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Report of the Special Rapporteur, Sir Nigel S, Rodley, submitted pursuant to Commission on Human Rights resolution 1998/38

E/CN.4/1999/61

          
          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
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          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
        
          
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          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
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          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.
        
          
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          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
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          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.
        
          
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          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.
        
          
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          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
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          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
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          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
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          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.
        
          
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          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
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          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
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          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
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          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
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          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
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          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
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          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
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          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.
        
          
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          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.
        
          
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          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
        
          
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          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
        
          
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          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
        
          
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          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.
        
          
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          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
        
          
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          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.
        
          
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          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.
        
          
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          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
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          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.
        
          
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          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)
        
          
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          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
        
          
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          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.
        
          
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          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)
        
          
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          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
        
          
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          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.
        
          
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          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.
        
          
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          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
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          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.
        
          
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          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.
        
          
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          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
        
          
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          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
        
          
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          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
        
          
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          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
        
          
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          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.
                  
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          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
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          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.
        
          
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          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.
        
          
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          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.
        

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Imprisonment, Torture