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Report of the Special Rapporteur, Sir Nigel Rodley, submitted pursuant to Commission on Human Rights resolution 1999/32

E/CN.4/2000/9

          
          UNITED
          NATIONS
          Economic and Social
          Council
          COMMISSION ON HUMAN RIGHTS
          Fifty—sixth session
          Item 11 (a) of the provisional agenda
          Distr.
          GENERAL
          E/CN. 4/2000/9
          2 February 2000
          Original: ENGLISH/
          FRENCH/
          SPANISH
          CIVIL AND POLITICAL RIGHTS INCLUDING QUESTIONS OF TORTURE AND DETENTION
          Report of the Special Ra Dorteur. Sir NiQel Rodley,
          submitted pursuant to Commission on Human
          RiQhts resolution 1999/32*
          CONTENTS
          Executive summary 4
          Introduction 1 — 2
          I. MANDATE AND METHODS OF WORK 3
          II. ACTIVITIES OF THE SPECIAL RAPPORTEUR 4 - 8
          III. INFOPIVIATION REVIEWED BY THE SPECIAL RAPPORTEUR WITH
          7
          RESPECT TO VARIOUS COUNTRIES . . 9 - 1205
          Afghanistan 11 - 12
          Albania . 13
          Algeria . 14 - 19
          Angola 20 — 24
          Argentina 25 - 30
          Australia . . 31 - 36
          Azerbaijan . . 37 - 77
          * Communications received from Governments between 15 December 1999
          S
          S
          6
          8
          8
          8
          9
          10
          11
          13
          and 15 February 2000 regarding allegations transmitted by the Special Rapporteur
          in 1999 will be reflected in document E/CN.4/2000/CRP.2.
          E
          ParaQra hs PaQe
          GE.00-10567
        
          
          E/CN. 4/2000/9
          page 2
          CONTENTS (cant.)
          ParaQra hs Paoe
          Bahrain 78 - 115 21
          Bangladesh 116 — 126 27
          Belarus 127 — 133 29
          Brazil 134 - 157 31
          Bulgaria 158 36
          Burundi 159 — 170 36
          Cameroon 171 - 176 38
          Chad 177 — 180 39
          Chile 181 - 207 40
          China 208 - 239 47
          ColorcJDia 240 - 296 54
          Democratic Republic of the Congo 297 - 315 63
          Republic of the Congo 316 - 332 66
          Cuba 333 — 351 68
          Djibouti 352 71
          Ecuador 353 — 357 71
          Egypt 358 — 400 72
          Equatorial Guinea 401 - 425 83
          Eritrea 426 - 429 87
          Ethiopia 430 - 441 87
          France 442 — 452 90
          Georgia 453 - 463 92
          Germany 464 — 466 94
          Guatemala 467 — 474 95
          Guinea-Bissau 475 - 481 97
          Haiti 482 — 485 98
          India 486 - 527 98
          Indonesia 528 - 605 105
          Iran (Islamic Republic of) 606 - 610 119
          Iraq 611 - 616 120
          Israel 617 - 675 121
          Japan 676 — 680 131
          Jordan 681 - 682 134
          Kazakhstan 683 — 695 134
          Kenya 696 — 697 136
          Democratic People's Republic of Korea 698 — 702 137
          Republic of Korea 703 - 710 138
          Kyrgyzstan 711 - 717 139
          Lao People's Democratic Republic 718 — 719 141
          Lebanon 720 — 724 141
          Malaysia 725 - 730 142
          Mali 731 — 733 143
          Mexico 734 - 782 144
          Morocco 783 - 789 156
          Myanmar 790 — 796 157
          Namibia 797 159
          Nepal 798 — 821 159
          Niger 822 164
          Pakistan 823 - 838 164
          Peru 839 — 875 167
          Philippines 876 - 878 175
        
          
          CONTENTS (cant.)
          E/CN. 4/2000/9
          page 3
          ParaQra hs
          Pa Qe
          Romania
          Russian Federation
          Rwanda
          Yemen
          Yugoslavia (Federal Republic of)
          Zambia
          Zimbabwe
          879
          880 — 907
          908 — 910
          911
          912 — 914
          915 — 928
          929 — 974
          975 — 997
          998 — 999
          1000 — 1002
          1003
          1004 — 1019
          1020 — 1037
          1038 — 1089
          1090
          1091 — 1092
          1093 — 1118
          1119
          1020 - 1137
          1138 - 1172
          1173 - 1174
          1175 - 1193
          1194 — 1198
          1199 — 1201
          Annex
          Principles on the effective investigation and
          documentation of torture and other cruel,
          inhuman or degrading treatment or punishment
          239
          Saudi Arabia
          Senegal
          Spain
          Sri Lanka
          Sudan
          Switzerland
          Syrian Arab Republic
          Thailand
          Togo
          Tunisia
          Turkey
          Uganda
          Ukraine
          United States of America
          Uruguay
          Uzbekistan
          Venezuela
          176
          176
          181
          182
          182
          182
          186
          194
          199
          200
          201
          201
          204
          207
          218
          218
          219
          223
          223
          226
          231
          232
          235
          237
          Communication transmitted to the Palestinian
          Authority
          IV. CONCLUSIONS AND RECOMMENDATIONS
          1202 — 1205 237
          1206 — 1209 238
        
          
          E/CN. 4/2000/9
          page 4
          Executive summary
          The Special Rapporteur, Sir Nigel Rodley, submits his seventh report to
          the Commission. Chapter I deals with aspects of the mandate and methods of work.
          Chapter II summarizes his activities in 1999. Chapter III contains a summary of
          communications sent by the Special Rapporteur and replies from Governments, from
          11 December 1998 to 15 December 1999. The Special Rapporteur transmitted
          information to or received responses from 77 countries. He sent more than
          147 urgent appeals on behalf of more than 450 identified individuals.
          Observations by the Special Rapporteur on the situation with respect to
          allegations of torture in several countries are included.
          During the period under review the Special Rapporteur undertook four
          missions. The report on the visit to Romania (19—29 April) is contained in
          Addendum 3 to the present report; the report on the visit to Cameroon
          (12-20 May) in Addendum 2; and the report on the visit to Kenya
          (20—29 September) in Addendum 4. He also undertook a joint mission to East Timor
          with the Special Rapporteurs on extrajudicial, summary or arbitrary execution
          and on violence against women, its causes and consequences (see A/54/660,
          transmitted to the Commission in document E/CN.4/2000/115)
          Regarding country visits, the Government of China has invited the Special
          Rapporteur to visit that country. The Permanent Representative of Azerbaijan to
          the United Nations Office at Geneva gave an initial positive reaction to the
          Special Rapporteur's request sent in 1999 to visit his country. The Deputy
          Permanent Representative of Brazil, pending a formal invitation from the
          Government, expressed his hope that a mission by the Special Rapporteur to
          Brazil would come to fruition. The Special Rapporteur's requests to visit India,
          Indonesia, Bahrain, Egypt, Tunisia and Algeria have not resulted in invitations.
          No mandate—related issues have arisen during the year under review. The
          methods of work of the Special Rapporteur have been those followed previously,
          as approved most recently by the Commission in its resolution 1999/32,
          paragraph 21. In particular, he has continued to seek cooperation with holders
          of other Commission mandates to avoid duplication of activity in respect of
          country—specific initiatives.
          A significant development for the mandate was the invitation, contained
          in General Assembly resolution 53/139, paragraph 24, and Commission resolution
          1999/32, paragraph 29, for the Special Rapporteur to present an interim report
          to the fifty—fourth session of the General Asser ly on overall trends and
          developments with regard to his mandate. In November 1999, he accordingly
          submitted a report (A/54/426) to the Third Committee of the General Assembly
          under agenda item 116 (a)
          Annexed to his main report are the Principles on the effective
          documentation of torture and other cruel, inhuman or degrading treatment or
          punishment, from the Manual on Effective Investigation and Documentation of
          Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, also
          known as the Istanbul Protocol. This manual is intended to provide international
          guidelines for the assessment of individuals who allege torture and ill—
          treatment, for the investigation of cases of alleged torture and for the
        
          
          E/CN. 4/2000/9
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          reporting of such findings to judicial and investigative bodies. The Special
          Rapporteur is of the view that the manual will be an important tool for States
          in carrying out investigations concerning allegations of torture or ill—
          treatment.
          Introduction
          1. The mandate of the Special Rapporteur on torture, assigned since April
          1993 to Sir Nigel Rodley (United Kingdom) , was renewed for three more years by
          the Commission on Human Rights in its resolution 1998/38. In conformity with
          this Resolution, the Special Rapporteur hereby submits his seventh report to the
          Commission. Chapter I deals with aspects of the mandate and methods of work.
          Chapter II summarizes his activities in 1999. Chapter III contains a summary of
          communications sent by the Special Rapporteur and replies from Governments, from
          11 December 1998 to 15 December 1999. Chapter IV contains the Special
          Rapporteur's conclusions and recommendations.
          2. In addition to the above—mentioned resolution, several other resolutions
          adopted or reaffirmed by the Commission on Human Rights at its fifty-fifth
          session are also pertinent within the framework of the mandate and have been
          taken into consideration by the Special Rapporteur in examining and analysing
          the information brought to his attention. These resolutions are, in particular:
          1999/31, “Independence and impartiality of the judiciary, jurors and assessors
          and the independence of lawyers”; 1999/33, “The right to restitution,
          compensation and rehabilitation for victims of grave violations of human rights
          and fundamental freedoms”; 1999/34, “Impunity”; 1999/35, “Extrajudicial, summary
          or arbitrary executions”; 1999/36, “Right to freedom of opinion and expression”;
          1999/37, “Question of arbitrary detention”; 1999/38, “Question of enforced or
          involuntary disappearances”; 1999/39, “Implementation of the Declaration on the
          Elimination of All Forms of Intolerance and of Discrimination Based on Religion
          or Belief”; 1999/42, “Elimination of violence against women”; 1999/47,
          “Internally displaced persons”; 1999/66, “Implementation of the Declaration on
          the Right and Responsibility of Individuals, Groups and Organs of Society to
          Promote and Protect Universally Recognized Human Rights and Fundamental
          Freedoms”.
          I. MANDATE AND METHODS OF WORK
          3. No mandate—related issues have arisen during the year under review. The
          methods of work of the Special Rapporteur have been those followed previously,
          as approved most recently by the Commission in its resolution 1999/32,
          paragraph 21, and by the General Assembly in its resolution 54/156,
          paragraph 16. In particular, he has continued to seek cooperation with holders
          of other Commission mandates to avoid duplication of activity in respect with
          country—specific initiatives. Thus, he has sent urgent appeals, transmitted
          information alleging violations within his mandate to Governments and sought
          missions to Mer er States, in conjunction with the following mechanisms: the
          Working Groups on Enforced or Involuntary Disappearances and on Arbitrary
          Detention; the Special Rapporteurs on extrajudicial, summary or arbitrary
          executions; the independence of judges and lawyers; the promotion and protection
          of the right to freedom of opinion and expression; violence against women, its
          causes and consequences; the situation of human rights in the Democratic
          Republic of the Congo; the Special Representative of the Commission on the
        
          
          E/CN. 4/2000/9
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          situation of human rights in the Islamic Republic of Iran; the Special
          Representative of the Secretary—General on internally displaced persons.
          II. ACTIVITIES OF THE SPECIAL RAPPORTEUR
          4. A significant development for the mandate was the invitation, contained
          in General Assembly resolution 53/139, paragraph 24, and Commission
          resolution 1999/32, paragraph 29, for the Special Rapporteur to submit an
          interim report to the fifty—fourth session of the General Asser ly on overall
          trends and developments with regard to his mandate. In Nover er 1999, he
          accordingly submitted his report (A/54/426) to the Third Committee under agenda
          item 116 (a) . Finally, in its resolution 54/156, the General Asser ly requested
          the Special Rapporteur to submit an interim report to it at its fifty—fifth
          session.
          5. During the period under review the Special Rapporteur undertook four
          missions. The report on the visit to Romania (19—29 April 1999) is contained in
          Addendum 3 to the present report; the report on the visit to Cameroon
          (12-20 May 1999) in Addendum 2; and the report on the visit to Kenya
          (20—29 September 1999) in Addendum 4. In accordance with Commission
          resolution S/4/1 of 27 September 1999 on the situation of human rights in East
          Timor, he also undertook a joint mission to East Timor with the Special
          Rapporteurs on extrajudicial, summary or arbitrary executions and on violence
          against women, its causes and consequences. The report on the visit (A/54/660)
          is transmitted to the Commission in document E/CN.4/2000/115.
          6. By letter dated 15 February 1998, the Government of China extended an
          invitation to the Special Rapporteur to visit that country, for which he is most
          grateful. The Permanent Representative of Azerbaijan to the United Nations
          Office at Geneva gave an initial positive reaction to the Special Rapporteur's
          request, sent in 1999, to visit his country. The Deputy Permanent Representative
          of Brazil, pending a formal invitation from the Government, expressed his hope
          that a mission by the Special Rapporteur to Brazil would come to fruition. The
          Special Rapporteur's requests to visit India, Indonesia, Bahrain, Egypt, Tunisia
          and Algeria have not resulted in invitations.
          7. In March 1999, the Special Rapporteur participated in a meeting in
          Istanbul which completed the drafting process of the Manual on Effective
          Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading
          Treatment or Punishment, also known as the Istanbul Protocol. The
          conceptualization and preparation of the manual was a three—year collaborative
          effort between forensic doctors, physicians, psychologists, human rights
          monitors and lawyers representing 41 organizations or institutions from
          15 countries. In August 1999, the manual was presented to the United Nations
          High Commissioner for Human Rights at a meeting in Geneva, at which the Special
          Rapporteur was present. It is intended to provide international guidelines for
          the assessment of individuals who allege torture and ill—treatment, for the
          investigation of cases of alleged torture, and for the reporting of such
          findings to judicial and investigative bodies. Annexed to the present report are
          the “Principles on the effective investigation and documentation of torture and
          other cruel, inhuman or degrading treatment or punishment”, which are included
          as an appendix to the Istanbul Protocol.
        
          
          E/CN. 4/2000/9
          page 7
          8. The Special Rapporteur was elected Chair of the sixth Meeting of Special
          Rapporteurs/Representatives, Independent Experts and Chairpersons of the Working
          Groups of the Commission on Human Rights (31 May-4 June 1999) . In this quality,
          he attended the inter—sessional open—ended working group on enhancing the
          effectiveness of the mechanisms of the Corimission on Human Rights
          (6—8 December 1999) . The Special Rapporteur also participated in several
          conferences, including a conference on “Investigating and combating torture”
          organized by the University of Chicago (4-7 March 1999) , the 4th Biennium
          Meeting of the International Human Rights Network of Academies and Scholarly
          Societies in Stockholm (6 May 1999) , a meeting on “Ethical values in politics”
          convened by the Government of Norway in Oslo (26 June 1999) , and a workshop on
          the issue of torture organized by the Organization for Security and Co—operation
          in Europe in Pristina (9—11 Decer er 1999) . On 19 November 1999, he addressed
          the participants of an international conference entitled “The prevention of
          torture at the dawn of a new millennium”, organized by the Council of Europe for
          the 10th anniversary of the European Committee for the Prevention of Torture.
          III. INFORMATION REVIEWED BY THE SPECIAL RAPPORTEUR
          WITH RESPECT TO VARIOUS COUNTRIES
          9. During the period under review, the Special Rapporteur sent 60 letters to
          56 countries on behalf of about 700 individuals and 32 groups involving about
          3,000 persons. About 150 were known to be women and 50 were known to be minors.
          The Special Rapporteur also sent 20 letters reminding Governments of a number of
          cases that had been transmitted in previous years. Together with individual
          cases the Special Rapporteur also transmitted to Governments 21 allegations of a
          more general nature. The Special Rapporteur sent 144 urgent appeals to
          51 Governments on behalf about 430 individuals (of whom about 35 were known to
          be women and 45 to be minors) and 15 groups involving about 1,500 persons with
          regard to whom fears that they might be subjected to torture and other forms of
          ill-treatment had been expressed. In addition, 26 Governments provided the
          Special Rapporteur with replies on 155 cases submitted during the year under
          review, whereas 24 did so with respect to some 350 cases submitted in previous
          years.
          10. This chapter contains, on a country—by—country basis, summaries of
          general allegations, individual cases, as well as of urgent appeals, and
          government replies. Observations by the Special Rapporteur have also been
          included where applicable. In view of the fact that most States have not been
          given sufficient time to respond to letters transmitting allegations, the
          Special Rapporteur has sought to avoid, in his observations at the end of
          country entries, reference to allegations transmitted during the year. Due to
          the late despatch of several regular communications in English, Governments did
          not have sufficient time to respond to allegations. Thus, the Special Rapporteur
          has not drawn any conclusions in relation to these allegations. As indicated
          last year, information provided by Governments regarding the Special
          Rapporteur's recorimendations made after visits in previous years to Chile,
          Colombia, Mexico and Venezuela, have been included in Addendum 1 to the present
          report. Owing to a lack of resources, the Special Rapporteur was not able to
          complete the study on human rights defenders to which he referred in his report
          to the General Assembly.
        
          
          E/CN. 4/2000/9
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          AfQhanistan
          ReQular communications and replies received
          11. The Special Rapporteur has received information on alleged acts of
          torture and other forms of ill—treatment which were said to have occurred in
          August 1998 when the Taliban reportedly seized the town of Mazar—I—Sharif. The
          allegations received were consistent with those received by the Special
          Rapporteur on the situation of human rights in Afghanistan, a summary of which
          may be found in his interim report to the General Assembly (A/53/539) . A reply
          from the Embassy of the Islamic Emirate of Afghanistan in Islamabad may also be
          found in that report.
          UrQent a inieals and replies received
          12. On 24 March 1999, the Special Rapporteur sent a joint urgent appeal in
          conjunction with the Special Rapporteur on violence against women, its causes
          and consequences, on behalf Farzana, a young pregnant woman who had reportedly
          been found guilty of extra—marital sexual intercourse. She was due to be
          publicly flogged after the birth her baby which was expected to be delivered in
          a few weeks' time. Her co—accused, Sayed Sarwar, who had also been found guilty
          of adultery, had reportedly been publicly lashed one hundred times at a school
          football ground in Kabul.
          Albania
          ReQular communications and replies received
          13. By letter dated 8 Nover er 1999, the Special Rapporteur reminded the
          Government of a number of cases submitted in 1998 regarding which no reply had
          been received.
          AlQeria
          ReQular communications and replies received
          14. By letter dated 3 September 1999, the Special Rapporteur informed the
          Government that he had received information on the cases described below,
          concerning which the Government replied by letter dated 15 November 1999.
          15. Ahmed Jalal was allegedly arrested on 20 December 1992 while
          participating in demonstrations in support of the Islamic Salvation Front, of
          which he has been a member since Septer er 1989. He was reportedly accused of
          murder and interrogated for one week. He was allegedly forced to swallow
          detergents, which caused diarrhoea, his penis was crushed in a drawer and he was
          sodomized by one of his interrogators. He was then transferred to Lar asa prison
          in Tazoult, Batna province, where he spent five years. In late March 1998 he was
          transferred to a hospital, from which he escaped on 9 April 1998.
          16. Mohamed Ouarti was allegedly accused of involvement in the killing of a
          young woman who was part of the national security force. He was reportedly
          arrested on 11 April 1993 at his home in Algiers by members of the national
          police force. He was suspended from handcuffs attached to his wrists by masked
          persons, burnt with a blowtorch and subjected to electric shock. He was finally
          admitted to the emergency ward and treated for paralysis of the right hand and
        
          
          E/CN. 4/2000/9
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          auditory difficulties, as certified in a medical report of which the Special
          Rapporteur has a copy.
          17. The families of the disappeared persons were allegedly beaten, ill—
          treated and threated by the police while attempting to hold a peaceful
          demonstration on 31 March 1999 in front of the National Observatory for Human
          Rights.
          18. Mohamed Boukhlaf was allegedly arrested in August 1998, together with his
          wife, daughter and ten-year-old nephew. He was reportedly tortured at the Bab
          Djedid police station in Algiers. He is said to have been raped and some of his
          teeth forcibly extracted. His relatives were reportedly released 11 days later.
          He was allegedly charged with having contacts with armed groups. He is
          reportedly still under arrest and his complaints of ill—treatment have never
          been investigated.
          19. The Government stated that because of the lack of significant details in
          the allegations outlined above, an investigation could not be expedited. With
          regard to the families of the detainees, it advised the Special Rapporteur that
          the organization of demonstrations in Algiers and elsewhere is addressed
          specifically in legislation and regulations which, inter alia, require that
          authorization be requested and prohibit the participation of minors.
          An Qola
          ReQular communications and replies received
          20. By letter dated 3 September 1999, the Special Rapporteur informed the
          Government that he had received information on the cases described below. By
          letter dated 10 September 1999, the Government advised the Special Rapporteur
          that it had duly noted the allegations mentioned but could provide no
          information as long as the legal proceedings, which were confidential, were in
          progress. It likewise assured the Special Rapporteur that according to
          article 36 of the Constitution, no one may be punished for any act other than
          one expressly prohibited by law.
          21. Dr. Adriano Pariera, former Permanent Representative of Angola to the
          United Nations at Geneva and head of the opposition party Partido Angolano
          Independente, was allegedly arrested on 4 November 1998 in Luanda for
          misappropriation of public funds. He is said to have been taken into custody a
          few days after criticising the Government on national television and to have
          been seated on a small, unstable chair during his interrogation by the National
          Criminal Investigation Branch the night following his arrest. He was reportedly
          then kept in solitary confinement for five months and deprived of the treatment
          required by his state of health, which is now allegedly critical.
          22. Antonio Mavungo was allegedly beaten to death in March 1998 by a police
          officer in Cacongo, Cabinda province, after a dispute over a water source. He
          was reportedly hit in the head with the butt of a police revolver. The Cacongo
          police chief allegedly ordered the arrest of the officers, but the order has not
          been carried out.
          23. Antonio Manuel was allegedly arrested by the police in May 1998 near
          Caculama and stabbed in the back to spell out the word “UNITA”.
        
          
          E/CN. 4/2000/9
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          Observations
          24. The Special Rapporteur regrets that, despite his invitation to the
          Government to provide the relevant information, it has not seen fit to indicate
          any action being taken in these cases to investigate the allegations, bring to
          justice those who may be responsible and compensate the alleged victims or their
          next of kin.
          ArQentina
          UrQent a inieals and replies received
          25. On 14 April 1999, the Special Rapporteur transmitted an urgent appeal
          jointly with the Special Rapporteur on extrajudicial, summary or arbitrary
          executions on behalf of José Luis Ojeda, who was allegedly shot and wounded by
          an unidentified aggressor outside his home in Buenos Aires on 6 April 1999. A
          police patrol from Station 34 was reportedly in the vicinity at the time of the
          events but did not intervene. According to the information received, this is the
          latest in a series of attacks and harassment to which José Luis Ojeda and his
          family have been subjected since he claimed he was beaten and tortured by the
          Federal Police in Station 34 during his brief stay there three years before. The
          Centre for Legal and Social Studies allegedly informed the authorities of the
          attack.
          26. By letter dated 10 June 1999, the Government responded to this urgent
          appeal. It indicated that following a complaint submitted to what has now become
          Examining Court No. 43, proceedings are in progress, an order of committal
          having been issued against Sergeant Victor Pablo Barrionuevo for the offence of
          minor bodily harm. Insufficient grounds were found for either undertaking or
          dismissing proceedings against Major Carlos Fabian Chavez. The action to rescind
          is not final because appeals have been lodged by lawyers both for the Argentine
          Federal Police and for Mr. Ojeda. The Government indicates that preliminary
          steps have been instituted in Court No. 14 concerning the offence of 6 April
          1999. It states that measures were taken to ensure Mr. Ojeda's physical safety
          and provide psychological counselling. Such measures continued until 19 April,
          when Mr. Ojeda ceased to accept assistance of any kind. Since 27 April, contact
          has been made with the victim only once, and he again declined any form of
          protection.
          Follow—un to previously transmitted communications
          27. By letter dated 26 October 1998, the Special Rapporteur transmitted to
          the Government information concerning possible cases of torture in Argentina. By
          letters dated 16 December 1998 and 6 January 1999, the Government responded by
          providing the Special Rapporteur with information on the following case,
          summarized below.
          28. Marcelo Atencio was allegedly arrested and tortured on 20 March 1998 by
          mer ers of the Buenos Aires Police Force, Station No. 1, San Miguel (see
          E/CN.4/1999/61, para. 44). According to the Government, “sessional” proceedings
          have been instituted in Criminal and Correctional Transit Court No. 3 of the
          Judicial Branch of San Martin, Buenos Aires District Authority. On 21 March
          1998, Marcelo Atencio underwent medical examination and a number of minor
          injuries were found. During the preliminary steps ordered by the court, it was
          discovered that he had been examined by the police physician on duty at the time
        
          
          E/CN. 4/2000/9
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          of his arrest, who pronounced him inebriated and diagnosed the injuries re—
          identified on 21 March, as well as additional symptoms. The court ordered the
          case provisionally dismissed on 22 June 1998 because the person who had
          allegedly committed the offence of bodily harm could not be identified.
          29. In the same letter dated 26 October 1999, the Special Rapporteur
          transmitted to the Government the case of Luis Cufré, aged 14, who was
          reportedly arrested and thrown to the pavement in the path of an oncoming truck
          on 18 Septer er 1995 in Plaza Constitución, Federal Capital, by police officers
          of the Mitre Division (see E/CN.4/1999/61, para. 45) . In its letter dated
          16 December 1998, the Government indicated that proceedings had been instituted
          in National Correctional Court No. 13, Office 79. Implicated in the proceedings
          were a corporal of Division No. 1 Mitre SS Railways and the driver of the truck,
          which belonged to a garbage collection company and which allegedly ran over the
          minor and another person, also a minor. The Government gave detailed information
          on the treatment provided for Luis Cufré and the severe injuries he sustained.
          The Street Children Division of the National Council for Minors and Families has
          been involved in the case, providing assistance in various areas from
          documentation to rehabilitation. The case is in pre—trial proceedings.
          Investigations of alleged irregularities in the initial handling of the case by
          the police are also being made.
          30. In the same letter, the Special Rapporteur reminded the Government that
          it has not responded to the information he sent it on 26 May 1997 according to
          which a number of detainees at the Córdoba remand centre were subjected to
          various forms of torture on 22 January 1996 following disturbances provoked by
          an escape attempt (see E/CN.4/1998/38/Add.1) . In its letter of 16 December 1998,
          the Government provided information on that incident. It transmitted to the
          Special Rapporteur the reports of the Penitentiary Service, Córdoba province,
          and of the Penjuez Service, which investigated the incident. According to the
          reports, proceedings were initiated in the case but no one has been charged,
          either in the administrative or in the judicial courts, with the crime of
          torture or ill—treatment. The charges brought against three prison employees
          were for other causes. Information was given on the injuries suffered by the
          various detainees, their gravity and the medical treatment given. Medical
          treatment in the penitentiary centre had been deemed adequate by two forensic
          scientists and three defence lawyers. Evidence had been taken from over
          100 persons, but it lacked consistency. Although the case was being processed by
          Federal Court No. 3 and Examining Court No. 12, both of Córdoba, the Government
          stated that the “case in question does not involve one of the forms of torture,
          since not a single employee of the Penitentiary Service in the entire province
          is suspected or accused of the crime of torture.” As for the investigations
          carried out to clarify the circumstances surrounding the death of three of the
          detainees and, in the death of Luis Rogelio Martin, the possible implication of
          drug trafficking, that case has been transferred to the Federal Court for
          jurisdictional reasons. With respect to detainees Sanchez and Sarriá, despite
          numerous inquiries, autopsies and testimony, the specific events which led to
          their deaths have still not been definitively revealed.
          Australia
          UrQent a inieals and replies received
          31. On 6 December 1999, the Special Rapporteur sent an urgent appeal on
          behalf of a Libyan asylum—seeker, whose name is unknown to the Special
        
          
          E/CN. 4/2000/9
          page 12
          Rapporteur, and his family, who were said to be facing iriminent and forcible
          repatriation to Libya, where they may be at risk of torture. He was said to be a
          mer er of the reportedly illegal Libyan opposition group National Front for the
          Salvation of Libya (NFSL) . The Australian Refugee Review Tribunal reportedly did
          not accept that he was a member of this organization and therefore rejected his
          claim. The authorities reportedly unsuccessfully attempted to deport the family
          on 1 December 1999, but the airline refused to carry them because of the
          physical condition of one of the asylum—seekers. The parents were allegedly
          verbally and physically abused at the airport while in the custody of the
          officials who were attempting to deport them.
          Follow—un to previously transmitted corimunications
          32. By letter dated 4 January 1999, the Government replied to a communication
          sent by the Special Rapporteur on 3 Septer er 1998 (see E/CN.4/1999/61,
          paras. 56-58) . The Government informed the Special Rapporteur that the Royal
          Corimission into Aboriginal Deaths in Custody was established on 16 October 1987
          to investigate the deaths of 99 aboriginal and Torres Strait Islander people in
          custody between 1 January 1980 and 31 May 1989. The Government indicated that
          the Commission was tasked with examining the circumstances of the deaths, action
          taken by the authorities and the underlying causes of indigenous deaths in
          custody, including social, cultural and legal factors. The Government informed
          the Special Rapporteur that the investigation concluded that the predominant
          cause of the high incidence of indigenous deaths in custody was the
          disproportionate rate at which Aboriginal and Torres Strait Islander people came
          into contact with the criminal justice system, reportedly because of the
          severely disadvantaged position of many indigenous people in society, socially,
          economically and culturally. The Corimission made 339 recommendations to various
          levels of governments in Australia on a wide range of issues and in 1992 the
          Corcmonwealth Government allocated $400 million, mostly channelled through the
          Aboriginal and Torres Straight Islander Commission (ATSIC) , to support 338 of
          the 339 recommendations. The Government indicated that the level of
          implementation of the recorimendations had led to a reduction in the number of
          indigenous deaths in custody, as well as a growing awareness by custodial and
          medical staff of the treatment of indigenous prisoners. However, the Government
          informed the Special Rapporteur that it had acknowledged that the increasing
          over—representation of indigenous people in custody and their rate of contact
          with the criminal justice system needed to be addressed. To that end, a
          ministerial surimit on indigenous deaths in custody was convened in July 1997.
          Strategic plans to address the over—representation of indigenous people in the
          criminal justice system are now being monitored.
          33. The Government also responded to the two individual cases transmitted.
          34. Concerning Daniel Yock, the Government denied that any torture occurred
          in this case. It indicated that an investigation was undertaken by the Criminal
          Justice Commission into his death, which relied heavily on two autopsy reports.
          The Commission found that the cause of his death was a combination of heart
          problems and drug intoxication. The Corimission further found that there was
          insufficient evidence to lay criminal charges against anyone involved in his
          arrest and detention. A copy of the Criminal Justice Commission's Investigation
          findings and the Coroner's recommendation and notification were transmitted to
          the Special Rapporteur. The Government noted that the results of the inquiry
          were public and all evidence before the Commission had been given in open court.
        
          
          E/CN. 4/2000/9
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          35. Concerning Kim Nixon, the Government denied that any torture took place.
          The Government indicated that an independent coronial inquiry was conducted
          which found that he died of natural causes as a result of hypertensive and
          arteriosclerotic heart disease, and that there was insufficient evidence to
          support a case against any mer er of the police service. However, the Government
          advised the Special Rapporteur that the inquiry did not consider the allegation
          that police officers had been told where Kim Nixon's medication could be found
          and that they reportedly made no attempt to retrieve it. In relation to this
          allegation, the Government drew the Special Rapporteur's attention to a report
          of the Social Justice Commission on his death in Indi Qeneous Deaths in Custody
          1989 to 1996 (extracts of which were forwarded to the Special Rapporteur) , which
          indicated that upon his arrival at the police station, he had told the officer
          on duty that he was on blood pressure medication which was noted on his
          admission form. According to this report, the location of the medication was
          noted by visitors from the Aboriginal Visitor's Scheme in the visitors' book at
          the police station, but the police did not become aware of this information
          until after his death as there was no procedure for examining the visitors'
          book. The Government stated that the examination of the case by the Social
          Justice Commissioner was based on a secondary evaluation of textual materials
          and was undertaken without witnesses being called or evidence being tested. The
          Government noted that the report has not been tabled in Parliament nor responded
          to by the Government.
          36. The Government attached the following additional documents for reference:
          “The Royal Commission into Aboriginal Deaths in Custody: An overview of its
          establishment, findings and outcomes” and the “Queensland Criminal Justice Act
          1989”.
          Azerbaijan
          ReQular communications and replies received
          37. By letter dated 15 November 1999, the Special Rapporteur advised the
          Government that he had received information according to which police and other
          security force personnel beat and tortured persons detained in pre—trial custody
          in order to punish them, gather information, force confessions and compel
          corroborating testimony from witnesses. Those accused of treason or other
          political offences are said to be systematically tortured, in particular in the
          lock-up of the Baku City Police Department, also known by the Russian acronym
          “Gorotdel”, but also in other holding facilities, including the Presidential
          Special Department. The police also reportedly routinely and severely beat
          persons accused of petty or more serious crimes. Such abuse is said to occur
          immediately after detention, but can also continue for months throughout the
          prolonged period of pre—trial detention. Detainees are reportedly frequently
          detained in temporary holding facilities without being charged, well beyond the
          3 to 10—day period prescribed by law, through frequent recourse to extensions.
          During pre—trial detention, the police are said to pressure detainees either not
          to seek counsel or to accept State—appointed government lawyers who may not work
          for their clients' best interests. Furthermore, it is alleged that detainees who
          are formally charged are transferred to remand prisons where they are held in
          “isolation” as a “restraining measure”. This is believed to contribute to abuse.
          38. Investigators have reportedly often refused requests from lawyers for
          access to their clients in temporary holding facilities and remand prisons. The
          Ministry of Internal Affairs, which has jurisdiction over the majority of pre-
          trial detention facilities, is said to have also denied access. Lawyers are also
        
          
          E/CN. 4/2000/9
          page 14
          reported to have no right under the law to arrange forensic medical examinations
          for their clients in order to establish evidence of physical abuse. The police
          or procuracy investigator handling a case has the authority to approve or reject
          a detainee's and lawyer's request for a forensic medical examination. A report
          or testimony after an examination by a private doctor or other examiner who is
          not an employee of the State forensic medical office is reportedly not
          acceptable in court to establish the cause of injuries. Detainees have
          reportedly no right to be treated or visited by their own doctors while in pre-
          trial detention.
          39. During an investigation, defendants are said to have no access to a judge
          to protest alleged ill—treatment: their sole recourse lies with the procuracy.
          In practice, the procuracy is said rarely to investigate allegations of torture
          and even less frequently to prosecute the police officers allegedly responsible.
          40. Coerced confessions are said to be used by the procurator's office as
          evidence to secure convictions at trials. Judges are reported rarely to pursue
          defendants' torture allegations. It is also reported that the police beat
          individuals to extort bribes from them and family members seeking their release.
          41. The Special Rapporteur has also received information regarding the
          conditions of detention, which are said to amount to cruel and inhumane
          treatment. It is reported that overcrowding in pre—trial detention centres
          forces detainees to sleep in shifts in cells that lack proper ventilation and
          light. Some detainees are reported to be extremely thin and malnourished.
          Medical attention is said to be denied. The treatment of contagious diseases,
          such as tuberculosis, is in particular denied.
          42. The Special Rapporteur advised the Government that he had also received
          information on the following individual cases.
          43. Elchin Behudov was reportedly arrested without warrant in Baku on
          21 October 1995 on suspicion of concealing information regarding the September
          1994 murder of a fellow employee of the Presidential Special Department. He was
          reportedly taken to a holding cell in the basement of the Presidential Special
          Department, where he remained for two days in incorimunicado detention. On the
          second day of detention he was reportedly transferred to the Baku City Police
          Department (Gorotdel), where he was allegedly beaten when he refused to write a
          statement. The police allegedly put a gas mask on his head and started to
          asphyxiate him. He reportedly had bruises on his entire body and was later
          unable to walk. A procuracy investigator who later saw him reportedly refused to
          take action about the abuse. On 3 January 1996, Elchin Behudov was formally
          charged under article 186 of the Azerbaijani criminal code with “concealing
          evidence of a crime”
          44. Abulfat Kerimov was reportedly arrested in Baku on 16 March 1996. He was
          reportedly taken to the fourth floor of Gorotdel. His lawyer reported that his
          entire body was covered with bruises and swelling and his eyes were swollen.
          Further, he could not pick anything up with his hands or stand on his feet.
          Repeated requests by his lawyer to the Procuracy General for a forensic medical
          examination of his client were allegedly turned down.
          45. Eldar Agayev was reportedly arrested at his workplace on 23 September
          1993. On the tenth day of his detention his wife was reportedly allowed to see
          him at the police station in the Twentieth Police Precinct in Nasimi district,
        
          
          E/CN. 4/2000/9
          page 15
          and saw that he had been badly beaten. The treatment he received at a hospital
          was reportedly not recorded, to conceal the fact that he had been beaten. He
          reportedly underwent surgery in October 1995 for lesions on the soles of his
          feet caused by the severe beating he received, and he reportedly remained in the
          hospital until May 1996. His State—appointed lawyer reportedly refused to
          request a forensic medical examination. A forensic medical examination was,
          however, sought by a private lawyer on 20 December 1996 and reportedly denied by
          an investigator, who claimed that it was “irrelevant to the case” . Eldar Agayev
          was reportedly eventually convicted of murder.
          46. Vuquar Verdiyev was reportedly arrested on suspicion of murder on
          29 April 1996 by police in Baku. He was reportedly taken to Gorotdel and then to
          the Department to Cor at Organized Crime, where he was allegedly tied to a
          radiator and beaten. Hot and cold water was allegedly poured over his body. He
          is said to have confessed to the murder as a result of the torture. Thereafter,
          he was reportedly transferred to a prison in Ganja, where the torture allegedly
          continued. One of his shoulders and a hand were reportedly broken and metal
          nails were pushed under his toenails. It is believed that the abuse continued
          after he made a confession in order to coerce him into signing a testimony that
          he had an accomplice.
          47. Bahram Sadoqov, a displaced person from the Lachin region, is reported to
          have died on 19 January 1999 in his cell at the Police Administration of
          Sumaqayit City, allegedly as a result of severe beatings by policemen.
          48. Aleksandr Viktorovich Usenko, a Jehovah's Witness, was reportedly
          arrested by three officials from the Baku City Procurator's Office on
          13 November 1997 after allegedly offering a bribe in exchange for the
          registration of his congregation as a religious corimunity. He was reportedly
          taken to Investigation Isolation Prison No. 1, Bailov Prison, where he was
          allegedly beaten and verbally abused by an investigator. He was subsequently
          sentenced to three years' probation after being convicted of bribery. He
          reportedly lodged a complaint about his treatment with the Baku City Procurator.
          49. Nazilya Veliyeva, Arif Babayev and Rovshah Nariman ogly Mursalov, mer ers
          of the same congregation of Jehovah's Witnesses, were reportedly called for
          interrogation and beaten around 16 November 1997. Rovshan Mursalov was allegedly
          beaten for refusing to sign a statement prepared by the police, and sought
          medical treatment for a burst eardrum sustained during the beatings. Eleven
          Jehovah's Witnesses have reportedly lodged complaints of ill-treatment with the
          Office of the Prosecutor.
          50. Vusal Rasulov, aged 12, and his sister were reportedly detained by police
          in Mingechevir on 6 December 1997 in order to extract information about their
          mother, Sakhiba Rasulova, the head of the Mingechevir Branch of the non-
          governmental Dilara Aliyeva Society for the Protection of Women's Rights,
          against whom the police had instigated criminal proceedings on the charge of
          swindling. Vusal Rasulov was allegedly physically abused by an investigator, the
          Chief District Inspector and the Deputy Procurator of Mingechevir during his
          detention on 6 December. The three men allegedly shut his fingers in a door and
          beat him on the soles of his feet. He was reportedly taken the same day by his
          family to a clinic. The doctors there initially confirmed the bodily injuries,
          but the relevant documents were reportedly destroyed by the doctors under
          pressure from law enforcement agencies. Vusal Rasulov was reportedly then taken
          to a hospital in the Kakh district, but on 9 December was allegedly abducted by
        
          
          E/CN. 4/2000/9
          page 16
          Mingechevir police officers and held illegally in the home of one of them in the
          village of Khanabad in Yevlakh district until 14 Decer er, when he was
          discovered and released by Kakh district police. On 16 January 1998, he was
          reportedly detained again and taken to the police department, where he was
          beaten. He was reportedly taken by his family to Agdash district where doctors
          found that he was suffering from torn abdominal muscles. It is further alleged
          that on 7 February 1998 the police tried to exert pressure on his classmates who
          had reportedly witnessed him being beaten at the police station.
          51. Namik Aliyev, a lawyer, was allegedly assaulted on 12 March 1998 by
          officers at police station No. 26 in the Yasamisky district of Baku when
          visiting a client. He reportedly demanded that his client be given a medical
          examination when he noted a fresh bruise on his face. Two police officers
          allegedly beat him in the presence of his client and others. He was then
          reportedly placed in a cell and taken an hour later to a hospital to be tested
          for the presence of alcohol. He was reportedly released later that evening.
          A doctor who examined him after his release reportedly found contusions to his
          head and buttocks. The Baku City Procurator's Office reportedly instituted
          criminal proceedings for exceeding authority, as a result of the alleged
          beatings.
          52. Elshan Javanshir oglu Rahimov, a former member of the special police
          force (OPON) , was allegedly beaten in pre—trial detention in April 1998 before
          his trial began on 2 July 1998. He was allegedly beaten with truncheons, a
          parquet brick and a table leg at the Ministry of Interior's Department to Combat
          Organized Crime. When he lost consciousness as a result of the beatings, he was
          allegedly thrown under a cold shower until he revived and was later tied naked
          to a central heating radiator and tortured. An officer allegedly punched him in
          the face, knocking out three teeth. After he wrote protest letters to the
          procuracy, he allegedly received further beatings. As a result, he reportedly
          suffers from frequent fainting and deafness in one ear and had suffered a broken
          humerus.
          53. Fagani Magerramov, Chairman of the Geranboy Branch of the Party of
          National Independence of Azerbaijan (PNIA) , was reportedly severely beaten on
          30 July 1998 by the Head of the Department to Combat Organized Crime at the
          Geranboy police administration. He was allegedly repeatedly beaten with a rubber
          truncheon in front of other police officers for several hours. He was reportedly
          released after the Ministry of the Interior intervened. The beatings are said to
          have occurred after press reports alleged that the local authorities were
          interfering in the collection of signatures for a PNIA presidential candidate.
          A medical examination of Magerramov was reportedly carried out and a criminal
          case in connection with the alleged beatings was opened by the Republican
          Procuracy.
          54. Shokhrat Ismailov, party secretary of the Party of Democratic
          Independence, Mirvari Gakhramonova, also a party secretary and Chairwoman of the
          party's Women's Committee, and Professor Fikriyya Ibragimli, a mer er of the
          Supreme Council of the party, were allegedly physically assaulted by police
          officers from the Yasamalsky district on 15 August 1998 while walking to the
          site of an opposition party demonstration in Baku.
          55. Ramil Ismailov, son of Shokhrat Ismailov (see above) and leader of the
          youth organization of the Party of Democratic Independence, was allegedly
          severely beaten on 15 August 1998 by seven or eight police officers using
        
          
          E/CN. 4/2000/9
          page 17
          truncheons near the “20 January” metro station. He was reportedly taken to the
          Yasamalsky district police station, where he lost consciousness, but was not
          provided with any medical treatment. He was held for 23 hours before being
          released. He was reportedly subsequently treated at the Nagiyev hospital for
          concussion and severe trauma as a result of the beatings. A request for the
          institution of criminal proceedings in connection with the alleged beatings has
          reportedly been submitted to the Baku City Procurator.
          56. Rafig Amirov, who was on trial for the murder of Shafa Mibabaly, is
          reported to have renounced his confession, which he said was extracted under
          duress, at the Baku City Court on 18 August 1998. He reportedly told the court
          that he had signed the confession after three or four officers of police station
          No. 24 in the Nasiminsky district of Baku beat him for around 10 minutes with
          their truncheons. Signs of physical abuse were reportedly visible on his body,
          as seen on a video film taken after his interrogation.
          57. Vahid Qurbanov, a member of the Azerbaijan Democratic Party, was
          reportedly detained near the “28 May” metro station on 12 September 1998,
          together with Party colleagues. He was allegedly severely beaten and struck on
          his head and legs by police officers and forced into a vehicle, after he
          verbally objected to police attempts to quash his right to peaceful assembly. He
          was reportedly taken to police station No. 22 of the Nasimi District Police
          Administration, and sentenced the next day to 10 days' administrative detention
          for offering resistance to a police officer and being under the influence of
          alcohol. He was reportedly taken back to police station No. 22, and then to
          Qarashahar on the evening of 20 September. On 22 September, he was reportedly
          transferred back to police station No. 22 and charged with resisting a police
          officer. He was reportedly eventually transferred to Investigation Isolation
          Prison No. 1 (Bailov prison) . He reportedly remains in detention at this prison.
          58. Vagif Guliyev, Chairman of the Fizuli Branch of the Popular Front of
          Azerbaijan (PFA) , was allegedly beaten by around 10 police officers at the
          Department to Combat Organized Crime of the Ministry of Internal Affairs after
          being detained on 12 Septer er 1998 following a political demonstration. It is
          also alleged that he was given electric shock treatment in an attempt to
          persuade him to join the Yeni Azerbaijan party.
          59. Salman Yusifov, Chairman of the PFA Sumgayit Branch, was reportedly
          arrested on 15 Septer er 1998. He was allegedly subjected to electric shock
          treatment and was reportedly later transferred to the Baku Main Police
          Administration.
          60. Elchin Mammadov, a PFA mer er from Sumgayit, was reportedly detained on
          15 Septer er 1998 by plain—clothes police officers and taken to the Department
          to Cor at Organized Crime of the Ministry of Internal Affairs. He was allegedly
          forced under physical duress to confess to receiving money by Salman Yusifov
          (see case above) , attending a PFA meeting on 15 Septer er and to carrying rocks
          in his pockets to the meeting. He was allegedly subjected to electric shock
          treatment to make him give evidence. Vagif Guliyev (see case above), Salman
          Yusifov and he were reportedly subsequently released, however, criminal cases
          against the three men for resisting the police and organizing a meeting which
          violated public order were reportedly continuing.
          61. Ramal Gumbatov, the 14—year—old son of Alikram Gur atov, a local militia
          leader and head of the Equality of Peoples Party in Lenkoram, reportedly had his
        
          
          E/CN. 4/2000/9
          page 18
          arm burnt by cigarettes by the police in September 1995, in order to coerce him
          to reveal the whereabouts of his mother. He was also allegedly beaten.
          62. Kerim Kerimov was reportedly attending a meeting of the opposition
          Azerbaijan Popular Front and Musavat parties in Ganja on 24 May 1997 when he was
          arrested by the police. According to the information received, he was taken with
          several other individuals to the Ganja district police station where he was
          allegedly severely beaten.
          63. By a letter dated 15 Nover er 1999 sent in conjunction with the Special
          Rapporteur on the protection and promotion of the right to freedom of opinion
          and expression, the Special Rapporteurs informed the Government that they had
          received information on the following individual cases.
          64. Smira Mamigdze, Ilahme Mamigdze, Zamina Alliguze and a fourth female
          journalist were reportedly injured on 16 November 1998 when the police allegedly
          violently dispersed a group of journalists demonstrating in front of the Supreme
          Court in Baku. The journalists were reportedly protesting against legal
          proceedings brought by the head of the Presidential administration against the
          Yeni Musavat newspaper.
          65. Aydin Bagirov and Mustafa Hajibeyli, correspondents of 525 News a er ,
          were allegedly beaten by police in front of the Baku City Executive building on
          15 August 1998 while covering a picket protest by members of the Popular Front
          of Azerbaijan. Their beating was allegedly witnessed by Sahil Kerimli, a
          journalist with the newspaper 7 Gyun , who was allegedly detained and taken to
          police station No. 9 in Sabailasky district. The men were reportedly
          subsequently detained and released only after a film recording of the picket
          protest was destroyed.
          66. Natig Kavadli, a journalist with Olaylar newspaper, was reportedly
          detained in front of the Vakhdat party office by police officers from the
          Sabailsky district of Baku while covering the 15 August 1998 protest (see
          above) . He was allegedly taken to a police station, where he was beaten and had
          his camera confiscated. He was reportedly held for several hours before being
          released.
          67. Haji Zamin, a correspondent with the AzadlyQ newspaper, was reportedly
          stopped by a police officer and a man in civilian clothes on 22 August 1998 at
          the entrance to the “Kara Karyev” metro station. They allegedly requested his
          identity documents and, upon learning that he worked for AzadlyQ , a police
          inspector and an officer of the Subway Criminal Investigations Department took
          him to a police station, where they abused him. The police inspector tried to
          cover up the alleged beating by compiling a report which falsely stated that he
          had resisted being stopped. The following day he was summoned to the Baku City
          Police Administration where he was charged with resisting arrest. He reportedly
          instituted legal proceedings at the Nariman district court in Baku complaining
          of his treatment by the police inspector and officer. The officer was reportedly
          fined for minor hooliganism and the police inspector was later dismissed from
          the police force pursuant to orders made by the Minister of the Interior. In
          addition, the police inspector has reportedly been arrested in connection with a
          criminal case instituted by the Transport Procurator's office on 27 August 1998,
          in which it is alleged that he exceeded his authority.
        
          
          E/CN. 4/2000/9
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          68. Taleh Hamid, editor of the newspaper MustiQil , was allegedly beaten on
          1 September 1998 by police officers from the Khatainsky district of Baku, near
          the Goskomimushchestvo building around one and a half hours before a convoy
          carrying President Aliyev was due to pass. He was reportedly stopped as he was
          driving along this route by police who told him that the road was closed and
          suggested, allegedly in offensive and obscene terms, that he leave the road.
          When the journalist objected to their attitude, the captain of police station
          No. 35 in Khatainsky district allegedly struck him in the face and pulled him
          out of his car and continued to beat him on the street. Three officers from the
          same station allegedly joined in the beating. A forensic medical examination was
          reportedly carried out, the results of which were given to the procuracy, where
          the case was reportedly being investigated by a procuracy official of the
          Department of Police Supervision.
          69. Sabukhi Gafarov was reportedly taken hold of by police officers on 7 May
          1998. His camera was reportedly confiscated and he was allegedly hit several
          times with truncheons, after the police saw him taking pictures of police
          officers beating a group of women mourners asser led outside the Azhdarbey
          Mosque in Baku. Another journalist, Aygun Ismaylov, was also reportedly seized
          by police officers. Both are said to have been released immediately when the
          crowd intervened. They reportedly contacted the authorities about these alleged
          events and received a response from the Nasiminsky District Procuracy around a
          month later informing him that the beatings could not be confirmed. The
          Procuracy reportedly failed to summon either of the journalists, or a witness to
          the incident, to investigate the complaint.
          70. Ilham Shaban, a journalist of the TURAN news agency, was allegedly beaten
          by police on 7 November 1998 near the office of the Azerbaijan newspaper where a
          demonstration was taking place. It is alleged that he showed his press card to a
          police major who allegedly ordered his subordinates to beat him.
          Follow—un to previously transmitted corimunications
          71. By letter dated 11 December 1998 the Government replied to a number of
          previous corimunications sent by the Special Rapporteur on 23 September 1998,
          20 June 1997 and 10 June 1996.
          72. Concerning Samir Zulfugarov (see E/CN.4/1999/61, para. 60), the
          Government replied that he was arrested on 28 July 1997 by Yasamal district
          police station officers for possession of narcotics. He was held at the Yasamal
          district police station until 1 August 1997, instead of being transferred to the
          Baku Principal Police Station normally used for suspects under investigation.
          The Government replied that on 1 August 1997 he was taken to City Hospital No. 1
          where he died three hours later. Criminal proceedings were initiated by the
          Procurator of Yasamal district of Baku City on 1 August 1997 and later entrusted
          to the Baku City Procurator's Office, under a number of provisions of the
          Criminal Code including intentional homicide. The file regarding one of the
          arresting police officers was later forwarded to the People's Court in Baku City
          for examination, however the Government replied that the case was subsequently
          halted as it was impossible to identify the persons responsible for his death.
          After the case was returned to the Procurator's office for further examination,
          the criminal proceedings against the police personnel and the proceedings
          concerning the death of Samir Zulfugarov were combined into one case on 25 July
          1997. At the time of the government reply, the case was in the hands of the Baku
          Procurator's Office.
        
          
          E/CN. 4/2000/9
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          73. Concerning Zakir Dzhabarly and Dilgam Bairamov (see E/CN.4/1999/61,
          para. 61), the Government replied that criminal proceedings were instituted by
          the Baku City Procurator's Office on 8 October 1997 following a statement made
          on 23 Septer er 1997 in which the two men alleged that they had been insulted
          and beaten by members of the police force, sustaining bodily injuries, when they
          visited the office of the head of the passport section of the Narimanov district
          police station in Baku, in order to ascertain the reason for the illegal
          registration of a person in the tram/trolley—bus depot housing scheme. The
          Government replied that a forensic examination had been undertaken which
          identified bodily injuries inflicted on 22 September 1997, and stated that the
          Procurator's Office of Azizbekov district had undertaken an investigation.
          However, the proceedings had been halted as it could not be proved that the two
          men had been beaten and severely injured by the police officers. After the
          proceedings were resumed by the Procurator's Office, they were once again halted
          on 26 February 1998, with the endorsement of the Procurator's Office.
          74. Concerning Rafik Shaban ogly Ismailov (see E/CN.4/1997/7/Add.1, para. 9),
          the Government replied that on 8 December 1995 he was taken to the district
          police station, where he died in the office of the head of criminal
          investigations. It stated that the Procurator's Office of Masally district
          initiated criminal proceedings under article 168, Part 2 of the Criminal Code,
          “exceeding of powers or official authority, accompanied by force, the use of
          weapons or intimidating and personally insulting actions against the victim”,
          and the case was entrusted to the Investigations Department of the Procurator's
          Office, which found that the acting head of criminal investigations of the
          Masally district police station forcibly took him to the police station in a
          manner deliberately exceeding official powers and in serious violation of his
          rights. The investigation found that he sustained slight bodily harm as a result
          of physical and psychological force at the police station, where he had been
          held unjustifiably, and that on that same day, following a sudden deterioration
          in the state of his health resulting from cardiovascular insufficiency, a doctor
          visited him at the police station. The doctor reportedly recommended
          hospitalization, which, the Government stated, did not occur, and one hour later
          he died. A forensic examination found that the cause of his death was
          cardiovascular insufficiency, and that there was no casual link between his
          death and his detention and beating in the police station. At the People's Court
          of Masally, the acting police head was sentenced to be relieved of his
          functions, but later released pursuant to an amnesty granted by the Parliament
          on the occasion of the national day. An appeal was subsequently lodged and the
          Supreme Court annulled the prior sentence and sent the case for a new hearing in
          the People's Court of Salyany district, which found the acting head was guilty
          of an offence under article 168, Part 1 of the Criminal Code and sentenced him
          to five years' imprisonment on 21 January 1997. The Government noted, however,
          that the acting police head was released under the amnesty without serving his
          sentence.
          75. Concerning Taptig Farkhadogly (see E/CN.4/1998/38/Add.1, para. 19), the
          Government replied that on 25 November 1996 he filed a complaint with the Baku
          Procurator's Office that persons, including the head of the 39th police station
          of Sabail district, Baku, beat him on 17 November 1996 near the “Baku”
          department store. Thereafter, an investigation was conducted and criminal
          proceedings were instituted by the Baku Procurator's office on 28 Septer er
          1996, under article 168, Part 2 (see above) . The Government indicated that a
          forensic examination established that he sustained slight bodily harm. During
          the investigation the head of the 39th police station of Sabail district was
        
          
          E/CN. 4/2000/9
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          questioned. He said that he had not known Taptig Farkhadogly before 17 Nover er
          1996 and that he had not committed any unlawful acts towards him. The Government
          also stated that the investigation was halted on 28 January 1997 as it was
          impossible to identify those responsible for the offences committed. The
          decision to halt the investigation was annulled on 16 April 1997 by the Baku
          City Procurator but supplementary inquiries failed to produce positive results
          so the investigation was again halted on 6 May 1997. Nevertheless, inquiries
          were continuing.
          76. Concerning Murshud Makhmudov and Abulfat Kerimov, the Government replied
          that criminal proceedings had been instituted by the Ministry of the Interior in
          connection with unlawful actions corimitted by the special police unit, OPON,
          under various provisions of the Criminal Code, in an attempted coup d'Etat on
          17 March 1995. Murshud Makhmudov was detained on 13 April 1995 and Abulfat
          Kerimov on 17 April 1995. The Government stated that the preventive detention
          imposed on Murshud Makhmudov was modified on 27 February 1996, but that decision
          was later cancelled and he was re—arrested on 4 March 1996. Concerning Abulfat
          Kerimov, the Government stated that he was released from detention on 4 January
          1996 but re—arrested on 17 April 1996. Both men were indicted under various
          provisions of the Criminal Code and the cases forwarded to the Supreme Court.
          Claims by either of the men of torture and other unlawful acts against them were
          not borne out by an investigation. According to the Government, both men had the
          opportunity to make statements freely during the investigation and acknowledged
          their participation in unlawful acts.
          Observations
          77. Sharing the concern of the Committee against Torture, in its conclusions
          and recorimendations following review of the country's periodic report, at “the
          numerous and continuing reports of allegations of torture and other cruel,
          inhuman and degrading treatment and punishment committed by law enforcement
          personnel” (CAT/C/23/5, para. 5), the Special Rapporteur has requested the
          Government to invite him to visit the country.
          Bahrain
          ReQular communications and replies received
          78. By letter dated 22 November 1999, the Special Rapporteur advised the
          Government that he had received information on the following cases.
          79. Moharimed Al-Sayyah was reportedly detained from 5 April to 12 July 1995.
          He was allegedly tortured by a Jordanian officer (whose name is known by the
          Special Rapporteur) at the Al—Qal'a prison. He was reportedly subjected to
          electric shocks and was severely beaten on his private parts. He was also
          reportedly stripped naked and forced to sit on a bottle, resulting in an injury
          that caused him continuous suffering after his release. Asbestos mats were
          allegedly put in his solitary confinement cell and it is believed that this
          experience, in addition to the torture he received, resulted in three years of
          suffering. He reportedly died on 30 Septer er 1998 at the Salmaneya Hospital,
          allegedly as a result of the treatment he was subjected to during his detention.
          80. Salwa Hassan Haider, Hanan Salman Haider and Maryam Sa'id al—'Aradi,
          along with several other women, were reportedly detained from 2 to 4 November
          1998, at which time several arrests were made in the village of Al—Daih by the
        
          
          E/CN. 4/2000/9
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          security forces. They were allegedly beaten on the soles of their feet and
          suspended by their limbs. They were allegedly forced to role—play acts and to
          impersonate characters in public places in Rif'a. They were reportedly tortured
          at the al—Khamis detention centre by the Security Intelligence Service (SIS)
          Salwa Hassan Haider and Hanan Salman Haider were reportedly coerced by flogging
          and threats of assault, including rape, into signing a confession stating that
          they had violated the Constitution. They were reportedly being held in
          incommunicado detention, while Maryam Sa'id al—'Aradi was said to have been
          released without charge.
          81. Hussain Mohammed Al Mula, aged 16, from Sanad, was reportedly arrested on
          22 November 1998 and detained at the Al Qalá police station in Manama. He has
          allegedly been severely tortured by SIS officers. According to the information
          received, as a result of the torture, he was reportedly transferred to the
          hospital of Manama where one of his hands was amputated. After 12 days in the
          hospital he was reportedly re—arrested and was being held in incorimunicado
          detention.
          82. Moharimed Ali Al Ikri, aged 17, from Al Qadam village, was reportedly
          detained at the Al—Qalá police station in Manama on 1 November 1998. He was
          allegedly beaten so severely by SIS officers that he was hospitalized and
          subsequently released. He was later reportedly arrested and SIS officers
          allegedly threatened to torture him until he would no longer be able to walk or
          talk. According to the information received, he was reportedly transferred to
          the al—Khamis detention centre and received his first visitor.
          83. Salah Abdul Hussain Mohammed was reportedly detained on 2 November 1998
          at the Al—Qalá police station in Manama. He was allegedly severely beaten and
          denied medical treatment. His condition allegedly worsened to the point that he
          required hospitalization.
          84. Isa Al Bazaz, aged 16, was allegedly arrested by the SIS on 4 November
          1998 and taken to Al Qalá police station in Manama. It is reported that when the
          SIS did not find his father, they instead took him as a hostage. According to
          the information received, he was severely beaten at the time of arrest.
          85. Hamza Issa Al Hamar, from the Al Deh region, was allegedly detained on
          28 August 1998 at the Al Qalá police station in Manama by the SIS and released
          on 1 September 1998. He was reportedly beaten with PVC hose pipes all over his
          body, especially on the head and stomach.
          86. Zakaria Habib Mater, aged 17, was allegedly detained by the SIS from
          17 February to 1 April 1998 at a farm near his home in Ikir. He was reportedly
          dragged to a palm tree, to which he was bound. He was reportedly blindfolded and
          taken to a detention centre where he was held in a toilet for 10 days and
          subsequently placed in solitary confinement for 34 days, continuously
          blindfolded.
          87. Seyed Hussain Seyed Majeed Seyed Hussain was allegedly arrested by the
          SIS on 2 August 1998. He was taken to the Al—Qalá police station in Manama and
          was allegedly beaten on the ears and subjected to sexual insults.
          88. Ibrahim Hilal was allegedly arrested on 2 August 1998 and detained at the
          Al—Qalá police station in Manama by the SIS. He was allegedly beaten on the head
          and stomach and forced to remain standing for several days.
        
          
          E/CN. 4/2000/9
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          89. Hussain Abas Al Aamer, was reportedly detained from 7 to 10 August 1998
          at the Al-Qalá police station in Manama. He was allegedly beaten by the SIS with
          PVC hose pipes all over his body, especially on his back and stomach.
          90. Nasser Abd Al Hussain Al Aleem, was reportedly detained from 7 to
          10 August 1998 at the Al—Qalá police station in Manama. He was allegedly beaten
          by the 515 on the soles of his feet, which is said to have resulted in
          difficulties in walking after his release.
          91. Hussain Ali Ahmed Al Kazaz was reportedly arrested on 3 August 1998 and
          detained at the Al-Qalá police station in Manama. He was allegedly beaten by the
          515 with PVC hose pipes.
          92. Moharimed Salman Yousif Abdul Rasool, from Daih, was reportedly arrested
          on 2 August 1998 and detained at the Al-Qalá police station in Manama. He was
          allegedly beaten by the SIS all over his body with PVC hose pipes.
          93. Hassan Al Say'g and Abdula Al Wasti were reportedly detained on 3 August
          1998. It was reported that they were detained at the Al—Qalá police station in
          Manama and were allegedly beaten by the SIS all over their bodies with PVC hose
          pipes.
          94. Hassan Ahmed Juma and Hussain Ahmed Juma were reportedly detained at the
          Al Khamees police station on 11 February 1999 and 12 February 1999,
          respectively, and released the next day. They were allegedly blindfolded and
          beaten by four mer ers of the SIS.
          95. Abdulla Ali Al Natashaas was reportedly detained by the SIS on
          10 February 1999 and allegedly held at the Al Khamees police station. He was
          allegedly beaten, blindfolded and whipped, as well as prevented from using the
          bathroom.
          96. Abdul Nabee Ahmed Al Zaimmour, aged 16, Ali Ahmed Al Zaimmour, Issa Mulla
          Mansoor Al Uteby, age 16, and others, were taken from the Al Deh region on
          10 February 1999. They were allegedly beaten and threatened with having police
          dogs released on them at the Al Khamees police station by the SIS.
          97. Abas Khamees Amran has reportedly been imprisoned for many years at the
          Al Qalá police station in Manama. He was reportedly hung by his arms for many
          hours by SIS members. According to the information received, he is still
          experiencing severe pain in his left arm, allegedly as a result of this
          treatment. He has allegedly been held in solitary confinement since November
          1998.
          98. Abdul Amir Al Safar was reportedly detained on 1 February 1999 at the Al
          Qalá police station in Manama and released on 4 February 1999. He was allegedly
          beaten on his face and back and burnt on his chest.
          99. Aref Ali Al Samak, Mohammed Ali Mansoor Al Saeed and Saleh Habeeb Ali
          were allegedly detained at the Al Qalá police station in Manama on 2 February
          1999 and released a few days after. They were all allegedly severely beaten.
          Aref Ali Al Samak was said to be suffering from psychological shock. Mohammed
          Ali Mansoor Al Saeed reportedly confessed to false charges after being beaten
          and after his family were allegedly threatened. Saleh Habeeb Ali was allegedly
          handcuffed, beaten with PVC hose pipes and kicked on the head.
        
          
          E/CN. 4/2000/9
          page 24
          100. All Al Sadadee, a cleric, was allegedly taken from the Al Drraz region on
          5 March 1999 and brought to the Al Khamees police station. According to the
          information received, he was beaten by SIS members with PVC hose pipes on his
          ears and the soles of his feet. Adnana Al Seyed Hashem, a cleric, was also
          allegedly detained and taken from the Al Drraz region on 5 March 1999. He was
          reportedly whipped and not allowed to use the bathroom.
          101. Hussain Hamed and Dya Amir, both 16 years old, were reportedly arrested,
          together with several others, in Sitra on 2 October 1999. They were allegedly
          severely beaten at the Sitra police station.
          102. Hussain Saeed Jassim was reportedly arrested with his younger brother,
          Redha, and allegedly subjected to electric shocks. They were reportedly both
          released a few days later.
          103. Abbas Saeed Hassan Sapt was reportedly arrested on 12 April 1998. He was
          allegedly detained at the Al Khamees police station and the Budaj'e police
          station by the SIS. He was allegedly forced to stand for 15 days, was hung by
          his arms and legs and beaten on the soles of his feet, stomach and head. He was
          allegedly not given food for three days. When he became extremely ill he was
          reportedly transferred to a military hospital on 28 June 1998. His health
          reportedly deteriorated and he was eventually transferred to the Salmania
          Hospital.
          104. The Special Rapporteur has also received further information regarding
          the following individuals on behalf of whom, amongst others, he sent an urgent
          appeal on 9 March 1999 (see below) : Hussain Mansoor was reportedly detained on
          10 February 1999. According to the information received, he was severely beaten
          on the soles of his feet and forced to stand for long periods of time. Abbas Ali
          Marhoom, aged 14, from Al Nowadratt, was reportedly detained on 18 February 1999
          by the SIS at the Al Qalá police station in Manama. He was allegedly beaten all
          over his body, especially on his head and face. Mahdi Ahmed Marhoom, aged 14,
          from Al Nowadratt, was also reportedly been detained. It is reported that in
          addition to being beaten, he was threatened with rape and sexual abuse. Abdul
          Shaheed Mulla Jaffar, aged 14, from Al Nowadratt, was also reportedly detained.
          He was allegedly forced to stand during the first days of his imprisonment and
          was not allowed to use the bathroom for many days. Ahmed Mahdi Habeeb, aged 14,
          from Al Nowadratt, was also reportedly detained. He was allegedly beaten with
          PVC hose pipes on his body and the soles of his feet, which has allegedly caused
          him difficulties in standing and walking. Jasem Mohammed Hassan Kadhem was
          allegedly detained on 25 January 1999 at the Al Qalá police station in Manama
          and released on 29 January 1999. He was reportedly beaten by the SIS on the
          soles of his feet and was then forced to stand during his detention.
          105. By the same letter, the Special Rapporteur reminded the Government of a
          nur er of cases transmitted in 1998 to which replies had not been received.
          UrQent a inieals and replies received
          106. On 9 March 1999, the Special Rapporteur sent an urgent appeal on behalf
          of the persons named below. He transmitted further information concerning some
          of these persons in his regular communication (see above) . The following
          19 minors were reportedly arrested and detained by security forces in February
          1999: Abbas Ali Marhoon, Abdul Shahid Jaffer Al-Mulla, Ahmad Mahdi Habib, Ahmad
          Mahdi Marhoon, Isa Mula Mansoor Al Utaibi, Abdul Ghani Ahmad Al Zaimur, Ali
        
          
          E/CN. 4/2000/9
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          Ahmad Al—Zaimur, Seyed Isa Ismail, Ibrahim Abdulla Ahmad Abbas, Seyed Jaffer
          Mohamed Hashim, Seyed Kamil Kadhim Ibrahim, Jaffar Abd All, Hussain Jaffer
          Jassim, Mahmood Hassan Abdul Wahab, Hussain Mahdi Saleh, Ahmad Abdul Nabi Abdul
          Karim, Ahmad Abd All Al-Madani, Mohammed and Abdulla Al-Yoser. It was also
          reported that the following 33 adults were reportedly arrested In the same
          period: Jasim Mohammed Hassan Kadhem, Fawzi Mohammed Hassan Mahdi, Moharimed
          Abdulla Yousif, Abdul Amir Al—Saffar, Aref All Al—Sammak, Moharimed All Mansoor
          Al—Saeed, Salah Habib All, Shakir Hassan Makki Darwish, Hassan All Hassan
          Al—Saegh, Mona Salman Haidar, Hassan Ahmad Jum'a, Abdula Al—Nachas, Wajih Saleh,
          Hussain Mansoor, Faisal Al—Askafi, Jaber Mansoor Fardan, Sheikh Sadeg Al—Durazi,
          Haj Hasan Jarallah, Seyed Omran Sharaf Al—Alawi, All Abdul Hussain, Habib Hamza,
          All Jaffer Al—Mahoozi, Sadig Abdulla, Seyed All Al—Samak, Seyed Adnan Seyed
          Hashim, Maitham All Al—Sheik, Jafar Islami, Ahmad Abdulla Saeed, Fadhil Hamid
          Ahmad Ismail, Ibrahim Jaffer, Mohsin Abdulla Isa, Imad Moharimed Isa and All
          Abdul Hussain. Some were said to be detained at Al—Khamis detention centre.
          107. On 16 March 1999, the Special Rapporteur sent an urgent appeal on behalf
          of All Al Sadadee, Adnana Seyed Hashem and Sadeg Al Drrazi, three clerics from
          the Al Drraz region, who had reportedly been arrested on 5 March 1999 by the SIS
          and held at the Al Khamees police station. All Al Sabadee was allegedly beaten
          with PVC hose pipes on the soles of his feet and his ears, Adnana Al Seyed
          Hashem had allegedly been whipped and not allowed to go to the bathroom and
          Sadeg Al Drrazi had allegedly been subjected to various forms of psychological
          torture, such as hearing that his wife would be raped and that his mother would
          be tortured.
          108. On 6 August 1999, the Special Rapporteur sent an urgent appeal on behalf
          of Sheikh Hussain Al Akraf, Sayed Hashim Sayed Ibrahim, Sayed Sadig Sayed
          Ibrahim, Mohammed Jaffar Al Easri, Fadhil Al Zubeid, Salman Eu Hassan and
          Mohammed al Qattan, aged 17. Sheikh Hussain Al Akraf had reportedly been re-
          arrested on 9 July 1999 after having just been released after more than three
          years of administrative detention. He was reportedly held at the Al Qala police
          station in Manama, where he was allegedly subjected to electric shocks. The
          others, all from Karzakkan, were reportedly arrested on 9 July 1999 while
          demonstrating for the release of Sheikh Al Jamri. They were allegedly subjected
          to torture at Al Qala police station, Manama, before being transferred to the
          Zallag detention centre, where they were still being held.
          109. On 18 October 1999, the Special Rapporteur sent a joint urgent appeal in
          conjunction with the Chairman-Rapporteur of the Working Group on Arbitrary
          Detention on behalf of Hamid All Yousif Yahya, aged 17, Isamil Isa and All
          Salman, who had reportedly been arrested by the Special Security Forces on
          2 October 1999 during street demonstrations. They were reportedly held at the
          Eudaya police station, where they were allegedly tortured.
          110. On 19 Nover er 1999, the Special Rapporteur sent an urgent appeal on
          behalf of 26 persons, including 11 children. The following persons were said to
          have been arrested at Malekya in mid—October 1999: Mohammed Ibrahim, Jasim
          Khalaf, Abdulla Ashoor Kadhim, Seyed Hashim Kadhem, aged 16, Seyed Ahmad
          Al—Jaway, aged 16, and Jaffer Ibrahim, aged 16. The following persons were said
          to have been arrested mid—October in Tobli: Seyed Jalal Mahmood Sharaf, aged 17,
          Seyed Isa All Ismail, Seyed Adnan Seyed Hashim and Ibrahim A bdulla Ahmad Abbas.
          The following persons were said to have been arrested in Karzakan on 14 October
          1999: Abdul Amir Isa Abdulla, aged 17, Mohammed Jasim Abdul Rasool, aged 17,
          Monir Ahmad All Al—Sheikh, aged 17, Abbas Hassan Juma Al—Shakhori, aged 15,
        
          
          E/CN. 4/2000/9
          page 26
          Mohammed Hassan Ashoor, a teenager, Hussain Isa Abdulla and Ahmad Abbas Marhoon.
          The following persons were said to have been arrested in Sitra in mid—October
          1999: Ali Ahmad Abdulla Al-Tobaji, aged 17, and Abdulla Ahmad Ibrahim Abdulla.
          The following persons were reportedly arrested in Ras Roman on 13 Nover er 1999
          and were being detained at the Al—Hoora prison: Age d Matar, Mohamed Matar,
          Abdulla Taher, Saeed Ibrahim, Hassan Jafar Madan and Ali Abdul Mahdi Hassan Al-
          Mottawa. Sheikh Hassan Al—Qaidom, a religious scholar, was also reportedly
          arrested and his whereabouts were unknown.
          Follow—un to previously transmitted comunications
          111. By letter dated 14 December 1998, the Government responded to an urgent
          appeal sent on 18 November 1998 (see E/CN.4/1999/61, para. 74) . The Government
          replied that Muhamad ‘Ali Muhammad ad-'Ikri was lawfully arrested on 1 November
          1998 for riotous behaviour contrary to the 1976 Penal Code and was being
          detained at a regular place of detention, the name of which was not provided by
          the Government for reasons of public security. The Government assured the
          Special Rapporteur that his family were aware of the place of his detention and
          have been in regular and frequent contact with him. The Government denied that
          he had been held in secret or incommunicado detention and stated that the reason
          for his arrest had no connection with his previous juvenile record. The
          Government further informed the Special Rapporteur that his conditions and
          treatment had been humane, that he was in good health and that he had been
          afforded rights of visitation, representation and medical care in accordance
          with the law and international standards. The Government stated that all issues
          relating to his detention, trial and release had been and would be, determined
          by due process and that systematic, pro—active, measures were in force to
          safeguard the physical and mental integrity of all detainees in Bahrain,
          including their protection against torture and the use of excessive force.
          112. By letter dated 30 December 1998, the Government responded to an urgent
          appeal sent by the Special Rapporteur in conjunction with the Chairman-
          Rapporteur of the Working Group on Arbitrary Detention on 10 Nover er 1998 (see
          E/CN.4/1999/61, para. 72) . The Government denied that nine of the individuals
          had been arrested or detained. Of the remaining individuals named in the urgent
          appeal, the Government replied that one male was lawfully detained for riotous
          behaviour and three males and two females were lawfully arrested and detained
          following a police investigation into the premature detonation of an explosive
          device which was part of a so—called “Hizbollah” led terrorist borcJiing and arson
          campaign in Bahrain. The Government denied that any of the six individuals
          arrested had suffered any physical or mental abuse or ill—treatment. The
          Government informed the Special Rapporteur that all prisoners are held in humane
          conditions and are afforded rights of welfare, visitation and medical care in
          accordance with the law. It further stated that women prisoners are supervised
          only by female prison guards and are held in a modern, purpose—built women's
          prison. The Government also drew the Special Rapporteur's attention to the
          ongoing programme, operating with the Government's unqualified cooperation, of
          visits by the International Committee of the Red Cross. Further, the Government
          informed the Special Rapporteur that any prisoner could seek domestic legal and
          administrative remedies concerning treatment in detention, which none of the
          individuals in the present case had sought to do.
          113. By letter dated 4 January 1999, the Government responded to an urgent
          action sent by the Special Rapporteur in conjunction with the Chairman-
          Rapporteur of the Working Group on Arbitrary Detention on 20 Nover er 1998 (see
        
          
          E/CN. 4/2000/9
          page 27
          E/CN.4/1999/61, para. 75) . The Government replied that five of the individuals
          had been lawfully arrested and detained and subsequently released. Without
          referring to their names, the Government stated that three of them had been
          released on 11 October, one on 21 October and one person on 24 October 1998. The
          Government denied that one of the persons named in the communication had been
          arrested. The Government further denied that any of the individuals who were
          arrested suffered physical or mental abuse or any other form of ill—treatment,
          adding that such allegations were familiar propaganda and lacked any
          credibility.
          114. By a separate letter dated 4 January 1999, the Government replied to an
          urgent appeal sent by the Special Rapporteur on 18 November 1998 (see
          E/CN.4/1999/61, para. 73) . Without referring to their names, the Government
          replied that one of the people named in the communication had been released by
          the Juvenile Court on 24 October 1998, while four others were remanded at the
          Juvenile Centre pursuant to orders made by the Juvenile Court under the 1976
          Juveniles Law. The Government provided the Special Rapporteur with some
          information about the treatment of children under the age of 15 under the
          criminal law in Bahrain, including information about the Juveniles Law. The
          Government stated that children are always dealt with exclusively by women
          police officers and accommodated at a purpose—built Juvenile Centre staffed
          entirely by women trained in child welfare and social work. At the Juvenile
          Centre, children are provided educational, recreational and welfare facilities
          including full follow—up and outreach services. The Government further replied
          that there was no information that the remaining four persons had been arrested,
          detained or otherwise held in custody, except possibly one youth with a similar
          name who was being lawfully detained at a regular place of detention. The
          Government denied allegations that minors were detained in “secret” locations
          and stated that relatives of detainees were always told where detainees were
          being held. In relation to children, the Government advised that parents of
          children in custody were always notified and brought to their child immediately
          upon apprehension and thereafter had regular and frequent contact with the child
          and were present at all Juvenile Court proceedings. The Government also denied
          allegations that persons arrested or detained by the authorities suffered
          physical or mental abuse or other forms of ill—treatment. According to the
          Government's reply, such treatment is unlawful under the 1976 Penal Code and
          there are practical safeguards in place to ensure that such treatment does not
          occur.
          Observations
          115. The Special Rapporteur appreciates the replies to his urgent appeals, but
          regrets the absence of response to the extensive allegations transmitted on
          24 Septer er 1998. He welcomes the Government's withdrawal of its reservation in
          respect of article 20 of the Convention against Torture. The Special Rapporteur
          regrets the Government's continuing failure to extend an invitation to him to
          visit the country.
          BanQladesh
          ReQular communications and replies received
          116. By letter dated 15 November 1999, the Special Rapporteur advised the
          Government that he had received information according to which the police
          routinely use physical and psychological torture and other abuse during arrests
        
          
          E/CN. 4/2000/9
          page 28
          and interrogations. The alleged torture reportedly includes threats, beatings
          and the occasional use of electric shocks. Allegedly, the Government rarely
          prosecutes or punishes those responsible for the torture and a climate of
          impunity allows such police abuses to continue. By way of example, it was
          reported that following the arrest of several Dhaka policemen for allegedly
          beating a college student to death (see para. 119 below), the Deputy
          Corimissioner of the Dhaka police detective branch defended the use of physical
          coercion against suspects, stating that the practice was necessary to obtain
          information.
          117. Prison conditions are reportedly extremely poor and life—threatening.
          Official figures reportedly indicated that 123 persons died in prison in 1998
          and that poor prison conditions were a contributing factor. Most prisons are
          reported to be grossly overcrowded. The reported prison population of 50,000 is
          said to be more than twice the official prison capacity. A May 1998 judicial
          report indicated that the Dhaka central jail, with an official capacity to hold
          2,190 prisoners, was in fact holding nearly 6,000 prisoners.
          118. The Special Rapporteur received information on the following individual
          cases surimarized below.
          119. Shanim Reza Rubel was reportedly arrested on 23 July 1998 by the police
          on a charge involving weapons. He was reportedly released five hours later on
          the same day and admitted to the Dhaka Medical College hospital, where he died
          from injuries allegedly sustained while in custody. Six policemen were
          reportedly arrested in connection with his death. The Government reportedly
          appointed a judge to investigate the incident and to recommend measures to
          prevent a recurrence.
          120. Arun Chakroboty is reported to have died on 23 January 1998 when he fell
          from the roof of a five—story building. Police reportedly claimed that he fell
          while trying to escape. It is alleged, however, that Chakroborty suffered some
          injuries consistent with having been tortured.
          121. Harun Sheikh was reportedly arrested on 4 February 1998 in Khulna.
          Police, including senior officers, at the Rupsha police station allegedly beat
          him severely. On 6 February a court reportedly ordered that he be released and
          given medical treatment. He is reported to have died that evening. His family
          reportedly filed a petition at the magistrate's court alleging that he was
          murdered by the Officer-in-Charge and Assistant Sub-inspector, but no
          investigation is known to have been carried out.
          122. By the same letter, the Special Rapporteur reminded the Government of a
          nur er of cases which were transmitted in 1994, 1995 and 1996, to which no
          replies were received.
          Follow—un to previously transmitted corimunications
          123. By letter dated 31 May 1999, the Government responded to individual cases
          sent by the Special Rapporteur on 23 September 1998 (see E/CN.4/1999/61,
          paras. 80-82)
          124. Concerning Sajal Chakma, Bimal Jyoti Chakma, Atul Chakma and Sama Ranjan
          Chakma, the Government indicated that the allegations were unfounded. It stated
          that the individuals had been involved in obstructing the free movement of the
        
          
          E/CN. 4/2000/9
          page 29
          army by acts including putting up barricades, in relation to which a case had
          been registered with the local police and was pending trial.
          125. Concerning Shima Chowdhury, the Government replied that the case had been
          investigated in several stages. It stated that the Intelligence Department of
          the police force had filed a charge sheet against the police officers allegedly
          involved. The case was then tried by a special tribunal of judges in Chittagong
          and all the accused police officers had been acquitted. The Government further
          stated that an appeal against the ruling had been filed in the High Court
          division and was pending hearing.
          126. The Government indicated that other remaining allegations transmitted
          previously are being investigated and its replies to these allegations will be
          transmitted in due course.
          Belarus
          ReQular communications and replies received
          127. By letter dated 29 November 1999, the Special Rapporteur advised the
          Government that he had received information according to which several
          demonstrations had been violently dispersed by the police, especially anti—riot
          police. In particular, the Special Rapporteur has received information on the
          following incidents.
          128. On 2 March 1998, mer ers of the Belarusian People's Front (BPF) , an
          opposition political party, reportedly participated in an official meeting
          corimemorating the signing of the Russia—Belarus Union Charter on Yakub Kolas
          square in central Minsk. A nur er of men in plain—clothes reportedly started to
          beat and detain BPF and Youth Front mer ers shortly after they had begun to
          disperse. In particular, Vyacheslav Sivchyk, the executive secretary of BFP, was
          allegedly beaten and kicked as he was lying on the ground at the time of arrest.
          The following day, he was reportedly sentenced by the Minsk Central District
          Court to 10 days' imprisonment for holding an unsanctioned demonstration.
          Following the trial, he was reportedly taken to the Central District Remand
          Centre, where he is said to have lost consciousness. He was then reportedly
          taken to hospital, where he was diagnosed as suffering from severe skull and
          cerebral trauma. He was discharged from the hospital and allowed to go home on
          6 April 1998.
          129. Irma Khalip, the editor of the weekly Belarusian language newspaper
          Imya , and her father, Uladzimir Khalip, were reportedly arrested and severely
          beaten on 2 April 1997 while they were attending a demonstration to protest the
          signing of the Russia—Belarus Union Charter. Many demonstrators, including a
          nur er of journalists, are said to have been severely beaten at the time of
          arrest. Irma Khalip was allegedly beaten on her back with batons and dragged by
          her hair through the lines of the riot police. Each policeman is said to have
          hit and kicked her. Upon arrival at the police station, Uladzimir Khalip is said
          to have lost consciousness and to have subsequently been hospitalized for
          treatment, particularly for severe kidney contusion. In September 1997, he again
          required hospitalization. According to the information received, doctors
          informed his family that he had irreversible damage as a result of his head
          injury. An official complaint was reportedly lodged with the Minsk city
          procurator. Irma Khalip reportedly received notification from the procurator
          that the complaint had been registered and that a criminal investigation had
        
          
          E/CN. 4/2000/9
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          been initiated in relation to the police exceeding their authority. It is
          reported that the procuracy dropped the investigation in June 1997. Another
          investigation following the lodging of a complaint by the Belarusian Association
          of Journalists demanding a criminal investigation was also reportedly closed.
          130. Vladimir Yukho, a senior BPF mer er, was reportedly arrested on
          24 February 1998 during a court hearing. Several persons who could not attend
          the hearings were reportedly waiting outside the court building. He reportedly
          grabbed the arm of a riot policeman who was allegedly about to push a woman down
          some stairs. The policeman reportedly grabbed him and dragged him to a police
          minibus with sliding doors parked nearby. According to the information received,
          when he was put in the vehicle, Vladimir Yukho's hand was slammed in the door.
          On the way to the police station, a senior police officer, a major and the
          deputy head of the Minsk Leninsky District Police Department allegedly choked
          him so severely that his neck was bruised. He was later reportedly charged with
          breaching articles 166 and 167 of the Administrative Code. On 24 February 1998
          he reportedly filed an official complaint with the regional prosecutor. On
          9 April, he was reportedly fined 5 million rubles by the Minsk Leninsky District
          Court for participating in an unauthorized demonstration and for resisting
          arrest.
          131. On 17 October 1999, a coalition of opposition political parties and non-
          governmental organizations are said to have organized a rally in central Minsk
          calling for democracy, freedom of speech and Belarusian independence. A deep
          cordon of special riot police (“OMON”) in helmets and blue camouflage uniforms
          and equipped with shields and clubs, reportedly blocked the street. According to
          the information received, a dozen riot policemen then started to beat the
          demonstrators, who reportedly began to pelt these officers with stones which
          happened to be lying at the nearby construction site. Some demonstrators were
          reportedly arrested and taken back to the police line where they were allegedly
          severely beaten and kicked. Around 90 demonstrators were subsequently taken into
          police custody, where they were allegedly beaten. Detainees were reportedly
          forced to stand with their legs and arms apart and were severely beaten and
          kicked by OMON officers with night sticks. Women were reportedly threatened with
          rape. Volodya Chernaev, a Social Democratic Party activist, is said to have been
          arrested and to have been taken to the Partizanzky police station. During the
          transfer, he and others who had been arrested at the same time were allegedly
          punched and beaten with night sticks. They were also allegedly threatened with
          being taken to the forest where they would be killed. Some of the people
          detained are said to have filed complaints with their district prosecutors.
          UrQent a inieals and replies received
          132. On 10 March 1999, the Special Rapporteur sent a joint urgent appeal in
          conjunction with the Special Rapporteur on the promotion and protection of the
          right to freedom of expression and opinion on behalf of Viktor Gonchar, an
          opposition leader who reportedly suffered a heart attack in prison on 5 March
          1999. The prison authorities have allegedly refused to hospitalize him. He was
          reportedly being forcibly fed by prison officials, having commenced a hunger
          strike just after he was sentenced on 1 March 1999, in order to protest his
          imprisonment. He and 15 other mer ers of the opposition were reportedly detained
          on 25 February 1999 during a peaceful meeting in a café. On 15 March 1999, the
          Special Rapporteur received further information, according to which he was
          released on 11 March 1999.
        
          
          E/CN. 4/2000/9
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          133. The Government replied on 27 April 1999 that Viktor Gonchar had been
          placed in administrative detention for 10 days in a special holding facility,
          pursuant to the Administrative Offences Code, after attending a gathering on
          25 February 1999 for which no authorization had been issued by the Minsk City
          Executive Committee. With respect to his time in detention, the Government
          stated that he was kept under constant medical supervision on account of his
          health. The Government informed the Special Rapporteur that any reports of
          police irregularities had no basis in fact.
          Brazil
          ReQular communications and replies received
          134. By letter dated 17 November 1999, the Special Rapporteur advised the
          Government that he continued to receive information concerning cases of
          brutality in prisons. Based on a recent report on the situation in Brazilian
          prisons, it was alleged that even though internal legislation might provide
          adequate provisions to safeguard detainees' human rights, a corcJiination of
          corruption, lack of professional training for prison guards, and lack of
          official guidelines and effective monitoring of abuses, had prompted an on—going
          crisis in the penitentiary system.
          135. Prisoner—on—prisoner violence is reported to be a serious problem.
          Prisoners are said to be at risk for a nur er of reasons, including drug—related
          prison debts, gang rivalries and the types of crimes prisoners corimitted. On
          29 May 1998 a fight reportedly broke out between rival gangs of prisoners in the
          Barreto Campelo maximum security prison in Pernambuco, allegedly leaving
          22 prisoners dead and 13 prisoners injured. Those targeted had allegedly
          corimitted homicide, robbery and rape in the prison. A similar incident two days
          earlier had left three prisoners dead and 20 injured. The State Secretary of
          Justice is said to have later blamed the violence on overcrowding and under—
          staffing in prisons.
          136. Torture is also said to be used as a punishment by prison officers.
          Prison officers allegedly apply illegal collective “punishments”, most commonly
          by stripping, beating and humiliating prisoners, destroying or contaminating
          their food, denying them access to food, or terminating or restricting visits.
          137. The Special Rapporteur has received information on the following cases.
          138. On 24 Decer er 1997 a fight reportedly occurred between prisoners in the
          Céu Azul wing of the men's penitentiary in Manaus and the kitchen “trustees”,
          who had allegedly previously beaten prisoners with the acquiescence of the
          prison governor. The civil police riot squad, which was reportedly called in to
          end the disturbance, allegedly took the prisoners to the prison football pitch.
          After being stripped naked, they were allegedly forced to crawl through filth
          from a sewage outlet, while the prison officers beat them with truncheons and
          kicked them in the ribs. They allegedly had to shuffle on their knees back to
          the prison building. They were also allegedly beaten in the following months by
          police riot troops. It is alleged that prisoners were dragged out of their
          cells, stripped naked and forced to kneel down and beat each other, as well as
          being forced to insert fingers into a fellow prisoner's anus.
          139. In February 1998, members of a civil police Special Armed Unit for the
          Prevention of Robbery reportedly entered Depatri prison in São Paolo and
        
          
          E/CN. 4/2000/9
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          allegedly beat many of the prisoners, causing them welts, lacerations, bruising
          and broken bones. This unit had allegedly raided the jail at night on a weekly
          basis, masked and armed, firing shots into the cells, destroying personal
          effects, ordering prisoners to strip and inflicting torture such as “Russian
          roulette”, in which a revolver allegedly containing a single bullet is fired at
          a prisoner's head, and the “telephone call”, in which a prisoners ears are
          reportedly struck between the police officer's hands, causing intense pain.
          After complaints by human rights groups, the Forensice Medical Institute
          reportedly recorded the injuries of around 130 prisoners and a police
          investigation was ordered.
          140. On 12 January 1997, 80 women prisoners were allegedly beaten by male
          civil and military police officers during a protest in the Santa Rosa de Viterbo
          prison in Altinópolis, São Paolo, after an inmate was allegedly refused
          permission to attend her grandson's funeral. One woman suffered a miscarriage as
          a result of the beatings, another sustained a broken arm and another required
          10 stitches to her head. On 11 March 1997, women in the Women's Penitentiary in
          São Paolo were also allegedly beaten by male prison officers. At least 15 were
          reported to have suffered injuries.
          141. The Special Rapporteur received information according to which the São
          Paulo state police or udsman received 696 complaints from January to September
          1998 alleging torture, abuse or mistreatment. The ombudsman reportedly stated
          that that number represented only a fraction of such acts that were actually
          corimitted. In June 1998, an inquiry into the allegedly systematic torture of
          prisoners in January and February 1998 was reportedly instigated by the civil
          police in São Paulo. The findings of the inquiry were that, of a total of
          350 prisoners held in a detention facility, 107 persons showed evidence of
          systematic beatings resulting in broken arms, legs, fingers and jaws. The civil
          police reportedly dismissed four officers as a result of the investigation.
          142. It is also reported that on 15 June 1998, the Federal District dismissed
          a police officer and charged him with torture for beating a prisoner who had
          been detained for a traffic violation. This was reportedly the first case
          brought under 1997 federal legislation prohibiting torture.
          143. The Special Rapporteur also transmitted the following individual cases.
          144. Octavio dos Santos Filho reportedly died in a police lock—up in São Paulo
          on 13 October 1997. Nineteen fellow inmates claim that police and prison
          officers repeatedly beat him and slammed his head against the metal bars and
          walls of the cell. Over the course of several days, police officers took him on
          more than one occasion to the nearest hospital to have his injuries treated, and
          allegedly further ill—treated him en route. After a severe beating on 9 October,
          he was left alone, pleading for medical help. When police finally took him to
          the health post, four days later, he was already dead.
          145. Rosana Lage Ligero and Marilu Josu Silva Barbosa, two women who had been
          living openly as a lesbian couple, were reportedly arrested in June 1996, after
          an alleged partial investigation, by the local police in Jaboatão dos
          Guararapes, Pernar uco. Although the police claimed to have a judicial order for
          the women's arrest, such an order was only issued two days after the women had
          entered police custody. While in custody, the two women were allegedly beaten
          with a rubber whip and threatened with rape. They were also verbally abused for
          their lesbianism. The two police officers conducting the interrogation forced
        
          
          E/CN. 4/2000/9
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          each woman to perform oral sex on them with the intention of showing them “what
          they were missing by not having sex with men”. They were transferred to several
          detention centres and eventually moved to a prison where they remained
          incarcerated for 11 months. The women agreed to being examined by the state's
          Legal Medical Office, which corroborated the physical injuries they had
          sustained as a result of the police beatings. Following a public hearing in
          1997, a judge ordered their release on a temporary basis. Despite the evidence
          of police misconduct, they have reportedly been awaiting a review of their case
          by the Supreme Court of Brezil for two years. They have insistently and
          unsuccessfully petitioned the Ministry of Justice for a full and impartial
          investigation into the wrongful charges, as well as into the police brutality
          and torture.
          146. Deilson Santana, a suspect in the brutal killing of an 18—year—old
          student in an affluent neighbourhood of Rio de Janeiro, was allegedly tortured
          by police in May 1998.
          147. Elcio Oliviera Lima reportedly died of heat prostration in an overcrowded
          local jail in the Santa Cruz neighbourhood of Rio de Janeiro in February 1998.
          A police officer on duty reportedly told the press that the temperature in the
          jail cells routinely reached 115 degrees Fahrenheit. Guards also reported that
          there was a constant shortage of water in the jail and that Lima was detained
          with 13 other prisoners in a 4.5 foot by 9.5 foot cell with an official capacity
          of seven persons.
          148. George de Assis and Guilherme Henrique were reportedly arrested on 8 June
          1998 and taken to the Theft and Robbery police station in E do Horizonte, Minas
          Gerais, where they were allegedly tortured. The authorities are reported to have
          claimed that they were transferred to the prison in Ribeirao das Neves and then
          released. Their families were reportedly informed by a police officer that they
          had died.
          149. Edson Soares da Silva, a tetraplegic, is said to have died on 1 June 1997
          after his state of health had progressively deteriorated during his period of
          detention. He had reportedly never been transferred to a public hospital.
          150. Jorge Natale was reportedly arrested on 10 November 1998 and taken to the
          Theft and Robbery police station in E do Horizonte for questioning about a
          break—in. He was allegedly taken to a sort of bathroom where he was stripped
          naked. Civil police officers, including the station chief, tied his arms and
          legs and hung him from a metal pole over a trestle. They then allegedly took a
          piece of rubber tied to a stick and beat him on the soles of his feet and on his
          head. They allegedly also applied electric shocks to his scrotum, buttocks,
          ribs, head, chest and arms. He reportedly made a deposition to the police
          ombudsman's office.
          151. Claudio Orlando dos Santos, an AIDS activist from southern Brazil and
          President of the Florianópolis Association for the Defence of Homosexual Rights
          in Santa Catarina, was allegedly beaten up and verbally harassed by
          Florianópolis military police officers on 24 May 1994. He was reportedly beaten
          while distributing condoms to the travestites in Capoeiras neighbourhood,
          Florianópolis, on behalf of the Santa Catarina health authority. He was first
          harassed by a police officer and called from a public telephone the Captain of
          the Military Police, the Coordinator of Centro de OperaçOes da Policia Militar
          (COPOM) , to report what had happened. It is then reported that the military
        
          
          E/CN. 4/2000/9
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          police officers returned and beat and kicked him. After he lost consciousness,
          he was reportedly handcuffed and moved, in the boot of a military police
          vehicle, to the 8th Civil Police Precinct, where he was allegedly beaten again
          and insulted. A civil police officer who is said to have witnessed his ill—
          treatment, reportedly did nothing to prevent what was happening. The military
          police allegedly initially prevented him from making a formal complaint.
          However, he was reportedly later released and filed a complaint against the
          military police. At that time, he was already beginning to develop full-blown
          AIDS and was subsequently admitted to hospital with severe gastroenteritis,
          possibly brought on by being ill-treated by the police. He reportedly remained
          in hospital until his death on 3 November 1994. The police inquiry is said to
          have been closed because of lack of evidence and no one was ever charged.
          152. By the same letter, the Special Rapporteur reminded the Government of a
          nur er of cases transmitted in 1997 and 1998 regarding which no reply had been
          received.
          Follow—un to previously transmitted corimunications
          153. By letter dated 30 November 1999 the Government replied to information
          transmitted by the Special Rapporteur on 5 Nover er 1998 involving a 17—year—old
          boy, Magnaldo de Aguiar, allegedly dumped into a vat of chemicals in February
          1997 by police in Pernar uco (see E/CN.4/1999/61, para. 87) . The Government
          replied that a military police inquiry had recorimended that a number of members
          of the military police, including a major, a lieutenant, a second class
          lieutenant and a number of soldiers, should be indicted. The Government stated
          that the General Command of the Military Police of the state of Pernambuco had
          adopted the findings of the inquiry and had commenced legal proceedings. The
          Government reiterated its commitment that the case against the above individuals
          would be undertaken with full regard for due process and in accordance with the
          law. The Government advised that the Secretary for Public Security of Pernar uco
          had received a copy of the depositions made by the indicted mer ers of the
          military, with a view to investigating the potential responsibility of the owner
          of the company at which the chemical vat which allegedly caused the injuries was
          found. The Government further advised that Magnaldo de Aguiar had received
          intense medical treatment, including 39 days at the Hospital da Restauração
          during which time he underwent plastic surgery to replace skin in the lower part
          of his body. He had also been treated by a physiotherapist who initially
          reported that he had limited movement, but he has subsequently recovered his
          capacity for movement.
          154. By letter dated 7 Decer er 1999, the Government replied to information
          transmitted on 5 November 1998 concerning inmates at the Masmorra—Dungeon
          Pavillion 4 House of Detention, Carandiru in São Paulo (see E/CN.4/1999/61,
          para. 91) . The Government indicated that the Secretary for Penitenciary
          Administration of São Paulo was of the view that problems at the above detention
          facility were provoked by the dimensions of the facility and overcrowding. The
          Government indicated that those two problems had been overcome by dismantling
          the facility and establishing 21 new detention facilities in São Paulo, some of
          which hade already been built pursuant to a cooperation agreement signed by the
          state authorities and the Federal Ministry of Justice. In relation to the
          incident on 24 January 1998, the Government replied that an Inquiry Commission
          was established by the Secretary for Penitenciary Administration to investigate
          the facts and determine responsibility for the alleged torture; it was being
          presided over by the State Attorney. The Commission accepted the allegations of
        
          
          E/CN. 4/2000/9
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          prisoners being subjected to bad treatment, beatings and humiliation by a group
          of 15 prison guards during a riot in the Pavillion, which was provoked by
          fighting amongst prisoners using hand made arms. The Government stated that the
          prisoners identified only two guards as their alleged aggressors: the Chief of
          Discipline for Pavillion 4 and the officer responsible for vigilance in the same
          pavillion. It replied that based on the Commission's conclusions, an
          administrative process had been established as a prior step to the penal
          procedure.
          155. By further letter dated 7 December 1999, the Government replied to two
          cases transmitted by the Special Rapporteur on 26 May 1997 (see
          E/CN.4/1998/38/Add.1, paras. 31-32) . Concerning José Wilson Pinheiro da Silva,
          the Government replied that the Secretary for Public Security and Defence of
          Citizenship of the state of Ceará had advised that he was arrested on 15 August
          1996 on account of drunken and violent behaviour and brought to the 5th Federal
          police station in Fortaleza. At the station, the Government replied, he was put
          into a cell where he was agressed by another detainee who inflicted on him the
          injuries mentioned in the letter. The Government stated that the police
          authorities had provided him with medical assistance and corimenced a police
          inquiry against the aggressor.
          156. Concerning Ivanildo Sampaio de Souza, the Government replied that he was
          found dead in a cell at the Federal Police Office in Fortaleza on 25 October
          1995. He had been arrested the previous day for illegal possession of drugs, and
          after an initial deposition was taken, he was brought to the cell where his body
          was later found. A medical examination indicated that he had been subjected to
          torture, which affected many of his vital organs. A subsequent police inquiry
          established the responsibility of the police officers who were responsible for
          the station that day. Based on these findings, the Federal Public Prosecution
          Service accused seven police officers and the police station chief of homicide.
          The officers and chief were temporarily removed from the Federal Police until
          the case was heard by the Ministry of Justice. Two of the officers were expelled
          from office by an administrative process (No. 001/96) . The same administrative
          process concluded that the other policemen were not guilty. The Government
          further replied that the police inquiry also made possible the establishment of
          criminal proceedings at the Third Federal Court in Ceará, in which due process
          would be applied. The Government stated that due to its formal acknowledgement
          of its objective responsibility for the death of Ivanildo Sampaio de Souza, the
          President has sent to the National Congress a proposal to grant a permanent
          monthly pension to his widow and children, which was approved by Congress on
          12 Septer er 1996.
          157. By letter dated 13 December 1999, the Government replied to information
          corimunicated to it on 5 November 1998 regarding reportedly harsh conditions in
          prisons (see E/CN.4/1999/61, para. 89) . The Government informed the Special
          Rapporteur on recent measures taken to improve recognized deficiencies in the
          prison system. These measures include increasing the physical capacity of the
          penal system through the reform and enlargement of existing detention
          facilities, as well as the construction of 52 new prisons, all as part of the
          Ministry of Justice's “zero deficit” initiative. In relation to training law
          enforcement officials, the Government indicated that this is an area which is
          receiving special attention, and that it has been exploring possible avenues for
          international cooperation as a result. The Government further informed the
          Special Rapporteur of the adoption of a law allowing judges to impose
          alternative sanctions that could help further the reintegration of detainees
        
          
          E/CN. 4/2000/9
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          into society, as well as of treaties negotiated by the Government with third
          countries allowing the transfer of foreign prisoners to their State of origin.
          The Ministry of Justice has also launched a project called “Collective action
          for penal execution”, which establishes prison visits by public defenders
          charged with assisting poor detainees. In relation to improving health
          conditions in prisons, the Government indicated that the Ministry of Foreign
          Affairs and the Ministry of Justice had jointly created a commission to plan a
          comprehensive programme of prevention and treatment of sexually transmitted
          diseases among detainees.
          BulQaria
          UrQent a inieals and replies received
          158. On 22 March 1999, the Special Rapporteur sent an urgent appeal on behalf
          of Borislav Goutzanov, who had reportedly been detained at the Varna pre—trial
          detention centre since 19 January 1999. He was said to be detained in an
          unheated cell, to have to sleep on the floor and to be suffering from pneumonia.
          He was reportedly denied medical treatment.
          Burundi
          ReQular communications and replies received
          159. By letter dated 3 September 1999, the Special Rapporteur was informed
          that torture and ill—treatment are still widespread, particularly in police
          stations, for the purpose of extracting confessions. The methods used included
          beatings on the soles of the feet, genitals, knees and elbows with electric
          cables, truncheons and other objects; electric shock; scalding with boiling
          water; uncomfortable or humiliating positions and death threats, sometimes with
          mock executions. No investigation has ever been made of such allegations, and
          the courts reportedly accept confessions obtained through torture. The Security
          Police and the Special Investigation Brigade are allegedly at the root of many
          cases of torture, yet governmental, judicial and police authorities refuse to
          admit that such cases occur.
          160. The Special Rapporteur has also received information on inhuman and
          degrading detention conditions. The main problem appears to be overcrowding:
          some prisons such as those at Ngozi, Gitega and Mpimba reportedly house three to
          five times the nur er of detainees envisaged. More than 200 individuals
          allegedly died from January to April 1998 at Ngozi prison in the north as a
          result of malnutrition, overcrowding and lack of hygiene. Communicable diseases
          are very common. No means of subsistence are provided to the detainees. Many of
          them need medical care. Lieutenant Colonel Pascal Ntako, accused of taking part
          in a coup against President Buyoya, allegedly died in Muyinga prison around
          11 May 1997 for lack of medical care.
          161. Finally, the Special Rapporteur has been informed that rape is regularly
          practiced by members of the military. No steps to prevent such acts or to remedy
          their effects have been taken.
          162. The Special Rapporteur has likewise received information on the following
          cases.
        
          
          E/CN. 4/2000/9
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          163. Jean Minani was allegedly accused of killing a former mayor of Bujumbura
          and arrested in March 1995. He was reportedly interrogated in the Special
          Investigation Brigade, where he was violently beaten and ultimately confessed to
          the crime of which he was accused. He reportedly complained of this ill—
          treatment to the public prosecutor in August 1995. He was acquitted in October
          1998 after his lawyer demonstrated that his confession had been obtained under
          torture. Eleven other persons detained in connection with the same incident were
          also beaten.
          164. Etienne Mvuyekure, a former secretary—general of an opposition party, the
          Rasser lement du Peuple Burundais, was allegedly arrested on 2 November 1997 and
          executed shortly thereafter. He was reportedly arrested in the Rweza region,
          Kavumu Hill, BujurcJiura, by a commander of the Muyira military zone. He is said
          to have been beaten violently at the time of his arrest and then taken to the
          barracks known as Para. Battalion. No investigation has been carried out to
          date.
          165. Captain Protais Nzeyimana was allegedly arrested without a warrant on
          8 March 1997 at Ijenda by the corimander of the military brigade there. He was
          reportedly detained for five days. During his interrogation, he was beaten and
          threatened with death. He was then transferred to the National Documentation
          service and kept in solitary confinement. He was reportedly interrogated there
          several times by a military commission and beaten with various objects,
          including truncheons.
          166. Djamali Nsabimana was allegedly condemned to death on 12 February 1998
          after being found guilty of planting mines in BujurcJDura in March 1997, even
          though he stated he was tortured on several occasions in the military barracks
          of Bujumbura while being interrogated in the first three days after his arrest.
          He is reported to have been violently beaten on the head, back, legs and soles
          of the feet using machetes, rods and bayonets. He was allegedly stabbed above
          the knee and threatened with amputation of his legs if he did not confess his
          crimes. Finally, he was reportedly subjected to electric shock to the fingers
          and genitals. After three days of torture, he allegedly signed a confession.
          During his trial before the BujurcJiura Court of Appeals, he showed the marks of
          the treatment to which he had been subjected. The presiding judge nevertheless
          refused to order an investigation and based part of his ruling on the fact that,
          when Djamali Nsabimana first saw a judge, he had not complained of ill—
          treatment.
          167. On 31 August 1998, Appolinaire Nsengiyuma, Salvatore Nsavyimana and Serge
          Bizimana were allegedly arrested at their homes, in the Kinama and Kamenge
          sectors of Bujumbura, by soldiers accompanied by civilians. They were accused of
          involvement in opposition groups. All three were reportedly mistreated in the
          barracks of the Kamenge Third Operational Battalion. Appolinaire Nsengiyuma and
          Salvatore Nsavyimana were subsequently hospitalized around 9 September. Serge
          Bizimana, who suffered serious head injuries, was transferred to the Special
          Investigation Brigade on 12 September.
          168. Pascal Ntihabose, a mer er of the Front for Democracy in Burundi, was
          allegedly arrested in BujurcJiura after accusing a soldier of having ties with
          armed opposition groups. He was reportedly beaten at the time of his arrest and
          detained for several weeks by the security police at Kigobe in Bujumbura before
          being transferred to prison.
        
          
          E/CN. 4/2000/9
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          UrQent a inieals and replies received
          169. On 13 July 1999, the Special Rapporteur sent an urgent appeal jointly
          with the Special Rapporteur on extrajudicial, summary or arbitrary executions on
          behalf of Léonidas Hatungimana, Djamali Nsabimana, Ismail Hussein, Haruna
          Hamadi, Bosco Nyandwi, Saldi Nzanzurwimo and Pierre Nkurunziza, who were
          allegedly condemned to death in February 1998 by the Bujumbura Court of Appeals.
          They were reportedly indicted in connection with mine explosions in Bujumbura
          in 1997. In order to extract incriminating confessions from them, they were
          allegedly tortured. During their trial, the marks of the ill-treatment to which
          they had been subjected were clearly visible but, it is said, this fact was not
          brought up during the trial. The rulings were upheld on 29 March 1999 by the
          Cassation Chamber of the BujurcJiura Supreme Court. The seven people mentioned
          above are currently detained in apparently overcrowded punishment cells in the
          Mpimba central prison at BujurcJiura.
          170. On 5 October 1999, the Special Rapporteur sent an urgent appeal on behalf
          of Déo Nzeyimana and his wife, Georgette Mpawenimana, who have allegedly been
          detained in the Special Investigation Brigade of BujurcJiura since 26 September
          1999 and are being deprived of food in order to punish them and obtain
          confessions. Georgette Mpawenimana, who is involved in a corimunity
          reconstruction project financed by Switzerland and France, is reportedly accused
          of having links to the armed opposition. Both are allegedly mer ers of the Front
          for Democracy in Burundi. In addition, Déo Nzeyimana was struck on the soles of
          the feet.
          Cameroon
          ReQular communications and replies received
          171. By letter dated 8 Nover er 1999, the Special Rapporteur reminded the
          Government of a number of cases transmitted in 1998 regarding which no response
          had been received.
          UrQent a inieals and replies received
          172. On 2 June 1999, the Special Rapporteur sent an urgent appeal on behalf of
          Abdoulaye Math, a lawyer, Semdu Soelay and the members of the Movement for the
          Defence of Human Rights and Freedoms (MDDHL) of Maroua, whom he had met on
          17 May 1999 during his fact-finding mission to Cameroon. At that time they gave
          him information on an anti—gang unit based at Maroua and headed by Colonel Pom.
          On 28 May 1999, it is reported, several members of the anti—gang unit got out of
          three trucks and, under Colonel Pom's direction, surrounded the house of
          Mr. Math, who had taken refuge with a neighbour. The units were reportedly
          posted in sniper position around Mr. Math's house all night. On the night of
          29 May 1999, the units allegedly took up the same position around the house of
          Mr. Math's associate, Semdu Soelay. Fearing for his life, Mr. Math fled to
          Yaoundé, where he was to be joined by Semdu Soelay. According to the information
          received, the police are searching for them in various hotels in that city.
          173. On 26 Nover er 1999, the Special Rapporteur sent an urgent appeal jointly
          with the Special Rapporteur on extrajudicial, summary or arbitrary executions on
          behalf of Tchar ou, a member of the MDDHL of Maroua, who was allegedly arrested
          on the morning of 21 November 1999 by police officers and members of the anti—
          gang brigade. He was detained at the police station before being transferred
        
          
          E/CN. 4/2000/9
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          that afternoon to the anti—gang detention centre at Palar, where he has since
          reportedly been held incommunicado. The reasons for his arrest are not known but
          would appear to be connected to his activities as a human rights defender.
          Follow—un to previously transmitted corimunications
          174. By letter dated 7 April 1999, the Government replied to the urgent appeal
          sent by the Special Rapporteur on 11 Nover er 1997 (see E/CN.4/1998/38/Add.1,
          para. 48) concerning mer ers of the Social Democratic Front. According to the
          Government, Thomas Fefe and Justin Fokan were arrested on 8 October 1997, while
          distributing pamphlets calling on the population to boycott the elections, and
          were taken to central police headquarters, from which they were released after
          12 days of preventive detention. The Government denied the allegations of
          torture.
          175. By letter dated 8 April 1999, the Government replied to an urgent appeal
          transmitted by the Special Rapporteur on 9 Decer er 1998 (see E/CN.4/1999/61,
          para. 105) on behalf of Michel Michaut Moussala. It confirmed that he had been
          convicted on 13 January 1998 of dissemination of false information and
          defamation. The ruling was appealed by the accused, who has been provisionally
          released while the substance of the case is being considered. The Government
          indicated that Michel Moussala regularly received the necessary medical
          treatment during his stay in prison and that his physical or mental integrity
          has not been violated.
          Observations
          176. The findings of the Special Rapporteur on his visit to Cameroon, which
          fully justify the concern of the Human Rights Committee “about the continued
          practice of torture” (CCPR/C/79/Add.116, para. 20), may be found in Addendum 2
          to the present report.
          Chad
          ReQular communications and replies received
          177. By letter dated 3 September 1999 sent jointly with the Special Rapporteur
          on the promotion and protection of the right to freedom of expression and
          opinion, the Special Rapporteur informed the Government that he had received
          information on the following case.
          178. Sosthène Ngargoune, president of the Chadian Journalists' Union, was
          allegedly beaten by members of the Armed Forces of the Federal Republic (FARF)
          when they joined State security force members he was interviewing on 25 October
          1997 at the Moundou police station. He was reportedly threatened with death and
          accused of having ties to the leader of the FARF. His photographic equipment and
          recording device were confiscated. He had already been arrested on 14 May 1998
          and accused of defamation and calumny following the publication in his
          newspaper, N'Djamena Hebd , of an article in which he described mer ers of the
          military as highway robbers who enjoyed the complicity of the local
          administration and in which he denounced extrajudicial executions. He was freed
          on 12 June 1998.
        
          
          E/CN. 4/2000/9
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          179. By letter dated 8 Nover er 1999, the Special Rapporteur reminded the
          Government of a number of cases transmitted in May 1997 regarding which no reply
          had been received.
          UrQent a inieals and replies received
          180. On 16 August 1999, the Special Rapporteur sent an urgent appeal on behalf
          of Souleymane Garfa and AhmadaI Sabre, who are allegedly mer ers of the National
          Alliance for Resistance (ANR) , an armed opposition group. They were reportedly
          arrested at El Djenenah in Sudan on 27 July 1999 and deported around 3 August
          1999. They are currently being detained by the commander of the Second Military
          region at Adre.
          Chile
          ReQular communications and replies received
          181. By letter dated 8 October 1999, the Special Rapporteur transmitted to the
          Government information on the following cases.
          182. Marcelo Gaete Mancilla, Ramón Escobar Diaz, Patricio Gallardo Trujillo,
          Renü Daniel Salfate Osorio, Marcos Andrade Sanchez, Jaime Pinto Angloni,
          Guillermo Ossandón Canas, Pedro Rosas and 46 other political prisoners were
          subjected to torture and ill—treatment, according to the information received
          and described below. On 5 February 1999, following an incident involving an
          inmate, José Luis Medina, and a guard in the Colina I high—security prison, a
          confrontation occurred, leading the prison staff to fire small—calibre bullets
          and tear gas at the other prisoners in Mr. Medina's block. A guard is said to
          have hit prisoner Marcelo Gaete Mancilla in the head with a tear gas bor and he
          was carried away, unconscious, by two other prisoners. As a repressive measure,
          the cells in block J were opened up and the prisoners were awakened with tear
          gas, handcuffed and subjected to death threats. They were dragged from their
          cells and members of the Special Prison Anti—Riot Brigade formed a “dark alley”
          (lines making a corridor through which prisoners were kicked, punched and beaten
          with sticks) . An electric rod was used on prisoner Ramón Escobar, while
          Guillermo Ossandón Canas was thrown down ten steps, sustaining corporal
          contusions, facial bruises and broken eyewear. Outside in the courtyard, the
          prisoners were forced to drop to the ground in the foetal position; they were
          again sprayed with tear gas and subjected to more beatings. They were then
          handcuffed: Mr. Pinto Angloni has the resulting scars. Mr. Andrade Sanchez and
          Mr. Gallardo Trujillo were allegedly held underwater in a plastic garden pool
          using the torture technique known as “submarine”. One of Mr. Rosas' arms was
          reportedly burnt with a cigarette butt. In the two hours the prisoners spent in
          the courtyard, they were able to identify Colonel Edmundo Letelier and
          Lieutenant Salcedo. A “dark alley” was once again formed, the prisoners again
          being subjected to the ill-treatment described above, and they were headed
          towards trucks, in which the majority was transferred to Colina II prison. Upon
          their arrival, anti-riot personnel again put them through the “dark alley”
          treatment. Mr. Salfate Osorio, who was transferred to a prison in the town of
          Antofagasta, was beaten, blindfolded and kept tied up for over six hours. The
          lawyers for the persons detained in Colina II were not allowed in until
          8 February 1999. Relatives and independent medical staff were denied access. The
          prisoners were reportedly examined by three police physicians; they recognized
          one known as Chiquito, who reportedly certified their injuries. The chairman of
          the Chilean Human Rights Committee, Jaime Castillo Velasco, was allowed in and
        
          
          E/CN. 4/2000/9
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          publicly attested to the injuries. On 12 February, an appeals court prosecutor,
          Raül Rocha, entered the prison, accompanied by two forensic scientists who
          corroborated the facts. A criminal court judge was assigned to the prison. The
          Director of the National Prison Service, Hugo Espinoza, the superintendent of
          high security units, Edmundo Letelier, Lieutenant Saldivia and those responsible
          for the crime of torture were indicted on two criminal charges. The appointment
          of the above—mentioned appeals court prosecutor was requested, but the
          appointment of an inspecting magistrate was refused. An application for the
          remedy of protection was made against the Director of the National Prison
          Service for denying entry to judicial prosecutors, and other applications for
          protection and am aro were lodged by relatives of the prisoners. In February
          1999, a ruling was handed down on the applications for am aro and protection; it
          was made public in June 1999. In the operative portion, the Court of Appeals
          acknowledged that the measures applied by the Chilean prison staff entailed
          “extreme repression” and caused “considerable injury, deviating from the
          procedures authorized by the regulations”. It concluded that “the conduct of the
          guards constituted an illegal and arbitrary action jeopardizing the right to
          life and physical integrity”. The Chilean Prison Service reportedly appealed the
          ruling in June 1999.
          183. The Special Rapporteur has also received information on violent acts by
          carabineros that have caused a number of deaths and serious injuries during
          public demonstrations. In this context, his attention has been drawn to the
          following cases.
          184. On 19 May 1999, during the days of student demonstrations in the city of
          Arica, carabineros in the Special Forces Unit made a violent entry into the
          headquarters in Santiago of the Christian Churches Social Aid Foundation
          (FASIC), a body devoted to the defence and promotion of human rights. The
          purpose was the unauthorized detention of three university students. FASIC's
          Executive Secretary, Claudio Gonzalez, was reportedly hit, kicked and shoved by
          the carabineros when he attempted to stop them from beating the students. FASIC
          has submitted a complaint for breaking and entering and physical assault on
          persons in its headquarters to the Under—Secretary of the Interior, the police
          station concerned and the Second Military Prosecutor's Office.
          185. Ulises Coque Roa, Miguel Alejandro Vergara Contreras and Sebastian
          Sanchez Vera, students at the University of Tarapacá, were reportedly beaten by
          carabineros on 1 June 1999 at the Ministry of Education. The events are said to
          have occurred while the students were participating in a peaceful demonstration.
          Three officers of the Carabineros Special Forces Unit allegedly punched and
          kicked Mr. Coque Roa, Mr. Vergara Contreras and Mr. Sanchez Vera when they were
          in the entryway of the Ministry of Education, with no attendant provocation by
          the students. Orlando Soto, representative of the students' federation,
          reportedly asked the officers involved to identify themselves. A captain from
          Santiago Police Station No. 1 who gave his surname as Rivero reportedly arrived
          minutes later and said the officers were not on his staff. He is said to have
          called the captain of the Carabineros Special Forces Unit, whose name is said to
          be Aldo Vidal Villegas, who ordered the officers to withdraw. They allegedly did
          leave the ministry building, while hiding their badges. The three students went
          for emergency treatment to El Salvador hospital, where their injuries were
          certified. They have brought criminal charges for the crime of torture.
        
          
          E/CN. 4/2000/9
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          UrQent a inieals and replies received
          186. On 23 March 1999, the Special Rapporteur transmitted an urgent appeal
          concerning Dante Ramirez Soto, an inmate at the high security prison, who
          urgently needed proper medical treatment. He and other inmates were reportedly
          subjected to torture during an altercation on 5 March 1999 between detainees and
          anti-riot personnel at the Colina I high security prison and the subsequent
          transfer of the majority of the inmates involved in the altercation to
          Colina II. Mr. Ramirez Soto, who was allegedly suffering from the severe after-
          effects of gunshot wounds sustained in December 1997, was reportedly punched and
          kicked at the precise locations of his earlier injuries, especially the head,
          and his arm was trampled upon. He was also allegedly sprayed with tear gas. He
          was transferred to the penitentiary hospital but is reportedly not receiving
          adequate medical treatment, nor is access permitted to a physician from outside
          the prison. By letter dated 31 May 1999, the Government replied to this urgent
          appeal.
          187. Concerning Dante Ramirez Soto, the Government indicated that he was
          treated for injuries received when he confronted police officers with a firearm
          during his apprehension by internal and external staff and after taking part in
          a hunger strike. He is currently awaiting surgery for the after—effects of
          injuries sustained during his apprehension and is under preventive detention by
          order of the Sixth Military Prosecutor's Office of Santiago which, in case
          No. 1191—97, is prosecuting him for infringement of Act No. 17798 on weapons
          control.
          188. Concerning Omar Hermosilla Mann, he is in preventive custody by order of
          the Fourth and Sixth Military Prosecutor's Offices which, in cases 94—97 and
          321—96, are prosecuting him for infringement of Act No. 18314. He is accused of
          belonging to a terrorist group and attacking carabineros. In case No. 44465—PL,
          he has been sentenced for robbery to five years and one day. During his transfer
          from the high security prison to the Colina penitentiary centre, he was
          accompanied by paramedical staff who carried out a general examination of all
          inmates after arrival at the centre. He is currently undergoing physical therapy
          and is in stable condition with no serious abnormalities.
          189. Concerning Pablo Contreras Olivos, the Government indicated that he has
          been placed in preventive detention by the Second and Fourth Military
          Prosecutor's Offices in cases Nos. 406—98, 140—98 and 94—97. He is accused of
          belonging to an armed combat group, stealing war materiel, illicit association
          and infraction of Act No. 17798. The Government indicated that paramedical staff
          were present during his transfer but he refused to be examined by prison
          physicians or forensic medical technicians, a fact which was communicated to the
          competent court.
          190. On 23 March 1999, the Special Rapporteur transmitted an urgent appeal
          concerning Omar Hermosilla Mann and Pablo Contreras Olivos, prisoners
          transferred on 6 February 1999 to the Colina II high security prison together
          with 50 other inmates. Mr. Hermosilla Mann was reportedly hit in the head on
          8 March 1999 by prison staff. Mr. Contreras Olivos is said to have been
          subjected to torture the same day. Both had definite physical after—effects that
          required urgent medical treatment.
        
          
          E/CN. 4/2000/9
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          Follow—un to previously transmitted corimunications
          191. On 25 April 1997, the Special Rapporteur sent an urgent appeal on behalf
          of Johnny Perez Torres, AndrCs Serrano Leiva, Dagoberto Contreras Llanes and
          Guillermo Saavedra Aguilera, who were reportedly arrested and tortured in early
          April 1997 (see E/CN.4/1998/38/Add.1, para. 66) . By letter dated 29 July 1997,
          the Government indicated that the case was in pre—trial proceedings closed to
          the public. Owing to the nature of the offences, the investigation was being
          carried out by both military and ordinary courts. An inspecting magistrate had
          been assigned to the investigation and the Under—Secretary of War had requested
          the State Defence Counselor to participate in the proceedings with a view to
          expediting them. For the above reasons, the Under-Secretary indicated that the
          entire proceedings were being carried out in accordance with the law, the rights
          of the accused were being upheld and no complaints of mistreatment had been
          lodged with the courts.
          192. By letters dated 22 Septer er 1997 and 29 October 1998, the Special
          Rapporteur transmitted to the Government information on alleged cases of torture
          in Chile. By letter dated 12 May 1998, the Government replied to the Special
          Rapporteur, giving the information outlined below.
          193. Elvis Arturo Valdés Henriquez is reported to have been arrested and
          tortured on 17 February 1996 by plain-clothes police officers. They allegedly
          burst into his mother's apartment and beat her and Rodrigo Valdés Henriquez, a
          disabled person. After being transferred to the Renca barracks, he was allegedly
          beaten and had to be taken to the Colina treatment centre, where he was
          reportedly found to have numerous injuries (see E/CN.4/98/38/Add.1, para. 65)
          According to the Government, Mr. Valdés Henriquez was arrested together with two
          other persons by detectives of Renca Investigative Police Station No. 10 while
          trying to flee with other individuals who had allegedly attacked the detectives
          with knives, stones, sticks and other objects. A detective was injured as a
          result of the incident. Because of the struggles that occurred during the
          detention, Mr. Valdés Henriquez and another prisoner were found to have minor
          injuries when they were taken to the emergency service of San José hospital.
          Bladed weapons and other objects having been found on them, the three detainees
          were handed over to Santiago Criminal Court No. 19. In August 1996, this court
          ordered an investigation of allegations of torture during their detention by
          Department V, “Internal Affairs”. The Department's report confirms the facts
          outlined above. It is said that on 20 January 1996, Mr. Valdés Henriquez had to
          have treatment at the Colina centre, where injuries different from the minor
          ones observed in the hospital on the day he was arrested were discovered. On
          8 July 1996, a report by the forensic medical service corroborated that
          diagnosis. There were no indications that the new injuries might have been
          caused by incidents postdating his apprehension in a public place and the court
          dismissed the case and closed the file in July 1997. Mr. Valdés's mother has
          brought charges for irregularities in the search and arrest of mer ers of her
          family by Department V, “Internal Affairs”. This Department launched an
          investigation which, in April 1996, found that no member of the institution bore
          any responsibility, and this was endorsed by the institutional legal
          administration. The Government provided this information in its letter of
          10 February 1999.
          194. In the same letters, the cases described below were transmitted; the
          Government responded by letter dated 25 March 1998 (for all of these, see
          E/CN.4/1998/38/Add.1, para. 65).
        
          
          E/CN. 4/2000/9
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          195. Julio Esperguel Santander was allegedly beaten on 31 December 1995 by two
          carabineros from motorized units. The Government indicated that following
          preliminary investigation, proceedings were under way for the offence of
          excessive force. It provided this information in its letter of 10 February 1999.
          196. Juan Pablo Contreras Mondaca was reportedly detained and tortured by
          carabineros of the Retén Pomaire squad, Santiago, on 14 April 1996. The
          Government indicated that he was detained for being in a state of inebriation
          and was released on 15 April 1996, having submitted no complaint and having paid
          the fine imposed by the Melipilla First Criminal Court before which he appeared
          on the day he was taken into custody. Subsequent inquiries revealed that on
          16 April 1996, Mr. Contreras Mondaca went to the hospital, where minor injuries
          were diagnosed. The sequence of events on the dates mentioned above reveals that
          he was not subjected to violence at the initial examination, although
          proceedings were initiated for excessive force and were now at the pre—trial
          stage.
          197. Agustin Fegueroa Sepülveda and a friend were allegedly detained on
          10 August 1996 by carabineros, who took them to Police Station No. 34 in
          Santiago, where they were reportedly subjected to torture. The Government
          indicated that both individuals were taken into custody when robbing a bus. Both
          were injured during their arrest because they offered resistance. They were
          transported in the same vehicle in the presence of the driver, who stated that
          the police officers used only necessary and reasonable force. They were placed
          in preventive detention and taken to emergency clinic No. 4 in uñoa so they
          could receive medical care. They were found to have minor injuries and were
          transferred to Penalolén police barracks 43 and later to the preventive
          detention centre at Puente Alto, where they were brought before a court on
          11 August 1996. An internal investigation incorporating statements by the
          officers who took them into custody, the bus driver and the mother of one of the
          detainees showed that they were not subjected to torture or ill—treatment. On
          the administrative side it was determined that the second guard corps officer
          failed to note the cause of injuries in the guard book, although he did so in
          the police report, and for this he was reprimanded. In addition, the chief of
          the supplementary patrol failed to record the procedures used by the officers
          under his command and the time they went off duty: he was issued a warning. A
          charge of excessive force is currently in pre—trial investigations before the
          Sixth Military Prosecutor's Office of Santiago.
          198. Andrés Meléndez Sanchez was reportedly detained and tortured by
          carabineros on 11 Septer er 1996 in Santiago. The Government indicated that the
          complaint of ill-treatment lacked credibility in that it identified uniformed
          persons as being responsible, whereas the detention had been carried out by
          plain—clothes officers from Penalolén Police Station No. 43. According to the
          Government, the person concerned lodged the complaint in the belief that he
          would thereby diminish his own responsibility, but it had been reliably shown
          that institutional staff had inflicted no injury whatsoever upon him. By letter
          dated 10 February 1999, the Government indicated that a charge of excessive
          force was in pre—trial investigations before the Fourth Military Prosecutor's
          Office.
          199. Patricio Gana Valdés, arrested on 24 September 1996 by carabineros from
          Police Station No. 42 in Santiago, was allegedly tortured after being
          transferred to Police Station No. 41. According to the Government, the injuries
          he later suffered were caused when he fell while under guard in his cell. After
        
          
          E/CN. 4/2000/9
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          he fell, he was irimediately given aid. The officer in charge of the vehicle made
          available for the detainee's transfer to the Capitán Yaber Preventive Detention
          Centre refused to transport him in view of the fact that he was injured. For
          this reason, an ar ulance was called, and while the necessary papers were being
          signed, Mr. Gana Valdés again fell to the ground. He refused to get into the
          ambulance and was beaten inside the vehicle for offering resistance to the
          paramedical staff. He was taken to hospital, diagnosed as having
          “cerebroencephalic trauma with severe complications”, and discharged on
          26 November 1996. Following these events, the duty officer was reprimanded for
          not going to the guard room to determine for himself the cause of the detainee's
          injuries. The investigating officer of the Court of First Instance was given one
          day's service arrest as punishment for his delay in recording the charge of
          injuries, which slowed down the investigation. The same punishment was given to
          the first guard officer on duty on 24 September for not having sought medical
          assistance after the detainee's first fall. The corporal responsible for
          guarding the detainee was given fifteen days' service arrest as punishment. The
          charge of injuries brought by the spouse of Patricio Gana Valdés was dismissed
          and the case closed in April 1997, as the Government indicated in its letter of
          10 February 1999.
          200. Peter Carter Zamorano was allegedly detained and tortured by carabineros
          on 30 Septer er 1996. The Government indicated that, as reported by the guard
          officer concerned, he was arrested for drunken driving, had oral and dental
          injuries and his car was damaged. Because of his injuries, and in order to
          measure his blood alcohol content, he was taken to the emergency ward at San
          José hospital, and the relevant results were reported. The above information
          shows that the injuries were sustained before his detention. Mr. Zamorano
          preferred charges and the case is now in pre—trial investigations before the
          judicial authorities, with no personnel implicated in the proceedings. The
          Government provided these facts in its letter of 10 February 1999.
          201. Manuel Melipil Barrera, aged 16, was reportedly detained and tortured
          together with a friend on 11 October 1996 by carabineros in Santiago. According
          to the Government, inquiries have led to the attribution of responsibilities and
          the imposition of administrative penalties. The guard officer was given one
          day's service arrest for using force on a minor during arrest, failure to report
          the arrest and provision of false information in order to elude responsibility;
          the second patrol chief on duty was given four days' service arrest for high—
          speed pursuit of the vehicle in which Manuel Melipil Barrera was riding,
          jeopardizing the physical safety of third persons, firing three shots into the
          air without reporting the fact, replacing the munitions and giving false
          information; the driver of the van that pursued the vehicle was given three
          days' service arrest for high—speed driving and giving false information; and an
          accompanying carabinero was given three days' service arrest for giving false
          information. The proceedings initiated in connection with Manuel Melipil
          Barrera's charge of excessive force are in pre—trial investigations. In its
          letter dated 10 February 1999, the Government indicated that the case was not
          heard by the Military Prosecutor's Office owing to a procedural error that was
          not rectified in good time.
          202. Rigoberto Antonio Mallias Diaz was reportedly subjected to torture in
          December 1996 because he failed to perform a military manoeuvre correctly during
          his compulsory military service. The Government indicated that in May 1997,
          proceedings had been initiated in the Court of the Air Force and were in pre-
          trial investigations. An application for the remedy of protection on behalf of
        
          
          E/CN. 4/2000/9
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          Mr. Mallias Diaz was made to the Santiago Court of Appeals, but was rejected. In
          May 1997, he was dismissed from military service.
          203. Richard Busto Suárez was allegedly tortured by carabineros from Santiago
          Police Station No. 7 on 2 January 1997, when he went to give a statement about
          having been shot in the leg by carabineros the previous day. The Government
          indicated that during an operation, a number of persons attacked the
          carabineros, who used firearms for the purpose of intimidating them. Mr. Busto
          Suárez was one of those accused of inflicting minor injuries on an officer and
          damaging a police vehicle and had been wounded in the left thigh. Investigation
          of the facts revealed that the responsible officer had not reported all the
          necessary information on the events. For this he was given a warning. Other
          procedural errors were also detected, such as failure to note such circumstances
          as numerical inferiority, the nature of the sector's inhabitants and the low
          socio—economic level, which had combined with “the experience and impetuousness
          of an officer of second lieutenant rank” to create the conditions surrounding
          the events. Judicial proceedings had been brought before the Sixth Military
          Prosecutor's Office in Santiago and were in pre—trial investigations, with no
          corimittal order having been issued. The Government provided these facts in its
          letter of 10 February 1999.
          204. Marcos Sanchez Andrade was reportedly tortured by officers of the Special
          Prison Anti-Riot Brigade on 17 January 1997. The Government indicated that
          Mr. Sanchez Andrade and an officer were both injured when he assaulted the
          officer, who was taking him to a new location. He had been given medical
          treatment initially by health personnel of the establishment and, on 19 January,
          by staff of the central treatment facility. An internal investigation showed no
          responsibility on the part of prison staff. The Government provided these facts
          in its letter of 10 February 1999.
          205. Francisco Alberto Soto Pávez was allegedly assaulted on 30 April 1997 by
          mer ers of the Pudahuel Norte police force and suffered severe injuries. The
          Government indicated that an investigation had been launched into the police
          actions. Based on the testimony of neighbours who were present at the time of
          the events and by decision of the relevant prefecture, the officers involved
          were deemed to have made false statements in order to elude responsibility. For
          this they were given administrative sanctions: 30 days' arrest for two of them
          and 25 days' arrest for three others. Charges of excessive force brought before
          the Sixth Military Prosecutor's Office in Santiago were in the pre—trial
          investigation stage with no committal order having been issued against
          institutional staff. In its letter of 10 February 1999, the Government indicated
          that the Santiago Military Court was considering the possible combination of
          that case with another being processed by the Second Military Prosecutor's
          Office of Santiago.
          206. By letter dated 29 October 1998, the Special Rapporteur transmitted to
          the Government the cases of Oriana Guillermina Alcayaga Yepeda, Roxana Paz Cerda
          Herrera, Magdalena de la Angeles Gallardo Bórguez, Maria Angélica Medina Soto,
          Eugenia Victoria Mellado Reyes, Flora Luisa Pavez Tobar, Pilar Alejandra Pena
          Rincón, Doris Magdalena Ojeda Cisternas, Margarita Elizabeth Reveco Perez, Ana
          Maria Sepülveda Sanhueza, Giovana Tabilo Jara and Rosa Ester Vargas Silva,
          inmates of the Women's Guidance Centre in San Joaguin. They were allegedly
          subjected to torture on 15 July 1997 by members of the Santiago Prison Anti—Riot
          Brigade (see E/CN.4/1999/61, para. 112) . In its letter dated 10 February 1999,
          the Government indicated that it was the violent and aggressive reaction of the
        
          
          E/CN. 4/2000/9
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          inmates, who refused to comply with the Centre's locking-up hours, that had
          caused the minor injuries some of them had suffered in the struggle with prison
          staff. These facts were corroborated by the investigation ordered by the Prison
          Service. A woman police officer was reportedly also injured. The facts were
          brought before the Second Criminal Court of San Miguel on 16 July 1997.
          Observations
          207. The Special Rapporteur is grateful for the detailed and informative
          responses of the Government, including those by way of follow—up to his 1995
          visit (see E/CN.4/1996/35/Add.2 and Add.1 to the present report) . He welcomes
          the legal reforms that have taken place, especially the adoption of a specific
          offence of torture, the abrogation of the law permitting detention on suspicion
          and the strengthening of safeguards protecting the rights of persons deprived of
          liberty. He continues to believe that judges should not be authorized to order
          solitary confinement (incomunicación) for more than 48 hours and then only with
          safeguards to ensure the well—being of the detained person. He also continues to
          believe that it is essential to bring the carabineros under the civilian justice
          system in respect of acts committed against civilians.
          China
          ReQular communications and replies received
          208. By letter dated 15 November 1999, the Special Rapporteur advised the
          Government that he had received information on the following individual cases.
          209. Jingsheng Liu was reportedly detained on 28 May 1992 and sentenced on
          16 December 1994 to eight years in prison for leading a “counter—revolutionary
          group” and another eight years in prison for “counter—revolutionary propaganda”.
          He is currently being held at the Banbugiao Detention Centre. He has reportedly
          been held in solitary confinement since 1996 and is allegedly not in good
          health.
          210. Yang Liming, Yang Wenli and Zhang Wenging were reportedly arrested in
          December 1992 for burglary and murder in Wuwei city, Gansu province. Their
          confessions were allegedly obtained through 10 days of torture. Upon the
          confession of another individual to the alleged crimes, these three individuals
          were freed in February 1996.
          211. Yu Dongyue, an art editor of LiuyanQ Daily , was reportedly arrested on
          23 May 1989 for participating in pro—democracy demonstrations in Hunan. He was
          allegedly sentenced on 11 August 1989 by the Beijing Intermediate People's Court
          for “counter—revolutionary propaganda and incitement” and “counter—revolutionary
          sabotage”. He was allegedly tortured in Hunan Prison No. 3 at Lingling. He was
          allegedly held in solitary confinement in a tiny windowless damp cell for at
          least two years. The Special Rapporteur had already intervened on his behalf in
          1992. According to recent information received, Yu Dongyue is now held in
          Ruanjiang prison in Hunan, where he is allegedly showing signs of mental
          disturbance and of having lost control of some bodily functions.
          212. Chen Jinchang, Wen Shaorong, aged 15, Wen Shaorong, aged 15, and
          Yao Zekun were reportedly arrested in April 1995 in Fuyuan county, Yunnan
          province and were charged for the robbery and murder of a driver. Chen Jinchang
          was reportedly forced to kneel and was tied up with a wet rope. He was allegedly
        
          
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          forced to answer only “yes “ or “no” to the accusations against him and
          reportedly was beaten whenever he answered “no.” He allegedly admitted to the
          crime in order to stop the beatings. He was reportedly originally sentenced to
          death, but in May 1996, though his conviction was upheld, his death sentence was
          suspended. Wen Shaorong reportedly suffered a broken collar bone and a torn ear
          as a result of the torture he allegedly received while in detention. He is still
          in prison serving his sentence. Yao Zekun was allegedly read a pre—prepared
          confession and whenever he answered that it was not correct he was reportedly
          beaten. During his five days of detention he was allegedly given only two pieces
          of bread and nothing to drink. During the investigation, the Intermediate
          People's Court judges reportedly admitted that they had suspected the
          confessions had been obtained by force, but when they received a written
          response from the police denying that torture had taken place, they are reported
          to have been satisfied. Nevertheless, 10 policemen were reportedly disciplined
          for their part in the affair, four sacked, and one transferred.
          213. Fan Zhen, wife of Zhu Shengwen, former deputy mayor of Harbin, on behalf
          of whom the Special Rapporteur intervened in Septer er 1998 (see E/CN.4/1999/61,
          para. 115), was reportedly detained a few days after her husband's arrest, in
          October 1996. She was reportedly arrested without an arrest warrant by the
          Special Investigation Team (SIT) and charged with “hiding [ her] husband's
          crimes”. She was reportedly interrogated on the fifth floor of SIT headquarters.
          She was allegedly locked into a cast—iron chair called the laohudenQ , the “tiger
          chair”, for two days and was slapped and spit upon by three men reportedly
          interrogating her and asking her to confess her husband's crimes. She was then
          transferred to No. 2 Detention Centre in Harbin where she was detained in an
          overcrowded cell allegedly infested with rats and lice. She allegedly received
          inadequate food and was not allowed to speak to other inmates. She was not
          allowed to meet with her lawyers until five days before her trial on 16 June
          1998. She was reportedly sentenced on 19 October 1998 to one year and eight
          months' imprisonment at the Harbin Detention Centre.
          214. Abdul Helil, a Uighur man, was reportedly detained in the Kinjiang Uighut
          Autonomous Region after leading a demonstration in Gulja in February 1997. He
          was allegedly coerced with torture to confess to accusations against him and to
          denounce his friends. In mid—1998 he was reportedly held at the 4th Division of
          the Kinjiang Production and Construction Corps, a military institution.
          215. Zhou Guiyi, Kiao Beizhou and Yu Li were allegedly beaten to death while
          in police custody, Kinzhou county in Hubei province, between April 1997 and
          February 1998. The families of these individuals reportedly received
          compensation for their loss. However, no legal inquiry has been reportedly made
          into the allegations.
          216. Dongjie Liu, a major in the China Air Force stationed in Changchun, was
          reportedly arrested on 11 August 1998. His wife was reportedly informed by
          police security officers that he had died on 13 August 1998. He was allegedly
          burned to death after being tortured by Chinese Air Force security officers and
          tortured with batons and electric shock. It is believed that he left a letter
          regarding the torture to which he was allegedly subjected. No death certificate
          was reportedly issued. In September 1998, Dongjie Liu's brother—in—law asked the
          Chief Prosecutor of Shenyang Air Force to open an inquiry, but the latter is
          reported to have refused. In December 1998, his brother—in—law was finally told
          that an investigation would be conducted. The findings of this investigation,
          which is said to have been conducted in February/March 1998, are the following:
        
          
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          the letter left by Liu exists, but has been lost by the security officers who
          handled the case and who are alleged to be the perpetrators; five other persons
          detained at the same time have provided written testimonies that they were
          severely tortured, but did not sue the Air Force. Therefore, the investigation
          is said to have concluded that the allegations of torture in the case of Dongjie
          Liu are unfounded. The case has reportedly been appealed to the Prosecutor's
          office of the Chinese Army. Dongjie Lie's family, in particular his wife, is
          allegedly constantly harassed by police officers.
          217. Cheng Meiying, a prominent Christian activist leader, was allegedly
          detained on 27 October 1998 in Wugang, Hunan province when she attended a
          national meeting of house church leaders. She was allegedly beaten by police
          officers with a water—soaked whip made of hemp rope and struck on her head with
          a heavy club. The beatings reportedly caused serious head injuries and resulted
          in loss of consciousness for three days. She was reportedly released on
          21 November 1998. Since her detention she has experienced memory loss.
          Allegedly, 70 other religious leaders were arrested on 27 October and on
          5 November 1998.
          218. The Special Rapporteur has also received reports regarding the alleged
          torture of Falung Gong practitioners who have reportedly been arrested since
          July 1999 and on behalf of whom he sent a joint urgent appeal with the Chairman-
          Rapporteur of the Working Group on Arbitrary Detention on 23 July 1999. It is
          alleged that most of the practitioners, including children and elderly persons,
          have been insulted and beaten by the police at the time of arrest and during
          their subsequent detention. Electric shock batons and a device called “Di Lao”,
          in which alleged victims' wrists and feet are shackled and linked together with
          crossed steel chains making it nearly impossible to walk or sit down, are said
          to have been used. In particular, the Special Rapporteur has received
          information on the three following individual cases.
          219. Zhao Jinhua was reportedly arrested on 27 September 1999 by the Zhangxing
          county police. She was allegedly beaten to death in police custody. On 7 October
          1999, she allegedly lost consciousness and was sent to the county hospital
          emergency room. She was then reportedly returned to the police where she was
          allegedly interrogated about her Falung Gong practices and tortured again,
          allegedly with police electric clubs. She is believed to have died the same day.
          An autopsy report by forensic doctors of Yantai City dated 8 October reportedly
          confirmed the presence of injuries, wounds and haematomas on many parts of her
          body, except the head, and revealed that her death was caused by beatings with
          blunt instruments.
          220. Practitioners from Hunan province were allegedly ill—treated at the time
          of their arrest. Yu Hanxin was reportedly arrested on 24 July 1999 by members of
          the Public Security Bureau of Yueyang city at his publishing enterprise, where
          books on Falung Gong were seized. It is reported that his feet were broken by
          the assistant director of the Yueyang Public Security Bureau at the time of
          arrest. Li Juhua was reportedly arrested on 25 July 1999 by mer ers of a local
          Joint Defence Team, who allegedly raped her. Zhou Zhi, from Dichen district,
          Chande city, had his home allegedly ransacked on 25 July 1999. He was allegedly
          severely beaten at that time. Yang Junhua was beaten and injured by No. 7 Joint
          Defence Team of Kiangtang city on 26 July 1999.
          221. Kiao Hong Zhang was reportedly arrested on 9 September 1999 and chained
          back to back with another Falung Gong practitioner for 23 hours, during which
        
          
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          time they were allegedly denied food, sleep and to go to the toilet. From 10 to
          14 Septer er, they were reportedly individually handcuffed in the back in such a
          position that they were unable to lie down in order to sleep.
          222. Concerning the situation in Tibet, the Special Rapporteur has received
          information on the following individual cases.
          223. Ngawang Kyonmed, who was taking care of a shrine in the Drepung complex
          in Tibet, and Samdrul, both monks, were reportedly arrested in Septer er 1998 on
          suspicion of having prepared a letter addressed to the United Nations High
          Corimissioner for Human Rights, during her visit to Tibet in Septer er 1998. The
          letter is believed to express concern about the detention of the Panchen Lama,
          Gendun Choekyi Nyima, as well as details of the May 1998 protests at Drapchi
          prison which were mentioned in a corimunication by the Special Rapporteur dated
          3 September 1998 (see E/CN.4/1999/61, para. 116) . Ngawang Kyonmed was allegedly
          beaten severely and detained at the Gutsa detention centre in Lhasa. He were
          reportedly transferred to a prison. An urgent appeal was sent on their behalf on
          13 January 1999 by the Chairman-Rapporteur of the Working Group on Arbitrary
          Detention.
          224. Norbu, a 17—year—old monk from Nalanda monastery, was reportedly arrested
          along with three fellow monks on 25 February 1995, following a police raid on
          the monastery. He is said to have resisted the police who wanted to search
          fellow monks' rooms. He was reportedly taken to Phenpo County Public Security
          Bureau detention centre. He was reportedly transferred on 28 February 1995 to
          Gutsa detention centre in Lhasa city, where he spent almost a year in
          incommunicado detention. He was allegedly brutally interrogated by the prison
          guards and accused of hiding documents on Tibet's independence. He was then
          denied medical treatment, despite the fact that his health was constantly
          deteriorating during his detention. In particular, he is said to have sustained
          damage to his kidneys. When he was returned home, in February 1996, he was still
          in a very serious condition. He allegedly could not turn his head or bend one of
          his legs and could not speak properly anymore. He is said to have died at home
          in March 1999 from injuries sustained at the time of his arrest and
          interrogation.
          225. Tashi Tsering reportedly died in the first week of October 1999, while
          still hospitalized, allegedly due to the beatings he sustained at the time of
          his arrest. Security police officers of the People's Armed Police (PAP)
          reportedly beat him so badly that his hands and feet may have been broken and
          his arm fractured. His head was struck against the back of a vehicle and by the
          time he was dragged into the police van by security personnel he was unable to
          walk. It is thought that his head injuries contributed to his subsequent death
          in the Tibetan Autonomous Region police hospital, near Sera Monastery, where he
          had been immediately rushed. He is said to have been arrested soon after having
          lowered the Chinese flag in Potala Square and attempted to hoist the forbidden
          Tibetan national flag during the Minority Games, held in Lhasa, on 26 August
          1999.
          UrQent a inieals and replies received
          226. On 17 February 1999, the Special Rapporteur sent a joint urgent appeal in
          conjunction with the Special Rapporteur on extrajudicial, summary or arbitrary
          executions and the Special Rapporteur on the promotion and protection of the
          right to freedom of opinion and expression on behalf of Hemit Memet, Kasim
        
          
          E/CN. 4/2000/9
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          Mahpir and Ilyas Zordun, three young Uighur men, who had been forcibly returned
          from Kazakstan to the Kinjiang Uighur Autonomous Region (KUAR) on 11 February
          1999. They had been arrested while attempting to cross the border between the
          Republic of Kazakstan and the People's Republic of China. They were said to be
          suspected of involvement in “ethnic separatist activities”, and in 1998 a
          warrant to arrest them was reportedly issued by the Ghulja Municipal Bureau.
          227. On 14 June 1999, the Special Rapporteur sent a joint urgent appeal in
          conjunction with the Special Rapporteurs on the promotion and protection of the
          right of freedom of opinion and expression and on extrajudicial, summary or
          arbitrary executions on behalf of Zulikar Memet and Saydakhmet Memet, who had
          reportedly been detained in Urumqi, the capital of Kinjiang Uighur Autonomous
          Region (KUAR) in 1998 and February 1999, respectively. It was reported that they
          were accused of “assisting separatist terrorists” and arrested owing to the fact
          that they were brothers of Hemit Memet, who had been detained on 11 February
          1999 along with Kasim Mahpir and Ilyas Zordun, all reportedly accused of
          involvement in “ethnic separatist activities” (see above) . They had reportedly
          been moved from a prison in Urumqi to the public security police detention
          centre in the city of Gulja (Yining)
          228. On 1 July 1999, the Special Rapporteur sent an urgent appeal on behalf of
          Ngawang Choephel, who reportedly went missing in August 1995 when he was
          travelling through Tibet, tape recording traditional Tibetan folk music. He had
          reportedly been sentenced to 18 years' imprisonment for committing espionage. On
          19 May 1999, the Working Group on Arbitrary Detention declared his detention
          arbitrary. He was reportedly originally detained at the Nyari detention centre,
          in Shigatse, but has since been transferred to the Powo Tramo prison in Tramo
          county. His health has allegedly deteriorated since his imprisonment. In
          particular, since 16 August 1998 he has reportedly been vomiting blood and is
          suffering from tuberculosis and a gastric disease. A letter was reportedly
          written to the Higher People's Court in China requesting permission for him to
          have medical treatment, however no response was received.
          229. The Government replied on 15 December 1999 that in September 1998 the
          Kigaze Intermediate People's Court found Ngawang Choephel guilty of spying and
          on charges of separatism and sentenced him to 18 years' imprisonment, including
          four years without political rights. The Government further replied that, on
          appeal, the Tibet Autonomous Region Higher People's Court upheld the guilty
          verdict, after a closed hearing. The Government advised that the hearing was
          closed because the case involved State secrets. The Government further advised
          that he is currently serving his sentence in Bomi prison in Tibet. In relation
          to medical care, the Government replied that all offenders are entitled to
          receive free medical care, including annual check—ups, as well as timely
          treatment if they become ill. The Government reported that in October 1998,
          Ngawang contracted bronchitis, a lung infection and hepatitis and was treated at
          the prison hospital for over two months. He received a check—up in January 1999
          which found him to be showing signs of recovery and he is now recuperating with
          oral medication. The Government stated that as in the past, law enforcement
          authorities are providing every respect and protection of his rights.
          230. On 23 July 1999, the Special Rapporteur sent a joint urgent action in
          conjunction with the Chairman-Rapporteur of the Working Group on Arbitrary
          Detention on behalf of a large number of Falun Gong practitioners who had
          reportedly been recently arrested. Falun Gong is said to be an organization
          corimitted to the improvement of its practioners' physical and mental well-being
        
          
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          through exercise and meditation. The authorities reportedly banned the Falun
          Gong practice in public or private on 22 July 1999, and have accused the group
          of “engaging in illegal activities, advocating superstition and spreading
          fallacies”, as well as “jeopardizing social stability”. Since 20 July 1999,
          organizers of the group were detained in several cities, including Beijing,
          Tianjing, Nanchang, Harbin, Changchun, Tai Yuan, Shengyang, Benxi, Kinbin,
          Hengyang, Qinyuan, Wafangdian, Cangzhou and Shijiazhuang. Many persons have
          allegedly been beaten at the time of and after their arrest. More specifically,
          it was reported that Lu Shu Zhen, the mother of the Falun Gong founder, Li
          Hongzhi, had received death threats on 22 July 1999 from four non—uniformed
          mer ers of the Chinese State Security Bureau. Her sister, Li Ping, and her
          children, Li Mai Yi, Li Pao Yuan and Li Pao Man, were also threatened. They
          reportedly remain under house arrest with constant police surveillance. Since
          the early morning of 20 July, Li Chang, Ji Lie—wu, Qi Bao Lei (female) and other
          individuals have reportedly been detained in Beijing. In Dalian, the following
          men were reportedly arrested: Yu Kiao—de, Li Fang—jun, Yang Chuan—jun, as well
          as the following women: Guan Shu—Qing, Tang Qiao—yunin, Gao Chun—mei, Yang
          Li-ying, Tang Qiao-yun. In Shijiazhuang, Duan Rong-xin, Miao Ying-zhi, Wang
          Hong-bin, Kie Zheng-yuan, Ku Kin-mu, and Feng Kiao-mei (female) were reportedly
          arrested. Lu Wenjie and Wang Hongbin, two Falun Gong practitioners who were
          reportedly protesting the arrests at the Governmental Appeal Bureau in Dalian
          were allegedly beaten by four policemen who forcibly took them to the police
          station.
          231. The Government replied on 7 October 1999 that the Falun Dafa Research
          Society has not been legally registered: it engages in illegal activities,
          preaches superstition and heresy, deludes the masses and manufactures
          disturbances. The Government reported that the Chinese Ministry of Civil Affairs
          had determined, in accordance with the Regulations on the registration of public
          organizations, that the Falun Gong organization was illegal and resolved to ban
          it. Furthermore, the Chinese public service organs had taken coercive measures
          against the organization and individuals suspected of using the Falun Dafa
          Research Society to cause criminal disturbances to public order, who would be
          brought to justice as the law required. The Government reported that no beatings
          or ill—treatment had occurred as a result of the coercive measures taken. It
          reported that allegations of beatings, ill—treatment, torture and house arrests
          were sheer fabrications unrelated to the facts.
          232. In relation to Lu Shuzhen and Li Ping, the Government reported that on
          22 July 1999, Beijing municipal security organs visited Li Hongzhi's mother, Lu
          Shuzhen, and Li Ping to obtain information about Li Hongzhi's circumstances
          abroad. The Government reported that the meeting was amicable, civilized and
          law—abiding, and that no restrictive measures of any kind were taken.
          233. On 17 August 1999, the Special Rapporteur sent a joint urgent appeal in
          conjunction with the Special Rapporteurs on extrajudicial, summary or arbitrary
          executions and on the promotion and protection of the right to freedom of
          opinion and expression on behalf of Zulikar Memet, who had reportedly been
          sentenced to death on 25 July 1999 by the Ili Prefecture Intermediate People's
          Court, in the Kinjian Uighur Autonomous Region. He was allegedly accused of
          involvement in “ethnic separatist activities”. He reportedly told the court that
          his confession had been extracted under torture and showed the court the signs
          of the torture he had allegedly suffered, including finger nails which had been
          pulled off. His brother, Hemit Memet, as well as eight other unidentified
        
          
          E/CN. 4/2000/9
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          individuals, have also recently been sentenced to death. It is not known whether
          they have appealed these verdicts.
          234. By the same urgent appeal, the Special Rapporteurs informed the
          Government that they had received information according to which Zulikar Memet
          and Seidakhmet Memet, who was reportedly recently sentenced to six years'
          imprisonment, are in very poor health due to torture and the detention
          conditions at Yengi Hayat jail in Gulja (Yining) city, Ili prefecture. Hemit
          Memet was also reportedly held in harsh conditions of incommunicado and solitary
          detention at the Ili prefectural prison.
          235. On 25 August 1999, the Special Rapporteur sent an urgent appeal on behalf
          of Tsering Dorje, a Tibetan translator who had reportedly been detained with two
          foreigners, Daja Meston and Gabriel Lafitte, who were investigating the impact
          of a World Bank project. It is alleged that the three men were detained by
          Chinese State security officials in Kiangride on 15 August 1999. Gabriel Lafitte
          was reportedly released on 21 August, while Daja Meston was reportedly seriously
          injured when he jumped from the third floor while trying to escape from
          detention. Tsering Dorje reportedly remains in detention, although his current
          whereabouts are unknown. The Government replied on 7 October 1999 that Tsering
          Dorje had been employed by Daja Meston and Gabriel Lafitte from 11 to 14 August
          1999 to enter areas in Dulan county, Qinghai province which were not open to the
          public, to gather material for the conduct of illegal activities and to serve as
          an interpreter. He was questioned by the Qinghai province State security
          officers on 17 August 1999 and was assigned to home surveillance in accordance
          with the law on 18 August 1999. The Government further responded that he had
          made a confession and signed a statement of repentance, after which the Qinghai
          State security organs lifted the surveillance on 24 August 1999. The Government
          informed the Special Rapporteur that his rights were fully respected and
          protected and that no torture or ill—treatment took place. No information was
          provided on the other two persons referred to in the allegation.
          236. On 5 November 1999, the Special Rapporteur sent a joint urgent appeal in
          conjunction with the Chairman-Rapporteur of the Working Group on Arbitrary
          Detention on behalf of Geshe Sonam Phuntsok of Karze Dhargye Monastry, Agya
          Tsering and Sonam, three Tibetan monks, who had reportedly been arrested and
          detained on 24 October 1999 by officials from the Karze County Public Security
          Bureau on suspicion of involvement in political activities and contact with the
          exiled Tibetan Government. Their current whereabouts were unknown. In relation
          to this case, it was also reported that officials of the Public Security Bureau
          opened fire on 300 Tibetans during a peaceful demonstration demanding the
          release of the above—mentioned monks. At least 10 demonstrators were reportedly
          arrested, although their identities and the exact location of their detention
          were not known.
          Follow—un to previously transmitted corimunications
          237. By letter dated 24 February 1999 the Government responded to an urgent
          appeal sent by the Special Rapporteur on 10 December 1998, in conjunction with
          the Special Rapporteurs on freedom of opinion and expression, and on violence
          against women (see E/CN.4/1999/61, para. 126) . The Government indicated that
          Ngawang Sangdrol was sentenced in Nover er 1992 by the Lhasa Municipal
          Intermediate People's Court to three years' imprisonment, including one year
          with no political rights for committing actions that imperiled the security and
          unity of the State. The Government further replied that after she was admitted
        
          
          E/CN. 4/2000/9
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          to the Tibet Autonomous Region Prison she repeatedly engaged in separatist
          activities for which her sentence was increased by the court three times
          (June 1993, June 1996 and October 1998) to a total of 15 years' imprisonment and
          deprivation of political rights for three years. It indicated that she had
          refused to submit to discipline in prison, but that her rights were being fully
          respected, including the right to maintain health and to report any alleged ill
          treatment by prison staff to the Procurator's Office or court. The Government
          denied that she had been subjected to any beatings or ill-treatment by prison
          guards or that her physical condition was deteriorating. It replied that all
          prisoners received free medical treatment, including annual check—ups, and were
          given timely care in the event of illness. The Government also replied that all
          female inmates at the prison were supervised by female guards, and that the
          claim that Buddhist nuns are subjected to sexual violations was entirely untrue
          and malicious. In relation to alleged violent demonstrations inside Drapchi
          prison in May 1998, the Government replied that no such incidents had taken
          place. The Government stated that there had not been a demonstration by
          offenders since the Tibet Autonomous Region Prison was founded.
          238. Concerning Ngawang Choesom, the Government reported that there was no
          person named Ngawang Choesom at the Tibet Autonomous Region Prison.
          Observations
          239. By letter of 15 February 1999, the Government formally invited the
          Special Rapporteur to undertake a visit to the country in the second half of
          1999 or the first half of 2000. At the time of writing, the Special Rapporteur
          was still awaiting confirmation of specific dates that had been under discussion
          with the Permanent Mission of China.
          C 01 or i a
          UrQent a inieals and replies received
          240. On 16 April 1999, the Special Rapporteur sent an urgent appeal jointly
          with the Special Rapporteur on extrajudicial, summary or arbitrary executions
          concerning the indigenous population of Nasa, Paeces. According to his
          information, from 7 to 10 April 1999 there had been fighting on land and in the
          air, including borcJDings, between the ColorcJDian army and the guerrillas of the
          Revolutionary Armed Forces of Colombia (FARC) , which had endangered the civilian
          population of the indigenous community of Paeces, causing deaths, damage to
          property and displacement of indigenous families from the areas of La Maria, el
          Maco and la Mina in Jambaló and Villa Hermosa, San Juanito, Granadillo and
          El Carmen in Pioyá. The reservations in which the above—mentioned military
          operations were carried out were reported to be Caldono, Pioyá, Jambaló and la
          Aguada de San Francisco. Although the deceased could not be identified and their
          bodies could not be recovered, it was reported that around 600 peasants and
          indigenous persons had gathered in Pioyá and that 250 more families had been
          caught in the middle of the bombing and fighting, with no food whatsoever, owing
          to the controls imposed by the armed groups. Isidro Campo Ulcue and Rómulo
          Guetia Yatacue, two members of indigenous corimunities residing in the town of
          Jar aló on the Indian reservation of Jambaló, were allegedly arrested. They had
          both been in their homes when they were taken prisoner by the Third Brigade of
          the National Army during the confrontation that occurred in Vereda Solapa on
          10 April 1999, at 9 a.m. They were reportedly accused of collaborating with the
          guerrilla forces.
        
          
          E/CN. 4/2000/9
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          241. On 30 April 1999, the Special Rapporteur sent an urgent appeal jointly
          with the Special Rapporteur on extrajudicial, summary or arbitrary executions
          concerning the civilian population of the towns of Simiti and San Pablo,
          Bolivar. Since 12 April 1999, the ColorcJiian Army and Air Force and paramilitary
          groups had reportedly been carrying out military operations in those towns,
          pursuing guerrillas from the National Liberation Army (ELN) who were allegedly
          holding the passengers and civilian crew of an Avianca commercial aircraft. The
          situation was threatening the lives of civilians and causing the displacement of
          over a thousand persons.
          242. Since 13 April 1999, the two towns mentioned above had allegedly been
          surrounded by paramilitary groups who prohibited the distribution of medication
          and food to the civilian population. Heavily armed and uniformed paramilitary
          groups reportedly patrolled the streets of the capital, San Pablo, acting in
          collaboration with security forces. From 18 to 19 April, Ismael Rincón Sierra,
          Alfiodys Durán Rodriguez, Ernesto Fernández Botero and three other residents of
          San Pablo were allegedly tortured and killed by paramilitaries. Other persons
          are believed to have disappeared. The residents of San Pablo have allegedly been
          forced to attend meetings of the paramilitaries where they are informed that
          anyone on a black list, i.e., suspected guerrilla sympathizers, will be killed.
          They have also reportedly been threated with having to leave San Pablo if they
          do not make monthly payments to the paramilitaries. According to the information
          received, paramilitary groups may also be implicated in the killings of Américo
          N. Armando Mier Urueta and another resident of San Pablo whose bodies were found
          in Simiti.
          243. By letter dated 24 August 1999, the Government replied to this urgent
          appeal. Concerning Ismael Rincón Sierra, Alfiodys Durán Rodriguez and Ernesto
          Fernández Botero, it indicated that the bodies had been removed from the los
          Caguises sector by the police inspector of San Pablo on 19 April 1999, and
          according to the autopsy that was performed, the cause of death was injuries
          from a short—range weapon, the date of the murder being established as 18 April
          1999. The Government indicated that the Office of the Municipal Attorney of San
          Pablo was unaware of the motives and identity of those responsible. Regarding
          Mr. Mier Urueta, the Government indicated that it had no knowledge of his
          killing, as there was no report by the municipal police inspectorate on the
          matter.
          Follow—un to previously transmitted corimunications
          244. On 6 June 1990, the Special Rapporteur transmitted to the Government
          corimunications received on alleged cases of torture in ColorcJiia. By letter dated
          30 January 1998, the Government provided information on the following cases.
          245. Emiro Bustamante was reportedly tortured by police officers on
          11 February 1989 in San Benito de Abad, Sucre. The Government indicated that the
          investigation had been halted for lack of sufficient evidence. Orlando Chamorro
          Medrano was allegedly tortured by members of the Administrative Department of
          Security (DAS) and of Battalion No. S of Corazal, Sucre, on 16 February 1989.
          The Government pointed out that on 16 October 1997, the Legal Office of the
          Administrative Department of Security had transmitted a communication indicating
          that it had no complaints from the victims in its files and that since it was
          hearing of the case for the first time, it would initiate the necessary
          inquiries.
        
          
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          246. On 29 March 1994, the Special Rapporteur transmitted to the Government a
          cornunication concerning Luis Francisco Rodriguez, who was allegedly tortured on
          4 August 1993 by members of National Army Mobile Brigade No. 1 in Puerto Rico,
          Meta (see E/CN.4/1995/34, para. 132) . By letter dated 10 November 1998, the
          Government indicated that the alleged acts actually dated back to 11 August
          1992. Proceedings had been instituted on 7 October 1992, the dates of the
          investigation having been registered at the Granada (Meta) police station. On
          22 May 1994, the investigation was halted for lack of evidence.
          247. On 10 May 1994, the Special Rapporteur transmitted an urgent appeal
          concerning Luis Antonio Tellez and Ayda Martinez, who were reportedly tortured
          on 1 May 1994 by members of the Judicial and Investigative Police Section
          (SIJIN) (see E/CN.4/1995/34, para. 134) . By letter dated 30 January 1998, the
          Government indicated that disciplinary charges had been brought against three
          police officers, including a captain, but that they were later exonerated
          through cumulative evaluation of the evidence.
          248. On 29 May 1995, the Special Rapporteur transmitted to the Government
          cornunications received on a number of alleged cases of torture and ill—
          treatment in ColorcJDia. On 30 January, 9 June and 31 July 1998, the Government
          transmitted to the Special Rapporteur the replies summarized below.
          249. Rosalba Segura was reportedly tortured and raped on 14 October 1993 by
          soldiers from the Reveiz Battalion in La Esmeralda, Arauguita, Arauca (see
          E/CN.4/1996/35/Add.1, para. 143) . The Government indicated that investigation of
          the case was being conducted by Military Court of Criminal Investigation No. 124.
          250. Orlando Rafael Pujia Giraldo was allegedly tortured by army personnel in
          January 1984 in Cartagena (see E/CN.4/1996/35/Add.1, para. 147). The Government
          indicated that on 16 February 1994, Court No. 28 was assigned by the Court of
          First Instance of Mechanized Infantry Battalion No. 6 in Cartagena to carry out
          preliminary investigations concerning a captain. The proceedings ended with a
          refusal order on 14 June 1994 when it was found that Mr. Pujia Giraldo had not
          been tortured by the captain who had been charged and because two physicians
          gave a diagnosis of drug dependency, a decisive factor in the lodging of the
          complaint.
          251. Alexander Penuela Sanabria was allegedly detained and tortured by mer ers
          of the SIJIN on 18 September 1994 in Barranguilla (see E/CN.4/1996/35/Add.1,
          para. 153, and E/CN.4/1997/7/Add.1, para. 105) . The Government indicated that
          while the Court of First Instance had ruled that the agents charged should be
          punished by withdrawal from service, the decision was overruled on appeal.
          252. Jaime Valencia Cruz was detained and allegedly tortured by mer ers of the
          National Army on 25 June 1993, in Buenos Aires, Cauca (see E/CN.4/1996/35/Add.1,
          para. 138) . The Government indicated that, according to investigations carried
          out by the Cali Regional Procurator's Office, the reasons for his detention were
          unlawful possession of two 9—rn handguns; his affiliation with the National
          Liberation Army (ELN) was also cited. When he was brought before the court he
          did not complain of torture. On 18 February 1994 he was convicted of resisting
          arrest and sentenced to 40 months' imprisonment with a suspended sentence in
          exchange for his confession. The Government provided these facts by letter dated
          10 November 1998.
        
          
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          253. Alba lAbia Esquibel and José Albeiro Ortiz were reportedly subjected to
          torture by members of the Jaime Rock Military Battalion on 5 October 1993 (see
          E/CN.4/1996/35/Add.1, para. 142) . The Government pointed out that on 28 October
          1997 the General Command of Military Forces in Colombia sent an official
          corimunication indicating it had no information whatsoever about the case. The
          Government stated that, in response to the Special Rapporteur's communication,
          it would undertake an investigation of the facts and transmit to him its
          results.
          254. Alvaro Martinez Ramirez was allegedly detained and tortured by officers
          of the SIJIN on 28 July 1995 in Bogota (see E/CN.4/1996/35/Add.1, para. 152).
          The Government described the progress of inquiries with a view to establishing
          the facts and identifying those responsible, sufficient proof not yet having
          been found.
          255. Alfonso Martin Boets was reportedly tortured during detention on
          23 February 1993 in Bogota by army personnel (see E/CN.4/1996/35/Add.1,
          para. 130) . The Government indicated that on 23 June 1994, the investigation was
          closed after preliminary inquiries by the Human Rights Division of the Attorney-
          General's Office.
          256. Gilberto and German Maldonado Escalante were allegedly detained and
          tortured in Cücuta, Norte de Santander, on 27 April 1993, by members of Army B—2
          (see E/CN.4/1996/35/Add.1, para. 134) . The Government indicated that charges had
          been brought on 7 August 1997 against an army captain and four soldiers as part
          of disciplinary proceedings before the Attorney—General's Office. Some of the
          charges relating to one of the soldiers were dismissed on 28 January 1998. As a
          result, the charges have had to be reformulated, and the proceedings are in the
          stage of evidentiary hearings.
          257. Nelson David Mora Angarita was reportedly tortured by members of the
          Revéis Battalion of the Armed Forces on 5 April 1994 (see E/CN.4/1996/35/Add.1,
          para. 150) . The Government indicated that the disciplinary proceedings that had
          been undertaken were closed on 20 April 1995 for lack of evidence.
          258. Miguel Enrique Fernández, Henry Vásquez Arteaga, oscar Hernán Jiménez San
          Miguel and Gerardo Silva Martinez were allegedly detained and tortured in
          Barrancabermeja by members of the Nueva Granada Battalion of the Armed Forces on
          21 July 1993 (see E/CN.4/1996/35/Add.1, para. 140) . The Government indicated
          that a disciplinary penalty was imposed on 2 April 1997 with the 60-day
          suspension from duty of an army lieutenant and the acquittal of a captain who
          had previously been inculpated by the Attorney-General's Office. The decision
          has been appealed.
          259. Jesus Antonio Jiménez, John Fredy Aguilar and Julio César Grisales were
          allegedly detained and tortured by police officers on 20 June 1993 in Medellin,
          Antioquia (see E/CN.4/1996/35/Add.1, para. 136) . The Government indicated that
          no investigation was carried out on the incident because the metropolitan police
          of Valle de Aburrá, which served as the investigating authority, found
          insufficient evidence for it.
          260. Cristóbal Ospina was reportedly detained and tortured by police officers
          on 16 July 1993 in Puerto Wilches, Santander (see E/CN.4/1996/35/Add.1,
          para. 139) . In its letter dated 30 January 1998, the Government stated that the
          Office of the Procurator—General had handed the case over to Military Criminal
        
          
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          Court No. 24 with full copies to the Armed Forces Division with a view to
          expediting the relevant disciplinary investigation. In its letters dated 9 June
          and 31 July 1998, the Government indicated that on 13 April 1998 it requested
          information on the case from the investigating authority (which, according to
          the two letters, is the Office of the Police Inspectorate) but had received no
          response, although such response had been said to be forthcoming.
          261. Olga Marina Restrepo Diaz was allegedly detained and tortured on 16 June
          1994 in Bogota by officers of the SIJIN (see E/CN.4/1996/35/Add.1, para. 151)
          On this subject the Government, which in its letter dated 30 January 1998 had
          announced that a disciplinary investigation was being undertaken by the
          Attorney—General's Office, indicated that the case had been closed on 14 January
          1997 for lack of evidence.
          262. Hugo Miguel Serrano Logreira was reportedly detained and tortured on
          5 October 1994 in Barranquilla by officers of the Administrative Department of
          Security (DAS) (see E/CN.4/1996/35/Add.1, para. 154) . The Government indicated
          that charges had been brought against 11 members of the Administrative
          Department of Security, Atlantic region, following an investigation carried out
          by the Attorney-General's Office. The tests requested by the accused prior to
          the ruling were being carried out in accordance with a decision of 12 August
          1997.
          263. José Edgar Acosta Quintero was reportedly tortured on 9 July 1994 in
          Ocana, Norte de Santander, by military personnel from Army Mobile Brigade No. 2
          (see E/CN.4/1996/35/Add.1, para. 155) . The Government indicated that, after
          preliminary inquiries, the Provincial Procurator's Department had halted the
          investigation by a decision dated 12 August 1997.
          264. In its letters dated 30 January, 9 June and 31 July 1998, the Government
          responded on the following cases transmitted by the Special Rapporteur on
          29 March 1994 and 29 May 1995.
          265. José Oliver Rincón Guillén, Luis Eduardo Rincón and Jesus Gabriel Pinzón
          were allegedly tortured by mer ers of Army Mobile Brigade No. 2 on 11 May 1993
          in San Calixto, Norte de Santander (see E/CN.4/1995/34/Add.1, para. 131). The
          Government indicated that criminal charges had been brought against a lieutenant
          and a second lieutenant of the army and were currently under investigation,
          which was in the stage of evidentiary hearings.
          266. In the same letters, the Government provided the replies outlined below
          on the cases transmitted by the Special Rapporteur by letter dated 16 Septer er
          1996.
          267. Paolo Rafe was allegedly tortured by members of the Anti—extorsion and
          Anti-Kidnapping Unit (UNASE) of the National Police on 8 August 1994 (see
          E/CN.4/1997/7/Add.1, para. 87). The Government indicated that no charge had ever
          been submitted to the Administrative Department of Security (DAS) in the case.
          Mr. Rafe was extradited on 25 August 1994 at the request of the Italian
          Government for falsification of public and private documents, following a
          medical examination which revealed no signs of torture.
          268. Martin Oyola Palomo is said to have been tortured on 22 May 1996 in
          Bogota by persons presumed to be connected with the Battalion of the
          Presidential Guard (see E/CN.4/1997/7/Add.1, para. 104) . The Government
        
          
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          indicated that following preliminary investigations, Infantry Battalion No. 37
          of the Presidential Guard had refrained from bringing charges on the grounds
          that “the disciplinary regulations for the armed forces had not been infringed,
          the investigation having failed to establish the occurrence of the alleged event
          or the responsibility” of agents of the State.
          269. Argeidis Cáceres Arciénaga, aged 14, was reportedly tortured by members
          of Mobile Brigade No. 2 on 19 November 1994 (see E/CN.4/1997/7/Add.1, para. 91).
          The Government indicated that according to an official communication from the
          General Command of the Armed Forces dated 28 October 1997, no charges had been
          brought, but preliminary investigations would be undertaken. The Government
          provided the same response on the case of Edy Enrique Goes Luna, also a minor,
          who is said also to have been tortured by mer ers of Army Mobile Brigade No. 2
          on 12 February 1995 (see E/CN.4/1997/7/Add.1, para. 93)
          270. Marco Albeiro Valencia Duque was allegedly detained and tortured by
          mer ers of the National Police and Armed Forces on 21 Septer er 1995 (see
          E/CN.4/1997/7/Add.1, para. 90). The Government indicated that during the police
          disciplinary investigation, insufficient proof had been found to clarify the
          facts and identify those responsible.
          271. Hermes Eli Quintero and Huber Arévalo are said to have been tortured by
          mer ers of Army Mobile Brigade No. 2 on 13 August 1994 (see E/CN.4/1997/7/Add.1,
          para. 88) . The Government stated that preliminary inquiries had failed to
          identify the State officials allegedly tied to the event. The same response was
          sent to the Special Rapporteur concerning the following persons: Marcelo Florez,
          Luz Marina Rios and Jairo Gallo.
          272. Alberto Castillo Lopez was allegedly tortured and murdered by military
          personnel attached to the Luciano D'Elhuyar and Los Guanes Battalions together
          with a number of paramilitaries on 26 November 1994 in Simacota, Santander (see
          E/CN.4/1997/7/Add.1, para. 92). The Government indicated that disciplinary
          proceedings against an army lieutenant were being carried out by the Office of
          the Attorney—General of the Nation. The Government gave the same response
          concerning another alleged victim mentioned in the proceedings, Aleixir Orozco
          Hernández.
          273. Dora Inés Sanchez is reported to have been tortured by military personnel
          of Los Guanes Counter—guerrilla Battalion No. 5 in Sabana de Torres, Santander,
          on 7 January 1995 (see E/CN.4/1997/7/Add.1, para. 99) . The Government indicated
          that an investigation was being carried out by the corimander of the battalion.
          274. Leonidas Basto Goyeneche was allegedly tortured by military personnel of
          Los Guanes Counter—guerrilla Battalion No. 5 on 4 February 1995 (see
          E/CN.4/1997/7/Add.1, para. 101) . The Government provided information on progress
          in the disciplinary investigation being carried out by the Inspectorate General
          of the Armed Forces, which was still under way.
          275. Jaime Gavarito Tirado, a minor, is said to have been tortured by members
          of a paramilitary group in Betulia, Santander (see E/CN.4/1997/7/Add.1,
          para. 79) . The Government indicated that a criminal investigation was being
          carried out by the appropriate prosecutor's office.
          276. Antonio Vicente Gonzalez Cogollo, Jorge Gutiérrez and others were
          allegedly tortured by staff of the military base at la Plata, Bermeja. According
        
          
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          to information provided by the Government, these cases are being heard by
          Military Criminal Court No. 24.
          277. In its letter dated 30 January 1998, the Colombian Government indicated
          that with respect to other cases of torture allegedly carried out by army staff,
          the Armed Forces Command sent an official corimunication to the relevant units
          urging them to expedite the appropriate investigations. The Government indicated
          its willingness to inform the Special Rapporteur of the results.
          278. In its letter dated 27 August 1999, the Government provided a response
          concerning one of the cases transmitted by the Special Rapporteur in his letter
          of 29 October 1999 (E/CN.4/1999/61, para. 166) . Concerning Gilberto Sanchez
          Gutiérrez, the Government indicated that the Office of the Attorney-General of
          the Nation advised it that no investigation whatsoever into torture by members
          of GAULA (Grupo de Acción Unificada por la Libertad Personal) was being carried
          out. It stated that proceedings were in progress in the case of Gilberto Sanchez
          Gutiérrez and that in the course of the investigation, Mr. Sanchez Gutiérrez had
          been taken into custody, together with Hober Quiroz Ovalle, John Jairo Santana
          and Gustavo Navarro Portillo, who were being questioned in connection with the
          accusations of torture.
          279. By letter dated 30 August 1999, the Government responded concerning the
          cases transmitted by the Special Rapporteur in his letter dated 29 May 1995
          (E/CN.4/1996/35/Add.1, paras. 131 and 137). Concerning Juan de Jesus Quiroga and
          Josefina Chamorro Rios, the Government indicated that the International Affairs
          Department of the Office of the Attorney-General of the Nation had informed it
          that the Office of the Coordinating Prosecutor for Civil and Criminal Circuit
          Courts in Arauca—Arauca had advised it that the cases were being heard by the
          main prosecutor's office in Saravena because Arauquita had jurisdiction.
          280. In its letter dated 27 Septer er 1999, the Government replied on the
          cases transmitted by the Special Rapporteur in May 1995 and October 1998.
          281. Concerning the cases of José Antonio Jiménez, John Fredy Aguilar and
          Julio César Grisales (E/CN.4/1996/35/Add.1, para. 136), the Government stated
          that the National Police had informed it that there were no grounds whatsoever
          for an investigation, since the detention had been carried out according to
          legal procedure and there was no evidence of torture. The Government further
          indicated that the Office of the Attorney-General was carrying out no
          proceedings, inquiries or investigations involving the above—mentioned
          individuals.
          282. With regard to the case of Ruben Dario Lopez Bustamante
          (E/CN.4/1996/35/Add.1, para. 133), the Government indicated that the Office of
          the Attorney-General of the Nation had advised it that Mr. LOpez Bustamante had
          indeed been detained by National Army personnel but was later released because
          he had been illegally taken into custody. The Attorney-General further indicated
          that Mr. LOpez Bustamante had not been able to make a statement freely, for
          which reason there was no record of torture, which was why no investigation was
          being carried out of his alleged ill—treatment.
          283. Concerning the cases of Jairo Massiol Cedano, José Henry Hinestroza,
          Elisabeth Ascanio Bayona, Eduardo Horminso Guillén Gonzalez and Juan Gonzalez
          Huber (E/CN.4/1999/61, paras. 160, 162, 153 and 157, respectively), the
          Government indicated that the Office of the Attorney-General of the Nation had
        
          
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          informed it that it was awaiting information from the prosecutor's offices of
          Cundinamarca, Chocó and Chaquetá, where the events in question took place, and
          would report thereon in due course.
          284. With regard to the case of Alberto Usma and a youth called Miguel
          (E/CN.4/1999/61, para. 150), the Government indicated that the National Police
          had advised it that, having requested information from the Offices of the
          Attorney-General of the Nation, the Public Counsel-General and the Municipal
          Attorney, it had been informed that there was no record of charges or
          investigations in the case. The Office of the Coordinating Prosecutor for
          Specialized Criminal Circuit Courts in Medellin, the Specialized Government
          Prosecutor's Units in Urabá and the prosecutor's office in Apartadó had likewise
          indicated that no proceedings were under way.
          285. In its letter dated 1 October 1999, the Government replied concerning one
          of the cases transmitted by the Special Rapporteur in his letter dated
          29 October 1998. With regard to Ramón Alfredo Jiménez Duarte (see
          E/CN.4/1999/61, para. 159), it stated that the Office of the Attorney—General
          had informed it that after reviewing the action taken in the case, it had not
          found sufficient evidence, owing to the state of the corpse's decomposition when
          it was discovered, to show that Mr. Jiménez Duarte had sustained minor but
          successive injuries before his death.
          286. By letters dated 7 October 1999, the Government replied on a number of
          cases transmitted by the Special Rapporteur in his letter dated 29 May 1995.
          287. Concerning Alvaro Martinez Ramirez (E/CN.4/1996/35/Add.1, para. 152), the
          Government indicated that the Office of the Attorney-General of the Nation was
          informed by the Terrorism Sub—Division of the Office of the Prosecutor for the
          Specialized Criminal Circuit Courts of Santa Fe de Bogota that Mr. Martinez
          Ramirez was under investigation for the crime of homicide with terrorist intent,
          and that the investigation had been handed over to the competent courts.
          288. With regard to the cases of Alba lAbia Esquivel and José Albeiro Ortiz
          (ibid., para. 142), the Government stated that the Office of Public Prosecutors
          in Santa Fe de Bogota was investigating both persons for the crime of resisting
          arrest and that no information on torture of any kind had been provided. The
          investigation had subsequently been handed over to the regional courts of Santa
          Fe and proceedings for the suspended sentencing of the two trade union members
          were under way. The Commander of the Sixth Brigade had indicated that they had
          been apprehended in line with legal procedures and that there was no charge to
          justify an investigation.
          289. By letters dated 7 October 1999, the Government provided responses on
          some of the cases transmitted by the Special Rapporteur in his letter dated
          29 October 1998.
          290. Concerning Hector Hernán Méndez and Raül Morales (E/CN.4/1999/61,
          para. 161), the Government indicated that no investigation of the crime of
          torture was being carried out by the prosecutor's office in Cundinamarca. The
          Office of the Prosecutor for Criminal Circuit Courts in Cáqueza—Cundinamarca had
          suspended the investigation because after a period of over 180 days, there was
          insufficient proof to implicate any given person.
        
          
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          291. Concerning Elisabeth Ascanio Bayona, Juan Abel Ascanio, Ana Dilia Perez
          and Ana Elida Bayona (E/CN.4/1999/61, para. 153), the Government indicated that
          the Office of the Attorney-General of the Nation had advised it that the Office
          of the Prosecutor in San José de Cucutá was working on an investigation,
          although so far it had not been possible to establish the authority or identity
          of those involved in the offence.
          292. By letter dated 13 October 1999, the Government provided a response on a
          case transmitted by the Special Rapporteur in his letter dated 29 October 1998.
          Concerning Julián AndrCs Valencia (E/CN.4/1999/61, para. 152), it indicated that
          the Office of the Attorney-General of the Nation had informed it that the Office
          of the Prosecutor for Specialized Criminal Circuit Courts in Call had found no
          offence of any kind against Mr. Valencia in the investigation carried out and by
          the same official legal corimunication had indicated that should additional
          information become available, a new inquiry could be undertaken.
          293. By letter dated 21 October 1999, the Government responded concerning a
          case transmitted by the Special Rapporteur in his letter dated 29 October 1998.
          With regard to Juan Gonzalez Huber and Eduardo Herminso Guillén Gonzalez
          (E/CN.4/1999/61, para. 157), the Government indicated that the Office of the
          Attorney-General of the Nation had informed it that the National Human Rights
          Division had launched an investigation and had ordered two preliminary steps to
          be carried out, for an expert opinion and to gather statements from witnesses.
          The Government would furnish information on the results.
          294. By letter dated 11 November 1999, the Government responded concerning one
          of the cases submitted by the Special Rapporteur in his letter dated 29 May
          1995. With regard to Olga Marina Restrepo Diaz (see E/CN.4/1996/35/Add.1,
          para. 151), the Government indicated that, having checked through the “SIGA”
          administrative management system, the Office of the Attorney-General of the
          Nation had informed it that no investigation whatsoever was being carried out.
          The Government indicated that the Attorney-General was requesting additional
          information in order to pursue an investigation.
          295. By letter dated 29 November 1999, the Government provided a response on a
          case transmitted by the Special Rapporteur in his letter dated 21 August 1992.
          Regarding Samuel Fernando Rojas Motoa (see E/CN.4/1993/26, para. 112), a mer er
          of the executive body of the Central Workers' Unit in the department of Valle
          del Cauca, the Government indicated that concerning the events of 4 June 1992,
          the Office of the Attorney-General of the Nation had advised it that Mr. Rojas
          Motoa was incarcerated in Medellin prison for the crime of resisting arrest. The
          Government further indicated that the competent prosecutor had repeated his
          request for the Office of the Prosecutor in Cartago—Valle to inform him whether
          a criminal investigation was being carried out there for the crime of torture
          involving Mr. Rojas Motoa, but that nothing had been found on the subject. The
          Government indicated that it would keep the investigation under review and
          provide information in due course.
          Observations
          296. The Special Rapporteur is grateful for the extensive, detailed and
          informative replies of the Government (see also Addendum 1 to the present
          report) . He considers the decision of the Constitutional Court, removing crimes
          against humanity from the jurisdiction of the military justice system, and its
          implementation to be a major positive development. The acceptance by Law 288 of
        
          
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          1996 of the principle of providing a direct right of compensation pursuant to
          findings of the Human Rights Committee and the Inter-American Commission on
          Human Rights is also highly laudable. He hopes that the draft reform of the
          Military Penal Code as described will soon enter into force. Nevertheless, he is
          constrained to note that, in respect of the numerous cases on which the
          Government has responded, only one investigation resulted in a sanction, namely
          the disciplinary sanction of suspension of duty for 60 days. This represents a
          clear continuation of the persistent problem of impunity for violation of human
          rights within the mandate of the Special Rapporteur.
          Democratic Republic of the ConQo
          ReQular communications and replies received
          297. By letter dated 4 October 1999 transmitted jointly with the Special
          Rapporteur on the promotion and protection of the right to freedom of opinion
          and expression, the Special Rapporteur informed the Government that he had
          received information on the following cases.
          298. Freddy Loseke Lisumbu—La—Yayenga, editor of the newspaper La Libre
          Afrigue , was reportedly arrested on 22 December 1998 in Place Victoire, in the
          Kalamu sector, by three mer ers of the national police, and taken by the
          Presidential Protection Unit (GSSP) to the “GLM” building in Gombé, where he was
          allegedly given 150 lashes with a whip. He is said to have then been
          interrogated on an article that was published that day in his newspaper. He was
          then taken to the President's chief of staff, who reportedly urged him to
          “collaborate” before any article was published, and then ordered him released.
          The Special Rapporteur on the situation of human rights in the Democratic
          Republic of the Congo mentioned the case in his complaints letter dated
          30 December 1998.
          299. Christophe Bintu and Bienvenu Kasole, two human rights defenders, are
          said to have been arrested on 12 January 1999 and released from the camp at
          Kokolo on 20 January 1999. They were allegedly beaten during their arrest.
          Mr. Bintu's arm reportedly bled for two days but he received no medical
          treatment. The Special Rapporteur on the situation of human rights in the
          Democratic Republic of the Congo mentioned the case in his complaints letter
          dated 15 March 1999.
          300. Jean—Baptiste Makoko, treasurer of the Lotus Group, a non—governmental
          organization concerned with human rights in Kisangani, was reportedly arrested
          on 10 December 1997 by three soldiers who beat him. He was allegedly accused of
          having photographed bodies of dead soldiers at Kisangani hospital and of working
          in the field of human rights. He was reportedly released without charge on
          16 December.
          301. Albert Gilbert Bosangi Yema, editor—in—chief of the newspapers L'Arme and
          L'Essor Africain , is said to have been arrested on 7 February 1998, allegedly
          because of a L'Arme article criticizing the arrest of Joseph Olengha N'Koy,
          president of a political movement called the Forces novatrices pour l'union et
          la solidarité (FONUS) . He was allegedly accused of jeopardizing State security
          and is said to have been taken to the Penitentiary and Reform Centre of
          Kinshasa, formerly Makala central prison. He is a diabetic and suffers from
          rheumatism, and his health has reportedly deteriorated during his incarceration.
          He was allegedly hit with truncheons after his arrest and is said to have been
        
          
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          sentenced by the State Security Court to one year's imprisonment on 1 June 1998.
          In December 1998, he was reportedly transferred to Kinshasa General Hospital for
          medical treatment.
          302. Désiré Rugemanizi, chief of Kabare, was reportedly arrested in January
          1998 together with several well-known individuals from Kivu du Sud for having
          criticized human rights violations in the region. He was allegedly tortured by
          mer ers of the National Intelligence Agency (ANR) in Bukavu before being
          released in February 1998.
          303. Floribert Chebeya Bahizire, president of the non—governmental
          organization La Voix des sans—voix, was reportedly beaten in his home by armed
          men in uniform in March 1998.
          304. Oswald Hakorimana, a human rights defender in the Kivu du Nord region,
          was allegedly beaten violently in March 1998 by soldiers who reportedly accused
          him of collecting information on civilian massacres.
          305. By letter dated 4 October 1999, the Special Rapporteur informed the
          Government that he had received information on the following two cases.
          306. Albert Nsinga reportedly died on 22 Decer er 1997 in a hospital in Kikwit
          after having been tortured. He was allegedly arrested on 11 December and beaten
          violently during his detention.
          307. Fifi Ngombo is also reported to have died, on 29 November 1997, after
          having been beaten and raped by soldiers while incarcerated in Kingoma prison in
          Kikwit. She was allegedly accused of having had an abortion and arrested in
          November 1997.
          UrQent a inieals and replied received
          308. On 12 January 1999, the Special Rapporteur sent an urgent appeal jointly
          with the Special Rapporteur on the situation of human rights in the Democratic
          Republic of the Congo and the Chairman/Rapporteur of the Working Group on
          Arbitrary Detention concerning Louis BotorcJiili Kalome, vice—president of the
          human rights defence organization Les Amis de Nelson Mandela (ANM) , who was
          reportedly arrested on 7 January 1999 and taken to Gendarmerie headquarters in
          Kinshasa, known as the “Circonscription militaire” or “Circo”. He was allegedly
          arrested in connection with his efforts to promote human rights.
          309. On 20 September 1999, the Special Rapporteur sent an urgent appeal
          jointly with the Chairman/Rapporteur of the Working Group on Arbitrary Detention
          concerning Merikas Wetemwami Katembo, a member of the Collectif des jeunes du
          Sud—Kivu, who reportedly “disappeared” on 8 September 1999. He was allegedly
          seen in the confinement cell of the Presidential Protection Unit in the area of
          Gor é, Kinshasa.
          310. On 6 October 1999, the Special Rapporteur sent an urgent appeal jointly
          with the Special Rapporteur on the situation of human rights in the Democratic
          Republic of the Congo concerning Urbain Nkwasandi, Rodolphe Matuka, Fidéle
          Mizele, Mafutu Kizola, Rufin Konda, Henri Mindele, Patrice Kulenguluka and
          several other persons whose names are not known to the Special Rapporteurs, all
          mer ers of the Parti Lumumbiste unifié (PALU) who were reportedly arrested on
          26 Septer er 1999 by the national police at the end of a political meeting held
        
          
          E/CN. 4/2000/9
          page 65
          in the Ngiri Ngiri quarter of Kinshasa on the situation of 76 PALU members being
          held incommunicado at the Penitentiary and Reform Centre (CPRK) in Kinshasa. The
          individuals arrested on 26 Septer er have allegedly been accused of violating
          the prohibition of political parties and are reportedly now being held in the
          confinement cells (formerly known as “Circo”) of the provincial police
          inspectorate in Kinshasa.
          311. On 7 October 1999, the Special Rapporteur sent an urgent appeal jointly
          with the Special Rapporteur on the situation of human rights in the Democratic
          Republic of the Congo and the Special Rapporteur on the promotion and protection
          of the right to freedom of opinion and expression concerning Kangundji Doudou, a
          lawyer, who was reportedly arrested in Lubumbashi (Katanga) on 15 Septer er 1999
          by mer ers of the security forces and taken the next day to the confinement
          cells of the National Intelligence Agency (ANR) , External Department, in
          Kinshasa, where he is allegedly being held in incorimunicado detention. He was
          reportedly arrested because of his relations with one of his clients, Eugene
          Kabongo Ngoy, who is allegedly also being held in incommunicado detention in the
          ANR confinement cells because of his supposed links with the rebels. The Special
          Rapporteurs also intervened on behalf of Léopoldine, reportedly arrested under
          the same circumstances and for the same reasons and allegedly being held in the
          ANR.
          312. On 7 October 1999, the Special Rapporteur sent an urgent appeal jointly
          with the Special Rapporteur on the situation of human rights in the Democratic
          Republic of the Congo and the Special Rapporteur on the promotion and protection
          of the right to freedom of opinion and expression concerning Feu d'Or Bonsange,
          music editor, and Kala Bongamba, printer, both employees of the newspaper
          L'Alarme , who are said to have been arrested on the morning of 27 September 1999
          in Kinshasa by soldiers of the 50th Division. They were reportedly detained in
          the private residence of a high—ranking military officer before being
          transferred during the night of 2 October to the building known as “GLM”, which
          is said to be an unofficial detention facility. The Special Rapporteurs also
          intervened concerning Clovis Kadda, director of the same publication, who was
          reportedly arrested on 22 September 1999 and interrogated in the military sector
          of Kinshasa concerning a member of his family who is thought to be one of the
          rebels. He was reportedly accused of fraternizing with the enemy and was
          tortured. He is said to have been released the next day and to be hiding for
          fear of a second arrest.
          313. On 8 November 1990, the Special Rapporteur sent an urgent appeal jointly
          with the Special Rapporteur on the situation of human rights in the Democratic
          Republic of the Congo concerning Masengo wa Kambamba, who was reportedly
          arrested on 23 October 1999 at the Mbuji—Mayi airport for owning a copy of a
          report on the human rights situation in the Kasai region published by a local
          human rights defence organization. She is reportedly now being detained by the
          National Intelligence Agency (ANR) in the same cell as Charles Mfwamba (see
          above)
          314. On 10 Nover er 1999, the Special Rapporteur sent an urgent appeal jointly
          with the Special Rapporteur on the situation of human rights in the Democratic
          Republic of the Congo concerning Sister Antoinette Farhi Mzigire, a nun working
          in Likasi, Katanga province, who runs the dispensary at Buluwo prison. She was
          reportedly arrested in Lubumbashi by ANR agents, interrogated at ANR
          headquarters in Katanga about humanitarian activities within the prison, and
          then incarcerated.
        
          
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          E/CN. 4/2000/9
          page 68
          327. Camille Kissakoula is said to have died in a police cell at Kinkala in
          Pool on 8 August 1998 because of the beating he received. He reportedly suffered
          a cerebral haemorrhage and deep back wounds.
          328. Jean—Paul Tsoumou, a customs inspector, is said to have died on
          24 November 1998 after being beaten so violently that his pancreas was affected.
          He was allegedly arrested for corruption in October 1998 in Pointe—Noire by
          mer ers of the security forces.
          329. Ngoma Dikamona and Igor Mayetely were reportedly beaten violently by
          mer ers of the security forces who were pursuing Ninja fighters in Kingouari, on
          the outskirts of Brazzaville, in October 1998. Other civilians, including Jean
          Kimounga and Pacôme Tchakaka, were allegedly injured.
          330. By letter dated 11 November 1999, the Government indicated that not only
          was the Head of State committed to the battle against torture, but also, that
          any act of torture or inhuman or degrading treatment was prohibited under
          article 8 of the Constitution of 24 October 1997. It emphasized that no one had
          yet appealed to the Congolese courts regarding the events outlined above, even
          though the country had legislation offering numerous guarantees of human rights.
          Specifically, the Government stressed the fact that under articles 28 and 29 of
          the Constitution, the competent courts were entitled to rule on any violations
          of fundamental rights and to take steps to repair the damage caused by such
          violations.
          331. The Government also pointed out that a number of violations had in fact
          been committed by mer ers of the militias that had run rampant during the period
          of tension and instability of the war in 1997 and in the armed attacks by
          militias in December 1998 and early 1999.
          332. Lastly, the Government informed the Special Rapporteur that the Republic
          of the Congo has recently begun the procedure for acceding to the Convention on
          Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
          Cub a
          ReQular communications and replies received
          333. By letter dated 12 October 1999, the Special Rapporteur informed the
          Government that he had received information on prison conditions that pointed to
          serious deficiencies in the treatment of prisoners which were especially grave
          in area of medical care, in terms both of lack of resources and of obstruction
          by the authorities of the work of physicians. Information was given about the
          resurgence in military camps of elements of the so—called military units for the
          promotion of production. Specifically, complaints have been received about
          precarious conditions in four units of the Youth Labour Army in Havana province;
          in the prison of Las Grimas and the labour camp of Minint in Placetas, Villa
          Clara province; in Matanera prison in Aguica, Colon; in the provincial prison at
          Holgin; and in Boniato penitentiary in Santiago de Cuba.
          334. Complaints have been receiving regarding the new structure of the
          provincial prison at Guantanamo. Soldiers (whose names are known to the Special
          Rapporteur) were identified as being responsible for the ill—treatment, by means
          of punishment cells, insufficient and badly prepared food, lack of medication
        
          
          E/CN. 4/2000/9
          page 69
          and medical treatment, negative religious counselling, threats, provocation and
          beatings, of persons claiming the status of political prisoners.
          335. With regard to political prisoners or prisoners of conscience, many
          expressions of concern have been received about the measures allegedly used
          against human rights defenders and journalists. According to the information
          provided, they are the object of special harassment by the authorities by means
          of arbitrary detention, threats, beatings and the imposition of severe
          penalties, especially on charges of “mutiny against the State” and “disrespect
          for the person of the Cuban President, Fidel Castro”
          336. By the same letter, the Special Rapporteur transmitted the following
          cases to the Government.
          337. Milagros Cruz Cano, a blind crusader for human rights, has allegedly been
          detained since 4 December 1998 under sub-human conditions in the psychiatric
          hospital of Havana. She was reportedly taken to the above-mentioned hospital
          after being brutally beaten by police officers at the La Maria Luisa station in
          retaliation for her shouting of pro—liberty slogans during a peaceful
          demonstration on 27 November that turned violent when security forces fell upon
          participants. After numerous attempts her mother succeeded in speaking with her
          and found evidence that her daughter had been subjected to ill-treatment. She
          also spoke with two physicians, one of whom reportedly said, “She is not in ill
          health but I can't let her go because this is a case referred by a police
          station, where the young lady is accused of creating a public scandal”
          338. Lázaro Constantin Durán, domiciled at Virtudes y Neptuno, Havana Vieja,
          is said to have been beaten on 10 Decer er 1998 by five unidentified individuals
          during the commemoration in Buttari Park of the signature of the Universal
          Declaration of Human Rights. On the morning of the same day, his mother's house
          was allegedly surrounded by members of State security forces, a situation that
          prevailed until 11.45 p.m., after Mr. Lázaro Guzmán had already been beaten.
          Also on 10 December, all persons trying to reach the house of Mr. Lázaro Durán's
          mother were intercepted. A savage beating was inflicted by State security agents
          on the activist Ernesto Gala Garcia in the vicinity of Buttari Park, where he
          was going to participate in the same commemoration of the fiftieth anniversary
          of the Universal Declaration of Human Rights.
          339. Pablo Fidel Cabrera Bishop was allegedly detained on 29 November 1998 and
          beaten by a police officer. He was reportedly kept in the cells of the National
          Revolutionary Police of Calabazar, Boyeros, in terribly overcrowded conditions.
          On 4 December 1998 he is said to have been sentenced by the court at Santiago de
          las Vegas to two years' assignment to residence for the offence of vagrancy.
          340. Juan Carlos Herrera Acosta was reportedly beaten by prison staff on
          10 October 1998, Cuban independence day, when he shouted “Down with Castro” and
          “Down with the Castro dictatorship”. He is reportedly being kept in the
          provincial prison of Guantánamo in solitary confinement and under harsh living
          conditions. Because of the beating he received he allegedly has an operable
          thoracic wound. Consideration was being given to transferring him to a high—
          security prison at Kilometre 8 in CamagUey province, although he resides in the
          Guantánamo region.
          341. Virgen Milagros Grillot was reportedly subjected to ill—treatment on
          27 August 1998 by two unidentified individuals in civilian dress. They
        
          
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          threatened her with abduction and she was taken from her workplace, located at
          the intersection of Carretera Central and Avenida de Céspedes, to the police
          station on Calle 10, Rpto. Zaldive, where the individuals identified themselves
          as police officers with the surnames Elmes and Oyles. Ms. Grillot is said to
          have been beaten by these officers even though she had a three-month-old girl in
          her arms. The reasons for the ill—treatment may be related to the revulsion she
          expressed when the same police officers mistreated a minor at the intersection
          of Carretera Central and Calle 8.
          342. Salvador Tamargo Jerez was allegedly subjected to a brutal beating by
          First Lieutenant Alcides Fajardo de las Mangas on 11 June 1998 at the prison
          known as Centro Tipico Las Mangas in Bayamo, Granma province. The lieutenant is
          said to have assaulted Mr. Tamargo Jerez with a stick measuring one metre long
          and three inches wide, causing a head wound that required six stitches. While
          the prisoner lay unconscious, he was reportedly kicked and his hand fractured
          with the stick described above. The events reportedly caused a nur er of anti—
          government placards to go up in the prison at dawn on 13 June 1998.
          343. In the same letter, the Special Rapporteur recalled a number of
          allegations submitted in 1995, 1996 and 1997 regarding which no reply had been
          received. The Government responded concerning some of these cases in its letter
          dated 27 October 1999 (see below)
          344. By letter dated 27 October 1999, the Government responded concerning some
          of the cases transmitted by the Special Rapporteur in 1999.
          345. Concerning the serious deficiencies in the treatment of prisoners, the
          Government indicated that access to medical treatment is a constitutional right
          accorded to every Cuban.
          346. Concerning units of the Youth Labour Army, it indicated that they
          constitute an honourable form of social service and that conditions are similar
          to those in other army units.
          347. The Government pointed out that Guantanámo prison and others throughout
          the country were inspected by the competent authorities and the Procurator—
          General's Office, something which made any type of ill—treatment impossible.
          348. It indicated that the allegation of harassment of human rights defenders
          and journalists was without substance, because true human rights defenders had
          all the scope they needed for their activities through their participation in
          the Cuban Parliament.
          349. The Government further indicated that all guarantees of due process were
          provided. As for individual cases, it announced that it would carry out the
          necessary investigations.
          Follow—un to previously transmitted corimunications
          350. By letter dated 27 October 1999, the Government replied that the
          allegations of torture transmitted by the Special Rapporteur in 1995, 1996 and
          1997 were not substantiated in his report and that the rigorous investigations
          carried out demonstrated that they were false.
        
          
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          Observations
          351. The Special Rapporteur regrets that the Government has not provided the
          Special Rapporteur, and through him, the Commission, with the details of the
          organs, nature, methodology and case details of the investigations undertaken
          into the numerous cases transmitted to the Government over several years.
          Djibouti
          ReQular communications and replies received
          352. By letter dated 3 September 1999, the Special Rapporteur informed the
          Government that he had received information on conditions of detention at Gabode
          prison in Djibouti that allegedly jeopardized the health and even the lives of
          prisoners there. They reportedly received little food and water and were held in
          overcrowded cells measuring two square metres. Many prisoners were said to be
          ill but a physician visited the prison only twice a month. Most prisoners,
          particularly those mentioned below, had been denied transfer to hospital for
          proper medical treatment. Abdi Houfanen Liban allegedly died on 12 March 1999
          for lack of appropriate medical treatment. Mohamed Daoud Chehem was reportedly
          losing his sight. Kamil Mohamed Ahmed allegedly suffered from partial paralysis
          of the face. Haissama Idriss Hamid, Aboubaker Mohamed Ayoub and Houssein Ali
          Mohamed Ayoub reportedly sustained gunshot wounds. Ali Ahaw Houmed also
          allegedly suffered gunshot wounds and had contracted tuberculosis. Farah Ali
          Rirache had pneumonia and Robleh Farah Arreh, malaria. Aden Hassan Houmed is
          said to have suffered gunshot wounds and paralysis of the right arm. Daoud Ahmed
          Ali reportedly suffered gunshot wounds and partial paralysis. A number of the
          prisoners allegedly went on a hunger strike in June 1998 to protest their
          detention conditions.
          Ecuador
          ReQular communications and replies received
          353. By letter dated 12 October 1999, the Special Rapporteur transmitted to
          the Government information on Victor Javier Icaza Olmedo. He was allegedly
          detained without judicial order in the city of Guayaquil on 2 February 1999 on
          the authority of a naval officer and by members of the Naval and Police Forces.
          During his transfer in a navy vehicle to the San Eduardo naval base, he was
          allegedly kicked and punched repeatedly. Upon arrival at the naval base he was
          reportedly hit in the chest and testicles. Family members and representatives of
          non—governmental organizations were prevented from visiting him on the day he
          was detained at the base. They reportedly found him at the preventive detention
          centre in Guayaquil on 3 February. He had allegedly not received medical
          treatment. On 4 February, the Sixth Criminal Court reportedly ordered the
          judicial police chief and an official from the preventive detention centre to
          release him. The order was not carried out until 7 February 1999. Following his
          release, Mr. Icaza Olmedo reportedly had to undergo surgery.
          UrQent a inieals and replies received
          354. On 10 March 1999, the Special Rapporteur sent an urgent appeal jointly
          with the Special Rapporteur on extrajudicial, summary or arbitrary executions
          concerning Washington Fernando Aguirre Freile, Christian Steve Ponce and Sergel
          Merino, who were allegedly detained on 18 and 19 February 1999 in connection
        
          
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          with the assassination of opposition parliamentarians Jaime Hurtado Gonzalez and
          Pablo Vicente Tapia Faingnago as well as Borja Nazareno. Mr. Aguirre Freile, who
          is currently undergoing treatment at the police hospital, is expected to be
          returned to military custody.
          Follow—un to previously transmitted communications
          355. By letter dated 14 April 1999, the Government responded on some of the
          cases transmitted by the Special Rapporteur in his letter of 5 November 1998
          (E/CN.4/1999/61, paras. 182-189).
          356. Concerning Victor Gonza Pena, Julio Calle Moscol and Anita del Rosario
          Sierra Rojas, the Government indicated that, after investigation by a special
          commission consisting of the Ministers of the Interior, Foreign Relations and
          Defence and the Attorney—General's Office, it was determined that information
          was available only on prior complaints to the Government and that there was no
          additional documentation substantiating or supplementing such information.
          357. The governmental commission found no information on the other five cases
          (E/CN.4/1999/61, paras. 184-188).
          E c wi t
          ReQular communications and replies received
          358. By letter dated 17 November 1999, the Special Rapporteur advised the
          Government that he continued to receive information according to which security
          forces torture and mistreat suspects. The methods of torture and ill—treatment
          reportedly include the following: detainees being stripped naked; hung by their
          wrists with their feet touching the ground or forced to stand for prolonged
          periods; doused with cold or hot water; beaten; forced to stand outdoors in cold
          weather; and subjected to electric shock treatment. Torture is reportedly used
          to extract information, coerce the victims to end their anti—government
          activities and deter others from such activities.
          359. Prison conditions are reported to be life threatening as a result of
          severe overcrowding and poor sanitary conditions. Medical services are also
          reported to be insufficient. These conditions reportedly lead to the spread of
          disease and epidemics. The use of torture and ill—treatment was also reported to
          be common in prisons. According to the information received, at least 11 persons
          died in prisons in the country during 1999 as the result of medical negligence
          on the part of prison authorities. The names of these persons are: Hassouna
          Gaber Abdel Latef, Magdi Mohammed Abdul Magsould Afifi, Sa'eed Mohammed Mohammed
          Fathi Abdul Aziz Pkdul Wahid PJidalla, Pku BaRr Sa'ad Mahmoud, Hamid Fathi Abdul
          Aziz, Ali Abdel Nasser, Fathi Ali Orman, Fathi Abdel—Aziz Ibrahim, Sa'eed Eid
          Mohammed Eid Adam and Mahmoud Nour Eddine.
          360. The Special Rapporteur has received several reports of the detention of
          hundreds of citizens in the largely Coptic Christian village of al—Kush in Sohag
          governorate, including relatives of suspects, women and children, during the
          investigation of a double murder of two Copts on 14 August 1998. The local
          Christians reportedly identified the killers as two Muslims from a nearby
          village, but the police are alleged to have detained over 1,000 Christians
          during the investigation. Individuals were allegedly given electric shocks,
          whipped and hung upside down. Several were reportedly hung from the ceiling for
        
          
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          entire evenings. The Special Rapporteur has received a list of hundreds who were
          allegedly tortured during the two-week period, including the following
          individual cases: Romani Boctor, aged 11, was allegedly tied to a ceiling fan
          and then the fan was switched on; Aresl Shaiboob was allegedly detained on
          17 Septer er 1998 and subjected to torture, including being hung upside down by
          his feet and beaten and tied to a chair and given electric shocks to sensitive
          parts of his body; Abdu Mikhael Miliki was allegedly held in detention without
          being charged and subjected to torture in order to force him to implicate Aresl
          Shaiboob. The police are also reported to have threatened to rape his mother.
          His mother, Resmiya Guirgis, and his two sisters, Nasra and Marzouka, aged 16,
          were also tortured with electric shocks and were threatened with having their
          clothes removed. Samira Ghattas Sergious was allegedly arrested on 15 August
          1998 and beaten with a bamboo rod; her husband was reportedly arrested at the
          same time and was allegedly subjected to electric shocks to his ears and
          fingers; their child (born in June 1997) , Gamal Moris Shukr—allah Murgus, is
          said to have received a bar oo rod blow on his back, which reportedly left a
          visible mark.
          361. The Special Rapporteur has also received reports alleging that the
          following seven individuals died in police custody as a result of torture:
          Mahmoud Fares reportedly died on 30 April 1998 as a result of torture while
          detained in a prison in Port Said. Gamal Mohammed Abdallah Mustafa reportedly
          died on 26 September 1998 as a result of torture during an investigation by
          police in the Cairo suburb of Ma'adi. Sa'eed Sayid Abdel Aal—Salim reportedly
          died on 17 April 1999 in El-Omraneya police station, Giza. Ahmed Mahmoud Mohamed
          Tarimam reportedly died on 21 July 1999 in El—Omraneya police station, Giza. Hany
          Kamal Shawky reportedly died on 21 April 1999 in El-Azbakeya police station,
          Cairo. Hamdy Ahmed Mohamed Askar reportedly died on 16 February 1999 in Al-
          Mansoura General Hospital, where he had been transferred from Mansoura I police
          station. Amr Salim Mohamed reportedly died on 17 July 1999 in El—Khosous police
          station, El—Khanka, Kalyoubeya governorate.
          362. The Special Rapporteur has received information on the individual cases
          surimarized below.
          363. Abdel-Hayy Mohamed Abu-Bakr was reportedly arrested at his home on
          6 February 1998 on charges of counterfeiting currency. He was allegedly taken in
          a police vehicle to the Aswam police station, where his clothes were stripped
          off and he was tortured while the police questioned him on the location of the
          counterfeiting device. He was allegedly blindfolded and then beaten with hands,
          sticks and whips; hot and cold water was poured on his naked body; he was given
          electric shocks on his penis, anus, toes and other parts of his body; he was
          suspended from a door with his legs and arms tied; and the police tried to
          insert something into his anus. He reportedly complained to the prosecution
          about his arrest and treatment on 14 February 1998. The Aswan Health Department
          recorded that bruises on his body had been caused by “collision with a solid
          body” and small grazes on the right hand were the result of electric shocks, and
          that the wounds were about a week or 10 days old. Although local organizations
          reported the incident to the Public Prosecutor and the Minister of the Interior
          on 16 Septer er 1998, the Chief Attorney General reportedly ordered the closure
          of the investigations into the allegations of torture.
          364. Yousif Sayid Mahmoud was allegedly tortured at the Kalyoub police station
          on 7 March 1998. He had reportedly gone to the police station to report the
          disappearance of his wife. He, however, was reportedly arrested and a police
        
          
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          assistant and three other police officers began to beat him. Two wires were
          allegedly clipped to each of his ears and then connected to what was described
          as looking like a telephone. When the telephone receiver rotated, he reportedly
          received an electric shock. His hands and legs were then allegedly tied and his
          feet were beaten with clubs. On the evening of the same day, his nephew, Mohamed
          Ismael Bakr, was summoned to the police station and was subjected to similar
          treatment by the same police officers. Following their release on the following
          day, they reported the torture to the Kayloub prosecution office. Forensic
          examinations ordered by the prosecution concluded that the wounds corresponded
          with what would result from direct contact with electricity. The Attorney
          General is reported to have decided to close the case, despite the findings of
          the forensic report.
          365. Fathi Basyouni Mohamed was allegedly subjected to torture by an officer
          of the criminal investigations unit of Kafr Al—Sheikh Security Directorate on
          9 June 1998. After being held for five hours, he was allegedly attacked by the
          criminal investigations officer and a number of detectives. They allegedly beat
          him with fists and sticks, and kicked him severely on the face and other parts
          of his body. As a result, he reportedly suffered a fracture of the left arm and
          visible bruises in several parts of his body. The head of the Lawyers Syndicate
          in Kafr Al—Sheikh reported the incident to the Kafr Al—Sheikh Prosecution
          Office.
          366. Mohamed Saeed Mohamed was allegedly detained and tortured by a police
          officer from Al—Zawya Al—Hamra on 12 and 13 June 1998. The police officer, who
          arrested him, was reportedly not satisfied when Mohamed gave him his passport
          and verbally assaulted Mohamed. When he objected to the verbal assault, the
          officer allegedly ordered guards to throw him in a police car and he was taken
          to the police station. At the police station he was allegedly beaten with
          sticks, kicked and tied to the falaka , a torture instrument used to facilitate
          beating on the feet. On 14 June he reportedly filed a complaint with the Public
          Prosecutor which was referred to the North Cairo Prosecution. An examination
          carried out on 15 June 1998 reportedly found that he had fractures to the jaw
          and teeth, bruises on the buttocks and face, beneath the right eye, and wounds
          on the left arm and leg.
          367. Sayid Abdalla Soliman was reportedly arrested on 6 September by policemen
          from the Basateen police station in front of his home in the Cairo district of
          Dar Al—Salaam. He, along with his mother, sister and brother, were allegedly
          taken to the Kars Al-Nil police station to be questioned about a theft with
          violence reported by a woman for whom his mother worked as a cleaner.
          Reportedly, when he was asked his whereabouts at the time of the theft, he
          stated that he was visiting a relative, Akram Mohamed Hassan in Al-alam City.
          The police then allegedly arrested Akram, his two brothers, Hani and Emad
          Mohamed Hassan, and took them to the Kars al—Nil police station. All of them
          were allegedly handcuffed, suspended from the door of the detention room and
          beaten on several parts of the body. It is further reported that Mohamed Ahmed
          Ali, the brother—in—law of Sayid Abdalla Soliman, was arrested. Moreover, on the
          following day the wife of Sayid Abdalla Soliman, Mervat Mohamed Hassan, was
          allegedly detained when she visited the police station to enquire about her
          husband. The police allegedly threatened her with rape, and attacked her to
          force her to make a confession against her husband. The police allegedly
          arrested two other relatives of the accused, and detained and beat them in the
          station to extract information from them about the theft. Nine of those arrested
          were subsequently released, reportedly on condition that they reported to the
        
          
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          station, while three were allegedly transferred to an unidentified place. The
          police chief denied the detention of any of the persons in the station when two
          lawyers made inquiries. The detention was also reported to the Chief Prosecutor,
          who the lawyers requested to visit the Kasr Al—Nil police station. Further, on
          11 Septer er 1998, notification was filed with the Attorney General of Central
          Cairo to investigate the incident and on 13 September notification was filed
          with the Public Prosecutor.
          368. Mostafa Gad Al—Karim Mostafa was allegedly subjected to torture in the
          Heliopolis police station on 15 September 1998. He and others were reportedly
          arrested and held by the investigation unit of the Heliopolis police station
          when a neighbour died of a heart attack during an argument between Mostafa and
          the neighbour. The police allegedly removed his clothes, tied his hands and legs
          and beat him on the feet after being tied to the falaka . The Heliopolis
          Prosecution Office reportedly examined his injuries on 16 September 1998 and
          ordered that he be examined by a forensic doctor on 21 September 1998. Further,
          notification was reportedly filed with the Assistant Public Prosecutor and a
          report was sent to the Attorney General, who reportedly referred the victim to
          the head of the Heliopolis Prosecution Office.
          369. Mahmoud Sami Mohamed, Rabba Atta Ibrahim, Nagwa Fadl Tawfeek and Shaaban
          Sami Al—Rayis were allegedly arrested on 10 October 1998 by police from the Al—
          Hawamdya police station in order to coerce them to give information on the
          hiding place of three fugitives, who were their neighbours, who had escaped from
          the police station. Mahmoud Sami Mohamed was held in detention from 10 to
          14 October and tortured in the office of the head of the investigation unit. He
          was allegedly blindfolded, his hands tied behind his back, beaten with sticks
          and administered electric shocks on several parts of his body. Further, one of
          the officers allegedly threatened to rape his wife in front of him if he did not
          speak. Medical reports issued by the Badrashein Hospital indicate that he
          suffered bruises on his right shoulder and arm, bruises on the left elbow,
          bruises on the right knee and thigh, a wound above the right wrist and bruises
          and marks on the back, beneath the neck. Rabha Atta Ibrahim was also allegedly
          held from 10 to 14 October and tortured in the office of the head of the
          investigations unit, reportedly in order to force her to give information about
          the whereabouts of the three fugitives. The police allegedly beat her on the
          feet with a stick after tying her to the falaka , cut her hair, punched her
          shoulders, kicked her and tied her hands and legs and gave her electric shocks.
          The medical report indicates that she suffered a bruise on the upper right arm
          and bruises and swelling on both knees. Nagwa Fadl Tawfeek was reportedly
          arrested on 10 October and taken to the police station where the police are
          alleged to have removed her head cover, beat her face with their hands, and then
          tied her legs and raised them while they beat her feet with a stick for
          approximately 15 minutes. She was then allegedly ordered to stand up and she was
          beaten on her head and entire body with a stick. Further, an officer allegedly
          attempted to remove her clothes and touch her breasts and threatened to rape
          her. Sahaaban Sami Al—Rayis, the brother of one of the fugitives, was reportedly
          arrested on 10 October and taken to the police station. He was allegedly beaten
          and kicked in the genitals when he was unable to provide information on the
          whereabouts of his brother. He was then allegedly taken to the investigation
          office, where he was blindfolded, his hands tied to the falaka , and an electric
          wire was connected to his body. Whenever he said he did not know where his
          brother was, the police allegedly connected the current. He was reportedly
          subjected to electric shocks for half an hour and then water was poured over
          him. All of the above—named individuals were reportedly released on 15 October
        
          
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          1998 and notification was filed with the Public Prosecutor, the Minister of the
          Interior and the Badrasheen Prosecution Office. On 18 October the Badrasheen
          Prosecution Office is reported to have begun an investigation of the allegations
          and ordered that the complainants be examined at the Badrashein Hospital.
          370. Zenhum Mohamed Badr was reportedly arrested on 29 July 1998 on charges of
          killing a girl in the village of Ghazal. He was reportedly questioned by a major
          at the electricity police station about the disappearance of a girl from the
          village on 22 July 1998. When he denied knowledge of her whereabouts,
          detectives, acting under orders of a major, allegedly removed his shirt, tied
          his hands behind his back and then tied him to a door for an hour with his legs
          were reportedly bound with his belt. He was then reportedly taken to the major,
          where he was suspended from the door for four hours before being subjected to
          electric shocks on his penis. He reportedly confessed to the crime, and when the
          body of the girl was not found, he was allegedly subjected to further beatings
          with electric cable and suspended. As a result of the torture, it is reported
          that he confessed a second time and took the police to a field where he stated
          he had buried the girl. When the body was not found, he was returned to the
          station and again beaten. On 2 August he was reportedly taken to the Public
          Prosecutor and made another confession, and then to the Al—Abadya prison in
          Damanhour. On 18 August the girl reportedly re-appeared. The major allegedly
          threatened to put him on military trial if he reported the torture and,
          therefore, he initially informed the prosecution that he had confessed because
          of low morale. He subsequently filed a complaint with the Keleen prosecution.
          His brother, Ibrahim Mohamed Badr was allegedly detained and taken to the
          telephone office in the village along with his mother and wife. They were also
          questioned about the disappearance of the girl and then taken to the Keleen
          police station where he was allegedly kicked and punched in front of his mother
          and wife to extract a confession of participating in the murder. He was then
          allegedly tied and beaten while suspended from a door. He, his mother and wife
          were then reportedly transferred to Damanhour police station. Another brother,
          Fouda Mohamed Badr was allegedly arrested when he went to visit his brother at
          the police station. It is reported that his hands were tied behind his back and
          he was suspended from the door of the room. He was then allegedly tied to a
          falaka and his feet were beaten. Later he was allegedly suspended for several
          hours by a wire from a tree in the station yard. He was then transferred to the
          Damanhour police station, where he was allegedly subjected to electric shocks.
          During the ill—treatment, police allegedly asked him to confess to murder.
          371. Shaaban Mohamed Abdel—Gawad allegedly died as a result of torture
          inflicted by police at the Kalyoub police station on 13 December 1998. The
          police reportedly arrested 21 people who were considered suspects in the murder
          of a 60—year—old woman in the village of Ramada. All were allegedly detained for
          four days and subjected to ill—treatment or torture to force them to confess or
          give information about the killer. Shaab Mohamed Abdel-Gawad was allegedly
          subjected to electric shocks, beaten and kicked. As a result of the torture, he
          reportedly confessed to the murder of the woman and theft of her gold but
          despite the confession, police reportedly continued to beat him with water hoses
          and give him electric shocks. Police officers allegedly attempted to bury the
          body of the victim without informing his family or the people of his village,
          but villagers reportedly intervened. Mohamed Sayid Mahmoud Eweida, who was
          amongst the 21 persons detained as suspects in the same murder case was
          allegedly subjected to torture by the police in Kalyouba police station. An
          electric wire was allegedly connected to his toe and another to his mouth, penis
        
          
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          and testicles. He was allegedly subjected to electric shocks and beaten for
          three hours to force him to confess to the murder and theft.
          UrQent a inieals and replies received
          372. On 29 January 1999, the Special Rapporteur sent an urgent appeal on
          behalf of Ahmad Hassan Badi'a, Ala' Hassan Badi'a, Yassir Hassan Badi'a, Magdi
          Fahmi and Muharimad Farag. On 11 January 1999, Ahmad Hassan Badi'a, Magdi Fahmi,
          Muhammad Farag and 12 other Egyptian men had reportedly been arrested in Kuwait
          and forcibly returned to Egypt. The Kuwati authorities had reportedly accused
          these men of subversive acts to destabilize the security and stability of
          Kuwait. They were reportedly being held at the State Security Investigation
          Department (SSI) in Lazoghly Square, Cairo. On 15 January 1999, Ala' Hassan
          Badi'a and Yassir Hassan Badi'a, brothers of Ahmad Hassan Badi'a, had reportedly
          been detained and were believed to be held at the SSI headquarters in Zaqaziq,
          Sharquiya province.
          373. On 2 February 1999, the Special Rapporteur sent an urgent appeal on
          behalf of Ibrahim Mohamed Ibrahim who was currently held at the Al—Istinaf
          prison, where he was serving a four—year sentence. He was allegedly suffering
          from a gangrenous lower jaw, due to a bullet with which he had been shot at the
          time of his arrest and that had not been removed. He was therefore reported to
          be suffering from purulent bleeding and constant fever, and from tuberculosis.
          He was allegedly denied appropriate medical care.
          374. On 9 February 1999, the Special Rapporteur sent an urgent appeal on
          behalf of Dr. Abdel—Monim Abu Al—Fotouh, the Secretary General of the Arab
          Doctors Union, who was reportedly suffering from arteriosclerosis, kidney
          problems and a stomach ulcer; Dr. Prof .Mohamed Al—Sayid Habib, a 56—year—old
          professor of Geology and head of the Faculty Club at Assyut, who was reportedly
          suffering from diabetes and chronic kidney problems; Khayrat Al—Shater,
          a 50—year—old engineer and head of the Board of Directors of Salsabeel Computers
          Company, who was reportedly suffering from a spinal deficiency;
          Dr. Prof. Mahmoud Ahmed Omar Al—Arini, the 73—year—old former Dean of the
          Faculty of Agriculture at Al—Azhar University, who was reportedly suffering from
          kidney problems and general health problems due to his age; and Mahmoud Abu
          Rayya, the 76-year-old head of the Personnel Department at the Arab League, who
          was reportedly suffering from kidney failure and general health problems due to
          his age. They were all serving sentences at the Mazrait Tora prison on charges
          of belonging to the Muslim Brothers Group. Their health conditions had allegedly
          been seriously deteriorating and they were allegedly being denied medical
          treatment.
          375. The Government replied to the urgent appeal on 27 Septer er 1999 with
          information on each of the five men.
          376. Concerning Dr. Abdel Moneim Abu al-Fotouh Abdel Hadi, the Government
          replied that he had been sentenced to five years' imprisonment with hard labour
          in military felony case nur er 11/95, and that he was suffering from
          arteriosclerosis for which he was being treated at the Tura penitentiary
          hospital where he had undergone electro cardiology, blood tests and
          arteriography. The Government further replied that he had previously been
          referred to Manyal University Hospital where he was detained from 22 February to
          8 April 1997 for treatment of angina pectoris. His treatment at the Manyal
          University Hospital included a catheterization operation (widening of the
        
          
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          coronary artery) . The Government indicated that he was currently receiving
          treatment consisting of arterial dilation, hypertension reduction and medication
          for respiratory problems. The Government indicated that his condition was stable
          and that he was preparing to sit a number of examinations as part of his
          enrolment in the Faculty of Law at Cairo University and Faculty of Commerce at
          Helwan University. He had already sat an examination for a public health diploma
          at Cairo University. The Government informed the Special Rapporteur that he had
          been granted leave of absence to sit an examination for the British Royal
          College of Medicine's fellowship degree in paediatrics on 1 October 1997.
          Concerning Dr. Muhammad al-Sayyid Ahmed Habib, the Government replied that he
          was sentenced to five years' imprisonment with hard labour in military felony
          case number 8/95. The Government informed the Special Rapporteur that the state
          of his health was normal and that he is being treated for a high blood sugar
          level. He had previously received treatment for salt in his urine and for
          sinusitis.
          377. Concerning Muhammad Khairat Saad Abdel Latif al-Shater, the Government
          replied that he was sentenced to five years' imprisonment with hard labour and
          was receiving treatment for hypertension and high cholesterol and triglyceride
          levels, but otherwise his condition was stable.
          378. Concerning Dr. Mahmoud Ahmed Omar al-Arini, the Government indicated that
          on 24 July 1996 he was examined by the chief medical officer of the Tura
          penitentiary as he was complaining of pains in his lower back and knees. The
          medical examination showed that he was suffering from geriatric disorders for
          which he was given appropriate medical treatment. The Government replied that he
          was again examined by a doctor on 11 August 1998 as he was suffering from
          urinary retention. The Government indicated that he was then sent to the Manyal
          University Hospital at Cairo for the urgent insertion of a urinary catheter.
          After numerous medical tests, the Government indicated, he underwent an
          operation for the removal of an enlarged prostate on 13 August 1998 and was
          returned to the penitentiary on 15 September 1998 after his state of health had
          improved.
          379. Concerning Mahmoud Ali Abu Rayya, the Government indicated that he was
          sentenced in State security case nur er 5/96 and later released on 2 June 1999
          after serving his sentence. The Government informed the Special Rapporteur that
          on 9 May 1996, he was sent to Manyal University Hospital as he was suffering
          from an enlarged liver, abdominal “dropsy”, swelling of the legs and was unable
          to concentrate. He was retained for treatment and medical observation until
          15 May 1996. The Government further replied that, on 24 November 1996, he was
          sent back to the Manyal University Hospital for a check-up, tests and x-rays of
          his oesophagus, liver and digestive system. The results of the tests were that
          the majority of his internal organs were in good condition except for his liver
          and spleen, which were slightly enlarged. The Government noted that he was given
          appropriate medical treatment. He received further treatment on 11 Decer er 1996
          at the Tura penitentiary hospital for suspected epidemic hepatitis, and on
          15 May 1997 he was returned to Manyal University Hospital for medical tests
          including x—rays of his prostate, which, after being found to be enlarged, was
          treated with appropriate medical treatment. The Government further stated that
          on 3 March 1998 he was examined by a specialist at the Tura penitentiary
          hospital for a nasal obstruction. The treating physician advised against a
          surgical operation as he was suffering from liver failure and anaesthesia might
          have placed his life at risk. Finally, the Government replied, on 17 March 1999
          that he was examined by an ophthalmologist at the prison hospital for an
        
          
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          immature cataract and high pressure in the fundus of his eye. The Government
          replied that he had received appropriate medical treatment which had improved
          his health.
          380. On 26 July 1999, the Special Rapporteur sent a joint urgent appeal in
          conjunction with the Chairman-Rapporteur of the Working Group on Arbitrary
          Detention on behalf of Atif Ali Farghaly who had reportedly been detained since
          15 March 1993 under an administrative order, allegedly for being a member of Al—
          Gamaa Al—Islmeya, a reported Islamic militant group. He had never been formally
          charged or sentenced. He was reportedly held in Abu Zaabal (Shadid El—Heras)
          prison, in Qalioubeya district. A medical report from the Cairo University
          Hospital dated 6 July 1999 reportedly concluded that he had contracted
          tuberculosis. He is reported to be very weak and exhausted, and to have been
          denied medical treatment.
          381. On 5 August 1999, the Special Rapporteur sent an urgent appeal on behalf
          of Magdi Ibrahim al—Sayyid al—Naggar, an Egyptian national who was a legal
          resident working in Saudi Arabia since 1991. He was reportedly originally
          charged in the “Returnees from Albania” trial, but he was acquitted of all
          charges in absentia in April 1999. Saudi Arabian authorities forcibly returned
          him to Egypt on 30 July 1999. He was reportedly arrested due to the fact that
          his brother, Ahmad Ibrahim al—Sayyid al—Naggar, is allegedly a mer er of the
          armed Islamist group al-Jihad (Holy Struggle) . He is allegedly being held in
          incommunicado detention at the State Security Investigation Department (SSI)
          headquarters in Lazoghly Square, in Cairo.
          382. On 11 August 1999, the Special Rapporteur sent an urgent appeal on behalf
          of Talaat Moharimed Ibrahim, who had reportedly been detained on 7 January 1994
          and since that time had been held in several prisons before being transferred to
          Damanhour, where he was currently held in detention. As a result of spinal
          pains, he reportedly cannot move. He was also reported to be unable to speak,
          his breathing was short and shallow and he was extremely weak. In spite of his
          condition, the prison administration has allegedly refused to admit him to a
          hospital or provide necessary medication or treatment.
          383. On 5 November 1999, the Special Rapporteur sent an urgent appeal on
          behalf of Abdel Hakeem Marwan Sedeek, Ahmad Pkdel Rahman Abdel Raheem and Saad
          Mohammed Hasab El Nabi. Abdel Hakeem Marwan Sedeek, who was reportedly jailed on
          31 November and is currently being held at Damanhour prison, reportedly suffers
          from tuberculosis, severe asthma and stenosis. The prison administration has
          reportedly denied him access to external medical care. Ahmad Abdel Rahman Abdel
          Raheem, who was reportedly jailed on 14 January 1995 and is currently held in
          Wadi El Natroun 1 Prison, reportedly suffers from heart, kidney and rheumatoid
          problems. Saad Mohammed Hasab El Nabi, who was reportedly jailed on 21 March
          1995 and is currently held in Wadi El Natroun 1 Prison, has disk prolapse which
          causes him severe pain.
          Follow—un to previously transmitted corimunications
          384. The Government replied on 6 April 1999 to cases transmitted by the
          Special Rapporteur on 5 November 1998 (see E/CN.4/1999/61) and 28 April 1997
          (see E/CN.4/1998/38/Add.1).
          385. Concerning prison conditions (see E/CN.4/1999/61, para. 191), the
          Government replied that it was unable to provide the Special Rapporteur with
        
          
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          information on the maximum security prison since neither specific incidents nor
          dates were mentioned in the communication to the Government. The Government
          further indicated that there is no evidence that any complaints were filed with
          the competent authorities.
          386. The Government replied to a number of individual cases previously
          transmitted.
          387. Concerning Waheed El-Sayid Ahmed Abdulla (ibid., para. 194), the
          Government replied that he was arrested on 9 April 1998 by the head of the
          Belgas Investigation Department on suspicion of theft. The Government indicated
          that during questioning at the police station, he took ill and was returned home
          where he died that day. An investigation was corimenced by the Department of
          Public Prosecutions. Witnesses have been questioned and an autopsy report has
          been ordered. The Government stated that the Prosecutor detained the head of the
          Belqas Investigation Department along with other members of the Department,
          initially for 15 days and later a further 45 days, after which time they were
          released on bail. Pursuant to a ministerial decision, an officer was suspended
          until the conclusion of the investigation. A case against the members of the
          Investigation Unit has commenced, but the hearing dates have not been set.
          388. Concerning Adem Mahmoud Adem (ibid., para. 196), the Government replied
          that on 26 November 1996, a detective sergeant from the Moharram Bek police
          accompanied by a detachment of police officers approached him to ask his
          identity when they saw him on the street and deemed him to be suspicious. The
          Government replied that when the officers approached him, he suddenly fainted
          and was taken to the Coptic Hospital where he died. The hospital reported the
          incident to the police and an administrative report (number 14766/1996) was
          prepared. Thereafter, the Department of Public Prosecutions conducted an
          investigation, which included interviews with the deceased's nephews and other
          persons accompanying him at the time of the incident. His nephews told the
          investigation that two of the officers pulled their uncle causing him to fall
          and then dragged him, before leaving him when they saw that he had an artificial
          leg. They said that officers then took him to the hospital where he died. The
          Government stated that the detained suspects who were with the detective
          sergeant were questioned and denied that there had been any act of aggression
          against the deceased, as did the police officers and detective sergeant
          involved. The Government indicated that the forensic examination revealed the
          cause of death was pathological and caused by a recent blood clot in the
          coronary artery which may have been escalated, but in a normal healthy person,
          not caused by intense emotion resulting from the incident. The Government
          finally replied that on 4 January 1997, the Department of Public Prosecutions
          closed the case as the death was the natural result of a pathological condition
          and as there was no proof that he was dragged on the ground.
          389. Concerning Ahmed Mahmoud Youssif (ibid., para. 204), the Government
          replied that he was arrested on 25 May 1997 by an officer from the Zagazig
          police station for harassing citizens. The Government indicated that he was
          carrying a sharp knife, which was confiscated. He was later released and
          submitted a complaint (number 5150/1997) of having been beaten during his arrest
          by the officer in charge of the Zagazig police station, citing two witnesses. An
          investigation conducted by the Department of Public Prosecutions revealed an
          injury to his upper back. The Prosecution recommended that the case be closed
          and the charges dropped due a discrepancy between the findings of the
        
          
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          investigation and those in a medical report, as well as on the basis that his
          affirmations were inconsistent with the account given by his witnesses.
          390. Concerning Mohammed Mohammed Naguib Abu-Higazi (ibid., para. 211) and
          Abdel—Salaam Hassan Hassan Omar (ibid., para. 205), the Government replied that
          they were arrested on 17 September 1997, pursuant to an order by the Minister of
          the Interior acting under the Emergency Law. The Government indicated that they
          were students and mer ers of a terrorist group and that they were released on
          25 Septer er 1997. The Department of Public Prosecutions corimenced an
          investigation and when the two individuals were questioned, they complained of
          having been unlawfully detained and beaten, but traces of the injuries had
          disappeared. Officers denied the accusations made against them. The Government
          informed the Special Rapporteur that after the documents submitted were
          reviewed, the correctness of the measures taken against the two men was
          confirmed and their allegations were refuted, so the investigation was closed
          with the Assistant Attorney—General's approval on 17 February 1998.
          391. Concerning Muhammed Abdel Sattar Hafez (ibid., para. 207), the Government
          replied that he was arrested at his home on 17 September 1997 pursuant to an
          order by the Ministry of the Interior and later released on 25 Septer er 1997.
          It indicated that he was a student and mer er of a terrorist group. The
          Government informed the Special Rapporteur that he filed a complaint alleging,
          inter alia , that he had been beaten and an investigation was commenced but the
          traces of his injuries had disappeared. Officers were questioned and denied the
          allegations. The Government stated that a review of the documentation, and an
          examination of police station records confirmed that correct measures had been
          taken, and his allegations were refuted. Accordingly, the investigation was
          closed with the Assistant Attorney—General's approval on 17 February 1998.
          392. Concerning Magdi Adbel-Moneim Ahmed (ibid., para. 208), the Government
          replied that he submitted a complaint to the Department of Public Prosecutions
          (number 7737/1998) alleging, inter alia , that criminal investigation officers
          from the al—Sahel police station arrested, searched and tortured him to make him
          confess to theft, and arrested his wife, the doorman of the building and others.
          The Government indicated that the complaint was referred to the medical
          examiner, who found his injuries could have been caused in the manner alleged in
          his complaint. The Government further indicated that although he later withdrew
          his complaint, it is still being investigated along with a complaint submitted
          to the Department of Public Prosecutions by his wife.
          393. Concerning Gomaa Abdel-Aziz Mohammed Khalil (ibid., para. 210), the
          Government responded that he was accused on 11 July 1998 of operating a place of
          prostitution and brought before the Department of Public Prosecutions, which
          ordered his remand on custody pending an investigation. He was released on
          24 March 1999. The Government advised that he has not submitted any complaint of
          ill—treatment.
          394. Concerning Emad Shehata Abdel-Fattah (ibid., para. 213), the Government
          replied that he was arrested with a warrant on 30 April 1997 for larceny. The
          Government indicated that he filed a complaint (nur er 5420/1998) and the
          Department of Public Prosecutions began an investigation including into
          statements that he had been beaten by a stick and was tied up by a chain. The
          officers accused of ill—treatment denied the allegations. The Government further
          replied that he had been examined by a health inspector, who had found three-
        
          
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          day-old bruises on his lower lip which he would have sustained the day prior to
          his arrest. The Department therefore decided to close the file on the complaint.
          395. Concerning Add—Basset Ahmed Hassab Abdel—Moniem (ibid., para. 215), the
          Government responded that he had been charged with operating an unlicensed
          coffee shop and other charges, which were referred for criminal prosecution on
          24 July 1997. The Government further replied that no complaint alleging torture
          had been submitted by him to the Department of Public Prosecutions.
          396. Concerning Nasr Awad Mohmoud (ibid., para. 221), the Government replied
          that he had been arrested on 13 November 1997 by the Investigation Unit of the
          Kom Or o police station, Aswan, in accordance with a warrant for his arrest for
          possessing an unlicensed weapon. The Government further replied that he had
          submitted a complaint to the Department of Public Prosecutions alleging that he
          was assaulted in the presence of his two neighbours and an official watchman, in
          an attempt to discover the whereabouts of unlicensed weapons. The Government
          indicated that the Department of Public Prosecutions questioned the above-
          mentioned witnesses, who informed it that a police officer and mer ers of the
          Investigation Unit accompanying him, went to his house and carried out a search.
          The officers denied the allegations. It stated that a preliminary medical report
          confirmed the existence of bruising on his neck and abrasions and swelling on
          his legs which, according to a subsequent medical examiner's report, later
          disappeared. The Government replied that charges were laid against the detective
          sergeant and the head of the criminal investigation department but they were
          dropped on 24 January 1998 on the basis that there was insufficient evidence for
          criminal prosecution.
          397. Concerning Kamal Ibraheem Hamed (see E/CN.4/1998/38/Add.1, para. 94), the
          Government replied that he was arrested on 10 April 1995 in accordance with a
          warrant, on suspicion of arson. He was initially held for four days for
          investigation, which was extended several times, and that during his arrest he
          was extremely agitated and caused himself injury. The Government further
          indicated that the police had recorded his attempt to corimit suicide on 18 April
          1995. The Government stated that he made a complaint to the Department of Public
          Prosecutions alleging, inter alia , that he had been assaulted in order to
          extract a confession. It stated that one witness confirmed his allegation while
          another witness denied it. Two officers questioned also denied the allegations.
          One officer stated that Emad Shehata Abdel Fattah caused his own injuries, while
          the other officer stated that he was on sick leave at the time of the alleged
          beatings, which the Government confirmed to be true. A medical report undertaken
          indicated that his injuries were caused partly by some form of solid object and
          partly by objects with a rough surface. The Government further replied that the
          Department of Public Prosecutions excluded any suspicion of a criminal act of
          torture and closed the case.
          398. Concerning Mohammed Ahmad Mustapha, Jaber Ahmed Mustapha, Youssef Abdu
          Youssef and Atef Abdulla Razeq (ibid., para. 95), the Government replied that
          there was no indication that they had been arrested in Port Said on 27 May 1995
          nor had any complaints been filed by any of the men alleging torture. However,
          the Government reported that Mohammed Ahmad Mustapha was questioned and later
          released on that day.
          399. Concerning Mohammad Wagdi Mohammad Durra (ibid., para. 98), the
          Government replied that the Security Forces received information to the effect
          that he had been attending Islamic youth meetings at which he was criticizing
        
          
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          and belittling Islam, causing friction and provocation to public order. The
          Government stated that he was arrested with a warrant by State Security forces
          on 12 October 1996 and was remanded in custody pending investigation, before
          being released on bail. The Government indicated that no complaint of torture
          was made to the Department of Public Prosecutions or to the Office of the
          Attorney-General for Human Rights.
          Observations
          400. The Special Rapporteur continues to appreciate the responses of the
          Government while sharing the concerns of the Corimittee against Torture, in its
          conclusions and recorimendations following its review of the periodic report of
          Egypt under the Convention against Torture, at the “large number of allegations
          of torture and even of death relating to detainees made against the police and
          State Security Intelligence” (A/54/44, para. 207) . He particularly regrets that
          discussions he has had over the years with the Permanent Mission have failed to
          elicit an invitation to visit the country.
          Equatorial Guinea
          Reqular communications and replies received
          401. By letter dated 30 November 1999 transmitted jointly with the Special
          Representative on the situation of human rights in Equatorial Guinea, the
          Special Rapporteur advised the Government that he had been informed that,
          following the events of 21 January 1998, three soldiers and a number of
          civilians were killed and approximately 500 persons were arrested in the months
          of January and February 1999.
          402. The authorities reportedly accused the Movimiento para la Auto—
          determinación de la Isla de Bioko (MAlE) of being responsible for attacks on
          military barracks. Most of the detainees, including women, were allegedly
          arrested because they belonged to the Bubi tribe. According to the information,
          mer ers of the tribe were tortured by agents of the security forces, who kicked
          them and hit them with rifles. At least six persons allegedly died as a result
          of these events. Many women were allegedly raped, particularly in Malabo and
          other Bubi settlements. Some people claimed that their ears were cut off with
          razors or bayonets. During the trial in May 1998, at least 10 people, including
          Fernando Riloha, were reportedly seen with their ears cut off. Many Bubis were
          allegedly forced to get out of taxis and public transport vehicles at a
          roadblock in Sampaca and were subsequently beaten by security forces. Bubi
          leaders in Rebola were reportedly arrested on suspicion of hiding rebels or
          serving as safe conduct for them. The Malabo police allegedly kept the detainees
          in incommunicado detention for several weeks, relying mainly on torture to
          obtain confessions. The detainees were reportedly taken to a special room in the
          Malabo police station, where they were tortured. It is said that during their
          interrogation, some were subjected to various forms of torture and their arms
          and legs were immobilized with metal bars. Others were tied hand and foot and
          hung from the ceiling while the security forces looked on dispassionately.
          403. The most violent attack on the Bubi tribe allegedly occurred in Malabo on
          25 January 1998, when the Prime Minister, Angel Serafin Dougan Seriche, who is
          of Bubi origin, convened a demonstration to show that the Bubis were loyal to
          him. Thousands were reportedly forced to participate, and anyone who would not,
          the threat was made, would be considered a rebel supporter. During the
        
          
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          demonstration, civilians from the Fang ethnic group closely linked to the
          Government and mer ers of the security forces reportedly mistreated and insulted
          the participants. The next night, the Bubis were allegedly attacked in their
          homes by civilians from the Fang ethnic group and members of the security
          forces. According to the information received, some women were raped in front of
          their own husbands. The security forces failed to intervene and in many cases
          were among the aggressors.
          404. During the months spent in incorimunicado detention, conditions were
          extremely harsh. Containers of urine were allegedly spilled inside the
          overcrowded cells; detainees were not permitted to use the toilet and had to
          relieve themselves in the cells. During their transfer from Malabo police
          station to Black Beach prison they were reportedly forced to lie down in a truck
          bed in groups of five, one on top of the other, while policemen sat on them.
          Upon arriving at the prison they were denied any medical treatment whatsoever.
          In early July, it is said, Milagrosa Cheba was finally sent to hospital, as she
          was suffering from malaria, but she was returned to the prison before she had
          fully recovered. César Copoburu, who was sentenced to 26 years' imprisonment,
          was allegedly taken to hospital in mid-July after complaining of abdominal pain
          for more than a week. He underwent surgery and was rapidly sent back to prison,
          despite the appalling hygienic situation there. Martin Puye allegedly died in
          hospital on 14 July 1998, two weeks after being taken to Black Beach prison. He
          had suffered from hepatitis for quite some time, but the authorities reportedly
          refused to send him to hospital until it was too late for him to be cured.
          405. During the trial in May 1998, the court allegedly accepted statements
          obtained through torture without any investigation whatsoever of the complaints
          thereof. At least 14 people reportedly indicated during the trial that they had
          been tortured. In one instance, the prosecutor allegedly admitted that the
          victim had been tortured: “We see that you have been tortured by the police, we
          admit it, but you signed a statement in the presence of a judge.” Various
          appeals for investigation of violations of human rights and of deaths during
          pre—trial detention went unheeded.
          406. The Special Rapporteur and the Special Representative have received
          information on the following specific cases.
          407. Lino Losoha, a member of the Partido Democratico de Guinea Equitorial
          (PDGE), was allegedly detained for being a community leader in Rebola. He was
          reportedly informed he was suspected of knowing the whereabouts of fugitives.
          The security forces are said to have taken him to a military outpost at the edge
          of the town where they reportedly burned his testicles, stomach and chest with a
          cigarette lighter. He was allegedly fined and released upon payment of the fine.
          408. Victor Bubayan, a teacher from the Bubi tribe, was reportedly arrested on
          21 January 1998 in the school where he worked because he was the brother—in—law
          of César Copoburu, who is thought to be one of the leaders of the attacks. He
          was allegedly mistreated in front of his students and beaten with electric
          cables. His family had no news of him for several days. He is said to have been
          detained in a police station, yet no statement was taken from him. He was
          finally released without charge on 11 February 1998.
          409. Father Bienvenido Samba Bomedoro, a Protestant priest who was considered
          to be one of the leaders of the attacks of 21 January, was reportedly beaten
        
          
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          heavily. He is said to have been tied up in the police station, lashed across
          the neck with a whip and warned that he would be the next victim.
          410. During his trial, Gregorio Pancho Borapa, the mayor of Rebola, was
          reportedly able to whisper only a few words, with difficulty, and when the
          prosecutor asked him to speak up, he said, “I can't because they broke my jaw
          when they were torturing me”
          411. David Nuachuku, a Nigerian, was allegedly kept handcuffed for 52 days at
          the Malabo police station. His hands and legs were tied behind his back with
          electric cables and he was beaten until he lost consciousness.
          412. César Copoburu was reportedly forced to confess to being one of the
          approximately 30 people involved in the attacks on military camps of 21 January.
          His confession was allegedly obtained using torture. He is said to have broken
          bones in the lower body and to have received no treatment of any kind.
          413. Milagrosa Cheba, secretary of an agricultural trade union whose director
          is alleged to be a leader of the attacks, was reportedly tortured severely.
          According to the information received, she was forced to remain kneeling for
          several hours and was subsequently beaten about the head. She is reportedly the
          only woman convicted on the basis of a confession obtained through torture. She
          was sentenced to six years' imprisonment.
          414. Domiciana Bisobe Robe was allegedly arrested for being romantically
          involved with one of the leaders of the attacks on the military camps. She was
          reportedly taken several times to the Malabo police station in the middle of the
          night for interrogation. There she was undressed and beaten and her breasts were
          handled, but she was not raped.
          415. Francisca Bisoco Biné, the wife of Robustiano Capote Sopole, who was
          sentenced in June 1996 to 26 years' imprisonment, had a miscarriage because of
          the beating she received. The security forces reportedly arrested her on
          23 January in her home in Sampaca in the absence of her husband. Despite the
          fact that she was pregnant, she was allegedly lashed with a whip and detained in
          Malabo police station for five days, after which her child was stillborn.
          416. Bessy, one of the Nigerians suspected of training the attackers, was
          reportedly beaten heavily every night, especially on the soles of the feet. One
          of his legs was completely infected and his feet were swollen. On 24 January,
          some of the prisoners reportedly asked the guards to remove him from the cell
          because he might infect all the others, to which the guards replied “We're going
          to kill you all anyway.” Shortly thereafter, a military doctor arrived with the
          Minister of Health and observed that Bessy had died.
          417. Idelfonso Borupu was allegedly arrested in Basakato for having treated
          one of the wounded attackers. He was subsequently taken to Malabo police station
          in uncertain health. Once there, he was left to the elements, was beaten and
          died.
          418. Irineo Barbosa Elobé reportedly died in hospital on 1 March 1998. It is
          said that he showed signs of mental imbalance as a result of the torture to
          which he was subjected.
        
          
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          419. Carmelo Yeck Bohopo allegedly died in hospital. He was arrested in Malabo
          on 6 February 1998 upon leaving church and taken to the police station, where he
          was reportedly beaten severely. He is said to have died on 9 February 1998. No
          autopsy was performed.
          420. The Special Rapporteur and the Special Representative also received
          information on the following individual cases.
          421. Teófilo Osam Mbomio was reportedly arrested on 30 May 1998 in Anisok. He
          allegedly remained in detention for a week, during which he was given 150 blows
          on the soles of the feet. He is alleged to have publicly refused to sign a sworn
          statement asserting that he was in the Government party.
          422. In September 1997, members of the opposition party, including six women,
          were reportedly detained in Akurenam while they were preparing songs to welcome
          their leaders. The women were undressed and beaten. They were not given a trial
          but were forced to pay very high fines to obtain their freedom.
          UrQent a inieals and replies received
          423. On 17 March 1999, the Special Rapporteur transmitted an urgent appeal
          concerning Teótimo Mbo Edo, Fidel Abesó, Marcos Esimi, Felix Ngomo, Juan
          Miquibi, Francisco Nguema, Gaspar Nculu, Luis Mba Bayeme, Juan Ebuna, Manuel
          Nzo, Zacharias Esimi and Santiagi Ndong, who had been in incommunicado detention
          since 7 March 1999 in Nsok Nsomo, eastern Equatorial Guinea. At the time of
          their detention, they had been acting as electoral observers for their political
          parties, the Union Popular and the Convergencia para la Democracia Social,
          during the legislative elections of 7 March 1999, which are now finished. In the
          course of the elections, there were reportedly cases of physical ill—treatment
          and beating of persons who refused to vote for the Government party and of
          detentions and forced displacement in order to avert the presence or voting of
          political opponents.
          424. By letter dated 28 May 1999, the Government responded to this urgent
          appeal. Concerning the information on torture of electoral observers for the
          Union Popular and the Convergencia para la Democracia Social and of persons
          refusing to vote for the Government party during the legislative elections of
          7 March, the Government declared that they are false accusations. It pointed out
          that affiliation with a political party and exercise of the right to vote are
          neither offences nor against the country's interests. As evidence, it pointed to
          the participation in the elections as independent observers of the Organization
          of African Unity (OAU) , the francophone ACP countries, various non—governmental
          organizations, the United States of America and others, all of whom indicated
          that the elections had been very well organized and did not mention any
          incidents.
          425. On 28 October 1999, the Special Rapporteur transmitted an urgent appeal
          jointly with the Special Representative on the situation of human rights in
          Equatorial Guinea concerning Emilio Ribas Esada, Gregorio Bomuagasi, Milagrosa
          Cheba and Alehandro I llDe Bita Rope, who were being held in Malabo prison. They
          had reportedly requested medical treatment for their ailments, but such
          treatment had so far not been provided. Gregorio Pancho Borapa is said not to
          have received medical treatment although he is suffering from a jaw broken,
          according to the source, by a police officer at the time of his arrest in
          January 1998.
        
          
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          Eritrea
          ReQular communications and replies received
          426. By letter dated 29 November 1999, the Special Rapporteur advised the
          Government that he had received information according to which Ethiopian
          nationals living in Eritrea have been ill—treated by the police during periods
          of conflict with Ethiopia (since May 1998) . In particular, he transmitted
          information on the following cases.
          427. Hadish Wolde—Negus, an Ethiopian trader from Assab, was reportedly
          arrested by police and ill—treated while being questioned about his alleged
          support for Ethiopia's war effort. He was reportedly questioned about his
          monthly donations to the Tigray Development Association (IDA) , which is said to
          be registered in Eritrea as an Ethiopian non—governmental organization
          supporting development programmes in the Tigray region, and was told to report
          to the police every day. He reportedly said that he had disclosed all relevant
          documents to the police, but the police refused to accept them. During
          questioning, he was allegedly beaten on his back and legs when he failed to
          answer questions to the satisfaction of the police. According to the information
          received, marks on his legs, consistent with healing injuries, were visible. He
          reportedly returned to Ethiopia in August 1998.
          428. Demos Desta, a priest from Assab, said he had been questioned for three
          days about payments to the IDA. During that time he was allegedly beaten with
          electrical cable and kicked repeatedly. After his release, he returned to
          Ethiopia on 22 June 1998.
          429. Wolde Hagos, a hotel worker, was dismissed on the day the Asmara Airport
          was bombed at the start of June 1998. He was then reportedly arrested and taken
          to the 1st Police Station, where he was allegedly beaten while his hands were
          tied behind his back. After one month, he was released but the police reportedly
          tore up his identity card and work permit. When he went to register at the
          Ethiopian er assy, the police reportedly questioned him and asked for his
          identity card. He said he was taken to another police station, where he was
          allegedly beaten for not having the identity card.
          Ethiopia
          ReQular communications and replies received
          430. By letter dated 29 November 1999, the Special Rapporteur advised the
          Government that he had received information according to which the January 1999
          expulsion of people of Eritrean origin from Ethiopia was often carried out in an
          inhumane manner. People were reportedly arrested in the middle of the night to
          conceal the security operation under way. Some were allegedly kept in detention
          for periods ranging from one or two days to several months before being
          expelled. The persons expelled were frequently only allowed to take one bag with
          them. One of the first to be expelled was an elderly man who arrived in Eritrea
          wearing only pyjamas and sandals, as he had not been allowed to take anything
          else. In some cases mothers were taken away without being allowed to arrange for
          the care of their children, and families were deliberately and systematically
          split up and expelled in different batches, often months apart. During the long
          journey lasting several days, toilet stops were reportedly few, food and water
          said to have been minimal, and despite the suffocating heat, windows were kept
        
          
          E/CN. 4/2000/9
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          shut. At night people slept in the bus and were not allowed to take belongings
          or even medication from their luggage on the roof. Several elderly people
          suffering from diabetes reportedly arrived in Eritrea extremely ill and needing
          emergency hospital treatment. Many of the expelled are said to have arrived at
          Eritrean reception centres, traumatized and exhausted.
          431. The Special Rapporteur has also received information on the following
          individual cases summarized below.
          432. Nike Kassaye, a journalist for the Beza newspaper, was allegedly abducted
          by unidentified gunmen in Addis Ababa in January 1995. He was reportedly
          detained in a secret detention centre by security forces for six weeks. During
          his detention he was allegedly beaten, ill—treated and denied medical treatment.
          He was reportedly weakened to such a point that he contracted typhoid. He was
          allegedly placed in a hospital and then escaped. According to the information
          received, he later escaped to Kenya, where he was followed by a senior official
          from the Ethiopian er assy. He was reportedly relocated to another country.
          433. Ebyan Mohamed Ardo was reportedly arrested on S May 1995 in Kebrider by
          mer ers of the Ethiopian People's Revolutionary Democratic Front (EPRDF) . She
          was allegedly detained at the Kebrider army base from 7 May to 12 October 1995
          because of her political affiliation with the Ogaden National Liberation Front
          (ONLF) . She was reportedly not permitted to consult a lawyer nor was she told
          the charges against her. According to the information received, during her
          detention she was raped by three EPRDF soldiers during the night of 9 May 1995.
          They reportedly tortured her using swords, knives, clubs, the butts of guns and
          boots. She was allegedly tortured in order to coerce her to reveal ONLF
          objectives. She reportedly has pain in her back, kidneys and intestines, and
          continues having headaches.
          434. Ifrah Asseir Hassan was reportedly arrested on 8 February 1996 in
          Dhagahbour by members of the EPRDF army. She was allegedly detained at the
          Dhagahbour army base because of her political affiliation with ONLF. According
          to the information received, she was not allowed to consult a lawyer during her
          detention. On 10 February 1996, a group of EPRDF soldiers reportedly entered her
          cell, brought her into another room and beat her body with the butts of their
          guns. She was also allegedly raped. As a result of the torture she allegedly
          sustained, she feels pain in her stomach and kidneys.
          435. Rukiya Ilime Aden was reportedly arrested in May 1995 without being
          charged. She was allegedly taken in the middle of the night from her home, and
          then was beaten and raped. She was allegedly detained at the Degahbur military
          camp owing to her political affiliation with ONLF. On 10 May 1995, she was
          allegedly tortured by members of the Finahar, which is said to be a military
          intelligence service, by being forced to lie down on the floor and being punched
          and kicked by individuals wearing boots. As a result of the torture she
          experienced she has constant kidney pain, difficulty urinating, headaches, and
          feels that she is still in shock. According to the information received, she was
          not allowed to see a doctor for her injuries and was threatened with death if
          she revealed her experience.
          436. Abdi—hiis Ahmed Dahir, a businessman, was reportedly arrested on
          12 November 1996 in Diri—Dhabo. He was reportedly transferred to a prison in
          Addis Ababa. According to the information received, he was hung upside—down and
        
          
          E/CN. 4/2000/9
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          beaten. He was reportedly in critical condition and had been denied medical
          treatment.
          437. Dhibane was reportedly arrested on 9 July 1996 after returning from the
          mosque. He was allegedly stopped by four EPRDF soldiers and was asked his
          religion. According to the information received, after he told them that he was
          Muslim, he was hand—cuffed, blindfolded and forced into a car. He was reportedly
          initially detained at the military barracks, but was then transferred to the
          Maikelawi police investigation centre. He was allegedly hung upside down and
          beaten until he lost consciousness. He was reportedly forced to drink his own
          urine and dirty salt water and deprived of sleep and food for more than five
          days. He was allegedly held in incorimunicado detention for three months. During
          his detention, he was reportedly forbidden to practise his religion. Guns were
          reportedly pointed at his head and he was told that he would be killed if he did
          not confess to being a member of a terrorist group.
          438. Svetlana Mamedova, an Ethiopian citizen born in Georgia, was reportedly
          arrested and detained on three separate occasions: from 30 November to
          5 December 1991, from 10 March 1994 to 29 Septer er 1995 and from 18 April 1996
          to 13 June 1997. According to the information received, she was mostly held at
          the Lmakahawe detention centre in Addis Ababa, although she is said to have also
          been detained for short periods at the Tenth Police Station (in September 1996)
          and at Police Station N4 Region (from January to May 1997) . It is believed that
          she was arrested on suspicion of being a Russian spy. During each period of
          detention, she was allegedly ill—treated and severely beaten and kicked. She was
          also threatened with death with a pistol. Her arms and legs were reportedly
          bound with plastic wire for several days at a time. She was reportedly kept
          either in an overcrowded cell, or in isolation in a small dark cell, during
          which time her access to sanitary facilities is said to have been extremely
          limited. She was eventually taken to hospital on several occasions, but was
          allegedly denied medical treatment. She was reportedly unable to register a
          formal complaint.
          439. Ato Tamene Koyira, a civil servant from Soddo Zuria, Southern Region, was
          reportedly arrested on 27 June 1997. According to the information received, he
          had complained about disciplinary measures taken against him at work. During his
          detention until 5 Septer er 1997, he was allegedly beaten for four consecutive
          days. He was then reportedly taken to a prison where he spent one year before
          being brought to a judge. He was eventually released on 22 June 1998 by order of
          the Public Prosecutor, who reportedly rejected the police charges against him.
          440. Assefa W/Semait, a priest in Berehet Wereda, North Shewa, was reportedly
          arrested on 26 August 1998 by two policemen on suspicion of stealing tabot , a
          holy arch. He was reportedly taken to the police station where he was detained
          for 15 days. He was then released by court order. A month later, he was
          reportedly re—arrested and taken to the Wereda police station where he was
          allegedly severely beaten, in particular on the soles of his feet. His hands
          were also allegedly tied in his back. As a result, his hands are reportedly now
          paralysed.
          UrQent a inieals and replies received
          441. On 16 September 1999, the Special Rapporteur sent an urgent appeal on
          behalf of Mossisa Duressa, the local chairperson of the Ethiopian Red Cross
          Society in Nekemte, Oromia region, Tassev Begashaw, a medical doctor working for
        
          
          E/CN. 4/2000/9
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          the private lanka Clinic in Addis Ababa, and Mulugetta Tirfessa Tufa, an
          insurance company employee. The three were reportedly held in incommunicado
          detention. Mossisa Duressa was reportedly arrested on 15 August 1999 by security
          officers in Nekemte on suspicion of mercJiership of the Oromo Liberation Front
          (OLF) . He is diabetic and requires daily insulin injections. Tassev Begashaw had
          reportedly been arrested on 15 August 1999. He was reportedly accused of giving
          treatment to OLF suspects. He was reportedly currently held in incommunicado
          detention at Maikelawi criminal investigation centre in Addis Ababa. Mulugetta
          Tirfessa Tufa had reportedly been arrested on 19 August 1999 in Addis Ababa and
          was reportedly held in incommunicado detention at Maikelawi criminal
          investigation centre in Addis Ababa. At the time of his arrest, he was still
          receiving medical treatment for a leg injury in 1992.
          France
          ReQular communications and replies received
          442. By letter dated 3 September 1999, the Special Rapporteur informed the
          Government that he had received information on the following cases.
          443. Chinese asylum—seekers who arrived by boat in New Caledonia, particularly
          Nouméa, in early November 1997 were allegedly arrested and held, first in a
          former clinic and then in the military hangars at Tontouta airport. They
          reportedly submitted their applications for refugee status on 12 January 1998
          but were kept in detention until March 1998. On 22 March 1998, hearing that they
          were to be deported, about sixty of the asylum—seekers reportedly sought refuge
          on the hangar roofs. About one hundred officers of the irimigration police
          (DICCILEC) , who had travelled from Paris to oversee the return of the asylum—
          seekers, and members of mobile gendarme units allegedly fired on them with
          rubber bullets after stones and other projectiles were thrown in retaliation for
          the tear gas used by the security forces. Nine men were reportedly injured and
          taken to Gaston Bourret hospital in Nouméa. Two are said to have serious
          injuries, one on the face and the other on the thorax. A few hours later, the
          authorities decided to postpone the deportation and to release the asylum-
          seekers.
          444. Narendran Yogeswaran, Naddarajah Vijeyalalitha and Mylvaganan Arunan,
          three Sri Lankan asylum—seekers, were reportedly beaten and handcuffed, kicked
          and gagged with cellophane tape in September 1998 at Roissy airport while being
          deported by the police. An internal administrative inquiry by the Immigration
          Police (DICCILEC) was reportedly ordered, but at the end of 1998 its results
          were still unknown. The Director of the Irimigration Police allegedly stated that
          only the force strictly necessary to restore calm had been used. The three
          asylum—seekers were finally sent back to Sri Lanka.
          445. Sixteen trade union mer ers were allegedly beaten and kicked while
          protesting nuclear tests in Papeete in Septer er 1995. They were reportedly
          forced to remain for 45 minutes on their knees, handcuffed and with their faces
          to the ground, in a parking lot near the military barracks of Papeete. One of
          them was allegedly hit with a truncheon and lost consciousness. He is said to
          have been taken to hospital, where he was treated for incipient paralysis of the
          right side. An inquiry has been ordered.
          446. Abdlekrim Boumlik, a young man of Moroccan origin aged 16, was reportedly
          arrested at Soisy—sous—Montmorency by the anti—crime brigade on 7 April 1996
        
          
          E/CN. 4/2000/9
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          while riding a motorbike without a helmit. He was allegedly punched, struck with
          a truncheon and subjected to racial epithets. Together with a friend who was
          riding with him, he was reportedly handcuffed, forced to kneel and threatened
          and insulted. He is said to have been detained for nearly 12 hours at the
          Enghien—les—Bains police station, although neither his family nor a lawyer was
          informed. He reportedly received no treatment. A policeman is said to have
          ordered him to say he had refused to see a lawyer and had hurt himself in a
          fall. A medical report dated 8 April from Emile—Roux hospital in Eaubonne
          nevertheless seems to substantiate his allegations. His parents have submitted a
          complaint to the Pontoise examining magistrate.
          447. Ahmed Hamed, an Egyptian lawyer, was reportedly mistreated on a visit to
          France on 16 October 1997 by four policemen who apparently mistook him for
          someone else. While in Puteau in the Paris environs, he was allegedly forced
          into a car parked on the street. Fearing a kidnapping, he resisted and was then
          reportedly struck, his tibia in fact being fractured. He was not examined by a
          physician until ten hours after his arrest. He was ultimately admitted to Foch
          hospital, where he underwent surgery. On 20 October 1997, the Egyptian
          ambassador in Paris reportedly wrote to the French Minister of the Interior to
          demand an investigation, but the investigation ordered on 22 October 1997 was
          solely administrative.
          448. Djamel Bouchareb was reportedly mistreated by police officers at
          Fontainebleau, in the Paris environs, in December 1997 at the time of the death
          of his friend, Abdelkader Bouziane, who was allegedly killed by police officers
          while trying to break through a roadblock. Djamel Bouchareb was reportedly in
          the same vehicle. He was allegedly beaten and kicked and his head slammed on the
          ground. He is said to have been taken to hospital by a physician who was present
          at the scene. A judicial investigation has allegedly been ordered. According to
          information received recently, the police officer accused of using excessive
          force against Mr. Bouchareb is about to be tried in correctional court.
          449. Claude Serre, an elderly cartoonist, is said to have been severely
          berated by a police officer over a parking matter when he was lunching in a
          Paris restaurant in March 1998. He was reportedly handcuffed and taken away in a
          van, where he was subjected to ill—treatment. A medical report allegedly
          confirmed his statements and indicated a number of contusions. He has reportedly
          filed a complaint with the Bobigny court.
          450. Tarek S id, an Egyptian restaurateur in Bagneux, was reportedly
          mistreated in Paris in October 1998 by police officers to whom he had appealed
          for assistance following an altercation with transportation officials. He was
          allegedly taken to the police station on rue Marcadet, where he was beaten and
          kicked, choked, began to spit blood and lost consciousness. He was then
          reportedly taken to Hôtel-Dieu hospital before being brought back to his cell.
          According to a medical certificate, he had a broken thumb, injuries to the left
          eye and right arm requiring surgical intervention and a ruptured eardrum. An
          investigation has reportedly been instituted.
          Follow—un to previously transmitted corimunications
          451. By letter dated 8 January 1999, the Government responded to the complaint
          transmitted by the Special Rapporteur on 8 August 1996 concerning clashes
          between security forces and trade unionists at Faa'a airport in Tahiti in
          Septer er 1995 (see E/CN.4/1997/7/Add.1, paras. 157 and 158). The Government
        
          
          E/CN. 4/2000/9
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          indicated that on 20 October 1998, the Papeete Correctional Court handed down
          its decision in the so—called Faa'a urban violence case. The persons mentioned
          by the Special Rapporteur in his corimunication had been found guilty, and three
          of them had been sentenced. Concerning the complaint filed by Henri Temaititahio
          against person or persons unknown for bodily harm and gross negligence at the
          time of his questioning, which 12 other people have joined in submitting, the
          Government indicated that an investigation has been undertaken. Medical expert
          analysis revealed that Mr. Temaititahio had sustained traumatic injuries
          resulting in temporary work incapacity of ten days' duration and that Jean—
          Michel Garrigues had undergone craniofacial traumatism without loss of
          consciousness. No long—term effects of the events in question had been observed,
          however. The police officers, who testified under letter of request, disputed
          the claims of ill-treatment but acknowledged that they had acted with firmness
          in view of the circumstances. On 30 June 1998, the examining magistrate ordered
          the case dismissed on the grounds that the inquiry failed to attribute the
          violent acts to the law enforcement agents. The Government indicated that that
          order had been appealed and that, by a ruling dated 1 Septer er 1998, the Court
          of Appeals had ordered supplementary investigations, which were now being
          carried out.
          452. By letter dated 3 February 1999, the Government responded on the final
          case cited in the corimunication of August 1996 (see E/CN.4/1997/7/Add.1,
          para. 159) . It informed the Special Rapporteur that the sergeant and two
          policemen accused of deliberate acts of violence against Sid Hamed Amiri had
          been removed from office by ministerial order dated 23 March 1998. On 25 March
          1998, all three had been given a suspended sentence of 12 months' imprisonment
          by the Aix—en—Provence Court of Appeals and were definitively disqualified from
          serving as police officers. One of the police officers has applied for judicial
          review of the case.
          GeorQia
          ReQular communications and replies received
          453. By letter dated 29 November 1999, the Special Rapporteur advised the
          Government that he had received information according to which beatings and
          ill-treatment have been reported in the army, which, together with poor living
          and sanitary conditions and brutal hazing, are said to have caused many
          desertions. New recruits in particular are allegedly subjected to brutal
          treatment, including severe beatings. Army officers are said to frequently
          consent and/or participate in such practices. They are believed to condone these
          practices as a means of maintaining discipline.
          454. The Special Rapporteur has received information on the following
          individual cases.
          455. Aka Sulava, a journalist and human rights activist, was allegedly
          severely beaten on 1 February 1999, by four unidentified assailants. It is
          believed that these assailants were supported by the Tbilisi police, as the
          victim had already been threatened in connection with exposing several cases of
          police violence. As a result, he reportedly sustained severe injuries to his
          legs, back and head. The police have reportedly refused to open an
          investigation.
        
          
          E/CN. 4/2000/9
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          456. Joseph Topuria was reportedly verbally abused and then beaten by a
          traffic inspector in Tbilisi on 26 September 1997. He was allegedly severely
          beaten again on the same day by the deputy head of the Tbilisi City Police
          Traffic Department, after having lodged a complaint with the police. A doctor
          who examined him two days later is said to have recorded a dislocated jaw and
          other marks consistent with his allegations. According to the information
          received, the Isani District Procurator's Office refused to open an
          investigation.
          457. Badri Tsindeliani is said to have been detained in the police station at
          Tsnori on 27 September 1997, where he was allegedly beaten and kicked on the
          head, body and soles of his feet. Seven police officers are alleged to have
          taken part in the beatings, which are said to have lasted four hours. A
          subsequent medical examination reportedly found that he suffered concussion and
          injuries to his eye and ear which were consistent with his allegations.
          458. Gogi Shiukashvili was reportedly detained on 25 January 1998 by police
          from Gldani district, Tbilisi, on suspicion of stealing wheels. According to the
          information received, he was allegedly beaten with truncheons for 15 days, to
          the extent that he was virtually unable to move. He allegedly lost consciousness
          for several hours and trembled at night. His nose was reportedly broken and he
          is said to be suffering from severe headaches.
          459. Malkhaz Kamsiashvili is said to have been severely beaten both when he
          was taken into custody and subsequently at the City Police Administration, on
          19 February 1998. According to the information received, he was made to stand
          naked in freezing water and was hit repeatedly on the stomach in an attempt to
          force him to confess. As a result, he sustained several injuries which were
          treated at the Republican Hospital for prisoners. A medical examination
          regarding his allegations was reportedly arranged only 20 days after his
          injuries were sustained.
          460. Sergo Kvaratskhelia, a stone carver, was reportedly severely beaten by a
          crowd in the Georgian town of Tsalendijikha on suspicion of having defiled a
          grave from which he allegedly stole money and drugs. He reportedly spent three
          days in hospital, from which he was allegedly abducted by the crowd. The local
          district police is said to have called the regional police station for
          assistance, which reportedly sent a contingent of some 40 armed officers. But a
          crowd of some 20 people reportedly tortured him to death and mutilated him after
          the head of the district administration reportedly refused to let the police
          intervene in the events, allegedly saying: “Do not interfere, these people know
          what they are doing” . The heads of the district and regional police are also
          said to have been present at the time. The former is said to have then been
          removed from his post after a protest meeting in Tsalendijikha in the following
          days, and the latter was reportedly dismissed in connection with another
          incident. The head of the district administration is reportedly still in post.
          461. Levan Gagua, aged 17, was reportedly detained on 16 March 1998 by police
          officers from the Saburtalo district of Tbilisi on suspicion of murdering his
          step—mother. He was reportedly taken to the second floor of the Saburtalo
          district police station where he was allegedly threatened with rape unless he
          repeated everything a policeman was telling him to say, in the presence of a
          lawyer. Later that night, police officers allegedly drove him to the bank of a
          river where they again threatened to rape and shoot him, claiming that he had
          tried to escape. He was later transferred to the Tbilisi City Police
        
          
          E/CN. 4/2000/9
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          Administration, where he is said to have been tortured by passing electric
          current through wires attached to his fingers. He reportedly confessed in
          writing to murdering his step-mother after five days. An investigation is said
          to have been opened into his allegations.
          462. Jemal Teloyan, a Kurd, was reportedly arrested on 6 May 1998 by four
          plainclothes police officers from the Gldani district of Tbilisi near the
          Akhmeteli metro station. He was reportedly taken to Gldani district police
          station, where he was allegedly severely beaten and punched while an officer sat
          on him as he was lying on the floor. He was reportedly accused of possessing a
          gun at home that he should bring to them. It is alleged that the officers then
          approached his mother, whom they knew worked as a trader near the Akhmeteli
          metro station, brought her to the police station and demanded that she bring
          money to obtain her son's release. The sum mentioned was US$ 1,000. The mother
          is said to have raised a sum of money and handed it over to the officers,
          whereupon Jemal Teloyan was released. Two of the four police officers involved
          allegedly visited him at home several times after his release and made verbal
          threats against him in order to force him not to report the incident. He
          reportedly subsequently went into hiding. Officials from the Ministry of
          Internal Affairs reportedly visited the family after his father submitted a
          written complaint.
          463. Jaba loseliani, head of the now disbanded paramilitary Mkhedrioni
          (Horsemen) organization, and 14 other defendants were reportedly on trial in
          December 1997 for a range of offences, including involvement in a failed
          assassination attempt on President Eduard Shevardnadze in August 1995. Thirteen
          of the defendants are said to have claimed that they were beaten or otherwise
          ill—treated during interrogations in pre—trial detention. Gocha Gelashvili is
          reported to have suffered two broken ribs and a broken right arm, allegedly as a
          result of the torture he was subjected to. Gocha Tediashvili allegedly had his
          teeth pulled with pliers and explosive material placed in his mouth, which was
          only removed when he agreed to confess as instructed by the investigators. A
          court—ordered forensic medical examination of five of the defendants was
          reportedly carried out at the beginning of the year. Although certain injuries
          were recorded at the investigation, such as the fracture of Gocha Gelashvili's
          right arm caused by the impact of a heavy blunt object, conclusions as to the
          circumstances surrounding the injuries were reportedly not drawn, owing to,
          amongst other things, the passage of time since the injuries were said to have
          been sustained.
          Germany
          UrQent a inieals and replies received
          464. On 5 March 1999, the Special Rapporteur sent an urgent appeal on behalf
          of Mohammed El—Ayachi, a former member of the Algerian army who was said to have
          deserted because of alleged violations of human rights. His request for asylum
          is said to have been conducted in the transit zone of the Frankfurt—am—Main
          airport according to special procedure rules. His request is believed to have
          been rejected on 23 September 1998 because it was manifestly ill—founded. He was
          reportedly awaiting imminent deportation. On 9 October 1998, the administrative
          tribunal of Frankfurt—am—Main declared inadmissible his request for a stay of
          implementation of the deportation order pending the determination of his appeal,
          reportedly because of a delay in the submission of this request by his lawyer.
        
          
          E/CN. 4/2000/9
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          465. On 6 August 1999, the Special Rapporteur sent an urgent appeal on behalf
          of Ali Reza Kalantri, an Iranian national who was reportedly facing imminent and
          forcible repatriation on 10 August 1999 from Frankfurt Airport on a Lufthansa
          flight to Iran, where he may have been at risk of torture. His applications for
          refugee status were reportedly rejected by the German authorities and he was
          forced to sign a document from the Iranian Consulate in Munich agreeing to
          return to Iran. He was reportedly arrested by the police in Cologne on 20 June
          1999 while he was protesting against the Government of Iran.
          466. On 11 Nover er 1999, the Special Rapporteur sent an urgent appeal on
          behalf of Fathelrahman Abdallah, a Sudanese asylum seeker and active mer er of
          the opposition Democratic Union Party of Sudan who was said to be facing
          imminent and forcible repatriation to the Sudan, where he may have been at risk
          of torture. The German authorities had reportedly attempted to return him
          forcibly three times in Septer er, October and November 1998, after his asylum
          claim was first rejected. All these attempts were reportedly abandoned when he
          put up strong resistance. He was allegedly ill—treated by police officers during
          the second and third attempts. At the time the urgent appeal was written, he was
          being held in a detention facility in Nuremberg, pending his deportation. His
          doctor, who was not able to see him, reportedly diagnosed an acute heart problem
          and depression and believed that he should not be deported. However, the
          Bavarian authorities have reportedly issued a deportation order, to take effect
          on 12 November 1999. His lawyer is reported to have filed an appeal to the court
          of Ausbach pending a decision on the merits of his case.
          Guatemala
          ReQular communications and replies received
          467. By letter dated 12 October 1999, the Special Rapporteur transmitted to
          the Government information on Lorena Carmen Hernández Carranza and Nery Mateo
          Hernández, street children aged 15 who were sleeping in a park at the
          intersection of Avenida 15 and calle 3 in Zone 2 of Guatemala City on
          11 February 1999 when they were awakened and beaten by members of the Civil
          Police Force (PCN) . The dress of the officers showed them to be part of the
          Special Police Force, an elite unit within the PCN. They allegedly threw the
          youngsters to the ground and told them to undress, then told Nery Mateo
          Hernández to turn around while they sexually abused Lorena Carmen Hernández
          Carranza. Afterwards they reportedly ordered them to get dressed and leave,
          saying they would come back the next day to “bring them marijuana”. The Casa
          Alianza Legal Aid Office reportedly took the youngsters to lodge an oral
          complaint on these events with the Office of the Public Counsel-General and the
          Office for Professional Responsibility of the Civil Police.
          Follow—un to previously transmitted corimunications
          468. By letter dated 26 May 1997, the Special Rapporteur transmitted to the
          Government a number of alleged cases of torture in Guatemala. By letter dated
          29 October 1998, he reminded the Government of cases on which it had supplied no
          information. By letters dated 14 and 21 Decer er 1998, the Government provided
          responses on the cases, as outlined below.
          469. Rosa Eswin el Ruiz Zacarias, Edwin Tulio Enriguez Garcia and Belarmino
          Gonzalez de Leon were reportedly detained and tortured on 13 March 1997 by a
          group of armed men in civilian dress in Villa Nueva, Guatemala department (see
        
          
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          E/CN.4/1998/38/Add.1, para. 146) . The Government indicated that charges had been
          brought before the District Government Prosecutor's Office in Amatitlán,
          Guatemala department. It should be kept in mind that the manager of the
          enterprise where these persons worked and were detained had hired private
          investigators to look into the theft of 17 industrial machines on 7 March 1997.
          No medical examination of the workers was carried out and no judicial
          determination had yet been made regarding those responsible for the alleged
          actions.
          470. Luis Alfredo Bonilla Juárez, a street child aged 17, was reportedly
          detained and tortured in Guatemala City on 18 March 1997 by two police officers
          (see E/CN.4/1998/38/Add.1, para. 145) . The Government indicated that the Office
          for Professional Responsibility of the National Police had carried out
          preliminary investigations and that the case was now before the Government
          Procurator's Office for Administrative Offences. The Criminal Court of First
          Instance for Drug—related Activities and Environmental Offences was in charge of
          the investigation, and preliminary steps were under way. The police officers who
          made the arrest had been identified. No medical examination had been carried out
          because, as the Deputy Chief, Second Corps, of the local police station had
          indicated, the young person had suffered no injuries. No responsibility had yet
          been attributed.
          471. In his letter dated 29 October, the Special Rapporteur also transmitted
          to the Government other cases of torture allegedly corimitted in Guatemala.
          472. By letter dated 14 December 1998, the Government provided the responses
          described below.
          473. Martin Pelicó Coxic was reportedly kidnapped, tortured and executed in
          June 1995 by a military corimissioner and two mer ers of the Civil Defence
          Volunteers Committees (CDVC) who had been arrested but released in July 1996 for
          lack of evidence (see E/CN.4/1999/61, para. 281) . The Government indicated that
          an investigation was being carried out by the National Police through the
          Criminal Investigation Service of the Government Procurator's Office. The El
          Quiche second Criminal Court of First Instance for Drug—related Activities and
          Environmental Offences was in charge of the investigation. Forensic medical
          examination pointed to multiple injuries on the body of Martin Pelicó Coxic.
          Arrest warrents had been issued for the three individuals implicated in the case
          and operations had been carried out in the town of San Pedro Jocoopilas, El
          Quiche department, in order to serve the warrants, but the accused had left the
          area and their whereabouts were unknown. The investigation was continuing.
          474. Mario Alioto Lopez Sanchez allegedly died from a shot fired by security
          forces, including agents of the Immediate Reaction Force, during a demonstration
          on 11 November 1994 at the University of San Carlos (see E/CN.4/1999/61,
          para. 283) . The Government indicated that the police had intervened because of
          serious incidents and public disturbances caused by the demonstration, including
          the burning of a number of public transport buses. Those presumed responsible
          for the death of the student, Mario Alioto LOpez Sanchez, had been brought to
          trial. On 30 July 1997, the third Criminal Court for Drug-related Activity and
          Environmental Offences had handed down a coercitive judgement against a former
          Minister of the Interior, a former Vice—Minister of the Interior, a former
          Director—General of the Police and a police officer for the crimes of
          intentional homicide and severe and minor bodily harm to a third party. A
          sentence of 30 years' imprisonment had been imposed upon a former chief of the
        
          
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          Fifth Corps of police on grounds of murder and severe and minor bodily harm.
          Another of the accused had been acquitted and the whereabouts of one of those
          implicated in the case remained unknown. On 28 October 1997, the fourth Charter
          of the Court of Appeals had partially voided the earlier decision and acquitted
          all the accused except the former chief of the Fifth Corps of police, whose
          sentence was reduced to 10 years' imprisonment. Judicial review proceedings are
          under way. No financial compensation has been granted in the case, because there
          have been no means of substantiating the damages and injuries, the plaintiffs
          having merely cited a sum.
          Gui n e a — B i 5 s a u
          ReQular communications and replies received
          475. By letter dated 3 September 1999, the Special Rapporteur informed the
          Government that he had received information on the following cases.
          476. About twenty people were reportedly detained by the military in February
          1998 and accused of arms trafficking. They are said to have been beaten with
          truncheons. Four of them allegedly suffered partial paralysis: Filipe Manga of
          the left hand, and the others, including Lamine Djata of Senegal, of the legs.
          477. Samba Djalo, a member of the Junta Militar, was reportedly arrested in
          Judgul in late June 1998. He is said to have later escaped from prison and to
          have testified that soldiers stuck needles into his penis at the time of his
          arrest.
          478. Armando Bion was allegedly arrested in Bissau in September 1998 and
          accused of espionage for the Junta Militar. Soldiers reportedly struck him with
          their rifle butts.
          479. Asumane Fati, a member of the political opposition party Uniao para a
          Mudança, was reportedly arrested on 4 July 1998 for having criticised the
          President of the Republic and was taken by a soldier to a cell in the central
          police station. There he is said to have been struck all over the body with a
          military belt, his ear reportedly being torn. He is said to have been released
          soon thereafter. He was allegedly treated in this manner for having started a
          petition calling for a halt to the fighting in Guinea—Bissau.
          480. By letter dated 8 Nover er 1999, the Special Rapporteur reminded the
          Government of a number of cases he had transmitted in October 1998 regarding
          which no response had been received.
          UrQent a inieals and replies received
          481. On 6 January 1999, the Special Rapporteur transmitted an urgent appeal
          jointly with the Chairman-Rapporteur of the Working Group on Arbitrary Detention
          concerning Alpha Conde, a member of the National Asser ly and currently
          president of the Rassemblement du Peuple de Guinée, who had been a presidential
          candidate in the elections of 14 December 1998. He was reportedly arrested on
          the night of 15 Decer er by members of the Presidential Guard and has allegedly
          been kept ever since in incommunicado detention in an unidentified location,
          although it appears that he is being detained at Koundara military camp.
        
          
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          Haiti
          ReQular communications and replies received
          482. By letter dated 3 September 1999, the Special Rapporteur informed the
          Government that he had received information on the following cases.
          483. Pierre—Yvon Chéry, director of Radio Télédiffusion Cayenne, was
          reportedly arrested on 2 September 1997 at the Les Cayes radio station by
          15 mer ers of the Compagnie d'intervention et de maintien d'ordre (CIMO) . They
          allegedly struck him with the butts of their guns and fists during his arrest
          and while he was in detention. He was reportedly released the next day without
          having been charged. The three police officers accused of severe ill—treatment
          reportedly failed to present themselves before the court on 6 November 1997. It
          has been impossible to determine whether a police investigation was carried out.
          484. In February 1998, members of various specialized police units reportedly
          intervened in clashes between local police and the population of Mirebalais. On
          5 February, the police allegedly arrested two people, including a mer er of the
          organization Operayson Met Lad nan Dezàd (OMLD) . About fifty people, the
          majority of them members of the organization, reportedly demonstrated in front
          of the police station where he was detained. Shots were allegedly fired; a
          passerby was fatally injured and another seriously wounded and fighting broke
          out. The demonstrators are said to have burned cars and threatened the local
          police chief with a machete. Three hours later, mer ers of the CIMO and of the
          Haitian Police Intervention Group (GIPNH) reportedly arrived together with the
          Director—General of the National Police, the Secretary of State for Public
          Security and a team from the Hinche Departmental Unit for the Maintenance of
          Order (UDMO) for the purpose of restoring order. The security forces allegedly
          arrested many people, particularly OMLD members, in Mirebalais, Lascahobas and
          Saut d'Eau, during the night and without warrants. Most of them were beaten at
          the time of their arrest and during their detention at the Mirebalais police
          station. At least three people had to be hospitalized as a result of these
          events. A number of commissions of inquiry, including ones set up by the
          Criminal Investigation Service at Port—au—Prince and by the Parliamentary
          Corimittee on Human Rights, were reportedly sent to the scene of the events. The
          results of these inquiries are not known to the Special Rapporteur.
          485. By letter dated 8 Nover er 1999, the Special Rapporteur reminded the
          Government of a number of cases he had transmitted in Septer er 1998 regarding
          which no response had been received.
          India
          ReQular communications and replies received
          486. By letter dated 19 November 1999, the Special Rapporteur advised the
          Government that he had received information alleging routine torture in
          detention facilities throughout the country. The police and jailers allegedly
          torture or ill—treat new prisoners to obtain money and personal articles. Police
          are reported to torture detainees frequently during custodial detention.
          Further, the Special Rapporteur has transmitted to the Government numerous
          allegations that military and paramilitary forces in the north—east have engaged
          in arbitrary detention, abduction, torture, including rape, and extrajudicial
        
          
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          executions. Finally, police have allegedly used excessive force in breaking up
          demonstrations, leading to several deaths.
          487. The Special Rapporteur transmitted the following individual cases.
          488. Murshi Ali was reportedly killed in Baghat Barzalla, Srinagar by security
          forces on suspicion of having received guerrilla training in Pakistan. He was
          reported missing by his father on 17 May 1998 after he failed to return home
          from work the previous day. The police informed the father that his son had
          crossed the line of control into Pakistan for guerrilla training. On 24 May, the
          police returned to his family his body, which allegedly bore signs of torture.
          489. Moharimad Ramzan Wani was reportedly arrested on 13 June 1998 at his home
          in Nai Bagh, Tral district, in the presence of his family, by members of the
          Special Operations Group of the Jammu and Kashmir police. A day later his dead
          body, allegedly showing bullet holes and marks of torture, was handed over to
          family members.
          490. Han Shankar Pal was reportedly beaten to death after his arrest on
          8 December 1997 by the Hauz Kazi police. Ater two days of alleged abuse, the
          police took him to the Ram Manohar Lohia hospital, where he was pronounced dead
          on arrival. The National Human Rights Commission has reportedly ordered an
          investigation into his death.
          491. Yumlembam Sanamacha, aged 15, is reported to have disappeared following
          his arrest by members of the 17th Rajputana Rifles in February 1998 from his
          home in Angtha village, Manipur. He was allegedly forced to lie face down on the
          ground with his arms out straight and he was then beaten by army personnel. An
          iron instrument was placed on the soles of his feet which caused his entire body
          to shake violently. The authorities initially denied that he had been arrested,
          but then said that he had escaped from custody. The central Government has
          allegedly taken steps to prevent the state government from investigating the
          case.
          492. Moharimad Ashraf Ehat and his wife Shamima Bano were reportedly asked to
          report to members of the Special Operations Group camped in Humhama District
          Budgam, Kashmir, on 20 November 1998. Shamima, who was six months pregnant, was
          allegedly subjected to electric shocks for approximately 15 minutes while being
          interrogated. As a result, the foetus reportedly died in her womb. Her husband
          was then called into the same room and, in the presence of his wife, subjected
          to electric shocks and hung from the ceiling with his hands tied behind his
          back. She was subsequently admitted to the Lala Ded Hospital for Women in
          Srinigar.
          493. Rafiqa was reportedly interrogated about her brother at her home in
          Malangam Bandipora on 11 Decer er 1998 by six jawans of the 14th Rajputana
          Rifles camped in Malangam. When she was unable to provide the soldiers with any
          information, they allegedly beat her for approximately 30 minutes. As a result
          of the beating, one of her legs was reportedly fractured.
          494. Marimuthu, Jayaseelan and Madurai Veeran were reportedly detained on
          charges of theft by police in Kodaikanal, Dindigul-Anna district on 21 June
          1999, and interrogated for two days, during which time they were allegedly
          severely beaten. Madurai Veeran was released on the evening of 22 June, while
          the other two remained in custody until the morning of 23 June. Marimuthu's
        
          
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          right eye was allegedly severely injured and he was reportedly taken to a
          private hospital the following day, where he was declared dead upon arrival. His
          body was reportedly covered with wounds. A cost mortem examination was performed
          on 23 June, but as of 28 June no report had been issued to the local officials,
          despite the fact that regulations require a report to be issued within 24 hours.
          A senior police official reportedly proclaimed before a crowd that he would file
          murder charges against the police constables involved, but the police reportedly
          refused to comment later when questioned on the matter.
          495. Ghulam Mohrcmad Guru was reportedly arrested in November 1995 by members
          of the Border Security Forces (BSF) and Renigades camped at Karangar Srinagar
          and taken to the Karan Nagar interrogation centre. During interrogation, he was
          allegedly severely beaten on the head and nose and lost consciousness for four
          days. He was reportedly subsequently transferred to an interrogation centre
          known as “Papa Two” where he was detained for a few months and subjected to
          further torture. As a result, he was reportedly paralysed on one side of his
          body. From “Papa Two”, he was transferred to Court Bilwal Jail and then
          Udhampor. No medical treatment was provided to him until he was taken to Jarimu
          Hospital. From there he was shifted to Rangrate Jail and finally released on
          4 April 1998. He is now reportedly completely disabled.
          496. Ali Mohammad Bhat was reportedly taken from his home on 15 December 1998,
          by mer ers of the 15th Rajputana Rifles, to the Watlub Bandipora camp for
          interrogation about the possession of a gun. During this period, his father went
          to the camp and was allegedly arrested and subjected to torture. He is reported
          to have then taken members of the Rajputana Rifles to his home to search for the
          weapon. When they were unable to find any weapons, they threw Ali Mohammad from
          the third storey of his house. He suffered a broken leg and arm and injuries to
          his head. He was transferred to the Bone and Joint Hospital, Barzulla Srinagar.
          497. Nazir Ahmid Hajam was allegedly arrested in the Tehsil Sonawari district,
          Baramullah, by mer ers of the Indian army camped at Manasbal Safapora, on
          16 January 1999. He reportedly died in custody at the camp, allegedly as a
          result of torture. His body was taken to the village of Chewa and fired upon
          indiscriminately to make it appear as though he had been killed in a fight.
          498. Y. Mani, Vice—President of the All Manipur United Clubs Organization
          (AMUCO) , which has recently protested human rights violations in the state, was
          allegedly arrested at his home by security forces of the 32 Rashtirya Rifles on
          16 April 1999 and taken to the local army camp, where he was accused of
          belonging to the Revolutionary Peoples Front (RPF) . He was allegedly beaten on
          his entire body, including his head and face, with a wooden stick, and on his
          back with an iron chain. He reportedly needed to be hospitalized for two days as
          a result of his injuries.
          499. In the same letter, the Special Rapporteur reminded the Government of a
          nur er of cases transmitted in 1997 and 1998, in relation to which no replies
          had been received.
          500. By letter dated 22 November 1999, sent jointly with the Special
          Rapporteur on violence against women, its causes and consequences, the Special
          Rapporteur advised the Government that he had received a nur er of individual
          cases of alleged rape which are summarized below.
        
          
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          501. Bina Das was reportedly raped and killed by two members of the Border
          Security Force (BSF) in Thamana on 17 July 1998. She was then allegedly stabbed
          with a moida , a traditional knife used for dressing fish and cutting vegetables.
          After hearing her screams, neighbours found Bina Das on the floor and before she
          died she was reportedly able to relate what had occurred. Although her husband
          reportedly filed a complaint at the Dumuni police outpost of Barbari police
          station, the two BSF mer ers identified were not charged. The husband's family
          and relatives were detained and allegedly subjected to torture.
          502. Urbashi Rava, Basavi Rava, Suni Rava and Damshri Rava were reportedly
          raped by Central Reserve Police Force (CRPF) personnel during an army operation
          in the village of Amlaiguri in Kokrajhar district on 11 January 1997. After the
          incidents of rape, the victims were threatened not to disclose the incidents.
          Despite protests by various local organizations, no action was reportedly taken
          to investigate the matter.
          503. Tulumoni Dcvi was allegedly gang raped by eight soldiers stationed at the
          Barapujia Army camp on the evening of 24 April 1997 in Kopahera Ghumatigaonin
          Marigaon district. The eight soldiers forcibly entered her residence during an
          operation to cordon off the residence of Bhabananda Choudury, who was detained
          for questioning about his brother Bul Choudhury, a ULFA activist. Tulumoni Dcvi
          was admitted to the district civil hospital and her husband filed a complaint at
          the Mikirbheta police station. Later, the soldiers reportedly threatened the
          villagers when they learned that a case had been filed. Women from 40 local
          villages held a rally on 27 April and presented a petition to the Deputy
          Corimissioner, Marigaon, demanding a judicial inquiry. No further action has
          reportedly been taken.
          504. Tarulata Pegu was allegedly repeatedly raped on 10 May 1997 in the
          village of Jonai, Dhemaji district, by a group of Indian army personnel
          searching for ULFA activists. Her husband filed a case at Jonai police station
          and she was examined at the hospital. Although one defendant was named in the
          complaint, neither the police nor the civil administration reportedly took any
          steps in the matter.
          505. Santhali Bodo, aged 17, and Rangeela, aged 15, where allegedly raped on
          21 May 1997 by army personnel of the 16 Rajput Regiment operating in the
          Tamulpar police station area in Nalbari district. The following day they are
          alleged to have entered the house of Dayaram Rava and raped his daughters
          Runumi, aged 16, and Thingigi, aged 17. Samashri, aged 13, Janthari, aged 14,
          and Ar e, aged 13, were allegedly raped in their respective residences. Although
          a case was filed in the Tamulpur police station, no investigation was reportedly
          carried out.
          506. Minoti Bala Rai and Dura Rai, aged 18, were allegedly raped in the
          village of Kasidoba by CRPF personnel on 23 May 1997. The Indian army and CRPF
          had reportedly raided the area in search of United Liberation Front of Assam
          (ULFA) militants following an ambush by ULFA, in which two CRPF personnel were
          killed. A group of army men allegedly entered the home of Minoti Bala Rai and
          raped her. Dura Rai was caught while trying to flee the village and taken into
          nearby jungle where she was raped until she became unconscious. The Bangaigaon
          police station and the District Administration reportedly refused to register
          any case.
        
          
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          507. Mamoni Koch, aged 12, was allegedly raped in the village of Komarchuburi
          in Sontipur district on 25 May 1997 by two soldiers belonging to the 25 Punjab
          regiment stationed at Dhekiajuli Industrial Centre. The soldiers kicked the
          young girl's grandmother when she tried to defend her granddaughter, and then
          raped the grandmother. The father of the victim made a complaint to the officer-
          in—charge of the operation. The officer reportedly surimoned his regiment and one
          of the perpetrators was identified by the victim in his presence and in the
          presence of the villagers. The father also filed a report at the Dhekiajuli
          police station. The report was reportedly examined by a Chief Judicial
          Magistrate.
          508. Jamuna Sargiary was allegedly raped by a mer er of the CRPF at her
          residence in Langhin Goraimari village in Karbi Anglong district on 30 July
          1997. The soldiers who had entered several residences in search of militants,
          allegedly struck Ramakanta Sargiary, her husband, on the head and chest,
          knocking him unconscious. The soldier then allegedly raped her. The police
          reportedly refused to register a complaint made by the victim the following day,
          allegedly stating that it was then too late to register the complaint.
          509. Dulumaya Tamang and Sandimaya Tamang, two 12—year—old sisters, were
          allegedly raped by two policemen at their home in the village of Jayrampur
          Saygharia in Dhemaji district on 4 August 1997, by two plain—clothes policemen.
          The officer at Bordoloni police post allegedly refused to register the complaint
          and did not take any steps to have a medical examination of the victim. A group
          of policemen returned to the house of the family on 28 August and reportedly
          beat the father for filing a complaint. Sandimaya Tamang was then allegedly
          again raped. The district administration has reportedly refused to take action.
          510. Kalpana Das Kakoti was allegedly raped by soldiers of 13 field Regiment
          Corimandos in the village of Patasali Bangaon Chariduwar in Sonitpur district.
          She reportedly lost consciousness as a result of the gang rape. Family members
          filed a complaint at Rangapara police station and she was admitted to hospital.
          She reportedly required seven stitches to close the tear that resulted from the
          rape. She was produced before the Chief Judicial Magistrate, who ordered the
          recording of her and other villagers' statements. The police alleged that she
          had been raped by mer ers of the village.
          511. Tukheswari Rava was allegedly raped by personnel of the 109 BSF on
          14 January 1998 in Mulagon village. The Bangaigaon police station registered a
          case and the district administration ordered a magisterial enquiry.
          512. Dimola Doimary was allegedly raped by soldiers of No. 2 Madras Regiment
          in No. 2 Bhalukmari village in Darang district on 10 March 1998. A complaint was
          registered by the Udalguri police and her statement recorded by a magistrate,
          but she was not sent for a medical examination until 18 March 1998.
          513. Anjali Basumatary was allegedly raped by soldiers of the No. 2 Madras
          Regiment in No. 2 Bhalukmari village on 10 March 1998.
          514. Khandi Doimary, Anita Khakhlary and Rina Khakhlary were allegedly raped
          by soldiers of the No.2 Madras Regiment in the village of Sonari Khawang Gaon in
          the Darrang district on 11 March 1998.
          515. Monaishry Doimary was allegedly raped by soldiers of the No. 2 Madras
          Regiment stationed at Rowta in the No. 2 Bhalukmari forest village on 14 March
        
          
          E/CN. 4/2000/9
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          1998. Family members of the victim submitted a memorandum to the district
          magistrate on 12 March 1998 requesting an investigation, but there has been no
          information on the progress of the investigation.
          516. Nbiari Doimary was allegedly raped by soldiers of No. 2 Madras Regiment
          stationed at Rowta in Hatkhula village in Darrang district on 14 March 1998.
          Neighbours reportedly lodged a complaint with the Udalguri police station the
          next morning and she was sent for a medical examination on 18 March 1999.
          517. Lilawati Baishya was allegedly raped by members of the 313 Field Regiment
          in the village of Paikarkuchi in Nalbari district on 16 July 1998. Soldiers came
          to the home of Dharani Baishya, Lilawati's husband, and pulled him out of the
          house and beat him severely along with his small children while two of the
          soldiers inside the house stripped Lilawati Baishya and tortured her. One of the
          soldiers allegedly sat on top of her and bit several parts of her naked body.
          Then the two soldiers raped her repeatedly. As they left, they allegedly
          threatened her not to lodge any complaint concerning the gang rape.
          518. Bina Baishya was allegedly raped by members of the 313 Field Regiment in
          the village of Paikarkuchi in Nalbari district on 16 July 1998. The soldiers
          reportedly threatened the family and the victim not to lodge any complaint.
          UrQent a inieals and replies received
          519. On 9 February 1999, the Special Rapporteur sent a joint urgent appeal
          with the Chairman-Rapporteur of the Working Group on Arbitrary Detention on
          behalf of Zahoor Ahmed Khanday, aged 15. He had reportedly been taken from his
          parents' house in the village of Maloora, near Srinagar, by mer ers of the
          Special Operation Group (SOG) , a branch of the State police, on 2 February 1999.
          On 3 February, the SOG reportedly denied that he was in their custody. On
          4 February, his parents unsuccessfully tried to file a First Information Report
          at Parimpor police station to record their son's “disappearance”. On the same
          day, his uncle is reported to have visited the SOG headquarters at Hafthchinar,
          Cargo Complex, where SOG officials apparently admitted that they were holding
          him. The Government replied on 12 August 1999 that Zahoor Ahmed Khandey, son of
          Mohammed Ramzan Khandey, was apprehended by the Special Operation Group of the
          Jarimu and Kashmir police on 2 February 1999 on suspicion of involvement in a
          case concerning his brother Bashir Khandey of the shooting a Jammu and Kashmir
          police constable at Baramaloo. The Government further reported that after
          preliminary questioning, he was released on 5 February 1999 and was currently
          staying at his house.
          Follow—un to previously transmitted corimunications
          520. By letter dated 22 March 1999, the Government replied to an urgent appeal
          sent by the Special Rapporteur on 10 July 1998 (see E/CN.4/1999/61, para. 311)
          and two cases transmitted to the Government by the Special Rapporteur by letter
          dated 11 November 1998 (see E/CN.4/1999/61, paras. 293 and 300). In relation to
          the urgent appeal, the Government replied that Bimal Kanti Chakma was arrested
          on 6 July 1998 by the police officer in charge of Miao police station, after a
          complaint was made by another man that Bimal Kanti Chakma and others had plotted
          a case of possession of illegal firearms out of personal rivalry with the man.
          The Government further replied that he was later released on bail and denied
          that he was tortured while was detained.
        
          
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          521. In response to the case concerning Rajesh Pillai, the Government denied
          all allegations as false and baseless. The Government stated that he was called
          to the police station in Bhilai Town for interrogation on two occasions. During
          his second interrogation, on 7 August 1997, he made a confession and was
          formally arrested. The Government informed the Special Rapporteur that during
          his arrest he complained of having sprained his legs as a result of a fall from
          a staircase and was examined by doctors the next day who found that his injury
          was minor. The Government further informed the Special Rapporteur that he was
          produced at court on 8 August 1997 and was remanded for three days. The
          Government stated that he had had sufficient opportunity to bring allegations of
          torture or denial of access to legal services before appropriate courts of law
          and had not done so. The Government denied that he had been denied access to a
          lawyer and informed the Special Rapporteur that he had been allowed to meet his
          advocate whenever he requested to do so.
          522. In relation to Debu Pramanik, the Government responded that an inquiry
          was undertaken into the case by the Human Rights Commission of the State of West
          Bengal. The Corimission issued a number of recommendations which were accepted by
          the state government, including instructions to the Director General and
          Inspector General of Police of West Bengal to police prosecute the commanding
          officer of the Chinsurah police station, an examination of the involvement of
          police personnel of the Chinsurah police station by the Central Investigation
          Department, West Bengal and the issuance of departmental proceedings against the
          sub—inspector, assistant sub—inspector and two constables. Furthermore, the
          Corimission communicated its displeasure and disapproval of the conduct of the
          Superintendent of Police, the sub—Inspector and four duty officers to the
          individuals involved and ordered an interim compensation payment of Rs. 20,000
          to the wife of the deceased on 7 April 1997.
          523. By letter dated 26 February 1999, the Government replied to an urgent
          appeal sent on 24 July 1998 (see E/CN.4/1999/61, para. 312) . The Government
          informed the Special Rapporteur that Jaspal Singh Dhillon was arrested on
          23 July 1998 on suspicion that he had received money from abroad for
          implementing an alleged conspiracy to destroy the Burail jail in Chandigarh. The
          Government stated that police authorities had recovered from his possession
          electronic equipment used for monitoring police wireless corimunications as part
          of preparations to destroy the jail. The Government stated that he had been
          brought before a magistrate a nur er of times and had raised no complaint
          regarding any torture inflicted on him by police. He was remanded to police
          custody until 30 July 1998 and thereafter was sent into judicial custody until
          19 Septer er 1999.
          524. By letter dated 14 October 1999, the Government replied to a case
          transmitted by the Special Rapporteur in his letter dated 11 Nover er 1998 (see
          E/CN.4/199/61, para. 291) . The Government confirmed that Sucha Singh was
          arrested on 1 September 1999 and interrogated for three hours by the Officer—in—
          charge of the Central Intelligence Agency, Jalandhar, but denied the allegations
          of torture. The Government indicated that this was confirmed by Such Singh's
          affidavit dated 2 Septer er 1997. Furthermore, the Government stated that those
          allegations had been investigated by a senior police officer.
          525. By the same letter, the Government replied to an urgent appeal sent on
          22 Septer er 1999 on behalf of three social workers of the Bal Rashmi Society
          (see E/CN.4/1999/61, para. 313) . The Government indicated that a complaint had
          been filed against Abdul Sattar, Sita Ram and Satya Narain for rape. During the
        
          
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          course of the investigation, Abdul Sattar is said to have confessed to his crime
          and to the involvement of the two other persons. Furthermore, the Government
          informed the Special Rapporteur that several cases of sexual exploitation had
          been registered by women against the organization for which they were working.
          Finally, the Government indicated that the allegations of torture were baseless
          and that a National Human Rights Corimission team was currently thoroughly
          investigating the whole matter.
          526. By letter dated S Nover er 1999, the Government responded to two cases
          transmitted by the Special Rapporteur in November 1999 (see E/CN.4/1999/61)
          Concerning Humagaut Rongmei (ibid., para. 302) and Kerhing Zaliang (ibid.,
          para. 303), the Government confirmed their arrest by personnel of the Assam
          Rifles, but, in the light of medical reports and investigations by the relevant
          authorities, denied the allegations of torture as baseless.
          Observations
          527. The Special Rapporteur appreciates the responses of the Government. He
          notes that they cover only a small proportion of the cases transmitted in 1998.
          He again regrets the absence of an invitation to visit the country to obtain a
          clearer picture of a situation that has been of continuing concern over many
          years.
          Indonesia
          ReQular communications and replies received
          528. By letter dated 29 November 1999, the Special Rapporteur advised the
          Government that he had continued to receive information according to which acts
          of torture were widely used by the police and security forces to coerce
          confessions or information from victims in Indonesia, particularly in the areas
          of East Timor, Irian Jaya and Aceh.
          529. The police allegedly frequently use excessive force when responding to
          peaceful demonstrations. Information about the following protests which were
          allegedly dispersed by police using force was transmitted to the Government.
          530. On 8 May 1998, thousands of students and local residents reportedly
          gathered at a local university in central Java to participate in a
          demonstration. When they reportedly tried to march off campus, the police
          allegedly beat them with rattan canes. Some students are said to have responded
          by throwing rocks at the police, which reportedly prompted the police to fire
          tear gas, water cannons and rubber bullets. When the demonstrators did not
          disperse, the police reportedly attacked the demonstrators with rattan canes,
          reportedly severely injuring hundreds of the demonstrators.
          531. On 12 June 1998, approximately 1,500 East Timorese students conducted a
          reportedly peaceful demonstration at the Ministry of Foreign Affairs in Jakarta.
          The demonstrators were reportedly beaten with batons, kicked and put into
          military buses and taken to the Cibubur military camp outside Jakarta, where
          they were reportedly detained for questioning and beaten. According to the
          information received, some were also stabbed with bayonets. Some of the injured
          were reportedly taken to St Carolus Hospital for treatment, including Maria
          Fatima, who was reportedly vomiting blood and suffering from a bleeding nose,
        
          
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          Aghostinha Fonseca and Helena (no surname) , who were both reportedly having
          difficulty breathing.
          532. On 25 August 1998, a group of 750 textile factory workers in central Java
          attempted to march from a local human rights organization in Jakarta to a local
          ILO office. When police officers reportedly attempted to push the demonstrators
          off the street, a shoving match ensued. At this time, police allegedly beat
          19 demonstrators with rattan canes and kicked them until they would retreat.
          533. On 1 July 1999, 30 demonstrators were reportedly injured when the police
          and military used excessive violence to prevent the demonstrators from entering
          the National Election Commission (KPU) office in central Jakarta. Approximately
          300 people were protesting in front of the KPU office when police and members of
          the military allegedly hit several of them with batons and rifle butts, kicked
          them with boots, threw tear gas at them and shot some with rubber bullets. The
          Special Rapporteur has received the names of 15 individuals who were reportedly
          in critical condition at St. Carolus Hospital as a result of the alleged
          violence. A further 15 people reportedly underwent surgery as a result of the
          violence.
          534. On 15 September 1999, riot police allegedly violently dispersed a crowd
          of around 60 student protestors in Jakarta outside the United Nations building
          in downtown Jakarta. Security forces allegedly opened fire outside the United
          Nations building, and riot police were said to have chased protestors with
          sticks and hurled Molotov cocktails into the air. At least three members of
          another group of around 150 demonstrators marching towards the Parliament
          building from the west side of Jakarta were reportedly beaten and kicked by
          security forces on the same day. Seven protestors were reportedly arrested
          including Gunawan Muhamad, a former chief editor of Tempo weekly magazine.
          535. The Special Rapporteur has received information on the following
          individual cases.
          536. Desmon Mahesa, Chairman of a local legal aide group, LBH Nusantra, and a
          mer er of the People's Alliance for Democracy (ALDERA), was attacked on the
          street by two armed men in Jakarta on 3 February 1998. He was allegedly pulled
          into a car, had a bag put over his head and was taken to an unknown location
          where he was allegedly subjected to torture while being questioned about his
          political activities. His eyes were allegedly covered and he was handcuffed to a
          chair, while electric shocks were applied to his feet and head, and he was
          beaten and kicked. He was reportedly released on 3 April 1998 at the Jakarta
          airport and he provided a public statement on 12 May 1999 about his treatment.
          537. Pius Lustrilanang, Chairman of ALDERA, was reportedly abducted by an
          armed man who shoved him into a car in Jakarta on 4 February 1998. He was
          reportedly handcuffed and blindfolded and taken to an unknown location where he
          was allegedly tortured, including electric shock treatment, while being
          questioned about the activities of various opposition figures. His head was
          allegedly submerged in water so that he could not breathe, and he was kicked and
          beaten. The torture and interrogation reportedly lasted three days. He was held
          in custody until 2 April 1998. He reportedly described the alleged torture to
          the National Commission on Human Rights on 27 April 1998.
          538. Muharimad Ardiansyah, a 7-month-old baby, was reportedly detained with his
          mother by security forces in Morong, Aceh, in February 1998. The security forces
        
          
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          allegedly suspended him by his legs and left him hanging under the sun for
          several hours in order to force his mother to reveal the whereabouts of her
          husband, who they suspected of separatist activity. Both the mother and child
          were later released.
          539. Rahardjo Waluyo Djati, a member of the National Committee for Democratic
          Struggle, was abducted on 12 March 1998 and taken to an unidentified location
          where he was interrogated, beaten and subjected to electric shocks for three
          days. He was also made to lie on a block of ice. He was reportedly transferred
          to the police on 17 April and subsequently released. He provided public
          testimony of his torture on 4 June 1998.
          540. With respect to the territory of East Timor, massive violations of human
          rights, including torture, were reportedly perpetrated in the lead up to, and
          following, the East Timorese vote for independence. Most of the violations drawn
          to the Special Rapporteur's attention were allegedly perpetrated by pro—
          Indonesian militia groups, reportedly supported by the Indonesian army through
          means including recruitment and training. It was further alleged that the
          Indonesian National Army was coordinating efforts with local militia groups and
          that the army was directly involved in many of the violations.
          541. It was also reported that serious violations were perpetrated against
          East Timorese refugees who fled into West Timor, following the violence that
          erupted in the wake of the referendum. Humanitarian aid workers were also
          targeted. Two staff members of UNHCR were reportedly attacked in September 1999
          in the Nolebake refugee centre. The male staff member reportedly had his throat
          cut with a machete and his face punched, while the female staff member was
          reportedly stabbed in her left rib cage.
          542. The Special Rapporteur has transmitted the following individual cases.
          543. Rosita Gomes Periera was allegedly raped by soldiers from the Lulirema
          military post in Coliate, Hatolia, Ermera district, in her home in the hamlet of
          Darnei in the village of Peotete, Ermera district, on 1 May 1998. She was
          reportedly standing with her two-month-old baby in her arms when a group of
          soldiers approached her. One soldier allegedly held her from behind while
          another soldier allegedly lifted her skirt and raped her. She reportedly made
          unsuccessful attempts to run away with her baby.
          544. Antonio da Costa and his brother, Mauricio da Costa were reportedly
          arrested on 12 May 1998 in Wainiki, Baucau. A dark, “hartop” car, allegedly
          owned by the military reportedly suddenly pulled up beside the brothers who were
          selling bread on the street, and four occupants of the car allegedly threatened
          them with knives. They were reportedly forced into the car and taken to Kopassus
          (Special Forces Command) headquarters in Baucau (the “Rumah Merah”) . During
          their detention, they were allegedly given electric shocks and had their hands
          burned. Following their release on 19 May 1998, Antonio da Costa reportedly
          experienced difficulties with movement in his body, as well as trauma, allegedly
          as a result of the ill—treatment in detention.
          545. Zelia Correia and Luis Correia were reportedly taken on 22 May 1998 for
          interrogation by members of a corcJiined military team from Kopassus, Rajawali and
          Team Saka who were reportedly looking for a group of East Timorese suspected of
          hiding military materials for the guerillas. The men were allegedly beaten and
          threatened at gunpoint to travel to the office of the Corimander of Sector A. On
        
          
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          the same day, two other East Timorese, Adilson da Costa Correia and Domingos
          Moreira, both from Mulia village, were allegedly beaten by members of the same
          corcJiined military team and taken into custody at Kopassus headquarters in
          Baucau. The alleged beatings reportedly resulted in bleeding from the nose and
          mouth.
          546. The Special Rapporteur received information about an incident at the
          Becora prison in Dili on 2 June 1998 involving around 83 prisoners who suffered
          food poisoning. The affected prisoners reportedly called for help but were
          allegedly ignored by the prison authorities. One prisoner, Domingos da Silva,
          was reportedly vomiting blood. Thirty-two prisoners were reportedly taken to the
          local public hospital (RSUD) for treatment that night. The majority of them were
          allegedly ordered to be sent back to prison by the Indonesian authorities even
          though some had reportedly not recovered and still required further medical
          treatment. Some prisoners who refused to return to prison were allegedly
          threatened at gunpoint by military officers. According to the information
          received, some prisoners were allegedly beaten, kicked at and pushed into
          waiting cars to be taken back to the prison. Some military officers allegedly
          pulled oxygen masks off some of the sleeping patients and forced them to return
          to prison. Several prisoners reportedly later returned to hospital, where they
          were vomiting. Some prisoners were reportedly returned to the hospital
          unconscious. At least two prisoners reportedly died as a result of the
          poisoning.
          547. Eugenio Sousa, Marito (no surname), Serafin de Jesus Ribeiro, Augusto
          Pinto, and Esaias (no surname) , were reportedly arrested on 11 July 1998 when
          they were standing guard in the Beto hamlet in Comoro, Dili. According to the
          information received, around 20 members of the armed forces approached the five
          men and asked them why they were there. The youths reportedly told them that
          they were keeping guard against Ninjas, to which the soldiers reportedly replied
          “we are the Ninjas” and then allegedly beat and tortured them. They were
          allegedly kicked and beaten with gun butts in order to extract information from
          them. Serafin de Jesus Ribeiro and Augusto Pinto were allegedly stripped naked
          and them hit in their faces, heads, chests and stomachs. According to the
          information received, some information was obtained during the alleged torture,
          which resulted in the five men being released.
          548. Anastacia de Assuncao, a woman from the village of Assalimo in Lospalos
          and a niece of a commander of Falintil, was allegedly abducted on 24 September
          1998 and then raped and killed by a mer er of Team ALPA, a paramilitary
          organization trained by Kopassus. It is reported that she was last seen being
          taken away on a motor bike by the member of Team ALPA after she had finished
          school in Lospalos. She was reportedly beaten with stones, sustaining fatal
          injuries including a fractured skull and a broken neck. Her family reportedly
          requested the arrest of the member of Team ALPA and the initiation of a criminal
          investigation, but it is alleged that no such action has been taken.
          549. Arlinda de Jesus was allegedly raped in front of her niece by a member of
          Battalion 642 Post IV in Bubutau, Fuat village, Iliomar on 13 October 1998. An
          armed soldier reportedly approached her while she was at a waterhole in Luanira
          with her niece, and allegedly grabbed her and forced her into the bush without a
          word. The soldier allegedly raped her despite her reported protests and
          threatened her with his weapon not to scream. He allegedly threatened to shoot
          her niece if she tried to run away. After the incident became known to the local
          corimunity, an officer from Kodim 1629 Lautem allegedly threatened her and her
        
          
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          family and demanded that she stop talking about the incident. The officer
          allegedly drew a small axe from his waist and threatened to attack her husband.
          He reportedly then unleashed the axe on some nearby rocks and trees and shouted
          that he would kill them all and call for a truck to pick up their corpses and
          dump them. An investigation into the case has reportedly corimenced.
          550. Etelvina Maria Dias and Vicentinha Fernandes were reportedly arrested on
          13 November 1998 in Barike hamlet, Fahinehan village, on suspicion of being
          involved in an attack on the military post in Alas on 9 November. The 2 women
          reportedly fled to Barike for protection, but were located and arrested by
          soldiers from Battalions 744, 745 and 315 who had been on duty in Fahi Lequimau.
          The women were allegedly tied together with wire, kicked and beaten with rifles
          and subjected to verbal sexual harassment. According to the information
          received, the women were then taken to Daramata hamlet where they were detained
          overnight. The following morning they were reportedly taken to the Battalion 315
          post at Fahileqimau where they were allegedly beaten again. Soldiers allegedly
          tore their clothes off and grabbed and squeezed their breasts and vaginas,
          saying that they must be hiding letters in their underwear. The women's hair was
          reportedly burnt with matches. The following day the women were reportedly taken
          to Kodim 1634, Same, where they were allegedly also beaten by soldiers and the
          soldiers' wives. Thereafter, they were reportedly taken to Polres Manifahi for
          interrogation during which time they were allegedly forced to make false
          confessions. They were reportedly released but remained under house arrest.
          551. Rui Kiak and Domingos da Costa, both students, were reportedly arrested
          on 13 October 1998 on a street in Dili. At the time of their arrest, they were
          allegedly beaten with iron bars and rifle butts by mer ers of the mobile police
          brigade (BRIMOB) , Dili. They were reportedly taken to Polres Dili where they
          were awaiting trial. According to the information received, their arrests were
          allegedly a reprisal for the physical assault of a Brimob member by the two
          youths the previous day.
          552. The Special Rapporteur has received information about the alleged
          rounding up, beating and transfer of 26 prisoners at Becora Prison, Dili on
          30 October 1998. According to the information received, the prisoners (a list of
          whose names has been received by the Special Rapporteur) were rounded up by the
          Indonesian military and allegedly subjected to violent beatings and hit with gun
          butts, before being put into military vehicles and transferred to the Balide
          military prison facility. It is said that the reason for their alleged ill—
          treatment was their political views.
          553. Armando Boavida, Deolindo Castailao Felipe, Ledi Simao, Salvador Soares,
          José da Silva, Nicolau Amaral, Leonardo Sampaio, Tomas da Silva, Luis da Silva,
          Antonio Castro, Domingos Manek Gama and Muis da Silva Soares, all employees of a
          private company, PT Akam, were allegedly beaten with rifle butts by military
          personnel in the Manufahi district on 22 November 1998. The men were reportedly
          suspected by the military of being guerillas, as they had long hair.
          554. The Special Rapporteur has received information about the reported arrest
          and detention at Polda Dili of civilians from the Alas subdistrict in November
          1998. At least 11 people were reportedly subsequently charged under articles 106
          and 110 of the Indonesian Criminal Code, Emergency Law No. 12 and Emergency Law
          No. 55. In particular, the Special Rapporteur has received the following
          individual cases.
        
          
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          555. Marcel Abel was reportedly arrested by members of Battalion 744 on
          13 November 1998. Upon his arrest he was allegedly severely beaten on his face
          and chest with rifle butts. He reportedly lost consciousness as a result. When
          he was revived, the beating allegedly continued. This reportedly happened
          several times before he was reportedly handed over to mer ers of Battalion 315,
          who reportedly held him in detention for three days. He was reportedly in very
          poor health, had been experiencing difficulties eating and drinking and had
          suffered continuous bleeding from his mouth and nose, allegedly as a result of
          the beatings.
          556. Aleixo Dias was reportedly arrested by members of Battalion 744 in Barike
          hamlet, Fahinean village, on 13 November 1998. At the time of his arrest he was
          allegedly repeatedly punched and beaten with rifle butts, sticks and stones. He
          reportedly suffered numerous cuts to his head and arms, allegedly as a result of
          the beatings. He was reportedly taken to Daramata hamlet where he was held for
          two days and was allegedly beaten and burnt with cigarettes to the point that he
          lost consciousness. He was reportedly taken to the Battalion 315 military post
          on 15 November 1998 and then to Kodim Manufahi, Same. At both locations he was
          allegedly tortured. The alleged torturers at Kodim Manufahi allegedly included
          the wives of the soldiers stationed there.
          557. Marcelino Alves was reportedly arrested on 13 November by members of
          Battalion 744 in Barike hamlet, Fahinean village. He was reportedly taken to the
          Battalion 315 military post where he was allegedly punched, beaten with rifle
          butts and had one of his ears bitten off. He was then allegedly tied up, had
          faeces forced into his mouth and was ordered to swallow it. According to the
          information received, he was then allegedly beaten further until he bled
          profusely.
          558. Filipe Fernandes was reportedly arrested on 15 November by the head of
          the Alas Kodim intelligence section. He was reportedly detained in Kodim where
          he was allegedly punched and beaten with wooden clubs until he fainted. Upon
          resuming consciousness, he was allegedly repeatedly stamped on, which caused
          severe bleeding from his face, head and body. He was then allegedly tied and
          suspended to a rope for approximately four hours. He reportedly sustained
          several broken ribs and arms, allegedly as a result of the ill—treatment.
          559. Longuinhos Xavier was reportedly taken by the head of the Koramil
          Intelligence Section to the Koramil military post on 16 November 1998. He was
          reportedly locked in a small room next to the Koramil headquarters where he was
          allegedly stripped naked, knocked to the ground, had his hair torn out and was
          punched and kicked in the face until it was reportedly swollen and bloody.
          560. Julio da Costa, head of the Weberek hamlet, Dotik village, was reportedly
          arrested by mer ers of Poles and Kodim Manufahi, reportedly on suspicion of
          being involved in the killing of three Battalion 315 members on 29 October 1998.
          He was allegedly kicked, punched and knocked to the ground, sustaining cuts to
          his head and chin. He was then reportedly detained at Polsek Same for around
          24 hours where he was again beaten.
          561. The Special Rapporteur has received information on a reported intensive
          military operation organized by members of the Cailaco Koramil, Halilintar, the
          Intelligence Task Force (SGI) , and troops from Battalion 745, in the Cailaco and
          Atabae subdistricts, Bobonaro district, from 27 November to 10 December 1998.
          The operation reportedly took place following the 27 November 1998 killing of
        
          
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          two members of the armed forces in Cailaco. East Timorese civilians were
          allegedly beaten with rifle butts, as well as being punched and kicked. Many
          people were reportedly arrested and detained and the information received
          indicates that many were allegedly tortured while in detention in order to
          extract information.
          562. These events reportedly led to a large number of civilians taking refuge
          at the house of the parish priest in Maliana between 2 and 4 Decer er 1998.
          On 4 December 1998, the military corimander for East Timor and the Maliana Kodim
          corimander reportedly gave assurances that the safety of those wishing to return
          to Cailaco would be guaranteed. However, at least three crew of a public mini-
          bus taking people back to Cailaco from Malina, Evangelino Abel, Salvador Soares
          and Ozorio Soares, were allegedly severely beaten by members of the Cailaco
          Koramil post in Bilimao hamlet, Cailaco, when the bus was allegedly stopped by
          Koramil members. The following individual cases have been received.
          563. Crispin Correia and Ananias Soares were reportedly arrested in their
          homes in the village of Meligo, Cailaco subdistrict, on 27 November 1998 by
          mer ers of Battalion 144, Halilintar, Kodim and SGI. Mariano Fernandes,
          Agustinho Pereira da Silva, Laurentino Martins, Basilio Sousa da Silva, Sergio
          Soares and Thomas Tavares were reportedly also arrested in the village of
          Aidabaleten, Atabae subdistrict. All eight persons were reportedly detained at
          Polres Bobonaro and allegedly subjected to torture.
          564. Vasco dos Santos was reportedly lying sick in his bed when security force
          personnel allegedly fired shots inside his house on or about 27 Nover er 1998.
          He was reportedly not shot but was beaten until his body was allegedly bruised
          and swollen.
          565. Gustavo (no surname) and Fransisco Soares were allegedly attacked in
          their houses, including beatings, by members of the military. Fransisco Soares
          was reportedly left lying in his house badly injured, while Gustavo is believed
          to have disappeared following the alleged assault.
          566. Jose Paulelo allegedly suffered severe bruising to his face and head and
          broken teeth as a result of being beaten with a piece of wood and rifle barrels.
          He was also reportedly burnt on his back with matches.
          567. Semedio Tavares was allegedly severely beaten in early December 1998, and
          had his hands tied together and was led to a hill where the allegedly beating
          continued.
          568. Rosario Lay, Tobias da Silva, Benditu Marings, Manuel Boavida and
          Francisco Dos Santos were allegedly arrested and tortured by members of
          KORkMIL 03 Maubura forces on 1 January 1999. During a Christmas party in Koramil
          Maubura Hall, the Maubura sub-district head got into a fight with Martinho (no
          surname provided) and KORAMIL mer ers allegedly helped the sub-district head
          beat Martinho. When friends of Martinho complained to KOPAMIL that the treatment
          was unfair, the five men were arrested and tortured for one hour and then
          released. The five men are reported to have suffered cuts and bruises to their
          face and stomach.
          569. Cancio da Costa, Alberto Noronha Kelo, Lolito Maria Labes, Celestinho
          Magno, Oscar da Costa Beram de Araujo, Mariano Mendes Corte Real, Luciano das
          Neves, all students at the University of East Timor, were allegedly arrested in
        
          
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          Cassa village, Ainaro Kota sub—district, Ainaro district on 2 January 1999 by
          menters of the Mahidin militia and members of KORAMIL. The students were
          reportedly detained, had their hair cut off and were interrogated. Alberto
          Noronha Kelo was reportedly beaten badly, kicked and stamped upon, suffering
          severe bruising.
          570. Carlito de Araujo was allegedly detained in Cassa village, Ainaro Kota
          sub—district, on 2 January 1999 and held for one week by menters of Mahidin, a
          pro—Indonesia militia. The Mahidin allegedly beat him on his face, chest and
          stomach, blindfolded him and took him in a Mahidin truck to the Sarai River,
          where he was allegedly tortured again in a hut near the river. The next day,
          3 January, he reportedly lost consciousness. The Mahidin are reported to have
          pressured him to join the militia and offered him 250,000 rupiah per month in
          return. When he refused to join the militia, he was allegedly locked up by the
          head of the village and militia for one week and continuously brutalized and
          intimidated. His wife reportedly requested the Indonesian security forces to
          intervene, but they refused to come to his assistance.
          571. Guido Reis Ramos, Crisanto dos Santos, Saturnino dos Santos, Flaviano dos
          Santos, Libertine dos Santos, Abrao (no surname provided) and Jose Sarmento were
          reportedly detained and tortured in Rainaba quarter, Gugleur village, in the
          Maubara sub—district on 8 January 1999 in their homes. Approximately 70 members
          of the local Gardapaksi militia, allegedly supported by members of
          Battalion 143, were said to have attacked them. They allegedly sustained
          injuries from sticks and sharp weapons, and were also beaten and kicked. Guido
          Reis Ramos was allegedly kicked and beaten by a militia member, then taken to
          the Caicassa military post where menters of the post gagged and beat him with a
          length of metal pipe and rifle butts. He reportedly sustained serious injuries
          to the head, hands and feet, for which he required three days of hospitalization
          following his release. He reportedly also lost the use of one of his legs,
          allegedly as a result of the beatings. Jose Sarmento was reportedly shot with an
          arrow as he tried to flee the attack. He was then allegedly beaten and taken to
          the Caicassa military post, where he was allegedly subjected to further torture
          before being released. Flaviano dos Santos was reportedly whipped with a chain
          from a chainsaw on the back and head, allegedly by militia members. He was
          reportedly taken to the Rajawali military post in Caicassa where he was
          allegedly subjected to further beatings and torture. Libertine dos Santos was
          reportedly stabbed in the back of the head by a militia member. Crisanto dos
          Santos was reportedly beaten, kicked in the face and stabbed in the ear by
          militia members.
          572. Ruis Luis was allegedly attacked by members of the Mahidin militia and
          13 Rajawali personnel during the operation in Gugleur village on 8 January 1999
          (see above) . He reportedly sustained knife wounds to the back of his head. The
          militia were allegedly also pursuing Luis' father, Fernando, and the brother of
          the Guico village head.
          573. The Special Rapporteur has received information of the alleged ill—
          treatment of inhabitants of Gugleur village in Maubara subdistrict, Liquica
          district, reportedly by me n ters of the Gadapaksi and Battalion 143, on
          10 January 1999. A number of persons were beaten with sticks, machetes and
          spears, as well as being kicked. The men in the village were reportedly targeted
          for interrogation, having allegedly been accused of being Fretilin supporters. A
          teacher who protested about this treatment was allegedly whipped by a chainsaw
          chain. The alleged ill—treatment reportedly led to around 30 people fleeing the
        
          
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          Maubara district for Diii. According to the information received, some villagers
          had earlier sought refuge at the local Koramil and Kodim posts, but military
          personnel allegedly told them that their injuries were exactly what they could
          expect if they opposed the supporters of integration with Indonesia.
          574. Ermenegildo Nunes, Eguido Martins, Abel Afonso and Julio Serao were
          allegedly arrested on 13 January 1999 by Rajawali forces in Lisadila village,
          Daru Lema sub—district. The four individuals allegedly suffered cuts and bruises
          allegedly inflicted while they were in detention.
          575. Tomas Sampaio Nunes and Felipe Tedi were reportedly arrested on
          28 January 1999 while travelling on the highway in front of the KORAMIL 03
          office in Maubara. The two men were reportedly beaten by mer ers of KORAMIL 03,
          Gardapaksi and Ratih militia members. They were reportedly released on the same
          day, suffering bruises on their faces and chests.
          576. Joanico Tilman Soares was reportedly attacked by members of the Besi
          Merah Putih (EMP) militia on 11 February 1999 near Loes River, Maubara sub-
          district, Liquica district. He was on the Belu Exprex (inter—city bus) in Loes,
          Maliana district, when the bus was stopped at three EMP inspection posts in
          Maubara where the passengers were reportedly searched. At the third inspection
          post, he was reportedly ordered off the bus and allegedly kicked and punched by
          approximately 30 members of the EMP. He was allegedly beaten with sticks and
          iron bars and stabbed with a spear twice above his right eye, causing a severe
          head wound. After the incident, he reportedly complained to KODIM Liquica on
          arrival in Liquica, but no action was taken to investigate his complaint.
          577. Amoncio Pinto, Jose Soares, Domingos dos Santos, Manuel Soares, Joao
          Soares, Andre Serrao, Daniel Crisno Vilat, Saturnino de Oliveira, Joanico de
          Oliviera, Claudino Soares, Armindo da Costa, Manuel de Oliveira, Eduardo do
          Santos, Umberto Afonso, Joao da Silva, Jose Mendes and Florindo da Silva Nunes
          were reportedly arrested without warrant on 16 February 1999 by members of
          BTT 03 Maubara and EMP in Vatuvou village, Liquica, and taken by foot to the
          police station in Maubara (15 km) . While walking, their hands were allegedly
          tied to each other and their bodies were continuously stabbed by the military
          and militiamen. They were allegedly tortured at the police station while in
          detention. Florindo da Silva allegedly had his hands and face slashed, Of the
          youths arrested, seven were reportedly released shortly after their arrest for
          medical treatment, while 10 others were released in early March 1999. However,
          Armindo da Costa was reportedly charged with murder. Jose Mendes was reportedly
          re—arrested on 20 February and was tortured by militiamen in front of the
          “Camat” (the sub—regency officer) of Maubara, the sub—district Military
          Corimander and the Chief of Police of Maubara.
          578. Barito Cristao was reportedly severely beaten by the police in Fuiloro
          village, just north of Los Palos on 31 March 1999. On the morning of 31 March
          police officers reportedly entered the village and questioned him and a group of
          his friends. Allegedly without reason or warning, the police beat him with their
          rifle butts and pistols, causing bad bruising to his chest, forehead and
          shoulders. He was also allegedly slashed on his left side with a knife. He was
          reportedly later hospitalized.
          579. Manuel Flores, Tomas de Jesus, Francisco Xavier, Jaimito dos Santos, Jose
          Cerlio dos Santos, aged 17, Manuel Caldiera, Joao Silva Alexio and Paulina de
          Jesus were all reportedly injured during an attack by the EMP militia, which was
        
          
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          allegedly supported by the military, in the hamlet of Fatubelete, Vatuvou
          village, on the border between Maubara and Liquica on 4 April 1999. Manuel
          Flores reportedly sustained injuries to both of his knees, including severed
          nerves. Tomas des Jesus was reportedly injured in his lower abdomen, as well as
          suffering bladder damage. Francisco Xavier reportedly sustained abdominal and
          intestinal damage, allegedly caused by stabbing wounds from a long sword.
          Jaimito dos Santos reportedly suffered injuries to his left leg and right hand.
          Jose Cerlio dos Santos was allegedly shot and suffered injuries to his left leg.
          Manuel Caldiera was allegedly shot in the left hand. Joao da Silva Alexio
          reportedly suffered a broken left hand, and Paulina de Jesus, who was carrying a
          three-month-old baby, reportedly had her back and eyelids sliced by a machete.
          580. Alipio Maia Moniz, Afonso Cardoso Moniz, Anselmo Bere and Ligia Maia Seu,
          the four—year—old daughter of Alipio Moniz, were allegedly detained and tortured
          on 5 April 1999 by members of Tilomar KORAMIL and Laksaur Merah Putih militia
          mer ers in Desa Maudemo, Tilomar subdistrict, Covalima district. Alipio Maia
          Moniz was reportedly arrested without warrant in Tabloo hamlet on 5 April 1999
          and taken to Tilomar 02 KOPAMIL, where he was detained for two days and nights
          and released. He was allegedly tortured while in detention by militia and
          KOPAMIL members and suffered from bruising and bodily injuries, including
          profuse bleeding from his mouth and nose.
          581. Natalino de Jesus, Cosme Freitas, Victor Gomes, Marcel (Doni) (no surname)
          and Abrao do Nacimento, students at the University of East Timor, were
          reportedly attacked and severely beaten with fists, blocks of wood and rifle
          butts by mer ers of the Laksaur Merah Putih and pro-independence Mahidin militia
          on 5 April 1999 in the Suai district. The students were reportedly attending a
          compulsory social work project as part of their training when the militias were
          conducting an operation throughout Zumalai sub-district to Beko village in the
          Suai district. All of the students, with the exception of Marcel, were attacked
          because they were mer ers of the Solidarity Council of Students of the
          University of East Timor.
          582. Manuel Magalhaes, a mer er of the National Council for Timorese
          Resistance, Jose de Andrade and six unidentified individuals were allegedly
          arrested in Maliama sub—district, Bobonaro, on 12 April 1999 by the Indonesian
          National Army (TNI) and a paramilitary unit, Halilintar. All but two of the men
          were subsequently released. Jose da Andrade was reportedly beaten unconscious
          while in custody and required hospitalization following his release.
          583. Cesar Xavier Pinto was reportedly arrested on 16 April 1999 and tortured
          by mer ers of 59/75 militia in Lacluta Dilor. He was reportedly arrested in his
          house and subsequently brought to a militia post in district command
          headquarters in Viqueque, where he was allegedly tortured, resulting in all four
          of his limbs being broken.
          584. Joao Filomeno Vaz, Adriano Gusmao Vaz, Evangelino Soares, Santiago
          Ximenes Vaz, Paulino Gama, Luiz Diaz, Joao (no surname) , Remexio (no surname)
          and Antonio (no surname) were allegedly detained and tortured by members of the
          military, police and militia in Hera village on 21 April 1999. They were
          reportedly beaten at the time of their arrest and taken to the local police
          station or army post before being moved to Hera police headquarters. While in
          detention, they were allegedly beaten with rifle butts. After being beaten in
          the police station, they were reportedly brought to the Becora prison, Dili
        
          
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          police station and the East Timor Central Police Headquarters (POLDA) before
          being released on 23 April 1999.
          585. Roberto da Carmo, Gaspar Lopes, reportedly both members of Falintil, and
          Januario Andrade were arrested on 19 May 1999 by police in Aileu. They were
          reportedly detained at POLDA in Dili, where they were allegedly beaten and had
          their faces badly bruised. Januario Andrade was subsequently released.
          586. By the same letter, the Special Rapporteur reminded the Government of a
          nur er of cases transmitted in 1998 regarding which no replies had been
          received.
          UrQent a inieals and replies received
          587. On 11 February 1999, the Special Rapporteur sent an urgent appeal on
          behalf of Syurki and Fadli, who were reportedly detained at Langsa Military
          Prison, and Ali Usuf, who was also reported to be in military custody. The three
          men and a fourth man whose name was unknown and who was under military guard at
          Malahayati Hospital in Medan, were allegedly held in incommunicado detention.
          All were arrested following a meeting held in the village of Matang Ulim, in
          East Aceh, on 3 February 1999. Soldiers from a military base (Koramil) at Idi
          Cut allegedly opened fire on people leaving this meeting, which, according to
          the military, was a meeting about the alleged “Free Aceh” separatist movement.
          588. On 1 March 1999, the Special Rapporteur sent a joint urgent appeal with
          the Special Rapporteur on the independence of judges and lawyers on behalf of
          11 men reportedly arrested on 22 February 1999 in Vatuvou village, Maubara
          sub—district, Liquica district, by a joint team of soldiers from the Indonesian
          Armed Forces and a pro—Indonesian armed paramilitary group, Besi Merah Putih.
          Along with seven others, they were reportedly taken to the police headquarters
          in Liquica. All 18 were allegedly denied food for the first days of their
          detention; seven persons who were reportedly ill—treated were reportedly
          released for medical treatment after human rights lawyers intervened.
          589. On 7 April 1999, the Special Rapporteur sent a joint urgent appeal with
          the Chairman-Rapporteur of the Working Group on Arbitrary Detention on behalf of
          Alipiu Maya Moniz, who had reportedly been involved in passing on information
          about human rights violations in Suai to human rights monitors. He had
          reportedly been arrested by the ratih , a civilian militia, on 5 April 1999 in
          the south-western part of East Timor. This ratih was reportedly based at the
          Tilomar Sub—District Military Corimand (Koramil) headquarters, Suai sub—district,
          Kovalima district. In connection with his detention, it was reported that on
          4 April, supporters of the independence of the territory of East Timor clashed
          with members of a paramilitary unit, Besi Mera Putih (EMP) , in Dato, Liquica,
          after the EMP had attempted to arrest Felisberto do Santos. The following day,
          at least 17 people were killed by the EMP paramilitaries and the Indonesian
          Armed Forces (ABRI) after another clash between EMP and pro—independence groups.
          590. On 19 April 1999, the Special Rapporteur sent a joint urgent appeal with
          the Chairman-Rapporteur of the Working Group on Arbitrary Detention on behalf of
          Manuel Magalhaes, a member of Conselho Nacional da Resistencia Timorense and
          former Bobonaro Public Works District Head, and Rafael (no surname) , who had
          reportedly been arrested in separate incidents on 12 April 1999. Manuel
          Magalhaes was arrested with seven other men during a joint action by ABRI and a
          paramilitary unit called “Halilintar” in Maliana sub—district, Bobonaro. The
        
          
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          seven other men arrested were later released. One of them, José de Andrade, was
          allegedly beaten unconscious in custody and needed hospital treatment upon his
          release. Rafael, from Malilait village in Bobonaro sub—district, Bobonaro
          district, was reportedly arrested at the Tuno Bibi—Maliana bus terminal, also on
          12 April 1999. ABRI soldiers from the Bobonaro Military Command were reportedly
          involved in his arrest and his whereabouts were unknown.
          591. On 28 April 1999, the Special Rapporteur sent a joint urgent appeal with
          the Special Rapporteur on extrajudicial, summary or arbitrary executions on
          behalf of a nur er of persons living in East Timor who had allegedly been
          exposed to death threats and torture since 5 April 1999. In particular, it was
          alleged that paramilitary troops and the Indonesian Armed Forces threatened a
          corimunity of around 1,000 families of internally displaced persons in Asumanu,
          Ermera, who had fled their homes in Liquica. Antonio Barbosa, Alfredo da Silva
          Alpha, the coordinator of the Justice and Peace Corimission in Aileu, Domingos
          Dias dos Santos, Joaquim dos Reis, Gido ramos Ribeiro, Gregorio da Silva,
          Antonio da Silva Guturres, Pedru da Costa Alves and Manuel Freitas were later
          released.
          592. On 7 May 1999, the Special Rapporteur sent an urgent appeal on behalf of
          Edi Rohadi, Taufik Edi Sapurta and four other men who were identified as Naiman,
          Solehudin, Samsudin and Jahid. The six men were reportedly arrested without
          warrants and had their houses searched, also without warrants, in connection
          with two bor explosions and a bank robbery in April 1999 in Jakarta. All six
          men had reportedly been held at the Jakarta Regional Police Headquarters
          (POLDA)
          593. On 27 May 1999, the Special Rapporteur sent an urgent appeal on behalf of
          Roberto da Carmo, the Commander of Region II of the Timorese National Liberation
          Army, Falintil, and Gaspar Lopes, a Falintil mer er, who was reportedly arrested
          on 19 May 1999 by the police in Aileu, and then transferred to the regional
          headquarters (POLDA) in Dili, where he was detained. Both were known supporters
          of independence for the territory of East Timor and both were allegedly beaten
          in custody in Aileu and Dili, and suffered bruised and swollen faces.
          594. By the same urgent appeal the Special Rapporteur intervened on behalf of
          Luis Avarisdo Lopes, an internally displaced person who had fled to Dili, and
          was reportedly arrested in Metiaut on 24 May 1999 by a “local leader” of the
          eastern part of Dili. After his arrest, he was reportedly handed over to the
          Military Intelligence Unit, Satuan Tugas Intelijen.
          595. Finally, the Special Rapporteur also intervened on behalf of Jacob
          Martins Reis Fernandes, head of the Hatiola sub—district of Ermera district, in
          the territory of East Timor, who had reportedly been arrested and taken to a
          military post, possibly in Ermera, on 17 May 1999. He was reportedly accused of
          supporting Falintil after he reportedly made public statements criticizing the
          killing of a group of internally displaced persons some months previously. He
          was allegedly publicly threatened by the leader of the Aitarak (Thorn ) militia
          and a deputy commander of all the paramilitary units in the territory of East
          Timor.
          596. On 10 July 1999, the Special Rapporteur sent a joint urgent appeal with
          the Chairman-Rapporteur of the Working Group on Arbitrary Detention and the
          Special Rapporteur on the independence of judges and lawyers on behalf of
          20 people who had reportedly been arrested by the Indonesian National Army (TNI)
        
          
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          on 9 July 1999 in Teunom sub-district, Aceh province: Abdullah, Adanan Abdullah,
          Ansari Juned, Bahri Insya, Bakhtiar Razali, aged 17, Helmi Zukifli, Junaldi
          Ismail, Amin, Marzuki Syamsuddin, Husen, Muslidar Sabirin, aged 17, Mustafa
          Hasyem, Nazir M. Diah, Nurdin Ibrahim, Ramil Amin, Rasyidan Yusof alias Si Yem,
          Razali, Si Bit A. Rani, Si Yan Lem Badai and Zainuddin Syafli, aged 17. They had
          reportedly been arrested on the basis of claims by the TNI that the armed
          opposition group Gerakan Aceh Merdeka (GAM) , was using the area around the
          plantation where the arrests took place. All 20 were reportedly detained at the
          District Military Corimand (Kodim) in West Aceh and denied access to lawyers.
          597. On 23 July 1999, the Special Rapporteur sent a joint urgent appeal with
          the Chairman of the Working Group on Enforced or Arbitrary Disappearances on
          behalf of two persons whose whereabouts were unknown. Jamaluddin Umar from
          Meuria Paloh village was reportedly arrested at Point Arun Ngl on 20 July 1999
          by a joint team of soldiers of the Indonesian National Army and members of a
          riot control police unit, known as the Petugas Penindak Rusuh Massa (PPPJ1) , and
          Izwar Puteh, a humanitarian aid—worker in the internally displaced persons camp
          of Mureudu, was reportedly arrested on 17 July 1999 by members of the same riot
          patrol.
          598. On 23 July 1999, the Special Rapporteur sent an urgent appeal on behalf
          of Ayub Hasan, who was reportedly among a group of seven people driving to an
          internally displaced persons camp at Mereudu, where they had planned to attend a
          meeting on health conditions in the camp. They were arrested by members of a
          riot control police unit, the PPIRI1, at Trienggadeng in Pidie district, Aceh
          province, Sumatra, on 17 July 1999. They were allegedly held at a PPPI1 camp and
          then moved to an Indonesian National Army (TIN) detention facility. Five of the
          persons were reportedly released on 19 and 20 July 1999. Ayub Hasan reportedly
          remained in custody at the District Military Headquarters (Kodim) in Pidie
          district where he had reportedly been beaten and suffered head injuries.
          599. On 5 August 1999, the Special Rapporteur sent a joint urgent appeal with
          the Chairman-Rapporteur of the Working Group on Arbitrary Detention on behalf of
          Muzakir Bin Ustad, Nurdin Bin Ustad Ahmad, Yusuf Haria and Ridwan, who had
          reportedly been arrested on 31 July 1999 by members of the Indonesian Army in
          Lhok Seutui and Tanah Hambu Aye villages, North Aceh, on suspicion of being
          mer ers of the Free Aceh Movement. They were allegedly held in incommunicado
          detention at the Baktiya sub-District military command (KORALMI) in Alue Le
          Puteh.
          600. On 6 August 1999, the Special Rapporteur sent an urgent appeal on behalf
          of Roberto da Carmo, a Commander of Region II of the Timorese Armed Resistance,
          Falintil, and Gaspar Lopes, a mer er of Falintil. They were reportedly arrested
          on 19 May 1999 and detained in Aileu and at the regional police headquarters
          (POLDA) in Dili, where they were allegedly ill—treated and suffered bruising and
          swelling to their faces. Gaspar Lopes reportedly coughed blood as a result of
          his alleged ill-treatment in custody.
          601. On 8 Septer er 1998, the Special Rapporteur sent a joint urgent appeal
          with the Chairman-Rapporteur of the Working Group on Arbitrary Detention, the
          Representative of the Secretary General on internally displaced persons and the
          Special Rapporteur on extrajudicial, summary or arbitrary executions regarding
          the massive violations occurring in East Timor. Attacks by regular and irregular
          armed elements had reportedly resulted in the killing of over 100 individuals,
          widespread infliction of torture and other forms of ill—treatment, the
        
          
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          involuntary or enforced disappearance of thousands and the forced displacement
          of some 200,000 persons. Moreover, individuals were reportedly prevented from
          fleeing.
          602. On 13 September 1999, the Special Rapporteur sent a joint urgent appeal
          with the Special Rapporteur on extrajudicial, summary or arbitrary executions on
          behalf of Mau Hodu, who was reported to be a mer er of the National Council of
          Timorese Resistance and the Central Corimittee of the Fretlin political party. He
          was reportedly arrested in Dili on 8 September 1999 by a joint Indonesian
          National Army (TNI) and militia team and his whereabouts were unknown.
          Follow—un to previously transmitted corimunications
          603. By letter dated 16 February 1999, the Government replied to an urgent
          appeal sent by the Special Rapporteur on 17 November 1998 on behalf of
          26 prisoners from the territory of East Timor (see E/CN.4/1999/61, para. 352)
          The Government confirmed that on 30 October 1998, the 26 prisoners named in the
          urgent appeal were transferred from the Becora Correctional Institution to the
          Balide Military Prison. The Government explained that the transfer took place
          because facilities were damaged in a violent demonstration on 10 October 1998.
          The resulting overcrowded conditions prompted the prison authorities to find
          another insitution to accorimodate the prisoners to avoid further unrest. The
          Government explained that the transfer was also prompted by requests of some
          inmates and their families. The Balide military prison was selected for the
          transfer as it was the nearest facility in Dili which could accommodate a large
          nur er of prisoners. The Government denied that the transfer was carried out in
          a forceful manner or that prisoners were beaten with gun butts or thrown into
          military vehicles during the transfer. It further stated that the prisoners
          would remain under the responsibility of the Becora Correctional Institution
          despite being detained at the Balide Military Prison and that the prisoners
          would be guaranteed access to their families and lawyers, as well as other
          rights, in accordance with the law. The Government informed the Special
          Rapporteur that the International Committee of the Red Cross was due to visit
          the prison in March 1999.
          604. By letter dated 9 March 1999 the Government responded to an urgent appeal
          sent by the Special Rapporteur in conjunction with the Working Group on
          Arbitrary Detention on 9 October 1998 (see E/CN.4/1999/61, para. 350) . The
          Government denied that Marcus Belo was arrested and detained by the Air Force
          unit of the Baucau military airport since the Air Force has no authority to make
          arrests and detain prisoners. Moreover, the Government informed the Special
          Rapporteur that there is no detention facility at the Baucau military airport.
          The Government informed the Special Rapporteur that Marcus Belo had been
          surimoned, together with three other men, by the security authorities of the
          Baucau military airport on 30 Septer er 1998 in relation to an alleged theft
          from airport authorities and a member of the security personnel at the airport.
          The Government denied that the four men were detained at the airport. The
          Government further replied that, on 1 October 1998, a mer er of the Air Force
          unit of the Baucau military airport went to Marcus Belo's house to collect the
          goods stolen by one of the other three men, which were being voluntarily
          returned. While at the house, some army uniforms and an M—16 gun with 18 bullets
          were found in his illegal possession and confiscated. The Government advised
          that no legal action was taken against him or against the man who had stolen the
          goods, since they were voluntarily returned. Furthermore, the Government denied
        
          
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          that any torture or ill-treatment by the authorities of the Baucau military
          airport took place in relation to any of the men, including Marcus E do.
          Observations
          605. The Special Rapporteur participated in a joint mission to East Timor
          together with the Special Rapporteurs on extrajudicial, arbitrary or summary
          executions, and on violence against women, its causes and consequences, in
          November 1999. The report of the mission is contained in document
          E/CN.4/2000/115. The Special Rapporteur recognizes that Indonesia's political
          system has undergone a profound transformation. He hopes that, eventually, its
          new Government will be in a position to give favourable consideration to his
          longstanding request to visit the country.
          Iran (Islamic Republic of)
          UrQent a inieals and replies received
          606. On 1 February 1999, the Special Rapporteur sent an urgent appeal on
          behalf of Amir Farshad Ebrahimi, Kiyanoush Mouaffari and Babk Shahrestani. They
          had reportedly been recently sentenced by a court to flogging in connection with
          an assault in August 1998 on two senior members of the President's Cabinet. Amir
          Farshad Ebrahimi had reportedly been sentenced to 40 lashes and 18 months'
          imprisonment, while the two others had been sentenced to 20 lashes and 6 months'
          imp r i so nme n t.
          607. By letter dated 3 Nover er 1999, the Government indicated that in
          accordance with articles 25, 29 and 32 of the Islamic Penal Code, the lashes
          sentences had been suspended for three years.
          608. On 12 July 1999, the Special Rapporteur sent a joint urgent appeal with
          the Special Representative on the situation of human rights in the Islamic
          Republic of Iran and the Special Rapporteur on the promotion and protection of
          the right to freedom of opinion and expression on behalf of Hechmatollah
          Tabarzadi and Hossein Kachani, both journalists of the weekly publication, the
          Hovizat-U-Khich , which has since reportedly been banned. These journalists had
          reportedly been arrested on 16 and 19 June 1999, respectively, and were detained
          at the Evin prison. The authorities have indicated that the two journalists were
          reportedly arrested for publishing information “contrary to public order and
          public interest” and “issuing an anti—establishment communiqué”. They were
          reportedly been interrogated at the Intelligence Ministry, where people have
          allegedly been tortured. A week after their arrest, they were reportedly
          transferred to an unknown detention centre. On 6 July 1999, a number of students
          and others reportedly protesting the detention of the above—mentioned
          individuals at the United Nations office in Tehran were themselves arrested. The
          Government reportedly suspended the publication of a leading moderate newspaper,
          Salam , the same day that the Majilis passed a new law which in principle
          restricts freedom of the press. The night editor of Salam , Morad Raisi (Veissi),
          was reportedly detained on 7 July 1999.
          609. On 23 July 1999, the Special Rapporteur sent an urgent appeal on behalf
          of a large number of students arrested following the demonstrations against new
          laws allegedly curbing press freedom in Tehran, Shiraz, Rasht, Esfahan, Mashhad
          and Tabriz. Serious clashes between student demonstrators, security forces and
          unofficial vigilante groups reportedly followed these demonstrations, and a
        
          
          E/CN. 4/2000/9
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          nur er of students were reportedly killed or seriously injured. Furthermore, a
          large nur er of student activists, and also journalists and mer ers of
          opposition political parties, were reportedly arrested in connection with the
          demonstrations and were being held in incommunicado detention, including at Evin
          prison, but the whereabouts of most of them was still unknown. Among those
          arrested were Mohammad Massod Salamati, Seyed Djavad Emami and Parviz Safari,
          and other members of the Tabarzadi group. Khosrow Seif, the 70—year—old
          spokesperson of the banned opposition political party, the Iran Nation Party, as
          well as Behzad Namazi, Mehran Abdolbaghi, Safaritar, Mir Abdolbaghi Kashani,
          Mehran Gorkani, Farzin Mokhber and Esmaeil Moftizadeh, all members of the Iran
          Nation Party, had reportedly been detained at their homes on 14 July 1999. Their
          current whereabouts were unknown. Maryam Shansi, a student leader and a member
          of the Jonbesh—e Demokratik—e Meli—ve Iran (National Democratic Movement of
          Iran) , had reportedly been attacked, beaten in her home, and arrested on 12 July
          1999 and her current whereabouts were unknown. Manuchehr Mohammadi and
          Gholamreza Mohajeri—Nezhad, two student activists members of the Anjoman—e
          Daneshiuvan va DaneshamukhteQan Mcli (National Association of Students and
          Graduates) , had reportedly been arrested in Tehran on 13 July 1999. They were
          reportedly detained incommunicado.
          610. On 25 August 1999, the Special Rapporteur sent a joint urgent appeal with
          the Special Representative on the situation of human rights in the Islamic
          Republic of Iran on behalf of Gholamreza Qobeh, a former deputy mayor of Tehran,
          who had reportedly been arrested in April 1998 on charges of er ezzlement and
          diverting public funds and had been sentenced to 50 lashes and six years in
          prison. The sentence was reportedly upheld by an appeals court.
          Ira q
          Urqent a inieals and replies received
          611. On 24 February 1999, the Special Rapporteur sent a joint urgent appeal
          with the Special Rapporteur on extrajudicial, summary or arbitrary executions on
          behalf of a nur er of persons recently arrested in connection with the killing
          of Ayatollah Moharimed Sadeg al—Sadr and his two sons on the night of 18 February
          1999. Widespread protests had reportedly erupted at the news of the killings,
          particularly in the Shi'a Muslim dominated district of al—Hawra in Baghdad and
          in the southern cities of Karbala', al—Nassiriya, al—Illa and al—Najaf. Security
          forces had reportedly opened fire, killing dozens of protesters. Several hundred
          others were said to have been arrested.
          612. By letters dated 8 and 19 March 1999, the Government responded to this
          urgent appeal. An investigation was being undertaken in relation to the murder
          of the persons mentioned above. The Government indicated that four individuals
          had been arrested on suspicion of having carried out a fatwa issued in a manner
          inconsistent with Islamic values and traditions against the late Sayyid. With
          regard to reported widespread protests afterwards, the Government denied these
          having taken place. With regard to arrested suspects, the Government replied
          that allegations of ill—treatment were biased.
          613. On 6 August 1999, the Special Rapporteur sent an urgent appeal on behalf
          of Jotiar Yahia Latif al—Salihi, Rawiya, his wife, and their two children,
          Chimen, aged 3, and Latif, aged 1, who, in an effort to escape persecution in
          Iraq, had moved to Jordan about five months previously and applied for asylum at
          the UNHCR in Ariman. On 9 July 1999, the family reportedly went shopping and did
        
          
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          not return. They were allegedly abducted by the Iraqi Intelligence Service,
          owing to the fact that Jotiar Yahia Latif al—Salihi's brother, Latif, who is
          currently living in Europe, is allegedly involved in Iraqi opposition
          activities.
          614. By letter dated 5 October 1999, the Government responded to this urgent
          appeal by indicating that the family of Jotiar Yahia Latif al-Salihi was
          transferred from Jordan to Syria since their authorization to remain in Jordan
          had expired and they had not received official authorization to request an
          extension.
          615. On 2 Septer er 1999, the Special Rapporteur sent an urgent appeal on
          behalf Ahlam Khadom Rammahi, a British citizen, who had reportedly been arrested
          in Baghdad on 5 August 1999. On 28 July 1999 she travelled from London, where
          she has resided since 1982, to Iraq to visit her sick mother. On 5 August, two
          government security men reportedly went to her mother's house in al—Najaf to
          arrest her. However, she had already left for Baghdad to visit other relatives.
          The security men are alleged to have arrested her brother, whom they took to
          Baghdad to show them the way to the relatives' house. Ahlam Khadom Rammahi was
          arrested by the security men and her brother was then released. No reason was
          given for her arrest and since that time her whereabouts have remained unknown.
          616. By letter dated 14 September 1999, the Government responded to this
          urgent appeal by indicating that Ahlam Khadom Rammahi had come under the amnesty
          decreed by the Council of the Revolutionary Command for Iraqis who had left
          their country illegally and that she had accordingly been released on
          7 September 1999.
          Israel
          ReQular communications and replies received
          617. By letter dated 17 November 1999, the Special Rapporteur advised the
          Government that he had received information on the following individual cases.
          618. Nidal Ya'qub Diab and lyad Ya'qub Diab, brothers, were reportedly driving
          out of Kalandia refugee camp in the West Bank on their way home in two cars on
          3 April 1994. As they left the camp, they were allegedly pulled out and severely
          beaten with rifle butts and fists by soldiers. The brothers were reportedly
          arrested. In the course of the investigation into their allegations, the office
          of the Legal Adviser to the Israeli Defence Force (IDF) Central Command is said
          to have only questioned two members of the IDF. They reportedly alleged that
          they had been “forced to exercise reasonable force” to search the brothers. On
          the basis of this alleged incomplete investigation, the Legal Adviser to the
          Central Command is said to have concluded that “the soldiers in question acted
          properly” and closed the investigation.
          619. Nidal Abu—Sroor allegedly died during interrogation as a result of
          torture on 30 January 1998 in the Al—Maskhobieh interrogation centre in
          Jerusalem.
          620. Ma'ath and Mahmoud Taqatqa, brothers from Beit Fajjar near Bethlehem,
          were allegedly arrested on 2 June 1999 by Israeli security forces and taken to
          the Russian Compound Detention Centre (Maskobia) . Ma'ath Taqatqa was allegedly
          held in solitary confinement, hooded with a dirty bag, handcuffed to a small
        
          
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          chair with his hands held being his back. His brother Mahmoud was allegedly held
          in solitary confinement in a small cell, hooded with a dirty bag, violently
          shaken, exposed to intolerably loud music and deprived of food and sleep, and he
          was threatened that his mother and sister would be raped in front of him.
          621. Ahmed Yosef Bayed was allegedly placed in administrative detention on
          5 March 1999. On 15 April, he was reportedly transferred to the General Security
          Service (GSS) Interrogation Unit in Petah Tikva. He was allegedly forced to sit
          in the shabeh position daily - on a low chair with his wrists bound behind him,
          with a wet, stinking sack on his head, making breathing difficult, and with loud
          music blaring constantly. He was also allegedly deprived of sleep.
          622. Ali Abu Ras was allegedly arrested on 4 May 1999 and detained at the
          GSS Interrogation Unit of Jerusalem's Russian Compound Detention Centre. He was
          allegedly forced to sit in the shabeh position day and night with his wrists
          tightly cuffed behind him.
          623. Bassam and Hasan Al—Arabid, brothers, were allegedly arrested on
          11 February 1999 at the Erez checkpoint, while they were leaving the Gaza Strip
          to work in Israel. Their arrests were allegedly related to the case of their
          brother, Saad Al—Arabid, who is wanted by Israeli security forces for his
          alleged affiliation to Izz Eddin Al—Qassam , the armed wing of the Islamic
          Resistance Movement. The brothers were allegedly subjected to torture during
          interrogation, including the shabeh position. They were also subjected to loud
          music and isolated in individual cells.
          624. Ahmed Rashid Hussein Haled was reportedly arrested on 28 March 1999 and
          detained in the GSS interrogation unit of the Kishon Detention Centre. On
          13 April 1999, his remand was extended by the military court for 15 days. He
          reportedly gave his lawyer an affidavit stating that his interrogators had
          tortured him.
          625. Haled Suliman Abu Hassan was reportedly arrested on 15 March 1999 and
          detained at the GSS interrogation unit of the Kishon Detention Centre. During
          the remand hearing on 5 April, it is reported that he informed his attorney that
          he was not allowed to sleep, and that his interrogators were forcing him to sit
          in the shabeh position almost continuously.
          626. Abd el—Razak Hasib and his brother, Muhmed Sa'id Razak Hasib, both from
          Ramallah, were reportedly arrested on 20 and 25 Septer er 1998, respectively,
          and held in incommunicado detention at the GSS unit of Jerusalem's Russian
          Compound for three weeks. They were allegedly both beaten while interrogated.
          They were deprived of sleep for 12 days.
          627. Regarding Khiam Detention Centre, the Special Rapporteur has received
          information on the following individuals.
          628. Soleiman Ramadan was allegedly beaten and kicked on 14 July 1999 when he
          told Israeli officers that a food strike would continue within the detention
          centre. All the detainees were allegedly led blindfolded with their hands tied
          behind their backs to the prison yard. The Israeli officers then allegedly
          threatened to beat the detainees if they should go on with the food strike on
          14 July, the day for Lebanese detainees. On 20 May 1999, the officers are also
          alleged to have made a direct threat to Soleiman Ramadan of “amputating” his
          other leg and moving him to Nafha prison for the rest of his life for attempting
        
          
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          to escape. When other detainees came to his assistance, officers allegedly began
          to beat and kick him and the Israeli soldiers allegedly used whips and tear gas
          to disperse the detainees. As a result of the beatings, the following detainees
          required hospitalization: Soleiman Ramadan, Mustafa Tawbe, Riad Kalakesh,
          Hussien Akiel, Karam Mustafa, Khanjar Shouib, Samir Kassem, Mohammad Katbey,
          Abde Melkani, Ibrahim Kareeb, Mustafa Arabia, Ghandi Ayoub, Izzat Yassin,
          Tayssoer Shaaban, Mujeeb Turmouss, Ad d Kalakesh, Yasser Halawi and Ali Ghazi
          Al-Saghir.
          629. Samir Hijazi, who was reportedly arrested on 15 March 1999 was allegedly
          subjected to torture following an attempted escape in April 1999. He was
          allegedly subjected to electric shocks and beaten. As a result of the beatings,
          he is reported to have suffered a broken hand and bruises on his entire body.
          630. Ali Mustafa Tawbe, who was 14 years old at the time of his arrest, was
          reportedly arrested in Arnoun on 20 Septer er 1997 by the Israeli secret
          intelligence. During the first six months of his detention, he was allegedly
          severely beaten, especially on the head, and subjected to electric shocks while
          detained at Khiam Detention Centre. He was allegedly also forced to sit in a
          tank full of water, is said to be wired with electric wires.
          631. Jamal Nejib Sharara was reportedly taken from his home in Bint Jebeil on
          11 January 1985 and released on 1 May 1996 after more than 11 years' detention
          without charge or trial. He was allegedly severely tortured immediately after
          arrest in Centre 17 Camp in Bint Jebeil, He allegedly became unconscious the
          first day and was taken to Marja'yun hospital, where he was treated for several
          fractures on his left leg. He was then reportedly transferred to Khiam Detention
          Centre on a stretcher, where, despite his condition, he was allegedly beaten by
          South Lebanon Army (SLA) officers. He was allegedly placed in a barrel of water
          and given electric shocks, whipped after water had been poured over his body,
          and dragged behind a moving car.
          632. ‘Ali Ahmad Khashish was reportedly arrested on 1 November 1985 and held
          for nearly 10 years in Khiam Detention Centre without charge or trial before he
          was released on 21 July 1996. He was allegedly tortured with electric shocks,
          suspended from a pole and beaten. As a result of the alleged torture, his
          hearing is said to be impaired and his back still to bear marks of torture.
          633. Mahmud Muhammad Ramadan was reportedly arrested on 3 March 1990. In 1993
          one of his hands was reportedly amputated and he reportedly lost his right eye,
          allegedly after torture which included electric shocks and suspension. He was
          also reportedly held in solitary confinement for three years. On his release, he
          was reportedly taken to Beirut Hospital where he was unable to recognize mer ers
          of his family.
          634. The Special Rapporteur has received information according to which the
          following 12 elderly persons currently detained at Khiam Detention Centre are in
          a poor state of health, which is believed to be constantly deteriorating for
          lack of medical treatment. It is reported that they have nevertheless been
          transferred at various times to Marja'iyun hospital which is said to lack the
          necessary medical facilities. Ali Muharimad Ghanawi, arrested in 1996, is said to
          be suffering from heart and stomach pains; Muharimad Salim Qatibay from Arnun,
          was reportedly detained on 3 October 1997 and is said to be suffering from
          hearts attacks and to have been transferred 15 times to Marja'iyun hospital;
        
          
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          Al—Abda Qasim Malkani from Qasir, was reportedly detained on 5 Septer er 1998
          and is said to be suffering from nervous breakdown while in the detention
          centre; Farid Hans Karam, from Qala', was reportedly detained on 28 January
          1999 and is said to be suffering from gastritis; Abdullah Muharimed Obeid from
          Umm Tut, was reportedly detained on 22 April 1999 and is said to be suffering
          from a slipped disc and to be unable to walk; Hussein Awadha from Khiyam, was
          reportedly detained on 30 June 1999 and is said to be suffering from a heart
          disease and to have difficulties walking; Khalil Ibrahim Yunis from Shabhin, was
          reportedly detained on 15 March 1999 and is said to be suffering from stomach
          pains and a slipped disc; Hussein Salih Abu Sa'ad from Shuba, was reportedly
          detained on 18 June 1999 and is said to be suffering from curvature of the
          spine; Kamal Wahba Munthir from Sagi, is said to be suffering from heart attacks
          and stomach pains; Mustafa Tuba from Arnun, was reportedly detained on 3 October
          1997 and is said to be suffering from heart palpitations; and Hassan Mohammed
          Souayed from Al—Kseir, and his wife, Al—Abdeh Kassem Malkani were reportedly
          arrested on 23 Septer er 1998 and are said to be respectively suffering from
          high blood pressure and dyspnoea, and chronic abdominal pain and rheumatoid
          arthritis.
          635. The Special Rapporteur has also received information on several Lebanese
          nationals who have reportedly been captured in Lebanon by the Israeli Defence
          Force or the South Lebanon Army. Most of them are said to have been transferred
          to Israeli prisons and they are reportedly currently being held as hostages in
          order to be exchanged against Israeli prisoners of war. According to the
          information received, they are being held without having been charged or beyond
          the expiry of their sentences. In July 1996, it is reported that 18 were
          transferred to Ayalon Prison in Ramleh. The Special Rapporteur has recently
          received information on alleged acts of torture following the arrest of the
          individuals mentioned below.
          636. Bilal ‘Abd al—Husayn Dakrub was reportedly arrested on 16 February 1986
          in a cave where he was hiding near the village of Tibnin, in the south of
          Lebanon, by mer ers of the South Lebanon Army (SLA) and the Israeli Defence
          Force (IDF) . He was allegedly interrogated by an IDF officer at Bra'shit camp
          and beaten and kicked by SLA soldiers. He then reportedly spent 10 days in
          Centre 17 Camp, near Bint Jebeil, which is said to be run by the SLA and Israeli
          security services. There, he was allegedly administered electric shocks by the
          SLA security service in the presence of Israelis, who are said to have given the
          orders. He was then reportedly transferred to a detention centre in Sarafand,
          Israel, where he allegedly spent three months under interrogation in solitary
          confinement. He was allegedly denied sleep for long periods and made to stand
          for nights. He was eventually transferred to Kishon Prison. He was reportedly
          tried by the Military Court in Lod for mercJiership of an illegal organization and
          sentenced to two and a half years' imprisonment. His sentence expired on
          16 August 1988, but he is said to be still detained.
          637. ‘Ali husayn ‘Ali ‘Arimar, Ahmad Mushen Muhammad ‘Arimar, Kamal Muhammad
          Rizg and Hasan Sadr al—Din Hijazi were reportedly arrested in Mays al—Jabal on
          1 September 1986. Kamal Rizg and Hasan Hijazi were only 16 years old at the time
          of their arrest. All four were reportedly taken to Khiam Detention Centre and
          transferred after five months to Sarafand Detention Centre. They were allegedly
          all tortured in both places. Hasan Hijazi had a broken leg in a plaster when he
          was arrested and was allegedly forced to stand for hours and was beaten on his
          broken leg during his detention at Khiam. For the first six week of his
          detention, he was held in solitary confinement, handcuffed and hooded all the
        
          
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          time. The other three were allegedly repeatedly beaten, tortured with electric
          shocks and kept in the shabeh position. It is reported that they are still
          detained.
          638. ‘Abd al—Hasan Hasan ‘Abd al Hasan Surur, ‘Abbas Hasan ‘Abd al—Husayn
          Surur, Ahmad Hasan ‘Abd al—Husayn Surur, Yusef Ya'qub Surur and Husayn Fahd
          Daqduq were reportedly arrested in ‘Ita al—Sha'b by SLA forces in March and
          April 1987. They were reportedly taken to Centre 17 Camp and then to Khiam
          Detention Centre, where they were allegedly tortured by methods including
          electric shocks to the fingers or genitals. It is reported that they were
          interrogated by Israelis. They were then reportedly transferred to Safarand in
          Israel where they were allegedly interrogated by Israeli security service
          personnel and severely beaten and forced into the shabeh position. They were
          eventually transferred to Kishom Prison and tried before the Military Court at
          Lod where they were reportedly sentenced to up to three years' imprisonment for
          offences such as membership and military training with an illegal organization.
          Husayn Fahd Daqduq should have been released in 1988 and the others in 1990. It
          is reported that they are still detained.
          UrQent a inieals and replies received
          639. On 13 January 1999, the Special Rapporteur sent an urgent appeal in
          conjunction with the Special Rapporteur on the independence of judges and
          lawyers and the Chairman-Rapporteur of the Working Group on Arbitrary Detention
          on behalf of Taysar Muhmed Aouwda, who was reportedly arrested on 30 December
          1998 and had since been detained at the GSS Interrogation Unit of the Jerusalem
          Russian Compound. He was reportedly suffering from a chronic illness and had
          been denied medication he had brought with him to the Russian Compound. On
          4 January 1999, an ad hoc military proceeding was reportedly held and the court
          is said to have extended his detention for 15 days. The court is also said to
          have ordered that he be examined by a prison physician.
          640. On 2 February 1999, the Special Rapporteur sent an urgent appeal in
          conjunction with the Chairman-Rapporteur of the Working Group on Arbitrary
          Detention and the Special Rapporteur on the independence of judges and lawyers
          on behalf of Ali Mustafa Tawbeh, who had reportedly been arrested from his
          primary school in Arnoun by Israeli armed forces on 6 October 1997 and taken to
          the Khiam Detention Centre, in southern Lebanon. Israeli armed forces in the
          south of Lebanon have reportedly claimed that he was arrested for “planning a
          military operation against them”. During the first six months of his
          incommunicado detention, he was allegedly subjected to torture and was kept in
          solitary confinement.
          641. The Government replied on 13 July 1999 that Ali Mustafa Tawbeh was
          arrested by forces of the South Lebanese Army (SLA) and not by Israeli forces,
          in his home and not in his school. The Government stated that he was arrested on
          suspicion of having been actively involved in action undermining the security of
          the region. He was transferred for the purpose of investigation to the Al—Khiam
          Detention Centre in the south of Lebanon which the Government stated was under
          the control of the SLA and not its responsibility. The Government stated that,
          in its contacts with the SLA in relation to the Al-Khiam Detention Centre, it
          had encouraged the establishment of adequate conditions and improved standards
          which conform to international standards for the protection of human rights. It
          stated that to this end, the International Committee of the Red Cross and
          families of detainees visit the detention centre. The Government further replied
        
          
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          that during his investigation by the SLA, A u Mustafa Tawbeh made a number of
          admissions, including but not limited to the following: that he had undertaken
          acts of espionage, terror and incitement to violence against the region and its
          inhabitants and had collected information against Israeli and SLA forces, that
          he conveyed this information to the so-called “Hizbullah” and that he had
          approached leaders of the so—called “Hizbullah” to express his readiness to act
          as a suicide bomber against Israeli targets in southern Lebanon.
          642. On 10 February 1999, the Special Rapporteur sent an urgent appeal on
          behalf of Jihad Husni Moharimed Shehadeh, who had reportedly been arrested in
          August 1997, under an administrative detention order, for his alleged links to
          Hamas. Since then, he had reportedly been detained without charge or trial. He
          had been under interrogation by members of the Israel's General Security Service
          (GSS) since 7 February 1999, when he had been transferred from prison to the
          Hasharon interrogation centre. He was allegedly kept hooded, his legs and hands
          being tied to a chair in an uncomfortable position, with loud music playing,
          from the afternoon of 7 February until the following morning, when he was taken
          to meet his lawyer.
          643. On 1 March 1999, the Special Rapporteur sent an urgent appeal on behalf
          of Issa Ali Batat, a Palestinian from Dhahariya, south—west Hebron. He had
          reportedly been arrested on 22 February 1999 by the (GSS) and was said to be
          currently held incommunicado at Shikma prison in Ashkelon. Assurances sought by
          his lawyer from the Attorney General's Office that no physical force is used
          during his interrogation had reportedly been refused and an appeal to the
          Israeli High Court for an interim injunction forbidding the use of physical
          force had also been turned down. Issa Ali Batat had reportedly been arrested in
          an attempt to find out the whereabouts of his brother, who was reportedly wanted
          by the GSS.
          644. The Government replied on 23 July 1999 that Issa Ali Batat was arrested
          on 22 February 1999 by the GSS on suspicion that he was engaged in terrorist
          activity that presented a real danger to public safety and regional security.
          The Government further stated that subsequent to the GSS investigation, he was
          charged with several serious offences including buying and supplying weapons and
          ammunition for use in terrorist activity, harbouring terrorists who have carried
          out bombings against civilian targets and supplying money for the purpose of
          terrorist activity. The Government informed the Special Rapporteur that, on
          10 May 1999, the Supreme Court sitting as the High Court of Justice heard a
          petition on behalf of Issa Ali Batat, who claimed that he was mistreated by the
          GSS. After hearing his lawyer and reviewing the evidence in the case, including
          secret evidence, the court rejected his petition, but stated that it would
          consider some of the points of law raised, including the question of the use of
          physical force in investigations, in conjunction with another similar case. The
          Government advised that these cases were still pending. A September 1998
          background paper on “Hamas” was transmitted to the Special Rapporteur with the
          reply.
          645. On 10 March 1999, the Special Rapporteur sent a joint urgent appeal with
          the Special Rapporteur on violence against women, its causes and consequences,
          on behalf of Munah Hassan Awad Barhasin, a Palestinian woman, who had reportedly
          been arrested on 15 February 1999 and detained at the GSS Interrogation Unit of
          the Kishon Detention Center, where she had allegedly been forced into the shabeh
          position for long periods. She was reportedly on a hunger strike. At a military
          hearing held on 2 March 1999, her remand had reportedly been extended for
        
          
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          15 days. It was also reported that, as the security services had no specific
          place for female detainees, she was forced to share a cell with Israeli criminal
          detainees.
          646. The Government replied on 17 March 1999 that Munah Hassan Awad Barhasin
          was released from the Kishon Detention Centre on 14 March 1999. The reply did
          not provide any information on her alleged ill—treatment while in custody.
          647. On 12 March 1999, the Special Rapporteur sent a joint urgent appeal with
          the Chairman-Rapporteur of the Working Group on Arbitrary Detention on behalf of
          Hussein Akul, a 17—year—old Lebanese citizen who had reportedly been held at
          Khiam Detention Centre since 2 September 1997 without charges. He was said to be
          gradually becoming blind and to have been denied medical treatment.
          648. On 26 April 1999, the Special Rapporteur sent a joint urgent appeal with
          the Chairman-Rapporteur of the working Group on Arbitrary Detention on behalf of
          Amin Muhammad Ghazi al—Aghbar, a Palestinian who had reportedly been arrested on
          16 March 1999 at Allenby Bridge and taken to Jelemeh Prison, also known as
          Kishon Prison. He was said to be held in incommunicado detention, since
          30 March, at a military detention facility, Megiddo Prison. He is reportedly
          accused of having links with “Hamas”, an Islamist movement opposing Israeli
          rule.
          649. The Government replied on 12 July 1999 that the investigation into Amin
          Muhammad Ghazi al-Aghbar alleged activities within “Hamas” had been completed.
          It stated that the investigation revealed that he is an active mer er of “Hamas”
          and as a result, he was charged with 12 serious offences, including membership
          of a terrorist organization, holding office in a terrorist organisation,
          promoting contacts with a foreign (Syrian) terrorist organization, raising funds
          and harbouring fugitives who belong to a terrorist organization, procuring
          illegal weapons for the use of a terrorist organization and recruiting new
          mer ers for a terrorist organization. The Government further replied that, given
          his medical record, he received close and continuous medical supervision
          throughout the period of his detention. No comment was made on his detention
          allegedly being incorimunicado. In relation to access to legal representation,
          the Government replied that it had been assured that he was being duly
          represented by an attorney of his choice. The Government indicated that he was
          barred from having access to his attorney on a small number of occasions when
          the necessities of national security, in accordance with Israeli law, made this
          imperative. Transmitted with the Government's reply was a September 1998
          background paper on “Hamas”.
          650. On 29 April 1999, the Special Rapporteur sent a joint urgent appeal with
          the Chairman-Rapporteur of the Working Group on Arbitrary Detention on behalf of
          Muhmad Mahmud Hassan Abu Tir, who had reportedly been arrested on 21 September
          1998 near Jerusalem. From the time of his arrest until 11 October 1998, he had
          reportedly been held incommunicado at Jerusalem's Russian Compound. On
          27 Septer er 1998, the court reportedly extended his detention for another
          30 days, until the time of his indictment. Since then, he had reportedly been
          transferred to Shikma Detention Centre and moved again to the GSS Interrogation
          Unit of Jerusalem's Russian Compound, on 11 April 1999. He had reportedly only
          been allowed to sleep for three hours at a time. He was allegedly forced to sit
          on a high chair with his wrists tied behind him so tightly, that his wrists were
          swollen.
        
          
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          651. On 29 July 1999, the Special Rapporteur sent an urgent appeal on behalf
          of ‘Ali Khalil Surur, Samih Surur, Hasan Musa Ridha, aged 15, Muhammad Musa
          Ridha and Muharimad Na'meh Ridha, aged 15, who had reportedly been among those
          arrested between about 20 and 22 July 1999 in the village of ‘Ayta al-Sha'b by
          mer ers of the South Lebanon Army and the Israeli army who were reportedly
          searching homes. The soldiers are said to have interviewed about 75 people,
          including children. The above—named persons were currently being held in Khiam
          Detention Centre.
          652. On 14 September 1999, the Special Rapporteur sent an urgent appeal on
          behalf of Husayn ‘Ali Hans, Muhammad Mahmud Hans, Haytham Bahjat As'ad and
          Nader Muhammad Khader, who had reportedly been arrested by members of the
          Israeli Defence Force in the village of ‘Ayt al—Sh'b and Belat, on 9 and
          10 Septer er 1999. They were allegedly held incommunicado in the Khiam Detention
          Centre.
          653. On 29 October 1999, the Special Rapporteur sent a joint urgent appeal
          with the Chairman-Rapporteur of the Working Group on Arbitrary Detention on
          behalf of Maria Sobeiti (f), Ibrahim Fadlallah, ‘Ali Khalili Khanafer, Bilal
          Mahmud Ja'afar, aged 17, Ghunwa Mahmud Ja'afar (f) , Hussein Muhammad Samhat,
          Hussein Ahmad Samhat, Najwas Ahmad Samhat (f) and Ahmad Hussein Samhat, aged 15,
          who had reportedly been arrested on 7 October 1999 in their village of Aainata,
          in south Lebanon. They were said to be detained at the Khiam Detention Centre.
          654. On 29 Nover er 1999, the Special Rapporteur sent an urgent appeal on
          behalf of Husasyn ‘Ali Hans, Muhammad Mahmud Hans, Haytam Bahjat As'ad and
          Nader Muhammad Khader, who had reportedly been arrested in the village of ‘Ayta
          al—Sha'b, in south Lebanon, by members of the SLA and the Israeli army on 9 or
          10 Septer er 1999. On 20 September 1999, other villagers, Ali Hassan Qassem,
          Fahd Saleh and Fadila Maohammad Tahini (f), were reportedly also arrested. Ali
          Hassan Qassem was arrested allegedly because his son is said to have refused to
          be conscripted into the SLA. Fahd Saleh is said to have been arrested for having
          criticized the Israeli occupation. All were reported to be detained at Khiam
          Detention Centre.
          655. Regarding persons detained at Khiam Detention Centre, the Government
          referred in several letters to previous communications in which it denied
          responsibility for Khiam Detention Centre (see E/CN.4/1999/61, para. 393)
          656. On 7 December 1999, the Special Rapporteur sent an urgent appeal
          concerning the draft Criminal Procedure (Powers and Special Interrogation
          Methods for Security Offences) Law, which was reportedly introduced in the
          Knesset in October 1999. This bill would authorize GSS interrogators to use
          “special interrogation methods”, including “physical pressure on the body”,
          where there is a reasonable suspicion that a person has information which, if
          immediately revealed, could prevent danger to human life or State security. The
          Special Rapporteur reminded the Government that he had concluded, in his report
          to the previous session of the Commission on Human Rights (see E/CN.4/1999/61,
          para. 394) that the use of “moderate physical pressure” as an aid to
          interrogation violates the prohibition of cruel, inhuman and degrading treatment
          and, in certain combinations, or over a certain period of time, the prohibition
          of torture. He also reminded the Government that the findings of the Corimittee
          against Torture and the Human Rights Committee were consistent with his own
          observations. He also reminded the Government of the September 1999 ruling of
          the High Court that the systematic use of various interrogation techniques by
        
          
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          GSS interrogators was illegal. Finally, he welcomed the submission to the
          Knesset in October 1999, of the draft Penal Code (Amendment — Prohibition of
          Torture) Law, which would reportedly make the infliction of torture, as defined
          in the Convention against Torture, a criminal offence.
          Follow—un to previously transmitted corimunications
          657. By letter of 11 January 1999, the Government responded to a number of
          cases transmitted by the Special Rapporteur on 11 July 1996 (see
          E/CN.4/1997/7/Add.1) , 11 June 1997 (see E/CN.4/1998/38/Add.1) and 3 September
          1998 (see E/CN.4/1999/61)
          658. Concerning Mamon Isma'il Yusaf Vousvous (see E/CN.4/1999/61, para. 373),
          the Government informed the Special Rapporteur that he had been convicted and
          sentenced to six months' imprisonment for his criminal activities with the so—
          called “Hamas” terrorist organization. He was re—arrested on 11 Decer er 1997 as
          a result of his connection with the so—called organization and on suspicion of
          organizing a terrorist attack. The Government replied that owing to the
          seriousness of the allegations, he had been the subject of intensive
          interrogation, during the course of which he petitioned the Israeli High Court
          of Justice in relation to the conditions of his interrogation (480/98) . His
          petition was later withdrawn. The Government further replied that he had filed a
          complaint with the Department of Internal Police Investigations and an
          investigation was carried out by authorized officials of the Ministry of
          Justice. Mamon Vousvous and his interrogators were questioned at this
          investigation, which decided that the interrogators had committed no wrongdoing.
          Nevertheless, the Government indicated that the investigator made a
          recommendation to the State Attorney that since prolonged handcuffing could
          cause injury, it should be avoided in the future.
          659. Concerning Ali Saalem Ali Balut (ibid., para. 374), the Government
          replied that he had been a mer er of “Hamas” and had been arrested and jailed on
          several occasions since 1989, most recently on 26 March 1998 when he was
          residing illegally in Israel. After his arrest, he was interrogated on suspicion
          of aiding the recruitment of “Hamas” members and on suspicion of engaging in
          violent activities for “Hamas”. The Government stated that during his
          interrogation he had petitioned the Israeli High Court of Justice regarding the
          conditions of his interrogation (3250/98), which was struck out. The Government
          further reported that he was currently standing trial for his offences. The
          Government noted that he had not made a complaint to the Department of Internal
          Police Investigations concerning his interrogation and, therefore, the
          Government stated, it was impossible for it to answer the allegations of ill—
          treatment.The Government informed the Special Rapporteur that if a complaint was
          filed, it would be investigated by authorized officials of the Ministry of
          Justice.
          660. Concerning Asam Tzaadek a—Chalim Halman (ibid., para. 375), the
          Government replied that he was arrested on 26 July 1997 on suspicion of having
          assisted wanted members of “Hamas” . During his interrogation, he also submitted
          a petition to the Court regarding his interrogation (4699/97), but later
          withdrew his petition. The Government replied that he had not filed a complaint
          to the Department for Internal Police Investigations concerning his
          interrogation, therefore it was not possible to answer his allegations. The
          Government stated that, as for Ali Saalem Ali Balut, if a complaint was filed,
          it would be investigated by authorized officials of the Ministry of Justice.
        
          
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          661. Concerning Fadi PiDdullah Sa'id Saffi (see E/CN.4/1997/7/Add.1,
          para. 249), the Government replied that he was arrested on 4 May 1994 on
          suspicion of terrorist activities for “Hamas”, for carrying out an attack on an
          Israeli bus and for two other incidents involving Molotov cocktails. The
          Government reported that he was tried, convicted and sentenced to five years and
          two months' imprisonment. The Government further replied that he had never filed
          a complaint regarding his interrogation and that if a complaint was filed, it
          would be investigated by authorized officials of the Ministry of Justice.
          662. Concerning Mahdi Muhammad Hussein Suleiman Shakrour (ibid., para. 250),
          the Government replied that he was released on 18 May 1994 by the Israeli police
          following his imprisonment for throwing stones. The Government further replied
          that he had earlier been arrested and interrogated by police investigators and
          was finally brought to trial, convicted and sentenced to 18 months'
          imprisonment, 10 months of which were suspended. The Government informed the
          Special Rapporteur that, to the best of its knowledge, he did not make a
          complaint regarding his police interrogation.
          663. Concerning Abdel Rahman Abd Ahmar (ibid., para. 254), the Government
          replied that he was an activist in the so—called “George Habash” terrorist
          organization. The Government reported that he had been jailed on several
          occasions for his activities with that organization. The Government further
          replied that on 15 February 1996, he was interrogated on suspicion of
          involvement in planning violent terrorist attacks and carrying out an attack. He
          filed a complaint in March 1996 regarding his interrogation, which was
          investigated by the Ministry of Justice. The Government informed the Special
          Rapporteur that during the investigation, Abdel Rahman Abd Ahmar was interviewed
          and claimed that he was not harmed during the interrogation. The final
          conclusion of the investigation was that there was no evidence of any wrong
          doing by the interrogators.
          664. Concerning Bassem Mahmad Abdulleh Niruch (ibid., para. 255), the
          Government replied that he was jailed in 1992 for his activities as a member of
          “Hamas” and re—arrested on 5 March 1996 on suspicion of military activities with
          the same organization and in connection with carrying out terrorist attacks. He
          was sentenced to eight years' imprisonment (four of which were suspended) in
          March 1997. The Government informed the Special Rapporteur that following his
          complaints to the International Committee of the Red Cross an investigation was
          carried out by authorized officials of the Ministry of Justice. The Government
          further stated that no basis was found for the allegation that he was beaten
          during interrogation. The Government stated that, following conversations with
          him and after gathering all the documentation, including medical reports, the
          investigator determined that he was untrustworthy and his complaint was false.
          665. Concerning Adnan Yunis Abu Magid Tabaaneh (ibid., para. 256), the
          Government replied that he had been arrested in 1986 and 1994 and, most
          recently, in March 1996, on suspicion of military activities on behalf of
          “Hamas”. The Government further replied that he had petitioned the Israeli High
          Court of Justice (1996/96) and his lawyer had filed a complaint with the
          Department of Internal Police investigations, in both instances in respect of
          his interrogation. In respect of the latter, the Government replied that an
          investigation had been carried out and found that the interrogators had acted
          lawfully.
        
          
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          666. Concerning Walid All Mahmud Karageh (ibid., para. 257), the Government
          replied that he was a senior activist in “Hamas” and had been arrested on
          4 April 1996, tried and convicted. The Government further replied that during
          his arrest he filed a petition to the Israeli High Court of Justice regarding
          his interrogation (3508/96) . His lawyer also filed a complaint with the
          Department of Internal Police Investigations. In respect of the latter, the
          Government replied that an investigation was carried out, which included an
          examination of medical reports and other documentation, and it was concluded
          that the interrogators had acted lawfully.
          667. Concerning Raad Shaib Phatcha Sunugrut (ibid., para. 258), the Government
          replied that he had been arrested and interrogated on 15 March 1996 on suspicion
          of assisting wanted members of “Hamas” and of planning terrorist attacks. The
          Government further replied that he had made a number of admissions during the
          interrogation and had been tried and sentenced to two years' imprisonment, after
          which he was released in August 1998. During his interrogation, his lawyer filed
          a complaint to the Israeli Court of Justice regarding his interrogation
          (2708/96) and later also filed a complaint with the Department of Internal
          Police Investigations. In respect of the latter, the Government replied that an
          investigation had been carried out, which included an examination of medical
          reports and other documentation, and it had been concluded that the
          interrogators had not acted violently.
          668. Concerning Muhamed Zachri Suchri Mujahed (ibid., para. 259), the
          Government replied that he had been arrested on 11 April 1996 on suspicion of
          mercJDership of the military wing of “Hamas”. The Government further replied that
          he had made a number of admissions during interrogation and had been tried and
          sentenced to three years' imprisonment. During his interrogation, his lawyer
          filed a complaint to the Israeli Court of Justice regarding his interrogation
          (2837/96) and later also a complaint to the Department of Internal Police
          Investigations. In respect of the latter, the Government replied that an
          investigation had been carried out and it had been concluded that the
          interrogators had not acted violently.
          669. Concerning Mussa Farid Mussa Masharqeh (see E/CN.4/1998/38/Add.1,
          para. 212), the Government replied that he was arrested on 7 March 1995 on
          suspicion of making contact with a wanted military activist in the “PFLP”. The
          Government further reported that during a medical examination it was determined
          that he suffered from asthma and he was therefore afforded close medical
          attention throughout his interrogation. The Government informed the Special
          Rapporteur that he had filed a complaint through the ICRC which was investigated
          by authorized officials in the Ministry of Justice who had spoken with him.
          According to the Government, he gave the impression of being untrustworthy and
          there was no evidence found to support his allegation that illegal actions took
          place during his interrogation.
          670. Concerning Daher Ahmad Salah Abu Mayaleh (ibid., para. 213), the
          Government replied that he had been arrested for the first time in May 1994,
          tried and sentenced to a term of imprisonment, released in July 1995, and later
          re—arrested on 15 February 1996 on suspicion of involvement in “Hamas” terrorist
          activities. He was tried, sentenced and subsequently released in February 1997.
          The Government informed the Special Rapporteur that during an application to
          extend his sentence, he argued before the court that he had lost consciousness
          for five hours following vigorous shaking by interrogators. The Government
          further stated that this allegation was examined by the court, which called a
        
          
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          medical officer to give evidence, and rejected. He later filed a complaint with
          the Department of Internal Police Investigations on 25 April 1996. The
          Government replied that an investigation was carried out and the claim was
          rejected.
          671. Concerning Bashar Nazia Muhamad Tarabieh (ibid., para. 214), the
          Government replied that he had been arrested on 19 August 1996 on suspicion of
          two arson attacks. The Government replied that he had been released on the basis
          of insufficient evidence and that he had not filed a complaint concerning the
          manner of his interrogation. The Government assured the Special Rapporteur that
          if a complaint was filed, it would be duly investigated by authorized officials
          of the Ministry of Justice.
          672. Concerning Azam Isma'il Saim Arada (ibid., para. 215), the Government
          replied that he had been arrested on 17 October 1996 on suspicion of being an
          activist in a “PFLP” terrorist attack. The Government further replied that he
          had been interrogated for two weeks and released on 1 November 1996 on the basis
          of insufficient evidence and that he had not filed a complaint concerning the
          manner of his interrogation. The Government assured the Special Rapporteur that
          if a complaint was filed, it would be duly investigated by authorized officials
          of the Ministry of Justice.
          673. Concerning lyad Abu Hamdieh (ibid., para. 216), the Government replied
          that he was arrested at an army checkpoint on 9 April 1996 together with his
          brother in connection with their involvement in terrorist attacks in which
          Israeli civilians had been killed. The Government informed the Special
          Rapporteur that during his arrest, lyad Abu Hamdieh had complained of medical
          problems from which he suffered as a result of a previous road accident, but
          that it was discovered that he was lying. He was subsequently released on 2 June
          1996 without charges, and the Government replied that he had not filed any
          complaint concerning the manner of his interrogation. The Government assured the
          Special Rapporteur that if a complaint was filed, it would be duly investigated
          by authorized officials of the Ministry of Justice.
          674. Concerning Ayman Mahmad Fiyad Kafishah (ibid., para. 218), the Government
          replied that, following his release from jail in August 1995, he had continued
          activities with “Hamas” . The Government stated that he had been arrested on
          5 April 1997 on suspicion of being involved in a suicide borcJDing at the Apropos
          restaurant in Tel-Aviv, in which three innocent civilians had been killed. After
          an interrogation in which he made a nur er of admissions, he was sentenced to
          35 years' imprisonment. The Government further reported that during his
          interrogation, he filed three petitions to the Israeli High Court of Justice
          regarding the manner of his interrogation (2317/97, 2499/97, 267/97) . The first
          petition was dismissed in Court and he withdrew the other two. The Government
          further replied that he had not filed any complaint concerning the manner of his
          interrogation. The Government assured the Special Rapporteur that if a complaint
          was filed, it would be duly investigated by authorized officials of the Ministry
          of Justice.
          Observations
          675. The Special Rapporteur welcomes the decision of the High Court of Justice
          on 6 September 1999 declaring unlawful the interrogation techniques involving
          “moderate physical pressure” and recognizing that they constitute torture or
          cruel, inhuman or degrading treatment, absolutely prohibited under international
        
          
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          law. He nevertheless regrets that, pursuant to the defence of necessity under
          Israeli Law (there is no such defence against torture or similar ill—treatment
          under international law) , the Court felt that such techniques could avoid
          attracting criminal responsibility in certain extreme cases. He is pleased,
          however, that he has learned of no cases of interrogation in which the security
          services resorted to the techniques since the decision was handed down. He
          sincerely hopes that draft legislation introduced in the Knesset aimed at
          formally authorizing coercive techniques of interrogation will be vigorously
          opposed by the Government and not become law. He also remains concerned at the
          continuation of torture and ill—treatment of persons detained in southern
          Lebanon under the de facto control of Israel.
          Japan
          ReQular communications and replies received
          676. By letter dated 29 November 1999, the Special Rapporteur advised the
          Government that he had received information on the following cases.
          677. Uchiyama Kazuo was reportedly detained in Chiba Prison on 17 August 1993.
          He was reportedly taken to an interrogation room on 30 August for a disciplinary
          lecture after allegedly angering a guard by approaching him in an informal
          manner. In the room, he was allegedly told to stand in a formal, upright
          position while guards disciplined him. One guard allegedly forcibly straightened
          two of his fingers which he could not straighten as he had diabetes, causing
          both men to lose balance and fall over. After this occurred, 10 other guards
          reportedly arrived who proceeded to kick and punch him and twist his arms behind
          his back. He was later forcibly taken to a “protection cell” where he had his
          clothes ripped off and was put in mataware pants with a slit cut in the seat for
          defecation. In the cell, he was reportedly forced to lay face down on the floor
          while he was allegedly restrained with a leather belt and metal handcuffs and
          kicked repeatedly until he fell down. He has reportedly initiated legal
          proceedings in relation to his treatment in prison at the Chiba District Court.
          However, the Court has reportedly ordered that the practice of putting prisoners
          in a “protection cell” is inadmissible in its examination of his case, following
          a government objection.
          678. Hiura Yoshitaka was reportedly incarcerated in the Yokohama Prison in
          1991. He was reportedly placed in a single cell one year later, allegedly for a
          minor offence, and held there until February 1994. When he reportedly attempted
          to make a formal complaint against his treatment, he was allegedly subjected to
          a violent assault by prison guards and then taken to a “protection cell”, where
          he was allegedly forced, face down, on the floor, bound and with leather
          handcuffs and stood on by a prison officer, causing him to bite his tongue and
          bleed from his mouth. The guard reportedly put him in an extra pair of handcuffs
          and then left him in this position in the “protection cell” for four days.
          According to the information received, he has brought an action against the
          prison authorities at the Tokyo District Court.
          679. Zhou Bi Zhu, a Chinese woman who was pregnant at the time, was reportedly
          arrested on 3 March 1997 and incarcerated in the Tokyo Detention House on
          2 April 1997. Three days after her arrival at the prison, she reportedly
          complained to a prison guard of a strong pain in her abdomen and that half of
          her body felt as if it was paralysed. The guard reportedly replied that as it
          was Sunday, there were no doctors available, and that she would have to wait
        
          
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          until the following day to see a doctor. She reportedly did not see a doctor
          until 22 April 1997 by which time the foetus was dead.
          680. Yihaya Radwan Allam, an Egyptian man, reportedly contracted a skin
          disease in the Tokyo Detention House in Nover er 1993, when he was allegedly
          placed in an unsanitary cell containing insects and faeces. During a second
          period of confinement in March 1994, 15 guards allegedly hit him, causing him
          serious injuries, including near deafness in his right ear. He has reportedly
          initiated legal proceedings complaining of his alleged ill—treatment in custody.
          Jordan
          UrQent a inieals and replies received
          681. On 11 August 1999, the Special Rapporteur sent a joint urgent appeal with
          the Chairman of the Working Group on Enforced or Involuntary Disappearances on
          behalf of Jotiar Yahia Latif al—Salihi, his wife, Rawiya, their daughter Chimen
          and their son, Latif, all Iraqi nationals who had reportedly been abducted on
          9 July 1999 in Jordan by the Iraqi Intelligence Service (see above, under Iraq)
          and who were said to be still held in incommunicado detention in an unknown
          place in Jordan.
          682. In the same urgent appeal they also intervened on behalf of Robar Yahia
          Latif al—Salihi, his brother, Omaed, his sister, Joanne, and his mother,
          Gulbahar, who were reportedly at risk of forcible repatriation to Iraq, where
          they might be at risk of torture. They were reportedly informed by security
          officers that their stay in Jordan had expired, the day following the
          publication in an London—based Arabic newspaper of an interview with Robar on
          the possible abduction of his brother's family.
          Kazakhstan
          Follow—un to previously transmitted corimunications
          683. By letter dated 7 July 1999, the Government responded to all cases
          transmitted by the Special Rapporteur in September 1998 (see E/CN.4/1999/61,
          paras. 413-424).
          684. Concerning Madel Ismailov, the Government indicated that on 2 May 1997
          criminal proceedings were instituted against him for organizing activities
          disturbing public order. He was put in custody in a remand centre from 18 June
          to 17 Septer er 1997. The Government confirmed that during this period, he was
          placed in a punishment cell after having declared he was on a hunger strike, but
          denied that he was ill-treated at any time during his detention. It further
          indicated that he had never complained about ill-treatment, in particular to his
          lawyers or during court hearings. On 17 September 1997, he was sentenced by the
          Almalin district court in Almaty to one year of corrective labour. The
          Government further indicated that on 7 April 1998 the Auezov district court in
          Almaty sentenced him to one year's deprivation of liberty for having publicly
          insulted the honour and dignity of the President. The Government noted that he
          had now been released from the corrective colony in Petropavlovsk after having
          served his sentence and that he had not lodged any complaint concerning ill—
          treatment during his time there.
        
          
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          685. Concerning Valeriy Tonkonogov, the Government indicated that he had been
          hospitalized at the regional hospital three days after he was arrested in March
          1996. The forensic examination reportedly found that he had been subjected to
          moderate bodily harm. The Government added that on 20 May 1996, his mother filed
          a complaint to the Procurator's Office of Industrialny district in Pavlodar,
          which instituted proceedings against the officials of the Pavlodar Office of the
          State Investigating Committee (OGSK) for premeditated moderate bodily harm. The
          investigations carried out by the Ministry for Internal Affairs and the regional
          office of the Kazakhstan National Security Committee (KNB) found on 16 April
          1998 that no offence had taken place.
          686. Concerning Yevgeniy Tarasov, the Government confirmed that he had
          complained of ill—treatment by three officials from the Ministry for Internal
          Affairs, and indicated that those three officials had been killed in Pavlodar in
          July 1996 while on duty. The Government also indicated that after several
          investigations, his allegations had been declared unfounded.
          687. Concerning Natalya Zabolotnaya and her boyfriend, V.P. Avdeyuk, the
          Government confirmed that a medical examination found that they had suffered
          bodily harm. On 15 April 1997, the Procurator of Ilichev district in Pavlodar
          instituted criminal proceedings against officials of the OGSK. The proceedings
          were later terminated on the ground that, according to witnesses, bodily harm
          had been caused by other detainees. The Government noted that these two persons
          had not complained about unlawful methods of investigation to the Assistant
          Procurator who conducted regular checks of the temporary detention centre.
          688. Concerning Viktor Rukavishnikov, the Government confirmed that he
          reported the alleged ill—treatment to a trial judge and that a medical
          examination confirmed that he had slight bodily injuries. However, the judge is
          said to have found that he had sustained those injuries long before he was
          arrested.
          689. Concerning Sabit Kashkimbaev, the Government indicated that no evidence
          was found that he had been ill-treated while in pre-trial detention. In March
          1997, he was reportedly sent to Tashkent, Uzbekistan, to be tried, since his
          case had been combined with criminal proceedings being conducted there.
          690. Concerning Boris Dergachev, the Government confirmed the circumstances of
          his arrest and that he had suffered moderate bodily harm which required
          hospitalization. Preliminary investigations were carried out by the
          investigating service of the KNE department for the Astana and Aqmola region,
          but were stopped on the ground that the actions of the OGSK officials did not
          constitute a criminal offence. The Government finally indicated that the Astana
          Procurator's Office had recommended to the OKNB that additional investigations
          be carried out.
          691. Concerning Andrey Surgutskov, the Government indicated that he had
          confessed in the presence of his lawyer to assaulting a victim and that a
          medical examination found that he had sustained no bodily harm. On 22 May 1995,
          the day he was charged, he reportedly complained about ill-treatment while being
          interrogated and that his earlier statement admitting to the assault had been
          obtained under duress. On 20 June 1995, he filed a complaint with the Astana
          City Procurator. On 25 June 1995, the investigator decided not to pursue the
          case against the militia personnel as their actions did not constitute any
          offence. He also complained of ill—treatment during his trial at the Aqmola
        
          
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          regional court, which asked for further investigations to be carried out. On
          5 October 1995, it was again decided that criminal proceedings would not be
          instituted. Finally, the Government indicated, he was sentenced to 10 years'
          deprivation of liberty for hooliganism and premeditated grievous bodily harm
          leading to the death of the victim.
          692. Concerning Andrey Shtelts, the Government confirmed that he had
          complained of ill—treatment during his November 1995 trial. Investigations
          confirmed that he had obtained first aid for an injury to his right knee in the
          casualty unit of the Zhezgazghan city office of the Ministry of Internal
          Affairs. At that time, he reportedly did not lodge any complaint of having been
          beaten. On 16 February 1996 the investigator of the former GSK administration
          for the Zhezgazghan region decided not to institute criminal proceedings as the
          conduct of the incriminated officials of the Ministry of Internal Affairs in his
          view did not constitute an offence. Finally, the Government indicated that
          Andrey Shtelts had been sentenced to five years' deprivation of liberty.
          693. Concerning Andrey Kolvakh, the Government indicated that on several
          occasions he had confessed in the presence of his lawyer to causing light bodily
          harm and to unlawfully detaining the victim, and that he had not complained of
          unlawful methods of investigation during his trial. On 16 March 1998, he was
          sentenced by the Uralsk city court to three years' deprivation of liberty. A
          claim of ill—treatment was eventually reviewed under an appeal procedure by the
          West Kazakhstan regional court, which concluded that his claim was unfounded.
          694. Concerning Pyotr Privalov, the Government indicated that irimediately
          after his arrest he had voluntarily confessed to theft. His claim that unlawful
          methods of investigation had been used against him was decided to be unfounded.
          695. Concerning Gennadiy Yakuenko, the Governement indicated that he was not
          on the list of persons arrested or detained in 1997.
          Kenya
          UrQent a inieals and replies received
          696. On 19 February 1999, the Special Rapporteur sent an urgent appeal on
          behalf of four persons who were said to be in the Greek embassy in Nairobi: two
          women, Melsa (no surname) , reportedly holding a German passport, and Nujan (no
          surname) , and two men, Ibrahim Ayaz, reportedly holding a Swedish passport, and
          Bylan (no surname), reportedly holding a French passport. They were reportedly
          accompanying Abdullah äcalan. Fears had been expressed that they might face
          imminent and forcible repatriation to Turkey, where they might be at risk of
          torture and other forms of ill—treatment.
          Observations
          697. The report of the Special Rapporteur on his visit to Kenya is contained
          in Addendum 4 to the present report.
        
          
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          Democratic People's Republic of Korea
          ReQular communications and replies received
          698. By letter dated 29 November 1999, the Special Rapporteur advised the
          Government that he had received information according to which conditions in
          detention settlements for political prisoners are very harsh. Prisoners are
          allegedly frequently ordered to undertake heavy labour for up to 18 hours a day.
          Some prisoners are reportedly forced to perform this labour while wearing iron
          leg restraints, metal collars and other restraints. Inadequate food supply,
          coupled with sleep deprivation, has reportedly led many prisoners to faint from
          hunger and exhaustion when undertaking forced labour. Punishment cells are said
          to be too low for a prisoner to stand upright and too small for a prisoner to
          lie down flat. Prisoners have reportedly been kept in such cells for several
          weeks for breaking prison rules. Forced abortions are allegedly practised and
          reportedly no medical care is provided.
          699. The Special Rapporteur also transmitted information about the Kaechon
          Prison, where conditions are reportedly very harsh. Prisoners are said to be
          only allowed the use of one toilet for 300 people, in shifts, at three fixed
          times a day. Prisoners are reportedly only allowed to take a shower two or three
          times a year. Sleeping charters are reportedly severely overcrowded, flea—
          infested and dirty. Prison authorities allegedly maintain a strict regime of
          control through severe punishment for disobeying rules. Prisoners must not speak
          with each other, laugh or sing. Those who breach the rules are reportedly told
          that they will be severely punished. Prisoners are reportedly ordered to keep
          their heads down at all times, resulting in lumps on prisoners' shoulders and
          heads. Many prisoners are reportedly crippled and hunchbacked as a result.
          Prisoners are allegedly frequently whipped, kicked, beaten and punched.
          700. Lastly, the Special Rapporteur transmitted information on Soon—ok Lee.
          She was reportedly detained for 14 months at the Nongp'o Assembly Point,
          followed by six years in the Kaechon Political Prison from 1987 to 1992. While
          at the Asser ly Point, she was allegedly lashed with a triangular rubber whip
          while naked and tied to a frame, causing swollen wrists and bruises over her
          body. She was allegedly kept awake for three to four days in a row. She was also
          allegedly put into a hot brick kiln where officers poured water over her,
          causing her to lose consciousness. She was allegedly also tied to a bed and
          forced to swallow large amounts of water pouring down from the ceiling. When she
          reportedly lost consciousness as a result, a board was allegedly put on her body
          which officers then trampled on until she vomited. In November 1987, when she
          was brought to the Kaechon Political Prison, a female prison officer allegedly
          kicked her with her boots. After more than six years' hard labour, by which time
          she was reportedly in very poor health, including a damaged pelvis and paralysed
          face, damaged back and left leg, she was reportedly released in Decer er 1992
          and sent to Onsong camp before leaving the country in 1994.
          701. By letter dated 9 Decer er 1999, the Government responded to these
          allegations, but questioned the sources of information of the Special
          Rapporteur. It denied the allegations, and in particular the existence of
          “political prisoners camps”. It indicated that there existed three “reform
          institutions through labour”, respectively in Sariwon City, Pyongyang City and
          Chommae County. It referred to its Socialist Constitution, which stipulates that
          working days should be eight hours long. According to the Criminal Procedures
          Act, pregnant women are neither detained, nor ordered to perform labour from
        
          
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          three months before, to seven months after, their delivery. Medical care is free
          for everybody.
          702. Concerning Soon—ok Lee, the Government indicated that she had never been
          detained. It also denied the existence of the Kaechon Reform Institution.
          Republic of Korea
          ReQular communications and replies received
          703. By letter dated 29 November 1999, the Special Rapporteur advised the
          Government that he had received information on the poor conditions in many
          prisons. In many prisons medical care is reportedly inadequate, particularly in
          relation to the health care needs of women. Prisoners are allegedly frequently
          held in solitary confinement for long periods, sometimes even years, are
          deprived of sleep for several days, questioned throughout the night, threatened
          and beaten.
          704. The Special Rapporteur transmitted information on the following
          individual cases.
          705. Park No—hae was reportedly arrested in March 1991 by mer ers of the
          Agency for National Security Planning (ANSP) and interrogated for over 30 days.
          He was allegedly severely beaten and, for the first 10 days of interrogation, he
          was allowed to sleep only for a few hours each night. The Government replied on
          14 December 1999 (see para. 708 below)
          706. Baik Tae—ung a leader of the Socialist Workers League, SanomaenQ , was
          reportedly arrested in April 1992 by members of the ANSP. After his arrest, he
          was reportedly interrogated for 22 days during which time he was allegedly
          deprived of sleep for long periods, beaten and injected with drugs, purportedly
          in an attempt to extract a confession. The Government replied on 14 December
          1999 (see para. 708 below)
          707. Kim Nak-Jung, the former Co-President of the MinjunQ Party, was
          reportedly detained from 25 August to 15 September 1992 by members of the ANSP
          who accused him of having met four North Korean agents between 1990 and 1992. He
          was allegedly beaten by a group of ANSP agents using clubs, particularly on his
          fingers, resulting in scars and bruising on his head and arms. He was also
          allegedly deprived of sleep for long periods causing him to faint during
          interrogation. The Government replied on 14 December 1999 (see para. 708 below)
          708. Yang Hong-Kwan was reportedly arrested by agents of the ANSP in September
          1992. At the time of his arrest, he was allegedly stripped, beaten, forced to do
          repeated physical exercise and deprived of sleep. As a result of this alleged
          mistreatment, he reportedly made a confession. The Government replied to the
          above four cases together on 14 December 1999. It indicated that the four men
          were released on 15 August 1998 under a general amnesty. The Government stated
          that none of the men had filed any complaint nor any lawsuit for State
          compensation for any alleged torture. The Government advised that since being
          released, Park No—hae has freely engaged in various literary activities, and
          Baik Tae-Ung has moved to the United States to undertake graduate studies.
          709. Oh Jeung-Eun, Han Sung-Ki and Jang Suk-Jung were reportedly detained by
          four ANSP agents at the Seoul District Prosecution Office, from 31 August to
        
          
          E/CN. 4/2000/9
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          14 Septer er 1998, on suspicion of having plotted to provoke an armed attack
          during the December 1997 presidential campaign. Oh Jeung-Eun was allegedly
          strangled and hit on his chest, cheeks and lips, suffered a nur er of wounds,
          particularly to his lips and mouth and later appeared in court violently
          shaking. Han Sung—Ki was allegedly also severely beaten, in order to extract a
          confession. He reportedly suffered wounds to his chest, scars on both of his
          knees and around his waist, and severe bleeding. Jang Suk—Jung was allegedly
          beaten on his stomach, legs, feet and face with a bottle. Both of his feet were
          allegedly smashed. He reportedly suffered damaged bowels and severe bruising to
          his face and body, especially his legs. The three men reportedly appeared before
          a Seoul District Court judge on 3 October 1998 in relation to their alleged
          treatment at the Seoul District Prosecution Office. The Government replied on
          14 December 1999 that the three men were tried and subsequently released on
          bail, on charges of having plotted to induce North Korea to armed provocation
          during the December 1997 presidential campaign. The Government indicated that
          the men had made a complaint alleging that they were tortured by National
          Intelligence Service investigators during their interrogation and that the
          complaint was currently being investigated by the Prosecutor's Office.
          Observations
          710. The Special Rapporteur appreciates the response from the Government. He
          draws attention to and shares the concern of the Human Rights Committee in its
          concluding observations on the review of the country's periodic report under the
          International Covenant on Civil and Political Rights. Specifically, the
          Corimittee “takes note of the procedures for monthly monitoring of conditions in
          detention centres by prosecutors, but it is concerned that these and other
          mechanisms are not adequate to prevent instances of torture and cruel, inhuman
          and degrading treatment of detainees. The small percentage of cases in which
          complaints of torture or cruel, inhuman and degrading treatment lead to action
          against officials calls into question the credibility of the existing procedures
          of investigation.” (CCPR/C/79/Add.114, para. 14)
          KyrQyzs tan
          ReQular communications and replies received
          711. By letter dated 29 November 1999, the Special Rapporteur advised the
          Government that he had received information according to which the conditions
          (in particular, sanitary conditions) in pre—trial detention centres (SIZOs) are
          very poor. There is a reported lack of food and medicine. Owing to severe over-
          crowding, prisoners must reportedly sleep in shifts. Poor conditions in two
          juvenile correctional facilities were also reported: the Belovodskoe
          correctional facility and Vosnesenovski correctional facility. Detainees in
          these two facilities are reportedly deprived of adequate food, clothing and
          footwear and many are ill.
          712. The Special Rapporteur also transmitted the following cases.
          713. 1.1. Skorokhodov, a Russian, was reportedly arrested on 25 May 1998 by
          militia officers in Chui—Tokmok. He was reportedly taken to a nearby house,
          where, for 30 minutes, officers allegedly kicked him, particularly in the area
          of his liver and kidneys, and hit his head causing him to lose consciousness. He
          was reportedly taken to City Militia Station No 4. An officer and the militia
          captain allegedly hit his head. They reportedly told him to get out of
        
          
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          Kyrgyzstan if he survived their treatment of him. He reportedly lost
          consciousness several times when a rope around his neck was tightened. Officers
          allegedly threatened to kill him, but reportedly decided not to as too many
          people had seen his arrest. He was reportedly taken to the Chui-Tokmok district
          militia police department (ROVD) where he was put in an isolation facility (IVS)
          where officers allegedly continued to beat him for around 30 minutes. He was
          reportedly taken to the Tokmak City Court on 26 May 1998 where he complained to
          the judge about his alleged ill-treatment, for which the judge reportedly
          apologized and said that he could not do anything about it. On 27 May 1998 he
          reportedly lost consciousness and was hospitalized for over a month with
          serious concussion, numerous abrasions and bruises on this body, signs of
          suffocation and an open wound on his lips. He has reportedly filed a complaint
          with the City Administration, the Prosecutor's Office and the militia. He was
          re—arrested for hooliganism on 2 Septer er 1998, allegedly as a result of making
          his complaint to the militia, and placed in the Tokmok IVS where he was
          allegedly denied medical treatment and food. On 26 February 1999, he was
          reportedly sentenced to six years in a strict correctional facility, which he is
          now believed to be serving.
          714. Uulbolsun M was reportedly detained on 11 August 1998 by the investigator
          of the Pervomaiski district Department of the Interior (ROVD) and taken to the
          Pervomaiski district Public Prosecutor's department. She was allegedly
          threatened and intimidated before being taken to a cell where an attempt was
          made to take a photograph of her. When she reportedly refused to have her
          photograph taken, a guard allegedly grabbed her hair and started to beat and
          kick her, causing her to lose consciousness. She reportedly lost consciousness
          the following day as well, allegedly from being beaten by guards. She was
          reportedly later taken to City Hospital No 4.
          715. Pavel Bals was reportedly taken from his home by officers of the
          Oktyabrski ROVD on 1 Septer er 1998 and taken to their offices wearing only his
          underwear. There, he was allegedly severely beaten and sustained three broken
          ribs and injuries to his neck. His neck was later reportedly operated on owing
          to the injuries allegedly sustained by the beatings.
          Follow—un to previously transmitted corimunications
          716. By letter dated 29 december 1998, the Government responded to an urgent
          appeal sent by the Special Rapporteur on 26 October 1998 (see E/CN.4/1999/61,
          para. 439) on behalf of 12 persons detained at the Jalal—Abad temporary
          detention centre. The Government indicated that a commission composed of
          officers of the General Prosecutor's Office and of the Ministry of the Interior
          had been sent to the Jalal—Abad region to examine the case of the persons
          mentioned in the urgent appeal. All were legally detained. Concerning the
          conditions of their detention, the Government recognized that the allegations,
          in particular regarding overcrowding, were founded and indicated that
          appropriated measures had immediately been taken to improve them. It
          nevertheless indicated that detainees were receiving food three times a day, had
          beds with mattresses and blankets, and outside exercise twice a day. Lastly, the
          Government indicated that a two—year moratorium on the execution of death
          penalty sentences had been declared by the President on 4 Decer er 1998 to
          celebrate the 50th Anniversary of the Universal Declaration of Human Rights, and
          that a draft amnesty law was currently being considered by the Parliament.
        
          
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          Observations
          717. The Special Rapporteur draws attention to and shares the concerns of the
          Corimittee against Torture, in its conclusions and recommendations on its review
          of the country's periodic report under the Convention against Torture, in
          respect of “the numerous and continuing reports of torture ... and other cruel,
          inhuman, or degrading treatment or punishment (sometimes including children) by
          law enforcement personnel” (CAT/C/23/6, para. 5)
          Lao People's Democratic Republic
          ReQular communications and replies received
          718. By letter dated 29 November 1999, the Special Rapporteur advised the
          Government that he had received information on the following case.
          719. Khamtanh Phousy, an army captain, has reportedly been detained in a
          nur er of prisons since March 1996, in particular in the C—156 prison in Kieng
          Khouang, in Sam Neua in Houa Phanh province, and in Prison Camp No. 7 at Ban
          Sophao, where guards reportedly told other prisoners not to speak with him. He
          allegedly had his legs chained together and was locked for 20 days into a wooden
          stock, so that he could not stand, walk, bathe, eat or use the toilet. He was
          reportedly released when prisoners broke his chains. Following an escape
          attempt, his legs were allegedly chained together, and he was reportedly placed
          in an iron stock.
          Lebanon
          UrQent a inieals and replies received
          720. On 26 february 1999, the Special Rapporteur sent an urgent appeal on
          behalf of Mahmud Ahmad Jallul, a cameraman for the official Lebanese television
          station, Tele—Liban. He had reportedly been detained incommunicado since
          11 February 1999 when he was arrested. At the time of his arrest, he was
          allegedly beaten and bundled into a car by five unidentified plain-clothes men
          who showed no arrest warrant. Government sources reportedly confirmed that he
          was being held by the Lebanese authorities on charges of “collaboration with
          Israel” and spying for Mossad, the Israeli secret service. Furthermore, he was
          said to be suffering from high cholesterol and to require regular medication.
          Follow—un to previously transmitted corimunications
          721. By letter dated 7 Decer er 1998, the Government responded to a
          corimunication sent by the Special Rapporteur on 3 September 1998 (see
          E/CN.4/1999/61, paras. 441-444) . It indicated that the courts diligently
          safeguard human rights and are extremely eager to ensure that no right is
          violated.
          722. Concerning Antoinette Yusuf Chahin, the Government indicated that the
          security officers who had allegedly tortured her while she was questioned had
          denied in court, after taking the oath, that she had been subjected to any form
          of torture. A medical examination requested by the first examining magistrate is
          said to have found no anomaly attributable to torture.
        
          
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          723. Concerning the death of Munir Mtanios, the Government indicated that
          medical reports clearly showed that he had died as a result of a severe heart
          attack. His body had showed no trace of violence or assault.
          724. Concerning the death of Tareg al-Hassaniyah, the Government indicated
          that during his detention at the Beit ed-Din police station, he beat his head
          against the walls and iron door of his cell after being found to have committed
          a number of thefts. According to the Government, this caused a haemorrhage in
          his head, as a result of which he rapidly died before the staff of the police
          station could transfer him to the hospital. An investigation confirmed that his
          death was not caused by torture.
          Mal ays i a
          ReQular communications and replies received
          725. By letter dated 29 November 1999, the Special Rapporteur advised the
          Government that he had received information on the two following cases.
          726. Dr. Munawar Anees was reportedly arrested on 14 September 1998 under the
          Internal Security Act (ISA) and was allegedly subjected to severe physical and
          psychological pressure during incommunicado detention to confess to sexual acts
          with Anwar Ibrahim on behalf of whom the Special Rapporteur intervened in
          October 1998 (see E/CN.4/1999/61, para. 458) . On 19 September 1998, he was
          reportedly convicted of “unnatural offences” under section 377D of the Penal
          Code, after he pleaded guilty. He later reportedly appealed his conviction and
          sentence, claiming that his confession had been coerced. During his prolonged
          interrogation, he was shaved bald, verbally insulted and threatened, stripped
          naked and forced to mimic homosexual acts. He was allegedly held in a tiny
          windowless cell and deprived of sleep.
          727. Sukma Darmawan, the adopted son of Anwar Ibrahim's father, was reportedly
          arrested on 6 September 1998 and was held in incommunicado detention for
          15 days. On 19 Septer er 1998, he was also convicted after he pleaded guilty to
          “having allowed himself to be sodomized by Anwar Ibrahim”. He was then
          reportedly transferred to Bukit Aman federal police headquarters where he was
          detained incommunicado. During his prolonged interrogation by police in order to
          make him confess, he was allegedly subjected to severe psychological and
          physical pressure, including being stripped naked in a cold room, humiliated,
          struck, and threatened with indefinite detention under the Internal Security Act
          (ISA) . Police are said to have humiliated him by making him stand naked and by
          groping his genitals and pinching his nipples while taunting him with
          humiliating words. He was allegedly placed in a small, damp and cold cell. In
          May 1999, the High Court is said to have dismissed his appeal against his
          conviction and sentence, stating that there was no miscarriage of justice
          because he had admitted to the facts. He reportedly appealed the ruling.
          UrQent a inieals and replies received
          728. On 24 February 1999, the Special Rapporteur sent an urgent appeal on
          behalf of Shaharudin Abdul Kadir. He had reportedly been detained incommunicado
          under the ISA at his home in the early hours of 19 February 1999. He had
          reportedly been detained under suspicion of association with the Reformasi
          movement for social and political reform in Malaysia. By letter dated 19 March
          1999, the Government replied that he had been arrested on suspicion that he was
        
          
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          involved with a syndicate that forged temporary work permits, the official
          documents of the Malaysian Immigration Department enabling foreigners to stay,
          work and move freely in the country. It further replied that his involvement
          with the syndicate was a serious offence, affecting national security. The
          Government stated that his detention was therefore in accordance with the law
          and rejoined that information transmitted that he was reportedly detained
          because of his association with the Reformasi movement was inaccurate. In
          relation to fears of torture, the Government stated that they were equally
          unfounded.
          729. On 15 April 1999, the Special Rapporteur sent an urgent appeal on behalf
          of Tian Chua, chairperson of the Malaysian Peoples' Coalition and several other
          individuals, including Abdul Malek Hussein. They had reportedly been assaulted
          while they were carrying out a peaceful protest, near the National Mosque in
          Kuala Lumpur against the judgement under which the former Deputy Prime Minister,
          Anwar Ibrahim, was sentenced to six years' imprisonment. He reportedly appeared
          to have sustained serious injuries to his body and lircJis and his face was
          reported to be swollen and bleeding. It was claimed that he was denied medical
          attention. The Special Rapporteur had already sent information concerning Tian
          Chuan in relation to previous allegations of torture after his arrest on
          21 November (see E/CN.4/1999/61, para. 459) . Abdul Malek Hussein recently lodged
          a complaint of torture while in police custody.
          Follow—un to previously transmitted corimunications
          730. By letter dated 24 December 1998, the Government responded to an urgent
          appeal sent by the Special Rapporteur on 1 October 1998 on behalf of Dato' Anwar
          Ibrahim (see E/CN.4/1999/61, para. 458) . The Government indicated that on
          29 septer er 1998 the Chief Prosecutor had informed the court that Anwar Ibrahim
          had alleged that he had been beaten while in police custody. Thus, an
          independent team of police not involved in the case investigated his
          allegations. On 20 Nover er 1998, the team reportedly submitted its findings to
          the Attorney-General who, at the time of the reply, was reviewing them. The
          Government enclosed a list of all the persons arrested under the ISA. They had
          all been released between the end of September and mid—NovercJier 1998, except
          S. Nallakarupan, who had been charged under section 57 (1) (b) of ISA with
          unlawful possession of ammunition. His trial was said to have been postponed to
          25 January 1999.
          Mali
          ReQular communications and replies received
          731. By letter dated 3 September 1999, the Special Rapporteur advised the
          Government that he had received information concerning the following cases.
          732. The persons detained by the State security police and the gendarmerie
          were reportedly chained hand and foot. Some, including Roger Alfred Dao, are
          said to have been detained under these conditions for six months. Throughout his
          detention he allegedly had no contact with the outside world and did not see the
          light of day. He reportedly had to relieve himself into plastic bags which were
          removed once a week.
          733. Mady Kamakoye Diallo, former minister in the government of President
          Moussa Traoré, and six soldiers, Moriba Dailla, Yacouba Traoré, Roger Alfred
        
          
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          Dao, Abdou Kemenani and Amara Berthé, detained since October 1996, and Yacouba
          Keita, detained since Decer er 1996, are all said to have been accused of
          attempting to overthrow the Government and threatening the security of the State
          and to have been sentenced to between 15 and 18 months of imprisonment by the
          Bamako Assize Court. At the time of their arrest, they were allegedly
          interrogated by the State security police for more than five days and held
          incommunicado for more than 15 days. Mady Kamakoye Diallo was reportedly held
          incommunicado for four days, while Amara Berthé was brought before a judge more
          than 45 days after his arrest. During their trial, in March 1998, they are said
          to have testified to having been tortured while in police custody. At their
          trial, the six soldiers reportedly still bore traces of the torture they had
          suffered months earlier while being held in custody. It is alleged that they
          were hit, had their hands and feet chained and, after being sprayed with water,
          were forced to kneel in the courtyard of the police station and undergo a mock
          execution, as well as being made to go without food and water for three days and
          deprived of sleep. It seems that Mady Kamakoye was not physically tortured, but
          was deprived of sleep, while threats were made against his family. The men are
          said to have been heard by a judge in the presence of their alleged torturers.
          The Assize Court is understood to have taken the police reports into account,
          despite their testimony.
          Me x i c 0
          ReQular communications and replies received
          734. By letter dated 8 October 1999, the Special Rapporteur advised the
          Government that he had received information concerning the following cases. By
          letters dated 27 October and 15 December 1999, the Government replied to several
          of the cases mentioned in the Special Rapporteur's letter.
          735. Alfonso Martin del Campo Dood, a United States national, is said to have
          been tortured by at least ten policemen in the office of the commander of the
          Benito Juárez police station, on 29 May 1992. At present, he is believed to be
          being held in the Pachuca Hidalgo Social Rehabilitation Centre (CERESO) . He is
          reported to have been forced to sign a statement assuming responsibility for the
          murder of his sister Juana Patricia Martin del Campo Dood and her husband. He
          appears not to have had the benefit of legal assistance at the time of his
          statement was made. The judicial police officer Sotero Galván Gutiérrez was
          found liable under the administrative discipline procedure for having
          arbitrarily arrested and beaten Alfonso Martin del Campo. The officer is
          understood to have been disqualified for a period of three years. On the other
          hand, three other officials of the Public Prosecutor's Office were found not to
          be liable. Alfonso Martin del Campo was reportedly found guilty of double
          homicide and sentenced to 50 years imprisonment. The Fourth Collegiate Criminal
          Court in the Federal District apparently did not accept a direct am aro
          application. Likewise, Alfonso Martin del Campo's application to the High Court
          of Justice in April 1999 for recognition of his innocence appears to have been
          disallowed. Despite the fact that Mr del Campo is said to have lodged a criminal
          complaint for torture against the judicial police allegedly involved, no
          proceedings appear to have been taken against any of them.
          736. By letter of 15 December 1999, the Government advised that the National
          Human Rights Commission (CNDH) had opened five dossiers relating to complaints
          made by Alfonso Martin del Campo Dood; according to the first dossier, dated
          6 January 1998, the complainant had been arbitrarily arrested and tortured by
        
          
          E/CN. 4/2000/9
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          officials of the Federal District Government Procurator's Office. The CNDH is
          said to have closed this dossier on 23 April 1998 because the Procurator's
          Office had instituted official liability proceedings against Juan Marcos Bodillo
          Sarabia, Javier Zamora Cortés and Sotero Galván Gutierrez, in their capacity of
          public servants, without arbitrary arrest and torture having been proved. The
          Government also advised that the second dossier had been opened by the CNDH on
          7 August 1998 with the authorities of the Oriente remand prison being accused of
          responsibility for alleged violations of the human rights of Martin del Campo.
          According to the information received, this dossier was closed on 22 October
          1998, the question having been settled during the trial. Martin del Campo is
          said to have asked the CNDH to obtain his transfer to another prison. This was
          apparently refused by the Pre—Trial Detention and Social Rehabilitation
          Directorate because the CNDH is not competent to deal with this type of request.
          The dossier is reported to have been closed on 25 January 1994. The third
          dossier was opened in response to a petition for early release by the person
          concerned. This was closed on 29 June 1994 for the same reasons as mentioned
          above. The Government noted that on 21 July 1994 the CNDH opened another dossier
          because of the mistreatment allegedly suffered by Martin del Campo during his
          transfer to the Pachuca Hidalgo Social Rehabilitation Centre (CERESO) which had
          been authorized by the Ministry of the Interior. According to the information
          provided, the CNDH issued a recorimendation which appears to have been
          implemented, the complainant having been admitted to the Tula de Allende CERESO
          on 23 June 1996. It was reported that an investigation had been opened into a
          homicide for which Martin del Campo was alleged to be responsible. As far as the
          officials are concerned, Sotero Galván Gutierrez is said to have admitted to
          having beaten Martin del Campo Dood and to have been dismissed and disqualified
          from holding a position as a public servant; Juan Marcos Badillo Sarabia and
          Delfino Javier Zamora Cortes were found not to be officially liable for the
          alleged infringements.
          737. Alma Delia Laurel Benitez, a student, and the peasant Justino Bolanos
          Rodriguez, both aged 20 and living in the corimunity of Zacualpán, municipality
          of Atoyac de Alvarez, are reported to have been arrested with violence on
          17 April 1999 by two mer ers of the State Judicial Police who were not in
          uniform and were carrying heavy—calibre weapons. The two policemen took them to
          the Tecpan de Galeana CERESO, where they are said to have been tortured
          physically and psychologically. It is alleged that both were forced to sign a
          statement under torture.
          738. According to the Government, Alma Delia Laurel Benitez and Justino
          Bolanos Rodriguez were arrested for abduction, on the basis of the facts
          established in preliminary investigation No. GALE/ATOY/115/04/99 which is
          available in the office of the public prosecutor for non—federal offences of the
          judicial district of Galeana, Guerrero. Consequently, on 17 April 1999, they
          were lawfully arrested and made a statement acknowledging their participation in
          the abduction.
          739. On 1 February 1999, approximately 150 heavily armed municipal, anti-riot
          and State judicial police officers are reported to have attacked, beaten and
          arrested more than 300 indigenous Nahua and Otomi. Two helicopters allegedly
          dropped tear gas on men, women, children and old people. As a result, a number
          of people apparently suffered broken arms and ribs and at least ten others are
          said to have been injured so seriously that they had to be taken to hospital in
          Tampico and Pachuca. According to information received on 18 March 1999 by the
          Special Rapporteur, all those detained had been released, although charges were
        
          
          E/CN. 4/2000/9
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          still in effect against some of them, including Rosa Hernández, President of the
          Union of Women, Juan Bautista Hernández, Nicolás Flores Hernández and Nicolás
          Martines, who had been freed on bail.
          740. Esperanza Parra Batiz, Guadalupe Hernández, Ruben Barrios MCndez,
          Heraclio Blanco Sanchez, Victor Alejandro Navarro de Lira, aged one year and
          five months, and twenty others, including women and children, are reported to
          have been removed by force from the offices of the Ministry of Education and
          Culture (SEC) by a group of approximately 60 heavily armed ministry police in
          Fresnillo, Zacatecas, on 18 Decer er 1998. It is alleged that even though the
          evacuation was peaceful as far as the demonstrators were concerned, when they
          asked for permission to collect belongings that had been left behind, the police
          proceeded to abuse, assault and beat them, mainly on the abdomen and back, with
          the result that Esperanza Parra Batiz, Guadalupe Hernández, Ruben Barrios
          MCndez, Heraclio Blanco Sanchez and Victor Alejandro Navarro de Lira were
          injured.
          741. Juan Chivarras de la Cruz, Miguel Hernández de la Cruz and Isidoro Lopez
          Diaz were allegedly tortured by members of the Mexican Army on 20 December 1998.
          Following the discovery of the dead body of Phillip True, a United States
          journalist, who had been strangled, mer ers of the Mexican Army are said to have
          tortured Isidoro LOpez Diaz in the community of San Sebastian, Teponahuaxitlan,
          in order to discover the whereabouts of Juan Chivarras de la Cruz and Miguel
          Hernández de la Cruz. Afterwards, they reportedly arrested the two latter and
          extracted statements from them under torture. Both apparently confessed to
          having strangled Phillip True, although the results of a second autopsy, carried
          out by a United States forensic expert, are said to have shown that True did not
          die of strangulation but as a result of being beaten.
          742. By letter dated 15 December 1999, the Special Rapporteur received
          information from the Government concerning the case of Juan Chivarras de la
          Cruz, Miguel Hernández de la Cruz and Isidoro LOpez Diaz. According to this
          information, the Human Rights Corimission of Jalisco State had sent the CNDH a
          dossier establishing that between 15 and 17 December 1998 units of the armed
          forces arrived at the village of Almoltita to investigate the death of the
          United States journalist Phillip True and track down the suspects, Juan
          Chivarras de la Cruz and Miguel Hernández de la Cruz, who were arrested on
          24 December 1998 and turned over to the Government Procurator of Jalisco State.
          CNDH inspectors came to San Sebastian Teponahuaxtlán to gather information and
          obtain the relevant reports from the authorities. A dossier is being compiled
          within the context of the prosecution of Juan Chivarras de la Cruz and Miguel
          Hernández de la Cruz for aggravated homicide and aggravated assault in the case
          of the murder victim Phillip True.
          743. Arturo Rios Morales is reported to have been arrested on 23 September
          1998 by four members of the State judicial police on Avenida de Cuauthómoc in
          the city of Acapulco, Guerrero. He is said to have been taken with a hood over
          his head, handcuffed and legs bound to the office of the judicial police
          corimander where he remained for three or four hours. After being untied, he was
          allegedly taken to a van and left lying on the seat for some four hours. Three
          or four other people then entered the vehicle and three of them got on top of
          the body of Arturo Rios Morales, poured water through his nose and stuffed a rag
          in his mouth, over a period of approximately two hours, to make him confess to
          abductions and murders that had taken place in the village of El Quemado. The
          next day he was reportedly driven to El Quemado and taken on foot along the road
        
          
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          to Koyamichal. When the party reached a river, he was allegedly held under water
          several times to make him confess to the above—mentioned acts. They then went on
          to Coyamichal where Arturo Rios Morales had told them he was holding someone he
          had abducted. After finding that this was not true, it is alleged that the
          police officers beat him and two of them pointed a shotgun and a pistol at him.
          Getting no response, they decided to take him to the office of the State
          judicial police commander in the Jardin Sector. He was then reportedly held
          incommunicado from 24 September to 30 September, receiving food on only four
          occasions. The next day he was turned over to the government procurator for non—
          federal offences in Atoyac de Alvarez to make a statement. The attorney Alanis
          Santos is alleged to have said, at first glance, that Arturo Rios Morales “had
          not even been beaten”. Arturo Rios Morales reportedly stated that he had been
          tortured by Corimander Javier Villalobos and men under his command. It appears
          that he also complained to the State Human Rights Commission which certified the
          following injuries: nasal abrasions around the septum, inflammation of the right
          posterior part of the head caused by a blunt instrument and abrasions on the
          right wrist, also caused by a blunt instrument.
          744. In connection with the case of Arturo Rios Morales, the Government noted
          that the Human Rights Commission had decided to open a dossier. The dossier is
          currently in the process of being compiled.
          745. Elvia Garcia Quinonez, aged 18, is reported to have been arrested on
          14 October 1998 by two members of the State judicial police in Atoyac de
          Alvarez, Guerrero State. She is said to have then been bundled into a patrol—
          car, roughed up and threatened. She was driven towards Acapulco and transferred
          into another vehicle in which she was beaten and threats were made. It is
          alleged that she was then taken to the Corimander's office where she was
          handcuffed with her hands behind her back, blindfolded and beaten in order to
          extract a confession concerning a case of abduction. From there she was taken to
          Chilplancingo where she was ordered to cooperate and offered money if she would
          incriminate others. One of the officers is said to have told her that he had
          come from Mexico City with orders to kill her. Elvia Garcia's head was allegedly
          forced into a water tank and she was beaten on the ribs; she was taken to a
          hotel in the suburbs of Chilplancingo where she was left handcuffed and
          blindfolded until the next day when she was taken back to Chilplancingo where
          she was tortured and threatened with death. When Elvia Garcia told the officer
          in charge that two of her uncles were generals, he ordered his men to leave her
          alone and stop beating her. She is understood to have been released on
          16 October 1998.
          746. Lorenzo Téllez Gonzalez was reportedly thrown to the ground and beaten by
          four members of the Office of the Attorney—General of the Republic (PGR) in
          Independencia Street, in the centre of Atoyac de Alvarez, Guerrero State, on
          14 November 1998. He was subsequently blindfolded and is presumed to have been
          taken to Acapulco where he apparently received further blows and electric
          shocks. Lorenzo Téllez is said to have been threatened with death if he made an
          official complaint. Afterwards it became known that 12 other people from the
          Atoyac area had also been arrested, including Margarito Arreola. Threats were
          allegedly made to kill her 14-year old son if she did not confess to being a
          mer er of the People's Revolutionary Army.
          747. According to information received from the Government, the PGR has not
          opened a preliminary investigation or a detailed report on the case of Lorenzo
        
          
          E/CN. 4/2000/9
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          Téllez Gonzalez. The CNDH has sent the Government a dossier which is currently
          being processed.
          748. Luis David Villavicencio Mares was arrested on 1 August 1998 by two
          judicial police officers because of his suspected involvement in a robbery. They
          allegedly put him in one vehicle and then transferred him to another in which
          there were two other officers who, together with those who had arrested him,
          interrogated and beat him. Afterwards, he is said to have been turned over to
          Investigation Bureau 50 at Arcos de Eden 23, where he was taken into a room in
          which there were eight more officials of the Federal District Government
          Procurator's Office (PGJDF) and where plastic bags were placed over his head. He
          was reportedly beaten all over his body and kicked and punched in the thighs,
          back, chest and ribs. The torture is alleged to have continued until a
          confession was obtained. After several hours, four other persons told him that
          he would have to make a statement and would have tell the doctor who examined
          him that he had had a fall at work, in order to account for his injuries. This
          version of the facts was apparently that which David Villavicencio gave to the
          public prosecutor and which he later denied, saying that the initial version had
          been prompted by his fear of the threats made against him. In his second
          statement he is said to have provided information about the officers who
          arrested and tortured him. The medical certificates apparently confirm the
          credibility of the second statement. On 3 August 1998, Luis David Villavicencio
          Mares reportedly complained to the Federal District Human Rights Commission. The
          Human Rights Commission's investigation ended in the adoption of
          Recommendation 3/99 of 1 March 1999 which calls, inter alia , for the initiation
          of disciplinary proceedings to establish the possible official and criminal
          liability of the public servants involved. On 22 March 1999, the Legal and Human
          Rights Sub-Office of the PGJDF accepted Recorimendation 3/99, though subject to
          certain considerations.
          749. By letter dated 15 December 1999, the Government provided information on
          the case of Luis David Villavicencio Mares. A recorimendation by the Human Rights
          Corimission concerning his alleged unlawful arrest and torture, naming officials
          of the PGJDF, was reportedly sent to the PGJDF on 1 March 1998. This
          recommendation had been partially implemented and an administrative procedure
          had been initiated with a view to investigating the prosecution service
          officials José Cuitláhuac Salinas Martinez, Gabriel Zermeno Rosas, Aureliano
          Delagado Navas and Jorge Jiménez Vega.
          UrQent a inieals and replies received
          750. On 4 May 1999, the Special Rapporteur forwarded an urgent appeal on
          behalf of Abel Vega Cortés, Felipe Lucio Mendoza Angel, Juan Manuel Tovar
          Fuentes, Alejandro Santés Córdova, Angel Remigio Figueroa Bustos, Sergio Sahagón
          Morales, Lorenzo Ramirez Hernández, Gustavo Ramblas Ramirez, Josué Leon Ramos,
          Juan Gallegos Quintanilla, Efrén Marmolejo Lopez, Eli Ochoa Gómez, Antonio
          Cárdenas Chacón, Eleazar Faustino Jesus, Angel Yopihua Villagrán, Salvador
          Osorno Benitez, José Luis Lozada Loaliza, Melitón Sanchez Salazar, Ciro Robledo
          Hernández, Ricardo Fuentes Garcia, Abel Guillermo Hernández Rosales, Victor
          Manuel Valdés Cruz and Hildegardo Bacilio Gómez, soldiers forming part of the
          so—called “Comando Patriótico de Concienciación del Pueblo” whose aim is said to
          be to make the public aware of how soldiers of all ranks are being treated. The
          above—mentioned individuals were reportedly arrested on 20 March 1999 and sent
          to the installations of the First Military District in Mexico City. Their arrest
          was apparently connected with a demonstration staged by a group of approximately
        
          
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          50 soldiers of the Mexican Army, including the persons arrested, on 18 March in
          Mexico City in protest against alleged violations of their human rights, their
          pay and the military code under which they are tried. It is understood that, on
          22 March 1999, the persons arrested were transferred to the Military Prison of
          the 15th Military District and to the Fifth Military Region with headquarters at
          Guadalajara, Jalisco, as well as to the Third Military Region with headquarters
          at Mazatlán, Sinaloa.
          751. On 19 May 1999, the Special Rapporteur and the Special Rapporteur on
          extrajudicial, summary and arbitrary executions, forwarded a joint urgent appeal
          concerning the following situation: on 20 April 1999, the peasant Evaristo
          Albino Téllez, aged 27, and Antonio Mendoza Olivero, a child aged 12, reportedly
          left Barrio Nuevo San José, part of the autonomous municipality of Rancho Nuevo
          Democracia, Guerrero State, to get in their harvest. When they failed to return,
          on the following day the sister—in—law of Evaristo Albino Téllez, Francisca
          Santos Pablo, aged 33, and the boy's grandmother, Victoriana Vázquez Sanchez,
          aged 50, went out to look for them. When the women reached the plot of land,
          they encountered many soldiers, who had made an incursion into the Mixtec
          indigenous area of the municipality of Tlacoachistlahuaca on 19 April 1999. When
          they saw the soldiers, the women tried to flee but were allegedly caught and
          raped by the soldiers. The two women managed to get back and tell community
          leaders what had happened. According to the information received, the soldiers
          patrolled the plot of land for several days, so that no one from the community
          dared go near the place for fear of new attacks. On 28 April 1999, after the
          soldiers had left the area, traces of blood, the child's sandals, cartridge
          cases, blood—stained rubber gloves and a mask were found there. While the
          soldiers were at the site, they also allegedly beat and stripped Rufino Ramirez
          Santos and beat a 10—year—old girl who was with him. These facts were reported
          to the National Human Rights Commission and the State Human Rights Commission.
          They were also reported to the Public Prosecutor's Office in Ometepec and to the
          judge of the court of first instance in the same place, who for two days
          allegedly refused to grant the equivalent of a habeas corpus application as long
          as Antonio Mendoza and Evaristo Albino did not appear before the authorities. On
          7 May 1999, the State Human Rights Commission is said to have informed the
          relatives of Antonio Mendoza and Evaristo Albino that they had been killed by
          soldiers who claimed that Evaristo and Antonio had fired shots at them.
          According to the information received, the Public Prosecutor's Office of
          Ometepec, where the dead bodies had been taken, knew of the deaths of Evaristo
          and Antonio well before the family was informed. When relatives consulted the
          coroner's office (SEMFO) in Acapulco, Guerrero, they learned that Antonio
          Mendoza had bled to death from a single gunshot wound in the leg.
          752. The Government replied to this urgent appeal by letter dated 17 August
          1999. With respect to Evaristo Albino Téllez, Antonio Mendoza Olivero, Francisca
          Santos Pablo and Victoriana Vázquez Sanchez, the Government stated that the
          ongoing inquiries showed that the actions of the military personnel had always
          been strictly correct and in compliance with the Constitution and the applicable
          law; the allegation that military personnel were in the neighbourhood of the
          community Barrio Nuevo San José on 20 April 1999 was false since they were in
          the Romano base of operations north of the village of San Miguel Tejalpan, in
          the municipality of Tlacoachistlahuaca, Guerrero; it was untrue that for no
          reason whatsoever military personnel had molested and caused the death of
          Evaristo Albino Téllez and the child Antonio Olivero and that Francisca Santos
          Pablo and Victoriana Vázquez Sanchez had been raped by soldiers. The Government
        
          
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          indicated that as soon as more details were available as a result of the CNDH
          inquiry, they would be made known.
          753. On 29 July 1999, the Special Rapporteur forwarded an urgent appeal on
          behalf of the ecologists Rodolfo Montiel Flores and Teodoro Cabrera Garcia.
          According to the information received, they were arrested by soldiers on 2 May
          1999 in Pizotta, Guerrero State, and were being held in Iguala prison, Guerrero
          State. According to the source, both were beaten by the soldiers and Montiel
          Flores was apparently in very poor condition after having been tortured with
          electric shocks to the genitals during his imprisonment. According to the
          information received, Montiel Flores had inflamed testicles and is in urgent
          need of medical treatment, treatment which the prison medical service is
          probably unable to provide. Both detainees had been made to confess that they
          were members of an armed opposition group and drug traffickers. They were
          reportedly forced to have their picture taken carrying arms and dressed as
          soldiers.
          754. On 10 August 1999, the Special Rapporteur and the chairman/rapporteur of
          the Working Group on Arbitrary Detention forwarded a joint urgent appeal on
          behalf of Natividad and Victoriano Parra Florez who, with two more of their
          brothers, Jesus, aged 18, and Manuel, 16, were arrested on 28 July 1999 at their
          home in Mexcaltepec, municipality of Atoyac de Alvarez, by officers of the
          judicial police (a fifth brother Andrés was arrested some time afterwards) . They
          were first taken to the judicial police academy in Atoyac de Alvarez and then to
          Tecpan prison in the municipality of Galanea, Guerrero State, where at the time
          they were still being held. Natividad and Victoriano Parra Florez were tortured
          while being conveyed to the judicial police academy. As a result, Natividad had
          blood in his urine and Victoriano had bruises all over his face and body.
          755. On 16 Nover er 1999, the Special Rapporteur forwarded an urgent appeal on
          behalf of Gloria Arenas Ajis, Felicitas Padilla Nava, Fernando Gatica Chino and
          Jacobo Silva Nogales who were reportedly arrested on 22 October 1999 on
          suspicion of having been members of the armed opposition group Ejército
          Revolucionario del Pueblo Insurgente. Since then they have allegedly been kept
          incommunicado in Cefereso de Almoloya, the high—security prison in Almoloya,
          Mexico State. Moreover, it is alleged that on 25 October the First District
          Court of Toluca, Mexico State, officially reported that Jacobo Silva Nogales had
          injuries to various parts of his body and that the four detainees claimed to
          have been physically and psychologically tortured. Felicitas Padilla Nava's
          interrogators are said to have threatened that her children would be killed
          unless she gave them information.
          756. On 7 December 1999, the Special Rapporteur forwarded an urgent appeal on
          behalf of Benito Garcia and Celerino Garcia. Both were reportedly beaten while
          in custody and were at risk of being beaten again, in particular because their
          lawyers had not been allowed to see them. Benito Garcia had bruising after being
          severely beaten by the State judicial police (PJE) over a period of three days.
          Celerino Garcia's condition was not known. Both were said to be in the custody
          of the office of the public prosecutor of Valle de San Quintin, Baja California
          State, after having been arrested on 29 Nover er 1999.
          Follow—un to previously transmitted corimunications
          757. By letter of 26 February 1998, the Government provided information
          concerning cases transmitted by the Special Rapporteur by urgent appeal dated
        
          
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          24 October 1997 relating to the following persons: Nicolás Santiago José, Sixto
          Santiago Antonio, Pedro Antonio José and Rafael José Miguel who were reported to
          have been detained by masked individuals in San Juan umi, State of Oaxaca, on
          16 and 17 October 1997 (see E/CN.4/1998/38/Add.1, para. 246). According to the
          Government, these persons were detained under a formal arrest warrant on the
          authority of the public prosecutor in the course of criminal proceedings against
          them, as they were suspected of involvement in the offences of unlawful
          imprisonment, homicide and clandestine burial. At no time had masked individuals
          participated in their detention nor had the detainees been subjected to
          violence.
          758. On 5 November 1998, the Special Rapporteur transmitted to the Government
          information according to which several joint operations had been carried out by
          the army and the State judicial police in the area of San Agustin Loxicha,
          Oaxaca, between April and August 1997. As a result of those operations, several
          persons, who were thought to have disappeared, had been located in various
          detention centres, saying they had been subjected to torture and other forms of
          cruel and inhuman punishment (see E/CN.4/1999/61, paras. 461 and 462).
          759. By letter of 26 November 1998, the Government provided information on the
          following cases: Juanuario Crispin Almaraz Silva and Eloy Hugo Almaraz Silva,
          who were allegedly arrested and tortured on 4 August 1997. Concerning Juanuario
          Crispin Almaraz Silva, the Government reported that after his arrest he had been
          taken to the social rehabilitation centre in Almoloya de Juárez, State of
          Mexico, and held in custody at the disposal of the First District Criminal
          Court. He had been physically examined by doctors of the Attorney-General's
          Office and found to have a linear abrasion on his right leg. He had complained
          to the Human Rights Commission of Oaxaca State. The First District Court in the
          State of Mexico had ordered that he be released for lack of evidence. According
          to the information provided by the Government, an interview given by the person
          concerned to the Oaxaca newspaper El Im arcial , including photographs, shows
          that the case is one of alleged non—compliance with a court order and that he
          had not suffered ill-treatment at any time while in custody. With respect to
          Eloy Hugo Almaraz Silva, the Government indicated that in this case no complaint
          had been lodged.
          760. Ponciano Garcia Pedro, Celso Garcia Luna and Alfredo Garcia Luna were
          reportedly arrested and tortured on 7 August 1997. The Government provided
          information on the reasons for their being arrested and held in custody. Mer ers
          of the preventive police and the State judicial police had participated in the
          arrest.
          761. Mario Cruz Lopez was reportedly arrested on 20 August 1997 and tortured
          until his release a few days later. The Government advised that, according to
          the information supplied by the National Human Rights Corimission, the complaint
          was based on his supposed disappearance and did not allege torture. No such
          allegations were subsequently made either by the initial complainant or by the
          person concerned, but an investigation was opened. As the person concerned
          failed to appear for an initial interview, arrangements had been made for a
          second visit to gather additional information. Moreover, the Government
          Procurator's Office of the State of Oaxaca had received a complaint concerning
          the alleged ill—treatment received by Mario Cruz Lopez and had opened an
          inquiry.
        
          
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          762. By the same letter, the Special Rapporteur informed the Government of
          other corimunications received concerning cases of torture in Mexico. In the
          above—mentioned letter of 26 November 1998, the Government also provided
          information on the following cases.
          763. On 7 August 1997, in Loxichas, Oaxaca, Silviano Garcia Hernández and
          Herminio Garcia Hernández were reportedly arrested and tortured by members of
          the judicial police working with paramilitaries (see E/CN.4/1999/61, para. 464).
          According to the Government, no complaint concerning their alleged disappearance
          has been received.
          764. Daniel Cohn Enciso, Juan Carlos Romero Peralta, oscar Ivan Mareno, Roman
          Morales Acevedo, Carlos Alberto Lopez Inés and Angel Leal Olinares were
          reportedly arrested and tortured by police officials in the Buenos Aires
          district of Mexico City on 8 September 1997. Shortly afterwards their dead
          bodies were found (see E/CN.4/1999/61, para. 466) . According to information
          provided by the Government, the Federal District Human Rights Commission (CDHDF)
          investigated the case and, on 18 November 1997, issued a recommendation
          addressed to the Federal District Government Procurator's Office. This
          recommendation urged the Government Procurator to begin an investigation as soon
          as possible in order to establish the facts and the material and non—material
          liability of those involved. In particular, with respect to the last three
          persons listed, the Government reported that complaints had been lodged with the
          General Coordinating Office for the Special Prograrime on the Presumed
          Disappeared of the National Human Rights Commission. On 5 June 1998, the Ninth
          Division of the High Court of Justice of the Federal District issued a detention
          order against three persons suspected of being responsible for the homicides
          described. This Division confirmed the detention order in the case of one of
          those suspected of the murder of Juan Carlos Romero Peralta, Daniel Cohn Enciso
          and Ivan Mora Lecea and ordered his release, for lack of evidence, in connection
          with the other three murders. For the same reason, it ordered the release of the
          other two persons involved. The possibility of separate prosecution for other
          offences such as false statements and concealment was left open. After the case
          had been examined by the CDHDF, on 18 November 1997 a resolution was issued
          insisting on a review of the contradictions revealed during the proceedings and
          the assessment of witnesses and the consideration of other possible offences
          involving the two individuals released.
          765. Jorge Nava Avilés was reportedly arrested on 27 January 1997 in Jiutepec,
          Morelos, by agents of the preventive police of the State of Morelos and
          subsequently handed over to the State judicial police. His body was found on
          29 January 1997 (see E/CN.4/1999/61, para. 469) . The Government reported the
          opening of an investigation under the authority of the Attorney-General of the
          Republic. Following the preliminary investigation, criminal proceedings were
          instituted against an ex-coordinator and head of the anti-abduction group of the
          judicial police of the State of Morelos and three commanders and one agent
          belonging to the same unit. Except in the case of one of the commanders,
          criminal proceedings were also instituted for the offences of torture and
          homicide. Because of the seriousness of these offences no bail was allowed. On
          the basis of the same facts, the federal judge issued nine other arrest warrants
          against public servants of the State of Morelos.
          766. Fredy Nava Rios, aged 16, was reportedly arrested and tortured by
          soldiers in the military barracks of Atoyac, State of Guerrero, on 25 May 1997
          and then disappeared (see E/CN.4/1999/61, para. 477) . The Government reported
        
          
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          that the National Human Rights Commission, assisted by photographs provided by
          the family, had addressed inquiries concerning his whereabouts to various
          institutions on 21 August, 29 Septer er and 31 October 1997. In some cases the
          results had been negative and in others replies were still awaited. On
          20 October 1997, the National Human Rights Commission had issued a resolution
          addressed to the Military Government Procurator. The Commission pointed out that
          although there was still no conclusive proof of the responsibility of members of
          the Mexican Army, there was sufficient evidence of a genuine case of
          disappearance. The Government Procurator's Office of the State of Guerrero had
          sought information about the case on 4 February 1998 from the commanders of the
          judicial police in Chipancigo, Acapulco, Cd. Renacimiento, Yihuatanejo, Taxco de
          Alarcón, Huamuxtitlan and Tecpan de Galeana, State of Guerrero, after reporting
          on the same day that it was unfamiliar with the facts. The Procurator's Office
          was informed that there was nothing in the records to indicate that there had
          been any criminal proceedings against the person concerned, from which it
          concluded that Fredy Nava Rios had not been arrested by members of the judicial
          police.
          767. Aureo Mendoza Rosales was reportedly abducted on 3 September 1997 by
          mer ers of the Anti-Abduction Group who, before killing him, allegedly tortured
          him in the Los Nardos district of the municipality of Yautepec, Morelos (see
          E/CN.4/1999/61, para. 470) . The Government advised that the National Human
          Rights Commission was aware that Mr Mendoza's dead body had been found in the
          State of Morelos and would gather information and submit its conclusions to the
          General Coordinating Office for its Special Prograrime on the Presumed
          Disappeared.
          768. Estanislao Gutiérrez Gonzalez and Custodio Gómez Salvador were reportedly
          tortured by mer ers of the 40th Infantry Battalion in the community of Monte
          Grande, municipality of Geyuen de Catalán Gro, State of Guerrero. The Government
          reported the opening of a dossier by the National Human Rights Corimission. This
          dossier was in the process of being prepared with the First General
          Inspectorate, which had requested information from the authorities presumedly
          responsible.
          769. The Government also provided information on the case of Salvador Mejia
          Calderón. According to the Government, an examination of the complaint lodged on
          24 July 1998 found that it did not allege the responsibility of public
          authorities and the dossier had therefore been closed.
          770. By letter dated 3 Nover er 1998, the Government provided information
          concerning Rodrigo Cuauhtémoc Delgado Cordero, whose case was included in the
          Rapporteur's report on his visit to Mexico (see E/CN.4/1998/38/Add.2, Annex). He
          is alleged to have been arrested and tortured on 31 March 1996 in Tula, State of
          Hidalgo, by mer ers of the State judicial police. The Government reported that
          he was arrested on suspicion of robbery with violence by mer ers of the
          municipal public security service of Atilalaquia Higaldo and turned over to the
          public prosecutor of the Judicial District of Tula de Allente Hidalgo. He was
          convicted of the offence and the sentence was confirmed both on appeal and in
          am aro proceedings. It follows that the judicial police of Hidalgo State were
          not involved in the arrest and it was the victim of the robbery with violence
          who directly identified Rodrigo Cuauhtémoc to the public prosecutor as the
          person responsible for the offences of which he was accused. The Government
          confirmed this information by letter dated 15 March 1999.
        
          
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          771. By letter dated 27 October 1999, the Government replied to the cases
          transmitted by the Special Rapporteur in his letter dated 5 November 1998.
          772. With respect to Herminio Sixto Sanchez (E/CN.4/1999/61, para. 479), the
          Government reported that after he had been detained in Ixotel Penitentiary, the
          Second Court of Oaxaca sentenced him to one year's imprisonment for public
          health offences connected with the harvesting of poppy plant resin, this penalty
          being replaced by the payment of a fine of 3,000 Mexican pesos. With respect to
          Cenobio Sixto Santos (ibid.), the Government reported that his bullet wound was
          the result of his being intercepted by the police and trying to fire on them and
          make his escape. After being admitted to hospital, he was turned over to the
          Board for the Protection of Minors which on 11 June 1998 found evidence of the
          offences of carrying an unlicensed weapon and possession of opium resin. On
          25 June 1998, the Board released him unconditionally into the custody and
          responsibility of his father, Herminio Sixto Sanchez.
          773. With respect to the case of Felipe Sanchez Rojas (E/CN.4/1999/61,
          para. 475), the Government indicated that on 22 April 1997 the Oaxaca State
          Human Rights Commission had ordered that the dossier be closed for lack of
          interest on the part of the complainant.
          774. By letter of 15 December 1999, the Government forwarded information on
          the following cases.
          775. In the case of Odilón P brosio Antonio (see E/CN.4/1999/61, para. 462),
          the Government reported that the CNDH had opened a dossier on the basis of
          complaints lodged by various NGOs drawing attention to violations of the human
          rights of inhabitants of the Loxicas area in Oaxaca. According to this
          information, the case was investigated by CNDH inspectors from 2 to 11 Nover er
          1997. Through an Oaxaca municipal official they held an interview with Catalina
          Antonia Rodriguez who on 17 July 1997, according to the information received,
          said that her son Odilón ArcJDrosio Antonio, aged 16, had been detained by
          officers of the State judicial police for more than 15 days, although he was
          currently free. The Government reported that in the case of Odilón ArcJirosio
          Antonio the Oaxaca State Human Rights Commission had put together a file
          containing reports received by the Director of the State judicial police in
          which, according to the information received, it was indicated that its officers
          did not participate in the incident in question.
          776. With respect to the case of Santiago Antonio Cisneros and Marcos Antonio
          Juárez (ibid.) , the CNDH opened a dossier as a result of a complaint lodged by
          the Human Rights Centre Fray Francisco de Victoria for alleged violations of the
          human rights of inhabitants of the Loxicas area in Oaxaca and, in this case, for
          the alleged arbitrary arrest and torture of the persons mentioned. The
          Government reported that members of the State judicial police had apparently
          been singled out as suspects. According to the information received, this affair
          had been recorded in dossier CNDH/122/OAK/4247, dated 15 May 1998; the competent
          authorities are said to have stated that these persons were not arrested,
          threatened or tortured by members of the State judicial police.
          777. The Government forwarded information concerning the case of Maximinio
          Sebastian Juárez (ibid.), according to which the CNDH reports that on 12 August
          1997 agents of the State judicial police arrested him on a warrant issued
          against him by the Combined Jurisdiction Court of First Instance of the Judicial
          District of San Pedro Pochutla, Oaxaca, as probably responsible for the offence
        
          
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          of “incitement to rebellion and conspiracy”, without, according to the
          information received, beating or torturing him, after which he was taken into
          custody.
          778. In the same letter, the Government provided information regarding the
          case of Angel and Natanael Hernández Villa, according to which on 2 February
          1998 the CNDH opened a dossier based on a complaint concerning irregularities
          attributed to the judicial police of the State of Morelos and the anti—abduction
          group, who were said to be using secret torture chambers, abductions and summary
          executions against, among others, the persons mentioned. According to the
          information received, this dossier was closed on 11 March 1998, as a result of
          the compilation of the dossiers that gave rise to recommendation 23/98, which is
          reported to have been partially implemented.
          779. With regard to the cases of Pedro Anaya, Luis Hernández, Silvano Lopez,
          Hector Cruz, Juan Ulises Garcia, Raymundo Armas, Guadalupe Segura, Mario Perez,
          Homero LOpez and Adán Chagoyan (ibid., para. 472), the Government reported that
          on account of the arrests made on 14 April 1998 in the Alameda Central of Mexico
          City the Federal District Human Rights Commission (CDHDF) made a request to the
          Department of Public Security for the persons in question be released or turned
          over to the public prosecutor. According to the information received, it was
          requested that officials of the Department of Public Security of the Federal
          District refrain from assaulting, threatening, arresting and otherwise ill—
          treating street children in the above—mentioned area. It was further requested
          that in the event of their being arrested their human rights be fully respected.
          On 23 April 1998, the CDHF is said to have been informed that instructions had
          been issued not to molest or assault street children; moreover, official
          liability proceedings had been instituted against the police officers alleged to
          have assaulted minors. This dossier was said to be in the process of being
          compiled by the CDHDF.
          780. With respect to José Luis Blanco Flores (ibid., para. 473), the
          Government reported that the CNDH had opened a dossier as a result of complaints
          received on 10 April 1998 indicating that on 29 March 1998 members of the
          federal judicial police and the judicial police of the State of Guerrero had
          arrested José Luis Blanco Flores, tortured him and sent him to prison. According
          to the information received, the Commission for the Defence of Human Rights of
          the State of Guerrero had opened a dossier and located the victim. In view of
          his precarious state of health, the Commission is said to have asked the judge
          in the case to have him transferred to a hospital to receive medical attention.
          It is reported that a detention order was issued against Blanco Flores on 3
          April 1998 for the aggravated abduction of Pablo Gerardo Morales Roman while,
          according to the information received, a release order was issued for lack of
          evidence of the offence of criminal association against the public interest.
          781. With respect to Felipe de Jesus BarrOn Chavez (ibid., para. 480), the
          CDHDF is reported to have received, on 10 April 1998, complaints from the
          aforementioned who claimed to have been beaten by agents of the public security
          service and arrested without good cause. An administrative proceeding had been
          initiated with a view to ascertaining the facts.
        
          
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          Observations
          782. The Special Rapporteur is grateful for the responses on numerous
          individual cases referred to in his report on his visit (see
          E/CN.4/1998/38/Add.2, and Addendum 1 to the present report) . He notes that they
          are mainly confined to cases that have been investigated by the National or the
          State Corimission of Human Rights, with several others indicating merely that
          there is no information with either such Commission. As noted in paragraphs 62
          and 63 of Addendum 1 to the present report, a case—by—case approach is
          inadequate to solve the problem. In the report on his visit, the Special
          Rapporteur made a nur er of legal and institutional recorimendations, the
          implementation of which would be necessary to make a serious impact on the
          problem of torture and similar ill—treatment in Mexico. He regrets the absence
          of any information from the Government concerning follow—up to his
          recommendations and notes information from non—governmental sources, according
          to which there has been no such follow—up. He commends these recorimendations to
          the urgent attention of the Government of Mexico in the hope that serious action
          in the coming year will indicate the existence of the necessary political will
          substantially to improve the situation.
          Mo r 0 c c 0
          ReQular communications and replies received
          783. By letter dated 3 September 1999, the Special Rapporteur informed the
          Government that he had received information concerning the following case.
          784. Mahmoud Boumahdi, a former member of the Polisario Front, was allegedly
          arrested on 26 April 1999 and taken to the headquarters of the so—called
          T-Brigade of the Royal Gendarmerie in Khabar where he was tortured by the
          adjutant—corimander. He is reported to have been partially paralysed down the
          left side and suffered a serious nasal haemorrhage and a pierced left ear drum.
          Medical reports, copies of which are in the hands of the Special Rapporteur,
          appear to bear out what he says. They confirm the existence of a post—traumatic
          left hemiplegia. Apparently, the next day he was taken by gendarmes to Hassan II
          Hospital in Dakhla, then transferred five days later to the neuropsychology
          service of Ibn Sina Hospital in Rabat. He is reported to have lodged complaints
          with the local authorities in Dakhla and with the General of the Royal
          Gendarmerie.
          785. By letter dated 8 November 1999, the Special Rapporteur drew the
          Government's attention to a number of cases which he had transmitted in 1996
          without yet having received a reply.
          UrQent a inieals and replies received
          786. On 12 July 1999, the Special Rapporteur sent an urgent appeal on behalf
          of Lili Bachir Lebaouihi, Souda Mohamed Cheikh, Ment Abdati Ould Babit, Ment
          Fadli Ould Babit and his sister, Ould Mustapha Ould Rami and Ment Boutabaa. They
          are said to have been part of a group of twenty or so students from the schools
          of Bir Anzaran and El Khansa, all minors, and were reportedly arrested on 7 June
          1999 at El Aaiun, in Western Sahara, for being tattooed with symbols of support
          for the Polisario Front independence movement. They were allegedly ill—treated
          at the time of their arrest and then taken to a secret place.
        
          
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          787. On 5 October 1999, the Special Rapporteur sent an urgent appeal on behalf
          of demonstrators, mainly students of Sahaouri origin, reported to have been
          arrested at Laayoune, in Western Sahara. On 22 September 1999, the police are
          said to have violently dispersed a sit-in organized by the Sahaouri students who
          were asking for financial assistance from the Government to enable them to
          study. Dozens of students were allegedly struck and several of them, including
          three women, had to be hospitalized with broken ribs and head wounds. Dozens of
          others are said to have been arrested. On 27 Septer er 1999, a hundred or so
          demonstrators protesting against the way in which the students had been
          dispersed on 22 September and demanding that those responsible be brought to
          account were reportedly arrested in their turn. Following further
          demonstrations, many people were apparently released.
          788. By a letter dated 13 Decer er 1999, the Government replied to this urgent
          appeal, indicating that the judicial police of Laayoune had drawn up a number of
          reports on offenders who had taken advantage of the organization of a sit—in by
          the students on the public highway to foment disturbances, which had caused
          material damage. These individuals, caught in the act, had been brought before
          the Court of Appeal in Laayoune for theft and the destruction of property and
          documents. According to the Government, on 8 October 1999, the criminal division
          found them guilty and handed down sentences varying from 10 to 15 years
          imprisonment. This judgment had been appealed before the Supreme Court. Other
          individuals found guilty of theft, insulting a police officer and the use of
          violence were given suspended sentences ranging from one month to one year. In
          addition, the juvenile magistrate had placed three minors in child protection
          centres at Agadir and Benslimane.
          Observations
          789. The Special Rapporteur draws attention to and shares the concerns raised
          by the Human Rights Committee in its conclusions and recommendations on the
          review of the country's periodic report under the International Covenant on
          Civil and Political Rights, in respect of “the number of allegations of torture
          and ill—treatment of detainees by police officials [ which] have been dealt with,
          if at all, only by disciplinary action and not by the imposition of criminal
          sanctions on those responsible for such violations” (CCPR/C/79/Add.113,
          para. 16) . The Corimittee against Torture has expressed similar concern (A/54/44,
          para. 195)
          My a nm a r
          UrQent a inieals and replies received
          790. On 28 July 1999, the Special Rapporteur sent a joint urgent appeal with
          the Special Rapporteur on the promotion and protection of the right to freedom
          of opinion and expression on behalf of Thaint Wunna Khin, aged 3, Ma Khin Khin
          Leh, U Aye Swe, Daw Tin Tin, Kyaw Kyaw Oo, U Zaw Myin, Daw Tint Tint, Ko Zaw Zaw
          Latt, U Ba Chit, U Ye Tint, U Win Myint, Dr. Shwe Bo, Ma Thida Htway, Ko Lwin
          Moe Myint, Ko Myint Oo, Ko Ah Thay Lay, Ko Hla Win, and two unnamed female
          physicians, who had reportedly been arrested between 19 and 23 July 1999 in
          Pegu, central Myanmar. Most were allegedly arrested because of their involvement
          in a march which was planned on 19 July 1999, the 52nd anniversary of the
          assassination of General Aung San. Military Intelligence (MI) reportedly looked
          for Kyaw Wunna, one of the activists organizing the march, and when they did not
          find him, arrested his 3-year-old daughter, Thaint Wunna Khin, and his wife, Ma
        
          
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          Khin Khin Leh, on 19 July 1999. Six more members of Kyaw Wunna's family were
          allegedly arrested on 23 July 1999. The remaining 11 people, who were reportedly
          distributing pamphlets, were arrested between 19 and 24 July 1999.
          791. By letter dated 11 August 1999, the Government replied that the
          allegations were untrue, and questioned the sources of information. It further
          replied that some of the individuals had been called in for questioning by the
          authorities in Bago on 17 July 1999 in connection with the discovery of
          pamphlets, printed by the outlawed All Burma Students Democratic Front (ABSDF)
          armed terrorist group, calling for civil unrest at the residence of Kyaw Wunna
          and in other places, as well as for their involvement with ABSDF. The Government
          stated that it is against the law to be involved with armed terrorist groups.
          Follow—un to previously transmitted corimunications
          792. By letter dated 22 December 1998, the Government responded to a number of
          cases sent by the Special Rapporteur on 29 September 1998 (see E/CN.4/1999/61,
          para. 490 and following)
          793. Concerning James Leander Nichols (ibid., para. 491), the Government
          indicated that he had been well looked after and had been given full and proper
          medical treatment while in detention at the Insein Jail and that he died of
          natural cause at the Yangon General Hospital on 22 June 1996. The Government
          recalled that he had a long history of serious health problems, including high
          blood pressure, an ear ailment, glaucoma in the right eye and diabetes. On
          22 June 1996, he suddenly collapsed and lost consciousness and was transferred
          to the hospital. An autopsy established that the cause of his death was cardiac
          disease.
          794. Concerning Zai Nyunt (ibid., para. 494), as well as Zarae Wan Na, Mu
          Ling, Pu Zan Da, Ar Law Ka, Ai Long and Zai Saw (ibid., para. 498) and Loong
          Awng La, Pa Leng and Nang Nu Ham (ibid., para. 500), the Government indicated
          that the allegations were unfounded.
          795. On 2 February 1999, the Government sent an information note concerning
          U Ohn Myint. The Government indicated that out of consideration for his age and
          respect for his family, he had been granted a pardon and released from prison on
          20 January 1999. The Government indicated that he was a member of the National
          League for Democracy and had been sentenced on 28 April 1998 to seven years'
          imprisonment after he was found guilty of working with underground organizations
          and attempting to create misunderstandings between the Government and ethnic
          groups.
          796. On 11 February 1999, the Government sent an information sheet concerning
          Dr. Thida Ma Thida (f) who had been pardoned and released from prison on
          11 February 1999. The Government informed the Special Rapporteur that she had
          been sentenced on 15 October 1993 to a total of 20 years' imprisonment after
          having been found guilty of illegal distribution of materials published by armed
          terrorist groups and unlawful organizations.
        
          
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          Namibia
          UrQent a inieals and replies received
          797. On 13 August 1999, the Special Rapporteur sent an urgent appeal on behalf
          of Joseph Muchali, Gabriel Mwilima, Godfrey Mwilima, Alen Sameja, Albert Sibea,
          Martin Sichimwa Mutar a, Bolen Mwilima, Stephen Ntelamo, Cassius Mwala Mutame,
          Nicky Simasiku Mutame and an estimated 500 Caprivians who had allegedly been
          arrested following a declaration of a state of emergency in the Caprivi strip in
          the aftermath of an armed attack in the main town of Katima Mulilo by a group
          linked to the secessionist movement led by exiled Mishake Muyongo. Gabriel
          Mwilima and Joseph Muchali, human rights monitors for Namibia's National Society
          for Human Rights, were reportedly arrested on 4 August 1999 by mer ers of the
          Namibian security forces. Mwilima was allegedly assaulted at the time of his
          arrest with the butts of guns by a group of Namibian Defence Force (NDF)
          mer ers. Godrey Mwilima, a former opposition parliamentarian, was reportedly
          arrested on 4 August and assaulted with the butts of guns by NDF members. He was
          reported to have suffered a broken jaw. Alen Sameja, who was attached to the
          Caprivi Regional Governor's office, was allegedly arrested in Katima Mulilo on
          2 August 1999 and was subsequently admitted to the State Hospital with serious
          injuries, including a broken back. Albert Sibea and Martin Sichimwa Mutamba,
          both teachers in Katima Mulilo, were allegedly arrested on 7 August 1999 at
          Ongwediva. Bolen Mwilima, a teacher in Katima Mulilo, was arrested on 2 August,
          along with four young men. Stephen Ntelamo, a teacher at Masida School, was
          allegedly arrested on 4 August 1999. Cassius Mwala Mutame and his younger
          brother, Nicky Simasiku Mutame, both students, were reportedly arrested at the
          Caprivi Senior Secondary School on 6 August 1999. The whereabouts of all the
          above—named persons was unknown. At least 500 Caprivians have reportedly been
          arrested following the declaration of a state of emergency. The majority of the
          detainees are reported to be human rights activists, teachers, civil servants,
          schoolchildren and opposition politicians. The current whereabouts of these
          detainees was also unknown.
          Nepal
          ReQular communications and replies received
          798. By letter dated 29 November 1999, the Special Rapporteur advised the
          Government that he had received information according to which since the
          “intensified security mobilization” operation in several districts in the Mid
          Western, Western and Central regions launched in May 1998, political detainees,
          in particular (armed) members of the Communist Party of Nepal (CPN) (Maoist)
          have been subjected to torture, which is said to be widely used in police
          custody during periods of incommunicado detention to intimidate or punish
          political detainees and to extract confessions. Torture methods allegedly
          include severe beatings with bamboo stick ( falanQa) , rolling weighted bar oo
          sticks along a prisoner's thighs ( belana ) and simultaneous boxing on the ears
          ( tele hono ) . Women have allegedly been subjected to rape.
          799. Torture victims or their relatives can make claims for compensation under
          the Torture Compensation Act, enacted by Parliament in October 1996. Twelve
          people reportedly made claims during 1998. Six were later said to have withdrawn
          their cases, allegedly because of intimidation and fear for their safety. At the
          beginning of March 1999, no one had been granted compensation under the Torture
          Compensation Act.
        
          
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          800. The Special Rapporteur has transmitted information that on 13 July 1998 a
          group of 20 armed police raided a house in Lalitpur district, Central region
          where 11 armed Maoist members were reportedly staying. One man and two women
          were reportedly killed during the police action and the remaining eight people -
          five men and three young women aged 19, 16 and 15 — were kept at the house for
          two days, tied together with ropes. On two occasions the women were stripped
          naked and allegedly brought out of the house and beaten by police with rifle
          butts on their backs and on the soles of their feet. The police officers are
          said to have threatened to shoot them if they did not have sexual intercourse
          with them. One of the women was allegedly repeatedly raped. On 17 July, the
          three women were transferred to Lalitpur district police office at Jawalakhel.
          On 15 August 1998, they were reportedly transferred to jail in Kathmandu, where
          they were awaiting trial on charges of subversion and illegal possession of
          weapons.
          801. The Special Rapporteur also transmitted the following individual cases.
          802. Suk Bahadur Lama, Han Bahadur Lama and Dinesh Thapa were reportedly
          arrested by Dumkibaas Ilaka area police on 3 August 1999 on suspicion of having
          stolen money, and were severely beaten. They were then reportedly taken to the
          Kawasoti Ilaka police station on 4 August 1999, where Suk Bahadur Lama was
          allegedly beaten with a bar oo stick, and denied food during the six following
          days. He was reportedly transferred to Kali Gandaki hospital on 9 August 1999.
          He reportedly had wounds on the soles of his feet which seemed to have resulted
          from burns and beatings. After four days, his condition deteriorated to the
          point that he was reportedly admitted to Bir Hospital, where he received medical
          treatment for pains in the abdomen, bleeding and bruises to his legs and feet,
          and later internal bleeding. He reportedly died on 15 August. According to the
          report of a cost mortem examination performed on 16 August, he reportedly had
          multiple burn injuries on both feet, cauterized abrasions on the upper back of
          the trunk and subcutaneous and intramuscular contusions on his whole back and
          the sides of his trunk. Han Bahadur Lama and Dinesh Thapa were also allegedly
          severely beaten for seven days, and taken to Kali Gandaki hospital for
          treatment. Both men were reportedly still detained and have been charged with
          fraud. Following the death of Suk Bahadur Lama, eight police personnel were
          suspended. A committee was formed by the Home Ministry to investigate the matter
          and a report was compiled, the findings of which are said not to have been made
          public. Furthermore, the Home Ministry has reportedly initiated murder
          proceedings against the eight police officers alleged to be responsible and to
          have made a decision to pay compensation to the family. The officers have
          reportedly been released on bail pending the next hearing.
          803. The Government replied on 15 December 1999 that Dinesh Thapa, Han
          Bahadur Lama and Suk Bahadur Ale (instead of Suk Bahadur Lama) were brought to
          the local police office in Dhumkibas on 5 August 1999 in relation to a theft the
          day before and interrogated before being taken into custody by the local police
          office in Nawalpur. Thereafter, the Government replied that Suk Bahadur Ale
          became ill and was sent first to the Kali Gandaki Hospital, Kawasoti, and then
          the Bir Hospital in Kathmandu, where, while being treated, he died on 15 August.
          In the course of a preliminary investigation, the Government stated that it
          became evident that he had been treated in a heavy handed manner in custody and
          some officers, including the Police Inspector, were irimediately suspended. A
          further investigation was commenced on 16 August 1999 under the coordination of
          the Joint Secretary of the Ministry of Home Affairs and the three—mer er panel
          submitted a report after conducting a detailed investigation, which led to
        
          
          E/CN. 4/2000/9
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          departmental action against the police officers involved in his mistreatment.
          The Government also indicated that a cost mortem examination was conducted which
          revealed various injuries as the cause of his death. The Government stated that
          the family of the deceased have been given 50,000 rupees on behalf of the
          Government and that a case is continuing in the local court in connection with
          his death.
          804. Om Prakash Dahal was reportedly arrested by the police in Itahari in
          December 1998 and is said to have been kept in custody for one month. He was
          allegedly beaten and kicked, in particular on the soles of his feet, hung from
          the ceiling with ropes tied around to his wrists for three or four hours for two
          consecutive days, threatened with being killed, and subjected to verbal sexual
          humiliation. He has reportedly been charged with illegal possession of a firearm
          which was allegedly found on him at the time of arrest.
          805. Damaru Yadav, aged 9, and Ram Dcv Yadav, aged 12, were reportedly beaten
          with sticks, in particular on the soles of their feet, on their legs and thighs,
          by security personnel of the park of Sirpur where they were bathing and their
          cattle were grazing on 24 May 1999. Both are reported to have psychological
          problems as a result of the alleged beatings.
          806. Dcvi Khadka was reportedly arrested on 25 October 1997 and taken to the
          Delakha district police station, where she was allegedly severely beaten with
          bar oo sticks and kicked. Over a period of eight nights she was allegedly raped
          by the inspector in charge of the police station and other officers. In response
          to hearing that a group of human rights activists was going to visit the Delakha
          district police station, she was reportedly moved to the Dhulikhel district
          police station on 1 November 1997. There, she was allegedly raped again. When,
          on 3 November, she refused to sign a paper to say she was prepared to receive
          the dead body of her brother, a police constable and his colleagues allegedly
          took her to the forest and raped her. On 10 November, when the authorities heard
          news that human rights activists were again attempting to visit her, she was
          transferred to Charikot jail. She was eventually released by a court order on
          10 February 1998. She had allegedly been arrested because of one of her brothers
          was suspected of being a member of the Corimunist Party of Nepal (CPN)
          807. Santa Dong Lama, Sanumaya Waiba, aged 15, and Dolma Lama, aged 16, were
          reportedly among seven persons detained by policemen during a raid in Thulo
          Durlung Village Development Committee (VDC) on 13 July 1998. They were all
          suspected of being members of the CPN. Three persons were allegedly shot dead at
          the time of arrest. The seven detainees were allegedly kept in a house for two
          days, tied together with a rope. The three above—mentioned women were allegedly
          stripped naked and brought out of the house on two occasions, when they were
          allegedly beaten with rifle butts on their backs and the soles of their feet.
          They were allegedly raped. On 16 July, all were reportedly transferred to
          Godikhel police station. The three women were allegedly beaten with a belt while
          they were questioned about the whereabouts of certain people. On 17 July, they
          were reportedly transferred to Lalitpur district police office at Jawalakhel and
          held there until 15 August, when they were reportedly transferred to Dillibazar
          Jail in Kathmandu. They have reportedly been charged with illegal possession of
          weapons and subversion.
          808. The Special Rapporteur has transmitted information according to which
          25 persons were arrested in June 1998 in connection with the killing of Ujjwal
          Kuamr Shrestha, a shopkeeper from Pokali VDC. Nine were reportedly released,
        
          
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          but 16 were charged in connection with the murder. Eleven of those charged were
          released on bail, but the five men named below were reportedly remanded to the
          district prison to await trial. All five were allegedly severely tortured during
          their incommunicado detention at the Okhaldhunga district police station, which
          is said to have lasted for between 30 and 42 days. They were all accused of
          being mer ers of the Corimunist Party of Nepal - United Marxist Leninist (CPN-
          UML) , which is believed to be one of the reasons they were allegedly tortured.
          They were reportedly made to sign blank pieces of paper. Police allegedly forged
          documents which they presented to the court in order to show that all had been
          arrested pursuant to an arrest warrant and had been taken to court within
          24 hours of arrest, as required by the Constitution.
          809. Thala Bahadur Poudel, an elected member of the Tar Kerabari VDC village
          council representing the CPN—UML, was reportedly arrested on 9 July 1998 and
          taken to the Biratnagar police office. Later, he was reportedly transferred to
          the Okhaldhunga police station, where he was allegedly severely beaten, in
          particular on the soles of his feet. He was allegedly made to stand against a
          wall with his legs stretched apart while police officers beat him on his chest
          and head. He was allegedly tied to the door handle with only his underwear on,
          and made to stand in the same posture for five days and nights.
          810. Parbat Raj Bhattarai was reportedly arrested on 26 June 1998 and detained
          in three village police stations before he was finally taken to the Okhaldhunga
          police station, where he was reportedly held for 40 days. He was allegedly made
          to lie on the floor face down while the police beat him on the soles of the
          feet, buttocks and hands with hard plastic pipes. He was also allegedly made to
          stay in a “chicken” position, i.e., crouching with his arms tied behind his back
          with a bamboo stick placed over his thighs on which two policemen applied
          pressure at either end. He was allegedly beaten with wet nettles for one day. He
          was reportedly tied to the door handle and made to stand in the same posture for
          five days and nights. He was reportedly transferred to prison on 11 August 1998
          by court order.
          811. Ram Bahadur Shrestha was reportedly arrested on 26 June 1998 and taken to
          the Okhaldhunga district police office on suspicion of murder. He was allegedly
          forced to jump up and down after having been beaten on the soles of his feet
          with hard plastic pipes. He was also allegedly subjected to tele hono and to the
          “chicken” position, and threatened with being killed.
          812. Thir Bahadur Poudel Khatri, a CPN member, was reportedly arrested on
          26 June 1998 and taken to the Okhaldhunga police station, where he was allegedly
          severely beaten on the soles of his feet with hard plastic pipes. He was
          allegedly made to lie face down and was pushed hard on the chest and head as he
          was forced to stretch his legs apart. He was also allegedly beaten on the face
          and buttocks. He was also allegedly beaten with wet nettles for one day. He was
          allegedly made to walk in the “chicken” position and was threatened with death.
          He was transferred to prison on 11 August 1998.
          813. Dor Bahadur Poudel, an elected member of the Tar Kerabari VDC village
          council representing the CPN—UML, was reportedly arrested in June 1998 and taken
          to the Okhaldhunga district police office, where he was kept, mostly
          blindfolded, for 42 days. He was allegedly subjected to falanQa for two hours
          every day and to tele hono . He was also allegedly subjected to che uwa , i.e.,
          very tight clamping of the thighs or legs with bamboo sticks or similar objects,
        
          
          E/CN. 4/2000/9
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          allegedly causing severe pain. When he fell unconscious, he was allegedly laid
          down and water was poured over his mouth and nose.
          814. By the same letter, the Special Rapporteur reminded the Government of a
          nur er of cases transmitted in 1997 and 1998 regarding which no reply had been
          received.
          UrQent a inieals and replies received
          815. On 28 January 1999, the Special Rapporteur sent an urgent appeal on
          behalf of Banu Sharma, a member of the Dang District Committee of the Forum for
          Protection of Human Rights and a mer er of the People's Rights Concern Movement.
          He had reportedly been held in incorimunicado detention at the Police Training
          Centre in Maharjgunj, Kathmandu since 5 January 1999. A writ of habeas corpus
          had reportedly been filed in the Supreme Court on 13 January. A new urgent
          appeal was sent on his behalf jointly with the Chairman of the Working Group on
          Enforced or Involuntary Disappearances on 4 February 1999. The Government
          replied on 17 February 1999 that he had been engaged in Maoist activities as a
          mer er of the Dang District “United People's Front” organization, which is said
          to be a faction of the CNP (Maoist) , and had gone underground voluntarily. The
          Government stated that he was not arrested by the police but had surrendered to
          the District Administration Office on 8 February 1999 after resigning from the
          above—named organization, with which he had differences. The Government
          transmitted the text of a letter written by him to the District Administration
          Office the day he surrendered, containing information on his involvement with
          that organization.
          816. On 3 February 1999, the Special Rapporteur sent an urgent appeal jointly
          with the Chairman of the Working Group on Enforced or Involuntary Disappearances
          on behalf of Rajendra Dhakal, Chairman of the Gorkha District Bar Association
          and member of the Forum for the Protection of Human Rights, who had reportedly
          been arrested on 8 January 1999 in Jamdi of Kharenitar VDC and who had last been
          seen at the Eel Chautara area police station. On 21 January, a petition had
          reportedly been filed in the Supreme Court urging that he be produced in court.
          817. On 19 February 1999, the Special Rapporteur sent an urgent appeal on
          behalf of Sahadev Jung Shah,the chairman of the Jajarkot district bar
          association and president of the People's Rights Concern Movement, Jajarkot, and
          Shiva Prasad Sharma, a librarian at the Eheri Gyanodaya campus, Jajarkot. They
          had reportedly been arrested on 12 January 1999 and had since then been detained
          incommunicado at Jajarkot district jail. They had allegedly been tortured in
          police custody during interrogation. They had been arrested on suspicion of
          involvement in the CPN (Maoist) “people's war”. Habeas corpus writs had
          reportedly been filed by their legal representatives in the Supreme Court. The
          Government replied on 11 March 1999 that the two men were detained by the
          District Administration Office, Jajarkot, under the Public Security, Act due to
          their involvement in activities disturbing the peace and security, and to
          prevent them from undertaking similar activities again. The Government replied
          that during their detention, they have not been subject to any sort of ill-
          treatment by police personnel.
          818. On 20 August 1999, the Special Rapporteur sent an urgent appeal on behalf
          of Han Prasad Chaulagain, who had been arrested without warrant by police on
          27 July 1999 on suspicion of being involved in an assault by members of the CPN
          on a group of policemen in the Kavre district, in Kathmandu. He was reportedly
        
          
          E/CN. 4/2000/9
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          initially taken to the Dolakha district police office and then to the Mahendra
          Police Club in Kathmandu, where he was beaten. On 28 July he was reportedly
          transferred to the Police Academy in Maharajgunj, where he was tortured and kept
          in a bunker for several hours. He was then reportedly taken back to the Mahendra
          Police Club, where he was detained until 2 August and then transferred again to
          the district police office in Kavre district, where he was held in incorimunicado
          detention.
          819. On 18 October 1999, the Special Rapporteur sent an urgent appeal on
          behalf of Kalpana Subedi (f) , Indra Prasad Dhungel and Yudhasingh Kuwar, who had
          reportedly been re—arrested by police on 24 September 1999, on the premises of a
          court which had just ordered their release. They had been detained since
          14 March 1999 in Birgunj jail, Parsa district, under the Public Security Act.
          The three have reportedly been transferred to the district police office in
          Sindhuli, but the police there have reportedly denied having them in custody.
          820. The Government replied on 14 December 1999 that Kalpana Subedi and Indra
          Prasad Dhungel had been detained in Birganj jail, while Yudhasingh Kuwar had
          been detained in the Sindhuli district jail, all under the Public Security Act.
          The Government denied that any of the individuals had been subjected to torture.
          821. On 7 December 1999, the Special Rapporteur sent an urgent appeal on
          behalf of Bishnu Pukar Shrestha, a secondary school teacher and a qualified
          lawyer who is also a mer er of the Nepal Bar Association and the People's Rights
          Concern Movement (PRCM) , a human rights organization. He is said to have taken
          part in fact—finding missions to investigate reports of human rights violations
          in the context of the so—called Maoist “people's war”. He was reportedly
          arrested by six plain—clothes police officers on 2 Septer er 1999 at Satumangal,
          Kathmandu. He was said to be held in unacknowledged detention at the Maharajgunj
          Police Training Academy, Kathmandu, an unofficial place of detention. In a
          hearing in the Supreme Court in response to a writ of habeas corpus filed by his
          relatives, the authorities reportedly denied that he had been taken into
          custody.
          Ni Qer
          ReQular communications and replies received
          822. By a letter dated 3 Septer er 1999, the Special Rapporteur drew the
          attention of the Government to a series of cases transmitted in 1997 with
          respect to which no reply had been received.
          Pakistan
          ReQular communications and replies received
          823. By letter dated 17 November 1999, the Special Rapporteur informed the
          Government that he continued to receive numerous reports that the use of torture
          is widespread and routine and that police routinely use force to coerce
          confessions. Common torture methods reported include: beating, burning with
          cigarettes, whipping the soles of the feet, sexual assault, prolonged isolation,
          electric shock, denial of food or sleep, hanging upside down, forced spreading
          of the legs with bar fetters, and public humiliation. Around 80 people are
          reported to have died in police custody in 1998. The Special Rapporteur has also
          received numerous reports that women and children are subjected to sexual abuse,
        
          
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          including rape, while in detention. Police and prison officials are reported to
          use the threat of abuse to extort money from prisoners and their families.
          Flogging sentences reportedly continued to be imposed for offences tried under
          Islamic law. Despite assurances from members of the Pakistani delegation to the
          Corimission on Human Rights that the use of bar fetters in prisons has been
          discontinued, as recommended by the Special Rapporteur in his report on his
          mission to Pakistan (E/CN.4/1997/7/Add.2) , the Special Rapporteur has received
          information according to which the use of bar fetters is still permitted under
          the law and has accordingly continued.
          824. The Special Rapporteur has transmitted information on the following
          individual cases.
          825. Gul Khan was reportedly arrested on robbery charges on 1 April 1998 in
          Multan. He was allegedly tortured and denied food for 10 days. On 11 April he
          was reportedly taken to a health care centre, which certified that he was in
          good health, reportedly under pressure from the police. When he was admitted to
          the hospital the same day he vomited blood. On 12 April a judicial magistrate
          signed his discharge certificate while ignoring his critical condition. He
          reportedly died the same day.
          826. Ghulam Jilani, aged 14, was allegedly arrested by police in Mansehra on
          12 May 1998 on theft charges. The boy was pronounced dead a few hours later at
          the Mansehra hospital. The police alleged that the victim had tried to hang
          himself, but the autopsy report showed that he died of head injuries and that
          his body bore marks of torture. He was also allegedly sexually abused.
          827. Awais Akram, a bank teller, was allegedly tortured severely and pushed
          from the roof of the Civil Lines police station in Lahore on 15 March 1998.
          828. Arbab Yousah, the son of a Pakistan People's Party supported candidate in
          local government elections in Punjab was allegedly tortured to death on 11 May
          1998 by three police officers. He had reportedly been arrested on 4 May on
          charges of robbery brought by the local ruling Pakistan Muslim League candidate.
          829. Razia Bibi was allegedly gang raped in the Model Town police station in
          Gujranwala. She was subsequently charged under the Hudood Ordinance for
          adultery.
          830. Sattar Baloch was reportedly arrested fom his home on 30 January 1999 on
          charges of drug peddling, bank robbery and terrorist activity. The next day he
          was reported to have been killed in a police encounter. The autopsy disclosed
          torture marks on his body and fractures to his hands and legs.
          831. Gul Muhammad was allegedly arrested by the personnel of Section A
          Latifabad police station in Hyderabad on 16 February 1999 in connection with the
          murder of a watchman. When he was unable to pay a bribe to a policeman, he was
          allegedly beaten to death. He reportedly died in police custody on 25 February
          1999.
          832. Jamil Ahmed was allegedly arrested on 23 February 1999 in Karachi by
          uniformed and plain—clothed police of the Asizabad police station. He was
          allegedly kicked and beaten by the police at the time of his arrest. In custody
          he was allegedly injected with petrol and hung upside down for several hours. He
          was reportedly taken to the Karachi Civil Hospital on 11 March 1999, where he
        
          
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          died as the result of renal failure. Doctors are reported to have noted visible
          signs of injection on his arms.
          833. Arman Danish was reportedly arrested by police officers from Jauharabad
          police station in Karachi on 16 January 1999. His family was reportedly
          threatened that he would be severely tortured if they did not pay a bribe for
          his release. He was allegedly hung upside down for several hours and
          consequently suffered from renal failure and damaged lungs. As his condition
          began to deteriorate, he was reportedly handed over to his family in a very
          critical condition. He was allegedly taken to Ziauddin Hospital where he was
          reportedly admitted to the intensive care unit. He died from his injuries on
          28 January 1999.
          834. Shoaib Bukhari, the Muttahida Quami Movement (MQM) Deputy Parliamentary
          Leader in the Provincial Asser ly of Sindh, was reportedly arrested on
          21 November 1998 during a night raid at the head office of the MQM in Karachi,
          along with Wake d Ahmed Jamali, a MQM legislator. During his time in the custody
          of the police, he was allegedly hung upside down for prolonged periods of up to
          31 hours, allegedly to force him to make confessions. He has reportedly been
          sent to the Military Court to be tried for having had the intention of
          corimitting terrorist acts.
          835. Rizwan Qureshi and Saeed Qureshi, both cousins of Altaf Hussain, the
          founder and leader of the MQM, are said to have been arrested by the Crime
          Investigation Agency (CIA) and the Khawaja Ajmair Nagri police, on 1 February
          1999. While in custody, they were allegedly stripped naked, hung upside down and
          hit on the back with a leather belt. The soles of their feet were also allegedly
          repeatedly hit by rods and leather whips that caused intense swelling. Twelve
          hours later, they were reportedly released and admitted to a hospital, bearing
          marks of torture.
          836. By the same letter, the Special Rapporteur reminded the Government of a
          nur er of cases transmitted in 1994, 1995, 1996, 1997 and 1998 regarding which
          no reply had been received.
          UrQent a inieals and replies received
          837. On 12 May 1999, the Special Rapporteur sent a joint urgent appeal with
          the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions on
          behalf of Rashid Hussain, Abid Hussain, Khalid Hussain, Shahid Hussain and Asif
          Hussain. Rashid Hussain, a MQM worker, had reportedly been detained without
          warrant at his residence on 12 May 1999 by police officers of the New Karachi
          Police Station. His four brothers were later also detained by police officers.
          They were allegedly being held at the New Karachi Police Station.
          Observations
          838. The Special Rapporteur regrets that the Government has still not provided
          any information by way of follow—up to the report on his 1996 visit and the
          recommendations it contained.
        
          
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          Peru
          ReQular communications and replies received
          839. By letter dated 12 October 1999, the Special Rapporteur informed the
          Government that he had received information concerning living conditions in
          prison, according to which there were serious shortcomings in the care provided
          for inmates. Moreover, conditions were said to have become harsher following the
          adoption of national security legislation by the Government in May 1998 under
          Legislative Decrees Nos 895 and 897. These decrees had reportedly abolished all
          the prison benefits established by the Penal Code and the Penal Enforcement Code
          for those awaiting trial for and convicted of aggravated terrorism, as well as
          for the perpetrators and co—perpetrators of aggravated offences (aggravated
          homicide, abduction, rape of a minor, theft, aggravated theft and extortion)
          According to the information received concerning this legislation, sentences
          imposed for these offences will have to be served in maximum security centres
          and, moreover, in the case of aggravated terrorism, the prisoner will be kept in
          continuous solitary confinement during the first year of his sentence. Supreme
          Decree No. 007—98—JUS amending the regulations on the living conditions and
          progressivity of treatment of refractory prisoners awaiting trial or serving
          their sentences was reported to have been published. This measure would, it
          seems, introduce a new phase into the regime imposed on these prisoners. During
          this phase they would be subjected to a year of absolute restriction on social
          contacts.
          840. The Rapporteur received information of special concern in relation to
          certain prison centres. Challapalca Penitentiary, which is situated between the
          departments of Tacna and Puno at an altitude of around 4,600 m above sea level,
          is reportedly being used as a punishment centre for prisoners considered to be
          refractory. It is alleged that in this centre prisoners are not allowed to do
          any work or, for example, to read magazines and books or use other media. The
          isolation is made worse by the inaccessibility of the centre for their families,
          not only because of its remoteness but also because of the high altitude and
          associated health problems. There have been complaints that inmates have been
          ill—treated by one of the prison officials. At the same time, the naval base at
          Callao is reported to house the principal leaders of the revolutionary movements
          Tupac Amaru (MRTA) and Sendero Luminoso under inhuman conditions. The inmates
          are said to be practically sealed off in one—man cells with a small opening in
          the door which is only opened to bring in food. Visits are understood to be
          allowed only once a month and restricted to the immediate family and there
          appears to be no access to the media. The situation in other prison centres has
          also claimed the attention of the Special Rapporteur, mainly because of apparent
          sanitary and dietary shortcomings, unhealthy conditions, lack of legal
          assistance for the inmates, overcrowding, subjective assessment of the prisoners
          and rigid visiting systems. Moreover, there are reports of cases of abuse and
          corruption on the part of staff of the National Prison Institute (INPE) . The
          Rapporteur has been told that such situations exist in the following centres:
          Castro prison, Chorrillos women's prison, Luigancho prison, Quencoro (Cusco)
          prison, the Santa Barbara (Callao) detention centre, and Piura and Tumbes
          prisons.
          841. With regard to compulsory military service, the Rapporteur has received
          numerous complaints about the alleged ill—treatment and torture of young men,
          both during “levies” (compulsory recruitment system) and during their period of
          service, despite these being military offences. According to the information
        
          
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          received, the Ministry of Defence has been sheltering those responsible and the
          Congress has not properly performed its supervisory role. It is claimed that the
          public prosecutor's inquiries have failed to identify the culprits and the
          military courts have not properly ensured an impartial investigation.
          842. The Special Rapporteur transmitted information concerning the following
          individual cases.
          843. Lucas Huamán Cruz and Zózimo Lunasco Taype were taken to the Peru de San
          Francisco national police commissariat (La Mar, Ayacucho) on 1 Septer er 1998.
          There, NCO Third Class Augusto Raymundo Gutiérrez Rivero is reported to have
          taken charge of the case. It appears that Lucas Huamán and Zózimo Lunasco were
          led into the inner courtyard of the police station where they were interrogated
          and brutally beaten by the police in order to make them accept responsibility
          for the theft of which they were accused. They were reportedly released that
          evening and Lucas Huamán died the next day after suffering severe pains. An
          autopsy performed at the Pichari medical centre is said to have revealed clear
          signs of injuries. On 15 Decer er 1998, the court of San Miguel reportedly
          issued an arrest warrant against Augusto Gutiérrez Rivero and ordered that the
          records concerning the injuries suffered by Zózimo Lunasco be handed over to the
          Public Prosecutor for an opinion.
          844. Carlos Orellana Mallqui is reported to have gone out on 11 December 1998.
          The next day, when he failed to return, his partner went to look for him. At the
          police station, he was told by a police officer that he should go to the
          hospital since there had been a shooting during the night. On arriving at the
          hospital, he found his partner in an intensive care unit in a coma. According to
          the specialists and nurses, when Carlos Orellana , a teacher, was admitted to
          the hospital in the early morning, he complained about the police who had
          brought him, saying “now they're not hitting me”. Carlos Orellana is said to
          have had a gunshot wound in the head and died on 13 January. In connection with
          this case, PNP NCO Third Class Joel Sanchez Patricio is reported to have been
          dismissed under an administrative procedure. Criminal proceedings have
          apparently also been instituted against him for homicide by injury.
          845. Wilmer Sanchez Silva is reported to have been arrested by the police on
          21 February in Bagua Grande, Utcubar a Province, Department of Amazonas. It is
          alleged that during his detention he was tortured. Following a complaint by his
          relatives, a dossier was opened. The Bagua Grande Health Centre is said to have
          diagnosed extensive bruising and multiple abrasions. According to an
          administrative investigation carried out in Police District 13, Wilmer Sanchez
          Silva did not suffer physical or psychological torture during the investigation
          process and “the injuries to his face and part of his body and wrists are the
          result of the knocks he took on the day of his arrest due to his falling on
          several occasions when trying to escape”. No judicial investigation appears to
          have been carried out.
          846. After being arrested on 18 May 1998, Luis Omar Cruz Fano was reportedly
          taken to an empty room on the second floor of the Aucayacu police station by
          police officers Rodolfo Chichón Ricra and Fredy Rincón Garay. For half an hour,
          he was allegedly hit in the stomach and thrown violently to the floor while
          being questioned about a firearm he was said to possess. On 19 May, Rodolfo
          Chichón Ricra reportedly took him to the second—floor bathroom where the police
          officers Abelardo Tipismana Espino and Fredy Rincón Garay, together with four
          other unidentified persons, were waiting for him. They are alleged to have
        
          
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          blindfolded him, made him lie down on a mattress and tied him up in it. Then
          they allegedly put his head in a bathtub and beat the back of his neck.
          According to the medical certificate, Luis Omar Cruz suffered various injuries,
          the final diagnosis being minor traumatism with the recorimendation that he have
          one day's rest and two days of treatment.
          847. Armando Alex Bedón Huamancóndor and his friend Max are reported to have
          been stopped by two officers of the Highway Division of the Peruvian National
          Police, Sur de Tacna Region (highway police) , PNP NCO Fredy Delgado Berrios and
          PNP NCO Antonio Panuera Diaz, in the Yarada area on the outskirts of Tacna. It
          appears that the driver of the vehicle was not arrested after paying the
          policemen a certain sum of money. Armando Alex Bedón and his friend Max were
          allegedly taken to some farm buildings where the police officers are said to
          have tried to strip them and then struck them with revolvers, punched and kicked
          them. After losing consciousness, they were reportedly taken to the Hipólito
          Unanue Hospital in Tacna. The police are alleged to have then left Armando Alex
          Bedón on the outskirts of the town. The official medical certificate apparently
          confirmed numerous injuries to the body of Armando Alex Bedón. A complaint is
          said to have been lodged and an investigation opened by the Third CorcJDined
          Jurisdiction Provincial Procurator's Office in Tacna for torture with serious
          bodily harm.
          848. Raül Teobaldo Miguel Andahua was reportedly stopped by a man who did not
          identify himself on 18 December 1998 in the town of Aguaytia, Padre Abad
          Province, Department of Ucayali. This man is said to have forced him to get into
          a vehicle and taken him to the Aguaytia navy base. A person unknown had
          apparently accused him of being a subversive. At the base he was allegedly
          brutally beaten by at least eight people who kicked him on the legs, arms,
          stomach, back and head and punched him in the face. He was reportedly subjected
          to psychological torture, with shots being fired close to his ear, which
          apparently injured his hearing. Later, a Navy lieutenant called Lieutenant
          Daniel is alleged to have crushed Raül Miguel Andahua's testicles and pushed a
          stick about 30 cm long up his anus. After that, they are said to have held his
          head under water several times in a bathtub until he fainted. The next day, a
          sailor allegedly applied electric currents to his back to get him to incriminate
          himself as a subversive. One of the sailors whom Raül Miguel Andahua is said to
          have identified as one of those who tried to obtain a self—incriminating
          statement from him was reportedly Petty Officer Julio Espencer Guido Dávalos. On
          23 December 1998, he was reportedly taken to Aguaytia police station and turned
          over to the Anti—Terrorism Department (PNP) at Tingo Maria where he was
          reportedly released after proving his innocence. The medical certificate issued
          by the Tingo Maria Forensic Medicine Division is understood to have established
          that the patient was “psychologically very upset, depressed and humiliated”.
          Various physical injuries extending over his entire body were diagnosed and he
          was found to have “serious TEC, ocular discharge, testiculitis” and “traumatic
          injuries caused by a blunt instrument and maltreatment” . Another medical
          certificate issued following a proctological examination is said to report signs
          of a probable consummated sexual act and, as a consequence, “a recent
          circumstantial anxiety—depressive syndrome” . Raül Teobaldo is reported to have
          lodged a complaint with the Public Prosecutor's Office.
          849. Henry Sócola was allegedly cruelly beaten in October 1998 by the Sub—
          Director of Rio Seco prison, which is reported to have led to his subsequently
          requiring a surgical operation.
        
          
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          850. José Antonio Rojo Sanchez was reportedly doing compulsory military
          service in the Peruvian Army's Grau de Piura barracks when, on 29 August 1998,
          he was admitted to the Cayetano Heredia Hospital in Piura by Captain César
          Carreno Quiche and the nurse Elizandro Mercedos. The doctors are said to have
          found that he was suffering from injuries and cranial encephalic traumatism
          requiring an operation. José Antonio Rojo accused two re—enlisted sergeants, one
          known as Wayere and the other called Cevallos. The Provincial Procurator of the
          Piura First Criminal Procurator's Office is reported to have referred the case
          to the Army's Regional Inspectorate on 16 November 1998.
          851. Ezequiel Agurto Nole is said to have reported voluntarily for duty with
          the Peruvian Air Force (FAP) in 1996 and been assigned to the Talara Air Group
          No. 11. He allegedly disappeared in Septer er 1998. After receiving several
          evasive answers to their inquiries, the relatives were reportedly informed by
          FAP Commander Plascencia that Ezequiel had deserted. It is alleged that at the
          end of 1998 Ezequiel Agurto was taken home by a Mrs Santos and her husband who
          said they had found him very badly wounded and almost unconscious. He is said to
          have told his relatives that he had been constantly ill-treated by Commander
          Plascencia and that, at the time of his disappearance, he had been sexually
          abused by him. He is reported to have said that he had received medical
          attention and that a major called Obregón had allowed him to go home. On
          leaving, he was apparently intercepted by Corimander Plascencia who is alleged to
          have left him in a remote and unfamiliar place, where he was found by Mrs Santos
          and her husband.
          852. Christian Preciado Noe is said to have reported voluntarily for military
          service at the Peruvian Army's Miguel Cortés Barracks in April 1998 and been
          assigned to the army base at Suyo en Sullana. In October 1998, his relatives are
          said to have heard that he had been admitted to Lima Military Hospital. On
          18 December he was transferred to the Miguel Cortés Barracks, where his
          relatives were told to take him away. At first, the family was told that he was
          suffering from stress. Later, he was reportedly said to have been discharged for
          depressive psychosis. Christian Preciado said he had been ill—treated and
          remembered only Sergeant Peralta as one of his attackers.
          853. Henry Francisco Hurtado Diaz is reported to have been compulsorily
          recruited (by “levy”) in Chimbote on 10 October 1998. On 13 December, he was
          taken to the Miguel Cortés Army Barracks at Sullana where, it is alleged, he was
          brutally beaten, suffering damage to his hearing and vision. He reportedly
          accused Major Pasara of the El Rancha First Cavalry Division at Sullana. His
          father is said to have requested his discharge on 30 October because of his poor
          health and the case has apparently been reported to the ChircJiote Social Justice
          Corimission.
          854. Edgard Rosas Platero, Edwing Lupaca Lupaca and Rodolfo Salinas Hurtado,
          aged 16, reportedly tried to commit suicide with rat poison as a result of the
          systematic abuse and ill-treatment to which they were allegedly subjected and
          the difficult and inhuman conditions in which they found themselves after being
          put in a military prison while undergoing the punishment meted out by their
          superiors. According to the Tacna Army detachment and the Chairman of the
          Congressional Abuse of Authority Corimittee, Congressman C90-NM Danaiel Espichán,
          the reasons for the attempted suicide were family problems and indiscipline and
          the accusations of ill—treatment were false. A representative of the Ombudsman's
          Office is reported to have opened an investigation.
        
          
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          855. Francisco Perca Carbajal is reported to have died in the Gregorio
          Albarraci Barracks in Tacna on 19 Nover er 1998 after being hit by a bullet.
          Francisco Perca is said to have repeatedly told his relatives that he was
          constantly being beaten inside the barracks, mentioning soldiers called Huayta
          and Caballero Caballero, who allegedly also threatened to kill him. According to
          an investigation conducted by the office of the Corimander of the Tacna barracks,
          Francisco Perca shot himself. Investigations into the case are reported to have
          been opened by the Tacna Military Procurator's Office and the Tacna Second
          Corcjiined Jurisdiction Provincial Procurator's Office.
          856. Julio César Pinedo Vásquez is said to have reported voluntarily for
          compulsory military service with the Army in Chimbote on 28 Septer er 1998 and
          to have returned home on 21 October 1998. It is alleged that he was ill—treated
          inside the barracks, where an electric current was applied to his head. On
          23 October 1998, he was examined by a psychiatrist who prescribed tranquilizers.
          The Office of the Ombudsman is said to have taken steps to have Julio Pinedo
          medically examined in the city of Trujillo. It appears that the Trujillo
          Provincial Procurator's Office will be in charge of the investigation into the
          alleged ill—treatment.
          Follow—un to previously transmitted corimunications
          857. By letter dated 5 Nover er 1998, the Special Rapporteur reminded the
          Government of a number of cases of torture previously corimunicated by letter
          dated 26 May 1997. The Government replied by letter dated 23 Decer er 1998,
          providing information on the following cases.
          858. Leonor La Rosa Bustamante was reportedly tortured in January and
          February 1997 by the Army Intelligence Service. In a first judgement, four
          officers were convicted. However, in Nover er 1997 two officers were acquitted
          by the Review Court of the Supreme Council of Military Justice (see
          E/CN.4/1999/61, para. 572 and E/CN.4/1998/38/Add.1, para. 311) . The Government
          confirmed the initial conviction of a colonel, a lieutenant colonel and two
          majors and the subsequent review of the case, which maintained the convictions
          of only the lieutenant colonel and an Intelligence major for disobedience and
          abuse of authority. It was also decided to proceed against an infantry colonel
          for the same offences and to acquit the other two accused. In June 1997, for
          humanitarian reasons, the Government of Peru, through the Minister for the
          Advancement of Women and Human Development (PROMUDEH) , offered the victim
          rehabilitation treatment which she accepted in July 1997. This offer was made
          good by paying for physiotherapy and neurological rehabilitation treatment,
          including air tickets and travel expenses.
          859. Carlos Polanco Ramirez was reportedly arrested and tortured on
          28 February 1997 at the Pichanaki military base by personnel belonging to the
          base. It is alleged that he was again tortured after being handed over to the
          Pachacütec Special Commando Company (see E/CN.4/1999/61, para. 575 and
          E/CN.4/1998/38/Add.1, para. 315) . The Government replied that, according to the
          records of the 31st Infantry Division, this person served in Villa Rica and
          Huancayo between 1995 and 1997, joined the ranks and was discharged in June 1997
          from No. 31 Corimunications Company under the normal procedures of the Personnel
          Administration. There were no entries relating to his arrest or complaints of
          ill—treatment.
        
          
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          860. By letters dated 31 August and 23 December 1998, the Government provided
          the Special Rapporteur with the information summarized below concerning the
          following persons.
          861. Aurelio Leyva Barboza was reportedly arrested on 24 February 1997 and
          tortured at the Pichanaki military base (see E/CN.4/1999/61, para. 573)
          According to the Government, he was arrested in Villa Rica, because he was
          intending to lead an attack on the Villa Rica 79th Anti-Subversion Battalion,
          and handed over to the Oxapampa Anti-Terrorism Section (SECOTE) on 26 February
          1997.
          862. Arturo Villaizán Contreras was reportedly arrested on 1 March 1997,
          together with 36 other peasants of La Merced, and tortured at the Pachacütec 31
          military base in Pichanaki by mer ers of army patrols from Pichanaki (see
          E/CN.4/1999/61, para. 574) . According to the Government, this person was
          arrested as a suspected mer er of the terrorist organization Movimiento
          Revolucionario Tüpac Amaru. He was handed over to the Oxapampa SECOTE on 5 March
          1997 and then taken to the National Anti—Terrorism Directorate in Lima. He was
          released on 26 March 1997 and the Congressional Human Rights and Pacification
          Corimission was so informed.
          863. William Teodorico Olivera Espinoza was reportedly arrested on 23
          Septer er 1997 at the military base of Tocache and re—arrested on 6 December
          1997 in Puerto Pizana. On both occasions he was allegedly tortured. Ten days
          after the second arrest he was taken into custody (see E/CN.4/1999/61, para.
          567) . According to the Government, William T. Olivera was first arrested by a
          patrol of the Villapampa Anti-Subversion Battalion and handed over to the
          Tocache SECOTE—PNP the same day on suspicion of terrorism and illegal possession
          of a hand grenade. Subsequently, he was released pending trial, re—arrested by
          soldiers from the Pizana Anti—Subversion Base on 6 December for trying to buy
          ammunition from a Peruvian Army NCO and again handed over to the Tocache SECOTE—
          PNP on 16 Decer er 1997. In October 1997 he was given a medical examination
          which found “bruising of the soles of the feet with minor functional impotence”,
          caused by his having to walk from Nuevo Horizonte to Tocache with the army
          patrol. Neither the Government Procurator's Office nor the Criminal Court of
          Tocache had any record of any complaint against military personnel for ill—
          treatment or harassment.
          864. After being charged with theft at the military base where he was serving,
          Army Sergeant Oscar Chucho Henostroza of the “Juan Hoyle Palacios”
          No. 6 Motorized Infantry Battalion (BIM) of the district of Independencia,
          Huaraz, was reportedly tortured by members of his own battalion (see
          E/CN.4/1999/61, para. 569) . According to the Government, on 31 May 1997 he was
          subjected to interrogation prohibited by the regulations constituting the
          offence of abuse of authority under the Code of Military Justice. The Army
          Corimand had had the sergeant admitted to the infirmary and ordered a medical
          report in July 1998. The report showed that he was not suffering any physical
          consequences from the assault he had undergone a year earlier. As far as the
          investigation of the facts was concerned, administrative inquiries had been
          initiated by the Army Inspectorate System and the suspects had been brought
          before an investigation board. As a result, two officers were retired as a
          disciplinary measure, in August and Septer er 1997. In the military courts they
          were sentenced to 8 months imprisonment in the case of the captain and 5 months
          in the case of the NCO, together with the payment of 1,000 new sols in civil
          damages.
        
          
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          865. Tony Gustavo Aduvire Congori and other youths were reportedly arrested on
          30 July 1997 by military personnel in the town of Tacna. They were taken to the
          Tarapacá Peruvian Army barracks. Later, Tony Gustavo Aduvire's dead body was
          found close to the barracks showing signs of beatings (see E/CN.4/1999/61,
          para. 570) . The Government reported that he had jumped recklessly from the truck
          in which he was being taken with other youths to the Tarapacá barracks for
          having evaded compulsory military service. He was picked up and taken to the
          barracks infirmary where he was found to be sick and in need of medical
          attention. On being informed of the situation, the technician in charge of the
          truck which had transported the youths ordered that he be taken out of the
          barracks and let go. The military personnel involved had been disciplined and
          reported to the military justice system for abuse of authority. Their case was
          being processed. The Tacna Specialized Criminal Court had initiated pre—trial
          proceedings against a lieutenant colonel, the third—class technician in charge
          of the vehicle, two sergeants and four corporals for the offence of abandoning a
          person in danger aggravated by his consequent death. The Criminal Division of
          the Tacna Court finally gave the third—class technician a suspended sentence of
          four years imprisonment and one of the sergeants a suspended sentence of three
          years imprisonment, while also ordering the payment of 15,000 new sols in civil
          damages. The others were acquitted.
          866. Rosendo Linares Chavez was reportedly tortured on 6 December 1997 by an
          NCO, a sub-lieutenant and a lieutenant of the Peruvian National Police in the
          town of Huamachuco (see E/CN.4/1999/61, para. 566) . According to the Government,
          on 12 January 1998, a report was made on an offence against human life and the
          person and the accused were held in custody at the disposal of the Provincial
          Procurator in Huamachuco. Moreover, in March 1998, administrative disciplinary
          action was taken against the police officers in question for breaches of
          discipline (negligence) and abuse of authority, for which they were punished
          with 20, 15 and 12 days of detention and reported to the PNP Judicial Area for
          the above—mentioned offence.
          867. By the same letter, the Special Rapporteur transmitted to the Government
          information concerning Denis Taminchi Saavedra who was reportedly arrested and
          tortured on 4 January 1997 while being taken from the Peruvian Social Security
          Institute of Pucallpa to the Pucallpa naval base (see E/CN.4/1999/61,
          para. 571) . By letter dated 24 February 1999, the Government informed the
          Special Rapporteur that four Navy personnel had been investigated by the
          Pucallpa Provincial Procurator for abuse of authority in connection with this
          case. In August 1997, on the basis of the investigation carried out by the
          Procurator, the judge of the First Criminal Court of Coronel Portillo had
          dismissed the case against the accused. The grounds for dismissal were lack of
          evidence and the untruthfulness and partiality of the complaint, inasmuch as
          Denis Taminchi was trying to get back his job with the Peruvian Social Security
          Institute which was managed by one of the defendants. Furthermore, the complaint
          had been lodged two months after the event rather than irimediately. In general,
          the evidence produced was not sufficient to establish that an offence had been
          corimitted or that the defendants were responsible.
          868. By the same letter, the Special Rapporteur urged the Government to take
          all the necessary measures to investigate, try and suitably punish anyone guilty
          of torture, whatever his rank or position. He also urged the Government to take
          effective preventive measures when confronted with such cases and to arrange for
          compensation for the victims or their relatives, in accordance with the
          provisions of the relevant international conventions.
        
          
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          869. By letters dated 25 February and 25 Decer er 1998, the Peruvian
          Government provided the Special Rapporteur with information concerning progress
          made in the field of human rights. Insofar as it falls within the Rapporteur's
          terms of reference, this information is summarized below.
          870. Law No. 26926 amending several articles of the Penal Code and
          incorporating Title KIV-A on “Crimes against humanity” had been approved. In all
          the cases envisaged in this title the ordinary courts would be competent.
          Chapter III of this title was said to be devoted to the question of torture.
          Under this chapter, those responsible for acts of torture, including conditions
          or techniques that destroy the personality or diminish the intellectual capacity
          of the victim, even if these methods do not cause physical injury or mental
          illness, intended to obtain a confession or information from the victim or a
          third party or to punish the victim for some offence or to intimidate or coerce
          the victim, will be punished with terms of imprisonment ranging from 5 to
          12 years. If the torture leads to death or serious injury, the penalties will
          range from 8 to 10 years in the event of death and 6 to 12 years in the event of
          serious injury. The same penalties will be applicable to any doctor or health
          professional who cooperates in such acts. Other provisions, which amend
          articles 125, 128 and 129 of the Penal Code, establish penalties for those who,
          by abandonment or neglect, endanger the physical well—being of a minor in their
          custody. Penalties are also provided for those who subject persons in their
          custody to conditions such as to place their life or physical well—being at
          risk. The right to medical assistance and the right of a possible torture victim
          to be examined immediately by a forensic therapist are included. The next task
          is said to be to incorporate other offences such as arbitrary arrest and
          extrajudicial execution.
          871. The Government also submitted a report on the first two years of
          operation of the Office of the Or udsman in Peru. Among its positive
          achievements, the report mentions the broad public acceptance of the Ombudsman
          as the protector of fundamental rights; a greater readiness on the part of
          people to claim their rights as a result of increased awareness of those rights
          and the conviction that they must be respected; a drastic reduction in forced
          disappearances; the creation of the Ad Hoc National Commission on Pardon; the
          elimination of faceless judges; the promulgation of Law No. 26926 incorporating
          crimes against humanity in the Penal Code; the adoption of special measures on
          behalf of displaced persons and communities affected by violence; affirmative
          action in favour of women's rights; and the introduction of operational
          mechanisms that provide for the ever—increasing participation of civil society.
          872. By letters dated 12 January 1998 and 21 January 1999, the Government also
          provided information on the granting of pardons to 36 people who had been
          convicted of terrorism or treason. By letter dated 19 March 1999, the Government
          provided the Special Rapporteur with a transcript of Supreme Decree No. 003—99—JUS
          of 17 February 1999 amending the Regulations on the living conditions and
          progressivity of treatment of prisoners convicted of or awaiting trial for the
          offences of terrorism and/or treason at national level. Thanks to the amendments
          introduced, prisoners will be able to enjoy a greater nur er of hours of outdoor
          exercise in the prison yard (between two and three hours as compared with one
          hour under the previous regulations) in manageable groups, as determined by the
          Prison Technical Board.
        
          
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          873. By letter dated 26 November 1999, the Government replied to the Special
          Rapporteur by providing information on the cases of the citizens: Bernardo Rogue
          Castro, Segundo Alva Mann, Edison Loayza Alférez and Armando Cumapa Onorte (see
          E/CN.4/1999/61, paras. 576-577).
          874. According to the Government, on 1 March 1998, Bernardo Rogue Castro,
          Segundo Alva Mann, Edison Loayza Alférez, Armando Cumapa Onorte and Alejandro
          Astorga Valdez, members of the Tupac Amaro terrorist group, and inmates of
          Yamanago prison, reportedly resisted being returned to their cells at the end of
          their exercise hour. In the face of this, National Police Major Luis Sanchez
          Moreno is said to have asked the inmate (delegate) Miguel Rincón Rincón to
          change his attitude. The inmates allegedly went up to the second floor where a
          group of them surprised Police Major Jorge Loyola Felipe and his supporting
          staff who were punched and kicked, the aforementioned officer suffering a 4 cm
          long cut on the right forehead, allegedly inflicted by the inmate Alejandro
          Astorga Valdez. The rest of the inmates apparently threw food at the prison
          staff who repelled the attack to re—establish order; in these circumstances both
          groups are said to have sustained injuries. The prison director reportedly
          arrived on the scene and warned the inmates to return to their cells, thereby
          restoring order. On 2 March 1998, a National Police NCO (third class) reported
          on the acts of indiscipline committed by the inmates Eradio Segura Palomino and
          Segundo Sena Montalván who had caused material damage in order to facilitate a
          possible escape. According to the Government, these acts of indiscipline and
          assaults corimitted by the inmates were brought to the attention of the rota
          public prosecutor of the province of Puno. The National Police were not guilty
          of assault on 1 March 1998, since it was the inmates who started the trouble.
          Moreover, the prison director had not ordered the inmate Alejandro Astorga
          Valdez to be taken from his cell and beaten since, after being warned, the
          inmates had gone back to their cells, thereby putting an end to the acts of
          indiscipline.
          Observations
          875. The Special Rapporteur welcomes various legal reforms reported by the
          Government, especially provisions contemplating that torture, as defined
          internationally, will be punishable as a serious crime. He also appreciates the
          detailed replies of the Government, which indicate some successful action
          against perpetrators of torture. He notes the assessment of the Committee
          against Torture in its conclusions and recommendations on its review of the
          country's periodic report (CAT/C/23/4) that, despite “the reduction of
          complaints of mistreatment by persons in custody over recent years” (para. 3),
          it is concerned “at the continuing numerous allegations of torture” (para. 4)
          which he believes is facilitated by the 15—day period of incommunicado detention
          applicable to persons suspected of acts of terrorism.
          Phili ines
          UrQent a inieals and replies received
          876. On 27 May 1999, the Special Rapporteur sent a joint urgent appeal with
          the Special Rapporteur on extrajudicial, summary or arbitrary executions on
          behalf of Pablito Andan, who had reportedly been convicted and sentenced to
          death for rape and murder in August 1994. He was allegedly detained in February
          1994 by men believed to be the local mayor's bodyguards, who took him to a hotel
          room where they blindfolded him and ordered him to confess to the crime of rape
        
          
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          and homicide, before taking him to police detention cells. To force him to
          confess the men allegedly beat him, held him down on the floor and poured water
          down his nostrils, repeatedly forced his head down a dirty toilet bowl and
          injected him in the neck and the buttocks with an unknown substance that made
          him feel disorientated. Subsequently he reportedly confessed to the crime. He
          reportedly retracted his confession when he stood trial, and stated that he had
          been tortured during interrogation. The Supreme Court reportedly recorded his
          allegations of torture, but admitted his confession. He was scheduled to be
          executed by lethal injection on 28 May 1999.
          877. By the same urgent appeal, the Special Rapporteurs intervened on behalf
          of Dante Piandiong, who had reportedly been arrested in December 1994 and taken
          into police custody, where he was allegedly beaten and given electric shocks to
          his genitals. During his trial, he reportedly testified that he had been
          tortured by the police. But, the trial judge is said to have only mentioned this
          in passing when he convicted Dante Piandiong and his co—accused, Archie Bulan
          and Jesus Morallos, and sentenced them to death. The Supreme Court is reported
          not to have referred to the alleged ill—treatment or torture when it reviewed
          their cases and confirmed their sentences. The allegations of torture have
          allegedly not been fully and impartially investigated. They were scheduled to be
          executed on 7 April 1999. The President of the Republic of the Philippines was
          reported to have granted a 90—day reprieve to them on 6 April 1999 with a view
          to an exhaustive review of the case being conducted.
          878. On 20 October 1999, the Special Rapporteur sent a new joint urgent appeal
          with the Special Rapporteur on extrajudicial, summary or arbitrary executions on
          behalf of Pablito Andan, who may reportedly have been executed any time after
          the expiry of his stay of execution on 25 October 1999, after President Estrada
          rejected his appeal for clemency (see above)
          Romani a
          Observations
          879. The Special Rapporteur's assessment of the situation in the country may
          be found in the report on his visit to Romania, issued as Addendum 3 to the
          present report.
          Russian Federation
          ReQular communications and replies received
          880. By letter dated 19 November 1999, the Special Rapporteur advised the
          Government that he had received information alleging that torture in police
          station and pre—trial detention centres during the first moments of detention,
          in order to coerce confessions and testimony, is widespread and systematic. The
          methods of physical torture include prolonged beatings and kicking (on the
          heals, head and kidneys), electroshock, asphyxiation (using plastic bags or gas
          masks) and painful suspension of the victim by certain body parts.
          881. Gross overcrowding in pre—trial detention centres continues to present
          life—threatening conditions for detainees that may be described as torturous
          (see E/CN.4/1995/34/Add.1).
        
          
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          882. The Special Rapporteur transmitted information on the following
          individual cases.
          883. Mikhail Iurochko, from Arkhangel'sk, was reportedly detained in late 1993
          in his home town on suspicion of murder. He reportedly confessed after police
          placed him several times in a “pressing room” in which he was allegedly subject
          to both psychological and physical harm, including rape. Three days later, he
          confessed to the murders. His convictions have apparently been overturned and
          all charges against him have been dropped by the Procuracy in Arkhangel'sk.
          884. Igor Akhrimenko was allegedly subjected to electro—shock treatment in
          April 1994 while in police custody. He was reportedly taken into a room and hit
          from the side and then punched in the temple, causing him to lose consciousness.
          He was allegedly handcuffed to a radiator and two electric wires with clamps
          were attached to his ear lobes. He was reportedly being held by the legs and by
          his head by two policemen who were asking him questions at the time.
          885. Zhanna Setchekvia was allegedly severely beaten in April 1994 by police
          in Usol'e—Sibirskoe after she was taken to the police station and ordered to
          sign papers concerning the investigation of a murder for which her husband, Igor
          Akhrimenko (see above) , was a suspect. She was allegedly thrown on the floor and
          beaten by two police officers. She was reportedly taken to a hospital emergency
          room when she was released from the police station.
          886. Sergei Mikhailov was reportedly arrested in Velsk in December 1994 on
          administrative charges. He was reportedly held for 10 days. Denied access to a
          lawyer, he was allegedly severely beaten by the police and was allegedly
          threatened with being thrown into a so—called “press hut” where fellow detainees
          would be encouraged by wardens to intimidate and brutalize him. While in
          detention, he confessed, reportedly as a result of the torture, to the murder
          and rape of a 10—year—old girl. After he was granted access to a lawyer, he
          withdrew his confession. In April 1995, the Arkhangelsk Regional Court sentenced
          Mikhailov to death. The Supreme Court has reportedly confirmed the sentence on
          appeal. In November 1996, a suspect reportedly confessed to the murder for which
          Mikhailov had been sentenced. His confession was corroborated by physical
          evidence found at the scene of the first murder. The head of the Arkhangelsk
          procurator's office refused to send this information to the Procuracy General in
          Moscow. In the meantime, Mikhailov reportedly continues to be held on death row
          at the Arkhangelsk pre—trial detention centre. From 24 April 1995 to 1 July
          1997, he was reportedly deprived of exposure to sunlight, as death row prisoners
          do not have the right to recreation.
          887. Mikhail Sobolev was reportedly beaten severely at his home in
          Ekaterinburg on the night of 28 March 1995. Plain-clothed police officers
          allegedly forced their way into his apartment and immediately beat him until he
          lost consciousness. He was allegedly beaten so severely that he required a month
          of hospitalization. He reportedly sent a complaint to the Procuracy but received
          no response. The case reportedly reached the Kirov District Court on 1 January
          1997. Since that date, the case has reportedly been delayed and transferred to a
          court in a neighbouring province.
          888. Andrei Potanin was reportedly beaten at his home in Ekaterinburg on
          11 May 1995 by plain-clothes police officers. He was reportedly beaten in the
          presence of family members until he lost consciousness. He was then reportedly
          taken to the police station, without search or arrest warrant.
        
          
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          889. German Il'in was reportedly tortured by suspension while in police
          custody in November 1995 in Irkutsk province. He was allegedly handcuffed to a
          pipe so that his feet could not touch the ground. In this position, he was
          allegedly beaten in the kidney and liver areas for 20 to 30 minutes.
          890. Dmitry Zhukov, a private in the army stationed on the island of Severny
          Berezovy in the Gulf of Finland, reportedly suffered multiple injuries to his
          head and to his back, allegedly caused by a commanding senior soldier. While
          being treated for three weeks by doctors in Vyborg, he was reportedly denied his
          food rations by a fellow soldier, who was reportedly in effective control of the
          base, to punish him for his “slowness”. He was reportedly hospitalized with
          physical injuries, stomatitis and the early stages of kidney failure. A criminal
          case has reportedly been opened against the commanding officer on charges of
          torture and brutality, although the result of this action is at present unknown.
          891. Denis Andreyev, a private in the army, was reportedly awakened and
          attacked by two officers on the night of 27 December 1995 when he was returning
          from the hospital where he was receiving treatment for a broken leg. His hands
          were reportedly handcuffed behind his back and then officers allegedly beat him
          until he lost consciousness. He was then reportedly ordered by the officers to
          be locked in a cell for 35 days for disciplinary punishment. The head of the
          medical army unit reportedly refused to provide any medical treatment to him. He
          was reportedly told by another officer that he should hang himself in order to
          put an end to his suffering.
          892. Viktor Fyodorovich Andreyev has reportedly been held for three years in a
          Moscow pre—trial detention centre, “Matrosskava Tishina”, and is allegedly being
          denied medical treatment even though he is critically ill with tuberculosis. He
          was reportedly arrested in 1995, while serving in the Russian army in Chechnya,
          for the murder of his commanding officer, who had allegedly repeatedly abused
          and tortured him and other conscripts. He reportedly attempted to desert twice
          during the conflict and was allegedly subjected to torture each time he was
          returned to the army. He has reportedly not been allowed a visit by members of
          his family or a lawyer of his choice during his detention.
          893. Alexander Volod'ko was reportedly arrested at his home on 23 July 1996 by
          police in Aleksin, in connection with their investigation of the attempted
          murder of a police officer. He was allegedly beaten and taken to a forest where
          the officers held his head under water in a brook. The next day, men in dark
          masks reportedly beat him for several hours somewhere near the river Oka and
          staged a mock execution. On the third day, he reportedly attempted to commit
          suicide by slashing his wrists. Doctors are alleged to have stitched his wounds
          so he could be subjected to further torture. On the fourth day, the men in dark
          masks once again allegedly asphyxiated him in water and forced a smouldering
          piece of wood into his anus. The following two days, he was allegedly placed in
          a “pressing cell” where two young men beat him. On the tenth day after his
          arrest, he reportedly confessed to the crime. On 18 March 1999, a court
          sentenced him to two years and eight months' imprisonment. Although the police
          officers denied torturing him, protests from human rights organizations
          reportedly led the Procurator's office to institute criminal proceedings against
          the police officers.
          894. Boris Botvinnik was reportedly arrested on 18 September 1996 by riot
          police in Moscow on suspicion of robbing a currency exchange. The police
          allegedly forced their way into his apartment and beat him to the ground. The
        
          
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          police reportedly forced a gas mask over his head and cut off the oxygen supply
          from time to time, while they reportedly accused him of a series of crimes. They
          then reportedly took him to Moscow's main police station at Petrovka 38 and
          forced him to confess to the robbery of a currency exchange booth at Moscow
          State University. He was reportedly released from pre—trial detention in
          February 1997 for medical reasons; he had reportedly lost nearly all of his
          eyesight since his detention, as a result of the overcrowded conditions, a lack
          of natural light in the cells of the pre—trial detention centre and his reported
          denial of requests for medical attention. In March 1999, he was reportedly
          convicted despite a reported lack of material evidence. The judge reportedly
          refused to exclude confessions from the evidence of the case against him,
          despite medical evidence that he had been tortured. He was given a five—year
          suspended sentence.
          895. Dmitrii Koligov and Mikhail Shikalenko were reportedly arrested in
          Septer er 1996 in Moscow for robbing a currency exchange booth. They were co-
          defendants with Boris Botvinnik (see above) . Both were allegedly subjected to
          treatment similar to that of Botvinnik and were coerced to sign confessions. The
          two men reportedly remained in the pre—trial detention centre of Butryka for two
          and a half years while the criminal investigation and court hearings took place.
          In 1998, Shikalenko was reportedly diagnosed with tuberculosis, allegedly
          contracted during his detention. They were sentenced to three and four year
          sentences, respectively, despite a reported lack of material evidence in the
          case.
          896. Tatiana Popkova is reported to have been forcibly taken to the police
          station in Irkutsk province in the fall of 1996. She was reportedly ordered to
          sign an interrogation report. When she refused to sign the report without first
          reading it, a police officer allegedly took her by the hair and hit her head
          against a wall several times. The police officers also allegedly threatened to
          place her in a “pressing” room. She was reportedly released shortly after.
          897. Andrei Kol'tsov was reportedly driven to a forest in 1996 approximately
          two kilometres from the local pre—trial detention centre, where he was
          reportedly severely beaten. The police also allegedly tied one of his legs to a
          tree with a rope and the other to the car. The car was then started up and the
          rope stretched, forcing his legs to split. The police reportedly only stopped
          when Kol'tsov agreed to write a confession. Medical documents from the pre—trial
          detention centre and a forensic examination confirmed Kol'tsov's injuries, which
          included numerous large bruises on the chest and a broken rib.
          898. Oleg Fetisov, aged 15, was reportedly approached by police while he was
          at school in Ekaterinburg on 21 November 1996 having his lunch break. The police
          officers reportedly asked him to come to the police station in Verkh Isetskii
          for questioning about the theft of another boy's jacket. Police officers
          allegedly beat him, kicked him and dragged him around the floor when he refused
          to confess to the crime. He was allegedly handcuffed, tied to a chair and a gas
          mask put over his head. The oxygen supply was allegedly cut off several times
          for about a minute each time. He eventually informed the police that he would
          write a confession. He reportedly jumped out of a window. He was reportedly
          taken to hospital with a broken skull, pelvic bone and arm, contusions to his
          knee and concussion. The police continued to pursue the criminal case against
          Fetisov and his two co—defendants, who had both spent almost a year in
          detention. In March 1998, the three men were found guilty.
        
          
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          899. Anton Shamberov and Kirill Komlev, brothers, who were both accused of
          killing a friend of the chief of the city police department in Nizhnii Novgorod,
          were allegedly subjected to extensive psychological pressure by police in
          Nizhnii Novgorod in 1996. Police officers allegedly threatened them to take them
          to the forest and kill them.
          900. Aleksei Alekseev, aged 14, was reportedly detained in March 1997 in
          Ekaterinburg after a car owner complained to the police that he and a friend had
          thrown snowballs. The two boys were taken to the police station and held for
          four hours without being allowed to phone their families. The police allegedly
          compelled Aleksei Alekseev to confess to the crime by beating him over the head,
          pulling his hair and threatening him with further beatings if he did not
          confess. He was reportedly diagnosed by a doctor as having possible concussion
          and bruises to his head following his release.
          901. Igor Afon'kin was reportedly detained in June 1997 in Irkutsk province.
          Upon arrival at the police station, he and others arrested with him were
          allegedly beaten by police and had tear gas sprayed in their eyes. He was
          reportedly released the following day, but later detained on 19 Nover er 1997.
          He was allegedly beaten with a night stick on the back and kidneys and compelled
          to write a confession. He was reportedly detained for four months and then
          released.
          902. Dmitri, Ivan and Alexander Koriagin, three brothers, were reportedly
          tortured by suspension until they lost consciousness while in police custody in
          Pereslavl'—Zaleeskii. The three brothers were reportedly detained in a state of
          intoxication on 3 August 1997. All three were allegedly beaten with nightsticks
          at the police precinct and had tear gas sprayed in their eyes.
          903. Vitalii Kovalev was reportedly detained by police on 5 August 1997 in a
          city in western Russia. He was allegedly taken to the third floor of the police
          station and was told to confess to a group robbery of a computer firm. Police
          officers reportedly stated that they would “play soccer” with him until he
          remembered how everything happened. Police officers subsequently allegedly beat
          him and subjected him to electroshock so that he “flew around the room like a
          soccer ball”. The police reportedly demanded that he confess to a series of
          crimes. He reportedly jumped from a window on the third floor. He suffered four
          fractures of his spinal cord and is now a paraplegic. When his parents attempted
          to lodge a complaint with the Procurator's office, the response was a veiled
          threat that Kovalev's status would be changed from a witness in the case to a
          suspect. The family therefore decided to not file a complaint.
          904. Sergei Samsonov was reportedly requested by two policemen to accompany
          them to the police station in Sergiev Posad on 5 March 1998. The police
          allegedly held him at the station overnight and took him to court the next day.
          He was reportedly sentenced to 10 days of administrative arrest for petty
          hooliganism. After 10 days, during which he was allegedly tortured, he was taken
          to the pre—trial detention centre on suspicion of murder.
          905. Andrei Getsko was reportedly arrested at his apartment in Bratsk on
          30 Septer er 1994 on suspicion of armed robbery. Police allegedly detained him
          by shooting him in the foot. He was allegedly beaten by police on the way to the
          Central Hospital in Bratsk, where he was taken for treatment. Police allegedly
          continued to beat him in an elevator at the hospital. The incident was
          reportedly witnessed by several doctors of the hospital. He was reportedly taken
        
          
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          from the hospital soon after the operation on his foot, despite a doctor's
          instructions that he remain there. While he was waiting for the police car to
          arrive outside the hospital, the police allegedly kicked him in his injured
          foot. On arrival later that night at the police station, the police allegedly
          continued to beat him. He eventually wrote a confession, reportedly fearing that
          he would be killed or crippled. On 16 September 1997, he was reportedly released
          on bail and in 1999, all charges were dropped against him. Criminal proceedings
          were reportedly instituted against the police officers on 20 March 1998, after
          several doctors reportedly testified in court what they had witnessed in the
          elevator at the hospital. Criminal proceedings against the police officers were
          dropped by the Procuracy in early 1999. However no grounds were given for
          doing so.
          906. Vasiliy Rakovich, a prominent human rights lawyer and Chairman of the
          Krasnodar Regional Association for Human Rights, was reportedly attacked and
          beaten on 23 October 1998. He was reportedly attacked on the street during the
          lunch break of the Vasiliy Chaikin case court hearing on 23 October in Stanitsa
          Leningradskaya in the Krasnodor region, by two men in civilian clothes who
          carried a baseball bat and a brick. He was allegedly beaten for having brought a
          case against a criminal investigator in the Office of the Procurator for
          Leningradsky district of Krasnodor region and the chief investigator in the
          Vasiliy Chaikin case. As a result of the beating that took place on 23 October,
          he was hospitalized with severe head and body injuries.
          Observations
          907. The Special Rapporteur continues to regret that the recommendations he
          made in the report on his 1994 visit aimed at alleviating radically the
          torturous conditions caused by gross overcrowding in pre—trial detention centres
          have not been acted upon.
          Rw and a
          ReQular communications and replies received
          908. By letter dated 3 September 1999, the Special Rapporteur reminded the
          Government of a number of cases which he had transmitted in 1998 without having
          received a reply.
          UrQent a inieals and replies received
          909. On 15 February 1999, the Special Rapporteur sent an urgent appeal on
          behalf of Ignace Kanyabugoyi who reportedly “disappeared” from Kigali on
          21 August 1998. Two days later, armed soldiers are said to have searched his
          house in which they allegedly found a weapon. They are reported to have taken
          his wife to the gendarmerie post in Nyamirambo to question her, in particular
          about her husband's political activities. Shortly after his “disappearance”,
          Ignace Kanyabugoyi's car was reportedly found at the Military Intelligence
          Directorate, which suggested that he was being held there. Nevertheless, his
          family's efforts to locate him were unsuccessful until the beginning of February
          1999, when it was learned that he was being detained in a psychiatric
          institution at Ndera, in the commune of Rubungo, prefecture of Kigali Rural. He
          was said to be suffering from a depressive disorder. It is alleged that the
          authorities concerned had nevertheless denied that he was there and prevented
          his family from meeting him.
        
          
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          910. On 16 August 1999, the Special Rapporteur sent an urgent appeal on behalf
          of Epiphanie Uwitakiye and Blaise Barankoreho and his wife Suzanne. The two
          women were said to have been arrested by a group of people on 6 August 1999 when
          they were trying to reclaim their houses in the Nyamirambo district of Kigali.
          They were reportedly hit and injured in the course of being arrested. They were
          currently being held at the NyamirarcJDo police station. The husband of Epiphanie,
          Félicien Gasana, is reported to have died on 9 August 1999 in the Kigali
          hospital centre as a result of blows received at the time of his arrest.
          Saudi Arabia
          Follow—un to previously transmitted corimunications
          911. By letter dated 6 July 1998 the Government responded to a joint urgent
          appeal sent with the Chairman-Rapporteur of the Working Group on arbitrary
          detention on 10 June 1998 on behalf of Farzana Kauzar and her family. By letters
          dated 5 and 11 March 1999, the Government informed the Special Rapporteur that
          those letters was also intended to be a reply to the concerns raised by the
          Special Rapporteur. The Government reassured the Special Rapporteur that all
          persons deprived of their liberty are well treated.
          Sene Qal
          ReQular communications and replies received
          912. By letter dated 3 September 1999, the Special Rapporteur informed the
          Government that he had received information on the following case.
          913. Anguiling Diabone, the regional representative of the human rights
          organization Rencontre africaine pour la defense des droits de l'homme , in
          Casmance, was reportedly arrested on 1 October 1998 at a military checkpoint
          40 km from Ziguinchor. He is said to have been detained by soldiers for several
          hours and beaten and criticized for his activities on behalf of human rights in
          the context of the conflict in Casamance. He was allegedly left in the sun with
          his hands and feet tied and viciously kicked for several hours. He is also said
          to have been threatened with death with a dagger. On 6 October, his wife, two of
          his sons and a nephew were allegedly threatened at the same place.
          914. By letter dated 8 Nover er 1999, the Special Rapporteur reminded the
          Government of a number of cases which he had transmitted in Septer er 1998
          without having received a reply.
          Spain
          ReQular communications and replies received
          915. By letter dated 30 November 1999, the Special Rapporteur sent the
          Government information on the following cases.
          916. Garikoitz Mendioroz was reportedly arrested by the national police on
          12 January 1999 and held incorimunicado for three days. During his detention he
          was allegedly subjected to torture as a result of which he had to receive
          treatment in a Navarro hospital. His relatives are said not to have been allowed
          to see the medical reports. At the time of his arrest, Mr Mendioroz reportedly
          received a blow to the head as a result of contact with a car. During the
        
          
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          journey to a Pamplona police station he is said to have been threatened. It is
          alleged that once at the police station he was handcuffed and slapped repeatedly
          about the head. He is said to have been threatened with being shot if he did not
          incriminate himself and an attempt was allegedly made to suffocate him with a
          plastic bag. During the night he was apparently woken up every time he fell
          asleep. The interrogations, threats and blows with fists and a hard object, as
          well as the plastic bag over the head, are said to have continued the next day.
          He was also reportedly threatened with being thrown out of the window. Later, he
          was taken to hospital and brought to Madrid.
          917. Mikel Azumendi Penagarikano was arrested in Seville on 21 March 1998 by
          the Guardia Civil and is currently in the Madrid—2 prison (Alcalá de Henares)
          Mr Azumendi has alleged that during his detention he was subjected to ill-
          treatment and torture which involved being stamped on and kicked, blows to the
          ribs, head and testicles, electrodes on the penis, stomach and chest, mock
          executions, being prevented from seeing, and threats to his family and his
          partner Maite Pedrosa, who was also arrested. Since entering prison, Mr Azumendi
          has reportedly been suffering from ankle pains which have prevented him from
          engaging in any physical activity.
          918. Nekane Txapartegi was arrested in the Guipüzcoa village of Tolosa on
          9 March 1999 in the course of a police operation conducted by members of the
          Guardia Civil from 513 command in Intxaurrondo. On the way to Madrid she
          allegedly received blows to the head. She is said to have been taken into a
          wood, threatened with a pistol pointed at her head and had her feet tied
          together with insulating tape and rope. She was then put back in the vehicle
          which continued on its way. On several occasions a bag was placed over her head
          and tightened to cut off her air supply. Once in Madrid, she was reportedly
          taken to a police station which could have been Tres Cantos. During the
          interrogations to which she was subjected the “bag” torture and the blows,
          especially to the head, are said to have continued. She was allegedly stripped,
          bound hand and foot, and hit and beaten all over her body. On another occasion,
          the officers are said to have threatened her with a pistol and one of them put
          his fingers up her vagina. On 13 March she was taken to the National High Court
          where she was reportedly seen by the court medical officer. Nekane Txapartegi
          then reportedly made a statement before the judge of Central Court of
          Investigation No. 3 of the National High Court, who ordered that she be detained
          incommunicado. She is currently in the Soto del Real Penitentiary Centre in
          Madrid province.
          919. Mikel Egibar Mitxelena was reportedly arrested by mer ers of the Guardia
          Civil on 10 March 1999 in circumstances similar to those described in connection
          with the case of Nekane Txapartegi. After being taken to the General Directorate
          of the Guardia Civil in Madrid, he is said to have been subjected to
          interrogations during the course of which he received continuous blows,
          especially to the head and testicles. After three days he was reportedly taken
          to a hospital, at the suggestion of the police surgeon. Various examinations are
          said to have been carried out, but he was not kept in the hospital. On 15 April
          1999, in a written application to the San Sebastian Examining Court No. 1, he
          requested that the medical reports drawn up during his detention be included in
          the proceedings against him in Central Examining Court No. S of the National
          High Court.
        
          
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          920. Iker Bea, Asier Urrerstarazu, Ismael Fakhri and Ricardo Penafiel have
          lodged a complaint before a judge of the National High Court alleging that they
          were subjected to torture and ill—treatment while being held incorimunicado.
          921. Iker Bea complained of having been tortured from the moment he was
          arrested on 2 February 1999. Reportedly, he received blows all over his body and
          was later taken by a group of police officers who “worked him over” with
          alternating kicks and punches and subjected him to the “bag” torture. The
          torture of which he complains is said to have been accompanied by death threats,
          and a policeman is alleged to have pushed a pistol into his mouth to make him
          incriminate himself. Iker Bea reportedly signed a police statement acknowledging
          his participation in an alleged offence committed on 25 January 1998, although
          on that day he was being detained on other grounds (he was reportedly in pre-
          trial detention from 29 August 1997 to 13 March 1998)
          922. Asier Urrestarazu complained of being subjected to endless psychological
          pressure and abuse. Ismael Fakhri and Ricardo Penafiel allegedly received
          numerous blows to the testicles and Fakhri also complained that the officers had
          taken advantage of the fact that he had a weak leg and had to use crutches in
          order to torment him. In addition, he is said to have been threatened with the
          expulsion of his father, a Moroccan immigrant settled in Tolosa.
          923. Iker Bea and Ismael Fakhri were admitted to Alcalá Meco prison. Asier
          Urrestarazu and Ricardo Penafiel were released on bail on 4 February 1999.
          924. José Ignacio Armendáriz Izaguirre was arrested at his home in Pamplona on
          27 March 1998 and later taken to Madrid, where he appeared before a judge on
          30 March 1998 and was detained pending trial. At the Pamplona Guardia Civil
          headquarters, he was allegedly subjected to various forms of torture, such as
          blows to the back of the head and frequent use of the “bag”. The torture is said
          to have been accompanied by threats. In Madrid, he was reportedly examined by a
          police surgeon, to whom he did not dare mention the treatment he had undergone,
          and then taken, handcuffed and with his face covered, to a hospital where tests
          were carried out. Back at the detention centre, the threats allegedly continued,
          together with the blows and the attempts at suffocation. At one point, he is
          supposed to have deliberately injured himself and been seen by the prison
          doctor. The perpetrators were allegedly the same Guardia Civil mer ers from
          Pamplona.
          925. Peio de Vega Martin was reportedly arrested at his home in Portugalete,
          Bilbao, on 27 January 1998 by mer ers of the Guardia Civil. It is alleged that
          in the course of the interrogations which he underwent in the next few days he
          received blows to various parts of the body, especially the head and testicles,
          the “bag” was placed over his head and threats were made to harm his pregnant
          wife. He was admitted to Carabanchel prison (Madrid—i) on 31 January 1998 and
          transferred to Soto del Real prison on 1 June 1998. The medical service at
          Carabanchel noted that de Vega had a haematoma on the forehead and a perforated
          eardrum, as well as pain in the right testicle which needed to be examined by a
          specialist.
          Follow—un to previously transmitted corimunications
          926. By letter dated 3 Nover er 1998, the Special Rapporteur corimunicated to
          the Government information concerning possible cases of torture in Spain. By
        
          
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          letters dated 8 Decer er and 22 December 1998, the Government responded to the
          cases transmitted as surimarized below.
          927. Endika Leonardo Gonzalez was reportedly arrested on 21 November 1994 and
          later tortured by mer ers of the Civil Guard (see E/CN.4/1999/61, para. 656).
          According to the Government, the allegations of ill—treatment were investigated
          in the proceedings before the Bilbao Examining Court No. 8 and decided by the
          Provincial High Court of Bilbao in its judgement of 26 February 1998. The
          Government's reply was accompanied by this judgement which is grounded on, among
          other things, the provisions of the Convention against Torture. According to the
          judgement, the detainee received medical attention from the moment he was first
          arrested, when it was found that he was highly nervous but there were no signs
          of violence. The day following his arrest he returned to receive medical
          attention, with similar results. On the third day of detention he complained of
          ill—treatment and was twice examined by a police surgeon who diagnosed a state
          of anxiety and psychomotor agitation. The same afternoon, on 25 Nover er 1994,
          he was admitted to Madrid—i prison, where a medical examination revealed no sign
          of injuries. That day he was released and on arriving in Bilbao went to the
          hospital where his nervousness was again noted and the diagnosis was “general
          malaise”. In the judgement which decided the case, it was established without
          doubt that there were no external physical injuries and that the detainee was in
          a state of high anxiety. Two forensic medical examiners agreed that the state of
          nervousness was a stress syndrome due to generalized non—post—traumatic anxiety
          consistent with detention and solitary confinement. The accused were therefore
          acquitted. The plaintiff could have applied for a judicial review of the
          verdict, but he did not.
          928. Utzi Garcia Monterio was reportedly threatened, on 23 April 1998, in the
          Provincial High Court of San Sebastian by an agent of the Ertzainza (Autonomous
          Basque Police) . He was allegedly tortured in Guipüzcoa by a mer er of the
          Ertzainza (see E/CN.4/1999/61, para. 657) . The Government replied to this case,
          enclosing various documents such as the report of the Autonomous Basque Police,
          the national police report, the relevant court decisions, the records of the
          police inquiries and the judicial proceedings before the National High Court. On
          the basis of these documents, the Government reported that the Examining Court
          No. 5 of San Sebastian had ruled that the case be shelved without Garcia
          Monterio having appealed against that decision. With regard to the alleged ill—
          treatment, it noted that he had had a medical examination on the day of his
          arrest. He had been held incorimunicado by order of the court for two days. On
          21 November 1996, he was again examined by a police surgeon whom he told that he
          had been treated properly. No injury that might have been caused by ill-
          treatment was detected. That same afternoon he complained of ill—treatment to
          the judge, saying that he had not mentioned it to the police surgeon for fear of
          further ill-treatment during his stay in the cells of the National High Court.
          That same day, Garcia Monterio appointed as many as ii lawyers to defend him,
          all of whom were accepted by the judge. None of these freely appointed lawyers
          complained of ill—treatment, appealed or objected nor did they criticize the
          Central Examining Magistrate for not having conducted an investigation for ill-
          treatment.
        
          
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          Sri Lanka
          ReQular communications and replies received
          929. By letter dated 15 November 1999, the Special Rapporteur informed the
          Government that he continued to receive information on the practice of torture
          and other forms of ill—treatment, in particular in the context of the ongoing
          armed conflict between the security forces and the Liberation Tigers of Tamil
          Eelam (LTTE) . As in previous years, the Special Rapporteur has received
          information that persons arrested on suspicion of being members or sympathizers
          of the LTTE are reportedly tortured, in particular in the north and east of the
          country and in Colombo. There is a continuing use of unauthorized places of
          detention, especially in the Jaffna peninsula and Vavuniya, which is believed to
          be a factor facilitating torture. The People's Liberation Organization of Tamil
          Eelam (PLOTE) is reported to run such places of detention, where torture is
          allegedly routinely practised with the tacit approval of mer ers of the army and
          the police, who are said to regularly visit those camps. Elements within the
          security forces are reportedly helping these paramilitary groups to protect the
          secrecy of their camps and the torture taking place there. Prisoners held there
          are allegedly beaten, administered electric shocks, have petrol poured on their
          back and lit, and are bitten by dogs on their private parts.
          930. Torture of common criminal suspects and people taken into custody in a
          non—political context is reportedly widely practised, in order to extract
          confessions from suspects in theft and other criminal cases. The Evidence
          Ordinance nevertheless contains strong provisions to prevent the extraction of
          confessions under torture, since it makes them inadmissible in courts. The
          Supreme Court is said to have awarded compensation to people arrested on
          suspicion of petty crimes who were subsequently tortured by the police in
          several cases. It is alleged that members of the public often approach local
          police officers to intervene in their disputes with neighbours, business rivals,
          family members or tenants. Many persons arrested in that context are said to
          have been subsequently tortured.
          931. Furthermore, the Special Rapporteur has received information according to
          which corporal punishments continue to be imposed by courts, including on
          juveniles. Section 52 of the Penal Code reportedly lists whipping as a
          punishment to which offenders are liable under the Code. It is explicitly
          provided for as an additional punishment for theft of, among other things,
          vegetables and fruits. Section 29.1 of the Children and Young Persons Ordinance
          1939 allows whipping to be imposed as a form of punishment by magistrate's
          courts on male children, as an additional punishment for certain offences. Cases
          have been reported.
          932. Finally, according to the information received, despite the long—term
          existence of legislation to punish torture, and the enactment of the Torture Act
          in 1995, this violation is reported to be still committed with impunity. No one
          has reportedly been convicted in relation to the crime of torture in Sri Lanka.
          Seven indictments are nevertheless said to be currently before the High Courts,
          arising from eight judgments by the Supreme Court during 1997 and 1998 where the
          Court had found police officers had been responsible for torture, had awarded
          compensation and had recommended further investigations. But it is reported that
          the Supreme Court has expressed its frustration at the lack of follow-up by the
          relevant authorities to the Supreme Court's recommendation for further
        
          
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          investigations and appropriate action against members of the security forces
          involved in acts of torture.
          933. The Special Rapporteur transmitted to the Government information on the
          individual cases summarized below.
          934. Weerage Buddhika Weerasinghe was reportedly arrested on suspicion of
          robbery in May 1996 and allegedly tortured at Pannala police station by being
          suspended over a rice pounder and hit repeatedly with a hosepipe while being
          forced to confess. The police in their statements to the court are reported to
          have denied that he had been tortured. The Supreme Court reportedly awarded
          compensation to him in a judgment of 31 October 1997.
          935. Sinnarasa Anthonymala, a 17—year—old girl from Jaffna, was reportedly
          shot in the thigh by the Navy while travelling on a boat to India on 16 July
          1995. Rescued by the Navy, she was reportedly taken to the Kankesanthurai navy
          camp, where she was allegedly stripped of her clothing and tortured by being
          struck on the head with an iron rod, for which she needed stitches. She was also
          allegedly handcuffed at the ankles and suspended upside down from a window bar,
          electric wires were applied on her body, and she was burnt with cigarettes and
          heated metal rods. On 28 August 1995, she was allegedly transferred to the
          Criminal Investigation Department (CID) , where she was reportedly cut on the
          back of her neck, hit on the mouth and hit on her left leg with a piece of wood.
          After a month she was allegedly forced to sign seven statements typed in
          Sinhala. She was then reportedly transferred to the Welikada prison. After three
          months at the Welikada prison, a bullet was removed from her thigh by the prison
          hospital authorities. On 27 June 1997, she appeared in court. On her body the
          examining medical officer reportedly found a nur er of irregular marks and scars
          that corroborated all of her testimony of being tortured.
          936. Anura Sampath was reportedly taken on 30 December 1998 to the Moratuwa
          police station and beaten by police officers. The following day, his family was
          eventually informed by the officer-in-charge that he was dead. They reportedly
          found his body at the Kalubovilla Hospital. A cost mortem inquiry reportedly
          found that he died from 24 internal injuries, probably caused by assault. The
          police reportedly stated, however, that he had died after allegedly jumping from
          the police jeep.
          937. Sathasivam Sanjeevan died in police custody allegedly as a result of
          torture. He was reportedly arrested during a police search operation on
          13 October 1998 in Paandiruppu and detained at the Almunai police station, where
          he was allegedly tortured. On 17 October 1998, the family reportedly went to the
          Amparai police station and then to the Government Hospital where they were
          informed that their son had been killed in an armed confrontation with the LTTE
          when he was being transferred to the Amparai station. A deep cut along his chest
          had reportedly been stitched up, his tongue severed and stitched together, and
          there were injuries on his head and hip. A second post—mortem inquiry ordered by
          the local magistrate confirmed signs of injuries by blunt weapons inflicted
          before the shooting. The second magisterial inquiry was still continuing.
          938. Gopalaratnam Thananjeyan was reportedly arrested in Colombo on 22 August
          1998. He was allegedly detained and tortured on the first floor of the
          Peliyagoda police station for four hours. During his detention he was reportedly
          beaten. His hands and feet were then allegedly tied and he was suspended from a
          pipe passed under his knees. While he was in this position, the police
        
          
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          reportedly beat the soles of his feet, legs and back. He is said to have been
          brought before the Assistant Superintendent of Police (ASP) and vomited. The ASP
          ordered that he be taken to the hospital and he stayed there until 24 August
          1998, when he was taken back to the Peliyagoda police station. He was reportedly
          released on bail in early January 1999, and is currently awaiting charges.
          939. Kumaru Selvaratnam was reportedly arrested in early March 1997 on
          suspicion of being involved with the LTTE. During the first eight days of his
          detention at the Slave Island police station in Columbo, he was beaten with a
          broom stick. He had allegedly been kicked and trampled on to such an extent that
          his testicles needed to be surgically removed. The Supreme Court reportedly
          awarded him 100,000 rupees compensation.
          940. Suppu Udayakumar, Pichchamuththu Chandran, Arunasalam Yogeswaran,
          Solamuththu Loganathan, Ponnaiah Saravanakumar and Samimuththu Benedict were
          reportedly arrested in the first two weeks of June 1998 on suspicion of having
          participated in the bombing of the Shannon tea factory. They were allegedly
          arrested because of their involvement with the Socialist Equality Party.
          Confessions were reportedly extracted from them under torture. All are said to
          be currently detained at the Bogambara Prison in Kandy. The Special Rapporteur
          has received detailed information on each of these cases which was transmitted
          to the Government.
          941. T. Ranjani was allegedly arrested on 26 November 1997 in Color o and
          tortured by police officers at the Cinnamon Gardens police station. She was
          reportedly examined by the Judicial Medical Officer (JMO) who found that she had
          seven injuries and that they were consistent with her allegation that she was
          hit with a PVC pipe and with sticks.
          942. Muthuthamby Vanitha was reportedly arrested on 19 November 1998 by the
          Kotahena police in Color o. She allegedly attempted to seek asylum in France,
          from where she was deported back to Sri Lanka in early October and detained for
          one week, during which she was allegedly beaten with iron pipes on her stomach
          and not allowed to use the bathroom. She was examined by a JMO who is said to
          have found evidence of torture. She is currently at the Welikade women's prison,
          where she is reportedly receiving medical treatment but is still allegedly
          suffering from the aftereffects of torture.
          943. Periyathamby Subramaniam was reportedly taken into custody on 8 June
          1997, by the “Razeek Group”, a group which is described as being affiliated to
          the Eelam People's Revolutionary Liberation Front. He was allegedly burnt,
          beaten with a wooden rod, burnt on his penis with a cigarette butt, nearly
          suffocated with a bag containing chilli powder and petrol, pricked with pins on
          his body, and stabbed with a knife on his shoulder. He was reportedly
          transferred to Patpodi army camp where melted polythene wax was allegedly poured
          over his legs and one of his finger nails was removed with pliers. He was also
          reportedly tortured in the Counter Subversive Unit of the police in Batticaloa.
          According to the JMO report of 29 September 1998 submitted to the Supreme Court,
          he showed injuries consistent with his allegation of having been severely
          tortured. His fundamental rights petition was reportedly pending before the
          Supreme Court and he is said to be facing a trial before the Batticaloa High
          Court under the Prevention of Terrorism Act.
          944. Thirty-five young men and women were reportedly taken into custody during
          a round-up by the army from Manipay on 2 January 1997. They were allegedly
        
          
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          detained at the Thavady camp, where they were interrogated about their identity.
          On the third day of their detention, three soldiers were reportedly killed in an
          ambush by the LTTE. The soldiers at the camp allegedly started beating the
          detainees with poles, cricket bats and electric wire. Plastic bags filled with
          gasoline and ants were allegedly placed over the detainees' heads. On the fourth
          day of their detention, they were reportedly transferred to Manipay army camp
          where some complained to the commanding officer about the torture. Later that
          night, soldiers allegedly came to beat them. Male detainees were allegedly hung
          upside down by their toes and made to inhale chilli fumes that were being burned
          under the ropes. They were also allegedly beaten with PVC pipes and wire, and
          were subjected to electric shocks. Nails are said to have been driven into their
          hands and feet.
          945. Kanapathipillai Sasikumar was reportedly arrested on 3 April 1997, and
          detained at a tower behind the Indian High Commission, which is said to be a
          “safe house” used by mer ers of the army. He was allegedly stripped naked, had a
          bag with gasoline and chili powder pulled over his head and tied to his neck,
          and was tied to a chair. He was reportedly beaten all over his body with broken
          legs of tables and chairs and with PVC pipes filled with concrete. His hands
          were allegedly tied behind his back and he was suspended from a ceiling fan by a
          nylon thread attached to his thur s. He was allegedly administered electric
          shocks. On 5 April, he was reportedly handed over to the Crime Detection Bureau.
          A doctor at Nagoda government hospital recommended surgery to his penis, but up
          to October 1998, the authorities at Kalutara prison, where he is detained, are
          believed to have not acted accordingly.
          946. Bathatha Jayatunga Gamage Malsha Kumari, a 14—year—old girl, was
          reportedly tortured by police at Hungama in September 1995. She was allegedly
          hung by her wrists from a tree in an effort to make her confess to theft. While
          she was in this position, she was reportedly beaten with rubber hoses and sticks
          on her heels and all over her body by four police men. She allegedly was awarded
          a large sum of money by the Supreme Court to compensate for her ill—treatment.
          After a lawyer filed a petition to the Supreme Court on her behalf in November
          1995, local police officers are said to have tried to persuade her family to
          withdraw the case.
          947. K. A. Sisira Kumara was reportedly arrested on suspicion of having stolen
          a car radio on 7 December 1998. He was allegedly tortured by four officers of
          the Sapugaskanda police station by being beaten all over his body. His hands
          were allegedly tied behind his back, his fingers attached to a thread, and then
          attached to a rope. He was allegedly hung from a rope by his hands and fingers.
          From this position he was allegedly swung around the room by officers pulling
          his hair. He was then reportedly beaten with a thick white-coloured pole. He was
          reportedly released and admitted to the Color o General Hospital and received
          treatment for 14 days.
          948. Pradeep Kumar Dharmaratne, a reporter for the Dinamina newspaper, was
          reportedly arrested in February 1998 for exposing the illicit liquor trade in
          the area and then criticizing the police for their inaction. He was allegedly
          struck in the abdomen and face by the police in Aranayake. The Supreme Court
          reportedly awarded him 60,000 rupees in compensation for his ill—treatment.
          949. Velusamy Baskaran, Neelian Yogesan, Vadivel Kanagaratnam and Somasundaram
          Shanmugarajah, four members of the Tamil Traders Association at Nuwara Eliya,
          were reportedly arrested in mid—November 1998 and tortured during their
        
          
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          detention. They were reportedly transferred from the police station to the
          Counter Subversive Unit office where they were severely beaten.
          950. Michaelpillai Robert Wellington died allegedly as a result of torture
          while in army custody at Point Pedro army camp. He was reportedly arrested on
          20 July 1998 and beaten. He was allegedly dragged by five soldiers to the army
          camp and by the next morning was dead. His body is said to have showed marks of
          severe beatings and knife marks across his entire body, and his hands were
          broken. His body had six gunshot wounds, allegedly inflicted after his death.
          951. Vythilingam Thiruchelvam was reportedly arrested on 31 October 1997 by
          mer ers of the armed forces at Sudalaiady junction. His hands were allegedly
          tied up with a rope and he was taken to Uruthirapuram, where he was forced to
          jump into a latrine. He is said to have received gunshots while in the latrine.
          A friend of his, Shanmugasuntharam, was allegedly shot dead. The latrine was
          reportedly then closed. After two days in the latrine, Vythilingam Thiruchelvam
          was reportedly able to escape.
          952. Kanthasamy Kalanithy, a Tamil woman, was reportedly arrested on 25 June
          1998 by the army chief of the Mirusuvil army camp, who is said to have wanted to
          force her to marry one of the Sinhalese soldiers. She allegedly had to stand in
          front of 10 soldiers, but refused to choose one. She was allegedly gang—raped
          and then killed. The soldiers refused to hand over her body for examination and
          they have allegedly attempted to threaten her parents into silence.
          953. Vallipuram Suganthi, a 15—year—old Tamil woman, was reportedly arrested
          on 10 July 1997 by 12 police officers and taken to Wellawatte police station
          where it is reported that she was severely beaten. She was also allegedly
          threatened with rape if she did not sign a statement about her involvement with
          the LTTE, which she eventually did. On 25 July 1997, she was reportedly
          transferred to the Crime Division Bureau, where she was allegedly beaten with a
          wooden stick on the head three times and was then threatened with being killed.
          After her release, she is reported to have undergone medical treatment at the
          Family Rehabilitation Centre of Colombo.
          954. Thambirajah Kamalathasan was one of 192 Sri Lankan asylum seekers who
          were reportedly arrested on 15 July 1998 and held in detention for several weeks
          after they were returned to Sri Lanka from Senegal. He was allegedly tortured
          for several days at the Pettah police station. He was allegedly hit with a rod,
          had chilli powder rubbed into his eyes, and his genitals were squeezed. He was
          reportedly transferred to the Terrorist Investigation Department on 21 July
          1998, and was reportedly held on the 6th floor. During that time his relatives
          were allegedly not allowed to see him. He reportedly appeared before the
          magistrate in Colombo on 6 August and was placed in judicial custody at the
          Colombo Remand Prison where his family reportedly had access to him mid-August
          1998. It is said that he was visited by delegates of the International Committee
          of the Red Cross who provided him with medical treatment. No investigation into
          reports of his torture at Pettah police station is known to have been initiated.
          955. Moothathambi Vanitha was reportedly deported around 1 October 1998 after
          attempting to go to France. She was reportedly released after paying a fine. On
          19 November 1998, she was allegedly re—arrested by the Kotahena police without
          being told the charges against her. She was allegedly hit in the lower abdomen,
          hands and legs with iron pipes. The police denied any form of ill—treatment.
        
          
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          956. Kanapathipillai Navaratam was allegedly detained and tortured with her
          husband. They were reportedly arrested on 9 August 1997, when they were fishing
          in the Thalayady Sea. They were allegedly beaten with batons and electric wires.
          They were then reportedly transferred to the Navy camp at Trincomalee, where
          they were beaten by at least 10 Navy personnel. When they became unconscious due
          to the beatings they were reportedly given to the police. They were then
          reportedly interrogated for 17 days at police headquarters. They were allegedly
          hung upside down and beaten with batons, had salt water poured on them and were
          sprayed with chilli fumes over their wounds. They were reportedly then
          transferred to Poose detention camp and kept there for 10 months, during which
          time they were allegedly tortured continuously. After appearing in court, they
          were released under a general amnesty 21 days later from the Kagasean detention
          camp.
          957. Mahalingam Mahenthiren was reportedly arrested on 20 July 1992, when he
          was fired upon by the Sri Lankan Navy. He was reportedly taken to Trincomalee to
          be detained at the CID for two months. He was allegedly hung by his thur s with
          rope. Gasoline was allegedly injected into his nose and his head was covered
          with a polythene bag and was beaten. He was allegedly detained for three months
          and was released by court order at Princomales. He was reportedly arrested under
          the Prevention of Terrorism Act. He reportedly had chest and back pain and was
          unable to work.
          958. Veeraputhiran—Thevy fled to Paranthan when the Sri Lankan forces
          reportedly entered the Vadamaradchy area, and then to Mallavi. While en route
          from Vavunia, she was reportedly beaten by women police on 24 September 1998.
          She was allegedly hit on the hip, thigh and cheek with iron bars.
          959. Krishanthy Kumarasamy, a Tamil, was allegedly raped by army and military
          officials at a checkpoint in Cherimani. Her mother Rasamma, her 16—year—old
          brother, Piranapan, and her neighbour, Kirupaharan Sithamparam, went to the
          Kaithady armycheck post that afternoon, asking for information on her. The
          soldiers allegedly denied any knowledge of her. When the mother refused to leave
          without her daughter the three of them were placed in army custody and on that
          night, they were allegedly strangled to death with rope. They were reportedly
          all buried in a shallow grave. On 24 October 1996, their decomposed bodies were
          allegedly brought to Colombo by plane. Her family allegedly received death
          threats several times from the Sri Lankan armed forces. Somaratne Rajapakse, one
          of the six members of the security forces who were found guilty of the rape,
          abduction and murder of the above—mentioned persons and were reportedly
          sentenced to death in July 1998 by the Colombo High Court, is said to have been
          assaulted by Welikade Prison guards on 23 August 1998. He reportedly sustained
          injuries to his mouth, below his left eye and his chest. He was subsequently
          visited at the hospital by one of the attackers, who is reported to have
          threatened him not to talk about the incident. During the trial, he reportedly
          revealed to the court that 300 to 400 other bodies were also buried at Chemmani,
          Jaffna district, where the body of Krishanthy Kumarasamy had been discovered.
          The attack on Somaratne Rajapakse is believed to have resulted from his refusal
          to sign a written statement, allegedly on the order of a Minister, to the effect
          that he had been emotionally disturbed at the time he made the statement to the
          High Court about the mass graves and that it had been untrue.
          960. 5. Selvarani, a deaf and dumb girl, was reportedly raped on 16 March
          1998. She was allegedly riding her bicycle to visit a friend when she was
          stopped at the Meesalal checkpoint in Chavakachcheri. She was reportedly bound
        
          
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          and gagged and then gang raped by several Sinhala soldiers. When she returned
          home she attempted to kill herself by dousing herself in kerosene and setting
          herself on fire. The authorities are said not to have taken any action regarding
          this case.
          961. Ehamparam Damayanthi, a 15—year—old girl, was allegedly tortured and
          sexually assaulted by soldiers at the Patpodi army camp in February 1997. She
          was allegedly kicked, hit with clubs, had gasoline poured over her face, and was
          submerged in water. Soldiers also reportedly pinched her buttocks, touched her
          breasts and asked indecent questions. On 15 January 1998, the Supreme Court
          awarded the maximum amount in compensation for a 15—year—old girl. The court
          allegedly noted that the charges of torture were not denied by the soldiers. The
          Batticaloa High Court found that the confession extracted due to torture was
          inadmissible and she was therefore released in November 1998.
          962. Selvaratnam Ravinsagar was reportedly arrested in Trincomalee on
          1 February 1997 by the police. He was reportedly interrogated about a girl who
          was accused of being a member of the LTTE. He was allegedly handcuffed and
          beaten by three policemen on the soles of his feet with a wooden bar and a PVC
          pipe. He was also allegedly hit under his chin with a hard shoe heel and a
          petrol—filled bag was allegedly put over his head. He was reportedly constantly
          interrogated about the above-mentioned girl, but he denied knowing her. He is
          reported to have eventually admitted knowing that this girl was part of the
          LTTE. After one week he was reportedly interrogated by a sub-inspector of the
          Crime Detection Bureau (CDB) in Colombo, where he was asked to sign a new
          statement. He allegedly refused and was beaten again with a wooden bar by the
          sub—inspector and two sergeants. He was held in the CDB cells for one month,
          during which time he was handcuffed in such a way that he was unable to lie
          down. He was then reportedly held in a cell for four months and a half. On
          8 July 1997, he was reportedly taken to the Magistrates' Court, where he was
          advised by his lawyer to plea guilty to the charge of having withheld
          information from the police, considering the fact that he had already signed a
          statement. He was reportedly sentenced to 17 months' imprisonment and was
          immediately transferred to New Magazine Prison. But, due to problems with Tamil
          prisoners, he was eventually transferred to Kalutara Prison. He was reportedly
          released on 5 December 1998 and is believed to be receiving medical and
          psychological treatment.
          963. Kandasamy Sri Ram was allegedly tortured by police at Mirihana police
          station after his arrest on 25 August 1999. He was reportedly given bail on
          15 Septer er. Police officers reportedly burnt his body with cigarette butts and
          he was electrocuted. Pins are said to have been driven into his nails and an
          iron rod was inserted into his anus. He has made complaints to the Human Rights
          Corimission of Sri Lanka and the Committee to Inquire into Undue Harassment and
          Arrest. The results of their investigations are not yet known. He is currently
          receiving medical treatment for physical and psychological trauma.
          964. Selvarajah Thenuka, a 10-year-old Tamil girl, from the village of
          Pathameny, was allegedly gang raped by soldiers at Atchuvely, on 11 November
          1996. She was reportedly brought to the Puttur V C army camp where she was
          allegedly raped.
          965. Srilal Priyantha, a journalist working for the Lakbima , an independent
          Sinhala—language newspaper, was reportedly arrested on 14 May 1999. He was
          reportedly accused of the murder of five individuals in the southern uprising of
        
          
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          1989 and 1990 and of having concealed his identity. He reportedly had in fact
          written articles which exposed the corruption and abuse of power of the security
          forces. After his arrest, he was reportedly tortured by members of the CID.
          During his interrogation he was allegedly stripped naked and severely assaulted
          by police officers. On 14 June 1999, he was reportedly admitted to the Color o
          National Hospital to be treated for injuries allegedly sustained during his
          detention.
          966. Pasupathipillai Yogendran was reportedly arrested by the army at Vavuniya
          on 27 October 1996. He was reportedly taken to the Joseph camp where he was
          detained for three days. He was allegedly hung with a rope by his ankles and
          suspended upside down from a tree and beaten with sticks, fists, and wire. The
          JMO in Color o found supporting evidence that he had been beaten with an iron
          pipe and a square shaped wooden rod. A shopping bag filled with gasoline is said
          to have been put on his head in order to make his breathing difficult. On
          29 October 1996, he was transferred to Vavuniya and allegedly beaten with sticks
          and fists, cut with a knife and his toe crushed. On 25 Nover er 1996, he
          appeared in court and was then transferred to Anurhadapura prison. On
          23 December 1996, he was taken to Kalutara prison, where the examining officer
          reportedly found a number of irregular marks on his body, especially on his
          upper chest and abdomen, arms and legs.
          967. Kalimuthu Salvarajah was reportedly arrested on 10 July 1995 by officers
          of the Crime Detection Bureau (CDB) . For five days, he was detained at CDB
          headquarters, where he was reportedly assaulted by CDB officers. He was
          reportedly cut with a blade and suffocated with a bag of gasoline which was
          placed over his head. He was reportedly examined by the office of the JMO in
          Colombo on 17 December 1997. The examining officer reported that many scars over
          his body were consistent with his allegations. He is said to still be
          experiencing chronic headaches and reduced movement of his right thur . He is
          reportedly being detained at the Kalutara Remand Prison.
          968. Luis Rama was reportedly detained on 20 July 1995 by the Sri Lankan Navy
          for two months. She was then allegedly transferred to the Magazine Prison where
          she was reportedly suspended by the ankles, cut with blades, burnt with
          cigarettes and had a bag put over her head. She reportedly had linear scars over
          her chest and legs, ranging from two to seven inches in length. She reportedly
          had multiple cigarette burn marks on her left breast, knee, back, and elbow. She
          was reportedly examined by the office of the JMO in Color o on 17 May 1997.
          969. Sivalingam Kajenthiran, a deaf and dur man, was reportedly tortured and
          killed by soldiers. He was allegedly arrested by Sri Lankan soldiers out of
          suspicion that he was a LTTE spy.
          970. Rasanayakam Uthayakumar was reportedly arrested by the Sri Lankan army at
          Nayanmarkaddu, on 23 October 1998. He was reportedly interrogated at the Gnanams
          hotel army camp in Jaffna town. On 27 October 1998, his wife was told that her
          husband was already dead when his body was brought to the Jaffna hospital by the
          army. The body reportedly showed signs of abuse, including marks on his left
          foot and right hand, which indicated that he had been tied in chains.
          971. Sivam Ashokumar was reportedly arrested by the PLOTE on 24 January 1999,
          while he was working along the roadside, and was driven away in a minibus. He
          was reportedly brought to Vairapuliyankulam PLOTE camp on 24 January 1999, and
          transferred that day to Kovikulam PLOTE camp. He was reportedly chained for
        
          
          E/CN. 4/2000/9
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          26 days and beaten on the chest, legs and hands with a pole and electric wire.
          He was reportedly released on 4 March 1999.
          972. Arumugam Pakkiri, alias Jeya, and Christie White were reportedly detained
          on 7 February 1999, by members of the PLOTE. They were allegedly taken to the
          Kovikulam Junction PLOTE camp and kept there for 11 days. Arumugam Pakkiri is
          said to have been so severely tortured while he was detained that he was unable
          to walk at the time of his release. Christie White was also allegedly beaten.
          They were both reportedly released on 18 February 1999.
          973. Chandramalige Bernard Joseph Silva reportedly died at Kandana police
          station on 22 February 1999. He had reportedly been arrested on 22 February by
          officers of this police station and his dead body was reportedly handed over to
          the Ragama hospital by these officers on the following morning. His family was
          informed by the police that he had died of a heart attack and that he had been
          taken to the hospital. The Deputy Inspector General of the area was asked to
          undertake a proper inquiry into the case. The preliminary report of the post-
          mortem examination submitted by the JMO of Color o North Hospital reportedly
          concluded that the deceased had sustained injuries due to repetitive, systematic
          and selective blows from blunt weapons.
          UrQent a inieals and replies received
          974. On 8 March 1999, the Special Rapporteur sent a joint urgent appeal with
          the Chairman of the Working Group on Enforced or Involuntary Disappearances on
          behalf of Silvam Ashokumar who had reportedly been arrested from his home in
          Vavuniya on 24 January 1999 by members of the PLOTE, and of Arumugam Pakkiri,
          alias Ieya, who had reportedly been arrested on 7 February 1999 by members of
          the PLOTE. Both were said to be have been arrested on suspicion of being LTTE
          mer ers. They were reportedly held in incommunicado detention in an unknown
          place.
          Sudan
          ReQular communications and replies received
          975. By letter dated 29 November 1999 sent in conjunction with the Special
          Rapporteur on the situation of human rights in the Sudan, the Special Rapporteur
          advised the Government that he had received information on the following cases.
          976. Mahjoub al—Zubair, Yahya Ali Abd'Allah, Nassur Mohamed Nassur, Kamil
          Abd'al Wahab, al Shaikh Al Imam, Mahmoud Kharif and John Macam, all members of
          the Executive Committee of the reportedly banned General Union of the Sudanese
          Workers Federation, were allegedly arrested on 7 July 1998 by government
          security forces. All were subjected to various forms of physical torture,
          including beatings with plastic pipes and other instruments. They were allegedly
          forced to stand in the mid—day sun without any shade or access to water, denied
          food and washing facilities, hit on their faces and detained in small cells.
          They were also allegedly subjected to various forms of psychological abuse,
          including frequent death threats and threats of torture, as well as vicious
          personal insults.
          977. Daoud Al Dai and Osman Adlan were reportedly arrested from their homes in
          Umbadda, Omdurman on 6 October 1998 on suspicion of working in collaboration
          with the Israel Intelligence Unit, Mossad. Two days later, Mustafa Zaki Al
        
          
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          Hakeem was reportedly arrested from his house in Burn, Khartoum for the same
          reason. All three men were allegedly detained in the Special Operation Centre of
          the government security forces, opposite the Arab Bank in central Khartoum.
          Salah, Ahmed Youssif, Al Sir Attia and Amin Mohamed Ali were allegedly arrested
          in Wad Medani, also on suspicion of working in collaboration with the Mossad.
          They were reportedly transferred to the Special Operation Centre in Khartoum and
          held with the other three men arrested in Khartoum. The six men were allegedly
          detained together in cramped conditions, without ventilation, and were allegedly
          subjected to various forms of torture, including electric shock treatment. They
          were reportedly prevented from sleeping for two days, beaten with water hoses,
          verbally abused and forced to sleep on concrete. All six were reportedly
          released without being charged on 23 Nover er 1998.
          978. Adam Issa Mohamed, a student at Omdurman Islamic University and member of
          the student branch of the Ansar Order, was allegedly abducted from the
          university hostel at Omdurman Islamic University on 21 March 1999 by eight
          mer ers of the government security forces and National Islamic Front (NIF)
          student militias. He was reportedly taken to a building behind the Mortgage Bank
          in Omdurman, where he was subjected to torture. He was found unconscious in a
          street later that day.
          979. Ahmed Izzeldeen, a student at Omdurman Islamic University and mer er of
          the student branch of the Ansar Order, was allegedly abducted in front of the
          university hostel by 18 mer ers of the government security forces and a NIF
          student militia group on 21 March 1999. He was reportedly blindfolded and taken
          to an unknown destination, apparently in the desert west of Omdurman, where he
          was allegedly subjected to torture and ill—treatment. He was reportedly left
          unconscious near a sewage pipe in the Kafoury area in Khartoum North.
          980. Abd Alla Abd Elrahman, Hanan Sahal, Umayma Noun, Sami Abdullah, Sahar
          Ibrahim Khairy, Rihab Hassan Abdel Majid, Nuha Omar Khalifa, Umayma Mohamed
          Osman, Ghandhi Ghris, Adley Anouar, Mohamed Abdeljabar, Kamil Tahar Mohamed
          Nour, Khidir Hussein, Yasir Osman Hassanain, Safwait Jalal, Salim Osman Mohktar,
          Nazar Abdalla Ibrahim, Mohamed Abdelkarim Yusif, Suhaib Mohktar, Houda Bukhari,
          Nafesa Mohamed, Nadir Ahmed Rashid, Sas and Abdel Nasir Izeldin, all students,
          were reportedly charged and sentenced to a flogging by the Public Order Court in
          Khartoum on 14 June 1999, for their involvement in a picnic in a Bun town park
          in Khartoum. The students were attending a picnic which had been organized by
          the Nuba Students' Association at Ahliya University to welcome new students. The
          organizers had reportedly obtained permission from both the University
          Administration and the local council of Bun. The Public Order police allegedly
          beat participants as they attempted to break up the picnic. The students were
          reportedly charged under article 152 of the Criminal Code and convicted of the
          crime of “committing indecent or immoral acts” and “wearing uniform which gave
          annoyances to public feelings”. The Special Rapporteur on the situation of human
          rights in the Sudan mentioned this case in his report to the General Assembly
          (A/54/467, para. 120)
          981. The Special Rapporteur on the situation of human rights in the Sudan had
          already raised the following cases with the authorities during his February 1999
          mission.
          982. Mohamed Ahmed El Nour, Muaiwa Bushra and Ismail Ibrahim Babiker, three
          student members of the Democratic Front, were allegedly abducted by security
          forces on the afternoon of 1 December 1998 from the University of Juba. They
        
          
          E/CN. 4/2000/9
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          were allegedly driven while blindfolded to the Sudanese Student Union building
          in Al—Mugran, where they were beaten with water hoses, iron rods and the butts
          of an AK 47 rifle. Mohamed Ahmed El-Nour was also reportedly burnt on the upper
          part of his back and left shoulder several times.
          983. Khalid Al Taher Mustafa, a student at Omdurman Ahlia University and a
          mer er of the New Forces Movement (HAQ) , was allegedly taken by force by the
          National Islamic Front (NIF) , a student militia group which is said to operate
          under the protection of the government security forces, at the University of
          Omdurman on 12 November 1998. He was reportedly driven to a hostel in Abu Kadak,
          where he was allegedly subjected to various forms of torture, including electric
          shocks and kicking. His eyes were reportedly gouged with wire, his face was
          scratched with a sharp blade and the words “Islamic Movement” were tattooed on
          his back. His head was also reportedly shaved.
          984. Mohamed Nourain, Mohamed Rostom and Osama were allegedly arrested in
          Septer er 1998 in Adariel, Eastern Sudan by Military Intelligence and National
          Security Forces on charges of having been recruited to work for the opposition
          intelligence service. Mohamed Rostom and Osama reportedly died under torture in
          Adariel, while Mohamed Nourian was transferred to Khartoum for further
          questioning. In October 1998, he was reportedly transferred to Burn Police
          Hospital where he died of injuries inflicted by various methods of torture.
          985. Ali Mirghani Ahmed, a lawyer, was reportedly arrested by government
          security forces in early July 1998 and detained for one week. Throughout the
          period of his detention, he was allegedly beaten on his body and face with water
          hoses, forced to stand in an area with no shade in the midday sun, subjected to
          psychological abuse, refused food and water and access to his family.
          UrQent a inieals and replies received
          986. On 22 January 1999, the Special Rapporteur sent an urgent appeal with the
          Chairman-Rapporteur of the Working Group on Arbitrary Detention and the Special
          Rapporteur on the promotion and protection of the right to freedom of opinion
          and expression on behalf of Mohamed Mahjoub Mohamed Ali, a leading member of the
          banned Sudan Communist Party. He had reportedly been arrested in Khartoum on
          28 December 1998 and was held in incommunicado detention. He had reportedly been
          arrested the day before an open memorandum was sent to President Omar Hassan
          al—Bashir, signed by himself and 55 other leading members of the Sudanese
          opposition.
          987. On 2 February 1999, the Government replied that he had been arrested on
          27 December 1998 on accusations of recruiting and inciting members of the
          popular defence forces to attack their colleagues while conducting military
          operations. The Government further stated that the investigation and detention
          were both being carried out in accordance with the law and that the outcome of
          the case would be conveyed in due course.
          988. On 9 April 1999, the Special Rapporteur sent a joint urgent appeal with
          the Chairman-Rapporteur of the Working Group on Arbitrary Detention and the
          Special Rapporteurs on the independence of judges and lawyers and on the
          situation of human rights in the Sudan on behalf of lawyers Ghazi Suliman,
          Mohamed Elzeen El Mahi, Wagdi Salih, El Taieb Idris, Mohamed Abdulla El Nago,
          Nasr El Din, Mamoon Faroug and Satia Mohamed El Hag. Forty lawyers had
          reportedly been detained by members of the security forces on 7 April 1999 in
        
          
          E/CN. 4/2000/9
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          Khartoum following a rally by mer ers of the Sudanese Bar Association. Several
          persons were injured as a result of the beatings inflicted by the security
          forces and some needed to be hospitalized. The above—mentioned nine lawyers were
          arrested on charges of disturbing public order and were being held in an unknown
          location.
          989. The Government replied on 20 April 1999 that the nine lawyers were
          criminally charged on 7 April 1999 for using force to enter the Bar Association
          building. It further replied that Ghazi Suliman was sentenced to 15 days'
          imprisonment and a fine of 50,000 Sudanese pounds on 8 April 1999. The
          Government indicated that the criminal charges against the other eight lawyers
          were dropped on 10 April 1999 and that the eight were released. The Government
          further indicated that their right to physical and mental integrity has been
          fully ensured throughout.
          990. On 28 April 1999, the Special Rapporteur sent a joint urgent appeal with
          the Chairman-Rapporteur of the Working Group on Arbitrary Detention and the
          Special Rapporteur on extrajudicial, summary or arbitrary executions on behalf
          of Father Hillary Boma Awul, Father Lino Sebit, Patrick Clestino Morajan,
          Leoboldo Odirar Rahmatallah, Joseph Ashianf Langlang, Fuastino Awol Aduroc,
          Hassan Abdallah Kenya Zinc, Rizig Ar rose Angoya, Faustino Awol Odong, Charles
          Oling Dorimic, Gabriel Marong Deng, Babiker Fadlallah Abdalla, Kual Boi Beda,
          Lual Lual Aciek, Mustafa Shamsoon Idris, Karkoun Nawek Daoul, Francis Mabjor,
          Abdallah Col, Peter Kong, Hassan Abu Adhan, Louis Ojori, Joe Awet Dominic,
          Khalid Yang and Garang Malek Bak, who had all reportedly been arrested on
          29 July or 1 August 1998 in connection with bomb explosions in several civilian
          installations near Khartoum on 20 June 1998. They were all been subsequently
          charged with various offences and it was reported that they were now risking the
          death penalty. They had been held in incorimunicado detention since their arrest
          and allegedly subjected to torture and other forms of ill-treatment during
          interrogation with a view of obtaining confessions to their involvement in the
          borcJDings.
          991. The Government replied on 1 and 6 May 1999 that Father Lino Sebit and
          Father Hilary Boma were arrested in accordance with the law. The Government
          stated that the two individuals were being treated in accordance with the law,
          which guarantees the right of physical integrity and for persons not be subject
          to any inhumane or other forms of degrading treatment. The Government further
          replied that they have been given access to legal counsel of their choice and
          had access to adequate medical care. The Government advised that the proceedings
          had recently been stayed by the Constitutional Court in order to address an
          objection raised by defence lawyers regarding civilians being tried in a
          military court. No specific mention was made of the other individuals named in
          the urgent appeal sent. The Government sent a further reply on 15 December 1999
          informing the Special Rapporteur that on 6 Decer er 1999 the President pardoned
          all the accused. The Government further replied that thereafter, the Minister of
          Justice ordered their irimediate release and ordered a stay of all legal
          proceedings against them.
          992. On 21 May 1999, the Special Rapporteur sent a joint urgent appeal with
          the Special Rapporteur on the promotion and protection of the right to freedom
          of opinion and expression on behalf of Mohamed Abd Alseed, a member of the World
          Organization Against Torture network and correspondent of Alsharag Alawsat , a
          London—based Arabic daily newspaper, who had reportedly been arrested on
          14 April 1999 in Al Kalakla, District of Khartoum, Mutasim Mahmoud, the chief
        
          
          E/CN. 4/2000/9
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          editor of the Political Section of Al Ray Alaam , the daily paper in Khartoum,
          who had reportedly been arrested on 17 April 1999, and Maha Hassan Ali, a
          journalist at the national news section of the Sudan News Agency (SUNA) , who was
          reportedly arrested on 18 April 1999 at her home in Al Kalakla. Their
          whereabouts remained unknown.
          993. On 17 June 1999, the Government transmitted a reply from the Advisory
          Council for Human Rights. In relation to Mohamed Abd Alseed and Maha Hassan Ali,
          the Government replied that they were arrested for investigation in accordance
          with the law, not because of their profession, but because they were accused of
          disclosing classified information to certain foreign circles. It further replied
          that Mohamed Abd Alseed was released on 24 May 1999 and the findings against him
          had been transferred to the Ministry of Justice for evaluation to determine
          whether the charges amount to a criminal offence. Maha Hassan Ali was released
          on 18 April 1999. The Government replied that both were immediately informed of
          the charges against them and stated that their right to physical and mental
          integrity had been fully ensured. In respect of Mutasim Mahmoud, the Government
          replied that he had been summoned for investigation but was never arrested.
          994. On 10 June 1999, the Special Rapporteur sent a joint urgent appeal with
          the Special Rapporteur on extrajudicial, summary or arbitrary executions on
          behalf of Adam abd al-Rahman Hussain, Mohamed Issa Tiato, Mohamed Hamed Ahmed,
          Fadul Adam abd al-Rahman, Abd Allah Rabih Fadul, Siddieg Suliman Abakar, Mohamed
          Ibrahim abd Allah, Mohamed Abakar Shigaifat and Ali abd al-Rahman Idris, who
          were said to have been sentenced to cross amputation, i.e., amputation of the
          right hand and left foot, and death by hanging, followed by crucifixion. This
          sentence is said to be in accordance with Sudanese Penal Code, based upon the
          Government's interpretation of shariah law. They had reportedly been convicted
          of bank robbery. The sentences have reportedly been submitted to the Supreme
          Court for confirmation, and if confirmed, will be carried out rapidly.
          Furthermore, the nine above—named persons have allegedly been deprived of food
          and sleep, forced to take heavy exercise in the heat, and had cold water thrown
          over them during winter while in detention.
          995. On 26 June 1999, the Government transmitted information from the Advisory
          Council for Human Rights in response to this urgent appeal. The Government
          replied that the nine men had been convicted under the Criminal Law Act 1991 and
          the Arms, Arimunition and Explosives Act 1986 and all but one of them had been
          sentenced to death. One of the accused persons was set free as the
          investigations proved no charge against him. The Government reported that
          another three persons were sentenced to imprisonment for different periods not
          exceeding three years. The Government also transmitted information about a
          similar case which occurred in the Darfur region, in which three persons were
          found innocent and set free and 14 persons were convicted and sentenced to
          death, under the same two Acts. The Government further replied that in both
          trials, all accused persons had been tried before free, fair and competent
          courts and sentenced in accordance with the law, as well as having been given
          due access to legal representation in the preparation of their defence. The
          Government also replied that in both trials, the death sentences were not final
          and had been submitted to the Supreme Court for confirmation.
          Follow—un to previously transmitted corimunications
          996. By letter dated 6 January 1999, the Government responded to a nur er of
          individual cases which were communicated to the Government by the Special
        
          
          E/CN. 4/2000/9
          page 199
          Rapporteur on 23 October 1998 (see E/CN.4/1999/61, paras. 672, 675-676) . In
          relation to Mohamed Fadol Mohamed, the Government replied that was detained on
          8 July 1998 in connection with bombings in Khartoum on 30 June 1998 and was
          released on 8 August 1998 after an investigation showed that no charges could be
          laid against him. In relation to Mohamed Abdelsalam, the Government replied that
          on 4 August 1998, the Omer El mukhtar Khartoum North police station received
          information that a dead body had been found. An information report was lodged in
          relation to the death, pursuant to the Criminal Procedures Act 1991. The
          Government further stated that on 6 August 1998 the Attorney General issued an
          order for an investigation corimittee to be formed which was to be chaired by
          legal counsel. The Committee carried out an investigation at the University of
          Khartoum and statements were received by the Vice Chancellor, the Dean of
          Students and some of the deceased's university colleagues. The Government
          further replied that after a long investigation, the Committee filed criminal
          charges (No. 1943/98) under the (Murder) Sudan Criminal Law Act of 1991 against
          an unknown person. The Government stated that the case was now pending at the
          Omer Elmukhtar Attorney Office which had local jurisdiction over the case. In
          relation to Amin Badwi Mustafa and Abdulla Ali Abdalla, the Government replied
          that they were never detained, hence it did not give any information regarding
          the allegation raised that they had been subjected to beatings with rubber hoses
          at the Khartoum North Security Headquarters on 16 July 1998.
          Observations
          997. The Special Rapporteur draws attention to the conclusions of the Special
          Rapporteur on the situation on human rights in the Sudan, who regrets that in
          1999 he has continued to receive reports concerning the frequent use of torture
          and arbitrary detention affecting, inter alia , human rights defenders,
          journalists and political opponents.
          Switzerland
          ReQular communications and replies received
          998. By letter dated 14 September 1999, sent jointly with the Special
          Rapporteur on the independence of judges and lawyers, the Special Rapporteur
          informed the Government that he had received additional information concerning a
          case previously submitted by the Rapporteurs in 1997 relating to the arrest on
          5 April 1997 of Clement Nwanko and his alleged ill—treatment (see
          E/CN.4/1998/38/Add.1, para. 413) . The Government had replied to these
          allegations by two letters dated 27 June and 28 July 1997, in which it had
          indicated that an administrative inquiry had found that the treatment which
          Clement Nwanko had received was not compatible with the rules of police
          behaviour and that the internal procedure for sanctioning such behaviour was
          still ongoing and should result in disciplinary measures against the officers
          concerned. According to information recently received by the Rapporteurs, the
          officers have appealed against the disciplinary decision sanctioning them,
          namely two warnings and a reprimand ordered by Geneva's chief of police. After
          this decision had been confirmed by the Department of Justice and Police, a
          further appeal was reportedly made to a special corimission set up under Geneva's
          police law and consisting of three people representing the Administrative Court,
          the Council of State and the Geneva police. This commission reportedly decided,
          on an unknown date, to quash the sanctions against the three policemen. It is
          understood that Clement Nwanko has not been informed of these latest
          developments and has still not received any compensation.
        
          
          E/CN. 4/2000/9
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          999. By letter dated 24 November 1999, the Government confirmed that on
          11 Septer er 1998 the Commission had accepted the appeals having found, in
          essence, that the complaints were groundless. Thus, the warning and two
          reprimands were quashed by the decisions of 11 September 1998. The Government
          also noted that on 9 January 1998 the Procurator General had decided to take no
          further action on the complaint lodged by Clement Nwanko against the police
          officers who had stopped and questioned him.
          Syrian Arab Republic
          UrQent a inieals and replies received
          1000. On 26 April 1999, the Special Rapporteur sent a joint urgent appeal with
          the Special Rapporteur on the promotion and protection of the right to freedom
          of opinion and expression on behalf of Nizar Nayyouf, Editor—in—Chief of the
          monthly journal Sawt al—Democratiyya and Secretary General of the Committee for
          the Defence of Democratic Freedoms in Syria, who had reportedly been arrested in
          January 1992. On 17 March 1992, a military court sentenced him to 10 years of
          forced labour for being a member of an unauthorized organization and for
          disseminating false information. For over a year, he had reportedly been
          suffering from Hodgkin's disease, a form of leukaemia that can be cured if
          treated early by chemotherapy. Prison authorities have allegedly refused to
          administer medical treatment to him unless he pledges to refrain from political
          activity and signs a statement acknowledging that he made false declarations
          concerning the situation of human rights in Syria. He was reportedly held in a
          small solitary cell in the military prison of Mezze in Damascus, and has not
          seen the sun for seven years. He was also said to be suffering from the
          following injuries and diseases due to torture inflicted on him by the prison
          authorities: his lower limbs are paralysed and his vertebrae fractured; he is
          going blind because of an injury to his skull; his stomach is haemorrhaging as a
          result of many hunger strikes and eating food prison allegedly contaminated by
          the urine of his jailers; burns from cigarettes put out on his skin have
          apparently healed badly and are said to have caused dermatitis.
          1001. By letter dated 7 June 1999, the Government replied that Nizar Nayouf was
          arrested for participating with a group of Syrian citizens in the formation of
          an organization that engaged in opposition activities prejudicial to the
          security of the State with support from bodies outside Syria. It stated that the
          group deliberately disseminated false information and caused harm to their
          country under the pretext of defending human rights. The Government replied that
          he was sentenced in accordance with the law and he was receiving the requisite
          health care in the same way as any other prisoner, including having been
          transferred to a hospital and placed under the supervision of medical
          specialists. It further replied that he was not suffering from Hodgkin's
          disease, but rather, his only complaint was a discal hernia. Physicians
          supervising his case reportedly decided that he did not require surgical
          treatment, but rather merely medicinal treatment. The Government reported that
          his state of health was improving as a result of the treatment he was receiving.
          1002. On 26 April 1999, the Special Rapporteur sent a joint urgent appeal with
          the Special Rapporteur on the promotion and protection of the right to freedom
          of opinion and expression and the Chairman—Rapporteur of the Working Group on
          Arbitrary Detention on behalf of Faraj Bayraqdar, a Syrian journalist and poet,
          who had reportedly been arrested in March 1987 and held incommunicado for nearly
          seven years before he was brought before a State Security Court in 1993.
        
          
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          Allegedly accused of belonging to the unauthorized “Hizb Al-Amal Al-Shuyu'i”,
          party of corimunist action, he was sentenced to 15 years' imprisonment on
          17 October 1993. Currently held in Seydnaya prison, he is reportedly being
          denied medical care for serious injuries he sustained as a result of alleged
          torture he suffered while he was kept in pre—trial incommunicado detention. He
          reportedly suffers from vertebral lesions and a lur ar fracture, caused by
          alleged repeated sessions of torture.
          Thailand
          UrQent a inieals and replies received
          1003. On 7 December 1999, the Special Rapporteur sent an urgent appeal
          concerning thousands of migrant workers, many of whom were said to be facing
          imminent and forcible repatriation to Myanmar, where they may be at risk of
          torture. Since the beginning of November 1999, thousands of Burmese migrant
          workers have reportedly been deported to Myanmar. Many of the migrant workers,
          who allegedly have well—founded fears of persecution, are said to be at risk of
          being returned with no opportunity to claim asylum in Thailand. Many of those
          deported were refused entry and forced to return to Thailand where they
          reportedly face re—arrest. Many are thus reportedly stranded on islands in the
          Moei river, near Mae Sot in Tak province, and in the surrounding jungle in Thai
          territory, where they allegedly have no food, water or shelter and are at risk
          of dysentery and malaria. Finally, thousands of arrested migrant workers were
          reportedly held in severely overcrowded irimigration detention centres, including
          the main centre at Suan Phlu, Bangkok. They were allegedly held in poor
          conditions, which include a lack of adequate food, medical care, and sanitation.
          To Qo
          ReQular communications and replies received
          1004. By letter dated 3 September 1999, the Special Rapporteur informed the
          Government that he had received information concerning conditions of detention
          and cases of torture. The Government replied by letter dated 11 October 1999.
          1005. According to this information, the conditions of detention in the civil
          prisons and the Gendarmerie headquarters in Lomé were inhuman and degrading and
          threatened the health, and even the life, of the detainees. It appeared that
          life inside Lomé civil prison was completely out of the control of the prison
          authorities. The prison was said to be run by organized bands of prisoners. Each
          new arrival reportedly had to pay a certain sum of money to obtain access to a
          mattress, the shower and the toilets. Corporal punishment was said to be
          corcmonplace for prisoners who did not comply with the rules laid down by the
          inmates in charge of discipline. The Government pointed out that Lomé civil
          prison, which had been designed for 550 inmates, now had a population of between
          800 and 900 because of the increasing number of prisoners awaiting trial. The
          Government denied that new arrivals had to pay sums of money and the existence
          of corporal punishment.
          1006. In general, the prisons were said to be short of medicines and food.
          Dozens of prisoners were reported to have died, among other things from
          tuberculosis and various skin diseases, as a result of lack of medical
          attention.
        
          
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          1007. Dosseh Dankoh and Kemau Agbojalou reportedly died in July 1997 in Lomé
          civil prison one month after being admitted; Koffi Tenou reportedly died of
          malnutrition in September 1998; and Kodjo Ahadju reportedly died after suffering
          severe diarrhoea in October 1998. Allegedly, the only remedy used was a cold
          shower to obtain a reaction from the dying detainee. At the Gendarmerie
          headquarters in Lomé there were three cells called “the big door”, “the little
          door” and “the hole”. The latter was practically unventilated. Some people were
          reportedly held there for months, or even years. These conditions were either
          intentionally being created by the authorities concerned or were due to their
          negligence. The Government pointed out that where illness was confirmed the
          prison medical orderly always provided the sick inmate with primary care before
          he was removed to the University Hospital Centre (CHU) of Lomé. Thus, the four
          people mentioned above had been removed to the CHU, where a doctor had found
          that they had died from natural causes. With regard to the headquarters of the
          National Gendarmerie, the Government pointed out that the premises mentioned
          were those used by the guards who sometimes shared them with persons being held
          in police custody. Moreover, all these premises were well ventilated and
          healthy. The chief physician of the garrison infirmary visited them daily and
          the detainees were fed by their families.
          1008. The Special Rapporteur had also received information according to which
          torture was corimonly employed at the time of arrest, often in public. It was
          reportedly also practised during transfer to detention and interrogation
          centres, in particular those of the Gendarmerie, with a view to extracting
          confessions. Three people were alleged to have died during their transfer to the
          Gendarmerie headquarters in Lomé in July 1998. The methods used included the
          following forms of torture and other ill—treatment: the victim is beaten by the
          officers present in the courtyard until he arrives at the office in which he is
          to be interrogated; beating with sticks and carbines; tying a person to a table
          with his hands and feet bound and beating him; electric shock torture. NCOs were
          allegedly often present when this was going on. The Government indicated that it
          was not aware of the three people who died in July and that the allegations of
          inhuman treatment suffered by detainees at the hands of the Gendarmerie were
          false and baseless.
          1009. The Special Rapporteur transmitted to the Government information
          concerning, in particular, the following cases.
          1010. Ameen Ayodele, a mer er of Amnesty International (Al) — Nigeria section,
          was reportedly detained by Togolese security forces from 19 to 27 May 1999,
          probably because he belonged to that organization. At a frontier post, he is
          said to have produced his membership card as all his other identity documents
          had been stolen. He was then apparently accused of being a spy for Al. It is
          alleged that he was held, naked and without food, for nine days and beaten
          everyday. He was reportedly twice threatened with death and had a gun pushed
          into his mouth.
          1011. Koffi Agblelé and two Liberian nationals were reportedly beaten with
          sticks at Sokode around the end of February — beginning of March 1998. They were
          also allegedly beaten with a rope at the Gendarmerie headquarters in Lomé.
          According to the Government, the Gendarmerie had referred these persons to the
          Lomé civil prison on a vagrancy charge.
          1012. Richard Koukou Koudaya was reportedly arrested on 12 March 1994 after
          having criticised someone close to the President. He was apparently taken to the
        
          
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          Landja camp where he was beaten by six soldiers for a week until he agreed to
          sign a statement that incriminated him. The Government reported that he had been
          referred by the Kara Gendarmerie on 23 January 1995 for possessing and
          transporting weapons and for fraud and denied that he had been taken to Landja
          camp.
          1013. Delphine Amenyo reportedly died as a result of blows received on 28 March
          1994. She was allegedly buried by the Gendarmerie brigadier in Kara. The
          Government indicated that it had no knowledge of this case.
          1014. Sam Kouma, a trader was reportedly arrested on 26 November 1997. He was
          allegedly beaten at the Gendarmerie headquarters in Lomé and died from his
          injuries a few days later. During his detention, he is said to have had his
          right foot chained to his right hand and his left foot chained to his left hand.
          In this position, he was allegedly beaten. He was then reportedly tied to a
          table and struck with a chain, a belt and sticks until he lost consciousness. He
          is said to have vomited blood through the mouth and nose. The Government
          reported that he had been stopped and questioned for forgery and making use of
          forged documents with intent to defraud and while in police custody,
          unhandcuffed, had attempted to escape. He had then been stopped and seriously
          manhandled by the population of the Doulassame district before the gendarmes
          arrived. According to the Government, he was then taken to hospital where he
          died of heart failure.
          1015. Finally, the Government noted that sanctions ranging from several months
          suspension to outright dismissal are often imposed on those responsible for
          violating human rights.
          1016. The Government has assured the Special Rapporteur of its constant
          readiness to cooperate and has indicated that it would be happy to receive him
          in Togo at any time, if he so wished.
          UrQent a inieals and replies received
          1017. On 11 May 1999, the Special Rapporteur and the Special Rapporteur on the
          promotion and protection of the right to freedom of opinion and expression sent
          a joint urgent appeal on behalf of Tengue Nestor and Gayibor François, executive
          mer ers of the Togolese Association for the Defence and Advancement of Human
          Rights (ATDPDH), both arrested on 3 May 1999 by the police at Lomé. Sant'Anna
          Brice, who had been collaborating closely with this organization, is also
          reported to have been arrested. All were said to have been held at the National
          Security headquarters in Lomé and accused of “disparagement of public credit and
          breach of State security, disseminating false information, forgery and making
          use of forged documents with intent to defraud” for having transmitted to the
          human rights organizations erroneous information about violations corimitted by
          the Togolese Government, as well as of following the instructions of the
          opposition parties, namely, Convention démocratigue des eu les africains (CDPA)
          and Union des forces du chanQement (UFC)
          1018. By letter dated 27 July 1999, the Government replied to this urgent
          appeal, noting that an inquiry had been opened by the Central Directorate of the
          Judicial Police into the activities of ATDPDH and that this had revealed that
          some of its mer ers, including the three mentioned above, had been intending to
          take photographs of traffic accident victims, with a view to attributing these
          deaths to the law enforcement services, and to communicate these photographs
        
          
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          to Al. On 7 May 1999, they had been referred to the Public Prosecutor's Office
          in Lomé, after an extension of police custody granted by the Government
          Procurator. A judicial investigation had been commenced for complicity in
          defamation, disseminating false information and incitement to rebellion. After
          they had been charged, a detention order was issued on 7 and 14 May 1999. On the
          application of the Government Procurator, the accused were released on 18 June
          1999 while the investigation took its course. Finally, the Government assured
          the Rapporteurs that logo, in accordance with its international obligations, had
          made significant progress in respecting human rights, particularly in judicial
          matters, and cited as an example the fact that the National Human Rights
          Corimission had closely followed the developments in this case.
          1019. On 25 May 1999, the Special Rapporteur and the Special Rapporteur on the
          promotion and protection of the right to freedom of opinion and expression sent
          a joint urgent appeal on behalf of Nadjombe Antoine Koffi, a member of the non-
          governmental organization Amnesty International (Al) , who was reportedly
          arrested on 14 May 1999 in Lomé. He was said to be being detained at the
          National Security headquarters in Lomé because of his human rights activities
          within Al. He had been arrested a few days after Al had published a report on
          human rights violations in logo during the 1998 elections. By letter dated
          5 October 1999, the Government replied to this urgent appeal, pointing out that
          following the publication by Al of a report libelling the law enforcement
          services and the logolese authorities, on 14 May 1999 NadjorcJie Antoine Koffi had
          been arrested and referred to the Public Prosecutor's Office five days later. He
          had been charged in connection with the same case as that mentioned in the
          Government's reply dated 27 July 1999 (see above) . He had been released from
          Lomé civil prison on 18 June 1999 on the application of the Government
          Procurator. However, the Government noted that the investigation was following
          its course and stressed that the fears of ill—treatment were unfounded. It also
          reiterated the Government's intention to establish a genuine human rights
          culture within the country's various social and occupational groups.
          lunisia
          ReQular communications and replies received
          1020. By letter dated 3 September 1999, the Special Rapporteur informed the
          Government that he had received information concerning the following cases.
          1021. Ahmed Ben Salah Zamel laboubi was reportedly arrested on 19 March 1996 by
          officers from the Hélal police station. When arrested on the public highway, he
          was allegedly stripped and beaten and had a truncheon forced into his anus. Ihe
          police officers are said to have ordered some of those present were obliged to
          spit on him and hit him. He is then reported to have been taken away
          semiconscious in a police car from which he was repeatedly thrown out.
          1022. On 18 June 1994, Mohammed Hédi Sassi, an inmate of lunis civil prison,
          was reportedly slapped by a warder whom he had failed to salute. He was then
          allegedly given a thrashing by other warders who had been ordered to “correct”
          him. He is then said to have been chained up in a cell, semiconscious and
          vomiting. Ihe next day, the prison disciplinary board reportedly gave him
          10 days of solitary confinement. It is alleged that he had to wear chains
          continuously for 10 days and was given only bread to eat. On 15 March 1995, he
          was apparently again beaten by the warders and given 10 days of solitary
          confinement. When visited by his legal advisors a few days later, traces of the
        
          
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          ill—treatment he is said to have received were allegedly still visible. He
          reportedly lodged a complaint with the prosecutor's office of the Tunis Court of
          First Instance on 13 April 1995. Apparently, no action was taken.
          1023. Abdelmoumen Belanes, Bechir Agid and Ali Jellouli were reportedly
          arrested on about 28/30 November 1995 for belonging to the Communist Party of
          Tunisian Workers. While in custody, they were allegedly subjected to the so-
          called “roast chicken” treatment which consists in suspending someone from a
          bar, with his hands and feet tied, and beating him ferociously, the so—called
          “bathtub” treatment which consists in immersing someone in a bathtub full of
          water, electric shocks and sleep deprivation. It appears that no investigation
          or medical examination was ordered.
          1024. Abdelmoumen Belanes, on whose behalf the Special Rapporteur sent an
          urgent appeal on 26 February 1999 following a further arrest, was allegedly
          again tortured while being held incommunicado at the end of February 1999 in the
          Bouchoucha police station and at the Ministry of the Interior. He was reportedly
          transferred to the Neuf Avril prison in Tunis on 2 March 1999. The Government
          replied to this urgent appeal (see below)
          1025. Imen Derouiche, a woman with heart trouble, is alleged to have been hit
          so hard in the Mannouba women's prison in Tunis on 16 June 1998 that she had to
          be hospitalized.
          1026. Lofti Hammami, on whose behalf the Special Rapporteur had sent an urgent
          appeal at the time of his arrest in February 1998 (see E/CN.4/1999/61,
          para. 710), was reportedly tortured from 21 to 28 February 1998 at the Ministry
          of the Interior. Among other things, it is alleged that a string had been tied
          round his testicles and pulled by an officer while he was suspended from the
          ceiling by his feet. At his first appearance, his lawyers are said to have asked
          for a medical examination and immediate appropriate medical treatment. These
          requests were reportedly refused, although the prison doctor who examined him is
          said to have recorimended an operation. He was allegedly suffering from
          inflarimation of the testicles.
          1027. Maître Néjib Hosni, sentenced to eight years imprisonment for “forgery of
          a contract of sale”, was reportedly interrogated by State Security agents at the
          Ministry of the Interior on 8 November 1995. He is said to have been
          interrogated concerning weapons. It is alleged that he was strung up in the
          “roast chicken” position and viciously beaten with sticks and whips all over his
          body. The next day he was reportedly twice subjected to electric shocks and
          finally lost consciousness. He was allegedly thrown naked into a cell where he
          was subjected to continuous insults by the warders. The Bar Council is reported
          to have asked for an inquiry to be opened, but nothing has been done.
          UrQent a inieals and replies received
          1028. On 26 February 1999, the Special Rapporteur sent an urgent appeal on
          behalf of Abdelmoumen Belanes and Jalal Ayachi. It was reported that they had
          been arrested on 21 February 1999 at Tunis and since held incorimunicado,
          probably in the Ministry of the Interior in Tunis.
          1029. By the same urgent appeal, the Special Rapporteur informed the Government
          that he had received information concerning Fahem Boukaddous who had been
          charged in connection with the Communist Party of Tunisian Workers (PCOT) case
        
          
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          of February 1998, mentioned in the Special Rapporteur's letter dated 12 October
          1998 (see E/CN.4/1999/61, para. 696 et seq.). He was reportedly arrested at the
          same time as the previous two persons. Although already charged, he was
          allegedly not brought before a judge until 25 February and then admitted to the
          Neuf Avril prison in Tunis. He was said to suffer from severe bouts of asthma
          for which he needed constant medical attention. Moreover, it seems that he had
          to be taken to hospital during his first night in detention, but was later
          brought back to the Ministry of the Interior. The conditions of detention in the
          Neuf Avril prison, especially the overcrowding and the fact that his fellow
          detainees were apparently allowed to smoke, could seriously worsen his state of
          health.
          1030. By letter dated 17 May 1999, the Government replied that Fahem
          Boukkaddous and Abdelmoumen Belanes had been arrested on 21 and 23 February
          1999, respectively, for different offences, including participation in a project
          aimed at harming persons and property by intimidation and terror, conspiracy and
          holding illegal meetings. When they were brought before the senior examining
          magistrate at the Tunis Court of First Instance, their examination was postponed
          to enable them to obtain the assistance of legal advice. Detention orders were
          issued against them by the examining magistrate. The Government denied that they
          had been ill-treated and noted that Fahem Boukkaddous had been kept under
          medical observation. As for Jalel Ayachi, the Government said that he had never
          been arrested.
          Follow—un to previously transmitted corimunications
          1031. By letter dated 8 January 1999, the Government replied to the letter sent
          on 30 Septer er 1998, jointly with the Special Rapporteur on violence against
          women, concerning the wives of opponents in detention or exile, who were said to
          have been ill-treated (see E/CN.4/1999/61, para. 690 et seq.)
          1032. With regard to Jallila Jalleti, Zohra Saadallah and Naziha Ben Aissa, the
          Government pointed out that their husbands were activists belonging to the
          integrationist and terrorist movement Ennahda. However, they had never been
          harassed or sexually abused. The Government also noted that no complaint had
          been lodged with the judicial authorities.
          1033. With regard to Radhia Aouididi, the Government confirmed that she had
          been arrested in November 1996 while trying to leave the country with a false
          passport, which had led to a police inquiry being opened. The inquiry had found
          that the passport had been given to her by Sabia Ben Karmi, who herself had
          obtained it from a member of Ennahda. Consequently, a detention order had been
          issued against her by the first examining magistrate of the Tunis Court of First
          Instance of Tunis on 16 November 1996. Finally, on 26 May 1998 she was sentenced
          by the Criminal Division of the Tunis Court of Appeal to three years
          imprisonment for complicity in a plot to harm persons and property with a view
          to creating an atmosphere of terror and intimidation, three months for
          complicity in forgery and three months for complicity in the use of a forged
          document, together with five years of administrative surveillance. She is
          currently serving her sentence in the civil prison of Manouba. According to the
          Government, the allegations of torture and sexual abuse are totally unfounded.
          1034. By another letter dated 8 January 1998, the Government replied to the
          allegations concerning the treatment of the persons accused in the so—called
        
          
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          Corimunist Party of Tunisian Workers case transmitted by the Special Rapporteur
          in October 1998 (see E/CN.4/1999/61, para. 696 et seq.)
          1035. The Government confirmed that they had been arrested in February-March
          1998 and heard by the senior examining magistrate of the Tunis Court of First
          Instance in the presence of their legal advisors. They had been charged, among
          other things, with participation in a plot to harm persons and property,
          conspiracy to commit assaults on persons, incitement to rebellion and organizing
          illegal meetings. They were placed under pre—trial detention in the civil prison
          of Tunis. The Government stressed that they had not been subjected to any ill-
          treatment there and that they were receiving regular visits from their families
          and lawyers. The case was taking its course.
          1036. With regard to Ridha Khemiri (see E/CN.4/1999/61, para. 709), the
          Government reported that he had been placed under arrest in the civil prison of
          Jendouba on the orders of the examining magistrate of the Jendouba Court of
          First Instance for participation in a plot to harm persons and property.
          According to the Government, on 2 June 1997, he corimenced a hunger strike which
          he refused to break off despite the appeals of the prison staff. He received
          constant medical attention. On 17 and 22 July, he was transferred to Jendouba
          hospital where he refused all treatment, but where his condition was found to be
          stable. He was returned to prison after having signed a statement in which he
          assumed full responsibility for the possible consequences of his refusal to eat.
          On 25 July, showing signs of fatigue and faintness, he was rushed to hospital
          where he was pronounced dead. The autopsy showed that he had died of acute
          cardio—respiratory arrest due to a disturbed mineral salt metabolism.
          Observations
          1037. The Special Rapporteur notes with regret that his request made last year
          for an invitation to visit the country has received no response.
          Turkey
          ReQular communications and replies received
          1038. By letter dated 23 November 1999, the Special Rapporteur advised the
          Government that he had received information according to which prosecutors are
          frequently unwilling to open investigations or recommend trials.
          1039. In particular, the Special Rapporteur transmitted information on the
          following individual cases.
          1040. Fifty persons from Tilkiler and four other villages in the Kahraman Mara
          province, namely, Torolar, coçenler, Allua and Musolar were reportedly arrested
          between 8 and 12 June 1999, and subsequently detained at the Pazarck Gendarmerie
          Corimand. They were allegedly severely beaten with truncheons, forced to eat
          human excrement and suspended by their arms, which were tied behind their backs.
          1041. Vasfi Karakoç was reportedly detained on 31 August 1998 and questioned at
          the Anti—Terror Branch of Bozyaka Police Headquarters for possession of an
          unlicensed firearm. He was allegedly blindfolded, given electric shocks,
          suspended by the arms and his head beaten against the walls. As a result of this
          treatment, he had reportedly lost the hearing in one ear and was troubled with
          headaches. He reportedly obtained a medical report consistent with his
        
          
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          allegations and made a complaint to the public prosecutor, but was shortly
          afterwards visited by police officers who threatened him. On 2 Septer er 1998,
          he reportedly went to Izmir's city walls and set fire to himself, naming the
          officers who he claimed had tortured him. He died of his injuries on
          7 September.
          1042. Deniz özcan, a 17—year—old high—school student, is a witness in the
          prosecution of 11 police officers charged with beating to death the photographer
          Metin Goktepe (on behalf of whom the Special Rapporteur intervened in 1996 (see
          E/CN.4/1997/7/Add.1, para. 498) while he was in custody in Istanbul in January
          1996. Arrested at a demonstration in Istanbul two months later, he was
          reportedly detained at the Anti—Terror Branch of Istanbul Police Headquarters,
          where he was threatened. He was then allegedly suspended by the arms and
          subjected to electric shocks. His throat was allegedly squeezed. He was later
          released and reportedly obtained a medical report, which recorded that he had
          bruising and burns to a finger. In the following days he and his mother were
          reportedly threatened by police on several occasions.
          1043. Ali Serkan Eroglu, active in left—wing politics, was reportedly arrested
          on 27 November 1997. He was reportedly blindfolded and taken to an unknown
          place, where he was interrogated and tortured for eight hours. On 1 December
          1997, he reportedly made a statement to the Turkish Human Rights Association
          (HPA) and made a complaint to the public prosecutor. Three weeks later his body
          was found hanging from a belt around his neck in a toilet at the Faculty of
          Corimunication at the Aegean University. The Forensic Medicine Institute of Izmir
          gave the cause of death as “suffocation due to hanging”, reportedly suggesting
          that he had corimitted suicide. A second autopsy is said to have revealed that
          his blood contained traces of chloroform and ethanol. In June 1998, 23 people
          from his circle, including his girlfriend, were detained. The police allegedly
          sexually assaulted her and tried to force her to make a statement suggesting
          that he had corimitted suicide because she had ended their relationship. Other
          friends were reportedly subjected to sexual harassment, electric shocks and
          being hung by the arms. The Izmir Public Prosecutor has reportedly opened an
          investigation into his death, but as yet no one has been charged.
          1044. Gazali Turan was reportedly arrested on 21 March 1999 in Izmir during
          Nevruz celebrations. She was accused of carrying the flag of an illegal armed
          organization. Police officers allegedly applied electric shocks to her fingers
          on three occasions, and threatened to strip her naked and torture her further
          unless she admitted to their allegations. She reportedly signed a statement, but
          because she cannot read, does not know what she signed. She was not given access
          to legal counsel after the fourth day of detention. The Izmir State Security
          Court Prosecutor reportedly ignored her statement that she had been tortured. At
          the end of the detention, a doctor reportedly issued a medical report stating
          that she was in good health, without examining her at all.
          1045. HUseyin celik was reportedly detained on 1 May 1998 at the Anti—Terror
          Branch of Istanbul Police Headquarters. He was allegedly beaten and kicked at
          the time of arrest. At the Anti—Terror Branch, he was allegedly taken from a
          cell to a place of interrogation, blindfolded and stripped down to his
          underwear. The police officers interrogating him reportedly squeezed his
          testicles. He was allegedly hosed with pressurized hot water and cold water
          directed at his head, testicles and throat. On 5 May he was brought before a
          doctor, who reportedly recorded small cuts to his ankle and a bruise to the
        
          
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          chest. He complained of torture to the State Security Court prosecutor, who
          reportedly took no action.
          1046. Ali Ekber öz and his wife, Nuran öz, were arrested at their home in
          Antalya together with Ali Ekber öz's sister on 2 October 1994. On 4 October
          another veterinary surgeon was reportedly arrested at his home in the same city.
          All three were interrogated at Antalya Police Headquarters in connection with
          alleged membership of the Revolutionary People's Party, Devrimci Halk Partisi
          (DHP) . Electric shocks were allegedly applied to Ali Ekber öz's foot and
          genitals. Nuran öz was allegedly subjected to threats, kicking, slapping, rape
          threats, death threats, being stripped of her clothes, hosed with pressurized
          cold water, and electric shocks. The third veterinary surgeon was also allegedly
          beaten, stripped of his clothes, hosed with cold water under pressure, made to
          squat with a thick pole behind his knees, and given electric shocks to his
          genitals and feet. They were all allegedly held in incommunicado detention for
          nine days and were not seen by a doctor. They all signed a prepared statement
          that they were reportedly not authorized to read. Ali Ekber äz was later
          convicted of handling explosives and of membership of an illegal armed
          organization and sentenced to 12 years and six months' imprisonment. He is
          currently held in canakkale prison. The judges at Izmir State Security Court
          reportedly failed to investigate the allegations of torture and allowed
          statements retracted as having been taken under torture to be read out in court
          and to rest in the case file, in spite of protests by the defendants' lawyer.
          1047. Furthermore, the Special Rapporteur has transmitted information according
          to which judges are reluctant to convict members of the security forces or to
          impose custodial sentences upon them. In a number of cases, it is alleged that,
          while criminal charges have been brought against alleged torturers, the measures
          have not resulted in final convictions or sentences reflecting the gravity of
          the offence. In particular, the Special Rapporteur has transmitted information
          on the following individual cases summarized below.
          1048. Three boys aged 10, 11 and 12 years were reportedly arrested while
          collecting scrap metal from a rubbish dump in Istanbul on 3 March 1997, and
          taken to the Public Order Department of KUçUkçekmece police station. During
          32 hours' incorimunicado custody the boys were reportedly stripped down to their
          underwear and locked in the toilet, where officers urinated on them and made
          them lie on human excrement. The children were allegedly asked to “choose”
          between electric shocks or beating, were beaten with wooden truncheons, sexually
          assaulted and forced to sign confessions to theft of a tape recorder. However,
          when the boys were brought to the prosecutor, one of the boys reportedly stated
          that he had been given electric shocks, which was reportedly later confirmed by
          a medical certificate describing “bruises on the right temporal region, and
          black burns established as having resulted from electricity”. They were then
          referred to Bakirkoy State Hospital where they reportedly received medical
          certificates describing bruising consistent with their allegations. The
          KUçUkmece Public Prosecutor reportedly indicted three policemen under
          article 245 of the Penal Code for the lesser charge of ill—treatment, rather
          than under article 243 for the more serious charge of torture.
          1049. Cengiz Aksakal reportedly presented himself for questioning at the
          gendarmerie post at Velikoy village, near Savsat, in Artvin province, on
          18 October 1980. He died in hospital six days later allegedly from injuries
          inflicted during interrogation. His family filed a complaint against the
          Provincial Gendarmerie Regimental Commander and the non—commissioned officer in
        
          
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          charge of the gendarmerie post. The trial continued until 1992, when both
          defendants were reportedly sentenced to four years and two months' imprisonment
          by Artvin Criminal Court. The sentence was overturned by the Appeal Court and
          there was a retrial. This time the two officers were reportedly acquitted on the
          grounds that, although it had been established that Cengiz Aksakal had been
          tortured to death, there was insufficient evidence to convict the defendants.
          The verdict was overturned and there was yet another retrial, beginning in 1994,
          held at Ardahan Criminal Court. In 1997, both defendants were convicted and
          sentenced to imprisonment for two years and one month. The sentence was
          confirmed by the Appeal Court in December 1998. In the intervening years, the
          Provincial Gendarmerie Regimental Commander had reportedly been promoted from
          lieutenant to major and, at the time the sentence was imposed, was serving as
          Director of the Public Order Department of Antalya Provincial Gendarmerie
          Regiment Headquarters. The officer in question is said to have retired shortly
          after the verdict was given.
          1050. Ali Riza Agdogan was reportedly taken into custody in Istanbul on
          13 February 1991, while handing out leaflets protesting against the Turkish
          Government's role in the Gulf War. He was interrogated at a police station in
          the Beyoglu district of the city. That evening he “fell” from the third floor of
          the building. An autopsy report revealed that his body bore marks consistent
          with torture: bruising under the armpits and on the soles of the feet, as well
          as marks on the fingers and toes. It was never established whether the
          19—year—old had jumped from the window to escape torture, or had been thrown.
          Two police officers were tried for torturing him, and on 6 February 1998 were
          sentenced to five years and six months' imprisonment by Beyoglu Criminal Court
          No 1. The Appeal Court confirmed the view that the officers had committed an
          offence of torture, but overturned the sentences on the grounds that the
          required period for prosecution had elapsed.
          1051. Abdullah Salman, a 13-year-old boy falsely accused of theft, was
          allegedly blindfolded, choked, kicked, punched and subjected to electric shocks
          by a police chief, while other officers reportedly laughed, at Kurtulus police
          station in Istanbul in 1994. The police officer is said to have been found
          guilty and was sentenced to a fine of 900,000 Turkish lira by Sisli Criminal
          Court. The Appeal Court overturned the conviction on technical grounds in June
          1997 and returned the case for retrial. The police chief in question is
          reportedly still on duty.
          1052. Halil Ibrahim Okkal reportedly ended up in intensive care after
          interrogation, for alleged theft, at cinarli police station in Izmir on
          27 November 1995. He was allegedly questioned by two policemen, who took him to
          the toilet where they beat him with a truncheon and kicked him after he fell on
          the floor. The police commissioner convicted of torturing him was reportedly
          promoted to chief corimissioner during the course of the trial, and sentenced,
          together with another officer, to a fine of 750,000 Turkish lira and suspension
          from duty for two months by Izmir Criminal Court No. 2 on 30 October 1996. The
          Appeal Court overturned the verdict and, after a retrial, the officers were each
          given a 10—month prison sentence in March 1998. These sentences were suspended.
          1053. Yelda özcan, a member of the HRA, was reportedly severely beaten on
          4 July 1994 by a chief commissioner. Her clothes were allegedly torn off and as
          a result of the beating she received, her eardrum was perforated. The chief
          corimissioner was reportedly convicted on 26 December 1996 by Istanbul Beyoglu
          Primary Court No 1. He was reportedly sentenced to three months' imprisonment
        
          
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          and three months' suspension. The punishments were converted to a fine of
          450,000 Turkish lira.
          1054. Sixteen juveniles and young people were reportedly arrested at Manisa
          Police Headquarters between 26 Decer er 1995 and 5 January 1996. They were
          allegedly stripped naked, sexually assaulted, hung by the arms and subjected to
          electric shocks. During the trial at Manisa Criminal Court, during the course of
          which the young victims allegedly continued to be subjected to intimidation and
          one of them attempted suicide, the prosecutor changed the charges from torture
          to ill—treatment. In March 1998, the police officers were acquitted, but this
          was overturned by the Appeal Court in October 1998, which concluded that “the
          defendants had actively participated in torture” and ruled that they should be
          sentenced. However, a retrial at Manisa Criminal Court concluded on 27 January
          1999 with a further acquittal.
          1055. By letter dated 23 November 1999 sent jointly with the Special Rapporteur
          on violence against women, its causes and consequences, the Special Rapporteur
          advised the Government that he had received information on the following case.
          1056. Fatma Deniz Polatta, a 19—year—old Kurdish girl, and her 16 year—old
          friend were reportedly arrested in Iskendrum, respectively on 8 and 5 March
          1999. Both were taken to the Anti—Terror Branch of the police headquarters in
          Iskendrum where they detained for five and seven days, respectively. They were
          allegedly blindfolded, prevented from sleeping and going to the toilet, denied
          water and food. The police allegedly made them strip and told them to stand in
          an exhausting position for long periods of time. They are also said to have been
          routinely insulted and threatened. The 16—year—old girl was allegedly exposed to
          verbal and sexual harassment, continually beaten on her genitals, buttocks,
          breasts, head, back and legs, forced to sit on a wet floor for a long time and
          roll naked in water, suspended from the arms and exposed to pressurized cold
          water. Fatma Deniz Polatta was allegedly subjected to the same treatment and to
          anal rape. She was reportedly told by the police officer that even a doctor
          would not be able to prove that she had been raped. A formal complaint was
          reportedly lodged against the police officers and subsequently, in Nover er, an
          investigation was opened. The two girls have reportedly sentenced to long prison
          terms after being charged with membership of the Kurdistan Workers' Party (PKK)
          and taking part in a violent demonstration against the arrest of PKK leader
          Abdullah öcalan. The two girls have reportedly claimed that their convictions
          are based on statements allegedly extracted under torture, yet they remain in
          prison pending an Appeals Court decision. While in detention, the girls are said
          to have undergone several medical examinations, including a virginity test which
          is said to be traumatic, by different doctors. None of the doctors reported
          signs of violence. A later report by the Turkish Medical Association describes
          medical symptoms which match the girls' testimonies of sexual torture.
          1057. The Government replied on 15 December 1999 that Fatma Deniz Polatta and
          her friend (whose name is known by the Special Rapporteur) were detained between
          5 and 8 March 1999, interrogated and subsequently imprisoned on 12 March 1999.
          Fatma Deniz Polatta and her friend were sentenced to 12 years 6 months, and
          8 years 4 months, respectively. The Government stated that both women were
          subject to medical controls before, during and after their detention. The
          Government stated that during the medical controls, both women went through
          virginity tests each time and the results of these controls revealed that they
          were not tortured nor subjected to any other ill—treatment such as rape,
          including anal rape. The Government also informed the Special Rapporteur that
        
          
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          during the investigation stage both women met with their relatives. It further
          stated that a complaint was lodged by Fatma Deniz Polatta alleging that she had
          been tortured and subject to anal rape, and that she was sent to the State
          Hospital of Iskenderun for further tests which confirmed that she was not
          tortured or raped. The Government stated that upon these reports, the Public
          Prosecutor decided that there was no indictable offence; however, the case was
          transferred to the office of the head officer of the district on 14 June 1999
          for further investigation. The Government stated that during this investigatory
          phase, Fatma Deniz Polatta denied her prior allegations of torture and rape.
          Their cases are pending at the State Security Court of Adana and the Government
          stated that both women have been transferred from Iskenderun prison to the
          KUrkçUler prison in Adana.
          UrQent a inieals and replies received
          1058. On 16 February 1999, the Special Rapporteur sent an urgent appeal on
          behalf of Abdullah äcalan, who had been forcibly returned to Turkey from
          Nairobi, Kenya. He had initially been taken to Istanbul and then transferred to
          an unknown location outside of Izmir, where he was being interrogated. On the
          same day, the Special Rapporteur issued a press statement regarding that urgent
          action.
          1059. The Special Rapporteur has received a nur er of communications from the
          Government in relation to this case. On 26 February 1999, the Government
          transmitted written extracts of a press conference held on 21 February 1999 by
          the Prime Minister, Mr Bulent Ecevit. He indicated that Abdullah äcalan was not
          subjected to torture and was under the guarantee and protection of Turkish law.
          Furthermore, the Prime Minister stated that health controls were being regularly
          made and that his rights were being respected. On 9 March 1999, the Government
          sent the Special Rapporteur a fact sheet on the case, in which it stated, inter
          alia , that high security measures were being applied to protect Abdullah öcalan
          in prison. In terms of his heath, a cardiologist and an internal specialist from
          the University of Uludag had been assigned to observe his health closely. The
          Government stated that after these consultations, health reports were being
          issued and regularly conveyed to the European Court of Human Rights and the
          European Corimittee for the Prevention of Torture. The Government further stated
          that an application against Turkey had been filed at the Court of Human Rights
          by his lawyers on 16 February 1999, based on, inter alia , article 3 of the
          European Convention regarding torture. The Government stated that the case was
          heard on 23 February 1999 and that the Court decided that there was no need for
          interim measures at that stage. However, the Court submitted questions to the
          Government which the Government indicated would be duly answered on time.
          Finally, the Government informed the Special Rapporteur that a delegation from
          the European Committee for the Prevention of Torture had visited police
          detention centres and police organizations in Istanbul, as well as the Imrali
          prison where Abdullah äcalan was incarcerated, from 27 February to 3 March,
          after informing the Ministry of Foreign Affairs. On 24 March 1999, the
          Government transmitted another fact sheet in which it repeated that he was
          receiving daily medical care and that the medical reports were being transmitted
          to the European Court of Human Rights and the European Committee for the
          Prevention of Torture. The fact sheet also outlined several meetings that had
          taken place between Pkdullah äcalan and his legal counsel.
          1060. On 23 February 1999, the Special Rapporteur sent a joint urgent appeal
          with the Special Rapporteur on extrajudicial, summary or arbitrary executions
        
          
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          and the Special Rapporteur on the independence of judges and lawyers on behalf
          of the following eight lawyers from the local headquarters of the People's
          Democracy Party (HADEP) in Diyarbakir: Feridun celik, HADEP provincial
          president, who is also reported to be the Turkish lawyer for Abdullah öcalan,
          Selim Kurbanolu, Abdullah Akn, Yusuf Tosun, Sinan Tanrkulu, Mansur Reitolu,
          Mahmut Vefa and Ferda Pokerce. The Special Rapporteurs also transmitted
          information on large—scale arrests at HADEP offices throughout the country.
          Following house—to—house raids by special team members, village guards,
          gendarmes and police, an estimated 500 people were allegedly detained at Kzltepe
          police headquarters, the Gendarmerie headquarters and Korsar police station.
          More than 700 persons were reportedly detained in Diyarbakir, 150 in Istanbul,
          50 in Batman, 10 in Van, 10 in Elaz and 10 in Izmir. All were reportedly being
          held under the Anti—Terror Law, which provides for incommunicado detention for
          up to seven days. In Kzltepe, Mardin province, a non—violent demonstration on
          19 February 1999 calling for independent monitoring of Abdullah öcalan's trial
          was allegedly fired on by security forces; at least one person was killed and a
          nur er of others were injured. Shootings reportedly occurred in Ersoy, Korsar,
          Yenimahalle and districts of Kzltepe where security forces opened fire using
          machine guns and then moved into the area in four—wheeled armoured vehicles.
          1061. On 9 July 1999, the Government replied to this urgent appeal. It stated
          that the eight above—named lawyers were taken into custody on 16 and 17 February
          1999 by the Directorate of Security of Diyarbakir, on grounds of protesting and
          demonstrating against the arrest of Abdullah äcalan. They were all released on
          22 February 1999 following an interrogation and the cases against them were
          continuing. The Government further replied that medical reports established that
          none of the lawyers were subjected to any torture or ill—treatment while in
          custody. In response to the allegation of largescale arrests at HADEP offices
          throughout the country, the Government replied that it was not possible to
          provide concrete information regarding the allegation; however, it forwarded
          information including names of individuals, who were detained and released in
          Diyarbakir, Batman, Elazig, Istanbul, Van and Mardin. The Government further
          replied that an illegal demonstration took place on 25 February 1999 in Batman,
          where 25 demonstrators were arrested. The Government stated that the
          demonstrations were inspired and organized by the HADEP political party
          headquarters in Batman, which was the reason why a search was made of the
          premises of the political party. It denied that any shooting took place and
          stated that high security measures were taken.
          1062. On 4 March 1999, the Special Rapporteur sent a joint urgent appeal with
          the Special Rapporteurs on the independence of judges and lawyers and on
          extrajudicial, summary or arbitrary executions on behalf of the following
          lawyers representing Abdullah äcalan (see above) , who had allegedly been
          assaulted and intimidated by the police: Ahmet Zeki Okçcuolu, Irfan Durdan,
          Niyazi Bulgan, MUkrime Tepe (f) , Refik Ergun, Ahmet Avar, Turgay Kaya, Derya
          Bayr (f) , Hasip Kaplan, Niyazi Cem, Sait Karabakan, Zeynei Polat (f) , Doan Erba,
          Filiz Kalayc and Fehim Gune. Projectiles, including stones and metal objects,
          had reportedly been thrown at the defence lawyers, who had to leave the
          courtroom. All had reportedly been taken to the nearby police station, where
          they were allegedly threatened to be killed. They were then reportedly taken to
          the market place of Yeniehir where police officers allegedly beat and kicked
          them. Some were reportedly injured.
          1063. On 8 March 1999, the Special Rapporteur sent a joint urgent appeal with
          the Special Rapporteur on extrajudicial, summary or arbitrary executions on
        
          
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          behalf of Devrim Ta , who had reportedly been arrested on 5 March 1999 with his
          girlfriend and 25 other persons at the BEKSAV Cultural Centre in Kadkoy by two
          uniformed and an estimated four plain—clothed policemen. He was reportedly taken
          to the Anti—Terror Branch of Istanbul Security Headquarters. SUleyman Yeter, who
          was detained at the same time, died during interrogation.
          1064. By letter dated 18 March 1999, the Government responded to this urgent
          appeal by indicating that according to information provided by the Security
          Directorate General of Istanbul and medical reports, none arrested at that time
          had been subjected to torture. It indicated that Suleyman Yeter, who was on the
          “search list” of the police on suspicion of being an active mer er of the
          illegal Marxist—Leninist Communist Party (MLKP) , started a hunger strike and
          fainted during interrogation after the second day. He was reportedly immediately
          taken to the nearest hospital, where he died. The Government promised to send
          the Special Rapporteur further information on this last case.
          1065. On 8 July 1999, the Special Rapporteur sent an urgent action on behalf of
          Sirri Usta, who had reportedly been arrested in the Nurtepe district of Istanbul
          on 6 July 1999. Witnesses reportedly saw plain—clothed policemen fire five or
          six shots and try to drive into him. He was reportedly taken away in a police
          vehicle.
          1066. The Government replied on 29 Septer er 1999 that he was interrogated on
          6 July 1999 after police came across him while they were performing an identity—
          card inspection. It indicated that he had submitted a forged student identity
          card to the police. When the police became suspicious of him, he tried to run
          away and was chased by police officers. He was eventually caught, injured, by
          the police on that day. He was then interrogated on the grounds of his alleged
          participation in the activities of the so—called “Union of Turkish Revolutionary
          Corcmunists—Bolsheviks” organization and a case was transmitted to the office of
          the Chief Prosecutor of the State Security Court in Istanbul on 13 July 1999, in
          compliance with relevant legislation on detention and interrogation. The
          Government advised that he was currently in the Umraniye (Istanbul) E—type
          prison. The Government also advised that he had lodged an official complaint
          with the Office of the Chief Prosecutor of the State Security Court of Istanbul
          on 20 July 1999 claiming that he had been subjected to torture while in
          detention. A medical report, issued on the same day that his complaint was
          filed, indicated traces of torture on his body and stated that he should have
          been given leave from his duties for one week. The Government stated that an
          inquiry was under way in relation to the officers who interrogated him and that
          a court hearing had taken place in which those allegedly responsible had been
          called to give evidence. The case is pending in the State Security Court,
          Istanbul.
          1067. On 8 July 1999, the Special Rapporteur sent another urgent appeal on
          behalf of Hakk Alpan, who had reportedly been detained on 29 June 1999 at the
          Ipsala border post when he tried to enter Turkey from Greece using a false
          passport. He had reportedly been held initially in police custody in Edirne and
          later transferred to Istanbul Police Headquarters Anti—Terror Branch. He was
          then transferred to Tunceli Police Headquarters when the Tunceli Police
          Headquarters informed Istanbul that they had a warrant for his arrest.
          1068. On 10 August 1999, the Government replied providing information from the
          Ministry of Justice. The Government confirmed the date, place and circumstances
          of Hakk Alpan's arrest as alleged in reports received by the Special Rapporteur.
        
          
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          The Government reported that on 1 July 1999 he was detained by the Istanbul
          Directorate of Security. His detention was extended to 3 July 1999 upon a
          decision of the State Security Court of Istanbul. The Government further
          reported that his case was then transferred to the Office of the Chief
          Prosecutor of Tunceli, which extended his detention period to 9 July, in
          accordance with the law. The Government stated that he was then transferred from
          Istanbul to Tunceli, where he was imprisoned at the Tunceli prison on 9 July,
          following an interrogation. It replied that during his interrogation he
          confessed that he was senior official of the illegal Communist Party of
          Turkey/Marxist Leninist (TKP/ML-TKKO) organization and that he had participated
          in many illegal activities of the organization including murders, armed
          resistance against security forces and other terrorist acts.
          1069. On 23 July 1999, the Special Rapporteur sent a joint urgent appeal with
          the Chairman-Rapporteur of the Working Group on Arbitrary Detention on behalf of
          Kemal Erturk and Bulent Erturk, who had reportedly been arrested on 15 March
          1999 by mandate of the State Security Court in Ankara in connection with an
          attack on the Governor of cankiri. They were allegedly forced under duress to
          admit to the crime and were subsequently transferred to the prison of Eskisehir,
          Type E, where they had allegedly been ill-treated by the guards and fellow
          inmates. They had reportedly asked to be transferred to a prison in Ankara.
          1070. By letter dated 5 Nover er 1999, the Government confirmed the time and
          circumstances of arrest and indicated that both confessed to being members of
          the illegal terrorist organization, the so—called Turkish Workers' and Peasants'
          Liberation Army (TIKKO) . The Government also added that they had been allowed to
          corimunicate with their lawyers and that medical reports confirmed that they were
          both in good health and had not been ill-treated while in detention. The
          Government also indicated that the prison in Eskisehir is under the jurisdiction
          of the State Security Court of Ankara and is only a short distance from Ankara.
          The Government informed the Special Rapporteur that they had started a hunger
          strike that they voluntarily terminated after having been taken to Eskisehir
          State Hospital. The Government added that a case brought to the Council of State
          by the Bar of Istanbul against the Circular of the Ministry of Justice,
          instructing the transfer of inmates to provinces other than where the crime they
          are accused of is corimitted, was under consideration. Therefore, their request
          for transfer to the Central Prison of Ankara was pending.
          1071. On 30 July 1999, the Special Rapporteur sent an urgent appeal on behalf
          of YUksel Yiitdoan, who had reportedly been arrested on 26 July 1999 in Izmir.
          He had allegedly been taken to the Izmir Police Headquarters Anti—Terror Branch
          and then transferred to the Istanbul Police Headquarters Anti—Terror Branch on
          28 July 1999. On 29 July 1999, the Istanbul State Security Court reportedly
          extended his detention by three days.
          1072. On 4 August 1999, the Special Rapporteur sent a joint urgent appeal with
          the Chairman of the Working Group on Enforced or Involuntary Disappearances on
          behalf of Selami Altay, who had reportedly been abducted by three armed men in
          civilian clothes on 26 June 1999 from Gazi Antep E type prison where he had been
          visiting a relative. The police in Gazi Antep were said to have denied any
          knowledge of the abduction.
          1073. By the same urgent appeal they also intervened on behalf of Ibrahim
          Alpdoan, a Kurd from Mara province, who had reportedly been taken into custody
          from his village on 20 June 1999 by soldiers from the Pazarck gendarmerie
        
          
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          corimand. He was reportedly held in incommunicado detention, either at Pazarck
          gendarmerie or at the police headquarters in Mara town, but his detention was
          said not to have been acknowledged by the authorities.
          1074. On 14 September 1999, the Special Rapporteur sent an urgent appeal on
          behalf of Mehmet celik who, along with two other men had reportedly been
          arrested on 7 September 1999 in Diyarbakir city centre. They were reportedly
          held in incommunicado police detention.
          Follow—un to previously transmitted corimunications
          1075. By letter dated 11 December 1998, the Government responded to a
          corimunication sent by the Special Rapporteur on 12 October 1998 (see
          E/CN.4/1999/61, paras. 717-719).
          1076. Concerning Zeynep Avci, the Government indicated that she had been
          arrested on 27 November 1996 on suspicion of having participated in illegal
          terrorist activities. According to medical reports dated 27 November and
          3 December 1996, she was never tortured. Following her trial at the State
          Security Court of Istanbul on 18 December 1996, she was incarcerated.
          1077. Concerning Suleyman Gultekin, the Government indicated that he had been
          detained on 16 March 1997 for having avoided military service, and handed over
          to the Military Service Department of Tekirda on 8 Decer er 1997. A medical
          report dated 8 December 1997 stated that he had not been subjected to torture.
          1078. Concerning Sevil Dalkliç, the Government replied that medical reports
          confirmed that she had not been subjected to torture.
          1079. By the same letter, the Government responded to allegations sent in May
          1997 regarding the torture of Hikmet Ercili (see E/CN.4/1998/38/Add.1,
          para. 424) . It indicated that according to information given by the Office of
          the Governor of Kars he had never been taken into custody.
          1080. By the same letter, the Government responded to several allegations sent
          in February and October 1996 (see E/CN.4/1997/7/Add.1, para. 488 and following).
          1081. Concerning Done Talun (ibid., para. 489), the Government indicated that
          after her release on 14 January 1995, her father, who was assisted by the Human
          Rights Investigation Corimission of the Grand National Assembly, filed a
          complaint of ill—treatment at the Chief Prosecutor's Office in Ankara. A
          decision of “non—prosecution” was subsequently reached. Concerning Can Dogan
          (ibid., para. 491), the Government indicated that he was released on 21 March
          1995 after having been interrogated at the Anti—Terror Branch of the Directorate
          of Security in Ankara. A medical report issued at the time of his release
          confirmed that he had not been subjected to torture. Concerning Tyfun Kirs and
          Rifat Onurca (ibid., para. 492), the Government indicated that no evidence of
          torture was found by the Forensic Science Institute. Concerning Ali Haydar Efe
          and Muslum Efe (ibid., para. 495), the Government indicated that Ali Haydar Efe
          had jumped out of a window on the third floor of the Directorate of Security
          building in Ankara, which was confirmed by an autopsy report. A case was lodged
          by the Public Prosecutor against the police authority, but a decision of “non—
          prosecution” was reached on 1 April 1997. Mus L im Efe was released on 12 August
          1996. Concerning Halil Dinç (ibid., para. 504), the Government indicated that he
          was not injured, nor detained, during the December 1995 demonstrations.
        
          
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          1082. Finally, by the same letter, the Government responded to two cases sent
          by the Special Rapporteur in May 1995 (see E/CN.4/1996/35/Add.1)
          1083. Concerning Garip ölmez (ibid., para. 693), the Government confirmed that
          he died in custody on 10 April 1994, but indicated that the autopsy had revealed
          that he had not been subjected to torture, but that his death was due to
          intoxication. It is believed by the Government that, as he was an apiarist, who
          used chemicals, he may have been intoxicated prior to his detention.
          1084. By letter dated 14 December 1998, the Government gave further information
          on Leker Acar, on behalf of whom the Special Rapporteur had sent an urgent
          appeal on 16 Nover er 1998 (see E/CN.4/1999/61, para. 729) . It indicated that he
          assaulted the security forces and caused a riot at the entrance of Elazi prison
          on 5 October 1998. As a result, he was reportedly injured. The Government
          indicated that the allegations of torture and of solitary confinement were
          baseless, but that upon complaints lodged against the law enforcement personnel,
          the Offices of the Chief Prosecutors of Elazi and Biyarbakir were investigating
          the matter. The Office of the Chief Prosecutor of Bitlis decided to transfer the
          file to the Office of the Governor, which decided on 12 February 1998 not to
          take judicial action due to a lack of sufficient evidence.
          1085. Concerning Abdullah Baskin (E/CN.4/1996/35/Add.1, para. 698), the
          Government confirmed that he died, according to the Public Prosecutor's Office
          in “suspicious circumstances”, from injuries, at the Batman State Hospital on
          4 August 1994. On 3 July 1995 the case was transferred from the Office of the
          Chief Prosecutor of Kozluk/Batman to the Office of the Governor of Batman for
          further investigation. Following a decision not to take judicial action by the
          Governor's Office, the case was appealed by the Higher Court on 9 December 1997
          and returned to the Governor's Office. The case was still pending at the time of
          the Government's response.
          1086. By letter dated 26 January 1999, the Government responded to an urgent
          appeal sent by the Special Rapporteur on 17 November 1998 on behalf of Mehmet
          Mazaca (see E/CN.4/1999/61, para. 730) . The Government indicated that his son
          had applied to the Chief Prosecutor's Office of Elazi on 26 October 1998 for
          his whereabouts. Several investigations were carried out without success, but it
          was confirmed that Mehmet Mazaca had never been detained by either the Tunceli
          or the Elazi police. According to the Government, this case has no political or
          ideological background, but may be linked with a criminal offence.
          1087. An information note of 27 July 1999 was received by the Special
          Rapporteur from the Government outlining a number of the latest steps taken in
          Turkey on the human rights reform process. The information note referred, inter
          alia , to an amendment bill on articles 243, 245 and 354 of the Turkish Penal
          Code which had been submitted to the Grand National Asser ly on 5 July 1999. The
          amendment purportedly brings out a new definition of torture and ill treatment
          under the said Code, increases the severity of punishment foreseen for crimes of
          torture, as well as for health personnel involved in faking forensic reports
          with a view to concealing the existence of torture and ill—treatment.
          1088. Finally, on 15 Decer er 1999, the Government informed the Special
          Rapporteur that the Law on the Prosecution of Civil Servants had been adopted on
          2 December 1999 by the Turkish Grand National Asser ly and had entered into
          force on 5 December. An important feature of the new Law is that it sets a “time
          limit” for the conclusion of cases. Therefore, it prevents impunity due to
        
          
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          statutes of limitations and renders civil servants accountable before courts for
          any of their offences. According to the new Law, the procedure for the
          prosecution of civil servants is as follows. The complaint is forwarded to the
          office of the prosecutor, who in turn informs the government office to which the
          accused civil servant is attached. The senior officer of this office has
          authority to decide on the acceptability of the investigation request, within
          30 days (45 days in extraordinary cases) . The senior officer who does not
          authorize the investigation has to provide tangible evidence to the prosecutor's
          office. In the case of approval, the accused officer, and in the case of
          disapproval, the prosecutor's office may appeal to the Council of State or the
          regional administrative court for review. These bodies have to give their ruling
          within three months at the latest, and this ruling is final. Therefore, it takes
          a maximum of four and a half months to reach the final ruling for the case to be
          brought to court.
          Observations
          1089. The Special Rapporteur appreciates the Government's responses and
          welcomes the law reform measures that would strengthen the prohibition under
          criminal law of acts of torture and which have substantially amended the Law on
          the Prosecution of Civil Servants. He still considers that it will be essential
          to reduce the periods of permitted incommunicado detention to make a substantial
          impact on the resort by law enforcement officials to torture and similar ill—
          treatment.
          U Qanda
          UrQent a inieals and replies received
          1090. On 30 Nover er 1999, the Special Rapporteur sent an urgent appeal on
          behalf of Mbula Bwambukamo, Jonas Mutamo, Kar ale Bahekwa, Commandant Kakule
          and Commandant Muhendu, all senior members of the armed opposition group
          Rasser lement conQolais pour la democratic , and François Mwamba, a mer er of the
          armed opposition group, Mouvement pour la liberation du ConQo , who were among
          25 persons arrested by the Ugandan army after a senior Ugandan military
          corimander, Major Ikondere, was killed by an armed indigenous group known as
          Mavi—Mavi , in Butembo, in north—eastern Democratic Republic of Congo, on
          14 November 1999. The 25 persons were reportedly arrested around Butembo, North—
          Kivu province and to be accused of complicity in the killing. Their whereabouts
          were not known.
          Ukraine
          UrQent a inieals and replies received
          1091. On 22 March 1999, the Special Rapporteur sent an urgent appeal on behalf
          of Yusif Ruzimuradov, a prominent member of the banned Uzbek opposition party
          Erk, and Muhammad Bekzhon, one of the editors of the party's newspaper, also
          called Erk, and the brother of Muharimad Salih, the party's exiled leader, who
          were reportedly facing imminent forced repatriation to Uzbekistan, where they
          may be at risk of torture. Both men had reportedly been detained on 15 March
          1999 in Kiev, during a joint Uzbek/Ukrainian police raid on their apartments.
          Their arrests are reported to be part of a clampdown on perceived opponents of
          the President of Uzbekistan, and their families and associates, following a
          series of bomb explosions in Tashkent on 16 February 1999. According to further
        
          
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          information received by the Special Rapporteur, both had already been deported
          on 18 March 1999.
          1092. By letter dated 24 May 1999, the Government responded to this urgent
          appeal. It indicated that having examined material received from the Office of
          the General Prosecutor of Uzbekistan, and in the light of the findings of an
          inquiry carried out by the Ukrainian Ministry for Internal Affairs, the Office
          of the General Prosecutor of Ukraine had ascertained that there were no factors
          impeding the extradition of the above—named persons, as well as two other Uzbek
          nationals, N. Shripov and K. Dierov. It also specified that their extradition
          had been in conformity with the procedures laid down in domestic law, as well as
          with the June 1995 Agreement with the Government of the Republic of Uzbekistan
          on cooperation in the field of crime control and the January 1993 Minsk
          Convention on legal assistance and legal relations in civil, family and criminal
          matters.
          United States of America
          ReQular communications and replies received
          1093. By letter dated 15 November 1999, the Special Rapporteur advised the
          Government that he continued to receive information regarding the use of stun
          belts and other electro-shock technology (see E/CN.4/1998/38, para. 201) . In
          this regard, the Special Rapporteur transmitted information on the following
          individual cases.
          1094. Jeffrey Lee Weaver reportedly shouted in pain and banged his hands on the
          table at which he was sitting, when a stun belt he was reportedly wearing in
          court in Broward County, Florida was activated on 15 April 1999. His hands were
          reportedly shaking for 10 minutes after the alleged incident.
          1095. Brian Hill reportedly fell backwards in his chair and convulsed for a few
          seconds when the stun belt he was reportedly wearing in the Alameda County
          Superior Court in Oakland was activated on 7 July 1998. He was reportedly taken
          to hospital following the incident and released later in the day. The stun belt
          was reportedly activated when a deputy policeman leaned over in his chair and
          accidentally pushed the button on the transmitter.
          1096. Kenneth Deputy was reportedly electro-shocked by a stun belt activated by
          a police officer in the Kent County Superior Court, Delaware, in September 1997.
          The stun belt was reportedly activated causing a very painful electric shock and
          small burn marks along his left hip and lower back.
          1097. Wendell Harrison was allegedly electro—shocked by police officers on
          2 August 1996 in a courtroom in Kern County, California. He was allegedly made
          to wear the stun belt at the request of a sheriff deputy who stated that he had
          not answered her when asked if he needed to use the toilet and because the
          sheriff deputy did not like the way he was looking at people in the courtroom.
          Several years later, he is still allegedly suffering nightmares and loss of
          sleep as a result of the alleged stunning.
          1098. Craig Shelton reportedly suffered intense pain through his entire body,
          causing him to fall to the floor, as a result of being reportedly twice targeted
          with electric shocks from a stun belt on 2 April 1996. He was reportedly wearing
        
          
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          the stun belt while he was being transported from Hutchinson Correctional
          Facility to Lamed Correctional Mental Health Facility, Kansas, for medical
          treatment.
          1099. Otis Brock, a 17—year—old inmate in the juvenile wing of Kenton County
          Jail, Kentucky was allegedly beaten, kicked, verbally abused and twice
          electrically shocked using a stun gun in December 1998. He was allegedly being
          punished for refusing to move from an isolation cell. A complaint has reportedly
          been filed with the Justice Department, the result of which is pending.
          1100. Michael Labmeier, an inmate in the Kenton County Jail, reportedly died
          after a confrontation with jail staff. The confrontation reportedly occurred
          when prison guards were attempting to move him from an isolation cell to take
          him to hospital for a psychiatric evaluation. The exact circumstances of his
          death appear to be unclear. It is alleged that pepper spray had been sprayed
          into his face and that a stun gun was activated to warn him to cooperate.
          1101. The Special Rapporteur has also transmitted to the Government information
          about the alleged use of stun belts on HIV positive inmates at the New Orleans
          Parish Prison, Louisiana. At this facility, two categories of prisoners are
          reportedly required to wear stun belts during transport. One of the groups is
          high security prisoners who are deemed to pose the greatest risk when being
          transported. The other group reportedly is inmates from the separate HIV/AIDS
          unit. This group of prisoners must wear the stun belts during transportation
          regardless of their security classification. Reportedly, many of the HIV
          positive inmates in this facility already suffer from infections associated with
          their HIV status. Concern has been expressed that the use of the stun belt may
          exacerbate the medical condition of HIV positive prisoners. There have also been
          reports that HIV positive inmates have been required to sign a waiver consenting
          to be fitted with a stun belt or else they will be denied transportation to
          receive medical treatment.
          1102. The Special Rapporteur has transmitted to the Government information on
          the following additional individual cases of alleged ill—treatment.
          1103. Roberto Ciaprazi was reportedly subjected to beatings, protracted cell
          confinement and verbal abuse, on a number of occasions during his incarceration
          at the Coxsackie Correctional Facility, New York, the Mid—Hudson Psychiatric
          Center, the Nassau County Jail and the Clinton Correctional Facility. He was
          allegedly struck in the solar plexus and testicles with a wooden stick by a
          police officer at his arrest on 6 February 1991 in Nassau County. On 7 February
          and on 24 March 1991 he was allegedly knocked to the ground, kicked and had his
          head repeatedly beaten on a concrete floor by four guards at Nassau County Jail.
          He reportedly later underwent surgery for head lacerations at the Nassau County
          Medical Centre. On 17 April 1996, he was allegedly assaulted by guards for
          refusing to go to court when he was reportedly sick. As a result, his face and
          body were reportedly bruised, he had a broken finger, pain in his back,
          shoulders, head and neck and difficulties with breathing. No medical treatment
          was reported to have been provided. He has also allegedly been locked in 24—hour
          cell confinement for 200 days.
          1104. Nicholaus Contreras, a former inmate at the Arizona Boys Ranch for
          juveniles, was allegedly placed in solitary confinement on 23, 25, 27 and
          28 February 1998 for his lethargic effort in exercise and because he had been
          complaining of feeling ill and tired. On 2 March 1998 he was reportedly isolated
        
          
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          again, allegedly for failing to listen to staff about his attitude to exercise.
          He was reported to have died later that same day while staff allegedly forced
          him to do push-ups.
          1105. Gil F. Webb, a 17-year-old African American, was allegedly kicked by a
          police officer, grabbed by the arms, legs and hair and allegedly slarimed twice
          onto a wooden board after he had reportedly been moved from his car, which had
          crashed after a police chase in Denver, Colorado in March 1997. The responsible
          officer has reportedly been disciplined by losing five days of his holiday
          period.
          1106. James Parkinson, a mentally ill man, reportedly died in June 1996 in
          Fairfield, California, after police allegedly shackled him face-down, sprayed
          him several times with Oleoresin Capsicum (“OC” or pepper spray) and hit him
          several times with an electric laser gun.
          1107. Michael Valent reportedly died as a result of a blood clot in March 1997
          after allegedly being held for 16 hours in a restraint chair in Utah State
          Prison. Apparently his feet were secured with metal shackles and the seat had a
          hole in it to allow him to defecate and urinate without moving.
          1108. Sammy Marshall, a mentally ill prisoner in Quentin Prison, California,
          reportedly died in June 1997 after guards allegedly used OC spray for more than
          one hour when he barricaded himself into his cell. A coroner found that the most
          likely cause of death was an allergic reaction to the OC spray.
          1109. Annette Romo, a young pregnant woman in a Maricopa jail, reportedly
          pleaded in vain with prison staff for medical help when she began bleeding in
          1997. She reportedly fell unconscious and was later rushed to hospital, but her
          baby died.
          1110. The Special Rapporteur has also received information on the alleged
          ill—treatment of prisoners at the Wallens Ridge State Prison, Virginia. Guards
          have reportedly used arbitrary and punitive measures including random selection
          of prisoners for beatings at night, allegedly to maintain a climate of fear at
          the prison. Such ill—treatment is allegedly used to intimidate new arrivals at
          the prison. It is alleged that some inmates have been denied access to medical
          care and that other inmates are not requesting medical care for fear of
          reprisals against them. Other alleged abuses taking place include sleep
          deprivation by keeping lights on 24 hours a day and alleged verbal abuse,
          including racist taunts, and threats of violence. In particular, the Special
          Rapporteur has transmitted information on the following individual case.
          1111. Phillip Cordova, who was reportedly transferred recently to the prison
          from New Mexico was allegedly beaten by guards while in restraints on his first
          day at the prison on 25 Septer er 1999. According to the information received,
          guards also used electro—shock stun guns on him and allegedly simulated sodomy
          against him using the metal lead which is reportedly used to link prisoners'
          handcuffs to their leg shackles behind their backs.
          1112. Finally, the Special Rapporteur brought to the Government's attention
          information he continued to receive about reported abuse and alleged police
          brutality in the New York Police Department (see E/CN.4/1998/38, para. 199)
        
          
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          1113. Adner Louima, a Haitian irimigrant reportedly suffered serious internal
          injuries after New York police officers allegedly beat him and one rammed the
          handle of a toilet plunger into his rectum at a Brooklyn police station in
          August 1997. According to the information received, in mid—1998, four police
          officers were awaiting trial on federal charges of assault in connection with
          this case.
          1114. By the same letter, the Special Rapporteur reminded the Government of a
          nur er of cases transmitted in 1995, 1997 and 1998, regarding which no reply had
          been received.
          UrQent a inieals and replies received
          1115. On 13 January 1999, the Special Rapporteur sent an urgent appeal on
          behalf of Augustine Abolade Ayoade, a Nigerian asylum seeker who was allegedly
          in imminent danger of being deported to Nigeria where he was allegedly at risk
          of being subjected to torture. In January 1998, he was deported from the United
          States, and was reportedly immediately arrested by Nigerian State Security
          Agents and imprisoned and tortured over a three-month period. In April 1998, he
          had escaped from prison and fled to the United States. He had reportedly filed a
          petition for withholding of deportation.
          1116. By letter dated 13 August 1999, the Government replied by outlining the
          process for adjudicating claims under the Convention against Torture. It also
          indicated that it is the policy of the United States not to disclose to third
          parties any information pertaining to any asylum or torture relief claim without
          the written consent of the applicant. Finally, the Government indicated that if
          Augustine Abolade Ayoade had filed such a claim under the Convention, he was
          never in imminent danger of deportation while a claim was pending, and added
          that it would be up to an immigration judge to determine whether he had a valid
          claim.
          Follow—un to previously transmitted corimunications
          1117. By letter dated 6 July 1999, the Government responded to an urgent appeal
          sent on 2 Nover er 1998 on behalf of Leonard Peltier (see E/CN.4/1999/61,
          para. 751) . Regarding the prison conditions and allegations of inhumane
          treatment, the Government indicated that the Bureau of Prisons makes every
          effort to ensure that all inmates are treated fairly within the scope of
          established policy and that abusive or inhumane treatment by inmates or
          correctional staff is neither tolerated nor condoned. According to the
          Government, Leonard Peltier was placed in disciplinary segregation for refusing
          to submit to routine urinalysis testing. The Government explained that
          disciplinary segregation is not equivalent to solitary confinement, but did
          remove inmates from the general population and restricted an inmate's access to
          other inmates. It had no influence on visitation rights, although certain other
          privileges were suspended. Finally, the Government indicated that since Leonard
          Peltier had been at U.S. Prison Leavenworth, i.e., October 1996, he had been in
          the general prison population. Regarding the alleged lack of medical care, the
          Government indicated that he had received proper medical care, in particular in
          relation to his main complaint, i.e., Temporomandibular Joint Syndrome (TMJ),
          from the Federal Bureau of Prisons and had been seen by numerous medical
          specialists. He thus underwent several operations to maintain his jaw opening
          and movement. In October 1996, he refused any further treatment for his chronic
        
          
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          jaw problem, and in March 1999, it was explained to him by specialists that the
          TMJ could not be corrected. He has since been given a medical diet.
          Observations
          1118. The Special Rapporteur appreciates the Government's responses to his
          urgent appeals, but considers regrettable the failure to respond to
          communications alleging abuses within his mandate. The perennial nature of this
          problem cannot be justified by the difficulties inherent in obtaining
          information within a federal system.
          UruQuay
          ReQular communications and replies received
          1119. By letter dated 12 October 1999, the Special Rapporteur communicated to
          the Government information concerning Luis Soria and Francisco Saavedra who were
          reportedly tortured on 23 May 1999 by nine uniformed and one non—uniformed
          officer when they were doing maintenance work on vessels of the British fleet.
          While they were eating their lunch, a door opened and someone told them to go
          away because they were in front of a police station. Shortly afterwards,
          10 officers allegedly came out through the same door and dragged Luis Soria and
          Francisco Saavedra by the feet straight inside. Once inside they were reportedly
          handcuffed and beaten all over their body. Later, they are said to have been
          taken to Maci d Hospital, being told on the way that if they said anything about
          what had happened they would be charged with contempt, trespass and disrespect
          for authority. In the hospital, they were reportedly examined by Dr Gonzalo Ruiz
          who confirmed the injuries. After that, they were taken to local police station
          No. 1 and released shortly afterwards. A complaint is reported to have been
          lodged in the Sixth Rota Criminal Court and with EP-FA members of parliament for
          referral to the Parliamentary Human Rights Commission.
          Uzbekistan
          ReQular communications and replies received
          1120. By letter dated 24 November 1999, the Special Rapporteur advised the
          Government that he had received information according to which physical abuse of
          detainees by police and officers serving under the National Security Service is
          common practice. Violence is allegedly used to extract either confessions or
          testimony against other detainees. The mistreatment reported ranges from
          slapping detainees to more systematic beatings using fists, boots and police
          batons. Torture methods are said to include burning detainees with cigarettes,
          using a gas mask or plastic bag to suffocate them, handcuffing them in a highly
          uncomfortable position, inserting a bottle into the anus and using specialized
          electric shock equipment. Police and security officers are also reported to have
          threatened to detain family members.
          1121. The Special Rapporteur transmitted information on the following
          individual cases.
          1122. Adkhom Mavlianov was reportedly arrested on 8 December 1997 in Namangan
          and charged with theft and illegal possession of narcotics and bullets.
          Following his detention, he was allegedly held incommunicado for five days. He
        
          
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          reportedly signed a oonfession extracted by severe beatings. At his trial, he
          reportedly repudiated his confession.
          1123. Odil Mamatov was reportedly arrested on 8 Decer er 1997 at his home in
          Namangan on charges of illegal possession of arms and narcotics. He was
          allegedly beaten until he was bloody, during the first days following his
          arrest. A gas mask was allegedly put over his face.
          1124. Mikhail Ardzinov, the chairman of the reportedly unregistered Independent
          Human Rights Organization of Uzbekistan (NOPCHU) on behalf of whom the Special
          Rapporteur previously intervened in Septer er 1998 (see E/CN.4/1999/61,
          para. 764), was reportedly detained by officers from the Tashkent City
          Department of Internal Affairs (GUVD) on 25 June 1999. He was allegedly severely
          beaten and taken to his apartment, where a computer and some documents were
          confiscated. He was then taken to the GUVD, where he was allegedly beaten again.
          He reportedly sustained two broken ribs, a concussion, contused kidneys, and
          cuts and bruises. His detention is allegedly related to his public criticism of
          the measures taken by the authorities in reaction to a series of bomb attacks in
          Tashkent.
          1125. Abdulkhai and Murod Egamberdiyev were reportedly arrested in Andijan in
          January 1998 by plain—clothes police officers, two weeks after they had been
          ordered by their local police station to shave off their beards. The police
          allegedly beat them and planted a small quantity of narcotics and 10 bullets in
          their pockets. They were subsequently sentenced to four years' imprisonment for
          illegal possession of narcotics and weapons.
          1126. Isroil Parpiboyev was reportedly arrested on 1 January 1998 in Tashkent
          and charged, including of terrorism, illegal possession of weapons and of
          narcotics. During his interrogation, investigators allegedly inserted a bottle
          of vodka into his anus and poured the vodka on his wounds. He was also allegedly
          subjected to electric shocks and had cold water poured over him in winter. He
          was reportedly sentenced to nine years in a strict regime prison.
          1127. Nosir Yusupov and his son Jamaliddin were reportedly arrested on
          29 December 1997 in Tashkent. Nosir Yusupov was reportedly charged with
          terrorism, organizing and leading a criminal gang and illegal possession of
          weapons. Jamaliddin was reportedly charged with attempted premeditated murder,
          failure to disclose a crime and illegal possession of weapons. Both were
          allegedly beaten in detention. Nosir Yusupov was allegedly subjected to electric
          shocks and had a plastic bag placed over his head in order to suffocate him.
          1128. Jurahon Azimov, a leader of the reportedly banned political party Birlik ,
          was reportedly arrested by officials of the Administration of Internal Affairs
          (UVD) of the Andijan region on 28 February 1999. On 17 July 1999, his family was
          reportedly informed that he had died following a heart attack. Marks of torture,
          in particular on the left side of his face, and cuts on many parts of his body,
          were reportedly visible.
          1129. Aminov Muhammadjon, an activist of the Mosque—Djame in Andijan, was
          reportedly arrested on 10 February 1998 on suspicion of illegally storing
          ammunition. He reportedly died in Andijan prison hospital on 7 February 1999. It
          was alleged that his fingernails had been pulled out and that a long scar was
          visible on his chest.
        
          
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          1130. By the same letter, the Special Rapporteur reminded the Government of a
          nur er of cases transmitted in 1996 and 1998, regarding which no reply had been
          received.
          UrQent a inieals and replies received
          1131. On 26 February 1999, the Special Rapporteur sent an urgent appeal on
          behalf of Mamadali Makhmudov, a well-known writer, who had reportedly been
          detained on 19 February 1999 by officers of the Corimittee for National Security
          (KNB) on suspicion of links with the exiled leader of the banned Erk opposition
          party, and Munira Nasriddinova, the wife of the independent Islamic leader,
          Obidkhon Nazarov, who had reportedly been arrested on 21 February 1999 at her
          home in Tashkent and taken to a local police station where she and her mother—
          in—law were allegedly beaten. Both were reported to be held incommunicado in a
          secret place. They were believed to have been arrested in connection with a
          series of explosions in the capital, Tashkent, on 16 February 1999.
          1132. On 9 March 1999, the Special Rapporteur sent an urgent appeal on behalf
          of Akhmadkhon Turakhanov, who had reportedly been sentenced to six years'
          imprisonment on 5 March 1999. He reportedly collapsed in court towards the end
          of his trial. Although he was reportedly in the prison hospital, it was not
          known whether he was receiving treatment. He reportedly has diabetes and needs
          daily insulin injections.
          1133. On 30 March 1999, the Special Rapporteur sent an urgent appeal on behalf
          of Muhammad Bekzhon, Yusif Ruzimuradov, Kobil Diyarov and Negmat Sharipov, who
          had reportedly been forcibly deported from Ukraine on 18 March 1999. Since then,
          they had allegedly been held in incommunicado detention in an undisclosed
          location. Furthermore, the Special Rapporteur transmitted information concerning
          Umarkhon Nazarov, one of Obidkhon Nazarov's brother (see above), who is said to
          be wanted by the Uzbek authorities, allegedly for promoting “Wahhabism”, an
          extreme form of Islam, Akhmadali Salomov, his uncle, and Abdurashid Nasriddinov.
          They had reportedly been arrested in Namangan, on 17 March. Umarkhon Nazarov was
          reportedly detained at the Namangan regional police department, and Abdumalik
          Salomov, at the Namangan regional department of internal affairs. Abdurashid
          Nasridinov, brother of Obidkhon Nazarov's wife, had reportedly been arrested on
          17 March and was held in Namangan prison. All three had allegedly been charged
          with “attempting to overthrow the constitutional order of Uzbekistan”.
          1134. On 30 April 1999, the Special Rapporteur sent an urgent appeal on behalf
          of Rustam Mamatkulov and Zeyniddin Askarov, who had been forcibly returned to
          Uzbekistan from Turkey on the night of 26 March 1999 and were allegedly held
          “incorimunicado” in an uncertain place, probably in or near Tashkent. Both were
          said to be supporters of Erk and were reportedly arrested in connection with the
          series of bomb explosions in Tashkent in February.
          1135. On 14 July 1999, the Special Rapporteur sent a joint urgent appeal with
          the Special Rapporteur on extrajudicial, summary or arbitrary executions on
          behalf of Bakhadir Ruzmetov. On 10 July 1999, he had forcibly been returned to
          Uzbekistan from Russia for allegedly participating in the series of explosions
          in Tashkent in February. After an alleged unfair trial, six individuals were
          reportedly sentenced to death on 28 June 1999 for their involvement in the
          February borcJDings.
        
          
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          1136. On 15 July 1999, the Special Rapporteur sent an urgent appeal on behalf
          Ismail Adylov, a human rights activist, who had been detained on 10 July 1999 by
          two officers, dressed in plain—clothes, from the Ministry of Internal Affairs
          (MVD) . He was allegedly detained for his activities as a mer er of the
          Independent Human Rights Organization of Uzbekistan (NOPCHU) and the Birlik
          (Unity) . Although he had reportedly received hospital care for chronic kidney
          disease, he was in need of further medical attention. He had reportedly been
          released from the hospital, but was detained a week later at an unknown
          location.
          Observations
          1137. The Special Rapporteur notes and shares the concern of the Corimittee
          against Torture, in its review of the periodic report of the country under the
          Convention against Torture, at “the particularly large number of complaints of
          torture or maltreatment and the small number of subsequent convictions”
          (CAT/C/23/7, para. 5)
          Venezuela
          UrQent a inieals and replies received
          1138. On 10 February 1999, the Special Rapporteur transmitted an urgent appeal
          on behalf of Juan Bautisat Moreno, Edgar Carvajal and oscar Cáceres who were
          reportedly detained between 27 and 29 January 1999 and held in theatre of
          operations No. 1, State of Apure. It seems that they were detained in connection
          with an alleged case of abduction that took place in December 1998. According to
          the information received, Asdrübal Lozado, Wilfredo Bracho and the 16—year—old
          Claudio Rivas Espinosa, of Guafitas, were detained at the same time and for the
          same reason and were also held in theatre of operations No. 1 until their recent
          release. These persons were allegedly tortured during their detention. The
          Government Procurator is said to have been informed.
          1139. By letter dated 8 March 1999, the Government replied to this urgent
          appeal, pointing out that Juan Bautisat Moreno was detained on two occasions,
          firstly, on 6 August 1994 by the Venezuelan Army, who seized from him a sketch
          showing the location of various CORPOVEN boreholes and some pieces of cable of
          the kind used for detonating explosives, and, secondly, on 28 November 1996 by
          officials of the Sectional General Directorate of the Intelligence and
          Prevention Services for collaborating with ColorcJiian subversion.
          1140. On 15 February 1999, the Special Rapporteur transmitted an urgent appeal
          on behalf of Guismoldo Eregua, who was reportedly detained between 27 and
          29 January 1999 and held in theatre of operations No. 1 in Guadalito. He appears
          to have been detained in connection with an alleged case of abduction of
          engineers working for the Venezuelan national oil company that took place in
          December 1998. It should be noted that Guismoldo Eregua was detained in the same
          circumstances as and together with the persons on whose behalf the Special
          Rapporteur transmitted the urgent appeal dated 10 February 1999.
          1141. On 12 October 1999, the Special Rapporteur and the Special Rapporteur on
          extrajudicial, summary or arbitrary executions sent a joint urgent appeal on
          behalf of José Asdrubal Rios Rojas who on 17 May 1999 was standing at the door
          of his home in Barrio Isaias Medina Angarita, in Caracas, when a Metropolitan
          Police team arrived to carry out a search in the house of a neighbour. According
        
          
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          to the information received, when they had finished, one of the officials
          present ordered him to come over and when he refused three officials allegedly
          went to find him and gave him a beating in the presence of his wife and
          children. The police reportedly asked him what he had seen during the search and
          when he refused to reply motorized officers of the Metropolitan Police
          belonging, according to the source, to the Antonio José de Sucre Motorized
          Brigade took him to the police post in Barrio Nuevo Horizonte.
          Follow—un to previously transmitted corimunications
          1142. By letters dated 26 May 1996 and 5 November 1998 and urgent appeal dated
          13 October 1997, the Special Rapporteur called the Government's attention to the
          case of Felix Faria Arias, who was reportedly arrested and tortured by members
          of the Directorate of Intelligence and Prevention Services on 8 March 1997 in
          Baruta, near Caracas (see E/CN.4/1998/31/Add.1, para. 467) . By letters dated 18
          May and 18 December 1998, the Government informed the Special Rapporteur that
          Felix Faria Arias was a suspected member of the guerrilla group Bandera Roja
          and, according to the information supplied by the National Human Rights
          Corimission, verified by the Government Procurator's Office, was not currently
          being detained and had not been subjected to torture. Mr Faria Arias, a member
          of the Human Rights Commission of the Central University of Venezuela, was
          preparing his bachelor of sociology thesis and did not wish to institute
          proceedings, after having dropped the complaint he initially lodged with the
          Government Procurator's Office (under Venezuelan law, a private complaint is
          required before officials can be sanctioned for torture)
          1143. On 30 October 1996, 26 May 1997 and 5 November 1998, the Special
          Rapporteur transmitted to the Government communications received concerning
          alleged cases of torture in Venezuela. By letter of 11 Decer er 1998, the
          Government replied to several of these cases (all these are included in the
          report E/CN.4/1997/7/Add.1, para. 545), providing the information surimarized
          below.
          1144. Luis Escobar Ugas was allegedly arrested and tortured on three occasions
          between October 1995 and May 1996 by men presumed to be plain—clothes police
          officers. The Government informed the Special Rapporteur that, in connection
          with the events of 29 April 1996, it had commissioned Prosecutor No. 36 of the
          Public Prosecutor's Office for the Metropolitan District of Caracas, who had
          ordered a medical examination and the necessary investigations.
          1145. Luis Javier Rivero Olivares was reportedly tortured by members of the
          Technical Judicial Police (PTJ) in Maiquetia on 8 February 1995. According to
          the Government, since 11 March 1998 the case has been in the hands of Prosecutor
          No. 2 of the Public Prosecutor's Office for the municipality of Vargas in the
          Federal District, who has not yet been able to establish what actually occurred
          due to lack of information.
          1146. Américo Guzmán was allegedly arrested and tortured on 16 May 1996 in the
          parish of El Valle by two individuals suspected of belonging to the police.
          Since 11 March 1998, Prosecutor No. 82 of the Government Procurator's Office for
          the Caracas Area has been in charge of the investigation, but it has been
          impossible to establish what actually occurred for lack of information.
          1147. Asdrübal Fernández was allegedly arrested and tortured by members of the
          PTJ on 22 March 1996 in Guasdualito, State of Apure. On 29 March 1996, a
        
          
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          complaint was lodged in connection with this case against three officials
          assigned to the PTJ, Guasdualito District; the proceedings are currently in the
          examination stage.
          1148. Danny Ojeda Arrieta was allegedly arrested and tortured on 3 February
          1996 by members of the Armed Forces of Cooperation (National Guard) assigned to
          La Chinita International Airport in Maracaibo, State of Zulia, dying two days
          later. The Government informed the Special Rapporteur that this case had been
          referred to the military courts for investigation.
          1149. Julio José Nünez Pineda was allegedly arrested and tortured on 12 May
          1996 by two plain-clothes police officers of the Special Brigade in Pampán,
          State of Trujillo. According to the Government, a complaint was lodged against
          the two officials on 21 May 1996 before the ordinary criminal court of the State
          of Trujillo. On 16 June 1997, the court ordered that the investigation be kept
          open, since although the arresting officials had been identified, there was
          still not sufficient evidence of torture.
          1150. Victor Diaz Ojeda was reportedly arrested on 19 February 1996 and
          allegedly tortured by members of the National Guard and the PTJ in the State of
          Apure. According to the Government, there was never any complaint of
          maltreatment. The detainee merely said that he had health problems and asked for
          the investigation to be speeded up. The public prosecutor ordered a medico—legal
          examination which failed to produce anything of significance. Victor Diaz was
          acquitted on 26 February 1996 and released.
          1151. Baudillo Contreras and others were allegedly subjected to torture by
          mer ers of the National Guard on 16 November 1995 in Santa Barbara, State of
          Barinas. An investigation into the case was opened on 22 November 1995 in
          respect of a captain and a lieutenant in the National Guard. On 11 March 1998,
          the First Criminal Court of First Instance of the State of Barinas consolidated
          the existing proceedings and a decision is awaited.
          1152. José Anicasio Rojas was allegedly arrested and tortured by mer ers of the
          PTJ on 21 January 1996 in Guasdualito, State of Apure. The medical examination
          to which he was subjected the next day revealed evidence of various injuries and
          charges were laid against three officials of the CPTJ. Despite two requests by
          the public prosecutor for the investigation proceedings to be expedited, on
          13 February 1997 and again on 21 January 1998, it was still open.
          1153. Clodomiro Rivas Lopez and Francisco Garcia Boada were allegedly arrested
          and tortured on 16 May 1996 by PTJ officials in Tumero, State of Aragua. Upon
          being medically examined, both showed evidence of injuries and charges were
          brought against two officials of the PTJ on 15 August 1996. On 14 February 1997,
          the Criminal High Court of the First Circuit of the State of Sucre declared the
          case closed on the grounds that the alleged acts were not criminal in nature.
          Prosecutor No. 1 of the Public Prosecutor's Office in Sucre applied for a review
          of this decision on 20 February 1997.
          1154. Jesus Diaz, aged 16, was allegedly arrested and tortured on 27 January
          1995 by members of the National Guard in Antimano, Caracas. After a medical
          examination revealed injuries, on 16 March 1998 Prosecutor No. 15 for juveniles
          in Caracas laid an information before the Fifth Criminal Court of First Instance
          of Caracas, where the case was being investigated.
        
          
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          1155. Jairo A. Carrasquel, a minor, was allegedly arrested and tortured on
          12 February 1996 by members of the PTJ in Guasdualito, State of Apure. The
          Government provided information on the entire procedure to which the minor had
          been subjected for the alleged offence and on his surrender, on 28 February
          1996, to his legal representative under a regular visiting regime. According to
          the inquiries which the Government had made with the prosecution service and the
          Coordinator of the local Human Rights Committee, no complaints of torture had
          ever been made.
          1156. Josué Domingo Cuburuco was allegedly arrested on 20 February 1996 by
          National Guard personnel in El Amparo, State of Apure. The Government reported
          that he was being detained by Police Detachment No. 2 of the Páez District by
          order of the Criminal Court of First Instance of the State of Apure, which was
          trying his case. A medical examination had not revealed any signs of ill—
          treatment.
          1157. Anibal Ernesto Medina Lares is reported to have died on 29 Septer er 1995
          in Nirgua, State of Yaracuy, as a result of ill—treatment at the hands of
          mer ers of the National Guard. According to the Government, the body was exhumed
          and there was sufficient evidence to appoint a special examining magistrate. On
          13 August 1997, the Fourth Criminal Court of First Instance of the State of
          Yaracuy issued a detention order against four officials of the National Guard
          suspected of homicide and against four police officers suspected of concealment.
          On 28 August 1997, the Court released the four police officers on bail.
          1158. Andrés Eloy Blanco, along with others, was allegedly arrested and
          tortured on 5 October 1995 by mer ers of the Theft Division of the PTJ in
          Caracas. After the case had passed through various stages of investigation and
          charges had been brought against seven officials of the PTJ (an inspector, a
          subdirector, a detective, three police officers and a fingerprint specialist)
          it was referred to Prosecutor No. 35 of the Public Prosecutor's Office in
          Caracas. A final judgement had not yet been handed down due to the failure of
          the persons concerned to respond to a summons to make a statement before the
          Court on 3 July 1997.
          1159. Daniel José Urbano Frisneda, who suffers from partial paralysis, was
          allegedly arrested and tortured on 6 Nover er 1995 by mer ers of the National
          Guard in Catia, Caracas. On 11 Nover er, after five days during which his family
          did not know where he was, he was reportedly taken to Catia detention centre,
          where he is said not to have received medical attention and to have been made to
          sign a document he was not allowed to read. In connection with this same case,
          in addition to the letters mentioned above, on 28 November 1995 the Special
          Rapporteur sent an urgent appeal. According to the Government, Urbano could not
          have been made to sign any document since he had made a statement before
          Prosecutor No. 80. Nor was he in the Catia detention centre and approved school
          since the competent authority was the La Vega police detention centre in La Vega
          parish. There was no record of any complaint about ill—treatment by the person
          concerned or his family or evidence of his requesting medical attention. Urbano
          had been subjected to a psychiatric medical examination which had failed to
          reveal any indication of ill—treatment.
          1160. The Government acknowledged that the La Vega police detention centre was
          in a seriously run—down state and noted that remedial action was being taken.
        
          
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          1161. Fabio Perez was allegedly arrested and tortured by a National Guard
          lieutenant on 10 February 1995 in Atabapo, State of Amazonas. The Government
          reported that a medical examination had revealed eye injuries and the complaint
          lodged with the magistrate in San Fernando de Atabapo had been referred to
          Prosecutor No. 1 of the State of Amazonas on 13 April 1998, with a view to his
          taking the action necessary to ascertain the present state of the proceedings.
          1162. Buenaventura Lopez Serrano was allegedly arrested and tortured by mer ers
          of the Technical Centre of the Judicial Police in Páez, State of Apure, on 4
          February 1996. According to the Government, he was released on 21 February 1996
          and there had been no complaints of ill—treatment.
          1163. Ramón Molina Castro was allegedly arrested and tortured by mer ers of the
          PTJ on 2 May 1996, in Caracas. According to the information provided by the
          Government, a complaint was lodged against an inspector, seven detectives and
          two police officers assigned to the CPTJ's Anti—Theft Division. The case was
          still in the investigatory stage because the alleged assailants had not shown up
          to make a statement on 4 April 1998.
          1164. By the same letter, the Government provided information concerning cases
          to which it had already replied on 17 June 1997 relating to the following (for
          all these see E/CN.4/1997/7/Add.1, para. 545 and E/CN.4/1998/38/Add.1,
          paras. 468—471): Kleiner Alvarado Rodriguez, whose case was assigned to
          Prosecutor No. 9 for juveniles of the Public Prosecutor's Office in Caracas on
          11 March 1998, although lack of information was making it difficult to throw
          light on this case; José Felix Rivas, who had not complained of ill—treatment
          and whose detention particulars do not appear in the records of the Intelligence
          Division of the Metropolitan Police, the unit which, according to the
          Government's previous information, was responsible for his detention and the
          investigation of the case; and Jonathan David Rodriguez, in connection with whom
          no complaint for ill—treatment had come to light.
          1165. By letter dated 5 Nover er 1998, the Special Rapporteur corimunicated to
          the Government various cases of torture and ill—treatment alleged to have taken
          place in Venezuela. By letter dated 18 December 1998, the Government provided
          the following information on these cases.
          1166. Wilfredo Alvarado was allegedly arrested and tortured on 16 July 1997 in
          Barguisimeto, State of Lara, by members of the National Guard (see
          E/CN.4/1999/61, para. 774) . The Government reported that there had been no ill—
          treatment during his detention since, on 17 July 1997, he was handed over to the
          Prefecture of the Irribaren Autonomous Municipality, State of Lara, in perfect
          physical condition and had never lodged any complaint with the competent bodies.
          1167. Arnold Blanco, aged 15, was allegedly arrested on 13 July 1996 and
          tortured at the PTJ juvenile detention centre in Caracas (see E/CN.4/1999/61,
          para. 769) . According to the Government, the investigation of his case was
          supervised by the Sixth Prosecutor for juveniles to whom he confessed that he
          had inflicted wounds on himself in order to be brought quickly before a juvenile
          court. On 23 July 1996 he was transferred to the Centro Ciudad de Caracas for a
          decision by the Fifth Juvenile Court.
          1168. Luiris Elena Flores Acosta, aged 16, was reportedly arrested and tortured
          by mer ers of the PTJ on 14 March 1996 in Ocumare del Tuy (see E/CN.4/1999/61,
          para. 768) . According to the information provided by the Government, she
        
          
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          remained in the Juvenile Annex of the Ocumare del Tuy State police station's
          juvenile section, while the suspected theft which led to her detention was being
          investigated. When the legal detention period expired, she was handed over to
          her legal representative, who was required to produce her to the First Juvenile
          Court, when so requested.
          1169. Yuraima Lara was allegedly arrested and tortured on 16 October 1997 in
          Petare by members of the local police force of Sucre, State of Miranda, the ill—
          treatment having allegedly been inflicted in the barracks of the Directorate of
          Intelligence and Prevention Services (DISIP) (see E/CN.4/1999/61, para. 773).
          According to the information provided by the Government, Yuraima Lara made a
          statement to the DISIP in the presence of a public prosecutor, having herself
          refused to prefer charges against those who had detained her.
          1170. Sisco Torbello Cordero was allegedly arrested and tortured on 20 March
          1998 by members of the PTJ in Barquisimento, State of Lara (see E/CN.4/1999/61,
          para. 775) . The Government reported that, having been taken to PTJ Detachment
          No. 5 in Barquisimento, he declared before a prosecutor that he had not been
          ill—treated. However, on 25 March 1998, medical examinations indicated that
          Sisco Torbello had suffered injuries. The General Directorate of Human Rights of
          the Procurator General's Office had urged the Fifth Prosecutor to open an
          investigation.
          Observations
          1171. The Special Rapporteur appreciates the detailed and informative responses
          to the recorimendations contained in the report of his visit to the country (see
          E/CN.4/1997/7/Add.3, and Addendum 1 to the present report) . He considers that
          the new legal protections for persons deprived of liberty in the Organic Code of
          Criminal Procedure (COPP) are exemplary and should go far towards restricting
          opportunities for torture and similar ill—treatment to take place. He
          particularly welcomes the right of access to a lawyer from the moment of
          detention and the obligation to produce the detainee before a judge within
          48 hours thereof. The provision that only a statement made before a judge will
          now have probative value is an important protection. The substantial restriction
          of the “nudo hecho” proceeding in relation to acts corimitted by public officials
          is also an important contribution to avoiding impunity in respect of abuses by
          such officials. The clarification of judicial responsibility for inspecting
          prisons is also a valuable step. Independent inspection of places used for
          detention before transfer to a prison, especially police stations, is a measure
          that, if implemented, should act as a further safeguard against abuse.
          1172. The Special Rapporteur nevertheless remains concerned at the wall of
          judicial impunity disclosed by the Government's responses (for which he is also
          grateful) on previously transmitted cases and as noted by the Committee against
          Torture in the conclusions and recorimendations on its review of the periodic
          report of the country under the Convention against Torture (A/54/44, para. 137)
          Yemen
          UrQent a inieals and replies received
          1173. On 11 January 1999, the Special Rapporteur sent an urgent appeal with the
          Special Rapporteur on extrajudicial, summary or arbitrary executions and the
          Special Rapporteur on the independence of judges and lawyers on behalf of Abu
        
          
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          al-Hassan al-Medhar, Ahmed Mohammad All Atif and Sa'ad Moharimad Atif, reportedly
          arrested In connection with the kidnapping of 16 tourists which led to an armed
          clash in which several persons were killed. They were allegedly held in
          incommunicado detention, some in shackles. It was further reported that Moshin
          Ghalain, Shahid Butt, Malik Nassar Harhra, Ghulam Hussein and Samad Ahmed, all
          British citizens, as well as others whose names were not known, had been
          arrested in late December 1998 under suspicion of planning bomb attacks in Aden
          and having contacts with the group suspected of the above-mentioned kidnappings.
          Some of these persons had reportedly been tortured and held in incommunicado
          detention.
          1174. On 16 September 1999, the Special Rapporteur sent a joint urgent appeal
          with the Chairman-Rapporteur of the Working Group on Arbitrary Detention on
          behalf of Omar Ibrahim Dagah, who had reportedly been arrested on 27 August 1999
          by the Political Security Branch of the security forces after an explosion in
          the Tuwahi area of Aden. Since then, he had been held in incommunicado
          detention. He was reportedly held in shackles and handcuffs and looked weak and
          exhausted. On 15 September, his family had reportedly learnt from security
          officials that he had confessed to carrying out the bombing and that he would
          soon appear in court.
          YuQoslavia (Federal Republic of)
          ReQular communications and replies received
          1175. By letter dated 19 November 1999, the Special Rapporteur advised the
          Government that he had received information of violence, including beatings, in
          connection with a demonstration in Pec on 18 March 1998. Around 97 people were
          allegedly beaten by the police on the day of the demonstration, at a nur er of
          locations, including an area near the railway line where police allegedly
          stopped the gathering demonstrators from entering the town to join the protest.
          In particular, the Special Rapporteur received information on the following
          case.
          1176. Besa Gaxhere, a member of the Women's Forum of the Democratic League of
          Kosovo, had reportedly joined several thousand citizens in a series of
          demonstrations supposedly called to protest the killings of dozens of people in
          the Drenica area of Kosovo province. A large group of police reportedly suddenly
          rushed at the crowd and allegedly began to beat them. She reportedly sustained
          blows from truncheons and was punched by policemen who allegedly blamed her for
          organizing the protests.
          1177. The Special Rapporteur has further been advised of alleged police
          violence directed towards some of the people who attended a demonstration on
          19 March 1998 in the centre of Kosovka, Mitrovica. Four men were stopped by
          police and beaten as they entered the town to take part in the demonstration. At
          least one of the men was reported to have been seen walking with difficulty as a
          result of his injuries.
          1178. The Special Rapporteur has also received information of the alleged
          beating and detention of demonstrators in Leskovac on 6 June 1999. The
          demonstrators were reportedly protesting for the release of Ivan Novkovic, who
          had been sentenced to 30 days in prison on 5 June 1999, supposedly for arranging
          an anti—governmental protest without giving advance warning to the authorities.
        
          
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          Police in riot gear allegedly beat demonstrators in order to disperse the
          demonstration.
          1179. On 9 November 1999, a large number of persons, including Ivan Markovic, a
          student, Predrag Milosavljevic and Olivera Obradovic, who were peacefully
          protesting against the Government were reportedly injured by the police. Most of
          the persons injured are reported to be students or media workers.
          1180. The following specific cases have been transmitted to the Government by
          the Special Rapporteur with respect to a demonstration which reportedly took
          place on 18 March 1999 in Pristina. Vlora Maliqi was allegedly struck down and
          beaten by police. She was allegedly beaten by six policemen who kicked her all
          over her body, pulled out her hair and then turned her over to hit her on her
          back and stomach. The resulting injuries she was reported to have sustained
          included bruises to her face, back, legs and arms. Naser was reportedly stopped
          by police when he was returning home from the same demonstration. He was
          reportedly taken by police officers to a school building, where he was allegedly
          beaten by police using truncheons. Bruises over his body, including his back,
          consistent with his allegations were reportedly still visible a few days later.
          1181. The Special Rapporteur also transmitted information on the following
          individual cases which are summarized below.
          1182. Besim Rama and Avni Nura were reportedly detained by the police on
          17 Septer er 1996. They were allegedly tortured while they were questioned by
          investigating magistrates. In addition, Besim Rama's brother, Osman Rama, was
          reportedly bundled into a car and taken to an unknown location, where he was
          allegedly beaten and questioned by the police about his brother's political
          activities. He was later released and then detained again for a further six
          days' interrogation, during which he was allegedly tortured before being
          released.
          1183. Jonuz Zeneli was reportedly arrested on 30 April 1997 and indicted on
          charges of terrorism. On 16 October 1997, before his trial was to commence, he
          died in Belgrade Central Prison. He had reportedly been transferred there from
          the prison hospital in Lipljan. He had been in hospital because of kidney pain
          allegedly caused by torture in prison.
          1184. Nait Hasani was reportedly arrested by police in Pristina on 28 January
          1997. He was later transferred by police to a hospital in Pristina as he was in
          a coma caused by alleged police beatings. He was later reportedly abducted from
          the hospital by police on 31 January 1997 and taken to an unknown location,
          where he was allegedly tied to a bed and tortured by police by electric shocks
          and other ill-treatment. He was reportedly brought before an investigating
          magistrate on 28 February, whom he told that he had been tortured by police.
          1185. Ferdian Iberdemaj, aged 16, from Pec in Kosovo, was reportedly taken by
          the police to the hills near Brestovik village on 2 September 1997. He was
          allegedly beaten by the police with rubber pipes and truncheons while he was
          held for several hours.
          1186. Ismet Gjocaj was reportedly stopped on 21 Nover er 1997 by a police
          patrol as he and a friend were cutting wood near the border between Kosovo and
          Albania. He was allegedly threatened by the police and then taken to his home,
          which the police reportedly proceeded to search. He was then reportedly ordered
        
          
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          by the police to report to the police station on 25 Nover er. On that day, he
          reported to the police and made a statement about what had happened to him on
          21 November 1997. He died on 27 November. Photographs of his body reportedly
          indicate that his body had freshly-inflicted multiple bruising, predominately to
          the back, buttocks and arms. This bruising was allegedly inflicted with a baton,
          truncheon or similar object; and the majority of the wounds were inflicted from
          behind.
          1187. Five men, including Mehmet Memcaj, were arrested in and around Prizren on
          27 or 28 February 1998 and taken into custody. They were reportedly accused of
          having placed a bomb in Prizren, possessing and smuggling arms and being mer ers
          of an organization called the National Movement for the Republic of Kosovo. They
          were denied access to their lawyers until 3 March and were still then unable to
          speak with them confidentially. While in prison, they were allegedly tortured by
          police officers with electric shock batons to extract confessions from them,
          allegedly because they had given “incomplete statements” to investigating
          magistrates.
          1188. Soko Rugovac was reportedly stopped by the police in Pec in Kosovo on
          12 April 1998, while taking a taxi from the bus station to his aunt's house. He
          was reportedly taken to the main police station, where he was lead to the
          basement. When he was being interrogated by police, he reportedly admitted that
          he had voted for Milo Djukanovic at the Montenegrin parliamentary elections held
          in May 1997. The police allegedly branded the letters “MILO” on his chest with a
          hot iron, cut lines on his chest with a knife, and punched and slapped him.
          Following the incident, the Montenegrin Ministry of the Interior supposedly
          issued a protest to the equivalent Serbian Ministry, calling for action against
          the police officers involved. In subsequent newspaper reports, apparently the
          Pec police station had claimed the whole story was invented by Montenegrin
          police.
          1189. Arsim Krasniqi was reportedly arrested on 30 April 1998 while carrying
          out his work as a street sweeper in Pristina. The police first questioned him
          about the Kosovo Liberation Army and then kicked and beat him with truncheons on
          the street. The beating reportedly continued when he was later taken to the
          police station. At the police station he was also reported to have been
          handcuffed to a radiator while police allegedly tortured him by carving out a
          cross on his chest.
          1190. Besa Arllati, Chairperson of the Information Commission of the Djakovica
          Branch of the Democratic League of Kosovo, was reportedly arrested by two police
          inspectors on 26 May 1998 and subsequently taken to the local police
          headquarters. They reportedly gave no reason for her arrest. The Chief Inspector
          allegedly lost his temper and began to hit her violently, drawing blood. He then
          reportedly questioned her about the whereabouts of various ethnic Albanians. She
          was reportedly then taken to a cellar fouled by urine and faeces, where she was
          left for 30 hours and where she was allegedly ordered to stand up every hour.
          She was reportedly released the following day with orders to return the next
          day. On that day, she was detained until mid-day, during which time she was
          allegedly subjected to verbal abuse and questioning about the activities of the
          Democratic League of Kosovo. Upon her release she reportedly sought medical
          attention, complaining of headaches and dizziness.
          1191. Qamil Khemajli was arrested in Kosovo on 31 January 1997 by the police.
          He was reportedly interrogated about arms which he had allegedly used to kill
        
          
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          police officers. When he denied possessing any such weapons, the police
          allegedly punched him on the face and body. He was reportedly later taken to the
          police station in Urosevac, where the police allegedly chained him to a metal
          cupboard and beat him. One and a half days later he was reportedly transferred
          to Gnjilane prison, where he was allegedly further beaten by the police before
          being released. Medical reports two weeks later confirmed that he had a broken
          rib and bruises to his head and body.
          1192. Dr. Aferdita Zuna, Suzana Caprigi and Linda Salihu, members of the staff
          of the University of Pristina, who were reportedly holding regular end—of—term
          meetings to discuss routine administrative matters on 10 June 1998, were
          allegedly beaten by police officers with rubber truncheons and long batons as
          they attempted to leave the building which a group of police had allegedly burst
          into. The majority of the blows were reported to be directed at their heads and
          bodies. Later, medical treatment was reportedly sought for the injuries, which
          were said to include bruising, wounds, fractures and shock.
          1193. By the same letter, the Special Rapporteur reminded the Government of a
          nur er of cases transmitted in 1998 and 1997, regarding which no reply had been
          received.
          Zambia
          ReQular communications and replies received
          1194. By letter dated 29 November 1999, the Special Rapporteur advised the
          Government that he had received information according to which law enforcement
          officials have used excessive force to disperse peaceful demonstrations. In
          particular, the Special Rapporteur has received information according to which
          on 13 August 1997, street vendors began a public protest after their stalls were
          burnt down by unknown arsonists in the makeshift “Soweto Market” in the downtown
          area of Lusaka. Hundreds of heavily armed paramilitary police officers allegedly
          began to beat both rioters and uninvolved passers—by with batons and fired tear
          gas canisters at groups of people found in the downtown area. The officers
          allegedly continued the assaults in Chibolya, Misisi and John Howard townships
          near the “Soweto Market” upon anyone they found. Jane Mwamba, a vendor,
          reportedly fell down while trying to run with her baby. A policeman allegedly
          kicked her repeatedly to the extent that she could no longer walk. It is alleged
          that the police were so brutal that two rioters were beaten to death. According
          to the information received, no police officers were disciplined or prosecuted
          in connection with the injuries and alleged deaths of the street vendors during
          the police operation.
          1195. The Special Rapporteur has also transmitted the following cases.
          1196. Several persons from in Limalunga village, near Mongu city in the Western
          Province, were reportedly arrested after the alleged killing by the police of
          Milupi Sitwala and Kalumiana Muyangwa Libuku on 11 February 1998. After angry
          villagers reportedly vandalized the Limalunga police post by breaking windows
          and starting a fire, officers arrived from Mongu police post in riot gear, and
          reportedly started to beat about 30 villagers with their rifle butts and short
          batons. The officers broke the left arm of one villager, Josias Imasiku Mushala,
          and bayoneted him in the left foot three times, then allegedly denied him
          medical attention for eight days. Police officers arrested about a dozen persons
          and took them to Mongu police post, where Masiye Lowendo and Siseho Sinaali and
        
          
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          at least two others were allegedly tortured every night by beatings with a
          spanner, a hand axe, a metal gear shaft and short batons. After reportedly
          holding the detainees for four nights in overcrowded cells without water, food
          or medical treatment, nor access to family members or lawyers, the police
          finally allowed them to have a meal and to meet with their lawyers on
          15 February 1998. Most of the detainees were eventually released on bail on
          19 February 1998. Only then did the injured men receive medical care. A police
          inspector—general reportedly intervened to have Kalumiana Muyangwa Libuku flown
          to Lusaka for treatment for a gunshot wound to his stomach. He was later
          returned to Limalunga by ar ulance at police expense. The inspector—general
          reportedly ordered an investigation after media reports of the incident
          conflicted with the local commanding officer's account. On 4 August 1998, one
          police constable involved appeared in court on charges of murdering Milupi
          Sitwala, but frequent adjournments delayed the start of the trial until
          22 February 1999. However, the State reportedly began the trial of four
          Limalunga villagers in 1998, prosecuting Siseho Sinaali and three others for
          allegedly assaulting police officers and damaging the police post in Limalunga.
          Despite an internal police investigation into the incident, none of the
          approximately 50 officers involved in the alleged beatings of the villagers have
          reportedly been disciplined or charged with any offence.
          1197. Evans Kapaso was reportedly arrested on 7 August 1997 by two constables
          from Mungwi police post in Mungwi district. He was allegedly beaten on his chest
          and hand with a heavy wooden pestle ( Umwinshi ) . He had reportedly been arguing
          with a police constable over the cost of a live chicken. He reportedly went to
          the police station to lodge a complaint and obtain a “medical report” form
          issued by the police for treatment. Without this form it is unlawful for an
          individual to be treated by a medical practitioner for injuries. He was
          reportedly arrested by the officer on duty who accused him of assaulting a
          fellow officer. Upon taking him into a police cell, the officer on duty
          allegedly ordered five other detainees to hold Evans Kapaso down and he was then
          allegedly beaten with a pounding stick on his chest. He reportedly vomited
          blood. He was eventually released the following day, after his wife allegedly
          paid a 20,000 Zambian Kwacha bribe to the police officers to release her
          husband. The police reportedly refused to provide him with a medical report
          form, so he only received medical attention after the intervention of a district
          official of the ruling party, who threatened to take action against the officer
          in charge of Mungwi police post. A medical professional at the Rural Health
          Centre in Mungwi reportedly noted that Evans Kapaso had “general body pains
          especially to the chest because of having been beaten by someone” . The local
          authorities - the Joint Council and Ward Development Committee - reportedly
          wrote a letter to the Commanding Officer of the Northern Division of the police
          service on 11 September 1997. Both constables who allegedly tortured Evans
          Kapaso were reportedly transferred to other police posts in the province and
          have not been disciplined or prosecuted. The police have reportedly made no
          attempt to investigate the allegations.
          UrQent a inieals and replies received
          1198. On 12 March 1999, the Special Rapporteur sent a joint urgent action with
          the Special Rapporteur on the promotion and protection of the right to freedom
          of opinion and expression on behalf of Amos Malupenga, Goodson Machona, Brighton
          Phiri, Joe Kaunda, Kelvin Shimo and Lubasi Katundu, all journalists with the
          independent Post newspaper, who had reportedly been arrested on 9 and 10 March
          1999. Lubasi Katundu and Kelvin Shimo were said to be detained at Woodlands
        
          
          E/CN. 4/2000/9
          page 237
          police station in Lusaka, and Joe Kaunda was said to be detained at Chilanga
          police station, outside Lusaka. Amos Malupenga, Goodson Machona and Brighton
          Phiri have been held in incommunicado detention in an unknown place since their
          arrest. All the journalists are believed to have been arrested in connection
          with a lead article on the low military capabilities and unprepared state of the
          ZarcJiian army in the face of a possible threat from Angola.
          Zimbabwe
          ReQular communications and replies received
          1199. By letter dated 6 October 1999 sent with the Special Rapporteur on the
          promotion and protection of the right to freedom of opinion and expression, the
          Special Rapporteur advised the Government that he had received information on
          the following cases.
          1200. Mark Chavunduka, editor of the independent Sunday newspaper, The
          Standard , was reportedly arrested on 12 January 1999 by the military police in
          Harare and detained incommunicado for six days at Cranborne military barracks.
          Ray Choto, chief reporter for the same newspaper, was reportedly arrested on
          19 January 1999 by the police. It is alleged that they were arrested in
          connection with an article published on 10 January 1999 regarding the arrest of
          23 military officers for plotting a coup in December 1998. Both journalists have
          reportedly sustained serious injuries as a result of torture suffered during
          their detention at the military police station. They were allegedly beaten with
          fists, wooden planks and rubber batons, and subjected to electric shocks. Both
          were reportedly released on 21 January 1999.
          UrQent a inieals and replies received
          1201. On 9 February 1999, the Special Rapporteur sent an urgent appeal on
          behalf of Grace Kwinjeh, a journalist, and Dr. Ibbo Mandaza, publisher of the
          ZircJiabwe Mirror newspaper. They had reportedly been arrested on 8 February 1999
          by the Criminal Investigation Division (CID) of the Zimbabwe Republic Police.
          Both, as well as Fernando Goncalves, an editor, and Ferai Mungazi, a former
          editor, were said to have been charged with allegedly publishing a false report
          “likely to cause fear, alarm or despondency among the public” . The charges are
          in connection with an article published in the Zimbabwe Mirror on 30 October
          1998 which reported that a ZircJiabwean family had received just the head of their
          son, a soldier in the Zimbabwe National Army killed in the Democratic Republic
          of Congo, where the army is deployed.
          Information transmitted to the Palestinian Authority
          ReQular communications
          1202. By letter dated 24 November 1999, the Special Rapporteur advised the
          Authority that he had received information on the following case.
          1203. Fathi Subuh, a university lecturer at al—Azhar University in Gaza, was
          reportedly arrested by the Preventive Security Service (PSS) on 2 July 1997.
          According to the information received, the previous month he had set the
          questions for an examination for his Critical Thinking course at the university.
          Two questions asked students to write about corruption in the Palestinian
          Authority and in the university. He was allegedly initially detained
        
          
          E/CN. 4/2000/9
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          incommunicado in the Tel al—Hawa Prison under PSS in Gaza. He was allegedly hung
          from behind by his hands with his feet off the ground, forced to balance for
          long periods on his toes, and was allegedly beaten and deprived of sleep. He was
          reportedly released on 26 November 1997.
          1204. By the same letter, the Special Rapporteur reminded the Authority of a
          nur er of cases transmitted in 1998, regarding which no reply had been received.
          UrQent a eals
          1205. On 10 March 1999, the Special Rapporteur sent an urgent appeal on behalf
          of Bilal Yehya Al-Ghoul, a 15-year-old student. On 12 February 1999, he had
          reportedly been arrested at his house in Moghraga, in the south of Gaza, by the
          General Intelligence Services, and has since then been detained in incorimunicado
          detention. It is alleged that his arrest is related to the fact that his father
          escaped from a Palestinian prison on 11 Decer er 1998.
          IV. CONCLUSIONS AND RECOMMENDATIONS
          1206. In paragraph 20 of its resolution 1999/32, the Corimission encouraged the
          Special Rapporteur to continue to include amongst his recommendations proposals
          on the prevention and investigation of torture, taking into account information
          received on training manuals, training activities and specialized devices aimed
          at facilitating the practice of torture.
          1207. As reported above (para. 7) , the Special Rapporteur participated in two
          meetings at which the Manual on the Effective Investigation and Documentation of
          Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (the
          Istanbul Protocol) was adopted and further dissemination discussed. The Manual
          is based on and closely follows the form and content of the Manual on the
          Effective Prevention and Investigation of Extra—legal, Arbitrary and Surimary
          Executions (ST/CSDHA/12, Sales No. E.91.IV.1) . The Special Rapporteur
          understands that the Manual is to be in principle issued by the Office of the
          United Nations High Commissioner for Human Rights in its Professional Training
          Series, commends the Office for its initiative and hopes that it will be widely
          disseminated in as many languages as possible.
          1208. An appendix to the Manual contains “Principles on the effective
          investigation and documentation of torture and other cruel, inhuman or degrading
          treatment or punishment”. These principles are modelled on the paragraphs
          dealing with investigation contained in the Principles on the Effective
          Prevention and Investigation of Extra—legal, Arbitrary and Summary Executions,
          adopted by the Economic and Social Council in its resolution 1989/65 and
          endorsed by the General Assembly in its resolution 44/162 (1989) . They seek to
          apply to the problem of torture the same principles of investigation — with
          adaptations reflecting the specific subject—matter — as apply to extra—legal
          executions. They do not break new ground.
          1209. Accordingly, the Special Rapporteur commends these Principles, which are
          annexed to the present report, to the attention of the Commission. He believes
          that their utility could be further enhanced were they to receive the
          endorsement of the Commission and, for that matter, of the Economic and Social
          Council and the General Assembly, and he so recommends.
        
          
          E/CN. 4/2000/9
          page 239
          Annex
          PRINCIPLES ON THE EFFECTIVE INVESTIGATION AND DOCUMENTATION
          OF TORTURE AND OTHER CRUEL, INHUMAN OR DEGPADING
          TREATMENT OR PUNISHMENT
          1. The purposes of effective investigation and documentation of torture and
          other cruel, inhuman or degrading treatment (hereafter torture or other
          ill—treatment) include the following:
          (i) Clarification of the facts and establishment and
          acknowledgment of individual and State responsibility for victims and
          their families;
          (ii) Identification of measures needed to prevent recurrence;
          (iii) Facilitating prosecution and/or, as appropriate, disciplinary
          sanctions for those indicated by the investigation as being responsible,
          and demonstrating the need for full reparation and redress from the
          State, including fair and adequate financial compensation and provision
          of the means for medical care and rehabilitation.
          2. States shall ensure that complaints and reports of torture or
          ill-treatment shall be promptly and effectively investigated. Even in the
          absence of an express complaint, an investigation should be undertaken if there
          are other indications that torture or ill—treatment might have occurred. The
          investigators, who shall be independent of the suspected perpetrators and the
          agency they serve, shall be competent and impartial. They shall have access to,
          or be empowered to commission, investigations by impartial medical or other
          experts. The methods used to carry out such investigations shall meet the
          highest professional standards, and the findings shall be made public.
          3. (a) The investigative authority shall have the power and obligation to
          obtain all the information necessary to the inquiry. The persons conducting the
          investigation shall have at their disposal all the necessary budgetary and
          technical resources for effective investigation. They shall also have the
          authority to oblige all those acting in an official capacity allegedly involved
          in torture or ill-treatment to appear and testify. The same shall apply to any
          witness. To this end, the investigative authority shall be entitled to issue
          summonses to witnesses, including any officials allegedly involved, and to
          demand the production of evidence.
          3. (b) Alleged victims of torture or ill—treatment, witnesses, those
          conducting the investigation and their families shall be protected from
          violence, threats of violence or any other form of intimidation that may arise
          pursuant to the investigation. Those potentially implicated in torture or
          ill—treatment shall be removed from any position of control or power, whether
          direct or indirect, over complainants, witnesses and their families, as well as
          those conducting the investigation.
          4. Alleged victims of torture or ill—treatment and their legal
          representatives shall be informed of, and have access to, any hearing, as well
          as to all information relevant to the investigation, and shall be entitled to
          present other evidence.
        
          
          E/CN. 4/2000/9
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          5. (a) In cases in which the established investigative procedures are
          inadequate because of insufficient expertise or suspected bias, or because of
          the apparent existence of a pattern of abuse, or for other substantial reasons,
          States shall ensure that investigations are undertaken through an independent
          corimission of inquiry or similar procedure. Members of such a commission shall
          be chosen for their recognized impartiality, competence and independence as
          individuals. In particular, they shall be independent of any suspected
          perpetrators and the institutions or agencies they may serve. The corimission
          shall have the authority to obtain all information necessary to the inquiry and
          shall conduct the inquiry as provided for under these Principles 1.
          5. (b) A written report, made within a reasonable time, shall include the
          scope of the inquiry, procedures and methods used to evaluate evidence as well
          as conclusions and recorimendations based on findings of fact and on applicable
          law. On completion, this report shall be made public. It shall also describe in
          detail specific events that were found to have occurred, the evidence upon which
          such findings were based, and list the names of witnesses who testified, with
          the exception of those whose identities have been withheld for their own
          protection. The State shall, within a reasonable period of time, reply to the
          report of the investigation and, as appropriate, indicate steps to be taken in
          response.
          6. (a) Medical experts involved in the investigation of torture or
          ill-treatment should behave at all times in conformity with the highest ethical
          standards and in particular shall obtain informed consent before any examination
          is undertaken. The examination must conform to established standards of medical
          practice. In particular, examinations shall be conducted in private under the
          control of the medical expert and outside the presence of security agents and
          other government officials.
          6. (b) The medical expert should promptly prepare an accurate written
          report. This report should include at least the following:
          (i) Circumstances of the interview: name of the subject and names
          and affiliations of those present at the examination; the exact time and
          date; the location, nature and address of the institution (including,
          where appropriate, the room) where the examination is being conducted
          (e.g. detention centre, clinic, house, etc.); the circumstances of the
          subject at the time of the examination (e.g. nature of any restraints on
          arrival or during the examination, presence of security forces during the
          examination, demeanour of those accompanying the prisoner, threatening
          statements to the examiner, etc.); and any other relevant factor;
          (ii) History: a detailed record of the subject's story as given
          during the interview, including alleged methods of torture or
          ill—treatment, the times when torture or ill—treatment is alleged to have
          occurred and all complaints of physical and psychological symptoms;
          (iii) Physical and psychological examination: a record of all
          physical and psychological findings on clinical examination, including
          1/ Under certain circumstances, professional ethics may require
          information to be kept confidential. These requirements should be respected.
        
          
          E/CN. 4/2000/9
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          appropriate diagnostic tests and, where possible, colour photographs of
          all injuries;
          (iv) Opinion: an interpretation as to the probable relationship of
          the physical and psychological findings to possible torture or
          ill—treatment. A recommendation for any necessary medical and
          psychological treatment and/or further examination should be given;
          (v) Authorship: the report should clearly identify those carrying
          out the examination and should be signed.
          6. (c) The report should be confidential and communicated to the subject or
          his or her nominated representative. The views of the subject and his or her
          representative about the examination process should be solicited and recorded in
          the report. It should also be provided in writing, where appropriate, to the
          authority responsible for investigating the allegation of torture or
          ill—treatment. It is the responsibility of the State to ensure that it is
          delivered securely to these persons. The report should not be made available to
          any other person, except with the consent of the subject or on the authorization
          of a court empowered to enforce such transfer.
        
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