Aadel Collection
Report of the Special Rapporteur, Sir Nigel S, Rodley, submitted pursuant to Commission on Human Rights resolution 1998/38
UNITED NATIONS
Distr.
Economic and Social GENERAL
Council
E/CN.4/1999/61
12 January 1999
Original: ENGLISH/FRENCH/SPANISH
COMMISSION ON HUMAN RIGHTS
Fifty—fifth session
Item 11 (a) of the provisional agenda
CIVIL AND POLITICAL RIGHTS, INCLUDING QUESTIONS OF: TORTURE AND DETENTION
Report of the Special Rapporteur, Sir Nigel 5, Rodley, submitted pursuant to Commission on Human Rights resolution 1998/38
CONTENTS
Paragraphs Page
I. MANDATE AND METHODS OF WORK . . . 3 - 4
II. ACTIVITIES OF THE SPECIAL RAPPORTEUR . . . 5 - 10
III. INFORMATION REVIEWED BY THE SPECIAL RAPPORTEUR
WITH RESPECT TO VARIOUS COUNTRIES 11 - 823
Introduction
1 — 2
4
4
5
6
Albania
13 — 31
6
Algeria
Angola
Argentina
Armenia
32 — 41
42
43 — 46
47 — 55
9
12
12
13
Australia
56 — 58
15
Azerbaijan
Bahrain
59 — 64
65 — 78
16
18
Bangladesh
Bhutan
79 — 83
84 — 85
23
24
Brazil
86 — 95
25
E
GE.99—10162 (E)
E/CN. 4/1999/61
page 2
CONTENTS ( continued )
Paraora hs
Paoe
Bulgaria
Burundi
Cambodia
Cameroon
Canada
Chad
Chile
China
Colombia
Congo (Democratic Republi
Cuba
Ecuador
Egypt
El Salvador
Equatorial Guinea
Ethiopia
France
Gambia
Georgia
Germany
Guatemala
Guinea—Bissau
Haiti
Honduras
Hungary
India
Indonesia
Iran (Islamic Republic of)
Ireland
Israel
Italy
Ivory Coast
Jamaica
Japan
Kazakhstan
Kenya
Kuwait
Kyrgyzstan
Lao People's Democratic Rep
Lebanon
Lesotho
Libyan Arab Jamahiriya
Malaysia
Mexico
Morocco
Myanmar
Namibia
Nepal
Niger
96
27
97 — 98
27
99 — 100
28
101 — 109
28
110
31
111
31
112 — 114
31
115 — 146
32
147 — 168
36
c
of)
169 — 179
39
180
41
181 — 189
41
190 — 239
42
240
50
241 — 248
50
249 — 251
52
252 — 253
52
254 — 259
53
260 — 267
54
268 — 279
55
280 — 284
57
285
58
286
58
287 — 288
58
289
59
290 — 315
59
316 — 360
65
361 — 368
77
369 — 371
79
372 — 394
80
395 — 397
85
398
86
399 — 403
86
404 — 411
88
412 — 425
91
426 — 437
93
438
95
439
95
•ublic
440
96
441 — 445
96
446
97
447 — 455
98
456 — 459
99
460 — 487
101
488 — 489
106
490 — 526
107
527 — 528
113
529 — 535
113
536
115
CONTENTS ( continued )
E/CN. 4/1999/61
page 3
ParaQra hs
Pa Qe
Nigeria
Pakistan
Paraguay
Peru
Philippines
Portugal
Republic of
Romania
Russian Fede
Rwanda
Saudi Arabia
Senegal
Sierra Leone
Spain
Sri Lanka
Sudan
Sweden
Switzerland
Syrian Arab
Thailand
Tunisia
Turkey
Uganda
Ukraine
United State
Korea .
.
.
ration .
.
.
Republic
s of Amen
United Kingdom of
Northern Ireland
Uzbekistan
Venezuela
Viet Nam . .
Yemen
Yugoslavia .
Zambia
Zimbabwe . .
Other communications: information
to the Palestinian Authority .
537 — 554
555 — 559
560
561 — 580
581 — 592
593 — 595
596
597 — 636
637 — 641
642 — 647
648 — 649
650 — 651
652 — 654
655 — 658
659 — 669
670 — 683
684
685
686 — 687
688 — 689
690 — 714
715 — 736
737
738
739 — 752
753 — 763
764 — 766
767 — 791
792 — 796
797
798 — 804
805 — 811
812
IV. CONCLUSIONS AND RECOMMENDATIONS . . . . . 824
Annex: Interim oral report by the Special Rapporteur
of the Commission on Human Rights on torture
to the General Assembly
ca .
Britain
115
118
119
119
122
125
125
126
136
137
138
139
139
140
141
143
146
146
147
147
148
154
159
160
160
164
167
168
172
173
173
175
176
and
Great
transmitted
813 — 823 176
179
180
E/CN. 4/1999/61
page 4
Introduction
1. The mandate of the Special Rapporteur on torture, assigned since
April 1993 to Mr. 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 presents his
sixth report to the Commission. Chapter I deals with aspects of the mandate
and methods of work. Chapter II summarizes his activities during 1997.
Chapter III contains a summary of communications sent by the Special
Rapporteur and replies from Governments, from 6 December 1997 to
10 December 1998.
2. In addition to the above—mentioned resolutions, several other
resolutions adopted or reaffirmed by the Commission on Human Rights at its
fifty—fourth 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: 1998/18, “Implementation of the Declaration on the
Elimination of All Forms of Intolerance and of Discrimination Based on
Religion or Belief”; 1998/19, “Rights of persons belonging to national or
ethnic, religious and linguistic minorities”; 1998/26, “Racism, racial
discrimination, xenophobia and related intolerance”; 1998/35, “Independence
and impartiality of the judiciary, jurors and assessors and the independence
of lawyers”; 1998/39, “Human rights in the administration of justice, in
particular of children and juveniles in detention”; 1998/40, “Question of
enforced or involuntary disappearances”; 1998/41, “Question of arbitrary
detention”; 1998/42, “Right to freedom of opinion and expression”;
1998/47, “Human rights and terrorism”; 1998/50, “Internally displaced
persons”; 1998/52, “The elimination of violence against women”; 1998/68,
wExtrajudicial, summary or arbitrary executions”; 1998/74, “Human rights and
thematic procedures”; 1998/76, wRights of the child”.
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 1998/38,
paragraph 24, and by the General Assembly in its resolution s3/139,
paragraph 12. In particular, he has continued seeking to cooperate with
holders of other Commission mandates to avoid duplication of activity in
respect of country—specific initiatives. Thus, he has sent urgent appeals or
transmitted information alleging violations within his mandate to Governments,
or sought a joint mission to Member States in conjunction with the following
mechanisms: the Working Groups on Enforced or Involuntary Disappearances and
on Arbitrary Detention, and the Special Rapporteurs on extrajudicial, summary
or arbitrary executions; the independence of judges and lawyers; freedom of
opinion and expression; violence against women; the Sudan; the Democratic
Republic of the Congo; Nigeria; and Burundi.
4. Of course, such joint activities depend on the mechanisms being in
possession of the relevant information which, in turn, depends on effective
communication between the relevant staff of the Office of the High
Commissioner for Human Rights. In this respect, the Special Rapporteur
E/CN. 4/1999/61
page 5
appreciates the continuing efforts of the Office to establish systems that
will further improve the ability of the mechanisms to cooperate, with a view
to avoiding duplication of communications in respect of certain cases.
II. ACTIVITIES OF THE SPECIAL RAPPORTEUR
5. A significant development for the mandate was the invitation, contained
in Commission resolution 1998/38, paragraph 30, for the Special Rapporteur to
present an oral interim report to the General Assembly at its fifty—third
session on the overall trends and developments with respect to his mandate.
On 5 November 1998, he accordingly addressed the Assembly's Third Corimittee
under agenda item 110 (a) . The text of the statement is annexed to the
present report. In its resolution 53/139, paragraph 24, the General Assembly
requested the Special Rapporteur to present an interim report to it at its
fifty—fourth session.
6. During the period under review the Special Rapporteur undertook a
mission to Turkey (9—19 November 1998) . The report on this visit may be found
in Addendum 1 to the present report. The Governments of Cameroon, Kenya and
Romania have invited the Special Rapporteur to visit their countries, for
which he is most grateful. Initial positive reactions from the Permanent
Missions of Algeria and Egypt to his requests in 1997 for invitations to visit
their countries (see E/CN.4/1998/38, para. 4) did not yield the hoped for
invitations. His requests for invitations to visit China, India and Indonesia
remain without positive response. During the year the Special Rapporteur also
sought invitations to visit Bahrain, Brazil and Tunisia.
7. The Permanent Representative of Bahrain indicated that an invitation
should await the planned visit of the Working Group on Arbitrary Detention and
that a joint visit, as tentatively suggested by the Special Rapporteur, risked
complicating decision—making regarding cooperation with the Commission's
mechanisms. The Deputy Permanent Representative of Brazil gave a positive
initial reaction, while explaining a need to allow time for new federal and
State administration fully to establish themselves.
8. On 19 May 1998, the Special Rapporteur participated in the first joint
meeting with the Committee against Torture and the Voluntary Fund for Victims
of Torture, together with the High Commissioner for Human Rights. The other
bodies with mandates connected with torture exchanged views and information on
how each of them works and the complementarity of their mandates. The meeting
also adopted a statement for 26 June, the United Nations International Day in
Support of Victims of Torture. The Special Rapporteur believes that such
meetings would be valuable on a periodic basis. He also participated in the
fifth meeting of special rapporteurs/representatives, experts and chairpersons
of working groups of the special procedures of the Commission on Human Rights
and of the advisory services programme, held in Geneva from 25 to 29 May. On
the nomination of the Chairperson of that meeting, from 22 to 25June he
attended the Diplomatic Conference on the Establishment of an International
Criminal Court, held in Rome from 15 June to 17 July 1998. He also attended a
round table of the International Institute of Humanitarian Law on the
resulting Rome Statute of the International Criminal Court, held in San Remo,
from 2 to 4 September 1998.
E/CN. 4/1999/61
page 6
9. He agreed to serve on a panel on torture established by the Organization
for Security and Co-operation in Europe (OSCE,) participating in June and
October meetings of the panel and, on the latter occasion, also addressing a
plenary session of the OSCE Review Meeting on Implementation of Basket 3 of
the Helsinki Final Act, dedicated specifically to the question of torture.
10. On 5 October 1998, he addressed an international meeting of centres for
the rehabilitation of victims of torture in Minneapolis, Minnesota. He also
spoke at several events convened to commemorate the fiftieth anniversary of
the Universal Declaration of Human Rights, including an international
conference on the origins of the Declaration convened by the French National
Consultative Commission on Human Rights from 14 to 16 September, a meeting
organized by Amnesty International UK and Liberty on 16 October 1998 and an
international conference organized by the University of Utrecht from 10 to
12 December.
III. INFORMATION REVIEWED BY THE SPECIAL RAPPORTEUR
WITH RESPECT TO VARIOUS COUNTRIES
11. During the period under review, the Special Rapporteur sent 64 letters
to 59 countries on behalf of 400 individuals and 10 groups involving about
250 persons. About 80 were known to be women and about 40 were known to be
minors. The Special Rapporteur also sent 39 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
27 allegations of a more general nature. The Special Rapporteur transmitted
122 urgent appeals to 41 Governments on behalf of 380 individuals (about 30 of
whom were known to be women and 30 were known to be minors) and 20 groups
(including one group of 190 women) 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, 35 Governments provided the
Special Rapporteur with replies on 450 cases submitted during the year under
review, whereas 17 did so with respect to some 300 cases submitted in previous
years.
12. This chapter contains, on a country—by—country basis, summaries of the
general allegations and individual cases, as well as of the urgent appeals,
transmitted to Governments, and their replies. Observations by the Special
Rapporteur have also been included where applicable. Owing to a lack of
resources, the Special Rapporteur was not able to send follow—up comments to
reports and recommendations made after previous years' visits to countries.
He was also not able to include in the current report replies sent by
Governments in Spanish. The latter will be included in the report to the next
session of the Commission on Human Rights.
Albania
ReQular corimunications and replies received
13. By letter dated 3 September 1998, the Special Rapporteur informed the
Government that he had received information concerning the way a number of
opposition, in particular Socialist Party (SP), supporters had been treated.
A number of the cases summarized below are related to the demonstrations which
E/CN. 4/1999/61
page 7
occurred on 28 May 1996 following the national elections of 26 May. On
29 May 1996, the Special Rapporteur had already sent an urgent appeal on
behalf of persons who had been arrested (see E/CN.4/1997/7/Add.1, para. 1)
In the course of the demonstrations, many persons had reportedly been
subjected to violence by the regular police, the anti—riot squads armed with
shields and helmets, and plain—clothed police officials of the National
Intelligence Service (ShIK) . A number of high ranking police officers were
said to have been dismissed as a result. The Special Rapporteur transmitted
to the Government the individual cases summarized in the following paragraphs.
14. Khemal Hysi was reportedly arrested by the police at work
on 11 September 1995 in the province of Saranda. Having supposedly been
found in possession of a leaflet criticizing President Berisha and the
presence of Americans in Albania, he was allegedly detained by the police for
16 hours, during which time he was said to have been brutally beaten in the
presence of high—ranking police officers and threatened with exposure to
electric shocks. He was reportedly released still bleeding and too scared to
lodge a complaint, despite a suggestion to that effect by the duty officer.
15. Hamit Arshia is said to have been beaten by police on 19
and 20 September 1995. Half a dozen police officials reportedly ordered
him to board a police vehicle when he was in the courtyard of the courthouse.
On reaching the police station, he was allegedly locked in a cell, where three
plain-clothed policemen allegedly began by threatening him with a truncheon,
on the pretext that his bar was a meeting place for SP sympathizers. He was
allegedly beaten for several hours, before being thrown out into the street.
After remaining unconscious for a while, he was reportedly found by the
village doctor and taken directly to hospital.
16. Enver Jaho, an SP activist, was reportedly arrested in the street
on 20 September 1995. He was said to have been taken to the police station
for questioning concerning anti—Government slogans written on the walls of the
town, preceding the arrival of President Berisha. Tirana policemen then
allegedly beat and kicked him. Enver Jaho reportedly obtained a medical
certificate and lodged a complaint. Sasho Meta was said to have been arrested
for similar reasons, on the same day. Some men wearing military uniforms, who
had arrived in a police car, then allegedly began to punch and kick him. He
was reportedly released the following morning, before being examined by a
doctor and lodging a complaint with the local procurator.
17. Behar Toska was reportedly arrested in February 1996 in Tirana. He
was said to have been accused of receiving money from the SP to write
anti—Government slogans on the walls, taken to the police station and ordered
to undress. Six policemen then allegedly questioned him and struck him with a
plastic truncheon and with a piece of metal piping. Behar Toska reportedly
had several teeth broken and noted traces of blood in his urine in the days
that followed. The medical staff that had looked after him was said
nevertheless to have refused to issue a medical certificate when they heard
that Behar Toska had been beaten by the police. He reportedly complained
about the way he had been treated to a high-ranking police officer, with the
intention of undertaking legal action against the policemen involved.
E/CN. 4/1999/61
page 8
18. Vatos Veliu was reportedly arrested on 16 February 1996, two days after
an article of his had been published denouncing probable acts of corruption by
the Saranda police. At the police station, he was allegedly kicked and
punched, before being released two hours later. A medical certificate was
said to have been issued dated 20 February 1996.
19. Gjoke Lulashi, Petrag Kumaraku and Marash Marashi were reportedly three
of the SP activists held by the police for 13 hours, on 6 May 1996, in Kurbin.
They were allegedly beaten with plastic truncheons and subsequently released,
with the warning that they were not to be seen taking part in SP meetings
again.
20. Aliosha Quamaj, one of the local heads of the Albanian Eurosocialist
Forum, was reportedly arrested on 9 May 1996 in Durres after writing slogans
on the walls. He allegedly lodged a complaint for ill-treatment, backed up by
a medical certificate, against two policemen.
21. Ridvan Peshkepia, a mer er of parliament belonging to the Democratic
Alliance party, was said to have been among five persons arrested in a
university film club in Tirana, on 16 May 1996, in the course of an officially
authorized party meeting. The chief of the local police station allegedly
struck him several times.
22. Maksim Parangoni, a mer er of the local SP, and Edi Spahiu, one of the
leaders of the local branch of the Eurosocialist Youth Forum, were said to
have been among several persons arrested and ill—treated by the Berat police,
on 18 May 1996. They were allegedly beaten on several occasions.
23. Saimir Khuglini, the bodyguard of the SP candidate, Luan Hajdaraga;
Skender Lame, a member of the presiding body of the Eurosocialist Youth Forum,
and Lame Lamaj, together with some 20 other SP supporters, were reportedly
arrested near the Tirana ballet school, where an electoral meeting was to have
been held, on 20 May 1996. They were allegedly violently beaten and seriously
wounded by the police. Saimir Khuglini in particular was said to have been
taken to No. 1 police station, where some 20 policemen were waiting to give
him a beating.
24. Erion Brace, an SP candidate in the Berat district, was reportedly
arrested on 26 May 1996 in his car while on his way to Poliçan. He was
allegedly taken to the police station and beaten there for two hours.
25. Flamur Mulova, an SP candidate in Berat, was allegedly threatened with
weapons and beaten in the office of his party, on 26 May 1996.
26. Krenar Cakerri, a member of the Vlora electoral control commission,
Ilirjan Kuçi and Tartar Ademi, SP supporters, were allegedly beaten by the
police in Vlora, on 26 May 1996.
27. Dritan Belinjeri, a mer er of the Democratic Alliance, was reportedly
arrested in Tirana, on 26 May 1996. He was allegedly beaten by the police,
after complaining of irregularities in electoral procedures, for which the
chairman of his commission was believed to be responsible.
E/CN. 4/1999/61
page 9
28. Servet Pellumbi, Namik Dokle, Ndre Legisi, Pandeli Majko, Haul Lalaj,
Mojko Zeqo, Musa Ulgini, Luan Hajdaraga, Neritan Ceka, Blendi Gonxhe,
Arben Imammi, Gramoz Pashko, Skender Gjinushi, Gaqo Apostolli, Hziz Ferati,
Ilmi Habibasi, Sheptim Maloku, Faik Cukarizi, Andrea Jano, Gezim Karanxha,
Orhan Hoxha, Sokol Lulja, Genc Beqiraj and Viktor Cuko, together with the
following women, Shpresa Sula, Arta Deda, Ermelinda Meksi, Anila Imami,
Delina Fico and Sonila Qirjako, Ilvo Haxhiu and Fatbardha Isufi, were all
reportedly arrested during the demonstration of 28 May 1996 on Skenderberg
Square. They all allegedly suffered ill—treatment and most of them were said
to have been in need of medical care owing to injuries incurred in clashes
with the police. Most of them were also allegedly taken to No. 1 police
station in Tirana, where they were beaten.
29. Prokop Gjika was reportedly involved in the Skenderberg Square
demonstrations of 28 May 1996. He was allegedly struck several times in
the face and in the ribs, before being finally taken to hospital by two
plain—clothed policemen in a police car. In hospital, he reportedly received
several stitches in the forehead.
30. Arben Imami, one of the leaders of the Democratic Alliance party, was
reportedly among the 20 or so opposition leaders arrested during the
demonstration of 28 May 1996. He was allegedly violently beaten by
plain—clothed policemen of the ShIK at their headquarters. He was reportedly
kicked while lying on the ground. When he was brought back to No. 3 police
station, the uniformed policemen there apparently refused to register his
complaint, even though his face and clothes were bloodstained. He was said to
have obtained a forensic medical report issued by a specialist of Tirana
university hospital.
31. Bardhok Lala, a journalist for the independent daily Dita Informacion,
was reportedly arrested by ShIK agents on 28 May 1996 in the course of the
demonstrations that followed the national elections. He was allegedly beaten
by the agents in a bar near the Skenderberg Square, then taken to No. 2 police
station. After being released, he was said to have been arrested in the
street by the same policemen and taken away in a van, in which he was beaten
by five men with plastic truncheons. Having been pulled out of the van by his
hair, he was allegedly dragged some 20 metres through bushes near a lake.
There he was reportedly again beaten with truncheons. One of the policemen
apparently threatened to kill him dozens of times, while pointing a gun at his
head. The same policeman was said to have fired several shots, though without
wounding Bardhok Lala. The latter had then reportedly been abandoned. On
31 May 1996, the ShIK spokesman reportedly denied that ShIK agents had
ill—treated Bardhok Lala. At the end of July 1996, Bardhok Lala apparently
recorded a statement in the Procurator's office. Subsequently, the ShIK was
said to have lodged a defamation complaint against him.
AlQeria
ReQular corimunications and replies received
32. By letter dated 3 September 1998, the Rapporteur informed the Government
that he had received information according to which the frequency of cases of
ill-treatment appeared to indicate that they might be considered general
E/CN. 4/1999/61
page 10
practice rather than “isolated cases of abuse of authority” . Thousands of
detainees had reportedly complained of such ill—treatment in the course of
their trial. It was said to occur particularly frequently during police
custody in police and gendarmerie stations or during detention in military
security centres. Prisoners were allegedly tortured mainly while held
incommunicado, a condition which could last weeks or even months. The main
purpose of acts of torture and ill—treatment was said to be to obtain
information and signed confessions in the form of written statements during
questioning, but they also served as a form of punishment. All those
suspected of maintaining links with armed opposition groups were believed to
be particularly exposed to torture. The methods of torture most currently
used by the security forces were said to include the “rag”, which consisted in
tying the prisoner to a bench, with a rag stuffed into his mouth, and filling
his mouth with great quantities of dirty or salty water, sometimes mixed with
chemical products; another was the “torch”, which consisted in inflicting
burns on different parts of the body. Other methods were said to include
applying electric shocks to sensitive parts of the body, tying a string around
the penis and/or testicles, or jariming genital organs in drawers, striking
prisoners, burning them with cigarettes, introducing objects or glue in their
anus or letting them hang. It appeared that independent medical checks during
police custody, and even later, were frequently refused. If a medical
examination did take place, it was apparently often conducted after a delay
and by a Government-appointed doctor. Some detainees had allegedly died in
detention as a result of the torture to which they had been subjected. Since
1992, the authorities were believed to have ordered no official judicial
inquiry into allegations of torture and ill—treatment or to have taken any
preventive measure, thus giving further support to impunity.
33. In the same letter, the Special Rapporteur informed the Government that
he had received information concerning the following cases. The Government
replied by letter dated 1 December 1998.
34. Mabrouk Djouaidia was reportedly arrested on 8 March 1997 by the
gendarmerie brigade of Quallel near Souk—Ahras. He was allegedly subjected
for eight days to torture, including the “rag” technique, and was beaten about
the head with sticks, apparently suffering a fractured jaw in the process. He
was said to have been obliged in this way to sign a statement, the content of
which was baseless. He was then said to have been taken to Blida, where he
was held for 60 days, though without further ill-treatment, then brought back
to Souk—Ahras, where he was released. The Government said that he had been
acquitted on 29 March 1998 and that he had never lodged any complaint for the
ill-treatment he had allegedly endured during his period of police custody.
35. The case of Mohamed—Yacine Simozrag had already been mentioned by
the Special Rapporteur when he had been first arrested in 1993 (see
E/CN.4/1994/31, paras. 27 to 29) . At the time, the Government had replied
that he had been tried in accordance with the law and that his allegations of
ill—treatment had never led to his requesting an inquiry or a medical
examination. According to new information, he was taken on 9 October 1994 to
the central police station of El—Harrach, where he was allegedly subjected to
torture for a whole day, including the “rag”, and was beaten with rods on
different parts of his body. After being transferred to the prison of
Serkadji, he was allegedly detained for two months in a 6 m2 cell, together
E/CN. 4/1999/61
page 11
with seven other prisoners. He reportedly died during the uprising in the
prison of Serkadji on 21-22 February 1995, after being finished off with the
wtorch . The Government indicated that the report of the inquiry into the
Serkadji mutiny had never mentioned any ill-treatment, but it confirmed that
the person concerned had died in the course of the mutiny.
36. Abderrezak Koudri was reportedly arrested at his home by the Bourouba
police on 17 October 1994. He was allegedly kept naked for 43 days in a damp
cell. The conditions of his detention were said to have caused the breakout
of an infectious skin disease. He was also said to have suffered broken ribs
as a result of the blows he had received. Those facts had reportedly been
confirmed in a medical report. Although they had been informed of the
ill—treatment, the judicial authorities allegedly had failed to react. It was
reported that he had been sentenced on 10 November 1996 to three years'
imprisonment and was believed to be currently in detention at the El—Harrach
prison. The Government stated that he had been released on 27 November 1997,
after receiving a firm three—year prison sentence from the criminal court of
Algiers.
Follow—un to previously transmitted communications
37. By letter dated 6 February 1998, the Government replied regarding
cases communicated by the Special Rapporteur on 17 November 1997 (see
E/CN.4/1998/38/Add.1, paras. 4 to 7)
38. Regarding the case of Hassan Cherif and his brother Hakim, who had been
allegedly subjected to torture while in detention in August 1996, the
Government stated that no trace of torture or ill—treatment had been found in
the course of a medical examination carried out in October 1996.
39. Regarding the case of Branim Abdullatif, who had been allegedly tortured
during detention from January to March 1997 and who, as a result of that
ill—treatment, had become deaf and had partially lost his eyesight, the
Government stated that his lawyer's request for a medical report had been
rejected by the Government Procurator on the grounds that the request had not
been submitted to the examining magistrate. Nevertheless, the Government
assured the Rapporteur that, at Branim Abdullatif's first hearing, he had
shown no sign of ill—treatment. The Government also informed the Rapporteur
that no medical examination had been conducted seven months after the alleged
events.
40. Regarding the case of Maître Rachid Mesh, a lawyer specialized in
human rights, who had been allegedly arrested and tortured by the police in
August 1996, the Government stated that Maître Mesh had been charged with
setting up a terrorist group. The Government noted that, at his first
hearing, he had never said that he had been ill-treated during police custody.
Following a subsequent request by his lawyers, a medical report dated
November 1996 had confirmed that Maître Mesh enjoyed all his mental faculties
and showed only a slight injury to his right eye. The Government observed
that no complaint had been lodged in that respect. Lastly, the Government
stated that Maître Mesh had been found not guilty by the criminal court of
E/CN. 4/1999/61
page 12
the charges brought against him, but had been found guilty of advocacy of
crime, an offence for which he had been sentenced to three years'
imprisonment.
Observations
41. The Special Rapporteur's hopes of receiving an invitation to visit
(E/CN.4/1998/38, para. 18) proved unfounded, his subsequent attempts at
contacts having been ignored. He notes the concluding observations of the
Human Rights Committee, in which the Committee stated that it was
wdeeply concerned over persistent allegations of systematic torture”
(CCPR/C/79/Add.95, para. 9), and considers that there remains substantial
justification for a visit.
An Qola
42. By letter dated 3 September 1998, the Special Rapporteur informed the
Government that he had received information concerning a likely deterioration
of the situation prevailing in the enclave of Cabinda since the beginning
of 1997. According to that information, acts of torture and ill—treatment
committed in connection with the conflict in that area by soldiers of the
regular army, as well as by members of the paramilitary group of the Policia
da Intervencao Rápida (PIR) (Rapid Intervention Police) were said to be very
widespread. The acts were reportedly committed either against persons from
whom the soldiers were trying to obtain information, or against the civilian
population in reprisal for armed attacks by separatist groups, especially
various factions of the Frente para Libertaçao do Enclave de Cabinda (FLEC)
(Cabinda Enclave Liberation Front) . They were also believed to be aimed at
punishing or intimidating political opponents. In areas not directly affected
by the conflict, the victims of such acts were persons suspected of supporting
FLEC policies or disobeying Government orders. The methods used were said to
include the following: punching and kicking, as well as beatings with a
truncheon or a machete, bullets fired into the limbs, or electric shocks and
bayonets pointed at the throat. There had reportedly been no official inquiry
as yet concerning those allegations of torture, and no charges had been
brought against persons suspected of having committed the offences.
Furthermore, the Government was believed to have taken no action so far to
prevent or put an end to such practices.
ArQentina
ReQular corimunications and replies received
43. By letter dated 26 October 1998, the Special Rapporteur informed the
Government that he had received information concerning the following cases.
44. Marcelo Atencia was reportedly arrested on 20 March 1998 at work by
Buenos Aires police forces of the No. 1 police station of San Miguel and taken
to police premises. On the following day, Marcelo Atencia allegedly arrived
home with his face terribly disfigured. His relatives took him to the Federal
Capital hospital, where he was diagnosed as suffering severe swellings and
infections. Police station officials denied that Marcelo Atencia had been
E/CN. 4/1999/61
page 13
arrested. It is also reported that his father lodged a complaint regarding
his son's injuries at the No. 2 police station of José C. Paz on the night
of 21 March.
45. Luis Cufré, aged 14, was reportedly arrested on Thursday,
18 September 1997 in the Plaza Constitución (Federal Capital) by police
forces of the Mitre division. At the time of his arrest, Luis Cufré was
allegedly thrown violently onto the pavement just as a vehicle was passing in
the street, and was seriously injured as a consequence. It is reported that
Luis Cufré was subsequently hospitalized. According to the information
received, he was suffering from fractures of the base of the skull, a fracture
of the cheekbones, a fracture of the jaw, a fracture of the collarbone,
serious lung damage and a heart disorder. According to witnesses, the police
urged the driver of the vehicle to leave the place in order to avoid having
any eyewitnesses. In reply to complaints, the police claimed subsequently
that at the time of the police action a traffic accident had occurred and that
the vehicle involved had escaped, that police officials had tried to save him
and that he had been injured. The alleged reason for the arrest was four
suspected attempted robberies. On 23 September 1997, he had reportedly been
charged in National Criminal Court No. 15, Registry 146.
46. In the same letter, the Special Rapporteur reminded the Government that
no replies had been given concerning several cases communicated in 1997.
Armeni a
ReQular corimunications and replies received
47. By letter dated 3 September 1998, the Special Rapporteur advised the
Government that he had received information on Manvel Virabyan, age 17, who
allegedly died in police custody as a result of severe beatings and
ill—treatment by officials in April 1997. Police from the Sovetsky District
Department of Internal Affairs who were investigating a robbery reportedly
arrested Manvel Virabayan at his home in Yerevan on 5 April 1997. Later that
day his brother, Mamikon Virabayan, and two friends, Meruzhan Arutyunyan and
Varazdat Avetisyan, were also arrested in connection with the same case. All
four men were allegedly subjected to severe beatings, often rendering them
unconscious, in an effort to make them confess. Manvel Virabayan reportedly
died on 13 April while in police custody. His body and face showed signs of
serious injuries. His mother initially protested his death, but was allegedly
forced to drop the charges because of threats made by officials against her
other son.
48. By letter dated 14 November 1998, the Government confirmed the arrest of
the above—mentioned persons and indicated that during his detention
Manvel Virabayan had demonstrated disordered behaviour and attempted to hit
himself on the doors and walls. According to the Government, he was then
ordered to calm down and lay down on a wooden bench in order to sleep. He was
found dead at about 7 p.m. In accordance with the Criminal Code, a criminal
investigation was opened by the Office of the Public Prosecutor of Yerevan.
The autopsy report indicates that the cause of his death was acute lung and
heart failure and general intoxication of his body, but no traces of beating
were found on his body. The investigation revealed that the officers of the
E/CN. 4/1999/61
page 14
Internal Affairs Department did not use any violence against him, nor did he
commit suicide. Due to the lack of corpus delicti , the criminal investigation
was closed. The Government confirmed that his relatives did not present any
complaints.
49. In his letter dated 3 September 1998 the Special Rapporteur reminded the
Government of a number of cases transmitted in 1997 regarding which no reply
had been received.
Follow—un to previously transmitted communications
50. By letter dated 15 July 1998, the Government responded to allegations
concerning the “Dro” case and the trial of Vahan Hovhannissian and 30 other
persons that had been transmitted by the Special Rapporteur in 1996 (see
E/CN.4/1997/7/Add.1, para. 2) and 1997 (see E/CN.4/1998/38/Add.1, para. 11),
respectively.
51. Concerning the wDro case, the Government indicated that the legal
representative of Arsen Artsrouni stated during the investigation that
violence had been used against his client. But, Arsen Artsruni himself is
said by the Government to have declared on 27 May 1995 that no coercion had
been used against him. He nevertheless undertook a medical examination at the
Forensic Medicine Research Centre at the Ministry of Health. At that
examination, he repeated that he had not suffered any bodily harm or any
physical violence, which was confirmed by the medical experts. According to
the Government, Armenak Mnjoyan has not lodged any complaints of beatings or
violence used against him. No verbal or written statements on ill—treatment
were presented by his lawyers. Gegham Manoukian was released in May 1997 and
no statement on ill—treatment during his detention was presented. No
information on the lawyers involved in the case, who were allegedly beaten,
has been given by the Government.
52. Concerning Vahan Hovhannissian, the Government stated that he and others
had been released from custody by presidential decrees and decisions of
relevant judicial authorities. Only four of those accused of attempting an
armed coup were currently serving their sentence. Furthermore, the Government
indicated that Manvel Yeghiazarian's lawyers, who attended all the
investigatory proceedings during his custody, had not presented any verbal or
written statements claiming that he had been subjected to any physical
pressure. On 2 February 1998, he was pardoned by a presidential decree and
released from custody. Concerning Ashot Avetissian, no statement concerning
the use of unlawful methods of interrogation or physical violence against him
had been presented. He had been sentenced to five years' imprisonment, but
subsequently released after having been cleared of all the charges at the
decision of the Appeal Court of the Presidium of the Supreme Court.
53. By the same letter, the Government informed the Special Rapporteur that
no evidence had been found to confirm the allegations of beatings and the use
of physical violence against Hamayak Hovhannissian (see E/CN.4/1998/38/Add.1,
para. 12) . The initiation of a criminal case had been rejected, for lack of
evidence, on 15 April 1995.
E/CN. 4/1999/61
page 15
54. By letter dated 14 November 1998, the Government responded to the letter
sent by the Special Rapporteur on 5 February 1997 on behalf of Aramzd Zakanian
(see E/CN.4/1998/38/Add.1, para. 13) . The Government indicated that a
criminal investigation had been launched on 18 October 1996. It had concluded
that a group of 10 to 15 persons in civilian and military clothes had
assaulted him while he was entering the building in which the Office of the
wNational Self—Determination Union” political party is located. The
Government further indicated that he had been transferred by car to the
Department against Organized Crime at the Ministry of Internal Affairs and
National Security, where he was subjected to violence. The Ministry had been
required to identify the perpetrators of those acts, but, despite the
investigation, they had not been identified. In accordance with the Code of
Criminal Procedure, the provisional investigation was discontinued on
18 October 1997 since the identity of the perpetrators remained unknown. No
reference to the other persons allegedly beaten in the same circumstances is
made in the Government's reply. But the Government indicated that it would
respond to other allegations mentioned in the Special Rapporteur's letters as
soon as the complete data were available.
Observations
55. The Special Rapporteur notes that, in its concluding observations, the
Human Rights Committee expressed “its concern about allegations of torture and
ill—treatment by law enforcement officials” (CCPR/C/79/Add.100, para. 12)
Australia
ReQular corimunications and replies received
56. By letter dated 3 September 1998, the Special Rapporteur advised the
Government that he had received information concerning a high incidence of
Aboriginal deaths in custody. Since July 1991, 64 Aborigines are said to have
died or sustained fatal injuries in prisons or police facilities. In some
cases ill—treatment, or lack of care, may have contributed to a death in
custody. The reported lack of promptness, thoroughness, independence and
transparency of many investigations into deaths in custody, as well as the
reported harassment and intimidation by law enforcement officers of a number
of relatives who did not accept official explanations, seem to compound these
concerns. While many of these concerns were raised in the context of
Aboriginal deaths in custody, they appear to be equally relevant for all
Australian custodial deaths. First, detailed findings of most investigations
into deaths are not normally made public. Second, investigations into deaths
in police custody are routinely carried out by police officers of the police
service in whose custody the death occurred. Third, police officers are
involved in so many aspects of coroners' investigations into deaths in custody
that they have been perceived by community organizations as effectively in
control of the investigative process. These three concerns raise the
questions of transparency, impartiality and independence. In that connection,
the Special Rapporteur advised the Government that he had received information
on the following cases.
E/CN. 4/1999/61
page 16
57. Daniel Yock reportedly died of a heart condition while in police custody
within 30 minutes of his arrest on 7 November 1993. He was reportedly
arrested along with several other Aboriginal youths in central Brisbane. A
police officer is thought to have then turned him so that he was face down on
the ground and handcuffed his hands behind his back. Witnesses testified the
arresting officers kicked or punched Daniel Yock and ignored attempts to alert
them to his health condition. Police officers and other witnesses reported
seeing vomit or fluid coming from his mouth and body movements described as
shaking. Then he was taken to a police van, in which he was reportedly placed
face down and kept for nearly half an hour. Reportedly, the police officers
at no time checked on his condition despite the fact that several arresting
officers noticed that he might have been unwell. Upon arrival at the police
watch—house, after the van had circled the area for 17 minutes, Daniel Yock
was reportedly found dead. Two post—mortem examinations are believed to have
found the immediate cause of death to be cardiac arrhythmia. The Queensland
Criminal Justice Commission, which reportedly conducted an inquiry, is said to
have found no sufficient evidence to support a rima facie case against any
member of the Police Service.
58. Kim Nixon reportedly died of a serious heart condition in police custody
on 13 September 1994. He was arrested on 12 September 1994 for breach of jail
conditions and taken to the East Perth police lock-up. Although a serious
heart condition was reported as the cause of death while in police custody,
officers allegedly failed to take appropriate measures to protect his health.
They allegedly ignored his confusing requests for his high blood pressure
medication. That night a fellow inmate noticed that Kim Nixon was vomiting
and looking ill and weak; however, officers recording 21 routine observations
of Kim Nixon throughout the night did not note anything unusual. Later, he
was reportedly taken to court and fined. According to the coroner's report he
should have then been released. Instead, he was placed in a holding cell in
the police lock—up under the direct supervision of a police officer, who sat
immediately outside his cell door. An hour later, he suddenly collapsed and
was subsequently pronounced dead at the hospital. The coroner did not
recommend any disciplinary or criminal proceedings against individual officers
as a consequence of his findings, but focused on recommendations for a
thorough review of police training in custodial care. As the result of its
own investigations into the case, the Western Australia Police Service took
immediate steps to remedy problems identified in police custody procedures.
Azerbaijan
ReQular corimunications and replies received
59. By letter dated 23 September 1998, the Special Rapporteur informed the
Government that he had received information on the following cases.
60. Samir Zulfugarov allegedly died after being beaten by law enforcement
officials subsequent to his arrest in July 1997 on charges of drug possession.
Samir Zulfugarov reportedly died in Semashko hospital three days after his
arrest. The results of a criminal case that was said to have been initiated
were unknown at the end of 1997.
E/CN. 4/1999/61
page 17
61. Zakir Jabbarly and Dilgram Bairamov were allegedly assaulted in
September 1997 by three employees of the passport department of Narimov
district police station in Baku. The beating reportedly took place after the
journalists went to the passport department to inquire about the alleged
illegal registration of citizens at a hostel. Zakir Jabbarly was reportedly
hospitalized as a result of the beating. Dilgram Bairamov claimed the
district deputy procurator initially refused to open an investigation into the
alleged beatings.
62. By the same letter the Special Rapporteur reminded the Government of a
number of cases transmitted in 1996 and 1997 regarding which no reply had been
received.
63. On 25 September 1998, the Special Rapporteur, in conjunction with the
Special Rapporteur on the right to freedom of expression and opinion, sent
a communication concerning the beating and harassment of more than
30 journalists in Baku on 12 September 1998. The following journalists,
most of them being also members of the Labour Union of Azerbaijani
Journalists, were allegedly beaten by the police while they were reporting on
a banned opposition rally, where the police allegedly violently dispersed a
crowd of several hundred demonstrators, including: Azer Sariyev,
Faiq Qazanfaroglu, Mahammad Ersoy, Ibrahim Niyazly, Anar Mammadli,
Movsun Mammadov, Kaliq Mammadov, Haji Zamin, Khalig Bakhadyr,
Elmir Suleymanov, Ilqar Shahmaroglu, Nebi Rustamov, Taghi Yusifov,
Tahir Pasha, Tapdiq Farhadoglu, Sarvan Rizvanov, Natiq Javadli,
Movlud Javadov, Kamil Taghisoy, Shahin Jafarli, Sebuhi Marimadli,
Azer Qarachanli, Zamina Aliqizi, Allahverdi Donmez, Mehseti Sherif,
Talekh Zafarli, Tunzale Rafiqqizi, Rey Kerimoglu, Azer Rashidoglu, Ajdar,
Lachin Semra, Rasul Mursaqulov, Eldaniz Badalov, Tahir Marcmadov, Elman Maliyev
and Shahbaz Kuduoglu. The police reportedly attempted to break into the
office building of several opposition and independent news outlets, among them
the Azadlig and ChaQ newspapers and the Turan news agency.
64. By letter dated 3 Decer er 1998, the Government indicated that
on 12 September 1998 a group of about 300 persons used force against police
officers on duty in an area close to a stadium where an authorized opposition
rally was supposed to take place. These unlawful moves are said by the
Government to have seriously disrupted public order and were therefore the
object of criminal proceedings by the Office of the Procurator—General of
Baku. Subsequently, 39 persons were charged. Only one of them complained of
physical and psychological pressures. The Government further confirmed that
the Procurator—General had received, in mid—September, letters of complaint
from the news agency Turan and the Labour Union of Azerbaijani Journalists,
but said that no individual had submitted any official complaint, although
they had been invited to do so. The Government stated that most of the
persons mentioned in the Special Rapporteurs' letter either did not complain,
or indicated to the Office of the Procurator—General that the losses they had
suffered during the clash with the police were negligible. However, the
investigators are said to be planning to verify whether the rights of other
journalists mentioned have been violated. Finally, the Government indicated
that the Procurator—General had communicated to the Ministry of Internal
Affairs his views on the need for urgent action to prevent the violation of
the journalists' rights.
E/CN. 4/1999/61
page 18
Bahrain
ReQular corimunications and replies received
65. By letter dated 24 September 1998, the Special Rapporteur advised the
Government that he had received information indicating that most persons
arrested for political reasons in Bahrain are held incommunicado, a condition
of detention conducive to torture. The Security and Intelligence Service
(SIS) and the Criminal Investigation Department (CID) are alleged to conduct
interrogation of such detainees frequently under torture. The practice of
torture by these agencies is said to be undertaken with impunity, with no
known cases of officials having been prosecuted for acts of torture or other
ill—treatment. In cases heard before the State Security Court, defendants may
reportedly be convicted solely on the basis of uncorroborated confessions
given to political or security officials, or on the testimony of such
officials that confessions have been given. Although defendants are said
often to allege that their “confessions” have been extracted under torture,
impartial investigations of such claims are reportedly never ordered by the
Court, unless the defendant displays obvious signs of injury. Such outward
displays of injury are said to be uncommon since torture victims are usually
brought to trial well after their injuries have healed. Further, it is
reported that autopsy reports are often falsified and doctors who provide
medical attention to victims or report signs of torture are harassed and
threatened by State officials.
66. Torture is also reportedly administered to force detainees to sign
statements pledging renouncement of their political affiliation, to desist
from future anti—government activity, to coerce the victim into reporting on
the activities of others, to inflict punishment and to instil fear in
political opponents. The methods of torture reported include: falaga ,
i.e., beatings on the soles of the feet; severe beatings, sometimes with
hosepipes; suspension of limbs in contorted positions accompanied by blows to
the body; enforced prolonged standing; sleep deprivation; preventing victims
from relieving themselves; immersion in water to the point of near drowning;
burnings with cigarettes; piercing the skin with a drill; sexual assault,
including the insertion of objects in the penis or anus; electrical shocks;
and threats of execution or of harm to family members.
67. By the same letter the Special Rapporteur also advised the Government
that he had received information on the following individuals.
68. Nooh Khalil Abdulla Al Nooh was reportedly arrested on 19 July 1998.
His body, allegedly bearing physical marks of torture, is reported to have
been returned to his family two days later by an official from the Ministry of
Interior. Mohammed Jasim Al—Askafi was reportedly arrested on 10 June 1998
and detained at the Al—Qalá police station in Manama; he was released a few
days after his arrest. He was allegedly beaten with PVC hosepipes by members
of the State Intelligence Service (SIS) . Mousa Jafar Mohammed Juma'a was
reportedly arrested on 6 June 1998 and was currently being detained in
Al-Qalá. He has allegedly been subjected to harsh beatings with PVC
hosepipes, especially on the soles of his feet, by members of the SIS.
Sadeq Abdul Rasool Habeeb was reportedly arrested on 6 June 1998 and was
currently detained in Al—Qalá. He has allegedly been subjected to harsh
E/CN. 4/1999/61
page 19
beatings, especially on the head, by members of the SIS. Ramlah Mohammed
Hassan, female, was reportedly arrested on 20 May 1998 at her parents' house
by members of the SIS. She was being held incommunicado at Al-Qalá.
Abdul Hadi Mohammed Ali was reportedly arrested on 7 June 1998 and detained
for a few days in Al—Qalá. He was allegedly subjected to torture, including
electric shocks, by the SIS. Hassan Muslim Ibrahim, age 13, was reportedly
arrested in June 1998, detained in the Dry Dock police station and released
three days after his arrest. He was allegedly tortured by members of the SIS
and was suffering from psychological shock not only because of the harsh
torture he went through, but also because he witnessed the torture of his
older brother and other detainees. Ibrahim Abdulla Ali was reportedly
arrested on 7 June 1998, detained in Al—Qalá and released from detention a few
days later. He was allegedly subjected to torture, including electric shocks,
by the SIS. Mahmood Ali Abdulla Mohammed, age 17, was reportedly arrested on
7 June 1998 and was being held at Al—Qalá. Mahmood Matook Ali, age 14, was
reportedly arrested in June 1998 and detained for three days in the Dry Dock
police station. Tortured by the SIS, he sustained serious injuries.
Nezar Al Qaree was reportedly arrested on 15 June 1998 and was being held
incommunicado in Al—Qalá. Ra'ed Al Khawaja was reportedly arrested on
15 June 1998 and was being held in incommunicado detention in Al-Qalá.
Seyed Abdul Sahra'a Al—Seyed Said Al—Seyed Salman, age 16, was reportedly
arrested at his house on 3 June 1998, detained in Al—Qalá and released days
after his arrest. He was allegedly tortured by the SIS and denied food for
two days. Seyed Amin Ibrahim Ali was reportedly arrested on 10 June 1998,
detained in Al—Qalá and released days after his arrest. He was allegedly
tortured severely by the SIS while in detention. Seyed Fasal Seyed Adnan,
age 13, was reportedly arrested in June 1998 and released from detention in
the Dry Dock police station three days later. He was allegedly tortured
harshly by the SIS. Shaker Muslim Ibrahim, age 16, was reportedly arrested in
June 1998, detained in the Dry Dock police station and released three days
after his arrest. He was allegedly tortured harshly by the SIS while in
detention. Hussain Hassan Ali, age 17, was reportedly arrested on 7 June 1998
and was currently detained in Al—Qalá. He has allegedly been subjected to
torture by the SIS. Abbas Jasim Mohammed was reportedly arrested on
7 June 1998 and was currently detained in Al—Qalá. He has allegedly been
subjected to torture by the SIS. Faisal, Shaker, Ali, Hassan and Fardan,
five brothers, were reportedly arrested by SIS agents at their home on
15 April 1998. At the time of their arrest, they were allegedly beaten,
kicked and dragged by their hair in the presence of their parents. They were
reportedly detained at Al-Qalá, where they were allegedly beaten with PVC
hosepipes and were denied sleep and food. Ali Abd Al Hussain Al Saffi,
age 16, was reportedly arrested on 26 April 1998 and detained in Al—Qalá. He
was allegedly forced to stand continuously for two days and was not allowed to
sleep. Ali Ahmed Jasem, age 17, was reportedly arrested on 26 April 1998 and
detained in Al—Qalá. He was allegedly forced to stand continuously for two
days and was then beaten with PVC hosepipes by three policemen.
69. Abdullah Ali Al Ban, age 15, was reportedly arrested on 26 April 1998
and detained in Al—Qalá. He was reportedly sexually harassed and beaten on
the ears. Ali Ridha Ali was reportedly arrested on 26 April 1998 and detained
in Al—Qalá. He was reportedly beaten and not allowed to use the bathroom.
Jawad Al Jaziri was reportedly arrested on 26 April 1998 and detained in
Al—Qalá. Witnesses are reported to have seen him dragged blindfolded and
E/CN. 4/1999/61
page 20
handcuffed into the police station, where he was allegedly beaten by
four policemen. Moharimed Ahmed Ali Al Mu'emen was reportedly arrested on
15 April 1998 and detained for one day at Al—Qalá. He was reportedly beaten
by two policemen while being transported to the police station, then forced to
stand continuously for one day and beaten with PVC hosepipes.
UrQent a inieals and replies received
70. On 24 April 1998, the Special Rapporteur transmitted an urgent appeal on
behalf of Sheik Abdul-Amir Al-Jamri and his son, Sadig Abdul-Amir Al-Jamri,
the latter of whom is alleged to have been arrested on 19 April 1998 and whose
whereabouts were reportedly unknown. Sheik Abdul—Amir Al—Jamri was currently
said to be in detention at the Al-Qala Prison in Manama, where he had
reportedly been held since his arrest in January 1998. On several occasions,
Sheik Al—Jamri is alleged to have been threatened by a nur er of officers in
an attempt to obtain from him a confession of responsibility for the unrest.
The threats made reportedly included the rape of his wife and female
relatives, and the arrest and torture of his sons, particularly
Sadig Al-Jamri. In its reply of 15 June 1998, the Government denied that
Sadig Abdul-Amir Al-Jamri had been arrested and stated that Sheik Abdul-Amir
Al—Jamri, who is reportedly the spiritual leader of the so—called
wHizbollah_Bahrain , was detained, in accordance with the law, for his
involvement in extreme acts of violence and terrorism including murder,
arson and destruction of property. The Government further stated that
Sheik Abdul—Amir Al—Jamriis is held in a regular place of detention where his
conditions and treatment are humane and in compliance with international
standards. He is accorded all his rights of welfare and visitation and he
remains in good health and has access to full medication facilities, including
frequent medical visits and attendance at his request at a nearby health
centre.
71. On 4 November 1998, the Special Rapporteur sent an urgent appeal on
behalf of the following persons. Seyed Hussain Seyed Ali Seyed Saeed,
aged 16, and Sadiq Abas Daqaq, aged 15, were reportedly arrested on
5 October 1998 and were currently detained by the SIS at the Al—Qalá police
station. Jasmin Jaffar, aged 16, Hussian Majeed, aged 16, Jalal Hassan,
aged 16, Seyed Fadhil Seyed Ahmed, aged 17, Seyed Alawi Seyed Ahmed, Hassan
Ali Khalaf, aged 16, Seyed Yunis Seyed Alawi Seyed Majeed, Shakir Ma'tuq,
Shafiq Alawi and two persons having the same name, Ali Ahmed, and age, were
reportedly arrested on 6 October 1998 and were said to be currently detained
by the SIS at Al—Qalá. Mohammed Isa Abdulla, aged 16, was reportedly arrested
in August 1998 and was said to be currently detained by the SIS at Al-Qalá.
The five sons of Haj Abdul Rasool Ibrahim, Maitham, aged 17, Mohammed and
Hussain Ibrahim who were reportedly arrested in August 1998, as well as
Abduall, aged 17, and Ali who were reportedly arrested two years ago, were
said to be currently detained by the SIS at Budayi'a centre. Ali Abdula
Hussain and Zuhair Nooh Al Saeed were reportedly arrested on 4 October 1998
and were said to be currently detained by the SIS at Al-Qalá. Hamad Ali
Jaffar was reportedly arrested on 4 October 1998 and was said to be currently
detained by the SIS at Al-Qalá. Ebrahim Ahmed Ali and Saeed Khalil Ebrahim
were reportedly arrested on 4 October 1998 and were said to be currently
detained by the SIS at Al—Qalá. Hussian Jassim Mohammed, Salah Jassim
Mohammed, aged 17, and Abas Jassim Mohammed, three brothers, were reportedly
E/CN. 4/1999/61
page 21
arrested in August 1998 and were said to be currently detained by the SIS at
Al-Qalá. Seyed Sadig Seyed Ahmed and his brother, Seyed Saleh Seyed Ahmed,
were reportedly arrested on 4 October 1998 and were said to be currently
detained by the SIS at Al—Qalá. Sheikh Jaffar Al A'li was reportedly arrested
on 6 October 1998 and was said to be currently detained by the SIS at Al—Qalá.
Abdul Zahra Abd Ali Ahmed was reportedly arrested on 5 October 1998 and was
said to be currently detained by the SIS at Al—Qalá. Seyed Jameel Abas was
reportedly arrested on 4 October 1998 and was said to be currently detained by
the SIS at Al—Qalá. Jaffar Abdulla Al Shamrukh was reportedly arrested on
14 August 1998 and was said to be currently detained by the SIS at Adlia
prison and the Dry Dock prison. Amar Ali Hassan was reportedly arrested at
the end of August 1998 and was said to be currently detained by the 515 at
Al-Qalá. Madhi Ahmed Madhi was reportedly arrested on 15 August 1998 and was
said to be currently detained by the 515 at a police station near Salman
Harbour. Ali Al Mulla Al Abas, aged 17, was reportedly arrested on
15 August 1998 and was said to be currently detained by the SIS at a police
station near Salman Harbour.
72. On 10 Nover er 1998, the Special Rapporteur, in conjunction with the
Chairman—Rapporteur of the Working Group on Arbitrary Detention, sent an
urgent appeal concerning attacks on the residents of Daih village by the
Security Forces, which allegedly started on 2 November 1998. According to the
information received, dozens of houses were attacked and several individuals
have been arrested, including: Jamil Al—Sa'af, Yousif Al—Sa'af, age 15,
Saeed Ibrahim Al—Sheikh, Haitham Ali Al—Sheikh, Seyyed Hassan Seyyed Jaffer,
Hussain Jaffer Haider and 15—year—old Mohammed Ali Al—Ekri. Among the houses
reportedly raided was Mahdi Al—Bazaz' house, which was attacked for three days
during different incidents, under the command of an SIS officer. It is
believed that Isa Al—Bazaz, Mr. Al—Bazaz's 16—year—old son, Layla Mahdi
Al—Bazaz, female, and Yousif Ahmad Al—Yatamab, a cousin of the family, were
all taken hostage by the Security Forces. Furthermore, it is reported that
Hanan Salman Haider, female, was arrested on 4 November 1998, following a dawn
attack on her parents' house led by a SIS officer. It is alleged that the
Security Forces launched a second attack on the same house and arrested Salwa
Hasan Haider, female. It is also reported that Saeed Al—Aradi's house was
also attacked and that his 19—year—old son, Amir Al—Aradi, and daughter,
Maryam Al—Aradi, were detained. The Rapporteurs also reported that one of the
persons released after arrest, Mona Salman Haider, female, had allegedly been
tortured.
73. On 18 Nover er 1998, the Special Rapporteur sent an urgent appeal on
behalf of seven minors. Sadig Abdula Yousif, aged 12, and the son of
Mahdi Abd Alnabi Al Marzug (his name is not known) , aged 12, were reportedly
arrested in Duraz in October 1998. They were said to be held in the Al Budaya
Centre. The two children were severely beaten at the time of their arrest.
Ayman Ali Ahmad Abdul Rasul and Imran Abdul Rasul Ali Abdul Rasul, both
aged 14, and Amar Abdul Rasul Ali Abdul Rasul, aged 13, were reportedly
arrested on 13 October 1998 in Ikir. Mohammed Abdul Mohsin Jassim Abdul Nabi,
aged 17, and Abdul Khalig Jassim Mohammed Yousif, aged 14, were reportedly
arrested on 10 October 1998 in Ikir. The place of detention of the last five
E/CN. 4/1999/61
page 22
children was not known. Two other minors, Hamid Ali Yousif and Ismael Sayed
Ali Seyed Hashim, both aged 17, were reportedly arrested on 9 October 1998 in
the area of Qadam, detained at the Al Budaya centre, where they were allegedly
tortured and ill—treated, and then released.
74. On the same day, the Special Rapporteur sent another urgent appeal on
behalf of Muhammad ‘Ali Muhammad al—'Ikri, aged 17. Having been released in
September 1995 after a July 1995 conviction on the charge of having thrown a
petrol bomb at the police, he was reportedly rearrested at his mother's home
in al—Qadam village on 1 November 1998. The reasons for his arrest, as well
as his current whereabouts, were not known. He was, however, believed to be
held in incommunicado detention at al—Khamis centre, south—west of al—Manama.
75. On 20 Nover er 1998, the Special Rapporteur, in conjunction with the
Chairman—Rapporteur of the Working Group on Arbitrary Detention, sent an
urgent appeal on behalf of the following persons: Abbas Abd Ali Yousif,
Musa Ali Yousif, Hassam Salman Al Qafas, Hussain Khalil Al Munlani,
Mahmood Hassan Al Farsani and Maytham Mirza Isa. According to the information
received, Abbas Abd Ali Yousif and Musa Ali Yousif were arrested in
October 1998 and have been tortured and ill-treated while being detained at
Al Budaya Detention Centre since their arrest. Hassam Salman Al Qafas was
reportedly arrested without a warrant, on 17 October 1998, during an early
morning raid at his house. Hussain Khalil Al Munlani and Mahmood Hassan
Al Farsani were reportedly arrested on 9 October 1998 and their current
whereabouts were not known. Maytham Mirza Isa was reportedly arrested in
Qadam in October 1998 and has since then been held in Al Budaya Detention
Centre. It was believed that all the above—mentioned persons were detained
under article 1 of the 1974 State Security Law, which reportedly allows the
authorities to detain individuals under administrative detention without
charge or trial for up to three years.
Follow—un to previously transmitted communications
76. By letters dated 8 December 1997 and 25 March 1998, the Government
responded to an urgent appeal that had been sent by the Special Rapporteur on
7 October 1998 (see E/CN.4/1998/Add.1, para.24) . According to the Government,
Mohammed Ahmed Juma Shafi'i was currently awaiting trial after having been
charged under the 1976 Penal Code. Allegations that he was held incommunicado
or that he might be subjected to torture were strongly refuted by the
Government, which indicated that he was detained in a regular place of
imprisonment. The Government also indicated the dates on which he was visited
by his family and doctors. Finally, the Government stated that no evidence of
ill-treatment had been reported and no complaint made by him to the medical
staff or the investigating judge.
77. By letters dated 26 January 1998 and 4 March 1998, the Government
responded to a communication sent by the Special Rapporteur on
17 November 1997 (see E/CN.4/1998/38/Add.1, para 21) . The Government denied
the allegations of ill—treatment of Yasser Abdul Hussein Ali Sayegh during his
detention in December 1996. It specified that systematic official records
showed regular family visits and routine medical attendances. The Government
also noted that no complaint, of any nature whatsoever, was at any time made
by or on behalf of Yasser Abdul Sayegh. Furthermore, the Government denied
E/CN. 4/1999/61
page 23
the allegation according to which he was hidden during a visit of the
International Committee of the Red Cross (ICRC) , since the latter was not
present in Bahrain at that time.
Observations
78. The Special Rapporteur is sufficiently concerned about persistent
allegations of torture to have requested from the Government an invitation to
visit the country (see above, para. 7)
BanQladesh
ReQular corimunications and replies received
79. By letter dated 23 September 1998, the Special Rapporteur advised the
Government that he had received information indicating that the detention of
women in so—called “safe—custody” is a practice employed by the Bangladesh law
enforcement system even though there is no basis in Bangladesh law for this
form of detention. Women are reportedly placed in “safe—custody” on a judge's
approval of a police application. A judge can grant an application for
wsafe_custody solely on his own discretion. Frequently, this form of custody
is used for women victims of rape, sexual assault, trafficking in women, and
kidnapping. This practice is cause for concern as it allegedly denies women
their liberty, facilitates ill—treatment and serves more as a form of
punishment than as a safety provision. Women in “safe—custody” are said to be
held with and treated like convicted criminals. Since there is no budget
allocation to provide for women in “safe—custody ”, they usually have to do
other prisoners' laundry in order to obtain a share of their rations.
80. By the same letter the Special Rapporteur also advised the Government
that he had received information on the following cases.
81. Sajal Chakm and Bimol Jyoti Chakma, two members of the Hill Students'
Council, as well as Atul Chakma and Sama Ranjan Chakma, two students,were
allegedly seriously beaten by members of the Bangladesh Armed Forces while
they were holding a meeting to condemn the attempted rape of four women in
December 1996 by members of the Bangladesh Armed Forces.
82. Shima Chowdhury was allegedly raped at Moghdi police camp on the night
of 9 October 1996. Police reportedly arrested both Shima Chowdhury and her
boyfriend, Abdul Hafiz, while they were walking towards the village of
Majidapura. Both were reportedly held at the Moghdi police camp until
9 October, when they were transferred to Rauzan police station. While
Abdul Hafiz was sent to a cell, Shima Chowdhury was held in the office of the
officer—in—charge. There, four officers allegedly raped her. The next day
she was reportedly transferred to the Chittagong Medical College Hospital,
where doctors saw indications of injuries on her body. On 15 October,
Shima Chowdhury is said to have been placed in wsafe_custody in the
Chittagong jail, the same jail in which her alleged rapists were held awaiting
trial. She was reportedly held in incommunicado detention.
E/CN. 4/1999/61
page 24
83. By the same letter the Special Rapporteur reminded the Government of a
number of cases transmitted in 1994, 1995 and 1996 to which no reply had been
received.
Ehutan
UrQent a inieals and replies received
84. On 31 July 1998, the Special Rapporteur transmitted an urgent appeal in
conjunction with the Chairman-Rapporteur of the Working Group on Arbitrary
Detention on behalf of Sangay Dorji and Tenzin Dorji, who were reportedly in
incommunicado detention since their arrest on 24 June 1998. They were thought
to have been arrested under suspicion of being affiliated with two Ehutanese
political organizations in exile, the Druk National Congress (DNC) and the
United Front for Democracy (UFD) . After being forced to strip to their
underwear, they were allegedly severely beaten in public by members of the
Royal Ehutanese Army at the time of their arrest, as well as subjected to
torture during interrogation; in particular, they are said to have been
subjected to che uwa , i.e., having the thighs squeezed between two rods. It
was believed that they were currently detained in Gomdar Samdrup Jongkhar,
eastern Ehutan. It is alleged that they have not been brought before a
judicial authority since their arrest, have not been charged, and have been
denied access to a legal adviser ( jabmi ) and relatives. In its reply of
20 August 1998, the Government stated that Sangay Dorji was apprehended by the
Gup (block headman) and Tshokpa (village committee member) of Godmar on
23 June 1998 when he came to the village to hand over money to the families of
some persons who had absconded from the country and are at present in Nepal.
He was subsequently released from custody on 8 July 1998. According to the
Government, the allegations of torture and other forms of ill—treatment are
baseless. The Government further denied that a person by the name of
Tenzin Dorji had ever been arrested by the Royal Ehutan Police.
85. On 12 August 1998 the Special Rapporteur transmitted an urgent appeal on
behalf of Needup Phuntsho, a class 9 school student, who was allegedly
tortured following his arrest by members of the Royal Ehutan Police in
Thimphu on 28 July 1998. He was reportedly being held at the Thimphu Police
Headquarters. Several days after his arrest witnesses reported seeing
Needup Phuntsho being dragged in handcuffs from house to house in Thimphu
to identify DNC and UFD supporters. On 20 August 1998, the Government
confirmed that an arrest warrant had been issued on 28 July 1998 against
Needup Phuntsho, and that he was subsequently arrested on the same day for his
involvement in seditious activities. He then appeared before the district
court on the following day and was remanded in police custody. The Government
stated that Needup Phuntsho visited Nepal four times in order to meet with
anti—national leaders from whom he reportedly received money to carry out
subversive activities. The Government's reply also specified that all his
detainee's rights would be respected, including visits from his relatives and
a lawyer of his choice. Allegations of torture following his arrest are said
by the Government to be baseless. According to the Government, he was
medically examined by the prison doctor on 31 July 1998 and his arrest was
reported to the ICRC.
E/CN. 4/1999/61
page 25
Brazil
ReQular corimunications and replies received
86. By letter dated 5 Nover er 1998, the Special Rapporteur advised the
Government that he had continued to receive credible information that police
routinely beat and torture criminal suspects to extract information,
confessions or money. Although a law defining and penalizing torture was
passed in April 1997, it is reported that no cases of torture had been
successfully prosecuted by the end of 1997. The problem of police brutality
and the extrajudicial killings of suspected criminals is reportedly endemic.
It is alleged that uniformed police, who doubt the judiciary's ability to
convict those they apprehend, often summarily execute suspected criminals, as
well as young street children, rather than apprehend them. The failure to
investigate, prosecute and punish police officers who commit acts of brutality
and extrajudicial killings reportedly creates a climate of impunity that
encourages continued human rights violations.
87. In that connection the Special Rapporteur referred to the following four
separate incidents. On 12 March 1997, an amateur video captured six uniformed
Rio de Janeiro police beating, torturing and extorting 12 residents —
including women - of the “Cidade de Deus” neighbourhood. According to the
National Association of Newspapers, police in Teresina, Piaui, detained and
beat a photographer on 2 April 1997 after he photographed policeman
Francisco Soares Rocha torturing 23 youths. In August 1997, a member of the
Chamber of Deputies asked State authorities in Goias to investigate a report
that the police tortured four persons in Aruana while investigating the
disappearances of two police officers. It is reported that police in
Pernambuco were alleged to have dumped a 17—year—old into a vat of chemicals,
seriously injuring him, in February 1997.
88. The Special Rapporteur also reported to the Government allegations that
the police use excessive force in carrying out court orders. On 20 May 1997,
uniformed police killed three homeless persons and injured 11 in violence that
erupted at a low—income housing project in São Paulo. The police were
carrying out a court order to remove over 400 families that had illegally
occupied the “Fazenda da Juta” housing complex on 3 May.
89. The Special Rapporteur also received information on the prison
conditions in Brazil, which are said to remain notoriously harsh. Severe
overcrowding is prevalent throughout the prison system. As a result, prison
riots are a common occurrence and prison guards are reported to resort to the
use of excessive force. In his letter the Special Rapporteur referred to
several cases of alleged incidents in prisons.
90. The Special Rapporteur also reported that in January 1997 the Legal
Medical Institute of Parana State opened an investigation into allegations of
torture at a prison in Foz do Iguacu. Seven prisoners had been taken to the
Institute with serious injuries, including external and internal wounds.
Further, it is reported that numerous abuses continue to occur at the
Carandiru Prison in Sao Paulo. In a section of the prison known as the
wdungeon , prisoners are allegedly kept in isolation for months without any
sunlight. Approximately 15 prison guards reportedly entered the wdungeon
E/CN. 4/1999/61
page 28
to the military camp of SOCARTI, then transferred to the military camp of the
third intervention unit, situated in the district of Kiriri. Since that time,
he had reportedly had no further contact with the outside world.
98. On 21 September 1998, the Special Rapporteur, together with the Special
Rapporteur on the situation of human rights in Burundi and the Chairman and
Rapporteur of the Working Group on Arbitrary Detention, sent an urgent appeal
on behalf of Pascal Birari. This person had reportedly been arrested by
soldiers on 30 August 1998 and was detained since at the Gatumba police
station. He was said to have been denied the medical treatment necessitated
by the ill-treatment he had received.
C amb 0 di a
ReQular corimunications and replies received
99. By letter dated 12 October 1998, the Special Rapporteur informed the
Government that he had received information concerning Ho Chenda and Chen, two
women members of the political party of Prince Norodom Ranariddh (the
FUNCINPEC) , probably suspected of maintaining political contacts with
supporters of Prince Ranariddh in Thailand and in the Kingdom of Cambodia.
They had allegedly been arrested at home, on 29 December 1997, by the Deputy
Commander of military forces of the province of Koh Kong. They had reportedly
been held incommunicado at the headquarters of the armed forces. After the
Special Representative of the United Nations Secretary—General on the
situation of human rights in Cambodia had intervened personally, they had
apparently been released on 26 February 1998. They were said to have been
subjected to both physical and psychological ill-treatment throughout their
period of detention. No action has yet been taken against the men who
detained them and subjected them to such treatment.
100. By the same letter, the Special Rapporteur reminded the Government of
the cases he had transmitted in 1997 and concerning which he had received no
reply.
Cameroon
ReQular corimunications and replies received
101. By letter dated 3 September 1998, the Special Rapporteur informed the
Government that he had received information concerning unsatisfactory
conditions of detention in most of the country's prisons, and especially in
those situated in isolated regions. Many prisoners were said to be living in
conditions which endangered their health and even their lives. Detention
centres were reported to be overcrowded, while sanitary facilities were said
to be non—existent or unsuitable, with the medical care and food provided to
prisoners being altogether inadequate. Many prisoners were said to be
suffering from diseases such as tuberculosis or skin diseases, without
receiving any medical treatment. The mortality rate in prisons was allegedly
very high as a result. It was also said that violence and brutality were
widespread. According to reports, prisoners were regularly beaten, especially
on the soles of their feet, and subjected to the “swing” torture, which
consisted in beating a person suspended from a rod with the hands tied behind
E/CN. 4/1999/61
page 29
the legs. They were also said to be occasionally chained up and locked in
punishment cells, where they were deprived of light, water and sanitary
facilities. Any detainees who had failed in an escape attempt would be
violently beaten. In addition, it was reported that women and children were
often detained in the same centres as adult men, which left them particularly
exposed to sexual abuse. Those bad conditions of detention did not appear to
be due only to practical problems, but to be rather the result either of a
deliberate policy or of negligence on the part of the authorities. The
following paragraph gives an account of the individual case transmitted by the
Special Rapporteur in relation to the above allegation.
102. Ebenezer Akwang, John Bah Atoh, Fon Peter Fonyam, Bika Iderisu,
Wislon Che Neba, Philip Tete, Nseke Stanley Tete, Patrick Yimbu, Lawrence Fai,
as well as two women, Prisca Fonyam and Grace Yaya Kwei, and 48 other persons,
had reportedly all been arrested following attacks carried out by armed groups
in several towns of the north—western province at the end of March 1997. Most
of the persons were said to have been detained at the central prison of
Yaoundé, known as Nkondengui prison, and in the main prison of Mfou. In those
two detention centres, on account of overcrowding, poor conditions of
sanitation and hygiene, and inadequate food and medical care, their lives were
said to be seriously at risk. Six persons detained in connection with the
events of March 1997 had reportedly died already, probably as a result of
ill—treatment or for lack of care. The Special Rapporteur has received
information from the Government concerning persons arrested in the course of
the same events, who had been mentioned in a letter sent in 1997 (see
paragraphs below)
103. The Special Rapporteur is still receiving information concerning the
situation of a number of students arrested following student demonstrations,
during which violent clashes occurred between students and security forces,
especially in Yaoundé. The following cases have been notified to him in the
current year: Patrick Kennedy Ikoe Natao and Patrick Asanga Nde were
reportedly arrested on 26 June 1996 by members of the “self—defence” group,
set up in 1996 to counter student unrest and said to be cooperating closely
with the security forces. They were allegedly undressed, beaten, and then
detained in different places, including the Provincial Division of the
Judicial Police, and by different units, including the Special Operations
Group (GSO), a special unit of the security forces. According to reports,
they were subjected to electric shocks and to the “swing” torture.
Christophe Ebanga Onguene, who had given rise to an urgent appeal by the
Special Rapporteur dated 19 June 1996 at the time of his arrest (see
E/CN.4/1997/7/Add.1, para. 44) and Alexandre Lebeau Mbaye, both students, and
Israel Kuenmoé, a teacher, were reportedly arrested on 10 June 1996 by
“self—defence” members and beaten. Benjamin Mvogo, a student, was reportedly
chased by members of the “self—defence” group and the security forces and
allegedly died as a result of beatings, especially on the stomach and chest.
Apparently no official inquiry was opened into the events leading up to his
death. With regard to the “self—defence” group, the Government gave a reply
on the cases mentioned by the Special Rapporteur in his letter of 1997 (see
the paragraphs below)
E/CN. 4/1999/61
page 30
104. The Special Rapporteur also transmitted information to the Government
concerning journalists, who had reportedly been ill—treated as a result of
their critical attitude towards the Government. Nicolas Tejoumessie was said
to have been abducted on 10 Septer er 1996 by plain-clothed individuals
claiming to be members of the security police, who allegedly beat him with an
electric cable and left him. Etienne Tasse reportedly received similar
treatment, on 1 December 1995. Christian Mbipgo Ngah was reported to have
been taken on 26 February 1997 to the headquarters of the gendarmerie of
Santa, where he was allegedly beaten for several hours, then released with no
charge being brought against him. Pius Njawé was reportedly arrested on
24 December 1997, then sentenced to two years imprisonment and a heavy fine on
13 January 1998. He was allegedly being held at the New Bell central prison,
in Douala, in difficult conditions. Although losing his eyesight, and despite
the recommendations of an ophthalmologist, he had been reportedly denied all
access to care by the manager of the New Bell prison.
UrQent a inieals and replies received
105. On 9 December 1998, the Special Rapporteur sent an urgent appeal on
behalf of a journalist, Michel Michaut Moussala, who had reportedly been
sentenced in January 1998 to six months' imprisonment for defamation and
subsequently arrested in September 1998. His appeal was due to be heard on
23 December 1998. His health was said to be deteriorating owing to the poor
conditions in which he was being held in New Bell prison. He was reportedly
suffering from asthma and needed constant medical care.
Follow—un to previously transmitted communications
106. By letter dated 22 January 1998, the Government supplied further
information concerning the cases submitted by the Special Rapporteur on
1 July 1997, to which it had already replied by letter dated S Septer er 1997
(see E/CN.4/1998/38/Add.1, paras. 44 to 46)
107. Concerning Roger Alexis Wamba, Armand Mbe and Blaise Ngoune, the
Government stated that they had been arrested by a “self—defence” group made
up of students, who therefore could not be considered public servants. The
Government stated furthermore that there was nothing to indicate that they had
acted with the consent of public servants. The Government added that the
group had acted only to defend its rights and that the persons mentioned above
had also failed in their duty to their community.
108. With regard to Pa Mathias Gwei, Samuel Tita, Zacharia Khan and others
arrested following the incidents of March 1997, referred to in the Special
Rapporteur's letter of the current year, the Government did not furnish any
further information concerning the persons mentioned in 1997. Nevertheless,
the Government indicated that all the persons arrested had received care
appropriate to their condition, and had been visited by national and
international human rights organizations; they had stated that they had not
been ill—treated, and their only problem had been that of difficult
cohabitation with other prisoners. The Government confirmed that some had
started a hunger strike, which was delaying the preliminary investigation of
the Military Court of Yaoundé. The Government further stated that
Ngwas Richard Pomasoh had died during his detention.
E/CN. 4/1999/61
page 31
Observations
109. The Government has agreed to the Special Rapporteur's request to visit
the country during 1999. The Special Rapporteur hopes that he will be able to
inform the Commission of the dates for the mission when he presents this
report.
Canada
UrQent a inieals and replies received
110. On 13 January 1998, the Special Rapporteur sent an urgent appeal on
behalf of Manickavasagam Suresh, a Tamil from Sri Lanka recognized as a
refugee under the Convention relating to the Status of Refugees in 1991, who
was reportedly scheduled to be returned to Sri Lanka from Canada on
19 January 1998. He has been detained since October 1995 under section 19 of
the Canadian Immigration Act on the grounds that he represents a threat to the
security of Canada, reportedly because he is an alleged member of the
Liberation Tigers of Tamil Eelam. The Government replied, on 13 May 1998,
that all appropriate steps, as dictated by the Canadian refugee determination
system and Immigration Act and Regulations, which prohibit the refoulement of
persons determined to be Convention refugees, were followed in this case. It
also stated that since the protection of the health and safety of Canadians
was an important objective of the country's irimigration policy, it must deport
persons who represent a threat to Canada. However, the Government was
prohibited by the Privacy Act and the case's status before the Federal Court
and Ontario Court, General Division, from releasing further information on the
case.
Chad
Follow—un to previously transmitted communications
111. By letter dated 10 November 1998, the Special Rapporteur reminded the
Government of a number of cases, which had been transmitted in 1997 and on
which no reply had yet been received.
Chile
ReQular corimunications and replies received
112. By letter dated 29 October 1998, the Special Rapporteur advised the
Government that he had received information concerning Oriana Guillermina
Alcayaga Zepeda, Roxana Paz Cerda Herrera, Magdalena de los Angeles
Gallardo Bórquez, 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, Rosa Ester Vargas Silva, all held
prisoner at the Centro de Orientación Femenina (COF) (Women's Guidance
Centre) , at Calle Capitán Prat 20, commune of San Joaquin. Those persons had
reportedly been ill-treated on Tuesday 15 July 1997 by anti-riot officials of
the gendarmerie of the commune of Santiago, for refusing to be locked up in
their cells. It was reported that the inmates had been beaten. The victims
E/CN. 4/1999/61
page 32
lodged a criminal complaint against the chief of the Security Department of
the Chile Gendarmerie, and against all Chile Gendarmerie officials involved in
the events.
113. In the same letter, the Special Rapporteur reminded the Government that
replies had still not been received to several cases communicated in 1997.
114. Owing to limited human resources, the Government's replies
dated 29 July 1997, 25 March, 12 and 29 May and 24 September 1998 could not
be included in this report but will be in the next.
China
ReQular corimunications and replies received
115. By letter dated 3 September 1998, the Special Rapporteur advised the
Government that he had received information on Zhu Shengwei) former vice—mayor
of Harbin, who had allegedly been detained in incommunicado detention since
October 1996 at the Daoli detention centre in Harbin city. He was allegedly
severely tortured in order to force a confession, on the basis of which he
was then convicted of corruption and sentenced to life imprisonment on
30 April 1998. During his interrogation he had allegedly been punched, kicked
and given repeated electric shocks. He was at that time reportedly suffering
from hunger and thirst, diarrhoea and recurrent high fever. No investigation
into the allegations of torture is known to have been carried out.
116. Concerning the situation in Tibet, by the same letter the Special
Rapporteur advised the Government that he had received information concerning
events that allegedly took place during the first week of May 1998 at Drapchi
prison. Prisoners who showed their displeasure at seeing Chinese flags being
displayed to celebrate International Labour Day were reportedly severely
ill—treated and tortured by the security forces. Some are said to have died
from their injuries. Since then, all the prisoners involved in the protest
were allegedly being held in solitary confinement and subjected to harsh
interrogation involving ill-treatment.
117. The Special Rapporteur has also transmitted information he had received
on the individual cases summarized below.
118. Sangye Tenphel (lay name: Gonpo Dorjee) was reportedly arrested
on 15 April 1995 with four other monks from Khang-mar Monastery in Damshung by
Chinese police officials for his participation in a demonstration around the
Barkhor area. He was then reportedly held in incommunicado detention. He
reportedly died on 6 May 1996 while in Drapchi prison. He is thought to have
been severely beaten with an electric baton and a cycle pump by two prison
officials.
119. Kalsang Thutop, a monk of Deprung Monastery serving an 18—year sentence
for his involvement in the 1989 Lhasa demonstrations, allegedly died in
Drapchi prison on 5 July 1995. He had reportedly been interrogated for two
hours the night he died, and a few hours later he was rushed to hospital.
E/CN. 4/1999/61
page 33
120. Ngawang Rinchen (lay name: Tashi Delek) , a monk, was arrested in 1989
for his involvement in the Lhasa demonstrations. During his detention at
Drapchi prison, he is said to have been tortured and ill—treated several
times. He was allegedly subjected to beatings, to shocks from an electric
cattle prod, to prolonged exposure to extreme cold, to deprivation of sleep,
food, water, toilet and bathing facilities, as well as medical care, to
solitary confinement, forced labour and exercise for prolonged periods without
rest, and forced standing for prolonged periods. He was released in 1996.
121. Ugyen Dolma, Kelsang Pelmo, Tenzin Choeden, Thupen Yonten, and another
woman, all nuns from Shungseb nunnery, were allegedly arrested in May 1988 for
demonstrating in the Barkhor area of Lhasa. All were reportedly tortured
while in Gutsa detention centre. Electric cattle prods were repeatedly rammed
in their rectums and nightsticks were thrust into their vaginas. The nuns are
also said to have been beaten by police officers and bitten by savage dogs.
122. Pasang (Pasang Dawa) , a monk from Dechen Sangnak monastery in Taktse
county, is believed to have died on 17 December 1997 in the public welfare
hospital in Lhasa after continuous torture inflicted by Drapchi prison
officials. He had been arrested on 8 December 1994 by the police while
undertaking a solo peaceful demonstration in Barkhor, the main market of
Lhasa. He was reportedly prevented from receiving medical treatment.
123. Konchok Tsomo, a nun from Meldro Gyama county, was reportedly detained
in Drapchi prison for three years, where she was denied proper treatment for
her upper right arm, which had allegedly been broken during an interrogation
session. After her release in June 1996, she went to a hospital for
treatment.
124. Yeshe Samten (lay name: Tenzin Yeshe) , a Ganden monk, reportedly died
on 12 May 1998 at Trisam prison, allegedly as a result of torture and other
forms of ill—treatment he sustained and which left two of his ribs broken. He
had been arrested after a protest at Ganden monastery in May 1996 against a
ban on the display of pictures of the Dalai Lama. He is said to have died a
week after his release.
125. Ngawang Jungne (lay name: Tashi Tsering) , a monk, was reportedly
arrested in January 1993 after returning from India, where he had worked as a
Tibetan language teacher, and is said to be serving a nine—year sentence. His
mental health has reportedly become badly affected by torture and other forms
of ill—treatment and long periods spent in solitary confinement. He was
reportedly transferred recently to the No. 2 prison in Tibet, Powo Tramo. He
is said to have lost his memory. He is reportedly not eating food nor wearing
clothes.
UrQent a inieals and replies received
126. On 10 Decer er 1998, the Special Rapporteur sent, in conjunction with
the Special Rapporteurs on freedom of opinion and expression, and on
violence against women, an urgent appeal on behalf of two Tibetan nuns,
Ngawang Sangdrol and Ngawang Choszom, who are currently detained in Drapchi
prison in Tibet. They are said to be in extremely poor physical condition,
after having been subjected to harsh interrogation and ill—treatment,
E/CN. 4/1999/61
page 34
including several beatings by prison officials, and placed in solitary
confinement after the alleged violent suppression of prisoners' demonstrations
inside Drapchi prison in May 1998. They have reportedly continued their
political activities in Drapchi prison after the May 1998 incidents, which is
the reason for their continuing ill—treatment and solitary confinement.
Follow—un to previously transmitted communications
127. By letter dated 21 January 1998, the Government replied to letters
sent by the Special Rapporteur on 14 July and 4 October 1995 (see
E/CN.4/1996/35/Add.1, paras. 102-122), 5 July 1996 (E/CN.4/1997/7/Add.1,
paras. 70-83) and 27 January 1997 (see E/CN.4/1998/38/Add.1, paras. 67-75)
128. Concerning Gyaltsen Kelsang, the Government indicated that, while
serving her sentence at the Tibet Autonomous Region prison she contracted
tuberculous meningitis and was released in 1994 to seek medical attention.
She was treated for two months at the Tibet Autonomous Region hospital, but
her condition did not improve and she died at home on 20 February 1995. The
Government denied that she was confined to bed for 20 days as a result of a
beating.
129. Concerning Lodroe Gyatso, the Government indicated that he is serving an
18—year prison sentence, but that he had never been beaten by prison guards.
130. Concerning Yeshi Pema and Gyaltsen Wangmo, the Government confirmed that
they had been arrested on 8 February 1995, but denied the allegations that
they had been beaten at the time of arrest.
131. Concerning Chime Dorje, also known as Lobsang Tudeng, Pema Tsering, also
known as Lobsang Kiba and Lobsang Tsegyal, also known as Lobsang Daji, the
Government indicated that there was no factual basis for the allegations that
they had been suspended or beaten.
132. Concerning Champa Tsondrue and Lobsang Choezin, the Government
indicated that the allegations that they were beaten while taking part in a
demonstration does not reflect the facts and that they have now both completed
their assignments of re—education through labour for having taken part in a
movement in Lhasa that is said to have severely disrupted public order.
133. Concerning Sherab Ngawang, the Government indicated that, while
undergoing re—education, she contracted nephritis and bronchitis, for which
she was given proper medical care. She was released on 2 February 1995 and
had never been beaten. The Government further indicated that after her
release she contracted gynaecological problems and gastric perforations and
died in April 1995 in a hospital in her home town, despite medical efforts to
save her life.
134. Concerning Tong Yi, the Government indicated that, after having finished
her re—education, she was released on 3 October 1996. The Government
confirmed that while she was at the Hewan re—education camp, she complained
about the conditions, but denied that the guards incited inmates to beat her.
E/CN. 4/1999/61
page 35
135. Concerning Sonam Tashi, the Government indicated that in July 1993 he
contracted hypertension and cardiac problems, for which he received medical
treatment. After his release, he died on his way to hospital. According to
the Government, he was not beaten repeatedly while in custody.
136. Concerning Jigme Gyatso, the Government denied that he was severely
beaten and indicated that he was sentenced to three months' imprisonment by
the Gannam People's Court on 19 October 1996.
137. Concerning Zheng Musheng, the Government indicated that while in custody
he quarrelled with fellow inmates who beat him, causing severe injury to his
head, brain and midriff. He was immediately sent by the guards to hospital,
but efforts to save him were unsuccessful. The Government further indicated
that the public security organs had now elucidated that crime and brought the
perpetrators to justice. But the Government denied that he had been beaten
into confession or that his mother had been interrogated, harassed and kept
under surveillance by the public security department.
138. Concerning Gao Shuyun, the Government indicated that in April 1995 the
public security organs stopped her from disturbing public order, but did not
use force. The allegations that, as a result of her injuries from having been
beaten, she could not feed herself unaided, were not true.
139. Concerning Wang Jingbo, the Government indicated that while detained he
often beat up other inmates. The Government reported that on 3 Decer er 1995
he violently attacked another prisoner, who unintentionally killed him while
trying to defend himself. The Government emphasized that his death was an
accident and was not caused by detention facility staff beating him.
140. Concerning Chungla, the Government confirmed that she was arrested while
attempting to cross the frontier with Nepal on 8 April 1995. According to the
Government, after her release she illegally left the country. The allegations
that while in custody she was tortured under interrogation and lost
consciousness several times were untrue.
141. Concerning Chen Londge, the Government indicated that while in Hangzhou
No. 1 Re-education-through-Labour Camp he repeatedly disobeyed orders. On
17 August 1996, he leapt from the second floor and broke his right leg. He
was subsequently treated in a hospital and is said to have now regained his
health. The Government denied that he was ever beaten up by guards during his
re-education, and indicated that his jumping from the building was entirely
his own doing.
142. Concerning Lama Kyap, the Government confirmed that he was arrested
on 2 July 1993, but denied the allegations that he was beaten with rods or
mistreated with chemicals. He was released on 2 August 1993. The Government
further indicated that the following year he illegally fled the country with
his wife and daughter.
143. Concerning Tsering Youdon, the Government indicated that he fled the
country in 1994 and that public security organs had never used violence
against him.
E/CN. 4/1999/61
page 36
144. The Government's reply also contained cases that had not been
transmitted by the Special Rapporteur. Lastly, the Government indicated that,
judging by the information provided to it, the remaining individuals on behalf
of whom the Special Rapporteur sent letters from 1995 to 1997 appeared not to
exist.
145. By letter dated 3 March 1998, the Government informed the Special
Rapporteur that Jampel Tendar, a Buddhist monk on behalf of whom he had sent
an urgent appeal on 7 October 1997 (see E/CN.4/1998/38/Add.1, para. 78) had
been treated humanely throughout his detention and had never been subjected to
torture or ill-treatment. The Government further indicated that he had been
sentenced by the Shannan Prefecture Intermediate People's Court to four years
for having engaged in separatist activities.
Observations
146. While he welcomes the Government's replies, the continuing failure of
the Government to extend an invitation to the Special Rapporteur to visit the
country reinforces his concern about the situation in relation to his mandate.
C 01 omb i a
ReQular corimunications and replies received
147. By letter dated 29 October 1998, the Special Rapporteur advised the
Government that he had received information on the following cases.
148. Marcos Bermudey, Javier Eliecer Delgado, Wilson D c Jesus, Largo Guarin
and Juan Jairo Usme Sanchez, all aged under 18, were stopped and searched on
5 May 1997, at Vereda la Independencia, Barrancabermeja, by eight soldiers of
the Nueva Granada battalion of the National Army. They were allegedly struck
on the chest; torches were flashed in their eyes and they were exposed to the
rain. Later they were forced to don army uniforms and were taken to the
places where they lived, where they were forced to point out houses and
individuals connected with the guerrilla.
149. Estanislao Castellano Garcia, a boy, was reportedly removed from his
home on 28 June 1997 at gunpoint by members of the National Army. He was
allegedly obliged to carry a heavy bag, after being told that it contained
dynamite, and to go to battalion premises, where he was again questioned about
the guerrilla and obliged to sign papers without knowing their content.
150. Alberto Usma and another youth called Miguel were arrested
on 21 April 1997 in the district of La Union, commune of San José de Apartadó,
by a paramilitary group. They were allegedly tied to posts. Miguel was said
to have been killed with machetes, while Alberto Usma reportedly escaped,
though wounded by several machete blows.
151. Diafanor Sanchey Celada, Luis Hernando David Huiguita and Elkin Emilio
Tuberquia Sepulveda, of the hamlet of San José, were surrounded on 14 May 1997
in San José by a group of soldiers, who allegedly immediately fired at them,
killing Diafanor Sanchey Celada on the spot. The other two were allegedly
thrown violently to the ground, beaten and threatened with decapitation.
E/CN. 4/1999/61
page 37
152. Julian Andres Valencia was taken by force from his workplace
on 9 June 1997 by three members of the armed forces, who accused him of
stealing an official motorcycle. Two of the members of the armed forces were
said to belong to Military Intelligence attached to military district No. 20,
and the third to the Technical Investigation Unit of the Prosecution
Department of Popayan. On the afternoon of Wednesday 11 June, the body of
Julian Andres Valencia was found in the district of Santa Barbara,
municipality of Popayan, showing signs of torture.
153. Elizabeth Ascanio Bayona, aged approximately 17, was removed violently
from her home on 20 July 1997 by a group of heavily armed men, who allegedly
identified themselves as paramilitary groups from Abrego and Ocana. Only
120 metres away, she was reportedly subjected to torture. She was threatened
with having her throat cut if she did not disclose the whereabouts of her
husband, Ramon Torrado, and her father, Adriano Ascanio Perez. As a result of
the blows she had received, the young woman was admitted to the health centre
with a diagnosis of a possible miscarriage. The young woman allegedly
recognized one of her aggressors at the military barracks of the Santander
Battalion on 23 July. Jorge Eli Ascanio, Juan Abel Ascanio, Ana Dilia Perez,
Ana Elida Bayona and nine children were allegedly tortured physically and
psychologically at their home by paramilitaries. At the end, before they
withdrew, the paramilitaries allegedly told the family that they would return
and that if they ever found Adriano Ascanio or Ramon Torrado, they would all
be killed, down to the smallest child.
154. Juan Canas, aged 80, and his wife Clara, aged 70, had their throats cut
with machetes on 17 June 1997 by uniformed personnel, when they appeared at
the army base in Riogrande. The murder allegedly occurred on the same day
that Ms. Gilma Rosa Duarte, their neighbour, had been hanged from a chain and
tortured at her home by the same uniformed personnel.
155. José Dolores N.N. was tortured and then murdered by paramilitaries, who
allegedly handed over her dead body at Vigia del Fuerte on 5 June 1997, at the
request of one of her sons, who was a member of the police force.
156. Edilberto Jimenez was taken from his house on 28 May 1997 at Llano Rico
by paramilitaries, who reportedly murdered him. According to reports, they
took him to a stand in the central park, gave him a military haircut, tied him
up and paraded him around the village, and then allegedly murdered him by his
parents' house.
157. Juan Gonzalez Huber, a Dutch national, and Eduardo Herminso Guillen
Gonzalez, a Colombian citizen, were arrested on 14 October 1997 in a street of
the municipality of Puerto Rico by members of the Cazadores Infantry Battalion
No. 36 of the National Army in San Vincente del Caguán. The latter allegedly
accused them of having committed the attack which had occurred that same
morning in the municipality of Puerto Rico. In the course of their
interrogation, the soldiers allegedly beat them, pointed a gun at their heads
and threatened to kill them.
158. Jose Antonio Graciano and Jairo Graciano were forcibly removed from the
area of Las Nieves at San José de Apartadó on 13 April 1997 by paramilitaries.
Their tortured corpses were later abandoned in the neighbourhood of Véles.
E/CN. 4/1999/61
page 38
159. Ramon Jimenez was arrested on 15 May 1997 in the area of Arenas Bajas by
soldiers and paramilitaries. His dead body showing signs of torture allegedly
reappeared on 21 May.
160. Jairo Massiol Cedeno, who had reportedly been arrested in the district
of Nueve de Abril by a paramilitary group based in Berrancabermeja,
department of Santander, was allegedly released on 17 June 1997 after being
tortured.
161. Hector Hernán MCndez and Raül Morales were reportedly arrested
on 13 April 1997 in Usme, 50 metres from the attorney's office. Their bodies
were found cut to pieces and showing signs of torture.
162. José Henry Hinestroza was allegedly tortured and murdered on 27 May 1997
on the banks of the Atrato by paramilitary groups.
163. Antonio Tuberquia, his spouse Blanca Libia Guzmán and Edilberto Usuga
were reportedly arrested on 19 December 1997 by armed men, presumably members
of the army, in the district of La Union, municipality of Apartadó, department
of Antioquia. The three were allegedly brutally beaten and threatened at
gunpoint.
164. Ari d Tovar Baron, on 3 June 1997, was reportedly forcibly removed from
a public establishment in the district of Monterrey, department of Bolivar, by
some six soldiers of the National Army. The victim was allegedly taken by
force to the banks of the river Magdalena and tortured for two hours. On the
same day, the peasant Edinson Enrique was reportedly arrested by members of
the army, tied up, beaten and forced to swallow great quantities of water.
165. Benedicto Aguilar was reportedly attacked in his own home in the
district of La Trinidad, municipality of Paime, department of Cundinamarca, on
17 April 1997, by five or six armed, plain-clothed members of the police
force. Gerardo Alonza was also attacked. Luz Stella Criollo was allegedly
forced to undress and was raped with a gun barrel.
166. Gilberto Sanchez GutiCrrez was reportedly arrested on the night
of 29 May 1997 by members of the Grupo de Acción Unificada por la Libertad
Personal (GAULA) of Norte de Santander in the municipality of Lebrija. He was
allegedly tortured, one method being having weapons forced into his mouth. He
is currently detained in the model prison of Cücuta. The Regional
Procurator's Office acting with the GAULA is aware of these facts and has
reportedly ordered a forensic medical examination of the victim.
167. By the same letter, the Special Rapporteur has reminded the Government
that several cases corimunicated in 1997 have still not been answered.
168. Owing to limited human resources, the Government's replies
dated 30 January, 3 June, 31 July and 10 Nover er 1998 could not be included
in this report, but will be in the next.
E/CN. 4/1999/61
page 39
ConQo (Democratic Republic of)
ReQular corimunications and replies received
169. By letter dated 19 October 1998, the Special Rapporteur informed the
Government that he had received information concerning the following cases.
170. Zahidi Arthur Ngoma, Ingele Ifoto, Justin Kampempe and Jean-Marie
Lukundji, all leading members of Forces du Futur, had already given rise to an
urgent appeal (jointly with the Special Rapporteur on the situation of human
rights in the Democratic Republic of Congo) when they had been arrested by the
Rapid Intervention Police (PIR) on 25 November 1997 (see E/CN.4/1998/38/Add.1,
para. 86) . They were reportedly taken by men of the PIR to the headquarters
of the Gendarmerie, known as the “Circonscription militaire” or “Circo”, where
they were allegedly violently beaten. The four prisoners were said to have
been transferred on 28 November 1997 to the Penitentiary and Reform Centre of
Kinshasa, formerly the Makala central prison. They are all reportedly accused
of infringing State security, but their trial has apparently not yet begun.
171. Emmanuel Cole, a national of Liberia, was reportedly arrested
on 27 Decer er 1997 and held in connection with the arrest of a journalist,
Mossi Mwassi, who had apparently been present at the press conference held on
25 November 1997 by the Forces du Futur. Emmanuel Cole was said to have been
detained at the National Security Council until 16 January 1998, at which date
he was released. During his detention, he was allegedly beaten with belts and
truncheons.
172. Eugene Diomi Ndongala Nzomambu, President of a political organization
known as the Front pour la survie de la democratic au Congo, and former member
of Parliament and Deputy Minister of Economy and Finance in the Government of
former President Mobutu Sese Seko, and his two sisters, Arlette Fula and
Charlotte Ndongi, were reportedly subjected to acts of torture and other forms
of ill—treatment. On the evening of 10 December 1997, a dozen members of the
military police allegedly went to his house and raped his two sisters there.
Diomi Ndongala was said to have been taken to different detention centres,
where he was violently beaten. On 8 January, he was allegedly transferred to
a hospital to be operated for acute appendicitis. According to reports, he is
still detained in hospital, although no charge has been brought against him.
173. Vovo Bossongo, member of the Union pour la dCmocracie et le progrCs
social (UDPS) , was reportedly arrested on 17 January 1998, with some 30 other
UDPS supporters. She was allegedly arrested in the UDPS offices by the Rapid
Intervention Police and the Military Police. She was said to have been taken
to the headquarters of the Gendarmerie (the “Circo”) . Like others who were
taken with her, Vovo Bossongo was allegedly subjected to electric shocks, and
released two days later.
174. Canado Lokwa, Hilaire François Mukandile Mpanya, Jena Albert
Mulumba Mukoma, Denis Bibanza, Fils Mukoka, Constantin Kabongo, Jean Pierre
Tshilumba Mfuamba, Pascal Kapuwa Ilunga and Jacques Kayena Lubanzadio were
reportedly arrested with some 10 other persons, on 15 August 1997, while
taking part in a festivity organized by the UDPS. All were said to have
been detained at the Central Intelligence Agency (ACR) , except for
E/CN. 4/1999/61
page 40
Jacques Kayena Lubanzadio, who was reportedly detained in a centre which had
belonged to the former Service d'action et de renseignement militaire (SARM)
During questioning, they were all allegedly subjected to electric shocks.
Although the state of health of some of them has given rise to concern, they
have apparently not received any medical care.
175. Richard Mpiana Kalenga was reportedly arrested on 30 June 1997, during
celebrations for the anniversary of independence, at the martyr's stadium
(formerly known as Kamanyola stadium) by an army lieutenant. He was allegedly
taken to the detention centre of Mont Fleury, where he was said to have been
beaten with ropes and truncheons, and trodden on. It was also said that his
head was held under the dirty water of an abandoned swimming pool. According
to reports, his captors threatened to kill him and forced him to write a
letter of repentance for causing unrest and for having contacts with
opposition politicians. He was reportedly released on 2 July 1997.
UrQent a inieals and replies received
176. On 17 February 1998, the Special Rapporteur sent an urgent appeal
concerning 20 persons, including Mr. Nzolameso, Nganda Baramoto, M. Honoré,
Commander of Ndjili airport, and M. Fukwa, UDPS member, who were reportedly
detained without a judicial record for some seven months on private premises
used as a detention centre for the Presidential Protection Unit, close to the
Ngaliema clinic in the commune of Gombe. The prisoners are reportedly locked
in a flooded cellar of the building, with no access to sanitation; there they
are allegedly subjected every day to extreme physical violence. In the same
urgent appeal, the Special Rapporteur referred to the case of Etienne
Tshisekedi wa Mulumba, who was reportedly arrested on 12 February, around
10 p.m., at his home in the commune of Limete, by armed soldiers driving in
several vehicles bearing the registration marks of the Congolese armed forces.
The Government reportedly stated that he had been sent back to his native
village in the province of eastern Kasal, but nobody has seen him arrive
there.
177. On 23 March 1998, jointly with the Special Rapporteur on the situation
of human rights in the Democratic Republic of Congo, the Special Rapporteur,
following up a communication by the latter dated 27 November 1997, sent an
urgent appeal concerning Professor Z'Ahidi Arthur Ngoma, President of Forces
du Futur, who was reportedly imprisoned on 25 November 1997 in the former
military district of Kinshasa, then taken on 30 January 1998 to the prison of
Buluwo. He was allegedly transferred on 5 March 1998 to the hospital of
Likasi to receive intensive care and was said to be in a critical condition as
a result of torture suffered during his detention.
178. On 24 April 1998, jointly with the Special Rapporteur on the situation
of human rights in the Democratic Republic of Congo, the Special Rapporteur
sent an urgent appeal regarding the situation of persons imprisoned in the
cells of the Detection Militaire des ActivitCs Anti—Patrie (DEMIAP) . Some
50 people have reportedly been detained in DEMIAP jails since the beginning of
March 1998. They are said to be exposed to very harsh conditions of
imprisonment and to be subjected every day to inhuman and degrading treatment.
The Special Rapporteurs mentioned the following persons in particular:
E/CN. 4/1999/61
page 41
Yossa Malasi, a former MP, Makulo Johnny, major in the former FAZ (Zairian
Armed Forces) , Lisongo Liévain, former officer of the DPS, Dango Roger, former
officer of the former SARM, Ngayoumou Rufin and Wawina Paul.
179. By the same urgent appeal, the Special Rapporteurs wanted to draw the
Government's attention to the situation of persons close to Commander Anselme
Masasu Nindaga. On 21 April 1998, after appearing twice before the National
Security Council, Mr. Nindaga was reportedly arrested and imprisoned at
Lubumbashi. Five other persons were reportedly transferred the same day in
the same locality and were detained at the Agence Nationale de Renseignements
(ANR/Katanga) . The five others were Mr. Mikobi, Commander Kamwanya Bora,
Major of the former FAZ and former assistant to Commander Masasu, who was
allegedly arrested on 19 April while in intensive care at Dr. Lelo's clinic, a
Lebanese national, a woman and a young boy, not identified. Meanwhile,
arrests were made of persons working for the Oniaphar pharmacy, whose owner is
reportedly accused of having financed the escape of Arthur Z'Ahidi Ngoma,
Olenganloy and Masasu. All these persons were allegedly also taken to the
NAR/Katanga. All the persons mentioned above reportedly appeared before a
representative of the Court of Military Order from Kinshasa and were allegedly
subjected to ill—treatment for the purpose of extracting confessions.
Cuba
180. By letter dated 10 November 1998, the Special Rapporteur reminded the
Government that replies had still not been received on several cases
communicated in 1995, 1996 and 1997.
Ecuador
ReQular corimunications and replies received
181. By letter dated 5 Nover er 1998, the Special Rapporteur advised the
Government that he had received information concerning the following cases.
182. Victor Gonza Pena was reportedly arrested on 23 September 1996 on the
international bridge of Marcará by members of the Ecuadorian army. He
allegedly remained for five days in police barracks and premises, being beaten
and hooded before being transferred to prison, accused of spying. He
reportedly suffered a cerebral oedema caused by blows to the head. He was
allegedly freed after more than a month in detention thanks to the
intervention of the Peruvian Consulate in that town.
183. Julio Calle Moscol, an evangelical clergyman, was reportedly arrested on
10 December 1996 at Lago Agrio by a military patrol as he was going to preach
in that town. It was said he had been released thanks to the intervention of
evangelical churches after two days of questioning and torture at military
premises in Santa Cecilia.
184. Andrés Pacheco Hernández, also known by the name of Victor Andrés
Anchante, was reportedly arrested on 14 April 1995 and imprisoned in Ambato
prison, on charges of spying, by Ecuadorian military intelligence and police
officials. He was allegedly subjected to physical ill—treatment in barracks
No. 38 at Ambato.
E/CN. 4/1999/61
page 42
185. Carlos Enrique Aguilar Bazán and Johnny Perez Torres were reportedly
arrested on 30 March 1997 charged with drug trafficking. They were reported
to have rejected the charge before the Peruvian Consul in Machala. They
allegedly complained that they had suffered physical ill-treatment at the
police station of Huaquillas.
186. Samuel JimCnez Rosales was reportedly arrested, without justification,
on 20 February 1995 in Huaquillas by soldiers of the Ecuadorian army. He
complained that he had been ill-treated.
187. William Marquez Campos was reportedly arrested, without justification,
on 7 February 1995 in Huaquillas by soldiers. He was allegedly ill-treated.
188. Angelita Morales was reportedly arrested, without charges,
on 7 February 1995 in Huaquillas by soldiers. She was allegedly ill-treated.
189. Anita del Rosario Sierra Rojas was reportedly arrested on
24 September 1996 by Navy Cadets of Puerto Hualtaco and released after two
hours. She allegedly suffered ill—treatment and attempted rape.
E cp qi t
ReQular corimunications and replies received
190. By letter dated 5 Nover er 1998, the Special Rapporteur advised the
Government that he had received information concerning the use of torture,
which is said to be systematically practised in Egypt. The State Security
Investigations Sector (SSIS) reportedly carries out torture in its offices,
including its headquarters in Cairo, and at Central Security Force camps.
Torture victims are allegedly taken to an SSIS office where they are
handcuffed, blindfolded and questioned about their associations, religious
beliefs and political views. Torture is alleged to be used to extract
confessions or information, coerce the victims to end their anti—government
activities and to deter others from such activities. The various methods of
torture reportedly used include stripping victims, beating with sticks and
whips, kicking with boots, electric shocks, suspension from one or both arms,
hanging victims by their wrists with their feet touching the floor or forcing
them to stand for prolonged hours, dousing them with hot or cold water, and
forcing them to stand outdoors in cold weather. Victims are allegedly
threatened, insulted and humiliated, and female victims stripped, exposed to
verbal and tactile sexual insults, and threatened with rape.
191. It is also reported that prison conditions are poor. Cells are
reportedly poorly ventilated, food is inadequate in quantity and nutritional
value, there is severe overcrowding and medical services are not always
available. The use of torture is reported to be common, and relatives and
their lawyers are often unable to obtain access to prisons for visits. In the
Al-Wadi-Al-Jadid prison and in the maximum security prison, the wScorpion
part of the Tora prison complex, there is reportedly widespread tuberculosis
among the inmates, with inadequate medical care provided.
192. By the same letter the Special Rapporteur advised the Government that he
had received information on the following cases.
E/CN. 4/1999/61
page 43
193. Amal Faroug Mohammad al-Maas, and her husband, Ahmad Moharimad Ahmad
al—Sayyid, were reportedly beaten in April 1993 by three officers of the State
Security Investigations Department (SSI) in Cairo. Amal Faroug Moharimad was
asked to go to the SSI branch at Gaber Bin Hayyan Street, where she was
allegedly forced to take off her clothes. She was left suspended from a bar
and repeatedly beaten by two police officers. She was then threatened with
rape and was beaten severely until she agreed to sign a paper stating that her
husband was hiding weapons. Her husband was reportedly tortured at the same
time. Amal Faroug Mohammad Al—Maas was reportedly released a few days later,
and her husband tried by a military court in May 1993, in connection with the
attempted assassination of the Minister of Information, and sentenced to
25 years' imprisonment. The Special Rapporteur has also been informed that,
in July 1996, Amal Faroug Mohammad Al-Maas was again subjected to torture in
connection with her 1993 arrest. Her arms, back, thighs and legs were
reportedly slashed with a sharp knife, she was subjected to electric shocks
and was left suspended from one arm for about two hours. Her mother was said
to have filed a complaint with the Public Prosecutor's Office in July 1996.
194. Waheed El-Sayid Ahmed Abdalla was reportedly arrested on 9 April 1998 by
the head of the Belgas Investigation Department, along with a number of
detectives, on suspicion of theft. He was reportedly held in an office
located on the second floor of the Belgas Investigation Department building,
where he was allegedly tortured brutally by policemen. He was allegedly
whipped and beaten with sticks and the butt of a machine gun, his nails were
pulled out and he was subjected to electric shock in the ears, nipples and
penis, and his hands and legs were tied up. He reportedly died as a result of
nervous shock. The police officers involved were reported to have been
suspended for 19 days pending investigations.
195. Tamer Mohsen Ali, aged 17, was reportedly arrested on 14 November 1997
by officers of the Mansoura police station for questioning in connection with
a theft. He was allegedly held for seven days in police custody, administered
electric shocks in his genitals and whipped on different parts of the body.
He reportedly died on 20 November 1997. His body had a wound on the head,
traces of blood in the nose and bruises everywhere. The incident was
reportedly registered.
196. Adem Mahmoud Adem was allegedly stopped by an officer of the Police
Investigation Department and a detective in a street of Alexandria on
26 November 1996. The police officer and the detective reportedly beat him in
the street, causing his artificial leg to fall off and he was reportedly
dragged on the ground three metres. He reportedly died before arrival at the
Coptic Hospital. The incident was said to have been recorded.
197. Waleed Zanati Shaaban was reportedly arrested on 15 December 1997 and
taken to the Karmouse police station in Alexandria, where he was allegedly
subjected to torture for three days by the officers. He was allegedly beaten,
hung from a door and given electric shocks on several parts of the body. He
reportedly died at the University Hospital on 21 February 1998.
198. Mohammed Ali Saad El—Kammar was reportedly arrested at his home
on 14 February 1998 by police from the Qalyoubeya Governorate. He was
E/CN. 4/1999/61
page 44
allegedly attacked, dragged outside the flat and down the stairs from the
second floor, while bleeding from the nose and mouth. As a result of his
treatment, he reportedly lost consciousness and died.
199. Mohammed Dahi Hemeida was reportedly arrested along with his family
on 30 August 1997 by police officers and taken to the Gamaley police station.
He was allegedly kept in police custody for two days, during which period he
was hung from the door with his hands tied up behind his back, beaten and
kicked in various parts of his body and administered electric shocks. The
torture reportedly caused swelling of the lungs, a possible jaw fracture and a
fracture of the right foot. The incident was said to be recorded.
200. Said Abdel—Aziz Mohammed Farrag was reportedly arrested on
4 December 1997 by a force from El—Sahel police station following a dispute.
He was allegedly held five days at the police station, during which period he
was severely beaten and hung from the door of the head of the investigation
department. He was released on 9 December 1997. His sons, Abdel—Aziz Saeed
Abdel—Aziz, and Wa d Said Abdel—Aziz were arrested on 24 December 1997, by
members of the same police station. During their detention, they were
reportedly punched and beaten with a plastic club on the back and stomach.
Notification was reportedly made of this case to the public prosecution, which
was followed by their release and an investigation order. The case was said
to be pending.
201. Gamal Shawki Othman was reportedly arrested on 1 June 1997 by the
investigation officers of El—Waily police station after they broke into his
home and attacked his mother. He was allegedly beaten in the street, on his
way to the police station. He was reportedly held at the police station for
13 days, during which period he was tied to a desk. He was allegedly flogged
on the feet and other parts of his body, and slapped so strongly that it
caused him to bleed from the left ear.
202. Nazema Mohammed Mohammed Wagdi, Mohammed Moharimed Mohammed Wagdi,
Khadra Mohammed Abdel-Wahab and Fatma Abdel-Aal Amer were reportedly subjected
to torture in their home on 15 May 1997 by the police force from Al—Hamoul
police station. It is reported that they sustained several severe injuries.
203. Shukri Mahmoud Farrag was reportedly arrested on 11 November 1997 by an
officer of El—Gamaleya police station in El—Sagha Street. He allegedly was
held in the station for seven days, during which period he was blindfolded,
had his hands and legs tied, was beaten with a stick and was administered
electric shocks on the toes and ears while a policeman sat on his chest. The
incident was said to be recorded.
204. Ahmed Mahmoud Youssif El—Nekhely was reportedly arrested at Zagazig
market on 25 May 1997 by two police officers. After having been forced to
remove his clothes, he was reportedly forced to walk naked and was taken to
the police station at the market. The incident was reportedly recorded.
205. Abdel—Salaam Hassan Hassan Omar was reportedly arrested on
17 September 1997 by an SSIS officer of Alexandria on the claim that he
belonged to the Islamic trend within the University. He was reportedly taken
to the SSIS office of El—Faraana, where he was held for nine days. During his
E/CN. 4/1999/61
page 45
detention, he was allegedly deprived of sleep and food, his hands were tied
behind his back, he was given electric shocks on the face, chest, ears,
nipples and genitals, and spent five days in solitary confinement. He was
finally released. The incident was said to be have been registered on
2 October 1997.
206. Hossam Mostafa Qotb Mostafa was reportedly arrested on 29 March 1997
from his home by a force from the Zaytoun police station, led by the head of
the investigation department, who took him to the Zaytoun police station.
During his detention, he was allegedly beaten and whipped with electric wires
and was given electric shocks on sensitive parts of the body. He was
reportedly forced to sign documents before being referred to the Zaytoun
Prosecution Office, which recorded the incident. The prosecution reportedly
ordered a medical examination, which found signs of injuries on the left arm
and back, a small scratch below the chest and a cut on the left thigh.
207. Mohammed Abdel—Sattar Hafez was reportedly arrested at his home
on 17 September 1997 by a force from the SSIS office in Alexandria and was
taken to the SSIS office at Faraana. He was allegedly detained for nine days,
during which period he was blindfolded and administered electric shocks on the
face, nipples, thighs and lips. He reportedly had his clothes removed and his
hands tied to two chairs while he was pulled from different directions. The
incident was said to be recorded.
208. Magdi Abdel-Moneim Ahmed was reportedly arrested with his family
on 28 September 1997 by a force from El—Sahel police station. His
wife and children were said to have been released three days later.
Magdi Abdel-Moneim Ahmed allegedly remained in custody and was coerced to
confess to a theft that took place in the building where he lives. During his
detention, his hands were allegedly tied behind his back, he was suspended
from a door and his legs were whipped and beaten with a stick. He was
reportedly also administered electric shocks in his ears and on his legs. As
a result of the torture, it was reported that he suffered superficial wounds
on arms and legs, and cuts on the right ear, left leg and all over his back.
209. Ad d Ahmed Suliman Ahmed was reportedly arrested on 5 December 1996 by a
force from the Agouza police station for arriving late at the police station
for implementation of a probationary sentence. The police officers allegedly
tore up his clothes with a knife and left him in his underwear, then put a
feminine scarf on his head to humiliate him and beat him with their fists and
the butts of their guns. He was reportedly then taken to the police station,
where he was beaten with a rubber hose and sticks. On 7 February 1997, the
same force broke into his home again, stripped him, beat him with a stick and
guns, and dragged him along the ground from his home to the police car. His
family is said to have made a notification to the public prosecution, which
was referred to the Agouza Prosecution Office.
210. Gomaa Abdel—Aziz Mohammed Khalil was reportedly arrested on 8 June 1997
from his cafeteria on the Cairo—Alexandria road by police officers who ravaged
the cafeteria and took him to Itaay El—Baroud police station to force him to
work as a police informer. When he refused, he was allegedly held for three
E/CN. 4/1999/61
page 46
days, during which period he was whipped on the back and beaten with fists on
the face. Notification was reportedly made to the Itaay El—Baroud Prosecution
Office.
211. Mohammed Mohammed Naguib Abu-Higazi was reportedly arrested on
17 September 1997 by an SSIS officer of Alexandria, accused of belonging to
the Islamic Group (El—Gammaa El—Islameya) . He was reportedly held at the SSIS
office of Faraana, Alexandria, for nine days, during which period he was
totally stripped of his clothes and administered electric shocks from a
cylinder—shaped stick with a spiral metal wire. He was reportedly deprived of
food for three days and was kept blindfolded throughout the entire detention
period. He allegedly was also threatened by an officer with sexual assault.
212. Medhat Mohammed Zedan was reportedly arrested on 12 October 1996 and
taken to El—Zawya EL—Hamra police station, following a squabble between
residents of Al—Zawya El—Hamra district. He was allegedly held on the third
floor of the investigation unit, where he was beaten on the back and chest
with a stick, and suspended from his arms. He was also taken to the
administrative room, where his hands were tied to the window and where the
investigation officer allegedy gave him 30 lashes on the feet, flooded the
detention room with water and ordered him to jump high. Reportedly he was not
released until 20 March 1997, when his appendix burst.
213. Emad Shehata Abdel—Fattah was reportedly arrested on 30 April 1997 by
police officers from Zagazig 2 police station in connection with a theft. He
was allegedly taken to the station, where he received electric shocks on the
hands and feet, was slapped on the face, was later kept suspended in a room
called the “refrigerator” and was denied water for more than 12 hours. The
torture was said to have caused him injuries and bruises on the face and feet.
214. Aysha Soudi Ibrahim was reportedly arrested on 15 June 1997 by
investigation officers of El—Gamaleya police station, accused of having stolen
a sum of money from a merchant of the area. When she denied the theft, an
officer allegedly tied her hands behind her back, ordered her to lie down on
her back and gave her electric shocks on the toes and other sensitive parts of
her body. He also reportedly extinguished cigarettes on her back to force her
to sign some documents about which she knew nothing.
215. Abdel—Baset Ahmed Hassab Abdel—Moniem was reportedly arrested in
November 1996 by officers and detectives from the Imbaba police station and
was taken to the station to be forced to work as a police informer. When he
refused, they allegedly smashed the coffee house he owns, and beat him on the
face. He was referred to the public prosecution, which ordered his release
under the guarantee of his place of residence. However, he was allegedly
taken again to the police station, where an officer tied his hands and beat
him with the butt of the gun on the knees and face. He reportedly was also
stripped of his clothes and placed in a room called the “refrigerator”.
216. Mahammed Abdel—Lateef Mosafa was reportedly arrested from his workplace
on 5 January 1997 by officers of the investigation unit of the El—Zawya
El—Hamra police station and taken to the police station, accused of stealing
two car mirrors. He was allegedly whipped and suspended from a window after
having his hands tied behind his back.
E/CN. 4/1999/61
page 47
217. Ayman Abdel—Wahid Ibrahim Marie, a lawyer, was reportedly subjected to
torture in the Kafr El—Sheikh police station on 22 December 1997 while
performing his duties. When he refused to leave the station, an officer
allegedly insulted him, slapped him on the face and pulled his clothes.
Another one then reportedly took him to a solitary confinement cell and
continued to attack him. A prosecution member ordered his release and made an
official report.
218. Ashraf Hashim Mohammed Gado was reportedly arrested on 8 August 1997 by
an officer from the Matareya police station on the claim that he had no proof
of having completed his military service. A police assistant summoned his
father to the station. But when the father arrived there, the officer denied
the son's presence at the station. On 20 August 1997, his father was told
that his son had been taken to hospital. The family was said to have found
Ashraf Hashim Mohammed Gado on a stretcher and in a coma at Matareya Hospital.
On 21 August 1997, he was reportedly taken to the brain and neurology
department of Demerdash University Hospital, where the medical report stated
that he was suffering from acute high brain pressure as a result of a trauma
on the head, partial paralysis and inability to speak.
219. Hamid Moharimed Sayid Saleh, Salim Saleh Ibrahim El—Qatami, Mostafa Sahel
Ibrahim El-Qatami, Abdel-Kareem Abdel-Kareem and Hussein Eid Abdel-Kareem were
reportedly arrested on 30 January 1998 by a force from the Qalyoub police
station following a reported theft. They were reportedly detained and
tortured for two days to coerce them to confess to the theft. They were
allegedly subjected to electric shocks and kept suspended from a door with
their hands and legs tied.
220. Ahmed Fouad Ibrahim was reportedly arrested on 30 January 1998 from
Al—Fath Mosque, in Maadi, and was taken to the SSIS headquarters at Lazoghli,
where he was held for three days. During his detention, he was allegedly
stripped of his clothes, blindfolded, his hands and legs tied behind his back,
administered electric shocks on his toes and penis, beaten with fists on the
stomach and kidneys and with a rubber stick in various parts of the body.
221. Nasr Awad Mohmoud was reportedly arrested at his home
on 13 Nover er 1997 by members of the Koum Ombu police station, Aswan, on
the claim that he possessed an unlicensed weapon, and was taken to the police
station. He was allegedly held for two days, during which time he was
administered electric shocks on the armpits and head, cigarettes were
extinguished on various parts of his body, and he was beaten with fists and
feet on the stomach and back. He was later taken to the Koum Ombu Hospital.
222. By the same letter, the Special Rapporteur reminded the Government of a
number of cases that had been transmitted in 1997 to which no reply had been
received.
UrQent a inieals and replies received
223. On 12 June 1998, the Special Rapporteur made an urgent appeal on behalf
of Abd al-Mun'im Gamal al-Din Abd al-Mun'im, who has been in detention since
1993. His health condition, which was already poor because of kidney problems
and asthma, has reportedly deteriorated seriously since he began a hunger
E/CN. 4/1999/61
page 48
strike, on 10 May 1998 in protest at his five—year detention. He reportedly
refused to stop his hunger strike, despite having been beaten several times.
He is reported not to have received any medical treatment, and medicine
brought by his family to the prison has not been delivered to him. The
Supreme Military Court in Cairo acquitted him and many other co—accused on
30 October 1993, but he was not released. He was instead subjected to a new
detention order the following day, and remanded in custody, initially at the
High Security Prison in Tora. He was then transferred to al—Wadi—al—Gadid
prison in the desert. He has been detained arbitrarily ever since, under
detention orders renewed periodically.
224. On 6 August 1998, the Special Rapporteur sent an urgent appeal on behalf
of Ahmad Ibrahim al-Sayyid al-Naggar, Mohammad Huda, Moharimad Hassan Mahmoud
and Magid Mostafa. They have all allegedly been forcibly returned recently to
Egypt by the Albanian authorities. They had reportedly been living in
Albania, where they were active in an Islamist charitable organization.
Magid Mostafa and Mohammad Huda were reportedly arrested at the end of
June 1998 in Tirana by the Albanian police, while Mohammad Hassan Mahmoud was
reportedly arrested on 16 July 1998. They had reportedly been sought by the
Government of Egypt, allegedly because of their Islamist opposition
activities. Since their alleged forced return, the four men are said to have
been held in incommunicado detention at the headquarters of the State Security
Investigations Department in Lazoghly Square, Cairo.
225. On 4 November 1998, the Special Rapporteur sent an urgent appeal on
behalf of Mohammad ‘Abeid ‘Abd al—'Aal, an alleged member of the Islamic armed
group al—Gama'a al—Islamiya. He is said to have been forcibly returned to
Egypt by the Ecuadorian authorities at the end of October. He had reportedly
left Egypt in 1986 and was arrested in Colombia in mid—October 1998. The
Colombian authorities reportedly deported him to Ecuador on 21 October on the
grounds that he had entered Colombia from Ecuador. On 31 October 1998,
President Hosni Mubarak is said to have announced that he had been returned to
Egypt, after the Egyptian authorities had asked the Ecuadorian authorities for
his extradition. He is reported to be currently held in incommunicado
detention at the headquarters of the State Security Investigation Department
(SSI) in Lazoghly Square, Cairo. He is believed to be being interrogated
about his activities outside Egypt and the Luxor massacre in November 1997.
226. On 4 December 1998, the Special Rapporteur sent an urgent appeal, in
conjunction with the Chairman-Rapporteur of the Working Group on Arbitrary
Detention, the Special Rapporteur on the independence of judges and lawyers
and the Special Rapporteur on freedom of opinion and expression, on behalf of
Hafez Abu Se'da, the Secretary—General of the Egyptian Organization for Human
Rights (EOHR) . On 1 December 1998, the Higher State Security Prosection
reportedly ordered his detention for 15 days. He was reportedly taken into
custody immediately when he appeared as a witness in a court hearing about his
organization's financing. It is believed that this case is in relation with
the publication of EOHR reports on deaths in custody in Egyptian prisons and
torture of Coptic Christians. His whereabouts were not known at the time the
urgent appeal was sent.
E/CN. 4/1999/61
page 49
Follow—un to previously transmitted communications
227. By letter dated 26 March 1998, the Government responded to cases that
were sent by the Special Rapporteur in April 1995 (see E/CN.4/1996/35/Add.1,
paras. 182—210) and to a request for follow—up.
228. Concerning Midhat Ali Zahra, the Government indicated that no evidence
was found to substantiate that he has been subjected to beatings at the
Salloum and Matrouh police stations. The Government further pointed out that
this person could not be traced and that no reports were drawn up against him
at the police stations mentioned.
229. Concerning Abdul Latif Luhammad Basha, the Government indicated that
no evidence was found to substantiante the allegation that criminal
investigation officers from the Mahalla al—Kubra 1st Precinct had assualted
him. His name could not be traced, since it had not been entered in any
reports.
230. Concerning Izzat Ismail Monzie, the Government indicated that the
Department of Public Prosecutions confirmed that it had found no proof of the
occurence of the incident in question.
231. Concerning Imam Muhammad Imam, the Government confirmed that he and
others were arrested in June 1994, but he was released the same day. The
Government had not found any evidence supporting the allegation that he had
been beaten during his detention at the police station.
232. Concerning Fateh El Bab Abdel Monniem Shaalan and his son Yasser, the
Government further indicated, in addition to its first reply (see
E/CN.4/1996/35/Add.1, para. 209), that the Southern Cairo Criminal Court had
sentenced one of the defendants to a term of one year's penal servitude and
suspended him for a period of three years with payment of costs, and had
acquitted the other defendants.
233. By the same letter, the Government responded to cases that were
first transmitted in July 1996 (see E/CN.4/1997/7/Add.1, paras. 118-123) and
to requests for follow—up. The reply is summarized in the following
paragraphs.
234. Concerning Khedewi Mahmoud Abdul Aziz and Mohammed Ibrahim Sayyid, the
Government indicated that the registers of complaints and communications from
prison inmates did not contain any allegations concerning the subjection of
any prisoners to assaults or beating at the end of August 1994.
235. Concerning the prisoners of Abu Za'abal prison allegedly injured in
September 1994, the Government indicated that investigations showed that there
had been no unusual incidents and that prison officials did not carry electric
batons as part of their equipment, as was alleged. No complaint had been
filed in this connection and no mention of the prisoners allegedly injured had
been found in the registers of the prison hospital.
E/CN. 4/1999/61
page 50
236. Concerning Nasr Ahmad All El-Sayyed, the Government indicated that no
reports had been filed at Fayyoum prison and that no evidence supported the
allegation. The Government further specified that he had not attended the
clinic or the prison hospital for treatment.
237. Concerning Abdul Latif Idris Ismail, the Government indicated that the
Southern Cairo Public Prosecutor had not found any reports or complaints
concerning this person. But, the Government confirmed his arrest and further
indicated that his case was still pending before the court. It denied that he
was beaten during his detention at the police station.
238. With respect to the case of 51 individuals arrested in the villages
of Zayida, Ousim and Giza, in December 1993, to which the Government
first replied in Decer er 1995 (see E/CN.4/1997/7/Add.1, para. 135), the
Government further indicated that the criminal court had heard the case and,
on 26 May 1997, acquitted all the defendants appearing before it in view of
the conflicting statements of the witnesses and the contradictory statements
of the victims.
Observations
239. The Special Rapporteur's concerns, as expressed in previous reports
(see, for example, E/CN.4/1998/38, para. 93 and E/CN.4/1997/7, para. 73)
remain applicable and indeed are reinforced by the continuing unwillingness of
the Government, despite earlier encouragement (as reported to the Corimission
last year: see E/CN.4/1998/38, para. 93) to invite him to visit the country.
El Salvador
240. By letter dated 10 November 1998, the Special Rapporteur reminded the
Government that no replies had been received to several cases communicated
in 1996.
Equatorial Guinea
Reqular corimunications and replies received
241. By letter dated 5 Nover er 1998, the Special Rapporteur advised the
Government that he had received information concerning the following cases.
242. Norberto Esonon, member of the Progress Party (PP) , was reportedly
arrested in May 1996 by three guards of the Niefang police station for
refusing to join the Partido Democrático de Guinea Ecuatorial (PDGE) , which
was in power. When they arrested him, the three guards allegedly beat
Norberto Esonon with their rifle butts in the head and caused injuries all
over his body, in addition to fracturing an arm and a leg. As a result of the
beatings, Norberto Esonon passed blood in his urine for days afterwards.
243. Amancio Gabriel Nse, one of the leaders of Convergencia para la
Democracia Social (CDPS) , was arrested in March 1996 by guards, who took him
to the Bata police station in the region of Rio de Muni. At the station, they
E/CN. 4/1999/61
page 51
allegedly beat him with a high voltage cable all over the body and on the
feet. As a result of the beatings, Amancio Gabriel Nse was unable to walk for
days.
244. César Copoburo was arrested by the authorities of Basacato
on 5 February 1998 after giving himself up. He was then allegedly tortured
by the Basacato guards. As a result, César Copoburo suffered a fractured
foot, but received no medical care.
245. Salvador Ndong Mba, a soldier, and 10 other soldiers were arrested
in July 1996 accused of plotting to overthrow the Government. Before being
tried and all sentenced to between 2 and 12 years' imprisonment, they were
violently beaten. Subsequently, when the Special Rapporteur on a situation
of human rights in Equatorial Guinea was able to visit Salvador Ndong in
December 1996 in prison, unhealed wounds were still visible on the feet and
marks on the wrists, which showed that he had been tortured by being hung up
by the arms. As a result of the treatment he had experienced, Salvador Ndong
allegedly had difficulty walking and moving his arms.
246. Gaspar Oyono Mba died of internal haemorrhage in June 1993, four days
after having been arrested by the Nsok-Nsomo police. During his detention, he
was allegedly tortured by the police.
247. Reginaldo Bosio Davis, Dominic Effiong Ibong, a Nigerian, “Mancanfly”,
Ruben Mosebi Biacho, Remigio Mete, Atanasio Bita Rop, David Sunday Nuachuku, a
Nigerian, Norberto Biebeda, Bienvenido Samba Momesori, Leoncio Kota Ripala,
Alejandro Mbe Bita, Emilio Rivas Esara, Ramón Riesa Malabo and Epifanio Moaba
Babo, Guillermo Salomón Echuaka “Alex” and Raimundo Errimola were reportedly
arrested together with some 500 other persons on the island of Bioko,
between 21 January and the middle of February 1998. Most of those arrested
belong to the Bubi tribe. These 15 persons were tried in Malabo, between 25
and 29 May 1998, and sentenced to death on 1 June 1998. During the trial,
they alleged they had been tortured to produce confessions, but their
allegations were rejected, despite the fact that the judge was reportedly able
to observe the fractured feet and hands of the prisoners, and the way their
ears had been cut. The women prisoners had also allegedly suffered equally
degrading treatment and some had allegedly suffered sexual abuse, including
rape in the presence of husbands and relatives.
UrQent a inieals and replies received
248. On 27 January 1998, the Special Rapporteur transmitted an urgent appeal
regarding the arrest of members of the Bubi tribe following the attack on the
military barracks of Luba, Moka and Bahó Grande on 21 January, according to
the Government by members of the illegal Movimiento para la Autodeterminación
de la Isla de Bioko (MAlE) . Those arrested include Victor Buyaban, a teacher,
and his spouse, arrested in Malabo on 21 January and beaten. Juan Loeri,
Carmelo Inn, Marcelo Lohoso (MP for the Partido Democrátio de Guinea
Ecuatorial) and Cristino Meda Seriche (until recently Director of the
Prime Minister's office) were reportedly arrested on 22 January, also in
Malabo. Aurelio Losoa, Florencio Sicoro and Anastasio Copobone were
reportedly arrested in Rebola. All of them were allegedly taken to the Malabo
police station.
E/CN. 4/1999/61
page 52
Ethiopia
249. By letter dated 10 November 1998, the Special Rapporteur reminded the
Government of a number of cases that had been transmitted in 1997 to which no
reply had been received.
UrQent a inieals and replies received
250. On 21 August 1998, the Special Rapporteur sent an urgent appeal on
behalf of Dr. Taye Woldemasayat, who was the leader of the Ethiopian Teachers
Association (ETA) and has been detained since June 1996, when he was charged
with armed conspiracy. On 28 July 1998, it is reported that the judge
overseeing his case ordered that he be held in hand—chains for 24 hours a day
until his next court appearance on 15 September. He has also allegedly been
placed in a so—called “darkness” cell, which lacks natural daylight, but which
has constant electric light. On 28 September 1998, the Special Rapporteur
sent a new urgent appeal on his behalf. According to the information recently
received, he was still held in hand—chains and in a “darkness” cell. In a
letter dated 30 Septer er 1998, the Government stated that he was neither
being held in hand—chains, nor in a “darkness” cell. The Government further
stated that his case was pending before the Federal High Court of Addis Ababa
and that his right of legal defence through the court was well protected by
the Constitution.
Follow—un to previously transmitted communications
251. By letter dated 9 January 1998, the Government responded to an
urgent appeal sent by the Special Rapporteur on 28 November 1998
(see E/CN.4/1998/38/Add.1, para. 130) . The Government indicated that all
the persons mentioned had been detained on the basis of warrants of arrest
duly issued by the court because of their alleged involvement in terrorist
acts and that consequently they were now on trial before the competent court
of law, in accordance with due process of law. The Government further assured
the Special Rapporteur that allegations that they might be subjected to
ill—treatment were without any basis whatsoever.
France
252. By letter dated 10 November 1998, the Special Rapporteur reminded
the Government of cases notified in 1996, to which no reply had been
received.
Observations
253. The Special Rapporteur notes the conclusion of the Committee against
Torture that it is concerned about “sporadic allegations of violence committed
by members of the police and gendarmerie at the time of arrests of suspects
and during questioning” (A/53/44, para. 143)
E/CN. 4/1999/61
page 53
Gambia
ReQular corimunications and replies received
254. By letter dated 3 September 1998, the Special Rapporteur advised the
Government that he had received information on the following cases.
255. Large groups of United Democratic Party (UDP) supporters were allegedly
assaulted on 22 Septer er 1996. The assaults were reportedly carried out
against opposition supporters participating in political rallies on that day,
the last Sunday before the Presidential election. At a UDP rally in Lamin,
soldiers reportedly arrived by truck and beat groups of UDP supporters with
fists, cutlasses and boots. At Denton bridge, members of the military
allegedly stopped vehicles containing some 100 to 200 opposition supporters,
forced them to lie face down and beat them with sticks and other weapons.
Some of the opposition supporters were then taken to Atlantic Barracks in
Banjul and kicked, whipped and beaten again. Three people are reported to
have later died as a result of their ill—treatment.
256. Yaya Drammeh reportedly died in custody, apparently as a result of
torture in May 1997. He had reportedly been held at Mile Two prison in Banjul
since Nover er 1996. He was reportedly brought to the hospital three days
before his death. Neither an autopsy nor an investigation into the allegation
of torture are said to have been carried out.
257. Sarjo Kunjang Sanneh (female) , Wassa Janneh, Dembo Sanneh, Yusupha Cham,
Dudu Sanyang, Ansumana Bojang, Bolong Sanneh and Momodu Nyassi were allegedly
tortured on 11 June 1997 at the National Intelligence Agency headquarters in
Banjul. Members of the Police Intervention Unit reportedly arrived at a UDP
gathering in the wSantangba cinema hall in Brikama on 8 June 1997, and took
several of the individuals named above to Brikama police station. The next
day members of the Police Investigation Unit reportedly went to the homes of
the others and directed them to come to the Brikama police station as well.
At the police station all above—named persons were placed under arrest and
were eventually transferred to the National Intelligence Agency headquarters
in Banjul. They were allegedly tortured on the night of 11 June 1997 by six
staff sergeants of the Presidential Guard and an operations officer of the
National Intelligence Agency. The alleged torture included whipping, beating
with iron batons and spraying cold water on the victims, who were told to stop
supporting the opposition party and that their lives would be in danger if
they reported the incident. While in custody the detainees were allegedly
denied medical treatment and visits from their families, and they slept on the
floor. They were released on 13 June 1997. Despite a statement issued by the
Attorney—General about the decision to investigate this allegation, no
investigation is known to have been carried out.
258. Yaya Sanneh, a UDP member, was allegedly brutally arrested at his home
in Bambali on 27 July 1997. He was reportedly arrested for having discussed a
military attack which had taken place a few days earlier at the military base
of Kartong. He is said to have been severely beaten by the arresting
soldiers, at the time of arrest and during his transfer to Farafenni police
station. On the day he arrived, the officer commanding the police station is
E/CN. 4/1999/61
page 54
said to have ordered that he receive medical treatment, and he is said to have
consequently been referred to the Royal Victoria Hospital in Banjul. Later,
the army categorically denied reports of ill—treatment.
UrQent a inieals and replies received
259. On 11 June 1998, the Special Rapporteur transmitted an urgent appeal on
behalf of Lamin Waa Juwara, a former member of Parliament, who was allegedly
arrested without a warrant at his home in Brikama on 18 May 1998 by armed
security officers wearing uniforms. The armed men are reported to have
dragged him into a vehicle waiting outside and taken him to an unknown
destination. He was believed to be currently held at the Mile Two prison in
Banjul. It is alleged that he has been tortured during his detention,
reportedly resulting in a fracture to his right hand and other injuries to his
body.
GeorQia
ReQular corimunications and replies received
260. By letter dated 3 September 1998, the Special Rapporteur advised the
Government that he had received information on the following two cases. The
Government responded to these cases by letter dated 7 September 1998.
261. Revaz Gogeshvili was allegedly beaten by police officers in an effort
to extract a confession. He was reportedly detained on 17 August 1997 in
connection with a murder and reportedly punched and struck with truncheons
on the head and soles of his feet by officers of the Sixth Police Department
in Kutaisi. The Government confirmed that Revaz Gogeshvili complained
about his unlawful detention and ill-treatment to the Chairperson of the
Parliamentary Subcommittee on the Penitentiary. But, the Government indicated
that medical examinations showed that he had not been subjected to any form of
ill—treatment, which led the Kutaisi Procurator's Office to reject criminal
proceedings against the incriminated police officers. Nevertheless, the
Imereti Land Prosecutor's Office considered that some essential facts had not
been examined, and therefore, returned the case to the Kutaisi Procurator's
Office for further information.
262. Nika Svanadze, Georgi Khonelidze and Seva Gotsridze, all journalists,
were allegedly beaten in August 1997 by police officers from the Second Police
Department in Kutaisi. The police were reportedly attempting to force the men
to confess to a robbery the officers were under pressure to solve. The
Government indicated that the Kutaisi Procurator's Office undertook an
investigation, during which Nika Svanadze and Georgi Khonelidze declared that
they had been put under pressure and verbally insulted. Later, they
nevertheless denied having been the subject of physical and verbal abuse by
the policemen. A medical examination performed by the Regional Bureau of
Expertise confirmed the inexistence of physical abuse. The Government further
informed the Special Rapporteur that on 17 March 1998 the Kutaisi Procurator's
Office issued a resolution not to institute any criminal proceedings in this
case. This resolution was currently being studied by the Procurators
General's Office, in accordance with the law.
E/CN. 4/1999/61
page 55
263. By the same letter, the Special Rapporteur reminded the Government of a
number of cases transmitted in 1997 regarding which no reply had been received
(see below)
264. By letter dated 2 October 1998, sent in conjunction with the Special
Rapporteur on freedom of expression and opinion, the Special Rapporteur
advised the Government that he had received information on Constantine (Kote)
Vardzelashvili and Giorgi (Gogi) Kavtaradze, two Georgian journalists for the
non—governmental Liberty Institute in Tbilisi, who were beaten and threatened
by the police on 21 September 1998. After their unsuccessful attempt to
interview the Head of the Special Police Unit concerning a previous incident,
they were allegedly threatened and beaten by the police and taken to the
police station of Chugureti District. On the way there, the two journalists
were allegedly beaten and threatened with being sexually assaulted by three
policemen. By letter dated 26 November 1998, the Government sent a
preliminary reply confirming that they had complained to the Chugureti
District Prosecutor's Office that they had been subjected to physical
pressure. According to the Government, an investigation by the Prosecutor
General of Georgia had commenced.
Follow—un to previously transmitted communications
265. By letter dated 7 September 1998, the Government responded to cases
that had been sent by the Special Rapporteur in February 1997 (see
E/CN.4/1998/38/Add.1, paras. 134-136).
266. Concerning Badri Zarandia, Gurgen Malania, Karlo Jichonaia,
Gabriel Bendeliani and Murtaz Gulua, the Government confirmed that they had
been arrested in September and October 1994 and, in June 1996, had been found
guilty of the charges retained against them. The Government further indicated
that their statements that they had been put under physical pressure had been
scrupulously studied by the court, which had finally concluded that no illegal
methods had been used against them.
267. Concerning Giorgi Korbesashvili, the Government indicated that in
June 1997 he had been found guilty by the Supreme Court of Georgia. It
further confirmed that during his trial he stated that he was ill-treated by
the police. According to the investigation, he attempted to escape from the
police station by jumping through a window pane, which caused his cut wrist.
He was taken to the Prison Hospital where he was provided with medical
treatment. The Government also indicated that, according to a 1995
psychiatric examination, a brain trauma that had occurred in 1990 had resulted
in his tendency to injure himself. After having examined his case, the court
definitely denied the existence of illegal pressure.
Germany
Follow—un to previously transmitted communications
268. By letter dated 1 April 1998, the Government responded to cases that
had been sent by the Special Rapporteur in November 1997 regarding alleged
ill—treatment of foreigners by L nder police authorities and the Federal
Border Guard (see E/CN.4/1998/38/Add.1, paras. 137-142)
E/CN. 4/1999/61
page 56
269. Concerning Abdennour Medjden, the Government indicated that in two
instances in the first semester of 1996 the authorities had tried to deport
him to Algeria. He is said to have violently resisted and to have complained
about ill—treatment by the officers of the Federal Border Guard involved in
his deportation. The Government further indicated that his current
whereabouts were unknown.
270. Concerning Sefer Avci, the Government indicated that there was no
substantive evidence to conclude that he had been physically ill-treated
during his arrest by police officers of Frankfurt—am—Main.
271. Concerning Sahhaydar and Hatice Yildiz, the Government indicated that
the investigations by Public Prosecution Office 1 at the Berlin Regional Court
did not produce sufficient evidence of criminal ill—treatment by the police
officers. But, the above—named persons are said to have offered considerable
resistance at the time of their arrest, which explained why they had sustained
minor injuries.
272. Concerning Dr. Waldemar Kalita, the Government confirmed that, because
he resisted Federal Border Guard officers, he was pulled out of his car and
handcuffed by them, but was neither punched, nor beaten with a truncheon. As
further clarification of the facts after a long investigation was not
possible, the proceedings had finally been discontinued, pursuant to the Code
of Criminal Procedure.
273. Concerning Ahmet Delibas, the Government indicated that in order to
defend himself while caught in a fight, a police officer used an irritant
spray device which caused injury to Ahmet Delibas. After having been searched
at the police station, he was taken to a hospital on the instruction of the
police doctor and received medical treatment there for several face injuries.
According to the Government, the police officer who arrested him admitted that
he had hit Ahmet Delibas several times in the face during the journey, as he
had put up quite a fight to defend himself. After extensive investigations,
the Dortmund Public Prosecution Office issued an indictment on 26 August 1996
at Dortmund Regional Court against the two arresting police officers for
joint physical injury perpetrated during the performance of official duties
to the detriment of Ahmet Delibas. In the judgment of Ham Local Court dated
16 May 1997, one of the police officers was sentenced to a fine for negligent
physical injury, the court having found that he had hit Ahmet Delibas several
times during the journey. This police officer has lodged an appeal. The
other defendant had been acquitted, since his participation in causing the
injuries had not been proved.
274. By the same letter, the Government gave additional information on cases
to which it had first responded in August 1996 (see E/CN.4/1997/7/Add.1,
paras. 168—171) and on which the Special Rapporteur had asked for further
information (see E/CN.4/1998/38, para. 103)
275. Concerning Ali Abdulla Iraki and Taha Iraki, the Government indicated
that the facts of the case could not be clarified owing to significant
contradictions in the statements from the different parties. The Government
added that the length of time that had elapsed (for which the investigating
E/CN. 4/1999/61
page 57
authorities were not responsible) meant that the clarification of the facts of
the case now seemed even more impossible than it did at the beginning of the
investigations.
276. Concerning Hidayet Secil, the Government denied the allegation that the
investigations had not been conducted impartially. The Government also
indicated that the statements of the police officers regarding the alleged
event of July 1995 was consistent with other findings, in particular with the
medical certificates. In accordance with the results of the investigations,
which, according to the Government, had also been accepted by Hidayet Secil
since he expressly refrained from lodging a remedy, there were no reasons to
believe that the police officers involved used force which, in type and
degree, exceeded what is permitted either under the provisions of police law
in Baden—WUrtemberg, or provisions on self—defence and giving assistance when
required.
277. Concerning Bynyamin Safak, the Government indicated that the Public
Prosecution Office at Frankfurt—am—Main Regional Court had preferred an
indictment against the two incriminated police officers. But, no decision had
yet been made regarding the opening of the main proceedings.
278. Concerning Azad Kahn Fegir Ahmad, Noorol Hak Hakimi and Mohammed Nabi
Schafi, the Government indicated that the Leipzig Public Prosecution Office
had initiated investigation proceedings against seven of the police officers
involved in the June 1995 operation on suspicion of causing physical injury
during the performance of their official duties. The investigation
proceedings were discontinued on 1 April 1996. No disciplinary measures were
taken against them.
Observations
279. The Special Rapporteur notes the concern of the Committee against
Torture “at the large number of reports of police ill—treatment, mostly in the
context of arrest, from domestic and international non—governmental
organizations in recent years, as well as at the conclusions of the study
entitled ‘The Police and Foreigners', commissioned by the Conference of
Ministers of Internal Affairs in 1994 and presented in February 1996, to the
effect that police abuse of foreigners is more than ‘just a few isolated
cases'” (A/53/44, para. 186)
Guatemala
ReQular corimunications and replies received
280. By letter dated 29 October 1998, the Special Rapporteur advised the
Government that he had received information concerning the following cases.
281. Martin Pelicó Coxic, of San Pedro Jocopilas, a member of the “Runujal
Junam” Council of Ethnic Communities (CERJ) , was reportedly kidnapped,
tortured and executed in June 1995. A military commissioner and two members
of the Civil Defence Volunteers Committees (CVDC) were arrested on suspicion
of having committed the torture and execution. Later, in July 1996, the judge
in charge of the case allegedly released them for lack of evidence.
E/CN. 4/1999/61
page 58
282. Estuardo Vinicio Pacheco Méndez, a journalist at Radio Sonora, was
kidnapped on 28 February 1996 and tortured by armed men. His attackers
reportedly released him with a warning to other journalists. Vinicio Pacheco
Méndez was forced to flee the country after receiving repeated threats.
283. Mario Alioto Lopez Sanchez was shot in the leg and taken away
on 11 Nover er 1994 by security forces, including agents of the Immediate
Reaction Force, on the campus of the University of San Carlos. The agents had
apparently entered the university campus in order to break up a demonstration,
firing on the students with automatic weapons. Dozens of students were
reportedly wounded. Mario Alioto LOpez Sanchez died in Roosevelt Hospital.
284. In the same letter, the Special Rapporteur reminded the Government that
several cases communicated in 1997 had remained unanswered.
Guinea—Bissau
ReQular corimunications and replies received
285. By letter dated 21 September 1998, the Special Rapporteur advised the
Government that he had received information on 16 people who were allegedly
tortured in a military barracks known as the Air Base, on the outskirts of
Bissau. All were reportedly arrested between December 1997 and February 1998
on suspicion of arms smuggling on behalf of the Mouvement des forces
démocratiques de Casamance. They were reportedly beaten soon after they were
arrested. They were allegedly forced to lie face down and were hit with
truncheons. The detainees said that they were no longer being tortured, but
some allegedly sustained injuries for which they did not receive medical
treatment.
Haiti
286. By letter dated 10 November 1998, the Special Rapporteur reminded the
Government of a number of cases transmitted in 1997 regarding which no reply
had been received.
Honduras
ReQular corimunications and replies received
287. By letter dated 29 October 1998, the Special Rapporteur advised the
Government that he had received information concerning Marcos Omar
Madrid Reyes, who had reportedly been brutally beaten on 26 January 1998 in
Tegucigalpa, during a peaceful demonstration to express solidarity with
Honduran victims of deportation by agents of the COBRA Special Squadron of the
Public Security Force (FSP) , under the command of Lieutenant Colonel
Luis Alonso Reyes Barahona. He allegedly suffered serious injuries to the
head, which seriously endangered his life. On the same occasion, Manuel de
Jesus Ramirez Zelaya, Hermes Ramirez Zelaya, Carlos Antonio Rivera,
José Concepción Züniga, Joel David Lagos and Cesar Augusto Gómez were
reportedly arrested and beaten, as a result of which they suffered severe
wounds.
E/CN. 4/1999/61
page 59
288. Owing to limited human resources, the Government's reply dated
17 November could not be included in this report, but will be in the next.
Hun Qary
Follow—un to previously transmitted communications
289. By letter dated 10 November 1998, the Special Rapporteur reminded the
Government of one case transmitted in 1997 regarding which no reply had been
received (see E/CN.4/1998/38/Add.1, para. 159). By letter dated
9 December 1998, the Government responded that two in-depth investigations had
been carried out in István Nagy's case by the competent public prosecutor's
office. After an appeal, the Chief Public Prosecutor's Office of Budapest
decided to terminate the investigation for lack of sufficient evidence
provided by István Nagy.
India
ReQular corimunications and replies received
290. By letter dated 11 November 1998, the Special Rapporteur advised the
Government that he had received information on the following cases.
291. Sucha Singh was reportedly taken into custody by a group of Punjab
police officers on 1 September 1997. He was reportedly taken to the Central
Intelligence Agency (CIA) Staff Office in Jalandhar where he was allegedly
ill—treated and tortured by several police officers. Police officers
reportedly stretched his legs apart, hung him upside-down from the roof, and
repeatedly tortured him. He was reportedly released on the same day after
prominent residents of his village intervened. On the day of his release, he
reportedly complained to two members of the Punjab Ministers' Cabinet, who did
not register his complaint.
292. Nisha Dcvi, an 18—year—old married woman, was reportedly tortured in her
house in Uttar Pradesh on 13 July 1996 by several police officers who were
said to be looking for her older brother—in—law. They allegedly threatened to
take her and her 13—year—old sister—in—law to the Bakewar police station by
forcing the two women into their jeep. When the two women resisted, police
officials allegedly ripped the sari from Nisha Dcvi's body and one officer
pinned her to the ground. Her feet were allegedly beaten with a wooden baton
and she was kicked on the vagina. The police reportedly left the village when
other residents intervened, but allegedly threatened Nisha Dcvi with rape if
she submitted a complaint. She nevertheless reported the incident to the
Superintendent of Police on 15 July 1996. The following day, she was examined
by a doctor who is believed to have confirmed injuries to her legs and spine
as a result of this incident. Only one of the four police officials said to
have been involved has reportedly been arrested. Local police officials are
believed to have placed pressure on Nisha Dcvi and her husband to withdraw her
complaint.
293. Debu Pramanik reportedly died in the custody of the West Bengal police
on 12 July 1996 after being taken into their custody on 9 July 1996. The
police allegedly refused permission to his wife to visit him while in
E/CN. 4/1999/61
page 60
detention and did not register his arrest. On 11 July 1996, Debu Pramanik was
said to have been taken to the sub—divisional judicial magistrate's office,
where the assistant superintendent sent him for medical treatment since he was
unable to stand or walk. However, the police reportedly did not take him to a
doctor, and he was released on bail on 12 July. His wife is said to have
attempted to take him home, but he was pronounced dead by a doctor 35 minutes
after his release. The post—mortem report from the Imambara hospital morgue
supposedly found a nur er of injuries on his body, including burn marks,
bruises and swellings. Investigations carried out by the West Bengal Human
Rights Commission (WBHRC) is said to have recommended the criminal prosecution
of the officer in charge of the Chinsurah police station, as well as
departmental proceedings against two other officers. To date, no action is
said to have been taken against the police officers.
294. Kanjugam Ojit Singh, a 15-year-old student from Manipur, was reportedly
arrested on 16 February 1997 by members of the 57th Mountain Division of the
armed forces on suspicion of having links with an armed opposition group. He
was then allegedly handed over to the police on 19 February 1997 and kept in
incommunicado detention. Late in the evening, his condition supposedly
deteriorated and he was taken to hospital, where he died the next day. An
inquest is said to have found several injuries on his body. Following a
public outcry over his death, a judicial inquiry is said to have been
established on 21 February 1997. In March 1997, the central government filed
a petition in the Guwahati High Court to challenge the right of the government
of Manipur to order a judicial inquiry into the death of Kanjugam Ojit Singh.
The central Government argues that under the Constitution the state government
did not have the authority to order a commission of inquiry into the conduct
of armed forces personnel deployed in a civil power. In its petition, the
central Government is also reported to have argued that there was no need for
an inquiry since Kanjugam Ojit Singh sustained a wsprained leg”, while being
chased by armed forces personnel, and that he had been provided with medical
treatment, but the petition is said to give no explanation for his subsequent
death.
295. Rajesh, a 14—year—old ragpicker, was said to have been forcibly dragged
into a jeep by several policemen in Trivandrum, Kerala, on 26 May 1996. No
reasons were reportedly given for his arrest. The police officers allegedly
began beating him in the jeep and continued at the police station. His mother
reportedly went to the police station, but was threatened against taking any
action to secure her son's release. On 3 June, Rajesh's mother filed a
wsearch petition” before the High Court, and the judicial magistrate is said
to have ordered a lawyer to search for Rajesh at the police station. On
7 June, police from Thiruallom station reportedly produced Rajesh before the
court of Vanchiyoor and claimed that he had been arrested on 6 June 1996 on a
charge of theft. The Court reportedly sent him to the juvenile wing of
Poonjapura Central Prison, from where he was released on bail on 10 June 1996.
On his release, he was reportedly admitted to the Government Hospital in
Trivandrum for treatment of his injuries, allegedly sustained while in police
custody. The police had allegedly pierced pins through his nails, banged his
head against the wall, forced him to sit on an imaginary chair for long
periods and beaten the soles of his feet. To date, no inquiry is said to have
been ordered.
E/CN. 4/1999/61
page 61
296. Phanjouban Boboy, aged 7, Khunumayum Joychandra, aged 9, and
Samjetsabam Joykumar, aged 10, all three from Andro Loupauchum Leikai,
Manipur, are said to have been sexually abused on 22 July 1998 by an
unidentified man in military clothing from the 17th Rajputana Rifles (RR) of
the Indian Army. On 23 July 1998, the villagers reportedly filed a complaint
to the camp commander of the 17th RR and registered the case at the Yairipok
police station. On 24 July, the case was reportedly brought to the Manipur
State Legislative Assembly. On the following morning, a lieutenant colonel of
the Indian Army is reported to have visited the RR camp at Andra and held a
meeting with local people in order to convince them to drop this case. He
allegedly refused to ensure that the military man in question would be
prosecuted in accordance with the army's rules. On 29 July, the army Staff
Court of Inquiry reportedly began an investigation of this case. It is
alleged that since the three children could not properly express themselves
because they do not speak English, the Staff Court of Inquiry reportedly
decided on 22 August 1998 that the children had not been sexually abused by a
member of the army.
297. Devki Rani was reportedly taken by the police from a civil hospital in
Ludhiana, where she was visiting her husband on 5 May 1995. In the Atam Park
police post, she was allegedly stripped naked, and had her legs stretched
apart while her hands were tied behind her back. Several police officers,
including the Head Constable, allegedly tortured and molested her. Her head
was reportedly dipped in water several times. She was allegedly kept in
confinement for three days before being released on 11 May 1995. A petition
in the High Court by the International Human Rights Organization in Punjab is
said to have been filed, and consequently, an inquiry is said to have been
ordered.
298. Nana Kaur, a woman from Jammu and Kashmir State, was reportedly taken
into custody by Punjab State police of the Gurdaspur district in January 1998.
The Punjab police are said to have entered another Indian State to seize and
interrogate her on the whereabouts of a relative, who was allegedly involved
in an armed opposition group campaigning for an independent Sikh State. She
was allegedly beaten before her release.
299. Hidiyat—ul—Rashid was reportedly arrested at his home in Natipora,
Jammu and Kashmir State, on the night of 29/30 March 1998 by members of the
13th Garhwal Regiment of the Indian Army. He is said to have been tortured
while in detention. He was reportedly released on 4 April 1998 and received
medical treatment in a civil hospital in Pulwama for the injuries he allegedly
sustained. The reasons for his arrest are not known.
300. Rajesh Pillai was reportedly arrested on 4 August 1997 by members of the
Sector 6 police, Bhilai Township, and taken to the police station for
questioning in a murder investigation. He was reportedly interrogated and
ill-treated for four days, during which period he denied his involvement in
the murder case. Hot water was allegedly poured over him. His legs were
allegedly burnt and part of his skin was pealed off. He was allegedly held
incommunicado in a secret place. He was reportedly sent to jail on
14 August 1997. Despite the magistrate's order that he be given appropriate
medical treatment, he was reportedly denied medical attention.
E/CN. 4/1999/61
page 62
301. Fatima, a widow from Hundi village, Kupwara district, was reportedly
arrested in her village on 25 November 1997 by army personnel of the Rashtriya
Rifles from the Hundi camp. The army personnel reportedly accused her of
helping militants. During two days, she was allegedly taken to various places
where she was gang raped several times by eight pro—government militants and
army personnel, among them one major. One of the perpetrators allegedly
placed his boots on her legs and introduced the barrel of his rifle into her
private parts. She was eventually released on 27 November 1997. Her parents
reportedly went to the Vilgam police station on 28 November 1997 to lodge a
report about the case, but the officer—in—charge is said to have refused to
register the case.
302. Humangot was reportedly picked up by the army on 4 April 1996 from the
town of Jalukie and taken to the 16th Assam Rifles camp at Samzuiram. He was
allegedly blindfolded, while his body was pricked all over with pins and a
lathi was squeezed on his lower body from hips to feet. For five days he was
allegedly severely beaten and abused, in order to force him to admit that he
was an underground National Social Council of Nagaland (NSCN) worker. Red
chillies were also rubbed into his open sores. He was reportedly handed over
to the police on 9 April 1996.
303. Kehuing was reportedly picked up by the army on 17 April 1996 from the
village weekly bazaar and taken to the 26th Assam Rifles camp at Ngwalwa. He
was allegedly blindfolded and had his hands tied. He was reportedly
interrogated in Hindi, a language that he did not understand, at gun point and
was beaten. He was reportedly released after two days on 19 April, after he
signed a “no harassment certificate”.
304. Messamo, a student of St. Anthony's College in Shillong, was reportedly
picked up on 15 March 1996 by army personnel. He was allegedly beaten,
administered electric shocks and hung by his arms. Messamo was reportedly
given injections in both arms and became unconscious. He is said to have
regained consciousness on 19 March in hospital, while undergoing a blood
transfusion, and was unable to speak. He reportedly had a large wound on his
stomach. After having reportedly signed a document in Hindi, a language that
he did not understand, he was handed over to the police on 28 March 1996 and
admitted to the Civil Hospital in Dimapur. It has been reported that Messamo
was brought to the hospital with 27 stitches on his abdomen and 14 stitches
around his neck. He was said to be very weak. Reports indicate that on
25 April, Messamo was tied to his hospital bed with a heavy metal chain,
despite the fact that he could barely sit up or whisper. The chains were
reportedly not even removed during toilet and bathroom visits. Doctors at the
Civil Hospital could not say whether any organs had been removed, since no CT
scan is available in Dimapur.
305. Chon Tangkhul was reportedly picked up by the army on 8 March 1996 in
Dimapur, where he is said to have gone in connection with his logging
business. He was allegedly confined in an army camp near Kohima until
28 March 1996. During his detention, he was reportedly severely beaten and
had electric shocks administered to his legs, stomach, fingers and buttocks.
306. Dilip Kumar Chakravarty was allegedly beaten in front of his family on
the night of 30/31 July 1995 by the Indian Special Task Force of the Delhi
E/CN. 4/1999/61
page 63
Police from Welcome police station. The police reportedly took him into their
custody and allegedly beat him until he lapsed into a coma. He allegedly
later died from the head injuries he sustained while in police custody. When
his wife and friends went to Welcome police station on 31 July 1995, they
found Dilip Chakravarty lying on the floor unconscious and bleeding profusely
from the head, mouth and nose. No medical aid was reportedly ever extended to
him, despite repeated requests. The police officers allegedly did not allow
him to be moved to a hospital. He was eventually transferred by his family to
the Holy Family hospital where the Assistant Commissioner of Police and other
officials allegedly threatened his wife that, if she was taking any action
against the police, she would meet the same fate as her husband. Ten police
officials were reportedly charged and convicted. However, the Assistant
Commissioner of Police and other officers who allegedly were instrumental in
this operation, have been left off the list of accused. The National Human
Rights Commission is said to have investigated the case and to have found the
Assistant Commissioner of Police guilty, but it reportedly refused to give a
copy of its report to his wife. The case is now said to have been taken to
the Supreme Court of India.
307. The Special Rapporteur has also received information on how human rights
activists in Punjab are suffering from police harassment. The main First
Information Report (FIR) alleges that the four persons named below held a
meeting at Gurduwara Sohana on 13 June 1998, in order to prepare the bombing
of the Burail jail. Manmohan Singh was reportedly arrested by officers from
the Kharar police station at his house, close to Panchayat village, on
10 June 1998. He was reportedly hung up and had his feet branded with burning
charcoals until he said that he was trafficking weapons. Jaswant Singh, from
Sidhupur Kalan, was reportedly arrested by the Kurali police on 12 June 1998.
He was allegedly tortured and illegally detained at the Central Investigative
Agency in Ropar until 18 June 1998. Rajinder Singh, also known as Neeta, was
allegedly abducted from Latheri village by local police on 11 June 1998, and
subsequently was detained at Morinda and Roprar police stations while his
family was kept under house arrest. He was reportedly beaten and tortured
until his release on 18 June 1998. He is believed to have been repeatedly
asked why he was involved with human rights work. Satnam Singh was reportedly
arrested by Chandigarh police on 8 June 1998 and illegally detained until
12 June 1998. He allegedly suffered electric shocks to his ear lobes and
feet.
308. By the same letter, the Special Rapporteur reminded the Government of a
number of cases transmitted in 1997 regarding which no reply had been
received.
UrQent a inieals and replies received
309. On 2 June 1998, the Special Rapporteur sent an urgent appeal, in
conjunction with the Chairman-Rapporteur of the Working Group on Arbitrary
Detention, on behalf of five Russian pilots arrested in India in November 1995
and remanded in custody at the Calcutta prison on charges of having delivered
weapons to India. Aleksander Klishin, Oleg Gaidah, Igor Moscvitin,
Igor Timmerman and Yevgeny Antimenko are said to face the death penalty. They
are allegedly held in a 6 square metre unventilated cell and have to sleep on
the stone floor. One of the prisoners is believed to have contracted
E/CN. 4/1999/61
page 64
tuberculosis in detention and another to have suffered two heart attacks. All
medical treatment is denied to the prisoners. By letter dated 17 August 1998,
the Government indicated that the allegations regarding cruel and inhuman
treatment, as well as lack of medical attention, were completely baseless. It
further stated that no such allegations had been made by the five prisoners in
any court of law and that senior officials of the Government met them from
time to time to oversee their welfare. It also indicated that the facilities
provided to them were more than what was given to other inmates. The
Government further indicated that they were provided with medicines when
required and confirmed that Igor Moscvitin was being treated for pulmonary
tuberculosis in hospital. Finally, the Government indicated that their right
to due process of law had been fully respected.
310. On 19 June 1998, the Special Rapporteur sent an urgent appeal, in
conjunction with the Special Rapporteur on violence against women and the
Special Rapporteur on freedom of opinion and expression, on behalf of
490 persons protesting peacefully against the Maheshwar Dam project in
Madhya Pradesh. Some of those arrested were reportedly beaten and had to be
hospitalized. A number of women are said to have been threatened with being
stripped naked in public if they made any further protests.
311. On 10 July 1998, the Special Rapporteur sent an urgent appeal on behalf
of Bimal Kanti Chakma, a leader of the Committee for Citizenship Rights of the
Chakmas of Arunachal Pradesh, who was allegedly arrested on 6 July 1998 by the
Arunachal Pradesh police in his home village of Jyotipur, Arunachal Pradesh.
He had been severely ill—treated when previously arrested in similar
circumstances.
312. On 24 July 1998, the Special Rapporteur transmitted an urgent appeal on
behalf of Jaspal Singh Dhillon, the Chairman of the Human Rights and Democracy
Forum and Chairman of the Sub—Committee on Co—ordination on Disappearances in
Punjab, who was reportedly arrested on 23 July 1998 in Chandigarh. He was
allegedly arrested by several station house officers from the Sohana police
station, Ropar. He had been severely ill—treated when previously arrested in
similar circumstances.
313. On 22 September 1998, the Special Rapporteur sent an urgent appeal on
behalf of Abdul Sattar, Sita Ram and Satya Narain, three social workers with
the Bal Rashmi Society, an organization concerned with the relief, welfare and
development of socially and economically disadvantaged women and children in
Rajastan. On 4 August 1998, Abdul Sattar was reportedly detained by police
and taken to Bassi police station, where he was allegedly stripped naked and
beaten up by police constables. He was then allegedly subjected to electric
shock treatment to his hands, feet and genitals during the next five days.
Sita Ram and Satya Narain were reportedly arrested on 5 August 1998 and have
been repeatedly beaten by police. During this period, the men were allegedly
threatened by police and made to confess serious crimes, including fraud and
rape, for which charges have now been filed against them. On 10 August 1998,
Abdul Sattar was reportedly brought before a magistrate who apparently failed
to order a medical examination for him, despite his confused and disoriented
state. On 14 August 1998, the three social workers were reportedly remanded
to judicial custody and sent to Jaipur jail. The three men were reportedly
sharing the same cell in prison as individuals accused of the rape of a woman
E/CN. 4/1999/61
page 65
in Jaipur in September 1997. The Bal Rashmi Society had been active in a high
profile state—wide campaign to ensure that the perpetrators of this rape were
brought to justice. None are thought to have received medical attention for
injuries sustained.
Follow—un to previously transmitted communications
314. By letter dated 4 February 1998, the Government responded to one case
that had been submitted by the Special Rapporteur in April 1997 (see
E/CN.4/1998/38/Add.1, para. 163) . Concerning Man Bahadur, Kumb Mbahadur and
Rajesh, the Government indicated that a magisterial inquiry was held to
investigate the allegations of torture and that the above—named had also filed
a Criminal Writ petition in the Punjab and Haryana High Court of Chandigarh.
The allegations were found false and baseless in both cases. It further
specified that the medical board, having examined the three persons, had
concluded that there was no evidence of torture.
Observations
315. The Special Rapporteur recognizes that there has been insufficient time
for the Government to respond to his letter of 11 November 1998. He believes
that his concerns addressed over the years are reinforced by the long—standing
failure of the Government to respond positively to his request for an
invitation to visit the country.
Indonesia
ReQular corimunications and replies received
316. By letter dated 27 July 1998, sent in conjunction with the Special
Rapporteur on violence against women, the Special Rapporteur advised the
Government that they had received information on Rosita Gomes Pereira, who was
allegedly raped by two members of the Indonesian military on 1 May 1998 in
Darnei, East Timor. The perpetrators were reportedly two soldiers from the
Lulirema military post.
317. By letter dated 20 October 1998, the Special Rapporteur advised the
Government that he had received information on the following arrests, which
are said to have been connected with the March 1998 Presidential elections:
Mahmud Yunus, Agus Rully Ardiyansyah, Cepi Kunaefi, Tanto Sugianto and
Muhamad Iqbal, all students from the Garut Youth and Students' Forum (Forum
Pemuda Pelajar Mahasiswa Garut) , were reportedly arrested on 16 February 1998
by police and soldiers from the district military command (Kodim) in Garut,
West Java. They were detained at Kodim until 18 February, when they were
transferred to police custody. They were allegedly subjected to ill—treatment
during interrogation by the military and denied access to lawyers. They were
reportedly released on 19 February 1998 on condition that they report to the
police twice a week.
318. Robert, one of seven student activists arrested on 7 February 1998
during a demonstration at a mosque in Bogor where they were said to have been
E/CN. 4/1999/61
page 66
distributing copies of a speech made by ousted Indonesian Democratic Party
(PDI) leader, Megawati Sukarnoputri, was allegedly subjected to ill—treatment.
He is said to have been released on 8 February 1998 on condition that he
report to the police.
319. Yudi Rahmat and Yudi Hermanto, two members of the Indonesian Prosperous
Workers' Union (Serikat Buruh Sejahtera Indonesia) (SBSI) , were reportedly
arrested in Jakarta on 8 March 1998 on suspicion of holding an illegal meeting
and distributing an SBSI protest letter. They were reportedly detained first
in military custody at the district military command in north Jakarta, where
they are believed to have been subjected to electric shocks. They were said
to have since been transferred to police custody.
320. The Special Rapporteur also transmitted information on the following
cases: Eduard Iwanggin, one of the numerous persons arrested following the
violent break—up of a peaceful flag—raising ceremony in Biak on 6 July 1998,
is said to be in poor health, allegedly as a result of beatings he received at
the time of his arrest. A doctor has reportedly recommended that he be
released in order to obtain medical treatment, but this is not known to have
happened. The military is said to have now acknowledged that 24 persons were
wounded when it broke up this ceremony and have announced the establishment of
a fact—finding team to investigate the events. However, its mandate and
composition are reportedly unclear.
321. Suroso, a member of Students' Solidarity for Democracy (Solidaritas
Mahasiswa Indonesia Demokrasi) (SMID) , Yakobus Eko Kurniawan, Head of
Development of the People's Democratic Party (Partai Rakyat Demokratik) (PRD)
and Ignatius Damianus Pranowo, Secretary—General of the Indonesian Centre for
Labour Struggle (Pusat Perjuangan Buruh Indonesia) (PPBI) , were reportedly
arrested without warrants along with 11 other activists in Jakarta on 11 and
12 August 1996. They were said to have been arrested by officers of the
Indonesian military intelligence agency (BIA) . They were kept in
incommunicado military detention for approximately one week before being
transferred to the custody of the Attorney—General's office on 18 August 1998,
where they were reportedly later charged. During the week in military
detention, they were allegedly subjected to torture. Both Suroso and
Ignatius Pranowo were allegedly beaten, while Yakobus Kurniawan was
administered electric shocks. In addition, all three were reportedly
subjected to interrogation for up to 26 hours without a break. On
28 April 1997, they were reportedly sentenced in the Central Jakarta District
Court.
322. In connection with the territory of East Timor, the Special Rapporteur
has transmitted information on the following individual cases.
323. Mario Soares Romaldo, Jose N. Da Silva, Henrigue da Conceicao,
Pascoal da Costa, Nelson de Carvalho and Antonio Lopes, all students, were
reportedly arrested at Surabya, on 21 December 1997, by masked members of the
Indonesian security forces. During a journey, blindfolded and handcuffed,
they were allegedly threatened with being thrown into the sea. They were
allegedly subjected to torture during interrogation. All six men were
reportedly released nine hours later at separate locations and warned not to
tell anyone of what had happened to them.
E/CN. 4/1999/61
page 96
in the Jalal—Abad temporary detention centre. These detainees were allegedly
being subjected to physical and psychological pressure to coerce them to
confess. The detainees are usually fed only once a day and on some occasions
have been kept without food the entire day. They are also believed to be held
incommunicado in severely overcrowded cells which contain no facilities
enabling inmates to observe basic rules of personal hygiene. The cells
reportedly lack proper ventilation and the inmates are not allowed to leave
the cells to get fresh air.
Lao People's Democratic Republic
UrQent a inieals and replies received
440. On 20 October 1998, the Special Rapporteur sent an urgent appeal on
behalf of Latsami Khamphoui and Feng Sakchittaphong, two former government
officials who had advocated peaceful political and economic changes in Laos.
They were reportedly detained in October 1990 and sentenced to 14 years'
imprisonment after an alleged unfair trial in 1992 on several charges,
including “propaganda against the Lao People's Democratic Republic”. They are
both believed to be suffering from serious health problems, for which it
appears they have not been provided with adequate medical care.
Feng Sakchittaphong reportedly stays lying down, while Latsami Khamphoui is
reportedly very weak and has lost a lot of weight. The two above—named
persons are reportedly detained in extremely harsh conditions at Prison Camp 7
in a remote area of Houa Phanh province, where it is believed there are no
medical facilities. In mid—February 1998 one of their friends,
Thongsouk Saysangkhi who had been arrested at the same time and in the same
circumstances, reportedly died from complications related to diabetes. By
letter dated 17 November 1998, the Government responded by indicating that the
concerned authorities had provided due care to these individuals while in
custody. A permanent medical attendant was appointed to look after their
well-being. It further stated that Thogsouk Saysangkhi had regularly been
treated for diabetes, but confirmed that he died in February 1998. Concerning
the two other prisoners, the authorities concerned had confirmed in
October 1998 that they were in good health and were receiving appropriate
treatment.
Lebanon
ReQular corimunications and replies received
441. By letter dated 3 September 1998, the Special Rapporteur advised the
Government that he had received information on the following cases.
442. Antoinette Yusuf Chahin was reportedly arrested and detained on
9 June 1994 on the alleged accusation that she was involved in the murder of
Father Sam'am Boutros al—Khoury on 11 May 1994 in Ajeltoun. She was
reportedly kept in solitary confinement for the first month of her detention,
during which period she was allegedly tortured by security officers in order
to compel her to confess her guilt. A medical report issued one week after
her arrest reportedly established that she had bruises on her arms, apparently
where she had been suspended from the ceiling, as well as a large bruise on
her feet and ankles as a result of a blow from a solid object, and that her
feet were swollen from being scalded in hot water. Further, she reported
internal bleeding in her uterus as a result of being beaten while suspended
from her arms. The forensic report on Antoinette Chahin was reportedly
E/CN. 4/1999/61
page 97
submitted to an investigating judge on 20 June 1994. On 7 January 1997 she
was reportedly sentenced to death, commuted to life imprisonment with hard
labour, for participating in the crime. In February 1997, a public prosecutor
reportedly issued a press release mentioning that the security officers had
denied under oath that the defendant had been tortured. The allegations of
ill-treatment have nevertheless not been independently, impartially and
publicly investigated. She is reportedly currently detained in the women's
prison of Baabda and to have been transferred to hospital several times during
her detention.
443. Tareg al-Hassaniyah reportedly died in Beit al-Din prison in March 1994,
allegedly from injuries he had sustained when his head was beaten against a
wall. Up to seven mer ers of the security forces were reportedly arrested in
connection with his death. The results of the investigation into this case
are not known.
444. Munir Mtanios reportedly died in custody in February 1996, allegedly as
a result of torture. An investigation is said to have been launched into this
case, but the outcome was never made public.
UrQent a inieals and replies received
445. On 17 Decer er 1997, the Special Rapporteur sent an urgent appeal on
behalf of a group of demonstrators who were reportedly arrested by Lebanese
security forces in East Beirut on 14 December 1997 in front of the MTV
television station. Among those arrested are said to be the following
persons: Hikmat Dib, Georges Haddad, Tony Harb, Dani Aoun, Rabi' Trabulsi,
Patrick Khouri, Wadi' Chukaib Ghurtubawi, Georges ‘Attallah, Toni Munayber,
Shafig Sassin, Wasim Sa'b, Toni ‘Attig, Ziyad ‘Absi, Elias Nimr Haddad,
Elane Germani, Pierre Hayek, George Soma, Rita Kirouz, Bassam Latif,
Nazar Khouri, Gilber Chahine, Rahi Sam'an, Michel Kirouz, Husam ‘Unaysi.
They, and many others, were reportedly protesting against the Government's
decision to ban a live MTV interview with former Lebanese army commander
General Michel ‘Aoun. The police and security forces are said to have used
excessive force against the demonstrators, including the use of batons, tear
gas and water canons. Several demonstrators reportedly suffered injuries.
Some of the protestors were reportedly detained in al—Hulu barracks prison in
Beirut.
Lesotho
ReQular corimunications and replies received
446. By letter dated 3 September 1998, the Special Rapporteur advised the
Government that he had received information on Rekselisitsoe Nonyana, who was
reportedly arrested on 5 March 1998 and held without charge until his release
on 9 March. During the time he spent in police custody he was allegedly
denied food and when he complained of being hungry police officers slapped
him, kicked him and beat him in the stomach with batons. By letter dated
14 November 1998, the Government indicated that he was neither tortured, nor
denied food while in detention.
E/CN. 4/1999/61
page 98
Libyan Arab Jamahiriva
ReQular corimunications and replies received
447. By letter dated 3 September 1998, the Special Rapporteur advised the
Government that he had received information on methods of torture and other
forms of ill—treatment reportedly applied against detainees during
interrogation to extract confessions, which in turn are used to incriminate
them. Methods are said to include: beating, includingfalaga, i.e, beatings
on the soles of the feet, hanging by the wrists from a ceiling or high window,
or being suspended from a pole inserted between the knees and elbows, electric
shocks, burning with cigarettes and being exposed to aggressive dogs,
resulting in bite wounds. Psychological ill—treatment reportedly includes
death threats and threats of abuse against the prisoner and his/her family,
particularly female relatives. In particular, political discourses are
reported to be broadcast repeatedly, loudly and late into the night in
Abu Salim prison, where long—term political prisoners and detainees are held.
This practice is believed to be used to deprive them of sleep. Another method
which seems to be constantly used is “car torture”, in which the detainee is
allegedly left in an extremely small room that resembles a box and is forced
to sit on an uncomfortable chair for weeks, with hands tied behind the back.
These methods are said to be used in detention centres and in prisons in
particular, Abu Salim prison is said to have underground rooms beneath the
prison administration building which are used for interrogation and torture.
448. By the same letter, the Special Rapporteur advised the Government that
he had received information concerning the death in custody of several
political detainees. Their deaths were allegedly the result of torture and
other forms of ill—treatment, as well as harsh prison conditions, including
lack of adequate medical care, overcrowded prison cells, poor diet and poor
hygiene. Injuries sustained during interrogation are also said not to receive
adequate medical treatment. In that connection, the Special Rapporteur has
received information on the individual cases summarized below.
449. Mohammad al-Fourtiya reportedly died at the end of 1994 or early in 1995
in Abu Salim prison. He was believed to have been suffering from high blood
pressure and diabetes, for which he had not been receiving adequate medical
care in prison. He had reportedly been held without charge or trial since
1989.
450. Al-Haddar Ben-Hayal reportedly died in 1994 allegedly because of lack of
adequate medical care. He had reportedly been detained without charge or
trial since 1989 and was said to have been suffering from paralysis in prison.
451. Noun Shalfit allegedly died in prison in 1993 or 1994, he had
reportedly been held without charge or trial since 1989. He was said to have
been tortured repeatedly during the first months of his detention in Abu Salim
prison and was frequently denied food.
452. Tawfiq ‘Awadh Jaber al-Hariri was said to have died in prison in 1994.
He had reportedly been suffering from heart problems. Following an alleged
unfair trial, he was said to have been sentenced to life imprisonment by a
court in Benghazi in 1991 and to have been imprisoned in al—Kuwayfiya.
E/CN. 4/1999/61
page 99
Jamal al-'Arbi, who was reportedly arrested in Tripoli in 1989, allegedly died
in custody in 1992. Ahmad al-'Amari reportedly died in custody in 1992. The
deaths of these three detainees were allegedly caused or precipitated by
medical neglect.
453. Gasmalla Osman Hamad Sharah reportedly died in custody in the summer
of 1996 as a result of medical neglect. He was said to be suffering from
ill-health and was under treatment in Tripoli Central Hospital when he was
reportedly arrested by the security forces and taken to al—'Ataba prison in
Tripoli. He was reportedly taken to al—Kufra camp near the Sudan border where
he died, allegedly because of lack of medical care in the camp.
UrQent a inieals and replies received
454. On 3 July 1998, the Special Rapporteur made an urgent appeal on behalf
of several persons in a number of major cities, particularly Benghazi in
north—east Libya, allegedly arrested on suspicion of sympathizing with the
Libyan Islamic Group. Those persons included Mohammad Faraj Al—Quallal, who,
on 5 June 1998, was reportedly arrested at his house by masked plain—clothes
security men who gave no reason for the arrest. His whereabouts are unknown.
Observations
455. The Special Rapporteur notes the concluding observations of the Human
Rights Committee, which was “deeply concerned over persistent allegations of
systematic use of torture and cruel, inhuman or degrading treatment or
punishment” (CCPR/C/79/Add.1O1, para. 10) and recalled that flogging as a
criminal penalty violated the prohibition of torture or cruel, inhuman or
degrading punishment and should cease immediately (para. 11)
Malaysia
UrQent a inieals and replies received
456. On 3 April 1998, the Special Rapporteur sent an urgent appeal on behalf
of 10 Acehnese persons, including A Qader Hasan, Iglil Hyas Leube, a member
of the Acehnese Refugee Committee in Malaysia, Zahizi Tengku Ubaidullah,
Musanna Tengku Abdul Wahab and Muhammad Diah Badai, who were reported to have
been taken into custody by the Malaysian authorities on 18 March 1998. All
were reported to hold identity cards issued either by the Malaysian
authorities or by the Office of the United Nations High Commissioner for
Refugees granting them permission to remain in Malaysia. No reason was given
for their arrest, but as a number of other Acehnese in possession of official
residence cards had reportedly been amongst those deported to Indonesia in
recent days, it was believed that the above—named persons were at risk of
similar refoulement. Reports had been received that asylum—seekers deported
from Malaysia to the province of Aceh in Indonesia since 26 March 1998 were
being detained in Rancung military detention facility in Lhokseumawe, where
they were said to be undergoing questioning. Access to the detainees by local
human rights lawyers had allegedly been denied. By letter dated 27 April, the
Government explained that the Government considered all illegal immigrants to
be economic immigrants, as opposed to political, and therefore made no
differentiation between immigrants from Acheh and other Indonesian illegal
E/CN. 4/1999/61
page 100
immigrants. Further, the Government stated it had received unequivocal
assurances from the Government of Indonesia that the returning individuals
would not be subjected to ill—treatment or torture.
457. On 4 May 1998, the Special Rapporteur sent an urgent appeal on behalf of
nine Acehnese believed to be held in incommunicado detention in various police
stations throughout Malaysia: Yusra Habib bin Gani, a prominent member of the
Acehnese Refugee Committee in Malaysia (ARCM) and Hasan bin Ahmad, a prominent
member of the Aceh—Sumatra National Liberation Front (ASNLF) , who were both
arrested in Johor Bahru on 27 April 1998 and are believed to be detained at
the local police headquarters; Razali bin Abdullah, also a prominent member of
ASNLF, who was arrested on 23 April and is held at police headquarters at
Bukit Aman, Kuala Lumpur; Ishak Daud, a member of ARCM, Syahrul Syamaun,
Muhammad Nasir Bin Usman, Ibrahim bin Daud, Bakhtiar bin Usman and Sofyan bin
Husan, a member of ASNLF. The latter six detainees were reportedly detained
at various locations in Malaysia between 24 March and 21 April 1998, but their
whereabouts remain unknown. The above—named persons have allegedly been
arrested in connection with their ASNLF activities and also as a result of
allegations that an “insider” may have wtipped off” other Acehnese about the
mass repatriation operation on 26 March, hours before it happened. By letter
dated 3 June 1998, the Government reiterated its reply of 27 April 1998. It
further indicated that, among the nine persons mentioned, only three had been
arrested: Yusra Habib Abdul Gani, Razali Abdullah and Hassan Ahmad.
According to the Government, they had received visits from their families.
Sofyan Hassan and Ishak Muhammad Daud were arrested on 3 January 1998, but
released on 12 January 1998.
458. On 1 October 1998, the Special Rapporteur sent an urgent appeal on
behalf of Anwar Ibrahim, former Deputy Prime Minister and Finance Minister.
The following day the police lodged affidavits with the High Court
containing allegations including sexual impropriety, tampering with evidence
and bribery. He was reportedly arrested under the Internal Security Act on
20 September 1998, after leading a demonstration in Kuala Lumpur calling for
the resignation of Prime Minister Mahathir Mohamad. He has since been
detained incommunicado in unknown locations. On 29 Septer er 1998 he
reportedly appeared in court showing visible marks of ill—treatment, including
a black eye that has allegedly impaired his vision and affected his balance.
During the hearing, Mr. Anwar told the judge of a severe beating he suffered
on the first night of his detention while he was handcuffed and blindfolded.
He was allegedly boxed very hard on his head. He was reportedly denied any
medical treatment and was not eating well, resulting in a loss of weight.
Prime Minister Mahathir Mohamad is said to have declared that he would
investigate claims by his former deputy. In connection with Mr. Anwar's
arrest, the following persons, most of them political allies, are believed
to have been arrested between 20 and 22 Septer er 1998: Ruslan Kassim,
Ahmad Zahid Hamidi, Ahmad Azam Abdul Rahman, Mukhtar Redhuan,
Shaharuddin Baharuddin, Abdul Halim Ismail, Kamarudin Jafaar, Kamaruddin
Mat Noor, Tamunif Mokhtar, Amidi Abdul Manan, Professor Siddiq Baba,
Ahmad Shabrinin Mohamad Sidek, Asmon Ismail and Dr. Zamri Abdul Kadir. All
the above—named, as well as S. Nallakarupan, who had been arrested in July,
are reportedly detained incommunicado under the Internal Security Act, in
unknown locations.
E/CN. 4/1999/61
page 180
Annex
INTERIM ORAL REPORT TO THE THIRD COMMITTEE OF THE UNITED NATIONS
GENERAL ASSEMBLY BY THE SPECIAL RAPPORTEUR OF THE COMMISSION ON
HUMAN RIGHTS ON TORTURE
(New York, 5 November 1998)
I am very grateful that the Committee has made it possible for me to
comply with the request of the Corimission on Human Rights to present to the
General Assembly this interim oral report on the overall trends and
developments with regard to my mandate (resolution 1998/38, para. 30)
However, it is also daunting to attempt to do justice to the task in a few
minutes.
The most difficult area in which to identify trends and developments is
with regard to the incidence of torture and similar cruel, inhuman or
degrading treatment or punishment. In any one year, information received from
reliable sources, usually non—governmental organizations, and transmitted to
Governments concerns around 60 to 80 countries. It does not always concern
the same countries from year to year, though some tend to figure more
consistently than others. In maybe half of the number, torture could be said
to be resorted to regularly.
Methods range from brutal and protracted infliction of extreme physical
duress, such as beatings with instruments, burnings with cigarettes, rape and
other sexual assault, through somewhat more refined techniques, still
occasioning intense pain, such as application of electric shocks, to methods
of a more psychological nature, such as mock executions or other threats
against the victim or his or her family creating apprehension of irreparable
harm to the victim or those close to the victim. There are no hard
borderlines between these categories. And, while it has not been possible to
undertake a thorough review of the information accrued over the years, my
intuitive impression is that there has been a manifest trend away from the
physical to the psychological, albeit this may have been the case only in some
countries.
Victims of torture can be anyone whom the agents of bodies charged with
law enforcement, the maintenance of public order or national security, suspect
to be in possession of wanted information, or to be a criminal, proof of whose
criminality could be confirmed by the extraction of a confession, or to be a
person or member of a group they wish to intimidate from engaging in unlawful
or otherwise unwelcome behaviour. They may be political activists, trade
unionists, journalists, lawyers, doctors, human rights defenders, as well as
suspected terrorists. They may also be children.
In earlier years, most information concerned individuals with some real
or perceived political connection. Increasingly, information is also received
in respect of torture victims believed to be involved in ordinary criminality.
How far this may be a reflection of greater awareness of a more long—standing
problem is speculative. Also foreigners or other minority group members may
be specially vulnerable to torture or similar ill—treatment at the hands of
law enforcement officials. Certainly, the political cases remain a serious
E/CN. 4/1999/61
page 181
problem, particularly in those countries faced with armed conflict or
sustained terrorism, whether or not a public emergency has been formally
proclaimed. Yet torture is a crime in most if not all national legal systems,
as well as under international law. Indeed, its especial gravity lies not
only in the appalling suffering inflicted on the victims, but also in the fact
that it is committed by those charged with upholding the law, Of course, in
so doing they bring into disrepute and poison the wellsprings of legitimacy of
that very law.
Its continuation is the result, as highlighted in the Vienna Declaration
and Prograrime of Action of the 1993 United Nations Conference on Human Rights,
of impunity. There are numerous causes of this impunity. They include: the
provision of the opportunity for captors and interrogators to torture by
allowing prolonged incommunicado detention of persons, that is, detention
without access to the outside world, including lawyers, doctors and family
members. The detainees are thus at the mercy of their custodians.
Another cause of impunity is the reluctance of prosecutors and judges to
believe allegations of torture emanating from members of marginalized or
threatening sectors. Conscious of the expectations of the political branches
of government and, sometimes, an insecure general public, they betray their
vocation by turning a blind eye to all, or at least all but the most
irresistible, evidence of torture. This may be as true in respect of
decisions to accept rather than exclude evidence that may well have been
obtained under torture, as in respect of proceedings brought against alleged
torturers.
A further source of impunity is the existence of special legal norms,
procedures and forums in cases where State security forces are involved.
Sometimes the perpetrators are immune from the ordinary courts, being subject
to, or perhaps more accurately, protected by, military justice, a phenomenon
that seems fortunately to be beginning to recede. Sometimes, special security
courts will know how to ignore claims that confessions are the product of
torture.
These contributions to impunity are of a de facto nature. There are
also causes of a de jure nature. This occurs, when a State adopts measures
aimed at relieving the perpetrators of torture of legal liability. This can
be, for example, by providing an unrealistically short period of prescription,
or the adoption of acts of indemnity, or the granting of general amnesties
requiring no individual accountability.
When the Commission created the mandate of the Special Rapporteur, in
1985, many hoped that the influence of the United Nations on its members would
speed the eradication of the scourge. We are still far from that. As long as
law enforcement officials know that their careers are best served by
torturing, rather than by complying with the law, they will continue to do so.
This means breaking through the shield of impunity.
Many of the numerous recommendations made by the mandate over the years
to the Commission would, if complied with, achieve the objective. I shall
confine myself to three here. First, at the national level, States should
E/CN. 4/1999/61
page 182
ensure that prolonged incommunicado detention, that is, any period beyond
24 to 48 hours, is not permitted. Failure to comply with that should be taken
by all concerned as corroborative evidence of allegations of torture causing
the burden of proof then to fall on those who would deny the allegations.
Second, at the international level, all States should speedily ratify the Rome
Statute of the International Criminal Court with a view to bringing to justice
perpetrators of torture in the context of genocide, crimes against humanity
and war crimes.
Third, at the transnational level, all States should ensure that they
have in place legislation that would permit them to take jurisdiction over
perpetrators of human rights crimes, including torture, as well as genocide,
crimes against humanity and war crimes. The long—standing interest of the
General Assembly in promoting the eradication of torture is gratifying. We
must all redouble our efforts to ensure that it does not for long constitute a
stain on the new millennium.
Download Attachments:
