E/CN.4/1994/31
page 13
35.
On 18 October 1993 the source reported that Ameur Legraïdi and
Fathi Ouerghi, who had been recognized as refugees in need of protection
by UNHCR in Algiers, had been handed over to the Tunisian authorities
on 8 July 1993.
Observations
36.
The Special Rapporteur appreciates the Government of Algeria’s commitment
to dialogue with experts of the Commission on Human Rights. He notes that the
Government has not explained why it considers the cases of foreign nationals
threatened with deportation and eventually deported to a country where they
risked being tortured might not fall within his terms of reference. In this
he has merely followed the practice of his predecessor and other thematic
procedures. Moreover, Algeria, as a party to the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment, is bound by its
article 3 to refrain from such deportations. As to the Government’s dismissal
of concerns that legislation authorizing prolonged incommunicado detention can
facilitate torture, the Special Rapporteur notes that this concern has
consistently motivated his predecessor and that the Commission on Human Rights
shares the concern: as recently as 5 March 1993, in its resolution 1993/40,
in which the Special Rapporteur was appointed, the Commission recalled that
"incommunicado detention is highly conducive to torture practices". The
Special Rapporteur welcomes the Government of Algeria’s stated commitment,
despite the existence of "terrorist manifestations of religious extremism", to
maintain respect for human rights, in particular the absolute prohibition of
torture. He believes that this commitment could be made more effective by
eschewing resort to prolonged incommunicado detention.
Angola
Information transmitted to the Government
37.
By letter dated 26 August 1993 the Special Rapporteur transmitted to the
Government the following two cases of torture alleged to have occurred in
Angola.
38.
Charles Mpoti was arrested on 5 October 1990 in Luanda on charges on
being a member of UNITA and taken to Estrada Catete prison, where he was
allegedly tortured. Medical reports prepared abroad shortly afterwards stated
that Mr. Mpoti had a sprained left shoulder with lesions of the circumflex
nerve that prevented him from raising his arm. It was also found that he
had major sequelae of burns on the buttocks. He was arrested again on
14 October 1992 and detained for three weeks in Estrada Catete prison, where
he was allegedly tortured once more.
39.
Godfrey Absalom Nangoya, a member of the Associaçao Civica de Angola and
one of the leaders of its human rights programme, was arrested at his home in
Luanda on 1 November 1992, together with his wife and children. They were
taken to a police station, where Mr. Nangoya and his wife were reportedly
beaten in the presence of their children. As a result, he had a broken tooth
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