E/CN.4/1994/31
page 95
Observations
452. The Special Raporteur understands the gravity and ferocity of the
insurgency that has confronted Peru since 1980. The atrocities committed by
the insurgents no more justify torture than they do enforced disappearances or
summary executions. The impunity effectively enjoyed by those responsible for
such crimes calls for firm action backed by political will with a view to
ensuring individual accountability by the security forces.
Portugal
Information transmitted to the Government
453. By letter dated 3 November 1993 the Special Rapporteur informed the
Government of reports he had received concerning the following two cases:
(a) Francisco Carretas and a friend were arrested by agents of the
Almada gendarmerie (GNR) unit in Charneca da Caparica on 6 February 1992. At
the moment of arrest and later, at the GNR post, they were reportedly beaten
and verbally threatened. They were then taken to a forest near Almada where
three officers allegedly kicked and punched them; one officer allegedly also
threatened to assault Francisco Carretas sexually. He was later treated for
his injuries in the Garcia de Orta hospital in Almada. An X-ray allegedly
showed a suspected fracture of the coccyx, while photographs taken after his
release showed serious and extensive bruises on the back, buttocks and legs.
A judicial inquiry was reportedly opened.
(b) Orlando Correia, a French citizen of Portuguese origin, was
reportedly physically assaulted by officers of the judiciary police on
9 September 1992, while in preventive detention in Guarda prison on charges
relating to drug-trafficking. He was said to have been admitted later to the
emergency service of Guarda hospital in a state of unconsciousness. According
to the medical certificate issued by the hospital, he had bruises and
scratches on his chest and back. The Office of the Director General of the
judiciary police reportedly opened a disciplinary investigation into the
matter at the end of September.
Republic of Korea
Information transmitted to the Government and replies received
454. By letter dated 26 August 1993 the Special Rapporteur informed the
Government that he had received reports of prisoners being beaten, deprived of
sleep and forced to do repeated physical exercises during interrogation. The
reports also indicated that in very few cases had the Government instituted
independent and impartial investigations and few cases had led to prosecution
of law enforcement officials. Abuses had, in particular, been carried out by
the Agency for National Security Planning (ANSP) which could detain and
interrogate prisoners for up to 20 days before charges were made. The
individual cases described in the following paragraphs were transmitted to the
Government.
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