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Djibouti
Information transmitted to the Government
158. In a letter of 21 August 1992, the Special Rapporteur informed the Government that he had received allegations that most persons arrested in Djibouti in political cases were tortured shortly after their initial interrogation. Torture was normally inflicted by members of the information and security service, such as the Ambouli brigade, also known as Villa Christopher or the northern brigade. Prisoners are generally tortured while in police custody when they cannot be visited by members of their family, lawyers or medical personnel.
159. Torture appears to be used principally to induce detainees to make statements incriminating others that can be used before the examining magistrate. Questioning by the examining magistrate after the period of police custody is conducted in the presence of members of the security forces, notably those responsible for torturing or maltreating the person under interrogation. In most cases members of the judicial police are alleged to have threatened prisoners with further torture in the course of their journey from the detention centre to the prosecutors department if they do not confirm the statements they signed while in police custody.
160. The most commonly used methods of torture are: a bottle forced into the anus, cigarette burns, blows, particularly on the genitals, electric shocks, the swing, in which the prisoner is suspended with the hands and feet tied to a rod supported on trestles. The prisoner has a gag in the mouth and is beaten with ropes, hosepipes or sticks. In this position he is insulted and the gag is soaked in liquids which the victim is forced to swallow to choking point. The liquids used include soapy water, dirty water and bleach. Attention was drawn to three specific cases:
(a) Kassim Ahmed Dini, an official in the Ministry for Foreign Affairs, and Ali Couba, a bank manager, who were arrested in August 1990 for possession of pamphlets criticizing the government and advocating a multiparty system. During his detention in the north brigade's quarters the former was kept tied to a rod standing on a chair, so that if he made a move to get down from the chair he was left hanging on the rod. Ali Couba was subjected to the swing, beating and electric shocks;
(b) Houmed Dini Ali (known as Lakisso) was arrested at Tadjourah in April 1989. As a result of maltreatment while in police custody, his jaw was broken and a rib was cracked.
Dominican Republic
Information transmitted to the Government
161. In a letter of 7 September 1992 the Special Rapporteur advised the Government that he had received information concerning the case of Felipe de Jesús Medrano García, director of the cultural promotion unit of the autonomous university of Santo Domingo. He was arrested at his home by personnel of the national police forgery squad and was taken to the police palace where he was kept until 24 January, when he was released. He was beaten with a wooden bat on various parts of the body including the buttocks and the loins. He was also struck on the left ear with a rubber truncheon.
Equatorial Guinea
Information transmitted to the Government
162. In a letter of 21 August 1992 the Special Rapporteur informed the Government that he had received information about the torture and resulting death of the following persons:
(a) Alberto Alogo, of Ndumu Eseng, Ebebiyin, Kie Ntem. He died in early 1990 in the Bata police station;
(b) Diosdado Abaga Nvo, of Milee Nsomo, Ebebiyin, Kia Ntem. He died on 5 July 1991 after detention by the Makabo police. The death certificate gives the cause of death as severe bruises all over the body, in particular the chest and abdomen and multiple wounds and haematoma.
163. The Special Rapporteur also received information on the case of Mr. Nicolas Masoko Elonga, a member of the Social Democratic Coalition, who was detained by police from 16 to 24 December 1991. He was tied up and flogged with a cudgel until he fainted.
164. The Special Rapporteur also addressed urgent appeals to the Government on behalf of the following who were, according to his informants, in danger of torture or maltreatment. The dates of the appeals are given in brackets at the end of the summaries of the various cases.
165. Plácido Mikó Abogo, founded of the Convergence for Social Democracy Party, and Pedro Motu Mamiaga were arrested at Malabo, the former on 9 and the latter on 23 February 1992 and taken to the barracks used by Moroccan soldiers. According to eye witnesses, Plácido Mikó Abogo was brutally beaten by eight policemen before he was removed and suffered serious injury. Pedro Motu Mamiaga was arrested only a few days after he had been released under a general amnesty law. (27 February 1992).
166. Pilar Mañana was arrested by security police during the afternoon of 10 June 1992 when she was in the bar of her property in Malabo. The report states that she was arrested for possession of a copy of the opposition publication "Convergencia para la democracia social". Another factor may have been her Kinsman, Jose Nuumba Mañana's membership of the opposition. He was himself arrested in May 1992 and subsequently released. (30 June 1992).
Egypt
Information transmitted to the Government and replies received thereon
167. By letter dated 4 September 1992 the Special Rapporteur transmitted to the Government of Egypt a summary of the main allegations received with regard to the practice of torture in the country, as well as a number of individual cases. In addition to this, the Special Rapporteur made two urgent appeals on behalf of persons who, according to the information received, were at risk of being tortured.
(a) Information transmitted to the Government with regard to the practice of torture in general
168. The Special Rapporteur was informed that torture had become routine police procedure carried out by ordinary police officers in police stations as well as by officers of the State Security Intelligence (SSI) at its diverse headquarters in Cairo and the provinces and even in some prisons such as the Tora. Torture is administered with the aim of extracting confessions or to punish political opponents and suspects.
169. Torture was reportedly restored in Egypt with the imposition of the state of emergency in the wake of the assassination of former President Anwar Sadat in 1981 and in conjunction with the phenomenon of violence committed by some political Islamist groups. Persons suspected of belonging to these groups have accounted for the bulk of torture victims during the past decade.
170. Torture has not been limited to suspected Islamist activists, however. It has come to include among its victims persons suspected of belonging to Nasserist and Communist organizations, Christians accused of enticing Muslims to convert and Muslims accused of converting to Christianity. Torture victims have also included journalists, lawyers, workers, doctors, engineers, university school students and school children. Palestinian residents and visitors have also been among the victims of torture in Egypt.
171. Along with the political cases, Egyptian citizens are reportedly exposed on a daily basis to inhuman and degrading treatment in police stations. Torture and mistreatment have become routine police procedure in the investigation of ordinary crimes and the interrogation of suspects.
172. Methods of torture include the stubbing of burning cigarette ends into the bodies of the victims, beatings with whips and leather straps as well as with solid objects, hanging in extremely awkward positions for long periods resulting occasionally in temporary or permanent paralysis, and the application of electric shocks to the genitals and to other sensitive parts of the body. Torture is normally accompanied by other forms of abuse, including verbal abuse and threats to kill the victim, rape him or rape his wife or women kinfolk. Prolonged incommunicado detention, permitted under state of emergency legislation, facilitates the practice of torture.
173. Information was received, in particular, with respect to abuses against convicted prisoners, administrative detainees and prisoners in protective custody incarcerated in the Tora prisons complex. These include imposing the whipping penalty and solitary confinement, with the latter punishment being widely practised by the Tora prisons authorities without adhering to the limits set by the law. Furthermore, prisoners are mistreated by denying them their daytime outings on the prison grounds and the visits of family members. In addition, there is a high incidence of repeated removal from prison in the middle of the night of many political prisoners, who are taken to the State Security Intelligence headquarters in Lazoughly where they are brutally tortured. Prisoners are most likely to be exposed to such treatment during the early part of their confinement.
174. Political detainees who are charged, and who claim to have been subjected to torture, may be examined by forensic medical doctors at the request of the niyaba (state procuracy) or the trial court. However, administrative detainees, held without charge or trial, usually have no opportunity to submit a complaint about their treatment to the competent authorities.
175. Medical examinations have often taken place long after the alleged torture occurred. However, in some cases forensic medical doctors have been able to conclude that physical marks on the bodies of political detainees are consistent with the methods of torture they describe and with the date on which the torture is alleged to have taken place.
176. The Special Rapporteur also received reports critizing Law 396 (1965) on the Regulation of Prisons, which in article 43, paragraph 7, allows the whipping of prisoners as a disciplinary penalty; the prisoner may be punished by being whipped not in excess of 36 lashes, and if the prisoner is under 17 years of age, the whip is replaced by a thin stick and the beating should not exceed 10 lashes. The punishment of whipping is applied in all prisons -including the Tora prisons - by tying up the prisoner, half naked, to a wooden structure. In addition, Law 396 also allows solitary confinement as a disciplinary punishment for prisoners, restricting the duration of a single penalty to no more than 15 days. According to the information received, this period is often exceeded in the Tora prisons complex and some detainees spend the whole period of their administrative detention in solitary confinement.
177. According to the reports, torture victims do not normally make formal complaints, either because they do not believe any steps will be taken to investigate them or because they fear reprisals. The public prosecution finds it sufficient merely to record its observation of signs of physical abuse but does not engage in a serious effort to pursue the culprits.
(b) Individual cases transmitted to the Government
178. Mohammad Mu'taz'Ali'Abd al-Karim was 15 years old when he was arrested and tortured in 1990. On the first occasion, in May, he was held for two months. He was at liberty for only two weeks before he was rearrested and he remained in detention until 4 January 1991. During this time he was held by the SSI in Minya, in Upper Egypt, and in Istiqbal Tora prison outside Cairo; he was held in solitary confinement in a basement cell for about a month. He was blindfolded and his hands and feet were tied. He was reportedly stripped of his clothes and suspended from a bar resting on two tables. The soles of his feet were beaten. When his feet became swollen he was made to run or cold water was poured over them to bring the swelling down.
179. Hana"Ali Farrag was a 17-year-old student when she was arrested at her home in Minya towards the end of July 1990. She was suspended from a bar upside down and beaten on the soles of her feet with a thick wooden stick.
180. Dr. Ahmed Isma'il Mahmoud, a medical doctor, was arrested on 17 October 1990 when mass arrests followed the assassination of the Speaker of the People's Assembly, and was accused of having links with the Muslim Brothers. He was held initially at the SSI centre in Gaber bin Hayyan Street where he was blindfolded and stripped of his clothes, and his hands and feet bound tightly. He was said to have been beaten hard on the face and electric shocks were applied to his genitals. This treatment continued for four days, during which he was reportedly denied food and left alone, with no clothes, in a filthy room. He was taken to Abu Za'abal prison where he remained for 11 days, and was then transferred to the SSI Lazoughly Square headquarters, where the torture reportedly continued, in particular the electric shocks.
181. Mohammad Khalaf Youssef, a teacher, was arrested at his home in Asyut on the night of 15/16 December 1990. During his detention he was severely beaten, his wife threatened with torture, given electric shocks to sensitive parts of the body and suspended from the wrists.
182. Adel Sayyid Qassim Sha'ban was arrested in November 1990 in connection with the assassination in October 1990 of the former Speaker of the People's Assembly. During his detention he was beaten on various parts of the body, given electric shocks and suspended from his hands bound behind his back.
183. Al-Shadhly Ebeid Al-Saghir, a lawyer, was arrested at Safaga by security service agents on 9 September 1991 and taken to the Central Security Forces camp at Hurghada. Before being transferred to the Istiqbal Tora prison he was severely beaten, suspended and given electric shocks. He had already been arrested on 7 June 1991 and subjected to torture, as a result of which his right arm was temporarily paralysed.
184. Abdel Moneim Gamal al-Din, a journalist with the weekly al-Shaab, in September 1989 was called into the SSI headquarters in Giza, from where he was taken, blindfolded, to Lazoughly. There he was tortured and interrogated while blindfolded for several hours by a number of officers. The torture involved the application of electric shocks to sensitive parts of the body as well as beatings that resulted in injuries and oedema in his hands, thighs and feet.
185. Talaat Fouad Qassem, an engineer, was arrested several times in 1988/89. In the Istiqbal Tora prison he was held in solitary confinement in the disciplinary wing in an extremely tiny cell in which all air outlets had been sealed with the exception of one small hole. He was denied healthy food, clean water, necessary medication, bedding and covering and was allowed out of the cell to go to the toilet for only a few minutes each day. He was also subjected to systematic torture at the SSI headquarters in Lazoughly, to which he would be taken from the prison in the period between 1.00 and 4.00 a.m. The torture at Lazoughly included severe beatings, pulling out the hairs of his beard, and the application of electric shocks.
186. Muhammad Rashad Abdurrahim al-Imam, from Mansoura, was arrested and severely beaten in front of his family, as a result of which he became deaf in the left ear and his left shoulder was dislocated. He was also given electric shocks.
187. Kassab Mohamed Abbas was arrested on 11 May 1988 and accused of forming an organization aiming at a coup d'état. Following his arrest, he was put on a chair that was suspended upside down. In this position he was beaten with a whip and leather belts. Subsequently he was transferred to Abuza'abal prison, where he was beaten, and to Tora prison where he spent 13 months in solitary confinement.
188. Tal'at Fuad Qassim, an engineer, was arrested in 1988 several times and held, among other places, in the SSI headquarters in Lazoughly and in the Tora prison. He remained for long periods in solitary confinement and was repeatedly beaten and given electric shocks.
189. Atif Jamil Mahmoud, from Minya, was arrested on 5 February 1992 by a security force of 20 men who took him to the new SSI building in Minya. He was reportedly kept handcuffed and lying on the floor while he was given electric shocks. When he was released a few hours later he was unable to move one of his arms and to urinate.
190. Ahmad Thabet Muhammed, aged 17, was arrested in Assyut on 27 November 1991 and kept in detention until 6 February 1992. He was held incommunicado, first at the local SSI office in Assyut and then at a Central Security Forces military camp outside the city. On several occasions he was reportedly doused with water and given electric shocks right away. On one occasion his hands were cuffed in front, his ankles tied and he was suspended between two chairs from a pole placed under his legs; then he was beaten on the soles of the feet. He was also hanged on a door, with his hands cuffed behind his back, while the torturers kept opening and closing the door.
191. Ahmad Fathey Hafez, aged 17, was arrested at his school in Minya on 20 November 1991 and held without charge until 5 February 1992. While in the new SSI building in Minya, he was given electric shocks.
192. Fathiyya Sayyid Muhammed el-Kurd was arrested in February 1992 and taken to the SSI headquarters at Lazoughly where she was insulted, beaten on the face and given electric shocks.
193. Hani Abd el-Magd Haneh Saim was arrested in Tanta, north of Cairo, in October 1991 and taken to the SSI building. He was reportedly beaten, boxed about the face and given electric shocks.
194. Medhat al-Sayyid Ahmad was arrested on 15 November 1991 in Assyut and taken to the Central Security Forces camp. He was reportedly hanged over a door for short periods, doused with hot and cold water and shocked with electricity. He was also hanged from the ceiling by iron chains placed around his wrists.
195. Khalid Sayyid Mahmoud was arrested in Assyut on 16 November 1991 and taken first to the Assyut police station and the SSI building and later to the Central Security Forces camp outside Assyut. He was reportedly doused with hot and cold water and given electric shocks in sensitive parts of the body.
196. Khalid Muhammed Ahmad Omar, a civil engineer from Alexandria, was arrested on 25 October 1991 and taken, after some days, to Lazoughly. There he was beaten and given electric shocks on his nipples and genitals. For five hours he remained tied by his cuffed hands to the metal bars of a window, with his feet just touching the ground.
197. In addition to the above-mentioned, the Special Rapporteur made urgent appeals on behalf of the following persons, with regard to whom fears were expressed that they might be subjected to torture. The date on which they were sent is given in brackets at the end of the summary.
198. Haron Talha, a medical doctor, was arrested in the Governorate of Domyat for having given medical care to two persons who had been shot by a police officer. Despite the fact that the Public Prosecutor ordered his release, he was rearrested under the emergency law. (9 January 1992)
199. On 8 April 1992, the Government reported, that Haroun Talha had been arrested on 22 December 1991 on suspicion of harbouring some fugitives accused of assaulting Lieutenant Colonel Mutawi Abu Naga at Damietta. He was released on bail in February 1992. No evidence was found of his having been subjected to torture, since he did not submit any complaint to the competent authorities.
200. Hassan Izz ed-Din Malik, Muhammad Khairat al-Shatir and Taher Abdel Moneim were arrested on 5 February 1992 at the headquarters of the Salsabil Computer Company, 186 Hijaz Street, Heliopolis, by state security personnel who took them to the Tora prison on suspicion of membership of the Ikhwan al-Muslimin group. (2 March 1992)
(c) Follow-up to cases included in previous reports
201. By the same above-mentioned letter of 4 September 1992 the Special Rapporteur transmitted to the Government additional information with respect to the cases of:
(a) Mohammad al-Sayyid Higazi. An urgent appeal had been made on his behalf on 23 September 1991 and the Government replied on 19 November 1991 (see E/CN.4/1992/17, paras. 76-77). According to the additional reports received, Mohammad al-Sayyid Higazi was tortured for several weeks at the SSI, Doqqi branch, Cairo, and at the SSI headquarters in Lazoughly Square, Cairo. After being detained initially in Doqqi on 18 August 1991, he was reportedly transferred to Istiqbal Tora prison. He was returned a few days later to the headquarters of the SSI in Lazoughly Square, where he was allegedly held for two more weeks and tortured. He was then taken back to prison. Methods of torture included electric shocks on sensitive parts of the body and hanging him by his wrists for long periods of time.
(b) Afifi Matlar. His case was transmitted to the Government on 18 October 1991. On 24 October 1991 the Government reported that no complaints had been filed with the judicial authorities concerning his subjection to torture or ill-treatment (see E/CN.4/1992/17, paras. 84 and 86). On 26 January 1992 the Government again reported that an exceptional measure had been taken against Muhammad Afifi Amer Matlar on 2 March 1991 for security reasons in view of his engagement in activities prejudicial to the country's security. However, he was released on 9 May 1991 and there is no evidence of his subjection to any form of torture during the period of his detention. Additional reports received by the Special Rapporteur in 1992 indicate that Mr. Matlar's lawyer had informed both the Prosecutor General and the Court about the torture and that, nevertheless, no action had been taken.
202. With respect to the case of Mamdouh Ali Youssef's wife, transmitted by the Special Rapporteur on 18 October 1991 (see E/CN.4/1992/17, para. 85), the Government reported on 26 January 1992 that no evidence was found concerning her miscarriage as a result of torture. She gave birth to a child, as a result of the pregnancy in question, close to the time when her husband was arrested.
El Salvador
Information transmitted to the Government
203. In a letter of 21 August 1992 the Special Rapporteur informed the Government that he had received information on the following cases of torture:
(a) Ulises Arnulfo Rivas Hernández, age 18, was arrested in San Salvador by the national police and was beaten over a period of three days. The torturers threatened to kill him and prevented him from sleeping.
(b) Hugo Ernesto Sánchez Rosas, a shoemaker was arrested by the national police on 6 June 1991 on the boulevard del Ejercito, Ilopango, San Salvador. He was taken to the central barracks, led to an extremely cold room and brutally beaten.
(c) Carlos Baltazar Recinos Cortez was arrested by the national guard on 11 September 1989 in Armenia, Sonsonate. He was taken to the national guard post and subjected to tortures such as electric shocks on the left nipple and the "weighing machine" (in which a container is tied to the victim's testicles and filled with sand or other heavy material, causing severe pain). The tortures repeatedly threatened to kill him.
Information received from the Government in connection with Commission resolution 1992/42
204. The Special Rapporteur took note of a number of communications from the Government listing in chronological order a series of attacks on lives and property carried out by the Farabundo Martí Front for National Liberation in 1992.
Greece
Information transmitted to the Government and replies received thereon
205. By letter dated 21 August 1992 the Special Rapporteur communicated to the Government that he had received information concerning the practice of torture in the country. The Government replied to this letter on 30 October 1992.
206. According to that information, law enforcement officials have tortured or ill-treated individuals or groups of people in their custody. The branches responsible are said to be the Security Police, which is in charge of criminal investigations, and the regular police which carry out general policing duties. It was also reported that detainees are frequently not given the right to communicate with a lawyer until the interrogation is over and they have signed a statement. On the other hand, Greek law does not ensure the right of a person in initial police detention to communicate with relatives or friends. Whether or not a detainee is permitted to contact relatives is left to the discretion of the police officer responsible for the investigation. These legal shortcomings reportedly contribute to the practice of torture.
207. In addition to the above, many of the officials who allegedly inflicted severe injuries on people in their custody apparently went unpunished and continued in their duties. In addition, some judicial officers do not appear to be investigating allegations adequately and in some cases have failed to take appropriate action when alleged torture or ill-treatment has been brought to their attention by victims or their lawyers. The following 21 individual cases were reported.
208. Dimitris Vavatsikos was arrested with a friend on 5 February 1990 in central Athens. They were reportedly beaten with wooden clubs and verbally abused by police from the E Police Station.
209. With respect to this case, the Government reported that Mr. Vavatsikos was among a group of demonstrators who were arrested and taken first to the 4th Police Station of Athens and later to the Security Division of Attica. While in these places, he neither mentioned any injuries nor asked to have a medical examination and the policemen did not notice any visible signs of ill-treatment. The policemen's behaviour towards Mr. Vavatsikos and all the other persons was legal and appropriate. Any injuries he possibly sustained were due to his participation in the riots during which he was arrested and were undoubtedly caused prior to his arrrest. Apparently, Mr. Vavatsikos was injured during the clashes between policemen and demonstrators.
210. Kostas Stamateas was arrested on 5 February 1990 near Omonia Square, Athens, and forced into a police van where he was reportedly beaten with wooden clubs and verbally abused. A medical report certified grazing, swelling and bruising on the face, head and other parts of his body.
211. With respect to this case, the Government reported that Mr. Stamateas and two accomplices had been arrested for breaching the Arms Act and transferred to the Security Directorate of Attica by Police Sergeant Vlavogilakis. The behaviour of the police officers during the transfer and detention of the three persons was legal and appropriate. Any wounding of Mr. Stamateas was due to his participation in the incidents during which he was arrested, possibly during the fight between police officers and demonstrators, and was caused, in any case, before his detention. His two accomplices did not complain of any ill-treatment, and he himself did not lodge a complaint against the police officers.
212. Sotirios Kalogrias was arrested on 24 March 1990, together with a friend, at Exarchia Square. They were pushed inside a police van where they were punched and verbally abused by about 15 police officers. Subsequently they were taken to the Security Police Headquarters in handcuffs where police officers allegedly continued to beat Sotirios Kalogrias on his face.
213. The Government replied that although the forensic surgeon characterized the bodily injury suffered by Sotirios Kalogrias as light, the Public Prosecutor of Athens started legal proceedings against the policemen for causing dangerous bodily injuries which, according to the penal legislation in force, is punishable by serious penal sanctions. On 24 July 1992 two policemen were committed for trial, which will be held on 6 October 1993. If they are convicted the relevant disciplinary sanctions would be imposed on them.
214. Sehmus Ukus, a Kurd and Turkish citizen, was detained on 4 July 1990 by police in central Athens. He was reportedly taken to an area of high ground, stripped naked and hung from a tree. He was later taken down, burned on the soles of his feet and his genitals with a cigarette lighter and beaten with sticks.
215. The Government replied that Mr. Ukus had filed a complaint against three policemen at the Public Prosecutor's office. After the corresponding investigation was concluded, the complaint was rejected as unfounded, as a result of which Mr. Ukus was not examined by a forensic surgeon. He did not lodge an appeal against the decision. The results of the inquiry ordered by the Ministry of Public Order and carried out by the Security Division of Attica were also negative.
216. Pantelis Tsoumbris was arrested on 16 January 1991 in Athens by two policemen who beat him on the head, feet, back and genitals with their truncheons. Afterwards, they took him to the G Police Station where the beatings continued.
217. The Government replied that the Public Prosecutor of the Magistrate's Court of Athens started legal proceedings against Sergeant Palskovitis and Constables Theofilopoulos and Ntovros for light physical injury and verbal abuse against Mr. Tsoumbris. The trial was fixed for 4 December 1992. Mr. Tsoumbris can claim an indemnity for moral injury during the trial. In addition to this, the Ministry of Public Order, on the basis of the administrative investigation carried out, judged that the three policemen had committed a disciplinary offence and imposed fines on them.
218. Suleiman Akyar, a Turkish refugee, was detained in Athens on 21 January 1991, on suspicion of being a drug dealer. Subsequently, he was taken to the KAT Hospital in Athens, where he was operated on for a ruptured small intestine. The hospital reportedly found fractures of three ribs, severe cranial and brain injury, extensive bruising on his body and injuries on his genitals. He died on 29 January.
219. The Government reported that the injury and death of Suleiman Akyar provoked the immediate response of the Ministry of Public Order and the competent police authorities. From the very first moment, all requirements for a detailed and objective judicial and administrative investigation of the case were ensured. The judicial investigation is being conducted by the 19th Regular Examining Magistrate of Athens. The administrative investigation revealed that Akyar's death was a result of the physical injury caused by the blows he received from the police who were defending themselves, using analogous means. However, it was considered appropriate that the judgement as to what constituted a necessary level of defence should be left to the judge. If the police involved in the incident are convicted, the corresponding severe disciplinary sanctions would also be imposed.
220. Vasilis Makrinitsas, Vasilis Makripoulias and Argyris Kavatas were punched, kicked and threatened with revolvers at the Security Police Station in Thebes on 7 April 1991. One of them had a cigarette put out on his face.
221. The Government reported that on 11 April 1991 Vasilios Makripoulias and Argyrios Kavatas appeared spontaneously at the police station in Thebes and testified under oath that they wished to withdraw the charges they had filed against two police officers and that they did not wish them to be prosecuted, adding that on 7 April 1991 (the date on which they had filed the complaint) they had acted under the influence of alcohol. Nevertheless, the Ministry of Public Order ordered an administrative investigation on 9 April 1991, which was completed on 25 April 1991. The results showed that the acts of the police officers during the arrest and detention of the complainants had been correct and, as a consequence, no disciplinary measures were taken against them.
222. Artan Malaj, a 17-year-old Albanian, was arrested by the police on 3 May 1991 and taken to the General Security in Alexandras Avenue, Athens. While in custody he was beaten in the head and stomach.
223. The Government reported that, according to the preliminary investigation ordered by the Public Prosecutor of the Magistrate's Court in Athens, Mr. Malaj's injuries were caused by his fall from the stolen motorbike he was driving. On this basis, the Public Prosecutor dismissed the complaint as unfounded. The results of the administrative investigation, based on Artan Malaj's depositions, as well as on those of the involved citizens and police officers, on the medical examination report and on the file of proceedings of the case showed, inter alia, that Mr. Malaj's allegations were unreliable and that he had filed a complaint to the Public Prosecutor only after an unsuccessful attempt to escape, obviously for reasons of revenge.
224. Mehmet Hayrettin Arat, a Kurd and a Turkish citizen, was arrested on 25 June 1991 on drug-related charges. While in custody he was punched in the face, threatened with a revolver and had a plastic bag put over his head so he could not breathe. He was also subjected to falanga (beating on the soles of the feet), after which he was forced to run on his swollen feet.
225. The Government replied that no complaints for ill-treatment had been lodged with any judicial or administrative authorities during the course of the legal case against Mr. Mehmet Hayrettin Arat. His co-defendants, one of whom was his compatriot, made no mention of ill-treatment.
226. Dimitris Papatheodoros, a businessman, was arrested on 4 July 1991 in Athens by the police who took him to the 4th Police Station. While in custody he was slapped, kicked and hit, made to strip naked and subjected to a body search.
227. The Government reported that the 13th (police) Magistrate of Athens is carrying out the preliminary investigation. The Ministry of Public Order has not taken a definite decision about any disciplinary responsibility of the policemen involved in this case, pending a decision by the judicial authorities.
228. Stella Evgenikou was arrested on 18 July 1991 by some 10 riot policemen who kicked and beat her with truncheons. She was subsequently taken to police headquarters where she was reportedly hit again on her face. The Evangelismos Hospital found that she had bruises on her thorax and two fractured ribs.
229. The Government replied that the Council of Magistrates in Athens committed Constable Harilaos Dervas to a three-member magistrate's court to be tried for simple physical injury. When Ms. Evgenikou was informed of this, she lodged an appeal. No decision has yet been taken concerning this appeal. The Police Operations Division of Attica, when informed of the order of committal, ordered an administrative investigation; this investigation has not yet been completed.
230. Avgoustis Anastasakos was arrested in September 1991 on suspicion of theft at Patmos Island by policemen who, after tying his hands behind his back, kicked him in the neck, face and genital organs. Afterwards, they reportedly hit him on his back with cables and broke one of his teeth.
231. The Government reported that the Public Prosecutor of Kos ordered a preliminary examination by a judicial official in order to ascertain whether there was reason for penal action. This examination is still being carried out by a magistrate from Athens. The administrative investigation determined that the bruises and scratches borne by Avgoustis Anastasakos had been caused some days before his arrest and detention, according to the medical report, and that the behaviour of the police officers had been lawful and proper.
232. Pavlos Nathaniel and Kostas Diavolitsis were hit with clubs and kicked by policemen who handcuffed them together in September 1991, in Athens. As a result, Kostas Diavolitsis suffered bruising in the area around his right kidney and Pavlos Nathaniel needed stitches on his legs.
233. The Government replied that the final decision as to the circumstances of the injury of the above-mentioned and, more specifically, if this was accidental or if it was caused by the police officers who were chasing them, was under investigation by the competent court. The trial, during which the complainants are entitled to ask for an indemnity, will be held on 11 May 1993. The Ministry of Public Order is awaiting the judgement before deciding on disciplinary sanctions against the accused police officers.
234. The Special Rapporteur also transmitted to the Government information according to which on 2 November 1991 33 people were detained by six policemen who caught them putting up political posters in an Athens street. They were all taken to the headquarters of the Security Police on Alexadras Avenue, where some of them were subjected to ill-treatment. The following cases, in particular, were reported:
(a) Yannis Ballis. He was beaten to the point of breaking one of his hands and threatened with execution;
(b) Michael Bachsevanis. He was hanged from a window and threatened with being thrown out;
(c) Dina Kalakou. She was heavily beaten all over her body;
(d) Maria Nikolaides. A police officer reportedly grabbed her by the hair and banged her head against a wall;
(e) Georgios Meriziotis. He was beaten on the head, ribs and legs with clubs.
235. With respect to these cases, the Government reported that the Public Prosecutor had brought penal charges against the policemen responsible for unintentional severe physical injury, dangerous bodily injury, light physical injury, verbal abuse and threat, and ordered an investigation to be conducted by the 15th Regular Examining Magistrate of Athens. This investigation has not yet been completed. The administrative investigation of the case was conducted by the Security Directorate of Attica. The results showed that the injuries caused were explained by the fact that the police had to use violence, which was absolutely necessary and lawful, in their effort to arrest the bill-posters who were verbally abusing the police officers and offered resistance in order to hinder the police in performing their lawful duties. If during the judicial investigation of the case it is proved that certain police officers are to be held accountable for their actions, the Ministry of Public Order will impose the appropriate disciplinary sanctions.
236. In concluding its reply with respect to the individual cases, the Government commented that from the analysis of the evidence available, it was objectively and impartially proven that the allegations of torture or ill-treatment were unfounded, or at least exaggerated, and that the issue of torture or inhuman treatment of persons in the country should not be raised, since:
(a) The legal framework instituted for the protection of human rights and liberties and for the prevention of any form of inhuman treatment is not only sufficient and responds to the spirit and letter of United Nations declarations, but it is also fully observed and implemented;
(b) In the very few and isolated cases in which the conduct of a very few policemen, out of a force of 42,000, was not proper or that provided by the regulations, investigations were conducted according to the penal and disciplinary provisions and the appropriate sanctions were imposed. In some of these cases where the judicial and administrative investigation have not yet been completed, the appropriate sanctions will be imposed. Despite the fact that there may be extenuating circumstances in favour of the police officers accused deriving from the circumstances and the conditions under which the incidents occurred (transgression of the limits of self-defence, violent riots, etc.) and the fact that similar cases may exist for all the police forces in the world, all such cases are always subjected to judicial and administrative investigation and control.
Information received from the Government with respect to cases included in previous reports
237. On 10 February 1992 the Government sent a reply with respect to the following cases, which had been transmitted by the Special Rapporteur on 18 October 1991 (see E/CN.4/1991/17, para. 101):
(a) Liam de Clair, arrested on 17 July 1990 and taken to Ios police station. The Government reported that he was arrested on 17 July 1990 and brought before the Public Prosecutor the very next day. He would obviously have complained before him if he had been ill-treated. He had no contact with a lawyer because on the small island of Ios there was neither a lawyer nor the possibility of providing him with one. The shed in which he was detained outside the police station was a normal detention room. As to the information according to which Mr. Liam de Clair was given a medical examination which certified that he had bruises, it should be borne in mind that many detainees harm themselves in a attempt either to create false impressions or to minimize their stay in detention rooms in exchange for hospitalization;
(b) Emmanouil Kasapakis was beaten by policemen on 23 September 1990. The Government reported that Mr. Kasapakis was visited by the police on the night of 21/22 September 1990 after his neighbours complained of the disturbance of the peace caused by the people in Mr. Kasapakis' apartment. In the course of their third visit Mr. Kasapakis and two other people attacked and insulted them. As a result, Mr. Kasapakis and one police officer were wounded and subsequently transported to the hospital. An investigation was carried out; however, no responsibility on the part of the police officers involved in the incident was established. Mr. Kasapakis himself refused to go to the police station to testify concerning the case.
(c) Kostas Andreadis, arrested on 23 March 1990 on suspicion of being a member of the "Vigilant Anarchists" organization. The Government reported that an inquiry carried out by the competent police department in Thessaloniki established that Mr. Andreadis confessed on his own free will the unlawful acts he had committed (possession of arms, arson, robberies, etc.). On 24 March 1990, the police authorities presented Mr. Andreadis to television and newspaper journalists. In the course of this press conference the detainee described his acts without alluding to any sort of torture or ill-treatment inflicted upon him.
Guatemala
Information transmitted to the Government
238. On 21 August 1992 the Special Rapporteur informed the Government that he had received reports on the following cases of torture in Guatemala:
(a) Walter Federico Flores, age 17, was severely beaten on 23 October 1991 in the Botellón area, intersection of 4th Avenue and 19th street, Zone 1, Guatemala, by young men wearing police cadet school uniforms. He was left unconscious under a bridge and later received medical attention at the Casa Alianca;
(b) Douglas Gadea Morales, a Nicaraguan, was arrested at Guatemala City airport on 22 September 1991 by police and the Drug Enforcement Agency representative in Guatemala. For five hours he was given electric shocks and severely beaten. Threats were made to kill him;
(c) Juan Pablo Lemus Silva, an official of the International Union of Food and Allied Workers associations was arrested at Monte Carlos, Mixco, on 20 November 1991 by police who beat him and left him semi-conscious. He was later taken to the Zone 19 national police 4th corps station and again beaten;
(d) Eduardo Amado López Hernández, age 14, was arrested at a secondary school pupils' demonstration on 27 April 1992 by personnel of "Hunapu", a recently created unit consisting of personnel of the national police, mobile military police and the armed forces. He was beaten and forced to drink bleach.
239. The Special Rapporteur also received information on the maltreatment of the following street children: Moisés Rivas, age 15, Marvin Antonio Mejía (also known as Diego Chouza Franco), age 16, Manuel López, age 16, Carlos Antonio Contreras, age 17; Boris Velásquez, age 17, Juan López Gonzalez also known as Tijuana, age 12, Erik Mendoza Lopez also known as Leprosy, age 17, José R. López and Luis Antonio Roldán.
240. According to the information received 16 street children, including those listed, were arrested by the mobile military police in Guatemala City, Zone 1, on 6 March 1992. According to witnesses they were beaten and handcuffed on arrest. One, Carlos Antonio Contreras, had been badly beaten on 24 February 1992 by national police who accused him of stealing some sunglasses.
241. Melvin Enrique Girón and Omar Francisco Morán were arrested by four members of Hunapu on 18 March 1992 in the Barrajuste market, Guatemala City, Zone 1. They were beaten on arrest and the first mentioned was given electric shocks using the "Chinese stick".
242. José Vidal, Nelson Larios, Mario René Hernandez Aguirre and Fernando Sarcéno were arrested by Hunapu personnel on 19 March 1992, also in the Barrjuste market. They were taken into a van and beaten and thrown out while the van was moving.
243. Felipe González, also known as Chiripa, age 14, and José Corrado Mendoza, also known as Olindo, age 18, were severely beaten by men believed to be connected with the security forces in Guatemala City, Zone 1, on 20 January 1992.
244. In addition the Special Rapporteur addressed an urgent appeal to the Government under resolution 1992/59 concerning the cases of David Estuardo Mejía Paiz and Axel Mejía Paiz on 7 April 1992. During the preceding months the Paiz family had been the target of continuous threats and harassment and their home had been kept under constant observation by men believed to be connected with the security forces. Axel Mejía worked as supervisor of the Casa Alianza emergency centre. The Casa has supplied information to the United Nations concerning the maltreatment frequently suffered by street children (see E/CN.4/1992/17, para. 104). Mr. Mejía was the principal witness in the trial of 26 members of various police units accused of involvement in an incident on 7 November 1990 when three children were brutally attacked by security forces' personnel outside the Casa Alianza. Subsequent to his testimony threats had mounted and on 12 March 1992 David Mejía Paiz, Axel's brother, was kidnapped and held for several hours by men in civilian clothes driving in a black vehicle with polarized windows.
245. The Special Rapporteur took note of the information transmitted by the Government of Guatemala on activities of the irregular groups as a result of which several persons were executed or injured and two died when abandoned mines exploded. He was also informed of damage to property caused by these groups.
Haiti
Information received from the Government in connection with Commission resolution 1992/42
Information transmitted to the de facto Haitian Government
246. In a letter of 5 October 1992 the Special Rapporteur informed the de facto Government that he had received reports that persons arrested for political reasons were almost invariably beaten on arrest and were subsequently maltreated in prison. The following 23 cases had been reported to him:
(a) Evans Paul, major of Port-au-Prince and leader of the Confederation for Democratic Union (Konfederasyon Inite Democratic) was arrested at Maïs Gate international airport on 7 October 1991 by soldiers who, in the presence of witnesses, took off his clothes, hit him with their helmets and revolvers and burned him with a red hot rifle barrel. He was detained for several days in prison and a military school where the soldiers beat him again and again. When he was released he had broken ribs, multiple bruises and wounds on the back, head and eyes and a bad burn caused by the hot rifle barrel;
(b) Danny Toussaint, captain, and Pierre Cherubin, police chief, were beaten by security forces, who also threatened to kill them, when they were in the National Palace on 30 September 1991;
(c) Aldajusts Pierre, a member of the Papaye Peasant at Hinche, Central Department, was arrested by soldiers from the Hinche military base on 16 October 1991 and accused of being in possession of an underground newspaper. According to the information received he was badly beaten in prison and denied medical treatment;
(d) Casimir Rosalvo was arrested during a military raid on a working class district of Gonaïves on 11 November 1991. He was tortured by soldiers, causing swelling of the genitals, ears and eyes. A soldier started to cut off one of his ears but a second soldier stopped him;
(e) Raymond Toussaint, a member of the national committee of the congress of democratic movements (KONAKOM) and the rural development group (CODEP) in the Petite Rivière de L'Artibonite district was arrested on 24 October 1991. He was detained, initially at Petite Rivière and later at St. Marc. He was badly beaten, particularly on the head and right ear;
(f) François Destin, of Verrettes in the Artibonite valley and member of a young people's religious group, was arrested on 10 November 1991. He was taken to the Verrettes military base where, witnesses say, he was beaten and tortured by soldiers using the "Jack" method in which a stick is placed under the victim's thighs and above his arms;
(g) Napoléon Saint-Fleur was beaten by soldiers when they arrested him in October 1991. He was taken to Cap-Haitien prison and, according to other prisoners, regularly beaten;
(h) Chéneker Dominic was badly beaten by a group of soldiers who were trying to arrest his father, a businessman in Jérémie, Grande-Anse. Because of the beating he was unable to walk for a week;
(i) Ernest Charles was attacked by uniformed policemen on 28 October 1991. The beating caused bleeding of the ears and mouth. He was later ordered to report to the police station every three days;
(j) Jean-Claude Museau, also known as Klodi, a teacher at Les Cayes, was arrested on 30 December 1991 and accused of putting up posters of President Aristide. He was severely beaten on the head and a knife was used to slash his buttocks. He was released on 6 January and died two days later, probably because of the maltreatment during detention and the lack of medical attention;
(k) Renoir Saint Pierre was arrested at Gonaïves, Artibonite, on 5 March 1992 and taken to the Toussant L'Ouverture barracks. He was badly beaten, especially on the face, eyes and ears;
(l) Yvon Desrose, a teacher at Mirebalais in the central plateau, was badly beaten by two soldiers on 19 March 1992. They accused him of having written graffiti;
(m) Renand Damilus, known as Ti Zonbi, was savagely beaten with truncheons on 8 March 1992 at Ti Plas Boudet in the Villar section, west department, by the chief of section's aides;
(n) Valentin Villard, member of the Fort-Liberte people's nationalist movement was arrested by police at Trou-du-Nord, north-east Department. He was badly beaten and because of the maltreatment is reported to be unable to walk;
(o) Jaquelin Louis was arrested by two armed civilians in La Fossette (Cap-Haitien). He was violently beaten when arrested and the beating continued in prison, causing his death;
(p) Camille Chalmers, professor, was arrested at the Port-au-Prince Faculty of human Sciences on 20 May 1992. He was taken to the anti-gang branch where he was struck with rifle butts and a metal chair, mostly on the nape of the neck, the shoulder blades and the spine. He was slapped on the ears several times, causing the perforation of the right ear drum;
(q) Marlène Chéry, a school girl, was arrested on 21 May 1992 and taken to the anti-gang branch in Port-au-Prince. She was severely beaten with an iron rod on the lower abdomen;
(r) Moléon Lebrun was arrested in Bois de Lance, Limonade, Cap-Haitien on 28 April 1992. He was taken to the Limonade police station and severely beaten every day for two weeks;
(s) Valentin Villar and Jerry Rosefort, two members of the Asanble Popilè Veye Yo, were arrested at Trou-du-Nord on 11 May 1992. They were tortured while in detention. As a result Valentin Villard died in the Fort-Liberé prison;
(t) Jean Luckner, of Petit-Gôave, Fort-Royal, was arrested on 16 May 1992 and taken to the nearest military post. There he was beaten with clubs and wires, lacerating his back;
(u) Wilcena Dorléus, a teacher at Petit-Gôaves was arrested by members of the armed forces in the Sylvio Cator stadium, Port-au-Prince, on 24 May 1992. He was taken to the "Cafeteria" detention centre and the national penitentiary and severely beaten. According to a medical report he suffered injuries to the skull and thorax and his right arm was broken.
247. In addition to the cases detailed above, the Special Rapporteur received a list of persons tortured after arrest in early 1992 and late 1991. The list included: Adissou Codio, Aji Lusma, Aubourg Etzer, Deina Joseph, Destin François, Elsie Mehu, Erichard Zinme, Leridor Simon, Madsen (Ti Yaya), Paul Anelo, Cosena Gabriel, Vanesse Cadeaux, Vaudre Abelard, Deshommes Odilon, Desravines Fritz, Legagneur Jean Robert, Nelyo Desana, Pierre Jaques, Pierre Jeannel, Senpreuil Jaques, Vilbrun Lebrun, Charles Roosevelt, Jean Baptiste Dieulaime, Demesvar Joseph, Dieuseul Dieupanou.
248. The Special Rapporteur received further information on the case of the journalist Paul Jean Mario on whose behalf he made an urgent appeal on 10 December 1991. According to the information, his health has badly deteriorated because of torture. He is said to have been refused transfer to a hospital for treatment.
249. The Special Rapporteur also made urgent appeals on behalf of the persons mentioned below. The date of the appeal is given in brackets at the end of the summary.
250. Paul Laroche, a teacher, was arrested by soldiers on 16 October 1991. He was savagely beaten on arrest and had to be committed to the national penitentiary infirmary. Despite his precarious health, it appears that he has not received medical attention or been examined by a doctor (19 December 1991).
251. Kechnerd Pierrilis, sacristan of the St. Michel chapel, Alfred Elouis and Marc André Benoit were arrested near Germaine on 18 January 1992 by the chief of the Cazale rural section and his aides, who beat the prisoners severely before taking them to prison (30 January 1992).
252. Mr. Tessonot, principal of the Cayes Lycée, Mr. Olivier, a teacher at the Lycee, Mr. T. Nixon Bogat, the former correspondent of Radio Haiti Inter at Cayes, Father Verdier adn Mr. Guillite, deputy mayor of Cayes, were arrested by soliders at Cayes on 3 June 1992 and taken to the barracks. They were severely beaten on arrest, particularly Mr. Guillite who is said to be in very poor health (5 June 1992).
253. Twelve students, including Antoine Wesner and Marilide Noël, were arrested by the armed forces during the protests at the State University of Haiti Faculty of Agronomy on 1 December 1992. They are reported to have been taken to the anti-gang branch. One of the women students who took part in the protests was severely beaten. Her health is reported to be precarious (11 December 1992).
India
Information transmitted to the Government
254. By letter dated 21 August 1992 the Special Rapporteur communicated to the Government a summary of the main allegations received with regard to the practice of torture in the country as well as a number of individual cases. In addition the Special Rapporteur made two urgent appeals on behalf of persons who, according to the information received, were at risk of being tortured.
a) Information transmitted to the Government with regard to the practice of torture in general
255. According to the reports received, criminal suspects form a large proportion of India's torture victims. The most common purpose of torturing criminal suspects is to extract a confession or to secure information about a crime, however petty the offence and irrespective of whether a crime has actually been committed (people can be detained for trivial reasons such as "moving suspiciously" or travelling on a train without a ticket). Even children as young as six have been arrested and allegedly tortured in connection with petty criminal offences.
256. Other victims are people arrested for their political convictions or people arrested in connection with the situations of armed conflict that prevail in the north-east, Jammu and Kashmir, and Punjab. In these cases torture is a means of obtaining confessions and gathering information, but it is also used as a deterrent and in reprisal for attacks by armed groups. In these areas of armed opposition the security forces are empowered, under the Terrorist and Disruptive Activities (Prevention) Act (TADA), to arrest suspects and detain them for up to one year without charge or trial, for investigation into broadly defined offences.
257. The most common torture methods are severe beatings, sometimes while the victim is hung upside down, and electric shocks. People have also been crushed with heavy rollers, burned, stabbed with sharp instruments, sexually mutilated and had objects such as chilies or thick sticks forced into their rectums. Rape and ill-treatment of women by the police seems to be widespread throughout the country. In the north-east states and Jammu and Kashmir, there is a pattern of rape of women by the army and paramilitary forces for perceived support for armed insurgents.
258. The police are protected from prosecution by the Code of Criminal Procedure for acts committed while on official duty. In parts of the country in which armed opposition is active, immunity from prosecution is explicitly sanctioned by specific legislation. Thus, in exercising the powers provided in the Armed Forces (Special Powers) Act, currently in force in Punjab, Jammu and Kashmir, and Assam and other north-east States, the security forces are granted immunity in advance from possible prosecution. Ordinary legal safeguards do not apply. Section 6 of the Act reads: "No prosecution, suit or other legal proceeding shall be instituted, except with the previous sanction of the Central Government, against any person in respect of anything done or purported to be done in the exercise of the powers conferred by this Act". In addition, the Code of Criminal Procedure (Amendment) Bill adopted in September 1991 protects all government officers from any prosecutions for actions taken in the course of duty when a State is under direct rule from the central Government. In those States, officials may be prosecuted only with the central Government's permission.
259. In addition to this, several well-established procedural techniques for evading prosecution for human rights violations provide informal but effective impunity for police and security forces throughout the country. These include the failure to register complaints, acknowledge detention or to apply other legal safeguards; denial of responsibility; falsification of judicial records and post-mortem reports, sometimes by having them carried out at police hospitals; intimidation of witnesses and complainants; and influencing police inquiries by having them conducted by police from the same branch and delaying their outcome and prosecutions. These techniques are supported by institutional practices and official policies which provide minimal sanctions against those few police or soldiers who are held accountable for custodial violence.
260. In these circumstances, relatives have rarely succeeded in initiating criminal prosecutions of police officers allegedly responsible for torture. On the other hand, redress for the victims or their families is almost impossible to obtain; most of them have neither the information nor the resources required to seek it. Faced with a failure by the authorities to prosecute, some relatives have brought private complaints. However, these are hard to substantiate because most inquiries into custodial deaths, for example, if held at all are conducted by a member of the civil service and not by an independent authority and reports of these inquiries and of post-mortem examinations are often withheld. Private criminal prosecutions are, on the other hand, costly and subject to extremely long delays.
(b) Individual cases transmitted to the Government
261. Mohammed Akbar, a farmer from Checksiri, Jammu and Kashmir, was arrested in the village of Kalsiri on 9 May 1990 by BSF (Border Security Force) policemen. During the 12 days he remained in detention he was severely beaten. On 19 November 1990 he was rearrested and taken to an army camp in Hyderbeig, Pattan subdivision. While at Hyderbeig he was beaten repeatedly on his hands and feet with a stick; as one man held him, another dropped some chili powder into each of his eyes.
262. Ghulam Mohiuddin S., a schoolteacher from Palhalan, Pattan subdivision Baramulla district, Jammu and Kashmir, was arrested on 5 June 1990 by BSF police. For several hours he was made to bend over and struck repeatedly. The police rolled heavy rollers over his thighs and kicked him with heavy boots.
263. Abdul Qayoom K., a shopkeeper and part-time tailor from Ganghipora, Pattan, Jammu and Kashmir, was arrested on 19 September 1990 by two CRPF (Central Reserve Police Force) police. During his detention he was severely beaten. At one point, he was suspended from the ceiling by a rope and while he was hanging in the air, his ear and beard were burned with a candle.
264. The following 15 cases of death under torture were also reported:
(a) Bashir Ahmad was arrested on 23 August 1991 by police of Madanapalle town police station. He died the following day either in the lock-up of the Madanapalle thana or in the government hospital, allegedly as a result of police beatings;
(b) Uppuleti Chandraiah from Peechupalli, Karimnagar district, was arrested on 5 March 1991 on suspicion of robbery. Four days later he died in Husnabad police station, allegedly as a result of torture;
(c) Bubul Barua, from Puli Nahoroni village, Kherajghat, Mauza, Lakhimpur, was arrested on 12 October 1991 by the army in Bandardawa village. He died on 22 October, reportedly as a result of injuries sustained under torture. Medical reports indicated a rupture of the kidneys due to beatings;
(d) Dibakar Handique, office assistant at Rajgarh College, from Basapukhuri, Dholpur Maiza, Narayanpur, North Lakhimpur. He was arrested on 28 September 1991 and died on 1 October in an army camp, allegedly as a result of torture;
(e) Dhruvajyoti Gogoi, a student, was arrested on 17 March 1991 at Doomdooma, Tinsukia, by the army. Two days later his body, bearing marks of torture, was handed over to the police;
(f) Gambhir Gogoi, tea estate employee from Nagajan, Duliajan, Dibrugarh district, was arrested by the army at the end of November 1990. A few days later his body, bearing marks of torture, was handed over to the police;
(g) Doka Babonga was arrested on 21 November 1991 by Gua police, East Singhboom district. He died on 4 December at the prison ward of MGM College Hospital. Medical reports indicated as the main cause of death continuous bleeding from the abdomen due to internal injury, caused probably by torture;
(h) Darshan Singh (or Darshan Lal), from New Seelampur Colony, East Delhi, was arrested on 10 March 1992 in connection with a robbery. He was reportedly tortured at the anti-auto theft unit of the north-east district of Delhi police. He died on 17 March at LNJP (Irwin) hospital, allegedly as a result of injuries sustained under police torture. Medical reports indicated the main cause of death to be a head injury;
(i) Savinder Singh, businessman, resident of South Delhi, was arrested on 28 February 1992 and taken to the Directorate of Enforcement of the Ministry of Finance at Loknayak Bhavan, near Khan Market. The day after, his body was found in the Lok Nayak Bhavan complex. The family claims that he was tortured and forced to jump out of a window;
(j) Jairam Singh was arrested by police from the Patel Nagar police station on 18 August 1991 and died within hours. The post-mortem report listed 17 external injuries caused by a blunt object;
(k) Kuttappam of Neyyattinkara, Trivandrum, was arrested on 3 July 1991 by Parassala police, Trivandrum, and died the day after. The post-mortem report revealed rupture the of spleen, allegedly caused by torture;
(l) Ram Singh, sarpanch of Arra Koder village, died in early April 1992 allegedly as a result of injuries sustained under police torture at the Bohandiguda police station.
(m) Muthusamy from Oddanchathram, Dindigul district, was arrested at the beginning of 1992 by Oddanchathram police in connection with a theft. Subsequently, his mother, sister and father were also arrested. According to the reports they were all beaten and, as a result, Muthusamy died;
(n) Dushyant Tiyagi was arrested by eight police officers from Siani Gate police station on or about 13 April 1992 and died two days later in the Government Hospital. It was alleged that he had been burnt to death while in police custody;
(o) Kuber Lal was arrested on 25 July 1991 by Sandila police. He died in Hardoi jail allegedly due to police torture and medical negligence by prison authorities.
265. In addition to the above-mentioned, the Special Rapporteur transmitted to the Government urgent appeals on behalf of the following persons regarding whom fears were expressed that they might be subjected to torture while in detention. The date on which they were sent is mentioned in brackets at the end of the corresponding summary.
266. Tejinder Singh was reportedly arrested at his residence by police from the criminal investigation agency staff, Amritsar, at 4.00 a.m. on 11 November 1991. On 14 November 1991, Tejinder Singh was produced in court where he made a statement claiming that he had been tortured. A newspaper report on 16 November 1991 allegedly featured a police claim that Tejinder Singh had escaped from custody. However, the family claimed that this was false and that Tejinder Singh was being held in unacknowledged detention and was in danger of being tortured further (20 December 1991).
267. Iqbal Singh, a resident of Fatehpur in Amritsar district, was reportedly detained on 12 November 1991 by police and personnel from the Central Reserve Police Force (CRPF) from near the railway station in Amritsar. Iqbal Singh was initially taken to a CRPF camp near Sadar police station, Amritsar district. Subsequently he was believed to have been transferred to the Gharinda police station (20 December 1991).
268. Charan Singh, a resident of Muchhan village in Amritsar district, was reportedly detained from his residence by the assistant superintendent of police, Majitha police district, and members of the Ropar police on 7 November 1991. On a number of occasions, relatives sent telegrams, complaints and affidavits on behalf of Charan Singh to senior police, judicial and government personnel in Punjab; however, he was not produced in court (20 December 1991).
269. Amarjit Singh, a resident of Begowal, Kapurthala district, who worked as a teacher at the primary school in Miani, was reportedly detained by Hoshiarpur police on 24 October 1991. For 10 days he was detained at a CRPF camp at Hoshiarpur and later he was transferred to Jalandhar (20 December 1991).
270. Justice Ajit Singh Bains, chairman of the Punjab Human Rights Organisation, was arrested on 3 April 1992 from the Chandigarh golf club by members of the police. According to the information received, Justice Bains suffered from a heart affliction and was being denied all medication as well as visits from his family (14 April 1992).
Indonesia
Information transmitted to the Government and replies received thereon
271. By letter dated 21 August 1992 the Special Rapporteur communicated to the Government information he had received on the practice of torture in the country as well as on a number of individual cases. The Government replied to this letter on 10 December 1992. According to the reports, in various parts of the country torture is inflicted upon detainees to obtain political and other information or to intimidate suspected political activists, their colleagues and their relatives. Workers who have taken part in demonstrations have also been interrogated under torture and forced to sign letters of resignation. Those responsible are said to be military officials and members of the paramilitary police force "Brimob" (Mobile Brigade). Forms of torture and ill-treatment include: electrocution; slashing with razor blades and knives, including inside the mouth; beating on the head, shins and torso with fists, batons, iron bars, bottles, rocks and lengths of electric cable; sexual molestation and rape; kicking with heavy military boots; burning with lighted cigarettes; threats and deliberate wounding with firearms; immersion for long periods in fetid water, isolation and sleep deprivation.
272. The following individual cases were reported:
(a) Mohamad Jafar, arrested in August 1990 in Aceh on suspicion of helping members of the Aceh Merdeka movement. According to witnesses he was beaten with wooden sticks and an electric cable before being taken to an unknown destination;
(b) Dr. Mahdi Yusuf, Dr. Amiruddin, Dr. Abdullah Ibrahim, Dr. Idris Ishaq and Dr. Ibrahim Hasar were severely tortured at the beginning of 1991 while held at the Banda Aceh prison. As a result two of them were paralysed;
(c) Syaifulah was detained between September 1990 and February 1991 at Brimob headquarters in Medan. Witnesses reported that he had been kicked and beaten, stripped naked and had his genitals squeezed with metal pliers;
(d) Abbas was reportedly beaten with a thick electric cable while being questioned at Brimob headquarters in Medan in mid-1991. He was also forced to squat with a length of wood placed behind his knees and a second prisoner sitting on his shoulders, as a result of which one of his legs broke;
(e) Dr. Adnan Beuransyah, a journalist with the paper Serambi Indonesia, was arrested in August 1990 on the accusation of having links with Aceh Merdeka. During his interrogation by regional military officials he was given electric shocks on his feet, genitals and ears; his hair and nose were burned with cigarette butts and he was severely beaten and kicked;
(f) Marwan was arrested on 3 October 1990 in Aceh by members of the military and subjected to torture, as a result of which his nose was broken;
(g) Wardoyo, Latif and Samsudin, workers at the Evershinetex factory in Bogor, were severely tortured at military barracks (Korem 061) on 26 June 1991. They were allegedly accused of having taken part in a demonstration and forced to sign letters of resignation.
273. With respect to cases (a)-(d) above, the Government reported that these persons were never detained nor were they tortured. With respect to cases (e) and (f) the Government informed that these persons were involved in the activities of the Security Disturbance Movement (GPK). After being brought to trial, they were sentenced respectively to nine and six years in Lhok Nga prison (Banda Aceh). During their detention there was no indication of torture whatsoever. With regard to case (g), the Government reported that, following a strike, the company refused to continue to employ the persons concerned on the grounds of their involvement in the destruction of the company's property and in their attempts to incite racial unrest by writing anti-Chinese graffiti. The dismissal was approved by the Ministry of Manpower.
Information transmitted to the Government with regard to cases of torture which allegedly occurred in East Timor
274. In the above-mentioned letter of 21 August 1992 the Special Rapporteur also transmitted to the Government information according to which a number of persons were arrested in East Timor after the incidents of 12 November 1991 and subjected to severe torture. The following names were provided:
(a) Abel Madeira, from Gleno (Ermera); Jose Reis, arrested at Gleno, Ermera; Joao Lequi Mau, from Gleno, Ermera; Florindo Santos, civil servant from Gleno, Ermera; Armando Exposto, civil servant from Gleno, Ermera; Jonny F. Gonçalves, arrested at Ermera and taken to the police station; Lebi Mau, arrested in Ermera and taken to the police station; Julio Soares, from Gleno, Ermera; Julio Carvalho, from Ermera; Serafim Macedo, student, arrested at Pite (Dili) and taken to the police station Dionisio Reis Gusmao, student from Pite (Dili) Pite; Paulo Sousa Guterres, student from Venilale, arrested at Pite (Dili); Manuel Barreto, arrested at Fatubolu district (Dili); Raimundo Silva Monteiro, student from Viqueque, arrested at Colmera district (Dili); Leonardo Costa, student from Viqueque, arrested in Colmera district (Dili); Acacio Bernardino, student, from Los Palos; Eduardo Mamanuk, from Manatuto; Antonio Ximenes Guterres, student from Venilale (Baucau). With respect to these cases, the Government reported that these persons had never been detained nor tortured;
(b) Amau Madeira, from Gleno (Ermera); Joao Madeira, from Gleno, Ermera; Juvenal H. Madeira, from Gleno, Ermera; Adelino Soares, civil servant from Ermera; Fernando Deus, civil servant from Ermera; Carlos Deus, civil servant from Gleno, Ermera; Jose Pinto Baptista, arrested at Ermera and taken to the polres. With respect to these cases, the Government reported that these persons were detained for questioning on 15 November 1991 and released on the following day. There was no indication of torture whatsoever;
(c) Alcino Freitas Vital, from Ossoluga (Baucau); Agostinho Freitas, from Ossoluga (Baucau); Custodio Freitas, from Ossoluga, Baucau. With respect to these cases, the Government reported that these persons were questioned, given counselling from 30 November 1991 and released on 3 December 1991. There was no indication of torture whatsoever;
(d) Filomeno Gomes, arrested in Dili Caicoli; Matias Gouveia Duarte, nurse, arrested at Taibesse district (Dili) and taken to the police station. With respect to these persons, the Government reported that they were never detained but merely given counselling. After that, they participated in a community orientation programme;
(e) Arcanjo Anjos Paixao, civil servant from Ermera. With respect to him, the Government reported that he was detained for questioning concerning his activities to collect funds on the instructions of the Bishop of Ermera. He was released on 19 December 1991. There was no indication of torture whatsoever;
(f) Eliseu Soares, teacher from Ermera. The Government reported that he was released after being given counselling on 25 November 1991;
(g) José Maria Pompeia Saldanha Ribeiro, a student at the University of Denpasar, arrested on 24 November 1991 by the Indonesian Intelligence and taken to the police headquarters, first in Denpasar and then in Jakarta. The Government reported that this person is living in Denpasar and was never detained.
275. In addition to the above-mentioned, the Special Rapporteur sent two urgent appeals on behalf of the following persons, with respect to whom fears had been expressed that they might be subjected to torture after their detention:
(a) Xanana Gusmao, leader of Fretilin (Frente Revolucionária de Timor Leste Independente), was arrested on 20 November 1992 at 6.00 a.m. near the military hospital in Dili (23 November 1992). On 8 December 1992 the Government replied that Mr. Gusmao was in police custody in Jakarta and being questioned by the police and officials of the Attorney-General's office, in preparation for his court trial. His being transferred from Dili was solely for his own safety; his trial would be held in the locus delicti. While being questioned and awaiting trial, Mr. Gusmao had been treated in a manner consistent with humanitarian considerations and international standards, and his trial would be held strictly in accordance with Indonesian law. The trial would be held in an open, public court and the defendant would be awarded full legal assistance. In the meantime, the Minister of Defence had also given instructions to the military authorities concerned to respect Mr. Gusmao's physical and mental integrity. The Foreign Minister personally assured the Special Rapporteur that Mr. Gusmao was in good health and that he was not being ill-treated in any way;
(b) Abilio Baptista, Afonso Maria, Avalino Baptista, Fernando Conceicao, Francisco Goncalves, Henrique Guterres, Ildefonso Soares, Jorge Cortinnal, Mario Miranda, Pascal Soares, Rui Miranda, Vitor Viegas, Rufina Conceicao Araujo, Augusto Pereira, Alianca de Araujo, Ligia de Araujo, Jorge Manuel Araujo Serrano, Regina Conceicao Araujo Serrano, Francisco Almedia Araujo, Armandina Gusmao, Gilman Exposto, Olandina Caceiro Alves and Oscar Lima. All these persons were arrested during the month of November 1992 by military and police forces and kept incommunicado detention (3 December 1992).
Iran (Islamic Republic of)
Information transmitted to the Government
276. By letter dated 27 October 1992 the Special Rapporteur communicated to the Government that he had received information according to which prisoners held for political reasons are usually tortured in the period immediately following their arrest, but may also be subjected to torture at any time during their imprisonment, both before and after trial. Torture and other forms of physical or psychological ill-treatment are allegedly applied not only to obtain information, but also to extract statements which are sometimes recorded on film.
277. Common methods of physical torture include suspension for long periods in contorted positions, burns from cigarettes and severe and repeated beating with cables or other instruments on the back and the soles of the feet. Sometimes, a blanket or cloth is stuffed into the victims' mouths to stop them screaming, making it hard to breathe properly. Usually the victims have been blindfolded, and strapped to a kind of bedstead or held down by guards sitting on their backs. Other arbitrary punishments reportedly include being kicked or punched, made to stand without moving for hours at a time, cancellation of family visits or reducing food.
278. It was also reported that the Government had failed to introduce minimum safeguards to prevent torture, including allowing prisoners regular access to relatives, lawyers and doctors, ensuring that complaints are properly investigated and bringing perpetrators to justice. The following individual cases were transmitted:
(a) Hooshang Sabetizadeh was arrested after entering the country in July 1990. When his relatives visited him in Evin prison in March 1991 he bore marks of torture. His face, particularly around his eyes and lips, was bruised and swollen, two of his front teeth were broken and he could hardly speak. In October 1991 his relatives visited him in hospital but his physical condition was very poor, his feet were severely infected due to flogging by cable and he was unable to walk. He died two weeks after his release from prison, in March 1992;
(b) Khalil Akhlaghi was reportedly arrested in November 1989 in the city of Shiraz by members of the security forces. Before being tried and sentenced to 15 years' imprisonment, he was held for 14 months in solitary confinement in the Shiraz prison, during which time he was subjected to torture such as severe beatings all over his body and in particular on the soles of his feet. As a result of intense slapping he lost all hearing in his right ear;
(c) Ali Gaffari Hosseini was reportedly arrested at the Teheran airport in August 1990 and taken to an unknown place for interrogation where he was subjected to repeated beating, particularly in the region of his kidneys and on the soles of the feet. He also was suspended by the wrists and some of his toenails were forcibly removed.
279. In addition to the above-mentioned, the Special Rapporteur made urgent appeal on behalf of the persons involved in the incidents mentioned below. The date in which they were sent appears in brackets at the end of the corresponding summary.
280. Hundreds of persons were reportedly arrested following demonstrations and riots which took place beginning in mid-April 1992 in Mashhad, Arak, Chahar-Mahal, Hamedan, Khorramabad, Shiraz, Shushtar and Teheran. In the case of Mashhad, it was reported that a group of approximately 300 people were arrested on 30 May 1992 during a demonstration reportedly sparked off by attempts by the municipal authorities to destroy illegally constructed buildings and forcibly evict their inhabitants, as well as discontent with the social and economic situation. Fears were expressed that these persons might be subjected to torture or ill-treatment. (10 June 1992).
281. Gholam Ghahremani, an Iranian refugee in Dubai, was reportedly abducted on 3 August 1992 and taken to the Teheran Evin prison. Fears were expressed that he might be subjected to torture. (23 October 1992).
282. Abdollah Bagheri, a former member of the Kurdish opposition group Komala, was arrested at the beginning of November 1992 outside Mariwan, close to the Iraq border. Mr. Bagheri was reportedly being held in incommunicado detention and fears were expressed that he might be subjected to torture or ill-treatment. (11 December 1992).
Iraq
283. In an urgent appeal transmitted on 3 December 1992 the Special Rapporteur communicated to the Government that he had received information according to which since April 1992, when the military authorities issued orders to the local population of the marshes of southern Iraq to evacuate the area, there has been a policy of deliberately targeting non-combatant civilians. Although the air exclusion zone imposed since August 1992 put an end to the aerial attacks, government forces have reportedly stepped up ground attacks accompanied, inter alia, by widespread arbitrary arrests and torture, like those which took place in the village of al-Salem near al-Mudaina (Basra province) in September. In the second week of October, widespread arrests were reportedly carried out by government forces in the context of the officially named "punitive campaign" (al-Hamla al-Ta'dibiyya). Several thousand people were said to have been arrested, in particular in Misan province; many of them, reportedly unarmed civilians, were arrested from their homes or in the streets at random by the security forces. The detainees were reportedly held at the 4th Army Corps headquarters in the city of al-Amara, although a small number of them were later transferred to Baghdad. Fears were expressed that they might be subjected to torture or ill-treatment.
Israel
Information transmitted to the Government and replies received thereon
284. By letter dated 21 August 1992 the Special Rapporteur transmitted to the Government of Israel a summary of the main allegations received with regard to the practice of torture in the country as well as a number of individual cases. In addition to this, the Special Rapporteur made urgent appeals on behalf of persons who, according to the information received, were at risk of being tortured.
(a) Information transmitted to the Government with regard to the practice of torture in general.
285. According to the information received, the Israeli authorities in the Occupied Territories systematically use interrogation practices which amount to torture or ill-treatment. Methods include beatings, forced postures (shabeh), sensory disorientation (primarily through hooding, sleep and food deprivation, and isolation), and the use of sensory stress (through chilling and confinement in small cells, often called "coffin-cells" or khazayen by detainees). It was also reported that under the Israeli military justice system in the Occupied Territories, detainees' access to judges is routinely withheld for 18 days, and access to lawyers and family for much longer periods.
286. In theory, protection against the use of confessions obtained by duress exists in the military courts of the Occupied Territories. If a defendant maintains that a confession was so obtained, the defendant's lawyer can challenge the confession in a so-called "trial within a trial" or "mini-trial". In this proceeding, generally held in camera, the prosecutor is meant to prove the voluntary nature of the confession. The prosecutor calls witnesses involved in obtaining the confession and the defendant in turn gives evidence of the alleged abuses used to coerce a confession. If the prosecution fails to prove that the confession was made voluntarily, it becomes inadmissible and must be disregarded by the court in the subsequent full trial.
287. This safeguard, however, reportedly fails to operate effectively in practice. Lawyers maintain that in a "trial within a trial", judges often automatically accept the testimony of witnesses of the prosecution and reject that of defendants. Defendants who have often been held in prolonged incommunicado detention have no witnesses to call on their behalf. Other factors deter lawyers from seeking "trials within trials". The invocation of such a proceeding necessarily delays the hearing of a case. For a defendant charged with a relatively minor offence, therefore, the choice of a "trial within a trial" may mean that he or she will be kept in detention awaiting such a procedure for a longer period than might be expected to be served as a sentence were a guilty plea entered from the start. In addition judges, as well as prosecutors, reportedly often remind defendants and their lawyers that pleading guilty and saving the court the time and effort of a "trial within a trial" would be considered a mitigating factor of sentencing.
(b) Information transmitted to the Government regarding individual cases
288. Sharif Natsheh and his brother Ashraf, from Hebron, were reportedly arrested on 21 April 1991 and taken to the military headquarters. They were severely kicked and beaten in several parts of the body, including the soles of their feet, and given electric shocks several times.
289. Ramzi Da'na, from Hebron, was reportedly arrested on 16 September 1991 and taken to the police centre at the headquarters. He was severely beaten, specially on his thighs, face, kidneys and the soles of his feet and given electric shocks.
290. Amneh'Abd al-Jabbar Rimawi, Deputy Chair of the General Federation of Trade Unions in the West Bank and head of the Labour Studies Centre in Ramallah, was reportedly arrested and taken for interrogation on 12 November 1991 after reporting to the Moscobiyyah Detention Centre in Jerusalem where she had been summoned. She was later transferred to the Hebron (al-Khalil) prison. In both places she is said to have been subjected to torture.
291. Suad Ganeim, from Faradis, was arrested on 5 August 1991 and taken to the Jalame detention centre, where she was interrogated for 24 hours without interruption. She was obliged to stand for several hours while hooded and handcuffed.
292. Nariman Shamasna, aged 17, from Katana, Ramallah region, was arrested on 26 August 1991 and taken to the detention centre of the Russian Compound where she was severely beaten.
293. Fatme Abu-Khdeir, from Shonafat, Jerusalem, was arrested and severely beaten before being transferred to the Russian Compound. She was obliged to stand for hours while hooded and handcuffed.
294. Ghazat Hassan Abu Khadir and Saladin Abu Khadir were arrested on 1 July 1991 by agents of the Shin Beth (General Security Services) and taken to the Ramallah prison where they were severely beaten. Ghazat Hassan Abu Khadir was deprived of sleep for ten days.
295. The Special Rapporteur also received information on the arrest and subsequent torture of several Palestinians carried out in the West Bank on 22 January 1992 by the Israeli security forces who accused them of membership in the Popular Front for the Liberation of Palestine. The following names, in particular, were reported:
(a) Mustafa 'Akkawi. He was taken to Hebron (al-Khalil) prison, where he was held for several days in a very cold corridor, hooded and handcuffed to a chair and deprived of sleep while he was being interrogated. On the night of ¾ February 1992, he had a heart attack, but a medic did not identify any illness and did not refer him to a doctor. He was then placed in one of the narrow cells commonly called "refrigerators", but he collapsed shortly afterwards and died;
(b) Ribhi Ramez Salim Haddad, from Nablus, West Bank. After his arrest on 22 January he was held in Ramallah prison, Petah Tikva detention centre, Hebron (al-Khalil) prison and al-Dhahiriyyah detention centre. At a court hearing in al-Dhahiriyyah detention centre on 6 February 1992, his detention was extended by 30 days, after which he was taken back to Petah Tikva detention centre. He was visited there by a lawyer on 10 February, to whom he stated that he had been forced to sit on a very low chair with his hand handcuffed behind his back in freezing temperatures for about five days;
(c) Ghadir 'Awad, a mathematics teacher from Ramallah. She was reportedly arrested when soldiers came to arrest a neighbour who was not there. One person was reportedly taken from each apartment in the building. She was taken to the Moscobiyyah detention centre where she was interrogated for two days. During her detention she was hooded with her hands shackled behind her back to an iron pole, deprived of sleep and placed in solitary confinement for several days. She also suffered sexual harassment;
(d) Ya'qub Yusuf Musa Fathu, from al-Sawaneh in Jerusalem. He was taken for interrogation in the GSS (General Security Service) wing of the Moscobiyyah detention centre in Jerusalem, where he was apparently shackled in painful positions and deprived of sleep.
296. The Special Rapporteur also received a report on the situation of prisoners in the Khiam detention centre, situated in south Lebanon. Khiam was apparently set up as a permanent detention centre in early 1985 by the South Lebanon Army (SLA) with Israel's assistance and supervision. Many detainees have reportedly been subjected to torture or ill-treatment during interrogation, including beatings with electric cables, dousing with water, electric shocks and deprivation of sleep, food and hygiene.
297. In addition to the above-mentioned, the Special Rapporteur transmitted to the Government urgent appeals concerning the following persons. The dates on which they were sent are mentioned in brackets at the end of each summary.
298. Sheikh Ahmad Yassin an elderly man held in a prison in the Gaza Strip, was reported to be in an extremely poor state of health due, in part, to beating and ill-treatment while in detention. He was said to be paraplegic and blind in one eye, and to be suffering from a skin disease. Fears were expressed that unless he was given the medical treatment required by his condition, his health might further deteriorate and his life might be in danger. (29 July 1992)
299. With respect to this case the Government reported on 1 September and 19 November 1992 that Sheikh Yassin was serving a life sentence at Ashmora prison and not in the Gaza Strip. The conditions of his imprisonment were fair and humane, as were the conditions of all prisoners held by the Prison Authority. Prison conditions were in conformity with the law and with international standards. The state of the Sheikh's health was stable and not deteriorating, and he was under medical supervision and treatment by a doctor and by the medical staff of the prison. Furthermore, two prisoners had been assigned to his cell whose task was to assist him with his personal requirements. The allegation that his physical condition was a result of beatings and ill-treatment during his detention had no basis.
300. I'taf Daoud Hussein I'elyan had been kept in an isolation cell at the Tel Mund central prison for 32 years. She had also been denied the surgical operation that she needed since her nose was broken under torture five years ago. It was also reported that to protest her situation she had initiated a hunger strike and, as a consequence, her health had further deteriorated. (16 September 1992).
301. Ahmad Suleiman Musa Qatamesh was arrested on 1 September 1992 and said to be held in Ramallah prison. According to his lawyer, who was allowed to see him on 23 September 1992, Mr. Qatamesh was suffering from severe stomach and head pains, difficulties in breathing and repeated loss of consciousness caused by torture and ill-treatment including extreme sleep deprivation, position abuse, and hooding and suffocation during interrogation. It was also reported that he had been denied medical care. (30 September 1992)
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