels that this can only be achieved if all levels of
society recognize their own responsibility in this respect and act accordingly.
Governments should realize that they cannot leave the fight against torture to
the treaty—based bodies and the mechanisms established for that specific
purpose, but that they should vigorously support that fight within their own
competence by continuously holding accountable Governments which allow torture
to take place within their borders. They can do so by exerting diplomatic
pressure, and by other means at their disposal.
289. At the internal level, Governments should scrupulously translate into
national guarantees the international standards they have approved. OErough
education and training programmes, they should famililiarize their law
enforcement personnel with the rules they are expected to apply.
290. Other branches of the State — legislative or judiciary — should take
their own responsibility and become aware of the role they can play in the
protection of human rights.
291. Professional organizations should ban each and every member of their
profession who has discredited and dishonoured it by participating in or
facilitating the use of torture.
292. Human rights organizations should expose acts of torture and arouse
public opinion about laxity of the authorities in taking action to suppress
and prevent torture.
293. Only by the concerted and sustained action of all strata of society can
the evil of torture be successfully fought and overcome. The prospect of the
World Conference on Human Rights, to be held in 1993 in Berlin, should inspire
all of us with new vigour in our efforts to eradicate this most malicious
assault on human dignity.
E/CN.4/ 1992/17
page 106
294. In conclusion, the Special Rapporteur wishes to make the following
recommendations, many of which can be found in his previous reports:
(a) States which have not yet done so, should ratify as soon as possible
the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment;
(b) The judiciary should play an active role in guaranteeing to
detainees the rights they have according to international and national
standards;
(c) Since incommunicado detention is highly conducive to torture
practices it should be declared illegal. A person found to be in
incommunicado detention should be released without delay;
(d) OEe right to have access to a lawyer is one of the basic rights of a
person who is deprived of his liberty. Regular contacts with a lawyer have a
torture—preventing effect. Restrictions on the right to see a lawyer should
therefore be exceptional, and always be under judicial control;
Ce) The interrogation of detained persons should only take place at
official interrogation centres. All interrogations should be carried out in
conformity with Principle 23 of the Body of Principles for the Protection of
All Persons under Any Form of Detention or Imprisonment. Evidence obtained
from a detained person in non—official interrogation centres should not be
admitted as evidence in court, unless confirmed by him during interrogation at
official locations. OEe blindfolding or hooding of detainees during
interrogalion should be absolutely forbidden;
(f) Places of detention should be regularly inspected by independent
experts. The institution of a treaty—based system of periodic visits to
places of detention would be a highly effective preventive measure against the
occurrence of torture and should therefore be seriously considered;
(g) Complaints about torture should be dealt with immediately and should
be investigated by an independent authority which has no relation to the
authority that investigated the offence the detainee was suspected of having
committed. In this context the establishment of the post of an ombudsman—type
authority or an independent commission on human rights with investigative
and/or prosecutory powers may be recommended;
(h) Whenever a torture complaint is found to be justified, the victims
should be provided with compensation without delay;
(i) Whenever a torture complaint is found to be justified, the
perpetrators should be severely punished. If the torture is found to have
taken place in an official place of detention, the official in charge of this
location should be disciplined or punished;
(j) Since the Special Rapporteur continues to receive information that
members of the medical profession play a role in the practice of torture, he
wishes to reiterate his previous recommendation that professional medical
associations take strict measures against such persons who have dishonoured
their profession;
E /CN.4/1992/17
page 107
(k) Each detained person should have the right to initiate, immediately
after his arrest, proceedings before a court on the lawfulness of his
detention, in conformity with article 9, paragraph 4, of the International
Covenant on Civil and Political Rights. Since the Body of Principles for the
Protection of All Persons under Any Form of Detention or Imprisonment,
Principle 32 of which contains the same provision, makes no exception for
times of emergency, a detained person should be entitled to exercise this
right also under a state of siege or emergency;
(1) Training programmes for law enforcement and security personnel
should reflect the respect due to the inherent dignity of all detained
persons. In particular, such personnel should be instructed on their duty to
disobey orders received from a superior to practise torture;
(if) Governments are reminded that they can avail themselves of the
programme of advisory services of the United Nations Centre for Human Rights
in combating torture.
