E/CN.4/2000/9/Add.5
page 19
imprisonment on the ground of their membership of the DHKP/C and participation in illegal
activities had been quashed by the Court of Appeal. The suspects had subsequently applied to
the European Court of Human Rights. On 12 October 1998, the Court of Appeal also overturned
the ruling of the Criminal Court of Manisa which had cleared the law enforcement personnel of
allegations of torture and ill-treatment and which had led to their release on 11 March 1998.
Although the Criminal Court of Manisa subsequently insisted on its decision to acquit, the
General Council of the Court of Appeal once again overturned its decision. The Court of Appeal
affirmed its position that the responsible law enforcement officials committed the crime of
torture and ill-treatment and could not be left unpunished. The Office of the Chief Prosecutor of
the Court of Appeal refused a “revision of decision” request by the law enforcement personnel.
According to the Government, the Criminal Court of Manisa is now obliged to revise the case
and sentence the law enforcement personnel to imprisonment for a minimum period of 14 to a
maximum period of 70 years’ imprisonment. The first hearing was held on 28 December 1999.
The Government also reported that the Medical Doctors’ Association of Manisa had asked for a
decision to suspend the doctors who had issued erroneous medical reports on the state of health
of the young people after they had been released from custody periods ranging from three to
six months, a proposal which had subsequently been adopted by the Turkish Association of
Medical Doctors.
Uruguay
91.
By letter dated 21 January 2000, the Government responded to the cases that the Special
Rapporteur had communicated to it on 12 October 1999 (see E/CN.4/2000/9, para. 1120).
92.
The Government stated in its reply that Francisco Saavedra and Luis Sora, because of
an incident on the public highway involving police officers, were arrested on 23 May 1999 and
ill-treated by the latter. The examining magistrate confirmed the facts and on 31 August 1999
ordered the prosecution of the police officers without detention for abuse of authority.
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