Aadel Collection
Report of the Special Rapporteur, Mr. P. Kooijmans, pursuant to Commission on Human Rights resolution 1992/32
Distr.
GENERAL
E/cN. 4/1993/26
15 December 1992
Original: ENGLISH/FRENCH/
SPANISH
COMMISSION ON HUMAN RIGHTS
Forty-ninth 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 Rapporteur. Mr. P. Kooiimans. pursuant to
Commission on Human Rights resolution 1992/32
CONTENTS
Paragraphs Page
Introduction . 1 - 5 4
Chapter
I. MANDATE AND METHODS OF WORK 6 - 30 6
II. INFORMATION REVIEWED BY THE SPECIAL RAPPORTEUR
WITH RESPECT TO VARIOUS COUNTRIES 31 - 550 12
Argentina 31 - 36 12
Bahrain 37 14
Bangladesh . . 38 - 41 14
Bhutan . 42 - 51 15
Bolivia 52 16
Brazil . 53 - 58 17
GE.93-10097 (E)
E / CN. 4 / 1993 / 26
page 2
CONTENTS ( continued)
Paragraphs Page
Eurundi 59 - 61 18
Cameroon 62 - 70 19
Central African Republic 71 21
Chad 72 - 73 22
Chile 74 - 75 22
China 76 - 111 24
Colombia 112 - 116 32
Cuba 117 - 157 34
Djibouti 158 - 160 38
Dominican Republic 161 39
Equatorial Guinea 162 - 166 39
Egypt 167 - 202 40
El Salvador 203 - 204 46
Greece 205 - 237 46
Guatemala 238 - 245 52
Haiti 246 - 253 54
India 254 - 270 57
Indonesia 271 - 275 61
Iran (Islamic Republic of) 276 - 282 65
Iraq 283 66
Israel 284 - 301 67
Kenya 302 - 303 70
Kuwait 304 71
Lesotho 305 - 307 71
Malaysia 308 72
Mauritania 309 72
Mexico 310 - 332 73
Morocco 333 - 334 76
Myanmar 335 - 350 76
Pakistan 351 - 354 78
Peru 355 - 380 80
Philippines 381 - 383 83
Republic of Korea 384 84
Russian Federation 385 84
Rwanda 386 - 390 84
Saudi Arabia 391 - 394 86
Senegal 395 - 399 87
South Africa 400 87
Spain 401 - 409 88
Sri Lanka 410 - 411 92
Sudan 412 - 424 92
Sweden 425 - 426 95
Syrian Arab Republic 427 - 434 96
Togo 435 98
Tunisia 436 - 476 98
Turkey 477 - 534 105
Uganda 535 - 539 114
United Kingdom 540 - 541 116
United Republic of Tanzania 542 116
CONTENTS ( continued )
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Uruguay
Venezuela
Yugoslavia
III. VISITS AND FOLLOW-UP TO VISITS
A. Visit to the former Yugoslavia
B. Follow-up to visits
IV. CONCLUSIONS AND RECOMMENDATIONS
Paragraphs Page
543 - 544 117
545 - 547 118
548 - 550 120
551 - 578 124
551 - 558 124
559 - 578 125
579 - 594 129
E / CN. 4 / 1993 / 26
page 4
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, 1990/34
and 1991/38, submitted reports E/cN.4/1986/15, E/CN.4/1987/13, E/cN.4/1988/17
and Add.1, E/cN.4/1989/15, E/CN.4/1990/17 and Add.1, E/CN.4/1991/17 and
E/CN.4/1992/17 and Add.1) to the Commission at its forty-second, forty-third,
forty-forth, forty-fifth, forty-sixth, forty-seventh and forty-eighth sessions
respectively.
3. In its resolution 1992/32 the Commission decided to extend the mandate of
the Special Rapporteur for a further three years, while maintaining the annual
reporting cycle, in order to enable him to submit further conclusions and
recommendations to the Commission. It also 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.
4. In conformity with Commission resolution 1992/32 the Special Rapporteur
hereby presents his eighth 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 mainly of a review of the
information transmitted by the Special Rapporteur to Governments and the
replies received thereon up to 14 December 1992. Chapter III contains
information on follow-up visits made by the Special Rapporteur in the past, as
well as on the visit carried out to the territory of the former Yugoslavia.
Chapter IV contains conclusions and recommendations.
5. In addition to resolution 1992/32, several other resolutions of the
Commission on Human rights are also pertinent within the framework of the
mandate of the Special Rapporteur and have been taken into consideration in
examining and analysing the information brought to his attention. These
resolutions are, in particular,
(a) Resolution 1992/22, entitled “Right to freedom of opinion and
expression”, in which the Commission invited its Special Rapporteurs “to pay
particular attention, within the framework of their mandates, to the situation
of persons detained, ill-treated or discriminated against for having exercised
the right to freedom of opinion and expression”;
(b) Resolution 1992/31, entitled “Human rights in the administration of
justice”, in which the Commission called upon its special rapporteurs and
working groups “to give special attention to questions relating to the
effective protection of human rights in the administration of justice, in
particular with regard to unacknowledged detention of persons, and to provide,
wherever appropriate, specific recommendations in this regard, including
proposals for possible concrete measures under advisory services programmes”;
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(c) Resolution 1992/41, entitled “Human rights and thematic
procedures”, in which the Commission recommended that Governments that had
invited any of the thematic special rapporteurs to visit their countries to
consider follow-up visits and encouraged Governments to respond expeditiously
to requests for information so that the thematic special rapporteurs concerned
might carry out their mandates effectively. It also encouraged “Governments
encountering problems in the field of human rights to cooperate more closely
with the Commission through the pertinent thematic procedures, in particular
by inviting a thematic special rapporteur .. . to visit their countries”;
(d) Resolution 1992/42, entitled “Consequences on the enjoyment of
human rights of acts of violence committed by armed groups that spread terror
among the population and by drug traffickers” in which the Commission
requested the Special Rapporteurs to continue paying particular attention to
the adverse effect on the enjoyment of human rights of acts of violence
committed by such groups”;
(e) Resolution 1992/59, entitled “Cooperation with representatives of
United Nations human rights bodies”, in which the Commission urged Governments
to refrain from all acts of intimidation or reprisal against persons
cooperating with representatives of United Nations human rights bodies,
availing themselves of human rights protection procedures established under
United Nations auspices or providing legal assistance for this purpose, as
well as those who submit communications under procedures established by human
rights instruments and relatives of victims of human rights violations. It
also requested representatives of human rights bodies to help prevent the
occurrence of such intimidation and reprisals.
E / CN. 4 / 1993 / 26
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I. MANDATE AND METHODS OF WORK
6. On 3 March 1992 the Commission on Human Rights adopted resolution 1992/43
by which it decided to establish an open-ended intersessional working group in
order to elaborate a draft optional protocol to the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment, designed to
establish a preventive system of visits to places of detention. It may be
recalled that the Special Rapporteur in previous reports had advocated the
institution of such a system of periodic visits to places of detention.
7. On 28 February 1992 during the debate by the Commission at its
forty-eighth session on draft resolution E/CN.4/1992/L.41, by which the
Special Rapporteur's mandate was to be extended for three years, the
representative of the Philippines suggested an extension of the mandate for
only one year. The delegate felt that the issue of torture was already
covered by so many mechanisms that the Commission needed time to reflect
whether the mandate of the Special Rapporteur had become redundant.
8. Although the Commission did not adopt this suggestion and by resolution
E/CN.4/1992/32 extended the mandate for three years, the issue of overlapping
mechanisms seemed to be a matter of concern to more than one delegation. The
Special Rapporteur, therefore, deems it useful to give his views on the
character and functions of the various mechanisms. He hopes that these views
may dispel any fears that the scarce human and logistical resources of the
Centre for Human Rights are not used in a balanced way. During a meeting
on 23 October 1992 with the open-ended working group on the draft optional
protocol to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, the Special Rapporteur expatiated on this
issue. A recapitulation in the present report of what he said on that
occasion may be of some guidance to the Commission when it has to decide in
the future which options should be chosen.
9. It cannot be denied that the issue of torture and other cruel, inhuman or
degrading treatment or punishment is covered by a variety of mechanisms. This
in itself is evidence of the fact that the international community considers
torture to be one of the most heinous violations of human rights and
unequivocally condemns it.
10. When looking at these various mechanisms, a first distinction can be made
between treaty-based ones and the one established by the Commission. The
former by definition have competence only with regard to States which have
become party to the treaty, whereas the latter can address the Governments of
all Member States of the United Nations and of all States which have observer
status with the Organization. The Special Rapporteur's mandate is a
reflection of the fact that the international community has come to the
conclusion that the prohibition of torture is an obligation for all States,
whether or not they have ratified a treaty which explicitly contains this
prohibition. This conclusion is based, inter alia , upon the view of the
International Court of Justice which in 1970 stated that the obligation to
respect the basic human rights, to which the right not to be tortured belongs
beyond any doubt, is an obligation ercia omnes for each and every State, an
obligation which a State has vis-a-vis the community of States as a whole.
This is also reflected in the draft Code of Offences against the Peace and
E/cN. 4/1993/26
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Security of Mankind, prepared by the International Law Commission. It is now
generally accepted that the prohibition of torture is a peremptory norm which
under no circumstances may be encroached upon.
i i. with regard to those States which have not ratified the two conventions
which contain the prohibition of torture (the 1966 International Covenant on
Civil and Political Rights and the 1984 Convention against Torture) , the
Special Rapporteur is the only available mechanism; the number of States which
have ratified neither convention is still regrettably high.
12. More important than the difference in “geographical” scope, however, is
the difference in character between the various mandates. The treaty-based
bodies (Human Rights Committee and Committee against Torture) monitor the
compliance of the States parties with their treaty obligations; because of the
far more detailed provisions of the Convention, reports to be submitted
periodically by the parties have to contain more information than reports
submitted under the International Covenant. Under both, the Committee can
also deal with individual complaints, whenever its competence to do so is
recognized by the States concerned. Finally, the Committee against Torture is
entitled to carry out an inquiry in cases of a systematic practice of torture
whenever its competence to do so is not explicitly excluded. In all these
cases, the essential task of the mechanism is to determine whether a State
party is complying with or has complied with its obligations under the treaty.
Its function can therefore be characterized as quasi-judicial. If it comes to
the conclusion that a treaty obligation has been violated, it gives its view
as to whether the State party is responsible for the violation. A State is
not responsible as long as it is in a position to redress a wrongful act
committed by its organs. It is exactly for that reason that an individual
complaint is not admissible if the local remedies have not been exhausted
unless the Committee concludes that these local remedies are futile. The
inevitable consequence of the need to exhaust local remedies is that a case of
torture normally will be considered by the Committee years after it has been
committed. Its view will be relevant for the question of whether the State
concerned is under an obligation to pay compensation.
13. If we look at the Special Rapporteur's mandate we see a completely
different picture. According to the mandate as formulated in the resolution
which established it (resolution E/CN.4/1985/33) , the Special Rapporteur has
to report to the Commission, a body composed of government representatives, on
“his activities regarding the question of torture, including the occurrence
and the extent of its practice, together with his conclusions and
recommendations”.
14. In order to be able to report on the occurrence and extent of the
practice of torture, he is entitled to receive information from Governments,
intergovernmental and non-governmental organizations. The greater part of the
information provided by non-governmental organizations deals with specific
cases of alleged torture. He (like other thematic mandates) can bring this
information to the attention of the Government concerned and ask for its
comments. when doing so, as well as when reporting on this correspondence to
the Commission, he does not take a stand on whether such allegations are
well-founded. He merely requests the Government to look into the matter and
to see to it that, if the outcome of the inquiry confirms that the allegation
E / CN. 4 / 1993 / 26
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is true, the perpetrators will be punished and the victims will be
compensated. The information received, together with the replies by
Governments, enable the Special Rapporteur to draw for the Commission a
picture of the occurrence and the extent of the practice of torture and to
submit to the Commission his conclusions and recommendations. For that reason
it is regrettable that only a minority of the Governments whose comments are
solicited provide the Special Rapporteur with a reply, in spite of the fact
that the Commission has urged Governments which have not yet responded to
communications transmitted to them by the Special Rapporteurs to answer
expeditiously (resolution E/CN.4/1992/32, para. 18)
15. The Special Rapporteur is also invited “to bear in mind the need to be
able to respond effectively to credible and reliable information that comes
before him.” This provision, which is also contained in other thematic
mandates established by the Commission, has led to the so-called urgent appeal
procedure. If anything, this urgent appeal procedure illustrates the
essentially different character of the mandates of the treaty-based bodies and
that of the Special Rapporteur. The latter's function is basically
humanitarian and destined, through the urgent appeals procedure, to avert
potential or ongoing violations of the prohibition of torture and through the
transmittal of alleged violations to enable Governments to expedite the
suppression of torture and the compensation of victims. The instruments of
thematic procedures has been developed by the Commission as a tool in the
struggle against practices which have been outlawed by the international
community and as a means to come to the rescue of potential or real victims of
such outlawed practices. Hence, the emphasis is laid on the element of
“effectiveness” and on the adoption of preventive measures.
16. The difference in character of the various mandates is also highlighted
if we compare the competence of the Committee against Torture to carry out an
independent inquiry in cases where it has received information about a
systematic practice of torture and to visit the country concerned with the
consent of the Government, with the country visits paid by the Special
Rapporteur. An inquiry by the Committee is an ultimum remedium which will
only be applied when there is overwhelming evidence of torture on a massive
scale and will finally lead to a determination on state responsibility. A
visit by the Special Rapporteur is commendable in all those cases where, on
the basis of the information received, the situation in a country seems to be
problematical and where consultations with the authorities and with
non-governmental groups might lead to a clearer picture and to improvements by
the taking of certain measures. Such a visit for consultative purposes should
be seen much more as falling in the category of advisory services than an
investigative mission provided for in the Convention against Torture. This
seems also to be the opinion of the Commission when it encouraged Governments
to give serious consideration to inviting the Special Rapporteur to visit
their countries so as to enable him to fulfil his mandate more effectively.
The difference in character is also borne out by the fact that the Committee
will carry out its inquiry in confidence, although a summary account of the
proceedings may be included in the Committee's annual report, whereas the
Special Rapporteur immediately submits a report on a country visit to the
Commission.
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17. Of course, a Government may feel that it is useful to invite the Special
Rapporteur for an investigative visit to see for himself that the allegations
transmitted to the Government are baseless or in order to show the
international community that it is willing to cooperate in the eradication of
torture. Even if some of the allegations were to be found correct, the report
on such an investigative visit should be focused on recommendations to improve
the situation in that country. Although geared to a common goal, the
eradication of torture, the various mandates are complementary as a result of
their completely different character.
18. would the establishment of a system of periodic visits to places of
detention with an infrastructure of its own lead to an overlap? The main
thrust of such a system is preventive. Regular inspection of detention places
by independent experts, either on a national or on an international level, is
bound to have a prophylactic effect on the occurrence of torture. In
particular, visits by international experts will lead to recommendations of a
very concrete nature; since the visits will be periodical, the experts will be
in an excellent position to see whether their recommendations have been
complied with and what results can be ascertained from such compliance. On
the universal level this would be a completely new instrument in the fight
against torture and, therefore, would be complementary to the existing
mechanisms. Such a new instrument is far from superfluous in view of the fact
that this fight has been far from successful until now. If they cooperate
closely and exchange information whenever possible, the establishment of a
system of visits would make all mechanisms more effective.
19. Since the finalization of last year's report the Special Rapporteur
sent 44 letters to 43 Governments. In these letters about 700 cases of
alleged torture were transmitted to the Governments concerned. If the
information received contained not only concrete allegations of torture but
also a critical analysis of a more general nature, this information was also
brought to the attention of the Governments with the request to comment on
this analysis.
20. Seventy-nine urgent appeals were sent to 31 Governments dealing with
roughly 300 individuals as well as several groups of persons with regard to
whom fears of torture had been expressed.
21. The Special Rapporteur approached a total of 55 Governments asking for
their comments and received replies from only 27 Governments; moreover, he
received from eight Governments replies dealing with cases which were
mentioned in previous reports. Many of the replies received, however, do not
refer to all the cases transmitted by the Special Rapporteur. It should be
kept in mind, however, that a number of letters were dispatched rather late in
the year and that Governments need time to investigate allegations.
22. In his letter the Special Rapporteur specifies in detail the kind of
information he needs. The reply should not only contain information on the
accuracy of the allegation and relevant factual circumstances but also on the
authority responsible for the investigation, the result of any medical
examination and the identity of the person who performed it, the outcome of
E / CN. 4 / 1993 / 26
page 10
the investigation and the decision taken with respect to a complaint, the
grounds for this decision and, if the allegation is found to be accurate, the
measures taken.
23. A number of the replies received are more or less in conformity with
these requirements. Other replies, however, contain a mere denial of the
alleged facts. Even if the allegations were false, the Special Rapporteur is
of the opinion that such replies cannot be deemed satisfactory. As he said in
his previous report, the sustained campaign of the international community
against torture makes it necessary for all Governments to take allegations
about torture seriously and to look into each and every case which is brought
to their attention (E/CN.4/1992/17, para. 10)
24. when a Government of a country which is mentioned in this report has
submitted a report in the course of the present year to the Committee against
Torture and the Committee has considered that report, reference is made to the
relevant documents. The Special Rapporteur is of the opinion that the
information provided in these documents is a useful addition to the
information contained in the present report.
25. Twice the Special Rapporteur had to send an urgent appeal pursuant to
Commission resolution 1992/59 on behalf of persons who had cooperated with
representatives of human rights bodies of the United Nations and with regard
to whom fear had been expressed that they might be subiected to retaliatory
measures, including torture. It would be sad indeed if people were victimized
for doing exactly what the United Nations expects them to do.
26. The Special Rapporteur this year did not receive an invitation to visit a
country, although he approached some Governments when the situation in the
country concerned appeared to make such a visit advisable. The Special
Rapporteur feels that too many Governments still see such an invitation as an
admission that torture is wilfully condoned in the country concerned. He
wished to reiterate what he has said before: nobody knows better than he how
difficult it is to eradicate torture. He therefore feels that he would
perform his function in a half-hearted way if he confined himself to
transmitting allegations to Governments without offering advice to them on how
to fight effectively the phenomenon of torture.
27. During its forty-eighth session the Commission was addressed by the
Minister of Justice and Attorney General of the Sudan. On that occasion the
Minister stated that anybody could come to his country and inform himself
about the human rights situation there. On 3 March 1992 the Special
Rapporteur wrote a letter to the Government of the Sudan in which he asked
whether this statement could be seen as an invitation to him to visit the
country. On 23 November 1992 he received a reply from the Minister of
Justice, the content of which is reflected in paragraphs 412-414 below. The
Minister said that access to prisons had already been granted to western
Ambassadors in Khartoum and to representatives of the ACP countries and the
EEC Parliamentary Assembly, and that he had informed the Chief Justice and the
Minister of Foreign Affairs of the Special Rapporteur's willingness to visit
the country.
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28. The Special Rapporteur welcomes this reply and expresses the hope that an
invitation will be extended to him.
29. In his previous report the Special Rapporteur mentioned that he had
received an invitation from the Government of Diibouti to visit that country
to carry out an obiective and independent inquiry into a number of alleged
cases of torture which had been transmitted to the Government. He also
informed the Commission that due to a regrettable delay in communications this
visit had to be postponed. By letter of 21 August 1992 he asked the
Government of Diibouti whether the invitation was still valid and, if so, when
the visit could take place. The Special Rapporteur has not yet received a
reply from the Government of Diibouti. He wishes to repeat what he said last
year: by extending this invitation to carry out an investigation the
Government of Diibouti has set an example which may contribute to a more
effective functioning of the Commission's mandate on torture.
30. Pursuant to resolution E/CN.4/1992/S-1/1 adopted by the Commission at its
first special session in August 1992, the Special Rapporteur, at the
invitation of the Commission's Special Rapporteur on the situation of human
rights in the territory of the former Yugoslavia, Mr. Tadeusz Mazowiecki, took
part in his second mission from 12-22 october 1992. Those findings of the
mission which are relevant to torture are reflected in chapter III.
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II. INFORMATION REVIEWED BY THE SPECIAL RAPPORTEUR
WITH RESPECT TO VARIOUS COUT TRIES
Argentina
Information transmitted to the Government and replies
received thereon
31. In a letter dated 21 August 1992 the Special Rapporteur advised the
Government that he had received information on the practice of torture in
Argentina and also on a number of individual cases. The Government replied in
a letter dated 9 November 1992.
32. The Special Rapporteur stated that he had received information on malor
legislative action taken in recent years such as the reform of the Federal
Code of Criminal Procedure under which confessions made to the police are not
admissible as evidence and police detention to establish identity may not
exceed 10 days. He had however, been informed that notwithstanding these
measures the police frequently resorted to torture to elicit information or
secure changes in testimony already given. Torture was also used as a form of
punishment and intimidation. Most of the victims were poor people and young
people suspected of theft, rape and similar offences. Some cases had however,
a political dimension. According to the information received, the police had
used torture to link a group of dissidents to the commission of a crime.
33. The most frequently used methods are electric shocks, beating and
near-suffocation by means of a plastic bag placed over the head. (“Dry
submarine”).
34. It was reported that the Government was not taking effective action to
prevent torture, although in a number of cases heavy pressure had resulted in
disciplinary action against individual policemen. The judiciary, the
examining magistrates in particular, rarely charged police with torture.
Usually the less serious charge of unlawful pressure was preferred. Even in
that case convictions were virtually unknown.
35. The Special Rapporteur had also been informed of seven cases in
Buenos Aires city and province. In this connection the Government stated in
its reply that it was essential that the Special Rapporteur should identify
the unit concerned in an alleged unlawful act and the jurisdiction which had
received the complaints as well as the facts needed to establish the details
of each case. The Government annexed a list of regulations in force germane
to prevention of the use of torture. The cases mentioned are the following:
(a) Maria Eugenia Corvalán Alarcón, cashier in a restaurant in the
San Telmo district of Buenos Aires, was arrested on 4 June 1987 by police
searching the restaurant for drugs. She was taken to the police station where
she was beaten in the presence of witnesses, subjected to the dry submarine
treatment and put in a straitjacket. Various members of the police were
charged with the use of unlawful pressure. The Special Rapporteur does not
know whether a judical decision has been taken;
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(b) Carlos Delgado, waiter, was arrested in the Moreno district of
Buenos Aires by men in civilian clothes riding in a Ford Falcon without
licence plates. His hands and feet were tied and he was beaten on the stomach
and the soles of his feet while he was interrogated about a stolen motor
cycle. He was nearly suffocated by means of a nylon pouch placed over his
head. This took place in Moreno first district police station. A number of
police took him to a hospital were he was found to be suffering from haematoma
all over his body, particularly on the soles of his feet. One of the injuries
caused serious circulatory difficulties;
(c) Daniel Caviglia, age 16, was arrested in Luján on 23 July 1990 with
a number of other boy scouts by armed men in civilian clothes who took them to
the police station. All the scouts were beaten. Daniel Caviglia was
stripped, tied to a chair, subjected to the dry submarine treatment and
punched in the stomach. As a result of this incident two policemen are said
to have been dismissed from the force;
(d) Norberto Hadad was arrested in Luján on 8 August 1990 by members of
the detective squad. According to the report received he was handcuffed,
beaten and subjected to the dry submarine treatment in order to extract a
confession that he had obtained a vehicle illegally. As a result of the
torture an eardrum was perforated;
(e) Argentino Cabral was arrested on 7 November 1990 by members of the
police intelligence branch in connection with an attack on Barracas school a
few days earlier. He was beaten, subjected to the dry submarine treatment,
handcuffed to a wall and burnt on the shoulder, apparently with cigarettes;
(f) Anibal Monzón Novena was arrested on 23 November 1990 by members of
the intelligence branch. He was questioned about an organization called the
Union of Revolutionary Workers, subjected to the dry submarine treatment,
beaten, stripped and hung from the ceiling. He also underwent a mock
execution;
(g) Walter Bulacio, age 17, was arrested by the police on 19 April 1991
with other young people attending a rock concert. According to witnesses he
was severely beaten. As a result he had to be taken to hospital a few hours
later and died a week afterwards. The autopsy report stated that death was
caused by a congenital condition. The family's lawyers dispute this version
and note that according to a hospital medical report the youth had bruises on
his face and injuries to the skull and thorax.
With regard to the first six cases the Government stated that no complaints or
other material had been received by the Office of Human Rights. With regard
to the seventh case, the Government reported that Walter Bulacio's death had
been caused by a vascular cerebral incident brought on by excessive tension.
The police commissioner responsible for the arrest of Bulacio and the other
youths had been put on trial.
36. The Committee against Torture examined Argentina's periodic report at
its ninth session (9-20 November 1992) . The report is reproduced in document
CAT/C/17/Add.2.
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Bahra in
Information received from the Government on cases included in previous reports
37. On 10 January 1992 the Government replied to the case of the alleged
death as a result of torture of Mamdouh Mahdi Ahmad, which had been
transmitted by the Special Rapporteur on 18 October 1991. According to
the reply Mamdouh Mahdi Ahmad, who was not subjected to any form of torture,
exercised all the rights to which accused persons are entitled, including the
assistance of a lawyer and family visits in prison. His death on 19 May 1991
was in no way connected with the alleged torture.
Bangladesh
Information transmitted to the Government
38. By letter dated 12 November 1992 the Special Rapporteur communicated
to the Government of Bangladesh that he had received allegations with regard
to the practice of torture in the country. According to these allegations
on 25 March 1991 members of the Range Reserve Police Force fired at a crowd
in Bheramara, Kushtia district, and arrested five persons, Shukchand, Atiar,
Ripon, Biplab and Mannan, after having injured them. They were reportedly
taken to the local high school, which the police were using as a temporary
camp, where they were reportedly subjected to severe beating. As a result,
Biplab's leg was broken and Shukchand died.
39. The Special Rapporteur was also informed of 18 cases of torture and
ill-treatment in the Chittagong Hill Tracts. Among them were the following:
(a) Milan Kanti Chakma, Upali Chakma, Syamal Kanti Chakma, Dipankar
Chakma and Bimalendu Chakma. These persons were among a group of villagers
of Poapara village, in Kaukhali Upazilla, Chittagong Hill Tracts, who, on
20 March 1992, were summoned to the Kashkhali army camp. Once there they were
interrogated and subjected to various forms of torture. They were reportedly
hung from trees upside down, beaten severely, given electric shocks and water
was forced through their nostrils until they lost their hearing and became
unconscious;
(b) Silcham Chakma; Master Kamal Chakma, aged 16; Barpeda Chakma,
aged 17; Priyalal Chakma; Kula Mohan Chakma and Pindu Mohan Chakma. They were
among a group of persons who, on 20 May 1992, were arrested by army personnel
of Champa Tali camp, in Ghagra zone. Once in the camp they were interrogated
and subjected to severe beating with sticks and kicked with boots;
(c) Bina Chakma, aged 15; Mita Khisa, aged 13; Rakhi Sona Khisa,
aged 16; Karuna Chakma; Royna Chakma, aged 14; Urbasi Chakma and Tipu Rani
Chakma, aged 17. On 14 March 1992 members of the Chowdhuri Chara army camp
occupied by the 8th Engineering Corps of the Bangladesh Army led an operation
against the people of Krishnama Chara village in No. 71 Choto Mahapuram Mouza
and No. 78 Bagachari Mouza and raped the above-mentioned girls.
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40. In addition to the above-mentioned the Special Rapporteur sent an urgent
appeal to the Government on 21 February 1992 on behalf of Kanti Charan Chakma,
Bandi Charan Chakma, aged 17, and Tungo Chakma, with respect to whom fears
were expressed that they might be at risk of being tortured. According to the
information received, these persons were arrested on 14 January 1992, during
the campaign for local elections in Chittagong Hill Tracts. They were taken
to Baraitali army camp by members of the Bangladesh military stationed in
the Chittagong Hill Tracts. It was also reported that they were held
incommunicado and that another person arrested at the same time,
Mr. Abiran Chakma, had died as a result of excessive beating.
Information submitted by the Government in connection with Commission
resolution 1992/42
41. On 6 April 1992 the Government submitted a list of people who had been
killed or kidnapped in terrorist acts carried out in the Hill districts of
Bandarban, Khagrachari and Rangamati.
Bhutan
Information transmitted to the Government and replies received thereon
42. By letter dated 21 August 1991 the Special Rapporteur communicated to
the Government that he had received information on alleged abuse and torture,
including the rape of teenage girls and old women carried out by security
forces in Bhutan. He also communicated the following individual cases,
to which the Government replied on 20 October 1992.
43. Jayanarayan Bhandari was arrested without a warrant by the army
on 9 November 1991 and imprisoned in the district lail of Samdrupjongkhar,
where he was whipped and kicked on the genitals, punched in the stomach and
immersed in cold water. He was released on 21 February 1992.
44. with respect to this case the Government reported that
Jayanarayan Bhandari was arrested on 9 December 1991 for aiding and
abetting a terrorist. Investigations revealed that he made a full
confession of his links with the Bhutan Peoples Party as soon as he was
arrested. There is no evidence whatsoever to show that he was inhumanely
treated while in detention. There are strict government orders to police
officers not to torture or ill-treat prisoners in any way while in detention.
The agency in Bhutan which is responsible for investigating allegations of
torture or ill-treatment of prisoners and prosecution of those responsible is
the Ministry of Home Affairs. The investigations are carried out methodically
and thoroughly by senior officers not below the rank of director. whenever
any evidence is detected of police high-handedness or violation of rules and
regulations, the concerned police officers are severely punished. The
question of giving any compensation to the relatives of Jayanarayan Bhandari
does not arise as he confessed to aiding and abetting a terrorist, and he had
also participated in several acts of terrorism.
E / CN. 4 / 1993 / 26
page 16
45. In February 1991, Ramlal Kuitel, Dhan Bahadur Budathoki, Hem Bahadur
Budathoki and Bhanu Bahadur Neupane were arrested without warrant by the
army and taken to the Tashigang lail where they were severely beaten. In
particular, they were kicked and whipped while forced to stand upside down.
46. with respect to these cases the Government replied that these persons
were arrested by the Bhangtar subdistrict police and granted amnesty
on 4 February 1992. No evidence could be unearthed during the investigation
to indicate that the four detainees had been tortured or mistreated during
their detention.
47. Information was also transmitted to the Government on the cases of
three persons who were allegedly beaten to death by the Royal Bhutanese Army
in October 1991. Their names are Tikaram Subba, a student of grade VI at
Bukuli Primary School, village Royatar, Bukuli, Samdrupjongkhar district;
Mon Bahadur Darlee, aged 17, a student of grade V at Bakuli Primary School,
village Magori, Dalim district and Bhakta Bajadur Pokharel, from Dhumpa,
Dalim, Samdrupjongkhar district.
48. with respect to the case of Tikaram Subba, the Government reported that
he was taken to hospital on 1 October 1991 and died on 1 November 1991. The
medical report, dated 2 November 1991, indicated that he was suffering from
serious health problems. The allegation that he was beaten to death was
totally false and baseless.
49. On the case of Mon Bahadur Darjee, the Government replied that he was
apprehended on 11 November 1990 by the National Assembly member for Bhangtar,
Mr. R.B. Kharel, and the village headman of Bakuli, Mr. Taranidhi Sharma.
He was handed over to the Bhangtar subdistrict police by them on the same day.
The medical report, dated 7 October 1991, indicated that his health was poor
and that he died on 6 October 1991. The allegation that he was beaten to
death was totally false and baseless.
50. As for the case of Bhakta Bahadur Pokharel the Government reported that
his medical report dated 26 August 1991, indicated that his health was poor
and that he died on 25 August 1991. The allegation that he was beaten to
death was totally false and baseless.
51. According to the Government, in view of the seriousness of the off ences
committed by Bhakta Bajadur Pokharel, Mon Bahadur Darjee and Tikaram Subba,
all of them arrested for terrorist activities, the question of granting
compensation to their relatives does not arise.
Bolivia
Information transmitted to the Government
52. In a letter of 21 August 1992 the Special Rapporteur informed the
Government that the following four cases of torture were reported to have
occurred in Bolivia:
(a) Alvaro Garcia Linera and Raquel Gutiérrez de Garcia, a Mexican
citizen, were held in units of the Ministry of the Interior on 10 April 1992
E/cN. 4/1993/26
page 17
and tortured by means of electric shocks on the hands, thorax, genitals,
lower limbs and ears. Mrs. Gutiérrez was forced to remain for hours in the
so-called swine position and repeatedly kicked and beaten on the buttocks,
abdomen and lower limbs;
(b) Victor Ortiz and Macario Tola, prisoners in the Chonchocoro jail,
were arrested in April 1992 and tortured by means of blows and electric
shocks. Macario Tola was made to wear an earphone and listen to unbearably
high pitched sounds.
Brazil
Information transmitted to the Government and replies received thereon
53. In a letter of 7 september 1992 the special Rapporteur notified the
Government that he had received information on the practice of torture
in Brazil. According to the information, street children in Cuiabá,
Matto Grosso, are regularly beaten and maltreated by the police to make them
hand over part of the proceeds of their thefts. Children with nothing to hand
over or refusing to do so are taken to the police station and beaten, often
with the fist wrapped in a cloth so as not to leave marks. Children are often
taken in the trunk of a car to a place on the bank of the Cuiabá river called
man-eater by the police. There the children are tied to a post and held in
the river until they are nearly drowned. Children are told that they will be
killed if they report the maltreatment.
54. A report was received on the case of Mauro Martins solano, age 17,
who is alleged to have died after torture by the police who arrested him
on 22 september 1991 near his home in Cuiabá. He was accused of stealing
electrical appliances and taken to the santa Isabel police station and
tortured for several hours. According to his wife, who was also held by the
police, the torture included beating and immersion of the head in water until
the victim was on the point of suffocation. The police took Martins' body
to the hospital where they reported that he had suffered a heart attack.
The death certificate records the cause of death as suffocation caused by
immersion in water and the medical report states that the lungs contained
nearly a litre of water.
55. On 25 November 1992 the Government reported, with respect to this case,
that the Centro de Defesa dos Direitos da Pessoa Humana had requested from
the Mato Grosso state Attorney-General clarifications regarding measures
undertaken by his office to investigate the case and punish those responsible.
In reply, the state Attorney-General reported that a police investigation had
been opened on the episode and that the criminal proceeding had been submitted
to the criminal civil justice prosecutor.
56. The special Rapporteur also transmitted information to the Government
regarding Carlos Aparecido Ladislau, Antonio Pinheiro Azevedo, Laurentina
Aperecido dos santos, Gilson Alves da Cruz, Milton Luz, Elizeu de Jesus,
Marcio Bozoli, Macionil Fernandez do Prado, Fermino Lopes, Valdecir de Almeida
and Jorge Rosa de sousa all members of the landless rural workers' movement.
According to the complaints lodged, they were arrested by the military police
on 27 July 1991 at Taquaralzinho in Anasatacio, Matto Grosso do 5u1, and taken
E / CN. 4 / 1993 / 26
page 18
to the Aquiduana jail. Because of the maltreatment to which they were
subjected, one of the detainees had to be taken to hospital and the others
had difficulty in walking.
57. On 25 November 1992 the Government replied that information on
allegations of torture inflicted on these persons and the related measures
undertaken to investigate responsibilities had been requested by the Centro de
Defesa dos Direitos da Pessoa Humana from the Secretary of Public Security of
the State of Mato Grosso do Sul.
58. In addition to the foregoing, the Special Rapporteur transmitted an
urgent appeal on 11 June 1991 requesting comments from the Government with
regard to the death in police custody of Luiz Alexandre da Silva, a builder
with no criminal record, who was detained together with three other persons
named Reginaldo Silva, Ironaldo Batista and a minor known as “Marquinhos”, by
the São Paulo State military police on 22 April 1992 near his home in Itapevi.
Three hours later he was taken to the Itapevi police station, which is manned
by the civil police, where he died, allegedly as a result of severe beatings.
The autopsy by the official Legal Medical Institute reportedly stated that
Luiz Alexandre da Silva's body showed multiple bruises on the face, chest and
abdomen and superficial injuries on the limbs. It also showed extensive
internal haemorrhage in the chest resulting from the rupture of the heart and
major blood vessels. The forensic doctors concluded that the cause of the
death was acute haemorrhage caused by blunt trauma. The three men who were
detained together with Luiz Alexandre da Silva and said to have witnessed the
beatings were released by the police but went into hiding, allegedly in fear
for reprisals.
Burundi
Information transmitted to the Government
59. In a letter dated 21 August 1992 the Special Rapporteur informed the
Government that he had received information that many people of Hutu origin
had been arrested and tortured following rebel attacks in November 1991
on military and other installations at Bujumbura, Bunbaza and Cibitoke.
Attention was drawn to the following cases:
(a) Jean Berchmans Baragunzwa was arrested on 12 December 1991 at
Gihanga, Bubanza province, and taken to the Bubanza police station. His hands
were tied so tightly that his arms were badly hurt and he was unable to feed
himself;
(b) Charles Mugiraneza was also arrested on 12 December 1991.
He was tortured during interrogation by the security forces in Bubanza
police station. He received various injuries, notably to the foot;
(c) Isidore Ciiza was arrested at Bujumbure, Cibitoke, on
9 December 1991 and taken to special intelligence branch headquarters.
He was badly beaten and tortured during interrogation and two ribs were
broken. He received no treatment for his injuries.
E/cN. 4/1993/26
page 19
60. According to information received, 20 persons suspected of being members
of the Party for the Liberation of the Hutu People (PALIPEHUTU) were held at
the headquarters of the police special intelligence branch. They were
detained in a cell 5 metres by 4. Their hands were kept tied. They had
fractured bones and open wounds and do not appear to have received any medical
treatment.
61. The Special Rapporteur has also been informed that even before the
November incidents suspected members of PALIPEHUTU were commonly tortured in
gendarmeries and public security police detention centres. The method of
torture most frequently employed involved binding the arms of detainees very
tightly so that the shoulders were brought close together behind the back and
the rope cut into the flesh. Victims of this treatment are reported to have
contracted gangrene or suffered paralysis of the arms. In addition detainees
are often wounded with bayonets, beaten, particularly on the soles of the
feet, and forced to kneel on bottles or pebbles for hours at a time.
Cameroon
Information transmitted to the Government and replies received thereon
62. In a letter dated 21 August 1992 the Special Rapporteur advised the
Government that he had received information that a series of special laws,
most recently revised in late 1990, had empowered senior government officials
to detain people for long periods, sometimes indefinitely, without indictment
or trial. Cases of torture had occurred during these periods of detention.
It was becoming increasingly common for opponents of the regime or critics of
the Government to be detained for short periods without trial. During
detention they were subiected to torture and other cruel, inhuman and
degrading treatment. This typically took the form of beating on the soles of
the feet and the application of electric shocks. There has never been an
official inquiry into the alleged use of torture. The following cases have
been reported:
(a) Anicet Ekané and Henriette Ekwé were unlawfully held in solitary
confinement for several weeks in February 1990 and subiected to torture and
ill-treatment during interrogation. Anicet Ekané was stripped, beaten and
forced to remain on her feet without food or water for several days.
Henriette Ekwé was also denied food for three days when she was interrogated
by the police;
(b) Jean-Jaques Ekindi, a former government supporter resigned from the
ruling party, the Democratic Rally of the Cameroonian People, in May 1991 and
formed the Progressive Movement. On 23 september 1991 he was arrested while
trying to organize a political rally in Douala. He was held for less than
24 hours but is reported to have been tortured while in police custody and had
to be taken to hospital after he was released without any charges against him.
His wife and mother were also subiected to violence by the security forces but
were not arrested;
(c) Samuel Eboua of the National Union for Democracy and Progress
and Charles Tchougang of the Cameroonian Human Rights Organization and
15 important members and leaders of recently constituted opposition groups
E / CN. 4 / 1993 / 26
page 20
were also held for 24 hours about 24 September 1991 when they were organizing
a demonstration to protest against the detention of Jean-Jaques Ekindi.
They are reported to have been tortured and several had to receive hospital
treatment after release. Charles Tchoungang was beaten on the soles of the
feet with an iron rod and whipped with iron wire enclosed in a rubber tube.
Another detainee Samuel Eboua was shut up in a small dark cell in his
underclothing with four other prisoners and beaten;
(d) In November 1989 some 30 political prisoners in Nkondengui prison
were beaten and tortured and left without medical care after the prison
authorities found a radio receiver, a copy of the Koran, a chaplet and other
prohibited obiects in their cells. Some of the prisoners had been detained
without trial. Others had been convicted by special military courts or had
not been released after serving the terms to which they were sentenced after
the attempted coup d'etat of April 1984. Two prisoners are reported to have
died after being beaten and refused medical care. There has been no official
inquiry into their death or the alleged torture and ill-treatment;
(e) Zama Kimbi Ndefru and Elaise Eerinyuy. The Special Rapporteur has
received additional information on these cases with regard to which he made an
urgent appeal on 21 February 1992. According to the information received they
were beaten by at least 10 members of the military police in the presence of
the head of the local gendarmerie post. They were taken to the gendarmerie,
again beaten and drenched in cold water. After release Zama Zimbi Ndefru had
to receive hospital treatment.
63. The Special Rapporteur has received information concerning the unusually
harsh conditions in Tcholliré II prison in the north of the country which is
reported to have claimed many victims. Prisoners are not allowed to leave
their cells. The rations of water and food are inadequate and there is no
medical care. Prisoners thought to have complained are reported to have been
beaten and locked in an unlighted cell for seven days.
64. In addition to the Special Rapporteur made urgent appeals on behalf of
the following, who were feared to be in danger of subiection to torture. The
dates of the appeals are given in brackets at the end of the summaries.
65. Senfo Tonkam, the leader of a student organization, is reported to have
been arrested by members of the security forces at Douala during the night
of 17/18 November after attending a meeting of the opposition parties'
coordinating committee. According to the informant, many persons who were
arrested for political reasons during the preceding months were subiected to
torture in police stations (20 December 1991)
66. On 26 February 1992 the Government replied that Senfo Tonkam was in
custody at the central prison at Yaoundé awaiting trial. He was charged
with forgery, the use of forgeries and offences under the legislation on
names. He had access to medical treatment and could receive visits. He was
not subject to special restrictions and had not been tortured or subjected to
E/cN. 4/1993/26
page 21
ill-treatment. On 1 June 1992 the Government informed the Special Rapporteur
that Senfo Tonkam had been tried in a court of first instance and found guilty
on all counts.
67. Jean-Michel Nintcheu, a publisher and chairman of the opposition
Patriotic Rally and a member of Cap Liberte , the Committee for Popular Action
for Freedom and Democracy, and Emmanuel Wato, a computer specialist and
regional coordinator of Cap Liberte in Douala, were reported to have been
arrested without warrant on 3 January 1992 and taken to the police facilities
at Bonanjo, Douala. There they are reported to have been severely beaten.
As a result of the maltreatment, Jean-Michel Nintcheu was reported to be
incapable of walking and in precarious health. Neither prisoner had been
allowed to see a doctor or lawyer (29 January 1992)
68. Dr. Zama Kimbi Ndefru, leader of the Cameroon Anglophone Movement (CAM),
Stephen Ndi, leader of the CAM branch at Eamenda, Elaise Eerinyuy, secretary
of the branch and Gilbert Azeh, a student, were members of a group of
demonstrators who were arrested during a peaceful demonstration at Eamenda
on 11 February 1992 and taken to the gendarmerie. There witnesses saw some
of the detainees beaten with clubs and rifle butts. Later the detainees were
kept in solitary confinement (21 February 1992)
69. Hameni Eieuleu was beaten and arrested at N'Kongsamba on 5 November 1992
and later taken to Yaoundé where he was held in solitary confinement at the
gendarmerie headquarters. According to information received, he has not
received medical care although he is diabetic and in poor health
(2 December 1992)
70. After the declaration of a state of emergency in the north-west
province on 27 October 1992, mass arrests of members of the Social
Democratic Front (SDF) took place at Eamenda. Many of those arrested were
beaten. Some 200 people, including Ngalla Nfor, an SDF member, Peter Ngufor,
a businessman, Francis Sama, a lawyer, Ophelia R. Sendze, a lawyer, and
Nyo Wakai, a former president of the Supreme Court, are reported to have been
held in solitary confinement in the headquarters of the mixed mobile brigade,
the security police and the gendarmerie (11 December 1992)
Central African Republic
Information transmitted to the Government
71. On 27 October 1992 the Special Rapporteur addressed a letter to the
Government summarizing the information received concerning the death in
detention of Dr. Jean-Claude Konjugo, a 50-year-old optometrist and a member
of the Alliance for Progress. He had been arrested by the police at Eangui
on 1 August 1992 during a demonstration organized by the trade unions and
opposition political parties. He was taken to the gendarmerie post and hit so
hard that he was unable to stand up. He was taken to hospital and died there
a few hours later.
E / CN. 4 / 1993 / 26
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Chad
Information transmitted to the Government
72. The Special Rapporteur addressed two urgent appeals to the Government on
behalf of people who had been arrested and were believed to be in danger of
torture. The first was sent on 19 May 1992 and concerned a group of Chad
citizens who were reported to have been arrested in Nigeria in February 1992,
forcibly repatriated to Chad and imprisoned. Some of the people concerned
were said to have been confined in the former presidential palace at N'Diamena
and a police building known as the Centre for the Collection and Coordination
of Intelligence. Some prisoners are said to have died as a result of the
harsh conditions and ill-treatment.
73. The second appeal, sent on 11 December 1992, was on behalf of
Mahamat Khaled and Mahamat Issak who belonged to the opposition group known
as the Movement for Democracy and Development, and 13 other Chadians who were
presumed members of the group and had been living in exile in the Nigerian
State of Borno. According to the information received, they had been
repatriated to Chad and were confined in the Intelligence Centre at N'Diamena.
Chile
Information transmitted to the Government
74. In a letter dated 21 August 1992 the Special Rapporteur advised the
Government that he had received information on 17 cases of torture in the
years 1990-1992. They were:
(a) Bernada Eugenia Valenzuela Montecinos was arrested on 20 July 1990
at a peaceful, authorized demonstration. While she was under arrest she was
beaten with truncheons and kicked by police. According to a medical
certificate attached to the complaint lodged with the courts she sustained a
haematoma above the left eyebrow, a haematoma on the right knee and a synovial
cyst caused by injury to the left wrist;
(b) Juan Carlos Chavez Pilquil was detained by police at a street rally
called by an organization of relatives of disappeared detainees. He was taken
to the Santiago police headquarters where he was kicked, punched on the face,
nearly suffocated with a bag and handcuffed to a grille for hours;
(c) Jorge Alf redo de la Fuente Llanos and Mario Valenzuela Martinez
were arrested on 12 April 1991 during a police raid when they were passing
through La Pintana. They were taken to the 39th police station and questioned
by members of the missing vehicles section who asked them to spy on political
militants in their village. When they refused electric shocks were applied to
various parts of their bodies;
(d) Adán Eloy Pacheco Pinto was picked up by a large party of police
and civilians who broke into his house after an attack on the Teniente Merino
police station in Pudahuel. He was taken to the 3rd police station, where he
was interrogated, brutally kicked and beaten and not allowed to eat or sleep;
E/cN. 4/1993/26
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(e) Roberto Antonio Morales Pinochet was abducted in El Pinar square in
San Joaquin on 13 May 1991 by a party of unknown size of men suspected of
being members of government forces. He was blindfolded, pushed into a vehicle
and driven to a place where he was questioned about the whereabouts of a
person believed to have been involved in the death of Senator Guzmán.
Meanwhile he was kicked and punched. The men's fists were wrapped in damp
cloth so as not to leave visible injuries. After more than 6 hours he was
taken, still bound and blindfolded, and dumped on the public highway;
(f) Nelson Ernesto Ruz Aguilera was arrested in the street on
29 May 1991 by police and taken blindfolded to the 3rd police station. He was
subjected to intensive interrogation for seven days. For most of the time he
was left hanging or standing up. He was not given food or drink and was
beaten, chiefly on the head. The police threatened to injure members of his
family. He was held in solitary confinement for 23 days;
(g) Alf redo Herberto Marchant Figueroa was picked up in the street by
police on 30 May 1991. He was taken blindfolded to the 3rd police station,
blindfolded and subjected to intensive interrogation, in the course of which
he was repeatedly beaten. This went on for seven days during which he was
handcuffed and given no food. For four days he was not allowed to sleep. He
was also frequently exposed to the cold. He was held in solitary confinement
for 23 days;
(h) Francisco Javier Diaz Trujillo was picked up by police as he was
walking along the street. He was taken blindfolded to the Santiago 3rd police
station and interrogated. He was kicked and punched and beaten with a
hosepipe on the shoulders and arms. Damp cloths were used to soften the
blows. A lighter was used to inflict minor burns. This went on for seven
days during which he was not allowed to sleep, eat or drink and was forced to
stand for much of the time. He was held in solitary confinement for 23 days.
(i) Alicia Lira Matus, leader of the coordinating organization for
human rights and the Association of Families of Political Prisoners; Nélida
Molina Morgado and Lorena Reyes Anderson, members of the Movement against
Torture; José Antonio Sabat Méndez and Francisco Olea Lagos, leaders of the
National Commission for Juvenile Rights (CODEJU) were detained in
November 1991 while taking part in a peaceful demonstration and were taken to
the 1st Santiago police station where they were beaten, insulted and
threatened. Later the women were taken to the 38th police station where they
were forced to strip and were blindfolded;
(j) Ana Maria Sepülveda Sanhuesa was arrested in her home on
6 March 1992 by 15 or so men who did not identify themselves. She was taken
to the Central Investigations Barracks, blindfolded questioned, threatened,
stripped and given electric shocks;
(k) Cristián Cárdenas Jofre was arrested in the street on Monday
9 March 1992 and taken to the Central Investigations Barracks where he was
slapped, punched, kicked and given electric shocks on various parts of the
body;
E / CN. 4 / 1993 / 26
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(1) Mirentchu Vivanco Figueroa was arrested by police on 29 March 1992
in Villa Franca. He was taken first to the 21st police station and later to
the 38th. In both he was harassed and maltreated. In the first his head was
covered with a skirt and he was brutally beaten. His hair was pulled and he
was nearly suffocated. He was forced to assume unnatural positions and was
shut in a sort of cupboard.
75. The Special Rapporteur was also informed of the frequent maltreatment of
young conscripts during military service. His attention was drawn to three
cases:
(a) Antonio Lenin Sanchez Pardo began his military service on
1 May 1990 at the Peldehue paratroopers and special forces school. In
September 1990 he was subjected to various forms of torture, chiefly beating
and threats by soldiers of the 11th section under a lieutenant Vladilo;
(b) Jose Cristian Arriagada Melo began his military service at the
NCO's school, San Ignacio Street, Santiago. He was repeatedly maltreated by
his squad commander, sergeant René Opazo Riquelme, sergeants Salinas and
Eustos Pinochet and corporal Gonzáles Chamorro. On 12 November 1991 he was
treated for haematomas in the regimental sick quarters after being beaten by
sergeant Salinas;
(c) Jorge Antonio Concha Meza began his military service on
1 October 1991 at the La Reina telecommunications school and was later
transferred to Peldehue. In both places he was continuously harassed. At
Peldehue among other forms of corporal punishment he was subjected to beating
with blunt objects, punches on the neck and bites on the ear. On one occasion
after being beaten with sticks and ropes on the feet he went to the sick
quarters where he was again beaten on the feet with a radio lead. Later
corporals Eascunan and Peflailillo gave him and other recruits electric shocks
on the neck.
China
Information transmitted to the Government and replies received thereon
76. On 7 September 1992 the Special Rapporteur transmitted to the Government
of China a letter containing a summary of allegations received with regard to
the practice of torture in the country as well as a number of individual
cases. The Government replied to this letter on 28 October 1992. In addition
to this, the Special Rapporteur made six urgent appeals on behalf of persons
who, according to the information received, were at risk of being tortured.
The Government also sent replies with respect to some of them.
(a) Information regarding the practice of torture in general
77. According to the information received, torture and other forms of cruel,
inhuman or degrading treatment or punishment are a routine part of detention
in police stations, detention centres, labour camps and prisons with respect
to persons arrested for suspected nationalist activities or sympathies in the
Tibet Autonomous Region. The methods of torture most commonly mentioned in
the reports include the use of electric batons applied to the torso and
E/cN. 4/1993/26
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sometimes in the mouth, soles of the feet and genitals; the use of lighted
cigarettes to inflict burns; the use of dogs to bite detainees; the use of
manacles and chains to restrain prisoners for long periods; the practice of
making people stand outside for several days at a time, sometimes on blocks of
ice, and of making prisoners kneel on the point of triangular pieces of wood.
78. convicted prisoners are sometimes tortured or severely
ill-treated as a punishment for alleged breaches of prison discipline.
However, torture and mistreatment most often occur when detainees are held for
a few weeks or months without trial and then released, and prior to the laying
of formal charges. In these cases torture is an adiunct to the intensive
interrogation process and is reportedly carried out by Public Security
Bureau (PSE) or People's Armed Police (PAP) officers.
79. Detainees are questioned for several hours at a stretch, up to three or
four times a day, sometimes in the middle of the night. The interrogation
usually takes place in a room with one or two chairs and a table. The
detainee is sometimes made to strip naked and sit on the floor. While one
person takes notes, one or more interrogators alternate between questioning
and beating the prisoner. Until the questioning is completed detainees are
normally held incommunicado without access to legal counsel and isolated from
family and friends. On the other hand, there are reportedly no effective
official channels through which a detainee or a relative can make a complaint.
80. On 28 October 1992 the Government of china sent the following comments
which, at its request, are reproduced below in their entirety:
“1. Resolutely opposing and prohibiting all forms of torture has
consistently been the chinese Government's basic position. china has
long conscientiously banned torture, effectively guaranteed its citizens'
right to life and ensured that their individual dignity is not subiect to
unlawful encroachments. Its policy has always been that where there is a
law it can and must be adhered to, and breaches must be investigated; it
adheres to the principle that all citizens are equal before the law, and
treats with the utmost seriousness the incessant refinement of its
legislation and the incorporation of its ban on torture into the legal
system.
2. The chinese constitution and relevant legislation lay down
provisions for the prohibition of torture both in principle and in
substance: no citizen may be arrested without the approval of or an
order from a people's procuratorate or an order from a people's court, or
by anyone other than the public security authorities; unlawful taking
into custody and unlawful encroachment or limitation on citizens' right
to life by other means are prohibited; citizens' human dignity is
inviolable. Libelling, slandering, bringing false charges against or
framing citizens in any manner is prohibited. The chinese Penal code
lays down corresponding penalties for torture: that is, for the crimes
of extracting confessions by torture, unlawfully taking into custody,
unlawfully placing under surveillance, illegally conducting searches,
libel and slander, inflicting corporal punishment on or ill-treating
prisoners, unlawfully encroaching on citizens' freedom of religious
belief or violating the customs and traditions of ethnic minorities, and
E / CN. 4 / 1993 / 26
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so forth. The Penal Code also stipulates that if State employees inflict
bodily suffering or disguised bodily suffering on persons undergoing
investigation or convicts serving sentence as a means of extracting
statements, the law enforcement authorities must apply penalties
corresponding to the seriousness of the crime. Where torture does not
result in lasting physical injury, it is to be treated as a serious case
of “causing bodily harm”, punishable by three to seven years'
imprisonment; if death ensues, the punishment is from seven years to life
in prison. Chinese legislation also contains provisions to prevent and
prohibit torture during law enforcement procedures. The Administrative
Suits Act, promulgated in 1990, permits citizens to seek legal protection
when their rights are violated by a State institution or its staff, and
provides a direct and effective channel.
3. In China, the essential rights of convicts serving sentence are
legally protected. Not only are convicts given essential material life,
medical care, industrial safety and labour protection, but they also have
the right to appeal, to defence and to physical safety and the individual
rights not to be humiliated, to complain, to report offences, etc. No
criminals are deprived of their political rights, they are all entitled
to exercise their votes in accordance with the law.
4. The Chinese law enforcement authorities investigate and punish
individuals guilty of torture every year, mostly State employees who use
torture to extract confessions and prison warders who inflict corporal
punishment on or mistreat inmates. Under the law, when cases of torture
are investigated there are normally two methods of proceeding. In one,
the public security organs or procuratorate register the case and carry
out the investigation, then pass the case to the courts for trial; in the
second, the investigation is handled by the administrative authorities.
The competent administrative body is the supervisory department, which
handles civic discipline; it is required to refer any case which may
constitute a crime to the law enforcement authorities, which conduct the
investigation in accordance with legal procedure.
S. To check whether penalties are being properly applied in convicts'
housing quarters, prisons and other correction through labour facilities
and whether inmates are being subjected to corporal punishment or
ill-treatment, special prison inspection mechanisms have been set up in
every procuratorate. Some of these are based at prisons and custodial
units, some work on a day-to-day inspection pattern. The departments in
charge of such matters in the public security organs must, when
investigating the handling of a case by public security personnel,
investigate whether confessions have been extracted by torture besides
looking into working procedures and methods. Public security organs at
every level normally have legal, supervisory and disciplinary departments
and a complaints centre which will accept reports and complaints of
torture and beatings, and will mount conscientious inquiries into any
cases of confessions extracted by torture or similar infringements of
citizens' right to life that arise. Where breaches of discipline by
prisoners lead to injuries among inmates, an inspection is carried out by
medical personnel; in the event of deaths, an inquest is held by the
medical examiner attached to a people's procuratorate or people's court.
E/cN. 4/1993/26
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6. chinese legislation also stipulates that individuals who have
suffered injury owing to violations of their civil rights by State organs
or State employees are legally entitled to seek compensation. Article 41
of the constitution states: citizens who have suffered losses through
infringement of their civic rights by any State organ or functionary have
the right to compensation in accordance with the law. Article 67 of the
Administrative Suits Act states: If the lawful rights and interests of
any citizen, body corporate or other organization are violated or injured
as a result of a specific administrative act by an administrative body or
employee thereof, that individual, body corporate or other organization
shall be entitled to seek compensation. Article 42 of the Public Order
Regulations states: If the penalty imposed on a citizen by the public
security organs for a breach of public order is incorrect, the error must
be acknowledged to the injured party and any confiscated property must be
restored; where the injured party's lawful rights and interests have
suffered, compensation must be made for the loss.
china is currently stepping up the preparatory work for and
formulation of a compensation act. Before this act is finalized, the
most important items of torture victims' claims for compensation, such as
medical expenses, lost earnings, supplementary food costs and so forth,
after approval by administrative and law enforcement authorities, can be
negotiated or ruled on by an administrative body; alternatively the
courts can hear a civil or administrative suit in conjunction with
criminal proceedings and issue a compensation order.
7. The chinese law enforcement authorities have always upheld
criminals' legal rights and afforded them humane treatment. The
accusation in the enclosure to your letter that torture in Tibet and
other parts of china is “routine” is entirely unfounded. The list of
cases detailing all manner of cruel ill-treatment and torture inflicted
on criminals is nothing but fictitious and malicious rumours”.
(b) Individual cases transmitted to the Government
81. Sonam Dolkar was arrested without a warrant on 29 July 1990 by a group of
approximately 20 policemen who also searched her house in Lhasa. She was then
taken to Seitru prison (Prison Section No. 4, part of the Sangyip prison
complex) . From 2 August 1990 she was stripped naked and given electric shocks
or other forms of torture every second day for six months. She was also
sexually violated with an electric baton. She received no medical treatment
until February 1991, when a prison doctor warned that she was close to death
and the torture sessions stopped. She was not allowed out of her cell at any
time and never saw other prisoners. She was not provided with a mattress or
blanket.
82. The Government reported that Sonam Dolkar was investigated in July 1990
in accordance with the law for supplying information to an enemy agency
outside the country and engaging in illegal activities with a view to the
overthrow of the Government. As she acknowledged her guilt and her behaviour
was good, she was able to confess her crime of her own volition and undertook
not to transgress again. The chinese public security organs on
17 January 1991 showed leniency as provided by law and ordered her release.
E / CN. 4 / 1993 / 26
page 28
83. Lobsang Tenzin and Tempa wangdrak, both prisoners in Drapchi, were
severely beaten and put in solitary confinement after they tried to hand a
petition to a delegation of United States diplomats who visited the prison in
March 1991.
84. with respect to these cases, the Government reported that
on 1 April 1991, during a visit by the former Permanent Representative of the
United States to China to prisons in the Tibet Autonomous Region, one
criminal, Tempa wangdrak, asked another, Lobsang Tenzin, to slip a note he had
prepared to one of the visitors. The prison, in accordance with prison
regulations, assigned both of them to a brief period of confinement as
punishment; the alleged severe beating and placing in solitary confinement did
not occur.
85. Ngawang Zoepa, from Doe, Damshung region, reportedly serving a five- or
six-year sentence; Kelsang Gyaltsen, reportedly serving a six-year sentence;
Ngawang Tsondrue, reportedly serving a four- or five- year sentence;
Ngawang Legshe, reportedly serving a four- or five-year sentence;
Ngawang Namgyal, from Damshung, reportedly serving a three- or four-year
sentence. These five monks from Ding-gar, a Tibetan Buddhist monastery in
Toelung Dechen near Lhasa, were reportedly detained on the afternoon of
17 March 1991 while attempting to unfurl a Tibetan nationalist banner at the
start of a demonstration in the Barkhor area. A witness alleged that the
monks were beaten by officers of the Public Security Bureau, and that one of
the monks appeared to have had his hand broken.
86. with respect to these cases, the Government reported that Ngawang Zoepa,
Ngawang Legshe and Ngawang Namgyal were sentenced by the Lhasa municipal
people's intermediate court in March 1991 respectively to six, four and three
years' imprisonment for engaging in unlawful activities aimed at the division
of the country and the overthrow of the Government.
87. Tsering Taschi, a monk of Sera monastery from Medro Lapdong, was arrested
and severely beaten for taking part in a demonstration in the Bakhor area of
Lhasa on 26 May 1991. He was then taken to Gutsa prison and forced to give
blood.
88. Ngawang Tsepak; Sonam Lhamo, from Tachi Lhoka; Ngawang Choezom, from
Lhoka Chonggye; Phuntsog Tendrol; Pasang wangmo; Pasang Drolma; Dechen Drolma;
Lobsang Choedron; Dawa Chazom. These nine nuns from the Chubsant and Shungsep
nunneries were reportedly arrested in Lhasa in September 1989 and taken to
Gutsa prison, while in detention they were hung from their arms and feet,
beaten and given electric shocks.
89. A number of detainees in prisons and detention centres in the Tibet
Autonomous Region are in recent years reported to have died in custody, or
within weeks of their release, apparently as a result of ill-treatment or lack
of medical care while in detention. The following cases, in particular, were
reported:
(a) Tsamla, a woman trader from Lhasa, died in late August or early
September 1991, about three months after her release from two and a half years
in detention at Gutsa detention centre. She was held incommunicado for at
E/cN. 4/1993/26
page 29
least the first six weeks of her detention, during which time she is said to
have been repeatedly beaten and kicked while undergoing interrogation. Her
condition worsened over her months in detention, and in May or June 1991 she
was reportedly taken to a clinic near Gutsa and then to Lhasa People's
Hospital, where exploratory surgery was apparently performed, finding that she
had suffered a ruptured spleen. While in hospital, she was apparently told
that she had been released and should go home. She died at home about three
months later, apparently as a result of the injuries she sustained in custody;
(b) Yeshe (ye-shes), a painter from Lhasa, resident of Tarpo Lingka,
was arrested at around midnight on 8 March 1989 after having allegedly
participated in demonstrations a few days earlier. He was severely beaten in
prison and was badly bruised. He sustained severe damage to the genitals and
when he was released in July or August, he was unable to hold his bladder and
to walk. He died on 22 August 1989;
(c) Chozed Tenpa Choephel (chos-mdzad bstan-pa chos-'phel), was
arrested in January 1988 and severely beaten in prison. On 24 August 1989 he
was transferred from a prison in the Sangyip complex to Lhasa People's
Hospital. Reports say that he died either the following day or on 27 August.
According to the statement of an eyewitness, the body was “entirely
black-blue”.
90. In the above-mentioned letter of 7 September 1992 the Special Rapporteur
also transmitted to the Government of China information on the case of:
Han Dongfang, a labour activist during the 1989 pro-democracy protests, who
was seriously ill-treated on 14 May 1992 at the Dongcheng District People's
Court in Beijing, where he had been summoned to discuss a housing order. He
was severely beaten with electric batons by court personnel who did not stop
until they noticed that Han Dongfang was having serious breathing problems.
The beatings reportedly caused his chest cavity to fill with fluid.
91. The Special Rapporteur also informed the Government that he had received
a report containing allegations of torture against persons arrested in
connection with the 1989 pro-democracy movement and kept in the prisons of
Hunan province, particularly those of Yuanjiang, Hengyang, Lingling, Huai'hua,
Chenzhou, Longxi and Changsha. The following cases, in particular, were
reported.
92. Yu Zhijian and Yu Dongyue, prisoners at Lingling prison, have allegedly
been kept in solitary confinement cells since late 1989 and subjected to
different physical tortures. As a result, their health has deteriorated
dramatically and Yu Dongyue has lost control of his excretory functions.
93. With respect to the case of Yu Zhijian from Liuyang county in
Hunan province, the Government reported that he was sentenced on
11 August 1989 by the Beijing municipal people's intermediate court to life
imprisonment and stripped of his political rights for life for breach of the
criminal law. As for Yu Dongyue from Liuyang county in Hunan province, the
Government reported that he was sentenced on 8 August 1989 by the Beijing
municipal people's intermediate court to 20 years' imprisonment and stripped
of his political rights for five years for breach of the criminal law.
E / CN. 4 / 1993 / 26
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94. Pen Yuzhang, a retired professor of Hunan University, was arrested in
mid-June 1989 and taken to Changsha No. 1 jail. During his imprisonment he
was reportedly placed for about three months on a device known as the “shackle
board” - a horizontal plank roughly the size of a door, equipped with metal
shackles at the four corners and a large hole at the lower end. The prisoner
is laid upwards on the board, and his hands and feet are secured by the four
shackles. The hole allows the prisoner to perform basic bodily functions.
95. The Government informed that Pen Yuzhang, male, an employee of Hunan
University, was taken into custody by the Changsha municipal public security
bureau for taking part in the 1989 riots, but was later released.
96. Zhou Zhirong was sentenced in 1990 to seven years' imprisonment and sent
to Longxi prison. On 12 February 1991 he was transferred to a solitary
confinement punishment unit at Provincial No. 3 prison in Hunan's Lingling
prefecture. Once there, he was reportedly put on a “shackle board” and kept
there for a full three months.
97. The Government reported that Zhou Zhirong, from Anxiang county in Hunan
province, was sentenced on 29 March 1990 by the Hunan provincial people's
intermediate court to five years' imprisonment and stripped of his political
rights for two years for breach of the criminal law.
98. Fan Zhong, arrested at the end of June 1989, was held in
Changsha No. 2 jail where he was reportedly given repeated shocks by an
electric baton to sensitive parts of the body. He was also put on the
“shackle board”.
99. The Government reported that Fan Zhong was taken into custody by the
public security bureau for taking part in the riots in 1989, but was later
released.
100. Chen Gang, a worker at the Xiangtan Electrical Machinery Factory, was
convicted in June 1989 and allegedly kept shackled hand and foot for a
10-month period.
101. The Government reported that Chen Gang, male, was sentenced to death,
suspended for two years, in August 1989 for gangsterism by the people's
intermediate court in the city of Xiangtan. He is still serving his sentence.
102. In addition to the above-mentioned, the Special Rapporteur transmitted to
the Government of China six urgent appeals on behalf of the following persons,
regarding whom fears were expressed that they might be subjected to torture.
The date on which they were sent is mentioned in brackets at the end of the
corresponding summary.
103. Gao Shuxian, a former cadre of the Hengyang Petroleum Company, was
arrested in August 1989 in Hengyang and charged with embezzling funds from the
company he ran. According to the reports he was held incommunicado for over
two years and beaten during interrogation by an investigator from the Hengyang
Southern District Procuratorate. As a result, he has reportedly lost the
hearing in one of his ears; however, he was not allowed to see a doctor or
given any treatment for the injury. His complaints to various local
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authorities about his treatment reportedly received no response. Moreover, he
had reportedly not yet been indicted or tried and it was feared that he might
be subjected to further ill-treatment to press him to admit to the charges.
(7 February 1992)
104. Liu Gang, Zhang Ming and Kong Xianfeng, students; Tang Yuanjuan, Li Wei
and Leng Wanbao, workers at the Changchung No. 1 Car Manufacturing Factory.
According to the reports these six dissidents, sentenced to prison terms
ranging from 3 to 20 years and imprisoned at the Lingyuan labour camp in
Liaoning province, north-east China, were being severely ill-treated. In
addition to being forced to work up to 14 hours a day, they were frequently
kicked and beaten with fists, electrified batons and leather belts. Three
months before Lin Gang reportedly had his arm broken by jail warders.
(14 February 1992)
los. with respect to these cases, the Government replied on 29 April 1992 that
Liu Gang, Tang Yuanjun, Kong Xianfeng, Zhang Ming, Li wei and Leng wanyu were
convicted in accordance with the law for breaches of the Chinese Penal Code,
and were serving their sentences with the Liaoyuan Reform-through-Labour
Detachment in Liaoning province. The arduousness of the work assigned to
Liu Gang and the others, and their working hours, were the same as for other
convicts, and they had never been required to perform work which exceeded
their strength or extended beyond the established hours. They were in good
health, and had never been maltreated by prison officials. The suggestion
that Liu's arm had been broken was utter nonsense.
106. Tanak Jigme Zangpo and three other prisoners held at Drapchi prison, 3 km
north of Lhasa, had been held in punishment cells in a state of total
isolation after being accused of shouting slogans calling for Tibetan
independence during the visit made to the prison by four Swiss diplomats
on 6 December 1991. (4 March 1992)
107. Mr. Karma, Mr. Monlam and Mr. Gyatso were arrested between 17
and 19 March 1992 at Gyama Trigang village in Maldro Gungkar district of
Lhasa. According to the reports they were arrested in connection with the
appearance of some wall-in the district, and taken to the Maldro Gungkar
district prison where they were allegedly beaten. (5 June 1992)
108. with respect to these cases the Government reported on 26 october 1992
that the Tibetan public security organs had made repeated inquiries, but as
far back as 1990 there was no record of anyone named Karma, Monlam or Gyatso
being arrested in Lhasa.
109. Ren wanding, a prisoner at Beijing No. 2 prison who is said to be in
danger of losing his eyesight if he does not receive urgent medical attention.
According to the reports, Ren wanding was at risk of suffering a retinal
detachment, which could lead to a permanent loss of vision, despite which he
had not been given adequate treatment since July 1991. (9 November 1992)
110. On 24 November 1992 the Government reported that Ren wanding was being
humanely treated in prison. He was in good health and his vision was normal.
There were absolutely no grounds for claiming he was in danger of “going
blind”.
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111. Ngawang Dechoe, arrested on 10 April 1991; Ngawang Gomchen, arrested in
August 1991; Ngawang Zangpo, arrested in August 1991; Jampel Nyima, arrested
in August 1991; Ngawang Ludrup, arrested on 16 May 1991. According to the
reports, these five Tibetan monks from the Drepung monastery were being held
at the Gutsa detention centre run by the police (P53) and have been tortured.
Fears have been expressed that they may further be subjected to this kind of
treatment. (17 November 1992)
Colombia
Information transmitted to the Government
112. In a letter dated 21 August 1992 the Special Rapporteur informed the
Government that he had received reports on the following cases of torture
alleged to have occurred in Colombia:
(a) Jaime Ramirez Corzo, José del Carmen Najas and Omar Merchan were
arrested at Esmeralda, Arauca, on 5 March 1991 by a military patrol which
accused them of being members of a guerilla band. They were stripped,
tortured and threatened with death. Jaime Ramirez was forced to drink salted
water without stopping for breath and his head was held under water. He was
also forced to lie on the ground while a soldier jumped on his stomach.
Before being released they were required to sign a document saying that they
had been correctly treated by the army;
(b) Harold Alexander Jaramillo, Raül Maria Salazar Villareal,
Estanislao Anaya and Nelson Jaimes Quintero were arrested in Barrancabermeja,
Santander, on 28 september 1991 by members of the national police (SIJIN)
They were taken to the police barracks and interrogated. Because of their
replies the detainees were held down in water tanks, stripped, tied up and
later brutally beaten. Their noses and mouths were covered with towels soaked
in salted water and they were given electric shocks of up to 220 volts. They
were repeatedly threatened with rape. In the cases of Mr. Anaya and
Mr. Quintero an inquiry was held and disciplinary action was taken against the
policemen concerned;
(c) Norman Alexander Trujillo Correa and Alberto Alarcón Salcedo, both
students, were snatched on 2 November 1991 by soldiers of the Maza mechanized
group from the Carlos Rosas store on La Angelita road in El Zulia
(North Santander) . They were forced to lie on the ground face up and their
hands were tied. Wet towels were stuffed in their months to prevent them from
breathing and they were brutally beaten. soldiers jumped on their stomachs;
(d) Hugo Varela Mondragón, a lawyer, journalist and member of the
National Committee of People's Housing Organizations (CENPAVI) was held at
Palmira (Valle) on 21 April 1992 by armed men who identified themselves as
members of F-2. The next day his body was found with signs of torture in
Puente Vélez, Jamundi;
(e) Pablo Leon a plantation manager, was tortured on 19 July 1992 by
soldiers of Mobile Brigade 2 near San Vicente, Magdalena Medio. The soldiers
threatened to kill him. A complaint was lodged with the municipal attorney;
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(f) Samuel Fernando Rojas Motoa, a member of the executive committee of
the United Workers Organization (CUT) in Valle del Cauca and of the Cartago
municipal workers' union was taken from his home on 4 June 1992 by members of
the intelligence unit (3-2) of the Ayacucho battalion stationed in Manizales,
Caldas, and driven to the Ansema military base where he was tortured,
threatened with death and subjected to a mock execution. He was then taken to
the San Mateo battalion in Pereira, Risaralda, where he was again questioned,
threatened with death and not allowed to sleep;
(g) José Delfin Torres Castro, police inspector at Tabeta, El Cerrito,
Santander is reported to have been tortured on 9 June 1992 before being
executed by a military patrol belonging to the Garcia Rovira battalion;
(h) Oscar de Jesus Silva Gutiérrez, a member of the committee for
solidarity with political prisoners and a student leader, was detained in Cali
on 1 May 1992 by members of the national police who beat and threatened him;
(i) Gabriel Flores Oviedo, chairman of the national association of
peasant land users and a member of the Chucuri human rights organization was
arrested by soldiers on 22 June 1992 at Montebello, San Vicente de Chucuri,
Santander. He was tortured while under interrogation.
113. The Special Rapporteur also received information concerning the case of
Mrs. Yolanda Gonzalez Villamar, an inmate of the Good Shepherd National
women's prison who died of a heat attack on 8 February 1992. According to the
information received, Mrs. Gonzalez Villamizar had been in poor health but had
not been allowed to leave the prison to obtain proper hospital treatment. She
received little or no medical care in prison.
114. In conformity with resolution 1992/59, “Cooperation with representatives
of United Nations human rights bodies”, the Special Rapporteur made an urgent
appeal to the Government in connection with information received concerning
the cases of César Chaparro Nivia, a trade unionist and member of the
Patriotic union, and Vladimir Hincapié Galeano. On 29 February 1992 the two
men were arrested by members of the administrative security department in the
Kennedy district of Bogota and taken to the department's premises. During the
arrest Mr. Chaparro Nivea was hit by bullets. At about 5 p.m. Mr. Hincapié
Galeano was admitted to the San Juan de Dios hospital with injuries reported
to have been caused by torture. At 12.35 the next day Mr. Chaparro was also
admitted to the hospital. According to witnesses both men were constantly
guarded by security department agents who prevented them from communicating
with their families. Mr. Chaparro, who died on 4 March, told a nurse that
he had been tortured and asked her to inform the public prosecutor's office.
On 18 March at 6.30 p.m. his wife, Margarita Agudelo Alzate, and her brother,
Hernando Agudelo Alzate, received death threats from an anonymous telephone
caller. The threats are reported to have been prompted by the family's
complaint to the public prosecutor's office concerning Mr. Chaparro's death.
E / CN. 4 / 1993 / 26
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Information received from the Government with respect to cases included in
previous reports
115. On 21 July 1992 the Government forwarded a reply concerning the case of
Mr. Emiro Eustamente who was detained in Sucre on 10 February 1989. The case
was brought to the Government's attention on 6 June 1990 (E/CN.4/1991/17,
para.49) . The reply stated that Mr. Eustamente had been arrested by police
from the San Benito Abad station on 11 February 1989 and released the
following day. The Human Rights Office considered that Mr. Eustamente's
allegations of torture were unconvincing and in a decision dated 4 May 1992
ruled against a formal disciplinary enquiry and ordered the case to be filed.
Information received from the Government in connection with Commission
resolution 1992/42
116. In a letter of 24 July 1992 the Government reported that the activities
of various violent groups external to the State were a direct impediment to
the enjoyment of the rights set out in the Declaration on Human Rights and
such instruments as the International Covenants on Economic, Social and
Cultural Rights and on Civil and Political Rights. These activities had a
variety of effects on the rights established in the instruments cited and
besides causing material losses had a serious impact on the nation's social
and political life. Many of the victims were well known and highly regarded
political trade union and civic leaders.
Cuba
Information transmitted to the Government and replies received thereon
117. The Special Rapporteur informed the Government in a letter
of 21 August 1992 that he had received information on various cases of
torture and maltreatment in Cuba. The Government replied in a communication
dated 2 November 1992.
118. Some of the cases mentioned involved the 10 prisoners in the combined
eastern prison listed below.
119. Jesus Hernández Luis was severely beaten on the head with wooden bats and
electric prods on 9 November 1991 because he asked for more food. In spite of
his injuries he was refused medical assistance and was sent to a punishment
cell.
120. The Government reported that there had been no incident involving the
prisoner. There was no trace of such an incident in the prison records and
the prisoner stated that he had never been placed in a punishment cell and had
not been maltreated.
121. In November 1991 Luis Enrique Ramos was handcuffed and beaten with
electric prods until he fainted because he had asked for more food.
122. The Government reported that no prisoner answering this description
appears in the prison records.
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123. Leonel Earó Abscal, Pedro Eduardo Caseira, René Téllez Gonzalez and
Leonardo Mascaquel Gómez were severely beaten with truncheons, batons and
hosepipes on 2 December 1991. Leonardo Mascaquel Gómez suffered a broken arm.
124. The Government reported that on 20 December 1991 the prisoners mentioned
and various cellmates caused an outbreak of disorder in the cell. This was
brought to an end after the prison authorities interviewed the ringleaders
(Casellas Diaz and Téllez Gonzalez) and persuaded them not to go on. No other
measures were needed to restore order. There were no victims and no one was
inj ured.
125. Daniel Erito Vázquez was beaten with truncheons by some recruits
on 21 May 1991 and had to be admitted to the prison hospital.
126. The Government reported that no prisoner answering this description
appears in the prison records.
127. José Ramón Morales Hernández, a prisoner in the special area of
building 1 was beaten with a rubber club by sergeant Alejandro, chief warder
of the unit, on 28 April 1991. He suffered haematoma on the stomach, shoulder
and chest.
128. The Government reported that the prisoner attacked a prison warder. The
latter used his regulation truncheon to beat off the attack. Disciplinary
action was taken against the warder since the disciplinary tribunal ruled that
the prisoner could have been controlled without use of the truncheon.
Morales Hernández was released on 13 september 1991.
129. Carlos Font Reyes was beaten with rubber truncheons on 4 May 1991 by the
warder Erasmo and other soldiers in the special area of building 2.
130. The Government reported that no prisoner answering this description
appears in the prison records.
131. santiago A. Miranda Castillo was severely beaten on 27 December 1991. A
cut on the left cheek required three stitches. His right arm was fractured
and he lost consciousness and was taken to the prison hospital.
132. The Government stated that the prisoner's name is santiago Miranda
Rodriguez and that he has not been involved in any incident. On
26 December 1991 he received medical assistance for an injury to the left
elbow. It was caused by an accident and was not the result of violence.
133. The special Rapporteur also transmitted information to the Government on
the following 11 cases.
134. Noel Toledo Delgado, of Remedios, was hit with a club and kicked in the
stomach by a guard in section 3 of the Villaclara provincial prison in
April 1991.
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135. The Government states that the prisoner was hit by a warder in the
provincial prison. The guard appeared before a disciplinary tribunal and was
dismissed from the service. The prisoner suffered no sequelae as a result of
the incident.
136. Arnaldo Perez Marti, of Remedios, was beaten up by a group of guards in
the Villaclara provincial prison led by Lieutenant Juan de la Cruz. The
prisoner was placed in solitary confinement and lost consciousness twice.
137. The Government reported that the prisoner, who had several convictions,
had committed a number of breaches of prison discipline. In February 1991, he
attacked a warder who complained of a breach of discipline. The prisoner was
brought under control by the prison authorities and sentenced by a competent
court to an additional three months' imprisonment, the penalty for assault.
138. Raul Figueroa Castro, of Caibarién, was brutally beaten on 14 March 1991
in the Villaclara, provincial prison by 10 Ministry of the Interior guards led
by sergeant Joaquin Calloso. The latter kicked him in the mouth causing a cut
on the upper lip that required three stitches. The other guards participating
were Savino Gonzalez Rodriguez, Gustavo, Machin, Omar, Mann and Mesa who hit
him with clubs and machetes. He was then locked in a punishment cell.
139. The Government stated that the prisoner attacked and injured a warder in
the Villaclara provincial prison on 14 March 1991. The other warders
intervened to bring the prisoner under control. The prisoner has since been
released.
140. Antonio Serrano, known as Tony Arcenta, was savagely beaten by
sergeant Llero in the Kilo 7 prison, Camaguey, in early February 1991. The
prisoner had to be placed in the intensive care unit of the hospital.
141. The Government stated that Rodriguez Serrano was serving a 30-year
sentence for various crimes, including murder, assault and theft, which had
been the subject of 11 trials. On 6 February 1992 he quarrelled with another
prisoner, Maurilio Pino Eatueca, inflicting a 12 centimetre wound on the cheek
with a crude weapon. The prison authorities intervened. After order was
restored sergeant Osvaldo Yero Cervantes exceeded his duty and beat the
prisoner, who was taken to the provincial hospital for treatment.
Sergeant Yero Cervantes was sentenced to six months imprisonment.
Rodriguez Serrano will face trial for assault.
142. Bernardo Cruz Perez was badly beaten by sergeant Alexis Olivera and the
jailer Humberto in Alambrada de Manacas prison. He had to be taken to the
infirmary for treatment. Later he was again beaten up. Covered with wounds,
bleeding and denied medical attention, he was shut up in a punishment cell.
143. The Government states that there is an inmate of the Manacas prison with
the second surname Mena, not Perez. He has not been involved in incidents
with the warders. This is corroborated by the prison records and the prisoner
himself.
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144. Daniel Cardó Hernández, an inmate of the Boniato prison, was severely
beaten in May 1991. He was later taken to the general police barracks in
Havana and then rushed to the Carlos J. Finelay military hospital.
145. The Government states that the prisoner was not beaten on the date given
or on an earlier or later date.
146. Jorge Nuard Rodriguez, an inmate of the Canaleta, Ciego de Avila prison,
injected oil into his arms in order to receive medical attention. Instead of
receiving assistance, he was sent to a punishment cell and stayed there
12 days. On 7 June 1991 at 2 p.m. he was taken from the cell unconscious and
with gangrene in both arms. His arms had to be amputated at the shoulder.
147. The Government states that the prisoner injected the oil in the hope that
the injuries would secure his release. He received immediate medical care,
initially at the provincial hospital and later at the Moron hospital. His
arms had to be amputated because of the danger of death from generalized
sepsis caused by the gangrene. He was subsequently released on humanitarian
grounds.
148. Pedro Luis Garcia, of Manacas, Villaclara, was struck by
sergeant Alexis Olivera with a truncheon on 27 June 1991 in the Alambrada de
Manacas prison. Other guards beat him with rubber truncheons. Covered with
wounds he was shut up in an isolation cell.
149. The Government states that the prisoner was not maltreated by the prison
authorities while in Manacas prison. This has been corroborated by
Pedro Luis Garcia, who is now out of prison.
150. Mario Santana Fontela, of Santa Clara, was brutally beaten by a guard of
section 2 of the Santa Clara provincial prison on 30 April 1991.
151. The Government states that the prisoner disobeyed orders on 30 April 1991
and refused to return to his cell. He attacked a warder who had to use his
regulation truncheon to defend himself. The tribunal that investigated the
incident found the warder had acted in the performance of his duty and in self
defence to bring the prisoner under control. He had not gone beyond the
bounds of duty.
152. Francisco Martes Sanchez, aged 16, of El Cerro, an inmate of Jovellanos,
was forced to squat although he was known to suffer from asthma. When he
refused he was brutally beaten and had to be rushed to the ColOn hospital
where he died on 20 July 1991. The authorities claim that he died of asthma.
One of the people who took him to hospital alleges that he died of a brain
haemorrhage caused by blows on the head and that his body was covered with
haematoma.
153. The Government states that the prisoner's proper name was Francisco
Montes Sanchez. The records, together with the testimony of witnesses and
documents, show that the prisoner was the victim of a heart attack which
caused his death while he was being taken to a treatment centre where he could
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receive the medical care required by an acute attack of asthma. The autopsy
established that the asthma attack was the cause of the fatal events. It does
not record any sign of external violence.
154. If rain Suárez Lezcano, an inmate of the Santa Clara prison, was beaten
with hosepipes and kicked by a party of guards, Hector Morales Otero,
Iosvani Calloso, Osmany Mederos Gutiérrez and Miguel Lopez Montero.
155. The Government states that Efrain Suárez Lezcano quarrelled with another
prisoner while they were playing prohibited games. The prison authorities
intervened and did not use excessive force in the discharge of their duty.
156. The Special Rapporteur also informed the Government that he had received
reports of harsh conditions of detention including beating, and including
medical and pharmacological attention suffered by a group of inmates with AIDS
in the eastern combined prison. Their names are Oscar Perez Celles,
Ismael Duquesne Arteaga, Heriberto Pedro Almeida, Abel Martinez Marto,
Ariel Rodriguez Leon, Lázaro Valdés Ramirez and Güilf redo Reinaldo
Aguilar Garcia.
157. The Government states that Ismael Duquesne died as a result of AIDS on
11 July 1992 in the Miguel Enriquez civil hospital in Havana. Abel Martinez
Matos was released on 8 July 1992 on completion of his sentence. There is no
trace of a prisoner with the name Lázaro Valdés Ramirez in the prison or
hospital records. Oscar Perez Celles, Heriberto Pedro Almeida, Ariel
Rodriguez LeOn and Guilf redo Reinaldo Aguilar Garcia receive treatment in
prison similar to that received by other patients suffering from the virus in
the national health system hospitals. This includes enriched diet and
specialized medical and pharmacological care. None of the prisoners mentioned
has been beaten or maltreated by the prison authorities.
D i ibouti
Information transmitted to the Government
158. In a letter of 21 August 1992, the Special Rapporteur informed the
Government that he had received allegations that most persons arrested in
Djibouti in political cases were tortured shortly after their initial
interrogation. Torture was normally inflicted by members of the information
and security service, such as the Ambouli brigade, also known as Villa
Christopher or the northern brigade. Prisoners are generally tortured while
in police custody when they cannot be visited by members of their family,
lawyers or medical personnel.
159. Torture appears to be used principally to induce detainees to make
statements incriminating others that can be used before the examining
magistrate. Questioning by the examining magistrate after the period of
police custody is conducted in the presence of members of the security forces,
notably those responsible for torturing or maltreating the person under
interrogation. In most cases members of the judicial police are alleged to
have threatened prisoners with further torture in the course of their journey
from the detention centre to the prosecutors department if they do not confirm
the statements they signed while in police custody.
E/cN. 4/1993/26
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160. The most commonly used methods of torture are: a bottle forced into the
anus, cigarette burns, blows, particularly on the genitals, electric shocks,
the swing, in which the prisoner is suspended with the hands and feet tied to
a rod supported on trestles. The prisoner has a gag in the mouth and is
beaten with ropes, hosepipes or sticks. In this position he is insulted and
the gag is soaked in liquids which the victim is forced to swallow to choking
point. The liquids used include soapy water, dirty water and bleach.
Attention was drawn to three specific cases:
(a) Kassim Ahmed Dini, an official in the Ministry for Foreign Affairs,
and Ali Couba, a bank manager, who were arrested in August 1990 for possession
of pamphlets criticizing the government and advocating a multiparty system.
During his detention in the north brigade's quarters the former was kept tied
to a rod standing on a chair, so that if he made a move to get down from the
chair he was left hanging on the rod. Ali Couba was sublected to the swing,
beating and electric shocks;
(b) Houmed Dini Ali (known as Lakisso) was arrested at Tadlourah in
April 1989. As a result of maltreatment while in police custody, his law was
broken and a rib was cracked.
Dominican Republic
Information transmitted to the Government
161. In a letter of 7 september 1992 the special Rapporteur advised the
Government that he had received information concerning the case of
Felipe de Jesus Medrano Garcia, director of the cultural promotion unit of the
autonomous university of santo Domingo. He was arrested at his home by
personnel of the national police forgery squad and was taken to the police
palace where he was kept until 24 January, when he was released. He was
beaten with a wooden bat on various parts of the body including the buttocks
and the loins. He was also struck on the left ear with a rubber truncheon.
Equatorial Guinea
Information transmitted to the Government
162. In a letter of 21 August 1992 the special Rapporteur informed the
Government that he had received information about the torture and resulting
death of the following persons:
(a) Alberto Alogo, of Ndumu Eseng, Ebebiyin, Kie Ntem. He died in
early 1990 in the Eata police station;
(b) Diosdado Abaga Nvo, of Milee Nsomo, Ebebiyin, Kia Ntem. He died on
5 July 1991 after detention by the Makabo police. The death certificate gives
the cause of death as severe bruises all over the body, in particular the
chest and abdomen and multiple wounds and haematoma.
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163. The Special Rapporteur also received information on the case of
Mr. Nicolas Masoko Elonga, a member of the Social Democratic Coalition, who
was detained by police from 16 to 24 December 1991. He was tied up and
flogged with a cudgel until he fainted.
164. The Special Rapporteur also addressed urgent appeals to the Government on
behalf of the following who were, according to his informants, in danger of
torture or maltreatment. The dates of the appeals are given in brackets at
the end of the summaries of the various cases.
165. Plácido Mikó Abogo, founded of the Convergence for Social Democracy
Party, and Pedro Motu Mamiaga were arrested at Malabo, the former on 9 and the
latter on 23 February 1992 and taken to the barracks used by Moroccan
soldiers. According to eye witnesses, Plácido Mikó Abogo was brutally beaten
by eight policemen before he was removed and suffered serious injury.
Pedro Motu Mamiaga was arrested only a few days after he had been released
under a general amnesty law. (27 February 1992)
166. Pilar Mañana was arrested by security police during the afternoon
of 10 June 1992 when she was in the bar of her property in Malabo. The report
states that she was arrested for possession of a copy of the opposition
publication “Convergencia para la democracia social”. Another factor may have
been her Kinsman, Jose Nuumba Mañana's membership of the opposition. He was
himself arrested in May 1992 and subsequently released. (30 June 1992)
Eqvpt
Information transmitted to the Government and replies received thereon
167. By letter dated 4 September 1992 the Special Rapporteur transmitted to
the Government of Egypt a summary of the main allegations received with regard
to the practice of torture in the country, as well as a number of individual
cases. In addition to this, the Special Rapporteur made two urgent appeals on
behalf of persons who, according to the information received, were at risk of
being tortured.
(a) Information transmitted to the Government with regard to the practice of
torture in general
168. The Special Rapporteur was informed that torture had become routine
police procedure carried out by ordinary police officers in police stations as
well as by officers of the State Security Intelligence (SSI) at its diverse
headquarters in Cairo and the provinces and even in some prisons such as the
Tora. Torture is administered with the aim of extracting confessions or to
punish political opponents and suspects.
169. Torture was reportedly restored in Egypt with the imposition of the state
of emergency in the wake of the assassination of former President Anwar Sadat
in 1981 and in conjunction with the phenomenon of violence committed by some
political Islamist groups. Persons suspected of belonging to these groups
have accounted for the bulk of torture victims during the past decade.
E/cN. 4/1993/26
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170. Torture has not been limited to suspected Islamist activists, however.
It has come to include among its victims persons suspected of belonging to
Nasserist and Communist organizations, Christians accused of enticing Muslims
to convert and Muslims accused of converting to Christianity. Torture victims
have also included journalists, lawyers, workers, doctors, engineers,
university school students and school children. Palestinian residents and
visitors have also been among the victims of torture in Egypt.
171. Along with the political cases, Egyptian citizens are reportedly exposed
on a daily basis to inhuman and degrading treatment in police stations.
Torture and mistreatment have become routine police procedure in the
investigation of ordinary crimes and the interrogation of suspects.
172. Methods of torture include the stubbing of burning cigarette ends into
the bodies of the victims, beatings with whips and leather straps as well as
with solid objects, hanging in extremely awkward positions for long periods
resulting occasionally in temporary or permanent paralysis, and the
application of electric shocks to the genitals and to other sensitive parts of
the body. Torture is normally accompanied by other forms of abuse, including
verbal abuse and threats to kill the victim, rape him or rape his wife or
women kinfolk. Prolonged incommunicado detention, permitted under state of
emergency legislation, facilitates the practice of torture.
173. Information was received, in particular, with respect to abuses against
convicted prisoners, administrative detainees and prisoners in protective
custody incarcerated in the Tora prisons complex. These include imposing the
whipping penalty and solitary confinement, with the latter punishment being
widely practised by the Tora prisons authorities without adhering to the
limits set by the law. Furthermore, prisoners are mistreated by denying them
their daytime outings on the prison grounds and the visits of family members.
In addition, there is a high incidence of repeated removal from prison in the
middle of the night of many political prisoners, who are taken to the State
Security Intelligence headquarters in Lazoughly where they are brutally
tortured. Prisoners are most likely to be exposed to such treatment during
the early part of their confinement.
174. Political detainees who are charged, and who claim to have been subjected
to torture, may be examined by forensic medical doctors at the request of the
nivaba (state procuracy) or the trial court. However, administrative
detainees, held without charge or trial, usually have no opportunity to submit
a complaint about their treatment to the competent authorities.
175. Medical examinations have often taken place long after the alleged
torture occurred. However, in some cases forensic medical doctors have been
able to conclude that physical marks on the bodies of political detainees are
consistent with the methods of torture they describe and with the date on
which the torture is alleged to have taken place.
176. The Special Rapporteur also received reports critizing Law 396 (1965) on
the Regulation of Prisons, which in article 43, paragraph 7, allows the
whipping of prisoners as a disciplinary penalty; the prisoner may be punished
by being whipped not in excess of 36 lashes, and if the prisoner is under
17 years of age, the whip is replaced by a thin stick and the beating should
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not exceed 10 lashes. The punishment of whipping is applied in all prisons -
including the Tora prisons - by tying up the prisoner, half naked, to a wooden
structure. In addition, Law 396 also allows solitary confinement as a
disciplinary punishment for prisoners, restricting the duration of a single
penalty to no more than 15 days. According to the information received, this
period is often exceeded in the Tora prisons complex and some detainees spend
the whole period of their administrative detention in solitary confinement.
177. According to the reports, torture victims do not normally make formal
complaints, either because they do not believe any steps will be taken to
investigate them or because they fear reprisals. The public prosecution finds
it sufficient merely to record its observation of signs of physical abuse but
does not engage in a serious effort to pursue the culprits.
(b) Individual cases transmitted to the Government
178. Mohammad Mu'taz'Ali'Abd al-Karim was 15 years old when he was arrested
and tortured in 1990. On the first occasion, in May, he was held for
two months. He was at liberty for only two weeks before he was rearrested and
he remained in detention until 4 January 1991. During this time he was held
by the SSI in Minya, in Upper Egypt, and in Istiqbal Tora prison outside
Cairo; he was held in solitary confinement in a basement cell for about a
month. He was blindfolded and his hands and feet were tied. He was
reportedly stripped of his clothes and suspended from a bar resting on two
tables. The soles of his feet were beaten. When his feet became swollen he
was made to run or cold water was poured over them to bring the swelling down.
179. Hana' ‘Ali Farrag was a 17-year-old student when she was arrested at her
home in Minya towards the end of July 1990. she was suspended from a bar
upside down and beaten on the soles of her feet with a thick wooden stick.
180. Dr. Ahmed Isma'il Mahmoud, a medical doctor, was arrested
on 17 October 1990 when mass arrests followed the assassination of the speaker
of the People's Assembly, and was accused of having links with the Muslim
Brothers. He was held initially at the 551 centre in Gaber bin Hayyan street
where he was blindfolded and stripped of his clothes, and his hands and feet
bound tightly. He was said to have been beaten hard on the face and electric
shocks were applied to his genitals. This treatment continued for four days,
during which he was reportedly denied food and left alone, with no clothes, in
a filthy room. He was taken to Abu Za'abal prison where he remained for
11 days, and was then transferred to the 551 Lazoughly square headquarters,
where the torture reportedly continued, in particular the electric shocks.
181. Mohammad Khalaf Youssef, a teacher, was arrested at his home in Asyut on
the night of 15/16 December 1990. During his detention he was severely
beaten, his wife threatened with torture, given electric shocks to sensitive
parts of the body and suspended from the wrists.
182. Adel sayyid Qassim sha'ban was arrested in November 1990 in connection
with the assassination in October 1990 of the former speaker of the People's
Assembly. During his detention he was beaten on various parts of the body,
given electric shocks and suspended from his hands bound behind his back.
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183. Al-Shadhly Ebeid Al-Saghir, a lawyer, was arrested at safaga by security
service agents on 9 september 1991 and taken to the Central security Forces
camp at Hurghada. Before being transferred to the Istiqbal Tora prison he was
severely beaten, suspended and given electric shocks. He had already been
arrested on 7 June 1991 and subjected to torture, as a result of which his
right arm was temporarily paralysed.
184. Abdel Moneim Gamal al-Din, a journalist with the weekly al-shaab , in
september 1989 was called into the 551 headquarters in Giza, from where he was
taken, blindfolded, to Lazoughly. There he was tortured and interrogated
while blindfolded for several hours by a number of officers. The torture
involved the application of electric shocks to sensitive parts of the body as
well as beatings that resulted in injuries and oedema in his hands, thighs and
feet.
185. Talaat Fouad Qassem, an engineer, was arrested several times in 1988/89.
In the Istiqbal Tora prison he was held in solitary confinement in the
disciplinary wing in an extremely tiny cell in which all air outlets had been
sealed with the exception of one small hole. He was denied healthy food,
clean water, necessary medication, bedding and covering and was allowed out of
the cell to go to the toilet for only a few minutes each day. He was also
subjected to systematic torture at the 551 headquarters in Lazoughly, to which
he would be taken from the prison in the period between 1.00 and 4.00 a.m.
The torture at Lazoughly included severe beatings, pulling out the hairs of
his beard, and the application of electric shocks.
186. Muhammad Rashad Abdurrahim al-Imam, from Mansoura, was arrested and
severely beaten in front of his family, as a result of which he became deaf in
the left ear and his left shoulder was dislocated. He was also given electric
shocks.
187. Kassab Mohamed Abbas was arrested on 11 May 1988 and accused of forming
an organization aiming at a coup d'etat . Following his arrest, he was put on
a chair that was suspended upside down. In this position he was beaten with a
whip and leather belts. subsequently he was transferred to Abuza'abal prison,
where he was beaten, and to Tora prison where he spent 13 months in solitary
confinement.
188. Tal'at Fuad Qassim, an engineer, was arrested in 1988 several times and
held, among other places, in the 551 headquarters in Lazoughly and in the Tora
prison. He remained for long periods in solitary confinement and was
repeatedly beaten and given electric shocks.
189. Atif Jamil Mahmoud, from Minya, was arrested on 5 February 1992 by a
security force of 20 men who took him to the new SSI building in Minya. He
was reportedly kept handcuffed and lying on the floor while he was given
electric shocks. When he was released a few hours later he was unable to move
one of his arms and to urinate.
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190. Ahmad Thabet Muhammed, aged 17, was arrested in Assyut on
27 November 1991 and kept in detention until 6 February 1992. He was held
incommunicado, first at the local SSI office in Assyut and then at a Central
Security Forces military camp outside the city. On several occasions he was
reportedly doused with water and given electric shocks right away. On one
occasion his hands were cuffed in front, his ankles tied and he was suspended
between two chairs from a pole placed under his legs; then he was beaten on
the soles of the feet. He was also hanged on a door, with his hands cuffed
behind his back, while the torturers kept opening and closing the door.
191. Ahmad Fathey Hafez, aged 17, was arrested at his school in Minya
on 20 November 1991 and held without charge until 5 February 1992. while in
the new SSI building in Minya, he was given electric shocks.
192. Fathiyya Sayyid Muhammed el-Kurd was arrested in February 1992 and taken
to the SSI headquarters at Lazoughly where she was insulted, beaten on the
face and given electric shocks.
193. Hani Abd el-Magd Haneh Saim was arrested in Tanta, north of Cairo, in
October 1991 and taken to the SSI building. He was reportedly beaten, boxed
about the face and given electric shocks.
194. Medhat al-Sayyid Ahmad was arrested on 15 November 1991 in Assyut and
taken to the Central Security Forces camp. He was reportedly hanged over a
door for short periods, doused with hot and cold water and shocked with
electricity. He was also hanged from the ceiling by iron chains placed around
his wrists.
195. Khalid Sayyid Mahmoud was arrested in Assyut on 16 November 1991 and
taken first to the Assyut police station and the SSI building and later to the
Central Security Forces camp outside Assyut. He was reportedly doused with
hot and cold water and given electric shocks in sensitive parts of the body.
196. Khalid Muhammed Ahmad Omar, a civil engineer from Alexandria, was
arrested on 25 October 1991 and taken, after some days, to Lazoughly. There
he was beaten and given electric shocks on his nipples and genitals. For
five hours he remained tied by his cuffed hands to the metal bars of a window,
with his feet lust touching the ground.
197. In addition to the above-mentioned, the Special Rapporteur made urgent
appeals on behalf of the following persons, with regard to whom fears were
expressed that they might be sublected to torture. The date on which they
were sent is given in brackets at the end of the summary.
198. Haron Talha, a medical doctor, was arrested in the Governorate of Domyat
for having given medical care to two persons who had been shot by a police
officer. Despite the fact that the Public Prosecutor ordered his release, he
was rearrested under the emergency law. (9 January 1992)
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199. On 8 April 1992, the Government reported, that Haroun Talha had been
arrested on 22 December 1991 on suspicion of harbouring some fugitives accused
of assaulting Lieutenant Colonel Mutawi Abu Naga at Damietta. He was released
on bail in February 1992. No evidence was found of his having been subjected
to torture, since he did not submit any complaint to the competent
authorities.
200. Hassan Izz ed-Din Malik, Muhammad Khairat al-Shatir and Taher Abdel
Moneim were arrested on 5 February 1992 at the headquarters of the Salsabil
Computer Company, 186 Hijaz Street, Heliopolis, by state security personnel
who took them to the Tora prison on suspicion of membership of the Ikhwan
al-Muslimin group. (2 March 1992)
(c) Follow-up to cases included in previous reports
201. By the same above-mentioned letter of 4 September 1992 the Special
Rapporteur transmitted to the Government additional information with respect
to the cases of:
(a) Mohammad al-Sayyid Higazi. An urgent appeal had been made on his
behalf on 23 September 1991 and the Government replied on 19 November 1991
(see E/cN.4/1992/17, paras. 76-77) . According to the additional reports
received, Mohammad al-Sayyid Higazi was tortured for several weeks at the SSI,
Doqqi branch, Cairo, and at the SSI headquarters in Lazoughly Square, Cairo.
After being detained initially in Doqqi on 18 August 1991, he was reportedly
transferred to Istiqbal Tora prison. He was returned a few days later to the
headquarters of the SSI in Lazoughly Square, where he was allegedly held for
two more weeks and tortured. He was then taken back to prison. Methods of
torture included electric shocks on sensitive parts of the body and hanging
him by his wrists for long periods of time.
(b) Afifi Matlar. His case was transmitted to the Government on
18 October 1991. On 24 October 1991 the Government reported that no
complaints had been filed with the judicial authorities concerning his
subjection to torture or ill-treatment (see E/CN.4/1992/17, paras. 84 and 86)
On 26 January 1992 the Government again reported that an exceptional measure
had been taken against Muhammad Afifi Amer Matlar on 2 March 1991 for security
reasons in view of his engagement in activities prejudicial to the country's
security. However, he was released on 9 May 1991 and there is no evidence of
his subjection to any form of torture during the period of his detention.
Additional reports received by the Special Rapporteur in 1992 indicate that
Mr. Matlar's lawyer had informed both the Prosecutor General and the Court
about the torture and that, nevertheless, no action had been taken.
202. with respect to the case of Mamdouh Ali Youssef's wife, transmitted by
the Special Rapporteur on 18 October 1991 (see E/CN.4/1992/17, para. 85), the
Government reported on 26 January 1992 that no evidence was found concerning
her miscarriage as a result of torture. She gave birth to a child, as a
result of the pregnancy in question, close to the time when her husband was
arrested.
E / CN. 4 / 1993 / 26
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El Salvador
Information transmitted to the Government
203. In a letter of 21 August 1992 the Special Rapporteur informed the
Government that he had received information on the following cases of torture:
(a) Ulises Arnulfo Rivas Hernández, age 18, was arrested in
San Salvador by the national police and was beaten over a period of
three days. The torturers threatened to kill him and prevented him from
sleeping.
(b) Hugo Ernesto Sanchez Rosas, a shoemaker was arrested by the
national police on 6 June 1991 on the boulevard del Elercito, Ilopango,
San Salvador. He was taken to the central barracks, led to an extremely cold
room and brutally beaten.
(c) Carlos Baltazar Recinos Cortez was arrested by the national guard
on 11 September 1989 in Armenia, Sonsonate. He was taken to the national
guard post and subiected to tortures such as electric shocks on the left
nipple and the “weighing machine” (in which a container is tied to the
victim's testicles and filled with sand or other heavy material, causing
severe pain) . The tortures repeatedly threatened to kill him.
Information received from the Government in connection with Commission
resolution 1992/42
204. The Special Rapporteur took note of a number of communications from the
Government listing in chronological order a series of attacks on lives and
property carried out by the Farabundo Marti Front for National Liberation
in 1992.
Greece
Information transmitted to the Government and replies received thereon
205. By letter dated 21 August 1992 the Special Rapporteur communicated to the
Government that he had received information concerning the practice of torture
in the country. The Government replied to this letter on 30 october 1992.
206. According to that information, law enforcement officials have tortured or
ill-treated individuals or groups of people in their custody. The branches
responsible are said to be the Security Police, which is in charge of criminal
investigations, and the regular police which carry out general policing
duties. It was also reported that detainees are frequently not given the
right to communicate with a lawyer until the interrogation is over and they
have signed a statement. On the other hand, Greek law does not ensure the
right of a person in initial police detention to communicate with relatives or
friends. Whether or not a detainee is permitted to contact relatives is left
to the discretion of the police officer responsible for the investigation.
These legal shortcomings reportedly contribute to the practice of torture.
E/cN. 4/1993/26
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207. In addition to the above, many of the officials who allegedly inflicted
severe injuries on people in their custody apparently went unpunished and
continued in their duties. In addition, some judicial officers do not appear
to be investigating allegations adequately and in some cases have failed to
take appropriate action when alleged torture or ill-treatment has been brought
to their attention by victims or their lawyers. The following 21 individual
cases were reported.
208. Dimitris Vavatsikos was arrested with a friend on 5 February 1990 in
central Athens. They were reportedly beaten with wooden clubs and verbally
abused by police from the E Police Station.
209. with respect to this case, the Government reported that Mr. Vavatsikos
was among a group of demonstrators who were arrested and taken first to the
4th Police Station of Athens and later to the Security Division of Attica.
while in these places, he neither mentioned any injuries nor asked to have a
medical examination and the policemen did not notice any visible signs of
ill-treatment. The policemen's behaviour towards Mr. Vavatsikos and all the
other persons was legal and appropriate. Any injuries he possibly sustained
were due to his participation in the riots during which he was arrested and
were undoubtedly caused prior to his arrrest. Apparently, Mr. Vavatsikos was
injured during the clashes between policemen and demonstrators.
210. Kostas Stamateas was arrested on 5 February 1990 near Omonia Square,
Athens, and forced into a police van where he was reportedly beaten with
wooden clubs and verbally abused. A medical report certified grazing,
swelling and bruising on the face, head and other parts of his body.
211. with respect to this case, the Government reported that Mr. Stamateas and
two accomplices had been arrested for breaching the Arms Act and transferred
to the Security Directorate of Attica by Police Sergeant Vlavogilakis. The
behaviour of the police officers during the transfer and detention of the
three persons was legal and appropriate. Any wounding of Mr. Stamateas was
due to his participation in the incidents during which he was arrested,
possibly during the fight between police officers and demonstrators, and was
caused, in any case, before his detention. His two accomplices did not
complain of any ill-treatment, and he himself did not lodge a complaint
against the police officers.
212. Sotirios Kalogrias was arrested on 24 March 1990, together with a friend,
at Exarchia Square. They were pushed inside a police van where they were
punched and verbally abused by about 15 police officers. Subsequently they
were taken to the Security Police Headquarters in handcuffs where police
officers allegedly continued to beat Sotirios Kalogrias on his face.
213. The Government replied that although the forensic surgeon characterized
the bodily injury suffered by Sotirios Kalogrias as light, the Public
Prosecutor of Athens started legal proceedings against the policemen for
causing dangerous bodily injuries which, according to the penal legislation in
force, is punishable by serious penal sanctions. On 24 July 1992 two
policemen were committed for trial, which will be held on 6 October 1993. If
they are convicted the relevant disciplinary sanctions would be imposed on
them.
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214. Sehmus Ukus, a Kurd and Turkish citizen, was detained on 4 July 1990 by
police in central Athens. He was reportedly taken to an area of high ground,
stripped naked and hung from a tree. He was later taken down, burned on the
soles of his feet and his genitals with a cigarette lighter and beaten with
sticks.
215. The Government replied that Mr. tJkus had filed a complaint against
three policemen at the Public Prosecutor's office. After the corresponding
investigation was concluded, the complaint was rejected as unfounded, as a
result of which Mr. Ukus was not examined by a forensic surgeon. He did not
lodge an appeal against the decision. The results of the inquiry ordered by
the Ministry of Public Order and carried out by the Security Division of
Attica were also negative.
216. Pantelis Tsoumbris was arrested on 16 January 1991 in Athens by two
policemen who beat him on the head, feet, back and genitals with their
truncheons. Afterwards, they took him to the G Police Station where the
beatings continued.
217. The Government replied that the Public Prosecutor of the Magistrate's
Court of Athens started legal proceedings against Sergeant Palskovitis and
Constables Theofilopoulos and Ntovros for light physical injury and verbal
abuse against Mr. Tsoumbris. The trial was fixed for 4 December 1992.
Mr. Tsoumbris can claim an indemnity for moral injury during the trial. In
addition to this, the Ministry of Public Order, on the basis of the
administrative investigation carried out, judged that the three policemen had
committed a disciplinary offence and imposed fines on them.
218. Suleiman Akyar, a Turkish refugee, was detained in Athens
on 21 January 1991, on suspicion of being a drug dealer. Subsequently, he was
taken to the KAT Hospital in Athens, where he was operated on for a ruptured
small intestine. The hospital reportedly found fractures of three ribs,
severe cranial and brain injury, extensive bruising on his body and injuries
on his genitals. He died on 29 January.
219. The Government reported that the injury and death of Suleiman Akyar
provoked the immediate response of the Ministry of Public Order and the
competent police authorities. From the very first moment, all requirements
for a detailed and objective judicial and administrative investigation of the
case were ensured. The judicial investigation is being conducted by the
19th Regular Examining Magistrate of Athens. The administrative investigation
revealed that Akyar's death was a result of the physical injury caused by the
blows he received from the police who were defending themselves, using
analogous means. However, it was considered appropriate that the judgement as
to what constituted a necessary level of defence should be left to the judge.
If the police involved in the incident are convicted, the corresponding severe
disciplinary sanctions would also be imposed.
220. Vasilis Makrinitsas, Vasilis Makripoulias and Argyris Kavatas were
punched, kicked and threatened with revolvers at the Security Police Station
in Thebes on 7 April 1991. One of them had a cigarette put out on his face.
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221. The Government reported that on 11 April 1991 Vasilios Makripoulias and
Argyrios Kavatas appeared spontaneously at the police station in Thebes and
testified under oath that they wished to withdraw the charges they had filed
against two police officers and that they did not wish them to be prosecuted,
adding that on 7 April 1991 (the date on which they had filed the complaint)
they had acted under the influence of alcohol. Nevertheless, the Ministry of
Public Order ordered an administrative investigation on 9 April 1991, which
was completed on 25 April 1991. The results showed that the acts of the
police officers during the arrest and detention of the complainants had been
correct and, as a consequence, no disciplinary measures were taken against
them.
222. Artan Malaj, a 17-year-old Albanian, was arrested by the police
on 3 May 1991 and taken to the General Security in Alexandras Avenue, Athens.
While in custody he was beaten in the head and stomach.
223. The Government reported that, according to the preliminary investigation
ordered by the Public Prosecutor of the Magistrate's Court in Athens,
Mr. Malaj ‘ 5 injuries were caused by his fall from the stolen motorbike he was
driving. On this basis, the Public Prosecutor dismissed the complaint as
unfounded. The results of the administrative investigation, based on
Artan Malaj's depositions, as well as on those of the involved citizens and
police officers, on the medical examination report and on the file of
proceedings of the case showed, inter alia , that Mr. Malaj ‘s allegations were
unreliable and that he had filed a complaint to the Public Prosecutor only
after an unsuccessful attempt to escape, obviously for reasons of revenge.
224. Mehmet Hayrettin Arat, a Kurd and a Turkish citizen, was arrested
on 25 June 1991 on drug-related charges. While in custody he was punched in
the face, threatened with a revolver and had a plastic bag put over his head
so he could not breathe. He was also subjected to falanga (beating on the
soles of the feet) , after which he was forced to run on his swollen feet.
225. The Government replied that no complaints for ill-treatment had been
lodged with any judicial or administrative authorities during the course of
the legal case against Mr. Mehmet Hayrettin Arat. His co-defendants, one of
whom was his compatriot, made no mention of ill-treatment.
226. Dimitris Papatheodoros, a businessman, was arrested on 4 July 1991 in
Athens by the police who took him to the 4th Police Station. While in custody
he was slapped, kicked and hit, made to strip naked and subjected to a body
search.
227. The Government reported that the 13th (police) Magistrate of Athens is
carrying out the preliminary investigation. The Ministry of Public Order has
not taken a definite decision about any disciplinary responsibility of the
policemen involved in this case, pending a decision by the judicial
authorities.
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228. Stella Evgenikou was arrested on 18 July 1991 by some 10 riot policemen
who kicked and beat her with truncheons. She was subsequently taken to police
headquarters where she was reportedly hit again on her face. The
Evangelismos Hospital found that she had bruises on her thorax and
two fractured ribs.
229. The Government replied that the Council of Magistrates in Athens
committed Constable Harilaos Dervas to a three-member magistrate's court to be
tried for simple physical injury. When Ms. Evgenikou was informed of this,
she lodged an appeal. No decision has yet been taken concerning this appeal.
The Police Operations Division of Attica, when informed of the order of
committal, ordered an administrative investigation; this investigation has not
yet been completed.
230. Avgoustis Anastasakos was arrested in September 1991 on suspicion of
theft at Patmos Island by policemen who, after tying his hands behind his
back, kicked him in the neck, face and genital organs. Afterwards, they
reportedly hit him on his back with cables and broke one of his teeth.
231. The Government reported that the Public Prosecutor of Kos ordered a
preliminary examination by a judicial official in order to ascertain whether
there was reason for penal action. This examination is still being carried
out by a magistrate from Athens. The administrative investigation determined
that the bruises and scratches borne by Avgoustis Anastasakos had been caused
some days before his arrest and detention, according to the medical report,
and that the behaviour of the police officers had been lawful and proper.
232. Pavlos Nathaniel and Kostas Diavolitsis were hit with clubs and kicked by
policemen who handcuffed them together in September 1991, in Athens. As a
result, Kostas Diavolitsis suffered bruising in the area around his right
kidney and Pavlos Nathaniel needed stitches on his legs.
233. The Government replied that the final decision as to the circumstances of
the injury of the above-mentioned and, more specifically, if this was
accidental or if it was caused by the police officers who were chasing them,
was under investigation by the competent court. The trial, during which the
complainants are entitled to ask for an indemnity, will be held on
11 May 1993. The Ministry of Public Order is awaiting the judgement before
deciding on disciplinary sanctions against the accused police officers.
234. The Special Rapporteur also transmitted to the Government information
according to which on 2 November 1991 33 people were detained by six policemen
who caught them putting up political posters in an Athens street. They were
all taken to the headquarters of the Security Police on Alexadras Avenue,
where some of them were subjected to ill-treatment. The following cases, in
particular, were reported:
(a) Yannis Eallis. He was beaten to the point of breaking one of his
hands and threatened with execution;
(b) Michael Eachsevanis. He was hanged from a window and threatened
with being thrown out;
E/cN. 4/1993/26
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(c) Dma Kalakou. She was heavily beaten all over her body;
(d) Maria Nikolaides. A police officer reportedly grabbed her by the
hair and banged her head against a wall;
(e) Georgios Meriziotis. He was beaten on the head, ribs and legs with
clubs.
235. with respect to these cases, the Government reported that the Public
Prosecutor had brought penal charges against the policemen responsible for
unintentional severe physical injury, dangerous bodily injury, light physical
injury, verbal abuse and threat, and ordered an investigation to be conducted
by the 15th Regular Examining Magistrate of Athens. This investigation has
not yet been completed. The administrative investigation of the case was
conducted by the Security Directorate of Attica. The results showed that the
injuries caused were explained by the fact that the police had to use
violence, which was absolutely necessary and lawful, in their effort to arrest
the bill-posters who were verbally abusing the police officers and offered
resistance in order to hinder the police in performing their lawful duties.
If during the judicial investigation of the case it is proved that certain
police officers are to be held accountable for their actions, the Ministry of
Public Order will impose the appropriate disciplinary sanctions.
236. In concluding its reply with respect to the individual cases, the
Government commented that from the analysis of the evidence available, it was
objectively and impartially proven that the allegations of torture or
ill-treatment were unfounded, or at least exaggerated, and that the issue of
torture or inhuman treatment of persons in the country should not be raised,
since:
(a) The legal framework instituted for the protection of human rights
and liberties and for the prevention of any form of inhuman treatment is not
only sufficient and responds to the spirit and letter of United Nations
declarations, but it is also fully observed and implemented;
(b) In the very few and isolated cases in which the conduct of a very
few policemen, out of a force of 42,000, was not proper or that provided by
the regulations, investigations were conducted according to the penal and
disciplinary provisions and the appropriate sanctions were imposed. In some
of these cases where the judicial and administrative investigation have not
yet been completed, the appropriate sanctions will be imposed. Despite the
fact that there may be extenuating circumstances in favour of the police
officers accused deriving from the circumstances and the conditions under
which the incidents occurred (transgression of the limits of self-defence,
violent riots, etc.) and the fact that similar cases may exist for all the
police forces in the world, all such cases are always subjected to judicial
and administrative investigation and control.
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Information received from the Government with respect to cases included in
previous reports
237. On 10 February 1992 the Government sent a reply with respect to the
following cases, which had been transmitted by the Special Rapporteur on
18 October 1991 (see E/CN.4/1991/17, para. 101)
(a) Liam de Clair, arrested on 17 July 1990 and taken to los police
station. The Government reported that he was arrested on 17 July 1990 and
brought before the Public Prosecutor the very next day. He would obviously
have complained before him if he had been ill-treated. He had no contact with
a lawyer because on the small island of los there was neither a lawyer nor the
possibility of providing him with one. The shed in which he was detained
outside the police station was a normal detention room. As to the information
according to which Mr. Liam de Clair was given a medical examination which
certified that he had bruises, it should be borne in mind that many detainees
harm themselves in a attempt either to create false impressions or to minimize
their stay in detention rooms in exchange for hospitalization;
(b) Emmanouil Kasapakis was beaten by policemen on 23 september 1990.
The Government reported that Mr. Kasapakis was visited by the police on the
night of 21/22 september 1990 after his neighbours complained of the
disturbance of the peace caused by the people in Mr. Kasapakis' apartment. In
the course of their third visit Mr. Kasapakis and two other people attacked
and insulted them. As a result, Mr. Kasapakis and one police officer were
wounded and subsequently transported to the hospital. An investigation was
carried out; however, no responsibility on the part of the police officers
involved in the incident was established. Mr. Kasapakis himself refused to go
to the police station to testify concerning the case.
(c) Kostas Andreadis, arrested on 23 March 1990 on suspicion of being a
member of the “Vigilant Anarchists” organization. The Government reported
that an inquiry carried out by the competent police department in Thessaloniki
established that Mr. Andreadis confessed on his own free will the unlawful
acts he had committed (possession of arms, arson, robberies, etc.) . On
24 March 1990, the police authorities presented Mr. Andreadis to television
and newspaper lournalists. In the course of this press conference the
detainee described his acts without alluding to any sort of torture or
ill-treatment inflicted upon him.
Guatemala
Information transmitted to the Government
238. On 21 August 1992 the special Rapporteur informed the Government that he
had received reports on the following cases of torture in Guatemala:
(a) Walter Federico Flores, age 17, was severely beaten on
23 October 1991 in the Eotellón area, intersection of 4th Avenue and
19th street, Zone 1, Guatemala, by young men wearing police cadet school
uniforms. He was left unconscious under a bridge and later received medical
attention at the Casa Alianca;
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(b) Douglas Gadea Morales, a Nicaraguan, was arrested at Guatemala City
airport on 22 September 1991 by police and the Drug Enforcement Agency
representative in Guatemala. For five hours he was given electric shocks and
severely beaten. Threats were made to kill him;
(c) Juan Pablo Lemus Silva, an official of the International Union of
Food and Allied Workers associations was arrested at Monte Carlos, Mixco, on
20 November 1991 by police who beat him and left him semi-conscious. He was
later taken to the Zone 19 national police 4th corps station and again beaten;
(d) Eduardo Amado Lopez Hernández, age 14, was arrested at a secondary
school pupils' demonstration on 27 April 1992 by personnel of “Hunapu”, a
recently created unit consisting of personnel of the national police, mobile
military police and the armed forces. He was beaten and forced to drink
bleach.
239. The Special Rapporteur also received information on the maltreatment of
the following street children: Moisés Rivas, age 15, Marvin Antonio Melia
(also known as Diego Chouza Franco) , age 16, Manuel LOpez, age 16, Carlos
Antonio Contreras, age 17; Boris Velasquez, age 17, Juan LOpez Gonzalez also
known as Tiluana, age 12, Erik Mendoza Lopez also known as Leprosy, age 17,
José R. LOpez and Luis Antonio Roldán.
240. According to the information received 16 street children, including those
listed, were arrested by the mobile military police in Guatemala City, Zone 1,
on 6 March 1992. According to witnesses they were beaten and handcuffed on
arrest. One, Carlos Antonio Contreras, had been badly beaten on
24 February 1992 by national police who accused him of stealing some
sunglasses.
241. Melvin Enrique GirOn and Omar Francisco Moran were arrested by four
members of Hunapu on 18 March 1992 in the Barraluste market, Guatemala City,
Zone 1. They were beaten on arrest and the first mentioned was given electric
shocks using the “Chinese stick”.
242. José Vidal, Nelson Larios, Mario René Hernandez Aguirre and
Fernando Sarcéno were arrested by Hunapu personnel on 19 March 1992, also in
the Barriuste market. They were taken into a van and beaten and thrown out
while the van was moving.
243. Felipe Gonzalez, also known as Chiripa, age 14, and José Corrado Mendoza,
also known as Olindo, age 18, were severely beaten by men believed to be
connected with the security forces in Guatemala City, Zone 1, on
20 January 1992.
244. In addition the Special Rapporteur addressed an urgent appeal to the
Government under resolution 1992/59 concerning the cases of David Estuardo
Melia Paiz and Axel Melia Paiz on 7 April 1992. During the preceding months
the Paiz family had been the target of continuous threats and harassment and
their home had been kept under constant observation by men believed to be
connected with the security forces. Axel Mel ía worked as supervisor of the
Casa Alianza emergency centre. The Casa has supplied information to the
United Nations concerning the maltreatment frequently suffered by street
E / CN. 4 / 1993 / 26
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children (see E/cN.4/1992/17, para. 104). Mr. Melia was the principal witness
in the trial of 26 members of various police units accused of involvement in
an incident on 7 November 1990 when three children were brutally attacked by
security forces' personnel outside the Casa Alianza. subsequent to his
testimony threats had mounted and on 12 March 1992 David Melia Paiz, Axel's
brother, was kidnapped and held for several hours by men in civilian clothes
driving in a black vehicle with polarized windows.
245. The Special Rapporteur took note of the information transmitted by the
Government of Guatemala on activities of the irregular groups as a result of
which several persons were executed or iniured and two died when abandoned
mines exploded. He was also informed of damage to property caused by these
groups.
Haiti
Information received from the Government in connection with Commission
resolution 1992/42
Information transmitted to the de facto Haitian Government
246. In a letter of 5 October 1992 the Special Rapporteur informed the
de facto Government that he had received reports that persons arrested for
political reasons were almost invariably beaten on arrest and were
subsequently maltreated in prison. The following 23 cases had been reported
to him:
(a) Evans Paul, malor of Port-au-Prince and leader of the Confederation
for Democratic Union (Konfederasyon Inite Democratic) was arrested at
Mals Gate international airport on 7 October 1991 by soldiers who, in the
presence of witnesses, took off his clothes, hit him with their helmets and
revolvers and burned him with a red hot rifle barrel. He was detained for
several days in prison and a military school where the soldiers beat him again
and again. When he was released he had broken ribs, multiple bruises and
wounds on the back, head and eyes and a bad burn caused by the hot rifle
barrel;
(b) Danny Toussaint, captain, and Pierre Cherubin, police chief, were
beaten by security forces, who also threatened to kill them, when they were in
the National Palace on 30 september 1991;
(c) Aldajusts Pierre, a member of the Papaye Peasant at Hinche, Central
Department, was arrested by soldiers from the Hinche military base on
16 October 1991 and accused of being in possession of an underground
newspaper. According to the information received he was badly beaten in
prison and denied medical treatment;
(d) Casimir Rosalvo was arrested during a military raid on a working
class district of Gonalves on 11 November 1991. He was tortured by soldiers,
causing swelling of the genitals, ears and eyes. A soldier started to cut off
one of his ears but a second soldier stopped him;
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(e) Raymond Toussaint, a member of the national committee of the
congress of democratic movements (KONAKOM) and the rural development group
(CODEP) in the Petite Riviêre de L'Artibonite district was arrested on
24 october 1991. He was detained, initially at Petite Riviêre and later at
St. Marc. He was badly beaten, particularly on the head and right ear;
(f) François Destin, of Verrettes in the Artibonite valley and member
of a young people's religious group, was arrested on 10 November 1991. He was
taken to the Verrettes military base where, witnesses say, he was beaten and
tortured by soldiers using the “Jack” method in which a stick is placed under
the victim's thighs and above his arms;
(g) Napoleon Saint-Fleur was beaten by soldiers when they arrested him
in October 1991. He was taken to Cap-Haitien prison and, according to other
prisoners, regularly beaten;
(h) Chéneker Dominic was badly beaten by a group of soldiers who were
trying to arrest his father, a businessman in Jérémie, Grande-Anse. Because
of the beating he was unable to walk for a week;
(i) Ernest Charles was attacked by uniformed policemen on
28 October 1991. The beating caused bleeding of the ears and mouth. He was
later ordered to report to the police station every three days;
(1) Jean-Claude Museau, also known as Klodi, a teacher at Les Cayes,
was arrested on 30 December 1991 and accused of putting up posters of
President Aristide. He was severely beaten on the head and a knife was used
to slash his buttocks. He was released on 6 January and died two days later,
probably because of the maltreatment during detention and the lack of medical
attention;
(k) Renoir Saint Pierre was arrested at Gonalves, Artibonite, on
5 March 1992 and taken to the Toussant L'Ouverture barracks. He was badly
beaten, especially on the face, eyes and ears;
(1) Yvon Desrose, a teacher at Mirebalais in the central plateau, was
badly beaten by two soldiers on 19 March 1992. They accused him of having
written graffiti;
(m) Renand Damilus, known as Ti Zonbi, was savagely beaten with
truncheons on 8 March 1992 at Ti Plas Boudet in the Villar section, west
department, by the chief of section's aides;
(n) Valentin Villard, member of the Fort-Liberte people's nationalist
movement was arrested by police at Trou-du-Nord, north-east Department. He
was badly beaten and because of the maltreatment is reported to be unable to
walk;
(o) Jaquelin Louis was arrested by two armed civilians in La Fossette
(Cap-Haitien) . He was violently beaten when arrested and the beating
continued in prison, causing his death;
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(p) Camille Chalmers, professor, was arrested at the Port-au-Prince
Faculty of human Sciences on 20 May 1992. He was taken to the anti-gang
branch where he was struck with rifle butts and a metal chair, mostly on the
nape of the neck, the shoulder blades and the spine. He was slapped on the
ears several times, causing the perforation of the right ear drum;
(q) Marlene Chéry, a school girl, was arrested on 21 May 1992 and taken
to the anti-gang branch in Port-au-Prince. She was severely beaten with an
iron rod on the lower abdomen;
(r) Moléon Lebrun was arrested in Bois de Lance, Limonade, Cap-Haitien
on 28 April 1992. He was taken to the Limonade police station and severely
beaten every day for two weeks;
( 5) Valentin Villar and Jerry Rosefort, two members of the Asanble
Popilê Veye Yo, were arrested at Trou-du-Nord on 11 May 1992. They were
tortured while in detention. As a result Valentin Villard died in the
Fort-Liberé prison;
(t) Jean Luckner, of Petit-Gôave, Fort-Royal, was arrested on
16 May 1992 and taken to the nearest military post. There he was beaten with
clubs and wires, lacerating his back;
(u) Wilcena Dorléus, a teacher at Petit-Gôaves was arrested by members
of the armed forces in the Sylvio Cator stadium, Port-au-Prince, on
24 May 1992. He was taken to the “Cafeteria” detention centre and the
national penitentiary and severely beaten. According to a medical report he
suffered injuries to the skull and thorax and his right arm was broken.
247. In addition to the cases detailed above, the Special Rapporteur received
a list of persons tortured after arrest in early 1992 and late 1991. The list
included: Adissou Codio, Aji Lusma, Aubourg Etzer, Deina Joseph,
Destin François, Elsie Mehu, Erichard Zinme, Leridor Simon, Madsen (Ti Yaya)
Paul Anelo, Cosena Gabriel, Vanesse Cadeaux, Vaudre Abelard,
Deshommes Odilon, Desravines Fritz, Legagneur Jean Robert, Nelyo Desana,
Pierre Jaques, Pierre Jeannel, Senpreuil Jaques, Vilbrun Lebrun,
Charles Roosevelt, Jean Baptiste Dieulaime, Demesvar Joseph,
Dieuseul Dieupanou.
248. The Special Rapporteur received further information on the case of the
journalist Paul Jean Mario on whose behalf he made an urgent appeal on
10 December 1991. According to the information, his health has badly
deteriorated because of torture. He is said to have been refused transfer to
a hospital for treatment.
249. The Special Rapporteur also made urgent appeals on behalf of the persons
mentioned below. The date of the appeal is given in brackets at the end of
the summary.
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250. Paul Laroche, a teacher, was arrested by soldiers on 16 october 1991. He
was savagely beaten on arrest and had to be committed to the national
penitentiary infirmary. Despite his precarious health, it appears that he has
not received medical attention or been examined by a doctor
(19 December 1991)
251. Kechnerd Pierrilis, sacristan of the St. Michel chapel, Alfred Elouis and
Marc André Benoit were arrested near Germaine on 18 January 1992 by the chief
of the Cazale rural section and his aides, who beat the prisoners severely
before taking them to prison (30 January 1992)
252. Mr. Tessonot, principal of the Cayes Lycée, Mr. Olivier, a teacher at the
Lycee, Mr. T. Nixon Bogat, the former correspondent of Radio Haiti Inter at
Cayes, Father Verdier adn Mr. Guillite, deputy mayor of Cayes, were arrested
by soliders at Cayes on 3 June 1992 and taken to the barracks. They were
severely beaten on arrest, particularly Mr. Guillite who is said to be in very
poor health (5 June 1992)
253. Twelve students, including Antoine Wesner and Marilide Noel, were
arrested by the armed forces during the protests at the State University of
Haiti Faculty of Agronomy on 1 December 1992. They are reported to have been
taken to the anti-gang branch. One of the women students who took part in the
protests was severely beaten. Her health is reported to be precarious
(11 December 1992)
India
Information transmitted to the Government
254. By letter dated 21 August 1992 the Special Rapporteur communicated to the
Government a summary of the main allegations received with regard to the
practice of torture in the country as well as a number of individual cases.
In addition the Special Rapporteur made two urgent appeals on behalf of
persons who, according to the information received, were at risk of being
tortured.
a) Information transmitted to the Government with regard to the practice of
torture in general
255. According to the reports received, criminal suspects form a large
proportion of India's torture victims. The most common purpose of torturing
criminal suspects is to extract a confession or to secure information about a
crime, however petty the offence and irrespective of whether a crime has
actually been committed (people can be detained for trivial reasons such as
“moving suspiciously” or travelling on a train without a ticket) . Even
children as young as six have been arrested and allegedly tortured in
connection with petty criminal offences.
256. Other victims are people arrested for their political convictions or
people arrested in connection with the situations of armed conflict that
prevail in the north-east, Jammu and Kashmir, and Puniab. In these cases
torture is a means of obtaining confessions and gathering information, but it
is also used as a deterrent and in reprisal for attacks by armed groups. In
E / CN. 4 / 1993 / 26
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these areas of armed opposition the security forces are empowered, under the
Terrorist and Disruptive Activities (Prevention) Act (TADA) , to arrest
suspects and detain them for up to one year without charge or trial, for
investigation into broadly defined off ences.
257. The most common torture methods are severe beatings, sometimes while the
victim is hung upside down, and electric shocks. People have also been
crushed with heavy rollers, burned, stabbed with sharp instruments, sexually
mutilated and had obiects such as chilies or thick sticks forced into their
rectums. Rape and ill-treatment of women by the police seems to be widespread
throughout the country. In the north-east states and Jammu and Kashmir, there
is a pattern of rape of women by the army and paramilitary forces for
perceived support for armed insurgents.
258. The police are protected from prosecution by the Code of Criminal
Procedure for acts committed while on official duty. In parts of the country
in which armed opposition is active, immunity from prosecution is explicitly
sanctioned by specific legislation. Thus, in exercising the powers provided
in the Armed Forces (Special Powers) Act, currently in force in Puniab, Jammu
and Kashmir, and Assam and other north-east States, the security forces are
granted immunity in advance from possible prosecution. Ordinary legal
safeguards do not apply. Section 6 of the Act reads: “No prosecution, suit
or other legal proceeding shall be instituted, except with the previous
sanction of the Central Government, against any person in respect of anything
done or purported to be done in the exercise of the powers conferred by this
Act”. In addition, the Code of Criminal Procedure (Amendment) Bill adopted in
September 1991 protects all government officers from any prosecutions for
actions taken in the course of duty when a State is under direct rule from the
central Government. In those States, officials may be prosecuted only with
the central Government's permission.
259. In addition to this, several well-established procedural techniques for
evading prosecution for human rights violations provide informal but effective
impunity for police and security forces throughout the country. These include
the failure to register complaints, acknowledge detention or to apply other
legal safeguards; denial of responsibility; falsification of ludicial records
and post-mortem reports, sometimes by having them carried out at police
hospitals; intimidation of witnesses and complainants; and influencing police
inquiries by having them conducted by police from the same branch and delaying
their outcome and prosecutions. These techniques are supported by
institutional practices and official policies which provide minimal sanctions
against those few police or soldiers who are held accountable for custodial
violence.
260. In these circumstances, relatives have rarely succeeded in initiating
criminal prosecutions of police officers allegedly responsible for torture.
On the other hand, redress for the victims or their families is almost
impossible to obtain; most of them have neither the information nor the
resources required to seek it. Faced with a failure by the authorities to
prosecute, some relatives have brought private complaints. However, these are
hard to substantiate because most inquiries into custodial deaths, for
example, if held at all are conducted by a member of the civil service and not
E/cN. 4/1993/26
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by an independent authority and reports of these inquiries and of post-mortem
examinations are often withheld. Private criminal prosecutions are, on the
other hand, costly and subiect to extremely long delays.
(b) Individual cases transmitted to the Government
261. Mohammed Akbar, a farmer from Checksiri, Jammu and Kashmir, was arrested
in the village of Kalsiri on 9 May 1990 by BSF (Border security Force)
policemen. During the 12 days he remained in detention he was severely
beaten. On 19 November 1990 he was rearrested and taken to an army camp in
Hyderbeig, Pattan subdivision. While at Hyderbeig he was beaten repeatedly on
his hands and feet with a stick; as one man held him, another dropped some
chili powder into each of his eyes.
262. Ghulam Mohiuddin S., a schoolteacher from Palhalan, Pattan subdivision
Baramulla district, Jammu and Kashmir, was arrested on 5 June 1990 by BSF
police. For several hours he was made to bend over and struck repeatedly.
The police rolled heavy rollers over his thighs and kicked him with heavy
boots.
263. Abdul Qayoom K., a shopkeeper and part-time tailor from Ganghipora,
Pattan, Jammu and Kashmir, was arrested on 19 september 1990 by two CRPF
(Central Reserve Police Force) police. During his detention he was severely
beaten. At one point, he was suspended from the ceiling by a rope and while
he was hanging in the air, his ear and beard were burned with a candle.
264. The following 15 cases of death under torture were also reported:
(a) Bashir Ahmad was arrested on 23 August 1991 by police of
Madanapalle town police station. He died the following day either in the
lock-up of the Madanapalle thana or in the government hospital, allegedly as a
result of police beatings;
(b) Uppuleti Chandraiah from Peechupalli, Karimnagar district, was
arrested on 5 March 1991 on suspicion of robbery. Four days later he died in
Husnabad police station, allegedly as a result of torture;
(c) Bubul Barua, from Puli Nahoroni village, Kherajghat, Mauza,
Lakhimpur, was arrested on 12 October 1991 by the army in Bandardawa village.
He died on 22 October, reportedly as a result of iniuries sustained under
torture. Medical reports indicated a rupture of the kidneys due to beatings;
(d) Dibakar Handique, office assistant at Rajgarh College, from
Basapukhuri, Dholpur Maiza, Narayanpur, North Lakhimpur. He was arrested on
28 september 1991 and died on 1 October in an army camp, allegedly as a result
of torture;
(e) Dhruvajyoti Gogoi, a student, was arrested on 17 March 1991 at
Doomdooma, Tinsukia, by the army. Two days later his body, bearing marks of
torture, was handed over to the police;
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(f) Gambhir Gogoi, tea estate employee from Nagajan, Duliajan,
Dibrugarh district, was arrested by the army at the end of November 1990. A
few days later his body, bearing marks of torture, was handed over to the
police;
(g) Doka Eabonga was arrested on 21 November 1991 by Gua police, East
Singhboom district. He died on 4 December at the prison ward of MGM College
Hospital. Medical reports indicated as the main cause of death continuous
bleeding from the abdomen due to internal injury, caused probably by torture;
(h) Darshan Singh (or Darshan Lal), from New Seelampur Colony,
East Delhi, was arrested on 10 March 1992 in connection with a robbery. He
was reportedly tortured at the anti-auto theft unit of the north-east district
of Delhi police. He died on 17 March at LNJP (Irwin) hospital, allegedly as a
result of injuries sustained under police torture. Medical reports indicated
the main cause of death to be a head injury;
(i) Savinder Singh, businessman, resident of South Delhi, was arrested
on 28 February 1992 and taken to the Directorate of Enforcement of the
Ministry of Finance at Loknayak Ehavan, near than Market. The day after, his
body was found in the Lok Nayak Ehavan complex. The family claims that he was
tortured and forced to lump out of a window;
(j) Jairam Singh was arrested by police from the Patel Nagar police
station on 18 August 1991 and died within hours. The post-mortem report
listed 17 external injuries caused by a blunt object;
(k) Kuttappam of Neyyattinkara, Trivandrum, was arrested on 3 July 1991
by Parassala police, Trivandrum, and died the day after. The post-mortem
report revealed rupture the of spleen, allegedly caused by torture;
(1) Ram Singh, sarpanch of Arra Koder village, died in early April 1992
allegedly as a result of injuries sustained under police torture at the
Bohandiguda police station.
(m) Muthusamy from Oddanchathram, Dindigul district, was arrested at
the beginning of 1992 by Oddanchathram police in connection with a theft.
Subsequently, his mother, sister and father were also arrested. According to
the reports they were all beaten and, as a result, Muthusamy died;
(n) Dushyant Tiyagi was arrested by eight police officers from Siani
Gate police station on or about 13 April 1992 and died two days later in the
Government Hospital. It was alleged that he had been burnt to death while in
police custody;
(0) Kuber Lal was arrested on 25 July 1991 by Sandila police. He died
in Hardoi jail allegedly due to police torture and medical negligence by
prison authorities.
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265. In addition to the above-mentioned, the Special Rapporteur transmitted to
the Government urgent appeals on behalf of the following persons regarding
whom fears were expressed that they might be sublected to torture while in
detention. The date on which they were sent is mentioned in brackets at the
end of the corresponding summary.
266. Telinder Singh was reportedly arrested at his residence by police from
the criminal investigation agency staff, Amritsar, at 4.00 a.m. on
11 November 1991. On 14 November 1991, Telinder Singh was produced in court
where he made a statement claiming that he had been tortured. A newspaper
report on 16 November 1991 allegedly featured a police claim that Tel inder
Singh had escaped from custody. However, the family claimed that this was
false and that Tel inder Singh was being held in unacknowledged detention and
was in danger of being tortured further (20 December 1991)
267. Iqbal Singh, a resident of Fatehpur in Amritsar district, was reportedly
detained on 12 November 1991 by police and personnel from the Central Reserve
Police Force (CRPF) from near the railway station in Amritsar. Iqbal Singh
was initially taken to a CRPF camp near Sadar police station, Amritsar
district, Subsequently he was believed to have been transferred to the
Gharinda police station (20 December 1991)
268. Charan Singh, a resident of Muchhan village in Amritsar district, was
reportedly detained from his residence by the assistant superintendent of
police, Malitha police district, and members of the Ropar police on
7 November 1991. On a number of occasions, relatives sent telegrams,
complaints and affidavits on behalf of Charan Singh to senior police, ludicial
and government personnel in Punlab; however, he was not produced in court
(20 December 1991)
269. Amarlit Singh, a resident of Begowal, Kapurthala district, who worked as
a teacher at the primary school in Miani, was reportedly detained by
Hoshiarpur police on 24 October 1991. For 10 days he was detained at a CRPF
camp at Hoshiarpur and later he was transferred to Jalandhar
(20 December 1991)
270. Justice Alit Singh Rains, chairman of the Punlab Human Rights
Organisation, was arrested on 3 April 1992 from the Chandigarh golf club by
members of the police. According to the information received, Justice Rains
suffered from a heart affliction and was being denied all medication as well
as visits from his family (14 April 1992)
Indonesia
Information transmitted to the Government and replies received thereon
271. By letter dated 21 August 1992 the Special Rapporteur communicated to the
Government information he had received on the practice of torture in the
country as well as on a number of individual cases. The Government replied to
this letter on 10 December 1992. According to the reports, in various parts
of the country torture is inflicted upon detainees to obtain political and
other information or to intimidate suspected political activists, their
colleagues and their relatives. Workers who have taken part in demonstrations
E / CN. 4 / 1993 / 26
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have also been interrogated under torture and forced to sign letters of
resignation. Those responsible are said to be military officials and members
of the paramilitary police force “Brimob” (Mobile Brigade) . Forms of torture
and ill-treatment include: electrocution; slashing with razor blades and
knives, including inside the mouth; beating on the head, shins and torso with
fists, batons, iron bars, bottles, rocks and lengths of electric cable; sexual
molestation and rape; kicking with heavy military boots; burning with lighted
cigarettes; threats and deliberate wounding with firearms; immersion for long
periods in fetid water, isolation and sleep deprivation.
272. The following individual cases were reported:
(a) Mohamad Jafar, arrested in August 1990 in Aceh on suspicion of
helping members of the Aceh Merdeka movement. According to witnesses he was
beaten with wooden sticks and an electric cable before being taken to an
unknown destination;
(b) Dr. Mahdi Yusuf, Dr. Amiruddin, Dr. Abdullah Ibrahim,
Dr. Idris Ishaq and Dr. Ibrahim Hasar were severely tortured at the beginning
of 1991 while held at the Banda Aceh prison. As a result two of them were
paralysed;
(c) Syaifulah was detained between September 1990 and February 1991 at
Brimob headquarters in Medan. Witnesses reported that he had been kicked and
beaten, stripped naked and had his genitals squeezed with metal pliers;
(d) Abbas was reportedly beaten with a thick electric cable while being
questioned at Brimob headquarters in Medan in mid-1991. He was also forced to
squat with a length of wood placed behind his knees and a second prisoner
sitting on his shoulders, as a result of which one of his legs broke;
(e) Dr. Adnan Beuransyah, a journalist with the paper
Serambi Indonesia , was arrested in August 1990 on the accusation of having
links with Aceh Merdeka. During his interrogation by regional military
officials he was given electric shocks on his feet, genitals and ears; his
hair and nose were burned with cigarette butts and he was severely beaten and
kicked;
(f) Marwan was arrested on 3 october 1990 in Aceh by members of the
military and subjected to torture, as a result of which his nose was broken;
(g) Wardoyo, Latif and Samsudin, workers at the Evershinetex factory in
Bogor, were severely tortured at military barracks ( Korem 061) on
26 June 1991. They were allegedly accused of having taken part in a
demonstration and forced to sign letters of resignation.
273. With respect to cases (a)-(d) above, the Government reported that these
persons were never detained nor were they tortured. With respect to cases (e)
and (f) the Government informed that these persons were involved in the
activities of the Security Disturbance Movement (GPK) . After being brought to
trial, they were sentenced respectively to nine and six years in Lhok Nga
prison (Banda Aceh) . During their detention there was no indication of
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torture whatsoever. With regard to case (g) , the Government reported that,
following a strike, the company refused to continue to employ the persons
concerned on the grounds of their involvement in the destruction of the
company's property and in their attempts to incite racial unrest by writing
anti-chinese graffiti. The dismissal was approved by the Ministry of
Manpower.
Information transmitted to the Government with regard to cases of torture
which allegedly occurred in East Timor
274. In the above-mentioned letter of 21 August 1992 the Special Rapporteur
also transmitted to the Government information according to which a number of
persons were arrested in East Timor after the incidents of 12 November 1991
and subiected to severe torture. The following names were provided:
(a) Abel Madeira, from Gleno (Ermera) ; Jose Reis, arrested at Gleno,
Ermera; Joao Lequi Mau, from Gleno, Ermera; Florindo Santos, civil servant
from Gleno, Ermera; Armando Exposto, civil servant from Gleno, Ermera;
Jonny F. Gonçalves, arrested at Ermera and taken to the police station;
Lebi Mau, arrested in Ermera and taken to the police station; Julio Soares,
from Gleno, Ermera; Julio carvalho, from Ermera; Serafim Macedo, student,
arrested at Pite (Dili) and taken to the police station Dionisio Reis Gusmao,
student from Pite (Dili) Pite; Paulo Sousa Guterres, student from Venilale,
arrested at Pite (Dili) ; Manuel Barreto, arrested at Fatubolu district (Dili)
Raimundo Silva Monteiro, student from Viqueque, arrested at colmera district
(Dili) ; Leonardo costa, student from Viqueque, arrested in colmera district
(Dili) ; Acacio Bernardino, student, from Los Palos; Eduardo Mamanuk, from
Manatuto; Antonio Ximenes Guterres, student from Venilale (Baucau) . With
respect to these cases, the Government reported that these persons had never
been detained nor tortured;
(b) Amau Madeira, from Gleno (Ermera) ; Joao Madeira, from Gleno,
Ermera; Juvenal H. Madeira, from Gleno, Ermera; Adelino Soares, civil servant
from Ermera; Fernando Deus, civil servant from Ermera; carlos Deus, civil
servant from Gleno, Ermera; Jose Pinto Baptista, arrested at Ermera and taken
to the polres. With respect to these cases, the Government reported that
these persons were detained for questioning on 15 November 1991 and released
on the following day. There was no indication of torture whatsoever;
(c) Alcino Freitas Vital, from Ossoluga (Baucau); Agostinho Freitas,
from Ossoluga (Baucau) ; custodio Freitas, from Ossoluga, Baucau. With respect
to these cases, the Government reported that these persons were questioned,
given counselling from 30 November 1991 and released on 3 December 1991.
There was no indication of torture whatsoever;
(d) Filomeno Gomes, arrested in Dili caicoli; Matias Gouveia Duarte,
nurse, arrested at Taibesse district (Dili) and taken to the police station.
With respect to these persons, the Government reported that they were never
detained but merely given counselling. After that, they participated in a
community orientation programme;
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(e) Arcanjo Anjos Paixao, civil servant from Ermera. With respect to
him, the Government reported that he was detained for questioning concerning
his activities to collect funds on the instructions of the Bishop of Ermera.
He was released on 19 December 1991. There was no indication of torture
whatsoever;
(f) Eliseu Soares, teacher from Ermera. The Government reported that
he was released after being given counselling on 25 November 1991;
(g) José Maria Pompeia Saldanha Ribeiro, a student at the University of
Denpasar, arrested on 24 November 1991 by the Indonesian Intelligence and
taken to the police headquarters, first in Denpasar and then in Jakarta. The
Government reported that this person is living in Denpasar and was never
detained.
275. In addition to the above-mentioned, the Special Rapporteur sent two
urgent appeals on behalf of the following persons, with respect to whom fears
had been expressed that they might be subjected to torture after their
detention:
(a) Xanana Gusmao, leader of Fretilin (Frente Revolucionária de Timor
Leste Independente), was arrested on 20 November 1992 at 6.00 a.m. near the
military hospital in Dili (23 November 1992) . On 8 December 1992 the
Government replied that Mr. Gusmao was in police custody in Jakarta and being
questioned by the police and officials of the Attorney-General's office, in
preparation for his court trial. His being transferred from Dili was solely
for his own safety; his trial would be held in the locus delicti . While being
questioned and awaiting trial, Mr. Gusmao had been treated in a manner
consistent with humanitarian considerations and international standards, and
his trial would be held strictly in accordance with Indonesian law. The trial
would be held in an open, public court and the defendant would be awarded full
legal assistance. In the meantime, the Minister of Defence had also given
instructions to the military authorities concerned to respect Mr. Gusmao's
physical and mental integrity. The Foreign Minister personally assured the
Special Rapporteur that Mr. Gusmao was in good health and that he was not
being ill-treated in any way;
(b) Abilio Baptista, Afonso Maria, Avalino Baptista, Fernando
Conceicao, Francisco Goncalves, Henrique Guterres, Ildefonso Soares,
Jorge Cortinnal, Mario Miranda, Pascal Soares, Rui Miranda, Vitor Viegas,
Rufina Conceicao Araujo, Augusto Pereira, Alianca de Araujo, Ligia de Araujo,
Jorge Manuel Araujo Serrano, Regina Conceicao Araujo Serrano,
Francisco Almedia Araujo, Armandina Gusmao, Gilman Exposto, Olandina Caceiro
Alves and Oscar Lima. All these persons were arrested during the month of
November 1992 by military and police forces and kept incommunicado detention
(3 December 1992)
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Iran (Islamic Republic of)
Information transmitted to the Government
276. By letter dated 27 october 1992 the Special Rapporteur communicated to
the Government that he had received information according to which prisoners
held for political reasons are usually tortured in the period immediately
following their arrest, but may also be subiected to torture at any time
during their imprisonment, both before and after trial. Torture and other
forms of physical or psychological ill-treatment are allegedly applied not
only to obtain information, but also to extract statements which are sometimes
recorded on film.
277. Common methods of physical torture include suspension for long periods in
contorted positions, burns from cigarettes and severe and repeated beating
with cables or other instruments on the back and the soles of the feet.
Sometimes, a blanket or cloth is stuffed into the victims' mouths to stop them
screaming, making it hard to breathe properly. Usually the victims have been
blindfolded, and strapped to a kind of bedstead or held down by guards sitting
on their backs. Other arbitrary punishments reportedly include being kicked
or punched, made to stand without moving for hours at a time, cancellation of
family visits or reducing food.
278. It was also reported that the Government had failed to introduce minimum
safeguards to prevent torture, including allowing prisoners regular access to
relatives, lawyers and doctors, ensuring that complaints are properly
investigated and bringing perpetrators to lustice. The following individual
cases were transmitted:
(a) Hooshang Sabetizadeh was arrested after entering the country in
July 1990. when his relatives visited him in Evin prison in March 1991 he
bore marks of torture. His face, particularly around his eyes and lips, was
bruised and swollen, two of his front teeth were broken and he could hardly
speak. In October 1991 his relatives visited him in hospital but his physical
condition was very poor, his feet were severely infected due to flogging by
cable and he was unable to walk. He died two weeks after his release from
prison, in March 1992;
(b) Khalil Akhlaghi was reportedly arrested in November 1989 in the
city of Shiraz by members of the security forces. Before being tried and
sentenced to 15 years' imprisonment, he was held for 14 months in solitary
confinement in the Shiraz prison, during which time he was subiected to
torture such as severe beatings all over his body and in particular on the
soles of his feet. As a result of intense slapping he lost all hearing in his
right ear;
(c) Ali Gaffari Hosseini was reportedly arrested at the Teheran airport
in August 1990 and taken to an unknown place for interrogation where he was
subjected to repeated beating, particularly in the region of his kidneys and
on the soles of the feet. He also was suspended by the wrists and some of his
toenails were forcibly removed.
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279. In addition to the above-mentioned, the Special Rapporteur made urgent
appeal on behalf of the persons involved in the incidents mentioned below.
The date in which they were sent appears in brackets at the end of the
corresponding summary.
280. Hundreds of persons were reportedly arrested following demonstrations and
riots which took place beginning in mid-April 1992 in Mashhad, Arak,
Chahar-Mahal, Hamedan, Khorramabad, Shiraz, Shushtar and Teheran. In the case
of Mashhad, it was reported that a group of approximately 300 people were
arrested on 30 May 1992 during a demonstration reportedly sparked off by
attempts by the municipal authorities to destroy illegally constructed
buildings and forcibly evict their inhabitants, as well as discontent with the
social and economic situation. Fears were expressed that these persons might
be subiected to torture or ill-treatment. (10 June 1992)
281. Gholam Ghahremani, an Iranian refugee in Dubai, was reportedly abducted
on 3 August 1992 and taken to the Teheran Evin prison. Fears were expressed
that he might be subiected to torture. (23 october 1992)
282. Abdollah Bagheri, a former member of the Kurdish opposition group Komala ,
was arrested at the beginning of November 1992 outside Mariwan, close to the
Iraq border. Mr. Bagheri was reportedly being held in incommunicado
detention and fears were expressed that he might be subiected to torture or
ill-treatment. (11 December 1992)
Iraq
283. In an urgent appeal transmitted on 3 December 1992 the Special Rapporteur
communicated to the Government that he had received information according to
which since April 1992, when the military authorities issued orders to the
local population of the marshes of southern Iraq to evacuate the area, there
has been a policy of deliberately targeting non-combatant civilians. Although
the air exclusion zone imposed since August 1992 put an end to the aerial
attacks, government forces have reportedly stepped up ground attacks
accompanied, inter alia , by widespread arbitrary arrests and torture, like
those which took place in the village of al-salem near al-Mudaina (Basra
province) in september. In the second week of October, widespread arrests
were reportedly carried out by government forces in the context of the
officially named “punitive campaign” ( al-Hamla al-Ta'dibivva ) . several
thousand people were said to have been arrested, in particular in Misan
province; many of them, reportedly unarmed civilians, were arrested from their
homes or in the streets at random by the security forces. The detainees were
reportedly held at the 4th Army Corps headquarters in the city of al-Amara,
although a small number of them were later transferred to Baghdad. Fears
were expressed that they might be subiected to torture or ill-treatment.
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Israel
Information transmitted to the Government and replies received thereon
284. By letter dated 21 August 1992 the Special Rapporteur transmitted to the
Government of Israel a summary of the main allegations received with regard to
the practice of torture in the country as well as a number of individual
cases. In addition to this, the Special Rapporteur made urgent appeals on
behalf of persons who, according to the information received, were at risk of
being tortured.
(a) Information transmitted to the Government with regard to the practice of
torture in general .
285. According to the information received, the Israeli authorities in the
Occupied Territories systematically use interrogation practices which amount
to torture or ill-treatment. Methods include beatings, forced postures
( shabeh) , sensory disorientation (primarily through hooding, sleep and food
deprivation, and isolation) , and the use of sensory stress (through chilling
and confinement in small cells, often called “coffin-cells” or khazaven by
detainees) . It was also reported that under the Israeli military justice
system in the Occupied Territories, detainees' access to judges is routinely
withheld for 18 days, and access to lawyers and family for much longer
periods.
286. In theory, protection against the use of confessions obtained by duress
exists in the military courts of the Occupied Territories. If a defendant
maintains that a confession was so obtained, the defendant's lawyer can
challenge the confession in a so-called “trial within a trial” or
“mini-trial”. In this proceeding, generally held in camera , the prosecutor is
meant to prove the voluntary nature of the confession. The prosecutor calls
witnesses involved in obtaining the confession and the defendant in turn gives
evidence of the alleged abuses used to coerce a confession. If the
prosecution fails to prove that the confession was made voluntarily, it
becomes inadmissible and must be disregarded by the court in the subsequent
full trial.
287. This safeguard, however, reportedly fails to operate effectively in
practice. Lawyers maintain that in a “trial within a trial”, judges often
automatically accept the testimony of witnesses of the prosecution and reject
that of defendants. Defendants who have often been held in prolonged
incommunicado detention have no witnesses to call on their behalf. Other
factors deter lawyers from seeking “trials within trials”. The invocation of
such a proceeding necessarily delays the hearing of a case. For a defendant
charged with a relatively minor offence, therefore, the choice of a “trial
within a trial” may mean that he or she will be kept in detention awaiting
such a procedure for a longer period than might be expected to be served as a
sentence were a guilty plea entered from the start. In addition judges, as
well as prosecutors, reportedly often remind defendants and their lawyers that
pleading guilty and saving the court the time and effort of a “trial within a
trial” would be considered a mitigating factor of sentencing.
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(b) Information transmitted to the Government regarding individual cases
288. Sharif Natsheh and his brother Ashraf, from Hebron, were reportedly
arrested on 21 April 1991 and taken to the military headquarters. They were
severely kicked and beaten in several parts of the body, including the soles
of their feet, and given electric shocks several times.
289. Ramzi Da'na, from Hebron, was reportedly arrested on 16 September 1991
and taken to the police centre at the headquarters. He was severely beaten,
specially on his thighs, face, kidneys and the soles of his feet and given
electric shocks.
290. Amneh'Abd al-Jabbar Rimawi, Deputy Chair of the General Federation of
Trade Unions in the West Bank and head of the Labour Studies Centre in
Ramallah, was reportedly arrested and taken for interrogation on
12 November 1991 after reporting to the Moscobiyyah Detention Centre in
Jerusalem where she had been summoned. She was later transferred to the
Hebron (al-Khalil) prison. In both places she is said to have been subjected
to torture.
291. Suad Ganeim, from Faradis, was arrested on 5 August 1991 and taken to the
Jalame detention centre, where she was interrogated for 24 hours without
interruption. She was obliged to stand for several hours while hooded and
handcuffed.
292. Nariman Shamasna, aged 17, from Katana, Ramallah region, was arrested
on 26 August 1991 and taken to the detention centre of the Russian Compound
where she was severely beaten.
293. Fatme Abu-Khdeir, from Shonafat, Jerusalem, was arrested and severely
beaten before being transferred to the Russian Compound. She was obliged to
stand for hours while hooded and handcuffed.
294. Ghazat Hassan Abu Khadir and Saladin Abu Khadir were arrested
on 1 July 1991 by agents of the Shin Beth (General Security Services) and
taken to the Ramallah prison where they were severely beaten. Ghazat Hassan
Abu Khadir was deprived of sleep for ten days.
295. The Special Rapporteur also received information on the arrest and
subsequent torture of several Palestinians carried out in the West Bank on
22 January 1992 by the Israeli security forces who accused them of membership
in the Popular Front for the Liberation of Palestine. The following names, in
particular, were reported:
(a) Mustafa ‘Akkawi. He was taken to Hebron (al-Khalil) prison, where
he was held for several days in a very cold corridor, hooded and handcuffed to
a chair and deprived of sleep while he was being interrogated. On the night
of 3/4 February 1992, he had a heart attack, but a medic did not identify any
illness and did not refer him to a doctor. He was then placed in one of the
narrow cells commonly called “refrigerators”, but he collapsed shortly
afterwards and died;
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(b) Ribhi Ramez Salim Haddad, from Nablus, West Bank. After his arrest
on 22 January he was held in Ramallah prison, Petah Tikva detention centre,
Hebron (al-Khalil) prison and al-Dhahiriyyah detention centre. At a court
hearing in al-Dhahiriyyah detention centre on 6 February 1992, his detention
was extended by 30 days, after which he was taken back to Petah Tikva
detention centre. He was visited there by a lawyer on 10 February, to whom he
stated that he had been forced to sit on a very low chair with his hand
handcuffed behind his back in freezing temperatures for about five days;
(c) Ghadir ‘Awad, a mathematics teacher from Ramallah. She was
reportedly arrested when soldiers came to arrest a neighbour who was not
there. One person was reportedly taken from each apartment in the building.
She was taken to the Moscobiyyah detention centre where she was interrogated
for two days. During her detention she was hooded with her hands shackled
behind her back to an iron pole, deprived of sleep and placed in solitary
confinement for several days. She also suffered sexual harassment;
(d) Ya'qub Yusuf Musa Fathu, from al-Sawaneh in Jerusalem. He was
taken for interrogation in the GSS (General Security Service) wing of the
Moscobiyyah detention centre in Jerusalem, where he was apparently shackled in
painful positions and deprived of sleep.
296. The Special Rapporteur also received a report on the situation of
prisoners in the Khiam detention centre, situated in south Lebanon. Khiam was
apparently set up as a permanent detention centre in early 1985 by the South
Lebanon Army (SLA) with Israel's assistance and supervision. Many detainees
have reportedly been subiected to torture or ill-treatment during
interrogation, including beatings with electric cables, dousing with water,
electric shocks and deprivation of sleep, food and hygiene.
297. In addition to the above-mentioned, the Special Rapporteur transmitted to
the Government urgent appeals concerning the following persons. The dates on
which they were sent are mentioned in brackets at the end of each summary.
298. Sheikh Ahmad Yassin an elderly man held in a prison in the Gaza Strip,
was reported to be in an extremely poor state of health due, in part, to
beating and ill-treatment while in detention. He was said to be paraplegic
and blind in one eye, and to be suffering from a skin disease. Fears were
expressed that unless he was given the medical treatment required by his
condition, his health might further deteriorate and his life might be in
danger. (29 July 1992)
299. With respect to this case the Government reported on 1 September
and 19 November 1992 that Sheikh Yassin was serving a life sentence at Ashmora
prison and not in the Gaza Strip. The conditions of his imprisonment were
fair and humane, as were the conditions of all prisoners held by the Prison
Authority. Prison conditions were in conformity with the law and with
international standards. The state of the Sheikh's health was stable and not
deteriorating, and he was under medical supervision and treatment by a doctor
and by the medical staff of the prison. Furthermore, two prisoners had been
assigned to his cell whose task was to assist him with his personal
requirements. The allegation that his physical condition was a result of
beatings and ill-treatment during his detention had no basis.
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300. I'taf Daoud Hussein I'elyan had been kept in an isolation cell at the
Tel Mund central prison for 3 years. She had also been denied the surgical
operation that she needed since her nose was broken under torture five years
ago. It was also reported that to protest her situation she had initiated a
hunger strike and, as a consequence, her health had further deteriorated.
(16 september 1992)
301. Ahmad Suleiman Musa Qatamesh was arrested on 1 September 1992 and said to
be held in Ramallah prison. According to his lawyer, who was allowed to see
him on 23 September 1992, Mr. Qatamesh was suffering from severe stomach and
head pains, difficulties in breathing and repeated loss of consciousness
caused by torture and ill-treatment including extreme sleep deprivation,
position abuse, and hooding and suffocation during interrogation. It was also
reported that he had been denied medical care. (30 September 1992)
Kenya
Information transmitted to the Government
302. By letter dated 12 November 1992 the Special Rapporteur communicated to
the Government that he had received information according to which
Ms. Wangari Maathai, Chairperson of the environmental group Green Belt
Movement, and three other women hunger-strikers campaigning for the release of
political prisoners, were severely beaten by riot police in Nairobi's tjhuru
(Independence) Park on 3 March 1992. They were reportedly clubbed unconscious
and had to be taken to hospital. Other women hunger-strikers were iniured at
the same time by clubs or were affected by tear-gas thrown into a tent they
were using.
303. In addition, the Special Rapporteur sent an urgent appeal to the
Government on 22 July 1992 concerning Mr. Rumba Kinuthia, a lawyer said to be
awaiting trial on treason charges and held in custody at Kenyatta National
Hospital in Nairobi. It was alleged that Mr. Kinuthia was admitted to the
hospital suffering from high blood pressure, severe headaches, nosebleed and
depression and coughing blood originating from the torture he suffered shortly
after his arrest in 1990. Despite his condition, it was alleged that
Mr. Kinuthia was chained to his bed 23 hours a day; that his doctor was denied
access to him on 8 July 1992, in contravention of a court order of
15 April 1992; that his family had also been denied access to him; and that
hospital staff attending him had been harassed by the armed prison warders
guarding him. Mr. Kinuthia was one of several persons on behalf of whom an
urgent appeal was made on 23 October 1990. In its reply the Government
affirmed that the charges against those persons, including Mr. Kinuthia, were
criminal and not political, and added that those who saw these persons in
court noticed no signs of torture or ill-treatment (E/CN.4/1991/17,
paras. 101-102)
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Kuwait
Information transmitted to the Government
304. On 2 March 1992 the special Rapporteur sent an urgent appeal to the
Government of Kuwait concerning Iman Thendon Abdul-Latif, a laboratory
research assistant at the College of Medicine, University of Kuwait, who was
arrested on 12 June 1992. According to the information received, Miss Abdul-
Latif suffered from a kidney affliction and was arrested only a few days after
she had undergone an appendix operation. In spite of her poor health she was
reportedly not being provided with the necessary medical care and her family
was not allowed to visit her.
Lesotho
Information transmitted to the Government and replies received thereon
305. By letter dated 21 August 1992 the Special Rapporteur communicated to the
Government of Lesotho that he had received information on the following cases
of torture, to some of which the Government replied on 2 November 1992:
(a) Mofokeng Makakole was arrested on 27 september 1991 by south
African police at Welkom in the Orange Free state and transferred into the
custody of the Royal Lesotho Mounted Police. He died the day after,
apparently as a result of torture. The post-mortem examination requested by
the family concluded that he had been beaten with objects such as sticks or
siamboks (hide whips) and that he had probably also been subjected to blows
from a blunt object or kicked. The likely cause of death was given as
“pressure to the neck and asph cia”;
(b) John Ralengana and Khabele Khaebana, prisoners at Maseru
prison, were severely beaten with sticks and siamboks on 31 August 1991.
John Ralengana also suffered birdshot wounds (birdshot consists of a large
quantity of small lead pellets fired from a shotgun) . Afterwards they were
stripped naked and placed in solitary confinement in cells deliberately
flooded with water;
(c) Dr. Michael sefali was held in detention between 14 and
22 March 1990. He was subjected to interrogation for whole nights during
which he was stripped naked, with his hands cuffed behind his back, covered
with blankets from the head downwards and made to stand with bare feet on a
cement floor covered with crushed stones;
(d) Captain samuel Mokete Tumo, an officer in the Royal Lesotho Defence
Force, was arrested on 20 February 1990 and kept in solitary confinement at
Maseru maximum prison until 7 March 1990. In the course of interrogation he
was stripped naked, covered with blankets, handcuffed and told to kneel on a
cement floor covered with crushed stones;
(e) Lakia Pholo, an official of the Lesotho Bank, was arrested in
July 1989. On arrival at police headquarters a blanket was thrown over his
head and fastened with a rope. A motor vehicle tyre was thrown around his
neck. He was handcuffed and stripped of his trousers and underpants. When he
E / CN. 4 / 1993 / 26
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denied any knowledge of the criminal offence the police put crushed stones
into his shoes and made him lump up and down in time with the ringing of a
bell. He was beaten on the hands and thighs and pinched on the thighs with
something which he identified as a pair of pliers.
306. with respect to the case of John Ralengana, the Government reported that
a riot took place in the prison after foodstuffs were discovered in the
possession of John Ralengana. It was subsequent to the quelling of the riot
that allegations of torture were made. However, John Ralengana did get
medical treatment at Queen Elizabeth Hospital and subsequently received the
visit of a doctor sent by his family on several occasions. A medical report
revealed that he sustained gunshot wounds on both thighs. A report by prison
authorities neither identified the persons responsible for the infliction of
the wounds nor state any form of further investigation or legal action taken.
As for the case of Khabele Khaebana the Government reported that he had been
examined in the presence of his parents by a doctor who found his state of
health satisfactory and did not recommend any further treatment. An official
inspection of the cells was carried out. It emerged that there was no
possibility of their being water-logged, due to the way in which they were
constructed.
307. In addition to the above cases it was reported that the authorities had
failed to take effective action against those responsible for these kinds of
abuses. In some cases there had been no action even after the High Court had
concluded that torture or other abuses had taken place.
Malaysia
Information transmitted to the Government
308. On 21 August 1992 the Special Rapporteur sent an urgent appeal to the
Government on behalf of a group of 43 Acehnese asylum-seekers who were
occupying the premises of the United Nations High Commissioner for Refugees
(UNHCR) in Kuala Lumpur because they had been threatened with being forcibly
returned to Indonesia. Fears were expressed that, if this happened, they
would be at risk of being detained upon arrival to their country and tortured.
The same concern was expressed with regard to another group of about 400
persons who had reportedly been detained in Malaysia for more than a year and
were also at risk of being expelled to Indonesia.
Mauritania
Information transmitted to the Government
309. The Special Rapporteur addressed an urgent appeal to the Government
on 28 september 1992 in connection with incidents reported to have taken place
in the village of Sory-Male, M'Eagne department. The village was surrounded
by security forces on 23 August 1992 after the murder of an Arab trader and
all the men of the village were taken to the school for questioning.
Mr. Dia Hamath Atoumane, age 70, was reported to have died the next day
apparently because of maltreatment during interrogation. At least four men,
Sarr Alassane N'Dama, Niass Yaya, M'Eodl Hamidou and Diop Ismaila Denta has
been taken to Aleg and formally charged with murder. It was reported that
they had been tortured during interrogation and concern had been voiced that
they might be sublected to further maltreatment.
E/cN. 4/1993/26
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Mexico
Information transmitted to the Government and replies received thereon
310. In a letter of 21 August 1992 the Special Rapporteur forwarded a summary
of complaints received regarding the practice of torture in Mexico and various
individual cases. The Government commented on these cases in a reply
dated 16 November 1992.
Information transmitted to the Government with regard to the practice of
torture in general
311. According to the information received the criminal legislation in force
was amended in February 1991 to prevent abuses of human rights and reduce the
practice of torture. Under the new provisions the courts may not accept
confessions as valid unless they were made before a judge or member of the
public prosecutor's department and in the presence of the accused's lawyer or
other person enjoying his confidence.
312. Notwithstanding this reform the practice of torture seems to be
undiminished. There are undisguised administrative links between the public
prosecutor's office and the police and persons in custody are often brought
before the public prosecutor's office before a judge assumes responsibility
for the case. These links strengthen the possibility that even in the
presence of his lawyer a person in custody may make a false confession out of
fear that he may otherwise be tortured when he is again placed in the hands of
the police.
313. The Special Rapporteur has also been informed that the National Human
Rights Commission's recommendations in cases where members of the governmental
forces are found to have acted improperly have not generally been complied
with or have not been fully applied.
314. The Special Rapporteur has received a report which states that
of 180 prisoners questioned in north remand prison and the Santa Marta
Acatitla penitentiary 163 said they had been tortured by police after being
taken into custody. Women are also subjected to torture, which in their case
is characterized by sexual harassment, rape and threats of harm to children.
315. Torture seems to be practised throughout the country and by police of all
branches. Various methods are used. Electric shocks are applied to parts of
the body, the favoured targets being the genitals, nipples, mouth and eyes.
The prisoner's head is covered with a plastic bag which is tightened until he
is on the brink of suffocation. Alternatively the victim's head may be
immersed in a lavatory with human excrement in it, a septic tank or a water
tank. Mineral water, in some cases with chili added, is squirted into the
nostrils. The victim may be grabbed by the hair and yanked this way and that.
Sexual vexation may be taken to the point of rape or the prisoner may be
frightened by mock executions, threats etc. It is reported that doctors are
often under pressure by officials to produce false medical reports.
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Information transmitted to the Government regarding individual cases
316. Agustin Diego Garcia, Odilon Garcia Serafin, Abraham Miguel Prudencio,
Efrein Miguel Prudencio, Alberto Martinez Hernández and Daniel Muez Garcia,
all members of the Indian community of La Trinidad Yaveo, Santiago Yaveo,
Choapán, Oaxaca were arrested by the state police and judicial police on
25 January 1992. They were taken to the Maria Lombardo police barracks and
badly beaten. Alberto Martinez's head was banged against the wall and he and
Daniel Muez had their hands burnt with hot wax.
317. In this connection the Government states that investigation by the
National Human Rights Commission did not produce evidence of the torture
described. In statements in court prisoners stated their hands had been
injured by a stinging liquid. This seems to have been the effect of a test
used by the state prosecutor's office to detect traces of gunpowder on the
hands.
318. Ruben Diaz Diaz, Italo Ricardo Diaz Diaz, Rey Venegas Castro and
Delfino de Jesus Aguilar Hernández were arrested by the judicial police in the
Federal District on 7 June 1991. They were taken first to the Alvaro Obregón
office of the traffic and safety agency and later to the offices of the
Federal District public prosecutor's department. They were severely beaten
over a period of days, given electric shocks and had Tehuacan water squirted
in their nostrils to make them confess to various crimes and membership in the
clandestine workers' revolutionary party union of the people. Threats were
made to kill them and torture their families.
319. The Government stated that the National Human Rights Commission had been
unable to complete the file on the case because the complainants'
representatives had not supplied all the documentation required. Support was
however being given to the representatives in the criminal proceedings.
320. David Cabaflas Earrientos, Ana Maria Vera Smith and Elanca Lirio
Muro Gampoa were arrested by the Federal District judicial police on
12 June 1990. For a period of seven days they were subjected to repeated
death threats, severely beaten, brought to the brink of suffocation by plastic
bags placed over their heads and immersion of the head in water, given
electric shocks and burnt with cigarettes. As a result of the torture during
interrogation, the effects of which persisted for years,
Mr. Cabaflas Earrientos signed a statement in which he accused the ex-rector of
Benito Juárez and Oaxaca autonomous university and leader of the people's
national democratic front, Dr. Felipe Martinez Soriano, of murder. In
consequence Dr. Martinez Soriano was sentenced to nine years in prison.
321. The Government stated that as a result of the National Human Rights
Commission's efforts the confinement and segregation of the persons mentioned
in north remand prison had been suspended and they had been helped to obtain
medical assistance. The Commission had been unable to complete the file
because the complainants' representatives had not brought forward the required
documentation. They were however being given support in the criminal
proceedings.
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322. Francisco Quijano Garcia was arrested in Mexico City by the judicial
police in connection with a criminal investigation on 21 June 1990. His body
was found a year later with unmistakable signs of severe torture.
323. The Government stated the National Human Rights Commission had made
recommendations to the public prosecutor's department calling for the
initiation of criminal proceedings. The Commission considered that the action
so far taken by the Public Prosecutor Department had been incomplete and
unsatisfactory.
324. Raül Vázquez Hernández, age 15, was arrested in Villahermosa, Tabasco,
on 8 December and taken to the police station. While he was in solitary
confinement he was beaten on various parts of the body and suffered attempted
strangulation. Because of his injuries he was committed to the Juan Graham
public health hospital the following day.
325. The Government stated that the Tabasco State Public Prosecutor's
Department had informed the National Human Rights Commission that the prisoner
had not been maltreated by the personnel responsible for his detention and
that he had tried to hang himself. Expert examination by the Commission
established that the marks on the youth's body had been the work of
third parties. The investigation continues.
326. santiago Jiménez Sanchez was arrested by the State police in
Villahermosa, Tabasco on 8 January 1992. He was taken to the State Public
Prosecutor's Department where he was beaten, forced to swallow three coins and
had a jet of water squirted into his mouth. He was told he would be shot with
a pistol. A few days later he had to be admitted to the Juan Graham hospital.
327. The Government states that the case is being investigated by the National
Human Rights Commission.
328. Jesus Arturo Narváez Herrera was arrested by public security police in
Tacotalpa, Tabasco, on 26 January 1992. He was held for several hours during
which he was kicked and beaten with rifle butts.
329. The Government stated that the incident had not been the subject of a
complaint to the competent authorities and accordingly an investigation could
not be undertaken.
330. Mexico's periodic report was examined by the Committee against Torture at
its ninth session (9-20 November 1992) . The report is reproduced in
document CAT/C/17/Add. 3.
331. The Special Rapporteur was also informed that about 100 persons, most of
them members of the Ch'ol and Tzeltal Indian communities, were arrested while
taking part in a peaceful demonstration at Palenque, Chiapas, in late
December 1991. Those arrested were taken to the state public prosecutor's
Department at Tuxtla Gutiérrez. All were beaten and threatened with death.
For a number of days they received neither food nor medical treatment. The
following were the names of some of the detainees: Antonio Ramirez Jiménez,
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Efrain Gutiérrez Gómez, Rámon Parcero Martinez, Lorenzo Gómez Jimenez,
Sebastian Gonzalez Cruz, Francisco Gonzalez Gutiérrez, Tolentino Gómez Cruz,
Victor Mendéz Gonzalez Samuel Benito Perez and Manuel Martinez Perez.
332. The Government stated that the Indians detained in connection with the
incidents mentioned had been released, including nine who had initially been
remanded for trial.
Morocco
Information transmitted to the Government
333. In a letter of 12 November 1992 the Special Rapporteur informed the
Government that he had received reports that torture or threats of torture
were routinely used in police stations to intimidate persons in custody or
obtain confessions from them. Some persons in custody had died following
torture. One was Driss Touati, age 21, who was arrested at Rachidiya on
18 April 1991 and died a few hours after being taken to the police station.
334. The Special Rapporteur had also been informed of the case of
Samir Alsadi Jassin, a Spanish citizen who had been arrested by State security
police at Tangiers on 31 December 1989 had taken to their headquarters. There
he had been severely beaten. He was also suspended by means of a metal rod
between his arms and legs and the soles of his feet had been beaten. He was
released the same day.
Myanmar
Information transmitted to the Government and replies received thereon
335. By letter dated 21 August 1992 the Special Rapporteur transmitted to the
Government of Myanmar a summary of the main allegations received with regard
to the practice of torture in the country, as well as a number of individual
cases. The Government replied to this letter on 26 October 1992. In addition,
the Special Rapporteur made urgent appeals on behalf of persons who, according
to the information received, were at risk of being tortured. The Government
also replied with respect to some of these cases.
(a) Information with regard to the practice of torture in general
336. According to the reports received, the Myanmar armed forces ( tatmadaw )
and the paramilitary security force Lone Htein continue to seize arbitrarily
and ill-treat members of ethnic and religious minorities in rural areas of the
country. The victims include people who were detained because soldiers
suspected they might be sympathizers or supporters of ethnic minority
guerrilla groups that have been fighting the tatmadaw for many years. They
also include people seized by the tatmadaw and compelled to perform porterage
carying food, ammunition and other supplies - or mine-clearing work. Among
those who allegedly have been ill-treated are members of the Karen, Mon and
“Indian” ethnic minorities, which groups include people belonging to the
Christian, animist and Muslim religious minorities. Members of political
organizations have also been arrested, held in incommunicado detention for
long periods of time and subiected to torture. Forms of ill-treatment include
E/cN. 4/1993/26
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slashings with bayonets, beatings with sticks and kicks with heavy boots.
Rape of women while their husbands are taken away for porter duties seems also
to be a common practice.
337. with respect to these allegations, the Government replied,
on 26 october 1992, that the Myanmar armed forces and the paramilitary forces
alike were required by law to observe a strict code of conduct in performing
their duties. They were not allowed to seize at will or ill-treat fellow
citizens, nor is any misconduct in the performance of their duties condoned.
(b) Individual cases transmitted to the Government
338. So So Htun, a final year physics student from Yangon University, was
arrested on 9 December 1991 at a student volleyball game on the Yangon Arts
and Sciences University campus and reportedly subiected to torture.
339. with respect to this case, the Government reported that, according to the
records, nobody bearing that name had been detained. However, one So So Han
had been detained on 9 December 1991 for having dropped propaganda leaflets
from the upper storey of the Recreation Centre on the main campus of the
University of Yangon, inciting students to bring about disturbances. He was
tried by the military tribunal of Yangon Command and sentenced to 15 years'
imprisonment on 25 March 1992 under section S (1) of the Emergency Provisions
Act.
340. Magin Sayadaw, aged 71, a buddhist monk; Zaw Myo win and Them Han,
lawyers from Yangon, all three inmates at the Thayet prison, were said to have
been subiected to severe beating during April 1992. As a result, they could
no longer control their bladders.
341. with respect to Magin Sayadaw, the Government reported that he had made
preparations to carry out underground activities under the guise of conducting
a foreign language course. He also set up an illegal Young Monks' Front called
YMF and masterminded it from behind the scenes. He was arrested on
15 January 1991 and sentenced to seven years' imprisonment on 6 May 1991 under
section 5 (1) of the Emergency Provisions Act.
342. with respect to Zaw Myo win, the Government reported that he had made
contacts with an illegal organization called Da-Nya-Ta and was engaged in
illegal activities to cause disturbances. He was arrested on 24 July 1989 and
was sentenced to eight years' imprisonment under section 5 (1) of the
Emergency Provisions Act on 20 November 1989.
343. As for Them Han, the Government reported that he had led a mob which
threatened to use violence against the Yangon Zonal Elections Commission to
accept Daw Aung San Suu Kyi as a candidate for the multi-party democracy
general elections on 10 and 11 January 1990. For this offence, he was
sentenced to three years' imprisonment on 9 March 1990. He was released from
Thayet prison on 10 July 1992.
344. The Government also reported, with regard to the above-mentioned cases,
that due process of law had taken place and that there was no use of torture
during detention or imprisonment.
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345. In addition to the above-mentioned, the Special Rapporteur made urgent
appeals on behalf of the following persons. The dates on which they were sent
are mentioned in brackets at the end of the corresponding summary.
346. Fazal Ahmed, a member of the National Democratic Party for Human Rights
and the representative-elect for Maungdaw constituency (2) , was allegedly
detained by military personnel in late June 1992 in Arakan State. Fears were
expressed that he and two other unnamed parliamentarians-elect, reportedly
detained at the same time, might receive physical mistreatment. (17 July 1992)
347. On 24 August 1992 the Government reported that Faizal Ahmed was arrested
for his involvement in an attempt to plant a mine at a bridge near a golf
course in Euthidaung. While under arrest he was not subjected to any type of
torture or illtreatment.
348. Mohamed Ilyas, a local secretary of the National League for Democracy,
from Myothugyi village near Maungdaw town in Arakan State, was allegedly taken
into custody by army personnel on 16 June 1992 and beaten to death while under
military detention on 19 June 1992. (17 July 1992)
349. On 24 August 1992 the Government reported that action was taken against
Mohamed Ilyas for his involvement in an attempt to plant a mine at a bridge
near the golf course in Euthidaung. Mohamed Ilyas was 65 and had a record of
undergoing treatment for severe stomach pains long before legal action was
taken against him. While under arrest, he complained of severe stomach pains
and was given medical treatment. However, he succumbed to the illness. The
allegation that he was beaten to death while under arrest was not true.
350. Maung Nay Yein Kyaw, student, Tamwe; Maung Tun Tun, student, Thaketa;
Maung Naing Naing, student, Thaketa; Maung Soe Naing, student, Kyimindine;
U Tin Tun, Eohtataung; U Tun Shein, palmist, Pazundaung; U Swe Tint, Kanbe.
These persons were arrested on 8 June 1992 and interrogated at Mi-7 Detention
centre for several days. When they appeared at a court hearing at Hlaing
court on 3 August, some of them appeared to bear the marks of physical abuse
suggesting that they had been tortured. The court hearing was postponed until
17 August and the prisoners were being kept in a barracks within Insein jail.
They would be charged under section 5 (j) of the Emergency Powers Act, 1950.
Fears were expressed that they might be subjected to further ill-treatment.
(12 August 1992)
Pakistan
Information transmitted to the Government
351. On 27 October 1992 the Special Rapporteur communicated to the Government
of Pakistan that he had received information according to which prisoners held
for political reasons in police custody are frequently subjected to torture.
The purpose of torture appears to be the extraction of confessions, although
in some cases torture has been used to obtain information on the political
activities of opposition parties. Those responsible for torture are rarely
brought to justice. The most commonly reported methods of torture include the
use of fetters, beating with leather straps and hanging upside down.
E/cN. 4/1993/26
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352. It was also reported that female prisoners held for political reasons are
frequently raped in police custody. To register a case of rape the victim has
to have a medical examination performed within a very short time after the
incident to substantiate her charges; to be accepted in court the medical
examination must be carried out by police medical staff. In these
circumstances custodial rape is rarely brought to trial as the victims are
invariably too fearful to approach the police for the required medical
check-up.
353. The following individual cases were brought to the attention of the
Government:
(a) Essa Ealoch, tried by a special court for the suppression of
Terrorist Activities in Karachi for allegedly participating in a bomb attack,
stated in court that he had been hung upside down and whipped. His wife,
Khurshid Begum, reported that when she saw her husband during a hearing on
13 November 1991 she saw that his hands were bleeding as the skin had been
scraped off. After attending the court hearing of her husband, some police
officers in civilian clothing forcibly took her to a police van to an unknown
place, beat her up and raped her;
(b) Rajesh Mittal, an Indian diplomat, was reportedly arrested on
24 May 1992 by members of the military intelligence service, Inter Services
Intelligence, in Islamabad. He was held in detention for several hours during
which he was blindfolded, beaten and given electric shocks;
(c) Two journalists, Mohammad Ishaq Tunio of the English daily
The Nation and Shafi Bejoro of the Sindhi daily Af tab , were reportedly
detained on 28 April 1992 by police officers and armed officials of the ruling
alliance at that time as they were covering a by-election in Sanghar district
in Sindh province. They were reportedly kicked and beaten with rifle butts
for several hours;
(d) Naseeruddin was arrested, apparently in a case of mistaken
identity, by the Special Investigation Cell on 24 october 1991 in Karachi
instead of Naseer Ealoch, a political activist wanted in connection with the
murder of a judge. After three hours in police custody his body was
reportedly taken to the Civil Hospital, Karachi. Police claimed that
Naseeruddin had died in hospital of a heart attack; however, the police
surgeon reportedly confirmed that the death occurred as a result of torture;
(e) Mohammad Yusuf Jakhrani, a member of the opposition, was arrested
in Kandhkot on suspicion of harbouring bandits and died on 12 June in a
military hospital, allegedly after having been interrogated under torture by
the army.
354. Reports were also received of the arrest and ill-treatment of family
members and associates of political opponents. Thus, Zulfikar Ealoch was
arrested by police on 4 october 1991 together with his father, Essa Ealoch,
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from their home in Malir, Karachi. During interrogation about his father's
activities, he was reportedly hung upside down and beaten. He was released on
12 october 1991 reportedly in bad physical condition. According to the
testimony of his mother, his shoulders were dislocated and his body was
bruised and swollen all over.
Peru
Information transmitted to the Government and replies received thereon
355. In a letter of 21 August 1992 the Special Rapporteur advised the
Government of the information he had received concerning cases of torture in
Peru. The Government replied in a letter of 6 November 1992. The Special
Rapporteur had been informed that torture was used by the army and police as a
tool in interrogations and as a punishment. Members of Indian communities
were subjected to torture in military installations in the areas under a state
of emergency. In towns suspected criminals, suspected members of armed
opposition groups, trade unionists, students and other activists were
subjected to torture. The most commonly used forms of torture were beating,
immersion of the head in water to bring the prisoner to the brink of
suffocation, suspension by the arms for lengthy periods and threats of killing
or mutilation. In the areas where a state of emergency was in effect the
military frequently resorted to rape.
356. The following individual cases were reported.
357. Peter Anderson Rodriguez, a student at the Jungle Institute of
Technology, was arrested by soldiers at Tarapoto on 30 June 1991. He was
taken to the Morales military base, stripped and beaten until he lost
consciousness.
358. The Government stated that Anderson Rodriguez Flores had been arrested by
the army in June 1991. He was now an inmate of the Tarapoto prison following
conviction on a charge of terrorism. No complaint alleging physical
maltreatment or torture had been lodged.
359. Rolando Garcia Navarro was arrested by soldiers at El Sauce, Tarapoto,
San Martin (Alto Huallaga) on 25 November 1990. They beat him severely,
threatened to kill him and began to hang him.
360. The Government stated that Rolando Garcia Navarro lodged a complaint with
the San Martin provincial prosecutor's office alleging that the head of the
Sauce army detachment had arrested and tortured him on 25 November 1990. The
public prosecutor ordered a medical examination but the complainant did not
appear. In view of the complainant's failure to respond the prosecutor
decided to file the complaint.
361. Roger Quinteros Garcia was detained at Tarapoto by soldiers and subjected
to torture such as beating and electric shocks.
362. The Government stated that Roger Quinteros Garcia was detained by army
personnel. He subsequently lodged a complaint alleging that he had been
tortured at the military camp. He attended the hospital for medical
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examination. The medical report stated that he had abrasions in the right
molar region, haematoma in the left external ear canal and performation of the
left ear drum. Five days medical rest was prescribed. After the examination
the complainant did not reappear and a decision was made to file the case.
Nevertheless the senior prosecutor ruled that the military commander of the
Huallaaga front should be asked to identify the soldiers concerned and that
formal charges should be drawn up.
363. Henry Bartra Solsol was detained by army personnel of the Mariscal
Cáceres barracks, Morales, San Martin. He was badly beaten, tied in painful
positions, immersed in dirty water and underwent a mock execution.
364. The Government stated that Henry Bartra Solsol was detained in
August 1990 by army personnel and released on the 21st of the month. No
complaint of maltreatment was filed.
365. Limber Garcia Mozantite, age 16, was arrested at Tarapoto
on 15 September 1991 by members of the provincial technical police. He was
taken to the police station and severely beaten. He had to be taken to
hospital where an operation was performed on one hand.
366. The Government stated that the youth was arrested on the Tarapoto parade
ground where he was intoxicated and carrying a firearm. After the arrest it
was established that the lesion on his left hand had been caused when he clung
to a railing in order to avoid arrest. As no blame attached to the police the
case was filed.
367. Jorge Nabid Leon Ramirez was attacked by four members of the Los Linces
battalion on 12 January 1992 at the entrance to his home in Ayacucho. Because
of the blows received he had to be taken to hospital with broken ribs. Army
personnel attacked his brother César Augusto on 6 March 1992 and hit his nose
with an iron rod.
368. The Government stated that the Ministry of the Interior had initiated an
investigation.
369. olivia Perez Fernández, age 15, who was 7 months pregnant, was roughly
treated on 28 April 1992 by a military patrol from the Tarapoto barracks, the
headquarters of the Huallaga military command. As a result she is reported to
have had a miscarriage.
370. The Government stated that the miscarriage was the result of rough
treatment by her companion, Emegardo Pua Vela before the latter's arrest. The
records of the Tarapoto regional hospital show that Olivia Perez Fernández was
admitted on 16 April 1992. A note in the register reads “risk of premature
birth - 28 weeks pregnant - rule out injury to foetus”. She was discharged on
23 April and readmitted on the 29th with a diagnosis of premature birth. She
was discharged at her own request on 30 April. Emergardo Pua Vela is now an
inmate of the Tarapoto penal establishment having been convicted of terrorism.
371. Froyli Mon Vera, age 14, a secondary school pupil, was raped by a
lieutenant and six soldiers from Bellavista military base on 7 June 1992 in
Union, Nueva Lima, Bellavista.
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372. The Government states that the Bellavista province prosecutor initiated
an inquiry and on is september 1992 various members of the Leoncio Prado
military detachment at Tarapoto were charged with rape.
373. The special Rapporteur also made urgent appeals on behalf of the persons
listed below. The date of each appeal is given in brackets after the summary.
374. Reigen salami Cumapa and Meldin Pinedo Aspalo, both peasants, were
arrested by an army patrol on 25 April 1992 at san Miguel del Rio Mayo,
Tabalosos, Lamas, san Martin. They are reported to have been tortured at the
time of arrest in the presence of all the villagers. (5 May 1992)
375. On the morning of 6 May 1992 members of the police and the armed forces
tried to remove various sendero Luminoso prisoners from the Canto Grande
prison, Lima. According to the information received, this resulted in a clash
between the security forces and the prisoners (who appear to have been armed)
which lasted several hours and resulted in an unknown number of casualties.
Concern has been expressed that sendero Luminoso prisoners remaining in Canto
Grande might be tortured as a reprisal for this incident. (18 May 1992)
376. In this connection the Government stated that the safety of all the
prisoners was fully guaranteed and that it was not the practice of the
Peruvian Government to torture prisoners. Female prisoners have been
transferred to the santa Monica women's prison which is specially equipped to
accommodate them. The first incident was caused by the prisoners, who
attacked the unarmed police personnel who entered the women's wing of the
prison. The physical and mental integrity of the transferred prisoners is
assured as delegations of the Interamerican Human Rights Commission and the
International Committee of the Red Cross can confirm.
377. Roli Cachique Amasifuen, age 17, was arrested on 4 June 1992 by army
intelligence personnel near the Juanlui halt, Tarapoto, and taken to Marisca
Cáceres camp, Morales. There he was wounded in the abdomen by a shot from a
firearm and was in hospital for over 30 days without receiving medical
treatment. (9 July 1992)
378. The Government stated that the youth was arrested by army personnel
on 30 June 1992 and taken to the Leoncio Prado detachment's quarters. It was
there discovered that he was recovering from an injury, having been treated in
the Tarapoto hospital for a bullet wound in the abdomen received during a
clash at the Cainarachi narrows between terrorist criminals of the Tupac Amaru
Revolutionary movement and an army patrol. On 16 July 1992 he was placed at
the disposal of the Tarapoto first district deputy prosecutor, who released
him.
379. Wilger saldana Cotrina, a mechanic, Jose Vega Rivas, a peasant, Gipson
Tuanama Fasabi, Limber Tuanama Fasabi and Luis Alberto Gonzalez Rucoba, also
peasants, were arrested by army personnel at san José de sisa on 22 June 1992.
Concern has been expressed that they might be in danger of torture.
(9 July 1992)
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Information supplied by the Government under resolution 1992/42
380. In a number of notes verbales the Government has supplied extensive
information on acts of violence by terrorist groups in Peru during the
last 12 years and 1992 in particular. During the first seven months of the
year 306 members of the security forces, 1,029 civilians, 729 subversives and
10 drug traffickers lost their lives.
Philippines
Information transmitted to the Government
381. By letter dated 21 August 1992 the Special Rapporteur transmitted to the
Government of the Philippines information he had received on the following
cases of torture:
(a) Ricardo Manalac, Mascardo Manalac, Bienvenido Sibal, Ernesto Muli
and Idelfonso Magcalas were arrested on 9 July 1991 by members of the National
Police of Santa Rita (PNP), Guagua PNP and RECOM III, based in Camp Olivas,
San Fernando, Pampanga. They were mauled inside the military vehicle whilst
on their way to the lail; despite the bullet wounds sustained by Ricardo and
Bienvenido, Ricardo was burned with cigarette butts while Bienvenido was
struck with M-16 rifle butts;
(b) Terry Pahimnayan was arrested on 25 April 1992 at Barangav Imelda,
Mondragon, Northern Samar, by members of the Citizens Armed Forces
Geographical Units (CAFGU) who, at the same time, killed his brother Charito.
He was taken to the Barangay Imelda Base where he was tortured before being
released the next day;
(c) Nelson Matugas was arrested on 17 May 1991 in the village of Pili,
near Danao city, Cebu, by members of the police and CAFGUs. He was severely
beaten and hung from his hands in order to make him confess his membership in
the New People's Army (NPA);
(d) Jaime Cabohocan and Felimon Cabanatan were arrested on
18 April 1992 at Barangav 1, población Giperles, Eastern Samar, by members of
the army who took them to the Giperles municipal lail where they were
tortured. When they were visited by members of their familiy the following
day they complained of body aches and had difficulties in walking;
(e) Larry Guillema, a member of the Federation of Concerned Artist in
Negros and the League of Filipino Students, was arrested on 22 June 1992 he
was arrested in front of West Negros College by armed men in fatigue uniforms
believed to be members of the Military Intelligence Group. During his
detention he was subiected to severe beatings and burned with lighted
cigarettes.
382. The Special Rapporteur also received information about the following
cases of women who were raped by members of the military:
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(a) Cherry Mendoza and Cecilia Sanchez, from Bataan, were sexually
assaulted and threatened in December 1990 in order to make them confess their
membership in the NPA;
(b) Julia-An de la Vega, aged 14, from Malicbong Abra, was raped on
27 January 1991 by three soldiers belonging to the “Cordillera Regional
Special Action Force”. Despite the fact that the rape was confirmed by a
medical report, no action was taken against the aggressors.
Information submitted by the Government in connection with Commission
resolution 1992/42
383. By letter dated 31 August 1992 the Government reported that, during the
period 1990-1992, severe human rights violations had been persistently
committed by the Communist Party of the Philippines, New People's Army
(CPP/NPA) , the Moro National Liberation Front (MNLF) and the Mindanao Islamic
Liberation Front. The CAFGUs and the Civilian Volunteer Organizations (CVO5)
were also considered responsible for human rights violations.
Republic of Korea
Information transmitted to the Government
384. By letter dated 12 November 1992 the Special Rapporteur communicated to
the Government that he had received information on the cases of four persons
who were arrested without a warrant in August 1992 under the National Security
Law, taken to the Agency for National Security Planning and denied access to
lawyers. It was also reported that they were beaten and deprived of sleep
during interrogation. Their names are: Kim Nak-jung, arrested on 25 August,
and Shim Keum-sup, Kwon Du-young, and Noh Jong-sun, arrested on 27 August.
Russian Federation
Information transmitted to the Government
385. On 4 August 1992 the Special Rapporteur sent an urgent appeal to the
Government of the Russian Federation concerning the conditions of detention at
the Kresty pre-trial jail in St. Petersburg. According to the reports, on
27 February 1992 a large number of prisoners were severely beaten and, as a
result, one of them was killed. Other incidents involving beatings of
prisoners reportedly took place since then. The names of Pavel Posokhov,
Valery Alexeev, Igor Mazurov, Anatoly Morozov and Yury Lovric were mentioned
among those prisoners alleged to have suffered this kind of treatement. In
addition the cells at Kresty prison were said to be overcrowded, sanitary
conditions extremely bad and medical care practically non-existent.
Rwanda
Information transmitted to the Government and replies received thereon
386. In a letter of 21 August 1992 the Special Rapporteur informed the
Government that he had received reports that prisoners had been tortured
during the months following the mass arrests of October 1990. There had, it
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was alleged, been brutality during the arrests and subsequently torture had
been used during interrogations by the central intelligence service (5CR) , the
security police and the national gendarmerie. The detention centres where
torture was reported to have been most frequently practised were the
gendarmerie building in central Kigali known as “central records” and the
“criminology service”, the Gikondo and Muhima detention centres and the armed
forces headquarters at Kigali. The following cases were reported:
(a) Charles Mukuralinda was arrested in October 1990 and sent to the
national gendarmerie detention centre at Gikondo. He was transferred to the
Ruhengeri main prison in north western Rwanda. During questioning the
security police whipped and kicked him and electric wires were attached to his
right hand. He was confined for a few days in one of the unlighted cells
known as black holes;
(b) Donatien Rugema was arrested by security police personnel on
16 November 1990 and beaten with an electric cable. He spent a few days
manacled in a black hole;
(c) Godefroid Nshimiyimana, of the newspaper Kaberinka was arrested on
6 December 1991. He was severely beaten during his three days in detention.
(d) Boniface Ntawuyirushintege, of the newspaper Umurange , was arrested
in December 1991 and heavily beaten in the Kigali security police
headquarters.
387. Torture and maltreatment seems to have been facilitated by the absence of
safeguards against arbitrary detention, in particular the refusal to allow
families, lawyers and independent doctors to get in touch with detainees.
Other factors were the absence of judicial supervision of detentions which
lasted for weeks or months after arrest and the fact that when cases came to
trial and the accused testified to the torture they had undergone, the state
security court did not order an investigation.
388. Further information has reached the Special Rapporteur regarding
maltreatment during detention by the military. The armed forces seem to have
tied their prisoners up in such a way as to hurt them and even cause injuries.
Arms were tightly bound above the elbows and behind the back. In some cases
legs were pulled up and secured to handcuffs. In most cases ropes were pulled
so tight round arms that they caused injuries.
389. The Special Rapporteur addressed an urgent appeal to the Government on
behalf of eight members of the Tutsi ethnic minority - Shabani Gasiwga,
Ali Hitimana, Kayziranga, Hadj haruna Maboyi, Louis Nkusi, Evariste Sissi,
Bosco Uwizeyimana and Vianney, son of Mbundi. They are reported to have been
arrested during June and accused of having helped to recruit supporters of the
opposition Rwandan Patriotic Front. They were detained for several days in
the Kigali” central records” detention centre and were tortured. They were
then transferred to the Kigali central prison. Concern has been expressed
that they may again be subjected to maltreatment.
390. The Government informed the Special Rapporteur on 3 september 1992 that
the persons mentioned had been arrested and were being tried for offenses
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against the security of the State and not because of their ethnic origin. The
procedure for provisional detention had been complied with. A ludicial
enquiry had been initiated into the conduct of members of the ludicial police
accused of the maltreatment of some them at the time of their arrest and was
being reviewed at the Kigali court of first instance. Under the cease fire
between the Government and the Rwandan Patriotic Front all the persons
mentioned were released on 17 July 1992.
Saudi Arabia
Information transmitted to the Government and replies received thereon
391. The Special Rapporteur made urgent appeals on behalf of the persons
mentioned below. The dates on which they were transmitted appear in brackets
at the end of the corresponding summaries.
392. Muhammad al-Fasi, a Saudi Arabian businessman, was arrested in Amman
on 2 october 1991 by Jordanian security forces and subsequently handed over to
Saudi Arabian authorities. He was reportedly being held incommunicado at the
General Investigation Directorate ( al-Mabaheth al-'Amma ) in Riyadh and was
said to be frequently subiected to torture, such as beatings all over his body
and falaga . He had also reportedly been shackled throughout his detention and
blindfolded for extended periods. (14 February 1992)
393. On 10 March 1992, Maha Sa'ad-ul-Din Eanat, a Syrian national, was
sentenced to 200 lashes by the Sheriah Court of Expedient Affairs in Riyadh.
Maha Eanat was accused of adultery with Ahmed al-Zahrani, a man she claimed
she did not know. Ahmed al-Zahrani, a Saudi citizen, was sentenced by the
same court to three months in prison and 100 lashes. The administration of
the lashings was postponed for the duration of the holy month of Ramadan. It
was also reported that Maha Eanat, her 15-year-old daughter Ansaf Eanat and
Ahmed al-Zahrani were arrested by members of the “Committee for the
Propagation of Virtue and Prevention of Vice” (CPVPV) . The arrests took place
in Riyadh on 12 February after an argument ensued between Ahmed al-Zahrani and
Maha Eanat, who accused him of propositioning her daughter. The quarrel
caught the attention of a member of the CPVPV. Apparently in an attempt to
deny the accusation, Ahmed al-Zahrani reportedly claimed that he had given
Maha Eanat 500 riyals for sexual favours. The three were taken to the CPVPV
headquarters in al-Muraba' in Riyadh. During questioning, Ahmed al-Zahrani
was allegedly beaten and made to sign a confession stating he had had a sexual
relationship with Maha Eanat. Ansaf Eanat was also reportedly threatened and
made to sign a confession to the effect that her mother knew Ahmed al-Zahrani.
Ansaf was released after five hours while her mother remained in prison for
four days, reportedly without food. Subsequently, the Shariah Court of
Expedient Affairs in Riyadh charged Maha Eanat and Ahmed al-Zahrani with
adultery and passed the sentences. There were reportedly no defence lawyers
or witnesses present and there was no possibility of appealing the court's
decision. (13 April 1992)
394. with respect to this case, the Government reported, on 23 April 1992,
that the allegation was fabricated. Had it been true, the Syrian Embassy in
Riyadh would not have hesitated to get in touch with the competent authorities
in Saudi Arabia.
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Senegal
Information received from the Government with respect to cases included in
previous reports
395. In a reply dated 25 March 1992 the Government responded to the Special
Rapporteur's letter of 14 February 1991 concerning the cases of Bibta Niassy,
Laminé Sane, Fatima Diatta, Louis Sadio and other inhabitants of Kartiak and
Atome Manel Diatta, Viviane Sagna and other women of the Colobane district.
(See E/cN.4/1992/17, paras. 199 and 200) The Government stated: “no
Sengalese authority, judicial or otherwise, has been seized of these cases by
the supposed victims, by lawyers or even by anonymous informants . . . However,
to cite only these two examples, Atome Manel Diatta and Viviane Sagna, who
were the subjects of file RP No. 19/90 and were placed in custody on
26 June 1990 after being charged by the examining magistrate, never made a
statement to this effect, despite the availability of duly appointed counsel”.
396. The Government also referred to the case of Samuel Assoua Diabone,
Sékou Mary and Gabguilo Djibalêne. In his letter the Special Rapporteur
stated that he had been informed that the persons mentioned had died in
consequence of torture.
397. The Government stated that the Attorney General had ordered an inquiry
into the causes of the death of Samuel Assoua Diabone. As an outcome of the
inquiry, proceedings had been initiated by the Ziguinchor examining
magistrate.
398. In the case of Sékou Mary an inquiry had been initiated but the medical
certificate referred only to superficial lesions, facial swelling and oedema
of the left elbow. The lesions were insufficient to explain Sékou Mary's
death which might have been due to some malady. No autopsy had been
undertaken and none had been requested by the parents, who had simply accepted
their daughter's body for burial. The public prosecutor had not considered it
necessary to open proceedings as on the face of things the evidence ruled out
homicide.
399. Ganguilo Djibalenê had been charged with the organization of an unlawful
association and conspiracy to undermine the authority of the State and the
integrity of the national territory. He had been taken into custody on
27 June 1990. He was admitted the same day to the special ward of the
Aristide le Dantec hospital for “an infectious syndrome resulting from
suppurating cutaneous wounds with many cutaneous abrasions”. He died on
1 July 1990 and the enquiry failed to establish the cause of death. The
deceased had been arrested at Casamance and treated in hospital before his
transfer to Dakar, the seat of the competent judge.
South Africa
Information transmitted to the Government
400. By letter dated 12 November 1992 the Special Rapporteur communicated to
the Government that he had received information on the following cases of
death as a result of torture:
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(a) Solly Maele Mogashoa, a teacher at Namakgale, Phalaborwa, and an
active member of the South African Democratic Teachers Union (SADTU)
According to eyewitnesses, on 13 october 1991 he was arrested and beaten by
members of the Lebowa “homeland” police based at Namakgale police station,
Phalaborwa, in Transvaal province. He was then taken to Namakgale police
station where he later died on 14 october 1991, apparently following further
beatings. A pathologist who conducted a private post-mortem examination
reported that Solly Maele Mogashoa had suffered various iniuries including a
fractured skull and fractured rib, and that there were multiple bruises and
swellings on various parts of his body. The pathologist found that he died as
a result of a fractured skull, with epidural haemorrhage and shock.
Subsequently, two officers of the Lobowa police force were charged with
murder;
(b) David Mokgalaka, a farm labourer at Lichtkraal Farm, was arrested
on 1 November 1991 by members of the South African Police stationed at Louis
Trichardt. According to reports, his hands were tied behind his back and to
his feet, and he was then assaulted by members of the police who punched him
with clenched fists, kicked him and stamped on parts of his body. He was also
assaulted with a siambok (whip) . He was later put into the police vehicle and
driven away. Later that day, two members of the South African Police arrived
at the home of David Mokgalaka and took his father and grandmother to Louis
Trichardt police station where his grandmother identified his body, which was
seen to be still bleeding from a head wound. According to the post-mortem
examination carried out by an independent pathologist, the death resulted from
a bullet wound in his head, and other bullet wounds were also found in his
chest and one of his arms. There were also bruises on various parts of his
body consistent with blows from a blunt obiect.
Spain
Information transmitted to the Government and replies received thereon
401. In a letter of 21 August 1992 the Special Rapporteur informed the
Government that he had received reports of cases of torture alleged to have
occurred in Spain. Replies dated 2 November 1992 were received regarding the
following cases:
(a) David Garcia Gómez, a student, was arrested at his home on
21 March 1992 by personnel of the national police who beat and threatened him.
The Government stated that David Garcia Gómez had been arrested by officials
of the Eilbao police headquarters on 20 March 1992 on suspicion of being a
member of a support group of the ETA-M terrorist organization. On 22 March he
made a statement at the police station in the presence of a court appointed
lawyer. On 24 March he was placed at the disposal of examining magistrate's
court no. 1. Various ludicial boards conducted medical examinations on 21, 22
and 23 March. No evidence of torture having been discovered, the ludicial
authorities took no further action and decided not to initiate criminal
proceedings to establish the facts;
(b) Mario Artola Mebdibe was detained by civil guards at his home in
Donostia on 6 January 1992. He was severely beaten, particularly on the left
leg which sustained a fracture of the tibia and fibula. The Government stated
E/cN. 4/1993/26
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that Mr. Artola had been arrested as a suspected member of the ETA-M terrorist
organization. Noticing the guards he attempted to escape from the back of the
house, jumping from the first floor. When he fell to the ground the guards
ordered him to halt. In response he opened fire and to halt the attack a
guard shot him in the leg so as not to cause fatal injury. As a result of the
leap and fall the suspect fractured his left leg. Once arrested he was rushed
to San Sebastian Red Cross hospital where he remained until doctors authorized
his removal to the Gregorio Maraflon Madrid Provincial Hospital. The examining
magistrate later ordered his transfer to the general penitentiary hospital.
The suspect was never held in police premises. He was always in hospitals,
where statements were taken in the presence of a lawyer. He was moved between
hospitals in ambulances and the medical staff never commented or complained
that he had been maltreated or subjected to torture by his guards or by anyone
else;
(c) Jon Arriaga Gorizelaia was arrested at Gernika by civil guards on
29 January 1992. He was beaten and threatened and a plastic bag was placed
over his head nearly suffocating him;
(d) Imanol Elorriaga Eilbao was arrested at Gernika by civil guards on
29 January 1992. He was beaten and given electric shocks and threats were
made to torture his wife;
(e) Juan Ramón Rojo was arrested at his home in Easauri by civil guards
on 29 January 1992. He was insulted, threatened with a fire arm, pulled about
by the hair and hit on sensitive parts of the body;
(f) Josu Eguzkiza was arrested at his home in Santurtzi by civil guards
on 29 January 1992. He was beaten, given electric shocks, suffered sexual
harassment and underwent a mock execution;
(g) Iflaki Eereziartua Gonzalez, student, was arrested at his home in
Eilbao by civil guards on 29 January 1992. He was beaten and given electric
shocks;
(h) Pedro Cacigal Becerril was arrested at his home in Earakaldo by
civil guards on 29 January 1992. He was beaten for four or five hours and
forced to do repeated knee bends;
(i) Itxaso Sevillano Vidaurre, seven months pregnant, was arrested at
her home in Gernika by civil guards on 29 January 1992. She was sexually
harassed and threatened with abortion;
(j) Encarni Elanco Abad was arrested at her home in Santurtzi by civil
guards on 29 January 1992. She was hooded and badly beaten. She was also
sexually harassed;
(k) Paula Garcia Rodriguez was arrested at her home in Easauri by civil
guards on 29 January 1992. She was insulted, threatened with death, beaten
and given electric shocks on the legs, hands and belly. The guards threatened
to torture her son and she was forced to listen to her husband being tortured;
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(1) Itziar Amezaga was arrested at her home in Getxo by civil guards on
29 January 1992. she was hooded and beaten and a plastic bag was put over her
head. she was also sexually harassed;
(m) José Maria Arazamendia, workman, was arrested at his home in
Elorrio by civil guards on 29 January 1992. He was badly beaten;
(n) Maria Angeles Larrea, housewife, was arrested at her home in Getxo
by civil guards on 1 February 1992. she was beaten and sexually harassed;
(o) José Felix Marias Matyrana, workman, was arrested at his home in
Elorrio by civil guards on 3 February 1992. He was beaten and given electric
shocks;
(p) José Maria Azpitarte Ispizua, retired, was arrested at his home in
Eermeo by civil guards on S February 1992. He was beaten and threatened;
(q) Rosa Maria Arán Txakartegi, worker, was arrested in Gernika by
civil guards on 5 February 1992. she was beaten. A plastic bag was placed
over her head and she was given electric shocks on sensitive parts of the
body. she was also sexually harassed;
(r) Begofla Ezkerra, waitress, was arrested in Eermeo by civil guards on
6 February 1992. she was forced to do repeated knee bends, beaten, suffered
sexual harassment and was nearly suffocated by means of a plastic bag placed
over her head;
( 5) Alejandro Casanova, waiter, was arrested in Earakaldo by civil
guards on 25 February 1992. He was forced to do repeated knee bends and
beaten on the testicles, stomach and kidneys;
(t) Felix Gonzalez Huidobro, unemployed, was arrested at his home in
Earakaldo by civil guards on 25 February 1992. He was severely beaten, nearly
suffocated by means of a plastic bag placed over his head, and given electric
shocks;
(u) Estanislao Davadillo, electrician, was arrested at his home in
Earakaldo by civil guards on 25 February 1992. He was badly beaten, given
electric shocks and suffered sexual harassment.
402. The Government states that all the persons listed were correctly treated.
They were under judicial supervision at all times since the judge on duty at
the high court and the judge of the place where the arrest took place were
notified of the arrests immediately they occurred. All the detainees, with
the exception of José Felix Marias Maturana and José Maria Azpitarte, who were
released at area headquarters, were taken to civil guard headquarters and
remained there until they made a statement for later presentation to the
national court. While at the headquarters they were visited on various
occasions by national court forensic medical practitioners who did not report
lesions on any of them.
403. The special Rapporteur was informed that under the Criminal Proceedings
Law persons arrested by reason of suspected connections with an armed band
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may, subject to judicial authorization, be held incommunicado for five days.
Families are not informed of the fact of detention or of the place where the
suspect is detained. A lawyer is appointed by the court. According to
informants this practice facilitates the practice of torture.
404. The Special Rapporteur made an urgent appeal on 13 March 1992 in
connection with the hunger strike by a group of prisoners at the
Salto del Negro prison at Las Palmas, Canaries. Their names were
Itziar Arrizabalaga Osa, Patxi Cabello Perez, Iflaki de Juana Chaos,
Ander Errandonea Arruti, Esteban Esteban Nieto, Jon Etxeandi Zorroza,
Jon Gaztelumendi Uribarren, Pedro Guridi Arozena, Joxean Kortadi Alustiza,
Manuel Muiflos Garcia, Xabier Oregi Etxebarria, Jon Tapia Irujo,
Daniel Vidal Magallanes and Jose Ma. Zabarte Arregi. The prisoners are
reported to have been subjected to repeated beatings and incarceration in
punishment cells. Two of them, Jon Etxeandia Zorroza and
Daniel Vidal Magallanes, were severely beaten on 1 February 1992, touching off
the hunger strike. It was also reported that the prisoners have not received
medical attention and that some were in very bad health when visited by their
families.
405. On 14 April 1992 the Government stated that there had been no beatings,
ill-treatment or similar measures. The prisoners involved were serving long
sentences and were subject to control and supervision for security reasons.
Where prisoners were placed in solitary confinement because of insubordination
and the danger they presented, the measure was taken in strict conformity with
the law. This required that prisoners in solitary confinement should occupy
cells similar to the remaining cells in the establishment and subject to the
report of the prison doctors, who keep inmates in solitary confinement under
daily observation. If the inmate is ill, he undergoes the punishment in the
cell he normally occupies and has the right to an hour's exercise daily. The
hunger strike was not caused by alleged ill-treatment of the prisoners. The
strike, which began in late 1991 and ended on 15 March, was conducted in
accordance with a preconceived general plan for ETA prisoners in all Spanish
prisons to put pressure on the authorities. Before starting the hunger strike
the inmates had accumulated stocks of high energy and high protein food.
Throughout the strike they were kept under continuous, permanent and
individualized medical observation.
406. On 21 May 1992 the Special Rapporteur made a further urgent appeal on
behalf of a group of 12 prisoners in Salta del Negro prison who began another
hunger strike on 24 April 1992. According to the information received the
strike had been called in response to the prison authorities' failure to carry
out the agreements reached earlier. The strikers' state of health was said to
be giving rise to great concern.
Information received by the Government with respect to cases included in
previous reports
407. On 10 February 1992 a reply was received from the Government
regarding the cases of Maria Arrate Lejarza, Estibaliz Lejarza and
Jesus Maria Salterain, who were arrested in November 1990 and alleged to have
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been tortured. (E/cN.4/1992, para. 207) The reply stated that the cases which
were reported to the Committee against Torture in late 1990 had never been
the subject of complaint to the Spanish judicial authorities.
408. The Government stated that the Lejarza brothers were arrested on
18 November 1990 and underwent a medical examination the following day. The
examination did not reveal external signs of lesions. A second examination on
21 November 1990 also revealed no signs of maltreatment. The same day they
made statements to the magistrate in the presence of a lawyer that they had
not been subjected to maltreatment.
409. Jesus Maria Salterain was detained on 19 November 1990. He was taken to
the forensic medical practitioner of the No. S Central Examining Court of
Madrid and told him that he had been beaten, given electric shocks and near
suffocation by means of a plastic bag placed over his head. He made the same
statements to the examining magistrate, the prosecutor and his lawyer on
21 November 1990. Neither the magistrate nor the prosecutor thought it
necessary to investigate the incidents asserted by Mr. Salterain. Nor did the
defence lawyers ask for the initiation of such action.
Sri Lanka
Information received from the Government with respect to cases included in
previous reports
410. On 31 March 1992 the Government replied with respect to the case of
Florence Ariamalar Gnanakone on behalf of whom the Special Rapporteur had made
an urgent appeal on 22 May 1991 (E/CN.4/1992/17, para. 208) . According to the
sources, she was arrested on 9 May 1991 in Colombo by the Criminal
Investigation Department; from 9 to 15 May 1991 she was detained at Police
Headquarters, where she was severely mistreated. She 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.
411. According to the Government's reply, Mrs. Ariyamalar was arrested for
possession of heroin and taken to the Police Narcotic Bureau. The next day,
members of her family were granted permission to speak to her and to provide
her with food and medicine. On the same day she was produced before a
magistrate who ordered her immediate transfer to the Welikada Remand Prison.
During her detention at the Police Narcotic Bureau, she was not harassed or
ill-treated by any of the officers.
Sudan
Information transmitted to the Government and replies received thereon
412. By letter dated 21 August 1992 the Special Rapporteur transmitted to the
Government information he had received on the following cases of torture which
allegedly occurred in Sudan:
(a) Ahmed el Hussein, Deputy Secretary-General of the Union Democratic
Party, former Minister of the Interior and former Deputy Prime Minister, was
reportedly arrested in May 1992, beaten and tortured by the security forces;
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(b) Bothaina Doka, a nurse from the Huba Mountains who was working at
the Khartoum Civil Hospital, was arrested in December 1990 by security
officers. During her detention, the officers gagged her and strung her up
from the ceiling by her hands (behind her back) and feet and beat her from
morning to midnight. She was also denied food and use of the bathroom and
threatened with rape;
(c) Sharaf Eldin Yassin Mahmond, journalist; Nur al-Huda Mohamed Nur
al-Huda; Jamal Ibrahim, leader, Iqd al-Jallad Music Band; Uthman al-Naw,
member, Iqd al-Jallad Music Band; Omar Bannaga, member, Iqd al-Jallad Music
Band; Anwar Abdelrahman, member, Iqd al-Jallad Music Band; Muhammed Shammat,
member, Iqd al-Jallad Music Band; Muhammed Mahmoud, student, Graduate College,
Khartoum University; Abdallah Muhammed Ahmed, businessman; Abdelwahid Muhammed
Ahmed, businessman; Adel Hassan, employee, Khartoum University;
Al-Sir Abdelkarim, employee, Faculty of Engineering, Kartoum University;
Baha's al-Din Hassan Daoud, employee, Faculty of Agriculture, University of
Khartoum; Omar Muhammed Saleh, journalist, al-Thawra al-Shaabia banned
newspaper; Salah Sulayman Bakheit, graphic artist; Ali al-Amin, graphic
artist; Abdelwahid Warrag, journalist, al-Ouwat al-Musallaha newspaper;
Al-Mardi al-Mualim, graphic artist; Muhammed Ali, businessman; Mahmond
Jah-Allah, graphic artist; Mustapha Ahmed Hassan, captain, Sudan River
Navigation Authority; Al-Amin Kuku, soldier; Muhammed al-Mahdi, Imam,
al-Khalif a Mosque, Omdurman; these persons were among a group of 64 people
arrested in July 1991 and taken to the Headquarters of the Public Security
Organ (PSO) where they were severely beaten and threatened with death. Some
days later they were transferred to Beit al-Ashbah, one of the detention
centres known as “ghost houses” where the beatings continued with truncheons
and whips for several hours. During their stay at Beit al-Ashbah they were
placed in a cell together with other detainees who had also been seriously
beaten and threatened. Their names are: Adulaziz Gaafer, economist;
Abu-Bakr al-Amin, journalist; Alaa Eldin Himoura, trader; Adel Abul-Qassem,
state employee; Muhammed al-Balla Abdallah; Atef Amin, Egyptian citizen
accused of spying; Idris Muhammed, Ethiopian citizen; Sulayman Muhammed Nur,
Ethiopian citizen; Tambai, Ethiopian citizen; Taha Abdul-Gadir, Ethiopian
citizen; Omar Adlan, trade unionist; Abdul-Rahman Ibrahim, student;
Ali-al-Umdah, businessman; Mustapha Youssef, engineer; and Ibrahim Bakht,
university teacher;
(d) Ahmed Osman Sirraj, head of the Psychiatry Deptartment of the
University of Khartoum, was reportedly arrested on 9 September 1990 and taken
to security headquarters. He was held incommunicado for five months during
which period he was tortured.
(e) Siddig Yousif Ibrahim, engineer, arrested in January 1990 and Abu
Bakr Al Amin, journalist, arrested in November 1990. These two persons were
reportedly severely tortured for one month before being transferred to
Kobar prison.
413. with respect to these cases, the Government reported on 23 November 1992
that a committee headed by the Prosecutor General was appointed to carry out
an investigation. According to the conclusions reached by that committee,
some of the persons mentioned were never detained, with the exception of one,
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none of those detained filed a complaint to the appropriate authorities
alleging torture or ill-treatment. In that exceptional case the official
responsible was tried and sentenced to one year imprisonment.
414. The Government also reported that rumours of torture started to circulate
locally and abroad beginning in 1990. To be able to distinguish between
genuine cases and mere fabrications by the opponents of the Government,
section (40) of the National Security Act was amended. As a consequence of
that amendment, the judiciary was authorized to investigate any allegation of
torture or ill-treatment. A Supreme Court judge was named to receive and
investigate such allegations. Furthermore, a lawyer from the
Attorney-General's office was given accesss to all detention centres. He was
authorized to enter any centre at any time and investigate any complaint of
torture or ill-treatment.
415. The repealed Penal Code of 1983 did not contain a provision against
torture or ill-treatment of detainees. For the first time torture and
ill-treatment of detainees was made a criminal offence punishable with
imprisonment under section (115) of the 1991 Penal Code. The measures
described clearly show the Government's determination to prevent the
occurrence of torture and punish whoever violates that policy.
416. In addition to the above-mentioned, the Special Rapporteur made urgent
appeals on behalf of the following persons, regarding whom fears were
expressed that they might be subjected to torture. The dates on which they
were sent appear in brackets at the end of the corresponding summary.
417. Ali Al-Mahi Al-Sakhi, a foundry worker and President of the banned Sudan
Mint Workers' Trade Union, as well as Muawia Umran, a worker, were reportedly
arrested for political reasons in the third week of November 1991 in Khartoum.
Abdel Aziz Dafalla and Abul Hassan were reportedly arrested around the same
time, apparently in connection with the circulation of opposition pamphlets in
Khartoum. All four men were believed to be held without charge or trial in
secret detention centres. It was also reported that other persons arrested
since November 1989 and taken to secret detention centres had been subjected
to torture. (20 December 1991)
418. Colonel Mustafa al-Tay and 40 other officers serving in the army and
airforce were arrested in Khartoum and Omdurman on 2 February 1992, for taking
part in an alleged coup attempt, and were said to be kept in detention centres
run by the “security of the Revolution”. It was also reported that people
arrested and taken to those detention centres were very often subjected to
severe torture such as being whipped and burnt by hot irons.
(14 February 1992)
419. Awad al-Sharif, an engineer from Khartoum, arrested on 1 January 1992;
Philip Akot Akok, once a member of the former Southern Sudan Regional Assembly
and member of the Dinka ethnic group, arrested in mid-February 1992 in
Khartoum; Adnan Zahir Surur, a lawyer, arrested in Khartoum around
12 February 1992; Kamal al-Gizouli, a lawyer and Secretary-General of the
Sudanese Writers' Union, also arrested in Khartoum around 12 February 1992;
Makoi Wuol Manuer, head of the relocation programme of the Sudan Council of
Churches and member of the Dinka ethnic group from Eahr al-Ghazal, arrested in
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Khartoum on 9 February 1992. According to the information received these
persons were being held without charge or trial either at security
headquarters in Khartoum or in a secret detention centre. (30 March 1992)
420. Peter Cirilio, former Governor of Equatoria, and Nicola Aboya, of the
Police Command in Juba, were arrested in Juba in mid-June 1992 on suspicion
that they had knowledge about an impending insurrection and had failed to
inform the authorities. It was also alleged that they were tortured while in
detention and that they had been transferred to an unspecified place in
Khartoum. (17 July 1992)
421. Omar Mohamed Mokhtar, Salah Mohamed Idris, Magdi Mohamedani, Mokhtar
Fadul and Shehab Ahmad Gaafar, all trade unionists, were arrested in late
August 1992 and held in incommunicado detention in Kartoum. They were said to
be held in one of the capital's detention centres known as “ghost houses”
which are run by the Government's security service. (25 September 1992)
422. Mohamed Sid Ahmed Atig, journalist, and Tigani Al Hussein Daffa El Sid
were reportedly arrested without warrants in May 1992 in Khartoum and held in
incommunicado detention. It was also reported that they had been tortured and
that they were at risk of being further subjected to this kind of treatment.
(23 october 1992)
Information received from the Government with respect to cases included in
previous reports
423. On 24 January 1992 the Government transmitted information with respect to
the cases of Muawia Gaffaar, Zein Al-Abdeen Eltayed and Adnan Zahir Surur, on
behalf of whom the Special Rapporteur made an urgent appeal on 4 November 1991
(E/CN.4/1992/17, para. 219) . Regarding Muawia Gaffaar, the Government
informed that an investigation was being carried out. Regarding
Zein Al-Abdeen Eltayed, it was reported that he had never been detained. As
for Adnan Zahir Surur, he was released and the allegations claiming that he
was tortured were false and unfounded.
424. The Government also transmitted information on 19 December 1991 according
to which the High Court of Justice did not confirm the sentence to cross-limb
amputation concerning Haroun Abdel Karim and changed it to life imprisonment
(E/CN.4/1992/17, para. 218)
Sweden
Information transmitted to the Government and replies received thereon
425. On 10 April 1992 the Special Rapporteur sent an urgent appeal to the
Government of Sweden concerning Ahmet Aktas, a Turkish citizen who was
arrested on 25 June 1991, convicted of rape in October 1991 by the Gota
(Hovratten) Court and sentenced to five years' imprisonment. He was being
held in Kumla prison and, according to the information received, he had been
severely beaten on several occasions. In particular, it was alleged that on
20 and 23 December 1991 he was beaten for refusing to sign a document in
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Swedish that he could not understand and on 13 January 1992 for requesting the
delivery of a package. Fears were expressed that he might be subjected to
further ill-treatment.
426. The Government replied to this case on 8 May 1992 by sending a report
from the Governor of Kumla prison. According to it, Mr. Aktas was a mentally
abnormal person who had difficulty in accepting his situation and in adapting
to the prison regulations. On 3 April 1992, and without provocation, he
attacked one of the warders, causing him minor injuries. A day or two later
he underwent a routine lung X-ray in the prison, the result of which was
satisfactory. He also tried to persuade the senior nurse to certify in
writing that he had been beaten, which the nurse was not able to do since he
had not been present when Mr. Aktas attacked the warder and because he had no
visible wounds. No injuries were recorded in the medical reports
corresponding to the time during which Mr. Aktas was at Kumla prison.
Syria Arab Republic
Information transmitted to the Government and replies received thereon
427. By letter dated 27 October 1992 the Special Rapporteur communicated to
the Government that he had received information according to which torture is
routinely used by various security agencies both as a means of extracting
information about suspects and as a form of punishment. This is so despite
the fact that torture is banned by the Constitution and is punishable by
imprisonment under the Penal Code. Methods of torture include beatings on all
parts of the body; falaga (beating on the soles of the feet) ; dullab (the tyre
method-hanging the victim from a suspended tyre and beating him or her with
sticks and cables); and pouring cold water over the victim's body. The case
of Aktham Nu'aysa was reported in particular. This person, a 41-year-old
lawyer, was arrested in December 1991 in connection with the activities of the
so-called Committees for the Defence of Democratic Freedoms and Human Rights
in Syria. He was reportedly tortured so badly that he needed medical
treatment and had to be taken to the Harasta Military Hospital near Damascus.
428. It was also reported that the following persons had died in police
custody as a result of torture:
(a) Colonel Muhammad Dawud (also known as Abu Dawud) , a senior member
of the Palestine Liberation Organization (PLO), died in his cell in Saidnaya
Prison in December 1990 or January 1991. He had allegedly been subjected to
severe torture the previous day. The reasons for his torture were reportedly
related to a chant sung by Palestinian and other prisoners in celebration of
the uprising in the Occupied Territories. He was apparently suspected of
being the instigator of the singing;
(b) Ziad Musa Qatnani reportedly died on 8 May 1990 in Fara'al- Tahciici
al-'Askari in Damascus. He had been visited by his mother one month before
his death, when he appeared to be in reasonable health. However, when his
body was returned to his family, it apparently bore marks of torture by
electricity and his skull was broken;
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(c) Munir Francis, a civil engineer, reportedly died as a result of
torture in April 1990 after he was admitted to al-Muwassat Civil Hospital in
Damascus suffering from internal bleeding. When his body was returned to his
family it apparently bore the marks of beatings;
429. In addition to the above-mentioned, the Special Rapporteur made urgent
appeals on behalf of the following persons, with regard to whom fears were
expressed that they might be subjected to torture while being held
incommunicado. The dates on which the appeals were sent appear in brackets at
the end of the corresponding summary.
430. Aktham Nu'Aysa, Muhammad ‘Ali Habib and Amjad Bahbuha were reportedly
arrested in Latagiyya on 18 December 1991 by members of Al-Mukhabarat
Al-'Askarivva (military intelligence) and held incommunicado with no access to
a lawyer or to their families. It was also reported that they were all
tortured and that, as a result, Aktham Nu'Aysa suffered a kidney complaint and
had to be admitted to Harasta Military Hospital near Damascus.
(24 January 1992)
431. Samir Nu'Aysa, a civil engineer, was arrested on 18 January 1992 in
Lataqiyya by members of military security. He had reportedly been detained in
order to put pressure on his brother, Aktham Nu'aysa (held incommunicado in
Harasta Military Hospital) to give information about the Committee for the
Defense of Democratic Freedoms and Human Rights in Syria. (7 February 1992)
432. With respect to this case, the Government reported, on 26 March 1992,
that Samir Nu'Aysa was not arrested in order to bring pressure on his brother
to reveal information concerning the Committee for the Defence of Democractic
Freedom and Human Rights in Syria; he was arrested in connection with his
membership of the illegal Communist Action Party, and so was his brother. The
question of the Committee for the Defence of Democractic Freedoms and Human
Rights, which was in no way involved in this matter, was raised without any
justification in an attempt to condone its acts and win the sympathy of
international organizations. Victims of acts of violence carried out by the
said party brought civil actions against Samir Nu'Aysa, who was indicted in
the presence of his lawyer and tried in accordance with the legal and
humanitarian procedures that were observed in the country.
433. ‘Abd al-'Azis al Khayyir, a doctor; Bahjat Sha'bu, former medical student
and Khadija Dib, from Latagiyya, were reportedly arrested in Damascus at the
beginning of February 1992 by members of military intelligence in connection
with the prohibited Hizb al-'Amal al-Shuyu'i, Party for Communist Action.
(18 February 1992)
434. Akram Salim Ishti, a doctor and lecturer at the American University in
Beirut, was reportedly arrested in January 1992 by Syrian security forces in
Beirut and taken to Damascus; Dani Mansurati, a Lebanese, was reportedly
arrested by members of military intelligence on 9 May 1992 while being driven
in a friend's car in a Damascus street; he was reportedly being held
incommunicado at the headquarters of air force intelligence in Damascus.
Rozit'Isa was said to have been arrested in February 1992 by members of
Amn-al-Dawla , general intelligence. Marwan Ghazi, a manager in the
Dar al-Asimah Publishing House in Damascus, was said to have been arrested on
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9 March 1992 in Damascus in connection with the prohibited Nasserist
Democratic Popular Organization. Ahmad Hassu, a Syrian Kurd and former
medical student, was reportedly arrested on 17 March 1992 by members of
Amn al-Sivassi , political security, in Damascus and believed to be held in
their headquarters in al-Qassa' district in Damascus. Tammam al-Amin, and
‘JUod al-Naser Hassu, students, were reportedly arrested in May 1992 by members
of Amn al-Dawla . (2 September 1992)
Togo
Information transmitted to the Government
435. In a letter of 12 November 1992 the Special Rapporteur informed the
Government that he had received reports that Captain Esso Charles Pello,
secretary of the Togo armed forces and former head of intelligence services
had been arrested at Lomé on 28 July 1992. He was said to have been taken to
the gendarmerie in Kara in northern Togo where he had been beaten, deprived of
food and given electric shocks. In consequence of this treatment he had had
to be taken to hospital in a coma.
Tunisia
Information transmitted to the Government and replies received thereon
436. By letter dated 21 August 1992 the Special Rapporteur communicated to the
Government that he had received information concerning the practice of torture
in the country. As well as a number of individual cases. The Government
replied to this letter on 19 November 1992. In addition, the Special
Rapporteur made two urgent appeals on behalf of several persons who, according
to the information received, were at risk of being tortured. The Government
also replied to these appeals on different dates.
(a) Information transmitted to the Government with regard to the practice of
torture in general
437. According to the information received, torture or ill-treatment of
detainees believed to have been active in the Islamist al-Nahda movement seems
to be routine in the three main detention centres in Tunis: the police
station of Bouchouchâ, the national guard station at al-Aouina and in the
cells at the Ministry of the Interior. Most cases of torture reportedly occur
during the period of garde a vue detention which frequently extends beyond the
10-day maximum limit allowed under Law 87-70. Torture methods alleged include
beating various parts of the body, especially the soles of the feet;
suspension by the feet or in contorted positions such as the “roast-chicken”
(in which the victim is trussed up and tied to a horizontal pole by hands and
feet bound in front) or “aeroplane” (in which hands and feet are bound
behind) , usually accompanied by beating; electric shocks; insertion of bottles
in the rectum and sexual abuse.
438. It was also reported that the Code de procedure pénale fails to spell out
clear and speedy procedures to be followed in the event of torture allegations
being made. The investigating judge is obliged merely to convey the
allegation to the Procureur de la Republique and then proceed with
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investigating the original offence. Even when the investigating judge orders
a medical examination, this is not necessarily or usually carried out
immediately.
439. The Government observed in a letter of 19 November 1992 to the Special
Rapporteur that the allegations of ill-treatment transmitted on 21 August 1992
were not recent and went back to 1990-1991. They echoed part of a report
Amnesty International had sent to the United Nations Centre for Human Rights
to which the Government had responded in a detailed memorandum transmitted on
10 July 1992. In 1990-1991 extremists had stirred up disorder and tried to
destabilize the country by means of organized violence. The instigators and
authors of the disorders had been brought to trial in open court in
August 1992. Following allegations of maltreatment a commission of inquiry
consisting of independent personalities and representatives of NGOs concerned
with the protection of human rights had been set up on the initiative of the
President of the Republic. The commission, known as the Driss Commission, had
made an exhaustive investigation of the allegations of ill-treatment. It had
interviewed the persons concerned and their families, visited places of
detention, examined records of persons in police custody and other relevant
documents and had reported to the President in October 1991. The report,
whose conclusions and recommendations have been published, found that some
abuses had been committed and were the outcome of individual, isolated action
contrary to State policy and the President's instructions. Following
publication of the report administrative action was taken against some law
enforcement officials, who were also subject to court proceedings under the
legislation in force.
440. In addition, on the President's instructions assistance of an essentially
social and humanitarian character was provided by the authorities to the
victims and their families. This included the award of a grant and
substantial pension, without prejudice to any compensation the courts might
order. A second report following up the findings and recommendations of the
Driss Commission's report was completed in July 1941 and published on the
initiative of the President.
Individual cases transmitted to the Government
441. Abdellatif Tlili was arrested on 21 November 1990 in Ariana and
reportedly kept incommunicado for 42 days at the Ministry of the Interior.
He was severely beaten while held in the “roast chicken” position. He also
faced sexual abuse and underwent a mock execution.
442. Salah Hedri was arrested on 23 April 1991. He was allegedly suspended by
the feet and beaten on his feet and knees.
443. Abdelkhaliq Alaoui was arrested in March 1991 at Ksour by the National
Guard and held incommunicado for some days. He was then taken to the hospital
where he was visited by a friend who saw his body covered with bruises.
444. Hamide ben Lazhar al-Said was arrested on 3 October 1991. During his
detention he was made to sit on a bottle and needed 26 stiches in his rectum.
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445. Mansouri Toumi was arrested on 3 october 1991. He was reportedly
tortured in al-Aouina by being suspended by the arms from an iron bar two
metres above the ground.
446. Fatima Guitouni was arrested in May 1991 and held at Nabeul police
station. During her detention she was beaten while sitting on the floor with
her foot suspended from a metal wire between two chairs.
447. The Government states that the six persons listed are not among those
found to have been the victims of brutality and ill-treatment.
448. The Special Rapporteur was informed that the following died under torture
after arrest:
(a) Rachid Chammakhi, a supporter of the illegal Hizb al-Nahda Islamic
movement was arresteed on 24 october 1991 and taken to Slimane police station
where he was severely beaten. Some days later he was taken to hospital and
died there. According to witnesss he had multiple bruises and wounds. The
Government states that the public prosecutor of Grontalia was instructed to
consider reopening the ludicial inquiry into allegations that the death was
caused directly or indirectly by maltreatment. The prosecutor examined the
allegations and did not find material that would justify reopening the inquiry
in accordance with the Code of Criminal Procedure, article 121. The inquiry
has been provisionally shelved;
(b) Noureddine Masi, a member of Hizb al-Nahda , was arrested on
24 January 1992 and taken to Nabeul police station where he was tortured by
the “roast chicken” method. The Government states that the allegation that
Noureddine Msedi (called Masi in the Special Rapporteur's letter) is dead is
incorrect. He is alive;
(c) Abdelwahed Abdelli, a fourth-year student at the Ecole normale
supérieure, died in Sousse on or about 30 June 1991. According to fellow
detainees in Sousse police station, he was shot in the leg and arrested two
days before he died. He was reportedly left without medical attention and
tortured. Apparently no autopsy report was given to the family;
(d) Tarek Azitouni, a university student at the College of Letters and
Science at Tunis. It was reported that he had died on 9 February 1991 in the
city of Mareth after his head was smashed by the police;
(e) Amer Degachi of Wardya, a third-year theology student at Tunis
University is reported to have been arrested in June 1991 and to have died
under torture 11 July 1991 at the Ministry of the Interior. The Government
states the three persons listed are not among those found to have been the
victims of brutality and ill-treatment.
449. The Special Rapporteur also made urgent appeals on behalf of the
following who were feared to be in danger of torture. The date of each appeal
is given in brackets at the end of the summary.
450. Ezzeddine Hadj Belgacem is reported to have been in police custody at
Gabês since 7 February 1992 when he was arrested. His family has not been
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allowed to visit him but has been permitted to leave clothes at the police
station. He is reported to have been taken once to his office under police
guard for a business meeting with the representative of a foreign firm for
which he used to work. The representative is quoted as saying that
Mr. Hadj Belgacem looked as though he had been subjected to physical
mistreatment and looked unkempt and exhausted. (17 March 1992)
451. On 29 september 1992 the Government informed the special Rapporteur that
Ezzedine Hadj Belgacem had been questioned by the Gabês police on
19 March 1992, not 7 February, regarding the unlawful acts he was believed to
have committed. When the permitted period of police custody expired, he was
placed at the disposal of the public prosecutor at the Gabês court of first
instance. The prosecutor accused him of assisting and concealing wanted
persons and holding meetings with a view to undertaking acts to undermine the
internal security of the State. The examining magistrate, to whom
M. Hadj Belgacem had admitted his guilt, made an order for his detention. He
had not been subjected to maltreatment during his detention. He was sentenced
by the Gabês court of first instance to 2 years 9 months imprisonment on
29 April 1992. The Gabês appeal court reduced the sentence to 21 months on
31 August 1992.
452. Noureddine Mabrouk is reported to have been arrested on 3 February 1992
at the Bizerta high school where he teaches. He was taken to the Bouchoucha
police station. Later he was seen in the Ministry of the Interior, handcuffed
and showing signs of maltreatment. (17 March 1992)
453. On 29 september 1992 the Government informed the special Rapporteur
that Noureddine Mabrouk had been arrested by the police on 17 March 1992,
not 3 February, on suspicion of serious breaches of the law. He was brought
in good time before the examining magistrate of the Tunis court of first
instance. He was charged with membership in an association which advocates
and practises violence and an order was made out for his detention awaiting
trial. He suffered no ill-treatment during detention and on 16 April 1992
the Tunis court of first instance sentenced him to one year and 16 days'
imprisonment and placed him under administrative supervision for two years.
The Tunis appeal court confirmed the sentence on 24 August 1992.
454. Zouhair Mhiri, professor of European literature at Am al-Idrahim and
brother of Khaled Mhiri, suspected of membership in al-Nahda , an unauthorized
Islamic organization, was arrested by police on 15 April 1992 and taken to the
Ministry of the Interior where he was held incommunicado. Two days earlier
the family house was searched and Zouhair Mhiri's father was taken to the
police station for questioning. (7 May 1992)
455. On 21 september 1992 the Government stated that Zouhair Mhiri had been
arrested by the Sousse police on 16 May 1992. He had not been arrested on
15 April or taken to the Ministry of the Interior in Tunis and held
incommunicado. Following his arrest at Sousse, his case went to the Sousse
public prosecutor and he was charged by the examining magistrate with
membership in an unauthorized association which advocated and practised
violence. He was heard by the examining magistrate on 21 May in the presence
of his lawyer and an order for his committal was made the same day. The
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proceedings are following the normal course. Mr. Mhiri was not subjected to
maltreatment during detention and is now under the control of the judiciary.
456. Jamal Rizki, a suspected member of al-Nahda , Habib Khmila and 10 other
Tunisians were arrested in Tripoli and expelled to Tunisia in February 1992.
They are reported to have been taken to the Ministry of the Interior in Tunis
where they are being held incommunicado. (7 May 1992)
457. On 21 september 1992 the Government stated that Jamal Rizki had been
arrested by the police on 25 April 1992 and brought before the examining
magistrate of the Tunis court of first instance on 28 April. He was sentenced
by the court of first instance on 16 May to eight months' imprisonment and
placed under administrative supervision for one year. Mr. Rizki has appealed
to the Tunis court of appeal and the proceedings are following the normal
course. Mr. Rizki was not subjected to ill-treatment while in detention.
458. with regard to Habib Khmila the Government stated that he was suspected
of membership in a group conspiring against the security of the State. He was
arrested by the police on 21 April 1992. The Ben Arous examining magistrate
charged him with participation in a criminal association under articles 131,
132 and 133 of the Criminal Code. A committal order was made on 25 April 1992
and the case is proceeding. He was not subjected to ill-treatment of any kind
during detention.
459. The Tunisian nationals expelled from Libya to Tunisia were arrested by
the Libyan authorities for staying illegally in Libya. Three of them have
been released. Eleven others are to be tried for offences for which they were
wanted by the authorities.
Information received from the Government with respect to cases included in
previous reports
460. On 30 May 1991 the Government transmitted comments on a number of cases
in which torture was reported to have been used in the period 1987-1990.
Information on the cases had been forwarded by the special Rapporteur on
14 February 1991 (E/CN.4/1992/17, paras. 233 and 234) . Owing to an error the
Government's replies were not reflected in last year's report and are
therefore given below. At the same time the Government observed that the
protection of the individual against any physical attack is a fundamental
requirement for the defence of his dignity and security. Cruel practices and
mistreatment used as a means of extorting confessions or obtaining statements
of whatever kind have no place in a civilized society. Moreover, confessions
or statements so obtained are without juridical value and cannot afford a
basis for any decision or judgement. Because torture and maltreatment are
contrary to the principles governing civilized relationships, they are
prohibited under Tunisian law and persons guilty of practising them are liable
to penalties whose strictness and severity are commensurate with the repulsive
nature of the practices and the loathing with which they are regarded by the
lawmakers. In the Criminal Code the Tunisian legislature has accordingly
given a particularly important place to defence of the dignity of the person
and the prohibition of anything that can impair it. The Government also
pointed out that human rights are embodied in the curricula of primary and
secondary schools and at all levels of instruction in private as well as
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public schools. Tunisia cooperates fully with the United Nations committees
concerned with human rights by furnishing reports on the application of the
relevant international instruments. Tunisia has presented an initial report
on the implementation of the Convention against torture and other cruel,
inhuman or degrading penalties or treatment and its third report on the
implementation of the International Covenant on Civil and Political Rights.
Tunisia is ready to cooperate in a responsible and open way with all bodies,
international and regional, concerned with human rights. With regard to the
information communicated by the Special Rapporteur the Government transmitted
the following replies:
461. Sayyed Ben Burawi Ferjani, when interrogated, did not claim that he had
been subjected to violence by the police. He said that he had pains in his
spine and was accordingly examined on various occasions by different doctors.
He was found to be suffering from psychological problems due to his arrest and
not to have any ailment of the nervous system.
462. In the case of Lutfi Zaitoun no mention was made of exposure to violence
when he was interrogated. Some time after his arrest his family said that he
suffered from headaches and the prison doctor was asked to examine and treat
him. On 11 July 1988 the doctor reported he and a neurologist had examined
Mr. Zaitoun. His pathological condition was normal and he was in no danger.
The doctor administered the necessary medication.
463. Mohsin Habouria did not say during interrogation that he had been
subjected to police violence. He showed no signs of violence.
464. Nothing in Taufik Mejri's file suggests that he was subjected to violence
and during interrogation he did not say that he had been.
465. Salih Ben Abderrahmane El-Abidi, a former army corporal, was arrested
on 18 June 1988. He was shown to have contravened army regulations. His case
was examined on 14 March 1988 and he was released under a presidential amnesty
on 4 May 1989. On 14 February 1990 he was taken to the El-Okba police post
after refusing to move his lorry from a no-parking area. He was not arrested
and was not subjected to violence.
466. Jamal El-Sayari and Abdelkader Ben Omar Bonazizi were arrested by the
Siliana police on 14 October 1988 as suspected members of a non-recognized
organization in possession of subversive leaflets. They were questioned by
the Kef police and later by the competent authorities in Tunis. The
interrogations went normally and no pressure was applied. The prohibited
documents found in the suspects' possession were enough to establish their
membership and clandestine activities. They were released with a warning not
to engage in further subversive activity.
467. Moncef Matalla, Moulidi Abassi, Mohammed Taher Hamouda,
Mabrouk Abdeljaouad and Noureddine Ibrahim were arrested by Ariana national
guard personnel on 15 June 1989 for organizing an unauthorized meeting under
cover of a circumcision ceremony. They were released on 22 June and were not
maltreated or tortured.
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468. Imed Ben Ahmed Amdouni was arrested at Béja on 19 July 1989 and
transferred to the regional hospital the same day because he was unwell. He
was placed under police supervision until 1 August when he was brought before
the Béja court of first instance on charges of intoxication, breach of the
peace, sedition and aggravated assault on the person of officials.
469. Ibrahim Rejichi was arrested on 31 August 1989 by the Monastir police and
later charged with the disrespect of the Head of State, indecency, assault of
an official, damage to property, aggravated assault and drunkenness on the
public highway. He was found not guilty.
470. Fathi Ben Ali Amor Hached, postman, was arrested on 6 september 1989 for
possession of subversive leaflets. He was released the same day.
471. Murtadha Labidi was brought before the Gafsa court of first instance on
charges of participation in an unlawful association, possession and
distribution of prohibited leaflets contrary to public policy, defamation of
the Head of State and making a collection without authorization. During the
proceedings the safeguards of the defence were untrammelled. The appeals
court ruled that the defendant was not guilty, evidence that the proceedings
had been conducted in full accordance with the law.
472. Mohammed Mezzi was arrested on 26 December 1989 by the Ariana police for
subversion, disruption of instruction in his lycée and distribution of
leaflets, and was taken to court. He was not subjected to violence or
torture.
473. Raouf Critli, Tarek Sallami and Nizar Ouni were arrested on 17 March 1990
following demonstrations and serious disorder in the Saniat Ben Abdallah
district at Mannouba. They were questioned and brought before the Tunis
district criminal investigation department. They were released the same day.
474. Hedi Ben Allala Bejami was questioned by the Ariana police concerning his
involvement in leaflet distribution in the Sidi district. He was not
arrested. The allegation of torture is unfounded. He was examined by a
public health service doctor who issued a medical certificate stating that his
health was satisfactory. He produced three medical certificates and lodged a
complaint, but his allegations were rejected after a medical examination by a
public health service doctor.
475. The judicial services have no information to suggest that a person called
Raouf Mthlouti was arrested by the criminal investigation department.
476. Monia Jouini was arrested by the Sedjoumi police on 6 June 1990 in the
act of writing subversive slogans on walls in the Mellasine quarter and
distributing workers' communist party leaflets. She was brought before the
courts and at the request of her lawyer underwent a medical examination by a
doctor of the public health services. The doctor issued a certificate which
refutes the allegations of torture.
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Turkey
Information transmitted to the Government and replies received thereon
477. On 16 september 1992 the special Rapporteur transmitted to the Government
of Turkey a summary of the main allegations received with regard to the
practice of torture in the country as well as a number of individual cases.
In addition to this, the special Rapporteur made 12 urgent appeals on behalf
of persons who, according to the information received, were at risk of being
tortured. On different dates the Government provided replies with respect to
some of these appeals.
(a) Information transmitted to the Government with regard to the practice
of torture in general
478. The special Rapporteur received information according to which torture
usually takes place in special sections of police stations, now called
“Branches to Fight Terrorism”, during the initial interrogation of a suspect.
It was alleged that between 80 and 90 per cent of political suspects and a
large percentage of detainees suspected of ordinary crimes are subjected to
torture during detention. Frequent allegations of torture and ill-treatment
have especially been received concerning cases from the south-eastern
provinces.
479. Torture includes beatings with truncheons, suspension by the arms or
wrists while naked, the use of electric shock to sensitive parts of the body,
placing the detainee into a ring of several tyres so that he is unable to move
and pouring hot and cold water over him, directing high-pressure water at
victims and falaga (beating the soles of the feet) . It was also reported that
almost every woman submitted to torture is sexually harassed and sometimes
even raped. The person tortured is usually kept blindfolded.
480. It was also reported that a person charged with common or “individual”
crimes can in general be detained for 24 hours and a person charged with
crimes under the Anti-Terror Law of 12 April 1991 for 48 hours before being
presented to a judge. Additionally, the police may detain persons charged
with any “crime of a collective or conspiratorial nature” for a maximum of
30 days in the 10 provinces under emergency rule and for 15 days in the rest
of the country. These long detention periods are, according to the reports, a
major factor in the continued use of torture. It was also reported that
Turkish law does not guarantee a detainee the right to have a lawyer present
during the questioning as such, but guarantees a general right of access to a
lawyer. However, lawyers are reportedly constantly denied by the police or
security forces an opportunity to see their clients. According to the law a
detainee's family must be notified of the detention within the shortest time;
however, in practice relatives spend days trying to learn the whereabouts of a
detainee and are neither informed about the place of detention nor helped by
the authorities in their search for such information.
481. As for the medical examinations, it was reported that very often they
take place long after the torture actually happened. some are cursory in
nature and some are done in the intimidating presence of police officials.
There have also been reports which suggest that in some cases state doctors
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are subjected to pressure to issue misleading reports. On the other hand,
only the reports of the State doctors can be used as evidence before the
court, not reports based on an independent medical examination.
482. It was also reported that many people who have been subjected to torture
are afraid to bring charges against the officials involved due to fear of
further reprisals. On the other hand, the investigations of a case of alleged
use of torture are carried out by the local police, which means the persons
who are charged or persons who are in close contact with other officials
charged. As a result, hardly any cases of suspected torture have been
subjected to serious investigations. In addition to this, the provinces under
the emergency rule apply article 15 of the Anti-Terror Law. This means that a
complaint concerning the alleged use of torture or ill-treatment carried out
by officials during detention of a person suspected of crimes according to the
Anti-Terror Law's definition of terrorism will be submitted for investigation
by the local administrative council which will then decide whether or not the
case should be prosecuted in a court. The administrative councils are,
according to the reports, comprised of members of the local executive who have
no legal background and may be open to influence from local security force
commanders. Furthermore, such hearings are conducted in camera and
complainants and their lawyers are not able to follow the course of their
cases closely.
483. In May 1992 draft reforms of detention procedures were reportedly
submitted by the Turkish Grand National Assembly to the President for his
final signature. The draft allegedly reduces the police detention period for
collective crimes from 30 to 16 days for the 10 provinces under emergency rule
and from 15 to 8 days for the rest of the country. The draft also emphasizes
the right of a detainee to have access to a lawyer. According to the reports
received the draft of the amendment was vetoed by the President so that it has
to be debated again by the Grand National Assembly.
484. Reports were also received concerning the Eskisehir high security prison,
located 150 kilometres from Ankara. This prison was said to be built in such
a way as to keep prisoners in total isolation, in accordance with article 16
of the Anti-Terror Law which states that any prisoner standing trial or
convicted under the provisions of this law is to be held in extreme conditions
of solitary confinement. It was reported that in November 1991 a large number
of political prisoners were moved from all over the country to this prison
where they were all seriously beaten upon arrival, leaving many with broken
bones or unable to walk.
(b) Individual cases transmitted to the Government
485. Hüseyin Aten and Salih Yilmaz were allegedly arrested in January 1991 in
Bilican village (Kavsakli) by military officers. For nine days they were
deprived of food and water, beaten severely and given electric shocks.
486. Ibrahim Turk was arrested on 6 May 1991 in Bismil and taken under police
custody to Diyarbakir where he was beaten, hosed with pressurized cold water,
suspended by the wrists with his arms tied behind his back and subjected to
electric shocks.
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487. Erdogan Kizilkaya was arrested in Kayseri, central Turkey,
on 4 August 1991. At police headquarters he was made to lie on the floor
and then trampled upon; electric shocks were applied to his penis, hands
and feet and he was beaten with a truncheon.
488. Semsettin Kocak was arrested in Van at the end of September 1991 and
taken to the political branch of Van police headquarters. During his
detention he was reportedly subjected to beating, cold water under pressure,
electric shocks and being hit with sandbags.
489. Yusufhan Zorba, board member of the Van branch of the Turkish Human
Rights Association (IHD) ; Mehmet Sirin Zorba; Senar Turgut, film producer;
Muhittin Aksin; Sakir Kanat, member of the Van branch of IHD; Cemal Kocat,
member of the Van branch of IHD; Hüseyin Karakoyun; Sehmuz Karakoyun;
Hayrettin Yacan and Salih Eagi were arrested in a police operation in Van at
the end of September 1991. Their homes were raided and they were reportedly
beaten while being taken away for interrogation. They were taken to the
political branch of Van police headquarters, where the beating reportedly
continued. They were also suspended by the wrists.
490. Rauf Yildiz, Murat Günes, Ibrahim Eurakmak and Hanifi Eser were
reportedly arrested on 3 November 1991 in Diyarbakir and taken to police
headquarters where they were reportedly tortured. Methods included suspension
by the wrists, spraying with cold water at high pressure and beating with a
truncheon.
491. Refik Akin was detained on 29 January 1992 by security forces in
Sazlibasi village, Korkut district of Mus, in south-east Turkey. He was
allegedly beaten while forced to lie naked in the snow. As a result of this
treatment, he died on 1 February in Elazig State Hospital.
492. Fahri Tirpan, Haydar Emrah, Coskun Kilickaya, Eektas Ozkan,
Ali Ozkan, Gazi Kôksal, Ali Haydar Emre and Ercan Karatas were arrested
on 10 January 1992 in a police operation in Ankara and taken to the first
branch (political police) of Ankara police headquarters where they were
reportedly beaten, subjected to cold water under pressure and made to stand
for long periods.
493. Mehmet Celik, of Easbug village, near Silvan, was arrested on
9 January 1992 and taken to the Eatman gendarmerie regimental headquarters.
For several days he was held in a cell so small that he could only stand up in
it. He was also stripped naked, hung by the arms and given electric shocks as
well as sprayed with cold water under pressure.
494. Celil Eeyazgul, taxi driver and journalist at the Yeni Ulke newspaper,
was arrested on 24 March 1992 and taken to the premises of the security
services at Urf a where, for three days, he was reportedly tortured.
495. Sükrü Yilmaz was arrested on 4 March 1992 in the Sagosele district of
Resin, south-east Turkey, and taken to the Ratman gendarmerie headquarters
where he was reportedly tortured. An examination carried out by independent
doctors after his release showed that he had injuries in the genital region,
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widespread bruising on both arms consistent with trauma from a blunt object,
serious swellings on the left hand and arm and swelling on the soles of both
feet.
496. Sekvan Aytug, president of the Sirnak branch of the Human Rights
Association, was detained in Sirnak on 14 May 1992 and subjected to torture.
Colleagues who visited him in prison reported that he had bruises and wounds
on his left eyebrow, feet and knees.
497. Huseyin Gocer and Hasan Guldal were arrested on 23 May 1992 in Savsat
district of Artvin, in north-east Turkey, and were allegedly tortured during
interrogation. As a result Hasan Guldal died at the Artvin provincial
gendarmerie command during the month of June.
498. Agit Salman, taxi driver, was detained by political police in Adana
on 27 April 1992. He died two days later, allegedly as a result of severe
beating, at security headquarters in Adana.
499. Kadir Kurt was detained on 19 April 1992 in Sink village, Sismil
district of Diyarbakir, south-east Turkey. He died that night in the
gendarmerie battalion command where he was interrogated, reportedly under
torture, in the presence of his brother. His death was due to internal
bleeding caused by pressure on his lungs from a broken sternum.
500. Mithat Kutlu, bank officer, was detained on 18 April 1992 in the Sismil
district of Diyarbakir and died in custody six hours later, after his head was
struck with truncheons and clubs. The autopsy report allegedly showed that
his death was caused by a brain haemorrhage and internal bleeding.
501. Tahir Seyhan, an official of the People's Labour Party in Dargecit,
province of Mardin, died on 11 April 1992, reportedly as a result of torture,
after having spent four days in police custody. The autopsy report registered
death following a brain trauma.
502. Nazli Top, a nurse two months pregnant, was arrested in April 1992 by the
Istanbul police. During her 10 days in detention at the Sahcelievler police
station and the Sayramtepe police headquarters, she was subjected to severe
torture such as beatings, electric shocks and sexual abuse.
503. Omer Ozaslan was arrested on 1 May 1992 and reportedly tortured while in
detention at police headquarters in Zonguldak. According to his father, who
was able to visit him, his face and eyes were swollen, his mouth and nose were
injured and there was a scar on his forehead.
504. Atilla Kayak, Gülay Sartli, Zeynep Ozgül, Hatice Duman and Ayla Pekôz
were arrested on 18 May 1992 and taken to the political police centre in
Gaziantep where they were reportedly given electric shocks and beaten.
505. Menice Kirtay, an ethnic Kurd, was arrested by police in the Mescit
quarter of Silvan, district of Diyarbakir, on 19 June 1992. She was tortured
by inserting a truncheon and a gun barrel into her vagina and anus, as a
result of which she had a miscarriage.
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506. Ismail Yilmaz was arrested on 27 June 1992 and taken to the Istanbul
Kapikule police station where he was tortured. According to the reports, he
was beaten up, given electric shocks and sexually assaulted. He was also put
in a room with a trained police dog which bit him in the legs and arms.
507. Abdullah Arisoy and Sait Arisoy, correspondents for Ozgür Gündem
newspaper in Cizre, and Halil Arisoy were reportedly arrested at their home in
Cizre, province of Sirnak, on 30 June 1992 and severely tortured at Sirnak
police headquarters. Methods of torture included electric shocks and hanging
by the wrists with arms tied behind their backs.
508. Ali Komak, correspondent for Ozgür Gündem in Cizre; Erdal Gecit,
lawyer; Ahmet Dagli, meteorologist; Abdulkadir Bingôl; Abdurrahman Aksoy;
Melle Abdülhamit Tanriverdi; Emin Sores; Mahmut Kirmizigül; Faruk Sakik,
correspondent for Ozgür Gündem in Mus; Abdullah Yasin, primary school
headmaster; Salih Baykara; Yusuf Sen; Aziz Sen; Nimet Elki and Ihsan Ogan
were arrested in Cizre at the end of June/beginning of July 1992 and taken to
the police station where they were seriously beaten. After some days they
were all taken to Sirnak and held at Sirnak police headquarters where on
arrival they were allegedly punched.
509. The Special Rapporteur received reports containing allegations of the
existence of torture against children who have been arrested for ordinary
crimes or political offences and subiected to interrogation without witnesses
at police stations. The following cases, in particular, were reported:
(a) Nermin Alkan, aged 16, was arrested by police in Istanbul on
4 october 1990 and taken to Pendik police headquarters. She was repeatedly
kicked and hit on the head and on the back with a club;
(b) Sevinc Ekinci, aged 17, was arrested in Istanbul on
1 September 1991 and taken to the local police headquarters and the
Gayrettepe police station. The police slapped her, hit her head against
a wall, pulled her hair, and hit her on the back and chest with fists;
(c) Orhan Ozturk, aged 16, and Fatma Ozturk, aged 12, were arrested in
Istanbul on 18 March 1990 during a demonstration and taken first to the
Gayrettepe police station and then to their local police station. Both were
slapped, hit with clubs and kicked. Police deliberately kicked an open wound
on Orhan's leg;
(d) Osman Erdogan was arrested by police on 8 october 1990 when he was
14 years old. He spent two nights at his local police station and one day at
Gayrettepe where he was cursed, beaten, kicked and slapped;
(e) Ali Akdag, aged 15, was arrested in August 1991 by police and kept
in detention for four days during which he was beaten on the soles of his feet
and on his palms and fingertips; suspended naked upside down and beaten with a
thick wooden stick on his head, ankles, knees and elbows. He was also
suspended by his arms, naked, and given electric shocks to his genitals;
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(f) Kesan Au, aged 16, was arrested by police officers in March 1992
and died in police custody in Diyarbakir. Officials reported that he had
committed suicide; however, his family reported that part of his head was
missing and that the rest of his body also showed signs of torture;
(g) Biseng Anik, a 16-year-old high school girl, was detained in
Sirnak, in south-east Turkey, on 25 March 1992 and died in police custody
three days later. When the family received her body half of her skull had
been blown away by a bullet from a gun fired at close range. There were deep
gashes on her hands and arms as if she had been beaten and her legs were
purple and swollen.
510. In addition to the above, the Special Rapporteur sent urgent appeals on
behalf of the following persons, regarding whom fears were expressed that they
might be subjected to torture while in detention. The dates on which they
were sent are mentioned in brackets at the end of the corresponding summary.
511. Hasan Durna was detained at 9.00 p.m. on 20 February 1992 at his
mother's home in Burza during police operations following an armed attack in
which the Public Prosecutor was seriously wounded and both his driver and
guard were killed. Three of Hasan Durna's step-brothers were also arrested in
connection with the same incident. According to the information received
Hasan Durna was initially held in Burza police headquarters and later
transferred to the Anti-Terror Branch of Istanbul police headquarters where he
was reportedly being held incommunicado. (5 March 1992)
512. Yavuz Binbay, president of the Van section of the Turkish Human Rights
Association (IHD) , was beaten and seriously injured in the course of the
incidents which took place in Van on 21 March 1992, between the army and the
local population. On 30 March, while he was staying at the State hospital, he
was reportedly arrested and taken to the local military hospital. In these
circumstances fears were expressed that Mr. Binbay might be subjected to
ill-treatment and that he might not be provided with the necessary medical
care. (6 April 1992)
513. On 4 May and 4 June 1992 the Government informed the Special Rapporteur
that Yavuz Binbay was injured during an incident at Van and taken by the
security forces to the State hospital where he remained until 31 March 1992.
On discharge from the hospital he was taken to the police court and arrested
for breach of the law on meetings and demonstrations and incitement to riot
and murder. He was transferred to Diyarbakir prison on 3 April 1992.
514. Sevgi Saymaz was detained in the street in Adana on 25 March 1992
following an armed attack on a police car in which the driver was killed and
another person working at Adana police headquarters was seriously injured.
According to newspaper reports, Sevgi Saymaz is suspected of having
participated in the attack. Two and a half hours after being detained
Sevgi Saymaz was presented to television and press photographers. Pictures
in the newspapers of 26 March 1992 showed her blindfolded, the blindfold
stained with blood and her face bruised and swollen. When shown on television
she reportedly was barely able to stand. Newspapers reported that she had
been transferred to hospital in a coma. According to reports issued on
28 March, her parents went to the Forensic Medical Institute where they were
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told by a doctor that he knew about the case, but that Sevgi Saymaz was not
there. The parents then inquired at the State Hospital and were told that no
patient was recorded under that name. They then appealed to the Adana State
Prosecutor for permission to see their daughter which he allegedly promised to
arrange. However, when the parents went to the Adana police headquarters to
see their daughter, access was refused. Sevgi Saymaz was said to have been in
good health before being detained and reportedly there was no resistance or
violence when she was arrested. According to the sources the reported
deterioration in her physical condition was the result of torture and fears
were expressed that she might be subiected to further torture during
interrogation in incommunicado detention. (7 April 1992)
515. On 4 June 1992 the Government informed the Special Rapporteur that after
the murder of the head of the Adana police station maintenance and repair
section and his driver by members of revolutionary units of the
THKP/C Devrimci-Sol terrorist organization on 25 March 1992 Sevgi Saymaz had
been arrested with the murder weapon. She was brought before the ludicial
authorities on 9 April 1992 after questioning and was remanded in custody.
516. Sekvan Aytu, President of the Human Rights Association branch in Sirnak,
was detained on 14 May 1992 in Sirnak, on his return from a trip to Ankara,
and held incommunicado at Sirnak police headquarters. His detention might
have been related to the fact that Sekvan Aytu had provided information to
human rights delegations and the press about human rights violations in the
area during and after the Kurdish New Year. On the other hand, his name had
appeared on a leaflet containing names of people threatened with death.
(1 June 1992)
517. On 18 June 1992 the Government informed the Special Rapporteur that
Sekvan Aytu was arrested by the Sirnak police on 14 May 1992. The arrest was
prompted by depositions, confirmed by other evidence, of members of ERNK the
armed wing of PKK arrested and indicted earlier. According to the depositions
Sevkan Aytu had been active in ERNK's committee for the support of illegal
activities through legal organizations. He had been held in police custody
for 15 days with the approval of the State prosecutor. During that time no
one from the outside had tried to get in touch with him. He was not subiected
to ill-treatment. On 29 May he was brought before the prosecutor and charged.
He is being held in Sirnak prison. At no point had he complained that he had
received death threats. Nor had he asked for measures to ensure his safety.
518. Nihal Aslantürk, correspondent for the Mücadele political magazine in
Trabzon, was reportedly arrested at her office, together with two other
persons, and taken to the Trabzon police headquarters. She had reportedly
been arrested and tortured on several occasions in the past. (10 June 1992)
519. On 10 August 1992 the Government stated that Nihal Aslantürk had been
arrested and held in custody at Trabzon on 25 May 1992 because of evidence of
involvement in the activities of the THKP/C Devrimci-Sol terrorist group.
Following interrogation she was brought before the competent court on
27 May 1992 and committed to prison awaiting trial. A medical report
dated 27 May 1992 attested that she had not been subiected to maltreatment
while in police custody.
E / CN. 4 / 1993 / 26
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520. Adem Kepeneklioglu was arrested in Istanbul on 28 June 1992 and taken to
the Anti-Terror Branch of Istanbul police headquarters. According to the
information received, the prosecutor at the Istanbul State security court
authorized his detention for 15 days starting from 1 July. It was also
reported that this person had been sentenced to life imprisonment in 1986, but
escaped from Kirsehir prison for political prisoners in 1988. In 1980, 1982
and 1985 he had already been arrested and severely tortured to the point that
he did not have proper use of his hands and arms, presumably as a result of
having been suspended by his wrist. (6 July 1992)
521. On 30 July 1992 the Government stated that Adem Kepeneklioglu escaped
from Kirsehir prison where he was serving a life sentence and was apprehended
with three companions in Istanbul on 29 June 1992 during operations against
the union of revolutionary communists, a terrorist group. Eye witnesses had
identified him as a participant in various crimes. The competent court had
ordered his detention on 13 July 1992. In his appearances before the court
and the prosecutor he did not allege that he had been subiected to
maltreatment or torture while in custody and accordingly no investigation was
ordered.
522. Ali Sigirtmac, Efendi Oner, Ibrahim Coskun (from Kizilciksuyu village),
Murtaza Gôk, Ali Seyidi Gôk, Haydar Cüce, Mustafa Cüce; Cevet Demir,
Abidin Tasci and Riza Gôk (from Domuzdere village) . On 20 June 1992,
approximately 15 people were detained from Domuzdere and other villages in
the area (including those named above) . During the operation the elderly
headman of Domuzdere village was reportedly beaten and dragged by gendarmes
through the village. The detainees were reportedly taken for interrogation at
Avsin gendarmerie post. Two of them were subsequently released, both were
apparently tortured while in custody. According to the reports, Ali Sigirtmaç
was released from custody in a coma, with severe bruising on various parts of
his body, and transferred to Kayseri University Medical Faculty in the care of
his brother Hasan Sigirtmaç, who was also released. Another released
detainee, Efendi Oner, was said to be in very poor health as a result of
torture. (6 July 1992)
523. The Government stated on 30 July 1992 that the allegations concerning the
treatment of Ali Sigirtmaç and the other villagers mentioned had been
investigated by the Ministry of Justice. The inquiry established that the
persons in question had not been in gendarmerie custody. It was also
established that Ali Sigirtmaç had not been treated at the Kayseri Medical
Faculty hospital during the period mentioned.
524. Diyadin Koç, board member of the People's Labour Party, was arrested
on 15 August 1992 and held in incommunicado detention in Diyarbakir.
(15 September 1992)
525. On 3 November 1992 the Government stated that Diyadin Koç had been taken
into custody on 16 August 1992 on suspicion of membership in the PKK. He was
released on 26 August 1992 by decision of the Diyarbakir State Security Court.
According to a report by the Diyarbakir forensic medical institute he had not
been subiected to maltreatment while in custody.
E/cN. 4/1993/26
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526. Ferudun Yazar, Felemez Baskaya, Sakir Alay, Kemal Okutan, Marun Cakmak,
Güven Ozatay, Cabbar Gezici, Sabahattin Ozaslaner, Hamit Geylani,
Cemal Saruhan and Günes Unsal. According to the reports, these members of the
Peoples' Labor Party (HEP) were arrested at the end of September 1992 in the
framework of an inquiry launched by the Prosecution Office of Ankara State
Security Court (SSC) in connection with the HEP Congress held in Ankara on
19 September 1992. The detainees were taken to the Ankara police headquarters
for interrogation. (5 october 1992)
527. Ahmet Erkan, student; Zeki Gürbüz, student; Mustaf a Pekôz, student;
Ufuk Tan, student; Hasan Polat, student; Celal Meral, from Camliça district;
Yildiz Meral (female) , wife of Celal, from Camliça district; Ziya Ulusoy, from
Camliça district; Duriye Sezgin (female) , from Camliça district;
Mehmet Ustündag, from Camliça district; Meryem Temur (female) , from Camliça
district; Ali Bolat, from Bahcelieuler district; Hüseyin Kiliç, from
Bahcelieuler district; Tülay Mercan (female) , from Bahcelieuler district;
Gülay Mercan (female) , sister of Tülay, from Bahcelieuler district;
Iman Hüssyin Demir, from Bahcelieuler district; Ibrahim Timur Isik; Naci Uzun,
reporter for Emegin Bavracii (Flag of Labour) and Hülya Uzun (female) , wife of
Naci Uzun. In the course of an operation carried out by the police in
Istanbul between 4 and 6 November, a total of 26 people were detained
including the above-mentioned. Reportedly, none of them was immediately
registered as detained with the prosecutor's office at Istanbul State Security
Court, as is required by the detention procedures. However, after several
days in unacknowledged police custody, 23 of them were registered on
8 November and authorization was granted to the police to hold them for
15 days. These detainees were held in incommunicado detention at the
Anti-Terror Branch of Istanbul police headquarters. Celal Meral, Ziya Ulusoy
and Mehmet Ustündag, however, had not yet been registered. (19 November 1992)
528. Sükrü Yilmaz, Habip Yilmaz, Irfan Solak, Salih Solak, Bahri Gitmez,
Serhat Baytar, M Sirin Dogan, Resul Balta, Ebubekir Günes, Nun Adlik,
Tahsin Adlik and Haci Adlik. According to the reports, they were taken into
custody on various dates beginning on 16 october 1992 and were being held at
Batman police headquarters. Neither relatives nor lawyers had been permitted
access to them and the public prosecutor had reportedly given no indications
as to how long they would be held. (25 November 1992)
529. Mahmut Ozkan, and his son, Lokman, aged 15; Halil Ozkan and his sons
Abdullah and Cengiz, aged 17; Omer Ozkan and his son Mahmut, aged 14;
Rusen Ozkan, aged 14; Nezan Ozkan, aged 15; Cuco Ozkan, aged 14. On
21 November 1992, the security forces reportedly detained some 50 people in
Viransehir, province of Sanlturf a, including these members of the Ozkan
family. On that day at 10.00 a.m., six police officers searched the house of
Omer Ozkan. During the search a man was found in the house who was wanted by
the police. Subsequently, the police also searched the homes of Omer Ozkan's
brothers Mahmut and Halil and detained them as well as the members of their
families (named above) present in their homes at the time. The police were
said to have since carried out daily searches of the same houses. The
detainees were taken to Sanlturf a and reportedly held incommunicado at the
Anti-Terror Branch of Sanlturf a police headquarters. (1 December 1992)
E / CN. 4 / 1993 / 26
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Replies received from the Government with respect to cases included in
previous reports
530. On 31 March 1992 the Government stated that Sait Seyit Ahmad
(E/CN.4/1992/17, para. 253) had been taken into custody by the Ankara police
on 14 March 1991 on suspicion of having formed a criminal organization and was
detained the same day. He was acquitted by the Ankara State Security Court
and released on 14 May 1991. A medical report confirms that he was not
subjected to torture of maltreatment while in custody.
531. On 16 and 20 December 1991 the Government stated that the case of
Huseyin Toraman (E/CN.4/1992/17, para. 243 (n)) who was said not to have been
seen since 27 October 1991, was being investigated by the competent
authorities. According to the competent units of the Ministries of Justice
and of the Interior, M. Toraman had not been taken into custody or arrested by
the authorities. On the complaint of Mr. Toraman's father an investigation
had been initiated by the Fatih (Istanbul) prosecutor. The authorities
believe the disappearance may have resulted from a clash between illegal
factions.
532. Sayan Yalçin, Sedat Erôzsoy, Mehmet Gücel, Ayse Sultan Yazici and
Muhittin Civelek (E/CN.4/1992/17, para. 250 (b)) were, the Government stated
on 8 January 1992, arrested on 5 January 1991 for assisting and concealing
members of THKP/C Devrimci-Sol and organizing the escape from prison of
members of that terrorist organization. They were sent to prison by the
Istanbul State Security Court on 18 November 1991. The Ministry of the
Interior has confirmed that they were not subjected to maltreatment or torture
while in custody.
533. The Government stated on 8 January 1992 that Cengiz Gejili
(E/CN.4/1992/17, para. 250 (d)) had never been taken into custody by the
Gaziantep police, where there was no record of him.
Information submitted by the Government in connection with Commission
resolution 1992/42
534. In a letter dated 3 November 1992 the Government transmitted an inventory
of acts of violence against civilians committed by the Kurdistan Workers'
Party (PKK) between 29 August 1991 and 2 October 1992. Since 1984 the PKK is
reported to have killed over 1,000 civilians and seriously injured many more.
U ganda
Information transmitted to the Government
535. By letter dated 12 November 1992 the Special Rapporteur communicated to
the Government that he had received information concerning torture and
ill-treatment of prisoners held by the National Resistance Army (NRA) in the
north, as well as in barracks in the Kampala area.
E/cN. 4/1993/26
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536. In late March 1991 people found without proper papers, NRA deserters and
those suspected of being rebels, who were imprisoned in a compound belonging
to the Ministry of Agriculture in Gulu, were reportedly made to run a gauntlet
of soldiers who clubbed them with rifle butts.
537. Between 16 and 18 April 1991, people from villages around Bucoro, Paicho
sub-county, Gulu district, were beaten up after being brought to a temporary
NRA camp at Bucoro primary school. In this place, soldiers were alleged to
have dug a pit some two metres deep which was overlaid by soil-covered logs.
Prisoners were put in the pit and a fire lit on top of the logs. Smoke from
the fire was reported to have contributed to the suffocation and death of
Rodento Okema from Onyama, Opwonya p'Opige from Labongoguru, Ojabo from Obyela
and Ogok p'Larii from Olano. Another man placed in the pit, Justin Okumu, was
reported to have escaped from the torture by claiming that there was a gun
hidden at his father's house in Onyama. He was taken to the house, but a
search failed to locate any weapon. He and his father, Raymondo Okwera, were
alleged to have then been beaten to death. In connection with the Bucoro
incident, the elderly Juliana Ayako, her daughter Margaret Abwoyo and
Erumalina Amono were reported to have been raped by soldiers on 17 April.
538. It was also reported that in late June 1991, 10 men from Bunabulayi
village in Bukiende sub-county, eastern Uganda, were given 30 strokes of a
cane daily over a two-week period while detained at Rubongi military barracks
in Tororo after they were wrongly arrested and accused of attacking an army
patrol. When they were released into the custody of the police at Mbale their
buttocks were covered with deep wounds, they had not received any medical
attention while they were in military custody and the wounds were badly
infected.
539. The Special Rapporteur also received information on torture at military
barracks and other places where prisoners are held by soldiers in Kampala.
According to it, prisoners have been tortured while under interrogation about
political and criminal offences while being held incommunicado. The following
cases, in particular, were reported:
(a) Haji Abdu Mbogo, a suspect in a case of armed robbery, was
subjected to a method of torture known as “balance” in Lubiri barracks in
June 1990. This entails tying the victim's hands and feet together and then
suspending the victim from the wall or from iron bars in a window while he or
she is beaten;
(b) Mande Ntananga was arrested on 22 September 1990 by NRA soldiers
and severely tortured in Lubiri barracks. Medical examinations reportedly
revealed injuries consistent with having been beaten and subjected to electric
shocks, treatment which led to brain damage. After investigations were
carried out some soldiers were allegedly arrested but it is not known whether
any further action was taken to bring them to justice.
E / CN. 4 / 1993 / 26
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United Kingdom
Information transmitted to the Government
540. By letter dated 12 November 1992 the Special Rapporteur communicated to
the Government that he had received information concerning allegations of
ill-treatment by members of the Royal Ulster Constabulary (RUC) at
interrogation centres and in particular at Castlereagh (Belfast) . The
allegations include slapping on the head, punching on the head and body,
pulling hair, being forced to stand for long periods of time and pressure
being applied to shoulders and neck. It was also reported that, under the
emergency legislation, detainees can be held for up to seven days without
being charged and without being brought before a judge and that in Northern
Ireland lawyers are not allowed to be present during police interrogations.
These rules are said to contribute significantly to an atmosphere favourable
to ill-treatment. The following individual cases were communicated to the
Government:
(a) Martin Sweeney was arrested during the week of 21 July 1991 and
taken to the police interrogation centre in Castlereagh. It was alleged that
he was subjected to verbal abuse, that detectives slapped him on the face and
the head, banged his head against the wall and spat into his ear. It was also
alleged that a detective struck him in the stomach and dug his fingers into
his ribs repeatedly and that, while being forced to keep his head down between
his legs, he was beaten on the back of the head and the face. A medical
doctor reportedly acknowledged that the detainee had a lump on the back of his
head;
(b) Rose Ann Maguire was arrested on 24 July 1991 and held at the
police interrogation centre at Castlereagh for five days during which she was
allegedly subjected to ill-treatment consisting of slaps to the face and head;
pulling of the hair and the head, punches in the stomach and sexual
harassment.
541. The Special Rapporteur was also informed of an incident which allegedly
took place on 2 March 1992 in the Maghaberry prison (Belfast) , during which
21 women prisoners were brutally strip-searched and assaulted by prison
warders. All of them were reportedly punched, kicked, nipped and had their
limbs twisted. The prison doctor recorded the women's injuries later the same
night and sent one of them to an outside hospital because of the extent of
swelling and bruising on her face.
United Republic of Tanzania
Information transmitted to the Government
542. On 18 September 1992 the Special Rapporteur sent an urgent appeal to the
Government of the United Republic of Tanzania concerning
Rev. Christopher Mtikila, who was arrested on 18 July 1992 in Dodoma by
officials of the Field Force Unity and subsequently sentenced to nine months'
imprisonment. It was reported that Rev. Mtikila had been tortured and fears
were expressed that he might still subjected to this kind of treatment while
in prison.
E/cN. 4/1993/26
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Uruguay
Information transmitted to the Government
543. In a letter of 12 November 1992 the Special Rapporteur informed the
Government that he had received reports that persons arrested on suspicion of
having committed minor off ences had been tortured or maltreated in Montevideo
police headquarters and in police stations in poor quarters where the crime
rate is high. The types of torture mentioned in complaints include beatings,
sometimes with truncheons, near suffocation, electric shocks and threats of
more brutal torture or of death. In many cases victims did not lodge ludicial
complaints for fear of reprisals or through lack of confidence in the
administration of lustice. Only in very rare cases were the torturers
identified and tried. The following individual cases were transmitted:
(a) Adrian Marcel Lombardo was arrested on 21 March 1990 and taken to
the homicide squad at Montevideo police headquarters where he was given
electric shocks on various parts of the body. He was released the following
day;
(b) Alberto Périz Medina was arrested on 3 August 1990 and taken to the
Montevideo section 5 police station. He was stripped and beaten severely on
the chest and ears. Months later he was still partly deaf as a result of the
blows. Although the iniuries were attested to by a medical report, the case
was shelved by the court in April 1991;
(c) Ricardo Costa, Vicente Vinagre and Néstor Moreira, employees at the
SEVEL steelworks, were arrested on 31 August 1990 and taken to Montevideo
police headquarters. They were hooded, threatened and badly beaten on various
parts of the body. They were released a few hours later;
(d) Ricardo Fabra Riverol was arrested on 5 January 1991 in La Cruz
de Carrasco, Montevideo. In a vehicle taking him to police headquarters he
was repeatedly beaten and was threatened with electric shock treatment. A
medical report attests to the existence of bruises;
(e) Guillermo Alejandro Belsito Luna and Diego Washington
Martinez Rancel, age 16, were arrested on 6 January 1991 by three policemen
who beat them severely in the street and then in section 9 police station
before releasing them a few hours later;
(f) Julio Correa, age 18, and Alejandro Maidana, age 17, were arrested
in Montevideo on 9 January 1991 and taken to the 1st section police station.
The former was beaten, handcuffed, dragged over the floor and threatened with
execution. The latter was beaten with a rubber truncheon on the neck and
other parts of the body. Both were released a few hours later.
544. At its eighth session (27 April-8 May 1992) the Committee against Torture
examined the Government's answers to the Committee's questions regarding the
country's initial periodic report. The report is reproduced in document
CAT/s/Add. 30.
E / CN. 4 / 1993 / 26
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Venezuela
Information transmitted to the Government
545. In a letter of 27 october 1992 the Special Rapporteur informed the
Government that he had received reports that torture is frequently inflicted
on persons arrested by the metropolitan police, the judicial police and the
national guard as well as by the intelligence services directorate and the
military intelligence directorate. The most commonly used methods include
beatings, electric shocks and near suffocation by means of plastic bags
containing irritants such as pesticides placed over the head.
546. The use of torture is reported to be facilitated by the fact that the
police may keep a person in custody for eight days and use confessions
obtained later in the course of proceedings. The use of judicial remedies by
victims is discouraged by the fact that very few complaints result in the
conviction of the torturers. The following cases had been communicated to the
Special Rapporteur:
(a) Tulio Aguilar, Victor Avendano, William Earboza,
Cecilia Eenitez Valera, Wilfredo Eermüdez, José Figueroa, Carmen Alicia
Gómez Potella, Alexander Hernández, Gualberto Martinez Prado,
Raül Miranda Borges, Ursuala Mujica, Victor Padilla Villegas,
Adrian Parra Ramirez, Hirán Parran Ramirez, José Perdomo, Degnis Quiames,
José Rodriguez Bolivar, Anuar Rodriguez, Roraima Sanchez, Ivonne Sequera,
Felix Silva and Jesus Torrealba were arrested by Carabobo state police on
4 February 1992 and taken to the Navas Espinola installations. There the
22 detainees, most of them students, were beaten for several hours and given
electric shocks. They were held incommunicado until 12 February and received
no medical treatment;
(b) Daniel Alvarado Alarcón, Luis Enrique Andrade,
Luis Enrique Earroso, Luis Alberto Caballero Fernández, Hector Illich
Chacón Delgado, José Gregorio Escalona Delgado, Jesus Enrique
Gonzalez Doubranger, Lizandro Obed Perez Hernández, Orlando José Ramirez Paez,
José Angel Rodriguez Macias, Julio César Rojas Avila, Jonathan Alexis
Toro Marval, Carlos Alejandro Valerio and Mark Flavio Zuccheli, all students
at Venezuela Central University in the Federal District, were arrested at the
campus and taken to the San José Cotiza barracks by the metropolitan police.
The students were hooded when arrested and violently beaten. At the barracks
they were tortured (electric shocks, blows, etc) before being released. No
charges were made;
(c) Jesus Antonio Castillo Gómez, a journalist on the newspaper
El Nacional was arrested by detectives while taking photographs of the police
operation on the campus. At the police barracks he was subjected to
maltreatment such as electric shocks;
(d) Javier Ascanio, age 15, Kodiat Ascanio, Néstor Gonzalez
Igor Luengo, Erezne Manzano, Pablo Jose Rondón, Pedro Rondón,
Nelson Villanueva Gonzalez and Francisco Villanueva Gonzalez were arrested at
23 de Enero, a Caracas suburb on 21 October 1991 by metropolitan police. The
Ascanio brothers were arrested at their home. Kodiat was hung from the
E/cN. 4/1993/26
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twelfth floor before the eyes of his family and neighbours. The two brothers
were taken to the Cotiza police station where they were beaten, given the
suffocation treatment and underwent a mock execution. Néstor Gonzalez, Nelson
Villanueva and Francisco Villanueva were severely beaten at the time of arrest
and while they were detained in the police station. Because of their injuries
they had to be treated at the Vargas hospital before release. No charges were
made. The Rondón brothers were also subjected to physical coercion by the
police. Pablo Jose Rondón, the leader of a neighbourhood group, was hung from
the balcony of his home and beaten with his brother while his family watched.
He was then taken to La Caflada and Cotiza police stations where the
maltreatment continued. Igor Luengo, a militant in a neighbourhood group, was
taken to the Cotiza police station and held incommunicado for four days. He
was beaten and given the near suffocation treatment;
(e) Carlos Bernadino Carballo Morales, Richard Durán and
Orland José Guerra were arrested by national guard personnel on
18 october 1991 at La Vega, a suburb of Caracas, and taken to guard
detachment 51 where they were brutally beaten and given electric shocks;
(f) Yorfan José Escobar Berrios, age 17, was arrested by national guard
personnel on 18 october 1991 at La Vega, a suburb of Caracas, and severely
beaten. On 23 october he was released and re-arrested on 7 December. He was
again beaten, given electric shocks, burnt on the shoulder with a hot iron and
slashed with a knife on the ribs and wrist;
(g) Luis and Pedro Benitez were arrested on 8 March 1992 by
metropolitan police. Because of the beating inflicted at the Sucre police
station, they had to be taken to the Domingo Luciani hospital;
(h) Huntert Lezama, Hector Luis Valderrama and Ramón Yaguaramay were
arrested at Petare by metropolitan police on 4 February 1992. At the Sucre
police station they were accused of having participated in the attempted coup
on 3 February 1992. They were subjected to physical coercion (blows, electric
shocks) in the police station and at the intelligence services directorate;
(i) José Fermin Maccan went voluntarily on 25 January 1992 to the
Petare detective squad which was investigating the murder of a policeman.
Although various people including the attorney for minors and a local priest
went with him to guarantee good treatment, he was heavily beaten in the
El Llanito and Cochecito police stations;
(j) Pedro Romero was arrested at his father's home in Petare by members
of the metropolitan police cobra unit. At the Cotiza police station he was
subjected to torture such as beating, electric shocks and near suffocation.
He was released a few days later. No charges were made;
(k) José Blondell was arrested on 9 March 1992 by detectives from the
El Llanito, Petare, police station. For several days he was subjected to
tortures such as near suffocation and blows with an iron rod and was sprayed
with an extinguisher to make him confess to involvement in a murder;
(1) José Antonio Briceflo, Arnel Rodriguez, Omar Uribe and
Julio César Vera, students, were arrested on 2 June 1992 by metropolitan
E / CN. 4 / 1993 / 26
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police at a street demonstration in Caballero Mejias. Before their release,
they were subjected to ill-treatment in the police station (punches, kicks,
burns with cigarettes, etc) and kept blindfolded. No charges were made;
(m) Rommer Figueroa Lizardi, clerk, died on 29 May after being brutally
beaten by national guard personnel during a demonstration at Ciudad Guayana,
Bolivar state. The medico-legal report states that death was caused by
physical ill-treatment during detention;
(n) Oswaldo Rodriguez, journalist on the newspaper El Araciueflo was
brutally beaten by national guard personnel and police on 4 June 1992 during a
demonstration in Maracay.
547. On 10 December the Special Rapporteur addressed an urgent appeal to the
Government on behalf of Luis Alberto Arias Bellorin, student, Henry Hinojosa,
community leader and member of the Human Rights Committee, Benito Valera, a
COPEI deputy in the Legislative Assembly, Victor Martinez Nino, member of a
human rights organization, Arnaldo Guedez, teacher, Yolimar Sierra, teacher,
Domingo Rivera, Francisco Escalona, politician, Julio Escalona, engineer,
Rolando Lugo, teacher, Orlando Chirinos, university professor,
Alexis Campos Lovera, trade unionist in health sector, José del
Carmen Rodriguez, student, Julio Rodriguez, Orangel Lopez Rodriguez, member of
the socialist league, Nelson Viana trade unionist, Rafael Castillo, trade
unionist, Tony Gonzalez, student, Joel Gutiérrez, trade unionist, candidate in
the municipal elections. According to information received, the people listed
were among the many civilians and military personnel arrested in connection
with the attempted coup of 27 November 1992 in Caracas, Barquisimeto,
Valencia, Maturin, Los Teques, El Tocuyo, Puerto Ordaz and Ciudad Bolivar. It
is reported that 17 students were arrested on 8 November at the Central
University. The detained civilians are being held in premises of the
intelligence services directorate, the metropolitan police, the national guard
and the military intelligence directorate.
Yugoslavia
Information transmitted to the Government and replies received thereon
548. By letter dated 21 August 1992 the Special Rapporteur communicated to the
Government that he had received information concerning the practice of torture
against ethnic Albanians in Kosovo province. According to this information,
torture takes place most of the time, in police stations; however, there have
been frequent incidents in which police have stopped people in the street or
in buses or trains and hit them in full public view. Young people have also
been victims of police ill-treatment, in particular university students and
high school pupils. The purpose of ill-treatment seems to be either to
extract information and confessions or to intimidate and humiliate. The most
frequently alleged forms of ill-treatment consist of beating with rubber
truncheons and rifle butts, kicking and punching. Although there are
established procedures for filing complaints against the perpetrators of
abuses, prosecuting bodies are generally unwilling to institute proceedings
against police officers. The following cases, in particular, were reported:
E/cN. 4/1993/26
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(a) Mikel Marku, a lawyer, former chairman of the Bar Association of
Kosovo and the Bar Association of Yugoslavia, and his two nephews Xhon and
Prend Marku were arrested on 31 october 1991 by the police while leaving Pec
for the village of stupe. On their way to police headquarters in Pec, they
were beaten with rubber truncheons and rifle butts. The beatings continued in
the police station for several hours and, as a result, Mikel Marku had to be
taken to the hospital the following morning. He died on 11 November 1991.
According to hospital records, head injuries had caused paralysis of the right
side of the body. The autopsy report noted multiple post-traumatic injuries
to the head, trunk and extremities;
(b) Ali Haxhin, a refugee from Albania living in Kosovo, was arrested
on 25 November 1991 by police and taken to Urosevac. The following day he was
taken to Pristina prison where he died several hours later. On 27 November,
his body, allegedly severely bruised and with several teeth broken, was
returned to his family;
(c) Rexhep Rifati, a journalist from Urosevac, was arrested on
28 November 1991 in Kamenoglava village. He was held in police headquarters
in Urosevac for about six hours, questioned and brutally beaten with rubber
truncheons by police officers;
(d) Selim Qazimi, director of the primary school in Kamenoglava
village. Because he allowed school premises to be used for a concert
celebrating Albania's national holiday, he was arrested and beaten with
truncheons at police headquarters in Urosevac;
(e) Rrustem Sefedini, director of a secondary technical school in
Urosevac until January 1991, was arrested on 4 October 1991 by members of the
police who beat him so severely that they broke three of his ribs;
(f) Ismet Krasniqi was arrested on 29 January 1992 at the primary
school in Pec, taken to a police station and beaten. The following day he was
examined by a doctor who found bruising to both buttocks, feet and hands as
well as perforation of the left eardrum;
(g) Amrush Avdimetaj, from Pec, was arrested on 3 October 1991. Before
and after being taken to police headquarters in Pec, he was kicked and
severely beaten with rubber truncheons about the head and body;
(h) Ali (Rexhep) Kadrijaj, a worker from the village of Restovic in
Decane commune. On 23 August 1991 he was pulled out of a bus on his way home
by police who beat him because they claimed he had raised two fingers of his
hand in a gesture they considered politically offensive;
(i) Fadil Kralani was beaten by the police until he lost consciousness
on 25 March 1992. The beating took place in the offices of the inspector
responsible for issuing passports on the former premises of the bank of
Kosovo, in Pec;
(j) Jashar Sali Haxhiaj. On 3 september 1991 he was beaten by police
who stopped him in Radavce while he was driving a lorry without a driving
E / CN. 4 / 1993 / 26
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licence. The following day he was examined by a doctor who found bruising to
the area around the left eye and to the body, injuries to both arms, forearms
and to the left thigh;
(k) Enver Sinani, law graduate and local council employee from Resinovc
village, Lipljan commune. He was arrested on 3 January 1992 and brutally
beaten at a police station in Magura by police who accused him of possessing
weapons and of being an opposition activist. As a result, he was reportedly
unable to use his hands and walked with difficulty for several days
afterwards;
(1) Bajram Isuf Myrtezaj was arrested and severely beaten on
3 March 1992 in Pec by the police who were looking for his son;
(m) Avdi Ulaj, a student of the Engineering Faculty of Pristina
University, was arrested by police on 4 october 1991, together with several
other students, after attending a protest meeting at the closure of courses in
the Albanian language and the dismissal of ethnic Albanian university staff.
He was taken to the police station in Muhaxher quarter, brutally beaten and
subjected to sadistic mockery before being released. The medical report
indicated inflammation of the cornea and conjunctiva, bruising around both
eyes, swelling on sole of his left foot and traumatic rupture of eardrums;
(n) Daut Krasniqi, a secondary school pupil from Vranoc, Pec commune,
was arrested by police in Pec on 4 october 1991 and beaten until he bled
because they apparently suspected him of hiding arms and ballot papers;
(0) Faruk Muja, a 12-year-old Rom boy from the village of Magura, in
Lipljan commune, was severely beaten by the police in April 1991, apparently
because they suspected him of selling cigarettes on the black market in
Pristina;
(p) Mentor Kaçi, Sokol Dobruna, Zenel Sadiku, Delija Hagjocaj,
Nuhija Bytyqi, Palusha Palushaj, Naim Krasniqi, Af rim Morina, Qerkina Peci,
Sadik Mula and Sejdi Veseli were arrested in late December 1991 and taken to
Pec prison where, according to witnesses, they were subjected to severe
ill - treatment;
(q) Zenun Celaj, member of the Executive Board of the Kosova Helsinki
Committee in Pristina, and Ibro Osmani were arrested on 20 June 1992 at the
police check-point just outside Peja and taken to the police station where
they were severely beaten for two hours;
549. On 4 November 1992 the Special Rapporteur addressed a new letter to the
Government informing it that he had been provided with a list of persons who
were severely beaten by security forces while participating in rallies
protesting discrimination against Albanian education, which were held in
Kosova on 12 and 13 october 1992. These allegations concerned one person in
Deçan, three persons in Dragash, three persons in Gjakovë, four persons in
Istog, 140 persons in Kline, three persons in Lipjan, three persons in
Malisheve (Kijeve) , 113 persons in Peje, 27 persons in Prishtina and
34 persons in Prizen.
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Information received from the Government with respect to cases included in
previous reports
550. On 11 February 1992 the Government sent the following replies to three
cases which had been transmitted by the Special Rapporteur in 1991
(E/CN.4/1992/17, para. 265)
(a) Alush Gashi. The allegations concerning his ill-treatment are not
true. On 26 October 1990 he was taken to the police station for
interrogation. However, while he was being escorted, as well as during the
interview, no means of force were used on him;
(b) Sadiku Xhevat was escorted to the police station on 23 July 1990
for an interview because he had organized a gathering, without prior timely
registration. He gave a written statement and an official note of the entire
interview was prepared from which it can be seen that he was not physically
ill-treated and that he had no remarks as to the behaviour of the police
officers;
(c) Copi Ismet. No measures whatsoever were undertaken (he was not
brought in to the police station, detained or searched) , so the allegations
submitted have no grounds.
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III. VISITS AND FOLLOW-UP TO VISITS
A. Visit to the former Yugoslavia
551. As mentioned in chapter I, the Special Rapporteur took part in the second
mission of the Special Rapporteur on the situation of human rights in the
former Yugoslavia, Mr. Tadeusz Mazowiecki, from 12 to 22 October 1992. During
the mission the Republics of Bosnia and Herzegovina, Croatia and Serbia were
visited. The report on that visit is contained in document A/47/666.
552. It is no surprise that in the war-stricken areas of Bosnia and
Herzegovina torture is a daily phenomenon. During an armed conflict human
life as such is held in low esteem and under such conditions basic human
rights violations such as arbitrary detention, torture, deliberate killings
and disappearances usually go hand in hand. Disrespect for human rights seems
to have reached its apex, however, in Bosnia and Herzegovina. The delegation
received horrendous information about people being clubbed to death and others
who died from iniuries suffered during torture, in particular in detention
camps in the Serbian-controlled areas. Rape of women belonging to other
ethnic groups was alleged to be practised systematically.
553. Information about torture was also received with regard to the Croat- and
Muslim-controlled areas of Bosnia and Herzegovina, although on a smaller scale
and to a less systematic degree. It was alleged that Croatian police or
military sometimes seriously mistreat detainees of Serbian descent.
554. Of particular concern is the situation in Kosovo, which forms part of the
Republic of Serbia. In 1990 the previously autonomous status of this province
was abolished and the Serbian Government took over the administration. Since
that time the participation of Albanians, who constitute about 90 per cent of
the province's population, in public, economic and social life has become
practically become non-existent. Since that time the Special Rapporteur has
regularly received communications about torture and serious mistreatment of
Albanians. Such mistreatment is not only practised during detention. Mention
was made of punitive expeditions by large police forces against towns and
villages to search for arms. During these expeditions, the people are beaten
and otherwise mistreated.
555. The Special Rapporteur himself interviewed on 18 October 1992 25 victims
of extreme police brutality. On 12 and 13 October demonstrations had been
held in various towns in Kosovo to obtain the reopening of the schools which
had been closed for the greater part of the last two years. It was said that
the authorities had been given due notice about these planned demonstrations
in conformity with the law and that no prohibition order had been issued.
Nevertheless, the police brutally attacked the crowds which had gathered with
truncheons and tear-gas without giving the usual order to disperse. The
Special Rapporteur received a list, containing 321 names, who were severely
beaten. All the people who were interviewed by him were seriously injured and
severely bruised.
556. The Special Rapporteur also visited the municipal prison in Prishtina,
the capital of Kosovo, which he had also visited on an earlier occasion and
where prison conditions seemed to be satisfactory. In this prison pre-trial
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detainees are held together with prisoners who have been sentenced for periods
up to six months. The Special Rapporteur was informed, however, that prison
conditions in the regional prison, which is at some distance from Prishtina,
are far more harsh.
557. The Special Rapporteur heard testimonies about an alleged
case of severe maltreatment which had been brought to his attention shortly
before the mission. The file, which included medical data, was also
consulted. On the basis of the available material the Special Rapporteur and
the medical expert who accompanied him came to the conclusion that it was
improbable that the alleged maltreatment had occurred.
558. The situation in Kosovo is highly volatile and demands the closest
possible attention from the international community.
B. Follow-up to visits
559. During the forty-eighth session of the Commission, the Observer for
Guatemala gave the Special Rapporteur a memorandum from his Government
containing information about measures taken by the authorities to improve the
human rights situation. This memorandum was a reaction to the Special
Rapporteur's letter of 21 October 1991 by which he had requested the
Government to inform him about any measures which might have been taken in
pursuance of the recommendations made in his report on the visit to Guatemala.
560. The memorandum contained, inter alia , the following information.
561. On 2 May 1991 a civilian took over as Minister of the Interior assuring
civilian control of the country's police forces and providing a major impetus
to the protection, dissemination and development of human rights. A civilian
was also appointed director general of the national police.
562. Various educational projects have been initiated with a view to involving
government sectors in ensuring respect for and observance of the inherent
rights of the human person.
563. The Ad Hoc Committee for Aid to Refugees is being restructured. The
Vice President of the Republic will become a member.
564. On 12 July 1991 a governmental decision was published in the
Diario Of icial establishing a Presidential Commission for Coordinating
Executive Policy in the field of Human Rights. Its principal functions are
coordination of executive action to protect and safeguard human rights, the
development of policy in this area to be carried out by the executive and
collaboration with the attorney general for human rights.
565. A Peace Fund has been established, to be used exclusively to finance
programmes in aid of persons affected by the internal armed conflict.
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566. In the course of 1991 correspondence was exchanged between the President
of the Republic and Professor Tomuschat, the Commission on Human Rights
expert, with a view to informing him of the Government's progress in the field
of human rights and furnishing the information regarding complaints received
which Professor Tomuschat has requested as Special Rapporteur.
567. In 1991 peace talks were begun with the Guatemalan guerrilla movement and
in the course of various meetings gradual advances have been made in the
search for peace.
568. By letters dated 5 October 1992 addressed to the Government of Peru
(visited in April 1988) , Honduras (visited in September 1989) , Zaire (visited
in January 1990) and the Philippines (visited in September 1990) , as well as
by letter dated 4 September 1992 addressed to the Government of Indonesia
(visited in November 1991) , the Special Rapporteur requested those Governments
to inform him of any (further) measures they might have taken in pursuance of
the recommendations made following his visits to their countries. With
respect to Indonesia, it may be recalled that on 4 March 1992 the Chairman of
the Commission read a statement on the situation of human rights in
East Timor, which had been agreed by consensus at the Commission. This
statement contains the following sentence: “The Commission (...) urges the
Indonesian authorities to take the necessary steps to implement its
recommendations [ contained in the Special Rapporteur's report on his visit to
Indonesia and East Timor] and looks forward to a report thereon.”
569. By letter dated 20 November 1992 the Government of Peru provided the
Special Rapporteur with the following information.
570. Some of the Special Rapporteur's suggested recommendations imply
modification of the existing legal order. The Democratic Constituent Congress
which will be inaugurated on 3 January 1993 will be empowered to amend the
present Constitution, as well as having legislative functions. The
Constituent Congress and the Constitution that will emerge from it will
furnish the institutional framework needed for the adoption of the most
expedient legal provisions for the country's pacification.
571. The legal rules in force establish the mechanisms and procedures to be
employed in determining liability for violations of human rights. These
procedures guarantee the timely and proper administration of lustice in Peru.
572. The military authorities responsible for detainees discharge their
obligations in respect of those rights within the existing legal framework and
to this end accord appropriate facilities to the ludicial authorities, the
department of the public prosecutor and the delegates of the ICRC. Specific
legal and administrative provisions have been promulgated in this connection
among them Legislative Decree No. 665 of 2 September 1991 and Ministerial
Order No. 1302-91/DE-SG of 11 November 1991 which permits the entry of
prosecutors into military installations in the emergency areas.
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573. The military authorities, whatever their rank and function, comply with
the requests of the legal officers concerned and make available the facilities
required for the business the latter conduct in regard to applications for
habeas corpus, even when these are undertaken in areas declared to be in a
state of emergency.
574. The International Committee of the Red Cross is given facilities allowing
it to enter all places of detention in military installations in the emergency
zones.
575. The Ministry of Defence has taken steps to standardize instruction on
human rights in compliance with Law 25211 and the Presidential Directive on
respect for human rights. The Directive is being actively applied in the
various military training centres at all levels. The instruction has also
been implemented in military training programmes for non-commissioned officers
and other ranks.
576. Authorization has been given for six officers of the Military Juridical
Corps to travel to the United States of America at the invitation of the
United States military aid and consultative group to attend a course on human
rights. On their return the officers will design a course on human rights for
military personnel of the various armed forces in Peru.
577. On 12 October 1992 the Government of Turkey (visited in September 1988)
transmitted to the Special Rapporteur the text of the Code of Practice for
Remand in Custody of 22 September 1992 of which article 3 is of particular
relevance to the prevention of torture. In his report on the visit to Turkey,
the Special Rapporteur had recommended: “ (b) If a person files a complaint
that he has been tortured during his detention, medical examination of that
person could be entrusted to a doctor, chosen from a panel of qualified and
experienced physicians: such a panel could be established by an independent
professional organization”.
578. Article 3 of the Code of Practice reads as follow:
“3. As to the regulations related to administrative procedures:
(a) The periods of police custody should be strictly complied
with.
(b) Taking sanitary conditions into consideration, access of the
persons in police custody to cleaning and other facilities should be
allowed under the control of the police or gendarmerie officials.
(c) The doctor who will perform the above-mentioned medical
examinations should be a doctor from the relevant forensic institute or
he should be an authorized government doctor. However, should a person
held in police custody request it, he should be accorded the right to be
examined by a doctor of his own choice, if it is thought that such
permission will not leopardize the security of the investigation. If
there are reasonable grounds that access to a detainee by the doctor
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chosen by him might leopardize the investigation, he should be allowed to
be examined by a doctor chosen from a list of doctors agreed with the
appropriate professional body.
(e) During medical examination, necessary security measures being
taken, doctor and detainee should be left alone in a room so that medical
examinations can be carried out on a personal basis and under conditions
offering due privacy for the person examined.
(f) Persons held in the custody of the police or gendarmerie
should be given at least one full meal every day.
(g) This Code of Practice for Remand in Custody shall be deemed
to have been notified to the concerned authorities and personnel upon its
being hung on the entry of the interrogation rooms.”
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IV. CONCLUSIONS AND RECOMMENDATIONS
579. The first sentence of the Universal Declaration of Human Rights, the
mother-document of all human rights instruments, reads: “Whereas recognition
of the inherent dignity and of the equal and inalienable rights of all members
of the human family is the foundation of freedom, lustice and peace in the
world.” Torture is exactly the opposite of what is referred to here, since
torture is the very denial by the torturer of his victim's inherent dignity.
The breaking of bones, horrible as it is, is only a tool to obtain the result
which is really intended by the torturer: the breaking of the personality, of
the other's will. What makes torture particularly repulsive is that very
often its long-term effects are not so much physical as psychological. The
broken, disintegrated personality will never heal; the inherent dignity of the
victim is irreparably tainted.
580. A particularly despicable assault on human dignity is rape. Women are
afflicted in the most sensitive part of their personality and the long-term
effects are bound to be extremely harmful whereas in most cases the necessary
psychological treatment and care can and will not be afforded. It is
mind-boggling indeed to read in the report of the Special Rapporteur on
Yugoslavia that in Bosnia and Herzegovina rape is deliberately practised as
yet another method of expressing contempt and hatred for the ethnic group
which the unfortunate victims are made to symbolize.
581. As ignominious is the torture of children who are still in their
formative stage and who, as a result of the torture they had to endure, will
be seriously hampered in developing a balanced and stable personality. The
Special Rapporteur was appalled by a number of communications containing
allegations of torture practised against children at a time when the
international community loudly proclaims that children are entitled to special
protection.
582. The fact that torture is the absolute negation of human dignity and human
rights caused the international community to step up its campaign against
torture. We should be aware, however, that torture is only the final link in
a long chain. The seeds of torture are sown whenever a society tolerates
situations where respect for the human dignity of fellow citizens is taken
lightly. The situation in the former Yugoslavia is a vivid illustration of
this. Lack of respect for the inherent dignity of fellow human beings lust
because they belong to a different ethnic group has led to a situation where
torture, rape and murder are rampant.
583. It is, therefore, no coincidence that the Human Rights Committee updated
simultaneously its general comments on articles 7 and 10 of the International
Covenant on Civil and Political Rights in April 1992 (A/47/40, annex VI)
584. In one of his previous reports (E/CN.4/1988/17, para. 55) the Special
Rapporteur said that there was a sliding scale which extended from treatment
of detainees which was not in conformity with the provision of article 10,
paragraph 1 of the International Covenant, which states that “all persons
deprived of their liberty shall be treated with humanity and with respect for
the inherent dignity of the human person”, through inhuman or degrading
treatment to real torture. The Human Rights Committee expressed the same view
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when it said: “Article 10, paragraph 1, imposes on States parties a positive
obligation towards persons who are particularly vulnerable because of their
status as persons deprived of their liberty, and complements for them the ban
on torture or other cruel, inhuman or degrading treatment or punishment
contained in article 7 of the Covenant”. The Committee added that respect for
the dignity of persons deprived of their liberty must be guaranteed under the
same conditions as for free persons and that detainees should enjoy all the
rights set forth in the Covenant, subject to the restrictions that are
unavoidable in a closed environment.
585. with regard to article 7, it is remarkable but hardly surprising that the
Committee emphasizes that States parties have specific obligations to prevent
and suppress the occurrence of torture in wording which, nearly to the letter,
concurs with recommendations made by the Special Rapporteur over and over
again.
586. According to the Committee, enforcement personnel, medical personnel,
police officers and any other persons involved in the custody or treatment of
any individual subjected to any form of arrest, detention or imprisonment must
receive appropriate instruction and training, with regard to detention
conditions, the Committee remarks that provisions should be made for detainees
to be held in places officially recognized as places of detention and for
their names and places of detention, as well as for the names of persons
responsible for their detention, to be kept in registers readily available and
accessible to those concerned, including relatives and friends. Likewise with
regard to interrogation procedures, the Committee finds that the time and
place of all interrogations should be recorded, together with the names of all
those present and that this information should also be available for purposes
of judicial or administrative proceedings. The Committee stresses the
necessity for doctors and lawyers and, under appropriate supervision when the
investigation so requires, family members to be given prompt and regular
access to the detainees. Incommunicado detention, therefore, should be
forbidden.
587. The Committee is of the opinion that the law must prohibit the use or
admissibility in judicial proceedings of statements or confessions obtained
through torture or other prohibited treatment, a prohibition which is also
contained in article 15 of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment.
588. The Committee further states that those who violate article 7, whether by
encouraging, ordering, tolerating or perpetrating prohibited acts, must be
held responsible and that victims should have the right to lodge complaints,
which must be investigated promptly and impartially by competent authorities,
and that they are entitled to appropriate redress.
589. without exception, these measures have been recommended by the Special
Rapporteur. If each and every State took such measures and vigorously
supervised their implementation by the various branches of State authority, no
torturer could do his dirty work in the expectation that he could evade
punishment. For it is impunity which makes torture attractive and feasible.
Far too often the Special Rapporteur receives information that persons have
been kept in so-called “safe-houses”, that they were hooded or blindfolded
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before being interrogated in order to make it impossible for them to identify
their interrogators, that they have been held incommunicado for a considerable
period, that they had no access to their lawyers and to doctors of their own
choice, that their relatives were kept uninformed about their whereabouts,
that courts admitted and accepted statements and confessions in spite of the
fact that during trial the suspect claimed that these had been obtained under
torture, that complaints have to be lodged with the same authority which
allegedly has tolerated or encouraged the torture practices, that complaints
are not investigated by an independent body and that, consequently, those who
are responsible for the prohibited acts go unpunished and those who are the
victims of these acts are left without an effective remedy and without
appropriate redress.
590. It is no exception that this chain of situations, which are all extremely
conducive to the practice of torture, is in clear violation of the prevalent
rules. Laxity and inertia on the part of the highest executive authorities
and of the judiciary in many cases are responsible for the flourishing of
torture.
591. Governments should be aware that they cannot go on condemning the evil of
torture on the international level while condoning it on the national level.
The judiciary in each and every country should bear in mind that they have
sworn to apply the law and to do justice and that it is within their
competence, even when the law is not in conformity with international
standards, to bring the law nearer to these standards through the
interpretation process. The judiciary should be aware that there is no place
for impartiality if basic human rights are violated because, by virtue of
their oath, they can only choose the side of the downtrodden. It is within
their competence to order the release of detainees who have been held under
conditions which are in flagrant violation of the rules; it is within their
competence to refuse evidence which is not freely given; it is within their
power to make torture unrewarding and therefore unattractive and they should
use that power.
592. The Human Rights Committee also reminds States parties that they should
not expose individuals to the danger of torture or cruel, inhuman or degrading
treatment or punishment upon return to another country by way of their
extradition, expulsion or refoulement . This principle, which is made explicit
in article 3 of the Convention against Torture, implies that the exposure of a
person to a torture-prone situation is as much a violation of that person's
basic human rights as the act of torture itself, as has also been confirmed by
the European Court of Human Rights.
593. It is interesting to note that the Human Rights Committee is of the
opinion that the prohibition contained in article 7 of the Covenant must
extend to corporal punishment, including excessive chastisement ordered as
punishment for a crime or as an educative or disciplinary measure. This seems
to imply that the final sentence of article 1, paragraph 1, of the Convention
against Torture, which states that the term “torture” does not include pain or
suffering arising only from, inherent in or incidental to lawful sanctions,
has to be interpreted as meaning that such lawful sanctions must be in
conformity with international standards. No State should be allowed to
perform acts as a lawful sanction which in any other form are generally
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condemned as a serious human rights violation. In this respect, it is
relevant to take note of the Committee's observation that no lustification or
extenuating circumstances may be invoked to excuse a violation of article 7
for any reason.
594. If all Governments would take to heart the views and opinions of the
Committee and would scrutinize their national system to see whether it is in
conformity with these views and opinions and would start to introduce the
necessary reforms, the campaign against torture would gain new momentum. The
Human Rights Committee is a highly authoritative body; it is composed of
independent experts; it is representative of all regions and all cultures.
Its views should therefore be taken with the greatest possible seriousness.
Only then can torture, which I called seven years ago in my first report “the
plague of the second half of the twentieth century”, be prevented from
entering the twenty-first century unhampered.
