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Report of the Special Rapporteur, Mr. Nigel S. Rodley, submitted pursuant to Commission on Human Rights resolution 1992/32

E/CN.4/1995/34

 

          
          UNITED
          NATIONS
          E
          Economic and Social
          Distr.
          GENERAL
          Council
          E/CN.4/1995/34
          12 January 1995
          Original: ENGLISH
          COMMISSION ON HUMAN RIGHTS
          Fiftieth session
          Item 10 (a) of the provisional agenda
          QUESTION OF THE HUMAN RIGHTS OF ALL PERSONS SUBJECTED TO ANY FORM
          OF DETENTION OR IMPRISONMENT, IN PARTICULAR: TORTURE AND OTHER
          CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
          Report of the Special Rapporteur, Mr. Nigel S. Rodley, submitted
          pursuant to Commission on Human Rights resolution 1992/32
          Paragraphs
          Introduction

          III. CONCLUSIONS AND RECOMMENDATIONS 922 - 926 171
        
          
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          Introduction
          1. At its forty-first session, the Commission on Human Rights adopted
          resolution 1985/33, in which it decided to appoint a special rapporteur to
          examine questions relevant to torture. Since then the mandate has been
          renewed by Commission resolutions 1986/50, 1987/29, 1988/32, 1990/34 and
          1992/32. In resolution 1992/32, the Commission extended the mandate for a
          period of three years. In pursuance of these resolutions, the Special
          Rapporteur submitted annual reports to the Commission, which are contained
          in documents E/cN.4/1986/15, E/CN.4/1987/13, E/CN.4/1988/17 and Add.1,
          E/CN.4/1989/15, E/cN.4/1990/17 and Add.1, E/CN.4/1991/17, E/cN.4/1992/17 and
          Add.1, E/cN.4/1993/26 and E/CN.4/1994/31.
          2. In its resolution 1993/40, the Commission took note of the resignation
          of Mr. P. Kooijmans as Special Rapporteur and requested the Chairman, after
          consultations within the Bureau, to appoint an individual of recognized
          international standing as his successor. As a result, Mr. Nigel S. Rodley
          (United Kingdom) was appointed Special Rapporteur.
          3. In conformity with resolutions 1992/32, 1993/4 and 1994/37, the
          Special Rapporteur hereby presents his second report to the Commission.
          Chapter I deals with a number of aspects pertaining to the mandate and
          methods of work. Chapter II consists mainly of a review of the information
          transmitted by the Special Rapporteur to Governments, as well as the replies
          received, from 16 December 1993 to 20 December 1994. Chapter III contains
          conclusions and recommendations.
          4. In addition to the above-mentioned resolutions, several other resolutions
          adopted by the Commission on Human Rights at its fiftieth session are also
          pertinent within the framework of the mandate of the Special Rapporteur and
          have been taken into consideration in examining and analysing the information
          brought to his attention with regard to the different countries. These
          resolutions are, in particular:
          (a) Resolution 1994/22, entitled “Rights of persons belonging to
          national or ethnic, religious and linguistic minorities”, in which the
          Commission urged the Special Rapporteur to continue to give due regard to the
          Declaration on the Rights of Persons Belonging to National or Ethnic,
          Religious and Linguistic Minorities;
          (b) Resolution 1994/33, entitled “Right to freedom of opinion and
          expression”, in which the Commission invited the Special Rapporteur to pay
          attention to the situations of persons detained, subjected to violence,
          ill-treated or discriminated against for having exercised the right to freedom
          of opinion and expression as affirmed in the Universal Declaration of Human
          Rights and, where applicable, the International Covenant on Civil and
          Political Rights;
          (c) Resolution 1994/34, entitled “Human rights in the administration
          of justice”, in which the Commission called upon the Special Rapporteur to
          continue to provide, wherever appropriate, specific recommendations in regard
          to the effective protection of human rights in the administration of justice,
        
          
          E/cN. 4/1995/34
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          including proposals for concrete measures under the United Nations programme
          of advisory services and technical assistance in the field of human rights;
          (d) Resolution 1994/42, entitled “Staff members of the United Nations
          and of the specialized agencies in detention”, in which the Commission
          requested the Special Rapporteur to examine as appropriate the cases involving
          the human rights of staff members of the United Nations system and their
          families, as well as experts, special rapporteurs and consultants, and to
          transmit the relevant part of his report to the Secretary-General for
          inclusion in the latter's report to the Commission on Human Rights;
          (e) Resolution 1994/45, entitled “The question of integrating the
          rights of women into the human rights mechanisms of the United Nations and the
          elimination of violence against women”, in which the Commission requested the
          Special Rapporteur regularly and systematically to include in his report
          available information on human rights violations against women;
          (f) Resolution 1994/46, entitled “Human rights and terrorism”, in which
          the Commission urged the Special Rapporteur to address as appropriate the
          consequences of acts, methods and practices of terrorist groups in his report
          to the Commission on Human Rights;
          (g) Resolution 1994/53, entitled “Human rights and thematic
          procedures”, in which the Commission requested the Special Rapporteur to
          include in his report comments on problems of responsiveness and the result
          of analyses, as appropriate, in order to exercise his mandate even more
          effectively, and to include also in his report suggestions for areas where
          Governments might request relevant assistance through the advisory services
          programme administered by the Centre for Human Rights; the Commission also
          called on the Special Rapporteur to include in his report gender-disaggregated
          data and to address the characteristics and practice of violations of the
          right to life that are specifically or primarily directed against women, or to
          which women are particularly vulnerable;
          (h) Resolution 1994/66, entitled “Human rights and mass exoduses”, in
          which the Commission called upon the Special Rapporteur to seek information,
          where appropriate, on problems resulting in mass exoduses of populations or
          impeding their voluntary return home and, where appropriate, to include such
          information, together with recommendations thereon, in his report to the
          Commission;
          (i) Resolution 1994/67, entitled “Civil defence forces”, in which the
          Commission invited the Special Rapporteur to pay due attention to the matter
          of civil defence forces in relation to the protection of human rights and
          fundamental freedoms;
          (j) Resolution 1994/69, entitled “Advisory services and the Voluntary
          Fund for Technical Cooperation in the Field of Human Rights”, in which the
          Commission invited the Special Rapporteur to continue to include in his
          recommendations, whenever appropriate, proposals for specific projects to be
          realized under the programme of advisory services;
        
          
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          (k) Resolution 1994/70, entitled “Cooperation with representatives of
          United Nations human rights bodies”, in which the Commission requested the
          Special Rapporteur to continue to take urgent steps to help prevent the
          occurrence of intimidation and reprisals against persons who seek to
          cooperate, or have cooperated with United Nations human rights procedures, as
          well as relatives of victims of human rights violations, and to continue to
          include in his report to the Commission on Human Rights a reference to
          allegations of intimidation or reprisal, or of hampering access to
          United Nations human rights procedures, as well as an account of action he has
          taken in this regard;
          (1) Resolution 1994/93, entitled “The plight of street children”, in
          which the Commission called upon the Special Rapporteur to pay particular
          attention to the plight of street children;
          (m) Resolution 1994/95, entitled “World Conference on Human Rights”,
          in which the Commission requested the Special Rapporteur to include in his
          report, where appropriate, a section on the implementation of the
          recommendations contained in the Vienna Declaration and Programme of Action.
          I. MANDATE AND METHODS OF WORK
          5. The Special Rapporteur described his mandate and methods of work
          extensively in his last report (E/CN.4/1994/31, chap. I) . The Commission
          expressed its approval of the methods of work in its resolution 1994/37
          (para. 13) . The Special Rapporteur has sought to act consistently with these
          methods in the year covered by the present report.
          6. In accordance with paragraph 9 of Commission resolution 1993/47 (see
          E/CN.4/1995/31, para. 18) and paragraph 10 of resolution 1994/53, in which it
          encouraged thematic special rapporteurs and working groups to continue close
          cooperation with relevant treaty monitoring bodies, the Special Rapporteur
          held a valuable meeting with the Committee against Torture on 27 April 1994.
          The Special Rapporteur draws the Commission's attention to paragraph 16 of the
          Committee's most recent report (A/49/44) which, in his view, accurately
          summarizes their meeting as follows:
          “Both the Committee and the Special Rapporteur stressed that their
          mandates were different, but complementary to achieve the common goal of
          reducing and eventually eradicating the plague of torture in the world.
          They were of the view that the existing coordination of their respective
          areas of work made it possible to avoid any overlap in their activities
          and that exchanges of views and information should continue on a regular
          basis.”
          7. Pursuant to the same paragraphs calling for cooperation between
          thematic mechanisms and country rapporteurs, the Special Rapporteur, in
          response to a request by the Special Rapporteur on the situation of human
          rights in Rwanda, accompanied the latter on his first visit to Rwanda
          from 10 to 20 June 1994.
          8. With reference to the need to avoid unnecessary duplication and the
          contribution that joint visits by thematic mechanisms make to this end (see
        
          
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          E/CN.4/1994/31, para. 17) he and the Special Rapporteur on extrajudicial,
          summary or arbitrary executions sought and obtained the agreement of the
          Government of Colombia for such a joint visit. The report of the visit,
          which took place from 17 to 26 November 1994, is contained in document
          E/CN.4/1995/111. This is believed to be the first such visit by more than one
          thematic mechanism other than together with a country-specific mechanism.
          9. While unnecessary overlap and duplication of work are to be avoided,
          there can be no avoiding the involvement of more than one mechanism in respect
          of the same cases, if different aspects of those cases concern the mandates of
          different mechanisms. Thus, in a letter of 24 May 1994, the Permanent Mission
          of the Republic of Korea to the United Nations Office at Geneva indicated
          that, in respect of two cases that involved the mandates of both the Special
          Rapporteur and the Working Group on Arbitrary Detention, it would expect its
          reply to the Working Group also to be referred to by the Special Rapporteur.
          The Special Rapporteur, of course, had no difficulty with this principle,
          provided that the response in question addressed the issues relevant to each
          mandate. In a letter of 17 August 1994, he so informed the Government.
          10. In addition to the joint missions referred to in paragraphs 7 and 8
          above, the Special Rapporteur was invited by the Government of the Russian
          Federation to visit the country to consider measures concerning prisoners'
          rights. The report of that mission, which took place in July 1994, is
          contained in addendum 1 to the present report.
          11. In the two years of his mandate the Special Rapporteur has raised with a
          number of Governments the possibility of their extending an invitation to him
          to visit their countries. He is happy to report to the Commission that, in
          addition to the visit to Colombia, the Government of Venezuela has agreed to a
          visit to that country early in 1995. A number of other requests have not so
          far yielded firm invitations. References to these may be found in chapter II,
          paragraphs 86 (Cameroon), 380 (India) , 401 (Indonesia) and 552 (Pakistan)
          12. Within the framework of related activities of the Commission on Human
          Rights, the Special Rapporteur participated in the first formal meeting of
          special rapporteurs and other mechanisms of the special procedures of the
          Commission, which took place from 30 May to 1 June 1994. The report of the
          meeting is contained in document E/CN.4/1995/5. In his capacity as Rapporteur
          of the meeting he also attended the open-ended working group on the
          organization of the work of the Commission on Human Rights, where he
          introduced the report of the meeting. The Special Rapporteur was
          unfortunately prevented by the simultaneous timing of one of his missions from
          attending the Commission's Working Group on a Draft Optional Protocol to the
          Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
          Punishment. He was, however, able to make his views on certain issues
          available to the Group in written form (E/cN.4/1994/WG.11/WP.2)
          13. Bearing in mind Commission resolution 1994/37 in which the Commission
          considered it desirable that the Special Rapporteur should pursue cooperation
          with relevant United Nations programmes, notably that on crime prevention and
          criminal justice, the Special Rapporteur attended the third session of the
          Commission on Crime Prevention and Criminal Justice which took place in Vienna
          from 25 April to 6 May 1994. He supported moves aimed at more effective
        
          
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          implementation of United Nations norms and standards relevant to the
          protection of prisoners, within the framework of preparations for the Ninth
          United Nations Congress on the Prevention of Crime and the Treatment of
          Offenders to be held in April 1995.
          14. The Special Rapporteur also attended a number of non-governmental events
          relevant to the promotion or discharge of his mandate. These included the
          nineteenth Round Table of the International Institute of Humanitarian Law,
          held in San Remo, Italy in August, the twentieth anniversary conference of the
          International Federation of ACAT (Action of Christians for the Abolition of
          Torture) , held in Strasbourg, France in September and a conference of Penal
          Reform International aimed at developing a practical manual of standards for
          the treatment of prisoners, held in The Hague, the Netherlands, in November.
          Follow-up to paragraph S of Commission on Human Rights resolution 1994/37
          15. In paragraph S of its resolution 1994/37 the Commission on Human Rights
          “invite [ d] the Special Rapporteur to examine questions concerning torture
          directed disproportionately or primarily against women and conditions
          conducive to such torture, and to make appropriate recommendations concerning
          prevention of gender-specific forms of torture”
          16. Methods of torture involving sexual abuse may be characterized as
          essentially gender-based. Professor Kooijmans, in his oral introduction to
          his 1992 report to the Commission on Human Rights, noted that ‘ [ s i ince it was
          clear that rape or other forms of sexual assault against women in detention
          were a particularly ignominious violation of the inherent dignity and the
          right to physical integrity of the human being, they accordingly constituted
          an act of torture.” (E/CN.4/1992/SR.21, para. 35).
          17. Although the human rights instruments concerning torture do not refer
          specifically to gender-based violence, several instruments in the humanitarian
          law context contain provisions related to proscription of torture against
          women. For example, the Declaration on the Protection of Women and Children
          in Emergency and Armed Conflict (General Assembly resolution 3318 (XXIX))
          provides that “ [ a] 11 forms of repression and cruel and inhuman treatment of
          women and children, including ... torture ... committed by belligerents in
          the course of military operations or in occupied territories shall be
          considered criminal.” Article 27 of the Fourth Geneva Convention provides
          that “ [ w] omen shall be especially protected against any attack on their
          honour, in particular against rape, enforced prostitution, or any form of
          indecent assault” and applies to women who are “protected persons” within the
          meaning of article 4 of the Convention. Article 76 (1) of Protocol I and
          article 4 (2) (e) of Protocol II also prohibit rape, enforced prostitution and
          indecent assault. Article 4 (2) (e) adds the prohibition of “outrages upon
          personal dignity, in particular humiliating and degrading treatment
          18. In certain countries, rape and other forms of sexual assault were
          reported to be common means of torture. It was alleged in the case of one
          country that 85 per cent of women held in police custody were subjected to
          some form of sexual abuse, including rape. Although allegations of sexual
          abuse were occasionally received wherein men were the target, the vast
          majority of such allegations concerned women. When sexual abuse occurred in
        
          
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          the context of custodial detention, interrogators were said to have used rape
          as a means of extracting confessions or information, to punish, or to
          humiliate detainees. In some instances, the gender of an individual
          constituted at least part of the very motive for the torture itself, such as
          in those where women were raped allegedly for their participation in political
          and social activism.
          19. In addition to being an especially traumatic form of torture for the
          victim, rape may have insidious correlative consequences. In many situations
          a woman may be reluctant to seek redress by reporting a rape because of the
          severe social repercussions that may flow therefrom. The stigma attached in
          many communities to a woman who has been raped may result in particularly dire
          consequences for the private and public life of the woman. In addition to
          social stigma, some victims may be subjected to direct reprisals from
          relatives. In a few countries, where severe legal sanctions have been adopted
          against adultery and where the evidentiary requirements to demonstrate rape
          are stringent, a woman reporting a rape may risk holding herself open to
          prosecution. Consequently, when rape or sexual assault against a woman
          constitutes a torture method, the chances of the torturer acting with impunity
          would appear disproportionately higher than with other torture methods.
          20. Torture practised against women may carry with it implications regarding
          the general violation of rights of women. The Committee on the Elimination of
          Discrimination against Women (CEDAW) , in general recommendation No. 19
          contained in its report to the General Assembly of 24 June 1992 (A/47/38)
          enumerated the right not to be subject to torture or to cruel, inhuman or
          degrading treatment or punishment as among those rights impaired by or
          nullified by gender-based violence under international law and constituting
          discrimination within the meaning of the Convention on the Elimination of All
          Forms of Discrimination against Women.
          21. Pregnant women are particularly vulnerable to torture. A woman facing
          torture risks miscarriage and other health risks, as well as damage to the
          foetus.
          22. Torture may also be used as a means to punish an exclusively or
          predominately gender-based crime. In one country, for example, flogging is
          prescribed for women who fail to conform to strict Islamic dress laws.
          Flogging and death by stoning of women for adultery are also prescribed in
          some penal provisions.
          23. Finally, women are sometimes tortured as surrogates for the real target,
          who may be the victim's spouse or family member or friend. Such an attack may
          be conducted in order to induce a suspect to come out of hiding, to provide a
          confession or information if the suspect is already in custody or to inflict
          punishment.
          24. The Special Rapporteur endorses CEDAW'S recommendation, contained in its
          general recommendation No. 19 for gender-sensitive training of judicial and
          law enforcement officers and other public officers. In addition, the Special
          Rapporteur recommends that female security personnel be present during the
          interrogation of women detainees, as the interrogation and detention of female
        
          
          E/CN. 4/1995/34
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          detainees by exclusively male personnel constitute conditions that may be
          conducive to rape and sexual abuse of women prisoners or the threat or fear
          thereof.
          II. INFORMATION REVIEWED BY THE SPECIAL RAPPORTEUR WITH
          RESPECT TO VARIOUS COUNTRIES
          25. During the period under review, the Special Rapporteur transmitted 144
          urgent appeals to 45 Governments concerning some 716 individuals (at least
          108 known to be women) , as well as several groups of persons, with regard to
          whom fears of torture had been expressed. He also sent 53 letters containing
          some 658 cases (about 62 known to be women) or incidents of alleged torture.
          If the information received contained a critical analysis of a more general
          nature regarding the phenomenon of torture, this information was also brought
          to the attention of the Governments concerned. In addition, 34 countries
          provided the Special Rapporteur with replies on some 239 cases submitted
          during the current year, whereas 18 did so with respect to some 193 cases
          submitted in previous years.
          Algeria
          Urgent appeals
          26. The Special Rapporteur sent an urgent appeal to the Government
          on 16 March 1994 concerning Tunisian nationals Zine El Abidine Attia,
          Idriss Nouioui, Kaddour Naghmouchi, Mahjoubi Soltan, Nassereddine Khelisi,
          Barhoumi Boumenjel, Bechir Aboud Jthdeljaouad, and Jebari Boujemaa, who had
          requested asylum in Algeria because they feared persecution in their own
          country as a result of their support for the al-Nahda Islamic Movement. The
          persons were reportedly arrested in Algiers on 9 February 1994, except for
          Jebari Boujemaa, who was arrested in Tebessa on 25 February. Fears were
          expressed that they might be sent back to Tunisia, where they would be in
          danger of being arrested on arrival and tortured.
          27. On 29 November 1994 the Special Rapporteur transmitted an urgent appeal
          on behalf of Abdelkrim Mammeri, head of personnel at the Ministry of Justice,
          who on 12 November 1994 was arrested at his home in Algiers by four persons,
          two of whom wore military police uniforms. Members of his family were
          allegedly ill-treated during his arrest. He was being held incommunicado at
          an unknown place of detention.
          Angola
          Information received from the Government with respect to cases included in
          previous reports
          28. On 19 October 1994 the Government replied with respect to the situations
          of Charles Mopti and Godfrey Absalom Nangonya, whose cases were transmitted to
          the Government by letter dated 26 August 1993. The reply, however, did not
          address the allegations of torture raised in those cases.
        
          
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          Argentina
          Information transmitted to the Government
          29. By letter dated 28 April 1994 the Special Rapporteur advised the
          Government that he had received information indicating that the torture and
          ill-treatment of detainees in police stations occurred frequently in the
          provinces of Corrientes and Chaco. He also transmitted to the Government the
          individual cases described in the following paragraphs.
          30. Antonio Velozo and Luis Gômez were arrested on 20 June 1992 by
          plainclothes policemen and threatened and severely beaten at the premises of
          the Investigations Squad. Antonio Velozo was allegedly hung from a ladder
          while being accused of having made statements implicating the police in the
          murder of Abel Solis in September 1991. After their release the following
          day, Antonio Velozo reportedly was diagnosed as having sustained injuries to
          his testicles. On 28 September 1992 he brought criminal charges. He was
          murdered on 5 October 1992 by a person who subsequently left the country.
          31. Pedro Salvador Aguirre was arrested on 16 February 1993 on a street in
          Corrientes, taken to the Investigations Squad premises, beaten unconscious and
          released three hours later without being charged. His case was reported to
          the Government and the provincial judicial authorities, but the outcome of any
          investigation was unknown.
          32. Carlos Alberto Parodi and Andrés Gonzalez were allegedly beaten
          on 11 October 1992 by two policemen on duty at a dance hall in Corrientes.
          Carlos Alberto Parodi sustained a cut on one ear and shots were fired close to
          him in the air. He was then taken to police station No. 1, allegedly beaten
          continuously for hours and threatened with death. A doctor noted the injuries
          he sustained. After reporting the incident to the press and the judicial
          authorities, he received anonymous threats.
          33. Teodoro Dionisio Gonzalez was arrested by police in Resistencia, Chaco,
          on 9 January 1992 on suspicion of theft and taken to police station No. 6,
          where he was allegedly ill-treated. At the hospital, his mother saw many
          bruises on his head and face and an open wound on his shoulder. Six months
          after lodging a complaint with the judicial authorities, he had not been
          called upon to give a statement.
          34. Carlos Alberto Franco and Roberto Ramôn Franco were arrested
          on 3 February 1993 in the 500 Viviendas district in Resistencia, taken to the
          police station of the Third Precinct and allegedly beaten severely. An
          examining doctor later found multiple injuries on the arms, back and legs of
          Roberto Ramôn Franco. The case was reported to the Human Rights Commission of
          the Provincial Chamber of Deputies and to the judicial authorities.
          35. Antonio Miguel Fernández, aged 13, was arrested by police
          on 15 August 1992 in the district of Barranqueras, Resistencia. He was
          allegedly shot with rubber pellets at close range, causing severe injuries to
          the thorax. He was then allegedly beaten and, after receiving treatment at
        
          
          E/CN. 4/1995/34
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          hospital, brought to police station No. 2 of Barranqueras, beaten further and
          threatened with death if he reported the policemen who had shot him. He was
          released on 19 August.
          36. Sergio de la Cruz Avalos, aged 15, was arrested on 8 September 1993,
          taken to the police station in Fontana, Chaco, on theft and weapon possession
          charges, and allegedly beaten repeatedly and given electric shocks during
          interrogation. He was released some hours later, after being warned not to
          complain about his treatment.
          37. Ruben Horacio Paz, Guido Jthibal de la Cruz Benitez, his wife
          Marciana Benitez and Hugo Fabimn Crespo were arrested by the police in
          July 1992 in Presidencia Roque Saenz Pefla, Chaco, and charged with theft.
          They were each allegedly beaten and Marciana Benitez was allegedly sexually
          abused. The case was reported to the Human Rights Commission of the
          Provisional Chamber of Deputies and to the judicial authorities.
          38. Remigio Ledesma was arrested on 3 September 1992 in La Verde, Chaco, for
          theft of a sheep and taken to the police station in La Escondida. The police
          allegedly beat him and burned his arms and other parts of his body with
          cigarettes.
          39. Santiago Smnchez and Luis Angel Martinez were summoned to the police
          station of Presidencia Roca, Chaco, on 11 April 1992 for questioning about a
          robbery. Santiago Smnchez was allegedly beaten and subjected to electric
          shocks and Luis Angel Martinez was allegedly beaten and threatened with
          electric shocks. A judicial investigation reportedly cleared the suspected
          police officials of involvement in the incident.
          40. Isabel Irala, who was pregnant, was arrested at her home in Villa Rio
          Negro, Resistencia, following a quarrel with neighbours. She was taken to the
          police station, allegedly beaten and locked for two days in a small room
          before being transferred to the police station in Fontana. There she fell
          ill, was taken to hospital, and had her child delivered stillborn. In spite
          of the bruises found on her body, the cause of the child's death was reported
          to be unknown.
          Observations
          41. In the absence of a response from the Government, the Special Rapporteur
          is disposed to consider that, taken together, the substance of the allegations
          transmitted in 1994 is well-founded.
          Bahrain
          Information transmitted to the Government and replies received
          42. By letter dated 21 July 1994, the Special Rapporteur transmitted to the
          Government the cases of alleged torture summarized in the following
          paragraphs.
          43. Mohammed Jamil Al-Jamri, serving a 10-year prison sentence for belonging
          to an illegal organization, and five other prisoners were allegedly subjected
        
          
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          to torture after the discovery of a small radio in the possession of one of
          the prisoners and a letter from Mohammed Jamil Al-Jamri to a relative. The
          prisoners were also allegedly singled out for their participation in a hunger
          strike to protest ill-treatment in prison. Mohammed Jamil Al-Jamri was
          observed by family members to be very weak and to have swollen eyes and pain
          in his limbs.
          44. Sayed Alawi Sayed Mohsen Sayed Neamah Al-Alawi was arrested
          on 21 August 1993 in connection with his role as a leader of the religious
          centre Maatem Al-Qasab, which had been closed by the authorities. He was
          transferred to the Al-Qala Intelligence Sector Detention Centre and allegedly
          subjected to torture, as the result of which he had to be transferred to a
          government military hospital.
          45. On 17 October 1994 the Government replied that torture was prohibited by
          the Constitution and was a specific crime under the 1976 Penal Code. All
          prisoners were well treated, their conditions were humane, and they all
          enjoyed freedom from torture and other cruel, inhuman and degrading treatment.
          On demand medical assistance was provided for prisoners on a continuous basis
          by qualified medical staff and prison staff were all properly trained career
          professionals.
          46. The Government also stated that Mohamed Jamil Al-Jamri had not been
          subjected to torture or ill-treatment of any kind. His medical records
          revealed that he was occasionally treated for a recurrent ear complaint of
          which he had a long history. Sayed Alawi Sayed Mohsen Sayed Neamah Al-Alawi
          was held in ordinary police custody throughout the period of his arrest until
          his release; there was no evidence that he had been mistreated or subjected to
          any form of torture and he had not been transferred to any hospital nor was he
          in need of hospitalization. He was treated by a doctor at his own request for
          poor vision, of which he claimed to have a long history, insomnia, skin
          irritation and dyspepsia.
          Urgent appeals
          47. The Special Rapporteur transmitted three urgent appeals to the Government
          on behalf of the persons mentioned in the following paragraphs. The date on
          which the appeals were sent is stated in parenthesis following the
          corresponding summaries.
          48. Mohammad Hassan, ‘Abd ‘Ali Sengais, ‘Ali Said Ja'far ‘Alawi Shabib,
          ‘Abbas Hamid Mohammad ‘Ali, ‘Isa ‘Abd ‘Ali ‘Abd al-Hadi Muhsin,
          Faisal Shakhouri, Hassan Ahmed al-' Ikri, Ridha Jawad, Hussein Mansour,
          ‘Abbas Ahmed Jassim, Ra'ed al-Khawaja, Mohammad Mansour al-Mahari,
          Mohammad al-Sayrafi, and Mansour al-' Ikri, were among a group of members of
          the Shi'a community arrested in Manama on 19 January 1994 while gathered
          peacefully at al-Mu'min mosque for a ceremony commemorating the death of
          Ayatollah Golpayegani. Some persons were allegedly beaten at the time of
          their arrest and it was reported that they were being held in incommunicado
          detention at an unknown place (26 January 1994)
          49. The following prisoners, convicted of politically motivated crimes and
          held at Jaw prison No. 1, were allegedly transferred to Al-Qala prison and
        
          
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          tortured after Security and Intelligence Service officers found a radio
          during an inspection of their cells: Mohammed Jamil Al-Jamri, Jthdul-Jalil
          Khalil Ibrahim, Seyyid Ja'afer Al-Alawi, Ali Ahmed Jassim Al-Dayri and
          Nabeel Baqir. The Special Rapporteur subsequently transmitted to the
          Government specific allegations regarding the treatment of Mohammed Jamil
          Al-Jamri in his letter of 21 July 1994, as described along with the
          Government's reply above (20 April 1994).
          50. Al-Shaikh ‘Ali Salman and Ibrahim Hassan were among a number of persons
          arrested on 5 December 1994 after many Bahraini nationals had signed a
          petition initiated by 14 well-known figures calling on the Amir of Bahrain to
          reinstate the parliament. They were reportedly being held in Al-Qala prison
          (12 December 1994)
          Bangladesh
          51. By letter dated 11 July 1994 the Special Rapporteur informed the
          Government that he had continued to receive reports of torture and rape by
          members of the military and paramilitary forces against tribal people in the
          Chittagong Hill Tracts, including the two cases described in the following
          paragraphs.
          52. Prem Kumar Chakma was arrested during a military campaign against Jhum
          cultivators of the Bara Pilak Hills by the 8th Engineering Corps of the
          Guimara zone and the soldiers of the Sinhukchari and Dharmaghat army camps in
          No. 23 Mahalchari sub-zone. He was allegedly beaten severely, taken to a
          military camp and tortured. His torture was said to include electric shocks
          to his ears, which caused him to become deaf.
          53. Gyang Mrasa Marma, a 20-year-old Jumma woman from the Ramgarh area, was
          grazing cows on 26 August 1993 in a field near the No. 2 check-point at the
          Jalia Para police camp, when a constable on duty at the check-point allegedly
          attacked and raped her in the field.
          54. The Special Rapporteur also informed the Government that he had received
          reports according to which children living on the streets in Dhaka were
          regularly picked up by police and beaten, ill-treated, and sometimes sexually
          abused in custody. Child prisoners were said to be held together with adult
          prisoners.
          55. In one reported case, Mohammad Shawkat, aged 13, was seized by two
          constables on 28 July 1993 and allegedly sexually assaulted in a nearby field.
          The next day it was confirmed at Dhaka Medical College Hospital that he had
          been sexually assaulted and that the assault had caused injury and infection
          to his rectum. The two constables were suspended, but no charges were brought
          against them. Mohammad Shawkat disappeared from the hospital, possibly
          because he feared retribution from the police if he followed up on the case.
          56. The Special Rapporteur further informed the Government that he had
          received allegations indicating that Rohingya Muslim refugees from Myanmar
          living in camps around Cox's Bazaar had been subjected to ill-treatment from
          local police and the paramilitary Ansar forces in order to coerce the refugees
          into returning to Myanmar through participation in a voluntary repatriation
        
          
          E/cN. 4/1995/34
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          programme. The forms of abuse included beatings on the soles of the feet, wet
          bags over the head to simulate suffocation, enforced sitting or standing in
          one position for hours and at least one case of rape.
          57. By the same letter the Special Rapporteur reminded the Government of
          a number of cases transmitted in 1993 regarding which no reply had been
          received.
          Belgium
          Urgent appeals transmitted and replies received
          58. The Special Rapporteur sent an urgent appeal to the Government
          on 18 March 1994 concerning two Zairian nationals who were under medical and
          psychotherapeutic treatment in Belgium and had received or were about to
          receive orders to leave the country. Mrs. Annette Eyambo was reportedly
          arrested on 16 April 1992 after having taken part in a working women's march
          in Kinshasa. She was allegedly beaten, then imprisoned and severely tortured
          and raped. After two weeks she escaped and a few months later arrived in
          Belgium. Mrs. Manni Ifeka was reportedly arrested in Kinshasa on
          16 February 1992 while participating in a Christians for Peace march. She
          spent eight months in detention, during which time she was severely tortured
          and raped, as a result of which she became pregnant. Fears were expressed
          that the two women would be in danger of arrest and torture if they were sent
          back to their country of origin.
          59. On 9 August 1994 the Government replied that refugee status in Belgium
          was granted to asylum seekers who met the requirements set forth in
          article 1 (2) of the Convention relating to the Status of Refugees. As a
          general matter, when doubt existed in the case of an asylum seeker, refugee
          status was usually granted. In the case of Ifeka Mesongolo Mamie, the
          Commissioner General making a decision on the merits of her asyum claim
          transmitted an unfavourable opinion based on a number of factors: that a
          person claiming to have been imprisoned for seven months should be able to
          describe the place of imprisonment; that someone participating in a political
          demonstration should be able to give reasons for doing so; and that reason
          existed to believe that Ifeka Mamie was in fact a person of another name born
          in Belgium, not Zaire. As to the case of Eyambe Lomani, the Commissioner
          General transmitted an unfavourable opinion based on inconsistencies and lack
          of truthfulness in her story, including her placing the demonstration two
          months after it took place.
          60. The Government also stated that it did not deny that the two women had
          been the victims of sexual abuse, but that the conditions under which that
          abuse had occurred did not make it possible to grant them asylum status. For
          compelling reasons such as state of health and the need to continue treatment
          in Belgium, the order to leave the territory issued to Mrs. Lomani was
          extended for six months.
        
          
          E/CN. 4/1995/34
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          Bolivia
          Information transmitted to the Government
          61. By letter dated 3 May 1994 the Special Rapporteur advised the Government
          that he had received information concerning cases of torture reported to have
          occurred in the country. These cases are described in the following
          paragraphs.
          62. Juan Carlos Octavio Pinto Quintanilla was arrested on 13 April 1992 by
          members of the security forces in Cochabamba on charges of belonging to the
          Tupac Katari guerilla army (EGTK) . He was taken to a “safe house” where he
          was allegedly hung up by his feet and beaten on the soles of his feet with a
          metallic rod for half-hour periods, after which he was forced to run. He was
          also allegedly suffocated with a plastic bag, beaten, deprived of sleep for
          three days and subjected to a torture method known as ‘ la campana ” (the bell)
          by which a metallic container was placed over his head and struck repeatedly.
          63. Silvia Maria Renée De Alarcôn and her husband José Raül Garcia Linera
          were arrested on 9 March 1992 in La Paz by security agents on suspicion of
          belonging to the EGTK. During 17 hours in incommunicado detention they were
          allegedly tortured, which included being beaten and forced to remain for hours
          in a contorted position.
          Follow-up of cases previously transmitted
          64. With respect to the alleged ill-treatment in April 1992 of Alvaro Garcia
          Linera, Raquel Gutiérrez de Garcia, Victor Ortiz and Macario Tola
          (E/cN.4/1994/31, paras. 52-54), the Special Rapporteur informed the Government
          that recently received information reinforced the claim that these persons had
          been tortured. In the case of Raquel Gutiérrez de Garcia, it was reported
          that she had attempted to electrocute herself; however, the burns on her body
          were in fact caused by electric shocks inflicted during the torture sessions.
          Urgent appeals
          65. The Special Rapporteur sent an urgent appeal to the Government
          on 26 September 1994 on behalf of Marcela Alejandra Porco, an Argentine
          national, who was reportedly detained on 2 June 1994 at Viru Viru airport,
          accused of drug trafficking. She was held incommunicado at the Palmasola
          Women's Prison in Santa Cruz, without access to the medical treatment
          necessary to treat her chronic mental illness, and her health was said to have
          had deteriorated considerably in the following months.
          Brazil
          Information transmitted to the Government
          66. By letter dated 26 October 1994 the Special Rapporteur transmitted to the
          Government the cases summarized in the following paragraphs.
        
          
          E/cN. 4/1995/34
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          67. Manoel Delfino Felix da Silva, Osvaldo Duarte da Silva, and Valdemir
          Alves da Silva were among five lavradores detained on 23 and 24 January 1994
          by military and civil police officers from Couto Magalhaes, Tocantins State,
          in connection with the killing of a local councillor in a conflict over land
          tenure. They were taken to Couto Magalhaes police station where they were
          allegedly beaten and severely bruised. Valdemir Alves da Silva was also said
          to have been taken to a nearby stream where his head was submerged in water
          until he nearly drowned. Manoel Delfino Felix da Silva was taken to hospital,
          where a doctor reportedly diagnosed his bruises to be consistent with heavy
          blows to his upper body.
          68. Josemar Cantuario de Oliveira was detained on 26 January 1994 in
          Coneiçao do Araguaia, Pan State, by members of the civil police on the same
          grounds as the aforementioned persons. He was allegedly severely beaten and
          subjected to other forms of torture at the Guarai police station in Tocantins.
          He was also said to have been denied proper medical attention for a bullet
          wound to his leg.
          69. Antonio Ferreira Braga was reportedly tortured on 12 April 1993 in
          the police station in Fortaleza, Cearl State. He was allegedly partially
          asphyxiated by having the rubber inner tube of a car tyre placed over his face
          and was also beaten with a wooden baton while wrapped in a roll of carpet to
          prevent exterior bruising. A local Bar Association commission of inquiry was
          said to have discovered the torture and to have come across a stock of torture
          instruments while visiting the police station.
          70. The Special Rapporteur also advised the Government that he had
          received information according to which street children and educators working
          to assist such children had been the targets of street violence in São Paulo.
          On 12 December 1993, educators Jonathan Luke Hannay and Jonas Beltrão
          de Oliveira were trying to mediate in a confrontation between children and
          military police. A police officer allegedly hit Rosângela, a 16-year-old
          girl, over the head with a gun and another officer allegedly hit
          Jonathan Hannay in the stomach with a piece of wood. Some of the street
          traders in the area then reportedly began to beat Jonas Beltrão on the neck
          with a piece of wood. When he asked the police for help, the officer in
          command allegedly responded that he would do “nothing” and ordered his men out
          of the square. The two educators were then punched, kicked and beaten by
          members of the crowd before the police eventually told the crowd to disperse.
          Jonas Beltrão was said to be semi-conscious with blood coming out of his ear
          and a large wound on the back of his neck. He received emergency treatment
          for a concussion and a perforated eardrum.
          Urgent appeals
          71. The Special Rapporteur sent an urgent appeal to the Government
          on 29 March 1994 on behalf of Francisco de Asis Pinto do Nascimento, leader
          of the rural workers of Eldorado do CarajIs, Salvador Murao de Souza,
          Estevão Alberto Rocha da Silva, Manoel Privado, Francisco Sousa Lacerdo,
          Alziro José Ferreira, Raimundo Francisco do Nascimento, Raimundo Pereira
          da Silva, Lindomar Gomes, and Francisco dos Reis dos Santos Chaves. These
          rural workers and three minors were arrested on 21 March 1994 during an
          operation conducted by approximately 50 military police in Agua-Fria and
        
          
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          Pedra Furada, Eldorado do CarajIs, in Pan. They were taken to the regional
          police station in MarabI where Francisco de Apsis Pinto do Nascimento,
          Salvador Murao de Souza and Esteväo Alberto Rocha da Silva were allegedly
          beaten. Fears were expressed that all of the detainees might be subjected to
          torture or ill-treatment.
          72. The Special Rapporteur also sent an urgent appeal on 2 December 1994
          on behalf of Carlos Eduardo Rodrigues da Silva, Ismael Soares Rodrigues and
          Wanderlei Batista, who were detained in the favela Borel, Rio de Janeiro,
          taken to a parish church and allegedly tortured, including with electric
          shocks. The ill-treatment was said to have occurred between 25 and
          28 November 1994, when more than 1,000 soldiers and police personnel
          reportedly occupied the area as part of an anti-drug operation. It was feared
          that other persons would be detained and similarly ill-treated during the
          operation.
          Observations
          73. The Special Rapporteur acknowledges the limited time available to the
          Government of Brazil for response.
          Bulgaria
          Information transmitted to the Government and replies received
          74. By letter dated 20 April 1994 the Special Rapporteur informed the
          Government that he had received information concerning Slavi Atanasov Minchev,
          Denko Arigelov Atanasov and Milko Raikov Lolev, who were among a group of nine
          Roma men arrested on 23 June 1993 by armed guards and police officers while
          picking cherries in an orchard outside Stara Zagora. They were allegedly
          beaten indiscriminately with truncheons, fists and boots, taken to the Stara
          Zagora agricultural cooperative and again beaten severely.
          75. On 10 November 1994 the Government replied that the three men had been
          picking cherries without permission. They were charged with committing
          administrative offences at the agricultural cooperative office and released.
          Jth inquiry carried out by the Ministry of the Interior revealed that they had
          not been beaten by the armed guards of the agricultural cooperative nor by
          the police patrol. Investigations have been opened by the Regional Police
          Department of Stara Zagora and the Regional Military Prosecutor of the city of
          Plovdiv pursuant to a complaint by Slavi Atanasov Minchev.
          Information transmitted by the Government with respect to cases included in
          previous reports
          76. On 22 December 1993 and 16 February 1994 the Government transmitted its
          reply with respect to the cases which had been transmitted by the Special
          Rapporteur on 26 August 1993. Those replies are summarized in the following
          paragraphs.
          77. In regard to the allegations of excessive force used by the police
          against Roma persons in Pazardjik on 28 June 1992, the Government replied that
          after a person armed with a knife had attempted to assault a guard, police
        
          
          E/cN. 4/1995/34
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          patrols arrived to apprehend the suspect. A large crowd gathered and began
          throwing objects at the police. Believing that his life and the life of a
          colleague were endangered, the senior sergeant, Nedelcho Naidenov, shot
          Nedelcho Ariguelov Ianev. A charge was registered against the sergeant at the
          Regional Military Prosecutor's Office. The source subsequently informed the
          Special Rapporteur that it was unclear as to whether any investigation had
          occurred into allegations of indiscriminate beatings during the incident. The
          source also reported that government representatives had not acknowledged that
          any ill-treatment of Roma by police in Pazardjik had occurred, even though the
          initial information concerning the incident had been compiled by ethnic
          minority experts working for the President of the Republic.
          78. In regard to alleged excessive use of police force in Novi Pazar,
          the Government replied that on 5 April 1993, the police had undertaken an
          operation to catch a large number of persons who had been in hiding or had
          failed to appear before the examining magistrate after being summoned. No
          person detained in the operation had complained of being beaten and no signs
          of violence had been discovered.
          79. With respect to the alleged ill-treatment of 14-year-old Anton Stefanov
          Assenov, the Government replied that the allegations had not been
          substantiated. A police officer on duty had apprehended him at the bus
          station after observing him gambling and had taken him to the bureau of
          traffic control, whereupon Anton Assenov's father entered the room and started
          to beat his son. The senior sergeant warned the father to stop the beating,
          but when he failed to comply the sergeant was forced to take both father and
          son to the police station. A complaint was lodged at the Regional Military
          Prosecutor's Office in Varna by Anton Assenov's parents against police
          officials for the beating of their son, but the Deputy Regional Prosecutor has
          issued a decree by which it refused to initiate legal proceedings. The source
          of the information subsequently reported to the Special Rapporteur that the
          decision not to prosecute had been based solely on the testimony of the police
          officers allegedly involved in the beating and that the appeal to the Chief
          Military Prosecutor had been rejected without a review of all the evidence,
          including the testimony of the victims.
          80. With regard to the alleged ill-treatment of Hristo Nedialkov Hristov,
          resulting in the removal of a kidney and a lung, the Government replied that
          he had been detained after fleeing from police. After he had ignored oral
          warnings and a warning shot and after he had resisted arrest with a knife, the
          police resorted to force to subdue him. During examination at the Regional
          Hospital Hristov, in the presence of the examining doctor, admitted that his
          beatings had been inflicted by “his own people” in the “Lozenets” quarter of
          Stara Zagora. Thus, his physical injuries were determined to have originated
          from unknown individuals. The source of the allegations subsequently informed
          the Special Rapporteur that it was concerned that police investigating the
          case had not interviewed witnesses who saw Hristov before he was taken to the
          police station and had not taken testimony from local human rights activists
          who after visiting him in hospital alleged that doctors and other medical
          staff had been intimidated by local police.
        
          
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          Burundi
          Urgent appeals
          81. On 9 May 1994 the Special Rapporteur sent an urgent appeal to the
          Government concerning Emile Bucumi, Sadiki Likango, Joseph Nyandwi,
          Sadiki Ndikumana, Théogène Uwlmana, Pontien Ndayegamiye, Pierre Nzisabira,
          Jean-Marie Nibirantije and Alexandre Manirakiza. These men were among
          about 27 persons reportedly arrested on 29 April 1994 during an operation
          carried out by security forces with the aim of disarming the civilian
          population in the Kamenge district of Bujumbura. They were taken to the
          National Police College, and then to the Special Search Squad, where they were
          allegedly severely beaten and subjected to other forms of torture.
          Cameroon
          Information transmitted to the Government and replies received
          82. By letter dated 20 April 1994, the Special Rapporteur advised the
          Government that he had received information on the cases of torture described
          in the following paragraphs.
          83. Peter Ndoh was arrested by police at his home in Bamenda on 1 August 1993
          and accused of illegal possession of firearms. While in incommunicado
          detention in Douala he was allegedly tied to a suspended tyre and beaten,
          resulting in a broken shoulder blade and several other injuries, including to
          the fingers of his left hand. After initially being denied medical treatment,
          he was admitted to hospital at the end of August 1993.
          84. Cyprian Ndifor Tanwie, a secretary of the Calasanz People's Cultural and
          Pastoral Centre at the Catholic Mission in Nkwen, and his friend, Peter Achu,
          were arrested on 15 December 1993 by gendarmes and taken to Bamenda gendarme
          headquarters. Cyprian Ndifo Tanwie allegedly died the night of his arrest as
          the result of injuries sustained during severe beatings. Peter Achu was
          allegedly hit 13 times on the soles of his feet with a rubber truncheon.
          85. By the same letter the Special Rapporteur reminded the Government of a
          number of cases transmitted in 1993 regarding which no reply had been
          received.
          Observations
          86. The Special Rapporteur sought an invitation to visit Cameroon in 1993
          and subsequently had talks with the Permanent Mission to the United Nations
          Office at Geneva that seemed to hold out the prospect of a visit. Further
          contacts with the Permanent Mission have yielded no invitation. In the
          absence of a response from the Government, the Special Rapporteur is disposed
          to consider that the substance of the allegations transmitted in 1993 and 1994
          is well-founded.
        
          
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          Chile
          87. Late in the year, substantial documentation arrived in the Centre for
          Human Rights containing information alleging numerous cases of torture in
          Chile. It was not possible to process this information with a view to
          transmitting it to the Government before the present report was finalized.
          It was, however, consistent with information summarized in previous reports.
          A resumé of the allegations will be transmitted to the Government in the
          coming year.
          Observations
          88. In light of the above, the Special Rapporteur confines himself to drawing
          attention to the concern expressed by the Committee against Torture at its
          thirteenth session on its examination of Chile's second periodic report at the
          existence of a considerable number of allegations of torture and ill-treatment
          committed by various security forces, especially the carabineros and
          investigations police.
          China
          Information transmitted to the Government and replies received
          89. By letter dated 15 July 1994 the Special Rapporteur advised the
          Government that he had received information according to which the practice of
          torture and other forms of inhuman and degrading treatment against persons
          held in detention centres, prisons or labour camps throughout China continued,
          despite the prohibition of such treatment under Chinese law. The practice was
          said to be employed as a means to extract confessions or to intimidate or
          punish prisoners.
          90. To register a complaint of torture during incommunicado detention,
          police and prison officials must be approached, and this requirement was said
          to dissuade most detainees and prisoners from making such complaints. While
          the procuracy is responsible for investigating complaints concerning torture,
          it was alleged that procurators often ignored such complaints because an
          investigation might pose a conflict of interest with the procurator's role as
          State prosecutor in criminal cases. In this regard, it was said that the
          need for the procurators to cooperate closely with the police served as
          a disincentive to investigate torture complaints. Consequently, few
          investigations or prosecutions of torture complaints were said to have been
          carried out.
          91. Among the most common methods of torture reported were severe beatings or
          whippings, the use of cattle prods to induce electrical shock, and shackling
          with handcuffs or leg-irons, often tightly and with the victim's body in a
          painful position. In those prisons which also serve as labour camps, working
          conditions were reportedly physically gruelling and at times posed a threat to
          the health and safety of the prisoners. Persons detained for political
          reasons were reportedly subjected to especially brutal treatment.
          92. Hanyang prison in Hubei province was said to hold, in poor conditions,
          numerous persons detained for political reasons. Prisoners were said to
        
          
          E/CN. 4/1995/34
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          receive inadequate food and medical attention and to be subjected to strenuous
          forced labour and to various forms of physical abuse. Violation of prison
          regulations allegedly were frequently met with severe punishment, such as the
          shackling of the prisoner's hands behind the back. Many prisoners were
          reported to be ill or malnourished.
          93. Labour conditions at Hanyang were also reported be be extremely harsh.
          Newly arrived persons detained for political reasons were said to be kicked
          and beaten by overseers for minor mistakes in their work. In the eighth
          brigade, where prisoners produce polythene products, prisoners allegedly were
          forced to stand amongst toxic gases and dust, their hands protected only by
          rubber gloves, and turn plastic products over a 1800 flame. The prisoners,
          many of whose hands were said to be covered with blisters, reportedly worked
          more than eight hours a day and often at night in extreme temperatures.
          94. The Special Rapporteur also transmitted the individual cases summarized
          in the following paragraphs and on 4 November 1994 the Government sent replies
          in respect of some of those cases.
          95. Shi Hanlin, who was seriously ill before his imprisonment, was allegedly
          subjected to long working hours in the Hanyang prison factory and was beaten
          severely. He was said to have collapsed on a workbench and to suffer from
          oedema, but was denied medical treatment. Prison authorities reportedly
          contended that he was feigning illness to avoid working.
          96. The Government replied that Shi Hanlin had completed his sentence and
          been released, having suffered no torture or mistreatment in prison.
          97. Sun Sanbao, Jiang Pinchao, Lin Zhiyong, Feng Haiguang, and
          Lu Xiangwen were reportedly ill-treated in August 1991 as a result of
          activities in protest at working conditions and treatment of prisoners at
          Hanyang. On 20 August, Sun Sanbao, despite being seriously ill, was forced to
          work as a machine operator, allegedly as a reprisal for protesting against the
          mistreatment of prisoner Lu Xiangwen. The following day, Sun Sanbao was
          reportedly put in solitary confinement for “resisting reform through labour”.
          Jiang Pinchao and Lin Zhiyong, refusing to work in protest against the
          treatment of Sun Sanbao, were allegedly beaten on the back and legs with
          police whips and electric batons for four hours and then forced to stand with
          their arms raised against a wall for three hours. After collapsing, they were
          allegedly dragged by the hands along the ground, causing Jiang Pinchao's
          toenails to split, were shackled and placed in solitary confinement in a cage.
          On 22 August, Feng Haiguang, after protesting to the guard overseeing his
          work, was allegedly beaten for eight hours, causing his legs to swell, making
          it impossible to walk or sit up straight. He was thereafter put in solitary
          confinement and subjected to further beatings with whips and electric batons,
          resulting in over 30 separate wounds. After the incidents, the five prisoners
          were reportedly locked for three months in cold “punishment cells”, kept
          malnourished, periodically tortured and ordered to perform hard labour, which
          included carrying at least 10,000 bricks each day.
          98. The Government replied that Jiang Pinchao, Lin Zhiyon, and Feng Haiguang
          had completed their sentences and been released, having suffered no torture or
          mistreatment in prison. As to Sun Sunbao, while serving his sentence he
        
          
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          developed eczema, received hospital treatment, and fully recovered. He had
          expressed satisfaction and gratitude for the prison's conscientiousness,
          prompt provision of medical care and humane treatment of him while he was
          sick.
          99. The Special Rapporteur also transmitted reports he had received of
          persons detained in a psychiatric hospital for political reasons, where no
          medical justification was said to exist for their detention. The cases
          summarized in the following paragraphs concern persons detained at An Kang
          Public Security Bureau Hospital in Beijing.
          100. Wang Anxing was arrested on 3 June 1992 while attempting to unfurl
          a banner commemorating the June 1989 demonstrations at Tiananmen Square.
          He was transferred to An Kang in July 1992, where he was allegedly
          administered medicine that kept him drowsy and weak. Although he was said to
          have no psychiatric problems, his wife signed documents confirming that he
          did, after being pressured to do so and being assured that this would lead to
          her husband's early release.
          101. The Government replied that the correct spelling of the name of the
          person mentioned above is Wang Wanxing. An Kang hospital's psychological
          appraisals unit had determined that he was suffering from paranoia, that some
          of his actions were governed by wishful thinking, that he had lost his normal
          capacity for recognition and was irresponsible. He was continuing to undergo
          treatment at the hospital.
          102. Wang Miaogen was reportedly arrested in April 1993 by police in
          Shanghai, repeatedly beaten, and for no known medical reason committed to
          An Kang, where he was not allowed visitors. It was said that he had been
          arrested in connection with activities as leader of the Shanghai Workers
          Autonomous Federation during the 1989 political movements and to prevent him
          from demonstrating while the 1993 East Asian Games were in progress.
          103. According to the Government, Wang Miaogen had been yelling incoherently
          and disturbing the peace of his neighbourhood on 27 December 1992. At the
          local police station, he continued to rave, injured four of his fingers with a
          knife and had to be taken to hospital for treatment. For some time thereafter
          he continued to behave disruptively each night. Since he had no relatives in
          Shanghai, neighbourhood residents wrote to the Shanghai Public Security Bureau
          in April 1993 to seek help in dealing with him. The local police station, in
          collaboration with the neighbourhood committee, sent him to the Huangpu
          District Psychiatric Hospital, where he was found to be displaying symptoms of
          psychosis. Further tests revealed schizophrenia and paranoia. On 11 May he
          was transferred to An Kang, where he was continuing to receive treatment.
          104. Xing Jiandong was arrested by police on 7 September 1993 in connection
          with a peaceful demonstration outside the Australian Consulate and transferred
          to An Kang. His family allegedly were provided with no medical evidence
          attesting to his illness, but they were pressured to sign documents consenting
          to his detention.
          105. The Government replied that Xing Jiandong had created a public
          disturbance outside the Consulate-General of Australia and, after repeated
        
          
          E/CN. 4/1995/34
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          admonitions, the Suhui branch office imposed a seven-day administrative
          detention on Xing, which was upheld on 18 May 1993 by the Municipal Public
          Security Bureau. His demonstration at the consulate was connected to an
          action he had brought against the Australian Consulate-General for a severe
          beating he had received while in detention in Australia after his student
          visa had expired and his request for political asylum had been denied.
          On 27 August he went again to the Australian Consulate and created a
          disturbance which affected public order and traffic. On 7 September the Suhui
          branch office again ordered him to serve a seven-day administrative detention.
          Mi examination of his injuries caused by the beating he had received in
          Australia revealed that a brain injury had led to mental impairment. He was
          transferred to M i Kang for treatment and has since recovered and left the
          hospital in normal health.
          106. The Special Rapporteur also sent the cases of alleged torture in Tibet
          summarized in the following paragraphs.
          107. Phuntsog Yangki, a nun reportedly serving a five-year sentence in
          Drapchi prison for participating in a pro-independence demonstration, was
          allegedly beaten severely for singing nationalist songs with other nuns
          on 11 February 1994. She died in the Police Hospital in Lhasa on 4 June 1994,
          allegedly as a result of the beatings. An investigation that would
          conclusively establish the cause of death was impossible as her body was
          cremated, against the wishes of her family.
          108. The Government replied that in May 1994 the prison administration had
          discovered that Phungstog Yangki had tuberculoma and sent her to hospital for
          treatment. After her death, the prison had arranged for her remains to be
          taken for burial in accordance with Tibetan custom. Her family had expressed
          its gratitude to the prison for the way it had cared for and tried to save her
          and its handling of subsequent events.
          109. Gendun, his brother Tobgyal, Tse Tse, Tsetob, Apho, and Tenzin were
          arrested at the Eu Gon monastery in Dragyab (Chagyap) on 9 February 1994,
          during the Lokhor Gonchoe Chemoe festival. The detainees were allegedly
          placed on trial at a rally called by officials, at which they were promised
          that if they declared that “Tibet is not independent”, they would receive no
          punishment. Upon refusing to make the declaration, they were reportedly
          separated and taken either to a prison in Chamdo or to the district prison at
          Dragyab, where they were allegedly tortured with electric cattle prods.
          Tenzin and Tobgyal were said to have been released, but the other detainees
          were reportedly continuing to undergo ill-treatment in prison.
          110. Lhadar, a monk from Darze Tibetan Autonomous Prefecture, was
          reportedly arrested with four other monks on 20 August 1993 for hanging
          pro-independence wall posters in Lithang region. He was allegedly beaten and
          tortured to death at Lithang district prison, although the authorities
          reportedly maintained that he had committed suicide in custody.
          111. Sonam Tsering, a member of the Tsholho Dance and Drama Troup, was
          detained on 17 July 1993 by Chinese officials who were investigating the
          distribution of protest pamphlets. After refusing to respond to interrogation
          at the police station, he was allegedly made to sit naked on a chair on his
        
          
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          knees with his hands cuffed behind his back, had electric shocks applied to
          his face, neck, hands, legs, and lower back, and was beaten. During 10 days
          of detention, he was subjected to a three-hour interrogation session each day,
          with beatings and electric shocks during six of the sessions.
          112. Deng Ge, a teacher, Hong Ke and Meng Sha, mid-level Tibetan officials,
          and an unidentified monk were reportedly severely beaten with a spiked wooden
          implement at the police station in Markham, Chamdu prefecture, Kham. The four
          were arrested after Deng Ge had tried to intervene when the other three were
          being beaten by police with fists, feet, iron bars and bricks outside a cinema
          in Markham. Deng Ge reportedly passed out and required hospitalization.
          113. June Lhapka, a primary school teacher from Nemo village, was allegedly
          beaten during or shortly after her arrest on 21 June 1993 and was said to have
          been in a serious condition.
          114. Rigzin Choedron, also called Kunsan Choekyi, was arrested
          on 22 September 1989 during a political demonstration in Lhasa and
          allegedly beaten in Gutsa detention centre, resulting in kidney damage.
          After spending three years in Trisam Labour Re-education Centre, she was
          released in September 1992 with wounds and abscesses on her back and damage
          to one kidney. She died on 10 October 1992, possibly as a result of
          ill-treatment suffered in detention.
          115. The following persons, detained for political reasons in Drapchi prison,
          Lhasa, were reported to suffer from serious illness as a result of or
          exacerbated by mistreatment or heavy physical labour performed in prison:
          (a) Ngawand Kunga, a monk from Drepung, who was allegedly forced to
          run with a stone on his back in 1990 or 1991, was said to suffer from liver
          problems. According to the Government he had completed his sentence and been
          re 1 eased;
          (b) Phuntsog Dorje was said to suffer from kidney problems as a result
          of heavy labour. According to the Government, he was in good health;
          (c) Lobsang Tsondru, a monk in his 70s, was allegedly beaten by troops
          during an April 1991 prison protest, and was said to suffer from heart
          trouble. The Government replied that he was in normal health;
          (d) Ngawang Samten, a monk from Drepung, was said to suffer from
          swollen joints as a result of hard labour. The Government replied that no
          such person was a prisoner in Drapchi;
          (e) Tsering was said to have become deaf as a result of a severe
          beating. According to the Government he was in good health;
          (f) Tanak Jigme Sangpo, who had allegedly been put in solitary
          confinement in a cold cell in 1991 and 1992 after a protest, was said to
          suffer from high blood pressure.
          116. Reports were also received concerning the situation of Bao Tong,
          serving a seven year prison sentence for 1989 political activities, who was
        
          
          E/CN. 4/1995/34
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          transferred in March 1994 from Qincheng prison to Fuxing hospital in Beijing
          after suffering from severe pain from inflammation of the shoulder joints.
          He was also said to suffer from a reduced white blood cell count, chronic
          gastritis, growths in his colon and intestines, swollen lymph nodes,
          constricted salivary glands and arthritis requiring regular injections, and
          six possibly cancerous tumours in his thyroid gland. His family were
          allegedly denied access to his medical records and were concerned that he was
          not receiving adequate medical care.
          117. The Government replied that prison authorities had guaranteed the rights
          of Bao Tao and when he fell ill had provided the necessary medical care. His
          medical condition was basically stable and his physical condition was normal.
          118. By the same letter the Special Rapporteur reminded the Government of a
          number of cases transmitted in 1993 regarding which the Government had replied
          that official investigations were pending.
          Urgent appeals
          119. In addition to the above-mentioned cases, the Special Rapporteur
          transmitted to the Government of China five urgent appeals on behalf of the
          persons mentioned in the following paragraphs. The date on which the appeals
          were sent is stated in parentheses at the end of the corresponding summary.
          120. Phuntsog Gyaltsen, a Buddhist monk serving a 12 year prison sentence
          in Drapchi prison in Lhasa, was reportedly seriously ill and incapacitated,
          suffering from liver and stomach ailments as a result of sustained beatings
          received in prison. Despite the state of his health, he was allegedly being
          forced to perform prison labour, such as digging, emptying toilets and
          cultivating vegetables. He was said to be in need of urgent medical attention
          (15 June 1994)
          121. On 7 September 1994 the Government replied with respect to this case that
          no person named Phuntsog Hyaltsen was being held in prison. The Government
          also stated that prisons in the Tibet Autonomous Region did not practise
          torture and that the guards respect the legitimate rights of prisoners and
          always accord them humanitarian treatment.
          122. Ulaanshuvu (Wulan Shaobu) , a former lecturer at Inner Mongolia
          University, detained in the Yikezhao No. S prison (Ih Ju League No. S prison),
          was reportedly suffering from a deteriorating condition in his one remaining
          kidney, heart problems and trouble with his feet and back. He was allegedly
          being denied medical treatment for his ailments, was not receiving adequate
          food, and had lost a substantial amount of weight (29 August 1994)
          123. On 8 October the Government replied that Ulaanshuvu was receiving the
          same humane treatment and medical care as other offenders and had never been
          subjected to mistreatment. He was in sound physical health and a hospital
          check-up revealed that his kidneys and heart were healthy.
          124. Qin Yongmin, serving an administrative sentence at Hewan Re-education-
          through-Labour camp in Wuhan City, Hubei province, was reportedly beaten
          severely by prison guards and a fellow inmate on 8 June 1994, allegedly at the
        
          
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          instigation of higher officials, after he had taken legal action against the
          police in Wuhan in connection with his detention. A few days after his family
          visited him in mid-July and requested that medical treatment be provided for
          his injuries, he was allegedly beaten unconscious and did not see a doctor
          until late July. The doctor reported that his testicles had been permanently
          damaged and that he was suffering from internal bleeding. Despite reportedly
          being covered with bruises and too weak to stand, he was denied the necessary
          medical treatment for his injuries (31 August 1994)
          125. On 17 October the Government replied that no guard had inflicted corporal
          punishment on Qin or mistreated him while in the re-education-through-labour
          facility, but that he had engaged in a conflict with other inmates which was
          stopped by the guards; Qin was uninjured. The allegations that he had been
          viciously beaten and had suffered serious wounds were made by his former wife
          who had later apologized for making untrue statements. Qin was in good health
          and his relations with the other inmates had improved somewhat.
          126. Zhang Lin, a political activist detained at the Nanhu labour camp in
          Jthhui province, was allegedly punched and kicked repeatedly and subjected
          to shocks with an electric baton on 1 November 1994. This treatment was
          allegedly inflicted because he was unable to perform work due to constant pain
          in his hands and feet, a condition for which he had reportedly requested and
          been refused medical treatment on 10 occasions (28 November 1994)
          127. Go Yu, a journalist, was reportedly sentenced to six years' imprisonment
          on 11 November 1994 for “leaking State secrets” . She was said to suffer from
          heart disease and, despite repeated pleas from her husband to the governors of
          the Beijing State Security Bureau Detention Centre, she was allegedly being
          denied medication for that ailment (30 November 1994)
          Observations
          128. The Special Rapporteur appreciates the replies the Government has
          provided in respect of some of the cases. He notes the absence of replies in
          respect of others and the absence of information on pending investigations.
          He also finds that where some of the replies contradict the allegations, the
          Government has not explained the nature of the investigation on the basis of
          which its position has been reached, nor has it provided material to document
          the assertions made. Accordingly, the observations he made in his previous
          report (E/CN.4/1194/31, para. 172) remain applicable.
          Colombia
          Information transmitted to the Government
          129. By letter dated 29 March 1994 the Special Rapporteur advised the
          Government that he had received information on the cases of torture reported
          described in the following paragraphs.
          130. Ramôn Alirio Perez Vargas was arrested on 2 November 1993 in Cücuta,
          North Santander, by members of the third division of the Maza Mechanized Unit,
          who accused him of having links with the guerrillas. He was allegedly
          tortured for several days, which included beatings, death threats, and
        
          
          E/CN. 4/1995/34
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          immersion of his head in water. Also detained was Nelson Emilio Ortega, who
          had allegedly previously been tortured at the San Cayetano, tjrimaco police
          station, including by having his testicles burned and pierced. Ramôn Perez
          Vargas also reportedly witnessed the torture of Gerardo Lievano Garcia, whose
          burnt body was later found on the road. After he reported his ordeal,
          military personnel allegedly raided the house of Ramôn Perez Vargas and
          threatened him, forcing him to change his place of residence.
          131. José Oliver Rincôn Guillén and Jesus Gabriel Pinzôn were allegedly
          tortured by members of mobile unit No. 2 of the national army, who raided
          their homes in Potrero Grande, San Calixto, North Santander on 11 May 1993.
          They were allegedly beaten, hung from the ceiling, nearly suffocated and
          subjected to electric shocks on several parts of their bodies. Later, the
          same soldiers reportedly raided the house of Eduardo Rincôn Guillén,
          José Oliver's brother, tied his hands and feet, nearly suffocated him, and
          beat him all over his body in front of his wife and two small children. The
          cases were reported to the Regional Procurator of Ocafla.
          132. Luis Francisco Rodriguez was allegedly tortured by members of a mobile
          unit of the national army in Chispas, Puerto Rico, Meta on 4 August 1993.
          During interrogation concerning the presence of the guerrillas in the area, he
          was allegedly severely beaten, had his nose blocked up and water poured into
          his mouth, was nearly suffocated, and was subjected to mock executions. His
          son Alirio was allegedly forced to drink water from a puddle and both men were
          forced to sign a document that stated that they had been well treated before
          they were released.
          133. The Special Rapporteur received additional reports that on 5 October 1993
          soldiers of the Palace Battalion in Riofrio, Valle executed the following
          persons: Miguel Ladino, Miguel Antonio Ladino, Julio César Ladino,
          Maria Zeneida Ladino, Carmen Emilia Ladino, Lucelly Colorado de Ladino
          (aged 16) , Dora Estela Gaviria Ladino (aged 15) , Mario Molina, Rita Edilia
          Suaza de Molina, Ricardo Molina, John Fredy Molina (aged 16) , Luz Edelsi
          Tusarma (aged 16) and Hugo Cedeflo Lozano. They allegedly had been tortured
          and five of the women were raped.
          Urgent appeals transmitted and replies received
          134. The Special Rapporteur sent an urgent appeal to the Government
          on 10 May 1994 on behalf of Luis Téllez, a member of the Human Rights
          Committee of Ciudad Bolivar, and Ayda Martinez Nieto, who were arrested
          on 1 May 1994 in BogotI while taking part in a march organized by human rights
          organizations. They were allegedly interrogated and severely beaten at
          the premises of the Judicial and Investigative Police Section (SIJIN)
          Luis Téllez allegedly had water forced up his nostrils until he almost
          suffocated. They were reportedly released only after being compelled to sign
          a statement that they had been well treated. Eduardo Carreflo Wilches of the
          Lawyers' Association, Carlos Alberto Ruiz, of the Inter-American Legal
          Services Association, and Esteban Cancelado, head of the National Commission
          of Human Rights and Solidarity with Displaced Persons (CONADES) were allegedly
          under surveillance by persons suspected of belonging to the security forces.
        
          
          E/cN. 4/1995/34
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          Members of the SIJIN who interrogated Luis Téllez and Ayda Martinez were said
          to have referred to some of those under surveillance. Fears were expressed
          that these persons would also be arrested and tortured.
          135. On 15 November 1994 the Government replied that an internal disciplinary
          investigation had been carried out by the police, as a result of which those
          allegedly responsible were exonerated.
          136. The Special Rapporteur transmitted another urgent appeal
          on 18 May 1994 on behalf of Dario de Jesus Mejia and Father Ricardo Mates, a
          director of the Regional Committee for the Defence of Human Rights (CREDHOS)
          On 18 April 1994 soldiers of the Los Communeros military base had reportedly
          destroyed the home of Mr. Mejia in Bostôn, Barrancabermeja. Mr. Mejia had
          been detained, tortured and forced to sign a statement accusing Father Mates
          of collaboration with the guerrillas. Father Mates had previously received
          threats from the military. Under these circumstances, fears were expressed
          that he might be detained and subjected to torture or ill-treatment.
          Observations
          137. Many of the allegations in this and previous reports were supplemented
          with testimony received by the Special Rapporteur during his mission to
          Colombia in October 1994. The existence of a serious problem of torture is
          acknowledged by most public authorities, except the armed forces, who may
          admit the existence of identified “cases” of torture. The conclusions and
          recommendations of the joint mission conducted with the Special Rapporteur on
          extrajudicial, summary or arbitrary executions may be found in document
          E/CN.4/1995/111.
          Côte d'Ivoire
          Urgent appeals
          138. The Special Rapporteur transmitted an urgent appeal to the Government
          on 19 May 1994 on behalf of Guirao Blé, deputy secretary general of the
          Ivoirian Federation of Student and School Pupils (FESCI) , Rosalie Kouamé,
          Danthe Apolos, Naminata Ouatara, Merite Nalansana, and Orabera Tate. These
          persons were among a group of about 30 student members of FESCI who were
          arrested by members of the security forces on 15 May 1994 after participating
          in a meeting on the campus of the University of Cocody in Abidjan. At least
          one student was allegedly beaten severely after his arrest and had to be taken
          to hospital and the others were reportedly being held in incommunicado
          detention.
          Croatia
          Information transmitted to the Government and replies received
          139. By letter dated 11 July 1994 the Special Rapporteur informed the
          Government that he had received information that D emal Muratovié, a Muslim
          Croatian citizen, was arrested with a neighbour on suspicion of car theft
          while they were towing his own disabled car in his home town of Slavonski Brod
          on 7 February 1994. D emal Muratoviá was allegedly beaten severely during two
        
          
          E/CN. 4/1995/34
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          days of interrogation, and a doctor who visited him in detention was said to
          have confirmed that he had sustained a burst eardrum and damage to the
          kidneys. Although the doctor recommended a full medical examination and
          immediate treatment, the police were allegedly continuing to hold
          D emal Muratoviá in detention without medical treatment.
          140. On 8 November 1994 the Government replied that D emal Muratoviá had
          been arrested on 8 February and brought to the Police Department of
          Brod-Posavina. On 11 February he was brought before the investigating
          magistrate in Po ega and remained there in custody until 27 May 1994.
          The Government established that allegations concerning maltreatment of
          D emal Murtoviá had no foundation.
          Cuba
          Information received from the Government with respect to cases included in
          previous reports
          141. By letter dated 26 January 1994 the Government provided the Special
          Rapporteur with information on the cases which the Special Rapporteur had
          transmitted on 3 November 1993.
          142. The Government informed the Special Rapporteur that Julio Perez Benitez,
          a detainee at Agüica prison, Matanzas province, had assaulted a prison
          officer, who was obliged to repel the attack. He suffered no injuries of any
          kind that could have affected his health or physical well-being.
          143. Joel Alfonso Matas, a detainee at Quivicmn prison, had on 23 October 1992
          punched a prison officer and the officer had replied in kind. Neither man
          needed medical attention.
          144. According to the Government, the name of the person detained in Manacas
          provincial prison, Villa Clara, and referred to in the communication of the
          Special Rapporteur as José Pascual Castillo was José Pascual Sarduy. He had
          assaulted two guards on 15 February 1993, without receiving any injuries, and
          the state of his health was satisfactory.
          145. The Government informed the Special Rapporteur that contrary to the
          allegations, Juan Carlos Aguiar Beatôn, a detainee in Guanajay prison in the
          province of Havana, had physically assaulted Lieutenant Oscar Rodriguez
          Rodriguez and Sergeant Sergio Bannos Torres, seriously wounding the latter
          with a sharp instrument. The prisoner received no injury of any kind and the
          state of his health was satisfactory.
          146. According to the Government, contrary to the information given to the
          Special Rapporteur, Heriberto Arce Vázquez and his brother had attacked a
          number of people in a night club on 24 May 1992, causing them various degrees
          of injury. The brothers were arrested while attempting to escape after
          assaulting a policeman. Charges that they were physically assaulted were
          without foundation.
        
          
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          147. The Government informed the Special Rapporteur that Manuel Benitez
          Hernmndez, serving a sentence in Boniato prison, had assaulted Sergeant
          Osvaldo Kindelmn, but that the latter was deemed to have been responsible for
          not exhausting all means of persuasion, as a result of which disciplinary
          measures were imposed both on the prisoner and on Sergeant KindelIn.
          According to the Government, Manuel Benitez HernIndez publicly acknowledged
          his error in acting as he did and took responsibility for the consequences.
          His state of health was satisfactory.
          148. Charges of ill-treatment of the prisoner Luis Alberto Santos, detained
          in Boniato prison, were unfounded in every respect; his physical and general
          health were satisfactory.
          149. The Government informed the Special Rapporteur that the names of
          Gerardo Montes de Oca and René Contreras Blanch, communicated by the Special
          Rapporteur, did not appear in prison records or in records of incidents
          involving the authorities or representatives of the law enforcement agencies.
          Cyprus
          Information transmitted to the Government and replies received
          150. By letter dated 14 September 1994, the Special Rapporteur informed the
          Government that he had received information concerning Mehmet Cambulut, a
          Turkish Cypriot, who was allegedly slapped, punched, beaten on the soles of
          his feet and burned with a cigarette by members of the Special Branch of the
          police in April 1992 after he had gone to report his arrival in the Republic
          from the northern part of the island.
          151. On 16 November 1994 the Government replied that Mehmet Cambulut had filed
          a complaint alleging ill-treatment by the Limassol police with the Committee
          for the Protection of Rights of Turkish Cypriots, which then notified the
          Chief of Police and the Attorney General. The police submitted the result of
          an investigation to the Attorney General who determined that the allegations
          could not be substantiated. A companion who had been with him at the police
          premises had stated in writing that they had not been ill-treated and that
          Mehmet Cambulut's complaint had been lodged to receive compensation.
          152. The Special Rapporteur also informed the Government that he had received
          information concerning Lycourgos Vassiliou, of Larnaka, who was allegedly
          severely beaten and kicked by four policemen on 2 September 1993, resulting
          in his hospitalization for treatment, including broken ribs. Despite the
          existence of videotape evidence corroborating the beating, the police were
          reportedly acquitted by the assize court because the tape had not been
          submitted into evidence. The policemen had previously been acquitted on two
          other charges of causing grievous bodily harm to Lycourgos Vassiliou.
          153. The Government replied that the assize court had acquitted the accused
          police members on the grounds, inter alia , that the evidence of the
          complainant did not reflect the truth. The videotape was seen by the Court,
          but was not taken into consideration because the person who took the film was
        
          
          E/CN. 4/1995/34
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          unknown to the police and the prosecuting authorities. The decision of the
          Court was final, but compensation was a matter to be decided by the court of
          competent jurisdiction after the filing of a claim by the complainant.
          Czech Republic
          Information transmitted to the Government
          154. By letter dated 17 August 1994, the Special Rapporteur advised the
          Government that he had received information concerning Jaroslav JonI , a
          17-year-old Rom who died in police custody on 19 September 1993. He had been
          arrested on 17 September 1993 on suspicion of having burgled a restaurant in
          Fr dek-Mistek and was allegedly beaten and forced to sign a confession. He
          was later taken to hospital and treated for contusions on the left cheek, nose
          and back of the neck. After he was ordered by a magistrate on 18 September to
          remain in pre-trial detention, his father was notified that he had hanged
          himself in his cell. An investigation by the Ostrava Prosecutor's Office was
          reportedly being conducted into the circumstances surrounding his death.
          Denmark
          Information transmitted to the Government and replies received
          155. By letter dated 5 August 1994, the Special Rapporteur informed the
          Government that he had received information concerning a painful form of
          restraint used against detainees known as the “leg-lock”. The method was said
          to involve handcuffing the detainee behind the back, bending both legs at the
          knee, wedging one foot against the opposite knee and placing the other foot up
          under the handcuffs. The leg-lock was reported to have caused injuries such
          as abrasions to the wrists and nerve damage, resulting in pain and long-term
          numbness and tingling in the shoulders, arms, hands or fingers. The method
          was also said to inhibit breathing, thus creating a risk of sudden death.
          156. The leg-lock and other forms of ill-treatment had reportedly been
          used against persons detained during police operations from September 1992
          to December 1993 directed against hashish sellers in the Christiania
          neighbourhood of Copenhagen. Although the police unit allegedly responsible
          for most of the abuses, known as the “Christiania squad”, was said to have
          been disbanded in December 1993, the use of the leg-lock as a form of
          restraint was said to continue.
          157. The Special Rapporteur informed the Government of allegations he had
          received concerning police abuse in the five cases summarized in the following
          paragraphs.
          158. Uvdlorianguaq Geisler was detained in the corridor of his house in
          Christiania on 24 May 1993 by plainclothes officers and placed in a van in
          the leg-lock position. He continued to suffer from tingling in his hands
          five months after the incident. During this same incident, Brian Beyer
          Johnsen was allegedly grabbed from behind by the police, after which he
          fainted. He woke up in a police van in the leg-lock position and, unable to
          endure the pain, managed to slip his foot through the cuffs. The police then
        
          
          E/cN. 4/1995/34
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          allegedly tightened the cuffs so that they cut through the skin of his wrists.
          Three months after the incident, he reportedly suffered from numb thumbs,
          tingling in his hands and scars on both wrists.
          159. Albert Hatchwell Nielsen was arrested on 6 July 1993 in Christiania
          and allegedly placed in a van in the leg-lock position, which caused numbness
          and tingling in his hands. Seven months after the incident, he reportedly
          continued to suffer from “pins and needles” in the forefinger of each hand and
          a reduction of sensation, symptoms which an examining neurologist concluded
          were due to a compression injury of the wrist.
          160. Peter Lucassen was allegedly beaten by three officers, including with
          a truncheon, after he had collided with one of the officers coming down
          the stairs of his house in Christiania on 8 September 1993. He was then
          reportedly placed in the leg-lock position. At the hospital the next morning,
          doctors noted bruises on his left arm, shoulder blades, knee, and on the back
          near his spine, as well as a swollen nose and forehead and abrasions on both
          wrists. The numbness in his hands was said to continue and in February 1994 a
          neurologist reportedly found signs of nerve damage to his left hand.
          161. Mads Sjelund was arrested on 10 September 1993 by police officers in
          Christiania, during the course of which an officer allegedly placed a knee on
          his left hand, grinding it into the ground, while another officer put his knee
          on his neck. He was thereafter allegedly handcuffed behind the back and
          placed in the leg-lock position. At the hospital his left hand was placed in
          a splint and redness, swelling and bruising on both wrists was noted by a
          doctor. He retained scars on his wrists eight months after the incident.
          162. On 17 October 1994 the Government informed the Special Rapporteur that
          following discussions with senior police officials and police associations,
          it had been decided to suspend indefinitely the above-described “leg-lock”
          restraint technique. It had been claimed that under certain circumstances the
          application of the restraint could cause the death of the prisoner. The
          Danish Ministry of Justice requested the Medico-Legal Council, an independent
          body of medical experts, to undertake an assessment of the medical risks
          involved in the application of that type of restraint. Reviews were also
          being conducted of other self-defence techniques used by police with a view to
          identifying potential risks connected with their application.
          163. As to the allegations in specific cases involving the police operations
          in Christiania, examinations were being conducted before the Copenhagen city
          court with a view to clarifying complaints against police conduct.
          Dj ibouti
          Urgent appeals
          164. The Special Rapporteur transmitted an urgent appeal on 15 June 1994
          advising the Government that he had received information regarding six persons
          arrested on 5 June 1994 while participating in a peaceful demonstration by
          displaced persons in Ariba, a suburb of Djibouti city. They were identified
          as Addis Awalo Ali, Mohamed Daoud, Nour Barkat, Haidara Ashad, Dalle Ali
          Cheicko and Daoud Ali. The Force d'action rapide (Quick Action Force) was
        
          
          E/CN. 4/1995/34
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          said to have killed 4 and arrested about 600 persons at the demonstration.
          Most of those arrested were released, but the 6 named persons were reportedly
          still being held in an army detention centre 52 kilometres from the city.
          Dominican Republic
          Information transmitted to the Government
          165. By letter dated 30 June 1994, the Special Rapporteur informed the
          Government that he had received information that Luis Lizardo Cabrera and
          Victor Manuel Penaldo Almonte were among a group of 24 prisoners in
          La Victoria national penitentiary who were severely ill-treated by members of
          the national police for having declared a hunger strike on 9 August 1993. The
          strike had been called by the prisoners to protest what they claimed was the
          illegal detention of persons who had completed their prison sentences or whose
          release had been ordered by the courts. As a result of their ill-treatment,
          the two prisoners had to be hospitalized with intestinal problems and injuries
          to their knees.
          166. By the same letter the Special Rapporteur reminded the Government of
          cases transmitted in 1993 regarding which no reply had been received.
          Ecuador
          Information transmitted to the Government
          167. By letter dated 7 June 1994 the Special Rapporteur advised the Government
          that he had received allegations of torture in the cases summarized in the
          following paragraphs.
          168. Danilo Jara was reportedly arrested and beaten in Quito
          on 31 October 1993 by three uniformed policemen. At the Office for the
          Investigation of Offences he was allegedly suffocated by a plastic bag placed
          over the head into which tear gas was pumped, his testicles were squashed,
          and he was suspended by his feet while electric shocks were administered.
          A doctor attached to the Office of the Attorney-General who visited him at
          Varones Rehabilitation Centre No. 2 stated that Danilo Jara had been severely
          beaten.
          169. Rodrigo Elicio Mufloz Arcos, Luis Artemio Mufloz Arcos, Segundo Hilariôn
          Morales Bolaflos and José Vicente Morales Rivera, all Colombian nationals, were
          arrested on 26 August 1993 in the town of Tulcmn, Carchi province, by the
          police and taken to the local Office for the Investigation of Offences.
          For 13 days they were allegedly held incommunicado and subjected to various
          forms of torture, including beatings and suffocation by a plastic bag placed
          over the head into which tear gas was pumped. The presence of injuries was
          reportedly confirmed by two doctors who visited the detainees at the Social
          Rehabilitation Centre to which they had been transferred on 7 September 1993.
          170. The following persons, most of Colombian nationality, were arrested
          between 17 and 21 December 1993 by army personnel of the Selva Brigade 56 in
          the area of Pefla Colorada and Lorenzo, as well as in the towns of Nueva
          Esperanza and Montepa, in the province of Sucumbios: Carmen Bolaflos Mora,
        
          
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          Alejandro Aguinda Lanza, Demetrio Pianda Machoa, Froilin Cuellar, Jose Otilio
          Quinayas, Harold Heberth Paz Pallaguaje, Juan Climaco Cuellar Pallaguaje,
          Henry Machoa Pallaguaje, Leonel Aguinda Urapari, Josué Bastidas Hernindez and
          Carlos Enrique Cuellar. The arrests were carried out in an operation against
          the guerrilla group Fuerzas Armadas Revolucionarias de Colombia (FARC), which
          had attacked members of the police force and the Ecuadorian army. These
          persons were taken to the Puerto El Carmen military base and were allegedly
          beaten severely, suspended by ropes, deprived of food and sleep and subjected
          to electric shocks and mock executions. Carmen Bolaflos was allegedly raped
          repeatedly. On 27 December they were transferred to the Pichincha Office for
          the Investigation of Offences in Quito, where the torture was said to have
          continued. The confessions obtained in this way were filmed and shown on
          television. Following medical examinations on 4 January 1994, two of the
          detainees, Juan Climaco Cuellar and José Otilio Quinayas, reportedly had to be
          hospitalized. A number of non-governmental human rights organizations are
          said to have made statements concerning the innocence of the detainees and to
          have asserted that their only crime consisted in living in the region where
          the attack by the guerrilla group had occurred.
          171. An additional 20 people, including Medardo Urapari Machoa, Reiniero
          Jurado Pianda, José Notto Diaz and Amparo Jaramillo, were arrested in
          connection with the aforementioned incidents, tortured and eventually released
          without being charged.
          Follow-up to cases transmitted previously
          172. William Fausto Andrade, arrested on 6 June 1992 in El Eno, Sucumbios
          province, was allegedly tortured by the police. In a letter sent on
          30 September 1994 the Government provided a police report indicating that it
          had not been possible to identify who had made the arrest and on what date.
          In addition, no medical certificate existed which could establish if torture
          had been inflicted.
          173. Victor Hugo Cadena, arrested on 25 July 1992 in the district of
          Atalmalpa, Quito, was allegedly tortured by the police. On 9 December 1993
          and 30 September 1994 the Government replied that he had been arrested on
          suspicion of theft but that he was never subjected to torture.
          174. Johnny Julio Lara Term, arrested on 17 July 1992 in Quito, was allegedly
          tortured by the police. On 9 December 1993 and 30 September 1994 the
          Government replied that he had been arrested on suspicion of theft but that he
          was never subj ected to torture.
          175. Felipe Moreira Chavez died, allegedly as a result of torture, following
          his detention by the police on 20 August 1992 in Quevedo, province of
          Los Rios. On 9 December 1993 the Government stated that he had been arrested
          on suspicion of bank robbery. He had tried to escape by jumping off the
          vehicle in which he was being transferred and he fell down a hill.
          176. Luis Olmedo Aguilar Lôpez died after being arrested by the police
          on 24 February 1993 in Pintag, near Quito. According to the autopsy report,
        
          
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          his body was bruised. On 9 December 1993 the Government replied that he had
          died of natural causes. The Special Rapporteur requested further information
          from the Government which has not yet been provided.
          177. José Ignacio Chauvin, aged 17, was arrested on 14 February 1993 in Quito
          and allegedly tortured. On 30 September 1994 the Government stated that due
          to insufficient cooperation from Mr. Chauvin, it was not possible to identify
          the policemen who carried out the arrest, the details regarding the place of
          detention or the vehicle in which he was transferred. The investigation was
          continuing.
          Egypt
          Information transmitted to the Government and replies received
          178. By letter dated 4 July 1994 the Special Rapporteur informed the
          Government that he had received information according to which torture was
          practised routinely in prisons, State Security Intelligence (SSI) facilities,
          Central Security Forces (CSF) detention camps and police stations. The
          frequency of the practice was said to have risen sharply with the concomitant
          increase in political activities, especially by certain Islamic groups.
          179. Torture was reportedly practised on all classes of detainees, but the
          practice appeared most common and severe as with respect to those detained or
          imprisoned for political reasons. Persons suspected of belonging to Islamic
          fundamentalist, Nasserist or Communist organizations were said to be singled
          out for mistreatment. Christians accused of attempting to convert Muslims as
          well as Muslims who had converted to Christianity, were also said to be
          particularly vulnerable to torture.
          180. Torture was allegedly carried out to extract a “confession” or
          information; to administer discipline or punishment; or, in certain police
          stations, to perform a “favour” for influential persons. The methods of
          torture alleged included severe beatings, such as with sticks and other
          objects; whippings with electric cables while the victim was naked; suspension
          in painful positions for prolonged periods; application of electric shocks,
          particularly on sensitive parts of the body such as genitals, nipples, ears
          and lips; burnings with cigarettes; sexual assault; dousing with cold water;
          and dragging the victim across the floor so as to cause abrasion wounds.
          181. In a number of instances of alleged torture, the victims were examined by
          medical officials of the Department of Forensic Medicine in the Ministry of
          Justice. It was said that even in cases in which forensic reports had
          established that the state of the examinee was consistent with allegations of
          torture, further investigation or prosecution was seldom pursued.
          182. The Special Rapporteur also transmitted to the Government a number of
          individual cases. On 27 October 1994 the Government provided replies to these
          cases, summaries of which follow those of the corresponding allegations.
          183. In the cases transmitted by the Special Rapporteur described in the
          following paragraphs, allegations of torture were said to be consistent with
          forensic medical examinations conducted by the Department of Forensic Medicine
        
          
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          in the Ministry of Justice. The forensic report number was provided where the
          source provided it to the Special Rapporteur. A significant number of the
          incidents were reported to have occurred when the individual was in SSI
          custody.
          184. Rabi' Ahmad Rikabi Ahmad was arrested on 4 January 1993, blindfolded,
          taken to a location that may have been SSI headquarters in Lazoghly Square,
          Cairo, and allegedly tortured by means of electric shocks to his chest and
          stomach. The forensic reports were said to have noted a scar on his nose
          caused by exceedingly tight blindfolding, but the examination took place
          beyond the period necessary to confirm the use of electric shocks.
          ‘Abd al-Mun'im Gamal al-Din ‘Abd al-Mun'im was arrested on 21 February 1993
          and blindfolded for several days at the Giza branch of SSI. The pressure from
          the blindfold was said to have caused injuries to the bridge of his nose.
          Hussein Taha ‘Omar ‘Afifi, from Imbaba, Cairo, was arrested on 10 January 1993
          and allegedly beaten over two days, resulting in scarring to his left arm.
          The Government replied that the court in Military Felony Case 18/1993 had
          acquitted these three persons on the grounds that the charges against them had
          not been proved, but that the substantiating grounds for the court's judgement
          made no reference to their assault or torture.
          185. Yahya Khalfallah Mohammad ‘Ali, from Cairo, was arrested
          on 18 February 1993 and allegedly tortured by means of beating him with an
          iron bar on his face and head and applying electric shocks to various parts of
          his body. The Government stated that he was sentenced to three years'
          imprisonment in Military Felony Case 18/1993, but the court had disregarded
          the defendant's confessions made during the investigation in view of its
          suspicion that they might have been extracted under duress or pressure. The
          Department of Public Prosecutions (DPP) was investigating the matter.
          186. Ahmad Shawqi Thabet ‘Abd al-'Aal was arrested on 10 April 1993 and
          allegedly tortured for four days at SSI headquarters and at the SSI branch
          office at Gaber bin Hayyan Street in Doqqi, Cairo. The methods of torture
          were said to include electric shocks to various parts of his body and
          beatings, resulting in injuries to his hands, legs, chest, and back. The
          Government replied that he was sentenced to 10 years' imprisonment with hard
          labour in Military Felony Case 18/1993, but that the court had observed
          injuries on the defendant and so had disregarded the contents of the arrest
          reports and had based its judgement on other evidence. The DPP was
          investigating the matter.
          187. Khalifa ‘Abd al'-Azim ‘Abd al-'Aziz Khalifa was arrested
          on 20 February 1993, taken to SSI headquarters and allegedly tortured for
          two days by means of beatings and electric shocks to various parts of his
          body. ‘Abd al-Rahim ‘Abd al-Ghaffar Mursi ‘Abd al-Ban was arrested on
          18 February 1993 and reportedly subjected to punches and kicks, injuring his
          right eye. He also allegedly received electric shocks to sensitive areas of
          his body. The Government replied that the two men were sentenced by the court
          in Military Felony Case 18/1993 to 15 years' imprisonment with hard labour,
          but that the court had disregarded their confessions made during investigation
          in view of its suspicion that they might have been extracted under duress or
          pressure. The DPP was investigating the matter.
        
          
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          188. Hazim Mohammad Nour al-Din Hafiz Wahdan was reportedly arrested
          on 18 February 1993 and tortured for two hours each day for five days. He was
          allegedly subjected to electric shocks on various parts of his body, including
          to his penis and rectum. The Government replied that he had been acquitted of
          charges against him by the court and that the DPP referred him for two medical
          examinations. The first examination revealed a number of contusions having
          occurred at a time consistent with that of the alleged incident, but these
          could not have been caused by electric shocks as the defendant alleged. It
          was impossible to determine the date of other abrasion injuries. The second
          report indicated that the injuries mentioned in the first report had
          disappeared, making it impossible to determine their cause and rendering the
          complainant's allegations unsupported.
          189. Muhsin ‘Ali Mursi Shahhata was arrested on 28 January 1993 and allegedly
          tortured by means of electric shocks applied to various parts of his body.
          The Government replied that he was sentenced to 15 years' hard labour in
          Military Felony Case 18/1993 and that, according to the medical reports,
          lesions on his forearms had been caused by friction with one or more blunt
          rough-surfaced objects and could not have been caused by electric shocks.
          A lesion behind his right ear was a pathological condition.
          190. Mohamed Ali Mohamed El-Sayed Hegazi was allegedly tortured
          from 8 February 1993 through 25 February 1993, with beatings to the head with
          a hard instrument and whippings on the feet and legs with a lash-like
          instrument. He was said to have sustained injuries and scars to his head,
          legs and shoulders (forensic report 807/1993) . The Government replied that
          the Department of Forensic Medicine report stated that his contusions could
          have been caused in the manner alleged by the defendant. The court in
          Military Felony Case 24/1993 studied the contents of the medical report
          and acquitted the defendant on the ground of lack of admissible evidence
          against him.
          191. Ihab Abdel-Maqsoud was allegedly assaulted in prison on his left arm with
          a leather instrument, subjected to electric shocks causing injury to his neck,
          had tear gas canisters hurled at him and was beaten with canes (forensic
          report 220/1993) . The Government replied that the medical report indicated
          that the abrasion observed on his forearm had been caused by the frictional
          impact of some type of hard, blunt object that might have been a leather belt
          as alleged in the defendant's statement and might have occurred on the date
          alleged. The court in Military Felony Case 24/1993 studied the report and
          decided to sentence him to a term of three years' imprisonment.
          192. Islam Ragab abdel-Hadi was allegedly tortured by means of suspension by
          the hands (forensic report 220/1993) . The Government replied that he was
          acquitted by the court in Military Felony Case 24/1993, which included in its
          substantiating grounds the suspicion that he might have been subjected to
          duress or pressure. The DPP was investigating the allegations.
          193. Youssef Sadiq Youssef was allegedly tortured by an officer of the 551
          on 21 January 1993 by means of blindfolding and beatings with a whip or lash
          (forensic report 122/1993) . The Government replied that he had been sentenced
          to 10 years' imprisonment with hard labour in Military Felony Case 23/1993 and
          that the medical report indicated that a superficial examination of his body
        
          
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          had shown no traces of injuries or marks suggesting that he might have been
          subjected to violence or assault. A mark on his nose might have been caused
          by his being blindfolded.
          194. Hilal Osman Mursi Hilal was allegedly assaulted by officials in Marg
          prison on 21 May 1993. He was said to have been bound in iron clasps,
          suspended from a wall, beaten on the back with an army boot and an electric
          cable and hit on the back of the head (forensic report 833/1993) . The
          Government replied that he had been sentenced to seven years' imprisonment in
          Military Felony Case 24/1993 and that the substantiating grounds for the
          judgement made no reference to assault or torture.
          195. Tarek Mansour Ali was allegedly tortured by being punched, kicked and
          subjected to electric shocks to his chest while blindfolded and naked
          (forensic report 245/1993) . The Government replied that the medical report
          stated that it was impossible to determine the cause of a superficial wound on
          his chin that was in the process of healing or to determine the manner in
          which it had occurred. It was possible that it had occurred on the date
          alleged. In reviewing all the evidence, including the contents of the report,
          the court decided to acquit him in Military Felony Case 24/1993.
          196. Gamal Mohamed Abu Zaid was allegedly assaulted by SSI officers, resulting
          in wounds to his forehead, legs and feet (forensic report 270/1993) . The
          Government replied that the medical report indicated that most of the marks
          observed on his body were probably recent superficial contusions and abrasions
          that were not of a special or significant nature and did not support his
          statement to the DPP concerning the alleged incident.
          197. Khalifa Abu Zaid Shabib was allegedly tortured by having his wrists
          bound, being suspended from a door and being punched and beaten with various
          instruments (forensic report 261/1993) . The Government replied that he was
          acquitted by the court in Military Felony Case 24/1993, which included in its
          substantiating grounds the suspicion that he might have been subjected to
          duress or pressure. The DPP was investigating the allegations.
          198. Amr Ali Mohammed El-Iraqi was allegedly assaulted upon his arrest
          on 12 February 1993. He was said to have been beaten with a stick on his feet
          and head and punched and slapped in the face (forensic report 221/1993) . The
          Government replied that the medical report indicated that marks observed on
          the soles of his feet were contusions that could have originated on the date
          alleged and might have been caused by beating of the feet with sticks. The
          military court in Military Felony Case 24/1993 reviewed all the evidence,
          including the contents of the medical report, and decided to acquit him.
          199. Hasan Mekkawi Hasan Mekkaw was arrested on 10 June 1992 and interrogated
          on 14 December 1992. He was allegedly tortured and suffered severe injury,
          including a perforated right ear drum. The case was identified in forensic
          report 600/1992. The Government replied that the court in Military Felony
          Case 6/1993 had acquitted him after reviewing all the facts of the case,
          including the medical report.
          200. Hamidh Qasim El-Abed was arrested on 16 August 1992 and taken to the SSI
          branch office in Bandar Qena. He was allegedly blindfolded, beaten and
        
          
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          subjected to electric shocks, which resulted in injuries to his thighs, legs
          and left shoulder (forensic report 600/1992) . The Government replied that the
          medical report had indicated that marks of injuries to his right foot had
          disappeared without leaving clear traces that could be used as evidence, that
          x-rays had revealed no fractures, and that on the basis of his descriptions of
          his injuries, they seemed to be merely bruises or abrasions. The court in
          Military Felony Case 6/1993 had reviewed all the evidence and sentenced him
          to 15 years' hard labour and in its judgement made no mention of any offence
          committed against him.
          201. Mahmoud Hussein Mohammed Ahmed El-Minya was arrested on 13 April 1992
          in Alexandria port under the Law of Suspicion. He was allegedly subjected
          to beatings and had his lower jaw broken, resulting in a coma and death
          on 3 May 1993. The Government replied that an investigation of the office of
          the El-Minya Prosecutor had excluded suspicion of felonious acts on the part
          of the police and the case had been closed. That decision was based upon a
          report from Asyut University Hospital which confirmed that his death had been
          caused by kidney failure. A forensic report had also stated that his death
          was due to a pathological condition and could not be attributed to the fact
          that his jaw had been broken. The Attorney-General, however, had
          countermanded the decision to close the file and had ordered a continuation of
          the investigation, which was being undertaken by the DPP.
          202. Matouq Yusuf Hasan was arrested on 26 January 1993 and allegedly
          suspended in a painful position, causing an impairment in mobility of his
          right arm and both legs (forensic report 203/1993) . The Government replied
          that he was convicted of some and acquitted of other charges against him in
          Military Felony Case 13/1993 and was sentenced to five years' imprisonment
          with hard labour. The court had studied the medical report and made no
          reference to the commission of any offence against him in its judgement.
          203. The cases in the following paragraphs were said to be documented in
          records of DPP inquests. The information reflecting the torture allegations
          was said to be based on testimony given by the victim to the DPP and by visual
          examination of the victim by the DPP.
          204. Tareq Abdel-Raziq Hussein appeared before the DPP for questioning
          on 26 April 1993, during which the DPP, upon inspection, confirmed the
          presence of injuries to his body. He allegedly had been beaten and suspended.
          The Government replied that he had been sentenced to death for the attempted
          assassination of the Minister of Information in Military Felony Case 11/1993
          and was subsequently executed. The Court had reviewed all the allegations and
          defence pleas at its hearings.
          205. Ashraf Il-Sayed Ibrahim Saleh appeared before the DPP for questioning
          on 26 April 1993, during which the DPP was said to have discovered bruises on
          his calves. He allegedly had been tortured by various means and was unable to
          swallow as a result of blows to his jaw and chin. The Government replied that
          he had been executed following death sentences pronounced in State Security
          Case 230/1992 and Military Felony Case 11/1993. The court had reviewed all
          allegations and pleas at its hearings.
        
          
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          206. Shafia Mohammed All appeared before the DPP on 3 April 1993, during
          which a visual examination revealed abrasions and bruises on his legs
          and knees. He allegedly had been subjected to torture by the SSI
          on 31 March 1993, including blows to the face and being suspended upside down
          while receiving electric shocks to the thighs. The Government replied that
          his real name was Shafi'i Magd Ali Magd and that he had been convicted of some
          and acquitted of other charges in Military Felony Case 13/1993. The judgement
          made no mention of any allegation by the accused that he had been assaulted.
          207. Ahmed El-Sayed Moustaf a appeared before the DPP on 26 January 1993,
          during which the DPP was said to have recorded the presence of bruises on his
          chest and back. He allegedly had been assaulted and tortured. The Government
          replied that he was sentenced to five years' imprisonment with hard labour in
          Military Felony Case 23/1993 and the court made no reference to his having
          been subjected to assault or torture.
          208. The Special Rapporteur also transmitted to the Government the cases of
          torture described in the following paragraphs.
          209. Abd al-Harris Mohammad Madani was reportedly arrested at his law office
          in Cairo on 26 April 1994 and died 6 May 1994, allegedly as a result of severe
          torture by the SSI Giza branch. His death was said to have occurred either in
          police custody or in Qasr al- ‘Aini hospital, where he was taken by the police.
          The substance of the Government's reply to this case was substantially the
          same as that summarized below in response to the urgent appeal of the Special
          Rapporteur transmitted on S May 1994 (see para. 222)
          210. Mohammad Hussam Ahmad al-Sharif was arrested on 18 January 1993 and
          allegedly tortured over several weeks by means of electric shocks to various
          parts of his body and by suspension. He was not examined forensically until
          21 March 1993, at which time no scars were recorded. The Government replied
          that he had been executed on 20 December 1993, pursuant to a sentence
          pronounced by the court in Military Felony Case 18/1993. The medical report
          issued on 8 February indicated that a vascular condition in his eye was a
          pathological condition and the medical report of 27 April 1993 revealed no
          injuries.
          211. ‘Ali Hashem Mohammad ‘Amara was reportedly arrested in January 1993 and
          taken to SSI headquarters where he was allegedly tortured by means of electric
          shocks and beatings. He was not examined forensically until 30 March 1993, at
          which time no scars were recorded. The Government replied that he had been
          sentenced to hard labour for life (15 years) in Military Felony Case 18/1993.
          He did not submit any plea to the effect that he had been assaulted.
          212. Mohamed Abu Bakr Omar, from Siwa Oasis, was allegedly tortured at Siwa
          police station and on 26 August 1993 was referred to Siwa's central hospital.
          A medical examination reportedly revealed a cut in his scalp, a contusion on
          the lower lip, multiple contusions and bruises on the neck, back and shoulders
          and contusions on the upper part of the chest, both arms, a finger and the
          feet. The Government replied that the DPP had decided that there was no cause
          to institute proceedings in connection with the incident in view of the fact
          that he bore equal responsibility for his injuries.
        
          
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          213. Munbeih Nagih All was reportedly tortured for eight hours by an
          investigator from the Qalyb police section, who forced his way into her house,
          beat her with a shoe and threw her 15-day-old granddaughter to the ground.
          The officer then allegedly took her to the police station and in the presence
          of several onlookers whipped her, undressed her, tied her hands and feet and
          threatened her with rape. The DPP was said to have corroborated that she had
          sustained multiple injuries and to have ordered a medical report to be made
          at Qalyb hospital. The Government replied that the DPP had conducted an
          investigation and had charged the officer with the offence of using brutality,
          but had released him on his own recognizance. The case was still awaiting
          final settlement.
          214. Ahmed Farouq Ahmed Ali was arrested on 2 September 1993 in connection
          with a plot to assassinate the Interior Minister and he died the next day,
          allegedly as a result of torture. His father and 13 members of his family had
          been arrested and taken to the 551 office in Dokki, where they allegedly were
          subjected to beatings and insults and the women were threatened with rape.
          On 4 September 1993, his father was told that Ahmed Farouq Ahmed Ali had died
          of a heart attack. A death certificate noted that an examination of the
          corpse had revealed the presence of injuries and that the cause of death was
          under investigation. The Government replied that the forensic report
          indicated that the death was caused by a sudden drop in blood pressure which
          affected the functioning of the cardiovascular and respiratory systems. The
          autopsy revealed aortic atheroma, an opaque tumour, nephremia, pulmonary
          schistosomiasis and cirrhosis of the liver. His pathological condition was
          chronic and, in itself, was likely to prove fatal without any other external
          factors. The DPP decided to suspend further investigations.
          215. The Special Rapporteur also transmitted to the Government information
          he had received indicating that the practice of torture was widespread in
          Egyptian prisons. Collective mass punishments were reportedly carried out
          with frequency, especially where members of Islamic political groups were held
          en masse . Tear gas, truncheons, whips and dogs were allegedly used against
          prisoners and reprisals were said to be carried out pursuant to laws and
          regulation that had been intended to protect the security, health and hygiene
          of the prisons.
          216. An incident of mass punishment was reportedly carried out by a joint
          force of soldiers, police and special forces on 5 September 1993 at the
          Abu Za'bal El-Sna'i Prison in Qalyubiya governorate. The forces allegedly
          removed each prisoner from two of the cell blocks, beat them, dragged them
          along the ground and set dogs on them. When inmates of two other cell blocks
          refused to emerge from their cells, they were allegedly shot at with tear gas
          and rubber bullets. Ahmed Mourad, Mohamed Ibrahim, Ali Hafez, Moustafa Bakri,
          Ahmed Hashish and Ali Hassan Ali were said to have been severely injured in
          the incident. After some prisoners went on a hunger strike in protest, they
          were allegedly taken to the SSI officers' room in the prison and subjected to
          torture and whippings. Another disciplinary campaign reportedly followed
          on 24 October 1993, resulting in serious injuries to 16 inmates, including
          head and facial wounds, bruising on the back, and wounds from rubber pellets.
        
          
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          Four prisoners - Hassanein Moustafa, Youssri Jthdel-Mesih, Atef Aboul-Futouh
          Ahmed and El-Mohamadei Mohamed Mursi - were reported to have died in the
          incident. Mohamed Ahmed El-Sadeq reportedly sustained an injury to his right
          thigh from a live bullet.
          217. The Government replied that on S September 1993, not 27 August 1993,
          Abu Zaabal prison had been the scene of riots and acts of violence among
          inmates in which three persons died and 85 other persons suffered superficial
          injuries. During the incident of 24 October, the force responsible for law
          and order was attacked by some inmates while conducting routine search
          operations, resulting in injury to 25 members of the force and 52 inmates as
          well as the death of one inmate. The injured persons were treated and the DPP
          ordered a medical examination to determine the cause of the deceased
          prisoner's death.
          218. A similar campaign was reportedly carried out at Marg prison
          on 13 September 1993 and 22 September 1993. In the first incident,
          Hatem Musaad El-Qanaoui and Ashraf Abdel-Sitar Ahmed allegedly sustained
          severe injuries as a result of assaults with sticks and wire. In the second
          incident, injuries by beating were allegedly inflicted upon Ahmed Farghali,
          Abdul-Haggag Gohar, Abdel Menem Abdel-Hafez, Mohamed Hussein, Mohamed Hussein
          El-Shaarawi, Mohamed Abdel-Maged, Ramadan Gomaa and Sami Ahmed.
          219. The Government replied that on 13 May 1993, not 13 September, some of
          the inmates at Al-Marg prison rioted and committed acts of violence which
          compelled the prison administration to intervene to disperse the rioters and
          arrest the instigators. Sixteen inmates were charged with using force against
          public officials and causing deliberate damage and 11 of these persons were
          convicted by the criminal court at Benha.
          220. The Government further notified the Special Rapporteur
          on 17 November 1994 that the following persons convicted in Military Felony
          Cases 18 and 24/1993 had been summoned by the DPP from their places of
          detention to give statements: Muhammad Samir Ebeid al-Sayyid, Khalid Abdul
          Fattah Hassan Mustaf a, Muhammad Ali Muhammad Mutawalli, Khalif a Abdul Azim
          Abdul Aziz Khalif a, Yahya Khalafallah Muhammad Ali, Rabi Ahmad Rikabi Ahmad,
          Ra'id Abdul Sami' Ali Amara, Ahmad Shawqi Thabit Abdul Al, Abdul Rahim Abdul
          Ghaffar Marsi Abdul Ban, and Muhammad Gallal Ahmad (Military Felony Case 18)
          Samir al-Sayyid Mahmoud Raihan, Yaseen Abdul Sattar Yaseen, Gamal Muhammad Abu
          Zeid Sulaiman, Amru Ali Muhammad al-Iraqi, Islam Ragab Abdul Hadi, Khalif a Abu
          Zeid Shabib Hilal, Tariq Mutawalli Ahmad al-Tukhi, and Yasir Haggag Muhammad
          Haggag (Military Felony Case 24) . Those persons claiming to have been
          subjected to assault or torture were sent for medical examinations. In none
          of their statements did the prisoners identify the persons responsible for the
          alleged assault.
          Urgent appeals
          221. On 7 March 1994 the Special Rapporteur sent an urgent appeal on behalf
          of Kamel Soliman, a Christian, who was arrested on 31 July 1993 in Cairo by
          members of the security forces for distributing a book written by a former
          Muslim who had converted to Christianity. He allegedly was subjected to
          torture at the State Security Building, including by suspension from the
        
          
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          wrists for prolonged periods, blindfolding and hitting. As a result of this
          treatment, his health had deteriorated and medical care was allegedly not
          administered. He was being held at the Torah penitentiary, near Cairo, and
          fears were expressed that he might die if not provided with adequate medical
          treatment.
          222. The Special Rapporteur sent another urgent appeal on S May 1994 to the
          Government on behalf of ‘Abd al-Hans Mohammad Madani, a lawyer reportedly
          arrested on 26 April 1994 at his office in Cairo. He was allegedly so
          severely tortured at the Giza branch of the SSI that he had to be taken to the
          Qasr al-Aini hospital. Fears were expressed that he might be tortured again
          if returned to SSI custody.
          223. On 22 June 1994, the Government replied that Abd al-Hans Mohammad Madani
          was arrested pursuant to authorization by the Higher State Security Prosecutor
          and that while the arrest squad were taking him to search his home in the
          district of Warraq al-Arab, Giza, he began to experience difficulty in
          breathing. He was taken for medical assistance to Qasr al-Aini hospital and
          that night the Office of the Higher State Security Prosecutor was notified by
          the hospital that he had died. A forensic doctor carried out a post-mortem
          on 28 April and the Chief Justice and Attorney-General ordered an
          investigation into the incident. The final post-mortem report had not yet
          been lodged and the Office of the Prosecutor was continuing its
          investigations.
          Information transmitted by the Government with respect to information in
          previous reports
          224. By letter dated 13 December 1993 the Government replied with respect to
          general allegations as well as a number of individual cases transmitted by the
          Special Rapporteur on 26 August 1993. Further information on some of these
          cases was also provided to the Special Rapporteur by the Government in its
          correspondence of 27 October 1994.
          225. The Government stated that it regarded torture as an inhuman practice
          and had incorporated penal provisions against the practice that were
          applicable even during a state of emergency. An office to investigate cases
          of torture had been established. Since the beginning of 1992, custodial
          sentences had been passed on 15 policemen and officers convicted of assaulting
          citizens and 39 others had appeared before disciplinary tribunals on the same
          charge. Eight of the latter cases were referred by the Office of the
          Attorney-General to the criminal courts and compensation was awarded in cases
          in which acts of torture were found to have been committed.
          226. Allegations concerning the torture of political detainees in prisons were
          able to be refuted owing to the fact that judicial bodies exercised their
          right to monitor and inspect prisons, that the security situation was stable
          in those prisons and that some non-governmental organizations had been
          permitted to visit the headquarters of the State Security Police and a large
          number of prisons. It was inconceivable and impossible that torture could be
          a customary practice, and even if some of the complaints were true, they
          constituted exceptional cases that were condemned and punished by law. Egypt
          was faced with overcrowding in penal institutions, but this did not prevent
        
          
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          diligent care for the social, health and cultural welfare of prisoners and
          respect for their rights. Contrary to allegations, Central Security camps
          were not used as detention centres.
          227. In the case of Saber Hamza Mubarak, who was allegedly tortured at SSI
          offices in Alexandria, the Al-Labban police station and CSF Qena camp, the
          Government replied that a forensic examination had determined that his
          injuries had occurred at a time prior to that at which he claimed to have been
          subjected to torture.
          228. With respect to El-Shazli Ebeid El-Saghir or Shazli El-Saghir Ebeid Ale,
          who was allegedly tortured at a CSF camp at Hurghada in September 1991, an
          examination by the Department of Forensic Medicine had found no trace of
          injury and it could not be ascertained whether he had been tortured.
          229. As to Mahmoud Geheimi al-Saadawi, who allegedly died following six days
          of torture at SSI headquarters, a forensic examination had revealed that the
          cause of death could have resulted from an acute latent pathological condition
          not revealed by the autopsy and a subsequent discussion with the medical
          examiner confirmed that a heart attack was the cause of this pathological
          condition.
          230. Kassab Muhammad Abbas Gad was allegedly subjected to torture and
          ill-treatment upon his arrest in May 1988 and at Abuza'abal and Tora prisons.
          According to the Government, the prison administration asserted that he had
          resorted to the submission of torture complaints in the belief that they might
          lead to his release.
          231. With respect to Khalid Muhammad Ahmad Kumar, who was allegedly tortured
          at SSI at headquarters in October 1991, the Deputy Public Prosecutor had met
          with him, he denied being tortured and no injuries were found on his body.
          232. Muhammad Bakri al-Shaikh was allegedly tortured in 1990 at the CSF camp
          in Abnoub. The Government stated that he had presented himself to the DPP as
          a witness for the prosecution in a case, but had never himself been arrested.
          233. Osama Bahi ed-Din Mahmoud al Qadhi was allegedly tortured in 1991 at
          the CSF camp in Abnoub. According to the Government no record had been found
          of any complaint concerning his subjection to torture, no injuries were
          observed on his body when he appeared before the examining magistrate, and
          the DPP at Abu Tig received no subsequent complaints of his having been
          assaulted.
          234. In the case of Muhammad Said Muhammad Abdu, who was allegedly tortured
          following his arrest in Alexandria in August 1992, no record was found of any
          security measure taken against him.
          235. Muhammad Ali Muhammad Ali was allegedly subjected to torture at the
          Agonza police station in Cairo, including by a mixture of water and faeces
          injected into his leg. According to the Government, he had injected himself
          in the foot with a syringe of dirty water while being questioned by the DPP
          on 14 February 1993 in connection with a criminal case.
        
          
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          236. Fathiya Said Muhammad al-Kurd was allegedly tortured at SSI headquarters
          in February 1992. The Government stated that she had not made any complaint
          or submitted any evidence to substantiate the allegations.
          237. Muhammad Mahmoud Shaikh, a Somali national serving a life sentence at
          Qanatir prison, reportedly died following a severe beating for attempting to
          escape. The Government replied that the medical report gave distension of the
          spleen, a condition from which he had previously suffered, and a sharp drop of
          blood pressure as the cause of death.
          238. Talib Bakir Qaldash, a Turkish national imprisoned at Qanatir prison,
          allegedly died after beatings by warders in his cell. According to the
          Government, he had committed suicide by hanging on 29 July 1991 and a medical
          report stated that asphyxia by suffocation had caused his death. There was no
          evidence of his having been subjected to assault or ill-treatment by any of
          the prison staff.
          239. The Government provided information in the following individual cases,
          but did not address the allegations of torture: Gamil Hassan Metwalli Sayyid,
          Mustaf a, Sadiq Ibrahim Musa, Ashraf Abul-Hassan Ibrahim Qasim, Muhammad Alawi
          Ali Abdul Muheimin, Attiyya Ahmad Muhammad al-Sayyid, Midhat al-Sayyid Ahmad
          Hilal, Muhammad Khlaf Youssuf Abdul Rahman Zayid, Ahmad Thabit Faraq Muhammad,
          Atef Gamil Mahmoud (Atef Gamil Mahmoud Umran), Hani Abul-Magd Sabir Sayim
          (Abul-Magd Hani Sabir Siyam), Khalid Said Mahmoud. In the following
          individual cases, the allegations of torture were addressed only by stating
          that the named person had not filed a complaint of torture: Mu'tazz Ali Abdul
          Karim Abdul Ghani, Hanna Ali Farrag Abdul Karim, Talaat Fuad Muhammad Qasim
          and Ahmad Hafiz al-Dhayit. In the following individual cases, the trial court
          was said to have responded to the defendant's torture claim by disregarding
          the evidence obtained through torture: Sharif Hassan Ahmad Muhammad Hassan,
          Qasim Ibrahim Qasim Qutaish, Ahmad Ibrahim Abdul Galil Mustafa, Ala ed-Din
          Ismail Abbas Ramadhan.
          240. With the respect to the above, with the exception of the cases of
          Hanna Ali Farrag Abdul Karim and Amad Ibrahim Abdul Galil Mustafa, the
          Government subsequently informed the Special Rapporteur that the DPP had
          requested further details so that it could complete its investigations.
          241. In the following individual cases, investigations by the Government
          were said to be ongoing: Muhammad al-Sayyid Ahmad Said, Amir Hamdi Salim,
          Hisham Mubarak Hassan, Ahmad Ismail Mahmoud Salama, Adel Sayyid Qasim Shaaban,
          Amer Abdel Moneim Muhammad Ali, Muhammad Reshad Abdul Rahim al-Imam,
          Muhammad al-Sayyid al-Sayyid Hegazi, Muhammad Afifi Matar. The Government
          subsequently informed the Special Rapporteur that the DPP had heard statements
          from these persons, had referred them to the Department of Forensic Medicine
          for medical examination, and were continuing its investigations.
          Observations
          242. The Special Rapporteur appreciates the detailed replies he has received
          in respect of a number of cases. He nevertheless shares the concern of the
          Committee against Torture that “torture is apparently still widespread in
          Egypt” (A/49/44, para. 86; see also similar comments of the Human Rights
        
          
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          Committee; A/48/40, para. 707) . Even the number of cases in respect of which
          a court has considered evidence inadmissible because of duress is alarming, as
          is the absence of prosecution, conviction and appropriate sentence of those
          responsible for the duress. It is clear that interrogators have detainees at
          their mercy for too long a period and that this and the rarity of prosecutions
          and convictions must give them a sense of impunity. The tendency of the
          Government to treat each case separately, when torture in individual cases is
          notoriously difficult to prove, is an inadequate response to an apparently
          widespread practice. Serious and thoroughgoing general measures are required
          to bring the situation into conformity with Egyptian and international law.
          Despite the ferocious challenges that ruthless terrorism has posed for the
          Government, the Special Rapporteur joins the Committee against Torture in
          reminding the Government that torture can never be justified.
          El Salvador
          Information transmitted to the Government
          243. By letter dated 30 June 1994 the Special Rapporteur advised the
          Government that he had received information on the cases of alleged torture
          summarized in the following paragraphs.
          244. Yolanda del Carmen Espinosa Henriquez, a member of the trade union of
          the enterprise LIDO, was abducted on 3 February 1993 by armed men driving a
          pick-up with blacked-out windows. She was taken to the central National
          Police station in San Salvador, where she was reportedly locked in a cell and
          beaten. She was then allegedly forced to remain for several hours under a
          cold shower and was raped by two of her abducters and threatened with death.
          245. Wilber Alexander Morales Gômez, an 18-year-old Costa Rican, was
          arrested on 22 July 1993 by members of the San Salvador Municipal Police for
          failing to carry identity papers. While in transit to police headquarters,
          he was allegedly beaten repeatedly and this treatment continued at police
          headquarters. The following day his injuries were observed by a forensic
          physician. On 24 July he was reportedly taken to Rosales hospital and
          diagnosed as suffering from post-traumatic pancreatitis. Proceedings were
          said to be pending against four National Police officers for causing bodily
          injury.
          246. Rufino Flores Smnchez was arrested on 14 July 1993 in Soyapango by some
          six National Police officers, who accused him of not having a valid driving
          licence. When Mr. Flores protested, he was reportedly severely beaten. Two
          days later, he was examined by a doctor who noted bruises on the back of the
          head, thorax, left arm and both feet and abrasions extending from the mouth to
          the ears, and on the neck, thumbs, elbows and back. Mr. Flores lodged a
          complaint with the Soyapango magistrates' court, which sent an official letter
          to the local National Police chief requesting information regarding the
          officers. However, the National Police in Soyapango denied that members of
          the unit in question had been on patrol in the place and on the date
          indicated.
          247. Edwin Antonio Cebillas, Luis Abisal Rivas Gonzalez, Ronald Romeo Mediano
          and Guillermo Rivas Soriano were arrested on 23 October 1993 in the Popotlmn
        
          
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          district of Apopa by members of the National Police. Edwin Antonio Cebillas
          was allegedly beaten severely before arriving at police headquarters. Other
          detainees at the headquarters, urged on by the police officers, were said to
          have beaten the newcomers and burned them with molten plastic.
          248. Roberto Carlos VelIzquez Flores, an 18-year-old student, was arrested
          on 27 October 1993 in the San Emigdio Uno district of Apopa, San Salvador by
          members of the National Police, who accused him of theft. He was first taken
          to the Apopa police headquarters and later transferred to the local mayor's
          office where he was reportedly beaten and burned on the neck. A medical
          report noted the existence of various bruises, scratches and ecchymoses caused
          by a blunt instrument.
          249. Gregorio Menjia Espinoza, Secretary-General of the Tonacatepeque section
          of the Movimiento Popular Social Cristiano, was arrested on 23 May 1993 in the
          street in San Salvador by persons suspected of having links with government
          forces. He was taken to a detention centre that he was unable to identify, as
          he had been kept continuously blindfolded. He was allegedly beaten and burned
          with a metal object, resulting in multiple wounds to his chest. Threats were
          allegedly made to kill him and shots were fired at him.
          Equatorial Guinea
          Information transmitted to the Government
          250. By letter dated 21 October 1994 the Special Rapporteur advised the
          Government that he had received information indicating that persons detained
          by the authorities were frequently subjected to torture. Persons detained for
          political reasons were said to be particularly vulnerable to torture and
          ill-treatment.
          251. The Special Rapporteur informed the Government that he had received
          information on the cases summarized in the following paragraphs.
          252. Benjamin Balinga, the leader of the Partido Social Demôcrata (PSD),
          was arrested along with several other opposition leaders in January 1993 in
          Ebebiyin and allegedly beaten severely with truncheons on the soles of his
          feet. He was said to have been unable to walk for several weeks as a result
          of his ill-treatment.
          253. Gaspar Mba Oyono, Jesus Abeso Nguema, Efrén Osa Ovono, Elancio Esayong
          Arideme and Francisco Arideme Nguema, Uniôn Popular (UP) party members from the
          village of Andom Onvang, Nsok-Nsomo district, were arrested in late June 1993,
          in connection with a protest against the siting of a health post on a local
          football field. The arrest was said to have been carried out by the local
          representative of the central Government, the chief of police, the district
          coordinator of the ruling Partido DemocrItico de Guinea Equatorial (PDGE)
          and 10 soldiers. On the way to the prison in Nsok-Nsomo, the detainees were
          reportedly forced out of the cars, tied to trees and severely beaten. They
          were said to have sustained serious injuries, including fractures of the legs
          and arms. Gaspar Mba Oyono was reportedly so ill that he was released into
          the care of his family, who brought him to Ebebiyin hospital, where he died in
          July as a result of his injuries. The other four detainees were reportedly
        
          
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          held incommunicado in Nsok-Nsomo for two weeks, then taken to hospital in
          Bata, where they allegedly failed to receive appropriate medical treatment.
          They remained in hospital until September, when they were taken to Bata
          prison. They were released under an amnesty on 12 October, without having
          been charged with an offence.
          254. Laurentino Jesus Nsué and Federico Nsong Eyenga, industrial engineers
          working with the national electricity company, were reportedly arrested in
          early July 1993, accused of cutting the power supply in the area of Malabo
          before the President was about to make a speech. They were detained for over
          a week and allegedly severely beaten. Laurentino Jesus Nsué was said to have
          suffered a broken nose and multiple bruises. Federico Nsono Eyenga was
          allegedly beaten on the head, causing him to have convulsions and to spend
          several days in hospital.
          Follow-up to cases previously transmitted
          255. By the same letter the Special Rapporteur informed the Government that he
          had received new information concerning allegations previously transmitted to
          the Government.
          256. In an urgent appeal dated 3 September 1993, the Special Rapporteur
          communicated to the Government concerns regarding the situations of
          Francisco Engono Micué and José Ramôn Obamo, who were arrested in Bata
          on 31 August 1993. According to further information received by the Special
          Rapporteur, both detainees were ill-treated in custody before being released
          on 20 September 1993. Francisco Engono Micué was allegedly severely tortured
          and sustained serious injuries to his arms, feet, back and one eye. His
          arrest was said to have occurred three months after he had received threats
          from a senior government official in Bata that “something” might happen to him
          if his son, Father José Leis Engono, a Roman Catholic priest, did not stop
          criticizing the Government.
          257. In an urgent appeal dated 14 September 1993, the Special Rapporteur
          communicated to the Government allegations according to which Tobias Obiang
          Nguema was being tortured in police headquaters in Malabo. According to
          information subsequently received, Tobias Obiang Nguema and five
          co-defendants, Sergeants Jacinto Nculu, DImaso Ondô, and Miguel Ndjeng,
          Corporal Bonifacio Nsogo, and Private Lorenzo Nsué Ndong, were tried in secret
          by a military court in the barracks in which they were being held in Malabo
          between 30 September and 1 October 1993. According to eye-witness accounts
          all six defendants showed signs of torture during the trial. Jacinto Nculu
          allegedly was bruised all over his head, his wrists were broken, he was
          unstable on his feet, he had difficulty hearing what was being said and he was
          incoherent in his speech. Tobias Obiang Nguema was acquitted, while the other
          five defendants were convicted of conspiracy, incitement to rebellion and
          slandering and insulting the head of State and were sentenced to terms of
          imprisonment.
          Urgent appeals transmitted and replies received
          258. On 15 March 1994 the Special Rapporteur transmitted to the Government
          an urgent appeal on behalf of Norberto Mba Nze, a representative of the
        
          
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          Convergencia para la Democracia Social in Akonibe, who was detained
          on 28 February 1994 by a representative of the provincial governor. He was
          being held incommunicado at the police station where he was said to have been
          severely tortured, including by being beaten with a rifle butt and being
          forced to lie in the sun for hours. He was allegedly denied necessary medical
          assistance. On 27 May 1994 the Government informed the Special Rapporteur
          that Norberto Mba Nze during his detention had never been tortured or
          ill-treated.
          259. The Special Rapporteur transmitted another urgent appeal
          on 10 October 1994 on behalf of Indalecio Abuy, Indalecio Eko and TomIs Nzo,
          members of the Convergencia para la Democracia Social. They were reportedly
          arrested on 6 October 1994 around Niefang, Rio Muni, by a representative of
          the governor, the chief of police and several soldiers and police officers
          during a mission to gather information about the human rights situation in the
          region.
          260. The Special Rapporteur sent an urgent appeal on 28 November 1994 on
          behalf of Jorge Ondô Esono and Antonio Abogo, members of the Convergencia
          para la Democracia Social, who were arrested in Akonibe, Rio Muni, on
          19 November 1994 just before they were due to travel to Bata to attend a party
          converence. They were allegedly subjected every morning and evening to severe
          beatings of 50 strokes with one-metre-long rubber batons. In addition, Marcos
          Manuel Ngongo, who had travelled from Spain to participate in the conference,
          was reportedly detained on 23 November in Bata and it was feared that his
          health was in danger because he already suffered from a heart ailment.
          Ethiopia
          Urgent appeals
          261. The Special Rapporteur made six urgent appeals on behalf of the persons
          mentioned in the following paragraphs. The dates on which the appeals were
          transmitted appear in brackets at the end of the corresponding summaries.
          262. Elfinesh Kano, a professional singer, was detained on 31 December 1993
          with over 30 people mainly of the Oromo ethnic group following a demonstration
          at the court in Addis Ababa. She was taken with other demonstrators to
          Sendaf a Police College near Addis Ababa, where they were reportedly
          ill-treated and beaten. She was being held at Central prison in Addis Ababa.
          She was reportedly seriously ill as a result of beatings and denial of medical
          treatment and was in severe pain and able to walk only with difficulty
          (28 April 1994)
          263. On 6 June 1994 the Government replied that Elf mesh Kano had been
          arrested pursuant to a court order when she was found obstructing the proper
          functioning of the court. The court found that a song she had recorded was
          against the Penal Code of Ethiopia and she was ordered to stay in detention,
          but was released on bail on 27 April 1994 upon her appeal. During her
          detention all her rights were fully protected and respected and she never
          underwent any violation of the right to physical and mental integrity.
        
          
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          264. The following persons were arrested along with eight other members of
          the Ogaden National Liberation Front (ONLF) by government troops in Godey:
          Hassan Jirreh Kalinle, former President of the Regional Assembly of Region
          Five (the Ogaden) and ONLF member; Ahmed Ali Dahir, former Vice-President of
          the Regional Assembly and ONLF representative; Shukri Yasin, mayor of Godey;
          Jthdillahi Kalaas; and Hassan Mohamed Fara. Hassan Jirrih Kalinle and
          Ahmed Ali Dahir were reportedly transferred to Addis Ababa where they were
          being held incommunicado (20 May 1994)
          265. Omar Mohamed Soyaan, Hassan Mohamed Issaq, Jthdi Sheikh Omar, Bedel Abdi,
          Jthdifatar Sheikh Mahamoud, Osman Jthdi Hassan and Gabon Kenadid, reportedly
          members of the ONLF, were arrested by soldiers in May 1994 and detained in
          Kebri Dahar. Mirad Leli Sigale, mayor of Godey, who was arrested with them,
          was allegedly killed in detention a few days after the arrest. Fears were
          expressed for the safety of those persons still detained (26 August 1994)
          266. The following persons were among hundreds arrested at a demonstration
          at the Central High Court in Addis Ababa on 20 September 1994: Yodit (Judith)
          Imru, former ambassador and sister of former Prime Minister Ras Michael Imru;
          Hirut (Ruth) Imru and Mammie Imru, sisters of Ras Michael Imru;
          Amarech Mengistu, United Nations employee (Economic Commission for Africa)
          Almas Haile-Mariam, official of the All-Amhara People's Organization (AAPO);
          Beletshachew Girma, the wife of a former AAPO official; Telela Kebede, a
          popular female singer; Fitwari Mammo Beshie; Fitwari Gebre-Hiwot
          Wolde-Hawariat, a former prisoner aged 70; Abate Agide, former ambassador;
          and Firesew Feleke, official of the opposition National Democratic Union and
          former prisoner. The demonstration was said to have been convened in support
          of Professor Asrat Woldeyes, Chairman of the AAPO who was serving a prison
          sentence and was on trial for another charge. The detainees were reportedly
          being held incommunicado in Sendafa Police College near Addis Ababa and had
          not been taken to court within the legally prescribed 48-hour period
          (26 September 1994)
          267. On 12 December 1994 the Government replied that the above-named persons
          had been released on bail after a brief detention for participation in an
          illegal demonstration.
          268. Lemma Sidamo, acting Vice-Chairman of the Sidama Liberation
          Movement (SLM), was arrested by soldiers at his home in Addis Ababa
          on 22 September 1994 and was not taken to court within the prescribed 48-hour
          time-limit. It was reported that he may have been taken to Awassa, the
          capital of the Sidama region (4 October 1994)
          269. Mend Abebe, Chairman of the opposition Omo People's Democratic Union
          (OPDU) , was arrested in Addis Ababa on 18 October 1994 and taken in custody to
          Jinka, the Omo region's capital. He was reportedly accused by the authorities
          of activities against the Transitional Charter, but the specific reasons for
          his arrests were unknown. Mend Abebe; Girma Bekelle, OPDU Vice-Chairman and
          an agriculture official; Dagne Belachaw; and Wessenu Gebeyehu, an Ethiopian
          Red Cross employee, were among 17 OPDU members arrested in Jinka in the last
          four weeks and detained without charge or trial. Some were allegedly tortured
          or ill-treated (21 October 1994)
        
          
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          France
          Information transmitted to the Government
          270. By letter dated 23 August 1994 the Special Rapporteur advised the
          Government that he had received information concerning Rachid Harfouche,
          a French national of Algerian descent. He was stopped by police
          on 10 December 1993 for an identity check at his flat in Noisy-le-Sec and was
          allegedly handcuffed behind the back, beaten with truncheons and dragged down
          the stairs. A blow to his thorax caused him to vomit. The police then
          cleared the hallway with tear gas after family and neighbours attempted to
          intervene. Outside, the officers allegedly kicked and beat him as he lay
          face-down on the ground. A doctor examined him the next day and issued a
          medical certificate after treatment in hospital which reportedly described a
          fractured nose and multiple injuries to his throat, chest, back, buttocks
          and wrists.
          271. The Special Rapporteur transmitted a subsequent letter
          on 11 November 1994 advising the Government that he had received information
          indicating that police had tortured or ill-treated persons detained during
          street demonstrations in Paris in April 1993 launched in protest against the
          death in police custody of Makomé M'Bowole. The Special Rapporteur also
          transmitted the individual cases summarized in the following paragraphs.
          272. Philippe Gibes and Salim Hadjadj were arrested on 7 April 1993 during
          the course of a demonstration in the 18th arrondissement that they witnessed
          but in which they reportedly did not participate. Philippe Gibes was
          allegedly punched and kicked by four or five plainclothes police and beaten
          with a truncheon by one of them. Salim Hadjadj was allegedly beaten
          repeatedly until he lost consciousness and was subjected to racist insults.
          They were taken to Goutte d'Or police station where the ill-treatment was said
          to continue. A duty doctor ordered Salim Hadjadj to be taken to emergency
          services.
          273. Yves Zaparucha took part in the 7 April demonstration and upon returning
          home was detained by uniformed police officers, who allegedly kicked and
          punched him and beat him with truncheons. After he had urinated blood at the
          Grandes-Carrières police station, he was transferred to hospital where he
          remained until 13 April.
          274. Philippe Lescaffette took part in the 7 April demonstration, during
          which police officers armed with clubs allegedly threw him to the ground and
          beat him. As a result, he received 24 stitches for facial injuries.
          275. Thomas Darnal was arrested on 8 April 1993, allegedly thrown to the
          ground, kicked and repeatedly hit with truncheons, after which he was taken
          to the Mont-Cenis police station, beaten again and subjected to racist
          remarks. He was then transferred to Goutte d'Or police station where a
          plainclothes officer allegedly punched him in the testicles. He was later
          admitted to hospital where a medical certificate recorded that he had received
          four stitches to his eyebrow and a serious injury to his left hand.
        
          
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          276. The Special Rapporteur also received reports of ill-treatment by
          police at a demonstration in Bordeaux on 17 March 1994 in protest against a
          decree concerning minimum wage rates for young professionals. Jean Fuchs was
          arrested by two plainclothes officers and was allegedly kicked and punched
          in the mouth, which resulted in injuries to his nose and a broken tooth.
          Didier Loroche was reportedly stopped by two plainclothes officers who
          handed him over to the custody of the “intervention squads” (brigades
          d'intervention), who allegedly punched, kicked and beat him with a truncheon.
          A medical certificate noted a broken nose and various injuries to his eyes,
          chest, knees and thighs.
          277. The Special Rapporteur also informed the Government that he had received
          reports according to which persons subjected to identity checks for the
          purpose of determining immigration status were sometimes subjected to
          ill-treatment.
          278. Tameem Taqi, a French national and son of a former Bahraini diplomat,
          had his identity papers checked by police in a restaurant on 29 June 1993
          after the police had been called over a dispute involving the bill. The
          dispute was settled, but after leaving the restaurant, Tameem Taqi was
          stopped by the same police officers and allegedly kicked, punched and beaten
          with truncheons. He was taken to hospital and the next day was seen by the
          prosecutor, who reportedly extended his custody and took no action to
          investigate his injuries. He filed a civil complaint against the officers for
          torture and the prosecutor for illegal arrest. Four police officers were said
          to have been indicted and a sergeant was remanded in custody for assault and
          battery.
          279. Moufida Ksouri, a French national of Tunisian origin, was reportedly
          raped by two Italian police officers in the course of an identity check upon
          crossing the border at Menton-Ventimiglia into France on 15 July 1993. The
          officers then took her to the French border post, where a French police
          corporal allegedly assaulted her and forced her to have sexual relations with
          him in the toilets of the post. Another officer on duty at the post was said
          not to have participated in the assault. A French magistrate subsequently
          indicted both French police officers on charges of indecent behaviour. One
          officer was remanded in custody and the other was freed under judicial
          control. The two Italian officers were indicted and convicted by a court in
          San Remo. The investigation in France was reportedly still ongoing.
          280. Pierre Kongo, a doctor from the Central African Republic, was reportedly
          stopped by two railway officers asking to see his ticket at the Gare du Nord
          in Paris on 15 February 1994. After informing them that he did not have a
          ticket because he was waiting for a friend, a police officer asked for his
          identity papers and he showed his Central African Republic passport. He was
          then allegedly pushed down the stairs leading to the rail offices, handcuffed
          and punched. He was hospitalized and a medical certificate was said to have
          recorded a fracture to his right eye-socket.
          281. The Special Rapporteur also transmitted the cases summarized in the
          following paragraphs.
        
          
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          282. David Creygolles was arrested in Carcassonne on 10 February 1993 on
          suspected involvement in a drugs ring. He was held in detention by the
          Judicial Police, during which he was allegedly kept naked, threatened
          sexually, beaten around the ears, punched in the stomach and hit in the
          genitals with the wooden stem of a pipe used for smoking drugs. A medical
          examination was said to have confirmed the existence of injuries consistent
          with his complaint. On 10 February 1994, the Chambre d'accusation in
          Montpelier reportedly ordered that two officers of the Judicial Police who
          had interrogated David Creygolles be suspended.
          283. José Etienne attempted to cross a main road without due care while
          intoxicated on 22 June 1993, whereupon he was reportedly stopped by uniformed
          officers in their car. One of the officers reportedly made a racist remark,
          to which José Etienne took offence. As a result, he was arrested and placed
          in the police vehicle and the officer who had insulted him allegedly pulled
          his hair and slapped him. He was taken to hospital for a blood test, and on
          the way back to the police station the same officer allegedly punched him,
          placed the barrel of a gun against his temple and threatened him using abusive
          and racist language. The next day a medical examination disclosed the
          presence of multiple contusions on his arms, elbow, left shoulder blade and
          right wrist. On 25 June he made an official complaint and an investigation
          was opened.
          284. Benoit Fustier, an 18-year-old Corsican and member of the nationalist
          youth group A Conculta Ghjuventü , was arrested in Bastia on the night
          of 20 January 1994 and taken to the police station where he was charged with
          insulting an officer of the Compagnie républicaine de sécurité (CR5) . He was
          allegedly slapped and punched, including in the region of the liver. After
          vomiting blood, he was transferred to hospital. He suffered from intense
          stomach pain, nausea, vertigo, headaches, a broken tooth and blood in the
          stool. He spent three days in hospital and on 31 January made a judicial
          complaint alleging assault and battery. An investigation was said to have
          been opened by the Public Prosecutor attached to the court in Bastia.
          285. Abdelkader Slimani, a 16-year-old French citizen of Algerian descent,
          was stopped on 16 May 1994 by two police officers on motorbikes while riding
          his scooter near his home in Torcy. When he did not have his insurance papers
          in his possession, he was ordered to accompany the officers to the police
          station. He attempted to escape on his scooter but he fell off and then fled
          on foot. The police caught up with him and allegedly threw him to the ground
          and severely beat him, stopping only after a crowd had gathered. He was taken
          to hospital and on 17 May he reportedly underwent an operation to his
          peritoneum following a rupture to his small intestine. His parents were said
          to have made an official complaint of assault and battery to the court.
          Georgia
          Information transmitted to the Government
          286. By letter dated 15 September the Special Rapporteur informed the
          Government that he had received reports concerning 19 alleged supporters of
          deposed former President Zviad Gamsakhurdia whose cases had been united into a
          single criminal case. According to the information, most of the men, arrested
        
          
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          between May and October 1992 on a variety of charges, had allegedly been
          tortured subsequent to arrest and during interrogation. The Special
          Rapporteur received information on the following individual situations:
          287. Zurab Bardzimashvili, who before his detention suffered from epilepsy and
          wore braces on his right arm and leg, reportedly stabbed himself in the chest
          in a suicide attempt when officials surrounded his house in Tbilisi to arrest
          him on 5 October 1992. On the third day following his arrest the police came
          to the hospital where he had undergone an operation and allegedly kicked him
          in the chest where his wound was located. During his subsequent detention, he
          was allegedly subjected to torture by having needles placed in his leg and
          being kicked in the stomach. He was said to have sustained scars on his neck
          and on the calves of his legs. On 6 August 1994, during the trial, he began a
          dry hunger strike. A doctor visiting him in mid-August reported that he was
          unable to stand, his weight was low, and he demonstrated irregular breathing,
          a weak and arhythmic pulse, and a tremor of the arms and legs. Although he
          was moved to hospital in mid-August, he was said to have been returned to his
          cell in late August despite remaining in serious medical condition. His dry
          hunger strike was reportedly continuing.
          288. Tamara Bardzimashvili, the daughter of Zurab Bardzimashvili, not herself
          a defendant in the case, was arrested by officers of the Information
          Intelligence Directorate on 7 October 1992. Officials allegedly demanded that
          she appear on television to condemn her father and other alleged supporters of
          former President Gamsakhurdia. After she refused, the officers allegedly beat
          her, hitting her three times in the chest and stomach and causing her to
          bleed. She was released the next morning and was warned that physical
          retribution would result if she told anybody about her ill-treatment.
          289. Viktor Domukhovskii and Petre Gelbakhiani were reportedly abducted in
          Baky, Azerbaijan, on 6 April 1992, blindfolded and placed on an aircraft to
          Tbilisi. In the course of their transport they were allegedly severely
          beaten. Viktor Domukhovskii was said to have had his nose and teeth broken
          and sustained multiple bruises, while Petre Gelbakhiani sustained bruises and
          scars on his face. Viktor Domukhovskii was allegedly beaten severely again in
          early August 1994 during the trial period because he refused to give to
          police officers notes that he had compiled on the trial and as a result had
          difficulty standing at a subsequent court appearance. He was allegedly beaten
          again on 13 August by special militia forces (OMON) . A cardiogram by an
          independent doctor reportedly revealed on 6 September that he had suffered a
          heart dystrophy.
          290. Irakli Dokvadze was arrested on 4 September 1992 in Khvareli and at a
          police lock-up was allegedly beaten with rubber clubs, beaten on the soles
          of his feet, had his nose broken, and lost consciousness. He was later
          reportedly forced to make a video to air on television, for which make-up was
          used to conceal his broken nose. Over the course of two months he was
          allegedly subjected to repeated beatings. His children were reportedly
          brought into the detention centre, whereupon the inspector allegedly said,
          “If you want them to live, sign [ a statement] .“ Threats were also made to
          throw a grenade into his house.
        
          
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          291. Zaza Tsiklauri was arrested on 7 August 1992 in Tbilisi and at the KGB
          building was allegedly beaten with fists and clubs, kicked, held upside down
          and beaten on the soles of his feet and on his head, causing him to lose
          consciousness. During a subsequent interrogation he allegedly had boiling
          water poured down the right side of his neck and back in order to get him to
          sign a statement. He was then reportedly forced to wear a shirt and heavy
          jacket against his burned skin and put in solitary confinement for a month.
          He was said to be running a high fever due to tuberculosis. A criminal
          investigation into the torture allegations was instituted but then dropped
          after he declined to testify for fear of his family's safety. The torture
          charges were said to have prompted the Chairman of the Information
          Intelligence Bureau to announce his intention to resign; however, the
          resignation did not occur.
          292. Gedevan Gelbakhiani, a doctor in his sixties, was reportedly arrested
          in October 1992 in Tbilisi and brought to the Deputy Minister of Internal
          Affairs, whereupon members of the paramilitary group known as the “Mkhedrioni”
          allegedly beat him and knocked out two teeth. During detention from
          October 1992 to February 1993 he was woken up during the night repeatedly for
          beatings. Following particularly severe beatings on 4 to 6 February, he
          allegedly suffered permanent loss of hearing in his right ear and some loss of
          sight in his right eye. In 1994 he was held in a small hospital attached to
          the Tbilisi pre-trial detention facility, where doctors were said to approve
          interrogation sessions despite his poor medical condition.
          293. Zurab Gogichashvili was reportedly detained by the militia of the Gldan
          region of Tbilisi on weapons possession charges. Upon denying the charges, he
          was allegedly subjected to torture and beatings, resulting in health problems,
          including damage to his lungs and decreased hearing.
          294. Givi Kalmakhelidze was arrested and taken to the municipal police station
          of the Ministry of Internal Affairs of the City of Tbilisi and taken to
          Investigation Cell No. 1, where he was allegedly subjected to beatings.
          295. Teimuraz Kapanadze was arrested in Tbilisi and allegedly beaten
          constantly during detention in the lock-up of the municipal militia
          from S to 16 October 1992.
          296. By a subsequent letter dated 30 September 1994 the Special Rapporteur
          advised the Government that he had received information indicating that
          Irakli Gotsiridze, a newspaper editor over 70 years of age, had been arrested
          on 3 October 1993 after he had gone to a police station in Tbilisi to complain
          about the detention of two colleagues. He was allegedly beaten by members of
          the paramilitary or armed forces and as a result suffered fractured ribs. He
          was held for 36 days during which he was said to have been denied adequate
          medical care.
          297. The Special Rapporteur also transmitted the case of Tamaz Kaladze, who
          was detained on 13 October 1993 by members of the paramilitary or armed forces
          after organizing a petition drive calling for the resignation of the Chairman
          of the Georgian Parliament. He was allegedly beaten, including around the
          head and on the balls of his feet, given electric shocks and had a plastic bag
          held over his head. He was said to have been released after 38 days.
        
          
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          Urgent appeals
          298. The Special Rapporteur sent an urgent appeal on 20 July 1994 on behalf
          of Zaza Tsiklauri, whose case is summarized above. While undergoing treatment
          in hospital following a 30-day hunger strike, he was allegedly transferred
          back to prison as punishment for an unauthorized meeting with human rights
          activists in the hospital. Fears were expressed that the transfer had
          occurred despite a lack of improvement in his medical condition.
          299. Another urgent appeal was transmitted on 19 August 1994 on behalf
          of Viktor Domukhovskii, Mamuka Danelia and Zurab Bardzimashvili, who
          were at risk of ill-treatment or lack of appropriate medical care.
          Viktor Domukhovskii was unable to stand in court due to beatings by police
          in his cell. Zurab Bardzimashvili was on a dry hunger strike since 6 August
          but had not been transferred from prison to hospital. Mamuka Danelia suffered
          from a deteriorating pre-existing condition in connection with head injuries.
          Observations
          300. While the allegations were well documented and, taken together, gave
          grounds for serious concern, the Special Rapporteur is conscious of the fact
          the above cases are the first transmitted to the Government and that the
          Government has had only had limited time to carry out the relevant inquiries.
          Accordingly, he will refrain from making concluding observations in the
          present report.
          Germany
          Information transmitted to the Government and replies received
          301. By letter dated 20 April 1994 the Special Rapporteur advised the
          Government of allegations he had received regarding Abdulkerim Balikci, a
          Turkish citizen who had been residing in Germany for three years. He was
          arrested on 3 August 1993 in the Charlottenburg district of Berlin by
          policemen who requested his identity documents. After informing the policemen
          that he did not have the documents in his possession, he was allegedly pushed
          against a wall and handcuffed on the wrist. He tried to struggle free, but
          was allegedly pushed to the ground, strangled and kicked on the side of the
          head. He was then beaten around the head and right shoulder in a vehicle on
          the way to the Bismarckstrasse police station. At the station, his nose began
          to bleed heavily, he was asked if he needed a doctor and although he replied
          in the affirmative, no doctor ever arrived. He was released a few hours later
          and visited his own doctor, who reportedly identified the following injuries:
          multiple bruising of the face, left elbow, both wrists, right knee, chest and
          lower back; multiple abrasions to the right cheek and eyebrow as well as to
          the right knee; and bruising caused by strangulation.
          302. On 30 August 1994 the Government replied that two plainclothes officers
          had requested identification from Mr. Balikci after an observer who believed
          him to appear suspicious had called the police. He had tried to escape, but
          was prevented from doing so by the officers and in the ensuing tussle they
          fell to the ground. He continued to try to tear himself free and escape and
          additional police who arrived on the scene got Mr. Balikci into a police car.
        
          
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          The charges Mr. Balikci made against the police officers were not confirmed by
          investigations undertaken by the public prosecutor's office at Berlin Regional
          Court and in accordance with the Code of Criminal Procedure the investigation
          was discontinued.
          Guatemala
          Urgent appeals
          303. The Special Rapporteur transmitted three urgent appeals to the Government
          described in the following paragraphs. The dates on which the appeals were
          transmitted appear in brackets after the corresponding summaries.
          304. Gilberto Moral Caal, a trade unionist, was reportedly arrested
          around 5 April 1994 by members of the army during a wave of arrests in the
          town of San Cristobal Verapaz, in the department of Alta Verapaz. He was
          taken to the area 21 military post. A person who had been detained a few days
          earlier under similar circumstances, Jorge Alberto Caal, was reported to have
          been severely tortured (15 April 1994)
          305. Arturo Federico Méndez Ortiz and Alfonso Morales Jiménez, members of
          the Peasants' Unity Committee (CUC) , were arrested on 22 April 1994 by members
          of the national police in the municipality of Huehuetenango. They were
          reportedly accused of the murder of a local leader of the Civilian
          Self-Defence Patrols (PAC) , although no firm evidence had been submitted in
          that regard. Mr. Morales Jiménez was allegedly tied to a post and beaten at
          the time of his arrest (5 May 1994)
          306. Victor Chavac Puluc, José Rosa Morales Secaida, Luis Estuardo Garcia,
          Luis Alf redo Véliz VIzquez, Fredy Armando Herrera Castillo, Mario Elmer Sosa,
          Edin Pedroza Gatica, William René Bor Tacatic and Rigoberto Yoc were allegedly
          forcibly recruited by the armed forces in the town of San Juan Sacatépequez,
          department of Guatemala. Following a habeas corpus petition by family
          members, they appeared before a municipal judge on 18 June 1994 in the
          Cuartel General General Mariscal Zabala. They were being kept in detention
          and allegedly immersed for hours in water and made to perform gruelling
          physical exercises to force them to declare that they had enlisted in the army
          voluntarily (24 June 1994)
          Haiti
          Urgent appeals
          307. The Special Rapporteur made six urgent appeals to the de facto Government
          on behalf of the persons mentioned in the following paragraphs. The dates on
          which the appeals were transmitted appear in brackets at the end of the
          corresponding summaries.
          308. Members of the security forces and attaches , reportedly looking for a
          certain Amio Metayer in the Raboteau district, Gonalves, searched several
          houses and severely beat the following persons, including a number of
          children: Elysia Pierre, Innocent Jeanty, Tamar Jeanty, Anize Jeanty
          (aged 10) , Anièze Jeanty (aged 10), Mirlène Jeanty (aged 8) , Michèle Jeanty,
        
          
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          Jthne-Rose Jeanty (aged 8), Talicienne Dazme, Wilfram Jeanty (aged 6)
          Lumène Dazme, Lucienne Dazme (aged 14) , Charlisma Dazme, Dary Calixte
          (aged 12) , Jocelyne Jeanty (aged 4) , Gracita Canel (aged 8) , Thérèse Jeanty
          (aged 15) , Kesny Sylvestre (aged 5) , Junior Menard (aged 2) , Lizina Laudius
          (aged 11) , Almerida Chery, Evens Joseph (aged 12), Raymonde Metayer,
          Francklin Joseph (aged 10) , Fritz Joseph, Frislène Joseph , Linda Joseph,
          Evallière Bornelus, Raymonde Joseph (pregnant), Louisinia Jean, Amio Metayer,
          and Ketteline Cezalien. In recent months, other incidents were reported in
          which the armed forces made arrests without a warrant in Raboteau and
          subjected the detainees to ill-treatment. In those circumstances, fears were
          expressed about torture or ill-treatment to which the inhabitants of this
          district might again be subjected (27 January 1994)
          309. The following persons were among a group of 141 reportedly intercepted
          at sea by United States coastguard patrols while trying to sail to the
          United States from Port-de-Paix: Selm Dieucet, Enalio Laurelus,
          Philocles Frederick, Odonel Pierre, Presandor Pierre, Georges François,
          Selon Laurent, Micilien Petit, and Smith St. Fort. They were repatriated
          on 26 February 1994 to Port-au-Prince where, on arrival, they were allegedly
          arrested by members of the armed forces (11 March 1994)
          310. Jean François Moliere, a member of the Komité Inisyativ Kont Represyon
          nan Pon Sonde (KIREPS), was reportedly arrested by military personnel
          on 24 March 1994 at St. Marc, department of Artibonite, and charged with
          possession of a firearm belonging to a military attaché. The weapon, however,
          had reportedly been handed over by members of KIREPS to the authorities in
          Port-au-Prince. Mr. Moliere was being detained at the military barracks in
          St. Marc, where he allegedly had been tortured and refused all medical
          treatment (8 April 1994)
          311. Belizaire Fils-Aimé, a magistrate and member of the National Front for
          Change and Democracy (FNCD) , was reportedly arrested on 10 April 1994 by
          members of the armed forces at his home in Le Borgne, Nord department, along
          with his wife, Janide François, his father-in-law, Mr. Talleyrand François,
          his mother-in-law, Mrs. Talleyrand François, his aunt, Florvil Saintvil, and
          five other persons. Mr. Belizaire Fils-Aimé was taken to Limbé barracks and
          allegedly beaten so severely that he required urgent medical attention. The
          other persons were detained in Le Borgne barracks and fears were expressed
          that they might also be subjected to torture or ill-treatment (19 April 1994)
          312. Balaguer Metayer, aged 17, was reportedly arrested at Raboteau
          on 20 November 1993 and kept in prison at Gonalves. He had allegedly been
          refused all contact with his family and lawyer, had been severely beaten and
          had received no treatment for his injuries (26 April 1994)
          313. Gardy le Blanc, a member of the Organization for the Defence of the
          Interests of Nippes, was reportedly arrested by soldiers on 17 August 1994 at
          his house in Miragoane, Grande-Anse department. He was said to have been
          taken to the military barracks and beaten in detention (23 August 1994)
        
          
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          Observations
          314. The Special Rapporteur hopes that, with the return of the de lure
          Government, the hitherto endemic problem of torture in Haiti will become a
          thing of the past. It will be incumbent on the Government to ensure that
          there is a full investigation of the practice of torture, that those
          responsible are identified and brought to justice and that reparation
          involving fair and adequate compensation, including the means for as full a
          rehabilitation as possible, is afforded the victims of torture.
          Hungary
          Information transmitted to the Government
          315. By letter dated 20 April 1994 the Special Rapporteur advised the
          Government that he had received information according to which dozens of Roma
          were ill-treated on 21 May 1993 in Orkény when a group of police officers
          searched houses after a German national had been robbed in a nearby motel.
          Police were said to have used force indiscriminately, beating and spraying the
          Roma neighbourhood with tear-gas. The following individuals were among those
          injured in the incident:
          316. Lakatos LIszlôné was allegedly beaten and had tear gas sprayed in her
          face, as a result of which she fainted and was taken to hospital.
          317. Fehér Péterné, five months pregnant, was allegedly beaten and sprayed
          with tear gas. She later required medical treatment for injuries suffered as
          a result of the ill-treatment and lost her child.
          318. Radics Krisztimn, aged 13, was reportedly taken to the police station in
          Dabas and locked in a cell from 9 p.m. until 1.30 a.m., when his mother found
          him unconscious, allegedly as a result of beatings by the police. The bruises
          on his body were described in a medical certificate issued after the incident.
          319. The Special Rapporteur also informed the Government of allegations he
          had received in the case of Mohammed Radwan, a Jordanian national arrested
          on 14 October 1993 in Budapest on illegal substance charges. Police allegedly
          pulled a hood over his head, pushed him against a police car and kicked and
          beat him. He was taken to hospital the next evening and had to undergo an
          operation for the removal of his ruptured right testicle.
          320. The Special Rapporteur also sent information alleging frequent
          ill-treatment of foreign nationals in the Kerepestarcsa detention camp near
          Budapest, where they were held while pending deportation or processing of
          their asylum applications. On 17 April 1992, Kennedy Martins Anukam, a
          Nigerian, was brought by the Budapest police to the camp, despite the fact
          that he had a valid Hungarian work permit. He was allegedly taken the next
          day from the dormitory by two police officers to a room where he was beaten
          with truncheons and planks and kicked until he lost consciousness.
          321. Finally, the Special Rapporteur transmitted the following cases of
          alleged ill-treatment inflicted on persons of foreign origin in the
          5th district police station in Budapest:
        
          
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          (a) Masri All Maher was arrested at Vaci utca on 30 December 1992 and
          allegedly severely beaten by several officers at the police station. He was
          then taken to another room where other detainees were held and told to take
          his clothes off. He was ridiculed and then told to squat, whereupon the
          officers kicked him repeatedly and made him fall on his back. As a result of
          the beatings, he allegedly sustained a fracture of the metacarpal bone in his
          right hand as well as contusions on his back and chest;
          (b) Ussama Khaled Awad was arrested on 31 December 1992 at Vaci utca.
          At the police station he was allegedly threatened with a pistol and severely
          beaten by four officers for an hour, after which he was released. He was said
          to have received medical treatment at a hospital for contusions on his chest,
          right thigh and right forearm.
          India
          Information transmitted to the Government and replies received thereon
          322. By letter dated 28 June 1994 the Special Rapporteur informed the
          Government that he had received reports alleging that custodial torture was
          practised by the police in many regions of India. The reports suggested that
          torture was primarily employed to extract confessions or other information
          from criminal suspects. In some cases, police officials were said to practise
          torture as an extra-legal method of inflicting punishment. A substantial
          number of incidents of torture allegedly ended with the death of the victim.
          323. The reports also indicated that police officials had employed a wide
          variety of torture techniques, including prolonged and repeated beatings,
          often with canes and leather straps; electric shock, applied to the victim's
          genitals, head, ears and legs; deprivation of food and water; tying the
          victim's hands behind the back and suspending the victim from the ceiling by
          the legs; the stretching of limbs, including pulling the victim's legs far
          apart so as to cause pelvic injury; and exposing the victim while naked to
          extreme heat or cold.
          324. The cases summarized in the following paragraphs were transmitted to the
          Government. On 23 November 1994 the Government replied to some of these cases
          and those responses are summarized below following the corresponding
          allegation.
          325. Sherpal, a resident of Rohina Singhpur village, Akrabad district,
          Aligarh, Uttar Pradesh, his wife Kamlesh, and his 80-year-old father
          Ram Chander were arrested by police on 4 February 1994 and beaten. Kamlesh
          was released on the same day, while Ram Chander allegedly was subjected to
          three weeks of interrogation accompanied by repeated beatings. When Kamlesh
          returned to the police station on 1 March to obtain the release of Sherpal,
          she observed that he had suffered severe head injuries. She was told that he
          would appear in court, but police at Avagarh subsequently told Kamlesh that
          her husband had escaped, although such escape seemed improbable considering
          the extent of his injuries. He was said to have been “disappeared”.
          326. On 23 November 1994 the Government replied that following the filing of a
          habeas corpus petition in the Supreme Court by Ram Chander alleging torture of
        
          
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          himself and Sherpal and the possible murder of Sherpal, the Supreme Court
          ordered that Sherpal be produced. Sherpal was produced in the Court on
          18 May 1994, the station house officers concerned were found prima facie to be
          guilty of offences under sections 344 and 300 of the Indian Penal Code, and
          orders were issued for prosecution and departmental action against them. The
          Deputy Superintendent of Police was found guilty of lack of supervision and
          was censured.
          327. Udayan, from Kalladikode village, Palakkad district, Kerala, was arrested
          on 19 January 1994 and taken to Mannarghat police station. He reportedly told
          his brothers who visited him the following morning that he had been severely
          tortured. When the brothers returned three hours later to the station, they
          were told that he had hanged himself using his lungi. Kerala civil liberties
          organizations investigating the incident determined that it would have been
          impossible under the circumstances for Udayan to have hanged himself.
          328. Pochamma, a tribal girl from Mehangar village, Andhra Pradesh,
          was allegedly slapped in the face by police and taken into custody in
          Pochampally, Nalgonda district, on 13 September 1993. She died in hospital
          on 17 September 1993, reportedly as a result of police torture in detention.
          The Government informed the Special Rapporteur that an inquiry was in
          progress.
          329. Khader Baba died in police custody in Khaman district, Jthdhra Pradesh,
          on 17 September 1993. His body was said to have been riddled with marks
          indicating severe injury and two of his ribs were fractured. The Government
          stated that a judicial inquiry was in progress and that the concerned
          sub-inspector of police and police constable had been suspended pending the
          outcome.
          330. The Special Rapporteur also informed the Government of reports he had
          received indicating that the risk of torture to those taken into the custody
          of police or security forces appeared particularly grave for persons detained
          for political reasons. The authorities were said to use torture techniques
          to extract information or to facilitate counter-insurgency operations,
          particularly in the regions of Punjab and Jammu and Kashmir. Another alleged
          goal of such techniques was to discourage the population from supporting
          opposition political groups.
          331. Kanwar Singh Dhami, a leader of the Sikh separatist organization AKAL,
          speaking on 29 March 1994 at a press conference in Chandigarh, Punjab,
          arranged by the Director of Police to allow him publicly to surrender, alleged
          that he, his pregnant wife Kuldip Kaur, and their six-year-old son were held
          in illegal and unacknowledged detention for 10 months and tortured in each
          other's presence. Limping at the press conference, he was said to have
          alleged that the authorities had threatened to kill his family and expressed
          fears that they would do so.
          332. Noodin Chaudry, from Jumagandh village, Kupwara, was arrested at his home
          on 6 February 1993 by soldiers belonging to the Madras 25th regiment. He was
          detained for six days, during which time he allegedly was severely beaten and
          deprived of food.
        
          
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          333. Mohamed Hanif, from Jumagandh village, Kupwara, was arrested at his home
          on 18 February 1993 by soldiers of the Madras 25th regiment. For four days he
          was allegedly subjected to beatings, suspended from the ceiling and made to
          lie on blocks of ice.
          334. The Special Rapporteur further transmitted information according to
          which the practice of custodial rape by members of the police and security
          forces occurred with frequency. In areas of internal conflict and
          disturbances, particularly in Jammu and Kashmir, the practice was reported to
          be systematic. In such a context, the impetus for custodial rape appeared to
          stem from political and strategic considerations, whereby pacification was
          sought through the intimidation and degradation of the target population.
          Rape was also allegedly used as a means of collective punishment, as when
          the mass detention of males in a community was preceded by multiple rapes of
          their spouses during house-to-house searches. While India had codified
          proscriptions against rape in its penal law, including that against custodial
          rape in the 1983 Criminal Law (Amendment) Act, allegations of rape against
          members of the police or security forces reportedly seldom resulted in
          prosecutions or convictions.
          335. The Special Rapporteur informed the Government that he had received
          allegations of rape in the cases described in the following paragraphs.
          336. Vijaya, aged 17, from Athiur village in the South Arcot district of
          Tamil Nadu, was taken to Pondicherry police station on 29 July 1993 for
          questioning related to allegations against her brother, whereupon she was
          allegedly raped by five police constables in a cattle shed. The Sub-Inspector
          at the local Ananthapuram police station was said to have refused to register
          a rape complaint. Her complaint was registered 15 days after the alleged
          incident in response to persistent appeals. No medical examination was
          conducted until 17 days after the incident, by which time it was too late to
          make a definitive medical determination as to whether rape had occurred.
          337. Sara, wife of Mohammad Rajab Ganai, was reportedly raped and killed by
          members of the security forces on 22 November 1993 in Warapora, Sopore,
          Jammu and Kashmir. Witnesses reported that while her husband was away, Sara
          was approached by five soldiers and that the soldiers returned to her home
          later in the day. Residents later discovered her body with clothes torn off
          and numerous marks indicative of violent rape. A post-mortem report was said
          to have revealed an extensive vaginal tear and concluded that death was due to
          asphyxiation from strangulation. According to the Government, in the course
          of police investigations no clue had been found regarding the cause of death
          of Sara and the case had therefore been closed.
          338. Sabita was one of 9 to 20 women allegedly gang-raped at gunpoint by
          police in front of children and relatives on 27 October 1993 in a Scheduled
          Caste village in Jagasinghpur, Orissa. The women had taken refuge in the
          house after an altercation the previous day in the course of a police
          operation aimed at making arrests in connection with a land dispute. The
          National Commission of Women reportedly conducted an investigation and
          concluded that the policemen had committed rape and the Chief Minister of
          Orissa on 12 November 1993 reportedly ordered an inquiry into the incident.
        
          
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          339. The Special Rapporteur sent an additional letter on 10 October 1994
          advising the Government he had continued to receive information according to
          which torture by the police, the paramilitary and the army was pervasive in
          each of the 25 States of India. A significant number of detained persons were
          said to have died as a result of police torture, most of them criminal
          suspects who had been tortured in order to extract confessions or other
          information. Torture was also said to have been employed in order to carry
          out “instant punishment” as a surrogate for judicially imposed punishment,
          which was commonly perceived by many police officers as cumbersome and
          ineffective. A further alleged motive for torture was to secure bribes. The
          information indicated a high incidence of cover-ups with regard to torture
          cases involving senior police, State officials, magistrates, and members of
          the medical profession.
          340. Redress by torture victims or their families was reported to be difficult
          to obtain, as in most cases no decisive action would be taken by authorities
          to investigate or bring the perpetrators to justice. In many instances,
          alleged perpetrators were suspended or transferred, but few police officers
          were charged and even fewer were convicted for the torture of detainees in
          police custody. Magisterial inquiries, which are legally obligatory in all
          cases of custodial deaths, were said frequently not to be held, and when they
          were held their reports were said to be often inconclusive and rarely made
          public. The magistrates were said to have limited power of investigation and
          were forced to rely on evidence provided by the police.
          341. The National Human Rights Commission (NHRC) , established by presidential
          ordinance in September 1993, reportedly lacked independent investigative
          machinery, having to rely on investigative staff provided by the Government
          who operated under the supervision of the Director-General of Police. The
          Commission was said to have taken a number of constructive measures, such as
          issuing a directive to district magistrates and superintendents of police to
          report all cases of custodial deaths and rape involving the police to the
          Commission within 24 hours of their occurrence or of the case having come to
          their knowledge. The mandate of the Commission, however, was reportedly
          limited to asking for a report from the Government on alleged human rights
          violations and there was no obligation on the part of the Government to
          proceed with or to publish any of the Commission's recommendations. The
          Government was said to be considering adoption of a legal amendment that would
          provide for judicial inquiries into all cases of deaths in custody.
          342. Particular allegations were received with regard to police procedures
          in Bombay. It was alleged that a substantial number of persons were held in
          Bombay police stations without any record of their detention being made by the
          police. The practice of unrecorded police detentions was said to be conducive
          to torture and ill-treatment. Many detainees were reportedly held well beyond
          the 24-hour period within which a person must be brought before a magistrate,
          and many were never brought before a magistrate at all. Despite
          constitutional guarantees of the right to consult with a lawyer during
          interrogation, lawyers were said to be routinely denied access to persons
          held in police custody. Relatives of detainees were also reported to be
          denied such access. Such incommunicado detention was said to be conducive to
          torture. In addition, magistrates reportedly are able to remand a person to
          police custody for up to 15 days and thereafter to judicial custody for up
        
          
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          to 60 or 90 days, depending upon the offence. In Maharashtra, police making
          arrests without warrants to prevent the commission of cognizable offences were
          said to be able to detain persons for up to 30 days, and under the provisions
          of the Terrorist and Disruptive Activities (Prevention) Act (TADA) , remand for
          up to 60 days was permitted. It was during these initial detention and remand
          periods that persons were said to be vulnerable to torture.
          343. The Government transmitted a reply to these general allegations
          on 23 November 1994, stating that existing constitutional and legal provisions
          provided an elaborate framework of safeguards. The NHRC has wide-ranging
          powers, including those to require any person to furnish information in an
          inquiry, to enter buildings and seize documents and to approach the Supreme
          Court or High Court for direction. In addition, the Home Ministry and State
          Governments had established Human Rights Cells (HRC), whose function was to
          monitor custodial crimes.
          344. The Government had also recently proposed amendments to the Code of
          Criminal Procedure and introduced them in Parliament in May 1994. These
          include: prohibition on the arrest of women after sunset or before sunrise
          except in unavoidable circumstances; the requirement that an arresting police
          officer give information of the arrest and place of detention to such persons
          as may be nominated by the arrested person; the requirement that a copy of the
          report of the medical examination be furnished to the arrested person or to
          his or her nominee; the requirement of a judicial magisterial inquiry in cases
          of death, disappearance or rape in custody and the requirement that a
          post-mortem be carried out within 24 hours of custodial death.
          345. The Government also notified the Special Rapporteur that on 1 June 1994
          the Supreme Court had issued the following guidelines: an arrested person
          held in custody is entitled to have a person known to him told, as far as is
          practicable, of the arrest and place of detention; a police officer shall
          inform the arrested person of this right when he is brought to the police
          station; and an entry must be made in the police diary as to who was informed
          of the arrest. The Government had also made efforts in the induction and
          “on-service” training programmes to sensitize police officers to the use of
          scientific investigation methods; instructions for ensuring treatment of
          persons in custody in accordance with due process of law were re-emphasized;
          and interrogation rooms were being relocated to make them visible and closer
          to the reporting rooms to minimize the scope for violations.
          346. As to allegations regarding the police procedures in Bombay, the practice
          of unrecorded or illegal detention had always been discouraged by senior
          police officers. Supervisory officials have been issued instructions to pay
          surprise visits to police stations, check the lock-up and consult the arrest
          register to ensure that there were no illegal detentions. Such visits are
          also made to ascertain whether persons in the lock-up are being treated
          humanely and whether procedures with respect to them have been followed in a
          proper and timely fashion. As to access by lawyers, the Bombay Police Manual
          provides that interviews can be refused only when a lawyer insists on visits
          “at any time that suits him”, if the police have reason to believe that the
          lawyer has abused his right of access or when there is reason to believe that
        
          
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          the ends of justice might be defeated or suffer by such access. While denials
          of access to relatives may have occurred, it is incorrect that such denial is
          routine or standard.
          347. The warrantless arrest provision in Maharashtra still requires the
          arrested person to be brought before a magistrate within 24 hours and again
          after 15 days. Persons held under TADA, temporary legislation subject to
          biennial parliamentary review, must also be brought before a magistrate within
          24 hours of arrest and the maximum period of remand has been reduced from one
          year to 180 days, after which bail is a statutory entitlement. Bail is
          available at all times upon application and 80 per cent of detainees have been
          granted bail. TADA was being reviewed by committees at the central level and
          in the States where it has been invoked, and the registration of cases and
          prosecutions under the act now requires specific approval at a high level.
          348. The Special Rapporteur transmitted to the Government the cases of alleged
          custodial death resulting from torture which are summarized in the following
          paragraphs. Where the Government has provided replies, they are also
          summarized.
          349. Madan Lal, from Pandav Nagar, West Delhi, was arrested
          on 29 November 1993, allegedly beaten at the police station, and declared dead
          on arrival two hours later at Deen Dayal Upadhaya Hospital. A post-mortem
          found no external injuries, but his brother had observed marks on his back.
          The three constables who had arrested him and the Assistant Superintendent of
          Patel Nagar police station were reportedly suspended. In June 1994 the NHRC
          recommended that interim compensation be paid to Madan Lal's dependents and
          that investigations be conducted by an additional and sessions magistrate and
          the Central Bureau of Investigation (CBI) . The investigating additional and
          sessions magistrate concluded that Madan Lal had died of injuries sustained
          while in police custody. The result of the CBI investigation was unknown.
          350. Gyani Ram, from Karamgarh village, Narwana, Jind district, was arrested
          by police from City police station, Narwana, on suspicion of selling drugs.
          Although no drugs were found in his possession, he was taken to the police
          station. He died in the Government Hospital, Narwana, on 9 November 1993
          after having made a statement alleging that he had been beaten by a constable
          and a cook from the police station. The police were said to maintain that
          Gyani Ram had taken tablets which poisoned him. An investigation was said to
          have been carried out by the Station House Officer (SHO) of the City police
          station and the constable and the cook were charged with murder. The
          Government informed the Special Rapporteur that the accused constable and cook
          had been released on bail and were facing trial before the district and
          session judge.
          351. Babu, alias Iqbal, from Bangalore, Karnataka, was arrested by police
          in early July 1993 and taken to a lock-up in Bangalore city. He was
          pronounced dead at the City Hospital in Bangalore on 11 July 1993, having
          allegedly been tortured to death. The police allegedly offered his wife
          payment to remain silent about the death while officially attributing the
          death to epilepsy. The City Police Commissioner was said to have arrested a
          superintendent of police in connection with the incident, but he was released
          on bail the following day. The Government replied that the case was still
        
          
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          under investigation, but that the Karnataka High Court had stayed an
          investigation by the corps of detectives and that the matter was subjudice .
          352. Dilbagh Singh and his brother Kashmir Singh were arrested at their
          Bombay office by Punjab police on 3 July 1993. A delegation from a Sikh
          organization visiting them in detention the following day observed that
          Dilbagh Singh appeared dazed and bore the marks of severe assault. On 6 July
          Dilbagh Singh was allegedly killed by being thrown from a moving train at
          Ratlam and Kashmir Singh was released at Kota station. Both men had allegedly
          been severely tortured in police custody in Bombay. Kashmir Singh filed a
          complaint with the Bombay police who registered a First Information Report
          against some Punjab policemen. The results of the investigations were
          unknown. The Government informed the Special Rapporteur that Dilbagh Singh
          had accidentally fallen from the railway compartment and that further
          inquiries were being made.
          353. Raju Bhujel died in police custody in Tura, Meghalaya, on 30 July 1993,
          allegedly as a result of torture. Some people had observed a police driver
          trampling the corpse. One police officer reportedly claimed that Raju Bhujel
          had been drunk and had fallen from a tree, while another officer maintained
          that he had jumped from the first floor of the police station in a drunken
          state. The Home Minister of the Meghalaya Government granted Rs 10,000
          compensation to the family of Raju Bhujel and ordered a magisterial inquiry
          into the death, and a police driver was suspended. The results of the inquiry
          were unknown.
          354. Wilson, from Royapettah, Tamil Nadu, was arrested by police
          on 22 June 1993, was allegedly tortured and died in hospital the next day,
          his body bearing the marks of deep wounds. His family requested the Chief
          Minister of Tamil Nadu, the Commissioner of Police and the Chief Secretary of
          Tamil Nadu to carry out an inquiry, but it was unknown whether any inquiry had
          in fact been undertaken. According to the reply of the Government, an inquiry
          revealed that E.2 Royapattah police personnel had beaten Wilson with sticks
          and iron pipes without reason and had prima facie committed murder. The
          Collector of Madras was requested to prosecute the policemen concerned and the
          Director-General of Police was directed to arrest the persons and suspend
          them.
          355. Ram Singh, from Avamau village, Malihabad, Uttar Pradesh, was allegedly
          beaten unconscious in July 1993 by a sub-inspector and two constables in
          front of several villagers and died in custody after further beatings at
          Krishna Nagar police station. His body was found in the Sai river
          on 27 July 1993. Officials were said to have told his mother that he had
          escaped on the way to the police station. It was unknown if any investigation
          had been carried out. The Government informed the Special Rapporteur that
          preliminary inquiries had revealed that Ram Singh was in fact beaten and
          tortured in the presence of many villagers. An inquiry by the Deputy
          Superintendent of Police led to the suspension of two sub-inspectors and the
          transfer of four constables. A criminal case was registered against these
          police and the investigation has been entrusted to the Crime Branch of the
          Criminal Investigation Department of the State of Uttar Pradesh. The case was
          still under investigation.
        
          
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          356. Ganesh Bauri was arrested in West Bengal on 5 July 1993 and the next
          morning was sent to hospital in critical condition with multiple injuries to
          his body. He was returned to jail on the same day, but his condition was
          such that he was sent directly to hospital at Asanol jail, where he died
          shortly after admission. A post-mortem examination, ordered by a magistrate,
          indicated that he had died due to strain on a hernia. His brother was said to
          have seen torture marks on his body and to have denied that he had been
          suffering from a hernia.
          357. Bhagwan Das died in Tihar jail, Delhi, on 14 August 1993, having
          allegedly been tortured to death. Family members were said to have seen his
          body at Tis Hazari mortuary with the lower part soaked in blood, a rope tied
          around the neck and scars on the chest. The Inspector General of Prisons
          maintained that Bhagwan Das had committed suicide. A post-mortem examination
          was carried out, the results of which were unknown. A sub-divisional
          magistrate (5DM) investigated the death, but the results of that investigation
          were also unknown. The Government informed the Special Rapporteur that
          Das Bhagwan had committed suicide with a bed sheet.
          358. Deepak Ram, from Bihar, was arrested on 19 May 1993 and allegedly
          beaten to death at Sector 20 police station in Delhi. A post-mortem report
          indicated that a road accident had caused his death. The chief judicial
          magistrate found a driver guilty of Deepak Ram 's death, but noted that
          three sub-inspectors might be arrested for murder once the findings of the
          departmental inquiry were known. In August, a Criminal Investigation
          Department (CID) inquiry was ordered into the death, the results of which
          were unknown.
          359. Ashok, from Jehangirpuri, was detained along with six relatives
          on 9 February 1993 by local police and was allegedly beaten and deprived
          of water, food and sleep for two days. A relative who was released
          on 23 February alleged that Ashok had on that date been in critical condition,
          unable to sit or take solid food. He was taken to a local hospital by police
          and on 10 March sent to Rohtak Medical Hospital, where he died on 20 March.
          360. Satyavan, from Jharoda Kalan village, Delhi, was arrested
          on 24 February 1993 in connection with a banned political rally, but was let
          go after paying police one quarter of the Rs 50,000 sum that they had
          allegedly demanded for his release. He was re-arrested, along with two
          friends, on 2 March by the head constable and the SHO of the Najafgarh police
          station. He allegedly died of torture later that day in Najafgarh police
          station and his friends were made to carry his body back to the village.
          After a protest at his death involving hundreds of people, the SHO and head
          constable were suspended. The investigating SDM reportedly found that
          Satyavan had died due to “torture by guardians of the law” and recommended the
          prosecution of at least two officials. In December 1993, the former SHO and
          two accused policemen were released on bail by the sessions judge of Hazari
          court and although the SHO was re-arrested two days later, no criminal charges
          of murder were said to have been brought. The Government has informed the
          Special Rapporteur that the case was pending trial in the court.
          361. Vikal Kumar Adhana, an assistant in the Ministry of Finance from Tigaon,
          Faridabad, Haryana was arrested on 23 February 1993 by the CBI and taken to
        
          
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          Lodhi Colony police station. The police were said to have made no entry of
          the arrest in their daily diary. He was reportedly found dead in the lock-up
          the following morning, allegedly having been tortured to death. A police
          report determined that he had hung himself using thin rope made from strings
          taken from a floor mat. Inquest records noted his hanging and listed several
          injuries on his body indicative of torture. The Delhi High Court was said to
          have ordered an inquiry into whether the death was suicide or was due to
          torture. According to the Government a judicial inquiry was under way. The
          report of the 5DM had found two head constables liable for negligence while on
          duty, and these officers have been suspended and a departmental inquiry has
          been ordered.
          362. Ehura, of Medana Muvada, Gujurat, was detained by two forest watchmen
          who believed him to be a thief in the Forest Department of Zer district in
          January 1993 and was taken to Khanpur, where custody was relinquished to the
          forest ranger. Witnesses were said to have seen the ranger beat Ehura
          unconscious with an iron pipe. He was taken unconscious into the ranger's
          office, and never seen again. A case of illegal confinement was registered by
          local police against the ranger. Those accused were reportedly granted
          anticipatory bail and two forest officials were transferred.
          363. Arunachalam was taken into police custody in Karnataka in August 1993
          after he had hit a pedestrian while travelling on his motorcycle. Thirty
          minutes after being taken into custody, he was taken to hospital where he was
          declared dead on arrival. Injuries on his body, including deep cuts on his
          chin and cheek, indicated that he had been beaten by police, but the police
          reported that he had died of epilepsy. An executive magistrate was asked to
          conduct an inquiry into the death, the results of which were unknown. The
          Government replied that Arunachalam had neither been arrested nor harassed by
          the police, but had come to the station to report the accident on his own
          accord. A final report was sent to the court treating the death as
          accidental.
          364. Nanjunda was taken into the custody of Mahalakshmi Layout police station
          in Karnataka and allegedly died in police custody on 23 March 1993 as a result
          of torture. The Chief Minister was said to have announced a CID inquiry into
          his death and to have told the State Assembly that he would personally inquire
          into the incident. The Government replied that while in detention Nanjunda
          attempted to commit suicide by hanging himself with a piece of bed sheet and
          that police had stopped him and taken him to the hospital, where he died.
          A Writ Petition was filed in the High Court of Karanataka, which had stayed
          further proceedings, leaving the matter subjudice .
          365. Vidyadharan, President of a Congress Party “reformist” group, from
          Karthikapally, Haripad Taluk, Alappuza district in Kerala, was arrested by
          police on 18 February 1993 in connection with a death in his family. He was
          allegedly tortured in police custody and rushed to Haripad government
          hospital, where he was declared dead on arrival. The police official
          responsible for his arrest was reportedly suspended. The Government replied
          that Vidyadharan had in fact been arrested on 17 February and during detention
          at Haripad police station was shivering and tried to bang his head on the
          grills of the lock-up room. Preliminary inquiries revealed that his injury
          was self-inflicted, but a criminal case had been transferred to the Crime
        
          
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          Branch and a team of officers under the supervision of the Deputy Inspector
          General of police was conducting an investigation. The sub-inspector of
          Thrikkunnapuzha police station, where Vidyadharan had initially been taken,
          and the Circle Inspector of Haripad police station have been placed under
          suspension for negligence and dereliction of duty which led to the prisoner
          inflicting fatal injury on himself.
          366. Kishanlal Agrawal, from Ehopal, was picked up by police
          on 15 December 1993 and later died, allegedly after being beaten in Piplani
          police station. Members of the opposition of the State Assembly were said to
          have walked out in protest against his death. Three police officials were
          suspended and the Director-General of police indicated that cases would be
          filed against the three when the results of a medico-legal report were known.
          A magisterial inquiry and an inquiry by the Criminal Investigative Agency were
          ordered, the results of which were unknown.
          367. Chandrasekhar was taken to Odianchalai police station in Pondicherry
          on 29 December 1993, where he subsequently died, allegedly as the result of
          torture. The police reported that he was drunk when they picked him up on the
          roadside. The NHRC was said to have ordered a judicial inquiry into the
          death. The Government replied that an inquiry conducted by the SDM and a
          second post-mortem report had revealed that the deceased had been assaulted.
          Five police officials have been suspended and a charge sheet would be filed in
          court after a perusal of the file by the Public Prosecutor.
          368. Venkatesan, a forest watcher at Sandavasal, Tiruvanamalai-Sambuvarayar,
          was arrested on 25 February 1993 by the Assistant Conservator of Forests and
          detained in the Sandavasal forest range office. He died on the way to Vellore
          General Hospital, allegedly as the result of torture. A First Information
          Report registered at Sandavasal police station by a Sandavasal range officer
          states that he may have died from poisoning, but a post-mortem examination
          ruled out poisoning and stated that he had died after a “heavy thrashing”.
          Three forest range staff were said to have been suspended. The Government
          replied that the suspended forest officers had filed an application before
          the Tamil Nadu Administrative Tribunal against the suspension orders and that
          body had ordered reinstatement of the officers in service elsewhere until the
          investigation was over. The High Court granted anticipatory bail to the
          officers. Investigations by the CE and CID were progressing.
          369. Ishtiyak, a resident of Saroorpur village, Tamil Nadu, was arrested
          by police from Saroorpur police station on the night of 9 April 1993 and
          following two days' detention was taken to Meerut district hospital, where he
          died two days later. Local villagers were reported to have alleged that he
          had died as the result of police torture.
          370. Raj Kishore was arrested by police from Modinagar on 23 July 1993 and was
          allegedly tortured during 10 hours of detention. He was taken to a private
          clinic later that day after complaining of severe chest pain and declared dead
          on arrival by doctors. The SHO and a sub-inspector of the Modinagar station
          were reportedly suspended. The results of a post-mortem examination were
          unknown.
        
          
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          371. Sobejan Bibi, a domestic worker from Digberia, West Bengal, was allegedly
          raped and killed on 4 September 1993 by two Border Security Force members who
          were said to have been drunk. She was found with multiple stab wounds near
          the Border Security Force Provisioning Complex, which houses the 65 Battalion
          of the paramilitary force. A complaint was reportedly registered by her
          family and a post-mortem examination was carried out, the results of which
          were unknown.
          Follow-up to cases previously transmitted
          372. In his communication of 21 August 1992, the Special Rapporteur informed
          the Government of allegations received in regard to Savinder Singh, according
          to which he had been tortured and forced to jump out of a window during an
          interrogation on 28 February 1992 at the Directorate of Enforcement of the
          Ministry of Finance at Loknayak Bhavan, South Delhi. On 24 December 1992 the
          Government replied that an investigation had revealed serious lapses on the
          part of the officials concerned and that action against two officers of the
          Directorate of Enforcement had been recommended. The Government also
          communicated that the Supreme Court had issued orders that the additional
          district and sessions judge should conduct the investigation and submit a
          report directly to the Supreme Court. The communication of the Government was
          reflected in the previous report (E/cN.4/1994/31, para. 302)
          373. In his communication of 28 June 1994 the Special Rapporteur informed
          the Government that he had received new information, according to which the
          report of the sessions judge, sent to the Supreme Court in June 1993, was
          to result in prosecution of four officials by the Criminal Bureau of
          Investigation (CBI) on charges of illegally confining, torturing and possibly
          pushing Savinder Singh to his death. The report had ruled out suicide as a
          cause of death. The CBI was reportedly ordered to institute a detailed
          investigation and file a police case against the four officers. The
          Attorney-General was said to have informed the Court that the Government could
          not accept the conclusions of the report and that it reserved the right to
          challenge the findings in future. In a related development, the Patiala
          High Court reportedly ordered the Directorate of Enforcement to pay 2 lakh
          (about $445) in compensation to Savinder Singh's widow.
          Urgent appeals sent and replies received
          374. The Special Rapporteur made three urgent appeals in the cases described
          in the following paragraphs. The dates on which the appeals were transmitted
          appear in brackets at the end of the corresponding summaries.
          375. The following staff members of the Punjab daily Aj Di Awaz ( Today's
          Voice ) were reportedly arrested on 11 January 1994 following a police raid on
          the premises of the newspaper: Gurdeep Singh, Malkir Singh, Jasbir Singh
          Khalsa, Jasbir Singh Manowan, Debvinder Singh, Amrik Singh, Ajab Singh and
          Kuldeep Singh. The police reportedly denied later that they were holding
          Gurdeep Singh and Malkir Singh, whose whereabouts were unknown. In view of
          numerous allegations received concerning torture or ill-treatment of people
          arrested in Punjab under TADA, fears were expressed that these persons might
          be subject to similar treatment (24 January 1994)
        
          
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          376. Ajit Kumar Bhuyan, editor of the Assamese weekly Saadin , a coordinator of
          the Human Rights Struggle Committee and a founding member of the Assam Union
          of Working Journalists, was reportedly arrested on 5 July 1994 at his home in
          Guwahati, Assam, and taken to Chandmari police station. After being held for
          several hours he was said to have been moved to an undisclosed location for
          interrogation (7 July 1994)
          377. On 19 August 1994 the Government replied that Ajit Kumar Bhuyan, arrested
          on charges relating to a kidnapping plot, had been remanded to police custody
          for 26 days on the day of his arrest by order of the magistrate. He had not
          been subjected to any inhuman treatment. Assurance was given that he would be
          treated properly during his period of detention.
          378. Mohammad Shafi, a journalist based in Srinagar, Jammu and Kashmir, was
          being held in Papa II interrogation centre by the Border Security Force (BSF)
          He was arrested on 7 December 1994 with Mukhtar Ahmed, correspondent with the
          Independent newspaper in the United Kingdom. Mukhtar Ahmed had allegedly been
          punched, kicked and threatened by members of the BSF before being released
          (9 December 1994)
          Observations
          379. The Special Rapporteur appreciates the regular responses of the
          Government; however, they do not cover all the cases transmitted to them.
          He is also aware that India has a highly developed legal system with a
          reputation for vigorous independence. This has certainly contributed to the
          fact that many of the cases referred to in this and previous reports has led
          to some action by way of formal inquiry and disciplinary measures. At the
          same time, it is apparent that few incidents, in what is credibly alleged to
          be a widespread, if not endemic phenomenon, are prosecuted and even fewer lead
          to conviction of the perpetrators. It is also to be noted that very many
          cases that come to the attention of the Special Rapporteur are those that
          result in death, in other words, those where torture may have been applied
          with the most extreme results. This must be a minority of the cases of
          torture in the country.
          380. Over the two years of his mandate, the Special Rapporteur has been in
          contact with the Government, through its Permanent Mission in Geneva, with
          a view to obtaining an invitation to visit the country. Those contacts
          initially seemed promising, but the Special Rapporteur was eventually told
          that a visit would not be opportune. The Special Rapporteur continues to
          believe that the situation would justify a visit by him.
          Indonesia
          Information transmitted to the Government
          381. By letter dated 4 July 1994 the Special Rapporteur advised the Government
          that he had continued to receive reports indicating that the practice of
          torture and other ill-treatment was routine in Indonesia, both with respect to
          those persons detained for political reasons and those accused of criminal
          off ences. Methods of torture were said to include beatings, blindfolding,
        
          
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          application of electric shocks, lashings with iron rods, stomping on the body,
          rape and other forms of sexual abuse, and burning parts of the body with
          cigarettes.
          382. Reports were also received according to which detainees in Kopassus
          prison in Lammeulo, Aceh, underwent particularly harsh treatment. Detainees
          were allegedly held for many months and sometimes for several years without
          any judicial proceedings or contact with the outside world. The prisoners
          were said to be denied medical care and a number of them were allegedly
          tortured to death.
          383. Reports further indicated the persistence of a broad pattern of military
          and police intervention in labour disputes in Indonesia which frequently
          resulted in the detention and torture or ill-treatment of workers and labour
          activists. In this connection, the Special Rapporteur transmitted the
          individual cases summarized in the following paragraphs.
          384. Riswan Lubis, Secretary of the Medan Branch of the Indonesian Prosperous
          Workers Union, was one of more than 100 workers and labour activists reported
          to have been arrested in connection with labour unrest in Medan in April 1994.
          He was allegedly arrested by police at his home at 2 a.m. on 15 April 1994,
          taken to Poltabes Medan and subjected to beatings.
          385. Sukiman (alias Yusuf) was one of 29 workers and activists arrested during
          a strike at PT Industri Karet Deli, Medan, on 11 March 1994. He was allegedly
          detained by plainclothes police, put in a company-owned vehicle and tortured
          in a warehouse. Thereafter, he was reportedly detained at Poltabes Medan,
          where relatives visiting him observed open wounds on his face and legs and
          severe bruising.
          386. Marsinah, a factory worker, was allegedly tortured and raped before
          being killed in early May 1993, reportedly because of her role as a labour
          activist. In the days prior to her death, she was said to have been actively
          involved in a strike at the watch factory where she worked. It was alleged
          that Marsinah may have been raped and killed on S May 1993 at the local
          military headquarters where she had gone to look for colleagues who had been
          detained by authorities of the district and sub-district military commands
          intervening in the dispute. Her body, bloodied and heavily bruised with marks
          of strangulation, reportedly turned up on 8 May in a small shack in a field
          about 200 kilometres from her home in Porong, East Java. An autopsy was said
          to have revealed that her attacker had thrust a blunt instrument into her
          vagina, causing severe bleeding. Nine employees of the company involved in
          the labour dispute and one sub-district military commander were charged in
          connection with the incident and four of the defendants were convicted in
          April 1994. All of the civilian defendants were said to have had confessions
          extracted under duress or torture and to have subsequently retracted those
          confessions at trial. It was alleged that their prosecution was undertaken to
          cover up the role of the military in the incident. The military commander who
          was implicated was said to have been charged in a military proceeding only
          with a disciplinary offence for failing to report a crime.
          387. The Special Rapporteur also transmitted information he had received
          alleging that the vast majority of people arrested in East Timor, including
        
          
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          women, were held in unacknowledged and frequently incommunicado detention for
          periods ranging from a few hours to several months. Most such persons were
          held without access to lawyers and relatives and were reportedly subjected to
          physical and psychological abuse before being released without being charged.
          The following individual cases were transmitted.
          388. Salvador Sarmento, a student at the Pastoral Institute in Dili, was
          reportedly seized by members of the military on 4 January 1994 and taken to an
          unknown location, where he was beaten, kicked and tortured nearly to death.
          The authorities afterwards were said to have forced his parents to declare
          that they had seen their son participate in subversive meetings.
          389. Benevides Correia Barros, an East Timorese student, and Francisco Almeida
          Godinho were reportedly arrested by two soldiers on 13 September 1993 in
          Maliana after being observed taking photographs in a field. They were
          allegedly tortured, threatened with execution and then taken to a hut wherein
          they were stripped naked and beaten on the head, chest, genitals, kidneys,
          thighs and knees. The soldiers then reportedly drove them to Kodim, Maliana,
          where they were accused of taking photographs to be used for political
          purposes and deprived of food and drink and not allowed to urinate for three
          days. They allegedly had their hands tied so as to make the cuffs cut into
          their flesh, and were kicked with boots and their heads were hit against a
          wall. On three occasions, Benevides Barros was allegedly driven by car to a
          spot where he was told to kneel down and pray because he was about to be
          executed. On 26 September, the men were transferred to Special Intelligence
          Task Force Headquarters, subjected to further interrogation, and released
          after signing a statement promising not to repeat their activities.
          390. Adelino Gomes Fonseca was among 20 students said to have been arrested
          during a military operation in Baucau district on 24 December 1992. He
          allegedly received heavy beatings during interrogation, which were said to
          have caused severe chest pains, difficulty in breathing, bleeding and swollen
          closed eyes. He died the morning after his arrest, allegedly as a consequence
          of the beatings.
          391. Fernando Boavida, also among those students arrested in Baucau
          on 24 December 1992, was reported to have been tortured to death. During
          his interrogation, he was allegedly forced to lie on a plank covered with
          sharp nails. When he failed to give what the interrogators regarded as a
          satisfactory reply, they allegedly placed another plank on top of him and a
          tyre on top of that plank. He was said to have lost consciousness and died
          on 27 December 1992.
          392. By the same letter the Special Rapporteur reminded the Government of
          a number of cases transmitted in 1993 regarding which no reply had been
          received.
          Urgent appeals transmitted and replies received
          393. The Special Rapporteur transmitted two urgent appeals on behalf of the
          persons in the cases described below.
        
          
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          394. Jose Antonio Neves, a student at a theological institute in Malang,
          East Java, was reportedly arrested on 19 May 1994 by military intelligence
          authorities and taken to a safehouse of the military's intelligence
          unit (SGI) . It was also reported that he might have been transferred to
          the headquarters of the Regional Military Command IX in Denpasar, Bali.
          At least 10 other young people were said to have been detained in Dili in
          the weeks prior to Jose Neves' arrest, including Nuno de Aridrade Sarmento
          Corvelho, Rui Fernandes, from Bermori, Pedro Fatima Tilman, from Kuluhum, and
          Lucas Tilman dos Santos from Bairro-Pite. They were all said to have been
          taken to the military intelligence headquarters in Dili and interrogated about
          their political activities (24 May 1994)
          395. On 27 October 1994 the Government replied that Jose Jthtonio Neves
          had been arrested by the police, not military intelligence, and was not
          tortured or ill-treated. The ICRC visited him in Malang on 23 June 1994
          and he was awaiting trial. Nuno de Aridrade Sarmento Carvalho was arrested
          on 18 April 1994 and released on 22 April and was not tortured or ill-treated
          during detention. Lucas Tilman dos Santos was arrested for one day
          on 22 April 1994 and was not tortured or ill-treated. Pedro Fatimal Tilman
          was arrested on 26 April 1994 and was awaiting trial. During questioning and
          detention his physical and mental integrity were protected. No one by the
          name “Rui Fernandes” was found in lists of those who have been detained in
          Indonesia.
          396. Jannes Hutahaen, an officer of the Medan-based labour rights
          organization Kelompok Pelita Sejahtera, and Parlin Manihurunk, an officer of
          the non-governmental organization Pondakan, were reportedly arrested in
          Jakarta on 13 June 1994 by police officers from Medan. They were said to have
          recently been accused of “incitement” in connection with labour unrest that
          occurred in Medan in April 1994. It was not known where they were being held
          (24 June 1994)
          397. On 2 November 1994 the Government replied that Jannes Hutahaen and
          Parlin Manihuruk had been arrested in Jakarta on 14 June 1994 and taken into
          custody in the Medan police detention centre from 15 July to 13 August. While
          in detention they were treated humanely in accordance with national law and
          international standards. The Chairman of the Indonesian Legal Aid Institute
          visited them at the Tanjung Gusta penitentiary on 4 September 1994 and said
          that he was fully satisfied with their condition.
          398. The following 81 East Timorese students were arrested on
          12 November 1994 in connection with incidents which occurred at the
          United States embassy in Jakarta: Quintilano M. Neto, Eustaquio Sacramento
          P. Guterres, Evaristo dos Santos, Mario Sousa Gama, Francisco Honorio F.S.
          Aurelio Aries Tilman, Hortencio, Samuel Doutel do Rosario, Nazario da Silva,
          Miguel dos Santos, Marino Sousa, Fransisco Bonaparte, Aderito dos Reis,
          Domingos Batista, Joao dos Santos, Gaspar Francisco Guleres, Rino Belmiro
          F. Freitas, Benigno S. Soares, Aldin Vaz de Carvalho Soares, Delio Nunes,
          Nuno Pinto, Edgar Ferdando, Zito, Alfeu, Hernanio Viterbo da Costa Soares,
          Zito Antonio de Jesus Soares, Fernando Lourenco, Luis Nancimento,
          Luis Fonseca, Jose das Dores, Januario Eidoterio, Atanasio 1-larreto,
          Helder Barreto Gonçalves, Andre Paulo Faria, Helio Alin, Ariecleto Bonto
          Ferreria Moniz, Antonio Viegas, Faugio Lemos, Joao Miguel B. Ximenes,
        
          
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          Julino Ximenes, Agusto da Conçeiçao, Manuel Luis Ribeiro, Gaspar Fransisco,
          Hugo Jose Conçalves de Jesus, Mateus dos Santos, Jose Fransico dos Santos,
          Luis da Costa Conçeiçao, Antonio Martinho da Costa Lopes, Luis Neto Fraga,
          Cornelio da Costa Martins, Mariano Sabino, Adelino Eco Soares, Alfredo de
          Meneses dos Santos, Francisco Rolando, Fransico Borja C. Soares, Julio Amilcar
          Caitano, Jose Carlos Smith, Jose Angelo da Cruz Soares, Longuinhos Maia
          dos Santos, Jose M. Soares Costa, Frederico Cabral, Aderito dos Santos,
          Oscar da Silva, Saturnino Lopez Sarmento, Abrao Marino, Joaquim Sarmento,
          Domingos Tilman, Jose Jaime da Silva, Arlindo Diaz, Jose Fernando,
          Anitonio Menezes, Carlos da Silva Lopez, Victor Lavarez, Domingos Sarmento,
          Jorge Joao Lay, Julio de C. Ribeiro, Arsenio, Mario Soriano, Antonio Ramos,
          Helder Pirez, Arlindo Fernandes. They were reportedly being kept in detention
          in various Javanese cities (28 November 1994)
          399. On 1 December 1994 the Government replied that none of the 81 named
          persons was ever detained by the law enforcement authorities of the
          Government of Indonesia. Twenty-two of the named persons had remained in
          the United States embassy compound from 12 to 24 November and had then
          departed for Portugal. The remaining names were either of non-existent
          persons or persons who had participated in the demonstration in front of the
          United States embassy but had not been taken into custody.
          Information received from the Government on cases included in previous reports
          400. On 2 February 1994 the Government transmitted to the Special Rapporteur
          information of the case of Rui” Los Palos”, on behalf of whom the
          Special Rapporteur had sent an urgent appeal on 27 May 1993. According to
          the information Rui” Los Palos”, whose real name is Rui Antonio da Cruz, was
          arrested at his parents' home in Mahena, East Timor on 14 May 1993 on
          suspicion of involvement in a clandestine movement. He was not treated as a
          detainee and while being questioned his physical and mental integrity were
          protected. He was visited on 31 July 1993 by the ICRC and was participating
          in a rehabilitation programme in Dili.
          Observations
          401. The Special Rapporteur appreciates the replies received from the
          Government in respect of his urgent appeals, but notes the absence of replies
          to information transmitted to the Government over the past two years. In
          addition, the Special Rapporteur has sought in 1993 and 1994 an invitation to
          conduct a visit to the country as follow-up to that conducted by his
          predecessor in 1991 to Indonesia and East Timor. He has also sought
          information on measures taken in connection with the recommendations contained
          in the previous report (E/CN.4/1994/31, para. 342) . He has received no reply
          in respect of either matter. In the light of the allegations received and the
          absence of the responses sought from the Government, the Special Rapporteur
          feels it appropriate to remind the Commission of the statement made in the
          report of the 1991 visit, namely, that “the Special Rapporteur cannot avoid
          the conclusion that torture occurs in Indonesia, in particular in cases which
          are considered to endanger the security of the State” (E/cN.4/1992/17/Add.1,
          para. 73).
        
          
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          Iran (Islamic Republic of)
          Information transmitted to the Government
          402. By letter dated 9 November 1994 the Special Rapporteur informed the
          Government that he had received reports indicating that the practices of
          amputation and flogging as a means of punishment were continuing. In
          this connection, it was reported that Mohammad Hossein Honar Bakhshi and
          Karim Gol-Mohammadi had four of their right hand fingers amputated around
          March 1994 in Qom central prison in the presence of other prisoners, after
          having been found guilty of stealing.
          403. Another case of flogging was that of Mary Jones, an American-Iranian
          interpreter, who was reportedly sentenced to 80 lashes in Shemiran,
          northern Tehran, on charges of obtaining wine from a Christian church for
          drinking and having illegitimate links with a man. She maintained during
          trial that she had obtained Iranian citizenship following her temporary
          marriage with that man. The sentence was reportedly carried out in public in
          April 1994.
          404. The Special Rapporteur also transmitted the case of Feizollah Mekhoubad,
          aged 77, who was accused in May 1992 of having links with Israel, sentenced
          to death in May 1993 by an Islamic Revolutionary Court, and executed
          on 25 February 1994. He was said to have been active in charitable work and
          not engaged in political activities, but was allegedly charged based on the
          supposition that he had contacted various family members living in Europe, the
          United States, and Israel. During his time in detention prior to execution,
          he was said to have undergone three operations for unknown reasons.
          Throughout his prison term, he was reportedly kept in chains and in solitary
          confinement for prolonged periods, and was only permitted visits for a maximum
          of 20 minutes once every few months. During the final six months of his
          imprisonment, he was allegedly beaten brutally and flogged on his back, limbs,
          and face. Some time prior to his execution, he reportedly had both of his
          eyes gouged out. Observation of his body, which was unearthed by members of
          his family for purposes of reburial in accordance with Jewish rites, was said
          to reveal marks of severe disfigurement, including missing teeth, two missing
          fingers and swelling and bruising attributable to blows.
          Urgent appeals sent and replies received
          405. The Special Rapporteur made three urgent appeals on behalf of the persons
          mentioned in the following paragraphs. The dates on which the appeals were
          transmitted appear in brackets at the end of the corresponding summaries.
          406. Hengameh Amini, daughter of the well-known singer Marzieh, was arrested
          in mid-October 1994, allegedly in connection with her mother's decision to
          join the National Council of Resistance. She was reportedly being held
          incommunicado in Evin prison (3 November 1994).
          407. On 9 December 1994 the Government replied that Hangameh Amini had been
          acquitted of charges against her following investigation.
        
          
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          408. Mohammad Khandjari was reportedly arrested on 12 November 1994 at his
          home in south Tehran and beaten in front of his wife by members of the
          Pasdaran (Revolutionary Guards) . He was said to have been arrested in
          connection with his alleged participation in the riots that occurred in
          Qazvin on 3 August 1994. He was reportedly being held in Rasht prison
          (21 November 1994)
          409. Retired General Azizollah Amir Rahimi, a 73-year-old former Commander of
          the Military Police, was reportedly arrested on 31 October 1994, released the
          following day, and rearrested on 3 November 1994. He was allegedly beaten by
          members of the secret police and was reported to be held in Evin prison's
          hospital. His arrest was said to be due to his open criticism of the
          Government. Mehrdad Amir Rahimi, his son, who protested the arrest of his
          father, was reportedly arrested on 8 November 1994 and his whereabouts were
          unknown (22 November 1994)
          Information received from the Government on cases included in previous reports
          410. On 21 December 1993, the Government transmitted to the Special
          Rapporteur a reply concerning allegations sent by the Special Rapporteur
          on 27 October 1992 in the cases of Khalil Akhlaghi, Houshan Sabetzadeh and
          Ali Ghaffari Hussaini. According to the information, Khalil Akhlaghi, tried
          in military court No. 1 of Tehran on the charge of espionage, was sentenced in
          accordance with the criminal law of the army to 15 years' imprisonment. The
          sentence was reduced under a National Day amnesty. No mention was made of
          the allegations of torture in the case. Both Houshan Sabetitzadeh and
          Ali Ghaffari Hussaini were acquitted of charges against them and the torture
          allegations in respect of these two persons was denied.
          411. On 6 December 1994 the Government transmitted a reply regarding Ali Akbar
          Ghorbani, a political refugee in France who was allegedly abducted in Turkey,
          tortured and killed by agents of the Iranian Government in June 1992. The
          Government stated that because his abduction and alleged torture did not occur
          in Iranian territory, no reliable information was at its disposal in the case.
          Iraq
          Urgent appeals
          412. On 1 September 1994 the Special Rapporteur transmitted an urgent appeal
          to the Government on behalf of Sham'un Bulos and Isma'il Ahmad Sa'id, who were
          convicted of theft in July 1994. The two men were reportedly sentenced to
          amputation of the right hand and to having two lines tattooed on the
          foreheads. The punishment of amputation was said to have been imposed
          pursuant to decree No. 59 of 4 June 1994. On 18 August 1994, the
          Revolutionary Command Council reportedly ruled that a tattoo of at least one
          centimetre long and one millimetre wide would be performed on every person
          whose hand was amputated for committing a crime.
        
          
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          Israel
          Information transmitted to the Government
          413. By letter dated 29 June 1994 the Special Rapporteur advised the
          Government that he had continued to receive information indicating that
          persons detained for political reasons in the occupied territories were
          routinely subjected to various forms of torture and inhuman and degrading
          treatment. Such mistreatment was allegedly inflicted by officials in the
          Israeli Defence Force, the General Security Service (GSS or Shin Bet) or the
          police during the course of interrogation. It was reported that certain forms
          of mistreatment might be sanctioned by GSS interrogation guidelines. The
          methods of abuse were reported to include: hooding of the victim for
          prolonged periods with dirty and wet sacks, resulting in disorientation and
          impeded respiration; tying the victim's body into painful positions for
          prolonged periods, such as with hands bound to feet and the body bent
          backwards (the “banana”); forcing the victim to remain standing for prolonged
          periods; sleep deprivation; severe beatings, including blows to the head and
          smashing the head against a wall; withholding of necessary medical attention;
          and confinement in small cold cells.
          414. Incommunicado detention was also reported to be routine for those
          arrested in the occupied territories. The military law applied to the
          West Bank was said to authorize the warrantless arrest and detention for four
          days of any person suspected of committing a security offence, after which two
          seven-day extensions could be granted by police officers before the detainees
          need be brought before a judge. A 1992 amendment to the law reportedly made
          eight days the maximum allowable period for detention without judicial review
          for detainees under 16 years and for all detainees who are suspected of “any
          but the most serious offences” . Persons aged 16 and above who were detained
          for political reasons and accused of serious offences were said generally to
          be held for 18 days without access to a judge and for even longer periods
          without access to relatives. Detainees could be denied access to lawyers for
          up to 90 days on security grounds, 30 days of which could be ordered by
          interrogating officials and two additional 30-day periods by a military
          court judge
          415. Confessions and other information obtained from a detainee during
          prolonged incommunicado detention was said often to constitute the main
          evidence against him or her in the military courts. Under applicable law,
          detainees may retract such a confession in court and ask for an investigation
          into torture allegations, although in practice prosecutors and judges were
          said frequently to pressure defendants to accept a plea-bargain rather than to
          press for an investigation.
          416. The individual cases described in the following paragraphs were
          transmitted to the Government.
          417. Bassem Mohammed Abdul-Rahman Altamini, from Al Nabi, Ramallah district
          on the West Bank, was arrested on 9 November 1993 by a team of officials from
          the army, the Shabak (General Security Service - GSF) and an undercover unit.
          He was allegedly beaten, hooded, hit on the head with an object and his head
          was struck against a wall. On 18 November he was transferred from Hadassah
        
          
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          Hospital to Ramallah prison hospital and a relative visiting him six days
          later observed that his head was swollen from injury and that he was having
          difficulty walking, sleeping and retaining food and water. He was allegedly
          denied medical treatment at Ramallah prison hospital so as to coerce him into
          making a confession.
          418. Sami Ismail Issa Fawaghreh, from Al-Khader village near Bethlehem on
          the West Bank, sustained severe head injuries in an automobile accident and a
          metal plate was put in his skull. In December 1990, at the time he was due
          to undergo another operation, he was arrested and during interrogation was
          allegedly struck on the head with a metal bar, rupturing the plate and causing
          him to go into a coma for three days. He was said subsequently to suffer from
          recurrent epileptic seizures. His condition was said to be continually
          deteriorating and his life to be at great risk without surgery to remove the
          broken plate, which was allegedly being denied to him by prison authorities.
          419. Makdam Makdad was sentenced to eight years' imprisonment in 1987 and had
          been kept in solitary confinement, despite being diagnosed as a schizophrenic.
          Prison authorities were said to have justified the treatment on the grounds
          that he had refused hospitalization in a mental health centre. The Gaza
          prison was said to lack facilities for psychiatric hospitalization and
          prolonged detention in solitary confinement was said to be likely to lead to a
          further deterioration in his mental health.
          420. The Special Rapporteur also transmitted information alleging that prior
          to the commencement of interrogation of a detainee by the secret service or
          military, a physician might be called upon to examine the detainee in order to
          determine whether he or she was physically fit to undergo such interrogation
          procedures as blindfolding and prolonged standing. It was alleged that the
          assessment of the physician was made in the form of responses to a
          questionnaire which the physician was requested to complete after examining
          the detainee. The Israeli Medical Association, responsible for regulating
          Israeli medical practices, has reportedly forbidden physicians to answer the
          questionnaires on the grounds that they contravened international norms and
          rules of medical ethics.
          Urgent appeals and replies received
          421. The Special Rapporteur transmitted an urgent appeal on 21 March 1994
          concerning Sha'wan Rateb Jabarin, a member of the human rights organization
          Al-Haq, who was arrested on 10 March 1994 at his home in Sa'ir Hebron
          district. He had reportedly been arrested on previous occasions and had
          served a total of 19 months of administrative detention since 1987, when he
          had allegedly been subjected to serious ill-treatment. He was said to suffer
          from a heart condition which necessitated regular medication.
          422. The Special Rapporteur transmitted another urgent appeal
          on 15 August 1994 concerning Hani Saleh ‘Abdullah Muzher, who was arrested
          on 13 July 1994 and taken to Ramallah prison for interrogation. He was denied
          access to a lawyer until 11 August, when he told his lawyer that he had been
          kept shackled in a painful position for prolonged periods, deprived of sleep
          for at least a week, and had received threats against his life and well-being.
          He had also slit his wrist on 20 July so that he could be treated to get a
        
          
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          break from interrogation. A doctor reportedly recommended that he should not
          be left alone in his cell and should be allowed to rest for one night. A
          statement from the State Attorney's Office was said to have indicated that
          Hani Muzher was sleeping like other detainees, but suggested that the
          situation might change depending on developments in the interrogation. In
          view of this statement and allegations of ill-treatment already undergone,
          fears were expressed that he might be subjected to further torture or
          ill-treatment.
          423. On 18 October 1994 the Government replied that Hani Saleh Abdullah
          Muzher, who was in Ramallah prison for questioning, had been prevented from
          having an unsupervised meeting with his attorney during the preliminary stage
          of his interrogation for security reasons. By an agreement reached between
          his attorney and the security services, it was decided that he could meet his
          attorney freely and without restrictions from 11 August. He had tried both
          on 14 and 30 July to injure himself by cutting his left wrist. He had
          received appropriate medical care, was checked daily by an orderly and, if
          necessary, by a doctor. His interrogators were instructed to take appropriate
          measures to prevent a recurrence of the attempts at self-injury. It was also
          agreed between the security services and his attorney that he was not to be
          deprived of sleep.
          424. On 17 November 1994 the Special Rapporteur transmitted an urgent appeal
          on behalf of Ahmad Ibrahim Sa'id, who was reportedly arrested on 29 June 1994
          and subsequently charged with activities on behalf of Hamas. Some time after
          his arrest he was allegedly hooded, beaten, shackled in painful positions for
          prolonged periods, and deprived of sleep. His interrogation was said to have
          resumed in Ashkelon prison on 20 September 1994, during which he was allegedly
          hooded, forced to stand for 18 to 20 hours per day and forced to sit on a
          chair in an uncomfortable position with his hands tied while interrogators
          pushed him in an attempt to make him fall. He was also said to have been
          threatened that he would be paralysed and unable to have children following
          his interrogation.
          Observations
          425. The Special Rapporteur notes that, consistent with his observations of
          last year (E/CN.4/1995/31, para. 358), the Committee against Torture at its
          twelfth session, following its consideration of Israel's initial report,
          expressed great concern “at the large number of heavily documented cases of
          ill-treatment in custody”. (A/49/44, para. 169)
          Ital y
          Information transmitted to the Government and replies received
          426. By letter dated 19 August 1994 the Special Rapporteur transmitted to the
          Government three cases of torture that allegedly occurred in the country and
          on 14 November 1994 the Government sent replies to those allegations. The
          allegations and the replies are summarized in the following paragraphs.
          427. Arsenie Reutu, a Romanian national arrested in Milan on 27 May 1993,
          reportedly told the court at a preliminary investigation on 29 May that the
        
          
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          police had beaten him and urinated on his head. The court was said to have
          noted the presence of bruises and other signs of injury on his thorax,
          abdomen, and back.
          428. The Government replied that the correct name of this person was
          Creaute Arsenie and that on 22 July 1993 he had filed a complaint with the
          Milan Public Prosecutor's Office and that the latter was investigating the
          alleged injuries.
          429. Antonio Morabito reportedly died in the custody of Turin police
          on 18 December 1993. Eye-witnesses had observed police officers kick and
          punch him, hit him with the butt of a gun and fire a shot close to his head.
          Autopsy and forensic reports were said to have established that he sustained
          severe injuries to the peritoneum resulting in an intestinal haemorrhage which
          caused his death. On 4 May 1994 the Public Prosecutor's Office reportedly
          requested that two police officers be committed for trial on manslaughter
          charges in the case.
          430. The Government replied that Jthtonio Morabito had been fleeing police who
          were pursuing him for suspected robbery and had jumped over several fences,
          falling heavily to the ground at least once. One hour after being taken to
          the police station he was found in a toilet lying on the floor and had died
          while being transferred to hospital by ambulance. The forensic examination
          ordered by the judge concluded that an internal haemorrhage was the cause of
          death. The haemorrhage was attributed to his falling, to the fact that his
          chest was struck by his car's steering wheel and to his poor physical
          condition. A hearing in the trial of the two officers charged with
          manslaughter was scheduled before the Turin court of criminal jurisdiction
          on 25 October 1994 with subsequent hearings scheduled for 17 and 18 November.
          431. Filippo Campanella was reportedly punched, kicked and beaten unconscious
          by members of the Palermo vigili urbani (local police) after he had asked
          permission to double park on a Palermo street. As a result, he allegedly
          sustained partial paralysis of his right leg. Fifteen officers were said to
          be under investigation in connection with the incident in a judicial inquiry
          opened in April 1993.
          432. The Government replied that four vigili urbani were arrested for
          abetment in personal injury, assault, abuse of power and breach of duty and
          that the trial before the Palermo court of criminal jurisdiction would be held
          on 12 April 1996.
          433. By the same letter the Government transmitted replies with regard to
          cases that had been transmitted in 1993 and about which the Special Rapporteur
          had reminded the Government in his communication.
          434. In the case of Ciro Esposito, who had allegedly been severely beaten by
          six carabinieri officers in Naples on 25 June 1992, the Naples preliminary
          hearing judge had found that none of the alleged facts amounted to crimes
          which the Public Prosecutor could prosecute by its own motion and that
          Ciro Esposito had not himself proffered any complaint against the carabinieri
          concerned. The case was thus filed by the judge.
        
          
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          435. Carmelo La Rosa had allegedly been beaten severely by prison guards at
          Gazzi prison and on the night of 24/25 June was found hanging in his cell.
          The Messina preliminary hearing judge had filed the case for the following
          reasons: at the time of the alleged suicide, the prison cell was occupied by
          only one other prisoner who had no reason to kill La Rosa; the medical officer
          had intervened immediately, having been called by the prison and so excluding
          the suspicion that penitentiary personnel had acted against La Rosa; and the
          forensic examination had concluded that La Rosa's death was due to a suicide
          and that his body had fallen to the floor because the belt he used to hang
          himself broke.
          436. In the case of Mazzara Biagio, who was reportedly beaten and burned with
          cigarettes by guards at Padua district prison in October 1992, a fight with
          the guards had broken out after he had punched a guard in the face while being
          transferred to the prison infirmary. He injured himself with a razor-blade
          that he was holding in his hand and later ingested voluntarily two similar
          razor-blades. Following judicial investigation pursuant to a request
          submitted by the Public Prosecutor, the Padua preliminary hearing judge
          ascertained that no crimes had been committed.
          437. The Government also responded with respect to allegations concerning
          the treatment of persons in some of the country's prisons. Some members of
          the Chamber of Deputies and delegates of the Chamber of Deputies' Justice
          Commission in September-October 1992 inspected Asinara penitentiary in
          Sardinia and concluded that the prisoners had not suffered any ill-treatment.
          An inquiry into complaints by prisoners at Buoncammino penitentiary in
          Cagliari, Sardinia, undertaken by the Sardinia Regional Inspector of
          Penitentiary Administration pursuant to a December 1992 order by the Ministry
          of Justice, concluded that the grounds for complaint were due to general
          problems concerning the standard of living inside the penitentiary such as
          overcrowding and the poor condition of the building.
          438. Complaints by prisoners at the Due Palazzi penitentiary in Padua,
          Venetia, regarding ill-treatment and poor sanitary conditions could not be
          verified by the Venetia Regional Inspector of Penitentiary Administration.
          However the allegations were under investigation by the local Public
          Prosecutor's Office, which was endowed with the necessary power to carry out
          a judicial inquiry, and the procedure was continuing.
          439. The magistrate responsible for Pianosa penitentiary in September 1992
          expressed the suspicion that some cases of ill-treatment had taken place
          inside the prison and ascertained that the poor maintenance and overcrowding
          at the Agrippa branch could not assure a good standard of living. The Livorno
          Public Prosecutor's Office was proceeding with further investigations to
          determine who was liable for the personal injuries of some prisoners.
          440. The Parliamentary Committee for penitentiary problems of the Chamber
          of Deputies' Justice Commission twice visited the Secondigliano penitentiary
          in Naples and expressed serious concern about general conditions and
          ill-treatment of prisoners. The Public Prosecutor's Office, following
          investigations, requested the committal for trial of the inspector of the
          penitentiary and other penitentiary police officers for various crimes,
          including ill-treatment of prisoners. After judicial inquiry, the preliminary
        
          
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          hearing judge ordered the committal for trial of six defendants. The
          proceeding commenced on 30 October 1993 and was ongoing. On 6 April 1994 the
          director of the penitentiary was suspended from his office and arrested by
          order of the Naples preliminary hearing judge.
          Japan
          Information transmitted to the Government and replies received thereon
          441. By letter dated 29 June 1994 the Special Rapporteur advised the
          Government that he had received information according to which suspects held
          in police custody prior to indictment were kept in detention facilities known
          as “substitute prisons” ( daiyo kangoku ) . While in principle police are
          required to present a detainee to a prosecutor within 48 hours of being taken
          into custody, detention for a period of up to 20 days may be authorized by
          order of a judge or, upon application, by a prosecutor. Following this period
          suspects must either be released or indicted and transferred to a prison or
          detention house. The 22-day period of pre-indictment detention in “substitute
          prisons” was said to create conditions under which torture or ill-treatment
          was likely to occur, as suspects were placed under the permanent control of
          the police.
          442. Under these circumstances police investigators were said frequently
          to subject suspects to interrogation sessions of more than 10 hours per day
          without effective control, since records of the date and length of
          interrogation sessions were not available to detainees, lawyers or courts.
          “Confessions” signed by suspects during interrogation were said to be
          statements prepared by interrogators, not records of question and answers. As
          a result, there was no record accessible to lawyers or courts of the manner in
          which a confession was obtained, other than a record of the time of day it was
          signed. It was reported that lawyers were not permitted to be present during
          the interrogation of suspects and that government-funded legal aid was not
          available to suspects held in “substitute prisons”, as only defendants against
          whom an indictment had been drawn were eligible for such legal aid.
          443. Reports also indicated that “substitute prison” detainees did not have
          access to independent medical attention. Persons requesting medical attention
          could meet with medical doctors commissioned by district police authorities.
          However, details of such visits and the findings of the doctor were recorded
          on a log kept by the authorities in charge of detention to which detainees,
          lawyers or courts had no access. Courts which requested details of medical
          findings were, in practice, merely provided by police with a summary of the
          log entry.
          444. On 18 November 1994 the Government replied with regard to this general
          information that a number of systems and measures had been adopted and
          implemented to prevent coerced confession and to guarantee the rights of
          detained suspects. These included: the complete separation of the
          investigation branch from the branch in charge of custodial management in the
          police; a system of filing complaints regarding treatment and human rights in
          accordance with the regulations concerning the custody of suspects; an appeal
          system ( jun-kukoku ) against a judge's system of detention; habeas corpus
          remedies; rights of communication with and visits by the defence counsel;
        
          
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          inspection of prison and detention facilities, including “substitute prisons”,
          by judges and prosecutors; supervision by prosecutors of the interrogation by
          police officials; civil remedies under application to civil liberties
          commissioners; the legal requirement of exclusion of confessions obtained by
          coercion from evidence and the obligation of the courts to examine the
          voluntary nature of confessions; and a remedy system under the State Redress
          Law.
          445. The Government stated that although there might be a few exceptional
          cases in which an interrogation lasted for hours, in order to fully listen to
          the explanation of a suspect, public prosecutors at all times conducted
          interrogations with due consideration so as not to impose excessive burdens
          upon a suspect. Although the statement of a suspect was not made in the form
          of questions and answers, the suspect was notified in advance that he or she
          could refrain from making any statement against his or her will and after
          being read the statement could make revisions or corrections before signing.
          Although defence counsel was not allowed to inspect the records or be present
          during interrogation, counsel could “grasp the situation of the interrogation”
          through private interviews with detainees.
          446. As to medical care, doctors came twice monthly to police custodial
          facilities and all prisoners received periodic medical examinations. Although
          records of medical care were not made public so as to protect prisoners'
          privacy, they could be presented to the court as evidence at the request of
          the judge, if necessary.
          447. The Special Rapporteur also transmitted information about the case
          of 1-luang Yuwei, a Chinese national residing in Japan, who was arrested
          on 8 June 1993 in the Kabukicho area of central Tokyo. When unable to produce
          his identity card for a policeman because he had left it at home, he was
          brought to the police station, whereupon he was allegedly beaten severely by
          two officers, who then released him. Three hours later, he was reportedly
          rearrested and taken to the same police station where his hands and legs were
          tied and he was beaten so severely that he was unable to walk. An examining
          medical doctor was reported to have determined that his injuries would take
          two weeks to heal.
          448. The Government replied that following a complaint on 8 June 1994 by
          Huang Yuwei, his case was under investigation by the Tokyo District Public
          Prosecutors Office. On 1 March he also filed a civil suit against the
          Metropolis of Tokyo. According to the Metropolis, the first time that police
          encountered him they did not take him to the police station, but cautioned him
          not to affix signboards to roadside poles, as it was illegal, and that he
          would be arrested if he again failed to carry his alien registration
          certificate. When four hours later he was found without the certificate, he
          was requested to come to the police box and he struggled to escape. Inside
          the police box he thrashed his arms and legs and because he was likely to hurt
          himself and others the policeman restrained him and took him to the station.
          There was no violence as reported.
          449. The Special Rapporteur also transmitted information indicating that many
          prisoners sentenced to death were held in solitary confinement indefinitely
          and some had been denied medical attention when they requested it or had been
        
          
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          given only perfunctory and inadequate medical treatment. One such case was
          that of Nagata Hiroko, whose 1982 death sentence was confirmed by the
          Supreme Court in February 1993. In 1984 she had undergone an operation for a
          brain tumour but continued to suffer pain and fainting spells. By May 1993
          she was reportedly so weak that she could barely walk unaided and for several
          consecutive days she suffered prolonged vomiting spells, despite which she was
          refused a change of clothes. Although she was in need of sustained medical
          attention and requested to be hospitalized, this request was allegedly
          refused.
          450. The Government stated that since her operation Nagata Hiroko had received
          periodic examination by brain surgeons and her condition remained more or less
          the same. Although she complained in 1993 that she had vomited, the vomit was
          only S cc in volume and it did not include the contents of her stomach. No
          evidence supports that she had requested a change of clothes at that time.
          451. The Special Rapporteur transmitted another letter to the Government
          on 10 October 1994 concerning the case of Yoichi Isoe, aged 50, who reportedly
          has been held in solitary confinement since September 1982 in Asahikawa prison
          in Hokkaido. His placement in solitary confinement was not ordered pursuant
          to any infraction, but may have been undertaken in retaliation for three
          lawsuits he had filed against the detention centre in which he had previously
          been held. The only person he spoke to was his lawyer, about three or four
          times a year, in conversations always monitored by a guard present and only in
          regard to his lawsuit. Speaking or other vocalization was said to be strictly
          forbidden in solitary confinement, and Mr. Isoe reportedly was experiencing
          difficulty in speaking during his meetings with his lawyer. Although he was
          permitted one 30-minute family visit per month, his only living relative is an
          elderly mother for whom it was extremely difficult to travel to the prison,
          which is located on an island a great distance from where she lives. She had
          reportedly visited him only twice during his stay in prison.
          452. The Government replied that it refrained from disclosing facts regarding
          specific cases of treatment of inmates in penal institutions in order to
          protect the rights, the honour and privacy of the concerned. Generally, the
          purpose of solitary confinement is to protect the inmates who have trouble
          associating with others or have difficulties in living in a group because of
          their physical disabilities. It has made correctional treatment more
          effective and has contributed to the protection of inmates and officers.
          Jordan
          Information transmitted to the Government and replies received
          453. By letter dated 5 August 1994 the Special Rapporteur advised the
          Government that he had received information indicating that persons detained
          by the General Intelligence Department (GID) were almost invariably held in
          incommunicado detention, sometimes for weeks or months. They were said to be
          held without access to lawyers or judges until their interrogation was
          concluded and a confession, if required, was taken. Under the Code of
          Criminal Procedure, public prosecutors were reportedly permitted to renew
          indefinitely the detention of suspects for periods of up to 15 days at a
          time and could forbid all contacts with detainees for renewable periods of
        
          
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          up to 10 days at a time. During such periods of incommunicado detention,
          incidents of torture or ill-treatment were reported to occur. Beatings,
          including falaga (beatings on the soles of the feet), were said to be
          administered in an underground corridor known as Saha , within GID headquarters
          in Amman.
          454. Persons detained in non-political cases by the Public Security
          Directorate (PSD) were said commonly to undergo torture or ill-treatment, but
          such incidents were generally not properly investigated. In one reported
          incident, Ahmad Mustafa was allegedly beaten in PSD custody in Ma'an in
          February 1993. He was reportedly hospitalized as a result of the beatings,
          but a request for an investigation and compensation by his lawyer was said to
          have gone unanswered.
          455. On 21 November 1994 the Government informed the Special Rapporteur that
          nothing that would contravene its international or national legal commitments
          had occurred in GID prisons. An individual questioned by the General Attorney
          is legally entitled to have a defence lawyer present during the entire
          investigative process. If, however, the General Attorney deems that the
          investigation has to be expedited for fear that evidence might disappear or
          that communication may make it possible for partners of the suspect to escape,
          he may exceptionally proceed without the lawyer's presence. The Government
          also stated that the allegations regarding the existence of places where
          torture takes place as well as the means and instruments of the alleged
          torture were totally unfounded.
          Kenya
          Information transmitted to the Government
          456. By letter dated 21 July 1994 the Special Rapporteur informed the
          Government that he had received allegations of torture or ill-treatment in the
          individual cases described in the following paragraphs.
          457. David Njenga Ngugi was arrested with five other persons and charged with
          robbery. He allegedly suffered torture to his genitalia and feet and was
          thereafter denied medical treatment. The Nairobi Chief Magistrate was said to
          have ordered that the six defendants receive medical attention from their own
          doctors while on remand, but it was unknown whether they had received such
          treatment.
          458. Thomas Njoroge and Stephen Mama were arrested in early November 1993 at
          Namanga, near the border with the United Republic of Tanzania. They were
          allegedly tortured during a week-long detention in Criminal Investigation
          Department custody and were later denied medical treatment at Kamiti prison in
          Nairobi.
          459. Ephran Muchiri Muhoro, Jimmy James Waigwa, and Samuel Mwangi Kariuki
          were among a group of persons arrested in Nakuru in November 1993 and
          subsequently tried for armed robbery. They were said to have been tortured in
          police custody and to have required medical attention. According to the
          allegations, Ephran Muchiri Muhoro suffered a ruptured bladder and a fractured
          leg, Jimmy James Waigwa suffered a burst eardrum and loss of hearing, and
        
          
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          Samuel Mwangi Kariuki received an injury to his hip. The three were ordered
          released by the Nakuru magistrate on 28 January 1994 when the charges against
          them were dropped.
          Urgent appeals
          460. The Special Rapporteur sent an urgent appeal to the Government
          on 18 July 1994 on behalf of Geoffrey Kuria Kariuki; Anthony Njuguna Njui,
          a local official of the Ford-Asili party and former councillor in Mob;
          John Kinyanjui, a member of the group Release Political Prisoners (RPP) ; and
          Jimmy James Waigwa. These persons were reportedly arrested during the weekend
          of 9 and 10 July 1994 and were being held incommunicado in police detention in
          Nakuru police station. Geoffrey Kuria Kariuki was allegedly severely tortured
          and a habeas corpus application was reportedly being filed by his lawyer in
          the High Court because he feared for his life. Fears were expressed that the
          other men were also at risk of torture.
          461. The Special Rapporteur sent another urgent appeal concerning the same
          cases to the Government on 15 August 1994. According to further information
          received, Anthony Njuguna Njui was arrested again on 30 July 1994, his family
          and lawyers were denied permission to see him and he had not been brought
          to court or charged. Geoffrey Kuria Kariuki and George Muragu Ichangai
          were among six defendants charged with violence and possession of firearms
          on 19 July 1994. They alleged that they had been tortured in custody and the
          presiding magistrate ordered that they should receive medical treatment before
          he would hear their pleas. Geoffrey Kuria Kariuki, suffering from headaches
          and eye pains, was reportedly disoriented and the examining doctor recommended
          that he be given a brain scan. George Muragu Ichangai was said to be
          suffering pain when passing urine and the doctor reportedly recommended an
          examination of his bladder. It was alleged that neither of the two men had
          been given access to the treatment recommended for them.
          462. On 2 December 1994 the Special Rapporteur advised the Government that
          he had received information indicating that Geoffrey Kuria Kariuki, held in
          Nakuru prison, had on 14 October undergone a brain scan which revealed the
          presence of a subdural haematoma, a condition said to require immediate
          surgery. The surgeon who later saw him requested a second opinion on the
          scan, but none had yet been received, nor had Geoffrey Kuria Kariuka received
          any treatment. It was feared that without a new scan and, if appropriate, an
          operation, he was at risk of a serious deterioration in his state of health.
          Kyrqyzstan
          Information transmitted to the Government
          463. By letter dated 17 August 1994 the Special Rapporteur advised the
          Government that he had received information concerning three minors,
          Valery Fyodorov, Vitaly Rakitin, and Dmitry Frolov, who were reportedly
          detained in March 1994 by police in Bishkek on suspicion of threatening the
          life of a police officer. The three were said to have been tortured into
          confessing to the crime. Vitaly Rakitin and Dmitry Frolov were allegedly
          beaten about the head, punched in the chest and in the kidney area, and thrown
          against the wall during two days of questioning at Sverdlovsk district police
        
          
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          station. Vitaly Rakitin was also said to have had a gas mask placed over
          his face with the air supply shut off to prevent him breathing freely.
          Vitaly Rakitin and Dmitry Frolov, who subsequently withdrew their confessions,
          were conditionally released pending trial but at the end of April
          Valery Fyodorov was still in detention. The Ministry of Internal Affairs
          was reportedly investigating the allegations of ill-treatment.
          Lebanon
          Urgent appeals
          464. The Special Rapporteur made four urgent appeals to the Government on
          behalf of the persons mentioned in the following paragraphs. The dates on
          which the appeals were transmitted appear in brackets at the end of the
          corresponding summaries.
          465. Georges Habib Haddad was reportedly arrested on 23 December 1993 at
          his workplace in the Ministry of Housing in Beirut by armed men in civilian
          clothes who produced no warrant. He was allegedly detained for 37 days,
          mostly in solitary confinement, and subjected to torture, resulting in his
          suffering a broken arm and several other injuries. No medical treatment
          reportedly was being provided to him (8 March 1994)
          466. Fouad Malek, a retired officer and leader of the Lebanese Forces Party,
          was reportedly arrested in Beirut on 23 March 1994 and charged with financing
          and organizing a bomb attack on Notre Dame de la Délivrance Church at
          Youk Mikhael on 20 February 1994. He was being held incommunicado at the
          Ministry of Defence in Beirut, where according to his lawyer he had been
          subjected to torture or ill-treatment (7 April 1994)
          467. About 20 members of the Lebanese Forces, a political party banned
          by the Government, were reportedly arrested and held for interrogation in
          the Ministry of Defence in Yarzeh, some of them in connection with the
          aforementioned church bombing. Fouad Malek, the subject of the 7 April urgent
          appeal, was allegedly kept in a very small cell where he could only stand and
          was subjected to sleep deprivation. Dr. Samir Geagea, the head of the
          Lebanese Forces political party, was also detained. Fawzi al-Rasi reportedly
          died in custody on 22 April and Hanna ‘Atiq was said to be in intensive care
          in hospital after spending two weeks under interrogation in the Ministry of
          Defence. Fears were expressed that they as well as the other detainees had
          been tortured and that they were at continued risk of torture (28 April 1994)
          468. Dr. Samir Geagea, a subject of the 28 April appeal, was arrested
          around 20 April 1994 and taken to the Ministry of Defence in Beirut for
          interrogation. When presented before a judge on 24 and 29 April, he
          reportedly showed signs of exhaustion and loss of weight. He had not been
          examined by a doctor (13 May 1994)
        
          
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          Libyan Arab Jamahiriya
          Urgent appeals
          469. On 22 March 1994 the Special Rapporteur sent an urgent appeal to the
          Government concerning the following persons reportedly detained in the
          aftermath of rebellion by army units around the city of Misrata in
          October 1993: Col. Mahammad Abdul ‘Ati al-Buma, Col. Miftah Qarrum
          al-Wirfalli (who suffers from leukemia), Col. Sa'ad Misbah al-A'Rusi,
          Lt-Col. Daw al-Salihin (reported to have had his leg amputated as a result
          of injuries sustained during torture), Lt-Col. Ahmad al-Du'ayki,
          Lt-Col. Muhammad Bashir, Major Abdul Salam al-Waa'ir, Lt. Abdallah al-Waa'ir,
          Major Ramadan al- ‘Ayhuri, Major Muhammad al-Ghul, Saad Al-Wirfalli,
          Major Khalil Salam al-Jidiq, Sa'd Musbah Sa'd al-Amin al-Zubaydi,
          Dr. Musa al-Keilani, Ali Faraj Zai'd and Fathi Hamid. These persons were
          reportedly being held incommunicado at unknown locations. Three of the
          detainees had reportedly appeared on television confessing to having been
          recruited as American intelligence agents by members of the National Front for
          the Salvation of Libya, an opposition group in exile.
          Mauritania
          Urgent appeals
          470. On 3 October 1994 the Special Rapporteur transmitted an urgent appeal
          to the Government on behalf of nine persons among a group of 34 who were
          arrested around 25 September 1994 in Nouakchott and other areas and accused
          of membership in a clandestine organization. They were Mohammed Cheick Ould
          Sidi Yahya, Imam of Sebkha mosque and President of the unofficial Islamist
          political party “Umma”; Jthoubekrin Ould Ahmed, former Minister of Culture and
          Islamic Orientation; Hassan Ould Moulay Ely, a municipal councillor and member
          of the Union des forces démocratique (UFD); Abdallah Ould Reggad, an appeal
          court judge; El Hadj Jthdelazziz Sy, Imam of El Mina mosque and Vice-President
          of “Umma”; Mohamed Moctar Ould Gaguih, former Director of Islamic Orientation
          at the Ministry of Culture and Islamic Orientation; Jemil Ould Mansour, a
          journalist; Mohamed Ould Ragel, a municipal councillor and UFD member; and
          Vall Ould Wreg. Some of these persons were allegedly beaten at the time of
          their arrest and some were reportedly taken to the Ecole de police nationale
          at Nouakchott where they were being held incommunicado.
          Mexico
          Information transmitted to the Government and replies received thereto
          471. By letter dated 29 March 1994, the Special Rapporteur advised the
          Government that he had received information regarding cases of torture alleged
          to have been carried out in connection with political events which occurred in
          the State of Chiapas in January 1994. The torture, reportedly used by members
          of the army in order to extract confessions from persons about alleged links
          with the Zapatista National Liberation Army (EZLN) , was said to have consisted
          typically of blindfolding the detainees and tying their hands behind their
        
          
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          backs, beating them, immersing their heads in water, threatening them with
          death and depriving them of food. The individual incidents or cases referred
          to in the following paragraphs were reported in particular.
          472. On 7 January, some 800 soldiers reportedly charged into the Morelia
          community in the municipality of Altamirano and forced most of the poplulation
          to leave their homes and assemble in the sports field. Twenty-eight persons
          were then taken to the Comitmn military barracks and allegedly beaten and
          burned on various parts of their body while being interrogated about
          membership in the EZLN.
          473. Noé HernIndez Caballero and Adela Gômez Martinez were arrested
          on 8 January 1994 at a military post outside of Motozintla. With respect
          to these persons, the Government stated that the National Human Rights
          Commission had received a complaint, but that it was not possible to carry out
          an investigation owing to lack of cooperation from the alleged victims.
          474. Juan Diego HernIndez Garcia was arrested by army members
          on 5 January 1994 and allegedly tortured in various locations between
          Altamirano and ComitIn.
          475. On 6 June 1993 members of the public security forces, the State
          judicial police and the cavalry reportedly carried out an operation in the
          towns of Chalam del Carmen, Rio Florido, Nuevo Sacrificio, Eden del Carmen
          and El Carrizal in the State of Chiapas and arrested Eliseo Lôpez Gômez,
          Jorge Santiz Lôpez, Sebastian Lôpez Gômez (aged 80), Domingo Lôpez Gômez,
          Moisés Gômez Santiz, Victor Lôpez Gômez, Juan Santiz Gômez, Agustin Lôpez
          Gômez, Daniel Santiz Lôpez, Felipe Lôpez Santiz, Mariano Lôpez Santiz,
          Domingo Lôpez Gômez (aged 102), Hector Santiz Lôpez, Antonio Lôpez Santiz,
          Diego Lôpez Santiz (aged 15), Gustavo Santiz Gômez, Epitacio Lôpez Gômez
          (aged 90) , Manuel Santiz Gômez, Mauricio Lôpez Santiz, Alonso Lôpez Santiz,
          Mauricio Lôpez Santiz, Jorge Lôpez Santiz (aged 14) , Sebastian Santiz
          Rodriguez. They were reportedly taken to the Cerro Hueco prison in Tuxtla
          Gutiérrez and during three days of detention were allegedly beaten, subjected
          to electric shocks, and had alcohol forced into their noses. They were said
          to have been forced to sign “confessions” written in Spanish, despite the fact
          that many of them did not know the language.
          476. The Special Rapporteur also provided to the Government the following
          list of persons allegedly tortured in Chiapas in January 1994: Alejandro
          Mufloz Ruiz, Alfredo Garcia Lôpez, Anselmo Perez Lôpez, Anselmo VelIzquez
          Gômez, Antonio Méndez Lôpez, Antonio Santiz Lôpez, Armando Lôpez Santiz,
          Armando Méndez Santiz, Artemio Morales Lôpez, Carmelino Santiz Luna,
          Celestino Lôpez Perez, Celestino Rodriguez Gômez, Domingo Santiz Gômez,
          Ef rain Lôpez Santiz, Florindo Lôpez Sanchez, Francisco Gômez Santiz,
          Francisco Sanchez Gômez, Gilberto Méndez Santiz, Guadalupe Santiz Gômez,
          Guillermo Badillo Brafla, Guillermo Sanchez Lôpez, Ignacio Lôpez Gômez,
          Ignacio Lôpez Santiz, Jacinto Santiz Encin, Javier Gômez Lôpez,
          Jesus Mendoza Lôpez, Joaquin Lôpez Sanchez, Jorge Garcia Santiz, Juan Diego
          Hernández Gômez, Manuel Lôpez Santiz, Manuel Martinez Huet, Manuel Moshan
          Culej, Manuel Santiz Perez, Marcos Hernández Jiménez, Marcos Santiz Lôpez,
          Mario Santiz Encin, Martin Perez Gômez, Martin Santiz Hernández,
          Miguel Martinez Huet, Pedro Hernández Jiménez, and Pedro Lôpez Santiz.
        
          
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          477. In connection with the incidents in Chiapas the Government sent a copy
          of a report by the National Human Rights Commission of 22 February 1994 which
          summarized its findings regarding human rights violations. At that date the
          Commission had received 80 complaints of torture. The report states that,
          undoubtedly, various persons had committed human rights abuses in Chiapas, but
          they were all being investigated impartially and in depth. On 24 October 1994
          the National Human Rights Commission sent another report to the Special
          Raporteur explaining the circumstances in which the above-mentioned persons
          had been arrested. With respect to some of them, it was reported that medical
          examinations had been conducted and that the persons in question bore injuries
          which were slight; in none of the cases was evidence found indicating that the
          persons had been subjected to torture.
          478. The Special Rapporteur also transmitted to the Government the case of
          Valentin Mejia Dominguez, from Independencia Jiutepec, Morelos, arrested by
          the State judicial police on 29 January 1993 and allegedly subjected to
          torture.
          Follow up to cases already transmitted to the Government
          479. The Special Rapporteur also advised the Government of new information
          he had received in connection with the cases referred to in the following
          paragraphs, which were transmitted in previous years.
          480. On 21 August 1992, the Special Rapporteur transmitted to the Government
          a summary of the complaints received regarding David Cabaflas Barrientos,
          Aria Maria Vera Smith and Blanca Lirio Muro Gampoa, who were arrested
          on 12 and 13 June 1990, allegedly subjected to torture, and were serving a
          sentence in the North Remand prison of Mexico City. On 16 November 1992 the
          Government reported on the action taken by the National Human Rights
          Commission in the cases and noted that the representatives of the claimants
          had not submitted the documents required by the Commission. The new
          information received by the Special Rapporteur reiterated that the
          above-mentioned persons, activists of the People's Union Clandestine Workers'
          Revolutionary Party (PROCUP) and the Poor Peoples' Party (PDLP) , and
          Felipe Edgardo Canseco Ruiz were held by members of the judicial police of the
          Federal District and subjected to such torture as electric shocks, near
          suffocation by application of a strong jet of water in their nostrils and
          placing of plastic bags over their heads. The torture was allegedly carried
          out to force them to reveal information about their political activities and
          confessions obtained under torture were used as incriminating evidence against
          them in subsequent judicial proceedings. The details of the injuries appeared
          in the report of the forensic physician attached to the records of the case.
          In their complaint of torture lodged with the National Human Rights
          Commission, they reportedly submitted in a timely manner evidence of the
          prolonged detention and certificates of the injuries they sustained. The
          Commission had also received a copy of the records of the case from the judge
          who had been hearing the criminal case since February 1991. Despite this
          submission, the Commission still had not expressed an opinion on the case.
          481. On 18 October 1991, the Special Rapporteur informed the Government
          that he had received reports about the cases of Pablo Torres Hernmndez,
          Enrique Itehua Salas, Juan Gonzalez Hernmndez and Hermenegildo Torres Cruz,
        
          
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          who were arrested in August 1991. Additional information received indicated
          that these PROCUP and PDLP activists, imprisoned in the North Remand prison
          of Mexico City, had been arrested by members of the judicial police of the
          Federal District and subjected to torture. At the premises of the judicial
          police of Cabeza de JuIrez, Pablo Torres Hernmndez was subjected over the
          course of several days to various forms of torture, including near-suffocation
          with a plastic bag; beatings in the stomach, testicles and back and around the
          lungs; a beating on the face which caused him to lose consciousness; mock
          executions by firing squad; striking of both ears simultaneously with the
          palms of the hand; burnings with cigarettes; and application of electric
          shocks. Hermenegildo Torres Cruz was injured by several gunshots at the time
          of his arrest and was reportedly subjected to such torture as beatings with
          firearms while he was injured, death threats, mock executions by firing squad
          and striking of both ears simultaneously with the palms of the hands. On the
          basis of the confessions that they were forced to sign, the activists were
          tried and sentenced to several years' imprisonment. The cases were reported
          to the National Human Rights Commission, which had not yet given an opinion
          on them.
          482. On 21 August 1992, the Special Rapporteur transmitted to the Government
          the cases of Italo Ricardo Diaz, Delfino de Jesus Aguilar Hernmndez,
          Rey Venegas Castro and Ruben Diaz Diaz, who were arrested in June 1991 by
          members of the judicial police in Mexico City and allegedly subjected to
          torture. The Government subsequently replied that the National Human Rights
          Commission had not been able to compile all the documents of the case because
          the representatives of the complainants had not provided all the documentation
          required. The additional information about the detention of these persons,
          who were serving sentences in the North Remand prison of Mexico City, included
          medical certificates and statements by witnesses and repeated that they were
          subjected to torture such as beatings all over their bodies, the introduction
          of icy and mineral water into their nostrils, electric shocks, threats of
          death and disappearance, and near-suffocation by placing plastic bags over
          their heads. They were also forced to sign confessions which were used
          against them afterwards in judicial proceedings. On 24 October 1994 the
          Government replied that an investigation had been opened in order to determine
          the responsibility of members of the Judicial Police and agents of the Public
          Ministry in the prolonged detention and torture of the above-mentioned
          persons.
          483. On 26 August 1993 the Special Rapporteur transmitted to the Government
          the case of Manuel Manriquez San Agustin, an inmate at the North Remand prison
          of Mexico City, who had been sentenced to several years in prison allegedly on
          the basis of confessions obtained under torture. The National Human Rights
          Commission found evidence of torture and recommended that the Office of the
          Attorney-General should carry out an investigation. On 25 August 1994 the
          Special Rapporteur sent a further letter to the Government requesting
          information about the measures taken in order to follow up the above-mentioned
          recommendation. Subsequently, the Government sent a note summarizing the
          measures taken by the Offices of the Attorney-General and the Government
          Procurator of the Federal District against those presumed to have some kind of
          responsibility. With regard to some of these officials, it was decided that
          no offence had been committed; with regard to others the investigation has not
          yet been completed. In the matter of the “recognition of innocence” put
        
          
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          forward by Mr. Manriquez, the High Court of Justice of the Federal District
          decided to declare the case inadmissible on the grounds that it did not
          correspond to any of the hypotheses envisaged by article 614 of the Code of
          Penal Procedure.
          Urgent appeals
          484. On 31 January 1994 the Special Rapporteur transmitted an urgent
          appeal on behalf of Severiano Santiz Gômez, Sebasatimn Santiz Lôpez and
          Hermelindo Santiz Gômez, members of the Tzeltal indigenous community of
          Morelia, Altamirano Chiapas, arrested on 7 January 1994 by the army and
          allegedly ill-treated. Thirty-one other persons were arrested during the same
          incident and were said to have suffered beatings and burns. In his letter
          of 29 March, the Special Rapporteur advised the Government that he had
          received further information indicating that the above-named persons' bodies
          had been found on 11 February 1994 and that at the time of their arrest they
          were brutally tortured in the presence of witnesses.
          485. The Special Rapporteur transmitted another urgent appeal to the
          Government on 5 July 1994 on behalf of Maria Teresa Méndez Smntiz,
          Cristina Méndez Smntiz, aged 18, and Maria Méndez Smntiz, members of the
          indigenous community of Tzeltal Altamirano, Chiapas, who were reportedly
          detained on 4 June 1994 by members of the army between the localities of
          Santa Rosita Sibaquil and Altamirano. They were allegedly tortured and raped
          by about 30 soldiers who tried to force them to confess to participation in
          the EZLN. A medical examination subsequently corroborated the rape
          allegations.
          Observations
          486. The Special Rapporteur is concerned at the continuance of “an extremely
          large number of acts of torture of all kinds” (Committee against Torture,
          A/48/44, para. 228; see also the comments of the Human Rights Committee,
          A/49/40, para. 172) . He is also disappointed by the limited results of the
          recently established National Human Rights Commission. In one of the few
          instances where it has made a clear finding, the responsible legal bodies have
          contrived to deny a remedy to Manuel Manriquez San Augustin, whose case is
          described above (para. 483) and in previous reports (E/CN.4/1994/31,
          para. 385).
          Mozambigue
          Information transmitted to the Government
          487. By letter dated 5 August 1994 the Special Rapporteur advised the
          Government that he had received information indicating that suspects held at
          police stations were routinely kicked, severely beaten, or flogged with a whip
          known as chamboco . Although the law requires suspects to be delivered
          promptly to the criminal investigation of the Policia da Repüblica de
          Moçambique (PRM) and to be brought before a judge within 48 hours, the
          procedures were said often to be disregarded.
        
          
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          488. The cases summarized in the following paragraphs were also transmitted to
          the Government.
          489. Calisto Person was detained in Sofala province on 25 November 1993
          and was not delivered until 6 December 1993 to the criminal investigation
          department in Beira. There he was allegedly beaten and tortured, resulting in
          the partial loss of use of his right arm. It was reported that the incident
          was being investigated by the Comissäo de Cesar Fogo (Cease-Fire Commission),
          which was established to monitor the cease-fire agreed to in 1992 by the
          Government and the Resistência Nacional Moçambicana (RENAMO)
          490. Jose Antonio Magalhäes of Nampula province was reportedly arrested in
          January 1994 after a quarrel with an off-duty policeman, taken to a police
          station and allegedly beaten repeatedly.
          491. Reports were also received according to which the Força de Intervençäo
          RIpida (FIR) , established to carry out protection and crowd control duties
          during important public events or in response to crises, had carried out
          assaults on civilians. The FIR was said to lack adequate training for normal
          police work. In one reported instance, the FIR was called out to a Maputo
          suburb on 5 December 1993, after a number of youths fought each other.
          Members of FIR allegedly broke into the home of Virginia Lopes, whose son had
          reportedly been involved in the brawl, and beat her and broke her arm.
          Myanmar
          Urgent appeals made and replies received
          492. The Special Rapporteur made three urgent appeals on behalf of the persons
          mentioned in the following paragraphs. The dates on which the appeals were
          transmitted appear in brackets at the end of the corresponding summaries.
          493. The following Karen women from Taw Kyauk village were arrested
          on 13 March 1992 by officials of the Slorc (State Law and Order Restoration
          Council) under accusation of supporting the Karen Women's Organization:
          Naw Hey Say, Naw San Win, Naw Dah Dah, Naw Nay Blut, Naw Wah, Naw Kyu Kyu,
          Naw Hla Ngwe, Naw Tin Kyi, aged 15, and Naw San Myint Htay, aged 17. In the
          course of the arrest they were each allegedly beaten brutally, two of them
          were raped and one was stabbed with a bayonet in both thighs. Thereafter,
          they were tied up and taken to the Toungoo jail. They were being held in
          detention and fears were expressed that they might still be subjected to
          torture or ill-treatment (21 December 1993)
          494. Khin Zaw Win was arrested on 4 July 1994 by members of Military Branch
          Three at Yangon airport as he tried to board a plane for Singapore, where he
          was a student. It was not known where he was being held (19 July 1994)
          495. In August 1994 the Government informed the Special Rapporteur that action
          was being taken against Khin Zaw Win under the 1923 Union Government Official
          Secret Act.
          496. Khin Maung Swe, MP-elect and a member of the Central Executive Committee
          of the opposition National League for Democracy (NLD), Daw San San Nwe a
        
          
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          writer and U Sein Hla Oo, a journalist and the daughter of Daw San San Nwe,
          were reportedly arrested in Yangon on 4 or 5 August. Their place of detention
          was unknown (11 August 1994).
          Information received from the Government on cases included in previous reports
          497. On 3 November 1993 the Special Rapporteur transmitted to the Government
          allegations in the cases of U Aye Lwin, Nai Sein Aung Kyi, Maung Nyan Pwa and
          U Aung Them. On 24 January 1994 the Government replied that the individuals
          had not been subjected to torture and ill-treatment in Myanmar. The
          Government also submitted information with respect to these cases, which is
          summarized in the following paragraphs.
          498. The Special Rapporteur had received information indicating that Aye Luwin
          died in December 1992 from internal injuries sustained after a severe beating
          by a prison official at Insein prison. According to the reply by the
          Government, U Aye Lwin had not been subjected to torture at Insein prison.
          In November 1992 he fell ill and vomited blood and was taken to the prison
          hospital on 27 November, but died from his illness. A post-mortem carried out
          by the police surgeon at Yongon General Hospital showed no external injury to
          the body and no fractures to the skull, vertebrae or ribs. His heart and
          valve were swollen and his liver showed signs of chronic heart disease. The
          cause of death was certified as an inflammation of the heart muscles and
          cardiac arrest.
          499. According to the information transmitted to the Government, Nai Sein
          Aung Kyi had been arrested and beaten severely and his wife, Mi Thaw, had been
          raped by members of the State Law and Order Restoration Council (SLORC)
          Infantry Battalion No. 31. According to the Government, Naing Sein Aung Kyi
          was picked up while drifting alone in Thanbyuzayt by the No. 62 Infantry
          Battalion and he asked to be a guide for military operations. He was taken to
          the No. 31 Infantry Battalion where he rested for four days and resumed his
          work as a guide. The allegation that his hands were broken was untrue. His
          wife was in fact a person named Daw Leik, and there was no person named “Mi
          Thaw” at Thanbyuzayat. Neither Daw Leik nor a person named “Mi Thaw” had
          visited him as alleged.
          500. According to the information received by the Special Rapporteur,
          Maung Nyan Pwa and his father U Aung Them were tortured by members of
          Infantry Battalion No. 97 after they had been arrested together with 100 men
          on the Zabu Aye boat in the Jine river. Maung Nyan Pwa allegedly had his
          right eyeball and eyelid smashed and his father was beaten to death with rifle
          butts. According to the Government, it was not true that the No. 97 Infantry
          Battalion had rounded up about 100 people on 10 January 1993. The Zabu Aye
          was not found to be sailing on the Jaing river. The names Maung Nyan Pwa and
          U Aung Them could not be found in the records.
        
          
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          Nepal
          Information transmitted to the Government
          501. By letter dated S August 1994 the Special Rapporteur informed the
          Government that he had received reports indicating that torture in police
          custody continued to be used both as a means to obtain information or
          confessions and to punish persons detained for political reasons. Although
          Nepali Law requires that detainees be brought before a court and charged
          within 24 hours of arrest, victims were said often to be arrested without
          warrants and held for prolonged periods, at times incommunicado, and sometimes
          in excess of 20 days.
          502. According to the reports, torture occurred in Sindhuli, Gorkha, Kaski,
          Katmandu, Lalitpur, Bhaktapur, 11am, Morang, Rolpa, Lamjung and Rukum
          districts. The forms of torture used were said to include beatings with
          sticks; beating on the soles of the feet ( falanga ) ; beatings with sisnu (a
          plant which causes painful swellings on the skin); punching, kicking, having
          pins inserted under the fingernails and being threatened with rape.
          503. The individual cases summarized in the following paragraphs were also
          communicated to the Government.
          504. Teelu Ghale was arrested in Katmandu on 22 September 1993 and at the
          Hanuman Dhoka station police officers allegedly beat her, applied electric
          current to her wrists, attempted to rape her and attempted to extort money
          from her. On 26 September, her mother filed a habeas corpus petition in the
          Supreme Court, and the police reportedly responded by denying that they had
          arrested her. She was then transferred to Bhaktapur police station, where she
          was allegedly further abused and denied food for two days. She appeared
          before the Supreme Court on 5 October, following that Court's order to produce
          her, and the police maintained that she had been arrested only the previous
          day. A Supreme Court investigation was said to have concluded that she had in
          fact been arrested on 22 September and contempt of court proceedings were said
          to have been initiated against the police. No action, however, was said to
          have been taken to investigate the torture allegations.
          505. Jagrit Bhetwal and Amik Sherchan, members of parliament, were among
          those persons reportedly beaten and arrested by police on 20 July 1993
          during demonstrations in support of a nationwide transportation strike.
          Amik Sherchan allegedly suffered a broken hand and was hospitalized as a
          result. Also in connection with the demonstrations, Harihcandra Raya was
          arrested on 19 July at Janakpur in the southern region and was allegedly
          subjected to torture in police custody.
          506. Bijaya Lama, an 18-year-old labourer in Suryavinayak, Bhaktapur, was
          arrested on 5 July 1994 during a demonstration in Bhaktapur. He was allegedly
          taken to the office of the District Superintendent of Police with a number of
          other detainees and beaten severely until he was unconscious. The following
          morning, he was brought to Bhaktapur hospital and diagnosed as suffering from
          a head injury. He was then transferred to Bir hospital, where he died.
        
          
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          507. Kiran Shrestha, Shankar Rokka, and Lochan Nepal, students aged
          between 14 and 16, were allegedly severely beaten in police custody
          on 23 August 1993 at the Barahathawa police station. They reportedly had
          apprehended a businessman who they believed was responsible for corrupt
          practices in the distribution of flood relief supplies, and they had taken him
          to the police station. Kiran Shrestha was allegedly beaten unconscious in the
          incident and taken to Janakopur hospital for emergency treatment. It was
          reported that the Malangwa Deputy Superintendent of Police requested the
          police inspector at Barahathawa police station to apologize for the beatings
          and that the inspector had replied that he would do so only if no official
          action were taken against him.
          Niger
          Urgent appeals
          508. On 9 June 1994, the Special Rapporteur transmitted to the Government
          an urgent appeal on behalf of Aghali Awaiss, Moussa Oubba and Halid Daoul,
          Tuaregs who were reportedly arrested on 17 or 18 May 1994 in the area north of
          Agadez. They had allegedly been tortured and it was feared that they would
          continue to be subjected to torture in detention. The reports received also
          indicated that two other persons arrested at the same time had died as a
          result of torture and that since these arrests other members of the Tuareg
          community had been arrested and probably tortured.
          Nigeria
          Urgent appeals
          509. On 30 May 1994 the Special Rapporteur transmitted to the Government an
          urgent appeal on behalf of Ken Saro-Wiwa, a writer and leader of the Movement
          for the Survival of Ogoni People (MOSOP), who was arrested on 22 May 1994
          following a raid on his house in Port Harcourt, Rivers State, south-east
          Nigeria. He was taken to the Eon military barracks in Port Harcourt where he
          was reportedly held incommunicado and denied access to medication he needed to
          take regularly due to a heart condition. He was also said to be kept in leg
          irons and handcuffs.
          510. In a subsequent urgent appeal transmitted on 10 August 1994, the Special
          Rapporteur informed the Government that he had received new information
          according to which during the preceding few days Ken Saro-Wiwa's hands and
          legs had been kept in cuffs and he had been subjected to intense beatings.
          511. On 15 August 1994 the Government replied that the right to physical and
          mental integrity of Ken Saro-Wiwa was fully protected as set forth in various
          international instruments and the Nigerian Constitution. It was not true that
          he had been subjected to intense beating nor had his hands and legs been in
          cuffs. On 10 November 1994 the Government further replied that Ken Saro-Wiwa
          was being given necessary medical attention and free access to his family and
          attorney.
        
          
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          Norway
          Urgent appeals
          512. The Special Rapporteur transmitted an urgent appeal on 24 August 1994
          concerning Iranian nationals Bahlul Karbaly Khalil Moghadami, Mansour
          Mohammadi Injeh and Farhad Mohammadi Injeh, who hijacked an Aerof lot plane
          over Russian territory on 15 September 1993 and landed in Oslo. The Russian
          Federation had requested their extradition in accordance with the Hague
          Convention of 1970 on unlawful seizure of aircraft. The Special Rapporteur
          was informed that the Norwegian Ministry of Justice had decided on
          23 August 1994 to extradite these persons in accordance with the Russian
          request.
          513. Assuring the Government that he did not wish to prevent those accused
          of a serious crime such as hijacking from being brought to justice, the
          Special Rapporteur appealed to the Government not to extradite the
          above-mentioned individuals, particularly unless it could assure itself and
          take measures to ensure that the individuals would not be subjected to such
          torturous conditions as existed in some pre-trial detention centres in the
          Russian Federation. The Special Rapporteur, having recently undertaken a
          mission to the Russian Federation to examine conditions of detention, had
          concluded that conditions in certain pre-trial detention centres, such as
          Butyrskaya and Matrosskaya Tishina 1 in Moscow, were for certain categories of
          prisoners so gross due to overcrowding as to be a detriment to health (see
          E/CN.4/1995/34/Add.1) . Those detention centres had in fact been described as
          inhumane by responsible Russian authorities. In addition, one of the
          prisoners suffers from a severe case of post-traumatic stress syndrome as a
          result of imprisonment and torture in the Islamic Republic of Iran and had
          attempted suicide in a Norwegian prison. In the light of this alleged torture
          and of repeated allegations of torture in the Islamic Republic, the Special
          Rapporteur also asked that the Government ensure that any extradition to the
          Russian Federation not be followed by extradition or deportation to Iran.
          514. On 6 October 1994 the Government replied that the extradition decision
          by the Ministry of Justice followed a Eidsvoll court of summary jurisdiction
          ruling that the criteria for extradition under the Norwegian Extradition Act
          had been fulfilled. The ruling had stipulated that, barring exceptional
          circumstances, the persons not be re-extradited to a third State. This ruling
          was appealed to the Eidsivating High Court and the Supreme Court Appeals
          Committee and was dismissed. The Norwegian Ministry of Justice and police had
          considered carefully the objections raised by the hijackers as well as the
          Government's international obligations and could not see that the extradition
          would contravene its international obligations. The Ministry of Justice
          considered it decisive that the aircraft hijacking was an extremely grave
          offence which was carefully planned and which put passengers and crew in
          danger of their lives. The Norwegian authorities would ask the Russian
          authorities for permission to visit the persons after extradition in order to
          remain informed about their situation in Russia after they were taken into
          custody. The Ministry's decision was subject to appeal and such an appeal has
          been lodged.
        
          
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          Pakistan
          Information transmitted to the Government
          515. By letter dated 21 July 1994 the Special Rapporteur informed the
          Government that he had continued to receive reports indicating that torture in
          the custody of the police, the paramilitary and the armed forces was endemic,
          widespread and systematic. Torture was said to be used by police to gain
          information, to obtain confessions, or to intimidate or punish detainees, and
          often resulted in death. Torture was reportedly practised against persons
          detained for political reasons, criminal suspects, and persons from whom
          police sought to extract a bribe.
          516. The methods of torture reported included prolonged blindfolding;
          prolonged enforced standing; beatings with sticks and leather truncheons
          (the chittar) ; pulling the legs apart painfully ( cheera ) ; passing rollers over
          and beating the genitalia; burnings with cigarettes; application of electric
          shocks, frequently to the temples, knees, and genitalia; drilling with
          electric drills into the bone; hanging the body upside down for prolonged
          periods; being dragged through the streets by a vehicle; food and sleep
          deprivation; subjection to mock executions; and rape.
          517. On the way from police detention to a magistrate, detainees were said
          frequently to be threatened with further torture to dissuade them from
          revealing to the magistrate that they had been subjected to torture. Police
          were said seldom to investigate complaints of torture, even when under a court
          order to do so, and trials of officials accused of torture were rare. In the
          case of torture committed by members of the armed forces in Sindh province,
          the difficulty of prosecution was said to be exacerbated by a presidential
          ordinance which granted immunity from criminal prosecution to army personnel
          for any action undertaken “in good faith” during the law and order operations
          in that province. Medical officials were often pressured into issuing false
          medical reports so as to obscure the role of torture in the injuries or death
          of detainees.
          518. The individual cases described in the following paragraphs were also
          communicated to the Government.
          519. Ghulam Mustafa Soomro was reportedly arrested and beaten
          on 7 December 1992 by 10 to 12 members of the paramilitary Rangers,
          Kurram Militia, at his home in Sita Road, Sindh province. He was then
          blindfolded and brought for interrogation to the Kharipur Natanshah Ranger
          camp where the commanding officer and other Rangers allegedly beat him with
          sticks and leather whips until he fainted. Later, he was allegedly tied with
          ropes around his ankles and wrists at the back, hanged by those ropes from the
          ceiling, and simultaneously beaten on the legs and soles of the feet until he
          vomited. A medical officer of the Rangers reportedly gave him an injection of
          an unknown substance. After several days of continuous interrogations and
          beatings he was on 16 December taken to the Sita Road marketplace and, along
          with four other prisoners, stripped naked, and had his moustache and hair
          shaved off. The five men had their hands tied with ropes hitched to an army
          pick-up van and they were dragged through the main streets of the Sita Road
          area. They allegedly were forced to run to avoid falling down and being
        
          
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          dragged along, while another truck followed which pushed the men whenever they
          could not keep up with the speed of the truck. This humiliation lasted about
          two hours, during which time children were forced to come forward and hit the
          men. Thereafter, Gulam Mustafa Soomro was taken back to the camp and received
          no medical attention. He was released in front of his home on 23 December in
          a semi-conscious state. It was alleged that the military were acting at the
          behest of a party to a land dispute against a neighbour to whom Ghalam Soomro
          had given support.
          520. Inderjit Lohana and his two brothers were arrested by uniformed army
          personnel and the Station House Officer (SHO) of Bhitai Nagar police station
          on 16 September 1992 in Citizens Colony, Hyderabad. Over the next several
          weeks at an army camp at Brigade 55 headquarters he was allegedly subjected to
          electric shocks applied to his knees and temples, deprived of sleep for a
          period of six or seven days, beaten with a leather whip or belt and made to
          lie down and stand up in a repeated and continuous manner. After he told the
          High Court judge at his hearing that he had been tortured while in army
          custody, the judge ordered that he be released within three days. Instead, he
          was allegedly transferred on 6 November to army custody and was not released
          until 22 March 1993 following a general amnesty.
          521. Bebal Khatoon Shirazi, aged 65, reportedly had her house in Chhato Chand
          village raided on 18 December 1992 by a group of officers from Thatta police
          station, Sindh province, and an army team. The authorities had been looking
          for a relative who was not present, and since no male member of the household
          was present, the women and children resisted the raid of the home. The police
          allegedly beat the women and children. Bebal Khatoon Shirazi was hit on the
          head and the body with rifle butts and died some hours later as the result of
          her injuries. An inquiry commission was reportedly set up on 23 December to
          determine the cause of death, but the result of the inquiry was unknown.
          522. Nazir Masih was arrested on 21 May 1993 by two police constables
          from Batala Colony police station, Faisalabad, Punjab province, to whom he
          had reportedly refused to supply liquor the previous night. His family
          members were said to have observed over the wall of the police station that
          Nazir Masih was being beaten severely and was shrieking with pain. He died
          that day and a post-mortem report issued by the medical superintendent noted
          that a blunt weapon had caused ten injuries on the body, mostly on the head
          and shoulders. The magistrate of Faisalabad was said to be conducting a
          preliminary inquiry into the cause of death, but the result of the inquiry was
          unknown.
          523. Niaz Hussain Pathan was arrested near Kotdiji, Khairpur district, by
          a number of armed police while travelling on 11 September 1992 on a bus in
          Sindh province. The police allegedly demanded payment for his release from a
          relative the following morning. Niaz Pathan was observed with his wrists and
          ankles shackled with iron chains and he called from his cell that he had been
          severely beaten and stripped of his possessions. On 14 September, when
          relatives and friends again approached the station to seek his release, they
          were reportedly told by the SHO that Niaz had never been in police custody.
          On 20 September the police reportedly told his mother that he had died in an
          encounter with police officials that morning involving bandits. It was
          alleged that Niaz in actuality had been tortured to death and three police
        
          
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          officers were accused of his murder by his family in a complaint lodged with
          the senior district magistrate at Kotdiji in December 1992. It was unknown
          whether any investigation was being pursued.
          524. Mujib Aijaz Jatoi, a grandson of a prominent Sindhi peasant leader,
          was arrested by the SHO of Hala on 3 August 1993 while travelling on a bus
          from his home in Larkana to Karachi. He was allegedly tortured and died in
          custody the following day. His body was said to have had more than 100 marks
          of torture, including electric shock marks, and injuries to the head, legs,
          chest, and testicles, and the nails of his fingers had been pulled out. The
          police reportedly contended that he had committed suicide in custody and the
          senior police superintendent of Hyderabad and the Hala police allegedly
          refused his family's attempt to file a complaint. The High Court of Sindh,
          Hyderabad, subsequently ordered an investigation, but the result was unknown.
          525. Syed Ali Haider Shah, from Sindh, was arrested by the army on 8 June 1992
          and reportedly died in custody two or three days later from what the army said
          was heart failure. Numerous torture marks were reportedly observed on his
          body. A judicial inquiry under the sub-divisional magistrate, Dadu, was said
          to have been set up to investigate the case in December 1992, but the result
          of the investigation was not known.
          526. Ashgar Narejo, from Keti Ehutto near Larkana, Sindh, was arrested, along
          with 17 relatives, by army and police near Khairpur on 13 June 1992. He was
          allegedly hanged from a tree and beaten severely with sticks and steel rods.
          He died around 18 June and officials were said to have declared the cause of
          death to have been a heart attack.
          527. Khan Mohammad Korai, from Moro, Sindh, was arrested on 2 August 1992 by
          the 47 Frontier Force Regiment from Moro after they had failed in their search
          for his brother. His body was returned to his family the next day, allegedly
          bearing marks of multiple injuries, including electric shocks and fractures of
          the neck and legs. A military official who brought the body to the family was
          said to have admitted that the victim had died after torture. A petition
          filed by his family was heard in March 1993 by the Sindh High Court, which
          called for a decision by the military court of inquiry. It was not known if
          any further action had been taken on the case.
          528. Qalander Bukhsh Brohi, a journalist from Badah, Dadu district, Sindh, was
          arrested by officers of Khwaja Ajmer Nagri police station on 26 August 1992
          and, after demanding to be apprised of the reason for his arrest, was
          allegedly struck with a rifle butt and hung upside down. He reportedly died
          on the way to hospital. An autopsy was conducted, but the result was unknown.
          529. Ahmad Khan, of Pir Mohammad Narejo village near Gumbat Khairpur,
          Sindh, and Allah Rakhiyo were arrested along with two other persons
          on 24 September 1992 during a raid by the police and army. They were
          allegedly taken to Pin camp and tortured until they lost consciousness.
          Ahmad Khan reportedly died on the way to Karachi by ambulance.
          530. Mohammad Razzaq of Kamoke in Gujranwala district, Punjab, was arrested
          on 22 October 1992. He and his father, Mohammad Anwar, were allegedly beaten
          severely in custody and Mohammad Razzaq died that day. The Lahore High Court
        
          
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          reportedly ordered the senior police superintendent of Gujranwala to
          investigate the case, but the result of the investigation was unknown.
          531. Aurangzeb, of Sukkur, Sindh, was arrested in September 1992 and died in
          detention in Sukkur jail in November 1992. He was allegedly tortured to
          death. Although a post-mortem report of Civil Hospital, Sikkur, was said to
          have stated that he had died of natural causes, his parents subsequently had
          his body exhumed from Qayyumbad graveyard, and a medical board reportedly
          found that no previous post-mortem had in fact been performed. The further
          results of the autopsy were unknown.
          532. Mohammad Liaqat (alias Boota), his wife, Hamida Begum, and three
          daughters from Sheikhupura, Punjab, were arrested on 12 October 1993 by police
          from Bikhi police station, Sheikhupura. Boota and his wife were allegedly
          tortured and Boota died in custody in November or December 1992. The Lahore
          High Court reportedly ordered investigations, the results of which were
          unknown.
          533. Ehural Jatoi, of Dost Ali Jaitoi in Sukkur district, was arrested with
          six other villagers by officers of Dubbar police station, Sukkur district.
          He was allegedly hanged upside down for 24 hours, cut with razor blades and
          kicked in the chest. He reportedly died of his injuries on 22 December 1993.
          534. Mohammad Arif Khatiyan, a People's Party of Pakistan (PPP) activist
          in Hyderabad district, Sindh, was arrested on 4 June 1993 in Arif Khatiyan,
          Hyderabad, and taken to Tando Jam police station, where he was allegedly
          tortured by three police officers. On 7 June, he was said to have been given
          first aid for his injuries and released, but later had to be taken to
          Rajputana Hospital, where he died. At the hospital, it was observed that his
          liver and kidneys were damaged and that he was passing blood with his urine.
          On 22 July 1993 the Sindh High Court ordered a complaint to be registered
          against the three officers after the police at Tando Jam police station had
          refused to register such a complaint. It was not known whether an
          investigation had begun.
          535. Makhno Khan Jagirani, from Sabul Jagriani near Ahmedpur, Khairpur
          Mirs district, Sindh, was arrested with 14 other persons during a raid
          on 5 July 1993 by police from Ahmedpur police station. The other 14 persons
          were released, reportedly after paying bribes, but Makhno Khan Jagirani, who
          was said to be lame and suffering from kidney trouble, was allegedly tortured
          after refusing to pay the bribe. He reportedly died thereafter in police
          custody. Persons protesting his death were said to have been threatened with
          “dire consequences” by the deputy commissioner in Khairpur if they did not
          give up their protest.
          536. Ijaz Khan, a tribal person from Lakrai village in Mohmand Agency,
          arrested on 5 July 1993 by officers from Kohsar police station in Islamabad,
          was allegedly tortured to death, although the police reportedly maintained
          that he had committed suicide. A medical board was said to have found torture
          marks on his body, but reserved judgement pending a laboratory report. The
          Islamabad district magistrate and the police department ordered separate
          inquiries, the results of which were unknown.
        
          
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          537. Mohammad Sarwar, a trade union activist of Thatta Sindh, was arrested
          along with 23 other trade union activists in their quarters in the Dewan Sugar
          Mill colony on 26 July 1993 by officers of Mirpurbathoro police station. The
          management of the mill had reportedly filed a complaint against the activists.
          They were allegedly tortured in custody so as to pressure them to resign their
          positions. Mohammad Sarwar was said to have sustained spinal injuries in
          police custody and to have died as a result. The Thatta district magistrate
          ordered an investigation, the result of which was unknown.
          538. Nazir Ahmed, from Karache, Sindh, was arrested on 19 July 1993 by
          officials from Kharadar police station. When brought before a magistrate
          on 31 July, he was reportedly sent to Landhi jail, as he had sustained serious
          injuries in custody. At Landhi, he allegedly received no medical attention
          for his injuries. On 3 August he was transferred to Civil Hospital, Karachi,
          where he died. His body was said to have extensive cut marks and injuries to
          his genitals. Doctors at the hospital reportedly stated that his death had
          been due to severe torture.
          539. Noor Muhammad Qureshi was arrested on 23 December 1992 in Phuleli by four
          officers of Pinyari police station in Hyderabad district. His family members
          were said to have observed the police beating him with sticks and fists. He
          was allegedly taken away bleeding in a van and two hours later his body was
          found with a broken arm and multiple bruises in a nearby canal. Although the
          Pinyari police reportedly refused to register a complaint brought by family
          members, the Sindh High Court heard their petition in April 1993. The outcome
          of those proceedings was unknown.
          540. Gulloo Machhi, from Kot Nizamani village near Tando Jam, Sindh, was
          arrested during a raid of his village by officers of Chambar police station
          on 25 April 1993. The next day police reportedly handed his body over to his
          family, telling them he had committed suicide by slicing his throat. It was
          alleged that he had in fact been tortured to death for failing to pay a bribe
          and that a post-mortem had been falsified under police pressure to show
          suicide as the cause of death. On 29 May, the family reportedly had the body
          exhumed, and a second autopsy was said to have cast doubt on the results of
          the first post-mortem.
          541. Ten men were taken into custody on 12 August 1992 after around 30
          uniformed men of the Ghotki police and the army raided Deh Issa Wali village
          in Sukkur district, Sindh. Sattar Bux, Ali Mohammad Qamruddin Indhar,
          Khadim Indhar and Subhoi Indhur were allegedly tortured at Ghotki police
          station. Another villager, Jaffar, was reportedly arrested on 19 September
          and subsequently tortured. Mohammad Qamruddin, Khadim Indhar and Subhoi
          Indhur were said to have died as a result of their treatment in custody.
          542. Farooq Ahmed, the 70-year-old father of the Secretary General of the
          Mohajir Qaumi Movement (MQM), Imram Farooq, Mushtaq Saigol, an MQM member
          and former advisor to the Sindh chief minister, and his two sons Norman and
          Amir Saigol were arrested on 31 October 1992 in Karachi by police, army and
          Rangers. During the arrest, Mushtaq Saigol's wife Shanaz Saigol was allegedly
          hit with rifle butts and was threatened that her sons would be killed if she
          did not reveal the whereabouts of Imran Farooq. The four arrested men were
        
          
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          allegedly blindfolded for two days in an unknown place and deprived of food
          and drink. Norman Amir Saigol was said to have had his legs pulled apart in
          different directions during interrogation.
          543. Mohammad Tariq was arrested on 30 June 1992 and taken by police to
          North Nazimabad police station. He was questioned about his brother and
          when he could supply no information, he was allegedly beaten and kicked
          unconscious. On 27 July he was reportedly transferred to Taimuria police
          station, tortured, and released after his family had paid officials a large
          sum of money.
          544. The Special Rapporteur also informed the Government that he had
          received information indicating that the substantial majority of women held
          in police custody were subjected to some form of sexual abuse, including rape.
          Registering a rape complaint was said to be problematic, because the Islamic
          Zina Ordinance of 1979 made it difficult for a woman to meet the evidential
          requirements to establish her case. Failing to establish such a case
          reportedly exposed the complainant to a potential charge of illicit sexual
          intercourse, an offence punishable under the Ordinance with death by stoning.
          It was further reported that when the alleged perpetrator of rape was a member
          of the police, army, or other governmental official, the police often refused
          to register a complaint or pressured or bribed the victim into dropping the
          charges.
          545. The Government in October 1992 reportedly approved an amendment to
          the Code of Criminal Procedure under which women may not be held in a police
          station overnight and may only be interrogated in the presence of their
          husbands or a close male relative. Under the amendment, women would have
          to be held in judicial custody and could be moved to police custody for
          interrogation only on court orders. The amendment was said to have not as yet
          been approved by parliament.
          546. The individual cases summarized in the paragraphs below were also
          communicated to the Government.
          547. Lau, a 14-year-old girl, was allegedly raped by three police officers,
          including a head constable, on 17 October 1992 at the police station in Tando
          Ghulam Haider in Hyderabad district. She was reported to have been one of
          eight members of the Eheel tribe returning in a van from a festival who were
          stopped by police near Math, Sindh province. The eight travellers were
          allegedly arrested and beaten. Three officers were tried and convicted of
          gang rape, but the conviction was overturned on procedural grounds.
          548. Shamin, a 21-year-old mother of two children, was reportedly kidnapped
          and raped by three men in North Nazimabad in Karachi. After her mother lodged
          a complaint in the Pirabad police station, Pirabad police arrested Shamin
          instead of investigating the rape allegations. They allegedly threatened to
          charge her with adultery and demanded payment for her release. When her
          mother could only procure part of the sum requested, they charged Shamin under
          the Zina Ordinance and held her in police custody for six days, during which
          time two police officers and a third unnamed person allegedly regularly raped
        
          
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          her. The Sindh High Court in August 1992 ordered a First Information Order to
          be filed against the two officers. It was not known if an investigation had
          been undertaken.
          549. Further information was communicated according to which some young boys
          had been subjected to rape in the custody of police. It was reported that
          Rashid Mallah, aged 14, was beaten and raped by a police constable of police
          station Meldsi near Shahdadpur in Sanghar district, Sindh province. A
          complaint was registered against the constable by police, but it was unknown
          whether an investigation had taken place.
          550. Finally, the Special Rapporteur advised the Government that he
          had received reports, according to which private landlords or waderas ,
          particularly in Sindh province, were running private jails wherein bonded
          rural labourers were kept captive and were subjected to severe ill-treatment.
          Detention and torture in such private jails was said to occur often with the
          knowledge, connivance or direct involvement of the police and other organs of
          the State. Several private jails in Sindh were said to be maintained by
          elected members of the National Assembly from both the Islamic Democratic
          Alliance and the Pakistan People's Party. In one case a rural jail
          with 130 chained rural labourers discovered in mid-1993 was said to belong
          to Salim Akbar Bugti, a member of the National Assembly.
          Information transmitted by the Government with respect
          to cases included in previous reports
          551. On 28 April 1993 the Special Rapporteur sent an urgent appeal on behalf
          of Lisa Evelyn Encore, an American citizen detained in prison in Karachi, who
          was five months pregnant and suffering from dysentery, pneumonia and possibly
          hepatitis. She was reportedly being provided little or no medical care and
          insufficient food. On 1 July 1994 the Government responded that she had given
          birth in hospital in August 1994; that the United States Vice Counsel and all
          requested relatives had been allowed to visit her; that a special diet of milk
          and meat had been provided to her and to her baby; that her baby had been
          given appropriate vaccinations; and that all medical facilities had been
          provided to her and to her baby.
          Observations
          552. Over the past two years of his mandate, the Special Rapporteur has had
          discussions with the Permanent Mission of Pakistan to the United Nations
          Office at Geneva with a view to his being granted an invitation to visit the
          country. While prospects at first seemed promising, the Government eventually
          informed the Special Rapporteur that a mission was not convenient during the
          current year, but that it hoped to welcome the Special Rapporteur next year.
          The Special Rapporteur would be glad if that hope were realized, as the
          allegations he has received give grounds for serious concern.
        
          
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          Peru
          Urgent appeals
          553. The Special Rapporteur transmitted an urgent appeal on 8 June 1994
          on behalf of César Flores Gonzalez, a journalist, who was detained
          on 30 April 1994 by a military patrol in the town of Huanta, department of
          Ayacucho. He was taken to the Castropampa military base and allegedly beaten
          before being released on 6 May. Fears were expressed that upon returning to
          Huanta he would be arrested and ill-treated again.
          554. On 14 September 1994 the Government replied that Mr. Flores had been
          arrested in the context of an operation carried out by the army to recruit
          people to perform military service. He was taken to the Castropampa base, but
          was never subjected to ill-treatment.
          555. The Special Rapporteur transmitted another urgent appeal
          on 26 September 1994 on behalf of Maria Elena Foronda and Oscar Diaz Barboza,
          Director and Administrator, respectively, of the environmental organization
          Instituto Natura, who were detained under anti-terrorism legislation by
          members of the anti-terrorism police on 13 September 1994 in the town of
          Chimbote, Santa province, Ancash department.
          Information received from the Government with respect to cases included in
          previous reports
          556. On 16 August 1993 the Special Rapporteur made an urgent appeal
          on behalf of Juan Abelardo Mallea Tomailla, a taxi driver arrested in
          Lima on 10 July 1993 by members of the National Directorate against
          Terrorism (DINCOTE) . The Government referred to this case in a letter
          dated 7 December 1993 in which it is stated that this person was a member of
          the Partido Comunista del Peru (Sendero Luminoso) and that it had been proven
          that he was the author of a hand-written text which appeared on a map. The
          map showed the location of four unmarked graves on the outskirts of Lima,
          which contained the remains of the professor and nine students abducted from
          La Cantuta University in July 1992. The sources, however, informed the
          Special Rapporteur that they had consulted a handwriting expert in the
          United States who found that Mr. Tomailla's handwriting did not correspond to
          that found on the map. In its response the Government also stated that he was
          examined by a doctor who established that he was physically and mentally well.
          It was not said, however, when this examination was carried out.
          557. The Government referred to the same case in another letter
          dated 24 January 1994 in which it stated that the provincial attorney in
          charge of the investigation found no evidence to charge Mr. Tomailla with
          terrorism-related offences. In a third letter dated S May 1994 the Government
          stated that the Lima Higher Court had ordered his release on 28 April 1994.
          558. Rafael Leandro Rodriguez Eduardo was reportedly ill-treated on
          the premises of El Tambo police station in Junin in June 1991. On
          14 September 1994 the Government replied that he had been arrested for theft
          but was never subjected to ill-treatment.
        
          
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          559. Regarding the cases referred to in the following paragraphs, the
          Government sent its replies on 20 October 1994.
          560. Juan Arnaldo Salomé Aduato was allegedly tortured by the police after
          being arrested in Huancayo on 24 April 1991. The Government stated that he
          had never been arrested by the Junin police.
          561. JthtIrtico Daniel Salas Côrdova died on 27 April 1992, allegedly as a
          result of torture inflicted by members of the police who arrested him in
          San Martin, Lima. The Government replied that the National Police was
          carrying out an investigation.
          562. Martha Huatay Ruiz, a lawyer, was arrested on 17 October 1992 in Lima
          and allegedly tortured in the premises of DINCOTE. The Government stated that
          on 8 May 1993 she was examined by a doctor who did not find evidence of
          torture.
          563. Wigberto VIsquez, PlIcido Alvarado, Victor Morales, Crisanto Velasquez,
          Guillermo Granda, Guillermo Oyola, Javier Garcia Huammn, Benjamin Garcia
          HuamIn, Daniel Cruz and Samuel HuamIn were arrested on 27 June 1992 in the
          province of San Ignacio, Cajamarca, and allegedly tortured by the police. The
          Government replied that these persons had been lawfully arrested and that they
          had not been subjected to ill-treatment.
          564. Pilar Coqchi Calle was arrested on 23 January 1990 in Huamanga for
          terrorism and allegedly tortured by the police. The Government stated that
          she had been sentenced to a prison term for terrorism. No mention of torture
          allegations was made in the reply.
          565. Maria Elena Loayza Tamayo was arrested in Lima on 6 February 1993 and
          allegedly tortured by members of DINCOTE. The Government replied that she was
          subjected to interrogation on 15 February 1993 in the presence of her lawyer
          and never complained about having been tortured. She was kept incommunicado
          for 10 days, in accordance with the law and with the authorization of the
          Public Ministry and the judge. The medical examination conducted before
          15 February 1993 did not reveal that torture had taken place.
          566. Maria de la Cruz Pan was reported to have been raped while in detention
          by members of DINCOTE. The Government reported that she had made no complaint
          when she was visited by representatives of the Red Cross and the Public
          Ministry. The medical examination carried out on 11 January 1993 did not
          reveal that she had been raped.
          567. Higinio Quispe Perez and Eleuterio Inga were arrested on 12 April 1991
          and allegedly tortured by soldiers of the Chaquicocha military base, Huancayo.
          The Government stated that they had made statements according to which they
          were kept in detention for a few hours by two persons who did not identify
          themselves and, therefore, they could not be sure whether or not they belonged
          to the army. No complaint was filed against members of the military.
          568. Senobio Enriquez Vargas was arrested on 24 January 1992 at Manta,
          Huancavelica, and allegedly tortured by members of the army. The Government
          replied that an investigation had been ordered.
        
          
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          569. Juan Arnaldo Salomé Adauto was arrested in I-Iuancayo, Junin,
          on 24 April 1991 and allegedly tortured by the police. The Government replied
          that a disciplinary investigation had been conducted. The allegations,
          however, proved to be false.
          570. José Natividad Flores Rojas was arrested on 22 July 1992 at Bagua,
          Amazonas, and allegedly tortured by members of the army. The Government
          replied that following investigations carried out by the army command and the
          Public Ministry, the allegations proved to be false.
          571. Rosenda Yauri Ramos and Alberto Calipuy Valverde reportedly died as
          a result of torture inflicted by members of the army in Angasmarca,
          Santiago de Chuco, La Libertad, in March 1993. The Government replied that
          following a disciplinary investigation, four members of the army were found to
          be responsible for the killings. The penal investigation had not yet
          concluded.
          572. Marcos Gonzalez Tuanama was arrested on 29 April 1992 and allegedly
          tortured at the Mariscal CIceres military base, San Martin. The Government
          stated that the Public Ministry has not yet been able to complete the
          investigation due to lack of cooperation from the alleged victim.
          573. Marco Zarate Rotta, Enrique Aguilar del AlcIzar and César CIceres 1-laro,
          members of the army, were arrested in November 1992 following an attempted
          coup d'etat , and allegedly tortured. The Government replied that the medical
          examinations carried out did not reveal ill-treatment.
          Observations
          574. The Special Rapporteur was not able to transmit to the authorities
          substantial information he received suggesting that the Committee against
          Torture had good reason to be concerned by a widespread practice of torture in
          the investigation of terrorist offences and impunity for its perpetrators
          (CAT/C/SR.194/Add.1 of 22 November 1994). The Government's response to
          earlier cases seemed to suggest that it is mainly concerned to note an alleged
          insufficiency of proof in individual cases, rather than aggressively to come
          to grips with a widespread practice.
          Philippines
          Information transmitted to the Government and replies received
          575. By letter dated 5 August 1994 the Special Rapporteur informed the
          Government that he had received reports indicating that torture was practised
          at times in detention centres and military camps. The methods used were said
          to include beatings, choking, sleep deprivation, blindfolding, placing one's
          head in a toilet, injection of “truth serum”, and being forced to dig what one
          is told is one's grave.
          576. Information was transmitted to the Government about the cases of
          Zaldy Acono and Orsenio Mendez, who were reportedly arrested on 25 July 1993
          by the 76th Infantry Battalion of the Philippine Army in Quezon province under
          suspicion of being members of the New People's Army (NPA) . When they were
        
          
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          unable or unwilling to answer the soldiers' questions concerning the
          whereabouts of their alleged companions, they were allegedly slapped, kicked,
          hit in the stomach with rifle butts and had plastic placed over their heads so
          as to interfere with their breathing. They were then said to have been tied
          up for two days in the forest.
          577. On 10 November 1994 the Government replied that investigations conducted
          by the Philippine Commission on Human Rights (PCHR) Regional Office based in
          San Fernando, Pampanga, established that the 76th Infantry Battalion had never
          been stationed in Quezon province. Investigations by the PCHR in Region IV in
          San Pablo City likewise yielded negative results. The PCHR was still looking
          for other leads for the solution of the case.
          578. The Special Rapporteur by the same letter advised the Government that
          he had received information according to which members of the Citizens Armed
          Forces Geographical Unit (CAFGU) , a paramilitary force established in 1987 to
          fight the armed rebel movement, had engaged in torture and ill-treatment of
          persons in their custody. It was alleged that the military, which is charged
          with supervising the CAFGU, frequently tolerated or even encouraged such
          abuses.
          579. In this connection, the Special Rapporteur transmitted the case of
          Emily Absalon, aged 13, who was allegedly raped on 4 July 1993 by two members
          of the CAFGU PNP 268th Mobile Force. The two men had gone to the victim's
          house at Mindigurin, barangay Malawaan, Rizal, Mindoro Occidental, to look for
          her father who they alleged was a member of the NPA. They were said to have
          ransacked the house and taken the victim, her two sisters and a brother
          towards barangay Magsikap, during which time the victim was allegedly
          separated from her siblings and raped by both men. The children were then
          brought home and warned that they would be killed if they told anyone of the
          incident. Their mother subsequently filed a complaint with the regional trial
          court at San Jose. The two CAFGU members were reported to have been arrested
          and detained at the San Jose provincial jail in Mindoro Occidental, but the
          outcome of any proceedings against them was unknown.
          580. The Government replied that three criminal cases of rape and robbery had
          been filed against two defendants who were detained at the Mindoro Occidental
          provincial jail and a trial was under way before branch 46 of the regional
          trial court in San Jose. The PCHR Regional Field Office in San Pablo, Laguna,
          in collaboration with the Office of the State Prosecutor, had acted as Special
          Prosecutor in the case.
          581. Finally, the Special Rapporteur advised the Government that he had
          received information that Eduardo Haz and two cousins, Geby Domigina and
          Armando Domigina, were tortured on 4 October 1992 by two CAFGU members with
          the assistance of around 30 soldiers of the 49th Batallion of Bentuco,
          Gubat, Sorsogon. It was alleged that the pregnant wife of Eduardo Haz,
          Lolita Domigina Haz, was shot and killed by one of the CAFGU members at her
          mother's residence at Sta. Lourdes, Barcelona, Sorsogon for alleged membership
          in the NPA. Some time later that day, her husband and the two cousins were
          reportedly seized and brought to the church and tied up. The soldiers then
          ordered six families occupying nearby houses to come out and watch the three
        
          
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          men being tortured. The men were then taken into custody for interrogation by
          the soldiers. Geby and Armando Domigina were released, but Eduardo Haz was
          reportedly killed and his body discovered.
          Portugal
          Information transmitted to the Government
          582. By letter dated 17 August 1994 the Special Rapporteur transmitted to the
          Government the following cases of torture alleged to have occurred in the
          country.
          583. Carlos Robelo was arrested on 3 March 1993 by the judicial police (PJ)
          and allegedly beaten severely by PJ members in the station in Lisbon. After
          he appeared in court, the judge ordered him to be taken to hospital for
          treatment, but instead he was taken back to the station where the duty doctor
          noted only slight injuries. After his committal to prison to await trial, the
          Prison Services sent him to a private doctor for x-rays, which revealed five
          fractured ribs. He reportedly made a formal complaint to the Almada court,
          which passed the file to another office in Lisbon for investigation, but no
          inquiry was carried out. A new investigation was said to have been opened.
          584. José Pedro Tavares Teles Rocha, a mentally disabled man, was reportedly
          stopped by two members of the public security police (PSP) and asked to
          identify himself. After he made what was said by witnesses to be a facetious
          reply, the two officers allegedly attacked him and kicked him while he was on
          the ground. After being detained overnight, he appeared in court the next
          day, reportedly with a swollen and purple face, and injuries to his neck.
          The judge suspended the hearing pending examination.
          Information received from the Government with regard to cases included in
          previous reports
          585. On 3 November 1993 the Special Rapporteur transmitted to the
          Government information on the case Francisco Carretas, who was allegedly
          tortured by agents of the Almada gendarmerie unit in Charneca da Caparicia
          on 6 February 1992. By the same letter, the Special Rapporteur also
          communicated the case of Orlando Correia, who was allegedly assaulted by PJ
          officers on 9 September 1992 in Guarda prison. On 20 June 1994 the Government
          replied that a judicial procedure was under way in the case of Francisco
          Carretas, with results as yet undetermined. With respect to Orlando Correia,
          the Government on 10 August 1994 replied that an investigation by the PJ and
          the Public Ministry had concluded that there did not exist sufficient proof to
          sustain the accusation.
          Qatar
          Urgent appeals
          586. On 28 April 1994 the Special Rapporteur transmitted to the Government
          an urgent appeal on behalf of Gavin Sherrard-Smith, a British national, who
          was sentenced to six months' imprisonment and 50 lashes allegedly for selling
          alcohol. The sentence had reportedly been upheld by the court of appeal
        
          
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          and fears were expressed that the flogging might be imminent. The Special
          Rapporteur advised the Government that he shared the views of other bodies in
          the United Nations system that corporal punishment was inconsistent with
          prohibition of torture and other cruel, inhuman or degrading treatment or
          punishment enshrined in various international instruments.
          Republic of Korea
          Information transmitted to the Government
          587. By letter dated 29 March 1994 the Special Rapporteur advised the
          Government that he had received information according to which persons
          arrested for political reasons were often subjected to several forms of
          ill-treatment, including sleep deprivation, in order to extract “confessions”.
          Under procedures in force, police or security officials often without an
          arrest warrant may take a suspect for “voluntary submission into police
          custody” and must obtain a court warrant within 48 hours for continued
          detention. This provision allegedly often was abused by police and other
          security agencies to detain suspects by force and hold them incommunicado
          for 48 hours' interrogation without informing their families and friends that
          they had been arrested. Detainees were allegedly subjected to the greatest
          abuse during the first hours of interrogation and confessions thus obtained
          were often used as grounds upon which to apply for an arrest warrant.
          588. There is reportedly no legal requirement for prisoners to be brought
          promptly before a judge. Suspects held under the National Security Law may
          be interrogated for up to 50 days before they are charged, including up
          to 20 days by the arresting agency and a further 30 days by the prosecution.
          During this long period prisoners were sometimes allegedly subjected to
          prolonged and exhausting interrogation and denied immediate and regular access
          to their lawyers and families.
          589. Prisoners who claimed to have been tortured or ill-treated were said
          rarely to make a formal complaint and in only a few cases had successful
          prosecutions been carried out. Prisoners who had been ill-treated during
          interrogation were sometimes afraid to make a statement to this effect in
          court for fear of antagonizing the tribunal and thereby incurring a heavier
          prison sentence. Furthermore, it was said to be extremely difficult for a
          prisoner to prove ill-treatment, particularly when the form of such treatment
          was sleep deprivation, which leaves no visible trace on the body. Finally,
          there was said to be no independent body to investigate complaints of human
          rights violations. The Public Prosecutor's Office, which has the authority to
          decide whether or not a prosecution would take place, often appeared not to
          act on complaints, dismissing them without further explanation on the grounds
          that they had been investigated and proved to be unfounded.
          590. The Special Rapporteur also communicated to the Government the individual
          cases described in the following paragraphs.
          591. Lee Kun-hee, a Democratic Party worker, was arrested without a warrant
          on 26 September 1992 by officials of the Agency for National Security Planning
          (ANSP) . He was taken for questioning to the ANSP interrogation facility and
          was allegedly deprived of sleep for the first few days and repeatedly beaten.
        
          
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          His wife was also arrested on 14 October and held for 48 hours during which
          time she was allegedly hit and threatened with not being allowed to see her
          baby for a substantial period of time. On 15 January 1993 Lee Kun-hee was
          sentenced to three years' imprisonment under the National Security Law and the
          Military Secrets Protection Law.
          592. Choi Chin-sop, a journalist working for the journal Mal, was arrested by
          officials of ANSP on 14 September 1992 and taken to the ANSP interrogation
          facility where for several days he was allegedly deprived of sleep. He was
          also said to have been beaten, stripped naked, forced to stand in the same
          position for long periods of time and forced to crawl with his hands behind
          his back and his head against the floor. On 24 February 1993 he was sentenced
          to three years' imprisonment under the National Security Law.
          593. Son Pyong-son, a former politician, was arrested without a warrant
          on 26 September 1992 by officials of ANSP. At the ANSP interrogation facility
          he was reportedly beaten by teams of interrogators over a period of several
          days and forced to do repeated and strenuous physical exercises, such as
          squatting with his arms stretched out, standing on his head and standing on
          his hands. He was allegedly permitted only a few hours of sleep each day, was
          not permitted to see his lawyer until 5 October and was denied access to his
          family members until 17 October when he was transferred to a prison. In
          February 1993 he was sentenced to life imprisonment on charges of joining an
          “anti-State” organization and passing State secrets to the People's Democratic
          Republic of Korea and was being held in Chonju prison.
          594. Park Seok-jin was arrested in July 1993 and sentenced to 1Y years'
          imprisonment for deserting after making a “declaration of conscience”
          expressing his objection to completing his compulsory military service as a
          riot policeman. On 19 January 1994 he was allegedly beaten, tied with rope
          and ankle chains and put into a small “punishment” cell for 48 hours at
          Yongdungpo prison. Although the rope and ankle chain were subsequently
          removed he was subjected to a one-month term of close confinement for having
          failed to stand to attention when the director of the prison entered his cell
          on 19 January 1994.
          Follow-up to cases already transmitted to the Government
          595. By the same letter, the Special Rapporteur informed the Government that
          he had received additional information regarding a number of cases previously
          transmitted to the Government which in some respects contradicted the replies
          provided by the latter.
          596. On 22 July 1993 the Special Rapporteur sent an urgent appeal to
          the Government on behalf of Noh Tae-hun, arrested on 15 July 1993.
          On 5 August 1993 the Government replied by indicating the circumstances of the
          arrest and subsequent detention of Noh Tae-hun and mentioning the fact that he
          had not been restricted from meeting his attorneys or family members. Further
          information received from the sources referred to the fact that Noh Tae-hun
          had been deprived of sleep during lengthy interrogation sessions. During the
          first 48 hours of his detention he was allegedly allowed less than two hours'
          sleep.
        
          
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          597. Further information was also transmitted on the cases of Kim Sam-sok
          and Kim Un-ju, with regard to whom an urgent appeal had been addressed to the
          Government on 24 September 1993. In the reply provided on 22 October 1993 the
          Government stated that they had been treated humanely during interrogation and
          that no complaint had been filed by their family members or attorney with
          regard to their treatment in detention. According to the additional
          information received, Kim Sam-sok told his lawyer on 7 October 1993 that he
          had been stripped naked on several occasions and sexually assaulted by ANSP in
          order to force him to make a confession. On 20 September he attempted to
          commit suicide by hitting his head against a wall. On 21 September his wife
          was permitted to visit him and reported that his neck was in a cast, his head
          was swollen and his face was badly bruised and that he was unable to sit down
          because of a back injury. As for Kim Un-ju, she reportedly informed her
          lawyer that she had been deprived of sleep for several days after her arrest,
          was slapped and shaken, and was forced to do repeated physical exercises.
          She also reportedly stated that interrogators had threatened to strip her and
          abuse her sexually and that she made a confession which she later denied.
          598. On 12 November 1992 the Special Rapporteur communicated to the
          Government information received about the allegations of torture inflicted
          upon Kim Nak-jung and Noh Jong-sun, arrested in August 1992 and taken to ANSP.
          On 15 July 1993 the Government replied that after their arrest they had been
          permitted to meet their lawyers and that the allegations of beatings and sleep
          deprivation were unfounded. However, further information received indicated
          that Kim Nak-jung was not allowed to see his lawyer for 13 days and was in
          fact held incommunicado during that period. On 15 September he was
          transferred to the Seoul detention centre where he mentioned to visitors, who
          could see a scar on his head and bruises on his arms, that he had been
          deprived of sleep and beaten all over his body by a group of ANSP agents using
          clubs. As for Noh Jong-sun, he reportedly stated during his trial in early
          1993 that his statements to ANSP and the prosecutor had been coerced by means
          of humiliation and use of brutal force.
          Urgent appeals
          599. On 28 March 1994 the Special Rapporteur transmitted an urgent appeal
          on behalf of Hwang Seung-hyun, Lee Yoon-jung, Lee Sang-yeop, Jang Gee-bum,
          Kim Mee-Kyung, Lee Kwon-Seop, members and supporters of the singing troupe
          Heemangsae, who were arrested on 24 March by about 15 plainclothes police
          officers who produced no arrest warrant. They were taken to the Security
          Division of Seoul police headquarters. The arrest reportedly took place after
          the troupe members had participated in a peaceful rally to demand the release
          of five other Heemangsae members detained on 21 and 22 February, apparently
          suspected of planning to stage a musical based on a book which the authorities
          maintained praised the People's Democratic Republic of Korea.
          600. On 20 May 1994 the Government replied that a warrant for the arrest of
          the six troupe members had been issued on 24 March 1994 and that they had been
          allowed to meet their attorney on the day of their arrest. On 25 March
          Lee Yoon-Jung and Lee Sang Yeop were held under the arrest warrants, but the
          other detainees were released. On 26 March, Lee Yoon-Jung's mother and
        
          
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          Kim Mee-Kyung's father filed complaints against the policemen involved in the
          arrest on grounds of illegal arrest and detention and an investigation was
          being carried out on the basis of those complaints.
          601. The Special Rapporteur also transmitted an urgent appeal on 21 June 1994
          on behalf of the following persons: Ahn Jae-ku, aged 61; Ahn Young-mm;
          Ryu Nak-jin, aged 66; Kim Sung-hwan, a member of Korean Council of Youth
          Organizations (Hanchonghyop) in Pohang city; Kim Jin-bae; Jong Hwa-ryo;
          Jong Chang-soo; Hong Jong-hee and Park Rae-koon. These persons were among a
          group of at least 25 who were arrested on 14 June by ANSP and the police for
          alleged activities in support of the People's Democratic Republic of Korea.
          According to ANSP, some of the prisoners, including Ahn Jab-ku, were accused
          of forming an underground branch of the Workers' Party of Korea (WPK) and were
          said to have established in January 1993 a group called the National Front for
          Salvation of the Fatherland. Some of the other prisoners were accused of
          forming a group called the Korean Democratic Nationalistic Front. Those
          groups were said to support the People's Democratic Republic of Korea. The
          prisoners were reportedly being held for interrogation under the National
          Security Law.
          602. On 1 July 1994 the Government replied that the above-named individuals
          had been duly arrested pursuant to Korea's National Security Law and in full
          conformity with Korea's legal procedures and their rights under Korean law.
          Romania
          Information transmitted to the Government and replies received
          603. By letter dated 28 April 1994 the Special Rapporteur transmitted to the
          Government information he had received in the cases described in the following
          paragraphs. On 4 August 1994 the Government sent replies with respect to the
          allegations, summaries of which follow their corresponding descriptions.
          604. Andrei Tanase Zanopol was arrested without a warrant on 27 June 1993 near
          his home in Mazepa, Galati, by two police officers. He was allegedly tied
          with wire to an iron bar at the entrance to a building and beaten severely by
          the two officers in front of witnesses. He was then taken to the police
          station where the beating reportedly continued. On 1 July his lawyer reported
          that Mr. Zanopol's testicles were swollen, one arm appeared to be in a cast
          and there were bruises all over his body and on his face. It was also
          reported that Mr. Zanopol had received medical treatment from a doctor who
          refused to give him a certificate describing his injuries.
          605. The Government replied that Camelia Zanopol had filed a complaint in 1993
          to the Ia i military prosecutor's office, which found that Andrei Zanopol had
          not been beaten by the police and ordered no penal proceedings against the
          officers. The military prosecution section of the General Prosecutor's
          Office, however, re-examined the case on 14 April 1994 and determined that the
          previous decision was illegal and without grounds and ordered that criminal
          proceedings be undertaken against the officers and that all the relevant
          evidence be produced.
        
          
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          606. Costel Covalciuc, from Dorohoi, was arrested on 29 June 1993 at his home
          by two police officers. The following day, after a summary court hearing, he
          was sentenced to three months' imprisonment. On 4 July 1993 his family was
          informed that he had died that morning. Several members of the family
          reportedly went to the morgue and observed the body with blood-smeared hands
          and many bruises on the body, throat and temples. An autopsy was conducted
          and Covalciuc's father was given a form completed by the coroner which stated
          that the death had been “non-violent” and that it had been caused by an acute
          cardio-vascular insufficiency. The military prosecutor of Ia i who
          investigated the death concluded that the victim was not subjected to
          ill-treatment in detention and that external lesions could have resulted from
          “compression”.
          607. The Government replied that on 4 July, Costel Covalciuc had complained
          of severe chest pains and a doctor from Dorohoi hospital and inmates had
          attempted a heart massage. The doctor ordered him transferred to hospital,
          but he was pronounced dead on arrival. Because the cause of death was
          pronounced non-violent, the Ia i military prosecutor's office ordered that no
          criminal charges were to be brought in the case. However, reviewing the
          evidence, the military prosecution section of the General Prosecutor's Office
          on 14 April 1994 ordered a complete investigation and the re-examination of
          the forensic report by the Superior Forensic Commission of the Central
          Forensic Institute. Further measures would be taken upon receipt of the
          results of the re-examination.
          608. Viorel Baciu was arrested on 24 October 1988 and subsequently sentenced
          to several years' imprisonment on what were alleged to be false charges
          brought because of his father's activities as a member of the Jehovah's
          Witnesses. Considering that the charges were groundless and essentially
          illegal, the General Prosecutor on 8 January filed an extraordinary appeal and
          suspended further execution of the prison sentence, but the appeal was
          rejected and Viorel Baciu was reimprisoned on 8 February 1993. Following his
          arrest he was taken to the police station in Suceava and allegedly subjected
          to torture in order to force him to confess to the crimes with which he was
          charged. In the course of the torture he was beaten while suspended by the
          legs and on the soles of the feet. From 6 to 12 December 1988 he had to be
          treated in the Jilava prison hospital, reportedly for coughing and spitting
          blood and other injuries sustained during the investigation. In the presence
          of the investigating prosecutor, as well as during the trial, he retracted his
          confession, which was nevertheless taken into consideration by the Supreme
          Court.
          609. The Government replied that Viorel Baciu had made a complaint against
          a lieutenant colonel and other police officers but that the Ia i military
          prosecutor's office had ordered that no criminal charges be brought.
          On 28 April 1994 the military prosecution section of the General Prosecutor's
          Office annulled the decision, finding it illegal and ungrounded, and ordered
          that charges be brought and the evidence produced. The case was pending.
        
          
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          Information received from the Government on cases included in previous reports
          610. On 9 August 1994 the Government sent replies in regard to four individual
          cases transmitted by the Special Rapporteur in a letter dated 26 August 1993.
          The replies are summarized in the following paragraphs.
          611. In the case of Stefan Tasnadi, an ethnic Hungarian who was allegedly
          severely beaten with truncheons and fists by police on 25 August 1992 in
          Gherlu, Cluj county, the Cluj military prosecutor's office started an
          investigation into charges of abusive behaviour by two police officers.
          The testimony given during the investigation and the results of the forensic
          examination did not lead to the conclusion that Stefan Tasnadi had been
          beaten. Mr. Tasnadi had not informed the military prosecutor's office about
          the incident until 21 June 1993 and has since withdrawn the complaint.
          612. As to the case of Mihai Poteras, who was allegedly beaten for five days
          in the police station in Pascani, two police officers, Cuceac Gheorghe and
          Nistor Valeriu, were ordered committed for trial by the Bacàu military
          prosecutor's office on the charge of abusive inquiry under the Romanian Penal
          Code. It was established that during S and 6 February 1993 the officers
          severely beat Postera Mihai for the purpose of compelling him to admit to the
          crime of robbery, thus causing him bodily injuries which required 16 days of
          medical assistance.
          613. According to the allegations transmitted by the Special Rapporteur,
          Doru Marian Beldie had been beaten with truncheons on the palms of the hands
          and soles of the feet for several hours at the 17th district police station in
          Bucharest. The Government replied that an investigation by the Bucharest
          military prosecutor's office concluded that there was no violence exerted
          against Doru Marian Beldie. He was convicted of “sexual relations between
          persons of the same sex” with the aggravating circumstances of committing the
          offence against a minor and sentenced to 4Y years' imprisonment.
          614. Finally, in the case of Marcel Brosca, who was allegedly severely beaten
          by police in Teduci, the Ia i military prosecutor's office concluded that no
          violence had been exerted against him. He was convicted of robbery and
          homosexual activity and sentenced to five years' imprisonment.
          Saudi Arabia
          Information transmitted to the Government
          615. By letter dated 3 June 1994 the Special Rapporteur advised the
          Government that he had received information concerning the alleged torture
          and ill-treatment of Iraqi refugees held since 1991 in the camps of Artawiyya,
          which was closed in December 1992, and Rafha. According to the reports, the
          refugees had been tortured or ill-treated for a wide variety of perceived
          misconduct, including criticizing the camps' authorities, protesting living
          conditions and being “disobedient”, or in order to extract “confessions”.
          Forms of torture allegedly included systematic beatings all over the body,
          enforced standing for prolonged periods of time, the administration of
          electric shocks and dowsing with cold water while naked. Some persons were
          also allegedly subjected to hanging by the wrists from the ceiling or a high
        
          
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          window (ta'lig), beatings on the soles of the feet ( falaga ) and sleep
          deprivation for prolonged periods. Various forms of collective punishment,
          such as food and water deprivation, were also reportedly used against the
          refugees, particularly in response to protests about living conditions and
          treatment by the camp authorities.
          616. In August 1991 and July 1992 groups of refugees reportedly went on hunger
          strikes in Artawiyya camp demanding improvements in their living conditions
          and their resettlement in a third country. Many of those involved in these
          protests were later allegedly subjected to torture or ill-treatment, as in the
          cases summarized in the paragraphs below.
          617. Ya'rub Hassan Sun al-Khaffaji, the representative of block 11,
          compound 3 in Artawiyya camp, was on 13 September 1991 arrested with four
          other refugees following their participation in the first hunger strike in
          August 1991. They were taken to the “Emergency Unit” under accusation of
          sedition and inciting the refugees to strike. The soldiers reportedly forced
          him to take off his clothes and to lie on top of the bonnet of a car, the
          engine of which had been running for a period of time. The soldiers then
          allegedly rolled him across the bonnet, tied him to the side of the car, and
          beat him with clubs and lashes. After a doctor determined that his injuries
          were too severe to be treated at the camp clinic, he was transferred to the
          Hafr al-Eaten military hospital and later to Riyadh military hospital. Both
          his kidneys were permanently damaged. In January 1992 Ya'rub al-Khaffaji was
          reportedly given financial compensation following an investigation by the
          military authorities. However, no independent judicial inquiry into the case
          was carried out and none of the perpetrators was known to have been brought to
          justice.
          618. As'ad ‘Ali Hussein was arrested and taken to the “Emergency Unit” where
          he was stripped down to his underpants and handcuffed. He was then allegedly
          beaten with cables on his hands for about half an hour until his skin started
          peeling off, hit on the back with an iron bar and kicked. Thereafter he was
          tied to the back of a truck while naked and dragged along for three to five
          minutes, resulting in the dislocation of his left arm.
          619. Zahir Rizqi Saber was also punished as a result of his involvement in the
          hunger strike of 1991. He was allegedly stripped down to his underpants and
          tied to a wire fence between one and two hours, during which time he was
          beaten. The soldiers then cut his hair, mixed it with sand and water and
          forced him to eat it.
          620. Muhammad Khudhayr Mubarak Tu'ma was accused of sedition in the aftermath
          of the above-mentioned hunger strike. He was allegedly taken outside “the
          Emergency Unit”, stripped of his clothes, beaten severely, forced to crawl on
          his stomach with his hands tied behind his back and simultaneously lashed with
          cables for over two hours. As a result, he was allegedly no longer able to
          move and was dragged back into a tent by the guards. He died a few hours
          later.
          621. Bassam Yusuf Ibrahim al-Shamiri joined the second hunger strike in
          July 1992 in Artawiyya. A few days after he began the strike he fell ill and
        
          
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          was taken to the clinic. While he was still recovering an officer reportedly
          came to his room, accused him of seditious acts and hit him repeatedly on the
          back of the head with a club.
          622. The Special Rapporteur also transmitted information in the cases
          described in the paragraphs below.
          623. ‘Ali Muhsin Abu-Zahra was arrested in March 1992 at his living quarters
          in block 6, compound 3 of the Artawiyya camp, on charges of writing and
          producing a play criticizing the administration of the camp. He was allegedly
          taken to the “Emergency Unit” where he was stripped naked, threatened with
          rape, subjected to falaga , beaten and jolted by an electrified rod. He was
          released in April 1992 after spending one month in incommunicado detention.
          624. Dhia'Shabeeb was reportedly arrested in Artawiyya camp for having
          disobeyed an order issued by the camp authorities. He was allegedly taken
          outdoors and tied to a pole which had a bright lamp fixed at the top,
          attracting a large number of mosquitoes and other desert insects at night.
          When he was returned to his block the next day his body was bruised and
          severely swollen.
          625. Hussein al-Jizani was in compound S in Rafha camp on the night
          of 18 April 1993 when he reportedly fell ill and went out to seek medical
          help. He was spotted by an army patrol, stopped for breaching the night
          curfew, and repeatedly and violently beaten by the soldiers in the presence
          of 15 witnesses, as a result of which he died that night. It was also
          reported that the witnesses were ill-treated to force them to sign a statement
          to the effect that Husseil al-Jizani had died of a heart attack.
          626. The Special Rapporteur also informed the Government that he had
          received reports indicating that the punishment of flogging was widely used
          in the camp and was imposed by a Shari'a court judge for a wide range of
          offences, including sexual acts between unmarried heterosexual couples and the
          consumption of alcohol. Persons were allegedly brought before the judge in
          the absence of any defence counsel and often convicted solely on the basis of
          a “confession” signed under duress. Thus on 23 July 1992 four refugees from
          Diwaniyya were arrested in Rafha on charges relating to the consumption of
          alcohol. ‘Abbas ‘Ali Mahawi, charged and convicted of being in the company of
          men drinking alcohol, was sentenced to 73 days' imprisonment and 80 lashes.
          ‘Ali Sabah Ward, charged and convicted of brewing alcohol, was sentenced to
          two years' imprisonment and 400 lashes. Muhammad Masayri' Hassan, charged and
          convicted of alcohol consumption, was sentenced to six months' imprisonment
          and 300 lashes. Hadi Nasser Hussein, charged and convicted of drinking and
          selling alcohol, was sentenced to 300 lashes. They were all said to have been
          administered the full number of lashes to which they had been sentenced.
          Urgent appeals
          627. On 11 October 1994 the Special Rapporteur transmitted to the
          Government an urgent appeal concerning Dr. Mohamed Kamel Mohamed Khalifa, an
          Egyptian physician detained in El Brida prison in El Qasim, who reportedly was
          sentenced to flogging after being convicted of telling lies. He was said to
          have been so charged because he filed a complaint against the principal of
        
          
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          Saoud El Kabir school in El Bakeereya, El Qasim, charging him with sexually
          abusing his son. Dr. Khalifa was reportedly sentenced to receive 80 lashes in
          front of the school when pupils were leaving, as well as another 120 lashes -
          60 lashes twice after Friday prayers over a period of two weeks in
          El Bakeereya. The Special Rapporteur informed the Government that he shared
          the views of other bodies within the United Nations system that corporal
          punishment was inconsistent with the prohibition of torture and other cruel,
          inhuman or degrading treatment or punishment as enshrined in various
          international instruments.
          Observations
          628. In the absence of information from the Government, the Special Rapporteur
          is disposed to consider that the allegations of torture and cruel and inhuman
          treatment and punishment of Iraqi refugees described above may be well
          founded.
          Senegal
          Urgent appeals sent and replies received
          629. The Special Rapporteur sent an urgent appeal to the Government
          on 3 March 1994 on behalf of Lamine Samb, a teacher, who was arrested at his
          home on 17 February 1994 after taking part in a demonstration the previous
          day. He was taken to the Criminal Investigation Department in Dakar and,
          although in good health at the time of his arrest, he was two days later taken
          in a coma to the main hospital in Dakar, where he died shortly afterwards.
          Fears were expressed concerning the torture or ill-treatment to which he might
          have been subjected and which might have caused his death. According to the
          information received, some 40 other persons were also arrested following that
          demonstration. Fears were likewise expressed about the treatment to which
          they might be subjected during their detention.
          630. On 8 July 1994 the Government replied that Lamine Samb had been taken
          from custody to the main Dakar hospital on 19 February because he was vomiting
          and suffering from vertigo. An autopsy revealed a heart attack to be the
          cause of his death. Neither he nor any of the other arrested demonstrators
          was subjected to ill-treatment in detention.
          Information received from the Government on cases included in previous reports
          631. On 26 August 1993 the Special Rapporteur transmitted information on the
          case of Mody Sy, a parliamentarian who was reportedly detained in Dakar in
          May 1993 and tortured, including by electric shocks to his fingers and
          genitals, to make him confess to the murder of the Vice-President of the
          Constitutional Council. The Special Rapporteur also communicated the case
          of Ramata Guèye, arrested on 14 July 1993 in connection with the same
          investigation as Mr. Sy and allegedly tortured at Thiès police station.
          632. By letter dated 20 January 1994 the Government replied that at the end
          of his police custody, Mody Sy was examined at his request by a doctor, whose
          official report made no mention of ill-treatment. After his first appearance
          before the examining magistrate on 27 May 1993, he was re-examined at the
        
          
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          request of his counsel and in his official report the appointed doctor
          described Mr. Sy as being in good general health but noted the presence of
          “scars of grazes on the anterior sides of the forearms and legs” and referred
          to abdominal pains accompanied by hiccups for which he had already examined
          him twice since the commencement of his detention. When the abdominal
          symptoms recurred on 1 June 1993, Mody Sy was prescribed treatment and had a
          fibroscopy on 21 June 1993 and an X-ray of his lower back region on 14 July,
          the results being satisfactory. After an examining magistrate on 22 July 1993
          ordered Mr. Sy to undergo a full examination, the doctor informed the
          magistrate that Mr. Sy had refused to undergo such an examination. In the
          case of Miss Ramata Guèye, a certificate supporting her allegations had not
          yet been produced before any authority. The procurator general to the court
          of appeal did not receive a complaint by Mr. Mody Sy's lawyers until
          30 July 1993. This complaint gave rise to an immediate inquiry, whose
          findings were reflected in a report of 4 August 1993 of the Deputy Senior
          Commander of the National Gendarmerie, Under-Director of Military Justice.
          All of the police officers participating in the investigation of the
          assassination were questioned, including those who had been charged by Mr. Sy
          and Miss Guèye, with the exception of a certain senior sergeant who was
          unknown in the Western Legion of the Dakar gendarmerie. The inquiry produced
          no result, apart from charges by some and denials by others, and a search of
          the entire premises of the Thiong gendarmerie had proved fruitless.
          South Africa
          Urgent appeals
          633. The Special Rapporteur sent five urgent appeals to the Government on
          behalf of the people mentioned below. The dates on which the appeals were
          transmitted appear in parenthesis at the end of the corresponding summaries.
          634. Johannes Setlae, an African National Congress (ANC) committee member
          in Mogogoe village, near Mafikeng, was detained on 12 January 1994 after
          police broke up a voter education meeting of about 100 people organized by
          members of the local ANC youth league. The local President of the youth
          league, Ofentse Kogotsitse, Johannes Setlae, and two other organizers of the
          meeting, at Ofentse's home near the meeting place, were ordered to “disperse”
          but Ofentse argued that he was, in fact, at his home. The police then
          reportedly attempted to assault the four men. When Of entse's mother tried to
          intervene, one policeman allegedly hit her and she fell down, so prompting
          Johannes Setlae to throw an empty bottle at the police which struck one of the
          officers. The police reportedly then assaulted Johannes Setlae with blows
          from fists and open hands, booted feet, and sjamboks (whips) , and arrested
          him. He was believed to be held incommunicado at Mmabatho police station and
          fears were expressed that he would be denied proper medical care for his
          injuries and be further subjected to ill-treatment.
          635. Information was also received with regard to the following persons
          arrested: Theo Mabusela, Chairperson of the Pan Africanist Congress of Azania
          (PAC) , Western Cape Region; Michael Siyolo, PAC organizer, Western Cape
          Region; Mncebesi Leonard Naso; Zola Prince Mabala; Richard Dala, PAC Executive
          member, Western Cape Region; Konzaphi and Rhanugu. According to the reports,
          Michael Siyolo and Theo Mabusela were arrested in Cape Town on 3 January 1994
        
          
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          in connection with the police investigation into the murder of four people
          and wounding of seven others by gunmen who had attacked a tavern on
          30 December 1993. The other detainees were arrested between 4 and 7 January,
          including Mncebisi Leonard Naso and Zola Prince Mabala, whom police arrested
          in the Eastern Cape near the Transkei border. It was reported that all of the
          detainees were being held incommunicado, apparently at different police
          stations in the Cape Town area, under section 29 of the Internal Security Act
          under which the police could detain a person incommunicado for interrogation
          purposes for 10-day periods renewable by the agreement of a Supreme Court
          judge (20 January 1994)
          636. Disturbances broke out at Pollsmoor prison on 18 March 1994 following an
          announcement by the Transitional Executive Council that certain categories of
          prisoners would not be allowed to vote. Some prisoners reportedly barricaded
          themselves into their cells and set fire to bedding and the prison staff fired
          tear-gas into locked cells and assaulted prisoners with batons. Injuries
          inflicted on prisoners were said to include open wounds and broken ribs, as in
          the case of Ebrahim October, who was allegedly assaulted and suffered head
          injuries. No independent medical access to the prisoners was permitted and
          relatives feared that those injured were being denied adequate medical care.
          At Boksburg prison on the East Rand, more than 60 prisoners were reportedly
          injured on 18 March after officers of the Internal Stability Unit (ISU) of the
          South African Police assisted prison staff in securing the release of two
          prison warders taken hostage by prisoners. After the warders had been
          released unharmed, members of the ISU reportedly lined up prisoners and beat
          them with batons (25 March 1994)
          637. Michael Mathe was arrested on 9 January 1994 in the East Rand township of
          Katlehong by officers of the ISU, after senior ANC and South African Communist
          Party officials and journalists visiting Katlehong were fired upon by gunmen
          from a nearby migrant worker's hostel. After the attack, officers of the ISU
          shot dead one ANC member, and injured another youth whom they arrested
          together with Michael Mathe, who was a member of a local self-defence unit.
          On the night of 9 January, when police officers returned with Michael Mathe to
          search his home, a witness reportedly observed that he was unrecognizable
          because his face had been so severely beaten. Between 9 and 11 January he was
          taken to Nyoni Farm police base, the headquarters of the SAP Political and
          Violent Crime Unit, where he was allegedly assaulted repeatedly under
          interrogation by police officers who also threatened to use a police dog to
          attack him. He later told his lawyer that, under this duress, he signed
          statements which were repeatedly rewritten by his interrogators. According to
          the information received, he appeared to be seriously affected by the torture
          and those visiting him recently have expressed concern about his deteriorating
          mental state (29 March 1994)
          638. The following persons from a rural area near Eshowe were reportedly
          arrested by police on 9 April 1994 and held under state of emergency
          regulations imposed in Natal province on 31 March 1994: Ollie Shange,
          Khumbuza Shange, Goodwill Shange, Bhekinkosi Shange, Mpusophe Shange,
          Bazakuyena Shange, Phendu Shange and Bhekuwiye Thene. They were said to be
          held at the Eshowe prison. The following persons were reportedly being held
          in a communal cell at Empangeni prison: Sibusiso Cele, Thokozani Ndlovu,
          William Sithole, Siyabonga Nthuli, Zwelakhe Mntambo, Efraim Mntambo,
        
          
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          Patrick Cele, Torch Gumede, Desmond Mkhize, Sabelo Cele, Bhekuwakhe Vilakazi,
          Mbuso Bulunga, Thulani Mkhize, Thembinkosi Ngema, Dumisani Msibi,
          Xolani Thembe, Panama Ngema, Khulekani Zulu, Khumbulani Ngema. Sibusiso Cele
          and Thokozani Ndlovu, from Dlangezwa, Empageni, were arrested and allegedly
          assaulted at their homes on 11 April by officers of the ISU. William Sithole,
          who was arrested at his home in the Empangeni area on 10 April, was held in an
          ISU police vehicle for approximately 24 hours before the police reported his
          arrest to a police station. While inside the vehicle he was allegedly
          subjected to torture by having a rubber tube pulled tightly across his face as
          if to suffocate him, was choked, and was given electric shocks while being
          interrogated about the whereabouts of weapons. The 16 others, high school
          students aged between 16 and 20 years old, from the Matubatuba area, were
          arrested on 12 April during house-to-house searches and were allegedly handled
          roughly during their arrest. Aridiras Gcaba was arrested in Port Shepstone
          on 19 April when police intercepted a taxi he was taking to Durban
          (28 April 1994)
          639. Zola Mkululi Prince Mabala, the subject of the 20 January urgent appeal,
          and Brian Vuyisile Madasi were arrested on 4 January 1994 in Elliot, in the
          Eastern Cape, and held incommunicado under section 29 of the Internal Security
          Act until 3 February. Brian Madasi alleged in the course of a court
          appearance on 3 February that after his arrest the police had assaulted him at
          Aliwal North police station by stabbing his penis with a long pin, that at
          Bellville South police station in Cape Town he was subjected to electric
          shocks on his fingers, and that at the offices of the Crime Intelligence
          Service in Loop street he was assaulted with the butt of a gun. Zola Mabala
          alleged that he had been hit with batons at Elliot police station and
          subjected to electric shocks at Bellville South police station (25 May 1994)
          Spain
          Information transmitted to the Government and replies received
          640. By letter dated 4 July 1994 the Special Rapporteur informed the
          Government that he had received information on the cases of torture
          summarized in the following paragraphs. The Government responded to them
          on 27 October 1994.
          641. Maite Elizegi Mitxelena was arrested on 24 September 1993 at her home in
          Oyarzün Guipüzcoa, by members of the Civil Guard. During interrogation at the
          Tres Cantos command post in Madrid she was allegedly forced to remain in one
          position for a prolonged period and had a plastic bag placed over her face.
          She was released on 26 September 1993 without charge.
          642. Axier Gofli Arsuaga was arrested on 23 September 1993 at his home in
          Urnieta, Guipüzcoa by members of the Civil Guard who took him initially to the
          Aritiguo, Donostia barracks and subsequently to the Tres Cantos command post
          and the headquarters of the Civil Guard (DGGC) in Madrid. During his
          detention, he was allegedly beaten severely on the head, stomach, back and
          testicles. He was also forced to do press-ups to the point of exhaustion, and
          had a plastic bag placed over his face. On 25 September 1993, he was released
          without charge.
        
          
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          643. Mikel Iturbe Iturzaeta was arrested on 24 September 1993 in a bar at
          Hernani, Guipüzcoa by members of the Civil Guard. He was reportedly first
          taken to the Antiguo barracks and subsequently transferred to the Tres Cantos
          command post. During his detention he allegedly received numerous heavy blows
          to the head and the ribs and had a plastic bag placed over his face. He was
          released without charge on 26 September 1993 and subsequently filed a
          complaint with the court alleging torture.
          644. Manuel Arozena was arrested on 24 September 1993 at his home at Hernani
          by Civil Guards who first took him to the Antiguo barracks and subsequently
          transferred him to the Tres Cantos command post. During his detention, he
          allegedly received numerous blows to the head, was forced to remain in an
          unnatural position and to do press-ups, and had a plastic bag placed over his
          face. He was released without charge on 26 September 1993 and subsequently
          lodged a judicial complaint alleging torture.
          645. Gorka Lôpez Canseco was arrested on 15 June 1993 at his home in Toloso,
          Guipüzcoa. Following his transfer to the Civil Guard barracks at Jthtiguo, he
          was reportedly subjected to constant threats against himself and his family,
          beaten about the head and burned on the back, probably with a cigarette. He
          was also forced to remain with his legs on the ground and his hands resting on
          the bed for one hour, while one civil guard sat on top of him and another beat
          him. Some hours later he was released without charge and he subsequently
          filed a judicial complaint.
          646. José Lasarte Garmendia was arrested on 27 October 1993 at his home in
          Hernani by members of the Civil Guard. He was first taken to the Jthtiguo
          barracks and subsequently transferred to the DGGC in Madrid. During his
          detention, he was reportedly subjected to electric shocks and had a plastic
          bag placed over his face. He had to be transferred to the Gômez Ulla military
          hospital due to acute precordial pain. He was released without charge
          on 30 October 1993 and he subsequently applied for a judicial remedy.
          647. José Luis Zabala Amondarain was arrested on 28 October 1993 at his home
          in Ibarra, Guipüzcoa, by members of the Civil Guard. He was initially taken
          to the Antiguo barracks and subsequently transferred to the DGGC. During
          interrogation, he reportedly received blows to the head, had a plastic bag
          placed over his face and was forced to remain in one position for a prolonged
          period. He was released without charge on 30 October 1993.
          648. Bittor Etxeberria was arrested on 28 October 1993 at his home in Ibarra
          by members of the Civil Guard, and initially taken to the Antiguo barracks and
          subsequently transferred to the DGGC. While in detention he was allegedly
          beaten, had a plastic bag placed over his face and was threatened with death.
          On 30 October 1993, he was released without charge.
          649. Ibm Ortiz Digôn was arrested on 28 October 1993 at his home in Tolosa,
          Guipüzcoa, by members of the Civil Guard. He was first taken to the Jthtiguo
          barracks and subsequently transferred to the DGGC. While in detention, he
          allegedly received blows to the head and back of the neck, administered with a
          ruler and a telephone book, and had a plastic bag placed over his face and was
          threatneed with death. On 30 October 1993, he was released without charge.
        
          
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          650. Aitor MendizIbal Arburua was arrested on 28 October 1993 at his home in
          Ibarra by members of the Civil Guard and was initially taken to the Antiguo
          barracks and subsequently transferred to the DGGC. While in detention, he
          reportedly suffered blows to the head, neck and stomach administered with
          newspapers and with bare hands. He also had a plastic bag placed over his
          face, was forced to stand for a prolonged period, and was subjected to a mock
          execution. On 30 October 1993, he was released without charge.
          651. Oscar Otxoa Ansorena was arrested on 28 October 1993 at his home in
          Tolosa by members of the Civil Guard who initially took him to the Antiguo
          barracks and subsequently to the DGGC. While in detention, he allegedly
          suffered blows to the head and had a plastic bag placed over his face and was
          threatened with death. He was released without charge on 30 October 1993.
          652. Jon Aguirre Garate was arrested on 28 October 1993 at his home in
          Ibarra by members of the Civil Guard. He was initially taken to the Jthtiguo
          barracks and subsequently transferred to the DGGC. While in detention, he
          allegedly suffered blows to the head and had a plastic bag placed over his
          face. He was released without charge on 30 October 1993, after having made a
          statement which allegedly had been dictated to him by police officers.
          653. Iflaki Agirrezabala Aristi was arrested on 28 October 1993 at his home
          in Ibarra by members of the Civil Guard. He was first taken to the Antiguo
          barracks and subsequently transferred to the DGGC. While in detention, he
          reportedly suffered blows to the back of the neck and the stomach and had a
          plastic bag placed over his face. He was also allegedly forced to do about
          600 press-ups with a plastic bag placed over his head. He was released
          without charge on 31 October 1993 and subsequently lodged a judicial
          complaint.
          654. Maria Josefa Lizarribar Urrillum was arrested on 20 September 1993 at her
          home in Orereta, Guipüzcoa, by members of the Civil Guard. She was initially
          taken to the Antiguo barracks and subsequently transferred to the Tres Cantos
          command post in Madrid. She was allegedly beaten and subjected to electric
          shocks to the neck, as well as to a plastic bag placed over her face, sexual
          harassment and threats. Her hospitalization was ordered by the judge in the
          National High Court before whom she made a statement.
          655. José Julimn Irastorza Goitia was arrested on 21 September 1993 at
          his home in Uruieta Guipüzcoa. He was first taken to the Antiguo
          barracks and subsequently transferred to the Tres Cantos command post.
          On 24 September 1993 he was reportedly released without charge.
          On 29 September 1993 he filed a judicial complaint alleging that he had been
          struck on the back of the neck and the forehead, had been obliged to remain in
          the same position for a prolonged period and had received threats. He also
          claimed that he had a plastic bag placed over his face.
          656. With regard to these 15 cases, the Government replied that the
          allegations of ill-treatment were false. All the arrests were communicated to
          the judicial authorities and the detainees were all examined by physicians
          assigned to the Audiencia Nacional who did not find evidence of ill-treatment.
        
          
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          No complaints were filed with the judicial authorities except in the case of
          José Lasarte Garmendia; this was being investigated by judge number S of
          San Sebastimn.
          657. Juan Carlos Ruiz de Viflaspre was arrested on 26 April 1993 at his home
          in Gasteiz. During 31 hours of interrogation at Gasteiz National Police
          station, he was reportedly punched and slapped on the head, stomach,
          testicles, ears and neck. He was also allegedly forced to do press-ups to the
          point of exhaustion and was subjected to threats, including by having a gun
          put to his throat and his head. Following his release without charge, he
          lodged a judicial complaint. The Government replied that Mr. Ruiz was
          arrested on 26 April 1993 at 00.05 hours. At 21.15 hours he was visited by
          the forensic physician and the judge. On 27 April 1994 at 04.10 hours he was
          subjected to interrogation for the first time and in the presence of a lawyer
          and at 05.00 he was released. He was never subjected to ill-treatment.
          658. Francisco Barandalla Iriarte was arrested on 16 May 1993 at
          Etxarri-Aranatz (Navarra) . At the Civil Guard barracks at Altsasu, he was
          allegedly struck on the back with a hard object, as a result of which he had
          to be treated at a health centre. The corresponding medical report noted the
          presence of “extensive bruising in the dorsal area” . He was released without
          charge on 18 May and he filed a judicial complaint on 25 May 1993.
          659. With respect to this case, the Government replied that the allegations of
          ill-treatment were false and that Mr. Barandalla never filed a complaint with
          the judicial authorities. At the moment of his arrest he resisted and the
          Civil Guards had to use force. On the other hand, it is not true that he was
          released without charges; in fact, he was subsequently sentenced to 12 months'
          imprisonment.
          660. Euken Garmendia Martinez was arrested on 23 September 1993 at his home
          in Urnieta by members of the Civil Guard who reportedly took him first to the
          Aritiguo barracks and subsequently to the Tres Cantos command post. He
          allegedly received blows to the testicles, head, neck and back, was obliged
          to do press-ups and had a plastic bag placed over his face. He was released
          without charge on 26 September 1993 and subsequently lodged a judicial
          complaint alleging torture.
          661. Pablo Aperribay Bediaga was arrested on 17 July 1993 in Basauri, Viscaya,
          by members of the Ertzainta autonomous police force. He reportedly received a
          beating at the Galdakano police station, as a result of which he had to be
          transferred to the hospital where he was given a surgical collar. The
          following day, he was released without charge and he subsequently lodged a
          judicial complaint alleging torture.
          662. With respect to this case, the Government sent a number of documents
          referring to the circumstances in which Mr. Aperribay was arrested. According
          to them, he resisted and caused injuries to a member of the police. It was
          therefore necessary to use force, as a result of which he was injured in both
          arms and the left leg. He was subsequently taken to a clinic.
          663. Ismael Berasategui was arrested on 4 September 1993 at a road block
          set up by the Civil Guard at Alto de Arlabmn, Alava, and was subsequently
        
          
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          transferred to the Sasomendi barracks. A hood was reportedly placed over his
          head and he was forced to do press-ups for a period of 11 hours while being
          beaten with bare hands and with a sheaf of papers. He also allegedly received
          death threats. He was released the following day without charge and he lodged
          a judicial complaint on 8 September 1993.
          664. With respect to this case the Government informed that Mr. Berasategui
          remained in detention from 8.30 p.m. to 6.20 a.m. and that from 4.30 he was
          interrogated in the presence of his lawyer. The allegation that he was
          ill-treated for 11 hours is therefore false. Moreover, he never made a
          complaint before a judicial authority.
          665. Juan Calvo Azabal was arrested on 19 August 1993 at Nanclares de Oca,
          Alava, by members of the Ertzaintza police, who accused him of having stolen a
          vehicle at the Arkante base in Alava. According to the forensic report, his
          death was caused by asphyxiation triggered by the self-defence sprays used by
          the police. In addition, numerous wounds were reportedly discovered on the
          body.
          666. With respect to this case, the Government sent copies of a number of
          documents referring to the investigation carried out by the Public Ministry
          and the judge into Mr. Calvo's death. According to them, the police had to
          use the above-mentioned spray when they were attacked by the detainee who was
          trying to run away. At the same time he was severely beaten. Judicial
          procedings were initiated against eight policemen accused of being responsible
          for the death.
          Follow-up to cases included in previous reports
          667. In his letter of 4 July 1994 the Special Rapporteur reminded the
          Government of a number of cases transmitted in 1993 with respect to which
          investigations were pending. The Government referred to them in its letter
          of 27 October 1994. Regarding Eduardo Basabe Larrinaga and Germmn Cristôbal
          Aznar, the Government indicated that on 25 February 1994 the cases had been
          provisionally filed for lack of evidence. With respect to the case of
          Arnaldo Otegui Mondragôn, the Government stated that those accused had been
          acquitted. In the cases of Kepa Urra Goridi and Koldo Arrese Garate, the
          Government replied that the trial had not yet concluded.
          Sri Lanka
          Information transmitted to the Government and replies received
          668. By letter dated 5 August 1994 the Special Rapporteur informed the
          Government that he had received reports alleging that armed men from the army
          or other military forces, dressed either in military uniform or civilian
          clothes, had on numerous occasions arrested ethnic Tamils and held them in
          secret places of detention for a week or longer. One such location was
          alleged to be an army camp located off Galle Road, Kollupitiya, Colombo,
          behind the Indian High Commission and the American Information Centre. The
          detainees were said often to be interrogated under torture, the purpose of
          which was to make them confess to involvement with the Liberation Tigers of
          Tamil Eelam (LTTE) . Similar arrests were said to have been carried out by a
        
          
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          special operational unit under the Director of Military Intelligence which
          reported to the army commander and which had links with the National
          Intelligence Bureau (NIB) . This unit was reported to be using a private house
          near a railway line at Vanawasala, near Ragama, north of Colombo.
          669. The secret detentions were said to be carried out in contravention of
          Emergency Regulation (ER) 19(8), which makes it a criminal offence to detain a
          person in an unauthorized place of detention. The Secretary of Defence had
          recently published in Gazette No. 343 authorized places of detention. In
          addition, under ER 18 (1) , the army is required to hand over a suspect in the
          south of the country to the nearest police station within 24 hours of arrest.
          ER 18 also requires authorities to report arrests “forthwith” to the Human
          Rights Task Force (HRTF) , a body entrusted to monitor the observance of
          fundamental rights of detainees.
          670. On 2 November 1994 the Government responded by denying that there were
          secret locations at which detainees were held by military intelligence or
          the NIB.
          671. The Special Rapporteur transmitted to the Government the case of
          Arulappu Jude Arulajah, who was reportedly arrested on 2 October 1993 in
          Bambalapitiya by armed men in civilian dress and was blindfolded, handcuffed,
          and driven to the army camp off Galle Road referred to above. At the camp he
          was allegedly kicked and beaten with fists, wooden clubs and pipes used in
          construction work. He was also allegedly stripped naked while his hands were
          attached to chains on his legs, a wooden pole was suspended between two tables
          and he was hung with the backs of his knees over the pole. In this position
          his genitalia were cut, possibly with a hacksaw. During his detention at this
          locale he was allegedly kept blindfolded with his hands and feet chained in a
          darkened room, usually naked. On 10 December he was transferred to Panagoda
          Army Camp, which reportedly did not appear on the list of authorized places of
          detention in the June 1993 gazette. On 15 December 1993 he was transferred to
          the Criminal Investigation Department (CID) of Colombo police headquarters.
          The court of appeal was said to have ordered a medical examination pursuant to
          a habeas corpus petition, the result of which was unknown.
          672. The Government replied that Arulappu Jude Arulajah had been examined by
          a physician, on order of the court of appeal and that the medical report did
          not reveal an injury, old or new, in the region of his genitals. The habeas
          corpus application was withdrawn on 16 March 1994, as by then he had been
          released. The Panagoda army camp was in fact an authorized place of detention
          under the Emergency Regulations, having been so ordered on 1 October 1993 and
          published in the Gazette Extraordinary No. 806/6 of 15 February 1994.
          673. The Special Rapporteur also advised the Government that he had received
          reports indicating that ill-treatment and torture were used against Tamil
          detainees at police stations in order to get persons to confess to involvement
          with the LTTE. The reports described incidents of beatings at police stations
          of prisoners in their cells, inflicted randomly or for alleged minor
          infractions of the rules.
          674. In one case, Somasunderam Sivaganesh was arrested on 15 October and later
          remanded to Colombo remand prison. On 5 January 1994, after a habeas corpus
        
          
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          application had been made, he was reportedly taken to Crime Detection Bureau
          (CDB) headquarters. Jth assistant superintendent, together with a Tamil
          interpreter, prepared a statement containing admissions of LTTE involvement
          and told Mr. Sivaganesh that he would be released if he signed the statement.
          After he refused to sign, he was taken to another room, where he was allegedly
          punched in the ears, back and arms, and beaten with a wooden stick. He
          reportedly signed the statement following the abuse. He was said to suffer
          from hearing problems and abdominal pain as a result of the beatings. He was
          being held in Colombo remand prison. The court of appeal ordered the Attorney
          General to make a report on the case by 8 March 1994.
          675. According to the Government, Somasunderam Sivaganesh made no complaint of
          assault to the magistrate when he was produced in the magistrate's court of
          Colombo on 7 January 1994, nor did he make such a complaint to the High Court
          Judge upon pleading guilty.
          Information provided by the Government in connection with allegations included
          in previous reports
          676. On 23 December 1993 the Government transmitted information of a general
          nature regarding torture in the country. The Government noted that in its
          efforts to curb the activities of terrorist organizations, there had arisen
          allegations of excesses on the part of the security forces leading to the
          violation of human rights. Such excesses were not the outcome of a deliberate
          policy of the Government, but isolated acts carried out by some individuals.
          When such allegations were made, investigations were carried out and
          disciplinary action was taken against offenders. Victims of such violations
          could seek redress through the Supreme Court, as torture or cruel, inhuman or
          degrading treatment was prohibited under the Constitution of Sri Lanka. By
          these means victims could seek compensation. Contrary to the allegations
          contained in the letter of the Special Rapporteur of 3 November 1993, there
          were in fact instances where the Supreme Court had inquired into allegations
          of violations of fundamental rights by individual members of the armed forces
          and police and had awarded compensation to the victims.
          677. The Government further informed the Special Rapporteur that all detainees
          were accessible to the ICRC and the HRTF, an independent body established by
          the Government to look after the welfare of detainees. The Government also
          informed the Special Rapporteur that in December 1993 Sri Lanka had become a
          party to the Convention against Torture and Other Cruel, Inhuman or Degrading
          Treatment or Punishment.
          678. On 1 November 1994 the Government replied with respect to two cases
          transmitted on 3 November 1993. In the case Sinnathurai Mohan, who had
          allegedly been ill-treated in the custody of the navy and army as well as at
          Kalutara prison, he had been treated on about 10 occasions for various
          ailments at the prison hospital at Kalutara, but had not made any complaints
          of assault to the medical officer. With respect to Packinyanathan Anton, who
          was allegedly tortured in the custody of the navy and at Palaly prison, the
          allegations were also baseless.
        
          
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          Sudan
          Information transmitted to the Government
          679. By letter dated 11 July 1994 the Special Rapporteur informed the
          Government that he had continued to receive reports indicating that torture
          was practised widely by the police and security forces. Persons detained for
          political reasons were said to be particularly vulnerable to torture. Many
          such detainees were allegedly held incommunicado for prolonged periods in
          secret detention centres known as “ghost houses”
          680. The Special Rapporteur also transmitted the cases summarized in the
          following paragraphs.
          681. Mustafa Sin Suliman, secretary general of the Omdurman Ahlia
          University Students' Union, was reportedly detained by security forces
          on 27 November 1993 and held in a “ghost house” and tortured.
          682. Osman Omer El-Sharief, an MP who had formerly held governmental posts as
          Minister for Housing, Minister of Justice, and Attorney General, was
          reportedly arrested on 17 February 1994 in Wad Medani, held for 11 days and
          then transferred to Khartoum. He was thereafter allegedly detained in a
          “ghost house”, subjected to torture and denied medical care. He had
          previously been sentenced to 10 years' imprisonment after the 1989 coup
          d'etat , but had been released after serving two years.
          683. Brigadier (retired) Mohammed Ahmed al-Rayah al-Faki, aged 52, was
          reportedly arrested on 20 August 1991 by security officers, tortured in
          detention, tried on 23 September 1991 by a secret military tribunal and
          sentenced to death, later commuted to life imprisonment. During an 18-month
          stay in Shalla prison in Darfur, he was allegedly subjected to a variety of
          forms of torture, including prolonged blindfolding, severe beatings, hosing
          with hot and cold water, being chained and suspended for periods of up to two
          days, and being locked for prolonged periods in toilets. He was also
          allegedly subjected to abuses by a particular official, including rape, having
          his testicles crushed and genitalia pulled by pliers, having a stick placed
          between his legs while having his body bent back and being beaten severely on
          the stomach, and being subjected to electric shocks and cigarette burns. As a
          result of his ordeal, he was said to have suffered chronic headaches, a
          seizure, the loss of his left testicle, difficulty in moving his bowels, a
          slipped disc in the back, temporary paralysis of the left leg, the loss of
          teeth, damage to the salivary glands and deterioration of his eyesight. In
          May 1993, after having been transferred to Kober prison, he was taken to
          hospital for treatment, but was forcibly removed by security forces against
          the objections of the physician and eventually transferred to Suakin prison.
          In October 1993 Brigadier Mohamed al-Rayah and five other prisoners, including
          former Minister for Religious Affairs Abdel Rahman Abdallah Nugdalla,
          Major General Bushra Ahmed Rahama, Col. Shakir Shams el-Din, Brig. Hashim
          el-Kheir Hashim, and Ali Dahab Hassanein were reportedly being transferred
          from Suakin to Port Sudan hospital for treatment following severe torture in
        
          
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          prison. They were allegedly intercepted by security forces, locked in Port
          Sudan security headquarters cells and again tortured. Brigadier Mohammed
          al-Raya was said to have collapsed and suffered a deterioration in health and
          was being treated in Port Sudan hospital.
          684. Sayed Omer Awad Abu Garja, a former employee of the forest
          administration, was arrested in June 1993 in Damazeen and allegedly subjected
          to torture. He was transferred to Wad Medani town on 15 July 1993 and taken
          to “ghost house” No. 114 facing the electricity administration buildings.
          His subsequent whereabouts were unknown, although Wad Medani authorities
          reportedly said that he had been transferred to Khartoum prison. It was
          feared that he had been tortured to death.
          685. Camillo Odongi Loyuk, a former soldier working as a senior civil servant,
          was reportedly arrested in Khartoum on 1 August 1992. In December 1992 he was
          allegedly tied spread-eagled to the bars of a window, a noose tied to tighten
          as he moved was bound around his testicles, and he was then beaten. He
          allegedly died as a result of the torture.
          686. Farouk Ali Zakaria and Abdel Hamid Ali Basheir, both members of the
          Communist Party, and Yousif Abdalla, a veterinarian, were arrested in
          December 1992 by the security forces and were reportedly held incommunicado in
          a “ghost house”. They were allegedly being subjected to continuous torture.
          687. The Special Rapporteur advised the Government that he had received
          further reports according to which flogging was sometimes imposed judicially
          as punishment pursuant to criminal conviction. On 2 September 1993, 10 men
          were arrested by security officers at a party at the home of Kamal Mekki
          Medani in Wad Medani. In addition to Kamal Mekki Medani, those arrested were
          said to include Mamoun Mekki Medani; Al-Haj Mekki Medani; Hisham El Kareb;
          Gaafar Mohamed Ahmed; Mohamad al-Amin Gaith; Amir al-Tilib; Salah Disougi;
          Jthdin Miheisi; and Kamal Ahmad Saleh. The raid was allegedly undertaken for
          political reasons, as some of those gathered were related to Amin Mekki
          Medani, an exiled senior member of the National Democratic Alliance. The
          detainees were reportedly taken to a security house, whereupon Kamal Mekki
          Medani was beaten. They were initially accused of holding a political
          gathering, but were ultimately charged with consumption of alcohol. They
          were convicted and sentenced at a public court hearing on 11 September 1993
          to 40 lashes. On 2 November 1993 the sentences were carried out against all
          except for Hisham el Kareb and Abdin Miheisi, after medical reports were
          submitted indicating that the two men were not physically fit to withstand the
          flogging. Kamal Mekki Medani was allegedly flogged despite medical evidence
          that he suffered from hypertension and diabetes.
          688. The Special Rapporteur also informed the Government that he had
          received reports that military intelligence officials, soldiers, and members
          of the People's Defence Force frequently tortured prisoners arrested during
          operations in the Nuba mountains and southern Sudan. Among the methods of
          torture reported were severe beatings, water and food deprivation, forcing
          prisoners to watch the executions of other prisoners, tying a bag of chili
          powder over the head, rubbing chili peppers into wounds, and flogging a victim
          hanging for a period of days from a wooden pole with the elbows tied to the
          knees. In Juba, a building near the military headquarters known as the “White
        
          
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          House”, an army barracks near the White Nile bridge known as the Mechanized
          Battalion, and the headquarters of the Internal Security Agency near the old
          commercial centre were places where torture was reported to be often carried
          out. The following cases were reported:
          (a) Ahmed Nasser was arrested in Dilling in May 1992 and allegedly
          blinded deliberately before being released;
          (b) Khalifa Naway, a miner and Shaib Sabreya, a farmer from al-Maryam,
          were allegedly tortured by troops in the Tima area after they were captured
          and accused of being members of the Sudan People's Liberation Army (SPLA);
          (c) Ismael Sultan and Sheik Hamdin, a chief from Katla south of
          Dilling, were allegedly tortured to death in April 1992 in el-Obeid;
          (d) Mohamed Hamad and Ramadan Jaska, both from Dilling, were reportedly
          tortured to death.
          Urgent appeals transmitted to the Government and replies received
          689. The Special Rapporteur made 12 urgent appeals on behalf of the persons
          mentioned in the following paragraphs. The dates on which the appeals were
          transmitted appear in brackets at the end of the corresponding summaries.
          690. Four senior members of the banned Umma Party were arrested in Khartoum
          during the first week of February 1994 under Decree Two of the emergency laws.
          They were identified as El-Fadil Adam Ismail, Secretary General of the Umma
          Party's youth organization; Abdallah Barakat, imam of the Ansar religious
          order; Ismail el-Haj Baloul; and Dafallah Mohamed Abdallah. Their place of
          detention was not disclosed, thus preventing the families and lawyers having
          access to them (23 February 1994)
          691. Magdi Mohamedani, a trade unionist and member of the banned Sudan
          Communist Party (SCP) , was reportedly arrested in Khartoum in early
          February 1994 and was being held incommunicado in an unknown detention centre
          (3 March 1994)
          692. ‘Izzat Mirghani Taha', Ala Mirghani Taha, Ali Hassan Taha, Adil Samsa'ah,
          Khalif a Khader Kemair, Kamal Abu al-Gassim, Kamal Osman Badai, Kamal Badai,
          Bashir Badai, Hamuda al-Sheikh, Khajeli Saleh Khajeli, Dr. Kamal Mahmud
          Gadien, Baha' Abul-Qasim, Saad Karrar, Ali Jaaf'er, Ali-Sadiq Abdel-Magid,
          Hamaza, Rabie' Ahmed al-Rayah, and Abdel-Rahim Faisel were among a group of
          around 30 individuals arrested on 10 March 1994 by security officials. The
          arrests were said to have taken place at a house in Khartoum where relatives
          and friends were gathering to commemorate the anniversary of the execution of
          28 army officers on 24 April 1990. It was reported that some persons were
          assaulted at the time of their arrest.
          693. By the same appeal, the Government was informed that information had
          been received regarding the arrest on 27 February 1994 of Abdel-Mahmud Abbo,
          a leading member of the Arisar religious order, the day after he had made a
          speech critical of the Government at Wad Nubawi mosque in Omdurman. The next
          morning the following Umma Party members, who had been at the mosque were also
        
          
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          arrested and detained for several hours: Abdel-Rahman al-Sadiq al-Mahdi,
          former army officer and son of former Prime Minister al-Sadiq al-Mahdi;
          Abdel-Rahman Farah, former head of security; Dr. Ibrahim el-Amin, former
          government minister, and Abdel-Mahmud Haj Salih, former Attorney General.
          Another senior member of the Umma Party, Sarah Nugdallah, Chairperson of the
          Women's Committee of the party, was also reportedly arrested on 7 March and
          briefly detained. All five were reportedly ordered to report early each
          morning to the security headquarters in Khartoum where they would be held
          until late at night and then allowed to return home. Reports were also
          received according to which security officials raided the Khartoum offices of
          the daily newspaper Al-Sudani al-Doulia on 24 February 1994 and arrested
          Mutasim Mahmoud, a journalist, allegedly for engaging in anti-State
          activities. He was reportedly being held incommunicado in an unknown place
          of detention (15 March 1994)
          694. Kamal Abdelwahab Nureldayem was reportedly arrested in Khartoum during
          the first week of March 1994 and was being held incommunicado in an unknown
          detention center. He was also said to have been arrested on several occasions
          in the past on account of his opposition to the Government. He was thought to
          be suffering from a serious intestinal condition and the authorities had in
          the recent past reportedly denied him an exit visa for medical treatment in
          Cairo (21 March 1994)
          695. Three journalists of the daily newspaper Al-Sudani al-Doulia were
          reportedly arrested on 4 April 1994 in Khartoum for spreading “false news”.
          They were identified as Ahmad Ali Bagadi, Mutwakil Abdel Daff'eh, and
          Mahjoub Mohamed al-Hassan Erwa, who was also a member of the Transitional
          National Assembly. Their whereabouts were unknown but they were believed
          likely to be detained at security headquarters (12 April 1994)
          696. On 14 April 1994 the Government replied that the journalists had been
          detained for activites endangering public security and were being questioned
          in accordance with due process of law. They were not being subjected to any
          form of torture while in detention.
          697. Sarah Nugdallah, a university lecturer and member of the executive and
          women's committees of the Umma Party, who had been a subject of the 15 March
          urgent appeal by the Special Rapporteur, was arrested again on 7 April 1994.
          She was initially held at security headquarters but was believed to have been
          transferred to Omdurman women's prison. She had been arrested on
          several previous occasions. Also, Abdel Rasoul al-Nur, a former governor of
          the Kordofan region, was detained on 9 April 1994. He was thought to be
          detained either at security headquarters or a secret detention centre. He
          had also been arrested on previous occasions, most recently from 5 April
          to 25 September 1993 (18 April 1994)
          698. Sid Ahmad al-Hussein, a senior member of the Democratic Unionist Party,
          was reportedly arrested at his home in Khartoum on 20 March 1994 after he had
          been visited by a number of foreign persons. He was allegedly still being
          held in incommunicado detention (22 April 1994)
        
          
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          699. Baha' Zaki, Ashraf Adli, and Magdi Chelata, Egyptians working on an
          educational programme run by the Roman Catholic Church of Khartoum, were
          reportedly arrested on 18 April 1994 and were being held incommunicado in an
          unknown detention centre (19 May 1994)
          700. Ali Mahmud Hassanein, a prominent lawyer, was reportedly arrested
          in Khartoum on 6 June 1994 and was being held in incommunicado detention
          (20 June 1994)
          701. Former security adviser Abdel-Rahman Farah and veterinary lecturer
          Hamad Omar Bagadi, both of whom were said to suffer from poor health, were
          arrested on 20 May 1994, reportedly in connection with a plot to overthrow the
          present Government. They were allegedly tortured and transferred on 31 May to
          a military hospital in Omdurman. Former Prime Minister Sadiq al-Mahdi was
          said to have been arrested on 20 June 1994 in connection with the same plot.
          The three men were said to be leaders of the Umma Party, which reportedly had
          been accused on a 20 June television broadcast of activities such as planning
          to assassinate prominent Sudanese political figures (24 June 1994)
          702. On 7 July 1994 the Government replied by transmitting a copy of an
          article from the Sudan news in which it was reported that former Prime
          Minister Sadiq al-Mahdi, after being released, stated that he did not believe
          that the other arrested persons had been subj ected to torture and made
          statements under duress.
          703. The following persons were reportedly detained at the beginning of
          June 1994 in connection with their trade union activities: Ali al-Mahi
          al-Sakhi, President of the Central Foundry Workers Trade Union; Ali Khalif a,
          Secretary General of the Professionals Union; Siddiq Yusuf; Mohamed Babiker
          Mukhtar, Secretary General of the Employees Union; El Hag Osman, trade
          unionist; and Suliman al-Khidir. The whereabouts of the six was unknown
          (5 July 1994)
          704. Osman Idris Abu Ras, a prominent trade unionist, was reportedly arrested
          on 2 August 1994 and was being detained in a “ghost house” around Khartoum.
          Mostaf a Abdel Rahmnan Mostafa had reportedly been detained since December 1992
          and was said to have been transferred earlier in the year from a “ghost house”
          to Saukin prison in eastern Sudan. Hassan Hashim was reportedly arrested and
          detained in July 1994. All three men were allegedly tortured and their
          families had not been permitted to see them to provide them with necessary
          medication (24 October 1994)
          Information received from the Government with respect to cases included in
          previous reports
          705. On 5 November 1993 the Special Rapporteur sent an urgent appeal on behalf
          of Baha'a al-Din Abdul Gassim, who had reportedly been arrested in south
          Khartoum by four armed plainclothes security officers. On 6 January 1994 the
          Government replied that Baha'a Al-Din Abdul Gassim had never in fact been
          arrested.
          706. On 15 September 1993 the Special Rapporteur transmitted an urgent appeal
          in the case of Mamoun Elyas Mohammed Ahmed, who had been arrested in late
        
          
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          August 1993 on suspicion of spying and had allegedly been tortured in custody.
          On 6 January 1994 the Government replied that interrogations with Mr. Mamoun
          had reached the final stages and the results of the interrogations would be
          evaluated in order to bring criminal charges against him. No reference was
          made in the Government's reply to the torture allegations.
          Observations
          707. The Special Rapporteur notes that the Government's replies, for which
          he is grateful, concern only a small number of his urgent appeals and not
          the more substantial information he has transmitted. The latter tends again
          to confirm the view of the Special Rapporteur charged with reporting on the
          situation of human rights in the Sudan that torture continues to be
          systematically practised in that country (A/49/539, para. 83)
          Switzerland
          Information transmitted to the Government
          708. By letter dated 14 September 1994 the Special Rapporteur advised the
          Government that he had received information indicating that law enforcement
          officers had sometimes used deliberate and unwarranted physical violence
          against persons both immediately before they had been taken into police
          custody and during their first 24 hours in custody, before they had been put
          at the disposal of a judge. Such incidents were reported to have occurred
          most frequently in the canton of Geneva. The forms of ill-treatment alleged
          included repeated slaps, kicks and punches, and heavy pressure applied to the
          windpipe causing near-asphyxiation. Detainees were said to be often advised
          by their lawyers not to file criminal complaints alleging ill-treatment
          against officers because judicial and administrative investigation into such
          complaints rarely resulted in disciplinary or criminal sanctions against
          officers. Detainees indicating their intention to file a complaint were said
          at times to be threatened with counter-charges of defamation or resisting
          State officers.
          709. The Special Rapporteur also transmitted to the Government the individual
          cases summarized in the following paragraphs.
          710. Sidat Sisay, a Gambian citizen in transit in January 1993 to the
          United States to receive urgent medical treatment for severe back pain and
          walking difficulties, was reportedly forced to strip naked and was beaten and
          kicked on his back and sides by three members of the Geneva airport police who
          accused him of carrying a false passport. After confirming the validity of
          his travel documents, two plainclothes officers advised that he be allowed to
          continue his travel the following day. However, the following day the police
          and airline informed him that his flight had been cancelled and he was
          reportedly placed for two days in an airport cell and put on a return flight
          to The Gambia. A medical certificate issued after his return was said to have
          confirmed injuries consistent with his allegations, including bruising to his
          lower back and chest and damage to his right knee which aggravated his
          existing medical condition.
        
          
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          711. Patricia Schweitzer went to the Bourg-du-Four police station in Geneva
          after midnight on 18 February 1993, following the arrest of a friend. Upon
          her arrival, two officers reportedly ordered her to take an alcohol test and
          threw her into a cell, whereupon her head was knocked against a concrete bed
          and she fell to the floor. After she demanded an explanation for her
          treatment, three or four officers allegedly entered the cell and repeatedly
          kicked and punched her. A medical examination conducted on 20 February
          reportedly revealed bruising around her eyes, to her knee and left forearm and
          a possible fracture to her forearm. An X-ray taken on 16 March was said to
          have revealed a fracture to her right hand and two torn ligaments in her right
          wrist.
          712. Michel Acquaroli was allegedly assaulted by two police officers
          on 21 April 1993 during a visit to his office in Geneva to inquire about an
          outstanding debt. The officers allegedly twisted his arm violently and pushed
          a knee into his back so that he fell to the floor. The police then handcuffed
          him behind his back and an officer allegedly pressed tightly around his neck,
          causing him to fight for breath. He was taken to the police station,
          whereupon he made a formal complaint against the police, but the officer who
          had assaulted him reportedly threatened him with imprisonment if he lodged the
          complaint. University of Forensic Medicine doctors examined him that
          afternoon, noting that he showed signs of physical injury, after which he was
          arrested for resisting official action and was placed in a cell and asked to
          strip naked, for the stated reason that the police were afraid that he might
          commit suicide. Two days later a medical examination revealed bruises to his
          neck, left wrist, right arm, and lower thorax, superficial wounds on his left
          arm and right wrist and a laceration to his left shoulder. The examination
          also recorded that he had indicated pains in his lower back and right thigh
          and pain in swallowing.
          713. Erak Svalto, a Bosnian, was arrested by 20 police officers in
          Berne on 30 January 1992. During the arrest, some of the officers allegedly
          elbowed, kneed, kicked and trampled him, hit him in the face with a pistol and
          called him a “Yugoslav swine” . He reportedly received a number of blows to
          his kidney. Later in the police car he allegedly received karate chops to his
          neck and was choked with a chain he wore around his neck. He was allegedly
          subjected to further beatings in the police building. More than one year
          after his arrest, he was reported to continue to suffer from partial numbness
          at the back of his head and almost constant pain in the kidney area.
          Syrian Arab Republic
          Urgent appeals transmitted to the Government and replies received
          714. On 2 May 1994 the Special Rapporteur transmitted an urgent appeal on
          behalf of the following persons: Fadi Munir Jadid; Usama Munir Jadid;
          Nidal Mahmud Jadid; Salah Mahmud Jadid; Ghassan Fuad Jadid; Saddiq Riad Jadid,
          aged 17; Yassir Riad Jadid; ‘Ammar ‘Abbud; ‘Ali ‘Issa al-Hakim; ‘Abd al-Razzaq
          al-Hallaq; and Na'im Khuri. These persons were arrested in August 1993
          shortly after the funeral of Salah Jadid, a former prisoner who died in
          custody on 19 August, after almost 23 years of detention without charge or
          trial. The 11 persons were allegedly being held incommunicado also without
          charge or trial, possibly for their association with the deceased.
        
          
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          715. On 23 May 1994 the Government replied that no person had been detained
          because of a relationship to, or friendship with Major General Salah Jadid.
          The Government replied further on 21 July 1994 that none of the persons named
          in the urgent appeal by the Special Rapporteur were in detention and each was
          living at his place of residence.
          Information received from the Government with respect to cases included in
          previous reports
          716. On 1 September 1993 the Special Rapporteur sent an urgent appeal on
          behalf of Hassiba ‘Abd al-Rahman, who was reportedly arrested on 8 June 1993
          on suspicion of links with the banned Party for Communist Action and was being
          held in incommunicado detention. On 11 February 1994 the Government replied
          that Hassiba ‘Abd al-Rahmand was detained for being a member of a terrorist
          group, was never subjected to torture and was released on 15 November 1993.
          Togo
          Information transmitted to the Government
          717. By letter dated 7 June 1994 the Special Rapporteur advised the Government
          that he had received information concerning Attiogbé Stéphane Koudossou and
          Gerard Akoume, who were arrested on or around 26 July 1993 and were allegedly
          tortured in police custody at the Lomé national gendarmerie. They were said
          subsequently to have confessed on national television to having carried out
          bomb attacks and on 13 August they were tried by the Tribunal des flagrants
          délits . Their lawyer made an unsuccessful attempt to have the proceedings
          suspended on the ground that the only evidence for the prosecution was their
          confessions, which had been obtained under duress in police custody. The
          lawyer also asked that they be examined by a forensic physician, but the
          tribunal refused. The trial therefore continued and they were sentenced to
          three years' imprisonment.
          718. The Special Rapporteur also informed the Government that reports were
          received according to which Simianleine René Odanou and Jacques Odanou had
          been arrested in Korbongou in April and March 1993, respectively, because of
          their activities in opposition to the incumbent Government. They were
          detained for several weeks at the platoon camp of the national gendarmerie,
          where they were allegedly beaten severely and given electric shocks.
          Follow-up of cases transmitted previously
          719. By the same letter the Special Rapporteur informed the Government that
          he had received new information regarding previously transmitted cases, as
          described in the paragraphs below.
          720. On 6 May 1993, the Special Rapporteur sent an urgent appeal to the
          Government on behalf of the following persons: Latévi Prosper Lawson,
          Jean Lawson Late, Jules Gagli, Rosali Gagli, Koffi Agbali, Sossouvi Afatchawo,
          Kossi Amedegounou, Koudjo Atsu, Kodzo Akakpo, Kossi Assignon, Alphonse
          Adjeovi, Agbévé Toyo, Komi Kpetigo, Sévi Sadi, Antoine Aboudou, Kossi Fiagnon,
          Folly Kuegan Yao Agbagnon, Tchassé Koumi Koffi Toyo, Ahamadou Boukari,
          Komi Hounkpati, Ekue Koulepato, Folly Ananou and Kokou Gakoto. According
        
          
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          to the information received, these persons were arrested in Lomé
          on 25 March 1993, several days after an attack on the residence of President
          Gnassingbé Eyadéma. They were taken to the Lomé gendarmerie, where they were
          allegedly tortured.
          721. The Government subsequently informed the Special Rapporteur that an
          investigation was being conducted in order to establish the responsibility of
          the above-mentioned persons in the attack carried out against the “Camp du
          Regiment Interarmes Togolais”. Latévi Prosper Lawson, Jules Gagli,
          Kossi Amedegounou, Kodjo Akakpo, Kossi Assignon, Antoine Aboudou, Ekué Prosper
          Koulepato, Folly Ananou and Folly Kuegan were released from detention, and
          Rosalie Gagli was released on probation. Alphonse Adjeoui, Agbévé Toyo,
          Kossi Fiagnon and Sossouvi Afatchauo were arrested on charges of theft.
          Komi Kpetigo was charged with drug trafficking and Jean Late was not known to
          the police or the gendarmerie.
          722. The Government's reply was transmitted to the source, which confirmed
          that most of the civilians arrested had subsequently been released. It
          observed, however, that the Togolese authorities did not appear to provide
          any response to allegations that those arrested were subjected to torture or
          ill-treatment, nor to have opened or carried out any investigation into those
          allegations.
          723. On 3 September 1993, the Special Rapporteur sent an urgent appeal
          concerning a group of about 40 persons said to have been arrested
          on 26 August 1993 by the security forces in Agbandi and Diguine in central
          Togo in connection with the disturbances which took place after the results of
          the presidential election were announced. The detainees were allegedly beaten
          at the time of their arrest and then taken to the Blitta gendarmerie, where
          they were all locked into a cell designed to hold five prisoners. The next
          day, 15 of them were reportedly found dead and 4 others allegedly died later.
          It was also reported that about 20 of the detainees were transferred to the
          Char prison in northern Togo. Fears were expressed that they might be
          subjected to torture or ill-treatment. In addition, on 7 October 1993, the
          Special Rapporteur interceded on behalf of Kokou Okesson Mbooura, a teacher in
          Kétao, reportedly arrested on 27 August 1993 in Blitta while trying to locate
          a member of his family arrested the previous day in connection with the
          disturbances in Agbandi at the end of August. He was allegedly being held
          incommunicado at the Kara gendarmerie in the north of the country and fears
          were expressed that he might be tortured or ill-treated.
          724. On 13 October 1993, the Government informed the Special Rapporteur
          that some people had been arrested at Agbandi on 26 August 1993 for having
          damaged electoral equipment and had been taken to the Blitta gendarmerie.
          Kokou Okesson Mboura was one of the persons who visited the detainees. Also
          on 26 August, some of the arrestees had been poisoned after eating food
          provided by visitors. Kokou Okesson Mboura had been arrested as he was
          delivering food containing syringes to one detainee. According to the report
          made by a toxicologist, the syringes contained a very dangerous poison. The
          judicial authorities of Sokodé had issued a detention order against him and he
          had been taken to the civil prison in Kara. He had never complained before
        
          
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          the judge about ±11-treatment and received regular visits from his wife. He
          could also have access to his lawyer. The latter, however, had not yet asked
          the judge for permission to see his client.
          725. In connection with the response provided by the Government, the source
          stated that, without disputing the findings of the police laboratory, its main
          concern arose from the fact that no autopsies had been carried out on the
          bodies of those who died, either to investigate allegations of torture or to
          establish the cause of death. The Government's reply did not contain any
          response to allegations that the detainees died as a result of torture,
          ill-treatment and asphyxiation after 40 of them were crammed into a small
          cell. No inquiry into these serious allegations appears to have been carried
          out.
          Tunisia
          Information transmitted to the Government and replies received
          726. By letter dated 3 May 1994 the Special Rapporteur advised the Government
          that he had received information indicating that torture, although forbidden
          in the Constitution and legal codes, was frequently practised in police,
          gendarmerie and national guard stations throughout the country, especially
          against suspected opponents of the Government such as sympathizers of the
          al Nahda Islamic Movement and the Parti communiste des ouvriers de
          Tunisie (PCOT) . Methods of torture reported included severe beatings,
          sometimes while the victim was suspended in contorted positions, electric
          shocks, and insertion of broken bottles or other sharp objects into the anus.
          Such methods were said to have been employed mainly to extract confessions or
          information, as well as for punishment or intimidation.
          727. Article 13 bis of the Code of Penal Procedure provides that suspects
          may not be detained by the police or the gendarmerie for more than 4 days and
          that the Procureur de la République must be informed of any detention and may
          prolong garde a vue , by written order, for a further 4 days. Only “in case of
          absolute necessity” may garde a vue be prolonged for a further 2 days to a
          total of 10 days. During or after the garde a vue period the detainee or any
          member of his or her immediate family may request a medical examination. The
          dates and times of the beginning and end of garde a vue detention and the
          dates and times at which each interrogation begins and finishes must be noted
          in a register kept in each police station. It was reported, however, that the
          police and the gendarmerie frequently falsified records in order to make it
          appear as though they had adhered to the legal limits of garde a vue .
          728. It was also alleged that formal requests, stamped by the Procureur's
          office, for the medical examination of persons detained for political reasons,
          in accordance with article 13 bis, were consistently ignored. Procureurs were
          said to have been ready, without question, to accept forged documents produced
          by the police and their own officials while ignoring well-attested evidence of
          illegally prolonged garde a vue detention. Detention centres wherein inmates
          allegedly had been illegally held and tortured were not visited or inspected
          by the Procureurs , and the few investigations opened by Procureurs into cases
          of ill-treatment, torture or suspicious death were either dropped or else had
          carried on interminably and without results.
        
          
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          729. Investigating judges reportedly failed to ensure that people claiming
          to have been tortured received prompt medical examinations and that the
          torture dossiers passed to the Procureur were actually investigated.
          Moreover, court judges at every level allegedly failed to ensure that
          defendants received medical examinations or that their torture allegations
          were properly investigated, even when there was clear evidence of torture in
          pre-trial detention.
          730. On 24 September 1994 the Government transmitted a reply stating that it
          made special efforts to ensure that the relevant provisions of the instruments
          safeguarding human rights to which Tunisia had subscribed were complied with
          and that whenever it received an allegation of ultra vires action, it never
          hesitated to order investigations and to impose any necessary sanction.
          Following allegations of such acts committed during the period of emergency
          experienced in 1991, the President on 20 June 1991 set up an independent
          Committee of Inquiry to investigate those allegations. Mr. Rashid Driss, the
          President of the Higher Committee on Human Rights and Fundamental Freedoms,
          was appointed Chairman of the Committee. Investigations carried out by the
          Committee established that ultra vires acts had occurred, but that they
          constituted isolated cases.
          731. The Ministry of the Interior had also adopted a series of measures
          designed to safeguard human rights and 116 members of the security police
          were implicated in 105 cases involving abuses of various kinds. The reports
          submitted by the Committee Chairman revealed that 55 officials whose guilt
          was established had received sentences varying according to the degree of
          seriousness of the abuse committed, three cases were dismissed, and judicial
          inquiries were continued in some other cases. All identified ultra vires
          activities had stopped entirely. The Government did not indicate how many of
          these cases involved incidents of torture or ill-treatment.
          732. The Government also stated that allegations relating to the falsification
          of dates of arrest and to prolonged garde a vue detention were inaccurate and
          excessive and ran counter to law and practice related to garde a vue
          detention. The provisions of the Code of Penal Procedure offered concrete
          guarantees against garde a vue detention in excess of the legally permitted
          period and against all forms of violence or torture.
          733. In his letter of 3 May, the Special Rapporteur also communicated to the
          Government individual cases to which the Government replied in its letter
          of 24 September. The allegations and replies are summarized in the paragraphs
          below.
          734. Tawfik Rajhi, an academic who had been living in France for the
          preceding 10 years, returned to Tunisia for a visit on 22 July 1993.
          On 26 July he was reportedly arrested and held in illegally prolonged
          incommunicado detention for 23 days, during which time his family tried to no
          avail to obtain information as to his whereabouts. He later stated in court
          that during incommunicado detention he was ill-treated and forced by police to
          sign a statement without knowing the contents. However, no investigations
          into the allegations were ordered by the court and he was sentenced on charges
          of membership of an unauthorized organization.
        
          
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          735. The Government informed the Special Rapporteur that Taofik Rajhi had
          actually been arrested on 11 August 1993 for membership of an unauthorized
          organization. He was not detained incommunicado, was not ill-treated and was
          not forced to sign a police statement without knowing its contents. He was
          sentenced on 31 August 1993 to a term of imprisonment which was later reduced
          by the Tunis court of appeal on 8 October 1993 to eight months. He was
          released on 11 April 1994 and had recently left Tunisia. Mr. Rajhi made no
          mention of torture until his appeal hearing. It was a frequent practice among
          accused persons to bring up procedural questions at appeal level in order to
          negate a confession.
          736. Jaoua Thameur, a resident of Gammarth, Tunis, was reportedly arrested
          on 31 January 1993 at the Taoufik clinic by members of the police who carried
          no warrant. He was then transferred to the Sfax prison and held incommunicado
          for a period of weeks. Although recovering from a back operation, he was
          allegedly subjected to torture. When on 20 February his family were permitted
          to visit him, he was unable to move.
          737. According to the Government, Jaoua Thameur was arrested
          on 14 February 1993 by the judicial police, was sentenced by the court of
          first instance in Sf ax to 14 months' imprisonment for unlawful political
          activities and was released on 14 April 1994. An examination conducted by the
          prison doctor during his detention in Sfax revealed that his pains were the
          result of an old injury. During his stay in the dispensary at the Sfax
          prison, he was examined on 23 and 27 February and given adequate medical
          treatment. He was transferred to the Tunis civil prison on 16 May 1993, where
          he stayed in the dispensary and received satisfactory treatment and was in a
          normal state of health. The allegations that he was subjected to torture and
          no longer capable of moving about were totally unfounded. Also, he had never
          been deprived of contact with his lawyer and had received regular visits from
          family members.
          Follow-up to cases previously transmitted
          738. By the same letter, the Special Rapporteur informed the Government that
          he had received additional information with respect to a case previously
          transmitted to the Government. On 13 September 1993 the Special Rapporteur
          sent an urgent appeal to the Government on behalf of Salaheddine Zikikout,
          arrested on 8 August 1993. On 18 October 1993 the Government replied,
          inter alia , that he was detained in the civil prison of Tunis where he could
          be visited by his family, and was treated normally, in accordance with
          the 1988 prison regulations. Further information received by the Special
          Rapporteur indicated that after his arrest Salaheddine Zikikout had been held
          for 53 days in incommunicado detention, 43 days more than the maximum period
          allowed by law. During that time he was said to have been tortured and made
          to sign a police statement under duress and without knowing its contents.
          Both the court of first instance, which sentenced him to 18 months'
          imprisonment for membership in an unauthorized organization, and the appeal
          court, which on 18 January 1994 upheld the sentence, refused to investigate
          the allegations of ill-treatment. They also were said to have failed to
          investigate allegations that the arrest date of 19 September on the police
          records had been falsified in order to conceal the illegally prolonged
          garde a vue detention.
        
          
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          739. The Government replied that Salaheddin Zikikout had been detained under
          an arrest warrant issued against him by the Government Procurator and
          sentenced by the courts with full respect of the rights of the defence and
          within the framework of the guarantees offered to persons involved in court
          proceedings. The allegations concerning torture and the falsification of the
          date of arrest were false. Tunisian law offered all individuals ways of
          denouncing and demanding compensation for any prejudice they may have
          suffered.
          Urgent appeals transmitted and replies received
          740. On 1 March 1994 the Special Rapporteur transmitted an urgent appeal on
          behalf of Ali Mabouj, a Tunisian citizen resident in France, who was arrested
          by the police on 6 February 1994 at his home in Ben Guerdane, Medenine
          district. Following his arrest he reportedly was being held incommunicado,
          without contact with his family or lawyer, beyond the time-limit of 10 days
          provided for by law.
          741. On 24 September 1994 the Government replied that Ali Mabouj had in
          fact been arrested on 18 February 1994, inter alia , for membership in an
          unauthorized association. On 22 February the Public Ministry attached to the
          court of first instance in Medenine issued a warrant for his detention in the
          civil prison of Medenine where he was being held. He had not been kept
          incommunicado nor been subjected to any ill-treatment. He was in a normal
          state of health and was regularly visited by his mother, wife and son. On
          30 September 1994 the Government further informed the Special Rapporteur that
          Ali Mabouj had been sentenced to six months' imprisonment for collection of
          illegal funds.
          742. In the same communication of 1 March, the Special Rapporteur also made
          an appeal on behalf of Hamma Hammami, a member of the unauthorized Tunisian
          Workers' Communist Party, who was convicted in absentia in December 1992 for
          having taken part in illegal meetings and distributed leaflets. According to
          the reports, he was arrested in Tunis on 14 February 1994 and subjected to
          torture at Sousse police headquarters and the Ministry of the Interior,
          following which he lost consciousness for several hours. Since then his
          condition has reportedly been precarious and he has been refused all medical
          treatment.
          743. On 24 September 1994 the Government replied that the police officers,
          during a patrol of Sousse on 14 February 1994, wanted to check the identity of
          Hamma Hammami, who was behaving suspiciously, but he ran away. He was pursued
          and caught, whereupon he struck and injured two police officers. He did in
          fact undergo a medical examination at the request of his lawyers. The fears
          expressed regarding torture were unfounded.
          744. The Special Rapporteur transmitted a further urgent appeal in the case
          of Hamma Hammami on 13 December 1994. According to new information, he had
          gone on hunger strike in prison on 7 December 1994 and had been moved to an
          undisclosed location to be “punished”. His family and lawyers were reportedly
          being denied access to him.
        
          
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          745. On 15 December 1994 the Special Rapporteur transmitted an urgent appeal
          on behalf of Jalel Maleej, a Tunisan academic living in Paris, who was
          arrested on 4 December 1994 upon his arrival from France. He was reportedly
          being held incommunicado in garde a vue detention.
          Turkey
          Information transmitted to the Government and replies received
          746. By letter dated 15 September 1994 the Special Rapporteur informed the
          Government that he had continued to receive reports indicating that the
          practice of torture in Turkey was widespread, particularly in Istanbul,
          Ankara, and the south-east. Torture was said to be used for the following
          reasons: to extract confessions, to elicit names of members of illegal
          organizations, to force villagers to abandon opposition to the village guard
          system, to intimidate detainees into becoming police informants and to punish
          persons informally for support of illegal organizations. The victims of such
          torture were often persons detained under the Anti-Terror Law and those
          accused of petty criminal offences.
          747. The forms of torture most frequently reported were those which left
          little or no medical evidence: hosing with cold water, hanging by the arms or
          wrists bound behind the victim's back, death threats, electric shocks, sexual
          assault, and food deprivation.
          748. Detainees accused of offences under the Anti-Terror Law reportedly could
          be held incommunicado for 30 days in the 10 south-eastern provinces under
          emergency legislation, and for 15 days elsewhere in Turkey. Persons detained
          on suspicion of ordinary criminal offences could be held for up to eight days
          before being formally charged or released. While in police custody, detainees
          were said to have no right to see a doctor of their own choice, but instead
          could be brought before a doctor appointed by the State-run Forensic Medical
          Institute. It was alleged that such medical examinations were performed in a
          perfunctory manner, almost invariably with police officers present. Any
          allegation brought against a public servant in any of the provinces under
          emergency legislation could be blocked from judicial examination by the office
          of the local governor, which was responsible for police and policing.
          749. The Special Rapporteur also transmitted the individual cases summarized
          in the following paragraphs.
          750. Baki Erdo an was reportedly detained on 10 August 1993 in Sôke district
          of Aydin in western Turkey, interrogated incommunicado and severely tortured
          in Aydin police headquarters for 11 days. On 21 August, he was taken to
          hospital and died that same day. An autopsy report was said to have contained
          a long list of cuts and bruises on his body and to have attributed the cause
          of death to “respiratory insufficiency”
          751. Savme Durmaz, an Assyrian Christian from Alagôz village in Mardin
          province near the border with the Syrian Arab Republic, and his son
          ükrü Durmaz, aged 15, were reportedly detained on 26 October 1993 by members
          of the gendarmerie force who came to their village. Their detention was said
          to be unacknowledged and fears were expressed that they had been tortured.
        
          
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          On 30 October, 6 villagers and another son of Savme Durmaz, aged 10, were
          reported also to have been detained when they went to inquire about the fate
          of Savme and ükrü Durmaz. They were allegedly tortured and released two days
          later in very poor physical condition.
          752. Gôkhan Demirkiran was one of four persons reportedly arrested in Istanbul
          at a press conference during which a number of persons declared themselves to
          be conscientious objectors to military service. After his arrest he was
          allegedly tortured and wounds were observed on his body during a subsequent
          appearance in court.
          753. Francos Marcos, a citizen of Kenya, was held in Silopi refugee camp near
          the border with northern Iraq. On 4 January 1994, the camp administration
          reportedly told the refugees to move their tents to an area near the perimeter
          of the camp covered with rubbish and excrement and the site of daily armed
          clashes between government troops and rebels. Many of the refugees resisted
          the order to move, whereupon the police allegedly fired shots into the air
          and drove armoured vehicles at the refugees assembled in the camp square.
          Francos Marcos was allegedly run over by a vehicle, which caused him severe
          injuries. Emergency surgery was performed on him at the State hospital in
          Diyarbakir. On 17 January he was certified fit for discharge, although he had
          been fitted with a urethral catheter which had to be changed every three weeks
          and could be removed only after two months. He was also prescribed bed rest
          for 30 days and orthopaedic supervision. It was alleged that he had been
          discharged prematurely because the Government was refusing to pay for his
          treatment and the hospital was unable or unwilling to cover the cost. He was
          being tentatively kept in the psychiatric ward due to emotional difficulties,
          but it was feared that he was not receiving adequate medical treatment for his
          injuries.
          754. On 11 October 1994 the Government replied that Francisco Marcos had been
          injured when he was caught between the crowd and a stationary police vehicle.
          He was receiving treatment at the American Hospital in Gaziantep and would be
          discharged following his full convalescence.
          755. Mehmet Sen, a member of the Democracy Party Provincial Management
          Committee, was reportedly arrested on 26 March 1994 at his cafe in Nizip,
          Gaziantep, by four policemen. They told Mehmet Sen that they were taking him
          to Security to give a statement, but when his wife inquired with the Security
          authorities in Nizip, Antep, Birecik and Urf a to determine the whereabouts
          of her husband, each denied that they had taken him into custody. On
          30 March 1994, Mehmet Sen's body, displaying signs of severe torture, was
          found in the mountains near the village of Karpuzalan. Although two bullet
          wounds were found neither had any traces of blood, seemingly indicating that
          he had previously died of torture.
          756. Abdulrezak Ikincisoy and his two sons, Halil Ikincisoy and
          Mehmet Sah Ikincisoy, were arrested on 22 November 1993 and taken to Market
          police station in Diyarbakir. During the trip to the station they were
          allegedly continuously beaten. At the police station, Halil was further
          beaten and Abdulrezak was assaulted with an iron bar. The detainees were then
          transferred to riot police headquarters. There Halil was allegedly made to
          strip and was subjected to pressurized water and beatings. He was deprived of
        
          
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          food and water for two days and released by the prosecutor after 14 days in
          detention. Abdulrezak was also allegedly beaten severely, suffering two
          broken ribs as a result. He was denied food and water for three days and
          released on the fourth day. Both Halil and Abdulrezak were said to have heard
          the screams of Mehmet Sah being tortured. On 6 December 1993 the State
          Security Court Prosecutor reportedly informed Abdulrezak that Mehmet Sah had
          escaped to the mountains, had been killed in a clash, and had been buried at
          the council cemetery in Diyarbakir. Abdulrezak was denied a request for an
          autopsy and was said to fear that his son had in fact died as the result of
          torture in the custody of the riot police.
          Follow-up to cases previously transmitted
          757. By the same letter the Special Rapporteur informed the Government that
          he had received new information on cases previously transmitted, which is
          summarized in the following paragraphs.
          758. Urgent appeals were transmitted on behalf of 10 lawyers on 19
          and 30 November 1993: Tahir Elçi, Meral Dani Be ta , Mesut Be ta ,
          Baki Demirhan, Arif Altinkalem, inasi Tur, Hüsniye Olmez, Sebahattin Acar,
          Vedat Erten, and Niyazi cem. Six other lawyers were reportedly also arrested
          during the same period: Gazanfer Abbasio lu, Fuat Hayri Demir, Arzu ahin,
          Nevzat Kaya, Selim Kurbano lu and Imam ahin. All 16 lawyers were reportedly
          detained and interrogated while being held incommunicado and in Diyarbakir
          gendarmerie headquarters from mid-November to 7 December 1993.
          759. By letter dated 27 January 1994, the Government replied that in
          accordance with the Turkish Penal Code, a judicial inquiry had begun into
          the cases of the 16 lawyers because of their suspected links with the PKK.
          Sabahattin Acar, Hüsniye Olmez, Tahir Elçi, Fuat Hayri Demir, Mesut Be ta ,
          Meral Be ta , M. Arif Altunkalem, M. Selim Kurbano lu and Vedat Ertem
          Diyarbakir had been remanded in custody by the Court of State Security in
          Diyarbakir. Arzu ahim and Imam ahim had been placed under surveillance.
          The release of inasi Tur, Baki Demirhan, Mehmet Gazanfer Abbasio lu,
          Nevzat Kaya and Niyazi cem had been ordered by the Court. By a subsequent
          letter of 7 February 1994 the Government stated that Tahir Elçi and
          Sebahattin Acar had also been ordered released and that Imam ahin and
          Arzu ahin had been ordered arrested on 21 December 1993 by the Diyarbakir
          State Security Court. The replies of the Government did not address the fears
          expressed with regard to torture or ill-treatment.
          760. The Special Rapporteur informed the Government that he had received new
          information regarding the arrested lawyers, according to which they had been
          held in freezing temperatures and forced to sleep on wet concrete floors for
          periods up to 26 days. Many of them were kept blindfolded for much of their
          detention. They were each said to have been deprived of adequate food and to
          have been regularly kicked, beaten, and subjected to verbal abuse. A purpose
          of the mistreatment was to coerce them to sign statements which they were
          unable or not permitted to read. All of the lawyers reportedly were
          questioned in regard to what the interrogators termed the “political cases” in
          which they had been involved. Many of such cases were those wherein human
        
          
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          rights issues were raised and some were said to involve petitions the lawyers
          had prepared or were preparing before the European Commission of Human Rights.
          761. Tahir Elçi, who had been representing a number of clients in cases before
          the European Commission of Human Rights, was reportedly detained in Cizre
          on 23 November 1993 by police officers connected to the Cizre Security
          Directorate. He was blindfolded, put in a small dark cell at the Security
          Directorate and later brought into an interrogation room and threatened by his
          interrogators with death should he “look into human rights violations”. He
          was then allegedly slapped around, stripped naked and his testicles were
          squeezed violently. After being kept blindfolded at Cizre District Gendarme
          Command for two days in a basement, he was taken to Diyarbakir Gendarme
          Intelligence Interrogation Centre, where he was allegedly forced to lie on a
          concrete floor blindfolded and tortured. During the torture sessions, his
          interrogators asked him questions relating to his human rights activities. He
          was then reportedly placed in a military vehicle and told he was going to be
          taken to the country and shot under a bridge. He was allegedly removed from
          the vehicle and forced to lie blindfolded on the ground, where a gun barrel
          was forced into his mouth, he was kicked several times and was abused with
          foul language. When he refused to admit to the accusations, the officers
          allegedly fired a dozen shots around him. One week later, after refusing to
          sign statements, he was allegedly stripped naked, tortured with high
          pressurized water and had his testicles squeezed. One day before being
          brought before the State Security Court (DGM) , he and another lawyer from the
          Istanbul Bar, Niyaze cem, were reportedly taken to the toilet in the basement
          and subjected to cold pressurised water for hours. He was released on bail at
          his court session.
          762. Meral Dani Be ta was arrested with her husband, Mesut Be ta , and
          two other lawyers while they were leaving the State Security Court
          on 16 November 1993. They were taken to gendarmerie headquarters and
          blindfolded. Meral Dani Be ta was interrogated for four days about her
          work for the Human Rights Association (IHD), during which she was allegedly
          slapped, kicked, deprived of sleep and subjected to insults, including those
          of a crudely sexual nature. On 9 December she was asked while blindfolded to
          sign a prepared statement. When she said she could not sign anything she
          could not see, she allegedly was threatened with torture, whereafter she was
          stripped of her clothes, and soaked for an hour with freezing water. An hour
          later she allegedly was kicked, beaten and subjected to hosing with ice cold
          water for 60 to 90 minutes. Two days later, upon examination, she received a
          medical report indicating that she had contracted pneumonia. Despite her
          condition, she was not provided any medical attention.
          763. inasi Tur had been arrested previously in January 1993 and during eight
          days' interrogation at Diyarbakir Security Directorate Struggle with Terrorism
          Branch had been allegedly subjected to beatings, squeezing of his testicles,
          electric shocks, and pressurized cold water. He was released on bail after
          spending three months on remand at Diyarbakir prison. He was convicted at
          State Security Court No. 1 of aiding and abetting a terrorist organization
          and the conviction was said to be on appeal. He was reportedly again arrested
          on 15 November 1993 with some of the other lawyers and spent 26 days
        
          
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          undergoing interrogation at the Diyarbakir Provincial Gendarme Regiment
          Command. He was allegedly forced to sign a prepared statement under threat of
          torture.
          764. Niyazi cem was arrested on 23 November 1993 in the corridor of Istanbul
          State Security Court and held at the Struggle with Terrorism Branch in
          Istanbul for four days. He was taken to the Gendarme Regiment Command
          headquarters in Diyarbakir on 28 November 1993, blindfolded, and accused of
          participation in activities in connection with the PKK. After denying the
          allegations, he was allegedly beaten on a regular basis until 7 December 1993.
          On 8 December, his interrogators attempted to force him to sign a statement
          without allowing him to read it. On 9 December, those lawyers who had refused
          to sign statements, including Niyazi cem, were allegedly tortured again.
          Niyazi cem was said to have heard the screams of Hüsniye Olmez and Meral Dani
          Be ta being tortured. He was allegedly made to strip naked and he and
          Tahir Elçi were both hosed with pressurized water. He was reportedly
          threatened with either signing the statement or being shot later. He was
          released after 18 days in custody.
          765. Imam ahin was taken into custody by Istanbul Struggle with Terrorism
          Branch police on 7 December 1993 as he was entering a hearing at the State
          Security Court in Istanbul. He was taken to his house where his wife,
          Arzu ahin, was also arrested. They were blindfolded and placed in a cell at
          the Security Directorate and on 11 December were brought to the Diyarbakir
          Intelligence Interrogation Centre. Imam ahin was then allegedly stripped
          naked and subjected to repeated torture sessions, during which he was hosed
          with pressurized cold water, had his sexual organs squeezed, and had electric
          shocks applied. He was reportedly taken by the hand and forced to scribble a
          signature on papers, the content of which he did not know.
          766. Following an urgent appeal transmitted 8 October 1993 on behalf
          of Nilüfer Koç, the Government in a letter to the Special Rapporteur
          dated 28 January 1994 stated that it had been established by a medical report
          that she was neither mistreated nor submitted to torture during her detention.
          According to the new information received, Nilüfer Koç, a Kurdish interpreter
          of Turkish origin and a student in Germany, was detained on 29 September 1993
          in Uludere, Sirnak province, where she had been accompanying a German
          delegation to Turkey. She was taken to the gendarmerie headquarters and in
          the course of the interrogation was allegedly hung by handcuffs from a hook
          for two hours, hosed with cold water while naked, beaten, called a “Kurdish
          whore” and grabbed by the hair and had her head hit against the wall. Her
          torturers also allegedly held a weapon against her forehead and told her to
          make a “last wish”. During her three days of detention, she was said to have
          heard the sounds of screaming in the next room, as well as sounds indicating
          that a corpse was being removed.
          767. On 15 December 1993 the Special Rapporteur sent an urgent appeal,
          summarized below, regarding a number of staff persons of the newspaper
          Ozgür Gündem ( Free Agenda ) detained by police on 9 and 10 December 1993.
          Further information was received indicating that detainee Fahri Ferda cetin,
          while being held in incommunicado detention at Istanbul police headquarters,
          was allegedly suspended by the arms and given electric shocks to his genitalia
          and feet, had his testicles twisted and was hosed with ice-cold water.
        
          
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          Necmiye Aslano lu, during her detention in Diyarbakir, was allegedly stripped
          of her clothes, beaten, dragged by the hair, and suspended by the arms while
          she was given electric shocks through her navel and toes.
          768. On 25 April 1994 the Special Rapporteur sent an urgent appeal,
          summarized below, regarding 21 persons who were reportedly detained on or
          around 17 April 1994 in Ankara in connection with activities concerning the
          magazine Alinteri ( Toil ) . They were identified as: Firdevs Kirbiyik,
          Fatime Akalin, Derya Tanrivermi , Zafer Sakin, Cemile Derya Deveci,
          Yusuf Deveci, Nun Akalin, Hüseyin Pur, Kiymet Pur, Zafer Kirbiyik,
          Emel Vergül, Tu ba Sarihan, Hacer Tekin, Emrullah im ek, Ufuk Akçapinar, and
          Atilla Ate . According to information subsequently received, all of the
          detainees were tortured while in custody. The torture methods were said to
          include hosing with ice-cold water, hanging by the wrists, application of
          electric shocks and sexual torture. Twelve of the detainees were held
          for 9 days and the others were held for 15 days. Zaffer Kirbiyik and Nun
          Akalin, both high school students aged 17, were said to have been charged with
          membership in an illegal organization and committed to prison.
          769. By the same letter the Special Rapporteur reminded the Government of
          a number of cases transmitted in 1992 regarding which no reply had been
          received.
          Information received from the Government on cases included in previous reports
          770. On 14 September 1993 the Special Rapporteur sent an urgent appeal on
          behalf of Abdullah Ay and Semsettin Ay from Kelekçi village, and Mehmet Tekin,
          Omer tJnal and Mecit Memiç from Kayikili village, who were reportedly detained
          on 30 August 1993 upon returning to their villages after village guards and
          security forces had set fire to houses in the villages on 27 July 1993.
          On 21 December 1993 the Government replied that the security forces
          on 5 September 1993 apprehended Abdullah Ay, Semsettin Ay, Mehmet Tekin
          and Mecit Memis, and the judicial authorities released them following
          interrogation procedures. It was established that during police custody these
          persons had not been subjected to any ill-treatment, that Omer tJnal had never
          been detained, and that it was inconceivable that the security forces should
          have broken into and set fire to the homes of villagers in Günesli and Kayikli
          in an attempt to force them to become village guards.
          771. On 30 September 1993 the Special Rapporteur sent an urgent appeal on
          behalf of Memik Horoz, Sezemis Horoz, Ismail Yilmaz, tJlkü Daricioglu,
          Ethem Cilgin, Ahmet Polat and Mehmet Polat, who were reportedly being held
          incommunicado in the anti-terror branch of Istanbul police headquarters.
          On 21 December 1993 the Government replied that all of these persons except
          for Mehmet Polat had been arrested on 18 September 1993 in an operation
          against the TKP/ML-TIKKO (Turkish Marxist-Leninist Communist Party/Turkish
          Workers' and Peasants' Liberation Army) , that they were released by judicial
          order on 30 September 1993 and that it had been established by means of
          medical reports that they had not been subjected to any ill-treatment during
          their period of police custody. Mehmet Polat had never been held in police
          custody but had been invited to the Security Directorate, where he was
          interrogated. He was not subjected to any ill-treatment during the
          interrogation, after which he departed the premises.
        
          
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          772. On 29 October 1993 the Special Rapporteur sent an urgent appeal
          regarding Mehmet Caki, who was arrested with his wife Saime Caki and
          Mehmet Delen on 20 October and was allegedly being tortured by officers of
          the Sanliurfa anti-terror branch. On 21 December 1993 the Government replied
          that these persons had been arrested in operations carried out in Sanliurfa
          against the PKK and that it had been established after investigation that
          they suffered no ill-treatment during their period of police custody.
          On 11 January 1994 the Government transmitted a further reply stating that
          Mehmet Caki had been released by the Urf a court on 1 November 1993 and that
          before his release he had undergone a medical examination which showed no
          physical sign of torture or ill-treatment. Moreover, he had not lodged any
          complaint concerning ill-treatment during his detention. However, following
          receipt of the communication from the Centre for Human Rights, the Viransehir
          Public Prosecutor's Department began an inquiry concerning the possibility of
          ill-treatment of Mehmet Caki by the security forces. Since no evidence or
          indication of such a possibility was discovered, the inquiry was discontinued
          on 21 December 1993.
          773. On 4 October 1993 the Special Rapporteur transmitted an urgent appeal
          on behalf of Behçet Ekinci who had reportedly been beaten and detained by the
          anti-terror branch in Diyarbakir on 21 September 1993. On 21 December 1993
          the Government replied that he was to be tried for activities in connection
          with the PKK and that there was no indication that he had been ill-treated by
          law enforcement officials.
          774. On 16 September 1992 the Special Rapporteur transmitted information on
          the case of Nazli Top, a nurse, two months pregnant, who had allegedly been
          severely tortured, including through sexual abuse, by members of the Istanbul
          police in April 1992. On 13 January 1994 the Government informed the
          Special Rapporteur that seven police officers from the Bahcelievler police
          precinct had been brought before Istanbul Penal Court No. 3 on charges of
          having tortured Nazli Top on 27 April 1992.
          775. The Special Rapporteur sent an urgent appeal on 14 October 1993 on
          behalf of Mehmet Sirin Ogünc, Hakim Ogünc, Zeki Ogünc, Hüseyin Ugurlu,
          Sami Duygu and Hüsamettin Duygu, who had been detained by the gendarmerie in
          Altinova on 3 October 1993. On 17 March 994 the Government replied that
          Nizamettin Duygu, Zeki Ogunc and Hüseyin Ugurlu were being charged with
          assisting and providing shelter to the PKK but were free while the case was
          pending and that the other persons had been released. There was no indication
          that any of the persons involved were subjected to torture or any other
          mistreatment.
          776. On 11 October 1994 the Government replied to three cases submitted by
          the Special Rapporteur in his letter of 26 August 1993. The allegations and
          replies are summarized in the following paragraphs.
          777. Soner Onder, a 17-year-old student was reportedly severely tortured
          during interrogation from 25 December 1991 to 8 January 1992 at the
          anti-terror branch of Istanbul police headquarters. According to the
          Government, he had pleaded not guilty to charges against him, claiming his
          statement was obtained under duress and the Istanbul State Security Court was
          examining the public case against him.
        
          
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          778. Ibrahim Dilek was arrested on 20 March 1993 in Baristepe village,
          Mardin province, and his body was found in a well 10 days later bearing the
          marks of severe torture. The Government replied that Ibrahim Dilek was
          arrested on 20 March but was released at 11.30 p.m. that same evening. An
          autopsy revealed that he had been tortured and had died of respiratory and
          circulatory deficiency. The Gercüs State Prosecutor was investigating the
          crime.
          779. Mehmet Kiran was arrested on 17 June 1993 by soldiers in the village of
          Atala, near Mazidagi, Mardin, and interrogated at the gendaremerie in Derik.
          He allegedly suffered a broken arm as a result of his treatment. According to
          the Government, he had not been subjected to any kind of ill-treatment during
          detention.
          Urgent appeals sent and replies received
          780. The Special Rapporteur transmitted 31 urgent appeals to the Government.
          Summaries of these are reproduced below. The dates on which the appeals were
          sent are mentioned in parentheses at the end of the corresponding summary.
          781. The following staff of the newspaper Ozgür Gündem ( Free Agenda ) , were
          reported to have been detained during a series of nationwide police operations
          against the newspaper: Gürbetelli Ersôz (female), Fahri Ferda cetin,
          Gülten Kisanak (female), Müslüm Yücel, Mahmut Dogan, Ferhat Tugan,
          Yurdusev Ozsôkmenler, Nursel Polat (female), Dogan Güzel, Ali Riza Halis,
          Mehmet Balamir, Düzgün Deniz, Faysal Dagi, Mucahir Kuas, Hüseyin Solgun,
          Mehtap Gürbüz, Ali Seyhan, and Semsettin Ecevit were arrested in Istanbul.
          Hasan Ozgün, M. Siraç Koç, Necmiye Aslan lu (female), Mehmet Sah Yildiz,
          Nuray Tekdag (female) , and Bitan Onen were arrested in Diyarbakir.
          Sezai Karakoç, Riza Zingal, Serdar Cayçioglu, Namik Alkan, Emin tJnay,
          Ciller Yesil, and Leyla Akgül (female) were arrested in Izmir.
          Haci Cetinkaya, Sükrü Kaplan, Ihsan Kurt, Aslan Saraç and Beyhan Günyeli were
          arrested in Adana. Cengiz Tas, Menaf Avci and Yalçin Sevinc were arrested in
          Elazig. Salih Dinç was arrested in Batman and Rezzan Günes (female) was
          arrested in Mardin. The Special Rapporteur subsequently transmitted
          allegations received regarding the treatment of Fahri Ferda cetin and
          Necmiye Aslano lu in his 15 September 1994 communication, summarized
          above (15 December 1993)
          782. Yusuf Yilmaz, Ahmet Içli, journalists with the magazine Devrimci Côzüm ,
          and their friends Feride Karadi (female) and Leyla Akbaba (female) were
          taken into detention by police in Istanbul on 26 December 1993. The offices
          of the magazine were reportedly raided by police later that evening and
          on 29 December Ibrahim Ozen, owner of the magazine, Seher Tufan, Musa Uyar,
          Ayse Aytaç, Ismet Ercan, Gülcan Güzel, Alisan Egim, and Haci Yalçin were
          allegedly also detained. A lawyer acting for the detainees was reportedly
          told by the Anti-Terror Branch of Istanbul police headquarters that they were
          holding three of them, but the police reportedly denied holding Yusuf Yilmaz
          and Ahmet Içli. The lawyer reportedly had not been permitted access to any of
          the detainees (11 January 1994)
          783. On 24 March 1994 the Government replied that Feride Karadi and
          Leyla Akbaba had been arrested on 26 December 1993. The two persons arrested
        
          
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          with them were not Yusuf Yilmaz and Ahmet Içli, but had been using false
          identity cards drawn on those names. They and the other named persons who
          were arrested were transferred to the Istanbul Prosecutor's Office on
          suspicion of activities in connection with the organization TKHP-C/DEV-SOL and
          Feride Karaka , Halci Yalçin and Seher Tufan were released on 7 January 1994.
          It was established by a medical report on 7 January 1994 that none of these
          persons was subjected to torture or any other form of mistreatment.
          784. Ahmet Aygün was arrested in Istanbul on 19 January 1994 and the following
          morning was taken back home by plainclothes police officers who searched his
          house and took him away again. According to his mother, he was in a poor
          state of health and both of his arms appeared to have been broken. Since then
          he had reportedly been held in incommunicado detention, presumably at the
          Jthti-Terror Branch of Istanbul police headquarters (26 January 1994)
          785. On 26 May 1994 the Government replied that Ahmet Aygün had been arrested
          on suspicion of belonging to the KAWA organization and was being held at
          Istanbul prison pending the conclusion of his trial. A medical report by the
          Istanbul Forensic Medicine Institute established that he was not subjected to
          any form of mistreatment during his detention.
          786. The following persons were detained and held under emergency
          legislation after police carried out a raid on their houses during the night
          of 12 to 13 February 1994 in Diyarbakir: Metin Toprak, Democracy Party (DEP)
          candidate for Diyarbakir; Musa Ozsat, DEP candidate for Yenisehir district;
          Nebahat Akkoç (female), DEP member and Diyarbakir branch president of the
          teachers' union “Egit-Sen” (23 Feruary 1994)
          787. On 2 May 1994 the Government replied that the three detained persons
          had been arrested under the Criminal Code in connection with PKK links and
          had been released on 21 February 1994. Musa Ozsat's arrest was confirmed by
          the court on 23 February 1994, but he had escaped. Medical reports showed
          that none of the persons had been mistreated during their detention. An
          investigation into the assassination of Zübeyir Akkoç was under way.
          788. Masallah Duygu and Metin Elçi were reportedly arrested while working in
          a bread factory in Mersin around 20 March 1994. Workers at the factory
          witnessed both men being severely beaten outside the premises before being
          taken away (25 March 1994)
          789. The following persons, the last 12 of whom were under 18, were arrested
          on 17 April 1994 during a raid on the office of the magazine Alinteri ( Toil )
          in Ankara by officers of the Anti-Terror Branch of the police:
          Firdevs Kirbiyik (female) and Fatime Akalin (female), also members of the
          Health Workers' Union; Derya Tanrivermi (female); Zafer Sakin; Cemile Derya
          Deveci (female); Yusuf Deveci; Nun Akalin; Hüseyin Pur; Kiymet Pur (female);
          Zafer Kirbiyik; Emel Vergül (female) ; Tu ba Sarihan; Hacer Tekin (female);
          Emrullah im ek; Ufuk Akçapinar; and Atilla Ate . The Special Rapporteur
          subsequently transmitted further allegations regarding the treatment of these
          persons in his 15 September 1994 letter, summarized above (25 April 1994)
        
          
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          790. Hasan Demir, a lawyer from Istanbul, was arrested on 19 April 1994 and
          taken to Gayrettepe police headquarters. Other prisoners who were released
          from that place a few days later reportedly informed his family that he had
          been ill-treated (2 May 1994)
          791. On 18 July 1994 the Government replied that Hasan Demir had been
          apprehended on suspicion of planning a bank robbery. His subsequent arrest
          on 3 May 1994 was ordered by the judicial instance before which he was brought
          and medical reports indicated that he was not subjected to any form of
          ill-treatment during his detention.
          792. Yavuz Yilmaz, a lawyer, was arrested at his office in Istanbul
          on 29 April 1994 and taken to the police headquarters in Istanbul, where he
          was apparently held for one or two days before being transferred to police
          headquarters in Elazig, eastern Turkey, for interrogation (13 May 1994)
          793. Sedat Aslanta , a lawyer and Deputy Secretary-General of the Turkish
          Human Rights Association (THRA), was arrested by four plainclothes policemen
          and taken to the Anti-Terror Branch of Ankara police headquarters
          on 12 May 1994 (16 May 1994)
          794. On 30 June 1994 the Government replied that Sedat Aslanta was arrested
          pursuant to a warrant that had been issued on 17 September 1993 by the
          Diyarbakir State Court for failing to answer a summons from the Diyarbakir
          Prosecutor's Office. His trial was under way regarding membership in an
          illegal organization and there was no indication that he had been subjected to
          any form of mistreatment during his detention.
          795. Sevtap Yoku Veznedaro lu, a student at the Faculty of Law in Dicle
          University in Diyarbakir and wife of Fevzi Veznedaro lu, former President
          of the Diyarbakir Human Rights Association, was reportedly arrested
          on 4 July 1994 by members of the Jthti-Terror Branch of the Diyarbakir
          police, at whose headquarters she was said to be undergoing interrogation
          (6 July 1994)
          796. On 18 October 1994 the Government replied that Sevtap Yoku Veznedaro lu
          had been arrested on 15 July 1994 following interrogation at the Diyarbakir
          State Security Court and that a public trial of her case was under way at
          State Security Court No. 4. She was not subjected to torture or ill-treatment
          while she was in custody.
          797. Recep Mara li, Nurcan Balci (female), Nuran camli (female), Murat Satik,
          Bahriye Satik (female), Orhan Ate , and Ergül Kiyak were among 11 persons
          detained during a police operation in Istanbul on 8 July and held in
          incommunicado detention, possibly in the Anti-Terror Branch of Istanbul police
          headquarters. Nurcan Balci was transferred from detention to i li Etfal
          hospital on 10 July, suffering from fractures of her left kneecap and the
          lower part of her spine, allegedly as the result of torture. Particular
          concerns were expressed for the condition of Recep Mara li, publishing
          director of Komal Publishing House, who suffered from disturbances of vision
          and balance and general poor health and required constant medical attention
          and a special diet (12 July 1994)
        
          
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          798. On 20 July 1994 the Special Rapporteur transmitted another urgent appeal
          pursuant to new information received indicating that Recep Mara li had been
          severely tortured at the Anti-Terror Branch of Istanbul police headquarters.
          He was allegedly blindfolded, given electric shocks and falaga (beating on
          the soles of the feet), and beaten continuously during his first two days in
          detention. It was further alleged that he had received no medical treatment
          in detention for his balance and coordination difficulties.
          799. On 16 November 1994 the Government replied that on 21 July 1994 the
          relevant court had ordered the arrest of Recep Mara li and Ergül Kiyak and
          the release of Nurcan Balci, Nuran camli, Murat Satik, Bahriye Satik and
          Orhan Ate . It was established by a medical report on 21 July 1994 that
          the suspects had not been subjected to torture or ill-treatment during
          their detention.
          800. Mehmet Fida Alin, a former executive committee member of the
          Democracy Party (DEP) in the Seyhan district of Adana, was reportedly
          detained on 11 July 1994 in the Denizli neighbourhood of Adana by police
          officers. The men were reported to have taken him away in an unmarked car
          and his whereabouts were unknown (14 July 1994)
          801. Selim Sadak and Sedat Yurta , both deputies and members of DEP, were
          reportedly detained at the Security Directorate in Jthkara. The two men
          had allegedly undergone severe ill-treatment and were on a hunger strike
          (18 July 1994)
          802. On 15 November 1994 the Government replied that Selim Sadak and
          Sedat Yertas had not been subjected to torture or ill-treatment during
          detention and that legal procedures were followed in their interrogation
          and detention.
          803. Mehmet Tabak, his daughter Nebile Tabak, Hatun Temiz (female),
          Esmer cirak (female) , and Gulistan Büyükdere (female) were reportedly detained
          by gendarmes on 12 July 1994 in Hüseyinkent, I dir province. They were
          allegedly paraded in front of villagers, beaten and verbally abused before
          being taken away. They were being held in incommunicado detention at
          gendarmerie headquarters in I dir (20 July 1994)
          804. On 1 November 1994 the Government replied that these persons had in
          fact been arrested on 13 July 1994, interrogated at the I dir Chief
          Prosecutor's Office, and on 18 July taken to the State Prosecutor's Office,
          and subsequently released. Medical reports and statements of the suspects
          themselves indicated that they had not been subjected to torture or
          ill-treatment at the time of their arrest, during their detention, or while
          they were being taken to the State Prosecutor's Office.
          805. Cemil Timur, Zeydin Timur, evket Timur, Hasan Aykut, Fehim Yalçin,
          Saadi Ozlü and Osman Ozlü were reportedly detained in early July 1994 in the
          course of military evacuations of villages surrounding Evrek, near Beytu ebab
          in Hakkari province. They were said to be held by the security forces in
          Evrek (25 July 1994)
        
          
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          806. Fahrettin Inal reportedly threw himself from the fifth floor of a
          building while being pursued by police on 16 July 1994 in the Ofis district of
          Diyarbakir. He was said to have been taken to Diyarbakir hospital by police.
          As a result of his fall, he suffered fractures of his ankles, legs and various
          other parts of his body, as well as damage to his spine. The police allegedly
          took him from the hospital the day after his admission, before he had received
          any medical treatment (25 July 1994)
          807. Berivan Kutluay (female), Safyetin Tepe, Nevzat Bulut, and
          Mustaf a Alada , journalists with the newspaper Ozgür tJlke , were reportedly
          detained on 10 August 1994 at the newspaper's A ri offices by plainclothes
          police officers of the Anti-Terror Branch (15 August 1994)
          808. Ali Candan was reportedly detained at about midnight on 8 August 1994
          during a raid by the security forces on his aunt's house in Izmir. He was
          said to have been later transferred to Diyarbakir (23 August 1994)
          809. On 23 November 1994 the Government replied that Ali Candan was arrested
          on 11 July 1994 in Izmir and sent to Diyarbakir, where the Diyarbakir Security
          Court confirmed his arrest. He was being held in Diyarbakir prison. It was
          established by a medical report of 16 July 1994 and the defendant's own
          statement that he was not subjected to torture or ill-treatment.
          810. Nadire celik, enay Hano lu, Medine Gôyük and Ayla Ozcan, all women,
          were among six persons reportedly detained on 7 September 1994 at the office
          of TIYAD (Association of Relatives of Political Prisoners) in Istanbul
          following a police raid of the premises. They were said to be held
          incommunicado at the Anti-Terror Branch of Istanbul police headquarters
          (13 September 1994)
          811. On 21 November 1994 the Government replied that on 8 September 1994,
          following interrogation, the four women were ordered released. It was
          established that they were not subjected to torture or ill-treatment during
          their detention.
          812. Musa Ulusoylu, an official of the public workers' union Tüm-Maliye-Sen,
          was reportedly detained in Ankara on 11 September 1994. The following day,
          the following persons were also arrested: Ozer Akdemir, Mehmet Ali Gürel,
          Ay enur Ilkiz (female), Devrim Osman celebio lu, Müjdat Yilmaz, and Emine O ün
          Yilmaz (female) . The detainees were said to be held at the Anti-Terror Branch
          of Ankara police headquarters and were being interrogated for alleged
          membership of the illegal organization TDKP (Turkish Revolutionary Communist
          Party) (19 September 1994)
          813. The following persons were reportedly detained on 27 September 1994 at
          the Ankara branch of the law firm Halkin Hukuk Burosu (People's Law Office)
          Murat Demir, member of the Ankara Bar; Ahmet Düzgün Yüksel, member of the
          Istanbul Bar; Fatma Yaman (female); and Gülcan Ya iz (female) . They were
          believed to be held at the Anti-Terror Branch of Ankara police headquarters
          (30 September 1994)
          814. On 24 November 1994 the Government stated that the above-named persons
          had been taken into custody at the Security Directorate and that their arrest
        
          
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          was ordered on 10 October 1994 by the State Security Court. It was
          established that the allegations concerning torture and ill-treatment put
          forward by the defendants were not true and that they were not subjected
          to torture and ill-treatment.
          815. Ali Ekber Kaya, a civil servant with the Tunceli Human Rights
          Association, was reportedly detained at his home during the night of
          22 September 1994 and was being held incommunicado at Tunceli police
          headquarters (30 September 1994)
          816. The following persons, suspected supporters of the banned
          party PRK (Partiya Rizgariya Kurdistan) , were reportedly arrested in a police
          operation beginning on 27 September 1994 and were being detained in Izmir:
          Kaya Mustakkaya, Metin Yavuz, Nevzat Sa niç, Gurbet Adibelli (female)
          Neslihan Gôktepe (female) , Songül Diriba (female) , Naciye Koç (female)
          Izzettin Koç, Zahide Ki anan (female), Mehmet Ki anan, Murat Satik,
          Siddik Satik, Kadir Satik, Ridvan Karatay, Ali Kemal Yildiz, Adil Aslan,
          Veysi Ozbaltaci, Ya ar Ya ci, Ahmet Oncü, and Riza Dinç. Information
          was also received concerning Bahri Mente , who was reportedly detained
          on 23 September 1994 by two uniformed and one plainclothes policemen while
          leaving a mosque opposite the Fatih market-place in Istanbul. Although his
          family were informed by the Anti-Terror Branch that Bahri Mente had been
          transferred to the Istanbul Maslak gendarmerie, the latter denied holding him.
          Further reports indicated that he may have been in the custody of the Bingôl
          district gendarmerie in south-east Turkey (5 October 1994)
          817. Abdulkerim Ba dur was detained by police on 4 October 1994 while driving
          from the akirpa a district to Adana city centre. He was brought to his
          parents' house at midnight, where his family were said to have observed
          that his clothes were torn, he was bleeding from the face and throat and he
          appeared exhausted and unable to stand. After searching his house, the police
          departed with Abdulkerim Ba dur in custody (7 October 1994)
          818. Gürsel ahin, Nezahat Ozen (female), Metin Da and Vehbiye Tüzün
          (female) , correspondents for the newspaper Ôzgür tJlke , were reportedly being
          held incommunicado at gendarmerie regimental headquarters in Diyarbakir.
          Gürsel ahin, Nezahat Ozen and Metin Da were said to have been detained
          following a police raid of the Ozgür tJlke premises in Diyarbakir on
          20 September 1994. Vehbiye Tüzün, who is the Urf a correspondent for
          Ozgür tJlke , was detained at the bus terminal in Diyarbakir by police, who
          allegedly punched her and dragged her by the hair after she had protested
          her arrest (10 October 1994)
          819. Emran Emekci, a lawyer and member of the Management Committee of the
          Izmir branch of the Turkish Human Rights Association, was reportedly arrested
          by members of the security forces during a break in the trial he was attending
          at Ankara State Security Court on 7 October 1994 (13 October 1994)
          820. On 14 December 1994 the Government replied that Emran Emekci had been
          ordered arrested by the judicial authorities on 27 October 1994 and was being
          held in Bingol prison. It was established by medical reports that he had not
          been subjected to torture or ill-treatment during his detention.
        
          
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          821. The following persons were reportedly arrested by plainclothes police
          on 13 October 1994: Emrullah Ci Mustafa Asi , and Suzan I bilen (female)
          members of the teachers' union E it-Sen; and Pervin I bilen (female) , a
          student teacher. They were said to be held in unacknowledged and
          incommunicado detention at Diyarbakir police headquarters (18 October 1994)
          822. A number of prisoners at Diyarbakir prison were reportedly on hunger
          strike and were refusing to attend court hearings following the alleged
          severe beatings in the waiting-rooms and corridors of the court of about
          30 defendants on 13 September 1994. Prison warders reportedly attempted
          forcibly to remove a prisoner for police interrogation on 4 October 1994 after
          fellow prisoners had prevented him from going for fear he would be tortured.
          A large group of policemen, soldiers and warders, prevented from opening the
          iron door of dormitory 27 by prisoners blocking the door with mattresses,
          blankets and clothes, allegedly opened up holes in the ceiling and walls with
          explosives and threw tear-gas bombs into the dormitory. As a result, the
          mattresses, blankets and clothes caught fire, and one prisoner, Ramazan Ozüak,
          was said to have died from the burns he suffered. The other inmates were
          forced to break down an iron door leading to dormitory 18, whereupon the
          security forces reportedly attacked and removed each of the inmates, many
          of whom were faint or almost unconscious from the effect of the smoke.
          More than 300 prisoners were allegedly dragged along the corridors between
          two lines of security force members, who allegedly beat them with truncheons,
          iron bars, chains and clubs. While some seriously injured prisoners were then
          taken to hospital, the majority were allegedly beaten as they waited in the
          corridors and prison yard with their hands tied behind their backs. Early the
          next morning they were reportedly taken on a journey of six or seven hours in
          vans to Gaziantep without stopping or being given water and they continued to
          be beaten on the journey. They were placed in Gaziantep prison where they
          allegedly received beatings during their first two days of detention.
          Relatives who visited the prisoners reported that many suffered from a variety
          of injuries, such as broken arms, shrapnel wounds from bombs and bullets, and
          some were ill. It was alleged that injured prisoners had not seen a doctor
          nor been given any medical treatment (24 October 1994)
          823. On 24 November 1994 the Government replied that relevant authorities
          had been trying to comply with an order of the Chief Public Prosecutor of the
          Diyarbakir Security Court that a prisoner appear at his office. Contrary to
          allegations, the fire in the prison ward was caused by the inmates themselves
          by burning mattresses, blankets and clothes in the inner courtyard of the
          prison and their resistance was thus transformed into a violent mutiny against
          the prison administration. The prison officials were also faced with an armed
          attack of prisoners who had made weapons. Judicial and administrative
          inquiries into the incident were under way.
          824. Aheste Akbilek, a representative for Tüm Sa lik Sen (Health Workers
          Union) , was reportedly arrested on 21 November 1994 during a raid on her
          home in Ankara by police from the Anti-Terror Branch of Ankara security
          headquarters (24 November 1994)
          825. The following were among 30 persons reportedly arrested
          on 24 November 1994 by officers of the Jthti-Terror Branch of Istanbul police
          headquarters during raids of the offices of four magazines: Ilker Alcan,
        
          
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          Bülent Ba ci, Ufuk Do bay, Sava Karakurum, Tank Tolunay, Selda Ozcan
          (female) , Hatice Akdo an (female) , and Murat Kuyumcu of Mücadele magazine;
          Mehmet Akdemir, Kudret Sangül (female), and Veli Canik of Yoskul Halkin Gücü
          magazine; Yemliha Kaya and Metin Yildiz of I çi Hareketi magazine;
          Sabahat Varol (female), Serap Topçu (female) , Filiz Kaplansüren (female)
          Erdal Kaplansüren, Havva Suiçmez (female) , Bülent Karata , Hayat Fayli, of
          Devrimci Genclik magazine. They were said to be held in incommunicado
          detention at Istanbul police headquarters (28 November 1994)
          Observations
          826. The Special Rapporteur remains concerned that the provisions for
          prolonged incommunicado detention, especially those applicable in the
          emergency zones, remain in force despite repeated recommendations that they be
          removed. He believes that they provide a fertile context for the infliction
          of torture of detainees which continues to be systematic, the perpetrators
          acting with virtual impunity. While grateful for the replies he has received,
          he finds most of them contain unsubstantiated flat denials that evince a
          willingness to accept the version of events of the authorities or certain
          medical personnel, which patently lack credibility. Sadly, most such replies
          risk being taken as a signal by those responsible for the torture of the
          Government's willingness to protect them and to have them continue the
          practice.
          Turkmenistan
          Information transmitted to the Government
          827. By letter dated 21 July 1994 the Special Rapporteur transmitted the cases
          to the Government summarized in the following paragraphs.
          828. Karadzha Karadzhayev, an opposition activist, was arrested in Ashgabat
          on 26 October 1992 and taken to the police station, where he was severely
          beaten. He was released without charge the following morning. He was
          arrested again on 12 August 1993, allegedly for politically motivated reasons,
          and was said to be held in investigation-isolation prison No. 1 in Ashgabat.
          829. Mukhammedmurad Salamatov, an opposition activist, was reportedly
          assaulted on 3 October 1992 by two government agents working for the Ministry
          of Internal Affairs or the State Security Committee, who beat him severely.
          He reportedly complained to police about the incident, but no investigation
          was said to have taken place.
          830. Rufina Arabova went to see the Deputy Minister of Internal Affairs
          on 15 March 1993 to make a complaint against militia officers. The Deputy
          Minister allegedly told her that she was mentally ill and called militia
          officers into the office who then took her to the militia station. At the
          station, she was allegedly beaten by a militia officer, resulting in bruises
          on her legs, a cut on her side and a split lip.
        
          
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          Uzbekistan
          Urgent appeals
          831. On 2 May 1994 the Special Rapporteur transmitted an urgent appeal on
          behalf of Pulat Akhunov, a Deputy Chairman of the opposition Birlik (Unity)
          Movement, who was serving a sentence on allegedly fabricated criminal charges.
          In September 1993 he was sent to a corrective labour colony in Kyzyltepinsky
          district, Navoi region, where he was allegedly beaten regularly. As a result
          of the beatings his state of health was said to have deteriorated
          considerably. It was also reported that in February or March 1994 he was
          held in a punishment cell for 10 days, allegedly for hitting someone, and
          subsequently his family was informed that he had been transferred from
          the punishment cell to solitary confinement for a period of two months.
          Venezuela
          Information transmitted to the Government and replies received
          832. By letter dated 29 March 1994 the Special Rapporteur advised the
          Government that he had received information indicating that torture was
          carried out frequently, despite the existence of provisions to prevent and
          punish the practice. Torture was said to be employed to intimidate detainees
          and obtain confessions. The most commonly used methods reported were
          beatings, including by striking both ears simultaneously with the palms of
          the hands or with the truncheons used by the police and prison guards known as
          “ peinillas” ; near suffocation by placing over the head a plastic bag sometimes
          containing substances such as ammonia, insecticide or detergent; the immersion
          of the head into often dirty water; application of electric shocks and hanging
          by the wrists for long periods.
          833. Torture was said to be practised by the Metropolitan Police (PM),
          the State Police and the Directorate of Intelligence and Prevention
          Services (DTSIP), as well as by the criminal investigations police (PTJ) , who
          play a major role during the pre-trial phase of proceedings. The National
          Guard (GN), which forms part of the army and is authorized to conduct
          investigations in certain areas, were also alleged to use torture.
          The Military Intelligence Directorate (DIM) and the Army Intelligence
          Directorate (DIE) were alleged to have been responsible for the torture
          inflicted upon the persons arrested during the military uprisings of February
          and November 1992.
          834. Police may keep a person in detention for a week before bringing him
          or her before a judge, during which time they may gather evidence, including
          confessions, which carry great weight in the courts. This circumstance was
          said to facilitate torture. Some defendants were said to have been sentenced
          solely on the basis of such confessions, even when complaints were made that
          the confessions had been obtained under torture. Also, the constitutional
          precepts that prohibit incommunicado detention were said frequently to be
          violated. Many detainees, including minors, were allegedly held for
          several days without access to their families or to representatives of the
          Attorney-General's Office ( Fiscalia General de la Repüblica) , the institution
        
          
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          responsible for guaranteeing the rights of citizens. Furthermore, in some
          cases relatives were told that the persons were not in detention or had been
          moved to another detention centre.
          835. According to the information received, the courts do not investigate
          torture complaints properly, very few such complaints result in punishment
          and the few sentences imposed have been very light. Judicial proceedings
          applicable in cases of violations of human rights by members of the security
          forces are reportedly ineffective, in part because of extensive delays in the
          informaciôn de nudo hecho procedure. This procedure allows an investigation
          to be conducted by a judge and the PTJ, usually at the request of the
          prosecutor, in cases of alleged human rights violations by members of the
          police or the armed forces. The procedure is in fact perceived as a mechanism
          of impunity which systematically slows down and often obstructs the criminal
          investigation. The Institute of Forensic Medicine, members of whom are
          repeatedly cited in reports of torture, is part of the PTJ and its experts
          allegedly sometimes fail to certify the presence of injuries or other
          indications which may incriminate the police. Furthermore, there are
          reportedly few independent forensic physicians in the country in a position
          to challenge the official reports of the Institute or who could carry out
          impartial examinations in cases of violations of human rights. Finally, the
          appeals in cases of torture or other violations of human rights which come
          under military jurisdiction were said to be hampered by the practice of the
          military authorities of denying the representatives of the Fiscalia access
          to the detainees.
          836. Police were said frequently to carry out raids in the poor districts of
          the cities with high crime rates and to detain groups of young people in the
          streets, without a court order, under the Law of Vagrants and Crooks. This
          type of detention is administrative and there is no possibility of control by
          the judicial bodies. Although in practice such detentions usually lasted only
          one day or less, they were said to be the occasion of much physical abuse such
          as beatings, electric shocks and death threats.
          837. Conditions in the prisons were reportedly extremely harsh, due in part
          to overcrowding, the use of solitary confinement cells, the low quality of the
          food, the poor state of the sanitary facilities and the lack of medical care.
          Such conditions have led to protests by the prisoners to which the security
          forces were alleged to have reacted violently. Guards allegedly often
          resorted to beating the prisoners severely for minor breaches of prison
          discipline.
          838. The Special Rapporteur also transmitted to the Government the cases
          summarized in the following paragraphs.
          839. Miguel Jthgel Delgado Méndez, an official in the Ministry of Defence in
          Caracas, was arrested on 15 April 1992 by members of the PM, who accused him
          of being a deserter. He was allegedly beaten repeatedly during his transport
          to a national guard station and at the station was allegedly sprayed with a
          caustic substance which produced serious burns on various parts of his body,
          including his right eye. Some hours later he was released without charges.
          Complaints were lodged, but the persons responsible were not prosecuted.
        
          
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          840. Ivo Rodriguez Escudero was arrested on 26 November 1992 in Valencia by
          members of the police of the State of Carabobo and accused of taking part in
          a demonstration. During three days' detention at the DISIP he was allegedly
          beaten, hung by the wrists for long periods, threatened with electric shocks
          and death, deprived of food, and denied medical care. On 30 November, he was
          taken to the DISIP in Caracas and was released on 13 January on condition of
          his signing a document attesting that he had been released in perfect health.
          He was allegedly threatened with death by members of DISIP if he continued to
          complain about his torture.
          841. With respect to this case, the Government reported on 3 October 1994 that
          at the request of representatives of the Public Ministry a medical examination
          had been carried out, revealing that Mr. Rodriguez' injuries were slight.
          On 10 December 1993 he filed a complaint with the Public Ministry for the
          torture suffered while detained in Valencia.
          842. Miguel Jthtonio Bervis, a member of the charitable organization Juventud
          Venezolana de Acciôn Sana, was arrested on 28 November 1992 at his home in
          Ciudad Bolivar by members of DIM. At the barracks of the fifth military
          district, he remained incommunicado for five days, during which time he
          was allegedly severely beaten, nearly suffocated, and threatened with the
          detention and torture of his wife and children. He was subsequently released
          without charge. A medical examination revealed that he had suffered six
          fractured ribs, several bruises and had difficulty in moving his limbs.
          On 15 January 1993, he lodged a complaint with the Office of the
          Attorney-General, but the persons who carried out the torture were
          not charged.
          843. Fernando Benitez was arrested without a court order in Caracas
          on 29 May 1993 by two persons who identified themselves as members of the
          security forces. He was placed in a vehicle, allegedly beaten unconscious and
          upon regaining consciousness was again severely beaten. His head was pushed
          into water with excreta and he was deprived of food and threatened with death.
          Before being released two days after his arrest, he was allegedly threatened
          not to report the incident. He was said to have suffered multiple bruises, an
          injury to the left eye and a fractured jaw as a result of his treatment. In
          early June he lodged a complaint with the Office of the Attorney-General, but
          no charges had been brought.
          844. Freddy Miguel Franquis Aguilar, a community activist in the La Laguna
          district of Caracas, was arrested by members of PM on 25 February 1992,
          reportedly because he had protested upon observing the police beating
          two residents of the district. One week later, his family found his body at
          the hospital morgue. According to the medical report, Mr. Franquis had been
          burned with cigarettes and severely beaten before being shot at point-blank
          range. Three members of PM were reportedly suspended from their duties while
          an investigation was being conducted.
          845. On 3 October 1994 the Government informed the Special Rapporteur that
          three policemen had been dismissed for their responsibility in the death of
          Mr. Franquis. A penal investigation was under way.
        
          
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          846. Elio Pereira Flores was arrested in Caracas on 19 January 1993 with
          his three-year-old son by members of PTJ. The child was allegedly beaten and
          released shortly afterwards, but Elio Pereira was interrogated and allegedly
          tortured by beating and electric shocks. Before his release without charge
          that same day, he was threatened with death if he reported the incident.
          Despite the threat, he lodged an appeal with the Office of the Prosecutor.
          847. On 3 October 1994 the Government informed the Special Rapporteur that at
          the request of the Public Ministry a medical examination had been carried out,
          revealing that the injuries sustained by Mr. Pereira and his son were slight.
          A penal investigation against seven members of PTJ was being conducted.
          848. Juan Rodriguez Navarrete, Oswaldo Alvarado and Mario Guarimata Rodriguez,
          former members of PM of the State of Anzoategui, were arrested without a court
          order on 4 February 1993 by members of GN in the city of Barcelona. While
          undergoing interrogation at GN premises, they were allegedly beaten severely
          and threatened with death. They were subsequently released without charge.
          849. Maximo Puerta Ollarves, a member of the Zulia police, was arrested
          on 1 May 1993 by members of DISIP on charges of theft and was allegedly
          tortured at the DISIP premises in Maracaibo. He was released some days later
          without charges, but he had to spend several days in hospital as a result of
          the injuries he had sustained. On 14 July 1993, the State prosecutor began
          a preliminary investigation of the case.
          850. On 3 October 1994 the Government informed the Special Rapporteur that
          the Public Ministry had ordered a medical examination, which revealed the
          existence of serious injuries. A penal investigation against two members
          of DISIP was being conducted.
          851. John Antonio Paez, from the city of Maracay, Aragua State, was arrested
          on 22 January 1993 by members of PM under the Law of Vagrants and Crooks. He
          had reportedly been arrested previously on several occasions and subjected
          each time to torture such as electric shocks, beating and death threats.
          852. Edgar Rafael Suarez Hermoso, from Maracay, was arrested
          on 9 December 1992 and taken to the El Alayôn prison under the Law of Vagrants
          and Crooks. He had previously been detained on various occasions in the
          El Dorado prison, where he was allegedly subjected to such forms of torture
          as near suffocation and beating with truncheons, sticks and rifle butts.
          In January 1992, he reportedly lost an eye when he was kicked by a guard.
          Urgent appeals
          853. On 24 August 1994 the Special Rapporteur sent an urgent appeal on behalf
          of José Manuel Flores, a teacher and community organizer, José Gregorio
          Guédez, Ruben Smnchez and José Luis Smnchez. These persons were reportedly
          detained on 17 August 1994 by members of the state police in Guacara,
          Carabojo, for transporting weapons and belonging to the armed opposition group
          Bandera Roja . They were transferred to Caracas where they were being held
          incommunicado by DIM.
        
          
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          854. On 11 November 1994 the Government informed the Special Rapporteur
          that a representative of the Public Ministry had met with the detainees
          on 24 August 1994 and that they declared that they had not been tortured.
          855. The Special Rapporteur transmitted another urgent appeal
          on 16 September 1994 on behalf of Gabriel Rivas Granadillo, a leader of
          La Chivera peasants' union, who was arrested without a warrant on 2 July 1994
          by members of the police of Valencia, Carabobo. He was sentenced to
          administrative detention of one year under the Law of Vagrants and Crooks
          and was being held in a police station annex in Valencia, where detainees
          are allegedly often tortured or ill-treated.
          Follow-up to cases previously transmitted
          856. On 3 October 1994 the Government replied to the cases referred to in the
          following paragraphs, which were transmitted by the Special Rapporteur in
          August 1992.
          857. Daniel Alvarado Alarcôn, Julio Enrique Andrade, Enrique Barroso
          Hernmndez, Luis Alberto Caballero, Hector Chacôn Duque, José Gregorio Escalona
          Delgado, Lisandro Perez Hernmndez, Orlando Ramirez Paez, José Angel Rodriguez,
          Julio Rojas Avila, Jhonattan Toro Marval, Carlos Alejandro Valeiro and
          Mark Zuchelli, all students, were arrested on 23 January 1992 in Caracas and
          allegedly tortured. The Government informed the Special Rapporteur that
          medical examinations had revealed the existence of slight injuries. As a
          result, the Public Ministry opened a preliminary investigation and brought
          formal charges against several members of the police.
          858. Pablo José Rondôn Hernmndez and Brezne Manzano Rodriguez were arrested
          on 21 October 1991 in Caracas and allegedly tortured by PM. The Government
          informed the Special Rapporteur that a preliminary investigation against
          members of PM not yet identified was under way.
          859. Carlos Bernardino Carballo Morales and others were arrested
          on 18 October 1991 in La Vega, Caracas, and allegedly tortured by members
          of GN. The Government informed the Special Rapporteur that the Public
          Ministry had initiated a preliminary investigation on 31 October 1991 which
          was still under way.
          860. Igor Luengo was arrested on 21 October 1991 in Caracas by PM and
          allegedly tortured. The Government informed the Special Rapporteur that, in
          order to initiate an investigation, the Public Ministry had requested that a
          medical examination be carried out. Mr. Luengo, however, never appeared
          before the Institute of Forensic Medicine for this purpose. Therefore, it was
          not possible to pursue the case.
          861. José Blondell was arrested on 9 March 1992 and allegedly tortured
          at El Llanito police station, Petare. The Government informed the Special
          Rapporteur that the steps taken by the Public Ministry to locate this person
          had been unsuccessful and, therefore, it had not been possible to open an
          investigation.
        
          
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          862. José Fermin Diaz Macarri was allegedly tortured on 25 January 1992 at
          El Llanito and El Cochecito police stations, Petare. The Government informed
          the Special Rapporteur that this person did not appear before the Institute
          of Forensic Medicine to be examined. It was therefore not possible for the
          Public Ministry to open an investigation.
          863. Rommer Figueroa Lizardi died on 29 May 1992, allegedly after being
          severely beaten by members of GN in Ciudad Guayana, Bolivar. The Government
          informed the Special Rapporteur that immediately after the incidents in which
          Mr. Figueroa died the Public Ministry opened an investigation which continued
          until 13 April 1993. On that date the Supreme Court decided that the case
          should be dealt with by the military court of Maturin. On 15 July 1994 the
          investigation was filed on the basis of article 329 of the military justice
          code.
          864. Antonio Castillo Gômez was allegedly subjected to torture in January 1992
          in Caracas by members of the police. On 9 December 1994 the Government
          informed the Special Rapporteur that Mr. Castillo had communicated to the
          Public Ministry his decision to withdraw the complaint.
          Observations
          865. Seriously concerned by the nature and persistence of allegations of
          the sort described above and the virtually interminable nature of any
          investigations undertaken, the Special Rapporteur has sought and received
          an invitation to visit the country. The mission is planned for early 1995.
          Viet Nam
          Urgent appeals sent and replies received
          866. The Special Rapporteur made three urgent appeals on behalf of the persons
          mentioned in the following paragraphs. The dates on which the appeals were
          transmitted appear in brackets at the end of the corresponding summaries.
          867. The Venerables Thich Tn Tuu, Thich Hai Tang, Thich Hai Thinh and
          Thich Hai Chanh, members of the Unified Buddhist Church of Viet Nam, were
          being detained in the Nam Ha re-education camp (also known as Ba Sao) in
          Phu Ly district, Nam Ha province, in the north of Viet Nam. All of these
          monks were allegedly subjected to severe ill-treatment. The Venerable
          Hai Tang suffered from chronic migraines and no medical treatment had
          allegedly been provided to him. Since April 1994 the monks were said
          to be on a hunger strike (18 May 1994)
          868. On 15 November 1994 the Government replied that these persons had always
          been treated humanely, they were in normal health and no one among them had
          ever staged a hunger strike.
          869. Doan Viet Hoat, who was serving a 15-year sentence for publishing a
          clandestine magazine and whose detention was determined to be arbitrary by the
          Working Group on Arbitrary Detention (Decision No. 15/1993), was reportedly
          transferred from a prison in the province of Phu Yen to Ba Sao prison in
          the Nam Ha province in February. On 25 April he was again transferred to
        
          
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          Thanh Cam prison, in the north of Thanh Hoa, about 1,000 kilometres from
          Ho Chi Minh City where his family resides. Doan Viet Hoat reportedly suffered
          from a serious kidney condition and his family had great difficulty in
          providing him with medicine. He had allegedly been punished for his refusal
          to perform hard labour due to the state of his health (26 May 1994)
          870. On 30 August 1994 the Government replied that since his imprisonment in
          November 1990 Doan Viet Hoat had always been treated humanely and had never
          been subjected to any form of hard labour. His wife and children sent him a
          parcel on 2 May 1994 and he had sent letters home. His state of health was
          normal and he had been given adequate medical attention. The transfer of
          detainees from one camp to another was normal and in full accordance with
          the law.
          871. The Special Rapporteur informed the source of the reply of the Government
          regarding Doan Viet Hoat and the source indicated that concerns remained that
          he was held in a prison situated far from his family where nutrition was poor
          and health care inadequate. His family were restricted in their ability to
          provide necessary medicines due to the distance and visits were permitted
          only once a month.
          872. The Venerable Thich Hanh Duc, serving a sentence at the Phuoc Co prison
          in Ba Ria, reportedly began a hunger strike 7 July 1994 to protest against
          the cancellation of a new trial with regard to his case. He reportedly was
          determined to continue with his hunger strike until death. He had allegedly
          been placed in isolation with his hands and feet in chains and fears were
          expressed that his life was in jeopardy (15 July 1994)
          873. On 15 November the Government replied that Thich Hanh Duc had always been
          treated humanely, that his health was normal and that he had never staged a
          hunger strike.
          Yemen
          Urgent appeals
          874. On 22 July 1994 the Special Rapporteur transmitted an urgent appeal to
          the Government on behalf of Dr. Muhammad al-Mikhlafi, researcher at the Yemeni
          Centre for Research and Studies; Nu'man Qa'id Sayf, journalist at al-Tajamu '
          newspaper; ‘Izzadin Sa'eed Ahmad, journalist and Vice-President of the
          Writers' Union in Taiz; ‘Abdullah Sa'd, journalist at al-Shura newspaper;
          ‘Abdul-Rahmam Sayf Ismail, journalist and local government employee. These
          persons were arrested between 17 and 18 July 1994 by al-Amn al-Siyassi
          (political security) following a seminar organized by The Yemen Times on
          “The Future Political Perspectives of Yemen” . They were reportedly being
          held incommunicado and in solitary confinement at al-Amin al-Siyassi detention
          centre in the district of al-Safia, in Sana'a. Others persons arrested with
          them were allegedly tortured.
        
          
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          Yugoslavia
          Information transmitted to the Government
          875. By letter dated 21 July 1994 the Special Rapporteur informed the
          Government that he had received reports indicating that ethnic Albanians
          living in the province of Kosovo were vulnerable to beatings and torture by
          the police and the State Security Service (SDB) . Victims of ill-treatment
          were frequently said to be political activists, persons formerly imprisoned
          for political reasons, and school and university staff. Members of the
          extended families of those targeted were also said to be at risk of
          ill-treatment.
          876. Detainees were allegedly frequently held beyond the statutory period
          of three days before being brought before an investigating judge, and it
          was during this period that the worst ill-treatment was reported to occur.
          Torture allegedly was employed to extract self-incriminating statements from
          detainees and many criminal defendants were said to be convicted solely on
          the basis of statements made during investigation proceedings. Detainees
          allegedly were often threatened with further ill-treatment should they seek
          to change the statements extracted under torture when brought before an
          investigating judge.
          877. Prison medical records and examinations carried out by the Institute of
          Forensic Medicine of Pri tina University Medical Faculty in some cases have
          reportedly confirmed injuries consistent with allegations of ill-treatment.
          It was alleged, however, that requests for medical/forensic examinations were
          often ignored or delayed until injuries had largely healed.
          878. The Special Rapporteur also transmitted to the Government the cases
          summarized in the following paragraphs.
          879. Behajdin Hallaqi, Hysen Gegaj, Binak Berisha, members of the Democratic
          League of Kosovo (LDK), as well as Shefki Muçaj and Ilijaz Kadolli, were
          reportedly arrested in early August 1993 and charged with joining the
          secessionist National Movement for Kosovo Republic (NMRK) . They were
          allegedly ill-treated in custody and statements forming the basis of the
          indictments against them were allegedly extorted from Binak Berisha by force.
          Examinations by prison doctors on Behajdin Hallaqi, Ilijaz Kadolli and
          Hysen Gegaj conducted three days after their arrest reportedly revealed marks
          of bruising. Examinations of Binak Berish and Shefki Muçaj conducted
          respectively 9 and 11 days after their arrest failed to reveal the presence of
          injuries. The five were reportedly convicted on 11 November 1993 almost
          exclusively on the basis of statements made during detention and they were
          subsequently sentenced to two to three-and-a-half years' imprisonment.
          880. Uké Bytyçi, President of the Suva Reka branch of the LDK, was reportedly
          arrested on 7 October 1993 and charged with participating in paramilitary
          secessionist activities. He was allegedly subjected to beatings for two days,
          during which time he was deprived of food, drink and sleep. At one point
          during his interrogation, he was allegedly tied to a radiator and handcuffed
          behind his back while 10 inspectors took turns beating his feet, hands and
          legs. The interrogators also reportedly threatened to take him across the
        
          
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          Albanian border and shoot him. The ill-treatment was said to have prompted
          him to sign a confession. It was alleged that those coerced statements formed
          the nearly exclusive basis for his conviction on 10 December 1993 by the
          District Court of Prizren, upon which he was sentenced to five years'
          imprisonment.
          881. Fisnik Cukaj, a former President of Pri tina University Independent
          Students Union, Sadri Shala, aged 64, and his son Ymer Shala were arrested in
          early September 1993 on charges of belonging to the NMRK. Ali Lajçi, a former
          prisoner and deputy of the unofficial Kosovo Republic Parliament was also
          reportedly arrested in early September 1993 on charges of failing to report a
          crime. The four men were allegedly tortured following arrest, resulting in
          their signing coerced statements. Prison medical records concerning the men
          were said to be consistent with allegations of torture. On 1 February the
          four defendants were reportedly convicted and sentenced to between eight
          months and four years' imprisonment.
          882. Between 27 July and 9 August 1993, 19 persons were reportedly arrested
          for alleged Kosovan secessionist activities. They were identified as:
          Xhavit Haziri; Ismet Mahmuti; Hajredin Hyseni; Faik Ajeti; Raif Qela (cela)
          Salih Mustafa; Salih Salihu; Nehat Selimi; Ramadan Pllana; Islam Mulaku;
          Ajet Berisha; Baj rush Xhemajli; Sanie Aliu (female) ; Ramize Abdullahu
          (female) ; Shemsi Veseli; Rexhep Avdiu; Skender Hajdari; Hamit Zeqiri; and
          Ahmet Haxhiu. Most of those arrested were allegedly coerced by police and SDB
          officers through physical force to make incriminating statements and were
          threatened with further ill-treatment should they deviate from those
          statements before the investigating judge.
          883. Xhavit Haziri was allegedly subjected to continuous beatings by SDB
          officers from 2-6 August 1993 and was said to have removed his clothes before
          the investigating judge on 7 August to reveal bruises of various colours on
          his back, arms and legs. He was not medically examined until nine days after
          informing the judge of his ill-treatment and during the intervening time he
          was allegedly further mistreated, including being tortured on 16 August with
          an electric baton. He reportedly told the court at trial proceedings on
          4 February 1994 that SDB officers had threatened that they would “liquidate”
          his wife and two children if he made a statement to the investigating judge
          differing from the one allegedly extorted from him through torture.
          884. Ismet Mahmuti and Faik Ajeti were allegedly tortured for six days from
          their arrest on 3 August until their appearance before an investigating judge
          on 9 August. The investigating judge reportedly failed to send them for a
          medical examination and no examination was conducted until 20 August, the day
          after a submission requesting the examination was filed by their lawyer. The
          result of the examination was unknown.
          885. Raif Qela, was allegedly beaten by the police and SDB officers, given
          various injections and electric shocks and threatened with death during the
          course of interrogation sessions. He was said to have been in poor physical
          and mental condition as a result of his ordeal. The Institute of Forensic
          Medicine of the Medical Faculty of Pri tina University reportedly confirmed
          his injuries.
        
          
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          886. Salih Salihu allegedly was hit repeatedly all over his body with fists
          and an electric baton by police following his arrest. He was reportedly in
          poor health as a result of the torture and was said to have difficulty in
          walking into the courtroom at his trial in December.
          887. Ahmet Haxhiu, aged 61 and reportedly ill at the time of his arrest, was
          allegedly subjected to four days of repeated physical abuse and tried to
          commit suicide with wire he had unwrapped from a broom. He was reportedly
          released from Belgrade central prison in October 1993, and because of
          ill-health was to have been tried separately from the other defendants.
          888. On 27 February 1994 the District Court of Pri tina reportedly
          convicted 17 of the defendants. Ahmet Haxhiu was to be tried separately and
          charges were withdrawn against Rexhep Avdiu.
          889. The following persons were arrested on 16 and 17 September 1993 on
          charges of preparing an armed rebellion: Agim Krasniqi, President of
          Branch III of the LDK in Pri tina and former Yugoslav army officer;
          Bilall Syla, a former Yugoslav army officer; Ibush Kelmendi; Halit Rama;
          Xhelil Rama and Fazli Maloku. They were allegedly tortured during
          interrogation and some were said to have been unable to walk after
          interrogation. Billal Syla's alleged torture by SDB officers was said to have
          resulted in injuries to the soles of his feet, hands, mouth, and loss of
          hearing in his left ear.
          890. Adem Salihaj, President of the tJro evac branch of the LDK, and
          Sulejman Hasani were arrested in September 1993 and were allegedly tortured by
          police. On 26 September, Adem Salihaj reportedly informed the investigating
          judge of his torture and requested a medical examination. He was allegedly
          then tortured again by police on 5, 6 and 12 October. Sulejman Hasani filed a
          complaint with the Supreme Court of Serbia on 12 October, alleging torture and
          injury by the police.
          891. The Special Rapporteur also advised the Government that he had received
          reports according to which violence by the police was frequently inflicted
          upon ethnic Albanians in Kosovo during the course of searches for weapons in
          their homes. When such searches were conducted, police allegedly routinely
          directed verbal abuse towards and severely beat males in the presence of their
          families. In some instances, the abuse was also allegedly directed against
          the women, children and the elderly.
          892. It was reported that since the police forces were placed under the
          supervision of the Serbian Government in April 1990, most of the ethnic
          Albanian police officers had resigned or been dismissed, many for refusing to
          recognize the Serbian authority. It was also alleged that the almost entirely
          Serbian police force singled out persons of the majority ethnic Albanian
          population for ill-treatment. In this regard, an aim of the police was
          alleged to be to intimidate ethnic Albanians into leaving Kosovo.
          893. The Special Rapporteur transmitted the following individual cases to the
          Government.
        
          
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          894. Rexhep Mehmeti and his son Shemsedin Mehmeti were reportedly ill-treated
          on 24 February 1994 during a search of their home in Vuaitrn, whereafter they
          were allegedly taken to the police station and beaten severely for two hours.
          895. On 21 February 1994 police reportedly came to look for arms at the home
          in Klina commune of a leader of an LDK branch in Resnik village. He was not
          at home, but the police allegedly severely beat his brother, Haki Havolli.
          896. On 23 February 1994, police reportedly arrested Ndue Gajamni and his
          father Méhill Gojani, and beat them severely at the police station in Klina.
          897. On 22 February 1994 at about S a.m. police in Duraj village, Kaaanik
          commune, reportedly raided the family home of Ilaz Salihaj, aged 74, and
          severely beat him.
          898. On 23 February 1994 about 40 police officers reportedly searched the home
          of Shemsi Gashi in Pri tina, whereupon they allegedly severely beat him as
          well as his two sons, Adem and Sylejman Gashi, and two guests, Sherif and
          Nazmi Gicolli. The four were then arrested and the abuse reportedly continued
          at the police station.
          899. On 23 February 1994 at about 6 a.m. police reportedly searched the home
          of Shefqet Zogiani in the village of Halilaq near Kosovo Polje and severely
          beat him and his two sons, Naim and Nexhat Zogiani.
          900. On 17 January 1994 police reportedly searched the home of an LDK activist
          in Mira village. When they failed to find him they allegedly arrested his
          brother, Shpejtim Hashani, aged 17, and beat him for not surrendering a weapon
          on behalf of his brother.
          901. Bekim Gashi, aged 17, was reportedly beaten by police in abic, Klina,
          on 22 January 1994, allegedly because he refused to tell them the whereabouts
          of his father.
          902. Nuhi Krasniqi, aged 15, was reportedly arrested by police at the home
          of his brother in Mali evo on 27 January 1994, whereafter he was allegedly
          brought to an area near Ljubi de and beaten.
          903. Labinot Hoti, aged 10, was reportedly beaten and had a knife held to his
          throat by police during the search of the home of his father in Jo anica,
          Klina.
          904. Xhemila Ademaj was allegedly beaten by police on 2 February 1994 after
          they came to the family house in Petrovo village, timlje, in search of her
          brother.
          905. On 15 February 1994, police reportedly searched a home in the village of
          Beauk, Vuaitrn, and in the course of the search beat Dinorja Miftari, her
          daughter, Shehribanja and Isa Miftari, aged 67.
          906. On 9 February 1994 Tafil Brahimaj, director of a primary school in
          Kraljane village near Djakovica, was reportedly arrested by police. He was
          interrogated by SDB officers in Djakovica, and when he denied possessing a
        
          
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          gun, the officers allegedly forced him to sit on a heated stove, as a result
          of which he was burned. He was released and ordered to report back in 10
          days. He reportedly had to seek medical attention for his injuries.
          907. Behxet Jashari Bexheti, a primary school teacher in Obilic, was
          reportedly arrested on 27 February 1994 by three policeman in Strovce. He was
          taken to the police station in Vuaitrn where he was allegedly severely beaten,
          causing him to lose consciousness several times.
          908. Lavdim Dukaj and Vehbi Mulaj, schoolchildren, were reportedly stopped by
          police on their way to school near the village of Graboc on 11 March 1994.
          They were allegedly beaten after being questioned about where their classes
          were being held.
          909. Sami Kurteshi, a member of the Council for the Defence of Human Rights
          and Freedom, was reportedly beaten in the presence of colleagues on the
          Council's premises in Pri tina by police and beaten again at the police
          station. A medical certificate issued on 8 July reportedly records multiple
          bruising consistent with his allegation of beating.
          910. Adem Zeqiraj was reportedly arrested on 17 December 1992 during a
          search conducted by police at his father's house in Brovina village. He was
          allegedly beaten in custody in a police station in Ponoshevac. The beating
          was said to have caused serious kidney damage, resulting in his death at
          Pri tina hospital on 19 December.
          911. Ali Shala was reportedly stopped by three apparently intoxicated police
          officers in the streets of Kosovska Mitrovica on 18 March 1994. After telling
          the officers he did not recognize “the Serbian police State”, he was allegedly
          beaten, resulting in injuries to his left ear.
          912. Besnik Maloku, aged 12, was reportedly beaten by police on 22 March 1994
          in Pri tina, allegedly because he was unable or unwilling to reply to them in
          Serbian.
          913. Armed police and Serbian civilians, possibly plainclothes police,
          reportedly entered the Institute of Albanian Studies in Pri tina on
          8 March 1994 and beat up those inside, after ethnic Albanians working in the
          building had ignored orders that the Institute be closed and evacuated. The
          following persons were among those allegedly beaten and injured: Sadri Fetiu,
          the Director, receiving injuries to his head, face, nose, jaw and having three
          teeth broken; Ragip Mulaku, receiving injuries to his head, face, a rib, and a
          fractured left hand; Professor Anton cetta, receiving injuries to his head,
          left hand and spine; Mehmet Halimi, receiving injuries to his head, face, a
          leg and a rib; Hajdin Hajdini, receiving injuries to his face, head and both
          legs; Xheladin Shala, receiving injuries to his body and head. Abdyl Kadolli,
          Secretary of the Forum of Intellectuals of Kosovo, was among those outside of
          the building who were reportedly beaten. He was allegedly forced into a car
          by two persons in civilian dress, beaten and driven to a spot five kilometres
          outside of the town before being released in the late hours of the evening.
          914. About 40 persons were arrested and allegedly ill-treated
          on 31 January 1994, following a concert in tJro evac held to commemorate
        
          
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          Albanian nationalist leaders who had died. The organizers and the audience
          had among them former prisoners and human rights activists, including Chairmen
          or members of local LDK branches in Gnjilane, tJro evac, trpce, Kaaanik, and
          Kamenica. After these persons were arrested, they were allegedly beaten with
          fists and rubber truncheons by police and 5DB officers. Those arrested and
          beaten reportedly included: Bedri Abdyli; Nuhi Jthmeti; Lumnie Azemi;
          Nijazi Beqa; Sylej man Bytyçi; Abdullah Dérguti; Valboné Dermaku (female)
          Hyré Emini (female); Skénder Ferizi; Xhavit Gashi; Hamdi Haliti; Emin Hasani;
          Aziz Hoxha; Xhemil Ismani; Rexhep Ismani; Salih Jonuzi; Basri Krasniqi;
          Emin Krasniqi; Naser Kuka; Sami Kurteshi; Avdi Limani; Ali Luzha; Berat Luzha;
          Mevlyde Malaj (female); Habib Misini; Basri Musmurati; Xhelil Pajaziti;
          Zef Pali; Ilmi Reçica; Shemsi Salihu; Shqipe Salihu; Shqipe Sejdiu (female)
          Mujé Shabani; Habib Shehu; Enver Topalli; Qamil Xhemajli; and Hysen Zenuni.
          Medical certificates issued by doctors in Uro evac, Kaçanik, Gnjilane and
          Pri tina were said to have confirmed injuries, including bruising, suffered
          by 17 of those arrested consistent with their allegations of ill-treatment.
          One detainee, Avdi Limani, allegedly suffered a broken rib.
          Urgent appeals
          915. The Special Rapporteur made six urgent appeals on behalf of the persons
          mentioned in the following paragraphs. The dates on which the appeals were
          transmitted appear in brackets at the end of the corresponding summaries.
          916. Ismet Mahmuti and Faik Ajeti were among a group of Albanians from Kosovo
          province who were convicted on 27 February 1994 by the district court of
          Pri tina on charges of conspiring to undermine Yugoslavia's territorial
          integrity. It was reported that they were again under investigation and that
          they had been transferred from Pri tina to Kosovska Mitrovica prison where
          they were said to have been severely tortured (15 April 1994)
          917. Salih Salihu was convicted in February 1994 by the district court of
          Pri tina, together with 16 other ethnic Albanians, on charges of conspiring to
          obtain by force the secession of Kosovo province. At the opening of his trial
          in December 1993 he was reportedly too ill to walk by himself and had to be
          helped into the courtroom by two police officers. Subsequently, he told the
          court that following his arrest he had been repeatedly beaten all over his
          body with an electric truncheon. After the trial he was transferred to
          Belgrade central prison, where his health was said to have deteriorated
          further, allegedly as a result of ill-treatment in that prison. When his
          family visited him, he was brought to the visitors' room in a wheelchair.
          Relatives who have since spoken to him by telephone reportedly said that he
          complained of acute pains in his hip and back (19 May 1994)
          918. Nebih Zogaj, an ethnic Albanian from Kosovo and Chairman of the Belanica
          branch of the LDK, was arrested and beaten on 1 June 1994 by members of the
          police who searched his offices at the school where he was headmaster, before
          taking him to the Suva Reka police station. After a second beating on 9 June,
          he reportedly had to be hospitalized in Djakovica. He was discharged
          on 13 June and the same day was summoned to the same police station where he
          was again allegedly beaten and lost consciousness. Bajram Samadraxha, another
          primary school headmaster in Banja, near Mali evo, was also reportedly beaten
          in Suva Reka police station on 13 June and ordered to report again to the
        
          
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          police the following day. Other ethnic Albanians had reportedly been
          ill-treated by police at Suva Reka police station. These included
          Asllan Shala, who was beaten on 30 April; Bashkim Krasniqi, who was beaten
          on 24 May and suffered severe injuries and Qazim Sallauka, who was beaten
          on 9 June. Fears were expressed that such beatings would continue to occur
          (17 June and 1 July 1994).
          919. Ganimet Podvorica, an ethnic Albanian from Kosovo, was reportedly
          arrested on 17 September 1994 and was being held in Pri tina on charges
          connected with the shooting at a police patrol in the town of Glogovac
          on 22 May 1993 in which two Serbian police officers were killed
          (23 September 1994)
          920. The following former police officers and members of the Independent
          Trade Union of Former Police Officers, all ethnic Albanians, were reportedly
          arrested in Kosovo province: Ramadan Ndrecaj, Shaip Mustafa, and
          Murtez Jahaj, Ilmi Bujari from Suva Reka; Rexhep Oruçi and Salih Sokoli from
          Orahovac; Avdi Mehmedoviq, Haki Mehmeti, Ali Mehmeti, and Blerim Olloni from
          Pri tina; Sejfullah Sahatçiu, Shefqet Beqa, Remzi Tertica, Halil Kafexholli,
          Xhavit Osmani, and Muhamet Nimani from Djakovica; Adem Shala, from Pizren;
          Halil Blakaj and Reshat Maliqi, from Mali evo; Jonuz Loshi, Selim citaku,
          Ilmi Uka, Abdullah Doroci, and Shefqet Budakova from Kosovska Mitrovica;
          Fadil Hyseni, Bajram Jakaj and Isak Aliu from Uro evac; Idriz Jashari
          from Podujev; Enver Ramizi and Esat Merovci from Gnjilane; Idriz Sejdiu,
          from Srbica commune; Shefqet Berisha, from Kaaanik; Sherif Shala,
          Faik Jasiqi, Gani Hajdari, Vlasnim Shehu, and Shaban Shala from Pea commune.
          Ramadan Ndrecaj , former chief of police in Suva Reka, was arrested
          on 22 November and allegedly so severely ill-treated in Pizren police station
          that he was admitted to Prizren hospital for treatment. Fears were expressed
          that the other detainees would face torture or ill-treatment
          (28 November 1994)
          Observations
          921. In the absence of any reply from the Government and in the light of the
          consistency of the allegations received, the Special Rapporteur is disposed to
          consider the thrust of the allegations as reflecting an extensive practice of
          torture and similar ill-treatment, especially in Kosovo.
          III. CONCLUSIONS AND RECOMMENDATIONS
          922. Torture continues to be practised in a substantial number of Member
          States, despite its absolute prohibition under international law and its
          repeated condemnation by the General Assembly and the Commission on Human
          Rights. Since the establishment of the Special Rapporteur's mandate, the
          annual reports to the Commission have made various recommendations aimed at
          preventing the practice. Most of these merely reflect norms contained in
          instruments already adopted by the United Nations.
          923. The Special Rapporteur is convinced that, if States were to comply with
          these recommendations, the incidence of torture in the world would be
        
          
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          dramatically reduced. Accordingly, this chapter concludes with a statement,
          in summarized and condensed form, of the recommendations that have been made
          over the past decade.
          924. As the first decade of the mandate and the current portion of it made the
          responsibility of the present Special Rapporteur draw to a close, the Special
          Rapporteur would have welcomed the opportunity to recommend that there was no
          need for the Commission to continue the function. The contents of the report
          preclude him from making that recommendation. Lamentably, the need for the
          renewal of the mandate is all too evident and the Special Rapporteur therefore
          recommends its renewal.
          925. Like other special rapporteurs, representatives, experts and members of
          working groups of the Commission on Human Rights, the Special Rapporteur on
          the question of torture reminds the Commission that he has a full-time
          function outside the United Nations, in his case, as a university teacher.
          While he is grateful for the support of the University of Essex, which is
          understanding of the tendency of the demands of his role as Special Rapporteur
          to obtrude into his university function (as Professor and Dean of the School
          of Law), the work for the United Nations must remain additional to the
          full-time demands of academic life. This means that he is heavily dependent
          on the professional assistance that the Centre for Human Rights can provide.
          At present, this consists of between one half and two thirds of the time of
          one human rights officer. This is grossly inadequate and the inadequacy,
          while mitigated, is not compensated for by his having been able to secure the
          temporary additional assistance of an intern. The Special Rapporteur appeals
          to the Commission and the Secretariat to take urgent steps to redress this
          problem.
          926. The compilation of recommendations which may all be resolved into one
          global recommendation - an end to de facto or de lure impunity (see
          E/CN.4/1994/31, paras. 666-670) - follows:
          (a) Countries that are not party to the Convention against Torture and
          Other Cruel, Inhuman or Degrading Treatment or Punishment should sign and
          ratify or accede to that Convention. Torture should be designated and defined
          as a specific crime in national legislation. In countries where legislative
          provisions do not exist which give authorities jurisdiction to prosecute and
          punish torture, the enactment of such legislation should be made a priority.
          In this regard, provisions should also stipulate that evidence obtained
          through the use of torture, including confessions, should be excluded from
          judicial proceedings;
          (b) Interrogation should take place only at official centres and the
          maintenance of secret places of detention should be abolished under law. It
          should be a punishable offence for any official to hold a person in a secret
          and/or unofficial place of detention. Any evidence obtained from a detainee
          in an unofficial place of detention and not confirmed by the detainee during
          interrogation at official locations should not be admitted as evidence in
          court;
          (c) Regular inspection of places of detention, especially when carried
          out as part of a system of periodic visits, constitutes one of the most
        
          
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          effective preventive measures against torture. Inspections of all places of
          detention, including police lock-ups, pre-trial detention centres, security
          service premises, administrative detention areas and prisons, should be
          conducted by teams of independent experts. When inspection occurs, members of
          the inspection team should be afforded an opportunity to speak privately with
          detainees. The team should also report publicly on its findings. When
          official, rather then independent teams carry out inspections, such teams
          should be composed of members of the judiciary, law enforcement officials,
          defence lawyers and physicians, as well as independent experts. Where such
          inspection teams have yet to be established, International Committee of the
          Red Cross (ICRC) teams should be granted access to places of detention;
          (d) Torture is most frequently practised during incommunicado
          detention. Incommunicado detention should be made illegal and persons held
          incommunicado should be released without delay. Legal provisions should
          ensure that detainees be given access to legal counsel within 24 hours of
          detention. Security personnel who do not honour such provisions should be
          punished. In exceptional circumstances, under which it is contended that
          prompt contact with a detainee's lawyer might raise genuine security concerns,
          and where restriction of such contact is judicially approved, it should at
          least be possible to allow a meeting with an independent lawyer, such as one
          recommended by a bar association. In all circumstances, a relative of the
          detainee should be informed of the arrest and place of detention within
          18 hours. At the time of arrest, a person should undergo a medical
          inspection, and medical inspections should be repeated regularly and should be
          compulsory upon transfer to another place of detention. Each interrogation
          should be initiated with the identification of all persons present. All
          interrogation sessions should be recorded and the identity of all persons
          present should be included in the records. Evidence from non-recorded
          interrogations should be excluded from court proceedings. The practice of
          blindfolding and hooding often makes the prosecution of torture virtually
          impossible, as victims are rendered incapable of identifying their torturers.
          Thus, blindfolding or hooding should be forbidden;
          (e) Administrative detention often puts detainees beyond judicial
          control. Persons under administrative detention should be entitled to the
          same degree of protection as persons under criminal detention;
          (f) Provisions should give all detained persons the ability to
          challenge the lawfulness of detention, e.g. through habeas corpus or amparo .
          Such procedures should function expeditiously;
          (g) When a detainee or relative or lawyer lodges a torture complaint,
          an inquiry should always take place. A complaint that is determined to be
          well founded should result in compensation to the victim or relatives. In all
          cases of death occurring in custody or shortly after release, an inquiry
          should be held by judicial or other impartial authorities. A person found to
          be responsible for torture or severe maltreatment should be tried and, if
          found guilty, punished. Legal provisions granting exemption from criminal
          responsibility for torturers, such as amnesties, indemnity laws, etc., should
          be abrogated. If torture has occurred in an official place of detention, the
          official in charge of that place should be disciplined or punished. Military
          tribunals should not be used to try persons accused of torture. Independent
        
          
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          national authorities, such as a national commission or ombudsman with
          investigatory and/or prosecutorial powers, should be established to receive
          and to investigate complaints. Complaints about torture should be dealt with
          immediately and should be investigated by an independent authority with no
          relation to that which is investigating or prosecuting the case against the
          alleged victim;
          (h) Training courses and training manuals should be provided for police
          and security personnel and assistance when requested should be provided by the
          United Nations programme of advisory services and technical assistance.
          Security and law enforcement personnel should be instructed on the Code of
          Conduct for Law Enforcement Officials, the Standard Minimum Rules for the
          Treatment of Prisoners, and the Body of Principles for the Protection of All
          Persons under Any Form of Detention or Imprisonment, and these instruments
          should be translated into the relevant national languages. In the course of
          training, particular stress should be placed upon the principle that the
          prohibition of torture is absolute and non-derogable and that there exists a
          duty to disobey orders from a superior to commit torture. Governments should
          scrupulously translate into national guarantees the international standards
          they have approved and should familiarize law enforcement personnel with the
          rules they are expected to apply;
          (i) Health sector personnel should be instructed on the Principles of
          Medical Ethics for protection of detainees and prisoners. Governments and
          professional medical associations should take strict measures against medical
          personnel that play a role, direct or indirect, in torture. Such prohibition
          should extend to such practices as examining a detainee to determine his
          “fitness for interrogation”, procedures involving ill-treatment or torture, as
          well as providing medical treatment to ill-treated detainees so as to enable
          them to withstand further abuse;
          (j) National legislation and practice should reflect the principle
          enunciated in article 3 of the Torture Convention, namely the prohibition on
          the return, expulsion or extradition of a person to another State “where there
          are substantial grounds for believing that he would be in danger of being
          subjected to torture”.