E/CN.4/1997/7/Add.3
page 11
The individuals in question, however, were examined by the medical staff of
the non-governmental organization
Red de Apoyo , who found physical
after-effects consistent with the events reported in the complaints.
30.
Aníbal Roberto Ruiz Calderón was arrested by theatre of operations No. 1
personnel in November 1995 in La Esperanza shanty town, between Santa Rita
sector and las Monas, State of Apure, on suspicion of contact with the
Colombian guerrilla fighters. While in detention he was allegedly stripped,
blindfolded and gagged, bound hand and foot and tied to a tree. In this
position he was allegedly beaten unconscious.
31.
All these cases were transmitted to the Government by the
Special Rapporteur on various occasions. On 30 October 1996 the Rapporteur
8
transmitted a total of 33 cases, some of which were collective cases.
32.
The government authorities with whom the Special Rapporteur met were
unanimous in condemning the use of torture. The Minister for Foreign Affairs,
for example, said that although the Government did not condone abuses, they
might take place at the lower levels of society, partly due to the low
cultural level of junior police officers. He also said that crime was a
serious social problem that was partly fostered by the prevailing impunity.
33.
From the legislative side, the members of the Sub-Commission on Human
Rights and Constitutional Guarantees of the Chamber of Deputies indicated that
many of the complaints they received were related to abuses by the police,
including physical ill-treatment, which occurred on a daily basis, and that,
although it was not government policy to inflict ill-treatment, there was
negligence on the latter's part and covering up by the police. They said that
during 1995 they had received complaints of 67 cases of ill-treatment alleging
responsibility by the Metropolitan Police, 40 attributable to the National
Guard, 24 to the DISIP and 24 to the PTJ. In addition, many more cases had
been transmitted by the State legislative assemblies. Concerning the role
of the Public Prosecutor's Office, they said that there should be a greater
turnover of prosecutors assigned to specific police or prison centres, since
these assignments often led to situations of collusion.
34.
The Director of the PTJ said that its staff was insufficient for the
large quantity of events of all types it had to investigate, and that there
were times when the officers took the easiest way of speeding up the
investigation. He did say, however, that although there were abuses, these
were not institution policy and were not supported by the PTJ management.
35.
The Metropolitan Police authorities said that abuses by the police have
been reported more regularly in recent years and that the police encouraged
citizens to lodge complaints. Police officers also know that complaints are
investigated and that there is a risk of punishment, which has brought down
the number of incidents of abuse.
36.
The Commander-in-Chief of the National Guard said that expulsions by
the Guard in cases of land invasion always took place at the request of the
Governor or competent judicial authority, and always strictly within the
bounds of the law. In addition, the National Guard always requested that a
prosecutor should be present, precisely in order to guarantee legality.