UNITED
NATIONS
General Assembly Distr.
GENERAL
AIHRCI1 0/44/Add.4
17 February 2009
ENGLISWFRENCH/SPANISH
ONLY
HUMAN RIGHTS COUNCIL
Tenth 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 as received in the languages of submission only as it
greatly exceeds the page limitations currently imposed by the relevant General Assembly
resolutions.
A
GE.09-11084 (E) 100309
A!HRC/1 0/44/Add.4
page 2
CONTENTS
Paragraphs Page
Introduction 1 - 5 5
Abbreviations - 7
Summary of allegations transmitted and replies received 1 - 270 8
Algeria 1-5 8
Australia 6 10
Azerbaij an 7 - 9 11
Bahrain 10 - 14 15
Bangladesh 15 - 18 25
Belarus 19-20 30
Bolivia 21 36
Brazil 22 - 23 41
Bulgaria 24 42
Cambodia 25 43
Canada 26 45
Chad 27 47
Chile 28 - 29 48
China (People's Republic of) 30 - 54 53
Colombia 55 - 56 77
Czech Republic 57 81
Democratic People's Republic of Korea 58 84
Democratic Republic of the Congo 59 84
Ecuador 60 85
Egypt 61-67 86
Equatorial Guinea 68 - 69 95
Ethiopia 70 - 71 98
Fiji 72 99
France 73 - 74 100
Georgia 75 104
Guatemala 76 109
Guyana 77-79 110
A!HRC/1 0/44/Add.4
page 3
CONTENTS (continued)
Paragraphs Page
Hungary 80 115
India 81-89 116
Indonesia 90-94 131
Iran (Islamic Republic of) 95 - 122 139
Israel 123 - 124 169
Italy 125 171
Kazakhstan 126 - 128 173
Kenya 129 182
Kuwait 130 183
Kyrgyzstan 131 - 136 185
Lao (People's Democratic Republic) 137 193
Latvia 138 193
Lebanon 139 194
Libyan Arab Jamahiriya 140 199
Malaysia 141 - 144 200
Mauritania 145 210
Mexico 146 212
Mongolia 151 - 152 221
Morocco 153 - 156 225
Myanmar 157- 161 234
Nepal 162 - 164 238
Pakistan 165 - 171 242
Philippines 172 - 174 250
Republic of Korea 175 258
Russian Federation 176 - 181 261
SaudiArabia 182-191 277
Slovakia 192 287
Somalia 193 - 194 290
Spain 195 291
Sri Lanka 196-200 292
Sudan 201-212 303
A!HRC/1 0/44/Add.4
page 4
CONTENTS (continued)
Paragraphs Page
Sweden 213 - 214 329
SyrianArabRepublic 215-222 334
Thailand 223 - 227 340
Tunisia 228-237 352
Turkey 238 365
Turkmenistan 239 367
Uganda 240 368
Ukraine 241 371
United Arab Emirates 242 375
United Kingdom of Great Britain and Northern Ireland 243 - 245 376
United States of America 246 - 254 377
Uzbekistan 255 - 261 390
Venezuela (Bolivarian Republic of) 262 - 263 397
Yemen 264-266 401
Zimbabwe 267 - 270 404
Appendix - Model questionnaire to be completed by persons alleging torture
or their representatives 418
A!HRC/1 0/44/Add.4
page 5
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 16 December 2007-14 December 2008, the Special Rapporteur
sent 77 letters of allegations of torture to 48 Governments and 155 urgent appeals to
49 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 2008 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:
(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?
A/HRC/1 O/44/Add.4
page 6
(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?
Abbreviations
A!HRC/1 O/44/Add.4
page 7
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
SUIIVIX
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 ofjudges 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
LIE
Independent expert on the situation of human rights in Liberia
SALE
Special Rapporteur on the sale of children, child prostitution and
child pornography
MMIR
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
SUDAN
Special Rapporteur on the situation of human rights in the Sudan
AL
Allegation letter
JAL
Joint allegation letter
UA
Urgent appeal
JUA
Joint urgent appeal
CJQ
C D
Summary of allegations transmitted and replies received
Para.
Country
Date
Type
Mandate
Allegations transmitted
Government response
1.
Algeria
23/07/08
JUA
WGAD:
TOR
Abderrahmane Mehalli (A/HRCI7I3IAdd.1.
para. 2). Nous voudrions vous remercier pour
votre réponse datée du 26 juin 2007.
M. Abderrahmane Mehalli, qui avait été détenu a
la prison de Serkadji depuis décembre 2006,
aurait récemment été transféré a la prison
d'El Harrach. Des agents du Département pour la
Sécurité et le Renseignement (DRS) seraient
venus a la prison a plusieurs reprises. A chaque
fois, ils auraient d'abord déshabillé M. Mehalli
avant de l'abuser sexuellement.
2.
Follow-up
to earlier
cases
Fethi Hamaddouche (A/HRC/7/3/Add.i.
para. 4)
Par lettre datée du 02/01/08. le Gouvernement
a indiqué que Monsieur Hamaddouche Fethi a
été interpellé par les officiers de police
judiciaire militaire dans le cadre d'une affaire
d' appartenance a une organisation terroriste.
Après sa garde a vue. l'intéressé a été assigné a
residence en vertu d'une decision du Ministre
de l'Intérieur et des Collectivités locales.
3.
M. X. (A/HRC/7/3/Add. 1. para. 5)
Par lettre datée du 22/04/08. le Gouvernement
a indiqué que trois ressortissants algériens aux
initiales << V >>. << I >> et << X >> ont été
effectivement expulsés de Grande Bretagne
respectivement les 16 et 17 juin 2006 et le
O6juin 2007.
A leur arrivée sur le territoire national. ces
trois personnes ont été interpellées par les
services de police pour examen de situation.
Après leur audition. elles ont été relâchées.
CJQ
C D
I
Para.
Country
Date
Type
Mandate
Allegations transmitted
Government response
4.
M. Kamal Akkache (A/HRC/7/3/Add.l. para. 8)
Par lettre datée du 24/04/08. le Gouvernement
a indiqué que M. Kamel Akkache a été
interpellé le ii septembre 2007 par suite d'une
enquête des services de la police judiciaire
militaire. menée dans le cadre d'une affaire de
dérnantèlernent d'une organisation terroriste.
A la suite de sa garde a vue, l'intéressé a été
mis en liberté puis assigné a residence par
decision du Ministère de l'Intérieur et des
Collectivités Locales, en date du
23 septembre 2007.
5.
10/09/08
JUA
IJL:
TOR
M. Mohamed Rahmouni (A/HRC/7/2. para. 28)
Mohamed Rahmouni. qui aurait été arrété le
18 Juillet 2007 a Bourouba (Alger . serait accuse
d'avoir participé aux attentats des ii avril et
11 juillet 2007. Il serait inculpé <> (article 284 du Code
de justice militaire). un crime qui porte la peine
de mort. M. Rahmouni se trouverait
rnornentanérnent a la prison militaire de Blida.
Depuis son arrestation. M. Rahmouni n'aurait pas
pu voir son avocat. Le 27 aoüt 2008. son avocat
se serait rendu pour la 4ème fois a la prison de
Blida pour rendre visite a son client. Selon une
note qui aurait été laissée par le Président du
tribunal militaire. il serait interdit de voir son
client. Cette interdiction se fonderait sur
l'article 18 du Code dejustice militaire qui
dispose que dans les affaires relatives aux
infractions spéciales. le défenseur choisi par
l'inculpé ne peut assister, défendre ou représenter
ce dernier, tant au cours de l'instruction qu'à
l'audience, que s'il y a été autorisé par le
Président du tribunal militaire permanent saisi;
dans le cas contraire, le défenseur est désigné par
le président. Le Président du tribunal n'aurait pas
motive son refus. En outre, ii n'aurait non plus
désigné un avocat pour défendre M. Rahmouni.
De plus, l'avocat n'aurait touj ours pas pu accéder
au dossier de son client. M. Rahmouni aurait fait
l'objet des mauvais traitements en prison, dont
témoigneraient plusieurs blessures .
6. Australia 14/08/08 AL TOR Transportation of prisoners. In a number of
instances in Western Australia, aboriginal
prisoners in particular, have been subjected to
cruel treatment while being transported between
remote regions of the country. On 1 January 2008,
eight prisoners were being transported from
Broome to Roebourne and made to sit in an
unairconditioned van for four hours. On
27 January, Ian Ward died while being transported
350 km through the desert, transported in a dark,
sealed compartment with no fresh air or
airconditioning in temperatures of around 43°C.
This follows a report by the Inspector of
Custodial Services (See Report No. 43, Thematic
Review of Custodial Transport Services in
Western Australia, May 2007. See also, media
release, “As a New Contractor Takes Over,
Custodial Transport Services Continue to Give
Cause for Concern”, 27 July 2007), which
highlighted a number of concerns in relation to
Para.
Country
Date
Type
Mandate
Allegations transmitted
Government response
t
p
C D
I
Para.
Country
Date
Type
Mandate
Allegations transmitted
Government response
passenger safety and the reliability of the vehicle
fleet. Little inforn iation has been made public
concerning the follow-up to the report.
7. Azerbaijan 24/06/08 JAL FRDX; Emin Huseynov, Chairperson of the Institute /br
HRD; Reporters Freedom ctnd Sct/èty (IRFS ). and
TOR Messrs Rasim Aliyev and Mirrehim Hasanov,
researchers for the organization. The IRFS is a
non-govenirnental journalists' organization
promoting freedom of expression. At midday on
12 June 2008, Emin Huse nov was observing and
filming a protest outside the Presidential
Administration Building in Baku. He was
approached by a number of men in civilian
clothes who detained him and brought him into
the building. He was then interrogated for two
hours by men in military uniforms as to the
reasons for filming, and regarding the work
carried out by the IRFS and the origin of the
organization's funding. Upon his release,
Mr.Huseynov' s confiscated documents and
camera were returned to him. However, all of his
photographs had been removed and he was
threatened with arrest if he returned to that area.
No explanation was given for his detention. On
14 June 2008. Mr.Huseynov was again detained, —
along with Mr.Rasim Aliyev and Mr.Mirrehim —
Hasanov, following a raid by police of an event to
mark the 80 th birthday of Che Guevara, which the
three men were monitoring. These three men,
together with others detained at the event, were
taken to Nasimi District Police Department 22,
where Mr.Huseynov protested against the
CJQ
C D
I
Para.
Country
Date
Type
Mandate
Allegations transmitted
Government response
photographing and fingerprinting of all those
detained. Mr.Huseynov was then separated from
all of the detainees and brought to another room
with four police officers present. One of them told
him I 11 arrest ou I 11 kill I 11 bur/ ou He
was hit on the back of the neck several times with
the handle of a gun, and asked that an ambulance
be called, as he was having difficulty walking.
Shortly thereafter. Mr.Huseynov was taken out of
the room and the police department.
Mr. Huse nov subsequently lost consciousness
and was hospitalized at the Central Emergency
Medical Assistance Hospital where he was
diagnosed with head and brain trauma, but has
since regained consciousness. Messrs. Aliyev and
Hasamov were released approximately seven
hours later.
8.
26/08/08
JUA
WGAD:
FRDX;
HRD;
IJL;
TOR
Novruzali Mammadov. Head of the Tal sh
Cultural Centre, and his son, Mr. E. Mammadov.
Mr. Novnizali Mammadov is a defender of the
cultural rights of the Tal sh people in the south of
Azerbaijan. On 2 Febniarv 2007. Mr. Novnizali
Mammadov was called to the Ministry of Internal
Affairs, where he was interrogated about his
participation at a science conference in Iran in
2004 and beaten. He was released but detained
again on the following day. He was sentenced to
15 days' imprisonment for failing to cooperate
with police officers. This sentence was passed
despite the fact that Mr. Novnilazi Mammadov
was already over 65 and, according to Article 30
of the Administrative Code, citizens of that age
Para.
Country
Date
Type
Mandate
Allegations transmitted
Government response
cannot be sentenced to punishment such as
custodial placement. Mr. Novnilazi spent 15 days
in the Investigation Isolation Centre of the
Ministry of Internal Affairs and was physically
and psychologically pressurized to confess to
espionage. He did not have access to legal support
and his whereabouts were unknown to his
relatives. On 17 Febniar 2007, he was accused
under Article 274 of the Criminal Code of high
treason and espionage. He has been in detention
since then. On 24 June 2008, Mr. Novnizali
Mammadov was sentenced to ten years'
imprisonment following a closed trial. The
charges were related to the gathering of
inforn ation necessary to establish an
administrative autonomy in Azerbaijani territories
with dense Tal sh population and the damaging
of Azerbaij an's image abroad through sending
appeals to international organizations about
human rights violations against Tal sh people.
His lawyer was reportedly not present when the
verdict was aimounced in an empty room. During
his trial Mr. Novnizali Mammadov pleaded not
guilty and testified that he had been subjected to
physical and psychological torture while in —
detention. The forms of torture to which he was
allegedly subjected include beating, deprivation
of food and water. interrogation at night, and
threats against his faniily. He is currently awaiting
the hearing of his appeal in detention at a pretrial
prison. Following the sentencing of Mr. Novnizali
Mammadov. a number of clarifications were
niade with respect to the sentence. However.
these clarifications were reportedly based on
confessions of a journalist which may have been
obtained through torture and ill-treatment. Both
Furthen ore. on 16 July 2008, Mr. Emil
Mammadov. the son of Mr. Navnilazi
Mammadov. was detained for illegal possession
of dnigs. On 19 July 2008, he was sentenced to
three months' pretrial detention before
investigations began. However, because of a
medical condition. Mr. Emil Mammadov always
carried prescription dnigs and no information has
been given by police in relation to the dnigs
found on his person. He is currently detained in
the investigatory jail of the Ministry of Justice
without access to his family or legal
representation, and potentially without access to
the necessary medical care. Mr. Emil Mammadov
and his now deceased brother had reportedly been
abducted and subjected to physical and
psychological ill-treatment in the past.
Para.
Country
Date
Type
Mandate
Allegations transmitted
Government response
CJQ
C D
I
27/08/08
JUA
FRDX:
Sakit Zahidov. poet and journalist at the daily
TOR
newspaper. Azctdlig. On 19 August 2008,
Mr. Sakit Zahidov was visited by his lawyer at
Prison No. 14, located 75 km. from Baku. He was
infonned his lawyer that his life was in grave
danger. One of his fellow inmates was allegedly
provided with scissors and ordered to kill him.
Reports claim that prison authorities may have
instigated the order. Mr. Zahidov immediately
reported the incident to the penitentiary and
requested a transfer to a different prison. A
WGAD;
FRDX;
HRD:
SUMX;
TOR
representative of the prison service met with
Mr. Zahidov and told him that his request will be
positively resolved. According to reports, the
prison authorities have consistently refused to
move Mr. Sakit Zahidov to the prison's medical
department, despite his heart and stomach
ailments, except when he was on hunger strike in
July and again in October 2007. Mr. Sakit
Zahidov was arrested on 23 June 2006, on
allegedly fabricated charges of possession of
illegal narcotics with the intent to distribute. He
was sentenced to three years in prison on
4 October 2006.
All Jassim Meki, a human rights defender
associated with the HAQ Movement of Liberties
and Democracy, the following members of the
Unemployment Committee. Shaker Mohammed
Abdul-Hussein Abdul-Aal, Abdullah Mohsen
Abdulah Saleh, Maytham Bader Jassim
al-Sheikh, Majid Salman Ibrahim al-Haddad,
Ahmad Jaffar Mohammed All. Hassan
Abdulnabi (subject of a previously transmitted
communication. E/CN.4/2006/5 5/Add. 1.
para. 39). Nader All Ahmad al-Salatna. Hassan
Abdelnabi Hassan, and Naji All Fateel. a
member of the Bahrain Youth Society for
Human Rights. Mohammed Abdullah al
Sengais. head of the Committee to Combat High
Prices, and Ebrahim Mohamed Amin-al-Arab.
founding member of the Martyrs and Victims of
Torture Committee. The men are being held at the
Criminal Investigations Department in Adliya. On
By letter dated 26/02/08, the Government
informed that the rioting that occurred on
17 December 2007 coincided with the
Kingdom's celebrations for the glorious
national holiday and endangered the lives and
property of people celebrating the holiday.
Some civil society associations and members
of the Chamber of Deputies alleged that the
police used excessive force in dealing with
these events, and some claimed that the
persons detained were tortured. The Minister
for Internal Affairs explained the position of
the Goveniment to the Chamber of Deputies
on 15 January 2008 in reply to a member's
question about the necessary guarantees to
safeguard human rights. The Minister assured
those present that the general policy of the
Ministry was based on respect for human
rights. In addition, Ministry officials indicated
Para.
Country
Date
Type
Mandate
Allegations transmitted
Government response
10.
Bahrain
10/01/08
JUA
CJQ
C D
I
17 December 2007, a demonstration was held in
the Sanabis area, organized to commemorate
victims of torture. The demonstration was
violently dispersed by members of the riot police
and of the special security force. Tear gas and
nibber bullets were employed by security forces
and some participants were beaten. After the
demonstration. Mr. Ali Jassim Meki returned to
his home, where his condition rapidly
deteriorated. He died some hours later on his way
to hospital. The report of the autopsy conducted
by government-assigned doctors stated that he
died of natural causes. Mr. Ali Jassim Meki's
family requested a second opinion by an
independent specialist, but was reportedly
informed that there was none available in the
country. The human rights defenders were
arrested between 21 and 28 December. All of
them have been accused of having taken part in an
“illegal gathering and rioting” and “theft of a
weapon and ammunition, and possession of a
weapon and ammunition without permission”. For
the first ten days of their detention they were
denied access to their lawyers, and interrogations
carried out inside the detention chambers and at
the Public Prosecutor's office were conducted
without the presence of a lawyer. The Public
Prosecutor refused to pass a copy of the case files,
detailing the charges, to a group of lawyers
defending the activists. Some of the human rights
that the police had not used excessive force
against the rioters and that the detainees had
been taken to a forensic medical examiner.
who had confirmed that none of them had been
tortured and that all the measures taken with
respect to them were in accordance with the
law.
The assertions in regard to the death of Mr. Ali
Jasim Mohamed Maki, and the events that
preceded and followed it are not accurate: the
demonstrators not only gathered illegally but
were also carrying iron spits and Molotov
cocktails. They set a police car on fire and
stole guns from it, and they also attempted to
kill police officers, as some of the accused
persons admitted when questioned by the
Department of Public Prosecutions. No
complaints have been lodged with the
Department of Public Prosecutions concerning
the persons named in the urgent appeal. When
questioned by the Department of Public
Prosecutions, the persons who had been
arrested and placed in preventive detention
said nothing about having been attacked.
Nevertheless, the Department ordered that they
be examined by the forensic medical examiner
to determine whether they had any injuries,
and the forensic report confirmed the absence
of any injuries.
Para.
Country
Date
Type
Mandate
Allegations transmitted
Government response
CJQ
C D
I
defenders have been ill-treated and possibly
tortured while in detention. Visitors from human
rights organizations have been refused access.
Regarding the death of Mr. Ali Jasim
Mohamed Maki, on 17 December 2007 the
competent security departnient was infon ed
by the International Hospital of Bahrain that an
individual had died there and that his body had
been transferred to the morgue of Salmaniva
hospital. Upon receipt of the report, the
Department of Public Prosecutions examined
the body and found no signs of injury. The
Department of Public Prosecutions decided to
fonn a tripartite commission chaired by the
Department's senior forensic pathologist, with
two doctors from Salmaniva hospital as
members, in order to ascertain the cause of
death. After confin ing that the body bore no
injuries, the commission conducted an autopsy
and found that the cause of death was sudden
circulatory arrest. None of the relatives of the
deceased asked the Department of Public
Prosecutions for a second opinion from an
independent specialist. The autopsy was
conducted in the presence of relatives of the
deceased.
The Department of Public Prosecutions
brought 15 accused persons - not human rights
defenders - before the High Criminal Court on
charges of unlawful assembly, setting a police
car on fire, using force and violence
against police officers, stealing firearn s and
parts thereof from cars, and concealing and
possessing weapons without a licence. The
Para.
Country
Date
Type
Mandate
Allegations transmitted
Government response
CJQ
C D
I
Department also brought two other accused
persons before the Criminal Court. on charges
of attempting to kill a police officer and
attempting to set fire to a police car. The
foregoing decisions by the Department of
Public Prosecutions were based on a large
amount of evidence in the fon of confessions
by several of the accused and testimony of
several police officers, in addition to the
results of the examinations. tecirnical reports
and pictures taken of the accused persons
holding a gathering, setting fire to a police car
and stealing weapons from it. All but one of
the accused decided during questioning to
forfeit the right to have a lawyer present;
the lawyer of the one who did decide to ask for
a lawyer was allowed to attend the
examination proceeding. The Department of
Public Prosecutions ordered that all the
necessary facilities be provided to allow any
family members or lawyers of the accused
persons to visit them in their places of
detention if they so wished.
Para.
Country
Date
Type
Mandate
Allegations transmitted
Government response
CJQ
C D
I
Para.
Country
Date
Type
Mandate
Allegations transmitted
Government response
11. 18/01/08 JUA FRDX: Naji All Fateel, Mohammed Abdullah al
RINT; Sengais. Maytham Bader Jassim al-Sheikh.
HRD: Ahmad Jaffar Mohammed All. Hassan
TOR Abdulnabi. Hassan Abdelnabi Hassan, and
Abdullah Mohsen Abdulah Saleh. and
Ebrahim Mohamed Amin-al-Arab (subjects of
a previously transmitted communication, see
para. 10). They are still held in CID detention.
They did not have access to their lawyers for
approximately ten days after they were detained.
Some of the detainees were continually
handcuffed for one to two weeks, including while
they ate and slept. They were refused access to
washing facilities and were forced to lie on a cold
floor and beaten and kicked as soon as they fell
asleep. Some were forced to stand for three days.
They were not permitted to speak to the other
detainees and remained blindfolded for most of
the tinie. The detainees were also not allowed to
pray. Witnesses have seen bniising and marks
apparently stemming from beatings received by
the men during their detention. One detainee was
buried up to his neck and had a gun pointed at
him. Threats were also made regarding the
detainees' families. One of the detainees had a —
stick put in his anus, resulting in rectal
perforation. Shaker Mohammed Abdul-Hussein
Abdul-Aal. Majid Salman Ibrahim al-Haddad.
and Nader All Ahmad al-Salatna were released
on 16 January 2008 . ________________________________________
Mohammed Abdullah a! Sengais, Maytham
Bader Jassim al-Sheikh, Ahmad Jaffar
Mohammed All, Hassan Abdulnabi, Hassan
Abdelnabi Hassan, and Abdu!!ah Mohsen
Abdu!ah Sa!eh, Ebrahim Mohamed
Amin-al-Arab (subjects of a previously
transmitted communication, see para. 10). They
are still held in CID detention. On 10 Febmary,
Mr. Mohammed Abdullah al Sengais was
handcuffed and dragged from his cell to the yard
where he was beaten with an iron rod and
sexually assaulted by two security agents named
“Moftah” and “Parvis” in the presence of
Sergeant Adnan Bahar. He is suffering from back
pain as a result of the assault. He is detained in a
cell measuring 1 x 2 metres, which is both dirty
and infested with insects. Mr. al Sengais
previously complained of severe headaches and
was referred to a psychiatric hospital for treatment
on 24 Febmary, but due to the postponement of
the detainees' court-hearing, this was rescheduled
for 28 Febmary. Naji Ali Fateel and Hassan
Abdulnabi Hassan were subjected to beatings
when they protested the treatment of Mr. al
Sengais. The three men are forced to share their
cells with people suffering from hepatitis, who are
spitting blood in their presence. CID officials
threatened that they will sexually assault
Mr. Hassan Abdulnabi Hassan's wife. One of the
detainees was sodomised with a wooden stick and
subjected to electrocution on different parts of his
By letter dated 16/06/08, the Government
informed that the allegations received are
inaccurate. The individuals in question were
arrested and detained in connection with
criminal inquiries pursuant to specific articles
of Bahrain's criminal law.
The investigations relate to a violent gathering
on 20 December 2007, during which
participants assaulted police officers, set fire to
a police vehicle, and stole a weapon belonging
to police officers. Following investigations,
including eyewitness accounts, technical
reports and analysis of pictures taken at the
gathering, those responsible were identified,
arrested, and brought before the Public
Prosecution for questioning on suspicion of
offences including attempted murder, assault,
illegal assembly, carrying of weapons
(including iron bars and Molotov cocktails),
setting fire to a police vehicle and theft of a
police firearm from that vehicle. The
individuals in questions are suspected of
offences which cannot in any way be linked to,
or justified by reference to, activities as human
rights defenders. Regardless of this
self-claimed status, Bahrain's Constitution and
law apply in the usual manner to these
individuals, who are entitled to all the rights
and procedures set out therein. They have, for
12.
20/02/08
JUA
HRD;
TOR
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body, including his genitals. A court hearing was example, been accorded all their rights of
scheduled for 4 Febniarv. at the High Criminal visitation and legal representation, in
Court but was adjourned until 24 Febniarv. accordance with the law.
While no allegation of assault or mistreatment
was made by these individuals when they first
appeared before the Public Prosecution,
medical examinations were nevertheless
ordered at that time, which subsequently
confin ed that none of the detainees had
sustained any injuries.
The allegation of torture or mistreatment of
Mr. Sengais, Naji Ali Fateel. Hassan
Abdulnabi Hassan. and/or Ma tham Bader
Jassim Al-Sheikh have been found by
investigations to be completely without
foundation. These investigations have included
medical examinations, which concluded that
no evidence could be found of any
mistreatment or abuse.
With regard to Mr. Al-Sengais, he appears to
have been examined and treated at hospital on
30 December 2005 for an earlier head injury
uncoimected to his arrest or detention, and it is
believed that this injury may be behind his
current condition.
All those in custody are held in
adequately-sized cells, which are cleaned daily
and have been accorded all their standard legal
and procedural rights throughout their time in
detention. Further, all prisoners are examined
TOR;
FRDX;
IJL
Arrest of 47 persons over the past four weeks
and the continued detention of 26: A. H. A. H.
A., aged 17: Sayyed Hadi Hameed Adnan
Alawi. aged 28: Mohammed Abbas
Mohammed Au. aged 29: Saleh Au Mohammed
Au Alseeb. aged 30; Hassan Kadhem Ebrahim
Ahmed, aged 30; Ha'med Ebrahim Fardan,
aged 27: Au Mohammed Habib Ashoor.
aged 31; AhmedAli Hassan, aged 35:
Mohammed Makki Mansoor. aged 27: Fadhel
Abbass Mohammed Ashoor, aged 25; Kumail
Ahmed Au Abu-Sharaf: Jassim Mohammed
Habeeb, aged 29; Fadhel Abbass Au Ahmed,
aged 28; Hussain Abbass Au Ahmed, aged 24;
Sayyed-Sadiq Ebraheem Jumma' Ma'jed,
aged 26: Sayyed-Ahmed Hameed Adnan Alawi,
medically before being placed in custody, and,
should any be found to be suffering from a
contagious disease, they are isolated from
other prisoners in individual cells.
The Ministry of Interior has received no
complaints or allegations of torture or
mistreatment by or on behalf of the individuals
in question.
However, during appearances in court.
allegations of torture were made by lawyers on
behalf of some of the defendants. The Court
agreed to establish an investigation into these
allegations, including convening a medical
panel to conduct a medical examination of the
individuals in question.
By letter dated 14/08/08, the Government
informed that the Department of Public
Prosecutions undertook an investigation and
referred the accused persons to the Criminal
High Court. In so doing, a great deal of
evidence was submitted, including confessions
by a number of the accused; confessions in
which some of the accused implicated others
in the same investigation; the testimony of
police officers who had witnessed the incidents
and others who had been present at the scene;
and forensic evidence, reports and photographs
of the accused committing the offence. None
of the persons who were arrested and detained
made any statement when questioned by the
Department of Public Prosecutions about
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13.
24/04/08
JUA
aged 23: Sayyed-Jawad Hameed Adnan Alawi,
aged 30: Sayyed-Omran Hameed Adnan Alawi,
aged 24; Sadeq Jawad al-Fardan. aged 27;
Qasim Mohammed Khaleel Ebraheem, 22:
Hussain Abdul-Kareem Makki Eyd, 24;
Habeeb Mohammed Habeeb Ashoor, aged 20:
Habeeb Ahmed Habeeb Mohammed Abbass,
aged 22; Hussain All Dhaif, aged 28; Hussain
Mohammed Khatam Hussain Mohammed,
aged 28; and Ebraheem Saleh Ebraheem Jaffer,
aged 22. Forty-seven people from the villages of
Karzakkan. Demistan. Sadad and Malekkva were
arrested between 27 March and 15 April 2008,
mostly during house raids by Special Security
Forces, allegedly with the support of the secret
intelligence and an ed militia. In one case, the
person wanted by the security forces was absent,
and his brother. Jassim Mohammed Habeeb,
was arrested instead and taken to Hamad Town
Police Station. He is still in detention despite his
brother surrendering himself at the police station.
Others were arrested after they presented
themselves to the Hamad Town Police Station in
response to official summonses. Of the
47 arrested people, 26 are still in detention,
including one minor. A. H. A. H. A. The
detainees are being held in the premises of the
Criminal Investigations Bureau (CIB) in Adleyya,
Manama. Since their arrests, they have not had
access to lawyers and no visits were allowed.
Some of the detainees were taken before the
Public Prosecutor to have their detention
having been assaulted. The Department of
Public Prosecutions nevertheless ordered a
medical examination of the accused in order to
clarify whether or not they had sustained any
injuries. The medical reports found no
evidence of any injuries. The Department of
Public Prosecutions, at the very outset of the
investigation, gave orders that the accused and
their defence counsel should be provided with
every assistance to facilitate the presentation of
a defence in the framework of the law.
Nothing was done which vitiates the legal
procedures followed by the Department of
Public Prosecutions.
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extended. In addition, Shaker Mohammed
Abdul-Hussein Abdul-Aal. aged 26, from
Hamala (subject of a previously transmitted
communication, see para. 10), was summoned on
15 April 2008 to Hamad Town Police Station,
from where he was transferred to an unknown
place. Since then, his whereabouts are unknown.
Mr. Abdul-Hussein Abdul-Aal had briefly been
detained on 2 Febniarv 2007 for delivering a
speech criticizing the government, arrested again
on 21 December 2007, along with other members
of the Committee for the Unemployed, in relation
to the December protests, and released a month
later. Allegations were received that he was
subjected to torture including being blindfolded
and handcuffed for several days. hung by the
arnis for two days and exposed to electric shocks
during his detention. The arrests were triggered
by two violent incidents: the burning on
6 March 2008 of a farni belonging to a former
high government official and the killing on
9 April of a member of the Special Security
Forces.
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14.
30/05/08
JUA
WGAD;
Shaker Mohammed Abdul-Hussein Abdul-Aal,
By letter dated 14/08/08, the Government
FRDX;
aged 26, Sadeq Jawad Ahmed Al-Fardan,
informed that the Department of Public
HRD;
aged 27, and Hasan Kathom Ebrahim Ahmed,
Prosecutions launched an investigation and
IJL:
aged 30, members of the Unemployment
referred the persons to the High Criminal
TOR
Committee; All Mohamed Habib Ashoor, aged
Court. It submitted a range of evidence, the
31, and Habib Mohamed Habib Ashoor, aged
most important being: confessions by a
20, of the Committee for Detainees; Fadhel
number of the accused; confessions
Abbas Mohamed Ashoor, aged 25, of the
implicating some of the other defendants;
Committee Against High Prices; and Sayed
witness statements from policemen and others;
Omran Hameed Adnan. aged 24, of the
Committee Against One Percent. We
acknowledge the receipt of the reply of your
Government dated 26 Febniarv 2008. Since their
arrest in early April 2008, Messrs Shaker
Mohammed Abdul-Hussein Abdul-Aal. Sadeq
Jawad Ahmed Al-Fardan. Hasan Kathom
Ebrahim Ahmed. Au Mohamed Habib Ashoor.
Habib Mohamed Habib Ashoor. Adhel Abbas
Mohamed Ashoor and Saved Omran Hameed
Adnanhave have reportedly been tortured, beaten,
held in solitary confinement and deprived of food
and sleep. A fonn of torture known as Falaqah
has been applied on theni, whereby a hard stick is
inserted between the detainee's cuffed hands and
tied legs, and then used to suspend the detainee in
the air for hours with his legs facing upwards and
his blind-folded head facing downwards. The
detainee's feet are then beaten until he makes a
confession or loses consciousness. The men are
reportedly held without charge or access to
lawyers and access to families had been restricted.
forensic evidence and reports; and photographs
showing the accused committing the offences.
Although the persons who were arrested and
detained did not complain to the Department
of Public Prosecutions when interviewed about
any assault, the Department ordered that they
should be examined by a police doctor to
ascertain whether they had sustained any
injuries as a result of any assault. The medical
reports found no sign of injuries. From the
outset of the investigation into these incidents,
the Department of Public Prosecutions ordered
that the detainees should be provided with frill
legal guarantees, in order to enable the accused
to present their legal defence in the presence of
their defence counsel and in the framework
established by law and to ensure that nothing
would mar the integrity of the legal procedures
followed by the Department of Public
Prosecutions. The acts perpetrated by the
accused are beyond the scope of freedom of
opinion and freedom of expression and
constitute offences punishable by law under
the Criminal Code.
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15.
Bangladesh
08/02/08
JUA
FRDX;
Jahangir Alam Akash, coordinator of the Task
By letter dated 29/05/08, the Government
HRD;
Force against Torture in Rajshahi, regional
infonned that Mr. Akash is a yellow jounialist
TOR
coordinator of the Bangladesh Institute of Human
and was engaged in many illegal activities by
Rights (BIHR), bureau chief of a private news
using his journalist profession as a shield. No
television chaimel, CSB News, and a journalist
complaint has been lodged either by
for the Daily Sangbad. a Dhaka-based national
Mr. Akash or on his behalf to the police or a
newspaper (subject of a previously transmitted
court. The results of an investigation showed
communication. A/HRC/7/3/Add. 1. para. 21). On
that there was no physical and mental torture
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8 November 2007, a magistrate ordered that the
first case against Mr. Alarn Akash be dismissed.
However, following the intervention of the
Ministi-v of Home Affairs, a new case was opened
on 25 November 2007. On 2 January 2008, the
High Court niled that it staved this case for three
months as the legality of that action was in
question. A warrant for the re-arrest of Mr. Alam
Akash was issued on 7 January 2008.
was made against him. What has been done is
clearly in confonnitv with law. No human
rights violation has occurred in connection
with his arrest.
16.
26/05/08
JAL
SUMX:
TOR
Kamal Uddin, age 28, resident of North Birinchi
under Ward No.5 of Feni Pouroshobha. On
20 January 2008 Bangladesh Rifles (BDR)
soldiers burst into the house of Mr.Kamal Uddin
while he had diimer with guests including
Mr.Abul Khayer. his wife and their three-year-old
son. The BDR soldiers took Mr. Kamal Uddin and
Mr. Abul Khaver to the courtyard. They asked
Mr. Kamal Uddin where the heroin was kept and
began to kick, punch and beat him with iron rods
while they forced Mr. Abul Khaver to lie down.
kicked him on his thighs with boots and hit his
cheeks with rifle butts. Some BDR officers then
proceeded to search the house. They also called a
magistrate, who joined the operation. The BDR
beat Mr. Kamal Uddin severely for two and half
hours and. when he screamed. put a shawl in his
mouth to silence him. Moreover, a BDR soldier
forced him to drink a putty powder solution. At
approximately 2.30 am. on 21 January 2008,
Mr. Kamal Uddin. Mr. Abdul Khayer. his wife
and child were taken to the police station. At
7 ant of that same day the family of Mr. Kamal
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Uddin was infon ed that he and Mr. Abul Kha er
had been transferred to Sadar hospital, while
Mr. Khayer's wife and son were kept in police
custody. At the hospital they found Mr. Kamal
Uddin's body lying on the floor of Ward No. 4
with signs of beatings on the back, chest, lower
abdomen, hands and feet along with deep wounds
made with iron rods on the right thigh where the
skin was scraped. He also had wounds on his
hands. After completion of the death certificate,
police took Mr. Kamal Uddin's body to his house
for the burial ceremony. The burial was carried
out in the presence of the police. According to the
authorities, when the BDR personnel tried to
arrest Mr. Kamal Uddin, he tried to nm away and
injured himself by miming into a tree.
Furthen ore they indicated that he died because
he had dnmnk too much alcohol. However, the
magistrate who was present during parts of the
operation stated that Mr. Kamal Uddin was
slapped in order to make him talk. On
28 January 2008, a petition (number 26/2008,
filed under sections 302/34 of the Penal Code
concerning the death in custody) was submitted to
the Court of Chief Judicial Magistrate of Feni,
following which Mr. Kamal Uddin's wife was
asked to withdraw the case and to find a
compromise with the accused, which she
reportedly refused. The Chief Judicial Magistrate
recorded the evidence given by five witnesses and ______________________________________________
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ordered the Officer-in-Charge of Feni Model
Police Station to file a First Jnfonnation Report
and investigate the case.
17.
06/10/08
JUA
HRD:
TOR
Rang Lai Mro (subject of a previously
transmitted communication. A/HRC/6/ 15/Add. 1,
para. 25-32). Following his arrest on
23 Febniar 2007. he was sentenced to 17 years'
imprisonment for possessing a pistol without a
license. Mr. Rang Lai Mro is currently not being
allowed access to adequate medical treatment for
a serious heart condition which allegedly puts him
at risk of a further heart attack at any time.
Following his arrest, doctors at Bandarban
General Hospital confin ed that he had suffered a
heart attack. In October 2007. he was again
treated in the hospital and doctors stated that he
needed to be transferred to a hospital with better
equipment. However, he was returned to
Chittagong District Jail; his health continues to
deteriorate, and he has not been allowed access to
adequate medical treatment, despite the fact that
many other prisoners have been transferred to
hospitals for specialist attention this year in
Bangladesh.
18.
12/11/08
AL
TOR
Mohammed Masudur Rahman, abus driver.
Mirpur. Dhaka. On 23 January 2007 at around
11.30 am., he was dragged off his bus by a traffic
police sergeant (Nazmul Ahsan) and several other
officers of Fan get Traffic Police Box. On the
street, the officers started beating him with batons
and roller sticks and kicked him. Mr. Rahman
received treatment at Al-Razi Hospital. He was
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later taken to Tejgaon Police Station.
Sree Ratan Shaha, labourer, Namajgar village,
Dalpatti. Bogra district. On the night of
25 January 2007, he was arrested at his home on
suspicion of theft by the Kotwali police led by
Sub Inspector (SI) Abdul Karim. He was taken to
the police station in Upashahar area, where a
policeman tied him with a rope, slapped him.
kicked him with his police boots and beat him
with a baton to make him confess to the theft. At
around 11.30 am. on January 26, Mr. Shaha was
taken to Kotwali Police Station. Several
policemen hung him from a ceiling fan, beat him
and threatened to kill him if he did not confess. It
is reported that the perpetrators have been
reassigned to different police stations and no legal
actions have been carried out.
Rongon Bishwas Halder. a rental motorbike
driver. Khulna. On 8 March 2007 around mid-
day, at Boyalia Kheyaghat he was approached by
three officers of Ranili Police Camp.
Payikgachha, who allegedly demanded he pay an
illegal 100 Taka levy placed on all rental
motorbike drivers. When Mr. Halder refused to
pay, the police kicked him, stnick him with their
batons and a rifle butt. and slapped him in his
face. He was taken to the Ranili Police Camp
where he was beaten. He was later taken by his
relatives to Khulna Sadar Hospital, and was
discharged on 9 March.
Mohammed Aminul Islam Shahin. Pingalakathi
village. Barisal District. On 9 November 2007,
at 12.15 am., he was arrested near his
neighbour's house by a group of seven police
officers from Gaurnadi Police Station. The police
beat him with fists, rifle butts and batons.
Mr. Shahin fell to the ground, and the police
kicked him in the chest with their boots and
stabbed him with their bayonets. The barrel of a
rifle was put into his mouth and he was threatened
that his death would be made to appear as a
crossfire-killing. The police took Mr. Shahin to
the Gournadi Upazilla Health Complex, and
forced the on-duty medical doctors to record him
as a victim of a road traffic accident. He was
transferred to the Sher-e-Bangla Medical College
Hospital, where he remained until 12 November.
He was later transferred to the National Institute
of Kidney Disease and Urology for treatment
until 24 November. On 25 November, he received
treatment at the Bangladesh Rehabilitation Centre
for Trauma Victims.
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19.
Belanis
28/04/08
JAL
IJL;
Vladimir Anatolevich Russkin, aged 37, citizen
By letter dated 24/06/08, the Government
TOR
of Belanis, currently held at Novopolock
infon ed that on 14 September 2007 the
correctional colony No. 10. On 5 January 2007,
Military Division of the Supreme Court of the
he was arrested by ten officers from the
Republic of Belanis convicted Vladimir
Belanisian Committee for State Security (KGB)
Anatolyevich Russkin, born on
at Varshavsky. Following his arrest he was
26 March 1971, resident of Kobrin in Brest
severely beaten, his face was shoved into the dirt;
province and national of Belanis, of two
he was handcuffed behind his back and
offences committed as a foreign citizen:
blind-folded. He was then pushed into a car, with
espionage with the intention of prejudicing the
his face down and officers held him down with
security and defensive capability of Belanis
their feet on his back. At the KGB detention
centre in Minsk he was put in a small room of 2
square metres. which resembled a grave, with no
natural daylight and no ventilation. A small lamp
remained switched on all the time. When he
attempted to cover his eves in order to be able to
get some sleep, the guards came to prevent him
from doing so. He could not leave the cell to go to
the toilet and had to eat the low-quality food that
he received in the same place where he relieved
himself. At one instance several buckets with
concentrated chlorine were put into the room and,
although he was asking for help. they were not
removed until he lost consciousness. He was
repeatedly interrogated, at any time of the day,
sometimes for long periods. After ten days at the
KGB he was transferred to Minsk' s pre-trial
detention centre (SIZO), which was overcrowded
(40 persons in 12 square metres) and where
officers beat those who did not immediately
follow all orders. The food was of a poor quality
and access to sanitary facilities was restricted.
Together with about 19 persons, he was put in an
8-seater minibus and taken to a train station.
There, while being beaten by officers, they were
moved into a railway wagon with dogs barking at
them. For 12 hours they remained there without
being given any water or being allowed to use a
toilet. Novopolock correctional colony No. 10 is
equally overcrowded (1 square metre per
prisoner). The building where Mr. Russkin is
staving has the capacity to house up to
(high treason), and setting up the collection
and transfer of other inforn ation on behalf of a
foreign intelligence service for use to the
detriment of the interests of Belanis,
committed by a foreign national (organization
of espionage).
V.A. Russkin was sentenced to ten years'
imprisonment to be served in a penal colony
under a strengthened regime and deprivation of
the military rank of reserve senior lieutenant.
V.A. Russkin began serving his ten on
14 September 2007. The period spent by
V.A. Russkin in police custody and detention
between 5 January and 14 September 2007
will be deducted from the prison tenm
Three policemen were sentenced in this same
case. The sentence entered into force as soon
as it was handed down, as regular appeals or
appeals in cassation may not be lodged against
sentences of the Supreme Court. The law does
offer an opportunity to appeal against
sentences of the Supreme Court under the
superviso procedure, but the convicted
person V.A. Russkin and his defence lawyer
E. S. Chizhevskaya did not lodge such an
appeal.
During the preliminary crimninal investigation
the lawyer defended the accused V.A. Russkin.
The rights of suspects and accused persons,
including the right to a defence, the right to
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170 persons, but up to 700 are detained there.
Hygiene and sanitation is insufficient, prisoners
are allowed to shower only once per week, there
is no hot water available in the living quarters.
The food is of poor quality. For minor offences,
persons are severely punished by being put in
overcrowded cells with even worse conditions
and with no possibility to appeal this decision.
People are forced to work for 8 hours, 6 days a
week for three Euros per month. If they refuse.
they are subjected to punishment, such as denial
of family visits, prolongation of prison tern s (up
to 10 additional years) and prolonged stays in
punishment cells. On 14 September 2007,
Mr. Russkin was convicted by the Military
Chamber of the Belanis Supreme Court to ten
years' imprisonment for treason under article 356
of the Belanis Criminal Code and espionage
under article 358. He did not have access to a
lawyer of his choice at any stage of the criminal
process including during the trial. The State
provided a lawyer. All petitions Mr. Rus skin filed
with the courts were reportedly ignored. The trial
protocol was falsified. The investigation and trial
were biased and there was not enough time for the
accused to study the case files. Mr. Russkin was
not given the opportunity to call his own
witnesses and to question witnesses of the
prosecution. Finally, he was not given the
opportunity to appeal the court's decision.
lodge challenges and petitions and the right to
lodge complaints against the actions and
decisions of the authorities leading the
criminal proceedings, were explained to
V.A. Russkin. as his signing of the relevant
records attests.
He made statements acknowledging his guilt
from the outset of the initial questioning and
throughout the preliminary investigation. The
accused was questioned during working hours
only in the presence of a lawyer and for no
longer than the standard period established
under criminal procedure law.
V.A. Russkin was in a remand centre of the
Belanis State Security Committee (KGB) from
6 January to 20 September 2007. Russkin bore
no signs of bodily han when he entered the
centre. After completing the registration fonns.
Russkin was placed in a four-person cell
measuring 10.5 square metres (article 13 of the
Detention Procedures and Conditions Act sets
the minimuni prison cell living space at
2.5 square metres per person). KGB detention
centres have no cells measuring
2 square metres.
Russkin' s cell had individual sleeping quarters,
bedding and tableware. The cell was equipped
with sanitary facilities, to which access was
not restricted.
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Russkin was served three meals a da and
given the opportunity for walks in the prison
yard and eight hours of sleep. He was allowed
to receive and send an unlimited nuniber of
letters and telegrams. The prisoner did not
receive any short-term visits, since none of his
close relatives and family members submitted
any applications in writing to the remand
centre administration. No parcels of any kind
were sent to Russkin.
The doctor on duty found no signs of bodily
hann to Russkin during examinations when he
entered and left the remand centre. Throughout
the entire investigation Russkin did not file
any complaint against the actions of the
investigators or administration of the centre,
nor did he register any complaint about the
prison conditions with the procurator during
his monthly inspections.
As the record shows, the accused and his
lawyer familiarized themselves with the facts
of the case from 27 to 30 July 2007 by
personally reading and reviewing the material
evidence.
The criminal proceedings against Russkin and
other persons took place in strict accordance
with the requirements of the Code of Criminal
Procedure, which set out the conditions and
procedures for conducting court proceedings.
Russkin did not object to Chizhevskaya's
participation in the trial as his defence lawyer
and expressed his tnist in her. During the court
examination Russkin and the other accused
were questioned about the charges against
them. Moreover, witnesses were questioned
and documents and material evidence were
examined. The court examined the
circumstances of the case in a comprehensive.
full and objective manner. Furthen ore. the
accused Russkin did not submit any request for
the questioning of additional witnesses and did
not make any statement that improper methods
were used against him during the pretrial
investigation. The record of the trial covers the
entire court proceedings.
On 26 September 2007 Russkin was
transferred from the remand centre to serve his
sentence in penal colony No. 10 in
Navapolatsk in Vitsebsk province.
The number of persons held in the section
where the convict Russkin is living may not
exceed 18. Today. 16 convicts aside from him
are living in this section. The convicts take
baths once a week. There was no interruption
in the supply of hot water in penal colony
No. 10 between 2007 and 2008. A qualified
nutritionist ensures that the meals of the
prisoners are balanced. The relevant authorities
have received no complaints or claims from
the prisoners about the food.
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No prisoners were found to be detained
beyond the sentences handed down to them
during the monitoring of the conditions of
detention.
20. 18/11/08 JUA FRDX, Yana Paliakova was attacked on 9 October 2008
HRD, by an unidentified man as she entered her house
IJL, TOR in Salihorsk. She was hit on the head and back.
The attacker also told her that “if she didn't shut
up, this would be her last warning”. As a result of
the attack, she was diagnosed in hospital with a
concussion.
Following the medical check-up Ms. Paliakova
went to the Salihorsk police station to file a
complaint. When she felt ill at the station and
tried to go outside, a policeman grabbed her by
her sweater and pushed her to the floor, causing a
bmise on her hip.
Ms. Paliakova previously lodged a complaint
against the Salihorsk police station on
1 September 2008, concerning physical assault by
the police that took place the previous day.
Ms. Paliakova was stopped by the district
policeman Mr.Pugachev and two other men, and
taken to the regional office of Internal Affairs
where she had been hit on her arms and legs.
Although Ms. Paliakova lodged repeated
complaints regarding this incident with the
Public Prosecutor's office and the District
Prosecutor's Office, no inquiry has yet been
launched.
La cuestiOn de compensaciOn a las vIctimas de
tortura y otras violaciones de los derechos
humanos. En marzo de 2004. el Gobierno de
Bolivia aprobó la Lev 2640 sobre Resarcimiento
Excepcional a VIctimas de la Violencia PolItica
en Periodos de Gobiernos Inconstitucionales ( Ia
Lev”). por medio de la cual se compensarla a
vIctirnas directas v a sus farniliares. en caso de
fallecimiento de la vIctima. por hechos ocurridos
entre 1964 v 1982. Los hechos resarcibles son la
muerte. desaparición forzada, tortura. detención
arbitraria. exilio. lesiones v persecución. La Lev
creó también la Comisión Nacional para el
Resarcimiento a VIctimas de la Violencia PolItica
(“CONREVIP”). la cual comenzó a trabajar en
mayo de 2007 v es presidida por el Ministerio de
Justicia. Sin embargo. la CONREVIP no cuenta
con el apovo institucional ni con los recursos
económicos suficientes para poder ocuparse de la
calificación de todos los expedientes, lo que
restringe su trabajo. De las 7.911 solicitudes
presentadas, 6.221 han sido depuradas v podrIan
ser procedentes. No obstante, con fecha de
25 de marzo. solamente 80 personas hablan sido
notificadas. siendo ellas familiares de las vIctimas
de muerte v desaparición forzada. De cualquier
forn a. los plazos establecidos para emitir
resoluciones v ejecutar el resarcimiento vencieron
a finales de 2007. A la fecha, no se ha procedido a
Mediante carta de fecha 25/09/08. el Gobierno
indicó que la Comisión Nacional para el
Resarcirniento a VIctimas de Violencia en su
artIculo 12 establece la composición de la
CONREVIP que está conformado por un
representante del Ministerio de Justicia que a
su vez ejerce la Presidencia de la misma. un
representante del Ministerio de Hacienda, dos
representantes de las Comisiones de Derechos
Humanos del Poder Legislativo. un
representante de la Conferencia Episcopal de
Bolivia y un representante de la Central Obrera
de Bolivia. quienes pronunciarán resolución
expresa v motivada. acordada mediante el voto
de por lo menos dos tercios de sus miembros.
Asimismo el art.12 inc. 1) del Decreto
Supremo Nro 28015 establece que las sesiones
serán validas con la mavorla de sus miembros
v adoptaran sus decisiones con la mavorla de
los miembros presentes en cada sesión. En este
sentido el funcionamiento v las decisiones de
la CONREVIP no solo dependen del
Ministerio de Justicia, al ser el CONREVIP un
órgano colegiado.
En este marco legal. la CONREVIP en
cumplimiento a la 1ev N 2640 de creación del
CONREVIP v su Decreto Reglamentario
N° 28015. se inició el procedimiento
21.
Bolivia
03/07/08
JAL
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Ms. Paliakova defended several victims of
excessive violence of the police, and one of the
cases resulted in the dismissal of a policeman.
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los pagos u otros beneficios establecidos en la
Lev. Uno de los principales obstáculos para el
resarcimiento de las vIctimas es que. de acuerdo
con la Lev. el Estado solo dispone del 20% del
monto total requerido para el pago del
resarcimiento. por lo que el 80% deberá ser
cubierto por donaciones del sector privado o
extran ero v de organismos internacionales.
administrativo el 10 de marzo de 2005. con la
recepción de solicitudes provisionales de
eventuales beneficiarios del resarcimiento
excepcional. Posterion ente en fecha
22 de noviembre de 2005 se prosiguió con la
recepción de solicitudes definitivas además de
la pnieba correspondiente. habiendo registrado
un total de 6727 solicitudes. En fecha 9 de
Diciembre de 2005 se promulgo la Lev 3275,
por la que se abre un nuevo plazo para el
registro de solicitudes que abarca el periodo de
12 de enero al 7 de abril de 2006: por lo que
adicionalmente se recibieron 1236 solicitudes
sumando un total de 7963 solicitudes.
Asimismo de 7963 solicitudes. se depuraron
1860 solicitudes por doble registro. falta de
declaración jurada v falta de presentación de
documentos. quedando registrados
oficialmente 6221 solicitudes (enero -
noviembre 2007). La clasificación finalizada
de los expedientes por Hechos Resarcibles
corresponde al siguiente detalle: Desaparición
Forzada: 63 solicitudes. Muerte:
233 solicitudes. Exilio: 1451 solicitudes.
Detención: 3521 solicitudes. Persecución:
816 solicitudes. Tortura: 17 solicitudes.
Lesiones: 120 solicitudes. siendo un total de
6221 expedientes en total. Esta clasificación
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por los hechos resarcibles de persecución.
detención v exilio. son multiples es decir que
en cada solicitud existe más de un hecho
resarcible solicitado.
Mediante Resolución Ministerial 026/08. de
fecha 5 de marzo del presente se delega a
diferentes reparticiones del Ministerio de
Justicia a nivel nacional la facultad de notificar
con las Resoluciones a las vIctimas
solicitantes.
A partir del S de noviembre la Comisión
Nacional tiene 60 dIas hábiles para emitir
resoluciones expresas v motivadas para cada
caso. (Al efecto, es importante resaltar que
hasta el 30 de enero de 2008). se emitieron
aproximadamente el 20% de Resoluciones
expresas v motivadas de los diferentes hechos
resarcibles v se han recibido 152 solicitudes de
reconsideración de los diferentes hechos
resarcibles.
El Ministerio de Justicia ha realizado todas las
acciones necesarias tendientes al cumplimiento
de la 1ev 2640. pese a que no se ha cumplido
con el 100% del trabajo el mismo se debe a la
falta de mayor cantidad de recursos humanos
en el equipo de apovo técnico v a la
imposibilidad del trabajo a tiempo completo de
la mavorla de los miembros que confornian la
CONREVIP. pese a ello se sigue adelante con
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este trabajo para lo cual se ha tomado medidas
internas tendientes a la agilizacion del proceso
de calificación.
Se debe aclarar que el resarcimiento
económico se hará efectivo una vez emitidas
las Resoluciones finales que detenninen si es
procedente la solicitud de resarcimiento
excepcional. elaborándose un Decreto
Supremo que detennine la lista oficial de
beneficiarios v el monto que recibirán las
vIctimas. hecho que es valorado en
consideración al grado de violencia polItica
sufrida por la vIctima. los hechos resarcibles
solicitados v las agravantes si fuera el caso,
por lo que se requiere agotar todas las vIas
administrativas (Resolución de primera
instancia v reconsideración) para establecer la
lista oficial de los beneficiarios v el monto
individual de resarcimiento.
En cumplimiento de lo establecido por el
art. 16 de la Lev 2640. se ha elaborado un
prove cto para gestionar financiamiento que
garantice el 80% del pago a los beneficiarios
de la Lev. asimismo desde el mes de agosto del
2006 se ha gestionado la Cooperación
Internacional. La ültima version de este
prove cto ha sido modificada v se encuentra en
la Mesa de Negociaciones ante el
Viceministerio de Inversion Püblica v
Financiamiento Externo (VIPFE). a objeto de
insistir en la gestión del financiamiento de la
cooperación externa.
En este sentido de acuerdo a to manifestado
por el Ministerio de Justicia. se tiene que
habrIa realizado todas las acciones necesarias
para la culminación del trabajo. pero factores
como la falta de una mayor cantidad de
recursos humanos v el trabajo a medio tiempo
de la mavorla de los miembros de la Comisión.
ha redundado en que no se hava podido
culminar el proceso de calificación de los
expedientes, por to que son constantes las
reuniones del Ministerio de Justicia con los
5 miembros de la Comisión para agilizar el
trabajo de calificación v revision de los
expedientes.
Por otra parte el Ministerio de Justicia ha
infonnado que viene gestionando el apovo
necesario de instituciones nacionales e
internacionales para lograr el financiamiento
de los recursos faltantes para el resarcimiento
económico a las vIctimas de violencia polItica.
asI como de recursos materiales con la
finalidad de concluir la calificación de los
diversos hechos resarcibles a la brevedad
posible.
En relación a. si se ha presentado alguna queja
sobre el resarcimiento a las vIctimas de
violencia polItica. el Ministerio de Justicia
indicó que al presente se tiene una denuncia
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interpuesta ante la Fiscalla General de la
Repüblica de Bolivia por Jorge Aguilar Anrez
v Nerhedine NassifRenjjife Torriani. por la
presunta comisión de los delitos de
Incumplimiento de deberes, desobediencia a la
autoridad v uso indebido del 20% destinado
por la Lev 2640. denuncia falsa v temeraria
que ha sido respondida ante la Fiscalla
General. remitiendo la infon ación
correspondiente v la certificación
presupuestaria del 20% de recursos que se
encuentra inscrito en el Ministerio de Hacienda
como fondos asignados para la 1ev N° 2640. v
que se adjunta para fines consiguientes .
22. Brazil 10/01/08 JAL HRD: Carlos Abel, and the human rights organization
TOR Gnipo Tortura Nunca Mais of Rio de Janeiro
(GTNM). GTNM was created by fon er political
prisoners who were tortured during the military
regime and by family members of political
activists killed or disappeared during the military
regime. During its twenty years of existence,
GTNM has raised awareness and publicly
denounced cases of torture perpetrated by State
agents. In May 2002. GTNM published on its
website the complaint of Carlos Abel, who
alleged having been tortured by the federal police —
in 1996, one year before the entry into force of
Law No. 9,455 which introduced the crime of
torture in the law. The case was dismissed
without any analysis of the merits. and justified
by the interpretation that the public prosecutor
does not have investigative powers and therefore
could not investigate the case of Carlos Abel. On
3 August 2005. the organization GTNM was
sentenced to a fine of 40,000 reales for
defamation for having published the allegations.
including the names of the alleged perpetrators.
Concern is expressed that the allegations of
torture have not been investigated and the alleged
perpetrators reniain unpunished while a human
rights organization has been sentenced for its
work against impunity for the crime of torture.
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23.
21/01/08
JAL
TOR:
VAW
L.A. B., a 15-year-old girl. In October 2007.
L.A.B. was arrested on suspicion of petty theft
and placed in pretrial detention in the city of
Abaetetuba. Pará State. For a period of 26 days
she was held in a police cell with about 20 adult
male prisoners. L.A.B. was reportedly raped by
several inmates during this time.
24.
Bulgaria
24/04/08
JUA
IJL;
TOR
Said Kadzoev. aged 29, a Russian national of
Chechen origin. He arrived in Bulgaria in
October 2006 to ask for asylum. At the border.
the Bulgarian border guards detained him and
issued an order of deportation because he only
had Chechen identity papers and no
internationally-recognized Russian
documentation. Since 1 November 2006 he has
been held in the Special Centre for the Temporary
Accommodation of Foreigners (SCTAF) in the
village of Busmantsi. near Sofia. He was in
solitary confinement from 28 Ma 2007 until
2 April 2008 and repeatedly subjected to beatings
by the staff of SCTAF. During this period, Said
Kadzoev developed gallstones. The doctor who
Par lettre datée du 15/05/08. le Gouvernement
a répondu que tous les droits de procedure de
M. Said Kadzoev ont été garantis
conformément aux standards internationaux
applicables.
Les autorités compétentes bulgares sont en
train d'enquêter sur les faits relatifs a ce cas
.
precis. y compns sur les allegations de
M. Kadzoev d'avoir été victime de violation et
de ne pas avoir pu bénéficier d'une aide
médicale. La Bulgarie informera
ultérieurement des résultats de l'enquête.
saw him indicated that he needed an operation to
reniove the gallstones, however, he was only
given painkillers. Mr. Kadzoev' s asylum
application was registered on 31 May 2007 by the
Bulgarian State Agency of Refugees and was
rejected on 4 June. The Sofia Court rejected his
appeal in October 2007. A complaint was filed
with the European Court of Human Rights in
December 2007. The deportation order against
him was confin ed by the Yambol Regional
Court on 15 March 2008 and on 17 April. the
Supreme Administrative Court upheld this
decision. His lawyers do not have access to the
documents filed on him by the Bulgarian
authorities. Said Kadzoev alleges that he was
previously detained and tortured by Russian
police. According to his testimony, in
October 2002. he was detained for five months by
the Federal Security Bureau in Moscow. where he
was tortured in order to force him to “confess” to
participating in a terrorist attack on a Russian
military air base, which he denied. During those
months. Said Kadzoev was held incommunicado
and officially reported as having “disappeared”.
Furthennore. after a conflict with the Chechen
local authorities, his house was burned down in
August 2006.
Les ONG concernées bulgares ont été mises au
courant du cas de M. Said Kadzoev.
En 2007 M. Kadzoev a soumis une plainte a la
Comniission pour la protection contre la
discrimination contenant des allegations que le
Chef du Centre special d'accommodation
temporaire des étrangers - Bousmantzi a violé
les dispositions de la Loi sur la protection
contre la discrimination de la République de
Bulgarie. Après avoir examine attentivement
tous les faits lies a ce cas, la Commission n'a
pas donné suite a la plainte puisqu'elle n'a pas
établi l'existence de discrimination sur la base
de la nationalité/décision du 22 avril 2008.
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25.
Cambodia
20/03/08
JUA
WGAD:
Pring Pov, aged 40. a police officer in the town
HOUS;
of Kep. On 19 Febniary 2008, he was arrested
IJL;
without a warrant by his superior, the Police
TOR
Commissioner of Kep, and charged with
“disobeying orders from his superiors”. This
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stemmed froni his refusal to vacate his land
without compensation for the benefit of a senior
government official. The arrest was carried out on
the order of the National Police Commissioner.
After his arrest, Mr. Pov was transferred to the
Police Discipline Unit located in Samaki village,
Trapeang Krasaing commune. Russev Keo
district, where he has been detained ever since.
When his wife visited him on 20 Febniarv. he had
open wounds on his wrists and ankles because he
was shackled all night, as well as bniises on his
chest.
Despite his worsening mental and physical
condition, a visit by a medical doctor was denied,
even after his wife brought a doctor to the
detention facility herself
The legally pern itted period of police custody of
72 hours, within which a detainee must be
brought before a court to be charged, in
accordance with article 96 of the Code of
Criminal Procedure, has been exceeded. Mr. Pov
was denied his right to access to legal counsel
within the first 24 hours after his arrest in
violation of article 92 of the Code. Medical
treatment of prisoners in police custody is left to
the discretionary power of the prosecutor and the
custody officer, according to article 99 of the
Code. It is reported that the Cambodian police
have no jurisdiction over land disputes. Only the
municipal or provincial National Cadastral
Comniissions for unregistered land, the courts of
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Ms. A. C., a 20-year-old university student.
Ms. C. claims that she continues to be a victim of
“ritual abuse-torture” (sic), both within her family
and by a group of persons unknown to her. Her
father, W. C., and mother, J. C., abused her
physically and sexually at home. Her father
brought her to “ritual abuse-torture” meetings,
where members of the group abused and tortured
her, both alone and in front of others. Amongst
the perpetrators were her grandparents, D. and
D. W., and other persons, some of who were
members of a local Morn on church her family
used to go to. During one of the meetings Ms. C.
was required to attend, she was forced to
prematurely give birth to her baby, whose body
was used as an object of the group's rituals. The
alleged abuse took place in various places around
Calgary and in Toronto. Ms. C. attempted to
report her abuse to the police in Toronto and in
Calgary between 2002-2007 but she was never
believed and no report was taken. The police told
her there would probably be no evidence, or
treated her as if she was crazy. She also tried to
talk to nurses and doctors in the places she was
hospitalized several times between 2001 and 2005
for depression and suicidal tendencies. No action,
investigations, or protection measures were taken
By letter dated 29/07/08, the Government
responded that the matters raised by the
Special Rapporteurs are not only within the
competence of the Canadian government but
also that of two provinces, the Province of
Alberta; and the Province of Ontario.
The Special Rapporteur's letter of request
contains almost no details concerning the
allegations made by the complainant. This lack
of specific information makes it difficult to
find information relevant to her allegations:
While the letter of request indicates that the
complainant approached the police in Toronto
(Ontario) and Calgary (Alberta) between 2002
and 2007, it does not indicate the facilities in
which she was hospitalized or otherwise
sought medical treatment nor does it indicate
where she was taken into foster care or the
authorities through which she was placed into
foster care. Without these details, it is difficult
to focus the necessary inquiries, which slows
down the work.
An initial search by the Canadian government
for details concerning Ms.C. or her case
yielded no information. That is, her allegations
are not notorious or otherwise in the public
26.
Canada
14/03/08
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law for registered land, and the National
Authority for the Resolution of Land Disputes for
unclear or politically related disputes are
competent in such matters. Concerns were
expressed for the state of health of Mr. Pring Pov.
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by any authorities. As a child, she ran away from
home a number of times. was placed in foster
care, but was always returned to her famil/ where
she continued to be abused. Tn 1993, the final
report of the Canadian Panel on Violence Against
Women. (Changing the landscape;
Catalogue No. SW45-i/1993; Ottawa: Minister of
Supply and Services Canada). informed the
Gvernment that action needed to be taken to
protect women and children froni “ritual abuse
and torture”, which according to the panel's
report, was occurring in every region of Canada.
The panel also referred to Ms. C's case, among
others. No action has been taken to address the
alleged abuses.
domain. They do not appear in any search of
public records such as the popular press, the
internet or databases of court cases. There does
not appear to have been any public inquiry or
any court case involving the allegations
contained in the complaint. What is significant
in this is that the inforn ation concerning the
allegations raised by Ms. C. cannot be
confirmed by Canada without a search for
protected personal infonnation contained in
government records or the records of other
public or private entities or persons.
Privacy and the protection of the personal
information of individuals are values of
significant importance in Canada. Legislation
exists at the federal and provincial levels of
government that place requirements on
government to respect the privacy of
individuals and to protect personal infonnation
in their possession. Some of these laws make it
impossible to gather and divulge personal
infonnation without the written consent of the
individual.
The allegations of a lack of appropriate
response from the police and medical and
other professionals into ritual abuse or other
fonns of violence against women require an
investigation into matters which lie at the core
of personal infornrntion. The laws of both
Alberta and Ontario are such that written
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consent is required froni the complainant
before relevant inforn ation can be collected
and shared.
Canada, therefore, asks that the Special
Rapporteur attempt to obtain the express
signed consent of the complainant in respect of
infonnation held by relevant entities or
persons. Canada must rely on the complainant
and the Special Rapporteur to ensure that all
relevant entities are identified by the
complainant and that her consent for the
release and sharing of relevant infonnation in
the possession of each such entity is given (the
respective consent fonns were attached to the
letter).
If and when the signed consent fonns are
received by Canada, an investigation into the
allegations of the complainant can begin in
earnest and will assist in the collection of
information and response to the Special
Rapporteur in a further submission.
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2'T
Chad
03/07/08
JUA
WGAD:
Ibni Oumar Mahamat Saleh. professeur
FRDX;
d'université et secrétaire général du Parti pour les
TOR
libertés et le développement (PLD) et porte-parole
de la principale coalition d'opposition tchadienne.
la << Coordination des partis politiques pour la
defense de la Constitution >> (CPDC).
M. Ibni Oumar Mahamat Saleh aurait été arrété le
3 février 2008 par les services de sécurité
tchadiens a N'Djamena. Depuis ce jour. le lieu de
détention/séj our de M. Ibni Oumar Mahamat
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Juan y Jorge Huenchullán Cayul, de la
cornunidad de Ternucuicui. v por otros rniernbros
de comunidades mapuches del sur del pals. El
pasado 2 de febrero de 2008. aproximadamente a
las 22.00 horas. el Sr. Juan Huenchullán Cavul se
encontraba en la plaza de la ciudad de Ercilla.
region de la Araucania. cuando se dirigia a su
residencia familiar, en la comunidad de
Temucuicui. a 12 km de aquella localidad. En ese
momento. el Sr. Huenchullán supuestamente fine
interceptado por carabineros pertenecientes a las
Fuerzas Especiales de la Prefectura de Malleco,
quienes lo identificaron como miembro de la
coniunidad de Teniucuicui. Sin rnediar ningün
acto de provocación por su parte. dichos
carabineros supuestamente comenzaron a golpear
e insultar al Sr. Huenchullán. Al percatarse de la
situación. distintos niienibros de comunidades
mapuches presentes en la plaza de Ercilla.
incluvendo algunos niienibros de la coniunidad de
Temucuicui. intentaron intervenir para irnpedir
que el Sr. Huenchullán fuera golpeado por los
carabineros. produciéndose un forcej eo. Como
resultado de dicho altercado. fueron detenidos.
además del Sr. Huenchullán. el Sr. Miguel Angel
Villanueva Nahuel. de la comunidad Coflomil
Epuleo; los Sres. Luis Arzola Ancaluán v Henry
Queipul Morales. de la comunidad de
Temucuicui; el Sr. Victor Hugo Calhueque
Mediante carta de fecha 05/03/08. el Gobierno
indicó que el dia 3 de febrero de 2008, en el
marco de la celebración del aniversario de la
Comuna de Ercilla, Provincia de Malleco, un
gnnpo de individuos en manifiesto estado de
ebriedad. se encontraban efectuando
desórdenes en la via püblica. alternado el
norn al desarrollo de las actividades
conmemorativas. razón por la cual, el personal
de carabineros de dotación de la tenencia
Ercilla, de la segunda comisarla de Collipulli,
dependiente de la Prefectura de Malleco
No. 21. procedió a su fiscalización con la
finalidad de conducir a los infractores hasta la
unidad policial. oportunidad en que alrededor
de 30 personas. entre hombres v mujeres.
todos adultos. trataron de impedir el
procedimiento policial. agrediendo al personal
niediante golpes de puflos. pies v lanzamiento
de elementos contundentes (piedras), a raiz de
lo cual resultaron lesionados cuatro
carabineros con diferentes heridas.
Con ocasión de tal agresión. fueron detenidos
por el delito de maltrato de obra carabineros de
servicio Luis Hernán Arzola Acaluan. Victor
Ignacio Colihuinca Huenuman. Miguel Angel
Villanueva Nahuel. Juan Ignacio Huenchullan
Cavul v Henry Eliseo Queipul Morales,
28.
Chile
05/03/08
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Saleh demeure inconnu. malgré les nombreuses
interventions par la société civile demandant les
autorités a révéler son lieu de séj our.
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Millanado, de la comunidad Huaflaco Millao: v
el Sr. VIctor Colihuanca, de la comunidad
Ankapi Nancuhew. Asirnisrno. corno resultado
del altercado. resultó herido el Sr. Mihael
Carbone Queipul, quien sufrió un profundo corte
en su cráneo a consecuencia del culatazo que le
propinó un carabinero con su arnia de servicio. A
consecuencia de dicha herida, el Sr. Carbone fine
trasladado hasta el consultorio de Ercilla, donde
recibió varios puntos de sutura. Segün las
alegaciones. al desplazarse posterionnente a la
Tenencia de Carabineros para denunciar su lesion.
el Sr. Mihael Carbone fue detenido v nuevamente
golpeado. Todos los detenidos fueron
posterionnente trasladados hasta la comisarIa de
Collipulli. Los Sres. Jorge Huenchullán Cavul.
Victor Calhueque Millanao, Henry Queipul
Morales y Marcelo Villanueva Nahuel
supuestamente fueron amarrados a un poste
ubicado en un pasillo de la comisarIa.
pennaneciendo toda la noche en dicho estado.
Alrededor de las dos de la madnigada. el werken
(autoridad tradicional) de la comunidad de
Temucuici. Sr. Jorge Huenchullán Cayul.
acompaflado del Sr. Marcelo Villanueva Nahuel,
hennano de uno de los supuestarnente detenidos.
se trasladó a la Tenencia de Carabineros de la
ciudad de Ercilla para averiguar el estado de todos
los detenidos. Mientras esperaban ser atendidos,
los Sres. Huenchullán y Villanueva
supuestamente fueron arrestados por efectivos de
las Fuerzas Especiales. Durante su traslado a la
registrando éste ültimo una orden de detención
pendiente por ocultamiento de identidad, en la
causaNo. 388, RUC 600326306-K. seguida
ante el juzgado de garantia de Collipulli.
Dichas personas quedaron a disposición de la
fiscalia rnilitar Malleco/Angol. rnediante el
parte policial No. 01 del 03/02/08. de la
segunda coniisarIa Collipulli.
Posterionnente. siendo las 2:45 horas de la
madnigada del mismo dia, en los instantes que
se trasladaba por medida de seguridad a los
aludidos detenidos, desde la tenencia Ercilla
hasta la segunda coniisarIa Collipulli.
aproximadamente unas 50 personas se
apostaron en el perImetro de la citada tenencia.
Desde alli arrojaron piedras contra el cuartel
policial. resultando cuatro vidrios de su frontis
quebrados, asi como un vidrio lateral delantero
derecho, también quebrado del automóvil
particular patente UK- 1642. que se encontraba
a disposición del juzgado de garantia de
Lautaro.
Como consecuencia del atentado al cuartel
policial. personal de carabineros. ante la
flagrancia del ilicito. se detuvo a Jorge Alvaro
Huenchullan Cavul. Victor Hugo Caihueque
Railao. Marcelo Alejandro Villanueva Nahuel
v Mijael Incola Carvones Queipul. registrando
éste ültimo antecedentes por el delito de
desórdenes püblicos graves. robo en lugar no
habitado. amenazas v atentado contra la
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cornisarla de Collipulli. los Sres. Huenchullán v
Villanueva fueron vIctimas de golpes propinados
por los carabineros que los acompaflaban e
insultados con epItetos racistas. Segün las
alegaciones. en el niornento de su ingreso en una
celda de la comisarla de Collipulli, el Sr. Jorge
Huenchullán fue rociado en la cara con gas
lacrimógeno. siendo objeto de burlas por parte del
personal de carabineros. Los detenidos
pennanecieron supuestamente niás de 13 horas en
dependencias policiales. Durante su
interrogatorio. los detenidos fueron obj eto de
golpes por parte de los carabineros. El dIa 3 de
febrero de 2007. alrededor de las 15.00 horas. los
detenidos fueron trasladados hasta el Tribunal de
Garantlas de Collipulli para la realización del
control de detención. El Tribunal abrió un proceso
ante la justicia militar en contra de los detenidos.
imputándoles un delito de atentado en contra de
los carabineros v poniéndoles en libertad con
medidas cautelares. El Sr. Henry Queipul
Morales, por su parte. fine trasladado a la cárcel de
Angol. debido a una supuesta orden de detención
pendiente en su contra. Se alega que los sucesos
descritos son parte de un patron más amplio de
discrirninación v rnalos tratos contra miembros de
las comunidades mapuches por parte de las
fuerzas de seguridad.
autoridad.
Por su parte. en lo que respecta a las lesiones
sufridas por Mijael Incola Carvones Queipul,
esto es hematoma occipital, herida cortante
occipital, de carácter leve. Segün el
diagnostico del medico de turno del Hospital
Regional de Collipulli, esta tiene su origen v
consecuencia en la necesidad del personal de
carabineros de emplear la fuerza racional v
necesaria para repelar la agresión ilegItima de
que era objeto v lograr la aprehensión de los
autores de los ilIcitos en cuestión.
En lo referente a las afinnaciones de que los
imputados fueron golpeados, amenazados e
insultados con epItetos racistas, ello carece de
veracidad v no se ajustan en caso alguno a la
realidad de lo sucedido. al igual que acontece
con el hecho de que el comunero Juan
Huenchullan hava sido rociado en la cara con
un gas lacrimogeno. toda vez que el personal
institucional carece de este elemento disuasivo
individual.
Respecto a que los detenidos Jorge
Huenchullan Cavul. Victor Calhueque
Milanao. Henry Queipul Morales v Marcelo
Villanueva Nahuel habrIan sido amarrados a
un poste en el pasillo de la comisarla.
pennaneciendo toda la noche en ese estado,
confonne lo seflala la comunicación. ello no
fine asI, por la circunstancia de que los
detenidos fineron ingresados al interior de la
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Waikilaf Manuel Cadin Calfunao. estudiante v
miembro de la comunidad mapuche “Juan
Pallalef'. ubicada en la comuna de Cunco en la
LX region de Chile. El 3 de abril de 2008. el
Sr. Waikilaf Manuel Cadin Calfunao se
encontraba sentado en la entrada de la sede de la
administración regional, en Temuco. después de
que se tenninara una marcha conmemorativa a los
tres meses del asesinato de otro estudiante
mapuche. el Sr. Matlas Catrileo Quezada. Segün
se infonna. seis agentes policiales unifonnados
detuvieron al susodicho. supuestarnente
ejerciendo una fuerza excesiva v sin infonnarle de
sus derechos.
Asimismo, durante el arresto. el Sr. Cadin
Calfunao ftie golpeado v amenazado con un anna
sala de irnputados de la unidad. rnanteniéndose
en su interior hasta el momento de ser
trasladados a la audiencia del control de
detención. sin existir durante la pennanencia
interrogatorio ni menos golpes de parte del
personal de carabineros.
Finalmente. cabe hacer presente que los
procedimientos policiales a que dieron lugar
los sucesos antes descritos. confonne a los
resuelto por el juzgado de garantla de
Collipulli. en la audiencia de control de
detención de rigor se ajustaron a derecho.
siendo fonnalizados los detenidos por el delito
de desórdenes püblicos graves,
imponiéndoseles medidas cautelares.
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29.
14/04/08 JUA
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de gnieso calibre. A continuación, llegaron varios
agentes de la unidad antidisturbios de la policia.
quienes trasladaron al susodicho a la segunda
comisarla urbana de Temuco. Se ha inforn ado
que. durante la detención se utilizó un perro que
atacó al Sr. Waikilaf Cadin Calfunao
provocándole heridas en el cráneo.
En la comisarla. un agente policial afin ó que el
incidente surgió de un control de identidad V que
al oponerse. el susodicho fue detenido para
verificar con la fiscal de turno cuál serla su
situación. Adicionalmente. mi funcionario de
carabineros interrogó a tres personas que fueron a
la Comisarla para infonnarse sobre el estado de
los detenidos que él mismo habia sido el autor de
la golpiza v que “si querlan lo denunciaron a las
Naciones Unidas o a quienes quisieran”. adeniás.
otro ftincionario habrla amenazado al Sr. Waikilaf
Cadin Calfunao. diciéndole que “mej or ándate del
pals. si no te vamos a tener toda tu vida preso”. El
5 de abril de 2008. el susodicho fine llevado al
Hospital “Hernán Henriquez” de Temuco a fin de
exarninar las lesiones sufridas durante su arresto v
detención. Además se le examinó estando él
esposado asi impidiendo una examen integral de
su estado fisico.
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Ms. Liu Jie, human rights defender and veteran
niral campaigner (subject of a previously
transmitted communication. A/HRC/7/ 14/Add. 1.
para. 118). On 26 October 2007. Liu Jie's
husband was told by officers at the Bei' an City
Nongken Detention Center. where Liu Jie was
detained, that she would be released on that day.
However, when he went to the detention center
that afternoon, he was told that it had been
decided to send Liu Jie to Re-education through
Labor (RTL). She is serving her 18-month RTL
ten in Qiqihaer, Heilongjiang Province, where
she has to work 14 hours a day, six days a week.
According to a doctor who examined her on
20 December 2007, Ms. Liu Jie will go blind if
she does not receive proper eve treatment
immediately. She niust be sent to Beijing for
treatment. Her family has requested RTL
authorities to grant her bail for medical treatment.
The e e injuries are said to be linked to beatings
by personnel of Heilongj iang Provincial Nongken
(Military Farm Bureau) Public Security Bureau,
Beian Sub-division. Tn March 2002, in one such
beating, she suffered permanent injury to her eye,
and drastically reduced vision. In detention, she
was again beaten and suffered further injuries to
her eyes. Her lawyers have also filed a request for
an administrative review of the decision to send
her to the RTL camp. The authorities have not
responded to either of these requests.
By letter dated 6/03/08, the Government
informed that because Liu Jie had caused a
public nuisance and disturbed the peace, Jie
was ordered to serve a term of one year and six
months' labour re education, to nm from
13 October 2007 to 12 April 2009. On
14 November 2007, Liu was sent by the public
security bureau in the city of Bei ‘an to the
labour re-education facility in the city of
Qiqihar to serve her ten of labour re
education. After entering the facility, Liu had
problems with her vision in both e/ es. On
15 November 2007, the doctor at the re
education facility first took Liu to the hospital
and then to the eye, ear, nose and throat
hospital in Qiqihar to be examined. The results
of the examination were as follows:
“1. Ametropia and vitreous opacity in the right
eye; 2. traumatic cataract in the left e e
(aphacia): 3. high degree myopia in the right
eye.” As Liu was not prepared to cooperate, it
was not possible for any further examinations
to be carried out. On 20 December 2007, the
hospital at the labour re-education facility once
again sent Liu for an examination by e e
specialists at Qiqihar hospital No. 1. The
results of the consultation were as follows:
“The left e e has undergone cataract surgery;
high degree myopia in the right eye;
pathological retinal degeneration.” The
consultant suggested that Liu see an
optometrist to have glasses prescribed, but she
30.
28/12/07
China
(People's
Republic of)
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refused. At that time Liu asked the doctor
about the possibility of a lens implant in her
left eve, and whether implanting a lens could
have other consequences for her eves. The
doctor told her that whether she had this done
sooner or later would not affect the
consequences, but that it would be better to
have it done sooner. The doctor did not on any
account say that, if she did not receive urgent
treatment, she could lose the vision in her eve
or that Heilongj iang province did not have
adequate facilities to treat Liu's eve injury and
that she must be sent to Beijing for treatment.
and other such allegations. In mid
January 2008, Liii's husband came to the
labour re education facility to demand that Liu
be allowed to see a doctor outside the facility
immediately. As Liu herself was not
cooperating in having examinations, it was
impossible to deten ine whether or not, in
accordance with the stipulations of the law, her
medical condition warranted her being allowed
to leave the facility for medical treatment.
Following Liu's admission to the facility, she
has not been beaten, subjected to punishment
or to any fon of ill treatment. Liu's eve
problems are not growing worse.
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In view of Liu's state of health, the
re-education facility is particularly attentive to
her. Liu is only required to perfonn light
manual duties that are well within her grasp
and she has not been placed on any fixed work
schedule or duty roster.
31.
04/01/08
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Hu Jia. a pro-democracy campaigner and
HIV-AIDS activist, co-founder of the Beijing
Aizhixing Institute of Health Education, and an
outspoken advocate for those affected by
HIV/AIDS (subject of a previously transmitted
communication. A/HRC/7/28/Add.1. para. 330).
On 27 December 2007. he was arrested on
suspicion of “inciting subversion of state power”.
Approximately 20 policemen came to his home,
where he and his wife and child had been under
house arrest. The police surrounded the house,
disconnected the telephone, and confiscated their
mobile phone, before taking Mr. Hu Jia into
custody. Several policemen remained at the house
in order to prevent his wife from reporting his
arrest. Mr. Hu Jia's current whereabouts are
unknown.
By letter dated 06/03/08, the Government
infon ed that on 27 December 2007, the
Beijing city public security authorities took
Hu Jia into criminal custody for the purposes
of investigation, and on 29 January 2008, the
procurator's office authorized his arrest.
Following preliminary enquiries. Hu Jia ftill
acknowledged the facts of the violations of the
law alleged in the charges against him by the
public security authorities, accepted that his
conduct had been in breach of the law and
expressed the hope that he would be treated
with leniency. On 18 Feb niarv, Hu Jia' s case
was referred to the Beijing procurator's office
for examination and prosecution. The case is
currently still under consideration and
investigation. In the course of applying
measures of restraint against Hu Jia, the
Beijing public security authorities have abided
strictly by the relevant provisions of the
Criminal Code and the Code of Criminal
Procedure and have taken practical steps to
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guarantee Hu Jia' s exercise of his rights as a
person suspected of a criminal offence. Hu
Jia's appointed legal counsel and members of
his family have had meetings with him and he
is currently in excellent physical health.
32.
26/02/08
UA
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Tsering Dhondup (also called Kanuyin). a
27-year-old Tibetan refugee. Qinghai Province.
On 23 Febniarv 2008, he was arrested by the
Nepal Police in a late-night raid on the Tibetan
Refugee Reception Centre. Kathmandu. Around
10.30 p.m. between 50 and 60 police officers,
some in plain clothes, entered and searched the
men's don itories where the refugees were
sleeping until they located Mr. Tsering Dhundup.
He was handcuffed and taken to Hanuman Dhoka
Police Station. where he was held for the night.
On the next day, he was transferred to the
Immigration Office. It was reported that, on
25 Febniarv. he was handed over to the Chinese
authorities at the Tibet-Nepal border at 4.15 p.m.
Tsering Dhundup is alleged to be involved in the
killing of a Chinese state official.
A reply was received from the Government on
10/04/08, but could not be translated in time
for inclusion in this report.
33.
05/03/08
JAL
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Zheng Enchong (subject of previously
transmitted communications. e.g.
A/HRC/7/3/Add.1, para. 43). On 16 and
17 Febniary 2008, he was assaulted by police
officers who were following him and his wife,
Ms. Jiang Meili. Later on 17 Febniarv. he was
summoned to the police station and detained for
over 12 hours. during which time he was beaten
by unidentified men. The police questioned
Mr. Zheng Enchong about legal aid he recently
A reply was received from the Government on
24/04/08, but could not be translated in time
for inclusion in this report.
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provided to petitioners and victims of land grabs.
The questions also focused on an interview
Mr. Zheng Enchong had given to the Epoch
Times on 12 February. On 19 Febmary, the
interview was published and, on the following
day, Mr. Zheng was arrested. In detention, he was
beaten by an unidentified person, sustained
injuries, and was released that evening.
34.
06/03/08
JUA
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Ms. Wang Guilan, a human rights activist and
organizer of an open letter calling for the
improvement in the human rights situation in
China, from Hubei Province. On
28 Febmary 2008, following the publication of
the open letter with signatures of over
12,000 petitioners, Ms. Wang Guilan was arrested
in Beijing by Public Security Bureau personnel of
her home province. Her current whereabouts are
unknown. A number of other petitioners involved
in the public letter were also detained by police.
A reply was received from the Government on
24/04/0 8, but could not be translated in time
for inclusion in this report.
35.
20/03/08
JUA
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RINT;
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HRD
Reports of violence during demonstrations in
the Tibet Autonomous Region and
surrounding areas in China, killings of an
unconfirmed number of people and arrests of
hundreds of demonstrators. On 10 March 2008,
demonstrations led by monks were organised
demanding greater freedom of religion and the
release of monks detained since October 2007. It
is reported that 300 monks from Drepung
Monastery, near Lhasa, proceeded with a peaceful
march towards the Potala Palace when they were
stopped by the police. It is believed that around
60 monks suspected to be the leaders of the
By letter dated 2 1/03/08, the Government
informed that during the past several days, a
small group of mobs have set fire at more than
500 locations in Lhasa and other places,
ransacked shops, banks, schools and hospitals,
smashed and burned vehicles, thus causing
heavy losses and seriouly disturbing social
order in the city. Eighteen innocent civilians
were burned or stabbed to death while 382
were injured. Two hundred-forty-two
policemen and armed police were injured,
23 of them seriously, including one death. The
Government has taken lawful measures to
protest were arrested by the Public Security
Bureau (PSB). Sixteen people, including
15 visiting students monks in Sera Monastery.
identified as L., aged 15. Lobsang Thukjev.
aged 19. Tsultrim Palden. aged 20. Lobsher, aged
20. Phurdan, aged 22. Thubdron. aged 24,
Lodroe, aged 30, and Lobsang Ngodnib. aged 29,
from Onpo Monastery. Sichuan Province; Zoepa,
aged 30. from Mangve Monastery; Tnilku Tenpa
Rigsang. aged 26. Gelek Pel. aged 32. and S..
aged 17 from Lungkar Monastery. Qinghai
Province; Pema Karwang. aged 30 and
Thubwang. aged 30. from Darthang Monastery;
and Tsegyam. aged 22. from Kashi Monastery led
a march on Barkhor Street in Lhasa, distributing
pamphlets and raising Tibetan flags. It is reported
that they were arrested by the People's Arn ed
Police. Additional contingents of arn ed forces
were then stationed in the area, and the police
blocked roads and encircled Drepung and Sera
monasteries around Lhasa to prevent further
protests from taking place. On the same day.
about 350 people, including 137 monks from
Lhutsang Monastery in the Tibetan area of Amdo
in Mangra County. organized a protest in front of
the Mangra County Assembly Hall where a
government-sponsored show was taking place.
The protest was stopped by the People's Armed
Police. A number of arrests took place during the
disniption of the protest, but no information on
the whereabouts of the arrested monks has been
received. Reports indicate that on ii March,
restore law and order. It is committed to the
promotion and protection of human rights.
including the right of peaceful demonstrations
and freedom of expression. However, what the
mobs have done in the riots is nothing but
criminal acts trampling on basic human rights
and values. Every responsible Government is
obliged to take necessary measures to protect
the lives and property of its people according
to law. The Dalai clique is trying to take
advantage of the riots for political gains. In
fact, ample evidence had indicated that the
riots were instigated and organized by them.
They have kept making trouble in order to
sabotage the Olympic Ga ines, which are held
in China but belong to the world. It is against
the interests of the world community for the
Dalai clique to undermine the Games, and they
are doomed to failure. The Government is
keeping a close watch on them, and have
watched closely if there are other political
forces behind those riots.
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500 to 600 monks from the Sera Monastery called
for the release of the monks arrested the day
before and began a march towards Lhasa, but
were met on the way by approximately
2,000 armed police. The crowd was reportedly
dispersed with tear-gas. A number of monks were
detained and then released. On 11 March, the
police surrounded and sealed off Ditsa Monaste
in Hualong County in Qinghai Province after the
monks held a protest.
On 14 March, violent incidents were reported in
Lhasa as tension escalated between hundreds of
demonstrators and police forces. Gunfire was
heard in the streets, and shops and cars were set
on fire. Allegations that a significant number of
Tibetans and Han and Hui Chinese have been
killed during the demonstrations have been
received. Monks from Ganden and Reting
monasteries joined the demonstrations, and the
two monasteries were later sealed off by police. A
number of monks from Sera Monastery started a
hunger strike to protest against the sealing off of
monasteries and the detention of nionks.
( z
Reports indicate that, in particular since
14 March, the wave of demonstrations by monks
and lay people has spread in the whole Tibet
Autonomous Region and in neighbouring
provinces. These demonstrations have reportedly
sometimes been violently repressed, in many
cases leading to arrests of demonstrators.
Allegations were received that since 14 March,
the People's Liberation An v has been patrolling
the streets of Lhasa. On 15 March. shooting was
reported inside the compound of Tashi Lhunpo
Monastery in Shigatse, and at least 40 lay people
demonstrating around the monastery were
arrested. The next day, monks trying to escape the
Kirti Monastery in Amdo in the Sichuan
Province, which had been sealed off by the
military, have allegedly been shot at; tear-gas was
reportedly used on the demonstrators supporting
the monks outside the monastery, and many
demonstrators were severely beaten by the police.
The police is then alleged to have shot into the
crowd, killing and injuring a considerable but
unconfirn ed number of people. On 17 March,
students of Marthang Nationality Middle School
in Hongyuan xian County, Aba Prefecture,
Sichuan Province, aged between 14 and 20.
started a protest inside the school. PSB officials
blocked the entrance and beat the students while
they were trying to come out of the school.
Approximately 40 students are said to have been
arrested. Around 700 students then staged a
demonstration outside the Hongvuan xian County
PSB office to protest against the detention of
fellow students. Since 10 March, it is reported
that raids in the homes of people forn erly
imprisoned for their political opinions have taken
place. Since 15 March, house-to-house searches
are allegedly being carried out in Lhasa, with CDs
and printed material being confiscated, and
people being taken in custody. It is reported that
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on 15 March, at least 600 people had been
arrested in Lhasa, either as a result of a house
search or during demonstrations. Three hundred
additional people were reportedly arrested on
16 March.
36.
31/03/08
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Yang Chunlin, a farmers' representative and
land-rights activist in Heilongjiang Province. On
24 March 2008, Mr. Yang Chunlin was sentenced
to five years' imprisonment and two years'
deprivation of political rights for “inciting
subversion of state power”, following a trial
which lasted approximately 20 minutes. The court
police hit Mr. Yang Chunlin several times with
electric batons when he attempted to speak with
his family attending the hearing in Jiamusi City
Intermediate People's Court, Heilongjiang
Province. While in detention, Mr. Yang Chunlin
was subjected to torture and coerced to confess.
The authorities denied Mr. Yang Chunlin access
to his family and restricted access to his legal
counsel. Yang's conviction was related to his
collecting more than 10,000 signatures endorsing
the open letter, ‘We Want Human Rights, not the
Olympics”. Concern is expressed for Mr. Yang
Chunlin' s physical and psychological integrity in
detention.
A reply was received from the Government on
0 1/07/08, but could not be translated in time
for inclusion in this report.
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37.
09/04/08
JUA
HRD;
FRDX:
M1N:
RINT:
SUMEX;
WGAD;
TOR
Killings, injuries and arrests of protestors in
Gan Zi Xian, Sichuan Province, and the
arrests of over 570 Tibetan monks, including
children, in Aba Xian and in Ruanggui/Zoige
Xian the Tibetan Autonomous Region (see
para. 35). On 3 April 2008. at least eight
protestors were killed and several injured when
security forces opened fire during a peaceful
protest in Zithang Township in Gan Zi Xian.
Sichuan Province, calling for the release of two
monks previously arrested. Several protestors
were also arrested. On 28 and 29 March 2008,
over 570 Tibetan monks, including some children.
were arrested following raids by security forces of
the Chinese People's Arn ed Police and the Public
Security Bureau on monasteries in Aba Xian and
in Ruanggui/Zoige Xian in the Tibetan
Autonomous Region. Arrests were made of those
suspected of participating in protests and those
suspected of communicating with the exiled
Tibetan communities. Serious concerns are
expressed over the aforementioned arrests and
detention of, and the excessive use of force
against, the above-mentioned persons, including
reportedly peaceful protestors.
A reply was received from the Government on
21/05/08. but could not be translated in time
for inclusion in this report.
38.
24/04/08
JUA
FRDX;
HRD:
IJL;
TOR
Ms. Zheng Mingfang, a human rights defender
and petitioner in Ji County, Tianjin. On
29 Febniar 2008, the Tianjin police arrested
Ms. Zheng Mingfang at her home. She has been
held incommunicado since the arrest. Her family
has not received any formal detention order and
their requests to contact and meet with her have
By letter dated 13/06/08, the Government
indicated that on 1 March 2008, she concocted
a terrorist message. claiming that a man
driving a vehicle supposedly filled with
explosive was going to blow up a State
gymnasium. Since the story she made up and
spread caused a disturbance and seriously
been repeatedly denied by the police. In addition,
she has not been allowed to meet with a lawyer.
Ms. Zheng Mingfang has been sentenced to two
years of reeducation through labor (RTL) and is
currently being held at the Xian district centre in
Tianjin. east of Beijing. Ms. Zheng Mingfang's
health has deteriorated and she is begiiming to
lose her sight. Ms. Zheng Mingfang's husband's
mobile phone and computer equipment were
confiscated after her arrest. On 4 April. the
Tianj in police warned Ms. Zheng Mingfang ‘5
family not to communicate with foreigners. The
husband was told that, if he did not comply.
Ms. Zheng Mingfang would not be released. Her
sister was ordered to turn off her mobile phone
and keep away from j ounialists.
disnipted public order, the Tianjin public
security authorities, acting in accordance with
the relevant Chinese regulations on
re-education through labour, applied
re-education through labour to Zheng on
1 April 2008. Re-education through labour in
China is conducted on basis of the decision on
the matter approved in 1957 by the Standing
Committee of the National People's Congress
and other such laws and regulations. It is not a
criminal punishment but an administrative one.
Under the regulations, re-education through
labour is applicable only to people aged
16 years and older who have disnipted the
social order in large or medium-sized cities
and refused to mend their ways, or who have
committed petty offences not meriting a
criminal penalty, and who meet the conditions
laid down in the regulations. There is a strict
legal procedure for ordering re-education
through labour, and a statutory supervision
system. Persons wishing to challenge a
re-education order can appeal to the
re-education through labour management
committee or, under the terms of the
Administrative Proceedings Act, to the
people's courts. Apart from being required to
comply with disciplinary measures under the
re-education through labour regulations which
restrict some of their rights, individuals subject
to re-education retain the wide range of civil
rights afforded to them by the Constitution and
Para.
Country
Date
Type
Mandate
Allegations transmitted
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FL
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Country
Date
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Mandate
Allegations transmitted
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laws, including permission to see family
members while undergoing re-education and
freedom of correspondence, rest on holidays
and so forth.
39.
07/05/08
JUA
TOR;
FRDX;
TOR;
VAW
Ms. Jamyang Kyi, aged 42. a well-known
Tibetan writer and musician, and a writer of
women's issues in Tibet. On 1 April 2008, she
was taken away by plain-clothed state security
officers from her office at the Qinghai Provincial
Television Station in Xining City. She was
initially held at the Xining City Public Security
Office, but on 4 or 5 April she was taken to an
undisclosed location. No forn al charges against
her have been made public. Ms. Jamyang Kyi
kept in contact with her family via mobile phone
until 7 April. Since then her phone has been
turned off During two searches of her home.
police officers are reported to have confiscated
her personal computer and other personal items.
40.
22/05/08
JUA
WGAD;
FRDX;
HRD:
TOR
Qi Chonghuai and Mr. He Yanjie, journalists
who have frequently reported on cases related to
corruption and social justice. On 13 Ma 2008,
Mr. Qi Chonghuai and Mr. He Yanjie were
sentenced to four years imprisonment for
“extortion and black mail” by the Tengzhou City
Court. Shandong Province. Two court policemen
reportedly hit Mr. Qi Chonghuai' s head against
the floor several times during the trial. He was
also dragged out of the courtroom when he tried
to comfort his wife during a break in the trial.
Mr. Qi Chonghuai and Mr. He Yanjie were
arrested on 25 June 2007 by Tengzhou police
A reply was received from the Government on
07/08/08, but could not be translated in time
for inclusion in this report.
Para.
Country
Date
Type
Mandate
Allegations transmitted
Government response
officers, following a publication of an article
alleging official corruption in the Tengzhou
Communist Party. They were formally charged
with “extortion and blackmail” on 2 August 2007.
Both men are currently held at the Detention
Center of Tengzhou City. Mr. Qi Chonghuai was
allegedly held incommunicado during the first
two months of his detention and has been
repeatedly assaulted and threatened by security
guards throughout his eleven-month pre-trial
___________ _________ ____ ________ detention .
41. 06/06/0 8 JUA FRDX; Several nuns and monks from the Kardze County,
HRD; Kardze “Tibet Autonomous Prefecture”, the
TOR Sichuan Province in Tibet Autonomous Region,
including three nuns from Dragkar nunnery; Ven.
Sangye Lhamo, aged 26, from Kyakyatengtsang
family of Dungra Village, Serchuteng Township,
Ven. Tsewang Kando, aged 38, from Dungra
Village, Serchuteng Township and Ven. Yeshi
Lhadon, aged 24, from Tsozhi village, Mrs.
Rigden Lhamo, student, aged 21, from Lhakey
Village, Thingkha Township, four nuns from
Nyimo Gaysey Nunnery in Lhopa Township,
Tehor Kardze County; Bhumo Tengha; Rinchen
Jamatsang, Jamgha Dolma and Pema, two nuns
from the Dargay Hardu Nunnery in Kardze
County; Ven. Jampa Lhamo, aged 30, from
Sadul Village and Ven. Rinzin Wangdon, aged
23, from Lharinyan Village as well as twelve
monks from the Dingri Shelkar Choedhe
Monastery, Dingri County, Shigatse Prefecture, a
namely; Ven. Khenrab Tharchin, aged 32,
Dnishe Village, Shelkar Township, Ven.
Tsewang Tenzin, Phelbar Village, Shelkar
Township, Dingri County, Ven. Tenzin Gayphel,
Lingshar Village, Gavmar Townsip, Dingri
County. Ven. Khenrab Tashi, Mashak Village,
Shelkar Township. Dingri County. Ven. Topgyal.
Dnishe Village. Shelkar Township, Dingri
County, Ven. Tenzin Tsering, Bichu Village,
G atso Township, Dingri County, Ven. Lobsang
Jigme, Norgay nomadic area, Shelkar Township,
Dingri County. Ven. Khenrab Nyima. Shelkar
Township, Dingri County, Ven. Dhondup, Che
Village, Tsakhor Township, Dingri County, Ven.
Tenpa, Lob Langga, Shelkar Township, Dingri
County, Ven. Samten, Shollingshar, Shelkar
Township, Dingri County, and Ven. Choedhen,
Shollingshar, Shelkar Township, Dingri County.
On 28 May 2008 at around 9am. following a
reportedly peaceful protest in Karzde County
main marked square, the three nuns, Ven. Sangye
Lhamo, Ven. Tsewang Kando and Ven. Yeshi
Lhadon, were arrested and detained by Kardze
County Public Security Bureau officials. The
nuns had been calling for the immediate release of
political prisoners in the Tibet Autononious
Region, expressed their support to the Dalai Lama
and called for the independence of Tibet. On the
same day, the student Mrs. Rigden Lhamo was
arrested by the county Public Security Bureau
officials after having initiated a reportedly
peaceful protest at the headquarters of the Kardze
County Government by unfurling the Tibetan flag
Para.
Country
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Type
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CJQ
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and calling for a free Tibet. The security forces
allegedly opened fire towards Mrs. Rigden
Lhamo. There is however no confin ed
infon ation on whether Mrs. Rigden Lhamo was
injured as a result of the reported shooting. On
22 Ma 2008, the four nuns Bhumo Tengha (from
Lunang Village), Rinchen Jamatsang. Jamgha
Dolma and Pema of Nyimo Ga se Nunnery in
Lhopa Township. Tehor Kardze County, were
beaten with batons, kicked and punched by
officers from the local Public Security Bureau
before they were arrested. It appears that this took
place after the nuns had carried out a reportedly
peaceful protest at the Kardze County government
headquarters, whereby the nuns had protested
against the recent reported crackdown on peaceful
Tibetan protesters and the detention of Tibetans in
Chinese prisons. The nuns had also distributed
leaflets calling for the independence of Tibet. On
19 Ma 2008. during a reported night raid by
Chinese people's An ed police (PAP) forces and
Public Security Bureau (PSB) officials, twelve
monks from the Dingri Shelkar Choedhe
Monastery, Dingri County, Shigatse Prefecture
were arrested, reportedly for opposing the
“Patriotic re-education” campaign. Upon request
to the Public Security Bureau of the whereabouts
of their family members, the monks' families
were apparently questioned about their source of
infon ation and told that their attitude could
damage the image of the government. According
to the information received, the abovementioned
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Date
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Mandate
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persons are still being detained inconiniunicado at
undisclosed places, without charge or access to
lawyers and families.
42.
06/06/08
JUA
FRDX;
HRD;
TOR
Ms. Ren Shangyan, Assistant Director of the
C/i/nc , Justice Advoccicy Web (Zhonghuci
Shenzheng Wcing,), a website which frequently has
reported on cases related to alleged corruption and
social justice. On 16 Ma 2008, Ms. Ren
Shangyan was arrested by several Shuangyashan
Public Security Bureau (SPSB) officers in
Shuangyashan City. Heilongj iang Province. Her
current whereabouts are unknown, and her family
has not been inforn ed by the police of her
detention. Shortly before her arrest, Ms. Ren
Shangyan had been investigating accusations
against the Vice-Chief of the Anti-Corniption
Bureau under the Procuratorate of Lingdong
District. Shuangyashan City. Tn March 2008. after
the China Justice Advocacy Web initiated to
investigate the case, the website was temporarily
closed by the internet police. In 2007, the website
was repeatedly blocked following various reports
on corruption cases in Shanghai.
43.
16/06/08
JAL
FRDX:
HRD;
TOR
Ms. Liu Jia, a human rights defender and
democracy activist (see para. 30). Prior to her
arrest on 11 October 2007. Ms. Liu Jia had been
coordinating the presentation of a public letter,
signed by over 12,000 petitioners, calling on
Chinese Comniunist Party leaders to enact
political and legal refonns. She was subsequently
ordered to be detained at a Re-education through
Labour (RTL) camp for 18 months on charges of
HRD:
TOR;
VAW
“disturbing social order”. There are also concerns
for Ms. Liu Jia's health, particularly her vision.
addressed in the aforementioned communications
and in the Government's response of 6 March
2008. On 22 May 2008, Ms. Liu Jia was
transferred from Qiqihar RTL camp to Harbin
Dnig Rehabilitation Center. At the Center,
Ms. Liu Jia was forced to sit on a “Tiger Bench”,
for five consecutive days. This involves the
person being forced to sit upright on a long bench,
with her hands tied behind the back. The thighs
are fastened with a rope to the bench while the
feet are raised off the floor by bricks placed under
the feet, placing extreme strain on the knees and
causing pain. This practice aims at instilling
discipline anlong those detained.
Ms. Mao Hengfeng, a reproductive rights and
housing rights activist who has petitioned against
family planning policies and forced evictions
since 1989. We acknowledge receipt of the
response from your Government on
15 January 2008 (see para. 52). On 3 June 2008.
Ms. Mao Hengfeng was taken to a prison hospital
against her will. She was stripped naked by
twelve female prisoners chosen by prison
authorities, tied to a bed and left there until she
was returned to Shanghai Women's Prison on
16 June 2008. She was injected with twelve kinds
of unknown medication which reportedly gave
her headaches and burning pains. Blood was
extracted from her against her will. In her stniggle
to stop this from happening she lost a large
A reply was received from the Government on
02/09/08, but could not be translated in time
for inclusion in this report.
CJQ
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Country
Date
Type
Mandate
Allegations transmitted
Government response
44.
17/07/08
JUA
HOUS;
WGAD;
FRDX;
HRD:
TOR
amount of blood. Despite temperatures being very
high she was covered with a blanket and her
mouth and nose were at times covered with
clothes to stop her from breathing. She was
beaten and had her breast, mouth and genitals
pinched by prisoners and guards. During her time
in the prison hospital she was not allowed to
wash. After she returned to Shanghai Women's
Prison, a shutter was put up on the only window
in her cell to block out light.
Ye Guozhu. On 22 July 2008, Mr. Ye Guozhu
was taken away from Chaobai Prison in Tianjin
by officers of the Beijing Public Security Bureau
(PSB). Xuanwu Sub-division. where he was
serving a prison sentence that was due to come to
an end on 26 July 2008. His brother received a
call from the prison authorities at around 4 pm on
22 July. explaining that it would not be necessary
for him to come and pick up his brother on
26 July. Mr. Ye's brother immediately called the
police in Xuanwu. who initially denied any
knowledge of Mr. Ye Guozhu's whereabouts.
however, later admitted that Mr. Ye had been
transferred from Chaobai Prison. The authorities
refused to disclose Mr. Ye's place and envisaged
duration of detention. Mr. Ye Guozhu was active
in assisting petitioners to file complaints with the
central government against forced evictions. After
he had applied for permission, in August 2004, to
organize the so called “September 18
10,000 People March” he was sentenced by
A reply was received from the Government on
17/11/08, but could not be translated in time
for inclusion in this report.
Para.
Country
Date
Type
Mandate
Allegations transmitted
Government response
45.
28/07/08
CJQ
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JUA
Para.
Country
Date
Type
Mandate
Allegations transmitted
Government response
theBeijing Intern ediate People's Court to four
years in prison for “disturbing the social order”.
He was reportedly ill-treated while in detention.
46. 29/07/08 JUA WGAD; Xie Changfa. a human rights defender from A reply was received from the Government on
FRDX; Changsa, Hunan Province, and Mr. Lu Honglai. a 03/09/08, but could not be translated in time
HRD: human rights defender from Tianjin. Mr. Xie for inclusion in this report.
TOR Changfa was arrested and detained on
25 June 2008 by the Yuhua branch office of the
Changsa Public Security Bureau (PSB). The
ground for his detention was “suspicion of
subverting state power”. According to
unconfirmed reports, Mr. Xie Changfa might be
currently detained at the detention centre in
Changsa City. Mr. LU Honglai was arrested and
detained on 9 July 2008. The wife of Mr. LU
Honglai was infon ed by the Tianjin Municipal
State Security Bureau that her husband was under
investigation. The current place of detention of
Mr. LU Honglai is unknown. When his wife
inquired about his whereabouts, authorities
refused to provide infon ation. Mr. Xie Changfa
was fon erly a cadre at the Changsha steel
factory and the Changsha city government, and
also served as a township head in Liuyang
County. He was arrested several times before and
served two years' “re-education through labour” —
for his 1989 activities in support of democracy.
Mr. LU Honglai served a four-year prison ten
beginning in 1981 for his editorship of a
magazine during the so-called “Democracy Wall
period” between 1979 and 1981.
CJQ
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Country
Date
Type
Mandate
Allegations transmitted
Government response
47.
30/07/08
JUA
FRDX;
HRD;
TOR
Ms. Ni Yulan. a housing rights activist and
lawyer. Ms. Ni Yulan has been active for several
years in assisting victims of forced evictions in
Beijing. Ms. Ni Yulan was previously sentenced
to one /ear of imprisonment for “obstnicting
official business” after she had sought redress for
being beaten by Beijing police on 27 September
2002 while she was trying to film the forced
demolition of a Beijing home. That beating left
her disabled and in need of cnitches for walking.
On 15 April 2008. demolition workers and
policemen knocked down a wall of Ms. Ni
Yulan's home, following which Ms. Ni Yulan
allegedly hit one member of the demolition crew.
She was then detained for a short while on
15 April 2008 and re-arrested by the Xicheng
District sub-division of the Beijing Security
Bureau on 29 April 2008 on charges of
“obstnicting official business”. While in custody
at the Xinj ekou Police Station, she was reportedly
beaten and mistreated, which resulted in her
losing consciousness for two days. Also, her
cnitches had been taken away from her, and she
was forced by the police to crawl when she
needed to use the bathroom.
A reply was received from the Government on
30/09/08, but could not be translated in time
for inclusion in this report.
48.
3 0/07/08
JAL
SUMX;
TERR;
TOR
In January 2007, security forces arrested a group
of 17 Uighur men, members of the East Turkistan
Islamic Movement (ETIM), in Akto county,
Xinjiang Province. The names of two of the men
were Mukhtar Setiwaldi and Abduweli 1mm.
The men were subsequently charged with
separatist activities, organizing and leading a
CJQ
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Para.
Country
Date
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Mandate
Allegations transmitted
Government response
terrorist organization, and the illegal production
of explosives. At a trial held in November 2007
they were found guilty.
Mukhtar Setiwaldi. Abduweli 1mm and two or
three other members of the group received death
sentences, while the others were sentenced to
tern s of imprisonment. Some reports indicate that
two of the defendants were executed immediately
after the trial.
On 9 July 2008, the local government authorities
brought thousands of students and workers to a
public square in Yengishahar. Three men were
brought before the crowd, death sentences were
read out loud (indicating that the men were
among those arrested in Akto in January 2007)
and then the three men were executed by a firing
squad. Some reports maintain that Mukhtar
Setiwaldi and Abduweli 1mm were among those
executed on 9 July 2008. while others state that
they had already been executed in
November 2007.
49.
27/08/08
JUA
FRDX;
HRD;
TOR
Ms. Liu Jie, veteran niral campaigner advocating
the rights to complain and to seek justice (see
paras. 30 and 34). On 15 August 2008, Mrs. Liu
Jie, whose health is still very poor. was reportedly
assaulted by a guard at the Harbin Dnig
Rehabilitation Centre (i.e. RTL camp) where she
is currentl/ detained. when she argued with him
about the alleged mistreatment of a fellow
detainee. During the assault. Mrs. Liu Jie shoved
the guard forward in an act of self-defence. She
A reply was received from the Government on
17/11/08. but could not be translated in time
for inclusion in this report.
WGAD;
FRDX;
HRD:
TOR
was then accused of attacking the staff of the RTL
camp and, as punishment, was forced to sit on a
“tiger bench”. The practice consists of forcing the
victim to sit upright on a long bench, with her
hands tied behind her back: her thighs are
fastened with a rope to the bench while her feet
are raised off the floor by bricks placed under her
feet. Extrenie strain is put on the knees of the
victini. Such practice, which amounts to torture.
causes great pain.
Ms. Wang Guilan. a human rights activist froni
Enshi City. Hubei Province (see para. 34). We
acknowledge receipt of the response of Your
Excellency's Government on 28 April 2008. On
29 July 2008, Ms. Wang Guilan was criminally
detained on suspicion of “disturbing social order”
after she had allegedly given a phone interview to
a foreign journalist. She is now held at the Enshi
City Detention Centre. On 28 August. Chinese
authorities decided to send Ms. Wang Guilan to a
“Re-education through Labour” (RTL) camp for
fifteen months, without trial or having been
presented to ajudge. Prior to her arrest,
Ms. Wang Guilan had been held incommunicado
at an unknown location since 17 April, reportedly
to prevent her from “making trouble”.
A reply was received from the Government on
17/11/08, but could not be translated in time
for inclusion in this report.
Para.
Country
Date
Type
Mandate
Allegations transmitted
Government response
50.
01/09/08
CJQ
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51.
24/11/08
JUA
IJL:
Wo Weihan may be at imminent risk of
SUMEX;
execution. He was sentenced to death in
TOR
Ma 2007 for spying following a closed trial in
Beijing. His appeal was rejected on
29 Febniar 2008.
Mr. Weihan had been detained in Beijing on
19 January 2005. but was not forn iallv arrested
until S May. Mr. Weihan. who reportedly had not
had any health problems prior to his detention.
suffered a brain hemorrhage in a detention centre
on 6 Febniarv 2005. following which he was
allowed to recuperate at home for six weeks. In
March 2005, he was taken to Beijing Municipal
Bo Ren Hospital (a prison hospital) where he has
been held since.
Reports indicate that Mr. Weihan was held
incommunicado during the first ten months of his
detention and only then allowed regular meetings
with his lawyers. It is further alleged that he
confessed to the charges while in detention.
Concern has been expressed that Wo Weihan may
have confessed to the spying charges under
torture, in the absence of a lawyer .
Mao Hengfeng (A/HRCI7I3IAdd.1. para. 49)
By letter dated 15/01/08, the Government
informed that after being taken into custody.
Mao Hengfeng was placed in a cell with two
other offenders and was not placed in solitary
confinement. Mao has never been beaten by
any other female prisoners, nor has she been in
any fights with other women inmates or
suffered any “cuts and bniises”. The results of
the physical examination carried out on Mao's
admission to the detention facility
demonstrated that she suffered from high
blood pressure, but other indications were
normal. After undergoing treatment for her
Para.
Country
Date
Type
Mandate
Allegations transmitted
Government response
52.
Follow-up
to earlier
cases
CJQ
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condition at the hospital, her blood pressure
has now returned to norn al. Her most recent
frill medical exam was carried out by the
hospital in early December 2007. While
undergoing treatment. Mao was never
subjected to any forced medication. The
allegations in the communication that Mao has
been subjected to ill-treatment are not
supported. Prison officers treat prisoners in
accordance with the law and Mao enj ovs her
rights on the same footing as the other
prisoners: her right to health, her right to
appeal and all other legitimate rights of which
she has not been stripped are protected by law.
Since her admission to the detention facility.
she has received monthly visits from faniily
members, including her husband and daughter.
To date, Mao herself has submitted no written
complaints, nor has she sought a meeting with
her lawyers.
By letter dated 15/01/08, the Government
informed that Mr. Zheng Dajing refused to
accept the Shiyan City People's High Court
judgment of 9 December 2005 and on many
occasions travelled to Beijing to lodge appeals.
On 14 June 2007. Mr. Zheng Dajing and other
complainants gathered at the Supreme Court to
submit complaints, and were involved in
clashes with the security persoimel. The public
security authorities investigated his conduct on
suspicion that the irregular maimer in which he
had lodged his complaints had disrnpted law
Para.
Country
Date
Type
Mandate
Allegations transmitted
Government response
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53.
Zheng Dajing (A/HRC/7/3/Add.1. para. 47)
By letter dated 13/02/08, the Government
informed that on 4 September 2007, slogans
advocating division of the State appeared in
Bora village in Xiahe county, Gannan
prefecture, Gansu province. Following an
investigation by the public security authorities,
it was ascertained that these separatist slogans
had been painted by seven juveniles from the
villages ofYaliji and Amqog AmchokI in
Xiahe county. Acting in accordance with the
law, the public security authorities proceeded
to question these seven juveniles in the
presence of their guardians and they all freely
acknowledged their wrongful actions. Taking
into consideration the tender age of the seven
culprits and their inability to distinguish
clearly between right and wrong, the public
security authorities, acting again in accordance
with the law, duly admonished them and then
ordered their guardians and parents to take the
children properly in hand. There was no
instance of arbitrary detention and arrest or of
their being beaten and sustaining injuries while
held in custody.
54.
Para.
Country
Date
Type
Mandate
Allegations transmitted
Government response
and order, but he was neither taken into
criminal custody nor placed under arrest. Nor
was there any instance of him being subjected
to beatings or ill-treatment.
C. K., T. K., D. T., and G. (A/HRC/7/3/Add.1,
para. 48)
55.
Colombia
18/08/08
JAL
FRDX;
Sr Guillermo Rivera Füquene, anterior
Mediante carta de fecha 22/08/08, el Gobierno
HRD;
Presidente del Sindicato de Servidores PiThi /cos
indicO que el Gobierno Nacional, a través del
SUMX;
de Bogota (SINSRVPUB). El 22 de abril de 2008,
Ministerio del Interior y de Justicia, los
TOR
aproximadamente a las 6.30 am., el Sr Guillermo
presidentes de la Central Unitaria de
t
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Rivera Füquene fue detenido por una patrnlla de
la Policla Nacional. El 24 de abril se encontró un
cadaver. sin documentos de identidad v con
signos de tortura. en un botadero de escombros.
El 15 de julio de 2008. fine enterrado este cadaver
como persona sin identificación conocida (NN).
Sin embargo, en una exhumación posterior
ordenada por la Fiscal 49 de Tbagué. se identificó
el cuerpo como el del Sr Guillenno Rivera
Füquene. Fueron descubiertos signos de
ahorcamiento. golpes en la cara V contusiones en
varias partes del cuerpo. Se afirn a también que
32 sindicalistas fueron asesinados durante 2008
en Colombia.
Trabaj adores v Confederación de Trabaj adores
de Colombia. v el Secretario General de la
Confederación General del Trabajo. la Fiscalla
General. el DAS v la Policla Nacional:
• Lamentan profundamente el crimen
contra el lIder sindical Guillenno Rivera
Füquene. rechazan los ataques de que
han sido vIctimas los sindicalistas v
expresan el repudio a todo acto que
restrinja la libertad de asociación
sindical
• Se reforzará el gnnpo de fiscales
especializados para combatir las bandas
criminales V en especial los casos de
crInienes contra sindicalistas
• Se incrementará la prevención de
nuevos crIrnenes contra sindicalistas.
cualquiera que sea la naturaleza o su
origen
• Adelantará una campafia por todos los
medios de comunicación. defendiendo
este derecho establecido en la
Constitución Nacional v ratificado en
los convenios con la OTT
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• Se convocará a una reunion de
empresarios, dirigentes sindicales y
Gobierno para establecer un mecanismo
conj unto que evite el constreflimiento a
la libertad sindical y se castigue a los
infractores de este derecho
• Habrá un inventario real de los casos de
ataques contra sindicalistas, para que las
autoridades judiciales determinen sus
verdaderos móviles
• Se hará más eficaz el mecanismo de
alerta temprana y se reforzará el
protocolo de prevención para identificar
los casos crIticos
• Los comandantes de Policla
Departamentales están obligados a
rendir informes mensuales al DAS, la
Fiscalla, el Gobierno y los dirigentes
sindicales sobre la situación de riesgo y
protección de los sindicalistas en sus
junsdicciones
• El Director de Derechos Humanos del
Ministerio del Interior y de Justicia
mantendrá contacto permanente con los
máximos dirigentes de las
confederaciones sindicales para efectos
de perfeccionar cada vez más los
mecanismos de protección de los
sindicalistas
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• Se creará el mecanismo de la Red
Virtual para los sindicalistas. para
atender alertas en tiempo real. tal como
opera el mismo sistema para los alcaldes
v concej ales
• El Gobierno Nacional ofrece
recompensas por infonnaciones que
conduzcan a la captura de los
condenados por crImenes contra
sindicalistas v que no han sido
capturados
56.
Follow-up
to earlier
cases
D. V. P. (A/HRCI4I33IAdd. 1. para. 49)
Mediante carta de fecha 28/08/08. el Gobierno
indicó que la Fiscalla General de la Nación
comunicó que se abrió una indagacion penal
en febrero de 2007. por el presunto delito de
abuso de autoridad. en el que se incorpora la
denuncia penal que por estos hechos
interpusiera el apoderado judicial en
representación del señor I. V. A., padre del
joven V. P.
Dentro de la indagacion se elaboró el
programa metodologico el 5 de octubre
de 2007. que consiste en la sesión de trabajo
del Fiscal con los integrantes de la Policla
Judicial. para la definición de los objetivos que
orientarán las posibles hipótesis delictivas. los
criterios de evaluación de la información
dentro de la investigación v la realización de
práctica de pniebas. para esclarecer los hechos.
Ms. Vera Musilová. She was kept in a cage bed
in Bohnice Hospital in Prague for an extensive
period of time. and died there as a result of
suffocating in her own faeces on 14 April 2006.
The case was investigated by various institutions.
including the investigation commission of the
Ministry of Health, the Public Defender of Rights
and law enforcement authorities. The report of the
Deputy Public Defender identified a number of
violations, including her placement in the cage
bed, which was found to be an uimecessarv
measure of restraint as she was held there every
day for a prolonged period. Bohnice Hospital also
failed to nionitor Mrs. Musilová's worsening state
of health and to offer any treatment other than
tranquilizers. In contrast, the Ministry of Health
and law enforcement authorities found no
shortcomings in the care and treatment of
Mrs. Musilová. In more general ten s, cage beds
(which include beds covered by nets) are used in
psychiatric hospitals (and psychiatric wards of
De esta manera, se ordenó a la Policla Judicial
establecer las circunstancias de tiempo, modo
y lugar en que habrIan ocurrido los presuntos
hechos. Actualmente. la Procuradurla
Delegada Disciplinaria está en conocimiento
de varias actuaciones adelantadas contra dos
Subintendentes de la Policla Nacional
implicados en la investigación. La Fiscalla
competente está pendiente de la recepción de
la entrevista de la abogada de las vIctimas de
los presuntos hechos.
By letter dated 04/02/08, the Government
agreed that the summary, although brief,
accurately expresses what happened in
Bohnice Psychiatric Hospital in April 2006.
The only inaccuracy may be found in the
technical ten “cage bed”. The beds used in
psychiatric hospitals in the Czech Republic are
referred to as “net beds” as the protective mesh
is made of a fabric net.
Regarding the legal framework of the usage of
net beds, the Special Rapporteur is rightly
pointing at the unbinding character of the
current “Guidelines on Restraint Use” (2005).
The Guidelines are a methodological
instniction issued within the scope of the
Health Care Act (1966) that sets out the
principles of health care and medical
treatment. The Health Care Act clearly states
that medical treatment can be provided without
consent of a patient or its guardian only in a
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57.
Czech
Republic
04/02/08
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general hospitals) under the authority of the
Ministry of Health. The hospitals that use cage
beds most are: Havlickuv Brod (Vvsocina region),
Kosmonosv (Central Bohemia region). Sternberk
(Olomouc region). Dobranv (Plzen region),
Opava (Moravkoslezsk region), and Jihlava
(Vvsocina region). In social care institutions
under the authority of the Ministry of Labour and
Social Affairs, cage beds have officially been
banned from 1 January 2007, but the ban has not
been implemented. In some social care centres for
minors, cage beds continue to be used, sometimes
for prolonged periods. On 1 December 2004, the
Ministry of Health issued “Methodical Guidelines
on Restraint Use”. Under the guidelines, restraint
use can be ordered only by doctors, only in
exceptional circumstances, and for the shortest
possible time. The guidelines fail to establish any
independent monitoring mechanism to control
and register restraint use. Whereas the Ministry of
Health claims to carry out internal inspections of
psychiatric institutions, reports about the
frequenc/ methodology and results of these visits
are not accessible to the public. Further, statistical
docunientation of restraint use is not collected by
hospitals, and information on individual restraint
use is inaccessible to outsiders. Often the access
of patients themselves to their files is restricted.
Czech psychiatric hospitals remain closed to
independent human rights observers, with the
exception of the Ombudsman Office, which is
allowed to visit places of detention, but lacks the
few exceptional cases, such as a
life-threatening situation where there is no
possibility to obtain consent prior to treatment.
The use of restraint falls under this general
limitation of medical treatnient. As the
Ministry of Health is aware of the possible
discrepancy in the legal application of the
Guidelines, it included its provisions into a bill
on health care that will replace the Health Care
Act, making the provisions on the use of
restraints binding. The bill will be introduced
to the Czech Government in August 2008 and
it is envisaged that it will enter into force in
January 2009.
Ms. Vera Musilová's mother lodged a criminal
complaint against persoimel of the hospital on
16 April 2006. The prosecution was
discontinued on 6 March 2007.
Ms. Musilová's mother also addressed herself
to the Public Defender of Right and intends to
lodge a civil complaint with the Prague
Regional Court as well.
Several investigations were conducted. An
autopsy of the body showed that the reason of
death was suffocation caused by a massive
aspiration of excrements. The result was
confirmed by another forensic expert. Police
interviewed hospital staff about the
circumstances of death. The results have
shown that at 3:00 pin., a nurse had noticed
during a spot check that Ms. Musilová was
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means to conduct regular nionitoring of all
psychiatric hospitals. In practice it has been found
that many hospitals still have a large nuniber of
cage beds and continue to use them.
eating her own faeces. She tried to stop her and
called two colleagues. They tried to resuscitate
her until 3:40 p.m. Ten minutes later,
Ms. Musilová' s mother was inforn ed by
phone of the death of her daughter. The law
enforcement authorities found no shortcomings
in Ms. Musilová's case or treatment.
Consequently, the Ministry of Health
undertook an inquiry into the medical care
provided in this case, the use of means of
restraint and lawfulness of the civil
commitment with the medical care and the stay
in the hospital itself The Ministry did not find
any violation. According to its statement, the
medical care provided to the patient was
correct, corresponded to the current knowledge
of medical science, and was in accordance
with the valid legislation. No fault or error on
the part of the medical personnel occurred and,
with regard to the poor state of health of the
patient, the response to the situation was
adequate.
In opposition to this, the inquiry undertaken by
the Deputy Public Defender of Rights found
several violations. It included a misuse and
ovenise of means of restraint (net bed), bad
communication between the Bolmice Hospital
and Ms. Musilová and shaving of her head,
which was carried out without her or her
mother's permission.
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The above mentioned investigations did not
identify any perpetrator, so no prosecution was
undertaken and no sanction was imposed.
Therefore, neither the victim nor her family
were provided any compensation.
58.
Democratic
People's
Repbulic of
Korea
20/03/08
JAL
FOOD:
SUMEX;
TOR
Regarding the alleged public execution of
13 women and 2 men on a bridge located in
Joowon-gu. Onsung County in North Hamgyung
Province on 20 Febniar 2008. According to
infon ation received, the authorities of the
Democratic People's Republic of Korea had
previously advised members of all public
institutions, public enterprises, and neighborhood
units to attend the execution. The people who
were executed were reportedly accused of
planning to cross over to a neighbouring country
to receive economic assistance with the help of
their relatives living abroad. Others were accused
of helping people to cross or of providing coyote
services to those who wanted to cross over. It has
been alleged that this execution was designed to
dissuade people from crossing illegally.
Furthen ore. there have been reports that the
sentences for illegally crossing to the
neighbouring country have increased since
1 March 2007. from a prison ten of maximum
3 years to 5-7 years.
59.
Democratic
Repubic of
the Congo
2 1/04/08
JUA
TOR;
FRDX;
IJL
Nsimba Embete Ponte, directeur dujournal
“L Interprète” a Kinshasa et son collaborateur
Davin Ntondo Nzovuangu. M. Ponte aurait été
arrété le 7 mars 2008 par des hommes en civil
annés et non identifies. Il serait détenu depuis
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dans les cellules de l'Agence Nationale de
Renseignement (ANR) a Kinshasa. sans avoir été
inculpé. Depuis son arrestation. Mr. Ponte n'as eu
accès ni a son avocat, ni aux visites de sa famille.
ni a des soins médicaux. Les raisons de
l'arrestation et de la detention de Mr. Ponte
seraient liées a des articles qu'il aurait publies
dans son journal en février 2008. relatant la
tentative d'assassinat présumée contre le chef de
l'Etat. ainsi que l'état de sante de ce dernier.
informations considérées comme “portant atteinte
a la sureté de l'Etat” par l'administrateur de
1'ANR. Quant a Davin Ntondo Nzovuangua, il
aurait été arrété le 29 mars 2008 et n'aurait pas
été revu depuis .
60. Ecuador 16/10/08 UA TOR José David Penafiel Minton. Paulina Penafiel.
Fernanda Penafiel. Nicolas Klaus Graetzer.
Peter Graetzer. Santiago Yepez Penafiel.
Paulina Yepey. Alejandra Delgado. Zoila
Marina Estrada Lopez, José Vicente Minday
Carmen Edith Minda. quienes temen por su
seguridad fisica v temen ser torturados con el fin
de extraerles información. Del 26 al 30 de
septiembre de 2008 se llevaron a cabo acciones
bnitales de la policla durante las operaciones 00
realizadas por las fuerzas de seguridad
denominadas Gnipo de Operaciones Especiales
del Ecuador (GOE). de conformidad con las
instnicciones impartidas por Carlos Bravo, titular
de la Agencia de Garantla de Depósito (AGD).
Estos hechos ocurrieron durante el proceso de
encautamiento de la region ordenado por el
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Gobierno. En el curso de los encautamientos
ilegales, fuerzas gubernamentales de seguridad
presuntamente cornetieron abusos v violaciones
de derechos humanos en el Canton MejIa.
provincia de Pichincha. El martes. 30 de
septiembre de 2008 a la una de la madnigada. el
GOE irrumpió. sin orden judicial en la casa de
Zoila Marina Estrada v Nicolás Klaus Graetzer.
Rompieron las puertas de sus casas, llevaron a
cabo interrogatorios con uso de fuerza,
intimidaron a los trabaj adores que estaban en el
lugar v sobrevolaron con helicópteros las
plantaciones con el fin de atemorizar a los
residentes. Las vIctimas fueron gravemente
golpeadas v manoteadas por las fuerzas
especiales. Segün la infon ación recibida, estas
intervenciones continüan en toda la region. El
Sr. Nicolas Klaus Graetzer v la Sra. Zoila Marina
Estrada Lopez presentaron denuncias v peticiones
de acción legal ante la Fiscalla. sin ningün
resultado. Debido a que los señores Klaus
Graetzer v Estrada Lopez han sido vIctimas de
tortura. existe temor fundado de las personas
mencionadas arriba de ser vIctimas de tortura
también.
61.
Egypt
28/03/08
JUA
HLTH.
TOR,
WGAD
A. S. R., M. H. A., A. M. M., K. A. A. and
A. H. A., who are the subjects of a criminal case
before the Qasr al-Nil Court of Misdemeanors.
On 24 October 2007, Mr. A. S. R. and
Mr. M. H. A. were arrested during an altercation
in Bab El-Louk in downtown Cairo. When Mr. R.
explained to the arresting police officers that he
By letter dated 06/10/08, the Government
infon ed that two individuals, Mr. A. S. R.
and Mr. M. H. A. were involved in a street
fight in a crowded area in the center of
midtown Cairo. A police officer near the scene
of the fight intervened to separate the two men
and to calm down the situation. Upon
was HW-positive. both were taken directly to the
Morality Police Department in Mugamma'
al-Tahrir. where they were detained, and later
interrogated by an officer named M. 0. A. The
officers allegedly slapped Mr. R. in the face and
beat Mr. A. They forced them to sign statements.
the contents of which they were not allowed to
read. During the four days they were detained in
Mugamma' al-Tahrir. the two men were
handcuffed to an iron desk and left to sleep on the
floor. They were denied food and water and were
required to pay for them later. A forensic anal
examination was perforn ed on both men in order
to establish whether they had engaged in anal
sexual intercourse. On 20 January 2008,
Mr. A. M. M. was arrested on the street,
Mr. K. A. A. at his apartment on the following
day, and Mr. A. H. A. on 3 Febrnar 2008 at an
unknown location. On 19 Febniar 2008, Mr. M.
was beaten by a police guard. The police guard
handcuffed his wrists to opposite poles of the bed
and chained one of his ankles to the bed's end to
prevent him from moving. Allegedly. Mr. M. had
been punched repeatedly in the face, head and
body by the same officer.
On or around 20 November 2007, Mr. M. M. M.
and Mr. E. H. M. were arrested and held at the
Appeals Jail in central Cairo, apparently in
connection with the arrests of Mr. R. and Mr. A.
Police arrested Mr. M. at his workplace. Both
men were released on 26 February and
enquiring from the two men about the reasons
for their altercation, Mr. H. claimed that
Mr. R. had insisted upon him to resume their
sexual relationship, something he did not wish
to do in light of his knowledge that Mr. R. had
contracted HIV/AIDS.
The two individuals were taken to the police
station in order to continue the investigation.
Mr. R. confirn ed that he was infected with
HIVIAIDS which he believed to have
contracted through homosexual intercourse
with a number of individuals whom he named.
According to procedure, the Public
Prosecutor's Office (PPO) was notified and
assumed the responsibility for further
investigation into the case. The investigations
indicated that the two individuals and the
group they named habitually engage in male
prostitution, and that one of them actually runs
a brothel for male prostitution. Therefore, the
Attorney General issued an order summoning
the individuals named in the testimony of the
two men and they were later charged with
“habitual practices of debauchery”. During the
investigations, a number of them admitted to
the charges pressed against them and
confinned that the others also participated with
them in such practices.
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29 Febniary. respectively, upon court orders as
the maximum preventive detention period had
expired. Another individual, Mr. G. M., was
arrested on an unknown date and later released. It
is alleged that all men were forcibly tested for
HIV without their consent. Mr. E. H. M., Mr. M.
M. M. and Mr. G. M. tested negative and charges
against them were dropped. Mr. A. S. R., Mr. M.
H. A., Mr. A. M. M.. and Mr. K. A. A. tested
positive and are being held at Abbasiyya Fevers
Hospital. They were chained to their beds until
25 Febniarv 2008 when the Ministry of Health
intervened. Mr. A. H. A. is at present detained at
Tora Prison. Reportedly, the five detainees were
indicted on 4 March 2008 on charges of “habitual
practice of debauchery” under article 9 (c) of
Law 10/1961. Mr. A. S. R. and Mr. M. H. A.
continued to be detained and were indicted after
the lapse of the maximum 90-day period of
preventive detention for misdemeanours.
Allegedly, the lead prosecutor indicated to a
defense counsel that the men should not be
pen ifted to roam the streets freely as the
Government considers them to present a danger to
public health. The first trial hearing scheduled for
12 March was postponed to 19 March in order to
provide the defense more time to prepare. Their
verdict is expected for 9 April. Concerns are
expressed for the physical and mental integrity of
the men. Further, it is alleged that the five
above-mentioned individuals might have been
discriminatorily arrested and detained and that
Once the PPO investigations were completed,
charges were brought against the
aforementioned individuals, their cases were
referred to the courts which niled against the
defendants in two of the cases. The defendants
in both cases appealed the verdict, one was
rejected while a decision on the second has not
et been issued.
It is worth mentioning that the court verdict
assigned the convicted individuals infected
with H1V/AIDS to designated health centers
and not to regular prisons in order to ensure
they receive the necessary medical treatment
while serving their sentences.
The verdicts against the individuals named as
defendants in these cases were not related to
their “sexuality” or due to their “sexual
orientation”. They were clearly based on
violations of specific provisions of the
Egyptian penal code, none of which explicitly
or implicitly criminalizes homosexuality.
The allegation that the defendants were tried
simply for being HIV positive or for carrying
the AIDS vinis is also unfounded. As
demonstrated above, the trial was for violating
specific provisions of Egyptian law and not for
health status of the defendants. The infected
individuals were granted medical services
throughout the process and continue to receive
the necessary treatment while serving their
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their indictment might be solely connected to
their reported H1V status.
sentences.
All proceedings at every stage of this case
were carried out under strict judicial
supervision. More specifically, the
investigations were done by an independent
judicial authority. Moreover, the rights of the
accused were fully respected and included,
inter alia. their right to a fair hearing before a
competent court, their right to present their
defense and the right to legal representation
throughout the investigations and the trial, and
the right of appeal.
Allegations of arbitrary detention and torture
are also unsubstantiated as the entire process
followed the designated legal course including
the issuance of the required legal pen its to
summon the group based on a previously
defined and criminalized act punishable by the
law. The court nilings were based on articles
of the Egyptian Penal Code.
Allegations of inhuman treatnient and torture
are also groundless. Firstly. Egyptian law
penalizes any mistreatment, including torture
and inhuman practices, of individuals
including detainees and prisoners.
Furthennore. the PPO closely follows and
investigates any claims of illegal practices by
security persoirnel and/or any other executive
body in Egypt. In case such claims prove to be
substantiated, whoever commits such crimes is
presented to court to be tried for his or her
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actions. The initial investigations of the PPO
show that all of these claims were
unsubstantiated and lacked concrete evidence
needed to incriminate any offender of the law.
62.
15/05/08
JAL
RINT;
TOR
Joseph Ramsey Attar, currently detained in
Limantora prison, Cairo. Joseph Ramsey Attar
fled from Egypt to Turkey in 2001 for fear of
persecution due to the renunciation of his initial
religion. Islam. He completed his conversion to
Christianity in Turkey where he was baptized as a
Roman Catholic. Approximately a year later,
Mr. Attar went to Canada where he gained
Canadian citizenship on 9 November 2006. When
returning to Egypt for a family visit on
1 January 2007, Mr. Attar was arrested at Cairo
international Airport and detained in an Egyptian
Intelligence Service prison. Charged with
espionage against the Egyptian state, he was
convicted and sentenced to 15 years of
imprisonment on 21 April 2007. During his
pre-trial detention, Mr. Attar was held in solitary
confinement and electrocuted, forced to drink his
own urine and threatened to get injections with
the HIV vinis in order to make him confess. The
case brought against him in the State Security
Court was based on a confession signed by
Mr. Attar after weeks of solitary confinement and
ill-treatment.
63.
16/05/08
JAL
FRDX;
HRD;
TOR;
VAW
Ms. Magda Adly. a medical professional with the
El Nadim Centre for Psychological management
and Rehabilitation of Victims of Violence, an
organisation that assists victims of torture and
By letter dated 25/07/08, the Government
informed that the following actions were taken
concerning this case:
violence. On 30 April 2008, Ms. Magda Adly was
physically assaulted by a police officer in a
courtroom in the town Kafr El Dawwar, the
district of Beheira. She suffered a broken
shoulder, as well as injuries to the head. She lost
consciousness for thirty minutes. The assault
occurred after Ms. Magda Adly had testified in a
case concerning members of a local family who
allegedly had been subjected to torture by local
police. On the morning of 30 April 2008, El
Nadim Centre had released a statement calling for
an investigation into the allegations of torture and
other ill-treatment of members of that family by
the local police in Kafr El Dawwar. After the
assault, the police officer who attacked
Ms. Magda Adly was taken into custody. He later
stated that he had been following the orders of
Chief intelligence officer of the Kafr El Dawwar
police. During the hearing, the car of Ms. Mona
Hamdy, another psychiatrist at the El Nadim
Centre, which was parked outside the courtroom,
was vandalized under circumstances that are not
yet clear.
Medical report No. 2811 on the victim,
Magda Mohammed Adali Yusuf, was
issued by the Kafr al Dawwar General
Hospital, stating that the patient had
bmising above her right eyebrow and
had sustained a broken bone in the upper
arm and contusions. She had received
stitches in the emergency room, and the
prognosis for her recovery was over
20 days
• The car was examined by the
Department of Public Prosecutions at
the outset of the investigation, and an
engineer from the Kafr al Dawwar
transport unit was despatched to carry
out a technical examination of the
vehicle and check the damage
• Dr. Magda Adali was taken to the
Department of Forensic Medicine to
sign a medical report indicating the date
on which her injuries had occurred, what
had caused them and how they had been
inflicted, as well as the events leading
up to the incident
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•
64.
18/06/08
UA
TOR
Forcible return of about 700 Eritrean nationals
from Egypt to Eritrea and of over
1,000 individuals in administrative detention,
who might be at risk of forcible return. More
than 1,000 Eritrean asylum-seekers are being held
in different police stations in Egypt, including
near Aswan, Hurghada and Marsa Alam and in
t
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a
FRDX;
HRD;
TOR
Al-Qanater prison near the capital, Cairo for
illegally residing in the country. Their forcible
return might be imminent. Between 11 and
15 June 2008, in a large scale operation
conducted by Egyptian authorities, about
700 Eritrean asylum-seekers had returned from
Egypt to Eritrea without having had access to
appropriate proceedings to review their claims.
They were transported on special Egypt Air
flights. Credible reports contain consistent
allegations that in Eritrea returnees are routinely
subj ect to prolonged incommunicado detention in
poor conditions at unofficial places of detention
and to torture. Against the background of
consistent allegations that in Eritrea returnees are
frequently subject to torture and ill-treatment by
officials, serious concern for the physical and
mental integrity of the Eritreans is expressed,
should they be returned.
Kamal Murad, ajournalist for the newspaper
Al-Fair. He has reported on alleged cases of
cormption and human rights violations committed
by police officers in Egypt. On 17 June 2008, in
Rahmaniya in the Buhaira Governate, Mr. Kamal
Murad was arrested and detained after conducting
interviews with peasants in Ezbat Mohram and
taking photographs of police officers beating
peasants, allegedly to force them to sign leases
with a local businessman whose two sons are
police officers. Mr. Murad's interview notes and
the memory card from his mobile phone
containing the photographs of the incident were
A reply was received from the Government on
05/12/08, but could not be translated in time
for inclusion in this report.
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65.
30/06/08
JUA
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confiscated. While in detention, Mr. Murad was
beaten and verbally abused by three police
officers and who reportedly referred to him as
“the one who sent the officer to jail for three
years”. Kamal Murad had previously reported on
a torture case which resulted in the conviction and
three-year prison sentence of a police officer.
Mr. Murad was charged with attacking police
officers and inciting the peasants against security
forces and released after several hours in
detention. His confiscated property has not et
been returned to him .
66. 18/08/08 JUA WGAD; S. E. S., I. E. I., G. R. S., M. M. M., M. A. A.,
HLTH: M. K. D., A. M. A., A. M. H. T., 0. F. K.,
TOR A. M. Y.. M. A. A. and I. I. A., who currently
have a hearing before the Qasr al-Nil Court of
Misdemeanors. On 12 and 17 April 2008, the
police arrested 12 men after a raid on a square
close to the train station in Alexandria. After a
hearing at a court of first instance, the men were
charged and sentenced to two years in prison
under article 9 (c) of Law 10/196 1 for crimes
relating to conduct of a homosexual nature. Two
men were beaten by police while in custody in the
Alexandria Security Directorate. One of the men,
I. E. I.. was allegedly beaten by a police officer.
on the back with a water hose. On the 28 of July,
on appeal, the judge of the Attarin Appellate
Court of Misdemeanors adjourned the case until
ii August. Since then, the men have been
detained in Gharbaniyat Jail. Whilst in prison, the
12 men were forcibly tested without consent for
HIV at the Fevers Hospital by doctors from the
Ministry of Health and Population. Four out of
12 men tested positive for H1V. The four men
were first told their positive status after a
disclosure by the judge in open court during the
first-instance trial. They are being held in cells
away from other prisoners. They have not
received any treatment for their condition by
medical staff, including any anti-retroviral dnigs
or counselling. It is reported that the 12 men were
subjected to intnisive and abusive forensic anal
examinations by doctors from the Forensic
Medical Authority for the purpose of establishing
whether or not the men had engaged in
homosexual conduct.
George Ishaq. Amin Eskandar. Abd a! Hadi
Al-Mashad. Magdy Abdel Hamid. Kamal
Abbass. Shaaban Abd Al-Rahim Al-Daba and
Salah Adli (E/CN.4/2006/6/Add.1. para. 62)
By letter dated 23/11/05. the Government
infon ed that the persons named in the
complaint were among a group of 24 persons
who were arrested while holding a
demonstration in Tahrir Square on
30 July 2005 in which they attempted to
antagonize the security forces and internipted
traffic in the area. They were taken to the
Department of Public Prosecutions and the
incident was recorded in higher State security
case file No. 886 of 2005. They were
questioned by the Department, which decided
to release them on bail of 100 Egyptian
pounds. The decision was promptly enforced.
The above infon ation shows that the security
authorities abide by the law, since the persons
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in question were arrested for committing acts
that constitute criminal offences. and were
taken to the Department of Public Prosecutions
as is required by law. The Department is part
of the judiciary and its members enjoy judicial
immunity. The Department carried out its
responsibilities by conducting an investigation
according to the established legal procedures
and by taking decisions thereon. The persons
concerned were released on bail and the
Department of Public Prosecutions is still
completing its investigations into this matter .
68. Equatorial 02/04/08 JUA TOR. Sra. BrIgida Asongsua Elo. La Sra. Asongsua
Guinea WGAD Elo continua en detención sin que se le havan
fornmlado cargos ni sometido a juicio en la
Comisarla Central de Policla de Malabo. No se le
ha comunicado aün los motivos de su detención.
Se afin a que se le está negando el tratamiento
medico que necesita. Esta persona sufre de
hipertensión. v como consecuencia. de frecuentes
mareos. desma os y hemorragias en la nariz y la
boca. El equipo medico del hospital donde fue
temporalmente trasladada. recomendó su
hospitalización para someterla a pniebas v
tratamiento. pero las autoridades policiales no lo
han permitido. Esta persona se encuentra recluida
en una celda colectiva junto a un gnipo de 70 a
100 detenidos. en su mayorIa varones. En la celda
no hay instalaciones higiénicas. por lo que carece
de privacidad. A finales de febrero o principios de
marzo de 2008. el Presidente del Tribunal de
Jnstnicción y Primera Jnstancia de Malabo dictó
69. 23/04/08 JAL SUMX; Sr. Saturnino Ncogo Mbomyo. en hechos
TOR ocun-idos en la ciudad de Malabo. El 12 de marzo
de 2008. miembros de la Policla se presentaron en
el domicilio del Sr. Saturnino Ncogo Mbomvo. de
nacionalidad guineana. de unos 45 aflos de edad.
ubicado en el banjo Semu de la mencionada
ciudad de Malabo. acusándolo de ocultar “cosas”
en su domicilio. Segün las denuncias. el
interesado no reconoció que ocultara nada en su
casa v por ello los policlas procedieron a
arrestarlo v a llevárselo a la Comisarla. AhI lo
intenogaron v le hicieron finnar una autorización
de registro de su domicilio. a dónde mas tarde
regresaron acompaflados de varias autoridades
para proceder a un registro legal de la casa. Los
policlas encontraron en el cielonaso (techo) de la
vivienda del Sr. Saturnino Ncogo Mbomvo un
paquete de droga conocida con el nombre de
“Banga” planta alucinogena local que se frima) v
un millón de Francos guineanos CFA
(unos 1.525 €). Además. descubrieron una zona
inegular en un rincón de su habitación. en cuvo
suelo. al ser demolido con picos v mazas. hablan
armas bien conservadas en envoltorios que
hubieran pennitido su rnantenimiento por rnucho
tiempo. Se ha dicho que la policla encontró tres
fusiles de asalto tipo “Cetme”. un fusil con mira
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un orden judicial para que se la hiciera
comparecer ante el tribunal para detenninar si su
arresto v reclusion eran legales. La Policla no ha
acatado el orden judicial. Un recurso de habeas
corpus interpuesto en su favor no ha sido resuelto.
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telescópica v una pistola provista de silenciador.
asI como abundante munición. De acuerdo con las
infonnaciones. mientras llevaban detenido al
Sr. Saturnino Ncogo Mbomvo. le exigieron los
nornbres de sus cómplices. adernás su casa V sus
negocios fueron precintados. v su mujer e hijos
echados a la calle. Durante la tarde del mismo dIa
se desencadenó una serie de arrestos v
detenciones cuvo nümero exacto de detenidos se
desconoce. pero que segün fuentes fidedignas
podrIan oscilar en torno a la decena, incluvendo el
Sr. Juan Micha, alias Opalon. quien luego fue
liberado el 15 de marzo. v el Sr. Gerardo Angue.
alias Baterla. También se encuentra detenido un
señor de nombre Jesus cuvo apellido no se ha
infonnado. alias Tite. quien tiene relaciones
familiares directas con altos cargos del gobierno.
Además se ha infonnado que otras personas estan
bajo órdenes de busca v captura. Al dIa siguiente.
el 13 de marzo de 2008. la familia del
Sr. Saturnino Ncogo Mbomvo fine infonnada de
su fallecirniento v su cuerpo fue discretarnente
entregado ala familia el 16 de marzo.
procediendo a ser enterrado el mismo dIa. Se ha
infonnado que la version que dieron las
autoridades fine que el Sr. Saturnino Ncogo
Mbomvo se habla suicidado. sin embargo muv
pocas personas. incluvendo su abogado. vieron el
cadaver v se denunció que algunas de ellas
manifestaron la existencia de una herida en la sien
(hue so temporal de la cabeza) del Sr. Ncogo
Mbomvo. Se ha infonnado que hasta la redacción
70. Ethiopia 05/03/08 JAL TOR: H. M. H., a 12-year-old Djiboutian refugee. On
VAW 17 December 2007, she was abducted by a
23-year-old Ethiopian, and his family. A
complaint for abduction and confinement was
lodged by her father. Reportedly, the young man
raped H. M. H. over a 17-day period. In order to
shield him from a rape charge, his uncle, a police
commander, and one of his assistants, charged
H. M. H. with theft of a washing tub and detained
her. She was forced to admit the theft, to state she
had no family, to change her name and to state
she was older than she actually was (i.e. over
age 16). H. M. H. was detained at the Central
Prison in Addis Ababa, together with adults. On
24 December. her father was finally inforn ed of
the situation, however, he was not allowed to visit
his daughter before 26 January 2008. The
Ethiopian Embassy in Paris, contacted by mail by
some organizations supporting H. M. H's father,
orally replied that the girl was 16 and that she was
the wife of a young Ethiopian. H. M. H's birth
certificate and health card issued by an Ethiopian
hospital stated that she was born on
20 September 1995. Neighbours and her family
also declared that she is not married. On
15 Febrnar 2008, H. M. H. was released,
however, the investigation concerning her alleged
theft is still ongoing.
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de este comunicado, las autoridades siguen sin
pronunciarse oficial y püblicamente sobre lo
ocurrido con el Sr. Saturnino Ncogo Mbomyo.
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71.
29/04/08
UA
TOR
40 youths detained at an Ethiopian military
camp in north Mogadishu (see para. 193). On
19 April 2008, Ethiopian forces raided Al-Hidva
mosque in Mogadishu. seizing over 40 students.
all under 18, who were undertaking religious
studies at the mosque. The minors were then
transferred to an Ethiopian military camp in north
Mogadishu. Whereas some of the minors have
been released, Ethiopian soldiers have indicated
that they would release the others once they had
been investigated and if they were not terrorists.
72.
Fiji
29/10/08
JAL
SUMX;
TOR
Selesitino Kalounivale. On 2 November 2000.
some soldiers of the Counter Revolutionary
Warfare (CRW) branch of the Fiji Military Forces
were involved in a mutiny. That same day.
Mr. Kalounivale was picked up by soldiers in the
Tamavua area and taken to the arniy commander
at the naval base. He was later taken away from
the base by four or five soldiers in an arniy van.
Witnesses heard swearing, hitting with rifle butts
and kicking in the back of the vehicle, where he
died. At around midnight. he was taken to the
mortuary at CWM Hospital. Due to the curfew
that was in force, no one except military, security
personnel and authorized persons could go out
that night. On 8 November 2000, a post mortem
was conducted. The cause of death was found to
be multiple blunt force injuries including head
injuries with subdural haemorrhage.
Tn 2004, a civil court found that the military had
caused Mr. Kalounivale ‘s death and ordered the
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military to pay $24,000 as compensation. The
military indicated that they would appeal the
judgment and the victim's family has not et
received any money. It has been eight years since
Mr. Kalounivale ‘5 death in custody and no
criminal charges have been pressed against any
person. It is unclear whether any criminal
investigations were carried out by the police.
73.
France
18/06/08
JAL
IJL:
TOR
Suite a la communication (A/HRCI7I3IAdd. 1.
para. 74 et a la réponse réproduite ci-dessous
(para. 74)). su l'absence d'intervention de la
justice vis-à-vis d'une plainte déposée par quatre
organisations non gouvernementales contre
l'ancien secrétaire d'Etat a la Defense des
Etats-Unis. Mr. Donald Rumsfeld. En réponse
nous voudrions vous rappeler quelques
développements lies ala question de l'immunité.
Vous faites référence au jugement Congo c.
Belgique de la Cour Jnternationale de Justice
(CIJ). En statuant que M. Yerodia. le Ministre des
affaires étrangères a l'époque. jouissait de
l'immunité devant les cours nationales pendant
toute la durée de son mandat. la CIJ soulignait
irnplicitement qu'il n'aurait pas joui de cette
irnrnunité s'il n'avait pas ete rninistre en exercice.
De plus. la CIJ a souligné que cette immunité
pénale ne signifiait pas que des auteurs présuniés
de violations graves ou crimes contre l'humnanité
pouvaient agir en toute impunité. Elle a aussi
remnarqué que. dans tous les cas. des ministres
peuvent faire l'objet de procès devant des cours
pénales internationales. Dans ce contexte, nous
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voudrions rappeler l'article 27 du Statut de Rome
de la Cour Pénale Internationale. qui stipule que
<< Le present Statut s'applique a tous de manière
égale. sans aucune distinction fondée sur la
qualité officielle. En particulier. la qualité
officielle de chef d'Etat ou de gouvernement. de
rnernbre d ‘ un gouvenlernent ou d ‘unparlernent.
de représentant élu ou d'agent d'un Etat,
n'exonère en aucun cas de la responsabilité pénale
au regard du present Statut, pas plus qu'elle ne
constitue en tant que telle un motif de reduction
de la peine. Les immunités ou regles de procedure
spéciales qui peuvent s'attacher a la qualité
officielle d'une personne. en vertu du droit interne
ou du droit international. n'empêchent pas la Cour
d'exercer sa competence a l'égard de cette
personne. >> Etant donné le fait que le Statut de
Rome est un traité international. tous les
Etats-membres. v compris la France. acceptent ce
principe et renoncent a la possibilité d'invoquer
l'immunité. Bien que la Convention contre la
torture et autres peines ou traitements cniels.
inhumains ou dégradants ne contienne pas de
disposition explicite visant exceptions des regles
relatives a l'immunité. il est clair que sa lecture —
doit s'inspirer d'autres instnirnents
inteniationaux. v compris le Statut de Rome. De
plus. il est difficile d'imaginer qu'un instniment
comme la Convention contre la torture. dont le
but est de pénaliser la torture et d'établir la
juridiction universelle pour éviter que les auteurs
des actes de torture échappent a lajustice. soit
interprétée d'une façon qui conférerait des
immunités importantes aux anciens représentants
de l'Etat, y compris pour des actes de torture.
Pour les raisons précitées, les régles
traditionnelles d'immunité du droit coutumier
doivent être interprétées d'une maniére trés
restrictive. C'est cette approche qui a été
privilégiée par la Chambre des Lords britannique
quand elle a examinée le cas de Pinochet. La
majorité a décidé que l'ancien chef d'Etat et
Sénateur ne bénéficiait pas d'immunité et pouvait
être extradé vers l'Espagne pour des poursuites
liées aux actes de torture commis aprés l'entrée en
vigueur de la Convention contre la torture en
Espagne, au Chili et au Royaume Uni. En
considérant le troisiéme rapport périodique du
Royaume Uni en 1998, le Comité contre la torture
a confirmé cette interpretation en recommandant
<> Ce méme Comité, dans le cas de Habré,
l'ancien dictateur du Tchad, a constaté une
violation par le Sénégal de ses obligations
d'exercer lajuridiction universelle sous les
articles 5 and 7 de la Convention contre la
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a
Torture. ce qui signifie irnpliciternent qu'il
considère qu'un ancien chef d'Etat ne jouit pas
d'immunité diplomatique pour des actes de
torture. Il est de notre responsabilité. en vertu du
mandat qui nous a été conflé par le Conseil des
droits de l'hornrne et par les resolutions de
l'Assemblée generale. de solliciter votre
cooperation pour assurer que les normes des
droits de l'homme soient respectées et notaninient
les obligations liées a l'interdiction absolue de la
torture.
L'absence d'intervention de la justice vis-à-vis
d'une plainte déposée par quatre organisations
non gouvernementales contre l'ancien secrétaire
d'Etat a la Defense des Etats-Unis, Mr. Donald
Rumsfeld. (A/HRC/7/3/Add. 1. para. 74).
Par lettre datée du 07/03/08. le Gouvernement
a indiqué qu'une plainte a été déposée le
25 octobre 2007 auprès du procureur de la
Republique du Tribunal de Grande Instance de
Paris contre M. Donald Rumsfeld. ancien
Secrétaire d'Etat américain a la defense, par la
Fédération internationale des droits de
l'homme. la Ligue Française pour la Defense
des Droits de l'Homnie et du Citoven. le
<> et le
<>. du chef de complicite par
instnictions d'actes de torture et de barbarie.
A la suite du dépôt de cette plainte. le
Procureur de la Republique du Tribunal de
Grande Instance de Paris a saisi le
26 octobre 2007 la brigade criminelle d'une
enquête. aux fins d'établir la réalité et la durée
du séj our de Monsieur Rumsfeld a Paris. ainsi
que le Ministère des affaires étrangères et
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74.
Follow-up
to earlier
cases
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By letters dated 27/02/08 and 28/02/08, the
Govenirnent responded that the incident on
7 November 2007 represented part of the chain
of events that developed since the beginning of
November 2007 in Georgia. The measures
taken were aimed at restoring the public order
and responding to the national security
concerns in the country, while acting in
accordance with the international nornis and
standards that govern the limitation of certain
rights and freedoms as well as situation of
national emergency. On 2 November 2007,
according to the best estimates of both the
Government and respected independent
sources approximately 50,000 protestors
gathered in front of the Parliament on
Rustaveli Avenue. The organizers of the
assembly had notified the Thilisi Municipality
regarding their plans to close the traffic on the
Avenue as envisaged by Georgian legislation.
In the following days. the number of protesters
declined steadily, barely amounting to a
thousand by 4 November 2007. By this point,
the demonstrators were already in violation of
the Law of Georgia on Assembly and
Manifestation on numerous counts. For
instance, the law prohibits intentional
hindrance of the movement of public transport.
In defiance of this law, opposition leaders kept
75.
Georgia
Follow-up
to earlier
cases
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européennes afin de verifier l'existence d'une
éventuelle irnrnunité diplornatique de
l'intéressé.
Police actions in connection to mass protests in
Tbilisi as well as the declaration of state of
emergency and suspension of some
fundamental rights (A/HRC/7/3/Add. 1.
para. 77)
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Rustaveli Avenue blocked, although the
number of protestors was small and did not
require closing the avenue. Furthermore, the
organizers had notified the Thilisi
Municipality that the demonstration would be
held only on 2 November. When it became
evident that the population was leaving
Rustaveli Avenue, the organizers of the
demonstration began to call for civil unrest and
the violent overthrow of the Government.
They called for attacks on government
institutions. Implicit and explicit incitements
to overthrow the Government were common at
the rally. For five days the police refrained
from interfering in the rally to avoid an
escalation of the situation as well as not to
hinder the full enjoyment of the rights of the
protestors.
During the morning of 7 November, the
number of protestors declined to
approximately 100 individuals. At 8 a.m., with
only a few minor incidents with protestors, the
area was cleaned up and traffic restored. At
9 a.m., Tbilisi Mayor informed the public that
the government would no longer tolerate the Q
unlawful blockage of Rustaveli Avenue and
the setting up of tents. At the same time, the
demonstrators were told that they could
continue the demonstration in front of the ft
Parliament and on the sidewalk. At 11 a.m.,
the opposition leaders started to escalate the
situation by drawing parallels with the
revolutionary and tragic events of 9 April 1989
(when bnital actions by the Soviet arniv
against the peaceful anti-soviet denionstrations
on Rustaveli Avenue led to the death of
17 peaceful protestors. while thousands were
injured). They called on people to come to the
streets “to put an end to the Government” and
instigated clashes with the police to block
Rustaveli Avenue, but unarn ed patrol police
units were able to prevent it. After the third
attempt. protestors succeeded and forced the
police out. As a result. numerous police
officers were injured and several police cars
were cnished.
Before bringing in the riot police,
demonstrators had been warned through
loudspeakers to dissolve peacefully, and that
force would be used otherwise. The leaders
defied this request and made further radical
statements inciting the protestors to even
greater violence. The police repeated the
request to dissolve peacefully, and made a
specific announcement for women, children
and the elderly before the water cannon
machine was deployed. The use of water
caimons did not have any significant effect.
However, some protesters left Rustaveli
Avenue within ten minutes. At the same time,
new demonstrators, incited by the calls of
opposition leaders, approached the Avenue
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from the other side. They started to throw
stones at the police and smash police cars. As
the use of water cannon proved ineffective, the
police resorted to tear gas. Tear gas had a
temporary but not immediate effect of
incapacitating some of the protesters. Many
left the Avenue. while some stayed, attacking
policemen with stones and other objects.
At this point, the policemen resorted to nibber
bullets in order to prevent attacks from specific
individuals and protect the parliament
building, which was approached by the groups
of protesters aiming to break in. The police
managed to unblock Rustaveli Avenue only
after the use of above special means.
The Government of Georgia realizes that there
are allegations of a limited number of cases
where possibly excessive force has been used;
however, such incidents were isolated cases
and, if proven, would constitute clear
violations of the respective orders. Alleged
cases of excessive use of force could be
partially attributed to the fact that additional
police forces, other then riot police, were
deployed to respond the situation adequately.
Criminal police assisting the specifically
trained riot police forces receive neither
physical, nor physiological training for crowd
control. Nevertheless, the police was acting in
accordance with legislation and the order. A
criminal investigation into each specific case,
where excessive force was allegedly used, is
underway led by the office of the General
Prosecutor. The Ministry of Internal Affairs
has completed an internal administrative
inquiry, as a result of which ii police officers
were dismissed due to non-compliance with
ministerial instnictions and confrontation with
civilians. As a result of this internal analysis.
the Ministry identified specific weaknesses.
especially training-wise and has already
initiated measures to improve the police'
capacity. On 15 November 2007, the Thilisi
Main Division of Internal Affairs launched an
investigation into the alleged infliction of
physical injury upon the Public Defender of
Georgia - Sozar Subari (criminal case
No 10070583). The investigation was initiated
in response to his TV interview where he
alleged that law enforcement officers on
Rustaveli Avenue physically insulted him on
7 November. The case was transferred to the
Investigative Department of the Office of the
Prosecutor General for further investigation.
The organ conducting the investigation, on
several occasions asked Mr. Subari to appear
before it. in order to provide his testimony that
would assist in establishing justice in relation
to the case. Mr. Subari was interrogated on
24 November 2007, and a forensic medical
exam was carried out. Currently all the
necessary investigative measures are being
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taken in order to establish the tnith and
prosecute the offenders. On
10 November 2007 Zveli Thilisi District
Prosecution Office initiated a preliminary
investigation into criminal case No. 06079035,
on bodily injuries inflicted upon several
persons as a result of the activities that took
place on 7 November. Tn addition to the
evidence gathered in the course of the
investigation, the materials sent by the Office
of the Public Defender of Georgia concerning
bodily injuries of particular citizens were
attached to the criminal case in question. The
investigation ascertained that the Office of the
Public Defender forwarded materials
concerning 12 individuals. Five of them were
treated at hospitals, seven were detained in
temporary detention isolator n. 2 of the Tbilisi
Main Unit of the Internal Affairs, four out of
those seven are in prison n. 5 of the
Penitentiary Department of the Ministry of
Justice. One person who had been placed in
pre-trial detention was released on bail, and
two persons are held under administrative
detention. With respect to ii persons, forensic
medical examinations were conducted. No
examination could be conducted in relation to
one person, due to his poor health.
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7
Guatemala
23/04/08
JAL
FRDX;
Mario Morales, Oscar Benavente y Danilo de
TOR
Jes is. El 4 de abril de 2008, los Señores Morales,
Benavente y de Jesus fueron agredidos por varios
agentes de la Policla Municipal de Tránsito
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77. Guyana 12/02/08 UA TOR Alvin Wilson, aged 53. a reservist corporal in the
Guyana Defence Force, and security detail in
charge of guarding the stock room at the
headquarters of the Guyana Defence Force, and
Michael Dunn. In repeated incidents in
November and December 2007, at the
Headquarters of the Guyana Defence Force at
Camp Ayangana and at undisclosed locations
along the East Coast of Demerara. several
members of the Military Criminal Investigation
Department (MCID). tortured the men. Alvin
Wilson and Michael Dunn were forced to sit on a
bench with their faces covered with wet bags and
strings pulled tightly so that they had difficulty
breathing. Water was poured into the bags and the
men were instnicted to breathe. Alvin Wilson and
Michael Dunn were shocked by wires attached to
their genitals, were pepper sprayed, whipped with
metal pipes, and kicked. Alvin Wilson's dentures
were stnick out of his mouth. He suffered injuries
which resulted in him urinating blood, as well as
injuries to his back which prevents him from
sitting upright, and compels him to wear a brace.
Michael Dunn sustained wounds on his left heel.
Alvin Wilson received medical attention after he
reported his injuries to other military officers, but
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cuando daban cobertura al desaloj o de vendedores
ambulantes en los alrededores del Hospital
Roosevelt, en la zona ii de la ciudad capital. Los
tres periodistas fueron golpeados por los agentes
con el fin de impedir que captaran imágenes del
momento en que agredlan a un menor de edad.
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the intervention was inadequate and significantly
delayed. His attempts to make a forn ial report of
the alleged torture were initially ignored. The acts
of torture took place in the context of an
investigation by the Guyana Defence Force into
two incidents of disappearances of weapons in
2001 and in November 2007. Tn spite of promises
by the President. Coniniander Best and the
Minister of Home Affairs to conduct a thorough
investigation and to establish a Board of Inquiry
to look into the incident, no investigation has
commenced.
R. C., aged 10. On 1 January 2008. R. C. was
arrested after being accused of having stolen
6,000 Guyanese dollars from a neighbour. He was
taken to the Sisters Police Station in East Bank
Berbice, where police officers beat him, flogged
him with a belt, a broom and a tamarind whip.
made him kneel half-naked and forced him to lift
a stack of heavy books over his head. R. C. was
held in custody for two days and hospitalized on
the third day. He remained under police guard
while in the hospital.
Patrick Sumner, and Victor Jones. aged 19.
They were arrested by GPF and GDF officers in
early September 2007 in connection with the
2006 murder of the Minister of Agriculture
Sat adeow Sawh, Sawh's siblings and bodyguard.
Mr. Sumner and Mr. Jones were taken to an
unidentified military camp on the
Linden-Soesdyke Highway and subjected to
By letter dated 29/12/08, the Government
indicated that any victim and/or his/her
relatives may approach any or all of the
following entities to report, investigate and
seek redress: The Police Service Commission,
the Police Complaints Authority (with a
mandate to investigate allegations of human
rights abuses and infringements of police
codes); the Office of Professional
Responsibility, Guyana Police Force; the
Heads of the Disciplined Forces (Guyana
Defence Force, the Guyana Police Force, the
Guyana Prison Service and the Guyana Fire
Service); the Parliament and the Judiciary.
The relevant agencies have conducted
inquiries concerning this matter and
determined that no report of allegations of
torture or abuse of human rights were made to
any of the designated complaint agencies by
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78.
16/09/08
JAL
IJL;
TOR
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beatings. They had their feet bound, eves
blindfolded, and were thrown in a pool of water
by members of the security service. At some point
policemen threw gunpowder and a corrosive
liquid on the detainees. They were released after
three days and never charged for the crimes for
lack of evidence.
Damyoun Wordsworth, aged 19, was
approached by two policemen who took him to
Blairnrnnt Police Station on 15 September 2007.
The two men were dressed in civilian clothing
and did not identify themselves. Whilst at the
police station, he was questioned over a theft. At
all times. Mr. Wordsworth denied this allegation.
He was suffocated with a plastic bag, which was
placed over his head, on numerous occasions. He
was hit with a lemonade bottle on his left hand
and was handcuffed. A gun was held over his
mouth and he was lashed with the gun across his
left forehead. This led to bleeding on his
forehead. He was taken to Fort Wellington
Hospital, where he was provided with medication.
However, once he returned to police custod/ he
did not receive any medicine. He was released on
17 September 2008 without having been charged
with any criminal offences.
any of the persons listed in the letter. The
Government is therefore not in a position to
verify or otherwise comment on the accuracy
of the allegations made.
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79.
29/09/08
JAL
SUMX:
On 17 Januar 2008. Ramesh ‘Kenny' Sawh.
TOR
aged 19, was arrested and taken to Enmore police
station in East Coast Demerara, apparently on
charges of stealing a car battery. He died at the
police jail on the same day. The police never
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infon ed his family as to how he had died, but
allegedly told others that he committed suicide in
jail by hanging himself by his jersey. A witness
has reported that also on 17 January 2008, he
heard someone screaming and asking for the
beating to stop at Enmore police station. At the
mortuary in Georgetown. members of the Sawh
family were initially not allowed to see the body
of the dead young man, but only his face.
Allegedly there were no markings around the
neck, but instead he had swollen lips and, as the
family could see later, bniises on his body. In
April 2008, after repeated pleas from the Sawh
family and several letters by an attorney retained
by the family, the Police Complaints Authority
launched an investigation into the death of
Ramesh ‘Kenny' Sawh. Mr. Sawh had previously
been repeatedly held at that police station without
being officially charged and been ill-treated by
police officers. On one occasion, during
interrogation police officers placed a plastic bag
over his head and beat hint On another, they
soaked his head in water and continued beating
him with a broom head.
Edwin Niles, aged 34, was serving a three year
sentence for possession of marijuana in Camp
Street prison in Georgetown. Approximately on
4 June 2008, during a routine search following a
da of labour at an arnw base (Camp
Ayanganna). the prison guards found ammunition
in the pockets of Mr. Niles' pants. He was beaten
by the prison guards after the ammunition was
discovered. The police subsequently took him to a
Georgetown hospital; his (common law) wife was
not allowed to visit him there. On Friday.
13 June 2008, Edwin Niles succumbed to his
injuries in the hospital. The autopsy revealed that
he died as a result of a blood clot in the lungs.
Photographs taken during the post mortem
examination showed that he had sustained
extensive burns on his shoulders, back and
buttocks. He also had a broken arni when he was
brought to hospital. An investigation by the police
pointed to four officers who could have been
involved in the death of Edwin Niles. On 17 or
18 September 2008, the Director of Public
Prosecutions recommended that two Assistant
Superintendents of the Georgetown Prisons be
charged with manslaughter for the killing of
Edwin Niles. The two Assistant Superintendents
have been released on bail.
In a case that remains open after seven years.
Rocky Anthony Brunoanish. aged 29, was taken
into police custody on 6 June 2001 by two
officers of the Guyana Police Force. On
9 June 2001, Mr. Bninoanish infon ed a visitor at
the Aurora Police Station jail that he was being
beaten by police. He died that very same da at
the Aurora Police Station. On 10 June 2001, an
autopsy perfon ed on Mr. Bninoanish determined
that the cause of death was cerebral
haemorrhaging caused by a blunt trauma to the
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head. More than three years later, on
20 July 2004, the matter was reported to the
Ombudsman, the Honourable Justice S.Y.
Mohamed. No investigation has taken place since
then, however, to clarify the circumstances of the
death of Mr. Bninoanish.
80. Hungaii 28/03/08 AL TOR Markus Binder, aged 38. Austrian national. On
the night of 29 September 2007, he was arrested
in Budapest by two policemen and transferred to a
large pre-trial detention centre in the centre of the
city. He was interviewed by a bald officer, aged
between 40 and 45 years, who was about 185 cm
tall. Every time Mr. Binder tried to say
something, the officer shouted at him and told
him to shut up. The officer ordered him to stand
about 20 cm from the wall and every time he
moved, he hit him in the stomach or
electro-shocked him in his knee. Mr. Binder was
later moved to a cell with five beds and a table
with chairs. During the night he had an epileptic
seizure. The two men with whom he shared the
cell called the guards and four came and took him
to a padded room of about 1 m2. It had a
plexiglass door and he could not la down
because the room was too small. In the centre of —
the ceiling there was a pipe, and directly beneath
it on the floor was grating. Mr. Binder was
sprayed with cold water from the pipe until he
was almost submerged and could hardly breathe,
at which point it stopped. When he screamed, the
policemen entered and electro-shocked him in the
knee. Drenched with water, two guards with black
masks took him and put hini on a sinai! bus. They
transferred him to what was believed to be a
psychiatric clinic and handed him over to a
medical doctor (about 50 years old, with beard,
and short brown hair) who gave him an injection.
He fell asleep immediately. When he awoke.
Mr. Binder was allowed to shave in a washing
room outside his cell. He kept the blade and, upon
return in his room, cut into his throat because of
the treatment he had received and because he had
no idea what would happen to him .
81. India 0 1/02/08 JAL SUMX: Raju Roy, aged about 35. On 11 December 2007,
TOR he was arrested by plain-clothed personnel of the
Railway Protection Force in Santragachi,
Howrah. At the time of arrest the officers did not
present an arrest warrant, or infonn the family.
The next da Mr. Roy's family was informed that
he was seriously ill and was sent to the Howrah
District Correctional Centre. When they went to
visit him, Mr. Ro was unable to speak, stand on
his feet or walk. On 14 December at 1.35 am.,
Mr. Roy died after being transferred to the
Medical College and Hospital. Kolkata. On
17 December, representatives of the correctional
centre asked the widow to sign a letter indicating
that he had been unwell before his detention and
that his death was not related to his detention,
which she refused. On 19 December, the body
with injuries and marks that might stem from
torture or ill-treatment was handed over to
Mr. Roy's family. The autopsy was conducted by
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a magistrate under the authority of the executive
branch, who was not independent from the
Railway Protection Force, and therefore lacks
credibility.
82.
31/03/08
AL
TOR
Motahir All Tapadar, aged 38. Kalain village,
Assam. On 20 September 2007, he was arrested in
connection with a complaint against him by a
neighbouring family. He was taken into custody
at Kalain Patrol Post under Katigorah Police
Station. On the evening of his arrest,
Mr. Tapadar's wife went to visit him at the police
post and arrived to find several police officers
beating, abusing and humiliating her husband.
When she protested, she was beaten and kicked as
well. On the next morning, before being taken to
court, Mr. Tapadar's wife sought his release, and
the sub-inspector demanded Rupees (Rs.) 10,000.
He threatened that he would kill him otherwise.
The sub-inspector started to beat and kick
Mr. Tapadar in frill public view. When the latter's
condition began to deteriorate, he was taken to the
Kalain Primary Health Centre. Mr. Tapadur died
at about 1.30 p.m.
83.
29/07/08
JAL
SUMX;
TOR
S. M., aged about 14, resident in Delhi, Muslim.
On 24 December 2007 5. M. had come from
Delhi, where he lived, to Harharpur to celebrate
Eid Festival with his family. When he returned
from a meeting with his mother accross the border
at around ii .45 pm, he was killed by Border
Security Force (B SF) officers near Madhupur
Bridge, Police Station-Bagdah, District-North 24
Parganas. The assistant Commandant of BSF of
37 BD. B.S.F. explained the death of S. M.
indicating that B .S .F j awans fired on a group of
about five or six persons who crossed the border
and did not obey their order to stop. However.
while three deep penetrating injuries were noticed
on S. M's chest, no bullet injury was detected on
the dead body. The police of Bagdah Police
Station launched an investigation into the
unnatural death (case no 86/2007). However.
according to the sub-inspector of Bagdah Police
Station. a criminal case was also initiated against
the deceased victim. S. M. (Bagdah Police Station
case no 303; General Diary Entry no. 1661/07
dated 25 December 2007 under sections
143/186/353/447/506/427 of the Indian Penal
Code on the basis of the complaint lodged by the
Assistant Commandant). The case against S. M. is
based on a complaint lodged by BSF and
indicates that the body of the victim was
recovered by the BSF on 24 December 2007 at
about 11.45 p.m. and handed over to the police on
25 December 2007 at about 8.45 am., which
clearly indicates that the body of the victim
remained with the BSF for several hours. The
complaint alleges that B.S.F. Jawan of
37 Battalion of C-Company constable, N.H. Boro
(Constable no 05128115). when being attacked by
four or five persons on the night of
24 December 2007. opened fire on them and later
recovered a dead body from the place of the
incident which was situated about 250 meters
from the international border near Border Point
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No. 49/2/s. Later the unknown body was
identified as the body of S. M. by local people.
The complaint lodged by the BSF also alleges that
on the night of the incident a wire cutter.
100 Bangladesh taka and a Daw (Sharp cutting
weapon) were recovered from the place of
incident. S. M. was described as aged 20 in the
complaint whereas the father of the deceased
victim disclosed his age as 14. The charges
against him related to offences like cnrninal
trespass, preventing public officers from doing
their duty and assaulting public officers,
participating in an unlawful assembly, criminal
intimidation etc. The relatives of the deceased
have not received a post-mortem report yet. Given
that the body was with the BSF from about
midnight until almost 9 am. and the type of
injuries on the dead body, it is feared that S. M.
died following ill-treatment in custody .
84. 05/09/08 JAL FRDX; Excessive use of force by the security forces in
SUMX: confronting demonstrations in Jammu and
TOR Kashmir. Since June 2008, protests have
increased in Jammu and Kashmir. The
demonstrations began after a state government
decision on 26 May 2008, to transfer 100 acres of —
land to a Hindu tnist (the Amarnath Shrine Board)
to build temporary shelters during an annual
Hindu pilgrimage. Once the decision became
public in June, Muslim Kashmiris started
protesting against the land transfer. The decision
to transfer the land was revoked on 1 July,
fuelling counter protests from Hindu Kashmiris
calling for the reinstatement of the transfer.
During these demonstrations in Jammu, Hindu
protesters reportedly obstructed traffic on the
Jammu-Panthankot National Highway, the main
land route to the Kashmir region. The blockades
allegedly led to shortages in essential food and
medical supplies in the Kashmir valley. Protesters
chanted anti-Indian slogans, burned Indian flags
and effigies of Indian leaders, blocked highways
and attacked the security forces with sticks and
stones. On 11 August, approximately
100,000 Kashmiris marched toward the Line of
Control in protest. Police, military and
paramilitary forces responded with bamboo rods,
tear gas, rubber bullets and live ammunition,
resulting in the deaths of at least ten protestors.
On 12 August, at least another 17 protestors and
one news cameraman were shot by security
forces. On 13 August, the Government allegedly
issued an order authorizing state security forces to
‘shoot on sight' in response to communal violence
in the town of Kishtwar, Doda District. More
protestors were shot by state forces in the
following days. On 24 August, hundreds of
protesters defied a Government imposed curfew
and tried to march from Narbal to the Lal Chowk
(Red Square) in Srinagar, where a rally was
planned on the following day. The Central
Reserve Police Force (CRPF) opened fire on the
protesters, killing one person. At least eight
protestors were killed on the following day, on
25 August, and three on 27 August. According to
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the allegations we have received, each of these
43 deaths was the result of excessive use of force
by state security forces. At least 13 journalists
were also reportedly beaten by CRPF officers in
Srinagar, on 24 August, as they tried to reach their
offices despite the curfew introduced earlier in the
day.
85. 16/09/08 JAL SUMX; Neel Kumar Mondal, a fisherman and labourer
TOR of Char Durgapur village in Murshidabad District,
West Bengal. On 15 April 2008 at about 4 a.m.,
he was returning home after fishing from
Ilsemarir damoud near the border between India
and Bangladesh. Troops of BSF Battalion No.105,
Company A, patrolling in the area arrested him on
the suspicion of smuggling. They then beat him
with iron rods and boots. One of the BSF soldiers
fired at Neel Kumar Mondal and hit him on the
back. Neel Kumar Mondal died on the spot. The
BSF soldiers tied his legs with a rope and dragged
the body to their out-post. Neighbors and family
members of Neel Kumar Mondal who had heard
about the incident were not allowed by the BSF to
see his body at the outpost. At around 2 p.m. on
the same day, the BSF delivered the corpse to
Ranitala Police Station. On the basis of —
complaints filed by the BSF, the police registered 2
case no. 45/08 against Neel Kumar Mondal,
charging him under Penal Code sections 186
(obstmcting a public servant in the discharge of
public functions), 188 (disobedience to an order
duly promulgated by a public servant), 353
(assault or criminal force to deter a public servant
from the discharge of his duty) and 307
(attempted murder). The police at Ranitala Police
Station refused to take any complaint against the
BSF from Neel Kumar Mondal's family On
16 April 2008, Ranitala Police Station delivered
the body of Neel Kumar Mondal to Lalbagh
Sub-Divisional Hospital in Murshidabad. The
corpse was labeled as belonging to an
“unidentified” man, although Neel Kumar
Mondal's wife and family had identified the body
at the Ranitala Police Station. The post mortem
report of the Hospital referred to the case as an
“unnatural death” case and recorded the deceased
as an unidentified man. The family later on
received the mortal remains of Neel Kumar
Mondal from Ranitala Police Station. Dwijen
Mondal. On 3 May 2008, he and another man
went to the river Padma in Murshidabad district.
Members of the BSF from Bamnabad Camp,
Battalion No.90, B Company, who were patrolling
the river, apprehended Dwijen Mondal and took
him to BSF Out-Post No.3, Point D. The
following morning, on 4 May 2008, Dwijen
Mondal ‘s family was informed of his detention.
His eldest son and two other men went to the
BSF Camp. Dwijen Mondal was badly injured
and could not sit properly as his legs were tied
with chains. As to the causes of his injuries,
Dwijen Mondal told his eldest son and the two
men that he had been hung from a tree. A witness
to Dwijen Mondal's apprehension by the BSF the
previous day alleges that he heard someone
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shouting orders in Hindi: “Shir me mar. shir me
mar”. which means “strike on the head”. At the
inquest (see below), it was noticed that there were
black, swollen spots on the victim's bod/
particularly the throat and neck. There were some
bniise marks on the legs and some prominent dark
spots on the back of the victim. A police officer
present at the inquest was of the opinion that
these were boot marks, while further broader
black marks on the chest of the victim were
attributed to the handle of a rifle. On that same
morning, in the presence of his son. Dwij en
Mondal fell to the ground and died after drinking
some water. Around noon of 4 May 2008, police
officers from Raninagar Police Station reached
BSF Border Out-Post No.3. Their request to see
the Entry Book of the Border Out-Post but was
refused, and they did not receive answers to their
questions from the BSF. Raninagar Police Station
registered a case of unnatural death (Unnatural
Death Case No.05/08). In the afternoon, inquest
proceedings took place at Lalbagh Sub-Divisional
Hospital. A relative of Dwijen Mondal was
present. At 9.30 p.m. in the evening, a magistrate
took the statements of family members. The —
family were not given copies of the First
Information Report (FIR). The post-mortem was
carried out on the 5 Ma 2008. The Disposal
Order of Lalbagh Sub-Divisional Hospital does
not mention the cause of death. Also, on the
evening of 4 May, all the BSF men stationed at
Bamnabad BSF Camp were transferred and new
BSF stationed at the camp. Senior BSF and police
officers have been sending Dwij en Mondal ‘s
family 3,000 Indian Rupees (corresponding to
70 USD) and one sack of rice every month, and
have pledged to give ajob in the BSF to a son of
the deceased. The victim's family have withdrawn
their case against the BSF. allegedly under the
influence of some local political leaders.
Mofijul Seikh. a 25-year-old share-cropper of
Mohangunj village in Murshidabad District. He
died on around 1 to 2 June 2008 in the vicinity of
Border Out-Post No. 2 and 3 of the Mohangunj
BSF Camp. A bullet fired by a BSF soldier
(whose name is on record with the Special
Rapporteur) entered his body from the back and
exited from the chest. He died on the spot. As to
the circumstances in which Mofijul Seikh was
lethally shot by the BSF. two differing reports
were received. According to one version, he was
smuggling cattle from India into Pakistan and
failed to stop when BSF soldiers appeared. The
other version states that he was trying to prevent
cattle smugglers from crossing his fields (to
prevent damage to the crop) and was shot by B SF
soldiers complicit with the cattle smugglers. The
BSF inforn ed the police and on 2 June 2008 the
body of the deceased was taken to Raninagar
Police Station. During that morning the widow of
Mofij ul Seikh went to Raninagar Police Station to
lodge a written complaint against the BSF for
killing her husband. The officer in charge of the
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police station refused to accept the complaint. A
few hours later, the BSF filed a case against the
deceased with Raninagar Police Station
(Case No. 118/08). A post mortem examination
was carried out at Lalbagh Morgue.
Sentu Mondal, aged 19, resident of Chakmathura
village in Murshidabad District. He was
apprehended by BSF soldiers on 17 June 2008
around ii pin., as he was trying to smuggle cattle
across the Jndian-Bangladeshi border. The BSF
soldiers took Sentu Mondal to Out-Post No. 1 of
Udaynagar under Singhpara BSF Camp (BSF
Battalion 90). There they beat him to death with
their fists and rifle buts. Thereafter, BSF soldiers
threw his body into the river Padma near Out-Post
No. 1. On 19 June 2008, at about 4p.m. in the
evening, the lifeless body of Sentu Mondal
surfaced in the river Padma near Out-Post No. 1.
Police from Jalangi Police Station came to the
spot and sent the body of the victim for autopsy to
Berhampore General Hospital (post mortem
report no. 562 dated 20 June 2008). Jalangi Police
Station registered the death of Sentu Mondal as an
unnatural death (Case no. 15/2008). Sentu
Mondal's father alleges that the police have failed
to take any action against the perpetrators.
S.M., aged 15, from Rajanagarvillage,
Mushidabad District. On 23 July 2008 around
noon, he was sitting in front of his family's mud
hut by the road side. A constable of BSF Battalion
no. 90 approached S. M. and asked him in Hindi
about the whereabouts of certain fertilizer
smugglers operating in the area. S. M. was unable
to reply as he did not speak Hindi. The BSF
constable grabbed him and began to beat him.
Neighbors heard the cries and tried to intervene to
protect S. M., but the BSF constable fired his gun
at him. The bullet entered the victim through the
left side of the chest and exited through his back.
S. M. was nished to Berhampore New General
Hospital, but died there at 3 p.m.. before reaching
the operating theatre. The police at Raningar
Police Station registered both a case against the
BSF filed by S. M's mother (Case No. 151/08)
and a case against S. M. filed by the filed by the
Company Comander of G-Companv. B SF
Battalion 90. On the following day. 24 July 2008,
the post mortem was conducted in the morgue in
Berhampore New General Hospital. The post
mortem report recorded uirnatural death
(case no. 52 1/08). The BSF constable who shot
S. M. continues to serve and has not been
reprimanded for his actions. Md. Aptarul
Hossain alias Aktarul Jamal (alias Aktanil
Jamal). aged about 21, resident of Baronoberia
Biswas Para village, North 24 Parganas District.
He was shot in his leg by a BSF constable on
15 February 2008. According to the case filed by
the BSF against him (Gaighata Police Station
Case no. 54/08), Md. Aptanil Hossain was caught
by the BSF as he and two other men were
smuggling across the Jndian-Bangladeshi border
and was shot in the leg as he and his accomplices
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tried to attack the BSF constable. According to
two eve-witnesses (names on record with the
Special Rapporteur). however. Md. Aptanil
Hossain was approached by a BSF soldier as he
was cleaning rice crops in the paddy fields near
Out Post no. 2. The BSF soldier asked Md.
Aptanil Hossain whether his name was “Akbar”.
Md. Aptanil Hossain denied and gave his name.
The BSF soldier did not believe him and suddenly
fired a round from his rifle at the victim's left leg
below the knee. It is also alleged that the
documents filed by the B SF in connection with
their complaint against Md. Aptanil Hossain
(such as the reports concerning his arrest) contain
such inconsistencies as to unden ine the
BSF version of the incident. Md. Aptanil Hossain
is currently detained on remand at Dum Dum
Central Correctional Home. When he was
produced before the Bongaon Court on
24 June 2008, his left leg had lost flexibility due
to the insufficient medical treatment given to his
wound, which was swelling and releasing fluid.
On 8 July 2008, Md. Aptanil Hossain was again
produced before the Bongaon Magistrate's Court.
The wound was not covered by a bandage but tied —
with an unhygienic piece of cloth. Md. Aptanil
Hossain infonned the court that the treatment of
his injury was not going well. but was cut short
by the Public Prosecutor. Also counsel acting for
Md. Aptanil Hossain has repeatedly drawn the
court's attention to the insufficiency of the
medical treatmnent.
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86.
07/10/08
JUA
FRDX;
HRD:
IJL;
TOR
Kirity Roy, lawyer and Secretary of Banglar
Manabadhikar Suraksha Mancha (MASUM). and
State Director of the National Project on
Preventing TOR in India (NPPTI) (subject of
previously transmitted communications.
e.g. A/HRC/4/37/Add. 1. paras. 314 and 315;
A/HRCI7I28IAdd.1. para. 1053. 1057). On
27 September 2008, at approximately 4 p.m.. a
group of Kolkata Police agents whose identities
are known entered the offices of MASUM to
search for Mr. Kirity Ro who was not there at
the tinie. They then requested three documents
relating to three alleged victims of police TOR
who had sworn affidavits for the PTT.
87.
03/11/08
AL
TOR
On 9 July 2008. Mr. Brindaban Sumar went to
purchase some medicines. When he was returning
home. Border Security Force (B SF) personnel
forced him to load some consifcated goods in his
vehicle. The BSF personnel later went to his
home and inquired about the quantity of the
goods. On 12 July. Mr. Sumar was in his garden
when BSF personnel arrived and started to
question him. They held him by his collar and
started assaulting him with fists and blows.
Mr. Sumar fell on the ground and the
BSF personnel began to kick him. They then tried
to drag Mr. Sumar towards the BSF Camp. The
victim's son tried to infonn other villagers about
the incident. but he was forcibly restrained by
BSF personnel. Mr. Sumar was taken to the
Banagram Angrail Camp of the 126th Batallion E
Company. Once there. he was hung upside down
and bnitallv based on his legs, back and hip with
batons. At the time of his release, Mr. Sumar
signed a written document, the contents of which
were not disclosed to him. On 12 July 2008, the
victim's wife filed a complaint at the Gaighata
Police Station (GDA No. 670), but the police
reportedly did not take any steps. On
15 July 2008, a mass petition was filed before the
Sub-Divisional Officer. On 16 July 2008, the
victim filed a petition under section 156 (3) of the
Criminal Procedure Code before the Additional
Chief Judicial Magistrate. The petition was
admitted and the Gaighata Police Station started
case no. 276 under sections 342, 325, 326, 307,
379. 506 and 509 of the Indian Penal Code. All
original documents regarding Mr. Sumar' s
medical treatment, as well as other documents
were taken away by the police of Gaighata Police
Station, allegedly for the purpose of the
investigation. However, the police have failed to
arrest the perpetrators. The victim had to go to the
police station several times to request the
initiation of the investigation.
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88.
Follow-up
M. M. B. (A/HRCI7I3IAdd.i, para. 84).
By letter dated 28/04/08, the Government
to earlier
infon ed that he was arrested on
cases
21 September 2007 on account of his
complicity in a case of theft. All necessary
legal fon alities were observed in the
registration of the case and the arrest of Mr. M.
After his arrest, he was examined at N. R. S.
Medical College Hospital and no signs of
alleged torture were found in the medical
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examination report. Mr. M. was produced
before the Additional Chief Judicial Magistrate
within 24 hours of his arrest on 22 September.
The court remanded him to police custody
until 25 September. There was no allegation of
torture made before the court. The court also
dismissed the charge of illegal detention from
ii to 20 September. Mr. M. was again
produced before the Magistrate on
25 September. who extended the remand until
28 September. The medical examination report
during the period of remand did not establish
any instance of torture. Mr. M. was released on
bail on 28 September. The case is presently
subjudice.
By letter dated 21/07/08, the Government
inforn ed that the woman was apprehended by
a patrolling party of the Indian Border Security
Force (B SF). They were brought to the outpost
and a preliminary questioning was conducted
in the presence of a female member of the
Pancha at (local government). The women
were then taken to the Government Hospital,
Raninagar. where the Medical Officer carried
out an examination and certified that “no
external injury is seen”. The women were then
taken to the police station of Raninagar to be
kept in the women's prison cell as there was
no such facility available at the BSF outpost. A
constable of the BSF was also kept on duty
there. The next morning. Ms. Begum
complained of sexual harassment by the BSF
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89.
Asha Begum (A/HRC/7/3/Add.1. para. 82)
patrolling party upon which they were
immediately taken to the Government
Hospital, Raninagar. where the Medical
Officer re-issued a medical certificate saving
that no external injuries were seen and also
referred Ms. Begum to Sadar District Hospital,
Berhampore. for further examination. He also
endorsed that he had examined the same
woman the evening before, at which time she
did not complain of a sexual assault. The
Medical Officer of Sadar District Hospital
carried out an examination and categorically
denied the possibility of sexual assault of
Ms. Begum. The allegation leveled against the
BSF ambush park appears to be false and
fabricated. Medical examinations from
different hospitals are testimony to the fact.
Therefore no First Information Report was
lodged by the police against the BSF party. On
receipt of a notice from the National Human
Rights Commission, a departmental Staff
Court of Inquiry was ordered by the
Headquarters of BSF. Kolkatta. which is
underway.
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9ft
Indonesia
31/07/08
JAL
SUMX;
Resumption of executions in Indonesia. It is our
By letter dated 17/10/08, the Government
TOR
understanding that, bringing to an end an informal
responded that Samuel Iwuchukwu Okobe and
moratorium on executions which lasted since
Hansen Anthony Nwolisa were arrested and
2004, six persons were executed since
charged with dnig possession and convicted of
27 June 2008: on 27 June 2008. Samuel
dnig trafficking in 2007. The death sentence
Iwuchukwu Okoye and Hansen Anthoni
was retained when their appeals at the various
Nwolisa. two Nigerian citizens; on 10 July 2008,
levels failed to acquit them of the charges
Achmad Suradji: on 18 July 2008,
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Tubagus Maulana Yusuf: and on the following
day. Nyonya Sumiarsih and her son Sugeng. The
first two had been found guilty of dnig
trafficking, the remaining four of multiple
murders. Two of those recently executed had been
found guilty of dnig trafficking. Samuel
Iwuchukwu Okove and Hansen Anthoni Nwolisa.
the two Nigerians who were executed by firing
squad near Pasir Putih prison on 27 June 2008,
had reportedly attempted to smuggle 7 kg of
heroin into Indonesia. More in general, according
to detailed inforn ation provided by your
Government to the Special Rapporteur on the
question of torture in November 2007, there were
(as of October 2007) 99 prisoners sentenced to
death in Indonesia. Recent reports indicate that
the number of prisoners on death row has since
risen, possibly to 108 at present. Five had been
sentenced to death on terrorism charges, 36 for
murder and one on charges of robbery. The
remaining 57 were sentenced to death on charges
of illicit trafficking in narcotic dnigs and
psychotropic substances. On 26 June 2008 (the
International Da against Dnig Abuse and
Trafficking), National Police Chief General
Sutanto reportedly stated that the Government
intends to speed up executions of persons
sentenced to death for dnig trafficking.
We commend the recent decision of the Supreme
Court of Indonesia to commute the death sentence
in the cases of three Australian citizens convicted
against them.
Achrnad Suradj was sentenced to death in
April 1997 by the Lubuk Pakam district court
in Deli Serdanag, North Sumatra, for killing
42 women and girls in a series of ritual
slayings. His appeals in higher courts and
subsequent application for clemency were all
rejected.
Tubagus Maulana Yusuf was convicted of
murdering eight persons in March 2007 and
was sentenced to death. He did not appeal the
conviction, nor did he make any requests for
clemency.
N on a Sumiarsih and her son, Sugeng, were
sentenced to death in 1989 for the murder of a
family of five in Surabaya. Their last appeal
for clemency was rejected in 2003.
It should be clearly understood that Indonesia
has an independent judiciary which has been
functioning effectively for several years. There
are several stages which must be respected
before any execution may be carried out in
Indonesia.
Contrary to any negative inferences in the
letter, Indonesia wishes to recall that it does
not take lightly the commitments it has
undertaken when ratifying the ICCPR.
However, for heinous crimes, which have been
judicially adjudicated, certain provisions of the
national law impose the death penalty.
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of dmgs smuggling, Matthew Norman, Thanh
Duc Tan Nguyen and Si Yi Chen.
According to the data your Government provided
to the Special Rapporteur on the question of
torture, while all the death row inmates convicted
for non-drug related offences are Indonesian
nationals, of the 57 awaiting execution on drugs
trafficking charges 43 are foreigners. Half of these
foreigners (21) are citizens of African countries.
‘While it seems clear that foreigners play a
significant role in smuggling drugs into
Indonesia, the fact that four out of five prisoners
awaiting execution on dmgs trafficking charges
are foreigners raises certain questions in terms of
possible discrimination in relation to both
criminal enforcement and sentencing in
dmg-related cases. It would be important to know
if there are four times more foreigners than locals
involved in the drug trade, if the police use the
same approach in investigating and charging both
locals and foreigners, and if the sentences handed
down are equally harsh in relation to both
foreigners and locals. In addition, foreigners in
conflict with the law are particularly vulnerable
and require special measures to ensure the
fairness of the proceedings against them,
including interpretation and consular assistance.
When the Special Rapporteur on the question of
torture visited Pasir Putih prison on
20 November 2007, he interviewed a number of
prisoners sentenced to death. As reflected in
Furthermore, the provisions of the national
legislation are not discriminatory in relation to
foreigners as all are judged equally before the
law. Therefore, the fact that Indonesia is a
signatory of the ICCPR does not pre-empt
decisions the Government may take as part of
its sovereign and democratic legal process,
within its borders and by applying its judicial
norms.
Once again, the death penalty in Indonesia is
only imposed for crimes of a very serious
nature. The law does not prohibit the death
penalty. Furthermore, nobody was executed
before the Government reassessed its position,
and in 2007 the Constitutional court upheld the
death penalty for serious dmg offenses.
In addition, it bears stating that the names
mentioned in the Annex of the communication
remain within the jurisdiction of the judiciary.
It is up to the court and the constitution to
determine how the provisions of national
legislation apply to the mentioned individuals.
To this effect, the Government of Indonesia is
not at liberty to comment on the decisions that
will be taken on their cases at this point in
time.
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a
Appendix Ito his report on the visit to Indonesia
(A/HRC/7/3/Add. 7). many of these prisoners
alleged prolonged detention in police custody.
ill-treatment to extort confessions, judicial
indifference to allegations of ill-treatment, and, in
some cases, violations of the right to be assisted
by legal counsel. Relevant parts of the Appendix
to the report on the visit to Indonesia are
reproduced as Annex to this communication.
While we do not wish to prejudge the tnithfulness
and accuracy of the allegations made by the
detainees, which have, to our knowledge, neither
been corroborated nor refuted. they would - even
if only partially tnie - raise serious concerns with
respect to the fairness of the proceedings in which
these persons were sentenced to death.
The Annex made reference to the report of the
Special Rapporteur on the question of torture on
his Indonesia visit (AIHRC/7/3/Add.7.
Appendix 1. paras. 99. 101, 102, 105,108. 109,
110, 111, 112, 113).
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91.
14/08/08
JAL
FRDX:
46 individuals including Simon Tuturop,
By letter dated 2 1/10/08, the Government
TOR
Tadeus Weripang, Viktor Tuturop, Tomas
indicated that on 19 July 2008, the six
Nimbitkendik, Benedidiktus Tuturop and Teles
mentioned Papuans were involved in a
Piahar. In the morning of 19 July 2008, at
flag-raising incident which took place outside
approximately 4.30 am., 46 Papuan nationals
an Indonesian government archive office in
were arrested by police during a flag-raising
Fakfak, West Papua. The above individuals
ceremony outside a government archive office, in
were among the 46 who were arrested for their
the city of Fakfak, western Papua. During the
participation in this illicit event which took
arrests, police officers reportedly beat and kicked
place without authorization.
the protesters. forcing the men to strip to their
. .
As a result of their actions, Simon Tuturop,
underwear in the street, before loading them onto
tnicks and taking them to Fakfak police station.
Many of those arrested suffered bniising to their
faces and bodies, with two complaining of serious
e e injuries. Six of those arrested, including
Mr. Simon Tuturop. Mr.Tadeus Weripang.
Mr.Viktor Tuturop, Mr.Tomas Nimbitkendik.
Mr.Benedidiktus Tuturop and Mr.Teles Piahar,
have been charged with subversion for
threatening the state and by raising a ‘separatist
flag'. In accordance with Indonesia's criminal
code subversion carries a maximum penalty of
life imprisonment. On 23 Jul/ five more activists
were reportedly arrested while 37 from the
original group of detainees were released. The
police reportedly stated that it will investigate
allegations related to detainees who suffered e e
injuries, but has denied claims that any of the
protesters were beaten or that they were subjected
to humiliating treatment. In March 2008,
nine Papuan activists were arrested and jailed for
displaying the Papuan Morning Star flag. Their
trial, on charges of subversion, is ongoing and the
nine remain in detention.
58 years old, Tadeus Weripang, 52 years old,
Victor Tuturop, 42 years old, Tomas
Nimitkendik, 19 years old, Benediktus
Tuturop, 35 years old and Telas Piahar,
20 years old, were all arrested and charged
with subversion under section 110 of the
Indonesian Criminal Code.
Following further investigation, the others who
were arrested at the same time as the six
mentioned individuals have been released and
the charges against most of them dropped. At
the time, the other 37 detainees were to be sent
home after meeting with and being briefed by
the Faffak Regent.
The flag that was raised bore the insignia and
colours of the West Papuan Independence,
which is known as a separatist symbol and
baimed. The six individuals were in violation
of the law for attempting to cause a rebellion,
and could also be charged with plotting a coup.
Their case will be handled in application of the
national judicial procedure.
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92
31/10/08
AL
TOR
On 22 January 2007, Mr. H. and his partner were
By letter dated 15/12/08, the Government of
assaulted by approximately 16 civilians while
Indonesia indicated that Mr. H., an
they were at their home. On 23 January, they were
NGO worker, was said to have a male lover
taken to the Bandarava Aceh Sector Police at
who went by the name of Mr. F. On
about 1:230 am., where they were severely
22 January 2008, Mr. H and Mr. F were
beaten and sexually abused by police officers.
allegedly assaulted by about 16 civilians while
.
When the investigation process was set in motion,
they were at home together at the second floor
.
of a coffee shop in Lamgalang Village,
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the prosecutor treated the case as a minor offence.
On 8 October 2008, the Bandarava Aceh District
Police suninioned Mr. H. to give testinionv at the
Banda Aceh District Court. The trial against four
police officers took place that same day. During
the trial, the judge did not examine the
perpetrated acts of torture but rather focused on
the sexual orientation of Mr. H. He gave the
impression that the accused should be allowed to
beat and assault the victim on the grounds of his
different sexual orientation. After Mr. H. gave his
testimon/ all of the accused accepted it without
objection.
The court sentenced the four defendants to three
month imprisonment, six months probation and a
fine of IDR 1.000 (0.1 USD) for “minor
maltreatment”. Since the charge was a minor
offense, the victim has no right to appeal. In its
reasoning for the light punishment, the court
stated that the police officers had committed a
minor offence, had confessed their acts, both
parties had forgiven each other and they were
needed by their country.
regency of Banda Aceh, allege dlv having
intercourse. At the tinie. it was said that the
assault was a direct result of the disapproval
felt in their community for their sexual
misconduct which contravened the local laws.
traditions and religious values. The police
came and allegedly asked them to sign a letter
addressed to the Lamgalang Head of the
Village infonning him that they would not
repeat their homosexual actions in the future in
that village.
On 23 January 2007, the two were arrested by
the Banda Rava Aceh Sector Police at
approximately 1:30 am. and were taken to the
local police station in Banda Aceh. The arrest
was linked to their public disorder. Following
their arrest, there were allegations that they
had been mistreated while in police custody.
During his trial. Mr. H. was requested to give
testimony before the Banda Aceh District
Court on 8 October. As homosexuality is
considered a crime in the legislation in Aceh,
the judge advised him to “turn away” from this
legal violation.
Regarding the allegations of torture and
mistreatment, it is illicit for authority figures to
misuse their power to the detriment of
detainees. As a result, four police officers were
placed on trial, R. H, W. P. W. S. and A. They
did not deny the accusation and later
apologized to Mr. H. They were also sentenced
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them to three years' imprisonment, with
six months of probation and a fine of
IDR 1.000.
93. 03/11/08 AL TOR On 26 March 2008, Mr. Adi Sahrianto, a
gatekeeper at Bulan Bintang village, Deli
Serdang, Sumatra. was arrested by an officer from
the North Sumatra Regional Police Station on
suspicion of theft. and taken by car to the station.
Around 10 p .m. Mr. Sahrianto ‘s brother was
informed by the police that his brother had been
taken to the hospital in Medan. He was dead by
the time his family arrived. Mr. Sahrianto's body
reportedly had traces of burns, and visible injuries
including bniises on his neck and back, and his
head also had cuts. No autopsy report was
provided to the family. It has been reported that
no investigation into the alleged torture has been
carried out.
On 14 Ma 2008 around midnight. Mr. Syamsul
Hadi, aged 34 from Semarang, was arrested at his
friend's house by three officers of Semarang
Police Office. Mr. Hadi was blindfolded, bound,
taken away in a minivan and driven around the
city. Mr. Hadi was later beaten, doused in
gasoline, set alight at Lingkar Peganjaran Road.
Kudus district, and left by the highway. Mr. Hadi
has received treatment at Kudus Hospital.
On 19 September 2008, Mr. Ferdinand Pakage
was arrested in Wamena. On 20 September 2008
at 7 am., a prison officer at Abepura prison, hit
Mr. Ferdinand Pakage with a metal ke on the
94. 06/11/08 JUA HRD; Sabar Olif Iwanggin. assistant lawyer and
IJL; human rights activist (noted in the report by the
TOR Special Rapporteur of his visit to Indonesia.
A/HRC/7/3/Add.7. Appendix I. para. 75). On
18 October 2007. he was arrested in Javapura by
the Anti-Terror Special Force Unit of the National
Police (Mabes Polri). Afterwards, he was
transferred to Mabes Polri in Jakarta where he
was held for interrogation until 1 November 2007.
Subsequently he was brought back to Polda
Papua. Sabar Olif Iwanggin is accused of
forwarding a short message-service (sms) to his
family and his friends defaming the Indonesian
President Susilo Bambang Yudhovono. Sabar Olif
Iwanggin is being tried since 7 January 2008
before the State Court of Javapura. He is charged
for insulting the President, based on articles 134
and 160 of the Indonesian Criminal Code.
According to article 134. deliberate insult against
the President shall be punished by a maximum
prison sentence of six years. Article 160 stipulates
that any person who incites in public to commit a
punishable act, a violent action against the public
authority or any other disobedience shall be
punished by a maximum prison sentence of
six years or a maximum fine of three hundred
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right side of his face, which started bleeding.
Subsequently the Head of Prison registration
centre took him to the office of the Head of Prison
security, who also hit Mr. Ferdinand Pakage on
his head and back with a nibber stick and kicked
his knees and face with his arniy shoes.
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nipiahs. According to the inforn ation received,
Sabar Olif Iwanggin' s trial has violated the
guarantees of the due process of law, as stipulated
by Indonesia's Criminal Procedure Code and
international hunian rights standards. It is alleged
that Sabar Olif Iwanggin was arrested without an
arrest warrant and that he was not accompanied
by his lawyer during part of the interrogation.
Moreover, he would have confessed to
committing the offense as a result of
psychological pressure exerted by police officers.
It is also alleged that the prosecution presented
nine witnesses of whom none was able to testify
against Sabar Olif Iwanggin, which led the
prosecution to ask for further witness
examination, even though both, the examination
of the witnesses as well as the examination of the
defendant, had been closed. This would have
breached the Indonesian Criminal Procedural
Code (article 182). Furthermore, it is alleged that,
although the prosecution did not prove that the
sms of Sabar Olif Iwanggin lead to anarchic
actions in the districts of Yahukimo and Boven
Digul where several stores were destroyed and
burned down in September 2007, Sabar Olif
Iwanggin was charged with violating article 160
of the Penal Code. Finally, the judges allegedly
shouted and blamed the accused during the trial.
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95.
Iran (Islamic
27/12/07
JUA
SUMX:
A young man identified as Behnood. is at
Republic of)
TOR
imminent risk of execution. He was convicted b/
a court in Tehran of murdering another bo
during a street fight, when he was 17 years old.
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He will reportedly be executed in the coming days
following the confirmation of the death sentence
by the Supreme Court.
96.
21/01/08
JUA
HRD;
TOR
Emadeddin Baghi, president of the Society for
Defending Prisoners' Rights, a non-governmental
human rights organization founded in 2003, and
former editor of Jomhouriat, a daily newspaper,
closed by the authorities in July 2004 (subject of a
previously transmitted communication,
A/HRC/7/14/Add. 1, para. 312). Mr.Baghi
reportedly suffered a heart attack in prison on
26 December 2007. He was briefly hospitalized
for emergency treatment, but was then returned to
prison, where he is said to be held
incommunicado and in solitary confinement in
section 209 of Tehran's Evin Prison.
97.
23/01/08
JUA
WGAD;
HRD;
IJL;
TOR
Sa'id Metinpour (subject of a previously
transmitted communication, A/HRC/7/3/Add. 1,
para. 95). Mr. Metinpour, who has been in
detention for eight months, has had no access to a
lawyer. He was transferred to Section 209 of
Evin Prison in Tehran on 4 December 2007,
where he was permitted his first family visit since
his arrest. Before being transferred to Evin Prison
Mr. Metinpour spent 205 days in solitary
confinement. He also had objects, such as slippers
and jugs, inserted into his mouth by officials. He
is in urgent need of medical attention due to a
dermatitis contracted during his detention. He has
also reportedly undergone considerable weight
and hair loss.
HLTH;
HRD:
TOR
Mahmoud Salehi, spokesperson for the
Committee to Establish Trade Unions and forn er
president of the Saqez Bakery Workers' Union.
On ii December 2007, he was admitted
unconscious to Tohid Hospital in Sanandaj after
collapsing in prison between 4 and
10 December 2007. Following his admission to
hospital he received a brain scan, which revealed
that blood vessels in his brain had been damaged.
Mr. Salehi needs dialysis treatment which is
unavailable in prison, suffers from a kidney stone
in his one remaining kidney, and has grave
intestinal oedema or swelling that may be
connected to his renal disease. Despite his poor
health. Mr. Salehi was returned to prison. Since
his arrest in April 2007. Mr.Salehi's family and
lawyer have reportedly been trying to either
secure his temporary release on medical grounds,
or to transfer him to Saqez Prison so that his
specialist doctor would be able to see him. On
31 Ma 2007, Mr. Salehi's doctor stated that he
cannot receive adequate treatment in prison. On
17 June 2007, Mr. Salehi was examined in the
Tohid Hospital, and was returned to prison. It is
reported that Mr. Salehi is denied his right to see
his lawyer, and his family can only contact him
by phone.
By letter dated 04/09/08, the Government
responded that Mr. Mahmoud Salehi was
charged with action against national security
through organizational support for and
connection with the terrorist group of
Koumeleh and arrested in Ma 2004 in the city
of Saghez. After a thorough examination of the
charges and following the legal proceedings
and a court hearing of his case, he was
sentenced to one year of imprisonment and
two years of probationary imprisonment.
While he was serving his term as well as
afterwards, he continued his activities and
contacts with foreign circles, campaigning
against the Islamic Republic of Iran. Following
investigations and hearing his defence, the
pertinent court issued a temporary arrest
warrant, which was once reconfirmed,
following an appeal by his defence lawyer. His
case was opened again in Branch 1 of the
Islamic Revolution Court of Sananndaj city on
3 April 2008. Mr. Salehi was released on bail
on 6 April 2008 pending trial. The
Government wishes to stress that the charges
against Mr. Salehi had no connection
whatsoever with his activities in defence of
human rights. His trial was in accordance with
the nile of law and merely in relation with his
illegal activities. Mr. Salehi enjoyed all his
legal rights before the court ofjustice. He also
enjoyed all facilities as well as medical
services offered by medical centres in and
98.
25/01/08
JUA
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outside of the prison, as available to other
prisoners and regularly received the prescribed
medicines. Any allegation of ill treatment or
lack of proper medical attention are therefore
baseless and merely aim at ill-inteded
objectives.
99.
05/02/08
JUA
FRDX;
HRD;
IJL;
TOR
Behrouz Seferi, a human rights activist
campaigning for language rights for Iran's
Azerbaijani minority, and his wife. Ms. Layla
Heydari. He has been detained without charge or
trial since late May or early June 2007. He has not
been allowed to consult a lawyer. Mr. Seferi was
arrested shortly after demonstrations around the
first anniversary of the publication of a cartoon in
an Iranian newspaper which many Iranian
Azerbaijanis found offensive. He was held in his
home town of Zanjan until 4 December 2007.
when, according to sources, he was moved to
Evin Prison. Ms. Lavla Heydari has been detained
since 28 August 2007. She ran a shop selling
Azerbaijani books, music and other cultural
material until the authorities closed it down in
2006. She obeyed official warnings not to
publicise her husband's arrest, but on
28 August 2007, she was summoned to visit her
detained husband at the Ministry of Intelligence
detention centre, and was arrested. On 4
December, she was also moved to Evin Prison.
100.
13/02/08
JUA
SUMX;
TOR
Ms. Zohreh, aged 27, and Ms. Azar Kabiri,
aged 28, sisters from Khademabad, near Karaj.
On 5 Febniarv 2007, they were arrested in
connection with allegations of adultery. On
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17 March 2007, they were prosecuted in court.
found guilty, and sentenced to 99 lashes. This
sentence was executed but for unknown reasons.
both women were returned to prison. Another trial
took place for the same charges and they were
sentenced to death by stoning on 5 August 2007.
The Supreme Court later confirmed the sentence.
They are currently awaiting execution.
101.
13/02/08
JUA
WGAD:
FRDX;
HRD:
IJL;
TOR
Amin Ghaza'i. a 29-year-old writer, chief editor
of an electronic journal called “ArtCult”. and
prominent member of an organisation called
“Students for Freedom and Equality”
(“Daneshjouyan-e Azadi Khah va Beraber
Talab”). On 14 January 2008, he was arrested in
Tehran at a meeting along with 14 other students.
He is currently being held without charge or trial
in solitary confinement in Section 209 of Evin
Prison in Tehran and has been ill-treated. On
15 January 2008 the police searched
Mr. Ghaza'i's home and confiscated his computer
and papers. On 30 January 2008, Mr. Ghaza'i was
allowed a three minute telephone conversation
with his family in the presence of guards, during
which he appeared to be intimidated. Apart from
this phone call Mr. Ghaza'i has not been allowed
access to his family or a lawyer. He suffers from a
peptic ulcer, heart problems, and asthma.
102.
15/02/08
JUA
HRD:
TOR
Ya'qub Mehrnehad. the General Secretary of
Youth Association of Justice Voice, and an
activist working to defend the cultural and civil
rights of Baluchi peoples in Zahedan, northern
Iran. In early Febniary 2008, Mr. Ya'qub
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Mehrnehad was sentenced to death for an
unknown offence, after a trial conducted behind
closed doors. His appeal before the Supreme
Court has been scheduled for 17 Febniary. less
than the minimum 20 days given in Iran for the
preparation of appeals. He was arrested in early
May 2007 along with five other members of the
association after they attended a meeting in the
Provincial Office of Culture and Islamic
Guidance. The five other men were later released.
Five months after his arrest. Mr. Ya'qub
Mehrnehad was allowed visits from his lawyer
and his family, who alleged that he had been
tortured. He lost about 15 kg and was unable to
keep his balance. His trial reportedly began on
25 December 2007 before a court in Zahedan. in
Sistan-Baluchistan.
103.
29/02/08
JUA
SUMX:
TOR
Mohammad Reza Haddadi. currently detained
in Adel Abad jail in the city of Shiraz, is at
imminent risk of execution. On 6 January 2004,
Mohammad Reza Haddadi was sentenced to death
by the Criminal Court in Kazeroon for the
kidnapping and murder of a taxi driver called
Mohammed Bagher Rahmat. The events took
place in August 2003. when Mr. Haddadi was
only 15 years old. On 3 July 2005, the
Supreme Court of Iran upheld the death sentence.
104.
10/03/08
JUA
FRDX;
HRD;
IJL;
TOR
Reza Daghestani, an Azerbaijani rights activist,
Oromiyeh. He established groups to organize
peaceful demonstrations in the province of West
Azerbaijan in connection with International
Mother Tongue Da on 21 Febniarv. He was a
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member of a group called Un u Azerbaijan Sesi,
which actively supported several would-be
candidates from Oromiyeh, all of whom were
disqualified, for standing for the Majles
(parliament) elections to be held on 14 March. On
21 Febniarv 2008, he was arrested, his house was
searched and his computer. CDs, papers and
books were confiscated, along with printouts of
his newsletters. Mr. Daghestani called his family
on 22 Febniary. saying he was being held in a
detention centre belonging to the Ministry of
Intelligence in Oromiyeh. He has had no access to
a lawyer and his family. When his family tried to
visit him on 25 Febniarv. they were told that
visits would not be allowed until at least
10 March. It is feared that Mr. Daghestani may
have been tortured to force him to provide
infonnation. as security forces searched his house
a second time on 26 Febniarv and appeared to
know where to find other papers and books .
105. 15/04/08 JUA FRDX: Behrooz Karimizadeh. Peyman Piran. All
HRD: Kantouri and Majid Pourmajid. four students
IJL; and members of the organization “Students
TOR; Seeking Freedom and Equalit/ . Three of the four
WGAD students were arrested in December 2007. —
apparently to prevent demonstrations to
commemorate the “Students Day” on
7 December 2007. Behrooz Karimizadeh was
arrested on 2 December 2007 by Ministry of
Infonnation agents at the house of a friend in
Tehran; Pe man Piran was arrested on
4 December 2007 by plainclothes agents from the
Ministry of Information as he was leaving
Tehran University campus following a peaceful
demonstration; and Ali Kantouri was arrested
approximately two weeks later in the town of
Ghazvin. Behrooz Karimizadeh and Peyman
Piran are being detained in Units 209 and 305 in
Evin prison in Tehran, and Ali Kantouri is
detained in Ghezel Hesare near Tehran. Bail was
refused for Mr. Kantouri, and a prohibitively high
bail was set for Mr. Piran and Karimizadeh.
Majid Pourmajid was arrested on 29 March 2008
in Tabriz; he was hospitalized three days after his
arrest and transferred two days later from the
hospital to an undisclosed location by the
authorities. Since then his whereabouts are
unknown. The four students are accused of taking
part in “armed activities” and “forming groups
against the State”. Their lawyers have not yet had
access to their clients or their files. The detained
students are reportedly being subjected to long
periods of solitary confinement and physical and
psychological ill-treatment. Approximately
40 students have been arrested since
December 2007, and all except these four were
later released, some of them alleging that they
were ill-treated during their detention.
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106.
16/04/08
JUA
TOR;
All Muhaqiq Nasab, editor of the monthly
FRDX;
Kabul-based magazine Haqoq-e-Zan, or Women's
TOR
Rights (subject of a previously transmitted
communication, E/CN.4/2006/95/Add. 1, para.
6).
On 4 March 2008, he was arrested by Iranian
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officials at his honie in Qoni. He was then
transferred to a detention facility in Tehran, where
he has been held without charge. At the time of
his arrest, a computer, mobile phones and
documents were confiscated. Mr. Nasab' s wife
was denied access to or any infon ation about
him.
107. 23/05/08 JUA FRDX: Ms. Nashrin Afzali. Ms. Nahid Jaafari,
HRD: Ms. Zeynab Peyghambarzadeh. Ms. Rezvan
TOR: Moghadam and Ms. Parvin Ardalan. members
VAW of the One Million Signatures Petition Campaign.
This Campaign seeks to abrogate legal provisions
that have adverse effects on wonien' s hunian
rights. Ms. Ardalan. along with other members of
the campaign, was the subject of an earlier
communication (see A/HRC/4/3 3/Add. 1.
para. 100). On 19 April 2008. the 13 th Chamber of
the Tehran Revolutionary Court sentenced
Ms. Nasrin Afzali to six months' suspended
imprisonment and ten lashes after having found
her guilty of “disniption of public order” for
having participated, on 4 March 2007, in a
peaceful gathering in front of the Tehran
Revolutionary Court to mark International
Women's Day. On 21 April 2008. Ms. Nahid —
Jaafari received the same sentence, on the basis of
the same charges. On 29 March 2008,
Ms. Ze nab Peyghambarzadeh was sentenced to
two years' suspended imprisonment for “acting
against national security” by the 16 th Chamber of
Tehran Revolutionary Court. On 28 April 2008,
Ms. Rezvan Moghadam and Ms. Parvin Ardalan
were notified that, subsequent to a hearing that
took place on 4 Febniarv 2008, the Tehran
Revolutionary Court had sentenced
Ms. Moghadam to six months' suspended
imprisonment and ten lashes and Ms. Ardalan to
two years' imprisonment on charges of “acting
against national security”. On 4 March 2007. the
Iranian authorities arrested at least 3 1 women's
rights activists, including Ms. Afzali. Ms. Jaafari.
M. Peyghambarzadeh. Ms. Moghadam and
Ms. Ardalan. for staging a peaceful demonstration
against the prosecution of six women's rights
defenders charged with criminal offences against
public order and security for having organized a
peaceful demonstration in Haft-e Tir Square of
Tehran on 12 June 2006 .
108. 18/07/08 JUA SUMX: Regarding the death sentences reportedly imposed
TERR; on three ethnic Kurds and alleged members of the
TOR arn ed group Kurdistan Workers Party (PKK),
Farzad Kamangar (also known as Siamand).
All Heydarlyan and Farhad Vakili. The
Supreme Court of Iran is reported to have recently
confirn ed the death sentences and the execution
of Farzad Kamangar might be imminent. Farzad
Kamangar. Ali Heydariyan and Farhad Vakili
were arrested by Ministry of Intelligence officials
in Tehran in July or August 2006. Farzad
Kaniangar was subsequently held incommunicado
at a series of different locations, including in
Kern anshah. Sanandaj and Tehran. In the course
of his detention he was tortured, including by
beating, flogging and electrocution. As a result of
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the treatment inflicted, he had to be transferred
twice to prison clinics. On 27 May 2007, the
spokesperson of the Judiciary announced that
Farzad Kamangar had been charged with
membership in a terrorist organization and with
holding explosives. In Febmary 2008, the
36th Revolutionary Court in Tehran found Farzad
Kamangar, Ali Heydariyan and Farhad Vakili
guilty on charges of “mohareb”, apparently in
connection with their alleged membership in the
PKK, and sentenced them to death. Ali
Heydariyan and Farhad Vakili were also found
guilty of forging documents and sentenced to
ten years imprisonment, which they have to serve
before any execution is undertaken. Recently (the
exact date has not been reported to us), the
Supreme Court confirmed the death sentences. It
would appear from the information received, that
the head of the Judiciary may already have issued
the execution order for Farzad Kamangar .
109. 3 0/07/08 JUA SUMX; Eight women and a man who have been sentenced
TOR; to death by stoning for adultery: Ms. Kobra
VAW Najjar, Ms. Iran Eskandari, Ms. Malek
(Shamameh) Ghorbani, Ms. Zohreh Kabiri and
Ms. Azar Kabiri Ms. AshrafKolhari —
a f l
Ms. Khaeirieh Valania, Ms. Leila Qomi, and C
Mr. Abdollah Farivar Moqaddam. Several of
them were the subjects of earlier communications
(Mr. Abdollah Farivar Moqaddam:
A/HRC/7/3/Add. 1, para. 88; Ms. Zohreh Kabiri
and Ms. Azar Kabiri (para. 100 above).
Ms. Kobra Najjar was a victim of domestic
violence who was forced into prostitution by her
husband in order to support his heroine addiction.
He was murdered in 1995 by one of Kobra' s
clients who sympathized with her plight.
Ms. Naj jar has already served eight years in
prison as an accessory to her husband's murder.
The man who murdered her husband also served
eight years in prison and is now free after paving
d/yeh (blood money) and undergoing 100 lashes.
Ms. Naj jar wrote to the Judicial Commission for
Amnesty to ask for her sentence of execution by
stoning to be commuted. However, her appeal for
amnesty has been rejected and she has exhausted
all domestic remedies. It is feared that her
execution by stoning could happen any time.
Ms. Iran Eskandari was sentenced to death by
stoning for adultery, nine years of imprisonment
and seventy-four lashes for aiding murder, hiding
the body, and destroying the evidence. by
Branch 1 of Lali General Court in 2005. In 2006
the Supreme Court confirn ed the death sentence
which is currently being reviewed by the Pardons
Commission. Ms. Malek (Shamameh) Ghorbani
was sentenced to death by stoning for adultery by
Branch 12 of the Criminal Court of
East Azerbaijan Province in 2006. Branch 27 of
the Supreme Court has overniled the verdict
because of irregularities in the investigation
phase. She remains under criminal proceedings.
Ms. Zohreh Kabiri and Ms. Azar Kabiri were
arrested on S Febniar 2007 in connection with
allegations of illegitimate relations other than
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adultery. On 17 March 2007. they were
prosecuted in court, found guilty, and sentenced
to 99 lashes. This sentence was executed.
Thereafter, both women were returned to prison
and another trial took place for the same charges
and they were sentenced to death by stoning on
5 August 2007. Branch 27 of the Supreme Court
confirmed the death sentence in 2007. The file is
now with the Head of the Judiciary. Ms. Ashraf
Kolhari was sentenced to death by stoning for
adultery and fifteen years of imprisonment for
complicity in murder by Branch 1601 of Tehran
General Court. Tn 2003 Branch 2 of the Supreme
Court confirmed the judgment. The Pardons
Commission, however, has returned the file to the
trial court. Ms. Khaeirieh Valania was sentenced
to death by stoning for adultery and eight years of
imprisonment for complicity in murder. Her case
is currently before the Head of the Judiciary.
Ms. Leila Qomi was sentenced to death by
stoning for adultery and fifteen years of
imprisonment for complicity in murder by
Branch 71 of the Criminal Court of Tehran.
B ranch 37 of the Supreme Court confirmed the
judgment in 2007. Mr. Abdollah Farivar —
Moqaddam was arrested on 8 Febniarv 2005 and
charged with committing adultery. He was
convicted and sentenced to death on
21 December 2005 by the Second Branch of the ____________________________________________
110. 3 1/07/08 JUA WGAD: Qulamriza Nejefi. aged 36. Hemid Valai.
FRDX; aged 27, a university graduate of law and an
HRD; associate of the Association of Southern
IJL; Azerbaijani Academics. Vedud Esedi, aged 28, a
TOR geology student at the Open University in Rasht,
forn er Secretary-General of the Islamic Student
Society and Director of the students' publication
“Seher”. Sejjad Radmehr. aged 26, student of
mechanical engineering. Aydin Khajei. aged 23,
Feraz Zehtab. aged 23. both law students and
members of the Islamic Student Society at Tabriz
University, Dariyush Hatemi. aged 29, student,
and Shahrukh Hatemi. aged 27. dentistry student
in Turkey, all of them activists supporting cultural
rights of Iranian Azerbaijanis. The above
mentioned persons have been arrested and
detained without indictment or trial since
5 June 2008 together with other individuals,
whose identities are not et known. They are
being held in incommunicado detention without
access to lawyers and have not been allowed
visits by their relatives. Mr. Qulamriza Nejefi was
arrested at his workplace in Tabriz on 5 June. One
of the charges brought against him relates to a
number of student publications issued under
licence, which had been found during the searches
of his workplace at the time of the arrest. Security
agents, who then searched his home without a
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Mazandaran penal court and the sentence was
confirn ed by Bureau 41 of the Supreme Court on
1 August 2006. The file is currently with the
Pardons Commission.
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court warrant, confiscated his computer, books,
CDs and posters. Mr. Nejefi's family was
unaware of his whereabouts for 15 days when
they learned that he had been transferred to Tabriz
prison, where he is not allowed to receive visits
from his relatives. It is believed that the shutting
down of Mr. Nej efi s shop at the Rasta Bazaar in
Tabriz despite a valid licence was effected by the
Ministry of Information's Office in Tabriz.
Mr. Hemid Valai was detained on 15 June 2008 at
the Ministry of Information's interrogation unit in
Tabriz after he had been summoned there. His
current place of detention is unknown. When
family members inquired about his whereabouts
with Iranian judicial and security authorities they
were threatened not to publicise the case.
Mr. Valai has been active in defending and
researching ethnic rights. His articles have been
published in a host of Azerbaij ani student
publications as well as in the “Dilmaj”. which has
recently been banned by Iranian authorities. At
the intervention of the Ministry of Information he
was barred from membership of the bar of
judiciary lawyers, despite fulfilling all
professional requirements. Mr. Vedud Esedi was —
arrested at his home in Rasht on 22 July 2008 by
four security agents who confiscated his
computer, CDs, books, handwritings, a photo
album, a wedding video tape and a diary. It is
feared that Mr. Esedi has been transferred to
Section 209 of the Evin Prison in Tehran,
however. his family has not been able to establish
his exact whereabouts. It is believed that
Mr. Esedi's arrest is attributed to his wedding
ceremony, where the colour decorations on his
wedding cake coincided with the three colours
contained in the national flag of Azerbaij an and
where folk songs in Azerbaijani Turkic were
sung. Mr. Esedi had been detained by the
Ministry of Inforn ation in Tabriz and Ardebil
before following his participation in the
Ma 2006 demonstrations. He was released after
three months and reportedly ill-treated while in
detention. Mr. Sejjad Radmehr. Mr. Aydin
Khajei. and Mr. Feraz Zehtab were arrested by
securty agents on 17 July at Tabriz University.
All have been taken to a location undisclosed by
the Iranian authorities and did not reveal their
places of detention during one single short phone
call they have been allowed to make to their
families. It is believed that the men were arrested
in connection with Mr. Radmehr' s viva voce of
his master thesis. He was only allowed to defend
his thesis after staging a “sit-in” protest in the
mosque of the University on ii Ma 2008 and a
hunger strike, and following a signature campaign
at Tabriz and Urmi e Universities and the
publication of open letters sent to Iranian
President Mahmoud Ahmadinejad. Mr. Aydin
Khajei and Mr. Feraz Zehtab supported
Mr. Radrnehr during the sit-in protests and had
been banned from the University for one year
before. Mr. Darivush Hatemi and his brother,
Mr. Shahnikh Hatemi. were also arrested by
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security agents on 17 June 2008 at their home in
Tabriz. There is no confirmed information on
their whereabouts and the charges brought against
them are unknown.
iii. 13/08/08 JUA SUMX; Six persons allegedly at risk of execution of death
TOR sentences imposed for offences they committed as
children: Soghra Najafpoor (f). Behnood
Shojaee (m). Mohammad Feda'i (m). Salah
Taseb (m). Sa'eed Jazee (m). and Abu Moslem
Sohrabi (m). Soghra Najaf oor was the subject of
earlier correspondence (AIHRCI7I3IAdd. 1.
para. 109 and para. 120 below), while a previous
communication we sent regarding the case of
Behnood Shojaee (para. 96 above). We would
also like to draw your attention to reports
regarding executions of juvenile offenders which
already took place in Iran during the first half of
this year. Javad Shoja'i and Mohammad
Hassanzadeh were reportedly aged 16 at the time
of their offence. It is possible that also Hasan
Mozaffari and Rahman Shahidi. reportedly
executed on 22 July 2008. were below age 18 at
the time of the rape they were sentenced to death
for. Soghra Najafpour was sentenced to death as
qisas (retribution) on 9 November 1990 for a
killing which took place when she was only
13 years old. She spent most of the following
17 years in prison. On two occasions, when she
was 17 and 21, she was taken to be executed but
the family of the victim changed their minds at
the last minute. On 1 October 2007. Soghra
Naj af our was released on bail of 600 million
Iranian rials. She returned to prison later that
month to comply with a summons which followed
a new demand by the family of the murder victim
for her execution. On 23 October 2007. Soghra
Naj af our' s lawyer petitioned the Office of the
Head of the Judiciary to reinvestigate her case.
After renewed judicial proceedings she was again
found guilty and sentenced to death as qisas. The
guardian of the victim continues to rej ect all
attempts to accept blood money (diyah) instead of
execution. Behnood Shoojaee. now 20. was
convicted by a court in Tehran of murdering
another bo during a street fight when he was
17 years old. The death sentence was confirmed
by the Supreme Court. He was scheduled to be
executed on ii June 2008, but was granted a one
month reprieve on 10 June 2008. On or around
11 July 2008, the Head of Judiciary again
postponed the execution to give the families more
time to negotiate the payment of diyah.
Mohammad Feda' i was found guilty of murder by
Branch 71 of the Tehran Criminal Court on
12 March 2005 and was sentenced to death as
qisas. Reportedly, the judges in his case found
Mohammad Feda'i guilty, but stated in their
written verdict that he had killed in self-defence
and that he had not been adequately represented at
his trial, as his first legal representative was not
an accredited lawyer, and two lawyers hired later
had only submitted one written defence statement
to the court during his trial. The death sentence
against Mohammad Feda'i was upheld by
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Branch 27 of the Supreme Court and confirn ed
by the Head of the Judiciary. Mohammad Feda'i
was due to be executed a first time on
18 April 2007, but the execution was staved on
the basis of the inadequate legal representation
during his trial. A subsequent request to the
Attorney General for a retrial was rejected. and a
new execution date was set for ii June 2008. On
10 June 2008, the Head of Judiciary granted a
one-month reprieve to give Mohammad Feda'i's
family additional time to negotiate with the
victim's family on the payment of diyah. On or
around 11 July 2008, the Head of Judiciary
granted a further one month stay of execution. In
a letter made public on 7 June 2008. Mohammad
Feda'i alleges that, during his detention before
trial, official “beat and flogged him repeatedly
hanged him from the ceiling andI left him with
no hope of living”. As a result of that treatment,
he signed (by way of a fingerprint) a confession
statement. Salah Taseb. from Sanandaj. was
convicted of murder and sentenced to death for a
killing committed when he was aged 15. He
recently turned 18 and was transferred from the
juvenile prison to the adult prison in Sanandaj. —
Sa'eed Jazee was convicted of murder and
sentenced to death for a killing committed in 2003
when he was aged 17. His execution was
scheduled for 25 June 2008 but postponed for a
month. Abu Moslem Sohrabi. was convicted and
sentenced to death by Branch 3 of the Firoozabad
Court in Fars Province for a killing he committed
in December 2001 at the age of 17. The death
sentence was affirn ed by Supreme Court
Branch 33. Reportedly local authorities in Fars
province intend to proceed with the execution
although authorities in Tehran have ordered a
renewed investigation of the case. We have also
received reports concerning two executions of
juvenile offenders which already took place
during the first half of the year 2008: Javad
Shoja'i was executed in Esfahan on
26 Febniarv 2008. He had been sentenced to
death as qisas for a murder committed when he
was 16. Mohammad Has sanzadeh was executed
in Sanandaj prison on 10 June 2008. Reports
indicate that at a press conference on
17 June 2008, a spokesperson for the Judiciary
disputed that he had been under age 18 at the time
of the offence. Mohammad Has sanzadeh' s
lawyer, however, researched his identity papers
and deten ined that on the day of the killing he
was aged 16 years. ii months and 20 days.
Finally. Hasan Mozaffari and Rahman Shahidi. as
well as a third man identified as HR.. were
executed in Bushehr on 22 July 2008. They had
been found guilty of rape. They possibly were
under age 18 at the time of the offence.
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112
18/08/08
JUA
SUMX:
Amir Amrollahi. Reza Hejazi and Kamal.
TOR
three young men allegedly at risk of execution for
offences committed when they were minors. Amir
Amrollahi fatally injured another bo in Shiraz
province during a fight in November 2006. when
he was aged 16. On 6 August 2007, Branch 5 of
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Fars province criminal court sentenced him to
death. The sentence was upheld by Branch 27 of
Supreme Court on ii October 2007. Recently
(beginning of August 2008), the Head of the
Judiciary approved the death sentence and judicial
officials in Shiraz province have been asked to
prepare Amir Amrollahi's execution. Reza Hejazi
fatally injured another bo in Esfahan during a
fight in 2004 (on 28/6/13 82, according to the
Iranian calendar). At the time of the offence he
was aged 15. as he was born on 30/4/1367. On
14 November 2005. he was sentenced to death as
qesas (retribution) by Branch 106 of the Esfahan
General Court. The sentence was approved by
Branch 28 of the Supreme Court on 6 June 2006,
although under Iranian law he should have been
tried in a juvenile court. The case was referred for
mediation between Reza Hej azi and the victim's
family, to try and arrange for the payment of
diyeh. but it would appear that the negotiations
have yielded no result. His execution was
scheduled for this morning (19 August 2008), but
appears to have been postponed. Kamal (further
names not reported), a then 16 years old barber's
assistant in Tehran. killed a man in the course of a —
fight on 10 Apnl 2007. He was found guilty of
murder and sentenced to death by a court in
Tehran on 12 April 2008. The death sentence was
approved by the Supreme Court at the beginning
of August 2008, and the case is now before the
Head of the Judiciary for final approval of the
death sentence.
113. 18/08/08 JAL FRDX; Ya'qub Mehrnehad, a journalist and activist
HRD; working in defense of the cultural and civil rights
IJL; of Baluchi peoples in northern Iran.
SUMX; Mr. Mehrnehad was a civic activist and the
TOR General Secretary of the Youth Association of
Justice Voice in Zahidan. Mr. Ya'qub Mehrnehad
was the subject of a previously transmitted
communication (see para. 102 above). Mr. Ya'qub
Mehrnehad was executed on 4 August 2008 after
his death sentence was approved by the
Prosecutor-General of Iran. Mr. Mehrnehad was
sentenced to death in Febrnary 2008, a fact which
was confirmed at a press conference by a
judiciary spokesman on 19 Febrnary 2008.
Mr. Ya'qub Mehrnehad was arrested in early
May 2007 along with five other members of the
association after they attended a meeting in the
provincial office of Culture and Islamic Guidance.
The five other men were later released. Five
months after his arrest, Mr. Ya'qub Mehrnehad
was allowed visits from his lawyer and his family
who alleged that he had been tortured, had lost
about 15 kg and was unable to keep his balance.
According to the Public and Revolution
Prosecutor's Office in Zahedan, Mr. Mehrnehad
was accused of being a member of Jondallah (also
known as the Iranian Peoples' Resistance
Movement) and considered having aided
Mr. Abdolmalek ifigi, the head of a Baluchi
armed group. Ya'qub Mehrnehad was charged
with Mohareb (enmity with God) and Mofsedfi ‘1
arz (corruption on earth).
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114.
19/08/08
JAL
SUMX:
TOR
Mahdi Han afi, student. Gohardasht, Karaj. On
4 April 2007 around 2 p.m.. he was arrested on
his way to a party and taken by the police to
No. 17 Mehrvilla Police Station. His family was
not inforn ed of his arrest, and he was allegedly
beaten during his detention by a police officer. At
5 p.m.. he was taken to the Prosecutor, who
ordered his release at 7.30 p.m. He was again
taken to the police station, and told that the keys
to his handcuffs and shackles were left there.
After he returned home he reportedly felt dizzy
and went to bed. Mr. Hanafi's family was unable
to rouse him in the morning and he was taken to
the hospital, where the doctor reported that he had
suffered injuries to his brain. After 13 days. he
was transferred to Shahid Madani Hospital. The
doctors there confirmed the diagnosis. Mr. Hanafi
died two months later without regaining
consciousness. The Prosecutor of No. 31 Police
Station came and photographed the body.
However, no further action or investigations were
carried out.
115.
27/08/08
JUA
SUMX:
TOR
Bahman Soleimani. a man allegedly at risk of
execution for an offence committed when he was
a minor. Mr. Bahman Soleimani was born in
198 1. He killed his grandmother. allegedly
unintentionally, 12 years ago when he was 15. He
was initially sentenced to S years imprisonment,
but the victim's family insisted on retribution in
kind and he was sentenced to death as qesas.
Bahrnan Soleimani is detained in Isfahan and his
execution is imminent.
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116.
23/09/08
JUA
WGAD:
EDU;
FRDX;
IJL;
MIG;
TOR
Mehdi Zakerian. a scholar of international
relations and international law, chair of the
International Studies Association of Iran (ISAI).
also known by its French name and acronym
Association iranienne des etudes internationales
(AIEI). an independent body aimed at promoting
the teaching, research and debate on international
relations. He was arrested on or around
15 August 2008. The exact circumstances of his
arrest and the place of detention where he is being
held are not known. His family has been
permitted to meet him only once, on 6 or
7 September. at Branch 12 of the Revolutionary
Court in Tehran under the supervision of court
officials. Since then Dr. Zakerian has not been in
contact with them. It is unclear whether this
meeting was meant as an official courtroom
appearance, since Dr. Zakerian has been accused
of offences relating to national security including
espionage, but has not formally been charged.
During the meeting Dr. Zakerian appeared to be
weak.
117.
22/10/08
JUA
WGAD:
FRDX:
HLTH;
HRD;
TOR
Ms. Negin Sheikholeslami. a human rights
defender and journalist, founder of the Azar Mehr
Women's Social and Cultural Society of
Kurdistan, and associated with the Human Rights
Organization of Kurdistan (HROK). which
reports on human rights violations committed
against ethnic Kurds in Iran. On 4 October 2008,
Ms. Sheikholeslami was arrested in her home in
Tehran allegedly by members of the Iranian
security forces. Her place of detention was not
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revealed to her husband until 9 October 2008. She
is currently being held incommunicado in
Section 209 of Evin Prison. Ms. Sheikholeslami
underwent heart surgery a month before her
arrest, and she is still in need of medical attention.
Apart from recovering from the surgery, she also
suffers from respiratory problems.
118.
Follow-up
to earlier
cases
Sayed Hossein Kazemeyni Boroujerdi
(A/HRCI7I3IAdd. 1. paras. 87 and 105)
By letter dated 14/02/08, the Government
informed that the Special Court for the Clergy
investigated the case and, on the basis of the
existing evidence and repetition of offences,
sentenced him to ten years of imprisonment.
An allegation that he has been sentenced to
death is a distortion of reality and is
categorically denied. In the Islamic Republic
of Iran no one is put to trial because of his/her
belief, and as it was described above,
Mr. Kazemeini's trial was in accordance with
the law and merely in relation with his illegal
and violent activities. The allegation of his
activities in supporting freedom of religion and
separation between religion and politics is
nothing but an instniment to cover his
ill-intended activities, and to deceive
international human rights bodies. He also
enjoyed all his legal rights before the court of
justice.
119.
Ronak Safazadeh (A/HRC/7/3/Add. 1. para. 108)
By letter dated 13/02/08, the Government
infonned that presently, there are tens of
women NGOs with different beliefs and social
inclinations, who have played constnictive
roles in fulfillment of women's rights. It is
regrettable that some social groups, ignoring
the delicacies of social works. by employing
dishonest elements, have entered into illegal
activities, e.g. being in contact with terrorist
groups. Ms. Ronak Safazadeh is an example of
someone who used the umbrella of the right of
social liberties in Iran for achieving her
extremist inclinations. On the basis of
investigations, she was arrested on charges of
organizational relation with the terrorist group
of PEJAK: membership in the group:
participation in the PEJAK military training
course; complicity in the explosion of
Sanandaj city basij exhibition of cultural
products; connection with elements
engineering bomb explosions in cities; and
provision of explosives for terrorist activities.
She is still under arrest and her case is under
investigation. She enj ovs the right of access to
lawyer in the court ofjustice. Her detention
has no relation whatsoever with her social or
alleged women's rights activities. Any
allegations of maltreatment or lack of proper
attention to her physical or psychological
integrity are baseless and merely fabricated for
ill-intended aims.
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120.
Soghra
Najafpoor (AIHRCI7I3IAdd. 1.
By letter dated 12/02/08, the Government
para.
109)
infon ed that the penalty for premeditated
murder has two aspects: private and public.
Since the first one relates to the denial of the
rights of the guardians of the murder victim, it
is given priority and is of higher importance.
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In the judicial system of Muslim countries.
including Iran. Qesas (lex talionis. or
retribution in kind) is the verdict for
premeditated murder. For that purpose.
enforcement of Qesas depends upon the
request by guardians of the murder victim, and
the Government is solely mandated to carry
out the verdict on behalf of the former. The
second aspect is the responsibility of the
Government for establishing and protecting
security. To realize this responsibility, the
lawmaker has anticipated 5-15 / ears
imprisonment. In case the guardians of the
murder victim claim Qesas through payment of
Diyeh (blood money) to guardians of the
murder victim by the convicted party).
imprisonment shall be imposed. Sentences of
Qesas are not open to pardon or amnesty by
the State, in the absence of consent from the
guardians of the murder victim. Meanwhile.
the Government strives to apply mechanisms.
such as the provision of financial assistance to
the guardians, which might result in receiving
the required consent from them. Ms. Soghra
Najaf our was sued on the basis of a complaint —
filed by the guardians of the murder victim on
charges of premeditated murder. Following
judicial procedures and investigations in the
presence of her lawyer, the court of first
instance ascertained her guilt and sentence her
to Qesas, through verdict No. 1122 dated
9 November 1990. Pursuant to appeal by the
convict and her lawyer. Branch 27 of the State
Supreme Court confirn ed the earlier verdict.
With due regard to the insistence of guardians
of the murder victim for carrying out the
verdict, the state judicial system has been
trying to resolve the dispute through
conciliation. Therefore the case is in the
conciliation procedure and enforcement of
death penalty is not in the programme of work.
Although there have been a few cases of
murder under the age of 18, the pertinent
authorities have been exerting utmost effort to
decrease the number of executions of these
verdicts, with the hope of ultimate conciliation .
By letter dated 14/02/08, the Government
infon ed that the penalty for premeditated
murder has two aspects: private and public.
Since the first one relates to the denial of the
rights of the guardians of the murder victim, it
is given priority and is of higher importance.
In the judicial system of Muslim countries,
including Iran, Qesas (lex talionis, or
retribution in kind) is the verdict for
premeditated murder. For that purpose,
enforcement of Qesas depends upon the
request by guardians of the murder victim, and
the Government is solely mandated to carry
out the verdict on behalf of the former. The
second aspect is the responsibility of the
Government for establishing and protecting
security. To realize f this responsibility, the
lawmaker has anticipated 5-15 years
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121.
Behnam Zare (A/HRC/7/3/Add.1, para. 107)
Para.
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iniprisonrnent. In case the guardians of the
niurder victini claim Qesas through payment of
Diyeh (blood money) to guardians of the
murder victim by the convicted party).
imprisonment shall be imposed. Sentences of
Qesas are not open to pardon or amnesty by
the State, in the absence of consent from the
guardians of the murder victim. Meanwhile.
the Government strives to apply mechanisms.
such as the provision of financial assistance to
the guardians, which might result in receiving
the required consent from them. Mr. Javad
Zare ‘I, known as Behnam Zare, according to
existing information, was 16 years old at the
time of perpetrating the crime (21/04/05).
which led to his arrest on 23/04/05. He
confessed to committing the murder and, on
that basis, the penal court of the Fars Province
sentenced him to Qesas, through verdict of
23 June 2005. Pursuant to a request for appeal
from the convict and her lawyer, Branch 33 of
the State Supreme Court confirmed the earlier
verdict on 14 Ma 2006. Then the guardians of
the murder victim requested the execution of
the verdict. But the judicial system, on the —
basis of human considerations, has fed the case
into a conciliation process and is seriously
purusing the case with the hope of reaching a
final settlement. Therefore, carrying out the
penalty is not in the programme of work.
Although there have been a few cases of
murder under the age of 18, the pertinent
By letter dated 19/02/08, the Government
infon ed that he was sued and charged with
membership in the terrorist group of
MKO-NCRT: distributing propaganda for the
group: disturbing public order: and obtaining
illegitimate nionev. Pursuant to the exhaustion
of legal remedies, the Tehran Court of
Revolution, taking into account the highest
level of Islamic affection, sentenced him to
one year's imprisonment, including the period
of detentiont, through verdict No. 3975/86/13
dated 4/11/07. Consequently, he was released
on 19/i 1/07. As stated, his arrest had no
relation whatsoever with his participation in a
student gathering (1 8Tir), and only the
above-mentioned charges led to his arrest.
Other allegations of his solitary confinement.
being ill-treated, handcuffed and blind-folded
and lack of access to medical treatment are
fabricated and lies. Iran has been a major
victim of terrorism in the world, and it is
regrettable that terrorist groups such as
MKO-NCRI, a fascist-oriented terrorist cult,
are still hosted by some countries opposing
Iran. Thousands of Iranians, including
high-ranking authorities such as
President Raj a'ei, Prime Minister Bahonar,
Martyred Beheshti, Head of the Judiciary, and
122.
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authorities have been exerting utmost effort to
decrease the number of executions of these
verdicts, with the hope of ultimate conciliation.
Keyvan Raflee (A/HRC/7/3/Add. 1, para. 96)
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72 parliamentarians, as well as people from
different walks of life, have been assassinated
by the mentioned terrorist group.
123.
Israel
04/12/08
JUA
WGAD;
IJL;
OPT;
TOR
Rami Ibrahim Mohammed Samarah was
arrested without a warrant by a member of the
Israeli national security forces on 28 June 2007 at
Zatarah checkpoint. He has been ordered to
remain in detention for security reasons for
36 months and is currently held at Naqib and
Majido prisons, between which he is regularly
transferred back and forth. The authority ordering
the detention has not been reported, and the legal
basis for the detention is not known. Mr. Samarah
has a lawyer, however, up to date no charges have
been brought against him. During the
investigation, Mr. Samarah was allegedly
severely beaten. It is alleged that he is being
detained in poor conditions. Before his arrest, his
house was searched by Israeli soldiers who are
said to have destroyed parts of the interior and his
personal computer. In view of allegations of
ill-treatment, concerns are expressed as regards
Mr. Samarah's physical and mental integrity.
124.
Follow-up
to earlier
cases
Z. Z. I. A. D. (E/CN.4/2006/6/Add. 1, para. 124)
By letter dated 20/03/07, the Government
informed that on 15 May 2006, the Militiary
Advocate General ordered the Criminal
Investigations Division (CID) of the Militiary
Police to investigate Z. Z. I. A. D 's case. As
part of the investigation, CID made several
phone calls to his home, but were unable to
establish contact with him directly. The phone
was always answered by family members, who
replied that he was not at home, but they
would pass along the message that he was
asked to contact CID. Nevertheless, he never
called the Miltarv Police. At one point, CID
contacted the assistant of the Governor of
Rarnallah. who said that he was familiar with
the complaint, and that he would contact
Z. I. A. D. ‘s cousin to pass along the message
that, if the family was still interested in
investigating the case, they should contact
CID. Otherwise, the assistant to the Governor
said, that the complaint could be considered
cancelled. Despite the lack of cooperation by
Z. Z. I. A. D. and his family. CID has
attempted to track the identity of the soldiers
who arrested him. According to the records, he
was brought to the Etzion Detention Centre on
17 August 2004. Unfortunately, CID were
unable to ascertain the identities of the
arresting soldiers since there is no file on his
arrest, as the Centre only holds files of
detainees arrested after November 2004.
Nonetheless, the Centre does keep past copies
of all detainee medical records, which had the
results of Z. Z. I. A. D's physical examination
upon his admission into the Centre. According
to these records, he was healthy upon
admission, and there were no medical grounds
prohibiting his stay at the Centre. In light of
the above facts, it was decided that the
investigation into his case be closed.
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Sami Ben Khemais Essid (hereafter. Mr. Essid),
a Tunisian citizen, who was reportedly deported
from Italy to Tunisia on 3 June 2008 and is being
held in Mornaguia prison outside the capital city
of Tunis. Mr. Essid had been scheduled to appear
in a Milan courtroom on 3 June 2008 for a
preliminary hearing on terrorism charges, but an
expulsion order was issued on 31 May 2008 under
the expedited procedure created by Law 155 of
3 1 July 2005. This law denies the right of
suspensive appeal to those persons subject to
removal on national security grounds. Having
been convicted in Febniarv 2002 of membership
in a terrorist organization and sentenced to
six-and-a-half years in prison. Mr. Essid was
indicted on new terrorism charges in 2005. He
was remanded into pre-trial detention in June
2007 on the eve of his scheduled release from
prison. It is reported that Mr. Essid had been held
the maximum aniount of time pennitted in pre-
trial detention for the charges against him and
would have had to be released. However.
according to our understanding. Italian law
provides for the following alternatives to removal
where such removal would violate international
law: 1) compulsory residence (obbligo di
soggiorno) and 2) special police supervision.
Such nieasures could have potentially been
pursued, especially in light of the ongoing
criminal prosecution against Mr. Essid. The
European Court of Human Rights (ECHR)
communicated a request for interim measures in
By letter dated 28/08/08, the Government
inforn ed that Mr. Essid Sami Ben Khemais
was indicted as a member of a terrorist cell,
active in Milan and in Lombardy, between the
end of the 1990s and 2001. He was sentenced,
by the Milan Tribunal, to a six year and six
month prison tenm on the ground of his
membership in a criminal organization aiming
at terrorist activities. The pre-trial detention
warrant was issued by the preliminary
investigation magistrate (GIP) of Milan
Tribunal. While Mr. Essid was serving his
tenm additional offences presumably
committed by him came to light based on the
testimony of another member of the same
criminal cell. For these other offences, the GIP
at the Milan Tribunal issued, in June 2007,
additional detention warrants, affecting
Mr. Essid and other individuals within the
framework of the investigation
“4457/06-No. 179/07”. Since the time limit of
the above pre-trial detention warrant was
expiring and, thus, Mr. Essid was about to be
freed, the Ministry of Justice issued an
expulsion order on the basis of Art. 13 of
Legislative Decree No.286/98 and Art. 3 of
Act No. 155/2005 concerning the legislation on
international terrorism, justified by the risk
that Mr. Essid, once released, might be able to
facilitate terrorist activities within the Italian
territory. Meanwhile, the Police's Immigration
Unit in Milan requested the Tribunal in Milan
125. Italy
20/06/08
JAL
TERR;
TOR
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respect of Mr. Essid in March 2007, after he had
alleged that his expulsion to Tunisia would
expose him to treatment in violation of article 3 of
the ECHR.
to issue an authorization (nulla osta) to
proceed with the expulsion. In this regard, it
must be recalled that such authorization may
be denied on “the sole proceeding ground
when there is the need to ascertain the liability
of other members of the relevant criminal
organization or of those defendants whose trial
has been initiated”. Since this was not the case
with Mr. Essid, the GIP at the Milan Tribunal
released the requested authorization (nulla
osta), on 1 June 2008. His repatriation took
place on 3 June 2008.
The expulsion order was in full compliance
with Italian legislation and international
agreements, after having received the
authorization (nulla osta) of the Italian
magistrate and establishing contact with the
Tunisian authorities. The Tunisian Minister of
Justice recently affirmed publicly that
Mr. Essid was allowed to contact his defence
counsel and that he would be tried publicly and
fairly. With regard to other similar situations,
and in accordance with Art. 13, para. 1, of
Legislative Decree No.286/98 and Art. 3 of
Act No.155 /O S, similar measures have been
adopted by the Minister of Interior in relation
to other Tunisian citizens. Nevertheless the
relevant measures have not been executed yet,
further to interim measures by the European
Court of Human Rights.
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a
Nurlan Ospanovitch Alimbekov, a philosopher
from South Kazakhstan. On 16 August 2007. he
was arrested at his parent's house in Baldvberek
village. Tole-Biraion. South Kazakhstan Oblast.
Officers of the Shvmkent Committee for National
Security (KNB) Pre-trial detention centre beat
him on his head, neck and body in order to force
him to confess to the crime of “using the media to
promote national and religious hatred and
dissent”. As a result. Mr. Alimbekov lost three
teeth and suffered a broken rib. The Prosecutor
recently ordered Mr. Alimbekov to be transferred
Italian authorities, particularly the Embassy in
Tunis. are carefully and forn allv following the
situation. During a meeting in Tunis on
24 July 2008, the Tunisian authorities stated
that the detainee concerned has been allowed
to meet his family (five times), his defense
counsel (four times) and some physicians.
Tunisian authorities have committed
themselves to providing relevant
documentation/infonnation and to pursuing the
dialogue with all relevant interested parties.
Within the EU framework. Italy reiterated its
finn commitment to the prohibition of torture,
the necessity to respect human rights.
refugee law and international humanitarian
law while countering terrorism, as highlighted
in the EU Council Conclusions of
11 December 2006.
By letter dated 12/02/08, the Government
informed that on 16 August 2007, in the
village of Baldybrek. Tole Bi district, South
Kazakhstan Province, officers of the local
National Security Committee Department
arrested Nurslan Ospanovich Alimbekov. In
June 2007, OS. Turekeshev, the director of a
branch of the American organization Jnterlink
Resources, Inc., Development Center,
submitted a written statement to the National
Security Committee Department for South
Kazakhstan province to the effect that
messages inciting etimic and religious hatred
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126. Kazakhstan
07/01/08
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from pre-trial detention to forced treatment at a
closed psychiatric institution. It is alleged that his
psychiatric examination was flawed.
had been sent to the organization's e-mail
address by a fon er student of its English
language courses. NO. Alimbekov;
23 messages were attached to the statement.
The additional inquiries carried out provided
objective corroboration of the facts alleged in
the statenient. It was established that, from
Ma to July 2007, several messages had been
sent by Alimbekov. via the Garant Internet
club in Shymkent, from his own e-mail
address, to the mailboxes of 16 legal and
natural persons, including Interlink Resources.
Inc.. and the company PetroKazakhstan Oil
Products. With the approval of the Procurator,
these messages were removed from
Alimbekov's e-mail account and it was
arranged for them to undergo a forensic
psychological and philological analysis.
According to the expert finding of the South
Kazakhstan Regional Scientific and Practical
Laboratory of the Ministry of Justice's Centre
for Forensic Analysis (No. 2009 of
29 June 2007), the materials submitted for
examination contained incitement to etimic
and religious hatred and division. On
16 August 2007, the investigation office of the
National Security Committee Department for
South Kazakhstan Province instituted criminal
proceedings. On 18 August 2007. with the
participation of defence counsel M. Bektasov.
charges were brought and, with the approval of
the Procurator, it was decided to place the
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accused in pretrial detention. Although
National Security Committee Department
officers A. Omarov. K. Sairambaev and
S. Mombekov announced themselves and
showed their official identification. Alimbekov
actively resisted arrest and was taken to the
Department's premises by force. According to
the findings of the provincial forensic medical
office (Nos. 3483 and 3484 of
27 August 2007), officers A. Omarov and
K. Sairambaev had sustained bniising and
contusions. The detainee too was found to
have bniises. one each on his upper lip and
neck and three on his back (finding No. 3488
of 27 August 2007). Given the detainee's
inappropriate behaviour during the pretrial
investigation, and in order to ensure that the
investigation was complete and objective, on
20 August 2007 it was arranged for him to
undergo an outpatient forensic psychiatric
evaluation. Alimbekov was found to have
signs of “paranoid syndrome” (finding No. 547
of the psycho-neurological clinic of the
Department of Health for South Kazakhstan
province of 27 August 2007). To allow him to —
be examined by a medical commission, it was
recommended that he should be admitted to
the National Scientific and Practical Centre for
Psychiatry, Psychotherapy and Narcology in
Almat for inpatient evaluation. With a view
to studying Alimbekov' s personality,
testimonials were obtained from his former
employers. According to his forn er
colleagues, Alimbekov did not enjoy the
respect of other staff members and was
argumentative and arrogant. He did not
maintain close relations with his colleagues.
nor did he participate in the life of the
workplace. He was dismissed on account of
complaints from students about his poor
teaching and regular absences. In addition,
Alimbekov's fellow students on the Jnterlink
Resources. Inc.. courses, who were
interviewed as witnesses in the case,
confirn ed that his behaviour during classes
had been inappropriate and aggressive and that
he had insulted them. In response to an appeal
filed by defence counsel M. Bektasov on
27 August 2007 requesting the modification of
the preventive measure taken in respect of
Alimbekov. the criminal case was referred to
the Enbek District Court. After considering the
request, the court left the preventive measure -
pretrial detention - unchanged. This decision
was in turn upheld by the South Kazakhstan
Provincial Court on 6 September 2007. On
13 September 2007, it was decided that
Alimbekov should undergo an inpatient
forensic psychiatric evaluation, to be carried
out at the National Scientific and Practical
Centre for Psychiatry, Psychotherapy and
Narcology in Almaty. The evaluation (No. 283
of 28 October 2007) confirmed the signs of
“paranoid syndrome” previously identified in
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Alimbekov. It was noted that the stnicture and
duration of this disorder made it impossible to
assess his mental state at the tinie of the acts
charged. The Centre's specialists
recommended the application of coercive
measures of a medical character, specifically
treatment in a special psychiatric hospital
under intensive observation. On
18 October 2007, defence counsel
M. Bektasov lodged a complaint with the
Sh mkent garrison's military prosecutor
alleging assault and battery and use of physical
force by officers of the National Security
Committee Department for South Kazakhstan
province against his client. Following an
investigation conducted by the Military
Investigation Department of the Ministry of
Internal Affairs for Sh mkent garrison, it was
decided not to institute criniinal proceedings
against A. Omarov. K. Sairambaev and
T. Mombekov on the grounds of lack of
evidence that a crime had been committed. On
21 November 2007, pursuant to a decision of
the First Deputy Procurator for
South Kazakhstan province, B .T. Esenbekov, —
the preventive measure of pretrial detention
applied in respect of Alimbekov was
rescinded, and the safety measure provided for
under article 507, section 2, paragraph 2, of the
Code of Criminal Procedure of the Republic of
Kazakhstan (confinement in a special medical
institution providing psychiatric care) was
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applied. On 7 December 2007, the materials
relating to the criminal case were referred to
the Al-Farabi District Court in Shymkent. so
that the issue of Alimbekov's confinement in a
special medical institution providing
psychiatric care could be resolved. On
17 January 2008, pursuant to a decision of the
judicial authorities. Alimbekov was transferred
to a medical institution in the settlement of
Aktas, Talgar district. Almaty province. A
final decision as to Alirnbekov's guilt or
innocence will be made by a court once the
coercive measures of a medical character have
been applied and the conclusions of the
inpatient forensic psychiatric evaluation have
been received. The materials relating to
criminal case No. 075100004100050 have
been sent to the Al-Farabi District Court in
Shymkent.
127.
15/02/08
AL
TOR
Alexander Pavlovitch Gerasimov. a 38-year-old
constniction worker. Kostanay. On
27 March 2007, he was arrested and taken to the
Yuzhn Otdel Southern Branchi of Kostana
Department of Internal Affairs. His arrest was not
entered into the police log until the next morning.
March 28, 2007. Mr. Gerasimov was questioned
by five unidentified police officers in an office of
the police station on suspicion of having
murdered his neighbour. The police demanded
that Mr. Gerasimov confess to the woman's
murder, and when he refused to do so, the police
put him in the corner of the office and punched
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him near his kidneys several times. He was also
threatened with rape. The police tied his hands
behind his back and put him on the floor with his
face down. All five police interrogators got on top
of Mr. Gerasimov. and one of them put a plastic
bag on his head from behind and started
strangling him. Periodically, he lost
consciousness. Each time he regained
consciousness, the abuse would start again. His
nose and ears bled. After approximately one hour,
Mr. Gerasimov lost consciousness again and does
not remember anything else. He was told by his
interrogators that his two stepsons. who were in
the neighbouring offices, were also tortured. In
addition to Mr. Gerasimov. his stepsons also filed
allegations of torture but withdrew them later,
saying they had made them up to take revenge
against the police for illegally detaining them. On
28 March, Mr. Gerasimov's stepsons were
released, and his interrogation continued. The
investigator did not beat him, but told him that his
wife and stepsons had testified against him in
writing. Mr. Gerasimov did not confess to
anything and was released without charges that
same da around 6 p.m. Immediately after he —
returned home. he was taken to hospital in an
ambulance. At the hospital, the doctors noted
multiple contusions, a concussion of medium
gravity and injuries to the right kidney and
adrenal gland. Between 28 March and 10 April.
he received treatment in the hospital for his
injuries. /Vhile in the hospital, several complaints
were filed with Kostanav Central Department of
Internal Affairs and the prosecutor's office about
the alleged acts of torture. Around the same time
he received calls on his cell phone asking him to
withdraw his complaints or face “problems”.
Further, during his stay in the hospital,
Mr. Gerasimov was visited by unknown persons
in plain clothes who asked him how he was
feeling, and who spoke to his doctors. After his
discharge he continued to experience headaches
and did not feel well. A forensic examination
conducted on 23 April concluded that
Mr. Gerasimov's injuries were of light severity
and stated nothing about whether his injuries were
consistent with his allegations. On 14 May.
Mr. Gerasimov received a reply from the
Yuzhnv Otdel of Kostanav Department of Internal
Affairs stating that no substantial grounds were
found for initiating criminal proceedings based on
his complaint. After intervention by a
non-governmental organization, the prosecutor's
office in Kostanav ordered that the inquiry into
Mr. Gerasimov's complaint be re-opened in late
spring. On 30 Jul/ the case was referred to the
Financial Police of Kostana/ which deals with
crimes relating to abuse of authority. In August.
he was referred to a psychiatric hospital for
additional treatment. There, he was diagnosed and
treated for post-traumatic stress disorder (PTSD)
from 2 August to 3 September, and continues to
take medication. He still experiences headaches
and his PTSD complications (flashbacks, panic
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attacks, low self-esteem, phobias) affect his
non al ability to work and function. A
psychologist's report of 7 August noted that
Mr. Gerasimov complained of dizziness, frequent
headaches, hand tremors, sleeping problems, and
a feeling of uncontrolled fear. On 5 September.
the preliminary inquiry by the Financial Police
was concluded without any further investigations.
After Mr. Gerasimov's lawyer filed a motion with
the Prosecutor's office on 12 September, it again
ordered that the investigation be re-opened. The
case is currently again before the Financial Police .
Ms. Tatiana Aleksandrovna Krainova, aged 37,
and her sister, Ms. Olga Aleksandrovna
Koroleva, aged 38. Tatiana Krainova was ordered
to report to the Committee for National Security
(KNB) in Almat on 29 September 2007 and has
not been seen since then. On 2 November 2007
Olga Koroleva was also invited to the Committee
for National Security and has not been seen since.
On 10 December 2007, the family was orally
notified that charges had been brought against the
two women on 3 December 2007, however,
without speci ing to which offenses they related.
Both women have been held in isolation at the
KNB detention centre in Astana ever since and
have not been allowed to meet with lawyers or
receive any visits. Jnfon all/ family members
residing outside Kazakhstan were infon ed that
the two women would not be released until their
father, Aleksandr Albertovich Krainov, currently
residing in Vieima, Austria, and wanted by the
By letter dated 08/06/08, the Government
infon ed that Ms. T. Krainova and
Ms. O.A. Koroleva were prosecuted for
illegally gathering infornrntion that constituted
State secrets and for the serious consequences
of their actions. On 25 March 2008, the
military tribunal of Aqmola garrison found
Ms. Krainova, Ms. Koroleva and others guilty
of offences contrary to article 172,
paragraph 4. of the Criminal Code of
Kazakhstan. All of the guilty parties were
sentenced to deprivation of liberty for a period
of two years and six months. The sentence was
appealed. At present, the question of whether
the case should be referred to the criminal
division of the anned forces military tribunal is
being decided. During the pretrial
investigation, Ms. Krainova and Ms. Koroleva
were required to sign, as a preventive measure,
an undertaking not to leave the area and a
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128.
10/04/08
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KNB. returns to Kazakhstan. In view of the
incommunicado detention of Tatiana Krainova
and Olgo Koroleva, concern for their physical and
mental integrity is expressed.
pledge of good behaviour, in accordance with
article 144 of the Code of Criminal Procedure.
Ms. Krainova and Ms. Koroleva were granted
the right to defence counsel. The
aforementioned persons did not submit any
complaints concerning unlawful actions on the
part of the members of the investigative group
of the Committee for National Security in
connection with restrictions on their freedom
of movement, nor did they make any
complaints about their state of health. All
defendants were guaranteed the participation
of defence counsel at all stages of the
proceedings. Owing to the fact that the
investigation involved State secrets, the
criminal proceedings were held in camera.
However, the rights of all the parties to the
proceedings were observed.
129.
Kenya
2 1/08/08
JAL
IJL:
TERR;
TOR
Mohammed Abdulmalik. aged 35. currently
detained at the United States of America naval
base of Guantanamo Bay (Cuba). On
13 Febniary 2007, Mr. Abdulmalik was
apprehended by the Anti-Terrorism Police Unit in
a café in Mombasa. detained and held
incommunicado in the Kilindini Port and Urban
Police Stations before being transferred to Hardy,
Ongata and Spring Valley Police Stations in
Nairobi. He was held on suspicion of having been
involved in the Paradise Hotel attack and the
attempted attack on an Israeli Arkia Airlines plane
in Mombasa in 2002. Mr. Abdulmalik was not
charged with any offence, was denied the right to
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challenge his detention, to have access to a lawyer
and to his family members, and was not brought
before ajudge. On 26 March 2007, it was
aimounced by the United States Government that
Mr. Abdulmalik was transferred to Guantanamo
Bay. It is reported that no judicial proceedings
were held in relation to the transfer of
Mr. Abdulmalik from Ken an to US custody.
129. Kuwait 16/07/08 AL TOR Adel Aqel Salem Al-Dhafeery, aged 27, resident
at Al-Jahra, Al-Ouyoun. Block N° 4, Avenue 19,
N° 17. Mr. Al-Dhafeerv was arrested on
22 Ma 2008 around 17:OOh in the region of
Al-Jahra when he was heading towards his home.
His vehicle was violently stopped by a black
police car. Numerous armed policemen wearing
masks forced him to leave his car, hit him.
blindfolded him and tied his hands and feet. They
then took him to the premises of the State
Security Service and placed him in a single cell.
On that evening, he was interrogated, still
blind-folded and with his hands and feet tied. He
was also beaten in his cell during the night. When
he was interrogated on the next evening, ice-cold
water was shed over his body. He was again
beaten on the soles of his feet. When his feet —
swelled, the State Security agents forced him to
nm in a long corridor, still blind-folded and with
his hands and feet tied, until he was so exhausted
that he was unable to nm. One of the officers then
ordered him to stay where he was, and to keep
moving his legs. As soon as the movements
slowed down, the officer beat Mr. Al-Dhafeery all
over his body. He was also forced to stand for
several hours. On the morning of 24 May 2008,
the interrogation sessions were allegedly
accompanied by threats that he would “disappear
without anybody being informed” or to “mold in
the central prison for years without any due
process and without an bod knowing”. While
the threats and insults continued for several hours.
he was placed in an ice-cold room. On the same
da at around 19: OOh, Mr. Al-Dhafeery was
presented to the Prosecutor General, who
interrogated him. When Mr. Al-Dhafeerv
complained about the treatment he had been
subjected to and showed him the traces, the
prosecutor refused to register a complaint and to
take these allegations into account. In spite of an
explicit request by the victim, he also refused to
order a medical check-up and prolonged the
detention authorization for a 15-day period. When
this period came to an end, Mr. Al-Dhafeerv was
released on bail. Following his release,
Mr. Al-Dhafeerv insisted that a medical certificate
be issued to assess the traces of the ill-treatment
that were still visible. He also received an
attestation on a forn of the General Directorate
on Investigations of the Ministry of Interior,
called Preliminary Medical Report N° 7672729 of
the Surgerv Al-Jahoud Hospital, with the
hand-written reference 6/40 and an illegible
signature. The report is dated 22/06/1448
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(corresponding to 26 June 2008) and states that
Mr. Al-Dhafeerv had acquired hematomas on his
right foot and knee following an accident.
131. Kyrgyzstan 24/01/08 JAL FRDX; Maksim Kuleshov, head of the “Mir-svet
HRD; kultury” Association. On 16 January 2008, he
TOR stood alone in front of the Mayor's Office and
Bishkek City Council and held a up a sign
referring to the mayor of Bishkek, which stated
“Dusik. ou are not right!” Police officers
arrested Mr. Kuleshov and transferred him to
Police Station No. 9. Witnesses reported seeing
three policemen beat Mr. Kuleshov. One officer
hit him twice in the abdomen, and the others beat
him on his head and feet. The policemen also took
Mr. Kuleshov' s personal belongings, including
his clothes and mobile phone. Mr. Kuleshov had
requested a lawyer at the police station but his
request was rejected. as was a request to see a
doctor while he was in detention. Later
Mr. Kuleshov appeared before the Leninsky
Rayon Court. where a lawyer assigned to him
stated that the charges against him were based on
explanatory notes without signatures and names.
The charges were in Kyrgyz. which
Mr. Kuleshov. an etirnic-Russian. does not speak. —
and no interpreter was present . ___________________________________________________
FL
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Ms. 0. K. A., aged 49, widowed, self-employed
market-woman. Ms. A. has been recognized as
certifiably insane by government authorities. On
18 Febniary 2008, she went to the local authority
(akimiat) in Kerben. in order to lodge a complaint
because the electricity supply to her home had
been cut. The representative refused to take her
complaint arguing that she complained for no
apparent reason, called her “crazy” and threatened
to call the militia, but nevertheless asked her to
report back on 20 Febniarv. When Ms. A. did so,
she was arrested by three members of the militia.
The three men violently dragged her into a car,
which caused her pain in her shoulders and
annpits. and transferred her to the police station
in Kerben. At the police station, an investigator
threatened that she would be detained for many
years if she did not sign a number of documents.
Ms. A. signed 5 or 6 documents written in
Russian, which she hardly understands since she
is ethnic Kyrgyz and has difficulty reading and
writing. Afterwards, Ms. A. was detained in a cell
at the police station and raped by two police
officers on guard during that night. One of the
officers beat her, forced her onto the bed,
removed her pants and tights and raped her. Later,
another police officer entered the cell and also
raped her. The two officers beat Ms. A. again, hit
her head against a wall and told her not to talk to
anyone about the incident. She lost consciousness
several times. The officers drenched her with cold
water from a plastic bottle. Ms. A. attempted to
By letter dated 04/08/08, the Government
indicated that on 20 Febniary 2008, Ms. K. 0.
filed a complaint against Ms. 0. A. with the
Aksyisky district internal affairs office,
accusing her of hooliganism committed against
the complainant and her sister, Ms. N. M. The
investigation found that there were grounds for
the complaint. On 20 Febniarv 2008, the
internal affairs office's investigation service
instituted criminal proceedings dealing with
hooliganism. On the same day, Ms. A. was
arrested for the acts in question, and taken into
police custody at the Aksyisky district internal
affairs office. On 22 Febniarv 2008, Ms. A., in
the presence of a counsel and of a human
rights defender Ms. S. V., was charged with
the offence, and the Aksyisky district court
issued a pretrial restraining order authorizing
her detention. On 25 Febniarv 2008, the
investigator called for a psychiatric report to
be done, on an inpatient basis, to determine
whether Ms. A. was fit to stand trial. (In 2002,
Ms. A. had previously been convicted for acts
of hooliganism and had undergone compulsory
treatment at a psychiatric hospital). On
14 March 2008, experts at the national
psychiatric hospital in the settlement of
Kyzyi-Zhar- 12 issued finding No. ii,
according to which Ms. A. was suffering from
a psychological disorder, “epileptic dementia”,
and was thus incapable of understanding and
controlling her actions. She was found to be
132.
23/04/08
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commit suicide with 20 tablets of Carbamazepine.
an anticonvulsant and mood stabilising dnig used
primarily in the treatment of epilepsy and bipolar
disorder. She was unconscious when she was
admitted to a hospital in Kerben. and regained
consciousness two days later on 22 Febniarv. At
the hospital she was handcuffed to her bed and
guarded by policemen, making it impossible for
her to go to the bathroom, which caused her much
distress because of her cvstitis. One of the police
guards threatened her again not to report the rape.
On 22 Febniarv. she was summoned to the city
court of Kerben on charges of hooliganism. and
the presiding judge did not ask any questions or
listen to her complaints. After the trial she was
returned to the hospital. On 25 Febniarv. she filed
a complaint with the Deputy Prosecutor of
Kerben. who came to the hospital following the
intervention of a human rights defender. Ms. A.
remained at the hospital until 26 Febniarv when
she was transferred to the Legal Examination Unit
of the National Psychiatric Hospital in Kyzylzhar.
escorted by three guards, one of whom had raped
her at the police station. Ms. A. currently remains
in custody at the National Psychiatric Hospital.
On 17 March, a lawyer acting on her behalf
contacted the Deputy Prosecutor in Kerben, but
has not been granted a meeting. A complaint was
submitted to the Prosecutor's Generals Office in
Bishkek on 25 March.
unfit to plead her case, and it was
recommended that she undergo compulsory
treatment at a psychiatric hospital and be kept
under routine observation. On 27 March 2008,
following the investigation, the criminal case
was referred to the Aksyisky district court with
a view to the application of compulsory
medical measures. The court issued a decision
finding Ms. A. guilty of the offence in
question, and the criminal case against her was
closed. She was sent to the psychiatric hospital
in the settlement of Kyzyl-Zhar for
compulsory treatment, with routine
observation.
As for the question of measures taken against
the staff of the Aksyisky district internal
affairs office, on 23 Febniary 2008 the head of
the human rights NGO filed a complaint
alleging that Ms. A. had been raped on the
night of 21 Febniarv 2008 while in custody at
the Aksyisky district internal affairs office.
The case in question was investigated by the
Aksyisky district deputy procurator, Mr. E. M.,
who on 25 Febniarv 2008 ordered a forensic
medical examination to be carried out. On
26 Febniary 2008, Ms. A., in the presence of
the human rights defender, Ms. V., was unable
to identify from among the staff of the
Aksyisky district internal affairs office the
persons who had allegedly raped her on the
night of2i Febniary 2008. The forensic
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medical report concluded that Ms. A. had
sustained minor facial injuries in the forn of
superficial scratches, with no short-tern health
effects, and which might have been caused by
an impact with a wall or the corner of a bed, or
possibly by a fall. No signs of sexual assault
were found. In the light of the findings, the
district procurator's office decided not to
institute criminal proceedings. The material in
question was examined by the Jalalabad
provincial procurator's office, which found
that the decision taken was justified. The
allegation that Ms. A. was raped by staff of the
Aksyisky district internal affairs office has
thus been found to be unreliable. Furthermore.
Ms. A. has not filed a statement with the
national Procurator-General's Office. It should
be noted that the entire investigation of
Ms. A. ‘s case took place with the participation
of defence counsel. The assertions that the
investigator submitted for signature documents
in Russian, without making them public, are
untnie: the proceedings in the criminal case
were conducted in the national language.
There were no violations of the legislation on
criminal procedure during the handling of the
case, nor were there any violations of Ms. A.'s
rights.
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133.
14/05/08
UA
TOR
Erkin Kholikov, Uzbek national, currently
detained at Osh pre-trial detention facility
(SIZO) n. 5. Mr.Kholikov was arrested on
21 August 2007 in Jalal-Abad. Three weeks after
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the arrest, the Uzbek authorities requested his
extradition for alleged involvement in religious
extreniisni and anti-constitutional activities,
which has been granted by the Prosecutor General
of the Republic of Kyrgyzstan in April 2008. On
6 March 2008, Jalal-Abad City Court sentenced
Mr.Kholikov to four years of imprisonment under
article 339 of the Criminal Code and illegal
border crossing under article 346 of the Criminal
Code. On 30 April 2008, Mr.Kholikov's lawyer
attempted to register Mr.Kholikov with
Kyrgyzstan' s State Commission for Migration.
However, the Commission refused to do so. An
appeal against the refusal is scheduled for
22 May 2008. Given reliable reports that on
12 May 2008 Uzbek officials attempted to bring
Erkin Kholikov from the SIZO to Uzbekistan,
concern is expressed that his hand-over to Uzbek
authorities might be imniinent .
134. 20/08/08 AL TOR Gairat Torakeldiev. aged 22. Bazarkorgon
village. Bazarkorgon District. On 25 May 2006,
he was called to serve in military unit 2022 of the
frontier service of the National Security Service,
in Kok Tash village, Batken Oblast. In early July
he began to experience harassment, intimidation —
and beatings at the hands of personnel of his unit
allegedly because of his Uzbek ethnicity. He was
told by Commander Abdulaev that Uzbeks could
not become soldiers. He was subjected to beatings
all over his body, including his head and groin,
and reportedly suffered broken ribs after being
stnick with a billiard cue. He received treatment
at the military hospital in Osh as well as the local
hospital in Bazarkorgon. Appeals for investigation
were sent to the Military Prosecutor's Office and
the Minister of Defence.
Similar allegations were received in relation to
Kamalov Erkin Egamberdievich. aged 21,
Cholok-Terek village, Suzak District. Between
27 September and 1 November 2006, he was
subjected to harassment and beatings by
personnel of military unit 9284, Gulcha village,
Osh Oblast. An ethnic-Uzbek,
Mr. Egamberdievich was forced to sing insulting
songs, and was subjected to beatings all over his
body, had cigarettes stubbed out on his arn s. legs
and lips, and had needles inserted in his palms.
He reportedly suffered a broken nose. bniises, and
cigarette bunis. He suffers from symptoms of
post-traumatic stress. He escaped from the unit on
1 November, and between 6 to 18 November he
received treatment at the regional hospital.
Appeals were made to the Military Prosecutor's
Office.
Ms. Ibragimova Rukia Abdumomunova.
aged 23, Kuznechna a St. Jalalabad. On
ii July 2006, she was arrested and detained in the
Municipal Department of Internal Affairs
(GOVD) and transferred to the temporary
detention cell (IVS). An officer from Jalabad
GOVD, allegedly beat her in detention with his
hands all over her body, stnick her head against
the wall, and kicked her, including in her
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stoniach. She was also threatened with being
disrobed and raped. She was beaten in order to
obtain inforn ation about her husband's suspected
terrorist activities. Ms. Abdurnornunova sustained
bniises. and was denied medical treatment at the
tinie. On the third day of her arrest, she was
appointed a lawyer by a policeman from GOVD
without her consent. On 8 August. she was taken
to the Kvzvl-Djar Psychiatric Hospital for
examination and remained there until
20 September. before being returned to the WS.
On 26 August she suffered a miscarriage and later
went on to develop a uterine cyst.
Ms. Abdumomunova reportedly suffers symptoms
of post-traumatic stress following her beatings.
Appeals were made to the Jalabad Oblast
prosecutor's office to investigate the allegations,
however, no response has been received to date.
Tahir Kimsanbaevich Adashev, aged 35,
Abduraimova village, Bazarkorgon District. On
20 September 2006, he was arrested by
ROVD officers and detained for 10 days in the
WS of the Department of Internal Affairs of
Bazarkorgon District. When his brother visited
him one month later on 29 November, —
Mr. Adashev reported that he was tortured by —
UVD officers of Jalalabad Oblast in order to
confess to a murder. A gas mask was placed over
Mr. Adashev's head with the valve closed, and he
was beaten with a baton all over his body. The
perpetrators told him that it was better to confess
than to become an invalid. He was beaten until he
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eventually confessed. Mr. Adashev was not
examined by a medical doctor and no treatment
was rendered. Appeals for investigation were sent
to the district prosecutor, the Prosecutor General.
It is reported that Mr. Adashev was sentenced at
first instance to 17 years' imprisonment and his
appeal is pending.
135.
07/10/08
JUA
TOR;
VAW
Ms. N. T., aged 18, resident in Talas. She was
arrested at her home on 22 July 2008 by members
of the Talas police on suspicion of theft. At the
Talas Police Department, although she admitted
having stolen a mobile phone, members of the
police attempted to force her to confess to other
thefts, which she denied. Ms. T. was undressed by
a female police officer in front of male officers,
who then severely beat her on the head, stomach
and kidney. They also insulted her and threatened
her with rape. On 26 July, a human rights
defender submitted a written complaint on
Ms. T.'s behalf to the Office of the Prosecutor,
asking for a medical examination and for an
investigation into the harm Ms. T. had allegedly
suffered. The resulting medical report confirmed
the beatings she had suffered. Despite the
complaint, the medical evidence and the fact that
Ms. T. identified one of the policemen who
mistreated her, no investigation has so far been
ordered into these events. At the time of writing,
Ms. T. remained in pre-trial detention in a cell at
the Talas Police Department, awaiting trial in
connection with the theft of the mobile phone.
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136.
Follow-up
to earlier
cases
Yakub Tashbayev, Rasul Pirmatov. Jahongir
Maksudov and Odiljan Rahimov
(A/HRC/4/33/Add.i. paras. 126 and 128,
E/CN.4/2006/6/Add.i, para. 135)
See para. 261 below.
137.
Lao People's
Democratic
Republic
08/09/08
JUA
WGAD;
RINT;
TOR
Pastor Sompong Supatto, and two secondary
school students, B. C. and K. C. On
3 August 2008 between 10 and ii am.. they were
arrested in the village of Boukham by members of
the district police of Ad-Sapangthong District.
Savannakhet Province, and transferred to
Ad-Sapangthong District Police Station. At the
station they were handcuffed as well as restrained
with wooden stocks and were told, “This is the
consequence of not signing documents to
renounce your faith. We have already given ou
three opportunities to sign these documents but
you have refused.” The three were told that they
would be released if they signed the documents,
renouncing their Christian faith. On 2 September,
B. C. ‘s legs became infected because of the
wooden stocks, rendering him unable to walk. He
is therefore in urgent need of medical treatment.
By letter dated 22/09/08, the Government
informed that they carried out a careful
investigation with the Local Authority, the
District Police of Ad-saphangthong District.
Savanhakhet Province, and found that the
inforn ation was completely false and
groundless. The Local Authority detained the
three persons from 20 to 22 July for carrying
out activities which violated the order and
security of the district. However, no torture or
ill-treament was inflicted upon them. After the
investigations were conducted, they were
released and returned to their parents.
138.
Latvia
Follow-up
to earlier
cases
Vasiliy Grilyanov (A/HRC/7/3/Add.i, para. 128)
By letter dated 10/03/08, the Government
informed that an individual by the name
“Vasiliy Grilyan” was not recognized by the
competent authorities. However the correct
name of the alleged aplicant might possible by
“Vasilij s Grigj ans”, who was detained in the
Riga Central Prison between 30 October 2006
and 13 April 2007 in cell No. 215 (from
1 November 2006 to 3 January 2007: and from
15 January to April 2007). On the latter day.
Par lettre datée du 07/01/08. le Gouvernement
a présenté des infon ations générales. avant
d'apporter des réponses concernant le cas
précis. Le Code penal libanais contient un
article explicit sur le crime de torture. et les
tribunaux libanais n'hésitent pas a l'appliquer
chaque fois que les conditions prévues par cet
article sont réunies. Les aveux extorqués sous
la torture ne sont pas utilisés cornrne preuves
devant les tribunaux. Le Ministère de la
defense n'a procede a aucune arrestation ni
detention secrete ou arbitraire. et les
procedures generales appliquees dans ce
rninistère sont les rnêrnes que celles en vigueur
dans tous les cas et lieux de garde a vue ou
d' enquête. La justice n'ouvre une enquête
concernant des violences psvchiques ou
phvsiques qui auraient été exercées pour
extorquer des inforniations ou des aveux que
sur dépôt d'une plainte par la victime. La
justice n'a pas manqué d'ouvrir une enquête
pour établir la véracité des griefs visant des
organes de sécurité chaque fois qu'une
personne interrogée par ces organes a déclaré
avoir été soumise a de telles pratiques. et elle a
toujours laissé l'affaire suivre son cours
jusqu'au bout sur le plan juridique.
139. Lebanon
Follow-up
to earlier
cases
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pursuant to the judgment of the Riga Regional
Court, the security measure previously applied
with regard to Mr. Grigjans was altered and he
was immediately released from detention.
Mahmoud Abou Rafeh (A/HRC/7/3/Add. 1.
para. 133)
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La prison du Ministère de la defense est légale
et son existence est nécessaire pour certains
cas graves, aux fins d'assurer la sécurité des
personnes placées en garde a vue et de
prévenir leur fuite. Les personnes détenues
dans la prison du Ministère de la defense sont
régulierement soumises a un examen medical
effectué par le médecin de la prison; Les
avocats et familles des détenus peuvent leur
rendre visite.
En ce qui concerne le cas du dénommé
Mahmoud Rafeh, son arrestation et
interrogatoire ont été effectués sur la base
d'une commission rogatoire délivrée en date
du 26 mai 2007 par le juge d'instmction
militaire aux organes de la sécurité, dont la
Direction des renseignements de l'armée
libanaise, suite ala decision dujuge d'enquêter
sur l'assassinat des frères Majzoub dans la
ville de Tyr. L'arrestation a eu lieu le
7juin 2006. Pour les besoins de l'enquête,
l'arrestation n'a été rendue publique qu'après
que l'enquête préliminaire eut été achevée.
Mahmoud Rafeh a fait une deposition de son
plein gre devant le corps d'instmction de la
Direction des renseignements. Durant
l'enquête preliminaire, les enquêteurs ont
entendu le defendeur et de nombreux temoins,
et ont saisi un grand nombre de preuves. Après
les investigations preliminaires, le juge
d'instmction militaire a donne l'ordre d'arrêter
le défendeur Mahmoud Rafeh, de le déférer
devant lui, et a demandé le dossier de
l'enquête, qu'il reçut le l4juin 2006. Lejuge
d'instmction militaire a soumis le dossier au
Commissaire du Gouvernement et l'a prié de
formuler ses demandes concernant ce dossier.
Le l4juin 2006, le Commissaire du
Gouvernement a demandé au j uge
d'instmction militaire de procéder a
l'interrogatoire de Mahmoud Rafeh et de
délivrer un mandat d'arrêt a son encontre.
Avant de commencer l'interrogatoire, le juge
d'instmction militaire a indiqué Mahmoud
Rafeh de son droit de mandater un avocat pour
assurer sa defense, mais le défendeur a déclaré
qu'il ne souhaitait pas faire appel a un avocat,
et qu'il était en bonne sante sur le plan
psychique et physique. Au cours de
l'interrogatoire, il a confirmé les propos qu'il
avait tenus durant l'enquête préliminaire,
avouant de son plein gre les crimes qui lui
étaient imputes. Le juge d'instmction militaire
a délivré un mandat d'arrêt en bonne et due
forme contre le dénommé Rafeh le
14 juin 2006. Aprés cela, le dénommé Rafeh
n'a plus été soumis a aucun interrogatoire a
l'intérieur de la prison, et il est traité comme
n'importe quel autre prisonnier de justice.
Le fait que Mahmous Rafeh soit détenu a la
prison du Ministére de la defense constitue une
garantie pour sa sécurité personnelle, compte
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tenu de la nature du crime qu'il a commis et
étant entendu que cette prison est un
établissement pénitentiaire officiel.
Depuis qu'il a été déféré devant le juge
competent, le défendeur Mahmoud Rafeh n'a
présenté aucune plainte devant lajustice
compétente en ce qui concerne des actes de
torture qu'il aurait subis, ce qu'il serait
autorisé a faire par la loi. Cette affaire relève
expressément de la competence de lajustice
militaire, étant donné les accusations portées
contre le défendeur, qui relèvent de la trahison,
de l'espionnage et du terrorisme. Nous
rappelons que lajustice militaire est une
justice spéciale, comme il a été indiquée
précédemment. Au cours des perquisitions qui
ont été opérées au domicile de l'inculpé, des
armes de guerre avec leurs munitions, du
materiel de guerre, des dispositifs
électroniques, des équipements comportant des
caches secretes et des documents falsifies ont
été saisis. Ont également été saisis au domicile
de l'associé de Mahmoud Rafeh du materiel
electronique, des équipements comportant des
caches secretes, des plans et des photos
aeriennes, y compris les coordonnees du
domicile des deux personnes perfidement
assassinees, Mahmoud et Nidal al-Majzoub, de
la place de parking situe près de leur domicile
et d'une antenne d'un parti politique a Tyr.
Les locaux de garde a vue du Ministère de la
defense nationale offrent des conditions
sanitaires tout a fait satisfaisantes. Le détenu
Rafeh effectue une promenade quotidienne en
plein air et sous le ravons du sole ii. en toute
liberté. En outre, on lui fait parvenir. a sa
demande. des livres religieux et sur des sujets
de société ainsi que des revues culturelles. Le
détenu Mahmoud Rafeh reçoit pénodiquement
la visite de des parents.Il est soumis chaque
jour a un examen medical pratiqué par le
médecin de la prison. Il a été soigné a maintes
reprises par le dentiste et il jouit d'une bonne
sante. ii ne souffre actuellernent d'aucun
problème de sante et ne prend aucun
médicament.
Le Comité de la Croix-Rouge libanaise est
autorisé a se rendre dans tous les lieux de
detention du pays. v cornpris du Ministère de
la defense. qui est un établissernent
pénitentiaire cornrne les autres. si ce n'est que
la sécurité v est renforcée. comme indique
precedemment. En date du ii avril 2007. une
delegation du CICR s'est rendue a la prison du
Ministère de la defense, en application du
Protocole signé le 20 février 2007 concernant
les visites effectuées par les delegues du CICR
dans les prisons libanaises. La delegation s'est
rendue dans les différentes parties de la prison.
auprès de tous les détenus. et a eu un entretien
personnel avec le détenu Rafeh dans sa cellule
qui a duré un certain temps.
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Fathi al-Jahmi (subject of a previously
transniitted communication.
E/CN.4/2005/62/Add.i. para. 890, 891). He is
detained at an undisclosed location, believed to be
an Internal Security Agency facility on the
outskirts of Tripoli. He is in urgent need of
medical attention. It is reported that he is
emaciated, lacks the strength to speak, and his
legs are swollen. Mr. Al-Jahmi has been allowed
only sporadic visits from his family. Tn 2007 he
received no visits at all. He is not allowed to
receive mail, books or newspapers. According to
reports, the Foreign Ministry stated in July 2006
that he was being tried on charges of “exchanging
inforn ation with employees of a foreign state
causing harn i to the interests of the country and
providing them with inforn ation with the aim of
their states attacking LibvaI” and “scheming with
a foreign state in peacetime”. The Foreign
Ministry said that Fathi al-Jahmi had access to a
lawyer, but did not disclose where he was being
tried. In March 2005, a report by Physicians for
Human Rights and the International Federation of
Health and Human Rights Organisations
concluded after an examination of Fathi al-Jahmi
that he received only “sporadic and inadequate
medical treatment”, despite “suffering from
several chronic conditions (diabetes,
hypertension, coronary artery disease) that are
independently life-threatening and difficult to
control”.
140.
Libyan Arab
Jamahinya
04/02/08
JUA
FRDX;
TOR
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FRDX;
HRD;
TOR
Salleh Puteh, Muhammad Haji Yaakub,
Ms. Marie! Fong, Ms. Hasnah Hashim, Mohd.
Asri Ahmad, Mohd. a!-Farook, Daud Samad,
Raja Sa!im (also known as Raja Daud Raja
Abdullah), Khairu! Anuar Safsie, Khairu!
Amirin Safsie, Ahmad Asmadi Adnan, Haji
Abdu! Hamid Baharuddin, Rawandi Repini,
Sufian Manas, Haji Su!aiman Ahmad, Mohd.
Harif Fathi!ah, Azhar Yusuf, Zamro! Majid,
Shaharu! Anuar Abdu! Ghani, Mohd. Abdu!
Rahman Ariffin, Mohd. Sa!im Yesman, Abdu!
Rahman Mat Lodin, Khairu! Sa!!eh Ahmad,
Nasru!!ah bin Ahmad, Taib Abdu!!ah, Ishak
Othman, Mohd. Shafie Ismai!, Mohd. Nazreen
bin Mohd Nasir, Mohd Abi Sa!am bin Ariffin,
Mohd. Zad, Yahya Mohd. Noh, Mohammad
bin Rifin, Nawi Abdu!!ah, and Fauzi Awang
Chik. All of the aforementioned individuals are
human rights activists. On 10 November 2007, a
peaceful protest was organized by the Gabungan
Pilihanraya Bersih dan Adil, or Coalition for
Clean and Fair Elections (BERSII-I), a coalition of
over eighty civil society groups in Malaysia. The
protest took place in Dataran Merdeka, in
Kuala Lumpur, and aimed at calling for free and
fair elections. A total of 4,000 police personnel
were deployed to deal with the protestors,
including the Federal Reserve Unit, as well as
members of police forces from Sentul, Dang
Wangi, and Brickfields districts in Kuala Lumpur.
The officers were armed with shields, batons and
some with firearms. Police attempted to prevent
By letter dated 06/10/08, the Government
informed that the right to physical and mental
integrity of all persons is guaranteed by the
Constitution, which also provides that no
person shall be deprived of his life or personal
liberty, save in accordance with the law.
Although Malaysia is not a party to the
International Covenant on Civil and Politial
Rights 1966, it fully appreciates that no one
shall be subjected to torture or to cmel,
inhuman or degrading treatment or punishment
as provided under Article 7 of the said
Covenant. Malaysia also adheres to the
philosophy and norms set out in the Universal
Declaration of Human Rights 1948 and the
United Nations Basic Principles on the Use of
Force and Firearms by Law Enforcement
Officials (“UN Basic Principles”), which are
not legally binding on States. Malaysia also
asserts that the provisions of the Constitution
and its legislative framework generally
conform to the applicable international human
rights law in this matter. In respect of the
UN Basic Principles, the Government finds it
important to reiterate that law enforcement
officials, in carrying out their duty, may use
force and firearms if other means remain
ineffective or without any promise of
achieving the intended result. In the context of
the cases mentioned in the communication, the
Government of Malaysia stresses that the
141. Malaysia
22 /02 /08
JAL
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the protest from taking place by setting up road
blocks in order to monitor all of the vehicles
entering the area from outside Kuala Lumpur.
Police also blocked off several of the roads which
lead to Dataran Merdeka, as well as suspending
train services and refusing members of the public
entry to the venue of the protest. Tear gas, water
cannons, and sprayed water laced with harn ful
chemicals were used by police in order to disperse
the crowd even before the protest had begun. The
34 above mentioned protestors were arrested and
detained at IPK Jalan Hang Tuah and were
released by ii p.m. on the same day. The Chief of
the National Police, Mr. Musa Hassan, threatened
to charge all parents who took their children to the
protest with “placing their children's safety at
risk”. Of those arrested, five protestors are said to
have sustained injuries: Mohd. Asri Ahmad,
Mohd al-Farook. Haji Abdul Hamid Bahaniddin.
Khairul Salleh Ahmad. and Nasnillah bin Ahmad.
In addition, another protestor, Ale asak Hamid,
who was not arrested is said to have suffered a
broken leg due to being stepped on by a police
officer. He was sent to the General Hospital,
Kuala Lumpur. for treatment.
exercise of power by the Malaysian Police is
reasonable and necessary for the protection of
national security and public order and for the
purpose of ensuring protection for everyone.
The actions surrounding the case are therefore
compatible with international norms and
standards, and common in almost all
jurisdictions worldwide. In view of the above,
the Government reiterates its observation that
the summary of the facts is not entirely
accurate and not reflective of the actual
situation prevailing during the protest. The
concern with respect to the allegation of
excessive use of force employed by members
of the Police against peaceful protestors, as
well as the arrests of the protestors, are
therefore unfounded and baseless. The actions
undertekan by the relevant authorities in
Malaysia, including the Police force, are
within the confines of the international human
rights regime and national laws. All actions
taken by the Malaysia Police are reasonable
and necessary for the protection of national
security and public order, in accordance with
the constitutional and legislative framework of
Malaysia and in line with international law. As
such, the issue regarding the deprivation of the
right to physical and mental integrity does not
arise.
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142.
03/04/08
AL
TOR
Goh Yan Peaw, Segamat. On 9 January 2008, he
was arrested with his wife and brother by the
police at their house in Segamat. They were held
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under the Emergency Ordinance for illegal
possession of dnigs, bomb material and fireworks.
On 10 January. Mr. Goh Yan Peaw was sent to
Johor Police Headquarters for investigation. On
16 January. the three were brought to the
magistrate's court in Segamat. which granted the
police a remand order of seven days for Mr. Goh
Yan Peaw and his brother. Mr. Goh Yan Peaw's
wife was released without charge, and his brother
was released on bail after the expiration of the
remand order on 23 January. On 19 January at
about 4 am.. Mr. Goh Yan Peaw was brought to
Segamat Police Lock-up. He was later found
unconscious in his cell, and died at the hospital.
The police told his family that he had died from a
fall in the toilet. Mr. Goh Yan Peaw's wife, who
last met her husband when they were brought to
the magistrate's court for their remand hearing,
reported that she found her husband to have lost
considerable weight, his face was pale, his lips
were purple in colour, and his eves appeared
swollen. According to Mr. Goh Yan Peaw's
medical certificate, dated 1 December 2007,
Mr. Goh Yan Peaw was in good health.
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143.
2 1/04/08
JUA
FRDX;
P. Uthayakumar, Legal Adviser of the Hindu
By letter dated 19/12/08, the Government
RINT;
Human Rights Action Force (H1INDRAF),
infon ed that H1NDRAF remains a
HRD;
M. Manoharan, counsel of H1NDRAF,
non-registered society, which in itself is a
IJL;
R. Kenghadharan, counsel of H1NDRAF,
contravention of the Societies Act 1966
TOR
V. Ganabatirau and T. Vasanthakumar,
FAct 33 I. It has been actively promoting
members of HINDRAF. Since their arrest on
etimic Indian issues to an extent that has
13 December 2007 under Section 8 (1) of the
incited racial and religious hatred of the
Internal Security Act for allegedly carrying out
predominantly Hindu etirnic Indian community
activities that threatened national security, the
five persons have been kept in solitary
confinement for more than 16 hours a day, and
have been exposed to light continuously in order
to disorient theni and prevent theni froni sleeping.
Mr. P. Uthavakumar and Mr. M. Manoharan are
diabetic and access to appropriate medication has
been denied. On 7 April 2008, Mr. P.
Uthavakumar collapsed in his cell and was taken
to a doctor who diagnosed a heart condition.
Although they have access to their lawyers, it is
reported that discussions between the men and
their lawyers have been monitored by guards.
Finally, they are denied their right to worship;
they do not have access to temples and prayer
rooms, and no time to worship has been allocated
to them.
against Malay-Muslims. This is evidenced
when P. Uthayakumar, M. Manoharan,
R. Kenghadharan. V. Ganabatirau and
T. Vasanthakumar “H1NDRAF 5”I through
H1NDRAF. have resorted to various tactics
that include holding public rallies, gatherings
and fonims.
Leading up to the month of November 2007,
the H1NDRAF 5 have attended and made
speeches at a number of HINDRAF-organized
fonims and gatherings at various public
venues. During those rallies (which were not
blocked or forced to disperse by authorities
and police), inflammatory sentiments were
widely circulated.
The HINDRAF 5 were arrested on
13 December 2007 by Special Branch officers.
The cumulative actions taken by the
H1NDRAF S in aggressively inciting feelings
of ill-will amongst the races in Malaysia with
deeply hurtful racial and religious rhetoric and
sowing hatred towards the government have
resulted in their detention, on the grounds that
they were a threat to public order and national
security. The H1NDRAF S were admitted to
the Detention Protection Centre Kamunting.
Taiping. Perak from 13 December 2007. Tn the
early admittance. they were placed in the
orientation block to pursue orientation
programme for 3 nionths. In this orientation
block, they have been placed in a different cell
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where each cell is equipped with a bed and
toilet that can also be used to bathe.
Throughout this orientation programme they
were confined in their respective cells for
12 hours. They may, at any time, request the
wardens to switch their lights on or off Each
cell is also equipped with a bed lamp.
However, they did not complete the 3 months
orientation programme. On 10 January 2008,
Mr. Uthayakumar was places in the normal
detention block. He was placed in a block
where each inmate is placed in a different cell.
However, there cells are not locked during the
night to enable the inmates to move freely to
the general area and toilets. Inmates are free to
choose whether to have the lights on or off.
As for Mr. M. Manoharan, Mr. R.
Kenghadharan, Mr. V. Ganabatirau and Mr. T.
Vasanthakumar, they were transferred to
normal detention block from 7 February 2005.
All four of them were placed in the same
dormitory. Inmates are free to choose whether
to have the lights on or off
Mr. P. Uthayakumar is a diabetic, however,
Mr. M. Manoharan is not. Nonetheless, Mr. P.
Uthayakumar was never denied his
medications. Even at his early stage of
admission to the Detention Protection Centre
Kamunting, he was allowed to receive his
medications, which were supplied by his
family. There was only one instance which he
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was not allowed to receive diabetics
medication from his faniilv as the government
hospital at Taiping had supplied similar
medication to him. Mr. P. Uthavakumar
protested on this matter and, for this reason, he
was allowed to receive his regular medication.
The allegation that Mr. P. Uthavakumar
collapsed in his cell on 7 April 2008 due to
heart problems is also untnie. By 7 April 2008,
he was taken to undergo a follow-up medical
examination at a government clinic in Taiping.
During his medical examination, he did not
show any kind of symptoms. However, the
sugar reading in his blood taken from the
previous week showed a reading of
18.8 mmol/I. For this reason. Mr. P.
Uthavakumar himself applied to be admitted to
be warded at the Taiping hospital in order to
stabilize his blood sugar rate.
In accordance with the existing procedure, the
prison officers would stay in the meeting room
during the meeting between the detainee and
his lawyer. However, the prison officers did
not record what was said during the meeting.
However, due to protests by Mr. P.
Uthayakumar, a directive was issued on
12 May 2008 requiring meeting surveillance to
be carried out at a range where the
conversation could be seen and heard, but the
prison officers were not necessarily required to
sit together with the detainee and his lawyer.
Pursuant to that directive, surveillance has
been carried out from outside the meeting
room. All detainees including the H1NDRAF 5
are allowed to pray and practice their
respective religion. A religious teacher is also
available every week for each religion.
The Internal Security Act 1960 (Act 82)
provides for the rights of HNDRAF 5 to make
representation in front of the Advisory Board
which is also perceived as judiciary inquiry,
Section 11 of Act 82 provides as follows:
(1) A copy of every order made by the
Minister under section 8 (1) shall as soon as
may be after the making thereof be served on
the person to whom it relates, and every such
person shall be entitled to make
representations against the order to an
Advisory Board.
(2) For the purpose of enabling a person to
make representation under subsection (1) he
shall, at the time of the service on him of the
order:
(a) Be informed of his right to make
representations to an Advisory Board under
subsection (1); and
(b) Be furnished by the Minister with a
statement in writing:
(i) Of the grounds on which the
order is made;
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(ii) Of the allegations of tact on
which the order is based; and
(iii) Of such other particular, if any,
as he may in the opinion of the
Minister reasonably require in
order to make his
representations against the order
to the Advisory Board;
(iv) The Yang di-Pertua Agong may
make rules as to the manner in
which representations may be
made under this section and for
regulating the procedure of
Advisory Boards.
By virtue of these rights, on 12 and
14 Febmary 2008, the Advisory Board had
convened a sitting to hear the representations
by HNDRAF 5 based on the Rule 10 of the
Rules of Internal Security (advisory board's
procedures) 1972. When the sitting was held,
the Advisory Board had complied with the
above mles strictly where HNDRAF 5 were
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permitted to be represented by between S and
7 lawyers of their own choice and to call for
witnesses to support their defence. Apart from
that, on 1 July 2008, the Advisory Board
reviewed the detention order made on
H1NDRAF 5. The representations or judicial
enquiry relating to HNDRAF 5 and other
detention orders will be a continuing process
until a different order is made by the
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Minister.The H1NDRAF 5 filed an application
for a Writ of Habeas Corpus to the High
Court 5. Kuala Lumpur. However, the High
Court S rejected the H1NDRAF S's application
on the ground that all the procedures have been
complied with and the H1NDRAF S were
detained on the basis of legitimate executive
power as provided under Section 8, Act 82.
The H1NDRAF S was not satisfied with this
decision and appealed to the Federal Court.
However, the Federal Court maintained the
High Court decision and rejected the appeal of
the H1NDRAF S. For its part, the Malaysian
Human Rights Commission (SUHAKAM) has
visited the accused three times, on 26 January.
4 Febrnar and 22 April 2008.
144.
Follow-up
to earlier
cases
Practice of caning (A/HRCI7I3IAdd. 1. para. 141)
By letter dated 22/02/08. the Government
inforn ed that the sentence of caning, which is
known as whipping in Malaysia. is imposed
either as a supplementary or alternative to the
punishment of imprisonment or fine for certain
criminal offences. The punishment of
whipping may also be imposed in cases where
a person is found guilty of repeat offences.
Whipping is only executed against male
prisoners. There has been no execution of
whipping of women prisoners or young
prisoners under the age of 18. Tn most cases
the sentence is not mandatory but is imposed at
the discretion of the court taking into
consideration matters such as the gravity of the
offence and whether the offender is a repeat
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offender. A mandatory sentence of whipping is
only imposed for grave crimes and crimes
which involve infliction of injuries to the
victim or victims. A number of safeguards
contained in sections 286-290 of the Criminal
Procedure Code (CPC) are to be adhered to,
such as: prohibition of the sentence upon
females, males sentenced to death, and males
considered to be more than 50 years of age,
except those convicted of certain sexual
offences; court instniction as to place and time
of execution; where imprisonment is also
imposed, expiration of at least seven da/ s from
the date of sentence; the sentence shall specify
the number of strokes, and even in relation to
multiple offences, shall not exceed 24 for an
adult offender, or ten for a youthful offender
(from 18 to less than 21 years of age), for
whom whipping shall be inflicted in the way of
school discipline with a light rattan; the part of
the body subjected to whipping is designated
by the Government; and the whipping is
conducted under the supervision of a doctor. A
male child under 18 may be subject to
whipping up to ten strokes under section 91 of
the Child Act 2001. The whipping will take
place with a light cane within the court
premises, and in the presence of a parent or
guardian, if the child so wishes. Safeguards
provided for under article 92 of the Act
include: supervision of the whipping by a
medical doctor: mnanner of whipping: whipping
on any part of the body except the face, head,
stomach, chest or private parts; and the child
shall wear clothes. In fulfilling the obligations
under the Convention on the Rights of the
Child, the Government is in the process of
amending the Child Act to abolish the
punishment of whipping of children.
With respect to illegal entry into Malaysia, any
person found guilty of having committed any
of the offences of illegal entry, unlawful return
after removal, and section orgery or alteration
of endorsement or document may be subject to
whipping. As a large number of illegal
immigrants enter Malaysia on a daily basis, it
is impossible to determine who among them is
entering for economic purposes or otherwise.
These provisions were introduced into the Act
to deter the influx of illegal immigrants into
Malaysia. The punishment of whipping on
drug-related offences is also a form of
deterrent for those contemplating committing a
similar offence. This is to control the
trafficking of certain dangerous dmgs in
Malaysia. The Government provided relevant
legislation, annexed to its response.
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145.
Mauritania
28/07/08
JUA
IJL;
M. Abdelkrim Ben Fraj Bouraoui aurait été
TERR;
arrété a Nouakchott par les services de la süreté
TOR
de l'Etat (Amn Eddaoula) le 18 janvier 2008. Il
aurait été détenu en garde a vue pendant un mois.
Présenté devant le procureur de la république du
Tribunal de Nouakchott le 18 février 2008, il
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aurait été libéré sans avoir fait l'objet de
poursuites judiciaires. Le 3 mai 2008,
M. Bouraoui aurait été de nouveau arrété par des
agents des services de süreté de l'Etat avec de
nombreuses autres personnes. près d'une
centaine, dans une operation présentée
officiellement par les autorités comme rentrant
dans le cadre de la lutte antiterroriste suite a
l'attentat perpétré contre l'ambassade d'Israël le
2 février 2008. Il aurait été détenu au secret
pendant 25 jours dans une petite cellule de
i metre sur 2 metres. insalubre et sans ouverture.
dans laquelle régnait une chaleur suffocante.
M. Bouraoui aurait été déshabillé. battu. prive de
faire ses besoins naturels ainsi que de sornrneil
pendant plusieurs jours consécutifs. Il aurait
egalement été attaché par des menottes derriere le
dos et suspendu. Présenté le 28 mai 2008 devant
le juge d'instniction de la 3èrne charnbre du
tribunal de 1 ère Instance de Nouakchott.
M. Bouraoui aurait présenté des traces évidentes
de tortures. Accuse dans l'affaire de l'attentat
contre l'ambassade d'Israël survenu le
2 février 2008. alors qu'à cette date il se trouvait
détenu dans les locaux des services de süreté de
l'Etat depuis plus de 15 jours. lejuge
d'instniction M. Ould Yemeh devant
l'inconsistance de l'accusation décida de le placer
sous contrôle judicaire. Sur opposition du parquet.
M. Bouraoui n'aurait pas été libéré et aurait été
conduit dans une casenie militaire relevant de
1 ‘état maj or de 1' aniiée oü il serait détenu a ce
Sra. Ana Maria Velasco Rodriguez v las demás
muj eres supuestamente vIctimas de violencia
sexual por parte de agentes de policla durante los
incidentes en San Salvador Atenco el 3 v 4 de
mayo de 2006 (A/HRC/7/3/Add.1. parr. 144). Los
hechos ocurridos en San Salvador Atenco fueron
obj eto de una comunicación el 18 de diciembre de
2006 por parte del Relator Especial sobre la
tortura v la Relatora Especial sobre la violencia
contra la mujer. El Gobierno de su Excelencia
respondió a dicha comunicación a través de una
carta con fecha de 17 de mayo de 2007, en la cual
se da noticia de la existencia de investigaciones
en curso en relación a los casos de denuncias de
abusos o violaciones de derechos humanos por
parte de las autoridades. Segün la inforn ación
adicional recibida, el dIa 3 de mayo del 2006. la
Sra. A. M. V. R. fine detenida por la Policla en
San Salvador Atenco. Estado de Mexico. La
Sra. A. M. V. R. habrIa sido transportada en un
camión. junto con otros detenidos. al penal de
“Santiaguito”. En el trayecto. varios policlas
habrIan comenzado a tocarle los senos y a
introducirle los dedos en la vagina. Se infon a
que dos de los policlas la habrIan forzado a
practicarles sexo oral y a tragar su semen.
mientras el resto continuaban tocándola e
insultándola. A pesar de que fine obligada a
146. Mexico
28/01/08 JAL
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jour. Au vu de sa detention a un lieu non prévu a
cet effet et les allegations des mauvais
traitements. des craintes sont exprimées pour
l'intégrité physique et mentale de M. Bouraoui.
TOR;
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mantener la cabeza agachada, ella habrIa logrado
reconocer a uno de los oficiales que
supuestamente la obligó a realizarle sexo oral. El
28 de agosto de 2006. habrIa sido dictado el auto
de fon al prisión en contra de dicho policla por el
delito de “actos libidinosos” en contra de
A. M. V. R. Sin embargo. se alega que este delito
no refleja la magnitud ni la gravedad de las
violaciones sufridas por la Sra. A. M. V. R., va
que contempla una pena menor a la prevista para
el delito de violación sexual. También se inforn a
que el delito de “actos libidinosos” no es
considerado como grave. por lo tanto el policla se
encontrarla en libertad bajo caución. Segün las
alegaciones. al menos 17 mujeres habrIan sido
sometidas a abusos sexuales como los sufridos
por la Sra. A. M. V. R. durante los incidentes en
Salvador de Atenco. Sin embargo. ningün agente
policial habrIa sido consignado por el delito de
violación sexual. Hasta la fecha. solo un policla
ha sido fon almente acusado por abusos sexuales
cometidos el 3 v 4 de mayo en San Salvador
Atenco.
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147.
14/04/08
JUA
IJL;
El Sr. Miguel Angel Tornez Hernández fine
Mediante carta de fecha 31/07/08. el Gobierno
WGAD:
arrestado el 2 de abril de 2008 cuando se presentó
indicó que de acuerdo al infonne presentado
TOR
voluntariamente a los locales de la Policla
por el Coordinador de Zona de la Policla
Judicial del Estado de Guerrero en el Municipio
Ministerial de Avutla de los Libres. Guerrero.
de Avutla de los Libres para aclarar su
el 3 de abril de 2008 el señor Tornez se
participación en un caso de asesinato v robo de
presentó de manera voluntaria a rendir su
cuatro agentes policiales V un funcionario
declaración en calidad de testigo ocular.
püblico. El Sr. Tornez habrIa sido detenido sin
.
cargos. interrogado con los oj os vendados v
.
Debido a que se requenan de mavores
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habrIa sufrido agresiones verbales v amenazas. asI
como descargas eléctricas v golpes con el puño.
principalmente en la cabeza, para obligarle a
confesar su participación en dichos crImenes.
Posteriorn ente. un juez autorizó su puesta en
“arraigo” en el estado de Guerrero. El 5 de abril
de 2008 fue trasladado a otro centro de arraigo
gestionado por la Procuradurla General de la
Repüblica en la Ciudad de Mexico. sin que su
familia fuese infon ada de dicho traslado. Sus
posibilidades de comunicarse con sus familiares o
con el mundo exterior habrIan sido seriamente
limitadas por estas medidas. Se infonna también
que no se ha pennitido que el Sr. Tornez
Hernández sea representado por abogados de una
organización local no-gubernamental de derechos
hurnanos v que en su lugar se le ha designado un
abogado de oficio. Los malos tratos habrIan sido
confinnados por un tribunal local al momento de
resolver en vista urgente una diligencia de
exhibición de persona. La Comisión Estatal de
Derechos hunianos ha confinnado también los
malos tratos con base en un infonne medico. Se
infonna asimismo que el dIa anterior al arresto de
esta persona. su niadre. su tIa. sus dos hennanas v
tres de los hijos de éstas. de corta edad, fueron
también arrestadas en el domicilio del Sr. Tornez
Hernández v conducidas a la comisarla local. Una
de las hennanas del Sr. Tornez Hernández. la Sra.
Yesenia Tornez Hernández. fue interrogada bajo
tortura para obligarla a declarar dónde se
encontraba su hennano. Cinco agentes de la
elementos para comprobar su presunta
responsabilidad v por considerar que existla el
temor fundado de que el señor Tornez se
ausentara o se ocultara antes de que las
investigaciones concluveran. el 4 de
abril de 2008. el Ministerio Püblico solicitó al
Juez Penal del Distrito Judicial de Allende. una
orden de arraigo por el ténnino de 30 dIas:
medida que fine ampliada por 30 dIas más.
Las diligencias practicadas por el Ministerio
Püblico dentro de la averiguación previa,
fueron las siguientes: levantarniento e
identificación de cadáveres, certificación de la
causa de muerte. inspección ocular v
recolección de objetos hallados en el lugar de
los hechos. La averiguación previa v las quejas
aün se encuentran en la etapa de análisis.
El 2 de abril de 2008. representantes de una
organización civil solicitaron ante la Comisión
de Defensa de los Derechos Humanos del
Estado de Guerrero (CDDH Gro.), su
intervención por presuntos actos de tortura en
contra de Yesenia Tornez Hernández.
cometidos por elementos de la policla
ministerial del estado de Guerrero.
El representante de la CDDH Gro.. en
compañIa de un perito medico de la citada
institución se trasladaron al domicilio de la
señora Tornez para ofrecerle asesorla.
documentar el hecho para dar inicio a un
expediente de queja v dar fe de las lesiones
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Policla Jnvestigadora Ministerial (PIM) la ataron
a una silla, la golpearon v le vendaron los ojos.
colocándole una bolsa en la cabeza. Tanto ella
como los otros familiares del Sr. Tornez
Hernández fueron liberados a! final del dIa. Se ha
expresado temor que los malos tratos sufridos por
el Sr. Tornez Hernández puedan repetirse V que
esta persona. dado el grado de imposibilidad de
comunicación con el mundo exterior que le afecta
v las dificultades para preparar su defensa, sea
suj eto de un proceso judicial que no reüna las
condiciones necesarias del debido proceso legal ni
las garantlas judiciales suficientes. El Sr. Tornez
Hernández no ha sido todavIa fon almente
acusado. La PGR sin embargo investiga el
asesinato de los agentes policiales v del
funcionario püblico: el robo de 600,000 pesos
(aproximadamente 57,000 dólares de los Estados
Unidos) de los fondos federales de avuda que
estaban siendo distribuidos v el robo de las arrnas
de los agentes policiales. Segün el Sr. Tornez
Heniández. si bien estuvo en el lugar del crimen.
fine porque habla sido secuestrado por los
delincuentes. quienes le obligaron a sacarlos del
lugar en su vehIculo. Al estropearse la camioneta,
fine golpeado por los delincuentes V arroj ado a un
barranco. pero pudo salir por sus propios medios.
a pesar de estar herido.
que supuestamente presentaba.
Ella manifesto que no era su deseo presentar
una quej a V solicitó en cambio la intervención
de la institución a favor de su hennano Miguel
Angel Tornez. por considerar que podlan
existir posibles actos de tortura V detención
arbitraria.
Los representantes de la CDDH Gro. brindaron
apovo a! señor Miguel Tornez Mayo (padre)
para que promoviera recurso extraordinario de
exhibición de persona ante el Juez Mixto de
Primera Instancia del Distrito Judicial de
Allende.
Los presentantes de la CDDH Gro.. el Juez
Mixto. familiares de Tornez V representantes
de una organización civil. se trasladaron a la
Coordinación de Zona de la Policla Ministerial
de Avutla de los Libres. para solicitar que
presentaran de inmediato a! señor Tornez.
El Coordinador de la Policla Ministerial
presentó a! señor Tornez. aclarando que su
presencia se debla ünicamente a que debla
rendir su declaración y no se encontraba
detenido.
Contrariamente a lo señalado. el señor Tornez
manifesto ante el Juez Mixto haber sido
vIctima de actos de tortura por parte de
elementos de la Policla Ministerial. Se le
elaboró un examen para certificar su estado de
salud. en el que se concluvó que hablan signos
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de tortura psIquica con multitraumas fisicos.
Con los elementos recabados la CDDH Gro.
inició el expediente de queja
CODDEHUM-VG/065/2008-V. El
7 de abril de 2008. una asociación civil recibió
dos quejas más presentadas por las sefloras
Yesenia y MarIa del Socorro Tornez
Hernández. Juana v Mercedes Hernández
Garibav. Ninfa Sanchez Sierra v Dorotea
Hernández Garibav mediante las cuales
denuncian al coordinador v elementos de la
Policla Ministerial del estado. por presuntas
violaciones a sus derechos hunianos
consistentes en arnenazas. allanarniento de
morada. detención arbitraria. tortura perpetrada
en contra de Yesenia Tornez. dando inicio a
dos expedientes.
Debido a los hechos denunciados. el
8 de abril de 2008. la CDDH Gro. solicitó al
Procurador General de Justicia v al Secretario
de Seguridad Püblica v Protección Civil del
estado de Guerrero la adopción de medidas
cautelares en favor de Miguel Angel. Yesenia
v MarIa del Socorro Tornez Hernández. Juana
v Mercedes Hernández Garibav. Ninfa
Sanchez Sierra v Dorotea Hernández Garibav.
a fin de que las policlas ministerial v
preventiva del estado se abstengan de incurrir
en actos de tortura. hostigamiento. amenazas e
intimidación. El 15 de abril de 2008, las
medidas fueron adoptadas por ambas
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autoridades.
En el mes de abril de 2008. la Comisión
Nacional de los Derechos Humanos inicio un
expediente de queja a del señor Tornez.
148. 01/07/08 JUA WGAD: José Domingo Menendez Velasco. ciudad de
FRDX; Tuxtla Gutiérrez. Estado de Chiapas, Mexico. El
TOR Sr. José Domingo Menendez Velasco fue
detenido el 25 de junio de 2008, a las 12h30
horas, por cerca de cien agentes identificados
como miembros de la Policla sectorial que sallan
del Palacio del Gobierno. v fue subido a una
camioneta con nimbo desconocido. Estos hechos
se produjeron unos minutos después de que cuatro
elementos de la Policla judicial hablan salido del
Palacio del Gobierno para dirigirse hacia los
habitantes de Villa de Rosa reunidos en este lugar
desde el 24 dejunio de 2008. Las denuncias
agregan que las autoridades no les proporcionaron
ni a los familiares ni a los compafieros la
infonnación precisa sobre el paradero del
Sr. Menendez Velasco. Segün las inforniaciones.
un equipo de abogados se trasladó
inmediatamente hacia la Procuradurla para
interponer un juicio de amparo a favor del Sr.
Menendez Velasco. El 26 de mayo de 2008, los
habitantes del municipio de Villa de la Rosa.
Chiapas. iniciaron un plantón indefinido en la
presidencia municipal junto con comisariatos
ejidales. organizaciones sociales v comunidades.
ante las actitudes represivas. Los integrantes del
Frente de Lucha Popular en Resistencia “10 de
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julio” del municipio de Villa de la Rosa se
trasladaron el dIa 24 de junio a la capital del
Estado ante la falta de resultado del conflicto v se
concentraron ante el Palacio de Gobierno de la
ciudad de Tuxtla Gutiérrez para lograr alcanzar el
dialogo ante la problemática vivida en su
municipio.
149.
24/09/08
AL
TOR
El Sr. Enrique GOmez Hernández. indIgena
tsotsil. se encuentra actualmente preso en el
Centro Estatal para la Resinserción Social de
Sentenciados No. 5 (CERSS No. 5), en San
Cristobal de las Casas, Chiapas.
Al momento de su ingreso a ese penal. fine
golpeado en varias partes del cuerpo por 5 o
6 custodios. quienes vestlan ropa deportiva. Le
hicieron correr descalzo por el patio de piedras. v
si se detenla. era golpeado por uno de los
custodios con un palo. Después de hacerlo correr.
le echaron agua frIa. le taparon la cara v le
rociaron gas lacrimogeno por el cuerpo. Fue
golpe ado nuevamente. v cuando cavó al suelo. le
patearon la espalda v las piernas. Los custodios lo
amenazaron con más golpes V con amarrarlo a
una de las mallas del penal si presentaba una
queja con algün organismo de derechos humanos.
Debido al dolor que presentaba. fine llevado a los
servicios medicos del centro de detención. pero
debido a que se encontraban presentes sus
golpeadores. negó que éstos le hubieran pegado.
Un medico independiente se presentó en el centro
de detención para investigar al Sr. Gómez v
hacerle la valoración médica de acuerdo con el
Protocolo de Estambul. pero el director del penal
obstaculizó su ingreso.
El Sr. Gómez se fugó de la cárcel en diciembre
del 2004 v fine reaprendido el 20 de junio
de 2008. El dIa de su traslado al CERSS No. 5. el
Departamento de Medicina Legal de la Dirección
de Servicios de Técnica Forense v CriminalIstica
del Ministerio de Justicia del Estado indicó que
no presentaba huellas de lesiones recientes
externas visibles. mientras que la nota médica de
ingreso dice que presenta disuria (micción dificil,
dolorosa e incompleta de la orina) v hematuria
macroscópica (orina con sangre). va que en el
momento de su reaprensión fine golpeado.
Las denuncias agregan que el Sr. Gómez se
encuentra en el area de la prisión conocida como
Celdas de Observación v Conducta, en donde se
encuentra amenazado por otros presos v personal
de custodia de ese centro penitenciario.
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150.
Follow-up
Giovanni
Alcaraz Vielman (A/HRCI7I3IAdd.1.
Mediante carta de fecha 14/01/08. el Gobierno
to earlier
para.
151).
indicó que el 19 de Julio de 2004. la
cases
Procuradurla General de Justicia Militar
remitió a la Policla Judicial Federal Militar, un
escrito del juez So Militar adscrito a la
I Region Militar, mediante el cual libró orden
de aprehensión en contra del cadete de primera
Giovanni Alcaraz Vielman. como probable
responsable del delito de insubordinación con
vIas de de hecho causando la muerte al
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superior.
De conformidad con to establecido en el
convenio de colaboración celebrado entre las
Procuradurlas Generates de ta Repüblica,
Generat de Justicia Militar, det Distrito Federat
y de tos estados, se estabteció una
coordinación con ta Procuradurla Generat de ta
Repüblica y ta Agencia Federat de
Investigaciones para tograr ta ejecución de ta
orden de aprehensión.
Como resultado, a las 20:35 hrs. del 23 de
octubre de 2007, agentes federates de
investigación entregaron a los agentes de la
policlajudicial federal militar comisionados
para cumplimentar dicha orden de
aprehensión, el señor Alcaraz Vielman en las
oficinas de la Policla Judicial Federal Militar
con objeto de ponerlo a disposición deljuez
militar. Una vez que se identificaron
plenamente los agentes de la policla judicial
federal militar ante el señor Alcaraz Vie lman,
le mostraron la orden de aprehensión librada
en su contra. Pposteriormente fue trasladado a
la enfermerla militar del Campo Militar
nümero 1-A, D.F., a efecto de que se
certificara su estado de salud y después fue
internado en la prisión militar.
Durante el tiempo en que quedó a disposición
de los agentes policlacos, el señor Alcaraz
Vielman no se le recabó ningün tipo de
declaración o interrogatorio, y por to que
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State of emergency which was implemented by
the Government on 1 July 2008, and the killings
of Mr. Dorjsuren Enkhbayar, Mr.
Munkh-Erdene Renchindagva, Mr. Batsaikhan
Togtokh and Mr. Enkhbaatar Tseregjav. On
1 July 2008, approximately 700 people were
arrested and many others injured during
post-election protests in Ulaanbaatar. A four-day
state of emergency was declared by the
Government when rioting empted in the capital
sparked by allegations of election fraud. The
protests police used tear gas, rubber bullets and
water cannons to disperse the crowds. A number
of individuals reportedly lost their sight or
suffered serious eye injuries as a result. ‘When the
state of emergency was declared sufficient
measures had not been taken to inform citizens of
the curfew, and those individuals who were on the
streets at the time were arrested. In the early hours
of the morning of 2 July, Mr. Dorjsuren
Enkhbayar, Mr. Munkherdene Renchindagva,
respeta a la actuaciOn de personal militar, sOlo
se limitO a cumplir la orden de aprensiOn en
contra del entonces cadete de primera
Giovanni Alcaraz Vielman.
Se presentO una queja en la ComisiOn Nacional
de Derechos Humanos, la cual iniciO el
expediente de queja 2007/4609-2 -SQ. La
investigaciOn del caso está a cargo de la
Segunda Visitadurla General de dicha
instituciOn.
By letter dated 13/10/08, the Government
informed that on 1st July, they received a call
indicating that a group of people was
organizing an unauthorized demonstration, and
that the demonstrators were attacking the
Mongolian People's Revolutionary Party
Headquarters, causing unrest and damaging
property. A police regiment was sent there for
the purpose of securing the safety of the people
involved and enforcing public order. They
threw bricks, “Molotov cocktails” and iron
sticks, wounding several officers. They
vandalized property and set fire to the
building. In order to stop this unrest and
prevent the broadening of its scope and further
damages, the President of Mongolia declared a
State of emergency for four days in
Ulaanbaatar city, which authorized the police
to forcefully disperse the people, adhering to
the requirements of the relevant laws and
regulations. The police was equipped with
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151. Mongolia
19/08/08
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Mr. Enkhbaatar Tserenjav and Mr. Batsaikhan
Togtokh were shot dead in a central street in
Ulaanbaatar. at a short distance from where the
main protests were taking place. Reports claim
that their injuries show that they had been
severely beaten before being shot. An official
police investigation has reportedly been launched
into the incident. However the results have vet to
be made public. Numerous complaints have also
been made regarding alleged mistreatment of
those detained for questioning after the protests,
including women and children. many of whom
were subjected to beatings, detained in cramped
cells without food and water, and forced to sign
statements implicating themselves in violent
activities during the protests. According to the
Mongolian Criminal Procedures Code individuals
can be detained without charges for a period of up
to 72 hours. The majority of those who were
detained were released within 72 hours. However
legal counsel was not made available during
detention. Reports also claim that following the
protests, new arrests may have been made based
on the identification of individuals through video
footage recorded during the demonstrations. Since
4 July, silent protests have been held on a daily
basis in Sukhbaatar Square by citizens collecting
signatures for the release of approximate ly
200 individuals who remain in detention. To date
there are no reports of any security incidents;
however, two of the organizers of the protests
have been summoned by the authorities to make
shields and tnincheons, used tear gas and fired
nibber bullets completely in accordance with
the regulations. During these events, persons
suspected of criminal activities, those without
proper identification during curfew hours, and
those possessing criminally acquired itenis
were detained at the Metropolitan Police
Department Custody Center. In order to
conduct the investigations of the detainees
speedily and not to cause any hindrance to
their dependants, the police established a
special working group for their investigation,
organized food supply and medical services.
Thus, 23 1 people underwent medical
check-ups, first aid was delivered to
39 persons and five persons were hospitalized.
As the custody center became overpopulated,
the rooms there were aired every two hours.
During this time, representatives from the
prosecutor's office of the capital city and
Chingeltei District, Mongolian Attorney's
Association, the National Human Rights
Commission, journalists, reporters and
members of Parliament visited the Custody
center and met the detainees in person.
As a result of the criminal investigations,
731 persons were detained in accordance with
administrative regulations, 157 persons were
left in custody as suspects, and 574 persons
were released on bail. During the unrest, a total
of 532 police were attacked; 471 of them
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an appearance at Sukhbaatar District Court. They
were held in preventive detention for 14 days and
face charges of disnipting the peace.
sustained injuries of various severity.
However. only 5 persons among the
demonstrators were wounded.
.
As for the death of 4 demonstrators dunng the
unrest, the Investigation Unit of the State
Prosecutor's office, by instnictions from the
National Security Council of Mongolia,
interrogated 106 officers of the Patrol Unit of
the General Police Authority and detained
10 officers as suspects.
152.
26/08/08
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Magnai Otgonjargal. born on 11 January 1982,
Mongolian citizen, Deputy Chairnrnn of the Civic
Movement Party, usually residing at Sukhbaatar
District, 3 Horoo, S Horoolol. Bldg. 43. Apt. 39.
Mr. Magnai Otgonjargal was arrested on
7 July 2008 at the National Criminal Investigation
Authority's head office by a senior criminal
investigator based on a warrant issued by the
Capital City Prosecution Office, pursuant to
sections 68.1, 68.7 and 69.1 of the Criminal
Procedure Code. He is currently being detained at
the detention centre at Gants Hudag, Unit 0461 of
the Judicial Decision Enforcement Agency. His
detention was authorized by the Sukhbaatar
District Judge in order to prevent possible
obstniction of a criminal investigationl. The
decision is currently on appeal before the Chief
Judge of Chingeltei District Court. At the time of
arrest Mr. Magnai Otgonj argal was still a
candidate for the Parliamentary elections,
enjoying immunity under article 35.2 of the State
Great Hural Election Law. His arrest was carried
out without the necessary notification and
pennission of the Songino-Khairhan District
Election Committee. After 14 days of detention a
criminal offence case in tenns of Articles 177
(banditry - anned. intended, planned) and 179
(encouraging, guiding others to an unlawful act)
of the Criminal Code of Mongolia was filed
against Mr. Magnai Otgonjargal. The opening of
a criminal investigation against him has been
challenged before the criminal investigator in
charge of this case and all appeals level
prosecutors. Mr. Magnai Otgonj argal suffers from
chronic bronchial asthma. Sections 68.2 and 68.9
of the Criminal Procedure Code provide that “it is
prohibited to detain or apply restraint methods on
persons with serious medical conditions” as
specified in Joint Ministerial Order of Ministry of
Justice and Home Affairs and Ministry of Health
#313/316 dated 31 December 2002. Due to the
poor standard air and lighting in the cell
Mr. Magnai Otgonj argal' s chronic bronchial
asthma deteriorated to a 57 percent loss of lung
breathing capacity. His lawyers, family and civil
society activists appealed to all relevant levels of
the justice system, the Human Rights
Commission and other decision-makers without
result. For several days he has not been provided
with the food that he has purchased from an
external food caterer on the pretext that the person
responsible for delivering the food has too many
people to serve and did not make it to his cell. It
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Yahya Mohamed el Hafed Aaza. un membre de
l'Association Marocaine des Droits de l'Homme
(AMDH) et membre de l'Assemblée Constitutive
du Collectif des Défenseurs Sahraouis des Droits
de l'Homme (CODESA). Le 29 février 2008,
M. Yahva Mohamed el Hafed Aaza aurait été
arrété alors qu'il travaillait dans son magasin de
Tan-Tan. dans le sud du pays. Cette arrestation
serait liée a des manifestations pro-indépendance
qui se seraient déroulées le 27 février dans la
yule. M. Yahva Mohamed el Hafed Aaza serait
détenu au poste de police de Tan-Tan pour
interrogation. mais il n'aurait pas encore été
inculpé et il n'aurait pas eu accès a son avocat
ainsi qu'à sa farnille. M. Yahva Mohanied el
Hafed Aaza aurait par le passé déjà été arrété par
les services de renseignement de l'an ée
marocaine en 2004 et 2006. et qu'en 2005. ces
mémes services l'auraient kidnappé et retenu
pendant deux semaines. au cours desquelles il
aurait été soumis a la torture.
Par lettre date du 20/06/08. le Gouvernement a
indiqué que le 26 février 2008. une quarantaine
de jeunes cagoulés ont organisé un
attroupement an é au quartier Am Errahma au
centre ville de Tan Tan. et ont installé des
obstacles entravant la circulation sur la voie
publique et se sont attaqués. par des jets de
pierres. aux forces de l'ordre blessant. ainsi,
grièvement. au niveau du crane. le gardien de
la paix Abdelaziz Meski qui a succombé a ses
blessures a l'hôpital. le 3 mars 2008.
L'enquête menée. dans ce cadre, a pen is
l'arrestation des dénommés Lahcen Lafkir,
Naj em Bouba. Mohamed Salmi. Mevara
Moujahid. Mahmoud Barkaoui et Yahva Aaza.
Le dénommé Lahcen Lafkir a déclaré que
Yahva Mohamed El Hafed Aaza était le
commanditaire principal desdits troubles de
l'ordre public. Ce dernier avait demandé, a
Lahcen Lafkir. Mevara Mouj ahid et Naj em
Bouba, a travers Mahmoud Barkaoui,
d'organiser un rassemblement sur la voie
publique en vue de porter atteinte a la sécurité
dans la region, en recompense d'une soninie
d'argent. Ceci a été confinné par Mevara
Moujahid et Najem Bouba lors des
interrogatoires.
Pour sa part, Yahva Mohamed El Hafed Aava
a déclaré qu'il recevait des sommes d'argent
du Ornar Boulsane, soi-disant représentant du
153.
Morocco
07/03/08
JUA
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is reported that he has now gone on hunger strike.
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<> a Las Palmas en Espagne, pour
financer ses activités visant a perpétrer des
actes portant atteinte a l'ordre public.
Le 4 mars 2008. les mis en cause ont été
traduits devant la cour d'appel d'Agadir pour
attroupement anne sur la voie publique et
violence a l'encontre d'un fonctionnaire de
police dans l'exercice de ses fonctions avant
entraIné la mort. Il convient de préciser que
l'interpellation et la mise en garde a vue de
l'intéressé ont été effectuées dans le respect
total des procedures et lois en vigueur. Compte
tenu de ce qui precede. les personnes avant fait
l'objet de ces deux appels urgents ont été
interpelles. non pas pour leurs activités de
defense des droits de l'Homme. lors d'une
manifestation dite pacifique. rnais
principalement pour des actes criminels avant
cause la mort d'un policier en exercice de sa
fonction.
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154.
23/04/08
JUA
HRD;
Enaâma Asfari. co-président du Comité pour le
Par lettre datée du 20/06/08. le Gouvernement
TOR
respect des libertés et des droits humains au
a indiqué que dans la soirée du 15 avril 2008.
Sahara occidental (CORELSO). Dans la soirée du
le dénommé Enaâma Asfari. qui était en état
13 avril 2008. M. Enaâma Asfari aurait été arrété
d'ivresse. a eu une altercation avec une jeune
et agressé phvsiquement par cinq agents de police
femme enceinte. en lui assénant un violent
en civil a Marrakech. M. Asfari aurait ensuite été
coup au visage qui lui a cause une hemorrage
emmené. les veux bandés et menotté. vers une
nasale. puis un autre coup au niveau du ventre
destination inconnue. oü il aurait été dévétu.
avant nécessité son evacuation a l'hôpital en
attaché a un arbre et battu. M. Asfari aurait perdu
presence de trois témoins oculaires. Le
connaissance des suites de ses blessures et
coupable a cause également beaucoup de
conduit a l'hôpital. Le 14 avril au matin.
dégâts matériels au véhicule des agents de
M. Asfari aurait été conduit au poste de police a
la place Jamaa Elafha et aurait été interrogé sur
ses activités de militant des droits de l'hornrne.
Dans la matinée du 15 avril. M. Asfari aurait été
présenté devant le Procureur général de
Marrakech. qui aurait décidé de le traduire devant
une cour de premiere instance le même jour pour
conduite en état d'ivresse, tabassage et blessure,
et possession d'une arnie blanche. La cour aurait
alors décidé de reporter son audience au 17 avril
pour pern ettre a M. Asfari de trouver un avocat.
Le 17 avril. son audience aurait été rep ortée au
21 avril. Lors de l'audience du 21 avril. M. Asfari
aurait déclaré qu'au moment de son arrestation. il
était suivi depuis 3 jours par les services de
police. Il aurait également montré a la cour les
traces des violences dont il aurait été l'objet avant
et pendant sa detention. Il aurait également
déclaré être victime d'un coup monte. expliquant
que tous les premiers interrogatoires conduits par
la police auraient porte exclusivement sur ses
activités de defense des droits de l'homme en
relation avec la situation du Sahara occidental. La
cour aurait ensuite appele a la bane la plaignante
et un des témoins. La plaignante aurait déclaré
que M. Asfari l'avait frappée d'un coup de poing
a l' il gauche, alors que le témoin aurait déclaré
que ce dernier 1 ‘avait frappé d'un coup de tête.
Ces contradictions auraient conduit la cour a
reporter l'examen des faits au 28 avril 2008. Les
observateurs internationaux presents a 1 ‘audience
auraient constaté qu'aucune arnie n'avait été
police qui ont réussi, après son arrestation, a
lui enlever une anne blanche en sa possession.
Sur instniction du parquet. le mis en cause a
été mis en garde a vue et a été présenté a la
justice, le 28 avril 2008, qui l'a condamné a
2 mois de prison fen e et 3700 Dhs d'amende
pour << coups et blessures. ivresse manifeste.
conduite en était d'ivresse et dégâts matériels
causes a un bien d'utilité publique >>. Ces actes
sont sanctionnés par les dispositions de
l'Article 6 de la decision 24-1-195 3 et les
Articles 303 bis, 400 et 595 du Code Penal
marocain. Ont été presents a cette audience, en
tant qu'observateurs. un juge italien. une
avocate française, l'epouse de l'intéressé. et
deux autres personnes représentant des ONGs
en matière des droits de 1 ‘Homme. Concernant
les allegations de mauvais traitements qui
auraient été perpetres a l'intéressé durant son
ane station. elles sont dénuées de tout
fondement et demeurent de simples
allegations. D'ailleurs. le procureur du Roi
près du tribunal de 1 ere instance de Manakech
a adressé. le 21 avril 2008. une conespondance
au procureur general dans laquelle il precise
que l'accusé ne portait aucune trace de tortue
durant son audience.
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saisie; que l'état d'ivresse allégué n'aurait fait
l'objet d'aucun constat ou contrôle medical ; que
la plaignante et le témoin a charge seraient en
désaccord sur le déroulement des faits et
qu'aucune enquête n'aurait été rnenée sur les
bnitalités dont M. Asfari aurait été victime.
Depuis le 15 avril. M. Asfari serait détenu a la
prison de Boulemharez a Marrakech. Sa famille
n'aurait pas été indiquée officiellement de son
arrestation. iii du lieu de sa detention .
Abdelkrim Hakkou. âgé de 30 ans, ressortissant
marocain. Le 16 mai 2008. sur le chemin a son
lieu de travail. M. Hakkou aurait été arrété sans
mandat d'arrêt et détenu au secret par les forces
de sécurité marocaines. M. Hakkou aurait déjà été
arrété et détenu au secret en juillet 2005. A cette
occasion. il serait resté en detention pendant cinq
mois j usqu'à sa comparntion devant la justice. qui
l'a innocenté. Le 20 mai 2008. la disparition de
M. Hakkou aurait été signalee au commissariat de
police qui aurait nié l'arrestation et déclaré qu'il
ne faisait pas l'objet de recherche. Le
29 mai 2008. le procureur general du tribunal
d'appel de Meknès aurait été saisi. Le Ministre de
lajustice. le Ministre de l'inténeur et la
primature. ainsi que le directeur general de la
süreté nationale auraient egalement été saisis. Le
30 mai 2008. une plainte a été déposée auprès du
Ministre de la justice qui a repondu qu'il ne
disposait d' aucune infon ation. Le commissariat
de police. le procureur general du tribunal d'appel
de Meknès. le Ministre de la justice. le Ministre
Par lettre datée du 06/08/08. le Gouvernement
a indique que dans le cadre du démantèlement
d'une cellule terroriste liée a Al Qaida. la
police judiciaire a procede. le 1 juillet 2008. a
l'arrestation de 35 personnes dans plusieurs
villes du Rovaurne dont le dénornmé
Abdelkrim Hakkou.
Cette cellule est impliquee dans le
recnitement. l'encadrement et la fonnation des
volontaires. candidats aux operations
kamikazes. soit pour les envover en Irak soit
pour rejoindre les campements militaires lies
au réseau << Al Qaida dans le Maghreb
islamique >> et revenir ensuite au Maroc pour v
mener des attentats terroristes contre les
intéréts nationaux. Après deux prorogations de
la penode de sa garde a vue. M. Hakkou a été
présenté au Procureur Général du Roi près la
Court d'appel de Rabat le 11 juillet 2008. Sa
famille a été notifiée de cette procedure.
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29/07/08
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Il convient de signaler que la durée de la garde
de l'intérieur et la prirnature. ainsi que le directeur
général de la süreté nationale. ont été contactés
sur le cas de disparition de M. Hakkou. Le
3 juillet 2008. les autorités marocaines auraient
annoncé a la presse qu'ils avaient procédé. le ler
juillet. a l'arrestation de 35 persoimes dans le
cadre d'une enquête sur le démantèlement d'un
réseau terroriste lie a Al Qaida Maghreb. Le
3 juillet. un avocat designe par la famille Hakkou
aurait contacté le Procureur Général pour lui
demander une réponse écrite sur la detention
effective. le statut judiciaire de M. Hakkou.
l'autorisation de rendre visite a son client et la
consultation de son dossier. Le ii juillet.
M. Hakkou aurait été présenté aujuge
d'instniction de la Cour d'Appel de Sale en
presence de son avocat qui aurait pu consulter son
dossier. puis M. Hakkou aurait été conduit a la
prison Zaki de Sale. C'est a cette date que la
faniille Hakkou aurait finalement eu confinnation
de la detention de M. Hakkou par les autorités
marocaines. Lors d'entretiens. M. Hakkou aurait
alors pu confinner qu'il a été détenu au centre de
detention secret de la DST (Defense et
surveillance du territoire) a Temara pendant
47jours durant lesquels il aurait fait l'objet
d'actes de niauvais traitenient notarnnient la
privation de sommeil. de coups de baton au corps
et a la tête. de tentatives de viol par les
enquêteurs. et ceci dans le but de lui extorquer des
aveux. Il aurait été transféré par la suite a la
brigade nationale de police judiciaire de
a vue pour les crimes lies au terrorisme est de
96 heures. renouvelables deux fois. sur
autonsation écrite du Procureur general du Roi
(Article 66 de code penal). Par ailleurs,
l'avocat de l'intéressé pouvait prendre attache
avec ce dernier des la premiere heure de la
prorogation de la periode de sa garde a vue. Il
était egalement possible a l'inculpe de
demander a l'officier de police judiciaire de
contacter son avocat durant la periode de
prorogation selon la loi en vigueur.
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Casablanca. oü des agents de police auraient
tenté. sans succès. de lui faire signer un procès
verbal contenant des aveux. Les agents auraient
alors menace de le renvover au centre de
detention secret a Temara. M. Hakkou serait
actuellement touj ours détenu a la prison de Zaki a
Sale; et a ce jour. aucune poursuite judiciaires a
son encontre n'aurait commence.
156.
Follow-up
to earlier
cases
Rachid et Oulhadj Mohamed; Addouch
Hamid. Alt Lbacha Youssef, Ait-Lkaid Idir.
Chami Mohamed. Hjja Younes. Noun
Mohamed, Oussay Mustapha. Ouddi Amer.
Taghlaoui Amer et Zaddou Mohamed;
(A/HRC/7/3/Add.i. para. 156).
Par lettre datée du 20/06/08, le Gouvernement
a indiqué que le 10 mai 2007, des étudiants
membres du << Mouvement Culturel Amazigh>>
se sont affrontés avec des étudiants se
réclamant du Nahj Addimoqrati Al Qaidi de
<>. dans l'enceinte de
l'Université Moulav Ismail de Meknès. Avant
subi des blessures suite a ce affrontements.
l'étudiant Mostapha Oussavi. membre du
<< Mouvernent Culturel Arnazigh >> a décidé.
lors d'une reunion tenue a son domicile avec
d'autres membres. de se venger des étudiants
du Nahj Addimoqrati Al Qaidi.
Lors de cette reunion. l'acquisition et la
distribution d'armes blanches ainsi que la
repartition des taches pour 1' accomplissement
des faits envisages a été décidé. Ainsi. il a été
demandé aux étudiants Ouadi Omar. Taghlaoui
Omar. Ait Al Qaid Idrir et Zeddou Mohamed
d'attendre que d'autres étudiants du
Mouvement puissent provoquer des
affrontements avec les étudiants du Nahj
Addimoqrati. pour passer a l'attaque et
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executer leurs actes de vengeance.
Lors de ces affrontements, les deux groupes
antagonistes se sont échangés des jet de pierres
qui ont occasionné la chute de l'étudiant
Sassioui Tahar, membre tu Nahj Addimoqrati
Al Qaidi, qui a été attaqué avec des armes
blanches, par les étudiants Mostapha Ouassai,
Hamid Attouche, Mohamed Annouari,
Youssef Ait Lbacha, Younès Hajj i Mohamed
Chami.
Constatant les graves consequences de leur
attaque, ceux-ci se sont enfuis laissant la
victime gieant dans le sang au milieu d'un
groupe de personnes dont quatre témoins
oculaires. La victime n'a pas pu,
malheureusement, être sauvée en dépit de tous
les efforts déployés.
Sur le lieu du crime, Il a été procédé a
l'arrestation de Moutapha Zemzoumi, Hafid
Inou, Khalid Elmahi, Moussa Ikourachen et
Jalal Merouani, membres du Nahj Addimoqrati
Al Qaidi en possession d'armes blanches.
Les enquêtes diligentées, basées, entre autres,
sur les declarations des quatre témoins presents
lors de ces affrontements, ont abouti a
l'arrestation des dénommés:
• Moustapha Oussay, Hamid Addouch,
Mohamed Noun, YoussefAit-Lbacha,
Younes Hjja, Mohamed Chami, du
<>, qui
ont été poursuivi pour formation d'une
bande criminelle et pour homicide
volontaire avec préméditation
Ouddi Amer, Taghlaoui Amer, Idir
Ait-Lkaid et Mohammed Zeddou, du
<>, ont
été, de leur part, poursuivis pour
appartenance a une bande criminelle et
la participation a un homicide volontaire
avec préméditation
Moutapha Zemzoumi, Hafid Jnou,
Khalid Elmahi, Moussa Ikourachen et
Jalal Merouani, du << Mouvement
Bassiste >> ont été poursuivis pour
possession d'armes blanches dans des
circonstances pouvant constituer un
danger a la sécurité d'autrui
En date du 13 mai 2007, des affrontements ont
eu lieu entre un group d'étudiants appartenant
au Nahj Addimoqrati Al Qaidi et un autre
groupe d'Amazighs qui ont occasionné la mort
de l'étudiant Abderahmane Hasnaoui. Lors de
ces événements, l'étudiant Rachid Kadiri qui a
été transféré a l'Hôpital de Meknès en raison
de la gravité de ses blessures, n'a pas pu être
sauvé et est décédé par la suite. Des dizaines
d'autres étudiants ont été blesses a des degres
divers.
Suite a ces affrontements, un groupe
d'étudiants a été arrété et déféré devant le Juge
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d'Jnstmction qui a décidé de les poursuivre
pour crime, suite a des coupes et blessures, et
pour homicide involontaire.
Sur la base des enquêtes diligentées a ce sujet,
en particulier les declarations du gardien de
l'Université qui a assisté a ces affrontements,
des étudiants ont été arrétés, et ont été
poursuivis pour coups et blessures ayant
entraIné la mort sans préméditation.
En date du 25 octobre 2007, la chambre
criminelle a décidé de poursuivre les
dénommés:
• Sekkou Mohamed et Soulaimane Ouali
pour coups et blessures ayant entraIné la
mort sans préméditation et les a
condamné a 5 ans de prison ferme
• Abdelaziz Saidi, Mohamed Oulhaj,
Rachid Hachami et Noureddine Azakou
pour participation a une bagarre ayant
entraIné la mort et les a condamné a
2 ans de prison ferme
Cette decision a été contestée en appel.
En date du 11 décembre 2007, la Chambre
criminelle de la Cour d'Appel a confirmé le
jugement du Tribunal de Premiere instance en
réduisant les peines pour: .
• Sekkou Mohamed et Soulaimane Ouali a -
deux ans de prison ferme
• Noureddine Azakou a un an de prison
ferme
• Mohamed Oulhaj, Rachid Hachami a
sept mois de prison ferme
• Liberation des autres inculpés
Par la suite, le Procureur Général a formulé le
recours en cassation.
Concernant les allegations faisant état de
mauvais traitement a l'égard des étudiants
arrétés suite aux événements de Meknès, après
leur comparution devant le Procureur Général,
aucune trace de torture ou de mauvais
traitement n'a été signalee sur les étudiants
arrétés suite aux événements de Meknès. De
méme, aucune plainte de torture ou de mauvais
traitement n'a été déposée. Il parait clairement
et sans aucune ambigUite que les étudiantes en
question ont été incarcérées non pas pour leur
origine amazighe mais en raison de leur haine
a l'egard des étudiants appartenant au Courant
Democratique qui les a poussés a commettre
un double meurtre. La legislation marocaine
sanctionne ce genre d'actes produits par la
haine.
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157.
Myanmar
19/02/08
JUA
IJL;
Ms. Khin Sanda Win, a 21-year-old university
MMR;
student. On 29 September 2007, a group of men
TOR
in plain clothes stopped Ms. Win and searched
her bag, tied her hands behind her back and took
her to the Yangon Town Hall. She was detained
with ten unknown men and photographed
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alongside various weapons. The plain-clothed
men forced the detainees to sign confessions that
the weapons had been found in their possession.
Ms. Win refused to sign and was subsequently
stnick on the head with a bamboo rod. That night
Ms. Win was sent to Kyaikkasan Interrogation
Camp. where she was kept without charge or
warrant until 7 October. She was transferred to
Jnsein Prison and held there until 25 October. On
25 October, she was sent to the Hlaing Township
Peace and Development Council office where she
was told to sign a pledge that she would not take
part in any anti-state activities, after which she
was released. During the 26 days of her detention,
she was denied access to a lawyer and not
allowed to contact her family. On 1 November,
two police officers from Kvauktada Township
Station came to her house and informed her that
she would be charged with illegal possession of
amis as per section 19 (e) of the Anus Act,
although the “arn s” they claimed to have found
were a slingshot and some pellets, which are not
listed under the act. When Ms. Win went to court
the next day, the charge put against her was acting
“to endanger human life or the personal safety of
others” under section 336/511 of the Penal Code.
She was granted bail for five million kyat, an
amount that exceeds what a judge can legally
order in such a case. On 12 November, the judge
unilaterally revoked the bail on the grounds that
Ms. Win constituted a threat to security forces
personnel because the charge against her relates to
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the disturbances of September 2007. Since then,
she has been held in Insein Prison in solitary
confinement.
158.
22/04/08
JUA
FRDX:
HLTH;
HRD:
MMR;
TOR
Paw U Tun (alias Mm Ko Naing) (subject of
previously transmitted communications,
A/HRC/7/24. para. 30. A/HRC/4/3 3/Add. 1.
para. 153). Since late March 2008, he has
reportedly been suffering from a severe eve
infection. Mr. Paw U Tun requested to visit an
ophthalmologist, but the prison authorities refused
this request. claiming that an eve doctor would
not be available before May 2008. According to
reports, his eve condition prevents him from
eating and sleeping because of the acute pain.
159.
09/09/08
JUA
FRDX;
MMR;
TOR
Win Tin (subject of previously transmitted
communications. E/CN.4/200 1/66;
E/CN.4/2003/68/Add. 1, paras. 984-985;
E/CN.4/2006/6/Add.i, para. 165; and
A/HRC/4/28/Add.1, para. 32). Since June 2008.
Mr. Win Tin's health has been progressively
deteriorating. He suffers from heart disease and
spondylitis (a condition which causes
inflammation of the joints of the spine), and in
recent months Mr. Win Tin has been experiencing
severe asthma attacks and lung problems. In late
June 2008, a family member who visited Mr. Win
Tin in prison reportedly found him thin and weak.
His current health problems are also preventing
him from eating and sleeping properly. Mr. Win
Tin is allowed to see a doctor on a regular basis
and has been prescribed medication, however the
treatment he is receiving has apparently done
little to prevent further deterioration of his
condition. Since October 1997, Mr. Win Tin has
been treated repeatedly in the prison hospital,
most recently in January 2008 when he underwent
a hernia operation. Mr. Win Tin's poor health has
been exacerbated by his alleged ill treatment in
prison, which has included TOR, inadequate
access to medical treatnient and detention in a cell
designed for military dogs, with concrete floors
and without bedding. He has for long periods of
time been deprived of food and water and has
spent much of his prison term in solitary
confinement. In July 2005. Mr. Win was informed
by prison authorities that he would be released,
together with more than 100 political prisoners in
Jnsein Prison. The majority of the group was
freed, but Mr. Win Tin and around a dozen other
detainees were returned to their cells. Mr. Win
Tin was apparently due for early release in 2006.
His release date is now understood to be planned
for June 2009.
Para.
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160.
12/11/08
JUA
FRDX:
Mr. Zaw Mm. a human rights defender, was
HRD;
reportedly physically and psychologically tortured
IJL;
during his detention in Insein Prison between
MMR;
August and October 2007. After his release,
TOR
Mr. Zaw Mm documented human rights abuses
which he had witnessed in prison.
In late November 2007, Mr. Zaw Mm was
detained under section 505 of the M anmar Penal
Code for sending false information abroad.
Before his case was brought to court, on
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26 March 2008, he was reportedly detained
illegally by military intelligence. All witnesses in
the trial were Special Branch police officers
whose identities are known to us. One of these
witnesses told the court that he got inforn ation
about Mr. Zaw Mm's activities when
interrogating him. It is suspected that torture may
have been used during these interrogations. No
independent witnesses appeared in court .
Aung Zaw Oo (A/HRC/7/3/Add.l. para. 163)
By letter dated 14/02/08, the Government
inforn ed that he had illegal contact with
Fonim for Democracy in Burn ia. which is an
unlawful anti-government organization based
in Thailand. It was found that he had received
financial assistance from that organization and
attended training organized by them. He
illegally left M anmar for Thailand. and then
returned illegally to Myanmar. It was found
that he provided distorted information to
foreign news agencies with the intention to
destroy the interests of the M anmar people.
He was therefore arrested on 3 December 2007
and legal proceedings have been instituted
under section 17(1) of the Unlawful
Associations Act 1908. section 13(1) of
Immigration (Emergency Provisions) Act 1947
and section 505(b) of the Penal Code.
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161.
Follow-up
to earlier
cases
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162.
Nepal
29/02/08
AL
TOR
Tsering Dhundup (also called Kanuyin),
aged 27. Tibetan national. Qinghai Province. On
23 Febniary 2008, he was arrested by the Nepal
Police in a late-night raid on the Tibetan Refugee
Reception Centre. Kathmandu. Around 10.30 p nt
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between 50 and 60 police officers, some in plain
clothes, entered and searched the male
dorn itories where the refugees were sleeping
until they located Mr. Tsering Dhundup. He was
handcuffed and taken to Hanuman Dhoka Police
Station. where he was held for one night. On the
next day he was transferred to the Immigration
Office. It was reported that on 25 Febniarv he was
handed over to the Chinese authorities at the
Tibet-Nepal border at 4.15 p.m. Tsering Dhundup
is alleged to have been involved in the killing of a
Chinese official. It is reported that Mr. Tsering
Dhundup was returned to China without any
judicial decision or appeal thereof, and concern is
expressed that he may be subj ect to torture or
ill-treatment .
163. 29/04/08 UA TOR Umesh Lama. aged 28, residing at
New Baneshwor. in Kathmandu district. currently
hospitalized at Bir Hospital under police
supervision. Around 4 p.m. on 1 April 2008, he
was arrested by about seven plain-clothed police
officers of Metropolitan Police Range. Hanuman
Dhoka, Kathmandu, at Kamalpokhari,
Kathrnandu district. After the arrest he was
transferred to Hanuman Dhoka, where he was
taken to the top floor of the building. There, about
five plain-clothed officers, including the police
inspector, the police sub-inspector, and an
assistant sub inspector, beat Umesh Lama with
sticks and boots. They staniped on his chest and
abdomen with their boots. They cut the skin of his
fingers and other parts of his body with a razor
blade. After about five hours he lost
consciousness. Subsequently he was transferred to
Metropolitan Police Sector, Budanilkantha,
Kathmandu. No medical treatment was provided.
From 2 April, when relatives attempted to visit
him, the police denied that he was in detention.
Only on 8 April was the family allowed to meet
him. Because of his severe injuries, his family
asked the police that he be taken to the hospital,
but the officers declined. On 9 April, Mr. Lama
was finally taken to Om Hospital and Research
Center, Chabahil, and further referred to Bir
Hospital, when his health deteriorated. The
9 April report issued by the doctor at Bir Hospital
stated that Mr. Lama had fever for seven days. he
suffered from abdominal pain and vomiting, and
the colouring of his skin and eyes was yellowish.
He was therefore taken to the police hospital and
found to have jaundice. The doctor's examination
also indicated that he had several marks and that
his legs and fingers were swollen. In accordance
with a referral by Bir Hospital. following a
diagnosis of a severe kidney problem, since
12 April Mr. Lama has regularly been taken to the
National Kidney Centre, Balaju Kathmandu. He
returns to Bir Hospital every da after treatment.
The victim's family submitted an application
requesting medical support as they have no means
to cover the medical expenses. The deputy
superintendent of police assured them that the
police would take care of it. The family was
offered money by some policemen but it has
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received phone calls asking it to withdraw the
application. On 15 April. relatives of Umesh
Lama filed a writ of habeas corpus in Appellate
Court Patan, Lalitpur. The police infon ed the
court that they had remanded him as absentee as
he was hospitalized, but police records show that
they had submitted the case for remand on the
same day. 15 April. The writ is still pending
before the court. The police's Human Rights Cell
reported that on 21 April, they requested officers
of Hanuman Dhoka to issue a detailed report on
the incident .
164. 17/11/08 AL TOR Ms. S. K., aged 19, Ms. M. K.urisi. aged 13, and
Ms. G. K., aged 13, Birendranagar-6, Surkhet
District. Around 10.30 am. on 14 May 2008, they
were brought to the Surkhet District Police
Office, accused of theft. Around 11 am., three
police officers kicked and stnick S. K. with a
plastic pipe on her back, hands and legs for
30 minutes in order to obtain a confession. She
was then taken to another room where the
policemen continued to beat her with a pipe, a
stick, rested her bound feet on a chair and beat the
soles of her feet for about 10 minutes, inserted a
pin into a toenail, and shocked her right hand. The
beatings continued until 9 p.m. and resumed —
between 10 and ii p.m. at which time she was
released without charge. The officers also slapped
and beat M. and G. K., and released them around
6p.m . __________________________________
Shekhar Gurung, aged 35, Ward No. 32,
Maitidevi. On 31 May 2008, he was arrested by
officers of the Singhadarbar Metropolitan Police
at the Helambu Restaurant on suspicion of
hooliganism, and taken the police station. Five
policemen (a sub-inspector, an assistant
sub-inspector, and three constables) beat him on
the soles of his feet, ankles, behind the knees, and
on his thighs with batons. He was also beaten
with a bamboo stick on the side of his stomach.
He was treated on 10 June for his injuries and
later detained at Hanuman Dhoka District Police
Office.
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165.
Pakistan
07/03/08
JUA
SUMX;
TOR
Zahid Masih, a member of the Regiment/Unit 4
Commando Battalion (Special Service Group)
Chirat. Mr. Zahid Masih was sentenced to death
by hanging by a military court on 10 March 2006
for sodomy and murder of a nine-year-old boy on
1 March 2005. He was held in incommunicado
military pre-trial detention and allegedly
subjected to torture in order to force him to
confess. His appeal of clemency to the President
was turned down, and he is scheduled to be
executed on 12 March 2008.
166.
12/03/08
JUA
TOR;
VAW
Ms. S. N. and her husband, in Lahore, Pakistan.
Tn July 2004, the husband had been kidnapped
and detained in Faisalabad by the ‘Bajwa gang',
and some police officers. Upon receipt of Rupees
(Rs.) 2.2 million, he was released. Both
complained to the police about the kidnapping but
instead of opening a case, the police officers
arrested the husband, illegally detained him and
By letter dated 24/06/08, the Government
informed that the husband of Ms. S. N. was an
employee of the Excise Department, and
involved in the registration of stolen vehicles.
He was suspected in relation to a number of
criminal cases and was taken into custody,
more than one year ago, but escaped. He has
been declared a fugitive. During the judicial
asked him for Rs. 1.4 million. When they
demanded an additional Rs. 5 millions. Ms. S. N.
filed a writ at the Lahore High Court for her
husband's release, but without success. It is
alleged that the Chief Justice of Lahore High
Court is a close relative of the policeman who
refused to act on the complaint. Ms. S. N. also
complained to the national accountability bureau,
but the officers there refused to register her case.
All of Ms. S. N.' s property was confiscated. The
husband was finally released. In April 2005,
Ms. S. N. went to Parliament to make a complaint
but she was taken to jail. She was subsequently
released on bail, and a few days later kidnapped
by four persons outside her house in Johar Town.
Lahore. She was taken to an unknown place and
allegedly raped and ill-treated by the policeman
who had refused to register her complaint in the
presence of several other persons. On
2 September 2005, Ms. S. N. recorded her
statement before the inquiry committee at the
Office of the Human Rights Commission of
Pakistan (HRCP). On that occasion, Ms. S. N.
presented some evidence, such as her clothes,
which the perpetrators had torn apart, several
marks on her body and eye witnesses who saw
her injured after she had been ill-treated.
Subsequently, Ms. S. N. ‘s lawyer filed a writ
petition at the judicial tribunal in the Supreme
Court of Pakistan, which ordered the police to
register Ms. S. N's First Jnfon ation Report. The
police only registered it three months later and
inquiry, sufficient evidence was provided to
show that he is still alive and was in contact
with his wife, and a few other individuals,
during the last year. The allegation that
Ms. S. N's husband has been killed is
therefore incorrect. Ms. S. N. also filed a
petition before the High Court, Lahore. The
court dismissed the petition on 13 July 2005.
Neither Ms. S. N. nor her husband have ever
appeared before any court or tribunal after
leveling the allegations of atrocities, high
handedness and gang rape committed by police
officials. Ms. S. N. regularly met with the
process server on each hearing date of the
tribunal but did not appear before it. On
30 August 2005, it was reported in the media
that Ms. S. N. was abducted by the police in
the first week of Ma 2005 and raped. She
never leveled such allegations during the
hearing before the High Court. Both. shef and
her husband made the allegations before the
media but avoided the proceedings of the
tribunal. These allegations have not been
proved. Among the recommendations of the
tribunal, Ms. S. N. should be prosecuted for
publishing accusations of Zinc, without proof
and thereby han ing the reputation of the
accused; and her husband should be subjected
to disciplinary sanctions and a high-level
inquiry into his corrnption activites.
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offered no protection to Ms. S. N. At that point,
judicial proceedings on the case began at the trial
court. On 17 October 2005. the Supreme Court
ordered the immediate arrest of the policemen
mentioned above on charges of abduction, torture
and rape. On 24 November 2005. the district and
sessions court in Lahore granted bail to the
perpetrators. The victim's lawyer wrote many
letters to the Government requesting protection
for Ms. S. N., but no protection was made
available and she and her children have been
regularly ill-treated or attacked by by members of
the police. The same group of persons also
prevented her from physically reaching the Court
in January 2007, so that in March 2007 the case
was dismissed. On 7 May 2007, Ms. S. N. was
going to her lawyer's office to prepare an appeal
to be lodged at the High Court but some police
officers, under the orders of Punj ab Chief
Minister Pervaiz Elahi, kidnapped her in front of
her lawyer's office and kept her in an unknown
location for approximately six months. During
that period, Ms. S. N. was filmed and
photographed naked, was buried in a grave, and
was allegedly raped by the policeman who had
refused to register her complaint, his two
sons-in-law, a Federal Minister and a Provincial
Minister, both close relatives of Punjab Chief
Minister Pervaiz Elahi. S. N. was finally released
and is currently in hiding. She fears being taken
and ill-treated by the police if she tries to contact
her lawyer again.
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167. 07/04/08 AL TOR M. S. R., a 13-year-old fifth grade student at the
Government Primary School Saifal Lark,
Ubavro village, Karachi. On 21 February 2008
around 10 a.m., he was beaten by his teacher.
S's father mshed his son to the nearby Dharki
Hospital after being informed about his injuries.
The boy was transferred to Rahim Yar Khan
Hospital due to his injuries and died shortly after.
The family demanded that the police and the
authorities concerned take strict action against the
teacher involved in S's death. The family also
requested the Sindh High Court chiefjustice and
the provincial ombudsman to take suo motu
notice of the case and provide justice to the
victim's family. No action has been taken so far
neither by the police, nor by the education
department. It is reported that the tacher has a past
record of inflicting corporal punishment on
students, and had previously broken the arm of a
student. Despite an increasing number of cases of
corporal punishment in schools the authorities
concerned have so far ignored the implementation
of the ban on corporal punishment in schools.
Soomar Kaihoro, a 33-year-old labourer, Abran
village, Naushahro Feroze, Nawabshah, Sindh. a Q
On 25 Febmary 2008, he was arrested and
detained at Naushahro Feroze Police Station for
three days on suspicion of theft. During this
period he was beaten and tortured with petrol and ft
chillies by the investigation police. He was
examined at a hospital in Naushahro Feroze, but
168. 17/06/08 JAL FRDX: Abdul Wahab Baloch. Chief organiser of the
HRD; Bculoch Rights Council and well known peace
TOR activist, and Mr.Gulam Mohammad Baloch.
President of the Bcilochistcin Ncitioncil Movement.
Both organisations are based in Karachi, Pakistan.
In the afternoon of 28 May 2008, Mr. Abdul
Wahab Baloch and Mr. Gulam Mohammad
Baloch were arrested while returning from a
peaceful demonstration in Karachi. The protest
had been organized by the Baloch National Front,
to mark the tenth anniversary of nuclear tests
carried out by Pakistan in the southern province
of Chaghi. Balochistan in 1998, and to call for
respect for basic human rights for the local
population. Both, Mr. Wahab Baloch and
Mr. Mohammad Baloch, were speakers at the
event. After the demonstration. Mr. Wahab
Baloch and Mr. Mohaniniad Baloch went to the
Human Rights Commission of Pakistan in
Karachi, where they were due to attend a meeting
to discuss the issue of disappearances in
Balochistan. Before reaching the Commission.
they were arrested by a number of individuals
who covered their heads before forcing them into
heavy duty jeeps. Mr. Mohammad Baloch and
Mr. Wahab Baloch were taken to the Central
Crime Investigation unit in Karachi, where they
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due to his poor condition and the nature of his
injuries on his head, legs, arms, backside, and
knees, he was referred to the NMC Hospital in
Nawabshah. No action has reportedly been taken
against the perpetrators.
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were detained overnight. In the early hours of the
following morning. Mr. Mohammad Baloch was
relocated to Frere Police station where he was
detained for a number of hours before being
released on bail later that day. He was charged
with delivering a provocative speech. Mr. Wahab
Baloch was beaten repeatedly with fists, boots
and sticks during the night of 28 May. whilst
being interrogated about bombings in
Balochistan. On the morning of 29 May.
Mr. Wahab Baloch was transferred to an
unknown location in an unregistered vehicle
linked to several cases of missing persons. Later
that same da he was injected with an unknown
dnig which invoked feelings of numbness, and
subsequently fell unconscious for a number of
hours. On 31 May. Mr. Wahab Baloch was again
transferred to another location, where he was
interrogated about the Watan Brigade, an
unknown militant organization. During his
detention Mr. Wahab Baloch was moved on a
number of occasions, subjected to ill-treatment.
held in solitary confinement in small dark cells
and severely beaten. His whereabouts were not
known until 2 June 2008. when he was
transported by jeep to Kala Pull Bndge in Karachi -
and thrown out of the vehicle. He did not sustain
any injuries on this occasion and was able to then
make his way home .
169. 08/09/08 JAL SUMX; Ms. Fatima, aged 45; Jannat Bibi, aged 38; and
TOR; three children, aged between 16 and 18 years old,
VAW F., H. and R., belonging to the Umrani tribe,
Baba Kot village, 80 kilometers from Usta
Mohammad City, Jafferabad District, Balochistan
Province. On 14 July 2008, Ms. Fatima, Jannat
Bibi, and F., H. and R., were about to leave for a
civil court so that the three girls could marry the
men of their choice. Their decision to be married
in court was the result of several days of
discussions with the elders of the tribe, who
refused them permission to marry. As the news of
their plans leaked out, seven men abducted the
five women at gun point. In a Land Cmiser
bearing a registration number plate of the
Balochistan government, they were taken to a
deserted area, Nau Abadi, in the vicinity of
Baba Kot. Upon arrival the men took the three
children out of the jeep and beat them before
shooting them, leaving them with serious injuries.
The men buried the girls in a wide ditch and
covered them with earth and stones. When the
two older women tried to intervene, the attackers
pushed them into the ditch as well and buried
them alive. The incident was debated in the
Senate, the National Assembly and the Provincial
Assembly of Sindh. In the Senate, Senator
Israrullah Zehri tried to defend the burials stating
that the killings were part of tribal traditions and
that the incident should not be mentioned in the
Upper House. No action has been taken to
conduct criminal investigations into the matter.
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170. 21/11/08 AL TOR On 22 January 2007, Mr. H. B. M. was arrested
for not possessing a national identity card by the
market police near Resham Gali market, Larkana,
Larkana District, and taken to Market Police
Station. Late in the night of 25 January 2007, the
Station Head Officer came in dmnk to the police
station and ordered police officers to fasten the
victim with ropes and chains. The Station Head
Officer then allegedly severed Mr. H. B. M 's
penis with a sharp-edged knife. Early the
following morning, Mr. H. B. M. was found
unconscious lying in the police lock-up in a pool
of blood. The police took him to Chandka
Medical College and Hospital for treatment. The
police allegedly registered an attempted suicide
case, filed a First Information Report No. 17/2007
against Mr. H. B. M., and claimed that he was
mentally ill. It is alleged that Federal Minister
Ghous Bux Mahar called a meeting between the
victim and the alleged perpetrators at his
residence on 12 March to persuade Mr. H. B. M.
to withdraw his complaint against the police
officers in exchange for a cash settlement.
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171.
Follow-up
Mr. Ghulam Nabi, (A/HRC/7/3/Add. 1,
By letter dated 28/08/08, the Government
to earlier
para. 175)
responded that Mr. Ghulam Nabi has no
cases
initiated any proceedings for legal remedy in
relation to torture allegations. Such
proceedings normally include a First
Information Report, a writ petition or a
complaint with the Court Administration.
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VAW
Ms. S. C., Ms. K. E., and Mr. Manuel Merino
(subjects of a previously transmitted
communication. A/HRC/7/2 8/Add. 1. para. 1618).
Ms. C. and Ms. E. are currently detained at Camp
Tecson barracks in San Miguel, Bulacan. Ms. C.,
in addition to being forced to do the laundry for
the camp every day, was sexually assaulted by
several soldiers. One of them is a suspect in the
killing of hunian rights defender and community
leader, Eddie Gumanoy. in April 2003. He is
believed to be identifiable by the tattoo “24th TB”
on his shoulder. Previously the three persons were
held at the 24th Infantry Batallion (TB) camp in
Limay. Bataan. There Ms. C. was tied to a bench
while her feet were raised and soldiers poured
water over her and electrocuted her. When she
admitted that Ms. E. helped her write a letter to
her mother-in-law. Ms. E. was taken outside by
soldiers and raped with wooden sticks. Ms. C. and
Ms. E. have not been seen since June 2007. On
21 November 2007, Ms. C's mother-in-law
testified that she received death threats from
soldiers who visited her home and interrogated
her. Manuel Merino was killed on the basis of an
order issued by a retired Major General that he be
burned to death.
By letters dated 9/10/07, 8/11/07 and 26/02/08,
the Government informed that, according to a
witness, the three persons were abducted by
six unidentified men believed to military
elements. The abduction took place in Puork 6,
Barangay San Miguel. Hagonoy, Bulacan on
26 June 2006 at about 2 am. At about
3.20 p.m., the incident was reported to the
Hagonoy, Bulacan Police Station, and initial
investigations were carried out. On
17 July 2006, a writ of habeas corpus was filed
by relatives of Ms. C. and Ms. E. before the
Supreme Court against four members of the
military. This was dismissed on 29 Ma 2007
because the evidence that the missing persons
were in their custody was not strong enough.
Attempts by the Provincial Intelligence and
Investigation Branch of Bulacan poice
Provincial Office to contact the family of S. C.
were unsuccessful. The press in Calumpit,
Bulacan reported that Ms. C. had been seen on
2 and 4 June 2007. On 25 September 2007, a
case conference was conducted at the Task
Force Usig Secretariat and directed the
investigators to exert more efforts.
172. Philippines
2 1/02/08
JUA
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The details provided in the letter of the Special
Rapporteur are therefore presumably based on
press reports and have not been substantiated.
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173. 30/04/08 JAL FRDX: Violent dispersal of a demonstration. On
HRD: 6 March at about 3 p.m.. approximately
TOR 500 protestors from the region of Southern
Tagalog. arrived in front of the Department of
Labour and Employment (DOLE) in Intramuros
in Manila, after a four-day march. The march was
organized by a group of labour organisations. the
Pagkakaisa ng Manggagawa sa Timog
Katagalugan-Kilusang Mayo Uno
(PAMANTIK-KMU). the Anakpawis (Toiling
Masses) and the Bagong Alyansang Makaba an
(BAYAN-Southern Tagalog). in order to protest
against delays by the DOLE in addressing
pending labour cases. The Labour Secretary
refused to meet with representatives of the
protestors. so they decided to stay in front of the
building and voice their grievances. At around
7 p ni., two fire tnicks from the Manila Fire
Station were positioned close to the protestors.
while forces from the Manila Police District
(MPD) were stationed in front of the DOLE
building. The protestors requested the MPD that
they be allowed to stay until the next day. At
8.45 p.m.. the chief superintendent ordered his
policemen to disperse the protest. The police used
water cannons. tnmcheons. clubs and bladed
weapons against the protesters. Six persons -
Marlon V. Torres. Nestor A. Villanueva. Philip
S. Nardo. Jason A. Hega. Emmanuel J.
Dioneda and Jay D. Aban. were arrested by the
police, taken to the Manila Hospital and then to
the Manila Police District at the United Nations
Avenue. On 7 March they were transferred to the
Regional Trial Court in Manila, where they were
charged with “tumults and other disturbance of
public order” and “direct assaults to persons in
authority” under Batas Pambansa (BP 880) or the
Public Assembly Act of 1985 and the Revised
Penal Code. They were then released “for further
investigation” by the prosecutor. Marion V.
Torres, 35. Public Inforn ation Officer for
PAMANTIK-KMU, a resident of Jude St,
Cabuyao. Laguna, suffered injuries to his head
and a fractured right anm as stated in the Medical
Certificate from the Opital ng Maynila; Nestor A.
Viiianueva. 50. a member of Samahang ng
Magsasaka sa Buntog (SAMANA-PUMALAG),
sustained a fractured finger and head injuries;
Jason A. Hega. 26, a member of
KASAMA-TK-KMP and a political party
Anakpawis. sustained bniises on various parts of
his body, and cuts and abrasions to his upper
buttock: Phiiip S. Nardo. 23, a member of a
political party Anakba an (Youth of the Nation)
in Cavite, a resident of Barangay (village) Fatima.
Santos, Dasmarinas. Cavite, suffered injuries to
his head and left leg; Emmanuei J. Dioneda, 43.
director for the Labor Education Advocacy
Development and Services and Research Institute
(LEADER), a resident of No. 992 P Vallejo.
Sta. Rosa, Laguna; Jay D. Aban, 28, a resident of
No. 1039 Guevarra Street. Sta. Cniz Manila;
Leo Fuentes, 20, a student of the University of
the Philippines Los Banos (UPLB) and
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chairperson of the University Student Council
(USC), suffered a contusion and a swollen right
anm Joseph Doinarsi, 27, a member of
ANAKPUSO. a resident of San Pedro. Laguna,
suffered eve injuries; Rolando Gonzales, 36, a
member of ANAKPUSO, a resident of San Pedro,
Laguna, was stnick on the head and back;
Joe Francisco, 26. a member of ANAKPUSO. a
resident of San Pedro. Laguna, sustained a
swollen right anm Luis Arikaya, 41, a member
of Kalipunan ng Damavang Mahihirap
(Kadamay), a resident of Sta. Rosa, Laguna,
suffered injuries to his left shoulder;
Jhun Torres, 19, a member of Kadamav. a
resident of Sta. Rosa, Laguna, suffered cuts, and
injuries to his left hand and right knee:
Tirso Bautista, 35, a member of Kadamay. a
resident of Sta. Rosa, Laguna, sustained injuries
to his abdomen; Jay Fabella, 41, a staff member
of Cabuvao Workers Alliance (Cawal). had
contusions to his head, abdomen. arni and leg;
Lucresio Baril, 46, a worker for Toyota Motor
Philippines, a member of the Toyota Motor
Philippines Corporation Workers Association
(TMPCWA), Kadamav National Office, was hit
on his chest, mouth, right shoulder and the
forehead, and his left little finger was cut off by a
sharp weapon; Virgilio C. Clandog, 33, a worker
for Toyota Motor Philippines and a member of
the TMPCWA, had injuries to his head, left-hand
finger and knee: Neil Nacario, 28, a worker for
Hanj in Garments, a member of Aniban ng
Manggagawang Inaapi sa Hanj in (AMIHAN), a
member of Cawal. suffered abrasions to his right
elbow and left hand: Rommel Mariano, 40, a
worker for Toyota Motors Philippines, a member
of the TMPCWA, suffered injuries to his left
hand, head and back; Federico Torres. 33. a
worker for Toyota Motor Philippines, a member
of the board of the TMPCWA-PAMANTIK.
suffered injuries to his left palm, pelvis, right
knee and fingers; Francisco Jose, 26, a member
of the Pamprobinsvang Ugnavan ng mga
Magsasaka sa Laguna (PUMALAG),was hit on
his right hand and elbow; Rolando Gonzales, 36,
a member of the Pumalag. was injured on his left
hand, and the left portion of his back: Ronald
Balcunit. 19, a member of the Solidarity of
Cavite Workers (SCW), suffered injuries to his
lips, left leg, right-hand fingers, and hearing in his
right ear; Reden Busadre, 33, a member of the
National Coalition for the Protection of Workers
Rights Southern Tagalog (NCPWR-ST), suffered
injuries to his back and right-hand fingers;
Mark Anthony Baculo. 22, a member of the
Southern Tagalog Cultural Network (STCN), a
resident of No. 409 Jude Street, Barangav Sala,
Cabuvao. Laguna, suffered injuries to his left
hand and back; Noel Sanchez, 41, a chief steward
of the Union of Filipro Employees Dnig Food
Alliance-Kilusang Mayo Uno (UFE-DFA-KMU),
coordinator for the Cawal. suffered abdominal
injuries; Noel Alemania, 43, acting president of
the UFE-DFA-KMU, deputy secretary general of
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the PAMANTIK- KMU, suffered injuries on his
back, left leg and stomach; E. D. Cubelo. 36, a
worker at the Toyota Motor Philippines, president
of the TMPCWA, suffered contusions on his
back; Wenacito Urge!, 35, a worker of the
Toyota Motor Philippines, vice president of the
TMPCWA, suffered injuries on his left anm right
elbow, left leg, and abdomen: Roderick Vida!.
25. a worker for the Toyota Motor Philippines, a
member of the TMPCWA, suffered a broken
index finger: Rowe!! De!gado. 24, a worker for
Toyota Motor Philippines, a member of the
TMPCWA, suffered abrasions to his body;
Ro!ando Mingo, 52. chairn an of the Southern
Tagalog Region Transport Sector Organization
(STARTER) and Vice- Chairman ng Pinag-isang
Lakas ng Transport Organization (PISTON),
sustained injuries on his head, right leg and right
wrist; Romeo Legaspi, 46, chairman of the
Pamantik. chairman of a political party
Anakpawis in Southern Tagalog, president of the
Organized Labor Association in Line Industries
and Agriculture (OLALIA-KMU), president of
the Lakas ng Manggagawa Nagkakaisa ng Honda
Cars Phils (LMNH-OLALIA-KMU), suffered
bniises on his forehead and chest;
J.M. Pamu!ak!akin, 24, a resident of Los Banos,
Laguna; Edgardo Laresma, 28, a member of the
ROTOR- STARTER; Jero!d Rosa!es, 26, a staff ________________________________________
174. 21/11/08 JUA TOR, P. I. has three children. A fourth child, her eldest
VAW daughter E., died on 16 July 1994, when she was
18 months old, as a result of profuse bleeding
arising from the forcible perpetration of female
genital mutilation (FGM) on her. P.'s husband's
family had insisted on carrying out FGM on E.
On at least three occasions, members of the
extended family tried to kidnap the two remaining
girls, N., and J. On the last occasion, Mrs. I's
husband was injured when he stmggled with
relatives to prevent them from taking her children.
It was after this incident that Mrs. I. and her
husband decided that she and the children should
leave Nigeria for their safety. As a result, P. I.,
together with her two daughters, claimed asylum
in Ireland in January 2005 on the basis that she
feared for the safety of her two younger
daughters.
P. I 's application for asylum was rejected by both
the Office of the Refugee Applications
Commissioner and the Refugee Appeals Tribunal.
Deportation orders were issued for her and her
two daughters in November 2005. Upon her arrest
for deportation, a solicitor brought an application
for judicial review in the high court, challenging
the Minister for Justice's refusal to allow Mrs. I.
to remain in Ireland on humanitarian grounds.
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of the LEADER; Riza; and Janet Barrientos, 44,
member of the Gabriela Women's Party
(GWP-ST), sustained bmises and a swollen left
arm.
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These proceedings were concluded on
30 January 2008, resulting in a refusal to accept
P.,s application for judicial review.
Mrs. I. then applied for subsidiary protection,
which was refused by the Minister for Justice.
This refusal was again challenged for judicial
review, which was granted on 19 March 2008. An
injunction on their deportation orders was also
placed until 12 November 2008, pending a full
hearing of her judicial review. The case
was due to be heard in the high court on
6 November 2008. As a case with similar points
of law was recently decided in the high court and
appealed to the Supreme Court. it was agreed that
P.'s case should await the outcome of the
Supreme Court decision. However, at the time of
writing P. had still not been given a definite date
for the judicial review and the State has explicitly
refused to agree to extend the stay on their
deportation orders until the hearing. In light of
this, an application was made to the European
Court of Human Rights under Article 34 to
review the case of Mrs. I. The Court has
apparently agreed to hear the case.
It is alleged that the case was never subject to
effective judicial scnitiny and that at no point in
the appeal or judicial review of the asylum
decision was a fresh or comprehensive review of
the facts undertaken. Mrs. I. and her two
daughters are facing deportation back to Nigeria.
FRDX;
HRD;
IJL;
TOR
Ongoing candlelit protests and the following
human rights defenders and lawyers:
Ms. Jae-Jung Lee, Ms. Young-Gu Kang,
Mr.Joon-Hyeong, Ms. Jae-Jeong Lee and
Mr.Gwang-Joong Kim, members of Lawyers for
a Democratic Society (MINBYUN); Mr. Jin-Geol
Ahn, member of People ‘ Solidarity for
Pardcipatory Democracy and team manager with
the People ‘s Association forMeasures against
Mad Cow Disease (an organization made up of
1700 south Korean NGO's); Ms. Hee Sook Yoon,
Vice-Chairperson of the Korea Youth Movement
Council and Ms. Nae Rae Lee, a 21 year old
student. In May 2008, candlelit vigils began
against the Government's decision to resume
US beef imports, amid public concerns related to
health and food-safety. Since they began, the
protests have taken place every night in major
cities across South Korea. The protest movement,
which started as a way of demanding that beef
imports from the United States to the Republic of
South Korea be re-negotiated, has since become a
stage for a broad range of political grievances,
from high fuel prices to health care privatization
and the cost of education. Since 4 May, over
1,000 protesters have reportedly been anested and
there have been numerous complaints related to
the excessive use of force by riot police and
violations of the right to assemble during the
candlelight vigil. Reports claim that on 31 May
and 1 June, police used fire extinguishers and
water cannons fired at close range against largely
By letter dated 15/10/08, the Government
indicated that the four NGOs mentioned in the
letter alleged that the Government restricted
their right to freedom of opinion and
expression and to freedom of assembly and
demonstration during the candlelight
demonstrations. Their allegations are based on
incorrect and misleading facts. The
Government protects the right to freedom of
opinion and expression and the right to
freedom of lawful and peaceful assembly and
demonstration. In order to protect public order
and the rights of other citizens, however, a
minimum of measures against unlawful violent
demonstrations as well as abusive exercise of
the right to freedom of opinion and expression
are necessary in accordance with international
human rights laws and domestic laws.
Articles 19 (3) and 22 of the International
Covenant on Civil and Political Rights
prescribe that the exercise of rights may be
subject to certain restriction for respect of the
rights or reputation of others and for the
protection of public order.
175.
Republic of
Korea
28/07 /08
JAL
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peaceful demonstrators, causing serious injuries
such as blindness, broken bones and concussions.
On 17 July 2008, riot police reportedly dispersed
thousands of citizens who were participating in
candlelit protests, with water canons containing
florescent material, apparently to identify
protesters for arrest. Furthermore, in the morning
of 26 June 2008, Mr. Joon-Hyeong Lee was
monitoring one of the protests on behalf of
M1NBYIJN's Human Rights Infringement
Monitoring Team in Seoul. At the time, Mr. Lee
was reportedly wearing ajacket which clearly
indicated that he was attending the protest in his
capacity as a monitor. At approximately 1 a.m.,
police officers purportedly attempted to disperse
the crowd with water canons and a short time
later used their shields to force an end to the
protest. One of the police officers reportedly
stmck Mr.Lee on the head with his shield, causing
him to fall to the ground unconscious. Mr. Lee
was transferred to Seoul National University
Hospital, where he was treated for a fractured
skull and internal bleeding. In the evening of
25 June 2008, Ms. Jae-Jung Lee and
Ms. Young-Gu Kang were involved in monitoring
one of the candlelit protests, when they
intercepted police reportedly arresting individuals
who had failed to comply with demands to
disperse. Ms. Lee and Ms. Kang were
subsequently arrested by the police and taken to
Ganbug Police Station in Seoul, where they were
detained for 24 hours. Earlier the same day, at
approximately 4 p.m. Mr. Jin Geol Ahn and
Ms. Hee Sook Yun were arrested for allegedly
“obstnicting police in the course of duty”. At the
time. Mr. Jin Geol Ahn and Ms. Hee Sook Yun
were participating in a demonstration outside
Kyong-bok Palace in Seoul, when police
reportedly began to arrest protesters on the spot.
When Mr. Jin Geol Ahn attempted to prevent the
arrest of a minor, a number of police officers
reportedly seized him from behind, while one of
them forced him to the ground by the neck.
Mr. Geol Ahn reportedly suffered bniising as a
result of the incident and was taken to Jong-ro
police Station along with 30 others. According to
reports. M1NBYIJN lawyers Ms. Jae-Jeong Lee
and Mr. Gwang-Joong Kim were arrested on
1 June 2008 and detained for 6 hours by police
officers. Mr. Kim's arni was reportedly twisted
during the interrogation, while Ms. Lee was
apparently stnick in the chest with a shield. On
the same day. Ms. Na Rae Lee, who was
participating in a candlelit protest, fell in front of
a police convoy vehicle. A riot police officer who
was close to Ms. Lee at the time reportedly began
to kick Ms. Lee in the head while she was still on
the ground. Ms. Lee managed to seek temporary
cover under the vehicle, but was forced to roll out
again because of the engine. She was reportedly
treated for concussion in the local hospital. The
assault on Ms. Lee was captured on video and has
been aired on Munhwa Broadcasting Corporation
(MBC). one of South Korea's main TV stations.
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Russian
Federation
Mukhammadsolikh Abutov. aged 38, an Uzbek
national from Karakalpakstan and forn er Islamic
teacher, residing in Krasnogorsk since
Febniary 2007. On 13 June 2007. he received a
call from an unknown Uzbek who wanted to meet
him. When he left the house, four men in civilian
clothes, who were members of the National
Security Service of Uzbekistan, were waiting for
him on the street. They forcibly took him to the
Krasnogorsk Department of the Ministry of
Internal Affairs for the purpose of processing his
return to Uzbekistan. However, the Uzbek
officers had no arrest warrant for Mr. Abutov and
he was not listed on any international arrest
warrants. The Uzbek officers quickly produced an
Uzbek arrest warrant, dated 26 Febniarv 2007, in
connection with setting up a religious extremist
organization, and on 26 June 2007, the City Court
of Krasnogorsk niled that Mr. Abutov should be
detained for the purpose of his extradition to
Uzbekistan. Mr. Abutov's lawyer appealed, but
the appeal court dismissed his complaint. On
27 June 2007, Abutov was transferred to the
50/10 probationary ward in Mozj aisk. Mr. Abutov
remains in an overcrowded cell. He has chronic
liver disease but has only been seen by a doctor
once, in July, following several requests. He has
asked for further medical attention but to no avail.
At the end of June 2007, Mr. Abutov sent an
asylum application requesting to be recognized as
a refugee on the territory of the Russian
Federation to the department of the Moscow
By letter dated 28/02/08, the Government
informed that Mr. Mukhammadsolikh
Matyakubovich Abutov, a national of the
Republic of Uzbekistan, was detained by law
enforcement agents on 13 June 2007 on the
basis of article 61 of the Commonwealth of
Independent States (CIS) Convention on Legal
Assistance and Legal Relations in Civil,
Family, and Criminal Matters, of
22 January 1993 (“the Minsk Convention”)
and conveyed to the headquarters of the
Ministry for Internal Affairs for Krasnogorsk
municipal district, Moscow region. The
inquiry about Mr. Abutov's detention is based
on a decision issued on 26 Febniarv 2007 in
relation to Criminal Case No. 197-07 by the
Public Prosecutor of the Surkhandarva region
of the Republic of Uzbekistan, stating that he
was under international investigation and
should be held in custody under a pretrial
restraining order. Mr. Abutov is accused of
having comniitted crimes against the
constitutional order of the Republic,
production or dissemination of material
constituting a threat to public security and
public order, and establishment, leadership or
membership of religious extremist,
fundamentalist or other prohibited
organizations. On 13 June 2007, Mr. Abutov
was taken into police custody at the
Krasnogorsk headquarters of the Ministry for
Internal Affairs on the basis of an investigation
176.
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regional department of the Federal Migration
Service. In September 2007, a representative of
the Migration service visited hini for an interview.
Currently, the Moscow Regional department of
the Migration Department is reportedly
considering his asylum application on its merits.
At present, the extradition case is under
consideration by the office of the General
Prosecutor of the Russian Federation. In
July 1996, Mr. Abutov had been sentenced to
seven years in prison on charges of deliberate
destniction and damage to property, for burning
down the home of the imam of the Turtkul
mosque. In detention he was subject to regular
beatings by the guards and some of the prisoners
working for them. He was put in solitary
confinement for long periods. In winter he was
subjected to extreme cold, and he was not given
enough to eat. His access to toilets was restricted,
his sleeping quarters were overcrowded, he had to
perform hard labour, which included carrying
very heavy loads, and he was subjected to regular
punishment for following his religious rituals
(i.e. sleep deprivation, mocking of his religious
convictions, placed with persons seriously ill with
tuberculosis). The overall conditions of
imprisonment led him to attempt suicide twice. In
2000 his term of imprisonment was extended by
three years for “contemptuous violation of the
prison regime”. In total he spent eight and a half
years in prison. In May 2004, Mr. Abutov was
released and he regularly went to Kazakhstan for
order under Case No. 1488 of 15 Ma 2007.
Before being placed in custody, he was
examined by a doctor from Krasnogorsk City
Hospital No. 1. No physical injuries of any
kind were found and no urgent medical
attention was required. On 14 June 2007,
Mr. Abutov complained of pain in the lumbar
region and also informed the management of
the detention unit that he would refuse food,
on the grounds that his detention was
unlawful. The same day, Mr. Abutov was
examined by the police medical officer. As a
result of the examination, symptomatic
anti-inflammatory treatment was carried out to
deal with chronic pyelonephritis. X-rays
conducted on 18 June 2007 revealed no
pathological change. Medical staff concluded
that Mr. Abutov' s state of health was currently
satisfactory and he did not require medical
assistance. The management of the detention
unit and a representative of the Krasnogorsk
public prosecutor's office held discussions
with Mr. Abutov, in which it was established
that there were no grounds for his plairned
hunger strike. The detained man therefore
abandoned his hunger strike and, from
14 June 2007, received the regulatory three
meals a day. For the whole period of his
detention, Mr. Abutov was not held in solitary
confinement, his cell measured 4 square
metres as required by the regulations, and no
physical force was used against him. In the
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work. His family was frequently harassed by
plain-clothed officers asking for his whereabouts
during his absences, and fearing that he would be
sent back to prison, he decided to flee to the
Russian Federation.
course of the daily checks of the detention unit
carried out by staff of the Krasnogorsk
municipal public prosecutor's office, no
complaints about the conditions or actions of
police officers were received from
Mr. Abutov. On 14 June 2007, Mr. Abutov
was questioned by the Krasnogorsk First
Deputy Public Prosecutor, who, on
15 June 2007, concluded that, in accordance
with the Minsk Convention and the legislation
of the Russian Federation, Mr. Abutov should
be handed over to the law enforcement
agencies of the Republic of Uzbekistan. On
25 June 2007, the Krasnogorsk public
prosecutor's office issued a decision that an
application should be made to the courts so
that Mr. Abutov should be held in custody
under a pretrial restraining order. On
26 June 2007, Judge E.V. Isaeva of the
Krasnogorsk municipal court ordered
Mr. Abutov to be held in custody in pretrial
detention. On 2 July 2007, Mr. Abutov was
transferred to Federal State Pretrial Detention
Centre 50/10 of the federal headquarters of the
Russian Federal Corrections Service for the
Moscow region. On 29 June 2007, the
Moscow region public prosecutor's office
received representations from Mr. Abutov' s
lawyer requesting an investigation into the
lawfulness of the actions of the staff of the
headquarters of the Ministry for Internal
Affairs for the Krasnogorsk municipal district,
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Moscow region. An official investigation
established that the activities of the police
officers were lawful; no breaches of the law
were found. On 12 September 2007, the
Moscow regional department of the
Russian Federal Migration Service received an
application from Mr. Abutov to be recognized
as a refugee on the territory of the
Russian Federation, on the grounds that he
feared political and religious persecution in the
Republic of Uzbekistan. On 31 January 2008,
the Migration Service decided to refuse
Mr. Abutov's recognition as a refugee, on the
grounds that he did not meet the criteria
established in the definition of a refugee.
Notification of the decision was sent to
Mr. Abutov on 3 1 January 2008, together with
an explanation of the appeal procedure.
Mr. Abutov has the right to appeal against the
decision of the Migration Service. Under
article 10 of the Federal Refugees Act, this
currently precludes the possibility of him being
returned against his will to the territory of his
State of nationality.
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177.
25/01/08
JUA
HLTH;
Vasily Aleksanyan, aged 36. On 5 April 2006, he
By letter dated 12/03/08. the Government
TOR
was arrested and is currently held at the
infon ed that in accordance with the Federal
investigation isolator (SIZO) of MatrosskaIa
legislation in force and the instnictions of the
Tichina in Moscow. He is suffering from
Procurator General of the Russian Federation,
HIV/AIDS, for which prison doctors prescribed
the procuratorial authorities systematically
urgent therapy and medication 14 months ago, but
monitor the lawfulness of the custody of
he has not received any treatment to date. When
persons suspected of or charged with offences.
he was transferred to a prison hospital in
Several such checks have been conducted in
November 2007, he contracted tuberculosis. As a
result of his illness and the lack of treatment. he
has become almost blind. Repeated requests by
the European Court of Human Rights to transfer
Mr. Aleksanvan to a clinic where proper
treatment could be administered have been
ignored and he remains at the detention facility.
respect of Mr. Aleksanvan. including at the
request of the European Court of Human
Rights, the Russian Human Rights
Commissioner, as well as in response to
articles in the press. As a result of these
checks, it was established that Mr. Aleksanvan
is charged with offences under article 160,
paragraphs 3 (a) and 3 (b), article 174,
paragraph 3. and article 198, paragraph 2, of
the Criminal Code of the Russian Federation.
On 7 April 2006, the Basmannv district court
in Moscow decided to apply the preventive
measure of remand in custody. From
7 April 2006 to 26 October 2007, he was held
in the Federal Penal Correction Service's
remand centre IZ-99/1. According to
infon ation provided by the Federal Penal
Correction Service, on 7 April 2006, he
underwent a routine preliminary medical
examination but categorically refused to
submit to blood tests. Mr. Aleksanvan was
placed under clinical observation in the
medical wing of facility IZ-99/i, since he was
suffering from a number of chronic diseases.
In accordance with the therapeutic standards
for such diseases, on 15 September 2006,
following diagnosis, he was prescribed
treatment, which he refused, as is noted in his
medical records. The reports that
Mr. Aleksanvan contracted tuberculosis while
in the remand centre's hospital are unfounded.
According to inforn ation provided by the
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Federal Penal Correction Service, a medical
examination and laboratory tests conducted by
specialists showed that he was not suffering
from any infectious lung disease. The
allegation that, as a result of illness and the
lack of essential treatment. Mr. Aleksanvan
went blind is also unfounded. As stated in
conclusion No. 509 of the Moscow Health
Department's Forensic Medical Office, the
myopia in Mr. Aleksanyan's left eve was
diagnosed in childhood. The deterioration in
Mr. Aleksanvan's eyesight began in 1977 and
was not caused by conditions in custody. The
assertion that many requests have been made
by the European Court of Human Rights for
Mr. Aleksanvan's transfer to a specialized
clinic where he would be able to receive the
appropriate medical care is also incorrect. The
European Court of Human Rights applied
Rule 39 of the Rules of the Court only once in
respect of Application No. 46468/06. In the
light of Mr. Aleksanvan's concerns about his
state of health, the Court invited the
Government of the Russian Federation to
imniediately secure the treatment of the
applicant in a specialized hospital. The Court's
decision was transmitted to the Federal Penal
Correction Service on 30 November 2007.
However. owing to the deterioration of
Mr. Aleksanvan's health, on 26 October 2007,
his treating physicians had decided that he
should be transferred for inpatient treatment to
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the infectious diseases unit at remand centre
No. 1 (IZ-77/i) of the Federal Penal
Correction Service's department for Moscow.
which has the clearance and the conditions and
facilities necessary for the inpatient treatment
of persons suffering from such illnesses.
Mr. Aleksan an continued to refuse the
therapy prescribed by the specialists of the
infectious diseases unit at facility IZ-77/i.
Pursuant to the Russian Legislation on Public
Health No. 5487-i of 22 July 1993, citizens or
their legal representatives have the right to
refuse medical intervention or request that it be
discontinued. Specialists from the State
health-care system have held a total of nine
consultations and panel meetings. The most
recent panel meeting, involving specialists
from the Moscow Health Department, took
place on 20 December 2007: Mr. Aleksan an
consented to undergo laboratory and
instnimental tests, and recommendations for
further tests were made. The panel of
specialists noted that Mr. Aleksan an
continued to refuse the recommended
medication. While being held in facility
IZ-7711. Mr. Aleksanyan submitted three
applications through the facility's
administration: a request to the Investigative
Committee of the Russian Federation
Procurator's Office to provide a copy of the
Moscow municipal court's decision of
15 November 2007; a cassational appeal to the
Supreme Court of the Russian Federation
against the Moscow municipal court's decision
of 15 November 2007; and a cassational
appeal to the Moscow municipal court against
the Basmannv district court's decision of
19 December 2008. On 23 January 2008, the
criminal case against Mr. Aleksan an was
referred to the Simonov district court in
Moscow. On 24 January 2008, the court
decided to schedule a pretrial hearing for
30 January 2008; at the sanie time, it sent a
letter to Mr. F.G. Tagiev, the director of
facility IZ-77/i. enquiring about
Mr. Aleksanyan's state of health and his
fitness to participate in judicial proceedings.
On 28 January 2008, the court received a reply
signed by the director of facility IZ-77/i.
stating that Mr. Aleksan an was undergoing
medical tests, was suffering from a number of
illnesses and, consequently, had been in the
infectious diseases unit since 26 October 2006;
he had been diagnosed with HIV infection and
had a fever of unknown origin. From the time
of his admission until 20 December 2007. he
had refused to undergo any medical
examination or test in the infectious diseases
unit. In Mr. Tagiev's opinion, the question of
Mr. Aleksanyan's fitness to participate in
proceedings must be decided following a
preliminary medical examination on the da of
the hearing. On 30 January 2008, the Office of
the Procurator-General of the
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Russian Federation carried out a check of the
conditions in which Mr. Aleksanvan was being
held in the general hospital at remand centre
No. 1 in Moscow. It was found that he was in a
private room measuring 17 m2. which meets
all international standards and regulations. The
room had a television. fridge and all the
necessary facilities, including a shower with
hot and cold water. The room temperature was
in line with the relevant standards and
regulations. No violations of the legislation
governing conditions for the custody of
persons suspected of or charged with offences
were found. As part of the check carried out on
30 January 2008, Mr. Aleksan an was
examined by medical staff who declared him
fit to participate in judicial proceedings. At the
pretrial hearing, held on 30 Janua 2008 with
the participation of a procurator from the
Office for the conduct of prosecutions of the
Central Department responsible for the
participation of procurators in the hearing of
criminal cases attached to the Office of the
Procurator-General of the Russian Federation.
the defence counsel and the defendant himself.
the court was provided with a medical
certificate issued by the duty doctor at
facility IZ-77/i on 30 January 2008, which
described Mr. Aleksan an as fit enough to
participate in the proceedings. At the pretrial
hearing, the defence counsel requested the
modification of the preventive measure
imposed against Mr. Aleksanvan and the
suspension of the criminal case on the ground
that he was seriously ill; however, no medical
documentation was submitted to the court by
the defence. When Mr. Aleksanvan
complained of a deterioration in his health in
the course of the pretrial hearing, the court
called the ambulance service. Following the
examination of the defendant by
Mr. A.V. Kabanov, the ambulance doctor,
recommended that the hearing not continue.
the court declared an adjournment until
31 January 2008. On 31 January 2008. when
Mr. Aleksanvan was brought to court, medical
certificates were produced, issued by the duty
doctor and physician at facility IZ-7711, and
describing Mr. Aleksan an as fit enough to
participate in the proceedings. On
3 1 January 2008, the court withdrew to prepare
its decision on the outcome of the pretrial
hearing and to nile on the requests made by the
defence. On 1 Febniarv 2008, when
Mr. Aleksan an was brought to court, a
medical certificate was produced stating that
he was fit to participate in the proceedings.
The court handed down its decision on the
outcome of the pretrial hearing, scheduling a
further hearing for 5 Febrnar 2008. On the
same day, following Mr. Aleksanyan' s
announcement that he was suffering from
cancer, the court sent a letter to the director of
facility IZ-771 1. requesting him to confirn the
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above diagnosis. On 4 Febniarv 2008,
Mr. Aleksan an was transferred to a
specialized health institution, the Botkin
Municipal Hospital, for tests and consultations
with specialists. According to infon ation
provided by the Federal Penal Correction
Service, a panel of specialists comprising the
director of the Municipal Haematology Centre
and a candidate of medical sciences, drew the
following conclusion: “On the basis of
Mr. Aleksanyan's clinical profile and the
histological and immunohistochemical results
of a lymph node biopsy, a diagnosis of stage
3B T-cell lymphoma associated with HIV
infection has been established.
Polychemotherapy in combination with anti
retroviral therapy as an inpatient in a
haematology unit is indicated.” On the same
day, a joint consultation took place with the
Deputy Director of the Federal Aids
Prevention Centre and the Director of the
Centre for the Treatment of Tuberculosis in
HW-Infected Persons, who drew the following
conclusions: “Treatment for T-cell lymphoma
must be prescribed by a haematologist. A
programme of anti retroviral therapy will be
drawn up after the results of laboratory tests
have been received and cytostatic therapy has
been prescribed, for which a further
consultation will be carried out by an
infectious diseases specialist.” This
infonnation was transmitted to the
Sirnonov district court in the southern
administrative area of Moscow. The hearing
was held on 5 Febniarv 2008 with the
participation of a procurator from the Office
for the conduct of prosecutions of the Central
Department responsible for the participation of
procurators in the hearing of criminal cases
attached to the Office of the
Procurator-General of the Russian Federation,
e defendant, his defence counsel and the
aggrieved parties. When Mr. Aleksanvan was
brought to court, a medical certificate was
produced, issued the same day by a doctor at
facility IZ-77/i and describing Mr. Aleksanvan
as fit enough to participate in the proceedings.
On 5 Febniarv 2008, at the hearing,
Mr. Aleksanvan consented to the
recommended treatment. In addition, his
lawyers requested that the preventive measure
should be modified so that he could follow the
recommended course of treatment. On
6 Febniary 2008, the court decided to suspend
the criniinal case until Mr. Aleksanvan had
completed the recommended course of
treatment. The preventive measure of remand
in custody remained in place. In accordance
with the court's decision of 6 Febniarv 2008
and the specialists' recommendations, on
8 Febniarv 2008, Mr. Aleksanvan was
transferred to Moscow municipal clinic No. 60
for the necessary treatment and has remained
there to this date. During the investigation into
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Isa Khalitov. On 27 May 2008, at approximately
10:00 p.m.. Mr. Isa Khalitov was taken away by
arn ed personnel in camouflage gear, near the
village of Goragorsk in the Chechen Republic.
Mr. Isa Khalitov is believed to have been detained
by officers from a police department known as
ORB-2. based in Grozny. His current location and
reasons for arrest are not known. A criminal
investigation has reportedly been opened into his
disappearance. On 27 May 2008 in the morning.
Mr. Isa Khalitov' s father, Mr. Lechi Khalitov had
been arrested by ORB-2 officials. He was
released on 28 May 2008.
the criminal case and his remand in custody.
Mr. Aleksan an was not subjected to any
humiliating or degrading acts or to treatment
that endangered his life or health. Under the
circumstances, no follow-up action by the
Office of the Procurator-General is warranted.
In the course of the internal investigation
conducted, it was established that Mr.
Aleksanyan's allegations regarding the
institutions and authorities of the Penal
Correction System were unfounded. No
disciplinary, criminal or administrative
sanctions were taken against the staff of the
Penal Correction Service.
By letter dated 04/08/08, the Government
informed that the Nadterechn district
procurator's office in the Chechen Republic
received a complaint by Mr. Khalitov' s family
concerning his unlawful detention on
27 Ma 2008 near the village of Goragorsk in
Nadterechn District in the Chechen Republic.
During the investigation conducted by the
Naursk interdistrict investigative department of
the investigative committee attached to the
Office of the Procurator of the Russian
Federation for the Chechen Republic,
Mr. Khalitov stated that, on 27 Ma 2008, he
and K. Mitaev were driving home from
Cherkessk in the Karachai-Cherkes Republic.
In the village of Goragorsk in Nadterechn
district of the Chechen Republic, they were
stopped by militia officers and were requested
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178.
04/06/08
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to proceed to the local militia office since it
was suspected that they were driving a stolen
car. Mr. Khalitov explained how he had
acquired the car, after which the militia
officers apologized and released him.
Mr. Khalitov was worried that he might be
summoned to appear before a law enforcement
agency and, without inforn ing his relatives,
immediately left for Nalchik in a car headed in
that direction. In Nalchik, he staved with his
aunt, whom he requested not to inforn anyone
of his whereabouts. At present. Mr. Khalitov is
at home. During his entire absence, he acted
and moved about of his own free will. The
complainant wrote a statement in which he
requested the tern ination of the investigation
into the complaint, since he no longer had any
grievances. Mr. Khalitov himself submitted a
similar statement. During the investigation it
was established that the family had every
reason to believe Mr. Khalitov had been the
victim of a crime, since no infonnation
concerning his whereabouts was available. As
a result of the investigation it was established
that the case did not involve an offence
covered by article 126 (Abduction),
paragraph 1. of the Criminal Code of the
Russian Federation, since evidence of such an
offence was not objectively confirmed.
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179.
29/07/08
JUA
FRDX;
HRD:
TOR
Zurab Tsetchoev, member of the “Mashr”
human rights group. an organization which
provides support to relatives of people who have
A reply was received from the Government on
21/10/08. but could not be translated in time
for inclusion in this report.
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suffered involuntary disappearances and
ill-treatment at the hands of unidentified security
servicemen in Jngushetia. On 25 July 2008, at
approximately 6 am., several vehicles, including
three “Gazelle” minibuses and three vehicles for
armed troops, stopped before Mr. Zurab
Tsetchoev' s house. Around 50 security officers
approached the gate. When Mr. Tsetchoev opened
the door. they held him at gunpoint and forced
him to la face-down on the ground. Some
servicemen went into the house without showing
any identification or search warrant. They
searched the house, confiscated one computer and
two mobile phones and drove Mr. Zurab
Tsetchoev away in one of the minibuses.
Subsequently, Mr. Zurab Tsetchoev was
interrogated for about five hours. He was accused
of sending lists containing the personal addresses
of law enforcers to the website Ingushet/yct Ru.
When he denied sending these lists, he was beaten
and asked to give the names of the persons who
had sent them. At approximately 12.10 p ni..
Mr. Zurab Tsetchoev was left on a road in
Jngushetia. He was picked up by colleagues and
taken to hospital where he was treated for a
broken leg, as well as bniising to both of his
kidneys and both of his amis. During Mr. Zurab
Tsetchoev' s detention, his whereabouts were not
known. The Ministry of Internal Affairs and the
Prosecutor's Office denied any knowledge about
Mr. Zurab Tsetchoev's detention or the grounds
on which he had been detained.
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180.
03/10/08
JUA
WGAD:
TOR
Abdumutallib Karimov, Uzbek citizen, and
asylum seeker. On ii June 2008, was arrested in
Yoshkar-Ola in connection with an extradition
request by Uzbekistan and is currently detained in
SIZO-i of Yoshkar-Oly. On 1 August, the Mary
El Department of the Federal Migration Service
(FMS) rejected Mr. Karimov's motion to have his
asylum request considered on its nierits. He
appealed against this decision to the next instance.
the FMS, and has not et received a response.
However, in spite of the lack of response from the
FMS and without taking into account the three
month period provided by law for a judicial
appeal against a negative asylum decision,
Mr. Karimov learned on 25 September that the
Deputy Prosecutor General had signed an
extradition decision on 18 September.
Mr. Karimov had witnessed the shootings in
Andijan of 13 Ma 2005, and escaped shortly
after to the Russian Federation, where he settled
in Yoshkar-Ola.
181.
Follow-up
to earlier
cases
Oleg Orlov, Artem Vysotskii, Karen Sakhinov
and Stanislav Goriachikh (A/HRC/7/3/Add.1.
para. 184)
By letter dated 16/01/08, the Government
informed that on 24 November 2007. they
were abducted from the Hotel Assa in the town
of Nazran by unidentified armed individuals
and driven away in a white Gazel car with no
registration plates. They were subsequently
released near the village ofNesterovskaya. All
four citizens had been assaulted by the
criminals. In connection with this incident, on
24 November 2007, the Nazran unit of the
investigative office of the Investigative
Committee within the Office of the Procurator
of the Russian Federation for the Republic of
Ingushetia opened criminal case
No. 200707560126 on the basis of evidence of
the offenses of unlawful entry into a residence
involving the use or threat of force, obstmction
of the lawful professional activities of
journalists through coercion to disseminate or
refrain from disseminating information, and
robbery committed by a group of persons by
prior conspiracy and involving the use of force
such as not to endanger life or health or the
threat of such force. A temporary response unit
of the Ministry of Internal Affairs of the
Russian Federation in the Republic of
Ingushetia is conducting complex inquiries
with a view to identifiying and apprehending
the individuals involved in committing the
crime. The investigation of the case is
continuing under the supervision of the
Ministry of Internal Affairs of the
Russian Federation and the Office of the
Procurator-General of the Russian Federation.
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182.
Saudi Arabia
08/01/08
JUA
WGAD;
Fouad Ahmad al-Farhan, owner of a small
FRDX;
IT company, and an Internet “blogger”. On
TOR
10 December 2007, he was arrested by security
agents at his office and taken to his home, which
was subsequently searched. It is believed that he
is held in connection with his criticism of
Government policies. The Ministry of
Interior acknowledged his detention on
31 December 2007, but the exact reasons for his
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arrest have not been specified. Mr. Fouad Ahmad
al-Farhan is currently being held in
incommunicado detention at Dhaban Prison in
Jeddah. Prior to his arrest he was warned by an
official from the Ministry of the Interior that he
was at risk of being interrogated, believed to be in
connection with his writings on prisoners in his
web journal.
183.
01/04/08
JUA
EDU:
IJL;
MIG;
TOR
Mahmoud Badr Hozbor, born in Al-Ghoutah
al-Sharquia in Syria and resident of Sekaka
(Al-Jouf). On 3 July 2003, he was arrested by the
security services (Al-Mabahit al-Aama) when he
was on his wa to Syria together with his wife
and four children. He was ordered to stop his car,
forced to get out, beaten and taken to an unknown
place. He was held in solitary confinement for
several months. During this period, Mr. Hozbor
was repeatedly beaten on different parts of his
body, suspended from his wrists, deprived of
sleep and threatened with being killed. For six
months after his arrest, in spite of many attempts
to find out, his family had no information about
his whereabouts from the Saudi authorities. They
later learned that he was held at the prison of
Al-Hayr. not far from Riyadh. One night,
Mr. Hozbor was taken out of his cell and taken to
an office where several persons were present for
what appeared to be a trial. One of them, to whom
he mentioned that he had been ill-treated, told
him to shut up and said that he would merit
hanging. This person, presumably the judge,
sentenced him to 18 months' imprisonment. After
sentencing, he was transferred to the detention
centre in Al-Jouf. No one has been able to visit
Mr. Hozbor. He has not had access to any lawyer.
Despite the fact that his prison tern ended on
3 January 2005. Mr. Hozbor has not been
released. It is reported that he was again
transferred to another unknown location. Since
Mr. Hozbor's arrest, his four children have not
been allowed to attend school, and the family has
been deprived of access to certain basic services .
Muhammad ‘All Abu Raziza, professor of
psychology at the University of Um al-Qura in
Mecca, and Mr. Khalid al-Zahrani, a
biocheniistrv lecturer. After a meeting with a
young woman in a coffee shop. Mr. Muhammad
‘Ali Abu Raziza was arrested for being alone in
the company of an unrelated member of the
opposite sex by officials from the Committee for
the Propagation of Virtue and Prevention of Vice.
On 3 March 2008, he was sentenced to eight
months' imprisonment and 150 lashes by a
Criminal Court in Mecca. The sentence was
upheld on appeal by the Court of Cassation at the
end of April. He is at imminent risk of flogging.
In a separate case, in November 2007, Mr. Khalid
al-Zahrani and an unnamed female academic.
were sentenced to flogging and imprisonment by
a court in the town of Al-Mandaq in the Al-Baha
region of western Saudi Arabia for having a
relationship. Mr. Khalid al-Zahrani was sentenced
to 600 lashes and eight months' imprisonment,
while the unnamed female academic received a
By letter dated 28/10/08, the Government
informed that under the terms of Shari'a Court
judgment No. 95/3 of 24/3/1429 AH
(1 April 2008). which was duly ratified,
Mr. Muhammad Ali Abu Raziza was
sentenced to eight months' imprisonment,
from which the time that he had already spent
in detention was to be deducted, and
150 lashes.
The case file of Mr. Khalid al-Zahrani has
been referred to the Court of Cassation. The
measures taken in these two cases are ftill in
accordance with the provisions of the Code of
Criminal Procedure.
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184.
08/05/08
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185. 27/05/08 JUA WGAD: Matrouk al-Faleh, an academic and human
FRDX; rights defender in Saudi Arabia. He was the
HRD; subject of previous correspondence
IJL; (E/CN.4/2005/62/Add. 1, paras 1439-1441). On
TOR 19 May 2008, officers from the secret police
arrested Mr. Matrouk al-Faleh on the premises of
King Saud University in Riyadh. where he
teaches. Whereas his family was inforn ed of his
arrest later that same day. Mr. Matrouk al-Faleh
has not been given access to a law/er or allowed
any visit since then. Mr. Matrouk al-Faleh's
family has not been inforn ed of the reasons for
his detention or what the charges are, and his
whereabouts are currently unknown. Two days
before his arrest, on 17 Ma 2008, Mr. Matrouk
al-Faleh had publicly criticized the harsh prison
conditions in the overcrowded Buraida General
Prison, where two other Saudi human rights
defenders, Mr. Abdullah al-Hamid and
Mr. ‘Isa al-Hamid. are serving prison sentences.
Mr. Abdullah al-Hamid and Mr. ‘Isa al-Hamid
were found guilty of “incitement to protest”,
charges that were brought against them after they
had supported and taken part in a reportedly
peaceful demonstration outside the Buraida
General Prison. The demonstrators called for their
relatives' rights to being promptly inforn ed about
the charges brought against them and to a fair trial
to be respected or, alternatively, to release them.
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sentence of 350 lashes and a four-month prison
sentence. Their cases are currently under review
by the Court of Cassation.
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Mr. Al-Faleh's statement criticized the restrictive
procedures in relation to visits, the unhygienic
conditions, the overcrowding, and the bad quality
of medical services in the prison. His statement
was later reproduced on
http://www.menber-alhewar.info. a Saudi
website. According to the inforn ation received,
on 19 May 2008, access to this site was blocked
for persons in Saudi Arabia. Mr. Matrouk
al-Faleh had previously been arrested in
March 2004 after calling for political reforn , and
was sentenced to six years' imprisonment in
May 2005 on charges that included “sowing
dissent and disobeying the niler”. He was released
after having been granted a royal pardon by His
Majesty King Abdullah on 8 August 2005. Since
his release he has reportedly not been pern itted to
travel abroad.
Saleh Awad Saleh Al Hweiti, aged 62, born in
Riyad, where he studied and lived, stateless and
therefore without any identity documents, a poet
critical of the Government. who denounced
poverty and the marginalisation of << Bidune >>.
His poems have been published and broadcast on
several saudi and international web-sites and
radio programmes. Mr. Saleh Al Hweiti was
arrested on 27 October 2004. For one month his
whereabouts were unknown. Then it turned out
that, following an allegedly unfair trial, he had
been sentenced to 21 months of imprisonment for
defamation of Government officials and was held
in Al Alicha prison not far from Riyad. During
By letter dated 25/11/08, the Government
responded that the competent authorities in the
Kingdom of Saudi Arabia have indicated that
Awad Saleh Al-Hweiti was detained on
30 April 2003 on the basis of a security related
charge (relevant to terrorism activities) and
subsequently released on 23 April 2007. New
accusations made against him then
necessitated his detention on 29 April 2007 for
the purpose of questioning. Since his detention
he has been treated in accordance with the
judicial regulations in the Kingdom, which
respect human rights and comply with the
International Covenants and other conventions.
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186.
22/07/08 JUA
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the interrogations leading to the verdict, he had
repeatedly been beaten. Mr. Saleh Al Hweiti was
then transferred to Al Hayr. from where he should
have been released on 27 September 2005.
Although his family intervened on his behalf, he
was released only 18 months later, on
5 April 2007 in Tabuk. Since he has no identity
documents, the secret service ordered him to stay
in the city and wait for clarification of his
administrative situation. Six days later he was
called in by the security services who arrested
him again. He was then held secretly in different
prisons until 20 January 2008, when he was
allowed to make a phone call from Ta'ef prison.
On 1 July 2008, he was again allowed to call from
a prison in Jeddah. He has not et been brought
before a judicial authority and has routinely been
subjected to beatings and other fon s of
ill-treatnient during interrogations. As a result
several of his face bones are fractured .
187. 13/08/08 JUA SUMX: All Hassan ‘Issa al-Burl. Qassim Bin Rida Bin
TOR Sulayman al Mahdi and Khalid Bin
Muhammad ‘Issa al-Qadih, who have
reportedly been sentenced to death and are at
imminent risk of execution. Ali Hassan ‘Issa
al-Bun. Qassim Bin Rida Bin Sula man al Mahdi
and Khalid Bin Muhammad ‘Issa al-Qadih. were
arrested in 2004 on charges of dnig smuggling.
Qassini Bin Rida Bin Sula man al Mahdi and
Khalid Bin Muhammad ‘Issa al-Qadih were
sentenced to death, and Ali Hassan ‘Issa al-Buri
was sentenced to 20 years of imprisonment and
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5,000 lashes. However, it is reported that during
their interrogation they were held incommunicado
and that their confessions, on which their
convictions are based, were extracted under
torture. In addition, allegedly, they were
convicted following a trial during which they
were not legally represented. The Court of
Cassation reviewed the case and requested a
reduction in the men's sentence. Despite this
niling the Lower Court reportedly maintained the
death penalty for Qassim Bin Rida Bin Sula man
al Mahdi and Khalid Bin Muhammad ‘Issa
al-Qadih and increased Ali Hassan ‘Issa al-Buri's
sentence by sentencing him to death .
188. 14/08/08 JUA IJL; Sentences imposed against seven Filipino migrant
MIG; workers found guilty of a triple murder. Three of
SUMX; them were sentenced to death and four to eight
TOR years' imprisonment and one thousand lashes
each. Edison Gonzales, Rolando Manaloto
Gonzales, Eduardo Arcilla, Victoriano
Alfonso, Efren Francisco Dimaun, Omar
Basillo and Joel Sinamban were arrested in
April 2006 on charges of having murdered three
other Filipino nationals. The seven men were tried
by a General Court in Jeddah and sentenced in
July 2007. Eduardo Arcilla, Edison Gonzales and
Rolando Manaloto Gonzales were sentenced to
death. Victoriano Alfonso, Efren Francisco
Dirnaun, Omar Basillo, and Joel Sinamban were
sentenced to eight years' imprisonment and one
thousand lashes each. The seven men were held
incommunicado and were not given access to
lawyers until April 2008, i.e. eight months after
their conviction and sentencing in first instance.
Allegedly, they were also tortured during
interrogation, including by being beaten on the
soles of their feet, in order to force them to
confess to the murders. The seven men are
currently held at Briman Prison in Jeddah. It
would appear that their appeals are still pending
before the second instance court .
189. 15/08/08 JUA SUMX; Sentences imposed against seven persons,
TOR including four who were children at the time of
the offences, found guilty of theft, robbery and
assault. Five of them were sentenced to death and
two to flogging and imprisonment. Sultan Bin
Khalid Mahmud al-Maskati, Yusef Bin Hassan
Bin Salman al-Muwallad, Qassim Bin ‘Ali Bin
Ibrahim Al Nakhli, Sultan Bin Sulayman Bin
Muslim al Muwallad,'Issa bin Muhammad
‘Umar Muhammad, Bilal Bin Muslih Bin Jabir
al Muwallad and Ahmad Hamid Muhammad
Sabir were arrested in 2004 and charged with
theft, robbery and assault. Bilal Bin Muslih Bin
Jabir al-Muwallad and Abmad Hamid
Muhammad Sabir were aged 15 and 13
respectively at the time of the offences. Sultan
Bin Sulayman Bin Muslim al-Muwallad and ‘Issa
bin Muhammad ‘Umar Muhammad were both
aged 17 when the offences were committed. ‘Issa
bin Muhammad ‘Umar Muhammad and Ahmad
Hamid Muhammad Sabir are citizens of Chad, the
other five of the Kingdom of Saudi Arabia.
Following their arrest, they were held
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incommunicado at police stations in the city of
Madina. There they were allegedly beaten in an
attempt to make them confess. In Febniarv 2008
the General Court in Madina sentenced Sultan
Bin Khalid Mahmud al-Maskati. Yusef Bin
Hassan Bin Salman al-Muwallad. Qassim Bin
‘Ali Bin Ibrahim Al-Nakhli. Sultan Bin Sulavman
Bin Muslim al-Muwallad and ‘Issa bin
Muhammad ‘Umar Muhammad to death. The two
youngest ones. Bilal Bin Muslih Bin Jabir
al-Muwallad and Ahmad Hamid Muhammad
Sabir. were sentenced to “severe flogging” and a
tern of imprisonment. In July 2008, the Court of
Cassation in Mecca upheld the sentences. The
cases are currently before the Supreme Judicial
Council. Allegedly, the seven convicts and their
relatives might not be infon ed of the outcome of
review by the Supreme Judicial Council and of
the date set for the execution of the sentences
until the day that the executions and floggings are
to be carried out.
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190.
2 1/08/08
JUA
IJL;
Sentences imposed against three foreign
By letter dated 27/11/08, the Government
SUMX;
nationals. The three were charged with the
infon ed that Jeddah police transmitted the
TOR
murder of a boy who died in a fight in
suit of these persons to the Commission for
January 2007. Following their arrest, they were
Investigation and General Prosecution (Mecca
held incommunicado for approximately one and a
Branch), regarding a mass quarrel resulting in
half months. They were allegedly beaten in an
the assassination of a Syrian citizen. The
attempt to make them confess. In March 2008,
inquiry and the interrogations made with these
two of them were sentenced to death. Their trial
persons revealed their involvement in the
had taken place over nine sessions, but their
incident, so they were indicted on charges of
lawyer was allowed to attend only the last one or
intentional assassination, after beating him
two, and was allegedly not allowed to challenge
until he died. A charge was also raised against
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the evidence brought against his clients. The
Court of Cassation subsequently reviewed the
case and sent it back to the General Court with
recommendations to review the sentence. On
9 August 2008, the General Court rejected the
recommendations of the Court of Cassation
and/or sentenced the two men to death again. The
case is now again before the Court of Cassation.
If upheld, the death sentences would be submitted
to the Supreme Judicial Council for approval. The
third subj ect was sentenced to 200 lashes and one
year's imprisonment by a Summary Court in
April 2008. Tn his case, the Court of Cassation
recommended that the case be re-tried by a
General Court. which has the power to pass the
death sentence against hint His case is now
awaiting retrial at a General Court.
another man for taking part in the assault and
for making improper advances to a girl,
uttering vulgar and dirty words and for his
complicity and incitement of the quarrel. The
lawsuit was transmitted to the General Court in
Jeddah in order to be examined with regard to
public and private rights. A legal judgment of
4 March 2008 comprised a death sentence
against two men, which was transmitted to the
Court of Cassation. A legal judgment against a
minor was issued, comprising of one year
imprisonment and 200 lashes.
The two adults were held incommunicado.
without any violation of their rights to contact
their lawyers, in the interest of the
investigation, for a period not exceeding
60 days. They were not subjected to torture
and their confessions and avowals were
registered and checked up in the presence of
their lawyer and endorsed by the General
Court in Jeddah.
The governing niles in the Kingdom of Saudi
Arabia is the Sharia which prohibits torture
and the extraction of any confession under
torture. The Sharia proscribes harming any
person held in custody either physically or
morally, and forbids torture or degrading
treatment.
During the first hearing with each of the
accused and before starting the interrogation, a
reading of the guarantees took place, regarding
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their right to call upon the assistance of a
lawyer. They appointed a lawyer who was
present at the hearing and examined the entire
procedure.
191.
Follow-up
to earlier
cases
Saad Ben Zair (A/HRC/7/3/Add.i. para. 197)
By letter dated 22/01/08, the Government
infon ed that he was detained under the
provisions of article 35 of the Code of
Criminal Procedure, and in accordance with an
arrest warrant issued by the competent
authoritiy, for involvement in the crime of
conspiring to blow up the Abqaiq refinery. The
investigating authority deemed it advisable to
extend his detention, in accordance with
article 114 of the same Code, and with
Royal Order No. 7560/MB of 5/6/142 AH.
providing for extension of the period of
detention by up to one year in crimes involving
terrorism and State security, in the interests of
the investigation, and in the light of his
association with other parties in this case. He
is being well treated in confon ity with the
safeguards provided for in article 2 of the Code
of Criminal Procedure, which prohibits torture
or degrading treatment, and in accordance with
his rights guaranteed by the Prison and
Detention Regulations. and the International
Convention against Torture.
192.
Slovakia
04/02/08
AL
TOR
Cage beds are widely used in all Slovak
psychiatric hospitals, and psychiatric wards of
general hospitals. Depending on the institution.
there are, however, large differences in the
number of beds and the frequency with which
By letter dated 08/04/08 the Government
replied that the Slovak Republic considers
torture and other cniel. inhuman or degrading
treatment or punishment one of the most
serious violations of human rights and
they are used. The ones which use cage beds most
often are: Pezinok (Bratislava region), the
University Hospital (Miczkiewiczova Street,
Bratislava), Ru inov (Bratislava), Sokolovce
(Trnava region) and Hronovce (Nitra region). The
use of physical restraints in psychiatric
institutions is governed by guidelines prepared by
the Health Ministry in April 2004. The guidelines
do not constitute a legal act and provide no
enforceable rights to victims. They also do not
require specific registers of restraint use,
independent monitoring, or any other method of
supervision. These guidelines allow the use of
cage beds “as a measure of protection for acute
patients, mostly adults and elderly in deliria”, and
also “for the agitated states of patients with
mental retardation”. Further, the guidelines
require that a doctor order the use of the beds “if
the pharmacotherapy is not effective or has little
effect.” The guidelines do not specify what is
meant by the “necessary time” for which cage
beds can be used. Moreover, deviation from these
guidelines appears to occur frequently. The use of
cage beds during the night is still frequent. They
are often used to confine even non-violent
patients. Some patients are forced to stay in a
cage bed for up to 3-4 weeks.
fundamental freedoms and takes all necessary
steps in tern s of prevention. The Slovak
legislation distinguishes between the ten s
“cage bed” and “net bed”. The use of
cage-beds as means of restraint in healthcare
facilities is prohibited. Based on a
2005 recommendation of the Committee for
the Prevention of Torture of the Council of
Europe (CPT), the Ministry of Health issued
methodological guidelines for all relevant
healthcare facilities outlining the criteria for
indication and use of means of restraint in
medical facilities and specifying the
record-keeping requirements. The means of
restraint, which can be used in healthcare
facilities, are net-beds, belts and isolation
rooms. These guidelines stipulate that the
means of restraint may only be used in case of
imniediate danger to the life or health of the
patient or his/her surroundings due to the
patient's agitation or aggressiveness that
cannot be controlled by other means. The
attending physician is obliged to record the use
of the means of restraint, speci ing the date,
type of restraint, its reason, duration, and the
checks on the patient's vital functions and
overall condition by a nurse. The nurse also
keeps a record on restraints in a nursing file.
The commencement and the tennination of
restraint, its type, and the data on the patient's
condition are recorded. The use of the means
of restraint must be recorded in a special
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logbook kept at each nursing station. Each
entry must include: the serial number in the
year concerned, the patient's name and
surname, the number of the patient's file, the
date and time of restraint (from-to), the type of
the means of restraint used, the physician's and
nurse's names and surnames, and the signature
of the nurse who made the entry. The logbook
shall be produced upon request for control
purposes - to a superior, to the head of the
internal control unit, or to an official
performing an inspection under a mandate
from the Ministry of Health of the
Slovak Republic.
Information concerning social services homes
under the competence of the Ministry of
Labour, Social Affaires and Family of the
Slovak Republic is added as well. Based on the
finding of the CPT, a new Section 1 8a was
inserted into amended Act n. 195/1998 Coll.
on Social Assistance, reading as follows: “No
physical or other means of restraint may be
used when providing care in social services
homes to persons with mental or behavioural
disorders, not even at an acute stage of the
disorder. Under Section 69 a) of the Social
Assistance Act, the state performs supervision
over the provision of social services, in
particular as regards the respect for
fundamental human rights of citizens in the
provision of social services in the
establishments nm by the Ministry of Labour.
Social Affairs and Family of the
Slovak Republic. Since no complaints about
the use of net beds have been filed, no
investigation has been carried out on the use of
net-beds in healthcare establishments of the
Slovak Republic. Notwithstanding, any
involuntary hospitalization in a psychiatric
establishment (which is most often connected
with placement in a protective net-bed) is
subject to a specific examination by an
independent judge of the competent district
court within five working days. Pursuant to
Section 18 of Act 153/2001 Coll. on
Prosecution as amended, the competent
prosecutor makes quarterly inspections of
these hospitalizations and oversees the legality
of the treatment of patients at psychiatric
departments. The prosecutor produces a
written report on the results of the inspection
for the management of the establishment.
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193.
Somalia
29/04/08
UA
TOR
About 40 youths detained at an Ethiopian
military camp in north Mogadishu. On
19 April 2008. Ethiopian forces raided Al-Hidya
mosque in Mogadishu. seizing over 40 students.
all under 18. who were undertaking religious
studies at the mosque. The minors were then
transferred to an Ethiopian military camp in north
Mogadishu. Whereas some of the minors have
been released, Ethiopian soldiers have indicated
that they would release the others once they had
been investigated and if they were not terrorists.
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194.
06/11/08
JAL
SOM:
SUMX;
TOR;
VAW
Ms. Aisha Ibrahim Dhuhulow was found guilty
of adultery, an act considered against Islamic law.
by the Kismayo Sharia court, and sentenced to
death by stoning.
On 27 October 2008, on one of the main squares
of Kismayo. she had her hands and feet tied
together, was then buried up to her neck and
stoned to death by around 50 men, while
thousands of persons watched. She was pulled out
three times to see whether she was dead. When a
relative and others ran towards her, guards opened
fire, killing a child. Since then. Islamist leaders
have promised to punish the guard who had shot
the child.
Allegedly, the accusation against Ms. Aisha
Ibrahim Dhuhulow of adultery was only made as
she attempted to report to the al-Shahab militia
controlling Kismayo that she had been raped by
three men. None of the men she accused of rape
were arrested.
195.
Spain
27/03/08
UA
TOR
Murad Gasayev. de nacionalidad Rusa y origen
étnico Chechenio, quien, de acuerdo con
infon ación recibida, se encuentra actualmente
detenido en la prisión Mansilla de las Mulas en
Leon. El Sr. Gasa ev fue detenido en Agosto
de 2004 en Ingushetia con relación a un ataque
contra un edificio gubernamental por parte de un
gnipo an ado de esa misma localidad sucedido en
junio de 2004. Durante tres dIas el Sr. Gasa ev
fine maltratado durante el interrogatorio acerca de
los ataques de Junio, posteriormente fine puesto en
libertad sin que se le levantaran cargos de manera
forn al. Después de to sucedido el Sr. Gasavev se
refugio en Espafla donde se encuentra
actualmente a la espera de ser deportado a Rusia.
El 8 de Febrero de 2008. la Audiencia Nacional
sentenció que el Sr. Gasavev podrá ser deportado
de una manera segura con base en las garantlas
diplomáticas recibidas de parte de Rusia. Rusia
aseguró que el Sr. Gasavev no será sujeto a la
pena capital o a la cadena perpetua sin posibilidad
de libertad condicional. también aseguró que las
condiciones de detención no serán inhumanas ni
degradantes v que serán compatibles con el
artIculo 3ro de la Convención Europea de
Derechos Humanos. Además Rusia garantizó que
miembros del Comité de la Naciones Unidas
contra la Tortura podrán visitar el Sr. Gasavev v
conversar con él en privado. La decision con
respecto a la deportación del Sr. Gasavev queda
ahora en manos del Consejo de Ministros. ültima
autoridad en cuestiones de deportación.
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19
Sri Lanka
09/04/08
JUA
WGAD:
Peer Adumai Mohamed Rafeek. On
TOR
20 March 2008, at around 9:30 pm. seven
plain-clothes officers, one of whom later
identified himself as belonging to the
Headquarters of the Criminal Investigation
Division (CID) in Colombo. and an eighth official
wearing the uniform of the Special Task Force
(STF). all armed, entered the home of Mr. Peer
Adumai Mohamed Rafeek. Without providing
specific reasons for his arrest, they took
Mr. Rafeek in a white van to the Slave Island
Police Station for questioning. His wife was
invited to come to the police station the following
morning. When she arrived there on 21 March,
she was told by police officers that they were
unaware of the arrest of her husband or of his
case. Mr. Rafeek' s wife has inforn ed the Human
Rights Commission, the Presidential Commission
and the C.I.D. Police Headquarters about the
incident; however. Mr. Rafeek's whereabouts
remain unknown. In view of Mr. Rafeek' s
reported incommunicado detention at an unknown
place of detention, grave concerns are expressed
for his physical and mental integrity .
Gunasundaram Jayasundaram, a dual
Sri Lankan-Irish citizen, usually residing in
Singapore. On 4 September 2007, he was arrested
by Terrorist Investigation Division (TID) officers
at the airport upon arrival from Singapore. He
was arrested without a warrant and on the orders
of the Secretary of Defence. Mr. Javasundaram
has been allowed access to his lawyers twice, in
October and December 2007, despite numerous
written requests to the authorities for access to
legal counsel. The Honorary Consul of the
Republic of Ireland in Colombo has been allowed
to visit him once, on 14 December 2007. On
29 October 2007, a writ of habeas corpus was
filed by his lawyer and four court hearings have
taken place since then: on 23 January. 5 and
26 March, and 11 June 2008. No decision has et
been taken by the court, and Mr. Jayasundaram
has never been presented before the court in
By letter dated 23/07/08, the Government
informed that he was arrested on
5 September 2007 upon his arrival in
Sri Lanka at the Colombo International Airport
on suspicion of his involvement in LTTE
terrorist activities. Preliminary inquiries have
revealed that he was actively engaged in LTTE
activities and, on the direction of the LTTE
hierarchy, has acted as its representative,
raised funds for the LTTE, and purchased
communications equipment from foreign
sources on its behalf. Because the
investigations are not complete, further
information pertaining to the pending
investigations cannot be revealed at this stage.
Mr. Ja asundaram is currently held on a
Detention Order under the provisions of
Regulation 19 (1) of the Emergency
Regulations at Boossa Detention Camp. He is
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197.
19/06/08
JUA
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TOR
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persona. The next hearing is scheduled for
27 June 2008. No charges have been brought
against Mr. Jayasundaram and no trial date has
been scheduled yet. Mr. Jayasundaram has
recently been transfened from the detention
facilities of TID to Boossa Prison, where he spent
16 days in solitary confinement. One of his
relatives was allowed to visit him on 13 June.
Mr. Jayasundaram suffers from high blood
pressure and has mn a fever for about four days,
which has caused muscle spasms, making
movements in his cell difficult. He has to sleep on
the floor, is not provided with any reading
material, and has not been allowed to buy any
food in the canteen.
periodically examined by a Judicial Medical
Officer to review his health and visits are
permitted on a regular and periodic basis to the
next of kin. He was also visited by the
International Committee of the Red Cross, and
the representatives of the Honorary Consulate
for Ireland in Sri Lanka. The right to be
assisted by a lawyer of his choice at a criminal
trial against him at all stages of criminal
proceedings is a right guaranteed to all persons
subject to criminal trials in Sri Lanka. Further,
such trials can be observed by any member of
the public. Inquiries are being continued to
obtain requisite documentary material
cone sponding to the purchases and relevant to
his complicity in other issues related to LTTE
activities, including fundraising and
procurement. The Tenorist Investigation
Division of the Sri Lanka police proposes to
conclude these inquiries expeditiously and
seek the advice of the Attorney General to
consider the possibility of criminal charges, in
accordance with the law.
198.
19/09/08
AL
TOR
M.A. Prasantha Ruwan Kumara, a 35-year-old
lance corporal (S/404896) of the Sri Lanka Army,
Horamula, Demuwatha, Rakwana, Ratnapura
District. On 9 October 2007, around 9 p.m. he
was travelling by motorcycle to a garage when he
was stopped for a traffic infraction by five police
officers from Rakwana Police Station. When he
refused to pay a bribe to the policemen, they
pulled him off his motorcycle and beat and kicked
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hint En route to the Rakwana Police Station he
was beaten again. During his detention at the
police station he was denied food, water, and was
unable to infon his family. Following an
appearance at the Rakwana Magistrate Court he
was released on bail and sought treatment at
Ratnapura Hospital for his injuries.
Ediriweera Arukpatabadige Sugath Rohana
Jayasuriya, aged 31. Polgaha Welana.
Dembarawewa. Tissamaharama. On
29 December 2007, at a road-side hotel, he was
slapped, stnick on his head with a T-56 rifle and
beaten unconscious by officers of Tissamaharama
Police Station. He was taken to the hospital for
treatment and returned to Tissamaharama Police
Station.
A. V. A. U. C., aged 16, Migahajadura,
Soorivawewa Town. On 20 January 2008, around
2.30 p.m. he presented himself at Soorivawewa
Police Station pursuant to a suninions. He was
taken into a room and was beaten with a wooden
stick about the shoulders in order to obtain a
confession relating to a theft and damage to
school property. Later another officer joined in
and beat and slapped him. His friends (N., L. and
C. M.) were rounded up by the police and beaten
in front of villagers with a wooden pole. On
23 January, the boys were remanded to
Hambanthota Prison. The next day at the prison
A. V. A. U. C. was beaten with hosepipes and held
under a table in the guard's room. The boys were
released on bail on 25 January.
Dodampe Gamage Asantha Aravinda and K.J.
Thusara Chaminda. On 28 Febniarv in the
vicinity of Pitabaddara, were involved in an
accident with a tnick as they were riding on their
motorcycle. The tnick driver together with
officers of Pitabaddara Police Station beat the
men. The tnick driver threw acid in
Mr. Aravinda's face resulting in blindness in his
left eye. They were taken to Pitabaddara Police
Station where they continued to be beaten by
officers and the tnick driver, and alcohol was
poured on Mr. Aravinda's acid burns. The two
men were treated at Matara Hospital, and
Mr. Aravinda also received treatment at the
Colombo E e Hospital.
Milton Alovisious Basil Perera, Albert Mawatha.
Thudella. Ja-ela. On 6 March 2008, he was
arrested and taken to Kandana Police Station.
While recording a statement, an officer stnick him
over his right eve and his face. He was told not to
file a complaint and released upon the arrival of
the Officer-in-Charge. Mr. Perera was treated at
Ragama Hospital for his injuries.
Nanda Kumar. a 32-year-old security guard, and
his brother Ramesh Kumar. a 28-year-old
three-wheeler driver, Wijesirigama, Digana,
Rajawella. On 17 April 2008. Nanda Kumar was
arrested by officers of Kand Police Station. At
the station, he was stripped naked and beaten
while suspended upside-down by about five
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officers. On 19 April. Ramesh Kumar was
arrested. In detention, eight officers stripped him
naked, and beat him on the soles of his feet as
well as his ears with an iron bar. The officers
further humiliated him by fondling his genitals.
Malik Roshan Wijayaratne, aged 22,
Ihalagama-Kakirawa. On 2 May 2008. at around
3 p.m. he appeared at Kekirawa Police Station
pursuant to a summons. He was slapped by a
sub-inspector (SI) and questioned about a theft.
The SI and a sergeant took him to a room inside
the station where his hands and legs were tied
using his shirt. A pole was inserted between his
bound hands and legs and the pole was suspended
between two chairs. In this position the officers
beat the soles of his feet, as well as his body. He
fell to the floor when his bindings loosened and
he lost consciousness. Petrol was poured on his
face to revive him. The officers forced him to
jump. and run around the room as they stnick him
with his own belt. The officers forced
Mr. Wij ayartane to sign a statement. He was
released around 4.30 p.m.. and later sought
treatment for his injuries at Darnbulla Hospital.
Solomons Caspas Poul, aged 33, Ambakotte,
Kengalle, Kandy. On 31 May 2008, he was
arrested by officers of Nawalapitiya Police Station
and beaten with batons. On 1 June, he was
transferred to Theldeniya Police Station. On
3 June, about six officers tied his legs and
suspended him from a ceiling. For about two
hours he was beaten all over his bod/ including
the soles of his feet.
Shanthigara Suresh Kumar. a 29-year-old
teacher at Trinity College Kandv. On
11 March 2008, around 2.30 p.m. he presented
himself at Kandv Police Station pursuant to a
police request. He was arrested and placed in a
police cell. During interrogations on 30 and
3 1 March he was stripped naked, hung from the
ceiling and was beaten by six officers. He was
also kicked, burned with cigarette butts on his
head, subjected to chili smoke and electric
shocks. He was told to implicate the school
principal in terrorist activities and to commit
suicide. On 3 1 March he was remanded to
Bogambara Prison and was released on bail on
18 July.
Sarath Kumar Naidos, a 38-year-old
constniction worker. Moragodawatee. Kaspave,
Piliyandale. On 5 July 2008, he was arrested and
taken to Moratuwa Police Station on suspicion of
theft. Repeatedly until 13 July, he was beaten by
an officer named Damith in order to demand the
whereabouts of missing property.
Channa Duminda, a three-wheeler driver. On
23 July 2008. in the late morning, as he was
travelling towards the Main Road, he was
confronted by a sub-inspector and officer of
Ja-Ela Police Station. He was ordered to get out
of the three-wheeler and was stnick on the legs by
an iron bar. As he fell to the ground he was beaten
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on the hips and knees. Other police officers joined
in the beating. He was taken away to Ekala
Industrial Zone where he was beaten again in
front of witnesses, including his family, near
Lordstar Industries. Gallawatta. He was later
taken to Ja-Ela Police Station, where he continued
to be beaten. He received treatment at Ragama
Hospital for his injuries. On 24 July. Mr. Duminda
was remanded into custody until 30 July and
ordered to be held under medical supervision at
the prison hospital .
199. 23/09/08 AL TOR H. T. N., an il-year-old student of St. Lukes
Maha Viduhala. Ratnapura. On 6 Ma 2008, he
was beaten by a teacher upon returning to class
from the toilet. The teacher who is known for
beating his students with a wooden pole, beat the
bo on the back with the pole, as well as his
palms when he tried to defend himself. The
teacher took a bottle of ointment and instnicted
another student to apply it to his palms. H. T. N.
was later treated at Ratnapura Hospital by his
family. This was the second occasion where he
was beaten by the same teacher. Despite a
complaint filed at Ratnapura Police Station on
9 Ma 2008, no action has been taken.
D. K. A:, a 13-year-old student of Ambalanthota
Maha Viduhala. On 13 Febniary 2008, on the wa
to his classroom, he was repeatedly stnick on the
head with a cane by the school principal. Later
when he returned home he complained to his
mother of a headache and fainted. He was taken
to Ambalanthota General Hospital where he
received medical treatment for four days. A
complaint by his mother to the principal was
dismissed by him, and she subsequently filed a
complaint at Ambalanthota Police. The police
originally tried to persuade the family to drop the
complaint. Later inquiries carried out by them
have led nowhere. When the bo returned to the
school, the principal instnicted the other children
to ignore him or otherwise face beatings
themselves. The family has faced harassment by
the principal and his associates .
200. 30/10/08 JAL SUMX: Mr. Seynool Miswar died in Negombo prison on
TOR 3 July 2008 shortly after 4 p.m. Around 3 p.m. on
that day. Seynool Miswar had told his brother,
Mr. Se nool Arbdeen Se nool Aswar, who was
visiting him in prison, that prison officers had
threatened to assault him unless he paid
Rs. 25,000 (approximately USD 232). An hour
later, Seynool Miswar was seen holding his chest
and abdomen in pain and told another prison.
Mr. Se edu Mohmad Ubeyda. that he had been
assaulted by three prison guards. Soon thereafter.
Se nool Miswar fell dead on the floor.
In the subsequent investigation. Abhu Ubeyda
testified to officers from the Crime Section of the
Negombo Police Station. Two prison guards were
taken into remand custody. Back in Negombo
prison after he made his statement to the police,
Abhu Ubeyda was approached by two inmates
who pretended to hit him and pushed him to the
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floor. He was admitted to the prison hospital.
When he was discharged from the hospital, the
Chief Jailor of the prison called him to his office,
asked questions about the incident, and inforn ed
him that he had been released on bail. The Chief
Jailor also told him “we will come and see you at
home. I will give ou Rs. 150.000 if you do not
mention my name in the incident”. Abhu Ubevda
did not accept this offer. On 17 July 2008, at
around 9:45 p.m.. four men in helmets came to his
house, tied him to the window grille and beat him
with a pole for some time. They warned him not
to testify before the court in the case Se nool
Miswar. Abhu Ube da recognized two of the
aggressors as prison guards.
Mr. Siyaguna Kosgodage Anton Sugath
Nishantha Fernando was the complainant in a
fundamental rights case before the Supreme Court
of Sri Lanka (Case No. SCFR. 446/07), in which
he alleged that he had been tortured by policemen
at Negombo Police Station, as well as in a bribery
case in the High Court. He was killed by
unidentified gunmen on 20 September 2008.
Nishantha Fernando had repeatedly complained to
the Inspector General of Police, the Attorney
General, the National Police Commission (NPC) —
and the Human Rights Commission of Sri Lanka.
about the constant threats of assassination he and
his family had been receiving. On 23 June 2008
four men, believed by him to be hired by the
police, arrived at his house and told him to
withdraw the case before the Supreme Court.
They stated that if within 24 hours he did not do
so, he and his family would be killed. Nishantha
Fernando and his family went into hiding and
informed the relevant authorities of the threat. He
returned to his home after a period in hiding
shortly before his death on 20 September 2008.
The police officers named as perpetrators of
torture in his fundamental rights case remain on
patrol in the area.
Mr. Lalith Rajapakse, a torture victim, is the
complainant in a fundamental rights application
before the Supreme Court (filed six years ago, in
2002) and the main witness in a torture case
(Act No. 22 of 1994) against a Sub Inspector of
Police from Kandana Police Station filed by the
Attorney General's Department. On
25 May 2008, at around midnight, three persons,
two of them armed with pistols, arrived near his
house. Lalith Rajapakse saw them approaching
and fled. When he thereafter made a complaint to
the Human Rights Commission about the
incident, he learned that officers of Kandana
Police Station had been spreading the mmour that
he was a notorious criminal, although the Wattala
magistrate's court had already acquitted him in
three criminal cases brought against him by the
Kandana Police after he complained of being
tortured. This - allegedly completely
unsubstantiated - labeling as “notorious criminal”,
combined with the nightly visit by armed men,
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raises concerns that Lalith Rajapakse might be at
risk of becoming the victim of a fabricated
“shoot-out” with the police or killing while
escaping arrest.
On 9 October 2008, the High Court trying the
criminal case against the policeman accused of
subjecting Lalith Raj apakse to torture acquitted
the defendant. It would appear that the judge. who
reportedly is the same judge who acquitted the
defendant in the case regarding the torture of
Gerald Mervin Perera, found that the evidence
was insufficient to establish that Mr. Lalith
Rajapakse had been tortured. This conclusion was
reached in spite of medical evidence allegedly
indicating that Lalith Raj apakse (who spent
16 days in hospital at the time of the alleged
torture incident in 1992) had injuries on the soles
of his feet and a cerebral contusion which had
_________ caused edema to the brain.
IJL; Marhul Gbryrham. Fitouy Fshai Yingbr
TOR; Mikaeel. Disiby Tsfa Brhan Hagoss and Ablom
WGAD Tfisty Gbry Slasy. all of whom are Eritrean
nationals, and Haroun Idriss. Abdala Suliman.
Badreldin All. Mohamed Amin Nardi. Ibrahim
Atbana. and Argana Slfim. all of whom are
Ethiopian nationals. The Eritreans are currently
detained by the security forces at Port Sudan State
Prison in Eastern Sudan after apparently evading
compulsory military service in Eritrea. They were
arrested around 2 November 2007 at the Sudanese
border and are held without charge pursuant to the
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18/01/08
JUA
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National Security Forces Act of 1999. Lawyers
have been denied access to them. The Ethiopians
have been detained at Dabak Prison in Khartoum
since 21 December 2007 under the National
Security Forces Act. They were arrested in their
homes in July 2007 together with three other
individuals, Adam Pasilio. Minika Hailo. and
Faisal Mohamed Osman. These three were
deported to Ethiopia on 27 September 2007
following a niling by the Khartoum North
Criminal Court after they had confessed to
residing illegally in Sudan. They have since then
been detained by Ethiopian authorities at an
unknown location. The Ethiopians have been able
to meet with at least one family member.
however. they have been refused access to legal
representation. Some of them have enjoyed
refugee status in Sudan since 2004 and were
granted pen ission to remain in the country,
which was renewed periodically. All of the
Ethiopians arrested are Muslims belonging to the
Oromo ethnic group. Mr. Idriss suffers from
irritable bowel syndrome. Mr. Suliman from
diabetes mellitus. Mr. Ali from rheumatism, and
Mr. Amin Nardi from diabetes mellitus.
hypertension and a skin allergy. The fact that the
ten individuals have been detained under the
National Security Forces Act and that
deportations have already taken place indicate a
high risk that removal to their respective countries
of origin is imniinent.
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202.
03/04/08
JUA
SUMEX;
TOR
Al-Tayeb Abdel Aziz, Ishaq Mohammed
Sanousi, Abdel Hay Omar. Mustafa Adam,
Mohammed Birgid, Hassan Adam Fade!,
Adam Ibrahim. Jama!eddin Isa. Abde! Magid
A!i Abde! Magid and Saibr Hassan, who
reportedly have been sentenced to death b/ the
Khartoum-North Court of Appeal for the murder
of Mohammed Taha. Editor of Al-Wifaq
newspaper, in September 2006. Al-Tayeb Abdel
Aziz was only 15 years old at the time of the
murder. All those sentenced to death said they
were tortured in order to confess to the crime and
had been forced to sign confessions, which were
later produced in court. They retracted their
confessions in court, but the Appeal Court
accepted the confessions as evidence against
them. The case has been brought before the
Supreme Court, where a panel of three judges will
hear the appeal. A further appeal is possible to the
Constitutional Court, whose final decision has to
be ratified by the president.
203.
30/04/08
JUA
FRDX:
TOR
Daoud Ahmed A!tahier (chairperson of the
Wade Hauer University Students ‘Association);
Mohmed A!i Hmado; Esmai! Ebaid Abakr;
Adem Babkr Naie!: Ahmed Abdien Hamad
Younies; A!fade! Omer Shamo, student of
Al-Delng University; Mubark Bakhiet
Ebrahim, student of Al-Delng University;
Mahmud Naie! Mohamed: and K. A. M.. a
1 6-year-old high school student in al-Delng.
These nine Darfuris, all members of the Sudan
Liberation Movement, were arrested in a house in
the Hay al-Buga area of the town of El-Obeid in
Northern Kordofan State on 23 Febniarv 2008.
The arrests took place in the context of violence
following the elections for the Kordofan
University Students Union. between Darftiri
students, who claimed that the elections were
rigged, and students affiliated with the niling
National Congress Party. The nine were initially
kept in the custody of the Security Agents Office
for approximately 35 hours, and were then
transferred to Shortat al-Qism al-Awsat Police
Station. While in custody. Esmail Ebaid Abakr
lost his eyesight for several days following severe
beatings by officers, and Daoud Ahmed Altahier
bore marks where he had been hung by a rope.
Alfadel Omer Shamo. Mubark Bakhiet Ebrahim.
Mahmud Naiel Mohamed and Khalid Ahrned
Mansor were released without charges on
26 Febniarv. while the other five men were
released on 4 March and charged with illegal
possession of weapons. rioting and penalty of
rioting under articles 67 and 68 of the
1991 Criminal Act. The court dismissed the first
charge at a hearing on 14 March, and a second
hearing scheduled to take place on 24 April to
decide on the second charges was postponed to
22 May. If found guilty under articles 67 and 68
of the Criminal Act. they face imprisonment of up
to six months, a fine or up to 20 lashes.
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204.
20/05/08
JUA
WGAD;
IJL;
TOR
Mustafa Nasir Al Din Tambor. aged 27,
student, Gamar Eldin Abaker Abu Alkhairat,
aged 27. student. Al Sadiq Abdalla Bashir.
contractor, and Arbab Hussein Abudi Mula
Ibrahim. aged 40, staff member of International
Medical Corps. The four men were arrested by
National Intelligence and Security Services
officers between 13 and 15 April in Zalingei.
West Darfur. Al Sadiq Abdalla Bashir was
arrested on 13 April 2008 and Gamar Eldin
Abaker and Mustafa Nasir Al Din Tambor were
arrested on 15 April 2008 at the market in
Zalingei. During the arrest Ganiar Eldin was
beaten with wooden sticks. Arbab Hussein was
arrested at his home. They have all remained in
the custody of the National Intelligence and
Security Services in Zalingei since then. Arbab
Hussein has not received any visits, while the
other three men have seen their relatives twice.
Witnesses report that the men niight have suffered
ill-treatment. No charges have been laid against
any of the above mentioned individuals and none
of them has been allowed to see a lawyer.
205.
22/05/08
JUA
HRD;
TOR
Hassan Eltaib Yassin, a human rights defender
operating in Port Sudan, and Mr. Faries Abd
Aihay Mohmed Au. student of al-Bahr al-Ahmar
University and member of a student political body
called the Democratic Front, in Port Sudan.In the
evening of 13 Ma 2008, members of the
National Security and Intelligence Service (NISS)
twice visited the house of Mr.Hassan Eltaib
Yassin in Port Sudan, with the intention of
arresting him. However. Mr.Hassan Eltaib Yassin
was not present at these times. It is alleged that
these two attempts to arrest him are linked to his
activities in assisting students who were arrested
and detained by the NISS after clashes between
students at the al-B ahr al-Ahmar University in
Port Sudan on ii May 2008, such as Faries Abd
Alhav Mohmed Ali. who was arrested at the gates
of the Port Sudan Hospital when he was taking
wounded students for treatment. During his
detention Mr.Faries Abd Alhav Mohmed Ali was
beaten with water pipes and kicked with boots by
members of NISS. He was released on 12 May
after being warned that, should he be detained
again, it would be for a much longer period .
206. 27/05/08 JUA WGAD: More than 230 individuals of mainly Darfuri
IJL; origin, including Mr. Adam Ali Shurtai, aged 25.
M1N: from the Fur ethnic tribe, Mr. Al Nour Adam Ali.
RACE; aged 35. Fur, Mr. Mohmed Adam Yagoub,
TOR aged 24, from the Zaghawa ethnic tribe,
Mr. Yagoub Ahmed Ali. aged 30. Zaghawa,
Mr. Mohamed Mohamadain Alnour, aged 35,
Fur, Mr. Ibrahim Mohamed Adam, aged 22,
Mr. Suleiman Ishag Ahmed, aged 23,
Mr. Abaker Haroun Ali. aged 25.
Mr. Abdelrahman Ahmed Jabir, aged 36, Fur,
Mr. Adam Abdelrahman Fadil. student,
Mr. Mubarak Ahmed Bakhat, student,
Mr. Ahmed Orshi, student, Mr. Abdelshakur
Hashim Derar, aged 35, lawyer and member of
the Darfur Bar Association, Mr. Al Ghali Yahya
Shegifat, aged 32, journalist and President of the
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Association of Darfur Journalists. Mr. Abakar
Bakheet. Mr. Abaker Abbas Hussein,
Mr. Abaker Boura Nourain Kirsho, Mr. Abbas
Au Musa, Mr. Abdallah Adam Kiter,
Mr. Abdallah Adam Nahar, Mr. Abdallah Au
Hassan Kendek, Mr. Abdallah Gabar Dousa,
Mr. Abdallah Guma Adam Ghani, Mr. Abdallah
Hassan Jalalledin. Mr. Abdallah Mohamed
Hussein, Mr. Abdallah Saleh Adam Ghani,
Mr. Abdelaziz Osman Sam, Mr. Abdeihaleem
Abdallah Husein, Mr. Abdelkarim Adam
Ibrahim. Mr. Abdelmajeed Mohamed Ahmed,
Mr. Abdelmajeed Mohamed Ishag.
Mr. Abdelmajeed Mohamed Yagoub,
Mr. Abdelmajeed Yahya Ahmed Minnawi,
Mr. Abdelnaser Mohamadain Garannabi,
Mr. Abdeirahim Mohamed Adam,
Mr. Abdelrahman Biringi, Mr. Abdelrahman
Imam Ghaid, Mr. Abdelrahman Mohamed
Jabir, Mr. Abdelrahman Mohamed Khalil.
Mr. Abdeirazeg Ismaiel Hamad,
Mr. Abdeiwahab Mohamed Ahmed, Mr. Aboud
Ibrahim Mohamed, Mr. Aboud Mohamed
Adam Ghani, Mr. Abubakr Khayati, Mr. Adam
Abdallah Abakar, Mr. Adam Abdelrahman
Satour. Mr. Adam Al Tahir Bakheet.
Mr. Adam Bakheet Mohamad, Mr. Adam
Dawood Gerda. Mr. Adam El Thom Guma.
Mr. Adam Fadol. Mr. Adam Guma Seneen.
Mr. Adam Ibrahim Abdelmajeed. Mr. Adam
Ishag Abdou, Mr. Adam Saleh Adam Ghani,
Mr. Adam Siliman. Mr. Adam Yagoub Haroun,
Mr. Adam Yousif Husein. Mr. Adel Elsa
Ibrahim, Mr. Ahmad All. Mr. Ahmed
Abdelkarim, Mr. Ahmed Dawood Gerda,
Mr. Ahmed Hussein, Mr. Ahmed Mohamed
Mujair. Mr. Ahmed Sharaf Al Deen Mohamed
Ahmed, Mr. Ahmed Tougut, Mr. Ahmed Yahya
Abdualla. Mr. Al Bakr Abdelrahman. Mr. Al
Bakr Mohamed Guma. Mr. All Abakar Elsa.
Mr. All Hamed Douda, Mr. All Haroun
Abakar, Mr. Alqeen Yousif Guma Alqeen.
Mr. Alsadig All Kambo, Mr. Anwar Musfafa,
Mr. Anwar Yagoub Rahma, Mr. Assadig
Yousif Mursal. Mr. Azhari Mohamed Idris.
Mr. Azzain Ishag Suleiman. Mr. Azzain Yousif
Suleiman. Mr. Bahar Aldeen Adam All,
Mr. Bahar Aldeen Barood, Mr. Bahar Aldeen
Dawood Ismalel. Mr. Bahar Mohamed All,
Mr. Bakhet Hendega, Mr. Bakhet Salim.
Mr. Bakrl Bashir. Mr. Barood Adam Jaro,
Mr. Busharra Adam Dawood, Mr. Dawood
Sallh. Mr. Derrar Nour Al Deen Mohamed,
Dr. Musa Targouni. Mr. Draig Ibrahim.
Mr. Elsa Abdallah Mohamed. Mr. Elsa
Abdelkarim Ghanl. Mr. Elsa Sulelman Sallh.
Mr. El Thom Duda Khamls. Mr. Fadlallah Al
Hadi Fadlallah. Mr. Faghareldin Haroun
Abdelrahman. Mr. Falsal Hassan Wadi.
Mr. Falsal Ismall Rahma. Ms. Fatma Han.
Ms. Fatma Sabir Bint Gasda. Mr. Gamal
Ahmed Haroun, Mr. Gamal Mohamad
Ibrahim. Mr. Guma Mango Adam Ghanl.
Mr. Guma Shanif Jar al Nabi. Mr. Habib
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Mursal Ahmad, Mr. Hafiz Abdelkarim Idris,
Mr. Hamid Gourni, Mr. Hamid Hassan,
Mr. Hamid Idris Abdeirasoul, Mr. Hamsa
Nasreddin Khamis, Mr. Haroun All Mukhtar,
Mr. Haroun Salih, Mr. Harry Ishag, Mr. Harry
Mahmoud Ibrahim, Mr. Harry Mustafa,
Mr. Hassan Bargo, Mr. Hassan El Thom
Guma, Mr. Hassan Fadil, Mr. Hassan
Mohamed Saboon, Mr. Higazi Abdallah
Hamad, Ms. Hilal Suleiman Osman,
Mr. Hussein Musa, Mr. Hussein Suleiman
Abdelrahman, Mr. Ibrahim Abdelrahm an
Ibrahim, Mr. Ibrahim Dawood All,
Mr. Ibrahim Gibril Sabon (Tager),
Mr. Ibrahim Idris Osman, Mr. Ibrahim
Mohamadain Garannabi, Mr. Ibrahim
Mohamed Idris, Mr. Ibrahim Musa Ibrahim,
Mr. Ibrahim Mustafa Haggar, Mr.Ibrahim
Tahir Guma, Ms. Idris Musa Altag, Ms .Idris
Salim, Mr. Ismail Adam Mohamed Bakhit,
Mr. Ismail Mohamadain Bakhat, Mr. Ismail
Salim, Mr. Izzedin Abdollah Garannabi,
Mr. Jaafar Abaker Mohamed Osman,
p
Mr. Jabir Yousif Al Tahir, Mr. Kamal Dawood
Yousif, Mr. Khalid Mohamed Ahmed,
Mr. Khahl Abdelhahm, Mr. Khamees
Mohamadain Bakhat, Mr. Mahdi Ahmed
Ishag, Mr. Malik All Haroun, Mr. Mansour
Ibrahim Mohamadain, Mr. Mansour Ibrahim
Mohamadain Adam Sebi, Mr. Moatasim
Khatir Bahkat, Mr. Moatasim Mahmood a
Omer, Mr. Moawia Mustafa Shareef,
Mr. Mohamed Abakar Hagar, Mr. Mohamed
Abaker Neeyam All, Mr. Mohamed Abdalla
Gibreel, Mr. Mohamed Abdelgadir,
Mr. Mohamed Abdelrahman Ferdi,
Mr. Mohamed Abdollatif, Mr. Mohamed
Adam, Mr. Mohamed Ahmed Alkalas,
Mr. Mohamed Ahmed Haroun, Mr. Mohamed
Ahmed Muaz, Mr. Mohamed Bahar Aldeen,
Mr. Mohamed Bashar Ahmed Rajab,
Mr. Mohamed Bashir. Mr. Mohamed Dawood,
Mr. Mohamed Hasaballah Osman.
Mr. Mohamed Mahmoud Abdelrahm an,
Mr. Mohamed Mansour Keter, Mr. Mohamed
Musa Abdallah, Mr. Mohamed Musa Ibrahim,
Mr. Mohamed Mustafa, Mr. Mohamed Omer
Bahr Al Deen, Mr. Mohamed Osman Adam,
Mr. Mohamed Sabir. Mr. Mohamed Saleh
Musa, Mr. Mohamed Sharif. Mr. Mohamed
Suleiman Ahmed, Mr. Mohamed Yagoub
Musa, Mr. Mostafa Musa All, Mr. Mubarak
Hassan Arkou Ghani, Mr. Mubarak Mandy
Bakheet, Mr. Mursal Mohamed Ahmed,
Mr. Murtada Abdalla Musa, Mr. Musa
Mohamad, Mr. Musa Tougut, Mr. Mustafa
Haroun Mustafa, Mr. Nasr Abdelah All,
Mr. Nasr Mohamed Ishag, Mr. Neel Taj
Eldeen. Mr. Nour Eldeen Adam All, Mr. Nour
Eldeen Ahmed Mohamadain. Mr. Nour Eldeen
Idris, Mr. Nour Eldeen Mohamed Mahmoud,
Mr. Nour Idris Ibrahim, Mr. Nourein Salim,
Mr. Omar Abdellatif Mohamed Madani,
Mr. Omar Mohamed Abdallah, Mr. Omar
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Saleh, Mr. Omar Yassin Ibrahim, Mr. Osman
Hamadi Batali, Mr. Osman Ishag Khamees,
Mr. Osman Mohamed Musa, Mr. Osman Salih
Ibrahim, Mr. Saif Eldeen Mohamed Mahmoud,
Mr. Saif Eldeen Osman Idris, Mr. Saleh Al
Nour, Mr. Saleh Gabgab, Mr. Sharif Adam,
Mr. Sharif Omda. Mr. Suleiman Abdallah
Mustafa, Mr. Suleiman Dubo, Mr. Suleiman
Mohamed Adam Yagoub, Mr. Taj Eldeen
Mahmood Ibrahim. Mr. Taj Eldeen Yahia
Tagabo, Mr. Taj Harry Khamis, Mr. Tibin
Hussein Osman, Mr. Tigani Bashir, Mr. Turabi
Abakar Gerou, Mr. Walid Ahmed Abdallah.
Mr. Yagoub Basher Hagar, Mr. Yasin Au
Adam Sabon, Mr. Younus Mohamed Sharif,
Mr. Yousif Adam Nahar, and Mr. Yousif
Mohamed Hamed; as well as the following
affiliates of the unregistered “Popular Congress
Party”: Mr. Khatir Jaly Fourawi, Fur,
Mr. Ahmed Altahir Hamdon, Mr. Barood
Sandal Rajab, and Mr. Ibrahim Abd Elrhman.
In connection with an an ed attack by fighters of
the “Justice and Equality Movement”, an an ed
opposition group based in the Darfur provinces,
on the outskirts of Khartoum on 10 May 2008,
more than 200 people, including the
above-mentioned civilians, have been arrested by
the Sudanese Police and officers of the National
Intelligence and Security Services (NISS)
between 9 and 23 May. It appears that the arrests
in the vast majority target Darfuri individuals,
specifically members of the Zaghawa ethnic tribe.
dwelling mainly in the Umbadda district of
Omdurman. While around 500 individuals,
including Mr. Amin Mahmoud Osman, member
of the Fur ethnic tribe and brother of human rights
defender and parliamentarian Mr. Salih Mahmoud
Osman, may, according to unconfirmed reports,
be in the process of being released, more than 230
are still believed to be detained incommunicado at
undisclosed places of detention without charge or
access to lawyers and families. It is believed that
some of them are detained at NISS detention
facilities in Khartoum and at Kober Prison in the
Sudanese capital. However, their exact
whereabouts remain unknown. The
above-mentioned members of the unregistered
“Popular Congress Party” have also been arrested
following the attacks. Their current whereabouts
are unknown. The party's leader, Mr. Hassan Al
Turabi, and Mr. Al-Nagi Abdullah (also known as
Al-Nagi Dahab), Mr. Abubkr Abdalrazeg,
Mr. Albusairy, Mr. Hassen Gubara,
Mr. Tageldien Banaga, Dr. Bashir Adam Rahman,
Mr. Hassan Satti, and around ten other members
have since been released. The majority of arrests
are believed to have been carried out on the basis
of the provisions of the National Security Forces
Act (NSFA), which allows for detention without
charge for up to nine months. During the first six
months, the detainee is denied applications for
review of the legality of detention. The NSFA
reportedly does not provide legal safeguards to
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the detained individuals and effectively provides
for immunity from prosecution for officials who
resort to ill-treatment in detention.
207. 11/08/08 JUA IJL; Death sentences imposed against 30 men
SUD; convicted on charges connected to the attack on
SUMX: Omdun an on 10 May 2008 led by the Justice
TERR; and Equality Movement. Kamal Mohamed
TOR Sabun, Musa Hamid Osman Katar, Yunis
Abdallah Al Nedif Bahar El Deen, a national of
Chad. Musa Adam Hassan Omar. Bahar El
Deen Beshir Idriss. Bushara Abdullah Eissa,
Ibrahim Al Nur Zakaria, Shumu Osman Ishaq
Gibril. Fadul Hussain Rezeg Allah. Mohamed
Arabi Ism all Ahmed, Mahmoud Abaker
Mursal Yahia, Bushara Eissa Mohamed Salih.
Mohamed Adam Abdallah Mohamed,
Mohamed Hashim All Abdu, Haitham Adam
All Adam. Awad Mohamed Hussein, Adam
Abdallah. Haroun Abdelgadir. Mohamed
Mansour Eissa. Osman Rabeh Mursal. Adam
Mohamed Eissa Adam. Ibrahim Abaker
Hashim, Mohamed Sharif Abdallah Suleiman.
Mahmoud Adam, Adam Al Nour
Abdelrahman Osman. Bashir Adam Mohamed
Saleh. Abubaker Ibrahim Breima. Abdallah
Adam Ibrahim Al Duma, Ibrahim All Rashid.
Bashir Adam Sanusi Hashim and Mustafa
Adam Sabun were arrested in the days following
the Justice and Equality Movement (JEM) attack
on Omdunnan on 10 May 2008. Following their
apprehension. they were held without access to
the outside world for over one month and were
not given access to lawyers until after the trial
proceedings opened. As of 18 June 2008, these
30 men and other defendants were presented
before newly created counter-terrorism courts in
greater Khartoum. Five special courts were
created in early June in response to the attack on
Omdun an and these 30 men and other
defendants were brought before three of these
special courts. Observers noticed that the
defendants looked tired and appeared to be in
pain. The defendants complained that they were
subjected to torture or ill-treatment, but the court
did not investigate these allegations and refused
to grant requests by the defendants' lawyers for
independent medical examinations. On 29 and
31 July 2008, the courts airnounced their verdicts.
They sentenced the 30 above-named defendants
to death, acquitted one, and ordered the transfer of
four minors to a detention facility where more
than 90 children captured after the attacks are
being held. One of those sentenced to death,
M. A. Z., is reportedly a minor of 16 years of age,
but his age was not deten ined by a medical
examination. The 30 defendants were found
guilty of a range of criminal charges
defined in the 1991 Criminal Act, the
2001 Counter-Terrorism Act and the 1986 Anus,
Ammunitions and Explosives Act. The charges
included terrorist acts, participation in a terrorist
criminal organization (respectively sections 5 and
6 of the Counter-Terrorism Act), as well as
criminal conspiracy, waging war against the state
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and sedition (respectively sections 24, 51 and 63
of the Criminal Act). In reaching their verdicts,
the courts relied on confessions by the defendants
as the primary evidence, which the defendants
said they were forced to make under torture and
ill-treatment and which they retracted in court.
The court made reference to the Sudanese
Evidence Act which pern its the admission to
judicial proceedings of statements obtained by
unlawful means. The court also relied on the
testimonies by children who have been detained
since the attacks and who stated in court that they
recognized the defendants as having been among
the attackers. We understand that judgments in
respect of 28 further defendants are expected to
be announced shortly, and that charges may be
brought against others currently held without
charge or trial .
208. 22/08/08 JAL MIG: On 23 June 2008 at about 9:00, a Criminal
TOR; Investigation Department Officer (CID)
VAW accompanied by two Southern Sudan Police
Service (SSPS) officers arrested five Ugandan
female traders at a Ugandan Bar in Malakal
(Upper Nile State) and took them for interrogation
to Malakal Police Station. Six other Ugandan
women were arrested in another bar in Malakal.
At the time of the arrest. none of the eleven
women were informed about the reasons for their
arrest. The eleven Ugandan women were detained
at the Malakal police station and only released at
16:30 on 23 June 2008. While in detention, the
women were severely beaten by CID and SSPS
officers and suffered visible physical injuries.
which were seen by IJNMIS Human Rights
Officers. Police officers accused the women of
engaging in prostitution, while at the same time
allegedly trying to force them to have sex with the
officers. Before their release, the women were
threatened and warned not to report this incident
to anybody. The Director of the CID in Malakal
told IJNMIS Human Rights officers that the
eleven women had been arrested because they
were reportedly engaging in immoral activities.
He denied allegations that police officers had
physically abused the women in the process of
interrogation or tried to force them to have sex
with police officers.
We would also like to bring to Your
Government's attention the alleged gang rape of
Ms. A. N., aged 40. Ms. I. U., aged 21,
Ms. A. B., aged 19, Ms. S. L., aged 40, four
Ugandan nationals, by Southern Sudan Police
Service (SSPS) officers in Bor, Jonglei State.
According to information received, three armed
SSPS Officers forced open the door of A. N. ‘s
market shop at around 2 1:30 on 26 June 2008.
Ms. A. N. ‘s housemate S. L. was present in the
shop at the time. The policemen brought along
I. U. and A. B. When A. N. asked the policemen
what they wanted, she was chained to a chair. The
policemen held the four women captive in the
shop and took turns raping them. S. L. had her
arm broken during the attack. It is also alleged
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that the SSPS Officers stole a mobile phone and
1,400 SDG from the women. The policemen left
the shop at 22:30, leaving A. N. chained to the
chair. When A. N. and S. L. went to Bor Police
Station to report the crime on 27 June 2008, the
SSPS Officers present refused to file a case. Only
the woman with the broken arm was provided
with a “fon 8”, on which doctors can note results
of a medical forensic examination. Two of the
rapists were reportedly present at Bor Police
Station when the women attempted to report the
crime. When the women pointed out the alleged
rapists to the duty officer at the Police Station, he
refused to take action .
209. 24/09/08 JUA IJL; Death sentences imposed by counter-terrorism
SUMX; courts. Abdelaziz Al Nour Aousher Fedail. A.,
TERR; Al Taib Abdelkarim Idris Adam. Bashir Adam
TOR Aousher Fedail, Hamid Hassan Hamid Ahmed,
Malik Adam Ahmed Mohamed, Mohamed
Bahar Au Hamadeen, and Tag Al Deen
Mahmoud Abdurahman Au. On
17 August 2008, they were found guilty by a
counter-terrorism court in Khartoum of a range of
offences under the 1991 Criminal Act, the
1986 Arms, Ammunitions and Explosives Act an
and the 2001 Counter-Terrorism Act. They were
sentenced to death. On 20 August, a
counter-terrorism court in Omdurman sentenced
another twelve men to death on similar charges:
Azrag Daldoum Adam. Yahia Fade! Abaker
Adam. Musa Abda!!ah A!i Shugar. Mohamed
Abaker Naser Hussein, Ibrahim Sa!eh A!i,
Idriss Omar Mohamed Ahmed. Mahjoub
Suleiman Adam, Naser Jibreel Adam,
Abdallah Mursal Tour, Adam Ibrahim Nur
Mohamed, James Bol Francis, and Adam
Suleiman Abaker. The court also acquitted four
defendants and referred four others to be tried by
juvenile courts. The defendants were arrested in
the days following the Justice and Equality
Movement (JEM) attack on Omdurn an on
10 May 2008. They were held without access to
the outside world by the National Intelligence and
Security Service (NISS), and were not given
access to lawyers until after the trial proceedings
opened. In reaching their verdicts, the Khartoum
and Omdurn ian counter-terrorism courts appear to
have relied primarily on confessions by the
defendants as evidence. Most of the defendants
said they were forced to make these confessions
under torture and ill-treatment and retracted them
in court. No investigations were opened to
investigate these allegations. One of the
defendants sentenced to death by the Khartoum
counter-terrorism court on 17 August 2008 is a
child. A. is 17 years old and the court accepted his
birth certificate as valid documentation of his age.
It found, however, that since A. was found guilty
of hiraba, or bngandage (Article 167 of the
Criminal Act), a hudud offence, he could
nevertheless be sentenced to death. Article 27 (2)
of the Sudanese Criminal Act allows the death
penalty to be applied for hudud crimes regardless
of age.
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210. 07/10/08 JAL HOUS; Attacks against the civilian population of the
SUMX; villages Logurony and Iloli in Eastern Equatoria
VAW; State by the Sudan People's Liberation Arni
TOR which resulted in the killing and beating of
civilians and destruction of dwellings and
livelihoods on 4 June 2008 and in the following
days. The villages of Logurony and Iloli. located
near Hiyala. in Torit count/ Eastern Equatoria
State, Southern Sudan, have a history of
occasionally tense relationships, due primarily to
cattle raiding incidents. In early June 2008, the
Governor of Eastern Equatoria State dispatched
the Sudan People's Liberation Arnw (SPLA) to
the two villages, apparently with orders to carry
out arrests and disarn the population. On
4 June 2008 at around 4 am. in the morning.
SPLA forces surrounded Logurony. While it was
still completely dark. they started shooting, at first
aiming in the air. The villagers, who were on high
alert due to an expected attack from Iloli. returned
fire. Only when it became light, they realized that
they had killed SPLA soldiers. Fearing retaliation
by the SPLA, they fled into the bush. SPLA
soldiers shot at Logurony villagers, reportedly
killing four: Tome Marcello, the headmaster of
the primary school; Ogesa Orlando, a police
officer; Oreste Ogubung, and Origo Agala. They
also started burning down the village. Two elderly
people, Ojeno Itak and his wife Amisia Itak, died
in their dwelling during the fire. On 21 June 2008.
another elderly woman, Anisa Anohira Oteng,
succumbed to the burn injuries sustained at the
hospital to which she had been taken by SPLA
soldiers. Also on 4 June 2008. SPLA forces
(reportedly counting 300 men) surrounded Iloli.
The soldiers took the inhabitants outside the
village and then started burning down the village,
which killed one woman. Abung Elizabeth. The
SPLA also arrested five men and tied their hands
behind their backs. When news of the SPLA
members killed in Loguronv reached Iloli, the
SPLA Operational Commander came to Iloli and
allegedly ordered the soldiers to execute those
arrested. The five men were led back to Iloli.
Three men, named Bertino Odiongo. Angelo
Otuno Ogede and Francesco Asai Omudek. were
executed on the spot in front of the remaining
village community. One of those arrested was
injured but managed to escape. As the fifth man
was beaten by the soldiers and chased awa/ the
population started running towards the bush. The
SPLA opened fire on them, injuring another man.
The bodies of two children, aged 5 and 6 (R. J.
and 0. L.), were found in the bush surrounding
the village on 9 June 2008, as were the mortal
remains of a woman suffering from epilepsy.
Kelenga Obong. who probably did not survive the
stress resulting from her flight. Iloli village was
burned to the ground. Soldiers gathered the
remaining Iloli and Logurony villagers,
approximately one thousand persons, and brought
them to the SPLA barracks in Ramshel. There
they spent the remainder of the da under the
trees. Women were reportedly beaten with sticks.
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In the evening of 4 June 2008 they were released,
apparently on orders of the Torit County
Commissioner. Twelve male villagers, five from
Logurony and seven from Iloli. remained in SPLA
detention until 7 June 2008 (one of them seven
days longer). Some were allegedly held in a tukul.
while others were kept in a hole in the ground. All
were beaten on their head and stomach with gun
barrels and other wooden and iron objects. Two
Logurony detainees sustained severe head
injuries, while another had whipping marks on his
buttocks. These men did not report the ill-
treatment to the police as they feared re-arrest by
the SPLA. On 10 June 2008, a young man from
Hiyala was arrested on suspicion of involvement
in the shooting that led to the death of SPLA
soldiers. He was taken to the SPLA barracks and
severely beaten. He was released following a
meeting between the Hiyala Head Chief and the
SPLA. and had to be taken to Hiyala Hospital for
medical treatment. SPLA retaliation against the
civilian population of Logurony. Iloli and Hiyala
continued in the days following 4 June 2008. On
6 June 2008. SPLA men shot at Hiyala villagers
who were working in the field. A man and a
woman were killed (Oronjo Safarino and Odiongo
Salvatore). and another woman injured. On
7 June 2008. Omudek Alajut. a man from Iloli.
returned to the village. was apprehended by SPLA
soldiers, tied up and executed on the spot. On
10 June 2008. Omunong Ohisa Ernaldo and
Oreste Ohuro. two Logurony villagers. were
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found shot dead near Hivala village square. These
events resulted in major displacement froni Iloli
and Loguronv villages. Approximately
2,800 inhabitants of Logurony and approximately
1.500 of Iloli were displaced. Their dwellings
were destroyed and they lacked the materials to
rebuild them. Moreover, on 4 June 2008, the
SPLA seized the cattle belonging to the Iloli and
Logurony villages, on which the population relied
for their livelihood. Additionally, SPLA soldiers
destroyed or took away the solar panels operating
the Iloli water boreholes. Government
representatives from Eastern Equatoria State have
visited the area and submitted reports to both the
President and Vice-President of the Government
of Southern Sudan. The Eastern Equatoria State
authorities and the Ministry of SPLA Affairs have
announced that a high-level Committee will be
investigating the incidents.
211.
10/10/08
JAL
IJL:
SUMX;
TOR;
SUDAN
The use of the death penalty. According to the
infornrntion received, most of the condemned
prisoners do not have legal counsel, and even
more did not have legal counsel during the trial in
which they were sentenced to death. In Juba
Central Prison, for instance, it would appear that
the following prisoners sentenced to death are not
assisted by legal counsel (and most probably were
not assisted during their trial): Balla Kamal Tahir,
Gabriel Nyara Pio, Moses Ohiti Lowa, Charles
Lokudu Remeo. Mauro Ohisa Ogotow. Mario
Oburau Okoloputa. Peter Jutti Budenga. Thiplious
Tongun /Vusang, Abdauraman Marino Lwarene,
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Sejeriwa Poni Tombe. Bol Makol Malual, Gabriel
Sule Jada, Joseph Ladu Kamuka. Simplisio Ataka
Adelio, Tadeo Lodu wani. Bulli Jelly Kewyi.
Emanuel Gift Repent. Simon Mavuong Akoon.
and Lojere Lorot Loseriko. Most tragically, it
would appear that Joseph Jelly Morgo, who was
reportedly executed in Juba Central Prison on
27 June 2008, did not have legal counsel.
Wilson Elisa Basangi. who was found guilty of
murder and sentenced to death by the Western
Equatoria State High Court in Yambio on
30 November 2007 and is currently detained in
Yambio Central Prison, was reportedly not
assisted by legal counsel at his trial and was not
infon ed on his constitutional right to obtain legal
aid. He is cunentl/ at the appeals stage, assisted
pro bono by an advocate in private practice.
In Upper Nile State. Nig Mashar, Khamis Joseph
Lugi, Mohamed Adeng, Wier Quench Kwangang,
Abiel Otuang, Mohamed Saleh Hassan and Tut
Dol Rut were all allegedly not assisted by legal
counsel at the time of the trial in which they were
sentenced to death. Two of them are reported to
now have retained advocates against a fee, while
the other five have been able to secure assistance
pro bono by an advocate in private practice for the
appeals stage through the intervention of the
IJNMIS Human Rights Section.
There are reportedly eight prisoners sentenced to
death in Bentiu Central Prison in Unity State.
Allegedly, none of them was represented by a
lawyer at the time of trial. Two of them appear to
have secured the assistance of an advocate for the
appeals proceedings. In Bor, Jonglei State, there is
one condemned prisoner. He was not assisted by a
lawyer at the time of his trial.
In Wau, a prisoner named Jacob Makoi Majok
was reportedly executed in Wau Central Prison on
24 July 2008. The nine remaining condemned
prisoners include two women. Nvanthuoi Ater
Matim and Akoi Bol Manding Lual and seven
men: Guriguri Andrea Akot, James Nvon Koch
(aged 72). Wol Akolino Akoi, Issaa Abdul Hamid.
Alfred Share Guer, Lawrence Wol Maven, and
Marial Mol Kon. Issaa Abdul Hamid, who was
sentenced to death in August 2007, was reportedly
temporarily assisted by an advocate, but as he had
no money to pay him, the advocate did not assist
him throughout the trial. None of the other
condemned prisoners were assisted by legal
counsel at any time of the proceedings in their
case.
Our infon ation indicates that in Aweil Central
Prison, three prisoners are sentenced to death:
Malik Ayi. Dut Ahoev, and Makol Malong.
Neither were they assisted by legal counsel at any
time of the proceedings in their case, nor were
they inforn ed or otherwise aware of their right to
be assisted.
In Rumbek Central Prison as well, there are three
condemned prisoners: Chagao Mwopor Akech,
Majur Manvur Mayom. and Chol Kor Dit Majok.
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None of them was assisted by legal counsel at any
time of the proceedings in their case.
212. 28/11/08 JUA FRDX, On 24 November 2008 at around noon, Abdel
HRD, Monim Elgak and Osman All Hummaida,
TOR human rights defenders, were arrested by officers
of the National Intelligence and Security Services
(NISS) outside the offices of the Sudanese
non-governmental organization 511 - IA in
Khartoum 3. On the same day, Amir Mohamed
Suliman, another human rights defender, was
also arrested by NISS officers. All three men
were taken to the political department of the NISS
in Bahri (Khartoum North) for interrogation and
were reportedly questioned on their human rights
activities, in particular suspected cooperation with
the International Criminal Court (ICC), which is
currently investigating a request by the prosecutor
for an arrest warrant against the Sudanese
President on charges of war crimes, crimes
against humanity and genocide.
Messrs. Amir Mohamed Suliman and Abdel
Monim Elgak were released without charge in the
evening of 24 November and early hours of
25 November respectively. On 25 November,
Abdel Monim Elgak made a statement to a 2
Sudanese online news outlet in which he
criticized the arrests as a means to seek to
intimidate Sudanese human rights defenders. That
day, the NISS summoned him once more and ft
detained him until the early hours of
26 November. About two hours after his release
he was again arrested and detained until the early
hours of the following day. Amir Mohamed
Suliman and Abdel Monim Elgak were both
summoned to return to the NISS office on
27 November at ii am. to hand over bags and
computers which NISS officers said they needed
to examine. Amir Mohamed Suliman turned in
the equipment and was allowed to leave.
Mr. Osman Ali Hummaida remained in detention
without charge and without contact with the
outside world until 1 am. on 28 November. at
which point he was released without charge. The
da after his arrest, members of his family
brought clothes and medicine for his asthma and
high blood pressure to the office of the NISS but
were not allowed to see him.
On 25 and 26 November. both Abdel Monim
Elgak and Osman Ali Hummaida were reportedly
subjected to different forms of torture and other
ill-treatment in order to force them to hand over
their computers and other belongings which the
NIS S officers sought to confiscate. They were
asked repeatedly whether they had cooperated
with the ICC prosecutor and told to disclose
details of the infonnation passed on to the
prosecutor's office. Abdel Monim Elgak was
reportedly so severely beaten on various parts of
his body, including his head, and subjected to
other forms of ill-treatment that he required
medical treatment following his release. In an
apparent effort to force Osman Ali Hummaida to
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turn over his electronic equipment, he was
reportedly made to witness Abdel Monim El Gak
being beaten and ill-treated so severely that he
vomited.
Osman Ali Hummaida was reportedly also
subjected to beatings with black plastic pipes on
his shins and feet, humiliated and subjected to
serious threats, such as the threat of rape. He was
detained in different detention facilities of the
NISS in Khartoum. blindfolded during transports
between detention facilities and subjected to sleep
deprivation and 18-hour long interrogations.
During the fourth da of his detention he was
reportedly twice hospitalized in the Amal hospital
belonging to the NISS because his blood pressure
had increased so severely that it required to be
treated. Doctors in the hospital reportedly did not
respond to his complaints that he had been
subjected to beatings and sleep deprivation in
NISS detention.
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213.
Sweden
16/01/08
JAL
TERR;
Adel Abdul Hakim. an ethnic Uyghur from
TOR
China, who, we understand, is already physically
present in Sweden. In relation to the specific case
of Mr. Hakim and to the resettlement of other
Guantanamo Bay detainees, in appropriate cases,
the Special Rapporteurs would like to encourage
the practice of other countries to facilitate
resettlement, including by being a receiver
country in order to create a resettlement
framework in conforn ity with human rights. To
further encourage and support the process of
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third-party resettlement in cases of detainees for
whoni no criminal charges were initiated, and
particularly where there is a real risk of torture. or
of any forn of cniel. inhuman or degrading
treatnient if returned to the country of origin, the
Special Rapporteurs would like to draw the
Government's attention to reports by the Special
Rapporteur on hunian rights and counter-terrorism
on refugees and asylum in the context of
countering terrorism (A1621263. paras. 54-64 and
83). a mission report to the USA (A/6/17/Add.3.
paras. 16-17 and 57). and a report of the Special
Rapporteur on torture on his country visit to
China (E/CN.4/2006/6/Add.6).
J. M. B., aged 24, currently detained at the
detention centre in Ostemker. He was born and
raised in Saudi Arabia to Eritrean parents, who
are still living there. It is unknown what
nationality or citizenship he holds, however, he
has no right of entry to Saudi Arabia. Mr. J. M. B.
entered Sweden in August 2002 and sought
asylum. He is a member of a political
organisation and has participated in several
demonstrations in Sweden against the policy of
the Eritrean Government. It is believed that
Mr. J. M. B. was being photographed by
personnel of the Eritrean embassy in Stockholm
while demonstrating. He has also been
interviewed on Swedish television. His
application for asylum was rejected on
23 December 2003. His appeal against this
decision was dismissed on 27 October 2004 SO
By letter dated 04/04/2008, the Government
indicated that the Swedish Migration Board
and the Migration Courts handle applications
for asylum and residence permits
independently from the Government. Thus, the
Government cannot intervene in the case
concerning Mr.B. The Ministry accordingly
has provided the Migration Board with a copy
of the letter.
Under Swedish law, persons who are not
convention refugees may also qualify for
protection. This category is described in the
law as ‘persons in need of protection'
(skyddsbehovande) and include, inter alia.
those who have left their native country and
have a well-grounded fear of suffering the
death penalty or being subjected to corporal
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214.
29/02/08
JUA
WGAD;
TOR
that he has been liable for removal from Sweden.
His appeal was dismissed on the grounds that by
his own account he had never been to Eritrea.
Hence he would be of no interest to the Eritreans
authorities if deported and therefore his physical
or mental integrity would not be at risk. Tn 2008,
Swedish authorities have already attempted twice
to deport Mr. J. M. B. to Eritrea. The deportation
of 23 January 2008 failed since the pilot of the
plane refused to take Mr. J. M. B. on board as he
was protesting loudly for fear of being removed to
Eritrea. On 13 Febniarv 2008 he was flown to
Eritrea on a chartered flight, however. Eritrean
authorities did not recognise his identity
documents and refused entry. Mr. J. M. B.
returned to Sweden the following day. Swedish
authorities are at present trying to obtain the
necessary documentation from the Eritrean
embassy. Given these circumstances it is believed
that Mr. J. M. B's removal from Sweden is
imminent. The enforced removal attempt of
13 Febniary 2008 and especially his return to
Sweden the next day featured prominently in the
Swedish media, making him a public figure also
well known to Eritrean authorities. A nile 39
application before the European Court of
Human Rights was rejected mid-Febniary 2008
and a complementary submission rejected on
28 Febniary 2008. The currently applicable
advice from the Office of the United Nations
High Commissioner for Refugees to all
Governments is to “refrain from all forced returns
punishment, torture or other inhuman or
degrading treatnient or punishment. The
correspondence between national legislation
and article 3 of the Convention against Torture
is emphasized as a result.
If a residence permit cannot be awarded on
other grounds, a permit may be granted to an
alien if, on an overall assessment of the alien's
situation, circumstances so exceptionally
distressing are found that he or she should be
allowed to stay in Sweden. If an application
for a residence permit is rejected. a
refusal-of-entry or expulsion order shall be
issued at the same time. When a question of
refusal of entry or expulsion is examined.
account shall be taken of whether the alien
cannot be sent to a certain country. A refusal
of entry and expulsion of an alien may thus
never be enforced to a country where there is
fair reason to assume that the alien would be in
danger of suffering the death penalty or being
subjected to corporal punishment, torture or
other inhuman or degrading treatment or
punishment. Nor may it. in principle, be
enforced if the alien risks being subjected to
persecution in that country.
If new circumstances come to light that mean
that there is such an impediment to
enforcement as described above, or there is
reason to assume that the intended country of
return will not be willing to accept the alien or
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The Board may however turn over a
refusal-of-entry or expulsion case to the police
authority for enforcement if the alien
concerned has gone into hiding or if it can be
assumed that force will be needed to enforce
the decision. The use of coercive measures
shall be strictly limited to what is necessary
and proportionate. The authority responsible
for the implementation shall take due account
of humanitarian considerations and respect for
the personal integrity.
Under the Aliens Act, an alien who has
attained the age of 18 may be detained if, inter
alia, the purpose is to enforce a
refusal-of-entry or expulsion order and if there
is reason on account of the alien's personal
situation or the other circumstances to assume
that the alien may otherwise go into hiding or
pursue criminal activities in Sweden. In such
cases, the alien may be detained for not more
than two months unless there are exceptional
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of rejected asylum-seekers to Eritrea and grant
them complementary fon s of protection
instead”.
there are medical or other special grounds wh
the order should not be enforced, the Migration
Board may grant a permanent residence permit
if the impediment is of a lasting nature, or
order a stay of enforcement. Under certain
conditions, when an alien invokes new
circumstances, the Migration Board shall
re-examine the matter of a residence permit
and issue an order staying the enforcement
case.
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grounds for a longer period. The detention
order shall be re-exaniined within two months
from the date on which enforcement of the
order began. If the alien is retained in
detention, the order shall be re-examined
regularly within the same intervals and shall be
preceded by an oral hearing. A detention order
shall be set aside immediately if there are no
longer any grounds for the order.
A detention order made by a police authority
or the Swedish Migration Board may be
appealed to a migration court without
limitation to a certain period of time. A
decision of a migration court on detention may
be appealed to the Migration Court of Appeal,
also without limitation to a certain period of
time. In cases concerning enforcement of a
refusal-of-entry or expulsion order, where the
alien has been held in detention for more than
three days. a public counsel shall be appointed
concerning the question of detention, unless it
must be assumed that there is no need for
counsel.
The information concerning Mr. B's personal
circumstances is confidential, due to the fear
that he might be at risk of being seriously
harmed, should the information be disclosed.
Hence, the Ministry is prohibited from
comnmnenting on the whether the facts
concerning the authorities' handling of his
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case, as related in the letter of
29 Febniarv 2008, are accurate, or indicate the
basis for any legal actions against him.
215.
Syrian Arab
Republic
08/01/08
JUA
WGAD;
FRDX;
HRD:
TOR
Fayez Sara, a contributorto several newspapers.
including the Lebanese daily Assafir and the
pan-Arab daily Al-Hayat, and a member of the
network called “Committees for the Revival of
the Civil Society (CRCS)”, which engages in
human rights and political discussions. On
3 January 2008, Mr. Sara was arrested by the
security forces after appearing in response to a
summons. His detention is believed to be related
to his participation in a meeting of the National
Council of the network “Damascus Declaration
for Democratic National Change” held on
1 December 2007. which called for democratic
change and political openness in Syria, and
statements related thereto made by Mr. Sara
during a TV programme on 1 January 2008.
Moreover, Mr. Sara is the eighth signatory of the
“Damascus Declaration” to be detained by the
authorities without any specific reasons given. He
is being held incommunicado without charge and
access to legal counsel or his family at the
detention facilities of the State Security Branch in
Damascus. Mr. Sara is suffering from a
mnalfunctioning thyroid gland which requires
constant observation and medical treatment.
Please see below.
216.
04/02/08
JUA
FRDX;
HRD:
TOR
Marwan al-'Ush, a geology engineer, Riad Self,
former member of the Syrian Parliament and
‘Damascus Spring' figurehead, Mohammed Haj
Darwish. a member of the Human Rights
By letter dated 0 1/07/08, the Government
infon ed that Ms. Fida' al-Hurani.
Mr. Marwan al-Ush, Mr. Walid al-Bunni,
Mr. Jabir al-Shufi. Mr. Akram al-Buimi.
Association in Syria and a founding member of
the Committees for Revitalizing Civil Society in
Syria. Ahmad Tohme. a dentist, Fayez Sarah
(the latter was the subject of a previously
transmitted communication, see above para. 215).
Walid al-Bunni. Jaber al-Shoufi. a member of
the executive board of the Committees for the
Defence of Freedoms and Human Rights in Syria.
Akram al-Bunni. a member and founder of the
Committee for the Revitalization of Civil Society
in Syria and All al-Abdullah. founder-member
and member respectively of the Committee for
the Revitalisation of Civil Society in Syria. Ms.
Fida al-Hurani. recently elected President of the
National Council of the Damascus Declaration,
and Yasser Tayser Aleiti. an intellectual. On
15 January. Marwan al-' Ush was arrested by State
Security officials. Since then. Riad Seif has also
been detained. The aforementioned persons
attended a meeting of 163 activists in Damascus
on 1 December 2007, organized by the Damascus
Declaration for Democratic and National Change
to address the issue of political refonn in Syria.
The meeting resulted in the creation of the
National Council of the Damascus Declaration, a
collective movement of political activists and
human rights defenders calling for the
establishment of a democratic system that
respects citizens' rights, ensures freedom of
speech and association, and ends discrimination
based on religious or political beliefs. On
27 January 2008. Walid al-Bunni. Yasser al-'Eiti.
Mr. Ali al-Abdullah and Mr. Yassir Taysir
al-Ayti, clearly sought to exploit and hide
behind the principles of democracy and human
rights in order to engage in activities
prohibited in the Syrian Arab Republic under
ordinary law, which was established in 1949
and has been updated on a number of
occasions to bring it into line with changes at
the national and the international levels.
Interviews with these persons confirn ed that
they had violated the regulations and laws in
force in the Syrian Arab Republic. The facts
were confirmed in writing in their confessions,
during the police inquiry and also during the
examination conducted by the investigating
judge in the presence of their defence lawyers.
The Damascus Public Prosecutor instituted
proceedings against them under ordinary law.
With regard to the findings of the
investigation, the transcripts of the interviews
with these persons confirm that they
committed the offence of membership in an
unauthorized association, the obj ectif of which
is to alter the character of the State, and that
they had issued a statement which aimed to
incite sectarian and racial conflict and spread
false information. They did so under the cover
of disseniinating deniocratic ideas, whereas in
fact they violated articles 206, 285, 286 and
327 of the Criminal Code of 1949, as
amended. On the basis of the above, the
investigating judge in Damascus took the
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Fida' al-Horani, Akram al-Bunni, Ahmad
To'meh, Jabr al-Shoufi, Ali al-'Abdullah, Fayez
Sarah, and Marwan al-'Ush were transferred to
‘Adra Prison in Damascus. Ms. Fida'a al-Horani
was transferred to the women's prison in Douma,
on the outskirts of Damascus. Riad Seif was
transferred to ‘Adra Prison following his
appearance before the investigating judge on
29 January. The detainees have reportedly been
detained on charges including “weakening
national sentiments”, “broadcasting false or
exaggerated news which would affect the morale
of the country”, and joining an “organization
formed with the purpose of changing the financial
or social status of the state”. All those detained
are reported to have been ill-treated while in the
custody of State Security officials at their base in
Damascus. Ali al-'Abdullah is alleged to have
been so severely beaten that he sustained a serious
injury to his oesophagus and it is not known if he
has received medical treatment. Furthermore,
Riad Seif is reported to be suffering from
advanced prostate cancer and urgently requires
specialist treatment only available outside Syria.
decision to refer the case to the judge to indict
them for the aforementioned crimes. The judge
read out the charges against them. The
indictment judge referred the case to the
Damascus Criminal Court for trial. Since the
decision of the judge is subject to appeal, their
defence counsel appealed and the case is under
consideration before the Trial Division of the
Court of Cassation. The legal basis for their
continued detention is the aforementioned
indictment decision. Syrian law provides, in
such cases, that the concerned individuals must
be remanded in custody and brought to trial
before a criminal court in the first instance.
That court then considers whether to release
them.
217.
25/02/08
JUA
WGAD;
FRDX;
HRD;
IJL;
TOR
Ms. ‘Aisha Afandi, aged 48, and Ms. Kawthar
Taifour, aged 50, both members of the Kurdish
minority, and members of an organization called
“Democratic Union Party (PYD)”. Ms. Aisha
Afandi's husband, Saleh Muslim, is a leading
member of the “PYD”. On 28 November 2007,
the two women were arrested by members of
State Security Services. Ms. ‘Aisha Afandi was
arrested at 4 am. at her home in ‘Em al-'Arab
(Qoubani). The place and exact time of the arrest
of Ms. Kawthar Taifour is not known. Both
women are believed to be currently held in
incommunicado detention at the women's wing of
Al-Maslamieh Prison in Aleppo. Neither have
access to legal counsel or contact with their
families. They are being held together with
convicted criminals and pre-trial detainees. The
authorities have not vet disclosed the reason for
their arrest and detention. It is believed that these
measures might be linked to non-violent
demonstrations by members of the Kurdish
minority on 2 November 2007 in the cities of
Qamishli and ‘Em al-'Arab (Qoubani).
Ms. Afandi suffers from a brain cyst which
affects blood flow to the brain and which can
cause loss of consciousness, especially in stressful
situations.
Jean Rassoul. a member of the Committee of the
Cereal Trade Union Branch in Tal Ziwan. On
26 Febniarv 2008, he was on his way to work
when he was arrested without warrant by a State
Security patrol. He was then taken to an unknown
location. No inforniation is currently available as
to his place of detention.
By letters dated 12/03/08 and 3/06/08, the
Govenirnent infonned that Mr. Rassoul was
arrested for inciting racist acts likely to cause
strife among citizens and to expose national
security to the risk of the disintegration of
national unity and civil war. The laws in force
in the Syrian Arab Republic do not punish
people for exercising their right to freedom of
expression; the Constitution guarantees the
rights and freedoms of all citizens, while the
Criminal Code stipulates that any State
employee who arrests or detains a person in
circumstances not sanctioned by law shall be
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218.
04/03/08
JUA
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HRD:
TOR
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punished by a ten of imprisonment with hard
labour. The Code also states that any warden
or guard of a prison, a disciplinary institution
or a correctional facility and any official
perfon ing such functions who admits a
prisoner to a facility without a court order or
continues to hold a prisoner after the end of the
legally prescribed ten shall be liable to a
penalty of from one to three years'
imprisonment. We should point out that the
practice in the Syrian Arab Republic is
consistent with its laws and does not allow
anyone to be subjected to physical or mental
torture or humiliating treatment. Anyone who
subjects a person to unlawful beating with a
view to extracting a confession to. or
infon ation about a crime shall be punished by
a ten of three months to three years'
imprisonment. Prosecutions have been
initiated against a number of persons for
breaching these provisions, either on the basis
of a complaint from an aggrieved party or
through proceedings initiated by the
Department of Public Prosecutions.
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219
22/04/08
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FRDX:
Karam Ibrahim Yousef. a writer and human
HRD:
rights defender from the Kurdish community in
TOR
Syria. On 20 March 2008, he was shot in the head
by Syrian security forces whilst he was
photographing the national Kurdish celebrations
of their traditional new year in the city of
Qarnishli. Due to his injuries he had to be
hospitalized. His health condition remains critical.
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Karam Ibrahim Yousef has been interrogated
repeatedly by the authorities, but no charges have
been brought against him.
220.
23/04/08
JUA
TOR:
FRDX;
HRD;
IJL;
TOR
Mohammed Badih al-Bab, a member of the
National Organisation for Human Rights in Syria.
On 2 March 2008, he was arrested by military
security forces in Damascus and his whereabouts
are unknown. He has been denied access to a
lawyer and is not allowed any visitors. No
charges have et been brought against him. The
reasons for his arrest remain unclear, but it
appears to be in relation to articles he has recently
written, in which he criticized the Minister for
Jnfornrntion. Mr. Mohsen Bilal. Tn 2000,
Mr. Mohammed Badih al-Bab had been sentenced
to 15 years' imprisonment. He had been released
in 2005 following a presidential amnesty.
221.
16/07/08
JUA
WGAD;
FRDX;
HRD:
TOR
Hammam Haddad. a university student, author
of a magazine and writer of internet articles. On
S Ma 2008. Mr. Hammam Haddad was arrested
at his home in Damascus by state security forces.
Although no reason was given for his arrest it is
believed that it was carried out to prevent him
from giving further publicity to cases of human
rights violations in the Syrian Arab Republic in
his publications. Mr.Haddad' s current
whereabouts are unknown.
A reply was received from the Government on
10/09/08, but could not be translated in time
for inclusion in this report.
222.
Follow-up
to earlier
cases
Abdul Moez Salem (A/HRC/7/3/Add. 1.
para. 221)
By letter dated 27/02/08, the Government
indicated that Mr. Abd al-Mu azz Salim was
taken into custody on 23 December 2006 and
charged with membership in Al-Qaida. He
was. in fact, a member of the organization.
Kuyi Etae. Amisi Manak. Abdullah Doloh.
Ishmael Tae. Ahama Bodong, Sobri Kasor. and
Abdolasis Arong, university students, and
volunteers at the Legal and Human Rights
Training Project of the Students Federation of
Thailand (SFT), which address violence in the
southern provinces, and the Working Group on
Justice for Peace (WGJP), which conducts
training programmes on issues like the imposition
of martial law, the Internal Security Law, and the
rights of villagers in southern provinces. On
27 January 2008. a group of plain-clothed men
from the 11th Special Branch Forces arrested the
having participated with a number of others in
unlawful terrorist activities. Five days later, on
28 December 2006, while the investigation
was still under way. Mr. Salim. who had been
subjected to no form of physical or mental
coercion, hanged himself. He was nished to
the Military Hospital where all the requisite
emergency procedures were carried out, but to
no avail. He died. His body was delivered to
his family for burial. Attached to this note ou
will find details of the investigation conducted
by the Office of the Military Prosecutor, which
examined the circumstances and the cause of
death and which confirms that the allegations
received by the two Special Rapporteurs are
untnie. The Government can confirm that
Mr. Salim was not subjected to torture.
Everything possible was done to protect his
physical and psychological welfare .
By letter dated 3 October 2008, the
Government reported that on 27 January 2008,
officers of Yala Task Force ii conducted a
search at a rented house in Muang District,
Yala Province, which was suspected of being
an assembly place of perpetrators of violence.
Five persons, namely Mr. Kuyi Etae,
Mr. Amisi Manak. Mr. Abdullah Doloh.
Mr. Ishmael Tae and Mr. Ahama Bodong.
were found in the house together with a
computer containing security-related
information.
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223. Thailand
15/02/08
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TOR
first five individuals in the university dorniitorv
and seized a desktop computer, a laptop, seven
mobile phones and one camera. The five men
were sent to Inkavutaburiharn Arn v Camp.
Before being sent to the camp, they were beaten
all over their bodies with a metal bar wrapped
with cloth and were forced to stand out in the sun
for several hours. While in detention they were
blindfolded with their aims tied behind their back,
kicked all over their bodies, including in their
faces, by soldiers wearing combat boots, punched
in their stomachs and faces, slapped in their faces,
had their heads covered with a sack, and were hit
on their backs. On 28 January, soldiers from the
11th Special Branch Camp arrested Sobri Kasor
and Abdulasis Arong at Yala Raj abhat University.
The two men were then taken to the 11th Special
Branch Camp. Kuyi Etae, Amisi Manak,
Abdullah Doloh. Ishmael Tae and Ahama Bodong
were released on 5 Febniarv but Sobri Kasor and
Abdolasis Arong remain in detention at the 11th
Special Branch Camp. It is not known whether
any charges have been brought against any of the
men.
Mr. Doloh admitted that all the documents and
infoimation contained in the computer
belonged to him. Accordingly, the officers
confiscated one desktop computer, one laptop
computer, seven mobile phones, and one
camera for further investigation and invited
those five persons to the Jnka uthboriharn
An iy Camp for further inquiry. For security
reasons, the proceedings of search, invitation,
confiscation, detention and inquiry were
conducted in accordance with the Martial Law
Act, B. E. 2457 (1914). Before being sent to
the camp and while in detention, none of the
five were beaten or tortured. This was
conflimed by the reports of of-site
search/on-site confiscation and the invitation
for further inquiry with the signatures of all
five men, certifying that the officers perforn ed
their duties under the law and did not threaten,
coerce, promise, harn them physically or
mentally, destroy or take their belongings for
personal material gains in anyway.
On 4 Febniarv 2008, all men were released
without charge and their computers and
camera returned to them. Upon their request,
they were delivered to the Yala Central
Mosque. Furthermore, the Yala Task Force
11 officers invited a group of professors from
the Yala Raj abhat University, the village chief,
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villagers from Muang District, and police
officers to be present as witnesses of the
release.
Mr. Sobri Kasor and Mr. Abdolasis Arong are
not bona fide human rights defenders seeking
to address the violence and protect the rights of
villagers in the Southern Border Provinces of
Thailand. Two men are currently being
prosecuted for committing serious crimes
ranging from theft and robbery to felony
murders. While in detention at the Yala
Provincial Penitentiary, they are assured of
receiving just treatment and all the guarantees
necessary for their defence.
According to information from the Ministry of
Justice, no complaint has been lodged by or on
behalf of these five men. If they would like to
receive assistance such as legal advice, witness
protection or financial assistance for those
under criminal proceedings, they can submit
such requests under the Victim Compensation
and Remuneration and Defendant Expense in
Criminal Justice Proceedings Act of
B. E. 2544 (2001), or lodge a complaint
regarding official misconduct at the Ministry
of Justice and its provincial offices across the
country.
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224.
0 1/04/08
UA
TOR
Yapa Kaseng, an imam, Ban Kor Tor, Rueso
district, Narathiwat. On 19 March 2008, he and
his two sons, Anand and Aaming, were arrested
during a village raid before the morning prayer.
By letter dated 09/04/08, the Government
expressed its regret for the death of Yapha
Kaseng. It infon ed that he had been arrested
on 19 March 2008 due to suspicion of
The police officers did not produce any arrest
warrants before taking the men away. They were
taken to Special Taskforce 39 camp. Wat Suan
Tham. Rueso District. The men were detained
inside a tnick with two small windows together
with four men from nearby villages. The daughter
and wife of Mr. Kaseng tried to visit the detainees
on that day, but they were only allowed to see
them through the tnick' s window. The women
tried to communicate with them by shouting to
them from the neighbouring bus station. On
21 March, one of Mr. Kaseng's sons shouted
back, “Father is dead.” The body was taken to
Rueso Hospital, where a medical examination,
including an x-ray, revealed broken ribs and teeth.
No proper autopsy was conducted. A villager took
photos at the hospital which showed bniises on
his eyes, mouth and face, and burn marks all over
his body. When his body was taken away by
officials for burial, the villagers intervened and
took the body from the vehicle and carried it back
to the village about 20 minutes away by foot. It is
reported that 600 people had gathered at the
hospital and accompanied the body to the burial.
On 21 March, the sons of Mr. Kaseng were
transferred to Jnka uth camp. The daughter and
mother went to visit them and were informed that
Mr. Kaseng was interrogated overnight three
times for hour long sessions. The sons saw him
being hit and kicked on his wa to the
interrogation. When he returned from the second
involvement in militant activities. According
to the Govennnent, the Royal Thai Army
(RTA) spokesperson confirmed that the
Comniander-in-Chief of the Fourth Anny
Region set up a committee to investigate the
death of Mr. Kaseng and gave assurances that
the investigation would be conducted in a fair
and transparent manner. The RTA also met
with and assisted the relatives of Mr. Kaseng
to pay for his funeral. The Government assured
the Special Rapporteur that, should it be
established that the death of Mr. Kaseng was a
result of mistreatment by the authorities, those
responsible would be held accountable without
exception. During his visit to the Southern
Border Provinces on 22 March 2008, General
Anuphong Phaochinda. Commander-in-Chief
of the RTA, met with the commander of
Narathiwas Civilian-Police-Military (CPM)
Task Force and other local commanders, and
raised this issue. He stated that the
investigation must bring about the tnith and
clarify the case. Those found to be responsible
would first be transferred out of the area and
will be prosecuted in accordance with the Thai
law and there will be no reduction of
punishment for actions taken outside the
bounds of the law. The Government reiterated
that it will not tolerate any abuse of authority
by state persoimel. However, while the distress
of the families of the deceased is
understandable and deserves the greatest
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interrogation, Mr. Kaseng was very weak and
could barely walk. The soldiers tossed him into
the truck. After the third interrogation, he could
no longer walk and the soldiers dragged him by
his feet back into the tmck. One of the sons put
Mr. Kaseng's head in his lap, pleading to the
soldiers to send him to the hospital. Yapa Kaseng
died shortly thereafter. The family lodged a
complaint at Rueso Police Station and the case
was reported in the news. The family said that he
was strong and had not been sick for years. The
military argued in a press release that Mr. Kaseng
was sick and his ribs were broken when the
doctors tried to resuscitate him at the hospital.
The soldiers also claimed that he was no longer
an imam, but rather an insurgent. However, his
family pointed out that he continued to receive his
monthly salary of 500 baht from the government
office for his work. The family has been
threatened since reporting the case.
Self-proclaimed Peace Ambassador, Suriya
Tawanchai, a Buddhist singer from Isaan, went to
see the family to convince them to drop the case,
as did the chief of the Narathiwat Special
Taskforce. The army paid the family 20,000 baht
for the loss. The two sons were released on
27 March 2008. Their village is still surrounded
by soldiers. Allegations were also received
concerning Sukri Salae. He was also detained in
the truck at Special Taskforce 39 camp. On
18 March, he was working with his father-in-law
in the mbber field, when a group of 30 soldiers
sympathy, the causes of Mr. Kaseng's death
should first be confirmed by the investigating
committee.
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a
shot at them. Sukri lay on the ground while his
father ran away and was shot dead 600 meters
away. Mr. Salae was arrested and brought to the
camp. He was interrogated and tortured overnight
on 18 March and again on 19 and 20 March. On
21 March, following the imam's death, he was
taken to Rue so Police Station and then to
Tanyong army camp in Narathiwat. When his
mother visited him, she saw that his face was
bmised and red, but she could not talk to him as
soldiers were present. ‘When she wanted to sleep
in front of the camp, the soldiers said that her son
would be tortured more if she stayed. She was not
allowed to see him on the second day. She learned
that the soldiers used needles to pierce his body
and under his fingernails. Mr. Salae has not been
taken to a hospital for an examination. He
remains imprisoned at Tanyong army camp .
Forcible return of Lao Hmong from Thailand
to Laos. 837 ethnic Lao Hmongs were forcibly
returned to Laos by Thai governmental authorities
on 22 June 2008. This followed a protest march
held on 20 June against an agreement between the
Thai and Lao Governments to send them back to
Laos, in which they had participated. No
independent monitoring of the process and no
duly completed status determination process or
individual verification of the voluntary nature of
return were allowed. The exact number of Hmong
who are still in Thailand but have not returned to
the camp is unclear, as are their whereabouts.
By letter dated 03/07/08, the Government
reported that, since December 2003, many
groups of Hmongs from the Lao PDR have
been crossing the border into Thailand. The
Government considers these Laotian Hmongs
“illegal immigrants”, subject to judicial
process in accordance with the Immigration
Act of 1979. At the same time, Thailand has
provided them with shelter at the temporary
shelter area in Petchaboon Province as well as
assistance and care on a humanitarian basis.
The Government has placed a high priority on
resolving the issue of more than 7,000 Laotian
Hmongs in Pethaboon. Although the
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225.
27/06/08
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Government believes that the vast majority of
this group is composed of economic migrants
who have violated the Thai immigration law
and must be repatriated to the Lao PDR with
the cooperation of the latter, the Government is
setting up a screening mechanism to properly
verify the nationality of these Hmongs and to
screen for persons with genuine fear of
persecution. Those who have violated the
immigration law for economic reasons will be
repatriated to the Lao PDR in accordance with
Thai law. The Government respects the
principle of non-refoulement and has treated
these illegal immigrants and displaced persons
on the basis of humanitarian principles. In
addition, Thailand continues to cooperate with
the relevant international humanitarian
organizations, UN special agencies, as well as
international humanitarian NGOs, on a
case-by-case basis, in promoting and
protecting these illegal immigrants' rights. On
20 June 2008, a large number of Laotian
Hmongs destroyed the fence encompassing
their temporary shelter area in Petchaboon
Province and walked out in protest, with the
intent of travelling all the way to the UINHCR
office in Bangkok. The Thai officials exercised
the utmost restraint, and allowed the protesters
to continue their walk. After long hours of
negotiations between the Laotian Hmongs and
the Thai side and after many hardcore
protesters threatened other Laotian Hmongs
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not to return to the shelter area, most Laotian
Hmongs realized that there was no use to
continue protesting. At that time, the Thai side
offered the protestors to return to the shelter
area without any forn i of punishment; return to
Laos and receive financial assistance for
re-integration from the Thai Government as
had been the case for prior groups of voluntary
returnees; or acquiesce to being dealt with in
accordance with Thai immigration law. More
than 800 Laotian Hmongs chose to return to
Laos. The rest chose to return to the temporary
shelter. All clearly expressed the wish to return
of their own accord after negotiations with the
Thai officials proved that their demands could
not be met. The Thai side thereafter facilitated
their return in accordane with the Immigration
Act in a dignified and humane maimer. The
forn ial return ceremony was attended by Thai
and Laotian media and the entire process was
witnessed by Thai diplomatic officials who
served as additional witnesses to the
transparency and smooth conduct of the entire
return process. Such return on a large scale
was impossible to be forcibly conducted,
especially in front of so many witnesses and
without physical means.
Para.
Country
Date
Type
Mandate
Allegations transmitted
Government response
226.
18/07/08
JUA
IND:
Alleged forcible return on 11 July 2008 of 391
By letter dated 07/08/08, the Government
TOR
Hmong individuals to the Lao People's
inforn ed that the return process and handover
Democratic Republic, some of whom may be
ceremony of the 391 Laotian Hmongs to the
considered refugees. This situation was subject of
Lao People's Democratic Republic was
a previously transmitted communication and
officially held on 10 July 2008. The ceremony
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response (see para. 225). New information
indicates that a further 391 Lao Hmong were
returned to the Lao People's Democratic Republic
from a camp in northern Thailand on
11 July 2008, some of them against their will. We
also have learned that the procedures in place to
assess the cases of Hmong in Thailand might not
be in conformity with requirements under
international law and that there is no independent
monitoring of the return process.
was not only monitored by the Thai and
Laotian Ministries of Foreign Affairs, but it
was also covered by both the Thai and Laotian
media, who were able to interview some
Laotian Hmongs and take footage of the
crossing into Laos and the handover ceremony.
The Government has formally established a
domestic status determination process or
screening mechanism for the Laotian Hmongs.
The process not only involves interviews at the
local level, but also contains safeguards with
further consideration at the national level. The
return of the group of 391 Laotian Hmongs
was undertaken in response to an expression of
their wish to return home to Laos. That wish
was expressed freely and without any form of
coercion, prompting the Thai side to respond
swiftly and accomodate their wish by
facilitating their smooth return to Laos. The
Thai authorities informed the Laotian Hmongs
that they had the opportunity to change their
minds at all times. Had any person decided not
to return Laos that time, the Thai authorities
would have accomodated that decision.
Besides, all of them signed the affidavit
document confirming their voluntary decision
to return to Laos. In keeping with the Thai
humanitarian tradition, each and every member
of the group was screened and determined to
be economic migran whose illegal entry into
Thailand was in violation of Thai immigration
laws. Therefore, in keeping with the sovereign
Para.
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Country
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Allegations transmitted
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right and prerogative of each country,
excercised all over the world in a similar
manner, the return to Laos was conducted in
cooperation with the Laotian authorities. There
was also a member of the first group of
11 returnees who greeted this group of Laotian
Hmongs on their return.
227. Follow-up Sukri Ar-dam (A/HRCI7I3IAdd. 1, para. 224) By letter dated 25/06/08, the Government
to earlier informed that, on 14 April 2007, four days
cases after the arrest of Mr. Sukri Ar-dam, his family
members visited him at the Inkayuth army
camp. Camp officials took him to the visiting
area where his family was able to see him and
talk to him via internal telephone. His family
was thus assured that Mr. Sukri Ar-dam was
actually detained in the camp and was still in
normal condition.
On 21 April 2007, his family revisited
Mr. Sukri Ar-dam at the camp. His family
believed that Mr. Sukri Ar-dam had been
assaulted because he had a bmise on his upper
lip. On 23 April 2007, his family lodged a
complaint with the National Commission on
Human Rights, following which a member of
the Commission together with one medical Q
doctor came to see Mr. Sukri Ar-dam at the
camp and provided him with the services of a
lawyer.
On 6 May 2007, four days after Mr. Surki
Ar-dam was transferred from the Inkayuth a
army camp to Kokpo District Police Station,
the police undertook on inquiry before
Mr. Sukri Ar-dam's lawyer and his elder sister.
During the inquiry, neither Mr. Sukri Ar-darn
nor his family members availed themselves of
the opportunity to lodge a complaint with the
police concerning the alleged assault while
being detained in the arniv camp. The
inquiring officer did not also note any
evidence of injury on Mr. Sukri Ar-dam.
On 8 May 2007. Mr. Sukri Ar-dam was
transferred to Pattani Provincial Penitentiary.
where he underwent a physical examination, in
accordance with the regulation of the
Department of Corrections that evefl new
detainee must be physically examined upon
arrival. The technical nurse of the Pattani
Provincial Penitentiary who conducted the
physical examination of Mr. Sukri Ar-dam
confirmed that he did not see any scars nor
marks of severe injury on his body. No
medical treatment was requested by
Mr. Sukri Ar-dam at any stage.
In the meantime, the National Commission on
Human Rights continued to pursue the case on
behalf of Mr. Sukri Ar-dam's family, and a
complaint was filed with the commander of
Inkavuth arniy camp to investigate the alleged
assault. In response to that complaint, the
camp set up an investigation committee on
14 Ma 2007. The committee found that a
certain official did slap Mr. Sukri Ar-dam once
Para.
Country
Date
Type
Mandate
Allegations transmitted
Government response
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Para.
Country
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on his mouth because he got into temper after
being heavily insulted by the latter. That
official was given a warning notice in response
to his misconduct, which was in contravention
of the established procedures, and was
subsequently punished by being transferred out
of the area. This disciplinary punishment
represented the official accountability and
awareness that the right of any person in
detention must be equally respected without
discrimination. It also reflected the camp's
adherence to its own rules and regulations that
take into account the rights as well as cultural
sensitivity of every detainee.
The Royal Thai Government would like to
emphasize that just treatment will continue to
be accorded to Mr. Sukri Ar-dam who is now
being detained in the Pattani Provincial
Penitentiary. The Department of Corrections
has issued an order to all provincial
penitentiaries to place utmost importance to
the right and welfare of every person in
detention in compliance with human rights
principles, the laws on correction, the
United Nations minimum standards on the C
treatment of persons in detention and the —
obligations under the International Covenant
on Civil and Political Rights.
It is important to note that Mr. Sukri Ar-dam
has been indicted for committing serious a
crimes and for behaviour which is allegedly
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Country
Date
Type
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Allegations transmitted
Government response
detrimental to public peace and security. The
allegations have been preliminary supported
by oral material as well as forensic evidence
which instituted the basis for the Court's
decision not to grant bail. Mr. Sukri Ar-dam
will certainly be provided with all the
guarantees necessary for his defense as well as
an independent and impartial judicial process.
228.
Tunisia
06/03/08
JAL
HRD;
TOR
Mmes Fatma Ksila et SamiaAbbou.
respectivement secrétaire générale du Comité
pour le respect des libertés et des droits de
l'Homme en Tunisie (CRLDHT) et membre de
l'Associcttion de lutte contre ict torture en Tunis/c
(ALTT). Mmes Ksila etAbbou s'occupent de la
collecte de témoignages de victimes de torture en
vue de la redaction d'un rapport conjoint
CRLDHT/ALTT sur le recours a la torture et aux
mauvais traitements en Tunisie dans le cadre
d'affaires jugées sur la base de la loi
anti-terroriste. Le 14 février 2008. Mme Ksila
aurait été empêchée d'accéder au domicile de
Mme Fatma Tlili par des policiers en civil qui
l'auraient insultée. Mine Tlili aurait annoncé la
veille son intention d'entamer une grève de la
faim en solidarité avec son fils Abderrahmane.
lui-même en grève de la faim depuis le
15 janvier 2008 afin de dénoncer les mauvaises
conditions dans lesquelles il serait détenu et les
mauvais traitements dont il ferait l'objet a la
prison de Mornaguia. dans la banlieue de Tunis.
Le 15 février. Mme Ksila aurait été empêchée par
des policiers en civil de se rendre au cabinet de
Para.
Country
Date
Type
Mandate
Allegations transmitted
Government response
Me Radhia Nasraoui, présidente de 1'ALTT afin
de rencontrer des familles de prisonniers pour
recueillir leur témoignage. Les policiers auraient
insulté Mine Ksila. Le 16 février. Mmes Ksila et
Abbou auraient dü rencontrer les familles des
membres du groupe Soliman condamnés a
perpétuité et a de lourdes peines de prison, a Sidi
Bouzid. Quelques minutes après leur arrivée au
domicile de l'une de ces familles. de nombreux
policiers auraient envahi la nie. conduits par le
chef de la police du district de Sidi Bouzid. Mmes
Ksila et Abbou aurait alors été contraintes de
quitter la ville. et la police les aurait suivies
jusqu'à la sortie de l'aggloniération. Enfin. le
18 février. après s'être rendues chez les parents de
M. Imed Ben Amer. condamné a la peine capitale
dans l'affaire du groupe de Soliman. a Sousse,
Mines Ksila et Abbou auraient été phvsiquement
agressées. traInees par terre et rouées de coups par
de nombreux policiers en civil. qui auraient
egalement profere a leur encontre des injures
obscènes. Mme Ksila aurait alors perdu
connaissance. La police aurait ensuite
complètement vidé les sacs a main des deux
femmes. confisquant de l'argent liquide. un
appareil photo et un magnetophone appartenant a
Mme Ksila. Mmes Ksila et Abbou auraient
ensuite été contraintes de prendre une voiture de
location a huit places. dont six occupées par des
agents de la police politique en civil, a destination
de Tunis. Une fois arrivées. Mmes Fatma Ksila et
Samia Abbou se seraient rendues au cabinet de
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Para.
Country
Date
Type
Mandate
Allegations transmitted
Government response
Me Mohamed Abbou. Ce dernier aurait alors
également fait l'objet d'insultes et de
provocations, puis menace d'aggression.
229.
16/04/08
JUA
FRDX,
HRD,
IJL,
TOR,
WGAD
Adnane Haji, secrétaire général du Syndicat de
l'enseignement de base de Redeyef, Foued
Khenaissi, membre de l'Union locale du travail
de Redeyef, TaeIb Ben Othmane, membre du
Syndicat de l'enseignement de base de Redeyef,
et Boujomâa ChraIti, secrétaire général du
Syndicat de la sante de Redeyef. Le 7 avril 2008,
MM. Haji, Khenaissi, Ben Othmane et ChraIti
auraient été violemment interpellés par la police,
au lendemain de leur participation a une reunion,
a Tunis, portant sur la question du chômage des
travailleurs du bassin minier de Gafsa, dans le
sud-ouest de la Tunisie. Cette reunion serait
intervenue dans un contexte oü, depuis le debut
du mois de janvier 2008, un mouvement de
protestation aurait vu le jour dans la region de
Gafsa et environ 30 syndicalistes, étudiants et
chômeurs auraient et e arrêtés depuis le
6 avril 2008. M. Haji, qui souffre d'une
insuffisance rénale, ainsi que MM. Khenaissi,
Ben Othmane et ChraIti auraient été frappés avant
d'être arrêtés. Ils auraient ensuite été transférés au
commissariat de Gasfa et l'accês a leurs avocats
leur aurait été refuse.
230.
16/04/08
JAL
HRD;
TOR
Mme Sihem Bensedrine, porte-parole et
fondatrice du Conseil national pour les libertés en
Tunis/c, secrétaire générale de l'Observatoire pour
la Liberté de la presse, d'édition et de creation en
Tunisie et laureate du Prix de la Paix 2008
Par lettre datée du 13/06/08, le Gouvernement
a indiqué que les investigations diligentées au
sujet du mauvais traitement que les intéressés
aurait subi, ont révélé qu'ils sont arrives au
port de La Goulette le 3 mars 2008 a bord d'un
décerné par la Fondation danoise pour la paix,
ainsi que M. Omar Mestiri, directeur de la
redaction du journal en ligne Kculimci. Dans la
matinée du 3 mars 2008. Mme Bensedrine et
M. Mestiri. a leur retour a Tunis en provenance
d'Europe par le port de La Goulette. auraient été
soumis a une fouille corporelle. retenus a la
douane durant six heures et phvsiquement
agressés par des agents de la police. Ils auraient
ensuite été conduits dans le bureau de la douane
et, une fois a l'intérieur. auraient été frappes.
Mine Bensednne souffrirait notarnrnent de
plusieurs hématomes sur le corps et d'entorses au
poignet gauche et au coude. Leurs vétements et
leurs sacs auraient egalement été déchirés au
cours de l'agression et leurs telephones portables
et leurs cartes bancaires. ainsi que plusieurs
docunients n'existant qu'en un seul exemplaire.
auraient ete confisques par ces mémes agents.
Enfin, ces derniers auraient egalement copié les
disques durs des ordinateurs portables de
Mme Bensedrine et M. Mestiri.
bateau Italien en provenance de Genes. qui
transportait egalement une automobile
d' immatriculation étrangère appartenant au
couple. et remplie de marchandises diverses en
grandes quantités. Conforn ément aux
procedures douanières, le véhicule est passé
devant le détecteur des substances interdites,
qui aussitôt émis un signal, a plusieurs
reprises. contraignant l'agent de douane a
inviter le conducteur a faire descendre les
effets pour inspection. Une fois l'inspection
terniinée. les effets ont été remis dans le
véhicule. Aucun effet n'a été saisi. Mine. Ben
Sedrine s'est illustrée. lors de cette banale
procedure douanière d' inspection de
marchandises. par un comportement agressif et
violent. vociférant continuellement des propos
haineux a l'encontre du douanier et portant
sans cesse des coups au tableau de bord de leur
voiture. Mme. Ben Sedrine et son époux n'ont
subi aucun mauvais traitement. encore moms
aucune violence. D ‘ailleurs. aucune plainte
pour mauvais traitement n'a été déposée. a ce
jour. dans aucune juridiction en Tunisie par les
deux époux. Ce qui denote le manque de
crédibilité des allegations de Mme. Ben
Sedrine destinées manifestement a manipuler
1 ‘opinion publique.
Para.
Country
Date
Type
Mandate
Allegations transmitted
Government response
231.
06/06/08
JUA
FRDX:
Slim Boukhdir. âgé de 39 ans. correspondant du
HRD;
journal panarabe base a Londres Al Quds AlArcibi
IJL;
et du site internet de la chaIne de télévision
TOR
satellitaire A/-A rctb/yct. Il publie aussi des articles
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sur plusieurs sites Internet dont Tunisnews et
Kantara. Depuis son incarceration a la prison de
Sfax, M. Boukhdir aurait contracté la gale en
raison de conditions de detention précaires,
notamment l'insalubrité de sa cellule et la
privation de douche depuis un mois et demi, et les
soins fournis par les autorités pénitentiaires
s'avêreraient insuffisants. Par ailleurs, il est
allégué que les provisions que l'épouse de
M. Boukhdir lui apporterait seraient confisquées
par les autorités pénitentiaires. Enfin, l'avocat de
M. Boukhdir et la famille ne seraient plus
autorisés a lui rendre visite depuis mi-avril 2008 .
232. 08/07/08 JUA WGAD; Ziad Fakraoui. M. Ziad Fakraoui a été l'objet
IJL; des communications antérieures
TOR (E/CN.4/2006/6/Add.1, para. 496;
A/HRC/7/3/Add.1, para. 229) appel urgent
envoyé par le Rapporteur special sur
l'indépendance des juges et des avocats et le
Rapporteur special sur la torture, le 19 aoüt 2005;
ainsi que d'une lettre d'allégation envoyée par le
Rapporteur special sur la torture, le 14 mai 2007.
Aucune réponse a ces communications n'a été
reçue. Le 25 juin 2008, M. Ziad Fakraoui aurait
et e arrété par des agents de sécurité en civil et
aurait été emmené au Ministére de l'Intérieur. La
famille de M. Ziad Fakraoui serait sans nouvelles
de lui. L'arrestation de M. Ziad Fakraoui ferait
suite a la publication récente d'un rapport de
1 ‘organisation non-gouvernementale Amnesty
International intitulé <> (In the Name of
Para.
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a
Security: Routine Abuses in Tunisia). Ce rapport
évoquerait notamment le cas de M. Ziad
Fakraoui, détenu de 2005 a 2007. qui aurait subi
des actes de torture le laissant sexuellement
impuissant. En mars 2007, M. Ziad Fakraoui
aurait indiqué un juge de ces actes de torture et
aurait demandé qu'un médecin l'examine et que
les responsables soient traduits en justice. Or. le
juge aurait refuse que les allegations de M. Ziad
Fakraoui soient enregistrées par le greffier et les
plaintes subsequentes des avocats de M. Ziad
Fakraoui déposées devant le Procureur public en
avril 2007 n'auraient pas été instniites. M. Ziad
Fakraoui aurait alors entamé une grève de la faim
qui aurait duré deux mois au cours desquels ses
avocats et les rnernbres de sa farnille n'auraient pu
lui rendre visite a de nombreuses reprises. En
décembre 2007. M. Ziad Fakraoui aurait été
condamné a 12 ans d'emprisoimement pour
appartenance a une mouvance terroriste et
incitation au terrorisme. La sentence aurait été
réduite en appel. et M. Ziad Fakraoui aurait été
libéré le 24 mai 2008 après avoir purge sa peine.
Para.
Country
Date
Type
Mandate
Allegations transmitted
Government response
233.
27/08/08
JAL
FRDX;
Mme Z. D., membre de l'Association de lutte
HRD;
contre la torture en Tunisie, de la section de
IJL;
Kairouan de la Ligue tunisienne des droits de
TOR:
l'Homme et du Fonim democratique pour le
VAW
travail et les libertés; M. Abdelaziz Ahmadi.
enseignant; M. Mammar Amidi. instituteur;
M. Fawzi Al Mas, technicien; M. Abdessalem
Dhaouadi. enseignant: M. Kamel Ben Othmane,
enseignant et M. Nizar Chebil. ouvrier.
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Mme Z. D. a fait 1' objet d'une communication
transmise antérieurement (EICN.412006161Add. 1.
para. 499). Le 27 juillet 2008. Mme Z. D.,
MM. Abdelaziz Ahmadi. Mammar Amidi. Fawzi
Al Mas, Abdessalem Dhaouadi, Kamel Ben
Othmane et Nizar Chebil auraient participé a
Redevef a une manifestation présentée comme
pacifique dont le but était de dénoncer des actes
de repression. notamment des arrestations. de la
part des forces de l'ordre a l'encontre des
habitants du bassin minier de Redevev.
Mme Z. D. aurait pris la parole au cours de cette
manifestation. Le 14 aoüt 2008. Mme Z. D. aurait
été condamnée par le Tribunal de premiere
instance de Gafsa a huit mois de prison fern e
pour <>. MM. Abdelaziz
Ahrnadi. Mammar Arnidi. Fawzi Al Mas.
Abdessalem Dhaouadi. Kamel Ben Othmane et
Nizar Chebil auraient. quant a eux. été condamnés
pour les mémes charges a six mois de prison
ferme. Des accusations de harcèlement sexuel et
de menace de viol auraient été fon ulées au cours
du procès par Mme Z. D. a l'encontre du chef du
district policier de Gafsa. mais celles-ci n'auraient
pas ete retenues. De méme. MM. Abdelaziz
Ahrnadi. Mammar Arnidi. Fawzi Al Mas.
Abdessalem Dhaouadi. Kamel Ben Othmane et
Para.
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Allegations transmitted
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Para.
Country
Date
Type
Mandate
Allegations transmitted
Government response
Nizar Chebi auraient accuse ce méme chef de leur
avoir extorqués des aveux sous la torture, ce qui
n'aurait également pas été pris en compte par le
tribunal.
234. 03/09/08 JAL FRDX; Mme Z. D., membre de l'Association de lutte
HRD; contre la torture en Tunisie, de la section de
IJL; Kairouan de la Ligue tunisienne des droits de
TOR; l'Homme et du Fomm démocratique pour le
VAW travail et les libertés; M. Abdelaziz Ahmadi,
enseignant; M. Mammar Amidi, instituteur;
M. Fawzi Al Mas, technicien; M. Abdessalem
Dhaouadi, enseignant; M. Kamel Ben Othmane,
enseignant et M. Nizar Chebil, ouvrier.
Mme Z. D. a fait l'objet d'une communication
transmise antérieurement (para. 232 ci-dessus).
Le 27juillet 2008, Mme Z. D., MM. Abdelaziz
Ahmadi, Mammar Amidi, Fawzi Al Mas,
Abdessalem Dhaouadi, Kamel Ben Othmane et
Nizar Chebil auraient participé a Redeyef a une
manifestation présentée comme pacifique dont le
but était de dénoncer des actes de repression,
notamment des arrestations, de la part des forces
de l'ordre a l'encontre des habitants du bassin
minier de Redeyev. Mme Z. D. aurait pris la
parole au cours de cette manifestation. Le
14 aoüt 2008, Mme Z. D. aurait été condamnée
par le Tribunal de premiere instance de Gafsa a
huit mois de prison ferme pour << insubordination,
troubles de l'ordre public, entraves a un
fonctionnaire dans l'exercice de ses fonctions,
détérioration des biens d'autmi et atteinte aux a
bonnes mc urs >>. MM. Abdelaziz Ahmadi,
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Country
Date
Type
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Allegations transmitted
Government response
Mammar Amidi. Fawzi Al Mas, Abdessalem
Dhaouadi. Kamel Ben Otbmane et Nizar Chebil
auraient. quant a eux. été condamnés pour les
mémes charges a six mois de prison ferme. Des
accusations de harcèlement sexuel et de menace
de viol auraient été fon ulées au cours du procès
par Mme Z. D. a 1' encontre du chef du district
policier de Gafsa, mais celles-ci n'auraient pas été
retenues. De méme. MM. Abdelaziz Ahmadi.
Mammar Amidi. Fawzi Al Mas, Abdessalem
Dhaouadi. Kamel Ben Othmane et Nizar Chebi
auraient accuse ce méme chef de leur avoir
extorqués des aveux sous la torture. ce qui
n'aurait egalement pas été pris en compte par le
tribunal.
235.
05/09/08
JUA
WGAD;
FRDX;
HRD;
TOR
M. Tarek Soussi, membre de l'Association
internationale de soutien aux prisonniers
politiques. Le 27 aoüt 2008. une dizaine de
policiers en civil auraient interpelle M. Soussi a
son domicile a Bizerte et l'auraient conduit vers
un lieu inconnu. L'arrestation de M. Soussi ferait
suite a son intervention par téléphone sur la
chaine de télévision satellitaire Al-Jazira au cours
de laquelle il avait dénoncé l'interpellation
abusive de sept individus.
Par lettre datée du 12/01/08. le Gouvernement
a indique que les poursuites penales engagées
contrre M. Tarak Soussi trouvent leur
fondement dans un texte du droit tunisien qui
interdit la diffusion de fausses nouvelles. Le
procureur de la Republique a ordonné
l'ouverture d'une enquête preliminaire a
l'encontre de M. Soussi aux fins de proceder a
tous les actes nécessaires a la manifestation de
la vérité. Après cloture de l'enquête
preliminaire. M. Soussi a été référé au parquet.
Le procureur de la Republique a ordonné, au
vu des éléments de l'enquête. l'ouverture
d'une instniction préparatoire a l'encontre du
prévenu du chef de diffusion de fausses
nouvelles de nature a troubler l'ordre public
confon ément au Code de la presse.
Le juge d'instniction. avant estimé que les faits
reprochés a M. Soussi sont suffisamment
graves pour justifier son arrestation, a décidé.
après interrogatoire du prévenu. de le mettre en
detention preventive. M. Soussi a sollicité. par
le biais de son avocat, sa remise en liberté
provisoire. Le juge d'instniction a décidé de
remettre l'inculpe en liberté jugeant ainsi que
cette mesure n'est pas de nature a entraver le
déroulement nonnal de l'instniction. Une fois
la procedure achevée. le juge d'instniction a
décidé de déférer M. Soussi devant la
juridiction compétente pour répondre du chef
de diffusion de fausses nouvelles de nature a
troubler l'ordre public.
Par lettre datée du 01/02/08. le Gouvernement
a indiqué que M. Abdallah Hajii.
précédemment détenu a Guantanarno et rernis
le 18 juin 2007 aux autorités judiciaires
tunisiennes. était responsable des programmes
rnilitaires a l'etranger du << Front islamique
tunisien >>. branche secrete du niouvenient
terroriste interdit << Ennabdha >>. Ce groupe
prônait. dans son texte fondateur de 1989. la
guerre sainte. l'action année et la violence
révolutionnaire et s'emplovait a renverser le
gouvernement en place par la violence.
M. Hajji a eu. en outre. des activités
d'entraInement au maniement des annes en
Afghanistan. Il a été condamné par contumace
Para.
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236.
Follow-up
to earlier
cases
Abdullah Bin Omar a! Hajji et Lutfi Ben Swei
Lagha (A/HRC/7/3/Add. 1. para. 230)
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par lajustice tunisienne a dix ans
d'emprisonnement pour appartenance a une
organisation terroriste, et est recherché depuis
lors pour purger sa peine.
Des sa remise a lajustice tunisienne, la police
judiciaire a établi un procès verbal constatant
l'arrestation de l'intéressé avant de le déférer,
conformément a la loi, devant le tribunal qui
1 ‘avait condamné. L' intéressé a fait opposition
aujugement eta compam le jour méme,
assisté de son avocat, devant la cour qui a
décidé de reporter l'affaire au
26 septembre 2007, et d'émettre un mandat de
dépôt contre lui. Le procès a été renvoyé au
31 octobre 2007, puis au 14 novembre 2007. Il
a été condamné a sept ans d'emprisonnement
pour appartenance en temps de paix a une
organisation terroriste operant a l'étranger.
L'audience s'est déroulée en presence
notamment de diplomates étrangers, d'un
responsable de l'organisation << Reprieve >> et
de journalistes.
L'intéressé s'est pourvu en cassation et
l'affaire flit enrôlée sous le no. 29311/2007. En
date du 2 juin 2008, le pourvoi fut rejeté quand
au fond.
Pour ce qui est des conditions de detention,
M. Hajji est détenu dans des conditions
normales et reçoit regulierement la visite de sa
famille et de son avocat. Il a egalement reçu la
visite du Comité international de la Croix
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Rouge. Il n'a subi, contrairement aux
allegations qui vous sont parvenues, aucun
mauvais traitement. Aucune menace n'ajamais
ete proférée contre sa personne ni contra sa
famille.
M. Lotfi Lagha, lui aussi ancien détenu de la
prison de Guantanamo, a été incarcéré a la
prison civile d'El Mornaguia le 21 juin 2007
en application d'un mandat de dépôt établi a
son encontre par le juge d'instmction auprès
du Tribunal de premiere instance de Tunis
pour perpetration d'actes terroristes. Il a été
ensuite déféré devant la Chambre d'accusation
de la Cour d'Appel de Tunis pour constitution
de bande de malfaiteurs ayant pour but de
porter atteinte aux personnes et aux biens. Les
autres chefs d'accusation retenus a son
encontre par le Ministère public ont été
classes.
Comparu devant le tribunal le 24 octobre 2007,
il a été condamné a trois ans
d'emprisonnement.
Pour ce qui est des conditions de detention de
M. Lagha, il convient de préciser que
l'intéressé bénéficie de toutes les garanties
d'un traitement humain et conforme a la
legislation en vigueur. Il a egalement reçu la
visite du Comité international de la Croix
Rouge.
Sayfallah Ben Omar Ben Hassine
(A/HRC/7/3/Add. 1, para. 231)
Par lettre datée du 01/02/08, le Gouvernement
a indiqué que M. Ben Hassine, incarcéré
depuis le 3 mai 2003, a été condamné dans
cinq affaires a 68 ans d'emprisonnement pour
perpetration d'actes terroristes dans le cadre
d'une organisation terroriste operant a
l'etranger.
Pour ce qui est des conditions de detention de
l'intéressé, M. Ben Hassine purge sa peine
dans des conditions normales et bénéficie de
toutes les garanties prévues par la legislation
régissant les prisons, y compris le droit au
suivi medical regulier.
L'intéressé a déclaré lors de son admission a la
prison qu' ii était atteint de paludisme. Il a subi
alors au service des maladies transmissibles
plusieurs examens médicaux ayant révélé sa
guérison de cette maladie. Il a été ensuite
examine par des médecins specialistes en
allergologie, en orthopedie et en
ophtalmologie. Des médicaments lui ont ete
prescrits et son état de sante est normale.
L'intéressé a pris coutume de transgresser les
reglements carcéraux et de s ‘ addoner a une
attitude provocatrice a l'égard des gardiens de
la prison. Il s'est exposé, par son attitude
récidiviste, a des sanctions disciplinaires
prononcées a son encontre, a plusieurs
reprises, par la commission de discipline de la
prison, consistant dans le confinement en
237.
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HLTH;
IJL;
TOR
Abdullah Ocalan (subject of a previously
transmitted communication. EICN.41200019,
para. 1058-1059). currently detained in Imrali
Island High Security Closed Prison, since
15 Febniary 1999. The total isolation of
Mr. Ocalan, the sole inniate at Irnrali Island-for
almost ten years. has resulted in severe
deterioration of his mental health. Results of
psychiatric examination have showed that this
deterioration is linked with situations of chronic
stress and prolonged social and emotional
isolation, along with feelings of abandonment and
disappointment. Mr. Ocalan inhabits a 12 square
meter cell with a table, chair, bed, wash basin,
toilet and a shower cabin. He is confined to his
cellule individuelle et l'interdiction des visites
familiales pour une période ne dépassant pas
quinze j ours.
Il convient de noter, a ce propos, que le
confinement en cellule individuelle est une
sanction disciplinaire exceptioimelle qui
comporte la remise du détenu contrevenant
dans une cellule individuelle équipée des
installations sanitaires nécessaires et dotée de
fenétres pern ettant 1 ‘éclairage et 1' aeration
nécessaire, pour une période qui ne doit guère
dépasser dix jours. Pendant cette période, le
détenu contrevenant continue a bénéficier de
ses droits. Il demeure obligatoirement sous le
contrôle du médecin qui peut, pour des raisons
de sante, demander la remise de la sanction .
By letter dated 27/20/08, the Government
informed that the terrorist organization
PKKIKONGRA-GEL had previously
orchestrated campaigns aiming to place the
convict Ocalan on the agenda of the
international community. Various claims
concerning his situation used during such
smear campaigns were later proved to be
groundless. In fact, the recent allegations
constitute another attempt by the supporters
of the terrorist organization
PKKIKONGRA-GEL to bring this matter to
the international agenda by exploiting the
UN human rights mechanisms.
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238. Turkey
27/08/08
JAL
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cell for 23 hours per day under round-the-clock
video surveillance. Except for consultations, he
has no access to the adjoining room. The exercise
yard. which he can use for one hour per day is
45 square meters. covered by wire netting, and is
surrounded by a 4 m high wall.
He has no access to basic fitness or sports
equipment. There is no availability of other types
of activities, nor access to a television. Contact
with prison staff is minimal and perfunctory.
Visits by his lawyers are restricted to Wednesdays
only and are recorded. Although he is allowed
two visits per month (one separating panel visit
and one table visit, each of one hour's duration on
a Wednesday), it is reported that table visits are
effectively denied because of the restricted class
of visitors perniitted. He does not have monitored
access to a telephone. According to the European
Committee for the Prevention of Torture, “there
had been no favourable response from the Turkish
authorities to the various recommendations made
by the CPT as early as 1999, and subsequently
expanded on, to alleviate the harn ftil effects of
his detention” (Report to the Turkish Government
on the visit to Turkey carried out by the European
Committee for the Prevention of Torture and
Inhuman or Degrading Treatment or
Punishment (CPT) from 19 to 22 Ma 2007,
CPT/Inf (2008) 13). According to the Special
Rapporteurs, the weight of accumulated evidence
to date points to the serious and adverse health
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effects of the use of solitary confinement. The key
adverse factor is that socially and psychologically
meaningful contact is reduced to the absolute
minimum, to the point that it is insufficient for
most detainees to remain mentally
well-functioning. Regardless of the specific
circumstances of its use, effort is required to raise
the level of social contacts for prisoners: prisoner
- prison staff contact, allowing access to social
activities with other prisoners, allowing more
visits, and providing access to mental health
services.
Mr. Sazak Durdymuradov, a contributing
reporter for the Turkmen Service Radio Free
Europe/Radio Liberty (RFE/RL), in Bakhaden.
On 20 June 2008, Mr. Sazak Durdymuradov was
forcibly removed from his home in Bakhaden by
members of the National Security Ministry
(MNB). He was then transferred to a local
psychiatric hospital located between the cities of
Bakhaden and Ashgabat, before being taken to an
MNB station in Bakhaden where he was severely
beaten with a pipe, subjected to electroshocks and
forced to sign a letter which stated that he agreed
to stop reporting for RFE/RL.
Mr. Durdamuradov' s wife managed to see him at
the MNB station on 24 June 2008. He told her
that he had been diagnosed with mental instability
at the psychiatric hospital. Mr. Durdymuradov is
reportedly in good health and had never
previously suffered from a mental disease.
Mr. Sazak Durdymuradov may then have been
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239. Turkmenistan 02/07/08
JUA
WGAD;
FRDX;
TOR
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240. Uganda 12/08/08 JAL HRD: U. M., aged 26, 0. P., V. K., and J. 0.. all
IJL; members of Sexual Minorities Uganda (SMUG),
TOR a local organization advocating on behalf of
Uganda's lesbian. gay, bisexual, and transgender
(LGBT) people and on HW/AIDS issues in
Uganda: and N. M., programme coordinator of
Transgender, Jntersex. Transsexual (TIT). an
organization that supports the needs of
transgender, transsexual, and intersex Ugandans.
On 4 June 2008, police arrested U. M., 0. P., and
V. K. in Kampala, after a protest at the 2008
“HIV/AIDS Implementers Meeting”. The
activists were protesting against statements made
by Kihumuro Apuuli, director general of the
Uganda AIDS Commission, who on
2 June declared that “gays are one of the drivers
of HIV in Uganda, but because of meagre
resources we cannot direct our programmes at
them at this time”. Police took the three activists
to the Jinj a Road Police Station and detained them
until 6 June. Authorities finally released the
activists on bail after charging them with criminal
trespass, under Section 302 of the Uganda Penal
Code, despite the fact that sponsors of the
Implementers Meeting had invited the activists to
attend the conference. The defendants then
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relocated to a psychiatric hospital in the Lebap
region, where critics of the Government are
alleged to be forcibly abducted. However,
Mr. Durdymuradov' s whereabouts have not been
confirmed. When contacted by RFE/RL staff
1/'INB authorities denied knowledge of the case.
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appeared before a Kampala court on 25 July.
where several witnesses of the State (mainly
police officers) and the defendants were
cross-examined. The judge adjourned the hearing
until 1 August. At previous hearings held on
9 and 10 July. the judge adjourned the case
following the public prosecutor's request to give
police additional time to locate new witnesses.
After the court hearing, a patrol car stopped the
taxi U. M. was riding in. and four men identifying
themselves as police officers, three of them in
uniforms and the fourth dressed in plain clothes.
detained him and put him in the police's pickup
tnick. The police officers drove towards Jinja
Road where a civilian car with tinted screens was
waiting for them parked in front of Shoprite.
Police officers forced U. M. into the other car
with three other policemen; two wore suits and
one wore a police unifonm The men drove around
for about 30 minutes and took U. M. to an
undisclosed location. Two female and one male
police officer were waiting. The police
confiscated U. M. ‘5 mobile phone, which
contained contact names and numbers of
members of SMUG and other LGBT rights
organizations. The police asked U. M. if he was
N.. and when he said that he was not. they asked
for his name. The three police officers then
pushed him through a dark corridor into a room
where they made him sit on a chair. U. M.. saw
four other mnen around his age in the room. One
had a broken leg and the other three appeared to
have been beaten. One of the women officers
scraped his knuckles with a razor-like obj ect. His
abductors asked him questions in Luganda, a local
language, about the activists' funders and
supporters, and about his own role “among the
homosexuals”. They also demanded inforn ation
about P. and N. They demanded the address of the
SMUG office, as well as the residence and office
of U. M. ‘s lawyer. Before dawn, they forced him
to strip to his underwear, asked him if he was a
man or a woman, and made him walk around the
room in his underwear. In the room, there was a
device above a cushioned bench into which a
person's arms could be locked. As the device was
lowered by a switch, tbe arms got stretched.
U. M. was ordered by a policeman to lie on the
bench face-up, threatened, and asked to provide
information on the organization's sources of
funds. U. M. said nothing and his arms were
stretched, leaving him with intense pain. After
about 15 minutes. the machine was turned off and
he was asked how much he was paid to be a
homosexual. When he did not answer, they left
him sleeping on the bench. On the following day.
26 July. the police dropped U. M. off at Mulago
round-about in central Kampala. On 28 July,
activists accompanied U. M. to file an official
complaint before the Uganda Human Rights
Commission (UHRC). He also visited a doctor
who documented the ill-treatment. On 29 July he
went to the African Centre for Torture Victims
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(ACTV) to receive psychological support. As of
today, police have not detained the people
responsible for M. ‘s torture.
241. Ukraine Follow-up Igor Koktysh (A/HRC/7/3/Add.i. para. 184) By letter dated 21/01/08, the Government
to earlier infonned that the Belanisian citizen Igor
cases Gennadievich Koktysh. is sought by the
criminal investigation department of the
internal affairs administration of the Brest
province executive committee, for the
commission of the offences of murder and
robbery. He was also the subject of search
operation No. 07128 of 6 August 2002:
international search warrant No. 2002/499;
criminal case No. 0102207001: and a
preventive measure of arrest approved on
27 January 2001 by the procurator of
Gantsevichi district in Brest province.
Mr. Kokt sh was detained on 25 June 2007
and placed in a temporary holding facility of
the administration of the Ministry of Internal
Affairs of Ukraine in Sevastopol. On the basis
of the decision of 27 June 2007 by a judge of
the Balaklava district court in Sevastopol the
preventive measure of remand in custody was C
chosen for Mr. Koktysh. On 6 July 2007,
Mr. Kokt sh arrived at the Simferopol remand
centre in the Autonomous Republic of Crimea.
On 24 July 2007, the Office of the
Procurator-Gene ral of Ukraine infonned the
Sevastopol procurator's office that the Office
of the Procurator-General of Belanis had
requested that Mr. Kokt sh be handed over to
the Belamsian law enforcement authorities for
criminal prosecution.
On 3 August 2007, the judge of the Balaklava
district court in Sevastopol issued a decision
on the remand in custody of Belamsian citizen
Igor Koktysh in order to ensure his extradition
to Belamsian law enforcement authorities.
Mr. Koktysh was taken from the Simferopol
remand centre to appear at the court hearing.
During his detention at the Simferopol remand
centre, Mr. Koktysh was twice taken to the
temporary holding facility of the
administration of the Ukrainian Ministry of
Internal Affairs in Sevastopol.
According to the register of communications
and complaints of the Simferopol remand
centre, since 6 July 2007 Mr. Koktysh has
sent: a complaint against the Sevastopol court
of appeals (ref No. K-493); a petition to the
Balaklava district court in Sevastopol
(ref No. K 496); and a complaint
(ref No. K-502) to the Office of the
Procurator-General of Ukraine. With the
consent of the Office of the Procurator-General
of Ukraine (ref No. 14/2-30255-07), a lawyer
is currently representing the interests of
Mr. Igor Koktysh in the European Court of
Human Rights.
At present, Mr. Koktysh is in the Simferopol
remand centre in the Autonomous Republic of
Crimea. According to information from the
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Security Service of Ukraine, Belanisian citizen
Igor Kokt/sh was not arrested by officials of
the Security Service of Ukraine, no criminal
proceedings have been instituted against him,
there has been no criminal investigation, and
no complaints from him or on his behalf have
been received by the Security Service of
Ukraine.
The decision to extradite Belanisian citizen
Mr. Koktvsh falls within the competence of the
Office of the Procurator-General of Ukraine. It
has stated that it received a request from the
Office of the Procurator-General of Belanis for
the extradition of Mr. Koktvsh for the purpose
of criminal prosecution for murder. robbery
and deliberate destniction of property.
At the request of the Office of the
Procurator-General of Ukraine, the Belanisian
side gave guarantees that, if Mr. Koktvsh is
extradited, he will not be subject to capital
punishment, and that the provisions of article 3
of the Convention for the Protection of
Human Rights and Fundamental Freedoms
will be observed. He will not be subjected to
torture, inhuman or degrading treatment or
punishment. He will also be guaranteed the
right to a fair trial, and the criminal
proceedings against him will not be
discriminatory. If necessary, Mr. Koktysh will
be offered the necessary medical treatment and
medical assistance.
The Office of the Procurator-General of
Ukraine has no inforn ation that unlawful
investigative methods were used against
Mr. Koktvsh in Belanis.
With regard to the communications sent by
Mr. Koktvsh's wife. Ms. Irma Tvutvunnik. and
his parents to the Office of the
Procurator-General of Ukraine concerning the
illegal prosecution of Mr. Koktvsh. it should
be pointed out that the Office of the
Procurator-General of Ukraine does not have
the competence to consider the substance of
such communications and were forwarded to
the Office of the Procurator-General of
Belanis. The Belanisian side has stated that the
petitioners' arguments will be verified during
the trial of the criminal case, and that the
petitioners have been infon ed accordingly.
Ukrainian law enforcement agencies have not
conducted any investigation in connection with
the criminal case against Mr. Koktvsh. since
this is the exclusive prerogative of the
competent authorities of Belanis. On
instnictions from the Office of the
Procurator-General of Ukraine, the existence
of any circumstances that might make it
impossible to extradite Mr. Koktvsh was
verified.
Bearing in mind that Mr. Koktvsh filed an
application against Ukraine with the
European Court of Human Rights, in order to
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United Arab
Emirates
Cherif Mohammed Haidara (subject of a
previously transmitted communication.
A/HRC/7/3/Add.l, para. 241). On
10 January 2008. Mr. Haidara was called to one
of the head offices in the Central Prison, where an
officer inforn ed him about the Special
Rapporteur' s coniniunication on his allegations.
dated 7 December 2007 (see above). When
Mr. Haidara left the office, two police officers
who had previously worked at the prison, awaited
him and threatened to send him to a prison in Abu
Dhabi's desert to be tortured if he did not
withdraw his complaint.
By letter dated 18/03/08, the Government
inforn ied that the competent authorities in the
United Arab Emirates have investigated the
credibility of the inforn ation provided in
relation to Mr. Haidara and found that he is
being held in Dubai Central Prison, pursuant to
a decision of the Dubai Court, on civil and
criminal charges. Mr. Haidara has not lodged
any complaint about being beaten or tortured
with the Human Rights Department in Dubai.
although ambassadors and consuls of
accredited States frequently visit the prison as
part of the Central Prison's visits programme.
as do human rights officials as part of the visits
programme of the Human Rights Departnient
under the scheme for protection of prisoners'
rights. Furthern ore. Mr. Haidara receives
regular treatment, free of charge, at Dubai
Hospital for the illnesses from which he
suffers, which include gastritis, oesophageal
reflux and knee problems. He has not
complained of any chronic or incurable
diseases when attending government hospitals.
His most recent medical examination did not
show any sign of torture or beating. We
enclose herewith a medical report dated
242.
17/01/08
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halt the extradition procedure, the Office of the
Procurator-General of Ukraine can guarantee
that no decision concerning Belanis'
extradition request will be taken until the
European Court has considered the substance
of Mr. Koktysh's application.
UA
TOR
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21 January 2008, issued by the health-care
section of the Department of Penitentiary and
Correctional Institutions of the Dubai Police.
According to the note of the Special
Rapporteur on the question of torture,
Mr. Haidara complained that he was
threatened with torture, not that he suffered
actual torture. Moreover, Mr. Haidara is still in
the Dubai Central Prison and has not been
transferred to a prison in Abu Dhabi, as stated
in the aforenientioned note. In this respect, we
note that the Department of Health, in
cooperation with the Central Prison
administration, conducts periodic examinations
of all prisoners in order to safeguard the health
of prison inmates and provide theni with health
care and advice. Moreover, a medical
professional within the prison provides
day-to-day treatment for general conditions.
Medical emergencies are transferred to the
hospital.
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243.
United
Follow-up
A. J. K. and Iyyad Salem Hannoun
By letter dated 11/02/05. the Government
Kingdom of
to earlier
(EICN.4120051621Add.i, para.
1849)
infon ed that these allegations have been the
Great Britain
cases
subject of an official investigation. which has
and Northern
now been completed. The case papers are with
Ireland
the Anny Prosecuting Authority. who are
considering whether to bring prosecutions
against a number of individuals suspected of
involvemnent in the case.
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244.
Baha Dawood Salem al-Maliki, Kifah Taha
Moussa, Baha Shehab, Dhaher ‘Abdallah ‘All.
Mohand Dhaher ‘All. Jawad Kadhem, Radeef
Taha Muslim, and Sattar (Ibid. para. 1850).
By letter dated 11/02/05. the Government
inforn ed that these allegations have been
subject of an official investigation, which has
now been completed. The Arniv Prosecuting
Authority are considering whether to prosecute
individuals suspected of involvement.
Following a compensation claim, the
Government has already made a goodwill
payment ot the family of Baha al-Maliki.
245.
‘Abd al-Jabbar Moussa ‘All (ibid, para. 1851)
By letter dated 11/02/05, the Government
informed that the Special Investigation Branch
(SIB) of the Royal Military Police initiated an
investigation in response to these allegations.
Following these initial steps, the
SIB investigators told the family that an
autopsy was cnicial for their investigation to
continue. The family refused to have the body
exhumed. The Government decided to close
the investigation in Febniarv 2004 due to lack
of corroborative evidence and the refusal of
the faniily to pennit an autopsy. It was
suspected that Mr. Ali had died due to cardiac
arrest.
246.
United States
of America
26/12/07
UA
TOR
Onsy Zakhary, aged 63, an Egyptian national,
Coptic Christian, currently detained at Plymouth
County Correctional Facility, Massachusetts.
Mr. Zakhar is at imminent risk of forcible return
to Egypt. Tn 1968, while he was doing his military
service, an Ann Commander attempted to
forcibly convert him to Islam and ordered his
subordinates to beat Mr. Zakharv and subject him
to other fonns of ill-treatment when he refused.
Mr. Zakharv then escaped from the arniv and fled
Egypt using false papers. He spent about 20 years
in Italy before moving to the United States in
1997. Mr. Zakharv was ordered to be deported by
the United States. He filed for asylum and relief
from deportation based on U.S. laws and the
Convention Against Torture, but was denied.
In 2005. a Massachusetts court convicted
Mr. Zakharv of assault with intent to rape a
minor, and he served a sentence of five years.
Mr. Zakharv would face criminal prosecution in
Egypt for leaving the Egyptian arnw without
permission, using false papers, and possibly also
in connection with the alleged abuse of a minor.
for which he was convicted in the U.S .
247. 25/02/08 JAL ilL: Khalid Sheikh Mohammad. Mohammad
TERR; al-Qahtani, Ramzi bin al-Shibh, All Abd
TOR al-Aziz All (also known as Ammar al-Baluchi),
Mustafa Ahmed al-Hawsawi. and Walid bin
Attash (also known as Khallad), currently
detained at the military detention facility at
Guantanamo Bay. Pursuant to the Military
Commissions Act of 2006 (MCA), all six will
shortly be brought before military commissions
on charges of conspiracy, murder in violation of
the laws of war, attacking civilians, attacking
civilian objects, intentionally causing serious
bodily injury, destniction of property in violation
of the laws of war, terrorism, and providing
material support for terrorism. It is long overdue
for Guantanamo Ba detainees allegedly
responsible for or involved in the 9/il attacks in
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the United States to be finally charged and
prosecuted. However, the commissions
established under the MCA lack the legal
competence and procedural guarantees to conduct
fair trials in accordance with international legal
standards. This case highlights a number of
concerns that have already been raised in the
mission report of the Special Rapporteur on
human rights and counter terrorism to the U.S.
(A/HRCI6I 17/Add. 3) regarding the jurisdiction
and composition of the military commissions, the
use of evidence, the imposition of the death
penalty for certain offences, and shortcomings in
securing a fair trial. On the issue of the use of
evidence, we are concerned about allegations that
some, or even all, of the six detainees have been
subjected to highly abusive interrogation
techniques that may have amounted to torture, or
to cruel, inhuman or degrading treatment, equally
prohibited under the non-derogable guarantees
provided by article 7 of the ICCPR and under
article 15 of the Convention against Torture. The
domestic law definition of torture for the purpose
of the proceedings before the military commission
is restricted, not catching all forms of coercion
that amount to torture or cmel, inhuman or
degrading treatment equally prohibited under the
non-derogable terms of the above named articles.
On 5 February 2008 Central Intelligence Agency
Director-General Michael Hayden advised
Congress that Mr. Khalid Sheikh Mohammad had a
been subjected to “waterboarding”. There is
reportedly other evidence contained in
interrogation logs that may confinn that some, or
perhaps all, of the six detainees were subjected to
abusive interrogation techniques, including stress
positions and sleep deprivation. The wording of
the MCA allows testimony obtained through
abusive interrogation techniques that were used
prior to the Detainee Act of 2005 if such evidence
is found to be “reliable” and its use “in the
interests of justice”. This is contrary to the clear
and well established principle of international law
that excludes the use of evidence obtained by
torture or cniel. inhuman or degrading treatment
for the purpose of trying and punishing a person.
Concern is expressed for the use of evidence
based on classified information and by the
admission of hearsay evidence in proceedings
before military commissions, in the fonn of a
written summary of the evidence, if the military
judges consider it to be “reliable” and
“probative”. The admissibility of such evidence
presents serious problems with regard to the right
to fair trial since the accused is not secured the
possibility of cross-exanlination of witnesses, as
foreseen under article 14, paragraph 3 (e) of the
ICCPR. If hearsay evidence was obtained through
torture or coercion in respect of other persons and
the interrogation techniques applied were
themselves classified, the defendant would not
know whether the evidence was obtained by such
methods and therefore should be subject to a legal
challenge. Against this background, strong
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concern is expressed regarding the intention of
the Government to request the death penalty
regarding the six detainees on grounds of
conspiracy and murder. The proceedings
governed by the MCA seriously undermine the
right to a fair trial provided under article 14 of the
ICCPR. Furthern ore. the right to appeal is limited
to matters of law. Thus, in the context of fair trial
concerns this means that the imposition of the
death penalty, in the event of a conviction or
convictions by the military commission in this
case, is likely to be in violation of Article 6 of the
ICCPR .
248. 27/03/08 UA TOR Frank Igwebuike Enwonwu. aged 58. a
Nigerian national. Mr. Enwonwu faces imniinent
deportation to Nigeria. He is currently on
supervised release from detention. He has
exhausted all domestic legal remedies and the
only obstacle to effectuating his deportation is
that the Nigerian Ernbass has et to issue his
travel documents. In 1986, the U.S. Dnig
Enforcement Administration (DEA) induced him
to become an informant for them after he was
found with five ounces of heroin at a Boston
airport. In 1996. new legislation made all
immigrants with convictions for certain crimes
retroactively removable, no matter how much
time had passed since the crime was committed.
Mr. Enwonwu applied for protection under the
Convention Against Torture (CAT) Act. An
immigration judge found it was “more likely than
not” that Mr. Enwonwu would be tortured by the
dnig traffickers he had exposed if returned to
Nigeria. Accordingly, in 1999, the immigration
judge granted Mr. Enwonwu CAT relief. The
United States appealed to the Board of
Immigration Appeals (BIA). but failed to serve
proper notice on Mr. Enwonwu. The BIA later
granted the appeal. When, in 2003, Mr. Enwonwu
visited an immigration office in Boston to renew
his work visa, he was taken into custody for
removal to Nigeria. Mr. Enwonwu filed a habeas
corpus petition alleging due process violations. A
U.S. District Court Judge was preparing to grant
him habeas relief and a stay of removal, also
finding it “more likely than not” that
Mr. Enwonwu would be subj ect to torture upon
return to Nigeria, when the REAL ID Act stripped
that court of jurisdiction to hear the habeas claims
of non-citizens in removal proceedings with
criminal convictions. If deported to Nigeria,
Mr. Enwonwu would be imprisoned for five years
in a Nigerian jail. The dnig traffickers who work
and live in Nigeria might seek retribution for
Mr. Enwonwu's cooperation with the
U.S. Government.
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249.
2 1/08/08
AL
TOR
Correctional Emergency Response Teams
(CERT) in Georgia State prisons. Numerous
instances have been documented between 2003
and 2006 relating to beatings meted out on
inmates by CERT in Georgia prisons. The prisons
identified include Valdosta State Prison, Rogers
State Prison, Augusta State Medical Prison, Costal
State Prison, Ray James Prison, Georgia State
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Prison. Telfair State Prison. Autrv State Prison.
Bostic State Prison, Calhoun State Prison,
Georgia Diagnostic and Classification Prison,
Lee State Prison, Macon State Prison, Pulaski
State Prison. Rivers State Prison, Philips State
Prison and Haves State Prison. The CERT Teams.
with the knowledge and acquiescence of the
prison administrations, including medical staff,
allegedly carry out severe summary punishment
of physical beatings on inmates while they are
restrained handcuffed behind their backs. The
prisoners are kicked, slapped, as well as beaten
with black leather gloves padded on the knuckles,
which are issued by the Georgia Department of
Corrections.
In addition to the beatings, various techniques are
also used as summary punishment. Known as the
“Georgia motorcycle”, stripped inmates are
strapped onto an iron bed or chair with four or
five point restraints for 24 or more hours, often
without food, water, or bathroom breaks. A
football helmet is put on their heads to keep them
from beating their unrestrained heads in
fnistration. Another technique, the “Georgia
g-string”, consists of a chain nm through the
buttocks and crotch of a stripped inmate and
tightly cinched up for varying lengths of time . ___________________________________________________
FL
250. 12/12/08 JAL HLTH. Mr. Coleman was arrested on 4 October 2002
TOR and incarcerated on 24 Febniarv 2005. He went
on hunger strike in late 2007. As a result, he has
lost weight (he is currently underweight for a
healthy adult with his body type). Consequently.
on the basis of a broad temporary court order
granted in early 2008, which pen its intravenous
and nasal-gastric feeding, he has been force-fed.
Between 22 September and 22 October 2008,
Mr. Coleman was force-fed intravenously
approximately ten times. On 23 October,
employees of the Connecticut Department of
Corrections (CDOC), including medical staff,
placed Mr. Coleman in an isolated area, where
they locked him down in four-point restraints and
inserted a nasogastric feeding tube into his nose
and down his throat.
With Mr. Coleman's body weakened from a
year-long hunger strike, the above described
force-feeding procedure carries the following
risks: major infection, pneumonia, or a collapsed
lung. Immediately after the procedure,
Mr. Coleman began sneezing up blood. He is
suffering from the psychological impact of the
force-feeding. Mr. Coleman is being monitored
by CDOC medical staff.
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251.
Follow-up
Abdul
Ra'ouf Omar Mohammed Abu
By letter dated 11/04/08, the Government
to earlier
al-Qassim
(A/HRC/7/3/Add. 1, para. 251)
responded that U.S. officials from all
cases
government agencies are prohibited from
engaging in torture, at all times, and in all
places. All U.S. officials, wherever they may
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be, are also prohibited from engaging in cniel.
inhuman and degrading treatment or
punishment against any person in
U.S. custody, as defined by obligations under
the Convention against Torture. More details
are contained in a 2005 report to the
Committee against Torture (CAT/C/4 8/Add. 3).
That report also reiterates that, as a matter of
policy, the United Sates does not transfer
persons to third countries where it determines
that it is more likely than not that they would
be tortured, even though, as a matter of law,
the non-refoulement obligation under article 3
of the Convention Against Torture doe not
apply outside of the territory of a State Party
and article 7 of the International Covenant on
Civil and Political Rights does not contain a
non-refoulement obligation. With regard to
your questions concerning Mr. Qassim, the
United States is not in a position to discuss
specific bilateral arrangements with Libya or
the transfer prospects for any particular
detainee. We can confinm however, that
consistent with our humane treatment policy,
the Department of State obtains appropriate
diplomatic assurances from countries to which
transfers are being considered. The credibility
of diplomatic assurances is evaluated
considering the identity, position, or other
information regarding the official making the
assurances, as well as relevant political, legal
and diplomatic circumstances, in appropriate
Walid Muhammad Shahir Muhammad
Al-Qadasi (E/CN.4/2006/6/Add.i. para. 527)
cases the United States seeks access by
governmental or non-governmental entities to
verify the treatment of those who are
transferred. The United States transfer
procedures include appropriate post-transfer
follow up. Where we receive credible reports
that a country has abused a transferred
detainee, we investigate those reports by
engaging government representatives and other
groups and individuals with relevant
knowledge. These groups and individuals may
include members of the NGO community, and
representatives or associates of the individual
in question. An detennination that a
government failed to comply with its
assurances would constitute a serious issue in
the context of our bilateral relationship with
that government and would, of course, have an
adverse impact on the U.S.' ability to do future
transfers.
By letters dated 11/04/08 and 11/07/08, the
Government responded that U.S. officials from
all government agencies are prohibited from
engaging in torture, at all times, and in all
places. All U.S. officials, wherever they may
be, are also prohibited from engaging in cniel.
inhuman and degrading treatment or
punishment against any person in
U.S. custody, as defined by obligations under
the Convention against Torture. More details
are contained in a 2005 report to the
Committee against Torture (CAT/C/4 8/Add. 3).
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252.
That report also reiterates that, as a matter of
policy, the United States does not transfer
persons to third countries where it detern iines
that it is more likely than not that they would
be tortured, even though, as a matter of law,
the non-refoulement obligation under article 3
of the Convention Against Torture doe not
apply outside of the territory of a State Party
and article 7 of the International Covenant on
Civil and Political Rights does not contain a
non-refoulement obligation. In general.
transfer procedures include appropriate
post-transfer follow up. Where the U.S.
receives credible reports that a country has
abused a transferred detainee, these reports are
investigated by engaging government
representatives and other groups and
individuals with relevant knowledge. These
groups and individuals may include members
of the NGO community, and representatives or
associates of the individual in question. An
determination that a government failed to
comply with its assurances would constitute a
serious issue in the context of our bilateral
relationship with that government and would,
of course, have an adverse impact on the U.S.'
ability to do future transfers.
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253.
Bensayah Belkacem, Hadj Boudellaa, Saber
By letter dated 11/04/08, the Government
Lahmar, Mustafa Alt Idir, Boumediene
responded that the United States detained these
Lakhdar and Mohamed Nechie
individuals under the laws of war as enemy
(A/HRC/7/3/Add. 1. para. 248)
combatants in the ogoing armed conflict with
al-Qaida and the Taliban. Like all Guantanamo
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detainees, these individuals received a
Combatant Status Review Tribunal (CSRT).
The Tribunal detern ined that these Algerian
nationals are enenw combatants and the
detainees are entitled to challenge that
determination in the U.S. federal courts. Each
enemy conibatant also receives an annual
review to detern ine whether the United States
needs to continue detention in order to manage
the threat they pose. An Administrative
Review Board (ARE) conducts this review.
and to date. ARB's have detern ined all six
detainees should remain in U.S. custody.
U.S. officials from all government agencies are
prohibited from engaging in torture, at all
times, and in all places. All U.S. officials,
wherever they may be, are also prohibited
from engaging in cniel. inhuman and
degrading treatment or punishment against any
person in U.S. custody, as defined by
obligations under the Convention against
Torture. More details are contained in a
2005 report to the Committee against Torture
(CAT/C/48/Add.3).
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254.
Samil al-Haj (A/HRCI7I3IAdd.i, para. 254)
By letter dated 17/07/08, the Government
informed that he was transferred from
Guantanamo Bay to his home country of
Sudan in May 2008, and future questions
regarding this individual should be referred to
the Government of Sudan. Prior to his transfer,
Mr. Al-Haj was detained by the Department of
Defense at Guantanamo Ba because he was
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detern ined to be an enemy combatant. Under
the law of war. countries may lawfully detain
enenw combantants until the cessation of
active hostilities. The Govenirnent would like
to emphasize that Mr. Al-Haj was not detained
because he worked as a cameraman for
Al-Jazeera. Members of the media are not
targeted as such by U.S. or allied forces.
Commitment to freedom of the press and
freedom of expression is embodied in the
Constitution and is central to American values.
and the U.S. will continue to promote those
freedoms internationally. With respect to the
allegations, the Government has no evidence
to substantiate the claims that Mr. Al-Haj was
mistreated in Guantanamo. The U.S.
investigates claims of abuse, and where those
allegations are deemed credible, those
responsible are held accountable. U.S. officials
from all government agencies are prohibited
from engaging in torture, at all times, and in all
places. All U.S. officials, wherever they may
be, are also prohibited from engaging in cniel,
inhuman, or degrading treatment or
punishment against any person in
U.S. custody, as defined by our obligations
under the Convention against Torture. Further,
the U.S. Supreme Court has held that Common
Article 3 of the Geneva Conventions applies in
our aniied conflict with Al-Qaeda. The U.S.
applies these protections to all detained
unlawful enemy combatants.
Abdugani Tursinov Kamaliev. aged 50.
currently detained in the investigative prison
(SIZO) of Namangansk. During his detention by
Uzbek authorities, Mr. Kamaliev. has been
suspended by his feet, beaten with steel rods, and
had his teeth filed in order to obtain a confession.
On 5 December 2007, he had been deported from
Tumen in Russia to Tashkent. Mr. Kamaliev was
charged with several crimes in Uzbekistan
(art. 156, 159, 242-2 of the Criminal Code),
which he was alleged to have “committed
together with the adherents of religious extremist
organisation ‘wahhabi'. A. Yuldashev amongst
others”.
By letter dated 22/04/08, the Government
infon ed that the arguments advanced about
Mr. Tursinov having been subjected to torture
and other unlawful methods of investigation
for the purpose of obtaining a confession from
him have not been corroborated. From the time
of his arrest and throughout the subsequent
period of his pretrial detention and the judicial
examination of the case, Mr. Tursinov
voluntarily and with exceptional consistency
gave self-incriminatory evidence that was
objectively confirmed by other proof collected.
All legal proceedings with regard to
Mr. Tursinov were carried out with the
participation of his counsel, who made no
complaints of unlawful tecimiques of
investigation during the conduct of the trial or
afterwards. By decision of the Namangan
provincial criminal court dated
27 Febniary 2008, Mr. Tursinov was convicted
of multiple offences under articles 156 (3) (e)
and 159 (3) (b) of the Uzbek Criminal Code
and sentenced to serve ii years under an
ordinary penal regime. The verdict entered into
force on 11 March 2008 but no appeal or
application for cassation or judicial review was
submitted by Mr. Tursinov or his counsel. The
court correctly characterized Mr. Tursinov's
criminal activity, and the punishment imposed
255. Uzbekistan
12/02/08
JUA
WGAD;
RINT:
TOR
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in the light of circumstances that aggravated or
mitigated his guilt was suited to the acts. No
grounds have been found for objecting to the
court's decision.
256. 31/03/08 JUA HRD. Yusuf Juma. a prominent writer and
IJL. pro-democracy activist, his two sons. Bobur and
FRDX. Mashrab Juma. and Ruhiddin Kamilov. their
TOR lawyer. Yusuf. Bobur and Mashrab Juma are
detained in Otbozor Prison in the Bukhara region.
They have been subject to verbal abuse and
beatings on a daily basis by prison authorities
since their arrest in mid-December 2007. Yusuf
Juma was recently examined at Bukhara's
Medical Law Centre after he fainted from the
torture he was subjected to. He was found to be
suffering from heart and respiratory problems and
had injuries from the beatings. Yusuf and
Bobur Juma are being denied access to food and
prevented from writing letters and meeting with
their lawyer. Mashrab Juma was detained on
allegedly fabricated charges in the run-up to the
re-election of President Karimov. and was
sentenced to three years' imprisonment. Yusuf
and Bobur Juma have been charged under two
articles of the Criminal Code with “insulting” and
“resisting representatives of power”. Yusuf Juma
has been openly critical of President Islam
Karimov in his writings. Mr. Kamilov was
threatened by the prison governor that he would
soon be killed because he and Yusuf Juma were
serving the interests of US imperialism. Concern
is expressed for the physical and mental integrity
Sanjar G. Umarov. He was the subject of
previous correspondence (see A/HRC/7/3/Add. 1,
para. 258). Mr.Umarov has suffered from
dramatic weight loss (more than 30 kg). Also, his
psychological condition has seriously
deteriorated. He is withdrawn and does not react
to questions. His body carries visible niarks that
appear to result from beatings.
By letter dated 21/08/08, the Government
indicated that on his admission to the remand
centre and on his transfer to the penal colony.
convict S.G. Umarov underwent a general
examination carried out by medical staff
He has been held in prison No. 64/47 of the
Central Penal Correction Department of the
Ministry of Internal Affairs of Uzbekistan (in
the town of Kiziltep. Navoi province) since
23 May 2006. While serving his sentence,
Mr. Umarov has undergone thorough and
comprehensive examinations and, in
accordance with recommendations made by
medical specialists, has received qualified
medical care, both as an outpatient and in the
prison clinic. He receives periodic check-ups
from the prison doctors and is therefore under
active observation. Several tests were
conducted, such as as a complex serologic
reaction test, general and H1V blood test,
general urine analysis, biochemical blood
analysis, chest fluorography,
electrocardiogram and Oesophageal
gastroduodenoscopy. The results of all tests
were non al. He also received outpatient care
several times. Mr. Urnarov is listed in the
medical records with a diagnosis of ischaemic
heart disease, stable angina and first degree
257.
14/08/08
UA
TOR
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of Yusuf. Bobur and Mashrab Juma. and in
relation to acts of intimidation against their
lawyer, Mr. Kamilov.
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WGAD;
FRDX;
HRD;
IJL;
TOR
Akzam Turgunov, executive director of
Mazlum, a non-governmental organization
dedicated to the defence of human rights, has
worked as a public defender in cases involving
human rights violations, and Salijon
Abdurahmanov (subject of a previously
transmitted communication, A/HRC/7/28/Add. 1,
paras. 1917-1921). On 11 July2008,
Mr. Turgunov was arrested in Manget,
Karakalpakstan, on charges of extortion. While
being held at a police detention centre in Nukus,
he was taken to an investigator's office on
14 July, where boiling water was poured on his
back. On 4 September, Mr. Turgunov's trial
began at the Amudarya District Court in Nukus,
and it resumed on 16 September. He may face up
hypertension.
Doctors from the local clinics of the Ministry
of Health of Uzbekistan have been enlisted to
conduct the necessary consultations.
The prison's medical staff deems
Mr. Umarov' s current state of health to be
satisfactory. Pursuant to article 10 of the
Uzbek Penal Enforcement Code, Mr. Umarov
will be granted legal assistance on applying in
writing to the prison administration.
The rights of convicts, including
Mr. S .G. Umarov, are guaranteed in
accordance with the legislation in force in
Uzbekistan.
A reply was received from the Government on
10/11/08, but could not be translated in time
for inclusion in this report.
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258.
23/09/08
JUA
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a
to 15 years' imprisonment. The next hearing will
be scheduled once a medical report on his alleged
ill-treatment is available. On 7 June 2008,
Mr. Abdurahmanov was arrested, after dnigs had
reportedly been planted in his car. His trial before
the Tahtakupir District Court coninienced on
12 September. The hearing was not open to the
public. The police officers and the sniffer-dog
specialist who had reported finding illegal dnigs
in Mr. Abdurahmanov' s car were not present at
the trial. Mr. Abdurahmanov has now been
charged with “selling dnigs in large
consignment”, which could result in a sentence of
up to 20 years' imprisonment .
259. 27/10/08 UA HRD: Mr. Norboy Kholigitov. On 18 October 2005. he
TOR was sentenced to ten years' imprisonment by the
Samarkand Regional Criminal Court. He is now
detained at Prison 64/49 in Karshi. He suffers
from diabetes, but has not been allowed access to
adequate medical treatment. Although he had not
committed any disciplinary violation, he was
recently given a warning by prison authorities.
which means that he cannot benefit from any
amnesty. Concern was expressed for
Mr. Kholigitov' s physical and psychological
integrity.
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260.
28/10/08
JUA
FRDX;
Salijon Abdurahmanov and Akzam Turgunov
A reply was received from the Government on
HRD;
(subject of previously transmitted
10/11/08, but could not be translated in time
TOR
communications, see above para. 258). On
for inclusion in this report.
10 October 2008, Mr. Abdurahmanov was
sentenced to ten years' imprisonment by Nukus
Court under charges of “selling dnigs in large
consignment” (Article 25-273. Part S of the
Uzbek Criminal Code). These charges were
different from the original charges brought
against Mr. Salijon Abdurahmonov according to
your Government's response to the
coniniunication sent by mandate-holders, received
on 19 July 2008. In this response it was stated that
“on 9 June 2008, Mr. Abdurakhmonov was
indicted . . .1 under article 276, paragraph 2 (a)
(Unlawful production, storage, purchase, carriage
or transmission of narcotic or psychotropic
substances in large quantities, without the purpose
of sale) of the Criminal Code of Uzbekistan”. It is
believed that the charges brought against
Mr. Salijon Abdurahmanov may have been
fabricated and that the evidence used against him
may be based on the discovery of dnigs which
were planted in his car. The place where
Mr. Abdurahmanov is currently detained is
unknown. On 23 October 2008, Mr. Turgunov
was sentenced to ten years' imprisonment by a
court in Manget, Karakalpakstan, on charges of
extortion (Article 165, Part 3 of the Criminal
Code of Uzbekistan). He is currently in detention
in colony 64/9, Nukus. Mr. Turgunov has
reportedly been subjected to ill-treatment while in
detention since 11 July 2008.
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261.
Follow-up
Yakub Tashbayev, Rasul Pirmatov,
Jahongir
By letter dated 09/01/08, the Government
to earlier
Maksudov and Odiljan Rahimov
provided the following information on
cases
(A/HRCI4I3 3/Add. 1, paras. 126 and
128,
judgements pronounced by the Tashkent
E/CN.4/2006/6/Add. 1. para. 135)
Regional Criminal Court on 13 August 2007.
Rasulzhon Raimdzhanovich Pirmatov was
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found guilty and sentenced to 20 years'
deprivation of life, based on the partial
cumulation of sentences, to be served in
general-regime penal colonies.
Zhakhongir Yuldashevich Maksudov was
found guilty and sentenced to 11 years'
deprivation of life, based on the partial
cumulation of sentences, to be served in
general-regime penal colonies.
Odilzhon Mashrabzhanovich Rakhimov was
found guilty and sentenced to 13 years'
deprivation of life, based on the partial
cumulation of sentences, to be served in
general-regime penal colonies.
Faezbek Komilzhanovich Tadzhikhalilov was
found guilty and sentenced to 3 years' punitive
work, with 30 per cent deduction of earnings
to be paid to the State. In accordance with
article 61 of the Criminal Code, the sentence
was deemed to have been served, the
preventive measure was rescinded and
Tadzhikhalilov was released from custody in
the courtroom.
During the course of the trial, the prisoners
under sentence openly acknowledged their
guilt, gave detailed evidence on the substance
of the charges and replied to the questions put
by the prosecutor, defence lawyers, victims
and civil claimants. No appeal was made or
objection lodged against the sentences, which
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have entered into legal force and are currently
being served. Ekub Tashbaev was found guilty
by the Andijan Regional Criminal Court on
27 November 2006 and sentenced to 6 years'
deprivation of liberty. This sentence was set
aside by the Cassational College of the court
on 25 October 2007 and, in accordance with
article 60 of the Criminal Code relating to
sentencing for multiple offences. he was
finally sentenced to 17 years' deprivation of
liberty. During the course of the trial
proceedings, the convicted man,
Ekub Tashbaev, partially admitted his guilt,
gave evidence on the substance of the charges,
replied to all the questions by the prosecutor
and the defence and lodged no complaint
against the court's decision. The sentence has
entered into legal force and is currently being
served.
262.
Venezuela
(Bolivarian
Republic of)
27/06/08
JUA
WGAD:
TOR
El Sr. Yean Manuel Mijares fine detenido el
23 dejunio de 2008, alas 13.30 horas, por varios
agentes uniformados de la Policla Metropolitana
en su lugar de trabajo. un taller mecánico ubicado
en la Calle Los Cedros con CaronI, Avenida
principal de San Andrés del Valle, Caracas.
Durante su arresto, fine herido en el brazo
izquierdo con un objeto contundente. Luego de
serle confiscados sus documentos de identidad
personal, fue conducido a la Estación Policial de
San Andrés de El Valle, donde fue esposado e
interrogado por agente policiales quienes le
habrIan insultado y amenazado con trasladarle a
Mediante carta de fecha de 10/09/08, el
Gobierno indicó que el 15 de agosto de 2006,
Ligia Coromoto Vargas Sanchez, madre de
Yean Manuel Mij ares Vargas compareció ante
el Ministerio Püblico, manifestasndo que cinco
funcionarios adscritos a la Policla
Metropolitana le hablan causado lesiones y
torturas a su hijo, el 7 de agosto de 2006,
cuando fue detenido en su residencia por estar
presuntamente incurso en los delitos de Porte
ilIcito de Arma de Fuego, Aprovechamiento de
Cosas Provenientes del Delito
Aprovechamiento de VehIculo Proveniente de
un centro penitenciario para ser obj eto de
violación sexual. Funcionarios de la estación
policial habrlan infon ado posteriorn ente que
esta persona fine detenida porque se habia recibido
una llamada telefónica anónima denunciándole
por yenta de drogas. Ningün fiscal ha sido
notificado de la detención, lo que constituirla una
violación grave del procedimiento establecido por
el Código Organico Procesal Penal. Se afin a
que, en realidad, se trataria de una detención
motivada por represalias v con el objeto de
impedir la actuación de un procedimiento judicial
por torturas. Esta persona denunció judicialmente
haber sido torturado por cinco funcionarios del
mismo cuerpo policial, la Policia Metropolitana,
durante una detención anterior ocurrida en agosto
de 2006. Su actual detención se produjo a pocos
dias de celebrarse la audiencia preliminar (acto
durante el cual el Juez del Tribunal de control
admitirá o rechazará la acusación por torturas). Se
afinna además que los hechos se remontan a
agosto de 2006. V que tuvieron lugar en la
estación Policial de la Zona 10. El Sr. Mij ares fine
suj eto entonces a la colocación de un trozo de tela
v de cinta adhesiva en los ojos. sufriendo golpes
de pie. puflos. v de un palo de madera envuelto en
tela. Los golpes se dirigieron contra su cabeza,
especificamente contra la region mastoidea
izquierda: la cara (region orbitaria del ojo): el
tórax delantero. en sus dos intercostales. en la
region postcodo v ole craneana; el tórax posterior
a nivel de la Inter escapular. Además le fine
Robo v Hurto. previstos V sancionados en el
Codigo Penal v la Lev sobre Hurto v Robo de
Vehiculo Automotor.
En fecha 8 de agosto de 2006. se celebró ante
el Tribunal Décimo Octavo de Primera
Instancia en Funciones de Control del Circuito
Judicial Penal del Area Metropolitana de
Caracas. la Audiencia de Presentación del
Aprehendido, decretándose en dicho acto, la
nulidad absoluta del procedimiento en
cuestión. Igualmente. por no considerarse los
hechos como flagrantes se acordó continuar las
investigaciones por la via del Procedimiento
Ordinano. Por otra parte. en la respectiva
Audiencia, fine desestimada la precalificación
Fiscal por los delitos antes seflalados,
negandose además. la imposición de Medidas
Cautelares Sustitutivas de Libertad v. en
consecuencia, se decretó la libertad sin
restricciones. ordenándose la apertura de una
averiguación penal en virtud de las lesiones
que presuntamente le ocasionaron los
funcionarios al Sr. Mijares Vargas.
En virtud de lo expuesto. fine comisionada para
actuar en la presente causa la Fiscalia
Octogésima Tercera del Ministerio Püblico de
la Circunscripción Judicial del Area
Metropolitana de Caracas. quien ordenó el
inicio de la correspondiente investigación el
8 de agosto de 2006. realizando las diligencias
ütiles v necesarias. a los fines de establecer las
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colocada una bolsa plástica en la cara con una
sustancia tóxica. Se afin a que a! momento en el
que le colocaron la bolsa con dicha sustancia, el
Sr. Mij ares se encontraba en posición decübito
abdominal. esposado con los brazos hacia el tórax
posterior. Al momento en que uno de los
funcionarios le presionaba con el dedo pulgar la
region media del cuello. le indicaba que le avisase
con los dedos con un toque entre las piernas
cuando sintiese que va no podia respirar. Le fine
aplicada una sustancia tóxica en la lengua. lo que
le produjo quemaduras de primer grado en los
laterales de la lengua v en las fosas nasales. Sufrió
además amenazas de muerte. Posteriorn iente fine
trasladado hasta un lugar en Petare, cercano a
unos edificios, donde un funcionario le colocó un
arma de finego dentro de la boca v le amenazó con
ejecutarle. El 9 de mayo de 2008. el Sr. Mijares
denunció fon almente ante la Fiscalia N° 83 a
cinco funcionarios de la Policia Metropolitana,
por torturas v privación ilegitima de libertad.
responsabilidades a que hava lugar. entre las
cuales se mencionan: Reconocimiento Medico
Legal practicado a! ciudadano en cuestión,
diversas citaciones libradas a testigos
presenciales v referenciales del hecho.
Asimismo. rindieron declaraciones los
funcionarios policiales actuantes en el
procedimiento donde resultara aprehendido el
Sr. Mij ares Vargas.
Posterion ente. el 7 de mayo de 2008. la
Fiscalia comisionada interpuso escrito
acusatorio contra un policia por los delitos de
Lesiones Intencionales Personales Leves. en
Grado de Complicidad Correspectiva. asi
como el delito de Tortura v Privación Ilegitima
de Libertad. Igualmente. resultaron acusados
cuatro personas más por la comisión de los
delitos de Lesiones Personales Intencionales
Leves en Grado de Complicidad
Correspectiva. Torturas. Violación de
Domicilio v Privación Ilegitima de Libertad.
La Fiscalia Comisionada recibió Boleta de
Notificación procedente del Juzgado
Cuadragésimo Cuarto de Primera Jnstancia en
Funciones de Control de este Circuito Judicial
Penal. fechada 18 dejunio de 2008. mediante
la cual participaban que ése Organo
Jurisdiccional acordó declinar el conocimiento
de la causa seguida contra dos ciudadanos. a!
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263. 22/10/08 JAL HRD; Sras. Kelys Amundaray. Maryluz Coromoto
TOR Guillén Rodriguez. v Maria de los Angeles
Peña Fonseca. v el Sr. Tomas Antonio Becerra
Ramirez. defensores de los derechos de los
pueblos indIgenas. en particular los derechos de la
comunidad indIgena Yukpa Chaktapa. Segün nos
infonnan. esta comunidad ha venido reclamando
el proceso de demarcación de sus territorios
ancestrales tal como lo establece la Constitución
PolItica de Venezuela. El 23 de agosto de 2008,
las Sras. Kelvs Amundarav. Marvluz Coromoto
Guillén RodrIguez. v MarIa de los Angeles Pefla
Fonseca. v el Sr. Tomas Antonio Becerra RamIrez
viaj aban en autobüs con el obj eto de participar en
una acción humanitaria junto con otras personas
para promocionar el respecto de los derechos de
la comunidad Yukpa Chaktapa. Sin embargo. la
Guardia Nacional v el Ejército les impidió el
paso, los detuvo v condujo ante un tribunal. El
Sr. Becerra RamIrez habrla intentado impedir que
un militar suj etara a una compafiera que
participaba en la acción humanitaria. Un teniente
le agarró v le colocó una pistola en la cabeza. Un
gnipo de aproximadamente diez soldados le
rodearon lanzándole al piso v propinándole golpes
de pie. Fue trasladado a una unidad móvil militar
donde le pegaron con cascos. robs v botas. A
causa de estos malos tratos. el Sr. Becerra
Para.
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Tribunal Trigésimo Octavo de Primera
Instancia en Funciones de Control del Circuito
Judicial Penal del Area Metropolitana de
Caracas.
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FRDX;
WGAD;
TOR
RamIrez sufrió hematomas en la espalda v en los
brazos, asI como varias cortaduras en la cabeza
que ameritaron puntos de sutura. perdiendo el
conocirniento. Pennaneció en la unidad rnilitar
entre las ocho de la tarde v las tres de la mañana
del dIa siguiente. siendo entonces trasladado a un
hospital. En el hospital no le suturaron las
cortaduras. limitándose a limpiarle la sangre.
Tampoco le sometieron a exámenes medicos. Se
infonna que las personas que fueron detenidas se
encuentran actualrnente su etos a un regimen de
comparecencia. debiendo presentarse cada 45 dIas
ante un tribunal. bajo cargos de lesiones
personales. resistencia a la autoridad v daflo a la
propiedad püblica.
Yahya Ghaleb Ahmed, All Dahmas,
Abdelhameed Taleb Muthana, all three
members of the Yemeni Socialist Party Central
Committee in Dhaleh, Hassan Baa'um, member
of the Political Bureau of the Yemeni Socialist
Party, his son, Salem Hassan Baa' urn, Ahmed
Omar bin Fareed. All Haitham Al-Ghareeb.
Jamal Obadi, Hassan Zeid Yahya,
representative of Hizb al-Haq in Abvan. Amer
Al-Sun, Muham ad Aidanus Al-Nakhli,
Muhamad Jazem, Nakhla All Oman, Said All
Oman. Husine Fadhl Amzib. Ahmed Hanmal.
journalist, Jameel Qasem Muhamad,
Muhamad Obadi Musa, Abdelqawi Najeeb,
Abdelkanim Obayd Al-Tihami, Muhamad All
Fatini. As'ad Muthana Saleh. Muhamad Naji
Husein, All Muhamad Sweileh, Mohsen
By letter dated 06/05/08 the Government
responded that the persons mentioned in the
UA were arrested based on instnictions from
the Office of the Attorney General and the
cases filed against them have been forwarded
to the Office of the Attorney General for legal
action.
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264. Yemen
10/04/08
JUA
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Hameli Saad, Fadhi Muhamad Muqbel,
Khaled Muthana Obadi, Omar All Abdallah,
Samed Ahmed Qasem, Abdallah Hamud,
Muhamad Saleh Hamadi, Qaed Said,
Muhamad All Said, Fawaz All, Akram
Al-Qubbati. Najeeb Al-Mikhlafi. Mansour
Abdelmula. Ahmed Al-Tamimi. Amin All
Farhan, Fahd Al-Yusufi, Muhamad
Al-Shamiri. Abdu Muhamad Al-Rasani. Amin
Abdu All. Bashir Al-Raymi. and Omar
Al-Murshidi. The persons mentioned above and
others, whose identity could not vet be
ascertained, have been arrested by Yemeni
security forces on 31 March and 1 April 2008 in
the cities of Aden, al-Dhali', Abyan, and Taez, as
well as in the region of Radfan, the main city of
which is Habilayn. A number of the detainees are
held incommunicado at unknown places of
detention. Several of the arrests took place with
uimecessarv violence in the middle of the night at
some of these persons' homes. The reasons for
their arrests remain unclear. However, it is
reported that the above-mentioned persons
support the protests and activities of retired
soldiers and would-be recniits from the Southern
Governorates of Yemen who have raised concern
about discrimination when seeking employment
and with respect to salaries and pensions in
comparison to retired soldiers from the North of
the country. The situation of retired soldiers was
the subject matter of previously transmitted
communication (A/HRCI7I3IAdd. 1. para. 278).
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FRDX;
HRD:
TOR
Mr. Akram Al-Qubbati. Mr. Naj eeb Al-Mikhlafi.
Mr. Mansour Abdelrnula. Mr. Ahrned Al-Tarnirni.
Mr. Amin Au Farhan. Mr. Fahd Al-Yusufi.
Mr. Muharnad Al-Sharniri. Mr. Abdu Muharnad
Al-Rasani. Mr. Amin Abdu Au. Mr. Bashir
Al-Raymi. and Dr. Omar Al-Murshidi were
arrested on 1 April in Taez after a demonstration
of solidarity with the arrests carried out on the
previous day. They reportedly remain in
detention. Some of the persons had been
previously arrested in the months of August and
September 2007 for taking part in protests at
Liberty Square, Aden, and in al-Mukalla. In view
of the reported incommunicado detention at
unknown places of detention of some of the
detainees, concerns are expressed that they might
be at risk of ill-treatment.
Louay Abduiwahab All Al- Mouayyad.
aged 24, residing at Freedom Avenue, journalist
and human rights defender, member of the
“Organisation for democratic rights and liberties”,
executive director of the portal “Free Yemen”.
M. Loua Abdulwahab Ali Al-Mouayyad was
arrested at his home on 20 June 2008 by several
security services (Al Amn Assiyassi) officers in
civil clothes acconipanied by some militaries.
They did not present any arrest warrant and did
not explain the reasons for arrest. They then took
him to an unknown place. That evening the
family was advised to prepare his laptop and the
medicine he needs. The family was also able to
speak to Mr. Al-Mouayyad. Since then the family
By letter dated 22/10/08, the Government
indicated that Loua Abdulwahab Ali
Al-Mouayyad had been released.
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265.
14/08/08
JUA
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has not had any infornrntion about his
whereabouts in spite of many attempts to find out
where he is with the security services and the
Prosecutor's office.
266.
Follow-up
to earlier
cases
Abdel Karim al-Khaiwani (A/HRC/7/3/Add.l.
para. 279)
By letter dated 24/01/08, the Government
indicated that the inforn ation they received on
the abduction, detention, threatening. etc. of
Mr. Al-Kahiwani is untnie. He has been
arrested to be brought to justice.
267.
Zimbabwe
22/04/08
JUA
HOUS;
FRDX;
SUMX
TOR;
VAW
Intimidation, violence and torture in the
aftermath of recent elections. Between
29 March and 14 Apnl 2008 160 cases of injur
resulting from organized violence and torture
have been treated by various doctors with many
of the patients still remaining in hospital. One
third of the patients were women. A fifth of the
victims were members of the opposition
Movement for Democratic Change (MDC) and
another 20% were involved in the elections for
.
the Zimbabwe Electoral Comniission (ZEC).
.
Nine patients sustained broken bones, typical of
. .
defence injunes resultmg from the victim
raising his or her hands and arms to protect the
.
face and upper body from assault. This penod
.
saw at least two politically-motivated murders.
- .
1 abductions of women, and 288 cases of homes
.
destroyed through politically-motivated arson
leaving 175 families and 14 persons displaced.
The majority of persons displaced are said to be
women and children. About 70 MDC members
have been arrested in the last few days. The
above-described violence has been perpetrated by
By letter dated 11/06/08, the Government
responded that the President, the Cabinet of
Ministers Service Chiefs and various niling
party functionaries before, during and after the
29 March Harn onised Elections, have
repeatedly publicly declared their disapproval
for violence and warned all
would-be-perpetrators of the full consequences
of the law.
.
On the eve of the election, Police
.. .
Comniissioner General Augustine Chihun.
. . .
flanked by his fellow Service Chiefs, issued
. . .
his most stern warning against violence. A
.
copy of this statement has been provided to the
.
Special Rapporteurs. This policy has been and
.
continues to be enforced without
. .
discnmination. fear or favour.
The Government also informed that all cases
that have been reported to the police are the
subject of investigations as part of the due
processes of the law. In Zimbabwe, a report by
an aggrieved party or reasonable suspicion of a
police officers, soldiers and members of the niling
Zanu PF party as part of a retributive and reprisal
campaign mainly in niral areas, where people
have voted for opposition candidates. In many
instances victims were told that they were being
victimized because they support the opposition;
they were accused of “celebrating the MDC
victory”. “of selling the country to the whites”
and/or “of being responsible for the rigging of
elections in favour of the MDC”. Reports also
indicate that the authorities are targeting the
independent local and foreign media, attempting
to impede reporting on the current situation and
the afiern ath of the election, by resorting
increasingly to police harassment and the arrest
and detention of journalists.
crime having been committed or about to be
comniitted is a critical step in launching this
due process of the law. Once reported, the
Zimbabwean Republic Police (ZRP) would
then exercise its mandate to docket, investigate
and bring suspects before the courts of law for
prosecution and, ultimately, judgment.
Where no report has been made to the police,
as appears to be the case regarding the
3 1 politically motivated murders claimed by
the MDC-T as having occurred since
29 March 2008, the Police would find it
impossible to take the initial steps to launch
the due process described above, bearing in
mind that, according to Zimbabwean law, a
person is presumed innocent until proven
guilty.
The eight murders officially attributed to the
two sides fall far below the 3 1 claimed by
MDC-T. It is impossible to verify the
MDC-T's claims, particularly because it
appears to be complaining to the press before
reporting them to the police. Even then, of the
six murders allegedly committed by ZANU-PF
supporters, subject to ongoing investigations,
at least two do not seem to have been
politically motivated. One of these was the
case of Clemence Dube, who MDC-T's
Anton Chamisa claimed to have been
murdered in Shunigwi by a ZANU-PF
supporter on 27 April 2008. According to
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established facts, however. Dube died of
immuno-suppression and tuberculosis at Mpilo
Hospital, in Bulawavo. on 27 April 2008.
Incidentally, on 11 April 2008. he had fought
with a ZANU-PF supporter at a local township
over money, but eve witnesses say the two
later went their separate ways.
In the other case, the alleged victim, a teacher
in Muzarabani area, has turned out ta be alive.
He has actually denounced the MDC-T for
using his name to justify “dubious statistics”.
It seems, from these two cases alone, that the
MDC-T is fabricating and exaggerating its
tally of victims in order to give substance to its
claims that there is a raging civil war in
Zimbabwe. Some of the alleged crimes in the
MDC-T's tally, such as politically motivated
rape, are completely alien and unheard of in
Zimbabwe's political culture. However, every
complaint received will be investigated and
pursued to its logical conclusion, with all
perpetrators facing the full wrath of the law. It
has never been Government's policy to support
or condone violence or impunity.
it is unfortunate that, quite to the contrary of
the objective reality on the ground, all the
‘evidence' cited by the Rapporteurs paints the
MDC-T as the victim and implicates
ZANU-PF as the principal perpetrator of
violence. During the ‘mass action' called by
the MDC-T on 15 March 2008. marauding
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gangs of MDC-T DRCs (Democratic
Restistance Committees) burnt to ashes one
conventional 77-seater bus belonging to the
Nyamweda Bus Company which was full of
cross-border traders en route from Botswana,
stoned another bus belonging to the
state-owned Zimbabwe United Passenger
Company (ZUPCO) and two private motor
vehicles, and also committed a wide range of
other crimes ranging from dismpting traffic
through makeshift road blockades to attempted
murder. Police arrested 76 activists who have
all confessed to be hired members of the
DRCs.
As a result of the ongoing investigations
pertaining to electoral fraud, close to
100 arrests have been made. Five of these have
already been convicted for contravening
Section 87 of the Electoral Act Chapter 2: 13
and sentenced to fines ranging between
ZW$12 billion and ZW$30 billion. The
remaining cases are either at various stages of
investigation or before the courts.
This is not victimization of ‘human rights
defenders' as the MDC-T claims. No one is
above the law in Zimbabwe. Where a crime is
suspected to have been committed, the
perpetrator will be brought to justice regardless
of his or her race, colour, religion or political
affiliation. This principle demands that the law
must be allowed to take its course. Much as
some quarters may advocate the invocation of
the ‘responsibility to protect' principle against
Zimbabwe on the basis of the MDC-T's litany
of fabrications and exaggerations, it is equally
important to understand that the Constitution
of Zimbabwe demarcates the sovereign
boundaries of responsibility within which the
Government must protect its citizens.
Regarding questions of compensation for
alleged victims which are also raised in the
communication. Government submits that the
victims are receiving the usual basic assistance
from the the Civil Protection Department and
the resident humanitarian agencies in the
country. However, contrary to the over
5,000 ‘IDPs' that the MDC-T claims to have
registered, the Government, with the support
of non-partisan civil society, are attending to
no more than 100 households comprising
700 people. There are no new cases. Besides, it
is still too early to start talking about long-tenn
resettiement support at this stage when the
problem is still being quantified, the victims
screened and registered according to their
needs.
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268.
16/05/08
JUA
WGAD:
Mr. Lovemore Matombo and Mr. Wellington
By letter dated 0 1/07/08, the Government
FRDX;
Chibebe (or Chibhebhe), respectively President
inforn ed that the correct facts are that
HRD;
and Secretary General of the Zimbabwe Congress
Raymond Majongwe, Bwandarika, Janat
TOR
of Trade Unions (ZCTU), and Mr. Raymond
Hillary, Takavarika Zhou, Benard Zhou,
Majongwe, General Secretary of the
Leviciuos Ziunde, Harrison Mudzur, Oswald
Progressive Teachers' Union of Zimbabwe
Madziva, and Linda Fumaphanda are indeed
(PTUZ). Both Mr. Matombo and Mr. Chibebe
were the subjects of a previously transmitted
communication (A/HRC/4/3 3/Add. 1. para. 340).
On 8 May 2008, Mr. Lovemore Motombo and
Mr. Wellington Chibebe were both arrested
allegedly in connection with May Day speeches.
during which they spoke about the political crisis
due to the postponement of the announcement of
the election results, and the ensuing wave of
violent intimidation of opposition supporters.
They were charged with “inciting people to rise
against the Government and reporting falsehoods
about people being killed”. On 6 May. heavily
arn ed police personnel had come to their homes
to search them. On 7 May. they voluntarily
reported to the police station, but were not taken
in before 8 Ma 2008. They are currently held at
the Harare Remand Prison. They have applied for
release on bail, but the High Court of Zimbabwe
will not deliver its judgment on this application
until 19 Ma 2008. On 16 Ma 2008,
Mr. Raymond Maj ongwe was arrested by the
police at the High Court of Zimbabwe in Harare
while he was attending the bail hearing of
Mr. Lovemore Matombo and Mr. Wellington
Chibebe. This arrest is allegedly in connection
with the work of PTUZ in documenting the
harassment of teachers at their workplace within
the context of the current political violence in the
country.
members of the Progressive Teachers
Association of Zimbabwe (PTUZ). On
19 Febniarv. PTUZ members went to ZANU
PF Harare Provincial Headquarters whereupon
they threw flyers within the party premises.
The flyers contained abusive political
messages and this did not go down well with
the ZANU PF youths who were there.
Subsequently a skirn ish ensued between the
youths and members of PTUZ led by
Raymond Majongwe. The police got wind of
the disturbances and, upon arrival at the party
headquarters, arrested nine members of PTUZ
and two ZANU PF youths. Observations made
by the police during the time of arrest were
that some of the members of PTUZ had
sustained injuries as a result of the scuffle. All
suspects were taken to the police station where
the initial documentation was done and
arrangements made for the injured to be taken
to hospital. At no time were the suspects
subjected to any forn of ill-treatment. It was
important for suspects to be taken to a
government hospital first, to facilitate
obtaining a medical report that would be
acceptable in court, since the injuries were as a
result of an assault that was subject to
investigation. It is therefore not tnie that they
were assaulted by unidentified youths. Two
ZANU PF youths are facing assault charges. It
is also not tnie that the injured were denied
access to medical attention, as it is the police
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FRDX;
SUMX;
TOR
Mr. Michael Dubem (Shunigwi district), died on
1 May 2008 after being assaulted by Zanu
PF supporters. Mr. Tapiwa Meda, Mr. Alex
Chiriseri and Mr. Joseph Madzuramhende
(Centenary district), died on 5 May 2008 after
being assaulted by a youth gang and a soldier,
Mr. Crispen Taero (Mt Darwin district), died in
April 2008 after having been attacked by
members of the Central Intelligence Organization
and Zanu PF supporters. Mr. Biggie Zhuwawo
(Muzarabani district), died in April 2008 after
being abducted by Zanu PF youths. Mr. Crispen
who ferried the suspects in a police vehicle to
a government hospital. It is unfair to suggest
that the delay in attending to the suspects at the
hospital is attributable to the police. We do not
run hospitals but police stations. We did our
part by taking them to the hospital. In
Zimbabwe most of our operation vehicles are
pick-ups and to infer that we should have used
a more comfortable vehicle is also misplaced.
It is a blatant lie that the accused were released
without any charge. All were discharged from
the Avenues Clinic and appeared in court on
5 March. Members of PTUZ were charged for
contravening Chapter 46 of the Criminal
Codification Reform Act Chapter 9.23,
Criminal nuisance, and were released on
50 million Zimbabwe dollars bail each, while
the two youth were also released on the same
bail conditions. The matter is still pending at
court.
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269.
27/06/08
JUA
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Chiutsi (Gunive district), died in April 2008 after
being attacked by Zanu PF youths. Ms. Tatenda
Chibika (Mutoko district), died in April 2008
after being beaten by Zanu PF youths and war
veterans, Mr. Tapiwa Mbwanda (Huningwe
district), died on 5 April 2008 after an attack by
Zanu PF youths. Mr. Marunde Tembo (Mudzi
district), died in April 2008 after being assaulted
by Zanu PF youths. Mr. Moses Bashitiayo
(Mutoko district), died in April 2008 after being
attacked by soldiers and Zanu PF youths, B. M.,
aged 4 (Murehwa district), burnt in April 2008
after the parents were assaulted and their house
was set on fire by Zanu PF supporters,
Mr. Manyimo Tennyson (Muzarabani districted),
was ill-treated as a result of which he died at
Bakasa Base on 24 April 2008, Mr. Tabitha
Marume (Makoni west district), was shot by
government agents on 1 April 2008. Mr. Moses
Makewa (Wedza district), died on 1 April 2008
after being attacked by Zanu PF supporters,
Mr. Peter Tom Butao (Mudzi North district),
died on 29 April 2008 after being tortured by
Zanu PF members. Mr. Sage Muza (Hovuyu
2 Mutoko district), died on 8 Ma 2008 after an -
attack by Zanu PF supporters, Mr. Manuel
Nelson Hopley/Harare). died on 9 Ma 2008
after an attack by Zanu PF youths, Mr. Godfrey
Jemedze (Mazowe district), died on 9 May 2008
after being attacked by Zanu PF supporters and
members of the army, Mr. Elias Madzivanzira
(Kahari.Shamva district), died on ii Ma 2008
after an axe attack on him and his wife by Zanu
PF supporters. Temba Muronde (Mudzi north).
was abducted at Vhombozi river, taken to
Magwada Base where he was given rat poison
and pesticide and killed, with an axe after a week
by Zanu PF youths and militia on 14 April 2008,
Ms. Ratidzai Dzenga (pregnant) (Muzarabani
district), died on 1 April 2008 after being heavily
assaulted by Zanu PF youth, Mr. Better
Chokururama, Mr. Cain Nyevhe and
Mr. Godrey Kauzani (Murehwa district), died on
14 Ma 2008 after an attack by Zanu
PF supporters, Mr. Abia Chaparira (Mt Darwin
district), died on 11 May 2008 after being
assaulted and tortured by Zanu PF youths and war
veterans, Ms. Gloria Mukaiwa (Centenary
district), died on 17 May 2008 after being
assaulted by Zanu PF youths, Mr. Tonderayi
Ndira (Harare), killed in Ma 2008 after having
been abducted from his home by an an ed Zanu
PF gang, Mr. Manyuke Nyamukapa (Murehwa
district), died on 20 May 2008 after being
abducted by Zanu PF youths, Ms. Rosemary
Maramba (UMP district), died on 20 May 2008
after being assaulted by Zanu PF supporters,
Mr. Action Nyadedzi (UMP district), died on
20 Ma 2008 after being abducted by Zanu
PF youths, Mr. Chitsungo (Headman)
(UMP district), died on 20 May 2008 after being
abducted by Zanu PF youths, Mr. Taurai
Matanda (Buhera district), died on 24 May 2008
after being shot by a soldier, Mr. Edson Zaya
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(Shamva district), died on 16 May 2008 after
being assaulted by Zanu PF youths and war
veterans, Mr. Besta Bakari (Shamva district).
died on 16 Ma 2008 after being attacked by
Zanu PF youths. Mr. Phanuel Mubaira
(Mt Darwin district), died on 19 Ma 2008 after
being abducted and ill-treated by Zanu PF, Elias
Madzivanzira (Shamva district), was fatally
assaulted with an axe by Zanu PF youths and war
veterans on ii Ma 2008, Ms. Edna Lunga
(Kwekwe district), died on 11 April 2008
abducted and assaulted by Zanu PF youths,
Mr. Marera (Mutoko district), died on
15 April 2008 after being abducted and beaten by
Zanu PF youths and arniy members, Mr.
Wiseman Tapera (Mutoko district), died on
08 April 2008 after being assaulted by Zanu PF
youths and war veterans, Mr. Lever Katsande
(Mudzi district), died on 27 April 2008 after
being abducted and beaten by Zanu PF members,
Ms. Nancy Chidzidzi and Mr. Taurai Chihuri
(Mutoko district), died on 31 May 2008 after
being shot by a government agent, Mr. Mariseni
Kasambarare (UMP distnct) was killed on
13 Ma 2008 by Zanu PF supporters, -
Mr. Norman Mabhoyi (UMP district), was killed
on 28 Ma 2008 by Zanu PF supporters,
Ms. Patricia Matonganhau (Mutoko district),
was killed on 20 Ma 2008 by Zanu PF
supporters, Gibson Nyandoro (Zvimba Norton),
was abducted by war veterans and Zanu PF
youths and later found dead close to Norton,
Mr. Washington Nyangwa. Mr. Chrison Mbano
(Zaka district), died on 4 June 2008 after an attack
by soldiers on their MDC office at Jerera Growth
point, Mr. Owen Hativagone (Marondera
district), died on 16 May 2008 after being tortured
for two days by Zanu PF supporters. Mr. Bloke
Kanyemba (Harare), died on 5 June 2008 after
being attacked by Chipangano Zanu PF gang,
Ms. P. G. (Dube) and her child M., aged 6
(Harare), burned on 8 June 2008 when their house
was set on fire by Zanu PF supporters. Mr. Farai
Gambe (Rusape district), died on 15 June 2008
after being shot by a soldier close range,
Mr. Daniel Nhende (Epworth district), died on
8 June 2008 after being abducted and assaulted by
Zanu PF youths. Mr. Delite Mushonga (Epworth
district), died on 11 June 2008 after being beaten
up by Zanu PF youths. Fushirayi Dofo
(Mazowe). was assaulted and so badly injured by
local Zanu PF youths accompanied by members
of the arniy in civilian clothes that he was
admitted at Howard hospital, where he died on
10 Ma 2008, Dumihasani Hapazari (Chiredzi)
was abducted on 4 June by army members based
in Chiredzi at buffalo range and found dead on
6 June 2008. Kenedy Dube (Mwenezi),
kidnapped by a gang of Zanu PF supporters riding
in Zanu vehicles and found dead on 14 June 2008.
Ms. Sophia Chingozho (Buhera), was beaten by
a Zanu Pf youth gang and war veterans in Buhera
and died in the hospital, Ms. Dadirayi Chipiro
(Mhondoro district) died on 8 June 2008 after
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being mutilated and burned by Zanu PF members.
Mr. Victor Mungazi (Magunje district), died on
14 June 2008 after being abducted by Zanu
PF youths. Mr. Simba Chikova (Zaka district).
was tortured to death by Zanu PF youths on
13 June 2008, Mr. Elliot Machipisa (Huningwe
district), died on 17 June 2008 after being
abducted by by Zanu PF youths. Mr. Morgan
Chishamba (Harare), died on 19 June 2008 after
an attack by Zanu PF supporters. Simba Magetsi
(Gokwe). was abducted by local war veterans and
Zanu PF youths and found dead on 19 June 2008,
Mr. Yuana Jenti, Mr. Archford Chipiyo,
Mr. Ngoni Knight and Mr. Tyson (Chitungwiza
district), died on 19 June 2008 after being
abducted by Zanu PF youths and State agents .
270. 27/10/08 JUA EDU: On 14 October 2008, at approximately 2.15 p.m..
FRDX; over 500 demonstrators gathered outside
HRD; August House to present a petition to the
IJL; Government of Zimbabwe in defence of their
TOR right to education. The petition reportedly
addressed sanitation problems in colleges,
uninhabitable student residences, educational
materials, access to education and quality of
education, academic freedom and institutional -
autonomy, and the closures of schools in
Zimbabwe. The demonstrations included a march
which was disnipted four times by armed riot
police from the Zimbabwe Republic Police
(ZRP). The President of the Zimbabwe National
Students Union (Z1NASU). Mr. Clever Bere; the
Secretary General, Mr. Lovemore Chinoputsa;
the Legal and Social Affairs Secretary.
Mr. Courage Ngwarai: a General Councillor,
Ms. Edwina Burira; and a Youth Fonim
member. Mr. Tawanda Mutema, were all
arrested. Some demonstrators were also
hospitalized because of police violence. The
Gender and Human Rights Secretary.
Ms. Priviledge Mutanga was assaulted,
sustaining head injuries and a swollen anm
Mr. Obert Masaraura, a General Councillor
froni Midlands State University. also sustained
serious head injuries.
On 16 October 2008, a different peaceful
demonstration was organized by the “Women of
Zimbabwe Arise” (WOZA) to call for food to be
provided for all Zimbabweans. Police reportedly
used force against demonstrators, including the
co-leader of WOZA. Ms. Magodonga
Mahiangu. with batons breaking one woman's
finger and causing bniises to another two women.
Nine arrests were made in total. Seven protesters,
who had been arrested before the demonstrations
began, were released on the same day without
charge after the intervention of a lawyer.
However, on 17 October, Ms. Jenni Williams,
the National Coordinator of WOZA. and
Ms. Magodonga Mahlangu were remanded in
custody until 21 October 2008. Neither of the
women was present for the bail hearing because.
according to the State, there was no transport
available to take them there. They were charged
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with “disturbing the peace, security or order of
the public” under Section 37 1(a) of the Criminal
Law (Codification and Reform) Act. They are
reportedly being held at Bulawayo Remand
Prison. It is unclear whether they have had access
to a lawyer.
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page 418
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.
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?
A!HRC/1 O/44/Add.4
page 419
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 concerning 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.
