Aadel Collection
Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak
UNITED
NATIONS
A
Distr.
General
Assembly
GENERAL
AIHRCI7/3IAdd. 1
19 February 2008
ENGLISHIFRENCHISPANISH
ONLY
Human Rights Council
Seventh session
Agenda Item 3
PROMOTION AND PROTECTION OF ALL HUMAN RIGHTS,
CIVIL, POLITICAL, ECONOMIC, SOCIAL AND CULTURAL
RIGHTS, INCLUDING THE RIGHT TO DEVELOPMENT
Report of the Special Rapporteur on torture and other cruel, inhuman or
degrading treatment or punishment, Manfred Nowak
Addendum
Summary of information, including individual cases, transmitted
to Governments and replies received*
The present document is being circulated in the languages of submission only as it greatly exceeds
the page limitations currently imposed by the relevant General Assembly resolutions.
*
GE.08-10697
A!HRC/7/3/Add. 1
page 2
Contents
Paragraphs Page
Introduction 1-5 4
Mandate abbreviations 6
Summary of allegations transmitted and replies received 1-288 8
Afghanistan 1 8
Algeria 2-8 9
Angola 9 14
Armenia 10 16
Bahrain 11-13 16
Bangladesh 14-22 20
Bhutan 23 30
Brazil 24-25 30
Burundi 26 32
Cambodia 27-28 33
Canada 29 34
Central African Republic 30 40
Chad 31 40
Chile 32 41
China 33-54 42
Colombia 55 71
Côte d'Ivoire 56 73
Cuba 57 74
Democratic Republic of the Congo 58-6 1 75
Egypt 62-65 82
Eritrea 66-68 93
Ethiopia 69-71 95
Fiji 72-73 98
France 74-75 101
Georgia 76-77 103
Germany 78 105
Guinea 79 111
Honduras 80 112
India 81-84 113
Indonesia 85 118
Iran (Islamic Republic of) 86-110 121
Iraq 111-114 136
Italy 115 141
Jordan 116-117 141
Kazakhstan 118 143
Kenya 119 145
Kuwait 120 146
Kyrgyzstan 121-127 146
Latvia 128 154
Lebanon 129-133 154
Liberia 134-135 161
Libyan Arab Jamahiriya 136-139 166
A!HRC/7/3/Add. 1
page 3
Paragraphs Page
Malaysia 140-142 172
Maldives 143 177
Mexico 144-153 180
Morocco 154-157 195
Myanmar 158-163 200
Nepal 164-170 203
Nicaragua 171 212
Nigeria 172 213
Pakistan 173-177 214
Philippines 178-181 219
Romania 182 223
Russian Federation 183-185 225
Rwanda 186 233
Saudi Arabia 187-198 233
Sierra Leone 199 240
Slovakia 200 240
Somalia 201-202 241
Sri Lanka 203-206 242
Sudan 207-212 243
Sweden 213 248
Syrian Arab Republic 214-223 250
Thailand 224-226 256
Tunisia 227-23 1 261
Uganda 232 265
Ukraine 233-236 266
United Arab Emirates 23 7-241 274
United Kingdom of Great Britain and Northern Ireland 242-247 278
United States of America 248-256 292
Uzbekistan 257-271 310
VietNam 272-274 328
Yemen 275-283 332
Zimbabwe 284-288 336
Appendix — Model questionnaire for submission of cases 344
A!HRC/7/3/Add. 1
page 4
Introduction
1. This addendum to the report of the Special Rapporteur contains, on a country-
by-country basis, summaries of reliable and credible allegations of torture and other
cruel, inhuman or degrading treatment or punishment that were brought to the
attention of the Special Rapporteur, and were transmitted to the Governments
concerned. It also contains replies from Governments. This addendum does not
illustrate the state of torture and other cruel, inhuman or degrading treatment or
punishment throughout the world, but rather reflects the state of information brought
to the attention of the Special Rapporteur.
2. The Special Rapporteur would like to recall that in transmitting these
allegations to Governments, he does not make any judgement concerning the merits
of the cases, nor does he support the opinion and activities of the persons on behalf of
whom he intervenes. The prohibition of torture and other cruel, inhuman or degrading
treatment or punishment is a non-derogable right, and every human being is legally
and morally entitled to protection. When the Special Rapporteur receives reliable and
credible information that gives grounds to fear that a person may be at risk of torture
or other forms of ill-treatment, he may transmit an urgent appeal to the Government
concerned. The communications sent by the Special Rapporteur have a humanitarian
and preventive purpose, and do not require the exhaustion of domestic remedies.
Governments are requested to clarify the substance of the allegations, take steps to
protect the person's rights, and are urged to investigate the allegations and prosecute
and impose appropriate sanctions on any persons guilty of torture and other cruel,
inhuman or degrading treatment or punishment.
3. During the period under review, i.e. from 16 December 2006 to 14 December
2007, the Special Rapporteur sent 79 letters* of allegations of torture to 51
Governments and 187 urgent appeals* to 59 Governments on behalf of persons who
might be at risk of torture or other forms of ill-treatment. Government responses
received up to 31 December 2007 have been included. The responses received after
that date will be duly reflected in a future communications report.
4. The Special Rapporteur appreciates the timely responses received from
Governments to the letters and urgent appeals transmitted. He regrets that many
Governments fail to respond, or do so selectively, and that responses to older cases
remain outstanding in large part.
5. Owing to restrictions on the length of documents, the Special Rapporteur has
been obliged to reduce considerably details of communications sent and received,
with attention given to information relating specifically to allegations of torture and
other cruel, inhuman or degrading treatment or punishment. As a result, requests from
Governments to publish their replies in their totality could not be acceded to.
Moreover, attention is given to information in Government replies specifically
relating to the allegations, particularly information on the following:
* Includes joint action with other special procedures of tile Commission on Human Rights. General
statistical infonimtion on communications sent b special procedures in 2007 is available on OHCHR
website : http://www.ohchr.org.
A!HRC/7/3/Add. 1
page 5
(a) What steps were taken to ascertain the veracity of the facts alleged?
(b) Has a complaint been lodged by or on behalf of the alleged victim?
(c) The details, and where available the results, of any investigation, medical
examinations, and judicial or other inquiries carried out in relation to the case.
(d) Full details of any prosecutions which have been undertaken (e.g. penal,
disciplinary or administrative sanctions imposed on the alleged perpetrator(s)).
(e) What compensation and rehabilitation have been provided to the
victim or the family of the victim?
A!HRC/7/3/Add. 1
page 6
Abbreviations
TOR
Special Rapporteur on torture and other cruel, inhuman or degrading
treatment or punishment
FRDX
Special Rapporteur on the promotion and protection of the right to
freedom of opinion and expression
HRD
Special Representative of the Secretary-General on the situation of
human rights defenders
SUMX
Special Rapporteur on extrajudicial, summary or arbitrary executions
IND
Special Rapporteur on the situation of human rights and fundamental
freedoms of indigenous people
WGAD
Working Group on Arbitrary Detention
HLTH
Special Rapporteur on the right of everyone to the enjoyment of the
highest attainable standard of physical and mental health
IJL
Special Rapporteur on the independence of judges and lawyers
FOOD
Special Rapporteur on the right to food
RINT
Special Rapporteur on freedom of religion or belief
VAW
Special Rapporteur on violence against women, its causes and
consequences
MIG
Special Rapporteur on the human rights of migrants
EDU
Special Rapporteur on the right to education
MIN
Independent Expert on minority issues
LIB
Independent expert on the situation of human rights in Liberia
SALE
Special Rapporteur on the sale of children, child prostitution and child
pornography
MMR
Special Rapporteur on the situation of human rights in Myanmar
HOUS
Special Rapporteur on adequate housing
TERR
Special Rapporteur on the promotion and protection of human rights and
fundamental freedoms while countering terrorism
A!HRC/7/3/Add. 1
page 7
AL
Allegation letter
JAL
Joint allegation letter
UA
Urgent appeal
JUA
Joint urgent appeal
A!HRC/7/3/Add. 1
page 8
Para
Country
Date
Type
Mandate
Allegations transmitted
Government response
1. Afghanistan 02/05/07 JAL HLTH; Sanad Ali Yislam al-Kazimi, a 37-year-old
TOR; Yemeni national, detained at the U.S. Naval Base
in Guantanamo Bay, Cuba. In early January 2003,
he was arrested in Dubai, United Arab Emirates,
where he was held for eight months and 16 days.
On or about 16 to 18 August 2003, he was
transferred to the custody of United States forces
and taken to Kabul, Afghanistan. He was held in
the “Prison of Darkness” (also known as the Dark
Prison) for nine months. He stated that the worst
treatment he has experienced since his capture
occurred in this prison. He suffered severe
physical and psychological torture by Jordanian
interrogators, who were supervised by U.S.
personnel. It is reported that the torture was so
extreme, going beyond the methods described
above, that it prompted Mr. Al-Kazimi to attempt
suicide three times by striking his head against
the cell wall. As a result he sustained large visible
scars on his scalp. Among other things, he was
suspended with his arms above his head and
beaten with electrical cables. On or about 16 May
2004, he was transferred to Bagram, where he
was held in U.S. custody for four months, and
where he was tortured in a manner similar to that
in the Prison of Darkness. On or about 18
September 2004, he was transferred to
Guantanamo Bay, Cuba, where he is currently
detained. Mr. Al-Kazimi continues to suffer
psychological trauma, inability/unwillingness to
discuss details of treatment/torture, has attempted
suicide, fears reprisals and continued abuse, and
A!HRC/7/3/Add. 1
page 9
Para
Country
Date
Type
Mandate
Allegations transmitted
Government response
finds himself talking to himself on a regular basis.
Mr. Al-Kazimi suffers from chronic constipation,
hemorrhoids, and blood in his feces since his
detention in the Prison of Darkness. Fahd
Muhammed Abdullah al-Fawzan, a 24-year-old
Saudi national, detained at the U.S. Naval Base in
Guantanamo Bay, Cuba. He was apprehended
between October and December 2001 by
Pakistani tribesmen who turned him over to the
Pakistani military. He was interrogated by
Pakistani military, transferred to U.S. military
custody shortly thereafter in Kohat, Pakistan, and
then transferred to Kandahar, Afghanistan, where
he was held for two months. In detention he
reports that unidentified U.S. officials threatened
him with firearms, strangled him with wires, and
shocked him with electricity. In early 2002, he was
transferred to Guantanamo Bay, Cuba, where he
is currently detained. Mr. Al-Kazimi was not
permitted to see a lawyer, relatives, or friends
before his transfer to Guantanamo Bay. He has
not seen any member of his family since his arrest
in early 2003. Mr. Al-Fawzan has not seen any
member of his family since his departure for
Afghanistan in October 2001. His family only
become aware of his imprisonment nearly two
years after his capture and could only confirm it
from photographs of Guantanamo Bay prisoners
posted on the Internet.
2.
Algeria
29/01/07
JUA
WGAD;
Abderrahmane Mehalli. M. Abderrahmane
Par lettre datée du 26 juin 2007, le Gouvernement
TERR;
Mehalli aurait été arrêté le soir du 26 décembre
a confirmé que M. Mehali a été arreté le 27
TOR
2006 a 1 9h30 a son domicile de Bachdjerah
par
décembre, inculpé par le juge d'instruction de
Ia
les services de Ia brigade mobile de Ia police
2ème chambre du Tribunal d'Alger et mis en
A!HRC/7/3/Add. 1
page 10
Para
Country
Date
Type
Mandate
Allegations transmitted
Government response
judiciaire de Oued Ouchaeih, et quelques
membres des services du département du
renseignement et de Ia sécurité. II aurait été
détenu dans un lieu inconnu pendant l2jours,
durant lesquels les agents des services du
département du renseignement et de Ia sécurité
l'auraient roué de coups de poings et de pied. Ils
lui auraient aussi bouché le nez en mettant en
même temps un chiffon dans Ia bouche, et
ensuite verse du liquide sur Ia tête. Ils l'auraient
également menace au moment oü il devait être
entendu par le juge d'instruction. Le 6 janvier
2007, M. Mehalli aurait été présenté devant le
juge d'instruction de Ia 2ème chambre du Tribunal
d'Alger. II aurait été place sous mandat de depOt
et transféré a Ia prison de Serkadji oü il se
trouverait détenu a ce jour. M. Mehalli serait
accuse d'appartenance a un groupe terroriste
armé)). II aurait reconnu les faits qui lui sont
reprochés sous Ia menace et aurait été contraint
de signer un procès verbal sans pouvoir le lire
auparavant. Par ailleurs, M. Mehalli n'aurait pas
recu de soins médicaux suite aux actes subis
mais il aurait été oblige de signer un document
attestant du fait qu'il aurait été bien traité.
detention provisoire. L'affaire était pendante
devant le juge d'instruction.
3.
20/02/07
JAL
SUMX;
TOR
Mounir Hammouche. M. Hammouche aurait été
arrêté une premiere fois a Am Taghrout, Wilaya de
Bordj Bou Arreridj, le jeudi 20 décembre 2006
vers 20 heures a Ia sortie de Ia mosquée de Ia
ville par plusieurs personnes armées et en tenue
civile circulant a bord d'un véhicule de marque
Peugeot 406 de couleur grise et immatriculée a
Alger. Conduit dans une caserne militaire relevant
Par lettre datée du 26 juin 2007 le Gouvernement
a confirmé les faits et indiqué que l'autopsie
entreprise par M. Benharkat, médecin chef du
service de médecine légale de l'Hopital
Universitaire de Constantine conclut que Ia mort
de M. Hammouche était consecutive a une
asphyxie mécanique par pendaison et que
cette pendaison est considerée comme suicide,
A!HRC/7/3/Add. 1
page 11
Para
Country
Date
Type
Mandate
Allegations transmitted
Government response
du Département du renseignement et de Ia
sécurité (DRS) ii lui aurait été reproché de ne
pas faire Ia prière dans Ia mosquée Ia plus proche
de son domicile , et egalement le fait qu'il
portait une barbe ainsi qu'une tenue
vestimentaire islamique . II aurait ensuite été
libéré le lendemain, 21 décembre 2006. Deux
jours plus tard, le 23 décembre, M. Hammouche
aurait de nouveau été enlevé par les mêmes
personnes circulant a bord du même véhicule
toujours a Ia sortie de Ia mosquée après Ia
dernière prière du soir. Messieurs Antar Zaibet,
Fares Messahel, Walid Laggoune et Mounir
Rezazga auraient egalement été arrêtés dans les
mêmes circonstances et conduits a Ia caserne du
DRS de Constantine oü ils auraient fait l'objet de
tortures et de mauvais traitements. Le 29
décembre au soir, les services de sécurité
auraient avisé Ia famille de M. Hammouche que
celui-ci était décédé lors de sa garde a vue II
aurait été egalement déclaré a Ia famille que
celui-ci s'était probablement suicide et ((
qu'une autopsie avait de toute facon été pratiquee
et ((qu'ils pouvaient enterrer le corps . Le
corps de Ia victime aurait été restitué dans Ia
soirée a Ia famille. Celui-ci portait de nombreuses
traces de tortures, dont une blessure au niveau de
Ia tête ainsi que des ecchymoses au niveau des
mains et des pieds, ce qui laisse penser que M.
Hammouche serait décédé a Ia suite de tortures
subies lors de sa garde a vue. Le 30 décembre, Ia
famille aurait procédé a l'enterrement du corps
sous surveillance policière. Les quatre hommes
jusqu'à preuve du contraire x .
A!HRC/7/3/Add. 1
page 12
Para
Country
Date
Type
Mandate
Allegations transmitted
Government response
arrêtés en même temps que M. Hammouche
auraient été présentés par le département du
renseignement et de Ia sécurité de Constantine
au procureur de Ia republique du tribunal de Bordj
Bou Arreridj, qui aurait requis l'ouverture d'une
information judiciaire pour apologie du
terrorisme)) conformément a ‘art. 87 bis 4.-
Ordonnance n° 95-11 du 25 février 1995.
4. 01/06/07 JUA WGAD; Fethi Hamaddouche. Le 2 mars 2007, M. Fethi
TOR Hamaddouche ne serait pas rentré chez lui après
être sorti en ville le soir. Le 5 mars 2007, des
agents du Département du Renseignement et de
Ia Sécurité (DRS) auraient arrêté Samir
Hamaddouche, frère de Fethi, et l'auraient conduit
a Ia caserne de Mostaganem, située dans une
zone nommée le Plateau . Samir
Hamaddouche aurait été battu par les agents du
DRS. Les agents du DRS l'auraient ensuite
conduit auprès de son frère Fethi (qui aurait eu le
visage enflé, comme s'il avait été battu), ils lui
auraient demandé de confirmer qu'il s'agissait
bien de lui, et l'auraient interroge a propos de sa
famille et de ses amis. Samir Hamaddouche
aurait été reläché le soir du même jour. Depuis le
5 mars 2007, Ia famille de Fethi Hamaddouche
n'aurait plus aucun contact avec lui et n'aurait
recu aucun renseignement officiel sur le lieu de sa
detention. Ils auraient recu un appel anonyme
debut mai 2007. L'interlocuteur non identifié leur
aurait dit que M. Hamaddouche avait été transféré
a Hydra, dans Ia region dAlger. La caserne
militaire d'Antar est située a Hydra et celle-ci
abriterait un centre de detention non déclaré.
A!HRC/7/3/Add. 1
page 13
Para
Country
Date
Type
Mandate
Allegations transmitted
Government response
5.
15/06/07
UA
TOR
M. X, citoyen algerien, dont le nom n'a pas été
communiqué au Rapporteur Special pour des
raisons de sécurité, mais qui est connu par le
Gouvernement. Le 6 juin 2007, M. X aurait été
déporté du Royaume Uni vers lAlgérie oü ii avait
résidé a partirde 1994. Depuis son arrivée a
Iaéroport dAlger, ii serait détenu incommunicado
dans un lieu de detention non-officiel,
probablement dans des baraques militaires a
Alger par le Département du renseignement et de
Ia sécurité, le département de Ia sécurité militaire
qui est chargé des enquetes sur les cas lies aux
activités terroristes.
Par une lettre datée du 29/06/07, le
Gouvernement a invite le Rapporteur Special a
lui fournir l'identité complete du citoyen algérien
M.X. pour permettre aux autorités compétentes
d'instruire cette affaire et de donner suite a Ia
présente communication .
6.
29/06/07
JUA
IJL; TOR
Mohamed Boucekkine, résidant de Fouka, qui
serait détenu incommunicado par les services de
sécurité. Le 15 juin 2007 a 1 8h30, deux individus
en civil seraient entrés au domicile de Ia famille
Boucekkine a Fouka sans s'identifier. Ils auraient
demandé a Mohamed Boucekkine ses papiers et
auraient procédé a une fouille de Ia maison.
Lorsque son épouse a demandé oü ils
emmenaient son mar les deux individus lui
auraient répondu qu'ils allaient simplement
l'interroger. Le visage couvert, M. Boucekkine
aurait été amené vers un endroit inconnu oü il
serait encore détenu. Treize jours après son
arrestation, il n'aurait toujours pas pu entrer en
contact avec sa famille ni avec un avocat.
Mohamed Boucekkine avait déjà été arrêté et
purge une peine d'emprisonnement de 7 ans
avant d'être libéré en 1999. En plus, son père
aurait été arrêté en 1995 et serait a ce jour
toujours porte disparu. Sa mere aurait été arrêtée
A!HRC/7/3/Add. 1
page 14
Para
Country
Date
Type
Mandate
Allegations transmitted
Government response
en 1997 et serait morte en detention suite aux
mauvais traitements queue aurait subis.
7.
03/08/07
JAL
IJL; TOR
M. Hammouche. Suite aux conclusions de
l'autopsie que cette pendaison est considérée
comme suicide, jusqu'à preuve du contraire
(you ci-dessus, para. 3), les Rapporteurs spéciaux
ont rappelé que le droit international des droits de
l'homme établit une présomption irrefragable de
responsabilité de l'Etat pour les violations du droit
a Ia vie et le droit a l'integrite physique et morale
et demandé le rapport d'autopsie.
8.
16/11/07
UA
TOR
M. KamalAkkache. Le 11 septembre 2007, M.
Kamal Akkache aurait été arrêté par environ huit
hommes en civil devant une mosquée dans Ia
municipalité dEl Mouradia a Alger. Ces hommes
auraient déclaré être des agents du Département
des Renseignements et de Ia Sécurité (DRS). Ils
auraient force M. Kamal Akkache a monter dans
sa propre voiture et lauraient conduit en un lieu
inconnu. Le 16 septembre 2007, six hommes en
civil qui se présentaient comme des agents de Ia
Sécurité militaire auraient fouillé le domicile de
Kamal Akkache devant son père. Les hommes
auraient refuse de révéler oü il se trouvait et les
motifs de son arrestation. Depuis le 11 septembre
2007, Ia famille de M. Kamal Akkache n'aurait
plus aucun contact avec lui et n'aurait recu aucun
renseignement sur le lieu de sa detention. M.
Kamal Akkache serait epileptique.
9.
Angola
14/12/07
JUA
MuG; TOR;
yAW;
Detention and deportation of a large number of
Congolese nationals from Angola to the
Democratic Republic of Congo. There have been
A!HRC/7/3/Add. 1
page 15
Para
Country
Date
Type
Mandate
Allegations transmitted
Government response
serious human rights abuses against the
Congolese deportees, which have been
committed by the Angolan security forces at the
border between the Democratic Republic of
Congo and Angola. These abuses have been
purportedly targeted toward groups of migrant
workers mainly composed of Congolese citizens
who are involved in informal diamond mining
activities in Angola. The abuses reported include
the systematic use of physical and sexual
violence, confiscation of the migrant's belongings
and separation of family members during the
expulsion process. Women were systematically
raped by Angolan security forces, on many
occasions in front of their children or in public.
Women were continuously raped - while being
expelled from their homes, in provisional detention
facilities, at the checkpoints and during their
transport to the border. In addition, the health
situation of the expelled migrants is a major
concern. As most of them have been involved in
informal diamond mining, they and their families,
including children, have been forced to submit to
invasive bodily searches (including the anal and
vaginal cavities) to uncover hidden diamonds.
According to the reports, the searches are being
conducted in such a manner that they are causing
psychological and physical trauma to the
deportees. The mental and physical health of
female victims of sexual violence is of particular
concern. It has been reported that they suffer from
various pains in their vagina and lower stomach,
and have been deeply traumatized by the abuse
A!HRC/7/3/Add. 1
page 16
Para
Country
Date
Type
Mandate
Allegations transmitted
Government response
they suffered. Most of them have not received any
health care upon their arrival to the Democratic
Republic of Congo. Furthermore, the migrants
have been kept in incommunicado detention in
harsh conditions before their deportations,
subjected to beatings and other forms of ill-
treatment, and denied food and water provisions
both during their detention and deportation to the
Congolese border. There are also reports of
deaths due to exhaustion or maltreatment .
10. Armenia 30/05/07 JAL SUMX; Levon Gulyan, a 30-year-old Armenian citizen.
TOR He was called to a police station in Yerevan
several times between 10 and 12 May to testify as
a witness in connection with a murder. On 12 May
2007, he was transferred to the police
headquarters in Yerevan around 1 p.m. Four
hours later he was found dead. When announcing
that Mr. Gulyan had died, the police claimed that
Mr. Gulyan had died either while trying to escape
from the room where he was held by jumping from
the third storey window, or that he had decided to
commit suicide. However, marks of ill-treatment
and bruises that are unlikely to stem from jumping
or falling out of a window were discovered on his
body.
11.
Bahrain
14/03/07
JUA
WGAD;
JaffarAhmad, a 35-year-old mechanic. On 1
TOR
March 2007 at around 8.45 p.m., he was stopped
on the street close to his residence by a group of
plain-clothed security officers wearing black
masks. The men beat him using sticks and kicked
and punched him in various parts of his body. He
was taken by a car to a police station in the
central region, where he is currently being
A!HRC/7/3/Add. 1
page 17
Para
Country
Date
Type
Mandate
Allegations transmitted
Government response
detained. Mr. Ahmad was not permitted to contact
his parents or his lawyer after the arrest. On 3
March 2007 at around 9 a.m., Mr. Ahmad was
brought before the public prosecutor and accused
of arson and riot, pursuant to article 179 of the
Penal Law, which states that “if one or more of the
crowd starts to use violence in order to achieve
the goal of their assembly, it is considered as a
riot. He who participated in the riot and knew
about it is punished with prison and is fined with
no more than 500 Bahraini Dinars.” Mr. Ahmad
denied the accusations, but was not allowed by
the Public Prosecutor to question a state witness
and was prevented from defending himself. The
Public Prosecutor decided to hold the accused in
custody for 15 days. Mr. Ahmad has not had
access to a lawyer at any stage of the
investigation. After having been transferred back
to the police station he was permitted to see
family members, who discovered beating marks
on his stomach and deep scratches on both arms.
Mr. Ahmad's right eye was reddened with a red
clot of blood beneath it and he had no sight in this
eye. He had not received any medical treatment
since the arrest. On the evening of 4 March 2007,
Mr. Ahmad was transferred to a clinic, which was
not able to diagnose his condition or provide him
with appropriate treatment. He was transferred to
the military hospital on the morning of 5 March
2007, where he was examined by a group of
doctors. Mr. Ahmad was informed that the reason
for him not being able to see was because the
retina of the eye had been damaged. He was also
A!HRC/7/3/Add. 1
page 18
WGAD;
FRDX;
TOR
Au Saeed Yacob aI-Khabaz, a 22-year-old
resident of Sanabis, who was arrested after a
demonstration in support of Mr. Hassan
Mushiama, secretary-general of the organisation
“Movement of Freedoms and Democracy — HAQ”,
and Mr. Abdul Hadi al-Khawaja, president of the
“Bahrain Center for Human Rights”. The latter
were subjects of a previously transmitted
communication on 2 February 2007, and have
since been released. Mr. Ali Saeed Yacob al-
Khabaz was arrested by special forces on 20 May
2007 after attending a peaceful demonstration
that took place in an area between the cities of
Sanabis and Daih. The special forces dispersed
the demonstration, using rubber bullets, sound
bombs and tear gas. They chased some of the
demonstrators and arrested Mr. Al-Khabaz in front
of his family home. During the arrest, he was
forced to the ground by the special forces,
collectively beaten with batons and kicked with
boots. For two days he was treated at Bah rain
Defence Force Hospital for a broken nose, injuries
to his head, lacerations to his face, a dislocated
lower jaw, bruises and swelling of both eyes,
injuries to his legs, and wounds on his back. Mr.
Al-Khabaz is currently unable to walk. The public
Drosecutor ordered Mr. Al-Khabaz' detention for
By letters dated 14/06/07 and 20/07/07, the
Government informed that he was released on 8
June 2007. The “facts” set out concerning the
arrest of Ali Said al-Khabbaz are untrue and
baseless. He was arrested for attending a
peaceful demonstration. The right to express an
opinion by peaceful means is guaranteed by the
Constitution and by Bahraini law. No one has ever
been arrested for exercising this right. Mr. Al-
Khabbaz was one of a group of around 40
persons who took part in riots in the Sanabis area
on 20 May 2007. They threw Molotov cocktails
and stones at the security forces which had been
sent to disperse the crowds, quell the rioting and
protect the lives of citizens from these
irresponsible acts of sabotage. The rioters set fire
to rubbish skips on the main road, placing the
residents of the area in danger. Mr. Al-Khabbaz
was arrested in the Sanabis area while engaging
in riotous behaviour and arson. There is no truth
to the allegations that he was picked up in front of
his home. His injuries were caused by a tumble
that he took while fleeing from the security forces
in order to evade arrest. He fell on his face, which
caused him to have a nose bleed. Immediately
afterwards, he assaulted and injured a policeman
with a stone which he had in his hand. His
12.
25/05/07
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told that he required an operation. An appointment
was set for 21 March 2007. Mr. Ahmad had not
suffered from any illness or disability in his eye
before he was ill-treated upon arrest. The physical
abuse was recorded neither at the police station
nor by the public prosecutor.
JUA
A!HRC/7/3/Add. 1
page 19
Para
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one week. On 23 May 2007 he was first
transferred from the hospital to Qudhaibeya Police
Station and then to Nuaim Police Station in
Manama, where he is being held at present.
When his family requested to visit him on 22 May
2007 at Nuiam Police Station they were
threatened by the station commander and forced
to leave.
subsequent injuries were sustained when he
resisted arrest by the security forces at the scene
of the crime. The accused was informed of the
reasons for his arrest and was brought before the
public prosecution service which is an
independent judicial authority within the statutory
48 hour time limit as prescribed by article 57 of the
Code of Criminal Procedures. He was then
transferred to the military hospital for medical
treatment. He was not detained in a police station.
Officers at the station notified his family that he
had been detained at the military hospital for
having committed a crime. These procedures are
consistent with international treaties. The Ministry
of Interior did not receive any complaints from or
on behalf of this person in connection with the
allegations set out in the letter. It may be best to
ask the public prosecution service about its
investigations and their outcome.
13.
27/06/07
AL
TOR
Ahmed Khamees Abdulla Hasan, aged 23, Ali
Fardan, aged 22, Ali Marzooq, aged 22, Abbas
Kathem, in his thirties and Sayed Ahmed
Majeed, in his thirties. Following a protest held
close to the sea, on 9 June 2007 at Malekeya,
special forces and armed members of secret
forces in civilian clothes severely beat the above-
mentioned individuals with plastic batons and rifle
butts, kicked them with their safety boots, dragged
them on the ground and sprayed tear gas on
them. The five men sustained injuries, such as
broken legs, and bruises. Subsequently the
security officers detained them for five hours at
Hamad Town Detention Center without providing
A!HRC/7/3/Add. 1
page 20
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medical treatment. At about 2 p.m. they released
all five. Mr. Hasam was taken to Ward No. 23 of
Salmaneya Hospital the next morning in the
second floor of the old medical complex. However,
in violation of the officially prescribed procedures,
the doctor's name was not revealed and no
medical reports were issued.
14.
Bangladesh
31/01/07
JUA
WGAD;
TOR
Muzibur Rahman, a businessman, and Wahed, a
relative of Mr. Rahman, Abdul Gafur, aged 38,
and Basu Dev, aged 32. Mr. Muzibur Rahman
was arrested without a warrant by military officers
on 23 January 2007 at around 12.15 p.m. in the
vicinity of the Paikgachha magistrate court in the
district of Khulna, where he had attended a court
hearing on a legal land dispute. Mr. Wahed was
arrested by army officers on the same day at
around 4 p.m. at his shrimp cultivation project
situated in the village of Kamarerabad. The
military officers beat both men with goran sticks
and fists and kicked them with boots at the time of
their arrests. Mr. Muzibur and Mr. Wahed were
tied with ropes and taken to a temporary army
camp situated at the Saline Water Fisheries
Research Institute at Paikgachha town, where
they were interrogated and ill-treated by army
officers. Since their health conditions were
deteriorating the military admitted Mr. Muziburto
the Paikgachha Upazila HLTH Complex at around
10 p.m. and Mr. Wahed at around 8 a.m. the
following morning. On 25 January 2007 at around
9 a.m., they were transferred to the local police
station in order to be produced before the
magistrate's court. At the request of Mr. Muzibur's
By letter dated 28/06/07, the Government
informed that on 23 January 2007, at 2 p.m., Mr.
Rahman was apprehended by law enforcment
agents. He was interrogated about the criminal
activities in the area. Based on the information
extracted from the interrogation, another notorious
criminal Mr. Waheduzzaman was apprehended.
After the routine interrogation both the criminals
were handed over to Paikgacha Police Station at
about 6.35 p.m. On the same day, the police took
both of them to the Paikgacha Upazila Health
Complex, as they felt ill. They stayed at the health
complex for the next seven days and on 31
January 2007, both of them were taken before the
court where they were granted bail by the learned
court. Mr. Gafur and Mr. Basu Dev were arrested
at Kopilmoni on 17 January 2007. Both were
brought to the joint forces camp. On the same day
they were handed over to the local police station.
As per the law of the country, police sent them to
the local court under section 54 of the Criminal
Procedure Code. After the hearing the learned
court granted them bail. Law enforcement
agencies arrested Mr. Aman on 18 January 2007.
During the arrest, the individual was found
intoxicated. Later he was taken to the Paikgacha
A!HRC/7/3/Add. 1
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and Mr. Wahed's family, police officers agreed to
take both men back to the hospital. It would have
been impossible for them to move or stand in
court due to their serious physical condition. As a
result of ill-treatment Mr. Muzibur cannot move his
right leg and Mr. Wahed has lost strength in the
lower part of his body from his waist down. They
have not received adequate medical treatment at
the Paikgachha Upazila HLTH Complex. Family
members hired a medical doctor at their own
expense to treat the men. It is believed that
military officials who arrested Mr. Muzibur and Mr.
Wahed acted under the influence of police officers
of the detective branch of Khulna acquainted with
Mr. Muzibur's business competitor. Mr. Muzibur
and Mr. Wahed had been arrested and ill-treated
by military officers and subjected to threats and
intimidation by officers of the detective branch and
of the Paikgachha police following an earlier
arrest on 2 November 2006. Mr. Abdul Gafur and
Mr. Basu Dev were arrested by military officers
arriving in three pickup trucks on 17 January 2007
at around 7 p.m. at the Kopilmuni Bazar, an area
under the law enforcement jurisdiction of
Paikgachha Police Station in Khulna district. The
soldiers were beating the men at the time of their
arrests. Mr. Gafur and Mr. Dev were held
incommunicado until 22 January 2007. They were
admitted to a hospital in Khulna city on 19
January 2007. On 22 January 2007 the military
handed both men over to officers of the
Paikgachha Police Station who produced Mr.
Gafur and Mr. Dev before the Paikgachha Upazila
law enforcement agencies' camp for interrogation.
During the interrogation, he fell ill at 9.45 p.m. and
was handed over to Paikgacha Police Station.
Police immediately took him to the local health
complex for treatment but the duty doctor of the
health complex declared him dead. An unnatural
death case was registered in Paikgacha Police
Station. The body was sent to the morgue for an
autopsy. The cause of death will be known once
the report is received.
A!HRC/7/3/Add. 1
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magistrate's cognizance court on 23 January
2007. The court remanded them both to prison.
Mr. Amanullah (alias Aman), aged 40 , who was
arrested together with Mr. Gafur and Mr. Dev,
died in army custody on 18 January 2007 due to
severe injuries inflicted upon him before he
arrived at Paikguchha Hospital. Army officers
pressed medical doctors at the hospital to declare
that Mr. Amanullah died of natural causes. The
police of Paikgachha are investigating the case .
Shahidul Islam, the executive director of Uttaran,
a non-governmental organization which promotes
the rights of landless people in the Satkhira
region. Mr. Islam has also been involved in
campaigning against the Khulna Jessore
Drainage Rehabilitation Project (KJDRP) project.
On the morning of 27 January 2007, he was
apprehended by military personnel at the Uttaran
training centre in Tala Upazila. He was then
escorted to a joint forces interrogation cell where
he was beaten all over his body before being
transferred to Tala Police Station later that
afternoon. As a result of the beating, he suffered a
broken toe among other injuries. He was taken to
a prison hospital and later to a general hospital in
Satkhira district town. On 28 January 2007, he
was ordered to remain in detention for one month
under the Special Powers Act, which provides for
the detention of individuals who might commit
prejudicial acts against the State. However, no
official charges have been brought against him.
Mr. Shahidul Islam has not had access to his
family or lawyers since his arrest.
By letter dated 14/05/07, the Government
informed that on 27 January 2007, he was
arrested by the security joint forces and taken to
Tala Joint Forces camp. He was interrogated
there as per existing procedures and
subsequently hander over to Tala Police Station.
The allegation of torture was thoroughly rejected.
As some of Mr. Islam's activities went against the
interest of public safety, security and peaceful
environment, the learned court of Satkhira ordered
one month's detention under the Special Powers
Act 1974 since the date of his apprehension. The
case is under investigation now and Mr. Islam has
full access to seek legal recourse.
15.
05/02/07
JUA
WGAD;
HRD; TOR
A!HRC/7/3/Add. 1
page 23
Nazmul Huda, a lawyer and former Minister of
Communications, and several other individuals.
During the night of 3 to 4 February 2007, Mr.
Huda was detained under Section 3 of the Special
Powers Act 1974 for a period of 30 days. Four
trucks carrying armed personnel entered the road
where Mr. Huda lives and blocked all exits of the
road. The armed personnel entered the family's
premises, searched it, and apprehended Mr.
Huda. The order of detention “for anti-state
activities” was issued by a magistrate 36 hours
after his arrest and delivered to the police the next
morning. Mr. Huda's family was informed that he
was being taken to Cantonment Police Station,
Dhaka, where they later met him. In addition to
Mr. Huda, none of the other individuals arrested
under the same detention order have had access
to counsel. During the interrogations detainees
have been beaten and needles have been pushed
under their fingernails and into their private parts,
and are being deprived of sleep. Mr. Huda has
been deprived of sleep for two nights and days.
Mr. Huda's wife has applied several times to visit
him. On 12 February 2007, she was granted
permission to visit him, however, he has not yet
had access to counsel. Mr. Huda's wife filed an
application of habeas corpus under section 491 of
the Criminal Procedure Code on his behalf in the
High Court on 7 February 2007.
By letter dated 21/02/07, the Government
informed that due process is being followed in his
case, as in the cases of all others arrested,
irrespective of party affiliation. As a former
Minister, he is being given facilities in jail that are
far superior to those enjoyed by regular pre-trial
prisoners. The media and civil society are
following these high-profile cases very closely.
Any allegations of mal-treatment, torture or lack of
access, such as those referred in the summary,
would be reported without fail by the media.
16.
20/02/07
JUA
WGAD;
IJL; TOR
Para
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Type
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Allegations transmitted
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17.
27/04/07
JAL
IND;
Choles Ritchil, a Garo leaderfrom Beribaid
By letterdated 11/10/07, the Government
SUMX;
village, and other indigenous persons in
informed that a one-member judicial investigation
TOR;
Modhupur Upazila. On 10 February 2007, officials
commission, composed of a retired district judge
from the joint forces raided Beribaid village in
was set up under the Commission of Enquiry Act,
A!HRC/7/3/Add. 1
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search of Mr. Choles Ritchil. They arrested Protab
Jamble, B. S. (Mr. Ritchil's son, a 10th grade
student), P. K. S. (also a 10th grade student),
Nosil Ritchil (a relative of Mr. Choles Ritchil) and
Nokul Chandra Burman (a worker at Mr. Choles
Ritchil's residence). The detained persons were
beaten during their detention. As a result, they
required medical treatment at the HLTH Complex
in Modhupur from 11 to 13 February 2007. On 18
March 2007, Choles Ritchil, Piren Simsang,
Tuhin Hadima and Protab Jamble, were arrested
while they were travelling in a microbus, by six
members of the joint forces dressed in civilian
clothing at Kalibari, in Muktagacha Upazila.
Following the arrest, the men who had arrested
Mr. Choles Ritchil and the other three persons
travelling with him made telephone calls that led
to the arrival of 40 additional agents of the joint
forces in two lorries. The security forces took the
arrested persons to the nearby Khakraid army
camp at around 2 p.m. In the army camp, Mr.
Choles Ritchil and Mr. Protab Jamble were kept in
one room, and Mr. Piren Simsang and Mr. Tuhin
Hadim in another. Mr. Choles Ritchil was tied to
the grill of a window and beaten by nine persons.
A major entered the room ordering junior officers
to “size up Choles”, following which they used
pliers to press Mr. Ritchil's testicles and insert
needles in his fingers. Hot water was poured into
Mr. Ritchil's nostrils. He was hung upside down,
vomited blood and fainted several times. At one
moment, a physician in uniform came into the
room, accompanied by the major. Mr. Ritchil was
1956. It carried out an extensive investigation on
the allegations. In this connection, four persons
belonging to the armed forces were punished,
including removal from service and debarment
from promotion. A number of other individuals,
which include public officials, doctors and forest
officials are also being punished accordingly.
A!HRC/7/3/Add. 1
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taken out of the army camp to an unknown
location. Mr. Protab Jamble, Mr. Piren Simsang
and Mr.Tuhin Hadima were also subjected to
torture during their detention. Mr. Piren Simsang
and Mr. Tuhin Hadima were released at
approximately 5 p.m. on 18 March 2007 from the
Kharaid army camp, whereas Mr. Protab Jamble
was released at approximately 10 p.m., after he
was given medical treatment. On 19 March, Mr.
Ritchil's body was handed over by the
superintendent and the assistant superintendent
of police of Gopalpur Circle, Tangail district, to his
family and other indigenous leaders, at
approximately 2 p.m. at the Jalchatra Corpus
Christi Church compound. During the traditional
bath that was given to Mr. Ritchil's body before
the burial, witnesses saw that his eyes had been
plucked, his testicles removed, his anus mutilated,
both his palms had been smashed and had holes,
all fingers of his two hands were broken, the nails
of three fingers had been removed, there were
several blood stains and black marks on his back,
wounds in the middle part of both of his thighs,
lower legs and black marks on his feet, and a nail
of his right foot was missing. The burial took place
at Beribaid village at about 1 p.m. on 20 March.
On 20 March 2007, Mr. Choles Ritchil's family
filed a complaint at Modhupur Police Station,
however the station has so far failed to register
the case.
18.
14/05/07
JUA
WGAD;
FRDX;
HRD; TOR
Tasneem Khalil,
Dhaka-based Dai
consultant for the
an investigative journalist with
ly Star newspaper and part-time
international human rights
By letters dated 15/05/07 and 31/10/07, the
Government informed that the joint forces took Mr.
Khalil from his residence on 11 May, and he was
A!HRC/7/3/Add. 1
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organization, Human Rights Watch. Mr. Khalil
assisted Human Rights Watch in research for a
2006 report concerning allegations of torture and
extrajudicial killings by security forces in the
country, and has published several controversial
reports of alleged cases of corruption and abuse
by members of the security forces. On 11 May
2007, at approximately midnight, four plain-
clothed members of the joint task force arrested
him, searched his house, confiscating his
passport, two computers, documents and two
mobile phones, and took him to Sangsad Bhavan
army camp outside the parliament building in the
city. A warrant was not produced for his arrest nor
was he informed of the reason for his detention.
Mr. Khalil was called for questioning by military
intelligence during recent weeks.
allowed to leave the office within less than 24
hours after he was brought in for interrogation. No
information regarding discourteous behaviour with
him was reported.
19.
13/07/2007
JUA
TOR,
HLTH
Ms. Sigma Huda, a lawyer, the head of the
human rights group, Bangladesh Society for the
Enforcement of Human Rights, and the United
Nations Special Rapporteur on trafficking. Since 5
July 2007, she has been detained in custody in
connection with a case of alleged extortion. She
has potentially life-threatening heart and kidney
conditions, and is not getting adequate treatment
in prison. According to a senior consultant in
cardiology, she is suffering from coronary heart
disease, diabetes mellitus and a chronic renal
(kidney) failure. It is known that Sigma Huda has
been receiving long-term treatment for diabetes.
She was under treatment and observation when
she was taken into custody. She was taken to
court in an ambulance, and to the courtroom on a
By letters dated 24/07/2007 and 16/08/07, the
Government replied that she appears to be in
good health, having recovered from an earlier
ailment. Ms. Huda is being provided with proper
and timely medical treatment as and when
required, under the exiting Jail Code of
Bangladesh. She is also receiving specialized
medical care. As desired by her, a renowned
cardiac specialist of BSM Medical University, the
country's most reputed Medical Hospital, attended
her on 14 July. She was also sent to this
specialized hospital recently to obtain medical
advice. On 6 August, she was again referred to
this hospital. Subsequently, on the advice of the
doctors, she was admitted in the same hospital,
where she is now receiving the necessary medical
A!HRC/7/3/Add. 1
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stretcher, to hear the charges against her. She
was then sent to back to jail.
care. A copy of a medical certificate was provided
by the Government.
20. 03/09/07 JAL SUMX; Zakaria, Bibirkhill village, Pohorchandra. On 28
TOR March 2007, he was arrested at home. It is
understood that he was arrested in connection
with a complaint he had made against a sub-
inspector. He was taken to Chokoria Police
Station and to the court the same day (along with
two others who were arrested at the same time).
Although the court ordered the release of the
three persons they were returned to the police
station at about 7 p.m. Mr. Zakaria was beaten to
and from the police station. At 8.30 p.m.
policemen carried Mr. Zakaria out of the police
station and put him in a rickshaw, telling his wife
to take him to see a doctor. Mr. Zakaria was
declared dead at Chokoria Upazila Health
Complex on his arrival. The police refused to
accept a complaint filed by his wife, although the
magistrate's court ordered Chokoria Police Station
to re-investigate the case. JahangirAlam, a local
leader of the Jubo League in Teknaf. On 3 May
2007, he was arrested by the navy in Cox's
Bazaar. He was punched, kicked and beaten by
four or five persons who then dragged him into a
navy jeep. He was transported to the hospital for
the first time on 3 May by the police before being
transferred to Teknaf Police Station. On 4 May
2007, he was brought back to the hospital after his
condition deteriorated, and he shortly died.
Numerous injuries, bruises and marks were found
on his body. An unnatural death case was filed at
Teknaf Police Station. Torik Miah was arrested on
A!HRC/7/3/Add. 1
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18 June 2007 by army personnel from
Moulovibazar, Kulaura Thana. The army stated
that 15 army personnel led by a captain arrested
him at the western Bazar area of Moulovibazar
town. Army personnel searched his house and
forced his wife to sign a blank sheet of paper. His
brother, Mr. Mubir Miah, was visited by a police
constable from Kalaura Police Station, forced him
to sign a blank piece of paper and then informed
him that his brother had died from a heart attack
and his body was at the hospital. In response to a
request by local human rights groups for the
inquest report, the officer in charge of Kulaura
Police Station replied that army officials had
instructed him that the report could not be
released. An unnatural death case was filed at the
police station. A cleric who bathed the body
reported that it was badly bruised and appeared to
have been beaten .
21. 07/11/07 JUA WGAD; Jahangir Alam Akash, a journalist with CSB
FRDX; News Bangladesh, and a human rights defender,
HRD; IJL; Rajshahi (subject of a previously transmitted
TOR communication of 22 May 2007). On the night of
23 October 2007, at around 1.30 a.m., 10 tol 2
Rapid Action Battalion (RAB) agents in plain
clothes went to arrest him and search his house
for hidden weapons. The RAB agents grabbed Mr.
Alam Akash, began slapping him hard in the face,
handcuffed him, wrapped a black cloth around his
head and took him away. He was taken to a
nearby army camp where he was severely
beaten. He suffered severe physical injuries and
was taken to Raishahi HosDital. He is unable to
A!HRC/7/3/Add. 1
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walk. Mr. Alam Akash remains detained on
extortion charges and has not yet appeared in
court. Prior to these attacks, Mr. Alam Akash had
been broadcasting and publishing news on
alleged abuses of power by RAB. In particular, on
2 May 2007 he presented a report on an
attempted extrajudicial execution by RAB agents
that had taken place in Rajshahi. He has also
received numerous death threats due to his work
and has suffered physical assaults in the past
after publishing critical articles regarding local
politicians.
M. K. and Rafiqul Islam (AIHRCI4I33IAdd.1,
para. 13)
By letter dated 4/04/07, the Government informed
that the alleged facts stated in the summary are
not accurate. On 20 July 2006, a complaint
against an assistant sub-inspector of Khulna
district police was lodged by M. K. to the Woman
and Children Repression Prevention Tribunal,
Khulna. Subsequently, the magistrate first class,
Zone A, Khulna, was directed by the judge of the
tribunal to conduct a judicial inquiry into the
matter. The magistrate submitted a report on 25
February 2007, stating that no prima-facie case
was made out. An inquiry by an assistant
superintendent of police, Khulna, found that on 21
July 2006 at 3 p.m., two constables rushed to the
house of a wanted terrorist named Rafiqul Islam.
The suspect attempted to flee and fell into a
nearby pond. He was arrested, and relatives
including M. K. attempted to intervene and prevent
Mr. Islam from being taken into custody. The
police brought the situation under control and the
susDect was brouaht to Diaholia Police Station
22.
Follow-up
to past
cases
A!HRC/7/3/Add. 1
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and charged. The trial is pending. The suspect
was arrested by the pond's bank in broad daylight,
so the allegations of attempted rape of M. K. and
the demand of a bribe from the suspect are
baseless. No compensation has been provided.
23.
Bhutan
Follow-up
to past
cases
John Tamang (alias Puma Bahadur Tamang)
and Benjamin Sharma (alias
Budhu Mani Dhungana) (A/HRC/4/33/Add.1,
para. 17).
By letter dated 2 1/05/07, the Government
informed that they were released on 28 July 2006
on payment of a fine.
24.
Brazil
14/08/07
AL
TOR
Events that occurred between 7 and 9 May
2007 at Evaristo de Moraes Prison under the
responsibility of the State Secretary of
Penitentiary Administration (SEAP) of Rio de
Janeiro, where currently about 1500 persons are
detained. Between 7 and 9 May 2007, the Tactical
Intervention Group (GIT), a specialised unit of
SEAP, conducted an “operation” at Evaristo de
Moraes Prison, during which the detainees were
punched, kicked, slapped, beaten with shoes,
police clubs and pieces of wood. The officers
screamed war cries and death threats, used
pepper spray, tear gas, and fired rubber bullets
indiscriminately. They also stripped many of the
detainees naked, made them crawl on the floor,
eat garbage, imitate animals and repeat the
phrase: “the GIT is a good partner. They also
forced some detainees to dress in female clothes
and parade in front of others, kiss others mouths,
sit on each others laps while naked, smell each
others genitals, orto rub others buttocks with
their genitals. Malnourished and sick prisoners
were specifically targetted. As a result, large
numbers of detainees bore bruises and wounds.
A!IfflC/7/3/Add. 1
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On 19 May 2007, one of the detainees, José
Pereira, aged 24, died. Whereas the autopsy
report notes that the cause of death was
pneumonia, other testimonies stated that the
cause was the ill-treatment described above.
25. 18/09/07 JUA SUMX; Rodson da Silva Rodrigues, aged 28 years,
TOR Aurina Rodrigues Santana, aged 44, and
Aurina's son Paulo Rodrigo Santana, aged 19.
On 21 May 2007, military police from the 48th
CompañIa Independiente de Ia Policla Militar del
estado de Bahia (48th CIPM — Sussurana)
invaded the home and tortured Paulo Rodrigo
Santana and his sister (unnamed, 13 years old).
Over a four hour period, police demanded that
weapons, drugs, and money be handed to them,
and they beat, punched and suffocated the youth
with a plastic bag. Paulo was also abused with an
iron bar, and hot oil was poured on his head.
Aurina Rodrigues Santana brought the allegations
of torture to the attention of the Human Rights
Commission of the Legislative Assembly of Bahia,
which were then reported in the media. Paulo
asserted that the police had told him that attempts
to bring the police to account would lead to the
deaths of Paulo and his sister. The complaint of
torture was presented to the Organo de
fiscalizaciOn de Ia policla militar (Corregedoria) on
27 May 2007, and on 6 August 2007 Paulo and
his sister provided testimony to the Corregedoria,
insisting that they could identify the police officials
involved. One week later, on 14 August 2007,
Aurina, Paulo and Rodson were summarily
executed in their home. The thirteen year old airl
A!HRC/7/3/Add. 1
page 32
26. Burundi 16/05/07 JAL IJL; TOR Des mineurs incarcérés au Burundi. A Ia fin du
mois de décembre 2006, environ 400 enfants,
ägés de 13 a 18 ans, se trouvaient incarcérés
dans les prisons du Burundi. Plus de 75 pour cent
d'entre eux seraient toujours en attente d'un
procès, après des mois, voir des années de
detention. La plupart d'entre eux n'auraient pas eu
accès a un avocat. Dü a l'absence d'un système
de justice juvenile, les enfants seraient traités
comme des adultes tant devant les tribunaux que
dans les prisons. L'äge limite de Ia responsabilité
criminelle serait de 13 ans et les mineurs qui ont
entre 13 et 18 ans et qui sont déclarés coupables
d'un crime ne bénéficieraient pas des reductions
de peine normalement accordées aux adultes
reconnus coupables des mêmes crimes. Bon
nombre de prisonniers en attente de procès
seraient mélanges avec ceux reconnus
coupables. Cela causerait un surpeuplement dü a
l'utilisation rare de Ia mise en liberté sous caution,
et les enfants n'ayant pas d'avocat ne seraient
souvent même pas au cou rant de Ia possibilite
legale d'être libérés sous caution. Les enfants et
les adultes en prisons seraient détenus ensemble
pendant Ia plupart de Ia journée, rendant ainsi les
enfants vulnérables aux attaques physiques et
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was not in the home at that time. Residents of the
community believe that police executed the family,
and have testified to the 10th Delegacia de Policla
(Comisária) that the police repeatedly threatened
the family after the torture allegations were made
public.
A!HRC/7/3/Add. 1
page 33
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sexuelles perpétrées par les prisonniers adultes.
27. Cambodia 07/06/07 JAL HOUS; Forced evictions and home demolitions in the
FOOD; coastal town of Sihanoukville that took place on
TOR 20 April 2007. Police forcibly evicted 117 families
from the community of Mittapheap 4, in the
coastal town of Sihanoukville, following a
protracted land dispute which came into the open
in 2006 when a complaint was filed with the
Mittapheap 4 commune chief, claiming the
villagers were “illegal squatters”. Reports also
indicate that on the day of the eviction, the
community was surrounded by armed security
forces. Violent clashes between the police and
members of the community followed with the
police firing live ammunition in the air and into the
ground, beating people with electric batons and
dispersing them using a water cannon, while
some villagers defended themselves with
machetes, bottles and barbed wire. This resulted
in the injury of several people on both sides,
including that of a 77-year-old man who is still in
hospital. It is reported that 13 of the villagers were
subsequently arrested by police, beaten during
interrogation, and then taken to Sihanoukville
Prison. The detainees have been charged under
the UNTAC (United Nations Transitional Authority
in Cambodia) law, which is still in force, with
“battery with injury” (Article 41) and “wrongful
damage to property” (Article 52). On 2 May 2007,
one of the detainees, a 16-year-old fisherman,
was released on bail, while the 12 others were
denied bail. Over 100 homes were destroyed
durina the evictions that took Dlace on 20 ADril.
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leaving between 200 to 300 villagers without
shelter. Many of the forcibly evicted families are
now living in destitution along the roadside of
National Road 4 under tarpaulins provided by
NGO5. Reports indicate that this eviction order
was issued without any judicial oversight and was
not preceded or followed by any consultation with
most of the families concerned. The reports
received suggest that the forced evictions and
house demolitions carried out were actions taken
by the police and military police while executing a
separate warrant issued by the Sihanoukville
municipal court to search for illegal weapons. No
such weapons were found.
28.
31/07/07
JUA
HRD; TOR
Sath Savuth, a human rights defender working
for the protection of forests and land rights of the
inhabitants of Thlath commune, Anglong Veng
district, Oddar Meanchey province. On 21 July
2007, Mr. Sath Savuth was subject to a grenade
attack by unknown assailants at his home in
Anglong Veng. His life was previousy threatened
in July 2005 when he was attacked while working
in Tumring commune, Sandan district, Kampong
Thom province. No arrests were made, and no
investigation into that attack has been carried out.
29.
Canada
01/02/07
JUA
WGAD;
HLTH;
TOR
Three men in immigration detention on so-called
“security certificates”, Mohammad Mahjoub, an
Egyptian citizen and accepted as a refugee in
Canada in 1996, Mahmoud Jaballah, an
Egyptian citizen, and Hassan Almrei, a Syrian
citizen and accepted as a refugee in Canada in
2000. Mohammad Mahjoub was arrested in
Toronto in June 2000 and has been in immigration
By letter dated 2 March 2007 the Government
replied that the detainees health is being
monitored closely in accordance with detailed
written directives that conform to Canadas
international legal obligations, as well as with
international standards for the medical care of
detained persons. The detainees are in no
immediate risk. Moreover, both the basis of their
A!HRC/7/3/Add. 1
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detention under a security certificate since then.
His certificate was upheld in October 2001 and he
was denied bail in November 2003 and again in
November 2005. Mahmoud Jaballah was arrested
under a security certificate in August 2001, days
before the hearing on his asylum claim. He had
previously been detained under a security
certificate for seven months in 1999 before a
judge quashed the certificate. The second
certificate was quashed by a judge as well, but, a
third certificate having been issued, he was not
released. Hassan Almrei was arrested under a
security certificate in October 2001 and his
certificate was upheld by a judge the same year.
He has been refused bail twice. While de jure in
immigration detention, the three men have spent
most of the more than five (in the case of Mr.
Mahjoub, more than six-and-a-half) years of their
detention in a provincial (criminal) high-security
prison, several of those years in solitary
confinement. Mohammad Mahjoub, Mahmoud
Jaballah and Hassan Almrei are now detained at
the Kingston Immigration Holding Centre. The
three men are currently on a liquids-only hunger
strike. As of today (30 January 2007), Mohammad
Mahjoub has been on hunger strike for 67 days,
while Mahmoud Jaballah and Hassan Almrei have
been on hunger strike for 56 days. They have
been drinking only orange juice and occasionally
clear broth. The authorities in charge of the
Kingston Immigration Holding Centre are not
medically monitoring their vital signs (i.e., blood
pressure, cardiac and respiratory rate) and
detention and their conditions of detention are
under active judicial scrutiny. The detainees are
being housed at the Kingston Immigration Holding
Centre (KIHC), which opened in 2006 specifcally
for the purpose of housing persons who are
subject to security certificates. Although it is within
the confines of the federal penal institution of
Millhaven Penitentiary at Bath, Ontario, the KIHC
is a separate facility operated by the Canada
Border Services Agency (CBSA), the
governmental agency responsible for enforcing
Canadas immigration laws. The KIHC allows
individuals held under security certificates to be
housed in isolation from the Millhaven general
inmate population. Correctional Services Canada
(CSC), the govemment department that is
responsible for federal penitentiary administration,
acts as a service provider to the CBSA. Pursuant
to the Memorandum of Understanding between
the two organizations for the operation of the
KIHC, CBSA is responsible, with the support of
CSC, for ensuring that all appropriate
arrangements with medical and health care
practitioners are in place to provide essential and
emergency health care services. The CBSA
provides funding for a nurse to respond to the
needs of the KIHC detainees. Force feeding of a
detainee who has the capacity to understand the
consequences of fasting at the time he made the
decision to fast is expressly not permitted. This is
consistent with the principle that no medical or
psychological care can be imposed without the
detanee's consent. Without providing specific
A!HRC/7/3/Add. 1
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general health status of the three detainees.
Moreover, Mohammad Mahjoub has not received
treatment for his hepatitis C since September
2006. In addition, Mr. Mahjoub and Mr. Jaballah
are particularly vulnerable to a variety of health
difficulties because they were tortured in their
country of origin.
personal information, Canada can inform the
Working Group/Special Rapporteurs that this is
not the first occasion that certain of these
detainees have undertaken a hunger strike. In fact
some of them have undertaken hunger strikes a
number of times, at both the provincial facility
where they were previously held, as well as at the
KIHC. The Urgent Appeal refers to the detainees
being on a “liquids-only” hunger strike, and as
“drinking only orange juice and occasionally clear
broth. Canada can inform the Working
Group/Special Rapporteurs that honey, soy milk,
milk and a variety of juices are provided daily. The
Urgent Appeal refers to information received that
“the authorities in charge of the Kingston
Immigration Holding Centre are not medically
monitoring the vital signs (i.e., blood pressure,
cardiac and respiratory rate) and general health
status of the detainees.” Canada assures the
Working Group/Special Rapporteurs that this
information is incorrect. In fact, the detainees have
medical and psychological care available should
they choose to access it. A nurse visits the KIHC
daily and is able to monitor the vital signs of the
detainees if they consent; licensed physicians are
also available to provide examinations and
treatment. In the past, certain or all of the
detainees have refused or obstructed
psychological assessment and medical care. Only
very recently did two of the detainees agree to a
physical examination by a doctor. Health
practitioners at the KIHC remain satisfied that all
their detainees are in good condition and that
A!HRC/7/3/Add. 1
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there is no immediate threat to their health.
Canada refers the Working Group/Special
Rapporteurs to the 15 February 2007 Federal
Court decision involving one of the detainees, Mr.
Mahjoub, in which some of the conditions of
detention, and medical care being provided, are
described. Since the conditions of detention were
only one of the factors considered by the Federal
Court in its decision to release Mr. Mahjoub, it did
not have to choose between the sometimes
conflicting evidence on the subject. For this
reason, Canada refers the Working Group/Special
Rapporteurs to the following passages of the
judgment for information purposes: paragraphs.
36-39 [ summary of affidavit of the manager of the
KIHC respecting provision of health care, and Mr.
Mahjoubs health records]; paras. 59-60 and 63-
66 [ summary of Mr. Mahjoubs testimony
concerning his health care]; paras. 76-82
[ summary of testimony of nurse in charge of
health care at the KIHC]; paras. 100-1 02 udges
consideration of conditions of detention]. The
Urgent Appeal further refers to the fact that “the
indeterminate nature of confinement and the
denial of access to an independent tribunal,
prolonged over years, might lead to serious
mental health problems and constitute ill-
treatment in violation of Article 7 of the
International Covenant on Civil and Political
Rights.” With respect, Canada objects to the
suggestion that the detainees confinement is
“indeterminate” and that they have been denied
access to an independent tribunal. The cases of
A!HRC/7/3/Add. 1
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all three men related to their prospective removal
from Canada are still before the courts; their
detention has been reviewed by the Federal Court
and maintained only because of their continuing,
present danger to national security or to the safety
of any person. With respect to the potential mental
health problems that may arise out of their
confinement, Canada reiterates that the detainees
have psychological and medical care available,
should they choose to access it. Canada is aware
of the risks to the mental health of the detainees
but considers that a certain amount of
psychological stress is an inevitable consequence
of the fact of detention. Nevertheless, it is
committed to minimizing the potenfal impact of
their confinement on the detainees. Some of the
measures implemented in that regard include the
availability of daily family visits and telephone use;
spiritual and religious services; availability of
special or religious diets on request; daily outdoor
activity in the exercise yard; daily access to an
indoor gym; shared library material; a common
room where table games may be played; personal
televisions; and medical care as described above.
Therefore, the conditions of detention - including
the access to medical care that is the subject of
the Urgent Appeal - are presently before the
Federal Court, which has indicated its availability
to deal with the matter on an expedited and
effective basis. Under an agreement with the
Government of Canada, the Canadian Red Cross
monitors the condition of people held in
immigration detention in Canada, including at the
A!HRC/7/3/Add. 1
page 39
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KIHC. The Canadian Red Cross is a neutral,
independent body that provides independent
monitoring of immigration detention facilities to
promote humane treatment in accordance with
national and international standards. Specially
trained teams conduct visits of immigration
detention facilities, which include private talks with
detainees, individually or as a group, and a
private, formal talk with the detaining authority.
Any issues or concerns about the detention
conditions are raised directly with the detaining
authorities and are not publicly disclosed. The
Canadian Red Cross has visited the KIHC three
times - in June 2006, August 2006, and January
2007. Due to the confidentiality of its arrangement
with the Red Cross, Canada cannot disclose
further details of the visits. However, generally
and as a matter of principle, any concerns that are
raised are taken seriously-and are remedied to the
furthest extent possible. Canada takes seriously
the allegations made in the Urgent Appeal. It
assures the Working Group/Special Rapporteurs
that the detainees health is being closely
monitored and they are in no immediate risk. Any
medical and psychological care
that may be required is available to them but
cannot be provided without their consent. Canada
is in full compliance with its obligations to the
detainees under international law and considers
that the allegations made in the Urgent Appeal are
unfounded.
A!HRC/7/3/Add. 1
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30.
Central
African
Republic
26/02/07
JUA
WGAD;
IJL; TOR
Colonel Bertrand Mamour. Le Colonel Mamour
aurait été arrêté le 18 novembre 2006 a Bangui
par des agents de Ia Sécurité présidentielle sans
mandat d'arrestation et pour des motifs non
manifestés. II serait actuellement détenu au Camp
de Roux, a Bangui. Le Colonel Mamour n'aurait
pas eu accès a l'assistance d'un avocat et serait
privé de tout contact avec sa famille. Le détenu
aurait egalement fait l'objet de traitements
inhumains et degradants, ayant des
repercussions immédiates et sérieuses sur son
état de sante.
31.
Chad
15/03/07
JUA
WGAD;
TOR
Ibrahim Kale Issa, ägé de 25 ans, actuellement
détenu aux locaux de Ia police chargee de Ia
surveillance du territoire. Le 6 mars 2007, M.
Ibrahim Kale aurait été refoulé vers le Tchad par
les services de Ia police de Ia France. Une fois
arrivé a l'aéroport de N'Djamena, l'escorte
policière francaise aurait remis M. Ibrahim Kale
aux mains de Ia police tchadienne. II aurait été
arrêté toute de suite et immédiatement interrogé.
Au cours de cet interrogatoire, M. Ibrahim Kale
aurait subi des violences physiques. M. Ibrahim
Kale aurait ensuite été directement conduit au
commissariat central de N'Djamena et, au bout de
quelques jours, transféré sous l'autorité de Ia
police chargée de Ia surveillance du territoire, oü ii
serait détenu a ce jour. II n'aurait pas eu accès a
un avocat. Aucune charge contre lui n'aurait été
notifiée. II ne recevrait pas de nourriture comme
les gardés a vue seraient généralement nourris
par leurs families et Ia sienne habite loin de
N'Djamena. M. Ibrahim Kale aurait été membre de
A!HRC/7/3/Add. 1
page 41
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l'Un ion des forces pour Ia démocratie et le
développement, un parti qui venait d'être créé,
depuis le mois de novembre 2006. En janvier
2007, M. Ibrahim Kale aurait été appelé a
rejoindre le siege du parti situé a l'extérieurde Ia
capitale. II aurait été arrêté, puis mis en detention
avec d'autres membres de son groupe. Trois jours
plus tard, Monsieur Ibrahim Kale aurait été
transféré au siege central des services de
renseignement, d'oü il avait pu s'enfuir et partir
vers Ia France .
Waikilaf Manuel CadIn Calfunao
(AIHRC/4/33/Add.1, par. 25, 26).
Porcarta de fecha 12/04/07, el Gobierno informO
de que el Sr. Waikilaf CadIn Calfunao
permanece en prisiOn preventiva desde el 17 de
agosto de 2006 por los delitos de secuestro,
desOrdenes pUblicos y daños calificados. El Sr.
Cad In fue trasladado desde el recinto
pen itenciario de Temuco a Ia Unidad Especial de
Alta Seguridad de Santiago, con elfin de
resguardar su salud y protegerlo de agresiones
de otros reclusos o de acciones irresponsables
del propio Sr. Cad in. El Sr. Cad in iniciO dos
huelgas de hambre entre el 9 de octubre y el 27
de diciembre de 2006. El Sr. Cadin pesaba 71,5
kilogramos al inicio de su segunda huelga de
hambre el 22 de octubre. Entre esa fecha y eli 1
de diciembre perdiO 6,6 kilogramos. Durante este
periodo el Sr. Cad in fue asistido diariamente por
el técnico para medico de turno y regularmente
por profesional medico, efectuándosele los
exámenes que en rigorse prescriben. Al dia 19
de enero de 2007 el Sr. Cad in tiene un peso de
73.1 kiloaramos. encontrándose orientado en el
32.
Chile
Follow-up
to past
cases
A!HRC/7/3/Add. 1
page 42
Chen Guangcheng (subject of previously
transmitted communications,
E/CN.4/2006/6/Add.1, para. 24, and
A/HRC/4/33/Add.1, paras. 34, 38), his wife, Ms.
Yuan Weijing, his lawyers Li Jinsong and Li
Fangping, a member of his defence team, Teng
Biao, and witnesses to his trial, Chen Gengjiang,
Chen Guangdong, Chen Guangyu and Chen
Guanghe. Notwithstanding the previous replies
of the Government, there are consistent reports
that a number of individuals involved in his trial
have been targeted by the security forces
including his wife, his lawyers, a member of his
defence team and witnesses to his trial. On 27
November 2006, Chen Guangcheng's retrial
before the Yinan County People's Court lasted
approximately 10 hours. It is reported that on 1
December 2006, he was sentenced to four years
and three months' imprisonment for “gathering
crowds to disrupt traffic” and “intentional
destruction of property”. According to reports,
Chen Guangcheng's wife, Yuan Weijing, has
been under de facto house arrest from 12 August
2005 until 25 November 2006. Since then, she
had been continuously followed by local security
personnel and persons in civilian clothes believed
to have been hired by the police. On 28
November 2006, around midday, she was
arrested by members of the Yinan County Public
Security Bureau and detained for questioning.
Their one-year-old child was also taken but was
By letter dated 14/02/07, the Government
informed that on 10 June 2006, Chen was
arrested, in accordance with the law, by the Yinan
county public security bureau in Shandong
province on suspicion of the offences of wilful age
to property and assembling a mob to disrupt the
flow of traffic and, on 21 June, he was taken into
custody with the approval of the procuratorial
authorities. On 19 August 2006, the Yinan county
people's court, meeting at first instance, found
Chen guilty of the offence of causing wilful
damage to property and sentenced him to seven
months' fixed term imprisonment; it also found him
guilty of the offence of gathering a mob to disrupt
the flow of traffic and sentenced him to serve four
years' fixed term imprisonment; the court decided
that he should serve a combined sentence of four
years and three months' fixed term imprisonment.
Following his sentencing at first instance, Chen
refused to accept the court's verdict and lodged
an appeal. The Linyi city people's high court in
Shandong province, meeting at second instance,
found that the court of first instance had restricted
Chen's right to defence (the assigned defence
counsel had not been accepted by Chen), a factor
which might have adversely influenced the
fairness of the proceedings, and, on 31 October
2006, it quashed the original judgement and sent
the case back to the court of first instance for
retrial. The allegations in the letter that we have
received that the case was sent back to the
33.
Peoples
Republic of
China
21/12/06
JUA
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tiempo y en el espacio, sin referir molestias y con
un estado de salud estable.
FRDX;
HRD; IJL;
TOR; VAW
A!HRC/7/3/Add. 1
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sent home later that day. Approximately eight
original court because there had been insufficient
hours later, Yuan Weijing, was dragged out of
evidence to convict Chen Guangcheng for the
police car and left in a barely conscious state on
offence of gathering a mob to disrupt the flow of
the side of the road near her village. She was
traffic are unfounded. On 27 November 2006,
taken to Mengyin County Menglianggu Hospital
sitting at a reconstituted bench, the Yinan county
where she was treated for extreme trauma
people's court reopened the case in open
however she was accompanied by up to 20
proceedings, Chen's brother attended the court in
policemen as an order of “residential surveillance”
the public gallery, and Chen's defence was
had been issued while she was in detention. She
conducted by the lawyers Li Fangping from the
is also suspected of the offences of “gathering
Beijing Ruifeng law firm and Li Jinsong from the
crowds to disrupt traffic” and for “intentional
Beijing Yitong law firm. During the proceedings,
destruction of property”. Furthermore it is reported
Chen's rights in litigation were fully upheld: he
that the local authorities have intimidated
exercised his own rights to defence and the
witnesses and withheld evidence in order to
lawyers appointed by him also made submissions
prejudice Chen Guangcheng's retrial. Four other
in his defence. On 1 December 2006 the court
key witnesses have been subject to police
ruled at first instance and made public its verdict:
harassment in relation to the most recent trial and
for the offence of wilful damage to property, it
were subjected to torture in order to provide false
sentenced Chen to seven months' fixed term
testimony against Mr. Chen Guangcheng in his
imprisonment and, for the offence of gathering a
previous trial. According to reports, Mr. Chen
mob to disrupt the flow of traffic, it sentenced him
Gengjiang was detained on 26 November 2006
to four years' fixed term imprisonment, ruling that
and held until after the hearing had taken place.
he should serve a combined term of four years
He was forced to sign papers in which he agreed
and three months. After sentencing at first
not to participate in the case. On the same day,
instance, Chen refused to accept the court's
Mr. Chen Guangdong and Mr. Chen Guangyu
verdict and once again lodged an appeal. The
disappeared after they had agreed to testify on
Linyi city intermediate people's court, after hearing
behalf of the defence. Later the same evening,
the case at second instance, ruled that Chen, as a
Mr. Chen Guanghe was abducted by undercover
means of giving vent to personal grievances, had
police officers as he was on his way to meet with
caused and incited others to cause wilful damage
Mr. Li Fanping regarding the upcoming trial in
to property, the amount of which was
which he was scheduled to testify the following
considerable, and that his conduct had infringed
day. He was formally arrested on 28 November
public and private ownership rights and
but his family was not informed of his arrest or his
constituted the offence of wilful damage to
A!HRC/7/3/Add. 1
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whereabouts until 3 December2006. Previously,
it is alleged that Mr. Chen Guanghe was detained
and tortured before the first trial by members of
the Yinan police in order to procure a false
confession and to testify against Mr. Chen
Guangcheng. He was convicted on the basis of
the false confession but granted a suspended
sentence. It is feared that his recent detention
may be related to the fact that that he has
submitted written testimony stating that his prior
evidence had been coerced through torture.
Members of Chen Guangcheng's defence team
have also been harassed, including his lawyers
Mr. Li Jinsong, Mr. Li Fangping and Dr. Teng
Biao. The two lawyers were apparently prevented
from interviewing witnesses and obtaining further
evidence for the retrial. On 27 November2006,
as the trial was taking place, Dr Teng Biao was
detained for five hours during which he was
pushed to the ground by six or seven policemen
who held him down while they searched him.
They also apparently searched his bags and
computer and confiscated his mobile phone.
property; it found further that Chen, with the aim of
influencing and exerting pressure on the
Government, had assembled a mob in order to
block the flow of traffic, that the circumstances of
his offence had been particularly serious, that he
had been responsible for organizing the process
of assembling a mob to block traffic, that he had
directed the operation and had served as the
ringleader and that his conduct had therefore
constituted the offence of assembling a mob for
the purpose of disrupting traffic. As the original
court judgement had been based on clear facts,
the conviction had been correct, the sentence had
been commensurate with the offence and the trial
proceedings had followed due process, the court
dismissed the appeal and ruled that the original
judgement should stand. This ruling was
published on 12 January 2007. During the
proceedings at second instance, the court also
heard the views of Chen's defence counsel and, in
accordance with the applicable evidence, found
that the facts set out in the accusation by the
procuratorial authorities and the charges brought
against the defendant were sound and accordingly
handed down the judgement referred to above. In
their conduct of the proceedings against Chen, the
public security authorities fully upheld his rights in
litigation and those of his family members, acted
in strict compliance with the law and applied the
law in a civilized manner. The proceedings in this
case were all conducted in accordance with the
law, the facts underlying the court's judgement
were clear, the evidence was ample and
A!HRC/7/3/Add. 1
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Allegations transmitted
Government response
conclusive, the sentence was commensurate with
the offence and the trial proceedings followed due
process. With regard to the allegations in the letter
which we have received to the effect that, on 30
October 2005, Chen's lawyers endeavoured to lay
charges with the Yinan county court against public
security officials from Shuanghou township for
having caused intentional bodily harm to Chen,
but that the court ignored this suit, it is our
understanding that the Yinan county court did
indeed receive an application from the lawyers to
bring charges, but because the lawyers did not
have Chen's power of attorney, following an
investigation the court determined that the lawyers
were not authorized to act for the plaintiff and
rejected the application. With regard to the
allegations in the letter to the effect that Li Jinsong
and Li Fangping filed an administrative and civil
action with the Linyi city intermediate people's
court against the Linyi city public security bureau
(including the bureau chieD and other government
agencies, it is our understanding that the court did
indeed receive such an application from the
lawyers, in December 2006, which had been sent
by expedited mail service, and that the matter is
currently being investigated and no conclusion
has been reached as yet. The allegations in the
letter that public security officials have been
harassing members of Chen's family, his lawyers
and other persons are entirely without substance.
34.
22/12/06
JUA
WGAD;
RINT; TOR
Cao Dong, a Falun Gong practitioner. On 21 May
2006, Mr. Cao Dong met with the vice-president of
the European Parliament in Beijing. Following this
A!HRC/7/3/Add. 1
page 46
Para
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Government response
WGAD;
FRDX;
TOR
meeting, he was arrested and transferred to
Gansu Province State Security Bureau Detention
Centre. On 29 September 2006, Mr. Cao Dong
was charged with “producing Falun Gong
material”. His current whereabouts are unclear
and his family has not been allowed to visit him
since the arrest. Gansu local authorities informed
Mr. Cao Dongs family that he will be on trial soon.
He has previously been placed in administrative
custody for being a Falun Gong practitioner .
Jigme Gyatso, currently detained at Qushui
Prison on the outskirts of Lhasa. Mr. Gyatso was
already the subject matter of Opinion N° 8/2000
adopted by the Working Group on WGAD on 17
May 2000. Further, the Special Rapporteur on
torture visited Mr. Gyatso at Qushui Prison on 27
November 2005 during his mission to China. Mr.
Jigme Gyatso was sentenced to 15 years of
imprisonment and five years of deprivation of
political rights by the Lhasa Municipal
Intermediate People's Court on 25 November
1996 on charges of “planning to found an illegal
organization and to seek to divide the country and
to damage its unity”. During the meeting with the
Special Rapporteur on torture, Mr. Gyatso
explained that in May 2004 his sentence was
extended by two years after shouting pro-Dalai
Lama slogans at the Tibet Autonomous Region
(TAR) Prison, upon which he was also kicked and
beaten, and shocked with electric batons. Since
meeting with the Special Rapporteur, Mr. Gyatso
has been ill-treated and held in solitary
confinement in Darticularlv restricted conditions.
By letter dated 9/03/07, the Government informed
that in November 1996, he was sentenced by the
Lhasa Intermediate People's Court to 15 years'
imprisonment and 5 years' deprivation of political
rights for the crime of seeking to divide the State.
He accepted the judgement and did not file an
appeal. In March 2004, while serving his
sentence, Jinmei Jiacuo became involved in
activities aimed at inciting separation of the State,
forwhich he was indicted by the procuratorial
authorities. On 18 May 2004 the Lhasa
Intermediate People's Court sentenced him to 3
years' imprisonment for the crime of inciting
separation of the State, to be added on to the 7
years and 27 days remaining from his original
sentence; he was thus ordered to serve a further 9
years and 27 days, with the expiry of his sentence
to fall on 30 March 2014. Jin accepted the
judgement and did not file an appeal; he is
currently serving his sentence in the Qushui
prison in Tibet Autonomous Region. According to
article 71 of the Criminal Law of the People's
ReDublic of China, if a convicted criminal. havina
35.
04/01/07
JUA
A!HRC/7/3/Add. 1
page 47
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Further restrictions have been placed upon Mr.
Gyatso regarding his monthly family visits rights
and that his health is rapidly deteriorating. Earlier
in 2006 he was hospitalized for several weeks and
is currently unable to walk normally due to a leg
injury. Also, contrary to information provided by
Mr. Gyatso during his meeting with the Special
Rapporteur on torture, Mr. Gyatso's prison term
was actually extended by three years for “inciting
splittism” following the incident at TAR Prison.
This means that Mr. Gyatso is scheduled for
release only in 2014.
been sentenced but not having served the
sentence in its entirety, commits a new crime, a
judgement shall be rendered in respect of the new
offence; taking the crime into account, the
duration of the combined punishment shall not
exceed the length of the individual sentences
taken together, nor shall it be any shorter than the
longest of the individual sentences. It was
pursuant to this provision that the Lhasa
Intermediate People's Court issued the above-
mentioned sentence in respect of Jinmei Jiacuo.
After entering prison, Jinmei Jiacuo enjoyed the
same rights and treatment as other criminals.
From November 2005, before he met with the
Special Rapporteur on the question of torture in
November 2005, until the present he has
remained in a double cell, and his conditions of
detention have not changed; there is no
substance to the allegation in the letter that “since
meeting with the Special Rapporteur [ he] has
been ill-treated and held in solitary confinement in
particularly restricted conditions”. Jinmei Jiacuo is
currently in excellent health and receives regular
visits from family members, and the allegations in
the letter that “restrictions have been placed on
[ him] regarding his ... family visits and that his
health is rapidly deteriorating” are not true.
36.
25/01/07
JAL
RINT; TOR
Organ harvesting (see also A/HRC/4/33/Add.1,
By letter dated 19/03/07, the Government
para. 40). A critical issue was not addressed in the
informed that it has carefully examined the
Government's previous responses, in particular:
It
matters referred to in the communication and, with
is reported that there are many more organ
particular attention to the request put forward in
transplants than identifiable sources of organs,
the communication that the Chinese Government
even taking into account figures for identifiable
explain the discrepancy in the number of
A!HRC/7/3/Add. 1
page 48
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Government response
sources, namely: annual estimates of executed
prisoners by whom a high percentage of organs
are donated, according to the statement in 2005
of the Vice Minister of HLTH, Mr. Huang Jiefu;
willing donor family members, who for cultural
reasons, are often reluctant to donate their organs
after death; and brain-dead donors. Moreover, the
short waiting times that have been advertised for
perfectly-matched organs would suggest the
existence of a computerized matching system for
transplants and a large bank of live prospective
donors. It is alleged that the discrepancy between
available organs and numbers from identifiable
sources is explained by organs harvested from
Falun Gong practitioners, and that the rise in
transplants from 2000 coincides and correlates
with the beginning of the persecution of these
persons. The Special Rapporteurs note reports
that on 15 November 2006, Vice-Minister Huang
reiterated at a conference of surgeons in
Guangzhou that most organs harvested come
from executed prisoners. And notwithstanding the
reported stringent criteria in place for donors,
including for those sentenced to death, the
Government informed in its response of 28
November, that voluntary donations, and
donations between relatives are the two other
legitimate sources of transplant organs. According
to the allegations, based on data from the China
Medical Organ Transplant Association, between
the years 2000 and 2005 there were 60,000
transplantations performed, or approximately
10,000 per year for six years. This period
transplants between the years 2000-2005 and the
numbers from identifiable sources of organs,
submits the following response. First, China's
annual health statistics are compiled on the basis
of categories of health disorder and not in
accordance with the various types of treatment
provided. For that reason, to date no Chinese
authority has compiled official statistics on organ
transplants for the period 2000-2005 and the
allegations in the communication that we have
received that, between the years 2000 and 2005,
60,000 transplantations were performed are
drawn from erroneous data cited in a report
compiled by two Canadians investigating
allegations of organ harvesting of Falun Gong
practitioners in China. The report claims:
“Professor Bingyi Shi, vice-chair of the China
Medical Organ Transplant Association, says there
were about 90,000 [ organ transplants] in total up
until 2005, leaving about 60,000 in the six-year
period 2000 to 2005 since the persecution of
Falun Gong began.” It has been ascertained that,
in January 2007, during an interview with the
BBC, Professor Shi Bingyi expressly clarified that
on no occasion had he made such a statement or
given figures of this kind, and these allegations
and the related figures are pure fabrication. Given
the above situation, the so-called “discrepancy”
referred to in the communication that we have
received does not make sense. In addition, from
the point of view of medical science, during a
person's lifetime that person may express the
wish to donate one or more organs after his or her
A!HRC/7/3/Add. 1
page 49
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Government response
coincides with the alleged rise in the persecution
death, so it is not possible to estimate the number
of Falun Gong practitioners. In 2005, it is reported
of organ donors on the basis of a one-to-one
that only 0.5% of total transplants were accounted
correlation with the number of organ transplants.
for by donations by relatives; non-relative brain
Second, as a State member of the World Health
dead donors were around nine in 2006; and
Organization (WHO), in carrying out organ
estimates—given that the Government does not
transplants China unswervingly respects the WHO
make public statistics on executions—for 2005
Guiding Principles on Human Organ
indicate 1770 executions were carried out, and
Transplantation of 1991, strictly prohibits the
3900 persons sentenced to death. It is alleged
buying and selling of human organs and insists on
that the discrepancy between the number of
the principle that donations of human organs may
transplants carried out and the number of
only be made on a purely voluntary basis, with the
available sources is made up from the harvesting
prior written agreement of the organ donor. On 1
of organs from Falun Gong practitioners.
July 2006, the Chinese Government promulgated
However, it is also reported that the true number
its interim provisions on the clinical application
of executions is estimated to be around 8,000 to
and management of human organ transplantation,
10,000 per year, rather than the figure of 1770
reaffirming that human organs may not be bought
executions referred above. As the Special
or sold; that medical establishments may only use
Rapporteur on torture recommended in his report
transplanted human organs with the written
on his visit to China, he reiterates that the
agreement of the donors; that donors have the
Government (E/CN.4/2006/6/para. 82,
right at any time prior to transplantation to refuse
recommendation q) should use the opportunity of
donation of their organs; that medical
the restoration of the power of review of all death
establishments conducting human organ
sentences by the Supreme People's Court to
transplantation must be properly equipped to be
publish national statistics on the death penalty. A
able to ensure the quality and safety of medical
full explanation of the source of organ transplants
treatment; and that ethical principles must be
would disprove the allegation of organ harvesting
respected. The aim of these provisions is to
of Falun Gong practitioners, particularly if they
standardize and strengthen the clinical application
could be traced to willing donors or executed
and management of human organ transplantation,
prisoners. The request for an explanation for the
and to ensure the quality and safety of medical
discrepancy in the number of transplants between
treatment. In China, it is categorically prohibited to
the years 2000 to 2005 and the numbers from
coerce persons sentenced to death into donating
identifiable sources of organs is reiterated.
their bodies or organs or for their bodies or organs
to be resold for profit. The organs and bodies of
A!HRC/7/3/Add. 1
page 50
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people sentenced to death may only be used in
strict compliance with the relevant regulations.
Primary among these are the following: (a) they
may only be used with the prior written agreement
of the prisoners themselves and of their family
members; (b) they may only be used with the
approval of the health authorities at the provincial
level and of the provincial high court; and (c) units
using such organs or bodies must secure the
approval of the health authorities at the provincial
and higher level and must be properly equipped to
conduct the applicable medical research or to
carry out the relevant transplantation surgery.
Although China has strict prohibitory regulations in
place relating to organ transplants, it is still hard to
put a stop to certain unlawful practices. As soon
as the relevant administrative bodies discover and
verify that such unlawful activities are being
conducted, the necessary action is taken to
punish them in accordance with the law. Currently,
regulations on the transplantation of human
organs, as drafted by the Ministry of Health, have
been issued and submitted to the State Council
for its consideration and the State Council is
soliciting the views of relevant Chinese and
foreign experts and of WHO on the content of the
draft text. It is our belief that the formulation of
these regulations will help set in place a more
standardized system for the management of
human organ transplantation. Third, in order to
ensure optimal use of the limited sources of
organs, by drawing on current international
practice, the relevant departments are currently
A!HRC/7/3/Add. 1
page 51
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Government response
giving close attention to the formulation of laws
and regulations governing transplantation of
human organs, exploring the creation of a human
organ transplantation allocation system and
applying the same organ allocation principles as
WHO, the United States of America, the European
Union and other bodies. It must be noted that the
allegation in the report by the United Nations
Special Rapporteur that China has “a
computerized matching system for transplants” is
inaccurate. To date, there is no institution in China
responsible for coordinating and allocating organs
and no network system in this area, nor does it
have a live organ donor base and is not likely to
establish such a donor base in the foreseeable
future. Currently, the sourcing of organs and
surgical operations involving organs are the
responsibility of medical institutions. Fourth, the
Chinese Government wishes to draw the Special
Rapporteur's attention to the following fact: the
situation and the figures alleged in the
communication that we have received are merely
the product of agitation by Falun Gong;
furthermore, most of them have already been
revealed to be unfounded rumours.
37.
31/01/07
JUA
WGAD;
Jamyang Gyatso, a monk at Bora Monastery in
By letter dated 23/03/07, the Government
FRDX;
Xiahe, Northwest Gansu. On 8 January 2007, Mr.
informed that on 9 January 2007, in accordance
RINT;
Jamyang Gyatso was arrested by plain-clothed
with the law, he was placed under investigation by
HRD; TOR
security officials outside Bora Monastery in Xiahe.
the State security authorities, on suspicion of
Officials at the monastery later discovered that Mr.
having conducted unlawful acts which endangered
Jamyang Gyatso's room had been searched and
State security. In the course of the investigation
that a bag full of religious scriptures, including
Gyatso confessed in full to having committed the
CD's, had been removed. Several calls made to
offence of incitement to separatism. On 3
A!HRC/7/3/Add. 1
page 52
Ablikim Abduriyim (subject of previously
transmitted communications
(E/CN.4/2006/95/Add.1, para. 85 and
A/HRC/4/37/Add.1, para. 152). He is currently
being detained at Tianshan Detention Centre in
Urumchi, Xinjiang Uighur Autonomous Region
(XUAR). Mr. Abduriyim was arrested on 13 June
2006, along with his brothers Mr. AIim Abduriyim
and Mr. KaharAbduriyim. Subsequently, Mr.
Ablikim Abdiriyim was subjected to prolonged
interrogations and beatings whilst awaiting trial.
As a result of this treatment and the detention
conditions, he is suffering from ill health. However,
he is being denied access to medical treatment.
He has also been prevented from wearing warm
clothes provided by his family. Furthermore, on
26 November 2006, Mr. Ablikim Abduriym was
seen being carried out of Tianshan Detention
Centre on a stretcher. On 28 January 2007, Mr.
Abduriyim was charged and tried with “subversion
of state power, “ethnic separatism” and “sending
information over the Internet to Ms. Kadeer.
By letter dated 17/07/07, the Government
informed the on 13 June 2006, he was taken into
custody. The Urumchi city people's procurator's
office in the Xinjiang Uighur Autonomous Region
laid charges against the defendant Ablikim
Abdureyim for the offence of incitement to
separatism and instituted proceedings against him
with the Urumchi city people's intermediate court.
On 17 April 2007, the Urumchi city people's
intermediate level court handed down its
judgement and published its verdict: pursuant to
the provisions of article 103, paragraph 2, article
56, article 55, paragraph 1, and article 106 of the
Criminal Code of the People's Republic of China,
Ablikim Abdureyim was sentenced to nine years'
fixed term imprisonment and stripped of his
political rights for three years, for the offence of
incitement to separatism. In the course of this
case, the courts, in accordance with the law,
safeguarded Ablikim Abdureyim's lawful rights.
Ablikim Abdureyim did not appoint defence
counsel, nor did he request the court to assign a
defence lawyer on his behalf. Article 34 of the
Chinese Code of Criminal Procedure provides
that, “if a defendant is blind, deaf or mute, or is a
minor, and has not appointed defence counsel,” or
“could be sentenced to death, but has not
38.
13/03/07
Para
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Date
Type
Mandate
Allegations transmitted
Government response
the listed number for the local police were
dismissed as a wrong number, or the recipient
hung up when enquiries were made as to Mr.
Jamyang Gyatso's whereabouts. Mr. Jamyang
Gyatso is currently being detained at an unknown
location.
February, the Chinese security authorities ordered
that he be placed under restricted freedom of
movement, on his own recognizance, pending
trial.
JUA
FRDX;
HRD; TOR
A!HRC/7/3/Add. 1
page 53
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Government response
appointed defence counsel, the people's court
shall designate a lawyer to undertake the duty of
providing legal assistance”. As in this case there
was no duly appointed defence counsel, as
stipulated by law, thus during the trial at first
instance there was no defence counsel
participating in the proceedings. During the trial,
the defendant Ablikim Abdureyim made a full
confession to having perpetrated a criminal
offence. Three days before the trial opened, the
court of first instance, as prescribed by law,
posted an advance announcement of the date and
venue of the trial on the bulletin board and notified
the procuratorial authorities and the defence
thereof. Following the proceedings at first
instance, Ablikim Abdureyim did not lodge an
appeal and the judgement has since become
enforceable. During the period over which Ablikim
Abdureyim has been held in custody, the Chinese
public security authorities have conducted all
proceedings in strict compliance with the law and
there have been no instances of intimidation,
excessively long custody, use of torture to extract
confessions or other such practices being used
against him.
39.
29/03/07
JUA
WGAD;
Ms. Liang Wenjian, aged 39, her husband, Lin
By letter dated 30/04/07, the Government
TOR
Zhiyong, aged 40, Ms. Li Dongmei, Wang He,
informed that on 10 February 2007, the five
Wu Jiangyan, and three other persons whose
persons named above colluded with others to
identities have yet to be established. All eight
form an unlawful gathering. Acting in accordance
individuals were arrested on 10 February 2007 by
with the law, the public security authorities
around ten plain-clothed police officers for
apprehended these persons, and, at the site of the
participating in an illegal gathering at the
gathering, seized a large quantity of Falun Gong
residence of Liang Wenjian. The police also
publicity materials and equipment for the
A!HRC/7/3/Add. 1
page 54
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Government response
searched their home and confiscated Falun Gong
literature and a computer. About one month later
seven of the eight individuals mentioned above
were assigned to two years of “Re-education
through Labour” (RTL) in connection with their
Falun Gong activities without formal charges, trial
or any other judicial process. One person, an
elderly woman whose identity has yet to be
established, was assigned to one and a half years
of “RTL”. All eight persons are currently being
detained at Panyu detention centre in Guangzhou
city, Guangdong province, awaiting transfer to an
“RTL” camp. Their families have not been notified
of their orders of detention and have not been
allowed to visit them. Liang Wenjian had
previously been assigned to “RTL” at Guangzhou
Chaitou Xiaodao from February 2000 to April
2001. During this period she was subjected to ill-
treatment. She was hung up by her wrists so that
her feet could barely touch the ground for two
hours for practicing Falun Gong in detention.
Liang Wenjian was also required to work for up to
14 hours per day to make artificial flowers.
preparation of such materials. On 11 March, the
labour re-education committee of Guangzhou city
government in Guangdong province, in
accordance with the law, ordered four of the
persons, namely, Liang Wenjian, Lin Zhiyong,
Wang He and Wu Jiangyan, to serve terms of two
years' labour education, to run from 10 February
2007 to 9 February 2009; Li Dongmei, Li Qinghua
and Zhu Yubiao were ordered to serve terms of
one year and six months' labour re-education, to
run from 10 February 2007 to 9 August 2008; and
Yu Baozhu was ordered to serve a term of one
year and three months' labour re-education, to run
from 10 February 2007 until 9 May 2008. On 22
March 2007, Liang Wenjian, Li Dongmei, Wu
Jiangyan, Yu Baozhu and Li Qinghua were
admitted to the Chaitou labour re-education facility
and Lin Zhiyong, Wang He and Zhu Yubiao to
labour re-education facility No. 3 in Guangzhou
city to serve their respective terms of labour re-
education.As has been ascertained, the eight
persons named above, in common with other
persons undergoing labour re-education, are
accommodated in living quarters holding three to
five persons per room, and there is no question of
their being held in solitary confinement. In
addition, they are able to receive visits from
members of their families once per month. The
Chaitou labour re-education facility and labour re-
education facility No. 3 in Guangzhou city
instructed the eight persons to write to their
families, notifying them of the location of their
particular labour re-education facility. On 28
A!HRC/7/3/Add. 1
page 55
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Government response
March, Lin Zhiyong's parents and younger brother
came to labour re-education facility No. 3 in
Guangzhou city to visit him and, on the afternoon
of that same day, went to Chaitou labour re-
education facility to visit Liang Wenjian. The
allegation in the communication that we have
received that “their families have not been notified
of their orders of detention and have not been
allowed to visit them”, and that they are being held
in incommunicado detention and subjected to ill-
treatment, are unfounded. Liang Wenjian
underwent a period of labour re-education from
December 1999 to April 2001 in the Chaitou
labour re-education facility. During that period, the
labour re education authorities dealt with her, in
accordance with the law, in a civilized manner and
there were no instances of her being required to
perform overtime work or excessive physical
labour, or being subjected to corporal punishment.
Furthermore, as she demonstrated that she had
responded well to re-education, on 25 April 2001
the labour re-education facility arranged for her to
complete her term outside the facility. The legal
basis for the labour re-education order served on
the eight persons named above is provided by the
Chinese State Council directive on labour re-
education and the Council's proposed modalities
for labour re-education approved by the Standing
Committee of the National People's Congress.
The eight persons in question were ordered, in
accordance with the law, to serve terms of labour
re education for disrupting social order and their
“arrests and detention” are not, as alleged in the
A!HRC/7/3/Add. 1
page 56
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Government response
communication which we have received, “solely
connected with their legitimate exercise of the
right to freedom of religion or belief'.According to
the relevant regulations, if persons undergoing
labour re-education do not accept the labour re-
education order served on them, they may, within
a period of 60 days of the date of receipt of the
written order, apply to the Guangzhou city
people's government or to the Guangdong
provincial labour re-education management
committee for administrative review of the order,
or, within a period of three months of the date of
receipt of the written order, lodge an
administrative appeal directly with the people's
court. As has been ascertained, Wu Jiangyan and
Liang Wenjian separately submitted applications
for administrative review, on 3 April and 6 April
respectively. The labour re-education authorities
duly referred their applications for administrative
review to the relevant department, on 4 April and
7 April respectively.
40.
10/05/07
JAL
HOUS;
Ms. Mao Hengfeng (subject of previously
By letter dated 15/08/07, the Government
HRD;
IJL;
transmitted communications, e.g.
informed that on 16 April 2007 she was sentenced
TOR
A/HRC/4/33/Add.1, para. 32). Prior to her trial on
by the Yangpu district people's court to two years
16 April 2007, she was detained in a small cell in
and six months' fixed-term imprisonment for the
which the floor was covered with excrement with
offence of causing malicious damage to property,
the smell preventing her from sleeping. Reports
to run from 30 May 2006 to 29 November 2008.
also claim that prison guards had covered the only
She is currently serving her sentence in the
window in the cell. Ms Hengfeng's current
Shanghai women's prison. Upon being admitted to
conditions of detention are unknown.
prison, Mao underwent a physical examination
which showed that, apart from an inclination to
high blood pressure, all other indications were
within the normal range. Mao is currently sharing
A!HRC/7/3/Add. 1
page 57
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Government response
Chen Guangcheng (subject of previously
transmitted communications, see above). On 16
June 2007, several fellow prisoners were ordered
by the prison guards to beat him. As a result of
the beatings, one of his ribs broke and he suffered
from severe pain in the chest area. He was denied
medical treatment. That same day, he began a
hunger strike to protest against the beatings and
the lack of medical treatment. The beatings were
aimed at punishing him for having requested to
file an appeal with the provincial high court. Being
blind from birth, Mr. Chen Guangcheng needs the
assistance of a lawyer to draft an appeal, but is
now unable to do so, since he is has not been
allowed to meet with him for more than 30
minutes er month.
a cell with two other women prisoners, she has
not been sent to the punishment cells nor has she
been placed in solitary confinement. Her eating
and sleeping arrangements are normal. With
regard to the issue of appeal, to date Mao has not
submitted any written application, nor has she
applied to see her lawyer, so there is no case here
of the prison not allowing her to lodge an appeal.
The prison officers, acting in accordance with the
law, treat the prisoners in a civilized manner. Mao
enjoys her rights on the same footing as the other
prisoners, including the right to health and the
right to appeal. The allegation that Mao has been
subjected to ill-treatment is not supported by the
facts.
41.
27/06/07
JUA
HRD; IJL;
TOR
A!HRC/7/3/Add. 1
page 58
HOUS;
HRD; TOR;
VAW
Ms. Mao Hengfeng (subject of previously
transmitted communications, see above). On 15
May 2007 at approximately 6 a.m., she was
transferred from the police detention centre to
prison. She was given inadequate clothing which
left her virtually naked. When she protested this
treatment, she was beaten by police officers and
placed in solitary confinement upon her arrival at
the prison. Ms. Mao Hengfeng embarked upon a
hunger strike as a gesture of protest against her
situation. She was subsequently subjected to
forced feeding on three occasions by prison
guards who tied her hands and forced a tube
down her throat. She was placed under constant
surveillance by inmates that had been assigned
the task by prison guards. They were also ordered
to harass and verbally abuse her. Ms. Mao
Hengfeng is currently in poor health, suffering
from high blood pressure and arthritis. These
conditions are further aggravated by her
inadequate living conditions. She has neither
been provided with a chair, nor a bed. She has no
choice but to lie on the floor, often in cold and
damp conditions. Ms. Mao Hengfeng was visited
by her husband on 28 June 2007. At this time her
husband reported her ill-treatment and requested
that the prison officials grant her lawyers access
to visit her in order to prepare for her upcoming
appeal.
42.
12/07/07
JUA
Para
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Date
Type
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Allegations transmitted
Government response
43.
27/07/07
JUA
HOUS;
Zheng Enchong, a human rights lawyer (subject
By letter dated 18/12/07, the Government
HRD; TOR
of a previously transmitted communication,
informed that the allegations in the letter that “on
A/HRC/4/37/Add.1, para. 151), and his wife
Ms.
24 July 2007 at approximately 7.30 a.m., Mr.
Jiang Meili, Shanghai. On 24 July 2007 at
Zheng Enchong went to the Shanghai Municipal
A!HRC/7/3/Add. 1
page 59
Para
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approximately 7.30 a.m., Mr. Zheng Enchong
went to the Shanghai Municipal Higher People's
Court with his wife to register to attend the trial of
Mr. Zhou Zhenghyi, a property developer. On their
arrival at the courthouse they were surrounded by
six police officers. Mr. Zheng Enchong was
knocked to the ground, and they dragged him
along the ground and beat him for almost an hour.
Mr. Enchong sustained injuries to his left hand in
the course of the assault which was witnessed by
hundreds of residents in the vicinity. The police
officers forced Mr. Zheng Enchong and his wife
into a taxi and were driven to his sister-in-law's
house, where they were met by five police
vehicles and more than 30 police officers who
prevented them from leaving.
Higher People's Court ..., in order to registerto
attend the trial of Mr. Zhou Zhengyi”, that he was
dragged 200 metres along the ground by six
police officers, and subjected to an assault which
lasted for one hour and that he was then forced to
leave, and that, on that same day, at
approximately 9 a.m “more than 50 displaced
residents ... presented themselves ... in order to
attend the trial of Mr. Zhou Zhengyi” but that
“security guards and police officers prevented
them from entering the building” are simply not
true. Enquiries have shown that the second
division of the Shanghai city people's procurator's
office only filed charges against Zhou Zhengyi
with the Shanghai people's intermediate court on
17 August 2007: thus it was not possible for
anyone to have attended the trial at the Shanghai
people's high court on 24 July. The six persons
named in the letter are not to be found among the
judicial police of the Shanghai people's high court.
At about 9 a.m. on 24 July, dozens of people
claiming to be forcibly relocated residents from
“Dongbakuai” (“Lot East 8”) demanded to attend
the trial of Zhou Zhengyi. But following a perusal
of the schedule of court hearings, and
confirmation and notification that the Shanghai
people's high court was not holding any hearings
that day, the people that had gathered promptly
withdrew, no one tried to gain entry to the court
and the security guards and police did not need to
take any preventive action.
A!HRC/7/3/Add. 1
page 60
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44.
29/08/07
JUA
WGAD;
TOR
Adruk Lopoe, a 45-year-old Tibetan monk of
Lithang Monastery. On the evening of 21 August
2007, he reported to the public security bureau
and was subsequently arrested without warrant
and taken to an unknown location. He is the
nephew of Ronggye A'drak, who was the subject
of a communication transmitted on 14 August
2007. Adruk Lopoe, had publicly campaigned for
his uncle's release. In the evening of 21 August
2007, two of Mr. Lopoe's cousins were also
arrested in Yonru Kharshul village, Ponkar
township, Lithang county, but later released.
By letter dated 20/11/07, the Government
informed that on 22 August 2007 he was taken
into criminal custody, in accordance with the law,
by the Lithang county public security authorities
on suspicion of having unlawfully gathered State
secrets and having then transmitted these secrets
to persons or bodies outside the country. On 12
September, in accordance with the provisions of
paragraph 111 of the Criminal Code of the
People's Republic of China, his arrest was
approved by the Garzê prefecture people's
procuratorate and he is currently being held at the
Garzê Prefecture detention centre. Inquiries have
established that, in their handling of this case, the
public security authorities were not culpable of any
acts of torture. After being placed under measures
of restraint by the public security authorities,
Andruk Lopoe did not submit any complaints to
the relevant judicial bodies. His case is currently
still at the preliminary investigation and pretrial
inquiry stage, in accordance with the law, and has
not yet been handed over to the procurator's
office.
45.
28/09/07
JUA
HRD; IJL;
TOR
Gao Zhisheng (subject of previously transmitted
communications, e.g. A/HRC/4/33/Add.1, para.
41). On 22 September 2007, he was taken from
his apartment in Beijing by plain-clothed
policemen. His whereabouts remain unknown and
concern is expressed that he is being held in
incommunicado detention. Mr. Gao's arrest is
directly related to an open letter he sent to the
United States Congress last week expressing his
deep concerns over the deterioration of the
By letter dated 18/12/07, the Government
informed that he recently left Beijing to travel
abroad to visit relatives on family business and he
has been able to move freely and to communicate
by letter without any impediment. The allegations
in the communication which we have received to
the effect that, because of an open letter which he
sent, he has been taken from his home and is
being held in incommunicado detention are not
consistent with the facts.
A!HRC/7/3/Add. 1
page 61
46. 03/10/07 JAL IJL; TERR; Husein Dzhelil, an ethnic-Uighur of Canadian
TOR nationality. On 19 April 2007, he was sentenced to
life imprisonment for “plotting to split the country”
and to 10 years' imprisonment for joining a
“terrorist organization.” These sentences were the
result of an unfair trial and based on a confession
extracted through torture. The High People's
Court of Xinjiang Uighur Autonomous Region
(XUAR) denied Mr. Dzhelil's appeal, assessing
that the facts were clear, and that the evidence
was reliable and adequate. During the trial, the
court-appointed lawyer did not make any
statements on behalf of Mr. Dzhelil. In relation to
Mr. Ismail Semed (subject of a previously
transmitted communication, A/HRC/4/33/Add .1,
para. 35), the Government's reply stated that the
case is still under consideration. It is regretted that
no information was provided in relation to the
allegations of torture, especially in light of recent
information that Mr. Semed was executed on 8
February 2007, for offences of attempting to split
the country and possession of firearms and
explosives.
Para
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Type
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human rights situation in China ahead of the 2008
Beijing Olympics. The police had previously
threatened Mr. Gao with jail if he released any
more open letters or statements.
A!HRC/7/3/Add. 1
page 62
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47. 09/10/07 JUA HOUS; Zheng Dajing, a petitioner and human rights
WGAD; defender. He was arrested and detained on 9
FRDX; September 2007 by officials of the public security
HRD; TOR bureau of Shiyan city, Yunxi county, Hubei
province, on criminal charges of “petitioning
leading to disturbance of social order.” Mr. Zheng
was believed to be held at the Yunxi Detention
Centre, however, on 18 September 2007 it
appeared that he is being detained at Yancao
Station in Hongtai Yuansigou village, where he
has been beaten and subjected to other forms of
ill-treatment. Yancao Station is an unofficial
detention facility established by local authorities
for the purpose of detaining petitioners. Local
government authorities allege that Yancao Station
is in fact merely a “class for petitioners who have
adopted unusual means to petition” and was set
up following directives of the central government.
Before Mr. Zheng was arrested he had been
forcibly returned from Beijing to his hometown on
7 September2007 by unidentified officials
believed to be from Hubei province. In Beijing he
had met with other petitioners and received
information about the destruction of a village
where other petitioners were living.
48.
24/10/07
JUA
TOR;
C. K., T. K., D. T., and G., all aged 15, and
WGAD
belonging to nomad families. On 7 September
2007, they were arrested in Amchok Bora village,
Xiahe county, Gansu province, on suspicion of
writing political statements on the walls of a local
police station. They are detained at Xiahe county
Detention Centre. They were arrested together
with about 36 other students, who have since
A!HRC/7/3/Add. 1
page 63
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TOR;
HOUS;
HRD; VAW
been released. Parents of two of these boys had
paid fines of 2000 Yuan each and pledged that
their sons would never leave the country or ever
again engage in any form of political activity. The
boys were initially held at a police station in
Amchok Bora and allowed to see their families
before plain-clothed officers believed to be state
security agents transferred them to the city of
Xiahe, Xiahe county. All were beaten during or
shortly after the arrest, one of whom sustained
head injuries and had to be hospitalised in Xiahe
county.
Ms. Mao Hengfeng (subject of previously
transmitted communications, see above). On 13
September 2007, prison authorities ordered a
fellow inmate to beat her for punishment for
revealing that she had been held in solitary
confinement for 70 days in July and August 2007,
in violation of Article 15 of the Chinese Prison
Law, which stipulates a maximum of 15 days for
solitary confinement. Ms. Mao was badly bruised
as a result of the beating. On 24 September 2007,
prison authorities sent her to Nanhui Prison
Hospital. She previously refused to undergo a
medical examination for fear that she would be
forcibly injected with drugs, as had happened
when she was held in a psychiatric institution in
the 1980s. At the hospital, her clothes were
removed and she was tied to a bed and force-fed
by other inmates. Ms. Mao's husband was
prevented from visiting her at Shanghai Women's
Prison until 26 October2007. During his
suDervised visit. Ms. Mao was reDeatedlv silenced
49.
5/11/07
JUA
A!HRC/7/3/Add. 1
page 64
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by prison guards when she attempted to inform
him of having been force-fed.
50.
Follow-up
to past
cases
Shi Xing-wu (EICN.412006161Add.l, para. 25).
By letter dated 18/04/06, the Government
informed that on 2 November 2001 Wu Zeheng
was sentenced by the Beijing Supreme People's
Court to 11 years' imprisonment (from 21 July
1999 to 30 July 2010) and deprived of his political
rights for two years for the crime of illegal
business operations and unauthorized floating of
stocks. He is currently serving his sentence in the
Huaiji Prison in Guangdong Province. A physical
examination conducted afterWu entered prison
yielded a positive reaction for tuberculosis. As a
carrier of the tuberculin bacillus, he was treated
with medication and was cured; he did not
“suffer...from a fever of 40.2 Celsius”, and his
health is now normal. After entering prison Wu
was able to visit with family members for the time
prescribed by regulation, and he received more
than 80 letters and six parcels. He has submitted
written appeals to the National People's Council
and to judicial bodies, which the prison authorities
always transmit promptly. Like other criminals, Wu
works eight hours a day; on no day does he ever
work more than 13 hours. Wu has never been
placed in solitary confinement, and the room
where he is detained has a surface area of 26.4
square metres and has excellent light and
A!HRC/7/3/Add. 1
page 65
Para
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Type
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Allegations transmitted
Government response
ventilation. Wu's legitimate rights and interests are
guaranteed in accordance with the law. An
investigation has revealed that there is no one in
any Chinese prison by the name of Shi Xingwu.
51. Mao Hengfeng (A/HRC/4/33/Add.l, para. 32). By letter dated 18/04/06, the Government
informed that on 28 December 2005, a group of
more than 60 people including Mao Hengfeng,
Sun Xicheng and He Guoguang gathered about
the flagpole at Tianmen Square to cause trouble,
disrupting the normal order of the Square. Acting
pursuant to article 34 of the Regulations on Public
Security Administration Punishment, the Shanghai
public security authorities lawfully issued a public
order summon to Mao and others. During this
process, the Shanghai public security authorities
never employed any kind of coercive measures in
respect of anyone, nor did any instances of
beating occur. Moreover, there is no Yangpu
District dispatch station in Shanghai. On 15
December 2005, Zhou Xiudi, Chen Zonglai, Wu
Yuping and Jin Huijun convened more than 30
persons to assemble at the entrance of Shanghai
Municipal Government in order to cause trouble
and create a public disturbance; despite efforts to
educate and negotiate with them, they refused to
disperse, severely disrupting the normal order of
State organs. Acting pursuant to article 19 of the
Regulations on Public Security Administration
Punishment, the Shanghai public security
authorities punished Zhou and others by placing
them in administrative detention for 15 days.
Careful checking has revealed that during the
Deriod from 22 to 28 December 2005 no coercive
A!HRC/7/3/Add. 1
page 66
Para
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Type
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measures of any kind were taken by the Shanghai
public security authorities in respect of Ma Yalian.
In dealing with the above cases, the relevant
authorities strictly complied with their obligations
under the Convention against Torture and acted in
accordance with domestic legislation; there was
no instance of beating or any other from of ill-
treatment.
52.
Bu Dongwei (also known as David Bu)
(A/HRC/4/33/Add.1, para. 42).
By letter date 28/11/06, the Government informed
that in July 2000, Bu was ordered to serve a term
of one year's labour re-education for using a
heretical cult to disrupt law and order. On 13 June
2006, Bu was ordered by the Beijing city labour
re-education committee to serve a further two and
a half years' labour re-education, to run from 19
June 2006 to 18 November 2008, for using a
heretical cult to disrupt law and order. Bu is
currently serving this term in the Tuanhe labour
re-education facility in Beijing. Inquiries have
established that, while being held in the Tuanhe
labour re-education facility, Bu has not been
subjected to any ill-treatment. The accusations in
the letter that we have received that he was
beaten by the police in the labour re-education
facility and subjected to sleep deprivation are
without substance. The Chinese labour re
education facility operates a strict management
system, under which the ill treatment of inmates
undergoing labour re-education is categorically
prohibited, and any persons disobeying this rule
shall be punished in accordance with the law.
Within the labour re-education facilities there are
procuratorial representatives, specializing in
A!HRC/7/3/Add. 1
page 67
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Type
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Allegations transmitted
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supervision of the conduct of law-enforcement
activities by the police in the labour re-education
facility. As to the question whether Bu lodged an
appeal or whether an appeal was lodged on his
behalf by a representative, Chinese laws and
regulations stipulate that persons undergoing
labour re-education may, within 60 days of receipt
of the labour re-education order, submit an
application for administrative review to the local
government office that issued the order or, within
three months of receipt of the labour re-education
order, lodge an administrative appeal directly with
the local people's court. This right is explicitly
stated in the labour re-education order that was
issued to Bu. On 5 May, Bu presented a power of
attorney to the people's police in the labour re
education facility, naming his wife as his legal
representative in dealing with all matters relating
to his application for administrative review. The
Chinese Government wishes to draw the attention
of the Special Rapporteur to the fact that Falun
Gong is not a religion, nor is it a spiritual
movement. It is an anti-scientific, anti human, anti-
social cult. Falun Gong poses a serious menace
to Chinese society, leading great numbers of its
duped followers to cause harm to themselves, and
even to take their own lives. The Chinese
Government conducts patient persuasive
counselling and educational work among rank-
and-file Falun Gong practitioners, fully upholds all
their rights and helps them return to their normal
lives. A small number of Falun Gong practitioners
receive punishments in accordance with the law,
A!HRC/7/3/Add. 1
page 68
Para
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Type
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Allegations transmitted
Government response
but this is not because of their opinions or belief: it
is because their activities have breached the law,
harming the interests of the State, society and
individuals. In the course of the present case, the
relevant departments have strictly observed due
process and have guaranteed the exercise by the
parties involved of their lawful rights and interests.
53.
Gao Zhisheng (A/HRC/4/33/Add.1, para. 44).
By letter dated 12/02/07, the Government
informed that on 15 August 2006, he was placed
under investigation by the Beijing public security
authorities, in accordance with the law, on
suspicion of the commission of a criminal offence,
and, on 21 September, his arrest warrant was
approved by the procurator's office. Beijing
people's procurator's office No. 1 laid charges
against Gao for the offence of fomenting
subversion of the authority of the State and
initiated proceedings against him with Beijing
people's intermediate court No. 1. On 22
December 2006, the Beijing city people's
intermediate court No. 1 ruled that Gao's conduct
constituted the offence of incitement to subversion
of the authority of the State, but in view of his
meritous conduct denouncing the offences of
other culprits, decided, in accordance with the law,
that his penalty should be rendered more lenient
and to reduce it below the statutory level. Thus, he
was sentenced to three years' fixed term
imprisonment, to be suspended for five years, and
stripped of his political rights for one year. After
the court handed down its judgment at first
instance, Gao declared himself willing to accept
the verdict and did not lodge an appeal. The
A!HRC/7/3/Add. 1
page 69
Para
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Type
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Allegations transmitted
Government response
judgment has since become enforceable. In the
course of the proceedings against Gao on the
charge of incitement to subversion of the authority
of the State, the public security authorities fully
upheld his rights in litigation and those of his
family and conducted the proceedings in strict
compliance with the law, applying the law in a
civilized manner. Three days before proceedings
opened in this case, the court of first instance, in
accordance with the stipulation of the law, notified
the procurator's office and the defence counsel
and published in advance the dates and venue of
the trial. When the court rendered its judgment,
Gao's family were present in the public gallery.
When serving papers on Gao, the court expressly
informed him of his rights in litigation to appoint a
lawyer to conduct his defence. Gao indicated that,
as he was himself a lawyer, he did not need to
assign a lawyer and he did not agree to his family
appoint one for him. For that reason, the lawyers
from the Mo Shaoping law firm, appointed by his
brother, were unable to act in his defence. Under
these circumstances, the court decided, in order
to ensure Gao's rights in litigation were fully
upheld, that it should appoint two lawyers to
defend him, and Gao agreed to this appointment.
In the course of the trial, in addition to conducting
his own defence, Gao also received full defence
services from his defence lawyers. The allegations
that the police harassed Gao's family members
and others are unfounded.
54.
Zhang Hongwei (A/HRC/4/33/Add.1, para. 45).
By letter dated 26/02/07, the Government
informed that on 20 January 2001, Mr. Zhang was
A!HRC/7/3/Add. 1
page 70
Para
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Allegations transmitted
Government response
sentenced to 13 years' fixed-term imprisonment
by the Fangshan district people's court in Beijing
for the offence of using a heretical sect to engage
in criminal activities and stripped of his political
rights for 3 years. He is currently serving his
sentence in Jilin city penitentiary in Jilin province.
In December 2005, when undergoing a health
check-up in prison, Zhang was found to be
suffering from tuberculosis, but he maintained his
firm conviction that, as a Falun Gong practitioner,
when he fell ill he should not take any medicine or
receive any injections, and that, as he himself was
a disciple of the “dafa” - the major law, the
master's “dharma body” would protect and save
him, and for these reasons he refused medical
treatment. In February 2006, the prison
management found that his condition had taken a
turn for the worse, and only after being repeatedly
advised and encouraged did he agree to receive
treatment. While in hospital, Zhang received
meticulous medical treatment and nursing care;
his condition has now clearly improved and in
clinical terms, he has been cured of his illness. He
has undergone two medical examinations by Jilin
City Central Hospital and showed no symptoms of
fever; his breathing was smooth; both lungs free
of rales; his heart rate normal and heartbeat
regular and without murmur; his blood routine,
eryth rocyte sedimentation rate and myocardial
enzyme count all normal; and his ECG normal.
The results of a frontal chest X-ray show a
calcification focus in the right pulmonary field.
Zhang's family members enquired as to whether
A!HRC/7/3/Add. 1
page 71
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Incidentes ocurridos con motivo de una serie
de manifestaciones (A/HRC/4/33/Add.1, parr.
48).
he could be released for medical treatment
outside the facility; the prison authorities deemed
that his case did not meet the conditions for
seeking medical attention outside the facility but
special dispensation was granted to his family to
be able to visit him outside regular visiting hours,
with a view to fostering stronger relations between
him and his family. To summarize, Zhang has now
fully recovered from his illness and has been
discharged from hospital, his state of mind is
stable. His family members make frequent visits,
and have expressed their satisfaction with the
work of the prison staff. There is no question here
of Zhang being subjected to ill-treatment or of his
family being refused permission to visit him .
Por carta de fecha 26/07/07, el Gobierno info rmO
de que segUn las conclusiones del Informe de Ia
Policla Nacional, Ia fuerza utilizada por el ESMAD
estaba dentro del marco de cumplimiento de los
tratados internacionales y normas
constitucionales, legales y reglamentarias de
policla sobre el empleo de Ia fuerza y utilizaciOn
de gases no letales. La intervenciOn policial
inicialmente desplegO el personal de Ia policla
como una simple demostraciOn de fuerza. Sin
embargo, se aclara que posteriormente se
emplearon bastones de mando, agua y gases
lacrimOgenos, en vista del grado de violencia
ejercido por los manifestantes. La Policla
Nacional afirma que los manifestantes utilizaron
armas y explosivos de fabricaciOn casera tales
como: papas explosivas, bombas molotov, lanzas,
aarrotes. caucheras v hondas. Durante los
55.
Colombia
Follow-up
to past
cases
A!HRC/7/3/Add. 1
page 72
Para
Country
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Type
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Allegations transmitted
Government response
incidentes decenas de suboficiales y oficiales
habrian resultado lesionados, presentando
quemaduras, hematomas, heridas con arma
blanca, fracturas y diversos traumatismos. La
muerte del indigena José Pedro Pascue Canas en
el resguardo La Maria estaria siendo objeto de
investigaciOn penal por Ia Fiscalia Seccional de
PiendamO. Dicha investigaciOn inicialmente
indicaria que el Sr. Pascue Canas muriO como
resultado de las lesiones producidas al
enfrentarse cuerpo a cuerpo, junto con varios
indigenas y campesinos, con miembros de Ia
Policia Nacional. Ante Ia oficina de Control
Disciplinario Interno del Departamento del Cauca,
cursa investigaciOn disciplinaria contra algunos
oficiales y suboficiales del ESMAD en relaciOn
con el caso del Sr. Pacue Canas. Con respecto a
Ia desapariciOn forzada del indigena Manuel
Vicuña Chocue, Ia Policia Nacional precisa que
no se ha tenido conocimiento ni se ha recibido
den uncia alguna sobre dicha desapariciOn. De
igual manera tampoco se habria notificado de Ia
existencia de acciones contenciosas o
administrativas contra Ia Policia Nacional sobre el
particular. Por otro lado, Ia Fiscalia General de Ia
NaciOn informO que Ia Unidad de Fiscalia 39
Especializada de Derechos Humanos y Derecho
Internacional Humanitario y el cuerpo técnico de
investigaciOn, quedaron encargados, en su orden,
de adelantar Ia investigaciOn penal y de realizar
las labores de verificaciOn de cualquier hecho
presuntamente cometido por los ESMAD en Ia
localidad el Pital (Cauca). El Fiscal 3 Seccional
A!HRC/7/3/Add. 1
page 73
Para
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Allegations transmitted
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de San Juan de Pasto adelanta labores de
investigaciOn, por los presuntos atropellos del
ESMAD en Ia localidad de Remolinos. La
Procuradurla General de Ia NaciOn informO que
por los diferentes hechos ocurridos en las
localidades de los Departamentos de Nariño y
Cauca, cursan investigaciones disciplinarias
contra miembros del ESMAD, en las referidas
seccionales de Ia precitada entidad, en eta pa de
indagaciOn preliminar. Con respecto a los
periodistas que habrIan sido detenidos, el
Gobierno precisa que las siguientes personas
mayores de edad fueron “retenidas”, ninguna de
las cuales se habrIa identificado como periodista:
JesUs Eduardo Lopez Fernández, Carmen
Eugenia LeOn Quintana, Richard Calpa Sanchez y
Edgar Marcelo Chaparro. Finalmente, con
relaciOn a las agresiones contra periodistas del
programa TV Novedades, Ia Fiscalla General de
Ia NaciOn informO que el Coordinador de Ia unidad
de Fiscallas seccionales del municipio de GarzOn
(Huila) y Ia Unidad de FiscalIa 39 Especializada
de Derechos Humanos y Derecho Internacional
Humanitario, quedaron encargados de Ia
investigaciOn penal y verificaciOn de los hechos.
56.
COte dIvoire
27/06/07
AL
TOR
Doumbia Mamadou, résidant a Bouaké. Le 7 juin
2007, quatre représentants des Forces de
defense et de sécurité des Forces nouvelles
(FDS-FN) sous le commandementdu chef de
sécurité de l'unité, seraient entrés dans Ia maison
de M. Doumbia Mamadou a Bouaké et l'auraient
violemment battu avec un baton en caoutchouc
suite a une dispute privée. Les FDS-FN
A!HRC/7/3/Add. 1
page 74
HLTH;
HRD; IJL;
TOR
Francisco Chaviano Gonzalez, ciudadano
cubano de 50 años de edad, quien está
cumpliendo una sentencia en Ia prisiOn del
Combinado del Este en La Habana, luego de
haber sido condenado el 15 de abril de 1995 por
“revelar secretos concernientes a Ia Seguridad del
Estado”. El Sr. Chaviano Gonzalez fue el
fundadorde Ia organizaciOn Ilamada Consejo
Nacional por los Derechos Civiles en Cuba. El
estado de salud del prisionero se ha agravado
seriamente en los Ultimos dIas. Los informes
indican que tiene un tumor en el pulmOn de
crecimiento alterado, sufre de serios problemas
de circulaciOn sangulnea, hipertensiOn,
cardiopatla isquémica, artrosis y de graves
problemas estomacales a raIz de una Ulcera
duodenal que padeciO durante su primer año en
Ia cárcel. Se alega que el prisionero no recibe Ia
atenciOn médica apropiada y que vive en
condiciones insalubres, abusivas y negligentes
que deterioran aUn más su estado de salud. Los
informes sostienen que desde diciembre de 2005,
fecha en que le diagnosticaron el tumor pulmonar,
no se le ha hecho una nueva tomografla para
evaluar el crecimiento del mismo. Además, se
alega que las condiciones de prisiOn durante
estos 13 años de encarcelamiento ha tenido un
fuerte impacto negativo sobre Ia salud fIsica y
mental del Sr. Chaviano Gonzalez. Por otra parte,
desde su encarcelamiento. el 7 de mayo de 1994
Por carta de fecha 09/07/07, el Gobierno info rmO
que el Sr. Francisco Chaviano disfrutO de todas
las garantlas procesales establecidas en Ia Ley
de procedimiento Penal. El Sr. Chaviano fue
encontrado culpable de los delitos de revelaciOn
de secretos concernientes a Ia seguridad del
Estado y falsificaciOn de documentos. El Sr.
Chaviano fue condenado a 15 años de privaciOn
de Ia libertad. Su sanciOn extingue el 2 de mayo
del 2009. El estado de salud del Sr. Chaviano es
perfectamente compatible con sus condiciones de
internamiento. El Sr. Chaviano ha disfrutado de
servicios de salud de calidad y ha sido atendido
sistemáticamente y de modo gratuito por
especialistas que cuentan con todos los medios
técnicos y los medicamentos necesarios.
En febrero de 2007 el Sr. Chaviano recibiO Ia
atenciOn de un medico especialista en medicina
interna, quien confirmO mediante radiografla del
tOrax que se mantiene Ia imagen nodular
calcificada diagnosticada con anterioridad,
descartando cualquier posibilidad de tumoraciOn
asociada, sin otras alteraciones y con buen
estado general. En el presente año se le han
realizado varias consultas médicas, en las que se
le ha indicado el tratamiento medico adecuado
dirigido a revertir Ia sintomatologla respiratoria
que presenta.
El Sr. Chaviano no ha sido objeto de castigo
alciuno. Durante el año 2006 recibiO visitas cada
57.
Cuba
26/06/07
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utiliseraient regulierement Ia force et des
menaces pour résoudre des conflits entre des
privés.
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y hasta serjuzgado por un tribunal militar en abril
de 1995, el Sr. Chaviano Gonzalez fue mantenido
en detenciOn incomunicada y sin tener acceso a
un abogado. Al momento de ser arrestado, el Sr.
Chaviano Gonzalez tenla a su cargo Ia
compilaciOn de informaciOn, conducciOn de
entrevistas y documentaciOn de casos de
personas desaparecidas en Cuba para el Consejo
Nacional por los Derechos Civiles en Cuba.
21 dIas y se le ha permitido visitar su residencia
en el periodo de extinciOn de su sanciOn. Desde
noviembre de 2006 el Sr. Chaviano se encuentra
cumpliendo su sanciOn en un centro de
rehabilitaciOn, en el que tiene Ia posibilidad de
laborar en un huerto agrIcola.
58.
Democratic
Repubic of
the Congo
02/03/07
JUA
WGAD;
FRDX;
TOR
Ernest Che Guevara Bosange, journaliste au
journal Alerte Plus paraissant a Kinshasa,
actuellement détenu a Ia prison Makala de
Kinshasa. Le 21 novembre 2006 M. Bosange se
serait rendu a Ia Cour supreme de justice pour
couvrir le procès en contestation des résultats du
second tourde l'élection présidentielle etla
manifestation violente qui aurait eu lieu le même
jour et au cours de laquelle on aurait mis a feu
une partie du bätiment de Ia Cour supreme. Le
journaliste aurait été interpellé pendant qu'il
couvrait cette manifestation. II aurait été fouillé
lors de cette interpellation et les policiers et
militaires auraient constaté par sa carte de presse
qu'il travaillait pour le Journal Alerte Plus. Ce motif
aurait suffi pour l'amener au cachot de Ia police a
Kin-Maziere. Alors qu'il rentrait de Ia Cour, il aurait
été arrêté par des éléments de Ia Direction de
renseignements généraux et de sécurité (DRGS),
connus sous le nom de services spéciaux de Ia
Police Nationale a Kin-Maziere , et des militaires
de Ia Garde Républicaine. II aurait été conduit
dans l'enceinte des locaux de Ia Police Nationale
(PNC) oü un commandant lui aurait demandé s'il
Par lettre datée du 7/06/2007 le Gouvernement a
repondu que les recherches mênées ont établi
que le Sieur Ernest Bosange est poursuivi par le
Tribunal Militaire de garnison de Kinshasa-Gombe
pour vol d'effets militaires. Son procès est en
cours devant cette juridiction. En ce qui concerne
les allegations, le Ministère des droits humains ne
dispose d'aucaun élément pour les confirmer ou
informer. La Justice congolaise rétablira Ia verité.
Aucune plainte n'a été déposée par Ia victime ou
en son nom. En effet, se trouvant actuellement
sous le coup des poursuite judiciares, il lui est
difficile d'entreprendre une telle action. Si, a
l'issue du process, M. Bosange sera jugé
coupable, il sera difficile pour lui d'être
dedommage.
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était de l'Equateur. M. Bosange aurait répondu
par l'affirmative. Quelques temps après, des
agents de Ia DRGS seraient venus le récupérer
pour l'amener dans leurs locaux, oü ii aurait été
interroge par un colonel et deux majors (dont les
noms sont connus des rapporteurs). Le colonel
lui aurait dit tu es originaire de l'Equateur, tu es
un espion de Bemba, tu vas tout nous dire, tu vas
souffrir . Ensuite, M. Bosange aurait été frappé,
ses mains et ses pieds auraient été menottés
avec un engin dénommé mangozo et il aurait
été déshabillé pour subir un électrochoc. Le
colonel et les majors l'auraient ensuite remis a un
capitaine qui l'aurait menace avec une arme en
disant qu'il était un espion du Mouvement pour Ia
Liberation du Congo (MLC). Finalement, M.
Bosange se serait évanoui. II se serait réveillé
dans une salle qui ressemblait a un cachot et qui
était occupée par une centaine de personnes.
Ensuite, une femme serait venue pour l'entendre
et établir un procès verbal d'audition. M. Bosange
aurait refuse de répondre, mais il aurait été force
de signer un procès verbal rédigé sur Ia base de
declarations faites par le colonel a sa place. M.
Bosange serait resté un mois et deux semaines a
Kin-Maziere. Sa famille aurait été informée de sa
detention par un voisin de parcelle qui y travaille.
II aurait été transféré a Ia prison Makala CPRK,
(Centre Pénitentiaire et de Rééducation de
Kinshasa) le 27 décembre 2006 et son dossier se
trouverait auprès de l'Auditorat de Garnison de Ia
Gombe. Cependant, il n'auraitjamais été entendu
par un magistrat. En effet, le magistrat en charge
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de son dossier exigerait Ia somme de 200$ pour
le faire.
59. 05/10/07 JUA IJL; TOR Des magistrats militaires Guillaume Ngembo,
David Kazadi, Julien Luemba, Joseph
Nganama, de I'Auditorat de Garnison de
Kisangani. Le 30 septembre 2007, vers 16h30,
une quarantaine 40 militaires lourdement armés,
aurait fait irruption en Ia residence du Magistrat
Guillaume Ngembo, au motif quil était a Ia
recherche du Lieutenant Magistrat Julien Luemba.
Bien qu'il ait été informé qu'il ne s'agissait pas du
magistrat Julien Luemba, un militaire aurait trainé
le Magistrat Guillaume Ngembo sur Ia voie
publique, sous Ia menace darmes a feu, en lui
administrant personnellement des coups de
poings. II aurait ensuite ordonné a son escorte de
le ligoter, de le déculotter, de lallonger par terre et
de le fouetter, et ce devant toute sa famille et une
foule nombreuse de passants et de voisins. Le
pantalon baissé, le Magistrat aurait recu au moms
50 coups de matraque. Le Général present aurait
ensuite conduit sa victime a I'Etat Major de Ia
9ème Region militaire oü ii I'aurait fait maltraiter
devant ses collaborateurs ainsi que dautres
militaires et leurs families résidant dans lenceinte
de I'Etat Major. II aurait dit pouvoir tout se
permettre, y compris de tuer impunément, au seul
motif quil est cousin du Chef de I'Etat. Ensuite, le
Magistrat Guillaume Ngembo aurait été a
nouveau embarque a bord dun véhicule et
conduit sous Ia contrainte vers Ia residence
dautres Magistrats militaires, situé au numéro 4
de lavenue Kitima. Commune Makiso. Arrivé sur
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les Iieux, le Général present rejoint un peu plus
tard par son Adjoint chargé des Operations, et le
P2 de linspection provinciale de Ia Police
Nationale, se serait introduit dans limmeuble pour
arrêter le Lieutenant Magistrat David Kazadi, le
Sous Lieutenant Magistrat Julien Luemba et enfin
le Sous Lieutenant Magistrat Joseph Nganama.
us auraient été traInés dehors en presence de
leurs families et dune foule nombreuse, oü us
auraient été déshabillés, ligotés, maltraités et
humiliés par le Général en personne et les
éléments de son escorte. Leurs appareils
téléphoniques et dautres biens comme des
sommes dargent, trouvés sur eux, auraient été
emportés. Profitant de inattention des militaires,
les magistrats Guillaume Ngembo, Joseph
Nganama ainsi que le 1 er Sergent Major Kuwikila
auraient réussi a se sauver. En revanche, les
Magistrats David Kazadi et Julien Luemba,
toujours ligotés et presque nus, auraient été
embarqués dans une jeep de Ia Police nationale
et conduits a l'Etat Major de Ia 9ème Region
Militaire oü us auraient été battus et maltraités
toute Ia nuit, de 19 heures du dimanche a 8
heures du matin. Des manches a balais et de
raclettes auraient été utilisées pour Ia
bastonnade. Le Magistrat David Kazadi aurait
recu environ 1 .000 coups de baton sur toutes les
parties de son corps. II aurait de ce fait une cOte
gauche brisée. Au cours du trajet vers l'Etat
Major, le Magistrat David Kazadi aurait tenté de
se sauver au passage d' un véhicule de Ia
MONUC. Le Général present aurait alors
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ordonné de Iabattre. Plusieurs coups de feu
auraient été tires sans atteindre le magistrat, mais
une balle perdue aurait atteint au bras droit un
des membres de lescorte du Général. Le 1
octobre 2007, les deux magistrats auraient été
amenés en tenue débraillée devant Ia troupe, au
cours dune parade quil aurait présidé au Camp
Sergent Ketele. Le Général les aurait présentés
comme de dangereux criminels qui nont été pris
dans Iarmée que pour avoir étudié le droit, mais
qui en réalité nont passé leurtemps a lUniversité
qua tricher. Pendant cette parade, qui aurait été
largement médiatisée sur les chaInes locales de
radio et de télévision, le Général se serait vanté
davoir arrêté es magistrats qui prétendaient ne
pouvoir être arrêtés a Kisangani, et aurait indiqué
que ce même jour, il es expédierait a Kinshasa
oü ils seraientjugés et condamnés. Le
Gouverneur de Province serait passé rendre visite
a ces Magistrats au Centre de Sante CELPA,
dans Ia commune Makiso. Emu par Ia situation, il
leur aurait remis une somme dargent pour leur
permettre de payer Ia facture des premiers soins
recus.
60.
25/10/07
AL
TOR
D'un projet de loi concernant Ia criminalisation
de Ia torture, élaboré par des représentants de Ia
société civile. Pour criminaliser Ia torture en
conformité avec Ia CAT, il faut que Ia legislation
contienne Ia definition de l'Article 1 de Ia
Convention. L'Article 48 bis du projet de loi
propose une definition qui est en conformité avec
cette disposition. La definition élargie proposée
par le projet de loi (en relation avec des agents
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d'états) est tout a fait compatible avec des normes
internationales. De plus, les peines prévues se
conforment aux recommandations du Comité
contre Ia torture. Cependant, en ce qui concerne
les autres paragraphes de ‘Article 48 ter, il ne
fraudrait pas rendre les peines dépendantes des
consequences de Ia torture dans Ia mesure ou
c'est l'acte ipso facto qui doit être pus en
consideration et non les résultats. Le Rapporteur
special éstimait egalement que Ia peine de mort
ne doit pas figurer dans une loi visant une
amelioration de Ia situation des droits de l'homme
en espèrant que Ia peine capitale sera exclue,
cela d'autant plus qu'un moratoire dans ce sens a
été signé le 10 décembre 1999 par l'ancien
président Kabila et que le dernier alinéa de lart.
18 de Ia Charte Congolaise des Droits de
IHomme et des Peu pies interdit cette sentence
“surtoute l'étendue de Ia République. Le fait que
les Articles 48 quarter and quinto affirment le
caractère absolu et non-dérogable de l'interdiction
de Ia torture et introduisent Ia juridiction
universelle en relation avec les auteurs de Ia
torture est louable. Concernant l'Article 48 sexto
du projet de loi, le Rapporteur special a souligné
que Ia torture doit être imprescriptible. Quand le
projet de loi sera adopté, l'Article 67 du Code
Pénale devra être modiflé pour se conformer a Ia
nouvelle loi. De plus, pour assurer Ia stricte
conformité de votre legislation avec les
dispositions de Ia CAT, ii faut faire en sorte que le
principe du non-refoulement (voir Article 3 CAT) et
l'interdiction de l'usage des preuves obtenues
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sous Ia torture dans une procedure (voirArticle 15
CAT) soient garantis par cette loi. En vue de
l'interdiction absolue de Ia torture, reflétée entre
outre dans I'article 2. 2. de CAT, toutes les
mesures appropriées doivent être pris pour que
ce projet de loi soit adopté rapidement au sein du
Conseil des Ministres, déposé sur le Bureau du
Sénat et inscrit, en priorité, a Iordre du jour de Ia
prochaine session ordinaire des 15 mars-iS juin
2008.
Des violations graves des droits de l'homme a
l'egard des déportés congolais, qui auraient été
commis par les forces de sécurité angolaises a Ia
frontière entre Ia Republique democratique du
Congo et l'Angola. Ces violations auraient été
sciemment dirigees vers des groupes de
travailleurs migrants principalement composes de
citoyens congolais qui travaillent dans des
activités informelles d'extraction de diamants.
Ces violations reportées incluraient l'emploi
systematique de violences physiques et
sexuelles, Ia confiscation des effets personnels
des migrants, Ia separation des membres de Ia
famille pendant le processus d'expulsion, et le viol
systematique des femmes par les forces de
sécurité angolaises, souvent devant leurs enfants
ou en public. Les viols auraient eu lieu a tous les
stades du processus de refoulement, lors de
l'expulsion des femmes de leurs maisons, dans
les lieux de detention provisoires, aux checkpoints
et pendant leur transport vers Ia frontière. De plus,
beaucoup d'entre eux ayant menés des activités
informelles d'extraction de diamants. auraient été
61.
14/12/07
JUA
MIG; TOR;
VAW
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forces, avec les membres de leurs families
incluant leurs enfants, de se sou mettle a des
fouilles corporelles inappropriées et
envahissantes (incluant les cavités anales et
vaginales) afin de découvrir des diamants caches.
Les fouilles auraient été effectuées de facon a
causer des traumatismes, aussi bien physiques
que psychologiques, auxdéportés. Quelques-
unes de femmes victimes souffriraient de
différentes douleurs dans leurs vagins et au bas-
ventre, et auraient été profondément traumatisées
par les abus dont elles ont souffert. La plu part
d'entre elles n'auraient recu aucun soin medical
depuis leur arrivée en Republique democratique
du Congo. Les migrants auraient été détenus
secrètement et dans des conditions difficiles avant
leur deportation, us auraient été battus et soumis
a d'autres formes de mauvais traitements, et us
auraient été privés d'eau et de nourriture, aussi
bien durant Ia période de detention que pendant
Ia deportation a Ia frontière congolaise. De plus, ii
y aurait eu des morts dues a l'épuisement et aux
mauvais traitements.
62.
Egypt
12/01/07
JUA
TERR;
Ayman Hkiri, Ahmed Lahbib, Mohamed
TOR
Almadiri and a fourth individual, all Tunisian
nationals studying in Egypt, currently held at the
Al-Khalifa detention centre in Cairo. The four men
were arrested at the end of November 2005, in
connection with the activities of a so-called
terrorist cell in Egypt recruiting people to fight
against the United States forces in Iraq, but no
official charges have been brought against them.
After their arrest they were held at the state
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security intelligence office in Madinet Nasr, Cairo,
where they were blindfolded and handcuffed,
beaten and given electric shocks to sensitive parts
of their bodies. They also were subjected to sleep
deprivation and forced to watch others being
tortured. Subsequently they were transferred to
Al-Khalifa detention centre. Presently the Egyptian
authorities are planning to return the four men to
Tunisia. Concern is expressed that they might
face torture or ill-treatment, if they are returned to
Tunisia
lmad al-Kabir (also known as Imad Mohamed Ali
Mohamed), a 21-year-old minibus driver. On 18
January 2006, he was detained and taken to
Bulaq al-Dakrur Police Station, where several
police officers slapped him and kicked him with a
stick on his hands and legs. On 19 January 2006,
the public prosecutor ordered his release on bail,
but instead he was taken back to the same police
station. In the early morning of 20 January 2006,
several police officers beat him, tied him by his
wrists and ankles, and raped him with a stick. One
of the officers made a video of the rape, which
was later circulated and put on the Internet. On 9
January 2007, Mr. Al-Kabir was sentenced to
three months in prison by a criminal court in Giza.
He is now in a prison in Giza.
By letter dated, 27/02/07, the Government
informed that the Department of Public
Prosecutions was informed that someone had
downloaded from the Internet a section of a video
showing acts of torture by the police. The
Department of Public Prosecutions investigated
the matter. It found that after Mr. Imad
Mohammed Ali, a suspect in a case, had been
released on 19 January 2006, he had continued to
be held in detention by the investigation unit at
Bulaq Police Station up until the evening of 21
January 2006. During that time, his hands and
feet were bound, his undergarments were
removed and he was left naked. A police officer
beat him, sexually assaulted him and attempted to
insert a stick into his anus. A police sergeant
kicked him all over his body and filmed the
assault, using a mobile telephone. On 27
December 2006, the Department of Public
Prosecutions issued a warrant for the committal
for trial before the criminal court of both the police
officer and the Dolice seraeant. Dursuant to
63.
26/01/07
AL
TOR
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articles 178, 268, paragraph (1), and 282,
paragraph (2), of the Criminal Code. The men
were charged with unlawful detention, sexual
assault, torture, and the making and possession of
indecent video images. The prosecution evidence
included statements from witnesses, the victim
and a voice expert, the results of a forensic
examination by the Department of Public
Prosecutions of the video images and places in
which the assaults had taken place, and police
records and logbooks proving that the victim had
been released but had continued to be held. In
light of the foregoing, it should be noted that
torture is a serious offence under Egyptian law
and is not time-barred from prosecution. It is dealt
with directly by the judicial authorities, i.e. the
Department of Public Prosecutions, and action is
taken to deal with it regardless of whether the
victim is an accused or a convicted person or a
prisoner in another case. Compensation is
awarded according to the outcome of the criminal
proceedings. Under Egyptian law, the criminal or
civil courts can order compensation in respect of a
proven criminal offence. This shows Egypt's
determination, as a matter of general policy, not to
tolerate or facilitate torture, to punish anyone
found guilty under Egyptian law of committing
torture, and to ensure that persons who commit
these offences do not evade punishment.
64.
07/06/07
JAL
SUMX;
Muham
mad Suleyman YoussefAhmed, a 40-
TOR
year-old
primary school teacher from Shubra al-
Kheima,
and his cousin, Ashraf Sa'id Youssef,
aged 28.
Mr. Ashraf Said Youssef was arrested
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on 29 April 2005 in Al-Manoufiya in connection
with bombings in Cairo on 7 April 2005. He was
held incommunicado for 13 days. His relatives
learned about his whereabouts only when on 11
May 2005 he was transferred to Al-Minyal
University Hospital with serious injuries. He died
eight days later, on 19 May 2005. On 21 May
2005, the competent public prosecutor stated that,
according to initial police reports, Mr. Ashraf Said
Youssef had caused his own injuries by
repeatedly banging his head against the wall of
his cell. The Government has acknowledged,
however, that he was also bruised on his chest
and arms. The public prosecutor announced that
he had ordered the deceased's body to be made
available for a forensic examination to establish
the cause of death. Two years later, the results of
this examination, as well as of any other inquiry
into the circumstances of his death, remain
unknown. Mr. Muhammad Ahmed was arrested on
29 April 2005 in connection with the bombings. He
died in custody on the same day. An official of the
Ministry of Interior is reported to have stated,
without further details, that Mr. Muhammad
Ahmed had health problems that may have
caused or contributed to his death. Relatives of
the deceased are reported to have told the media
that although they suspected that Muhammad
Ahmed had died as a result of torture, they had
been coerced by the authorities into signing a
medical report that attributed the death to natural
causes, and burying the body the same day in the
presence of police officers.
A!HRC/7/3/Add. 1
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Muhammed Gayiz Sabbah, Usama ‘Abd al-
Ghani aI-Nakhlawi and Yunis Muhammed Abu
Gareer. The three men were tried before the
Emergency Supreme State Security Court
(ESSSC) sitting in Al-lslamiliya on charges arising
from the bomb attacks committed in Taba and
Nuweiba on the Sinai Peninsula in October 2004,
which killed 34 people and injured more than 100.
In September 2006, the ESSSC announced the
death sentences against these men, while other
defendants were sentenced to long prison terms.
The death sentences were then submitted to the
office of the Mufti. On 30 November2006, the
ESSSC announced that the Mufti had approved
the death sentences and that it now confirmed
them. There is no appeal against the sentences of
the ESSSC, which can only be commuted by the
President. Reports indicate that the men had their
first contact with their lawyers when the trial
began, months after their arrest, and were only
able to communicate with their lawyers during
court hearings. The majority of the defendants
denied the charges against them and claimed that
they had confessed under torture. Upon request
of the defence lawyers, the court ordered medical
examination of the defendants. The medical
exams, which were carried out several months
after the alleged torture, did not confirm the
allegations of the accused. The cases of the men
were submitted to the African Commission on
Human and Peoples' Rights, which has declared
them admissible in May 2007. The African
Commission has also issued provisional
By letter dated 11/07/07, the Government
informed that on 7/10/2004 the Taba Hilton Hotel
and both Al-Badiya and GozorAl-Kamar
encampment resorts were blown up by car
bombs. As a result of the three incidents, 34
persons were killed and 157 were injured.
Pursuant to the provisions of the emergency law
of the country, and based upon the findings of the
security investigations which were sufficient to
indicate the involvement of Mohamed Gayez
Sabah, Ossama Abdel Ghany al-Nakhlawy, and
Mohamed Yunis Elayyan Abu Gareer and others
in the aforementioned incidents, the three
suspects and other suspects were arrested The
three suspects together with the other suspects
were referred to the Public Prosecution Office
(PPO) for investigation. The PPO instigated the
investigation. Suspect Mohamed Gayez Sabah
was interrogated during four investigation
sessions. Suspect Ossama Abdel Ghany al-
Nakhlawy was interrogated during eight sessions.
Mohamed Yunis Elayyan Abu Gareer was
interrogated during 25 sessions. All the suspects
confessed to the crimes they had committed. The
three and others were referred to the court for
committing the aforementioned crimes.
Throughout all trial sessions, the court responded
to all the requests of their defence. The court
allowed the attorneys to visit them whenever a
visit was requested. The court allowed the
attorneys to obtain the certificates and affidavits
they needed from different agencies, responded to
the request of the defence to obtain photocopies
65.
29/06/07
JUA
IJL; SUMX;
TOR
Para
Country
Date
Type
Mandate
Allegations transmitted
Government response
A!HRC/7/3/Add. 1
page 87
Para
Country
Date
Type
Mandate
Allegations transmitted
Government response
measures asking the Government to stay the
of the investigation and trial minutes, took heed of
executions until it has decided the merits of the
the statements of all the witnesses of the defence
case. The Government's delegation before the
and responded to the request of the three
African Commission in May 2007 indicated that
suspects to refer them to the Forensic Medicine
the legal adviser in the office of the President has
Authority. The court heard the pleadings of the
advised ratification of the death sentences and
suspects' defence throughout the 12 sessions. On
that the President might ratify at any time.
30 November 2006, the court issued by
consensus the death sentences on the three
suspects after it received the opinion of the Mufti
of Egypt who confirmed that the death penalty
concurs with Islamic Shari'a. According to the
provisions of the Egyptian law, courts should seek
the opinion of the Mufti on the issuance of death
sentences in order to confirm how far the death
penalty concurs with Islamic Shari'a. The Mufti's
opinion in that regards is an advisory one. The
court sentenced the lapse of claim on two persons
who were dead, life imprisonment on one person,
and 5 to 10 years' imprisonment on the other
suspects. After the judgment was issued, the
three convicts brought two grievances to the
Judgments Ratification Office in which they
repeated the same pleas that were previously
presented to the court. The Counsellor (Judge in
High Court appointed by the Supreme Judicial
Council) who examined the judgment studied the
grievances of the convicts and concluded in his
memorandum that: the judgment satisfied all the
legal elements according to Egyptian law; the
judgment took into consideration evidence upon
which the court established the validity of the
claim against the accused persons through their
statements, testimonies of witnesses, the police
A!HRC/7/3/Add. 1
page 88
Para
Country
Date
Type
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Allegations transmitted
Government response
investigations and the forensic medicine and
criminal laboratory reports; the judgment
encompassed the incident appropriately according
to the affirmed facts, encompassed all the
pleadings and pleas of the defence as contained
in the two grievances of the convicts, and
responded to them sufficiently without prejudice to
the right of the defence; in its response on the
“invalidity of the complementary referral order,”
the judgment noted that the PPO is not allowed to
investigate the same incident with the same
accused person after the case is referred to the
court, however, this restriction does not jeopardize
the prosecution's right to investigate another
person accused of the same incident but who has
not been referred to the court, which is what the
Court of Cassation concluded in its judgment; and
the protested judgment is concurrent with the law,
and none of the convicts forwarded whatever may
affect its validity. On the basis of the above, the
examining Counsellor issued a memorandum
supporting the conclusions reached in the
judgment of the State Security Emergency Court,
hence the President ratified this judgment.
Therefore, there remains for the convicts to
petition the President to use his constitutional
competence of granting pardon. The Government
informed that in the PPO's investigation minutes
the lawyers attended the investigation sessions
with the suspects. The lawyers were allowed to
present their pleadings and affirm their requests in
the sessions. The PPO did not refuse any request
from the lawyers to appear with their clients. It is
A!HRC/7/3/Add. 1
page 89
Para
Country
Date
Type
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Allegations transmitted
Government response
worthy to note that the law applicable at the time
of investigation did not stipulate that the PPO has
to delegate a lawyer to attend the investigation
process, but it was mandatory to delegate a
lawyer if the case is referred to the court.
However, during the past term of the People's
Assembly, Article 124 of the Criminal Procedure
Law was amended within comprehensive
amendment on procedures, controls and rules of
preventive detention by virtue of the Law No.
145/2006 which made the appearance of the
lawyer with the defendant mandatory before the
beginning of interrogation in felonies. The PPO
has become obliged to delegate a lawyer for the
suspect who does not have a lawyer. It is affirmed
in the minutes of the court sessions that the court
responded to all the requests of the lawyers to
visit the accused whenever a visit was requested
and that the court responded as well to their
request to obtain photocopies of the investigation
and trial sessions. The relatives of the suspects
were allowed to visit them: the relatives of
Ossama Mohammed al-Nakhlawy visited him 17
times, the relatives of Mohamed Gayez Sabah
visited him 30 times, and the relatives of Yunis
Mohamed Abu Gareer visited him 16 times until
April 2007. Regarding the allegation that the three
were subjected to torture, Article 42 of the
Constitution provides that “Any citizen arrested,
detained or whose freedom is restricted shall be
treated in a manner concomitant with the
preservation of his dignity. No physical or moral
harm is to be inflicted upon him. He may not be
A!HRC/7/3/Add. 1
page 90
Para
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Type
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Government response
detained or imprisoned except in places defined
by laws organizing prisons. If a confession is
proved to have been made by a person under any
of the aforementioned forms of duress or
coercion, it shall be considered invalid and futile.”
And Article 57 provides that “Any assault on
individual freedom or on the inviolability of the
private life of citizens and any other public rights
and liberties guaranteed by the Constitution and
the law shall be considered a crime, whose
criminal and civil lawsuit is not liable to
prescription. The State shall grant a fair
compensation to the victim of such an assault.”
The Egyptian penal code criminalizes committing
and ordering acts of torture in articles 126 and
282; and criminalizes unjustified detainment and
penalties exceeding those decided by articles 127
and 280. In compliance with the constitutional
provisions and with article 57 of the Constitution,
criminal procedure law stipulates in its article 15
that the aforementioned crimes may not lapse by
prescription. Article 203 of the same law stipulates
that the court shall not rely on any confession
made by a person under any form of duress or
coercion. The preceding is in full harmony with the
African Charter on Human and People's Rights
and the Convention against Torture, and is
confirmed by the precedents and the legal
sentences by the Egyptian judiciary. Furthermore
pursuant to the judicial principles on the scope of
criminal liability, the assessment of the value of
confession as an evidence is subject to the
principle of “judicial discretion”. Consequently, the
A!HRC/7/3/Add. 1
page 91
Para
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Type
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Government response
adoption of a confession is subject to the
discretion of the judge. The judge decides whether
he is convinced with the confession as a reliable
evidence for conviction, orto disregard it if there is
a legal justification. The judge's competence to
assess the value of a confession entails as well
his competence to interpret it, define its
significance and explore its motives. This principle
applies whether the confession was judicial or
non-judicial, whether it took place in the process
of factual investigation, interrogation or even
before a normal person. The judge does not rely
on a confession if he is not convinced with it even
in the case of the accused person insists on his
confession. In such a case the judge may issue an
acquittal and clarify in the causation why he did
not take the confession into consideration. If it is
proved that the confession was made under
duress or coercion, it should be considered as
invalid. But this does not prevent the court from
taking other evidence to prove the accusation. In
this respect, it is worthy to mention that the court
judgment against the suspects took into
consideration all the circumstances related to the
facts according to the satisfaction of the court
based upon the papers of the case, the
investigations, the court sessions and the related
hearings of witnesses and the written and verbal
pleadings of the defence in order to clarify the
facts, the elements of the crime and the provisions
of the law applicable thereon. The courts
considered, scrutinized and analyzed all the
evidence of the crime including the related
A!HRC/7/3/Add. 1
page 92
Para
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Date
Type
Mandate
Allegations transmitted
Government response
medical and technical reports and the public
prosecution investigations to reach the facts upon
which its judgment was established. The court
responded to all the pleas of the defence during
the trial including the plea of the invalidity of the
confessions because they were made under
physical and moral duress. However, the court
was satisfied that the confessions of the suspects
and the other accused persons during the
investigations were made by persons who have
the will and the discernment and are fully aware of
the charges against them. Moreover, it was found
when the accused persons appeared for the first
time before the public prosecutor that they were
free from any injuries. The court was certain that
the suspects were fully aware that the
investigations were made by the PPO and that it
had informed them with the charges against them;
and the court was convinced that their
confessions were valid. The PPO investigation
scripts affirmed that the Prosecutor viewed the
suspects and remarked that they were free from
apparent injuries. The pleadings concerned with
torture were forwarded to the court. The court
responded to the lawyers' request to refer the
suspects to forensic medicine as mentioned in the
causes of the judgment. The court had no
suspicions about the suspects' confessions before
the PPO throughout the numerous investigation
sessions. Moreover, the suspects brought
complaints to the Judgments Confirmation Office.
The documents indicate quite evidently that the
right to litigation was not violated. The suspects
A!HRC/7/3/Add. 1
page 93
Para
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Date
Type
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Government response
Joshua Yohannes Fessehaye, aged 48, poet,
playwright and a journalist with the weekly “Setit”.
Mr. Fessehaye died on 11 January 2007 as a
result of the treatment he had received in
detention and of the very harsh conditions in the
Eiraeiro prison camp in the desert of the Red Sea
province. The detainees are permanently
manacled. Their food consists of bread, lentils,
spinach or potatoes. They sleep on the ground
with two sheets. Any contact with other prisoners
or with guards is absolutely forbidden. In the
course of 2005 and 2006 several journalists, such
as Said Abdulkader, co-founder and editor of the
weekly Admas, Medhanie Haile, co-founder and
deputy editor of the weekly Keste Debena, and
Yusuf Mohamed Ali, the editor of the weekly
Tsigenay, died in Eiraeiro prison camp as a result
of the conditions.Yohannes Fessehaye
surrendered to the police in September 2001 in a
wave of arrests of media professionals and
opinion-makers. Around that time the popular
weekly “Setit”, where he worked, was banned.
Fessehave Yohannes was first held at a Dolice
had a fair and just trial before a legal national and
competent court. The trial sessions were public
and were attended by the lawyers who
represented the respondents; and the trial was
concluded in a reasonable period. Hence this
negates the occurrence of any violation by the trial
of article 14 of the ICC PR. For all the above
reasons, the allegations that the rights of the three
suspects were violated are incorrect and
q round less.
66.
Eritrea
09/03/07
JAL
FRDX;
TOR
A!HRC/7/3/Add. 1
page 94
Para
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Date
Type
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Allegations transmitted
Government response
station in Asmara, then moved to a prison at
Dongolo in April 2002. Cells at Dongolo Prison
measure 1 .5 metres x 1 .5 metres x 2.5 metres.
They are lit by a bulb that is never turned off. The
prisoners are chained to the wall by their feet.
Their wrists are manacled. In the course of
interrogations at Dongolo, Mr. Fessehaye's
fingernails were ripped out.
67.
25/05/07
JUA
WGAD;
RINT; TOR
Zecharias Abraham, the pastor of a Presbyterian
Church in Asmara, Mikias Mekonnen, a church
elder of the Presbyterian Church, and 76
churchgoers. On 29 April 2007, police forces
arrived at the Mehrete Yesus Evangelical
Presbyterian Church in Asmara during a service
and arrested them. Amongst those arrested were
a man and woman from the United States of
America and a number of school teachers from
India. On 3 May 2007, the two United States
citizens were released. The others, however,
remain detained at an undisclosed location
without access to their families and legal counsel.
68.
11/10/07
JAL
RINT; TOR
Paulos Eyassu, Isaac Mogos, Negede
Teklemariam, Aron Abraha, Mussie Fessehaye,
Ambakom Tsegezab, Bemnet Fessehaye,
Henok Ghebru, Kibreab Fessehaye, Bereket
Abraha Oqbagabir, Yosief Fessehaye,
Asmeron Beraki, Tesgabirhan Berhe, Yemane
Tsegay, Ms. Akberet Ghebremichael, Ms.
Rebka Ghebretinsaye, Fesseha Ghebrezadik,
Tekle Kebede, Hagos Woldemichael, Worede
Kiros, Tekle Tesfai, Yonathan Yonas,
Ghebrenigus Habte, Ghebru Birhane and
Tekleab Tesfamichael. These 25 Jehovah's
A!HRC/7/3/Add. 1
page 95
Para
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Date
Type
Mandate
Allegations transmitted
Government response
WGAD;
FRDX;
HRD; IJL;
TOR
Witnesses are currently detained solely on the
basis of their religious beliefs in the Eritrean
prisons of Sawa Camp, Mai Serwa and Sembel
Prison Asmara. The first eleven persons have
been imprisoned for conscientious objection to
military service whereas the others were arrested
while attending religious meetings or sharing their
faith with people in public. Mr. Paulos Eyassu, Mr.
Isaac Mogos and Mr. Negede Teklemariam have
been imprisoned since 24 September 1994 in the
Sawa Prison for conscientious objection although
the maximum legal penalty for refusing to perform
national service is 2 years. Furthermore, they are
denied any visitors, including their families. No
specific charges have been filed against them and
they have never been given a trial. The conditions
of detention in Sawa Camp are harsh with
overcrowding and extremely restricted access to
medical care. Most of the prisoners are said to be
held in metal containers and underground cells .
Tilahun Ayalew, Anteneh Getnet (subject of a
previously transmitted communication,
A/HRC/4/33/Add.1, para. 69), and Meqcha
Mengistu, prominent members of the Ethiopian
Teachers Association (ETA). Mr. Tilahun Ayalew
was arrested on 14 December2006 and Mr.
Anteneh Getnet on 29 December 2006. Both have
since been held incommunicado by police at the
headquarters of the central investigation bureau
(Maikelawi) in Addis Ababa. Mr. Tilahun Ayalew
and Mr. Anteneh Getnet appeared before a judge,
but they were neither charged, nor given access
to leaal counsel or their relatives. Since 15
By letter dated 24/01/07, the Government
informed that they were detained by Addis Ababa
Police Commission for alleged violations of the
criminal law in accordance with the Criminal
Procedure Code and accepted international
standards. Ethiopian law enforcement agencies
have scrupulously followed appropriate legal
procedures and due process rights while taking
the aforementioned individuals to custody. Hence,
the concern expressed regarding their physical
integrity is unfounded. The detainees were
brought before the Federal High Court within 48
hours. In accordance with the Criminal Procedure
69.
Ethiopia
09/01/07
JUA
A!HRC/7/3/Add. 1
page 96
Para
Country
Date
Type
Mandate
Allegations transmitted
Government response
December 2006, Mr. Meqcha Mengistu has been
detained by the police at a secret location after
being under police surveillance for several days.
His exact whereabouts are not known and the
authorities deny all knowledge about his
whereabouts.
Code, the Court has allowed a remand period for
police to undertake the necessary investigations.
The men are now held at Addis Ababa Police
Commission headquarters. The Government
assures that they are being treated humanely and
in accordance with international norms and
standards. While in detention they are allowed
visits by their family, friends and religious
counselors.
70.
13/02/07
JUA
TERR;
TOR
BashirAhmed Makhtal, a 42-year-old Canadian
citizen, born in Dagahbur, Ogaden, Abdi
Abdulahi Osman, a 41-year-old Somali citizen,
born in Gunagado, Dagahbur, Ogaden, Ali Afi
Jama, a 33-year-old Somali citizen, born in
Godey, Ogaden and Hussein Aw Nuur
Gurraase, 35-year-old Somali citizen, born in
Gunagado, Ogaden, all trading in second-hand
clothing. On 31 December 2006, the four men
were arrested by Kenyan authorities, who
suspected them to be terrorists. The arrests were
conducted on the basis of provisions of an anti-
terror bill which has not yet been adopted. The
four men were held in custody for three weeks
without official charges. On 21 January 2007, they
were transferred to the Ethiopian armed forces in
Mogadishu.
71.
02/05/07
JUA
WGAD;
IJL; MIG;
TOR;
BashirAhmed Makhtal (see above), Ms. Halima
Badrudine Hussein, a citizen of the Comoros,
and her children (names and age unknown),
Ayub Abdurazak, a resident of France, Tesfaldet
Kidane Tesfasgi, a citizen of Eritrea and
television cameraman, Saleh Idris Salim, a
citizen of Eritrea and television journalist, Osman
By letter dated 23/05/07, the Government
informed that the Transitional Federal
Government of Somalia handed over to Ethiopia
41 individuals captured in the course of the
conflict in Somalia. Most of these detainees have
now been released. Only eight of the detainees
now remain in custody by the order of the court.
A!HRC/7/3/Add. 1
page 97
Para
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Date
Type
Mandate
Allegations transmitted
Government response
Ahmed Yassin, a citizen of Sweden, and Ms.
The rest have been released because of their
Sophia Abdi Nasir, also a citizen of Sweden, and
marginal roles. These individuals were among the
her children (names and age unknown), Ms. Ines
international terrorists who answered the call for
Chine, a citizen of Tunisia, Abdi Muhammed
Jihad by the Al-Shabab group of extremists
Abdillahi, a citizen of Kenya, and more than
against the Governments of Somalia and Ethiopia.
seventy others. In December 2006, the conflict
The Government of Somalia, due to the lack of
between the militias of the Council of Somali
adequate and secure facilities or functional
Islamic Courts and the Transitional Federal
prisons, requested that the Government of
Government of Somalia, supported by armed
Ethiopia hold these individuals and undertake
forces of Ethiopia, caused a large flow of refugees
investigations into their activities. However, the
seeking to cross the border from Somalia into
allegation that there are more than seventy others
Kenya. On 2 January 2007, Kenyan authorities
in addition to those named in the communication
announced the closure of the border for security
is false, as are the allegations that the detainees
reasons. Since then, it is reported that the Kenyan
are held incommunicado, and that they might be
security forces have been patrolling the border
at risk of torture. With the exception of three
and have arrested a number of those seeking to
individuals, who refused to exercise their right,
cross it. Kenya has deported at least 84 of those
embassy or consular officials from their respective
arrested back to Somalia, from where they were
countries have visited the detainees. Their
taken to Ethiopia. In late March, the Ethiopian
embassies or consular officials have been
Government released five persons arrested and
cooperating with the competent Ethiopian
detained under these circumstances. On 10 April
agencies in arranging the return of their nationals.
2007, the Government announced that 29 more of
It is also not true that they were not afforded the
the transferred detainees would be released,
opportunity to challenge the legality of their
however, so far none of the 29 persons have been
detention. All detainees have appeared before the
freed. The persons named above were arrested
competent Court in accordance with the relevant
between 30 December 2006 and February 2007
national legal procedures consistent with
as they tried to cross the border from Somalia into
international obligations of the country. Although
Kenya. They were detained in various locations in
security experts from the respective countries of
Nairobi before being transferred to Somalia on
origin of the detainees have been involved in
three charter flights between 20 January and 10
questioning some of the suspects, this was done
February 2007. Once in Somalia they were
in the presence of Ethiopian personnel in order to
transferred to Ethiopia. They were not provided
ensure that no detainee was subjected to torture,
with an opportunity to challenge their forcible
inhumane or degrading treatment. The physical
A!HRC/7/3/Add. 1
page 98
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Date
Type
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Government response
removal at any stage. Mr. Bashir Ahmed Makhtal,
Mr. Tesfaldet Kidane Tesfasgi and Mr. Saleh Idris
Salim are held at the facilities of the Central
Investigation Bureau in Addis Ababa (also known
as Maikelawi). Others are most likely held at the
military bases of Debre Zeit, southeast of Addis
Ababa, and Jijiga, about 60 km from the border
with Somalia. They are all held incommunicado
and are not known to have been given any
opportunity to challenge the legality of their
detention before a court. They are detained on
suspicion of having links with the Council of
Somali Islamic Courts or with Al-Qaida, although
no such charges are reported to have been
formally filed against them.
and mental integrity of all detainees has been fully
respected. With regard to the women detainees,
there were 11 women with 14 children. All of them
have been released and eight of the women with
seven children are released but they are still in
Ethiopia only because their countries of origin
have yet to finalize their travel documents and
arrangements. The remaining eight detained
suspected international terrorists will continue to
have access to embassy or consular officials of
their respective countries and that their due
process rights are being fully respected and they
have not been in any manner ill-treated.
72.
Fiji
29/01/07
JUA
FRDX;
HRD; TOR;
VAW
Ms. Laisa Digitaki, a businesswoman. She is
associated with the pro-democracy movement in
Fiji. On 24 December 2006, at approximately
11.20 p.m., a group of soldiers came to her home
and requested that she accompany them to a
military camp for questioning. On arrival at the
camp, Ms. Digitaki was escorted through a
passageway lined with cells, one of which
contained her business partner Mr. lmraz lqbal.
Ms. Digitaki was subsequently detained in a dark
cell. After a period of 20 minutes she was taken
from the cell and asked to accompany a number
of soldiers to Mr. Pita Waqavonovono's house, a
friend and fellow pro-democracy supporter. Ms.
Digitaki complied with the request. On her return
to the camp, she was led to a dark hall where Ms
Virisila Baudromo (subject of a previously
transmitted communication dated 25 January
A!HRC/7/3/Add. 1
page 99
Para
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Type
Mandate
Allegations transmitted
Government response
2007), Executive Director of the Fiji Women's
Rights Movement (FWRM) was being held. Ms.
Digitaki and Ms. Baudromo were subsequently
subjected to a barrage of verbal abuse and
torture, during which Ms. Digitaki was threatened
at gunpoint and made to lie face down on the
ground. After enquiring if she was pregnant, one
of the soldiers proceeded to jump on her back.
The ordeal lasted approximately 45 minutes, after
which the two women, along with four other pro-
democracy activists, including Mr. lqbal and Mr.
Waqavonovono, were ordered to run to the camp
gate. The group was followed outside the camp
by two military trucks and they were forced to run
some distance by the soldiers. Before returning
home, Ms. Digitaki passed by her office in. The
office had been trashed and raided, the pro-
democracy banners were removed, and graffiti
was sprayed on the wall. Previously on 9
December 2006, a group of armed men broke into
the pro- democracy shrine, tearing down banners
and damaging the property. Ms. Digitaki is
currently in hiding, in order to protect herself from
arrest after a statement she made outlining the
events of 24 December 2006, was was later made
public. She fears for her physical integrity.
73.
16/08/07
JAL
SUMX;
Three incidents this year in which persons are
TERR;
reported to have died in either police or military
TOR
custody in Fiji, following their arrest. It is reported
that investigations into the killings have been
inconclusive and that the perpetrators have not
been prosecuted. Tevita Malasebe was arrested
at the family home in Suva on 4 June, 2007 during
A!HRC/7/3/Add. 1
page 100
Para
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Date
Type
Mandate
Allegations transmitted
Government response
the night by eight members of the Fiji Police
(“strike back team”). Shortly after his arrest,
members of Tevita's family travelled to the
Valelevu Police Station asking to see him. Officers
at the station denied that Tevita was being held,
although the van that had transported him to the
station was parked outside and three officers
involved in Tevita's arrest were seen at the station.
A few hours later, a phone call was received
advising the family that Tevita was in CWM
Hospital, Suva, where family members later
observed Tevita's bruised corpse. A Police
Officers Order for Burial/cremation (form 5)
reports the cause of death of Tevita as “shock and
internal haemorrhage due to multiple bruises as a
complication of multiple blunt impacts”. Post
mortem photos appeared to indicate substantial
bruising to the body of the deceased. Sakiusa
Rabaka was arrested in the course of a joint
military police operation on 28 January 2007. He
was questioned by the military in Nadi and died
three weeks later of a brain haemorrhage, for
which he received emergency surgery. Then
police commissioner stated that police were
treating his death as murder and investigations
were ongoing against suspects including one
police man and six or seven soldiers. Nimilote
Verebasaga was arrested by the police at the
family home in Nakaulevu early in the morning of
5 January, 2007 and taken to the military barracks
for questioning. He was pronounced dead on
arrival at CWM Hospital. The body showed visible
signs of broken ribs and a broken neck. The
A!HRC/7/3/Add. 1
page 101
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Type
Mandate
Allegations transmitted
Government response
family later recovered his body from the Suva
morgue.
74.
France
27/07/07
UA
TOR
Hamid Balaei, ägé de 21 ans, d'origine iranienne.
II aurait fui l'lran pour échapper aux poursuites
liées a son orientation sexuelle un an et demi
auparavant. II aurait été arrêté par Ia police a
Paris le 18 juillet 2007 et se trouverait en
detention depuis lors. Sa deportation en Iran
serait imminente. Des craintes ont été exprimées
quant a l'integrite physique et mentale de M.
Balaei, s'il était déporté en Iran. En Iran,
l'homosexualité serait considérée un crime
passible d'emprisonnement, de punitions
corporelles et de Ia peine capitale.
75.
07/12/07
JAL
IJL; TOR
L'absence d'intervention de Ia justice vis-à-vis
d'une plainte déposée par quatre organisations
non gouvernementales contre lancien secrétaire
dEtat a Ia Defense des Etats-Unis, Mr. Donald
Rumsfeld. Le 25 octobre 2007, quatre
organisations non gouvernementales, La
Fédération internationale des ligues des droits de
IHomme (FIDH), le Center for Constitutional
Rights (CCR), lEuropean Center for Constitutional
and Human Rights (ECCHR) et Ia Ligue francaise
des droits de IHomme (LDH), auraient déposé
une plainte auprès du Procureur du Tribunal de
Grande Instance de Paris contre M. Rumsfeld,
pour avoir ordonné et autorisé des actes de
torture. Ayant informé le Procureur que M.
Rumsfeld se trouvait a Paris le lendemain, 26
octobre, a l'occasion d'un débat organisé par Ia
revue Foreign Policy)) qui s'est tenu au 33, rue
du Faubourg Saint-Honoré, dans le 8ème
A!HRC/7/3/Add. 1
page 102
Para
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Date
Type
Mandate
Allegations transmitted
Government response
arrondissement, les organisations non
gouvernementales auraient demandé au
Procureur d'entamer des poursuites a son
encontre et de s'assurer qu'il ne puisse quitter le
territoire. Après le déroulement de ce débat, M.
Rumsfeld aurait quitte le territoire en l'absence
d'intervention par le Procureur. La plainte en
question a été déposée sur Ia base des articles
689-1 et 689-2 du Code de procedure pénale
francais et de I'article 1 er de Ia Convention
internationale contre Ia torture et autres peines ou
traitements cruels, inhumains ou degradants,
ratifiée par l'Etat francais le 18 février 1986 et
entrée en vigueur le 26 juin 1987. La competence
universelle des juridictions francaises pour
con naItre des crimes de torture commis a
l'étranger découle des articles 689-1 et 689-2 du
Code de procedure pénale. Selon l'article 689-1
du Code de Procedure Pénale ((En application
des conventions internationales visées aux
articles suivants, peut être poursuivie etjugée par
les juridictions francaises, si elle se trouve en
France, toute personne qui s'est rendue coupable
hors du territoire de Ia République, de l'une des
infractions énumérées par ces articles. Les
dispositions du present article sont applicables a
Ia tentative de ces infractions, chaque fois que
celle-ci est punissable. x' Dans l'alinéa 2 du même
article il est prescrit que Pour l'application de Ia
convention contre Ia torture et autres peines ou
traitements cruels, inhumains ou dégradants,
adoptée a New York le 10 décembre 1984, peut
être poursuivie etjugée dans les conditions
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prévues a l'article 689-1 toute personne coupable
de tortures au sens de l'article 1 er de Ia
convention . A Ia lumière de différents rapports
ties détaillés et de memorandums engageant
directement Ia responsabilité de M. Rumsfeld
dans les crimes de torture et autres traitements
inhumains et degradants sur des détenus de
Guantanamo, d'Abu Ghraib et d'ailleurs, les
Rapporteurs spéciaux ont exprimé leur
preoccupation qu'aucune mesure n'ait été prise
par le Procureur pour s'assurer que M. Rumsfeld
ne quitte le territoire francais.
The Government intends to include into this action
plan draft guidelines for the use of “diplomatic
assurances” against torture in its anti-torture
action plan. The Special Rapporteur has stated
(A/60/31 6) that “diplomatic assurances are
unreliable and ineffective in the protection against
torture and ill-treatment: such assurances are
sought usually from States where the practice of
torture is systematic; post-return monitoring
mechanisms have proven to be no guarantee
against torture; diplomatic assurances are not
legally binding, therefore they carry no legal effect
and no accountability if breached; and the person
whom the assurances aim to protect has no
recourse if the assurances are violated.” He has
indicated “that States cannot resort to diplomatic
assurances as a safeguard against torture and ill-
treatment where there are substantial grounds for
believing that a person would be in danger of
being subjected to torture or ill-treatment upon
return” and called “on Governments to observe
By letter dated 6/12/07, the Government replied
that it is fully committed to the implementation of
the absolute prohibition of torture and ill-treatment,
crystallized as a ius cog ens norm of international
law and as entrenched in the Constitution of
Georgia. It considers the elaboration of the anti-
torture action plan by the inter-agency Council on
the Coordination of the Measures Directed against
Torture, Inhuman or Degrading Treatment or
Punishment an effective tool to fulfil these
obligations. Whereas guidelines on diplomatic
assurances where included in the initial version of
the action plan in accordance with the respective
recommendations of the Committee against
Torture (CAT/C/GEO/CO/3, 25 July 2006, para.
11), they were deleted after deliberation in the
Council taking into account the opposition of non-
governmental organizations. As regards the
suggestions of the OHCHR Office in Tbilisi in
relation to the need for the anti-torture plan to
coverall Dlaces of detention. imDrove healthcare
76.
Georgia
05/10/07
AL
TOR
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the principle of non-refoulement scrupulously and
not expel any person to frontiers or territories
where they might run the risk of human rights
violations, regardless of whether they have
officially been recognized as refugees.” (paras 51
and 52). Further he stated (E/CN.4/2006/6, paras
31-33) that “diplomatic assurances with regard to
torture are nothing but attempts to circumvent the
absolute prohibition of torture and refoulement,
and that rather than elaborating a legal instrument
on minimum standards for the use of diplomatic
assurances, the Council of Europe should call on
its member States to refrain from seeking and
adopting such assurances with States with a
proven record of torture.” In light of the above, the
inclusion of guidelines on the use of diplomatic
assurances in Georgia's anti-torture action plan
risks undermining the very aim of the action plan —
guaranteeing that the absolute prohibition of
torture is implemented.
for persons deprived of their liberty, strengthen
non-custodial measures and include protective
measures for vulnerable groups, the Government
assured the Special Rapporteur that they are fully
covered by the Action Plan.
77.
13/11/07
JUA
FRDX;
HRD; TOR
Police actions in connection to mass protests
in Tbilisi as well as the declaration of state of
emergency and suspension of some
fundamental rights. On 7 November 2007, anti-
government demonstrations in Tbilisi were
violently curtailed by the riot police. Protesting
crowds were dispersed by water cannons, tear
gas and rubber bullets. Police officers chased
various protestors and physically attacked them
using rubber truncheons and by firing rubber
bullets. Koba Davitashvili, the leader of the
opposition People's Party, was severely beaten
and is currently hospitalized in critical condition.
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The police also targeted journalists covering the
events as well as independent observers. Two
cameramen from Imedi TV were also hospitalized.
The Public Defender (Ombudsman) of Georgia,
Sozar Subari, was also attacked by the riot police
with rubber truncheons. He was present in the
protest to document the police actions. The riot
police also raided the offices of two television
stations, Imedi TV and Kavkasia, taking them off
the air. Imedi radio station and Internet website
were also suspended. Demonstrators who
gathered outside Imedi TV headquarters to
protest its suspension were dispersed by the
police with tear gas and physical attacks. Later in
the evening of 7 November, the Government
declared a state of emergency for 48 hours,
suspending a number of fundamental rights. The
state of emergency was later extended to 15
days. In particular, all public demonstrations in the
country were banned and only the state television
was allowed to broadcast news. It is believed that
around 500 protesters were injured, 100 of which
remain hospitalized.
78.
Germany
18/12/06
JAL
TERR;
TOR
Organization of secret transfers of terrorist
suspects by the United States European
Command (EUCOM) headquarters, Stuttgart-
Vaihingen. EUCOM played a central role in the
secret transfer of six suspected terrorists to
Guantanamo Bay, Cuba. EUCOM organized from
Germany the abduction of six prisoners of
Algerian origin, namely Bensayah Belkacem,
Hadj Boudellaa, Saber Lahmar, Mustafa Ait
Idir, Boumediene Lakhdar and Mohamed
By letter dated 16/02/07, the Government
informed that the transfer of the terror suspects to
the U.S. authorities by the Bosnia and
Herzegovina authorities in January 2002 became
known to the public through media reports in
November 2006 and had led to violent protests in
Sarajevo. The Government does not have further
detailed information to conclude whether the
allegations are accurate. It is correct that at the
time two German liaison officers were deployed to
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Nechle, from Tuzia, Bosnia and Herzegovina to
Incirlik, Turkey in January 2002. From there they
were flown to Guantanamo Bay, Cuba, where they
continue to be detained without charges. Two
German military officers, working at EUCOM,
were assigned as liaison officers and tasked with
obtaining and communicating information between
the German and U.S. authorities. Furthermore,
information regarding this case was displayed on
sources accessible to the public such as the
website of EUCOM.
U.S.-EUCOM. The German liaison detachment
acts as a point of contact for the U.S. forces in
Germany and is mainly responsible for the
exchange of information between U.S.-EUCOM
and the German territorial commands. From 21
January 2002 onwards this detachment was
augmented by an additional officer and senior
NCO. These additional soldiers joined a
multinational planning group which dealt with
issues of support for the U.S. in preparing and
implementing Operation Enduring Freedom and
developed exercise scenarios for basic planning.
None of the liaison officers were involved in
planning or activities connected with the transfer
and transport of the terror suspects. The case of
the transfer of the “Algerian Six” has already been
presented and commented on by the Special
Rapporteur of the Council of Europe, Mr. Dick
Marty. On 27 November 2006, the Association of
Public Broadcasting Corporations of Germany
(ARD) current affairs television programme Report
Mainz broadcast a report about the transfer of six
Algerian citizens from Bosnia and Herzegovina to
Guantanamo via Turkey, and the alleged role of
U.S.-EUCOM headquarters in Stuttgart-Vaihingen.
Immediately prior to the broadcast of the report,
Südwestrundfunk (SWR) 2 sent a press release to
the Stuttgart Public Prosecution Office dated 23
November together with photocopies of various
documents intended as evidence of the
responsibility of U.S.-ELCOM headquarters. The
Stuttgart Public Prosecution office instituted an
appraisal of the matter on 27 November 2006 on
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the basis of the information provided by
Südwestrundfunk, and forwarded this to the office
of the Public Prosecutor General at the Federal
Court of Justice, asking it to examine whether it
should potentially take over the matter. This was
done in view of the fact that the Public Prosecutor
General at the Federal Court of Justice is the
competent authority pursuant to section 142a of
the Courts Constitution Act (CCA) for criminal
prosecution with regard to the offences listed in
section 120 (1) and (2) of that Act. Because this
list is exhaustive, the Federal Public Prosecutor
General can only take over criminal proceedings if
there is suspicion of an offence that is listed in
section 120 (1) and (2) of the Act. This is due to
the fact that under the division of jurisdiction in the
German Basic Law, criminal prosecution is
fundamentally the remit of the Lander (constituent
states of the Federation); section 120 (1) and (2)
of the CCA more closely define the exceptional
cases of federal jurisdiction referred to in Article
96 paragraph 5 of the Basic Law. The importance
of a case on its own cannot give rise to the
Federal Public Prosecutor General having
jurisdiction. In the present case, the Stuttgart
Public Prosecution Office contacted the Federal
Public Prosecutor General, because the facts, as
they stood, might cover the offence of abduction
pursuant to section 234a of the Criminal Code,
and could therefore give rise to jurisdiction on the
part of the Federal Public Prosecutor General
(section 120 (2) first sentence no. 1, in conjunction
with section 74a (1) no. 5 of the CCA). As a
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mandatory requirement within the definition of this
criminal offence, the victim must have been
exposed to the danger of being persecuted for
political reasons. Having regard to Article 16a (1)
of the Basic Law, the Federal Public Prosecutor
General takes the legal view that political grounds
within the meaning of section 234a of the Criminal
Code include racial, religious or philosophical
grounds, and beyond these, association with a
political party or group. The persecution must
therefore involve one of these elements. A
contravention of the rule of law alone, however,
does not necessarily turn persecution into political
persecution within the meaning of this penal
provision. The Federal Public Prosecutor General
therefore decided on 21 December 2006 to refrain
from initiating investigation proceedings, because
no sufficient factual indications were apparent for
any of these criminal offences, which, according to
the definitive statutory regulation, can give rise to
the Federal Public Prosecutor General having
jurisdiction to prosecute. In particular, the Federal
Public Prosecutor General did not see sufficient
indications for the criminal offence of abduction
according to section 234a of the Criminal Code.
This decision of the Federal Public Prosecutor
General did not mean that the examination of the
criminal information process has been concluded.
Rather, it meant only that jurisdiction over the
criminal persecution remains with the Stuttgart
Public Prosecution Office which had the task of
examining the facts of the case with respect to
other criminal offences such as unlawful
A!HRC/7/3/Add. 1
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deprivation of liberty (section 239 of the Criminal
Code). The same criminal procedure instruments
are available to it for this purpose as to the
Federal Public Prosecutor General. The Stuttgart
Public Prosecution Office has therefore
undertaken a further examination of the
allegations. With its order of 11 January 2007, it
then also refrained from initiating investigation
proceedings on suspicion of unlawful deprivation
of liberty or other criminal offences (not within the
remit of the Federal Public Prosecutor General), in
accordance with section 152 (2) of the Code of
Criminal Procedure. According to this order, there
was no suspicion of criminal conduct by German
citizens, in particular by German liaison officers
working at the U.S.-EUCOM headquarters, which
would have required the initiation of investigation
proceedings. In this respect, it stated that there is
merely information that liaison persons of the
German armed forces work at U.S.-EUCOM
headquarters in Stuttgart-Vaihingen and were also
working there at the time of the action in question.
However, there was no information linking these
persons to participation in the transfer of the six
Algerians to Guantanamo. The Public Prosecution
Office also stated that it was not known which
persons were involved in arranging the handover,
in whatever manner, on the U.S. side, and it also
was not known who was responsible for the action
(particularly at the U.S.-EUCOM headquarters in
Stuttgart). Furthermore - according to the order -
members of the U.S. forces are not subject to
German jurisdiction. Article VII 3 (a) (u) of the
A!HRC/7/3/Add. 1
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Agreement Between the Parties to the North
Atlantic Treaty Regarding the Status of Their
Forces (NATO Status of Forces Agreement -
SOFA) of 19 June 1951 establishes a primary
right for the U.S. military authorities to exercise
jurisdiction over a member of their force or of a
civilian component in relation to offences arising
out of any act done in the performance of official
duty. According to the Public Prosecution Office,
the act in the present case - provided that it
involved criminal liability - would without doubt
constitute such an act done in the performance of
official duty. In conclusion, the Stuttgart Public
Prosecution Office was not able to establish that
anyone subject to German jurisdiction was in fact
involved in any criminal offence under German
law and therefore no further investigations were
carried out. Moreover, it stated there has been no
waiver by the U.S. authorities of their primary right
to exercise jurisdiction over U.S. military
personnel in EU-COM, nor is such a waiver
expected. Since the group of prisoners was not
transferred through Germany to Guantanamo,
Cuba, the question of what safeguards are in
place to ensure no such transfers occur, does not
arise. Measures taken in the fight against
terrorism, such as arrests of individuals, their
transfer from the custody of one State to that of
another, and the treatment afforded to detainees,
must at any time be in conformity with the relevant
rules of international law, including — where
applicable - the rules of international humanitarian
law and recognized human rights standards. The
A!HRC/7/3/Add. 1
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La Confédération Nationale des Travailleurs de
Guinée (CNTG) et l'Union Syndicale des
Travailleurs de Guinée (U.S.TG) conjointement
avec l'Organisation Nationale des Syndicats
Libres de Guinée (ONSLG), et l'Union
Democratique des Travailleurs de Guinée
(UDTG), auraient organisé une manifestation le
17 janvier 2007 pour protester contre le
gouvernement et Ia gestion de l'Etat et du pays
qui serait en proie a une grave crise économique.
Les forces de sécurité auraient violemment
disperse cette manifestation avec des gaz
lacrymogenes, des balles en caoutchouc et des
balles réelles. us auraient aussi frappé de
nombreux manifestants. Quatre personnes
auraient été tuées, plusieurs blessées et au moms
soixante auraient été arrêtées. Le 22 ianvier 2006.
presence of U.S. military in Germany is
sanctioned by the Convention on the Presence of
Foreign Forces in the Federal Republic of
Germany, which was concluded by the Federal
Republic of Germany, the United States of
America, the United Kingdom of Great Britain and
Northern Ireland and the French Republic on 23
October 1954. Their status is regulated by the
Agreement between the Parties of the North
Atlantic Treaty Regarding the States of their
Forces of 19 June 1951 and the Agreementto
Supplement the Agreement between the Parties
of the North Atlantic Treaty regarding the States of
their Forces with Respect to Foreign Forces
stationed in the Federal Republic of Germany of 3
Auqust 1959.
79.
Guinea
30/01/07
JUA
FRDX;
TOR
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de nombreux membres de Ia garde rapprochée du
Président de Ia République, se seraient rendus a
Ia Bourse du travail oü ils auraient saccagé
l'ensemble des bureaux et passé a tabac de
nombreux synd icalistes et membres
d'organisations de Ia société civile qui étaient
réunis depuis le debut de Ia grève générale. Une
vingtaine de dirigeants syndicaux qui avaient
organisé Ia manifestation susmentionnée, parmi
lesquels Dr. Ibrahima Fofana, Secrétaire général
de l'Union Syndicale des Travailleurs de Guinée
(U.S.TG), Mme Hadja Rabiatou Diallo,
Secréta ire générale de Ia Confédération Nationale
des Travailleurs de Guinée (CNTG), M. Yamodou
Touré, Secrétaire général de I'ONSLG et M.
Abdoulaye Baldé, Secrétaire général de I'UDTG,
auraient été frappés, puis arrêtés et conduits
dans les locaux de Ia Compagnie mobile
d'intervention et de sécurité, et enfin libérés dans
Ia nuit du 22 au 23 janvier 2007. Au moms trois
étudiants, MM. Ousman Baldé, Abbas Camara
et Mamadou Bobo Barry, arrêtés les 15 et 16
janvier, seraient encore détenus par les forces de
police.
80.
Honduras
05/04/07
JUA
HRD; TOR
Sr. Donny Reyes, miembro de Ia asociaciOn
Porcarta de fecha 13/06/07, el Gobierno informO
Arcoiris, asociaciOn que trabaja por Ia defensa de
que Ia Fiscalla General de Ia RepUblica sigue
los derechos de lesbianas, gays, bisexuales y
realizando investigaciones con relaciOn al caso
personas transgénero (LGBT). El 18 de marzo,
del Sr. Donny Reyes. Con elfin de esclarecer los
hacia las 3 de Ia madrugada, el Sr. Donny Reyes
hechos, Ia Secretarla de Seguridad procediO a Ia
saliO de las oficinas de Ia asociaciOn Arcoiris y
conformaciOn de una ComisiOn Especial, creada
mientras esperaba un taxi, seis agentes de policla
mediante acuerdo ministerial N° 0525-07 de fecha
en dos autos de patrulla se detuvieron junto a él y
16 de abril de 2007. La Secretarla de Seguridad
le pidieron que subiera a uno de los autos.
ha suspendido temporalmente a 10 oficiales de Ia
A!HRC/7/3/Add. 1
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Cuando Donny Reyes se negO, los agentes
empezaron a golpearle y le insultaron diciendo “a
estos maricones hay que desaparecerlos de
aqul”. El Sr. Donny Reyes fue trasladado a Ia
comisarla de Comayaguela, donde 10 encerraron
en una celda con otros 57 hombres. Donny Reyes
fue golpeado, desnudado y violado por cuatro
detenidos, después de que un agente de policla
gritara “miren, aqul les traigo a una princesita, ya
saben 10 que tienen que hacer”. El Sr. Reyes fue
dejado en libertad al dIa siguiente después de
pagar un soborno de 200 lempiras. Ties dIas
después el Sr. Donny Reyes denunciO losucedido
ante Ia fiscalla y desde entonces viene siendo
objeto de intimidaciones por parte de Ia policla.
Desde el 27 de marzo autos de patrulla se
estacionan varias veces al dIa por periodos de
cinco minutos frente a las oficinas de Ia
asociaciOn Arcoiris, en un aparente intento por
presionarle para que abandone sus denuncias.
Igualmente, se teme que estos eventos puedan
estar relacionados con Ia actividad en defensa de
los derechos humanos del Sr. Reyes, en
particular su trabajo por Ia defensa de los
derechos de lesbianas, gays, bisexuales y
personas transgenero.
Escala Básica de Ia Cuarta EstaciOn Policial de Ia
Jefatura Metropolitana N° 3, involucrados en el
incidente con el Sr. Donny Reyes. Los 10 oficiales
se encuentran concentrados temporalmente en el
Comando de Operaciones Cobras para evitar que
interfieran en las acciones de investigaciOn.
El Gobierno informa de que el Sr. Reyes no es
beneficiario de medidas cautelares y que no ha
recibido ningUn tipo de compensaciOn a modo de
indemnizaciOn, ya que para tal fin debe acudir a
las instanciasjurisdiccionales correspondientes.
81.
India
16/02/07
AL
TOR
Arun Lal Das, a 30-year-old prisoner at Purnea
Jail, Bihar. He is currently on trial for an alleged
violation of the Drugs and Narcotics Act. In a
statement he gave on 17 January 2007, before
the first additional and district sessions judges,
Arun Lal Das alleged he had been tortured. Arun
Lal Das alleged that the jail superintendent and
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jail constable beat him regularly, burned him with
cigarettes and denied him food for periods of up to
four days. Arun Lal Das also recounted a specific
incident on 7 January 2007, when the jail
superintendent and jail constable attempted to
sever his penis as punishment for refusing to pay
them extortion money. Earlier, jail officials as well
as the district administration had denied that Arun
had been tortured. However both judges
witnessed burn marks on his body, and knife
marks and cuts on his penis. The court ordered
the establishment of an investigative team to
examine the evidence of torture, and also ordered
that Arun Lal Das undergo medical examination.
The results of these investigations have confirmed
that he was tortured in Purnea Jail. In response,
the State Government has “suspended” the
officers, however, both men are now reported to
be working at Bhagalpur Jail. Neither of them
have been brought to trial .
82. 14/08/07 JAL TOR; VAW Ms. Asha Begum, 19-year-old resident of
Lakshmipur, Rajpara, Rajsahi district,
Bangladesh. On 7 June 2007, at 6.45 p.m., Ms.
Asha Begum was taken into custody together with
Ms. Champa Khatun by Indian Border Security
Force (BSF) officers stationed at I & II Outposts at
Kargil village, Murshidabad district of West Bengal
State, while they were trying to cross the border
from Bangladesh to India. Some hours after being
taken into custody, Ms. Asha Begum was raped by
a BSF officer. The incident was witnessed by a
senior officer of the intelligence branch at the BSF,
who was visitina the outDost that day. The officer
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advised Ms. Asha Begum to visit a doctor and to
lodge a complaint at Raninagar Police Station.
However, when she attempted to do so, the
responsible officers refused to register her case
and to have a medical examination conducted. On
the next day, when Ms. Asha Begum was taken to
Raninagar Police Station, the senior divisional
police officer from Domkal, ordered that she be
sent to the Beharampur District Hospital for a
medical examination. However, the BSF put
pressure on the medical officer who examined Ms.
Asha Begum, and who later declared that she was
not raped. No forensic laboratory examination was
conducted. On 9 June 2007, Ms. Asha Begum
and Ms. Champa Khatun had to appear before the
additional chief judicial magistrate in Lalbagh for
the hearing of the case against them under the
relevant provisions of the Foreigners Act of 1946.
The court issued an order to detain Ms. Asha
Begum and Ms. Champa Khatun in judicial
custody. On 21 June 2007, Ms. Asha Begum's
court case commenced. During these
proceedings, her lawyer informed the Court that
she was raped while in detention.
83.
26/09/07
JUA
RINT; TOR
Sabir Ali, lqbal Shahi, Ms. Anisa Abdul Jabbar,
Muhammad Allauddin Syed, Ms. Zill Gohar,
Asad Gohar, Muhammad Ashfaque, Ms.
Shaista Gohar, Ayoub Gohar, Muhammad
Irshad, Muhammad Sajjad Babar, Ms. Shabana
Gohar, Zaheer-ud-din Bukhari, Muhammad
Faheem Jaffar, Ms. Rozina Faheem, Farooq
Azam, Muhammad Khalid, Sarfaraz Hussain,
Muhammad Fiaz, Muhammad Furqan Uddin
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Syed, Muhammad Yasir, Shehzaib Gohar, Ms.
Gulnaz, Ms. Samreen Shahzadi, Muhammad
lkhlaq, Ms. Kulsoom Khan, lmran Saeed, Ms.
Zakia lmran, lmran Pasha, Muhammad
Maqsood, Irshad Ali, Ms. Rakhshanda Asim
Syeda, Javaid lqbal, Ms. Qazmi Begum,
Muhammad Muzammil, Shahzad Mukhtar,
Muhammad Zafar lqbal, Mansoor Khan, Ms.
Bushra Mansoor, Ms. Misbah Nisa, Ms. Ashraf
Nisa, Moin-ud-din Ahmed, Ms. Noreen
Shahzadi, Abdul Rashid, Ms. Maqsooda Bibi,
Ms. Sana Riaz, Hassan AlGohar, Muhammad
Shafi, Ms. Safia Shafi, Tanveer Younus, Asim
Ilyas, Tahir Rasheed, Usman Rashid, Abdul
Waheed, Ms. Sajida Waheed, Ms. Farah Naz
Gohar, Waqas Ahmed Gohar, Ms. Samira
Wasim, Muhammad Wasim, Aurangzeb, Ms.
Qamar Parveen, Akhtar Ali Ansari, A. G., M. G.,
and A. G.. These 65 persons have Pakistani
nationality and are currently detained in Central
Jail Tihar, New Delhi. The three last-named
persons were born during the past three months
in Central Jail Tihar. Currently, a total often
detainees are under six years of age. The first-
named 62 persons are members of the Mehdi
Foundation International (MFI), a multi-faith
institution utilizing mystical principles of Mr. Ra
Gohar Shahi. They claim that in Pakistan MFI
members are not allowed to practice their beliefs,
that they were tortured there and that blasphemy
cases against 250 MFI members have been
initiated in Pakistan. In early 2007, they traveled
from Pakistan to India intending to seek asylum.
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On 23 April 2007, the first-named 62 persons
staged a protest demonstration at Jantar Mantar,
New Delhi, at which they burnt the Pakistani flag
as well as their passports and visa papers. In the
absence of valid visas and other travel
documents, the 62 persons were arrested by the
local police and sent to Central Jail Tihar.
Subsequently, their application for bail was denied
with the reasoning that without local addresses it
would not be possible to secure their presence
during the trial if released on bail. On 22 June
2007, 31 July 2007 and 24 August 2007, three
women of the group gave birth in detention, and;
another detained women is pregnant. Several
other detainees suffer from severe depression
and their constant screaming and weeping
frightens the children who are detained in the
same ward. Requests to the jail authorities to
provide separate accommodation for the female
detainees with children was denied by the
additional chief metropolitan magistrate of New
Delhi on 28 May 2007. The 65 above-mentioned
persons are at risk of imminent forcible return to
Pakistan.
84.
26/09/07
JUA
WGAD;
M. M. B., aged 17, detained at Narkeldanga
TOR
Police Station, Kolkata. He was arrested on 11
September 2007 at Sambhu Babu's factory by
policemen from Narkeldanga Police Station,
where he was subsequently taken. There he was
severely beaten in front of several witnesses.
Shortly after, he was transferred to another room
and beaten again, this time for a prolonged
period. When M.M.B. returned to his cell on the
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same evening, he was limping. On 12 September
2007 at 7.30 p.m. a relative of M.M.B. met the
officer in charge of the case. He took her thumb
impression on a blank paper, registered her
address and threatened that, if she filed any
complaints, M.M.B. would be charged with an
offense under the Narcotic Substances Act.
M.M.B.'s relative, when leaving the police station,
saw him lying on the floor. M.M.B. has not been
produced before any magistrate so far .
Teguh Uripno, a 24-year old resident of
Tangerang district. On 20 April 2007 around 11
a.m., he was arrested, handcuffed and taken into
custody at Serpong Police Station after a dispute
with a police officer. There he was beaten by
police officers. When his family heard of the
arrest, they went to the police station but were not
allowed to see him. They returned the following
morning, 21 April 2007, and again were not
allowed to see him. The police did not provide
specific reasons for the refusal. At around 3.30
p.m. on 21 April several police officers went to the
house of Mr. Uripno's family and informed them
that he had died while being taken to a local
hospital, whereupon they immediately went to the
hospital. They found marks of severe beating on
the body. Medical reports indicate that he had a
fractured skull, his arm was broken, and other
parts of his body were severely bruised. According
to the medical reports, his death was due to the
trauma suffered by his skull. The Criminal
Investigation Division (CID) of Tangerang has
commenced an investiaation into the death. The
By letter dated 31/07/08, the Government
informed that he was arrested for assaulting a
police officer and then taken to Serpong district
Sector Police Station. It has been reported that he
died on 21 April as he was being taken to hospital
allegedly following a beating while in police
detention in the Tengarang district the day before.
It has been alleged that he was brutally beaten
and that this assault proved fatal. It is also the
Government's understanding that while he was
remanded into police custody on 20 April, his
family was informed of his arrest. Investigations
are currently ongoing. The facts of the case are
being elucidated by the pertinent authorities in
charge. For instance the Criminal Investigation
Department (CID) of Tangerang has been
involved in the case and has undertaken its
investigations since April 2007. The findings of
the CID will be communicated to the appropriate
authorities as soon as their report is established.
However, the process of investigating involves a
detailed sifting through of all the facts and
alleaations. a process which reauires time and
85.
Indonesia
28/06/07
JAL
SUMX;
TOR
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family of Mr. Uripno filed a complaint with Komnas
Ham (National Human Rights Commission). No
information has been received on the progress of
these proceedings.
dedicated effort. Mr. Uripno was questioned while
in custody, then he was taken to hospital the
same day where he died. An autopsy was ordered
and it was as a result of the findings of this report
that his parents sought the assistance of the
Jakarta Legal Institute and thereafter went to the
Jakarta Police to denounce the treatment and
subsequent death of their son. In connection to
this case, Indonesia is also aware that his family
later sent a letter of complaint to the Komnas Ham
(Indonesia's National Human Rights Commission)
detailing their concerns. The latter commenced
investigations, however, as this also requires a bit
of time to verify the facts and reliably identify the
perpetrators, their conclusions cannot be publicly
transmitted until then. In connection to the
response of the local authorities, the Internal
Affairs department of the Tangerang Police has
also been conducting their independent
investigation into this matter. This unit originally
questioned 19 police officers working in the
Serpong district who were at the time suspected
of being implicated in this unfortunate death of a
detainee. Nine police officers have since been
officially named as suspects in the case and have
been duly arrested. Of the nine police officers, two
were name key suspects in April. The other seven
are still being investigated for complicity in the
acts of violence perpetuated against the victim,
while he was in their custody. However a chain of
causality must be clearly established before any
final conclusions can be presented. Furthermore
the judiciary and its branches must be allowed the
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time and space to effectively carry out their
functions and come to a concrete solution of the
issue before them without interference from the
Executive, as clearly stipulated in the 1945
Constitution. The Government reiterates, as it has
done on many other similar occasions, its
opposition to the use of torture, whether as a
means of coercion or punishment. As well as
being a signatory to CAT, Indonesia has also
provisions in its laws that clearly state that
freedom from torture is a non-derogable right.
Indeed, this is evident in the provisions of Law No.
39 of 1999 on Human Rights, in particular article
4, as well as articles 9 and 39 of Law No. 26 of
2000 on the Human Rights Court. The latter
guarantees any violations of this right will be
brought to justice. Moreover, Indonesia continues
to do its best to assure the dissemination of
information on the implementation and application
of CAT and other such provisions within the
national security services in order that incidents
and tragedies such as those concerning Mr.
Urpino do not occur. It is the Government's belief
that its local government authority will do
everything within its prescribed authority to verify
the facts of the case and determine the
perpetrators and how they should be prosecuted
before the law and whether it will be disciplinary,
administrative or penal measures that will be
undertaken. The provisions of national law
however preclude the interference of the
Government from matters that have been
constitutionally set to be handled by the judiciary.
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Sherko Jihani, correspondent of the Turkish
news agency Euphrat in Maha bad and a member
of the Human Rights Organization of Kurdistan
(HROK). On 27 November 2006, he was arrested
and detained in Mahabad Central Prison after
being summoned to appear before branch 2 of the
Revolutionary Prosecutor's Office in Mahabad. It
is reported that Mr. Jihani was interrogated about
the formation of an investigative committee on the
kidnapping on 8 January 2006 of a woman human
rights activist, Ms. Sarveh Komkar (Kamkar), and
for giving interviews to foreign media about the
killing by Iranian security forces of Kurdish activist,
Showan (Shivan) Qaderi (subject of a previously
transmitted communication,
E/CN.4/2006/54/Add.1, page 102) on 9 July 2005.
On 30 November, Mr. Jihani went on a hunger
strike in protest against his detention after
refusina to av a bail of Rials 50 million. On 4
Furthermore, any considerations for compensation
depend entirely on the findings of the courts and
subsequent rulings thereof. Until the ruling of the
court establishes the chain of events and
causality, the right punishment for the perpetrators
and the possibility of compensation cannot be
anything more than an expectation. The
Government further wishes to clarify again that the
judiciary can only allow for the stipulation of
compensation when the facts of the case
determine such would be warranted and not
before. However, this decision again lives
exclusively within the powers of the judiciary
which excludes any interference by the executive .
By letter dated 22/05/07, the Government
informed that he was charged with “dissemination
of false information” and “participation in illegal
demonstrations.” A preliminary hearing in court
has been carried out and he has been released on
bail pending completion of investigations.
86.
Iran (Islamic
Republic of)
15/12/06
JUA
WGAD,
FRDX,
HRD, TOR
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December, Mr. Jihani began refusing to speak.
On the same day, his family was able to visit him.
On 6 December, Mr. Jihani was moved from
Mahabad Prison to an unknown location, possibly
Oromiyeh Prison. On 12 December, Mr. Jihani's
family received a phone call from an alleged
member of the Mahabad branch intelligence
services who told them that Mr. Jihani died of a
heart attack after falling into a coma. On 13
December, the family was received a phone call
from him but he was unable to tell them anything
about his whereabouts and he sounded very
weak. Mr. Jihani has been arrested nine times
since 1999, and is said to have been tortured
while previously in detention .
87. 20/12/06 JUA WGAD; Shia cleric Ayatollah Sayed Hossein Kazemeyni
TOR Boroujerdi, and followers, namely Mostafa
Sheybani Farahani, Yaghoub Sadeghi, Reza
Mohseni, Majid Alasti, Mohammad Ansari,
Hossin Yazdani, Kambiz Hosseini, Azin
Ghotbi, Hamid Sayyadi, Mohammad Reza
Sadeghi, Abbas Barghbani, Morteza Abbas
Rahim, Ali Shahrabi, Mehrdad Souri, Ahmad
Karimiyan, Ali Dah Hijdah, Ali Reza Montazer
Sabe, Msoud Samavati, Ali Bahrami, Ramezan
Rahimi, Hasan Harischiyan, Seyyed Jafar
Seyyed Monir, and Ms. Narges GhaffarZadeh.
On 8 October 2006, Ayatollah Sayed Hossein
Kazemeyni Boroujerdi was arrested at his home.
Since 28 September 2006, approximately 300 of
his followers have also been arrested, including
the Ayatollah's 80-year-old mother and his six-
month-old arandson. Tear-aas and electroshock
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weapons were used while the arrests were carried
out. The majority of those arrested are believed to
have been released, some of them on bail. Their
personal belongings, confiscated upon arrest,
including mobile phones, have not yet been
returned. The Ayatollah himself and the above-
mentioned individuals are still being detained in
Section 209 of Evin Prison for interrogation. It has
been reported that the Ayatollah has suffered from
a heart attack and was hospitalised for at least
three days on or around 24 October 2006. He was
returned to Evin Prison thereafter, and there are
concerns that he might not be receiving adequate
medical treatment. It is not known whether he, or
any of the above-mentioned individuals, have
been allowed to receive visits from their families
or lawyers. The Ayatollah developed heart and
kidney problems as a result of ill-treatment .
88. 31/01/07 JUA SUMX; Abdullah Farivar Moqaddam. He is at imminent
TOR risk of execution by stoning to death. He was
arrested on 8 February 2005 and charged with
committing adultery. He was convicted and
sentenced to death on 21 December 2005 by the
second bureau of the Mazandaran penal court
and the sentence was confirmed by bureau 41 of
the High Court on 1 August 2006. He apparently
confessed under fear of torture by the police but
later retracted his confession before the court.
His application to have the verdict quashed by the
Head of the Judiciary and Investigation Board of
the High Court was subsequently dismissed. It is
believed that Mr. Moqaddam is currently detained
at Sari Prison.
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89.
31/01/07
JUA
SUMX;
TOR
Sina Paymard and Mostafa (surname unknown)
who are at risk of execution for crimes
committed when they were under the age of age
18. Sina Paymard was convicted of murder after a
dispute with a man over cannabis during which he
stabbed the drug dealer to death in October2004.
The Supreme Court upheld his death sentence
but he was granted a reprieve by the victim's
family on 20 September 2006. Sina Paymard
remains at risk of execution after a demand for
payment of diyeh (blood money) was made in the
amount of 150 million troumans (over $ 160 000)
which Sina Paymard's family could not afford. In
November 2006, his lawyer asked for a review of
his case after submitting evidence that the Court
had not properly considered that Sina Paymard
suffered from a mental disorder. He has had a
stay of execution ordered by the Head of the
Judiciary. Mostafa was convicted of killing a man
in the Pars district of Tehran following a scuffle
which ensued after he intervened to stop the
deceased from harassing a woman. His sentence
has been upheld by the Supreme Court.
90.
06/03/07
JUA
WGAD;
IJL; MIG;
TOR
Abdul Rasoul Mazraeh, also known as Abdullah
Abdulhamid al-Tamimi, an Iranian Ahwazi and a
recognized refugee in Syria. He was arrested by
Syrian security forces on 11 May 2006 and
handed over to Iranian authorities in Tehran on 15
May 2006. Since his arrest he has not had access
to a lawyer and has been detained in solitary
confinement. Mr. Mazraeh is expected to go on
trial in March, however, it remains unclear what
charges are put against him. He was physically
By letter dated 23/08/07, the Government
informed that Mr. Abdul Rasoul Mazraeh is the
head of the military wing of the terrorist group
known as “MIAAD” and following participation in
several terrorist operations, he had illegally fled
Iran to Syria, where subsequent to his
identification by the local pertinent authorities, as
well as the issuance of a writ of arrest by
INTERPOL, he was arrested and extradited to
Iran. All the allegations, including torture, his
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and mentally ill-treated while in detention. As a
result, he carries blood in his urine, his liver and
kidneys are not functioning and he lost all of his
teeth. Furthermore, he is paralysed because his
spine has been damaged.
illness in prison, lack of access to lawyer as well
as to his family are categorically denied. Mr.
Mazraeh has been in good health. He has,
frequently, met his family, and has made phone
calls to them. Besides he has enjoyed two times
of city leave (out of prison, under police control) in
December 2006 and March 2007. This case is
presently going through investigations and legal
proceedings in the competent court with the
information and presence of Mr. Mazraeh's
defence lawyers at different stages. No final
verdict is, yet issued.
91.
16/03/07
JUA
WGAD;
FRDX;
HRD; TOR
Esma'il Javadi, a 31-year-old, journalist, Ebulfezl
Alilu, a shopkeeper, and Ramin Sadeghi, all
Azeri Turks and linguistic rights activists. The
three men were arrested at around the time of
several peaceful demonstrations marking
International Mother Language Day on 21
February 2007. Mr. Esma'il Javadi was arrested
on 18 February 2007 in the city of Orumiyeh. He
is currently being detained in a detention facility
under the auspices of the Ministry of Intelligence
in the Dokkuz Pille area of Orumiyeh and has
been ill-treated in detention. Mr. Javadi is in poor
health and in urgent need of medical care. Family
members who were permitted to meet with him
have been threatened by security officials and told
that they should not speak about Mr. Javadi to
anyone. Mr. Ebulfezl Alilu was in a group of
around 50 people who were arrested in Orumiyeh
on 21 February 2007. Authorities have closed his
shop at Orumiyeh Bazaar. Mr. Alilu is currently
being detained at Dokkuz Pille detention facility,
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where he has been ill-treated. Mr. Ramin Sadeghi
was arrested in the city of Ardabil on 19 February
2007 together with around 20 other persons. He
was first held in a detention facility of the Ministry
of Intelligence and then transferred to Section 1 of
Ardabil Prison on 3 March 2007. Authorities have
denied him any visits. He has gone on hunger
strike and is in poor health, and in urgent need of
medical care.
92.
03/04/07
JUA
SUMX;
TOR
Javad Naroui, Masoud NosratZahi, Houshang
Shahnavazi, Yahya Sohrab Zahi, Ali Reza
Brahoui, Abdalbek Kahra Zahi (also known as
Abdalmalek), and S. 0. Z., aged 17, all members
of the Baluchi minority and are at risk of imminent
execution. They have been tried, convicted and
sentenced to death in connection with a series of
crimes which took place in the town of Tasuki, in
Sistan and Baluchistan provinces in March 2006.
Confessions of five of the men (Ali Reza Brahoui,
Yahya Sohrab Zahi, S. Q. Z., Houshang
Shah navazi and Masoud Nosrat Zahi) were
broadcast by Iranian state television. Reports
received also indicate that these five men might
have been tortured, including by having bones in
their hands and feet broken, by being “branded”
with a red-hot iron and by an electric drill applied
to their limbs.
93.
19/04/07
JUA
WGAD;
TOR;
Hadi Musevi, an Iranian citizen and an active
member of Gamoh (Southern Azerbaijan National
Awakening Movement). On 7 April 2007, between
midnight and 1 a.m., Azerbaijani police went to his
home in Baku and arrested him. He was detained
in a detention centre run by the immigration
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section of the Ministry of Interior and did not have
access to a lawyer until 10 April 2007. Hadi
Musevi was accused of illegally residing in the
country and was told that he will be deported to
Iran immediately. On 11 April 2007, he was taken
to Baku airport and placed on a plane bound for
Iran. Since then, his whereabouts are unknown. In
Iran, he has not returned home or otherwise
contacted his family. In 2004, he was arrested in
connection with the so-called “Babak castle
gathering” and imprisoned for two months.
Thereafter, he left Iran for Azerbaijan, where he
sought asylum through the Office of the UN High
Commissioner for Refugees. His application was
rejected, but an appeal was still pending. While in
Baku, Hadi Musevi participated in numerous
demonstrations in front of the Iranian embassy .
94. 01/06/07 JUA HRD; Hossein Forouhideh (also known as Khatibi), an
SUMX; advocate of linguistic and social rights for Iranians
TOR of Azerbaijani ethnicity from the Khoy region. He
was sentenced to death by bench 1 of the
Revolutionary Court in the city of Orumiyeh. While
neither the date of his secret trial nor the precise
charges on which he was convicted are known, it
would appear that they are connected to
accusations of spying for the Turkish Government.
After an initial period of detention in an Etelaat
(Ministry of Intelligence) detention facility in Khoy,
Hossein Forouhideh spent more than nine months
incommunicado in an Etelaat detention facility in
the city of Oromiyeh, where he was tortured
leaving him with extensive bruising to his torso
and a number of broken ribs. He was
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subsequently transferred to a third Etelaat facility,
Dokkuz Pille Prison in Orumiyeh, where he is
currently detained. In March 2007, the authorities
informed Hossein Forouhideh's mother that he
had been executed, and that she should collect
his body from the detention facility. When she
went there from Khoy, where she lives, the guards
told her that her son had not yet been executed.
She recently visited the detention facility again,
but was not allowed to visit her son. Hossein
Forouhideh's wife, who lives in eastern Turkey,
has not been able to obtain information about her
husband since at least September 2006 .
95. 07/06/07 JUA WGAD; Sa'id Metinpour and Jalil Ghanilou, residing in
HRD; TOR Zenjan, both advocates of Azerbaijani linguistic
and cultural rights in Iran. Mr. Metinpour and his
wife were arrested at home in Zenjan on 25 May
2007 at around midnight by plain-clothed officials
from the Iranian Ministry of Intelligence. The
officers forced them into a vehicle and blindfolded
them. Later, they were separated and Mr.
Metinpour was removed in one car, while his wife
was returned to their home in another. At around
5 a.m. on 26 May 2007, Ministry of Intelligence
officials arrived to search the couple's residence.
They removed notebooks, tapes and albums
containing family photos before searching the
home of Mr. Metin pour's father, which is located
on a higher floor. Mr. Metinpour's current
whereabouts are unknown. His wife has sought
information about his fate from the state
prosecution authorities (Dadsara) and the
iudiciarv (Dada ostari). but was told by both that
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they are unaware of his status and that no file
exists with his name. Mr. Ghanilou was arrested in
Zenjan by security officials at around 10 p.m. on
27 May 2007. He is being detained at an
unknown place of detention.
96.
12/06/07
JUA
WGAD;
HRD; TOR
Keyvan Rafiee, a human rights activist. On 9 July
2006, he was arrested for having participated in
an event commemorating an earlier crackdown on
a large student demonstration (“18 Tir”) and for
having reported about other student
demonstrations. Since then he has been held in
Section 209 of Evin Prison, run by the Intelligence
Ministry. He spent more than nine months in
solitary confinement, has been subjected to ill-
treatment, and as a consequence is suffering from
several illnesses. Like other prisoners in Section
209, he is handcuffed and blind-folded most of the
time. It is unclear whether he has access to
medical treatment.
97.
20/06/07
JUA
SUMX;
TOR
Ms. Mokarrameh Ebrahimi and an unnamed
man who are due to be executed by stoning on 21
June 2007. Both were charged and convicted of
the offence of adultery and sentenced to death by
the Office of Showraye Tameen of Ghazvin
province. The sentence is due to be carried out in
the Behest Zahra cemetery in Ghazvin province.
Appeals to the judicial commission for amnesty
and clemency were apparently rejected. Both
have been held in prison for the past eleven
years. Ms. Ebrahimi is currently detained in
Choubin Prison in Ghazvin province.
98.
05/07/07
JUA
FRDX;
HRD; TOR;
Ms. Delaram Ali (subject of a previously
transmitted communication, A/HRC/4/33/Add.1,
A!HRC/7/3/Add. 1
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VAW
para. 100), a womens rights defender from
Tehran University. The Tehran Revolutionary
Court convicted Ms. Delaram Au on charges of
“Propaganda against the System” and “Disturbing
Public Order.” On 12 June 2006 in Haft Tir
Square, she participated in a peaceful
demonstration for better recognition of womens
rights and the removal of discriminatory clauses
against women from Iranian law. Ms. Delaram Ali
was sentenced to two years and 10 months'
imprisonment and 10 lashes. The sentence has
not been suspended and could be carried out at
any time. Several other persons arrested during
the demonstration have also been convicted and
sentenced, but had their sentences suspended.
99.
09/07/07
JUA
HRD; IJL;
TOR
Ali Shaken, a peace activist and founding board
member of the University of California, Irvine,
Center for Citizen Peacebuilding, and Kian
Tajbakhsh, a social scientist at the New School in
New York, who has worked as a consultant for the
Open Society Institute and the World Bank. Since
early May 2007, Mr. Shaken and Dr. Tajbakhsh
have been held in section 209 of Evin Prison in
Tehran on the charge of “acting against national
security by engaging in propaganda against the
Islamic Republic through spying on behalf of
foreigners”. Both men are being detained
incommunicado and denied access to their
lawyers and families.
100.
10/07/07
JUA
WGAD;
FRDX;
HRD; TOR
Mohammad Sadiq Kabudvand (subject of a
previously transmitted communication,
A/HRC/4/27/Add.1, para. 294) the chair of the
Kurdish Human Rights Organization (RMMK)
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based in Tehran, and editor of Payam-e Mardom-
e Kurdestan (Kurdistan People's Message), a
weekly published in Kurdish and Persian, which
was suspended in June 2004 for “disseminating
separatist ideas and publishing false reports”. On
1 July 2007, Mr. Sadiq Kabudvand was
arrested at his place of work in Tehran by plain-
clothed security officers. He was taken to his
house where the security officers confiscated
several personal belongings, including three
computers, personal documents, books,
photographs and family films. He was then taken
to ward 209 of Evin Prison where he is currently
detained and denied access to a lawyer.
101.
23/07/07
JUA
SUMX;
TOR
Mosleh Zamani, who is at imminent risk of
execution for a crime committed when he was 17
years-old. He was charged with abducting and
having sexual relations with a woman (with whom
he was in a relationship). He was convicted and
sentenced to death in 2006. It is reported that Mr.
Zamani had inadequate legal representation
during his trial and appeals. His sentence was
upheld by Irans Supreme Court in early July 2007
and was referred on 17 July to judicial authorities
responsible for implementing the verdict. He is
currently detained at Sanandaj Prison.
102.
24/07/07
JUA
HRD; TOR
Loghman Mehri and his wife. Mr. Mehri is a
member of the Kurdistan Human Rights
Organisation (RMMK). On 18 July 2007, he and
his wife were kidnapped while entering the East
Bus Terminal in Tehran. Three men in plain
clothes believed to be national security agents,
beat Mr. Mehri before forcing him and his wife into
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a car. Their current whereabouts are unknown.
Mr. Mehri had been arrested in August 2005 on
charges of acting against internal security;
membership of an illegal group, and incitement to
riot. He was released on bail and was due to
appear in court at Sanandaj Prison next week.
103.
02/08/07
UA
TOR
Abdolwahed Butimar (subject of a previously
transmitted communication dated 26 July 2007).
During his detention in a Ministry of Intelligence
facility in Marivan and at Marivan Prison, Mr.
Butimar was beaten and repeatedly taken to a
room in the basement of the jail, which was filled
with sewage and excrement, hung by his hands
and forced to keep his head lifted in order to avoid
drowning in the sewage. As a result he suffers
from severe pain, has bruises on his face and
hands. Moreover, he was held in a cell 1 x 1 m,
where there was a toilet, a faucet and a cup. He
was fed only a small amount of bread. He was on
several occasions taken from his cell during the
night and told that he would be executed.
104.
23/08/07
JUA
SUMX;
TOR
Mohamed Latif. Convicted in 2004 for a murder
committed when he was 14-years-old, he is at
imminent risk of execution. An appeal was
apparently lodged with the Supreme Court
concerning his mental age but was rejected.
105.
30/08/07
JUA
WGAD;
RINT;
HLTH; IJL;
TOR
Shia cleric Ayatollah Sayed Hossein Kazemeyni
Boroujerdi (subject of a previously transmitted
communication, see above), aged 49. On 10 June
2007, he was tried before the Special Court for
the Clergy. He was denied legal counsel. It is
unclear whether he was sentenced to death or
whether his case is still under consideration. Mr.
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Boroujerdi is currently detained in Evin Prison,
where, on top of the severe conditions of
detention, he has been beaten and had cold water
spilled on him while he was sleeping. Although he
suffers from Parkinson's disease, diabetes, high
blood pressure and heart problems, Mr.
Boroujerdi was denied permission to seek
treatment at the prison's medical facility until he
started a hunger strike on 22 July 2007.
106.
04/09/07
JUA
WGAD;
HRD; TOR
AmirAbbas Banayi Kazimi. On 14 May2007, he
was arrested at his home in Tabriz and was taken
to a Ministry of Intelligence detention centre. He
was transferred around 1 August to Tabriz's
Central Prison. He was again transferred to a
Ministry of Intelligence detention centre
somewhere in Tabriz, where he is now detained.
He has not been formally charged with any
offence. Mr. Banayi Kazimi was beaten in the
course of his arrest and was subjected to other
forms of ill-treatment during his detention. This
has resulted in his teeth being broken, hair being
pulled from his scalp and blueish bruise marks all
over his face and body. He has also initiated a
hunger strike.
107.
04/09/07
JUA
SUMX;
TOR
Behnam Zare, who is at imminent risk of
execution having been sentenced to death for a
murder committed when he was 15 years of age.
Behnam was convicted of murder by the Fars
criminal court. A subsequent appeal was
apparently lodged with branch 33 of the Supreme
Court but rejected. Behnam was not aware that he
had been sentenced to death until a recent visit by
his lawyer. It was reported that the victim's family
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have refused to pardon Behnam and the case has
now been passed to the Office for the
Implementation of Sentences.
108.
17/10/07
JUA
WGAD;
HRD; TOR;
VAW
Ms. Ronak Safazadeh, a campaignerfor
women's rights and a member of the One Million
Signatures campaign, which calls for an end to
discriminatory laws against women in Iran. On 8
October 2007, she participated in an event to
mark the International Day of the Child during
which she collected signatures for the One Million
Signatures campaign. On 9 October2007, nine
agents of the security forces entered her home
and seized literature pertaining to the campaign,
her computer as well as some other personal
belongings. Ms. Ronak Safazadeh was arrested
shortly afterwards and placed in detention at the
local office of Information and Security Ministry in
Sanandaj, Kurdistan. It is alleged that she is being
held in incommunicado detention as all efforts on
the part of family members to contact her have as
yet failed.
109.
110.
05/11/07
14/12/07
JUA
JAL
SUMX;
TOR
SUMX;
TOR;
Soghra Najafpoor, who after having spent 18
years in prison is at imminent risk of execution,
having been sentenced to death for a murder
committed when she was 13 years of age. The
victim's family had filled out the request for
execution following Ms. Najafpoor's recent release
from prison.
Makwan Mouloudzadah, who was executed on 5
December 2007 for rapes committed when he
was a minor. Mr. Mouloudzadah aged 20 at the
time of his execution was sentenced to death on
25 May 2007 by branch 7 of the penal court of the
By letter dated 10/12/07, the Government
informed that statements of several witnesses and
victims and the repeated confessions made by
Makwan Moloudzadeh and members of his
hooligans group, as well as the conformity and
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city of Kermanshah for the rape of three boys
when he was 13 years of age. On 19 July 2007,
the Supreme Court upheld the death sentence.
The execution occurred despite the retraction on
the part of the witnesses during the trial of their
evidence, despite reports that Mouloudzadah's
confessions were coerced, and despite the fact
that the Head of the Judiciary had ordered that the
death sentence be suspended, and ordered a
review. The case was supposed to be reviewed
in Tehran, but was sent back to Kermanshah,
where local judicial authorities quickly approved
the execution.
correspondence between the confessions and the
details expressed by victims and witnesses led to
substantiation and further confirmation of the
charges by the Court and issuing of verdict on one
of the cases, from amongst the collection of
charges filed against him in relation with raping of
juveniles. Commander of Gendarmerie Forces of
Paveh had already reported and confirmed the
existence of the hooligan network of Mr.
Moloudzadeh being involved in ravishment,
raping, blackmail, assault and battery and knife-
stabbing. Repeated commitment of crimes after
the age of 18, are ascertained by the court of
justice and the allegation of his minority, or under
age at the time of committing crimes is
categorically unfounded and denied. The
Provincial Court, comprised of five judges,
unanimously found him guilty through Verdict No.
35 of 7 June 2007, and sentenced him to
punishment in accordance with the law. Therefore,
the allegation of issuing a verdict on the basis of
the judge's personal knowledge is baseless and
rejected. The State Supreme Court, pursuant to
exhausting of examinations and domestic
remedies confirmed the verdict No. 423 of 1
August 2007. In the course of investigations the
accused enjoyed the services of two lawyers.
None of the Judiciary Branches and Appeal had
any hesitation in confirming the verdict and the
delay was merely due to making further
examination and assurance of the age of Mr.
Moloudzadeh (21 years of age was ascertained);
and the verdict was carried out upon the approval.
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Ms. L. T. S., Mr. E. K. and Mr. G. S., three
teenagers from Am Sefni, Ninewah Governorate.
L.T.S. was the granddaughter of the leader of the
Yezidi ethnic group. Despite her parents wishes,
she began a romantic relationship with E.K. who
came from a lower social class than her family.
L.T.S.' family had already arranged her marriage
with her cousin, and her relationship was seen as
a stain on the honour of her family. On 10 August
2006, E.K. together with L.T.S. and his friend G.S.
sought refuge at E.K.'s home. Several armed men
led by L.T.S' uncles, came to the house and
burned it down. E.K.'s family had to flee the area.
The three youth fled to Mosul to hide at the house
of an acquaintance, who later handed them over
to L.T.S.' family at the Shalalat checkpoint in
Mosul on 11 August 2006. They were taken to
Baathree village, close to Am Sefni. L.T.S' father
was already present in the village along with
about fifty armed men affiliated with the her family.
With a crowd of local villagers watching, the
armed men broke E.K.'s hands and legs, gouged
his eves out, and shot him dead. riddlina his body
The Government informed that the use of hanging
as a punishment against a criminal who had
repeatedly (even after the age of 18) committed
crimes such as raping and organization of gang
groups which inter alia have destroyed lives of
eleven juveniles (boys and girls) and has left
irreparable and everlasting psychological bitter
impacts on their lives, is considered a major crime
and no international document or commitment
disapproves that.
111.
Iraq
02/03/07
JAL
TOR; VAW
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with bullets. G.S. and then L.T.S. were shot dead.
Several influential members of her family directly
took part in the planning and the execution of the
murders. The bodies of the three teenagers were
buried in an undisclosed location and have yet to
be found. As of 1 February 2007, not a single
person had been formally investigated, indicted or
arrested in connection with the crimes. Many
family members of E.K. and G.S. have repeatedly
fled the Am Sefni area and are afraid to return for
fear of further retribution .
112. 13/06/07 JUA WGAD; Muhammed Khalid Shelal, 34-year-old brother of
IJL; TOR a staff member of the United Nations Assistance
Mission for Iraq (UNAMI). He was the subject
matter of a letter sent by the Special
Representative of the Secretary-General, Mr.
Ashraf Jehangir Qazi, to the Iraqi Minister for
Human Rights, H.E. Ms. Mika'il Wijdan, on 29
April 2007, which has remained unanswered to
date. Mr. Shelal was arrested by Iraqi authorities
6 March 2007 at 4 a.m. without an arrest warrant
produced and is currently held at Al-Harthia
detention centre, where he has been ill-treated.
Mr. Shelal received one visit by members of a
Ministry of Justice's observatory committee, who
took pictures of him, and submitted information on
his case to the Ministry for Human Rights. On 17
April 2007, the Ministry for Human Rights' prison
monitoring team conducted its own visit to Al-
Harthia. Mr. Shelal has been denied access to
leaal counsel or his family.
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113. 13/06/07 JUA WGAD; Ghasan Ibrahim Hussein, Ibrahim Mustafa
IJL; TOR Abdulrahman Ayash, a 70-year-old retired
teacher, Jamal Khalil Abdulrahman,
Mohammed Khalid Ahmed, Kamal Ribhi
Asa'ad, Ra'fat Mohammed Awath, and Salih
Mustafa Lutfi, all of whom are Palestinian
refugees. The seven men were among a group of
Palestinians, who were arrested on 13 and 14
March 2007 at the compound Al-Baladiyat in
Baghdad. The arrests were carried out by the 4th
Brigade of the special forces of the Ministry of
Interior, and police officers from Al-Rashad Police
Station. They were supported by MNF-l troops.
The men were initially detained in Al-Rashad
Police Station. Starting on 23 March 2007, the
Ministry of Interior began to transfer them to the
Serious Crimes Unit detention facility in Al-
Adhamiyah, and from there to the Serious Crime
Unit - Eastern Canal (the former Al-Hakimiyah
Directorate) in Baghdad, where they are currently
detained. Both detention facilities are run by the
Ministry of Interior. The detainees are shifted
back and forth between the two facilities. On 24
April 2007, upon an order of the competent judge
attached to the Serious Crimes Unit at Al-
Adhamiya, these men were transferred to the
Serious Crimes Unit - Eastern Canal. They were
interrogated and ill-treated for four hours, then
returned to Al-Adhamiya. On 29 April 2007, the
authorities sought to transfer the detainees again
to the Serious Crimes Unit - Eastern Canal,
however, their lawyer successfully instituted legal
proceedings to prevent the transfer. The transfer
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took place on 2 May 2007. On 8 and 9 May 2007,
the detainees' lawyers went to the Serious Crimes
Unit - Eastern Canal to provide their clients with
food and money, but were prevented by the
officers from meeting with them. On 9 May 2007,
one of the lawyers was detained for two hours by
the officials. The detainees are charged with
terrorism related crimes. Until the end of May,
none of them have been allowed to receive visits
from their lawyers or families. In the absence of
any incriminating evidence against them the
competent judge would have been willing to issue
a decision for their release on 24 April 2007.
However, the judge declined to do so for fear of
reprisals and ordered their transfer to the Serious
Crimes Unit — Eastern Canal. It is alleged that the
investigating officer, together with another, were
involved in fabricating evidence against them.
Photomontages were made of the detainees
holding explosives for use as evidence. After their
interrogation and ill-treatment at the Serious
Crimes Unit — Eastern Canal on 24 April 2007,
two of the detainees, Mr. Ghasan Ibrahim Hussein
and Mr. Jamal Khalil Abdulrahman, were severely
ill-treated again by the investigator to extract false
confessions.
114.
13/06/07
JUA
WGAD;
Jihad Mahmoud Humadi al-Dulaimi, Munther
IJL;
TOR
KhudairAbbass al-Dulaimi, Talal Khudair
Abbass al-Dulaimi, Abd al-Karim Shaker
Mahmoud al-Akeedi, Omar Abbass Jawad al-
Ta'ee, Ra'ad Sabar Najim al-Dulaimi, Bashar
Latif Hameed al-Dulaimi, Mustafa Latif
Hameed al-Dulaimi, Omar Jihad Abd al-Jabar
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al-Dulaimi, Ahmed Jasim Mohammed al-
Jubouri, OmarAbbass, Abed Baker Abed, Ali
Sa'eed Al-Azawi, Esam Satar Mahmoud al-
Dulaimi, Mus'ab Ali Enad al-Azawi, Salah Aarif
Alwan al-Azawi, Majid Hameed Sabri Sultan,
Ahmed Abbass Mahmoud al-Akeedi, Ali
Abbass Mahmoud al-Akeedi, Qusai Numan
Khathim Shihab, Alaaldeen Hussein Khathim
al-Marsoumi, Amer Majid al-Janabi, Thair Jalal
Mohammed, Ali Nasir Kareem al-Nidawi,
Waleed Mohammed Abd al-Shujairi, Mustafa
Mohammed Abd al-Shujairi, Ahmed Abdal-
Khaliq Younis al-Hariri, Hameed Hussein
Alwan Jadoo al-Obaidi, and Ali Ewaied, all of
whom are Sunni men, aged between 20 and 30
years. The above-mentioned persons, together
with about 20 to 24 other young Sunni men, who
have since been released, were arrested on 3
March 2007 at about 1.30 a.m., by Iraqi Army
Forces in Al-Shamasiya district, Al-Sulaik area,
Baghdad. While Multi-National Forces in Iraq
(MNF-l) cordoned off the area, the Iraqi forces
carried out the arrests and searched their homes.
It is not known whether an official arrest warrant
was shown. 1 .5 million Iraqi dinars were taken by
the forces from one of the searched homes. The
arrested persons were transferred to the Iraqi
army investigation centre, which is located in the
security school in the Sader al-Qanat area. While
the first group of detainees was released on 4
March 2007, the remaining 29 detainees were
transferred to an undisclosed detention centre of
the National Police Force of the Ministry of
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Interior, possibly in the Al-Qanat area. There is a
release order for at least some of the detainees
issued by a competent judge about a month ago.
It is not clear whether the release order covers all
of the detainees or just some of them, but no
detainee has as of yet been released. Some of
the detainees' families are still unable to visit their
relatives. The family members were told that they
could make their visits only after the court
proceedings .
115. Italy 17/10/07 AL TOR Nassim Saadi, a Tunisian resident of Italy. He
was acquitted of terrorism charges in Italy in May
2005. In August 2006, the Italian Minister of
Interior ordered his deportation under the so-
called “fast track procedure”, which can be used
for terrorism suspects and denies them the right to
remain in Italy while their appeal against
deportation is considered. Mr. Saadi appealed to
the European Court of Human Rights, claiming
that he will be at risk of torture if returned to
Tunisia. In July 2007 the Government argued
before the Court that promises to treat Mr. Saadi
humanely made by the Government of Tunisia
reduced the risk that he might be subjected to ill-
treatment.
116.
Jordan
13/06/07
JUA
IJL; TOR
Issam Mahamed Taharal-Barquaoui al-Uteibi,
By letter dated 26/07/07, the Government
a 49-year-old writer and theologian, detained at
informed that Mr. Al-Baraqaoui is neither a writer
an unofficial place of detention. He was arrested
nor a theologian as he has not acquired any
on 5 July 2005 following an interview with Al-
academic or intellectual qualifications in these
Jazeera, in which he criticised the U.S. occupation
areas. Conversely, he is well known for his radical
of Iraq. The Vice Prime Minister indicated in a
ideas and extreme statements which constituted a
public statement that he was charged with
platform that has been widely used by many
“contacts with foreign entities considered
radical groups around the globe propagating
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terrorist”. He was then held incommunicado for
more than a year, at which point the General
Intelligence Directorate finally allowed his family to
visit him. Mr. Al-Uteibi was repeatedly ill-treated
while in detention. Notably he was severely
beaten in his cell on 25 April 2007 because he
asked to see a judge or be released. He went on
a hunger strike on 15 May 2007 to protest his
detention without a judicial decision and his lack
of access to a lawyer. Mr. Al-Uteibi had been
arrested already on 28 November 2002 together
with 11 other persons and accused of “plotting to
commit terrorist acts”. He was acquitted by the
State Security Court on 27 December 2004.
However, after the acquittal he was transferred to
a secret detention centre, where he was held
without new charges until 28 June 2005. He was
repeatedly ill-treated while in secret detention.
hatred and intolerance. He was arrested after an
arrest warrant that had been issued by the public
prosecutor on charges of conspiring with the
objective to commit terrorist acts. At the time of
arrest, he was promptly informed of the charges
against him and had been shown the arrest
warrant as required by Article 9(2) of ICCPR. Mr.
Al Baraqaoui was not deprived of the right of the
visit by his family members or any national or
international human rights organization. Indeed,
he has been granted the right to be visited like any
other inmate in the correctional and rehabilitation
centre. Representatives of the ICRC and the
National Centre for Human Rights have been
visiting him regularly. As for the legality of his
arrest, it was according to the applicable laws and
regulations, and he has a lawyer who is acting on
his behalf and communicating with him.
117.
23/10/07
JAL
RINT;
SUMX;
TOR
Ala' Abu Utair and approximately 2100
prisoners held at Siwaqa Correction and
Rehabilitation Centre. In July and August 2007,
they were subjected to repeated beatings with
truncheons, electrical cables and steel balls
attached to steel chains by about 300 officers of a
“special police force”. The officers entered the
cells, dragged out the prisoners and beat them in
the adjacent courtyard. The prisoners did not
receive any medical care following these beatings,
although some were severely injured. Several
prisoners were unable to walk because of injuries
to their legs. Two prisoners, one of them ‘Ala' Abu
‘Utair, died as a result of the ill-treatment. During
the same period, the Muslim prisoners who had
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beards were forcibly shaved and subjected to
other restrictions, e.g. they were not allowed to
leave their cells 24 hours per day. Starting in
September, the situation improved slightly in
terms of access to food, to family members, and
exercise. The prison director was removed.
However, no investigations into the allegations of
the deaths in custody or torture were initiated and
none of the perpetrators were brought to justice.
118.
Kazakhstan
19/10/07
AL
TOR
Bolgonbaev Salavat Zhomartovitch, aged 28,
formerly resident in Almaty, and presently
detained at a correctional facility in Almaty oblast.
Mr. Bolgonbaev was detained on 31 August 2006
in the afternoon at the intersection of Auezov and
Abay streets in Almaty. He was apprehended, put
in a police car and driven around the city for about
an hour before being taken to the city department
of internal affairs. During that ride, two police
officers beat him inside the car while he remained
handcuffed. Between 1 and 8 September2006,
while he was in the investigators' offices, he was
beaten with hands and different objects on various
parts of his body, needles were pushed under his
nails, plastic bags were put over his head and he
was threatened with rape in order to extract a
confession for the murder of a foreign journalist.
On 10 September2006, Mr. Bolgonbaev was
transferred to the Ministry of Justice pre-trial
detention center in Almaty, where he remained
until the appeal court rendered its decision in
September 2007. In mid-December 2006, Mr.
Bolgonbaev was taken from the pre-trial detention
facility to the city department of internal affairs for
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additional investigation. In the office of the
investigator he was heavily beaten by an
investigator to punish him for having revoked his
previous confession during the trial. In May 2007,
Mr. Bolgonbaev was found guilty on charges of
robbery and unpremeditated murder and
sentenced to 13 years in prison. His appeal for
reversing the lower court decision was denied by
the Supreme Court on 4 September 2007.
According to a medical examinations carried out
by different doctors between 1 and 8 September
2006, and 15 December2006, injuries
documented included bruising on his arms,
collarbone, shoulder, back, forehead and face,
chest, legs and stomach. Around 10 September
2006, during a first meeting with the prosecutor,
Mr. Bolgonbaev alleged that he had been ill-
treated. The Almaty internal affairs department
(the same department to which the alleged
perpetrators belonged to) carried out an internal
investigation and concluded that the allegations
were unfounded. However, the investigation
merely consisted of Mr. Bolgonbaev being asked
to identify his torturers in a face-to-face meeting.
During this “investigation” Mr. Bolgonbaev, for fear
of further torture, withdrew his allegations. In
September 2006, Mr. Bolgonbaev submitted
complaints to the Prosecutor General of, to the
Presidential Commission on Human Rights, and
the Ministry of Internal Affairs. No replies were
received. Despite of the forensic evidence and
several witnesses who stated that they had seen
Mr. Bolgonbaev return to his prison cell thorougly
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beaten-up after interrogations by police, the court
used the results of the internal investigation to
refute the allegations of ill-treatment and to
conclude that all evidence collected against him
was obtained lawfully.
119. Kenya 14/02/07 JUA IJL; TERR; Detention of over 70 persons, Kenyans and
TOR non-Kenyans. During the month of January 2007,
about 70 individuals of Kenyan and other
nationalities were arrested by units of the Kenyan
Police apparently for terrorism-related reasons. A
significant number of these individuals have been
held or continue to be held incommunicado.
Information has been received about Bashir
Ahmed Makhtal, a 42-year-old Canadian citizen,
born in Dagahbur, Ogaden, Abdi Abdulahi
Osman, a 41-year-old Somali citizen, born in
Gunagado, Dagahbur, Ogaden, Ali Afi Jama, a
33-year-old Somali citizen, born in Godey,
Ogaden and Hussein Aw Nuur Gurraase, 35-year-
old Somali citizen, born in Gunagado, Ogaden, all
trading in second-hand clothing. On 31 December
2006, the four men were arrested by Kenyan
authorities, who suspected them to be terrorists.
The arrests were conducted on the basis of
provisions of an anti-terror bill which has not yet
been adopted. The four men were held in custody
for three weeks without official charges. For two
weeks the authorities interrogated them in the
absence of lawyers, or Canadian Embassy
officials for Mr. Makhtal. He was denied access to
the Canadian High Commission for the first two
weeks, and only on 15 January 2007, was he
aranted a brief meetina with a Canadian Hiah
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Commission official and a lawyer his family had
hired for him. On 21 January 2007, the four men
were transferred to the Ethiopian armed forces in
Mogadishu without any legal basis and without
having been given the opportunity to appeal the
transfer.
120.
Kuwait
16/02/07
AL
TOR
Zhiya Khassem Khammam al-Hussain, a 40-
year-old Iraqi citizen, resident in Al-Farounania
Kuwait, currently in detention in Saudi Arabia. On
15 January 2007, Mr. Al-Hussain was arrested at
his home by approximately 20 state security
service agents (Amn Addaoula), his home was
searched, and he was taken to the state security
headquarters under the Ministry of Interior. At the
detention facility, he remained for one week and
was repeatedly beaten by sticks on the soles of
his feet and on other parts of the body, hung from
the ceiling by his wrists and threatened with
expulsion to Iraq, although he does not have any
family or other links there. As a result, his body
bears numerous traces of the treatment, such as
swelling in his face, bruises and traces of lashing.
He was then transferred to an administrative
detention centre where foreigners are held before
they are expelled from Kuwait. On 31 January
2007, without any judicial procedure, he was
deported to Riyadh, Saudi Arabia, where he is
currently detained in a detention centre of the
Ministry of Interior.
121.
Kyrgyzstan
02/05/07
JAL
HRD; TOR;
BektemirAkunov, a member of the movement
“For the Worthy Future of Kyrgyzstan”, based in
Naryn. On 13 April 2007, at approximately 7.30
p.m., Mr. Akunov was arrested by police, without
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a warrant, and taken to the Naryn department of
internal affairs where he was detained. The
following day, Mr. Akunov was found dead in his
cell. The official explanation given was that he
committed suicide by hanging himself with his
shirt. On 16 April 2007, the preliminary results of
a postmortem examination conducted at Naryn
Hospital revealed that he died of asphyxiation.
However, there were wounds and clear signs of
beatings on his body. Mr. Akunov was arrested
for his alleged involvement in persuading heads of
local authorities to join the opposition .
122. 15/05/07 JAL SUMX; Akylbek Sakeev, aged 48, from Naryn. On 22
TOR November2006 at 7.15 p.m., he was arrested at
home by two officers from the city department of
Naryn police on suspicion of having stolen a calf.
He was taken to the city department of internal
affairs of Naryn, where he was heavily beaten on
his head, torso and legs with hands and objects
by five officers, including two majors, a captain,
and a senior lieutenant. Three hours later an
ambulance was called to the police station. On 23
November 2007, he died in hospital without
regaining conciousness. The autopsy showed that
five ribs were broken, as well as both legs below
the knees, that his skull was fractured (with a
piece of a skull bone damaging the brain) and that
his internal organs were damaged. He also had
bruises all over his body. The police stated that,
when they found Mr. Sakeev on the street, he was
already in a coma. In late November or early
December 2006, the police unofficially offered
US$ 6000 to the victim's family, which they
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accepted. On 25 November 2006, the city
prosecutor's office for Naryn opened an
investigation into the death of the victim. In early
January 2007 a forensic examination of the report
from the initial autopsy concluded that the
damage to the head, which caused Mr. Sakeev's
death, had been sustained prior to the detention.
Based on the result of that examination, combined
with a vague testimony of the victim's brother
obtained in unknown circumstances, the
prosecutor's office concluded that the cause of the
victim's death was natural and therefore the case
was closed “for lack of evidence” on 22 January
2007. Subsequently, the regional prosecutor's
office examined this decision as a matter of their
routine review of all dismissed cases. On 14
February 2007, it returned the case back to Naryn
city prosecutor's office requiring an additional
investigation into the facts of Mr. Sakeev's death.
The alleged perpetrators continue to work in the
police and one of them recently received a
promotion.
123.
18/05/07
JAL
EDU; TOR
Children's psychiatric hospital in lvanovka
village, Chuy region. The hospital has a patient
population of 27 children, 80 percent of whom are
orphans, and who previously stayed in other state
orphanages. The children are not allowed to go
outside sometimes for months on end, and look
pale, emaciated and malnourished. The food is
insufficient. Several of the children are not
mentally ill, but are detained simply because they
have no papers or guardians or because the
personnel at another facility disliked their
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behaviour. Some of the children have been at the
clinic for four or more years. Corporal punishment
is regularly used. The nurses punish the children
by tying them to radiators or chairs for many
hours. Sometimes the children are forced to sit
down on the floor with their hands bound behind
their back, their feet tied together, and with their
heads tucked between their knees. Another form
of punishment is forcing the children to stand still
for long periods with their hands tied behind their
backs with short breaks during meals. As a result
of ill-treatment, half of the children have bruises
and marks from being bound. The drug
“aminazin”, which has strong side-effects, is
regularly used as means of punishment. Some
children suffer from tuberculosis and receive no
medication, and are not separated from the
others. One 12-year-old girl had a groin hernia
and suffered from severe pain, and did not receive
any treatment. There is no running water in the
facility. The children drink the water from the same
container in which they wash. All the children
sleep in one overcrowded room. They have no
access to education or any means of
communication with the outside world. Threats of
being sent to lvanovka hospital are apparently
being used to intimidate children in other
orphanages in Chuy region.
124.
05/07/07
AL
TOR
Otabek Muminov, aged 34, born in Tashkent. An
alleged Hisb ut Tahrir member, he fled from
Uzbekistan to Kazakhstan in 2001 and later to
Kyrgyzstan. He was detained in Osh on 28
November 2006. On 20 March 2007, he
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addressed a request for asylum to the state
committee on migration and employment, which
was denied. On 1 June 2007, he was extradited to
Uzbekistan.
125.
05/07/07
JUA
WGAD;
IJL; TOR
Mukumdzhon Makhmudov, aged 43, currently in
custody of the committee of state security in Osh.
He was arrested around the end of June 2007 by
officials of the Kyrgyz committee of state security
in the city of Jalalabad. The charges against him
include terrorism, sabotage and the establishment
of a criminal organization under Sections 155, 161
and 242 of the Criminal Code for his involvement
in Hizb ut Tahrir. Mr. Makhmudov faces
extradition to Uzbekistan. The authorities deny
him access to a lawyer and his arrest has not
been confirmed by court. The committee on
migration and employment, the state body
responsible for registration of asylum claims, has
not responded to an interview request of Mr.
Makhmudov and he is therefore unable to file an
asylum claim. UNHCR is equally denied access to
Mr. Makhmudov.
126.
Follow-up
to past
cases
R. I. (A/HRC/4/33/Add.1, para. 131).
By letter 22/03/07, the Government informed that
it has been reliably established that, on 9 July
2006, the internal affairs and national security
bodies of Jalalabad province conducted a special
operation to arrest persons suspected
of committing terrorist acts and other serious
offences. During the special operation, RI., whose
husband, D. Abdrashitov, is a member of a
terrorist group, provided law enforcement bodies
with knowingly false information concerning the
absence of strangers in the house on 25
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Kuznechnaya St. in Jalalabad, in Jalalabad
province of Kyrgyzstan. This enabled the criminals
to open fire, as a result of which the deputy chief
of the Jalalabad province internal affairs office, S.
Mamytov, and operations officers Z. Shermatov
and M. Zhanybekov received serious gunshot
wounds and were hospitalized. The group that
had put up resistance subsequently fled the
scene. During the search of the aforementioned
domicile, one RG-5 hand grenade, one
Kalashnikov AK automatic rifle with 178 cartridges
and one IZH-18 rifle with 17 cartridges, as well as
45 books, 12 audio cassettes and 17 compact
discs with religious extremist content, were
confiscated. The procurator's office instituted
criminal proceedings in connection with this
incident, and RI. was arrested on the basis of
article 94 of the Code of Criminal Procedure of
Kyrgyzstan. She was accused of committing a
number of offences. In the case of RI., the
preventive measure of remand in custody was
chosen. In the course of the investigation, the
parents of RI. stated that their daughter had had
psychological problems since childhood. At
present, RI. is undergoing forensic psychological
testing; on 23 August 2006, when her health
deteriorated, RI. was taken to the gynaecological
department of Tashkumyr city hospital, where an
incomplete abortion was performed owing to the
threat of a miscarriage .Neither the procurator's
office nor other law enforcement bodies have
received written or oral complaints from RI. or her
relatives concerning RI's beating by police
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officers. RI. has stated that she does not know
the chief of the internal affairs office, that neither
he nor other internal affairs officers beat her, and
that her miscarriage was not related to the actions
of law enforcement bodies. According to the
information provided by Tashkumyr Hospital, RI.
miscarriage was caused by psychological stress;
there were no indications that she had been
subjected to violence. She was placed in a
psychiatric hospital where she received the
necessary medical care. On 6 October2006, the
Jalalabad procurator's office decided not to
institute criminal proceedings owing to the lack of
evidence that the police officers had committed an
offence. This decision was well-founded, and no
reasons have been adduced for rescinding it. It
has not been established that RI's rights, either
at the time of her arrest or during the investigation,
were violated. Considering that RI. was accused
of committing particularly serious offences and
that, as a result of her actions, officers of the
Jalalabad province internal affairs office received
serious bodily harm, there is no provision in
Kyrgyzstan's national legislation that would make
RI. or members of her family eligible for monetary
or other compensation.
127.
R. G. D. (AIHRCI4I33IAdd.1, para. 131).
By letter dated 22/03/07, the Government
informed that on 23 April 2005 the investigation
department of the Issyk-Kul district internal affairs
office of Issyk-Kul province of Kyrgyzstan
instituted criminal proceedings on the basis of
evidence of an offence contrary to article 129,
paragraph 1 (Rape), of the Code of Criminal
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Procedure of the Kyrgyz Republic. In accordance
with the requirements of Kyrgyz criminal
procedural legislation, a police line-up of suspects
was held, during which R.G.D. identified the
perpetrator. Forensic medical and biological
examinations were ordered. Subsequently, an
investigator of the district internal affairs office
repeatedly took unwarranted decisions to
terminate criminal proceedings against the
perpetrator on the grounds of lack of sufficient
evidence. The Issyk-Kul district procurator's office
made a recommendation to the Issyk-Kul
provincial internal affairs office concerning the
investigator; as a result, he was subjected to a
disciplinary measure, which took the form of a
reprimand. On 20 December2006, the perpetrator
was indicted for the commission of an offence
contrary to article 129, paragraph 1, of the Code
of Criminal Procedure and was placed under
house arrest. On 23 December 2006, he was
arrested and, on the basis of article 94 of the
Code of Criminal Procedure, placed in pretrial
detention. On 21 December2006, the criminal
case involving the rape of R.G.D. was referred to
the Issyk-Kul interdistrict court, where it is being
heard. With regard to the enquiry concerning
“bride-kidnapping” in Kyrgyzstan, the following
information is provided. In 2006, 73 statements
and communications from citizens concerning the
coercion of women into marriage were registered.
With regard to 57 of the reported incidents,
investigators of internal affairs offices took
decisions not to institute criminal proceedings
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Vasiliy Grilyanov, in preliminary detention at
Riga Central Prison since December2006. Mr.
Grilyanov is alleged to be suffering from severe
spinal atrophy and has been officially recognised
as a “1st group invalid. In spite of his illness, he
has not been receiving any special assistance in
the prison, which means that he can go to the
toilet and wash himself only occasionally. Guards
or other members of staff do not come to his cell
for several days in a row, and therefore he does
not receive food and water regularly. Mr.
Grilyanov has not received medical treatment or
any medication for his condition, which causes it
to deteriorate further and exacerbate his pain. He
has filed complaints with the prison administration,
prison doctors and the prosecutors office, but has
not received any reDlies.
because citizens withdrew their original
statements. Criminal proceedings were instituted
in connection with the remaining 16 incidents. The
results of investigations of nine incidents were
referred to the courts (in five cases, the courts
handed down the verdict of guilty, four cases are
still being heard). In two criminal cases, the
investigation was suspended in connection with
the search for the accused persons. Five criminal
cases are being investigated. For the period under
consideration, no criminal cases have been
terminated and no defendants have been
acquitted by the courts.
By letter dated 30 April 2007, the Government
replied that it was unable to identify the person
who was the subject of the Special Rapporteur's
communications.
128.
Latvia
15/03/07
JUA
HLTH;
TOR
129.
Lebanon
31/05/07
JUA
WGAD;
TOR
MudharAbdulkareem
Irakienne, age de 51
détenu a l'hOpital de
al-Khirbit, de nationalité
ans. II est actuellement
Ia prison Al-Hayat a Am
Parune lettre datée du 31/07/07, le
Gouvernement a répondu que le 20 juin 2007 le
dénommé Mudhar Abdulkareem Al — Khirbit, né
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Remaneh, Beirut. M. Al-Khirbit se serait enfui
d'lraq avec quelques membres de sa famille en
2004 après une attaque aérienne sur sa maison a
Ramadi en avril 2003, qui aurait tue 21 membres
de sa famille. II aurait été arrêté le 19 janvier 2007
par des policiers libanais près de Masnaa alors
quil était en train de traverser Ia frontière entre Ia
Syrie etle Liban. Cette arrestation était basée sur
un mandat d'arrêt d'INTERPOL. Bien que le Liban
n'ait pas ratifié Ia Convention relative au statut
des refugiés de 1951, M. Al-Khirbit aurait fait une
demande dasile. Le Gouvernement de l'lraq
aurait demandé son extradition en mai 2007. M.
Al-Khirbit serait un homme d'affaires et le chef
sunnite de Ia tribu Dulame a l'Ouest de l'lraq. II
serait soupconné d'avoir finance et de soutenir
des activités terroristes en Iraq. M. Al-Khirbit
risquerait d'être renvoyé en Iraq.
en 1956, de nationalité iraquienne, a été conduit a
l'hOpital Al - Hayat pour y obtenir des soins.
L'intéressé a été garde a l'hOpital a Ia demande
de Ia brigade de Baadba (ordre telegraphique n°
5976 en date du 13 mars 2007). II a été place
dans une chambre individuelle et a eu Ia
possibilité d'utiliser le téléphone pendant une
demi-heure chaque jour. Le 14 mai 2007, un
mandat d'arrêt émanant du Procureur général
près Ia courd'appel, M. Said Mirza, a été expédié
contre le dénommé Mudhar Abdulkareem Al —
Khirbit. Le 7 juin 2007, l'administration de l'hOpital
Al — Hayat a présenté un rapport medical établi
par le médecin qui avait soigné l'intéressé depuis
le 25 janvier 2007, indiquant qu'en raison de son
état de sante, ce dernier avait besoin d'un suivi
constant.
130.
04/07/07
UA
TOR
M. Yehya Mohammad Aziz Alajaf, ägé de 26
ans, citoyen irakien. Reconnu réfugié sous Ia
Convention relative au statut du refugié de 1951,
M. Alajafserait actuellement détenu par le service
de Ia Süreté Générale a Beyrouth. Sa deportation
en Iraq serait imminente. Debut octobre 2006, il
aurait été informé par un voisin que trois hommes
armés étaient venus a bord dune Opel Vectra et
avaient pose des questions sur lui. Trois jours
plus tard, cette même voiture aurait suivi M.
Alajaf, mais il aurait pu s'enfuir. II aurait aussi recu
une lettre d'un groupe armé inconnu le menacant
dêtre tue s'il refusait de payer 20000$. Suite a
ces menaces, M. Alajaf aurait quitté l'lrak pour
aller au Liban, oü il serait arrivé en octobre.
Par une lettre datée du 27/08/07, le
Gouvernement a répondu que Ia Direction
Générale des Forces de Sécurité lntérieure n'a
pas de renseignement au sujet du dénommé Yehy
Mohammed Aziz Alajaf.
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Auparavant, M. Alajafs'était enfui au Liban en
1999 oü ii avait été reconnu refugie, mais aurait
ensuite été déporté en Syrie, puis en Iraq.
Vraisemblablement on l'aurait ciblé parce que,
ayant des relations aux Etats-Unis et d'origine
ethnique kurde, il serait percu comme
sympathisant de l'invasion de l'lraq et de Ia
presence militaire internationale en Iraq.
131. 03/10/07 JUA IJL; TOR Ghassam Sulayman al-Sulaiby, ägé de 46 ans,
comptable, demeurant a Baabda, Sibani-Al
Ouarouar, Mohamed Ghassan al-Saulaiby, ägé
de 21 ans, collegien, son fils, demeurant a
Baabda egalement, Ibrahim Sulayman al-
Sulaiby, ägé de 37 ans, demeurant a Baabda,
Siradj Eddine Mounir Sulayman al-Sulaiby, ägé
de 25 ans, pätissier, demeurant a Baabdi, Zyad
Tarek Yamout, ägé de 27 ans, comptable,
demeurant Corniche Al Mazraa, Youcef Mounir
Koubrously, ägé de 23 ans, demeurant avenue
principale, Camp de Sabra, Safy Ibrahim al-
Arab, ägé de 26 ans, chauffeurde camion,
demeurant Corniche Al Mazraa, Route neuve,
Ahmed Issam Rachid, ägé de 23 ans,
palestinien, demeurant au Camp de Sabra,
Carrefour du centre pour les personnes ägées et
Ali Amine Khaled, ägé de 21 ans, demeurant Ard
Jelloul, Camp de Chatila. Ghassam Sulayman Al
Sulaiby, Mohamed Ghassan Al Saulaiby et
Ibrahim Sulayman Al Sulaiby auraient été arrêtés
a leur residence par les services de
renseignement militaire le 31 mars 2006 vers
21 hOO. Siradj Eddine Mounir Sulayman Al Sulaiby
et Zvad Tarek Yamout auraient été arrêtés ar les
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services de renseignement milita ire le 2 avril 2006
au domicile de M. Ghassan Sulayman Al Sulaiby.
Safy Ibrahim Al Arab et Ahmed Issam Rachid
auraient été arrêtés le 3 avril 2006 a leurs
domiciles respectifs. Ali Amine Khaled aurait été
convoqué au siege du ministère de Ia defense, oü
il se serait rendu le jour même et oü il aurait été
arrêté immédiatement. Toutes ces arrestations
auraient eu lieu sans mandat de justice et sans
que les motifs ne soient notifies. Toutes les
personnes mentionnées ci-dessus auraient été
emmenées au siege du ministère de Ia defense a
Beyrouth oü elles auraient été détenues au
secret. Au bout de 15 jours, elles auraient été
transférées a Ia prison civile de Roumié. Au cours
de leur detention au secret au ministère de Ia
defense, ces personnes auraient été battues a
coups de poing et de pied sur toutes les parties
du corps et fait l'objet d'insultes et de menaces.
Elles auraient aussi été contraintes de rester
debout contre un mur durant de longues périodes
ou assises parfois pendant plusieurs jours sur un
petit tabouret. Elles auraient aussi été privées de
sommeil. Le but de ces traitements aurait été de
leur faire faire des aveux ou des temoignages.
Ghassan Sulayman Al Sulaiby aurait fait l'objet de
chocs electriques, des electrodes étant branchées
surses parties genitales pendant l5jours, en
presence de son fils. II aurait aussi été force
d'assister aux séances de mauvais
traitements pratiques surson fils. Ils n'auraient
pas eu accès aux soins médicaux pendant leur
detention a Ia prison et le juge d'instruction aurait
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refuse de déférer a leur demande de designation
d'un expert medical pour les examiner et
constater les traces de mauvais traitements qu'ils
auraient subis. Mohamed Ghassan Al Sulaiby
aurait été libéré au mois d'aoüt 2006. Leurs
procès seraient actuellement en cours devant le
tribunal militaire de Beyrouth, en dépit du fait que
les personnes mentionnées ci-dessus ne seraient
pas militaires et que les charges ne
constitueraient pas des infractions a caractère
______ _____________ ___________ ______ ___________ militaire .
132. 04/10/07 JUA IJL; TOR Houssam Issam Dallal, ägé de 21 ans, étudiant
a l'Université de Beyrouth, demeurant a Tripoli,
arrêté le 1 er avril 2007 a son domicile par les
services de renseignement militaire, Naif Salem
al-Baqqar, ägé de 23 ans, étudiant a l'Université
de Sidon (Tripoli), convoqué le 23 mars 2007 par
les services de renseignement militaire et arrêté
lorsqu'il s'est présenté a cette convocation,
Mahmoud Ahmed Abdelkader, ägé de 29 ans,
mécanicien auto, arrêté le 31 mars 2007 près de
son domicile a Al Qubba (Tripoli), Ahmed Faycal
Arradj, ägé de 24 ans, fonctionnaire, arrêté le 31
mars 2007 a 12 heures sur le lieu de son travail a
Akkar (Tripoli), Billal Ahmed al- Badwi Assayed,
ägé de 30 ans, comptable, arrêté a son domicile
le 4 mars 2007, Assad Mohamed al-Nadjar,
palestinien, né au Liban ägé de 32 ans, employé
dans une entreprise de construction, arrêté a son
domicile a son retour du travail le 2 avril 2007,
Omar Azzedine al-Ali, ägé de 33 ans, chauffeur
de taxi, arrêté a son domicile le 23 mars 2007,
Omar Mohamed Ghenoum. äcie de 28 ans.
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comptable, arrêté le 31 mars 2007 sur son lieu de
travail, Ahmed Mohamed Ghazi al-RatI, ägé de
34 ans, arrêté a son domicile le 31 mars 2007 et
Tarek Mamdouh al-Hadjamine, ägé de 24 ans,
menuisier, arrêté a son domicile le 31 mars 2007.
Ils demeurent tous a Tripoli. Toutes les personnes
précitées auraient été arrêtées par les services de
renseignement militaire dans le courant du mois
de mars et au debut du mois d'avril a Tripoli sans
mandat de justice et sans que les motifs ne soient
notifies aux prévenus. Tous les individus auraient
été détenus d'abord au siege regional des
services de renseignement de l'armée de Tripoli
et transférés quelques jours plus tard au siege du
ministère de Ia defense a Beyrouth oü leur
detention au secret se serait poursuivie pendant
une période allantjusqu'a une quinzaine de jours.
Au cours de ces detentions au secret, ils auraient
tous été battus soit a l'aide de batons soit avec un
tuyau en caoutchouc sur toutes les parties de
leurs corps. Tous auraient été privés de sommeil
durant parfois plusieurs jours de suite ainsi que de
se rendre aux toilettes pour leurs besoins
naturels. Egalement ils auraient été contraints a
rester debout contre un mur durant de longues
périodes ou assis plusieurs jours sur un tabouret.
Ainsi Naif Salem Al Baqqar aurait été oblige de
rester assis sur un tabouret pendant six jours
ininterrompus. II aurait été violemment battu des
qu'il aurait montré un signe de faiblesse ou de
fatigue. II aurait ensuite été pendu au plafond par
les poignets durant plusieurs heures et menace
par les militaires de faire venir son épouse pour Ia
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violer. Omar Azzedine Al Ali aurait egalement,
malgré son état de sante deficient, été contraint
de rester debout durant 48 heures, puis assis sur
un tabouret durant trois jours consécutifs et enfin
pendu par les poignets lorsqu'il serait tombé
évanoui sur le sol. II aurait également été menace
de viol ainsi que son épouse. Certains auraient
recu des coups de batons sur Ia plante des pieds.
A l'issue de leur detention au siege du ministère
de Ia defense, ils auraient été présentés devant
un magistrat militaire qui les aurait inculpés de
tentative de constitution de groupe armé et
d'atteinte a Ia süreté de l'état. Ils auraient ensuite
été transférés dans une division spéciale de Ia
prison de Roumié oü ils se trouvent actuellement.
Ils auraient été privés de soins en dépit des
blessures subis. Le juge d'instruction militaire
sollicité par plusieurs d'entre eux pour designer un
expert medical a l'effet d'établir les mauvais
traitements dont ils auraient fait l'objet, aurait
refuse leur requete. Toutes les personnes
précitées font actuellement l'objet de poursuites
pénales devant le tribunal militaire de Beyrouth en
dépit du fait qu'ils soient tous civils et que les faits
qui semblent leur être reprochés par Ia juridiction
militaire ne constituent pas des infractions a
caractère militaire.
133.
17/10/07
JUA
IJL; TOR
Mahmoud Abou Rafeh, ägé de 60 ans. Le 7 juin
2006, aux environs de 5 heures, plusieurs
hommes en civil auraient percuté Ia voiture de M.
Mahmoud Abou Rafeh. Ils l'auraient emmené en
laissant Ia voiture sur le lieu de l'accident. M.
Mahmoud Abou Rafeh aurait été conduit au
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centre de detention du Ministère de Ia Defense a
Beirut, oü ii aurait été détenu pendant plusieurs
jours sans que cette situation n'ait été notifiée a
sa famille. On Iui aurait dit ensuite qu'iI avait été
arrêté par les services de sécurité de I'armée car
on le soupconnait d'être membre d'un réseau
libanais agissant dans l'intérêt des services de
sécurité israéliens. Sa famille aurait pu effectuer
des visites sous surveillance entre juillet 2006 et
mai 2007, mais depuis mai 2007 les autorités, en
se référant aux besoins sécuritaires, leur auraient
refuse toute visite. L'avocat de M. Mahmoud Abou
Rafeh n'auraitjamais pu obtenirde permission
pour rencontrer son client. II aurait eu plusieurs
audiences devant une cour militaire sans Ia
presence de son avocat .
134. Liberia 30/07/07 JAL IJL; LIB; Ms. Oldlady Parker Geieh, aged 85, Ms.
SUMX; Kargonal Jargue, aged 75, Ms. Tuakarseh
TOR Gborgan, aged 70, Ms. Martha Suomie, aged 49
and Mr. Zaye Bonkre, aged 75, resident in
Boutou, Nimba county. In September 2006, the
Buotou Town Chief, the Zone Chief, and the Youth
Leader demanded money from various members
of the community to cover the fees of a trial by
ordeal practitioner, payment of which would save
the victims from being subjected to the trial. Thirty
four women and three men, who were unable to
pay the fee, were detained by local authorities in
Buotou. A team of witchdoctors from Cote d'lvoire,
was hired to perform the trial by ordeal. The town
authorities later claimed that the persons to be
subjected to the trial by ordeal had committed
witchcraft and were resDonsible for causina a lack
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of development and employment in Buotou. The
37 persons were then severely assaulted and
forced to sit outside in the rain and sun and were
denied food (only some received some food from
their relatives). Their heads were shaved and mud
and chilli pepper was rubbed on their heads, into
wounds caused during the beating and into the
women's vaginas. They were threatened that they
would be subjected to the “sassywood
procedure, wherein the victim must prove his or
her innocence by consuming poison without
dying, and were ordered to confess to being
witches. They were released on 24 October 2006
following the intervention of Liberia National
Police (LNP) and United Nations Police (UNPOL).
On 24 December 2006, Ms. Tuakerseh Gborgan
died in Sanniquillie, apparently as a result of the
injuries sustained during the trial by ordeal.
Hunger and lack of adequate medical treatment
may also have contributed to her death. On 24
November 2006, police arrested eight people
alleged to have participated in this procedure,
among them the witch doctor, Buotou Town Chief,
and the Zone Chief. The eight men were charged
with aggravated assault on 27 November 2006
and released on bail by the Sanniquillie
magistrate's court the same day. The Youth
Leader was not arrested. On 22 June 2007, the
witch doctor was indicted for murder in the Nimba
county circuit court. However, on 16 July, he was
acquitted after the circuit court judge granted a
defence motion to dismiss the case on the ground
that there was inadequate evidence to prove the
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charge beyond a reasonable doubt. In his
decision, the judge referred to the lack of a valid
coroner's report and forensic investigation. There
is neither a morgue nor a forensic practitioner in
Nimba county. The prosecution case had also
been weakened by a medical report it had
tendered which was inconclusive in its findings
regarding the deceaseds condition at the time she
first sought medical treatment. That medical report
had been prepared by the son-in-law of one of the
men who ordered the trial by ordeal, raising
further concerns that the available medical
evidence was neither impartial nor
comprehensive. None of the other alleged
perpetrators has been brought to justice as of
now. In accordance with the Executive Law, the
Ministry of Internal Affairs (MIA) has responsibility
for overseeing “tribal government” and
“administering the system of tribal courts” in
Liberia. The MIA's role includes the issuance of
licences to sassywood practitioners and
herbalists, among others, and it would appear that
in practice this includes authorizing instances of
trial by ordeal. Use of poison sassywood was
publicly declared illegal at the end of 2006, but, in
spite of the fact that the Ministry of Justice has
initiated some prosecutions against practitioners
of sassywood, it is reported that the Government
has failed to send a strong and unambiguous
message regarding the illegality of all forms of trial
by ordeal and other arbitrary practices.
Furthermore, MIA officials still authorize such
ceremonies to go ahead. For example, in the case
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of a farmer and security guard who lives in the P0
River area of Montserrado county, MIA officials
were going to authorize a trial by ordeal to take
place, until the Solicitor-General was seized of the
matter and the case was transferred to the office
of the county attorney in Monrovia. Judging by the
description given by MIA personnel to UN
personnel, the intended ceremony appeared to
resemble a trial by ordeal in that there was a
threat of serious harm as punishment, the
procedure was arbitrary and it was to take place in
the context of witchcraft or supernatural
phenomena. It further appears that the farmer had
been deemed to be guilty and the aim of the
ceremony was not to determine guilt or innocence
but was an attempt to prevent alleged future
crimes. He was to take an oath and consume a
substance that would punish him in the future if he
broke that oath. The ceremony, which would not
be permitted even under the Revised Rules and
Regulations of the Hinterland, clearly violates the
human rights guarantees contained in the
Constitution and the international human rights
treaties ratified or acceded to by Liberia. It is also
reported that trial by ordeal that is of a “minor
nature” and does not “endanger life” is permitted
by Art. 73 of the Regulations. Article 2 of those
Regulations provides that they are to be applied to
“such areas as are wholly inhabited by uncivilized
natives”. The discriminatory basis of the
Regulations is a breach of human rights
guarantees under the Constitution and
international treaties, such as the International
A!HRC/7/3/Add. 1
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Covenant on Civil and Political Rights, which has
been ratified by Liberia. Moreover, the
Regulations, which are subordinate legislation,
are contrary to provisions of a variety of national
legislation, including the Judiciary Law, the Penal
Code and the Criminal Procedure Law.
135. 06/08/07 JUA WGAD; G. M., a 15-year-old Sierra Leonean national,
LIB; TOR currently detained at Robertsport detention facility,
Grand Cape Mount county. G.M. was arrested on
15 June 2007 and charged with statutory (first-
degree) rape. Following a hearing at the
Robertsport city magistrate's court on 20 June
2007, he was remanded in pre-trial detention at
the Robertsport facility, which is not a national
prison and thus not run by correctional services
personnel from the Ministry of Justice. The
Superintendent is a retiree who serves in his
capacity as volunteer. Since there has been no
public defence counsel appointed to the Grand
Cape Mount county afterthe re-opening of the
court in 2006, G.M. has not had access to a
lawyer since his arrest. According to article 4.1 of
the Act “On Adopting a New Penal Law”, the age
of criminal responsibility in Liberia is 16 years. All
criminal cases involving juveniles below the age of
16 may only be handled as cases of juvenile
delinquency as provided by the Liberian Juvenile
Court Procedural Code. Furthermore, article
11.42 of the Code stipulates that “no juvenile
under the age of 16 years shall be detained or
placed in any prison, jail, lockup or a police station
except for good cause upon an order of the judge
of a iuvenile court in which the reasons therefore
A!HRC/7/3/Add. 1
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shall be specified.” Article 11.21 of the Code
provides that criminal cases involving minors
below the age of 16 are within the exclusive
jurisdiction of the juvenile courts, unless the
magistrate court assumes juvenile court
jurisdiction following a separate hearing no later
than after two weeks of detention. Neither a
separate hearing to this effect has been held in
the Robertsport city magistrate's court nor did the
Court state the grounds for the detention of G.M.
He is currently detained in a cell together with an
adult pre-trial detainee who is believed to be
mentally ill. The latter had been separated from
other detainees because he had urinated on them
and had shown other forms of behaviour
consistent with a mental illness. On 11 July 2007,
G.M. was attacked by his co-inmate who bit his
hand, leaving a deep wound. By 17 July 2007, the
injury had not been treated. The prison
superintendent did not seek authorisation from the
county attorney to take G.M. to St. Timothy's
Hospital, as he was away from Robertsport.
However, he later obtained permission from the
city solicitor and G.M.'s wound was examined and
treated, including through a tetanus vaccination,
but no HIV/AIDS post-exposure prophylaxis was
administered. G.M. also suffers from frequent
epileptic fits.
136.
Libyan Arab
13/02/07
JUA
RINT; MIG;
430 Eritrean nationals, including over 50
By letter dated 10/05/07, the Government
Jamahiriya
TOR
women and children. One hundred-thirty
informed that this information has no basis in
detainees, including several women and children,
truth. It is taken from sources whose credibility is
are detained at a detention centre in Al-Marj,
doubtful, relying as it does on reports from some
1,000 km from Tripoli, while the remaining 300 are
Eritrean nationals and non-governmental
A!HRC/7/3/Add. 1
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detained in Misratah, about 200 km from Tripoli.
The majority of the detainees are conscripts who
fled Eritrea to avoid military service. The right to
conscientious objection is not recognized in
Eritrea. Military service in Eritrea is compulsory for
men aged 18 to 40 and for women aged 18 to 27.
Military offenders are punished without due
process. The 430 individuals are facing imminent
deportation to Eritrea. During their detention,
Libyan authorities have beaten and raped or
sexually abused some detainees.
organizations. The fact of the matter is that there
are 164 Eritreans who are currently being held in
centres for illegal migrants after being caught
attempting to migrate illegally to Europe. They are
being well-treated and are provided with
humanitarian and health assistance, as witnessed
by many foreign media representatives and
delegations from States and non-governmental
organizations which have visited these camps.
Eritrean nationals come to the Great Jamahiriya,
either because they are fleeing from compulsory
military service or for other reasons. The truth is
that most of them enter Libya as a transit zone
and are bound for the northern shores of the
Mediterranean Sea. This is a breach of the laws in
force in the Great Jamahiriya. The above-
mentioned special rapporteurs should therefore
address this outrageous situation, in accordance
with their mandates, with the State of origin,
instead of directing insults and rash accusations at
the Great Jamahiriya. The repatriation of these
Eritrean nationals is an appropriate step to take,
especially as this is what most of them want after
failing in their attempt to migrate illegally to
European shores. It is important to distinguish
between persons who enter the Great Jamahiriya
illegally with a view to migrating to other States
and those who enter as refugees seeking
protection from persecution on account of their
political views, race, religion or social status. Many
people tend to confuse the two. Act No. 6 of 1987
regulates alien entry, residence and departure
from Libya. Anyone who breaches this Act will be
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arrested and detained in designated places of
detention and the competent authorities shall take
legal proceedings against them. According to the
Great Green Document on Human Rights, the
Promotion of Freedom Act and the relevant laws,
and pursuant to the International Covenant on
Civil and Political Rights and the Convention
against Torture, to which Libya is a party, the
competent Libyan authorities have no right to
extradite or repatriate an individual where there is
evidence to show that that individual will be
subjected to torture or an unfair trial. The Great
Green Document and the Freedom Act guarantee
freedom of conscience, expression and opinion
and freedom of worship. Everyone is entitled to
security of person and not to be subjected to
cruel, degrading or inhuman treatment. Article 431
of the Criminal Code prescribes a sentence of
imprisonment for public officials who use violence
against individuals. Article 435 of the Code
prescribes a term of imprisonment for any official
who commits or orders torture. Some members of
the police may use force during arrests in order to
deal with individuals who resist arrest. One police
officer has been convicted for abuse of authority.
Such cases are isolated cases and those
responsible face the most severe criminal and
disciplinary penalties when evidence of their guilt
is presented.
137.
28/06/07
JAL
SUMX;
Ismail al-Khazmi, born in 1976, was an engineer
TOR
working in the oil fields 0fAGB GAS in Melita
(Sebrata). On 17 June 2006 at 11 a.m. agents of
the internal security services (Al-Amn Addakhili)
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arrested Mr. Al-Khazmi at his place of work.
According to the statements of his co-workers, the
detaining officers neither showed an arrest
warrant nor informed him of the reasons for his
arrest. It is not known where he was taken by the
security officers. His parents repeatedly sought
information on his fate, but the authorities refused
to acknowledge that he had been detained and
thus to provide any information. It would appear,
however, that Mr. Ismail Al-Khazmi was held at
Asseka Prison in Tripoli, where he was repeatedly
severely ill-treated. On 29 June 2006, he was
again beaten and then suspended from the ceiling
in the presence and under the direction of an Al-
Amn Addakhili officer. Three furtherAl-Amn
Addakhili officers were present. In the afternoon of
29 June 2006, Mr. Al-Khazmi was taken away
from the prison in a Peugeot car, unconscious but
still alive. He has not been seen again thereafter.
On 1 May2007, Mr. lbrahimAboubekrAl-Khazmi,
the father of Mr. Ismail Al Khazmi, was summoned
to the office of the commander of Asseka Prison.
The prison commander told him that his son was
dead and asked him to sign a document in order
to obtain the remains. The father asked for
explanations concerning the death of his son and,
not having received a satisfactory reply, insisted
that an autopsy be carried out by a physician of
his choice. The prison commander refused this
request. Mr. Ibrahim AboubekrAl-Khazmi
therefore retained a lawyer, who requested
formally that an autopsy be carried out and filed a
complaint against those responsible for Ismail Al-
A!HRC/7/3/Add. 1
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Khazmi's death. The prosecutor general
summoned the officers on duty atAsseka Prison
at the time of Ismail Al Khazmi's detention to
obtain their statements. The Secretary of the
Popular Committee on General Security, who is
the secretary in charge of the Ministry of Interior,
opposed their appearance and refused to
authorise an inquiry. As of today, notwithstanding
the threats and other forms of pressure received,
Mr. I brah im Aboubekr Al-Khazmi refuses to pick
up his son's body at the morgue of the Tripoli
hospital as long as the circumstances of his son's
death are not clarified.
Al-Mahdi Humaid, Al-Sadiq Salih Humaid,
Faraj Humaid, Adil Humaid, Ali Humaid,
Ahmad Yusif al- Ubaidi, Ala al-Dirsi, Jamal al-
Haji, Idris Boufayed, Farid al-Zuwi, Bashiral-
Hans, Al-Sadiq Qashut, currently on trial for
planning to hold a political demonstration in
Tripoli, as well as Abd al-Rahman al-Qotaiwi
and Jum a Boufayed, who have disappeared
since their arrest in connection with the same
demonstration. The fourteen men listed above
were arrested on 15 and 16 February 2007 for
organizing a demonstration in Tripoli. The
demonstration aimed to mark the first anniversary
of the death of eleven people in a clash with the
police on 17 February 2006 during a protest
against the publication of the cartoons of the
Prophet Mohammed in a Danish newspaper.
Twelve of the fourteen men detained are currently
on trial for planning to overthrow the Government,
Dossession of arms, and meetina with an official
By letter dated 5/11/07, the Government informed
that these persons were accused of committing
acts that are punishable under Libyan law. They
were charged and brought before the competent
court of appeal to be tried for offences including
unlawful political activities; possession of
weapons, ammunition and explosives; and the
prohibition of alcohol. The case was heard by the
court during four sessions, the last of which was
held on 4 August 2007. No criminal verdict was
handed down in the case. The court applies the
Code of Criminal Procedures and the Libyan
Criminal Code to the defendants.
138.
17/08/07
JUA
FRDX;
TOR
A!HRC/7/3/Add. 1
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from a foreign government. According to Articles
166, 167 and 206 of the Libyan Constitution,
these men could be sentenced to death. ‘Abd al-
Rahman al-Qotaiwi and Jum'a Boufayed, who
have been arrested as organizers of the
demonstration, have disappeared since their
arrest and not been brought to court.
139. 28/08/07 AL TOR Five Bulgarian health professionals and one
Palestinian doctor (subject of previously
transmitted communications, to which your
Government had responded, see
E/CN .4/2005/62/Add.1, para.886-887 and
E/CN.4/2006/6/Add.1, para. 140). Following the
release of above-mentioned persons from
detention on 24 July 2007, Mr. Saif al-Islam, the
son of President Qadhafi, and head of the Qadhafi
International Charitable Foundation, which played
an important role in the negotiations,
acknowledged on 8 August 2007 that the foreign
medics had been tortured in custody by electricity
and had been threatened that their family
members would be also be targeted. The Special
Rapporteur recalls that by letter dated 10
December 2004 (E/CN.4/2005/62/Add.1, para.
887), the Government informed that: “the accused
persons claimed that their confessions had been
extracted under torture. The investigating
authorities looked into those claims and the
accused persons were given medical
examinations. At the same time, some police
officers who had been accused of torture were
questioned and were arraigned before the
Benahazi Criminal Court. Havina reviewed the
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charges against the police officers, the Court
determined that it did not have competence to rule
on the matter, since the offence had not been
committed within its jurisdiction. (It had occurred
in Tripoli.) The Department of Public Prosecutions
intends to refer the police officers to the Tripoli
Criminal Court, since it has competence for
hearing the case against them.” No information
has been provided concerning the details of any
investigation, medical examinations, and judicial
or other inquiries which may have been carried
out in relation to the allegations of torture. Further,
no information has been provided of any
prosecutions which may have been carried out .
Detention of asylum-seekers, including minors.
On 4 April 2007 at around 11 a.m., 33 asylum-
seekers and refugees from Myanmar were
arrested during a RELA (Peoples Volunteer
Corps) raid in Pudu market, downtown Kuala
Lumpur. They were arrested on the basis of illegal
entry or lack of proper documents. Five persons
are recognized refugees, and the others are
undergoing verification. The names of 18 of them
were given as follows: Dawt Zing, Mang Hlei
Sung, Ms. Hgoi Mai, Ms. Bawi Sung, Ms.
Hniang Zitial, Nani, Lal Khar, Ngun Tha Sui,
Kip Vung Thang, Tawk Kung, Sui Mang, Duh
Za Tim, Biak Hu Lian, Tuan Cung, Tan Zaw
Jonathan, Mang Chum, Dawt Si, and Sang Awi.
Two nursing mothers with their babies were
released on 4 April 2007. The remaining 31 are
being detained at Lenggeng camp, a detention
came for illeaal immia rants in Neaeri Sembilan. It
By letter dated 16/05/07, the Government
informed that in an operation conducted at Pasar
Pudu, Jalan Pudu, Kuala Lumpur, on 4 April 2007
between 10 and 12 a.m., the Ikatan Telawan
Rakyat or the People's Volunteer Corps (RELA)
apprehended 74 foreign nationals suspected of
not being in possession of valid documents, in
contravention of Section 6(1 )(c) of the Immigration
Act 1959/63 (Act 155). RELA was formed on 11
January 1972 as a governmental security body to
provide opportunities for citizens, on a voluntary
basis, to become members of an agency whose
aim it was to maintain peace and security in the
country. It has proven beneficial in assisting the
Government in the fight against the communist
insurgency during the 1970s and 1980s. RELA
units are present in almost all districts and
regularly mobilised during security operations.
Oraanisationallv RELA is a division within the
140.
Malaysia
13/04/07
JUA
TOR,
WGAD
A!HRC/7/3/Add. 1
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was alleged that Lenggeng Camp presents
overcrowding problems and harsh detention
conditions. Thirty-one individuals might face jail
sentence and whipping under Malaysian
immigration law. They are also in danger of being
deported to Myan mar.
Immigration Department, which is a Department
under the Ministry of Home Affairs. Following the
increased influx of illegal immigrants in recent
years, the relevant laws were amended in 2005 to
empower RELA officers to complement the
enforcement unit of the Immigration Department.
The amendments allow RELA officers to conduct
operations to arrest illegal immigrants in the
country. Following the operations conducted in
Pudu, RELA filed THSL Police Report No.
9326/07 relating to the detentions resulting from
the operation. The matter was subsequently
handed over to the Enforcement Division of the
Immigration Department, Federal Territory of
Kuala Lumpur. Further investigations revealed
that 30 Myan mar national were those arrested, all
of whom had entered the country illegally, but
some had a UNHCR card. The Investigation
Paper was subsequently referred to the Deputy
Public Prosecutor, but no charges were brought
against the 30 detainees from Myanmar. They
were detained at Leggeng Camp pending
repatriation and/or resettlement. The Government
then assured the Special Rapporteur that it is fully
committed to human rights regardless of the
citizenship. When RELA officers undertake checks
on illegal immigrants, they first receive intensive
training to ensure that they abide by the relevant
laws, i.a. on the Passport Act/Immigration
Enforcement Procedures and simulation training
prior to the launching of a particular operation,
which comprise sessions of dry runs and
exercises. The Government appended the
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relevant laws and stressed again that all the
actions taken by the Government of Malaysia in
relation to the above operation were in full
compliance with the provisions of the relevant
domestic legislation and the Universal Declation
on Human Rights.
141.
03/09/07
AL
TOR
Practice of caning. Up to 40 crimes and other
offences are punishable by caning (often in
combination with prison terms or fines) under
various provisions of Malaysian legislation (e.g.
persons convicted of drug-related offences, as
well as persons whom the Government views as
“illegal migrants” are subject to caning).
142.
Follow-up
to past
cases
Heng Peo (A/HRC/4/33/Add.1, para. 135)
By letter dated 13/02/07, the Government
informed that prior to his dismissal, Mr. Heng Peo
was the Personal Advisor to the Prime Minister of
Cambodia on Security Issues, Undersecretary of
State to the Minister of Interior and former Police
Commissioner of Phnom Penh. Mr. Heng Peo left
Cambodia for Singapore on 23 July 2006. Based
on the information obtained by the Malaysian
authorities, while in Singapore, he sought political
asylum from the Government of Australia, without
success. He had also submitted a claim for
refugee status to the UN High Commissioner for
Refugees (UNHCR). The UNHCR declined to
grant him such status on 25 August 2006. Mr.
Heng Peo subsequently submitted an appeal,
which was also rejected. The Singapore
authorities subsequently detained Mr. Heng Peo
at the end of August 2006 for violating immigration
laws and ordered him to leave the country. The
Malaysian authorities have ascertained that Mr.
A!HRC/7/3/Add. 1
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Heng Peo had entered Malaysia through the
Immigration entry point at the Johor Causeway on
1 September 2006 at 7.57 p.m. On 5 September
2006, the Cambodian Government made an
official request to the Government of Malaysia for
the latter to arrest and deport Mr. Heng Peo to
Cambodia, who is wanted in connection with the
murder of a judge in 2003, as well as for charges
of attempted murder and kidnapping in Cambodia.
On 3 October 2006, Mr. Heng Peo was arrested
by the Malaysian authorities for exceeding his
entry permit, which allowed him to stay in the
country for a period of 30 days. On the same day,
an Australian firm representing Mr. Heng Peo,
filed an application in the High Court in Kuala
Lumpur seeking an interim order for a stay of
deportation to prevent the Malaysian authorities
from deporting Mr. Heng Peo to Cambodia,
requested for his deportation to the ‘Last Port of
Embarkation, and Mr. Heng Peo also filed a writ
of habeas corpus. Following the suit, the judge
allowed Mr. Heng Peo to remain in Malaysia until
his application for habeas corpus was heard in the
High Court on 17 October 2006. The order for a
stay of deportation was further extended and a
new hearing date set for 3 November 2006 when
Mr. Heng Peos previous counsel discharged
himself and a new counsel was appointed in his
stead. On 19 October2006, the High Court
decided that Mr. Heng Peo should be deported,
and that the deportation should be to the Last
Port of Embarkation, i.e. Singapore. The
Prosecution, however, appealed the ruling of the
A!HRC/7/3/Add. 1
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High Court on the grounds that the authority to
determine the destination of deportation was the
sole prerogative of the Director-General of
Immigration, as provided by the Immigration Act,
and that the High Court could not usurp such
authority. The Court of Appeal affirmed on 21
December 2006 that such authority was vested
solely in the Director-General of Immigration and
thus overturned the decision of the High Court. In
any case, Mr. Heng Peo could not have been
deported to the ‘Last Port of Embarkation i.e.
Singapore following a letter which had been
issued by the Commissioner of Immigration and
Checkpoints Authority of Singapore to the effect
that Mr. Heng Peo was barred from entering that
country. Following the decision by the Court of
Appeal, the Malaysian authorities had to proceed
to deport Mr. Heng Peo to Cambodia on 21
December 2006 in accordance with the rules and
procedures currently in force in the country
pertaining to such matters. Regarding the appeal
to the Malaysian Government to take all measures
to guarantee the rights and freedoms of Mr. Heng
Peo, to ensure the accountability of any person
guilty of the alleged violations and to adopt
effective measures to prevent the recurrence of
these acts, clearly, the substance of your
communication pertains to a matter of deportation,
and not of torture or ill-treatment of Mr. Heng Peo
while in Malaysia. In this context, this portion of
the communication is not relevant insofar as the
Malaysian Government is concerned, and it
should instead be addressed to the appropriate
A!HRC/7/3/Add. 1
page 177
Hussein Salah, a 29-year-old sand-miner, and a
well-known opposition activist, resident at
Naazukeege, Hithadhoo Island, Addu Atoll. On 9
April 2007, he was arrested on Hithadhoo Island.
Subsequently he was transferred to Male, where
he arrived in the evening of 12 April. There he was
held at the Alhoulhu Vehli Detention Centre,
where, according to witnesses, he was severely
beaten for several hours resulting in injuries to his
face and legs. He died on 13 orl4April. His body
was discovered floating in the inner harbour of
Male on 15 April 2007. At first there were attempts
by officials to bury the body without a death
certificate, but in the end a government employed
doctor issued one. Initially the family's request for
an independent forensic examination was refused.
However, following protests, on 20 April the body
was transferred to Colombo, Sri Lanka, where a
Judicial Medical Officer examined the body. The
report that resulted from this examination
contradicted earlier findings of Maldivian police
and lacked credibility because of inexplicable
delays and because the Government intervened.
By letter dated 28 September 2007 the
Government replied, with reference to police
investigations, that Mr. Hussain Salah had been
taken into police custody on 9 April 2007 in Addu
Atoll on suspicion of possessing drugs. He had
prior criminal convictions for banned substance
abuse and burglary. Although drugs were found at
his arrest location, no further drugs were
discovered during the body search. However, Mr.
Salah's urine tested positive for opiates. Mr. Salah
was kept in custody for further investigation and
then transferred to Male' by boat as is normal
practice. The journey from Addu to Male takes
about two days by boat. On the way to Male',
when the vessel was in transit in the island of
Gadhdhoo, Mr. Salah complained of a headache
and requested to be taken to the health centre on
the island. He was attended by the doctor at the
Gadhdhoo Health Centre who prescribed him
medication which was administered to him. On
arrival in Male', Mr. Salah was detained at Atholhu
Vehi (police custodial centre) and, following
established procedure, was asked about his
health and well-being. In response, Mr. Salah
noted that he suffered from intermittent
headaches. This information was recorded in
writing along with Mr. Salah's signature and
fingerprint. Mr. Salah was released from custody
by the Dolice on the niaht of 13 of ADril. Records
143.
Maid ives
2 1/06/07
JAL
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party. It is of paramount importance to ensure that
responsibilities are not inadvertently placed on a
particular party whereas they are rightfully the
remit of another.
SUMX;
TOR
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show that Mr. Salah left custody with his personal
possessions around 9.10 p.m. His mother was
notified of his release over the phone. Mr. Salah's
body was discovered around 7.45 a.m. on 15 April
2007 floating in the harbour on the south-side of
Male'. When the Maldives Police Service received
this information, an investigating team was
dispatched to the scene. Since the body was
covered in mud, no external injuries were evident
on the body. Without further delay, the body was
removed and taken to the lndhira Gandhi
Memorial Hospital and then transferred to the new
Cemetery in Male'. A team of doctors examined
the body. During the examination bleeding was
noted from the nose and ear as well as swelling of
the left cheek. The doctors recommended that a
post-mortem be carried out to ascertain the cause
of death. The Government wishes to reiterate that
it did not attempt to bury the body without a death
certificate. On 21 April, following a request by Mr.
Salah's family and given that the Maldives did not
have the required facilities, an independent post-
mortem examination was carried out at the Office
of the Judicial Medical Officer in Sri Lanka. The
body had been transferred by the Government in
order to respond to the request of the family of the
deceased. The preliminary findings of the post-
mortem concluded that death was caused by
drowning. It ruled out the possibility that death had
been caused by physical violence. The
subsequent report further confirmed these
findings. Mr. Hussein Salah was buried on 28 April
2007 in Male'. Copies of the report have been
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provided to the OHCHR. The Government wishes
to reiterate that it did not attempt to intervene in
this process. Throughout the process, the
Government sought to balance the need to follow
due legal process to discover the precise cause of
death with the equally important need to be
sensitive to and respond to the particular needs of
Mr. Salah's family. Further, the Government
facilitated at its own expense the transfer to Sri
Lanka for the post-mortem examination since the
Maldives do not have the facilities not the trained
professionals to conduct this procedure.
Representatives of the Human Rights
Commission also traveled to Colombo to oversee
the process. The Government invited Amnesty
International to be present, but they were not able
to respond in time. The Maldives Police Service is
conducting a full investigation into the death of Mr.
Salah. Their findings so far indicate that the death
did not happen in custody and that there is no
cause to believe that Mr. Salah had suffered any
ill-treatment at the hands of Police Officers.
Similarly, the Human Rights Commission of the
Maldives is conducting a full investigation into the
matter. The results have not been published yet.
Also, an independent inquiry was carried out by
the Petition Committee of the People's Majlis
(Parliament). This inquiry focused on procedural
matters relating to how the body was dealt with
from the time it was discovered until the time it
was buried. The Committee found that all parties
involved in the case had acted in good faith. There
were nonetheless procedural issues that needed
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Miembros del movimiento social Frente de
Pueblos en Defensa de Ia Tierra. El 3 y 4 de
mayo de 2006 hubo sangrientos enfrentamientos
entre fuerzas de seguridad y habitantes de los
Municipios de Texcoco y San Salvador Atenco,
Estado de Mexico, que mantenlan bloqueada Ia
carretera Lecherla-Texcoco. Durante las
protestas, varios manifestantes se enfrentaron de
forma violenta a los cuerpos policiales del Estado
de Mexico. Durante los enfrentamientos varios
policlas resultaron lesionados y manifestantes
retuvieron a varios agentes. Agentes de Ia Policla
Federal Preventiva y Ia Agencia de Seguridad
Estatal reaccionaron con uso de fuerza
aparentemente excesivo contra Ia mayorIa de los
manifestantes. Entre otras cosas, unos policlas
caminaron sobre personas que se encontraban
acostadas y esposadas. Dos personas, entre
ellos un menorde 14 años, fallecieron a
consecuencia de los disturbios sin que hasta Ia
fecha se hayan esclarecido las circunstancias de
las muertes. Las fuerzas de seguridad detuvieron
a 211 Dersonas. incluidas 47 muieres. Las
to be looked at and improved in the future. The
Committee therefore recommended that improved
guidelines and regulations be put in place for
dealing with cases such as that of Mr. Salah,
when there is uncertainty as to cause of death. So
far no prosecutions have been undertaken in
relation the case and no compensation has been
paid. Finally, the Government reiterated its
commitment to the protection and promotion of
human rights.
Por carta de fecha 17/05/07, el Gobierno info rmO
que se determinO aplicar procedimientos
administrativos y judiciales en contra de los
elementos de Ia Agencia de Seguridad Estatal
(ASE) por los hechos suscitados en Texoco y San
Salvador de Atenco el 3 y 4 de mayo de 2006. Se
informa que Ia autoridad judicial emitiO 17 Ordenes
de aprehensiOn en contra de elementos de Ia
Policla Estatal por Ia probable responsabilidad en
el delito de abuso de autoridad. Sin embargo,
dichos mandamientos no han sido cumplidos en
virtud del amparo concedido por el juez federal en
favor de los policlas acusados. Cuatro jefes de
destacamento del grupo de Ia ASE fueron
destituidos de sus cargos y cinco fueron
suspendidos por 90 dIas por “tolerar tratos
violentos por parte de sus compañeros a las
personas con las cuales tuvieron contacto para su
traslado y no velar por su integridad fIsica”.
En cuanto a las investigaciones sobre los
supuestos abusos sexuales cometidos en contra
de las mujeres detenidas, el Gobierno menciona
uue el 15 de mayo de 2006 Ia Fiscalla Esiecial
144.
Mexico
18/12/06
JAL
TOR; VAW
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mujeres tenian entre 18 y 40 años. Durante su
detenciOn ellas fueron objeto de diversas
modalidades de violencia sexual, fisica yio verbal.
Al menos 23 de ellas comunicaron agresiones
sexuales, tales como pellizcos y mordidas en los
senos, tocamientos en sus genitales, violaciOn por
via vaginal y anal con dedos y otros objetos y
violaciOn por via oral. Los policias también
ejercieron violencia sexual al amenazar
verbalmente con violaciOn y utilizar un lenguaje
altamente discriminatorio relativo a Ia condiciOn
sexual de las mujeres detenidas. A algunas
mujeres les fueron retiradas sus ropas
violentamente. En contravenciOn a 10 dispuesto
en los articulos 129 y 130 del COdigo de
Procedimientos Penales para el Estado de
Mexico, relativos a Ia custodia de los instrumentos
y de las cosas objeto o efecto del delito, el
personal del Centro Preventivo y de
ReadaptaciOn Social Santiaguito de Almoloya de
Juárez (Estado de Mexico), no preservO las
evidencias que las secuelas de las lesiones y
abusos ocasionados por los policias que dejaron
en Ia vestimenta de las mujeres agraviadas. Al
ingreso de las mujeres agraviadas al Centro,
empleados del Centro les quitaron algunas
prendas de vestir a algunas de ellas y a otras las
obligaron a lavarlas. Aunque las mujeres
solicitaron desde un primer momento poner en
conocimiento de las autoridades sus denuncias,
no las registraron hasta Ia Ilegada de Ia Fiscalia
Especializada de Delitos Violentos contra las
Mujeres que tuvo lugar el 12 de mayo de 2006.
para Ia AtenciOn de los Delitos Relacionados con
Actos de Violencia contra las Mujeres (FEVIM) dio
motivo al inicio de Ia averiguaciOn previa
AP/FEVIM/003/05-2006. El 22 de mayo de 2006
Ia ComisiOn Nacional de Derechos Humanos
(CNDH) emitiO un informe preliminar en el que
señala que 211 quejas fueron interpuestas ante
este organismo nacional por los hechos ocurridos
el 3 y 4 de mayo del 2006. De las 23 mujeres que
señalaron haber sido victimas de abusos
sexuales ante Ia CNDH, 17 ratificaron su
denuncia ante Ia Procuraduria General de Justicia
del Estado de Mexico y dos de ellas han
reconocido a sus agresores.
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Hasta el 4 de noviembre de 2006, 23 agentes de
Ia Agencia de Seguridad Estatal fueron
consignados por delito de abuso de autoridad por
Ia Fiscalla Estatal. Solamente un agente policial
de Ia referida Agencia Estatal fue consignado por
actos libidinosos. NingUn agente fue consignado
por el delito de violaciOn 0 abuso sexual. La
Fiscalla Federal Especial para Delitos Violentos
contra Mujeres, que también tiene competencia
de investigar el caso, todavIa no ha formulado
acusaciOn contra ningUn agente .
145. 26/01/07 JUA WGAD; El 13 de enero de 2007, entre las 16.30 y las
FRDX; 17.00 horas, varias de las personas que
TOR participaban en una demostraciOn en Miahuatlán
(Oaxaca), demandando Ia liberaciOn de los
detenidos el 25 de noviembre de 2006, fueron
detenidas por miembros de Ia Unidad Policial de
Operaciones Policiales (UPOE), de Ia Policla
Preventiva y de Ia Policla Municipal. Las
detenciones se efectuaron al finalizar Ia
demostraciOn, mientras los manifestantes se
encontraban comiendo frente al penal Porflrio
DIaz (CERESO). Los agentes policiales Ilevaban
los rostros cubiertos con pasamontañas y estaban
armados con fusiles AK-47 y otras armas largas.
Los policlas Ilegaron al lugarsorpresivamente a
bordo de diversos vehIculos y procedieron a
detener a los man ifestantes haciendo uso
excesivo de Ia fuerza. En otro hecho simultáneo,
algunos de los manifestantes que regresaban de
una marcha a Ia ciudad de Oaxaca a bordo de
camionetas, fueron también detenidos e
interroaados or funcionarios de Ia Procuradurla
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General de Ia RepUblica y del Ministerio PUblico
de Oaxaca. Se trata de Rogelio Garcia
Hernández (de 18 años de edad); Vladimir
Gonzalez Martinez (menorde 17 anos); José de
JesUs Villaseca Perez (de 19 años), estudiante
de Ia UNAM; Miguel Lopez Cruz (de 28 años de
edad); José Ponciano Neri; Arnulfo Ezequiel
Vazquez y Humberto Vazquez. Algunas de las
personas detenidas en los hechos descritos,
fueron liberadas luego de pagar fianzas de entre
5.000 y 10.000 pesos mexicanos (entre 457 y
913 dOlares de los Estados Unidos de America,
aproximadamente). Otras personas fueron
acusadas del delito de porte ilegal de armas de
fuego de uso exclusivo militar o policial. Algunos
detenidos han denunciado que durante su arresto
e interrogatorio fueron victimas de amenazas de
violaciOn y de muerte. Todos los detenidos
habrian sido golpeados y algunos obligados a
fotografiarse con armas de fuego proporcionadas
por los agentes.
146.
26/01/07
JUA
WGAD;
Sr. Diego Arcos Meneses, perteneciente al
Porcarta de fecha 11/10/07, el Gobierno informO
TOR
pueblo indigena chol, de 41 años de edad,
que el 13 y 14 de noviembre de 2006 se
originario de Cololil (Tumbalá), de ocupaciOn
realizaron operativos en el Ejido Viejo Velasco,
agricultor y Consejero de Vigilancia del Ejido
Municipio de Ocosingo (Chiapas). Durante los
Nuevo Tila en Ocosingo (Chiapas). El Sr. Diego
operativos se habrian hallado los cuerpos sin vida
Arcos Meneses fue arrestado el 14 de noviembre
de tres personas: Antonio Mayor Benitez Perez,
de 2006, cuando se dirigia a Ia comunidad de
FilemOn Benitez Perez y Maria NUñez Gonzalez.
Viejo Velasco, municipio de Ocosingo, para
El Gobierno informa que en el operativo del 14 de
recoger maiz en una parcela. Luego de su
noviembre se localizO en el lugar a una persona
arresto, fue Ilevado al poblado, en una de cuyas
que se identificO como Diego Arcos Meneses,
casas se encontrO el cadaver de Ia Sra. Maria
quien manifestO tener el cargo de Sub-comisario.
NUñez Gonzalez. Tras su arresto, el Sr. Arcos
Se menciona gue Ia autoridad responsable solicitO
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Meneses fue conducido en helicOptero a
Palenque, donde fue interrogado por agentes del
Ministerio PUblico. El interrogatorio se llevO a
cabo en español, idioma que no lee y que habla
con dificultad, sin Ia asistencia de un intérprete.
Posteriormente, el Sr. Arcos Meneses fue
acusado de haberse dirigido a Ia comunidad Viejo
Velasco con el objeto de robar. Al negarse a
firmar Ia declaraciOn que se le leyO, por no saber
firmar y portemer una autoinculpaciOn, fue
agarrado del pelo y de Ia nuca y golpeado en Ia
boca y en las rodillas, 10 que le produjo una herida
en Ia boca y dificultades para caminar. Practicada
Ia prueba de rod izonato de sodio (parafina), se
demostrO que esta persona no habla utilizado
armas de fuego. El Ministerio PUblico solicitO Ia
detenciOn de esta persona en Ia modalidad de
arraigo, pese a no haber encontrado pruebas
inculpatorias. El Sr. Arcos Meneses fue conducido
a Ia Casa de Seguridad “Quinta Pitiquitos,
ubicada en el kilOmetro 10 de Ia carretera Chiapa
de Corzo-Tuxtla Gutiérrez, municipio de Chiapa
de Corzo. El pasado 16 de enero de 2007, Ia
detenciOn fue prorrogada por 30 dIas más, por
auto del Juez del Ramo Penal de Primera
Instancia del Distrito Judicial de Playas de
Catazajá (Chiapas), ante solicitud formulada por
el Fiscal Titular de Ia Mesa 2 de Ia Fiscalla
Regional Zona Selva. Se informa también de que
el recurso de amparo y protecciOn de Ia justicia
federal contra Ia detenciOn del Sr. Arcos
Meneses, que alegaba exceso de autoridad en
violaciOn de Ia ConstituciOn mexicana, resultO
Ia autorizaciOn para arraigar al Sr. Diego Arcos
Meneses, mientras se aclaraba su participaciOn
en los hechos en que perdieran Ia vida las tres
personas mencionadas. El 17 de noviembre del
2006, el Juez Penal de Primera instancia de
Playas de Catazajá (Chiapas), habrIa decretado
el arraigo domiciliario por 30 dIas del Sr. Diego
Arcos Meneses.
A!HRC/7/3/Add. 1
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Sra. Ernestina Ascensio Rosario, indIgena de
73 años de edad, quien falleciO el 26 de febrero
de este año en Tetlaizingo, municipio de Soledad
Atzompa (Veracruz). El 25 de febrero del 2007, Ia
Sra. Rosario habrIa sido violada por miembros del
63 BatallOn de Infanterla de Ia 26 zona militar de
Lencero (Veracruz). La Sra. Rosario fue hallada
por sus familiares a quienes les habrIa dicho “los
militares se me vinieron encima”. Debido a su
crItico estado de salud, fue trasladada al hospital
regional de RIo Blanco en donde falleciO al dia
siguiente. El certificado de defunciOn señalaria
que Ia Sra. Rosario muriO como consecuencia de
una infecciOn en los intestinos y en el higado.
Dicho informe también mencionaria que el cuerpo
presentaba huellas de tortura y perforaciOn del
recto.
Por carta de fecha 17/05/07, el Gobierno info rmO
que el 7 de marzo de 2007 Ia ComisiOn Nacional
de Derechos Humanos (CNDH) solicitO Ia
exhumaciOn del cuerpo de Ia Sra. Ernestina
Ascencio Rosario debido a que se detectaron
diversas omisiones e inconsistencias en Ia
primera necropsia practicada por personal medico
de Ia Procuraduria General del Estado de
Veracruz. Durante Ia exhumaciOn, los peritos
medicos de Ia ComisiOn Nacional evidenciaron
que Ia causa de Ia muerte establecida en Ia
primera necropsia “trau matismo craneo-
encefálico, fractura y luxaciOn de vertebras
cervicales” no se encontraba debidamente
sustentada. Con base en los resultados de Ia
segunda necropsia, Ia CNDH emitiO cuatro
comunicados de prensa en los que se indica
como causa de muerte una anemia aguda por
sangrado del tubo digestivo secundario y Ulceras
gástricas pépticas agudas, sumado a Ia presencia
de tumoraciones hepáticas malignas, un proceso
neumOnico en etapa de resoluciOn, isquemia
intestinal y trombosis mesentérica. El 30 de abril
de 2007, Ia Procuraduria General de Justicia del
Estado de Veracruz concluyO que Ia muerte de Ia
Sra. Ernestina Ascencio Rosario se debiO a
“causas fisiolOgicas y mecánicas y no a factores
externos a Ia fisioloala de su oraanismo”. El
147.
12/03/07
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inefectivo, dado que el Juzgado Quinto declinO su
competencia en favor del Juzgado Primero de
Distrito de Tuxtla Gutiérrez. La declinaciOn de
compete ncia motivO Ia prOrroga de Ia audiencia
constitucional, que no se ha realizado.
JAL
IND; TOR;
yAW;
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Procurador y el Fiscal especial del caso
informaron en rueda de prensa sobre Ia
decisiOn de cerrar el caso al no encontrar
elementos probatorios de los delitos de violaciOn y
homicidio.
148. 23/04/07 JUA WGAD; David Venegas Reyes. El Sr. David Venegas
TOR; Reyes fue arrestado el 13 de abril de 2007, hacia
las 13.15 horas, por ocho agentes de Ia Policla
Federal frente a los locales de los Juzgados
Federales del Décimo tercer Circuito, ubicados en
Ia Avenida Juárez, Parque El Llano, de Ia Ciudad
de Oaxaca de Juárez, Estado de Oaxaca. Los
agentes policiales no presentaron orden de
detenciOn alguna. El Sr. Venegas Reyes fue
fuertemente golpeado y recibiO amenazas durante
su arresto proferidas por los agentes policiales,
quienes portaban uniforme azul, chaleco
antibalas, casco negro y armas de fuego de alto
calibre. Los agentes antes mencionados
descendieron de un vehIculo tipo pick up de color
rojo. El titular del area jurIdica de Ia organizaciOn
no gubernamental Liga Mexicana de Derechos
Humanos- Oaxaca (LIMEDDH-OAXACA), el Sr.
Isaac Torres Carmona, fue testigo de Ia agresiOn
que el Sr. Venegas Reyes sufriO al momento de
su arresto. El Sr. Venegas Reyes fue colocado en
regimen de incomunicaciOn. Un recurso de
amparo interpuesto en su favor bajo el nUmero
AV Prey. 607/PM E/2007 ante Ia Agencia del
Ministerio PUblico del tercerturno adscrita a Ia
Policla Ministerial de Ia Procuradurla General de
Justicia del Estado (PGJE) de Oaxaca, no ha sido
resuelto hasta Ia fecha. No se han formulado
Fortunato Prisciliano, miembro del pueblo
indIgena tlapaneca, quien ha sido supuestamente
vIctima de golpes e intimidaciones por parte de
personas presuntamente al servicio del Ejército.
Dichas agresiones ocurrieron después de que el
Sr. Fortunato Prisciliano se presentara en
audiencia ante Ia ComisiOn Interamericana de
Derechos Humanos (CIDH) para denunciar Ia
violaciOn sexual de su esposa, Ia Sra. Inés
Fernandez Ortega, por parte de tres miembros del
Ejército en marzo del 2002. El 30 de junio de
2007, el Sr. Fortunato Prisciliano habrIa sido
golpeado por los Sres. Hilario y Alfonso Morales
Silvino al frente de Ia Comisarla Municipal de
Ayutla de los Libres (estado de Guerrero).
Mientras el Sr. Fortunato Prisciliano se
encontraba tend ido en el suelo, uno de los
hombres le mostrO un arma que Ilevaba oculta
bajo Ia ropa y le habrIa dicho: “Si intentas decir
algo aqul te traigo tu comida. . .10 que estás
denunciando con tu esposa Inés en contra de los
guachos es mentira y ya sabemos que hasta
Estados Unidos vas a ir, pero no te va a servir de
nada porque es mentira 10 que estás diciendo”. El
27 de julio de 2007, cuando el Sr. Fortunato se
dirigla a su domicilio, se le acercO el tb de los dos
hombres que 10 habban agredido frente a Ia
Comisarba Municipal de Ayutla y le habrIa dicho:
“deia de chinaar a los auachos. sabemos aue
A!HRC/7/3/Add. 1
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149.
07/09/07
JUA
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cargos legales contra el Sr. Venegas Reyes ni
presentado acusaciOn alguna. El Sr. Venegas
Reyes no ha sido conducido ante una autoridad
judicial.
HRD; IND;
TOR; VAW
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quieres ir hasta Estados Unidos a denunciar y si
no paras algo feo te puede pasar”. El 1 de agosto,
el mismo individuo 10 volviO a amenazar con las
siguientes palabras: “Hijo de tu chingada madre,
ya deja de decir que a tu esposa Ia violaron los
guachos. Ya te dije que te vamos a partirtu
madre”.
150.
13/09/07
UA
TOR
Francisco Velasco Hernández, quien
supuestamente está siendo objeto de amenazas
de muerte e intimidaciones por haber presentado
una denuncia contra tres agentes de Ia Policla
Judicial de Oaxaca, acusándolos de “abuso de
autoridad, lesiones, violaciOn equiparada, robo y
amenazas. El 13 de enero de 2007, el Sr.
Velasco fue detenido en Ia ciudad de Oaxaca por
tres agentes de Ia policla judicial. Los agentes
golpearon en repetidas ocasiones al Sr. Velasco,
10 amenazaron de muerte, 10 agredieron
sexualmente y 10 obligaron a firmar una
declaraciOn que no le permitieron leer. Tras
quedar en libertad bajo fianza el 23 de enero, el
Sr. Velasco presentO una denuncia contra los
agentes que 10 agredieron ante Ia unidad de
delitos sexuales de Ia PGJE. El 5 de febrero del
2007, el Sr. Velasco fue citado a comparecer ante
Ia PGJE, sin embargo, por motivos de seguridad
unos familiares se habrIan presentado en su
lugar. Los tres agentes que agredieron al Sr.
Velasco estuvieron presentes durante Ia vista oral
y les advirtieron a sus familiares que si no se
retiraba Ia denuncia “tomarlan acciones en contra
del Sr. Velasco”. El 25 de junio del 2007, mientras
el Sr. Velasco asistla a una vista judicial en
Por carta de fecha 24/09/07, el Gobierno informO
de que el Sr. Francisco Velasco Hernández fue
detenido eli 3 de noviembre de 2007 por Ia
Policla Municipal de Oaxaca. Ese mismo dIa el
Sr. Velasco fue puesto a disposiciOn del Ministerio
PUblico y se le practicO un examen que dio fe de
su integridad, sin que fueran señaladas lesiones o
alteraciones fIsicas o psIquicas. El 21 de enero
fue resuelta su situaciOn jurIdica por un juez
penal, quien acordO su libertad por los delitos de
extorsiOn y resistencia de particulares y un auto
de formal prisiOn por los delitos de robo de
vehIculo y lesiones dolosas en agravio de un
agente de policla. Actualmente Ia causa penal se
encuentra en instrucciOn. El 8 de febrero de
2007, el Sr. Velasco interpuso una denuncia penal
ante Ia Procuradurla General de Justicia del
Estado de Oaxaca contra cinco agentes, por
supuestas agresiones sufridas durante su
detenciOn. Esta denuncia se encuentra
actualmente en investigaciOn por los delitos de
abuso de autoridad, lesiones, violaciOn
equiparada, robo y amenazas. El ii de julio de
2007, Ia ComisiOn Interamericana de Derechos
Humanos (CIDH) otorgO medidas cautelares a
favor del Sr. Francisco Velasco Hernández. Las
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relaciOn con el procesamiento de los ties agentes
que 10 agredieron, uno de ellos le habrIa dicho:
“Si no desistes de Ia denuncia que presentaste en
nuestra contra te vamos a desaparecer, hijo de Ia
chingada. Igualmente, el 29 de junio de 2007 un
hombre armado se le habrIa acercado al Sr.
Velasco para decirle que si no retiraba Ia
denuncia no iba a “vivir para contarlo.
Finalmente, en Ia tarde del 27 de agosto, el Sr.
Velasco habrIa sido amenazado por dos hombres
que supuestamente le dijeron: “Si no te matamos
afuera, te vamos a matar adentro, cabrOn, porque
te vamos a regresar a Ia cárce I.
autoridades mexicanas acordaron con el Sr.
Velasco los siguientes mecanismos para Ia
implementaciOn de las medidas cautelares: a)
agilizaciOn de las investigaciones; b) Ia
disposiciOn de nUmeros telefOnicos para
comunicarse con las autoridades ante una
situaciOn de emergencia; c) Ia entrega de un
teléfono celular. El 24 de septiembre se tenla
prevista una reuniOn con las autoridades
involucradas, el Sr. Velasco y su representante
para dar seguimiento a los acuerdos concertados
y presentar los avances de las investigaciones.
151.
01/11/07
UA
TOR
Geovanni Alcaraz Vielman, quien desertO del
Ejército mexicano y huyO a Estados Unidos de
America tras ser presuntamente acusado de estar
implicado en Ia muerte de un oficial del ejército en
el 2004. El 22 de octubre de 2007, el Sr.
Geovanni Alcaraz Vielman fue devuelto de los
Estados Unidos de America a Mexico como
inmigrante ilegal. Las autoridades mexicanas
detuvieron al Sr. Alcaraz a su Ilegada a Ia ciudad
de Tijuana y el 23 de octubre de 2007 10
trasladaron a Ciudad de Mexico, donde quedO
bajo Ia custodia de Ia Policla Judicial Militar en el
cuartel de este cuerpo. Esa noche cinco soldados
vestidos de civil 10 golpearon durante ties horas,
al parecer para obligarlo a confesar el homicidio
de un oficial del ejército en el 2004. Cuando el Sr.
Alcaraz pidiO ver a un abogado, 10 habrIan
amenazado diciéndole: ‘si abres Ia boca para
denunciar, nosotros mismos nos vamos a
encargar de matarte y de mandar a alguien para
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que viole a tu mama y a tu hermana”.
Posteriormente, los agentes de Ia Policla Judicial
Militar 10 habrIan obligado a leer en voz alta una
confesiOn, que grabaron en video. El Sr. Alcaraz
habrIa sido trasladado a una prisiOn militar, donde
un medico 10 examinO y procediO a medir y
fotografiar las lesiones que presentaba en las
piernas y en Ia clavIcula. El Sr. Alcaraz también
sufrIa dolores de cuello y de estOmago. El 24 de
octubre el Sr. Alcaraz se entrevistO con su
abogado, a quien se le habrIa negado acceso a
los resultados de los exámenes medicos. Durante
una entrevista con el director de Ia prisiOn militar,
el Sr. Alcaraz habrIa dicho que los agentes de Ia
Policla Judicial Militar que 10 golpearon también 10
hablan amenazado con matarlo durante su
estadla en prisiOn .
152. 14/11/07 JAL HRD; IJL; Pedro Alvarado Delgado. El 4 de mayo de 2006,
TOR Pedro Alvarado Delgado, defensor de derechos
humanos, mexicano y de 59 años de edad, se
encontrarla tomando fotos e imágenes en video
de Ia operaciOn policial Ilevada a cabo en San
Salvador Atenco, en Ia que resultaron detenidas y
agredidas más de 150 personas cuando habrIa
sido detenido por agentes de Ia policla. Al ser
detenido, el Sr. Alvarado alegO su condiciOn de
observador de derechos humanos. Los agentes
de Ia policIa 10 habrIan golpeado repetidas veces
en diversas partes de Ia cabeza y le habrIan
propinado patadas hasta arrojarlo al suelo, donde
habrIan vuelto a golpearlo y amenazado de
muerte. Al igual que a otros detenidos, después
de esDosarlo v obliaarlo a taDarse Ia cabeza. 10
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habrIan obligado a permanecer acostado boca
abajo, encima de las otras personas detenidas,
durante las cinco horas que durO el trayecto en
autobUs hasta Ia prisiOn de Santiaguito. Durante
el trayecto, le habrIan golpeado y amenazado. El
Sr. Alvarado habrIa escuchado a Ia policla
amenazar a las mujeres detenidas con violarlas,
asI como los gritos de dolor de las otras personas
que se encontra ban a su alrededor.
Posteriormente, en Ia cárcel, se le habrIa
denegado el acceso a una atenciOn médica
adecuada, a pesar de las heridas que presentaba,
asI como también se le habrIa denegado el
derecho a un abogado defensor elegido por él.
Tampoco se le habrIa informado los motivos de
su detenciOn. El 5 de mayo de 2006,
representantes de Ia ComisiOn Nacional de los
Derechos Humanos habrIan documentado las
lesiones fIsicas que habla sufrido el Sr. Alvarado.
El 8 de mayo el Sr. Alvarado habrIa prestado
declaraciOn judicial pero sin Ia presencia de un
juez. El 10 de mayo de 2006, en una audiencia
conjunta de más de 200 personas detenidas en
San Salvador Atenco, se le habrIa acusado
formalmente del delito de ataques a las vIas de
comunicaciOn y medios de transporte. El juez no
habrIa tenido en cuenta las pruebas de malos
tratos de que fue objeto el Sr. Alvarado, las
cuales constan en un certificado medico, ni su
declaraciOn, segUn Ia cual, en el momento de Ia
detenciOn, Ilevaba a cabo actividades legItimas de
derechos humanos. El 13 de mayo de 2006,
quedarla en libertad bajo fianza. El proceso en su
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contra continUa abierto. La defensa presentO una
solicitud para dar vista del caso al Ministerio
PUblico, a efectos de investigar Ia alegaciOn de
torturas sufridas por Pedro Alvarado, que ha sido
denegada por el juez. La defensa habrIa pedido
juicio de amparo. En el fallo, el juez federal de
amparo no habrIa reconocido Ia obligaciOn del
juez estatal de informar a Ia Procuradurla General
de Justicia del Estado, de las pruebas sobre las
supuestas torturas sufridas por el Sr. Alvarado. El
tribunal federal habrIa resuelto que los tribunales
estatales no están obligados a informar al
Ministerio PUblico sobre Ia necesidad de iniciar
una investigaciOn portortura. No existirlan
pruebas que vinculen al Sr. Alvarado con los
delitos que se le imputan. El juez habrIa sostenido
que corresponde al Sr. Alvarado pro bar su
inocencia de haber participado en el delito que se
le imputa, 10 cual podrIa transgredir sus derechos
a un debido proceso y a Ia presunciOn de
inocencia. En tal virtud, no conforme con su
procesamiento, el Sr. Alvarado promoviO un juicio
de amparo contra Ia resoluciOn del 10 de mayo de
2006. El Sr. Alvarado ganO dicho juicio, en el que
el juez federal habrIa reconocido Ia ausencia de
pruebas en Ia acusaciOn formal y habrIa ordenado
que el juez competente precisara los elementos
de prueba que acreditaran su responsabilidad y
dictara una nueva resoluciOn sobre el formal
procesamiento. Sin embargo, el juez estatal
habrIa dictado una nueva resoluciOn el 28 de
noviembre de 2006, ordenando de nuevo el
procesamiento de Pedro Alvarado, sin precisar
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las pruebas de Ia imputaciOn como 10 ordenaba Ia
autoridad federal. El Sr. Alvarado habrIa vue Ito a
presentar un recurso de amparo contra esa
resoluciOn, volviendo a ganar dicho juicio. La
autoridad federal habrIa ordenado al juez estatal,
por segunda vez, precisar las circunstancias
especIficas que demostraran Ia supuesta
responsabilidad del Sr. Alvarado. No obstante, el
lOde mayo de 2007, eljuez estatal habrIa
emitido una resoluciOn en Ia que se ordenaba el
formal procesamiento de Pedro Alvarado,
omitiendo nuevamente precisar los elementos
probatorios que acreditaban su supuesta
responsabilidad. En contra de dicha resoluciOn, el
Sr. Alvarado habrIa acudido a un tribunal federal,
por considerar que el juez estatal omitiO dar
cumplimiento a Ia sentencia de amparo en Ia que
se ordenaba precisar las circunstancias
especIficas de Ia conducta que se le imputa. Sin
embargo, el tribunal federal declarO improcedente
tal inconformidad. El Sr. Alvarado, portercera
vez, habrIa presentado una demanda de amparo
por no existir prueba que acreditara su
participaciOn en el delito que se le imputa. Dicho
juicio se encontraba pendiente de resolver. Tras
haber transcurrido más de un año desde que tuvo
lugar Ia detenciOn, acusaciOn y torturas del Sr.
Alvarado, los responsables aUn no han sido
enjuiciados y no existe una investigaciOn al
respecto.
153.
Follow-up
to past
cases
Alejandro Garcia Hernández, Pedro Garcia
Garcia, José Jiménez Colmenares, Ramiro
AragOn Perez, Juan Gabriel Rios, Elionai
Por carta de fecha 24/04/07, el Gobierno
de que Ia Fiscalla Especial para Asuntos
Magisteriales de Ia Procuradurla General
informO
de
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Santiago Sanchez, German Mendoza Nube y
Renato Cruz Morales.
(A/HRC/4/33/Add.1, párrs. 143 y 145).
Justicia del Estado, dio inicio a las averiguaciones
previas 67(FEPAM)/06 por el delito de homicidio
calificado en contra del Sr. Alejandro Garcia
Hernández. Pedro Garcia Garcia fue detenido
en flagrante delito por elementos de Ia Policia
auxiliar Bancaria, Industrial y Comercial (PABIC),
cuando estaba cometiendo el delito de robo en
perjuicio del Sr. Abel Reyes Mijangos. El Sr.
Pedro Garcia obtuvo su libertad bajo cauciOn el 8
de octubre de 2006. Posteriormente se enviará
una copia de su certificado medico, expedido el 1
de octubre por el Departamento Medico del
Reclusorio Femenil de Valles Centrales, Tlacolula,
(Oaxaca). El Sr. José Jiménez Colmenares
falleciO el lOde agosto de 2006, después de
recibir un disparo durante una riña entre
manifestantes y particulares, en el marco de una
protesta organizada por el magisterio y Ia APPO.
La Procuraduria General de Justicia de Oaxaca
(PGJOA)() iniciO una investigaciOn por el delito de
homicidio, tentativa de homicidio y lesiones, en
contra de quien o quienes resulten responsables.
Los Sres. Ramiro AragOn Perez, Juan Gabriel
Rios y Elionai Santiago Sanchez fueron
detenidos eli 0 de agosto de 2006, por elementos
de Ia Policia Preventiva del Estado, durante uno
de los recorridos de seguridad y vigilancia
efectuados en Ia Agencia municipal de San Felipe
de Agua, Centro Oaxaca. Los tres hombres
fueron trasladados a Ia cárcel municipal de Ia
poblaciOn de Ejutla de Crespo (Oaxaca), previa
certificaciOn médica, realizada por personal de los
Servicios de Salud de Oaxaca. El 10 de agosto de
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2006 fue dictado auto de formal prisiOn en contra
del Sr. Ramiro AragOn Perez por estimarse
probable responsable del delito de porte de armas
de fuego y cartuchos de uso exclusivo de las
fuerzas armadas. Elionai Santiago Sanchez y
Juan Gabriel Rios fueron liberados bajo cauciOn.
El Sr. German Mendoza Nube se encuentra
detenido desde el 9 de agosto de 2006 en el
Reclusorio Regional de Miahuatlán de Porfirio
Diaz (Oaxaca). Al Sr. Mend oza se le dictO auto de
formal prisiOn dentro de dos procesos penales por
Ia comisiOn del delito de tentativa de homicidio
calificado y robo calificado. Al momento de su
detenciOn, el Sr. Mendoza fue valorado por
peritos medicos leg istas de Ia PGJOAX y a su
ingreso al reclusorio fue valorado por personal
medico de Ia DirecciOn de PrevenciOn y
ReadaptaciOn Social, que recomendO darle un
seguimiento especial debido a Ia diabetes mellitus
que padece. Al Sr. Mendoza se le han brindado
todas las condiciones médicas para Ia atenciOn de
su salud, e incluso eli 0 de agosto de 2006 fue
excarcelado para brindarle atenciOn médica en el
Hospital General de Ia Ciudad de Puebla.
Con relaciOn al Sr. Renato Cruz Morales no
existe antecedente de que haya sido detenido por
ninguna corporaciOn policiaca del Estado. Por 10
tanto no hay registro de que hubiera sido
internado en ninguno de los centros penitenciarios
del pals.
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Brahim Sabbar, Secrétaire general de
l'Association Sahraouie des Victimes des
Violations Graves des Droits de /‘Homme
Commises par /‘Etat du Maroc (ASVDH), et
Ahmed Sbai, membre du Conseil de coordination
de IASVDH et du Comité pour/a Protection des
Détenus de Ia Prison Noire. Tous les deux ont fait
objet dun appel urgent envoyé le 29 juin 2006
(A/HRC/4/33/Add.1, para. 148). lIs seraient
actuellement détenus dans Ia Prison Noire de
Laäyoune. Le 19 janvier 2007 des policiers de Ia
Compagnie mobile d'intervention auraient pénétré
dans Ia cellule oü étaient détenus Brahim Sabbar
etAhmed Sbai, ainsi que 16 prisonniers
politiques, et les auraient battus violemment,
quelques uns avec des matraques. Ils auraient
cassé Ia jambe de Brahim Sabbar au cours de
lattaque. Ensuite les policiers auraient menotté
tous les prisonniers presents. Brahim Sabbar et
Ahmed Sbai auraient été arrêtés a Boujdour, au
Sahara occidental, le l7juin 2006. Leur
arrestation aurait fait suite a Ia reunion inaugurale
d'une branche de IASVDH a Boujdour et a Ia
publication d'un rapport contenant des allegations
darrestations arbitraires, de torture et de mauvais
traitement au Sahara occidental. Le 27 juin 2006,
Brahim Sabbar aurait été condamné a deux ans
demprisonnement pour avoir attaque et désobéi a
un officier de police, ce que Brahim Sabbar
nierait. De plus, on aurait nié le droit a M. Sabbar
de lire et de verifier le rapport de police sur lequel
se base laccusation. Une Courdappel aurait
confirmé cette decision le 20 juillet 2006.
Par une lettre datée du 17/08/07, le
Gouvernement a répondu que MM. Ahmed Sbai
et Brahim Sabbar ont été arrêtés le 17 juin 2006.
Présentés a Ia justice pour refus d'obtempérer aux
sommations de Ia force publique, violence et
outrage a des agents publics dans l'exercice de
leurfonction avec tentative d'atteinte a leur
integrite physique, MM. Ahmed Sbai et Brahim
Sabbar ont été condamnés a deux ans de prison
ferme. Le Gouvernement affirme qu'ils ont
bénéficié de procès publics et equitables
conformément a Ia legislation nationale en
vigueur, en respectant les standards
internationaux et avec Ia presence d'observateurs
etrangers. Selon le Gouvernement,
l'Administration penitentiaire de Ia prison civile de
Laäyoune a procede, le l9janvier 2007, a une
operation de fouille des cellules des detenus,
notamment celles MM. d'Ahmed Sbai et Brahim
Sabbar. Cette operation a ete menee par les
gardiens de Ia prison et non par des elements de
Ia Compagnie Mobile d'lntervention. L'operation
en question a ete menee en conformite avec Ia
reglementation en vigueur, en respectant les
droits des prisonniers a preserver leur dignite. Les
personnes chargees de l'inspection n'ont pas eu
recours a Ia force. Concernant Ia fracture de M.
Brahim Sabbar, il s'agit d'une fracture du
metatarse du pied gauche qu'il a contracte le 17
novembre 2006 (deux mois avant l'operation de
fouille du lgjanvier 2007), suite a une glissade
dans les toilettes. II a, par Ia suite, ete evacue au
service de traumatologie a l'HOpital de Laäyoune
154.
Morocco
0 1/02/07
JUA
FRDX;
HRD; TOR
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oü ii a recu les soins appropriés. Le
Gouvernement a joint a sa réponse les copies des
rapports sur l'état de sante MM. d'Ahmed Sbai et
Brahim Sabbar en date du 8 février 2007. Les
rapports affirment que les deux sont en bon état
gén éral.
155. 18/06/07 JAL SUMX; Soulaymane Chouihi. Le 27 April 2004, M.
TOR Soulaymane Chouihi se serait rendu au poste de
police de Goulmim dans le cadre d'une enquete
ouverte sur le vol de son fusil de chasse.
Quelques heures plus tard il aurait été conduit du
poste de police a l'hOpital de Goulmim, oü il serait
décédé le même jour. Un rapport d'autopsie
redige le 4 mai 2004 par le Dr. Said Louahlia,
Directeur de l'lnstitut de médecine legale au
Centre Hospitalier Universitaire de Casablanca,
aurait conclu qu'il s'agit d'une mort violente
traumatique secondaire a une hemorragie
méningée, suite a un traumatisme cränien recent
direct pariétal gauche de nature contondante.
[ ...] L'autopsie aurait révélé aussi un
traumatisme thoracique recent direct)) et des
((traces de violences minimes sur le coude
droit (écorchures)x . Une deuxième autopsie par
une commission composée de trois médecins du
Bureau d'Hygiene de Rabat, ordonnée par le
parquet auprès de Ia Cour d'Appel de Goulmim, et
exécutée le 11 mai 2004 a Ia morgue du Bureau
d'Hygiene de Rabat, aurait confirmé les
conclusions du Dr. Louahlia: Le décès semble
faire suite aux complications d'un traumatisme
cränien etthoracique.x Le 11 mai 2004, lejuge
d'instruction aurait inculDé trois officiers de Ia
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poste de police de Goulmim de ((violence
volontaire dans l'exercice de leurs fonctions sans
intention de donner Ia mort , et de falsification du
procès-verbal, et aurait demandé leur detention.
Les trois officiers auraient été renvoyés a Ia
Chambre criminelle de Premiere Instance auprès
de Ia Courd'Appel d'Agadir. Durantle procès
devant Ia Chambre criminelle, deux femmes qui
avaient déclaré au juge d'instruction avoir vu M.
Chouihi vomir dans Ia cour du poste de police,
atteint par une attaque d'épilepsie, auraient
rétracté leurs declarations. Elles auraient explique
a Ia Chambre criminelle que ces declarations
avaient été faites sous menace de Ia part de Ia
police. Le 15 novembre 2005, Ia Chambre
criminelle auraitjuge coupable un des officiers et
l'aurait condamné a 10 ans de prison ferme, tout
en acquittant les deux autres inculpés. La
Chambre criminelle aurait condamné aussi le
premier a payer des reparations aux parents de
M. Chouihi (20,000 dirhams chacun) et a Ia
femme et aux enfants (40,000 dirhams chacun).
Le 11 décembre 2006, Ia Chambre criminelle
d'Appel aurait annulé le jugement de Premiere
Instance et acquitte l'accusé. II parait que Ia
Chambre d'Appel aurait donné foi aux
declarations de deux nouveauxtémoins qui
avaient déclaré que M. Chouihi souffrait
d'attaques d'épilepsie. La Chambre aurait écarté
les rapports d'autopsie, en les jugeant
insuffisamment argumentes. Le 14 décembre
2006 les parents de M. Chouihi auraient fait
recours a Ia Cour Supreme pour contester Ia
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decision de Ia Courd'Appel. La decision de Ia
Cour Supreme est attendue dans les prochaines
semaines. La Chambre d'Appel aurait ignore le
temoignage des femmes qui avaient rétracté leurs
declarations au juge d'instruction selon lesquelles
M. Chouihi aurait été saisi d'une attaque
d'épilepsie. En plus, Ia decision de Ia Chambre
d'Appel indiquerait que plusieurs témoins avaient
déclaré que Ia victime souffrait d'épilepsie sans
identifier ces témoins. La Chambre d'Appel aurait
décidé d'écarter les deux rapports d'autopsie qui
établissaient que M. Chouihi est décédé a cause
d'un traumatisme cränien et thoracique
récents)) comme insuffisamment expliques .
156. 30/08/07 JUA HRD; TOR Benamarldir, Ettahery Brahim, Hachami
Rachid et Oulhadj Mohamed ; actuellement
détenus a Ia prison d'Errachidia ; Addouch
Hamid, Ait Lbacha Youssef, Ait-Lkaid Idir,
Chami Mohamed, Hjja Younes, Noun
Mohamed, Oussay Mustapha, Ouddi Amer,
Tag hlaoui Amer et Zaddou Mohamed;
actuellement détenus a Ia prison de Meknes ; tous
membres du Mouvement Culturel Amazigh
(MCA), un mouvement estudiantin pacifique et
democratique qui milite pour les droits
fondamentauxdu peuple amazigh. us auraient
tous été arrêtés au mois de mai en relation avec
deux meurtres dont ils seraient accuses. Ceux qui
étaient détenus dans les locaux de Ia police de
Meknes auraient fait l'objet de violences
physiques durant leurséjour. Tous les 14
étudiants seraient depuis détenus en prison. Les
accusations seraient basées sur des aveux
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arrachés par Ia police sous Ia menace et auraient
été reniés par leurs auteurs devant les juges
d'instruction lors des audiences du 27 juin et du 3
aoüt 2007. Par ailleurs, les 14 étudiants seraient
regulierement insultés, frappés et piétinés en
prison et les gardiens confisqueraient Ia nourriture
apportée par leur famille.
157.
Follow-up
to past
cases
Brahim Dahane, Hammud Iguilid, Djimi el
Ghalia et Dah Mustafa Dafa (A/HRC/4/33/Add.1,
para. 147)
Par une lettre date du 28 mars 2007, le
Gouvernement a repondu que Hammoud Iguilide
a été interpellé le 18 mars, mais liberé le soir
même. Brahim Dahane, Djimi el Ghalia,
et Dah Mustafa Dafa ont été arrêtés le 24 mars et
liberés le lendemain. Les allegations ne se
basent sur aucun fondement, les personnes
mentionnées n'ont fait l'objet d'aucun acte de
torture ou de mauvais traitement lors de leurs
interpellations. Aucune requete a été déposée a
ce sujet. Toutefois il est a préciser qu'à chaque
fois que des présomptions sérieuses sur des cas
de torture existent, les autorités marocaines
entreprennent les investgations nécessaires a leur
sujet et, le cas échéant, leur donnent suite, sur le
plan administrif d'abord, judiciaire ensuite.
158.
Myanmar
09/03/07
JUA
WGAD;
TOR; VAW
Ms. R. N., Ms. C. N. R., Ms. N. H. D. and Ms. P.
R., four girls aged between 14 and 16 from Kachin
state. They are detained at Putao Prison, Kachin
state. In early February 2007, the four girls were
gang-raped by three army officers and four
soldiers of Infantry Battalion No. 138, based in
Munglang Shidi, Putao District, Kachin state.
Army officials gave money to the girls and their
parents to persuade them not to report their case
to the police. However, in late February, the
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incident was reported by an independent news
agency. After the information was released, the
four girls were immediately arrested and are now
detained at Putao Prison, Kachin state.
159.
12/03/07
JAL
SUMX;
TOR
Maung Chan Kun. He was arrested at his home
in the Irrawaddy Delta region by the police during
the night of 11 January 2007. The next morning
the family of Mr. Chan Kun went to Pantanaw
Township Hospital upon being advised about his
whereabouts by the police. Mr. Chan Kun was
dead with a hole in the back of the head. There
was bruising from his neck to the back of his ears,
and to the sides of his face and forearms. Mr.
Chan Hun was found lying on a wooden bed
frame with one arm apparently chained to it.
By letter dated 22/05/07, the Government
informed that Maung Chan Kun was sentenced on
30 October 2006 to two years' imprisonment in
Maubin Prison for cheating and dishonestly
inducing donations from others while he was in
monkhood (sections 295(A) and 420 of the Penal
Code). On 13 December2006, he escaped during
a transfer from Maubin Prison to Pantanaw
Prison. On 11 January 2007, the Pantanaw Police
found him again. He was seriously ill from malaria
and was immediately sent to Pantanaw Hospital
for treatment, however he died on the same day in
hospital.
160.
10/05/07
JAL
MIN; MMR;
SALE;
TOR
Military forces continue to commit rape in several
regions, including Karen/Kayin, Mon, Shan and
Chin. Over the last 18 months, 125 cases of rape
have been reported in Karen areas, and about 30
cases of rape against women and minor girls have
been reported in Chin areas. The soldiers
committing rape employ extreme violence,
sometimes torturing and murdering their victims.
161.
28/09/07
JUA
WGAD;
RINT;
HRD;
MMR;
SUMX;
TOR
The military has dispersed demonstrations,
peacefully initiated by Buddhist monks in Yangon
and other cities by use of force, including teargas
and beatings. The armed forces fired
indiscriminately into the crowds, thereby killing
and injuring a significant number of persons.
Allegations are that raids on at least six
monasteries have resulted in numerous monks
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being beaten and arrested. About 200 monks are
said to be detained in two monasteries in Yangon
alone.
162.
17/10/07
JUA
FRDX;
HRD;
MMR; TOR
Htay Kywe, Ms. Mie Mie (also known as Ms Thin
Thin Aye) and Aung Thu, all human rights
activists, and members of the 1988 Generation
Students Group. On 13 October 2007, in the early
hours of the morning, approximately 70 members
of the security forces broke into the house where
they were staying. The officers arrested the three
of them, as well as the owner of the house and
two other members of the 1988 Generation
Students Group who were also present. Mr. Htay
Kywe, Ms. Mie Mie and Mr. Aung Thu were
initially involved in the protests in August 2007,
but once the authorities began searching for the
members of the 1988 Generation Students Group,
they went into hiding. On 21 August 2007, thirteen
activists who were members of the 1988
Generation Students Group were arrested
(subject of a previously transmitted
communication dated 28 August 2007). The
current whereabouts of the three persons are
unknown. Before his arrest Mr. Htay Kywe was in
poor health.
163.
10/12/07
JUA
WGAD;
FRDX;
HRD
Aung Zaw 00, a member of the Human Rights
Defenders and Promoters (HRDP) network. On 26
November 2007, he was arrested by plain-clothes
policemen while sitting in a tea-shop in downtown
Yangon. Mr. Aung Zaw 00's whereabouts are
currently unknown. Mr. Aung Zaw 00 had recently
been involved in organ ising events on behalf of
HRDP in preparation for International Human
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Rights Day on 10 December 2007.
164. Nepal 17/04/07 JUA WGAD; K. B. B., aged 15, L. B. 0., aged 16, M. B. S.,
TOR; aged 16, R. B. B.K., aged 16, M. P. R., aged 16,
and Tilak Rawal, aged 26, all of Naubasta Village
Development Committee (VDC)-8, Banke district,
and Budhda Pariyar, aged 19 of Bankatwa VDC-
4, Banke. They are currently detained at the
District Jail, Banke. Between 10 and 11 March
2007, they were arrested at their homes in
connection with a theft, without arrest warrants, by
a group of around eight to twelve plain-clothed
police officers from Kohalpur Area Police Station,
Banke district, and taken to the station. All were
beaten during their transport and upon their arrival
at the police station. They were handcuffed and
ordered to lie down on the floor with their feet up
for around 20-30 minutes. They were beaten with
wooden sticks on their feet and chest and kicked,
while some of them were also threatened with
death or electric shock. Initially accused of a shop
theft, they were later charged with the looting of a
vehicle on Nepalgunj-Surkhet road one month
earlier. All of them were forced to confess. The
seven individuals were then transferred to the
District Police Office, Banke district on 12 March
2007 for further investigation. On 6 April 2007, the
district court ordered their transfer to District Jail,
Banke. The five children are detained together
with adults. Lawyers from the human rights
organisation Advocacy Forum were unable to gain
access to their clients until 22 March 2007.
165.
02/05/07
JAL
TOR;
VAW;
D. C., a 16-year-old from Tarahara VDC-8, and
Ms. Santa Choudhary, a 20-year-old from Pakali
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VDC-1. Both women belong to a low caste in the
Sunsari district of Terai, where the Communist
Party of Nepal (Maoist) is exercising delegated
authority. On 9 April 2007, the couple filed an
official complaint to the Nepal National Human
Rights Commission in relation to harassment and
threats of abduction from their families or Maoists
in relation to their homosexual relationship. The
couple is currently hiding. On 2 March 2007, the
women were abducted by Maoists from Pakali
village when they were on their way to celebrate
the annual Hindu Holi festival. They were taken
into custody at the Maoist camp in Singiya village,
Sunsari district, and intensively interrogated about
their sexuality. They were told that their blood
would be tested to determine whether they were
lesbian. The women were released after ten hours
on the condition that they return with staff from the
Human Welfare Society to their parents. Staff of
the Human Welfare Society was also summoned
to the camp and subjected to part of the
interrogation. D.C. was forcibly returned by her
parents to her family home on several occasions,
most recently on 22 March 2007. Her parents and
her brother (who is a Maoist) informed the Maoists
about their relationship in order to encourage
them to discontinue their relationship and lifestyle.
The two young women, who commenced living
together in the beginning of 2006, have been
hiding in different places since their respective
families do not approve. In October 2006, Ms.
Dukhani Choudhary and Ms. Santa Choudhary
were abducted and held in the Maoist camp in
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Lochani village in Morang District. At the camp,
the Maoists called the couple derogatory names
for homosexuals including “chakka” and “hijara”
and ordered the girls to join the Maoist party and
undergo the training for the Maoist militia. As the
young women refused to join the Maoist party and
carry weapons, they were beaten, verbally
abused, and deprived of food almost everyday.
After being detained for almost one month, they
managed to escape from the camp and went into
hiding .
166. 07/06/07 JUA WGAD; Bablu Rai (also known as Sojhe), aged 34. On 6
TOR May 2007, he was arrested at around 7 p.m. by a
police officer of the Nepalgunj Customs Office,
Nepalgunj, Banke district. He had been returning
from work in the city of Rupediha in neighbouring
India. He was arrested on charges of drug
smuggling. Immediately after his arrest, the
customs official handed him over to Jamunaha
Police Station in Nepalgunj. Upon Mr. Rai's arrival
at the police station, between six and seven police
officers made him lie down on the floor, beat him
on the soles of his feet with a plastic pipe and
stick, and all over his body for about two hours
while interrogating him. Bruises and cuts were
visible on his body. Around midnight Mr. Rai was
transferred for further investigation to the District
Police Office, Banke district, where he is currently
being detained. On 6 May 2007, Mr. Rai was
remanded for a period of five days and taken to
the Bheri Zonal Hospital, Banke district. He did
not receive any medication. On 22 May 2007,
Advocacy Forum filed a comDlaint on his behalf
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before the district court of Banke in order to obtain
a medical check for him. The court rejected the
petition, reasoning that a complaint could be filed
in connection with the next remand decision.
When Mr. Rai was remanded for a second time on
10 May 2007 for a period of 30 days, Advocacy
Forum appealed to the appellate court of
Nepalgunj against the decision of the district
court. However, the appellate court rejected the
application stating that the complaint had not been
previously registered with the District Court .
167. 28/06/07 AL TOR M. C., aged 17, Surya Chaudhary, aged 18, A.
C., aged 15, S. L. C., aged 17, Deshu Lal
Chaudhary, aged 17, Maya Ram Chaudhary,
aged 18, M. L. C., aged 17, Jeevan Chaudhary,
aged 18, all from Kohalpur, Banke district. On 4
May 2007 around 9.30 p.m., they were arrested
by seven or eight officers of District Police Office
(DPO) at Piprahawa Chowk, Ganapur village,
Banke district. During the arrest the police beat
them with bamboo sticks, the butts of their guns,
torches and boots, and also kicked, slapped and
verbally abused them for about an hour. The
police officers then tied their hands behind their
backs, loaded them into police vans and took
them to Bheri Zonal Hospital, Nepalgunj, Banke
district, for a medical check-up. No medical check-
up was performed. At 1 a.m. on 5 May 2007, all of
them were taken to District Police Office, where
they were interrogated and beaten with sticks
several times that night. On 6 May 2007, all eight
persons were produced before Banke district
court on charaes of robbery. The court remanded
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them for 10 days and renewed the remand on the
same basis on 11 May 2007. On 11 May 2007, an
application for a medical check-up was filed with
the district court on behalf of M.L.C., Jeevan
Chaudhari and Maya Ram Chaudhari, and an
order was issued by the judge on the same day,
but they were not taken to Bheri Zonal Hospital
until on 14 May 2007. As a result of the beatings
Jeevan Chaudhary's eardrum swelled, but when
he was later examined at the hospital, the doctor
stated that he was simply suffering from a
common cold. From the following day, for five
days, some of the members of the group were
forced to dig a ditch on the DPO premises. On 23
May 2007, they were released on bail, except for
A.C., who was released later that day on condition
he report to the district police office a week later .
168. 13/07/07 JAL TOR; VAW K.K., a 15-year-old-girl with a mental disorder
from Dekhatbhuli VDC, Kanchanpur. On 4 June
2007, when she was on her way to visit her uncle,
two police constables from Zonal Police of
Mahakali and Police Battalion Kanchanpur,
requested her to accompany them. The two men
took her to a house, which is situated next to a tea
shop owned by one of the officers' brother. They
raped her and later took K.K. to the home of
another officer from Mahakali Zonal police, and
left her there with his wife. In the evening, K.K.
was raped throughout the night by this officer and
his nephew. The next morning the officer's wife
tore off K.K.'s clothes, accusing her of wanting to
become her husband's second wife, and took her
to Zonal Police Office. After a Dreliminarv
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investigation both women where referred to
District Police Office. K.K. was taken to Mahakali
Zonal Hospital in Kanchanpur for a medical
examination, which confirmed that she had been
raped. K.K. was bleeding for several days after
the incident. The doctors who examined the victim
prescribed medication for her physical injuries
however, no counselling or specific protection
measures have been provided to K.K. Three
persons were arrested on 5 June 2007, charged
with rape by the district court, and are detained.
The police constables from Zonal Police are still at
large despite the arrest warrants issued against
them. All three police constables have been
suspended from their jobs .
169. 17/08/07 AL TOR Kalam Miya, a 27-year-old resident of Pakali
VDC-3, Sunsari district. He is currently detained at
District Police Office (DPO), Morang. On 29 July
2007 at about 8.30 p.m., he was arrested at
Saraswati Tole, Biratnagar by policemen from
Hathkhola Ward Police Station on charges of
robbery. After having been detained at the police
station for two hours, he was transferred to DPO.
In the morning of 30 July 2007, Mr. Kalam Miya
was locked inside the women's cell at Morang
DPO and interrogated by three policemen,
including a sub-inspector. The three officers made
him lie on the floor, restrained his legs and chest,
and beat him with a stick on his feet, legs, ankles,
fingers and joints of hands and legs. They also
kicked and punched him. When he protested, they
stuffed his mouth with a cloth and continued to
beat him for about 90 minutes. They also
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threatened that they would torture him to death if
he refused to confess to the charges. Mr. Kalam
Miya was then taken to another cell for the night.
On 31 July 2007 at around 9 p.m., Mr. Kalam Miya
was again beaten for about one hour by the same
perpetrators. He was forced to lie on the floor with
his legs on a chair and beaten randomly on his
feet, ankles, and joints of legs and hands. The
beatings ceased when he agreed to sign a
prepared statement. He was taken for a medical
check up at the Kosi Zonal Hospital, Morang
district, but no medical treatment was provided to
him. Subsequently he was taken to Morang
district court. He was remanded for five days
initially, which was extended for another seven
days on 5 August 2007. At his remand hearing, he
tried to file a complaint about the treatment by the
police with the district court but the judge did not
take it into account. As a result of the treatment
his legs are still swollen and the joints of his legs
and hands hurt.
170.
17/10/07
JUA
TOR
Bikash K.C., an 18-year-old school teacher,
residing at Khara VDC - 8, Rukum district, Man
Prasad Dahal, a 23-year-old farmer, residing at
Kausila Nagar, Rjhina VDC - 5, Banke district, and
K. B. T., aged 17, from Kohalpur village, Banke
district. K. B. T. was placed in detention on 14
August 2007 by police officers at the APO
Kohalpur after voluntarily reporting to the police
station because of rumours that he was wanted
for theft. Upon arrival, a police inspector called
him to his office and started beating him with a
stick between eight and ten times on his back and
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thighs, while verbally abusing him. On 16 August
2007, at about 11 p.m., the inspector handcuffed
K.B.T. and Mr. Man Prasad Dahal and forced both
to jump like frogs in the yard of the police station.
The inspector beat K.B.T. with a stick on his back
and forced him to drink large amounts of water.
Different practices of ill-treatment were applied to
K.B.T. for one week on a daily basis. On 11
September 2007, the single bench of the district
court of Banke charged K.B.T. with theft. As he
was not able to pay the bail set at Rs. 532,000 the
court ordered his detention at Banke District Jail,
where he is being held together with adults. Man
Prasad Dahal was arrested on 16 August 2007 at
around 8 p.m. on charges of theft by police
officers from the APO at Kohalpur. Following his
arrest, he was insulted and beaten with a stick 8
cm x 1 m long for about ten minutes by the senior
police constable. He was then taken to the APO
Kohalpur where he was again beaten by a police
inspector for about 20 minutes with a bamboo
stick on his back, calves and hands. He was
beaten every day for the whole week. The police
inspector threatened Mr. Man Prasad Dahal that
he would be skinned if he disclosed the incident.
On 18 August 2007, Mr. Man Prasad Dahal was
transferred to the District Administration Office,
Banke and remanded for 22 days. From there he
was taken to the Teaching Hospital at Kohalpur,
treatment. He was neither provided with
medication nor x-rayed as recommended by a
doctor. Mr. Man Prasad Dahal is suffering from
pain in his arms, back, and chest. He coughed
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blood and had respiratory problems for two days
and has scars on his back. Since 10 September
2007, Mr. Man Prasad Dahal has been detained
at the District Jail as he was not able to pay the
bail of Rs. 14,000. He has been able to hire a
lawyer. Bikash K.C. was arrested at
Bidhayanagar on 13 September 2007 at around 2
a.m. by police officers from the Area Police Office
(APO) Kohalpur, including an assistance sub-
inspector. Mr. Bikash K.C. was arrested after his
cousin, a sub-inspector of the APO, accused him
of conspiring to kill him on 13 September 2007.
From the time of his arrest until 26 September
2007, Mr. Bikash K.C. was subjected to ill-
treatment by his cousin and the arresting officer of
APO. He was forced to stand for many overs,
prevented from sleeping, kicked and beaten with
iron rods, forced to eat a nail covered with paper,
was threatened with death, and given food mixed
with glass shards. Bikash K.C. was handcuffed
throughout. When human rights activists
attempted to meet with him he was shifted to
another cell. On 26 September 2007, Mr. Bikash
K.C. was able to briefly meet with a lawyer, who
was informed by the APO inspector in charge that
the the situation was a private family matter, that
Mr. Bikash K.C. was detained and not brought to
court at the request of sub-inspector, and
requested the lawyer not to disclose the incident.
After the meeting with this lawyer, Mr. Bikash K.C.
was punished by his cousin and two other police
officers. He was forced to lie down on a bed in a
room of the communication department and
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beaten with iron rods on his buttocks and back.
When Mr. Bikash K.C. asked for water the police
officers forced him to drink urine. Mr. Bikash K.C.
was remanded on 27 September 2007 on charges
of attempted murder by the district court, Banke.
On 30 September 2007, when representatives of
a human rights organisation met Mr. Bikash K.C.
again, he informed them about the ill-treatment.
He is still in detention at the APO in Kohalpur. A
local NGO is now able to provide him with legal
aid and he has access to food. However, Mr.
Bikash K.C. has not received any medical
assistance and a request to have him transferred
to another detention centre was rejected by the
responsible police inspector of the APO .
171. Nicaragua 21/08/07 AL TOR La comisarla Bluefields. El Grupo de Trabajo
sobre DetenciOn Arbitraria, en su informe
adoptado tras Ia visita a Nicaragua en mayo de
2006 (véase doc. A/HRC/4/40/Add.3, párrs. 90 a
93), menciona que las condiciones en este
establecimiento son “intolerables”. “hay una cama
por cada tres detenidos; el resto debe dormir
sobre el piso o sobre hamacas instaladas en 10
alto de las celdas. Estas son sucias, oscuras y
hUmedas, sin ventilaciOn. Los detenidos no
pueden salir de las celdas para tomar aire fresco
o hacer un mInimo de ejercicio fIsico. [ ...] Algunos
detenidos pueden estar varios meses y hasta
años en las celdas de Ia policla. [ ...] [ Los
detenidos] denunciaron también que los agentes
recurren sistemáticamente a Ia tortura y a los
malos tratos, golpeándoles con el objetivo de
obtener informaciones v confesiones v de
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mantener Ia disciplina en las mencionadas celdas.
La delegaciOn visitO Ia oficina utilizada para los
interrogatorios, que los detenidos denominan
“cuarto de torturas. En ella encontrO uno tras otro
los objetos que los detenidos denunciaban que
eran utilizados para torturarles. La delegaciOn
encontrO también a un detenido encadenado a un
mástil en el patio de Ia comisarla. Hacla más de
ties meses que pasaba dIas y noches ahI,
repitiendo palabras incoherentes.” En relaciOn con
los hechos arriba mencionados y siendo que hace
más de una año que Ia visita del Grupo de
Trabajo tubo lugar, agradecerla recibir
informaciOn con relaciOn a las medidas adoptadas
por el Gobierno con vistas a asegurar que los
derechos de los detenidos en Ia comisarla de
Bluefields sean respetados y que se adopten las
medidas necesarias con relaciOn a las personas
involucradas en dichas violaciones .
172. Nigeria 04/05/07 UA TOR Kuje Prison, Federal Capital Territory. On 4
March 2007, the Special Rapporteur visited Kuje
Prison, where he spoke in private with several
detainees, as well as held discussions with the
Controller, Mr. Abdul-Rahman Ashafa, and Mr.
Kabir Umar Funtua, Assistant Controller of
Prisons. On 28 March 2007, the inmates sought to
complain to the yard master about the shortage of
clean drinking water provided to them. When they
insisted to see the yard master, the warders
attempted to use batons to force the inmates back
into in Medium Custody 1 cell. An armed squad
arrived shortly thereafter and shot three inmates.
Other warders armed with sticks, iron and other
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objects proceeded to beat the inmates. Seven
inmates were identified by the warders as leading
the protestors and were taken to a cell in the yard
where they were beaten and tortured until they
gave up their protest three days after the incident.
As a result, two of these prisoners died: Mr.
Mathew Mato, a mobile police constable charged
with armed robbery, and an elderly inmate named
Joseph, who was facing charges of corruption. It
has been reported that since the violence,
inmates in the yard are served one cup of water in
the morning and in the evening; complaints are
ignored; and at the slightest provocation, the
warders bring out and beat the offending inmate.
173.
Pakistan
09/03/07
JUA
WGAD;
HRD; IJL;
TOR
Khalid Khawaja, a resident of Rawalpindi,
currently detained in a high-security detention
facility in Faisalabad. Mr. Khawaja has been
active with an organ isation called Defence for
Human Rights, which brings together relatives of
people who were disappeared, especially those
who were held by the security forces on suspicion
of having links with terrorist networks. Khalid
Khawaja was taken into custody by security forces
at daybreak on 26 January 2007 outside his family
home in Rawalpindi. After some hours of inquiries
his family was told that he was held in Adiala Jail,
in Rawalpindi, charged with “distributing
pamphlets that incite sectarian violence.” On 21
February 2007 the Islamabad additional and
sessions court granted him bail, but instead of
being released that night he was moved to a
different detention facility on the orders of the
Home Secretary of Punjab. News reports claimed
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that he had been moved to a high-security
detention facility in Faisalabad, but when his
lawyer called the detention centre to confirm the
reports, he was told that no one by that name was
in custody there. On 22 February 2007 the district
magistrate of Islamabad ordered Mr. Khawaja's
detention to be extended by 30 days under the
Maintenance of Public Order Act 1960. Mr.
Khawajas family and lawyer filed an appeal with
the Lahore High Court (Rawalpindi Bench). On 28
February 2007, the High Court directed the
provincial and federal authorities to establish
Khalid Khawaja's whereabouts and produce him
in court by 2 March 2007, and make known the
charges against him. The authorities did not
comply. In a hearing on 2 March 2007 they
disclosed that he is currently held in a high
security detention facility in Faisalabad. The High
Court ordered that he be transferred to Adiala Jail
in Rawalpindi by 5 March at the latest. Mr.
Khawaja remains detained incommunicado with
no access to his lawyer or family.
174.
16/03/07
JUA
FRDX;
HRD; TOR;
Situation of demonstrators, including lawyers
from the prime bar associations, political
activists, civil society actors and members of
the public, engaged since 13 March 2007 in
protests against the decision of the President to
suspend the Chief Justice. On 16 March 2007,
law enforcement authorities used exessive force
against peaceful protestors in Islamabad, Lahore
and Karachi. Several of these protesters were
physically assaulted by the forces, and
subsequently arrested. According to reports, in
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Islamabad, Lahore and Karachi, law enforcement
authorities fired tear gas shells at the protesters
leading to several injuries. Rubber bullets were
also used in Islamabad to disperse the
demonstrators in different parts of the city.
Furthermore, journalists were denied access to
key points from where the public protests could be
covered, and several of them were physically and
verbally abused, and their cameras and other
equipment damaged by the police. Finally, law
enforcement authorities raided the premises of the
private GEO TV station, using tear gas and beat
the journalists present inside.
175.
03/10/07
JAL
IJL; TOR
Ghulam Nabi;a lawyer in Peshawar. Around 7
p.m. on 12 September2007, in the vicinity of his
office in the Khyber Bazaar, six or seven men
from the intelligence agency forced a black hood
on him, put him in a vehicle and took him to an
unknown destination about 20 minutes away. He
was severely beaten for several hours. The next
morning he was hooded again, taken away in a
vehicle and abandoned in a deserted place.
176.
18/10/07
JAL
RINT; TOR
Raja Fiaz, Muhammad Bilal, NazarZakir
Hussain, Qazi Farooq, Muhammad Rafique,
Muhammad Saddique and Ghulam Hussain.
The seven persons are members of the Mehdi
Foundation International (MFI), a multi-faith
institution utilizing mystical principles of Mr. Ra
Gohar Shahi. On 13 July 2006, the Anti-Terrorism
Court No. 1 in Lahore sentenced each of these
persons to five years' imprisonment, inter alia,
under section 295A of Pakistan's Penal Code for
having outraged others' religious feelings. Since
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27 August 2006, the seven men have been
detained in Sahiwal Jail, Punjab, where they were
forced to parade naked, hung up in the air and
beaten. Their prisoners' records are posted
outside the cell, falsely indicating that they had
been sentenced on charges of blasphemy under
section 295C of the Penal Code. For this reason,
they are constantly threatened and intimidated by
prison staff as well as by other detainees. In
particular, Mr. Ghulam Hussain was targeted by
several other inmates and sexually assaulted.
Staff members also sexually abused him and
pushed burning cigarette butts in his anus, which
left scars that can still be seen. They were
arrested on 23 December 2005 in Wapda Town
and the police confiscated posters on which Mr.
Gohar Shahi was shown as “Imam Mehdi” .
177. 23/11/07 JUA FRDX; Situation of lawyers, judges and human rights
HRD; IJL; activists in Pakistan, including the lawyers Munir
TOR A. Malik, Aitzaz Ahsan, Tariq Mahmood, Ali
Ahmed Kurd, Abrar Hassan and Ahsan Bhoon,
and lfetkhar Choudhry, Chief Justice of
Pakistan, other judges of the Supreme Court,
Sabih Uddin Ahmed, Chief Justice of Sindh,
Justice Shahani, and Justice MusheerAlam,
judges of the Sindh High Court. Mr. Malik and Mr.
Kurd have been subject to previous
communications. No reply to these
communications has been received so far. The
situation of lawyers and judges, including the
judges of the Supreme Court, has also been
addressed by an urgent appeal sent on 6
November 2007. Since 3 November 2007. when
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President Musharraf declared the state of
emergency, thousands of lawyers have been
arrested and detained in all provinces of Pakistan.
Many of them are being held for up to 90 days
under the Maintenance of Public Order law. It is
reported that Mr. Munir A. Malik, former president
of the Supreme Court Bar Association (SCBA), is
being held in Attock Fort under the custody of the
military intelligence service. Numerous instances
of torture are said to have occurred here during
the past months. MunirA. Malik, who is known to
suffer from a heart condition, was visited by
government doctors on 10 November. There have
been no further reports on his current condition.
Aitzaz Ahsan, current president of the SCBA, is
being held in Adiala Prison in Rawalpindi. His
lawyer has repeatedly been denied access to him.
On 6 November, the authorities at the Adiala
Prison denied access to Atizaz Ahsans lawyer,
even though the deputy commissioner of
Islamabad administration had given permission.
Mr. Tariq Mahmood, former President of the
Supreme Court Bar Association had been
imprisoned in Adiala Prison. No one has been
allowed to see him and it is reported that he has
been transferred to an unknown place. The
whereabouts of Ali Ahmed Kurd, former Vice
Chair of the Pakistan Bar Council, who was also
detained on 3 November is unknown. Mr. Ali
Ahmed Kurd has been handed over to intelligence
agencies and has been maltreated. Mr. Abrar
Hassan and Mr. Ahsan Bhoon are said to be held
incommunicado since their arrest on 3 November.
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Although some lawyers have been freed around
20 November, it appears that many of them have
been re-arrested, and that the vast majority still
remain in detention. Mr. lfetkhar Choudhry, Chief
Justice of Pakistan, remains in detention, as well
as other judges of the Supreme Court who have
refused to take the new oath under the new state
of emergency regulations. Other judges are
detained in the country, including the following
judges of the Sindh High Court who have been
brought under house arrest: Mr. Sabih Uddin
Ahmed, Chief Justice of Sindh, Mr. Justice
Shahani, Mr. Justice MusheerAlam and Ms. Noor
NazAgha .
178. Philippines 14/02/07 JUA WGAD; Oting Mariano, aged 21, resident of Barangay
TOR (village) Kadiis, Carmen municipality, North
Cotabato province. On 13 January 2007, Mr.
Oting Mariano was arrested by four unidentified
men wearing plain clothes, presumably operatives
of Autonomous Region of Muslim Mindanao
Police Regional Office (PRO-ARMM) at Mega
Market in Poblacion Carmen. He was forced into a
white van, where he was handcuffed and
blindfolded with a piece of cloth while his mouth
was wrapped with packing tape. He was punched
several times in his chest and back. After a drive
of several hours he was brought to a room in a
building, where over the next seven days, he was
electrocuted by means of wires placed on the
sides of his head and arms, his head was
wrapped with cellophane and dunked in water,
and removed only when he was about to faint
from suffocation. He was thrown into a shallow
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grave in order to threaten him with death. He was
deprived of food. On 19 January 2007 a senior
police officer took him to the North Cotabato
Provincial Detention and Rehabilitation Center at
Amas, Kidapawan city, where he is currently
detained. As a result of the treatment his body
bears several marks of torture.
179.
02/03/07
JUA
WGAD;
TOR; VAW
Ms. Marilou Aligato, aged 29, six-months
pregnant. On 7 November 2006, around 3.30
p.m., she was apprehended by a group of military
officers of the 19th Infantry Battalion as she
disembarked from a bus at Kananga. They
covered her eyes and took her to the military
headquarters at Barangay Aguitinh, Kananga.
She was suspected of involvement in the killing of
a soldier at the Kananga market earlier that day.
Ms. Marilou Aligato was tortured in order to force
her to reveal the whereabouts of her alleged
companions from the paramilitary group, the New
People's Army. One of the officers put a plastic
bag over her head and tied it around her neck,
and two other men hit her legs with their weapons.
She was hit in the chest, head and back by other
soldiers. She was kept in military custody for three
days and later moved to Kananga Municipal
Prison. On 26 January 2007, Ms. Marilou Aligato
was transferred to the sub-provincial jail in Ormoc
City, where she is currently being detained in a
small and crowded cell. Ms. Aligato almost lost
her unborn child as a result of the torture and still
feels pain in her chest.
By letter dated 7/06/08, the Government informed
that on 7 November 2006, at around 2 p.m., a
member of the 19th Infantry Battalion of the
Philippine Army based in Kanaga, Leyte was shot
to death at the public market of Kanaga by two
unidentified assailants. The gunmen reportedly left
the crime scene in a hurry on a motorcycle. A
sergeant and corporal immediately followed the
assailants and arrested at the scene was a
woman suspected to be an accomplice, who was
later identified as Marilou Cabagoy Alegato. She
was left behind allegedly to monitor the situation.
Confiscated from her was a cellphone containing
text messages implicating her as the lookout and
accomplice in the killing of the soldier. On 8
November 2006, Ms. Alegato signed a waiver of
her rights pursuant to the provisions of Art. 125 of
the Revised Penal Code, duly subscribed and
sworn to her before the assistant prosecutor of the
provincial prosecutors office in Ormoc City. In the
morning of 9 November 2006, Ms. Alegato was,
brought for questioning before the provincial
prosecutors office for the crime of murder. In the
afternoon of the same date, she was turned over
to the Kanaga Municipal Police Station where she
was temporarily detained while awaiting proper
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disposition of her case. On 25 January 2007, she
was physically examined at the Ormoc District
Hospital, Ormoc City. On that same date, she was
transferred from her detention to the Leyte Sub-
Provincial Jail, Ormoc City pending hearing of her
murder case in court. It does not appear that Ms.
Alegato has instituted any complaint for the
alleged human rights violations committed against
her.
180.
20/04/07
JUA
HRD;
SUMX;
TOR;
yAW;
Nib Arado, a national council member of
Kilusang Magbubukid ng Pilipinas (Peasant
Movement of the Philippines) and chair of Bayan -
Bagong Alyansang Makabayan, an alliance of
human rights organizations which promote and
defend the rights of peasants, workers, women,
students and minorities; Ms. Maria Luisa Posa-
Dominado, an active campaigner for womens
rights and a member of the Society of Ex-
Detainees for Liberation, Against Detention and
for Amnesty (SELDA); and Jose Ely Garachico,
secretary-general of the Panay of Karapatan. On
12 April 2007, they were driving back home from
the Antique province when they were ambushed
by unidentified armed men in Oton town in Iloilo
province. The gunmen opened fire at the vehicle
and hit Mr. Garachico in the left side of his neck.
Mr. Arado and Ms. Posa-Dominado were forced
into the assailants' van. It was later found charred
in Barangay Guadalupe, Janiuay, 30 kilometres
northwest of Iloilo City. The whereabouts of Mr.
Arado and Ms. Posa-Dominado remain unknown
as of today. Mr. Ely Garachico, was taken to the
Iloilo Hospital for surgery, and remains in critical
By letter dated 7/06/07, the Government informed
that an investigation conducted by the Iloilo City
Police Office disclosed that on 12 April 2007 at
around 9.30 p.m., Mr. Jose Ely Garachico,
Secretary-General of KARAPATAN-Panay, was
driving a Mitsubishi L-200 van with plate no. FEA-
789, together with Ms. Maria Luisa Posa-
Dominado, member of the New Peoples Army
(NPA) Reaffirmist Group and spokesperson of the
Society of Ex-Detainees for Liberation against
Detention and for Amnesty (SELDA) and Mr. Nib
Arado, Chair of BAYAN-Panay. The group was
traveling from Antique province to Iloilo City to
attend the Anak-Pawis assembly in San Jose,
Antique when they noticed a Delica van with plate
no. FVF-463 tailing them from Guimbal, Iloilo.
Upon reaching Barangay Cabanbanan, Oton,
Iloilo, they were overtaken and blocked the van. At
that juncture, about three unidentified men
wearing fatigue pants and armed with pistols
alighted from the vehicle. One of them shot Mr.
Garachico in the neck while the other smashed
the left side window of the L200 van. The men
pulled out Mr. Garachico from the L200 van and
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condition.
left him along the highway then drove said vehicle
towards Iloilo City taking with them Ms. Posa-
Dominado and Mr. Arado. Concerned residents in
the area brought Mr. Garachico to the hospital for
medical treatment. On the following day, the L200
van was found burned at the sug arcane plantation
in Barangay Janiuay, Iloilo City. Verification made
with Land Transportation Office (LTO) Region 6
revealed that the Delica van plate no. FVF-463
was registered to a passenger jeepney. The
owner of the jeepney denied owning a Delica van
and told the police that said plate number was lost
a long time ago and had reported the same to the
LTO. A petition of Writ of Habeas Corpus for Ms.
Posa-Dominado and Mr. Arado was filed by the
counsels for the petitioners before the regional
trial court (RTC) branch 35, Iloilo City against the
Armed Forces of the Philippines (AFP).
Continuous investigation is being undertaken by
the Police Regional Office 6 to locate the
whereabouts of Mr. Arado and Ms. Posa-
Dominado and for the possible identification and
apprehension of the suspects. No penal,
disciplinary or administrative sanctions have been
imposed as the identity of the suspects are not yet
established.
181.
13/06/07
JUA
WGAD;
RINT; TOR
V. Berlin Guerrero, a 46-year-old, pastor of the
United Church of Christ in the Philippines
(“UCCP”), Malaban. He is currently in the custody
of the Philippine National Police at Camp
Pantaleon Garcia in Cavite. On 27 May 2007 at
5.45 p.m., he was arrested in front of Seven Star
gas station at Bgy. Casile, Binan, Laguna, by a
By letter dated 8/11/07, the Government informed
that the case is being monitored by the
Commission on Human Rights of the Philippines
(CHRP), which indicated that Pastor Berlin
Guerrero had been held in unofficial detention for
22 hours, when he was taken to Camp Pantaleon
Garcia, Imus, Cavite and allowed to call his wife.
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sub-unit of the Philippines Armed Forces on board
two L 300 FB vans whose plate numbers were
covered. He was handcuffed and taken to a place
he did not know and interrogated. Mr. Guerrero
was forced to give names and addresses of family
members, colleagues and of leaders of non-
governmental organizations in Southern Tagalog,
as well as his password to access his computer
and e-mails. During the interrogation he was
severely beaten on his head with a water bottle
and fists. Plastic bags were put over his head and
tightened until he could not breathe any more. He
was forced to shake his head for about an hour
and was beaten when he stopped. He was
threatened that his family would suffer if he did not
cooperate. He was also threatened with death,
burning or burial. He continued to be beaten
throughout the whole interrogation session. He
was also called “pastor-impostor”, which offended
his religious feelings. After about twelve hours, he
was put back in the van, still handcuffed and
blindfolded, and taken to Camp Pantaleon Garcia.
Mr. Guerrero has been charged in connection with
a murder case of 1990 and with inciting to
sedition. Mr. Guerrero's abduction is said to be
linked to the fact that the UCCP has been
included in a military orientation document called
“Knowing the Enemy” and listed as a leftist front
organization. About 30 UCCP pastors, and lay
workers have been killed since 2001.
According to the CHRP, the Provincial Director of
Cavite PNP, Fidel Posadas, said that Pastor
Berlin Guerrero was lawfully arrested by elements
of the Naval Intelligence and Security Force,
Philippine Navy with the assistance of the
intelligence based on two standing warrants of
arrest for murder and inciting to sedition. The
Government further informed that Pastor Berlin
Guerrero's case was pending before the Regional
Trial Court Branch 18 in Bacoor, Cavite under
Criminal Case No. B-91-254. The judge, on 2
August 2007 ruled that there was no basis for
release of the accused as he was charged with a
non-bailable offense. He reset arraignment to 14
November 2007. The Government also attached a
medical report, which identified several contusions
and abrasions on the body and concluded that
these injuries corroborated the allegations of ill-
treatment and that Pastor Berlin Guerrero is likely
to have been ill-treated.
182.
Romania
05/07/07
AL
TOR
Ibram Manet, aged 22, currently held at Oradea
High Security Prison, and Prisacaru Radu
Alexandru, aged 20, currently held at lasi High
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Security Prison. Mr. Ibram has been mistreated by
prison officials several times over a prolonged
period, most recently on 11 April 2007. In section
no. 8, cell no. 117, two officers chained Mr. Ibram
to the bed, sealed his mouth with tape, and
punched him in the chest and abdomen with
gloves filled with lead, and a hammer. As a result
of that treatment he broke an arm and sustained
numerous bruises. //Vhile Mr. Ibram has submitted
several complaints about previous mistreatment
and also about the incident described above to
the National Penitentiary Administration, to the
Prosecutor's Office and Courts, no measures
have been taken in response. On the night of 14
to 15 January 2006, Mr. Prisacaru was raped in
the medical unit (room no. 54) of lasi High
Security Prison by a fellow prisoner. The three
other prisoners present in the room pretended not
to hear his screams and no guard intervened.
When he consulted the lasi Legal Medical
Institute, it was found that he had been raped, but
no treatment was administered. When he filed a
complaint with the local prosecutor's office, the
prosecutor advised him to withdraw the complaint
because of lack of evidence and witnesses, and
because the medical certificates conclusions did
not exclude that he might have consented to the
sexual act. The alleged perpetrators and their
relatives threatened to kill him if he complained.
On 7 March 2007, Mr. Prisacaru was again raped
in room no. 50, department VI of the same facility,
by one prisoner while four or five others watched
and beat him before and after the rape. As a
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Russian
Federation
result, he was covered in blood and sustained
several rib fractures, bruises all over his body and
a black eye. In this state he was raped again by
another inmate. The guards did not intervene and
the inmates prevented him from reaching the
door. The next day he consulted the medical unit,
but no mention was made of his injuries in the
medical report and no treatment was
administered. In general, in lasi Prison inter-
prisoner violence is not only common, but also
tolerated and often encouraged by officers who
use it to maintain discipline.
Ms. Larissa Arap, a Russian journalist and
member of an organization called “United Civil
Front”, resident in Murmansk. Ms. Larissa Arap
was arrested on 5 July 2007 in a clinic in
Murmansk where she had gone for a medical
examination needed to renew her driver's license.
Following her arrest, Ms. Arap was transferred to
a psychiatric hospital 150 km outside Murmansk,
where she was injected with drugs against her
will. She was also beaten and tied to a bed. On 18
July 2007, the local district court ordered that Ms.
Arap be subjected to compulsory treatment. Since
then she has been held in a wing for violent
patients. On 8 June 2007, Ms. Arap's article on
the reported ill-treatment of children in psychiatric
hospitals in the Murmansk region was published
in a newspaper of the “United Civil Front”. In
particular, she had reported about the use of
electroshock and alleged that patients had been
beaten and raped repeatedly.
By letter dated 19/09/07, the Government
informed that she had been under psychiatric
observation at the municipal outpatient clinic in the
closed city of Severomorsk since 18 June 2004 for
an acute psychotic disorder with suspected
schizophrenia and a paranoid syndrome. She had
been committed to the Murmansk provincial
neuropsychiatric clinic, a State health facility, for
treatment in 2004. Ms. Arap saw a psychiatrist on
several occasions in 2006, sometimes at the
insistence of family members. She received the
necessary outpatient psychiatric care. On 5 July
2007, Ms. Arap visited a psychiatrist from the
Severomorsk municipal outpatient clinic for the
medical clearance that she needed to obtain a
driving licence. During the consultation, the
psychiatrist found medical reasons why Ms. Arap
should not drive. It was explained to Ms. Arap that
she would need to undergo psychiatric tests
before a panel in accordance with article 3 of
Federal Act No. 31 85-1 of 2 July 1992 on
183.
06/08/07
JUA
WGAD;
HRD; TOR;
VAW
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psychiatric assistance and guarantees concerning
its availability to the public (hereinafter referred to
as “the Act”). Ms. Arap disagreed with the
psychiatrist's opinion, however, and turned
aggressive, screaming and running around the
consultation room. She also started threatening to
complain to the procurator's office and accused
the physician of trying to “stick her in the
madhouse”, motivated, according to Ms. Arap, by
plans to take over her apartment. Ms. Arap also
began to make threats against various people and
to claim that her telephone was being tapped by
the secret service and that her neighbours were
“gassing her”. Moreover, her speech was
confused and irrational and she jumped from one
subject to another without responding to the
physician's remarks. The psychiatrist diagnosed
Ms. Arap's condition as an acute psychotic
disorder, as evidenced by the thought disorders
manifested as irrationality, incoherence, delusions
and confused behaviour. It was impossible to
leave Ms. Arap without qualified psychiatric help
under such circumstances and, acting on the
grounds stipulated in article 29, paragraph (a), of
the Act, the psychiatrist took the decision to
commit her to the Murmansk provincial
neuropsychiatric clinic for treatment, until such
time as a court could take a decision. In
accordance with article 303 of the Code of Civil
Procedure of the Russian Federation and article
32 of the Act, Ms. Arap was examined by a panel
of experts from the Murmansk provincial
neuropsychiatric clinic on 6 July 2007 and was
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diagnosed with “paranoid-type schizophrenia and
a shift-like affective paranoid syndrome”. On the
basis of the panel's findings, an application was
submitted to the Leninsky district court in
Murmansk, for Ms. Arap to be committed to a
psychiatric hospital under article 29, paragraph
(a), of the Act. On 18 July 2007, a special session
of the Leninsky district court was convened (case
No.21483), with the participation of a procurator
and a lawyer. The application by the Murmansk
provincial neuropsychiatric clinic for Ms. Arap to
be committed to hospital was granted. As a result
of ward overcrowding (one member of nursing
staff for every 30 patients, instead of every 25, as
recommended), Ms. Arap was transferred along
with 20 other patients of the Murmansk provincial
neuropsychiatric clinic, following standard
procedure, to the Murmansk provincial psychiatric
hospital on 26 July 2007. Ms. Arap was examined
by the psychiatrist in the hospital's admissions unit
and presented no signs of injury or physical
deterioration. On 27 July 2007, she was examined
in the ward by a panel of psychiatrists consisting
of the chief consultant of ward No.3, the chief of
ward No.2, and the chief of ward No. 1. The panel
found that the patient was suffering from paranoid-
type schizophrenia with affective paranoid
syndrome and confirmed that compulsory hospital
treatment was necessary. On 9 August 2007, as
Ms. Arap had been in hospital for an entire month
and in the light of the recommendation of the
principal outside psychiatric expert of the
Murmansk provincial health committee that
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another medical examination should be carried
out in accordance with the legally prescribed
schedule (as from the time of hospitalization), a
medical examination of Ms. Arap was carried out
by a panel of psychiatrists. The panel found that
Ms. Arap met the criteria for compulsory hospital
treatment set out in article 29, paragraph (c), of
the Act; this necessitated a further consideration
by the court of the issue of extending Ms. Arap's
compulsory hospital treatment. On 11 August
2007, a special session was convened of the
Apatity municipal court in Murmansk province, by
decision of which Ms. Arap's compulsory hospital
treatment was extended. On 28 August 2007,
pursuant to the findings of the psychiatrists of the
Murmansk provincial neuropsychiatric hospital
and in accordance with article 40 of the Act, Ms.
Arap was released from hospital into outpatient
care at her place of residence consequent to an
improvement in her state of health. The Leninsky
administrative district procurator's office in
Murmansk closely examined Ms. Arap's committal
to the psychiatric hospital, but did not find that the
law had been breached in any way where the
committal procedure was concerned.
184.
29/11/07
JAL
FRDX;
Oleg Orlov, head of the human rights
HRD; TOR
organization Memorial, and three journalists from
the Russian TV station REN TV, Artem
Vysotskii, Karen Sakhinov and Stanislav
Goriachikh. On the night of 23 to 24 November
2007, armed masked men in camouflage awoke
them at the Assa Hotel in Nazran, Ingushetia, took
their possessions, including computers, money,
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notebooks, their clothes and mobile phones, and
put plastic bags over their heads, threatening to
shoot them. The four men were taken to an
unknown place, where they were beaten and
abandoned after two hours. As they had not been
given time to dress or take their shoes before they
left the hotel, they had to walk barefoot to the
nearest police station in the village of
Nesterovskoye, where they sought assistance.
They were taken to Sunzhenkoye Police Station
where they reported on what had happened. On
the morning of 24 November, the four men also
told the police of Nazran about their abduction
and ill-treatment. At the police station they were
examined by a medical doctor who recommended
that Artem Vysotskii should be urgently
hospitalized. However, the police did not allow
him and the other two journalists to leave until 1
p.m. Oleg Orlov was allowed to leave the police
station at around 11.30 a.m. It is feared that this
attack was an attempt to prevent the media and
the human rights defender from monitoring and
reporting about a demonstration, which was
scheduled to take place in Nazran on that day, in
which about 70 or 80 persons took part. During
the demonstration, several of the persons, who
protested against repressive actions by law
enforcement officials, including enforced
disappearances, unlawful killings, torture and ill-
treatment were ill-treated. According to
participants in the demonstration, Special Forces
(OMON) fired in the air and beat several
demonstrators with batons. The police detained
A!HRC/7/3/Add. 1
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Ismoilov Ilhomjon Gulomovich, Makhmudov
Obboskhon Zakir'jahanovich, Usmanov
Iskandarbek Mamadalievich, Ulughodjaev
Sardorbek Kamaihan ugh, Muhamadsobirov
Abdurrauf Abduihapizovich, Muhametsobirov
Izzatullo Abduihapizovich, Kasimhujayev
Kabul Alimdjanovich, Rustamhodjaev Mahmud
Rustamovich, Alimov Umarali Sharipjanovich,
Sabirov Shkrullo Nadjimitdinovich, Naimov
Rustam Yakubjonovich, and Hamzaev Hurshid
Hamralievich (A/HRC/4/33/Add.1, para. 228).
By letter dated 26/02/07, the Government
informed that I. lsmoilov, 0. Mahmudov, I.
Usmanov, S. Ulughodjaev, A. Muhamadsobirov, I.
Muhametsobirov, K. Kasimhujaev, U. Alimov, S.
Sabirov, R. Naimov, H. Hamzaev, M.
Tashtemirov, H. Hadjimatov and M.
Rustamhodjaev are accused of having actively
participated, in May 2005, with a view to disrupting
the national sovereignty and the territorial integrity
of Uzbekistan, in the terrorist acts and mass
disorders which took place in Andijon and which
had the following serious consequences: the
deaths of more than 180 persons, including law
enforcement officers and military personnel; they
also stole a significant quantity of firearms and
ammunition and caused particularly extensive
damage to State property. On 20 June 2005, the
above-mentioned persons were arrested in the
city of Ivanovo and remanded in custody. They
are all charged with membership of the religious
extremist organizations Islamic Party of Turkestan
and Hizb ut-Tahrir al-Islami, which were declared
to be terrorist organizations by the Supreme Court
of the Russian Federation on 14 February 2003
and whose activities are prohibited in the territory
of the Russian Federation. During the
investigation, some of the detainees alleged that
their prosecution by the procuratorial authorities of
Uzbekistan was politically motivated. At the
request of the Office of the Procurator-General of
the Russian Federation. Uzbekistan has aiven
185.
Follow-up
to past
cases
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several young men and took them to a police
station.
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assurances that the detained persons will be
criminally prosecuted only for those offences for
which they will be extradited by the Russian
Federation, that after the completion of the judicial
proceedings and the serving of their sentences
they will be free to leave the territory of
Uzbekistan and will not be expelled, transferred or
extradited to a third State without the consent of
the Russian Federation, and also that the death
penalty will not be imposed on them. Furthermore,
the Office of the Procurator-General of Uzbekistan
has provided assurances that the purpose of the
request for extradition is to bring the suspects to
criminal account for the commission of especially
heinous crimes and is not aimed at persecution for
political motives or in connection with racial
background, religious belief, nationality or political
views. They will be afforded every opportunity in
the territory of the Republic of Uzbekistan for
defence, including the assistance of lawyers, and
they will not be subjected to torture, coercion or
any other form of cruel or degrading treatment or
punishment. In the Russian Federation, the
above-mentioned persons are guaranteed the
right of defence and have access to defence
lawyers to provide them with legal assistance in
connection with their extradition. The Ivanovo
provincial office of the Russian Federal
Immigration Service has refused to grant I.
lsmoilov, 0. Mahmudov, I. Usmanov, S.
Ulughodjaev, A. Muhamadsobirov,
I. Muhametsobirov, K. Kasimhujaev, U. Alimov, S.
Sabirov, R. Naimov, H. Hamzaev,
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M. Tashtemirov, H. Hadjimatov and M.
Rustamhodjaev refugee status. On 27 July, 31
July and 1 August 2006, the Office of the
Procurator-General handed down rulings on the
extradition to the law enforcement agencies of
Uzbekistan of I. lsmoilov, 0. Mahmudov, I.
Usmanov, S. Ulughodjaev, A. Muhamadsobirov, I.
Muhametsobirov, K. Kasimhujaev, U. Alimov, S.
Sabirov, R. Naimov, H. Hamzaev, M.
Tashtemirov, H. Hadjimatov and M.
Rustamhodjaev to face criminal proceedings. In
connection with the decision of the Vice-President
of the European Court of Human Rights and
President of Section on the applicability of rule 39
of the rules of the Court to the case of lsmoilov
and Others v. Russia (application No. 2947/06),
the Office of the Procurator-General of the
Russian Federation instructed the Director of the
Federal Penal Correction Service to suspend any
action to extradite, deport or forcibly remove the
above-mentioned persons to Uzbekistan until
further notice. At the beginning of December
2006, the Oktyabr district court of the city of
Ivanovo granted the appeals of the applicants,
ruled that the decisions of the Federal Immigration
Service to refuse to grant lsmoilov and the others
temporary asylum in the territory of the
Russian Federation were unlawful and ordered
the Ivanovo provincial office of the Federal
Immigration Service to rectify the violations
committed. The Ivanovo provincial office of the
Russian Federal Immigration Service is currently
appealing against the decision of the Oktyabr
A!HRC/7/3/Add. 1
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district court of Ivanovo in accordance with
established procedure.
186.
Rwanda
22/06/07
UA
TOR
Francois Ruceba, ägé de 45 ans, Jackson
Safari, ägé de 43 ans, Peter Kabagambe, ägé de
34 ans, Peter Bisamaza, ägé de 22 ans, Vedaste
Lyarwema, ägé de 40 ans, Paul Rwangabo, ägé
de 28 ans, Daniel Kazungu, ägé de 22 ans,
Aloysius Badege, ägé de 20 ans, Asumani
Rutigana, ägé de 31 ans et Ismail Salomo, ägé
de 18 ans, citoyens rwandais. Le 13 mars 2007 a
Kibale a louest dOuganda, ces 10 personnes,
soupconnées d'être impliquees dans le
((Rassemblement du Peuple Rwandais , un
groupe armé, auraient été remises au Directeur
de Ia Sécurité Extérieure du Rwanda, Joseph
Nzabamwita, par les autorités ougandaises. Elles
auraient été transférées a Kigali, oü elles seraient
actuellement détenues dans les locaux militaires
de Remera.
187.
Saudi Arabia
22/12/06
JUA
WGAD;
HRD; TOR
Abdelwahab al-Humaikani, a Yemeni citizen
from Sanaa, Secretary-General of the charity Al-
Rochd, and a member of the Geneva-based non-
governmental organization Al-Karama for Human
Rights. Mr. Al-Humaikani also collaborates with
the Arab Commission for Human Rights and
attended the 62nd session of the Human Rights
Council in Geneva in April 2006 as their
representative. On 19 December 2006, he was
arrested by the Saudi security services at about
2.30 p.m. at the Al-Toual checkpoint on the border
between Saudi Arabia and Yemen. He was on a
pilgrimage to Mecca with his mother, sister and
brother-in-law. He was taken to Jizane where he
By letter dated 5/02/07, the Government informed
that Mr. Al Humaikani was detained on 19
December 2006 in the light of information
pertaining to his activities in Afghanistan, Bosnia
and Herzegovina, and his links with presumed
terrorist organizations. Since this coincided with
the period of the Hajj, he was permitted to perform
the pilgrimage rites by arrangement with the
authorities in his country, who were notified when
he was detained and when he departed to his
country on 3 January 2007 in furtherance of the
joint Saud i-Yemeni endeavours to combat
terrorism.
A!HRC/7/3/Add. 1
page 234
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Allegations transmitted
Government response
is being detained by Saudi security services in
incommunicado detention. The exact
whereabouts of Mr. Al-Humaikani are unknown as
of today.
188.
24/01/07
JUA
IJL; SUMX;
TOR
Sufun Muhammed Ali Ahmed al-Zafifi, a
Yemeni national who is at risk of imminent
execution. He was arrested on 25 April 2006 and
confessed to the abduction and rape of a boy. He
was convicted and sentenced to death on 11 July
2006 and his sentence was upheld on appeal.
Reports allege that his confession was extracted
under duress, that the trial took place behind
closed doors and that he was not afforded
defense counsel.
189.
08/02/07
JUA
WGAD;
HRD; IJL;
TERR;
TOR
Sulieman al-Rushudi, a lawyer, Essam al-
Basrawi, lawyer, Saud al-Hashimi, a medical
doctor, Al-Sharif Saif al-Ghalib, Musa al-Qirni, a
university professor, Abdel Rahman al-
Shumayri, a university professor, ‘Abdelaziz al-
Khariji, and at least three other persons, whose
identities are yet to be confirmed. All these
individuals have been active as human rights
defenders. They were arrested in the cities of
Jeddah and Madinah on 3 February 2007 where
they had met to discuss the organ isation of
peaceful activities in favour of political and
democratic reforms in Saudi Arabia. The 10 men
are currently being held incommunicado at the
offices of the General Intelligence Service (Al-
Mabahith al-'Amma) in Jeddah. Requests for
access by their families and to appoint lawyers
have been denied by the General Intelligence
Service. On 5 February 2007 Mr. Al-Basrawi's son
A!HRC/7/3/Add. 1
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Allegations transmitted
Government response
asked for a visit and attempted to hand over
medicine for his ill and disabled father. He was
ordered to return home and warned never to ask
again to meet with Mr. Al-Basrawi. The Ministry of
the Interior has issued a statement alleging that
the detainees were arrested on suspicion of fund-
raising to support terrorism. Mr. Al-Rushudi and
Mr. Al-Ghalib had been detained before and
released after several weeks following the signing
of a petition in March 2004 calling for political
change in Saudi Arabia.
Zhiya Khassem Khammam al-Hussain, a 40-
year-old Iraqi citizen, resident in Al-Farounania
Kuwait, currently in detention in Saudi Arabia. On
15 January 2007, Mr. Al-Hussain was arrested at
his home by approximately 20 state security
service agents (Amn Addaoula), his home was
searched, and he was taken to the state security
headquarters under the Ministry of Interior. At the
detention facility, he remained for one week and
was repeatedly beaten by sticks on the soles of
his feet and on other parts of the body, hung from
the ceiling by his wrists and threatened with
expulsion to Iraq, although he does not have any
family or other links there. As a result, his body
bears numerous traces of the treatment, such as
swelling in his face, bruises and traces of lashing.
He was then transferred to an administrative
detention centre where foreigners are held before
they are expelled from Kuwait. On 31 January
2007, without any judicial procedure, he was
deported to Riyadh, Saudi Arabia, where he is
currently detained in a detention centre of the
By letter dated 11/04/07, the Government
informed that he was handed over to the
authorities on 31 January 2007, after being found
to have illegally raised and received funds and
transmitted them to Iraq through Qatar and Jordan
with the help of Saudis and Qataris. These funds
were allegedly delivered to groups in Iraq. He
underwent the requisite medical examinations
immediately after his arrival at the detention
centre and was permitted to contact his family on
three occasions on 2 February 2007. During these
contacts he reassured his relatives of his situation
and his health and informed them of his place of
detention, where he is still being questioned.
190.
13/02/07
JUA
WGAD;
TOR
A!HRC/7/3/Add. 1
page 236
Para
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Date
Type
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Allegations transmitted
Government response
Ministry of Interior.
191.
16/03/07
JUA
IJL; TOR
Tallal Nedjm Abdullah al-Majed, aged 31. He is
held in solitary confinement at Al-Hayr Prison,
where he has frequently been subjected to ill-
treatment. He has not had access to a lawyer, no
charges have been brought against him, and he
has not been brought before a judge. On 1 March
2007 he went on a hunger strike to protest against
his prolonged detention without any judicial
procedures having commenced. On 20 June 2002
at 7 a.m., he was arrested in Doha, Qatar by
several persons in plain clothes and flown to
Riyadh, and has been detained in Al-Hayr Prison
since.
192.
22/03/07
JUA
TOR; VAW
A.A., a 19-year-old woman from Al-Qatif. Shortly
after the woman met with a male companion, the
two were kidnapped at knifepoint by a gang of
seven men. The companion was attacked by the
gang, but was then released. The woman was
then raped by the gang. On 1 November 2006,
four members of the gang were sentenced to
prison terms ranging from one to five years, in
addition to sentences of flogging ranging from 80
to 1,000 lashes. The legal status of the remaining
three defendants is not known as they had
surrendered to the police only shortly before the
conclusion of the trial. A.A. was convicted in the
same trial of Khilwa for being alone in private with
a man who was not a member of her immediate
family. Her companion was convicted on the same
charge. Both have been sentenced by a court in
al-Qatif to 90 lashes and both are at risk of
imminent corporal punishment.
By letter dated 16 July 2007 the Government
replied that the case in question was investigated
by the security authorities on the basis of a
complaint lodged by the woman's husband, in his
capacity as her legal guardian, in which claimed
that his wife had been the victim of abduction and
rape. The sentences handed down against the
women, her companion and those who raped her
were based on their commission of offences
designated as criminal acts under Saudi law and
substantiated by legally valid evidence and other
means of proof consistent with international legal
standards. After the judgement was pronounced,
the offenders declared themselves satisfied with
the fairness of their sentences.
A!HRC/7/3/Add. 1
page 237
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Type
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Allegations transmitted
Government response
193.
20/04/07
JUA
IJL; MIG;
SUMX;
TOR;
Suliamon Olyfemi (subject of a previously
transmitted communication,
E/CN.4/2005/62/Add.1, para. 1444). He is at
imminent risk of execution. The twelve other
Nigerian men were sentenced to prison terms and
corporal punishment. During the trial, Suliamon
Olyfemi and his co-defendants neither had access
to legal representation nor to consular assistance,
nor did they benefit from adequate translation.
During interrogation they had been told to put their
fingerprints, which can act as a signature, on
statements written in Arabic, which they do not
read. It is possible that these statements were
used as evidence against them during the trial
proceedings. Staff from the Nigerian consulate in
Jeddah attempted to visit the men in prison on 19
May 2005, but were not allowed to see them. The
death sentence imposed on Suliamon Olyfemi has
recently been upheld by the Court of Cassation
and ratified by the Supreme Judicial Council.
194.
30/04/07
UA
TOR;
Nine pupils from Amayer Hudayan Middle
School and seven pupils from Al-Majsa
Secondary School (both located south of Hail
city), aged between 12 and 18, currently serving
prison sentences. The pupils were sentenced by a
court in a northern district of Hail to receive
between 300 and 500 lashes and to prison
sentences ranging from six to eight months. The
flogging is to be shown to other pupils and can be
carried out any time.
195.
02/05/07
JUA
WGAD;
HRD; TOR;
Walid Ali Lamri, a 24-year-old student, and
member of the non-governmental organization Al-
Karama for Human Rights (AHR). On 27 April
A!HRC/7/3/Add. 1
page 238
Para
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Date
Type
Mandate
Allegations transmitted
Government response
2007, he was arrested at his parents' residence in
Taif by agents of the intelligence services, and
has been detained incommunicado in the Al-
Mabahit al-Aama intelligence facilities in Taif. The
arrest took place after Mr. Lamri had met with
several relatives of victims of arbitrary detention
who shared information regarding alleged acts of
torture, poor conditions of detention, and cases of
arbitrary detention. Mr. Lamri intended to share
the information he collected with different United
Nations human rights mechanisms .
196. 25/05/07 JUA SUMX; Dhahian Rakan al-Sibai'i, who was sentenced to
TOR death for a crime committed when he was still a
minor. Both the murder attributed to Dhahian
Rakan al-Sibai'i and his trial took place while he
was under 18 years of age. He was held in a
juvenile detention facility until he was 18 years
old, when he was moved to Al-Taif Prison. The
Pardon and Reconciliation Committee is
facilitating negotiations with the victim's family to
obtain a pardon without compensation or against
payment of blood money. Moreover, reports
indicate that the death sentence still needs to be
ratified by the SuDreme Judicial Council.
197.
23/08/07
JUA
HRD; IJL;
Saad Ben Zair, a 28-year-old defense lawyer,
TOR
human rights defender active in the Reform
Movement, and resident of Riyad, and his father,
Said Ben Zair. Mr. Saad Ben Zair's car was
stopped on 10 April 2007 when he was driving
along King Abdullah Avenue in Riyadh with his
wife and his one-year-old daughter. The three of
them were taken to the secret services premises
and detained separately. Some days later Mr.
A!HRC/7/3/Add. 1
page 239
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Date
Type
Mandate
Allegations transmitted
Government response
Saad Ben Zair's wife and daughter were released,
but he is still being held in secret detention. VVhen
his father, Dr. Said Ben Zair, another prominent
human rights defender, publicly protested against
his son's detention, he was arrested himself on 6
June 2007 and remains in secret detention as
well. Before his arrest in April, Mr. Saad Ben Zair
had worked as lawyer defending proponents of
constitutional reform and other critics of the
Government. In connection with his work as
lawyer, he had regularly demanded that Royal
decree No. M. 39 of 16/10/01, which guarantees
basic rights for detainees, include a specific term
of detention which should be determined by a
competent authority, and prohibit torture. He had
already spent three years in secret detention
without any judgment starting from 17 July 2002
presumably for having protested against the
imprisonment of his father, who had been
imprisoned for eight years without any legal
process. He had been secretly detained again for
several months starting from 19 June 2006.
increased the original sentence against the seven
members of the gang, and also increased the
sentence against the 19-year old woman from 90
lashes to 200 lashes and a six month prison term.
In addition, it is reported that the court revoked the
professional license of her lawyer and banned him
A!HRC/7/3/Add. 1
page 240
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Date
Type
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Allegations transmitted
Government response
from defending her.
199. Sierra Leone 27/07/07 JUA HLTH; Omrie Golley, a British-born lawyer of Sierra
TOR Leonean descent, currently at Pademba Toad
Prison, Freetown. Mr. Golley was arrested in a
hotel room in Freetown without a warrant on 12
January 2006. He was later charged with treason,
which carries the death penalty. He was
transferred to Pademba Road Prison on 21
January 2006. Since his incarceration Mr. Golley's
health has deteriorated. He suffers from a serious
heart problem resulting in palpitations and daily
angina attacks, very high and fluctuating blood
pressure despite medication, high cholesterol,
impaired liver and kidney function, a kidney
infection and anaemia. During a previous visit in
March 2007 to the local hospital the doctor stated
that he should return for further tests after a
period of about a month, but he has not been
allowed to do so. On 26 July 2007, Mr. Golley was
unable to attend a court hearing because of the
state of his health, but the prison doctor was
subpoenaed to give evidence on Mr. Golley's
condition. The doctor offered no date for Mr.
Golley's return to court and stated that he was in
immediate need of diagnosis and treatment which
he could not offer within the prison. Pademba
Road Prison offers only restricted access to water,
and typhoid and malaria are recurrent. Since May
2007, 16 prisoners are said to have died at the
Drison.
200.
Slovakia
01/06/07
UA
TOR
Mustafa Labsi, Algerian national, currently held
at Ustav na vykon vazby Bratislava. His
deportation to Algeria, where he is wanted as a
By letter dated 18/06/07, the Government
informed that he is under the jurisdiction of Slovak
authorities having been returned from Austria on 2
A!HRC/7/3/Add. 1
page 241
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Date
Type
Mandate
Allegations transmitted
Government response
terrorist suspect, is imminent. Mr. Mustafa Labsi
had been returned to Slovakia from Austria on 2
May 2007 after his asylum claim had been found
unfounded. The Slovak authorities do not consider
him an asylum seeker as his claim for asylum had
been denied by a valid decision even before he
left for Austria.
May 2007. On 9 June, the Government received
the extradition request of the Algerian authorities.
At present, the case is being considered by an
independent court which is the sole authority to
take a decision in this matter. The Government is
proceeding in compliance with its international
obligations, including those in the area of human
rights. Further information will be sent as it is
available.
201.
Somalia
13/02/07
JUA
TERR;
TOR
Bashir Ahmed Makhtal, a 42-year-old Canadian
citizen, born in Dagahbur, Ogaden, Abdi
Abdulahi Osman, a 41-year-old Somali citizen,
born in Gunagado, Dagahbur, Ogaden, Ali Afi
Jama, a 33-year-old Somali citizen, born in
Godey, Ogaden and Hussein Aw Nuur
Gurraase, 35-year-old Somali citizen, born in
Gunagado, Ogaden, all trading in second-hand
clothing. On 31 December 2006, the four men
were arrested by Kenyan authorities, who
suspected them to be terrorists. The arrests were
conducted on the basis of provisions of an anti-
terror bill which has not yet been adopted. The
four men were held in custody for three weeks
without official charges. On 21 January 2007, they
were transferred to the Ethiopian armed forces in
Mogadishu.
202.
17/10/07
JUA
WGAD;
FRDX;
TOR
Abduallahi Ali Farah, manager, and Mohamed
Farah, a journalist, both of Mogadishu Radio
Simba. On 11 October 2007, Radio Simba
broadcast an interview with Sheikh Robow, the
military chief of the Council of Islamic Courts,
where he claimed responsibility for a suicide car-
bomb attack on an Ethiopian army checkpoint in
A!HRC/7/3/Add. 1
page 242
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Date
Type
Mandate
Allegations transmitted
Government response
Baidoa. After the broadcast, members of the
Somali security services arrived at the station,
arrested the two men and took them to an
undisclosed location.
203.
Sri Lanka
07/03/07
JUA
WGAD;
TOR
Sothiraja Mokanaganth, aged 21, Kandasamy
Sasiskanna, aged 31, and Thiravianathan
Thiraviaventhan, aged 20, from Jaffna. On 24
January 2007 at about 1.15 a.m. five uniformed
Sri Lankan army personnel beat the men, arrested
them and took them away. Their current
whereabouts are unknown.
204.
21/06/07
AL
TOR
Barandulage Sumith Priyantha Fernando, a 29-
year-old resident of Kumara Kanda, Maggona. On
26 March 2007, he was arrested at his workplace
and taken to the Special Intelligence Unit (SIU) in
Katukurunda, Kalutara police division, where he
was interrogated by the officer-in-charge. He was
beaten with a wooden club for one hour to extract
a confession. The beating resulted in injuries to
Mr. Fernando's, body and feet. He did not receive
any medical treatment. He was released on 5
May, but threatened that he would soon be
arrested again.
205.
22/06/07
UA
TOR
R. C. D., a 17-year-old resident of Tekkawatte,
Vavuniya and Gnanapragasam Benedict
Rosery, aged 25, of Uda Peradeniya, Kandy. On
22 May 2007, R.C.D. was picked up by the
Special Intelligence Unit (SIU) of the Vavuniya
police, and brought to the police station. The
police did not produce any arrest warrant. At the
station his clothes were removed and he was
beaten to force him to admit to possessing five
bullets. According to the Criminal Code, a person
By letter dated 5/07/07, the Government informed
that R.C.D. was taken into custody by the
Intelligence Unit of the Vavuniya Police on 22 May
2007 for possessing 5 x 9mm live ammunition,
and kept in detention for further investigations. He
was produced before the magistrate on 12 June
2007, and was released on bail. The Sub-
Inspector of the Intelligence Unit of Vavuniya
Police totally denies the allegation that R.C.D. was
inhumanely assaulted. Further, he was produced
A!HRC/7/3/Add. 1
page 243
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Date
Type
Mandate
Allegations transmitted
Government response
arrested must be produced before a magistrate
within 24 hours of arrest, but R.C.D. was only
brought before the court on 7 June. He was then
remanded by the magistrate until June 11 and is
currently detained at Anuradapura Prison. On 21
May 2007, Mr. Gnanapragasam Benedict Rosery
went to Peradeniya Police Station where he was
beaten by the police and taken into custody. He
was then heavily beaten to force him to confess to
a murder. He was produced before the court only
on 23 May 2007. The court then remanded him
until 4 June, when the remand was prolonged
again.
before a medical officer as is routinely done in all
such complaints and he was confirmed that there
were no physical injuries on R.C.D. Investigations
are continuing. On 21 May 2007, Gnanapragasam
Benedict Rosery was arrested on suspicion of
murder, and remanded in custody. The Chief
Inspector/Officer in Charge of Peradeniya Police
Station totally denies the allegation of beating the
accused. Investigations are continuing.
206.
14/12/07
JAL
MIN; TOR;
Indiscriminate mass arrests of Tamils following
the bombing in Colombo on 28 November2007.
At least 2,200 Tamils, including women and
children, were detained by the police in the
greater Colombo area. Most of the arrested
persons, however, were released within few days.
At least 200 persons still remain in custody.
Based on his preliminary conclusions of his visit,
the Special Rapporteur reiterated his concerns
over the treatment of persons detained under
emergency legislation or generally in the context
of counter-terrorism. The Government is urged to
take every measure to prevent acts of torture and
other cruel, inhuman or degrading treatment by
the police, especially officers of the Terrorist
Investigation Division (TID), against any person
detained in connection with last week's incident.
207.
Sudan
23/01/07
JUA
SUMX;
TOR
Paul John Kaw, Fathi Adam Mohammed
Ahmad Dahab, Idris Adam Alyas, Nasr-al-Din
Ahmad Ali, Mr. Sulayman Juma Timbal,
A!HRC/7/3/Add. 1
page 244
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Date
Type
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Allegations transmitted
Government response
Badawi Hasan Ibrahim and Abd-al-Rahim Ali
were sentenced to death on 23 November 2006
for the murder of 13 police officers killed during
riots which took place in May 2005 at a camp for
internally displaced people. The men were
sentenced to death after the relatives of the dead
police officers refused to spare their lives in return
for payment of diya (blood money). It is alleged
that the seven men confessed to their murder
charges under torture, including severe beatings.
From their arrest in May 2005 until October 2005,
they had no access to legal counsel. Three
members of the family of Fathi Adam Mohammed
Ahmad Adam, including his 70-year-old mother
and 15-year-old brother, were arrested and held
for three days to force him to give himself up. On
18 May 2005 there were riots at the Soba Aradi
camp, 30km south of Khartoum, when the
inhabitants resisted the authorities attempt to
forcibly evict all of them. There were violent
clashes, and 13 policemen and about 30
residents, including children, were killed. On 24
May the security forces threw a cordon round the
area, not allowing anyone to enter or leave while
they raided the residents houses and shacks,
arresting some 240 people, most of whom were
subsequently released. They were held in various
police stations and most were severely beaten in
the following weeks. At least one died in custody
in circumstances where torture appears to have
caused his death.
A!HRC/7/3/Add. 1
page 245
Ms. Amouna Abdallah Daldoum, aged 23, and
Ms. Sadia Idries Fadul, aged 22, of the Tama
ethnic group. On 13 February 2007 and 6 March
2007 respectively, the criminal court of Al-Azazi,
Managil province, Gazeera state, convicted the
two women on charges of adultery and sentenced
them to death by stoning. The two women are
currently in detention in Wad Madani Women's
Prison, Wad Madani, Gazeera State. Ms. Sadia
Idriss Fadul has one of her children with her in
prison. They were convicted under article 146 (a)
of Sudan's 1991 Penal Code, which states that
“whoever commits the offence of sexual
intercourse in the absence of a lawful relationship
shall be punished with: a) execution by stoning
when the offender is married (muhsan); b) one
hundred lashes when the offender is not married
(non-muhsan).” Sadia Idriss Fadul and Amouna
Abdallah Daldoum do not fully understand Arabic,
the language used during the entire judicial
proceedings, and were not provided with an
interpreter. The two women also had no legal
representation.
By letter dated 20/04/07, the Government
informed that on 26 June 2006, a report was filed
with the Azazi police in Jazirah State against Ms.
Sadia Idries Fadul. Following the completion of
inquiries, the report was referred to a court of first
instance of Jazirah State, which delivered its
verdict on 13 March 2007, convicting the accused
for adultery, based on her confession. Ms.
Amouna Abdallah Daldoum was tried before a
court of first instance of Jazirah State, and was
convicted by the court on 6 March 2007 of
adultery, based on her confession. Both accused
are married and engaged in intercourse with
others during their husbands' absence. They
appealed the verdicts and the Jazirah State
Appeal Court issued a ruling overturning the
convictions and sentences, and returning the case
files for retrial for a number of reasons, including
the fact that they had not had legal assistance
during the proceedings. The two women know
Arabic very well and so the court did not have to
appoint an interpreter, in accordance with the
Criminal Procedure Code. The case files are
before the Jazirah State Court of First Instance.
208.
2 1/03/07
JUA
IJL; SUMX;
TOR; VAW
Para
Country
Date
Type
Mandate
Allegations transmitted
Government response
A!HRC/7/3/Add. 1
page 246
Para
Country
Date
Type
Mandate
Allegations transmitted
Government response
209.
19/04/07
JUA
WGAD;
HRD; TOR;
Osman al-Magdum, Abdel Rahman Zaidan,
Abdel Aatti Abdel Khair, Hassan Sidiq Atolabi,
Haitham Aldusogi, all members of the Manasir
Association Executive Committee (MAEC), and
Ahmed Abdel Fatah Gabriel. On 29 March 2007,
the six men were arrested at their homes in
Khartoum by plain-clothed national security
officers. Ever since they have been held
incommunicado in Kober Prison in Khartoum. No
charges are known to have been filed against
them.
210.
22/05/07
JUA
SUMX;
TOR
A. Z. M. and A. A. S., both aged 16. On 3 May
2007, they were sentenced to death by the
criminal court, in Nyala in connection with a
murder in February 2007. An appeal against the
sentences was due to be submitted to the court of
appeal in Nyala on 15 May.
By letter dated 26/06/07, the Government
informed that on 3 May 2007, the two defendants
were convicted under articles 130 and 175
(murder and robbery) of the 1991 Criminal Code
and were sentenced to death by the Criminal
Court. The verdict was appealed and the Appeal
Court rendered its decision on 10 July 2007,
quashing the death sentence, because the
defendants were under the legal age, and
directing the authorities to take such appropriate
measures as have been established for the
rehabilitation and reform of minors.
211.
22/06/07
JUA
WGAD;
FRDX;
HRD; IJL;
TOR
Detention of eight persons in connection with
protests against the construction of the Kajbar
dam. These eight persons are: Saad Mohamed
Ahmed, a journalist with Ilaf weekly newspaper
and an activist on the dam issue, two lawyers,
Imad al-Deen Murgani and Alam al-Deen
Abdulghani; Abdulaziz Mohamed Ali Khairi, an
engineer and head of foreign relations committee
of the Kajbar Dam Popular Committee, Raafat
Hassan Abbas, information officer of the Kajbar
By letter dated 17/09/07, the Government
informed that for several months, some
inhabitants who declared themselves as the
representatives of the inhabitant of the Kajbar
Dam Area, started rallying the inhabitants against
the establishment of the Kajbar Dam, the biggest
development project in the long neglected area.
When the dam authorities started to conduct an
initial survey, a big demonstration blocked such a
step. A group of people attacked the workers, and
A!HRC/7/3/Add. 1
page 247
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Dam Popular Committee, Mohamed Jalal
Ahmed Hashim, a leader of the Mahas
community, Abdallah Abdelgayoum, a member
of the Mahas community and former national
security officer, and Osman Osman, a driver. On
13 June 2007 four persons were killed and nine
other civilians were injured when police used
violence to disperse a protest by members of the
Nubian population opposed to the building of the
Kajbar Dam. Mr. Imad Al Deen Murgani, Mr. Alam
Al Deen Abdulghani, Mr. Abdulaziz Mohamed Ali
Khairi, Mr. Abdallah Abdelgayoum and Mr. Osman
Osman were arrested on the same day in
Dongola on their way to investigate and report on
the demonstrations and the violence. After being
questioned about the purpose of their trip, the five
men were arrested. They are currently detained in
the National Security Section in Kober Prison. Mr.
Raafat Hassan Abbas was arrested by National
Security officers at a private house in El-Dim,
southern Khartoum, at 2 a.m. on 15 June 2007.
He is believed to be in the custody of Khartoum
State Security in Riyad, but a member of his
family has been denied permission to visit him. Dr.
Mohamed Jalal Ahmed Hashim was arrested at
his home in Riyad after participation in a press
conference organized by the SPLM on 16 June
2007. His current whereabouts are unknown. On
20 June, Mr. Saad Mohamed Ahmed was
arrested at his office in Khartoum. He is detained
in the National Security Section in Kober Prison.
None of the detainees have been allowed to
contact their families or a lawyer.
destroyed the equipment. When the small group
of police who escorts the equipments intervened,
it was equally attacked. The police used force,
and as a result two individuals died. To prevent
further escalation of the tense situation, the police
arrested the leaders of the mob. Accordingly the
security authorities took preventive measures
under the provisions of the National Security Act
in order to stop the escalation of violence by
arresting some persons who incited the mobs to
use violence through rumours and unauthentic
information. All the detainees were release on
19/08/07 except Dr. Mohammed Jalal Hashim,
who was released on 24/08/07. All the detainees
were treated humanely and according to the law.
A!HRC/7/3/Add. 1
page 248
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212.
25/07/07
JUA
HOUS;
WGAD;
FRDX;
HRD; TOR
Osman Ibrahim, spokesperson for an
organisation called Committee against the Kajbar
Dam. He was arrested in the early morning of 20
July 2007 by police officers at his home in Farraig
village, Haifa municipality, Northern State, without
a warrant, and taken to an unknown place. His
arrest followed incidents on 13 June 2007, when
Sudanese security forces killed and injured
civilians in the Farraig village by shooting at them
during a non-violent demonstration against the
construction of the Kajbar Dam in the area. On
that occasion, several individuals were arrested
and detained in Dongola, and in Khartoum.
By letter dated 29/09/07, the Government
informed that Mr. Ibrahim, Osman Osman
Shamat, Alam Eldin Abdulgani, Abdulla Abd
Alqaom, Imad Eldin Mergani, Abdul Aziz, Mojahid
Abdulla and Saad were set free, while Dr.
Mohammed Jalall Hashim is still in prison.
213.
Sweden
11/01/07
JUA
MIG; TOR;
VAW
Ms. Leyla Kasim, a 35-year-old of Kurdish origin
of Elazig province, Eastern Anatolia, Turkey. She
is at imminent risk of deportation. In 1988, while
still living in Turkey, Leyla Kasim, then 16, was
forced by her parents to enter a marriage with a
31 year-old man. Her husband abused her and
their two sons, both physically and mentally,
almost every day throughout their marriage,
Sometimes he would lock her and their two
children out of the house and they would be
forced to sleep outside. He also repeatedly
threatened Leyla Kasim that he would hang her
and make it look like suicide if she did not obey
him. Leyla Kasim sought support from her family
several times, but was told to return to her
husband. Moreover, her mother threatened to
marry her again to an even older man if she did
not obey. In 2004, following a relationship with
one of her husband's friends, which was
discovered by her family and discussed in a
By letters dated 17/01/07, 01/02/07, and 12/06/07
the Government requested a letter of attorney
signed by Ms. Kassim, due to secrecy legislation,
in order to provide comprehensive information.
While awaiting further examination, her
deportation has been temporarily suspended. The
Government informed that the facts alleged in the
summary corresponded to the facts that Ms. Leyla
Kasim had indicated in her asylum application.
However, the Swedish Migration Board and the
former Swedish Appeal Board had found strong
reasons to question the credibility of Ms. Leyla
Kasim's story. The lack of credibility was the main
reason that her application for asylum was
rejected. In the decision of the Swedish Migration
Board of 26 August 2005, the Board concluded,
on the basis of a thorough investigation, that Ms.
Leyla Kasim would not be subjected to violence or
honour killings in case she is returned to Turkey.
The former Swedish Appeal Board, in its decision
A!HRC/7/3/Add. 1
page 249
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Type
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Government response
village meeting, Leyla Kasim went into hiding.
According to reports, her brothers announced that
they would kill her if they found her. Subsequently,
she received help in leaving her village and
fleeing the country. Leyla Kasim arrived in
Sweden on 31 March 2005, where she applied for
asylum on 1 April 2005, referring to the risk of
violence committed in the name of honour. Her
asylum application was rejected by the Swedish
Migration Board (Migrationsverket) on 26 August
2006. Following that decision Leyla Kasim
appealed to the Swedish Aliens Board
(Utlanningsnamnden), which rejected her
application on 29 October 2005. This decision
could not be appealed, and the authorities
prepared for her deportation. On 15 November
2005, temporary legislation came into force, which
allowed for a review of rejected asylum
applications. Leyla Kasim's application was
reviewed in accordance with the new legislation,
but once again rejected. The latter decision could
not be appealed. In March 2006 a new Aliens Act
came into force, according to which asylum
applications are tried in first instance by the
Swedish Migration Board. This decision of the first
instance can be appealed to the Migration Court.
If there are exceptional reasons or if there is a
need for a legal precedent, this decision can be
appealed a second time to the Appellate Migration
Court. However, the procedure in the new Aliens
Act does not apply to those asylum-seekers who,
like Leyla Kasim, already had their case tried in
full. Leyla Kasim, after having exhausted all the
of 29 October 2005, comes to the same
conclusions. According to the Swedish Aliens
Act's chapter 12 paras 18 and 19, once the
rejection of an asylum claim has entered into
force, Ms. Kasim can only apply for a stay of
deportation. The applicable legislation is much
more restrictive. However, for the purpose of
further investigation, Ms. Leyla Kasim's
deportation has been suspended. The Board has
appointed a public counsel for her and has held
an oral investigation with the two of them. As a
result, the Migration Board has decided to reject
the stay of deportation because, in its view, it is
unlikely that Ms. Layla Kasim will be subjected to
honour related violence when deported to Turkey.
A!HRC/7/3/Add. 1
page 250
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Type
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Government response
remedies in Sweden, is now facing the risk of
being deported to Turkey. The forthcoming report
of the Special Rapporteur on violence against
women's mission to Turkey (A/HRC/4/34/Add.2),
focused on the continued severe problems of
“honour-related violence, including murder and
forced suicides, in Southeastern and Eastern
Anatolia and highlights serious protection gaps for
women at risk of “honour-related violence.
214.
Syrian Arab
Republic
08/01/07
JUA
WGAD;
FRDX; IJL;
TOR
‘Ali Nizar ‘Ali, a 21-year-old student, Husam ‘Ali
Mulhim, a 21-year-old student (both subjects of a
previously transmitted communication,
A/HRC/4/33/Add.1, para. 281), Tarek Ghorani, a
student, Maher Ibrahim, a 25-year-old shop
owner, Ayham Saqr, a 30-year-old employee of a
beauty salon, ‘Alam Fakhour, a 26-year-old,
‘Omar ‘Ali al-'Abdullah, a 21-year-old student,
Diab Sirieyeh, a 26-year-old part-time student.
They are all currently detained at Sednaya Prison
near Damascus. In addition to a request to the
Government for additional information relating to
Mr. ‘Ali Nizar ‘Ali and Mr. Husam ‘Ali Mulhim,
information has been received on the other
persons above. They were arrested between 26
January and 18 March 2006 and have been
detained incommunicado ever since, three
months of which were in solitary confinement.
While in detention they were ill-treated during
interrogation at the air force intelligence branch in
the town of Harast near Damascus. The trial of
the eight persons commenced on 26 November
2006 before the Higher State Security Court in
Damascus. Each defendant denied the charges
By letter dated 27/04/07, the Government
informed that Mr. Ali NizarAli was released
pursuant to a presidential amnesty issued on the
occasion of Eid al-Adha. He had been convicted
under article 287 of the Syrian Criminal Code for
broadcasting false information regarded as
damaging to the State. As for the remaining
persons, they were referred to the competent
court after a public prosecution case was brought
against them, under article 287 of the Syrian
Criminal Code, for committing criminal offences
involving acts that are prohibited by the
Government, since such acts could expose the
Syrian Arab Republic to the threat of hostilities
and damage its relations with foreign States.
These individuals are currently on trial.
A!HRC/7/3/Add. 1
page 251
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Government response
brought against him in court, since their
confessions had been obtained by ill-treatment.
The eight individuals were denied access to
counsel until the hearing in court, where they were
able to meet briefly with their lawyers, in the
presence of guards. At least one of the persons
was allowed to meet with his parents inside the
courtroom for three minutes with a guard present.
The families of the defendants were not permitted
to provide them with warm clothing on the
occasion of the court hearing in order to protect
them from the chilly conditions in prison. The trial
has been adjourned until 14 January 2007 .
Muhi al-Din Sheikh A'ali, a member of an
organization called Syrian Kurdish Democratic
Unity Party, Yassin Suleiman, aged 35 years,
and his father, aged 60 years, resident of al-
Hassaka close to the city of Qamishli. Mr. Muhi al-
Din Sheikh A'ali was arrested by plain-clothed
military intelligence officers on 20 December2006
at around 6 p.m. at a cafe in the city of Aleppo
after having failed to report for questioning by the
military intelligence. He is now being detained
incommunicado at an unknown place of detention,
probably an interrogation centre of the Syrian
military intelligence service, or held by state
security officials (Amn al-Dawla). When Mr. Al-Din
Sheikh A'ali attempted to resist arrest, the officers
threatened that he “would disappear from the face
of the earth”. On 25 December2006, relatives
inquired without success with officials of the Al-
Sarayan military intelligence branch in Aleppo
about his whereabouts. Mr. Yassin Suleiman and
By letter dated 26/04/07, the Government
informed that Mr. Yassin Suleiman and his father
were released on 22 January 2007 and Mr. Muhi
al-Din Sheikh Ali was released on 16 February
2007. We should point out that these individuals
were detained for broadcasting false and
exaggerated news stories of a kind likely to
damage the good name of the State at home and
abroad. Such acts are punished under articles
286 and 287 of the Syrian Criminal Code.
215.
11/01/07
JUA
WGAD;
TOR
A!HRC/7/3/Add. 1
page 252
Para
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Type
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Allegations transmitted
Government response
his father were arrested on 21 December2006 by
officials of the state security branch in Damascus,
and they have been detained incommunicado
since. On 3 January 2007, officers of the state
security branch explained to a family member that
the family is not allowed to visit Mr. Suleiman or
his father, who suffers from high blood pressure.
216.
19/03/07
AL
TOR
Abdul Rasoul Mazraeh, also known as Abdullah
Abdulhamid al-Tamimi, an Ahwazi from Iran, and
a recognised refugee in Syria, accepted for
resettlement by Norway. He was arrested by
Syrian security forces on 11 May 2006 and
handed over to Iranian authorities in Tehran on 15
May 2006. Since then he has been held
incommunicado in solitary confinement and ill-
treated. As a result of the ill-treatment he has
blood in his urine, his liver and kidneys are not
functioning and he lost all of his teeth.
Furthermore, he is paralysed because his spine
has been damaged.
217.
16/05/07
JAL
FRDX;
HRD; IJL;
TOR
Anwaral-Bunni (subject of a previously
transmitted communication, A/HRC/4/33/Add.1,
para. 286). He is currently held atAdra Prison
near Damascus. On 31 December 2006, Mr. Al-
Bunni was pushed down some stairs and then
beaten up by another detainee in the presence of
prison guards who failed to intervene. On 25
January 2007, prison guards made Mr. Al-Bunni
crawl on the ground and forcibly shaved his head
as punishment during a crackdown on a ward
where criminal detainees had mounted a protest
after being excluded from a recent amnesty. On
24 April 2007, he was sentenced to five years in
A!HRC/7/3/Add. 1
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Type
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Allegations transmitted
Government response
prison by the first Damascus criminal court for
“spreading false or exaggerated information that
weaken the spirit of the nation,” and ordered to
pay a fine of US$2,000 to the Ministry of Social
Affairs and Labour for his membership in an
unlicensed human rights centre. Earlier on, Mr. al-
Bunni was charged with “spreading false news”
for a statement he had made about the inhumane
conditions that led to the death of a man in a
Syrian prison.
Mohammed Abdul Qader Talib, a 20-year-old
student at the Engineering College in Al-Itihad
University, Manbij, and MadharAbdul Rahman
al-Weis, a 27-year-old general practitioner. Mr.
Mohammed Abdul Qader Talib was arrested in
Aleppo on 10 January 2007 by military
intelligence. Since then his whereabouts have
been unknown and he has not been heard of or
seen. Dr. MadharAbdul Rahman al-Weis,
together with about ten other persons, was
arrested on 11 or 12 May 2007 in his surgery in
Al-lshaara in the province of Dayr Az-Zawr. He
was taken to an office of the security forces in
Damascus, separated from those he was arrested
with, and his whereabouts since are unknown.
By letter dated 9/10/07, the Government informed
that they were legally detained on 10 January
2007, having been charged with membership of a
terrorist organization, which is a punishable
offence under Syrian law. The two men were duly
and promptly brought before a court. They are
currently on trial before an independent, fair and
impartial court. The court will convict or acquit
either or both of these men in conformity with
Syrian law, which is based on the Constitution,
having due regard to articles 9 and 10 of the
Universal Declaration of Human Rights, and
articles 9 and 14 of the International Covenant on
Civil and Political Rights. The Government affirms
that their arrest was not effected in an arbitrary
manner. Both men benefit from Syrian law, which
guarantees them protection from torture and
safeguards their physical and mental integrity. The
two men are in excellent health and have regular,
free medical tests. They are protected and well-
nourished and have access to a wide range of
free services. Any complaints or objections that
either of them may wish to make will be
218.
01/06/07
JUA
WGAD;
TOR
A!HRC/7/3/Add. 1
page 254
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Type
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Allegations transmitted
Government response
investigated by the competent authorities.
219.
15/08/07
JAL
FRDX;
TOR
Saif al-Khayat, an Iraqi journalist working for the
Japanese news agency Jihi Press' bureau in
Damascus. He travelled to Syria to work as a
member of the local Jihi Press team. Before
receiving permission to work in the country, Mr. Al-
Khayat was questioned more than once by Syria's
political security officials concerning the nature of
his journalism, his political positions and previous
work in Iraq. On 19 June 2007, after he wrote two
news reports about the presidential referendum in
Syria, a number of Syrian political security
personnel raided his apartment and arrested him.
According to reports received, he was taken to
branch 701 of the political security's headquarters,
where he was told that the two reports were not
satisfactory to Syrian authorities. He suffered
physical assault and was forced to sign a
document testifying that he would leave the
country within three days.
220.
21/08/07
JUA
WGAD;
HRD; TOR
Ma'rouf Mulla Ahmed, aged 53, resident of
Qamishli, a leading member of the Syrian Kurdish
Democratic Unity Party (or Yeketi Party) which
calls for an improvement of basic rights for the
Kurdish population in Syria. On 12 August 2007,
he was asked to leave the bus at a Syrian
checkpoint controlled by state security (Amn al-
Dawla) at the Syrian-Lebanese border. He is now
detained incommunicado at branch 285 of state
security in Damascus.
By letter dated 29/11/07, the Government
informed that he was arrested by the police for
belonging to a terrorist organization that seeks to
create discord among Syrian citizens. He also
took part in, and incited others to participate in,
riots in breach of public order. He was charged
with these offences by the public prosecution
service and was duly brought before the
competent court, with his legal counsel in
attendance. The impartial and just Syrian court will
have the last say in deciding whether to dismiss or
confirm the charges against him and then convict
or acquit him. The Government therefore
A!HRC/7/3/Add. 1
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Government response
maintains that Mr. Mullah Ahmad's detention was
not arbitrary, that his full rights to legal
representation as provided for under Syrian law
were protected and that he was not subjected to
any form of torture. It should like to draw the
attention to the fact that Mr. Mullah Ahmad was
tried in accordance with Syrian law and
international norms and laws to which the Syrian
Arab Republic subscribes.
221.
23/08/07
JAL
SUMX;
TOR
Abdul Moez Salem, from Areeha (Idlib). He
disappeared from Areeha two years ago, and was
found detained in the Palestine branch for military
interrogation (branch 235). It is alleged that
several months ago Abdul Moez died following
injuries he received during his time in custody,
and his body was kept in storage. On 4 July 2007,
his body was handed to his family in a black bag,
but military intelligence did not allow the family to
view him or prepare his body for burial. The
officers refused to bury Abdul Moez in the towns
graveyards and supervised the burial.
222.
Follow-up
to past
cases
Ali al-Abdullah (A/HRC/4/33/Add.1, para. 282,
and E/CN.4/2006/6/Add.1, para. 475).
By letter dated 14/07/06, the Government
informed that the two men were arrested for
causing trouble and creating havoc in front of the
higher state security court and for using foul
language to the court and presiding judge. They
were sent before the chief public prosecutor of
Damascus, a member of the “ordinary” judiciary,
on 11 June 2006, to be prosecuted in conformity
with applicable Syrian law. Neither of them was
subjected to any unlawful procedure. A detention
order was issued. Everyone in Syria knows the
place where they were detained, Civil Prison,
A!HRC/7/3/Add. 1
page 256
Para
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Type
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Allegations transmitted
Government response
under instructions from an established judicial
authority, namely the chief public prosecutor of
Damascus. Syrian law protects these two men
and ensures that they are treated properly and not
subjected to any ill-treatment.
223.
Ali Shahabi (A/HRC/4/33/Add.1, para. 290).
By letter dated 13/02/07, the Government
informed that he was arrested and brought before
the courts on 10 August 2006 for establishing a
secret association, for infringing the laws and
regulations, and for engaging in this association's
activities without an official permit from the
competent institutions. He engaged in clandestine
activities, distributing unlicensed publications of a
kind likely to make Syria vulnerable to attack, to
sour its relations with foreign States and to leave
Syrians or their activities open to revenge attacks.
Indeed, many Syrians living in Lebanon have
been physically attacked and some have died at
the hands of Lebanese nationals. The Syrian
courts will have the final say as to whether this
man will be convicted or acquitted in accordance
with the laws and regulations in force in Syria.
224.
Thailand
07/05/07
JUA
WGAD;
TOR
Sukri Ar-dam, a 23-year-old teacher in southern
Thailand. On the evening of 11 April 2007, en
route from central Pattani district to Napradoo in
southern Thailand, he was stopped at a police
checkpoint at the village entrance. Upon
identification, he was informed by the police that
an arrest warrant for him was issued by the local
police station in connection with a murder
committed on 8 February 2007. He was taken to
lnkayuthboriharn army camp in Nongchick district,
Pattani. In an inquiry room he was kicked,
A!HRC/7/3/Add. 1
page 257
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Allegations transmitted
Government response
assaulted and strangled by a muscular man in
civilian clothes. Mr. Sukri Ar-dam was then
brought to another room, where seven to eight
plain-clothed men beat him all over his body, as
well as his genitalia. They forced him to take off
his underwear and put it on his head. After
approximately three hours he lost consciousness.
He had scars and severe injuries on his knees,
back and mouth. In the weeks following his arrest
family members repeatedly tried to gain access to
him, but were denied. On 1 May 2007 the police
filed an application with the Pattani provincial
court requesting an extension of Mr. Sukri Ar-
dam's detention pursuant to emergency
legislation. His lawyers sought his release under
section 90 of the Criminal Procedure Code of
Thailand. On 2 May 2007, a 12-day extension of
his detention and transfer to Kokpho district police
station was granted. On 3 May 2007, Mr. Sukri Ar-
dam's family sought bail, but this application was
rejected by the court.
225.
10/08/07
JUA
HOUS;
149 Lao Hmong people at Nong Khai
By letter dated 7 November 2007 the Government
WGAD;
Immigration Detention Centre (IDC), of whom
replied that the Nong Khai centre had not been
FOOD;
90 are children and babies. All are recognized
constructed to respond to this particular situation
HLTH;
refugees. The Hmong group was arrested by
or for a large influx of illegal migrants entering
TOR
immigration police in Bangkok on 17 November
Thailand. As for the particular group of 154
2006. On 8 December 2006, the group was
Laotian Hmong detainees, since the beginning of
transferred from Bangkok to Nong Khai IDC. On
their stay in Nong Khai IDC, the Immigration
30 January 2007, the authorities attempted to
Bureau had tried to alleviate the congested
deport them to Laos, but failed due to strong
conditions by allowing the detainees to go outside
resistance by the group. On 12 and 29 June 2007,
the detention rooms during the day. In addition,
seven Lao Hmong men escaped from Nong Khai
the Immigration Bureau sent a medical doctor to
IDC. Following these escapes in early July,
provide regular medical check-ups, which is the
A!HRC/7/3/Add. 1
page 258
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Allegations transmitted
Government response
immigration officials have applied stricter
measures toward the Lao Hmong which resulted
in deterioration of their conditions of detention. All
of them are confined to tiny cells, without access
to daylight and are not allowed to leave the cells.
They have no access to clean, potable water but
have to drink water from bathrooms inside the
cells. These restrictions, as well as limited access
to medical care, have caused the spreading of
diseases, such as rashes, diarrhea, respiratory
infections and fever, especially among children.
Furthermore, contact with the outside world is not
permitted as no visits or phone calls are allowed.
Ten video cameras, directly connected to
Bangkok Immigration, have been installed to
monitor detainees' activities.
normal practice of the Immigration Bureau at all
detention centers. For this particular group, the
Thai authorities have paid special attention to the
needs of the large number of children and
arranged that the medical doctor visit the children
on a daily basis between 9 and 12 a.m. Also a
physician from a non-governmental organization
was allowed to visit during these hours. After
seven Laotian Hmongs escaped from the
detention centre, with only two of them
apprehended to date, immigration officials were
compelled to take more stringent security
measures. The hunger strike staged by the
Laotian Hmongs protesting the congested living
conditions began on 15 August and ended on 19
August 2007. Even before the hunger strike
occurred, the Immigration Bureau was requesting,
and will continue to do so, funds from the
Government to expand facilities at IDC. Fully
aware of the urgency of the situation the
Immigration Bureau is also looking into expanding
the facilities in a temporary manner with a third
party, which is expected to be completed within
the next two months. In the meantime the
detainees have been allowed to move around
outside the detention rooms during the day. With
regard to access to safe drinking water and food
from outside, it is important to note, that there
have never been any restrictions and that nobody
had to drink water from bathrooms as alleged. It
should also be stressed that officials from the UN
High Commissioner for Refugees' office have
regularly visited the group. The Royal Thai
A!HRC/7/3/Add. 1
page 259
Para
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Type
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Allegations transmitted
Government response
Government considers the above-mentioned
Laotian Hmongs illegal immigrants, subject to
judicial process in accordance with the Thai
Immigration Act of 1979 (B.E. 2522). Once these
illegal immigrants are arrested, they will be
detained in a detention facility of the Immigration
Bureau before being repatriated to their countries
of origin. This modus operandi is practiced by all
countries around the world. However, the Royal
Thai Government has treated these illegal
immigrants in compliance with humanitarian
principles and with international norms under
international human rights and humanitarian law,
including the International Covenant on Civil and
Political Rights and the Convention on the Rights
of the Child. In addition, although Thailand is not
party to the 1951 Refugee Convention, she has
principally attempted to observe the non-
refoulement principle and has never repatriated
people with POC status accorded by UNHCR. It
should also be noted that the context and
circumstances of illegal migration in Thailand is
different from those in other countries, especially
in Europe since Thailand is a country of first
asylum and faces a large influx of several
thousand displaced persons and illegal
immigrants who enter the country in search of
better economic conditions. Furthermore, Thailand
is a developing country with limited financial
resources and needs to take into consideration
concerns relating to national security when
dealing with illegal immigrants. In relation to the
case of the Laotian Hmongs in Nong-Khai IDC,
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Yaga Pa-o-mani from Banang Sata in Yala. On 27
June 2007 at 5 a.m., he was arrested at his home
bya large group of soldiers who travelled in 10
army vehicles. Two days later, on 29 June, his
body was discovered at the Yala Central Hospital.
The family was notified by a Bajoh subdistrict
administrative officer, who had been contacted by
police officers from Banang Sata District Police
Station. An autopsy was performed at Raman
District Hospital, which found injuries to the back
and a bullet wound to the left shoulder, in addition
to other wounds. The body was bruised on the
chest and the skull was fractured. The forensic
the Royal Thai Government has suspended all
actions based on humanitarian principles and
given the lack of clarity as to the cause for which
they have left their country. The Royal Thai
Government has recently established a screening
mechanism, an internal body to transparently
verify the identity and nationality of more than
7000 Laotian Hmong illegal immigrants in
Petchaborn Province. This mechanism will also
identify the persons with genuine fear of
persecution and help to find avenues for further
action acceptable to all parties concerned.
Thailand has to bear the heavy burden of
sheltering illegal migrants for decades. Our
responses have always been based on
humanitarian considerations. The Royal Thai
Government hopes that all parties concerned
understand the difficult position faced by Thailand
and take appropriate steps in finding a durable
solution.
By letter dated 5 September 2007 the
Government indicated that the official response on
the case will be submitted later and provided the
Special Rapporteur with a general clarification of
the Royal Thai Government on the Executive
Decree on Government Administration in
Emergency Situations, which was applicable to
the present case. The Government reiterated that
the Decree did not limit the rights contained in the
International Covenant on Civil and Political
Rights, that all safeguards required under
international law are guaranteed by national
leaislation and that torture or cruel, inhuman or
226.
14/08/07
JAL
SUMX;
TOR
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scientist from Bangkok testified to the ad-hoc
committee to study and investigate violence in the
deep south provinces that he was subjected to ill-
treatment before he died. A investigating officer at
tRaman District Police Station, told the local
independent news media that Yaga had been shot
and killed in an attack by a group of militants
during his transport from military custody into
police custody.
degrading treatment are prohibited by the Criminal
Code.
227.
Tunisia
16/01/07
JUA
WGAD;
TOR
M. Mohammed Mejdi Mechri, 21 ans, étudiant
en premiere année d'informatique, Mile. Sondes
Riahi, iyceenne en sixième année, M. Ahmed
Bachkoual, M. Brahim El Ouaer, M. Kamel
Hmidi, M. Hichem Hmidi, M. Mohammed Hmidi
et M. Zoubaler Larbi. Le 20 décembre 2006, une
escouade de policiers aurait fait irruption au
domicile de M. Mohammed Mejdi Mechri
Sejnane a 90 km au nord de Bizerte. Les forces
de i'ordre i'auraient enievé après avoir fouiiié son
domicile. A ce jour, sa familie ne saurait pas oü ii
est détenu ni s'ii a été incuipé d'un crime. La nuit
du 30 décembre 2006, les forces de i'ordre
auraient arrêté a Solimane les frères Kamel,
Hichem et Mohammed Hmidi ainsi que M.
Zoubaler Larbi. A ce jour, leurs families ne
sauraient pas oü us sont détenus, ni s'iis ont été
incuipés d'un crime. Le 3 janvier 2007, a
Solimane, Ia Süreté aurait entre outres arrêté une
jeune iyceenne, Mile. Sondes Riahi, M. Ahmed
Bachkouai, et M. Brahim El Ouaer. us seraient
toujours détenus dans un lieu inconnu.
Par une iettre datée du 07/09/07, le
Gouvernement a répondu que MM. Mohamed
Majdi Mechergui, ibrahim El Ouaer et Ahmed
Chakouai, font i'objet de poursuites judiciaires
pour perpetration d'actes terroristes. us ont été
places en garde a vue respectivement le 24
janvier, 29 janvier et 3 février 2007. us ont été
déférés respectivement le 27 janvier, 31 janvier et
5 février 2007 devant le Ministère public qui a
décidé i'ouverture d'informations judiciaires. Après
interrogatoires par le Juge d'instruction auprès du
Tribunal de premiere instance de Tunis, us ont été
places sous mandats de depOt a Ia Prison civile
d'Eimornaguia. Mile Sondes Riahi a été déférée,
en état de liberté, devant le ministère public qui a
décidé i'ouverture d'une information judiciaire pour
perpetration d'actes terroristes. L'instruction suit
son cours. S'agissant de MM. Kammel Houimdi,
Hichem Houimdi, Mohamed Houimdi et Zouheir
Larbi, le Gouvernement informe qu'aucune affaire
les concernant n'a été enregistree.
228.
23/01/07
JUA
WGAD;
TOR
Mohammed Amine Jaziri, Mme Wissam
Aissaoui. Mohammed Amine Jaziri aurait été
Par une iettre datée du 07/09/07, le
Gouvernement a répondu que M. Mohamed
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arrêté le 24 décembre a Sidi Bouzid. Trois jours
plus tard son domicile aurait été fouillé par Ia
police, qui aurait utilisé Ia clé de M. Jaziri pour
ouvrir Ia porte. Mme Wissam Aissaoui aurait été
arrêtée le 29 décembre 2006 a Soliman par les
forces de sécurité. Depuis, ils seraient détenus
dans un lieu inconnu. Les arrestations auraient
eu lieu a Ia suite d'échanges de tirs entre les
forces de sécurité et des membres présumés du
“Groupe salafiste pour Ia predication et le
combat, qui serait soupconné de maintenir des
liens avec al Qaeda. Ces événements auraient eu
lieu le 23 décembre 2006 au sud de Tunis.
Amine Jaziri a été place en garde a vue le 22
janvier 2007 en execution d'une commission
rogatoire émise par le Doyen des juges
d'instruction et ce, pour perpetration d'actes
terroristes (affaire n° 7717). Déféré, le 27 janvier
2007, devant le juge d'instruction chargé de
l'affaire, il a été interrogé puis place sous mandat
de depOt a Ia prison civile d'Elmornaguia.
Quant a Mme Wissam Aissaui, le Gouvernement
affirme qu'elle a été interrogée puis libérée.
229.
14/05/07
AL
TOR
Mohammed Ben Mohammed, ägé de 30 ans,
titulaire d'une maItrise, gestionnaire financier en
Tunisie Télécom, Oualid Ben Mohammed Salah
Ben Ahmed Layouni, détenu a Ia prison civile de
Mornaguia dans l'affaire instruite sous le numéro
7790/1 0, M. Houssine Ben Mohammed Diouri,
détenu a Ia prison civile de Mornaguia dans le
cadre de l'affaire instruite sous le numéro 8066 et
M. Zied Fakraoui, ägé de 27 ans. Le 2ojanvier
2007, Mohammed Ben Mohammed aurait été
arrêté par Ia police. Au boutde l5jours il aurait
été transféré a Ia prison de Mornaguia, oü, le 6
mars 2007, des agents l'auraient frappé a coups
de batons, de poings et de pieds, lui occasionnant
des blessures graves sur le visage près de l'ceil.
M. Mohammed Ben Mohammed avait déjà été en
detention entre le 3 avril 2004 et le 3 juillet 2005,
quand il aurait été acquitté en appel. Oualid Ben
Mohammed Salah Ben Ahmed Layouni aurait était
frappé a Ia tête a coups de matraques, de pieds et
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de bottes par plusieurs agents a Ia prison de
Mornaguia entre 1 et 15 avril 2007, ce qui lui
aurait cause des blessures dans le visage et
réduit sa vision. Egalement, en résultat du
traitement subi, ii n'entendrait plus de l'oreille
gauche. Houssine Ben Mohammed Diouri aurait
été soumis a des mauvais traitements lors de sa
garde a vue, ce qui lui aurait cause des blessures
a Ia tête et a I'ceil gauche, ainsi qu'une fracture du
nez. II aurait été conduit a plusieurs reprises a
l'hOpital Razi pour y recevoir des soins, mais son
état continuerait a se degrader. M. Zied Fakraoui
aurait été arrêté le 18 avril 2005 a son domicile
situé a Mhamdia par un groupe de 6 policiers en
tenue civile. II aurait été détenu dans le sous-sol
du Ministère de l'lntérieur pendant 14 jours avant
d'être transféré a Ia prison de Borj El Amri, oü il
aurait été déshabillé, ligote et maltraité par
Abderrahmane Gasmi. Du fait de ce traitement, il
aurait eu du sang dans l'urine et des traces de
brülures de cigarettes sur le visage. II n'aurait pas
recu de soins médicaux a ce jour. Lors de son
procès, M. Zied aurait décrit les traitements qu'il
avait subis, mais le juge Tarek Brahem aurait
refuse d'enregistrer au procès verbal les
declarations de Ia victime.
230.
27/06/07
JUA
WGAD;
Abdullah Bin Omar al Hajji et Lutfi Ben Swei
TOR
Lagha, citoyens tunisiens. Le 17 juin 2007, M. Al
Hajji et M. Lutfi Ben Swei Lagha auraient été
renvoyés en Tunisie depuis Ia base navale des
Etats Unis a Guantanamo. M. Al Hajji serait
actuellement détenu a Ia prison “Mornaguia”, près
de Tunis, oü il aurait fait l'objet de mauvais
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traitements et oü ii aurait été menace du viol de
sa femme et de ses filles. Sous pression, il aurait
avoué avoir commis des actes criminels. En 1989,
M. Al Hajji avait quitte Ia Tunisie pour s'installer au
Pakistan suite a des persecutions religieuses. En
1992, dans le cadre des procès collectifs contre
des personnes soupconnées d'être des islamistes
préparant une conspiration contre l'état tunisien, il
avait été condamné par contumace a une peine
de 23 ans d'emprisonnement. Ces procès avaient
été largement critiques pour ne pas répondre aux
standards internationaux relatifs au procès
equitable. M. Lutfi Lagha aurait été détenu a Ia
Base de Guatanamo pendant plus de cinq ans
sans jamais avoir eu accès a un avocat. II serait
actuellement détenu dans un endroit inconnu en
Tunisie, en attendant que des accusations soient
formulées. En dépit du fait que les autorités des
Etats-Unis auraient trouvé que M. Lagha ne
constituait pas une menace et qu'elles n'auraient
pas d'informations relatives a Ia participation de
M. Lagha a des actes terroristes, il n'est pas exclu
que l'information fournie par les Etats-Unis soit Ia
base de Ia detention actuelle de M. Lagha.
231.
18/07/07
UA
TOR
Sayfallah Ben Omar Ben Hassine, age de 42
ans, actuellement détenu a Ia prison de
Mornaguiya a Tunis. M. Ben Hassine aurait fui Ia
Tunisie a Ia suite d'une vague d'arrestation des
militants du mouvement estudiantin en 1987. II
aurait été arrêté en Turquie en février 2003 et
extradé vers Ia Tunisie au cours de Ia même
année. II aurait été condamné par le tribunal
militaire de Tunis, juridiction d'exception, a une
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peine de 46 années de reclusion criminelle. A Ia
prison de Mornaguyia M. Ben Hassine serait
détenu dans des conditions extrêmement difficiles
et serai soumis a un régime special de detention
ii serait reclus dans un cachot de 4 metres carrés,
sans accès a l'eau pourse layer, sans aeration et
sans lumière naturelle. II aurait été régulierement
soumis aux mauvais traitements pour avoir
protesté contre les conditions de detention, le plus
récemment en juin 2007, suite auxquelles ii portait
des traces de coups dans son visage. Etant
donné les mauvaises conditions de detention et
les maladies, dont il souffrirait (l'asthme et une
infection rénale chronique) il serait très affaibli. II
ne serait pas clair s'il a accès au traitement
medical approprié .
232. Uganda 19/09/07 AL TOR Patrick Kabula, Kahindo Balilie and Bikay
Kusimuweri, all of them Congolese
refugees/asylum seekers. Together with 38 other
persons, they were detained incommunicado from
13 to 17 August 2007. On 17 August, they were
transferred to the custody of Kampala magistrates
court, before being remanded to Luzira Prison in
Kampala until their court hearing on 23 August
2007, following which they were released on bail.
All the detainees have been charged with
“conspiracy to commit a felony. While in
detention Kahindo Balilie, Patrick Kabula and
Bakay Kusimuweri were repeatedly beaten and
kicked. They suffered bruising and injuries to their
backs. Kahindo Balile suffered internal bleeding
after being beaten and kicked, including in the
aroin. and iumDed on. All 41 of the detainees were
A!HRC/7/3/Add. 1
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Donchu, currently held at Artemovsky SIZO (pre-
trial detention centre), Donetsk Region. Mr.
Donchu was arrested on 22 June 2005, already in
poor health at that time. At present, he is
diagnosed with various chest ailments. The ward's
medical chief concluded that “at present, patient
G.P. Donchu is seriously somatically ill, [ ...] the
forecast regarding G.P. Donchu's health condition
is unfavorable given his prolonged detention” and
stated that Mr. Donchu “requires treatment and
further examination at a specialized (cardiologic)
institution”. At a recent court hearing, when an
ambulance had to be called to treat Mr. Donchu,
the treating doctor found that Mr. Donchu “was on
the brink of a micro stroke or a micro infarction”.
By letter dated 15/08/07, the Government
informed that he was arrested on 22 June 2005 on
suspicion of the commission of an offence
covered by article 364, paragraph 3, of the
Criminal Code of Ukraine. On being admitted to
the Artemovsk remand centre on 4 July 2005, Mr.
Donchu was examined at the centre's medical
unit, following which he was referred for treatment
for chronic illnesses from which he was found to
be suffering. Since 4 July 2005, Mr. Donchu has
been in custody at the Artemovsk remand centre
of the Ukrainian Criminal Corrections Service in
Donetsk province. The following diagnosis was
drawn up after his medical examination:
“Rheumatism (inactive phase), combined heart
valve disease with a stenosis of the aortic
isthmus, cardiac decompensation at the 2B stage,
hypertension, chronic ciliary tachyarrhythmia
accompanied by chronic bronchitis and respiratory
failure of degree 1-2.” During his custody in the
remand centre, the detainee has repeatedly
received medical assistance (including, in 2005,
specialized treatment in the local health care unit
of the Ukrainian Ministry of Health), in accordance
with the recommendations of the Ukrainian
Ministry of Health, in response to symptoms of
rheumatism, combined mitro-aortal insufficiency,
relative incomDetence of the tricusDid valve.
233.
Ukraine
20/06/07
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held in harsh conditions at the headquarters of the
RRU in Kireka, Kampala, squeezed into small
rooms and forced to sleep in turns on cement
floors covered in water. They received food only
three times in five days.
JUA
HLTH;
TOR
A!HRC/7/3/Add. 1
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cardiac fibrillation in the tachysystolic phase,
cardiac decompensation at the 2A stage and
chronic obstructive bronchitis. In addition, on five
separate occasions (8 February 2006, 18 October
2006,4 December2006, 27 March 2007 and 12
June 2007), Mr. Donchu was examined by
specialists from the cardiology division of
Artemovsk central district hospital. In order to
meet Mr. Donchu's need for inpatient treatment in
a specialized hospital unit, on 12 June 2007, he
was sent for a consultation at the cardiology
division of Artemovsk central district hospital. His
examination confirmed the original diagnosis and
recommendations were drawn up for his treatment
in the medical unit of the remand centre with
prescribed medication under the supervision of a
doctor. At the current stage, the detainee's health
state is consistent with the chronic illnesses from
which he has been found to be suffering. He
undergoes regular check-ups and when his
chronic conditions worsen, he is properly treated
with the prescribed medication. On 23 October
2006, the remand centre authorities submitted
report No. 9/11575, to the Nikitinsk district court in
the city of Horlivka in Donetsk province, which,
since 11 October 2006, has been responsible for
considering Mr. Donchu's case, confirming that
the defendant is suffering from the specified
illnesses and reporting on his worsening state of
health. In this connection, Mr. Donchu and his
legal counsel have applied to the court (twice in
2006 and twice in 2007 - in January and in June)
for the measure of restraint applied against him to
A!HRC/7/3/Add. 1
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be replaced by a non-custodial measure. By its
decisions of 11 January and 12 June 2007, the
court rejected those applications. During the court
hearings on 12 and 26 June 2007, emergency
medical services were called when Mr. Donchu
suffered health crises. When questioned on this
matter, a doctor from the emergency medical
services (who was called out on 12 June)
explained that, following a diagnosis of increased
arterial pressure and having reviewed the results
of a cardiogram, injections of verapamil and
corglycon were administered to the defendant to
bring down his blood pressure and heart rate. The
doctor also confirmed that Mr. Donchu was in no
danger of a heart attack and did not need to be
hospitalized, although he did recommend that the
court proceedings be deferred. A paramedic with
the emergency medical services (who was called
out on 26 June), said that Mr. Donchu had
complained of discomfort in his chest area and of
feeling weak. An examination showed that his
cardiogram was within the normal range. In order
to alleviate his heart pain and to stimulate cardiac
activity, injections of analgin, dimedrol and
corglycon were administered. Mr. Donchu's state
of health improved and he did not need
hospitalization. Mr. Donchu is being treated in
accordance with the doctor's recommendations
and his state of health is being monitored by
specialists from the central district hospital in
Artemovsk and the medical unit at the remand
centre. At the current time, Mr. Donchu is in
sufficient health to be able to participate in the
A!HRC/7/3/Add. 1
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court hearings. Neither Mr. Donchu nor any other
persons acting on his behalf have submitted
complaints to the procuratorial authorities of
Donetsk province; accordingly, there had been no
grounds to conduct an investigation. No
compensation has been awarded to Mr. Donchu
or to members of his family.
234.
21/06/07
AL
TOR
Buchanska Correctional Colony No. 85, at 3
Mirnaya Street, Gostomel, Kyiv region. On 7 June
2007, between 6 and 7 p.m., a special anti-terror
unit, consisting of officers wearing masks and
special uniforms, was deployed to a high security
section of the colony, presumably in response to
numerous complaints by the prisoners about poor
conditions of detention. For an hour, the officers
severely beat up the prisoners held in that section.
Later that day, around 8 p.m., 12 prisoners with
serious bodily injuries were admitted to the
infirmary. The injured prisoners, some of them on
stretchers, were taken to the hospital by officers of
the special unit.
By letter dated 15/08/2007, the Government
informed that pursuant to the Ukrainian Counter-
Terrorism Act, six special detachments have been
set up under the Ukrainian Criminal Corrections
Service, which include an interprovincial
detachment reporting to the Criminal Corrections
Service for Kiev city and province. The special
detachment regulations were ratified by order No.
167 of 10 October2005 of the Criminal
Corrections Service. Under the regulations, the
special detachment is a paramilitary formation
designed to intercept and prevent both crimes of a
terrorist nature within the facilities of the criminal
corrections system and activities intended to
disrupt the work of the corrections services, to
ensure the protection of their staff and to carry out
other measures to maintain the necessary
conditions for the serving of punishments and the
conduct of searches. In accordance with the
Service's rules and regulations and pursuant to
order No. 94 of 7 June 2007 passed by the chief
of the Criminal Corrections Service for Kiev city
and province and the duly ratified plan of action,
on 8 June 2007 a special detachment was
deployed to Buchansk correctional colony No. 85,
to provide practical assistance for the conduct of
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searches and the monitoring of the prisoners' daily
routine. Between 6 a.m. and 12.10 p.m. officers
from the detachment, working together with
employees of the facility itself, conducted
searches and technical inspections in the high
security section of the colony and in units of
rehabilitation section No. 4, and also of the
prisoners held in those facilities. Those searches
led to the discovery and confiscation of a large
quantity of prohibited items: kitchen knives,
medical syringes, sharpened metal blades, home-
made electrical appliances and playing cards.
During the spot searches, no physical coercion
was employed against the prisoners. After the
conduct of the searches, the relevant reports were
drawn up and a drop-in session organized for the
prisoners to come and discuss personal matters.
No complaints or applications were filed by the
prisoners. Following those procedures, a number
of complaints were filed with the Office of the
Procurator-General by human rights groups from
Kharkiv and Sevastopol, the Ukrainian chapter of
the International Helsinki Federation for Human
Rights, the Public Committee for the Protection of
Constitutional Rights and Civil Freedoms, the
Kherson Provincial Charity Fund, the International
League for the Human Rights of Ukrainian citizens
and by a people's deputy in the country's fifth
parliamentary session. These complaints alleged
that physical force and special measures had
been applied by staff of the special detachments
against the prisoners, as a result of which many
prisoners suffered bodily injuries and some were
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admitted to hospital for medical treatment. No
reports or complaints to this effect were submitted
to the law enforcement agencies by the prisoners
themselves or by their relatives. Acting on the
instructions of the Procurator-General of Ukraine,
officials from the Ukrainian procuratorial service
undertook to check these allegations, making on-
site visits in the company of representatives of
human rights organizations, who had the
opportunity freely to interview the prisoners. The
checks established that, during the procedures
described above, no physical force or special
measures had been applied, no prisoners had
suffered bodily injuries and none had been
admitted to hospital for medical treatment. In the
light of the findings of this check, the actions taken
by officers of the special detachment under the
State Corrections Service for Kiev city and
province and by the staff of Buchansk correctional
colony No. 85 were deemed lawful, a finding
which was accepted by the chairman of the board
of the International League forthe Human Rights
of Ukrainian citizens, who also took part in the
check. Certain media outlets published distorted
information about this exercise. For the purpose of
the check, the colony was visited by staff from the
Office of the Ukrainian Procurator-General and
from the secretariat of the Human Rights
Commissioner of the Supreme Council of Ukraine.
In his article entitled “Special detachment officers
address convicts as Sir”, published on 12 June
2007 on the Internet site “Criminal Ukraine”, a
correspondent from Segodnya newspaper, refuted
A!HRC/7/3/Add. 1
page 272
Lema Susarov, aged 25, ethnic Chechen,
currently detained in Kyiv detention facility No. 13,
and a recognized refugee in Azerbaijan in 2006.
The Russian Federation called for his extradition
on 16 February 2007, on charges of robbery, and
he was detained in Ukraine on 20 July 2007. On
27 July the office of the Prosecutor General
decided to extradite him. He has been registered
as an asylum-seeker in Ukraine with the Kyiv City
Migration Service since 8 August 2007. Mr. Lema
Susarov's forcible return to the Russian
Federation is imminent. With a view to credible
reports that Chechen men are at increased risk of
torture and ill-treatment, concern is expressed for
the physical and mental integrity of Mr. Lema
Susarov, should he be forcibly returned to the
Russian Federation.
By letter dated 21/09/07, the Government
informed that Lema Lechievich Susarov, a
Russian citizen, was arrested in Kyiv on 20 July
2007 by railway police officers of Kyiv passenger
station on the south-western railway line of the
Ukrainian Transport Authority, and, on the
decision of the Solomensk district court of 22 July
2007, was sent to remand centre No. 13 of the
State Penal Correction Department in Kyiv. Mr.
Susarov was arrested as a person for whom the
law enforcement agencies of the Russian
Federation had issued an international search
warrant for having committed an offence under
article 162, section 2, of the Criminal Code of the
Russian Federation (“Aggravated theft”).
According to information provided by the
Ukrainian State Committee on Ethnic and
Religious Affairs, Lema Susarov, submitted an
application for refugee status through his lawyer to
the Kyiv Migration Department on 8 August 2007.
As required by the Refugees Act, on 23 August
2007, officers from the Kyiv Migration Department
interviewed Mr. Susarov at Kyiv remand centre
No. 13. On the basis of the consideration of his
application and the interview conducted, during
which the applicant provided information which
requires further investigation, on 28 August 2007,
the Migration Department decided to process the
documents relatina to his aDDlication for refuaee
235.
13/08/07
UA
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misleading information about the exercise.
Following the various checks, the information
published in the media was declared to have been
untrue and unsupported by the facts.
TOR
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status (in other words, Mr. Susarov's application
form was accepted). In accordance with the
Refugees Act, Mr. Susarov was officially
registered with the relevant document. The
decision as to whether to grant Mr. Susarov
refugee status will be taken by the State
Committee on Ethnic and Religious Affairs and
may be appealed in a court of law. The question
of Mr. Susarov's extradition will be taken up only
after his application for refugee status has been
dealt with. The Ukrainian Security Service in
cooperation with the Ministry of Internal Affairs,
the Office of the Procurator-General and the State
Committee on Ethnic and Religious Affairs has
considered the matter of the extradition to the
Russian Federation of the Russian citizen, Lema
Susarov. For the time being, the case concerning
Mr. Susarov's extradition has been suspended
pending consideration of his application for
refugee status and the complaint concerning the
unlawfulness of his extradition. All measures
taken by the competent authorities in respect of
Mr. Susarov have been in conformity with national
and international legislation.
236.
19/10/07
JUA
WGAD;
Igor Koktysh, a 27-year-old rock musician and
TOR
citizen of Belarus. He was arrested on 25 June
2007 and has since been detained by Ukrainian
police forces to await extradition to Belarus on
charges of “premeditated, aggravated murder”,
which carries the death sentence. Mr. Koktysh
was first arrested and detained in January 2001 in
the city of Baranovici in Belarus on charges of the
murder of a friend's relative. While in police
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detention awaiting trial for one year, Mr. Koktysh
was subjected to beatings and other forms of ill-
treatment, such as placing him naked in a freezing
cell and depriving him of the medication he
needed against his asthma, in order to force him
to confess to the murder. On 7 December 2001,
the district court of Brest found him not guilty. The
decision was confirmed by the Supreme Court of
Belarus on 1 February 2002. Following an appeal
on 11 April 2002 by the Prosecutor General of
Belarus, the case was referred back to the
competent court for re-trial. In October 2003, Mr.
Koktysh left Belarus, for fear of an unfair trial
resulting in a death sentence, and moved to
Ukraine. Prior to his arrest, he had been engaged
in social activities supporting the youth in
Baranovici and organised music festivals. After he
had established a Catholic youth organisation,
local police urged Mr. Koktysh not to registerthe
organisation and, when he persisted, warned him
that they would find a reason to arrest him.
237.
United Arab
21/02/07
JUA
WGAD;
Abdullah Sultan Sabihat al-Alili (subject of
Emirates
FRDX; IJL;
previously transmitted communications,
TOR
E/CN.4/2006/6/Add.1, para. 516). He was
arrested without warrant by the state security
forces (Amn al-Dawla) on 15 February 2007 at his
residence. His home was searched and his
personal documentation and library confiscated.
Since then neither his family nor his lawyer have
received any information about his whereabouts
or the reason for his arrest. During a previous
period of detention, between 8 August 2005 and
25 October 2005, he was held in secret detention
A!HRC/7/3/Add. 1
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and was never brought before a court. He was
interrogated about his political opinions and his
criticism related to the state of democracy in the
country. He was repeatedly beaten by the state
security forces.
238. 02/05/07 JAL HLTH; Sanad Ali Yislam al-Kazimi, a 37-year-old
TOR; Yemeni national, detained at the U.S. Naval Base
in Guantanamo Bay, Cuba. In early January 2003,
he was arrested in Dubai, United Arab Emirates.
He was held for eight months and 16 days. For
the first two months, he was held in an unknown
location in or near Dubai. Thereafter, he was
transferred to a location about a two-hour car
drive away, believed to be the State Security
facility in the vicinity of Dubai Airport. Here he was
held for approximately six months before being
transferred to United States of America military
custody in Afghanistan, despite being told that he
was being returned to Yemen. While in detention
in Dubai, he was subject to: spatial disorientation,
where his eyes and ears were covered, and a
black bag covered his head; temporal
disorientation by being held in complete darkness
with no indication of the time of day; beatings with
fists; extreme climate conditions due to frigid and
excessive air conditioning; was kept naked for 22
days, sometimes shackled; subject to simulated
drowning, where black goggles were placed over
his eyes, his arms and legs were tied together
then lifted by a machine into a pool of cold water,
held underwater and then pulled out; he was
threatened with rape; his genitals and buttocks
were fondled by his caDtors: and he was reaularlv
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insulted. On or about l6to l8August 2003, he
was transferred to the custody of United States
forces and taken to Kabul, Afghanistan.
239.
14/06/07
AL
TOR
Anthony Okwuchukwu Okeke, a Nigerian
citizen, held at Sharjah Central Jail. On 15 July
2004, already in detention, he was heavily beaten
up by a group of criminal investigators from Dubai
and Sharjah and resulted in injuries to his chest,
neck and eyes. For several weeks following the
incident his eyes remained swollen and he
coughed blood. He has tried several times to file a
complaint about this treatment, but to no avail.
240.
01/11/07
JUA
IJL; TOR
‘Abdullah Sultan al-Subaihat (subject of
previously transmitted communications, see
above, and E/CN.4/2006/6/Add.1, para. 516). He
was held incommunicado for months before he
was charged with “obtaining secret information on
State security.” He appeared before the Federal
Supreme Court in Abu Dhabi for the first time on
25 June 2007. Mr. ‘Abdullah Sultan al-Subaihat
was granted access to a lawyer, however, the
court sessions were closed and no family
members were allowed to attend the hearings. His
application for bail was denied. During the final
court session on 10 September 2007 he alleged
that he had been ill-treated in detention by
members of the state security forces. Mr.
‘Abdullah Sultan al-Subaihat reported that he had
been beaten with a hosepipe all over his body,
deprived of sleep, forced to carry a chair above
his head every day for two weeks, and threatened
with sexual assault. The Federal Supreme Court
did not investigate these allegations. Testmony of
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witnesses appearing for the prosecution were the
very members of the state security forces who
had ill-treated him in detention and was the only
evidence presented by the State. On 1 October
2007 Mr. ‘Abdullah Sultan al-Subaihat was
sentenced to three years' imprisonment. There is
no right to appeal. Mr. ‘Abdullah Sultan al-
Subaihat is currently being detained at Al-Wathba
Prison, located 60km outside of Abu Dhabi, where
he is allowed to receive family visits once a week .
241. 07/12/07 AL TOR CherifHaidara, a national of Niger and Mali. He
is presently in Dubai Central Prison. He was
sentenced to a prison term of three years but has
now been in prison for a total of nine years. On
several occasions he was beaten with batons and
with a hosepipe by guards and police officers.
Each beating has left Mr. Haidara with severe
injuries and bruises all over his body. Mr. Haidara
has been denied access to a doctor or any other
medical treatment for several days following the
beatings. He has also been hung on the walls of
the prison for long periods of time. For instance, in
March 2007 he was handcuffed and hung up by
his arms so that he was on tiptoes for five hours.
On 24 November 2004, the UN Working group on
arbitrary detention stated that “the deprivation of
liberty of Mr. Cherif Mohammed Haidera since 5
December 2002 is arbitrary as being in
contravention of article 9 of the Universal
Declaration of Human Rights and falls within
category 1 of the applicable categories to the
consideration of the cases by the Working Group”
(ODinion number 22/2004. United Arab Emirates).
A!HRC/7/3/Add. 1
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United
Kingdom of
Great Britain
and Northern
Ireland
Armand Marcel Koiman, a Cameroonian
national, a former police officer in Loum, and
currently held at Oakington detention centre in
Cambridge. He is due to be deported on 9 March
2007 at 9 pm. Mr. Koiman was detained in his
home country Cameroon between 20 November
2004 and 11 February 2005 based on allegations
that he supported the political opposition. He was
at first held in solitary confinement in a detention
centre in Douala in a very dark cell measuring 1 .5
m x 2.0 m. During that time he was frequently
forced into uncomfortable positions and severely
beaten with rubber whips on his buttocks and
soles. After three weeks he was transferred to a
disciplinary prison in Edear, where he shared a
cell with other inmates. The cell was extremely
dirty, light was scarce, he frequently had no
access to water, and the little water that he
received was of poor quality, as was the food. He
was not given food for prolonged periods and not
allowed to exercise. During his custody, he had no
access to a lawyer and was never produced
before a court. As a result of the treatment and
the detention conditions, he sustained eye and
stomach conditions, and scars mainly on his
buttocks and the soles of his feet. He also suffers
from depression. In February 2005 Mr. Koiman
fled to the United Kingdom, where he asked for
asylum on 14 April 2005. His claim, after having
been considered by several instances, was finally
rejected on 22 February 2007 based on the
argument that the medical evidence was not
“completely conclusive” and did not constitute
By letter dated 28/1 0/07, the Government
responded that Mr. Koimon claimed to have
entered the United Kingdom at Gatwick on 3 April
2005 using a French passport to which he was not
entitled. There is no evidence to substantiate this.
He sought asylum on 14 April 2005, on which date
he was informed of his liability to removal from the
United Kingdom as an illegal entrant. His case
was accepted into the fast track procedure and, as
an integral part of that procedure, he was detained
at Harmondsworth. He was interviewed on 22
April 2005 about the basis of his claim. On 25
April 2005 his asylum claim was rejected. The
Immigration and Nationality Directorate (IND)
accepted that Mr. Koimon had been a policeman
in Cameroon at some point but did not accept as
true any other aspect of his claim. IND took the
view that Mr. Koimons motives for coming to the
United Kingdom were primarily for economic self-
betterment. Mr. Koimons appeal against this
decision was heard by an Immigration Judge and
dismissed on 4 May 2005. The Immigration
Judge, who had the benefit of hearing evidence
from Mr. Koimon in person, held that the appellant
had not been able to satisfy him that he had
suffered persecution for a Convention reason
whether of race or imputed political opinion or
otherwise. If the appellant were genuinely at risk
of a material period of detention in Cameroon it
might be possible for him to argue that he would
be subjected to treaiment violating his rights under
Article 3 of the Human Rights Convention.
However, the Judge did not believe that Mr.
242.
08/03/07
JUA
MIG; TOR
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A!HRC/7/3/Add. 1
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“independent corroborative evidence.
Koimon had been detained and escaped in the
manner that he described and he therefore did not
believe that he was at further risk of detention.
There was no evidence to support the appellants
assertion that he might be at risk of his life if he
were to return. Mr. Koimon applied to the Asylum
and Immigration Tribunal for a reconsideration of
that decision. In rejecting his application a Senior
Immigration Judge held that: “The application
identifies no error of law on the part of the
Immigration Judge. When read as a whole, the
determination is a full, fair and properly reasoned
one which accurately describes the appellants
account and adequately explains why the claims
are dismissed. There is no real possibility that the
Tribunal would decide the appeal differently on
reconsideration. An appeal would have no
prospect of success. “Mr. Koimon refused to
cooperate with procedures to obtain a travel
document for him and because his return to
Cameroon was therefore no longer imminent he
was released from detention on 14 July 2005. On
12 December2006 Mr. Koimons solicitors made a
purported fresh application on his behalf citing an
asserted interference with his human rights under
Articles 2, 3, 5, 6, 7, 8, and 13 of the ECHR.
Those representations were rejected on 22
February 2007. On 23 February 2007 Mr. Koimon
was detained under Immigration Service powers
and directions were set for his removal to
Cameroon on 2 March 2007. These were deferred
for administrative reasons on 1 March 2007 and
were reset for 9 March 2007. On 5 March 2007,
A!HRC/7/3/Add. 1
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Mr. Koimons legal representatives lodged an
application for judicial review with the
Administrative Division of the High Court. Mr.
Koimon was released from detention on 9 March
2007 pending the outcome of his application to the
Court. With regard to the specific concerns raised
by the Special Rapporteur, the Government
replied that the standard of proof required in an
asylum claim is referred to as “reasonable
likelihood. The asylum case worker is guided in
this by the published Asylum Policy Instructions
(API). The API on Assessing the Claim states:
“The decision maker will seldom be able to say
with certainty whether or not an applicant will be
persecuted if returned to their country of origin.
The appropriate test for a decision maker to apply
is to consider whether, at the date when they are
making their decision, there is a reasonable
degree of likelihood of the applicant being
persecuted in their country of origin. The courts
have said that a “reasonable degree of likelihood
has the same meaning as the term “real risk”,
which is the test used by decision makers when
assessing whether an applicant will be subjected
on return to treatment which violates Article 3 of
the European Convention on Human Rights. This
does not require the decision maker to be satisfied
on the balance of probabilities that the applicant is
more likely than not to suffer persecution for a
Convention reason in their country of origin.
Where the objective country evidence, applied to
the applicants case, suggests that there is a
continuing reasonable likelihood that the applicant
A!HRC/7/3/Add. 1
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would face persecution in their country of origin,
the applicant should normally be granted refugee
status. Decision makers should bear in mind that
however well-founded an applicants
original/historic reasons for fleeing their country of
origin, they are only entitled to a grant of asylum
where at the date of decision they continue to
have a well-founded fear of persecution for a
Convention reason. However, if an applicant has
already been subjected to, or threatened with,
persecution or serious harm, this could be a
serious indication that persecution or harm might
happen again. The Government also underlined
that, in order to maintain the integrity of the
asylum system and to deter unfounded
applications it is important that it is able to enforce
the return of those who are found not to be
genuinely in need of international protection and
who have no right to remain in the United
Kingdom. It only enforces the return of those it is
satisfied were not in need of protection, and the
UK would not seek to enforce the return of Mr.
Koimon to Cameroon unless it is satisfied it was
safe to do so. The rationality of this decision has
been confirmed by the independent Asylum and
Immigration Tribunal. As with returns to all
countries, the Home Office does not actively
monitor the treatment of individual Cameroonian
nation ale once they have been removed from the
United Kingdom. Had it been considered that an
individual was likely to suffer persecution on his
return then he would not be removed. It would
generally be inappropriate and impractical for the
A!HRC/7/3/Add. 1
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Omar Mahmoud Mohammed Othman (also
known as Abu Qatada), a Jordanian national. He
is at risk of being forcibly returned to Jordan. This
follows the decision on 26 February 2007 by the
Special Immigration Appeals Commission (SIAC)
to dismiss his appeal against his deportation, on
“national security” grounds. He is expected to be
transferred to Jordan in accordance with the
August 2005 memorandum signed by the UK
Government. Home Secretary Reid stated: “We
welcome the decision of the Special Immigration
Appeals Commission that Mr. Abu Qatada
presents a threat to our national security and can
be deported. We are also pleased that the court
has recognised the value of Memoranda of
Understanding. It is our firm belief that these
agreements strike the right balance between
allowina us to deDort individuals who threaten the
United Kingdom to actively monitor individual
citizens of another country once they return there.
It is necessary to take a pragmatic approach, but
one that certainly should not be interpreted as
disinterest. The Foreign and Commonwealth
Office follows the human rights situation through
its network of posts around the world, including in
Cameroon. It will pass to the Home Office any
allegations that returnees have been mistreated,
and where appropriate may be asked to make
discreet enquiries, often through NGO5 or other
third parties. Such information will always be
taken fully into accourt as a factor in the
formulation of asylum policies and hence in the
decision whether it is safe to return an individual .
By letter dated 10/05/07, the Government replied
that its position on torture was clear: it rejects all
forms of torture absolutely and without exception,
wherever and by whomever it is committed. It
works hard with our international partners to
eradicate this abhorrent practice and abides
strictly by its human rights obligations under
international law. On 11 August 2005, the Home
Office notified Mr. Othman that it intended to
deport him to Jordan. Mr.Othman was entitled to
appeal against this decision and he did so. His
appeal was heard before the Special Immigration
Appeals Commission (SIAC) (an independent
Court in the UK) in May 2006. SIAC considered all
the written and oral evidence on national security
and on Mr. 0th mans safety on return to Jordan,
and ruled on 26 February 2007 that he presents a
threat to the national security of the UK. and
243.
04/04/07
UA
TOR
A!HRC/7/3/Add. 1
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security of this country and safeguarding the
rights of these individuals on their return. I am
very pleased that the court has confirmed this and
that this procedure will enable us to meet our
international obligations.” Article 3 of the
Convention against Torture provides that no State
party shall expel, return (refouler), or extradite a
person to another State where there are
substantial grounds for believing that the person
would be in danger of being subjected to torture.
In this regard, paragraph 9 of General Comment
20 on the prohibition of torture and other cruel,
inhuman or degrading treatment or punishment, in
which the Human Rights Committee, states that
State parties “must not expose individuals to the
danger of torture or cruel, inhuman or degrading
treatment or punishment upon return to another
country by way of extradition, expulsion or
refoulement.” Furthermore, paragraph 5 of the
Resolution 2005/39 of the Commission on Human
Rights urges States not to expel, return (refouler),
extradite or in any other way transfer a person to
another State where there are substantial grounds
for believing that the person would be in danger of
being subjected to torture. In the Special
Rapporteur's report of his mission to Jordan
(A/HRC/4/33/Add.3), he concluded that in the
General Intelligence Directorate, which is the pre-
eminent institution entrusted with counter-
terrorism activities in Jordan, torture is routinely
practiced. Moreover, with reference to previously
transmitted communications
(E/CN.4/2006/6/Add.1, para. 518), he reiterated
importantly, that it would be safe to return him to
Jordan. The evidence that the Court considered
included the Special Rapporteur's report on his
mission to Jordan. In a lengthy and considered
judgment, the Commission explained how it
reached its conclusion. SIAC noted that safety of
return of an Individual depends on all the
circumstances relating to him, which is a
conclusion that the European Court of Human
Rights (ECtHR) and SIAC have also reached in
various other cases (see the Othman vs Secretary
of State judgment by SIAC considering this point
of principle). The circumstances relevant to Mr.
Othmans case are his profile in Jordan and the
significant media interest in any story surrounding
him; that he will benefit from assurances in the
Memorandum of Understanding (MOU); and that
there will be independent monitoring of the
conditions under which he is detained in Jordan
(these circumstances are outlined further below).
The Commissions conclusion was therefore that,
notwithstanding the evidence on the conditions of
detention by the General Intelligence Directorate
(GID), Mr. Othman would be safe on return. The
UK is not ignoring its obligations, but vigilantly
observing them, and an independent court has
found that deportation would be consistent with
international obligations because of Mr. Othmans
particular circumstances. Mr. Othman is appealing
this judgment to the Court of Appeal. Once
domestic remedies have been exhausted,
Mr.Othman will also have the opportunity to bring
a case before the ECtHR. At no stage during
A!HRC/7/3/Add. 1
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that such memoranda of understanding do not
provide any additional protection to deportees.
They do not relieve the Government of its
obligation to respect the principle of non-
refoulement under article 3 of the Convention
against Torture.
these proceedings will Mr.Othman be deported
until his case has been finally determined by the
courts. The British Governments priority is to
protect public safety and national security. The
British Govemment does not believe that foreign
nationals who pose a threat to national security
should be allowed to remain in the UK if they face
no real risk of torture or other cruel, inhuman or
degrading treatment in their country of nationality.
In its judgement, SIAC ruled that: “the national
security basis for deportation is well proved. There
is no evidence that Abu Qatadas views have
moderated nor his desire to propagate them. His
Control Order did not remove the threat he poses.
His deportation would further reduce the risk and
remove his presence as an adviser and preacher
in this country, making the lives and well being of
those resident here safer.” The British
Govemment signed an MOU on Deportation with
Assurances (DWA) with the Hashemite Kingdom
of Jordan on 10 August 2005. The MOU provides
for assurances between the two govemments that
anyone returned under the MOU will not be
mistreated or suffer inhuman or degrading
treatment. The MOU also provides for a
monitoring mechanism for those returned.
SIAC found no justification for comments from
some NGO5 that the UK Governments efforts to
negotiate and rely on MOU5 are an attempt to
evade the UKs international obligations. In
addition, SIAC noted that, according to the
jurisprudence of the ECtHR, reliance can lawfully
be placed on diplomatic assurances; the weight to
A!HRC/7/3/Add. 1
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be given to them depends upon the circumstances
of each case. The UK Government will not remove
someone where there is a real risk of torture, even
where assurances have been given.
Arrangements for independent monitoring provide
an additional layer of protection. The UK is
providing training to support the bodies appointed
in respect of the MOU agreed to date, including in
Jordan, and is also working on human rights
capacity building more generally. The UK
Government acknowledges that SIAC also
concluded that torture does take place in Jordan
within the GID. However, SIAC also concluded
that the fact that the MOU had been accepted at a
high level, and that the GID had been involved in
negotiations at a high level, meant that the GID
would not ignore the MOU. Mr. Othman has been
convicted in absentia by the Jordanian courts on
two charges, and will be retried should he return
to Jordan. SIACs view was that there was no real
risk that Mr.Othmans Article 3 ECHR rights would
be breached in the period up to the conclusion of
a retrial. SIAC also took the view that, regardless
of the MOU, Mr. Othmans return and subsequent
treatment would be a matter of intense local and
international media interest and scrutiny. If he
were to be tortured or ill-treated, there would
probably be a considerable outcry in Jordan,
regardless of the MOU. SIAC concluded that the
existence of the MOU and the monitoring.
arrangements significantly reinforced the
conclusion that there would be no real risk of ill-
treatment. The Government also noted the report
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Ms. Samar Hoseyn Razavi, a 30 year-old Iranian
national, who is currently detained at an
immigration removal centre near Heathrow airport,
London. She is at risk of imminent forcible return
to Iran following the failure of her asylum
application. Ms. Razavi converted from Islam to
Christianity before leaving Iran, and claims that
she is the subject of a death warrant for apostasy
in her home country. According to verdict no.
96/1 9/1 81 of the Iranian Islamic Revolutionary
Court no. 19, confirmed by case no. 1296 of the
Judiciary High Constitutional Court, she is an
apostate who deserves to be stoned to death. At
the most recent Court of Appeal hearing on 17
May 2007, the Lord Justices found that Ms.
Razavi's case did not reach the threshold of being
at a real risk of persecution on return to the
Islamic ReDublic of Iran and dismissed her
of the Special Rapporteur's mission to Jordan in
June 2006 and its content which was also
considered by SIAC in reaching its conclusion.
The visit took place at the invitation of the
Jordanian Government. A Jordanian spokesman
said on 29 June 2006 that Jordan will “carefully
examine and seriously look into every allegation
made. We also note that the Al-Jafr Prison,
mentioned in your report as a place where
beatings were “routinely practiced, was
subsequently closed by the Jordanian
Government in December 2006. The UK
Government continues to work with the
Government of Jordan to support improvements in
the human riqhts situation in Jordan.
244.
19/07/07
JUA
WGAD;
RINT; TOR
A!HRC/7/3/Add. 1
page 287
Palanivelautham Pathmanathan, aged 27, and
Ratnasingam Suthakaran, aged 29, both ethnic
Tamils from Sri Lanka. They are scheduled to be
returned to Sri Lanka at 2.25 p.m. from Heathrow
airport on 9 August 2007, despite credible reports
that the current situation in Sri Lanka is
characterised by wide-spread torture, killings and
disappearances, in particular vis-a-vis Tamils.
By letter dated 11 October 2007, the Government
replied that, Mr. Palanivelauthan Path mananthan
claimed to have entered the UK illegally on 20
April 1997. He claimed asylum on 28 April 1997.
He was initially not interviewed about his claim on
account of his being a minor. His asylum claim
was refused on 28 November 2001, the decision
being served on him on 3 January 2002. He
appealed against this decision. A supplementary
refusal letter containing a human rights
consideration was served on him 27 June 2002.
His appeal was dismissed by an independent
immigration Adjudicator on 27 June 2003. The
Adjudicator did not find Mr. Pathmaanthan's
account at all credible and did not accept that he
was of an adverse interest to the Sri Lankan
authorities. He accepted that Mr. Pathmananthan
had been compelled to work for the LTTE for a
month but on his release there was no further
interest in him. The Adjudicator did not accept that
Mr. Pathmananthan had been tortured. Whereas
he had claimed that the Sri Lankan authorities had
broken his arm with iron bars and that he had
treated this most serious and painful injury himself
with cream supplied by the agent rather than seek
professional medical help even after his arrival in
the UK. This account was simply not believed. His
application for permission to appeal to the
Tribunal was refused on 25 August 2003 and he
had exhausted all available avenues of aDDeal on
245.
09/08/07
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appeal. On 21 May 2007, the Islamic
Revolutionary Court no. 9 declared its verdict to
be enforceable within ten days.
TOR
A!HRC/7/3/Add. 1
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18 September2003. On 7 August 2006 his
solicitors made a purported fresh application for
asylum on Mr. Pathmananthan's behalf. This was
treated as further representations and rejected on
4 July 2007. His return to Sri Lanka was set for 11
July 2007, but was deferred by his solicitors
making an application to the High Court of Justice
for permission to apply for a judicial review of the
decision to remove him from the UK. That
application was rejected by the High Court on 24
July 2007 as being entirely without merit and the
judge directed that renewal of the application
should not be a bar to removal. Mr.
Path mananthan's removal was reset for 9 August
2007, but he refused to board the aircraft and
became so disruptive that the aircraft's crew
refused to take him. He will be returned to Sri
Lanka under escort. Mr. Ratnasingham
Suthakaran arrived in the UK at Dover on 6
November 1999, without documents, and claimed
asylum. His application for asylum was refused on
5 July 2004 and his appeal was dismissed on 16
December 2004. The Adjudicator made adverse
findings on his credibility. At his appeal Mr.
Suthakaran produced a medical diagnosis
document, which stated he had symptoms of
suffering from reactive depression, and which he
claimed was proof that he needed medical care
after being ill-treated by the Sri Lankan army. On
the sole basis that the authenticity of that
document had not been challenged the
Adjudicator found that there was a reasonable
likelihood that Mr. Suthakaran had on one
A!HRC/7/3/Add. 1
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occasion been detained by the army and tortured
but that he had been released without further
interest and that there was no connection with the
LTTE. Mr. Suthakaran's application for permission
to appeal to the Asylum and Immigration Tribunal
was refused on 14 March 2005. He exhausted all
available avenues of appeal on 13 April 2005.
Since then his solicitors have made a series of
purported fresh asylum claims on his behalf, all of
which have been rejected. On 14 June 2006 his
solicitors lodged an application in the High Court
for permission to apply for judicial review of the
rejection of Mr. Suthakaran's third purported fresh
asylum claim, which was refused by the Court as
being wholly without merit on 11 October 2006. An
oral hearing set for 16 February 2007 was
adjourned after the solicitors lodged a
considerable quantity of what was said to be fresh
material. The application was rejected at an oral
hearing on 11 June 2007. On 28 June 2007 he
made further submissions which were rejected on
12 July 2007. Removal directions in place for 13
July 2007 were deferred when his solicitors made
another application for permission to apply for
judicial review, which was refused on 31 July
2007. Removal was set for 3 August 2007, but Mr.
Suthakaran became disruptive on board the
aircraft and the airline removed him from the flight.
Mr. Suthakaran was removed to Sri Lanka, under
escort, on 9 August. As with returns to all
countries, the Home Office does not actively
monitor the treatment of individual Sri Lankan
nationals once they have been removed from the
A!HRC/7/3/Add. 1
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Shayikeetha Manivasagam, a 24-year-old a Sri
Lankan national of Tamil ethnicity. She is currently
detained at Yarl's Wood detention centre near
Bedford, and is at risk of removal to Sri Lanka on
Monday, 1 October 2007. Between April 2000
and April 2007, she was tortured by the security
forces for her alleged support for the LTTE. She
suffered beatings, sexual assault and was
threatened with death. Within the same period,
she was also forced into providing assistance to
LTTE activities, such as working in a LTTE-run
hospital and collecting food. She fled Sri Lanka for
the United Kingdom on 22 April 2007. Concern
has been exDressed that Ms. Shavikeetha
UK: Had it been considered that an individual was
likely to suffer persecution on his return, then he
would not have been removed. It would generally
be inappropriate and impractical for the UK to
actively monitor individual citizens of another
country once they return there. It is necessary to
take a pragmatic approach, but one that certainly
should not be interpreted as disinterest. The
Foreign and Commonwealth Office follows the
human rights situation through its network of posts
around the world, including Sri Lanka. It will pass
to the Home Office any allegations that returnees
have been mistreated, and where appropriate may
be asked to make discreet enquiries, often
through NGO5 or other third parties. Such
information will always be taken fully into account
as a factor in the formulation of asylum policies
and hence in the decision whether it is safe to
return an individual.
246.
28/09/07
JUA
TOR; VAW
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Manivasagam may be at risk of torture or ill-
treatment at the hands of the Sri Lankan security
forces upon return. She may further be at risk of
being abducted and extra-judicially killed by the
LTTE for refusing to continue supporting them.
247. 20/11/07 JUA WGAD; Jahongir Sidikov, a 27 year-old Uzbek citizen of
TOR Zangiatin district of the Tashkent province,
currently residing in London. He requested asylum
in the United Kingdom, and his deportation is
scheduled for 21 November 2007 and tickets have
already been purchased in his name. The report
of the Special Rapporteur on torture's visit to
Uzbekistan (E/CN .4/2003/68/Add .2) stated that
“torture or similar ill-treatment is systematic as
defined by the Committee against Torture [ and
that] torture and other forms of ill-treatment
appear to be used indiscriminately against
persons charged for activities qualified as serious
crimes such as acts against State interests, as
well as petty criminals and others.” Mr. Sidikov
entered the United Kingdom on a student visa in
September 1999. He is a member of the Uzbek
opposition Democratic Party (ERK). During his
stay in the United Kingdom he became the co-
organiserofa demonstration in memory of the
victims of Andijan incident on 13 May 2006 near
the office of the Prime Minister of the United
Kingdom. This demonstration was recorded on
video by representatives of the embassy of
Uzbekistan in the United Kingdom. Mr. Sidikov
can also be seen on the footage. His relatives
have reported that law enforcement authorities
summoned the neiahbours of Mr. Sidikov for
A!HRC/7/3/Add. 1
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Organization of secret transfers of terrorist
suspects by the United States European
Command (EUCOM) headquarters, Stuttgart-
Vaihingen. EUCOM played a central role in the
secret transfer of six suspected terrorists to
Guantanamo Bay, Cuba. EUCOM organized from
Germany the abduction of six prisoners of
Algerian origin, namely Bensayah Belkacem,
Hadj Boudellaa, Saber Lahmar, Mustafa Ait
Idir, Boumediene Lakhdar and Mohamed
Nechie, from Tuzla, Bosnia and Herzegovina to
Incirlik, Turkey in January 2002. From there they
were flown to Guantanamo Bay, Cuba, where they
continue to be detained without charges. On 17
January 2002, the investigative judge of the
Supreme Court of the Federation of Bosnia and
Herzegovina issued a decision terminating the
applicants' pre-trial detention on the grounds that
there were no further reasons or circumstances
upon which pre-trial detention could be ordered.
Furthermore, the Human Rights Chamber for
Bosnia and Herzegovina, in its decision of 11
October 2002, concluded that the hand-over of
the six individuals to the U.S. authorities was in
violation of a number of provisions of the
European Convention of Human Rights and
Fundamental Freedoms (ECHR), including article
5 (para. 1) and article 6 (para.2) and also article 1
of Protocol No. 6 to the ECHR.
248.
United States
of America
18/12/06
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questioning in Uzbekistan. During the meeting
they were asked to identify Mr. Sidikov on the
video footage.
TERR;
TOR
249.
01/05/07
JAL
HLTH;
Sanad Ali Yislam al-Kazimi, a 37-year-old
A!HRC/7/3/Add. 1
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TOR; Yemeni national, detained at the U.S. Naval Base
in Guantanamo Bay, Cuba. In early January 2003,
he was arrested in Dubai, United Arab Emirates.
He was held for eight months and 16 days. For
the first two months, he was held in an unknown
location in or near Dubai. Thereafter, he was
transferred to a location about a two-hour car
drive away, believed to be the State Security
facility in the vicinity of Dubai Airport. Here he was
held for approximately six months before being
transferred to United States of America military
custody in Afghanistan, despite being told that he
was being returned to Yemen. While in detention
in Dubai, he was subject to: spatial disorientation,
where his eyes and ears were covered, and a
black bag covered his head; temporal
disorientation by being held in complete darkness
with no indication of the time of day; beatings with
fists; extreme climate conditions due to frigid and
excessive air conditioning; was kept naked for 22
days, sometimes shackled; subject to simulated
drowning, where black goggles were placed over
his eyes, his arms and legs were tied together
then lifted by a machine into a pool of cold water,
held underwater and then pulled out; he was
threatened with rape; his genitals and buttocks
were fondled by his captors; and he was regularly
insulted. On or about l6to l8August 2003, he
was transferred to the custody of United States
forces and taken to Kabul, Afghanistan. He was
held in the “Prison of Darkness” (also known as
the Dark Prison) for nine months. He stated that
the worst treatment he has experienced since his
A!HRC/7/3/Add. 1
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capture occurred in this prison. He suffered
severe physical and psychological torture by
Jordanian interrogators, who were supervised by
U.S. personnel. It is reported that the torture was
so extreme, going beyond the methods described
above, that it prompted Mr. Al-Kazimi to attempt
suicide three times by striking his head against
the cell wall. As a result he sustained large visible
scars on his scalp. Among other things, he was
suspended with his arms above his head and
beaten with electrical cables. On or about 16 May
2004, he was transferred to Bagram, where he
was held in U.S. custody for four months, and
where he was tortured in a manner similar to that
in the Prison of Darkness. On or about 18
September 2004, he was transferred to
Guantanamo Bay, Cuba, where he is currently
detained. On the evening of 14 January 2007, it is
reported that Mr. Al-Kazimi was “IRF'ed” (the
acronym for beating given by Initial Reaction
Force team — used to subdue prisoners and deal
with discipline issues). While he was using the
toilet in his cell, he covered his lower body with a
blanket, a common and accepted practice at
Guantanamo. On this evening, two guards, one
female and one male, ordered him to remove the
blanket that was covering his lower body. Not
wanting to expose himself to a female, Mr. Al-
Kazimi refused. The IRF team was then
summoned. It arrived in full riot gear, bunched
together behind a large plastic shield, marching in
formation, and stomping and chanting loudly.
They marched into the cell and piled on top of him
A!HRC/7/3/Add. 1
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to secure his arms and legs and hold his head
down. Mr. Al-Kazimi did not resist. He was
punched, kicked, and otherwise beaten by the IRF
team who used their shield, fists, elbows, knees,
and boots on his face, neck, arms, torso, and
back. He sustained multiple bruises on face, neck,
arms, and torso, severe swelling in face and neck
associated with the bruising, pain and soreness in
his joints and muscles, and a painful headache.
Two military officers (not doctors) took Mr. Al-
Kazimi's blood pressure on the morning of 15
January 2007. He continues to suffer
psychological trauma, inability/unwillingness to
discuss details of treatment/torture, has attempted
suicide, fears reprisals and continued abuse, and
finds himself talking to himself on a regular basis.
Mr. Al-Kazimi suffers from chronic constipation,
hemorrhoids, and blood in his feces since his
detention in the Prison of Darkness. He attributes
this to his torture and abuse there as well as
currently receiving a diet that is low in fiber (which
he believes exacerbates his condition). Fahd
Muhammed Abdullah Al-Fawzan, a 24-year-old
a Saudi national, detained at the U.S. Naval Base
in Guantanamo Bay, Cuba. He was apprehended
between October and December 2001 by
Pakistani tribesmen who turned him over to the
Pakistani military. He was interrogated by
Pakistani military, transferred to U.S. military
custody shortly thereafter in Kohat, Pakistan, and
then transferred to Kandahar, Afghanistan, where
he was held for two months. In detention he
reports that unidentified U.S. officials threatened
A!HRC/7/3/Add. 1
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him with firearms, strangled him with wires, and
shocked him with electricity. In early 2002, he was
transferred to Guantanamo Bay, Cuba, where he
is currently detained. While in Guantanamo he
reports that he suffered severe abuse and torture
in the course of over 20 interrogations which were
carried out during his first three years' of
imprisonment. Mr. Al-Fawzan reports that
interrogators focused on groups often prisoners
at a time for two-month periods. He no longer
actively participates during interrogations and
consequently U.S. personnel rarely interrogate
him. Among the abuse he was subjected to:
coffee, water and disinfectant were sprayed on
him; interrogators flicked their cigarette ashes on
him; his genitals and buttocks were fondled and
groped by female interrogators; was forced to
watch simulated sex acts between soldiers;
interrogators would offer him sex with women to
entice him to speak; was subjected to loud music
and strobe lights for long periods of time meant to
disturb sleep and concentration; was subdued
with pepper spray; and frightened and intimidated
by the use of dogs. He was subjected to simulated
drowning, where interrogators would put a hose to
his mouth and nose and then turn the water flow
on full. One interrogator would hold Mr. Al-
Fawzan's mouth open by grabbing the tender part
of the jaw while other soldiers would pin him to the
ground. The hose would then be turned on full
and left on for approximately ten seconds. The
interrogators would then spray him with cold water
from the hose before repeating the process again.
A!HRC/7/3/Add. 1
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Further, he received beatings from six-person
Initial Reaction Force (“IRF”) teams during
interrogations. The IRF team would pile up on Mr.
Al-Fawzan with their plastic shields, pin down his
arms and legs and beat him with their fists and
feet.lt is reported that since the detainees were
arrested, they were tortured for purposes of
intimidation, coercion to extract information, and
punishment (i.e. “IRFing”) for not complying with
demands by U.S. personnel. It is reported that
prisoners at Guantanamo routinely refuse to ask
for medical treatment due to a fear that treatment
will be withheld, or that knowledge of their medical
condition by interrogators will be exacerbated
during interrogations. Likewise, they refused
medical treatment. Mr. Al-Kazimi was allowed to
call his wife once and with his own cell phone
during his imprisonment at the UAE state security
headquarters. He was told to act as if everything
was normal. Mr. Al-Kazimi was not permitted to
see a lawyer, relatives, or friends before his
transfer to Guantanamo Bay. He has not seen
any member of his family since his arrest in early
2003. Mr. Al-Fawzan has not seen any member of
his family since his departure forAfghanistan in
October 2001. His family only become aware of
his imprisonment nearly two years after his
capture and could only confirm it from
photographs of Guantanamo Bay prisoners
posted on the Internet. At Guantanamo, the
detainees' lawyers have visited them five times:
July 2006, September 2006, November 2006,
January 2007, and March, 2007.
A!HRC/7/3/Add. 1
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Sameh Sami Khouzam, aged 37, an Egyptian
national, currently detained in York County Prison,
Pennsylvania. He is at imminent risk of forcible
return to Egypt. He arrived from Egypt at John F.
Kennedy Airport on 11 February 1998, where he
applied for asylum. Wanted on a murder charge
in Egypt, he was taken into custody upon his
arrival. On 24 February 2004, a review of the
decision of removal by the Board of Immigration
Appeals by the 2nd Circuit Court of Appeals
granted him relief from removal under the
Convention Against Torture. The Court found that
there was a substantial likelihood that he would be
tortured if returned to Egypt. On 6 February 2006,
the United States District Court for the District of
New Jersey granted a petition for habeas corpus,
and ordered his release from detention, subject to
monthly reporting to the Department of Homeland
Security. On 29 May 2007, he was detained
when he appeared for his monthly appointment.
He was informed that diplomatic assurances had
been received from the Government of Egypt on
24 January 2007. The assurances were sufficient
to ensure that he could be removed without any
danger of torture upon his return. The Secretary of
the Department of Homeland Security was
thereby revoking the deferral of his removal.
By letter dated 3/07/07 the Government replied
that Mr. Khouzam arrived in the United States on
11 February 1998 and was denied admission
because the U.S. Department of State had
cancelled his non-immigrant visa while he was en
route to New York after the Government of Egypt
notified the U.S. Embassy in Cairo that Mr.
Khouzam was suspected of committing the brutal
murder of Ms. Hekmat Zaki Mohammend Youssef
just hours before leaving Egypt. U.S. immigration
laws allow inadmissible aliens to pursue certain
forms of relief and protection from removal. Mr.
Khouzam has been afforded a full and fair
opportunity to do so. Among these safeguards is
protection based on regulations that implement
U.S. obligations under Article 3 of the UN
Convention Against Torture, under which the
United States has agreed not to remove a person
from the United States to a country in which it is
more likely than not that the person would be
tortured. The U.S. Court of Appeals for the
Second Circuit, in a decision published on 24
Feburary 2004, upheld a Board of Immigration
Appeals (BIA) decicion finding Mr. Khouzam
removable from the U.S., but granting him a
deferral of removal to Egypt on the basis that it
would be more likely than not that he would be
tortured there, in that same 2004 opinion, based
on credible evidence, the court of appeals also
upheld a BIA finding that there are serious
reasons to believe that Mr. Khouzam murdered
Ms. Youssef. Pursuant to regulatory procedures
that implement U.S. obligations under the
250.
01/06/07
JUA
WGAD;
MIG; TOR
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A!HRC/7/3/Add. 1
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Convention Against Torture (CAT) in the
immigration context, the U.S. Department of State
engaged in discussions and other
communications with the Government of Egypt
concerning the treatment that Mr. Khouzam would
receive if he were removed to that country, in the
course of these classified diplomatic
communication, the Government of Egypt
provided formal written assurances to the United
States Government that Mr. Khouzam will not be
tortured if he is removed to Egypt. The United
States does not agree with the non-binding
opinion of the Human Rights Committee that
Article 7 of the ICCPR creates a non-refoulement
obligation on States Parties, not does it share the
view that diplomatic assurances are never reliable
or effective in protecting against torture. At the
same time, the United States does not believe that
diplomatic assurances are appropriate in every
case or that they would serve as a substitute for a
case-by-case analysis of whether U.S. obligations
under Article 3 of the CAT would be met. As the
U.S. has previously explained, including when it
appeared before the Committee Against Torture in
May 2006, the U.S. employs properly tailored
diplomatic assurances from foreign governments
related to torture in appropriate cases. After
careful review, the Department of State
determined and formally conveyed its view to the
Department of Homeland Security that the
assurances received from the Government of
Egypt regarding the treatment of Mr. Khouzam
were of sufficient reliability to enable the Secretary
A!HRC/7/3/Add. 1
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of Homelend Security to conclude that if Mr.
Khouzam were removed to Egpyt with these
assurances, it would not be more likely than not
that he would be tortured. In evaluating the
credibility of assurances of this nature, the U.S.
Government considers, among other relevant
information, information concerning the judicial
and penal conditions and practices of the country
providing assurances; political and legal
developments in the country providing the
assurances, the identiy and position of the official
relaying the assurances and the ability of that
person to speak on behalf of that government; and
U.S. diplomatic relations with the country
providing the assurances. In this case, the
Department of Homeland Security agreed with the
Department of State's assessment and concluded
that the assurances were sufficiently reliable to
permit Mr. Khouzam's removal to Egypt. The
Secretary of Homeland Security thereby
terminated his deferral of removal. Mr. Khouzam,
who had been released with monitoring, was
retaken into custody by the Department of
Homeland Security on 29 May 2007 for the
purpose of effecting his removal to Egypt. Mr.
Khouzam challenged the U.S. Government's
actions by means of a federal court litigation in
both the U.S. Court of Appeals for the Second
Circuit and the U.S. District Court for the Middle
District of Pennsylvania. On 15 June 2007,
Federal District Court Judge ruled to grant Mr.
Khouzam a hearing on the question of whether
the may be lawfully removed to Egypt to face trial
A!HRC/7/3/Add. 1
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for murder. The court further ordered that Mr.
Khouzam not be returned to Egypt pending the
conclusion of the case.
251.
25/06/07
UA
TOR
Abdul Raouf Omar Mohammed Abu al-
Qassim, aged 42, Libyan national, currently
detained at Guantanamo Bay. He was arrested in
late 2001 or early 2002 in Pakistan and soon after
transferred to Guantanamo Bay, where he has
been in detention ever since without charge or
trial. He is accused of being associated with the
Libyan Islamic Fighting Group (LIFG), an
unauthorized opposition group. He is at imminent
risk of being deported to Libya.
252.
27/06/07
UA
TOR
Abdullah Bin Omar al-Hajji and Lutfi Ben Swei
Lagha, both Tunisian nationals. On 17 June 2007,
they were returned to Tunisia from the United
States Naval Station in Guantanamo Bay. Mr. Al-
Hajji is currently being held in Mornaguia Prison,
outside Tunis, where he has been subjected to ill-
treatment and threats, e.g. that his wife and
daughters would be raped. Under pressure he
confessed. In 1989 Mr. Al Hajji had left Tunisia
for Pakistan because of religious persecution. In
1992, Mr. Al Hajji was convicted in absentia and
sentenced to 23 years of imprisonment as part of
mass trials of Islamists accused of plotting against
the Government of Tunisia. These trials were
widely criticized as not conforming to international
fair trial standards. Mr. Lutfi Lagha had been
detained at Guantanamo Bay for over five years
without any access to a lawyer. He is currently
held at an unknown place of detention in Tunisia
presumably pending criminal charges for his
A!HRC/7/3/Add. 1
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alleged conduct in Afghanistan.
253.
13/08/07
UA
TOR
Ahmed Belbacha, an Algerian national and
former resident of the United Kingdom. He has
spent more than five years in detention at
Guantanamo without charge or trial. Mr. Belbacha
was to be deported from Guantanamo Bay to
Algeria on 6 August 2007, but the transfer has
been delayed for an unspecified period. He
previously lived in the UK, applying for asylum on
the grounds that in Algeria he faced persecution
by both the government and an armed opposition
group.
254.
24/08/07
JUA
FRDX;
HLTH;
TOR
Samil al-Haj, a Sudanese cameraman who
worked for Al-Jazeera and who has been detained
in Guantanamo since June 2002. Samil Al-Haj
was arrested by Pakistani security forces at the
Afghan border in December 2001 and transferred
to Guantanamo Bay in June 2002, where he has
remained in detention ever since. Mr. Al-Haj
began a hunger strike in December 2006 to
protest against his detention. According to his
lawyer, he has already lost 18 kilograms and is
suffering from intestinal problems. It is alleged that
Mr. Al-Haj's hunger strike has been followed by
reprisals from medical and military personnel,
including punishment by placing him in more
painful chains. It is also reported that he was
force-fed. Medical personnel have inflicted
injuries on Mr. Al-Haj and other detainees on
hunger strike by using large-diameter tubes or by
inserting them into the lungs rather than the
stomach. Four prisoners have died since June
2006 as a result of hunger-strikes and force-
A!HRC/7/3/Add. 1
page 303
By letter dated 14/08/07, the Government replied
that from 2002 through July 2006, allegations of
physical abuse at Areas 2 and 3 of the Chicago
Police Headquarters were investigated by an
independent Special Prosecutor appointed by the
Chief Judge of the Criminal Division of the Circuit
Court of Cook County. The Special Prosecutor
assembled a team of attorneys and investigators
to assist him in the on-going investigation of the
approximately 150 allegations of abuse. After an
exhaustive and independent inquiry, the Special
Prosecutor presented his report on 19 July 2006.
The report concluded that only three of the 150
cases presented credible allegations that would
support indictment of a handful of police officers.
Therefore, the United States respectfully posits
that the statement that 135 African American men
were abused is not correct. The three cases
identified by the Special Prosecutor as rising to
the level of potential indictment involved
complainants Phillip Adkins, Alfonso Pinex and
Andrew Wilson. The specific forms of alleged
abuse identified by the Special Rapporteur are
also not fully supported by the factual record.
Neither Phillip Adkins nor Alfonso Pinex alleged
the types of physical abuse identified in the
Special Rapporteur's letter. The Special
RaDDorteur's letter identifies 68 persons who have
255.
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feeding. According to reports, the mental condition
of Mr.Samil Al-Haj has deteriorated and he
exhibits signs of anxiety and paranoia attacks. At
present, no charges have been brought against
Mr. Al-Haj.
Follow-up
to past
cases
135 African American men (A/HRC/4/33/Add.1,
para. 321).
A!HRC/7/3/Add. 1
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allegedly been accused of abuse. A number of
police officers are the subject of allegations of
misconduct involving citizens, many of which are
found to be not sustained or unfounded. Not all of
the individuals identified have had allegations of
torture made against them. We would like to note
that investigator Michael Goldston's report from
1990, which the Special Rapporteur refers to, was
found to be unreliable and methodologically
unsound by the Police Foundation (a private
independent organization that works to improve
American policing and enhance the capacity of the
criminal justice system to function effectively). Mr.
Goldston did not interview any complainants,
police officers or witnesses to allegations of abuse
during his investigation, but simply reviewed old
records, many of which were previously not
sustained by the Office of Professional Standards
(OPS) investigator who actually interviewed the
individuals. (The OPS is an all-citizen
investigatory force employed by the City of
Chicago since the 1970s that investigates any and
all complaints of physical abuse by Chicago police
officers. The Special Rapporteur notes that the
City of Chicago suspended a commander and
instituted formal disciplinary hearings before the
Police Board resulting in his separation from the
Chicago Police Department in 1993. Two former
detectives were also alleged to have been
involved in the abuse of Andrew Wilson. The
Police Board recommended discipline against
them, but its findings were ultimately overturned
on appeal to the Circuit Court of Cook County.
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The letter is also correct in asserting that Dr. John
Raba of Cermak Health Services at the Cook
County Jail requested that the then-
Superintendent of the Chicago Police Deparment
investigat the allegations of abuse made by
Andrew Wilson. The letter fails to mention that a
complaint register investigation was opened by
OPS with respect to Andrew Wilson, but it was
closed in 1985 and found to be not sustained
based on Andrew Wilson's unwillingness to
cooperate with OPS. Dr. Raba's letter was
forwarded to the former State Attorney and action
was taken. The letter was provided to the head of
the Special Prosecutions Unit of the Cook County
State's Attorney's office with the specific
responsibility to investigate allegations of
misconduct by the Chicago police officers. Dr.
Raba's letter was also forwarded to the Assistant
State's Attorney who prosecuted Andrew Wilson.
As he did with OPS, Andrew Wilson refused to
cooperate with the Special Prosecutions Unit of
the Cook County State's Attorney's office. The
U.S. Department of Justice currently has the
matter open and is reviewing the Special
Prosecutor's report and will review any additional
information regarding the mistreatment of persons
by those who are acting under the color of law.
There are several pending civil suits in the U.S.
District Court for the Notrthern District of Illinois
arising from allegations of physical abuse at Area
2. Those cases include Madison Hebley v. Burge
et al., 03 C 3678, Aaron Patterson v. Burge et al.,
03 C 4433, Stanley Howard v. City et al., 03 C
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8481, Leroy Orange v. Burge et al., 04 C 168, and
Darrel Cannon v. Burge et al., 05 C 2192. As
stated above, in the three cases the Special
Prosecutor found to support an indictment, he also
found that prosecution of the officers in these
three cases is barred by the statute of limitations.
The Illinois statute of limitations bars initiating
prosecution of felonies more than three years after
the commission of the crime. Thus no offenses
alleged to have been committed by police officers
under the command of the above commander can
be prosecuted. The investigation of the
commander by the Civil Rights Section of the U.S.
Department of Justice was closed as of December
2001 because of the statute of limitations. The
case of Shadeed Mumin and the case of Andrew
Wilson were reopened by the Department of
Justice, and on 18 May 1993 prosecution was
again declined because of the statute of
limitations. The UN Committee Against Torture
has called upon some States Parties to remove
statutes of limitations for the crime of torture. In
February 2007, Illinois passed a new law relating
to the issue of statutes of limitations in regard to
police mistreatment of prisoners. Public Law 094-
1113 (the Illinois Civil Rights Act of 2006) states
that “if the compelling of a confession or
information by imminent bodily harm of threat of
imminent bodily harm results in whole or in part in
a criminal prosecution of the plaintiff, the 2-year
period set out in this Section shall be tolled during
the time in which the plaintiff is incarcerated, or
until criminal prosecution has been finally
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adjudicated in favour of the above referred
plaintiff, which ever is later.” The law, which will go
into effect on 1 January 2008 will also provide
enhanced civil remedies for victims and boost the
penalty for authorities convicted of inflicting bodily
or great bodily harm (or threatening such har)to
obtain a confession. The statement that 24
individuals are currently serving prison terms on
the basis of confessions that may have been
obtained by torture or ill-treatment is incorrect.
None of the individuals identified by the Special
Rapporteur were found by the Special Prosecutor
to have made credible allegations supporting an
indictment of any Chicago police officer, and many
of the identified individuals, allegations were found
by the Special Prosecutor to be unreliable, not
credible, inconsistent or otherwise
uncorroborated. Further, the defendant's
confessions were not necessary for the
convictions obtained. For example, with respect to
Reginald Mahaffey, the U.S. Court of Appeals for
the Seventh Circuit stated that, “even disregarding
Mahaffey's confession, the state presented
powerful evidence at trial of his guilt.” Similarly,
Leonard Hinton is incarcerated upon substantial
evidence other than his confession; the Seventh
Circuit concluded that “the trial court would have
convicted (Hinton) even if the confession were not
introduced at trial due to the wealth of other
corroborating evidence that the State produced
which established Hinton's guilt beyond a
reasonable doubt.” We also note that Andrew
Wilson's conviction was likewise obtained without
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the use of the confession he provided to
detectives at Area 2. Over the past two decades
the U.S. Department of Justice has opened and
closed several cases relating to this matter. As
previously stated, the U.S. Department of Justice
currently has the matter open for review but
cannot release any further details about its
investigation. The U.S. would like to emphasize
that its law continues to provide strict rules
regarding the exclusion of coerced statements
and the inadmissibility of illegally obtained
evidence in criminal trials. The Fifth Amendment
to the U.S. Constitution not only bars the
government from calling the defendant as a
witness at his trial, but also from taking statements
from the accused against the accused's will. If a
defendant confesses, he may seek to exclude the
confession from trial by alleging that it was
involuntary. The court will conduct a factual inquiry
into the circumstances surrounding the confession
to determine if law enforcement officers acted in a
way to pressure or coerce the defendant into
confessing and, if so, whether the defendant
lacked a capacity to resist pressure. See Colorado
v. Connelly, 479 US: 157 (198). Physical coercion
will render a confession involuntary. See Brown v.
Mississippi, 297 U.S. 278 (1936). In addition, the
laws of the State of Illinois and the United States
provide opportunities for the identified individuals
to challenge their convictions. Among other things,
the Illinois Post-Conviction Hearing Act, 725 ILSC
5/1-122 et seq., is available to all of the identified
individuals. Thirteen of the individuals have
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availed themselves of the opportunities provided
to make their allegations under the Post-
Conviction Hearing Act. After exhausting state
court remedies, these individuals have the
additional opportunity to seek a writ of habeas
corpus in the federal district court. All pending
post-conviction matters involving allegations of
abuse at Area 2 are being handled and responded
to by the Attorney General of the State of Illinois.
The identified individuals could also request
executive clemency from the Governor of the
______ _____________ ___________ ______ ___________ _____________________________________________ State of Illinois .
256. By letter dated 17/04/07 the Government provided
the following information in response to an oral
request by the Special Rapporteur concerning
Guantanamo Bay: The total number of detainees
up to April 2007 was approximately 785. About
390 detainees have been released or transferred.
They have generally been returned to the country
of their nationality or residence with the exception
of nine detainees who were accepted by the
Government of Albania. Included in the list of
countries to which detainees have returned are:
Afghanistan, Australia, Bangladesh, Bahrain,
Belgium, Denmark, Egypt, France, Great Britain,
Iran, Iraq, Jordan, Kuwait, Libya, Maldives,
Morocco, Pakistan, Russia, Saudi Arabia, Spain,
Sweden, Sudan, Tajikistan, Turkey, Uganda,
United Kingdom and Yemen. In April 2007, three
detainees (Mr. Hicks, Mr. Khadr and Mr. Hamdan)
had had charges sworn against them. Mr. Hicks
has pleaded guilty to material support for terrorism
and was sentenced to seven years' imDrisonment.
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lhtiyor Hamroev, a member of the Human Rights
Society of Uzbekistan (HRSU). On 26 December
2006, Mr. lhtiyor Hamroev, while in detention at
Prison 64/78, Chikurgan village, Zafarabad
district, Djizak region, complained of stomach
pains related to an ulcer and asked the prison
guard on duty to call a doctor. The head of the
prison was made aware of his condition. The
following day, on 27 December2006, Mr. lhtiyor
Hamroev was handcuffed and severely beaten by
prison guards. He was also repeatedly kicked in
the stomach, and subsequently dragged across
the floor by the hair. He was then transferred to an
isolation unit for 24 hours. Mr. lhtiyor Hamroevs
health deteriorated considerably after the incident
and he was transferred to Zafarabad district
hospital. He was arrested on 25 September 2006,
and sentenced to three years in prison on charges
of “hooliganism”. Since his arrest, prison guards at
Prison 64/78, have attempted to provoke Mr.
lhtiyor Hamroev into violating disciplinary
regulations in order to prevent him from being
released under the amnesty declared by the
all but nine months suspended, which he will
serve in Australia. Mr. Khadr and Mr. Hadam's
charges are with the Convening Authority, who will
decide whether to refer any or all charges to trial
by military commission. About 385 persons were
being held in Guantanamo Bay. Of these, 25
detainees had been determined eligible for
transfer or release but were difficult to repatriate.
Included in this group were detainees from China,
Sudan, Somalia and Uzbekistan.
By letter dated 6/02/07, the Government informed
that the claims that on 26 December 2006, I.
Khamraev reported stomach pains, and the camp
personnel failed to provide him with the necessary
medical attention, beat him instead, and the
following day placed him in a punishment cell for
24 hours, are unfounded. In order to check these
claims, personnel of the relevant law enforcement
agencies of Uzbekistan visited the camp where I.
Khamraev is being held on 5 January 2007, and
talked to persons who are serving sentences in
the camp. It emerged from the conversations that
the prisoners being held in the camp have been
provided with all necessary facilities for work,
housing and medical treatment. Camp personnel
deal with the prisoners in accordance with the
legislation in force, and do not exceed their
authority. The prisoners categorically denied that
camp personnel beat them or exerted any
pressure on them. An interview was also held with
the prisoner I. Khamraev, during which it was
established that he did indeed suffer acute
aastritis in 2006. because of which he underwent
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Senate on 30 November2006.
treatment on several occasions at the Zafarabad
district hospital in Djizak oblast. After
I. Khamraev's condition worsened, he was sent for
treatment to the above-mentioned hospital on the
orders of the head of the camp. In addition, he
was taken to the central oblast hospital, where he
underwent some tests. He was then prescribed
the necessary medicines, which he received. On 5
January 2007 a full medical examination of I.
Khamraev was carried out in the surgery
department of the Djizak section of the Scientific
Centre for Emergency First Aid. As a result it was
established that I. Khamraev is suffering from
“Catarrhal/erosive gastritis of the gastric antrum”,
and he was given the necessary medical
treatment. No indications were found of other
disorders, or traces of any bodily injuries. When
the findings of the medical examination of I.
Khamraev were examined, no mention was found
of any bodily harm. However, there are
references to signs of stomach and intestinal
disorders. Currently I. Khamraev is undergoing a
course of treatment in the camp's medical unit. In
addition, I. Khamraev himself stated that he is in
good condition, and has no grievances against the
camp personnel. I. Khamraev's cell-mate stated
that when he felt unwell one night, a doctor was
called, who placed him in the medical unit. He
added that other prisoners had not heard of a
single incident of beating of prisoners by the camp
personnel. As a result of the checks it was clear
that the claims set out in the complaint are
unfounded and bear no relation to reality.
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Sanjar Umarov (subject of a previously
transmitted communication, E/CN .4/2006/6/Add.1,
para. 539). Mr. Umarov's case is also pending
before the Human Rights Committee with a
request for interim measures of protection. He
was convicted in March 2006 of a number of
offences including fraud, embezzlement and
membership in a criminal organization. On appeal
Mr. Umarov's sentence was reduced from ten and
a half years to seven years and eight months. He
has been detained incommunicado since July
2006 when he was last allowed a visit by his son.
On this occasion Mr. Umarov specifically
requested to meet with his attorney. Numerous
other attempts by his counsel to gain access to
him were denied by the head of prison, stating
that it is the prison inmate who has to file a
request for a meeting with counsel. The attorneys
of Mr. Umarov's choice are not the two identified
as his defence counsel in the Government's reply
dated 29 November 2005. Several attempts by
members of his family to see him in prison since
July 2006 were met with official denials for the
reason that Mr. Umarov has been placed in
solitary confinement for 15 days. Each time this
period expired his family was notified that Mr.
Umarov has been subjected to solitary
confinement again for 15 days. Questions about
his state of health were met with the standard
reply as being “satisfactory”. Beginning 22
October2006 Mr. Umarov was placed under
solitary confinement for a period of three months
for inappropriate behaviour in prison. Although
By letter dated 21/02/07, the Government
informed that since 23 May 2006 until the present,
the convict Sanjar Umarov has been held in prison
Uya 64/47 in Kyzyl-tepa in Navoi province. In
accordance with the law in force and the
regulations of the Central Penal Correction
Department of the Ministry of Internal Affairs of
Uzbekistan, the administration of the
aforementioned institution has repeatedly taken
disciplinary measures against Mr. Umarov by
placing him in a punishment cell for violating the
prison's custodial system. However, Mr. Umarov
was never once subjected to solitary confinement
in the punishment cell (the regulations of the
Central Penal Correction Department of the
Ministry of Internal Affairs do not provide for
solitary confinement). He was always with other
inmates who were also being subjected to
disciplinary measures for violating the prison's
custodial system. An investigation conducted by
the Navoi procurator's office relating to the
supervision of the observance of laws in places of
deprivation of liberty found that the disciplinary
measures taken against Mr. Umarov were
justified. During the time that Mr. Umarov was
serving his sentence, his lawyers requested to
meet with Mr. Umarov on 26 June, 11 July and 20
July 2006, respectively. However, in accordance
with Mr. Umarov's own handwritten statement, all
of the lawyers were denied a meeting with the
convict. At the same time, it should be pointed out
that, during his imprisonment in the
aforementioned institution, Mr. Umarov was
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this period expired on 23 January 2007 his family
members were refused a visit on this day. Prison
officials informed his family that he has been
subjected to solitary confinement for another 15
days beginning 18 January 2007. Various letters
addressed to the office of the General Procurator
by Mr. Umarov's family with respect to denials of
family visits and access to counsel have so far
remained without reply.
allowed two meetings: on 27 June 2006, he met
briefly with his son, and, on 4 July 2006, he had a
long meeting with his son and sister. In addition,
on 7 July 2006 and 30 September 2006, Mr.
Umarov received two parcels. On a number of
occasions, when his son requested the institution
to allow him to meet with the Mr. Umarov, the
meetings did not take place because he had been
subjected to the disciplinary measure of being
placed in a punishment cell for violating the
prison's custodial system. It should be pointed out
that, according to the medical report on Mr.
Umarov (which was signed by members of the
medical commission consisting of the chief
physician, therapist, duty doctor, and psychiatrist),
his health was satisfactory at the time of his
transfer to the aforementioned institution, and he
has not complained about his general state of
health or prison conditions.
259.
09/03/07
JUA
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Erkin Musaev, an Uzbek national and a UNDP
local staff member in Uzbekistan (UNDP Country
Manager, Border Management Programme
Central Asia). Mr. Musaev was arrested by the
Uzbek National Security Service on 31 January
2006, when he was on his way to attend a UN
Conference in Bishkek, Kyrgyzstan in his capacity
as a UN staff member. His family was not
informed about his whereabouts for 20 days. He
was not allowed to see a lawyer of his choice.
During detention he was subjected to various
forms of pressure, including threats by the
interrogators who tried to force him to sign a
confession. He was also subjected to beatings by
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fellow inmates at the instigation of the
interrogators. Furthermore he was beaten on his
chest three nights in a row, which resulted in pain
in the inner organs. He was put on a bed with his
hands tied up and hit him on his heels, and he
was unable to walk for several days. He was also
subjected to a method called “Northern Aurora”,
which means hitting somebody hard on his head
for a prolonged period. The beatings and other ill-
treatment resulted in a broken jaw. First aid was
provided by other inmates. On 13 June 2006,
following a secret and flawed trial, Mr. Erkin
Musaev was found guilty of high treason (article
157 of the Uzbek Criminal Code), disclosure of
state secrets (article 162), abuse of office (article
301) and negligence (article 302) and sentenced
to 15 years of imprisonment by the Uzbek military
court in Tashkent. The verdict reads that the
information that he provided was utilised by
unfriendly forces in order to organize the
disturbances in Andijan in May 2005. It took the
presiding judge four hours to read the 72-page
verdict. No family and no independent observers
were allowed to be present at the trial. On 14
June 2006, a second trial against Mr. Erkin
Musaev commenced. This time he was accused
of embezzlement of UN funds. The presumed
purpose of the second trial was that, in
accordance with Uzbek law, a second sentence
would make it impossible to ever get amnesty for
the first sentence. Mr. Erkin Musaev was
sentenced to six years' imprisonment. A related
UNDP-statement, dated 4 July 2006, read: “...
A!HRC/7/3/Add. 1
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Ms. MutabarTadjibayeva, Chairwoman of the
human rights organization Plammenoe Serdtse,
Ardent Hearts Club, based in Ferghana City. On 6
March 2006, Ms. Tadjibaeva was sentenced to
eight years in prison. She is currently being
detained at Tashkent Prison. Ms. Tadjibaeva
spent seven months in solitary confinement and
was held in a psychiatric unit for mentally ill and
drug-addicted persons, located in a womens
detention centre in the Mirabad district of
Tashkent. Ms. Tadjibaeva's health is deteriorating
as a result of the conditions in which she is being
held and is in need of urgent medical attention. It
is reported that she has lost approximately 20
kilograms in weight and is suffering from a kidney-
related illness caused by cold and low blood
pressure. Ms. Tadjibaeva was last seen by her
family on 9 January 2007 despite numerous
attempts by relatives to visit her at the detention
centre in order to bring her medication and food.
According to reports, members of Ms.
Tadjibaeva's family, including her brother and and
daughter, have been subjected to harassment and
intimidation. On 22 December2006, Mr.
Tadjibaev was evicted from his apartment and is
under constant surveillance by the authorities. He
has also received a warning that if he continues to
object to the detention of his sister it will be
difficult for him to continue to work and he will be
forced to leave Tashkent. She was also warned
that if she would then travel to Tashkent aaain (to
By letter dated 26/04/07, the Government
informed that according to article 27 of the
Constitution, everyone shall be entitled to
protection against encroachments on his honour,
dignity, and interference in his private life, and
shall be guaranteed immunity of domicile. No one
may enter a dwelling place, carry out a search or
an examination. Besides the State shall safeguard
the rights and freedoms of citizens proclaimed by
the Constitution and laws of Uzbekistan. Everyone
shall be entitled to judicial defence of his rights
and freedoms, and shall have the right to appeal
unlawful actions of state bodies, officials and
public associations. In accordance with the Law
“On citizens applications, citizens have the right
to appeal to competent bodies in order to protect
legitimate rights and interests, and also to restore
infringed rights. Criminal and administrative
legislations of Uzbekistan make provisions for
relevant punishment against unreasonable refusal
in consideration of an application, infringement of
term of consideration of an application without a
valid excuse, adoption of a decision contradicting
the law and consequently causing essential harm
to rights, or interests of citizens protected by law.
Besides the Authorized Person of the Oliy Majlis
for human rights (Ombudsman) considers
complaints and applications about violations of
rights and freedoms of citizens and takes
measures on their restoration. The judidical and
non-iudicial institutions on Drotection of human
260.
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UNDP conducted its internal investigation on the
matter and found no basis for the accusations
TOR;
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see her mother) she will be killed. Ms. Akramova
has been followed by individuals believed to be
law enforcement agents.
rights and freedoms are established and
successfully function in Uzbekistan, and which
facilitate timely reaction to citizens applications
and adoption of decisions upon issues raised.
Despite this, some citizens, pretending to be
victims of alleged violations by state bodies,
refuse to submit applications to such institutions
and instead target the attraction of attention of
international human rights or other organizations
to themselves. Thus, they pursue a political
purpose to cause a wave of criticism against
Uzbekistan. In this regard the Special Procedures
mechanisms are advised to inform their sources of
allegations on violations, and consequently Ms.
Tadjibayeva, to appeal to competent bodies of
Uzbekistan to restore her rights provided that
alleged violations indeed have taken place.
261.
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Mirkarim Saitkarimov, a 28-year-old student of
the Tashkent Culinary College. He is currently
detained in the high security prison in Andijan “SI-
1” since December 2006. The prison
administration, including the head colonel and
some guards, together with another prisoner
regularly subject religious believers to ill-
treatment. On 31 May 1999, Mirkarim
Saitkarimov's house was searched and he was
arrested by ten National Security Service (NSS)
and transferred to the Tashkent City Department
of Internal Affairs. While Mr. Saitkarimov was held
there, he was subjected to ill-treatment in order to
force him to confess. On 14 August 1999 Mr.
Saitkarimov was sentenced to 15 years of
imprisonment by the Tashkent Criminal Regional
By letter dated 12/06/07, the Government
informed that the Yangiyul Municipal Court in
Tashkent oblast declared him guilty of the crimes
provided for under article 159, paragraph 3 (a),
“Crime against the constitutional order of the
Republic of Uzbekistan”, and article 244-1,
paragraph 3 (a), “Preparation or distribution of
material containing threats to public order and
security”, of the Criminal Code of the Republic of
Uzbekistan, and sentenced him to 15 years'
deprivation of liberty under article 59 of the
Criminal Code. The term of sentence began on 1
June 1999 and will end on 1 June 2014. In
accordance with a decision taken on 16
November 2006 by Zangiata District Court in
Tashkent oblast, M. Seitkarimov was transferred
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Court on the basis of this confession for being a
Hisb-ut-Tahrir member. The Appeal Board of
Tashkent Regional court upheld the verdict. Since
then Mr. Saitkarimov has served his sentence in a
series of prisons, initially Prison Colony No. 64/49
in Karshi town, where the deputy head of the
colony struck him every day on the soles of his
feet, raped him by inserting a baton in his anus,
electro shocked him and forced him to stay
outside naked during wintertime. In 2001 Mr.
Saitkarimov was transferred to Colony No. 64/61
of Karshi town, in 2003 he was transferred to
Colony 64/3 in Tavaksai village of Tashkent
Region. In both facilities he was subjected to ill-
treatment by prison officials. In March 2005, he
was transferred to Colony 64/65 in Zangiata not
far from Tashkent, where he was regularly ill-
treated by fellow-prisoners from Zhaslyk Colony
(No. 64/71) with the participation of the deputy
head of the colony.
for one year of the unfinished part of his sentence
to a prison regime, since, under article 112 of the
Penal Correction Code, entitled “Serious violator
of the prison regime”, he is a serious violator of
the prison regime. At present, M. Seitkarimov is
serving his sentence in prison colony No. 64/T-1
in the city of Andijon in Andijon oblast. No illegal
acts were carried out by the administration of the
penal institution against M. Seitkarimov when he
arrived at prison colony No. 641T-1. Furthermore,
every person who enters the penal institution
undergoes a full medical examination, including
checks of whether his or her body bears any
traces of torture or other forms of cruel treatment.
No traces of torture oranyotherforms of cruel
treatment were found on M. Seitkarimov when he
arrived at prison colony No. 64/T-1 to serve his
sentence. The conditions under which sentences
are served in the institutions of the Uzbekistan
Ministry of Internal Affairs penal correction system
conform rigorously with the established rules for
the internal regulation of penal institutions,
Ministry of Internal Affairs regulations and the
relevant legislation of Uzbekistan. The allegations
transmitted in the joint letter of the Special
Rapporteurs are without foundation and bear no
relation to reality. It should also be mentioned that
the convicted offender M. Seitkarimov has not
complained to the prison administration about the
use of illegal forms of treatment against him by
employees of the institution or other prisoners. No
foundation for the allegations that the convicted
offender M. Seitkarimov is subject to severe
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Muminov Otabek, aged 34. An alleged Hisb ut
Tahrir member, he fled from Uzbekistan to
Kazakhstan in 2001 and later to Kyrgyzstan. He
was detained in Osh on 28 November 2006 and,
on 1 June 2007, extradited to Uzbekistan. He is
currently being held in the detention facility of the
National Security Services (SNB) in Tashkent. He
has been denied access to an independent
lawyer.
torture and illegal forms of treatment was found
during investigation. In prison colonies No. 64/49,
No. 64/61, No. 64/3 and No. 64/65, where the
convicted offender M. Seitkarimov had previously
been held, the information on the use of moral and
psychological pressure, torture or other illegal acts
by the administration against M. Seitkarimov was
not substantiated. In addition, religious rituals are
respected in penal institutions in compliance with
article 12 of the Penal Correction Code, “Ensuring
the freedom of conscience of convicted persons”:
convicted persons are guaranteed the right to
freedom of conscience. They are entitled to follow
any religion, or none at all.
By letter dated 6/08/07, the Government informed
that, an ardent supporter of the religious extremist
organization Hizb-ut-Tahrir since 1998, he was
engaged in the preparation and distribution of the
organization's religious extremist literature but fled
his place of residence after his associates were
arrested. In April 2002, the investigation
department of the Uzbekistan National Security
Service opened criminal proceedings against him
under articles 159 (Attacks on the constitutional
order) and 244-2 (Establishing, leading or
participating in religious extremist, separatist,
fundamentalist or other prohibited organizations)
of the Criminal Code of Uzbekistan and placed
him on their list of wanted persons. It has been
established that, from 2001, Mr. Muminov
continued his extremist activities in the Kazakh
province of South Kazakhstan. In 2004, he
entered the Kvravz Drovince of Osh on a fake
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Mutabar Tadjibayeva (subject of a previously
transmitted communication, see above). Ms
Tadjibaeva is being ill-treated by prison wardens
whilst in detention in Tashkent Prison, and this ill-
treatment is having adverse effects on her health.
She is frequently being humiliated and threatened
with acts of violence against her daughter. She is
also placed in solitary confinement, and has been
denied access to medical treatment which she
urgently requires. In addition, she has been
denied her visitation rights, and delegates from
the International Committee of the Red Cross
have been prevented from seeing her.
Kyrgyz passport. Mr. Muminov occupied one of
the top positions in the Hizb ut Tahrir hierarchy
and was responsible for preparing and
reproducing the religious extremist organization's
anti-constitutional literature. While carrying out
these subversive activities, Mr. Muminov was
taken into custody in November 2006 by the
Kyrgyzstan law enforcement agencies and, in
accordance with the Minsk Convention on Judicial
Assistance and Legal Relations in Civil, Family
and Criminal Cases of 22 January 1993, was
extradited to Uzbekistan for investigation in the
context of the criminal proceedings against him.
Pursuant to article 46 of the Code of Criminal
Procedure of Uzbekistan, Mr. Muminov was
provided with a lawyer. No requests for additional
legal counsel or complaints have been received
from either the accused or his representatives .
By letter dated 14/08/07, the Government
informed that recently some mass media and
foreign non-governmental organizations
disseminate false reports as if “Ms. Mutabar
Tajibayevas health has deteriorated. According
to the decision of the Court, she was found guilty
of committing such crimes as blackmail, robbery,
embezzlement through appropriation and
misapplication, fraud, evasion from tax payments,
violation of trade rules and land tenure conditions,
functional forgery, arbitrariness, distribution of
materials containing threat to public safety and
order. On 6 March 2007, she was convicted and
sentenced to eight years imprisonment with
deDrivation of the riaht to take u any
263.
10/07/07
JUA
HRD; TOR;
VAW
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administrative and financially liable position within
three years. Since 7 July 2006, Ms. Tajibayeva is
serving a sentence in the colony of general
regime. She has a right for health protection,
including medical care outlined in the Criminal
Executive Code. For the term of sentence she has
had so far, she contacted the medical unit of the
colony, where she was provided with the
necessary treatment in the outpatient setting and
twice underwent inpatient treatment. According to
the medical examination, findings made on 11
August 2007, the health condition of Ms.
Tajibayeva is satisfactory and she is able to work.
During serving the punishment sentence, Ms.
Tajibayeva in accordance with article 9 of the
Criminal Executive Code carried out on four
occasions short and long-lasting meetings with
her relatives: on 19 July 2006, a short meeting
with her nephew; on 10 August 2006, long-lasting
meeting of three days with her sister; on 9
January 2007, short meeting with her daughter;
and on 10 August 2007, short meeting with her
brother. In accordance with a written request, she
was visited by her lawyer on 13 July 2006.
Afterwards, Ms. Tajibayeva did not make another
request. She regularly receives parcels and
packets from relatives (six times), the last time
being on 28 June 2007. She also exchanges
correspondence with relatives (34 times received
and 46 times sent). The above-mentioned facts
show that misinformation disseminated by some
mass media and NGO5 is based on unchecked
information, and bears a tendentious nature. It is
A!HRC/7/3/Add. 1
page 321
Akhadov Gafur Gulamovich; Aliyev Dzhamshid
Amriyevich; Usupov Azam Rakhimbayevich;
Ekubov Rofe Nazhmiyevich; Ibodullayev Azam
Hikmatullayevich; Dadamirzayev Ibrokhim
Akhmadzhanovich; Batyrov Ilkhom
Rakhmanovich; Gaphurov Sobir Uktamovich
and several witnesses interrogated in
connection with their criminal case, all resident
in the Urgutsk region of Samarkand oblast. On 29
April 2006, the Samarkand oblast department of
internal affairs arrested the above persons,
initiating criminal charges against them. In order
to obtain confessions to support their case,
several employees of the oblast department of
internal affairs severely beat the arrested persons
and several witnesses, including close relatives of
those arrested, including women and children,
some of them only 14-years-old. They also
subjected them to electric shocks. More
specifically, policemen beat the heels of Gafur
Akhadod with a baton, sent electric shocks though
parts of his body and drove needles under his
nails. Mr. Akhadov fainted several times during
the treatment. A forensic medical examination
recorded that the injuries and bruises on his body
and under his eyes, noticeable even after six
months after the interrogation, resulted from
“falling off a mulberry tree. Police also beat Mr.
Aliyev with a baton on his heels and all over his
body and subjected him to electroshock. The
forensic medical examination indicates that the
By letter dated 28/08/07, the Government
informed that it has been established that a
pretrial investigation in the criminal case
concerning the aforementioned persons was
conducted by the investigative units of the
Samarkand province internal affairs department.
On 1 May 2006, Gafur Akhadov, Jamshid Aliev
and Azam Yusupov were detained under article
221 (Grounds for detention) of the Code of
Criminal Procedure of Uzbekistan and were
remanded in custody as a preventive measure.
According to the report of 1 May 2006 by service
officers and duty officers at the holding facility of
the Samarkand internal affairs department, on the
day of their arrest, abrasions were noted on the
arms and legs of Mr. Akhadov, Mr. Aliev and Mr.
Yusupov, and they were requested to explain how
they had sustained those injuries. Mr. Akhadov
explained that he had sustained his injuries on 30
April 2006 when he had fallen from a mulberry
tree. Mr. Aliev explained that he had sustained his
injuries when, out of carelessness, he had slipped
off the roof of a shop where, on 29 April 2006, he
had been repairing a broken power line. Mr.
Yusupov explained that he had sustained his
injuries on 28 April 2006 when holidaying in the
mountains. As a preventive measure, Rofe
kubov, Azam lbodullaev, lbrokhim Dadamirzaev,
llkhom Batirov and Sobir Gafurov were asked to
sign a pledge of good conduct. The investigation
into the case was conducted in accordance with
264.
24/07/07
JUA
IJL; TOR
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obvious that such actions are aimed at damaging
the image of Uzbekistan in the international arena.
A!HRC/7/3/Add. 1
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injuries and bruises on his body were “the results
of falling from the roof'. VVhen he refused to sign a
confession, the police officer threatened to throw
him out of the third story window of the
Department on Internal Affairs and register his
death as suicide “during an effort to escape. Mr.
Usupov was equally subjected to beatings,
resulting from which his feet and his body were
covered with bruises. The forensic medical
examination indicated that “the bruises on the
body of the defendant resulted from falling from a
hill. Mr. Usupov also shows clear signs of trauma
resulting from the treatment. The persons were
charged under articles 159 (Encroachment on the
constitutional status of the Republic of
Uzbekistan), 244-1 (Production and distribution of
materials against public security and public order),
242 (Organizing a criminal association), 165
(Extortion), 189 (Violation of trading and servicing
rules), 190 (Practicing business without a license),
209 (Official forgery) of the Criminal Code
because of alleged association with Hizb-ut-
Tahrir. The eight men were not allowed to consult
with the attorneys their parents had hired and
were given access to state appointed attorneys
only on 1 May 2006. Among the 40 witnesses
interrogated in connection with the above case, 28
were subjected to beatings and ill-treatment
during their interrogations. Some of the women
were stripped naked or forced to sit in their
underwear in the presence of a large number of
men. Several witnesses were forced to sign
statements that they will refrain from filing official
the provisions of Uzbek legislation governing
criminal procedure and with respect for the rights
of the accused, including their right to a defence.
In accordance with article 50 (Engagement of
defence counsel) of the Code of Criminal
Procedure, the defence counsel is engaged by
suspects, the accused, defendants, their legal
representatives and other persons at the request
or with the consent of the suspect, accused or
defendant. At the request of the suspect, accused
or defendant, the defence counsel's participation
in the case is ensured by the person conducting
the initial inquiry, the investigator, the procurator
or the court. During the investigation into the
criminal case, the accused were represented by
lawyers according to arrangements made with
their relatives. The proceedings and investigations
in which the accused participated were conducted
in the presence of the aforementioned lawyers. In
addition, on several occasions the lawyers met
with the accused in private while they were being
held in custody.
A!HRC/7/3/Add. 1
page 323
J. N. T., a 16-year-old student and resident of
Djavgashti village, Tashkent region. He is
currently detained at UYA-64/IZ-1 in Tashkent. He
was arrested by the police on 2 April 2007 and
taken into custody in accordance with the order of
the prosecutor of Yukori-Chirchik district on 6 April
2007. At about 7.30 p.m. on 2 April, two men in
civilian clothes and seven policemen beat him on
different parts of his body with clubs, fists and
plastic bottles. One of the men beat him with a
rubber club on his heels and pushed him to the
floor. As a result of this treatment, which went on
until 3 a.m. the next morning, J.N.T. confessed to
having committed the homicide he was accused
of. No defence lawyer was present, although the
presence of one is registered in the record. On the
morning of 3 April 2007, J.N.T. was told by the
police post's chief that he should plead guilty
when he will be presented to the prosecutor:
However, J.N.T. withdrew his confession. The
police chief reminded him that “last night's work
would continue” and urged him again to confess
his guilt. When he was interrogated for the second
time on 4 April 2007, a defence lawyer was
present, but she remained passive. Further she
did not react react or complain about J.N.T.'s
injuries (bruises, inability to walk), which were
confirmed by medical personnel who examined
him on 4 April. The police explained his injuries as
being sustained in a fall. On 4 April 2007, J.N.T.'s
arandmother was aDDointed his leaal
By letter dated 8/10/07, the Government informed
that on 2 April 2007 J.N.T. was taken into custody
in connection with a murder and handed over to
the internal affairs office of Yuqori-Chirchiq district
of Tashkent province. From the moment that he
was handed over, J.N.T. was ensured the
services of a lawyer, in accordance with the rules
on the procedure for upholding the right to
defence, signed on 21 August 2003 by the Central
Investigations Office of the Ministry of Internal
Affairs and the Bar Association of the Republic of
Uzbekistan. She represented J.N.T.'s interests
throughout the pretrial investigation. During the
pretrial investigation, no reports or complaints
were submitted by the defence of unlawful acts by
employees of the internal affairs office of Yuqori-
Chirchiq district of Tashkent province. On 3 April
2007, J.N.T. was charged under article 97, part 2,
paragraph (g), of the Criminal Code of the
Republic of Uzbekistan and remand in custody
was ordered as the measure of restraint against
him. On 4 April 2007, during his questioning in the
presence of his lawyer and his legal
representative, J.N.T. confessed to the offence
that he had committed and described his actions
in detail. On 12 April 2007, J.N.T. complained of
headaches and received medical attention from
staff of the emergency medical service. In
addition, arrangements were made for J.N.T. to be
visited by his grandmother. On 29 July 2007, on
the basis of the materials aathered durina the
265.
24/08/07
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complaints and threatened with more violence
should they file any.
WGAD;
IJL; TOR
A!HRC/7/3/Add. 1
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representative, yet in apparent violation of Article
121 of Criminal Code, she was never allowed to
be present during her grandson's interrogations.
She did not sign the interrogation records,
although she had repeatedly gone to the police
department. The investigator ignored the fact that
J.N.T.'s mother tongue is Kazakh and that he is
unable to read Uzbek. Petitions were filed with the
prosecutor of Tashkent region and the General
Prosecutor. A complaint was filed with the office of
ilnternal affairs of Tashkent region. However,
there have been no reactions to date.
pretrial investigation, J.N.T. was charged under
article 169, part 1, and article 97, part 2,
paragraphs (g) and (n), of the Criminal Code of
the Republic of Uzbekistan and the investigation
was closed that same day. Over the periods from
29 June and 10 July 2007, the defendant J.N.T.,
his lawyer and his legal representative were
familiarized with the materials of the criminal case
against him. On 13 July 2007, the indictment was
transmitted to the Tashkent provincial court for its
consideration. The court, having comprehensively
studied and analysed the materials of the criminal
case against J.N.T., found him guilty of the
commission of an offence under articles 97, part
2, paragraph (0) and 169, part 1, and, on 14
September 2007, sentenced him to 7 years and
11 months' deprivation of liberty, his sentence to
be served in a young offenders' institution. In
addition, J.N.T.'s guilt was proved during the
investigation by fingerprint tests, biological and
trace evidence analysis and forensic studies. The
reports received by the Special Rapporteur
alleging that the investigative authorities
disregarded the fact that J.N.T. does not know
Uzbek because he is an ethnic Kazakh are
unfounded. A teacher of Uzbek language
confirmed that J.N.T. spoke and understood
Uzbek well. She also confirmed that, on 3 April
2007, she had been present during J.N.T.'s
questioning and that no unlawful actions had been
taken against J.N.T. by officers of the internal
affairs office of Yuqori-Chirchiq district of Tashkent
province. During the investigation, no instances
A!HRC/7/3/Add. 1
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came to light of the use of unlawful interrogation
methods or of torture by staff of the internal affairs
office of Yuqori-Chirchiq district.
266.
02/10/07
JUA
WGAD;
HRD; TOR
SobirTulaganov, director of the Tashkent branch
of the Human Rights Society of Uzbekistan
(HRSU). On 19 September 2007, he went to the
criminal court of the Yuzunabad district in order to
obtain information pertaining to slander charges
that were filed against him on 13 April 2007. Mr.
Tulaganov was denied access to this information
and was arrested upon the orders of the judge
presiding over the case. Since his arrest he has
been held in incommunicado detention and his
current whereabouts are unknown.
267.
15/10/07
JUA
WGAD;
HRD; TOR
Hurram Berdiev, a member of Mazlum, a non-
governmental human rights organization. On 15
August 2007, he went to the department of
internal affairs in the Kumkurgan district of
Surhandaria oblast, in order to obtain permission
to travel to Turkmenistan in September 2007.
When he did not return, his relative contacted the
department of internal affairs and was informed
that he had been arrested for hooliganism,
administratively sentenced to 15 days in prison,
and was being held in Djarkurgan District Police
Station. This information was not confirmed by
Djarkurgan Police Station and the whereabouts of
Mr. Hurram Berdiev are currently unknown. On 20
August and 4 September 2007, a relative
attempted to report Mr. Berdiev's case to the
regional police station in Termez but the request
was declined on both occasions without any
reasons given.
A!HRC/7/3/Add. 1
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268.
10/12/07
JUA
HRD; TOR
lhtiyor Hamroev (subject of a previously
transmitted communication, see above). On 30
November 2007, Mr. Bahtiyor Hamroev, Mr.
lhtiyor Hamroev's father and also a human rights
defender, received a telephone call from an
anonymous prison guard informing him that the
guard had witnessed other prison guards
transferring Mr. lhtiyor Hamroev to another room
on the night of 29 November 2007. The guards
attempted to force him to sign a statement
confessing to having used forbidden language to
a prison employee. At Mr. lhtiyor Hamroev's
refusal, they beat him, and then he stabbed
himself in the stomach, although it remains
unclear as to how a knife could have been in his
possession. Following this incident, Mr. lhtiyor
Hamroev was hospitalised. His current
whereabouts are unknown and his family has
been denied information with regard to his
physical condition. Moreover, Mr. lhtiyor
Hamroevs sentence has recently been extended
by seven months.
269.
Follow-up
to past
cases
Ismatillo Abasov (A/HRC/4/33/Add.1, para. 327).
By letter dated 26 January 2007, the Government
informed that the case materials do not contain
any evidence that the accused were subjected to
any forms of unlawful treatment before or during
the investigation. All the procedural measures
were taken in accordance with the provisions of
legislation concerning criminal procedure. All the
lawful rights of the accused were assured, and
specifically the services of a lawyer. Before and
during questioning as part of the investigation, in
the presence of his lawyer, he confirmed that he
A!HRC/7/3/Add. 1
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had given evidence of his own free will without
any coercion on the part of the investigators.
During court proceedings Abasov I. made no
mention of the use of unlawful methods against
him. The investigations and judicial proceedings
were conducted strictly in accordance with the
applicable legislation. Abasov l's criminal acts
were correctly evaluated by the court. Despite two
previous convictions, Abasov I. did not draw the
appropriate conclusions and continued to pursue
a lifestyle which posed a major danger to society.
The court, judging the re-education of Abasov I.
impossible, and taking into account the absolute
danger his personality posed to society, decided
to impose the supreme punishment - the death
penalty.
270.
Komiljon Usmanov (A/HRC/4/33/Add.1, para.
332).
By letter dated 18/01/07, the Government
informed that the criminal proceedings against K.
Usmanov were conducted in accordance with the
requirements of the country's Code of Criminal
Procedure. The court examined the testimony of
all those participating in the trial, correctly
evaluated the evidence and reached the justified
conclusion that K. Usmanov was guilty. After
categorizing his criminal actions in accordance
with the law, the court imposed the appropriate
punishment.
271.
Nozim Rakhmonov, Azomodin Kosimjonov,
Abdurakhman lbragimov, Tohirjon
Abdusamatov, Shoimat Shorakhmedov,
Alisher Mirzakholov, Abdurauf Kholmuratov,
Alijon Mirganiev, Farkhod lslamov, Rukhiddin
Fakhrutdinov and Sharafutdin Latipov
By letter dated 19/01/07, the Government
informed that the defendants were sentenced for
various offences to serve terms of imprisonment
from five to 17 years. All investigatory activities
involving the accused were conducted in the
presence of their lawyers. They were allowed
A!HRC/7/3/Add. 1
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(E/CN.4/2006/6/Add.1, para. 540).
unlimited contact with their lawyers, and to have
repeated visits from close relatives. In the course
of the investigation it was established that the
accused S.S. Sharahmetov suffered from
schizophrenia. As stated in the court psychiatrist's
report, S.S. Sharahmetov was found to be unfit to
plead and in need of compulsory treatment. On 31
March 2006, the criminal proceedings against 8.8.
Sharahmetov were referred to the courts, so that
he could be subjected to the necessary
compulsory medical treatment. On 20 April 2006,
the Tashkent City Criminal Court ordered S.S.
Sharahmetovto undergo compulsory treatment in
Tashkent city psychiatric hospital No. 1, where he
is still being held.
272.
Viet Nam
30/01/07
JUA
WGAD;
RINT;
HRD; TOR
Ksor Daih, aged 45, Ksor Jak, aged 24, and
Ksor Har, aged 54 years old, all from commune
Dang Ya, district Cu Pah, Gialai province. All of
them are currently held at Trai Ba-Sao Prison in
Ha Nam province. Ksor Daih was arrested in 2004
after having spent two years in hiding, for
participating in the 2001 peaceful protest for
religious rights and supporting an organization
called “Montagnard Foundation”. He was then
sent to prison, where he has been subjected to
beating and kicking on a regular basis. During one
incident he was blinded in one eye. As a result of
the treatment in prison, his body is covered in
scars and bruises, his eye socket gorged and he
can barely stand. Ksor Jak was arrested in 2004
for supporting the “Montagnard Foundation” and
participating in the peaceful demonstration in
2001 for religious freedom. After the 2001
By letter dated 24/04/07 the Government replied
that all three are members of of “Fulro
Organisation”, which aimed at the creation of in
independent Dega State. They are detained at
Nam Ha prison camp. Ksor Daih was arrested by
the Investigation Agency on 26 February 2004.
When he was searched explosives and weapons
were found. On 25 January 2005 the People's
Court of the Gia Lai Province sentenced him to
seven years' imprisonment in accordance with art.
87 of the Penal Code. KsorJakwas arrested on
25 February 2004. When he was searched,
explosives and weapons were found. On 25
January 2005, the People's Court of the Gia Lai
Province sentenced him to seven years'
imprisonment. In 2007 it was decided that his term
should be reduced due to his good attitude
towards re-education. Ksor Har was arrested on
A!HRC/7/3/Add. 1
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demonstration he went into hiding, but was
captured on 24 February 2004 by Vietnamese
soldiers and imprisoned at Trai-Ba-Sao, where his
leg was broken and disfigured and he was
subjected to taunting by the authorities. Also,
guards forced him to eat rice mixed with broken
glass. Ksor Harwas arrested in 2004 for
participating in the 2001 peaceful protest for
religious rights and supporting the “Montagnard
Foundation”. He went into hiding but was captured
by Vietnamese soldiers in August 2004. As a
result of the treatment he has received in prison,
his left ear has been torn into pieces. Guards
continue to regularly pull his wounded ear.
13 October 2004 and on 17 October 2005 he was
sentenced to six and five years' imprisonment. In
the prison camp, all three have received the right
ration of food and drink in strict accordance with
provisions of the relevant laws on prison regime.
According to a health examinations conducted on
9 March 2007 he has not health problems.
According to the minutes of meetings, reports of
other prisoners, reports of the superintendent,
reports of the educator-warden and the minutes of
an inspection conducted by a delegation from the
Department of the Management of Prison Camps,
they have not been subjected to cruel treatment.
273.
11/05/07
JUA
SUMX;
TOR
Le Manh Luong, Tran Van Hoi, Nguyen Minh
Tuan and Nguyen Van Can, who are at imminent
risk of execution. They were arrested in 2004
(along with three others), tried and convicted of
trafficking in heroin, illegally buying and selling a
pistol and bullets and forgery of identity
documents. They were sentenced to death by the
People's Court, Quang Binh province on 25
November 2006. Mr. Luong, Mr. Tuan and Mr.
Can appealed to the People's Supreme Court in
hearings that took place on 5 and 6 April 2007,
and the Court upheld the sentences. It is
understood that applications for clemency were
submitted to President Nguyen Minh Triet. Mr.
Luong currently suffers from a mental disorder.
The four men are shackled at the ankles and the
wrists twenty four hours a day, at the custody
centre for the police, where they are currently
detained. Such shackling normally continues until
By letter dated 2/08/07, the Government informed
that they were core actors of a transnational drug
crime organization. Due to the extremely serious
offences, the four said persons were tried and
sentenced to death upon their crimes of drug-
trafficking (article 194 of the Penal Code), illegally
buying, selling and using military weapons (article
230 of the Penal Code), and using forged
certificates and other important documents (article
266 of the Penal Code). With regard to a specific
crime of drug-trafficking, the Penal Code
stipulates that illegally buying and selling over
1 OOg of heroin is a commission of an extremely
serious crime, and for an amount over 600g, the
trafficker will face the death sentence. Currently
Luong, Tuan and Can are detained at a prison in
Nghe An province. They are strictly supervised in
accordance with law provisions on death-
sentenced offenders. With regard to Le Manh
A!HRC/7/3/Add. 1
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the time of execution.
Luong in particular, he had 16 previous
convictions and offences tried by courts of the
United Kingdom upon various types of crimes.
During the investigation and trial on Luong in Viet
Nam, he played many cunning tricks against the
concerned agencies, inter alia, he pretended to be
suffering from mental sickness, with a view to
avoiding criminal responsibilities. The
investigation agency sent Luong to the Central
Council of Mental Medical Jurisprudence for
examination. The results were negative and
showed he had full civil capacity to carry out his
criminal responsibilities. During the time he was
monitored and examined, he was able to
communicate with his family members, bribe
cadres of the concerned agencies and the Central
Council, and organize his escape from the Central
Institute of Mental Health. This demonstrates that
Luong was not mad at all; he was fully able to be
aware of and control his behaviour. The trial on
the above-mentioned individuals was totally lawful
and in full accordance with criminal procedures
recognized by the international community. The
trial was attended by representatives of the British
Consulate because a few offenders held British
passports (like Le Manh Luong). The Government
is of the view that the application of the death
penalty must be based on the specific conditions
of each country. In Viet Nam, it is necessary to
maintain the death penalty on persons who
commit to extremely dangerous crimes. The death
penalty is a necessary and effective deterrence to
crimes.
A!HRC/7/3/Add. 1
page 331
RINT;
SUMX;
TOR
Kpa Kin, a Christian believer aged 35 of Ploi Tao
Or village, commune Ia Hru, district Cu Se in
Gialai province. In April 2004, Mr. Kpa Kin
participated in a demonstration calling for religious
freedom and land rights, following which he went
into hiding. He was arrested on 16 December
2005 by security police and detained in Cu Se
district. He was then transferred to T-20 prison in
Pleiku province and later to Phu Yen Province
Prison. Upon each transfer he was beaten with
batons, kicked and electro-shocked on all parts of
his body. As a result, he became seriously ill and
needed to be taken to the hospital in Phu Yen
province, where the doctors, since they were
unable to help him, recommended that he be
released for medical reasons. However, on 24
August 2007, Mr. Kin died in Phu Yen Province
Hospital. When his family asked for his corpse to
be returned to his home in order to be able to bury
him, the request was refused. The authorities
argued that since Mr. Kin was sentenced to three
years in prison and had not yet finished his prison
term, his body will be buried at the prison. After
the expiration of the three-year term, his relatives
may collect the corpse.
By letter dated 18/12/07, the Government
informed that on 7 August 2006, he was brought
to an open trial by the People's Court of Gia Lai
Province for suspicion that he had carried out
activities violating the existing laws and he was
found guilty. Basing itself on point (b), paragraph 1
of Article 87, point (p), paragraph 1 of Article 46
and point (a), paragraph 1 of Article 48 of the
Penal Code, the People's Court of Gia Lai
Province sentenced Kpa Kin to 11 years'
imprisonment. He carried out his sentence at
Xuan Phuoc Prison. He enjoyed medical care,
regular health examinations in accordance with
provisions of the existing laws, and he was
allowed to follow the vocational training course in
the prison. Early July 2007, he felt tired and had a
poor appetite. The medical doctors of the prison
examined his health and he was diagnosed with
liver cancer. On 13 July 2007, Kpa Kin was
admitted to the clinic of the prison for health care
and medical treatment, but his illness did not
recede. On 24 July 2007, he was sent to a general
hospital of Phu Yen Province. At this hospital, he
was given wholehearted and thoughtful care by
doctors and his family members, but due to his
liver cancer he passed away on 24 August 2007.
Immediately after he died, the Board of
Superintendents of the prison made an
announcement to his family, local administration
where he had his permanent residence, and the
People's Court of Phu Yen Province in order to
follow the rules of procedures to register the death
of a prisoner in accordance with provisions of the
274.
19/10/07
JAL
Para
Country
Date
Type
Mandate
Allegations transmitted
Government response
A!HRC/7/3/Add. 1
page 332
Para
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Government response
laws. During his hospitalization at the general
hospital of Phu Yen Province, the Board of
Superintendents of the prison informed his family
of his health status so that his family members
could take care of him. His wife stayed in the
hospital until he died. She witnessed the passing
away of her husband and signed the minutes on a
forensic examination identifying the cause of her
husband's death, namely because of his liver
cancer. After he died, members of his family and
clan went to the hospital to prepare for his funeral.
They requested (in writing) the Board of
Superintendents of the prison to make
arrangements to bury him at a cemetery of Phu
Yen Province. On behalf of his family and clan, his
stepfather wrote to express thanks to the doctors
of the hospital. He also wrote to the cadres of the
prison for their wholehearted care accorded to
Kpa Kin during the time of his illness and for
providing his wife with accommodation, and to the
superintendents for providing all the costs for the
funeral and financial assistance to cover the travel
costs of his family members. He confirmed that his
family and clan did not have any complaint about
the death of Mr. Kpa Kin.
275.
Yemen
08/02/07
UA
TOR
Qursan Ahsan Qursan, a farmer, ‘Abdullah
Mohamed Saliha, ‘Ali ‘Abdulla Tahoos, Ibrahim
al-H uthi and about 50 other persons whose
identities are unknown. Qursan Ahsan Qursan,
‘Abdullah Mohamed Saliha and ‘Ali ‘Abdulla
Tahoos were arrested by members of the armed
forces in the Sala area of Sa'da on 29 January
2007. Ibrahim al-H uthi was arrested by security
A!HRC/7/3/Add. 1
page 333
Para
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Date
Type
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Allegations transmitted
Government response
forces at the airport in Sanaa on 1 February 2007.
He is the brother of Hussain Badr al-Din al-Huthi,
Shi'a Zaidi cleric and former member of the
Yemeni Parliament, who was killed in September
2004 during clashes with Government forces. The
detention of these four men and of about 50 other
unidentified persons followed clashes between
security forces and members of the Shi'a Zaidi
community in Sa'da in northern of Yemen, at the
end of January 2007. All of them are held
incommunicado in undisclosed locations.
276.
14/06/07
JUA
WGAD;
TOR
Nabil Mohamed Alaazi al-Mutawakael, aged 32,
from Sanaa, Ali Mohamed Ahmed al-Abiad, a
20y-year-old student from Sanaa, Muamar al-
‘Abdali, a 34-year-old student, Basam al-
Humaidan, aged 25 and his brother, ‘Ali al-
Humaidan, aged 18. They wre arrested by
security forces between 16 February and 6 June
2007 in relation to suspected links with followers
of the opposition figure and cleric Al-Huthi. Their
current whereabouts are unknown.
277.
25/06/07
JUA
HRD; IJL;
TOR
Maamar Mohamed Ahmed Salah al-Abdelli, an
academic, president of the Committee for
Freedom of Conscience and the Release of
Political Prisoners, and correspondent of the non-
governmental organization Al-Karama for Human
Rights. On 26 May 2007, Mr. Al-Abdelli was
arrested on the campus of the University of Sanaa
by unknown persons. Since then, he has been
detained at the Al-Amn Assiyassi intelligence
facilities of Sanaa. He has been denied access to
a lawyer and his family.
A!HRC/7/3/Add. 1
page 334
Para
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Date
Type
Mandate
Allegations transmitted
Government response
278.
15/08/07
JUA
WGAD;
FRDX; IJL;
TOR
‘Abbas al-'Assal, aged 42, and Nasser al-
‘Awlaqi, aged 40. They were arrested on 2
August 2007 by security forces together with other
retired soldiers, including Brigadier Nasser al-
Nouba and Mr. Shallal Ali Shaya, who were
released on 7 August. The arrests were carried
out following a protest in form of a “sit-in” at
Liberty Square in central Aden. The protesters
intended to voice their concern that their pension
payments had either not been made or been
significantly delayed. Security forces dispersed
the protesters using tear gas, water cannons and
live ammunition. Several persons were injured
and it is feared that one protester was killed. Mr.
‘Abbas al-'Assal and Mr. Nasser al-'Awlaqi
continue to be held in incommunicado detention at
Sheikh Osman Police Station in Aden without
access to family members or lawyers. The reason
for their arrests and continued detention and
whether they have been charged with any offence
is still unknown.
279.
04/09/07
JAL
FRDX;
HRD; TOR
Abdel Karim al-Khaiwani, a former editor of the
online newspaper Al-Shoura. On 27 August 2007,
he was abducted by six gunmen wearing civilian
clothes outside the offices of the weekly
newspaper Al-Nedaa in central Sana'a. It appears
that at least one of his abductors was a Yemeni
security service officer. Mr. A-Khaiwani was then
blindfolded and forced into a vehicle. On the way
to a remote area in the outskirts of Sanaa he was
interrogated, kicked and beaten in his face, which
caused an injury to his eye. The gunmen also put
the fingers of Mr. Al-Khaiwani's writing hand into a
A!HRC/7/3/Add. 1
page 335
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Allegations transmitted
Government response
metal finger cutter. Upon arrival he was beaten
again on the face and chest. The gunmen
threatened to kill Mr. Al-Khaiwani and his family if
he continued to write “words harmful to
government officials orto national unity”. They
also confiscated his passport, identification card
and cell phone before leaving him. Mr. Al-
Khaiwani's home had been raided in June 2007,
when he was last detained by the security
services. According to reports, since 2005 six
other journalists have been the target of assaults
that were believed to be politically motivated .
280. 03/10/07 JUA WGAD; Adel Ferhane al-Fellahi, a 34-year-old Iraqi
MIG; TOR national, teacher, and resident of Sanaa since
2002. He was arrested by agents of the
intelligence services (Al- Amn Assiyassi) in Sanaa
on 16 January 2007. He was secretly detained in
their premises for more than two months before
being transferred to an administrative detention
centre for persons to be expelled in late March.
On 18 April 2007, he was returned to the
headquarters of the intelligence service in Sanaa,
where he is still being held in incommunicado
detention. No charges have been brought against
him. A request for release dated 15 August 2007,
filed with the Prosecutor General of Sanaa, has
not been answered.
281.
01/11/07
JUA
WGAD;
Muhammad Ahmed ‘Abdullah al-Shawi. On 12
FRDX;
October 2007, he was arrested at the airport in
TOR
Sana'a by officers from the national security
forces. Mr. ‘Abdullah al-Shawi had just returned
from receiving medical treatment in Egypt, and
still needs regular medical checkups. Since his
A!HRC/7/3/Add. 1
page 336
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Date
Type
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Allegations transmitted
Government response
arrest he has been held in incommunicado
detention and his current whereabouts are
unknown.
282.
Follow-up
to past
cases
Amina Ali Abduladif (E/CN.4/2006/6/Add.1,
para. 546).
By letter dated 10/12/07, the Government
informed that the case has been closed and
finalized. She has been released on 9 October
2007, based on the victim's family's decision to
waive their retribution rights.
283.
A. M. S. A. (A/HRC/4/33/Add.1, para. 336)
By letter dated 2 July 2007, the Government
replied that Mr. Adil Saif al-Maamari' was
executed on 31 January 2007, having admitted to
the murder of which he was accused, in
accordance with the decision of the Primary Court,
the Yemeni Supreme Court and the Supreme
Council signed on 31 January 2007. Confirmed
documentary evidence stated that Mr. Adil Saif al-
Maamari' was 18 years old when he committed
the crime.
284.
Zimbabwe
19/01/07
JAL
FRDX;
TOR
Nyamutata Margaret, aged 52, associated with
the Movement for Democratic Change. On 12
December 2006, as she was reading flyers at C-
junction, ZANU PF youth police arrested her and
took her to Makoni Police Station, where she was
severely beaten by several officers. On the next
day at around 6 p.m. she was taken to Harare
Central Police Station. She was released on 14
December2006 at 11 a.m. As a result of the
beating, Ms. Nyamutata suffers from pain in her
By letter dated 8 May 2007 the Gouvernment
replied that Nyamutata Margaret was arrested on
12 December 2006 for contravening sectin 41 (b)
of the Criminal Law Codification and Reform Act,
Chapter 9: 23 for “Behaving in a threatening,
abusive and insulting manner intending to provoke
the breach of peace” by the police. She paid an
admission of guilt fine without any undue
influence. Nzimba Kelvin was assaulted by two
persons following a dispute. However, these
A!HRC/7/3/Add. 1
page 337
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Date
Type
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Allegations transmitted
Government response
head, shoulders, legs, feet, back, stomach and
impaired concentration and sleep disturbances.
She has bruises on her back, arms, face, thighs
and buttocks. Nzimba Kevek, a 32-year-old
farmer, resident at Chibara Primary School, Mt.
Darwin, and an activist with the Movement for
Democratic Change. On 7 December 2006, he
was assaulted by members of the ZANU PF youth
police with bricks and stones. The assault resulted
in severe pain in his head shoulders, legs, feet,
chest and back. Since the incident Mr. Nzimba
also suffers from sleep disturbances.
individuals do not belong to what was referred to
as “ZANU PF youth police.” Such a police unit
does not exist. The two assailants were charged
with contravening section 46 of the Criminal Law
Act, Chapter 9:23 and each paid admission of guilt
fines at Dotito Police Station. Nzimba Kelvin did
not sustain any serious injuries.
285.
20/03/07
JUA
WGAD;
FRDX;
TOR
On 11 March 2007 police arrested around 50
opposition activists in connection with a “prayer
meeting” organized by the “Save Zimbabwe
Campaign” of Harare, which was declared illegal.
Police had imposed a temporary ban on rallies
and demonstrations on the basis of section 24 of
the Public Order and Security Act (POSA). As
citizens approached the sports field where the
meeting was to be held on 11 March 2007, riot
police forcefully blocked the entrance to the
grounds and fired tear gas onto the crowds. Gift
Tandare, the Youth Chairperson of the National
Constitutional Assembly (NCA) was shot dead.
On 11 March 2007, various leaders and members
of the Movement for Democratic Change (MDC)
and 50 more activists were arrested and detained
in different police stations in connection with the
said meeting. The detainees included: Morgan
Tsvangirai, president of MDC, Arthur
Mutambara, senior official of MDC and Ms.
Grace Kwinjeh, MDC's deputy-secretary for
A!HRC/7/3/Add. 1
page 338
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Date
Type
Mandate
Allegations transmitted
Government response
international relations, who were beaten and
seriously injured while in police custody.
Chamisa, the current spokesperson of MDC,
Tendai Biti, the secretary general of MDC and
member of Parliament for Harare-East, Ms. Sekai
Holland, Elton Mangoma of MDC, and
Lovemore Madhuku, a known civil society
activist, and chairperson of the NCA, were also
detained. The latter two were severely beaten
while in police custody. None of them received
medical attention while in detention. Harrison
Nkomo, the legal representative for the arrested
parties, was not only denied access to his clients,
but was himself assaulted for seeking to protect
their rights. All the above detainees were released
following the order of the High Court on 12 March,
to allow the arrested opposition leaders to be
seen by medical doctors and their lawyers, to be
brought to court by 12 p.m. on 13 March. Several
participants of the meeting are said to have
sustained injuries following excessive use of force
by riot police, in their attempt to disperse the
demonstrators. Moreover, arrests have been
reported in Masvingo and in Mutare, where 125
activists of the opposition have been picked up. In
addition, student leaders at the University of
Zimbabwe, Zwelithini Viki and Kudakwashe
Mapundu, who were arrested for distributing fliers
calling for the meeting, are still detained at Harare
Central Police Station. On 13 March, the vice-
president of Zimbawe National Students Union
(ZINASU) was arrested in Masvingo, Lynnette
Mudehwe, information and publicity secretary of
A!HRC/7/3/Add. 1
page 339
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Date
Type
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Allegations transmitted
Government response
FRDX;
SUMX;
TOR;
ZINASU, and a youth activist, Sydney Chisi are
currently being held at Southerton Police Station
together with others 6 activists. On 13 March
2007, police prevented and forcefully dispersed
another crowd that had gathered to attend the
funeral of Mr. Tandare in Glen View, which also
resulted in several injuries including the shooting
of two MDC activists at point blank in the early
hours of the morning. The two, Mr. Nickson
Magondo and Mr. Naison Mashambanhaka were
among a group of about 500 mourners observing
a vigil. The two are said to be recuperating in
hospital. Finally, it is reported that on 17 March
2007, Arthur Mutambara, Sekai Holland and
Grace Kwinje were re-arrested, the latter two
being under armed guard in their hospital beds.
On 18 March 2007, Mr. Chamisa was severely
beaten by unknown men at Harare airport when
he was on his way to attend an Africa Caribbean
Pacific-EU meeting in Belgium.
On 29 March 2007, Edward Chikombo, a
cameraman for the state broadcaster Zimbabwe
Broadcasting Corporation (ZBC), was abducted
by armed men from his home in a township
outside the capital Harare. His body was found a
few days later, in bushes 50 miles west of Harare.
Mr. Chikombo was a sympathizer of the
opposition Movement for Democratic Change
(MDC) and his murder could be linked to the
dissemination, out of Zimbabwe, of television
images of the opposition leader Morgan
Tsvangirai after he was beaten up by police on 11
March. On 1 ADril 2007. Dolice arrested Mr. Gift
By letter dated 4/09/07, the Government informed
that the Zimbabwe Republic Police is not aware of
any beatings on Gift Phiri while he was in police
custody or the motive for the alleged kidnapping
and subsequent death of Edward Chikomba.
Regarding Gift Phiri, he is a stringer for a weekly
newspaper, “The Zimbabwean.” Gift Phiri was
practicing journalism without having been
accredited by the Media and Information
Commission, which is a statutory requirement
under the Access to Information and Protection of
Privacy Act, Chapter 10:27, for all practicing
iournalists. On 1 ADril 2007. he was arrested and
286.
02/05/07
JAL
A!HRC/7/3/Add. 1
page 340
Para
Country
Date
Type
Mandate
Allegations transmitted
Government response
Phiri, a reporter of the exiled weekly The
Zimbabwean and beat him severely while in
detention. On 5 April, he was released on bail,
and immediately hospitalized for treatment. He
has been charged with “practicing as a journalist
without accreditation and publishing false news”.
detained by the police. At no time was he
assaulted while in police custody. On 5 April, he
was taken to court where he was remanded out of
custody to June 4. While in court, Gift Phiri never
raised any allegations of assault by the police
while in custody. It is custom in Zimbabwe that all
suspects brought to court are asked by the
presiding magistrate if they have any complaints
against the police or about their treatment while in
custody. If such complaints had been raised at
this stage, the magistrate would have, as is the
norm, ordered that an investigation into the
allegations be looked into before the case the
suspect is facing goes to for trial. He last
appeared in court on 4 June and the case was
remanded to 9 July for trial. Regarding Edward
Chikomba, at the time of his alleged kidnapping
and subsequent death, he was not a cameraman
for the state broadcaster (Zimbabwe Broadcasting
Corporation) as was alleged. He was retrenched
together with others during the retrenchment
exercise carried out by the ZBC in 2001. The
circumstances of his disappearance are that on 29
March 2007, at around 6 p.m., it is alleged that Mr.
Chikomba was bundled into an Isuzu twin cab as
he was about to get to his house. Four men are
said to have been involved in the abduction. The
truck is said to have driven at high speed towards
the city centre of Harare. On the same day his
relatives who indicated that they had heard him
shouting for help as he was taken away made a
report at Glenview Police Station. The police
opened a kidnapping docket. On 1 April, his body
A!HRC/7/3/Add. 1
page 341
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Date
Type
Mandate
Allegations transmitted
Government response
was found at Old Lands farm in Darwendale. The
police took it to Chinhoyi Hospital mortuary, and
the body was collected on 5 April by a relative for
burial. The Criminal Investigation Departement is
carrying out an investigation of the murder in
connection with the case. So far no one has been
arrested in connection with the case.
287.
12/06/07
JUA
WGAD;
FRDX;
HRD; IJL;
TOR
Members of the Women and Men of Zimbabwe
Association (VVOZA-MOZA).On 6 June 2007,
around 200 members of the Women and Men of
Zimbabwe Association (VVOZA-MOZA) undertook
a silent and peaceful march through the city of
Bulawayo to launch a document entitled “Ten
steps to a new Zimbabwe”. The Association was
also expressing its concern that Zimbabwean civil
society was excluded from the ongoing dialogue
initiated by the Movement for Democratic Change
(MDC) and mediated by South African President
Thabo Mbeki, creating the danger that pertinent
issues on civil, political, economic and social
rights and democracy would be given not enough
attention. After having walked one block, one
group of participants was violently dispersed by
the riot police . Five WOZA members, namely Ms.
Rosemary Sibiza, Ms. Angeline Karuru, Ms.
Martha Ncube, Ms. Sangeliso Dhlamini and Ms.
Pretty Moyo, were badly beaten with baton
sticks, arrested and detained at Bulawayo Central
Police Station. Upon hearing that five of their
colleagues had been beaten, another group of
women went to the police station. The police
officers then assaulted the women, before
arresting Ms. Jenni Williams, WOZA National
By letters dated 19/06/07 and 4/09/07, the
Government informed that this is not the first time
that the Woman of Zimbabwe Arise (WOZA) has
deliberately violated the laws of Zimbabwe with
the sole intention of attracting the attention of
human rights groups. Similar allegations have
been raised and responded to before. Laws are
put in place to regulate human behaviour in the
absence of which would be chaos and a
breakdown in law and order. Such laws are not
unique to Zimbabwe, but are also found in most
other countries including those which claim to be
first democracies. For as long as a section of the
society makes it its prime concern activity to
violate the laws of the country, the police as
custodians of the law will not tire in enforcing such
laws, even if they are deemed to be unpopular.
The police is fully commited in the observance of
human rights. Courses on human rights are part of
the teaching curriculum. On 6 June 2007, a group
of about 30 members of WOZA converged at the
Bulawayo city centre with the intention to hold an
illegal demonstration. At about 11:30am the group
started to march along George Silundika Street
between 8 th and 9 th Avenue. They were waving
placards denouncing the President of South
A!HRC/7/3/Add. 1
page 342
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Date
Type
Mandate
Allegations transmitted
Government response
Co-ordinator and Ms. Magodonga Mahlangu,
another WOZA leader. Following the arrest of the
WOZA women, attorney Kossam Ncube went to
the police station to represent them. At the police
station, superintendent accused him of being
“unethical” and “irresponsible” and stated that
lawyers had no business at the police station as
he sought to speak to his clients. He also ordered
Mr. Ncube to leave and pushed him out of the
station. On 7 June 2007, Mr. Ncube tried again to
meet with his clients but was denied access by
the police.
Africa, Thabo Mbeki's mediation in Zimbabwe.
The police ordered the demonstrators to disperse
and five members who defied the order were
arrested. Those arrested were Sizimisele Ndlovu,
aged 23, Samkeliso Dlamini, aged 38, Angeline
Karuru, aged 25, Rosemary Siziba, aged 43, and
Martha Ncube, aged 47. They were taken to the
police station. Meanwhile another group of WOZA
members numbering about 25 and led by
Jennipher Williams and Magodonga Mhlanga
regrouped and marched towards Central Police
Station, where they staged a demonstration in
solidarity with their arrested colleagues. This
group was also ordered to disperse by the Officer
in Charge of the police station. They did not hand
themselves over as alleged in some circles. While
at the station, they were allowed access to their
lawyers Cossam Ncube and Caca Phulu of
Goglan and Welsh legal practitioners. Ironically,
the said lawyers are reported to have arrived at
the police station and sought to see their clients
well before the arrest of their clients. At no stage
were the accused denied access to their lawyers.
The first group of five accused persons were
charged in relation to criminal nuisance, taken to
court on 8 June, remanded out of custody to 21
June on $100,000. Jenniphervvilliams and
Magodonga Mhlanga were charged with
participating in an unlawful demonstration and
criminal nuisance. They were released on
$100,000 bail and will appear in court on 22 June
2007.
A!HRC/7/3/Add. 1
page 343
Beloved Chiweshe, the Secretary-General of the
Zimbabwe National Students' Union (ZINASU),
and Munjodzi Mutandiri, former President of
Chinhoyi University of Technology (CUT)
Students' Union. On 26 June 2007, at
approximately 6 p.m., they were driving to
Sotherton when their car was intercepted by
police who ordered them to go to Sotherton Police
Station. At the police station, Mr. Chiweshe and
Mr. Mutandiri were identified as having appeared
on a list of activists currently being sought by the
Government. They were questioned as to the
whereabouts of other known activists. Mr.
Chiweshe and Mr. Mutandiri were then forced
onto a truck and brought to a sewer discharge
river where they were instructed to drink the
sewer water and perform 83 press-ups in honour
of President Mugabe's age and 27 to represent
Zimbabwe's national sovereignty. Mr. Mutandiri
collapsed as a result. After taking their belongings,
including their clothes, mobile phones and money,
the police left them in the river where they were
found two hours later. The two are currently
receiving medical treatment.
By letter dated 10/12/07, the Government
informed that the police does not have any record
of this matter. It is puzzling that academics at the
highest institutions of learning would sink so low
as to fail to know that if they are assaulted, ill-
treated or handled in any manner that constitutes
an offence in a democratic country such as
Zimbabwe, the first port of call would be a police
station where such threats are reported and
investigations instituted. True the perpetrators of
the alleged assault could have been police officers
from Southerton as alleged, but Southerton is not
the only police station in the country. They should
have made a report immediately or any time after
the alleged ill-treatment. Given that the two were
so ignorant of this fact, by virtue of their level of
education should at least have been brave
enough to consult other members of the student
fraternity, as to the way forward when face with
such a situation. Therefore, it is puzzling that
learned people of the caliber of Mr. Chiweshe and
Mr. Mutandiri want to blame the police or the
Government of inaction when it is clear that no
report of the alleged treatment was ever made to
the police, an institution that has the sole duty of
investigating all cases brought before it. One
would not be amiss in concluding that the
allegations are completely false and only meant to
tarnish the image of the Government and its
various arms like the police. In the absence of an
official report there is little the police can do to
investigate the allegations.
288.
20/07/07
JAL
HRD; TOR
Para
Country
Date
Type
Mandate
Allegations transmitted
Government response
A!HRC/7/3/Add. 1
page 344
Appendix
Model questionnaire to be completed by persons alleging torture or their representatives
Information on the torture of a person should be transmitted to the Special Rapporteur in written
form and sent to:
Special Rapporteur on Torture
do Office of the High Commissioner for Human Rights
United Nations Office at Geneva
CH-121 1 Geneva 10, Switzerland
E-mail: urgent-action ohchr. org
Although it is important to provide as much detail as possible, the lack of a comprehensive
accounting should not necessarily preclude the submission of reports. However, the Special
Rapporteur can only deal with clearly identified individual cases containing the following
minimum elements of information.
I. Identity of the person(s) subjected to torture
A. Family Name
B. First and other names
C. Sex: Male Female
D. Birthdateorage
E. Nationality
F. Occupation
G. Identity card number (if applicable)
F. Activities (trade union, political, religious, humanitarian! solidarity, press, etc.)
G. Residential and!or work address
A!HRC/7/3/Add. 1
page 345
II. Circumstances surrounding torture
A. Date and place of arrest and subsequent torture
B. Identity of force(s) carrying out the initial detention and/or torture (police, intelligence
services, armed forces, paramilitary, prison officials, other)
C. Were any person, such as a lawyer, relatives or friends, permitted to see the victim during
detention? If so, how long after the arrest?
D. Describe the methods of torture used
E. What injuries were sustained as a result of the torture?
F. What was believed to be the purpose of the torture?
G. Was the victim examined by a doctor at any point during or after his/her ordeal? If so,
when? Was the examination performed by a prison or government doctor?
H. Was appropriate treatment received for injuries sustained as a result of the torture?
I. Was the medical examination performed in a manner which would enable the doctor to
detect evidence of injuries sustained as a result of the torture? Were any medical reports or
certificates issued? If so, what did the reports reveal?
J. If the victim died in custody, was an autopsy or forensic examination performed and which
were the results?
III. Remedial action
Were any domestic remedies pursued by the victim or his/her family or representatives
(complaints with the forces responsible, the judiciary, political organs, etc.)? If so, what was the
result?
IV. Information concernin2 the author of the present report :
A. Family Name
B. First Name
C. Relationship to victim
D. Organization represented, if any
E. Present full address
