E/CN.4/1994/31
page 131
648. The Government also reported that no information was found in
official records on measures taken against the following persons:
Ali (Redzep) Kadrijaj from Restovici near Decani; Fadil Kraljani from Pec;
Jasar Salihadziaj from Radovici near Pec; Mirtzaj Bajramu from Pec; and
Avdi Ulaj from Pristina.
Observations
649. During the period under review, the Special Rapporteur has received
very little direct information on torture in the territory of the former
Yugoslavia. Since the appointment in August 1992 of Mr. T. Mazowiecki as
Special Rapporteur on the situation of human rights in the territory of the
former Yugoslavia, the information received has been processed by his staff in
Geneva and Zagreb and has been reflected during 1993 in the reports contained
in documents E/CN.4/1994/3 of 5 May 1993; E/CN.4/1994/4 of 19 May 1993;
E/CN.4/1994/6 of 26 August 1993; E/CN.4/1994/8 of 6 September 1993 and
E/CN.4/1994/47 of 17 November 1993. This was done both to avoid duplication
of efforts and to ensure a comprehensive approach to the former Yugoslavia, as
well as to make optimum use of the expertise that the case requires. On the
other hand, with respect to Bosnia and Herzegovina the Special Rapporteur’s
usual procedures for communicating allegations to the Government concerned
cannot usefully be applied to a country where it is estimated that two thirds
of the territory are not under the control of the recognized Government.
United Kingdom of Great Britain and Northern Ireland
Information received from the Government on cases included in previous reports
650. By letter dated 18 October 1991 the Special Rapporteur advised the
Government that he had received information alleging that Damien Austin,
aged 17, had been subjected to ill-treatment at the Castlereagh detention
centre in Belfast in May and August 1991.
651. On 10 February 1993 the Government replied that the complaints from
Mr. Austin related to his detention from 7 to 10 May 1991 and from 17 to
20 August 1991. Following his release, on both occasions, he had made formal
complaints about his treatment at the holding centre. The complaint in May
was classified as incapable of investigation by the Independent Commission of
Police Complaints (ICPC) under regulation 17 of the Royal Ulster Constabulary
(RUC) Complaints Regulations 1988 because of the non-cooperation of
Mr. Austin. When he was arrested in August he had already sustained some
injuries, including a wound to his ear which had been treated and stitched.
However, during his detention in Castlereagh it was alleged that he had been
further injured, and his solicitor went to court for a writ of habeas corpus.
Before the case was heard Austin was released. The complaint had been
investigated by RUC, under the supervision of ICPC and a report had
been forwarded to the Director of Public Prosecutions (Northern Ireland).
DPP (NI) had issued an interim direction on 16 November 1992 stating that
the consideration of the complaint would have to await the outcome of civil
proceedings lodged by Mr. Austin. It would not be appropriate, therefore, to
comment further until all civil, criminal or disciplinary proceedings had been
completed.
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