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

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents