Aadel Collection
Report of the Special Rapporteur, Sir Nigel Rodley, submitted pursuant to Commission on Human Rights resolution 1999/32
UNITED
NATIONS
Economic and Social
Council
COMMISSION ON HUMAN RIGHTS
Fifty—sixth session
Item 11 (a) of the provisional agenda
Distr.
GENERAL
E/CN. 4/2000/9
2 February 2000
Original: ENGLISH/
FRENCH/
SPANISH
CIVIL AND POLITICAL RIGHTS INCLUDING QUESTIONS OF TORTURE AND DETENTION
Report of the Special Ra Dorteur. Sir NiQel Rodley,
submitted pursuant to Commission on Human
RiQhts resolution 1999/32*
CONTENTS
Executive summary 4
Introduction 1 — 2
I. MANDATE AND METHODS OF WORK 3
II. ACTIVITIES OF THE SPECIAL RAPPORTEUR 4 - 8
III. INFOPIVIATION REVIEWED BY THE SPECIAL RAPPORTEUR WITH
7
RESPECT TO VARIOUS COUNTRIES . . 9 - 1205
Afghanistan 11 - 12
Albania . 13
Algeria . 14 - 19
Angola 20 — 24
Argentina 25 - 30
Australia . . 31 - 36
Azerbaijan . . 37 - 77
* Communications received from Governments between 15 December 1999
S
S
6
8
8
8
9
10
11
13
and 15 February 2000 regarding allegations transmitted by the Special Rapporteur
in 1999 will be reflected in document E/CN.4/2000/CRP.2.
E
ParaQra hs PaQe
GE.00-10567
E/CN. 4/2000/9
page 2
CONTENTS (cant.)
ParaQra hs Paoe
Bahrain 78 - 115 21
Bangladesh 116 — 126 27
Belarus 127 — 133 29
Brazil 134 - 157 31
Bulgaria 158 36
Burundi 159 — 170 36
Cameroon 171 - 176 38
Chad 177 — 180 39
Chile 181 - 207 40
China 208 - 239 47
ColorcJDia 240 - 296 54
Democratic Republic of the Congo 297 - 315 63
Republic of the Congo 316 - 332 66
Cuba 333 — 351 68
Djibouti 352 71
Ecuador 353 — 357 71
Egypt 358 — 400 72
Equatorial Guinea 401 - 425 83
Eritrea 426 - 429 87
Ethiopia 430 - 441 87
France 442 — 452 90
Georgia 453 - 463 92
Germany 464 — 466 94
Guatemala 467 — 474 95
Guinea-Bissau 475 - 481 97
Haiti 482 — 485 98
India 486 - 527 98
Indonesia 528 - 605 105
Iran (Islamic Republic of) 606 - 610 119
Iraq 611 - 616 120
Israel 617 - 675 121
Japan 676 — 680 131
Jordan 681 - 682 134
Kazakhstan 683 — 695 134
Kenya 696 — 697 136
Democratic People's Republic of Korea 698 — 702 137
Republic of Korea 703 - 710 138
Kyrgyzstan 711 - 717 139
Lao People's Democratic Republic 718 — 719 141
Lebanon 720 — 724 141
Malaysia 725 - 730 142
Mali 731 — 733 143
Mexico 734 - 782 144
Morocco 783 - 789 156
Myanmar 790 — 796 157
Namibia 797 159
Nepal 798 — 821 159
Niger 822 164
Pakistan 823 - 838 164
Peru 839 — 875 167
Philippines 876 - 878 175
CONTENTS (cant.)
E/CN. 4/2000/9
page 3
ParaQra hs
Pa Qe
Romania
Russian Federation
Rwanda
Yemen
Yugoslavia (Federal Republic of)
Zambia
Zimbabwe
879
880 — 907
908 — 910
911
912 — 914
915 — 928
929 — 974
975 — 997
998 — 999
1000 — 1002
1003
1004 — 1019
1020 — 1037
1038 — 1089
1090
1091 — 1092
1093 — 1118
1119
1020 - 1137
1138 - 1172
1173 - 1174
1175 - 1193
1194 — 1198
1199 — 1201
Annex
Principles on the effective investigation and
documentation of torture and other cruel,
inhuman or degrading treatment or punishment
239
Saudi Arabia
Senegal
Spain
Sri Lanka
Sudan
Switzerland
Syrian Arab Republic
Thailand
Togo
Tunisia
Turkey
Uganda
Ukraine
United States of America
Uruguay
Uzbekistan
Venezuela
176
176
181
182
182
182
186
194
199
200
201
201
204
207
218
218
219
223
223
226
231
232
235
237
Communication transmitted to the Palestinian
Authority
IV. CONCLUSIONS AND RECOMMENDATIONS
1202 — 1205 237
1206 — 1209 238
E/CN. 4/2000/9
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Executive summary
The Special Rapporteur, Sir Nigel Rodley, submits his seventh report to
the Commission. Chapter I deals with aspects of the mandate and methods of work.
Chapter II summarizes his activities in 1999. Chapter III contains a summary of
communications sent by the Special Rapporteur and replies from Governments, from
11 December 1998 to 15 December 1999. The Special Rapporteur transmitted
information to or received responses from 77 countries. He sent more than
147 urgent appeals on behalf of more than 450 identified individuals.
Observations by the Special Rapporteur on the situation with respect to
allegations of torture in several countries are included.
During the period under review the Special Rapporteur undertook four
missions. The report on the visit to Romania (19—29 April) is contained in
Addendum 3 to the present report; the report on the visit to Cameroon
(12-20 May) in Addendum 2; and the report on the visit to Kenya
(20—29 September) in Addendum 4. He also undertook a joint mission to East Timor
with the Special Rapporteurs on extrajudicial, summary or arbitrary execution
and on violence against women, its causes and consequences (see A/54/660,
transmitted to the Commission in document E/CN.4/2000/115)
Regarding country visits, the Government of China has invited the Special
Rapporteur to visit that country. The Permanent Representative of Azerbaijan to
the United Nations Office at Geneva gave an initial positive reaction to the
Special Rapporteur's request sent in 1999 to visit his country. The Deputy
Permanent Representative of Brazil, pending a formal invitation from the
Government, expressed his hope that a mission by the Special Rapporteur to
Brazil would come to fruition. The Special Rapporteur's requests to visit India,
Indonesia, Bahrain, Egypt, Tunisia and Algeria have not resulted in invitations.
No mandate—related issues have arisen during the year under review. The
methods of work of the Special Rapporteur have been those followed previously,
as approved most recently by the Commission in its resolution 1999/32,
paragraph 21. In particular, he has continued to seek cooperation with holders
of other Commission mandates to avoid duplication of activity in respect of
country—specific initiatives.
A significant development for the mandate was the invitation, contained
in General Assembly resolution 53/139, paragraph 24, and Commission resolution
1999/32, paragraph 29, for the Special Rapporteur to present an interim report
to the fifty—fourth session of the General Asser ly on overall trends and
developments with regard to his mandate. In November 1999, he accordingly
submitted a report (A/54/426) to the Third Committee of the General Assembly
under agenda item 116 (a)
Annexed to his main report are the Principles on the effective
documentation of torture and other cruel, inhuman or degrading treatment or
punishment, from the Manual on Effective Investigation and Documentation of
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, also
known as the Istanbul Protocol. This manual is intended to provide international
guidelines for the assessment of individuals who allege torture and ill—
treatment, for the investigation of cases of alleged torture and for the
E/CN. 4/2000/9
page 5
reporting of such findings to judicial and investigative bodies. The Special
Rapporteur is of the view that the manual will be an important tool for States
in carrying out investigations concerning allegations of torture or ill—
treatment.
Introduction
1. The mandate of the Special Rapporteur on torture, assigned since April
1993 to Sir Nigel Rodley (United Kingdom) , was renewed for three more years by
the Commission on Human Rights in its resolution 1998/38. In conformity with
this Resolution, the Special Rapporteur hereby submits his seventh report to the
Commission. Chapter I deals with aspects of the mandate and methods of work.
Chapter II summarizes his activities in 1999. Chapter III contains a summary of
communications sent by the Special Rapporteur and replies from Governments, from
11 December 1998 to 15 December 1999. Chapter IV contains the Special
Rapporteur's conclusions and recommendations.
2. In addition to the above—mentioned resolution, several other resolutions
adopted or reaffirmed by the Commission on Human Rights at its fifty-fifth
session are also pertinent within the framework of the mandate and have been
taken into consideration by the Special Rapporteur in examining and analysing
the information brought to his attention. These resolutions are, in particular:
1999/31, “Independence and impartiality of the judiciary, jurors and assessors
and the independence of lawyers”; 1999/33, “The right to restitution,
compensation and rehabilitation for victims of grave violations of human rights
and fundamental freedoms”; 1999/34, “Impunity”; 1999/35, “Extrajudicial, summary
or arbitrary executions”; 1999/36, “Right to freedom of opinion and expression”;
1999/37, “Question of arbitrary detention”; 1999/38, “Question of enforced or
involuntary disappearances”; 1999/39, “Implementation of the Declaration on the
Elimination of All Forms of Intolerance and of Discrimination Based on Religion
or Belief”; 1999/42, “Elimination of violence against women”; 1999/47,
“Internally displaced persons”; 1999/66, “Implementation of the Declaration on
the Right and Responsibility of Individuals, Groups and Organs of Society to
Promote and Protect Universally Recognized Human Rights and Fundamental
Freedoms”.
I. MANDATE AND METHODS OF WORK
3. No mandate—related issues have arisen during the year under review. The
methods of work of the Special Rapporteur have been those followed previously,
as approved most recently by the Commission in its resolution 1999/32,
paragraph 21, and by the General Assembly in its resolution 54/156,
paragraph 16. In particular, he has continued to seek cooperation with holders
of other Commission mandates to avoid duplication of activity in respect with
country—specific initiatives. Thus, he has sent urgent appeals, transmitted
information alleging violations within his mandate to Governments and sought
missions to Mer er States, in conjunction with the following mechanisms: the
Working Groups on Enforced or Involuntary Disappearances and on Arbitrary
Detention; the Special Rapporteurs on extrajudicial, summary or arbitrary
executions; the independence of judges and lawyers; the promotion and protection
of the right to freedom of opinion and expression; violence against women, its
causes and consequences; the situation of human rights in the Democratic
Republic of the Congo; the Special Representative of the Commission on the
E/CN. 4/2000/9
page 6
situation of human rights in the Islamic Republic of Iran; the Special
Representative of the Secretary—General on internally displaced persons.
II. ACTIVITIES OF THE SPECIAL RAPPORTEUR
4. A significant development for the mandate was the invitation, contained
in General Assembly resolution 53/139, paragraph 24, and Commission
resolution 1999/32, paragraph 29, for the Special Rapporteur to submit an
interim report to the fifty—fourth session of the General Asser ly on overall
trends and developments with regard to his mandate. In Nover er 1999, he
accordingly submitted his report (A/54/426) to the Third Committee under agenda
item 116 (a) . Finally, in its resolution 54/156, the General Asser ly requested
the Special Rapporteur to submit an interim report to it at its fifty—fifth
session.
5. During the period under review the Special Rapporteur undertook four
missions. The report on the visit to Romania (19—29 April 1999) is contained in
Addendum 3 to the present report; the report on the visit to Cameroon
(12-20 May 1999) in Addendum 2; and the report on the visit to Kenya
(20—29 September 1999) in Addendum 4. In accordance with Commission
resolution S/4/1 of 27 September 1999 on the situation of human rights in East
Timor, he also undertook a joint mission to East Timor with the Special
Rapporteurs on extrajudicial, summary or arbitrary executions and on violence
against women, its causes and consequences. The report on the visit (A/54/660)
is transmitted to the Commission in document E/CN.4/2000/115.
6. By letter dated 15 February 1998, the Government of China extended an
invitation to the Special Rapporteur to visit that country, for which he is most
grateful. The Permanent Representative of Azerbaijan to the United Nations
Office at Geneva gave an initial positive reaction to the Special Rapporteur's
request, sent in 1999, to visit his country. The Deputy Permanent Representative
of Brazil, pending a formal invitation from the Government, expressed his hope
that a mission by the Special Rapporteur to Brazil would come to fruition. The
Special Rapporteur's requests to visit India, Indonesia, Bahrain, Egypt, Tunisia
and Algeria have not resulted in invitations.
7. In March 1999, the Special Rapporteur participated in a meeting in
Istanbul which completed the drafting process of the Manual on Effective
Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, also known as the Istanbul Protocol. The
conceptualization and preparation of the manual was a three—year collaborative
effort between forensic doctors, physicians, psychologists, human rights
monitors and lawyers representing 41 organizations or institutions from
15 countries. In August 1999, the manual was presented to the United Nations
High Commissioner for Human Rights at a meeting in Geneva, at which the Special
Rapporteur was present. It is intended to provide international guidelines for
the assessment of individuals who allege torture and ill—treatment, for the
investigation of cases of alleged torture, and for the reporting of such
findings to judicial and investigative bodies. Annexed to the present report are
the “Principles on the effective investigation and documentation of torture and
other cruel, inhuman or degrading treatment or punishment”, which are included
as an appendix to the Istanbul Protocol.
E/CN. 4/2000/9
page 7
8. The Special Rapporteur was elected Chair of the sixth Meeting of Special
Rapporteurs/Representatives, Independent Experts and Chairpersons of the Working
Groups of the Commission on Human Rights (31 May-4 June 1999) . In this quality,
he attended the inter—sessional open—ended working group on enhancing the
effectiveness of the mechanisms of the Corimission on Human Rights
(6—8 December 1999) . The Special Rapporteur also participated in several
conferences, including a conference on “Investigating and combating torture”
organized by the University of Chicago (4-7 March 1999) , the 4th Biennium
Meeting of the International Human Rights Network of Academies and Scholarly
Societies in Stockholm (6 May 1999) , a meeting on “Ethical values in politics”
convened by the Government of Norway in Oslo (26 June 1999) , and a workshop on
the issue of torture organized by the Organization for Security and Co—operation
in Europe in Pristina (9—11 Decer er 1999) . On 19 November 1999, he addressed
the participants of an international conference entitled “The prevention of
torture at the dawn of a new millennium”, organized by the Council of Europe for
the 10th anniversary of the European Committee for the Prevention of Torture.
III. INFORMATION REVIEWED BY THE SPECIAL RAPPORTEUR
WITH RESPECT TO VARIOUS COUNTRIES
9. During the period under review, the Special Rapporteur sent 60 letters to
56 countries on behalf of about 700 individuals and 32 groups involving about
3,000 persons. About 150 were known to be women and 50 were known to be minors.
The Special Rapporteur also sent 20 letters reminding Governments of a number of
cases that had been transmitted in previous years. Together with individual
cases the Special Rapporteur also transmitted to Governments 21 allegations of a
more general nature. The Special Rapporteur sent 144 urgent appeals to
51 Governments on behalf about 430 individuals (of whom about 35 were known to
be women and 45 to be minors) and 15 groups involving about 1,500 persons with
regard to whom fears that they might be subjected to torture and other forms of
ill-treatment had been expressed. In addition, 26 Governments provided the
Special Rapporteur with replies on 155 cases submitted during the year under
review, whereas 24 did so with respect to some 350 cases submitted in previous
years.
10. This chapter contains, on a country—by—country basis, summaries of
general allegations, individual cases, as well as of urgent appeals, and
government replies. Observations by the Special Rapporteur have also been
included where applicable. In view of the fact that most States have not been
given sufficient time to respond to letters transmitting allegations, the
Special Rapporteur has sought to avoid, in his observations at the end of
country entries, reference to allegations transmitted during the year. Due to
the late despatch of several regular communications in English, Governments did
not have sufficient time to respond to allegations. Thus, the Special Rapporteur
has not drawn any conclusions in relation to these allegations. As indicated
last year, information provided by Governments regarding the Special
Rapporteur's recorimendations made after visits in previous years to Chile,
Colombia, Mexico and Venezuela, have been included in Addendum 1 to the present
report. Owing to a lack of resources, the Special Rapporteur was not able to
complete the study on human rights defenders to which he referred in his report
to the General Assembly.
E/CN. 4/2000/9
page 8
AfQhanistan
ReQular communications and replies received
11. The Special Rapporteur has received information on alleged acts of
torture and other forms of ill—treatment which were said to have occurred in
August 1998 when the Taliban reportedly seized the town of Mazar—I—Sharif. The
allegations received were consistent with those received by the Special
Rapporteur on the situation of human rights in Afghanistan, a summary of which
may be found in his interim report to the General Assembly (A/53/539) . A reply
from the Embassy of the Islamic Emirate of Afghanistan in Islamabad may also be
found in that report.
UrQent a inieals and replies received
12. On 24 March 1999, the Special Rapporteur sent a joint urgent appeal in
conjunction with the Special Rapporteur on violence against women, its causes
and consequences, on behalf Farzana, a young pregnant woman who had reportedly
been found guilty of extra—marital sexual intercourse. She was due to be
publicly flogged after the birth her baby which was expected to be delivered in
a few weeks' time. Her co—accused, Sayed Sarwar, who had also been found guilty
of adultery, had reportedly been publicly lashed one hundred times at a school
football ground in Kabul.
Albania
ReQular communications and replies received
13. By letter dated 8 Nover er 1999, the Special Rapporteur reminded the
Government of a number of cases submitted in 1998 regarding which no reply had
been received.
AlQeria
ReQular communications and replies received
14. By letter dated 3 September 1999, the Special Rapporteur informed the
Government that he had received information on the cases described below,
concerning which the Government replied by letter dated 15 November 1999.
15. Ahmed Jalal was allegedly arrested on 20 December 1992 while
participating in demonstrations in support of the Islamic Salvation Front, of
which he has been a member since Septer er 1989. He was reportedly accused of
murder and interrogated for one week. He was allegedly forced to swallow
detergents, which caused diarrhoea, his penis was crushed in a drawer and he was
sodomized by one of his interrogators. He was then transferred to Lar asa prison
in Tazoult, Batna province, where he spent five years. In late March 1998 he was
transferred to a hospital, from which he escaped on 9 April 1998.
16. Mohamed Ouarti was allegedly accused of involvement in the killing of a
young woman who was part of the national security force. He was reportedly
arrested on 11 April 1993 at his home in Algiers by members of the national
police force. He was suspended from handcuffs attached to his wrists by masked
persons, burnt with a blowtorch and subjected to electric shock. He was finally
admitted to the emergency ward and treated for paralysis of the right hand and
E/CN. 4/2000/9
page 9
auditory difficulties, as certified in a medical report of which the Special
Rapporteur has a copy.
17. The families of the disappeared persons were allegedly beaten, ill—
treated and threated by the police while attempting to hold a peaceful
demonstration on 31 March 1999 in front of the National Observatory for Human
Rights.
18. Mohamed Boukhlaf was allegedly arrested in August 1998, together with his
wife, daughter and ten-year-old nephew. He was reportedly tortured at the Bab
Djedid police station in Algiers. He is said to have been raped and some of his
teeth forcibly extracted. His relatives were reportedly released 11 days later.
He was allegedly charged with having contacts with armed groups. He is
reportedly still under arrest and his complaints of ill—treatment have never
been investigated.
19. The Government stated that because of the lack of significant details in
the allegations outlined above, an investigation could not be expedited. With
regard to the families of the detainees, it advised the Special Rapporteur that
the organization of demonstrations in Algiers and elsewhere is addressed
specifically in legislation and regulations which, inter alia, require that
authorization be requested and prohibit the participation of minors.
An Qola
ReQular communications and replies received
20. By letter dated 3 September 1999, the Special Rapporteur informed the
Government that he had received information on the cases described below. By
letter dated 10 September 1999, the Government advised the Special Rapporteur
that it had duly noted the allegations mentioned but could provide no
information as long as the legal proceedings, which were confidential, were in
progress. It likewise assured the Special Rapporteur that according to
article 36 of the Constitution, no one may be punished for any act other than
one expressly prohibited by law.
21. Dr. Adriano Pariera, former Permanent Representative of Angola to the
United Nations at Geneva and head of the opposition party Partido Angolano
Independente, was allegedly arrested on 4 November 1998 in Luanda for
misappropriation of public funds. He is said to have been taken into custody a
few days after criticising the Government on national television and to have
been seated on a small, unstable chair during his interrogation by the National
Criminal Investigation Branch the night following his arrest. He was reportedly
then kept in solitary confinement for five months and deprived of the treatment
required by his state of health, which is now allegedly critical.
22. Antonio Mavungo was allegedly beaten to death in March 1998 by a police
officer in Cacongo, Cabinda province, after a dispute over a water source. He
was reportedly hit in the head with the butt of a police revolver. The Cacongo
police chief allegedly ordered the arrest of the officers, but the order has not
been carried out.
23. Antonio Manuel was allegedly arrested by the police in May 1998 near
Caculama and stabbed in the back to spell out the word “UNITA”.
E/CN. 4/2000/9
page 10
Observations
24. The Special Rapporteur regrets that, despite his invitation to the
Government to provide the relevant information, it has not seen fit to indicate
any action being taken in these cases to investigate the allegations, bring to
justice those who may be responsible and compensate the alleged victims or their
next of kin.
ArQentina
UrQent a inieals and replies received
25. On 14 April 1999, the Special Rapporteur transmitted an urgent appeal
jointly with the Special Rapporteur on extrajudicial, summary or arbitrary
executions on behalf of José Luis Ojeda, who was allegedly shot and wounded by
an unidentified aggressor outside his home in Buenos Aires on 6 April 1999. A
police patrol from Station 34 was reportedly in the vicinity at the time of the
events but did not intervene. According to the information received, this is the
latest in a series of attacks and harassment to which José Luis Ojeda and his
family have been subjected since he claimed he was beaten and tortured by the
Federal Police in Station 34 during his brief stay there three years before. The
Centre for Legal and Social Studies allegedly informed the authorities of the
attack.
26. By letter dated 10 June 1999, the Government responded to this urgent
appeal. It indicated that following a complaint submitted to what has now become
Examining Court No. 43, proceedings are in progress, an order of committal
having been issued against Sergeant Victor Pablo Barrionuevo for the offence of
minor bodily harm. Insufficient grounds were found for either undertaking or
dismissing proceedings against Major Carlos Fabian Chavez. The action to rescind
is not final because appeals have been lodged by lawyers both for the Argentine
Federal Police and for Mr. Ojeda. The Government indicates that preliminary
steps have been instituted in Court No. 14 concerning the offence of 6 April
1999. It states that measures were taken to ensure Mr. Ojeda's physical safety
and provide psychological counselling. Such measures continued until 19 April,
when Mr. Ojeda ceased to accept assistance of any kind. Since 27 April, contact
has been made with the victim only once, and he again declined any form of
protection.
Follow—un to previously transmitted communications
27. By letter dated 26 October 1998, the Special Rapporteur transmitted to
the Government information concerning possible cases of torture in Argentina. By
letters dated 16 December 1998 and 6 January 1999, the Government responded by
providing the Special Rapporteur with information on the following case,
summarized below.
28. Marcelo Atencio was allegedly arrested and tortured on 20 March 1998 by
mer ers of the Buenos Aires Police Force, Station No. 1, San Miguel (see
E/CN.4/1999/61, para. 44). According to the Government, “sessional” proceedings
have been instituted in Criminal and Correctional Transit Court No. 3 of the
Judicial Branch of San Martin, Buenos Aires District Authority. On 21 March
1998, Marcelo Atencio underwent medical examination and a number of minor
injuries were found. During the preliminary steps ordered by the court, it was
discovered that he had been examined by the police physician on duty at the time
E/CN. 4/2000/9
page 11
of his arrest, who pronounced him inebriated and diagnosed the injuries re—
identified on 21 March, as well as additional symptoms. The court ordered the
case provisionally dismissed on 22 June 1998 because the person who had
allegedly committed the offence of bodily harm could not be identified.
29. In the same letter dated 26 October 1999, the Special Rapporteur
transmitted to the Government the case of Luis Cufré, aged 14, who was
reportedly arrested and thrown to the pavement in the path of an oncoming truck
on 18 Septer er 1995 in Plaza Constitución, Federal Capital, by police officers
of the Mitre Division (see E/CN.4/1999/61, para. 45) . In its letter dated
16 December 1998, the Government indicated that proceedings had been instituted
in National Correctional Court No. 13, Office 79. Implicated in the proceedings
were a corporal of Division No. 1 Mitre SS Railways and the driver of the truck,
which belonged to a garbage collection company and which allegedly ran over the
minor and another person, also a minor. The Government gave detailed information
on the treatment provided for Luis Cufré and the severe injuries he sustained.
The Street Children Division of the National Council for Minors and Families has
been involved in the case, providing assistance in various areas from
documentation to rehabilitation. The case is in pre—trial proceedings.
Investigations of alleged irregularities in the initial handling of the case by
the police are also being made.
30. In the same letter, the Special Rapporteur reminded the Government that
it has not responded to the information he sent it on 26 May 1997 according to
which a number of detainees at the Córdoba remand centre were subjected to
various forms of torture on 22 January 1996 following disturbances provoked by
an escape attempt (see E/CN.4/1998/38/Add.1) . In its letter of 16 December 1998,
the Government provided information on that incident. It transmitted to the
Special Rapporteur the reports of the Penitentiary Service, Córdoba province,
and of the Penjuez Service, which investigated the incident. According to the
reports, proceedings were initiated in the case but no one has been charged,
either in the administrative or in the judicial courts, with the crime of
torture or ill—treatment. The charges brought against three prison employees
were for other causes. Information was given on the injuries suffered by the
various detainees, their gravity and the medical treatment given. Medical
treatment in the penitentiary centre had been deemed adequate by two forensic
scientists and three defence lawyers. Evidence had been taken from over
100 persons, but it lacked consistency. Although the case was being processed by
Federal Court No. 3 and Examining Court No. 12, both of Córdoba, the Government
stated that the “case in question does not involve one of the forms of torture,
since not a single employee of the Penitentiary Service in the entire province
is suspected or accused of the crime of torture.” As for the investigations
carried out to clarify the circumstances surrounding the death of three of the
detainees and, in the death of Luis Rogelio Martin, the possible implication of
drug trafficking, that case has been transferred to the Federal Court for
jurisdictional reasons. With respect to detainees Sanchez and Sarriá, despite
numerous inquiries, autopsies and testimony, the specific events which led to
their deaths have still not been definitively revealed.
Australia
UrQent a inieals and replies received
31. On 6 December 1999, the Special Rapporteur sent an urgent appeal on
behalf of a Libyan asylum—seeker, whose name is unknown to the Special
E/CN. 4/2000/9
page 12
Rapporteur, and his family, who were said to be facing iriminent and forcible
repatriation to Libya, where they may be at risk of torture. He was said to be a
mer er of the reportedly illegal Libyan opposition group National Front for the
Salvation of Libya (NFSL) . The Australian Refugee Review Tribunal reportedly did
not accept that he was a member of this organization and therefore rejected his
claim. The authorities reportedly unsuccessfully attempted to deport the family
on 1 December 1999, but the airline refused to carry them because of the
physical condition of one of the asylum—seekers. The parents were allegedly
verbally and physically abused at the airport while in the custody of the
officials who were attempting to deport them.
Follow—un to previously transmitted corimunications
32. By letter dated 4 January 1999, the Government replied to a communication
sent by the Special Rapporteur on 3 Septer er 1998 (see E/CN.4/1999/61,
paras. 56-58) . The Government informed the Special Rapporteur that the Royal
Corimission into Aboriginal Deaths in Custody was established on 16 October 1987
to investigate the deaths of 99 aboriginal and Torres Strait Islander people in
custody between 1 January 1980 and 31 May 1989. The Government indicated that
the Commission was tasked with examining the circumstances of the deaths, action
taken by the authorities and the underlying causes of indigenous deaths in
custody, including social, cultural and legal factors. The Government informed
the Special Rapporteur that the investigation concluded that the predominant
cause of the high incidence of indigenous deaths in custody was the
disproportionate rate at which Aboriginal and Torres Strait Islander people came
into contact with the criminal justice system, reportedly because of the
severely disadvantaged position of many indigenous people in society, socially,
economically and culturally. The Corimission made 339 recommendations to various
levels of governments in Australia on a wide range of issues and in 1992 the
Corcmonwealth Government allocated $400 million, mostly channelled through the
Aboriginal and Torres Straight Islander Commission (ATSIC) , to support 338 of
the 339 recommendations. The Government indicated that the level of
implementation of the recorimendations had led to a reduction in the number of
indigenous deaths in custody, as well as a growing awareness by custodial and
medical staff of the treatment of indigenous prisoners. However, the Government
informed the Special Rapporteur that it had acknowledged that the increasing
over—representation of indigenous people in custody and their rate of contact
with the criminal justice system needed to be addressed. To that end, a
ministerial surimit on indigenous deaths in custody was convened in July 1997.
Strategic plans to address the over—representation of indigenous people in the
criminal justice system are now being monitored.
33. The Government also responded to the two individual cases transmitted.
34. Concerning Daniel Yock, the Government denied that any torture occurred
in this case. It indicated that an investigation was undertaken by the Criminal
Justice Commission into his death, which relied heavily on two autopsy reports.
The Commission found that the cause of his death was a combination of heart
problems and drug intoxication. The Corimission further found that there was
insufficient evidence to lay criminal charges against anyone involved in his
arrest and detention. A copy of the Criminal Justice Commission's Investigation
findings and the Coroner's recommendation and notification were transmitted to
the Special Rapporteur. The Government noted that the results of the inquiry
were public and all evidence before the Commission had been given in open court.
E/CN. 4/2000/9
page 13
35. Concerning Kim Nixon, the Government denied that any torture took place.
The Government indicated that an independent coronial inquiry was conducted
which found that he died of natural causes as a result of hypertensive and
arteriosclerotic heart disease, and that there was insufficient evidence to
support a case against any mer er of the police service. However, the Government
advised the Special Rapporteur that the inquiry did not consider the allegation
that police officers had been told where Kim Nixon's medication could be found
and that they reportedly made no attempt to retrieve it. In relation to this
allegation, the Government drew the Special Rapporteur's attention to a report
of the Social Justice Commission on his death in Indi Qeneous Deaths in Custody
1989 to 1996 (extracts of which were forwarded to the Special Rapporteur) , which
indicated that upon his arrival at the police station, he had told the officer
on duty that he was on blood pressure medication which was noted on his
admission form. According to this report, the location of the medication was
noted by visitors from the Aboriginal Visitor's Scheme in the visitors' book at
the police station, but the police did not become aware of this information
until after his death as there was no procedure for examining the visitors'
book. The Government stated that the examination of the case by the Social
Justice Commissioner was based on a secondary evaluation of textual materials
and was undertaken without witnesses being called or evidence being tested. The
Government noted that the report has not been tabled in Parliament nor responded
to by the Government.
36. The Government attached the following additional documents for reference:
“The Royal Commission into Aboriginal Deaths in Custody: An overview of its
establishment, findings and outcomes” and the “Queensland Criminal Justice Act
1989”.
Azerbaijan
ReQular communications and replies received
37. By letter dated 15 November 1999, the Special Rapporteur advised the
Government that he had received information according to which police and other
security force personnel beat and tortured persons detained in pre—trial custody
in order to punish them, gather information, force confessions and compel
corroborating testimony from witnesses. Those accused of treason or other
political offences are said to be systematically tortured, in particular in the
lock-up of the Baku City Police Department, also known by the Russian acronym
“Gorotdel”, but also in other holding facilities, including the Presidential
Special Department. The police also reportedly routinely and severely beat
persons accused of petty or more serious crimes. Such abuse is said to occur
immediately after detention, but can also continue for months throughout the
prolonged period of pre—trial detention. Detainees are reportedly frequently
detained in temporary holding facilities without being charged, well beyond the
3 to 10—day period prescribed by law, through frequent recourse to extensions.
During pre—trial detention, the police are said to pressure detainees either not
to seek counsel or to accept State—appointed government lawyers who may not work
for their clients' best interests. Furthermore, it is alleged that detainees who
are formally charged are transferred to remand prisons where they are held in
“isolation” as a “restraining measure”. This is believed to contribute to abuse.
38. Investigators have reportedly often refused requests from lawyers for
access to their clients in temporary holding facilities and remand prisons. The
Ministry of Internal Affairs, which has jurisdiction over the majority of pre-
trial detention facilities, is said to have also denied access. Lawyers are also
E/CN. 4/2000/9
page 14
reported to have no right under the law to arrange forensic medical examinations
for their clients in order to establish evidence of physical abuse. The police
or procuracy investigator handling a case has the authority to approve or reject
a detainee's and lawyer's request for a forensic medical examination. A report
or testimony after an examination by a private doctor or other examiner who is
not an employee of the State forensic medical office is reportedly not
acceptable in court to establish the cause of injuries. Detainees have
reportedly no right to be treated or visited by their own doctors while in pre-
trial detention.
39. During an investigation, defendants are said to have no access to a judge
to protest alleged ill—treatment: their sole recourse lies with the procuracy.
In practice, the procuracy is said rarely to investigate allegations of torture
and even less frequently to prosecute the police officers allegedly responsible.
40. Coerced confessions are said to be used by the procurator's office as
evidence to secure convictions at trials. Judges are reported rarely to pursue
defendants' torture allegations. It is also reported that the police beat
individuals to extort bribes from them and family members seeking their release.
41. The Special Rapporteur has also received information regarding the
conditions of detention, which are said to amount to cruel and inhumane
treatment. It is reported that overcrowding in pre—trial detention centres
forces detainees to sleep in shifts in cells that lack proper ventilation and
light. Some detainees are reported to be extremely thin and malnourished.
Medical attention is said to be denied. The treatment of contagious diseases,
such as tuberculosis, is in particular denied.
42. The Special Rapporteur advised the Government that he had also received
information on the following individual cases.
43. Elchin Behudov was reportedly arrested without warrant in Baku on
21 October 1995 on suspicion of concealing information regarding the September
1994 murder of a fellow employee of the Presidential Special Department. He was
reportedly taken to a holding cell in the basement of the Presidential Special
Department, where he remained for two days in incorimunicado detention. On the
second day of detention he was reportedly transferred to the Baku City Police
Department (Gorotdel), where he was allegedly beaten when he refused to write a
statement. The police allegedly put a gas mask on his head and started to
asphyxiate him. He reportedly had bruises on his entire body and was later
unable to walk. A procuracy investigator who later saw him reportedly refused to
take action about the abuse. On 3 January 1996, Elchin Behudov was formally
charged under article 186 of the Azerbaijani criminal code with “concealing
evidence of a crime”
44. Abulfat Kerimov was reportedly arrested in Baku on 16 March 1996. He was
reportedly taken to the fourth floor of Gorotdel. His lawyer reported that his
entire body was covered with bruises and swelling and his eyes were swollen.
Further, he could not pick anything up with his hands or stand on his feet.
Repeated requests by his lawyer to the Procuracy General for a forensic medical
examination of his client were allegedly turned down.
45. Eldar Agayev was reportedly arrested at his workplace on 23 September
1993. On the tenth day of his detention his wife was reportedly allowed to see
him at the police station in the Twentieth Police Precinct in Nasimi district,
E/CN. 4/2000/9
page 15
and saw that he had been badly beaten. The treatment he received at a hospital
was reportedly not recorded, to conceal the fact that he had been beaten. He
reportedly underwent surgery in October 1995 for lesions on the soles of his
feet caused by the severe beating he received, and he reportedly remained in the
hospital until May 1996. His State—appointed lawyer reportedly refused to
request a forensic medical examination. A forensic medical examination was,
however, sought by a private lawyer on 20 December 1996 and reportedly denied by
an investigator, who claimed that it was “irrelevant to the case” . Eldar Agayev
was reportedly eventually convicted of murder.
46. Vuquar Verdiyev was reportedly arrested on suspicion of murder on
29 April 1996 by police in Baku. He was reportedly taken to Gorotdel and then to
the Department to Cor at Organized Crime, where he was allegedly tied to a
radiator and beaten. Hot and cold water was allegedly poured over his body. He
is said to have confessed to the murder as a result of the torture. Thereafter,
he was reportedly transferred to a prison in Ganja, where the torture allegedly
continued. One of his shoulders and a hand were reportedly broken and metal
nails were pushed under his toenails. It is believed that the abuse continued
after he made a confession in order to coerce him into signing a testimony that
he had an accomplice.
47. Bahram Sadoqov, a displaced person from the Lachin region, is reported to
have died on 19 January 1999 in his cell at the Police Administration of
Sumaqayit City, allegedly as a result of severe beatings by policemen.
48. Aleksandr Viktorovich Usenko, a Jehovah's Witness, was reportedly
arrested by three officials from the Baku City Procurator's Office on
13 November 1997 after allegedly offering a bribe in exchange for the
registration of his congregation as a religious corimunity. He was reportedly
taken to Investigation Isolation Prison No. 1, Bailov Prison, where he was
allegedly beaten and verbally abused by an investigator. He was subsequently
sentenced to three years' probation after being convicted of bribery. He
reportedly lodged a complaint about his treatment with the Baku City Procurator.
49. Nazilya Veliyeva, Arif Babayev and Rovshah Nariman ogly Mursalov, mer ers
of the same congregation of Jehovah's Witnesses, were reportedly called for
interrogation and beaten around 16 November 1997. Rovshan Mursalov was allegedly
beaten for refusing to sign a statement prepared by the police, and sought
medical treatment for a burst eardrum sustained during the beatings. Eleven
Jehovah's Witnesses have reportedly lodged complaints of ill-treatment with the
Office of the Prosecutor.
50. Vusal Rasulov, aged 12, and his sister were reportedly detained by police
in Mingechevir on 6 December 1997 in order to extract information about their
mother, Sakhiba Rasulova, the head of the Mingechevir Branch of the non-
governmental Dilara Aliyeva Society for the Protection of Women's Rights,
against whom the police had instigated criminal proceedings on the charge of
swindling. Vusal Rasulov was allegedly physically abused by an investigator, the
Chief District Inspector and the Deputy Procurator of Mingechevir during his
detention on 6 December. The three men allegedly shut his fingers in a door and
beat him on the soles of his feet. He was reportedly taken the same day by his
family to a clinic. The doctors there initially confirmed the bodily injuries,
but the relevant documents were reportedly destroyed by the doctors under
pressure from law enforcement agencies. Vusal Rasulov was reportedly then taken
to a hospital in the Kakh district, but on 9 December was allegedly abducted by
E/CN. 4/2000/9
page 16
Mingechevir police officers and held illegally in the home of one of them in the
village of Khanabad in Yevlakh district until 14 Decer er, when he was
discovered and released by Kakh district police. On 16 January 1998, he was
reportedly detained again and taken to the police department, where he was
beaten. He was reportedly taken by his family to Agdash district where doctors
found that he was suffering from torn abdominal muscles. It is further alleged
that on 7 February 1998 the police tried to exert pressure on his classmates who
had reportedly witnessed him being beaten at the police station.
51. Namik Aliyev, a lawyer, was allegedly assaulted on 12 March 1998 by
officers at police station No. 26 in the Yasamisky district of Baku when
visiting a client. He reportedly demanded that his client be given a medical
examination when he noted a fresh bruise on his face. Two police officers
allegedly beat him in the presence of his client and others. He was then
reportedly placed in a cell and taken an hour later to a hospital to be tested
for the presence of alcohol. He was reportedly released later that evening.
A doctor who examined him after his release reportedly found contusions to his
head and buttocks. The Baku City Procurator's Office reportedly instituted
criminal proceedings for exceeding authority, as a result of the alleged
beatings.
52. Elshan Javanshir oglu Rahimov, a former member of the special police
force (OPON) , was allegedly beaten in pre—trial detention in April 1998 before
his trial began on 2 July 1998. He was allegedly beaten with truncheons, a
parquet brick and a table leg at the Ministry of Interior's Department to Combat
Organized Crime. When he lost consciousness as a result of the beatings, he was
allegedly thrown under a cold shower until he revived and was later tied naked
to a central heating radiator and tortured. An officer allegedly punched him in
the face, knocking out three teeth. After he wrote protest letters to the
procuracy, he allegedly received further beatings. As a result, he reportedly
suffers from frequent fainting and deafness in one ear and had suffered a broken
humerus.
53. Fagani Magerramov, Chairman of the Geranboy Branch of the Party of
National Independence of Azerbaijan (PNIA) , was reportedly severely beaten on
30 July 1998 by the Head of the Department to Combat Organized Crime at the
Geranboy police administration. He was allegedly repeatedly beaten with a rubber
truncheon in front of other police officers for several hours. He was reportedly
released after the Ministry of the Interior intervened. The beatings are said to
have occurred after press reports alleged that the local authorities were
interfering in the collection of signatures for a PNIA presidential candidate.
A medical examination of Magerramov was reportedly carried out and a criminal
case in connection with the alleged beatings was opened by the Republican
Procuracy.
54. Shokhrat Ismailov, party secretary of the Party of Democratic
Independence, Mirvari Gakhramonova, also a party secretary and Chairwoman of the
party's Women's Committee, and Professor Fikriyya Ibragimli, a mer er of the
Supreme Council of the party, were allegedly physically assaulted by police
officers from the Yasamalsky district on 15 August 1998 while walking to the
site of an opposition party demonstration in Baku.
55. Ramil Ismailov, son of Shokhrat Ismailov (see above) and leader of the
youth organization of the Party of Democratic Independence, was allegedly
severely beaten on 15 August 1998 by seven or eight police officers using
E/CN. 4/2000/9
page 17
truncheons near the “20 January” metro station. He was reportedly taken to the
Yasamalsky district police station, where he lost consciousness, but was not
provided with any medical treatment. He was held for 23 hours before being
released. He was reportedly subsequently treated at the Nagiyev hospital for
concussion and severe trauma as a result of the beatings. A request for the
institution of criminal proceedings in connection with the alleged beatings has
reportedly been submitted to the Baku City Procurator.
56. Rafig Amirov, who was on trial for the murder of Shafa Mibabaly, is
reported to have renounced his confession, which he said was extracted under
duress, at the Baku City Court on 18 August 1998. He reportedly told the court
that he had signed the confession after three or four officers of police station
No. 24 in the Nasiminsky district of Baku beat him for around 10 minutes with
their truncheons. Signs of physical abuse were reportedly visible on his body,
as seen on a video film taken after his interrogation.
57. Vahid Qurbanov, a member of the Azerbaijan Democratic Party, was
reportedly detained near the “28 May” metro station on 12 September 1998,
together with Party colleagues. He was allegedly severely beaten and struck on
his head and legs by police officers and forced into a vehicle, after he
verbally objected to police attempts to quash his right to peaceful assembly. He
was reportedly taken to police station No. 22 of the Nasimi District Police
Administration, and sentenced the next day to 10 days' administrative detention
for offering resistance to a police officer and being under the influence of
alcohol. He was reportedly taken back to police station No. 22, and then to
Qarashahar on the evening of 20 September. On 22 September, he was reportedly
transferred back to police station No. 22 and charged with resisting a police
officer. He was reportedly eventually transferred to Investigation Isolation
Prison No. 1 (Bailov prison) . He reportedly remains in detention at this prison.
58. Vagif Guliyev, Chairman of the Fizuli Branch of the Popular Front of
Azerbaijan (PFA) , was allegedly beaten by around 10 police officers at the
Department to Combat Organized Crime of the Ministry of Internal Affairs after
being detained on 12 Septer er 1998 following a political demonstration. It is
also alleged that he was given electric shock treatment in an attempt to
persuade him to join the Yeni Azerbaijan party.
59. Salman Yusifov, Chairman of the PFA Sumgayit Branch, was reportedly
arrested on 15 Septer er 1998. He was allegedly subjected to electric shock
treatment and was reportedly later transferred to the Baku Main Police
Administration.
60. Elchin Mammadov, a PFA mer er from Sumgayit, was reportedly detained on
15 Septer er 1998 by plain—clothes police officers and taken to the Department
to Cor at Organized Crime of the Ministry of Internal Affairs. He was allegedly
forced under physical duress to confess to receiving money by Salman Yusifov
(see case above) , attending a PFA meeting on 15 Septer er and to carrying rocks
in his pockets to the meeting. He was allegedly subjected to electric shock
treatment to make him give evidence. Vagif Guliyev (see case above), Salman
Yusifov and he were reportedly subsequently released, however, criminal cases
against the three men for resisting the police and organizing a meeting which
violated public order were reportedly continuing.
61. Ramal Gumbatov, the 14—year—old son of Alikram Gur atov, a local militia
leader and head of the Equality of Peoples Party in Lenkoram, reportedly had his
E/CN. 4/2000/9
page 18
arm burnt by cigarettes by the police in September 1995, in order to coerce him
to reveal the whereabouts of his mother. He was also allegedly beaten.
62. Kerim Kerimov was reportedly attending a meeting of the opposition
Azerbaijan Popular Front and Musavat parties in Ganja on 24 May 1997 when he was
arrested by the police. According to the information received, he was taken with
several other individuals to the Ganja district police station where he was
allegedly severely beaten.
63. By a letter dated 15 Nover er 1999 sent in conjunction with the Special
Rapporteur on the protection and promotion of the right to freedom of opinion
and expression, the Special Rapporteurs informed the Government that they had
received information on the following individual cases.
64. Smira Mamigdze, Ilahme Mamigdze, Zamina Alliguze and a fourth female
journalist were reportedly injured on 16 November 1998 when the police allegedly
violently dispersed a group of journalists demonstrating in front of the Supreme
Court in Baku. The journalists were reportedly protesting against legal
proceedings brought by the head of the Presidential administration against the
Yeni Musavat newspaper.
65. Aydin Bagirov and Mustafa Hajibeyli, correspondents of 525 News a er ,
were allegedly beaten by police in front of the Baku City Executive building on
15 August 1998 while covering a picket protest by members of the Popular Front
of Azerbaijan. Their beating was allegedly witnessed by Sahil Kerimli, a
journalist with the newspaper 7 Gyun , who was allegedly detained and taken to
police station No. 9 in Sabailasky district. The men were reportedly
subsequently detained and released only after a film recording of the picket
protest was destroyed.
66. Natig Kavadli, a journalist with Olaylar newspaper, was reportedly
detained in front of the Vakhdat party office by police officers from the
Sabailsky district of Baku while covering the 15 August 1998 protest (see
above) . He was allegedly taken to a police station, where he was beaten and had
his camera confiscated. He was reportedly held for several hours before being
released.
67. Haji Zamin, a correspondent with the AzadlyQ newspaper, was reportedly
stopped by a police officer and a man in civilian clothes on 22 August 1998 at
the entrance to the “Kara Karyev” metro station. They allegedly requested his
identity documents and, upon learning that he worked for AzadlyQ , a police
inspector and an officer of the Subway Criminal Investigations Department took
him to a police station, where they abused him. The police inspector tried to
cover up the alleged beating by compiling a report which falsely stated that he
had resisted being stopped. The following day he was summoned to the Baku City
Police Administration where he was charged with resisting arrest. He reportedly
instituted legal proceedings at the Nariman district court in Baku complaining
of his treatment by the police inspector and officer. The officer was reportedly
fined for minor hooliganism and the police inspector was later dismissed from
the police force pursuant to orders made by the Minister of the Interior. In
addition, the police inspector has reportedly been arrested in connection with a
criminal case instituted by the Transport Procurator's office on 27 August 1998,
in which it is alleged that he exceeded his authority.
E/CN. 4/2000/9
page 19
68. Taleh Hamid, editor of the newspaper MustiQil , was allegedly beaten on
1 September 1998 by police officers from the Khatainsky district of Baku, near
the Goskomimushchestvo building around one and a half hours before a convoy
carrying President Aliyev was due to pass. He was reportedly stopped as he was
driving along this route by police who told him that the road was closed and
suggested, allegedly in offensive and obscene terms, that he leave the road.
When the journalist objected to their attitude, the captain of police station
No. 35 in Khatainsky district allegedly struck him in the face and pulled him
out of his car and continued to beat him on the street. Three officers from the
same station allegedly joined in the beating. A forensic medical examination was
reportedly carried out, the results of which were given to the procuracy, where
the case was reportedly being investigated by a procuracy official of the
Department of Police Supervision.
69. Sabukhi Gafarov was reportedly taken hold of by police officers on 7 May
1998. His camera was reportedly confiscated and he was allegedly hit several
times with truncheons, after the police saw him taking pictures of police
officers beating a group of women mourners asser led outside the Azhdarbey
Mosque in Baku. Another journalist, Aygun Ismaylov, was also reportedly seized
by police officers. Both are said to have been released immediately when the
crowd intervened. They reportedly contacted the authorities about these alleged
events and received a response from the Nasiminsky District Procuracy around a
month later informing him that the beatings could not be confirmed. The
Procuracy reportedly failed to summon either of the journalists, or a witness to
the incident, to investigate the complaint.
70. Ilham Shaban, a journalist of the TURAN news agency, was allegedly beaten
by police on 7 November 1998 near the office of the Azerbaijan newspaper where a
demonstration was taking place. It is alleged that he showed his press card to a
police major who allegedly ordered his subordinates to beat him.
Follow—un to previously transmitted corimunications
71. By letter dated 11 December 1998 the Government replied to a number of
previous corimunications sent by the Special Rapporteur on 23 September 1998,
20 June 1997 and 10 June 1996.
72. Concerning Samir Zulfugarov (see E/CN.4/1999/61, para. 60), the
Government replied that he was arrested on 28 July 1997 by Yasamal district
police station officers for possession of narcotics. He was held at the Yasamal
district police station until 1 August 1997, instead of being transferred to the
Baku Principal Police Station normally used for suspects under investigation.
The Government replied that on 1 August 1997 he was taken to City Hospital No. 1
where he died three hours later. Criminal proceedings were initiated by the
Procurator of Yasamal district of Baku City on 1 August 1997 and later entrusted
to the Baku City Procurator's Office, under a number of provisions of the
Criminal Code including intentional homicide. The file regarding one of the
arresting police officers was later forwarded to the People's Court in Baku City
for examination, however the Government replied that the case was subsequently
halted as it was impossible to identify the persons responsible for his death.
After the case was returned to the Procurator's office for further examination,
the criminal proceedings against the police personnel and the proceedings
concerning the death of Samir Zulfugarov were combined into one case on 25 July
1997. At the time of the government reply, the case was in the hands of the Baku
Procurator's Office.
E/CN. 4/2000/9
page 20
73. Concerning Zakir Dzhabarly and Dilgam Bairamov (see E/CN.4/1999/61,
para. 61), the Government replied that criminal proceedings were instituted by
the Baku City Procurator's Office on 8 October 1997 following a statement made
on 23 Septer er 1997 in which the two men alleged that they had been insulted
and beaten by members of the police force, sustaining bodily injuries, when they
visited the office of the head of the passport section of the Narimanov district
police station in Baku, in order to ascertain the reason for the illegal
registration of a person in the tram/trolley—bus depot housing scheme. The
Government replied that a forensic examination had been undertaken which
identified bodily injuries inflicted on 22 September 1997, and stated that the
Procurator's Office of Azizbekov district had undertaken an investigation.
However, the proceedings had been halted as it could not be proved that the two
men had been beaten and severely injured by the police officers. After the
proceedings were resumed by the Procurator's Office, they were once again halted
on 26 February 1998, with the endorsement of the Procurator's Office.
74. Concerning Rafik Shaban ogly Ismailov (see E/CN.4/1997/7/Add.1, para. 9),
the Government replied that on 8 December 1995 he was taken to the district
police station, where he died in the office of the head of criminal
investigations. It stated that the Procurator's Office of Masally district
initiated criminal proceedings under article 168, Part 2 of the Criminal Code,
“exceeding of powers or official authority, accompanied by force, the use of
weapons or intimidating and personally insulting actions against the victim”,
and the case was entrusted to the Investigations Department of the Procurator's
Office, which found that the acting head of criminal investigations of the
Masally district police station forcibly took him to the police station in a
manner deliberately exceeding official powers and in serious violation of his
rights. The investigation found that he sustained slight bodily harm as a result
of physical and psychological force at the police station, where he had been
held unjustifiably, and that on that same day, following a sudden deterioration
in the state of his health resulting from cardiovascular insufficiency, a doctor
visited him at the police station. The doctor reportedly recommended
hospitalization, which, the Government stated, did not occur, and one hour later
he died. A forensic examination found that the cause of his death was
cardiovascular insufficiency, and that there was no casual link between his
death and his detention and beating in the police station. At the People's Court
of Masally, the acting police head was sentenced to be relieved of his
functions, but later released pursuant to an amnesty granted by the Parliament
on the occasion of the national day. An appeal was subsequently lodged and the
Supreme Court annulled the prior sentence and sent the case for a new hearing in
the People's Court of Salyany district, which found the acting head was guilty
of an offence under article 168, Part 1 of the Criminal Code and sentenced him
to five years' imprisonment on 21 January 1997. The Government noted, however,
that the acting police head was released under the amnesty without serving his
sentence.
75. Concerning Taptig Farkhadogly (see E/CN.4/1998/38/Add.1, para. 19), the
Government replied that on 25 November 1996 he filed a complaint with the Baku
Procurator's Office that persons, including the head of the 39th police station
of Sabail district, Baku, beat him on 17 November 1996 near the “Baku”
department store. Thereafter, an investigation was conducted and criminal
proceedings were instituted by the Baku Procurator's office on 28 Septer er
1996, under article 168, Part 2 (see above) . The Government indicated that a
forensic examination established that he sustained slight bodily harm. During
the investigation the head of the 39th police station of Sabail district was
E/CN. 4/2000/9
page 21
questioned. He said that he had not known Taptig Farkhadogly before 17 Nover er
1996 and that he had not committed any unlawful acts towards him. The Government
also stated that the investigation was halted on 28 January 1997 as it was
impossible to identify those responsible for the offences committed. The
decision to halt the investigation was annulled on 16 April 1997 by the Baku
City Procurator but supplementary inquiries failed to produce positive results
so the investigation was again halted on 6 May 1997. Nevertheless, inquiries
were continuing.
76. Concerning Murshud Makhmudov and Abulfat Kerimov, the Government replied
that criminal proceedings had been instituted by the Ministry of the Interior in
connection with unlawful actions corimitted by the special police unit, OPON,
under various provisions of the Criminal Code, in an attempted coup d'Etat on
17 March 1995. Murshud Makhmudov was detained on 13 April 1995 and Abulfat
Kerimov on 17 April 1995. The Government stated that the preventive detention
imposed on Murshud Makhmudov was modified on 27 February 1996, but that decision
was later cancelled and he was re—arrested on 4 March 1996. Concerning Abulfat
Kerimov, the Government stated that he was released from detention on 4 January
1996 but re—arrested on 17 April 1996. Both men were indicted under various
provisions of the Criminal Code and the cases forwarded to the Supreme Court.
Claims by either of the men of torture and other unlawful acts against them were
not borne out by an investigation. According to the Government, both men had the
opportunity to make statements freely during the investigation and acknowledged
their participation in unlawful acts.
Observations
77. Sharing the concern of the Committee against Torture, in its conclusions
and recorimendations following review of the country's periodic report, at “the
numerous and continuing reports of allegations of torture and other cruel,
inhuman and degrading treatment and punishment committed by law enforcement
personnel” (CAT/C/23/5, para. 5), the Special Rapporteur has requested the
Government to invite him to visit the country.
Bahrain
ReQular communications and replies received
78. By letter dated 22 November 1999, the Special Rapporteur advised the
Government that he had received information on the following cases.
79. Moharimed Al-Sayyah was reportedly detained from 5 April to 12 July 1995.
He was allegedly tortured by a Jordanian officer (whose name is known by the
Special Rapporteur) at the Al—Qal'a prison. He was reportedly subjected to
electric shocks and was severely beaten on his private parts. He was also
reportedly stripped naked and forced to sit on a bottle, resulting in an injury
that caused him continuous suffering after his release. Asbestos mats were
allegedly put in his solitary confinement cell and it is believed that this
experience, in addition to the torture he received, resulted in three years of
suffering. He reportedly died on 30 Septer er 1998 at the Salmaneya Hospital,
allegedly as a result of the treatment he was subjected to during his detention.
80. Salwa Hassan Haider, Hanan Salman Haider and Maryam Sa'id al—'Aradi,
along with several other women, were reportedly detained from 2 to 4 November
1998, at which time several arrests were made in the village of Al—Daih by the
E/CN. 4/2000/9
page 22
security forces. They were allegedly beaten on the soles of their feet and
suspended by their limbs. They were allegedly forced to role—play acts and to
impersonate characters in public places in Rif'a. They were reportedly tortured
at the al—Khamis detention centre by the Security Intelligence Service (SIS)
Salwa Hassan Haider and Hanan Salman Haider were reportedly coerced by flogging
and threats of assault, including rape, into signing a confession stating that
they had violated the Constitution. They were reportedly being held in
incommunicado detention, while Maryam Sa'id al—'Aradi was said to have been
released without charge.
81. Hussain Mohammed Al Mula, aged 16, from Sanad, was reportedly arrested on
22 November 1998 and detained at the Al Qalá police station in Manama. He has
allegedly been severely tortured by SIS officers. According to the information
received, as a result of the torture, he was reportedly transferred to the
hospital of Manama where one of his hands was amputated. After 12 days in the
hospital he was reportedly re—arrested and was being held in incorimunicado
detention.
82. Moharimed Ali Al Ikri, aged 17, from Al Qadam village, was reportedly
detained at the Al—Qalá police station in Manama on 1 November 1998. He was
allegedly beaten so severely by SIS officers that he was hospitalized and
subsequently released. He was later reportedly arrested and SIS officers
allegedly threatened to torture him until he would no longer be able to walk or
talk. According to the information received, he was reportedly transferred to
the al—Khamis detention centre and received his first visitor.
83. Salah Abdul Hussain Mohammed was reportedly detained on 2 November 1998
at the Al—Qalá police station in Manama. He was allegedly severely beaten and
denied medical treatment. His condition allegedly worsened to the point that he
required hospitalization.
84. Isa Al Bazaz, aged 16, was allegedly arrested by the SIS on 4 November
1998 and taken to Al Qalá police station in Manama. It is reported that when the
SIS did not find his father, they instead took him as a hostage. According to
the information received, he was severely beaten at the time of arrest.
85. Hamza Issa Al Hamar, from the Al Deh region, was allegedly detained on
28 August 1998 at the Al Qalá police station in Manama by the SIS and released
on 1 September 1998. He was reportedly beaten with PVC hose pipes all over his
body, especially on the head and stomach.
86. Zakaria Habib Mater, aged 17, was allegedly detained by the SIS from
17 February to 1 April 1998 at a farm near his home in Ikir. He was reportedly
dragged to a palm tree, to which he was bound. He was reportedly blindfolded and
taken to a detention centre where he was held in a toilet for 10 days and
subsequently placed in solitary confinement for 34 days, continuously
blindfolded.
87. Seyed Hussain Seyed Majeed Seyed Hussain was allegedly arrested by the
SIS on 2 August 1998. He was taken to the Al—Qalá police station in Manama and
was allegedly beaten on the ears and subjected to sexual insults.
88. Ibrahim Hilal was allegedly arrested on 2 August 1998 and detained at the
Al—Qalá police station in Manama by the SIS. He was allegedly beaten on the head
and stomach and forced to remain standing for several days.
E/CN. 4/2000/9
page 23
89. Hussain Abas Al Aamer, was reportedly detained from 7 to 10 August 1998
at the Al-Qalá police station in Manama. He was allegedly beaten by the SIS with
PVC hose pipes all over his body, especially on his back and stomach.
90. Nasser Abd Al Hussain Al Aleem, was reportedly detained from 7 to
10 August 1998 at the Al—Qalá police station in Manama. He was allegedly beaten
by the 515 on the soles of his feet, which is said to have resulted in
difficulties in walking after his release.
91. Hussain Ali Ahmed Al Kazaz was reportedly arrested on 3 August 1998 and
detained at the Al-Qalá police station in Manama. He was allegedly beaten by the
515 with PVC hose pipes.
92. Moharimed Salman Yousif Abdul Rasool, from Daih, was reportedly arrested
on 2 August 1998 and detained at the Al-Qalá police station in Manama. He was
allegedly beaten by the SIS all over his body with PVC hose pipes.
93. Hassan Al Say'g and Abdula Al Wasti were reportedly detained on 3 August
1998. It was reported that they were detained at the Al—Qalá police station in
Manama and were allegedly beaten by the SIS all over their bodies with PVC hose
pipes.
94. Hassan Ahmed Juma and Hussain Ahmed Juma were reportedly detained at the
Al Khamees police station on 11 February 1999 and 12 February 1999,
respectively, and released the next day. They were allegedly blindfolded and
beaten by four mer ers of the SIS.
95. Abdulla Ali Al Natashaas was reportedly detained by the SIS on
10 February 1999 and allegedly held at the Al Khamees police station. He was
allegedly beaten, blindfolded and whipped, as well as prevented from using the
bathroom.
96. Abdul Nabee Ahmed Al Zaimmour, aged 16, Ali Ahmed Al Zaimmour, Issa Mulla
Mansoor Al Uteby, age 16, and others, were taken from the Al Deh region on
10 February 1999. They were allegedly beaten and threatened with having police
dogs released on them at the Al Khamees police station by the SIS.
97. Abas Khamees Amran has reportedly been imprisoned for many years at the
Al Qalá police station in Manama. He was reportedly hung by his arms for many
hours by SIS members. According to the information received, he is still
experiencing severe pain in his left arm, allegedly as a result of this
treatment. He has allegedly been held in solitary confinement since November
1998.
98. Abdul Amir Al Safar was reportedly detained on 1 February 1999 at the Al
Qalá police station in Manama and released on 4 February 1999. He was allegedly
beaten on his face and back and burnt on his chest.
99. Aref Ali Al Samak, Mohammed Ali Mansoor Al Saeed and Saleh Habeeb Ali
were allegedly detained at the Al Qalá police station in Manama on 2 February
1999 and released a few days after. They were all allegedly severely beaten.
Aref Ali Al Samak was said to be suffering from psychological shock. Mohammed
Ali Mansoor Al Saeed reportedly confessed to false charges after being beaten
and after his family were allegedly threatened. Saleh Habeeb Ali was allegedly
handcuffed, beaten with PVC hose pipes and kicked on the head.
E/CN. 4/2000/9
page 24
100. All Al Sadadee, a cleric, was allegedly taken from the Al Drraz region on
5 March 1999 and brought to the Al Khamees police station. According to the
information received, he was beaten by SIS members with PVC hose pipes on his
ears and the soles of his feet. Adnana Al Seyed Hashem, a cleric, was also
allegedly detained and taken from the Al Drraz region on 5 March 1999. He was
reportedly whipped and not allowed to use the bathroom.
101. Hussain Hamed and Dya Amir, both 16 years old, were reportedly arrested,
together with several others, in Sitra on 2 October 1999. They were allegedly
severely beaten at the Sitra police station.
102. Hussain Saeed Jassim was reportedly arrested with his younger brother,
Redha, and allegedly subjected to electric shocks. They were reportedly both
released a few days later.
103. Abbas Saeed Hassan Sapt was reportedly arrested on 12 April 1998. He was
allegedly detained at the Al Khamees police station and the Budaj'e police
station by the SIS. He was allegedly forced to stand for 15 days, was hung by
his arms and legs and beaten on the soles of his feet, stomach and head. He was
allegedly not given food for three days. When he became extremely ill he was
reportedly transferred to a military hospital on 28 June 1998. His health
reportedly deteriorated and he was eventually transferred to the Salmania
Hospital.
104. The Special Rapporteur has also received further information regarding
the following individuals on behalf of whom, amongst others, he sent an urgent
appeal on 9 March 1999 (see below) : Hussain Mansoor was reportedly detained on
10 February 1999. According to the information received, he was severely beaten
on the soles of his feet and forced to stand for long periods of time. Abbas Ali
Marhoom, aged 14, from Al Nowadratt, was reportedly detained on 18 February 1999
by the SIS at the Al Qalá police station in Manama. He was allegedly beaten all
over his body, especially on his head and face. Mahdi Ahmed Marhoom, aged 14,
from Al Nowadratt, was also reportedly been detained. It is reported that in
addition to being beaten, he was threatened with rape and sexual abuse. Abdul
Shaheed Mulla Jaffar, aged 14, from Al Nowadratt, was also reportedly detained.
He was allegedly forced to stand during the first days of his imprisonment and
was not allowed to use the bathroom for many days. Ahmed Mahdi Habeeb, aged 14,
from Al Nowadratt, was also reportedly detained. He was allegedly beaten with
PVC hose pipes on his body and the soles of his feet, which has allegedly caused
him difficulties in standing and walking. Jasem Mohammed Hassan Kadhem was
allegedly detained on 25 January 1999 at the Al Qalá police station in Manama
and released on 29 January 1999. He was reportedly beaten by the SIS on the
soles of his feet and was then forced to stand during his detention.
105. By the same letter, the Special Rapporteur reminded the Government of a
nur er of cases transmitted in 1998 to which replies had not been received.
UrQent a inieals and replies received
106. On 9 March 1999, the Special Rapporteur sent an urgent appeal on behalf
of the persons named below. He transmitted further information concerning some
of these persons in his regular communication (see above) . The following
19 minors were reportedly arrested and detained by security forces in February
1999: Abbas Ali Marhoon, Abdul Shahid Jaffer Al-Mulla, Ahmad Mahdi Habib, Ahmad
Mahdi Marhoon, Isa Mula Mansoor Al Utaibi, Abdul Ghani Ahmad Al Zaimur, Ali
E/CN. 4/2000/9
page 25
Ahmad Al—Zaimur, Seyed Isa Ismail, Ibrahim Abdulla Ahmad Abbas, Seyed Jaffer
Mohamed Hashim, Seyed Kamil Kadhim Ibrahim, Jaffar Abd All, Hussain Jaffer
Jassim, Mahmood Hassan Abdul Wahab, Hussain Mahdi Saleh, Ahmad Abdul Nabi Abdul
Karim, Ahmad Abd All Al-Madani, Mohammed and Abdulla Al-Yoser. It was also
reported that the following 33 adults were reportedly arrested In the same
period: Jasim Mohammed Hassan Kadhem, Fawzi Mohammed Hassan Mahdi, Moharimed
Abdulla Yousif, Abdul Amir Al—Saffar, Aref All Al—Sammak, Moharimed All Mansoor
Al—Saeed, Salah Habib All, Shakir Hassan Makki Darwish, Hassan All Hassan
Al—Saegh, Mona Salman Haidar, Hassan Ahmad Jum'a, Abdula Al—Nachas, Wajih Saleh,
Hussain Mansoor, Faisal Al—Askafi, Jaber Mansoor Fardan, Sheikh Sadeg Al—Durazi,
Haj Hasan Jarallah, Seyed Omran Sharaf Al—Alawi, All Abdul Hussain, Habib Hamza,
All Jaffer Al—Mahoozi, Sadig Abdulla, Seyed All Al—Samak, Seyed Adnan Seyed
Hashim, Maitham All Al—Sheik, Jafar Islami, Ahmad Abdulla Saeed, Fadhil Hamid
Ahmad Ismail, Ibrahim Jaffer, Mohsin Abdulla Isa, Imad Moharimed Isa and All
Abdul Hussain. Some were said to be detained at Al—Khamis detention centre.
107. On 16 March 1999, the Special Rapporteur sent an urgent appeal on behalf
of All Al Sadadee, Adnana Seyed Hashem and Sadeg Al Drrazi, three clerics from
the Al Drraz region, who had reportedly been arrested on 5 March 1999 by the SIS
and held at the Al Khamees police station. All Al Sabadee was allegedly beaten
with PVC hose pipes on the soles of his feet and his ears, Adnana Al Seyed
Hashem had allegedly been whipped and not allowed to go to the bathroom and
Sadeg Al Drrazi had allegedly been subjected to various forms of psychological
torture, such as hearing that his wife would be raped and that his mother would
be tortured.
108. On 6 August 1999, the Special Rapporteur sent an urgent appeal on behalf
of Sheikh Hussain Al Akraf, Sayed Hashim Sayed Ibrahim, Sayed Sadig Sayed
Ibrahim, Mohammed Jaffar Al Easri, Fadhil Al Zubeid, Salman Eu Hassan and
Mohammed al Qattan, aged 17. Sheikh Hussain Al Akraf had reportedly been re-
arrested on 9 July 1999 after having just been released after more than three
years of administrative detention. He was reportedly held at the Al Qala police
station in Manama, where he was allegedly subjected to electric shocks. The
others, all from Karzakkan, were reportedly arrested on 9 July 1999 while
demonstrating for the release of Sheikh Al Jamri. They were allegedly subjected
to torture at Al Qala police station, Manama, before being transferred to the
Zallag detention centre, where they were still being held.
109. On 18 October 1999, the Special Rapporteur sent a joint urgent appeal in
conjunction with the Chairman-Rapporteur of the Working Group on Arbitrary
Detention on behalf of Hamid All Yousif Yahya, aged 17, Isamil Isa and All
Salman, who had reportedly been arrested by the Special Security Forces on
2 October 1999 during street demonstrations. They were reportedly held at the
Eudaya police station, where they were allegedly tortured.
110. On 19 Nover er 1999, the Special Rapporteur sent an urgent appeal on
behalf of 26 persons, including 11 children. The following persons were said to
have been arrested at Malekya in mid—October 1999: Mohammed Ibrahim, Jasim
Khalaf, Abdulla Ashoor Kadhim, Seyed Hashim Kadhem, aged 16, Seyed Ahmad
Al—Jaway, aged 16, and Jaffer Ibrahim, aged 16. The following persons were said
to have been arrested mid—October in Tobli: Seyed Jalal Mahmood Sharaf, aged 17,
Seyed Isa All Ismail, Seyed Adnan Seyed Hashim and Ibrahim A bdulla Ahmad Abbas.
The following persons were said to have been arrested in Karzakan on 14 October
1999: Abdul Amir Isa Abdulla, aged 17, Mohammed Jasim Abdul Rasool, aged 17,
Monir Ahmad All Al—Sheikh, aged 17, Abbas Hassan Juma Al—Shakhori, aged 15,
E/CN. 4/2000/9
page 26
Mohammed Hassan Ashoor, a teenager, Hussain Isa Abdulla and Ahmad Abbas Marhoon.
The following persons were said to have been arrested in Sitra in mid—October
1999: Ali Ahmad Abdulla Al-Tobaji, aged 17, and Abdulla Ahmad Ibrahim Abdulla.
The following persons were reportedly arrested in Ras Roman on 13 Nover er 1999
and were being detained at the Al—Hoora prison: Age d Matar, Mohamed Matar,
Abdulla Taher, Saeed Ibrahim, Hassan Jafar Madan and Ali Abdul Mahdi Hassan Al-
Mottawa. Sheikh Hassan Al—Qaidom, a religious scholar, was also reportedly
arrested and his whereabouts were unknown.
Follow—un to previously transmitted comunications
111. By letter dated 14 December 1998, the Government responded to an urgent
appeal sent on 18 November 1998 (see E/CN.4/1999/61, para. 74) . The Government
replied that Muhamad ‘Ali Muhammad ad-'Ikri was lawfully arrested on 1 November
1998 for riotous behaviour contrary to the 1976 Penal Code and was being
detained at a regular place of detention, the name of which was not provided by
the Government for reasons of public security. The Government assured the
Special Rapporteur that his family were aware of the place of his detention and
have been in regular and frequent contact with him. The Government denied that
he had been held in secret or incommunicado detention and stated that the reason
for his arrest had no connection with his previous juvenile record. The
Government further informed the Special Rapporteur that his conditions and
treatment had been humane, that he was in good health and that he had been
afforded rights of visitation, representation and medical care in accordance
with the law and international standards. The Government stated that all issues
relating to his detention, trial and release had been and would be, determined
by due process and that systematic, pro—active, measures were in force to
safeguard the physical and mental integrity of all detainees in Bahrain,
including their protection against torture and the use of excessive force.
112. By letter dated 30 December 1998, the Government responded to an urgent
appeal sent by the Special Rapporteur in conjunction with the Chairman-
Rapporteur of the Working Group on Arbitrary Detention on 10 Nover er 1998 (see
E/CN.4/1999/61, para. 72) . The Government denied that nine of the individuals
had been arrested or detained. Of the remaining individuals named in the urgent
appeal, the Government replied that one male was lawfully detained for riotous
behaviour and three males and two females were lawfully arrested and detained
following a police investigation into the premature detonation of an explosive
device which was part of a so—called “Hizbollah” led terrorist borcJiing and arson
campaign in Bahrain. The Government denied that any of the six individuals
arrested had suffered any physical or mental abuse or ill—treatment. The
Government informed the Special Rapporteur that all prisoners are held in humane
conditions and are afforded rights of welfare, visitation and medical care in
accordance with the law. It further stated that women prisoners are supervised
only by female prison guards and are held in a modern, purpose—built women's
prison. The Government also drew the Special Rapporteur's attention to the
ongoing programme, operating with the Government's unqualified cooperation, of
visits by the International Committee of the Red Cross. Further, the Government
informed the Special Rapporteur that any prisoner could seek domestic legal and
administrative remedies concerning treatment in detention, which none of the
individuals in the present case had sought to do.
113. By letter dated 4 January 1999, the Government responded to an urgent
action sent by the Special Rapporteur in conjunction with the Chairman-
Rapporteur of the Working Group on Arbitrary Detention on 20 Nover er 1998 (see
E/CN. 4/2000/9
page 27
E/CN.4/1999/61, para. 75) . The Government replied that five of the individuals
had been lawfully arrested and detained and subsequently released. Without
referring to their names, the Government stated that three of them had been
released on 11 October, one on 21 October and one person on 24 October 1998. The
Government denied that one of the persons named in the communication had been
arrested. The Government further denied that any of the individuals who were
arrested suffered physical or mental abuse or any other form of ill—treatment,
adding that such allegations were familiar propaganda and lacked any
credibility.
114. By a separate letter dated 4 January 1999, the Government replied to an
urgent appeal sent by the Special Rapporteur on 18 November 1998 (see
E/CN.4/1999/61, para. 73) . Without referring to their names, the Government
replied that one of the people named in the communication had been released by
the Juvenile Court on 24 October 1998, while four others were remanded at the
Juvenile Centre pursuant to orders made by the Juvenile Court under the 1976
Juveniles Law. The Government provided the Special Rapporteur with some
information about the treatment of children under the age of 15 under the
criminal law in Bahrain, including information about the Juveniles Law. The
Government stated that children are always dealt with exclusively by women
police officers and accommodated at a purpose—built Juvenile Centre staffed
entirely by women trained in child welfare and social work. At the Juvenile
Centre, children are provided educational, recreational and welfare facilities
including full follow—up and outreach services. The Government further replied
that there was no information that the remaining four persons had been arrested,
detained or otherwise held in custody, except possibly one youth with a similar
name who was being lawfully detained at a regular place of detention. The
Government denied allegations that minors were detained in “secret” locations
and stated that relatives of detainees were always told where detainees were
being held. In relation to children, the Government advised that parents of
children in custody were always notified and brought to their child immediately
upon apprehension and thereafter had regular and frequent contact with the child
and were present at all Juvenile Court proceedings. The Government also denied
allegations that persons arrested or detained by the authorities suffered
physical or mental abuse or other forms of ill—treatment. According to the
Government's reply, such treatment is unlawful under the 1976 Penal Code and
there are practical safeguards in place to ensure that such treatment does not
occur.
Observations
115. The Special Rapporteur appreciates the replies to his urgent appeals, but
regrets the absence of response to the extensive allegations transmitted on
24 Septer er 1998. He welcomes the Government's withdrawal of its reservation in
respect of article 20 of the Convention against Torture. The Special Rapporteur
regrets the Government's continuing failure to extend an invitation to him to
visit the country.
BanQladesh
ReQular communications and replies received
116. By letter dated 15 November 1999, the Special Rapporteur advised the
Government that he had received information according to which the police
routinely use physical and psychological torture and other abuse during arrests
E/CN. 4/2000/9
page 28
and interrogations. The alleged torture reportedly includes threats, beatings
and the occasional use of electric shocks. Allegedly, the Government rarely
prosecutes or punishes those responsible for the torture and a climate of
impunity allows such police abuses to continue. By way of example, it was
reported that following the arrest of several Dhaka policemen for allegedly
beating a college student to death (see para. 119 below), the Deputy
Corimissioner of the Dhaka police detective branch defended the use of physical
coercion against suspects, stating that the practice was necessary to obtain
information.
117. Prison conditions are reportedly extremely poor and life—threatening.
Official figures reportedly indicated that 123 persons died in prison in 1998
and that poor prison conditions were a contributing factor. Most prisons are
reported to be grossly overcrowded. The reported prison population of 50,000 is
said to be more than twice the official prison capacity. A May 1998 judicial
report indicated that the Dhaka central jail, with an official capacity to hold
2,190 prisoners, was in fact holding nearly 6,000 prisoners.
118. The Special Rapporteur received information on the following individual
cases surimarized below.
119. Shanim Reza Rubel was reportedly arrested on 23 July 1998 by the police
on a charge involving weapons. He was reportedly released five hours later on
the same day and admitted to the Dhaka Medical College hospital, where he died
from injuries allegedly sustained while in custody. Six policemen were
reportedly arrested in connection with his death. The Government reportedly
appointed a judge to investigate the incident and to recommend measures to
prevent a recurrence.
120. Arun Chakroboty is reported to have died on 23 January 1998 when he fell
from the roof of a five—story building. Police reportedly claimed that he fell
while trying to escape. It is alleged, however, that Chakroborty suffered some
injuries consistent with having been tortured.
121. Harun Sheikh was reportedly arrested on 4 February 1998 in Khulna.
Police, including senior officers, at the Rupsha police station allegedly beat
him severely. On 6 February a court reportedly ordered that he be released and
given medical treatment. He is reported to have died that evening. His family
reportedly filed a petition at the magistrate's court alleging that he was
murdered by the Officer-in-Charge and Assistant Sub-inspector, but no
investigation is known to have been carried out.
122. By the same letter, the Special Rapporteur reminded the Government of a
nur er of cases which were transmitted in 1994, 1995 and 1996, to which no
replies were received.
Follow—un to previously transmitted corimunications
123. By letter dated 31 May 1999, the Government responded to individual cases
sent by the Special Rapporteur on 23 September 1998 (see E/CN.4/1999/61,
paras. 80-82)
124. Concerning Sajal Chakma, Bimal Jyoti Chakma, Atul Chakma and Sama Ranjan
Chakma, the Government indicated that the allegations were unfounded. It stated
that the individuals had been involved in obstructing the free movement of the
E/CN. 4/2000/9
page 29
army by acts including putting up barricades, in relation to which a case had
been registered with the local police and was pending trial.
125. Concerning Shima Chowdhury, the Government replied that the case had been
investigated in several stages. It stated that the Intelligence Department of
the police force had filed a charge sheet against the police officers allegedly
involved. The case was then tried by a special tribunal of judges in Chittagong
and all the accused police officers had been acquitted. The Government further
stated that an appeal against the ruling had been filed in the High Court
division and was pending hearing.
126. The Government indicated that other remaining allegations transmitted
previously are being investigated and its replies to these allegations will be
transmitted in due course.
Belarus
ReQular communications and replies received
127. By letter dated 29 November 1999, the Special Rapporteur advised the
Government that he had received information according to which several
demonstrations had been violently dispersed by the police, especially anti—riot
police. In particular, the Special Rapporteur has received information on the
following incidents.
128. On 2 March 1998, mer ers of the Belarusian People's Front (BPF) , an
opposition political party, reportedly participated in an official meeting
corimemorating the signing of the Russia—Belarus Union Charter on Yakub Kolas
square in central Minsk. A nur er of men in plain—clothes reportedly started to
beat and detain BPF and Youth Front mer ers shortly after they had begun to
disperse. In particular, Vyacheslav Sivchyk, the executive secretary of BFP, was
allegedly beaten and kicked as he was lying on the ground at the time of arrest.
The following day, he was reportedly sentenced by the Minsk Central District
Court to 10 days' imprisonment for holding an unsanctioned demonstration.
Following the trial, he was reportedly taken to the Central District Remand
Centre, where he is said to have lost consciousness. He was then reportedly
taken to hospital, where he was diagnosed as suffering from severe skull and
cerebral trauma. He was discharged from the hospital and allowed to go home on
6 April 1998.
129. Irma Khalip, the editor of the weekly Belarusian language newspaper
Imya , and her father, Uladzimir Khalip, were reportedly arrested and severely
beaten on 2 April 1997 while they were attending a demonstration to protest the
signing of the Russia—Belarus Union Charter. Many demonstrators, including a
nur er of journalists, are said to have been severely beaten at the time of
arrest. Irma Khalip was allegedly beaten on her back with batons and dragged by
her hair through the lines of the riot police. Each policeman is said to have
hit and kicked her. Upon arrival at the police station, Uladzimir Khalip is said
to have lost consciousness and to have subsequently been hospitalized for
treatment, particularly for severe kidney contusion. In September 1997, he again
required hospitalization. According to the information received, doctors
informed his family that he had irreversible damage as a result of his head
injury. An official complaint was reportedly lodged with the Minsk city
procurator. Irma Khalip reportedly received notification from the procurator
that the complaint had been registered and that a criminal investigation had
E/CN. 4/2000/9
page 30
been initiated in relation to the police exceeding their authority. It is
reported that the procuracy dropped the investigation in June 1997. Another
investigation following the lodging of a complaint by the Belarusian Association
of Journalists demanding a criminal investigation was also reportedly closed.
130. Vladimir Yukho, a senior BPF mer er, was reportedly arrested on
24 February 1998 during a court hearing. Several persons who could not attend
the hearings were reportedly waiting outside the court building. He reportedly
grabbed the arm of a riot policeman who was allegedly about to push a woman down
some stairs. The policeman reportedly grabbed him and dragged him to a police
minibus with sliding doors parked nearby. According to the information received,
when he was put in the vehicle, Vladimir Yukho's hand was slammed in the door.
On the way to the police station, a senior police officer, a major and the
deputy head of the Minsk Leninsky District Police Department allegedly choked
him so severely that his neck was bruised. He was later reportedly charged with
breaching articles 166 and 167 of the Administrative Code. On 24 February 1998
he reportedly filed an official complaint with the regional prosecutor. On
9 April, he was reportedly fined 5 million rubles by the Minsk Leninsky District
Court for participating in an unauthorized demonstration and for resisting
arrest.
131. On 17 October 1999, a coalition of opposition political parties and non-
governmental organizations are said to have organized a rally in central Minsk
calling for democracy, freedom of speech and Belarusian independence. A deep
cordon of special riot police (“OMON”) in helmets and blue camouflage uniforms
and equipped with shields and clubs, reportedly blocked the street. According to
the information received, a dozen riot policemen then started to beat the
demonstrators, who reportedly began to pelt these officers with stones which
happened to be lying at the nearby construction site. Some demonstrators were
reportedly arrested and taken back to the police line where they were allegedly
severely beaten and kicked. Around 90 demonstrators were subsequently taken into
police custody, where they were allegedly beaten. Detainees were reportedly
forced to stand with their legs and arms apart and were severely beaten and
kicked by OMON officers with night sticks. Women were reportedly threatened with
rape. Volodya Chernaev, a Social Democratic Party activist, is said to have been
arrested and to have been taken to the Partizanzky police station. During the
transfer, he and others who had been arrested at the same time were allegedly
punched and beaten with night sticks. They were also allegedly threatened with
being taken to the forest where they would be killed. Some of the people
detained are said to have filed complaints with their district prosecutors.
UrQent a inieals and replies received
132. On 10 March 1999, the Special Rapporteur sent a joint urgent appeal in
conjunction with the Special Rapporteur on the promotion and protection of the
right to freedom of expression and opinion on behalf of Viktor Gonchar, an
opposition leader who reportedly suffered a heart attack in prison on 5 March
1999. The prison authorities have allegedly refused to hospitalize him. He was
reportedly being forcibly fed by prison officials, having commenced a hunger
strike just after he was sentenced on 1 March 1999, in order to protest his
imprisonment. He and 15 other mer ers of the opposition were reportedly detained
on 25 February 1999 during a peaceful meeting in a café. On 15 March 1999, the
Special Rapporteur received further information, according to which he was
released on 11 March 1999.
E/CN. 4/2000/9
page 31
133. The Government replied on 27 April 1999 that Viktor Gonchar had been
placed in administrative detention for 10 days in a special holding facility,
pursuant to the Administrative Offences Code, after attending a gathering on
25 February 1999 for which no authorization had been issued by the Minsk City
Executive Committee. With respect to his time in detention, the Government
stated that he was kept under constant medical supervision on account of his
health. The Government informed the Special Rapporteur that any reports of
police irregularities had no basis in fact.
Brazil
ReQular communications and replies received
134. By letter dated 17 November 1999, the Special Rapporteur advised the
Government that he continued to receive information concerning cases of
brutality in prisons. Based on a recent report on the situation in Brazilian
prisons, it was alleged that even though internal legislation might provide
adequate provisions to safeguard detainees' human rights, a corcJiination of
corruption, lack of professional training for prison guards, and lack of
official guidelines and effective monitoring of abuses, had prompted an on—going
crisis in the penitentiary system.
135. Prisoner—on—prisoner violence is reported to be a serious problem.
Prisoners are said to be at risk for a nur er of reasons, including drug—related
prison debts, gang rivalries and the types of crimes prisoners corimitted. On
29 May 1998 a fight reportedly broke out between rival gangs of prisoners in the
Barreto Campelo maximum security prison in Pernambuco, allegedly leaving
22 prisoners dead and 13 prisoners injured. Those targeted had allegedly
corimitted homicide, robbery and rape in the prison. A similar incident two days
earlier had left three prisoners dead and 20 injured. The State Secretary of
Justice is said to have later blamed the violence on overcrowding and under—
staffing in prisons.
136. Torture is also said to be used as a punishment by prison officers.
Prison officers allegedly apply illegal collective “punishments”, most commonly
by stripping, beating and humiliating prisoners, destroying or contaminating
their food, denying them access to food, or terminating or restricting visits.
137. The Special Rapporteur has received information on the following cases.
138. On 24 Decer er 1997 a fight reportedly occurred between prisoners in the
Céu Azul wing of the men's penitentiary in Manaus and the kitchen “trustees”,
who had allegedly previously beaten prisoners with the acquiescence of the
prison governor. The civil police riot squad, which was reportedly called in to
end the disturbance, allegedly took the prisoners to the prison football pitch.
After being stripped naked, they were allegedly forced to crawl through filth
from a sewage outlet, while the prison officers beat them with truncheons and
kicked them in the ribs. They allegedly had to shuffle on their knees back to
the prison building. They were also allegedly beaten in the following months by
police riot troops. It is alleged that prisoners were dragged out of their
cells, stripped naked and forced to kneel down and beat each other, as well as
being forced to insert fingers into a fellow prisoner's anus.
139. In February 1998, members of a civil police Special Armed Unit for the
Prevention of Robbery reportedly entered Depatri prison in São Paolo and
E/CN. 4/2000/9
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allegedly beat many of the prisoners, causing them welts, lacerations, bruising
and broken bones. This unit had allegedly raided the jail at night on a weekly
basis, masked and armed, firing shots into the cells, destroying personal
effects, ordering prisoners to strip and inflicting torture such as “Russian
roulette”, in which a revolver allegedly containing a single bullet is fired at
a prisoner's head, and the “telephone call”, in which a prisoners ears are
reportedly struck between the police officer's hands, causing intense pain.
After complaints by human rights groups, the Forensice Medical Institute
reportedly recorded the injuries of around 130 prisoners and a police
investigation was ordered.
140. On 12 January 1997, 80 women prisoners were allegedly beaten by male
civil and military police officers during a protest in the Santa Rosa de Viterbo
prison in Altinópolis, São Paolo, after an inmate was allegedly refused
permission to attend her grandson's funeral. One woman suffered a miscarriage as
a result of the beatings, another sustained a broken arm and another required
10 stitches to her head. On 11 March 1997, women in the Women's Penitentiary in
São Paolo were also allegedly beaten by male prison officers. At least 15 were
reported to have suffered injuries.
141. The Special Rapporteur received information according to which the São
Paulo state police or udsman received 696 complaints from January to September
1998 alleging torture, abuse or mistreatment. The ombudsman reportedly stated
that that number represented only a fraction of such acts that were actually
corimitted. In June 1998, an inquiry into the allegedly systematic torture of
prisoners in January and February 1998 was reportedly instigated by the civil
police in São Paulo. The findings of the inquiry were that, of a total of
350 prisoners held in a detention facility, 107 persons showed evidence of
systematic beatings resulting in broken arms, legs, fingers and jaws. The civil
police reportedly dismissed four officers as a result of the investigation.
142. It is also reported that on 15 June 1998, the Federal District dismissed
a police officer and charged him with torture for beating a prisoner who had
been detained for a traffic violation. This was reportedly the first case
brought under 1997 federal legislation prohibiting torture.
143. The Special Rapporteur also transmitted the following individual cases.
144. Octavio dos Santos Filho reportedly died in a police lock—up in São Paulo
on 13 October 1997. Nineteen fellow inmates claim that police and prison
officers repeatedly beat him and slammed his head against the metal bars and
walls of the cell. Over the course of several days, police officers took him on
more than one occasion to the nearest hospital to have his injuries treated, and
allegedly further ill—treated him en route. After a severe beating on 9 October,
he was left alone, pleading for medical help. When police finally took him to
the health post, four days later, he was already dead.
145. Rosana Lage Ligero and Marilu Josu Silva Barbosa, two women who had been
living openly as a lesbian couple, were reportedly arrested in June 1996, after
an alleged partial investigation, by the local police in Jaboatão dos
Guararapes, Pernar uco. Although the police claimed to have a judicial order for
the women's arrest, such an order was only issued two days after the women had
entered police custody. While in custody, the two women were allegedly beaten
with a rubber whip and threatened with rape. They were also verbally abused for
their lesbianism. The two police officers conducting the interrogation forced
E/CN. 4/2000/9
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each woman to perform oral sex on them with the intention of showing them “what
they were missing by not having sex with men”. They were transferred to several
detention centres and eventually moved to a prison where they remained
incarcerated for 11 months. The women agreed to being examined by the state's
Legal Medical Office, which corroborated the physical injuries they had
sustained as a result of the police beatings. Following a public hearing in
1997, a judge ordered their release on a temporary basis. Despite the evidence
of police misconduct, they have reportedly been awaiting a review of their case
by the Supreme Court of Brezil for two years. They have insistently and
unsuccessfully petitioned the Ministry of Justice for a full and impartial
investigation into the wrongful charges, as well as into the police brutality
and torture.
146. Deilson Santana, a suspect in the brutal killing of an 18—year—old
student in an affluent neighbourhood of Rio de Janeiro, was allegedly tortured
by police in May 1998.
147. Elcio Oliviera Lima reportedly died of heat prostration in an overcrowded
local jail in the Santa Cruz neighbourhood of Rio de Janeiro in February 1998.
A police officer on duty reportedly told the press that the temperature in the
jail cells routinely reached 115 degrees Fahrenheit. Guards also reported that
there was a constant shortage of water in the jail and that Lima was detained
with 13 other prisoners in a 4.5 foot by 9.5 foot cell with an official capacity
of seven persons.
148. George de Assis and Guilherme Henrique were reportedly arrested on 8 June
1998 and taken to the Theft and Robbery police station in E do Horizonte, Minas
Gerais, where they were allegedly tortured. The authorities are reported to have
claimed that they were transferred to the prison in Ribeirao das Neves and then
released. Their families were reportedly informed by a police officer that they
had died.
149. Edson Soares da Silva, a tetraplegic, is said to have died on 1 June 1997
after his state of health had progressively deteriorated during his period of
detention. He had reportedly never been transferred to a public hospital.
150. Jorge Natale was reportedly arrested on 10 November 1998 and taken to the
Theft and Robbery police station in E do Horizonte for questioning about a
break—in. He was allegedly taken to a sort of bathroom where he was stripped
naked. Civil police officers, including the station chief, tied his arms and
legs and hung him from a metal pole over a trestle. They then allegedly took a
piece of rubber tied to a stick and beat him on the soles of his feet and on his
head. They allegedly also applied electric shocks to his scrotum, buttocks,
ribs, head, chest and arms. He reportedly made a deposition to the police
ombudsman's office.
151. Claudio Orlando dos Santos, an AIDS activist from southern Brazil and
President of the Florianópolis Association for the Defence of Homosexual Rights
in Santa Catarina, was allegedly beaten up and verbally harassed by
Florianópolis military police officers on 24 May 1994. He was reportedly beaten
while distributing condoms to the travestites in Capoeiras neighbourhood,
Florianópolis, on behalf of the Santa Catarina health authority. He was first
harassed by a police officer and called from a public telephone the Captain of
the Military Police, the Coordinator of Centro de OperaçOes da Policia Militar
(COPOM) , to report what had happened. It is then reported that the military
E/CN. 4/2000/9
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police officers returned and beat and kicked him. After he lost consciousness,
he was reportedly handcuffed and moved, in the boot of a military police
vehicle, to the 8th Civil Police Precinct, where he was allegedly beaten again
and insulted. A civil police officer who is said to have witnessed his ill—
treatment, reportedly did nothing to prevent what was happening. The military
police allegedly initially prevented him from making a formal complaint.
However, he was reportedly later released and filed a complaint against the
military police. At that time, he was already beginning to develop full-blown
AIDS and was subsequently admitted to hospital with severe gastroenteritis,
possibly brought on by being ill-treated by the police. He reportedly remained
in hospital until his death on 3 November 1994. The police inquiry is said to
have been closed because of lack of evidence and no one was ever charged.
152. By the same letter, the Special Rapporteur reminded the Government of a
nur er of cases transmitted in 1997 and 1998 regarding which no reply had been
received.
Follow—un to previously transmitted corimunications
153. By letter dated 30 November 1999 the Government replied to information
transmitted by the Special Rapporteur on 5 Nover er 1998 involving a 17—year—old
boy, Magnaldo de Aguiar, allegedly dumped into a vat of chemicals in February
1997 by police in Pernar uco (see E/CN.4/1999/61, para. 87) . The Government
replied that a military police inquiry had recorimended that a number of members
of the military police, including a major, a lieutenant, a second class
lieutenant and a number of soldiers, should be indicted. The Government stated
that the General Command of the Military Police of the state of Pernambuco had
adopted the findings of the inquiry and had commenced legal proceedings. The
Government reiterated its commitment that the case against the above individuals
would be undertaken with full regard for due process and in accordance with the
law. The Government advised that the Secretary for Public Security of Pernar uco
had received a copy of the depositions made by the indicted mer ers of the
military, with a view to investigating the potential responsibility of the owner
of the company at which the chemical vat which allegedly caused the injuries was
found. The Government further advised that Magnaldo de Aguiar had received
intense medical treatment, including 39 days at the Hospital da Restauração
during which time he underwent plastic surgery to replace skin in the lower part
of his body. He had also been treated by a physiotherapist who initially
reported that he had limited movement, but he has subsequently recovered his
capacity for movement.
154. By letter dated 7 Decer er 1999, the Government replied to information
transmitted on 5 November 1998 concerning inmates at the Masmorra—Dungeon
Pavillion 4 House of Detention, Carandiru in São Paulo (see E/CN.4/1999/61,
para. 91) . The Government indicated that the Secretary for Penitenciary
Administration of São Paulo was of the view that problems at the above detention
facility were provoked by the dimensions of the facility and overcrowding. The
Government indicated that those two problems had been overcome by dismantling
the facility and establishing 21 new detention facilities in São Paulo, some of
which hade already been built pursuant to a cooperation agreement signed by the
state authorities and the Federal Ministry of Justice. In relation to the
incident on 24 January 1998, the Government replied that an Inquiry Commission
was established by the Secretary for Penitenciary Administration to investigate
the facts and determine responsibility for the alleged torture; it was being
presided over by the State Attorney. The Commission accepted the allegations of
E/CN. 4/2000/9
page 35
prisoners being subjected to bad treatment, beatings and humiliation by a group
of 15 prison guards during a riot in the Pavillion, which was provoked by
fighting amongst prisoners using hand made arms. The Government stated that the
prisoners identified only two guards as their alleged aggressors: the Chief of
Discipline for Pavillion 4 and the officer responsible for vigilance in the same
pavillion. It replied that based on the Commission's conclusions, an
administrative process had been established as a prior step to the penal
procedure.
155. By further letter dated 7 December 1999, the Government replied to two
cases transmitted by the Special Rapporteur on 26 May 1997 (see
E/CN.4/1998/38/Add.1, paras. 31-32) . Concerning José Wilson Pinheiro da Silva,
the Government replied that the Secretary for Public Security and Defence of
Citizenship of the state of Ceará had advised that he was arrested on 15 August
1996 on account of drunken and violent behaviour and brought to the 5th Federal
police station in Fortaleza. At the station, the Government replied, he was put
into a cell where he was agressed by another detainee who inflicted on him the
injuries mentioned in the letter. The Government stated that the police
authorities had provided him with medical assistance and corimenced a police
inquiry against the aggressor.
156. Concerning Ivanildo Sampaio de Souza, the Government replied that he was
found dead in a cell at the Federal Police Office in Fortaleza on 25 October
1995. He had been arrested the previous day for illegal possession of drugs, and
after an initial deposition was taken, he was brought to the cell where his body
was later found. A medical examination indicated that he had been subjected to
torture, which affected many of his vital organs. A subsequent police inquiry
established the responsibility of the police officers who were responsible for
the station that day. Based on these findings, the Federal Public Prosecution
Service accused seven police officers and the police station chief of homicide.
The officers and chief were temporarily removed from the Federal Police until
the case was heard by the Ministry of Justice. Two of the officers were expelled
from office by an administrative process (No. 001/96) . The same administrative
process concluded that the other policemen were not guilty. The Government
further replied that the police inquiry also made possible the establishment of
criminal proceedings at the Third Federal Court in Ceará, in which due process
would be applied. The Government stated that due to its formal acknowledgement
of its objective responsibility for the death of Ivanildo Sampaio de Souza, the
President has sent to the National Congress a proposal to grant a permanent
monthly pension to his widow and children, which was approved by Congress on
12 Septer er 1996.
157. By letter dated 13 December 1999, the Government replied to information
corimunicated to it on 5 November 1998 regarding reportedly harsh conditions in
prisons (see E/CN.4/1999/61, para. 89) . The Government informed the Special
Rapporteur on recent measures taken to improve recognized deficiencies in the
prison system. These measures include increasing the physical capacity of the
penal system through the reform and enlargement of existing detention
facilities, as well as the construction of 52 new prisons, all as part of the
Ministry of Justice's “zero deficit” initiative. In relation to training law
enforcement officials, the Government indicated that this is an area which is
receiving special attention, and that it has been exploring possible avenues for
international cooperation as a result. The Government further informed the
Special Rapporteur of the adoption of a law allowing judges to impose
alternative sanctions that could help further the reintegration of detainees
E/CN. 4/2000/9
page 36
into society, as well as of treaties negotiated by the Government with third
countries allowing the transfer of foreign prisoners to their State of origin.
The Ministry of Justice has also launched a project called “Collective action
for penal execution”, which establishes prison visits by public defenders
charged with assisting poor detainees. In relation to improving health
conditions in prisons, the Government indicated that the Ministry of Foreign
Affairs and the Ministry of Justice had jointly created a commission to plan a
comprehensive programme of prevention and treatment of sexually transmitted
diseases among detainees.
BulQaria
UrQent a inieals and replies received
158. On 22 March 1999, the Special Rapporteur sent an urgent appeal on behalf
of Borislav Goutzanov, who had reportedly been detained at the Varna pre—trial
detention centre since 19 January 1999. He was said to be detained in an
unheated cell, to have to sleep on the floor and to be suffering from pneumonia.
He was reportedly denied medical treatment.
Burundi
ReQular communications and replies received
159. By letter dated 3 September 1999, the Special Rapporteur was informed
that torture and ill—treatment are still widespread, particularly in police
stations, for the purpose of extracting confessions. The methods used included
beatings on the soles of the feet, genitals, knees and elbows with electric
cables, truncheons and other objects; electric shock; scalding with boiling
water; uncomfortable or humiliating positions and death threats, sometimes with
mock executions. No investigation has ever been made of such allegations, and
the courts reportedly accept confessions obtained through torture. The Security
Police and the Special Investigation Brigade are allegedly at the root of many
cases of torture, yet governmental, judicial and police authorities refuse to
admit that such cases occur.
160. The Special Rapporteur has also received information on inhuman and
degrading detention conditions. The main problem appears to be overcrowding:
some prisons such as those at Ngozi, Gitega and Mpimba reportedly house three to
five times the nur er of detainees envisaged. More than 200 individuals
allegedly died from January to April 1998 at Ngozi prison in the north as a
result of malnutrition, overcrowding and lack of hygiene. Communicable diseases
are very common. No means of subsistence are provided to the detainees. Many of
them need medical care. Lieutenant Colonel Pascal Ntako, accused of taking part
in a coup against President Buyoya, allegedly died in Muyinga prison around
11 May 1997 for lack of medical care.
161. Finally, the Special Rapporteur has been informed that rape is regularly
practiced by members of the military. No steps to prevent such acts or to remedy
their effects have been taken.
162. The Special Rapporteur has likewise received information on the following
cases.
E/CN. 4/2000/9
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163. Jean Minani was allegedly accused of killing a former mayor of Bujumbura
and arrested in March 1995. He was reportedly interrogated in the Special
Investigation Brigade, where he was violently beaten and ultimately confessed to
the crime of which he was accused. He reportedly complained of this ill—
treatment to the public prosecutor in August 1995. He was acquitted in October
1998 after his lawyer demonstrated that his confession had been obtained under
torture. Eleven other persons detained in connection with the same incident were
also beaten.
164. Etienne Mvuyekure, a former secretary—general of an opposition party, the
Rasser lement du Peuple Burundais, was allegedly arrested on 2 November 1997 and
executed shortly thereafter. He was reportedly arrested in the Rweza region,
Kavumu Hill, BujurcJiura, by a commander of the Muyira military zone. He is said
to have been beaten violently at the time of his arrest and then taken to the
barracks known as Para. Battalion. No investigation has been carried out to
date.
165. Captain Protais Nzeyimana was allegedly arrested without a warrant on
8 March 1997 at Ijenda by the corimander of the military brigade there. He was
reportedly detained for five days. During his interrogation, he was beaten and
threatened with death. He was then transferred to the National Documentation
service and kept in solitary confinement. He was reportedly interrogated there
several times by a military commission and beaten with various objects,
including truncheons.
166. Djamali Nsabimana was allegedly condemned to death on 12 February 1998
after being found guilty of planting mines in BujurcJDura in March 1997, even
though he stated he was tortured on several occasions in the military barracks
of Bujumbura while being interrogated in the first three days after his arrest.
He is reported to have been violently beaten on the head, back, legs and soles
of the feet using machetes, rods and bayonets. He was allegedly stabbed above
the knee and threatened with amputation of his legs if he did not confess his
crimes. Finally, he was reportedly subjected to electric shock to the fingers
and genitals. After three days of torture, he allegedly signed a confession.
During his trial before the BujurcJiura Court of Appeals, he showed the marks of
the treatment to which he had been subjected. The presiding judge nevertheless
refused to order an investigation and based part of his ruling on the fact that,
when Djamali Nsabimana first saw a judge, he had not complained of ill—
treatment.
167. On 31 August 1998, Appolinaire Nsengiyuma, Salvatore Nsavyimana and Serge
Bizimana were allegedly arrested at their homes, in the Kinama and Kamenge
sectors of Bujumbura, by soldiers accompanied by civilians. They were accused of
involvement in opposition groups. All three were reportedly mistreated in the
barracks of the Kamenge Third Operational Battalion. Appolinaire Nsengiyuma and
Salvatore Nsavyimana were subsequently hospitalized around 9 September. Serge
Bizimana, who suffered serious head injuries, was transferred to the Special
Investigation Brigade on 12 September.
168. Pascal Ntihabose, a mer er of the Front for Democracy in Burundi, was
allegedly arrested in BujurcJiura after accusing a soldier of having ties with
armed opposition groups. He was reportedly beaten at the time of his arrest and
detained for several weeks by the security police at Kigobe in Bujumbura before
being transferred to prison.
E/CN. 4/2000/9
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UrQent a inieals and replies received
169. On 13 July 1999, the Special Rapporteur sent an urgent appeal jointly
with the Special Rapporteur on extrajudicial, summary or arbitrary executions on
behalf of Léonidas Hatungimana, Djamali Nsabimana, Ismail Hussein, Haruna
Hamadi, Bosco Nyandwi, Saldi Nzanzurwimo and Pierre Nkurunziza, who were
allegedly condemned to death in February 1998 by the Bujumbura Court of Appeals.
They were reportedly indicted in connection with mine explosions in Bujumbura
in 1997. In order to extract incriminating confessions from them, they were
allegedly tortured. During their trial, the marks of the ill-treatment to which
they had been subjected were clearly visible but, it is said, this fact was not
brought up during the trial. The rulings were upheld on 29 March 1999 by the
Cassation Chamber of the BujurcJiura Supreme Court. The seven people mentioned
above are currently detained in apparently overcrowded punishment cells in the
Mpimba central prison at BujurcJiura.
170. On 5 October 1999, the Special Rapporteur sent an urgent appeal on behalf
of Déo Nzeyimana and his wife, Georgette Mpawenimana, who have allegedly been
detained in the Special Investigation Brigade of BujurcJiura since 26 September
1999 and are being deprived of food in order to punish them and obtain
confessions. Georgette Mpawenimana, who is involved in a corimunity
reconstruction project financed by Switzerland and France, is reportedly accused
of having links to the armed opposition. Both are allegedly mer ers of the Front
for Democracy in Burundi. In addition, Déo Nzeyimana was struck on the soles of
the feet.
Cameroon
ReQular communications and replies received
171. By letter dated 8 Nover er 1999, the Special Rapporteur reminded the
Government of a number of cases transmitted in 1998 regarding which no response
had been received.
UrQent a inieals and replies received
172. On 2 June 1999, the Special Rapporteur sent an urgent appeal on behalf of
Abdoulaye Math, a lawyer, Semdu Soelay and the members of the Movement for the
Defence of Human Rights and Freedoms (MDDHL) of Maroua, whom he had met on
17 May 1999 during his fact-finding mission to Cameroon. At that time they gave
him information on an anti—gang unit based at Maroua and headed by Colonel Pom.
On 28 May 1999, it is reported, several members of the anti—gang unit got out of
three trucks and, under Colonel Pom's direction, surrounded the house of
Mr. Math, who had taken refuge with a neighbour. The units were reportedly
posted in sniper position around Mr. Math's house all night. On the night of
29 May 1999, the units allegedly took up the same position around the house of
Mr. Math's associate, Semdu Soelay. Fearing for his life, Mr. Math fled to
Yaoundé, where he was to be joined by Semdu Soelay. According to the information
received, the police are searching for them in various hotels in that city.
173. On 26 Nover er 1999, the Special Rapporteur sent an urgent appeal jointly
with the Special Rapporteur on extrajudicial, summary or arbitrary executions on
behalf of Tchar ou, a member of the MDDHL of Maroua, who was allegedly arrested
on the morning of 21 November 1999 by police officers and members of the anti—
gang brigade. He was detained at the police station before being transferred
E/CN. 4/2000/9
page 39
that afternoon to the anti—gang detention centre at Palar, where he has since
reportedly been held incommunicado. The reasons for his arrest are not known but
would appear to be connected to his activities as a human rights defender.
Follow—un to previously transmitted corimunications
174. By letter dated 7 April 1999, the Government replied to the urgent appeal
sent by the Special Rapporteur on 11 Nover er 1997 (see E/CN.4/1998/38/Add.1,
para. 48) concerning mer ers of the Social Democratic Front. According to the
Government, Thomas Fefe and Justin Fokan were arrested on 8 October 1997, while
distributing pamphlets calling on the population to boycott the elections, and
were taken to central police headquarters, from which they were released after
12 days of preventive detention. The Government denied the allegations of
torture.
175. By letter dated 8 April 1999, the Government replied to an urgent appeal
transmitted by the Special Rapporteur on 9 Decer er 1998 (see E/CN.4/1999/61,
para. 105) on behalf of Michel Michaut Moussala. It confirmed that he had been
convicted on 13 January 1998 of dissemination of false information and
defamation. The ruling was appealed by the accused, who has been provisionally
released while the substance of the case is being considered. The Government
indicated that Michel Moussala regularly received the necessary medical
treatment during his stay in prison and that his physical or mental integrity
has not been violated.
Observations
176. The findings of the Special Rapporteur on his visit to Cameroon, which
fully justify the concern of the Human Rights Committee “about the continued
practice of torture” (CCPR/C/79/Add.116, para. 20), may be found in Addendum 2
to the present report.
Chad
ReQular communications and replies received
177. By letter dated 3 September 1999 sent jointly with the Special Rapporteur
on the promotion and protection of the right to freedom of expression and
opinion, the Special Rapporteur informed the Government that he had received
information on the following case.
178. Sosthène Ngargoune, president of the Chadian Journalists' Union, was
allegedly beaten by members of the Armed Forces of the Federal Republic (FARF)
when they joined State security force members he was interviewing on 25 October
1997 at the Moundou police station. He was reportedly threatened with death and
accused of having ties to the leader of the FARF. His photographic equipment and
recording device were confiscated. He had already been arrested on 14 May 1998
and accused of defamation and calumny following the publication in his
newspaper, N'Djamena Hebd , of an article in which he described mer ers of the
military as highway robbers who enjoyed the complicity of the local
administration and in which he denounced extrajudicial executions. He was freed
on 12 June 1998.
E/CN. 4/2000/9
page 40
179. By letter dated 8 Nover er 1999, the Special Rapporteur reminded the
Government of a number of cases transmitted in May 1997 regarding which no reply
had been received.
UrQent a inieals and replies received
180. On 16 August 1999, the Special Rapporteur sent an urgent appeal on behalf
of Souleymane Garfa and AhmadaI Sabre, who are allegedly mer ers of the National
Alliance for Resistance (ANR) , an armed opposition group. They were reportedly
arrested at El Djenenah in Sudan on 27 July 1999 and deported around 3 August
1999. They are currently being detained by the commander of the Second Military
region at Adre.
Chile
ReQular communications and replies received
181. By letter dated 8 October 1999, the Special Rapporteur transmitted to the
Government information on the following cases.
182. Marcelo Gaete Mancilla, Ramón Escobar Diaz, Patricio Gallardo Trujillo,
Renü Daniel Salfate Osorio, Marcos Andrade Sanchez, Jaime Pinto Angloni,
Guillermo Ossandón Canas, Pedro Rosas and 46 other political prisoners were
subjected to torture and ill—treatment, according to the information received
and described below. On 5 February 1999, following an incident involving an
inmate, José Luis Medina, and a guard in the Colina I high—security prison, a
confrontation occurred, leading the prison staff to fire small—calibre bullets
and tear gas at the other prisoners in Mr. Medina's block. A guard is said to
have hit prisoner Marcelo Gaete Mancilla in the head with a tear gas bor and he
was carried away, unconscious, by two other prisoners. As a repressive measure,
the cells in block J were opened up and the prisoners were awakened with tear
gas, handcuffed and subjected to death threats. They were dragged from their
cells and members of the Special Prison Anti—Riot Brigade formed a “dark alley”
(lines making a corridor through which prisoners were kicked, punched and beaten
with sticks) . An electric rod was used on prisoner Ramón Escobar, while
Guillermo Ossandón Canas was thrown down ten steps, sustaining corporal
contusions, facial bruises and broken eyewear. Outside in the courtyard, the
prisoners were forced to drop to the ground in the foetal position; they were
again sprayed with tear gas and subjected to more beatings. They were then
handcuffed: Mr. Pinto Angloni has the resulting scars. Mr. Andrade Sanchez and
Mr. Gallardo Trujillo were allegedly held underwater in a plastic garden pool
using the torture technique known as “submarine”. One of Mr. Rosas' arms was
reportedly burnt with a cigarette butt. In the two hours the prisoners spent in
the courtyard, they were able to identify Colonel Edmundo Letelier and
Lieutenant Salcedo. A “dark alley” was once again formed, the prisoners again
being subjected to the ill-treatment described above, and they were headed
towards trucks, in which the majority was transferred to Colina II prison. Upon
their arrival, anti-riot personnel again put them through the “dark alley”
treatment. Mr. Salfate Osorio, who was transferred to a prison in the town of
Antofagasta, was beaten, blindfolded and kept tied up for over six hours. The
lawyers for the persons detained in Colina II were not allowed in until
8 February 1999. Relatives and independent medical staff were denied access. The
prisoners were reportedly examined by three police physicians; they recognized
one known as Chiquito, who reportedly certified their injuries. The chairman of
the Chilean Human Rights Committee, Jaime Castillo Velasco, was allowed in and
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publicly attested to the injuries. On 12 February, an appeals court prosecutor,
Raül Rocha, entered the prison, accompanied by two forensic scientists who
corroborated the facts. A criminal court judge was assigned to the prison. The
Director of the National Prison Service, Hugo Espinoza, the superintendent of
high security units, Edmundo Letelier, Lieutenant Saldivia and those responsible
for the crime of torture were indicted on two criminal charges. The appointment
of the above—mentioned appeals court prosecutor was requested, but the
appointment of an inspecting magistrate was refused. An application for the
remedy of protection was made against the Director of the National Prison
Service for denying entry to judicial prosecutors, and other applications for
protection and am aro were lodged by relatives of the prisoners. In February
1999, a ruling was handed down on the applications for am aro and protection; it
was made public in June 1999. In the operative portion, the Court of Appeals
acknowledged that the measures applied by the Chilean prison staff entailed
“extreme repression” and caused “considerable injury, deviating from the
procedures authorized by the regulations”. It concluded that “the conduct of the
guards constituted an illegal and arbitrary action jeopardizing the right to
life and physical integrity”. The Chilean Prison Service reportedly appealed the
ruling in June 1999.
183. The Special Rapporteur has also received information on violent acts by
carabineros that have caused a number of deaths and serious injuries during
public demonstrations. In this context, his attention has been drawn to the
following cases.
184. On 19 May 1999, during the days of student demonstrations in the city of
Arica, carabineros in the Special Forces Unit made a violent entry into the
headquarters in Santiago of the Christian Churches Social Aid Foundation
(FASIC), a body devoted to the defence and promotion of human rights. The
purpose was the unauthorized detention of three university students. FASIC's
Executive Secretary, Claudio Gonzalez, was reportedly hit, kicked and shoved by
the carabineros when he attempted to stop them from beating the students. FASIC
has submitted a complaint for breaking and entering and physical assault on
persons in its headquarters to the Under—Secretary of the Interior, the police
station concerned and the Second Military Prosecutor's Office.
185. Ulises Coque Roa, Miguel Alejandro Vergara Contreras and Sebastian
Sanchez Vera, students at the University of Tarapacá, were reportedly beaten by
carabineros on 1 June 1999 at the Ministry of Education. The events are said to
have occurred while the students were participating in a peaceful demonstration.
Three officers of the Carabineros Special Forces Unit allegedly punched and
kicked Mr. Coque Roa, Mr. Vergara Contreras and Mr. Sanchez Vera when they were
in the entryway of the Ministry of Education, with no attendant provocation by
the students. Orlando Soto, representative of the students' federation,
reportedly asked the officers involved to identify themselves. A captain from
Santiago Police Station No. 1 who gave his surname as Rivero reportedly arrived
minutes later and said the officers were not on his staff. He is said to have
called the captain of the Carabineros Special Forces Unit, whose name is said to
be Aldo Vidal Villegas, who ordered the officers to withdraw. They allegedly did
leave the ministry building, while hiding their badges. The three students went
for emergency treatment to El Salvador hospital, where their injuries were
certified. They have brought criminal charges for the crime of torture.
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UrQent a inieals and replies received
186. On 23 March 1999, the Special Rapporteur transmitted an urgent appeal
concerning Dante Ramirez Soto, an inmate at the high security prison, who
urgently needed proper medical treatment. He and other inmates were reportedly
subjected to torture during an altercation on 5 March 1999 between detainees and
anti-riot personnel at the Colina I high security prison and the subsequent
transfer of the majority of the inmates involved in the altercation to
Colina II. Mr. Ramirez Soto, who was allegedly suffering from the severe after-
effects of gunshot wounds sustained in December 1997, was reportedly punched and
kicked at the precise locations of his earlier injuries, especially the head,
and his arm was trampled upon. He was also allegedly sprayed with tear gas. He
was transferred to the penitentiary hospital but is reportedly not receiving
adequate medical treatment, nor is access permitted to a physician from outside
the prison. By letter dated 31 May 1999, the Government replied to this urgent
appeal.
187. Concerning Dante Ramirez Soto, the Government indicated that he was
treated for injuries received when he confronted police officers with a firearm
during his apprehension by internal and external staff and after taking part in
a hunger strike. He is currently awaiting surgery for the after—effects of
injuries sustained during his apprehension and is under preventive detention by
order of the Sixth Military Prosecutor's Office of Santiago which, in case
No. 1191—97, is prosecuting him for infringement of Act No. 17798 on weapons
control.
188. Concerning Omar Hermosilla Mann, he is in preventive custody by order of
the Fourth and Sixth Military Prosecutor's Offices which, in cases 94—97 and
321—96, are prosecuting him for infringement of Act No. 18314. He is accused of
belonging to a terrorist group and attacking carabineros. In case No. 44465—PL,
he has been sentenced for robbery to five years and one day. During his transfer
from the high security prison to the Colina penitentiary centre, he was
accompanied by paramedical staff who carried out a general examination of all
inmates after arrival at the centre. He is currently undergoing physical therapy
and is in stable condition with no serious abnormalities.
189. Concerning Pablo Contreras Olivos, the Government indicated that he has
been placed in preventive detention by the Second and Fourth Military
Prosecutor's Offices in cases Nos. 406—98, 140—98 and 94—97. He is accused of
belonging to an armed combat group, stealing war materiel, illicit association
and infraction of Act No. 17798. The Government indicated that paramedical staff
were present during his transfer but he refused to be examined by prison
physicians or forensic medical technicians, a fact which was communicated to the
competent court.
190. On 23 March 1999, the Special Rapporteur transmitted an urgent appeal
concerning Omar Hermosilla Mann and Pablo Contreras Olivos, prisoners
transferred on 6 February 1999 to the Colina II high security prison together
with 50 other inmates. Mr. Hermosilla Mann was reportedly hit in the head on
8 March 1999 by prison staff. Mr. Contreras Olivos is said to have been
subjected to torture the same day. Both had definite physical after—effects that
required urgent medical treatment.
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Follow—un to previously transmitted corimunications
191. On 25 April 1997, the Special Rapporteur sent an urgent appeal on behalf
of Johnny Perez Torres, AndrCs Serrano Leiva, Dagoberto Contreras Llanes and
Guillermo Saavedra Aguilera, who were reportedly arrested and tortured in early
April 1997 (see E/CN.4/1998/38/Add.1, para. 66) . By letter dated 29 July 1997,
the Government indicated that the case was in pre—trial proceedings closed to
the public. Owing to the nature of the offences, the investigation was being
carried out by both military and ordinary courts. An inspecting magistrate had
been assigned to the investigation and the Under—Secretary of War had requested
the State Defence Counselor to participate in the proceedings with a view to
expediting them. For the above reasons, the Under-Secretary indicated that the
entire proceedings were being carried out in accordance with the law, the rights
of the accused were being upheld and no complaints of mistreatment had been
lodged with the courts.
192. By letters dated 22 Septer er 1997 and 29 October 1998, the Special
Rapporteur transmitted to the Government information on alleged cases of torture
in Chile. By letter dated 12 May 1998, the Government replied to the Special
Rapporteur, giving the information outlined below.
193. Elvis Arturo Valdés Henriquez is reported to have been arrested and
tortured on 17 February 1996 by plain-clothes police officers. They allegedly
burst into his mother's apartment and beat her and Rodrigo Valdés Henriquez, a
disabled person. After being transferred to the Renca barracks, he was allegedly
beaten and had to be taken to the Colina treatment centre, where he was
reportedly found to have numerous injuries (see E/CN.4/98/38/Add.1, para. 65)
According to the Government, Mr. Valdés Henriquez was arrested together with two
other persons by detectives of Renca Investigative Police Station No. 10 while
trying to flee with other individuals who had allegedly attacked the detectives
with knives, stones, sticks and other objects. A detective was injured as a
result of the incident. Because of the struggles that occurred during the
detention, Mr. Valdés Henriquez and another prisoner were found to have minor
injuries when they were taken to the emergency service of San José hospital.
Bladed weapons and other objects having been found on them, the three detainees
were handed over to Santiago Criminal Court No. 19. In August 1996, this court
ordered an investigation of allegations of torture during their detention by
Department V, “Internal Affairs”. The Department's report confirms the facts
outlined above. It is said that on 20 January 1996, Mr. Valdés Henriquez had to
have treatment at the Colina centre, where injuries different from the minor
ones observed in the hospital on the day he was arrested were discovered. On
8 July 1996, a report by the forensic medical service corroborated that
diagnosis. There were no indications that the new injuries might have been
caused by incidents postdating his apprehension in a public place and the court
dismissed the case and closed the file in July 1997. Mr. Valdés's mother has
brought charges for irregularities in the search and arrest of mer ers of her
family by Department V, “Internal Affairs”. This Department launched an
investigation which, in April 1996, found that no member of the institution bore
any responsibility, and this was endorsed by the institutional legal
administration. The Government provided this information in its letter of
10 February 1999.
194. In the same letters, the cases described below were transmitted; the
Government responded by letter dated 25 March 1998 (for all of these, see
E/CN.4/1998/38/Add.1, para. 65).
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195. Julio Esperguel Santander was allegedly beaten on 31 December 1995 by two
carabineros from motorized units. The Government indicated that following
preliminary investigation, proceedings were under way for the offence of
excessive force. It provided this information in its letter of 10 February 1999.
196. Juan Pablo Contreras Mondaca was reportedly detained and tortured by
carabineros of the Retén Pomaire squad, Santiago, on 14 April 1996. The
Government indicated that he was detained for being in a state of inebriation
and was released on 15 April 1996, having submitted no complaint and having paid
the fine imposed by the Melipilla First Criminal Court before which he appeared
on the day he was taken into custody. Subsequent inquiries revealed that on
16 April 1996, Mr. Contreras Mondaca went to the hospital, where minor injuries
were diagnosed. The sequence of events on the dates mentioned above reveals that
he was not subjected to violence at the initial examination, although
proceedings were initiated for excessive force and were now at the pre—trial
stage.
197. Agustin Fegueroa Sepülveda and a friend were allegedly detained on
10 August 1996 by carabineros, who took them to Police Station No. 34 in
Santiago, where they were reportedly subjected to torture. The Government
indicated that both individuals were taken into custody when robbing a bus. Both
were injured during their arrest because they offered resistance. They were
transported in the same vehicle in the presence of the driver, who stated that
the police officers used only necessary and reasonable force. They were placed
in preventive detention and taken to emergency clinic No. 4 in uñoa so they
could receive medical care. They were found to have minor injuries and were
transferred to Penalolén police barracks 43 and later to the preventive
detention centre at Puente Alto, where they were brought before a court on
11 August 1996. An internal investigation incorporating statements by the
officers who took them into custody, the bus driver and the mother of one of the
detainees showed that they were not subjected to torture or ill—treatment. On
the administrative side it was determined that the second guard corps officer
failed to note the cause of injuries in the guard book, although he did so in
the police report, and for this he was reprimanded. In addition, the chief of
the supplementary patrol failed to record the procedures used by the officers
under his command and the time they went off duty: he was issued a warning. A
charge of excessive force is currently in pre—trial investigations before the
Sixth Military Prosecutor's Office of Santiago.
198. Andrés Meléndez Sanchez was reportedly detained and tortured by
carabineros on 11 Septer er 1996 in Santiago. The Government indicated that the
complaint of ill-treatment lacked credibility in that it identified uniformed
persons as being responsible, whereas the detention had been carried out by
plain—clothes officers from Penalolén Police Station No. 43. According to the
Government, the person concerned lodged the complaint in the belief that he
would thereby diminish his own responsibility, but it had been reliably shown
that institutional staff had inflicted no injury whatsoever upon him. By letter
dated 10 February 1999, the Government indicated that a charge of excessive
force was in pre—trial investigations before the Fourth Military Prosecutor's
Office.
199. Patricio Gana Valdés, arrested on 24 September 1996 by carabineros from
Police Station No. 42 in Santiago, was allegedly tortured after being
transferred to Police Station No. 41. According to the Government, the injuries
he later suffered were caused when he fell while under guard in his cell. After
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he fell, he was irimediately given aid. The officer in charge of the vehicle made
available for the detainee's transfer to the Capitán Yaber Preventive Detention
Centre refused to transport him in view of the fact that he was injured. For
this reason, an ar ulance was called, and while the necessary papers were being
signed, Mr. Gana Valdés again fell to the ground. He refused to get into the
ambulance and was beaten inside the vehicle for offering resistance to the
paramedical staff. He was taken to hospital, diagnosed as having
“cerebroencephalic trauma with severe complications”, and discharged on
26 November 1996. Following these events, the duty officer was reprimanded for
not going to the guard room to determine for himself the cause of the detainee's
injuries. The investigating officer of the Court of First Instance was given one
day's service arrest as punishment for his delay in recording the charge of
injuries, which slowed down the investigation. The same punishment was given to
the first guard officer on duty on 24 September for not having sought medical
assistance after the detainee's first fall. The corporal responsible for
guarding the detainee was given fifteen days' service arrest as punishment. The
charge of injuries brought by the spouse of Patricio Gana Valdés was dismissed
and the case closed in April 1997, as the Government indicated in its letter of
10 February 1999.
200. Peter Carter Zamorano was allegedly detained and tortured by carabineros
on 30 Septer er 1996. The Government indicated that, as reported by the guard
officer concerned, he was arrested for drunken driving, had oral and dental
injuries and his car was damaged. Because of his injuries, and in order to
measure his blood alcohol content, he was taken to the emergency ward at San
José hospital, and the relevant results were reported. The above information
shows that the injuries were sustained before his detention. Mr. Zamorano
preferred charges and the case is now in pre—trial investigations before the
judicial authorities, with no personnel implicated in the proceedings. The
Government provided these facts in its letter of 10 February 1999.
201. Manuel Melipil Barrera, aged 16, was reportedly detained and tortured
together with a friend on 11 October 1996 by carabineros in Santiago. According
to the Government, inquiries have led to the attribution of responsibilities and
the imposition of administrative penalties. The guard officer was given one
day's service arrest for using force on a minor during arrest, failure to report
the arrest and provision of false information in order to elude responsibility;
the second patrol chief on duty was given four days' service arrest for high—
speed pursuit of the vehicle in which Manuel Melipil Barrera was riding,
jeopardizing the physical safety of third persons, firing three shots into the
air without reporting the fact, replacing the munitions and giving false
information; the driver of the van that pursued the vehicle was given three
days' service arrest for high—speed driving and giving false information; and an
accompanying carabinero was given three days' service arrest for giving false
information. The proceedings initiated in connection with Manuel Melipil
Barrera's charge of excessive force are in pre—trial investigations. In its
letter dated 10 February 1999, the Government indicated that the case was not
heard by the Military Prosecutor's Office owing to a procedural error that was
not rectified in good time.
202. Rigoberto Antonio Mallias Diaz was reportedly subjected to torture in
December 1996 because he failed to perform a military manoeuvre correctly during
his compulsory military service. The Government indicated that in May 1997,
proceedings had been initiated in the Court of the Air Force and were in pre-
trial investigations. An application for the remedy of protection on behalf of
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Mr. Mallias Diaz was made to the Santiago Court of Appeals, but was rejected. In
May 1997, he was dismissed from military service.
203. Richard Busto Suárez was allegedly tortured by carabineros from Santiago
Police Station No. 7 on 2 January 1997, when he went to give a statement about
having been shot in the leg by carabineros the previous day. The Government
indicated that during an operation, a number of persons attacked the
carabineros, who used firearms for the purpose of intimidating them. Mr. Busto
Suárez was one of those accused of inflicting minor injuries on an officer and
damaging a police vehicle and had been wounded in the left thigh. Investigation
of the facts revealed that the responsible officer had not reported all the
necessary information on the events. For this he was given a warning. Other
procedural errors were also detected, such as failure to note such circumstances
as numerical inferiority, the nature of the sector's inhabitants and the low
socio—economic level, which had combined with “the experience and impetuousness
of an officer of second lieutenant rank” to create the conditions surrounding
the events. Judicial proceedings had been brought before the Sixth Military
Prosecutor's Office in Santiago and were in pre—trial investigations, with no
corimittal order having been issued. The Government provided these facts in its
letter of 10 February 1999.
204. Marcos Sanchez Andrade was reportedly tortured by officers of the Special
Prison Anti-Riot Brigade on 17 January 1997. The Government indicated that
Mr. Sanchez Andrade and an officer were both injured when he assaulted the
officer, who was taking him to a new location. He had been given medical
treatment initially by health personnel of the establishment and, on 19 January,
by staff of the central treatment facility. An internal investigation showed no
responsibility on the part of prison staff. The Government provided these facts
in its letter of 10 February 1999.
205. Francisco Alberto Soto Pávez was allegedly assaulted on 30 April 1997 by
mer ers of the Pudahuel Norte police force and suffered severe injuries. The
Government indicated that an investigation had been launched into the police
actions. Based on the testimony of neighbours who were present at the time of
the events and by decision of the relevant prefecture, the officers involved
were deemed to have made false statements in order to elude responsibility. For
this they were given administrative sanctions: 30 days' arrest for two of them
and 25 days' arrest for three others. Charges of excessive force brought before
the Sixth Military Prosecutor's Office in Santiago were in the pre—trial
investigation stage with no committal order having been issued against
institutional staff. In its letter of 10 February 1999, the Government indicated
that the Santiago Military Court was considering the possible combination of
that case with another being processed by the Second Military Prosecutor's
Office of Santiago.
206. By letter dated 29 October 1998, the Special Rapporteur transmitted to
the Government the cases of Oriana Guillermina Alcayaga Yepeda, Roxana Paz Cerda
Herrera, Magdalena de la Angeles Gallardo Bórguez, Maria Angélica Medina Soto,
Eugenia Victoria Mellado Reyes, Flora Luisa Pavez Tobar, Pilar Alejandra Pena
Rincón, Doris Magdalena Ojeda Cisternas, Margarita Elizabeth Reveco Perez, Ana
Maria Sepülveda Sanhueza, Giovana Tabilo Jara and Rosa Ester Vargas Silva,
inmates of the Women's Guidance Centre in San Joaguin. They were allegedly
subjected to torture on 15 July 1997 by members of the Santiago Prison Anti—Riot
Brigade (see E/CN.4/1999/61, para. 112) . In its letter dated 10 February 1999,
the Government indicated that it was the violent and aggressive reaction of the
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inmates, who refused to comply with the Centre's locking-up hours, that had
caused the minor injuries some of them had suffered in the struggle with prison
staff. These facts were corroborated by the investigation ordered by the Prison
Service. A woman police officer was reportedly also injured. The facts were
brought before the Second Criminal Court of San Miguel on 16 July 1997.
Observations
207. The Special Rapporteur is grateful for the detailed and informative
responses of the Government, including those by way of follow—up to his 1995
visit (see E/CN.4/1996/35/Add.2 and Add.1 to the present report) . He welcomes
the legal reforms that have taken place, especially the adoption of a specific
offence of torture, the abrogation of the law permitting detention on suspicion
and the strengthening of safeguards protecting the rights of persons deprived of
liberty. He continues to believe that judges should not be authorized to order
solitary confinement (incomunicación) for more than 48 hours and then only with
safeguards to ensure the well—being of the detained person. He also continues to
believe that it is essential to bring the carabineros under the civilian justice
system in respect of acts committed against civilians.
China
ReQular communications and replies received
208. By letter dated 15 November 1999, the Special Rapporteur advised the
Government that he had received information on the following individual cases.
209. Jingsheng Liu was reportedly detained on 28 May 1992 and sentenced on
16 December 1994 to eight years in prison for leading a “counter—revolutionary
group” and another eight years in prison for “counter—revolutionary propaganda”.
He is currently being held at the Banbugiao Detention Centre. He has reportedly
been held in solitary confinement since 1996 and is allegedly not in good
health.
210. Yang Liming, Yang Wenli and Zhang Wenging were reportedly arrested in
December 1992 for burglary and murder in Wuwei city, Gansu province. Their
confessions were allegedly obtained through 10 days of torture. Upon the
confession of another individual to the alleged crimes, these three individuals
were freed in February 1996.
211. Yu Dongyue, an art editor of LiuyanQ Daily , was reportedly arrested on
23 May 1989 for participating in pro—democracy demonstrations in Hunan. He was
allegedly sentenced on 11 August 1989 by the Beijing Intermediate People's Court
for “counter—revolutionary propaganda and incitement” and “counter—revolutionary
sabotage”. He was allegedly tortured in Hunan Prison No. 3 at Lingling. He was
allegedly held in solitary confinement in a tiny windowless damp cell for at
least two years. The Special Rapporteur had already intervened on his behalf in
1992. According to recent information received, Yu Dongyue is now held in
Ruanjiang prison in Hunan, where he is allegedly showing signs of mental
disturbance and of having lost control of some bodily functions.
212. Chen Jinchang, Wen Shaorong, aged 15, Wen Shaorong, aged 15, and
Yao Zekun were reportedly arrested in April 1995 in Fuyuan county, Yunnan
province and were charged for the robbery and murder of a driver. Chen Jinchang
was reportedly forced to kneel and was tied up with a wet rope. He was allegedly
E/CN. 4/2000/9
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forced to answer only “yes “ or “no” to the accusations against him and
reportedly was beaten whenever he answered “no.” He allegedly admitted to the
crime in order to stop the beatings. He was reportedly originally sentenced to
death, but in May 1996, though his conviction was upheld, his death sentence was
suspended. Wen Shaorong reportedly suffered a broken collar bone and a torn ear
as a result of the torture he allegedly received while in detention. He is still
in prison serving his sentence. Yao Zekun was allegedly read a pre—prepared
confession and whenever he answered that it was not correct he was reportedly
beaten. During his five days of detention he was allegedly given only two pieces
of bread and nothing to drink. During the investigation, the Intermediate
People's Court judges reportedly admitted that they had suspected the
confessions had been obtained by force, but when they received a written
response from the police denying that torture had taken place, they are reported
to have been satisfied. Nevertheless, 10 policemen were reportedly disciplined
for their part in the affair, four sacked, and one transferred.
213. Fan Zhen, wife of Zhu Shengwen, former deputy mayor of Harbin, on behalf
of whom the Special Rapporteur intervened in Septer er 1998 (see E/CN.4/1999/61,
para. 115), was reportedly detained a few days after her husband's arrest, in
October 1996. She was reportedly arrested without an arrest warrant by the
Special Investigation Team (SIT) and charged with “hiding [ her] husband's
crimes”. She was reportedly interrogated on the fifth floor of SIT headquarters.
She was allegedly locked into a cast—iron chair called the laohudenQ , the “tiger
chair”, for two days and was slapped and spit upon by three men reportedly
interrogating her and asking her to confess her husband's crimes. She was then
transferred to No. 2 Detention Centre in Harbin where she was detained in an
overcrowded cell allegedly infested with rats and lice. She allegedly received
inadequate food and was not allowed to speak to other inmates. She was not
allowed to meet with her lawyers until five days before her trial on 16 June
1998. She was reportedly sentenced on 19 October 1998 to one year and eight
months' imprisonment at the Harbin Detention Centre.
214. Abdul Helil, a Uighur man, was reportedly detained in the Kinjiang Uighut
Autonomous Region after leading a demonstration in Gulja in February 1997. He
was allegedly coerced with torture to confess to accusations against him and to
denounce his friends. In mid—1998 he was reportedly held at the 4th Division of
the Kinjiang Production and Construction Corps, a military institution.
215. Zhou Guiyi, Kiao Beizhou and Yu Li were allegedly beaten to death while
in police custody, Kinzhou county in Hubei province, between April 1997 and
February 1998. The families of these individuals reportedly received
compensation for their loss. However, no legal inquiry has been reportedly made
into the allegations.
216. Dongjie Liu, a major in the China Air Force stationed in Changchun, was
reportedly arrested on 11 August 1998. His wife was reportedly informed by
police security officers that he had died on 13 August 1998. He was allegedly
burned to death after being tortured by Chinese Air Force security officers and
tortured with batons and electric shock. It is believed that he left a letter
regarding the torture to which he was allegedly subjected. No death certificate
was reportedly issued. In September 1998, Dongjie Liu's brother—in—law asked the
Chief Prosecutor of Shenyang Air Force to open an inquiry, but the latter is
reported to have refused. In December 1998, his brother—in—law was finally told
that an investigation would be conducted. The findings of this investigation,
which is said to have been conducted in February/March 1998, are the following:
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the letter left by Liu exists, but has been lost by the security officers who
handled the case and who are alleged to be the perpetrators; five other persons
detained at the same time have provided written testimonies that they were
severely tortured, but did not sue the Air Force. Therefore, the investigation
is said to have concluded that the allegations of torture in the case of Dongjie
Liu are unfounded. The case has reportedly been appealed to the Prosecutor's
office of the Chinese Army. Dongjie Lie's family, in particular his wife, is
allegedly constantly harassed by police officers.
217. Cheng Meiying, a prominent Christian activist leader, was allegedly
detained on 27 October 1998 in Wugang, Hunan province when she attended a
national meeting of house church leaders. She was allegedly beaten by police
officers with a water—soaked whip made of hemp rope and struck on her head with
a heavy club. The beatings reportedly caused serious head injuries and resulted
in loss of consciousness for three days. She was reportedly released on
21 November 1998. Since her detention she has experienced memory loss.
Allegedly, 70 other religious leaders were arrested on 27 October and on
5 November 1998.
218. The Special Rapporteur has also received reports regarding the alleged
torture of Falung Gong practitioners who have reportedly been arrested since
July 1999 and on behalf of whom he sent a joint urgent appeal with the Chairman-
Rapporteur of the Working Group on Arbitrary Detention on 23 July 1999. It is
alleged that most of the practitioners, including children and elderly persons,
have been insulted and beaten by the police at the time of arrest and during
their subsequent detention. Electric shock batons and a device called “Di Lao”,
in which alleged victims' wrists and feet are shackled and linked together with
crossed steel chains making it nearly impossible to walk or sit down, are said
to have been used. In particular, the Special Rapporteur has received
information on the three following individual cases.
219. Zhao Jinhua was reportedly arrested on 27 September 1999 by the Zhangxing
county police. She was allegedly beaten to death in police custody. On 7 October
1999, she allegedly lost consciousness and was sent to the county hospital
emergency room. She was then reportedly returned to the police where she was
allegedly interrogated about her Falung Gong practices and tortured again,
allegedly with police electric clubs. She is believed to have died the same day.
An autopsy report by forensic doctors of Yantai City dated 8 October reportedly
confirmed the presence of injuries, wounds and haematomas on many parts of her
body, except the head, and revealed that her death was caused by beatings with
blunt instruments.
220. Practitioners from Hunan province were allegedly ill—treated at the time
of their arrest. Yu Hanxin was reportedly arrested on 24 July 1999 by members of
the Public Security Bureau of Yueyang city at his publishing enterprise, where
books on Falung Gong were seized. It is reported that his feet were broken by
the assistant director of the Yueyang Public Security Bureau at the time of
arrest. Li Juhua was reportedly arrested on 25 July 1999 by mer ers of a local
Joint Defence Team, who allegedly raped her. Zhou Zhi, from Dichen district,
Chande city, had his home allegedly ransacked on 25 July 1999. He was allegedly
severely beaten at that time. Yang Junhua was beaten and injured by No. 7 Joint
Defence Team of Kiangtang city on 26 July 1999.
221. Kiao Hong Zhang was reportedly arrested on 9 September 1999 and chained
back to back with another Falung Gong practitioner for 23 hours, during which
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time they were allegedly denied food, sleep and to go to the toilet. From 10 to
14 Septer er, they were reportedly individually handcuffed in the back in such a
position that they were unable to lie down in order to sleep.
222. Concerning the situation in Tibet, the Special Rapporteur has received
information on the following individual cases.
223. Ngawang Kyonmed, who was taking care of a shrine in the Drepung complex
in Tibet, and Samdrul, both monks, were reportedly arrested in Septer er 1998 on
suspicion of having prepared a letter addressed to the United Nations High
Corimissioner for Human Rights, during her visit to Tibet in Septer er 1998. The
letter is believed to express concern about the detention of the Panchen Lama,
Gendun Choekyi Nyima, as well as details of the May 1998 protests at Drapchi
prison which were mentioned in a corimunication by the Special Rapporteur dated
3 September 1998 (see E/CN.4/1999/61, para. 116) . Ngawang Kyonmed was allegedly
beaten severely and detained at the Gutsa detention centre in Lhasa. He were
reportedly transferred to a prison. An urgent appeal was sent on their behalf on
13 January 1999 by the Chairman-Rapporteur of the Working Group on Arbitrary
Detention.
224. Norbu, a 17—year—old monk from Nalanda monastery, was reportedly arrested
along with three fellow monks on 25 February 1995, following a police raid on
the monastery. He is said to have resisted the police who wanted to search
fellow monks' rooms. He was reportedly taken to Phenpo County Public Security
Bureau detention centre. He was reportedly transferred on 28 February 1995 to
Gutsa detention centre in Lhasa city, where he spent almost a year in
incommunicado detention. He was allegedly brutally interrogated by the prison
guards and accused of hiding documents on Tibet's independence. He was then
denied medical treatment, despite the fact that his health was constantly
deteriorating during his detention. In particular, he is said to have sustained
damage to his kidneys. When he was returned home, in February 1996, he was still
in a very serious condition. He allegedly could not turn his head or bend one of
his legs and could not speak properly anymore. He is said to have died at home
in March 1999 from injuries sustained at the time of his arrest and
interrogation.
225. Tashi Tsering reportedly died in the first week of October 1999, while
still hospitalized, allegedly due to the beatings he sustained at the time of
his arrest. Security police officers of the People's Armed Police (PAP)
reportedly beat him so badly that his hands and feet may have been broken and
his arm fractured. His head was struck against the back of a vehicle and by the
time he was dragged into the police van by security personnel he was unable to
walk. It is thought that his head injuries contributed to his subsequent death
in the Tibetan Autonomous Region police hospital, near Sera Monastery, where he
had been immediately rushed. He is said to have been arrested soon after having
lowered the Chinese flag in Potala Square and attempted to hoist the forbidden
Tibetan national flag during the Minority Games, held in Lhasa, on 26 August
1999.
UrQent a inieals and replies received
226. On 17 February 1999, the Special Rapporteur sent a joint urgent appeal in
conjunction with the Special Rapporteur on extrajudicial, summary or arbitrary
executions and the Special Rapporteur on the promotion and protection of the
right to freedom of opinion and expression on behalf of Hemit Memet, Kasim
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Mahpir and Ilyas Zordun, three young Uighur men, who had been forcibly returned
from Kazakstan to the Kinjiang Uighur Autonomous Region (KUAR) on 11 February
1999. They had been arrested while attempting to cross the border between the
Republic of Kazakstan and the People's Republic of China. They were said to be
suspected of involvement in “ethnic separatist activities”, and in 1998 a
warrant to arrest them was reportedly issued by the Ghulja Municipal Bureau.
227. On 14 June 1999, the Special Rapporteur sent a joint urgent appeal in
conjunction with the Special Rapporteurs on the promotion and protection of the
right of freedom of opinion and expression and on extrajudicial, summary or
arbitrary executions on behalf of Zulikar Memet and Saydakhmet Memet, who had
reportedly been detained in Urumqi, the capital of Kinjiang Uighur Autonomous
Region (KUAR) in 1998 and February 1999, respectively. It was reported that they
were accused of “assisting separatist terrorists” and arrested owing to the fact
that they were brothers of Hemit Memet, who had been detained on 11 February
1999 along with Kasim Mahpir and Ilyas Zordun, all reportedly accused of
involvement in “ethnic separatist activities” (see above) . They had reportedly
been moved from a prison in Urumqi to the public security police detention
centre in the city of Gulja (Yining)
228. On 1 July 1999, the Special Rapporteur sent an urgent appeal on behalf of
Ngawang Choephel, who reportedly went missing in August 1995 when he was
travelling through Tibet, tape recording traditional Tibetan folk music. He had
reportedly been sentenced to 18 years' imprisonment for committing espionage. On
19 May 1999, the Working Group on Arbitrary Detention declared his detention
arbitrary. He was reportedly originally detained at the Nyari detention centre,
in Shigatse, but has since been transferred to the Powo Tramo prison in Tramo
county. His health has allegedly deteriorated since his imprisonment. In
particular, since 16 August 1998 he has reportedly been vomiting blood and is
suffering from tuberculosis and a gastric disease. A letter was reportedly
written to the Higher People's Court in China requesting permission for him to
have medical treatment, however no response was received.
229. The Government replied on 15 December 1999 that in September 1998 the
Kigaze Intermediate People's Court found Ngawang Choephel guilty of spying and
on charges of separatism and sentenced him to 18 years' imprisonment, including
four years without political rights. The Government further replied that, on
appeal, the Tibet Autonomous Region Higher People's Court upheld the guilty
verdict, after a closed hearing. The Government advised that the hearing was
closed because the case involved State secrets. The Government further advised
that he is currently serving his sentence in Bomi prison in Tibet. In relation
to medical care, the Government replied that all offenders are entitled to
receive free medical care, including annual check—ups, as well as timely
treatment if they become ill. The Government reported that in October 1998,
Ngawang contracted bronchitis, a lung infection and hepatitis and was treated at
the prison hospital for over two months. He received a check—up in January 1999
which found him to be showing signs of recovery and he is now recuperating with
oral medication. The Government stated that as in the past, law enforcement
authorities are providing every respect and protection of his rights.
230. On 23 July 1999, the Special Rapporteur sent a joint urgent action in
conjunction with the Chairman-Rapporteur of the Working Group on Arbitrary
Detention on behalf of a large number of Falun Gong practitioners who had
reportedly been recently arrested. Falun Gong is said to be an organization
corimitted to the improvement of its practioners' physical and mental well-being
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through exercise and meditation. The authorities reportedly banned the Falun
Gong practice in public or private on 22 July 1999, and have accused the group
of “engaging in illegal activities, advocating superstition and spreading
fallacies”, as well as “jeopardizing social stability”. Since 20 July 1999,
organizers of the group were detained in several cities, including Beijing,
Tianjing, Nanchang, Harbin, Changchun, Tai Yuan, Shengyang, Benxi, Kinbin,
Hengyang, Qinyuan, Wafangdian, Cangzhou and Shijiazhuang. Many persons have
allegedly been beaten at the time of and after their arrest. More specifically,
it was reported that Lu Shu Zhen, the mother of the Falun Gong founder, Li
Hongzhi, had received death threats on 22 July 1999 from four non—uniformed
mer ers of the Chinese State Security Bureau. Her sister, Li Ping, and her
children, Li Mai Yi, Li Pao Yuan and Li Pao Man, were also threatened. They
reportedly remain under house arrest with constant police surveillance. Since
the early morning of 20 July, Li Chang, Ji Lie—wu, Qi Bao Lei (female) and other
individuals have reportedly been detained in Beijing. In Dalian, the following
men were reportedly arrested: Yu Kiao—de, Li Fang—jun, Yang Chuan—jun, as well
as the following women: Guan Shu—Qing, Tang Qiao—yunin, Gao Chun—mei, Yang
Li-ying, Tang Qiao-yun. In Shijiazhuang, Duan Rong-xin, Miao Ying-zhi, Wang
Hong-bin, Kie Zheng-yuan, Ku Kin-mu, and Feng Kiao-mei (female) were reportedly
arrested. Lu Wenjie and Wang Hongbin, two Falun Gong practitioners who were
reportedly protesting the arrests at the Governmental Appeal Bureau in Dalian
were allegedly beaten by four policemen who forcibly took them to the police
station.
231. The Government replied on 7 October 1999 that the Falun Dafa Research
Society has not been legally registered: it engages in illegal activities,
preaches superstition and heresy, deludes the masses and manufactures
disturbances. The Government reported that the Chinese Ministry of Civil Affairs
had determined, in accordance with the Regulations on the registration of public
organizations, that the Falun Gong organization was illegal and resolved to ban
it. Furthermore, the Chinese public service organs had taken coercive measures
against the organization and individuals suspected of using the Falun Dafa
Research Society to cause criminal disturbances to public order, who would be
brought to justice as the law required. The Government reported that no beatings
or ill—treatment had occurred as a result of the coercive measures taken. It
reported that allegations of beatings, ill—treatment, torture and house arrests
were sheer fabrications unrelated to the facts.
232. In relation to Lu Shuzhen and Li Ping, the Government reported that on
22 July 1999, Beijing municipal security organs visited Li Hongzhi's mother, Lu
Shuzhen, and Li Ping to obtain information about Li Hongzhi's circumstances
abroad. The Government reported that the meeting was amicable, civilized and
law—abiding, and that no restrictive measures of any kind were taken.
233. On 17 August 1999, the Special Rapporteur sent a joint urgent appeal in
conjunction with the Special Rapporteurs on extrajudicial, summary or arbitrary
executions and on the promotion and protection of the right to freedom of
opinion and expression on behalf of Zulikar Memet, who had reportedly been
sentenced to death on 25 July 1999 by the Ili Prefecture Intermediate People's
Court, in the Kinjian Uighur Autonomous Region. He was allegedly accused of
involvement in “ethnic separatist activities”. He reportedly told the court that
his confession had been extracted under torture and showed the court the signs
of the torture he had allegedly suffered, including finger nails which had been
pulled off. His brother, Hemit Memet, as well as eight other unidentified
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individuals, have also recently been sentenced to death. It is not known whether
they have appealed these verdicts.
234. By the same urgent appeal, the Special Rapporteurs informed the
Government that they had received information according to which Zulikar Memet
and Seidakhmet Memet, who was reportedly recently sentenced to six years'
imprisonment, are in very poor health due to torture and the detention
conditions at Yengi Hayat jail in Gulja (Yining) city, Ili prefecture. Hemit
Memet was also reportedly held in harsh conditions of incommunicado and solitary
detention at the Ili prefectural prison.
235. On 25 August 1999, the Special Rapporteur sent an urgent appeal on behalf
of Tsering Dorje, a Tibetan translator who had reportedly been detained with two
foreigners, Daja Meston and Gabriel Lafitte, who were investigating the impact
of a World Bank project. It is alleged that the three men were detained by
Chinese State security officials in Kiangride on 15 August 1999. Gabriel Lafitte
was reportedly released on 21 August, while Daja Meston was reportedly seriously
injured when he jumped from the third floor while trying to escape from
detention. Tsering Dorje reportedly remains in detention, although his current
whereabouts are unknown. The Government replied on 7 October 1999 that Tsering
Dorje had been employed by Daja Meston and Gabriel Lafitte from 11 to 14 August
1999 to enter areas in Dulan county, Qinghai province which were not open to the
public, to gather material for the conduct of illegal activities and to serve as
an interpreter. He was questioned by the Qinghai province State security
officers on 17 August 1999 and was assigned to home surveillance in accordance
with the law on 18 August 1999. The Government further responded that he had
made a confession and signed a statement of repentance, after which the Qinghai
State security organs lifted the surveillance on 24 August 1999. The Government
informed the Special Rapporteur that his rights were fully respected and
protected and that no torture or ill—treatment took place. No information was
provided on the other two persons referred to in the allegation.
236. On 5 November 1999, the Special Rapporteur sent a joint urgent appeal in
conjunction with the Chairman-Rapporteur of the Working Group on Arbitrary
Detention on behalf of Geshe Sonam Phuntsok of Karze Dhargye Monastry, Agya
Tsering and Sonam, three Tibetan monks, who had reportedly been arrested and
detained on 24 October 1999 by officials from the Karze County Public Security
Bureau on suspicion of involvement in political activities and contact with the
exiled Tibetan Government. Their current whereabouts were unknown. In relation
to this case, it was also reported that officials of the Public Security Bureau
opened fire on 300 Tibetans during a peaceful demonstration demanding the
release of the above—mentioned monks. At least 10 demonstrators were reportedly
arrested, although their identities and the exact location of their detention
were not known.
Follow—un to previously transmitted corimunications
237. By letter dated 24 February 1999 the Government responded to an urgent
appeal sent by the Special Rapporteur on 10 December 1998, in conjunction with
the Special Rapporteurs on freedom of opinion and expression, and on violence
against women (see E/CN.4/1999/61, para. 126) . The Government indicated that
Ngawang Sangdrol was sentenced in Nover er 1992 by the Lhasa Municipal
Intermediate People's Court to three years' imprisonment, including one year
with no political rights for committing actions that imperiled the security and
unity of the State. The Government further replied that after she was admitted
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to the Tibet Autonomous Region Prison she repeatedly engaged in separatist
activities for which her sentence was increased by the court three times
(June 1993, June 1996 and October 1998) to a total of 15 years' imprisonment and
deprivation of political rights for three years. It indicated that she had
refused to submit to discipline in prison, but that her rights were being fully
respected, including the right to maintain health and to report any alleged ill
treatment by prison staff to the Procurator's Office or court. The Government
denied that she had been subjected to any beatings or ill-treatment by prison
guards or that her physical condition was deteriorating. It replied that all
prisoners received free medical treatment, including annual check—ups, and were
given timely care in the event of illness. The Government also replied that all
female inmates at the prison were supervised by female guards, and that the
claim that Buddhist nuns are subjected to sexual violations was entirely untrue
and malicious. In relation to alleged violent demonstrations inside Drapchi
prison in May 1998, the Government replied that no such incidents had taken
place. The Government stated that there had not been a demonstration by
offenders since the Tibet Autonomous Region Prison was founded.
238. Concerning Ngawang Choesom, the Government reported that there was no
person named Ngawang Choesom at the Tibet Autonomous Region Prison.
Observations
239. By letter of 15 February 1999, the Government formally invited the
Special Rapporteur to undertake a visit to the country in the second half of
1999 or the first half of 2000. At the time of writing, the Special Rapporteur
was still awaiting confirmation of specific dates that had been under discussion
with the Permanent Mission of China.
C 01 or i a
UrQent a inieals and replies received
240. On 16 April 1999, the Special Rapporteur sent an urgent appeal jointly
with the Special Rapporteur on extrajudicial, summary or arbitrary executions
concerning the indigenous population of Nasa, Paeces. According to his
information, from 7 to 10 April 1999 there had been fighting on land and in the
air, including borcJDings, between the ColorcJDian army and the guerrillas of the
Revolutionary Armed Forces of Colombia (FARC) , which had endangered the civilian
population of the indigenous community of Paeces, causing deaths, damage to
property and displacement of indigenous families from the areas of La Maria, el
Maco and la Mina in Jambaló and Villa Hermosa, San Juanito, Granadillo and
El Carmen in Pioyá. The reservations in which the above—mentioned military
operations were carried out were reported to be Caldono, Pioyá, Jambaló and la
Aguada de San Francisco. Although the deceased could not be identified and their
bodies could not be recovered, it was reported that around 600 peasants and
indigenous persons had gathered in Pioyá and that 250 more families had been
caught in the middle of the bombing and fighting, with no food whatsoever, owing
to the controls imposed by the armed groups. Isidro Campo Ulcue and Rómulo
Guetia Yatacue, two members of indigenous corimunities residing in the town of
Jar aló on the Indian reservation of Jambaló, were allegedly arrested. They had
both been in their homes when they were taken prisoner by the Third Brigade of
the National Army during the confrontation that occurred in Vereda Solapa on
10 April 1999, at 9 a.m. They were reportedly accused of collaborating with the
guerrilla forces.
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241. On 30 April 1999, the Special Rapporteur sent an urgent appeal jointly
with the Special Rapporteur on extrajudicial, summary or arbitrary executions
concerning the civilian population of the towns of Simiti and San Pablo,
Bolivar. Since 12 April 1999, the ColorcJiian Army and Air Force and paramilitary
groups had reportedly been carrying out military operations in those towns,
pursuing guerrillas from the National Liberation Army (ELN) who were allegedly
holding the passengers and civilian crew of an Avianca commercial aircraft. The
situation was threatening the lives of civilians and causing the displacement of
over a thousand persons.
242. Since 13 April 1999, the two towns mentioned above had allegedly been
surrounded by paramilitary groups who prohibited the distribution of medication
and food to the civilian population. Heavily armed and uniformed paramilitary
groups reportedly patrolled the streets of the capital, San Pablo, acting in
collaboration with security forces. From 18 to 19 April, Ismael Rincón Sierra,
Alfiodys Durán Rodriguez, Ernesto Fernández Botero and three other residents of
San Pablo were allegedly tortured and killed by paramilitaries. Other persons
are believed to have disappeared. The residents of San Pablo have allegedly been
forced to attend meetings of the paramilitaries where they are informed that
anyone on a black list, i.e., suspected guerrilla sympathizers, will be killed.
They have also reportedly been threated with having to leave San Pablo if they
do not make monthly payments to the paramilitaries. According to the information
received, paramilitary groups may also be implicated in the killings of Américo
N. Armando Mier Urueta and another resident of San Pablo whose bodies were found
in Simiti.
243. By letter dated 24 August 1999, the Government replied to this urgent
appeal. Concerning Ismael Rincón Sierra, Alfiodys Durán Rodriguez and Ernesto
Fernández Botero, it indicated that the bodies had been removed from the los
Caguises sector by the police inspector of San Pablo on 19 April 1999, and
according to the autopsy that was performed, the cause of death was injuries
from a short—range weapon, the date of the murder being established as 18 April
1999. The Government indicated that the Office of the Municipal Attorney of San
Pablo was unaware of the motives and identity of those responsible. Regarding
Mr. Mier Urueta, the Government indicated that it had no knowledge of his
killing, as there was no report by the municipal police inspectorate on the
matter.
Follow—un to previously transmitted corimunications
244. On 6 June 1990, the Special Rapporteur transmitted to the Government
corimunications received on alleged cases of torture in ColorcJiia. By letter dated
30 January 1998, the Government provided information on the following cases.
245. Emiro Bustamante was reportedly tortured by police officers on
11 February 1989 in San Benito de Abad, Sucre. The Government indicated that the
investigation had been halted for lack of sufficient evidence. Orlando Chamorro
Medrano was allegedly tortured by members of the Administrative Department of
Security (DAS) and of Battalion No. S of Corazal, Sucre, on 16 February 1989.
The Government pointed out that on 16 October 1997, the Legal Office of the
Administrative Department of Security had transmitted a communication indicating
that it had no complaints from the victims in its files and that since it was
hearing of the case for the first time, it would initiate the necessary
inquiries.
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246. On 29 March 1994, the Special Rapporteur transmitted to the Government a
cornunication concerning Luis Francisco Rodriguez, who was allegedly tortured on
4 August 1993 by members of National Army Mobile Brigade No. 1 in Puerto Rico,
Meta (see E/CN.4/1995/34, para. 132) . By letter dated 10 November 1998, the
Government indicated that the alleged acts actually dated back to 11 August
1992. Proceedings had been instituted on 7 October 1992, the dates of the
investigation having been registered at the Granada (Meta) police station. On
22 May 1994, the investigation was halted for lack of evidence.
247. On 10 May 1994, the Special Rapporteur transmitted an urgent appeal
concerning Luis Antonio Tellez and Ayda Martinez, who were reportedly tortured
on 1 May 1994 by members of the Judicial and Investigative Police Section
(SIJIN) (see E/CN.4/1995/34, para. 134) . By letter dated 30 January 1998, the
Government indicated that disciplinary charges had been brought against three
police officers, including a captain, but that they were later exonerated
through cumulative evaluation of the evidence.
248. On 29 May 1995, the Special Rapporteur transmitted to the Government
cornunications received on a number of alleged cases of torture and ill—
treatment in ColorcJDia. On 30 January, 9 June and 31 July 1998, the Government
transmitted to the Special Rapporteur the replies summarized below.
249. Rosalba Segura was reportedly tortured and raped on 14 October 1993 by
soldiers from the Reveiz Battalion in La Esmeralda, Arauguita, Arauca (see
E/CN.4/1996/35/Add.1, para. 143) . The Government indicated that investigation of
the case was being conducted by Military Court of Criminal Investigation No. 124.
250. Orlando Rafael Pujia Giraldo was allegedly tortured by army personnel in
January 1984 in Cartagena (see E/CN.4/1996/35/Add.1, para. 147). The Government
indicated that on 16 February 1994, Court No. 28 was assigned by the Court of
First Instance of Mechanized Infantry Battalion No. 6 in Cartagena to carry out
preliminary investigations concerning a captain. The proceedings ended with a
refusal order on 14 June 1994 when it was found that Mr. Pujia Giraldo had not
been tortured by the captain who had been charged and because two physicians
gave a diagnosis of drug dependency, a decisive factor in the lodging of the
complaint.
251. Alexander Penuela Sanabria was allegedly detained and tortured by mer ers
of the SIJIN on 18 September 1994 in Barranguilla (see E/CN.4/1996/35/Add.1,
para. 153, and E/CN.4/1997/7/Add.1, para. 105) . The Government indicated that
while the Court of First Instance had ruled that the agents charged should be
punished by withdrawal from service, the decision was overruled on appeal.
252. Jaime Valencia Cruz was detained and allegedly tortured by mer ers of the
National Army on 25 June 1993, in Buenos Aires, Cauca (see E/CN.4/1996/35/Add.1,
para. 138) . The Government indicated that, according to investigations carried
out by the Cali Regional Procurator's Office, the reasons for his detention were
unlawful possession of two 9—rn handguns; his affiliation with the National
Liberation Army (ELN) was also cited. When he was brought before the court he
did not complain of torture. On 18 February 1994 he was convicted of resisting
arrest and sentenced to 40 months' imprisonment with a suspended sentence in
exchange for his confession. The Government provided these facts by letter dated
10 November 1998.
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253. Alba lAbia Esquibel and José Albeiro Ortiz were reportedly subjected to
torture by members of the Jaime Rock Military Battalion on 5 October 1993 (see
E/CN.4/1996/35/Add.1, para. 142) . The Government pointed out that on 28 October
1997 the General Command of Military Forces in Colombia sent an official
corimunication indicating it had no information whatsoever about the case. The
Government stated that, in response to the Special Rapporteur's communication,
it would undertake an investigation of the facts and transmit to him its
results.
254. Alvaro Martinez Ramirez was allegedly detained and tortured by officers
of the SIJIN on 28 July 1995 in Bogota (see E/CN.4/1996/35/Add.1, para. 152).
The Government described the progress of inquiries with a view to establishing
the facts and identifying those responsible, sufficient proof not yet having
been found.
255. Alfonso Martin Boets was reportedly tortured during detention on
23 February 1993 in Bogota by army personnel (see E/CN.4/1996/35/Add.1,
para. 130) . The Government indicated that on 23 June 1994, the investigation was
closed after preliminary inquiries by the Human Rights Division of the Attorney-
General's Office.
256. Gilberto and German Maldonado Escalante were allegedly detained and
tortured in Cücuta, Norte de Santander, on 27 April 1993, by members of Army B—2
(see E/CN.4/1996/35/Add.1, para. 134) . The Government indicated that charges had
been brought on 7 August 1997 against an army captain and four soldiers as part
of disciplinary proceedings before the Attorney—General's Office. Some of the
charges relating to one of the soldiers were dismissed on 28 January 1998. As a
result, the charges have had to be reformulated, and the proceedings are in the
stage of evidentiary hearings.
257. Nelson David Mora Angarita was reportedly tortured by members of the
Revéis Battalion of the Armed Forces on 5 April 1994 (see E/CN.4/1996/35/Add.1,
para. 150) . The Government indicated that the disciplinary proceedings that had
been undertaken were closed on 20 April 1995 for lack of evidence.
258. Miguel Enrique Fernández, Henry Vásquez Arteaga, oscar Hernán Jiménez San
Miguel and Gerardo Silva Martinez were allegedly detained and tortured in
Barrancabermeja by members of the Nueva Granada Battalion of the Armed Forces on
21 July 1993 (see E/CN.4/1996/35/Add.1, para. 140) . The Government indicated
that a disciplinary penalty was imposed on 2 April 1997 with the 60-day
suspension from duty of an army lieutenant and the acquittal of a captain who
had previously been inculpated by the Attorney-General's Office. The decision
has been appealed.
259. Jesus Antonio Jiménez, John Fredy Aguilar and Julio César Grisales were
allegedly detained and tortured by police officers on 20 June 1993 in Medellin,
Antioquia (see E/CN.4/1996/35/Add.1, para. 136) . The Government indicated that
no investigation was carried out on the incident because the metropolitan police
of Valle de Aburrá, which served as the investigating authority, found
insufficient evidence for it.
260. Cristóbal Ospina was reportedly detained and tortured by police officers
on 16 July 1993 in Puerto Wilches, Santander (see E/CN.4/1996/35/Add.1,
para. 139) . In its letter dated 30 January 1998, the Government stated that the
Office of the Procurator—General had handed the case over to Military Criminal
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Court No. 24 with full copies to the Armed Forces Division with a view to
expediting the relevant disciplinary investigation. In its letters dated 9 June
and 31 July 1998, the Government indicated that on 13 April 1998 it requested
information on the case from the investigating authority (which, according to
the two letters, is the Office of the Police Inspectorate) but had received no
response, although such response had been said to be forthcoming.
261. Olga Marina Restrepo Diaz was allegedly detained and tortured on 16 June
1994 in Bogota by officers of the SIJIN (see E/CN.4/1996/35/Add.1, para. 151)
On this subject the Government, which in its letter dated 30 January 1998 had
announced that a disciplinary investigation was being undertaken by the
Attorney—General's Office, indicated that the case had been closed on 14 January
1997 for lack of evidence.
262. Hugo Miguel Serrano Logreira was reportedly detained and tortured on
5 October 1994 in Barranquilla by officers of the Administrative Department of
Security (DAS) (see E/CN.4/1996/35/Add.1, para. 154) . The Government indicated
that charges had been brought against 11 members of the Administrative
Department of Security, Atlantic region, following an investigation carried out
by the Attorney-General's Office. The tests requested by the accused prior to
the ruling were being carried out in accordance with a decision of 12 August
1997.
263. José Edgar Acosta Quintero was reportedly tortured on 9 July 1994 in
Ocana, Norte de Santander, by military personnel from Army Mobile Brigade No. 2
(see E/CN.4/1996/35/Add.1, para. 155) . The Government indicated that, after
preliminary inquiries, the Provincial Procurator's Department had halted the
investigation by a decision dated 12 August 1997.
264. In its letters dated 30 January, 9 June and 31 July 1998, the Government
responded on the following cases transmitted by the Special Rapporteur on
29 March 1994 and 29 May 1995.
265. José Oliver Rincón Guillén, Luis Eduardo Rincón and Jesus Gabriel Pinzón
were allegedly tortured by mer ers of Army Mobile Brigade No. 2 on 11 May 1993
in San Calixto, Norte de Santander (see E/CN.4/1995/34/Add.1, para. 131). The
Government indicated that criminal charges had been brought against a lieutenant
and a second lieutenant of the army and were currently under investigation,
which was in the stage of evidentiary hearings.
266. In the same letters, the Government provided the replies outlined below
on the cases transmitted by the Special Rapporteur by letter dated 16 Septer er
1996.
267. Paolo Rafe was allegedly tortured by members of the Anti—extorsion and
Anti-Kidnapping Unit (UNASE) of the National Police on 8 August 1994 (see
E/CN.4/1997/7/Add.1, para. 87). The Government indicated that no charge had ever
been submitted to the Administrative Department of Security (DAS) in the case.
Mr. Rafe was extradited on 25 August 1994 at the request of the Italian
Government for falsification of public and private documents, following a
medical examination which revealed no signs of torture.
268. Martin Oyola Palomo is said to have been tortured on 22 May 1996 in
Bogota by persons presumed to be connected with the Battalion of the
Presidential Guard (see E/CN.4/1997/7/Add.1, para. 104) . The Government
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indicated that following preliminary investigations, Infantry Battalion No. 37
of the Presidential Guard had refrained from bringing charges on the grounds
that “the disciplinary regulations for the armed forces had not been infringed,
the investigation having failed to establish the occurrence of the alleged event
or the responsibility” of agents of the State.
269. Argeidis Cáceres Arciénaga, aged 14, was reportedly tortured by members
of Mobile Brigade No. 2 on 19 November 1994 (see E/CN.4/1997/7/Add.1, para. 91).
The Government indicated that according to an official communication from the
General Command of the Armed Forces dated 28 October 1997, no charges had been
brought, but preliminary investigations would be undertaken. The Government
provided the same response on the case of Edy Enrique Goes Luna, also a minor,
who is said also to have been tortured by mer ers of Army Mobile Brigade No. 2
on 12 February 1995 (see E/CN.4/1997/7/Add.1, para. 93)
270. Marco Albeiro Valencia Duque was allegedly detained and tortured by
mer ers of the National Police and Armed Forces on 21 Septer er 1995 (see
E/CN.4/1997/7/Add.1, para. 90). The Government indicated that during the police
disciplinary investigation, insufficient proof had been found to clarify the
facts and identify those responsible.
271. Hermes Eli Quintero and Huber Arévalo are said to have been tortured by
mer ers of Army Mobile Brigade No. 2 on 13 August 1994 (see E/CN.4/1997/7/Add.1,
para. 88) . The Government stated that preliminary inquiries had failed to
identify the State officials allegedly tied to the event. The same response was
sent to the Special Rapporteur concerning the following persons: Marcelo Florez,
Luz Marina Rios and Jairo Gallo.
272. Alberto Castillo Lopez was allegedly tortured and murdered by military
personnel attached to the Luciano D'Elhuyar and Los Guanes Battalions together
with a number of paramilitaries on 26 November 1994 in Simacota, Santander (see
E/CN.4/1997/7/Add.1, para. 92). The Government indicated that disciplinary
proceedings against an army lieutenant were being carried out by the Office of
the Attorney—General of the Nation. The Government gave the same response
concerning another alleged victim mentioned in the proceedings, Aleixir Orozco
Hernández.
273. Dora Inés Sanchez is reported to have been tortured by military personnel
of Los Guanes Counter—guerrilla Battalion No. 5 in Sabana de Torres, Santander,
on 7 January 1995 (see E/CN.4/1997/7/Add.1, para. 99) . The Government indicated
that an investigation was being carried out by the corimander of the battalion.
274. Leonidas Basto Goyeneche was allegedly tortured by military personnel of
Los Guanes Counter—guerrilla Battalion No. 5 on 4 February 1995 (see
E/CN.4/1997/7/Add.1, para. 101) . The Government provided information on progress
in the disciplinary investigation being carried out by the Inspectorate General
of the Armed Forces, which was still under way.
275. Jaime Gavarito Tirado, a minor, is said to have been tortured by members
of a paramilitary group in Betulia, Santander (see E/CN.4/1997/7/Add.1,
para. 79) . The Government indicated that a criminal investigation was being
carried out by the appropriate prosecutor's office.
276. Antonio Vicente Gonzalez Cogollo, Jorge Gutiérrez and others were
allegedly tortured by staff of the military base at la Plata, Bermeja. According
E/CN. 4/2000/9
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to information provided by the Government, these cases are being heard by
Military Criminal Court No. 24.
277. In its letter dated 30 January 1998, the Colombian Government indicated
that with respect to other cases of torture allegedly carried out by army staff,
the Armed Forces Command sent an official corimunication to the relevant units
urging them to expedite the appropriate investigations. The Government indicated
its willingness to inform the Special Rapporteur of the results.
278. In its letter dated 27 August 1999, the Government provided a response
concerning one of the cases transmitted by the Special Rapporteur in his letter
of 29 October 1999 (E/CN.4/1999/61, para. 166) . Concerning Gilberto Sanchez
Gutiérrez, the Government indicated that the Office of the Attorney-General of
the Nation advised it that no investigation whatsoever into torture by members
of GAULA (Grupo de Acción Unificada por la Libertad Personal) was being carried
out. It stated that proceedings were in progress in the case of Gilberto Sanchez
Gutiérrez and that in the course of the investigation, Mr. Sanchez Gutiérrez had
been taken into custody, together with Hober Quiroz Ovalle, John Jairo Santana
and Gustavo Navarro Portillo, who were being questioned in connection with the
accusations of torture.
279. By letter dated 30 August 1999, the Government responded concerning the
cases transmitted by the Special Rapporteur in his letter dated 29 May 1995
(E/CN.4/1996/35/Add.1, paras. 131 and 137). Concerning Juan de Jesus Quiroga and
Josefina Chamorro Rios, the Government indicated that the International Affairs
Department of the Office of the Attorney-General of the Nation had informed it
that the Office of the Coordinating Prosecutor for Civil and Criminal Circuit
Courts in Arauca—Arauca had advised it that the cases were being heard by the
main prosecutor's office in Saravena because Arauquita had jurisdiction.
280. In its letter dated 27 Septer er 1999, the Government replied on the
cases transmitted by the Special Rapporteur in May 1995 and October 1998.
281. Concerning the cases of José Antonio Jiménez, John Fredy Aguilar and
Julio César Grisales (E/CN.4/1996/35/Add.1, para. 136), the Government stated
that the National Police had informed it that there were no grounds whatsoever
for an investigation, since the detention had been carried out according to
legal procedure and there was no evidence of torture. The Government further
indicated that the Office of the Attorney-General was carrying out no
proceedings, inquiries or investigations involving the above—mentioned
individuals.
282. With regard to the case of Ruben Dario Lopez Bustamante
(E/CN.4/1996/35/Add.1, para. 133), the Government indicated that the Office of
the Attorney-General of the Nation had advised it that Mr. LOpez Bustamante had
indeed been detained by National Army personnel but was later released because
he had been illegally taken into custody. The Attorney-General further indicated
that Mr. LOpez Bustamante had not been able to make a statement freely, for
which reason there was no record of torture, which was why no investigation was
being carried out of his alleged ill—treatment.
283. Concerning the cases of Jairo Massiol Cedano, José Henry Hinestroza,
Elisabeth Ascanio Bayona, Eduardo Horminso Guillén Gonzalez and Juan Gonzalez
Huber (E/CN.4/1999/61, paras. 160, 162, 153 and 157, respectively), the
Government indicated that the Office of the Attorney-General of the Nation had
E/CN. 4/2000/9
page 61
informed it that it was awaiting information from the prosecutor's offices of
Cundinamarca, Chocó and Chaquetá, where the events in question took place, and
would report thereon in due course.
284. With regard to the case of Alberto Usma and a youth called Miguel
(E/CN.4/1999/61, para. 150), the Government indicated that the National Police
had advised it that, having requested information from the Offices of the
Attorney-General of the Nation, the Public Counsel-General and the Municipal
Attorney, it had been informed that there was no record of charges or
investigations in the case. The Office of the Coordinating Prosecutor for
Specialized Criminal Circuit Courts in Medellin, the Specialized Government
Prosecutor's Units in Urabá and the prosecutor's office in Apartadó had likewise
indicated that no proceedings were under way.
285. In its letter dated 1 October 1999, the Government replied concerning one
of the cases transmitted by the Special Rapporteur in his letter dated
29 October 1998. With regard to Ramón Alfredo Jiménez Duarte (see
E/CN.4/1999/61, para. 159), it stated that the Office of the Attorney—General
had informed it that after reviewing the action taken in the case, it had not
found sufficient evidence, owing to the state of the corpse's decomposition when
it was discovered, to show that Mr. Jiménez Duarte had sustained minor but
successive injuries before his death.
286. By letters dated 7 October 1999, the Government replied on a number of
cases transmitted by the Special Rapporteur in his letter dated 29 May 1995.
287. Concerning Alvaro Martinez Ramirez (E/CN.4/1996/35/Add.1, para. 152), the
Government indicated that the Office of the Attorney-General of the Nation was
informed by the Terrorism Sub—Division of the Office of the Prosecutor for the
Specialized Criminal Circuit Courts of Santa Fe de Bogota that Mr. Martinez
Ramirez was under investigation for the crime of homicide with terrorist intent,
and that the investigation had been handed over to the competent courts.
288. With regard to the cases of Alba lAbia Esquivel and José Albeiro Ortiz
(ibid., para. 142), the Government stated that the Office of Public Prosecutors
in Santa Fe de Bogota was investigating both persons for the crime of resisting
arrest and that no information on torture of any kind had been provided. The
investigation had subsequently been handed over to the regional courts of Santa
Fe and proceedings for the suspended sentencing of the two trade union members
were under way. The Commander of the Sixth Brigade had indicated that they had
been apprehended in line with legal procedures and that there was no charge to
justify an investigation.
289. By letters dated 7 October 1999, the Government provided responses on
some of the cases transmitted by the Special Rapporteur in his letter dated
29 October 1998.
290. Concerning Hector Hernán Méndez and Raül Morales (E/CN.4/1999/61,
para. 161), the Government indicated that no investigation of the crime of
torture was being carried out by the prosecutor's office in Cundinamarca. The
Office of the Prosecutor for Criminal Circuit Courts in Cáqueza—Cundinamarca had
suspended the investigation because after a period of over 180 days, there was
insufficient proof to implicate any given person.
E/CN. 4/2000/9
page 62
291. Concerning Elisabeth Ascanio Bayona, Juan Abel Ascanio, Ana Dilia Perez
and Ana Elida Bayona (E/CN.4/1999/61, para. 153), the Government indicated that
the Office of the Attorney-General of the Nation had advised it that the Office
of the Prosecutor in San José de Cucutá was working on an investigation,
although so far it had not been possible to establish the authority or identity
of those involved in the offence.
292. By letter dated 13 October 1999, the Government provided a response on a
case transmitted by the Special Rapporteur in his letter dated 29 October 1998.
Concerning Julián AndrCs Valencia (E/CN.4/1999/61, para. 152), it indicated that
the Office of the Attorney-General of the Nation had informed it that the Office
of the Prosecutor for Specialized Criminal Circuit Courts in Call had found no
offence of any kind against Mr. Valencia in the investigation carried out and by
the same official legal corimunication had indicated that should additional
information become available, a new inquiry could be undertaken.
293. By letter dated 21 October 1999, the Government responded concerning a
case transmitted by the Special Rapporteur in his letter dated 29 October 1998.
With regard to Juan Gonzalez Huber and Eduardo Herminso Guillén Gonzalez
(E/CN.4/1999/61, para. 157), the Government indicated that the Office of the
Attorney-General of the Nation had informed it that the National Human Rights
Division had launched an investigation and had ordered two preliminary steps to
be carried out, for an expert opinion and to gather statements from witnesses.
The Government would furnish information on the results.
294. By letter dated 11 November 1999, the Government responded concerning one
of the cases submitted by the Special Rapporteur in his letter dated 29 May
1995. With regard to Olga Marina Restrepo Diaz (see E/CN.4/1996/35/Add.1,
para. 151), the Government indicated that, having checked through the “SIGA”
administrative management system, the Office of the Attorney-General of the
Nation had informed it that no investigation whatsoever was being carried out.
The Government indicated that the Attorney-General was requesting additional
information in order to pursue an investigation.
295. By letter dated 29 November 1999, the Government provided a response on a
case transmitted by the Special Rapporteur in his letter dated 21 August 1992.
Regarding Samuel Fernando Rojas Motoa (see E/CN.4/1993/26, para. 112), a mer er
of the executive body of the Central Workers' Unit in the department of Valle
del Cauca, the Government indicated that concerning the events of 4 June 1992,
the Office of the Attorney-General of the Nation had advised it that Mr. Rojas
Motoa was incarcerated in Medellin prison for the crime of resisting arrest. The
Government further indicated that the competent prosecutor had repeated his
request for the Office of the Prosecutor in Cartago—Valle to inform him whether
a criminal investigation was being carried out there for the crime of torture
involving Mr. Rojas Motoa, but that nothing had been found on the subject. The
Government indicated that it would keep the investigation under review and
provide information in due course.
Observations
296. The Special Rapporteur is grateful for the extensive, detailed and
informative replies of the Government (see also Addendum 1 to the present
report) . He considers the decision of the Constitutional Court, removing crimes
against humanity from the jurisdiction of the military justice system, and its
implementation to be a major positive development. The acceptance by Law 288 of
E/CN. 4/2000/9
page 63
1996 of the principle of providing a direct right of compensation pursuant to
findings of the Human Rights Committee and the Inter-American Commission on
Human Rights is also highly laudable. He hopes that the draft reform of the
Military Penal Code as described will soon enter into force. Nevertheless, he is
constrained to note that, in respect of the numerous cases on which the
Government has responded, only one investigation resulted in a sanction, namely
the disciplinary sanction of suspension of duty for 60 days. This represents a
clear continuation of the persistent problem of impunity for violation of human
rights within the mandate of the Special Rapporteur.
Democratic Republic of the ConQo
ReQular communications and replies received
297. By letter dated 4 October 1999 transmitted jointly with the Special
Rapporteur on the promotion and protection of the right to freedom of opinion
and expression, the Special Rapporteur informed the Government that he had
received information on the following cases.
298. Freddy Loseke Lisumbu—La—Yayenga, editor of the newspaper La Libre
Afrigue , was reportedly arrested on 22 December 1998 in Place Victoire, in the
Kalamu sector, by three mer ers of the national police, and taken by the
Presidential Protection Unit (GSSP) to the “GLM” building in Gombé, where he was
allegedly given 150 lashes with a whip. He is said to have then been
interrogated on an article that was published that day in his newspaper. He was
then taken to the President's chief of staff, who reportedly urged him to
“collaborate” before any article was published, and then ordered him released.
The Special Rapporteur on the situation of human rights in the Democratic
Republic of the Congo mentioned the case in his complaints letter dated
30 December 1998.
299. Christophe Bintu and Bienvenu Kasole, two human rights defenders, are
said to have been arrested on 12 January 1999 and released from the camp at
Kokolo on 20 January 1999. They were allegedly beaten during their arrest.
Mr. Bintu's arm reportedly bled for two days but he received no medical
treatment. The Special Rapporteur on the situation of human rights in the
Democratic Republic of the Congo mentioned the case in his complaints letter
dated 15 March 1999.
300. Jean—Baptiste Makoko, treasurer of the Lotus Group, a non—governmental
organization concerned with human rights in Kisangani, was reportedly arrested
on 10 December 1997 by three soldiers who beat him. He was allegedly accused of
having photographed bodies of dead soldiers at Kisangani hospital and of working
in the field of human rights. He was reportedly released without charge on
16 December.
301. Albert Gilbert Bosangi Yema, editor—in—chief of the newspapers L'Arme and
L'Essor Africain , is said to have been arrested on 7 February 1998, allegedly
because of a L'Arme article criticizing the arrest of Joseph Olengha N'Koy,
president of a political movement called the Forces novatrices pour l'union et
la solidarité (FONUS) . He was allegedly accused of jeopardizing State security
and is said to have been taken to the Penitentiary and Reform Centre of
Kinshasa, formerly Makala central prison. He is a diabetic and suffers from
rheumatism, and his health has reportedly deteriorated during his incarceration.
He was allegedly hit with truncheons after his arrest and is said to have been
E/CN. 4/2000/9
page 64
sentenced by the State Security Court to one year's imprisonment on 1 June 1998.
In December 1998, he was reportedly transferred to Kinshasa General Hospital for
medical treatment.
302. Désiré Rugemanizi, chief of Kabare, was reportedly arrested in January
1998 together with several well-known individuals from Kivu du Sud for having
criticized human rights violations in the region. He was allegedly tortured by
mer ers of the National Intelligence Agency (ANR) in Bukavu before being
released in February 1998.
303. Floribert Chebeya Bahizire, president of the non—governmental
organization La Voix des sans—voix, was reportedly beaten in his home by armed
men in uniform in March 1998.
304. Oswald Hakorimana, a human rights defender in the Kivu du Nord region,
was allegedly beaten violently in March 1998 by soldiers who reportedly accused
him of collecting information on civilian massacres.
305. By letter dated 4 October 1999, the Special Rapporteur informed the
Government that he had received information on the following two cases.
306. Albert Nsinga reportedly died on 22 Decer er 1997 in a hospital in Kikwit
after having been tortured. He was allegedly arrested on 11 December and beaten
violently during his detention.
307. Fifi Ngombo is also reported to have died, on 29 November 1997, after
having been beaten and raped by soldiers while incarcerated in Kingoma prison in
Kikwit. She was allegedly accused of having had an abortion and arrested in
November 1997.
UrQent a inieals and replied received
308. On 12 January 1999, the Special Rapporteur sent an urgent appeal jointly
with the Special Rapporteur on the situation of human rights in the Democratic
Republic of the Congo and the Chairman/Rapporteur of the Working Group on
Arbitrary Detention concerning Louis BotorcJiili Kalome, vice—president of the
human rights defence organization Les Amis de Nelson Mandela (ANM) , who was
reportedly arrested on 7 January 1999 and taken to Gendarmerie headquarters in
Kinshasa, known as the “Circonscription militaire” or “Circo”. He was allegedly
arrested in connection with his efforts to promote human rights.
309. On 20 September 1999, the Special Rapporteur sent an urgent appeal
jointly with the Chairman/Rapporteur of the Working Group on Arbitrary Detention
concerning Merikas Wetemwami Katembo, a member of the Collectif des jeunes du
Sud—Kivu, who reportedly “disappeared” on 8 September 1999. He was allegedly
seen in the confinement cell of the Presidential Protection Unit in the area of
Gor é, Kinshasa.
310. On 6 October 1999, the Special Rapporteur sent an urgent appeal jointly
with the Special Rapporteur on the situation of human rights in the Democratic
Republic of the Congo concerning Urbain Nkwasandi, Rodolphe Matuka, Fidéle
Mizele, Mafutu Kizola, Rufin Konda, Henri Mindele, Patrice Kulenguluka and
several other persons whose names are not known to the Special Rapporteurs, all
mer ers of the Parti Lumumbiste unifié (PALU) who were reportedly arrested on
26 Septer er 1999 by the national police at the end of a political meeting held
E/CN. 4/2000/9
page 65
in the Ngiri Ngiri quarter of Kinshasa on the situation of 76 PALU members being
held incommunicado at the Penitentiary and Reform Centre (CPRK) in Kinshasa. The
individuals arrested on 26 Septer er have allegedly been accused of violating
the prohibition of political parties and are reportedly now being held in the
confinement cells (formerly known as “Circo”) of the provincial police
inspectorate in Kinshasa.
311. On 7 October 1999, the Special Rapporteur sent an urgent appeal jointly
with the Special Rapporteur on the situation of human rights in the Democratic
Republic of the Congo and the Special Rapporteur on the promotion and protection
of the right to freedom of opinion and expression concerning Kangundji Doudou, a
lawyer, who was reportedly arrested in Lubumbashi (Katanga) on 15 Septer er 1999
by mer ers of the security forces and taken the next day to the confinement
cells of the National Intelligence Agency (ANR) , External Department, in
Kinshasa, where he is allegedly being held in incorimunicado detention. He was
reportedly arrested because of his relations with one of his clients, Eugene
Kabongo Ngoy, who is allegedly also being held in incommunicado detention in the
ANR confinement cells because of his supposed links with the rebels. The Special
Rapporteurs also intervened on behalf of Léopoldine, reportedly arrested under
the same circumstances and for the same reasons and allegedly being held in the
ANR.
312. On 7 October 1999, the Special Rapporteur sent an urgent appeal jointly
with the Special Rapporteur on the situation of human rights in the Democratic
Republic of the Congo and the Special Rapporteur on the promotion and protection
of the right to freedom of opinion and expression concerning Feu d'Or Bonsange,
music editor, and Kala Bongamba, printer, both employees of the newspaper
L'Alarme , who are said to have been arrested on the morning of 27 September 1999
in Kinshasa by soldiers of the 50th Division. They were reportedly detained in
the private residence of a high—ranking military officer before being
transferred during the night of 2 October to the building known as “GLM”, which
is said to be an unofficial detention facility. The Special Rapporteurs also
intervened concerning Clovis Kadda, director of the same publication, who was
reportedly arrested on 22 September 1999 and interrogated in the military sector
of Kinshasa concerning a member of his family who is thought to be one of the
rebels. He was reportedly accused of fraternizing with the enemy and was
tortured. He is said to have been released the next day and to be hiding for
fear of a second arrest.
313. On 8 November 1990, the Special Rapporteur sent an urgent appeal jointly
with the Special Rapporteur on the situation of human rights in the Democratic
Republic of the Congo concerning Masengo wa Kambamba, who was reportedly
arrested on 23 October 1999 at the Mbuji—Mayi airport for owning a copy of a
report on the human rights situation in the Kasai region published by a local
human rights defence organization. She is reportedly now being detained by the
National Intelligence Agency (ANR) in the same cell as Charles Mfwamba (see
above)
314. On 10 Nover er 1999, the Special Rapporteur sent an urgent appeal jointly
with the Special Rapporteur on the situation of human rights in the Democratic
Republic of the Congo concerning Sister Antoinette Farhi Mzigire, a nun working
in Likasi, Katanga province, who runs the dispensary at Buluwo prison. She was
reportedly arrested in Lubumbashi by ANR agents, interrogated at ANR
headquarters in Katanga about humanitarian activities within the prison, and
then incarcerated.
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page 68
327. Camille Kissakoula is said to have died in a police cell at Kinkala in
Pool on 8 August 1998 because of the beating he received. He reportedly suffered
a cerebral haemorrhage and deep back wounds.
328. Jean—Paul Tsoumou, a customs inspector, is said to have died on
24 November 1998 after being beaten so violently that his pancreas was affected.
He was allegedly arrested for corruption in October 1998 in Pointe—Noire by
mer ers of the security forces.
329. Ngoma Dikamona and Igor Mayetely were reportedly beaten violently by
mer ers of the security forces who were pursuing Ninja fighters in Kingouari, on
the outskirts of Brazzaville, in October 1998. Other civilians, including Jean
Kimounga and Pacôme Tchakaka, were allegedly injured.
330. By letter dated 11 November 1999, the Government indicated that not only
was the Head of State committed to the battle against torture, but also, that
any act of torture or inhuman or degrading treatment was prohibited under
article 8 of the Constitution of 24 October 1997. It emphasized that no one had
yet appealed to the Congolese courts regarding the events outlined above, even
though the country had legislation offering numerous guarantees of human rights.
Specifically, the Government stressed the fact that under articles 28 and 29 of
the Constitution, the competent courts were entitled to rule on any violations
of fundamental rights and to take steps to repair the damage caused by such
violations.
331. The Government also pointed out that a number of violations had in fact
been committed by mer ers of the militias that had run rampant during the period
of tension and instability of the war in 1997 and in the armed attacks by
militias in December 1998 and early 1999.
332. Lastly, the Government informed the Special Rapporteur that the Republic
of the Congo has recently begun the procedure for acceding to the Convention on
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Cub a
ReQular communications and replies received
333. By letter dated 12 October 1999, the Special Rapporteur informed the
Government that he had received information on prison conditions that pointed to
serious deficiencies in the treatment of prisoners which were especially grave
in area of medical care, in terms both of lack of resources and of obstruction
by the authorities of the work of physicians. Information was given about the
resurgence in military camps of elements of the so—called military units for the
promotion of production. Specifically, complaints have been received about
precarious conditions in four units of the Youth Labour Army in Havana province;
in the prison of Las Grimas and the labour camp of Minint in Placetas, Villa
Clara province; in Matanera prison in Aguica, Colon; in the provincial prison at
Holgin; and in Boniato penitentiary in Santiago de Cuba.
334. Complaints have been receiving regarding the new structure of the
provincial prison at Guantanamo. Soldiers (whose names are known to the Special
Rapporteur) were identified as being responsible for the ill—treatment, by means
of punishment cells, insufficient and badly prepared food, lack of medication
E/CN. 4/2000/9
page 69
and medical treatment, negative religious counselling, threats, provocation and
beatings, of persons claiming the status of political prisoners.
335. With regard to political prisoners or prisoners of conscience, many
expressions of concern have been received about the measures allegedly used
against human rights defenders and journalists. According to the information
provided, they are the object of special harassment by the authorities by means
of arbitrary detention, threats, beatings and the imposition of severe
penalties, especially on charges of “mutiny against the State” and “disrespect
for the person of the Cuban President, Fidel Castro”
336. By the same letter, the Special Rapporteur transmitted the following
cases to the Government.
337. Milagros Cruz Cano, a blind crusader for human rights, has allegedly been
detained since 4 December 1998 under sub-human conditions in the psychiatric
hospital of Havana. She was reportedly taken to the above-mentioned hospital
after being brutally beaten by police officers at the La Maria Luisa station in
retaliation for her shouting of pro—liberty slogans during a peaceful
demonstration on 27 November that turned violent when security forces fell upon
participants. After numerous attempts her mother succeeded in speaking with her
and found evidence that her daughter had been subjected to ill-treatment. She
also spoke with two physicians, one of whom reportedly said, “She is not in ill
health but I can't let her go because this is a case referred by a police
station, where the young lady is accused of creating a public scandal”
338. Lázaro Constantin Durán, domiciled at Virtudes y Neptuno, Havana Vieja,
is said to have been beaten on 10 Decer er 1998 by five unidentified individuals
during the commemoration in Buttari Park of the signature of the Universal
Declaration of Human Rights. On the morning of the same day, his mother's house
was allegedly surrounded by members of State security forces, a situation that
prevailed until 11.45 p.m., after Mr. Lázaro Guzmán had already been beaten.
Also on 10 December, all persons trying to reach the house of Mr. Lázaro Durán's
mother were intercepted. A savage beating was inflicted by State security agents
on the activist Ernesto Gala Garcia in the vicinity of Buttari Park, where he
was going to participate in the same commemoration of the fiftieth anniversary
of the Universal Declaration of Human Rights.
339. Pablo Fidel Cabrera Bishop was allegedly detained on 29 November 1998 and
beaten by a police officer. He was reportedly kept in the cells of the National
Revolutionary Police of Calabazar, Boyeros, in terribly overcrowded conditions.
On 4 December 1998 he is said to have been sentenced by the court at Santiago de
las Vegas to two years' assignment to residence for the offence of vagrancy.
340. Juan Carlos Herrera Acosta was reportedly beaten by prison staff on
10 October 1998, Cuban independence day, when he shouted “Down with Castro” and
“Down with the Castro dictatorship”. He is reportedly being kept in the
provincial prison of Guantánamo in solitary confinement and under harsh living
conditions. Because of the beating he received he allegedly has an operable
thoracic wound. Consideration was being given to transferring him to a high—
security prison at Kilometre 8 in CamagUey province, although he resides in the
Guantánamo region.
341. Virgen Milagros Grillot was reportedly subjected to ill—treatment on
27 August 1998 by two unidentified individuals in civilian dress. They
E/CN. 4/2000/9
page 70
threatened her with abduction and she was taken from her workplace, located at
the intersection of Carretera Central and Avenida de Céspedes, to the police
station on Calle 10, Rpto. Zaldive, where the individuals identified themselves
as police officers with the surnames Elmes and Oyles. Ms. Grillot is said to
have been beaten by these officers even though she had a three-month-old girl in
her arms. The reasons for the ill—treatment may be related to the revulsion she
expressed when the same police officers mistreated a minor at the intersection
of Carretera Central and Calle 8.
342. Salvador Tamargo Jerez was allegedly subjected to a brutal beating by
First Lieutenant Alcides Fajardo de las Mangas on 11 June 1998 at the prison
known as Centro Tipico Las Mangas in Bayamo, Granma province. The lieutenant is
said to have assaulted Mr. Tamargo Jerez with a stick measuring one metre long
and three inches wide, causing a head wound that required six stitches. While
the prisoner lay unconscious, he was reportedly kicked and his hand fractured
with the stick described above. The events reportedly caused a nur er of anti—
government placards to go up in the prison at dawn on 13 June 1998.
343. In the same letter, the Special Rapporteur recalled a number of
allegations submitted in 1995, 1996 and 1997 regarding which no reply had been
received. The Government responded concerning some of these cases in its letter
dated 27 October 1999 (see below)
344. By letter dated 27 October 1999, the Government responded concerning some
of the cases transmitted by the Special Rapporteur in 1999.
345. Concerning the serious deficiencies in the treatment of prisoners, the
Government indicated that access to medical treatment is a constitutional right
accorded to every Cuban.
346. Concerning units of the Youth Labour Army, it indicated that they
constitute an honourable form of social service and that conditions are similar
to those in other army units.
347. The Government pointed out that Guantanámo prison and others throughout
the country were inspected by the competent authorities and the Procurator—
General's Office, something which made any type of ill—treatment impossible.
348. It indicated that the allegation of harassment of human rights defenders
and journalists was without substance, because true human rights defenders had
all the scope they needed for their activities through their participation in
the Cuban Parliament.
349. The Government further indicated that all guarantees of due process were
provided. As for individual cases, it announced that it would carry out the
necessary investigations.
Follow—un to previously transmitted corimunications
350. By letter dated 27 October 1999, the Government replied that the
allegations of torture transmitted by the Special Rapporteur in 1995, 1996 and
1997 were not substantiated in his report and that the rigorous investigations
carried out demonstrated that they were false.
E/CN. 4/2000/9
page 71
Observations
351. The Special Rapporteur regrets that the Government has not provided the
Special Rapporteur, and through him, the Commission, with the details of the
organs, nature, methodology and case details of the investigations undertaken
into the numerous cases transmitted to the Government over several years.
Djibouti
ReQular communications and replies received
352. By letter dated 3 September 1999, the Special Rapporteur informed the
Government that he had received information on conditions of detention at Gabode
prison in Djibouti that allegedly jeopardized the health and even the lives of
prisoners there. They reportedly received little food and water and were held in
overcrowded cells measuring two square metres. Many prisoners were said to be
ill but a physician visited the prison only twice a month. Most prisoners,
particularly those mentioned below, had been denied transfer to hospital for
proper medical treatment. Abdi Houfanen Liban allegedly died on 12 March 1999
for lack of appropriate medical treatment. Mohamed Daoud Chehem was reportedly
losing his sight. Kamil Mohamed Ahmed allegedly suffered from partial paralysis
of the face. Haissama Idriss Hamid, Aboubaker Mohamed Ayoub and Houssein Ali
Mohamed Ayoub reportedly sustained gunshot wounds. Ali Ahaw Houmed also
allegedly suffered gunshot wounds and had contracted tuberculosis. Farah Ali
Rirache had pneumonia and Robleh Farah Arreh, malaria. Aden Hassan Houmed is
said to have suffered gunshot wounds and paralysis of the right arm. Daoud Ahmed
Ali reportedly suffered gunshot wounds and partial paralysis. A number of the
prisoners allegedly went on a hunger strike in June 1998 to protest their
detention conditions.
Ecuador
ReQular communications and replies received
353. By letter dated 12 October 1999, the Special Rapporteur transmitted to
the Government information on Victor Javier Icaza Olmedo. He was allegedly
detained without judicial order in the city of Guayaquil on 2 February 1999 on
the authority of a naval officer and by members of the Naval and Police Forces.
During his transfer in a navy vehicle to the San Eduardo naval base, he was
allegedly kicked and punched repeatedly. Upon arrival at the naval base he was
reportedly hit in the chest and testicles. Family members and representatives of
non—governmental organizations were prevented from visiting him on the day he
was detained at the base. They reportedly found him at the preventive detention
centre in Guayaquil on 3 February. He had allegedly not received medical
treatment. On 4 February, the Sixth Criminal Court reportedly ordered the
judicial police chief and an official from the preventive detention centre to
release him. The order was not carried out until 7 February 1999. Following his
release, Mr. Icaza Olmedo reportedly had to undergo surgery.
UrQent a inieals and replies received
354. On 10 March 1999, the Special Rapporteur sent an urgent appeal jointly
with the Special Rapporteur on extrajudicial, summary or arbitrary executions
concerning Washington Fernando Aguirre Freile, Christian Steve Ponce and Sergel
Merino, who were allegedly detained on 18 and 19 February 1999 in connection
E/CN. 4/2000/9
page 72
with the assassination of opposition parliamentarians Jaime Hurtado Gonzalez and
Pablo Vicente Tapia Faingnago as well as Borja Nazareno. Mr. Aguirre Freile, who
is currently undergoing treatment at the police hospital, is expected to be
returned to military custody.
Follow—un to previously transmitted communications
355. By letter dated 14 April 1999, the Government responded on some of the
cases transmitted by the Special Rapporteur in his letter of 5 November 1998
(E/CN.4/1999/61, paras. 182-189).
356. Concerning Victor Gonza Pena, Julio Calle Moscol and Anita del Rosario
Sierra Rojas, the Government indicated that, after investigation by a special
commission consisting of the Ministers of the Interior, Foreign Relations and
Defence and the Attorney—General's Office, it was determined that information
was available only on prior complaints to the Government and that there was no
additional documentation substantiating or supplementing such information.
357. The governmental commission found no information on the other five cases
(E/CN.4/1999/61, paras. 184-188).
E c wi t
ReQular communications and replies received
358. By letter dated 17 November 1999, the Special Rapporteur advised the
Government that he continued to receive information according to which security
forces torture and mistreat suspects. The methods of torture and ill—treatment
reportedly include the following: detainees being stripped naked; hung by their
wrists with their feet touching the ground or forced to stand for prolonged
periods; doused with cold or hot water; beaten; forced to stand outdoors in cold
weather; and subjected to electric shock treatment. Torture is reportedly used
to extract information, coerce the victims to end their anti—government
activities and deter others from such activities.
359. Prison conditions are reported to be life threatening as a result of
severe overcrowding and poor sanitary conditions. Medical services are also
reported to be insufficient. These conditions reportedly lead to the spread of
disease and epidemics. The use of torture and ill—treatment was also reported to
be common in prisons. According to the information received, at least 11 persons
died in prisons in the country during 1999 as the result of medical negligence
on the part of prison authorities. The names of these persons are: Hassouna
Gaber Abdel Latef, Magdi Mohammed Abdul Magsould Afifi, Sa'eed Mohammed Mohammed
Fathi Abdul Aziz Pkdul Wahid PJidalla, Pku BaRr Sa'ad Mahmoud, Hamid Fathi Abdul
Aziz, Ali Abdel Nasser, Fathi Ali Orman, Fathi Abdel—Aziz Ibrahim, Sa'eed Eid
Mohammed Eid Adam and Mahmoud Nour Eddine.
360. The Special Rapporteur has received several reports of the detention of
hundreds of citizens in the largely Coptic Christian village of al—Kush in Sohag
governorate, including relatives of suspects, women and children, during the
investigation of a double murder of two Copts on 14 August 1998. The local
Christians reportedly identified the killers as two Muslims from a nearby
village, but the police are alleged to have detained over 1,000 Christians
during the investigation. Individuals were allegedly given electric shocks,
whipped and hung upside down. Several were reportedly hung from the ceiling for
E/CN. 4/2000/9
page 73
entire evenings. The Special Rapporteur has received a list of hundreds who were
allegedly tortured during the two-week period, including the following
individual cases: Romani Boctor, aged 11, was allegedly tied to a ceiling fan
and then the fan was switched on; Aresl Shaiboob was allegedly detained on
17 Septer er 1998 and subjected to torture, including being hung upside down by
his feet and beaten and tied to a chair and given electric shocks to sensitive
parts of his body; Abdu Mikhael Miliki was allegedly held in detention without
being charged and subjected to torture in order to force him to implicate Aresl
Shaiboob. The police are also reported to have threatened to rape his mother.
His mother, Resmiya Guirgis, and his two sisters, Nasra and Marzouka, aged 16,
were also tortured with electric shocks and were threatened with having their
clothes removed. Samira Ghattas Sergious was allegedly arrested on 15 August
1998 and beaten with a bamboo rod; her husband was reportedly arrested at the
same time and was allegedly subjected to electric shocks to his ears and
fingers; their child (born in June 1997) , Gamal Moris Shukr—allah Murgus, is
said to have received a bar oo rod blow on his back, which reportedly left a
visible mark.
361. The Special Rapporteur has also received reports alleging that the
following seven individuals died in police custody as a result of torture:
Mahmoud Fares reportedly died on 30 April 1998 as a result of torture while
detained in a prison in Port Said. Gamal Mohammed Abdallah Mustafa reportedly
died on 26 September 1998 as a result of torture during an investigation by
police in the Cairo suburb of Ma'adi. Sa'eed Sayid Abdel Aal—Salim reportedly
died on 17 April 1999 in El-Omraneya police station, Giza. Ahmed Mahmoud Mohamed
Tarimam reportedly died on 21 July 1999 in El—Omraneya police station, Giza. Hany
Kamal Shawky reportedly died on 21 April 1999 in El-Azbakeya police station,
Cairo. Hamdy Ahmed Mohamed Askar reportedly died on 16 February 1999 in Al-
Mansoura General Hospital, where he had been transferred from Mansoura I police
station. Amr Salim Mohamed reportedly died on 17 July 1999 in El—Khosous police
station, El—Khanka, Kalyoubeya governorate.
362. The Special Rapporteur has received information on the individual cases
surimarized below.
363. Abdel-Hayy Mohamed Abu-Bakr was reportedly arrested at his home on
6 February 1998 on charges of counterfeiting currency. He was allegedly taken in
a police vehicle to the Aswam police station, where his clothes were stripped
off and he was tortured while the police questioned him on the location of the
counterfeiting device. He was allegedly blindfolded and then beaten with hands,
sticks and whips; hot and cold water was poured on his naked body; he was given
electric shocks on his penis, anus, toes and other parts of his body; he was
suspended from a door with his legs and arms tied; and the police tried to
insert something into his anus. He reportedly complained to the prosecution
about his arrest and treatment on 14 February 1998. The Aswan Health Department
recorded that bruises on his body had been caused by “collision with a solid
body” and small grazes on the right hand were the result of electric shocks, and
that the wounds were about a week or 10 days old. Although local organizations
reported the incident to the Public Prosecutor and the Minister of the Interior
on 16 Septer er 1998, the Chief Attorney General reportedly ordered the closure
of the investigations into the allegations of torture.
364. Yousif Sayid Mahmoud was allegedly tortured at the Kalyoub police station
on 7 March 1998. He had reportedly gone to the police station to report the
disappearance of his wife. He, however, was reportedly arrested and a police
E/CN. 4/2000/9
page 74
assistant and three other police officers began to beat him. Two wires were
allegedly clipped to each of his ears and then connected to what was described
as looking like a telephone. When the telephone receiver rotated, he reportedly
received an electric shock. His hands and legs were then allegedly tied and his
feet were beaten with clubs. On the evening of the same day, his nephew, Mohamed
Ismael Bakr, was summoned to the police station and was subjected to similar
treatment by the same police officers. Following their release on the following
day, they reported the torture to the Kayloub prosecution office. Forensic
examinations ordered by the prosecution concluded that the wounds corresponded
with what would result from direct contact with electricity. The Attorney
General is reported to have decided to close the case, despite the findings of
the forensic report.
365. Fathi Basyouni Mohamed was allegedly subjected to torture by an officer
of the criminal investigations unit of Kafr Al—Sheikh Security Directorate on
9 June 1998. After being held for five hours, he was allegedly attacked by the
criminal investigations officer and a number of detectives. They allegedly beat
him with fists and sticks, and kicked him severely on the face and other parts
of his body. As a result, he reportedly suffered a fracture of the left arm and
visible bruises in several parts of his body. The head of the Lawyers Syndicate
in Kafr Al—Sheikh reported the incident to the Kafr Al—Sheikh Prosecution
Office.
366. Mohamed Saeed Mohamed was allegedly detained and tortured by a police
officer from Al—Zawya Al—Hamra on 12 and 13 June 1998. The police officer, who
arrested him, was reportedly not satisfied when Mohamed gave him his passport
and verbally assaulted Mohamed. When he objected to the verbal assault, the
officer allegedly ordered guards to throw him in a police car and he was taken
to the police station. At the police station he was allegedly beaten with
sticks, kicked and tied to the falaka , a torture instrument used to facilitate
beating on the feet. On 14 June he reportedly filed a complaint with the Public
Prosecutor which was referred to the North Cairo Prosecution. An examination
carried out on 15 June 1998 reportedly found that he had fractures to the jaw
and teeth, bruises on the buttocks and face, beneath the right eye, and wounds
on the left arm and leg.
367. Sayid Abdalla Soliman was reportedly arrested on 6 September by policemen
from the Basateen police station in front of his home in the Cairo district of
Dar Al—Salaam. He, along with his mother, sister and brother, were allegedly
taken to the Kars Al-Nil police station to be questioned about a theft with
violence reported by a woman for whom his mother worked as a cleaner.
Reportedly, when he was asked his whereabouts at the time of the theft, he
stated that he was visiting a relative, Akram Mohamed Hassan in Al-alam City.
The police then allegedly arrested Akram, his two brothers, Hani and Emad
Mohamed Hassan, and took them to the Kars al—Nil police station. All of them
were allegedly handcuffed, suspended from the door of the detention room and
beaten on several parts of the body. It is further reported that Mohamed Ahmed
Ali, the brother—in—law of Sayid Abdalla Soliman, was arrested. Moreover, on the
following day the wife of Sayid Abdalla Soliman, Mervat Mohamed Hassan, was
allegedly detained when she visited the police station to enquire about her
husband. The police allegedly threatened her with rape, and attacked her to
force her to make a confession against her husband. The police allegedly
arrested two other relatives of the accused, and detained and beat them in the
station to extract information from them about the theft. Nine of those arrested
were subsequently released, reportedly on condition that they reported to the
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station, while three were allegedly transferred to an unidentified place. The
police chief denied the detention of any of the persons in the station when two
lawyers made inquiries. The detention was also reported to the Chief Prosecutor,
who the lawyers requested to visit the Kasr Al—Nil police station. Further, on
11 Septer er 1998, notification was filed with the Attorney General of Central
Cairo to investigate the incident and on 13 September notification was filed
with the Public Prosecutor.
368. Mostafa Gad Al—Karim Mostafa was allegedly subjected to torture in the
Heliopolis police station on 15 September 1998. He and others were reportedly
arrested and held by the investigation unit of the Heliopolis police station
when a neighbour died of a heart attack during an argument between Mostafa and
the neighbour. The police allegedly removed his clothes, tied his hands and legs
and beat him on the feet after being tied to the falaka . The Heliopolis
Prosecution Office reportedly examined his injuries on 16 September 1998 and
ordered that he be examined by a forensic doctor on 21 September 1998. Further,
notification was reportedly filed with the Assistant Public Prosecutor and a
report was sent to the Attorney General, who reportedly referred the victim to
the head of the Heliopolis Prosecution Office.
369. Mahmoud Sami Mohamed, Rabba Atta Ibrahim, Nagwa Fadl Tawfeek and Shaaban
Sami Al—Rayis were allegedly arrested on 10 October 1998 by police from the Al—
Hawamdya police station in order to coerce them to give information on the
hiding place of three fugitives, who were their neighbours, who had escaped from
the police station. Mahmoud Sami Mohamed was held in detention from 10 to
14 October and tortured in the office of the head of the investigation unit. He
was allegedly blindfolded, his hands tied behind his back, beaten with sticks
and administered electric shocks on several parts of his body. Further, one of
the officers allegedly threatened to rape his wife in front of him if he did not
speak. Medical reports issued by the Badrashein Hospital indicate that he
suffered bruises on his right shoulder and arm, bruises on the left elbow,
bruises on the right knee and thigh, a wound above the right wrist and bruises
and marks on the back, beneath the neck. Rabha Atta Ibrahim was also allegedly
held from 10 to 14 October and tortured in the office of the head of the
investigations unit, reportedly in order to force her to give information about
the whereabouts of the three fugitives. The police allegedly beat her on the
feet with a stick after tying her to the falaka , cut her hair, punched her
shoulders, kicked her and tied her hands and legs and gave her electric shocks.
The medical report indicates that she suffered a bruise on the upper right arm
and bruises and swelling on both knees. Nagwa Fadl Tawfeek was reportedly
arrested on 10 October and taken to the police station where the police are
alleged to have removed her head cover, beat her face with their hands, and then
tied her legs and raised them while they beat her feet with a stick for
approximately 15 minutes. She was then allegedly ordered to stand up and she was
beaten on her head and entire body with a stick. Further, an officer allegedly
attempted to remove her clothes and touch her breasts and threatened to rape
her. Sahaaban Sami Al—Rayis, the brother of one of the fugitives, was reportedly
arrested on 10 October and taken to the police station. He was allegedly beaten
and kicked in the genitals when he was unable to provide information on the
whereabouts of his brother. He was then allegedly taken to the investigation
office, where he was blindfolded, his hands tied to the falaka , and an electric
wire was connected to his body. Whenever he said he did not know where his
brother was, the police allegedly connected the current. He was reportedly
subjected to electric shocks for half an hour and then water was poured over
him. All of the above—named individuals were reportedly released on 15 October
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1998 and notification was filed with the Public Prosecutor, the Minister of the
Interior and the Badrasheen Prosecution Office. On 18 October the Badrasheen
Prosecution Office is reported to have begun an investigation of the allegations
and ordered that the complainants be examined at the Badrashein Hospital.
370. Zenhum Mohamed Badr was reportedly arrested on 29 July 1998 on charges of
killing a girl in the village of Ghazal. He was reportedly questioned by a major
at the electricity police station about the disappearance of a girl from the
village on 22 July 1998. When he denied knowledge of her whereabouts,
detectives, acting under orders of a major, allegedly removed his shirt, tied
his hands behind his back and then tied him to a door for an hour with his legs
were reportedly bound with his belt. He was then reportedly taken to the major,
where he was suspended from the door for four hours before being subjected to
electric shocks on his penis. He reportedly confessed to the crime, and when the
body of the girl was not found, he was allegedly subjected to further beatings
with electric cable and suspended. As a result of the torture, it is reported
that he confessed a second time and took the police to a field where he stated
he had buried the girl. When the body was not found, he was returned to the
station and again beaten. On 2 August he was reportedly taken to the Public
Prosecutor and made another confession, and then to the Al—Abadya prison in
Damanhour. On 18 August the girl reportedly re-appeared. The major allegedly
threatened to put him on military trial if he reported the torture and,
therefore, he initially informed the prosecution that he had confessed because
of low morale. He subsequently filed a complaint with the Keleen prosecution.
His brother, Ibrahim Mohamed Badr was allegedly detained and taken to the
telephone office in the village along with his mother and wife. They were also
questioned about the disappearance of the girl and then taken to the Keleen
police station where he was allegedly kicked and punched in front of his mother
and wife to extract a confession of participating in the murder. He was then
allegedly tied and beaten while suspended from a door. He, his mother and wife
were then reportedly transferred to Damanhour police station. Another brother,
Fouda Mohamed Badr was allegedly arrested when he went to visit his brother at
the police station. It is reported that his hands were tied behind his back and
he was suspended from the door of the room. He was then allegedly tied to a
falaka and his feet were beaten. Later he was allegedly suspended for several
hours by a wire from a tree in the station yard. He was then transferred to the
Damanhour police station, where he was allegedly subjected to electric shocks.
During the ill—treatment, police allegedly asked him to confess to murder.
371. Shaaban Mohamed Abdel—Gawad allegedly died as a result of torture
inflicted by police at the Kalyoub police station on 13 December 1998. The
police reportedly arrested 21 people who were considered suspects in the murder
of a 60—year—old woman in the village of Ramada. All were allegedly detained for
four days and subjected to ill—treatment or torture to force them to confess or
give information about the killer. Shaab Mohamed Abdel-Gawad was allegedly
subjected to electric shocks, beaten and kicked. As a result of the torture, he
reportedly confessed to the murder of the woman and theft of her gold but
despite the confession, police reportedly continued to beat him with water hoses
and give him electric shocks. Police officers allegedly attempted to bury the
body of the victim without informing his family or the people of his village,
but villagers reportedly intervened. Mohamed Sayid Mahmoud Eweida, who was
amongst the 21 persons detained as suspects in the same murder case was
allegedly subjected to torture by the police in Kalyouba police station. An
electric wire was allegedly connected to his toe and another to his mouth, penis
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and testicles. He was allegedly subjected to electric shocks and beaten for
three hours to force him to confess to the murder and theft.
UrQent a inieals and replies received
372. On 29 January 1999, the Special Rapporteur sent an urgent appeal on
behalf of Ahmad Hassan Badi'a, Ala' Hassan Badi'a, Yassir Hassan Badi'a, Magdi
Fahmi and Muharimad Farag. On 11 January 1999, Ahmad Hassan Badi'a, Magdi Fahmi,
Muhammad Farag and 12 other Egyptian men had reportedly been arrested in Kuwait
and forcibly returned to Egypt. The Kuwati authorities had reportedly accused
these men of subversive acts to destabilize the security and stability of
Kuwait. They were reportedly being held at the State Security Investigation
Department (SSI) in Lazoghly Square, Cairo. On 15 January 1999, Ala' Hassan
Badi'a and Yassir Hassan Badi'a, brothers of Ahmad Hassan Badi'a, had reportedly
been detained and were believed to be held at the SSI headquarters in Zaqaziq,
Sharquiya province.
373. On 2 February 1999, the Special Rapporteur sent an urgent appeal on
behalf of Ibrahim Mohamed Ibrahim who was currently held at the Al—Istinaf
prison, where he was serving a four—year sentence. He was allegedly suffering
from a gangrenous lower jaw, due to a bullet with which he had been shot at the
time of his arrest and that had not been removed. He was therefore reported to
be suffering from purulent bleeding and constant fever, and from tuberculosis.
He was allegedly denied appropriate medical care.
374. On 9 February 1999, the Special Rapporteur sent an urgent appeal on
behalf of Dr. Abdel—Monim Abu Al—Fotouh, the Secretary General of the Arab
Doctors Union, who was reportedly suffering from arteriosclerosis, kidney
problems and a stomach ulcer; Dr. Prof .Mohamed Al—Sayid Habib, a 56—year—old
professor of Geology and head of the Faculty Club at Assyut, who was reportedly
suffering from diabetes and chronic kidney problems; Khayrat Al—Shater,
a 50—year—old engineer and head of the Board of Directors of Salsabeel Computers
Company, who was reportedly suffering from a spinal deficiency;
Dr. Prof. Mahmoud Ahmed Omar Al—Arini, the 73—year—old former Dean of the
Faculty of Agriculture at Al—Azhar University, who was reportedly suffering from
kidney problems and general health problems due to his age; and Mahmoud Abu
Rayya, the 76-year-old head of the Personnel Department at the Arab League, who
was reportedly suffering from kidney failure and general health problems due to
his age. They were all serving sentences at the Mazrait Tora prison on charges
of belonging to the Muslim Brothers Group. Their health conditions had allegedly
been seriously deteriorating and they were allegedly being denied medical
treatment.
375. The Government replied to the urgent appeal on 27 Septer er 1999 with
information on each of the five men.
376. Concerning Dr. Abdel Moneim Abu al-Fotouh Abdel Hadi, the Government
replied that he had been sentenced to five years' imprisonment with hard labour
in military felony case nur er 11/95, and that he was suffering from
arteriosclerosis for which he was being treated at the Tura penitentiary
hospital where he had undergone electro cardiology, blood tests and
arteriography. The Government further replied that he had previously been
referred to Manyal University Hospital where he was detained from 22 February to
8 April 1997 for treatment of angina pectoris. His treatment at the Manyal
University Hospital included a catheterization operation (widening of the
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coronary artery) . The Government indicated that he was currently receiving
treatment consisting of arterial dilation, hypertension reduction and medication
for respiratory problems. The Government indicated that his condition was stable
and that he was preparing to sit a number of examinations as part of his
enrolment in the Faculty of Law at Cairo University and Faculty of Commerce at
Helwan University. He had already sat an examination for a public health diploma
at Cairo University. The Government informed the Special Rapporteur that he had
been granted leave of absence to sit an examination for the British Royal
College of Medicine's fellowship degree in paediatrics on 1 October 1997.
Concerning Dr. Muhammad al-Sayyid Ahmed Habib, the Government replied that he
was sentenced to five years' imprisonment with hard labour in military felony
case number 8/95. The Government informed the Special Rapporteur that the state
of his health was normal and that he is being treated for a high blood sugar
level. He had previously received treatment for salt in his urine and for
sinusitis.
377. Concerning Muhammad Khairat Saad Abdel Latif al-Shater, the Government
replied that he was sentenced to five years' imprisonment with hard labour and
was receiving treatment for hypertension and high cholesterol and triglyceride
levels, but otherwise his condition was stable.
378. Concerning Dr. Mahmoud Ahmed Omar al-Arini, the Government indicated that
on 24 July 1996 he was examined by the chief medical officer of the Tura
penitentiary as he was complaining of pains in his lower back and knees. The
medical examination showed that he was suffering from geriatric disorders for
which he was given appropriate medical treatment. The Government replied that he
was again examined by a doctor on 11 August 1998 as he was suffering from
urinary retention. The Government indicated that he was then sent to the Manyal
University Hospital at Cairo for the urgent insertion of a urinary catheter.
After numerous medical tests, the Government indicated, he underwent an
operation for the removal of an enlarged prostate on 13 August 1998 and was
returned to the penitentiary on 15 September 1998 after his state of health had
improved.
379. Concerning Mahmoud Ali Abu Rayya, the Government indicated that he was
sentenced in State security case nur er 5/96 and later released on 2 June 1999
after serving his sentence. The Government informed the Special Rapporteur that
on 9 May 1996, he was sent to Manyal University Hospital as he was suffering
from an enlarged liver, abdominal “dropsy”, swelling of the legs and was unable
to concentrate. He was retained for treatment and medical observation until
15 May 1996. The Government further replied that, on 24 November 1996, he was
sent back to the Manyal University Hospital for a check-up, tests and x-rays of
his oesophagus, liver and digestive system. The results of the tests were that
the majority of his internal organs were in good condition except for his liver
and spleen, which were slightly enlarged. The Government noted that he was given
appropriate medical treatment. He received further treatment on 11 Decer er 1996
at the Tura penitentiary hospital for suspected epidemic hepatitis, and on
15 May 1997 he was returned to Manyal University Hospital for medical tests
including x—rays of his prostate, which, after being found to be enlarged, was
treated with appropriate medical treatment. The Government further stated that
on 3 March 1998 he was examined by a specialist at the Tura penitentiary
hospital for a nasal obstruction. The treating physician advised against a
surgical operation as he was suffering from liver failure and anaesthesia might
have placed his life at risk. Finally, the Government replied, on 17 March 1999
that he was examined by an ophthalmologist at the prison hospital for an
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immature cataract and high pressure in the fundus of his eye. The Government
replied that he had received appropriate medical treatment which had improved
his health.
380. On 26 July 1999, the Special Rapporteur sent a joint urgent appeal in
conjunction with the Chairman-Rapporteur of the Working Group on Arbitrary
Detention on behalf of Atif Ali Farghaly who had reportedly been detained since
15 March 1993 under an administrative order, allegedly for being a member of Al—
Gamaa Al—Islmeya, a reported Islamic militant group. He had never been formally
charged or sentenced. He was reportedly held in Abu Zaabal (Shadid El—Heras)
prison, in Qalioubeya district. A medical report from the Cairo University
Hospital dated 6 July 1999 reportedly concluded that he had contracted
tuberculosis. He is reported to be very weak and exhausted, and to have been
denied medical treatment.
381. On 5 August 1999, the Special Rapporteur sent an urgent appeal on behalf
of Magdi Ibrahim al—Sayyid al—Naggar, an Egyptian national who was a legal
resident working in Saudi Arabia since 1991. He was reportedly originally
charged in the “Returnees from Albania” trial, but he was acquitted of all
charges in absentia in April 1999. Saudi Arabian authorities forcibly returned
him to Egypt on 30 July 1999. He was reportedly arrested due to the fact that
his brother, Ahmad Ibrahim al—Sayyid al—Naggar, is allegedly a mer er of the
armed Islamist group al-Jihad (Holy Struggle) . He is allegedly being held in
incommunicado detention at the State Security Investigation Department (SSI)
headquarters in Lazoghly Square, in Cairo.
382. On 11 August 1999, the Special Rapporteur sent an urgent appeal on behalf
of Talaat Moharimed Ibrahim, who had reportedly been detained on 7 January 1994
and since that time had been held in several prisons before being transferred to
Damanhour, where he was currently held in detention. As a result of spinal
pains, he reportedly cannot move. He was also reported to be unable to speak,
his breathing was short and shallow and he was extremely weak. In spite of his
condition, the prison administration has allegedly refused to admit him to a
hospital or provide necessary medication or treatment.
383. On 5 November 1999, the Special Rapporteur sent an urgent appeal on
behalf of Abdel Hakeem Marwan Sedeek, Ahmad Pkdel Rahman Abdel Raheem and Saad
Mohammed Hasab El Nabi. Abdel Hakeem Marwan Sedeek, who was reportedly jailed on
31 November and is currently being held at Damanhour prison, reportedly suffers
from tuberculosis, severe asthma and stenosis. The prison administration has
reportedly denied him access to external medical care. Ahmad Abdel Rahman Abdel
Raheem, who was reportedly jailed on 14 January 1995 and is currently held in
Wadi El Natroun 1 Prison, reportedly suffers from heart, kidney and rheumatoid
problems. Saad Mohammed Hasab El Nabi, who was reportedly jailed on 21 March
1995 and is currently held in Wadi El Natroun 1 Prison, has disk prolapse which
causes him severe pain.
Follow—un to previously transmitted corimunications
384. The Government replied on 6 April 1999 to cases transmitted by the
Special Rapporteur on 5 November 1998 (see E/CN.4/1999/61) and 28 April 1997
(see E/CN.4/1998/38/Add.1).
385. Concerning prison conditions (see E/CN.4/1999/61, para. 191), the
Government replied that it was unable to provide the Special Rapporteur with
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information on the maximum security prison since neither specific incidents nor
dates were mentioned in the communication to the Government. The Government
further indicated that there is no evidence that any complaints were filed with
the competent authorities.
386. The Government replied to a number of individual cases previously
transmitted.
387. Concerning Waheed El-Sayid Ahmed Abdulla (ibid., para. 194), the
Government replied that he was arrested on 9 April 1998 by the head of the
Belgas Investigation Department on suspicion of theft. The Government indicated
that during questioning at the police station, he took ill and was returned home
where he died that day. An investigation was corimenced by the Department of
Public Prosecutions. Witnesses have been questioned and an autopsy report has
been ordered. The Government stated that the Prosecutor detained the head of the
Belqas Investigation Department along with other members of the Department,
initially for 15 days and later a further 45 days, after which time they were
released on bail. Pursuant to a ministerial decision, an officer was suspended
until the conclusion of the investigation. A case against the members of the
Investigation Unit has commenced, but the hearing dates have not been set.
388. Concerning Adem Mahmoud Adem (ibid., para. 196), the Government replied
that on 26 November 1996, a detective sergeant from the Moharram Bek police
accompanied by a detachment of police officers approached him to ask his
identity when they saw him on the street and deemed him to be suspicious. The
Government replied that when the officers approached him, he suddenly fainted
and was taken to the Coptic Hospital where he died. The hospital reported the
incident to the police and an administrative report (number 14766/1996) was
prepared. Thereafter, the Department of Public Prosecutions conducted an
investigation, which included interviews with the deceased's nephews and other
persons accompanying him at the time of the incident. His nephews told the
investigation that two of the officers pulled their uncle causing him to fall
and then dragged him, before leaving him when they saw that he had an artificial
leg. They said that officers then took him to the hospital where he died. The
Government stated that the detained suspects who were with the detective
sergeant were questioned and denied that there had been any act of aggression
against the deceased, as did the police officers and detective sergeant
involved. The Government indicated that the forensic examination revealed the
cause of death was pathological and caused by a recent blood clot in the
coronary artery which may have been escalated, but in a normal healthy person,
not caused by intense emotion resulting from the incident. The Government
finally replied that on 4 January 1997, the Department of Public Prosecutions
closed the case as the death was the natural result of a pathological condition
and as there was no proof that he was dragged on the ground.
389. Concerning Ahmed Mahmoud Youssif (ibid., para. 204), the Government
replied that he was arrested on 25 May 1997 by an officer from the Zagazig
police station for harassing citizens. The Government indicated that he was
carrying a sharp knife, which was confiscated. He was later released and
submitted a complaint (number 5150/1997) of having been beaten during his arrest
by the officer in charge of the Zagazig police station, citing two witnesses. An
investigation conducted by the Department of Public Prosecutions revealed an
injury to his upper back. The Prosecution recommended that the case be closed
and the charges dropped due a discrepancy between the findings of the
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investigation and those in a medical report, as well as on the basis that his
affirmations were inconsistent with the account given by his witnesses.
390. Concerning Mohammed Mohammed Naguib Abu-Higazi (ibid., para. 211) and
Abdel—Salaam Hassan Hassan Omar (ibid., para. 205), the Government replied that
they were arrested on 17 September 1997, pursuant to an order by the Minister of
the Interior acting under the Emergency Law. The Government indicated that they
were students and mer ers of a terrorist group and that they were released on
25 Septer er 1997. The Department of Public Prosecutions corimenced an
investigation and when the two individuals were questioned, they complained of
having been unlawfully detained and beaten, but traces of the injuries had
disappeared. Officers denied the accusations made against them. The Government
informed the Special Rapporteur that after the documents submitted were
reviewed, the correctness of the measures taken against the two men was
confirmed and their allegations were refuted, so the investigation was closed
with the Assistant Attorney—General's approval on 17 February 1998.
391. Concerning Muhammed Abdel Sattar Hafez (ibid., para. 207), the Government
replied that he was arrested at his home on 17 September 1997 pursuant to an
order by the Ministry of the Interior and later released on 25 Septer er 1997.
It indicated that he was a student and mer er of a terrorist group. The
Government informed the Special Rapporteur that he filed a complaint alleging,
inter alia , that he had been beaten and an investigation was commenced but the
traces of his injuries had disappeared. Officers were questioned and denied the
allegations. The Government stated that a review of the documentation, and an
examination of police station records confirmed that correct measures had been
taken, and his allegations were refuted. Accordingly, the investigation was
closed with the Assistant Attorney—General's approval on 17 February 1998.
392. Concerning Magdi Adbel-Moneim Ahmed (ibid., para. 208), the Government
replied that he submitted a complaint to the Department of Public Prosecutions
(number 7737/1998) alleging, inter alia , that criminal investigation officers
from the al—Sahel police station arrested, searched and tortured him to make him
confess to theft, and arrested his wife, the doorman of the building and others.
The Government indicated that the complaint was referred to the medical
examiner, who found his injuries could have been caused in the manner alleged in
his complaint. The Government further indicated that although he later withdrew
his complaint, it is still being investigated along with a complaint submitted
to the Department of Public Prosecutions by his wife.
393. Concerning Gomaa Abdel-Aziz Mohammed Khalil (ibid., para. 210), the
Government responded that he was accused on 11 July 1998 of operating a place of
prostitution and brought before the Department of Public Prosecutions, which
ordered his remand on custody pending an investigation. He was released on
24 March 1999. The Government advised that he has not submitted any complaint of
ill—treatment.
394. Concerning Emad Shehata Abdel-Fattah (ibid., para. 213), the Government
replied that he was arrested with a warrant on 30 April 1997 for larceny. The
Government indicated that he filed a complaint (nur er 5420/1998) and the
Department of Public Prosecutions began an investigation including into
statements that he had been beaten by a stick and was tied up by a chain. The
officers accused of ill—treatment denied the allegations. The Government further
replied that he had been examined by a health inspector, who had found three-
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day-old bruises on his lower lip which he would have sustained the day prior to
his arrest. The Department therefore decided to close the file on the complaint.
395. Concerning Add—Basset Ahmed Hassab Abdel—Moniem (ibid., para. 215), the
Government responded that he had been charged with operating an unlicensed
coffee shop and other charges, which were referred for criminal prosecution on
24 July 1997. The Government further replied that no complaint alleging torture
had been submitted by him to the Department of Public Prosecutions.
396. Concerning Nasr Awad Mohmoud (ibid., para. 221), the Government replied
that he had been arrested on 13 November 1997 by the Investigation Unit of the
Kom Or o police station, Aswan, in accordance with a warrant for his arrest for
possessing an unlicensed weapon. The Government further replied that he had
submitted a complaint to the Department of Public Prosecutions alleging that he
was assaulted in the presence of his two neighbours and an official watchman, in
an attempt to discover the whereabouts of unlicensed weapons. The Government
indicated that the Department of Public Prosecutions questioned the above-
mentioned witnesses, who informed it that a police officer and mer ers of the
Investigation Unit accompanying him, went to his house and carried out a search.
The officers denied the allegations. It stated that a preliminary medical report
confirmed the existence of bruising on his neck and abrasions and swelling on
his legs which, according to a subsequent medical examiner's report, later
disappeared. The Government replied that charges were laid against the detective
sergeant and the head of the criminal investigation department but they were
dropped on 24 January 1998 on the basis that there was insufficient evidence for
criminal prosecution.
397. Concerning Kamal Ibraheem Hamed (see E/CN.4/1998/38/Add.1, para. 94), the
Government replied that he was arrested on 10 April 1995 in accordance with a
warrant, on suspicion of arson. He was initially held for four days for
investigation, which was extended several times, and that during his arrest he
was extremely agitated and caused himself injury. The Government further
indicated that the police had recorded his attempt to corimit suicide on 18 April
1995. The Government stated that he made a complaint to the Department of Public
Prosecutions alleging, inter alia , that he had been assaulted in order to
extract a confession. It stated that one witness confirmed his allegation while
another witness denied it. Two officers questioned also denied the allegations.
One officer stated that Emad Shehata Abdel Fattah caused his own injuries, while
the other officer stated that he was on sick leave at the time of the alleged
beatings, which the Government confirmed to be true. A medical report undertaken
indicated that his injuries were caused partly by some form of solid object and
partly by objects with a rough surface. The Government further replied that the
Department of Public Prosecutions excluded any suspicion of a criminal act of
torture and closed the case.
398. Concerning Mohammed Ahmad Mustapha, Jaber Ahmed Mustapha, Youssef Abdu
Youssef and Atef Abdulla Razeq (ibid., para. 95), the Government replied that
there was no indication that they had been arrested in Port Said on 27 May 1995
nor had any complaints been filed by any of the men alleging torture. However,
the Government reported that Mohammed Ahmad Mustapha was questioned and later
released on that day.
399. Concerning Mohammad Wagdi Mohammad Durra (ibid., para. 98), the
Government replied that the Security Forces received information to the effect
that he had been attending Islamic youth meetings at which he was criticizing
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and belittling Islam, causing friction and provocation to public order. The
Government stated that he was arrested with a warrant by State Security forces
on 12 October 1996 and was remanded in custody pending investigation, before
being released on bail. The Government indicated that no complaint of torture
was made to the Department of Public Prosecutions or to the Office of the
Attorney-General for Human Rights.
Observations
400. The Special Rapporteur continues to appreciate the responses of the
Government while sharing the concerns of the Corimittee against Torture, in its
conclusions and recorimendations following its review of the periodic report of
Egypt under the Convention against Torture, at the “large number of allegations
of torture and even of death relating to detainees made against the police and
State Security Intelligence” (A/54/44, para. 207) . He particularly regrets that
discussions he has had over the years with the Permanent Mission have failed to
elicit an invitation to visit the country.
Equatorial Guinea
Reqular communications and replies received
401. By letter dated 30 November 1999 transmitted jointly with the Special
Representative on the situation of human rights in Equatorial Guinea, the
Special Rapporteur advised the Government that he had been informed that,
following the events of 21 January 1998, three soldiers and a number of
civilians were killed and approximately 500 persons were arrested in the months
of January and February 1999.
402. The authorities reportedly accused the Movimiento para la Auto—
determinación de la Isla de Bioko (MAlE) of being responsible for attacks on
military barracks. Most of the detainees, including women, were allegedly
arrested because they belonged to the Bubi tribe. According to the information,
mer ers of the tribe were tortured by agents of the security forces, who kicked
them and hit them with rifles. At least six persons allegedly died as a result
of these events. Many women were allegedly raped, particularly in Malabo and
other Bubi settlements. Some people claimed that their ears were cut off with
razors or bayonets. During the trial in May 1998, at least 10 people, including
Fernando Riloha, were reportedly seen with their ears cut off. Many Bubis were
allegedly forced to get out of taxis and public transport vehicles at a
roadblock in Sampaca and were subsequently beaten by security forces. Bubi
leaders in Rebola were reportedly arrested on suspicion of hiding rebels or
serving as safe conduct for them. The Malabo police allegedly kept the detainees
in incommunicado detention for several weeks, relying mainly on torture to
obtain confessions. The detainees were reportedly taken to a special room in the
Malabo police station, where they were tortured. It is said that during their
interrogation, some were subjected to various forms of torture and their arms
and legs were immobilized with metal bars. Others were tied hand and foot and
hung from the ceiling while the security forces looked on dispassionately.
403. The most violent attack on the Bubi tribe allegedly occurred in Malabo on
25 January 1998, when the Prime Minister, Angel Serafin Dougan Seriche, who is
of Bubi origin, convened a demonstration to show that the Bubis were loyal to
him. Thousands were reportedly forced to participate, and anyone who would not,
the threat was made, would be considered a rebel supporter. During the
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demonstration, civilians from the Fang ethnic group closely linked to the
Government and mer ers of the security forces reportedly mistreated and insulted
the participants. The next night, the Bubis were allegedly attacked in their
homes by civilians from the Fang ethnic group and members of the security
forces. According to the information received, some women were raped in front of
their own husbands. The security forces failed to intervene and in many cases
were among the aggressors.
404. During the months spent in incorimunicado detention, conditions were
extremely harsh. Containers of urine were allegedly spilled inside the
overcrowded cells; detainees were not permitted to use the toilet and had to
relieve themselves in the cells. During their transfer from Malabo police
station to Black Beach prison they were reportedly forced to lie down in a truck
bed in groups of five, one on top of the other, while policemen sat on them.
Upon arriving at the prison they were denied any medical treatment whatsoever.
In early July, it is said, Milagrosa Cheba was finally sent to hospital, as she
was suffering from malaria, but she was returned to the prison before she had
fully recovered. César Copoburu, who was sentenced to 26 years' imprisonment,
was allegedly taken to hospital in mid-July after complaining of abdominal pain
for more than a week. He underwent surgery and was rapidly sent back to prison,
despite the appalling hygienic situation there. Martin Puye allegedly died in
hospital on 14 July 1998, two weeks after being taken to Black Beach prison. He
had suffered from hepatitis for quite some time, but the authorities reportedly
refused to send him to hospital until it was too late for him to be cured.
405. During the trial in May 1998, the court allegedly accepted statements
obtained through torture without any investigation whatsoever of the complaints
thereof. At least 14 people reportedly indicated during the trial that they had
been tortured. In one instance, the prosecutor allegedly admitted that the
victim had been tortured: “We see that you have been tortured by the police, we
admit it, but you signed a statement in the presence of a judge.” Various
appeals for investigation of violations of human rights and of deaths during
pre—trial detention went unheeded.
406. The Special Rapporteur and the Special Representative have received
information on the following specific cases.
407. Lino Losoha, a member of the Partido Democratico de Guinea Equitorial
(PDGE), was allegedly detained for being a community leader in Rebola. He was
reportedly informed he was suspected of knowing the whereabouts of fugitives.
The security forces are said to have taken him to a military outpost at the edge
of the town where they reportedly burned his testicles, stomach and chest with a
cigarette lighter. He was allegedly fined and released upon payment of the fine.
408. Victor Bubayan, a teacher from the Bubi tribe, was reportedly arrested on
21 January 1998 in the school where he worked because he was the brother—in—law
of César Copoburu, who is thought to be one of the leaders of the attacks. He
was allegedly mistreated in front of his students and beaten with electric
cables. His family had no news of him for several days. He is said to have been
detained in a police station, yet no statement was taken from him. He was
finally released without charge on 11 February 1998.
409. Father Bienvenido Samba Bomedoro, a Protestant priest who was considered
to be one of the leaders of the attacks of 21 January, was reportedly beaten
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heavily. He is said to have been tied up in the police station, lashed across
the neck with a whip and warned that he would be the next victim.
410. During his trial, Gregorio Pancho Borapa, the mayor of Rebola, was
reportedly able to whisper only a few words, with difficulty, and when the
prosecutor asked him to speak up, he said, “I can't because they broke my jaw
when they were torturing me”
411. David Nuachuku, a Nigerian, was allegedly kept handcuffed for 52 days at
the Malabo police station. His hands and legs were tied behind his back with
electric cables and he was beaten until he lost consciousness.
412. César Copoburu was reportedly forced to confess to being one of the
approximately 30 people involved in the attacks on military camps of 21 January.
His confession was allegedly obtained using torture. He is said to have broken
bones in the lower body and to have received no treatment of any kind.
413. Milagrosa Cheba, secretary of an agricultural trade union whose director
is alleged to be a leader of the attacks, was reportedly tortured severely.
According to the information received, she was forced to remain kneeling for
several hours and was subsequently beaten about the head. She is reportedly the
only woman convicted on the basis of a confession obtained through torture. She
was sentenced to six years' imprisonment.
414. Domiciana Bisobe Robe was allegedly arrested for being romantically
involved with one of the leaders of the attacks on the military camps. She was
reportedly taken several times to the Malabo police station in the middle of the
night for interrogation. There she was undressed and beaten and her breasts were
handled, but she was not raped.
415. Francisca Bisoco Biné, the wife of Robustiano Capote Sopole, who was
sentenced in June 1996 to 26 years' imprisonment, had a miscarriage because of
the beating she received. The security forces reportedly arrested her on
23 January in her home in Sampaca in the absence of her husband. Despite the
fact that she was pregnant, she was allegedly lashed with a whip and detained in
Malabo police station for five days, after which her child was stillborn.
416. Bessy, one of the Nigerians suspected of training the attackers, was
reportedly beaten heavily every night, especially on the soles of the feet. One
of his legs was completely infected and his feet were swollen. On 24 January,
some of the prisoners reportedly asked the guards to remove him from the cell
because he might infect all the others, to which the guards replied “We're going
to kill you all anyway.” Shortly thereafter, a military doctor arrived with the
Minister of Health and observed that Bessy had died.
417. Idelfonso Borupu was allegedly arrested in Basakato for having treated
one of the wounded attackers. He was subsequently taken to Malabo police station
in uncertain health. Once there, he was left to the elements, was beaten and
died.
418. Irineo Barbosa Elobé reportedly died in hospital on 1 March 1998. It is
said that he showed signs of mental imbalance as a result of the torture to
which he was subjected.
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419. Carmelo Yeck Bohopo allegedly died in hospital. He was arrested in Malabo
on 6 February 1998 upon leaving church and taken to the police station, where he
was reportedly beaten severely. He is said to have died on 9 February 1998. No
autopsy was performed.
420. The Special Rapporteur and the Special Representative also received
information on the following individual cases.
421. Teófilo Osam Mbomio was reportedly arrested on 30 May 1998 in Anisok. He
allegedly remained in detention for a week, during which he was given 150 blows
on the soles of the feet. He is alleged to have publicly refused to sign a sworn
statement asserting that he was in the Government party.
422. In September 1997, members of the opposition party, including six women,
were reportedly detained in Akurenam while they were preparing songs to welcome
their leaders. The women were undressed and beaten. They were not given a trial
but were forced to pay very high fines to obtain their freedom.
UrQent a inieals and replies received
423. On 17 March 1999, the Special Rapporteur transmitted an urgent appeal
concerning Teótimo Mbo Edo, Fidel Abesó, Marcos Esimi, Felix Ngomo, Juan
Miquibi, Francisco Nguema, Gaspar Nculu, Luis Mba Bayeme, Juan Ebuna, Manuel
Nzo, Zacharias Esimi and Santiagi Ndong, who had been in incommunicado detention
since 7 March 1999 in Nsok Nsomo, eastern Equatorial Guinea. At the time of
their detention, they had been acting as electoral observers for their political
parties, the Union Popular and the Convergencia para la Democracia Social,
during the legislative elections of 7 March 1999, which are now finished. In the
course of the elections, there were reportedly cases of physical ill—treatment
and beating of persons who refused to vote for the Government party and of
detentions and forced displacement in order to avert the presence or voting of
political opponents.
424. By letter dated 28 May 1999, the Government responded to this urgent
appeal. Concerning the information on torture of electoral observers for the
Union Popular and the Convergencia para la Democracia Social and of persons
refusing to vote for the Government party during the legislative elections of
7 March, the Government declared that they are false accusations. It pointed out
that affiliation with a political party and exercise of the right to vote are
neither offences nor against the country's interests. As evidence, it pointed to
the participation in the elections as independent observers of the Organization
of African Unity (OAU) , the francophone ACP countries, various non—governmental
organizations, the United States of America and others, all of whom indicated
that the elections had been very well organized and did not mention any
incidents.
425. On 28 October 1999, the Special Rapporteur transmitted an urgent appeal
jointly with the Special Representative on the situation of human rights in
Equatorial Guinea concerning Emilio Ribas Esada, Gregorio Bomuagasi, Milagrosa
Cheba and Alehandro I llDe Bita Rope, who were being held in Malabo prison. They
had reportedly requested medical treatment for their ailments, but such
treatment had so far not been provided. Gregorio Pancho Borapa is said not to
have received medical treatment although he is suffering from a jaw broken,
according to the source, by a police officer at the time of his arrest in
January 1998.
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Eritrea
ReQular communications and replies received
426. By letter dated 29 November 1999, the Special Rapporteur advised the
Government that he had received information according to which Ethiopian
nationals living in Eritrea have been ill—treated by the police during periods
of conflict with Ethiopia (since May 1998) . In particular, he transmitted
information on the following cases.
427. Hadish Wolde—Negus, an Ethiopian trader from Assab, was reportedly
arrested by police and ill—treated while being questioned about his alleged
support for Ethiopia's war effort. He was reportedly questioned about his
monthly donations to the Tigray Development Association (IDA) , which is said to
be registered in Eritrea as an Ethiopian non—governmental organization
supporting development programmes in the Tigray region, and was told to report
to the police every day. He reportedly said that he had disclosed all relevant
documents to the police, but the police refused to accept them. During
questioning, he was allegedly beaten on his back and legs when he failed to
answer questions to the satisfaction of the police. According to the information
received, marks on his legs, consistent with healing injuries, were visible. He
reportedly returned to Ethiopia in August 1998.
428. Demos Desta, a priest from Assab, said he had been questioned for three
days about payments to the IDA. During that time he was allegedly beaten with
electrical cable and kicked repeatedly. After his release, he returned to
Ethiopia on 22 June 1998.
429. Wolde Hagos, a hotel worker, was dismissed on the day the Asmara Airport
was bombed at the start of June 1998. He was then reportedly arrested and taken
to the 1st Police Station, where he was allegedly beaten while his hands were
tied behind his back. After one month, he was released but the police reportedly
tore up his identity card and work permit. When he went to register at the
Ethiopian er assy, the police reportedly questioned him and asked for his
identity card. He said he was taken to another police station, where he was
allegedly beaten for not having the identity card.
Ethiopia
ReQular communications and replies received
430. By letter dated 29 November 1999, the Special Rapporteur advised the
Government that he had received information according to which the January 1999
expulsion of people of Eritrean origin from Ethiopia was often carried out in an
inhumane manner. People were reportedly arrested in the middle of the night to
conceal the security operation under way. Some were allegedly kept in detention
for periods ranging from one or two days to several months before being
expelled. The persons expelled were frequently only allowed to take one bag with
them. One of the first to be expelled was an elderly man who arrived in Eritrea
wearing only pyjamas and sandals, as he had not been allowed to take anything
else. In some cases mothers were taken away without being allowed to arrange for
the care of their children, and families were deliberately and systematically
split up and expelled in different batches, often months apart. During the long
journey lasting several days, toilet stops were reportedly few, food and water
said to have been minimal, and despite the suffocating heat, windows were kept
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shut. At night people slept in the bus and were not allowed to take belongings
or even medication from their luggage on the roof. Several elderly people
suffering from diabetes reportedly arrived in Eritrea extremely ill and needing
emergency hospital treatment. Many of the expelled are said to have arrived at
Eritrean reception centres, traumatized and exhausted.
431. The Special Rapporteur has also received information on the following
individual cases summarized below.
432. Nike Kassaye, a journalist for the Beza newspaper, was allegedly abducted
by unidentified gunmen in Addis Ababa in January 1995. He was reportedly
detained in a secret detention centre by security forces for six weeks. During
his detention he was allegedly beaten, ill—treated and denied medical treatment.
He was reportedly weakened to such a point that he contracted typhoid. He was
allegedly placed in a hospital and then escaped. According to the information
received, he later escaped to Kenya, where he was followed by a senior official
from the Ethiopian er assy. He was reportedly relocated to another country.
433. Ebyan Mohamed Ardo was reportedly arrested on S May 1995 in Kebrider by
mer ers of the Ethiopian People's Revolutionary Democratic Front (EPRDF) . She
was allegedly detained at the Kebrider army base from 7 May to 12 October 1995
because of her political affiliation with the Ogaden National Liberation Front
(ONLF) . She was reportedly not permitted to consult a lawyer nor was she told
the charges against her. According to the information received, during her
detention she was raped by three EPRDF soldiers during the night of 9 May 1995.
They reportedly tortured her using swords, knives, clubs, the butts of guns and
boots. She was allegedly tortured in order to coerce her to reveal ONLF
objectives. She reportedly has pain in her back, kidneys and intestines, and
continues having headaches.
434. Ifrah Asseir Hassan was reportedly arrested on 8 February 1996 in
Dhagahbour by members of the EPRDF army. She was allegedly detained at the
Dhagahbour army base because of her political affiliation with ONLF. According
to the information received, she was not allowed to consult a lawyer during her
detention. On 10 February 1996, a group of EPRDF soldiers reportedly entered her
cell, brought her into another room and beat her body with the butts of their
guns. She was also allegedly raped. As a result of the torture she allegedly
sustained, she feels pain in her stomach and kidneys.
435. Rukiya Ilime Aden was reportedly arrested in May 1995 without being
charged. She was allegedly taken in the middle of the night from her home, and
then was beaten and raped. She was allegedly detained at the Degahbur military
camp owing to her political affiliation with ONLF. On 10 May 1995, she was
allegedly tortured by members of the Finahar, which is said to be a military
intelligence service, by being forced to lie down on the floor and being punched
and kicked by individuals wearing boots. As a result of the torture she
experienced she has constant kidney pain, difficulty urinating, headaches, and
feels that she is still in shock. According to the information received, she was
not allowed to see a doctor for her injuries and was threatened with death if
she revealed her experience.
436. Abdi—hiis Ahmed Dahir, a businessman, was reportedly arrested on
12 November 1996 in Diri—Dhabo. He was reportedly transferred to a prison in
Addis Ababa. According to the information received, he was hung upside—down and
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beaten. He was reportedly in critical condition and had been denied medical
treatment.
437. Dhibane was reportedly arrested on 9 July 1996 after returning from the
mosque. He was allegedly stopped by four EPRDF soldiers and was asked his
religion. According to the information received, after he told them that he was
Muslim, he was hand—cuffed, blindfolded and forced into a car. He was reportedly
initially detained at the military barracks, but was then transferred to the
Maikelawi police investigation centre. He was allegedly hung upside down and
beaten until he lost consciousness. He was reportedly forced to drink his own
urine and dirty salt water and deprived of sleep and food for more than five
days. He was allegedly held in incorimunicado detention for three months. During
his detention, he was reportedly forbidden to practise his religion. Guns were
reportedly pointed at his head and he was told that he would be killed if he did
not confess to being a member of a terrorist group.
438. Svetlana Mamedova, an Ethiopian citizen born in Georgia, was reportedly
arrested and detained on three separate occasions: from 30 November to
5 December 1991, from 10 March 1994 to 29 Septer er 1995 and from 18 April 1996
to 13 June 1997. According to the information received, she was mostly held at
the Lmakahawe detention centre in Addis Ababa, although she is said to have also
been detained for short periods at the Tenth Police Station (in September 1996)
and at Police Station N4 Region (from January to May 1997) . It is believed that
she was arrested on suspicion of being a Russian spy. During each period of
detention, she was allegedly ill—treated and severely beaten and kicked. She was
also threatened with death with a pistol. Her arms and legs were reportedly
bound with plastic wire for several days at a time. She was reportedly kept
either in an overcrowded cell, or in isolation in a small dark cell, during
which time her access to sanitary facilities is said to have been extremely
limited. She was eventually taken to hospital on several occasions, but was
allegedly denied medical treatment. She was reportedly unable to register a
formal complaint.
439. Ato Tamene Koyira, a civil servant from Soddo Zuria, Southern Region, was
reportedly arrested on 27 June 1997. According to the information received, he
had complained about disciplinary measures taken against him at work. During his
detention until 5 Septer er 1997, he was allegedly beaten for four consecutive
days. He was then reportedly taken to a prison where he spent one year before
being brought to a judge. He was eventually released on 22 June 1998 by order of
the Public Prosecutor, who reportedly rejected the police charges against him.
440. Assefa W/Semait, a priest in Berehet Wereda, North Shewa, was reportedly
arrested on 26 August 1998 by two policemen on suspicion of stealing tabot , a
holy arch. He was reportedly taken to the police station where he was detained
for 15 days. He was then released by court order. A month later, he was
reportedly re—arrested and taken to the Wereda police station where he was
allegedly severely beaten, in particular on the soles of his feet. His hands
were also allegedly tied in his back. As a result, his hands are reportedly now
paralysed.
UrQent a inieals and replies received
441. On 16 September 1999, the Special Rapporteur sent an urgent appeal on
behalf of Mossisa Duressa, the local chairperson of the Ethiopian Red Cross
Society in Nekemte, Oromia region, Tassev Begashaw, a medical doctor working for
E/CN. 4/2000/9
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the private lanka Clinic in Addis Ababa, and Mulugetta Tirfessa Tufa, an
insurance company employee. The three were reportedly held in incommunicado
detention. Mossisa Duressa was reportedly arrested on 15 August 1999 by security
officers in Nekemte on suspicion of mercJiership of the Oromo Liberation Front
(OLF) . He is diabetic and requires daily insulin injections. Tassev Begashaw had
reportedly been arrested on 15 August 1999. He was reportedly accused of giving
treatment to OLF suspects. He was reportedly currently held in incommunicado
detention at Maikelawi criminal investigation centre in Addis Ababa. Mulugetta
Tirfessa Tufa had reportedly been arrested on 19 August 1999 in Addis Ababa and
was reportedly held in incommunicado detention at Maikelawi criminal
investigation centre in Addis Ababa. At the time of his arrest, he was still
receiving medical treatment for a leg injury in 1992.
France
ReQular communications and replies received
442. By letter dated 3 September 1999, the Special Rapporteur informed the
Government that he had received information on the following cases.
443. Chinese asylum—seekers who arrived by boat in New Caledonia, particularly
Nouméa, in early November 1997 were allegedly arrested and held, first in a
former clinic and then in the military hangars at Tontouta airport. They
reportedly submitted their applications for refugee status on 12 January 1998
but were kept in detention until March 1998. On 22 March 1998, hearing that they
were to be deported, about sixty of the asylum—seekers reportedly sought refuge
on the hangar roofs. About one hundred officers of the irimigration police
(DICCILEC) , who had travelled from Paris to oversee the return of the asylum—
seekers, and members of mobile gendarme units allegedly fired on them with
rubber bullets after stones and other projectiles were thrown in retaliation for
the tear gas used by the security forces. Nine men were reportedly injured and
taken to Gaston Bourret hospital in Nouméa. Two are said to have serious
injuries, one on the face and the other on the thorax. A few hours later, the
authorities decided to postpone the deportation and to release the asylum-
seekers.
444. Narendran Yogeswaran, Naddarajah Vijeyalalitha and Mylvaganan Arunan,
three Sri Lankan asylum—seekers, were reportedly beaten and handcuffed, kicked
and gagged with cellophane tape in September 1998 at Roissy airport while being
deported by the police. An internal administrative inquiry by the Immigration
Police (DICCILEC) was reportedly ordered, but at the end of 1998 its results
were still unknown. The Director of the Irimigration Police allegedly stated that
only the force strictly necessary to restore calm had been used. The three
asylum—seekers were finally sent back to Sri Lanka.
445. Sixteen trade union mer ers were allegedly beaten and kicked while
protesting nuclear tests in Papeete in Septer er 1995. They were reportedly
forced to remain for 45 minutes on their knees, handcuffed and with their faces
to the ground, in a parking lot near the military barracks of Papeete. One of
them was allegedly hit with a truncheon and lost consciousness. He is said to
have been taken to hospital, where he was treated for incipient paralysis of the
right side. An inquiry has been ordered.
446. Abdlekrim Boumlik, a young man of Moroccan origin aged 16, was reportedly
arrested at Soisy—sous—Montmorency by the anti—crime brigade on 7 April 1996
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while riding a motorbike without a helmit. He was allegedly punched, struck with
a truncheon and subjected to racial epithets. Together with a friend who was
riding with him, he was reportedly handcuffed, forced to kneel and threatened
and insulted. He is said to have been detained for nearly 12 hours at the
Enghien—les—Bains police station, although neither his family nor a lawyer was
informed. He reportedly received no treatment. A policeman is said to have
ordered him to say he had refused to see a lawyer and had hurt himself in a
fall. A medical report dated 8 April from Emile—Roux hospital in Eaubonne
nevertheless seems to substantiate his allegations. His parents have submitted a
complaint to the Pontoise examining magistrate.
447. Ahmed Hamed, an Egyptian lawyer, was reportedly mistreated on a visit to
France on 16 October 1997 by four policemen who apparently mistook him for
someone else. While in Puteau in the Paris environs, he was allegedly forced
into a car parked on the street. Fearing a kidnapping, he resisted and was then
reportedly struck, his tibia in fact being fractured. He was not examined by a
physician until ten hours after his arrest. He was ultimately admitted to Foch
hospital, where he underwent surgery. On 20 October 1997, the Egyptian
ambassador in Paris reportedly wrote to the French Minister of the Interior to
demand an investigation, but the investigation ordered on 22 October 1997 was
solely administrative.
448. Djamel Bouchareb was reportedly mistreated by police officers at
Fontainebleau, in the Paris environs, in December 1997 at the time of the death
of his friend, Abdelkader Bouziane, who was allegedly killed by police officers
while trying to break through a roadblock. Djamel Bouchareb was reportedly in
the same vehicle. He was allegedly beaten and kicked and his head slammed on the
ground. He is said to have been taken to hospital by a physician who was present
at the scene. A judicial investigation has allegedly been ordered. According to
information received recently, the police officer accused of using excessive
force against Mr. Bouchareb is about to be tried in correctional court.
449. Claude Serre, an elderly cartoonist, is said to have been severely
berated by a police officer over a parking matter when he was lunching in a
Paris restaurant in March 1998. He was reportedly handcuffed and taken away in a
van, where he was subjected to ill—treatment. A medical report allegedly
confirmed his statements and indicated a number of contusions. He has reportedly
filed a complaint with the Bobigny court.
450. Tarek S id, an Egyptian restaurateur in Bagneux, was reportedly
mistreated in Paris in October 1998 by police officers to whom he had appealed
for assistance following an altercation with transportation officials. He was
allegedly taken to the police station on rue Marcadet, where he was beaten and
kicked, choked, began to spit blood and lost consciousness. He was then
reportedly taken to Hôtel-Dieu hospital before being brought back to his cell.
According to a medical certificate, he had a broken thumb, injuries to the left
eye and right arm requiring surgical intervention and a ruptured eardrum. An
investigation has reportedly been instituted.
Follow—un to previously transmitted corimunications
451. By letter dated 8 January 1999, the Government responded to the complaint
transmitted by the Special Rapporteur on 8 August 1996 concerning clashes
between security forces and trade unionists at Faa'a airport in Tahiti in
Septer er 1995 (see E/CN.4/1997/7/Add.1, paras. 157 and 158). The Government
E/CN. 4/2000/9
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indicated that on 20 October 1998, the Papeete Correctional Court handed down
its decision in the so—called Faa'a urban violence case. The persons mentioned
by the Special Rapporteur in his corimunication had been found guilty, and three
of them had been sentenced. Concerning the complaint filed by Henri Temaititahio
against person or persons unknown for bodily harm and gross negligence at the
time of his questioning, which 12 other people have joined in submitting, the
Government indicated that an investigation has been undertaken. Medical expert
analysis revealed that Mr. Temaititahio had sustained traumatic injuries
resulting in temporary work incapacity of ten days' duration and that Jean—
Michel Garrigues had undergone craniofacial traumatism without loss of
consciousness. No long—term effects of the events in question had been observed,
however. The police officers, who testified under letter of request, disputed
the claims of ill-treatment but acknowledged that they had acted with firmness
in view of the circumstances. On 30 June 1998, the examining magistrate ordered
the case dismissed on the grounds that the inquiry failed to attribute the
violent acts to the law enforcement agents. The Government indicated that that
order had been appealed and that, by a ruling dated 1 Septer er 1998, the Court
of Appeals had ordered supplementary investigations, which were now being
carried out.
452. By letter dated 3 February 1999, the Government responded on the final
case cited in the corimunication of August 1996 (see E/CN.4/1997/7/Add.1,
para. 159) . It informed the Special Rapporteur that the sergeant and two
policemen accused of deliberate acts of violence against Sid Hamed Amiri had
been removed from office by ministerial order dated 23 March 1998. On 25 March
1998, all three had been given a suspended sentence of 12 months' imprisonment
by the Aix—en—Provence Court of Appeals and were definitively disqualified from
serving as police officers. One of the police officers has applied for judicial
review of the case.
GeorQia
ReQular communications and replies received
453. By letter dated 29 November 1999, the Special Rapporteur advised the
Government that he had received information according to which beatings and
ill-treatment have been reported in the army, which, together with poor living
and sanitary conditions and brutal hazing, are said to have caused many
desertions. New recruits in particular are allegedly subjected to brutal
treatment, including severe beatings. Army officers are said to frequently
consent and/or participate in such practices. They are believed to condone these
practices as a means of maintaining discipline.
454. The Special Rapporteur has received information on the following
individual cases.
455. Aka Sulava, a journalist and human rights activist, was allegedly
severely beaten on 1 February 1999, by four unidentified assailants. It is
believed that these assailants were supported by the Tbilisi police, as the
victim had already been threatened in connection with exposing several cases of
police violence. As a result, he reportedly sustained severe injuries to his
legs, back and head. The police have reportedly refused to open an
investigation.
E/CN. 4/2000/9
page 93
456. Joseph Topuria was reportedly verbally abused and then beaten by a
traffic inspector in Tbilisi on 26 September 1997. He was allegedly severely
beaten again on the same day by the deputy head of the Tbilisi City Police
Traffic Department, after having lodged a complaint with the police. A doctor
who examined him two days later is said to have recorded a dislocated jaw and
other marks consistent with his allegations. According to the information
received, the Isani District Procurator's Office refused to open an
investigation.
457. Badri Tsindeliani is said to have been detained in the police station at
Tsnori on 27 September 1997, where he was allegedly beaten and kicked on the
head, body and soles of his feet. Seven police officers are alleged to have
taken part in the beatings, which are said to have lasted four hours. A
subsequent medical examination reportedly found that he suffered concussion and
injuries to his eye and ear which were consistent with his allegations.
458. Gogi Shiukashvili was reportedly detained on 25 January 1998 by police
from Gldani district, Tbilisi, on suspicion of stealing wheels. According to the
information received, he was allegedly beaten with truncheons for 15 days, to
the extent that he was virtually unable to move. He allegedly lost consciousness
for several hours and trembled at night. His nose was reportedly broken and he
is said to be suffering from severe headaches.
459. Malkhaz Kamsiashvili is said to have been severely beaten both when he
was taken into custody and subsequently at the City Police Administration, on
19 February 1998. According to the information received, he was made to stand
naked in freezing water and was hit repeatedly on the stomach in an attempt to
force him to confess. As a result, he sustained several injuries which were
treated at the Republican Hospital for prisoners. A medical examination
regarding his allegations was reportedly arranged only 20 days after his
injuries were sustained.
460. Sergo Kvaratskhelia, a stone carver, was reportedly severely beaten by a
crowd in the Georgian town of Tsalendijikha on suspicion of having defiled a
grave from which he allegedly stole money and drugs. He reportedly spent three
days in hospital, from which he was allegedly abducted by the crowd. The local
district police is said to have called the regional police station for
assistance, which reportedly sent a contingent of some 40 armed officers. But a
crowd of some 20 people reportedly tortured him to death and mutilated him after
the head of the district administration reportedly refused to let the police
intervene in the events, allegedly saying: “Do not interfere, these people know
what they are doing” . The heads of the district and regional police are also
said to have been present at the time. The former is said to have then been
removed from his post after a protest meeting in Tsalendijikha in the following
days, and the latter was reportedly dismissed in connection with another
incident. The head of the district administration is reportedly still in post.
461. Levan Gagua, aged 17, was reportedly detained on 16 March 1998 by police
officers from the Saburtalo district of Tbilisi on suspicion of murdering his
step—mother. He was reportedly taken to the second floor of the Saburtalo
district police station where he was allegedly threatened with rape unless he
repeated everything a policeman was telling him to say, in the presence of a
lawyer. Later that night, police officers allegedly drove him to the bank of a
river where they again threatened to rape and shoot him, claiming that he had
tried to escape. He was later transferred to the Tbilisi City Police
E/CN. 4/2000/9
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Administration, where he is said to have been tortured by passing electric
current through wires attached to his fingers. He reportedly confessed in
writing to murdering his step-mother after five days. An investigation is said
to have been opened into his allegations.
462. Jemal Teloyan, a Kurd, was reportedly arrested on 6 May 1998 by four
plainclothes police officers from the Gldani district of Tbilisi near the
Akhmeteli metro station. He was reportedly taken to Gldani district police
station, where he was allegedly severely beaten and punched while an officer sat
on him as he was lying on the floor. He was reportedly accused of possessing a
gun at home that he should bring to them. It is alleged that the officers then
approached his mother, whom they knew worked as a trader near the Akhmeteli
metro station, brought her to the police station and demanded that she bring
money to obtain her son's release. The sum mentioned was US$ 1,000. The mother
is said to have raised a sum of money and handed it over to the officers,
whereupon Jemal Teloyan was released. Two of the four police officers involved
allegedly visited him at home several times after his release and made verbal
threats against him in order to force him not to report the incident. He
reportedly subsequently went into hiding. Officials from the Ministry of
Internal Affairs reportedly visited the family after his father submitted a
written complaint.
463. Jaba loseliani, head of the now disbanded paramilitary Mkhedrioni
(Horsemen) organization, and 14 other defendants were reportedly on trial in
December 1997 for a range of offences, including involvement in a failed
assassination attempt on President Eduard Shevardnadze in August 1995. Thirteen
of the defendants are said to have claimed that they were beaten or otherwise
ill—treated during interrogations in pre—trial detention. Gocha Gelashvili is
reported to have suffered two broken ribs and a broken right arm, allegedly as a
result of the torture he was subjected to. Gocha Tediashvili allegedly had his
teeth pulled with pliers and explosive material placed in his mouth, which was
only removed when he agreed to confess as instructed by the investigators. A
court—ordered forensic medical examination of five of the defendants was
reportedly carried out at the beginning of the year. Although certain injuries
were recorded at the investigation, such as the fracture of Gocha Gelashvili's
right arm caused by the impact of a heavy blunt object, conclusions as to the
circumstances surrounding the injuries were reportedly not drawn, owing to,
amongst other things, the passage of time since the injuries were said to have
been sustained.
Germany
UrQent a inieals and replies received
464. On 5 March 1999, the Special Rapporteur sent an urgent appeal on behalf
of Mohammed El—Ayachi, a former member of the Algerian army who was said to have
deserted because of alleged violations of human rights. His request for asylum
is said to have been conducted in the transit zone of the Frankfurt—am—Main
airport according to special procedure rules. His request is believed to have
been rejected on 23 September 1998 because it was manifestly ill—founded. He was
reportedly awaiting imminent deportation. On 9 October 1998, the administrative
tribunal of Frankfurt—am—Main declared inadmissible his request for a stay of
implementation of the deportation order pending the determination of his appeal,
reportedly because of a delay in the submission of this request by his lawyer.
E/CN. 4/2000/9
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465. On 6 August 1999, the Special Rapporteur sent an urgent appeal on behalf
of Ali Reza Kalantri, an Iranian national who was reportedly facing imminent and
forcible repatriation on 10 August 1999 from Frankfurt Airport on a Lufthansa
flight to Iran, where he may have been at risk of torture. His applications for
refugee status were reportedly rejected by the German authorities and he was
forced to sign a document from the Iranian Consulate in Munich agreeing to
return to Iran. He was reportedly arrested by the police in Cologne on 20 June
1999 while he was protesting against the Government of Iran.
466. On 11 Nover er 1999, the Special Rapporteur sent an urgent appeal on
behalf of Fathelrahman Abdallah, a Sudanese asylum seeker and active mer er of
the opposition Democratic Union Party of Sudan who was said to be facing
imminent and forcible repatriation to the Sudan, where he may have been at risk
of torture. The German authorities had reportedly attempted to return him
forcibly three times in Septer er, October and November 1998, after his asylum
claim was first rejected. All these attempts were reportedly abandoned when he
put up strong resistance. He was allegedly ill—treated by police officers during
the second and third attempts. At the time the urgent appeal was written, he was
being held in a detention facility in Nuremberg, pending his deportation. His
doctor, who was not able to see him, reportedly diagnosed an acute heart problem
and depression and believed that he should not be deported. However, the
Bavarian authorities have reportedly issued a deportation order, to take effect
on 12 November 1999. His lawyer is reported to have filed an appeal to the court
of Ausbach pending a decision on the merits of his case.
Guatemala
ReQular communications and replies received
467. By letter dated 12 October 1999, the Special Rapporteur transmitted to
the Government information on Lorena Carmen Hernández Carranza and Nery Mateo
Hernández, street children aged 15 who were sleeping in a park at the
intersection of Avenida 15 and calle 3 in Zone 2 of Guatemala City on
11 February 1999 when they were awakened and beaten by members of the Civil
Police Force (PCN) . The dress of the officers showed them to be part of the
Special Police Force, an elite unit within the PCN. They allegedly threw the
youngsters to the ground and told them to undress, then told Nery Mateo
Hernández to turn around while they sexually abused Lorena Carmen Hernández
Carranza. Afterwards they reportedly ordered them to get dressed and leave,
saying they would come back the next day to “bring them marijuana”. The Casa
Alianza Legal Aid Office reportedly took the youngsters to lodge an oral
complaint on these events with the Office of the Public Counsel-General and the
Office for Professional Responsibility of the Civil Police.
Follow—un to previously transmitted corimunications
468. By letter dated 26 May 1997, the Special Rapporteur transmitted to the
Government a number of alleged cases of torture in Guatemala. By letter dated
29 October 1998, he reminded the Government of cases on which it had supplied no
information. By letters dated 14 and 21 Decer er 1998, the Government provided
responses on the cases, as outlined below.
469. Rosa Eswin el Ruiz Zacarias, Edwin Tulio Enriguez Garcia and Belarmino
Gonzalez de Leon were reportedly detained and tortured on 13 March 1997 by a
group of armed men in civilian dress in Villa Nueva, Guatemala department (see
E/CN. 4/2000/9
page 96
E/CN.4/1998/38/Add.1, para. 146) . The Government indicated that charges had been
brought before the District Government Prosecutor's Office in Amatitlán,
Guatemala department. It should be kept in mind that the manager of the
enterprise where these persons worked and were detained had hired private
investigators to look into the theft of 17 industrial machines on 7 March 1997.
No medical examination of the workers was carried out and no judicial
determination had yet been made regarding those responsible for the alleged
actions.
470. Luis Alfredo Bonilla Juárez, a street child aged 17, was reportedly
detained and tortured in Guatemala City on 18 March 1997 by two police officers
(see E/CN.4/1998/38/Add.1, para. 145) . The Government indicated that the Office
for Professional Responsibility of the National Police had carried out
preliminary investigations and that the case was now before the Government
Procurator's Office for Administrative Offences. The Criminal Court of First
Instance for Drug—related Activities and Environmental Offences was in charge of
the investigation, and preliminary steps were under way. The police officers who
made the arrest had been identified. No medical examination had been carried out
because, as the Deputy Chief, Second Corps, of the local police station had
indicated, the young person had suffered no injuries. No responsibility had yet
been attributed.
471. In his letter dated 29 October, the Special Rapporteur also transmitted
to the Government other cases of torture allegedly corimitted in Guatemala.
472. By letter dated 14 December 1998, the Government provided the responses
described below.
473. Martin Pelicó Coxic was reportedly kidnapped, tortured and executed in
June 1995 by a military corimissioner and two mer ers of the Civil Defence
Volunteers Committees (CDVC) who had been arrested but released in July 1996 for
lack of evidence (see E/CN.4/1999/61, para. 281) . The Government indicated that
an investigation was being carried out by the National Police through the
Criminal Investigation Service of the Government Procurator's Office. The El
Quiche second Criminal Court of First Instance for Drug—related Activities and
Environmental Offences was in charge of the investigation. Forensic medical
examination pointed to multiple injuries on the body of Martin Pelicó Coxic.
Arrest warrents had been issued for the three individuals implicated in the case
and operations had been carried out in the town of San Pedro Jocoopilas, El
Quiche department, in order to serve the warrants, but the accused had left the
area and their whereabouts were unknown. The investigation was continuing.
474. Mario Alioto Lopez Sanchez allegedly died from a shot fired by security
forces, including agents of the Immediate Reaction Force, during a demonstration
on 11 November 1994 at the University of San Carlos (see E/CN.4/1999/61,
para. 283) . The Government indicated that the police had intervened because of
serious incidents and public disturbances caused by the demonstration, including
the burning of a number of public transport buses. Those presumed responsible
for the death of the student, Mario Alioto LOpez Sanchez, had been brought to
trial. On 30 July 1997, the third Criminal Court for Drug-related Activity and
Environmental Offences had handed down a coercitive judgement against a former
Minister of the Interior, a former Vice—Minister of the Interior, a former
Director—General of the Police and a police officer for the crimes of
intentional homicide and severe and minor bodily harm to a third party. A
sentence of 30 years' imprisonment had been imposed upon a former chief of the
E/CN. 4/2000/9
page 97
Fifth Corps of police on grounds of murder and severe and minor bodily harm.
Another of the accused had been acquitted and the whereabouts of one of those
implicated in the case remained unknown. On 28 October 1997, the fourth Charter
of the Court of Appeals had partially voided the earlier decision and acquitted
all the accused except the former chief of the Fifth Corps of police, whose
sentence was reduced to 10 years' imprisonment. Judicial review proceedings are
under way. No financial compensation has been granted in the case, because there
have been no means of substantiating the damages and injuries, the plaintiffs
having merely cited a sum.
Gui n e a — B i 5 s a u
ReQular communications and replies received
475. By letter dated 3 September 1999, the Special Rapporteur informed the
Government that he had received information on the following cases.
476. About twenty people were reportedly detained by the military in February
1998 and accused of arms trafficking. They are said to have been beaten with
truncheons. Four of them allegedly suffered partial paralysis: Filipe Manga of
the left hand, and the others, including Lamine Djata of Senegal, of the legs.
477. Samba Djalo, a member of the Junta Militar, was reportedly arrested in
Judgul in late June 1998. He is said to have later escaped from prison and to
have testified that soldiers stuck needles into his penis at the time of his
arrest.
478. Armando Bion was allegedly arrested in Bissau in September 1998 and
accused of espionage for the Junta Militar. Soldiers reportedly struck him with
their rifle butts.
479. Asumane Fati, a member of the political opposition party Uniao para a
Mudança, was reportedly arrested on 4 July 1998 for having criticised the
President of the Republic and was taken by a soldier to a cell in the central
police station. There he is said to have been struck all over the body with a
military belt, his ear reportedly being torn. He is said to have been released
soon thereafter. He was allegedly treated in this manner for having started a
petition calling for a halt to the fighting in Guinea—Bissau.
480. By letter dated 8 Nover er 1999, the Special Rapporteur reminded the
Government of a number of cases he had transmitted in October 1998 regarding
which no response had been received.
UrQent a inieals and replies received
481. On 6 January 1999, the Special Rapporteur transmitted an urgent appeal
jointly with the Chairman-Rapporteur of the Working Group on Arbitrary Detention
concerning Alpha Conde, a member of the National Asser ly and currently
president of the Rassemblement du Peuple de Guinée, who had been a presidential
candidate in the elections of 14 December 1998. He was reportedly arrested on
the night of 15 Decer er by members of the Presidential Guard and has allegedly
been kept ever since in incommunicado detention in an unidentified location,
although it appears that he is being detained at Koundara military camp.
E/CN. 4/2000/9
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Haiti
ReQular communications and replies received
482. By letter dated 3 September 1999, the Special Rapporteur informed the
Government that he had received information on the following cases.
483. Pierre—Yvon Chéry, director of Radio Télédiffusion Cayenne, was
reportedly arrested on 2 September 1997 at the Les Cayes radio station by
15 mer ers of the Compagnie d'intervention et de maintien d'ordre (CIMO) . They
allegedly struck him with the butts of their guns and fists during his arrest
and while he was in detention. He was reportedly released the next day without
having been charged. The three police officers accused of severe ill—treatment
reportedly failed to present themselves before the court on 6 November 1997. It
has been impossible to determine whether a police investigation was carried out.
484. In February 1998, members of various specialized police units reportedly
intervened in clashes between local police and the population of Mirebalais. On
5 February, the police allegedly arrested two people, including a mer er of the
organization Operayson Met Lad nan Dezàd (OMLD) . About fifty people, the
majority of them members of the organization, reportedly demonstrated in front
of the police station where he was detained. Shots were allegedly fired; a
passerby was fatally injured and another seriously wounded and fighting broke
out. The demonstrators are said to have burned cars and threatened the local
police chief with a machete. Three hours later, mer ers of the CIMO and of the
Haitian Police Intervention Group (GIPNH) reportedly arrived together with the
Director—General of the National Police, the Secretary of State for Public
Security and a team from the Hinche Departmental Unit for the Maintenance of
Order (UDMO) for the purpose of restoring order. The security forces allegedly
arrested many people, particularly OMLD members, in Mirebalais, Lascahobas and
Saut d'Eau, during the night and without warrants. Most of them were beaten at
the time of their arrest and during their detention at the Mirebalais police
station. At least three people had to be hospitalized as a result of these
events. A number of commissions of inquiry, including ones set up by the
Criminal Investigation Service at Port—au—Prince and by the Parliamentary
Corimittee on Human Rights, were reportedly sent to the scene of the events. The
results of these inquiries are not known to the Special Rapporteur.
485. By letter dated 8 Nover er 1999, the Special Rapporteur reminded the
Government of a number of cases he had transmitted in Septer er 1998 regarding
which no response had been received.
India
ReQular communications and replies received
486. By letter dated 19 November 1999, the Special Rapporteur advised the
Government that he had received information alleging routine torture in
detention facilities throughout the country. The police and jailers allegedly
torture or ill—treat new prisoners to obtain money and personal articles. Police
are reported to torture detainees frequently during custodial detention.
Further, the Special Rapporteur has transmitted to the Government numerous
allegations that military and paramilitary forces in the north—east have engaged
in arbitrary detention, abduction, torture, including rape, and extrajudicial
E/CN. 4/2000/9
page 99
executions. Finally, police have allegedly used excessive force in breaking up
demonstrations, leading to several deaths.
487. The Special Rapporteur transmitted the following individual cases.
488. Murshi Ali was reportedly killed in Baghat Barzalla, Srinagar by security
forces on suspicion of having received guerrilla training in Pakistan. He was
reported missing by his father on 17 May 1998 after he failed to return home
from work the previous day. The police informed the father that his son had
crossed the line of control into Pakistan for guerrilla training. On 24 May, the
police returned to his family his body, which allegedly bore signs of torture.
489. Moharimad Ramzan Wani was reportedly arrested on 13 June 1998 at his home
in Nai Bagh, Tral district, in the presence of his family, by members of the
Special Operations Group of the Jammu and Kashmir police. A day later his dead
body, allegedly showing bullet holes and marks of torture, was handed over to
family members.
490. Han Shankar Pal was reportedly beaten to death after his arrest on
8 December 1997 by the Hauz Kazi police. Ater two days of alleged abuse, the
police took him to the Ram Manohar Lohia hospital, where he was pronounced dead
on arrival. The National Human Rights Commission has reportedly ordered an
investigation into his death.
491. Yumlembam Sanamacha, aged 15, is reported to have disappeared following
his arrest by members of the 17th Rajputana Rifles in February 1998 from his
home in Angtha village, Manipur. He was allegedly forced to lie face down on the
ground with his arms out straight and he was then beaten by army personnel. An
iron instrument was placed on the soles of his feet which caused his entire body
to shake violently. The authorities initially denied that he had been arrested,
but then said that he had escaped from custody. The central Government has
allegedly taken steps to prevent the state government from investigating the
case.
492. Moharimad Ashraf Ehat and his wife Shamima Bano were reportedly asked to
report to members of the Special Operations Group camped in Humhama District
Budgam, Kashmir, on 20 November 1998. Shamima, who was six months pregnant, was
allegedly subjected to electric shocks for approximately 15 minutes while being
interrogated. As a result, the foetus reportedly died in her womb. Her husband
was then called into the same room and, in the presence of his wife, subjected
to electric shocks and hung from the ceiling with his hands tied behind his
back. She was subsequently admitted to the Lala Ded Hospital for Women in
Srinigar.
493. Rafiqa was reportedly interrogated about her brother at her home in
Malangam Bandipora on 11 Decer er 1998 by six jawans of the 14th Rajputana
Rifles camped in Malangam. When she was unable to provide the soldiers with any
information, they allegedly beat her for approximately 30 minutes. As a result
of the beating, one of her legs was reportedly fractured.
494. Marimuthu, Jayaseelan and Madurai Veeran were reportedly detained on
charges of theft by police in Kodaikanal, Dindigul-Anna district on 21 June
1999, and interrogated for two days, during which time they were allegedly
severely beaten. Madurai Veeran was released on the evening of 22 June, while
the other two remained in custody until the morning of 23 June. Marimuthu's
E/CN. 4/2000/9
page 100
right eye was allegedly severely injured and he was reportedly taken to a
private hospital the following day, where he was declared dead upon arrival. His
body was reportedly covered with wounds. A cost mortem examination was performed
on 23 June, but as of 28 June no report had been issued to the local officials,
despite the fact that regulations require a report to be issued within 24 hours.
A senior police official reportedly proclaimed before a crowd that he would file
murder charges against the police constables involved, but the police reportedly
refused to comment later when questioned on the matter.
495. Ghulam Mohrcmad Guru was reportedly arrested in November 1995 by members
of the Border Security Forces (BSF) and Renigades camped at Karangar Srinagar
and taken to the Karan Nagar interrogation centre. During interrogation, he was
allegedly severely beaten on the head and nose and lost consciousness for four
days. He was reportedly subsequently transferred to an interrogation centre
known as “Papa Two” where he was detained for a few months and subjected to
further torture. As a result, he was reportedly paralysed on one side of his
body. From “Papa Two”, he was transferred to Court Bilwal Jail and then
Udhampor. No medical treatment was provided to him until he was taken to Jarimu
Hospital. From there he was shifted to Rangrate Jail and finally released on
4 April 1998. He is now reportedly completely disabled.
496. Ali Mohammad Bhat was reportedly taken from his home on 15 December 1998,
by mer ers of the 15th Rajputana Rifles, to the Watlub Bandipora camp for
interrogation about the possession of a gun. During this period, his father went
to the camp and was allegedly arrested and subjected to torture. He is reported
to have then taken members of the Rajputana Rifles to his home to search for the
weapon. When they were unable to find any weapons, they threw Ali Mohammad from
the third storey of his house. He suffered a broken leg and arm and injuries to
his head. He was transferred to the Bone and Joint Hospital, Barzulla Srinagar.
497. Nazir Ahmid Hajam was allegedly arrested in the Tehsil Sonawari district,
Baramullah, by mer ers of the Indian army camped at Manasbal Safapora, on
16 January 1999. He reportedly died in custody at the camp, allegedly as a
result of torture. His body was taken to the village of Chewa and fired upon
indiscriminately to make it appear as though he had been killed in a fight.
498. Y. Mani, Vice—President of the All Manipur United Clubs Organization
(AMUCO) , which has recently protested human rights violations in the state, was
allegedly arrested at his home by security forces of the 32 Rashtirya Rifles on
16 April 1999 and taken to the local army camp, where he was accused of
belonging to the Revolutionary Peoples Front (RPF) . He was allegedly beaten on
his entire body, including his head and face, with a wooden stick, and on his
back with an iron chain. He reportedly needed to be hospitalized for two days as
a result of his injuries.
499. In the same letter, the Special Rapporteur reminded the Government of a
nur er of cases transmitted in 1997 and 1998, in relation to which no replies
had been received.
500. By letter dated 22 November 1999, sent jointly with the Special
Rapporteur on violence against women, its causes and consequences, the Special
Rapporteur advised the Government that he had received a nur er of individual
cases of alleged rape which are summarized below.
E/CN. 4/2000/9
page 101
501. Bina Das was reportedly raped and killed by two members of the Border
Security Force (BSF) in Thamana on 17 July 1998. She was then allegedly stabbed
with a moida , a traditional knife used for dressing fish and cutting vegetables.
After hearing her screams, neighbours found Bina Das on the floor and before she
died she was reportedly able to relate what had occurred. Although her husband
reportedly filed a complaint at the Dumuni police outpost of Barbari police
station, the two BSF mer ers identified were not charged. The husband's family
and relatives were detained and allegedly subjected to torture.
502. Urbashi Rava, Basavi Rava, Suni Rava and Damshri Rava were reportedly
raped by Central Reserve Police Force (CRPF) personnel during an army operation
in the village of Amlaiguri in Kokrajhar district on 11 January 1997. After the
incidents of rape, the victims were threatened not to disclose the incidents.
Despite protests by various local organizations, no action was reportedly taken
to investigate the matter.
503. Tulumoni Dcvi was allegedly gang raped by eight soldiers stationed at the
Barapujia Army camp on the evening of 24 April 1997 in Kopahera Ghumatigaonin
Marigaon district. The eight soldiers forcibly entered her residence during an
operation to cordon off the residence of Bhabananda Choudury, who was detained
for questioning about his brother Bul Choudhury, a ULFA activist. Tulumoni Dcvi
was admitted to the district civil hospital and her husband filed a complaint at
the Mikirbheta police station. Later, the soldiers reportedly threatened the
villagers when they learned that a case had been filed. Women from 40 local
villages held a rally on 27 April and presented a petition to the Deputy
Corimissioner, Marigaon, demanding a judicial inquiry. No further action has
reportedly been taken.
504. Tarulata Pegu was allegedly repeatedly raped on 10 May 1997 in the
village of Jonai, Dhemaji district, by a group of Indian army personnel
searching for ULFA activists. Her husband filed a case at Jonai police station
and she was examined at the hospital. Although one defendant was named in the
complaint, neither the police nor the civil administration reportedly took any
steps in the matter.
505. Santhali Bodo, aged 17, and Rangeela, aged 15, where allegedly raped on
21 May 1997 by army personnel of the 16 Rajput Regiment operating in the
Tamulpar police station area in Nalbari district. The following day they are
alleged to have entered the house of Dayaram Rava and raped his daughters
Runumi, aged 16, and Thingigi, aged 17. Samashri, aged 13, Janthari, aged 14,
and Ar e, aged 13, were allegedly raped in their respective residences. Although
a case was filed in the Tamulpur police station, no investigation was reportedly
carried out.
506. Minoti Bala Rai and Dura Rai, aged 18, were allegedly raped in the
village of Kasidoba by CRPF personnel on 23 May 1997. The Indian army and CRPF
had reportedly raided the area in search of United Liberation Front of Assam
(ULFA) militants following an ambush by ULFA, in which two CRPF personnel were
killed. A group of army men allegedly entered the home of Minoti Bala Rai and
raped her. Dura Rai was caught while trying to flee the village and taken into
nearby jungle where she was raped until she became unconscious. The Bangaigaon
police station and the District Administration reportedly refused to register
any case.
E/CN. 4/2000/9
page 102
507. Mamoni Koch, aged 12, was allegedly raped in the village of Komarchuburi
in Sontipur district on 25 May 1997 by two soldiers belonging to the 25 Punjab
regiment stationed at Dhekiajuli Industrial Centre. The soldiers kicked the
young girl's grandmother when she tried to defend her granddaughter, and then
raped the grandmother. The father of the victim made a complaint to the officer-
in—charge of the operation. The officer reportedly surimoned his regiment and one
of the perpetrators was identified by the victim in his presence and in the
presence of the villagers. The father also filed a report at the Dhekiajuli
police station. The report was reportedly examined by a Chief Judicial
Magistrate.
508. Jamuna Sargiary was allegedly raped by a mer er of the CRPF at her
residence in Langhin Goraimari village in Karbi Anglong district on 30 July
1997. The soldiers who had entered several residences in search of militants,
allegedly struck Ramakanta Sargiary, her husband, on the head and chest,
knocking him unconscious. The soldier then allegedly raped her. The police
reportedly refused to register a complaint made by the victim the following day,
allegedly stating that it was then too late to register the complaint.
509. Dulumaya Tamang and Sandimaya Tamang, two 12—year—old sisters, were
allegedly raped by two policemen at their home in the village of Jayrampur
Saygharia in Dhemaji district on 4 August 1997, by two plain—clothes policemen.
The officer at Bordoloni police post allegedly refused to register the complaint
and did not take any steps to have a medical examination of the victim. A group
of policemen returned to the house of the family on 28 August and reportedly
beat the father for filing a complaint. Sandimaya Tamang was then allegedly
again raped. The district administration has reportedly refused to take action.
510. Kalpana Das Kakoti was allegedly raped by soldiers of 13 field Regiment
Corimandos in the village of Patasali Bangaon Chariduwar in Sonitpur district.
She reportedly lost consciousness as a result of the gang rape. Family members
filed a complaint at Rangapara police station and she was admitted to hospital.
She reportedly required seven stitches to close the tear that resulted from the
rape. She was produced before the Chief Judicial Magistrate, who ordered the
recording of her and other villagers' statements. The police alleged that she
had been raped by mer ers of the village.
511. Tukheswari Rava was allegedly raped by personnel of the 109 BSF on
14 January 1998 in Mulagon village. The Bangaigaon police station registered a
case and the district administration ordered a magisterial enquiry.
512. Dimola Doimary was allegedly raped by soldiers of No. 2 Madras Regiment
in No. 2 Bhalukmari village in Darang district on 10 March 1998. A complaint was
registered by the Udalguri police and her statement recorded by a magistrate,
but she was not sent for a medical examination until 18 March 1998.
513. Anjali Basumatary was allegedly raped by soldiers of the No. 2 Madras
Regiment in No. 2 Bhalukmari village on 10 March 1998.
514. Khandi Doimary, Anita Khakhlary and Rina Khakhlary were allegedly raped
by soldiers of the No.2 Madras Regiment in the village of Sonari Khawang Gaon in
the Darrang district on 11 March 1998.
515. Monaishry Doimary was allegedly raped by soldiers of the No. 2 Madras
Regiment stationed at Rowta in the No. 2 Bhalukmari forest village on 14 March
E/CN. 4/2000/9
page 103
1998. Family members of the victim submitted a memorandum to the district
magistrate on 12 March 1998 requesting an investigation, but there has been no
information on the progress of the investigation.
516. Nbiari Doimary was allegedly raped by soldiers of No. 2 Madras Regiment
stationed at Rowta in Hatkhula village in Darrang district on 14 March 1998.
Neighbours reportedly lodged a complaint with the Udalguri police station the
next morning and she was sent for a medical examination on 18 March 1999.
517. Lilawati Baishya was allegedly raped by members of the 313 Field Regiment
in the village of Paikarkuchi in Nalbari district on 16 July 1998. Soldiers came
to the home of Dharani Baishya, Lilawati's husband, and pulled him out of the
house and beat him severely along with his small children while two of the
soldiers inside the house stripped Lilawati Baishya and tortured her. One of the
soldiers allegedly sat on top of her and bit several parts of her naked body.
Then the two soldiers raped her repeatedly. As they left, they allegedly
threatened her not to lodge any complaint concerning the gang rape.
518. Bina Baishya was allegedly raped by members of the 313 Field Regiment in
the village of Paikarkuchi in Nalbari district on 16 July 1998. The soldiers
reportedly threatened the family and the victim not to lodge any complaint.
UrQent a inieals and replies received
519. On 9 February 1999, the Special Rapporteur sent a joint urgent appeal
with the Chairman-Rapporteur of the Working Group on Arbitrary Detention on
behalf of Zahoor Ahmed Khanday, aged 15. He had reportedly been taken from his
parents' house in the village of Maloora, near Srinagar, by mer ers of the
Special Operation Group (SOG) , a branch of the State police, on 2 February 1999.
On 3 February, the SOG reportedly denied that he was in their custody. On
4 February, his parents unsuccessfully tried to file a First Information Report
at Parimpor police station to record their son's “disappearance”. On the same
day, his uncle is reported to have visited the SOG headquarters at Hafthchinar,
Cargo Complex, where SOG officials apparently admitted that they were holding
him. The Government replied on 12 August 1999 that Zahoor Ahmed Khandey, son of
Mohammed Ramzan Khandey, was apprehended by the Special Operation Group of the
Jarimu and Kashmir police on 2 February 1999 on suspicion of involvement in a
case concerning his brother Bashir Khandey of the shooting a Jammu and Kashmir
police constable at Baramaloo. The Government further reported that after
preliminary questioning, he was released on 5 February 1999 and was currently
staying at his house.
Follow—un to previously transmitted corimunications
520. By letter dated 22 March 1999, the Government replied to an urgent appeal
sent by the Special Rapporteur on 10 July 1998 (see E/CN.4/1999/61, para. 311)
and two cases transmitted to the Government by the Special Rapporteur by letter
dated 11 November 1998 (see E/CN.4/1999/61, paras. 293 and 300). In relation to
the urgent appeal, the Government replied that Bimal Kanti Chakma was arrested
on 6 July 1998 by the police officer in charge of Miao police station, after a
complaint was made by another man that Bimal Kanti Chakma and others had plotted
a case of possession of illegal firearms out of personal rivalry with the man.
The Government further replied that he was later released on bail and denied
that he was tortured while was detained.
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521. In response to the case concerning Rajesh Pillai, the Government denied
all allegations as false and baseless. The Government stated that he was called
to the police station in Bhilai Town for interrogation on two occasions. During
his second interrogation, on 7 August 1997, he made a confession and was
formally arrested. The Government informed the Special Rapporteur that during
his arrest he complained of having sprained his legs as a result of a fall from
a staircase and was examined by doctors the next day who found that his injury
was minor. The Government further informed the Special Rapporteur that he was
produced at court on 8 August 1997 and was remanded for three days. The
Government stated that he had had sufficient opportunity to bring allegations of
torture or denial of access to legal services before appropriate courts of law
and had not done so. The Government denied that he had been denied access to a
lawyer and informed the Special Rapporteur that he had been allowed to meet his
advocate whenever he requested to do so.
522. In relation to Debu Pramanik, the Government responded that an inquiry
was undertaken into the case by the Human Rights Commission of the State of West
Bengal. The Corimission issued a number of recommendations which were accepted by
the state government, including instructions to the Director General and
Inspector General of Police of West Bengal to police prosecute the commanding
officer of the Chinsurah police station, an examination of the involvement of
police personnel of the Chinsurah police station by the Central Investigation
Department, West Bengal and the issuance of departmental proceedings against the
sub—inspector, assistant sub—inspector and two constables. Furthermore, the
Corimission communicated its displeasure and disapproval of the conduct of the
Superintendent of Police, the sub—Inspector and four duty officers to the
individuals involved and ordered an interim compensation payment of Rs. 20,000
to the wife of the deceased on 7 April 1997.
523. By letter dated 26 February 1999, the Government replied to an urgent
appeal sent on 24 July 1998 (see E/CN.4/1999/61, para. 312) . The Government
informed the Special Rapporteur that Jaspal Singh Dhillon was arrested on
23 July 1998 on suspicion that he had received money from abroad for
implementing an alleged conspiracy to destroy the Burail jail in Chandigarh. The
Government stated that police authorities had recovered from his possession
electronic equipment used for monitoring police wireless corimunications as part
of preparations to destroy the jail. The Government stated that he had been
brought before a magistrate a nur er of times and had raised no complaint
regarding any torture inflicted on him by police. He was remanded to police
custody until 30 July 1998 and thereafter was sent into judicial custody until
19 Septer er 1999.
524. By letter dated 14 October 1999, the Government replied to a case
transmitted by the Special Rapporteur in his letter dated 11 Nover er 1998 (see
E/CN.4/199/61, para. 291) . The Government confirmed that Sucha Singh was
arrested on 1 September 1999 and interrogated for three hours by the Officer—in—
charge of the Central Intelligence Agency, Jalandhar, but denied the allegations
of torture. The Government indicated that this was confirmed by Such Singh's
affidavit dated 2 Septer er 1997. Furthermore, the Government stated that those
allegations had been investigated by a senior police officer.
525. By the same letter, the Government replied to an urgent appeal sent on
22 Septer er 1999 on behalf of three social workers of the Bal Rashmi Society
(see E/CN.4/1999/61, para. 313) . The Government indicated that a complaint had
been filed against Abdul Sattar, Sita Ram and Satya Narain for rape. During the
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course of the investigation, Abdul Sattar is said to have confessed to his crime
and to the involvement of the two other persons. Furthermore, the Government
informed the Special Rapporteur that several cases of sexual exploitation had
been registered by women against the organization for which they were working.
Finally, the Government indicated that the allegations of torture were baseless
and that a National Human Rights Corimission team was currently thoroughly
investigating the whole matter.
526. By letter dated S Nover er 1999, the Government responded to two cases
transmitted by the Special Rapporteur in November 1999 (see E/CN.4/1999/61)
Concerning Humagaut Rongmei (ibid., para. 302) and Kerhing Zaliang (ibid.,
para. 303), the Government confirmed their arrest by personnel of the Assam
Rifles, but, in the light of medical reports and investigations by the relevant
authorities, denied the allegations of torture as baseless.
Observations
527. The Special Rapporteur appreciates the responses of the Government. He
notes that they cover only a small proportion of the cases transmitted in 1998.
He again regrets the absence of an invitation to visit the country to obtain a
clearer picture of a situation that has been of continuing concern over many
years.
Indonesia
ReQular communications and replies received
528. By letter dated 29 November 1999, the Special Rapporteur advised the
Government that he had continued to receive information according to which acts
of torture were widely used by the police and security forces to coerce
confessions or information from victims in Indonesia, particularly in the areas
of East Timor, Irian Jaya and Aceh.
529. The police allegedly frequently use excessive force when responding to
peaceful demonstrations. Information about the following protests which were
allegedly dispersed by police using force was transmitted to the Government.
530. On 8 May 1998, thousands of students and local residents reportedly
gathered at a local university in central Java to participate in a
demonstration. When they reportedly tried to march off campus, the police
allegedly beat them with rattan canes. Some students are said to have responded
by throwing rocks at the police, which reportedly prompted the police to fire
tear gas, water cannons and rubber bullets. When the demonstrators did not
disperse, the police reportedly attacked the demonstrators with rattan canes,
reportedly severely injuring hundreds of the demonstrators.
531. On 12 June 1998, approximately 1,500 East Timorese students conducted a
reportedly peaceful demonstration at the Ministry of Foreign Affairs in Jakarta.
The demonstrators were reportedly beaten with batons, kicked and put into
military buses and taken to the Cibubur military camp outside Jakarta, where
they were reportedly detained for questioning and beaten. According to the
information received, some were also stabbed with bayonets. Some of the injured
were reportedly taken to St Carolus Hospital for treatment, including Maria
Fatima, who was reportedly vomiting blood and suffering from a bleeding nose,
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Aghostinha Fonseca and Helena (no surname) , who were both reportedly having
difficulty breathing.
532. On 25 August 1998, a group of 750 textile factory workers in central Java
attempted to march from a local human rights organization in Jakarta to a local
ILO office. When police officers reportedly attempted to push the demonstrators
off the street, a shoving match ensued. At this time, police allegedly beat
19 demonstrators with rattan canes and kicked them until they would retreat.
533. On 1 July 1999, 30 demonstrators were reportedly injured when the police
and military used excessive violence to prevent the demonstrators from entering
the National Election Commission (KPU) office in central Jakarta. Approximately
300 people were protesting in front of the KPU office when police and members of
the military allegedly hit several of them with batons and rifle butts, kicked
them with boots, threw tear gas at them and shot some with rubber bullets. The
Special Rapporteur has received the names of 15 individuals who were reportedly
in critical condition at St. Carolus Hospital as a result of the alleged
violence. A further 15 people reportedly underwent surgery as a result of the
violence.
534. On 15 September 1999, riot police allegedly violently dispersed a crowd
of around 60 student protestors in Jakarta outside the United Nations building
in downtown Jakarta. Security forces allegedly opened fire outside the United
Nations building, and riot police were said to have chased protestors with
sticks and hurled Molotov cocktails into the air. At least three members of
another group of around 150 demonstrators marching towards the Parliament
building from the west side of Jakarta were reportedly beaten and kicked by
security forces on the same day. Seven protestors were reportedly arrested
including Gunawan Muhamad, a former chief editor of Tempo weekly magazine.
535. The Special Rapporteur has received information on the following
individual cases.
536. Desmon Mahesa, Chairman of a local legal aide group, LBH Nusantra, and a
mer er of the People's Alliance for Democracy (ALDERA), was attacked on the
street by two armed men in Jakarta on 3 February 1998. He was allegedly pulled
into a car, had a bag put over his head and was taken to an unknown location
where he was allegedly subjected to torture while being questioned about his
political activities. His eyes were allegedly covered and he was handcuffed to a
chair, while electric shocks were applied to his feet and head, and he was
beaten and kicked. He was reportedly released on 3 April 1998 at the Jakarta
airport and he provided a public statement on 12 May 1999 about his treatment.
537. Pius Lustrilanang, Chairman of ALDERA, was reportedly abducted by an
armed man who shoved him into a car in Jakarta on 4 February 1998. He was
reportedly handcuffed and blindfolded and taken to an unknown location where he
was allegedly tortured, including electric shock treatment, while being
questioned about the activities of various opposition figures. His head was
allegedly submerged in water so that he could not breathe, and he was kicked and
beaten. The torture and interrogation reportedly lasted three days. He was held
in custody until 2 April 1998. He reportedly described the alleged torture to
the National Commission on Human Rights on 27 April 1998.
538. Muharimad Ardiansyah, a 7-month-old baby, was reportedly detained with his
mother by security forces in Morong, Aceh, in February 1998. The security forces
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allegedly suspended him by his legs and left him hanging under the sun for
several hours in order to force his mother to reveal the whereabouts of her
husband, who they suspected of separatist activity. Both the mother and child
were later released.
539. Rahardjo Waluyo Djati, a member of the National Committee for Democratic
Struggle, was abducted on 12 March 1998 and taken to an unidentified location
where he was interrogated, beaten and subjected to electric shocks for three
days. He was also made to lie on a block of ice. He was reportedly transferred
to the police on 17 April and subsequently released. He provided public
testimony of his torture on 4 June 1998.
540. With respect to the territory of East Timor, massive violations of human
rights, including torture, were reportedly perpetrated in the lead up to, and
following, the East Timorese vote for independence. Most of the violations drawn
to the Special Rapporteur's attention were allegedly perpetrated by pro—
Indonesian militia groups, reportedly supported by the Indonesian army through
means including recruitment and training. It was further alleged that the
Indonesian National Army was coordinating efforts with local militia groups and
that the army was directly involved in many of the violations.
541. It was also reported that serious violations were perpetrated against
East Timorese refugees who fled into West Timor, following the violence that
erupted in the wake of the referendum. Humanitarian aid workers were also
targeted. Two staff members of UNHCR were reportedly attacked in September 1999
in the Nolebake refugee centre. The male staff member reportedly had his throat
cut with a machete and his face punched, while the female staff member was
reportedly stabbed in her left rib cage.
542. The Special Rapporteur has transmitted the following individual cases.
543. Rosita Gomes Periera was allegedly raped by soldiers from the Lulirema
military post in Coliate, Hatolia, Ermera district, in her home in the hamlet of
Darnei in the village of Peotete, Ermera district, on 1 May 1998. She was
reportedly standing with her two-month-old baby in her arms when a group of
soldiers approached her. One soldier allegedly held her from behind while
another soldier allegedly lifted her skirt and raped her. She reportedly made
unsuccessful attempts to run away with her baby.
544. Antonio da Costa and his brother, Mauricio da Costa were reportedly
arrested on 12 May 1998 in Wainiki, Baucau. A dark, “hartop” car, allegedly
owned by the military reportedly suddenly pulled up beside the brothers who were
selling bread on the street, and four occupants of the car allegedly threatened
them with knives. They were reportedly forced into the car and taken to Kopassus
(Special Forces Command) headquarters in Baucau (the “Rumah Merah”) . During
their detention, they were allegedly given electric shocks and had their hands
burned. Following their release on 19 May 1998, Antonio da Costa reportedly
experienced difficulties with movement in his body, as well as trauma, allegedly
as a result of the ill—treatment in detention.
545. Zelia Correia and Luis Correia were reportedly taken on 22 May 1998 for
interrogation by members of a corcJiined military team from Kopassus, Rajawali and
Team Saka who were reportedly looking for a group of East Timorese suspected of
hiding military materials for the guerillas. The men were allegedly beaten and
threatened at gunpoint to travel to the office of the Corimander of Sector A. On
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the same day, two other East Timorese, Adilson da Costa Correia and Domingos
Moreira, both from Mulia village, were allegedly beaten by members of the same
corcJiined military team and taken into custody at Kopassus headquarters in
Baucau. The alleged beatings reportedly resulted in bleeding from the nose and
mouth.
546. The Special Rapporteur received information about an incident at the
Becora prison in Dili on 2 June 1998 involving around 83 prisoners who suffered
food poisoning. The affected prisoners reportedly called for help but were
allegedly ignored by the prison authorities. One prisoner, Domingos da Silva,
was reportedly vomiting blood. Thirty-two prisoners were reportedly taken to the
local public hospital (RSUD) for treatment that night. The majority of them were
allegedly ordered to be sent back to prison by the Indonesian authorities even
though some had reportedly not recovered and still required further medical
treatment. Some prisoners who refused to return to prison were allegedly
threatened at gunpoint by military officers. According to the information
received, some prisoners were allegedly beaten, kicked at and pushed into
waiting cars to be taken back to the prison. Some military officers allegedly
pulled oxygen masks off some of the sleeping patients and forced them to return
to prison. Several prisoners reportedly later returned to hospital, where they
were vomiting. Some prisoners were reportedly returned to the hospital
unconscious. At least two prisoners reportedly died as a result of the
poisoning.
547. Eugenio Sousa, Marito (no surname), Serafin de Jesus Ribeiro, Augusto
Pinto, and Esaias (no surname) , were reportedly arrested on 11 July 1998 when
they were standing guard in the Beto hamlet in Comoro, Dili. According to the
information received, around 20 members of the armed forces approached the five
men and asked them why they were there. The youths reportedly told them that
they were keeping guard against Ninjas, to which the soldiers reportedly replied
“we are the Ninjas” and then allegedly beat and tortured them. They were
allegedly kicked and beaten with gun butts in order to extract information from
them. Serafin de Jesus Ribeiro and Augusto Pinto were allegedly stripped naked
and them hit in their faces, heads, chests and stomachs. According to the
information received, some information was obtained during the alleged torture,
which resulted in the five men being released.
548. Anastacia de Assuncao, a woman from the village of Assalimo in Lospalos
and a niece of a commander of Falintil, was allegedly abducted on 24 September
1998 and then raped and killed by a mer er of Team ALPA, a paramilitary
organization trained by Kopassus. It is reported that she was last seen being
taken away on a motor bike by the member of Team ALPA after she had finished
school in Lospalos. She was reportedly beaten with stones, sustaining fatal
injuries including a fractured skull and a broken neck. Her family reportedly
requested the arrest of the member of Team ALPA and the initiation of a criminal
investigation, but it is alleged that no such action has been taken.
549. Arlinda de Jesus was allegedly raped in front of her niece by a member of
Battalion 642 Post IV in Bubutau, Fuat village, Iliomar on 13 October 1998. An
armed soldier reportedly approached her while she was at a waterhole in Luanira
with her niece, and allegedly grabbed her and forced her into the bush without a
word. The soldier allegedly raped her despite her reported protests and
threatened her with his weapon not to scream. He allegedly threatened to shoot
her niece if she tried to run away. After the incident became known to the local
corimunity, an officer from Kodim 1629 Lautem allegedly threatened her and her
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family and demanded that she stop talking about the incident. The officer
allegedly drew a small axe from his waist and threatened to attack her husband.
He reportedly then unleashed the axe on some nearby rocks and trees and shouted
that he would kill them all and call for a truck to pick up their corpses and
dump them. An investigation into the case has reportedly corimenced.
550. Etelvina Maria Dias and Vicentinha Fernandes were reportedly arrested on
13 November 1998 in Barike hamlet, Fahinehan village, on suspicion of being
involved in an attack on the military post in Alas on 9 November. The 2 women
reportedly fled to Barike for protection, but were located and arrested by
soldiers from Battalions 744, 745 and 315 who had been on duty in Fahi Lequimau.
The women were allegedly tied together with wire, kicked and beaten with rifles
and subjected to verbal sexual harassment. According to the information
received, the women were then taken to Daramata hamlet where they were detained
overnight. The following morning they were reportedly taken to the Battalion 315
post at Fahileqimau where they were allegedly beaten again. Soldiers allegedly
tore their clothes off and grabbed and squeezed their breasts and vaginas,
saying that they must be hiding letters in their underwear. The women's hair was
reportedly burnt with matches. The following day the women were reportedly taken
to Kodim 1634, Same, where they were allegedly also beaten by soldiers and the
soldiers' wives. Thereafter, they were reportedly taken to Polres Manifahi for
interrogation during which time they were allegedly forced to make false
confessions. They were reportedly released but remained under house arrest.
551. Rui Kiak and Domingos da Costa, both students, were reportedly arrested
on 13 October 1998 on a street in Dili. At the time of their arrest, they were
allegedly beaten with iron bars and rifle butts by mer ers of the mobile police
brigade (BRIMOB) , Dili. They were reportedly taken to Polres Dili where they
were awaiting trial. According to the information received, their arrests were
allegedly a reprisal for the physical assault of a Brimob member by the two
youths the previous day.
552. The Special Rapporteur has received information about the alleged
rounding up, beating and transfer of 26 prisoners at Becora Prison, Dili on
30 October 1998. According to the information received, the prisoners (a list of
whose names has been received by the Special Rapporteur) were rounded up by the
Indonesian military and allegedly subjected to violent beatings and hit with gun
butts, before being put into military vehicles and transferred to the Balide
military prison facility. It is said that the reason for their alleged ill—
treatment was their political views.
553. Armando Boavida, Deolindo Castailao Felipe, Ledi Simao, Salvador Soares,
José da Silva, Nicolau Amaral, Leonardo Sampaio, Tomas da Silva, Luis da Silva,
Antonio Castro, Domingos Manek Gama and Muis da Silva Soares, all employees of a
private company, PT Akam, were allegedly beaten with rifle butts by military
personnel in the Manufahi district on 22 November 1998. The men were reportedly
suspected by the military of being guerillas, as they had long hair.
554. The Special Rapporteur has received information about the reported arrest
and detention at Polda Dili of civilians from the Alas subdistrict in November
1998. At least 11 people were reportedly subsequently charged under articles 106
and 110 of the Indonesian Criminal Code, Emergency Law No. 12 and Emergency Law
No. 55. In particular, the Special Rapporteur has received the following
individual cases.
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555. Marcel Abel was reportedly arrested by members of Battalion 744 on
13 November 1998. Upon his arrest he was allegedly severely beaten on his face
and chest with rifle butts. He reportedly lost consciousness as a result. When
he was revived, the beating allegedly continued. This reportedly happened
several times before he was reportedly handed over to mer ers of Battalion 315,
who reportedly held him in detention for three days. He was reportedly in very
poor health, had been experiencing difficulties eating and drinking and had
suffered continuous bleeding from his mouth and nose, allegedly as a result of
the beatings.
556. Aleixo Dias was reportedly arrested by members of Battalion 744 in Barike
hamlet, Fahinean village, on 13 November 1998. At the time of his arrest he was
allegedly repeatedly punched and beaten with rifle butts, sticks and stones. He
reportedly suffered numerous cuts to his head and arms, allegedly as a result of
the beatings. He was reportedly taken to Daramata hamlet where he was held for
two days and was allegedly beaten and burnt with cigarettes to the point that he
lost consciousness. He was reportedly taken to the Battalion 315 military post
on 15 November 1998 and then to Kodim Manufahi, Same. At both locations he was
allegedly tortured. The alleged torturers at Kodim Manufahi allegedly included
the wives of the soldiers stationed there.
557. Marcelino Alves was reportedly arrested on 13 November by members of
Battalion 744 in Barike hamlet, Fahinean village. He was reportedly taken to the
Battalion 315 military post where he was allegedly punched, beaten with rifle
butts and had one of his ears bitten off. He was then allegedly tied up, had
faeces forced into his mouth and was ordered to swallow it. According to the
information received, he was then allegedly beaten further until he bled
profusely.
558. Filipe Fernandes was reportedly arrested on 15 November by the head of
the Alas Kodim intelligence section. He was reportedly detained in Kodim where
he was allegedly punched and beaten with wooden clubs until he fainted. Upon
resuming consciousness, he was allegedly repeatedly stamped on, which caused
severe bleeding from his face, head and body. He was then allegedly tied and
suspended to a rope for approximately four hours. He reportedly sustained
several broken ribs and arms, allegedly as a result of the ill—treatment.
559. Longuinhos Xavier was reportedly taken by the head of the Koramil
Intelligence Section to the Koramil military post on 16 November 1998. He was
reportedly locked in a small room next to the Koramil headquarters where he was
allegedly stripped naked, knocked to the ground, had his hair torn out and was
punched and kicked in the face until it was reportedly swollen and bloody.
560. Julio da Costa, head of the Weberek hamlet, Dotik village, was reportedly
arrested by mer ers of Poles and Kodim Manufahi, reportedly on suspicion of
being involved in the killing of three Battalion 315 members on 29 October 1998.
He was allegedly kicked, punched and knocked to the ground, sustaining cuts to
his head and chin. He was then reportedly detained at Polsek Same for around
24 hours where he was again beaten.
561. The Special Rapporteur has received information on a reported intensive
military operation organized by members of the Cailaco Koramil, Halilintar, the
Intelligence Task Force (SGI) , and troops from Battalion 745, in the Cailaco and
Atabae subdistricts, Bobonaro district, from 27 November to 10 December 1998.
The operation reportedly took place following the 27 November 1998 killing of
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two members of the armed forces in Cailaco. East Timorese civilians were
allegedly beaten with rifle butts, as well as being punched and kicked. Many
people were reportedly arrested and detained and the information received
indicates that many were allegedly tortured while in detention in order to
extract information.
562. These events reportedly led to a large number of civilians taking refuge
at the house of the parish priest in Maliana between 2 and 4 Decer er 1998.
On 4 December 1998, the military corimander for East Timor and the Maliana Kodim
corimander reportedly gave assurances that the safety of those wishing to return
to Cailaco would be guaranteed. However, at least three crew of a public mini-
bus taking people back to Cailaco from Malina, Evangelino Abel, Salvador Soares
and Ozorio Soares, were allegedly severely beaten by members of the Cailaco
Koramil post in Bilimao hamlet, Cailaco, when the bus was allegedly stopped by
Koramil members. The following individual cases have been received.
563. Crispin Correia and Ananias Soares were reportedly arrested in their
homes in the village of Meligo, Cailaco subdistrict, on 27 November 1998 by
mer ers of Battalion 144, Halilintar, Kodim and SGI. Mariano Fernandes,
Agustinho Pereira da Silva, Laurentino Martins, Basilio Sousa da Silva, Sergio
Soares and Thomas Tavares were reportedly also arrested in the village of
Aidabaleten, Atabae subdistrict. All eight persons were reportedly detained at
Polres Bobonaro and allegedly subjected to torture.
564. Vasco dos Santos was reportedly lying sick in his bed when security force
personnel allegedly fired shots inside his house on or about 27 Nover er 1998.
He was reportedly not shot but was beaten until his body was allegedly bruised
and swollen.
565. Gustavo (no surname) and Fransisco Soares were allegedly attacked in
their houses, including beatings, by members of the military. Fransisco Soares
was reportedly left lying in his house badly injured, while Gustavo is believed
to have disappeared following the alleged assault.
566. Jose Paulelo allegedly suffered severe bruising to his face and head and
broken teeth as a result of being beaten with a piece of wood and rifle barrels.
He was also reportedly burnt on his back with matches.
567. Semedio Tavares was allegedly severely beaten in early December 1998, and
had his hands tied together and was led to a hill where the allegedly beating
continued.
568. Rosario Lay, Tobias da Silva, Benditu Marings, Manuel Boavida and
Francisco Dos Santos were allegedly arrested and tortured by members of
KORkMIL 03 Maubura forces on 1 January 1999. During a Christmas party in Koramil
Maubura Hall, the Maubura sub-district head got into a fight with Martinho (no
surname provided) and KORAMIL mer ers allegedly helped the sub-district head
beat Martinho. When friends of Martinho complained to KOPAMIL that the treatment
was unfair, the five men were arrested and tortured for one hour and then
released. The five men are reported to have suffered cuts and bruises to their
face and stomach.
569. Cancio da Costa, Alberto Noronha Kelo, Lolito Maria Labes, Celestinho
Magno, Oscar da Costa Beram de Araujo, Mariano Mendes Corte Real, Luciano das
Neves, all students at the University of East Timor, were allegedly arrested in
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Cassa village, Ainaro Kota sub—district, Ainaro district on 2 January 1999 by
menters of the Mahidin militia and members of KORAMIL. The students were
reportedly detained, had their hair cut off and were interrogated. Alberto
Noronha Kelo was reportedly beaten badly, kicked and stamped upon, suffering
severe bruising.
570. Carlito de Araujo was allegedly detained in Cassa village, Ainaro Kota
sub—district, on 2 January 1999 and held for one week by menters of Mahidin, a
pro—Indonesia militia. The Mahidin allegedly beat him on his face, chest and
stomach, blindfolded him and took him in a Mahidin truck to the Sarai River,
where he was allegedly tortured again in a hut near the river. The next day,
3 January, he reportedly lost consciousness. The Mahidin are reported to have
pressured him to join the militia and offered him 250,000 rupiah per month in
return. When he refused to join the militia, he was allegedly locked up by the
head of the village and militia for one week and continuously brutalized and
intimidated. His wife reportedly requested the Indonesian security forces to
intervene, but they refused to come to his assistance.
571. Guido Reis Ramos, Crisanto dos Santos, Saturnino dos Santos, Flaviano dos
Santos, Libertine dos Santos, Abrao (no surname provided) and Jose Sarmento were
reportedly detained and tortured in Rainaba quarter, Gugleur village, in the
Maubara sub—district on 8 January 1999 in their homes. Approximately 70 members
of the local Gardapaksi militia, allegedly supported by members of
Battalion 143, were said to have attacked them. They allegedly sustained
injuries from sticks and sharp weapons, and were also beaten and kicked. Guido
Reis Ramos was allegedly kicked and beaten by a militia member, then taken to
the Caicassa military post where menters of the post gagged and beat him with a
length of metal pipe and rifle butts. He reportedly sustained serious injuries
to the head, hands and feet, for which he required three days of hospitalization
following his release. He reportedly also lost the use of one of his legs,
allegedly as a result of the beatings. Jose Sarmento was reportedly shot with an
arrow as he tried to flee the attack. He was then allegedly beaten and taken to
the Caicassa military post, where he was allegedly subjected to further torture
before being released. Flaviano dos Santos was reportedly whipped with a chain
from a chainsaw on the back and head, allegedly by militia members. He was
reportedly taken to the Rajawali military post in Caicassa where he was
allegedly subjected to further beatings and torture. Libertine dos Santos was
reportedly stabbed in the back of the head by a militia member. Crisanto dos
Santos was reportedly beaten, kicked in the face and stabbed in the ear by
militia members.
572. Ruis Luis was allegedly attacked by members of the Mahidin militia and
13 Rajawali personnel during the operation in Gugleur village on 8 January 1999
(see above) . He reportedly sustained knife wounds to the back of his head. The
militia were allegedly also pursuing Luis' father, Fernando, and the brother of
the Guico village head.
573. The Special Rapporteur has received information of the alleged ill—
treatment of inhabitants of Gugleur village in Maubara subdistrict, Liquica
district, reportedly by me n ters of the Gadapaksi and Battalion 143, on
10 January 1999. A number of persons were beaten with sticks, machetes and
spears, as well as being kicked. The men in the village were reportedly targeted
for interrogation, having allegedly been accused of being Fretilin supporters. A
teacher who protested about this treatment was allegedly whipped by a chainsaw
chain. The alleged ill—treatment reportedly led to around 30 people fleeing the
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Maubara district for Diii. According to the information received, some villagers
had earlier sought refuge at the local Koramil and Kodim posts, but military
personnel allegedly told them that their injuries were exactly what they could
expect if they opposed the supporters of integration with Indonesia.
574. Ermenegildo Nunes, Eguido Martins, Abel Afonso and Julio Serao were
allegedly arrested on 13 January 1999 by Rajawali forces in Lisadila village,
Daru Lema sub—district. The four individuals allegedly suffered cuts and bruises
allegedly inflicted while they were in detention.
575. Tomas Sampaio Nunes and Felipe Tedi were reportedly arrested on
28 January 1999 while travelling on the highway in front of the KORAMIL 03
office in Maubara. The two men were reportedly beaten by mer ers of KORAMIL 03,
Gardapaksi and Ratih militia members. They were reportedly released on the same
day, suffering bruises on their faces and chests.
576. Joanico Tilman Soares was reportedly attacked by members of the Besi
Merah Putih (EMP) militia on 11 February 1999 near Loes River, Maubara sub-
district, Liquica district. He was on the Belu Exprex (inter—city bus) in Loes,
Maliana district, when the bus was stopped at three EMP inspection posts in
Maubara where the passengers were reportedly searched. At the third inspection
post, he was reportedly ordered off the bus and allegedly kicked and punched by
approximately 30 members of the EMP. He was allegedly beaten with sticks and
iron bars and stabbed with a spear twice above his right eye, causing a severe
head wound. After the incident, he reportedly complained to KODIM Liquica on
arrival in Liquica, but no action was taken to investigate his complaint.
577. Amoncio Pinto, Jose Soares, Domingos dos Santos, Manuel Soares, Joao
Soares, Andre Serrao, Daniel Crisno Vilat, Saturnino de Oliveira, Joanico de
Oliviera, Claudino Soares, Armindo da Costa, Manuel de Oliveira, Eduardo do
Santos, Umberto Afonso, Joao da Silva, Jose Mendes and Florindo da Silva Nunes
were reportedly arrested without warrant on 16 February 1999 by members of
BTT 03 Maubara and EMP in Vatuvou village, Liquica, and taken by foot to the
police station in Maubara (15 km) . While walking, their hands were allegedly
tied to each other and their bodies were continuously stabbed by the military
and militiamen. They were allegedly tortured at the police station while in
detention. Florindo da Silva allegedly had his hands and face slashed, Of the
youths arrested, seven were reportedly released shortly after their arrest for
medical treatment, while 10 others were released in early March 1999. However,
Armindo da Costa was reportedly charged with murder. Jose Mendes was reportedly
re—arrested on 20 February and was tortured by militiamen in front of the
“Camat” (the sub—regency officer) of Maubara, the sub—district Military
Corimander and the Chief of Police of Maubara.
578. Barito Cristao was reportedly severely beaten by the police in Fuiloro
village, just north of Los Palos on 31 March 1999. On the morning of 31 March
police officers reportedly entered the village and questioned him and a group of
his friends. Allegedly without reason or warning, the police beat him with their
rifle butts and pistols, causing bad bruising to his chest, forehead and
shoulders. He was also allegedly slashed on his left side with a knife. He was
reportedly later hospitalized.
579. Manuel Flores, Tomas de Jesus, Francisco Xavier, Jaimito dos Santos, Jose
Cerlio dos Santos, aged 17, Manuel Caldiera, Joao Silva Alexio and Paulina de
Jesus were all reportedly injured during an attack by the EMP militia, which was
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allegedly supported by the military, in the hamlet of Fatubelete, Vatuvou
village, on the border between Maubara and Liquica on 4 April 1999. Manuel
Flores reportedly sustained injuries to both of his knees, including severed
nerves. Tomas des Jesus was reportedly injured in his lower abdomen, as well as
suffering bladder damage. Francisco Xavier reportedly sustained abdominal and
intestinal damage, allegedly caused by stabbing wounds from a long sword.
Jaimito dos Santos reportedly suffered injuries to his left leg and right hand.
Jose Cerlio dos Santos was allegedly shot and suffered injuries to his left leg.
Manuel Caldiera was allegedly shot in the left hand. Joao da Silva Alexio
reportedly suffered a broken left hand, and Paulina de Jesus, who was carrying a
three-month-old baby, reportedly had her back and eyelids sliced by a machete.
580. Alipio Maia Moniz, Afonso Cardoso Moniz, Anselmo Bere and Ligia Maia Seu,
the four—year—old daughter of Alipio Moniz, were allegedly detained and tortured
on 5 April 1999 by members of Tilomar KORAMIL and Laksaur Merah Putih militia
mer ers in Desa Maudemo, Tilomar subdistrict, Covalima district. Alipio Maia
Moniz was reportedly arrested without warrant in Tabloo hamlet on 5 April 1999
and taken to Tilomar 02 KOPAMIL, where he was detained for two days and nights
and released. He was allegedly tortured while in detention by militia and
KOPAMIL members and suffered from bruising and bodily injuries, including
profuse bleeding from his mouth and nose.
581. Natalino de Jesus, Cosme Freitas, Victor Gomes, Marcel (Doni) (no surname)
and Abrao do Nacimento, students at the University of East Timor, were
reportedly attacked and severely beaten with fists, blocks of wood and rifle
butts by mer ers of the Laksaur Merah Putih and pro-independence Mahidin militia
on 5 April 1999 in the Suai district. The students were reportedly attending a
compulsory social work project as part of their training when the militias were
conducting an operation throughout Zumalai sub-district to Beko village in the
Suai district. All of the students, with the exception of Marcel, were attacked
because they were mer ers of the Solidarity Council of Students of the
University of East Timor.
582. Manuel Magalhaes, a mer er of the National Council for Timorese
Resistance, Jose de Andrade and six unidentified individuals were allegedly
arrested in Maliama sub—district, Bobonaro, on 12 April 1999 by the Indonesian
National Army (TNI) and a paramilitary unit, Halilintar. All but two of the men
were subsequently released. Jose da Andrade was reportedly beaten unconscious
while in custody and required hospitalization following his release.
583. Cesar Xavier Pinto was reportedly arrested on 16 April 1999 and tortured
by mer ers of 59/75 militia in Lacluta Dilor. He was reportedly arrested in his
house and subsequently brought to a militia post in district command
headquarters in Viqueque, where he was allegedly tortured, resulting in all four
of his limbs being broken.
584. Joao Filomeno Vaz, Adriano Gusmao Vaz, Evangelino Soares, Santiago
Ximenes Vaz, Paulino Gama, Luiz Diaz, Joao (no surname) , Remexio (no surname)
and Antonio (no surname) were allegedly detained and tortured by members of the
military, police and militia in Hera village on 21 April 1999. They were
reportedly beaten at the time of their arrest and taken to the local police
station or army post before being moved to Hera police headquarters. While in
detention, they were allegedly beaten with rifle butts. After being beaten in
the police station, they were reportedly brought to the Becora prison, Dili
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police station and the East Timor Central Police Headquarters (POLDA) before
being released on 23 April 1999.
585. Roberto da Carmo, Gaspar Lopes, reportedly both members of Falintil, and
Januario Andrade were arrested on 19 May 1999 by police in Aileu. They were
reportedly detained at POLDA in Dili, where they were allegedly beaten and had
their faces badly bruised. Januario Andrade was subsequently released.
586. By the same letter, the Special Rapporteur reminded the Government of a
nur er of cases transmitted in 1998 regarding which no replies had been
received.
UrQent a inieals and replies received
587. On 11 February 1999, the Special Rapporteur sent an urgent appeal on
behalf of Syurki and Fadli, who were reportedly detained at Langsa Military
Prison, and Ali Usuf, who was also reported to be in military custody. The three
men and a fourth man whose name was unknown and who was under military guard at
Malahayati Hospital in Medan, were allegedly held in incommunicado detention.
All were arrested following a meeting held in the village of Matang Ulim, in
East Aceh, on 3 February 1999. Soldiers from a military base (Koramil) at Idi
Cut allegedly opened fire on people leaving this meeting, which, according to
the military, was a meeting about the alleged “Free Aceh” separatist movement.
588. On 1 March 1999, the Special Rapporteur sent a joint urgent appeal with
the Special Rapporteur on the independence of judges and lawyers on behalf of
11 men reportedly arrested on 22 February 1999 in Vatuvou village, Maubara
sub—district, Liquica district, by a joint team of soldiers from the Indonesian
Armed Forces and a pro—Indonesian armed paramilitary group, Besi Merah Putih.
Along with seven others, they were reportedly taken to the police headquarters
in Liquica. All 18 were allegedly denied food for the first days of their
detention; seven persons who were reportedly ill—treated were reportedly
released for medical treatment after human rights lawyers intervened.
589. On 7 April 1999, the Special Rapporteur sent a joint urgent appeal with
the Chairman-Rapporteur of the Working Group on Arbitrary Detention on behalf of
Alipiu Maya Moniz, who had reportedly been involved in passing on information
about human rights violations in Suai to human rights monitors. He had
reportedly been arrested by the ratih , a civilian militia, on 5 April 1999 in
the south-western part of East Timor. This ratih was reportedly based at the
Tilomar Sub—District Military Corimand (Koramil) headquarters, Suai sub—district,
Kovalima district. In connection with his detention, it was reported that on
4 April, supporters of the independence of the territory of East Timor clashed
with members of a paramilitary unit, Besi Mera Putih (EMP) , in Dato, Liquica,
after the EMP had attempted to arrest Felisberto do Santos. The following day,
at least 17 people were killed by the EMP paramilitaries and the Indonesian
Armed Forces (ABRI) after another clash between EMP and pro—independence groups.
590. On 19 April 1999, the Special Rapporteur sent a joint urgent appeal with
the Chairman-Rapporteur of the Working Group on Arbitrary Detention on behalf of
Manuel Magalhaes, a member of Conselho Nacional da Resistencia Timorense and
former Bobonaro Public Works District Head, and Rafael (no surname) , who had
reportedly been arrested in separate incidents on 12 April 1999. Manuel
Magalhaes was arrested with seven other men during a joint action by ABRI and a
paramilitary unit called “Halilintar” in Maliana sub—district, Bobonaro. The
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seven other men arrested were later released. One of them, José de Andrade, was
allegedly beaten unconscious in custody and needed hospital treatment upon his
release. Rafael, from Malilait village in Bobonaro sub—district, Bobonaro
district, was reportedly arrested at the Tuno Bibi—Maliana bus terminal, also on
12 April 1999. ABRI soldiers from the Bobonaro Military Command were reportedly
involved in his arrest and his whereabouts were unknown.
591. On 28 April 1999, the Special Rapporteur sent a joint urgent appeal with
the Special Rapporteur on extrajudicial, summary or arbitrary executions on
behalf of a nur er of persons living in East Timor who had allegedly been
exposed to death threats and torture since 5 April 1999. In particular, it was
alleged that paramilitary troops and the Indonesian Armed Forces threatened a
corimunity of around 1,000 families of internally displaced persons in Asumanu,
Ermera, who had fled their homes in Liquica. Antonio Barbosa, Alfredo da Silva
Alpha, the coordinator of the Justice and Peace Corimission in Aileu, Domingos
Dias dos Santos, Joaquim dos Reis, Gido ramos Ribeiro, Gregorio da Silva,
Antonio da Silva Guturres, Pedru da Costa Alves and Manuel Freitas were later
released.
592. On 7 May 1999, the Special Rapporteur sent an urgent appeal on behalf of
Edi Rohadi, Taufik Edi Sapurta and four other men who were identified as Naiman,
Solehudin, Samsudin and Jahid. The six men were reportedly arrested without
warrants and had their houses searched, also without warrants, in connection
with two bor explosions and a bank robbery in April 1999 in Jakarta. All six
men had reportedly been held at the Jakarta Regional Police Headquarters
(POLDA)
593. On 27 May 1999, the Special Rapporteur sent an urgent appeal on behalf of
Roberto da Carmo, the Commander of Region II of the Timorese National Liberation
Army, Falintil, and Gaspar Lopes, a Falintil mer er, who was reportedly arrested
on 19 May 1999 by the police in Aileu, and then transferred to the regional
headquarters (POLDA) in Dili, where he was detained. Both were known supporters
of independence for the territory of East Timor and both were allegedly beaten
in custody in Aileu and Dili, and suffered bruised and swollen faces.
594. By the same urgent appeal the Special Rapporteur intervened on behalf of
Luis Avarisdo Lopes, an internally displaced person who had fled to Dili, and
was reportedly arrested in Metiaut on 24 May 1999 by a “local leader” of the
eastern part of Dili. After his arrest, he was reportedly handed over to the
Military Intelligence Unit, Satuan Tugas Intelijen.
595. Finally, the Special Rapporteur also intervened on behalf of Jacob
Martins Reis Fernandes, head of the Hatiola sub—district of Ermera district, in
the territory of East Timor, who had reportedly been arrested and taken to a
military post, possibly in Ermera, on 17 May 1999. He was reportedly accused of
supporting Falintil after he reportedly made public statements criticizing the
killing of a group of internally displaced persons some months previously. He
was allegedly publicly threatened by the leader of the Aitarak (Thorn ) militia
and a deputy commander of all the paramilitary units in the territory of East
Timor.
596. On 10 July 1999, the Special Rapporteur sent a joint urgent appeal with
the Chairman-Rapporteur of the Working Group on Arbitrary Detention and the
Special Rapporteur on the independence of judges and lawyers on behalf of
20 people who had reportedly been arrested by the Indonesian National Army (TNI)
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on 9 July 1999 in Teunom sub-district, Aceh province: Abdullah, Adanan Abdullah,
Ansari Juned, Bahri Insya, Bakhtiar Razali, aged 17, Helmi Zukifli, Junaldi
Ismail, Amin, Marzuki Syamsuddin, Husen, Muslidar Sabirin, aged 17, Mustafa
Hasyem, Nazir M. Diah, Nurdin Ibrahim, Ramil Amin, Rasyidan Yusof alias Si Yem,
Razali, Si Bit A. Rani, Si Yan Lem Badai and Zainuddin Syafli, aged 17. They had
reportedly been arrested on the basis of claims by the TNI that the armed
opposition group Gerakan Aceh Merdeka (GAM) , was using the area around the
plantation where the arrests took place. All 20 were reportedly detained at the
District Military Corimand (Kodim) in West Aceh and denied access to lawyers.
597. On 23 July 1999, the Special Rapporteur sent a joint urgent appeal with
the Chairman of the Working Group on Enforced or Arbitrary Disappearances on
behalf of two persons whose whereabouts were unknown. Jamaluddin Umar from
Meuria Paloh village was reportedly arrested at Point Arun Ngl on 20 July 1999
by a joint team of soldiers of the Indonesian National Army and members of a
riot control police unit, known as the Petugas Penindak Rusuh Massa (PPPJ1) , and
Izwar Puteh, a humanitarian aid—worker in the internally displaced persons camp
of Mureudu, was reportedly arrested on 17 July 1999 by members of the same riot
patrol.
598. On 23 July 1999, the Special Rapporteur sent an urgent appeal on behalf
of Ayub Hasan, who was reportedly among a group of seven people driving to an
internally displaced persons camp at Mereudu, where they had planned to attend a
meeting on health conditions in the camp. They were arrested by members of a
riot control police unit, the PPIRI1, at Trienggadeng in Pidie district, Aceh
province, Sumatra, on 17 July 1999. They were allegedly held at a PPPI1 camp and
then moved to an Indonesian National Army (TIN) detention facility. Five of the
persons were reportedly released on 19 and 20 July 1999. Ayub Hasan reportedly
remained in custody at the District Military Headquarters (Kodim) in Pidie
district where he had reportedly been beaten and suffered head injuries.
599. On 5 August 1999, the Special Rapporteur sent a joint urgent appeal with
the Chairman-Rapporteur of the Working Group on Arbitrary Detention on behalf of
Muzakir Bin Ustad, Nurdin Bin Ustad Ahmad, Yusuf Haria and Ridwan, who had
reportedly been arrested on 31 July 1999 by members of the Indonesian Army in
Lhok Seutui and Tanah Hambu Aye villages, North Aceh, on suspicion of being
mer ers of the Free Aceh Movement. They were allegedly held in incommunicado
detention at the Baktiya sub-District military command (KORALMI) in Alue Le
Puteh.
600. On 6 August 1999, the Special Rapporteur sent an urgent appeal on behalf
of Roberto da Carmo, a Commander of Region II of the Timorese Armed Resistance,
Falintil, and Gaspar Lopes, a mer er of Falintil. They were reportedly arrested
on 19 May 1999 and detained in Aileu and at the regional police headquarters
(POLDA) in Dili, where they were allegedly ill—treated and suffered bruising and
swelling to their faces. Gaspar Lopes reportedly coughed blood as a result of
his alleged ill-treatment in custody.
601. On 8 Septer er 1998, the Special Rapporteur sent a joint urgent appeal
with the Chairman-Rapporteur of the Working Group on Arbitrary Detention, the
Representative of the Secretary General on internally displaced persons and the
Special Rapporteur on extrajudicial, summary or arbitrary executions regarding
the massive violations occurring in East Timor. Attacks by regular and irregular
armed elements had reportedly resulted in the killing of over 100 individuals,
widespread infliction of torture and other forms of ill—treatment, the
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involuntary or enforced disappearance of thousands and the forced displacement
of some 200,000 persons. Moreover, individuals were reportedly prevented from
fleeing.
602. On 13 September 1999, the Special Rapporteur sent a joint urgent appeal
with the Special Rapporteur on extrajudicial, summary or arbitrary executions on
behalf of Mau Hodu, who was reported to be a mer er of the National Council of
Timorese Resistance and the Central Corimittee of the Fretlin political party. He
was reportedly arrested in Dili on 8 September 1999 by a joint Indonesian
National Army (TNI) and militia team and his whereabouts were unknown.
Follow—un to previously transmitted corimunications
603. By letter dated 16 February 1999, the Government replied to an urgent
appeal sent by the Special Rapporteur on 17 November 1998 on behalf of
26 prisoners from the territory of East Timor (see E/CN.4/1999/61, para. 352)
The Government confirmed that on 30 October 1998, the 26 prisoners named in the
urgent appeal were transferred from the Becora Correctional Institution to the
Balide Military Prison. The Government explained that the transfer took place
because facilities were damaged in a violent demonstration on 10 October 1998.
The resulting overcrowded conditions prompted the prison authorities to find
another insitution to accorimodate the prisoners to avoid further unrest. The
Government explained that the transfer was also prompted by requests of some
inmates and their families. The Balide military prison was selected for the
transfer as it was the nearest facility in Dili which could accommodate a large
nur er of prisoners. The Government denied that the transfer was carried out in
a forceful manner or that prisoners were beaten with gun butts or thrown into
military vehicles during the transfer. It further stated that the prisoners
would remain under the responsibility of the Becora Correctional Institution
despite being detained at the Balide Military Prison and that the prisoners
would be guaranteed access to their families and lawyers, as well as other
rights, in accordance with the law. The Government informed the Special
Rapporteur that the International Committee of the Red Cross was due to visit
the prison in March 1999.
604. By letter dated 9 March 1999 the Government responded to an urgent appeal
sent by the Special Rapporteur in conjunction with the Working Group on
Arbitrary Detention on 9 October 1998 (see E/CN.4/1999/61, para. 350) . The
Government denied that Marcus Belo was arrested and detained by the Air Force
unit of the Baucau military airport since the Air Force has no authority to make
arrests and detain prisoners. Moreover, the Government informed the Special
Rapporteur that there is no detention facility at the Baucau military airport.
The Government informed the Special Rapporteur that Marcus Belo had been
surimoned, together with three other men, by the security authorities of the
Baucau military airport on 30 Septer er 1998 in relation to an alleged theft
from airport authorities and a member of the security personnel at the airport.
The Government denied that the four men were detained at the airport. The
Government further replied that, on 1 October 1998, a mer er of the Air Force
unit of the Baucau military airport went to Marcus Belo's house to collect the
goods stolen by one of the other three men, which were being voluntarily
returned. While at the house, some army uniforms and an M—16 gun with 18 bullets
were found in his illegal possession and confiscated. The Government advised
that no legal action was taken against him or against the man who had stolen the
goods, since they were voluntarily returned. Furthermore, the Government denied
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that any torture or ill-treatment by the authorities of the Baucau military
airport took place in relation to any of the men, including Marcus E do.
Observations
605. The Special Rapporteur participated in a joint mission to East Timor
together with the Special Rapporteurs on extrajudicial, arbitrary or summary
executions, and on violence against women, its causes and consequences, in
November 1999. The report of the mission is contained in document
E/CN.4/2000/115. The Special Rapporteur recognizes that Indonesia's political
system has undergone a profound transformation. He hopes that, eventually, its
new Government will be in a position to give favourable consideration to his
longstanding request to visit the country.
Iran (Islamic Republic of)
UrQent a inieals and replies received
606. On 1 February 1999, the Special Rapporteur sent an urgent appeal on
behalf of Amir Farshad Ebrahimi, Kiyanoush Mouaffari and Babk Shahrestani. They
had reportedly been recently sentenced by a court to flogging in connection with
an assault in August 1998 on two senior members of the President's Cabinet. Amir
Farshad Ebrahimi had reportedly been sentenced to 40 lashes and 18 months'
imprisonment, while the two others had been sentenced to 20 lashes and 6 months'
imp r i so nme n t.
607. By letter dated 3 Nover er 1999, the Government indicated that in
accordance with articles 25, 29 and 32 of the Islamic Penal Code, the lashes
sentences had been suspended for three years.
608. On 12 July 1999, the Special Rapporteur sent a joint urgent appeal with
the Special Representative on the situation of human rights in the Islamic
Republic of Iran and the Special Rapporteur on the promotion and protection of
the right to freedom of opinion and expression on behalf of Hechmatollah
Tabarzadi and Hossein Kachani, both journalists of the weekly publication, the
Hovizat-U-Khich , which has since reportedly been banned. These journalists had
reportedly been arrested on 16 and 19 June 1999, respectively, and were detained
at the Evin prison. The authorities have indicated that the two journalists were
reportedly arrested for publishing information “contrary to public order and
public interest” and “issuing an anti—establishment communiqué”. They were
reportedly been interrogated at the Intelligence Ministry, where people have
allegedly been tortured. A week after their arrest, they were reportedly
transferred to an unknown detention centre. On 6 July 1999, a number of students
and others reportedly protesting the detention of the above—mentioned
individuals at the United Nations office in Tehran were themselves arrested. The
Government reportedly suspended the publication of a leading moderate newspaper,
Salam , the same day that the Majilis passed a new law which in principle
restricts freedom of the press. The night editor of Salam , Morad Raisi (Veissi),
was reportedly detained on 7 July 1999.
609. On 23 July 1999, the Special Rapporteur sent an urgent appeal on behalf
of a large number of students arrested following the demonstrations against new
laws allegedly curbing press freedom in Tehran, Shiraz, Rasht, Esfahan, Mashhad
and Tabriz. Serious clashes between student demonstrators, security forces and
unofficial vigilante groups reportedly followed these demonstrations, and a
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nur er of students were reportedly killed or seriously injured. Furthermore, a
large nur er of student activists, and also journalists and mer ers of
opposition political parties, were reportedly arrested in connection with the
demonstrations and were being held in incommunicado detention, including at Evin
prison, but the whereabouts of most of them was still unknown. Among those
arrested were Mohammad Massod Salamati, Seyed Djavad Emami and Parviz Safari,
and other members of the Tabarzadi group. Khosrow Seif, the 70—year—old
spokesperson of the banned opposition political party, the Iran Nation Party, as
well as Behzad Namazi, Mehran Abdolbaghi, Safaritar, Mir Abdolbaghi Kashani,
Mehran Gorkani, Farzin Mokhber and Esmaeil Moftizadeh, all members of the Iran
Nation Party, had reportedly been detained at their homes on 14 July 1999. Their
current whereabouts were unknown. Maryam Shansi, a student leader and a member
of the Jonbesh—e Demokratik—e Meli—ve Iran (National Democratic Movement of
Iran) , had reportedly been attacked, beaten in her home, and arrested on 12 July
1999 and her current whereabouts were unknown. Manuchehr Mohammadi and
Gholamreza Mohajeri—Nezhad, two student activists members of the Anjoman—e
Daneshiuvan va DaneshamukhteQan Mcli (National Association of Students and
Graduates) , had reportedly been arrested in Tehran on 13 July 1999. They were
reportedly detained incommunicado.
610. On 25 August 1999, the Special Rapporteur sent a joint urgent appeal with
the Special Representative on the situation of human rights in the Islamic
Republic of Iran on behalf of Gholamreza Qobeh, a former deputy mayor of Tehran,
who had reportedly been arrested in April 1998 on charges of er ezzlement and
diverting public funds and had been sentenced to 50 lashes and six years in
prison. The sentence was reportedly upheld by an appeals court.
Ira q
Urqent a inieals and replies received
611. On 24 February 1999, the Special Rapporteur sent a joint urgent appeal
with the Special Rapporteur on extrajudicial, summary or arbitrary executions on
behalf of a nur er of persons recently arrested in connection with the killing
of Ayatollah Moharimed Sadeg al—Sadr and his two sons on the night of 18 February
1999. Widespread protests had reportedly erupted at the news of the killings,
particularly in the Shi'a Muslim dominated district of al—Hawra in Baghdad and
in the southern cities of Karbala', al—Nassiriya, al—Illa and al—Najaf. Security
forces had reportedly opened fire, killing dozens of protesters. Several hundred
others were said to have been arrested.
612. By letters dated 8 and 19 March 1999, the Government responded to this
urgent appeal. An investigation was being undertaken in relation to the murder
of the persons mentioned above. The Government indicated that four individuals
had been arrested on suspicion of having carried out a fatwa issued in a manner
inconsistent with Islamic values and traditions against the late Sayyid. With
regard to reported widespread protests afterwards, the Government denied these
having taken place. With regard to arrested suspects, the Government replied
that allegations of ill—treatment were biased.
613. On 6 August 1999, the Special Rapporteur sent an urgent appeal on behalf
of Jotiar Yahia Latif al—Salihi, Rawiya, his wife, and their two children,
Chimen, aged 3, and Latif, aged 1, who, in an effort to escape persecution in
Iraq, had moved to Jordan about five months previously and applied for asylum at
the UNHCR in Ariman. On 9 July 1999, the family reportedly went shopping and did
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not return. They were allegedly abducted by the Iraqi Intelligence Service,
owing to the fact that Jotiar Yahia Latif al—Salihi's brother, Latif, who is
currently living in Europe, is allegedly involved in Iraqi opposition
activities.
614. By letter dated 5 October 1999, the Government responded to this urgent
appeal by indicating that the family of Jotiar Yahia Latif al-Salihi was
transferred from Jordan to Syria since their authorization to remain in Jordan
had expired and they had not received official authorization to request an
extension.
615. On 2 Septer er 1999, the Special Rapporteur sent an urgent appeal on
behalf Ahlam Khadom Rammahi, a British citizen, who had reportedly been arrested
in Baghdad on 5 August 1999. On 28 July 1999 she travelled from London, where
she has resided since 1982, to Iraq to visit her sick mother. On 5 August, two
government security men reportedly went to her mother's house in al—Najaf to
arrest her. However, she had already left for Baghdad to visit other relatives.
The security men are alleged to have arrested her brother, whom they took to
Baghdad to show them the way to the relatives' house. Ahlam Khadom Rammahi was
arrested by the security men and her brother was then released. No reason was
given for her arrest and since that time her whereabouts have remained unknown.
616. By letter dated 14 September 1999, the Government responded to this
urgent appeal by indicating that Ahlam Khadom Rammahi had come under the amnesty
decreed by the Council of the Revolutionary Command for Iraqis who had left
their country illegally and that she had accordingly been released on
7 September 1999.
Israel
ReQular communications and replies received
617. By letter dated 17 November 1999, the Special Rapporteur advised the
Government that he had received information on the following individual cases.
618. Nidal Ya'qub Diab and lyad Ya'qub Diab, brothers, were reportedly driving
out of Kalandia refugee camp in the West Bank on their way home in two cars on
3 April 1994. As they left the camp, they were allegedly pulled out and severely
beaten with rifle butts and fists by soldiers. The brothers were reportedly
arrested. In the course of the investigation into their allegations, the office
of the Legal Adviser to the Israeli Defence Force (IDF) Central Command is said
to have only questioned two members of the IDF. They reportedly alleged that
they had been “forced to exercise reasonable force” to search the brothers. On
the basis of this alleged incomplete investigation, the Legal Adviser to the
Central Command is said to have concluded that “the soldiers in question acted
properly” and closed the investigation.
619. Nidal Abu—Sroor allegedly died during interrogation as a result of
torture on 30 January 1998 in the Al—Maskhobieh interrogation centre in
Jerusalem.
620. Ma'ath and Mahmoud Taqatqa, brothers from Beit Fajjar near Bethlehem,
were allegedly arrested on 2 June 1999 by Israeli security forces and taken to
the Russian Compound Detention Centre (Maskobia) . Ma'ath Taqatqa was allegedly
held in solitary confinement, hooded with a dirty bag, handcuffed to a small
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chair with his hands held being his back. His brother Mahmoud was allegedly held
in solitary confinement in a small cell, hooded with a dirty bag, violently
shaken, exposed to intolerably loud music and deprived of food and sleep, and he
was threatened that his mother and sister would be raped in front of him.
621. Ahmed Yosef Bayed was allegedly placed in administrative detention on
5 March 1999. On 15 April, he was reportedly transferred to the General Security
Service (GSS) Interrogation Unit in Petah Tikva. He was allegedly forced to sit
in the shabeh position daily - on a low chair with his wrists bound behind him,
with a wet, stinking sack on his head, making breathing difficult, and with loud
music blaring constantly. He was also allegedly deprived of sleep.
622. Ali Abu Ras was allegedly arrested on 4 May 1999 and detained at the
GSS Interrogation Unit of Jerusalem's Russian Compound Detention Centre. He was
allegedly forced to sit in the shabeh position day and night with his wrists
tightly cuffed behind him.
623. Bassam and Hasan Al—Arabid, brothers, were allegedly arrested on
11 February 1999 at the Erez checkpoint, while they were leaving the Gaza Strip
to work in Israel. Their arrests were allegedly related to the case of their
brother, Saad Al—Arabid, who is wanted by Israeli security forces for his
alleged affiliation to Izz Eddin Al—Qassam , the armed wing of the Islamic
Resistance Movement. The brothers were allegedly subjected to torture during
interrogation, including the shabeh position. They were also subjected to loud
music and isolated in individual cells.
624. Ahmed Rashid Hussein Haled was reportedly arrested on 28 March 1999 and
detained in the GSS interrogation unit of the Kishon Detention Centre. On
13 April 1999, his remand was extended by the military court for 15 days. He
reportedly gave his lawyer an affidavit stating that his interrogators had
tortured him.
625. Haled Suliman Abu Hassan was reportedly arrested on 15 March 1999 and
detained at the GSS interrogation unit of the Kishon Detention Centre. During
the remand hearing on 5 April, it is reported that he informed his attorney that
he was not allowed to sleep, and that his interrogators were forcing him to sit
in the shabeh position almost continuously.
626. Abd el—Razak Hasib and his brother, Muhmed Sa'id Razak Hasib, both from
Ramallah, were reportedly arrested on 20 and 25 Septer er 1998, respectively,
and held in incommunicado detention at the GSS unit of Jerusalem's Russian
Compound for three weeks. They were allegedly both beaten while interrogated.
They were deprived of sleep for 12 days.
627. Regarding Khiam Detention Centre, the Special Rapporteur has received
information on the following individuals.
628. Soleiman Ramadan was allegedly beaten and kicked on 14 July 1999 when he
told Israeli officers that a food strike would continue within the detention
centre. All the detainees were allegedly led blindfolded with their hands tied
behind their backs to the prison yard. The Israeli officers then allegedly
threatened to beat the detainees if they should go on with the food strike on
14 July, the day for Lebanese detainees. On 20 May 1999, the officers are also
alleged to have made a direct threat to Soleiman Ramadan of “amputating” his
other leg and moving him to Nafha prison for the rest of his life for attempting
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to escape. When other detainees came to his assistance, officers allegedly began
to beat and kick him and the Israeli soldiers allegedly used whips and tear gas
to disperse the detainees. As a result of the beatings, the following detainees
required hospitalization: Soleiman Ramadan, Mustafa Tawbe, Riad Kalakesh,
Hussien Akiel, Karam Mustafa, Khanjar Shouib, Samir Kassem, Mohammad Katbey,
Abde Melkani, Ibrahim Kareeb, Mustafa Arabia, Ghandi Ayoub, Izzat Yassin,
Tayssoer Shaaban, Mujeeb Turmouss, Ad d Kalakesh, Yasser Halawi and Ali Ghazi
Al-Saghir.
629. Samir Hijazi, who was reportedly arrested on 15 March 1999 was allegedly
subjected to torture following an attempted escape in April 1999. He was
allegedly subjected to electric shocks and beaten. As a result of the beatings,
he is reported to have suffered a broken hand and bruises on his entire body.
630. Ali Mustafa Tawbe, who was 14 years old at the time of his arrest, was
reportedly arrested in Arnoun on 20 Septer er 1997 by the Israeli secret
intelligence. During the first six months of his detention, he was allegedly
severely beaten, especially on the head, and subjected to electric shocks while
detained at Khiam Detention Centre. He was allegedly also forced to sit in a
tank full of water, is said to be wired with electric wires.
631. Jamal Nejib Sharara was reportedly taken from his home in Bint Jebeil on
11 January 1985 and released on 1 May 1996 after more than 11 years' detention
without charge or trial. He was allegedly severely tortured immediately after
arrest in Centre 17 Camp in Bint Jebeil, He allegedly became unconscious the
first day and was taken to Marja'yun hospital, where he was treated for several
fractures on his left leg. He was then reportedly transferred to Khiam Detention
Centre on a stretcher, where, despite his condition, he was allegedly beaten by
South Lebanon Army (SLA) officers. He was allegedly placed in a barrel of water
and given electric shocks, whipped after water had been poured over his body,
and dragged behind a moving car.
632. ‘Ali Ahmad Khashish was reportedly arrested on 1 November 1985 and held
for nearly 10 years in Khiam Detention Centre without charge or trial before he
was released on 21 July 1996. He was allegedly tortured with electric shocks,
suspended from a pole and beaten. As a result of the alleged torture, his
hearing is said to be impaired and his back still to bear marks of torture.
633. Mahmud Muhammad Ramadan was reportedly arrested on 3 March 1990. In 1993
one of his hands was reportedly amputated and he reportedly lost his right eye,
allegedly after torture which included electric shocks and suspension. He was
also reportedly held in solitary confinement for three years. On his release, he
was reportedly taken to Beirut Hospital where he was unable to recognize mer ers
of his family.
634. The Special Rapporteur has received information according to which the
following 12 elderly persons currently detained at Khiam Detention Centre are in
a poor state of health, which is believed to be constantly deteriorating for
lack of medical treatment. It is reported that they have nevertheless been
transferred at various times to Marja'iyun hospital which is said to lack the
necessary medical facilities. Ali Muharimad Ghanawi, arrested in 1996, is said to
be suffering from heart and stomach pains; Muharimad Salim Qatibay from Arnun,
was reportedly detained on 3 October 1997 and is said to be suffering from
hearts attacks and to have been transferred 15 times to Marja'iyun hospital;
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Al—Abda Qasim Malkani from Qasir, was reportedly detained on 5 Septer er 1998
and is said to be suffering from nervous breakdown while in the detention
centre; Farid Hans Karam, from Qala', was reportedly detained on 28 January
1999 and is said to be suffering from gastritis; Abdullah Muharimed Obeid from
Umm Tut, was reportedly detained on 22 April 1999 and is said to be suffering
from a slipped disc and to be unable to walk; Hussein Awadha from Khiyam, was
reportedly detained on 30 June 1999 and is said to be suffering from a heart
disease and to have difficulties walking; Khalil Ibrahim Yunis from Shabhin, was
reportedly detained on 15 March 1999 and is said to be suffering from stomach
pains and a slipped disc; Hussein Salih Abu Sa'ad from Shuba, was reportedly
detained on 18 June 1999 and is said to be suffering from curvature of the
spine; Kamal Wahba Munthir from Sagi, is said to be suffering from heart attacks
and stomach pains; Mustafa Tuba from Arnun, was reportedly detained on 3 October
1997 and is said to be suffering from heart palpitations; and Hassan Mohammed
Souayed from Al—Kseir, and his wife, Al—Abdeh Kassem Malkani were reportedly
arrested on 23 Septer er 1998 and are said to be respectively suffering from
high blood pressure and dyspnoea, and chronic abdominal pain and rheumatoid
arthritis.
635. The Special Rapporteur has also received information on several Lebanese
nationals who have reportedly been captured in Lebanon by the Israeli Defence
Force or the South Lebanon Army. Most of them are said to have been transferred
to Israeli prisons and they are reportedly currently being held as hostages in
order to be exchanged against Israeli prisoners of war. According to the
information received, they are being held without having been charged or beyond
the expiry of their sentences. In July 1996, it is reported that 18 were
transferred to Ayalon Prison in Ramleh. The Special Rapporteur has recently
received information on alleged acts of torture following the arrest of the
individuals mentioned below.
636. Bilal ‘Abd al—Husayn Dakrub was reportedly arrested on 16 February 1986
in a cave where he was hiding near the village of Tibnin, in the south of
Lebanon, by mer ers of the South Lebanon Army (SLA) and the Israeli Defence
Force (IDF) . He was allegedly interrogated by an IDF officer at Bra'shit camp
and beaten and kicked by SLA soldiers. He then reportedly spent 10 days in
Centre 17 Camp, near Bint Jebeil, which is said to be run by the SLA and Israeli
security services. There, he was allegedly administered electric shocks by the
SLA security service in the presence of Israelis, who are said to have given the
orders. He was then reportedly transferred to a detention centre in Sarafand,
Israel, where he allegedly spent three months under interrogation in solitary
confinement. He was allegedly denied sleep for long periods and made to stand
for nights. He was eventually transferred to Kishon Prison. He was reportedly
tried by the Military Court in Lod for mercJiership of an illegal organization and
sentenced to two and a half years' imprisonment. His sentence expired on
16 August 1988, but he is said to be still detained.
637. ‘Ali husayn ‘Ali ‘Arimar, Ahmad Mushen Muhammad ‘Arimar, Kamal Muhammad
Rizg and Hasan Sadr al—Din Hijazi were reportedly arrested in Mays al—Jabal on
1 September 1986. Kamal Rizg and Hasan Hijazi were only 16 years old at the time
of their arrest. All four were reportedly taken to Khiam Detention Centre and
transferred after five months to Sarafand Detention Centre. They were allegedly
all tortured in both places. Hasan Hijazi had a broken leg in a plaster when he
was arrested and was allegedly forced to stand for hours and was beaten on his
broken leg during his detention at Khiam. For the first six week of his
detention, he was held in solitary confinement, handcuffed and hooded all the
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time. The other three were allegedly repeatedly beaten, tortured with electric
shocks and kept in the shabeh position. It is reported that they are still
detained.
638. ‘Abd al—Hasan Hasan ‘Abd al Hasan Surur, ‘Abbas Hasan ‘Abd al—Husayn
Surur, Ahmad Hasan ‘Abd al—Husayn Surur, Yusef Ya'qub Surur and Husayn Fahd
Daqduq were reportedly arrested in ‘Ita al—Sha'b by SLA forces in March and
April 1987. They were reportedly taken to Centre 17 Camp and then to Khiam
Detention Centre, where they were allegedly tortured by methods including
electric shocks to the fingers or genitals. It is reported that they were
interrogated by Israelis. They were then reportedly transferred to Safarand in
Israel where they were allegedly interrogated by Israeli security service
personnel and severely beaten and forced into the shabeh position. They were
eventually transferred to Kishom Prison and tried before the Military Court at
Lod where they were reportedly sentenced to up to three years' imprisonment for
offences such as membership and military training with an illegal organization.
Husayn Fahd Daqduq should have been released in 1988 and the others in 1990. It
is reported that they are still detained.
UrQent a inieals and replies received
639. On 13 January 1999, the Special Rapporteur sent an urgent appeal in
conjunction with the Special Rapporteur on the independence of judges and
lawyers and the Chairman-Rapporteur of the Working Group on Arbitrary Detention
on behalf of Taysar Muhmed Aouwda, who was reportedly arrested on 30 December
1998 and had since been detained at the GSS Interrogation Unit of the Jerusalem
Russian Compound. He was reportedly suffering from a chronic illness and had
been denied medication he had brought with him to the Russian Compound. On
4 January 1999, an ad hoc military proceeding was reportedly held and the court
is said to have extended his detention for 15 days. The court is also said to
have ordered that he be examined by a prison physician.
640. On 2 February 1999, the Special Rapporteur sent an urgent appeal in
conjunction with the Chairman-Rapporteur of the Working Group on Arbitrary
Detention and the Special Rapporteur on the independence of judges and lawyers
on behalf of Ali Mustafa Tawbeh, who had reportedly been arrested from his
primary school in Arnoun by Israeli armed forces on 6 October 1997 and taken to
the Khiam Detention Centre, in southern Lebanon. Israeli armed forces in the
south of Lebanon have reportedly claimed that he was arrested for “planning a
military operation against them”. During the first six months of his
incommunicado detention, he was allegedly subjected to torture and was kept in
solitary confinement.
641. The Government replied on 13 July 1999 that Ali Mustafa Tawbeh was
arrested by forces of the South Lebanese Army (SLA) and not by Israeli forces,
in his home and not in his school. The Government stated that he was arrested on
suspicion of having been actively involved in action undermining the security of
the region. He was transferred for the purpose of investigation to the Al—Khiam
Detention Centre in the south of Lebanon which the Government stated was under
the control of the SLA and not its responsibility. The Government stated that,
in its contacts with the SLA in relation to the Al-Khiam Detention Centre, it
had encouraged the establishment of adequate conditions and improved standards
which conform to international standards for the protection of human rights. It
stated that to this end, the International Committee of the Red Cross and
families of detainees visit the detention centre. The Government further replied
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that during his investigation by the SLA, A u Mustafa Tawbeh made a number of
admissions, including but not limited to the following: that he had undertaken
acts of espionage, terror and incitement to violence against the region and its
inhabitants and had collected information against Israeli and SLA forces, that
he conveyed this information to the so-called “Hizbullah” and that he had
approached leaders of the so—called “Hizbullah” to express his readiness to act
as a suicide bomber against Israeli targets in southern Lebanon.
642. On 10 February 1999, the Special Rapporteur sent an urgent appeal on
behalf of Jihad Husni Moharimed Shehadeh, who had reportedly been arrested in
August 1997, under an administrative detention order, for his alleged links to
Hamas. Since then, he had reportedly been detained without charge or trial. He
had been under interrogation by members of the Israel's General Security Service
(GSS) since 7 February 1999, when he had been transferred from prison to the
Hasharon interrogation centre. He was allegedly kept hooded, his legs and hands
being tied to a chair in an uncomfortable position, with loud music playing,
from the afternoon of 7 February until the following morning, when he was taken
to meet his lawyer.
643. On 1 March 1999, the Special Rapporteur sent an urgent appeal on behalf
of Issa Ali Batat, a Palestinian from Dhahariya, south—west Hebron. He had
reportedly been arrested on 22 February 1999 by the (GSS) and was said to be
currently held incommunicado at Shikma prison in Ashkelon. Assurances sought by
his lawyer from the Attorney General's Office that no physical force is used
during his interrogation had reportedly been refused and an appeal to the
Israeli High Court for an interim injunction forbidding the use of physical
force had also been turned down. Issa Ali Batat had reportedly been arrested in
an attempt to find out the whereabouts of his brother, who was reportedly wanted
by the GSS.
644. The Government replied on 23 July 1999 that Issa Ali Batat was arrested
on 22 February 1999 by the GSS on suspicion that he was engaged in terrorist
activity that presented a real danger to public safety and regional security.
The Government further stated that subsequent to the GSS investigation, he was
charged with several serious offences including buying and supplying weapons and
ammunition for use in terrorist activity, harbouring terrorists who have carried
out bombings against civilian targets and supplying money for the purpose of
terrorist activity. The Government informed the Special Rapporteur that, on
10 May 1999, the Supreme Court sitting as the High Court of Justice heard a
petition on behalf of Issa Ali Batat, who claimed that he was mistreated by the
GSS. After hearing his lawyer and reviewing the evidence in the case, including
secret evidence, the court rejected his petition, but stated that it would
consider some of the points of law raised, including the question of the use of
physical force in investigations, in conjunction with another similar case. The
Government advised that these cases were still pending. A September 1998
background paper on “Hamas” was transmitted to the Special Rapporteur with the
reply.
645. On 10 March 1999, the Special Rapporteur sent a joint urgent appeal with
the Special Rapporteur on violence against women, its causes and consequences,
on behalf of Munah Hassan Awad Barhasin, a Palestinian woman, who had reportedly
been arrested on 15 February 1999 and detained at the GSS Interrogation Unit of
the Kishon Detention Center, where she had allegedly been forced into the shabeh
position for long periods. She was reportedly on a hunger strike. At a military
hearing held on 2 March 1999, her remand had reportedly been extended for
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15 days. It was also reported that, as the security services had no specific
place for female detainees, she was forced to share a cell with Israeli criminal
detainees.
646. The Government replied on 17 March 1999 that Munah Hassan Awad Barhasin
was released from the Kishon Detention Centre on 14 March 1999. The reply did
not provide any information on her alleged ill—treatment while in custody.
647. On 12 March 1999, the Special Rapporteur sent a joint urgent appeal with
the Chairman-Rapporteur of the Working Group on Arbitrary Detention on behalf of
Hussein Akul, a 17—year—old Lebanese citizen who had reportedly been held at
Khiam Detention Centre since 2 September 1997 without charges. He was said to be
gradually becoming blind and to have been denied medical treatment.
648. On 26 April 1999, the Special Rapporteur sent a joint urgent appeal with
the Chairman-Rapporteur of the working Group on Arbitrary Detention on behalf of
Amin Muhammad Ghazi al—Aghbar, a Palestinian who had reportedly been arrested on
16 March 1999 at Allenby Bridge and taken to Jelemeh Prison, also known as
Kishon Prison. He was said to be held in incommunicado detention, since
30 March, at a military detention facility, Megiddo Prison. He is reportedly
accused of having links with “Hamas”, an Islamist movement opposing Israeli
rule.
649. The Government replied on 12 July 1999 that the investigation into Amin
Muhammad Ghazi al-Aghbar alleged activities within “Hamas” had been completed.
It stated that the investigation revealed that he is an active mer er of “Hamas”
and as a result, he was charged with 12 serious offences, including membership
of a terrorist organization, holding office in a terrorist organisation,
promoting contacts with a foreign (Syrian) terrorist organization, raising funds
and harbouring fugitives who belong to a terrorist organization, procuring
illegal weapons for the use of a terrorist organization and recruiting new
mer ers for a terrorist organization. The Government further replied that, given
his medical record, he received close and continuous medical supervision
throughout the period of his detention. No comment was made on his detention
allegedly being incorimunicado. In relation to access to legal representation,
the Government replied that it had been assured that he was being duly
represented by an attorney of his choice. The Government indicated that he was
barred from having access to his attorney on a small number of occasions when
the necessities of national security, in accordance with Israeli law, made this
imperative. Transmitted with the Government's reply was a September 1998
background paper on “Hamas”.
650. On 29 April 1999, the Special Rapporteur sent a joint urgent appeal with
the Chairman-Rapporteur of the Working Group on Arbitrary Detention on behalf of
Muhmad Mahmud Hassan Abu Tir, who had reportedly been arrested on 21 September
1998 near Jerusalem. From the time of his arrest until 11 October 1998, he had
reportedly been held incommunicado at Jerusalem's Russian Compound. On
27 Septer er 1998, the court reportedly extended his detention for another
30 days, until the time of his indictment. Since then, he had reportedly been
transferred to Shikma Detention Centre and moved again to the GSS Interrogation
Unit of Jerusalem's Russian Compound, on 11 April 1999. He had reportedly only
been allowed to sleep for three hours at a time. He was allegedly forced to sit
on a high chair with his wrists tied behind him so tightly, that his wrists were
swollen.
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651. On 29 July 1999, the Special Rapporteur sent an urgent appeal on behalf
of ‘Ali Khalil Surur, Samih Surur, Hasan Musa Ridha, aged 15, Muhammad Musa
Ridha and Muharimad Na'meh Ridha, aged 15, who had reportedly been among those
arrested between about 20 and 22 July 1999 in the village of ‘Ayta al-Sha'b by
mer ers of the South Lebanon Army and the Israeli army who were reportedly
searching homes. The soldiers are said to have interviewed about 75 people,
including children. The above—named persons were currently being held in Khiam
Detention Centre.
652. On 14 September 1999, the Special Rapporteur sent an urgent appeal on
behalf of Husayn ‘Ali Hans, Muhammad Mahmud Hans, Haytham Bahjat As'ad and
Nader Muhammad Khader, who had reportedly been arrested by members of the
Israeli Defence Force in the village of ‘Ayt al—Sh'b and Belat, on 9 and
10 Septer er 1999. They were allegedly held incommunicado in the Khiam Detention
Centre.
653. On 29 October 1999, the Special Rapporteur sent a joint urgent appeal
with the Chairman-Rapporteur of the Working Group on Arbitrary Detention on
behalf of Maria Sobeiti (f), Ibrahim Fadlallah, ‘Ali Khalili Khanafer, Bilal
Mahmud Ja'afar, aged 17, Ghunwa Mahmud Ja'afar (f) , Hussein Muhammad Samhat,
Hussein Ahmad Samhat, Najwas Ahmad Samhat (f) and Ahmad Hussein Samhat, aged 15,
who had reportedly been arrested on 7 October 1999 in their village of Aainata,
in south Lebanon. They were said to be detained at the Khiam Detention Centre.
654. On 29 Nover er 1999, the Special Rapporteur sent an urgent appeal on
behalf of Husasyn ‘Ali Hans, Muhammad Mahmud Hans, Haytam Bahjat As'ad and
Nader Muhammad Khader, who had reportedly been arrested in the village of ‘Ayta
al—Sha'b, in south Lebanon, by members of the SLA and the Israeli army on 9 or
10 Septer er 1999. On 20 September 1999, other villagers, Ali Hassan Qassem,
Fahd Saleh and Fadila Maohammad Tahini (f), were reportedly also arrested. Ali
Hassan Qassem was arrested allegedly because his son is said to have refused to
be conscripted into the SLA. Fahd Saleh is said to have been arrested for having
criticized the Israeli occupation. All were reported to be detained at Khiam
Detention Centre.
655. Regarding persons detained at Khiam Detention Centre, the Government
referred in several letters to previous communications in which it denied
responsibility for Khiam Detention Centre (see E/CN.4/1999/61, para. 393)
656. On 7 December 1999, the Special Rapporteur sent an urgent appeal
concerning the draft Criminal Procedure (Powers and Special Interrogation
Methods for Security Offences) Law, which was reportedly introduced in the
Knesset in October 1999. This bill would authorize GSS interrogators to use
“special interrogation methods”, including “physical pressure on the body”,
where there is a reasonable suspicion that a person has information which, if
immediately revealed, could prevent danger to human life or State security. The
Special Rapporteur reminded the Government that he had concluded, in his report
to the previous session of the Commission on Human Rights (see E/CN.4/1999/61,
para. 394) that the use of “moderate physical pressure” as an aid to
interrogation violates the prohibition of cruel, inhuman and degrading treatment
and, in certain combinations, or over a certain period of time, the prohibition
of torture. He also reminded the Government that the findings of the Corimittee
against Torture and the Human Rights Committee were consistent with his own
observations. He also reminded the Government of the September 1999 ruling of
the High Court that the systematic use of various interrogation techniques by
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GSS interrogators was illegal. Finally, he welcomed the submission to the
Knesset in October 1999, of the draft Penal Code (Amendment — Prohibition of
Torture) Law, which would reportedly make the infliction of torture, as defined
in the Convention against Torture, a criminal offence.
Follow—un to previously transmitted corimunications
657. By letter of 11 January 1999, the Government responded to a number of
cases transmitted by the Special Rapporteur on 11 July 1996 (see
E/CN.4/1997/7/Add.1) , 11 June 1997 (see E/CN.4/1998/38/Add.1) and 3 September
1998 (see E/CN.4/1999/61)
658. Concerning Mamon Isma'il Yusaf Vousvous (see E/CN.4/1999/61, para. 373),
the Government informed the Special Rapporteur that he had been convicted and
sentenced to six months' imprisonment for his criminal activities with the so—
called “Hamas” terrorist organization. He was re—arrested on 11 Decer er 1997 as
a result of his connection with the so—called organization and on suspicion of
organizing a terrorist attack. The Government replied that owing to the
seriousness of the allegations, he had been the subject of intensive
interrogation, during the course of which he petitioned the Israeli High Court
of Justice in relation to the conditions of his interrogation (480/98) . His
petition was later withdrawn. The Government further replied that he had filed a
complaint with the Department of Internal Police Investigations and an
investigation was carried out by authorized officials of the Ministry of
Justice. Mamon Vousvous and his interrogators were questioned at this
investigation, which decided that the interrogators had committed no wrongdoing.
Nevertheless, the Government indicated that the investigator made a
recommendation to the State Attorney that since prolonged handcuffing could
cause injury, it should be avoided in the future.
659. Concerning Ali Saalem Ali Balut (ibid., para. 374), the Government
replied that he had been a mer er of “Hamas” and had been arrested and jailed on
several occasions since 1989, most recently on 26 March 1998 when he was
residing illegally in Israel. After his arrest, he was interrogated on suspicion
of aiding the recruitment of “Hamas” members and on suspicion of engaging in
violent activities for “Hamas”. The Government stated that during his
interrogation he had petitioned the Israeli High Court of Justice regarding the
conditions of his interrogation (3250/98), which was struck out. The Government
further reported that he was currently standing trial for his offences. The
Government noted that he had not made a complaint to the Department of Internal
Police Investigations concerning his interrogation and, therefore, the
Government stated, it was impossible for it to answer the allegations of ill—
treatment.The Government informed the Special Rapporteur that if a complaint was
filed, it would be investigated by authorized officials of the Ministry of
Justice.
660. Concerning Asam Tzaadek a—Chalim Halman (ibid., para. 375), the
Government replied that he was arrested on 26 July 1997 on suspicion of having
assisted wanted members of “Hamas” . During his interrogation, he also submitted
a petition to the Court regarding his interrogation (4699/97), but later
withdrew his petition. The Government replied that he had not filed a complaint
to the Department for Internal Police Investigations concerning his
interrogation, therefore it was not possible to answer his allegations. The
Government stated that, as for Ali Saalem Ali Balut, if a complaint was filed,
it would be investigated by authorized officials of the Ministry of Justice.
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661. Concerning Fadi PiDdullah Sa'id Saffi (see E/CN.4/1997/7/Add.1,
para. 249), the Government replied that he was arrested on 4 May 1994 on
suspicion of terrorist activities for “Hamas”, for carrying out an attack on an
Israeli bus and for two other incidents involving Molotov cocktails. The
Government reported that he was tried, convicted and sentenced to five years and
two months' imprisonment. The Government further replied that he had never filed
a complaint regarding his interrogation and that if a complaint was filed, it
would be investigated by authorized officials of the Ministry of Justice.
662. Concerning Mahdi Muhammad Hussein Suleiman Shakrour (ibid., para. 250),
the Government replied that he was released on 18 May 1994 by the Israeli police
following his imprisonment for throwing stones. The Government further replied
that he had earlier been arrested and interrogated by police investigators and
was finally brought to trial, convicted and sentenced to 18 months'
imprisonment, 10 months of which were suspended. The Government informed the
Special Rapporteur that, to the best of its knowledge, he did not make a
complaint regarding his police interrogation.
663. Concerning Abdel Rahman Abd Ahmar (ibid., para. 254), the Government
replied that he was an activist in the so—called “George Habash” terrorist
organization. The Government reported that he had been jailed on several
occasions for his activities with that organization. The Government further
replied that on 15 February 1996, he was interrogated on suspicion of
involvement in planning violent terrorist attacks and carrying out an attack. He
filed a complaint in March 1996 regarding his interrogation, which was
investigated by the Ministry of Justice. The Government informed the Special
Rapporteur that during the investigation, Abdel Rahman Abd Ahmar was interviewed
and claimed that he was not harmed during the interrogation. The final
conclusion of the investigation was that there was no evidence of any wrong
doing by the interrogators.
664. Concerning Bassem Mahmad Abdulleh Niruch (ibid., para. 255), the
Government replied that he was jailed in 1992 for his activities as a member of
“Hamas” and re—arrested on 5 March 1996 on suspicion of military activities with
the same organization and in connection with carrying out terrorist attacks. He
was sentenced to eight years' imprisonment (four of which were suspended) in
March 1997. The Government informed the Special Rapporteur that following his
complaints to the International Committee of the Red Cross an investigation was
carried out by authorized officials of the Ministry of Justice. The Government
further stated that no basis was found for the allegation that he was beaten
during interrogation. The Government stated that, following conversations with
him and after gathering all the documentation, including medical reports, the
investigator determined that he was untrustworthy and his complaint was false.
665. Concerning Adnan Yunis Abu Magid Tabaaneh (ibid., para. 256), the
Government replied that he had been arrested in 1986 and 1994 and, most
recently, in March 1996, on suspicion of military activities on behalf of
“Hamas”. The Government further replied that he had petitioned the Israeli High
Court of Justice (1996/96) and his lawyer had filed a complaint with the
Department of Internal Police investigations, in both instances in respect of
his interrogation. In respect of the latter, the Government replied that an
investigation had been carried out and found that the interrogators had acted
lawfully.
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666. Concerning Walid All Mahmud Karageh (ibid., para. 257), the Government
replied that he was a senior activist in “Hamas” and had been arrested on
4 April 1996, tried and convicted. The Government further replied that during
his arrest he filed a petition to the Israeli High Court of Justice regarding
his interrogation (3508/96) . His lawyer also filed a complaint with the
Department of Internal Police Investigations. In respect of the latter, the
Government replied that an investigation was carried out, which included an
examination of medical reports and other documentation, and it was concluded
that the interrogators had acted lawfully.
667. Concerning Raad Shaib Phatcha Sunugrut (ibid., para. 258), the Government
replied that he had been arrested and interrogated on 15 March 1996 on suspicion
of assisting wanted members of “Hamas” and of planning terrorist attacks. The
Government further replied that he had made a number of admissions during the
interrogation and had been tried and sentenced to two years' imprisonment, after
which he was released in August 1998. During his interrogation, his lawyer filed
a complaint to the Israeli Court of Justice regarding his interrogation
(2708/96) and later also filed a complaint with the Department of Internal
Police Investigations. In respect of the latter, the Government replied that an
investigation had been carried out, which included an examination of medical
reports and other documentation, and it had been concluded that the
interrogators had not acted violently.
668. Concerning Muhamed Zachri Suchri Mujahed (ibid., para. 259), the
Government replied that he had been arrested on 11 April 1996 on suspicion of
mercJDership of the military wing of “Hamas”. The Government further replied that
he had made a number of admissions during interrogation and had been tried and
sentenced to three years' imprisonment. During his interrogation, his lawyer
filed a complaint to the Israeli Court of Justice regarding his interrogation
(2837/96) and later also a complaint to the Department of Internal Police
Investigations. In respect of the latter, the Government replied that an
investigation had been carried out and it had been concluded that the
interrogators had not acted violently.
669. Concerning Mussa Farid Mussa Masharqeh (see E/CN.4/1998/38/Add.1,
para. 212), the Government replied that he was arrested on 7 March 1995 on
suspicion of making contact with a wanted military activist in the “PFLP”. The
Government further reported that during a medical examination it was determined
that he suffered from asthma and he was therefore afforded close medical
attention throughout his interrogation. The Government informed the Special
Rapporteur that he had filed a complaint through the ICRC which was investigated
by authorized officials in the Ministry of Justice who had spoken with him.
According to the Government, he gave the impression of being untrustworthy and
there was no evidence found to support his allegation that illegal actions took
place during his interrogation.
670. Concerning Daher Ahmad Salah Abu Mayaleh (ibid., para. 213), the
Government replied that he had been arrested for the first time in May 1994,
tried and sentenced to a term of imprisonment, released in July 1995, and later
re—arrested on 15 February 1996 on suspicion of involvement in “Hamas” terrorist
activities. He was tried, sentenced and subsequently released in February 1997.
The Government informed the Special Rapporteur that during an application to
extend his sentence, he argued before the court that he had lost consciousness
for five hours following vigorous shaking by interrogators. The Government
further stated that this allegation was examined by the court, which called a
E/CN. 4/2000/9
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medical officer to give evidence, and rejected. He later filed a complaint with
the Department of Internal Police Investigations on 25 April 1996. The
Government replied that an investigation was carried out and the claim was
rejected.
671. Concerning Bashar Nazia Muhamad Tarabieh (ibid., para. 214), the
Government replied that he had been arrested on 19 August 1996 on suspicion of
two arson attacks. The Government replied that he had been released on the basis
of insufficient evidence and that he had not filed a complaint concerning the
manner of his interrogation. The Government assured the Special Rapporteur that
if a complaint was filed, it would be duly investigated by authorized officials
of the Ministry of Justice.
672. Concerning Azam Isma'il Saim Arada (ibid., para. 215), the Government
replied that he had been arrested on 17 October 1996 on suspicion of being an
activist in a “PFLP” terrorist attack. The Government further replied that he
had been interrogated for two weeks and released on 1 November 1996 on the basis
of insufficient evidence and that he had not filed a complaint concerning the
manner of his interrogation. The Government assured the Special Rapporteur that
if a complaint was filed, it would be duly investigated by authorized officials
of the Ministry of Justice.
673. Concerning lyad Abu Hamdieh (ibid., para. 216), the Government replied
that he was arrested at an army checkpoint on 9 April 1996 together with his
brother in connection with their involvement in terrorist attacks in which
Israeli civilians had been killed. The Government informed the Special
Rapporteur that during his arrest, lyad Abu Hamdieh had complained of medical
problems from which he suffered as a result of a previous road accident, but
that it was discovered that he was lying. He was subsequently released on 2 June
1996 without charges, and the Government replied that he had not filed any
complaint concerning the manner of his interrogation. The Government assured the
Special Rapporteur that if a complaint was filed, it would be duly investigated
by authorized officials of the Ministry of Justice.
674. Concerning Ayman Mahmad Fiyad Kafishah (ibid., para. 218), the Government
replied that, following his release from jail in August 1995, he had continued
activities with “Hamas” . The Government stated that he had been arrested on
5 April 1997 on suspicion of being involved in a suicide borcJDing at the Apropos
restaurant in Tel-Aviv, in which three innocent civilians had been killed. After
an interrogation in which he made a nur er of admissions, he was sentenced to
35 years' imprisonment. The Government further reported that during his
interrogation, he filed three petitions to the Israeli High Court of Justice
regarding the manner of his interrogation (2317/97, 2499/97, 267/97) . The first
petition was dismissed in Court and he withdrew the other two. The Government
further replied that he had not filed any complaint concerning the manner of his
interrogation. The Government assured the Special Rapporteur that if a complaint
was filed, it would be duly investigated by authorized officials of the Ministry
of Justice.
Observations
675. The Special Rapporteur welcomes the decision of the High Court of Justice
on 6 September 1999 declaring unlawful the interrogation techniques involving
“moderate physical pressure” and recognizing that they constitute torture or
cruel, inhuman or degrading treatment, absolutely prohibited under international
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law. He nevertheless regrets that, pursuant to the defence of necessity under
Israeli Law (there is no such defence against torture or similar ill—treatment
under international law) , the Court felt that such techniques could avoid
attracting criminal responsibility in certain extreme cases. He is pleased,
however, that he has learned of no cases of interrogation in which the security
services resorted to the techniques since the decision was handed down. He
sincerely hopes that draft legislation introduced in the Knesset aimed at
formally authorizing coercive techniques of interrogation will be vigorously
opposed by the Government and not become law. He also remains concerned at the
continuation of torture and ill—treatment of persons detained in southern
Lebanon under the de facto control of Israel.
Japan
ReQular communications and replies received
676. By letter dated 29 November 1999, the Special Rapporteur advised the
Government that he had received information on the following cases.
677. Uchiyama Kazuo was reportedly detained in Chiba Prison on 17 August 1993.
He was reportedly taken to an interrogation room on 30 August for a disciplinary
lecture after allegedly angering a guard by approaching him in an informal
manner. In the room, he was allegedly told to stand in a formal, upright
position while guards disciplined him. One guard allegedly forcibly straightened
two of his fingers which he could not straighten as he had diabetes, causing
both men to lose balance and fall over. After this occurred, 10 other guards
reportedly arrived who proceeded to kick and punch him and twist his arms behind
his back. He was later forcibly taken to a “protection cell” where he had his
clothes ripped off and was put in mataware pants with a slit cut in the seat for
defecation. In the cell, he was reportedly forced to lay face down on the floor
while he was allegedly restrained with a leather belt and metal handcuffs and
kicked repeatedly until he fell down. He has reportedly initiated legal
proceedings in relation to his treatment in prison at the Chiba District Court.
However, the Court has reportedly ordered that the practice of putting prisoners
in a “protection cell” is inadmissible in its examination of his case, following
a government objection.
678. Hiura Yoshitaka was reportedly incarcerated in the Yokohama Prison in
1991. He was reportedly placed in a single cell one year later, allegedly for a
minor offence, and held there until February 1994. When he reportedly attempted
to make a formal complaint against his treatment, he was allegedly subjected to
a violent assault by prison guards and then taken to a “protection cell”, where
he was allegedly forced, face down, on the floor, bound and with leather
handcuffs and stood on by a prison officer, causing him to bite his tongue and
bleed from his mouth. The guard reportedly put him in an extra pair of handcuffs
and then left him in this position in the “protection cell” for four days.
According to the information received, he has brought an action against the
prison authorities at the Tokyo District Court.
679. Zhou Bi Zhu, a Chinese woman who was pregnant at the time, was reportedly
arrested on 3 March 1997 and incarcerated in the Tokyo Detention House on
2 April 1997. Three days after her arrival at the prison, she reportedly
complained to a prison guard of a strong pain in her abdomen and that half of
her body felt as if it was paralysed. The guard reportedly replied that as it
was Sunday, there were no doctors available, and that she would have to wait
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until the following day to see a doctor. She reportedly did not see a doctor
until 22 April 1997 by which time the foetus was dead.
680. Yihaya Radwan Allam, an Egyptian man, reportedly contracted a skin
disease in the Tokyo Detention House in Nover er 1993, when he was allegedly
placed in an unsanitary cell containing insects and faeces. During a second
period of confinement in March 1994, 15 guards allegedly hit him, causing him
serious injuries, including near deafness in his right ear. He has reportedly
initiated legal proceedings complaining of his alleged ill—treatment in custody.
Jordan
UrQent a inieals and replies received
681. On 11 August 1999, the Special Rapporteur sent a joint urgent appeal with
the Chairman of the Working Group on Enforced or Involuntary Disappearances on
behalf of Jotiar Yahia Latif al—Salihi, his wife, Rawiya, their daughter Chimen
and their son, Latif, all Iraqi nationals who had reportedly been abducted on
9 July 1999 in Jordan by the Iraqi Intelligence Service (see above, under Iraq)
and who were said to be still held in incommunicado detention in an unknown
place in Jordan.
682. In the same urgent appeal they also intervened on behalf of Robar Yahia
Latif al—Salihi, his brother, Omaed, his sister, Joanne, and his mother,
Gulbahar, who were reportedly at risk of forcible repatriation to Iraq, where
they might be at risk of torture. They were reportedly informed by security
officers that their stay in Jordan had expired, the day following the
publication in an London—based Arabic newspaper of an interview with Robar on
the possible abduction of his brother's family.
Kazakhstan
Follow—un to previously transmitted corimunications
683. By letter dated 7 July 1999, the Government responded to all cases
transmitted by the Special Rapporteur in September 1998 (see E/CN.4/1999/61,
paras. 413-424).
684. Concerning Madel Ismailov, the Government indicated that on 2 May 1997
criminal proceedings were instituted against him for organizing activities
disturbing public order. He was put in custody in a remand centre from 18 June
to 17 Septer er 1997. The Government confirmed that during this period, he was
placed in a punishment cell after having declared he was on a hunger strike, but
denied that he was ill-treated at any time during his detention. It further
indicated that he had never complained about ill-treatment, in particular to his
lawyers or during court hearings. On 17 September 1997, he was sentenced by the
Almalin district court in Almaty to one year of corrective labour. The
Government further indicated that on 7 April 1998 the Auezov district court in
Almaty sentenced him to one year's deprivation of liberty for having publicly
insulted the honour and dignity of the President. The Government noted that he
had now been released from the corrective colony in Petropavlovsk after having
served his sentence and that he had not lodged any complaint concerning ill—
treatment during his time there.
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685. Concerning Valeriy Tonkonogov, the Government indicated that he had been
hospitalized at the regional hospital three days after he was arrested in March
1996. The forensic examination reportedly found that he had been subjected to
moderate bodily harm. The Government added that on 20 May 1996, his mother filed
a complaint to the Procurator's Office of Industrialny district in Pavlodar,
which instituted proceedings against the officials of the Pavlodar Office of the
State Investigating Committee (OGSK) for premeditated moderate bodily harm. The
investigations carried out by the Ministry for Internal Affairs and the regional
office of the Kazakhstan National Security Committee (KNB) found on 16 April
1998 that no offence had taken place.
686. Concerning Yevgeniy Tarasov, the Government confirmed that he had
complained of ill—treatment by three officials from the Ministry for Internal
Affairs, and indicated that those three officials had been killed in Pavlodar in
July 1996 while on duty. The Government also indicated that after several
investigations, his allegations had been declared unfounded.
687. Concerning Natalya Zabolotnaya and her boyfriend, V.P. Avdeyuk, the
Government confirmed that a medical examination found that they had suffered
bodily harm. On 15 April 1997, the Procurator of Ilichev district in Pavlodar
instituted criminal proceedings against officials of the OGSK. The proceedings
were later terminated on the ground that, according to witnesses, bodily harm
had been caused by other detainees. The Government noted that these two persons
had not complained about unlawful methods of investigation to the Assistant
Procurator who conducted regular checks of the temporary detention centre.
688. Concerning Viktor Rukavishnikov, the Government confirmed that he
reported the alleged ill—treatment to a trial judge and that a medical
examination confirmed that he had slight bodily injuries. However, the judge is
said to have found that he had sustained those injuries long before he was
arrested.
689. Concerning Sabit Kashkimbaev, the Government indicated that no evidence
was found that he had been ill-treated while in pre-trial detention. In March
1997, he was reportedly sent to Tashkent, Uzbekistan, to be tried, since his
case had been combined with criminal proceedings being conducted there.
690. Concerning Boris Dergachev, the Government confirmed the circumstances of
his arrest and that he had suffered moderate bodily harm which required
hospitalization. Preliminary investigations were carried out by the
investigating service of the KNE department for the Astana and Aqmola region,
but were stopped on the ground that the actions of the OGSK officials did not
constitute a criminal offence. The Government finally indicated that the Astana
Procurator's Office had recommended to the OKNB that additional investigations
be carried out.
691. Concerning Andrey Surgutskov, the Government indicated that he had
confessed in the presence of his lawyer to assaulting a victim and that a
medical examination found that he had sustained no bodily harm. On 22 May 1995,
the day he was charged, he reportedly complained about ill-treatment while being
interrogated and that his earlier statement admitting to the assault had been
obtained under duress. On 20 June 1995, he filed a complaint with the Astana
City Procurator. On 25 June 1995, the investigator decided not to pursue the
case against the militia personnel as their actions did not constitute any
offence. He also complained of ill—treatment during his trial at the Aqmola
E/CN. 4/2000/9
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regional court, which asked for further investigations to be carried out. On
5 October 1995, it was again decided that criminal proceedings would not be
instituted. Finally, the Government indicated, he was sentenced to 10 years'
deprivation of liberty for hooliganism and premeditated grievous bodily harm
leading to the death of the victim.
692. Concerning Andrey Shtelts, the Government confirmed that he had
complained of ill—treatment during his November 1995 trial. Investigations
confirmed that he had obtained first aid for an injury to his right knee in the
casualty unit of the Zhezgazghan city office of the Ministry of Internal
Affairs. At that time, he reportedly did not lodge any complaint of having been
beaten. On 16 February 1996 the investigator of the former GSK administration
for the Zhezgazghan region decided not to institute criminal proceedings as the
conduct of the incriminated officials of the Ministry of Internal Affairs in his
view did not constitute an offence. Finally, the Government indicated that
Andrey Shtelts had been sentenced to five years' deprivation of liberty.
693. Concerning Andrey Kolvakh, the Government indicated that on several
occasions he had confessed in the presence of his lawyer to causing light bodily
harm and to unlawfully detaining the victim, and that he had not complained of
unlawful methods of investigation during his trial. On 16 March 1998, he was
sentenced by the Uralsk city court to three years' deprivation of liberty. A
claim of ill—treatment was eventually reviewed under an appeal procedure by the
West Kazakhstan regional court, which concluded that his claim was unfounded.
694. Concerning Pyotr Privalov, the Government indicated that irimediately
after his arrest he had voluntarily confessed to theft. His claim that unlawful
methods of investigation had been used against him was decided to be unfounded.
695. Concerning Gennadiy Yakuenko, the Governement indicated that he was not
on the list of persons arrested or detained in 1997.
Kenya
UrQent a inieals and replies received
696. On 19 February 1999, the Special Rapporteur sent an urgent appeal on
behalf of four persons who were said to be in the Greek embassy in Nairobi: two
women, Melsa (no surname) , reportedly holding a German passport, and Nujan (no
surname) , and two men, Ibrahim Ayaz, reportedly holding a Swedish passport, and
Bylan (no surname), reportedly holding a French passport. They were reportedly
accompanying Abdullah äcalan. Fears had been expressed that they might face
imminent and forcible repatriation to Turkey, where they might be at risk of
torture and other forms of ill—treatment.
Observations
697. The report of the Special Rapporteur on his visit to Kenya is contained
in Addendum 4 to the present report.
E/CN. 4/2000/9
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Democratic People's Republic of Korea
ReQular communications and replies received
698. By letter dated 29 November 1999, the Special Rapporteur advised the
Government that he had received information according to which conditions in
detention settlements for political prisoners are very harsh. Prisoners are
allegedly frequently ordered to undertake heavy labour for up to 18 hours a day.
Some prisoners are reportedly forced to perform this labour while wearing iron
leg restraints, metal collars and other restraints. Inadequate food supply,
coupled with sleep deprivation, has reportedly led many prisoners to faint from
hunger and exhaustion when undertaking forced labour. Punishment cells are said
to be too low for a prisoner to stand upright and too small for a prisoner to
lie down flat. Prisoners have reportedly been kept in such cells for several
weeks for breaking prison rules. Forced abortions are allegedly practised and
reportedly no medical care is provided.
699. The Special Rapporteur also transmitted information about the Kaechon
Prison, where conditions are reportedly very harsh. Prisoners are said to be
only allowed the use of one toilet for 300 people, in shifts, at three fixed
times a day. Prisoners are reportedly only allowed to take a shower two or three
times a year. Sleeping charters are reportedly severely overcrowded, flea—
infested and dirty. Prison authorities allegedly maintain a strict regime of
control through severe punishment for disobeying rules. Prisoners must not speak
with each other, laugh or sing. Those who breach the rules are reportedly told
that they will be severely punished. Prisoners are reportedly ordered to keep
their heads down at all times, resulting in lumps on prisoners' shoulders and
heads. Many prisoners are reportedly crippled and hunchbacked as a result.
Prisoners are allegedly frequently whipped, kicked, beaten and punched.
700. Lastly, the Special Rapporteur transmitted information on Soon—ok Lee.
She was reportedly detained for 14 months at the Nongp'o Assembly Point,
followed by six years in the Kaechon Political Prison from 1987 to 1992. While
at the Asser ly Point, she was allegedly lashed with a triangular rubber whip
while naked and tied to a frame, causing swollen wrists and bruises over her
body. She was allegedly kept awake for three to four days in a row. She was also
allegedly put into a hot brick kiln where officers poured water over her,
causing her to lose consciousness. She was allegedly also tied to a bed and
forced to swallow large amounts of water pouring down from the ceiling. When she
reportedly lost consciousness as a result, a board was allegedly put on her body
which officers then trampled on until she vomited. In November 1987, when she
was brought to the Kaechon Political Prison, a female prison officer allegedly
kicked her with her boots. After more than six years' hard labour, by which time
she was reportedly in very poor health, including a damaged pelvis and paralysed
face, damaged back and left leg, she was reportedly released in Decer er 1992
and sent to Onsong camp before leaving the country in 1994.
701. By letter dated 9 Decer er 1999, the Government responded to these
allegations, but questioned the sources of information of the Special
Rapporteur. It denied the allegations, and in particular the existence of
“political prisoners camps”. It indicated that there existed three “reform
institutions through labour”, respectively in Sariwon City, Pyongyang City and
Chommae County. It referred to its Socialist Constitution, which stipulates that
working days should be eight hours long. According to the Criminal Procedures
Act, pregnant women are neither detained, nor ordered to perform labour from
E/CN. 4/2000/9
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three months before, to seven months after, their delivery. Medical care is free
for everybody.
702. Concerning Soon—ok Lee, the Government indicated that she had never been
detained. It also denied the existence of the Kaechon Reform Institution.
Republic of Korea
ReQular communications and replies received
703. By letter dated 29 November 1999, the Special Rapporteur advised the
Government that he had received information on the poor conditions in many
prisons. In many prisons medical care is reportedly inadequate, particularly in
relation to the health care needs of women. Prisoners are allegedly frequently
held in solitary confinement for long periods, sometimes even years, are
deprived of sleep for several days, questioned throughout the night, threatened
and beaten.
704. The Special Rapporteur transmitted information on the following
individual cases.
705. Park No—hae was reportedly arrested in March 1991 by mer ers of the
Agency for National Security Planning (ANSP) and interrogated for over 30 days.
He was allegedly severely beaten and, for the first 10 days of interrogation, he
was allowed to sleep only for a few hours each night. The Government replied on
14 December 1999 (see para. 708 below)
706. Baik Tae—ung a leader of the Socialist Workers League, SanomaenQ , was
reportedly arrested in April 1992 by members of the ANSP. After his arrest, he
was reportedly interrogated for 22 days during which time he was allegedly
deprived of sleep for long periods, beaten and injected with drugs, purportedly
in an attempt to extract a confession. The Government replied on 14 December
1999 (see para. 708 below)
707. Kim Nak-Jung, the former Co-President of the MinjunQ Party, was
reportedly detained from 25 August to 15 September 1992 by members of the ANSP
who accused him of having met four North Korean agents between 1990 and 1992. He
was allegedly beaten by a group of ANSP agents using clubs, particularly on his
fingers, resulting in scars and bruising on his head and arms. He was also
allegedly deprived of sleep for long periods causing him to faint during
interrogation. The Government replied on 14 December 1999 (see para. 708 below)
708. Yang Hong-Kwan was reportedly arrested by agents of the ANSP in September
1992. At the time of his arrest, he was allegedly stripped, beaten, forced to do
repeated physical exercise and deprived of sleep. As a result of this alleged
mistreatment, he reportedly made a confession. The Government replied to the
above four cases together on 14 December 1999. It indicated that the four men
were released on 15 August 1998 under a general amnesty. The Government stated
that none of the men had filed any complaint nor any lawsuit for State
compensation for any alleged torture. The Government advised that since being
released, Park No—hae has freely engaged in various literary activities, and
Baik Tae-Ung has moved to the United States to undertake graduate studies.
709. Oh Jeung-Eun, Han Sung-Ki and Jang Suk-Jung were reportedly detained by
four ANSP agents at the Seoul District Prosecution Office, from 31 August to
E/CN. 4/2000/9
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14 Septer er 1998, on suspicion of having plotted to provoke an armed attack
during the December 1997 presidential campaign. Oh Jeung-Eun was allegedly
strangled and hit on his chest, cheeks and lips, suffered a nur er of wounds,
particularly to his lips and mouth and later appeared in court violently
shaking. Han Sung—Ki was allegedly also severely beaten, in order to extract a
confession. He reportedly suffered wounds to his chest, scars on both of his
knees and around his waist, and severe bleeding. Jang Suk—Jung was allegedly
beaten on his stomach, legs, feet and face with a bottle. Both of his feet were
allegedly smashed. He reportedly suffered damaged bowels and severe bruising to
his face and body, especially his legs. The three men reportedly appeared before
a Seoul District Court judge on 3 October 1998 in relation to their alleged
treatment at the Seoul District Prosecution Office. The Government replied on
14 December 1999 that the three men were tried and subsequently released on
bail, on charges of having plotted to induce North Korea to armed provocation
during the December 1997 presidential campaign. The Government indicated that
the men had made a complaint alleging that they were tortured by National
Intelligence Service investigators during their interrogation and that the
complaint was currently being investigated by the Prosecutor's Office.
Observations
710. The Special Rapporteur appreciates the response from the Government. He
draws attention to and shares the concern of the Human Rights Committee in its
concluding observations on the review of the country's periodic report under the
International Covenant on Civil and Political Rights. Specifically, the
Corimittee “takes note of the procedures for monthly monitoring of conditions in
detention centres by prosecutors, but it is concerned that these and other
mechanisms are not adequate to prevent instances of torture and cruel, inhuman
and degrading treatment of detainees. The small percentage of cases in which
complaints of torture or cruel, inhuman and degrading treatment lead to action
against officials calls into question the credibility of the existing procedures
of investigation.” (CCPR/C/79/Add.114, para. 14)
KyrQyzs tan
ReQular communications and replies received
711. By letter dated 29 November 1999, the Special Rapporteur advised the
Government that he had received information according to which the conditions
(in particular, sanitary conditions) in pre—trial detention centres (SIZOs) are
very poor. There is a reported lack of food and medicine. Owing to severe over-
crowding, prisoners must reportedly sleep in shifts. Poor conditions in two
juvenile correctional facilities were also reported: the Belovodskoe
correctional facility and Vosnesenovski correctional facility. Detainees in
these two facilities are reportedly deprived of adequate food, clothing and
footwear and many are ill.
712. The Special Rapporteur also transmitted the following cases.
713. 1.1. Skorokhodov, a Russian, was reportedly arrested on 25 May 1998 by
militia officers in Chui—Tokmok. He was reportedly taken to a nearby house,
where, for 30 minutes, officers allegedly kicked him, particularly in the area
of his liver and kidneys, and hit his head causing him to lose consciousness. He
was reportedly taken to City Militia Station No 4. An officer and the militia
captain allegedly hit his head. They reportedly told him to get out of
E/CN. 4/2000/9
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Kyrgyzstan if he survived their treatment of him. He reportedly lost
consciousness several times when a rope around his neck was tightened. Officers
allegedly threatened to kill him, but reportedly decided not to as too many
people had seen his arrest. He was reportedly taken to the Chui-Tokmok district
militia police department (ROVD) where he was put in an isolation facility (IVS)
where officers allegedly continued to beat him for around 30 minutes. He was
reportedly taken to the Tokmak City Court on 26 May 1998 where he complained to
the judge about his alleged ill-treatment, for which the judge reportedly
apologized and said that he could not do anything about it. On 27 May 1998 he
reportedly lost consciousness and was hospitalized for over a month with
serious concussion, numerous abrasions and bruises on this body, signs of
suffocation and an open wound on his lips. He has reportedly filed a complaint
with the City Administration, the Prosecutor's Office and the militia. He was
re—arrested for hooliganism on 2 Septer er 1998, allegedly as a result of making
his complaint to the militia, and placed in the Tokmok IVS where he was
allegedly denied medical treatment and food. On 26 February 1999, he was
reportedly sentenced to six years in a strict correctional facility, which he is
now believed to be serving.
714. Uulbolsun M was reportedly detained on 11 August 1998 by the investigator
of the Pervomaiski district Department of the Interior (ROVD) and taken to the
Pervomaiski district Public Prosecutor's department. She was allegedly
threatened and intimidated before being taken to a cell where an attempt was
made to take a photograph of her. When she reportedly refused to have her
photograph taken, a guard allegedly grabbed her hair and started to beat and
kick her, causing her to lose consciousness. She reportedly lost consciousness
the following day as well, allegedly from being beaten by guards. She was
reportedly later taken to City Hospital No 4.
715. Pavel Bals was reportedly taken from his home by officers of the
Oktyabrski ROVD on 1 Septer er 1998 and taken to their offices wearing only his
underwear. There, he was allegedly severely beaten and sustained three broken
ribs and injuries to his neck. His neck was later reportedly operated on owing
to the injuries allegedly sustained by the beatings.
Follow—un to previously transmitted corimunications
716. By letter dated 29 december 1998, the Government responded to an urgent
appeal sent by the Special Rapporteur on 26 October 1998 (see E/CN.4/1999/61,
para. 439) on behalf of 12 persons detained at the Jalal—Abad temporary
detention centre. The Government indicated that a commission composed of
officers of the General Prosecutor's Office and of the Ministry of the Interior
had been sent to the Jalal—Abad region to examine the case of the persons
mentioned in the urgent appeal. All were legally detained. Concerning the
conditions of their detention, the Government recognized that the allegations,
in particular regarding overcrowding, were founded and indicated that
appropriated measures had immediately been taken to improve them. It
nevertheless indicated that detainees were receiving food three times a day, had
beds with mattresses and blankets, and outside exercise twice a day. Lastly, the
Government indicated that a two—year moratorium on the execution of death
penalty sentences had been declared by the President on 4 Decer er 1998 to
celebrate the 50th Anniversary of the Universal Declaration of Human Rights, and
that a draft amnesty law was currently being considered by the Parliament.
E/CN. 4/2000/9
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Observations
717. The Special Rapporteur draws attention to and shares the concerns of the
Corimittee against Torture, in its conclusions and recommendations on its review
of the country's periodic report under the Convention against Torture, in
respect of “the numerous and continuing reports of torture ... and other cruel,
inhuman, or degrading treatment or punishment (sometimes including children) by
law enforcement personnel” (CAT/C/23/6, para. 5)
Lao People's Democratic Republic
ReQular communications and replies received
718. By letter dated 29 November 1999, the Special Rapporteur advised the
Government that he had received information on the following case.
719. Khamtanh Phousy, an army captain, has reportedly been detained in a
nur er of prisons since March 1996, in particular in the C—156 prison in Kieng
Khouang, in Sam Neua in Houa Phanh province, and in Prison Camp No. 7 at Ban
Sophao, where guards reportedly told other prisoners not to speak with him. He
allegedly had his legs chained together and was locked for 20 days into a wooden
stock, so that he could not stand, walk, bathe, eat or use the toilet. He was
reportedly released when prisoners broke his chains. Following an escape
attempt, his legs were allegedly chained together, and he was reportedly placed
in an iron stock.
Lebanon
UrQent a inieals and replies received
720. On 26 february 1999, the Special Rapporteur sent an urgent appeal on
behalf of Mahmud Ahmad Jallul, a cameraman for the official Lebanese television
station, Tele—Liban. He had reportedly been detained incommunicado since
11 February 1999 when he was arrested. At the time of his arrest, he was
allegedly beaten and bundled into a car by five unidentified plain-clothes men
who showed no arrest warrant. Government sources reportedly confirmed that he
was being held by the Lebanese authorities on charges of “collaboration with
Israel” and spying for Mossad, the Israeli secret service. Furthermore, he was
said to be suffering from high cholesterol and to require regular medication.
Follow—un to previously transmitted corimunications
721. By letter dated 7 Decer er 1998, the Government responded to a
corimunication sent by the Special Rapporteur on 3 September 1998 (see
E/CN.4/1999/61, paras. 441-444) . It indicated that the courts diligently
safeguard human rights and are extremely eager to ensure that no right is
violated.
722. Concerning Antoinette Yusuf Chahin, the Government indicated that the
security officers who had allegedly tortured her while she was questioned had
denied in court, after taking the oath, that she had been subjected to any form
of torture. A medical examination requested by the first examining magistrate is
said to have found no anomaly attributable to torture.
E/CN. 4/2000/9
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723. Concerning the death of Munir Mtanios, the Government indicated that
medical reports clearly showed that he had died as a result of a severe heart
attack. His body had showed no trace of violence or assault.
724. Concerning the death of Tareg al-Hassaniyah, the Government indicated
that during his detention at the Beit ed-Din police station, he beat his head
against the walls and iron door of his cell after being found to have committed
a number of thefts. According to the Government, this caused a haemorrhage in
his head, as a result of which he rapidly died before the staff of the police
station could transfer him to the hospital. An investigation confirmed that his
death was not caused by torture.
Mal ays i a
ReQular communications and replies received
725. By letter dated 29 November 1999, the Special Rapporteur advised the
Government that he had received information on the two following cases.
726. Dr. Munawar Anees was reportedly arrested on 14 September 1998 under the
Internal Security Act (ISA) and was allegedly subjected to severe physical and
psychological pressure during incommunicado detention to confess to sexual acts
with Anwar Ibrahim on behalf of whom the Special Rapporteur intervened in
October 1998 (see E/CN.4/1999/61, para. 458) . On 19 September 1998, he was
reportedly convicted of “unnatural offences” under section 377D of the Penal
Code, after he pleaded guilty. He later reportedly appealed his conviction and
sentence, claiming that his confession had been coerced. During his prolonged
interrogation, he was shaved bald, verbally insulted and threatened, stripped
naked and forced to mimic homosexual acts. He was allegedly held in a tiny
windowless cell and deprived of sleep.
727. Sukma Darmawan, the adopted son of Anwar Ibrahim's father, was reportedly
arrested on 6 September 1998 and was held in incommunicado detention for
15 days. On 19 Septer er 1998, he was also convicted after he pleaded guilty to
“having allowed himself to be sodomized by Anwar Ibrahim”. He was then
reportedly transferred to Bukit Aman federal police headquarters where he was
detained incommunicado. During his prolonged interrogation by police in order to
make him confess, he was allegedly subjected to severe psychological and
physical pressure, including being stripped naked in a cold room, humiliated,
struck, and threatened with indefinite detention under the Internal Security Act
(ISA) . Police are said to have humiliated him by making him stand naked and by
groping his genitals and pinching his nipples while taunting him with
humiliating words. He was allegedly placed in a small, damp and cold cell. In
May 1999, the High Court is said to have dismissed his appeal against his
conviction and sentence, stating that there was no miscarriage of justice
because he had admitted to the facts. He reportedly appealed the ruling.
UrQent a inieals and replies received
728. On 24 February 1999, the Special Rapporteur sent an urgent appeal on
behalf of Shaharudin Abdul Kadir. He had reportedly been detained incommunicado
under the ISA at his home in the early hours of 19 February 1999. He had
reportedly been detained under suspicion of association with the Reformasi
movement for social and political reform in Malaysia. By letter dated 19 March
1999, the Government replied that he had been arrested on suspicion that he was
E/CN. 4/2000/9
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involved with a syndicate that forged temporary work permits, the official
documents of the Malaysian Immigration Department enabling foreigners to stay,
work and move freely in the country. It further replied that his involvement
with the syndicate was a serious offence, affecting national security. The
Government stated that his detention was therefore in accordance with the law
and rejoined that information transmitted that he was reportedly detained
because of his association with the Reformasi movement was inaccurate. In
relation to fears of torture, the Government stated that they were equally
unfounded.
729. On 15 April 1999, the Special Rapporteur sent an urgent appeal on behalf
of Tian Chua, chairperson of the Malaysian Peoples' Coalition and several other
individuals, including Abdul Malek Hussein. They had reportedly been assaulted
while they were carrying out a peaceful protest, near the National Mosque in
Kuala Lumpur against the judgement under which the former Deputy Prime Minister,
Anwar Ibrahim, was sentenced to six years' imprisonment. He reportedly appeared
to have sustained serious injuries to his body and lircJis and his face was
reported to be swollen and bleeding. It was claimed that he was denied medical
attention. The Special Rapporteur had already sent information concerning Tian
Chuan in relation to previous allegations of torture after his arrest on
21 November (see E/CN.4/1999/61, para. 459) . Abdul Malek Hussein recently lodged
a complaint of torture while in police custody.
Follow—un to previously transmitted corimunications
730. By letter dated 24 December 1998, the Government responded to an urgent
appeal sent by the Special Rapporteur on 1 October 1998 on behalf of Dato' Anwar
Ibrahim (see E/CN.4/1999/61, para. 458) . The Government indicated that on
29 septer er 1998 the Chief Prosecutor had informed the court that Anwar Ibrahim
had alleged that he had been beaten while in police custody. Thus, an
independent team of police not involved in the case investigated his
allegations. On 20 Nover er 1998, the team reportedly submitted its findings to
the Attorney-General who, at the time of the reply, was reviewing them. The
Government enclosed a list of all the persons arrested under the ISA. They had
all been released between the end of September and mid—NovercJier 1998, except
S. Nallakarupan, who had been charged under section 57 (1) (b) of ISA with
unlawful possession of ammunition. His trial was said to have been postponed to
25 January 1999.
Mali
ReQular communications and replies received
731. By letter dated 3 September 1999, the Special Rapporteur advised the
Government that he had received information concerning the following cases.
732. The persons detained by the State security police and the gendarmerie
were reportedly chained hand and foot. Some, including Roger Alfred Dao, are
said to have been detained under these conditions for six months. Throughout his
detention he allegedly had no contact with the outside world and did not see the
light of day. He reportedly had to relieve himself into plastic bags which were
removed once a week.
733. Mady Kamakoye Diallo, former minister in the government of President
Moussa Traoré, and six soldiers, Moriba Dailla, Yacouba Traoré, Roger Alfred
E/CN. 4/2000/9
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Dao, Abdou Kemenani and Amara Berthé, detained since October 1996, and Yacouba
Keita, detained since Decer er 1996, are all said to have been accused of
attempting to overthrow the Government and threatening the security of the State
and to have been sentenced to between 15 and 18 months of imprisonment by the
Bamako Assize Court. At the time of their arrest, they were allegedly
interrogated by the State security police for more than five days and held
incommunicado for more than 15 days. Mady Kamakoye Diallo was reportedly held
incommunicado for four days, while Amara Berthé was brought before a judge more
than 45 days after his arrest. During their trial, in March 1998, they are said
to have testified to having been tortured while in police custody. At their
trial, the six soldiers reportedly still bore traces of the torture they had
suffered months earlier while being held in custody. It is alleged that they
were hit, had their hands and feet chained and, after being sprayed with water,
were forced to kneel in the courtyard of the police station and undergo a mock
execution, as well as being made to go without food and water for three days and
deprived of sleep. It seems that Mady Kamakoye was not physically tortured, but
was deprived of sleep, while threats were made against his family. The men are
said to have been heard by a judge in the presence of their alleged torturers.
The Assize Court is understood to have taken the police reports into account,
despite their testimony.
Me x i c 0
ReQular communications and replies received
734. By letter dated 8 October 1999, the Special Rapporteur advised the
Government that he had received information concerning the following cases. By
letters dated 27 October and 15 December 1999, the Government replied to several
of the cases mentioned in the Special Rapporteur's letter.
735. Alfonso Martin del Campo Dood, a United States national, is said to have
been tortured by at least ten policemen in the office of the commander of the
Benito Juárez police station, on 29 May 1992. At present, he is believed to be
being held in the Pachuca Hidalgo Social Rehabilitation Centre (CERESO) . He is
reported to have been forced to sign a statement assuming responsibility for the
murder of his sister Juana Patricia Martin del Campo Dood and her husband. He
appears not to have had the benefit of legal assistance at the time of his
statement was made. The judicial police officer Sotero Galván Gutiérrez was
found liable under the administrative discipline procedure for having
arbitrarily arrested and beaten Alfonso Martin del Campo. The officer is
understood to have been disqualified for a period of three years. On the other
hand, three other officials of the Public Prosecutor's Office were found not to
be liable. Alfonso Martin del Campo was reportedly found guilty of double
homicide and sentenced to 50 years imprisonment. The Fourth Collegiate Criminal
Court in the Federal District apparently did not accept a direct am aro
application. Likewise, Alfonso Martin del Campo's application to the High Court
of Justice in April 1999 for recognition of his innocence appears to have been
disallowed. Despite the fact that Mr del Campo is said to have lodged a criminal
complaint for torture against the judicial police allegedly involved, no
proceedings appear to have been taken against any of them.
736. By letter of 15 December 1999, the Government advised that the National
Human Rights Commission (CNDH) had opened five dossiers relating to complaints
made by Alfonso Martin del Campo Dood; according to the first dossier, dated
6 January 1998, the complainant had been arbitrarily arrested and tortured by
E/CN. 4/2000/9
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officials of the Federal District Government Procurator's Office. The CNDH is
said to have closed this dossier on 23 April 1998 because the Procurator's
Office had instituted official liability proceedings against Juan Marcos Bodillo
Sarabia, Javier Zamora Cortés and Sotero Galván Gutierrez, in their capacity of
public servants, without arbitrary arrest and torture having been proved. The
Government also advised that the second dossier had been opened by the CNDH on
7 August 1998 with the authorities of the Oriente remand prison being accused of
responsibility for alleged violations of the human rights of Martin del Campo.
According to the information received, this dossier was closed on 22 October
1998, the question having been settled during the trial. Martin del Campo is
said to have asked the CNDH to obtain his transfer to another prison. This was
apparently refused by the Pre—Trial Detention and Social Rehabilitation
Directorate because the CNDH is not competent to deal with this type of request.
The dossier is reported to have been closed on 25 January 1994. The third
dossier was opened in response to a petition for early release by the person
concerned. This was closed on 29 June 1994 for the same reasons as mentioned
above. The Government noted that on 21 July 1994 the CNDH opened another dossier
because of the mistreatment allegedly suffered by Martin del Campo during his
transfer to the Pachuca Hidalgo Social Rehabilitation Centre (CERESO) which had
been authorized by the Ministry of the Interior. According to the information
provided, the CNDH issued a recorimendation which appears to have been
implemented, the complainant having been admitted to the Tula de Allende CERESO
on 23 June 1996. It was reported that an investigation had been opened into a
homicide for which Martin del Campo was alleged to be responsible. As far as the
officials are concerned, Sotero Galván Gutierrez is said to have admitted to
having beaten Martin del Campo Dood and to have been dismissed and disqualified
from holding a position as a public servant; Juan Marcos Badillo Sarabia and
Delfino Javier Zamora Cortes were found not to be officially liable for the
alleged infringements.
737. Alma Delia Laurel Benitez, a student, and the peasant Justino Bolanos
Rodriguez, both aged 20 and living in the corimunity of Zacualpán, municipality
of Atoyac de Alvarez, are reported to have been arrested with violence on
17 April 1999 by two mer ers of the State Judicial Police who were not in
uniform and were carrying heavy—calibre weapons. The two policemen took them to
the Tecpan de Galeana CERESO, where they are said to have been tortured
physically and psychologically. It is alleged that both were forced to sign a
statement under torture.
738. According to the Government, Alma Delia Laurel Benitez and Justino
Bolanos Rodriguez were arrested for abduction, on the basis of the facts
established in preliminary investigation No. GALE/ATOY/115/04/99 which is
available in the office of the public prosecutor for non—federal offences of the
judicial district of Galeana, Guerrero. Consequently, on 17 April 1999, they
were lawfully arrested and made a statement acknowledging their participation in
the abduction.
739. On 1 February 1999, approximately 150 heavily armed municipal, anti-riot
and State judicial police officers are reported to have attacked, beaten and
arrested more than 300 indigenous Nahua and Otomi. Two helicopters allegedly
dropped tear gas on men, women, children and old people. As a result, a number
of people apparently suffered broken arms and ribs and at least ten others are
said to have been injured so seriously that they had to be taken to hospital in
Tampico and Pachuca. According to information received on 18 March 1999 by the
Special Rapporteur, all those detained had been released, although charges were
E/CN. 4/2000/9
page 146
still in effect against some of them, including Rosa Hernández, President of the
Union of Women, Juan Bautista Hernández, Nicolás Flores Hernández and Nicolás
Martines, who had been freed on bail.
740. Esperanza Parra Batiz, Guadalupe Hernández, Ruben Barrios MCndez,
Heraclio Blanco Sanchez, Victor Alejandro Navarro de Lira, aged one year and
five months, and twenty others, including women and children, are reported to
have been removed by force from the offices of the Ministry of Education and
Culture (SEC) by a group of approximately 60 heavily armed ministry police in
Fresnillo, Zacatecas, on 18 Decer er 1998. It is alleged that even though the
evacuation was peaceful as far as the demonstrators were concerned, when they
asked for permission to collect belongings that had been left behind, the police
proceeded to abuse, assault and beat them, mainly on the abdomen and back, with
the result that Esperanza Parra Batiz, Guadalupe Hernández, Ruben Barrios
MCndez, Heraclio Blanco Sanchez and Victor Alejandro Navarro de Lira were
injured.
741. Juan Chivarras de la Cruz, Miguel Hernández de la Cruz and Isidoro Lopez
Diaz were allegedly tortured by members of the Mexican Army on 20 December 1998.
Following the discovery of the dead body of Phillip True, a United States
journalist, who had been strangled, mer ers of the Mexican Army are said to have
tortured Isidoro LOpez Diaz in the community of San Sebastian, Teponahuaxitlan,
in order to discover the whereabouts of Juan Chivarras de la Cruz and Miguel
Hernández de la Cruz. Afterwards, they reportedly arrested the two latter and
extracted statements from them under torture. Both apparently confessed to
having strangled Phillip True, although the results of a second autopsy, carried
out by a United States forensic expert, are said to have shown that True did not
die of strangulation but as a result of being beaten.
742. By letter dated 15 December 1999, the Special Rapporteur received
information from the Government concerning the case of Juan Chivarras de la
Cruz, Miguel Hernández de la Cruz and Isidoro LOpez Diaz. According to this
information, the Human Rights Corimission of Jalisco State had sent the CNDH a
dossier establishing that between 15 and 17 December 1998 units of the armed
forces arrived at the village of Almoltita to investigate the death of the
United States journalist Phillip True and track down the suspects, Juan
Chivarras de la Cruz and Miguel Hernández de la Cruz, who were arrested on
24 December 1998 and turned over to the Government Procurator of Jalisco State.
CNDH inspectors came to San Sebastian Teponahuaxtlán to gather information and
obtain the relevant reports from the authorities. A dossier is being compiled
within the context of the prosecution of Juan Chivarras de la Cruz and Miguel
Hernández de la Cruz for aggravated homicide and aggravated assault in the case
of the murder victim Phillip True.
743. Arturo Rios Morales is reported to have been arrested on 23 September
1998 by four members of the State judicial police on Avenida de Cuauthómoc in
the city of Acapulco, Guerrero. He is said to have been taken with a hood over
his head, handcuffed and legs bound to the office of the judicial police
corimander where he remained for three or four hours. After being untied, he was
allegedly taken to a van and left lying on the seat for some four hours. Three
or four other people then entered the vehicle and three of them got on top of
the body of Arturo Rios Morales, poured water through his nose and stuffed a rag
in his mouth, over a period of approximately two hours, to make him confess to
abductions and murders that had taken place in the village of El Quemado. The
next day he was reportedly driven to El Quemado and taken on foot along the road
E/CN. 4/2000/9
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to Koyamichal. When the party reached a river, he was allegedly held under water
several times to make him confess to the above—mentioned acts. They then went on
to Coyamichal where Arturo Rios Morales had told them he was holding someone he
had abducted. After finding that this was not true, it is alleged that the
police officers beat him and two of them pointed a shotgun and a pistol at him.
Getting no response, they decided to take him to the office of the State
judicial police commander in the Jardin Sector. He was then reportedly held
incommunicado from 24 September to 30 September, receiving food on only four
occasions. The next day he was turned over to the government procurator for non—
federal offences in Atoyac de Alvarez to make a statement. The attorney Alanis
Santos is alleged to have said, at first glance, that Arturo Rios Morales “had
not even been beaten”. Arturo Rios Morales reportedly stated that he had been
tortured by Corimander Javier Villalobos and men under his command. It appears
that he also complained to the State Human Rights Commission which certified the
following injuries: nasal abrasions around the septum, inflammation of the right
posterior part of the head caused by a blunt instrument and abrasions on the
right wrist, also caused by a blunt instrument.
744. In connection with the case of Arturo Rios Morales, the Government noted
that the Human Rights Commission had decided to open a dossier. The dossier is
currently in the process of being compiled.
745. Elvia Garcia Quinonez, aged 18, is reported to have been arrested on
14 October 1998 by two members of the State judicial police in Atoyac de
Alvarez, Guerrero State. She is said to have then been bundled into a patrol—
car, roughed up and threatened. She was driven towards Acapulco and transferred
into another vehicle in which she was beaten and threats were made. It is
alleged that she was then taken to the Corimander's office where she was
handcuffed with her hands behind her back, blindfolded and beaten in order to
extract a confession concerning a case of abduction. From there she was taken to
Chilplancingo where she was ordered to cooperate and offered money if she would
incriminate others. One of the officers is said to have told her that he had
come from Mexico City with orders to kill her. Elvia Garcia's head was allegedly
forced into a water tank and she was beaten on the ribs; she was taken to a
hotel in the suburbs of Chilplancingo where she was left handcuffed and
blindfolded until the next day when she was taken back to Chilplancingo where
she was tortured and threatened with death. When Elvia Garcia told the officer
in charge that two of her uncles were generals, he ordered his men to leave her
alone and stop beating her. She is understood to have been released on
16 October 1998.
746. Lorenzo Téllez Gonzalez was reportedly thrown to the ground and beaten by
four members of the Office of the Attorney—General of the Republic (PGR) in
Independencia Street, in the centre of Atoyac de Alvarez, Guerrero State, on
14 November 1998. He was subsequently blindfolded and is presumed to have been
taken to Acapulco where he apparently received further blows and electric
shocks. Lorenzo Téllez is said to have been threatened with death if he made an
official complaint. Afterwards it became known that 12 other people from the
Atoyac area had also been arrested, including Margarito Arreola. Threats were
allegedly made to kill her 14-year old son if she did not confess to being a
mer er of the People's Revolutionary Army.
747. According to information received from the Government, the PGR has not
opened a preliminary investigation or a detailed report on the case of Lorenzo
E/CN. 4/2000/9
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Téllez Gonzalez. The CNDH has sent the Government a dossier which is currently
being processed.
748. Luis David Villavicencio Mares was arrested on 1 August 1998 by two
judicial police officers because of his suspected involvement in a robbery. They
allegedly put him in one vehicle and then transferred him to another in which
there were two other officers who, together with those who had arrested him,
interrogated and beat him. Afterwards, he is said to have been turned over to
Investigation Bureau 50 at Arcos de Eden 23, where he was taken into a room in
which there were eight more officials of the Federal District Government
Procurator's Office (PGJDF) and where plastic bags were placed over his head. He
was reportedly beaten all over his body and kicked and punched in the thighs,
back, chest and ribs. The torture is alleged to have continued until a
confession was obtained. After several hours, four other persons told him that
he would have to make a statement and would have tell the doctor who examined
him that he had had a fall at work, in order to account for his injuries. This
version of the facts was apparently that which David Villavicencio gave to the
public prosecutor and which he later denied, saying that the initial version had
been prompted by his fear of the threats made against him. In his second
statement he is said to have provided information about the officers who
arrested and tortured him. The medical certificates apparently confirm the
credibility of the second statement. On 3 August 1998, Luis David Villavicencio
Mares reportedly complained to the Federal District Human Rights Commission. The
Human Rights Commission's investigation ended in the adoption of
Recommendation 3/99 of 1 March 1999 which calls, inter alia , for the initiation
of disciplinary proceedings to establish the possible official and criminal
liability of the public servants involved. On 22 March 1999, the Legal and Human
Rights Sub-Office of the PGJDF accepted Recorimendation 3/99, though subject to
certain considerations.
749. By letter dated 15 December 1999, the Government provided information on
the case of Luis David Villavicencio Mares. A recorimendation by the Human Rights
Corimission concerning his alleged unlawful arrest and torture, naming officials
of the PGJDF, was reportedly sent to the PGJDF on 1 March 1998. This
recommendation had been partially implemented and an administrative procedure
had been initiated with a view to investigating the prosecution service
officials José Cuitláhuac Salinas Martinez, Gabriel Zermeno Rosas, Aureliano
Delagado Navas and Jorge Jiménez Vega.
UrQent a inieals and replies received
750. On 4 May 1999, the Special Rapporteur forwarded an urgent appeal on
behalf of Abel Vega Cortés, Felipe Lucio Mendoza Angel, Juan Manuel Tovar
Fuentes, Alejandro Santés Córdova, Angel Remigio Figueroa Bustos, Sergio Sahagón
Morales, Lorenzo Ramirez Hernández, Gustavo Ramblas Ramirez, Josué Leon Ramos,
Juan Gallegos Quintanilla, Efrén Marmolejo Lopez, Eli Ochoa Gómez, Antonio
Cárdenas Chacón, Eleazar Faustino Jesus, Angel Yopihua Villagrán, Salvador
Osorno Benitez, José Luis Lozada Loaliza, Melitón Sanchez Salazar, Ciro Robledo
Hernández, Ricardo Fuentes Garcia, Abel Guillermo Hernández Rosales, Victor
Manuel Valdés Cruz and Hildegardo Bacilio Gómez, soldiers forming part of the
so—called “Comando Patriótico de Concienciación del Pueblo” whose aim is said to
be to make the public aware of how soldiers of all ranks are being treated. The
above—mentioned individuals were reportedly arrested on 20 March 1999 and sent
to the installations of the First Military District in Mexico City. Their arrest
was apparently connected with a demonstration staged by a group of approximately
E/CN. 4/2000/9
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50 soldiers of the Mexican Army, including the persons arrested, on 18 March in
Mexico City in protest against alleged violations of their human rights, their
pay and the military code under which they are tried. It is understood that, on
22 March 1999, the persons arrested were transferred to the Military Prison of
the 15th Military District and to the Fifth Military Region with headquarters at
Guadalajara, Jalisco, as well as to the Third Military Region with headquarters
at Mazatlán, Sinaloa.
751. On 19 May 1999, the Special Rapporteur and the Special Rapporteur on
extrajudicial, summary and arbitrary executions, forwarded a joint urgent appeal
concerning the following situation: on 20 April 1999, the peasant Evaristo
Albino Téllez, aged 27, and Antonio Mendoza Olivero, a child aged 12, reportedly
left Barrio Nuevo San José, part of the autonomous municipality of Rancho Nuevo
Democracia, Guerrero State, to get in their harvest. When they failed to return,
on the following day the sister—in—law of Evaristo Albino Téllez, Francisca
Santos Pablo, aged 33, and the boy's grandmother, Victoriana Vázquez Sanchez,
aged 50, went out to look for them. When the women reached the plot of land,
they encountered many soldiers, who had made an incursion into the Mixtec
indigenous area of the municipality of Tlacoachistlahuaca on 19 April 1999. When
they saw the soldiers, the women tried to flee but were allegedly caught and
raped by the soldiers. The two women managed to get back and tell community
leaders what had happened. According to the information received, the soldiers
patrolled the plot of land for several days, so that no one from the community
dared go near the place for fear of new attacks. On 28 April 1999, after the
soldiers had left the area, traces of blood, the child's sandals, cartridge
cases, blood—stained rubber gloves and a mask were found there. While the
soldiers were at the site, they also allegedly beat and stripped Rufino Ramirez
Santos and beat a 10—year—old girl who was with him. These facts were reported
to the National Human Rights Commission and the State Human Rights Commission.
They were also reported to the Public Prosecutor's Office in Ometepec and to the
judge of the court of first instance in the same place, who for two days
allegedly refused to grant the equivalent of a habeas corpus application as long
as Antonio Mendoza and Evaristo Albino did not appear before the authorities. On
7 May 1999, the State Human Rights Commission is said to have informed the
relatives of Antonio Mendoza and Evaristo Albino that they had been killed by
soldiers who claimed that Evaristo and Antonio had fired shots at them.
According to the information received, the Public Prosecutor's Office of
Ometepec, where the dead bodies had been taken, knew of the deaths of Evaristo
and Antonio well before the family was informed. When relatives consulted the
coroner's office (SEMFO) in Acapulco, Guerrero, they learned that Antonio
Mendoza had bled to death from a single gunshot wound in the leg.
752. The Government replied to this urgent appeal by letter dated 17 August
1999. With respect to Evaristo Albino Téllez, Antonio Mendoza Olivero, Francisca
Santos Pablo and Victoriana Vázquez Sanchez, the Government stated that the
ongoing inquiries showed that the actions of the military personnel had always
been strictly correct and in compliance with the Constitution and the applicable
law; the allegation that military personnel were in the neighbourhood of the
community Barrio Nuevo San José on 20 April 1999 was false since they were in
the Romano base of operations north of the village of San Miguel Tejalpan, in
the municipality of Tlacoachistlahuaca, Guerrero; it was untrue that for no
reason whatsoever military personnel had molested and caused the death of
Evaristo Albino Téllez and the child Antonio Olivero and that Francisca Santos
Pablo and Victoriana Vázquez Sanchez had been raped by soldiers. The Government
E/CN. 4/2000/9
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indicated that as soon as more details were available as a result of the CNDH
inquiry, they would be made known.
753. On 29 July 1999, the Special Rapporteur forwarded an urgent appeal on
behalf of the ecologists Rodolfo Montiel Flores and Teodoro Cabrera Garcia.
According to the information received, they were arrested by soldiers on 2 May
1999 in Pizotta, Guerrero State, and were being held in Iguala prison, Guerrero
State. According to the source, both were beaten by the soldiers and Montiel
Flores was apparently in very poor condition after having been tortured with
electric shocks to the genitals during his imprisonment. According to the
information received, Montiel Flores had inflamed testicles and is in urgent
need of medical treatment, treatment which the prison medical service is
probably unable to provide. Both detainees had been made to confess that they
were members of an armed opposition group and drug traffickers. They were
reportedly forced to have their picture taken carrying arms and dressed as
soldiers.
754. On 10 August 1999, the Special Rapporteur and the chairman/rapporteur of
the Working Group on Arbitrary Detention forwarded a joint urgent appeal on
behalf of Natividad and Victoriano Parra Florez who, with two more of their
brothers, Jesus, aged 18, and Manuel, 16, were arrested on 28 July 1999 at their
home in Mexcaltepec, municipality of Atoyac de Alvarez, by officers of the
judicial police (a fifth brother Andrés was arrested some time afterwards) . They
were first taken to the judicial police academy in Atoyac de Alvarez and then to
Tecpan prison in the municipality of Galanea, Guerrero State, where at the time
they were still being held. Natividad and Victoriano Parra Florez were tortured
while being conveyed to the judicial police academy. As a result, Natividad had
blood in his urine and Victoriano had bruises all over his face and body.
755. On 16 Nover er 1999, the Special Rapporteur forwarded an urgent appeal on
behalf of Gloria Arenas Ajis, Felicitas Padilla Nava, Fernando Gatica Chino and
Jacobo Silva Nogales who were reportedly arrested on 22 October 1999 on
suspicion of having been members of the armed opposition group Ejército
Revolucionario del Pueblo Insurgente. Since then they have allegedly been kept
incommunicado in Cefereso de Almoloya, the high—security prison in Almoloya,
Mexico State. Moreover, it is alleged that on 25 October the First District
Court of Toluca, Mexico State, officially reported that Jacobo Silva Nogales had
injuries to various parts of his body and that the four detainees claimed to
have been physically and psychologically tortured. Felicitas Padilla Nava's
interrogators are said to have threatened that her children would be killed
unless she gave them information.
756. On 7 December 1999, the Special Rapporteur forwarded an urgent appeal on
behalf of Benito Garcia and Celerino Garcia. Both were reportedly beaten while
in custody and were at risk of being beaten again, in particular because their
lawyers had not been allowed to see them. Benito Garcia had bruising after being
severely beaten by the State judicial police (PJE) over a period of three days.
Celerino Garcia's condition was not known. Both were said to be in the custody
of the office of the public prosecutor of Valle de San Quintin, Baja California
State, after having been arrested on 29 Nover er 1999.
Follow—un to previously transmitted corimunications
757. By letter of 26 February 1998, the Government provided information
concerning cases transmitted by the Special Rapporteur by urgent appeal dated
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24 October 1997 relating to the following persons: Nicolás Santiago José, Sixto
Santiago Antonio, Pedro Antonio José and Rafael José Miguel who were reported to
have been detained by masked individuals in San Juan umi, State of Oaxaca, on
16 and 17 October 1997 (see E/CN.4/1998/38/Add.1, para. 246). According to the
Government, these persons were detained under a formal arrest warrant on the
authority of the public prosecutor in the course of criminal proceedings against
them, as they were suspected of involvement in the offences of unlawful
imprisonment, homicide and clandestine burial. At no time had masked individuals
participated in their detention nor had the detainees been subjected to
violence.
758. On 5 November 1998, the Special Rapporteur transmitted to the Government
information according to which several joint operations had been carried out by
the army and the State judicial police in the area of San Agustin Loxicha,
Oaxaca, between April and August 1997. As a result of those operations, several
persons, who were thought to have disappeared, had been located in various
detention centres, saying they had been subjected to torture and other forms of
cruel and inhuman punishment (see E/CN.4/1999/61, paras. 461 and 462).
759. By letter of 26 November 1998, the Government provided information on the
following cases: Juanuario Crispin Almaraz Silva and Eloy Hugo Almaraz Silva,
who were allegedly arrested and tortured on 4 August 1997. Concerning Juanuario
Crispin Almaraz Silva, the Government reported that after his arrest he had been
taken to the social rehabilitation centre in Almoloya de Juárez, State of
Mexico, and held in custody at the disposal of the First District Criminal
Court. He had been physically examined by doctors of the Attorney-General's
Office and found to have a linear abrasion on his right leg. He had complained
to the Human Rights Commission of Oaxaca State. The First District Court in the
State of Mexico had ordered that he be released for lack of evidence. According
to the information provided by the Government, an interview given by the person
concerned to the Oaxaca newspaper El Im arcial , including photographs, shows
that the case is one of alleged non—compliance with a court order and that he
had not suffered ill-treatment at any time while in custody. With respect to
Eloy Hugo Almaraz Silva, the Government indicated that in this case no complaint
had been lodged.
760. Ponciano Garcia Pedro, Celso Garcia Luna and Alfredo Garcia Luna were
reportedly arrested and tortured on 7 August 1997. The Government provided
information on the reasons for their being arrested and held in custody. Mer ers
of the preventive police and the State judicial police had participated in the
arrest.
761. Mario Cruz Lopez was reportedly arrested on 20 August 1997 and tortured
until his release a few days later. The Government advised that, according to
the information supplied by the National Human Rights Corimission, the complaint
was based on his supposed disappearance and did not allege torture. No such
allegations were subsequently made either by the initial complainant or by the
person concerned, but an investigation was opened. As the person concerned
failed to appear for an initial interview, arrangements had been made for a
second visit to gather additional information. Moreover, the Government
Procurator's Office of the State of Oaxaca had received a complaint concerning
the alleged ill—treatment received by Mario Cruz Lopez and had opened an
inquiry.
E/CN. 4/2000/9
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762. By the same letter, the Special Rapporteur informed the Government of
other corimunications received concerning cases of torture in Mexico. In the
above—mentioned letter of 26 November 1998, the Government also provided
information on the following cases.
763. On 7 August 1997, in Loxichas, Oaxaca, Silviano Garcia Hernández and
Herminio Garcia Hernández were reportedly arrested and tortured by members of
the judicial police working with paramilitaries (see E/CN.4/1999/61, para. 464).
According to the Government, no complaint concerning their alleged disappearance
has been received.
764. Daniel Cohn Enciso, Juan Carlos Romero Peralta, oscar Ivan Mareno, Roman
Morales Acevedo, Carlos Alberto Lopez Inés and Angel Leal Olinares were
reportedly arrested and tortured by police officials in the Buenos Aires
district of Mexico City on 8 September 1997. Shortly afterwards their dead
bodies were found (see E/CN.4/1999/61, para. 466) . According to information
provided by the Government, the Federal District Human Rights Commission (CDHDF)
investigated the case and, on 18 November 1997, issued a recommendation
addressed to the Federal District Government Procurator's Office. This
recommendation urged the Government Procurator to begin an investigation as soon
as possible in order to establish the facts and the material and non—material
liability of those involved. In particular, with respect to the last three
persons listed, the Government reported that complaints had been lodged with the
General Coordinating Office for the Special Prograrime on the Presumed
Disappeared of the National Human Rights Commission. On 5 June 1998, the Ninth
Division of the High Court of Justice of the Federal District issued a detention
order against three persons suspected of being responsible for the homicides
described. This Division confirmed the detention order in the case of one of
those suspected of the murder of Juan Carlos Romero Peralta, Daniel Cohn Enciso
and Ivan Mora Lecea and ordered his release, for lack of evidence, in connection
with the other three murders. For the same reason, it ordered the release of the
other two persons involved. The possibility of separate prosecution for other
offences such as false statements and concealment was left open. After the case
had been examined by the CDHDF, on 18 November 1997 a resolution was issued
insisting on a review of the contradictions revealed during the proceedings and
the assessment of witnesses and the consideration of other possible offences
involving the two individuals released.
765. Jorge Nava Avilés was reportedly arrested on 27 January 1997 in Jiutepec,
Morelos, by agents of the preventive police of the State of Morelos and
subsequently handed over to the State judicial police. His body was found on
29 January 1997 (see E/CN.4/1999/61, para. 469) . The Government reported the
opening of an investigation under the authority of the Attorney-General of the
Republic. Following the preliminary investigation, criminal proceedings were
instituted against an ex-coordinator and head of the anti-abduction group of the
judicial police of the State of Morelos and three commanders and one agent
belonging to the same unit. Except in the case of one of the commanders,
criminal proceedings were also instituted for the offences of torture and
homicide. Because of the seriousness of these offences no bail was allowed. On
the basis of the same facts, the federal judge issued nine other arrest warrants
against public servants of the State of Morelos.
766. Fredy Nava Rios, aged 16, was reportedly arrested and tortured by
soldiers in the military barracks of Atoyac, State of Guerrero, on 25 May 1997
and then disappeared (see E/CN.4/1999/61, para. 477) . The Government reported
E/CN. 4/2000/9
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that the National Human Rights Commission, assisted by photographs provided by
the family, had addressed inquiries concerning his whereabouts to various
institutions on 21 August, 29 Septer er and 31 October 1997. In some cases the
results had been negative and in others replies were still awaited. On
20 October 1997, the National Human Rights Commission had issued a resolution
addressed to the Military Government Procurator. The Commission pointed out that
although there was still no conclusive proof of the responsibility of members of
the Mexican Army, there was sufficient evidence of a genuine case of
disappearance. The Government Procurator's Office of the State of Guerrero had
sought information about the case on 4 February 1998 from the commanders of the
judicial police in Chipancigo, Acapulco, Cd. Renacimiento, Yihuatanejo, Taxco de
Alarcón, Huamuxtitlan and Tecpan de Galeana, State of Guerrero, after reporting
on the same day that it was unfamiliar with the facts. The Procurator's Office
was informed that there was nothing in the records to indicate that there had
been any criminal proceedings against the person concerned, from which it
concluded that Fredy Nava Rios had not been arrested by members of the judicial
police.
767. Aureo Mendoza Rosales was reportedly abducted on 3 September 1997 by
mer ers of the Anti-Abduction Group who, before killing him, allegedly tortured
him in the Los Nardos district of the municipality of Yautepec, Morelos (see
E/CN.4/1999/61, para. 470) . The Government advised that the National Human
Rights Commission was aware that Mr Mendoza's dead body had been found in the
State of Morelos and would gather information and submit its conclusions to the
General Coordinating Office for its Special Prograrime on the Presumed
Disappeared.
768. Estanislao Gutiérrez Gonzalez and Custodio Gómez Salvador were reportedly
tortured by mer ers of the 40th Infantry Battalion in the community of Monte
Grande, municipality of Geyuen de Catalán Gro, State of Guerrero. The Government
reported the opening of a dossier by the National Human Rights Corimission. This
dossier was in the process of being prepared with the First General
Inspectorate, which had requested information from the authorities presumedly
responsible.
769. The Government also provided information on the case of Salvador Mejia
Calderón. According to the Government, an examination of the complaint lodged on
24 July 1998 found that it did not allege the responsibility of public
authorities and the dossier had therefore been closed.
770. By letter dated 3 Nover er 1998, the Government provided information
concerning Rodrigo Cuauhtémoc Delgado Cordero, whose case was included in the
Rapporteur's report on his visit to Mexico (see E/CN.4/1998/38/Add.2, Annex). He
is alleged to have been arrested and tortured on 31 March 1996 in Tula, State of
Hidalgo, by mer ers of the State judicial police. The Government reported that
he was arrested on suspicion of robbery with violence by mer ers of the
municipal public security service of Atilalaquia Higaldo and turned over to the
public prosecutor of the Judicial District of Tula de Allente Hidalgo. He was
convicted of the offence and the sentence was confirmed both on appeal and in
am aro proceedings. It follows that the judicial police of Hidalgo State were
not involved in the arrest and it was the victim of the robbery with violence
who directly identified Rodrigo Cuauhtémoc to the public prosecutor as the
person responsible for the offences of which he was accused. The Government
confirmed this information by letter dated 15 March 1999.
E/CN. 4/2000/9
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771. By letter dated 27 October 1999, the Government replied to the cases
transmitted by the Special Rapporteur in his letter dated 5 November 1998.
772. With respect to Herminio Sixto Sanchez (E/CN.4/1999/61, para. 479), the
Government reported that after he had been detained in Ixotel Penitentiary, the
Second Court of Oaxaca sentenced him to one year's imprisonment for public
health offences connected with the harvesting of poppy plant resin, this penalty
being replaced by the payment of a fine of 3,000 Mexican pesos. With respect to
Cenobio Sixto Santos (ibid.), the Government reported that his bullet wound was
the result of his being intercepted by the police and trying to fire on them and
make his escape. After being admitted to hospital, he was turned over to the
Board for the Protection of Minors which on 11 June 1998 found evidence of the
offences of carrying an unlicensed weapon and possession of opium resin. On
25 June 1998, the Board released him unconditionally into the custody and
responsibility of his father, Herminio Sixto Sanchez.
773. With respect to the case of Felipe Sanchez Rojas (E/CN.4/1999/61,
para. 475), the Government indicated that on 22 April 1997 the Oaxaca State
Human Rights Commission had ordered that the dossier be closed for lack of
interest on the part of the complainant.
774. By letter of 15 December 1999, the Government forwarded information on
the following cases.
775. In the case of Odilón P brosio Antonio (see E/CN.4/1999/61, para. 462),
the Government reported that the CNDH had opened a dossier on the basis of
complaints lodged by various NGOs drawing attention to violations of the human
rights of inhabitants of the Loxicas area in Oaxaca. According to this
information, the case was investigated by CNDH inspectors from 2 to 11 Nover er
1997. Through an Oaxaca municipal official they held an interview with Catalina
Antonia Rodriguez who on 17 July 1997, according to the information received,
said that her son Odilón ArcJDrosio Antonio, aged 16, had been detained by
officers of the State judicial police for more than 15 days, although he was
currently free. The Government reported that in the case of Odilón ArcJirosio
Antonio the Oaxaca State Human Rights Commission had put together a file
containing reports received by the Director of the State judicial police in
which, according to the information received, it was indicated that its officers
did not participate in the incident in question.
776. With respect to the case of Santiago Antonio Cisneros and Marcos Antonio
Juárez (ibid.) , the CNDH opened a dossier as a result of a complaint lodged by
the Human Rights Centre Fray Francisco de Victoria for alleged violations of the
human rights of inhabitants of the Loxicas area in Oaxaca and, in this case, for
the alleged arbitrary arrest and torture of the persons mentioned. The
Government reported that members of the State judicial police had apparently
been singled out as suspects. According to the information received, this affair
had been recorded in dossier CNDH/122/OAK/4247, dated 15 May 1998; the competent
authorities are said to have stated that these persons were not arrested,
threatened or tortured by members of the State judicial police.
777. The Government forwarded information concerning the case of Maximinio
Sebastian Juárez (ibid.), according to which the CNDH reports that on 12 August
1997 agents of the State judicial police arrested him on a warrant issued
against him by the Combined Jurisdiction Court of First Instance of the Judicial
District of San Pedro Pochutla, Oaxaca, as probably responsible for the offence
E/CN. 4/2000/9
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of “incitement to rebellion and conspiracy”, without, according to the
information received, beating or torturing him, after which he was taken into
custody.
778. In the same letter, the Government provided information regarding the
case of Angel and Natanael Hernández Villa, according to which on 2 February
1998 the CNDH opened a dossier based on a complaint concerning irregularities
attributed to the judicial police of the State of Morelos and the anti—abduction
group, who were said to be using secret torture chambers, abductions and summary
executions against, among others, the persons mentioned. According to the
information received, this dossier was closed on 11 March 1998, as a result of
the compilation of the dossiers that gave rise to recommendation 23/98, which is
reported to have been partially implemented.
779. With regard to the cases of Pedro Anaya, Luis Hernández, Silvano Lopez,
Hector Cruz, Juan Ulises Garcia, Raymundo Armas, Guadalupe Segura, Mario Perez,
Homero LOpez and Adán Chagoyan (ibid., para. 472), the Government reported that
on account of the arrests made on 14 April 1998 in the Alameda Central of Mexico
City the Federal District Human Rights Commission (CDHDF) made a request to the
Department of Public Security for the persons in question be released or turned
over to the public prosecutor. According to the information received, it was
requested that officials of the Department of Public Security of the Federal
District refrain from assaulting, threatening, arresting and otherwise ill—
treating street children in the above—mentioned area. It was further requested
that in the event of their being arrested their human rights be fully respected.
On 23 April 1998, the CDHF is said to have been informed that instructions had
been issued not to molest or assault street children; moreover, official
liability proceedings had been instituted against the police officers alleged to
have assaulted minors. This dossier was said to be in the process of being
compiled by the CDHDF.
780. With respect to José Luis Blanco Flores (ibid., para. 473), the
Government reported that the CNDH had opened a dossier as a result of complaints
received on 10 April 1998 indicating that on 29 March 1998 members of the
federal judicial police and the judicial police of the State of Guerrero had
arrested José Luis Blanco Flores, tortured him and sent him to prison. According
to the information received, the Commission for the Defence of Human Rights of
the State of Guerrero had opened a dossier and located the victim. In view of
his precarious state of health, the Commission is said to have asked the judge
in the case to have him transferred to a hospital to receive medical attention.
It is reported that a detention order was issued against Blanco Flores on 3
April 1998 for the aggravated abduction of Pablo Gerardo Morales Roman while,
according to the information received, a release order was issued for lack of
evidence of the offence of criminal association against the public interest.
781. With respect to Felipe de Jesus BarrOn Chavez (ibid., para. 480), the
CDHDF is reported to have received, on 10 April 1998, complaints from the
aforementioned who claimed to have been beaten by agents of the public security
service and arrested without good cause. An administrative proceeding had been
initiated with a view to ascertaining the facts.
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Observations
782. The Special Rapporteur is grateful for the responses on numerous
individual cases referred to in his report on his visit (see
E/CN.4/1998/38/Add.2, and Addendum 1 to the present report) . He notes that they
are mainly confined to cases that have been investigated by the National or the
State Corimission of Human Rights, with several others indicating merely that
there is no information with either such Commission. As noted in paragraphs 62
and 63 of Addendum 1 to the present report, a case—by—case approach is
inadequate to solve the problem. In the report on his visit, the Special
Rapporteur made a nur er of legal and institutional recorimendations, the
implementation of which would be necessary to make a serious impact on the
problem of torture and similar ill—treatment in Mexico. He regrets the absence
of any information from the Government concerning follow—up to his
recommendations and notes information from non—governmental sources, according
to which there has been no such follow—up. He commends these recorimendations to
the urgent attention of the Government of Mexico in the hope that serious action
in the coming year will indicate the existence of the necessary political will
substantially to improve the situation.
Mo r 0 c c 0
ReQular communications and replies received
783. By letter dated 3 September 1999, the Special Rapporteur informed the
Government that he had received information concerning the following case.
784. Mahmoud Boumahdi, a former member of the Polisario Front, was allegedly
arrested on 26 April 1999 and taken to the headquarters of the so—called
T-Brigade of the Royal Gendarmerie in Khabar where he was tortured by the
adjutant—corimander. He is reported to have been partially paralysed down the
left side and suffered a serious nasal haemorrhage and a pierced left ear drum.
Medical reports, copies of which are in the hands of the Special Rapporteur,
appear to bear out what he says. They confirm the existence of a post—traumatic
left hemiplegia. Apparently, the next day he was taken by gendarmes to Hassan II
Hospital in Dakhla, then transferred five days later to the neuropsychology
service of Ibn Sina Hospital in Rabat. He is reported to have lodged complaints
with the local authorities in Dakhla and with the General of the Royal
Gendarmerie.
785. By letter dated 8 November 1999, the Special Rapporteur drew the
Government's attention to a number of cases which he had transmitted in 1996
without yet having received a reply.
UrQent a inieals and replies received
786. On 12 July 1999, the Special Rapporteur sent an urgent appeal on behalf
of Lili Bachir Lebaouihi, Souda Mohamed Cheikh, Ment Abdati Ould Babit, Ment
Fadli Ould Babit and his sister, Ould Mustapha Ould Rami and Ment Boutabaa. They
are said to have been part of a group of twenty or so students from the schools
of Bir Anzaran and El Khansa, all minors, and were reportedly arrested on 7 June
1999 at El Aaiun, in Western Sahara, for being tattooed with symbols of support
for the Polisario Front independence movement. They were allegedly ill—treated
at the time of their arrest and then taken to a secret place.
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787. On 5 October 1999, the Special Rapporteur sent an urgent appeal on behalf
of demonstrators, mainly students of Sahaouri origin, reported to have been
arrested at Laayoune, in Western Sahara. On 22 September 1999, the police are
said to have violently dispersed a sit-in organized by the Sahaouri students who
were asking for financial assistance from the Government to enable them to
study. Dozens of students were allegedly struck and several of them, including
three women, had to be hospitalized with broken ribs and head wounds. Dozens of
others are said to have been arrested. On 27 Septer er 1999, a hundred or so
demonstrators protesting against the way in which the students had been
dispersed on 22 September and demanding that those responsible be brought to
account were reportedly arrested in their turn. Following further
demonstrations, many people were apparently released.
788. By a letter dated 13 Decer er 1999, the Government replied to this urgent
appeal, indicating that the judicial police of Laayoune had drawn up a number of
reports on offenders who had taken advantage of the organization of a sit—in by
the students on the public highway to foment disturbances, which had caused
material damage. These individuals, caught in the act, had been brought before
the Court of Appeal in Laayoune for theft and the destruction of property and
documents. According to the Government, on 8 October 1999, the criminal division
found them guilty and handed down sentences varying from 10 to 15 years
imprisonment. This judgment had been appealed before the Supreme Court. Other
individuals found guilty of theft, insulting a police officer and the use of
violence were given suspended sentences ranging from one month to one year. In
addition, the juvenile magistrate had placed three minors in child protection
centres at Agadir and Benslimane.
Observations
789. The Special Rapporteur draws attention to and shares the concerns raised
by the Human Rights Committee in its conclusions and recommendations on the
review of the country's periodic report under the International Covenant on
Civil and Political Rights, in respect of “the number of allegations of torture
and ill—treatment of detainees by police officials [ which] have been dealt with,
if at all, only by disciplinary action and not by the imposition of criminal
sanctions on those responsible for such violations” (CCPR/C/79/Add.113,
para. 16) . The Corimittee against Torture has expressed similar concern (A/54/44,
para. 195)
My a nm a r
UrQent a inieals and replies received
790. On 28 July 1999, the Special Rapporteur sent a joint urgent appeal with
the Special Rapporteur on the promotion and protection of the right to freedom
of opinion and expression on behalf of Thaint Wunna Khin, aged 3, Ma Khin Khin
Leh, U Aye Swe, Daw Tin Tin, Kyaw Kyaw Oo, U Zaw Myin, Daw Tint Tint, Ko Zaw Zaw
Latt, U Ba Chit, U Ye Tint, U Win Myint, Dr. Shwe Bo, Ma Thida Htway, Ko Lwin
Moe Myint, Ko Myint Oo, Ko Ah Thay Lay, Ko Hla Win, and two unnamed female
physicians, who had reportedly been arrested between 19 and 23 July 1999 in
Pegu, central Myanmar. Most were allegedly arrested because of their involvement
in a march which was planned on 19 July 1999, the 52nd anniversary of the
assassination of General Aung San. Military Intelligence (MI) reportedly looked
for Kyaw Wunna, one of the activists organizing the march, and when they did not
find him, arrested his 3-year-old daughter, Thaint Wunna Khin, and his wife, Ma
E/CN. 4/2000/9
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Khin Khin Leh, on 19 July 1999. Six more members of Kyaw Wunna's family were
allegedly arrested on 23 July 1999. The remaining 11 people, who were reportedly
distributing pamphlets, were arrested between 19 and 24 July 1999.
791. By letter dated 11 August 1999, the Government replied that the
allegations were untrue, and questioned the sources of information. It further
replied that some of the individuals had been called in for questioning by the
authorities in Bago on 17 July 1999 in connection with the discovery of
pamphlets, printed by the outlawed All Burma Students Democratic Front (ABSDF)
armed terrorist group, calling for civil unrest at the residence of Kyaw Wunna
and in other places, as well as for their involvement with ABSDF. The Government
stated that it is against the law to be involved with armed terrorist groups.
Follow—un to previously transmitted corimunications
792. By letter dated 22 December 1998, the Government responded to a number of
cases sent by the Special Rapporteur on 29 September 1998 (see E/CN.4/1999/61,
para. 490 and following)
793. Concerning James Leander Nichols (ibid., para. 491), the Government
indicated that he had been well looked after and had been given full and proper
medical treatment while in detention at the Insein Jail and that he died of
natural cause at the Yangon General Hospital on 22 June 1996. The Government
recalled that he had a long history of serious health problems, including high
blood pressure, an ear ailment, glaucoma in the right eye and diabetes. On
22 June 1996, he suddenly collapsed and lost consciousness and was transferred
to the hospital. An autopsy established that the cause of his death was cardiac
disease.
794. Concerning Zai Nyunt (ibid., para. 494), as well as Zarae Wan Na, Mu
Ling, Pu Zan Da, Ar Law Ka, Ai Long and Zai Saw (ibid., para. 498) and Loong
Awng La, Pa Leng and Nang Nu Ham (ibid., para. 500), the Government indicated
that the allegations were unfounded.
795. On 2 February 1999, the Government sent an information note concerning
U Ohn Myint. The Government indicated that out of consideration for his age and
respect for his family, he had been granted a pardon and released from prison on
20 January 1999. The Government indicated that he was a member of the National
League for Democracy and had been sentenced on 28 April 1998 to seven years'
imprisonment after he was found guilty of working with underground organizations
and attempting to create misunderstandings between the Government and ethnic
groups.
796. On 11 February 1999, the Government sent an information sheet concerning
Dr. Thida Ma Thida (f) who had been pardoned and released from prison on
11 February 1999. The Government informed the Special Rapporteur that she had
been sentenced on 15 October 1993 to a total of 20 years' imprisonment after
having been found guilty of illegal distribution of materials published by armed
terrorist groups and unlawful organizations.
E/CN. 4/2000/9
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Namibia
UrQent a inieals and replies received
797. On 13 August 1999, the Special Rapporteur sent an urgent appeal on behalf
of Joseph Muchali, Gabriel Mwilima, Godfrey Mwilima, Alen Sameja, Albert Sibea,
Martin Sichimwa Mutar a, Bolen Mwilima, Stephen Ntelamo, Cassius Mwala Mutame,
Nicky Simasiku Mutame and an estimated 500 Caprivians who had allegedly been
arrested following a declaration of a state of emergency in the Caprivi strip in
the aftermath of an armed attack in the main town of Katima Mulilo by a group
linked to the secessionist movement led by exiled Mishake Muyongo. Gabriel
Mwilima and Joseph Muchali, human rights monitors for Namibia's National Society
for Human Rights, were reportedly arrested on 4 August 1999 by mer ers of the
Namibian security forces. Mwilima was allegedly assaulted at the time of his
arrest with the butts of guns by a group of Namibian Defence Force (NDF)
mer ers. Godrey Mwilima, a former opposition parliamentarian, was reportedly
arrested on 4 August and assaulted with the butts of guns by NDF members. He was
reported to have suffered a broken jaw. Alen Sameja, who was attached to the
Caprivi Regional Governor's office, was allegedly arrested in Katima Mulilo on
2 August 1999 and was subsequently admitted to the State Hospital with serious
injuries, including a broken back. Albert Sibea and Martin Sichimwa Mutamba,
both teachers in Katima Mulilo, were allegedly arrested on 7 August 1999 at
Ongwediva. Bolen Mwilima, a teacher in Katima Mulilo, was arrested on 2 August,
along with four young men. Stephen Ntelamo, a teacher at Masida School, was
allegedly arrested on 4 August 1999. Cassius Mwala Mutame and his younger
brother, Nicky Simasiku Mutame, both students, were reportedly arrested at the
Caprivi Senior Secondary School on 6 August 1999. The whereabouts of all the
above—named persons was unknown. At least 500 Caprivians have reportedly been
arrested following the declaration of a state of emergency. The majority of the
detainees are reported to be human rights activists, teachers, civil servants,
schoolchildren and opposition politicians. The current whereabouts of these
detainees was also unknown.
Nepal
ReQular communications and replies received
798. By letter dated 29 November 1999, the Special Rapporteur advised the
Government that he had received information according to which since the
“intensified security mobilization” operation in several districts in the Mid
Western, Western and Central regions launched in May 1998, political detainees,
in particular (armed) members of the Communist Party of Nepal (CPN) (Maoist)
have been subjected to torture, which is said to be widely used in police
custody during periods of incommunicado detention to intimidate or punish
political detainees and to extract confessions. Torture methods allegedly
include severe beatings with bamboo stick ( falanQa) , rolling weighted bar oo
sticks along a prisoner's thighs ( belana ) and simultaneous boxing on the ears
( tele hono ) . Women have allegedly been subjected to rape.
799. Torture victims or their relatives can make claims for compensation under
the Torture Compensation Act, enacted by Parliament in October 1996. Twelve
people reportedly made claims during 1998. Six were later said to have withdrawn
their cases, allegedly because of intimidation and fear for their safety. At the
beginning of March 1999, no one had been granted compensation under the Torture
Compensation Act.
E/CN. 4/2000/9
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800. The Special Rapporteur has transmitted information that on 13 July 1998 a
group of 20 armed police raided a house in Lalitpur district, Central region
where 11 armed Maoist members were reportedly staying. One man and two women
were reportedly killed during the police action and the remaining eight people -
five men and three young women aged 19, 16 and 15 — were kept at the house for
two days, tied together with ropes. On two occasions the women were stripped
naked and allegedly brought out of the house and beaten by police with rifle
butts on their backs and on the soles of their feet. The police officers are
said to have threatened to shoot them if they did not have sexual intercourse
with them. One of the women was allegedly repeatedly raped. On 17 July, the
three women were transferred to Lalitpur district police office at Jawalakhel.
On 15 August 1998, they were reportedly transferred to jail in Kathmandu, where
they were awaiting trial on charges of subversion and illegal possession of
weapons.
801. The Special Rapporteur also transmitted the following individual cases.
802. Suk Bahadur Lama, Han Bahadur Lama and Dinesh Thapa were reportedly
arrested by Dumkibaas Ilaka area police on 3 August 1999 on suspicion of having
stolen money, and were severely beaten. They were then reportedly taken to the
Kawasoti Ilaka police station on 4 August 1999, where Suk Bahadur Lama was
allegedly beaten with a bar oo stick, and denied food during the six following
days. He was reportedly transferred to Kali Gandaki hospital on 9 August 1999.
He reportedly had wounds on the soles of his feet which seemed to have resulted
from burns and beatings. After four days, his condition deteriorated to the
point that he was reportedly admitted to Bir Hospital, where he received medical
treatment for pains in the abdomen, bleeding and bruises to his legs and feet,
and later internal bleeding. He reportedly died on 15 August. According to the
report of a cost mortem examination performed on 16 August, he reportedly had
multiple burn injuries on both feet, cauterized abrasions on the upper back of
the trunk and subcutaneous and intramuscular contusions on his whole back and
the sides of his trunk. Han Bahadur Lama and Dinesh Thapa were also allegedly
severely beaten for seven days, and taken to Kali Gandaki hospital for
treatment. Both men were reportedly still detained and have been charged with
fraud. Following the death of Suk Bahadur Lama, eight police personnel were
suspended. A committee was formed by the Home Ministry to investigate the matter
and a report was compiled, the findings of which are said not to have been made
public. Furthermore, the Home Ministry has reportedly initiated murder
proceedings against the eight police officers alleged to be responsible and to
have made a decision to pay compensation to the family. The officers have
reportedly been released on bail pending the next hearing.
803. The Government replied on 15 December 1999 that Dinesh Thapa, Han
Bahadur Lama and Suk Bahadur Ale (instead of Suk Bahadur Lama) were brought to
the local police office in Dhumkibas on 5 August 1999 in relation to a theft the
day before and interrogated before being taken into custody by the local police
office in Nawalpur. Thereafter, the Government replied that Suk Bahadur Ale
became ill and was sent first to the Kali Gandaki Hospital, Kawasoti, and then
the Bir Hospital in Kathmandu, where, while being treated, he died on 15 August.
In the course of a preliminary investigation, the Government stated that it
became evident that he had been treated in a heavy handed manner in custody and
some officers, including the Police Inspector, were irimediately suspended. A
further investigation was commenced on 16 August 1999 under the coordination of
the Joint Secretary of the Ministry of Home Affairs and the three—mer er panel
submitted a report after conducting a detailed investigation, which led to
E/CN. 4/2000/9
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departmental action against the police officers involved in his mistreatment.
The Government also indicated that a cost mortem examination was conducted which
revealed various injuries as the cause of his death. The Government stated that
the family of the deceased have been given 50,000 rupees on behalf of the
Government and that a case is continuing in the local court in connection with
his death.
804. Om Prakash Dahal was reportedly arrested by the police in Itahari in
December 1998 and is said to have been kept in custody for one month. He was
allegedly beaten and kicked, in particular on the soles of his feet, hung from
the ceiling with ropes tied around to his wrists for three or four hours for two
consecutive days, threatened with being killed, and subjected to verbal sexual
humiliation. He has reportedly been charged with illegal possession of a firearm
which was allegedly found on him at the time of arrest.
805. Damaru Yadav, aged 9, and Ram Dcv Yadav, aged 12, were reportedly beaten
with sticks, in particular on the soles of their feet, on their legs and thighs,
by security personnel of the park of Sirpur where they were bathing and their
cattle were grazing on 24 May 1999. Both are reported to have psychological
problems as a result of the alleged beatings.
806. Dcvi Khadka was reportedly arrested on 25 October 1997 and taken to the
Delakha district police station, where she was allegedly severely beaten with
bar oo sticks and kicked. Over a period of eight nights she was allegedly raped
by the inspector in charge of the police station and other officers. In response
to hearing that a group of human rights activists was going to visit the Delakha
district police station, she was reportedly moved to the Dhulikhel district
police station on 1 November 1997. There, she was allegedly raped again. When,
on 3 November, she refused to sign a paper to say she was prepared to receive
the dead body of her brother, a police constable and his colleagues allegedly
took her to the forest and raped her. On 10 November, when the authorities heard
news that human rights activists were again attempting to visit her, she was
transferred to Charikot jail. She was eventually released by a court order on
10 February 1998. She had allegedly been arrested because of one of her brothers
was suspected of being a member of the Corimunist Party of Nepal (CPN)
807. Santa Dong Lama, Sanumaya Waiba, aged 15, and Dolma Lama, aged 16, were
reportedly among seven persons detained by policemen during a raid in Thulo
Durlung Village Development Committee (VDC) on 13 July 1998. They were all
suspected of being members of the CPN. Three persons were allegedly shot dead at
the time of arrest. The seven detainees were allegedly kept in a house for two
days, tied together with a rope. The three above—mentioned women were allegedly
stripped naked and brought out of the house on two occasions, when they were
allegedly beaten with rifle butts on their backs and the soles of their feet.
They were allegedly raped. On 16 July, all were reportedly transferred to
Godikhel police station. The three women were allegedly beaten with a belt while
they were questioned about the whereabouts of certain people. On 17 July, they
were reportedly transferred to Lalitpur district police office at Jawalakhel and
held there until 15 August, when they were reportedly transferred to Dillibazar
Jail in Kathmandu. They have reportedly been charged with illegal possession of
weapons and subversion.
808. The Special Rapporteur has transmitted information according to which
25 persons were arrested in June 1998 in connection with the killing of Ujjwal
Kuamr Shrestha, a shopkeeper from Pokali VDC. Nine were reportedly released,
E/CN. 4/2000/9
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but 16 were charged in connection with the murder. Eleven of those charged were
released on bail, but the five men named below were reportedly remanded to the
district prison to await trial. All five were allegedly severely tortured during
their incommunicado detention at the Okhaldhunga district police station, which
is said to have lasted for between 30 and 42 days. They were all accused of
being mer ers of the Corimunist Party of Nepal - United Marxist Leninist (CPN-
UML) , which is believed to be one of the reasons they were allegedly tortured.
They were reportedly made to sign blank pieces of paper. Police allegedly forged
documents which they presented to the court in order to show that all had been
arrested pursuant to an arrest warrant and had been taken to court within
24 hours of arrest, as required by the Constitution.
809. Thala Bahadur Poudel, an elected member of the Tar Kerabari VDC village
council representing the CPN—UML, was reportedly arrested on 9 July 1998 and
taken to the Biratnagar police office. Later, he was reportedly transferred to
the Okhaldhunga police station, where he was allegedly severely beaten, in
particular on the soles of his feet. He was allegedly made to stand against a
wall with his legs stretched apart while police officers beat him on his chest
and head. He was allegedly tied to the door handle with only his underwear on,
and made to stand in the same posture for five days and nights.
810. Parbat Raj Bhattarai was reportedly arrested on 26 June 1998 and detained
in three village police stations before he was finally taken to the Okhaldhunga
police station, where he was reportedly held for 40 days. He was allegedly made
to lie on the floor face down while the police beat him on the soles of the
feet, buttocks and hands with hard plastic pipes. He was also allegedly made to
stay in a “chicken” position, i.e., crouching with his arms tied behind his back
with a bamboo stick placed over his thighs on which two policemen applied
pressure at either end. He was allegedly beaten with wet nettles for one day. He
was reportedly tied to the door handle and made to stand in the same posture for
five days and nights. He was reportedly transferred to prison on 11 August 1998
by court order.
811. Ram Bahadur Shrestha was reportedly arrested on 26 June 1998 and taken to
the Okhaldhunga district police office on suspicion of murder. He was allegedly
forced to jump up and down after having been beaten on the soles of his feet
with hard plastic pipes. He was also allegedly subjected to tele hono and to the
“chicken” position, and threatened with being killed.
812. Thir Bahadur Poudel Khatri, a CPN member, was reportedly arrested on
26 June 1998 and taken to the Okhaldhunga police station, where he was allegedly
severely beaten on the soles of his feet with hard plastic pipes. He was
allegedly made to lie face down and was pushed hard on the chest and head as he
was forced to stretch his legs apart. He was also allegedly beaten on the face
and buttocks. He was also allegedly beaten with wet nettles for one day. He was
allegedly made to walk in the “chicken” position and was threatened with death.
He was transferred to prison on 11 August 1998.
813. Dor Bahadur Poudel, an elected member of the Tar Kerabari VDC village
council representing the CPN—UML, was reportedly arrested in June 1998 and taken
to the Okhaldhunga district police office, where he was kept, mostly
blindfolded, for 42 days. He was allegedly subjected to falanQa for two hours
every day and to tele hono . He was also allegedly subjected to che uwa , i.e.,
very tight clamping of the thighs or legs with bamboo sticks or similar objects,
E/CN. 4/2000/9
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allegedly causing severe pain. When he fell unconscious, he was allegedly laid
down and water was poured over his mouth and nose.
814. By the same letter, the Special Rapporteur reminded the Government of a
nur er of cases transmitted in 1997 and 1998 regarding which no reply had been
received.
UrQent a inieals and replies received
815. On 28 January 1999, the Special Rapporteur sent an urgent appeal on
behalf of Banu Sharma, a member of the Dang District Committee of the Forum for
Protection of Human Rights and a mer er of the People's Rights Concern Movement.
He had reportedly been held in incorimunicado detention at the Police Training
Centre in Maharjgunj, Kathmandu since 5 January 1999. A writ of habeas corpus
had reportedly been filed in the Supreme Court on 13 January. A new urgent
appeal was sent on his behalf jointly with the Chairman of the Working Group on
Enforced or Involuntary Disappearances on 4 February 1999. The Government
replied on 17 February 1999 that he had been engaged in Maoist activities as a
mer er of the Dang District “United People's Front” organization, which is said
to be a faction of the CNP (Maoist) , and had gone underground voluntarily. The
Government stated that he was not arrested by the police but had surrendered to
the District Administration Office on 8 February 1999 after resigning from the
above—named organization, with which he had differences. The Government
transmitted the text of a letter written by him to the District Administration
Office the day he surrendered, containing information on his involvement with
that organization.
816. On 3 February 1999, the Special Rapporteur sent an urgent appeal jointly
with the Chairman of the Working Group on Enforced or Involuntary Disappearances
on behalf of Rajendra Dhakal, Chairman of the Gorkha District Bar Association
and member of the Forum for the Protection of Human Rights, who had reportedly
been arrested on 8 January 1999 in Jamdi of Kharenitar VDC and who had last been
seen at the Eel Chautara area police station. On 21 January, a petition had
reportedly been filed in the Supreme Court urging that he be produced in court.
817. On 19 February 1999, the Special Rapporteur sent an urgent appeal on
behalf of Sahadev Jung Shah,the chairman of the Jajarkot district bar
association and president of the People's Rights Concern Movement, Jajarkot, and
Shiva Prasad Sharma, a librarian at the Eheri Gyanodaya campus, Jajarkot. They
had reportedly been arrested on 12 January 1999 and had since then been detained
incommunicado at Jajarkot district jail. They had allegedly been tortured in
police custody during interrogation. They had been arrested on suspicion of
involvement in the CPN (Maoist) “people's war”. Habeas corpus writs had
reportedly been filed by their legal representatives in the Supreme Court. The
Government replied on 11 March 1999 that the two men were detained by the
District Administration Office, Jajarkot, under the Public Security, Act due to
their involvement in activities disturbing the peace and security, and to
prevent them from undertaking similar activities again. The Government replied
that during their detention, they have not been subject to any sort of ill-
treatment by police personnel.
818. On 20 August 1999, the Special Rapporteur sent an urgent appeal on behalf
of Han Prasad Chaulagain, who had been arrested without warrant by police on
27 July 1999 on suspicion of being involved in an assault by members of the CPN
on a group of policemen in the Kavre district, in Kathmandu. He was reportedly
E/CN. 4/2000/9
page 164
initially taken to the Dolakha district police office and then to the Mahendra
Police Club in Kathmandu, where he was beaten. On 28 July he was reportedly
transferred to the Police Academy in Maharajgunj, where he was tortured and kept
in a bunker for several hours. He was then reportedly taken back to the Mahendra
Police Club, where he was detained until 2 August and then transferred again to
the district police office in Kavre district, where he was held in incorimunicado
detention.
819. On 18 October 1999, the Special Rapporteur sent an urgent appeal on
behalf of Kalpana Subedi (f) , Indra Prasad Dhungel and Yudhasingh Kuwar, who had
reportedly been re—arrested by police on 24 September 1999, on the premises of a
court which had just ordered their release. They had been detained since
14 March 1999 in Birgunj jail, Parsa district, under the Public Security Act.
The three have reportedly been transferred to the district police office in
Sindhuli, but the police there have reportedly denied having them in custody.
820. The Government replied on 14 December 1999 that Kalpana Subedi and Indra
Prasad Dhungel had been detained in Birganj jail, while Yudhasingh Kuwar had
been detained in the Sindhuli district jail, all under the Public Security Act.
The Government denied that any of the individuals had been subjected to torture.
821. On 7 December 1999, the Special Rapporteur sent an urgent appeal on
behalf of Bishnu Pukar Shrestha, a secondary school teacher and a qualified
lawyer who is also a mer er of the Nepal Bar Association and the People's Rights
Concern Movement (PRCM) , a human rights organization. He is said to have taken
part in fact—finding missions to investigate reports of human rights violations
in the context of the so—called Maoist “people's war”. He was reportedly
arrested by six plain—clothes police officers on 2 Septer er 1999 at Satumangal,
Kathmandu. He was said to be held in unacknowledged detention at the Maharajgunj
Police Training Academy, Kathmandu, an unofficial place of detention. In a
hearing in the Supreme Court in response to a writ of habeas corpus filed by his
relatives, the authorities reportedly denied that he had been taken into
custody.
Ni Qer
ReQular communications and replies received
822. By a letter dated 3 Septer er 1999, the Special Rapporteur drew the
attention of the Government to a series of cases transmitted in 1997 with
respect to which no reply had been received.
Pakistan
ReQular communications and replies received
823. By letter dated 17 November 1999, the Special Rapporteur informed the
Government that he continued to receive numerous reports that the use of torture
is widespread and routine and that police routinely use force to coerce
confessions. Common torture methods reported include: beating, burning with
cigarettes, whipping the soles of the feet, sexual assault, prolonged isolation,
electric shock, denial of food or sleep, hanging upside down, forced spreading
of the legs with bar fetters, and public humiliation. Around 80 people are
reported to have died in police custody in 1998. The Special Rapporteur has also
received numerous reports that women and children are subjected to sexual abuse,
E/CN. 4/2000/9
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including rape, while in detention. Police and prison officials are reported to
use the threat of abuse to extort money from prisoners and their families.
Flogging sentences reportedly continued to be imposed for offences tried under
Islamic law. Despite assurances from members of the Pakistani delegation to the
Corimission on Human Rights that the use of bar fetters in prisons has been
discontinued, as recommended by the Special Rapporteur in his report on his
mission to Pakistan (E/CN.4/1997/7/Add.2) , the Special Rapporteur has received
information according to which the use of bar fetters is still permitted under
the law and has accordingly continued.
824. The Special Rapporteur has transmitted information on the following
individual cases.
825. Gul Khan was reportedly arrested on robbery charges on 1 April 1998 in
Multan. He was allegedly tortured and denied food for 10 days. On 11 April he
was reportedly taken to a health care centre, which certified that he was in
good health, reportedly under pressure from the police. When he was admitted to
the hospital the same day he vomited blood. On 12 April a judicial magistrate
signed his discharge certificate while ignoring his critical condition. He
reportedly died the same day.
826. Ghulam Jilani, aged 14, was allegedly arrested by police in Mansehra on
12 May 1998 on theft charges. The boy was pronounced dead a few hours later at
the Mansehra hospital. The police alleged that the victim had tried to hang
himself, but the autopsy report showed that he died of head injuries and that
his body bore marks of torture. He was also allegedly sexually abused.
827. Awais Akram, a bank teller, was allegedly tortured severely and pushed
from the roof of the Civil Lines police station in Lahore on 15 March 1998.
828. Arbab Yousah, the son of a Pakistan People's Party supported candidate in
local government elections in Punjab was allegedly tortured to death on 11 May
1998 by three police officers. He had reportedly been arrested on 4 May on
charges of robbery brought by the local ruling Pakistan Muslim League candidate.
829. Razia Bibi was allegedly gang raped in the Model Town police station in
Gujranwala. She was subsequently charged under the Hudood Ordinance for
adultery.
830. Sattar Baloch was reportedly arrested fom his home on 30 January 1999 on
charges of drug peddling, bank robbery and terrorist activity. The next day he
was reported to have been killed in a police encounter. The autopsy disclosed
torture marks on his body and fractures to his hands and legs.
831. Gul Muhammad was allegedly arrested by the personnel of Section A
Latifabad police station in Hyderabad on 16 February 1999 in connection with the
murder of a watchman. When he was unable to pay a bribe to a policeman, he was
allegedly beaten to death. He reportedly died in police custody on 25 February
1999.
832. Jamil Ahmed was allegedly arrested on 23 February 1999 in Karachi by
uniformed and plain—clothed police of the Asizabad police station. He was
allegedly kicked and beaten by the police at the time of his arrest. In custody
he was allegedly injected with petrol and hung upside down for several hours. He
was reportedly taken to the Karachi Civil Hospital on 11 March 1999, where he
E/CN. 4/2000/9
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died as the result of renal failure. Doctors are reported to have noted visible
signs of injection on his arms.
833. Arman Danish was reportedly arrested by police officers from Jauharabad
police station in Karachi on 16 January 1999. His family was reportedly
threatened that he would be severely tortured if they did not pay a bribe for
his release. He was allegedly hung upside down for several hours and
consequently suffered from renal failure and damaged lungs. As his condition
began to deteriorate, he was reportedly handed over to his family in a very
critical condition. He was allegedly taken to Ziauddin Hospital where he was
reportedly admitted to the intensive care unit. He died from his injuries on
28 January 1999.
834. Shoaib Bukhari, the Muttahida Quami Movement (MQM) Deputy Parliamentary
Leader in the Provincial Asser ly of Sindh, was reportedly arrested on
21 November 1998 during a night raid at the head office of the MQM in Karachi,
along with Wake d Ahmed Jamali, a MQM legislator. During his time in the custody
of the police, he was allegedly hung upside down for prolonged periods of up to
31 hours, allegedly to force him to make confessions. He has reportedly been
sent to the Military Court to be tried for having had the intention of
corimitting terrorist acts.
835. Rizwan Qureshi and Saeed Qureshi, both cousins of Altaf Hussain, the
founder and leader of the MQM, are said to have been arrested by the Crime
Investigation Agency (CIA) and the Khawaja Ajmair Nagri police, on 1 February
1999. While in custody, they were allegedly stripped naked, hung upside down and
hit on the back with a leather belt. The soles of their feet were also allegedly
repeatedly hit by rods and leather whips that caused intense swelling. Twelve
hours later, they were reportedly released and admitted to a hospital, bearing
marks of torture.
836. By the same letter, the Special Rapporteur reminded the Government of a
nur er of cases transmitted in 1994, 1995, 1996, 1997 and 1998 regarding which
no reply had been received.
UrQent a inieals and replies received
837. On 12 May 1999, the Special Rapporteur sent a joint urgent appeal with
the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions on
behalf of Rashid Hussain, Abid Hussain, Khalid Hussain, Shahid Hussain and Asif
Hussain. Rashid Hussain, a MQM worker, had reportedly been detained without
warrant at his residence on 12 May 1999 by police officers of the New Karachi
Police Station. His four brothers were later also detained by police officers.
They were allegedly being held at the New Karachi Police Station.
Observations
838. The Special Rapporteur regrets that the Government has still not provided
any information by way of follow—up to the report on his 1996 visit and the
recommendations it contained.
E/CN. 4/2000/9
page 167
Peru
ReQular communications and replies received
839. By letter dated 12 October 1999, the Special Rapporteur informed the
Government that he had received information concerning living conditions in
prison, according to which there were serious shortcomings in the care provided
for inmates. Moreover, conditions were said to have become harsher following the
adoption of national security legislation by the Government in May 1998 under
Legislative Decrees Nos 895 and 897. These decrees had reportedly abolished all
the prison benefits established by the Penal Code and the Penal Enforcement Code
for those awaiting trial for and convicted of aggravated terrorism, as well as
for the perpetrators and co—perpetrators of aggravated offences (aggravated
homicide, abduction, rape of a minor, theft, aggravated theft and extortion)
According to the information received concerning this legislation, sentences
imposed for these offences will have to be served in maximum security centres
and, moreover, in the case of aggravated terrorism, the prisoner will be kept in
continuous solitary confinement during the first year of his sentence. Supreme
Decree No. 007—98—JUS amending the regulations on the living conditions and
progressivity of treatment of refractory prisoners awaiting trial or serving
their sentences was reported to have been published. This measure would, it
seems, introduce a new phase into the regime imposed on these prisoners. During
this phase they would be subjected to a year of absolute restriction on social
contacts.
840. The Rapporteur received information of special concern in relation to
certain prison centres. Challapalca Penitentiary, which is situated between the
departments of Tacna and Puno at an altitude of around 4,600 m above sea level,
is reportedly being used as a punishment centre for prisoners considered to be
refractory. It is alleged that in this centre prisoners are not allowed to do
any work or, for example, to read magazines and books or use other media. The
isolation is made worse by the inaccessibility of the centre for their families,
not only because of its remoteness but also because of the high altitude and
associated health problems. There have been complaints that inmates have been
ill—treated by one of the prison officials. At the same time, the naval base at
Callao is reported to house the principal leaders of the revolutionary movements
Tupac Amaru (MRTA) and Sendero Luminoso under inhuman conditions. The inmates
are said to be practically sealed off in one—man cells with a small opening in
the door which is only opened to bring in food. Visits are understood to be
allowed only once a month and restricted to the immediate family and there
appears to be no access to the media. The situation in other prison centres has
also claimed the attention of the Special Rapporteur, mainly because of apparent
sanitary and dietary shortcomings, unhealthy conditions, lack of legal
assistance for the inmates, overcrowding, subjective assessment of the prisoners
and rigid visiting systems. Moreover, there are reports of cases of abuse and
corruption on the part of staff of the National Prison Institute (INPE) . The
Rapporteur has been told that such situations exist in the following centres:
Castro prison, Chorrillos women's prison, Luigancho prison, Quencoro (Cusco)
prison, the Santa Barbara (Callao) detention centre, and Piura and Tumbes
prisons.
841. With regard to compulsory military service, the Rapporteur has received
numerous complaints about the alleged ill—treatment and torture of young men,
both during “levies” (compulsory recruitment system) and during their period of
service, despite these being military offences. According to the information
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received, the Ministry of Defence has been sheltering those responsible and the
Congress has not properly performed its supervisory role. It is claimed that the
public prosecutor's inquiries have failed to identify the culprits and the
military courts have not properly ensured an impartial investigation.
842. The Special Rapporteur transmitted information concerning the following
individual cases.
843. Lucas Huamán Cruz and Zózimo Lunasco Taype were taken to the Peru de San
Francisco national police commissariat (La Mar, Ayacucho) on 1 Septer er 1998.
There, NCO Third Class Augusto Raymundo Gutiérrez Rivero is reported to have
taken charge of the case. It appears that Lucas Huamán and Zózimo Lunasco were
led into the inner courtyard of the police station where they were interrogated
and brutally beaten by the police in order to make them accept responsibility
for the theft of which they were accused. They were reportedly released that
evening and Lucas Huamán died the next day after suffering severe pains. An
autopsy performed at the Pichari medical centre is said to have revealed clear
signs of injuries. On 15 Decer er 1998, the court of San Miguel reportedly
issued an arrest warrant against Augusto Gutiérrez Rivero and ordered that the
records concerning the injuries suffered by Zózimo Lunasco be handed over to the
Public Prosecutor for an opinion.
844. Carlos Orellana Mallqui is reported to have gone out on 11 December 1998.
The next day, when he failed to return, his partner went to look for him. At the
police station, he was told by a police officer that he should go to the
hospital since there had been a shooting during the night. On arriving at the
hospital, he found his partner in an intensive care unit in a coma. According to
the specialists and nurses, when Carlos Orellana , a teacher, was admitted to
the hospital in the early morning, he complained about the police who had
brought him, saying “now they're not hitting me”. Carlos Orellana is said to
have had a gunshot wound in the head and died on 13 January. In connection with
this case, PNP NCO Third Class Joel Sanchez Patricio is reported to have been
dismissed under an administrative procedure. Criminal proceedings have
apparently also been instituted against him for homicide by injury.
845. Wilmer Sanchez Silva is reported to have been arrested by the police on
21 February in Bagua Grande, Utcubar a Province, Department of Amazonas. It is
alleged that during his detention he was tortured. Following a complaint by his
relatives, a dossier was opened. The Bagua Grande Health Centre is said to have
diagnosed extensive bruising and multiple abrasions. According to an
administrative investigation carried out in Police District 13, Wilmer Sanchez
Silva did not suffer physical or psychological torture during the investigation
process and “the injuries to his face and part of his body and wrists are the
result of the knocks he took on the day of his arrest due to his falling on
several occasions when trying to escape”. No judicial investigation appears to
have been carried out.
846. After being arrested on 18 May 1998, Luis Omar Cruz Fano was reportedly
taken to an empty room on the second floor of the Aucayacu police station by
police officers Rodolfo Chichón Ricra and Fredy Rincón Garay. For half an hour,
he was allegedly hit in the stomach and thrown violently to the floor while
being questioned about a firearm he was said to possess. On 19 May, Rodolfo
Chichón Ricra reportedly took him to the second—floor bathroom where the police
officers Abelardo Tipismana Espino and Fredy Rincón Garay, together with four
other unidentified persons, were waiting for him. They are alleged to have
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blindfolded him, made him lie down on a mattress and tied him up in it. Then
they allegedly put his head in a bathtub and beat the back of his neck.
According to the medical certificate, Luis Omar Cruz suffered various injuries,
the final diagnosis being minor traumatism with the recorimendation that he have
one day's rest and two days of treatment.
847. Armando Alex Bedón Huamancóndor and his friend Max are reported to have
been stopped by two officers of the Highway Division of the Peruvian National
Police, Sur de Tacna Region (highway police) , PNP NCO Fredy Delgado Berrios and
PNP NCO Antonio Panuera Diaz, in the Yarada area on the outskirts of Tacna. It
appears that the driver of the vehicle was not arrested after paying the
policemen a certain sum of money. Armando Alex Bedón and his friend Max were
allegedly taken to some farm buildings where the police officers are said to
have tried to strip them and then struck them with revolvers, punched and kicked
them. After losing consciousness, they were reportedly taken to the Hipólito
Unanue Hospital in Tacna. The police are alleged to have then left Armando Alex
Bedón on the outskirts of the town. The official medical certificate apparently
confirmed numerous injuries to the body of Armando Alex Bedón. A complaint is
said to have been lodged and an investigation opened by the Third CorcJDined
Jurisdiction Provincial Procurator's Office in Tacna for torture with serious
bodily harm.
848. Raül Teobaldo Miguel Andahua was reportedly stopped by a man who did not
identify himself on 18 December 1998 in the town of Aguaytia, Padre Abad
Province, Department of Ucayali. This man is said to have forced him to get into
a vehicle and taken him to the Aguaytia navy base. A person unknown had
apparently accused him of being a subversive. At the base he was allegedly
brutally beaten by at least eight people who kicked him on the legs, arms,
stomach, back and head and punched him in the face. He was reportedly subjected
to psychological torture, with shots being fired close to his ear, which
apparently injured his hearing. Later, a Navy lieutenant called Lieutenant
Daniel is alleged to have crushed Raül Miguel Andahua's testicles and pushed a
stick about 30 cm long up his anus. After that, they are said to have held his
head under water several times in a bathtub until he fainted. The next day, a
sailor allegedly applied electric currents to his back to get him to incriminate
himself as a subversive. One of the sailors whom Raül Miguel Andahua is said to
have identified as one of those who tried to obtain a self—incriminating
statement from him was reportedly Petty Officer Julio Espencer Guido Dávalos. On
23 December 1998, he was reportedly taken to Aguaytia police station and turned
over to the Anti—Terrorism Department (PNP) at Tingo Maria where he was
reportedly released after proving his innocence. The medical certificate issued
by the Tingo Maria Forensic Medicine Division is understood to have established
that the patient was “psychologically very upset, depressed and humiliated”.
Various physical injuries extending over his entire body were diagnosed and he
was found to have “serious TEC, ocular discharge, testiculitis” and “traumatic
injuries caused by a blunt instrument and maltreatment” . Another medical
certificate issued following a proctological examination is said to report signs
of a probable consummated sexual act and, as a consequence, “a recent
circumstantial anxiety—depressive syndrome” . Raül Teobaldo is reported to have
lodged a complaint with the Public Prosecutor's Office.
849. Henry Sócola was allegedly cruelly beaten in October 1998 by the Sub—
Director of Rio Seco prison, which is reported to have led to his subsequently
requiring a surgical operation.
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850. José Antonio Rojo Sanchez was reportedly doing compulsory military
service in the Peruvian Army's Grau de Piura barracks when, on 29 August 1998,
he was admitted to the Cayetano Heredia Hospital in Piura by Captain César
Carreno Quiche and the nurse Elizandro Mercedos. The doctors are said to have
found that he was suffering from injuries and cranial encephalic traumatism
requiring an operation. José Antonio Rojo accused two re—enlisted sergeants, one
known as Wayere and the other called Cevallos. The Provincial Procurator of the
Piura First Criminal Procurator's Office is reported to have referred the case
to the Army's Regional Inspectorate on 16 November 1998.
851. Ezequiel Agurto Nole is said to have reported voluntarily for duty with
the Peruvian Air Force (FAP) in 1996 and been assigned to the Talara Air Group
No. 11. He allegedly disappeared in Septer er 1998. After receiving several
evasive answers to their inquiries, the relatives were reportedly informed by
FAP Commander Plascencia that Ezequiel had deserted. It is alleged that at the
end of 1998 Ezequiel Agurto was taken home by a Mrs Santos and her husband who
said they had found him very badly wounded and almost unconscious. He is said to
have told his relatives that he had been constantly ill-treated by Commander
Plascencia and that, at the time of his disappearance, he had been sexually
abused by him. He is reported to have said that he had received medical
attention and that a major called Obregón had allowed him to go home. On
leaving, he was apparently intercepted by Corimander Plascencia who is alleged to
have left him in a remote and unfamiliar place, where he was found by Mrs Santos
and her husband.
852. Christian Preciado Noe is said to have reported voluntarily for military
service at the Peruvian Army's Miguel Cortés Barracks in April 1998 and been
assigned to the army base at Suyo en Sullana. In October 1998, his relatives are
said to have heard that he had been admitted to Lima Military Hospital. On
18 December he was transferred to the Miguel Cortés Barracks, where his
relatives were told to take him away. At first, the family was told that he was
suffering from stress. Later, he was reportedly said to have been discharged for
depressive psychosis. Christian Preciado said he had been ill—treated and
remembered only Sergeant Peralta as one of his attackers.
853. Henry Francisco Hurtado Diaz is reported to have been compulsorily
recruited (by “levy”) in Chimbote on 10 October 1998. On 13 December, he was
taken to the Miguel Cortés Army Barracks at Sullana where, it is alleged, he was
brutally beaten, suffering damage to his hearing and vision. He reportedly
accused Major Pasara of the El Rancha First Cavalry Division at Sullana. His
father is said to have requested his discharge on 30 October because of his poor
health and the case has apparently been reported to the ChircJiote Social Justice
Corimission.
854. Edgard Rosas Platero, Edwing Lupaca Lupaca and Rodolfo Salinas Hurtado,
aged 16, reportedly tried to commit suicide with rat poison as a result of the
systematic abuse and ill-treatment to which they were allegedly subjected and
the difficult and inhuman conditions in which they found themselves after being
put in a military prison while undergoing the punishment meted out by their
superiors. According to the Tacna Army detachment and the Chairman of the
Congressional Abuse of Authority Corimittee, Congressman C90-NM Danaiel Espichán,
the reasons for the attempted suicide were family problems and indiscipline and
the accusations of ill—treatment were false. A representative of the Ombudsman's
Office is reported to have opened an investigation.
E/CN. 4/2000/9
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855. Francisco Perca Carbajal is reported to have died in the Gregorio
Albarraci Barracks in Tacna on 19 Nover er 1998 after being hit by a bullet.
Francisco Perca is said to have repeatedly told his relatives that he was
constantly being beaten inside the barracks, mentioning soldiers called Huayta
and Caballero Caballero, who allegedly also threatened to kill him. According to
an investigation conducted by the office of the Corimander of the Tacna barracks,
Francisco Perca shot himself. Investigations into the case are reported to have
been opened by the Tacna Military Procurator's Office and the Tacna Second
Corcjiined Jurisdiction Provincial Procurator's Office.
856. Julio César Pinedo Vásquez is said to have reported voluntarily for
compulsory military service with the Army in Chimbote on 28 Septer er 1998 and
to have returned home on 21 October 1998. It is alleged that he was ill—treated
inside the barracks, where an electric current was applied to his head. On
23 October 1998, he was examined by a psychiatrist who prescribed tranquilizers.
The Office of the Ombudsman is said to have taken steps to have Julio Pinedo
medically examined in the city of Trujillo. It appears that the Trujillo
Provincial Procurator's Office will be in charge of the investigation into the
alleged ill—treatment.
Follow—un to previously transmitted corimunications
857. By letter dated 5 Nover er 1998, the Special Rapporteur reminded the
Government of a number of cases of torture previously corimunicated by letter
dated 26 May 1997. The Government replied by letter dated 23 Decer er 1998,
providing information on the following cases.
858. Leonor La Rosa Bustamante was reportedly tortured in January and
February 1997 by the Army Intelligence Service. In a first judgement, four
officers were convicted. However, in Nover er 1997 two officers were acquitted
by the Review Court of the Supreme Council of Military Justice (see
E/CN.4/1999/61, para. 572 and E/CN.4/1998/38/Add.1, para. 311) . The Government
confirmed the initial conviction of a colonel, a lieutenant colonel and two
majors and the subsequent review of the case, which maintained the convictions
of only the lieutenant colonel and an Intelligence major for disobedience and
abuse of authority. It was also decided to proceed against an infantry colonel
for the same offences and to acquit the other two accused. In June 1997, for
humanitarian reasons, the Government of Peru, through the Minister for the
Advancement of Women and Human Development (PROMUDEH) , offered the victim
rehabilitation treatment which she accepted in July 1997. This offer was made
good by paying for physiotherapy and neurological rehabilitation treatment,
including air tickets and travel expenses.
859. Carlos Polanco Ramirez was reportedly arrested and tortured on
28 February 1997 at the Pichanaki military base by personnel belonging to the
base. It is alleged that he was again tortured after being handed over to the
Pachacütec Special Commando Company (see E/CN.4/1999/61, para. 575 and
E/CN.4/1998/38/Add.1, para. 315) . The Government replied that, according to the
records of the 31st Infantry Division, this person served in Villa Rica and
Huancayo between 1995 and 1997, joined the ranks and was discharged in June 1997
from No. 31 Corimunications Company under the normal procedures of the Personnel
Administration. There were no entries relating to his arrest or complaints of
ill—treatment.
E/CN. 4/2000/9
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860. By letters dated 31 August and 23 December 1998, the Government provided
the Special Rapporteur with the information summarized below concerning the
following persons.
861. Aurelio Leyva Barboza was reportedly arrested on 24 February 1997 and
tortured at the Pichanaki military base (see E/CN.4/1999/61, para. 573)
According to the Government, he was arrested in Villa Rica, because he was
intending to lead an attack on the Villa Rica 79th Anti-Subversion Battalion,
and handed over to the Oxapampa Anti-Terrorism Section (SECOTE) on 26 February
1997.
862. Arturo Villaizán Contreras was reportedly arrested on 1 March 1997,
together with 36 other peasants of La Merced, and tortured at the Pachacütec 31
military base in Pichanaki by mer ers of army patrols from Pichanaki (see
E/CN.4/1999/61, para. 574) . According to the Government, this person was
arrested as a suspected mer er of the terrorist organization Movimiento
Revolucionario Tüpac Amaru. He was handed over to the Oxapampa SECOTE on 5 March
1997 and then taken to the National Anti—Terrorism Directorate in Lima. He was
released on 26 March 1997 and the Congressional Human Rights and Pacification
Corimission was so informed.
863. William Teodorico Olivera Espinoza was reportedly arrested on 23
Septer er 1997 at the military base of Tocache and re—arrested on 6 December
1997 in Puerto Pizana. On both occasions he was allegedly tortured. Ten days
after the second arrest he was taken into custody (see E/CN.4/1999/61, para.
567) . According to the Government, William T. Olivera was first arrested by a
patrol of the Villapampa Anti-Subversion Battalion and handed over to the
Tocache SECOTE—PNP the same day on suspicion of terrorism and illegal possession
of a hand grenade. Subsequently, he was released pending trial, re—arrested by
soldiers from the Pizana Anti—Subversion Base on 6 December for trying to buy
ammunition from a Peruvian Army NCO and again handed over to the Tocache SECOTE—
PNP on 16 Decer er 1997. In October 1997 he was given a medical examination
which found “bruising of the soles of the feet with minor functional impotence”,
caused by his having to walk from Nuevo Horizonte to Tocache with the army
patrol. Neither the Government Procurator's Office nor the Criminal Court of
Tocache had any record of any complaint against military personnel for ill—
treatment or harassment.
864. After being charged with theft at the military base where he was serving,
Army Sergeant Oscar Chucho Henostroza of the “Juan Hoyle Palacios”
No. 6 Motorized Infantry Battalion (BIM) of the district of Independencia,
Huaraz, was reportedly tortured by members of his own battalion (see
E/CN.4/1999/61, para. 569) . According to the Government, on 31 May 1997 he was
subjected to interrogation prohibited by the regulations constituting the
offence of abuse of authority under the Code of Military Justice. The Army
Corimand had had the sergeant admitted to the infirmary and ordered a medical
report in July 1998. The report showed that he was not suffering any physical
consequences from the assault he had undergone a year earlier. As far as the
investigation of the facts was concerned, administrative inquiries had been
initiated by the Army Inspectorate System and the suspects had been brought
before an investigation board. As a result, two officers were retired as a
disciplinary measure, in August and Septer er 1997. In the military courts they
were sentenced to 8 months imprisonment in the case of the captain and 5 months
in the case of the NCO, together with the payment of 1,000 new sols in civil
damages.
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865. Tony Gustavo Aduvire Congori and other youths were reportedly arrested on
30 July 1997 by military personnel in the town of Tacna. They were taken to the
Tarapacá Peruvian Army barracks. Later, Tony Gustavo Aduvire's dead body was
found close to the barracks showing signs of beatings (see E/CN.4/1999/61,
para. 570) . The Government reported that he had jumped recklessly from the truck
in which he was being taken with other youths to the Tarapacá barracks for
having evaded compulsory military service. He was picked up and taken to the
barracks infirmary where he was found to be sick and in need of medical
attention. On being informed of the situation, the technician in charge of the
truck which had transported the youths ordered that he be taken out of the
barracks and let go. The military personnel involved had been disciplined and
reported to the military justice system for abuse of authority. Their case was
being processed. The Tacna Specialized Criminal Court had initiated pre—trial
proceedings against a lieutenant colonel, the third—class technician in charge
of the vehicle, two sergeants and four corporals for the offence of abandoning a
person in danger aggravated by his consequent death. The Criminal Division of
the Tacna Court finally gave the third—class technician a suspended sentence of
four years imprisonment and one of the sergeants a suspended sentence of three
years imprisonment, while also ordering the payment of 15,000 new sols in civil
damages. The others were acquitted.
866. Rosendo Linares Chavez was reportedly tortured on 6 December 1997 by an
NCO, a sub-lieutenant and a lieutenant of the Peruvian National Police in the
town of Huamachuco (see E/CN.4/1999/61, para. 566) . According to the Government,
on 12 January 1998, a report was made on an offence against human life and the
person and the accused were held in custody at the disposal of the Provincial
Procurator in Huamachuco. Moreover, in March 1998, administrative disciplinary
action was taken against the police officers in question for breaches of
discipline (negligence) and abuse of authority, for which they were punished
with 20, 15 and 12 days of detention and reported to the PNP Judicial Area for
the above—mentioned offence.
867. By the same letter, the Special Rapporteur transmitted to the Government
information concerning Denis Taminchi Saavedra who was reportedly arrested and
tortured on 4 January 1997 while being taken from the Peruvian Social Security
Institute of Pucallpa to the Pucallpa naval base (see E/CN.4/1999/61,
para. 571) . By letter dated 24 February 1999, the Government informed the
Special Rapporteur that four Navy personnel had been investigated by the
Pucallpa Provincial Procurator for abuse of authority in connection with this
case. In August 1997, on the basis of the investigation carried out by the
Procurator, the judge of the First Criminal Court of Coronel Portillo had
dismissed the case against the accused. The grounds for dismissal were lack of
evidence and the untruthfulness and partiality of the complaint, inasmuch as
Denis Taminchi was trying to get back his job with the Peruvian Social Security
Institute which was managed by one of the defendants. Furthermore, the complaint
had been lodged two months after the event rather than irimediately. In general,
the evidence produced was not sufficient to establish that an offence had been
corimitted or that the defendants were responsible.
868. By the same letter, the Special Rapporteur urged the Government to take
all the necessary measures to investigate, try and suitably punish anyone guilty
of torture, whatever his rank or position. He also urged the Government to take
effective preventive measures when confronted with such cases and to arrange for
compensation for the victims or their relatives, in accordance with the
provisions of the relevant international conventions.
E/CN. 4/2000/9
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869. By letters dated 25 February and 25 Decer er 1998, the Peruvian
Government provided the Special Rapporteur with information concerning progress
made in the field of human rights. Insofar as it falls within the Rapporteur's
terms of reference, this information is summarized below.
870. Law No. 26926 amending several articles of the Penal Code and
incorporating Title KIV-A on “Crimes against humanity” had been approved. In all
the cases envisaged in this title the ordinary courts would be competent.
Chapter III of this title was said to be devoted to the question of torture.
Under this chapter, those responsible for acts of torture, including conditions
or techniques that destroy the personality or diminish the intellectual capacity
of the victim, even if these methods do not cause physical injury or mental
illness, intended to obtain a confession or information from the victim or a
third party or to punish the victim for some offence or to intimidate or coerce
the victim, will be punished with terms of imprisonment ranging from 5 to
12 years. If the torture leads to death or serious injury, the penalties will
range from 8 to 10 years in the event of death and 6 to 12 years in the event of
serious injury. The same penalties will be applicable to any doctor or health
professional who cooperates in such acts. Other provisions, which amend
articles 125, 128 and 129 of the Penal Code, establish penalties for those who,
by abandonment or neglect, endanger the physical well—being of a minor in their
custody. Penalties are also provided for those who subject persons in their
custody to conditions such as to place their life or physical well—being at
risk. The right to medical assistance and the right of a possible torture victim
to be examined immediately by a forensic therapist are included. The next task
is said to be to incorporate other offences such as arbitrary arrest and
extrajudicial execution.
871. The Government also submitted a report on the first two years of
operation of the Office of the Or udsman in Peru. Among its positive
achievements, the report mentions the broad public acceptance of the Ombudsman
as the protector of fundamental rights; a greater readiness on the part of
people to claim their rights as a result of increased awareness of those rights
and the conviction that they must be respected; a drastic reduction in forced
disappearances; the creation of the Ad Hoc National Commission on Pardon; the
elimination of faceless judges; the promulgation of Law No. 26926 incorporating
crimes against humanity in the Penal Code; the adoption of special measures on
behalf of displaced persons and communities affected by violence; affirmative
action in favour of women's rights; and the introduction of operational
mechanisms that provide for the ever—increasing participation of civil society.
872. By letters dated 12 January 1998 and 21 January 1999, the Government also
provided information on the granting of pardons to 36 people who had been
convicted of terrorism or treason. By letter dated 19 March 1999, the Government
provided the Special Rapporteur with a transcript of Supreme Decree No. 003—99—JUS
of 17 February 1999 amending the Regulations on the living conditions and
progressivity of treatment of prisoners convicted of or awaiting trial for the
offences of terrorism and/or treason at national level. Thanks to the amendments
introduced, prisoners will be able to enjoy a greater nur er of hours of outdoor
exercise in the prison yard (between two and three hours as compared with one
hour under the previous regulations) in manageable groups, as determined by the
Prison Technical Board.
E/CN. 4/2000/9
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873. By letter dated 26 November 1999, the Government replied to the Special
Rapporteur by providing information on the cases of the citizens: Bernardo Rogue
Castro, Segundo Alva Mann, Edison Loayza Alférez and Armando Cumapa Onorte (see
E/CN.4/1999/61, paras. 576-577).
874. According to the Government, on 1 March 1998, Bernardo Rogue Castro,
Segundo Alva Mann, Edison Loayza Alférez, Armando Cumapa Onorte and Alejandro
Astorga Valdez, members of the Tupac Amaro terrorist group, and inmates of
Yamanago prison, reportedly resisted being returned to their cells at the end of
their exercise hour. In the face of this, National Police Major Luis Sanchez
Moreno is said to have asked the inmate (delegate) Miguel Rincón Rincón to
change his attitude. The inmates allegedly went up to the second floor where a
group of them surprised Police Major Jorge Loyola Felipe and his supporting
staff who were punched and kicked, the aforementioned officer suffering a 4 cm
long cut on the right forehead, allegedly inflicted by the inmate Alejandro
Astorga Valdez. The rest of the inmates apparently threw food at the prison
staff who repelled the attack to re—establish order; in these circumstances both
groups are said to have sustained injuries. The prison director reportedly
arrived on the scene and warned the inmates to return to their cells, thereby
restoring order. On 2 March 1998, a National Police NCO (third class) reported
on the acts of indiscipline committed by the inmates Eradio Segura Palomino and
Segundo Sena Montalván who had caused material damage in order to facilitate a
possible escape. According to the Government, these acts of indiscipline and
assaults corimitted by the inmates were brought to the attention of the rota
public prosecutor of the province of Puno. The National Police were not guilty
of assault on 1 March 1998, since it was the inmates who started the trouble.
Moreover, the prison director had not ordered the inmate Alejandro Astorga
Valdez to be taken from his cell and beaten since, after being warned, the
inmates had gone back to their cells, thereby putting an end to the acts of
indiscipline.
Observations
875. The Special Rapporteur welcomes various legal reforms reported by the
Government, especially provisions contemplating that torture, as defined
internationally, will be punishable as a serious crime. He also appreciates the
detailed replies of the Government, which indicate some successful action
against perpetrators of torture. He notes the assessment of the Committee
against Torture in its conclusions and recommendations on its review of the
country's periodic report (CAT/C/23/4) that, despite “the reduction of
complaints of mistreatment by persons in custody over recent years” (para. 3),
it is concerned “at the continuing numerous allegations of torture” (para. 4)
which he believes is facilitated by the 15—day period of incommunicado detention
applicable to persons suspected of acts of terrorism.
Phili ines
UrQent a inieals and replies received
876. On 27 May 1999, the Special Rapporteur sent a joint urgent appeal with
the Special Rapporteur on extrajudicial, summary or arbitrary executions on
behalf of Pablito Andan, who had reportedly been convicted and sentenced to
death for rape and murder in August 1994. He was allegedly detained in February
1994 by men believed to be the local mayor's bodyguards, who took him to a hotel
room where they blindfolded him and ordered him to confess to the crime of rape
E/CN. 4/2000/9
page 176
and homicide, before taking him to police detention cells. To force him to
confess the men allegedly beat him, held him down on the floor and poured water
down his nostrils, repeatedly forced his head down a dirty toilet bowl and
injected him in the neck and the buttocks with an unknown substance that made
him feel disorientated. Subsequently he reportedly confessed to the crime. He
reportedly retracted his confession when he stood trial, and stated that he had
been tortured during interrogation. The Supreme Court reportedly recorded his
allegations of torture, but admitted his confession. He was scheduled to be
executed by lethal injection on 28 May 1999.
877. By the same urgent appeal, the Special Rapporteurs intervened on behalf
of Dante Piandiong, who had reportedly been arrested in December 1994 and taken
into police custody, where he was allegedly beaten and given electric shocks to
his genitals. During his trial, he reportedly testified that he had been
tortured by the police. But, the trial judge is said to have only mentioned this
in passing when he convicted Dante Piandiong and his co—accused, Archie Bulan
and Jesus Morallos, and sentenced them to death. The Supreme Court is reported
not to have referred to the alleged ill—treatment or torture when it reviewed
their cases and confirmed their sentences. The allegations of torture have
allegedly not been fully and impartially investigated. They were scheduled to be
executed on 7 April 1999. The President of the Republic of the Philippines was
reported to have granted a 90—day reprieve to them on 6 April 1999 with a view
to an exhaustive review of the case being conducted.
878. On 20 October 1999, the Special Rapporteur sent a new joint urgent appeal
with the Special Rapporteur on extrajudicial, summary or arbitrary executions on
behalf of Pablito Andan, who may reportedly have been executed any time after
the expiry of his stay of execution on 25 October 1999, after President Estrada
rejected his appeal for clemency (see above)
Romani a
Observations
879. The Special Rapporteur's assessment of the situation in the country may
be found in the report on his visit to Romania, issued as Addendum 3 to the
present report.
Russian Federation
ReQular communications and replies received
880. By letter dated 19 November 1999, the Special Rapporteur advised the
Government that he had received information alleging that torture in police
station and pre—trial detention centres during the first moments of detention,
in order to coerce confessions and testimony, is widespread and systematic. The
methods of physical torture include prolonged beatings and kicking (on the
heals, head and kidneys), electroshock, asphyxiation (using plastic bags or gas
masks) and painful suspension of the victim by certain body parts.
881. Gross overcrowding in pre—trial detention centres continues to present
life—threatening conditions for detainees that may be described as torturous
(see E/CN.4/1995/34/Add.1).
E/CN. 4/2000/9
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882. The Special Rapporteur transmitted information on the following
individual cases.
883. Mikhail Iurochko, from Arkhangel'sk, was reportedly detained in late 1993
in his home town on suspicion of murder. He reportedly confessed after police
placed him several times in a “pressing room” in which he was allegedly subject
to both psychological and physical harm, including rape. Three days later, he
confessed to the murders. His convictions have apparently been overturned and
all charges against him have been dropped by the Procuracy in Arkhangel'sk.
884. Igor Akhrimenko was allegedly subjected to electro—shock treatment in
April 1994 while in police custody. He was reportedly taken into a room and hit
from the side and then punched in the temple, causing him to lose consciousness.
He was allegedly handcuffed to a radiator and two electric wires with clamps
were attached to his ear lobes. He was reportedly being held by the legs and by
his head by two policemen who were asking him questions at the time.
885. Zhanna Setchekvia was allegedly severely beaten in April 1994 by police
in Usol'e—Sibirskoe after she was taken to the police station and ordered to
sign papers concerning the investigation of a murder for which her husband, Igor
Akhrimenko (see above) , was a suspect. She was allegedly thrown on the floor and
beaten by two police officers. She was reportedly taken to a hospital emergency
room when she was released from the police station.
886. Sergei Mikhailov was reportedly arrested in Velsk in December 1994 on
administrative charges. He was reportedly held for 10 days. Denied access to a
lawyer, he was allegedly severely beaten by the police and was allegedly
threatened with being thrown into a so—called “press hut” where fellow detainees
would be encouraged by wardens to intimidate and brutalize him. While in
detention, he confessed, reportedly as a result of the torture, to the murder
and rape of a 10—year—old girl. After he was granted access to a lawyer, he
withdrew his confession. In April 1995, the Arkhangelsk Regional Court sentenced
Mikhailov to death. The Supreme Court has reportedly confirmed the sentence on
appeal. In November 1996, a suspect reportedly confessed to the murder for which
Mikhailov had been sentenced. His confession was corroborated by physical
evidence found at the scene of the first murder. The head of the Arkhangelsk
procurator's office refused to send this information to the Procuracy General in
Moscow. In the meantime, Mikhailov reportedly continues to be held on death row
at the Arkhangelsk pre—trial detention centre. From 24 April 1995 to 1 July
1997, he was reportedly deprived of exposure to sunlight, as death row prisoners
do not have the right to recreation.
887. Mikhail Sobolev was reportedly beaten severely at his home in
Ekaterinburg on the night of 28 March 1995. Plain-clothed police officers
allegedly forced their way into his apartment and immediately beat him until he
lost consciousness. He was allegedly beaten so severely that he required a month
of hospitalization. He reportedly sent a complaint to the Procuracy but received
no response. The case reportedly reached the Kirov District Court on 1 January
1997. Since that date, the case has reportedly been delayed and transferred to a
court in a neighbouring province.
888. Andrei Potanin was reportedly beaten at his home in Ekaterinburg on
11 May 1995 by plain-clothes police officers. He was reportedly beaten in the
presence of family members until he lost consciousness. He was then reportedly
taken to the police station, without search or arrest warrant.
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889. German Il'in was reportedly tortured by suspension while in police
custody in November 1995 in Irkutsk province. He was allegedly handcuffed to a
pipe so that his feet could not touch the ground. In this position, he was
allegedly beaten in the kidney and liver areas for 20 to 30 minutes.
890. Dmitry Zhukov, a private in the army stationed on the island of Severny
Berezovy in the Gulf of Finland, reportedly suffered multiple injuries to his
head and to his back, allegedly caused by a commanding senior soldier. While
being treated for three weeks by doctors in Vyborg, he was reportedly denied his
food rations by a fellow soldier, who was reportedly in effective control of the
base, to punish him for his “slowness”. He was reportedly hospitalized with
physical injuries, stomatitis and the early stages of kidney failure. A criminal
case has reportedly been opened against the commanding officer on charges of
torture and brutality, although the result of this action is at present unknown.
891. Denis Andreyev, a private in the army, was reportedly awakened and
attacked by two officers on the night of 27 December 1995 when he was returning
from the hospital where he was receiving treatment for a broken leg. His hands
were reportedly handcuffed behind his back and then officers allegedly beat him
until he lost consciousness. He was then reportedly ordered by the officers to
be locked in a cell for 35 days for disciplinary punishment. The head of the
medical army unit reportedly refused to provide any medical treatment to him. He
was reportedly told by another officer that he should hang himself in order to
put an end to his suffering.
892. Viktor Fyodorovich Andreyev has reportedly been held for three years in a
Moscow pre—trial detention centre, “Matrosskava Tishina”, and is allegedly being
denied medical treatment even though he is critically ill with tuberculosis. He
was reportedly arrested in 1995, while serving in the Russian army in Chechnya,
for the murder of his commanding officer, who had allegedly repeatedly abused
and tortured him and other conscripts. He reportedly attempted to desert twice
during the conflict and was allegedly subjected to torture each time he was
returned to the army. He has reportedly not been allowed a visit by members of
his family or a lawyer of his choice during his detention.
893. Alexander Volod'ko was reportedly arrested at his home on 23 July 1996 by
police in Aleksin, in connection with their investigation of the attempted
murder of a police officer. He was allegedly beaten and taken to a forest where
the officers held his head under water in a brook. The next day, men in dark
masks reportedly beat him for several hours somewhere near the river Oka and
staged a mock execution. On the third day, he reportedly attempted to commit
suicide by slashing his wrists. Doctors are alleged to have stitched his wounds
so he could be subjected to further torture. On the fourth day, the men in dark
masks once again allegedly asphyxiated him in water and forced a smouldering
piece of wood into his anus. The following two days, he was allegedly placed in
a “pressing cell” where two young men beat him. On the tenth day after his
arrest, he reportedly confessed to the crime. On 18 March 1999, a court
sentenced him to two years and eight months' imprisonment. Although the police
officers denied torturing him, protests from human rights organizations
reportedly led the Procurator's office to institute criminal proceedings against
the police officers.
894. Boris Botvinnik was reportedly arrested on 18 September 1996 by riot
police in Moscow on suspicion of robbing a currency exchange. The police
allegedly forced their way into his apartment and beat him to the ground. The
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police reportedly forced a gas mask over his head and cut off the oxygen supply
from time to time, while they reportedly accused him of a series of crimes. They
then reportedly took him to Moscow's main police station at Petrovka 38 and
forced him to confess to the robbery of a currency exchange booth at Moscow
State University. He was reportedly released from pre—trial detention in
February 1997 for medical reasons; he had reportedly lost nearly all of his
eyesight since his detention, as a result of the overcrowded conditions, a lack
of natural light in the cells of the pre—trial detention centre and his reported
denial of requests for medical attention. In March 1999, he was reportedly
convicted despite a reported lack of material evidence. The judge reportedly
refused to exclude confessions from the evidence of the case against him,
despite medical evidence that he had been tortured. He was given a five—year
suspended sentence.
895. Dmitrii Koligov and Mikhail Shikalenko were reportedly arrested in
Septer er 1996 in Moscow for robbing a currency exchange booth. They were co-
defendants with Boris Botvinnik (see above) . Both were allegedly subjected to
treatment similar to that of Botvinnik and were coerced to sign confessions. The
two men reportedly remained in the pre—trial detention centre of Butryka for two
and a half years while the criminal investigation and court hearings took place.
In 1998, Shikalenko was reportedly diagnosed with tuberculosis, allegedly
contracted during his detention. They were sentenced to three and four year
sentences, respectively, despite a reported lack of material evidence in the
case.
896. Tatiana Popkova is reported to have been forcibly taken to the police
station in Irkutsk province in the fall of 1996. She was reportedly ordered to
sign an interrogation report. When she refused to sign the report without first
reading it, a police officer allegedly took her by the hair and hit her head
against a wall several times. The police officers also allegedly threatened to
place her in a “pressing” room. She was reportedly released shortly after.
897. Andrei Kol'tsov was reportedly driven to a forest in 1996 approximately
two kilometres from the local pre—trial detention centre, where he was
reportedly severely beaten. The police also allegedly tied one of his legs to a
tree with a rope and the other to the car. The car was then started up and the
rope stretched, forcing his legs to split. The police reportedly only stopped
when Kol'tsov agreed to write a confession. Medical documents from the pre—trial
detention centre and a forensic examination confirmed Kol'tsov's injuries, which
included numerous large bruises on the chest and a broken rib.
898. Oleg Fetisov, aged 15, was reportedly approached by police while he was
at school in Ekaterinburg on 21 November 1996 having his lunch break. The police
officers reportedly asked him to come to the police station in Verkh Isetskii
for questioning about the theft of another boy's jacket. Police officers
allegedly beat him, kicked him and dragged him around the floor when he refused
to confess to the crime. He was allegedly handcuffed, tied to a chair and a gas
mask put over his head. The oxygen supply was allegedly cut off several times
for about a minute each time. He eventually informed the police that he would
write a confession. He reportedly jumped out of a window. He was reportedly
taken to hospital with a broken skull, pelvic bone and arm, contusions to his
knee and concussion. The police continued to pursue the criminal case against
Fetisov and his two co—defendants, who had both spent almost a year in
detention. In March 1998, the three men were found guilty.
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899. Anton Shamberov and Kirill Komlev, brothers, who were both accused of
killing a friend of the chief of the city police department in Nizhnii Novgorod,
were allegedly subjected to extensive psychological pressure by police in
Nizhnii Novgorod in 1996. Police officers allegedly threatened them to take them
to the forest and kill them.
900. Aleksei Alekseev, aged 14, was reportedly detained in March 1997 in
Ekaterinburg after a car owner complained to the police that he and a friend had
thrown snowballs. The two boys were taken to the police station and held for
four hours without being allowed to phone their families. The police allegedly
compelled Aleksei Alekseev to confess to the crime by beating him over the head,
pulling his hair and threatening him with further beatings if he did not
confess. He was reportedly diagnosed by a doctor as having possible concussion
and bruises to his head following his release.
901. Igor Afon'kin was reportedly detained in June 1997 in Irkutsk province.
Upon arrival at the police station, he and others arrested with him were
allegedly beaten by police and had tear gas sprayed in their eyes. He was
reportedly released the following day, but later detained on 19 Nover er 1997.
He was allegedly beaten with a night stick on the back and kidneys and compelled
to write a confession. He was reportedly detained for four months and then
released.
902. Dmitri, Ivan and Alexander Koriagin, three brothers, were reportedly
tortured by suspension until they lost consciousness while in police custody in
Pereslavl'—Zaleeskii. The three brothers were reportedly detained in a state of
intoxication on 3 August 1997. All three were allegedly beaten with nightsticks
at the police precinct and had tear gas sprayed in their eyes.
903. Vitalii Kovalev was reportedly detained by police on 5 August 1997 in a
city in western Russia. He was allegedly taken to the third floor of the police
station and was told to confess to a group robbery of a computer firm. Police
officers reportedly stated that they would “play soccer” with him until he
remembered how everything happened. Police officers subsequently allegedly beat
him and subjected him to electroshock so that he “flew around the room like a
soccer ball”. The police reportedly demanded that he confess to a series of
crimes. He reportedly jumped from a window on the third floor. He suffered four
fractures of his spinal cord and is now a paraplegic. When his parents attempted
to lodge a complaint with the Procurator's office, the response was a veiled
threat that Kovalev's status would be changed from a witness in the case to a
suspect. The family therefore decided to not file a complaint.
904. Sergei Samsonov was reportedly requested by two policemen to accompany
them to the police station in Sergiev Posad on 5 March 1998. The police
allegedly held him at the station overnight and took him to court the next day.
He was reportedly sentenced to 10 days of administrative arrest for petty
hooliganism. After 10 days, during which he was allegedly tortured, he was taken
to the pre—trial detention centre on suspicion of murder.
905. Andrei Getsko was reportedly arrested at his apartment in Bratsk on
30 Septer er 1994 on suspicion of armed robbery. Police allegedly detained him
by shooting him in the foot. He was allegedly beaten by police on the way to the
Central Hospital in Bratsk, where he was taken for treatment. Police allegedly
continued to beat him in an elevator at the hospital. The incident was
reportedly witnessed by several doctors of the hospital. He was reportedly taken
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from the hospital soon after the operation on his foot, despite a doctor's
instructions that he remain there. While he was waiting for the police car to
arrive outside the hospital, the police allegedly kicked him in his injured
foot. On arrival later that night at the police station, the police allegedly
continued to beat him. He eventually wrote a confession, reportedly fearing that
he would be killed or crippled. On 16 September 1997, he was reportedly released
on bail and in 1999, all charges were dropped against him. Criminal proceedings
were reportedly instituted against the police officers on 20 March 1998, after
several doctors reportedly testified in court what they had witnessed in the
elevator at the hospital. Criminal proceedings against the police officers were
dropped by the Procuracy in early 1999. However no grounds were given for
doing so.
906. Vasiliy Rakovich, a prominent human rights lawyer and Chairman of the
Krasnodar Regional Association for Human Rights, was reportedly attacked and
beaten on 23 October 1998. He was reportedly attacked on the street during the
lunch break of the Vasiliy Chaikin case court hearing on 23 October in Stanitsa
Leningradskaya in the Krasnodor region, by two men in civilian clothes who
carried a baseball bat and a brick. He was allegedly beaten for having brought a
case against a criminal investigator in the Office of the Procurator for
Leningradsky district of Krasnodor region and the chief investigator in the
Vasiliy Chaikin case. As a result of the beating that took place on 23 October,
he was hospitalized with severe head and body injuries.
Observations
907. The Special Rapporteur continues to regret that the recommendations he
made in the report on his 1994 visit aimed at alleviating radically the
torturous conditions caused by gross overcrowding in pre—trial detention centres
have not been acted upon.
Rw and a
ReQular communications and replies received
908. By letter dated 3 September 1999, the Special Rapporteur reminded the
Government of a number of cases which he had transmitted in 1998 without having
received a reply.
UrQent a inieals and replies received
909. On 15 February 1999, the Special Rapporteur sent an urgent appeal on
behalf of Ignace Kanyabugoyi who reportedly “disappeared” from Kigali on
21 August 1998. Two days later, armed soldiers are said to have searched his
house in which they allegedly found a weapon. They are reported to have taken
his wife to the gendarmerie post in Nyamirambo to question her, in particular
about her husband's political activities. Shortly after his “disappearance”,
Ignace Kanyabugoyi's car was reportedly found at the Military Intelligence
Directorate, which suggested that he was being held there. Nevertheless, his
family's efforts to locate him were unsuccessful until the beginning of February
1999, when it was learned that he was being detained in a psychiatric
institution at Ndera, in the commune of Rubungo, prefecture of Kigali Rural. He
was said to be suffering from a depressive disorder. It is alleged that the
authorities concerned had nevertheless denied that he was there and prevented
his family from meeting him.
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910. On 16 August 1999, the Special Rapporteur sent an urgent appeal on behalf
of Epiphanie Uwitakiye and Blaise Barankoreho and his wife Suzanne. The two
women were said to have been arrested by a group of people on 6 August 1999 when
they were trying to reclaim their houses in the Nyamirambo district of Kigali.
They were reportedly hit and injured in the course of being arrested. They were
currently being held at the NyamirarcJDo police station. The husband of Epiphanie,
Félicien Gasana, is reported to have died on 9 August 1999 in the Kigali
hospital centre as a result of blows received at the time of his arrest.
Saudi Arabia
Follow—un to previously transmitted corimunications
911. By letter dated 6 July 1998 the Government responded to a joint urgent
appeal sent with the Chairman-Rapporteur of the Working Group on arbitrary
detention on 10 June 1998 on behalf of Farzana Kauzar and her family. By letters
dated 5 and 11 March 1999, the Government informed the Special Rapporteur that
those letters was also intended to be a reply to the concerns raised by the
Special Rapporteur. The Government reassured the Special Rapporteur that all
persons deprived of their liberty are well treated.
Sene Qal
ReQular communications and replies received
912. By letter dated 3 September 1999, the Special Rapporteur informed the
Government that he had received information on the following case.
913. Anguiling Diabone, the regional representative of the human rights
organization Rencontre africaine pour la defense des droits de l'homme , in
Casmance, was reportedly arrested on 1 October 1998 at a military checkpoint
40 km from Ziguinchor. He is said to have been detained by soldiers for several
hours and beaten and criticized for his activities on behalf of human rights in
the context of the conflict in Casamance. He was allegedly left in the sun with
his hands and feet tied and viciously kicked for several hours. He is also said
to have been threatened with death with a dagger. On 6 October, his wife, two of
his sons and a nephew were allegedly threatened at the same place.
914. By letter dated 8 Nover er 1999, the Special Rapporteur reminded the
Government of a number of cases which he had transmitted in Septer er 1998
without having received a reply.
Spain
ReQular communications and replies received
915. By letter dated 30 November 1999, the Special Rapporteur sent the
Government information on the following cases.
916. Garikoitz Mendioroz was reportedly arrested by the national police on
12 January 1999 and held incorimunicado for three days. During his detention he
was allegedly subjected to torture as a result of which he had to receive
treatment in a Navarro hospital. His relatives are said not to have been allowed
to see the medical reports. At the time of his arrest, Mr Mendioroz reportedly
received a blow to the head as a result of contact with a car. During the
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journey to a Pamplona police station he is said to have been threatened. It is
alleged that once at the police station he was handcuffed and slapped repeatedly
about the head. He is said to have been threatened with being shot if he did not
incriminate himself and an attempt was allegedly made to suffocate him with a
plastic bag. During the night he was apparently woken up every time he fell
asleep. The interrogations, threats and blows with fists and a hard object, as
well as the plastic bag over the head, are said to have continued the next day.
He was also reportedly threatened with being thrown out of the window. Later, he
was taken to hospital and brought to Madrid.
917. Mikel Azumendi Penagarikano was arrested in Seville on 21 March 1998 by
the Guardia Civil and is currently in the Madrid—2 prison (Alcalá de Henares)
Mr Azumendi has alleged that during his detention he was subjected to ill-
treatment and torture which involved being stamped on and kicked, blows to the
ribs, head and testicles, electrodes on the penis, stomach and chest, mock
executions, being prevented from seeing, and threats to his family and his
partner Maite Pedrosa, who was also arrested. Since entering prison, Mr Azumendi
has reportedly been suffering from ankle pains which have prevented him from
engaging in any physical activity.
918. Nekane Txapartegi was arrested in the Guipüzcoa village of Tolosa on
9 March 1999 in the course of a police operation conducted by members of the
Guardia Civil from 513 command in Intxaurrondo. On the way to Madrid she
allegedly received blows to the head. She is said to have been taken into a
wood, threatened with a pistol pointed at her head and had her feet tied
together with insulating tape and rope. She was then put back in the vehicle
which continued on its way. On several occasions a bag was placed over her head
and tightened to cut off her air supply. Once in Madrid, she was reportedly
taken to a police station which could have been Tres Cantos. During the
interrogations to which she was subjected the “bag” torture and the blows,
especially to the head, are said to have continued. She was allegedly stripped,
bound hand and foot, and hit and beaten all over her body. On another occasion,
the officers are said to have threatened her with a pistol and one of them put
his fingers up her vagina. On 13 March she was taken to the National High Court
where she was reportedly seen by the court medical officer. Nekane Txapartegi
then reportedly made a statement before the judge of Central Court of
Investigation No. 3 of the National High Court, who ordered that she be detained
incommunicado. She is currently in the Soto del Real Penitentiary Centre in
Madrid province.
919. Mikel Egibar Mitxelena was reportedly arrested by mer ers of the Guardia
Civil on 10 March 1999 in circumstances similar to those described in connection
with the case of Nekane Txapartegi. After being taken to the General Directorate
of the Guardia Civil in Madrid, he is said to have been subjected to
interrogations during the course of which he received continuous blows,
especially to the head and testicles. After three days he was reportedly taken
to a hospital, at the suggestion of the police surgeon. Various examinations are
said to have been carried out, but he was not kept in the hospital. On 15 April
1999, in a written application to the San Sebastian Examining Court No. 1, he
requested that the medical reports drawn up during his detention be included in
the proceedings against him in Central Examining Court No. S of the National
High Court.
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920. Iker Bea, Asier Urrerstarazu, Ismael Fakhri and Ricardo Penafiel have
lodged a complaint before a judge of the National High Court alleging that they
were subjected to torture and ill—treatment while being held incorimunicado.
921. Iker Bea complained of having been tortured from the moment he was
arrested on 2 February 1999. Reportedly, he received blows all over his body and
was later taken by a group of police officers who “worked him over” with
alternating kicks and punches and subjected him to the “bag” torture. The
torture of which he complains is said to have been accompanied by death threats,
and a policeman is alleged to have pushed a pistol into his mouth to make him
incriminate himself. Iker Bea reportedly signed a police statement acknowledging
his participation in an alleged offence committed on 25 January 1998, although
on that day he was being detained on other grounds (he was reportedly in pre-
trial detention from 29 August 1997 to 13 March 1998)
922. Asier Urrestarazu complained of being subjected to endless psychological
pressure and abuse. Ismael Fakhri and Ricardo Penafiel allegedly received
numerous blows to the testicles and Fakhri also complained that the officers had
taken advantage of the fact that he had a weak leg and had to use crutches in
order to torment him. In addition, he is said to have been threatened with the
expulsion of his father, a Moroccan immigrant settled in Tolosa.
923. Iker Bea and Ismael Fakhri were admitted to Alcalá Meco prison. Asier
Urrestarazu and Ricardo Penafiel were released on bail on 4 February 1999.
924. José Ignacio Armendáriz Izaguirre was arrested at his home in Pamplona on
27 March 1998 and later taken to Madrid, where he appeared before a judge on
30 March 1998 and was detained pending trial. At the Pamplona Guardia Civil
headquarters, he was allegedly subjected to various forms of torture, such as
blows to the back of the head and frequent use of the “bag”. The torture is said
to have been accompanied by threats. In Madrid, he was reportedly examined by a
police surgeon, to whom he did not dare mention the treatment he had undergone,
and then taken, handcuffed and with his face covered, to a hospital where tests
were carried out. Back at the detention centre, the threats allegedly continued,
together with the blows and the attempts at suffocation. At one point, he is
supposed to have deliberately injured himself and been seen by the prison
doctor. The perpetrators were allegedly the same Guardia Civil mer ers from
Pamplona.
925. Peio de Vega Martin was reportedly arrested at his home in Portugalete,
Bilbao, on 27 January 1998 by mer ers of the Guardia Civil. It is alleged that
in the course of the interrogations which he underwent in the next few days he
received blows to various parts of the body, especially the head and testicles,
the “bag” was placed over his head and threats were made to harm his pregnant
wife. He was admitted to Carabanchel prison (Madrid—i) on 31 January 1998 and
transferred to Soto del Real prison on 1 June 1998. The medical service at
Carabanchel noted that de Vega had a haematoma on the forehead and a perforated
eardrum, as well as pain in the right testicle which needed to be examined by a
specialist.
Follow—un to previously transmitted corimunications
926. By letter dated 3 Nover er 1998, the Special Rapporteur corimunicated to
the Government information concerning possible cases of torture in Spain. By
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letters dated 8 Decer er and 22 December 1998, the Government responded to the
cases transmitted as surimarized below.
927. Endika Leonardo Gonzalez was reportedly arrested on 21 November 1994 and
later tortured by mer ers of the Civil Guard (see E/CN.4/1999/61, para. 656).
According to the Government, the allegations of ill—treatment were investigated
in the proceedings before the Bilbao Examining Court No. 8 and decided by the
Provincial High Court of Bilbao in its judgement of 26 February 1998. The
Government's reply was accompanied by this judgement which is grounded on, among
other things, the provisions of the Convention against Torture. According to the
judgement, the detainee received medical attention from the moment he was first
arrested, when it was found that he was highly nervous but there were no signs
of violence. The day following his arrest he returned to receive medical
attention, with similar results. On the third day of detention he complained of
ill—treatment and was twice examined by a police surgeon who diagnosed a state
of anxiety and psychomotor agitation. The same afternoon, on 25 Nover er 1994,
he was admitted to Madrid—i prison, where a medical examination revealed no sign
of injuries. That day he was released and on arriving in Bilbao went to the
hospital where his nervousness was again noted and the diagnosis was “general
malaise”. In the judgement which decided the case, it was established without
doubt that there were no external physical injuries and that the detainee was in
a state of high anxiety. Two forensic medical examiners agreed that the state of
nervousness was a stress syndrome due to generalized non—post—traumatic anxiety
consistent with detention and solitary confinement. The accused were therefore
acquitted. The plaintiff could have applied for a judicial review of the
verdict, but he did not.
928. Utzi Garcia Monterio was reportedly threatened, on 23 April 1998, in the
Provincial High Court of San Sebastian by an agent of the Ertzainza (Autonomous
Basque Police) . He was allegedly tortured in Guipüzcoa by a mer er of the
Ertzainza (see E/CN.4/1999/61, para. 657) . The Government replied to this case,
enclosing various documents such as the report of the Autonomous Basque Police,
the national police report, the relevant court decisions, the records of the
police inquiries and the judicial proceedings before the National High Court. On
the basis of these documents, the Government reported that the Examining Court
No. 5 of San Sebastian had ruled that the case be shelved without Garcia
Monterio having appealed against that decision. With regard to the alleged ill—
treatment, it noted that he had had a medical examination on the day of his
arrest. He had been held incorimunicado by order of the court for two days. On
21 November 1996, he was again examined by a police surgeon whom he told that he
had been treated properly. No injury that might have been caused by ill-
treatment was detected. That same afternoon he complained of ill—treatment to
the judge, saying that he had not mentioned it to the police surgeon for fear of
further ill-treatment during his stay in the cells of the National High Court.
That same day, Garcia Monterio appointed as many as ii lawyers to defend him,
all of whom were accepted by the judge. None of these freely appointed lawyers
complained of ill—treatment, appealed or objected nor did they criticize the
Central Examining Magistrate for not having conducted an investigation for ill-
treatment.
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Sri Lanka
ReQular communications and replies received
929. By letter dated 15 November 1999, the Special Rapporteur informed the
Government that he continued to receive information on the practice of torture
and other forms of ill—treatment, in particular in the context of the ongoing
armed conflict between the security forces and the Liberation Tigers of Tamil
Eelam (LTTE) . As in previous years, the Special Rapporteur has received
information that persons arrested on suspicion of being members or sympathizers
of the LTTE are reportedly tortured, in particular in the north and east of the
country and in Colombo. There is a continuing use of unauthorized places of
detention, especially in the Jaffna peninsula and Vavuniya, which is believed to
be a factor facilitating torture. The People's Liberation Organization of Tamil
Eelam (PLOTE) is reported to run such places of detention, where torture is
allegedly routinely practised with the tacit approval of mer ers of the army and
the police, who are said to regularly visit those camps. Elements within the
security forces are reportedly helping these paramilitary groups to protect the
secrecy of their camps and the torture taking place there. Prisoners held there
are allegedly beaten, administered electric shocks, have petrol poured on their
back and lit, and are bitten by dogs on their private parts.
930. Torture of common criminal suspects and people taken into custody in a
non—political context is reportedly widely practised, in order to extract
confessions from suspects in theft and other criminal cases. The Evidence
Ordinance nevertheless contains strong provisions to prevent the extraction of
confessions under torture, since it makes them inadmissible in courts. The
Supreme Court is said to have awarded compensation to people arrested on
suspicion of petty crimes who were subsequently tortured by the police in
several cases. It is alleged that members of the public often approach local
police officers to intervene in their disputes with neighbours, business rivals,
family members or tenants. Many persons arrested in that context are said to
have been subsequently tortured.
931. Furthermore, the Special Rapporteur has received information according to
which corporal punishments continue to be imposed by courts, including on
juveniles. Section 52 of the Penal Code reportedly lists whipping as a
punishment to which offenders are liable under the Code. It is explicitly
provided for as an additional punishment for theft of, among other things,
vegetables and fruits. Section 29.1 of the Children and Young Persons Ordinance
1939 allows whipping to be imposed as a form of punishment by magistrate's
courts on male children, as an additional punishment for certain offences. Cases
have been reported.
932. Finally, according to the information received, despite the long—term
existence of legislation to punish torture, and the enactment of the Torture Act
in 1995, this violation is reported to be still committed with impunity. No one
has reportedly been convicted in relation to the crime of torture in Sri Lanka.
Seven indictments are nevertheless said to be currently before the High Courts,
arising from eight judgments by the Supreme Court during 1997 and 1998 where the
Court had found police officers had been responsible for torture, had awarded
compensation and had recommended further investigations. But it is reported that
the Supreme Court has expressed its frustration at the lack of follow-up by the
relevant authorities to the Supreme Court's recommendation for further
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investigations and appropriate action against members of the security forces
involved in acts of torture.
933. The Special Rapporteur transmitted to the Government information on the
individual cases summarized below.
934. Weerage Buddhika Weerasinghe was reportedly arrested on suspicion of
robbery in May 1996 and allegedly tortured at Pannala police station by being
suspended over a rice pounder and hit repeatedly with a hosepipe while being
forced to confess. The police in their statements to the court are reported to
have denied that he had been tortured. The Supreme Court reportedly awarded
compensation to him in a judgment of 31 October 1997.
935. Sinnarasa Anthonymala, a 17—year—old girl from Jaffna, was reportedly
shot in the thigh by the Navy while travelling on a boat to India on 16 July
1995. Rescued by the Navy, she was reportedly taken to the Kankesanthurai navy
camp, where she was allegedly stripped of her clothing and tortured by being
struck on the head with an iron rod, for which she needed stitches. She was also
allegedly handcuffed at the ankles and suspended upside down from a window bar,
electric wires were applied on her body, and she was burnt with cigarettes and
heated metal rods. On 28 August 1995, she was allegedly transferred to the
Criminal Investigation Department (CID) , where she was reportedly cut on the
back of her neck, hit on the mouth and hit on her left leg with a piece of wood.
After a month she was allegedly forced to sign seven statements typed in
Sinhala. She was then reportedly transferred to the Welikada prison. After three
months at the Welikada prison, a bullet was removed from her thigh by the prison
hospital authorities. On 27 June 1997, she appeared in court. On her body the
examining medical officer reportedly found a nur er of irregular marks and scars
that corroborated all of her testimony of being tortured.
936. Anura Sampath was reportedly taken on 30 December 1998 to the Moratuwa
police station and beaten by police officers. The following day, his family was
eventually informed by the officer-in-charge that he was dead. They reportedly
found his body at the Kalubovilla Hospital. A cost mortem inquiry reportedly
found that he died from 24 internal injuries, probably caused by assault. The
police reportedly stated, however, that he had died after allegedly jumping from
the police jeep.
937. Sathasivam Sanjeevan died in police custody allegedly as a result of
torture. He was reportedly arrested during a police search operation on
13 October 1998 in Paandiruppu and detained at the Almunai police station, where
he was allegedly tortured. On 17 October 1998, the family reportedly went to the
Amparai police station and then to the Government Hospital where they were
informed that their son had been killed in an armed confrontation with the LTTE
when he was being transferred to the Amparai station. A deep cut along his chest
had reportedly been stitched up, his tongue severed and stitched together, and
there were injuries on his head and hip. A second post—mortem inquiry ordered by
the local magistrate confirmed signs of injuries by blunt weapons inflicted
before the shooting. The second magisterial inquiry was still continuing.
938. Gopalaratnam Thananjeyan was reportedly arrested in Colombo on 22 August
1998. He was allegedly detained and tortured on the first floor of the
Peliyagoda police station for four hours. During his detention he was reportedly
beaten. His hands and feet were then allegedly tied and he was suspended from a
pipe passed under his knees. While he was in this position, the police
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reportedly beat the soles of his feet, legs and back. He is said to have been
brought before the Assistant Superintendent of Police (ASP) and vomited. The ASP
ordered that he be taken to the hospital and he stayed there until 24 August
1998, when he was taken back to the Peliyagoda police station. He was reportedly
released on bail in early January 1999, and is currently awaiting charges.
939. Kumaru Selvaratnam was reportedly arrested in early March 1997 on
suspicion of being involved with the LTTE. During the first eight days of his
detention at the Slave Island police station in Columbo, he was beaten with a
broom stick. He had allegedly been kicked and trampled on to such an extent that
his testicles needed to be surgically removed. The Supreme Court reportedly
awarded him 100,000 rupees compensation.
940. Suppu Udayakumar, Pichchamuththu Chandran, Arunasalam Yogeswaran,
Solamuththu Loganathan, Ponnaiah Saravanakumar and Samimuththu Benedict were
reportedly arrested in the first two weeks of June 1998 on suspicion of having
participated in the bombing of the Shannon tea factory. They were allegedly
arrested because of their involvement with the Socialist Equality Party.
Confessions were reportedly extracted from them under torture. All are said to
be currently detained at the Bogambara Prison in Kandy. The Special Rapporteur
has received detailed information on each of these cases which was transmitted
to the Government.
941. T. Ranjani was allegedly arrested on 26 November 1997 in Color o and
tortured by police officers at the Cinnamon Gardens police station. She was
reportedly examined by the Judicial Medical Officer (JMO) who found that she had
seven injuries and that they were consistent with her allegation that she was
hit with a PVC pipe and with sticks.
942. Muthuthamby Vanitha was reportedly arrested on 19 November 1998 by the
Kotahena police in Color o. She allegedly attempted to seek asylum in France,
from where she was deported back to Sri Lanka in early October and detained for
one week, during which she was allegedly beaten with iron pipes on her stomach
and not allowed to use the bathroom. She was examined by a JMO who is said to
have found evidence of torture. She is currently at the Welikade women's prison,
where she is reportedly receiving medical treatment but is still allegedly
suffering from the aftereffects of torture.
943. Periyathamby Subramaniam was reportedly taken into custody on 8 June
1997, by the “Razeek Group”, a group which is described as being affiliated to
the Eelam People's Revolutionary Liberation Front. He was allegedly burnt,
beaten with a wooden rod, burnt on his penis with a cigarette butt, nearly
suffocated with a bag containing chilli powder and petrol, pricked with pins on
his body, and stabbed with a knife on his shoulder. He was reportedly
transferred to Patpodi army camp where melted polythene wax was allegedly poured
over his legs and one of his finger nails was removed with pliers. He was also
reportedly tortured in the Counter Subversive Unit of the police in Batticaloa.
According to the JMO report of 29 September 1998 submitted to the Supreme Court,
he showed injuries consistent with his allegation of having been severely
tortured. His fundamental rights petition was reportedly pending before the
Supreme Court and he is said to be facing a trial before the Batticaloa High
Court under the Prevention of Terrorism Act.
944. Thirty-five young men and women were reportedly taken into custody during
a round-up by the army from Manipay on 2 January 1997. They were allegedly
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detained at the Thavady camp, where they were interrogated about their identity.
On the third day of their detention, three soldiers were reportedly killed in an
ambush by the LTTE. The soldiers at the camp allegedly started beating the
detainees with poles, cricket bats and electric wire. Plastic bags filled with
gasoline and ants were allegedly placed over the detainees' heads. On the fourth
day of their detention, they were reportedly transferred to Manipay army camp
where some complained to the commanding officer about the torture. Later that
night, soldiers allegedly came to beat them. Male detainees were allegedly hung
upside down by their toes and made to inhale chilli fumes that were being burned
under the ropes. They were also allegedly beaten with PVC pipes and wire, and
were subjected to electric shocks. Nails are said to have been driven into their
hands and feet.
945. Kanapathipillai Sasikumar was reportedly arrested on 3 April 1997, and
detained at a tower behind the Indian High Commission, which is said to be a
“safe house” used by mer ers of the army. He was allegedly stripped naked, had a
bag with gasoline and chili powder pulled over his head and tied to his neck,
and was tied to a chair. He was reportedly beaten all over his body with broken
legs of tables and chairs and with PVC pipes filled with concrete. His hands
were allegedly tied behind his back and he was suspended from a ceiling fan by a
nylon thread attached to his thur s. He was allegedly administered electric
shocks. On 5 April, he was reportedly handed over to the Crime Detection Bureau.
A doctor at Nagoda government hospital recommended surgery to his penis, but up
to October 1998, the authorities at Kalutara prison, where he is detained, are
believed to have not acted accordingly.
946. Bathatha Jayatunga Gamage Malsha Kumari, a 14—year—old girl, was
reportedly tortured by police at Hungama in September 1995. She was allegedly
hung by her wrists from a tree in an effort to make her confess to theft. While
she was in this position, she was reportedly beaten with rubber hoses and sticks
on her heels and all over her body by four police men. She allegedly was awarded
a large sum of money by the Supreme Court to compensate for her ill—treatment.
After a lawyer filed a petition to the Supreme Court on her behalf in November
1995, local police officers are said to have tried to persuade her family to
withdraw the case.
947. K. A. Sisira Kumara was reportedly arrested on suspicion of having stolen
a car radio on 7 December 1998. He was allegedly tortured by four officers of
the Sapugaskanda police station by being beaten all over his body. His hands
were allegedly tied behind his back, his fingers attached to a thread, and then
attached to a rope. He was allegedly hung from a rope by his hands and fingers.
From this position he was allegedly swung around the room by officers pulling
his hair. He was then reportedly beaten with a thick white-coloured pole. He was
reportedly released and admitted to the Color o General Hospital and received
treatment for 14 days.
948. Pradeep Kumar Dharmaratne, a reporter for the Dinamina newspaper, was
reportedly arrested in February 1998 for exposing the illicit liquor trade in
the area and then criticizing the police for their inaction. He was allegedly
struck in the abdomen and face by the police in Aranayake. The Supreme Court
reportedly awarded him 60,000 rupees in compensation for his ill—treatment.
949. Velusamy Baskaran, Neelian Yogesan, Vadivel Kanagaratnam and Somasundaram
Shanmugarajah, four members of the Tamil Traders Association at Nuwara Eliya,
were reportedly arrested in mid—November 1998 and tortured during their
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detention. They were reportedly transferred from the police station to the
Counter Subversive Unit office where they were severely beaten.
950. Michaelpillai Robert Wellington died allegedly as a result of torture
while in army custody at Point Pedro army camp. He was reportedly arrested on
20 July 1998 and beaten. He was allegedly dragged by five soldiers to the army
camp and by the next morning was dead. His body is said to have showed marks of
severe beatings and knife marks across his entire body, and his hands were
broken. His body had six gunshot wounds, allegedly inflicted after his death.
951. Vythilingam Thiruchelvam was reportedly arrested on 31 October 1997 by
mer ers of the armed forces at Sudalaiady junction. His hands were allegedly
tied up with a rope and he was taken to Uruthirapuram, where he was forced to
jump into a latrine. He is said to have received gunshots while in the latrine.
A friend of his, Shanmugasuntharam, was allegedly shot dead. The latrine was
reportedly then closed. After two days in the latrine, Vythilingam Thiruchelvam
was reportedly able to escape.
952. Kanthasamy Kalanithy, a Tamil woman, was reportedly arrested on 25 June
1998 by the army chief of the Mirusuvil army camp, who is said to have wanted to
force her to marry one of the Sinhalese soldiers. She allegedly had to stand in
front of 10 soldiers, but refused to choose one. She was allegedly gang—raped
and then killed. The soldiers refused to hand over her body for examination and
they have allegedly attempted to threaten her parents into silence.
953. Vallipuram Suganthi, a 15—year—old Tamil woman, was reportedly arrested
on 10 July 1997 by 12 police officers and taken to Wellawatte police station
where it is reported that she was severely beaten. She was also allegedly
threatened with rape if she did not sign a statement about her involvement with
the LTTE, which she eventually did. On 25 July 1997, she was reportedly
transferred to the Crime Division Bureau, where she was allegedly beaten with a
wooden stick on the head three times and was then threatened with being killed.
After her release, she is reported to have undergone medical treatment at the
Family Rehabilitation Centre of Colombo.
954. Thambirajah Kamalathasan was one of 192 Sri Lankan asylum seekers who
were reportedly arrested on 15 July 1998 and held in detention for several weeks
after they were returned to Sri Lanka from Senegal. He was allegedly tortured
for several days at the Pettah police station. He was allegedly hit with a rod,
had chilli powder rubbed into his eyes, and his genitals were squeezed. He was
reportedly transferred to the Terrorist Investigation Department on 21 July
1998, and was reportedly held on the 6th floor. During that time his relatives
were allegedly not allowed to see him. He reportedly appeared before the
magistrate in Colombo on 6 August and was placed in judicial custody at the
Colombo Remand Prison where his family reportedly had access to him mid-August
1998. It is said that he was visited by delegates of the International Committee
of the Red Cross who provided him with medical treatment. No investigation into
reports of his torture at Pettah police station is known to have been initiated.
955. Moothathambi Vanitha was reportedly deported around 1 October 1998 after
attempting to go to France. She was reportedly released after paying a fine. On
19 November 1998, she was allegedly re—arrested by the Kotahena police without
being told the charges against her. She was allegedly hit in the lower abdomen,
hands and legs with iron pipes. The police denied any form of ill—treatment.
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956. Kanapathipillai Navaratam was allegedly detained and tortured with her
husband. They were reportedly arrested on 9 August 1997, when they were fishing
in the Thalayady Sea. They were allegedly beaten with batons and electric wires.
They were then reportedly transferred to the Navy camp at Trincomalee, where
they were beaten by at least 10 Navy personnel. When they became unconscious due
to the beatings they were reportedly given to the police. They were then
reportedly interrogated for 17 days at police headquarters. They were allegedly
hung upside down and beaten with batons, had salt water poured on them and were
sprayed with chilli fumes over their wounds. They were reportedly then
transferred to Poose detention camp and kept there for 10 months, during which
time they were allegedly tortured continuously. After appearing in court, they
were released under a general amnesty 21 days later from the Kagasean detention
camp.
957. Mahalingam Mahenthiren was reportedly arrested on 20 July 1992, when he
was fired upon by the Sri Lankan Navy. He was reportedly taken to Trincomalee to
be detained at the CID for two months. He was allegedly hung by his thur s with
rope. Gasoline was allegedly injected into his nose and his head was covered
with a polythene bag and was beaten. He was allegedly detained for three months
and was released by court order at Princomales. He was reportedly arrested under
the Prevention of Terrorism Act. He reportedly had chest and back pain and was
unable to work.
958. Veeraputhiran—Thevy fled to Paranthan when the Sri Lankan forces
reportedly entered the Vadamaradchy area, and then to Mallavi. While en route
from Vavunia, she was reportedly beaten by women police on 24 September 1998.
She was allegedly hit on the hip, thigh and cheek with iron bars.
959. Krishanthy Kumarasamy, a Tamil, was allegedly raped by army and military
officials at a checkpoint in Cherimani. Her mother Rasamma, her 16—year—old
brother, Piranapan, and her neighbour, Kirupaharan Sithamparam, went to the
Kaithady armycheck post that afternoon, asking for information on her. The
soldiers allegedly denied any knowledge of her. When the mother refused to leave
without her daughter the three of them were placed in army custody and on that
night, they were allegedly strangled to death with rope. They were reportedly
all buried in a shallow grave. On 24 October 1996, their decomposed bodies were
allegedly brought to Colombo by plane. Her family allegedly received death
threats several times from the Sri Lankan armed forces. Somaratne Rajapakse, one
of the six members of the security forces who were found guilty of the rape,
abduction and murder of the above—mentioned persons and were reportedly
sentenced to death in July 1998 by the Colombo High Court, is said to have been
assaulted by Welikade Prison guards on 23 August 1998. He reportedly sustained
injuries to his mouth, below his left eye and his chest. He was subsequently
visited at the hospital by one of the attackers, who is reported to have
threatened him not to talk about the incident. During the trial, he reportedly
revealed to the court that 300 to 400 other bodies were also buried at Chemmani,
Jaffna district, where the body of Krishanthy Kumarasamy had been discovered.
The attack on Somaratne Rajapakse is believed to have resulted from his refusal
to sign a written statement, allegedly on the order of a Minister, to the effect
that he had been emotionally disturbed at the time he made the statement to the
High Court about the mass graves and that it had been untrue.
960. 5. Selvarani, a deaf and dumb girl, was reportedly raped on 16 March
1998. She was allegedly riding her bicycle to visit a friend when she was
stopped at the Meesalal checkpoint in Chavakachcheri. She was reportedly bound
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and gagged and then gang raped by several Sinhala soldiers. When she returned
home she attempted to kill herself by dousing herself in kerosene and setting
herself on fire. The authorities are said not to have taken any action regarding
this case.
961. Ehamparam Damayanthi, a 15—year—old girl, was allegedly tortured and
sexually assaulted by soldiers at the Patpodi army camp in February 1997. She
was allegedly kicked, hit with clubs, had gasoline poured over her face, and was
submerged in water. Soldiers also reportedly pinched her buttocks, touched her
breasts and asked indecent questions. On 15 January 1998, the Supreme Court
awarded the maximum amount in compensation for a 15—year—old girl. The court
allegedly noted that the charges of torture were not denied by the soldiers. The
Batticaloa High Court found that the confession extracted due to torture was
inadmissible and she was therefore released in November 1998.
962. Selvaratnam Ravinsagar was reportedly arrested in Trincomalee on
1 February 1997 by the police. He was reportedly interrogated about a girl who
was accused of being a member of the LTTE. He was allegedly handcuffed and
beaten by three policemen on the soles of his feet with a wooden bar and a PVC
pipe. He was also allegedly hit under his chin with a hard shoe heel and a
petrol—filled bag was allegedly put over his head. He was reportedly constantly
interrogated about the above-mentioned girl, but he denied knowing her. He is
reported to have eventually admitted knowing that this girl was part of the
LTTE. After one week he was reportedly interrogated by a sub-inspector of the
Crime Detection Bureau (CDB) in Colombo, where he was asked to sign a new
statement. He allegedly refused and was beaten again with a wooden bar by the
sub—inspector and two sergeants. He was held in the CDB cells for one month,
during which time he was handcuffed in such a way that he was unable to lie
down. He was then reportedly held in a cell for four months and a half. On
8 July 1997, he was reportedly taken to the Magistrates' Court, where he was
advised by his lawyer to plea guilty to the charge of having withheld
information from the police, considering the fact that he had already signed a
statement. He was reportedly sentenced to 17 months' imprisonment and was
immediately transferred to New Magazine Prison. But, due to problems with Tamil
prisoners, he was eventually transferred to Kalutara Prison. He was reportedly
released on 5 December 1998 and is believed to be receiving medical and
psychological treatment.
963. Kandasamy Sri Ram was allegedly tortured by police at Mirihana police
station after his arrest on 25 August 1999. He was reportedly given bail on
15 Septer er. Police officers reportedly burnt his body with cigarette butts and
he was electrocuted. Pins are said to have been driven into his nails and an
iron rod was inserted into his anus. He has made complaints to the Human Rights
Corimission of Sri Lanka and the Committee to Inquire into Undue Harassment and
Arrest. The results of their investigations are not yet known. He is currently
receiving medical treatment for physical and psychological trauma.
964. Selvarajah Thenuka, a 10-year-old Tamil girl, from the village of
Pathameny, was allegedly gang raped by soldiers at Atchuvely, on 11 November
1996. She was reportedly brought to the Puttur V C army camp where she was
allegedly raped.
965. Srilal Priyantha, a journalist working for the Lakbima , an independent
Sinhala—language newspaper, was reportedly arrested on 14 May 1999. He was
reportedly accused of the murder of five individuals in the southern uprising of
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1989 and 1990 and of having concealed his identity. He reportedly had in fact
written articles which exposed the corruption and abuse of power of the security
forces. After his arrest, he was reportedly tortured by members of the CID.
During his interrogation he was allegedly stripped naked and severely assaulted
by police officers. On 14 June 1999, he was reportedly admitted to the Color o
National Hospital to be treated for injuries allegedly sustained during his
detention.
966. Pasupathipillai Yogendran was reportedly arrested by the army at Vavuniya
on 27 October 1996. He was reportedly taken to the Joseph camp where he was
detained for three days. He was allegedly hung with a rope by his ankles and
suspended upside down from a tree and beaten with sticks, fists, and wire. The
JMO in Color o found supporting evidence that he had been beaten with an iron
pipe and a square shaped wooden rod. A shopping bag filled with gasoline is said
to have been put on his head in order to make his breathing difficult. On
29 October 1996, he was transferred to Vavuniya and allegedly beaten with sticks
and fists, cut with a knife and his toe crushed. On 25 Nover er 1996, he
appeared in court and was then transferred to Anurhadapura prison. On
23 December 1996, he was taken to Kalutara prison, where the examining officer
reportedly found a number of irregular marks on his body, especially on his
upper chest and abdomen, arms and legs.
967. Kalimuthu Salvarajah was reportedly arrested on 10 July 1995 by officers
of the Crime Detection Bureau (CDB) . For five days, he was detained at CDB
headquarters, where he was reportedly assaulted by CDB officers. He was
reportedly cut with a blade and suffocated with a bag of gasoline which was
placed over his head. He was reportedly examined by the office of the JMO in
Colombo on 17 December 1997. The examining officer reported that many scars over
his body were consistent with his allegations. He is said to still be
experiencing chronic headaches and reduced movement of his right thur . He is
reportedly being detained at the Kalutara Remand Prison.
968. Luis Rama was reportedly detained on 20 July 1995 by the Sri Lankan Navy
for two months. She was then allegedly transferred to the Magazine Prison where
she was reportedly suspended by the ankles, cut with blades, burnt with
cigarettes and had a bag put over her head. She reportedly had linear scars over
her chest and legs, ranging from two to seven inches in length. She reportedly
had multiple cigarette burn marks on her left breast, knee, back, and elbow. She
was reportedly examined by the office of the JMO in Color o on 17 May 1997.
969. Sivalingam Kajenthiran, a deaf and dur man, was reportedly tortured and
killed by soldiers. He was allegedly arrested by Sri Lankan soldiers out of
suspicion that he was a LTTE spy.
970. Rasanayakam Uthayakumar was reportedly arrested by the Sri Lankan army at
Nayanmarkaddu, on 23 October 1998. He was reportedly interrogated at the Gnanams
hotel army camp in Jaffna town. On 27 October 1998, his wife was told that her
husband was already dead when his body was brought to the Jaffna hospital by the
army. The body reportedly showed signs of abuse, including marks on his left
foot and right hand, which indicated that he had been tied in chains.
971. Sivam Ashokumar was reportedly arrested by the PLOTE on 24 January 1999,
while he was working along the roadside, and was driven away in a minibus. He
was reportedly brought to Vairapuliyankulam PLOTE camp on 24 January 1999, and
transferred that day to Kovikulam PLOTE camp. He was reportedly chained for
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26 days and beaten on the chest, legs and hands with a pole and electric wire.
He was reportedly released on 4 March 1999.
972. Arumugam Pakkiri, alias Jeya, and Christie White were reportedly detained
on 7 February 1999, by members of the PLOTE. They were allegedly taken to the
Kovikulam Junction PLOTE camp and kept there for 11 days. Arumugam Pakkiri is
said to have been so severely tortured while he was detained that he was unable
to walk at the time of his release. Christie White was also allegedly beaten.
They were both reportedly released on 18 February 1999.
973. Chandramalige Bernard Joseph Silva reportedly died at Kandana police
station on 22 February 1999. He had reportedly been arrested on 22 February by
officers of this police station and his dead body was reportedly handed over to
the Ragama hospital by these officers on the following morning. His family was
informed by the police that he had died of a heart attack and that he had been
taken to the hospital. The Deputy Inspector General of the area was asked to
undertake a proper inquiry into the case. The preliminary report of the post-
mortem examination submitted by the JMO of Color o North Hospital reportedly
concluded that the deceased had sustained injuries due to repetitive, systematic
and selective blows from blunt weapons.
UrQent a inieals and replies received
974. On 8 March 1999, the Special Rapporteur sent a joint urgent appeal with
the Chairman of the Working Group on Enforced or Involuntary Disappearances on
behalf of Silvam Ashokumar who had reportedly been arrested from his home in
Vavuniya on 24 January 1999 by members of the PLOTE, and of Arumugam Pakkiri,
alias Ieya, who had reportedly been arrested on 7 February 1999 by members of
the PLOTE. Both were said to be have been arrested on suspicion of being LTTE
mer ers. They were reportedly held in incommunicado detention in an unknown
place.
Sudan
ReQular communications and replies received
975. By letter dated 29 November 1999 sent in conjunction with the Special
Rapporteur on the situation of human rights in the Sudan, the Special Rapporteur
advised the Government that he had received information on the following cases.
976. Mahjoub al—Zubair, Yahya Ali Abd'Allah, Nassur Mohamed Nassur, Kamil
Abd'al Wahab, al Shaikh Al Imam, Mahmoud Kharif and John Macam, all members of
the Executive Committee of the reportedly banned General Union of the Sudanese
Workers Federation, were allegedly arrested on 7 July 1998 by government
security forces. All were subjected to various forms of physical torture,
including beatings with plastic pipes and other instruments. They were allegedly
forced to stand in the mid—day sun without any shade or access to water, denied
food and washing facilities, hit on their faces and detained in small cells.
They were also allegedly subjected to various forms of psychological abuse,
including frequent death threats and threats of torture, as well as vicious
personal insults.
977. Daoud Al Dai and Osman Adlan were reportedly arrested from their homes in
Umbadda, Omdurman on 6 October 1998 on suspicion of working in collaboration
with the Israel Intelligence Unit, Mossad. Two days later, Mustafa Zaki Al
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Hakeem was reportedly arrested from his house in Burn, Khartoum for the same
reason. All three men were allegedly detained in the Special Operation Centre of
the government security forces, opposite the Arab Bank in central Khartoum.
Salah, Ahmed Youssif, Al Sir Attia and Amin Mohamed Ali were allegedly arrested
in Wad Medani, also on suspicion of working in collaboration with the Mossad.
They were reportedly transferred to the Special Operation Centre in Khartoum and
held with the other three men arrested in Khartoum. The six men were allegedly
detained together in cramped conditions, without ventilation, and were allegedly
subjected to various forms of torture, including electric shock treatment. They
were reportedly prevented from sleeping for two days, beaten with water hoses,
verbally abused and forced to sleep on concrete. All six were reportedly
released without being charged on 23 Nover er 1998.
978. Adam Issa Mohamed, a student at Omdurman Islamic University and member of
the student branch of the Ansar Order, was allegedly abducted from the
university hostel at Omdurman Islamic University on 21 March 1999 by eight
mer ers of the government security forces and National Islamic Front (NIF)
student militias. He was reportedly taken to a building behind the Mortgage Bank
in Omdurman, where he was subjected to torture. He was found unconscious in a
street later that day.
979. Ahmed Izzeldeen, a student at Omdurman Islamic University and mer er of
the student branch of the Ansar Order, was allegedly abducted in front of the
university hostel by 18 mer ers of the government security forces and a NIF
student militia group on 21 March 1999. He was reportedly blindfolded and taken
to an unknown destination, apparently in the desert west of Omdurman, where he
was allegedly subjected to torture and ill—treatment. He was reportedly left
unconscious near a sewage pipe in the Kafoury area in Khartoum North.
980. Abd Alla Abd Elrahman, Hanan Sahal, Umayma Noun, Sami Abdullah, Sahar
Ibrahim Khairy, Rihab Hassan Abdel Majid, Nuha Omar Khalifa, Umayma Mohamed
Osman, Ghandhi Ghris, Adley Anouar, Mohamed Abdeljabar, Kamil Tahar Mohamed
Nour, Khidir Hussein, Yasir Osman Hassanain, Safwait Jalal, Salim Osman Mohktar,
Nazar Abdalla Ibrahim, Mohamed Abdelkarim Yusif, Suhaib Mohktar, Houda Bukhari,
Nafesa Mohamed, Nadir Ahmed Rashid, Sas and Abdel Nasir Izeldin, all students,
were reportedly charged and sentenced to a flogging by the Public Order Court in
Khartoum on 14 June 1999, for their involvement in a picnic in a Bun town park
in Khartoum. The students were attending a picnic which had been organized by
the Nuba Students' Association at Ahliya University to welcome new students. The
organizers had reportedly obtained permission from both the University
Administration and the local council of Bun. The Public Order police allegedly
beat participants as they attempted to break up the picnic. The students were
reportedly charged under article 152 of the Criminal Code and convicted of the
crime of “committing indecent or immoral acts” and “wearing uniform which gave
annoyances to public feelings”. The Special Rapporteur on the situation of human
rights in the Sudan mentioned this case in his report to the General Assembly
(A/54/467, para. 120)
981. The Special Rapporteur on the situation of human rights in the Sudan had
already raised the following cases with the authorities during his February 1999
mission.
982. Mohamed Ahmed El Nour, Muaiwa Bushra and Ismail Ibrahim Babiker, three
student members of the Democratic Front, were allegedly abducted by security
forces on the afternoon of 1 December 1998 from the University of Juba. They
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were allegedly driven while blindfolded to the Sudanese Student Union building
in Al—Mugran, where they were beaten with water hoses, iron rods and the butts
of an AK 47 rifle. Mohamed Ahmed El-Nour was also reportedly burnt on the upper
part of his back and left shoulder several times.
983. Khalid Al Taher Mustafa, a student at Omdurman Ahlia University and a
mer er of the New Forces Movement (HAQ) , was allegedly taken by force by the
National Islamic Front (NIF) , a student militia group which is said to operate
under the protection of the government security forces, at the University of
Omdurman on 12 November 1998. He was reportedly driven to a hostel in Abu Kadak,
where he was allegedly subjected to various forms of torture, including electric
shocks and kicking. His eyes were reportedly gouged with wire, his face was
scratched with a sharp blade and the words “Islamic Movement” were tattooed on
his back. His head was also reportedly shaved.
984. Mohamed Nourain, Mohamed Rostom and Osama were allegedly arrested in
Septer er 1998 in Adariel, Eastern Sudan by Military Intelligence and National
Security Forces on charges of having been recruited to work for the opposition
intelligence service. Mohamed Rostom and Osama reportedly died under torture in
Adariel, while Mohamed Nourian was transferred to Khartoum for further
questioning. In October 1998, he was reportedly transferred to Burn Police
Hospital where he died of injuries inflicted by various methods of torture.
985. Ali Mirghani Ahmed, a lawyer, was reportedly arrested by government
security forces in early July 1998 and detained for one week. Throughout the
period of his detention, he was allegedly beaten on his body and face with water
hoses, forced to stand in an area with no shade in the midday sun, subjected to
psychological abuse, refused food and water and access to his family.
UrQent a inieals and replies received
986. On 22 January 1999, the Special Rapporteur sent an urgent appeal with the
Chairman-Rapporteur of the Working Group on Arbitrary Detention and the Special
Rapporteur on the promotion and protection of the right to freedom of opinion
and expression on behalf of Mohamed Mahjoub Mohamed Ali, a leading member of the
banned Sudan Communist Party. He had reportedly been arrested in Khartoum on
28 December 1998 and was held in incommunicado detention. He had reportedly been
arrested the day before an open memorandum was sent to President Omar Hassan
al—Bashir, signed by himself and 55 other leading members of the Sudanese
opposition.
987. On 2 February 1999, the Government replied that he had been arrested on
27 December 1998 on accusations of recruiting and inciting members of the
popular defence forces to attack their colleagues while conducting military
operations. The Government further stated that the investigation and detention
were both being carried out in accordance with the law and that the outcome of
the case would be conveyed in due course.
988. On 9 April 1999, the Special Rapporteur sent a joint urgent appeal with
the Chairman-Rapporteur of the Working Group on Arbitrary Detention and the
Special Rapporteurs on the independence of judges and lawyers and on the
situation of human rights in the Sudan on behalf of lawyers Ghazi Suliman,
Mohamed Elzeen El Mahi, Wagdi Salih, El Taieb Idris, Mohamed Abdulla El Nago,
Nasr El Din, Mamoon Faroug and Satia Mohamed El Hag. Forty lawyers had
reportedly been detained by members of the security forces on 7 April 1999 in
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Khartoum following a rally by mer ers of the Sudanese Bar Association. Several
persons were injured as a result of the beatings inflicted by the security
forces and some needed to be hospitalized. The above—mentioned nine lawyers were
arrested on charges of disturbing public order and were being held in an unknown
location.
989. The Government replied on 20 April 1999 that the nine lawyers were
criminally charged on 7 April 1999 for using force to enter the Bar Association
building. It further replied that Ghazi Suliman was sentenced to 15 days'
imprisonment and a fine of 50,000 Sudanese pounds on 8 April 1999. The
Government indicated that the criminal charges against the other eight lawyers
were dropped on 10 April 1999 and that the eight were released. The Government
further indicated that their right to physical and mental integrity has been
fully ensured throughout.
990. On 28 April 1999, the Special Rapporteur sent a joint urgent appeal with
the Chairman-Rapporteur of the Working Group on Arbitrary Detention and the
Special Rapporteur on extrajudicial, summary or arbitrary executions on behalf
of Father Hillary Boma Awul, Father Lino Sebit, Patrick Clestino Morajan,
Leoboldo Odirar Rahmatallah, Joseph Ashianf Langlang, Fuastino Awol Aduroc,
Hassan Abdallah Kenya Zinc, Rizig Ar rose Angoya, Faustino Awol Odong, Charles
Oling Dorimic, Gabriel Marong Deng, Babiker Fadlallah Abdalla, Kual Boi Beda,
Lual Lual Aciek, Mustafa Shamsoon Idris, Karkoun Nawek Daoul, Francis Mabjor,
Abdallah Col, Peter Kong, Hassan Abu Adhan, Louis Ojori, Joe Awet Dominic,
Khalid Yang and Garang Malek Bak, who had all reportedly been arrested on
29 July or 1 August 1998 in connection with bomb explosions in several civilian
installations near Khartoum on 20 June 1998. They were all been subsequently
charged with various offences and it was reported that they were now risking the
death penalty. They had been held in incorimunicado detention since their arrest
and allegedly subjected to torture and other forms of ill-treatment during
interrogation with a view of obtaining confessions to their involvement in the
borcJDings.
991. The Government replied on 1 and 6 May 1999 that Father Lino Sebit and
Father Hilary Boma were arrested in accordance with the law. The Government
stated that the two individuals were being treated in accordance with the law,
which guarantees the right of physical integrity and for persons not be subject
to any inhumane or other forms of degrading treatment. The Government further
replied that they have been given access to legal counsel of their choice and
had access to adequate medical care. The Government advised that the proceedings
had recently been stayed by the Constitutional Court in order to address an
objection raised by defence lawyers regarding civilians being tried in a
military court. No specific mention was made of the other individuals named in
the urgent appeal sent. The Government sent a further reply on 15 December 1999
informing the Special Rapporteur that on 6 Decer er 1999 the President pardoned
all the accused. The Government further replied that thereafter, the Minister of
Justice ordered their irimediate release and ordered a stay of all legal
proceedings against them.
992. On 21 May 1999, the Special Rapporteur sent a joint urgent appeal with
the Special Rapporteur on the promotion and protection of the right to freedom
of opinion and expression on behalf of Mohamed Abd Alseed, a member of the World
Organization Against Torture network and correspondent of Alsharag Alawsat , a
London—based Arabic daily newspaper, who had reportedly been arrested on
14 April 1999 in Al Kalakla, District of Khartoum, Mutasim Mahmoud, the chief
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editor of the Political Section of Al Ray Alaam , the daily paper in Khartoum,
who had reportedly been arrested on 17 April 1999, and Maha Hassan Ali, a
journalist at the national news section of the Sudan News Agency (SUNA) , who was
reportedly arrested on 18 April 1999 at her home in Al Kalakla. Their
whereabouts remained unknown.
993. On 17 June 1999, the Government transmitted a reply from the Advisory
Council for Human Rights. In relation to Mohamed Abd Alseed and Maha Hassan Ali,
the Government replied that they were arrested for investigation in accordance
with the law, not because of their profession, but because they were accused of
disclosing classified information to certain foreign circles. It further replied
that Mohamed Abd Alseed was released on 24 May 1999 and the findings against him
had been transferred to the Ministry of Justice for evaluation to determine
whether the charges amount to a criminal offence. Maha Hassan Ali was released
on 18 April 1999. The Government replied that both were immediately informed of
the charges against them and stated that their right to physical and mental
integrity had been fully ensured. In respect of Mutasim Mahmoud, the Government
replied that he had been summoned for investigation but was never arrested.
994. On 10 June 1999, the Special Rapporteur sent a joint urgent appeal with
the Special Rapporteur on extrajudicial, summary or arbitrary executions on
behalf of Adam abd al-Rahman Hussain, Mohamed Issa Tiato, Mohamed Hamed Ahmed,
Fadul Adam abd al-Rahman, Abd Allah Rabih Fadul, Siddieg Suliman Abakar, Mohamed
Ibrahim abd Allah, Mohamed Abakar Shigaifat and Ali abd al-Rahman Idris, who
were said to have been sentenced to cross amputation, i.e., amputation of the
right hand and left foot, and death by hanging, followed by crucifixion. This
sentence is said to be in accordance with Sudanese Penal Code, based upon the
Government's interpretation of shariah law. They had reportedly been convicted
of bank robbery. The sentences have reportedly been submitted to the Supreme
Court for confirmation, and if confirmed, will be carried out rapidly.
Furthermore, the nine above—named persons have allegedly been deprived of food
and sleep, forced to take heavy exercise in the heat, and had cold water thrown
over them during winter while in detention.
995. On 26 June 1999, the Government transmitted information from the Advisory
Council for Human Rights in response to this urgent appeal. The Government
replied that the nine men had been convicted under the Criminal Law Act 1991 and
the Arms, Arimunition and Explosives Act 1986 and all but one of them had been
sentenced to death. One of the accused persons was set free as the
investigations proved no charge against him. The Government reported that
another three persons were sentenced to imprisonment for different periods not
exceeding three years. The Government also transmitted information about a
similar case which occurred in the Darfur region, in which three persons were
found innocent and set free and 14 persons were convicted and sentenced to
death, under the same two Acts. The Government further replied that in both
trials, all accused persons had been tried before free, fair and competent
courts and sentenced in accordance with the law, as well as having been given
due access to legal representation in the preparation of their defence. The
Government also replied that in both trials, the death sentences were not final
and had been submitted to the Supreme Court for confirmation.
Follow—un to previously transmitted corimunications
996. By letter dated 6 January 1999, the Government responded to a nur er of
individual cases which were communicated to the Government by the Special
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Rapporteur on 23 October 1998 (see E/CN.4/1999/61, paras. 672, 675-676) . In
relation to Mohamed Fadol Mohamed, the Government replied that was detained on
8 July 1998 in connection with bombings in Khartoum on 30 June 1998 and was
released on 8 August 1998 after an investigation showed that no charges could be
laid against him. In relation to Mohamed Abdelsalam, the Government replied that
on 4 August 1998, the Omer El mukhtar Khartoum North police station received
information that a dead body had been found. An information report was lodged in
relation to the death, pursuant to the Criminal Procedures Act 1991. The
Government further stated that on 6 August 1998 the Attorney General issued an
order for an investigation corimittee to be formed which was to be chaired by
legal counsel. The Committee carried out an investigation at the University of
Khartoum and statements were received by the Vice Chancellor, the Dean of
Students and some of the deceased's university colleagues. The Government
further replied that after a long investigation, the Committee filed criminal
charges (No. 1943/98) under the (Murder) Sudan Criminal Law Act of 1991 against
an unknown person. The Government stated that the case was now pending at the
Omer Elmukhtar Attorney Office which had local jurisdiction over the case. In
relation to Amin Badwi Mustafa and Abdulla Ali Abdalla, the Government replied
that they were never detained, hence it did not give any information regarding
the allegation raised that they had been subjected to beatings with rubber hoses
at the Khartoum North Security Headquarters on 16 July 1998.
Observations
997. The Special Rapporteur draws attention to the conclusions of the Special
Rapporteur on the situation on human rights in the Sudan, who regrets that in
1999 he has continued to receive reports concerning the frequent use of torture
and arbitrary detention affecting, inter alia , human rights defenders,
journalists and political opponents.
Switzerland
ReQular communications and replies received
998. By letter dated 14 September 1999, sent jointly with the Special
Rapporteur on the independence of judges and lawyers, the Special Rapporteur
informed the Government that he had received additional information concerning a
case previously submitted by the Rapporteurs in 1997 relating to the arrest on
5 April 1997 of Clement Nwanko and his alleged ill—treatment (see
E/CN.4/1998/38/Add.1, para. 413) . The Government had replied to these
allegations by two letters dated 27 June and 28 July 1997, in which it had
indicated that an administrative inquiry had found that the treatment which
Clement Nwanko had received was not compatible with the rules of police
behaviour and that the internal procedure for sanctioning such behaviour was
still ongoing and should result in disciplinary measures against the officers
concerned. According to information recently received by the Rapporteurs, the
officers have appealed against the disciplinary decision sanctioning them,
namely two warnings and a reprimand ordered by Geneva's chief of police. After
this decision had been confirmed by the Department of Justice and Police, a
further appeal was reportedly made to a special corimission set up under Geneva's
police law and consisting of three people representing the Administrative Court,
the Council of State and the Geneva police. This commission reportedly decided,
on an unknown date, to quash the sanctions against the three policemen. It is
understood that Clement Nwanko has not been informed of these latest
developments and has still not received any compensation.
E/CN. 4/2000/9
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999. By letter dated 24 November 1999, the Government confirmed that on
11 Septer er 1998 the Commission had accepted the appeals having found, in
essence, that the complaints were groundless. Thus, the warning and two
reprimands were quashed by the decisions of 11 September 1998. The Government
also noted that on 9 January 1998 the Procurator General had decided to take no
further action on the complaint lodged by Clement Nwanko against the police
officers who had stopped and questioned him.
Syrian Arab Republic
UrQent a inieals and replies received
1000. On 26 April 1999, the Special Rapporteur sent a joint urgent appeal with
the Special Rapporteur on the promotion and protection of the right to freedom
of opinion and expression on behalf of Nizar Nayyouf, Editor—in—Chief of the
monthly journal Sawt al—Democratiyya and Secretary General of the Committee for
the Defence of Democratic Freedoms in Syria, who had reportedly been arrested in
January 1992. On 17 March 1992, a military court sentenced him to 10 years of
forced labour for being a member of an unauthorized organization and for
disseminating false information. For over a year, he had reportedly been
suffering from Hodgkin's disease, a form of leukaemia that can be cured if
treated early by chemotherapy. Prison authorities have allegedly refused to
administer medical treatment to him unless he pledges to refrain from political
activity and signs a statement acknowledging that he made false declarations
concerning the situation of human rights in Syria. He was reportedly held in a
small solitary cell in the military prison of Mezze in Damascus, and has not
seen the sun for seven years. He was also said to be suffering from the
following injuries and diseases due to torture inflicted on him by the prison
authorities: his lower limbs are paralysed and his vertebrae fractured; he is
going blind because of an injury to his skull; his stomach is haemorrhaging as a
result of many hunger strikes and eating food prison allegedly contaminated by
the urine of his jailers; burns from cigarettes put out on his skin have
apparently healed badly and are said to have caused dermatitis.
1001. By letter dated 7 June 1999, the Government replied that Nizar Nayouf was
arrested for participating with a group of Syrian citizens in the formation of
an organization that engaged in opposition activities prejudicial to the
security of the State with support from bodies outside Syria. It stated that the
group deliberately disseminated false information and caused harm to their
country under the pretext of defending human rights. The Government replied that
he was sentenced in accordance with the law and he was receiving the requisite
health care in the same way as any other prisoner, including having been
transferred to a hospital and placed under the supervision of medical
specialists. It further replied that he was not suffering from Hodgkin's
disease, but rather, his only complaint was a discal hernia. Physicians
supervising his case reportedly decided that he did not require surgical
treatment, but rather merely medicinal treatment. The Government reported that
his state of health was improving as a result of the treatment he was receiving.
1002. On 26 April 1999, the Special Rapporteur sent a joint urgent appeal with
the Special Rapporteur on the promotion and protection of the right to freedom
of opinion and expression and the Chairman—Rapporteur of the Working Group on
Arbitrary Detention on behalf of Faraj Bayraqdar, a Syrian journalist and poet,
who had reportedly been arrested in March 1987 and held incommunicado for nearly
seven years before he was brought before a State Security Court in 1993.
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Allegedly accused of belonging to the unauthorized “Hizb Al-Amal Al-Shuyu'i”,
party of corimunist action, he was sentenced to 15 years' imprisonment on
17 October 1993. Currently held in Seydnaya prison, he is reportedly being
denied medical care for serious injuries he sustained as a result of alleged
torture he suffered while he was kept in pre—trial incommunicado detention. He
reportedly suffers from vertebral lesions and a lur ar fracture, caused by
alleged repeated sessions of torture.
Thailand
UrQent a inieals and replies received
1003. On 7 December 1999, the Special Rapporteur sent an urgent appeal
concerning thousands of migrant workers, many of whom were said to be facing
imminent and forcible repatriation to Myanmar, where they may be at risk of
torture. Since the beginning of November 1999, thousands of Burmese migrant
workers have reportedly been deported to Myanmar. Many of the migrant workers,
who allegedly have well—founded fears of persecution, are said to be at risk of
being returned with no opportunity to claim asylum in Thailand. Many of those
deported were refused entry and forced to return to Thailand where they
reportedly face re—arrest. Many are thus reportedly stranded on islands in the
Moei river, near Mae Sot in Tak province, and in the surrounding jungle in Thai
territory, where they allegedly have no food, water or shelter and are at risk
of dysentery and malaria. Finally, thousands of arrested migrant workers were
reportedly held in severely overcrowded irimigration detention centres, including
the main centre at Suan Phlu, Bangkok. They were allegedly held in poor
conditions, which include a lack of adequate food, medical care, and sanitation.
To Qo
ReQular communications and replies received
1004. By letter dated 3 September 1999, the Special Rapporteur informed the
Government that he had received information concerning conditions of detention
and cases of torture. The Government replied by letter dated 11 October 1999.
1005. According to this information, the conditions of detention in the civil
prisons and the Gendarmerie headquarters in Lomé were inhuman and degrading and
threatened the health, and even the life, of the detainees. It appeared that
life inside Lomé civil prison was completely out of the control of the prison
authorities. The prison was said to be run by organized bands of prisoners. Each
new arrival reportedly had to pay a certain sum of money to obtain access to a
mattress, the shower and the toilets. Corporal punishment was said to be
corcmonplace for prisoners who did not comply with the rules laid down by the
inmates in charge of discipline. The Government pointed out that Lomé civil
prison, which had been designed for 550 inmates, now had a population of between
800 and 900 because of the increasing number of prisoners awaiting trial. The
Government denied that new arrivals had to pay sums of money and the existence
of corporal punishment.
1006. In general, the prisons were said to be short of medicines and food.
Dozens of prisoners were reported to have died, among other things from
tuberculosis and various skin diseases, as a result of lack of medical
attention.
E/CN. 4/2000/9
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1007. Dosseh Dankoh and Kemau Agbojalou reportedly died in July 1997 in Lomé
civil prison one month after being admitted; Koffi Tenou reportedly died of
malnutrition in September 1998; and Kodjo Ahadju reportedly died after suffering
severe diarrhoea in October 1998. Allegedly, the only remedy used was a cold
shower to obtain a reaction from the dying detainee. At the Gendarmerie
headquarters in Lomé there were three cells called “the big door”, “the little
door” and “the hole”. The latter was practically unventilated. Some people were
reportedly held there for months, or even years. These conditions were either
intentionally being created by the authorities concerned or were due to their
negligence. The Government pointed out that where illness was confirmed the
prison medical orderly always provided the sick inmate with primary care before
he was removed to the University Hospital Centre (CHU) of Lomé. Thus, the four
people mentioned above had been removed to the CHU, where a doctor had found
that they had died from natural causes. With regard to the headquarters of the
National Gendarmerie, the Government pointed out that the premises mentioned
were those used by the guards who sometimes shared them with persons being held
in police custody. Moreover, all these premises were well ventilated and
healthy. The chief physician of the garrison infirmary visited them daily and
the detainees were fed by their families.
1008. The Special Rapporteur had also received information according to which
torture was corimonly employed at the time of arrest, often in public. It was
reportedly also practised during transfer to detention and interrogation
centres, in particular those of the Gendarmerie, with a view to extracting
confessions. Three people were alleged to have died during their transfer to the
Gendarmerie headquarters in Lomé in July 1998. The methods used included the
following forms of torture and other ill—treatment: the victim is beaten by the
officers present in the courtyard until he arrives at the office in which he is
to be interrogated; beating with sticks and carbines; tying a person to a table
with his hands and feet bound and beating him; electric shock torture. NCOs were
allegedly often present when this was going on. The Government indicated that it
was not aware of the three people who died in July and that the allegations of
inhuman treatment suffered by detainees at the hands of the Gendarmerie were
false and baseless.
1009. The Special Rapporteur transmitted to the Government information
concerning, in particular, the following cases.
1010. Ameen Ayodele, a mer er of Amnesty International (Al) — Nigeria section,
was reportedly detained by Togolese security forces from 19 to 27 May 1999,
probably because he belonged to that organization. At a frontier post, he is
said to have produced his membership card as all his other identity documents
had been stolen. He was then apparently accused of being a spy for Al. It is
alleged that he was held, naked and without food, for nine days and beaten
everyday. He was reportedly twice threatened with death and had a gun pushed
into his mouth.
1011. Koffi Agblelé and two Liberian nationals were reportedly beaten with
sticks at Sokode around the end of February — beginning of March 1998. They were
also allegedly beaten with a rope at the Gendarmerie headquarters in Lomé.
According to the Government, the Gendarmerie had referred these persons to the
Lomé civil prison on a vagrancy charge.
1012. Richard Koukou Koudaya was reportedly arrested on 12 March 1994 after
having criticised someone close to the President. He was apparently taken to the
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Landja camp where he was beaten by six soldiers for a week until he agreed to
sign a statement that incriminated him. The Government reported that he had been
referred by the Kara Gendarmerie on 23 January 1995 for possessing and
transporting weapons and for fraud and denied that he had been taken to Landja
camp.
1013. Delphine Amenyo reportedly died as a result of blows received on 28 March
1994. She was allegedly buried by the Gendarmerie brigadier in Kara. The
Government indicated that it had no knowledge of this case.
1014. Sam Kouma, a trader was reportedly arrested on 26 November 1997. He was
allegedly beaten at the Gendarmerie headquarters in Lomé and died from his
injuries a few days later. During his detention, he is said to have had his
right foot chained to his right hand and his left foot chained to his left hand.
In this position, he was allegedly beaten. He was then reportedly tied to a
table and struck with a chain, a belt and sticks until he lost consciousness. He
is said to have vomited blood through the mouth and nose. The Government
reported that he had been stopped and questioned for forgery and making use of
forged documents with intent to defraud and while in police custody,
unhandcuffed, had attempted to escape. He had then been stopped and seriously
manhandled by the population of the Doulassame district before the gendarmes
arrived. According to the Government, he was then taken to hospital where he
died of heart failure.
1015. Finally, the Government noted that sanctions ranging from several months
suspension to outright dismissal are often imposed on those responsible for
violating human rights.
1016. The Government has assured the Special Rapporteur of its constant
readiness to cooperate and has indicated that it would be happy to receive him
in Togo at any time, if he so wished.
UrQent a inieals and replies received
1017. On 11 May 1999, the Special Rapporteur and the Special Rapporteur on the
promotion and protection of the right to freedom of opinion and expression sent
a joint urgent appeal on behalf of Tengue Nestor and Gayibor François, executive
mer ers of the Togolese Association for the Defence and Advancement of Human
Rights (ATDPDH), both arrested on 3 May 1999 by the police at Lomé. Sant'Anna
Brice, who had been collaborating closely with this organization, is also
reported to have been arrested. All were said to have been held at the National
Security headquarters in Lomé and accused of “disparagement of public credit and
breach of State security, disseminating false information, forgery and making
use of forged documents with intent to defraud” for having transmitted to the
human rights organizations erroneous information about violations corimitted by
the Togolese Government, as well as of following the instructions of the
opposition parties, namely, Convention démocratigue des eu les africains (CDPA)
and Union des forces du chanQement (UFC)
1018. By letter dated 27 July 1999, the Government replied to this urgent
appeal, noting that an inquiry had been opened by the Central Directorate of the
Judicial Police into the activities of ATDPDH and that this had revealed that
some of its mer ers, including the three mentioned above, had been intending to
take photographs of traffic accident victims, with a view to attributing these
deaths to the law enforcement services, and to communicate these photographs
E/CN. 4/2000/9
page 204
to Al. On 7 May 1999, they had been referred to the Public Prosecutor's Office
in Lomé, after an extension of police custody granted by the Government
Procurator. A judicial investigation had been commenced for complicity in
defamation, disseminating false information and incitement to rebellion. After
they had been charged, a detention order was issued on 7 and 14 May 1999. On the
application of the Government Procurator, the accused were released on 18 June
1999 while the investigation took its course. Finally, the Government assured
the Rapporteurs that logo, in accordance with its international obligations, had
made significant progress in respecting human rights, particularly in judicial
matters, and cited as an example the fact that the National Human Rights
Corimission had closely followed the developments in this case.
1019. On 25 May 1999, the Special Rapporteur and the Special Rapporteur on the
promotion and protection of the right to freedom of opinion and expression sent
a joint urgent appeal on behalf of Nadjombe Antoine Koffi, a member of the non-
governmental organization Amnesty International (Al) , who was reportedly
arrested on 14 May 1999 in Lomé. He was said to be being detained at the
National Security headquarters in Lomé because of his human rights activities
within Al. He had been arrested a few days after Al had published a report on
human rights violations in logo during the 1998 elections. By letter dated
5 October 1999, the Government replied to this urgent appeal, pointing out that
following the publication by Al of a report libelling the law enforcement
services and the logolese authorities, on 14 May 1999 NadjorcJie Antoine Koffi had
been arrested and referred to the Public Prosecutor's Office five days later. He
had been charged in connection with the same case as that mentioned in the
Government's reply dated 27 July 1999 (see above) . He had been released from
Lomé civil prison on 18 June 1999 on the application of the Government
Procurator. However, the Government noted that the investigation was following
its course and stressed that the fears of ill—treatment were unfounded. It also
reiterated the Government's intention to establish a genuine human rights
culture within the country's various social and occupational groups.
lunisia
ReQular communications and replies received
1020. By letter dated 3 September 1999, the Special Rapporteur informed the
Government that he had received information concerning the following cases.
1021. Ahmed Ben Salah Zamel laboubi was reportedly arrested on 19 March 1996 by
officers from the Hélal police station. When arrested on the public highway, he
was allegedly stripped and beaten and had a truncheon forced into his anus. Ihe
police officers are said to have ordered some of those present were obliged to
spit on him and hit him. He is then reported to have been taken away
semiconscious in a police car from which he was repeatedly thrown out.
1022. On 18 June 1994, Mohammed Hédi Sassi, an inmate of lunis civil prison,
was reportedly slapped by a warder whom he had failed to salute. He was then
allegedly given a thrashing by other warders who had been ordered to “correct”
him. He is then said to have been chained up in a cell, semiconscious and
vomiting. Ihe next day, the prison disciplinary board reportedly gave him
10 days of solitary confinement. It is alleged that he had to wear chains
continuously for 10 days and was given only bread to eat. On 15 March 1995, he
was apparently again beaten by the warders and given 10 days of solitary
confinement. When visited by his legal advisors a few days later, traces of the
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ill—treatment he is said to have received were allegedly still visible. He
reportedly lodged a complaint with the prosecutor's office of the Tunis Court of
First Instance on 13 April 1995. Apparently, no action was taken.
1023. Abdelmoumen Belanes, Bechir Agid and Ali Jellouli were reportedly
arrested on about 28/30 November 1995 for belonging to the Communist Party of
Tunisian Workers. While in custody, they were allegedly subjected to the so-
called “roast chicken” treatment which consists in suspending someone from a
bar, with his hands and feet tied, and beating him ferociously, the so—called
“bathtub” treatment which consists in immersing someone in a bathtub full of
water, electric shocks and sleep deprivation. It appears that no investigation
or medical examination was ordered.
1024. Abdelmoumen Belanes, on whose behalf the Special Rapporteur sent an
urgent appeal on 26 February 1999 following a further arrest, was allegedly
again tortured while being held incommunicado at the end of February 1999 in the
Bouchoucha police station and at the Ministry of the Interior. He was reportedly
transferred to the Neuf Avril prison in Tunis on 2 March 1999. The Government
replied to this urgent appeal (see below)
1025. Imen Derouiche, a woman with heart trouble, is alleged to have been hit
so hard in the Mannouba women's prison in Tunis on 16 June 1998 that she had to
be hospitalized.
1026. Lofti Hammami, on whose behalf the Special Rapporteur had sent an urgent
appeal at the time of his arrest in February 1998 (see E/CN.4/1999/61,
para. 710), was reportedly tortured from 21 to 28 February 1998 at the Ministry
of the Interior. Among other things, it is alleged that a string had been tied
round his testicles and pulled by an officer while he was suspended from the
ceiling by his feet. At his first appearance, his lawyers are said to have asked
for a medical examination and immediate appropriate medical treatment. These
requests were reportedly refused, although the prison doctor who examined him is
said to have recorimended an operation. He was allegedly suffering from
inflarimation of the testicles.
1027. Maître Néjib Hosni, sentenced to eight years imprisonment for “forgery of
a contract of sale”, was reportedly interrogated by State Security agents at the
Ministry of the Interior on 8 November 1995. He is said to have been
interrogated concerning weapons. It is alleged that he was strung up in the
“roast chicken” position and viciously beaten with sticks and whips all over his
body. The next day he was reportedly twice subjected to electric shocks and
finally lost consciousness. He was allegedly thrown naked into a cell where he
was subjected to continuous insults by the warders. The Bar Council is reported
to have asked for an inquiry to be opened, but nothing has been done.
UrQent a inieals and replies received
1028. On 26 February 1999, the Special Rapporteur sent an urgent appeal on
behalf of Abdelmoumen Belanes and Jalal Ayachi. It was reported that they had
been arrested on 21 February 1999 at Tunis and since held incorimunicado,
probably in the Ministry of the Interior in Tunis.
1029. By the same urgent appeal, the Special Rapporteur informed the Government
that he had received information concerning Fahem Boukaddous who had been
charged in connection with the Communist Party of Tunisian Workers (PCOT) case
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of February 1998, mentioned in the Special Rapporteur's letter dated 12 October
1998 (see E/CN.4/1999/61, para. 696 et seq.). He was reportedly arrested at the
same time as the previous two persons. Although already charged, he was
allegedly not brought before a judge until 25 February and then admitted to the
Neuf Avril prison in Tunis. He was said to suffer from severe bouts of asthma
for which he needed constant medical attention. Moreover, it seems that he had
to be taken to hospital during his first night in detention, but was later
brought back to the Ministry of the Interior. The conditions of detention in the
Neuf Avril prison, especially the overcrowding and the fact that his fellow
detainees were apparently allowed to smoke, could seriously worsen his state of
health.
1030. By letter dated 17 May 1999, the Government replied that Fahem
Boukkaddous and Abdelmoumen Belanes had been arrested on 21 and 23 February
1999, respectively, for different offences, including participation in a project
aimed at harming persons and property by intimidation and terror, conspiracy and
holding illegal meetings. When they were brought before the senior examining
magistrate at the Tunis Court of First Instance, their examination was postponed
to enable them to obtain the assistance of legal advice. Detention orders were
issued against them by the examining magistrate. The Government denied that they
had been ill-treated and noted that Fahem Boukkaddous had been kept under
medical observation. As for Jalel Ayachi, the Government said that he had never
been arrested.
Follow—un to previously transmitted corimunications
1031. By letter dated 8 January 1999, the Government replied to the letter sent
on 30 Septer er 1998, jointly with the Special Rapporteur on violence against
women, concerning the wives of opponents in detention or exile, who were said to
have been ill-treated (see E/CN.4/1999/61, para. 690 et seq.)
1032. With regard to Jallila Jalleti, Zohra Saadallah and Naziha Ben Aissa, the
Government pointed out that their husbands were activists belonging to the
integrationist and terrorist movement Ennahda. However, they had never been
harassed or sexually abused. The Government also noted that no complaint had
been lodged with the judicial authorities.
1033. With regard to Radhia Aouididi, the Government confirmed that she had
been arrested in November 1996 while trying to leave the country with a false
passport, which had led to a police inquiry being opened. The inquiry had found
that the passport had been given to her by Sabia Ben Karmi, who herself had
obtained it from a member of Ennahda. Consequently, a detention order had been
issued against her by the first examining magistrate of the Tunis Court of First
Instance of Tunis on 16 November 1996. Finally, on 26 May 1998 she was sentenced
by the Criminal Division of the Tunis Court of Appeal to three years
imprisonment for complicity in a plot to harm persons and property with a view
to creating an atmosphere of terror and intimidation, three months for
complicity in forgery and three months for complicity in the use of a forged
document, together with five years of administrative surveillance. She is
currently serving her sentence in the civil prison of Manouba. According to the
Government, the allegations of torture and sexual abuse are totally unfounded.
1034. By another letter dated 8 January 1998, the Government replied to the
allegations concerning the treatment of the persons accused in the so—called
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Corimunist Party of Tunisian Workers case transmitted by the Special Rapporteur
in October 1998 (see E/CN.4/1999/61, para. 696 et seq.)
1035. The Government confirmed that they had been arrested in February-March
1998 and heard by the senior examining magistrate of the Tunis Court of First
Instance in the presence of their legal advisors. They had been charged, among
other things, with participation in a plot to harm persons and property,
conspiracy to commit assaults on persons, incitement to rebellion and organizing
illegal meetings. They were placed under pre—trial detention in the civil prison
of Tunis. The Government stressed that they had not been subjected to any ill-
treatment there and that they were receiving regular visits from their families
and lawyers. The case was taking its course.
1036. With regard to Ridha Khemiri (see E/CN.4/1999/61, para. 709), the
Government reported that he had been placed under arrest in the civil prison of
Jendouba on the orders of the examining magistrate of the Jendouba Court of
First Instance for participation in a plot to harm persons and property.
According to the Government, on 2 June 1997, he corimenced a hunger strike which
he refused to break off despite the appeals of the prison staff. He received
constant medical attention. On 17 and 22 July, he was transferred to Jendouba
hospital where he refused all treatment, but where his condition was found to be
stable. He was returned to prison after having signed a statement in which he
assumed full responsibility for the possible consequences of his refusal to eat.
On 25 July, showing signs of fatigue and faintness, he was rushed to hospital
where he was pronounced dead. The autopsy showed that he had died of acute
cardio—respiratory arrest due to a disturbed mineral salt metabolism.
Observations
1037. The Special Rapporteur notes with regret that his request made last year
for an invitation to visit the country has received no response.
Turkey
ReQular communications and replies received
1038. By letter dated 23 November 1999, the Special Rapporteur advised the
Government that he had received information according to which prosecutors are
frequently unwilling to open investigations or recommend trials.
1039. In particular, the Special Rapporteur transmitted information on the
following individual cases.
1040. Fifty persons from Tilkiler and four other villages in the Kahraman Mara
province, namely, Torolar, coçenler, Allua and Musolar were reportedly arrested
between 8 and 12 June 1999, and subsequently detained at the Pazarck Gendarmerie
Corimand. They were allegedly severely beaten with truncheons, forced to eat
human excrement and suspended by their arms, which were tied behind their backs.
1041. Vasfi Karakoç was reportedly detained on 31 August 1998 and questioned at
the Anti—Terror Branch of Bozyaka Police Headquarters for possession of an
unlicensed firearm. He was allegedly blindfolded, given electric shocks,
suspended by the arms and his head beaten against the walls. As a result of this
treatment, he had reportedly lost the hearing in one ear and was troubled with
headaches. He reportedly obtained a medical report consistent with his
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allegations and made a complaint to the public prosecutor, but was shortly
afterwards visited by police officers who threatened him. On 2 Septer er 1998,
he reportedly went to Izmir's city walls and set fire to himself, naming the
officers who he claimed had tortured him. He died of his injuries on
7 September.
1042. Deniz özcan, a 17—year—old high—school student, is a witness in the
prosecution of 11 police officers charged with beating to death the photographer
Metin Goktepe (on behalf of whom the Special Rapporteur intervened in 1996 (see
E/CN.4/1997/7/Add.1, para. 498) while he was in custody in Istanbul in January
1996. Arrested at a demonstration in Istanbul two months later, he was
reportedly detained at the Anti—Terror Branch of Istanbul Police Headquarters,
where he was threatened. He was then allegedly suspended by the arms and
subjected to electric shocks. His throat was allegedly squeezed. He was later
released and reportedly obtained a medical report, which recorded that he had
bruising and burns to a finger. In the following days he and his mother were
reportedly threatened by police on several occasions.
1043. Ali Serkan Eroglu, active in left—wing politics, was reportedly arrested
on 27 November 1997. He was reportedly blindfolded and taken to an unknown
place, where he was interrogated and tortured for eight hours. On 1 December
1997, he reportedly made a statement to the Turkish Human Rights Association
(HPA) and made a complaint to the public prosecutor. Three weeks later his body
was found hanging from a belt around his neck in a toilet at the Faculty of
Corimunication at the Aegean University. The Forensic Medicine Institute of Izmir
gave the cause of death as “suffocation due to hanging”, reportedly suggesting
that he had corimitted suicide. A second autopsy is said to have revealed that
his blood contained traces of chloroform and ethanol. In June 1998, 23 people
from his circle, including his girlfriend, were detained. The police allegedly
sexually assaulted her and tried to force her to make a statement suggesting
that he had corimitted suicide because she had ended their relationship. Other
friends were reportedly subjected to sexual harassment, electric shocks and
being hung by the arms. The Izmir Public Prosecutor has reportedly opened an
investigation into his death, but as yet no one has been charged.
1044. Gazali Turan was reportedly arrested on 21 March 1999 in Izmir during
Nevruz celebrations. She was accused of carrying the flag of an illegal armed
organization. Police officers allegedly applied electric shocks to her fingers
on three occasions, and threatened to strip her naked and torture her further
unless she admitted to their allegations. She reportedly signed a statement, but
because she cannot read, does not know what she signed. She was not given access
to legal counsel after the fourth day of detention. The Izmir State Security
Court Prosecutor reportedly ignored her statement that she had been tortured. At
the end of the detention, a doctor reportedly issued a medical report stating
that she was in good health, without examining her at all.
1045. HUseyin celik was reportedly detained on 1 May 1998 at the Anti—Terror
Branch of Istanbul Police Headquarters. He was allegedly beaten and kicked at
the time of arrest. At the Anti—Terror Branch, he was allegedly taken from a
cell to a place of interrogation, blindfolded and stripped down to his
underwear. The police officers interrogating him reportedly squeezed his
testicles. He was allegedly hosed with pressurized hot water and cold water
directed at his head, testicles and throat. On 5 May he was brought before a
doctor, who reportedly recorded small cuts to his ankle and a bruise to the
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chest. He complained of torture to the State Security Court prosecutor, who
reportedly took no action.
1046. Ali Ekber öz and his wife, Nuran öz, were arrested at their home in
Antalya together with Ali Ekber öz's sister on 2 October 1994. On 4 October
another veterinary surgeon was reportedly arrested at his home in the same city.
All three were interrogated at Antalya Police Headquarters in connection with
alleged membership of the Revolutionary People's Party, Devrimci Halk Partisi
(DHP) . Electric shocks were allegedly applied to Ali Ekber öz's foot and
genitals. Nuran öz was allegedly subjected to threats, kicking, slapping, rape
threats, death threats, being stripped of her clothes, hosed with pressurized
cold water, and electric shocks. The third veterinary surgeon was also allegedly
beaten, stripped of his clothes, hosed with cold water under pressure, made to
squat with a thick pole behind his knees, and given electric shocks to his
genitals and feet. They were all allegedly held in incommunicado detention for
nine days and were not seen by a doctor. They all signed a prepared statement
that they were reportedly not authorized to read. Ali Ekber äz was later
convicted of handling explosives and of membership of an illegal armed
organization and sentenced to 12 years and six months' imprisonment. He is
currently held in canakkale prison. The judges at Izmir State Security Court
reportedly failed to investigate the allegations of torture and allowed
statements retracted as having been taken under torture to be read out in court
and to rest in the case file, in spite of protests by the defendants' lawyer.
1047. Furthermore, the Special Rapporteur has transmitted information according
to which judges are reluctant to convict members of the security forces or to
impose custodial sentences upon them. In a number of cases, it is alleged that,
while criminal charges have been brought against alleged torturers, the measures
have not resulted in final convictions or sentences reflecting the gravity of
the offence. In particular, the Special Rapporteur has transmitted information
on the following individual cases summarized below.
1048. Three boys aged 10, 11 and 12 years were reportedly arrested while
collecting scrap metal from a rubbish dump in Istanbul on 3 March 1997, and
taken to the Public Order Department of KUçUkçekmece police station. During
32 hours' incorimunicado custody the boys were reportedly stripped down to their
underwear and locked in the toilet, where officers urinated on them and made
them lie on human excrement. The children were allegedly asked to “choose”
between electric shocks or beating, were beaten with wooden truncheons, sexually
assaulted and forced to sign confessions to theft of a tape recorder. However,
when the boys were brought to the prosecutor, one of the boys reportedly stated
that he had been given electric shocks, which was reportedly later confirmed by
a medical certificate describing “bruises on the right temporal region, and
black burns established as having resulted from electricity”. They were then
referred to Bakirkoy State Hospital where they reportedly received medical
certificates describing bruising consistent with their allegations. The
KUçUkmece Public Prosecutor reportedly indicted three policemen under
article 245 of the Penal Code for the lesser charge of ill—treatment, rather
than under article 243 for the more serious charge of torture.
1049. Cengiz Aksakal reportedly presented himself for questioning at the
gendarmerie post at Velikoy village, near Savsat, in Artvin province, on
18 October 1980. He died in hospital six days later allegedly from injuries
inflicted during interrogation. His family filed a complaint against the
Provincial Gendarmerie Regimental Commander and the non—commissioned officer in
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charge of the gendarmerie post. The trial continued until 1992, when both
defendants were reportedly sentenced to four years and two months' imprisonment
by Artvin Criminal Court. The sentence was overturned by the Appeal Court and
there was a retrial. This time the two officers were reportedly acquitted on the
grounds that, although it had been established that Cengiz Aksakal had been
tortured to death, there was insufficient evidence to convict the defendants.
The verdict was overturned and there was yet another retrial, beginning in 1994,
held at Ardahan Criminal Court. In 1997, both defendants were convicted and
sentenced to imprisonment for two years and one month. The sentence was
confirmed by the Appeal Court in December 1998. In the intervening years, the
Provincial Gendarmerie Regimental Commander had reportedly been promoted from
lieutenant to major and, at the time the sentence was imposed, was serving as
Director of the Public Order Department of Antalya Provincial Gendarmerie
Regiment Headquarters. The officer in question is said to have retired shortly
after the verdict was given.
1050. Ali Riza Agdogan was reportedly taken into custody in Istanbul on
13 February 1991, while handing out leaflets protesting against the Turkish
Government's role in the Gulf War. He was interrogated at a police station in
the Beyoglu district of the city. That evening he “fell” from the third floor of
the building. An autopsy report revealed that his body bore marks consistent
with torture: bruising under the armpits and on the soles of the feet, as well
as marks on the fingers and toes. It was never established whether the
19—year—old had jumped from the window to escape torture, or had been thrown.
Two police officers were tried for torturing him, and on 6 February 1998 were
sentenced to five years and six months' imprisonment by Beyoglu Criminal Court
No 1. The Appeal Court confirmed the view that the officers had committed an
offence of torture, but overturned the sentences on the grounds that the
required period for prosecution had elapsed.
1051. Abdullah Salman, a 13-year-old boy falsely accused of theft, was
allegedly blindfolded, choked, kicked, punched and subjected to electric shocks
by a police chief, while other officers reportedly laughed, at Kurtulus police
station in Istanbul in 1994. The police officer is said to have been found
guilty and was sentenced to a fine of 900,000 Turkish lira by Sisli Criminal
Court. The Appeal Court overturned the conviction on technical grounds in June
1997 and returned the case for retrial. The police chief in question is
reportedly still on duty.
1052. Halil Ibrahim Okkal reportedly ended up in intensive care after
interrogation, for alleged theft, at cinarli police station in Izmir on
27 November 1995. He was allegedly questioned by two policemen, who took him to
the toilet where they beat him with a truncheon and kicked him after he fell on
the floor. The police commissioner convicted of torturing him was reportedly
promoted to chief corimissioner during the course of the trial, and sentenced,
together with another officer, to a fine of 750,000 Turkish lira and suspension
from duty for two months by Izmir Criminal Court No. 2 on 30 October 1996. The
Appeal Court overturned the verdict and, after a retrial, the officers were each
given a 10—month prison sentence in March 1998. These sentences were suspended.
1053. Yelda özcan, a member of the HRA, was reportedly severely beaten on
4 July 1994 by a chief commissioner. Her clothes were allegedly torn off and as
a result of the beating she received, her eardrum was perforated. The chief
corimissioner was reportedly convicted on 26 December 1996 by Istanbul Beyoglu
Primary Court No 1. He was reportedly sentenced to three months' imprisonment
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and three months' suspension. The punishments were converted to a fine of
450,000 Turkish lira.
1054. Sixteen juveniles and young people were reportedly arrested at Manisa
Police Headquarters between 26 Decer er 1995 and 5 January 1996. They were
allegedly stripped naked, sexually assaulted, hung by the arms and subjected to
electric shocks. During the trial at Manisa Criminal Court, during the course of
which the young victims allegedly continued to be subjected to intimidation and
one of them attempted suicide, the prosecutor changed the charges from torture
to ill—treatment. In March 1998, the police officers were acquitted, but this
was overturned by the Appeal Court in October 1998, which concluded that “the
defendants had actively participated in torture” and ruled that they should be
sentenced. However, a retrial at Manisa Criminal Court concluded on 27 January
1999 with a further acquittal.
1055. By letter dated 23 November 1999 sent jointly with the Special Rapporteur
on violence against women, its causes and consequences, the Special Rapporteur
advised the Government that he had received information on the following case.
1056. Fatma Deniz Polatta, a 19—year—old Kurdish girl, and her 16 year—old
friend were reportedly arrested in Iskendrum, respectively on 8 and 5 March
1999. Both were taken to the Anti—Terror Branch of the police headquarters in
Iskendrum where they detained for five and seven days, respectively. They were
allegedly blindfolded, prevented from sleeping and going to the toilet, denied
water and food. The police allegedly made them strip and told them to stand in
an exhausting position for long periods of time. They are also said to have been
routinely insulted and threatened. The 16—year—old girl was allegedly exposed to
verbal and sexual harassment, continually beaten on her genitals, buttocks,
breasts, head, back and legs, forced to sit on a wet floor for a long time and
roll naked in water, suspended from the arms and exposed to pressurized cold
water. Fatma Deniz Polatta was allegedly subjected to the same treatment and to
anal rape. She was reportedly told by the police officer that even a doctor
would not be able to prove that she had been raped. A formal complaint was
reportedly lodged against the police officers and subsequently, in Nover er, an
investigation was opened. The two girls have reportedly sentenced to long prison
terms after being charged with membership of the Kurdistan Workers' Party (PKK)
and taking part in a violent demonstration against the arrest of PKK leader
Abdullah öcalan. The two girls have reportedly claimed that their convictions
are based on statements allegedly extracted under torture, yet they remain in
prison pending an Appeals Court decision. While in detention, the girls are said
to have undergone several medical examinations, including a virginity test which
is said to be traumatic, by different doctors. None of the doctors reported
signs of violence. A later report by the Turkish Medical Association describes
medical symptoms which match the girls' testimonies of sexual torture.
1057. The Government replied on 15 December 1999 that Fatma Deniz Polatta and
her friend (whose name is known by the Special Rapporteur) were detained between
5 and 8 March 1999, interrogated and subsequently imprisoned on 12 March 1999.
Fatma Deniz Polatta and her friend were sentenced to 12 years 6 months, and
8 years 4 months, respectively. The Government stated that both women were
subject to medical controls before, during and after their detention. The
Government stated that during the medical controls, both women went through
virginity tests each time and the results of these controls revealed that they
were not tortured nor subjected to any other ill—treatment such as rape,
including anal rape. The Government also informed the Special Rapporteur that
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during the investigation stage both women met with their relatives. It further
stated that a complaint was lodged by Fatma Deniz Polatta alleging that she had
been tortured and subject to anal rape, and that she was sent to the State
Hospital of Iskenderun for further tests which confirmed that she was not
tortured or raped. The Government stated that upon these reports, the Public
Prosecutor decided that there was no indictable offence; however, the case was
transferred to the office of the head officer of the district on 14 June 1999
for further investigation. The Government stated that during this investigatory
phase, Fatma Deniz Polatta denied her prior allegations of torture and rape.
Their cases are pending at the State Security Court of Adana and the Government
stated that both women have been transferred from Iskenderun prison to the
KUrkçUler prison in Adana.
UrQent a inieals and replies received
1058. On 16 February 1999, the Special Rapporteur sent an urgent appeal on
behalf of Abdullah äcalan, who had been forcibly returned to Turkey from
Nairobi, Kenya. He had initially been taken to Istanbul and then transferred to
an unknown location outside of Izmir, where he was being interrogated. On the
same day, the Special Rapporteur issued a press statement regarding that urgent
action.
1059. The Special Rapporteur has received a nur er of communications from the
Government in relation to this case. On 26 February 1999, the Government
transmitted written extracts of a press conference held on 21 February 1999 by
the Prime Minister, Mr Bulent Ecevit. He indicated that Abdullah äcalan was not
subjected to torture and was under the guarantee and protection of Turkish law.
Furthermore, the Prime Minister stated that health controls were being regularly
made and that his rights were being respected. On 9 March 1999, the Government
sent the Special Rapporteur a fact sheet on the case, in which it stated, inter
alia , that high security measures were being applied to protect Abdullah öcalan
in prison. In terms of his heath, a cardiologist and an internal specialist from
the University of Uludag had been assigned to observe his health closely. The
Government stated that after these consultations, health reports were being
issued and regularly conveyed to the European Court of Human Rights and the
European Corimittee for the Prevention of Torture. The Government further stated
that an application against Turkey had been filed at the Court of Human Rights
by his lawyers on 16 February 1999, based on, inter alia , article 3 of the
European Convention regarding torture. The Government stated that the case was
heard on 23 February 1999 and that the Court decided that there was no need for
interim measures at that stage. However, the Court submitted questions to the
Government which the Government indicated would be duly answered on time.
Finally, the Government informed the Special Rapporteur that a delegation from
the European Committee for the Prevention of Torture had visited police
detention centres and police organizations in Istanbul, as well as the Imrali
prison where Abdullah äcalan was incarcerated, from 27 February to 3 March,
after informing the Ministry of Foreign Affairs. On 24 March 1999, the
Government transmitted another fact sheet in which it repeated that he was
receiving daily medical care and that the medical reports were being transmitted
to the European Court of Human Rights and the European Committee for the
Prevention of Torture. The fact sheet also outlined several meetings that had
taken place between Pkdullah äcalan and his legal counsel.
1060. On 23 February 1999, the Special Rapporteur sent a joint urgent appeal
with the Special Rapporteur on extrajudicial, summary or arbitrary executions
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and the Special Rapporteur on the independence of judges and lawyers on behalf
of the following eight lawyers from the local headquarters of the People's
Democracy Party (HADEP) in Diyarbakir: Feridun celik, HADEP provincial
president, who is also reported to be the Turkish lawyer for Abdullah öcalan,
Selim Kurbanolu, Abdullah Akn, Yusuf Tosun, Sinan Tanrkulu, Mansur Reitolu,
Mahmut Vefa and Ferda Pokerce. The Special Rapporteurs also transmitted
information on large—scale arrests at HADEP offices throughout the country.
Following house—to—house raids by special team members, village guards,
gendarmes and police, an estimated 500 people were allegedly detained at Kzltepe
police headquarters, the Gendarmerie headquarters and Korsar police station.
More than 700 persons were reportedly detained in Diyarbakir, 150 in Istanbul,
50 in Batman, 10 in Van, 10 in Elaz and 10 in Izmir. All were reportedly being
held under the Anti—Terror Law, which provides for incommunicado detention for
up to seven days. In Kzltepe, Mardin province, a non—violent demonstration on
19 February 1999 calling for independent monitoring of Abdullah öcalan's trial
was allegedly fired on by security forces; at least one person was killed and a
nur er of others were injured. Shootings reportedly occurred in Ersoy, Korsar,
Yenimahalle and districts of Kzltepe where security forces opened fire using
machine guns and then moved into the area in four—wheeled armoured vehicles.
1061. On 9 July 1999, the Government replied to this urgent appeal. It stated
that the eight above—named lawyers were taken into custody on 16 and 17 February
1999 by the Directorate of Security of Diyarbakir, on grounds of protesting and
demonstrating against the arrest of Abdullah äcalan. They were all released on
22 February 1999 following an interrogation and the cases against them were
continuing. The Government further replied that medical reports established that
none of the lawyers were subjected to any torture or ill—treatment while in
custody. In response to the allegation of largescale arrests at HADEP offices
throughout the country, the Government replied that it was not possible to
provide concrete information regarding the allegation; however, it forwarded
information including names of individuals, who were detained and released in
Diyarbakir, Batman, Elazig, Istanbul, Van and Mardin. The Government further
replied that an illegal demonstration took place on 25 February 1999 in Batman,
where 25 demonstrators were arrested. The Government stated that the
demonstrations were inspired and organized by the HADEP political party
headquarters in Batman, which was the reason why a search was made of the
premises of the political party. It denied that any shooting took place and
stated that high security measures were taken.
1062. On 4 March 1999, the Special Rapporteur sent a joint urgent appeal with
the Special Rapporteurs on the independence of judges and lawyers and on
extrajudicial, summary or arbitrary executions on behalf of the following
lawyers representing Abdullah äcalan (see above) , who had allegedly been
assaulted and intimidated by the police: Ahmet Zeki Okçcuolu, Irfan Durdan,
Niyazi Bulgan, MUkrime Tepe (f) , Refik Ergun, Ahmet Avar, Turgay Kaya, Derya
Bayr (f) , Hasip Kaplan, Niyazi Cem, Sait Karabakan, Zeynei Polat (f) , Doan Erba,
Filiz Kalayc and Fehim Gune. Projectiles, including stones and metal objects,
had reportedly been thrown at the defence lawyers, who had to leave the
courtroom. All had reportedly been taken to the nearby police station, where
they were allegedly threatened to be killed. They were then reportedly taken to
the market place of Yeniehir where police officers allegedly beat and kicked
them. Some were reportedly injured.
1063. On 8 March 1999, the Special Rapporteur sent a joint urgent appeal with
the Special Rapporteur on extrajudicial, summary or arbitrary executions on
E/CN. 4/2000/9
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behalf of Devrim Ta , who had reportedly been arrested on 5 March 1999 with his
girlfriend and 25 other persons at the BEKSAV Cultural Centre in Kadkoy by two
uniformed and an estimated four plain—clothed policemen. He was reportedly taken
to the Anti—Terror Branch of Istanbul Security Headquarters. SUleyman Yeter, who
was detained at the same time, died during interrogation.
1064. By letter dated 18 March 1999, the Government responded to this urgent
appeal by indicating that according to information provided by the Security
Directorate General of Istanbul and medical reports, none arrested at that time
had been subjected to torture. It indicated that Suleyman Yeter, who was on the
“search list” of the police on suspicion of being an active mer er of the
illegal Marxist—Leninist Communist Party (MLKP) , started a hunger strike and
fainted during interrogation after the second day. He was reportedly immediately
taken to the nearest hospital, where he died. The Government promised to send
the Special Rapporteur further information on this last case.
1065. On 8 July 1999, the Special Rapporteur sent an urgent action on behalf of
Sirri Usta, who had reportedly been arrested in the Nurtepe district of Istanbul
on 6 July 1999. Witnesses reportedly saw plain—clothed policemen fire five or
six shots and try to drive into him. He was reportedly taken away in a police
vehicle.
1066. The Government replied on 29 Septer er 1999 that he was interrogated on
6 July 1999 after police came across him while they were performing an identity—
card inspection. It indicated that he had submitted a forged student identity
card to the police. When the police became suspicious of him, he tried to run
away and was chased by police officers. He was eventually caught, injured, by
the police on that day. He was then interrogated on the grounds of his alleged
participation in the activities of the so—called “Union of Turkish Revolutionary
Corcmunists—Bolsheviks” organization and a case was transmitted to the office of
the Chief Prosecutor of the State Security Court in Istanbul on 13 July 1999, in
compliance with relevant legislation on detention and interrogation. The
Government advised that he was currently in the Umraniye (Istanbul) E—type
prison. The Government also advised that he had lodged an official complaint
with the Office of the Chief Prosecutor of the State Security Court of Istanbul
on 20 July 1999 claiming that he had been subjected to torture while in
detention. A medical report, issued on the same day that his complaint was
filed, indicated traces of torture on his body and stated that he should have
been given leave from his duties for one week. The Government stated that an
inquiry was under way in relation to the officers who interrogated him and that
a court hearing had taken place in which those allegedly responsible had been
called to give evidence. The case is pending in the State Security Court,
Istanbul.
1067. On 8 July 1999, the Special Rapporteur sent another urgent appeal on
behalf of Hakk Alpan, who had reportedly been detained on 29 June 1999 at the
Ipsala border post when he tried to enter Turkey from Greece using a false
passport. He had reportedly been held initially in police custody in Edirne and
later transferred to Istanbul Police Headquarters Anti—Terror Branch. He was
then transferred to Tunceli Police Headquarters when the Tunceli Police
Headquarters informed Istanbul that they had a warrant for his arrest.
1068. On 10 August 1999, the Government replied providing information from the
Ministry of Justice. The Government confirmed the date, place and circumstances
of Hakk Alpan's arrest as alleged in reports received by the Special Rapporteur.
E/CN. 4/2000/9
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The Government reported that on 1 July 1999 he was detained by the Istanbul
Directorate of Security. His detention was extended to 3 July 1999 upon a
decision of the State Security Court of Istanbul. The Government further
reported that his case was then transferred to the Office of the Chief
Prosecutor of Tunceli, which extended his detention period to 9 July, in
accordance with the law. The Government stated that he was then transferred from
Istanbul to Tunceli, where he was imprisoned at the Tunceli prison on 9 July,
following an interrogation. It replied that during his interrogation he
confessed that he was senior official of the illegal Communist Party of
Turkey/Marxist Leninist (TKP/ML-TKKO) organization and that he had participated
in many illegal activities of the organization including murders, armed
resistance against security forces and other terrorist acts.
1069. On 23 July 1999, the Special Rapporteur sent a joint urgent appeal with
the Chairman-Rapporteur of the Working Group on Arbitrary Detention on behalf of
Kemal Erturk and Bulent Erturk, who had reportedly been arrested on 15 March
1999 by mandate of the State Security Court in Ankara in connection with an
attack on the Governor of cankiri. They were allegedly forced under duress to
admit to the crime and were subsequently transferred to the prison of Eskisehir,
Type E, where they had allegedly been ill-treated by the guards and fellow
inmates. They had reportedly asked to be transferred to a prison in Ankara.
1070. By letter dated 5 Nover er 1999, the Government confirmed the time and
circumstances of arrest and indicated that both confessed to being members of
the illegal terrorist organization, the so—called Turkish Workers' and Peasants'
Liberation Army (TIKKO) . The Government also added that they had been allowed to
corimunicate with their lawyers and that medical reports confirmed that they were
both in good health and had not been ill-treated while in detention. The
Government also indicated that the prison in Eskisehir is under the jurisdiction
of the State Security Court of Ankara and is only a short distance from Ankara.
The Government informed the Special Rapporteur that they had started a hunger
strike that they voluntarily terminated after having been taken to Eskisehir
State Hospital. The Government added that a case brought to the Council of State
by the Bar of Istanbul against the Circular of the Ministry of Justice,
instructing the transfer of inmates to provinces other than where the crime they
are accused of is corimitted, was under consideration. Therefore, their request
for transfer to the Central Prison of Ankara was pending.
1071. On 30 July 1999, the Special Rapporteur sent an urgent appeal on behalf
of YUksel Yiitdoan, who had reportedly been arrested on 26 July 1999 in Izmir.
He had allegedly been taken to the Izmir Police Headquarters Anti—Terror Branch
and then transferred to the Istanbul Police Headquarters Anti—Terror Branch on
28 July 1999. On 29 July 1999, the Istanbul State Security Court reportedly
extended his detention by three days.
1072. On 4 August 1999, the Special Rapporteur sent a joint urgent appeal with
the Chairman of the Working Group on Enforced or Involuntary Disappearances on
behalf of Selami Altay, who had reportedly been abducted by three armed men in
civilian clothes on 26 June 1999 from Gazi Antep E type prison where he had been
visiting a relative. The police in Gazi Antep were said to have denied any
knowledge of the abduction.
1073. By the same urgent appeal they also intervened on behalf of Ibrahim
Alpdoan, a Kurd from Mara province, who had reportedly been taken into custody
from his village on 20 June 1999 by soldiers from the Pazarck gendarmerie
E/CN. 4/2000/9
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corimand. He was reportedly held in incommunicado detention, either at Pazarck
gendarmerie or at the police headquarters in Mara town, but his detention was
said not to have been acknowledged by the authorities.
1074. On 14 September 1999, the Special Rapporteur sent an urgent appeal on
behalf of Mehmet celik who, along with two other men had reportedly been
arrested on 7 September 1999 in Diyarbakir city centre. They were reportedly
held in incommunicado police detention.
Follow—un to previously transmitted corimunications
1075. By letter dated 11 December 1998, the Government responded to a
corimunication sent by the Special Rapporteur on 12 October 1998 (see
E/CN.4/1999/61, paras. 717-719).
1076. Concerning Zeynep Avci, the Government indicated that she had been
arrested on 27 November 1996 on suspicion of having participated in illegal
terrorist activities. According to medical reports dated 27 November and
3 December 1996, she was never tortured. Following her trial at the State
Security Court of Istanbul on 18 December 1996, she was incarcerated.
1077. Concerning Suleyman Gultekin, the Government indicated that he had been
detained on 16 March 1997 for having avoided military service, and handed over
to the Military Service Department of Tekirda on 8 Decer er 1997. A medical
report dated 8 December 1997 stated that he had not been subjected to torture.
1078. Concerning Sevil Dalkliç, the Government replied that medical reports
confirmed that she had not been subjected to torture.
1079. By the same letter, the Government responded to allegations sent in May
1997 regarding the torture of Hikmet Ercili (see E/CN.4/1998/38/Add.1,
para. 424) . It indicated that according to information given by the Office of
the Governor of Kars he had never been taken into custody.
1080. By the same letter, the Government responded to several allegations sent
in February and October 1996 (see E/CN.4/1997/7/Add.1, para. 488 and following).
1081. Concerning Done Talun (ibid., para. 489), the Government indicated that
after her release on 14 January 1995, her father, who was assisted by the Human
Rights Investigation Corimission of the Grand National Assembly, filed a
complaint of ill—treatment at the Chief Prosecutor's Office in Ankara. A
decision of “non—prosecution” was subsequently reached. Concerning Can Dogan
(ibid., para. 491), the Government indicated that he was released on 21 March
1995 after having been interrogated at the Anti—Terror Branch of the Directorate
of Security in Ankara. A medical report issued at the time of his release
confirmed that he had not been subjected to torture. Concerning Tyfun Kirs and
Rifat Onurca (ibid., para. 492), the Government indicated that no evidence of
torture was found by the Forensic Science Institute. Concerning Ali Haydar Efe
and Muslum Efe (ibid., para. 495), the Government indicated that Ali Haydar Efe
had jumped out of a window on the third floor of the Directorate of Security
building in Ankara, which was confirmed by an autopsy report. A case was lodged
by the Public Prosecutor against the police authority, but a decision of “non—
prosecution” was reached on 1 April 1997. Mus L im Efe was released on 12 August
1996. Concerning Halil Dinç (ibid., para. 504), the Government indicated that he
was not injured, nor detained, during the December 1995 demonstrations.
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1082. Finally, by the same letter, the Government responded to two cases sent
by the Special Rapporteur in May 1995 (see E/CN.4/1996/35/Add.1)
1083. Concerning Garip ölmez (ibid., para. 693), the Government confirmed that
he died in custody on 10 April 1994, but indicated that the autopsy had revealed
that he had not been subjected to torture, but that his death was due to
intoxication. It is believed by the Government that, as he was an apiarist, who
used chemicals, he may have been intoxicated prior to his detention.
1084. By letter dated 14 December 1998, the Government gave further information
on Leker Acar, on behalf of whom the Special Rapporteur had sent an urgent
appeal on 16 Nover er 1998 (see E/CN.4/1999/61, para. 729) . It indicated that he
assaulted the security forces and caused a riot at the entrance of Elazi prison
on 5 October 1998. As a result, he was reportedly injured. The Government
indicated that the allegations of torture and of solitary confinement were
baseless, but that upon complaints lodged against the law enforcement personnel,
the Offices of the Chief Prosecutors of Elazi and Biyarbakir were investigating
the matter. The Office of the Chief Prosecutor of Bitlis decided to transfer the
file to the Office of the Governor, which decided on 12 February 1998 not to
take judicial action due to a lack of sufficient evidence.
1085. Concerning Abdullah Baskin (E/CN.4/1996/35/Add.1, para. 698), the
Government confirmed that he died, according to the Public Prosecutor's Office
in “suspicious circumstances”, from injuries, at the Batman State Hospital on
4 August 1994. On 3 July 1995 the case was transferred from the Office of the
Chief Prosecutor of Kozluk/Batman to the Office of the Governor of Batman for
further investigation. Following a decision not to take judicial action by the
Governor's Office, the case was appealed by the Higher Court on 9 December 1997
and returned to the Governor's Office. The case was still pending at the time of
the Government's response.
1086. By letter dated 26 January 1999, the Government responded to an urgent
appeal sent by the Special Rapporteur on 17 November 1998 on behalf of Mehmet
Mazaca (see E/CN.4/1999/61, para. 730) . The Government indicated that his son
had applied to the Chief Prosecutor's Office of Elazi on 26 October 1998 for
his whereabouts. Several investigations were carried out without success, but it
was confirmed that Mehmet Mazaca had never been detained by either the Tunceli
or the Elazi police. According to the Government, this case has no political or
ideological background, but may be linked with a criminal offence.
1087. An information note of 27 July 1999 was received by the Special
Rapporteur from the Government outlining a number of the latest steps taken in
Turkey on the human rights reform process. The information note referred, inter
alia , to an amendment bill on articles 243, 245 and 354 of the Turkish Penal
Code which had been submitted to the Grand National Asser ly on 5 July 1999. The
amendment purportedly brings out a new definition of torture and ill treatment
under the said Code, increases the severity of punishment foreseen for crimes of
torture, as well as for health personnel involved in faking forensic reports
with a view to concealing the existence of torture and ill—treatment.
1088. Finally, on 15 Decer er 1999, the Government informed the Special
Rapporteur that the Law on the Prosecution of Civil Servants had been adopted on
2 December 1999 by the Turkish Grand National Asser ly and had entered into
force on 5 December. An important feature of the new Law is that it sets a “time
limit” for the conclusion of cases. Therefore, it prevents impunity due to
E/CN. 4/2000/9
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statutes of limitations and renders civil servants accountable before courts for
any of their offences. According to the new Law, the procedure for the
prosecution of civil servants is as follows. The complaint is forwarded to the
office of the prosecutor, who in turn informs the government office to which the
accused civil servant is attached. The senior officer of this office has
authority to decide on the acceptability of the investigation request, within
30 days (45 days in extraordinary cases) . The senior officer who does not
authorize the investigation has to provide tangible evidence to the prosecutor's
office. In the case of approval, the accused officer, and in the case of
disapproval, the prosecutor's office may appeal to the Council of State or the
regional administrative court for review. These bodies have to give their ruling
within three months at the latest, and this ruling is final. Therefore, it takes
a maximum of four and a half months to reach the final ruling for the case to be
brought to court.
Observations
1089. The Special Rapporteur appreciates the Government's responses and
welcomes the law reform measures that would strengthen the prohibition under
criminal law of acts of torture and which have substantially amended the Law on
the Prosecution of Civil Servants. He still considers that it will be essential
to reduce the periods of permitted incommunicado detention to make a substantial
impact on the resort by law enforcement officials to torture and similar ill—
treatment.
U Qanda
UrQent a inieals and replies received
1090. On 30 Nover er 1999, the Special Rapporteur sent an urgent appeal on
behalf of Mbula Bwambukamo, Jonas Mutamo, Kar ale Bahekwa, Commandant Kakule
and Commandant Muhendu, all senior members of the armed opposition group
Rasser lement conQolais pour la democratic , and François Mwamba, a mer er of the
armed opposition group, Mouvement pour la liberation du ConQo , who were among
25 persons arrested by the Ugandan army after a senior Ugandan military
corimander, Major Ikondere, was killed by an armed indigenous group known as
Mavi—Mavi , in Butembo, in north—eastern Democratic Republic of Congo, on
14 November 1999. The 25 persons were reportedly arrested around Butembo, North—
Kivu province and to be accused of complicity in the killing. Their whereabouts
were not known.
Ukraine
UrQent a inieals and replies received
1091. On 22 March 1999, the Special Rapporteur sent an urgent appeal on behalf
of Yusif Ruzimuradov, a prominent member of the banned Uzbek opposition party
Erk, and Muhammad Bekzhon, one of the editors of the party's newspaper, also
called Erk, and the brother of Muharimad Salih, the party's exiled leader, who
were reportedly facing imminent forced repatriation to Uzbekistan, where they
may be at risk of torture. Both men had reportedly been detained on 15 March
1999 in Kiev, during a joint Uzbek/Ukrainian police raid on their apartments.
Their arrests are reported to be part of a clampdown on perceived opponents of
the President of Uzbekistan, and their families and associates, following a
series of bomb explosions in Tashkent on 16 February 1999. According to further
E/CN. 4/2000/9
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information received by the Special Rapporteur, both had already been deported
on 18 March 1999.
1092. By letter dated 24 May 1999, the Government responded to this urgent
appeal. It indicated that having examined material received from the Office of
the General Prosecutor of Uzbekistan, and in the light of the findings of an
inquiry carried out by the Ukrainian Ministry for Internal Affairs, the Office
of the General Prosecutor of Ukraine had ascertained that there were no factors
impeding the extradition of the above—named persons, as well as two other Uzbek
nationals, N. Shripov and K. Dierov. It also specified that their extradition
had been in conformity with the procedures laid down in domestic law, as well as
with the June 1995 Agreement with the Government of the Republic of Uzbekistan
on cooperation in the field of crime control and the January 1993 Minsk
Convention on legal assistance and legal relations in civil, family and criminal
matters.
United States of America
ReQular communications and replies received
1093. By letter dated 15 November 1999, the Special Rapporteur advised the
Government that he continued to receive information regarding the use of stun
belts and other electro-shock technology (see E/CN.4/1998/38, para. 201) . In
this regard, the Special Rapporteur transmitted information on the following
individual cases.
1094. Jeffrey Lee Weaver reportedly shouted in pain and banged his hands on the
table at which he was sitting, when a stun belt he was reportedly wearing in
court in Broward County, Florida was activated on 15 April 1999. His hands were
reportedly shaking for 10 minutes after the alleged incident.
1095. Brian Hill reportedly fell backwards in his chair and convulsed for a few
seconds when the stun belt he was reportedly wearing in the Alameda County
Superior Court in Oakland was activated on 7 July 1998. He was reportedly taken
to hospital following the incident and released later in the day. The stun belt
was reportedly activated when a deputy policeman leaned over in his chair and
accidentally pushed the button on the transmitter.
1096. Kenneth Deputy was reportedly electro-shocked by a stun belt activated by
a police officer in the Kent County Superior Court, Delaware, in September 1997.
The stun belt was reportedly activated causing a very painful electric shock and
small burn marks along his left hip and lower back.
1097. Wendell Harrison was allegedly electro—shocked by police officers on
2 August 1996 in a courtroom in Kern County, California. He was allegedly made
to wear the stun belt at the request of a sheriff deputy who stated that he had
not answered her when asked if he needed to use the toilet and because the
sheriff deputy did not like the way he was looking at people in the courtroom.
Several years later, he is still allegedly suffering nightmares and loss of
sleep as a result of the alleged stunning.
1098. Craig Shelton reportedly suffered intense pain through his entire body,
causing him to fall to the floor, as a result of being reportedly twice targeted
with electric shocks from a stun belt on 2 April 1996. He was reportedly wearing
E/CN. 4/2000/9
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the stun belt while he was being transported from Hutchinson Correctional
Facility to Lamed Correctional Mental Health Facility, Kansas, for medical
treatment.
1099. Otis Brock, a 17—year—old inmate in the juvenile wing of Kenton County
Jail, Kentucky was allegedly beaten, kicked, verbally abused and twice
electrically shocked using a stun gun in December 1998. He was allegedly being
punished for refusing to move from an isolation cell. A complaint has reportedly
been filed with the Justice Department, the result of which is pending.
1100. Michael Labmeier, an inmate in the Kenton County Jail, reportedly died
after a confrontation with jail staff. The confrontation reportedly occurred
when prison guards were attempting to move him from an isolation cell to take
him to hospital for a psychiatric evaluation. The exact circumstances of his
death appear to be unclear. It is alleged that pepper spray had been sprayed
into his face and that a stun gun was activated to warn him to cooperate.
1101. The Special Rapporteur has also transmitted to the Government information
about the alleged use of stun belts on HIV positive inmates at the New Orleans
Parish Prison, Louisiana. At this facility, two categories of prisoners are
reportedly required to wear stun belts during transport. One of the groups is
high security prisoners who are deemed to pose the greatest risk when being
transported. The other group reportedly is inmates from the separate HIV/AIDS
unit. This group of prisoners must wear the stun belts during transportation
regardless of their security classification. Reportedly, many of the HIV
positive inmates in this facility already suffer from infections associated with
their HIV status. Concern has been expressed that the use of the stun belt may
exacerbate the medical condition of HIV positive prisoners. There have also been
reports that HIV positive inmates have been required to sign a waiver consenting
to be fitted with a stun belt or else they will be denied transportation to
receive medical treatment.
1102. The Special Rapporteur has transmitted to the Government information on
the following additional individual cases of alleged ill—treatment.
1103. Roberto Ciaprazi was reportedly subjected to beatings, protracted cell
confinement and verbal abuse, on a number of occasions during his incarceration
at the Coxsackie Correctional Facility, New York, the Mid—Hudson Psychiatric
Center, the Nassau County Jail and the Clinton Correctional Facility. He was
allegedly struck in the solar plexus and testicles with a wooden stick by a
police officer at his arrest on 6 February 1991 in Nassau County. On 7 February
and on 24 March 1991 he was allegedly knocked to the ground, kicked and had his
head repeatedly beaten on a concrete floor by four guards at Nassau County Jail.
He reportedly later underwent surgery for head lacerations at the Nassau County
Medical Centre. On 17 April 1996, he was allegedly assaulted by guards for
refusing to go to court when he was reportedly sick. As a result, his face and
body were reportedly bruised, he had a broken finger, pain in his back,
shoulders, head and neck and difficulties with breathing. No medical treatment
was reported to have been provided. He has also allegedly been locked in 24—hour
cell confinement for 200 days.
1104. Nicholaus Contreras, a former inmate at the Arizona Boys Ranch for
juveniles, was allegedly placed in solitary confinement on 23, 25, 27 and
28 February 1998 for his lethargic effort in exercise and because he had been
complaining of feeling ill and tired. On 2 March 1998 he was reportedly isolated
E/CN. 4/2000/9
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again, allegedly for failing to listen to staff about his attitude to exercise.
He was reported to have died later that same day while staff allegedly forced
him to do push-ups.
1105. Gil F. Webb, a 17-year-old African American, was allegedly kicked by a
police officer, grabbed by the arms, legs and hair and allegedly slarimed twice
onto a wooden board after he had reportedly been moved from his car, which had
crashed after a police chase in Denver, Colorado in March 1997. The responsible
officer has reportedly been disciplined by losing five days of his holiday
period.
1106. James Parkinson, a mentally ill man, reportedly died in June 1996 in
Fairfield, California, after police allegedly shackled him face-down, sprayed
him several times with Oleoresin Capsicum (“OC” or pepper spray) and hit him
several times with an electric laser gun.
1107. Michael Valent reportedly died as a result of a blood clot in March 1997
after allegedly being held for 16 hours in a restraint chair in Utah State
Prison. Apparently his feet were secured with metal shackles and the seat had a
hole in it to allow him to defecate and urinate without moving.
1108. Sammy Marshall, a mentally ill prisoner in Quentin Prison, California,
reportedly died in June 1997 after guards allegedly used OC spray for more than
one hour when he barricaded himself into his cell. A coroner found that the most
likely cause of death was an allergic reaction to the OC spray.
1109. Annette Romo, a young pregnant woman in a Maricopa jail, reportedly
pleaded in vain with prison staff for medical help when she began bleeding in
1997. She reportedly fell unconscious and was later rushed to hospital, but her
baby died.
1110. The Special Rapporteur has also received information on the alleged
ill—treatment of prisoners at the Wallens Ridge State Prison, Virginia. Guards
have reportedly used arbitrary and punitive measures including random selection
of prisoners for beatings at night, allegedly to maintain a climate of fear at
the prison. Such ill—treatment is allegedly used to intimidate new arrivals at
the prison. It is alleged that some inmates have been denied access to medical
care and that other inmates are not requesting medical care for fear of
reprisals against them. Other alleged abuses taking place include sleep
deprivation by keeping lights on 24 hours a day and alleged verbal abuse,
including racist taunts, and threats of violence. In particular, the Special
Rapporteur has transmitted information on the following individual case.
1111. Phillip Cordova, who was reportedly transferred recently to the prison
from New Mexico was allegedly beaten by guards while in restraints on his first
day at the prison on 25 Septer er 1999. According to the information received,
guards also used electro—shock stun guns on him and allegedly simulated sodomy
against him using the metal lead which is reportedly used to link prisoners'
handcuffs to their leg shackles behind their backs.
1112. Finally, the Special Rapporteur brought to the Government's attention
information he continued to receive about reported abuse and alleged police
brutality in the New York Police Department (see E/CN.4/1998/38, para. 199)
E/CN. 4/2000/9
page 222
1113. Adner Louima, a Haitian irimigrant reportedly suffered serious internal
injuries after New York police officers allegedly beat him and one rammed the
handle of a toilet plunger into his rectum at a Brooklyn police station in
August 1997. According to the information received, in mid—1998, four police
officers were awaiting trial on federal charges of assault in connection with
this case.
1114. By the same letter, the Special Rapporteur reminded the Government of a
nur er of cases transmitted in 1995, 1997 and 1998, regarding which no reply had
been received.
UrQent a inieals and replies received
1115. On 13 January 1999, the Special Rapporteur sent an urgent appeal on
behalf of Augustine Abolade Ayoade, a Nigerian asylum seeker who was allegedly
in imminent danger of being deported to Nigeria where he was allegedly at risk
of being subjected to torture. In January 1998, he was deported from the United
States, and was reportedly immediately arrested by Nigerian State Security
Agents and imprisoned and tortured over a three-month period. In April 1998, he
had escaped from prison and fled to the United States. He had reportedly filed a
petition for withholding of deportation.
1116. By letter dated 13 August 1999, the Government replied by outlining the
process for adjudicating claims under the Convention against Torture. It also
indicated that it is the policy of the United States not to disclose to third
parties any information pertaining to any asylum or torture relief claim without
the written consent of the applicant. Finally, the Government indicated that if
Augustine Abolade Ayoade had filed such a claim under the Convention, he was
never in imminent danger of deportation while a claim was pending, and added
that it would be up to an immigration judge to determine whether he had a valid
claim.
Follow—un to previously transmitted corimunications
1117. By letter dated 6 July 1999, the Government responded to an urgent appeal
sent on 2 Nover er 1998 on behalf of Leonard Peltier (see E/CN.4/1999/61,
para. 751) . Regarding the prison conditions and allegations of inhumane
treatment, the Government indicated that the Bureau of Prisons makes every
effort to ensure that all inmates are treated fairly within the scope of
established policy and that abusive or inhumane treatment by inmates or
correctional staff is neither tolerated nor condoned. According to the
Government, Leonard Peltier was placed in disciplinary segregation for refusing
to submit to routine urinalysis testing. The Government explained that
disciplinary segregation is not equivalent to solitary confinement, but did
remove inmates from the general population and restricted an inmate's access to
other inmates. It had no influence on visitation rights, although certain other
privileges were suspended. Finally, the Government indicated that since Leonard
Peltier had been at U.S. Prison Leavenworth, i.e., October 1996, he had been in
the general prison population. Regarding the alleged lack of medical care, the
Government indicated that he had received proper medical care, in particular in
relation to his main complaint, i.e., Temporomandibular Joint Syndrome (TMJ),
from the Federal Bureau of Prisons and had been seen by numerous medical
specialists. He thus underwent several operations to maintain his jaw opening
and movement. In October 1996, he refused any further treatment for his chronic
E/CN. 4/2000/9
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jaw problem, and in March 1999, it was explained to him by specialists that the
TMJ could not be corrected. He has since been given a medical diet.
Observations
1118. The Special Rapporteur appreciates the Government's responses to his
urgent appeals, but considers regrettable the failure to respond to
communications alleging abuses within his mandate. The perennial nature of this
problem cannot be justified by the difficulties inherent in obtaining
information within a federal system.
UruQuay
ReQular communications and replies received
1119. By letter dated 12 October 1999, the Special Rapporteur communicated to
the Government information concerning Luis Soria and Francisco Saavedra who were
reportedly tortured on 23 May 1999 by nine uniformed and one non—uniformed
officer when they were doing maintenance work on vessels of the British fleet.
While they were eating their lunch, a door opened and someone told them to go
away because they were in front of a police station. Shortly afterwards,
10 officers allegedly came out through the same door and dragged Luis Soria and
Francisco Saavedra by the feet straight inside. Once inside they were reportedly
handcuffed and beaten all over their body. Later, they are said to have been
taken to Maci d Hospital, being told on the way that if they said anything about
what had happened they would be charged with contempt, trespass and disrespect
for authority. In the hospital, they were reportedly examined by Dr Gonzalo Ruiz
who confirmed the injuries. After that, they were taken to local police station
No. 1 and released shortly afterwards. A complaint is reported to have been
lodged in the Sixth Rota Criminal Court and with EP-FA members of parliament for
referral to the Parliamentary Human Rights Commission.
Uzbekistan
ReQular communications and replies received
1120. By letter dated 24 November 1999, the Special Rapporteur advised the
Government that he had received information according to which physical abuse of
detainees by police and officers serving under the National Security Service is
common practice. Violence is allegedly used to extract either confessions or
testimony against other detainees. The mistreatment reported ranges from
slapping detainees to more systematic beatings using fists, boots and police
batons. Torture methods are said to include burning detainees with cigarettes,
using a gas mask or plastic bag to suffocate them, handcuffing them in a highly
uncomfortable position, inserting a bottle into the anus and using specialized
electric shock equipment. Police and security officers are also reported to have
threatened to detain family members.
1121. The Special Rapporteur transmitted information on the following
individual cases.
1122. Adkhom Mavlianov was reportedly arrested on 8 December 1997 in Namangan
and charged with theft and illegal possession of narcotics and bullets.
Following his detention, he was allegedly held incommunicado for five days. He
E/CN. 4/2000/9
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reportedly signed a oonfession extracted by severe beatings. At his trial, he
reportedly repudiated his confession.
1123. Odil Mamatov was reportedly arrested on 8 Decer er 1997 at his home in
Namangan on charges of illegal possession of arms and narcotics. He was
allegedly beaten until he was bloody, during the first days following his
arrest. A gas mask was allegedly put over his face.
1124. Mikhail Ardzinov, the chairman of the reportedly unregistered Independent
Human Rights Organization of Uzbekistan (NOPCHU) on behalf of whom the Special
Rapporteur previously intervened in Septer er 1998 (see E/CN.4/1999/61,
para. 764), was reportedly detained by officers from the Tashkent City
Department of Internal Affairs (GUVD) on 25 June 1999. He was allegedly severely
beaten and taken to his apartment, where a computer and some documents were
confiscated. He was then taken to the GUVD, where he was allegedly beaten again.
He reportedly sustained two broken ribs, a concussion, contused kidneys, and
cuts and bruises. His detention is allegedly related to his public criticism of
the measures taken by the authorities in reaction to a series of bomb attacks in
Tashkent.
1125. Abdulkhai and Murod Egamberdiyev were reportedly arrested in Andijan in
January 1998 by plain—clothes police officers, two weeks after they had been
ordered by their local police station to shave off their beards. The police
allegedly beat them and planted a small quantity of narcotics and 10 bullets in
their pockets. They were subsequently sentenced to four years' imprisonment for
illegal possession of narcotics and weapons.
1126. Isroil Parpiboyev was reportedly arrested on 1 January 1998 in Tashkent
and charged, including of terrorism, illegal possession of weapons and of
narcotics. During his interrogation, investigators allegedly inserted a bottle
of vodka into his anus and poured the vodka on his wounds. He was also allegedly
subjected to electric shocks and had cold water poured over him in winter. He
was reportedly sentenced to nine years in a strict regime prison.
1127. Nosir Yusupov and his son Jamaliddin were reportedly arrested on
29 December 1997 in Tashkent. Nosir Yusupov was reportedly charged with
terrorism, organizing and leading a criminal gang and illegal possession of
weapons. Jamaliddin was reportedly charged with attempted premeditated murder,
failure to disclose a crime and illegal possession of weapons. Both were
allegedly beaten in detention. Nosir Yusupov was allegedly subjected to electric
shocks and had a plastic bag placed over his head in order to suffocate him.
1128. Jurahon Azimov, a leader of the reportedly banned political party Birlik ,
was reportedly arrested by officials of the Administration of Internal Affairs
(UVD) of the Andijan region on 28 February 1999. On 17 July 1999, his family was
reportedly informed that he had died following a heart attack. Marks of torture,
in particular on the left side of his face, and cuts on many parts of his body,
were reportedly visible.
1129. Aminov Muhammadjon, an activist of the Mosque—Djame in Andijan, was
reportedly arrested on 10 February 1998 on suspicion of illegally storing
ammunition. He reportedly died in Andijan prison hospital on 7 February 1999. It
was alleged that his fingernails had been pulled out and that a long scar was
visible on his chest.
E/CN. 4/2000/9
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1130. By the same letter, the Special Rapporteur reminded the Government of a
nur er of cases transmitted in 1996 and 1998, regarding which no reply had been
received.
UrQent a inieals and replies received
1131. On 26 February 1999, the Special Rapporteur sent an urgent appeal on
behalf of Mamadali Makhmudov, a well-known writer, who had reportedly been
detained on 19 February 1999 by officers of the Corimittee for National Security
(KNB) on suspicion of links with the exiled leader of the banned Erk opposition
party, and Munira Nasriddinova, the wife of the independent Islamic leader,
Obidkhon Nazarov, who had reportedly been arrested on 21 February 1999 at her
home in Tashkent and taken to a local police station where she and her mother—
in—law were allegedly beaten. Both were reported to be held incommunicado in a
secret place. They were believed to have been arrested in connection with a
series of explosions in the capital, Tashkent, on 16 February 1999.
1132. On 9 March 1999, the Special Rapporteur sent an urgent appeal on behalf
of Akhmadkhon Turakhanov, who had reportedly been sentenced to six years'
imprisonment on 5 March 1999. He reportedly collapsed in court towards the end
of his trial. Although he was reportedly in the prison hospital, it was not
known whether he was receiving treatment. He reportedly has diabetes and needs
daily insulin injections.
1133. On 30 March 1999, the Special Rapporteur sent an urgent appeal on behalf
of Muhammad Bekzhon, Yusif Ruzimuradov, Kobil Diyarov and Negmat Sharipov, who
had reportedly been forcibly deported from Ukraine on 18 March 1999. Since then,
they had allegedly been held in incommunicado detention in an undisclosed
location. Furthermore, the Special Rapporteur transmitted information concerning
Umarkhon Nazarov, one of Obidkhon Nazarov's brother (see above), who is said to
be wanted by the Uzbek authorities, allegedly for promoting “Wahhabism”, an
extreme form of Islam, Akhmadali Salomov, his uncle, and Abdurashid Nasriddinov.
They had reportedly been arrested in Namangan, on 17 March. Umarkhon Nazarov was
reportedly detained at the Namangan regional police department, and Abdumalik
Salomov, at the Namangan regional department of internal affairs. Abdurashid
Nasridinov, brother of Obidkhon Nazarov's wife, had reportedly been arrested on
17 March and was held in Namangan prison. All three had allegedly been charged
with “attempting to overthrow the constitutional order of Uzbekistan”.
1134. On 30 April 1999, the Special Rapporteur sent an urgent appeal on behalf
of Rustam Mamatkulov and Zeyniddin Askarov, who had been forcibly returned to
Uzbekistan from Turkey on the night of 26 March 1999 and were allegedly held
“incorimunicado” in an uncertain place, probably in or near Tashkent. Both were
said to be supporters of Erk and were reportedly arrested in connection with the
series of bomb explosions in Tashkent in February.
1135. On 14 July 1999, the Special Rapporteur sent a joint urgent appeal with
the Special Rapporteur on extrajudicial, summary or arbitrary executions on
behalf of Bakhadir Ruzmetov. On 10 July 1999, he had forcibly been returned to
Uzbekistan from Russia for allegedly participating in the series of explosions
in Tashkent in February. After an alleged unfair trial, six individuals were
reportedly sentenced to death on 28 June 1999 for their involvement in the
February borcJDings.
E/CN. 4/2000/9
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1136. On 15 July 1999, the Special Rapporteur sent an urgent appeal on behalf
Ismail Adylov, a human rights activist, who had been detained on 10 July 1999 by
two officers, dressed in plain—clothes, from the Ministry of Internal Affairs
(MVD) . He was allegedly detained for his activities as a mer er of the
Independent Human Rights Organization of Uzbekistan (NOPCHU) and the Birlik
(Unity) . Although he had reportedly received hospital care for chronic kidney
disease, he was in need of further medical attention. He had reportedly been
released from the hospital, but was detained a week later at an unknown
location.
Observations
1137. The Special Rapporteur notes and shares the concern of the Corimittee
against Torture, in its review of the periodic report of the country under the
Convention against Torture, at “the particularly large number of complaints of
torture or maltreatment and the small number of subsequent convictions”
(CAT/C/23/7, para. 5)
Venezuela
UrQent a inieals and replies received
1138. On 10 February 1999, the Special Rapporteur transmitted an urgent appeal
on behalf of Juan Bautisat Moreno, Edgar Carvajal and oscar Cáceres who were
reportedly detained between 27 and 29 January 1999 and held in theatre of
operations No. 1, State of Apure. It seems that they were detained in connection
with an alleged case of abduction that took place in December 1998. According to
the information received, Asdrübal Lozado, Wilfredo Bracho and the 16—year—old
Claudio Rivas Espinosa, of Guafitas, were detained at the same time and for the
same reason and were also held in theatre of operations No. 1 until their recent
release. These persons were allegedly tortured during their detention. The
Government Procurator is said to have been informed.
1139. By letter dated 8 March 1999, the Government replied to this urgent
appeal, pointing out that Juan Bautisat Moreno was detained on two occasions,
firstly, on 6 August 1994 by the Venezuelan Army, who seized from him a sketch
showing the location of various CORPOVEN boreholes and some pieces of cable of
the kind used for detonating explosives, and, secondly, on 28 November 1996 by
officials of the Sectional General Directorate of the Intelligence and
Prevention Services for collaborating with ColorcJiian subversion.
1140. On 15 February 1999, the Special Rapporteur transmitted an urgent appeal
on behalf of Guismoldo Eregua, who was reportedly detained between 27 and
29 January 1999 and held in theatre of operations No. 1 in Guadalito. He appears
to have been detained in connection with an alleged case of abduction of
engineers working for the Venezuelan national oil company that took place in
December 1998. It should be noted that Guismoldo Eregua was detained in the same
circumstances as and together with the persons on whose behalf the Special
Rapporteur transmitted the urgent appeal dated 10 February 1999.
1141. On 12 October 1999, the Special Rapporteur and the Special Rapporteur on
extrajudicial, summary or arbitrary executions sent a joint urgent appeal on
behalf of José Asdrubal Rios Rojas who on 17 May 1999 was standing at the door
of his home in Barrio Isaias Medina Angarita, in Caracas, when a Metropolitan
Police team arrived to carry out a search in the house of a neighbour. According
E/CN. 4/2000/9
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to the information received, when they had finished, one of the officials
present ordered him to come over and when he refused three officials allegedly
went to find him and gave him a beating in the presence of his wife and
children. The police reportedly asked him what he had seen during the search and
when he refused to reply motorized officers of the Metropolitan Police
belonging, according to the source, to the Antonio José de Sucre Motorized
Brigade took him to the police post in Barrio Nuevo Horizonte.
Follow—un to previously transmitted corimunications
1142. By letters dated 26 May 1996 and 5 November 1998 and urgent appeal dated
13 October 1997, the Special Rapporteur called the Government's attention to the
case of Felix Faria Arias, who was reportedly arrested and tortured by members
of the Directorate of Intelligence and Prevention Services on 8 March 1997 in
Baruta, near Caracas (see E/CN.4/1998/31/Add.1, para. 467) . By letters dated 18
May and 18 December 1998, the Government informed the Special Rapporteur that
Felix Faria Arias was a suspected member of the guerrilla group Bandera Roja
and, according to the information supplied by the National Human Rights
Corimission, verified by the Government Procurator's Office, was not currently
being detained and had not been subjected to torture. Mr Faria Arias, a member
of the Human Rights Commission of the Central University of Venezuela, was
preparing his bachelor of sociology thesis and did not wish to institute
proceedings, after having dropped the complaint he initially lodged with the
Government Procurator's Office (under Venezuelan law, a private complaint is
required before officials can be sanctioned for torture)
1143. On 30 October 1996, 26 May 1997 and 5 November 1998, the Special
Rapporteur transmitted to the Government communications received concerning
alleged cases of torture in Venezuela. By letter of 11 Decer er 1998, the
Government replied to several of these cases (all these are included in the
report E/CN.4/1997/7/Add.1, para. 545), providing the information surimarized
below.
1144. Luis Escobar Ugas was allegedly arrested and tortured on three occasions
between October 1995 and May 1996 by men presumed to be plain—clothes police
officers. The Government informed the Special Rapporteur that, in connection
with the events of 29 April 1996, it had commissioned Prosecutor No. 36 of the
Public Prosecutor's Office for the Metropolitan District of Caracas, who had
ordered a medical examination and the necessary investigations.
1145. Luis Javier Rivero Olivares was reportedly tortured by members of the
Technical Judicial Police (PTJ) in Maiquetia on 8 February 1995. According to
the Government, since 11 March 1998 the case has been in the hands of Prosecutor
No. 2 of the Public Prosecutor's Office for the municipality of Vargas in the
Federal District, who has not yet been able to establish what actually occurred
due to lack of information.
1146. Américo Guzmán was allegedly arrested and tortured on 16 May 1996 in the
parish of El Valle by two individuals suspected of belonging to the police.
Since 11 March 1998, Prosecutor No. 82 of the Government Procurator's Office for
the Caracas Area has been in charge of the investigation, but it has been
impossible to establish what actually occurred for lack of information.
1147. Asdrübal Fernández was allegedly arrested and tortured by members of the
PTJ on 22 March 1996 in Guasdualito, State of Apure. On 29 March 1996, a
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complaint was lodged in connection with this case against three officials
assigned to the PTJ, Guasdualito District; the proceedings are currently in the
examination stage.
1148. Danny Ojeda Arrieta was allegedly arrested and tortured on 3 February
1996 by members of the Armed Forces of Cooperation (National Guard) assigned to
La Chinita International Airport in Maracaibo, State of Zulia, dying two days
later. The Government informed the Special Rapporteur that this case had been
referred to the military courts for investigation.
1149. Julio José Nünez Pineda was allegedly arrested and tortured on 12 May
1996 by two plain-clothes police officers of the Special Brigade in Pampán,
State of Trujillo. According to the Government, a complaint was lodged against
the two officials on 21 May 1996 before the ordinary criminal court of the State
of Trujillo. On 16 June 1997, the court ordered that the investigation be kept
open, since although the arresting officials had been identified, there was
still not sufficient evidence of torture.
1150. Victor Diaz Ojeda was reportedly arrested on 19 February 1996 and
allegedly tortured by members of the National Guard and the PTJ in the State of
Apure. According to the Government, there was never any complaint of
maltreatment. The detainee merely said that he had health problems and asked for
the investigation to be speeded up. The public prosecutor ordered a medico—legal
examination which failed to produce anything of significance. Victor Diaz was
acquitted on 26 February 1996 and released.
1151. Baudillo Contreras and others were allegedly subjected to torture by
mer ers of the National Guard on 16 November 1995 in Santa Barbara, State of
Barinas. An investigation into the case was opened on 22 November 1995 in
respect of a captain and a lieutenant in the National Guard. On 11 March 1998,
the First Criminal Court of First Instance of the State of Barinas consolidated
the existing proceedings and a decision is awaited.
1152. José Anicasio Rojas was allegedly arrested and tortured by mer ers of the
PTJ on 21 January 1996 in Guasdualito, State of Apure. The medical examination
to which he was subjected the next day revealed evidence of various injuries and
charges were laid against three officials of the CPTJ. Despite two requests by
the public prosecutor for the investigation proceedings to be expedited, on
13 February 1997 and again on 21 January 1998, it was still open.
1153. Clodomiro Rivas Lopez and Francisco Garcia Boada were allegedly arrested
and tortured on 16 May 1996 by PTJ officials in Tumero, State of Aragua. Upon
being medically examined, both showed evidence of injuries and charges were
brought against two officials of the PTJ on 15 August 1996. On 14 February 1997,
the Criminal High Court of the First Circuit of the State of Sucre declared the
case closed on the grounds that the alleged acts were not criminal in nature.
Prosecutor No. 1 of the Public Prosecutor's Office in Sucre applied for a review
of this decision on 20 February 1997.
1154. Jesus Diaz, aged 16, was allegedly arrested and tortured on 27 January
1995 by members of the National Guard in Antimano, Caracas. After a medical
examination revealed injuries, on 16 March 1998 Prosecutor No. 15 for juveniles
in Caracas laid an information before the Fifth Criminal Court of First Instance
of Caracas, where the case was being investigated.
E/CN. 4/2000/9
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1155. Jairo A. Carrasquel, a minor, was allegedly arrested and tortured on
12 February 1996 by members of the PTJ in Guasdualito, State of Apure. The
Government provided information on the entire procedure to which the minor had
been subjected for the alleged offence and on his surrender, on 28 February
1996, to his legal representative under a regular visiting regime. According to
the inquiries which the Government had made with the prosecution service and the
Coordinator of the local Human Rights Committee, no complaints of torture had
ever been made.
1156. Josué Domingo Cuburuco was allegedly arrested on 20 February 1996 by
National Guard personnel in El Amparo, State of Apure. The Government reported
that he was being detained by Police Detachment No. 2 of the Páez District by
order of the Criminal Court of First Instance of the State of Apure, which was
trying his case. A medical examination had not revealed any signs of ill—
treatment.
1157. Anibal Ernesto Medina Lares is reported to have died on 29 Septer er 1995
in Nirgua, State of Yaracuy, as a result of ill—treatment at the hands of
mer ers of the National Guard. According to the Government, the body was exhumed
and there was sufficient evidence to appoint a special examining magistrate. On
13 August 1997, the Fourth Criminal Court of First Instance of the State of
Yaracuy issued a detention order against four officials of the National Guard
suspected of homicide and against four police officers suspected of concealment.
On 28 August 1997, the Court released the four police officers on bail.
1158. Andrés Eloy Blanco, along with others, was allegedly arrested and
tortured on 5 October 1995 by mer ers of the Theft Division of the PTJ in
Caracas. After the case had passed through various stages of investigation and
charges had been brought against seven officials of the PTJ (an inspector, a
subdirector, a detective, three police officers and a fingerprint specialist)
it was referred to Prosecutor No. 35 of the Public Prosecutor's Office in
Caracas. A final judgement had not yet been handed down due to the failure of
the persons concerned to respond to a summons to make a statement before the
Court on 3 July 1997.
1159. Daniel José Urbano Frisneda, who suffers from partial paralysis, was
allegedly arrested and tortured on 6 Nover er 1995 by mer ers of the National
Guard in Catia, Caracas. On 11 Nover er, after five days during which his family
did not know where he was, he was reportedly taken to Catia detention centre,
where he is said not to have received medical attention and to have been made to
sign a document he was not allowed to read. In connection with this same case,
in addition to the letters mentioned above, on 28 November 1995 the Special
Rapporteur sent an urgent appeal. According to the Government, Urbano could not
have been made to sign any document since he had made a statement before
Prosecutor No. 80. Nor was he in the Catia detention centre and approved school
since the competent authority was the La Vega police detention centre in La Vega
parish. There was no record of any complaint about ill—treatment by the person
concerned or his family or evidence of his requesting medical attention. Urbano
had been subjected to a psychiatric medical examination which had failed to
reveal any indication of ill—treatment.
1160. The Government acknowledged that the La Vega police detention centre was
in a seriously run—down state and noted that remedial action was being taken.
E/CN. 4/2000/9
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1161. Fabio Perez was allegedly arrested and tortured by a National Guard
lieutenant on 10 February 1995 in Atabapo, State of Amazonas. The Government
reported that a medical examination had revealed eye injuries and the complaint
lodged with the magistrate in San Fernando de Atabapo had been referred to
Prosecutor No. 1 of the State of Amazonas on 13 April 1998, with a view to his
taking the action necessary to ascertain the present state of the proceedings.
1162. Buenaventura Lopez Serrano was allegedly arrested and tortured by mer ers
of the Technical Centre of the Judicial Police in Páez, State of Apure, on 4
February 1996. According to the Government, he was released on 21 February 1996
and there had been no complaints of ill—treatment.
1163. Ramón Molina Castro was allegedly arrested and tortured by mer ers of the
PTJ on 2 May 1996, in Caracas. According to the information provided by the
Government, a complaint was lodged against an inspector, seven detectives and
two police officers assigned to the CPTJ's Anti—Theft Division. The case was
still in the investigatory stage because the alleged assailants had not shown up
to make a statement on 4 April 1998.
1164. By the same letter, the Government provided information concerning cases
to which it had already replied on 17 June 1997 relating to the following (for
all these see E/CN.4/1997/7/Add.1, para. 545 and E/CN.4/1998/38/Add.1,
paras. 468—471): Kleiner Alvarado Rodriguez, whose case was assigned to
Prosecutor No. 9 for juveniles of the Public Prosecutor's Office in Caracas on
11 March 1998, although lack of information was making it difficult to throw
light on this case; José Felix Rivas, who had not complained of ill—treatment
and whose detention particulars do not appear in the records of the Intelligence
Division of the Metropolitan Police, the unit which, according to the
Government's previous information, was responsible for his detention and the
investigation of the case; and Jonathan David Rodriguez, in connection with whom
no complaint for ill—treatment had come to light.
1165. By letter dated 5 Nover er 1998, the Special Rapporteur corimunicated to
the Government various cases of torture and ill—treatment alleged to have taken
place in Venezuela. By letter dated 18 December 1998, the Government provided
the following information on these cases.
1166. Wilfredo Alvarado was allegedly arrested and tortured on 16 July 1997 in
Barguisimeto, State of Lara, by members of the National Guard (see
E/CN.4/1999/61, para. 774) . The Government reported that there had been no ill—
treatment during his detention since, on 17 July 1997, he was handed over to the
Prefecture of the Irribaren Autonomous Municipality, State of Lara, in perfect
physical condition and had never lodged any complaint with the competent bodies.
1167. Arnold Blanco, aged 15, was allegedly arrested on 13 July 1996 and
tortured at the PTJ juvenile detention centre in Caracas (see E/CN.4/1999/61,
para. 769) . According to the Government, the investigation of his case was
supervised by the Sixth Prosecutor for juveniles to whom he confessed that he
had inflicted wounds on himself in order to be brought quickly before a juvenile
court. On 23 July 1996 he was transferred to the Centro Ciudad de Caracas for a
decision by the Fifth Juvenile Court.
1168. Luiris Elena Flores Acosta, aged 16, was reportedly arrested and tortured
by mer ers of the PTJ on 14 March 1996 in Ocumare del Tuy (see E/CN.4/1999/61,
para. 768) . According to the information provided by the Government, she
E/CN. 4/2000/9
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remained in the Juvenile Annex of the Ocumare del Tuy State police station's
juvenile section, while the suspected theft which led to her detention was being
investigated. When the legal detention period expired, she was handed over to
her legal representative, who was required to produce her to the First Juvenile
Court, when so requested.
1169. Yuraima Lara was allegedly arrested and tortured on 16 October 1997 in
Petare by members of the local police force of Sucre, State of Miranda, the ill—
treatment having allegedly been inflicted in the barracks of the Directorate of
Intelligence and Prevention Services (DISIP) (see E/CN.4/1999/61, para. 773).
According to the information provided by the Government, Yuraima Lara made a
statement to the DISIP in the presence of a public prosecutor, having herself
refused to prefer charges against those who had detained her.
1170. Sisco Torbello Cordero was allegedly arrested and tortured on 20 March
1998 by members of the PTJ in Barquisimento, State of Lara (see E/CN.4/1999/61,
para. 775) . The Government reported that, having been taken to PTJ Detachment
No. 5 in Barquisimento, he declared before a prosecutor that he had not been
ill—treated. However, on 25 March 1998, medical examinations indicated that
Sisco Torbello had suffered injuries. The General Directorate of Human Rights of
the Procurator General's Office had urged the Fifth Prosecutor to open an
investigation.
Observations
1171. The Special Rapporteur appreciates the detailed and informative responses
to the recorimendations contained in the report of his visit to the country (see
E/CN.4/1997/7/Add.3, and Addendum 1 to the present report) . He considers that
the new legal protections for persons deprived of liberty in the Organic Code of
Criminal Procedure (COPP) are exemplary and should go far towards restricting
opportunities for torture and similar ill—treatment to take place. He
particularly welcomes the right of access to a lawyer from the moment of
detention and the obligation to produce the detainee before a judge within
48 hours thereof. The provision that only a statement made before a judge will
now have probative value is an important protection. The substantial restriction
of the “nudo hecho” proceeding in relation to acts corimitted by public officials
is also an important contribution to avoiding impunity in respect of abuses by
such officials. The clarification of judicial responsibility for inspecting
prisons is also a valuable step. Independent inspection of places used for
detention before transfer to a prison, especially police stations, is a measure
that, if implemented, should act as a further safeguard against abuse.
1172. The Special Rapporteur nevertheless remains concerned at the wall of
judicial impunity disclosed by the Government's responses (for which he is also
grateful) on previously transmitted cases and as noted by the Committee against
Torture in the conclusions and recorimendations on its review of the periodic
report of the country under the Convention against Torture (A/54/44, para. 137)
Yemen
UrQent a inieals and replies received
1173. On 11 January 1999, the Special Rapporteur sent an urgent appeal with the
Special Rapporteur on extrajudicial, summary or arbitrary executions and the
Special Rapporteur on the independence of judges and lawyers on behalf of Abu
E/CN. 4/2000/9
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al-Hassan al-Medhar, Ahmed Mohammad All Atif and Sa'ad Moharimad Atif, reportedly
arrested In connection with the kidnapping of 16 tourists which led to an armed
clash in which several persons were killed. They were allegedly held in
incommunicado detention, some in shackles. It was further reported that Moshin
Ghalain, Shahid Butt, Malik Nassar Harhra, Ghulam Hussein and Samad Ahmed, all
British citizens, as well as others whose names were not known, had been
arrested in late December 1998 under suspicion of planning bomb attacks in Aden
and having contacts with the group suspected of the above-mentioned kidnappings.
Some of these persons had reportedly been tortured and held in incommunicado
detention.
1174. On 16 September 1999, the Special Rapporteur sent a joint urgent appeal
with the Chairman-Rapporteur of the Working Group on Arbitrary Detention on
behalf of Omar Ibrahim Dagah, who had reportedly been arrested on 27 August 1999
by the Political Security Branch of the security forces after an explosion in
the Tuwahi area of Aden. Since then, he had been held in incommunicado
detention. He was reportedly held in shackles and handcuffs and looked weak and
exhausted. On 15 September, his family had reportedly learnt from security
officials that he had confessed to carrying out the bombing and that he would
soon appear in court.
YuQoslavia (Federal Republic of)
ReQular communications and replies received
1175. By letter dated 19 November 1999, the Special Rapporteur advised the
Government that he had received information of violence, including beatings, in
connection with a demonstration in Pec on 18 March 1998. Around 97 people were
allegedly beaten by the police on the day of the demonstration, at a nur er of
locations, including an area near the railway line where police allegedly
stopped the gathering demonstrators from entering the town to join the protest.
In particular, the Special Rapporteur received information on the following
case.
1176. Besa Gaxhere, a member of the Women's Forum of the Democratic League of
Kosovo, had reportedly joined several thousand citizens in a series of
demonstrations supposedly called to protest the killings of dozens of people in
the Drenica area of Kosovo province. A large group of police reportedly suddenly
rushed at the crowd and allegedly began to beat them. She reportedly sustained
blows from truncheons and was punched by policemen who allegedly blamed her for
organizing the protests.
1177. The Special Rapporteur has further been advised of alleged police
violence directed towards some of the people who attended a demonstration on
19 March 1998 in the centre of Kosovka, Mitrovica. Four men were stopped by
police and beaten as they entered the town to take part in the demonstration. At
least one of the men was reported to have been seen walking with difficulty as a
result of his injuries.
1178. The Special Rapporteur has also received information of the alleged
beating and detention of demonstrators in Leskovac on 6 June 1999. The
demonstrators were reportedly protesting for the release of Ivan Novkovic, who
had been sentenced to 30 days in prison on 5 June 1999, supposedly for arranging
an anti—governmental protest without giving advance warning to the authorities.
E/CN. 4/2000/9
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Police in riot gear allegedly beat demonstrators in order to disperse the
demonstration.
1179. On 9 November 1999, a large number of persons, including Ivan Markovic, a
student, Predrag Milosavljevic and Olivera Obradovic, who were peacefully
protesting against the Government were reportedly injured by the police. Most of
the persons injured are reported to be students or media workers.
1180. The following specific cases have been transmitted to the Government by
the Special Rapporteur with respect to a demonstration which reportedly took
place on 18 March 1999 in Pristina. Vlora Maliqi was allegedly struck down and
beaten by police. She was allegedly beaten by six policemen who kicked her all
over her body, pulled out her hair and then turned her over to hit her on her
back and stomach. The resulting injuries she was reported to have sustained
included bruises to her face, back, legs and arms. Naser was reportedly stopped
by police when he was returning home from the same demonstration. He was
reportedly taken by police officers to a school building, where he was allegedly
beaten by police using truncheons. Bruises over his body, including his back,
consistent with his allegations were reportedly still visible a few days later.
1181. The Special Rapporteur also transmitted information on the following
individual cases which are summarized below.
1182. Besim Rama and Avni Nura were reportedly detained by the police on
17 Septer er 1996. They were allegedly tortured while they were questioned by
investigating magistrates. In addition, Besim Rama's brother, Osman Rama, was
reportedly bundled into a car and taken to an unknown location, where he was
allegedly beaten and questioned by the police about his brother's political
activities. He was later released and then detained again for a further six
days' interrogation, during which he was allegedly tortured before being
released.
1183. Jonuz Zeneli was reportedly arrested on 30 April 1997 and indicted on
charges of terrorism. On 16 October 1997, before his trial was to commence, he
died in Belgrade Central Prison. He had reportedly been transferred there from
the prison hospital in Lipljan. He had been in hospital because of kidney pain
allegedly caused by torture in prison.
1184. Nait Hasani was reportedly arrested by police in Pristina on 28 January
1997. He was later transferred by police to a hospital in Pristina as he was in
a coma caused by alleged police beatings. He was later reportedly abducted from
the hospital by police on 31 January 1997 and taken to an unknown location,
where he was allegedly tied to a bed and tortured by police by electric shocks
and other ill-treatment. He was reportedly brought before an investigating
magistrate on 28 February, whom he told that he had been tortured by police.
1185. Ferdian Iberdemaj, aged 16, from Pec in Kosovo, was reportedly taken by
the police to the hills near Brestovik village on 2 September 1997. He was
allegedly beaten by the police with rubber pipes and truncheons while he was
held for several hours.
1186. Ismet Gjocaj was reportedly stopped on 21 Nover er 1997 by a police
patrol as he and a friend were cutting wood near the border between Kosovo and
Albania. He was allegedly threatened by the police and then taken to his home,
which the police reportedly proceeded to search. He was then reportedly ordered
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by the police to report to the police station on 25 Nover er. On that day, he
reported to the police and made a statement about what had happened to him on
21 November 1997. He died on 27 November. Photographs of his body reportedly
indicate that his body had freshly-inflicted multiple bruising, predominately to
the back, buttocks and arms. This bruising was allegedly inflicted with a baton,
truncheon or similar object; and the majority of the wounds were inflicted from
behind.
1187. Five men, including Mehmet Memcaj, were arrested in and around Prizren on
27 or 28 February 1998 and taken into custody. They were reportedly accused of
having placed a bomb in Prizren, possessing and smuggling arms and being mer ers
of an organization called the National Movement for the Republic of Kosovo. They
were denied access to their lawyers until 3 March and were still then unable to
speak with them confidentially. While in prison, they were allegedly tortured by
police officers with electric shock batons to extract confessions from them,
allegedly because they had given “incomplete statements” to investigating
magistrates.
1188. Soko Rugovac was reportedly stopped by the police in Pec in Kosovo on
12 April 1998, while taking a taxi from the bus station to his aunt's house. He
was reportedly taken to the main police station, where he was lead to the
basement. When he was being interrogated by police, he reportedly admitted that
he had voted for Milo Djukanovic at the Montenegrin parliamentary elections held
in May 1997. The police allegedly branded the letters “MILO” on his chest with a
hot iron, cut lines on his chest with a knife, and punched and slapped him.
Following the incident, the Montenegrin Ministry of the Interior supposedly
issued a protest to the equivalent Serbian Ministry, calling for action against
the police officers involved. In subsequent newspaper reports, apparently the
Pec police station had claimed the whole story was invented by Montenegrin
police.
1189. Arsim Krasniqi was reportedly arrested on 30 April 1998 while carrying
out his work as a street sweeper in Pristina. The police first questioned him
about the Kosovo Liberation Army and then kicked and beat him with truncheons on
the street. The beating reportedly continued when he was later taken to the
police station. At the police station he was also reported to have been
handcuffed to a radiator while police allegedly tortured him by carving out a
cross on his chest.
1190. Besa Arllati, Chairperson of the Information Commission of the Djakovica
Branch of the Democratic League of Kosovo, was reportedly arrested by two police
inspectors on 26 May 1998 and subsequently taken to the local police
headquarters. They reportedly gave no reason for her arrest. The Chief Inspector
allegedly lost his temper and began to hit her violently, drawing blood. He then
reportedly questioned her about the whereabouts of various ethnic Albanians. She
was reportedly then taken to a cellar fouled by urine and faeces, where she was
left for 30 hours and where she was allegedly ordered to stand up every hour.
She was reportedly released the following day with orders to return the next
day. On that day, she was detained until mid-day, during which time she was
allegedly subjected to verbal abuse and questioning about the activities of the
Democratic League of Kosovo. Upon her release she reportedly sought medical
attention, complaining of headaches and dizziness.
1191. Qamil Khemajli was arrested in Kosovo on 31 January 1997 by the police.
He was reportedly interrogated about arms which he had allegedly used to kill
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police officers. When he denied possessing any such weapons, the police
allegedly punched him on the face and body. He was reportedly later taken to the
police station in Urosevac, where the police allegedly chained him to a metal
cupboard and beat him. One and a half days later he was reportedly transferred
to Gnjilane prison, where he was allegedly further beaten by the police before
being released. Medical reports two weeks later confirmed that he had a broken
rib and bruises to his head and body.
1192. Dr. Aferdita Zuna, Suzana Caprigi and Linda Salihu, members of the staff
of the University of Pristina, who were reportedly holding regular end—of—term
meetings to discuss routine administrative matters on 10 June 1998, were
allegedly beaten by police officers with rubber truncheons and long batons as
they attempted to leave the building which a group of police had allegedly burst
into. The majority of the blows were reported to be directed at their heads and
bodies. Later, medical treatment was reportedly sought for the injuries, which
were said to include bruising, wounds, fractures and shock.
1193. By the same letter, the Special Rapporteur reminded the Government of a
nur er of cases transmitted in 1998 and 1997, regarding which no reply had been
received.
Zambia
ReQular communications and replies received
1194. By letter dated 29 November 1999, the Special Rapporteur advised the
Government that he had received information according to which law enforcement
officials have used excessive force to disperse peaceful demonstrations. In
particular, the Special Rapporteur has received information according to which
on 13 August 1997, street vendors began a public protest after their stalls were
burnt down by unknown arsonists in the makeshift “Soweto Market” in the downtown
area of Lusaka. Hundreds of heavily armed paramilitary police officers allegedly
began to beat both rioters and uninvolved passers—by with batons and fired tear
gas canisters at groups of people found in the downtown area. The officers
allegedly continued the assaults in Chibolya, Misisi and John Howard townships
near the “Soweto Market” upon anyone they found. Jane Mwamba, a vendor,
reportedly fell down while trying to run with her baby. A policeman allegedly
kicked her repeatedly to the extent that she could no longer walk. It is alleged
that the police were so brutal that two rioters were beaten to death. According
to the information received, no police officers were disciplined or prosecuted
in connection with the injuries and alleged deaths of the street vendors during
the police operation.
1195. The Special Rapporteur has also transmitted the following cases.
1196. Several persons from in Limalunga village, near Mongu city in the Western
Province, were reportedly arrested after the alleged killing by the police of
Milupi Sitwala and Kalumiana Muyangwa Libuku on 11 February 1998. After angry
villagers reportedly vandalized the Limalunga police post by breaking windows
and starting a fire, officers arrived from Mongu police post in riot gear, and
reportedly started to beat about 30 villagers with their rifle butts and short
batons. The officers broke the left arm of one villager, Josias Imasiku Mushala,
and bayoneted him in the left foot three times, then allegedly denied him
medical attention for eight days. Police officers arrested about a dozen persons
and took them to Mongu police post, where Masiye Lowendo and Siseho Sinaali and
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at least two others were allegedly tortured every night by beatings with a
spanner, a hand axe, a metal gear shaft and short batons. After reportedly
holding the detainees for four nights in overcrowded cells without water, food
or medical treatment, nor access to family members or lawyers, the police
finally allowed them to have a meal and to meet with their lawyers on
15 February 1998. Most of the detainees were eventually released on bail on
19 February 1998. Only then did the injured men receive medical care. A police
inspector—general reportedly intervened to have Kalumiana Muyangwa Libuku flown
to Lusaka for treatment for a gunshot wound to his stomach. He was later
returned to Limalunga by ar ulance at police expense. The inspector—general
reportedly ordered an investigation after media reports of the incident
conflicted with the local commanding officer's account. On 4 August 1998, one
police constable involved appeared in court on charges of murdering Milupi
Sitwala, but frequent adjournments delayed the start of the trial until
22 February 1999. However, the State reportedly began the trial of four
Limalunga villagers in 1998, prosecuting Siseho Sinaali and three others for
allegedly assaulting police officers and damaging the police post in Limalunga.
Despite an internal police investigation into the incident, none of the
approximately 50 officers involved in the alleged beatings of the villagers have
reportedly been disciplined or charged with any offence.
1197. Evans Kapaso was reportedly arrested on 7 August 1997 by two constables
from Mungwi police post in Mungwi district. He was allegedly beaten on his chest
and hand with a heavy wooden pestle ( Umwinshi ) . He had reportedly been arguing
with a police constable over the cost of a live chicken. He reportedly went to
the police station to lodge a complaint and obtain a “medical report” form
issued by the police for treatment. Without this form it is unlawful for an
individual to be treated by a medical practitioner for injuries. He was
reportedly arrested by the officer on duty who accused him of assaulting a
fellow officer. Upon taking him into a police cell, the officer on duty
allegedly ordered five other detainees to hold Evans Kapaso down and he was then
allegedly beaten with a pounding stick on his chest. He reportedly vomited
blood. He was eventually released the following day, after his wife allegedly
paid a 20,000 Zambian Kwacha bribe to the police officers to release her
husband. The police reportedly refused to provide him with a medical report
form, so he only received medical attention after the intervention of a district
official of the ruling party, who threatened to take action against the officer
in charge of Mungwi police post. A medical professional at the Rural Health
Centre in Mungwi reportedly noted that Evans Kapaso had “general body pains
especially to the chest because of having been beaten by someone” . The local
authorities - the Joint Council and Ward Development Committee - reportedly
wrote a letter to the Commanding Officer of the Northern Division of the police
service on 11 September 1997. Both constables who allegedly tortured Evans
Kapaso were reportedly transferred to other police posts in the province and
have not been disciplined or prosecuted. The police have reportedly made no
attempt to investigate the allegations.
UrQent a inieals and replies received
1198. On 12 March 1999, the Special Rapporteur sent a joint urgent action with
the Special Rapporteur on the promotion and protection of the right to freedom
of opinion and expression on behalf of Amos Malupenga, Goodson Machona, Brighton
Phiri, Joe Kaunda, Kelvin Shimo and Lubasi Katundu, all journalists with the
independent Post newspaper, who had reportedly been arrested on 9 and 10 March
1999. Lubasi Katundu and Kelvin Shimo were said to be detained at Woodlands
E/CN. 4/2000/9
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police station in Lusaka, and Joe Kaunda was said to be detained at Chilanga
police station, outside Lusaka. Amos Malupenga, Goodson Machona and Brighton
Phiri have been held in incommunicado detention in an unknown place since their
arrest. All the journalists are believed to have been arrested in connection
with a lead article on the low military capabilities and unprepared state of the
ZarcJiian army in the face of a possible threat from Angola.
Zimbabwe
ReQular communications and replies received
1199. By letter dated 6 October 1999 sent with the Special Rapporteur on the
promotion and protection of the right to freedom of opinion and expression, the
Special Rapporteur advised the Government that he had received information on
the following cases.
1200. Mark Chavunduka, editor of the independent Sunday newspaper, The
Standard , was reportedly arrested on 12 January 1999 by the military police in
Harare and detained incommunicado for six days at Cranborne military barracks.
Ray Choto, chief reporter for the same newspaper, was reportedly arrested on
19 January 1999 by the police. It is alleged that they were arrested in
connection with an article published on 10 January 1999 regarding the arrest of
23 military officers for plotting a coup in December 1998. Both journalists have
reportedly sustained serious injuries as a result of torture suffered during
their detention at the military police station. They were allegedly beaten with
fists, wooden planks and rubber batons, and subjected to electric shocks. Both
were reportedly released on 21 January 1999.
UrQent a inieals and replies received
1201. On 9 February 1999, the Special Rapporteur sent an urgent appeal on
behalf of Grace Kwinjeh, a journalist, and Dr. Ibbo Mandaza, publisher of the
ZircJiabwe Mirror newspaper. They had reportedly been arrested on 8 February 1999
by the Criminal Investigation Division (CID) of the Zimbabwe Republic Police.
Both, as well as Fernando Goncalves, an editor, and Ferai Mungazi, a former
editor, were said to have been charged with allegedly publishing a false report
“likely to cause fear, alarm or despondency among the public” . The charges are
in connection with an article published in the Zimbabwe Mirror on 30 October
1998 which reported that a ZircJiabwean family had received just the head of their
son, a soldier in the Zimbabwe National Army killed in the Democratic Republic
of Congo, where the army is deployed.
Information transmitted to the Palestinian Authority
ReQular communications
1202. By letter dated 24 November 1999, the Special Rapporteur advised the
Authority that he had received information on the following case.
1203. Fathi Subuh, a university lecturer at al—Azhar University in Gaza, was
reportedly arrested by the Preventive Security Service (PSS) on 2 July 1997.
According to the information received, the previous month he had set the
questions for an examination for his Critical Thinking course at the university.
Two questions asked students to write about corruption in the Palestinian
Authority and in the university. He was allegedly initially detained
E/CN. 4/2000/9
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incommunicado in the Tel al—Hawa Prison under PSS in Gaza. He was allegedly hung
from behind by his hands with his feet off the ground, forced to balance for
long periods on his toes, and was allegedly beaten and deprived of sleep. He was
reportedly released on 26 November 1997.
1204. By the same letter, the Special Rapporteur reminded the Authority of a
nur er of cases transmitted in 1998, regarding which no reply had been received.
UrQent a eals
1205. On 10 March 1999, the Special Rapporteur sent an urgent appeal on behalf
of Bilal Yehya Al-Ghoul, a 15-year-old student. On 12 February 1999, he had
reportedly been arrested at his house in Moghraga, in the south of Gaza, by the
General Intelligence Services, and has since then been detained in incorimunicado
detention. It is alleged that his arrest is related to the fact that his father
escaped from a Palestinian prison on 11 Decer er 1998.
IV. CONCLUSIONS AND RECOMMENDATIONS
1206. In paragraph 20 of its resolution 1999/32, the Corimission encouraged the
Special Rapporteur to continue to include amongst his recommendations proposals
on the prevention and investigation of torture, taking into account information
received on training manuals, training activities and specialized devices aimed
at facilitating the practice of torture.
1207. As reported above (para. 7) , the Special Rapporteur participated in two
meetings at which the Manual on the Effective Investigation and Documentation of
Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (the
Istanbul Protocol) was adopted and further dissemination discussed. The Manual
is based on and closely follows the form and content of the Manual on the
Effective Prevention and Investigation of Extra—legal, Arbitrary and Surimary
Executions (ST/CSDHA/12, Sales No. E.91.IV.1) . The Special Rapporteur
understands that the Manual is to be in principle issued by the Office of the
United Nations High Commissioner for Human Rights in its Professional Training
Series, commends the Office for its initiative and hopes that it will be widely
disseminated in as many languages as possible.
1208. An appendix to the Manual contains “Principles on the effective
investigation and documentation of torture and other cruel, inhuman or degrading
treatment or punishment”. These principles are modelled on the paragraphs
dealing with investigation contained in the Principles on the Effective
Prevention and Investigation of Extra—legal, Arbitrary and Summary Executions,
adopted by the Economic and Social Council in its resolution 1989/65 and
endorsed by the General Assembly in its resolution 44/162 (1989) . They seek to
apply to the problem of torture the same principles of investigation — with
adaptations reflecting the specific subject—matter — as apply to extra—legal
executions. They do not break new ground.
1209. Accordingly, the Special Rapporteur commends these Principles, which are
annexed to the present report, to the attention of the Commission. He believes
that their utility could be further enhanced were they to receive the
endorsement of the Commission and, for that matter, of the Economic and Social
Council and the General Assembly, and he so recommends.
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Annex
PRINCIPLES ON THE EFFECTIVE INVESTIGATION AND DOCUMENTATION
OF TORTURE AND OTHER CRUEL, INHUMAN OR DEGPADING
TREATMENT OR PUNISHMENT
1. The purposes of effective investigation and documentation of torture and
other cruel, inhuman or degrading treatment (hereafter torture or other
ill—treatment) include the following:
(i) Clarification of the facts and establishment and
acknowledgment of individual and State responsibility for victims and
their families;
(ii) Identification of measures needed to prevent recurrence;
(iii) Facilitating prosecution and/or, as appropriate, disciplinary
sanctions for those indicated by the investigation as being responsible,
and demonstrating the need for full reparation and redress from the
State, including fair and adequate financial compensation and provision
of the means for medical care and rehabilitation.
2. States shall ensure that complaints and reports of torture or
ill-treatment shall be promptly and effectively investigated. Even in the
absence of an express complaint, an investigation should be undertaken if there
are other indications that torture or ill—treatment might have occurred. The
investigators, who shall be independent of the suspected perpetrators and the
agency they serve, shall be competent and impartial. They shall have access to,
or be empowered to commission, investigations by impartial medical or other
experts. The methods used to carry out such investigations shall meet the
highest professional standards, and the findings shall be made public.
3. (a) The investigative authority shall have the power and obligation to
obtain all the information necessary to the inquiry. The persons conducting the
investigation shall have at their disposal all the necessary budgetary and
technical resources for effective investigation. They shall also have the
authority to oblige all those acting in an official capacity allegedly involved
in torture or ill-treatment to appear and testify. The same shall apply to any
witness. To this end, the investigative authority shall be entitled to issue
summonses to witnesses, including any officials allegedly involved, and to
demand the production of evidence.
3. (b) Alleged victims of torture or ill—treatment, witnesses, those
conducting the investigation and their families shall be protected from
violence, threats of violence or any other form of intimidation that may arise
pursuant to the investigation. Those potentially implicated in torture or
ill—treatment shall be removed from any position of control or power, whether
direct or indirect, over complainants, witnesses and their families, as well as
those conducting the investigation.
4. Alleged victims of torture or ill—treatment and their legal
representatives shall be informed of, and have access to, any hearing, as well
as to all information relevant to the investigation, and shall be entitled to
present other evidence.
E/CN. 4/2000/9
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5. (a) In cases in which the established investigative procedures are
inadequate because of insufficient expertise or suspected bias, or because of
the apparent existence of a pattern of abuse, or for other substantial reasons,
States shall ensure that investigations are undertaken through an independent
corimission of inquiry or similar procedure. Members of such a commission shall
be chosen for their recognized impartiality, competence and independence as
individuals. In particular, they shall be independent of any suspected
perpetrators and the institutions or agencies they may serve. The corimission
shall have the authority to obtain all information necessary to the inquiry and
shall conduct the inquiry as provided for under these Principles 1.
5. (b) A written report, made within a reasonable time, shall include the
scope of the inquiry, procedures and methods used to evaluate evidence as well
as conclusions and recorimendations based on findings of fact and on applicable
law. On completion, this report shall be made public. It shall also describe in
detail specific events that were found to have occurred, the evidence upon which
such findings were based, and list the names of witnesses who testified, with
the exception of those whose identities have been withheld for their own
protection. The State shall, within a reasonable period of time, reply to the
report of the investigation and, as appropriate, indicate steps to be taken in
response.
6. (a) Medical experts involved in the investigation of torture or
ill-treatment should behave at all times in conformity with the highest ethical
standards and in particular shall obtain informed consent before any examination
is undertaken. The examination must conform to established standards of medical
practice. In particular, examinations shall be conducted in private under the
control of the medical expert and outside the presence of security agents and
other government officials.
6. (b) The medical expert should promptly prepare an accurate written
report. This report should include at least the following:
(i) Circumstances of the interview: name of the subject and names
and affiliations of those present at the examination; the exact time and
date; the location, nature and address of the institution (including,
where appropriate, the room) where the examination is being conducted
(e.g. detention centre, clinic, house, etc.); the circumstances of the
subject at the time of the examination (e.g. nature of any restraints on
arrival or during the examination, presence of security forces during the
examination, demeanour of those accompanying the prisoner, threatening
statements to the examiner, etc.); and any other relevant factor;
(ii) History: a detailed record of the subject's story as given
during the interview, including alleged methods of torture or
ill—treatment, the times when torture or ill—treatment is alleged to have
occurred and all complaints of physical and psychological symptoms;
(iii) Physical and psychological examination: a record of all
physical and psychological findings on clinical examination, including
1/ Under certain circumstances, professional ethics may require
information to be kept confidential. These requirements should be respected.
E/CN. 4/2000/9
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appropriate diagnostic tests and, where possible, colour photographs of
all injuries;
(iv) Opinion: an interpretation as to the probable relationship of
the physical and psychological findings to possible torture or
ill—treatment. A recommendation for any necessary medical and
psychological treatment and/or further examination should be given;
(v) Authorship: the report should clearly identify those carrying
out the examination and should be signed.
6. (c) The report should be confidential and communicated to the subject or
his or her nominated representative. The views of the subject and his or her
representative about the examination process should be solicited and recorded in
the report. It should also be provided in writing, where appropriate, to the
authority responsible for investigating the allegation of torture or
ill—treatment. It is the responsibility of the State to ensure that it is
delivered securely to these persons. The report should not be made available to
any other person, except with the consent of the subject or on the authorization
of a court empowered to enforce such transfer.
