E/CN.4/2000/9
page 92
indicated that on 20 October 1998, the Papeete Correctional Court handed down
its decision in the so-called Faa'a urban violence case. The persons mentioned
by the Special Rapporteur in his communication had been found guilty, and three
of them had been sentenced. Concerning the complaint filed by Henri Temaititahio
against person or persons unknown for bodily harm and gross negligence at the
time of his questioning, which 12 other people have joined in submitting, the
Government indicated that an investigation has been undertaken. Medical expert
analysis revealed that Mr. Temaititahio had sustained traumatic injuries
resulting in temporary work incapacity of ten days' duration and that JeanMichel Garrigues had undergone craniofacial traumatism without loss of
consciousness. No long-term effects of the events in question had been observed,
however. The police officers, who testified under letter of request, disputed
the claims of ill-treatment but acknowledged that they had acted with firmness
in view of the circumstances. On 30 June 1998, the examining magistrate ordered
the case dismissed on the grounds that the inquiry failed to attribute the
violent acts to the law enforcement agents. The Government indicated that that
order had been appealed and that, by a ruling dated 1 September 1998, the Court
of Appeals had ordered supplementary investigations, which were now being
carried out.
452.
By letter dated 3 February 1999, the Government responded on the final
case cited in the communication of August 1996 (see E/CN.4/1997/7/Add.1,
para. 159). It informed the Special Rapporteur that the sergeant and two
policemen accused of deliberate acts of violence against Sid Hamed Amiri had
been removed from office by ministerial order dated 23 March 1998. On 25 March
1998, all three had been given a suspended sentence of 12 months' imprisonment
by the Aix-en-Provence Court of Appeals and were definitively disqualified from
serving as police officers. One of the police officers has applied for judicial
review of the case.
Georgia
Regular communications and replies received
453.
By letter dated 29 November 1999, the Special Rapporteur advised the
Government that he had received information according to which beatings and
ill-treatment have been reported in the army, which, together with poor living
and sanitary conditions and brutal hazing, are said to have caused many
desertions. New recruits in particular are allegedly subjected to brutal
treatment, including severe beatings. Army officers are said to frequently
consent and/or participate in such practices. They are believed to condone these
practices as a means of maintaining discipline.
454.
The Special Rapporteur has received information on the following
individual cases.
455.
Aka Sulava, a journalist and human rights activist, was allegedly
severely beaten on 1 February 1999, by four unidentified assailants. It is
believed that these assailants were supported by the Tbilisi police, as the
victim had already been threatened in connection with exposing several cases of
police violence. As a result, he reportedly sustained severe injuries to his
legs, back and head. The police have reportedly refused to open an
investigation.
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