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.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents