E/CN.4/2000/9
page 68
327.
Camille Kissakoula is said to have died in a police cell at Kinkala in
Pool on 8 August 1998 because of the beating he received. He reportedly suffered
a cerebral haemorrhage and deep back wounds.
328.
Jean-Paul Tsoumou, a customs inspector, is said to have died on
24 November 1998 after being beaten so violently that his pancreas was affected.
He was allegedly arrested for corruption in October 1998 in Pointe-Noire by
members of the security forces.
329.
Ngoma Dikamona and Igor Mayetely were reportedly beaten violently by
members of the security forces who were pursuing Ninja fighters in Kingouari, on
the outskirts of Brazzaville, in October 1998. Other civilians, including Jean
Kimounga and Pacôme Tchakaka, were allegedly injured.
330.
By letter dated 11 November 1999, the Government indicated that not only
was the Head of State committed to the battle against torture, but also, that
any act of torture or inhuman or degrading treatment was prohibited under
article 8 of the Constitution of 24 October 1997. It emphasized that no one had
yet appealed to the Congolese courts regarding the events outlined above, even
though the country had legislation offering numerous guarantees of human rights.
Specifically, the Government stressed the fact that under articles 28 and 29 of
the Constitution, the competent courts were entitled to rule on any violations
of fundamental rights and to take steps to repair the damage caused by such
violations.
331.
The Government also pointed out that a number of violations had in fact
been committed by members of the militias that had run rampant during the period
of tension and instability of the war in 1997 and in the armed attacks by
militias in December 1998 and early 1999.
332.
Lastly, the Government informed the Special Rapporteur that the Republic
of the Congo has recently begun the procedure for acceding to the Convention on
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Cuba
Regular communications and replies received
333.
By letter dated 12 October 1999, the Special Rapporteur informed the
Government that he had received information on prison conditions that pointed to
serious deficiencies in the treatment of prisoners which were especially grave
in area of medical care, in terms both of lack of resources and of obstruction
by the authorities of the work of physicians. Information was given about the
resurgence in military camps of elements of the so-called military units for the
promotion of production. Specifically, complaints have been received about
precarious conditions in four units of the Youth Labour Army in Havana province;
in the prison of Las Grimas and the labour camp of Minint in Placetas, Villa
Clara province; in Matanera prison in Agüica, Colón; in the provincial prison at
Holgín; and in Boniato penitentiary in Santiago de Cuba.
334.
Complaints have been receiving regarding the new structure of the
provincial prison at Guantanamo. Soldiers (whose names are known to the Special
Rapporteur) were identified as being responsible for the ill-treatment, by means
of punishment cells, insufficient and badly prepared food, lack of medication
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