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Integration of the human rights of women and the gender perspective: Violence against women

E/CN.4/2001/73/Add.1

          
          UNITED
          NATIONS
          Economic and Social Distr.
          Council
          GENERAL
          E/CN.4/200 1/73/Add. 1
          13 February 2001
          Original: ENGLISH
          COMMISSION ON HUMAN RIGHTS
          Fifty-seventh session
          Item 12 (a) of the provisional agenda
          INTEGRATION OF THE HUMAN RIGHTS OF WOMEN AND THE GENDER
          PERSPECTIVE: VIOLENCE AGAINST WOMEN
          Report of the Special Rapporteur on violence against women, its causes
          and consequences, Ms. Radhika Coomaraswamy, in accordance with
          Commission on Human Rights resolution 2000/45
          Addendum
          *
          Communications to and from Governments
          * The executive summary of this report and the confidential information form (see appendix) are
          being circulated in all official languages. The report itself is contained in the annex to the
          executive summary and is being circulated in the language of submission only.
          E
          GE.01-11089 (E)
        
          
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          Executive sununary
          At its fifty-fifth session, the Commission on Human Rights, in its resolution 2000/45,
          requested all Governments to cooperate with and assist the Special Rapporteur in the
          performance of the tasks and duties mandated, to supply all information requested and to respond
          to the Special Rapporteur's visits and communications. The Commission, furthermore,
          welcomed the efforts by the Special Rapporteur to seek information from Governments
          concerning specific cases of alleged violence, in order to identify and investigate situations of
          violence against women, its causes and consequences, in particular, where appropriate, by
          sending joint urgent action appeals and communications with other special rapporteurs.
          The Special Rapporteur has produced a standard reporting form which may be used to
          document alleged instances of violence against women (see appendix). In this connection, it
          should be emphasized that, in accordance with her mandate, the Special Rapporteur is in a
          position only to process cases of alleged violence against women that are gender specific, that is
          violence or threats of violence directed against women because of their gender. The definition of
          gender-based violence used by the Special Rapporteur is taken from the United Nations
          Declaration on the Elimination of Violence against Women, adopted by the General Assembly in
          its resolution 48/104 on December 1993.
          The Special Rapporteur wishes to inform the Commission that during the period under
          review, she transmitted communications to the Governments of Algeria, Bahrain, Bangladesh,
          Canada, China, Indonesia, the Islamic Republic of Iran, Israel, Qatar, Nigeria, the
          Russian Federation, Sri Lanka, the United Arab Emirates and the United States of America. hi
          addition, the Governments of Algeria, Bangladesh, Canada, Sri Lanka, the Russian Federation,
          the United Arab Emirates and the United States of America provided the Special Rapporteur
          with replies on cases submitted during the year under review, whereas Canada, Cuba, India and
          Mexico did so with respect to cases submitted in previous years.
          This report contains, on a country-by-country basis, summaries of the general allegations,
          and individual as well as urgent appeals transmitted to Governments and their replies thereto.
          Observations by the Special Rapporteur have also been included where applicable.
        
          
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          Annex
          INFORMATION REVIEWED BY THE SPECIAL RAPPORTEUR ON VIOLENCE
          AGAINST WOMEN, ITS CAUSES AND CONSEQUENCES, WITH
          RESPECT TO VARIOUS COUNTRIES
          CONTENTS
          Paragraphs Page
          INFORMATION REVIEWED BY THE SPECIAL RAPPORTEUR
          WITH RESPECT TO VARIOUS COUNTRIES 1 -61 4
          Algeria 1-2 4
          Bahrain 3-5 4
          Bangladesh 6- 10 4
          Canada 11-14 6
          China 15-21 6
          Cuba 22 17
          India 23-34 18
          Indonesia 35 20
          Iran (Islamic Republic of) 36 20
          Israel 37-38 21
          Mexico 39-40 21
          Nigeria 41 - 42 22
          Qatar 43 - 44 22
          Russian Federation 45 - 50 23
          Sri Lanka 51-57 24
          United Arab Emirates 58 26
          United States of America 59 - 61 26
          Appendix: Violence against women information form 28
        
          
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          INFORMATION REVIEWED BY THE SPECIAL RAPPORTEUR
          WITH RESPECT TO VARIOUS COUNTRIES
          Algeria
          1. On 25 January 2000, the Special Rapporteur sent an urgent appeal together with the
          Special Rapporteur on the question of torture and the Special Rapporteur on the independence of
          judges and lawyers on behalf of Ms. Nabira Mesbah, a lawyer who had defended torture
          victims before the Special Court of Algiers with jurisdiction for hearing cases of terrorism
          between 1992 and 1995. She was reportedly convicted of fraud and arrested on
          19 December 1999, and detained in Blida prison. Although she was reportedly eight months'
          pregnant and suffering from diabetes, Ms. Mesbah was not receiving the necessary medical care
          and her request to be transferred to a hospital had been denied.
          2. By letter dated 8 February 2000, the Government of Algeria stated that
          Ms. Nabira Mesbah had been arrested in flagrante delicto and had admitted to being involved in
          judicial corruption. On 25 January 2000, she was sentenced in a public hearing to 18 months'
          imprisonment. A group of lawyers had acted as her defence. With regard to her health,
          Ms. Mesbah was presently under medical supervision at the civil hospital of Blida. The
          Government stipulated that the proceedings of which she had been the subject had nothing to do
          with her work as a lawyer. By letter dated 18 February, the Government informed the Special
          Rapporteur that she had been granted temporary release on 9 February 2000.
          Bahrain
          3. On 21 December 2000 the Special Rapporteur sent ajoint urgent appeal with the Special
          Rapporteur on extrajudicial, summary or arbitrary executions and the Special Rapporteur on the
          human rights of migrants to the Government regarding Yeshiworq Desta Zewdu (aged 20), a
          documented Ethiopian migrant worker in Bahrain. According to information received she was
          sentenced to death by a Babraini court on 28 November 2000 for the murder of her employer,
          Sadia Baltar.
          4. She is said to have suffered both physical and psychological abuse during her
          employment, and furthermore, she had not been paid for the last two years. It is reported that she
          faced trial without any legal assistance, and that the abuse which she suffered and the effect of
          the abuse on her state of mind and her actions were not taken into consideration when convicting
          and sentencing her for murder. The Special Rapporteurs appealed to the Government for
          Ms. Yeshiworq Desta Zewdu's sentence to be commuted if upheld on appeal.
          Observations
          5. The Special Rapporteur recognizes that there has been insufficient time for the
          Government to respond to her letter of 21 December 2000.
        
          
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          Bangladesh
          6. By letter dated 10 October 2000 sent in conjunction with the Special Rapporteur on
          torture, the Special Rapporteur advised the Government that she had received information
          concerning an alleged increase in the number of women who have been subjected to the practice
          of burning with acid following, for example, family disputes, rejection of marriage or sexual
          advances. It is reported that in a number of cases there has been no investigation nor attempt to
          bring the perpetrators to justice. The following cases were brought to the attention of the
          Government.
          7. On 20 July 2000 Bhancha Sana was reportedly attacked with acid outside her house in
          the village of Ghughumari, in the district of Satkira. It is alleged that her chest was severely
          burnt in the incident and other parts of her body were also burnt. Fatima Begum is reported to
          have been attacked with acid in her home town in the district of Sadar Kisoregonji at the Nagua
          bus stand. Her head, face, hands and throat have been permanently scarred. Shah Alam was
          allegedly attacked with acid in her village, Birponiu, in the district of Bogra, on 22 July 2000.
          She was seriously and permanently injured on her face, chest and waist. She suffered minor
          injuries on her hands and throat.
          8. By letter dated 19 December 2000, the Government replied that the allegations regarding
          specific incidents of acid attacks had been investigated. The Government stated that it is fully
          committed to addressing the crime of acid attacks firmly and judicially. Recent legislation
          measures, including the Women and Children Repression Act 2000, and the Public Safety
          Act 2000, have been promulgated in addressing crimes and offences in the country, particularly
          as these relate to women and children. Punishment for acid attacks has reportedly been made
          stiffer. Preventive measures, including awareness raising, training of specialized groups and
          rehabilitation programmes, have been introduced. A special squad of the Criminal Investigation
          Department (CID) has been specifically mandated to investigate acid attacks. In regard to the
          individual cases, the Government indicated that the first reported incident involved a
          long-standing family feud between two neighbours, Mr. Kartik Chandra Sana and Mr. Sanjoy
          Kumar Das, in Ghugumari village of Satkhira district. On 18 July 2000 Sanjoy Kumar Das was
          reportedly attacked with acid by Kartik Chandra Sana and his wife, Bonita Rani Sana. A case
          was lodged with the local police station the same day and both the accused were arrested. The
          case is now under investigation. The Government reported that no report concerning the victim
          Bhancha Sana had been found. They suggested that the name of Bonita Rani Sana, one of the
          perpetrators in the Sanjoy Kumar Das case, might have been mistakenly reported as that of a
          victim, Bhancha Sana.
          9. The Government indicated that on 1 August 2000, Mr. Tizamuddin lodged a case with
          Kishorgonj police station under the Women and Children Repression Prevention Act. The
          accused persons had been arrested and subsequently released on bail. The case is now under
          further investigation. Fatima Begum is undergoing treatment in a hospital in Dhaka.
          10. The Government reported that on 31 July 2000, Shah Alam of Nandigram, Bogra, was
          reportedly attacked with acid by unknown persons. Further inquiry into the allegation revealed
          that it was not acid but some other substance, and that Shah Alam did not sustain any serious
        
          
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          injury. No case has been lodged with the police either by the victim or the victim's family.
          However, four persons were arrested by the police as suspects. In the absence of substantive
          proof, they were later released. The victim, Shah Alam, is reportedly presently in good health.
          Canada
          11. On 9 August 2000 ajoint urgent appeal with the Special Rapporteur on extrajudicial,
          summary or arbitrary executions and the Special Rapporteur on the human rights of migrants
          was sent in regard to Anam Iqra, a Pakistani citizen who had sought refugee status in Canada.
          According to information received, her mother was murdered by her father for not conforming to
          the traditional practices of her family. After her mother's murder, Ms. Iqra was allegedly
          confined and tortured by her brother. It is reported that her family threatened to kill her in case
          of any protest. Ms. Iqra ran away from home and was hiding in different places, pursued by her
          brother and male members of her family who threatened to kill her. She was helped to escape to
          the United States from where she went to Canada.
          12. According to information received, Ms. Iqra was at risk of being deported from Canada
          to Pakistan. The Special Rapporteurs expressed their concern about her fate in Pakistan should
          she be deported. Perpetrators of “honour killings” in Pakistan have so far not been punished for
          murder, giving them virtual impunity. The Special Rapporteurs appealed to the Government to
          refrain from deporting Anam Iqra to Pakistan.
          13. By letter dated 28 November 2000 the Government responded regarding the case of
          Anam Iqra. According to information received from the Department of Citizenship and
          Immigration, Ms. Iqra had entered Canada from the United States on 12 July and was determined
          eligible to be considered as a refugee on 25 July. On 7 September 2000, she obtained an
          employment authorization, so that she could work while the refugee determination process
          continued (it currently takes eight months for a refugee hearing to take place and a decision to be
          made). It was reported that no decision had been made to deport Ms. Iqra and that her claim to
          be a refugee had not yet been decided. The Government stated that it would update the Special
          Rapporteurs on the outcome of the case as soon as possible.
          Follow-up to previously transmitted communications
          14. By letter dated 18 April 2000 the Government responded to the Special Rapporteur's
          communication dated 6 August 1999 concerning the case of Jonathee Wannasri (see
          E/CN.4/2000/68/Add. 1, para. 31). The Government indicated that by decision dated
          10 August 1999 the Convention Refugee Determination Division (CRDD) determined that
          Ms. Wannasri was not a Convention refugee. Ms. Wannasri was apprised of her right to apply
          for judicial review of the decision with leave of ajudge of the Federal Court. She did not
          exercise this right. Ms. Wannasri was removed from Canada on 2 September 1999.
          China
          15. By letter dated 19 January 2001 the Special Rapporteur communicated her grave
          concerns in regard to information received concerning the alleged use of violence against women
          in China and in particular the ill-treatment of female Falun Gong practitioners. According to
        
          
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          information received the Chinese authorities have been conducting a major crackdown on the
          Falun Gong, Falun Dafa and other Qi Gong groups. The vast majority of Falun Gong
          practitioners are women. A ban was imposed on the Falun Gong on 22 July 1999 as
          “constituting a threat to social and political stability”. Practitioners are said to be put under
          pressure to renounce their beliefs. Thousands are said to have been detained by police; many of
          them are said to have been sent to labour camps for “re-education” through labour, or detained in
          psychiatric hospitals and administered drugs against their will. Many of them are said to have
          suffered torture or ill-treatment. The methods of torture used against women practitioners have
          included: stripping them naked; severe beatings with fists or a variety of instruments, such as
          wooden batons, on shinbones, thighs, shoulders and other parts of the body; kicking; the use of
          electric shock batons, inter alia to the genitals, armpits, soles of the feet and the mouth; the use of
          handcuffs, shackles or ropes to tie prisoners in ways which cause intense pain; suspension by the
          arms or feet, often combined with exposure to extreme cold or heat; the use of cigarette lighters
          to burn their bodies; the insertion of sticks or needles under the nails or having fingernails pulled
          out by pliers; the insertion of pepper, chilli powder or other substances into the mouth, nose or
          genital organs; the use of injections which cause victims to become mentally unbalanced or to
          lose the ability to speak coherently. It is further alleged that many women practitioners have
          died following torture or medical neglect in detention. It is also reported that many women
          practitioners have died by falling out of windows whilst trying to escape.
          16. In that connection, the Special Rapporteur has received information on the individual
          cases summarized below:
          (a) In October 2000 prison guards in the Masanjia prison in Shenyang, Liaoning
          province, allegedly stripped 18 female Falun Dafa practitioners and put them into cells
          containing male convicted criminals. It is reported that Luo Gan, a high-ranking Communist
          Party official, was aware of the incident. The 18 women are said to remain in prison;
          (b) It is reported that since October 1999, more than 1,500 Fallen Dave practitioners
          have been detained in the Masanjia labour education camp in Liaoning province. Practitioners
          are reportedly forced to denounce Falun Dafa. People who refuse to do so are allegedly
          subjected to physical abuse, shocked with electric batons, detained in solitary confinement and
          assigned intensive labour. The electric batons are used to shock the breasts and genitals of the
          female practitioners. The camp officials also allegedly force practitioners to drink dirty water
          from an abandoned well; practitioners reportedly all showed symptoms of poisoning after they
          drank the water;
          (c) According to information received more than 50 female Falun Dafa practitioners
          were detained in Qiaozhuang detention centre, Tongzhou district, a suburb of Beijing, in
          July 2000. It is reported that after police had failed to force the practitioners to renounce their
          beliefs, using tortures and insults, most of practitioners were sent to labour camps and some were
          sent to psychiatric hospitals. In particular, the Special Rapporteur has received information
          concerning the following individual cases:
          (i) Huang Xiuling, aged 59, from Fuma village, Majuqiao town, Tongzhou
          district, Beijing, was reportedly sent to Qiaozhuang detention centre in the
          afternoon of 30 June 2000, and was detained in cell 9. She refused to
        
          
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          recite the prison regulations and continued to practice the exercises. She
          was allegedly beaten, handcuffed and shackled. Her jailers reportedly
          used electric shock batons on her body and stomped on her feet. They
          held her breasts and pinched the tips of her nipples, and kicked her
          genitals. Huang went on a hunger strike to protest. According to
          information received, on the afternoon of 2 July 2000, she was sent to
          cell 7. The police allegedly force-fed her through her nose with a tube.
          Police wanted her to pay 10 yuan for the single-use of the disposable tube.
          As she didn't have any money, the police left the tube in her body so that
          they could use it again. In the evening, the pain became unbearable and
          she pulled the tube out. The next day, when she was force-fed again, the
          police handcuffed her from behind. After the force-feeding, the police
          allegedly left the tube in her body, one end in her stomach and the other
          end in her nose and pasted on her face so that she could not pull it out.
          That evening, Huang Xiuling reportedly developed a high fever. She was
          given medicine, but her fever didn't drop and she started vomiting. It is
          alleged that when the police realized that Huang Xiuling's life was in
          danger, they hastily sentenced her to one year of forced labour. Later that
          evening, they sent Huang Xiuling home and asked the village committee
          to watch her. After she returned home she recovered. On 13 July 2000,
          the police took Huang Xiuling away again and sent her to the fourth team
          of Beijing Tiantanghe female labour camp for forced labour. It is reported
          that Huang Xiuling went on hunger strike. She was allegedly tortured by
          the guards, injuring her neck;
          (ii ) Li i i Xuebin, aged 54, from Chengguan town, Tongzhou district of
          Beijing, was reportedly arrested on 4 September 1999 while she practised
          Falun Gong exercises at the Tongzhou Club. She was detained for three
          months without any legal procedure. Liu Xuebin reportedly experienced
          several kinds of torture in the detention centre. The guards stripped off all
          her clothes and used a wet towel with salt on it to thrash her, continuing to
          add salt to the wet towel as they beat her. The towel left rows of small
          bleeding sores all over her body. The salt stuck to the sores and made
          them very painful. On the second day, bloody pus oozed out of her
          wounds and her clothes stuck to her body. As Liu Xuebin refused to
          answer questions during a police interrogation, she was labelled mentally
          ill, upon which she was sent to a mental hospital. Liu Xuebin was kept
          with the most seriously ill patients. She was forced to take pills and
          receive injections. She was released after three months. On
          25 April 2000, Liu Xuebin appealed for the right to practise Falun Gong
          again. As a result, she was sent back to the mental hospital. Her family
          and friends do not know anything about her current situation;
          (iii) Li Yaping, aged 26,was reportedly detained in Qiaozhuang detention
          centre, because she would not denounce Falun Dafa. Her hands were
          handcuffed behind her back and her feet were shackled. Jailers allegedly
          stuck an electric shock baton in her mouth until it bled. She was subjected
        
          
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          to different kinds of torture. Later she was sent to the fourth team of
          Beijing Tiantanghe female labour camp, reportedly without a trial.
          (iv) Hu Shufang, aged 38, from Tongzhou district of Beijing, appealed to the
          Government on behalf of Falun Gong on 25 June 2000. She was detained
          in the west room in Qiaozhuang detention centre. She was allegedly
          beaten almost every day and shocked with electric batons, which left
          wounds all over her body. She was handcuffed and shackled. One month
          later Hu Shufang was sent to a labour camp without a trial;
          (v) The police reportedly also took Hu Shuwen, sister of Hu Shufang, away
          from her home. She is currently detained in Tuanhe labour camp, Daxing
          county, Beijing;
          (vi) On 6 October 2000, Falun Gong practitioner Yan Juying from Yanjiao,
          Sanhe city, Hebei province, went to Tiananmen Square to appeal on behalf
          of Falun Gong. She was arrested and sent back to Yanjiao police station.
          It is reported that before she got out of the car, the police captain,
          Yang Xizhong, started to kick her, beat her, pull her hair, slap her face and
          kick her private parts. Then he lifted her up and violently threw her to the
          ground. He allegedly beat her on the buttocks several hundred times with
          a wooden rod, whipped her numerous times, subjected her to electric
          shocks all over her body, used a slipper to slap her face, put an electric
          baton in her mouth, spat on her face and stomped on her heels. He
          allegedly threatened to splash her body with boiling water. When
          Yan Juying refused an order to take off her clothes, Yang Xizhong
          allegedly threatened to find some workers to rape her. He then sexually
          molested her. After some time Yang Xizhong recorded the interrogation
          and beat Yan Juying again. That night, Yan Juying was sent to the town
          government hall to attend the “transformation class”;
          (vii) Tang Xi Tao, aged 64, from Guangzhou, Canton, was arrested on
          6 July 2000 and was transferred to the Cha Tou detention centre for
          women (also called Xiao Dao) in Canton, province of Gangdong. Tang Xi
          Tao was sentenced to two years' re-education through labour. It is
          reported that she has been subjected to torture and ill-treatment. She is
          allegedly placed in solitary confinement for days at a time, verbally
          threatened, her hands have been bound to prevent her from practising
          Falun Gong exercises, she is not allowed access to medical treatment for
          her illness and is subjected to forced labour as part of the re-education
          programme. Furthermore, as a result of the judgement her pension has
          reportedly been stopped and her apartment and personal belongings
          confiscated;
          (viii) Xie Guiying, aged 32, from Hum, Anhui province. According to
          information received, at 20.00 hours on 17 October 2000 Xie Guiying's
          home was ransacked by police from Chaoyang district police station,
        
          
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          Huainan, who allegedly beat her up before taking her to the police station.
          In the early morning of the next day, she was sent to the People's Hospital
          of Huainan because of serious injuries. She died at approximately
          10.00 hours on the morning of 18 October 2000. At 16.00 hours the same
          day the police sent her body to the Datong Funeral Home. According to
          reports, in an apparent effort to cover up the details of the case, it was later
          reported by the Chaoyang district police station that she had committed
          suicide by jumping off a building;
          (ix) Wang Yonju,, aged 64, from Dalian, Liaoning province. On 22 July 2000
          Wang Youju was reportedly taken away from her home by police from the
          Gongji police station of Dalin and was sent to Wafangdian detention
          centre in Dalian. She was allegedly forced to work long hours every day
          and was frequently denied food and sleep if she could not finish her quota.
          On 31 July 2000 Wang Youju and a few other Falun Gong practitioners
          were released. She was very weak and required assistance to walk, her
          chest hurt and she could not even stand. She was given emergency
          treatment in the office of the detention centre, but reportedly died that
          night;
          (x) Hao Yafen from Sanhe, Hebei province. Liu Yalu and Qi Xiaoquan from
          Yanjiao police department allegedly beat and kicked Hao Yafen who had
          gone to Beijing to appeal peacefully for the right to practise Falun Dafa.
          She grew dizzy from the beating and lost her vision. After she fainted,
          they reportedly used an electric baton to shock her. She was hit with a
          shoe and kicked in the knees. On 13 July 2000 she was fired from the
          Communist Party committee of Sanhe power plant. She was also asked to
          pay a fine of 5,000 yuan renminbi by the police. In order for her to be
          allowed to return home her family gave Zan Qingcai, head of Yanjiao
          Police Department, 2,000 yuan renminbi. It is reported that Liu Yalu also
          extorted 1,000 yuan renminbi from them. He said it was to pay Beijing
          officials. Hao Yafen's work unit deducted her wages and bonus;
          (xi) Xu Wenjun was reportedly arrested in November 1999. She was
          detained at three different locations. At the First Detention Centre of
          Nanchang, she started a hunger strike to protect her Falun Gong books.
          She was reportedly beaten by the guards and her hands and feet were
          shackled together. As a result she could not take care of herself, nor could
          she walk or sleep. Later, Xu Wenjun was transferred to the Second
          Detention Centre where she started a second hunger strike because her
          detention period was eight months longer than that stipulated by law. Her
          family finally bailed her out after 10 days. Xu Wenjum was arrested again
          less than one month later. She was reportedly sentenced to three years'
          imprisonment on 1 September 2000;
          (xii) Huang Liqiong was reportedly arrested after going to Beijing to appeal
          for Falung Gong on 25 October 1999. She was detained in the Third
        
          
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          Detention Centre of Nanchang, Jiangxi, for 24 days. According to reports
          she has been detained three times in one year. Finally she was sentenced
          to three years of forced labour;
          (xiii) Chen Ying, aged 18, from Jiamusi, Heilongjiang province, went to
          Beijing to appeal to the central Government at the beginning of August
          and was arrested. According to information received, during the journey
          back to Heilongjiang, the police allegedly threatened and tortured her.
          She was reported to have jumped off the train and killed. The family were
          informed on 25 October 1999
          (xiv) On 27 September 1999 Zhao Jinhua, aged 42, from Zhaoyuan city in
          Shandong province, was reportedly arrested by the Zhangxing county
          police, together with four other Falun Gong practitioners, Wang Fenglan
          from Yujia village in Shiduitou, Ma Ynfeng from Xiaojiajia and Zhan
          Keyun and Wang Haohong from Heya village. All five were detained in
          the same room of the local police station. They were reportedly tortured
          by the policemen for refusing to denounce Falun Gong. They were
          deprived of sleep. On the night of 1 October 1999, policemen reportedly
          came in and began to beat the prisoners with fists and with rubber clubs.
          They allegedly struck Wang Fenglan with the club, wrapped her up with a
          telephone cord from an old-style rotary telephone and sent current through
          the line until she lost consciousness. They allegedly hit Zhao Jinhua with
          a rubber club, then dragged her to the office and shocked her with the
          telephone. As she was being tortured, they repeatedly asked her if she
          would stop practising Falun Gong. Zhao Jinhua fainted and she was taken
          to a local hospital for emergency treatment, after which she was taken
          back to the police station. It is reported that Zhao Jinhua felt pressure in
          her chest and the right side of her body felt numb. She felt a great deal of
          pain all over her body. There was blood in her urine, pain in both of her
          legs, and she was unable to eat. Her body was black and blue from the
          waist down. The police reportedly did not take any further action to help
          her. At 16.00 hours on 7 October 1999, Zhao Jinhua fainted again. The
          police took her to the emergency room at the local hospital; but she
          stopped breathing while medical personnel were doing an
          electrocardiogram. According to information received, the autopsy report
          showed that there were multiple wounds on her body and subcutaneous
          bleeding. The report concluded that she had died from being beaten with
          a blunt object. According to information received, the perpetrators were
          not punished. Instead, the authorities reportedly investigated those
          practitioners who had disclosed the death of Ms. Zhao to the public. On
          20 November 1999, practitioners Li Nanying and Chen Shihuan were
          sentenced to three years of forced labour education allegedly for revealing
          the truth of Ms. Zhao's death to the public;
          (xv) Dong Buyun, aged 36, from Lanshan district, Linyi city, Shandong
          province. Dong Buyun went to Beijing to appeal on 20 July 1999. She
        
          
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          was reportedly arrested in Beijing and escorted back by the police of
          Lanshan district on 20 September 1999. She was placed in the custody of
          the school where she worked, and detained in an office on the second
          floor. She was told to denounce Falun Gong but she refused. On the
          second day, her family was informed that she had jumped out of the
          window and had been killed. Her body was cremated before noon;
          (xvi) Chen Zixin, aged 59, from Beiguan Xujia Xiaozhuang, Weicheng district,
          Weifang city, Shandong province. She was picked up at Weifang railway
          station on the way to Beijing to make an appeal to the authorities. She
          was taken to Chenguan subdistrict office in Weicheng city and detained
          there for “re-education”. Chen Zixiu allegedly died in custody at
          Chenguan subdistrict office and her body was transferred to the municipal
          hospital at 9.00 hours on 21 February 2000. At 19.30 hours, the public
          security summoned her family to Jinhai Hotel in Weifang city and
          confined them there. The family was allowed to see the body on
          22 February. According to reports Chen Zixiu's mouth was stained with
          blood, her teeth were battered and broken, her abdomen distended. Her
          lower body bore massive bruises, and her legs were also swollen;
          (xvii) The mother of Fu Xiaojuan, aged 56, from Gaoan, Jiangxi province,
          went to Beijing on a tourist trip on 14 September, 1999 and was arrested at
          her hotel in Xida (or Xidan) Street. She was detained in the Liaison
          Office of Yichun, Jiangxi province, in Beijing. It is reported that in order
          to avoid prosecution she tried to escape through the window at 3.00 hours
          on 16 September 1999, fell and was killed;
          (xviii) Yu Xiangme, aged 35, from Changshou county of Chongqing, Sichuan
          province, went to Beijing to appeal, was arrested in early November 1999
          and detained at the Chongqing Liaison Office in Beijing. She tried to
          escape through the window, fell and was killed;
          (xix) Li Guihua, aged 47, from Jiangbei, Jiangbei district of Chongqing,
          Sichuan province. She went to Beijing to appeal and was arrested in late
          October 1999. She reportedly died while in detention in Chongqing
          Liaison Office in Beijing. The police department informed her husband
          and he went to Beijing to identify her and then her body was cremated. It
          is reported that the police threatened her husband not to reveal any
          information about her death;
          (xx) Gong Baohua, aged 35, from Liudian village, Pinggu county, Beijing,
          went to Beijing on 17 June 2000 to appeal for Falun Gong and was
          reportedly intercepted by police at Dongzhimen bus station, along with
          seven other Falun Gong practitioners. After they were taken back to the
          local police station, six of them were allegedly brutally beaten by police.
          Among them, Ms. Gong suffered the most. Medical examination in
          Yukou clinic afterwards showed that the bridge of her nose was broken.
        
          
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          The police sent Ms. Gong and other practitioners to the county detention
          centre. To defend their rights, Ms. Gong and other practitioners went on a
          hunger strike. On 25 June 2000 at around 20.00 hours the guards
          allegedly force-fed Gong through her nose, despite the fact that it was
          broken. According to reports, after returning to the cell, her face was pale,
          her chest felt numb and she suspected that the guards might have inserted
          the feeding tube incorrectly during the force-feeding. About 10 minutes
          later, she lost consciousness. Her inmates are said to have called the
          guards, but nobody answered. After some time Gong regained
          consciousness. Guards finally came and took Gong for emergency
          treatment. She was sent back to detention on the morning of 26 June 2000,
          where her condition continued to deteriorate. On the morning of
          27 June 2000, other inmates urged the guards to take Ms. Gong for
          another medical examination. At around 10.00 hours, the detention centre
          clinicians agreed to send her to the hospital. At around 21.00 hours that
          evening, Gong Baohua was pronounced dead in the hospital;
          (xxi) Zhang Yuzhen, aged 46, of Hegang city, Heilongjiang province. At the
          beginning of February, the local police reportedly detained Ms. Zhang in
          Lulinshan detention centre in Hegang city, in order to prevent her from
          going to Beijing to appeal for Falun Gong. In April, she was transferred
          to the first detention centre of Hegang city. Ms. Zheng went on hunger
          strike for five days and she was beaten many times while in custody. She
          was released at the beginning of May, allegedly because she was very ill
          because of the long-term mistreatment in the detention centres. She
          reportedly had to stay in bed after she was released, and died on
          20 June 2000
          (xxii) Sun Shuqin, aged 58, from Hegang city, Heilongjiang province. In
          January 2000, Ms. Sun and another practitioner went to the Beijing Public
          Security Ministry to appeal for Falun Gong. On 24 January 2000, she was
          reportedly sent to the Hegang detention centre. On 14 February, she was
          transferred to the Yingbei county jail. She went on a hunger strike for
          four days in April. She reportedly died in custody in the Yingbei county
          jail on 27 April 2000;
          (xxiii) An Xiukun, aged 49, from Hengshui city. An Xiukun was reportedly
          removed from her post and was fined 2,800 yuan renminbi for practising
          Falun Gong. According to information received, An Xiukun went to the
          Beijing Public Security Ministry to appeal on 21 May 2000. She was
          escorted back and detained in the Education Committee Guest House. On
          24 May, An Xiukun was given 15 days of administrative detention.
          An Xiukun refused to sign the paperwork for her detention, and declared
          that she would reserve her right to appeal. She was sent to the Lubei
          Administrative Detention Centre. On 25 May, the second day of her
          detention, An Xiukun was cuffed with a special type of handcuff
          nicknamed “bull's nose”, for refusing to copy the rules of the detention
        
          
          E/CN.4/200 1/73/Add. 1
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          centre. An Xiukun started a hunger strike. On 6 June, An Xiukun lost
          consciousness. At 22.00 hours, An Xiukun was sent to the county hospital
          where she died at 7.30 hours on 11 June 2000,
          (xxiv) Mi i i Qun, from Qu county, Dazhou city, Sichuan province. Miu Qun
          went to Beijing to appeal for Falun Gong in January 2000. She was
          reportedly taken back by local police and detained in the local detention
          centre. While in custody, she went on a hunger strike to defend her right
          to practise Falun Gong. The police force-fed her through the nose via a
          plastic tube. During the process of force-feeding, the police allegedly
          inserted the tube into her lung by mistake. She died shortly afterwards in
          custody;
          (xxv) Yin Shuyun, aged 46, from Changchun city, Jilin province. During the
          annual session of National People's Congress, Ms. Yin went to Beijing to
          petition the Government to stop persecution of Falun Gong. She
          reportedly died in detention at the Heizuizi labour camp due to
          ill-treatment;
          (xxvi) Yao Baorong, aged 52, from Aiming district, Lanzhou city, Gansu
          province. Ms. Yao was arrested on 17 May 2000 at home. It is reported
          that she died in custody in the afternoon of 19 May 2000. The cause of
          her death was unclear. It was said that she died after falling from the fifth
          floor of the local police station. It is reported that the police cremated her
          body secretly at 2.50 hours on 23 May 2000. To block the news, the
          police allegedly arrested 20 practitioners;
          (xxvii) Mei Yulan, aged 44, from Chaoyang district, Beijing. On 13 May 2000,
          Ms. M ci was arrested while practising Falun Gong exercises outside her
          house. She went on a hunger strike to defend her rights. On
          17 May 2000, three days into her hunger strike, she was allegedly
          force-fed by another inmate who had no medical skills. After she got back
          to her cell, she said she had a headache and she started to vomit blood.
          The guard, whose surname was Sun, allegedly refused to send her for
          emergency treatment. She died in custody on 23 May 2000. Five
          practitioners who knew the circumstances of her death were reportedly
          sent to the detention centre on 26 May;
          (xxviii) Wang Xiuying, aged 45, from Harbin city, Heilongjiang province. On
          13 May 2000, Ms. Wang was arrested as she was practising Falun Gong
          exercises in Tiananmen Square. She was reportedly detained in the
          Jiaomen detention centre of Chongwen district. According to information
          received, after three days of hunger strike, four men pushed her to the
          ground and force-fed her through the nose. She was force-fed with
          high-density salt water five times within nine days. On 22 May 2000, she
          lost consciousness and died in custody at 19.00 hours that day;
        
          
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          (xxix) Sun Xiuqing, in her SOs, from Hegang city, Heilongjiang province.
          Ms. Sun was reportedly detained in the Luobei detention centre before the
          Chinese New Year (4 February 2000). She died suddenly at the end of
          April 2000 in custody. The police allegedly cremated her body
          immediately without informing her family;
          (xxx) Li Yanhua, aged 45, from Nanchang city, Jiangxi province. Ms. Li had
          gone to Beijing twice in October 1999 attempting to petition the regime to
          stop its persecution of Falun Gong practitioners. She was reportedly
          detained for 10 days and later, she was detained again for more than one
          month. After that, she was sentenced to two years of forced labour on
          7 January 2000 without a trial, and was detained in the Women's Drug
          Treatment Centre (also called labour camp) of Nanchang city. Li Yanhua
          and other detained practitioners started a hunger strike. Later, the camp
          guards tied them up and took them to hospital. According to information
          received, the medical examination showed that Li Yanhua was in serious
          condition. Her internal organs were atrophied and damaged. The labour
          camp informed her family to come and pick her up. Li Yanhua died at
          around 18.00 hours on 13 April, within two hours of arriving home;
          (xxxi) Zhang Shuqi, aged 52, from Xicheng district, Beijing. On
          26 December 1999, Ms. Zhang was reportedly arrested when attempting
          to attend the trial of four Falun Gong members at the Intermediate
          People's Court of Beijing. She was sent to Chang-qiao police station.
          The next day, she was transferred to the detention centre of the Xi-cheng
          police department. On the afternoon of 14 January 2000, the police
          station suddenly informed her family members to come and pick her up.
          After returning home, Ms. Zhang fainted, vomited and lost consciousness.
          She was immediately sent to the Beijing University Hospital for
          emergency treatment. However, she could not recover and died at
          21.50 hours on 15 January;
          (xxxii) Zhu Shaolan, aged 50, from Jinzhou, Liaoning province. On
          28 September many practitioners in Jinzhou, collected signatures for a
          letter appealing for their freedom to practise Falun Gong. It is reported
          that as a result, many were arrested. To voice their concerns over the
          injustice, more than 40 practitioners started fasting on 29 September.
          Ms. Zhu was one of them. She became very weak two days later and
          started vomiting on the fourth day. The Raoyang local police sent her to
          the hospital on 5 October, and she died in the hospital in the morning of
          7 October 1999
          (xxxiii) Au Xiangmei, aged 35, from Changshou county of Chongqing, Sichuan
          province. She was arrested in Beijing in November 1999 and was
          detained afterwards in the Chongqing Liaison Office in Beijing. It is
          reported that while trying to escape through a window, she fell and died;
        
          
          E/CN.4/200 1/73/Add. 1
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          (xxxiv) Xia Wel, aged 43, from Guanyinqiao, Jiangbei district of Chongqing,
          Sichuan province. She went to Beijing to appeal and was arrested in early
          November 1999 and was detained afterwards in the Chongqing Liaison
          Office in Beijing. She reportedly tried to escape through the window, but
          fell and died. Police allegedly told her husband not to reveal any
          information about the case.
          17. According to information received, on 6 May 2000, 12 practitioners were sent to the
          Mental Hospital of Jiaozhou (also called Jiaozhou Psychological Recovery Centre), located at
          Yangzhou Road, Jiaozhou, Shandong province, for having gone to Beijing to appeal or
          continuing to practise Falun Gong. On 6 October 2000 a few were released but the majority are
          still reportedly being detained in the hospital. According to reports, they would only be released
          if they pledged that they would not appeal for Falun Gong, would not practise Falun Gong any
          more, and pay a fine of several thousand yuan. Reports have been received of various forms of
          ill-treatment including being forced to take medicines and receive injections, after which the
          practitioners would feel weak. They were also reportedly given electric shock treatment. In
          particular, the Special Rapporteur has received information concerning the following individual
          cases:
          (a) Zhou Caixia. It is reported that after being on hunger strike for four days in the
          detention centre of Jiaozhou, she was taken to the mental hospital on 4 June 2000. She was
          allegedly forced to endure shots, medicines and other treatment designed for treating mental
          patients;
          (b) Kuang Bencui. On 14 February, Ms. Kuang went to Beijing to appeal for
          Falun Dafa. According to information received, she was arrested and sent to the Jiaozhou
          Liaison Office in Beijing and detained for one night. The next morning, her work unit in
          Qingdao took her to the mental hospital of Jiaozhou city. Ms. Kuang was reportedly detained in
          the mental hospital for two months and had been treated like a mental patient. She was allegedly
          forced to take medicine and have injections. She was force-fed three times a day, with the
          dosage increased from one tablet a time to six tablets a time. After two months, her family
          members bailed her out;
          (c) Tan Guihua. According to information received, on 12 September 1999,
          Ms. Tan went to Beijing to appeal for Falun Gong. On her return officers from her work unit
          and the Politics and Law Commission broke into her home and took her to the mental hospital of
          Jiaozhou. As Ms. Tan refused to take an injection, a nurse and eight mental patients held her
          down and gave her the injection. She was reportedly asked daily whether she would continue to
          practise Falun Gong. When she replied in the affirmative the doctor gave her electric shock
          treatment. For a two-month period she was reportedly force-fed with medicines and given
          injections three times a day. It is alleged that the doctors also experimented on her with a new
          imported drug which had various side effects. Inter alia , she stopped menstruating and suffered
          memory loss.
          18. It is reported that at the beginning of December 1999, under a variety of fabricated
          charges, policemen from the Chengguan police station in Fangshan district of Beijing arrested
          52 Falun Gong practitioners, the majority of whom were women, including:
        
          
          E/CN.4/200 1/73/Add. 1
          page 17
          Liu Wen (sex unkown), Wang Shuzhen (female), Chen Shumei (female),
          Yang Xuehua (unknown), Yang Xiuru (female), Liu Shengzhi (unknown),
          Xu Shufen (female), Wang Yingyuan (female), Zhang Yuzhen (female),
          Zhang Shihong (female), Cao Xiufen (female), Ren Shufen (female), Bai Xiulian
          (unknown), Jiang Xianglian (female), Sn Fengxia (female), Yang Fenglian (female),
          Liu Yuxiang (female), Zhao Guomin (unknown), Jiang Shufen (female), Li Wanfeng
          (unknown), Shi Zhiguo (male), Hu Yajing (female), Song Zhenlan (female),
          Cui Hongxia (female), Liu Shuying (female), Yu Huanfeng (female), Li Xiujuan
          (female), Fan Xiuzhen (female), Zhang Cuihua (female), Li Huixin (unknown),
          Xu Hemin (male), Sn Xiurong (female), Chen Shuling (female), Niu Shuzhen
          (female), Jiang Jingfang (female), Liu Chunhua (female), Liu Fengxia (female),
          Wang Xiuhui (female), He Guizhen (female), Yang Shufang (female), Liu Zhixia
          (female), Li Ruilian (female), Li Huiyun (unknown), Cui Xiuzhen (female),
          Liu Shuxin (female).
          19. It is reported that the police station sent all of them to the Zhoukoudian Psychiatric
          Hospital, Fangshan district, Beijing, without any legal or medical procedures, allegedly in order
          to prevent them from going to Beijing to appeal during the period of the return of Macau to
          Chinese rule. They reportedly demanded every practitioner to pay between 800 and 1,000 yuan
          renminbi. It was said that it was up to the chief police officer in the police station when these
          practitioners were to be released. All 52 practitioners were reportedly released on 2 1-22 January
          after their family members paid the money.
          Observations
          20. The Special Rapporteur recognizes that there has been insufficient time for the
          Government to respond to her letter of 19 January 2001.
          21. The Special Rapporteur notes that the Special Rapporteur on the question of torture, by
          letter dated 10 August 2000, transmitted individual cases of torture of female Falun Gong
          practitioners to the Government.
          Cuba
          Follow-up to previously transmitted communications
          22. Concerning the case of Michele Annemarie Malcolm and Rachel Georgina Magee
          referred to in the Special Rapporteur's mission report (E/CN.4/2000/68/Add.2, paras. 63-65), the
          Government responded, by letter dated 16 March 2000, that both were arrested on
          16 November 1998 while attempting to smuggle drugs to the United Kingdom. According to the
          birth dates on their respective passports, both detainees were 22 years old at the time of their
          detention. In accordance with the Vienna Convention on Consular Relations, the Government of
          Cuba informed the United Kingdom consular authorities in Havana of the arrest of two of its
          citizens. The Government stated that, at all times, consular visits were facilitated. Both
          detainees were sentenced to 15 years' imprisonment following a trial which the Government
        
          
          E/CN.4/200 1/73/Add. 1
          page 18
          stated respected all the guarantees contained in Cuban penal law. The Government stated that
          both women had indicated their wish to file a request for judicial review of their conviction, in
          accordance with the law on penal procedure.
          India
          Follow-up to previously transmitted communications
          23. By a letter dated 3 March 2000, the Government responded to a number of
          cases transmitted by the Special Rapporteur with the Special Rapporteur on torture
          on 22 November 1999 (see E/CN.4/2000/68/Add. 1, paras. 48-66).
          24. Concerning Bina Das, the Government replied that the allegations made against the
          Border Security Force (BSF) personnel was baseless and that family problems had led to the
          death of Bina Das. In this context, two persons, Mohan Das and Bapuram Das, were arrested
          and detained.
          25. Concerning Kalpana Das Kakoti, the Government responded that an inquiry had
          concluded that there was no evidence of the involvement of army personnel in the alleged rape.
          Villagers from Taregan Potasali had also submitted a petition to the District Administration
          denying the allegation.
          26. Concerning Tukeshwari Rava, the Government replied that inquiries confirmed that she
          had been raped by two members of the Border Security Force on 14 January 1998. The case was
          registered with the Bongaigaon police station under the Indian Penal Code, and forwarded to the
          court on 13 July 1998. A magisterial inquiry was conducted into the incident, confirming the
          rape. The report was submitted to the government of Assam. The personnel involved in the rape
          have been suspended and will be tried by the BSF court.
          27. By letter dated 28 March 2000 the Government responded to the Special Rapporteur's
          report (E/CN.4/2000/68/Add.1, paras. 43 and 47) concerning the case of Raja Begum and her
          daughter Ghulshan Bano. It indicated that the two women were called for questioning at Doda
          police station in connection with an incident in which two army personnel were seriously injured
          near Daree Marmat village. Army personnel, in the presence of four female constables,
          reportedly questioned them. During questioning they admitted that on 14 March 1999 four
          militants had visited their home and had a meal with them. On the basis of their revelation the
          soldiers, along with the police, raided the house of Raja Begum and found explosive material.
          Following this, Ms. Begum and her daughter were handed over to the police on 18 March 1999
          and were subsequently arrested for their involvement in the above-mentioned incident. During
          the course of the investigation a female doctor at the Doda district hospital examined the women.
          Her report stated that no marks of violence were found on the women's bodies. A board of
          doctors also examined the women and in their report categorically stated that they found no signs
          of rape. Both women were remanded to judicial custody and were released on bail on
          24 March 1999. During the course of the investigation the complainants did not allege sexual
          misconduct by any member of the army personnel. Razia Begum, the wife of Farman Ali, and
        
          
          E/CN.4/200 1/73/Add. 1
          page 19
          Shaheena Begum, wife of Abdul Qayoom, daughters-in-law of Raja Begum, made statements in
          which they denied the allegations. The government concluded that the investigation conducted
          reveals that the case lodged by the complainant is false.
          28. The Government stated that on 20 May 1998, people demonstrating against the
          construction of Maheshwar Dam project stopped 24 trucks carrying cement near Gandhi Nagar
          village at Mandeswar, Mandeswar road. The police arrested a total of 130 women and 25 men,
          most of whom were released the same day and the remaining the next day. The police did not
          physically assault any of the demonstrators.
          29. By letter dated 10 November 2000, the Government responded to the joint
          communication sent with the Special Rapporteur on torture on 22 November 1999 concerning
          the cases of Dulumoni Devi, Tarulata Pagu, Santhali Bodo and Runumi, Mamoni Koch,
          Dimola Doimary, Anjali Basumatary, Monaishree Diamary, Nbiari Diamary,
          Lilawati Baishya and Bina Baishya (see E/CN.4/2000/68/Add.1, paras. 48-66).
          30. The Government stated that on 24 April 1997, on the basis of the presence of militants of
          the United Liberation Front of Assam in Ghumatigaon village, cordon and search operations
          were launched by the army. The army personnel obtained a “no objection” certificate from the
          elders of the village certifying that no atrocities were committed by the army. The allegation of
          the rape of Ms. Dulumoni Devi by army personnel during the operation is false.
          31. The Government reported that preliminary investigations into the case of Tarulata Pagu
          had revealed the involvement of two sepoys of 7th battalion of the Sikh Regiment. Accordingly,
          summary general court-martial proceedings had been ordered. Based on the findings, suitable
          disciplinary action will be initiated against the perpetrators.
          32. The Government reported that the case of Mamoni Koch had been investigated and
          revealed the involvement of a sepoy of the 25th Punjab. He was found guilty by the summary
          general court-martial, and sentenced to one year's imprisonment and has been dismissed from
          service.
          33. Concerning Santhali Bodo and Runumi, the Government responded that
          on 21 May 1997, troops of the 16th Rajput were patrolling near Ambari villa when a member of
          the patrol was killed and his rifle stolen. Subsequently, the army searched the area. Villagers
          were gathered in Ambari and questioned about the whereabouts of members of the Bodo
          Liberation Tiger Force, including its leader. The army obtained a clearance certificate from
          village elders certifying that the children and women had not been harassed or maltreated by the
          army and that no atrocities had taken place. Following allegations of human rights violations by
          the army, the district magistrate ordered an inquiry. It reportedly found that the militant
          organization had falsified documents and had forced a government doctor to produce a medical
          certificate certifying the rape of the two girls. The General Officer commanding the formation
          ordered an inquiry into the allegations of rape, which was held in the presence of government
          and police officials, as well as representatives of the All Bodo Women Welfare Federation. The
          army court concluded that the allegations were baseless and aimed at tarnishing the image of the
          army. A petition has been filed by the All Bodo Student Union and the All Bodo Women
        
          
          E/CN.4/200 1/73/Add. 1
          page 20
          Welfare Federation in the Guwahati High Court alleging rape and molestation during army
          operations on 2 1-22 May 1997 in Ambari Tamulpora police station, to which the army filed a
          counter affidavit. The matter is still pending.
          34. Concerning the cases of Dimola Dolmary (aged 14), Anjall Basumatary (aged 16),
          Monalshree Diamary (aged 17), Nblarl Diamary and Thengali Diamary, the government
          reported that an army court of inquiry had investigated the cases of alleged incidents of rape on
          the nights of 9-10 March 1998 and 14-15 March 1998 and found that the rape allegations could
          not be established in any of the cases. The Government reported that the medical report did not
          substantiate the allegation of rape. One of the victims, Thengali Diamary allegedly denied being
          raped. Further, the Army did not conduct operations in those areas on the dates mentioned.
          Indonesia
          35. On 22 November 2000 a joint communication was sent with the Special Representative
          on human rights defenders, the Special Rapporteur on extrajudicial, summary or arbitrary
          executions, the Special Rapporteur on torture and the Chairman-Rapporteur of the Working
          Group on Arbitrary Detention concerning information received about massive human rights
          violations occurring in the province of Aceh, in particular alleged acts of torture, including
          sexual violence, committed by the military and security forces against civilians, in particular
          human rights defenders, as well as peaceful pro-independence activists.
          Iran (Islamic Republic of)
          36. On 11 May 2000, ajoint urgent appeal was sent with the Special Representative on the
          human rights situation in the Islamic Republic of Iran, the Chairman-Rapporteur of the Working
          Group on Arbitrary Detention and the Special Rapporteurs on torture and on the promotion and
          protection of the right to freedom of opinion and expression on behalf of two human rights
          activists. Mehrangiz Kar, a lawyer, writer and scholar, Shahia Lahiji, publisher and editor, as
          well as a representative of the student organization Office for Strengthening Unity (Daftar-e-
          Tahkim-e Vahdat), Ali Afshari, are reportedly accused of “acting against national security”; they
          are believed to be detained in incommunicado detention. According to information received,
          Mebrangiz Kar's brother and lawyer requested to see her, but were denied access to her. The
          exact whereabouts of the three persons have not been confirmed thus far. Mehrangiz Kar and
          Shahla Lahiji were reportedly summoned for interrogation and detained by the Revolutionary
          Court on 29 April 2000. Following their interrogation, they were placed under arrest.
          All Afshari was reportedly detained on 30 April. They are believed to have been detained
          because of their participation in a conference in Berlin, held from 7 to 9 April 2000, entitled
          “Post-Election Iran”, which had been organized by the Heinrich Boell Institute, and because of
          their advocacy of women's rights. Fears have been expressed that the above-mentioned persons
          may be at risk of torture or other forms of ill-treatment in view of the incommunicado nature of
          their detention in an unknown location and the fact that prolonged incommunicado detention can
          in itself constitute cruel, inhuman or degrading treatment. The Special Rapporteurs appealed to
          the Government to provide information about the case.
        
          
          E/CN.4/200 1/73/Add. 1
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          Israel
          37. On 19 April 2000 ajoint communication with the Special Rapporteur on torture was sent
          in regard to Qozet Elias Ibrahim, aged 25, a free-lance journalist from Rmeish (on behalf of
          whom the Special Rapporteur on the promotion and protection of the right to freedom of opinion
          and expression and the Chairman-Rapporteur of the Working Group on Arbitrary Detention had
          intervened on 22 September 1999) and.Najwa Hosein Samhat, aged 33, from Aynata. Both are
          said to be detained in Khiam detention centre. Ms. Elias Ibrahim was reportedly arrested on
          2 September 1999 by Israeli security forces on the grounds of having been accused of preparing
          reports about the situation in the occupied territories. She is said to suffer from a severe
          ulcer/infection of the large intestine. According to the information received, she is constantly
          hooked to an intravenous drip in her cell because she is unable to keep any food in her stomach.
          Ms. Hosein Samhat was reportedly arrested with her husband, Hussein Ahinad Samhat,
          aged 38, a restaurant owner, and her 16-year-old son, Ahinad Hosein Samhat, on
          29 September 1999; both are reportedly detained with her. According to the information
          received, Ms. Hosein Samhat has been subjected to whipping on her feet causing extensive
          bruising, blows to her face causing a cut lip, being hanged by her hair and having cold and hot
          water poured on her body by women police officers. Furthermore, she is reportedly
          continuously insulted and was subjected to psychological pressures, such as the threat of the
          kidnapping and killing of her child in the camp. She reportedly suffered a severe haemorrhage
          after having had a miscarriage while in detention, which is said to have been caused by the
          torture she has been subjected to in detention. Both Ms. Elias Ibrahim and Ms. Hosein Samhat
          were reportedly taken to hospital by Israeli forces and militiamen from the South Lebanese
          Army after their health conditions deteriorated, allegedly as a result of having been subjected to
          torture at Khiam. Serious fears have been expressed concerning the health and life of the
          above-named women if they do not receive appropriate and prompt medical treatment; further
          serious concerns have been expressed that all may be at risk of further torture or other forms of
          ill-treatment.
          38. Further information has also been received on the presence of three other women in
          Khiam detention centre, namely Asmahan El-Khalil from Aychiya, who was reportedly arrested
          on 10 September 1999, Chamlakan Hussein Assaf, a 23-year-old nurse from Arnoun working
          in the clinic of Dr. Husein Toufaily in Nabatie who was reportedly arrested in Arnoun on
          23 November 1999, and Samira Hassan Attieh, a 23-year-old saleswoman from Arnoun who
          was arrested at her parents' house in Arnoun on 23 November 1999. In the light of the above
          reports, fears have been expressed that they may be at risk of torture or other forms of
          ill-treatment.
          Mexico
          Follow-up to previously transmitted communications
          39. On 24 May 2000, the Government, in response to letter dated 23 November 1999
          concerning violence against women in Ciudad Juarez, and in particular the case of
          Celia Guadalupe de la Cn n, transmitted the following information to the Special Rapporteur
          (see E/CN.4/2000/68/Add.1, paras. 72-78).
        
          
          E/CN.4/200 1/73/Add. 1
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          40. Concerning the murder of Cecilia Guadalupe de la Cruz, the investigation undertaken led
          to an order for the arrest on 1 April of Jesus Manuel Guardado Márquez, alias El Tolteca,
          Bernardo Hernández Fernández, alias El Samper, José Gaspar Ceballos, alias El Gaspar,
          Victor Moreno Rivera, alias El Narco, and AgustIn Toribio Castillo, alias El Kiani, members of a
          gang called Los Ruleteros or Los Choferes and presumed perpetrators of the crime. On
          8 April 1999 a formal detention order was issued against the aforementioned men by Penal Judge
          No. 4 of the Thirteenth District Court of Morelos, under case No. 340/99 which is at the pre-trial
          stage. The men, characterized as being highly dangerous, are detained in the Chihuahua State
          Penitentiary. Concerning the murders of Argelia Irene Salzar Crispin, Maria Sagrario
          Gonzalez Flores and Erendira Ivonne Ponce Hernandez, subjects of the allegations of April and
          August 1998, the Chihuahua State Prosecutor reports that the case is at the investigatory stage
          and that the evidence gathered thus far suggests the involvement of members of the
          Los Ruleteros or Los Choferes gang who are already under indictment for the murder of
          Celia Guadelupe de la Cruz.
          Nigeria
          41. On 11 January 2001 ajoint urgent appeal was sent with the Special Rapporteur on torture
          on behalf of Bariya Ibrahim Magazu, aged 17. Ms. Magazu was reportedly sentenced to
          180 strokes of the cane by a sharia court in Tsafe, Zamfara State, in early September 2000 for
          allegedly having had sexual relations outside of marriage and for having falsely accused
          three men of raping her. The sentence was not carried out immediately as she was pregnant
          when sentenced. However, as she is believed to have had her child in December fears have been
          expressed that the sentence would be carried out on 27 January 2001. It is reported that lawyers
          had filed an appeal for a stay of execution. The Special Rapporteurs appealed to the Government
          to ensure that the right to physical and mental integrity of Ms. Magazu is protected.
          Observations
          42. The Special Rapporteur is saddened to learn that Ms. Magazu received 100 strokes of the
          cane on 19 January, after an initial sentence of 180 strokes was reduced. It is reported that the
          sentence was carried out despite the fact that an appeal was being prepared. The Special
          Rapporteur is concerned that women and girls who are the victims of rape or coercion could risk
          being subjected to charges of zina and false accusation if they report an assault. According to
          information received there were allegations that Ms. Magazu was raped, the court allegedly
          invoked the rule of requiring at least four witnesses to testify to this, however the court did not
          invoke the same rule on Ms. Magazu's behalf The Special Rapporteur urges the Government to
          remove any gender discrimination that exists from the law and ensure that it is not in violation of
          international standards.
          Qatar
          43. By letter dated 23 October 2000 the Special Rapporteur informed the Government about
          the case of Nayanta Pandita and his wife, Saleha Pandita. According to information received,
          on 17 November 1999, Mr. and Mrs. Pandita were married at the Registrar General's
          Department in Colombo, Sri Lanka. Dr. Mohammed Ameerudeen, Saleha's father, objected to
          the marriage. It is alleged that he tried to assault the couple at the airport in Madras but the
        
          
          E/CN.4/200 1/73/Add. 1
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          police intervened. On 28 February 2000, Nayanta Pandita was called to court in Doha, Qatar,
          where the couple was residing. The marriage certificate was rejected and the couple was
          charged under Muslim law for living together without being married. They were both remanded
          in custody. Mr. Pandita was reportedly told the marriage would be valid only if he converted to
          Islam. Under duress, he signed the declaration accepting Islam. The couple was ordered to
          remain incommunicado for a period of three months. Saleha was given to her father and
          Nayanta told to study Islam; the judge said that he would reconsider the possibility of their
          marriage under Islamic Law if Nayanta proved to be a devout Muslim.
          44. Nayanta met with officials of the Ministry of the Interior and Dr. Saleem and they agreed
          to a settlement. Nayanta left for Sri Lanka. While he was away, he violated the judge's
          injunction and called Saleha. The telephone conversations were recorded and Nayanta's
          father-in-law threatened to produce them in court and have Nayanta jailed if he returned to
          Qatar. Nayanta remains in Sri Lanka. Attempts at reconciliation through the good offices of the
          Sri Lankan Embassy have also failed. The Special Rapporteur expressed concern that
          Saleha Pandita is allegedly being held against her will and that her passport has been taken away.
          Russian Federation
          45. On 3 March 2000 a joint urgent appeal was sent with the Chairman-Rapporteur of the
          Working Group on Arbitrary Detention and the Special Rapporteurs on extrajudicial, summary
          or arbitrary executions and on torture in regard to information received about massive human
          rights violations occurring in Chechnya.
          46. The Special Rapporteurs expressed their concerns regarding allegations of extrajudicial
          executions and rape of Chechen women by Russian troops, arbitrary detention and torture in
          so-called “filtration camps”, massive arrests without warrants and forced displacements of the
          civilian population. It was alleged that detainees were beaten, sexually abused, stripped naked
          and left in cold cells.
          47. On 6 March 2000, a press release was issued by the Special Rapporteurs and the
          Chairman-Rapporteur on the situation referred to above.
          48. On 7 August 2000, ajoint urgent appeal was sent with the Special Rapporteur on torture
          in regard to information that numerous rapes took place during the course of the conflict.
          Federal army soldiers were said to be the perpetrators and they generally killed the rape victims.
          Such incidents are said to have occurred in Alkhan-Jurt, in December 1999; Shaly, in
          January 2000; and in Grozny, in February 2000. In particular, the Special Rapporteurs have
          received information on the following individual case.
          49. Colonel Budanov and his soldiers allegedly kidnapped Heda Kungaeva, aged 17, from
          Tangi-Chu, during the night of 26 March 2000. On 28 March, they reportedly gave her body to
          the villagers. A medical expert is said to have concluded that before being killed she had been
          raped by several men. The General Prosecutor's Office started an investigation procedure on
          this case and on 30 March 2000 Colonel Budanov was arrested. He reportedly claimed that
          during interrogation he had been trying to make the girl confess her sniper activities and that in a
          state of insanity, he had killed her.
        
          
          E/CN.4/200 1/73/Add. 1
          page 24
          50. By letter dated 20 November 2000, the Government indicated that according to
          information from the Office of the Procurator-General of the Federation, the bodies of
          Said-Emin Giriev, Said-Hussein Giriev and Musy Musaevich Sugaipov were found in the village
          of Starye Atagi in the Chechen Republic on 16 June 2000. Criminal proceedings were
          accordingly instituted on 19 June under article 105, section 2a, of the Russian Criminal Code,
          and are reportedly being pursued by the procuratorial system of the Chechen Republic. It has not
          yet been established who committed the crime. The Government reported that on
          27 March 2000 the Office of the Military Procurator of the Northern Caucasus Military Zone
          initiated criminal proceedings against Col. Y.D. Budanov, the commander of a tank regiment, in
          connection with the killing and rape of Heda Kungaeva (according to her papers,
          Elza Visaevna Kungaeva), an inhabitant of the village of Tangi-Chu. Col. Budanov had been
          charged with offences under articles 105, section 2c (homicide), and 286, section 3a (acting in
          excess of authority), of the Criminal Code. He has reportedly been placed in custody and is
          undergoing a psychiatric appraisal. The Government reported that on instructions from the
          Office of the Procurator-General, the procurators' offices in the Northern Caucasus military zone
          and the Chechen Republic are conducting inquiries into the remaining matters.
          Sri Lanka
          51. By letter dated 14 March 2000 the Special Rapporteur expressed her concern regarding
          cases of gang rape and murder of women and girls that are reportedly being committed by the
          security forces. In addition to rape cases in the North and East, she reported that she had
          received information about political violence in the South that has affected women victims.
          52. On 14 March 1999 the Special Rapporteur also issued a press release in this regard.
          53. The following information in regard to individual cases was transmitted:
          (a) Sarathambal Saravanabavanthakurukal, aged 29, was reportedly gang raped
          and then killed by Sri Lankan navy personnel on 28 December 1999 in Pungudutivu, near the
          Jaffna peninsula. Her body was reportedly found the following morning under leaves not far
          from her home near Kannaki Amman Temple. According to reports received, apart from a few
          high-profile cases which have been investigated thoroughly and the perpetrators brought to trial,
          cases of rape and murder of women and girls by Sri Lankan military personnel have often gone
          unpunished. In this context the Special Rapporteur is encouraged that on 30 December 1999,
          President Chandrika Kumaratunga ordered an immediate investigation into the case. However, it
          is alleged that the suspects have been transferred from the area to avoid prosecution and that very
          little is being done to pursue the matter;
          (b) Ida Caremelitta was allegedly gang raped by five soldiers and then killed during
          the night of 12 July 1999 in Pallimunai village on Mannar Island. Five masked and heavily
          armed men reportedly entered the house while her family were sleeping and took
          Ms. Caremelitta outside and violently raped and killed her. The post-mortem report indicates
          that Ms. Caremelitta had been repeatedly raped and her body had been sexually mutilated;
        
          
          E/CN.4/200 1/73/Add. 1
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          (c) On 6 October 1998 Ms. Pushpamalar, aged 12, was allegedly detained whilst
          returning from school and raped by a soldier in Sangathaanai, Chavakachcheri, east of Jaffna.
          Following the assault she was admitted to hospital;
          (d) Anoja Weerasinghe's house was reportedly attacked on two separate occasions,
          on 24 December 1999 and 2 January 2000. The first attack was with stones and caused a few
          broken windows, the second attack was more severe and led to the burning down of a part of her
          house. Concern has been expressed that the two incidents are related to her political
          involvement over the last 22 years. Ms. Weerasinghe recently played the lead role in a film
          version of “The Trojan Women”, an anti-war play. Her political involvement has also
          encompassed speaking in support of the United National Party and peacefully picketing in
          Veyangoda on 17 November 1999 to protest the physical attacks against actors and actresses.
          She has also participated in news conferences, one of which was on 18 January, immediately
          following the attack. The actors supporting the UNP also organized a picket line in Colombo on
          that day.
          54. By letter dated 6 April 2000 the Government responded to the communication sent
          on 14 March 2000 concerning four cases of violence against women.
          55. Regarding the case of Saravana Bhawanandan Kurukkal Saaradambaal, the
          Government stated that her brother had reported the murder to the Kayts police. On directions
          given by the Inspector-General of Police on 5 January 2000, investigators of the Criminal
          Investigations Department (CID) proceeded to Kyts, Jaffna, and took over the investigation
          which had been started by the Kayts police. The incident reportedly took place on
          28 December 1999. At around 9.30 p.m., four armed men came to the house and took away the
          deceased. After the abductors left, the brother, with the assistance of the neighbours, searched
          the area, without success. Upon making a complaint to army personnel attached to a nearby
          camp, they too joined in the search. The following morning the complainant found the body of
          the deceased. The post-mortem examination showed that the deceased had been raped. There is
          no conclusive information relating to the identity of the perpetrators, but investigations are
          continuing.
          56. Regarding the case of Fareed Ida Carmaleeta Laila, the Government reported that
          pursuant to instructions given to the Inspector-General of Police by the President on
          15 July 1999, the CID commenced investigation into the alleged rape and murder of Fareed Ida
          Carmeleeta Laila. Investigations revealed that there was a prima facie case that she had been
          raped and murdered. A second post-mortem was conducted to obtain more accurate and
          scientific proof by a consultant forensic pathologist. Criminal investigations revealed that two
          armed persons had forced their way into the house of the victim. It is suspected that the intruders
          thereafter raped and murdered the victim. Eleven members of an army detachment in the
          vicinity of the victim's house were arrested and arraigned for an identification parade. Two of
          the soldiers were identified by witnesses as the two persons who went into the house of the
          victim on the day of the incident. They are Dayantha Upul Gurusinghe and Raja Somarantne.
          Upon identification of the two suspects, the magistrate remanded them in custody. They have
          been denied bail and are still in remand. The CID also found several pieces of cartridge from an
        
          
          E/CN.4/200 1/73/Add. 1
          page 26
          automatic firearm. The findings of the government analyst reveals that the cartridge had been
          fired from the firearms used by the suspects. The CID is continuing its investigation, and is due
          to seek the advice of the Attorney-General.
          57. Concerning the cases of Ms. Pushpamalar and Anoja Weerasinghe, the Government
          responded that investigations were continuing and detailed reports would be submitted in due
          course. The Government stated that it paid particular attention to acts of violence being
          committed by armed forces and police personnel in areas affected by conflict. It indicated that it
          refutes the accusation that only a few high-profile cases had been investigated. The Government
          states that every case of alleged criminal conduct committed by the armed forces and police has
          been investigated and the perpetrators prosecuted, although there may have been unavoidable
          legal delays.
          United Arab Emirates
          58. On 9 March 2000 a joint urgent appeal was sent with the Special Rapporteurs on
          extrajudicial, summary or arbitrary executions and on the human rights of migrants on behalf
          of Karteen Karikender, aged 35, a documented Indonesian migrant worker in the
          United Arab Emirates. According to information received, Ms. Karikender took ajob as a
          domestic helper in the city of Fujairah in February 1998. In 1999, she became pregnant and her
          employers accused her of adultery. She was handed over to the local authorities and delivered
          her baby while in detention. In 2000, she was summoned to face trial at the Syariah Fujairah
          Municipal Court, reportedly without any legal assistance and unattended by any translator/
          interpreter during the local proceedings. The court found her guilty of adultery and sentenced
          her to death by stoning. The same court is said to have recently sentenced a Cypriot man
          convicted of battering his wife to death with a rock to four years in jail and 70 lashes. According
          to reports, the man responsible for the pregnancy was an Indian citizen whom the court acquitted
          in absentia, as he had disappeared without a trace. The case reportedly will be appealed to a
          higher court in Fujairah. If the sentence is upheld on appeal the case may be referred to the
          Federal Supreme Court in Abu Dhabi and thereafter to the President for ratification. The
          Indonesian Embassy to the United Arab Emirates had reportedly not been notified about the trial
          and only became aware of the case when the local mass media announced the death penalty
          nationwide. Article 36 of the Vienna Convention on Consular Relations, recognizes the right to
          communicate with and receive assistance from one's own consular representatives. The alleged
          failure to inform the defendant of this right may have deprived her of important assistance in the
          preparation of her defence. The Special Rapporteurs appealed to the Government for
          Ms. Karikender's death sentence to be commuted if upheld on appeal.
          United States of America
          59. On 2 February 2000 ajoint urgent appeal with the Special Rapporteur on extrajudicial,
          summary or arbitrary executions was sent on behalf of Betty Lou Beets (aged 62) who was
          scheduled to be executed in Texas on 24 February 2000. According to reports received, she was
          sentenced to death in 1985 for the murder of her husband after a trial in which crucial mitigating
          evidence was allegedly never presented to the jury, including her history of severe physical,
          sexual and emotional abuse from an early age. According to reports received, she was raped at
          age 5, she first married at age 15 and was brutally beaten and sexually abused by a succession of
        
          
          E/CN.4/200 1/73/Add. 1
          page 27
          husbands. Expert testimony in post-conviction proceedings reportedly established that
          Betty Lou Beets suffers from post-traumatic stress disorder, battered women's syndrome and
          organic brain damage, due to the long history of abuse at the hands of her spouses. It is reported
          that the effect of this abuse on her state of mind and her actions was not taken into account when
          convicting and sentencing her for murder. The Special Rapporteurs appealed to the Government
          to refrain from executing Betty Lou Beets.
          60. A press release was also issued by the Special Rapporteurs on 24 February 2000 in this
          regard.
          61. By letter dated 23 February 2000, the Government responded concerning the case of
          Betty Lou Beets. It acknowledged that mitigating evidence of Ms. Beets's history of severe
          physical, sexual and emotional abuse was not presented in her defence at the trial. The Fifth
          Circuit Court of Appeals concluded that such evidence, even if presented, would not have had
          any impact on the jury's decision to sentence her to death. After sentencing, during
          habeas corpus proceedings in the federal district court, Ms. Beets raised the issue of “battered
          women's syndrome” in the context of her argument that she received ineffective assistance of
          counsel, however, it was rejected by both the United States District Court and Fifth Circuit Court
          which concluded that her attorney's decision not to pursue this line of argument was not
          unreasonable and that Ms. Beets did not demonstrate a reasonable probability that, had the
          evidence been presented, she would not have received the death sentence.
        
          
          E/CN.4/200 1/73/Add. 1
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          Appendix
          CONFIDENTIAL
          VIOLENCE AGAINST WOMEN
          INFORMATION FORM
          INFORMER: name and address of person/organization submitting the information, will remain
          confidential. Please also mention whether we can contact you for additional information and if
          so by what means.
          Name of person/organization: __________________________________________________________
          Address:
          Fax/Tel/E-mail:
          VICTIM(S): information about the victim(s) including full name, age, sex, residence,
          professional and/or other activities related to the alleged violation, and any other information
          helpful in identifring a person (such as passport or identity card number). Please mention
          whether the victim is willing for their case to be transmitted to the Government concerned.
          Name:
          Address:
          Date of birth:
          Nationality:
          Sex:
          Occupation:
          Ethnic background, religious, social group (if relevant): ________________________________
          THE INCIDENT: including dates, place, and the harm suffered or to be prevented. If your
          submission concerns a law or policy rather than a specific incident, summarize the law or policy
          and the effects of its implementation on women's human rights.
          Include information about the alleged perpetrators: their names (if known), any relationship
          they may have to the victims and/or to the Government, and an explanation of the reasons why
          you believe they are the perpetrators. Ifyou submit information about violations committed by
          private individuals or groups (rather than government officials) include any information, which
          might indicate that the Government failed to exercise due diligence to prevent, investigate,
          punish, and ensure compensation for the violations.
          Include information about the steps taken by the victims or their families to obtain remedies
          including complaints filed with the police, other officials, or independent national human rights
          institutions. If no complaints have been filed, explain why not.
        
          
          E/CN.4/200 1/73/Add. 1
          page 29
          Include information about steps taken by officials to investigate the alleged violation (or
          threatened violation) and to prevent similar acts in the future. If a complaint has been filed,
          include information about the action taken by the authorities, the status of the investigation at
          the time the communication is submitted, and/or how the results of the investigation are
          inadequate.
          Date: Time: Location/country: ____________________________________
          Number of assailants: Are the assailant(s) known to the victim?
          Name of assailant(s):
          Does the victim have a relationship with the assailant(s), if so what is the nature of the
          relationship?
          Description of the assailant(s) (include any identifiable features): _____________________________
          DESCRIPTION OF THE INCIDENT: ___________________________________
          Does the victim believe she was specifically targeted because of gender? __________ if yes,
          why?
        
          
          E/CN.4/200 1/73/Add. 1
          page 30
          Has the incident been reported to the relevant State authorities? if so, which authorities
          and when? _____________________________________
          Have the authorities taken any action after the incident?
          If so, which authorities? ________________________________
          What action?
          When?
          WITNESSES:
          Were there
          any witnesses?
          Name/age/relat
          ionship/con
          tact address:
          Please bring to the attention of the Special Rapporteur any information which becomes available
          after you have submitted this form. For example, please inform the Special Rapporteur if your
          human rights concern has been adequately addressed, or a final outcome has been determined in
          an investigation or trial, or an action which was planned or threatened has been carried out.
          PLEASE RETURN TO
          THE SPECIAL RAPPORTEUR ON VIOLENCE AGAINST WOMEN
          OHCHR-UNOG, 1211 GENEVA 10, SWITZERLAND
          (Fax: 00 41 22 917 9006, E-mail: csaunders.hchr unog.ch)
        
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Gender Rights, Free Speech