E/CN.4/2001/66
page 104
offered medical treatment, which he accepted. The Government noted that two police officers
had to be treated at the hospital for several injuries, including a bite, bruises and swellings. The
policemen concerned instituted legal proceedings for bodily injury. The public prosecutor’s
investigation against Serge Menga-Nsibu for resisting law enforcement officials was
discontinued by the Essen district court on a provisional basis. Finally, he was ordered to pay
DM 2,000 by 2 May 2001 to the policeman who suffered the more severe injuries.
Urgent appeals and replies received
522. On 22 February 2000, the Special Rapporteur sent an urgent appeal on behalf of
‘Abd al-Akher Hammad and Muhi al-Din Ahmad ‘Abd al-Mun’im and their families, who
are Egyptian citizens and who reportedly applied for asylum at Frankfurt airport on
26 January 2000. Their asylum applications are said to have been conducted in the transit zone
of Frankfurt-am-Main airport under the special “airport procedure” and to have been refused on
31 January 2000 as being manifestly unfounded (“offentsichtlich unbegründet”) by the Federal
Office for the Recognition of Refugees. Their appeals to the administrative court are said to
have been turned down on 16 February and 15 February 2000 respectively. ‘Abd al-Akher
Hammad is reportedly suspected of being one of the leadership in exile of the armed wing of the
Islamist group al-Gama’a al-Islamiya (Islamic Group), which he allegedly denies. Muhi al-Din
Ahmad ‘Abd al-Mun’im was reportedly tried by an (Emergency) Supreme State Security Court
and sentenced to a seven-year prison term for “membership in a secret illegal organization
intending to overthrow the government” which he is said to have served from 1981 to 1988.
523. On 29 February 2000, the Special Rapporteur sent further information to the Government
on the case mentioned above. In particular, it was reported that the persons concerned were now
facing imminent and forcible repatriation to Iran, from where they may be forcibly repatriated to
Egypt.
524. By letter dated 13 March 2000, the Government replied that it would not deport the two
Egyptian nationals to any country where they could be subjected to cruel, inhuman or degrading
treatment, and would not deport them to their home country, irrespective of the fact that their
asylum requests were unfounded.
Guatemala
525. By letter dated 8 November 2000, the Special Rapporteur reminded the Government of a
number of cases transmitted in 1998 regarding which no reply had been received.
Observations
526. The Special Rapporteur considers it appropriate to draw to the attention of the
Commission the findings of the Committee against Torture on its consideration in
November 2000 of the periodic report of Guatemala under the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, which expressed concern about:
“[e]l deterioro de la situación de los derechos humanos en Guatemala, en especial el incremento
de los casos verificados de torturas y de tratos crueles, inhumanoes y degradantes en relación con
la situación que se observaba cuando el Comité examinó el segundo informe periódico.
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