E/CN.4/2000/9 page 136 regional court, which asked for further investigations to be carried out. On 5 October 1995, it was again decided that criminal proceedings would not be instituted. Finally, the Government indicated, he was sentenced to 10 years' deprivation of liberty for hooliganism and premeditated grievous bodily harm leading to the death of the victim. 692. Concerning Andrey Shtelts, the Government confirmed that he had complained of ill-treatment during his November 1995 trial. Investigations confirmed that he had obtained first aid for an injury to his right knee in the casualty unit of the Zhezqazghan city office of the Ministry of Internal Affairs. At that time, he reportedly did not lodge any complaint of having been beaten. On 16 February 1996 the investigator of the former GSK administration for the Zhezqazghan region decided not to institute criminal proceedings as the conduct of the incriminated officials of the Ministry of Internal Affairs in his view did not constitute an offence. Finally, the Government indicated that Andrey Shtelts had been sentenced to five years' deprivation of liberty. 693. Concerning Andrey Kolvakh, the Government indicated that on several occasions he had confessed in the presence of his lawyer to causing light bodily harm and to unlawfully detaining the victim, and that he had not complained of unlawful methods of investigation during his trial. On 16 March 1998, he was sentenced by the Uralsk city court to three years' deprivation of liberty. A claim of ill-treatment was eventually reviewed under an appeal procedure by the West Kazakhstan regional court, which concluded that his claim was unfounded. 694. Concerning Pyotr Privalov, the Government indicated that immediately after his arrest he had voluntarily confessed to theft. His claim that unlawful methods of investigation had been used against him was decided to be unfounded. 695. Concerning Gennadiy Yakuenko, the Governement indicated that he was not on the list of persons arrested or detained in 1997. Kenya Urgent appeals and replies received 696. On 19 February 1999, the Special Rapporteur sent an urgent appeal on behalf of four persons who were said to be in the Greek embassy in Nairobi: two women, Melsa (no surname), reportedly holding a German passport, and Nujan (no surname), and two men, Ibrahim Ayaz, reportedly holding a Swedish passport, and Bylan (no surname), reportedly holding a French passport. They were reportedly accompanying Abdullah Öcalan. Fears had been expressed that they might face imminent and forcible repatriation to Turkey, where they might be at risk of torture and other forms of ill-treatment. Observations 697. The report of the Special Rapporteur on his visit to Kenya is contained in Addendum 4 to the present report.

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