E/CN.4/2000/9
page 47
inmates, who refused to comply with the Centre's locking-up hours, that had
caused the minor injuries some of them had suffered in the struggle with prison
staff. These facts were corroborated by the investigation ordered by the Prison
Service. A woman police officer was reportedly also injured. The facts were
brought before the Second Criminal Court of San Miguel on 16 July 1997.
Observations
207.
The Special Rapporteur is grateful for the detailed and informative
responses of the Government, including those by way of follow-up to his 1995
visit (see E/CN.4/1996/35/Add.2 and Add.1 to the present report). He welcomes
the legal reforms that have taken place, especially the adoption of a specific
offence of torture, the abrogation of the law permitting detention on suspicion
and the strengthening of safeguards protecting the rights of persons deprived of
liberty. He continues to believe that judges should not be authorized to order
solitary confinement (incomunicación) for more than 48 hours and then only with
safeguards to ensure the well-being of the detained person. He also continues to
believe that it is essential to bring the carabineros under the civilian justice
system in respect of acts committed against civilians.
China
Regular communications and replies received
208.
By letter dated 15 November 1999, the Special Rapporteur advised the
Government that he had received information on the following individual cases.
209.
Jingsheng Liu was reportedly detained on 28 May 1992 and sentenced on
16 December 1994 to eight years in prison for leading a "counter-revolutionary
group" and another eight years in prison for "counter-revolutionary propaganda".
He is currently being held at the Banbuqiao Detention Centre. He has reportedly
been held in solitary confinement since 1996 and is allegedly not in good
health.
210.
Yang Liming, Yang Wenli and Zhang Wenqing were reportedly arrested in
December 1992 for burglary and murder in Wuwei city, Gansu province. Their
confessions were allegedly obtained through 10 days of torture. Upon the
confession of another individual to the alleged crimes, these three individuals
were freed in February 1996.
211.
Yu Dongyue, an art editor of Liuyang Daily, was reportedly arrested on
23 May 1989 for participating in pro-democracy demonstrations in Hunan. He was
allegedly sentenced on 11 August 1989 by the Beijing Intermediate People's Court
for "counter-revolutionary propaganda and incitement" and "counter-revolutionary
sabotage". He was allegedly tortured in Hunan Prison No. 3 at Lingling. He was
allegedly held in solitary confinement in a tiny windowless damp cell for at
least two years. The Special Rapporteur had already intervened on his behalf in
1992. According to recent information received, Yu Dongyue is now held in
Ruanjiang prison in Hunan, where he is allegedly showing signs of mental
disturbance and of having lost control of some bodily functions.
212.
Chen Jinchang, Wen Shaorong, aged 15, Wen Shaorong, aged 15, and
Yao Zekun were reportedly arrested in April 1995 in Fuyuan county, Yunnan
province and were charged for the robbery and murder of a driver. Chen Jinchang
was reportedly forced to kneel and was tied up with a wet rope. He was allegedly
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