E/CN.4/1991/17
page 12
On the basis of the foregoing, it may be concluded that the
complaints to the Special Rapporteur that persons arrested by Carabineros
were allegedly subjected to torture are unfounded and untrue and the
information compiled contains no sound arguments to back up the
allegations by the persons concerned. There are also documents written
and signed by these persons stating that they have no charges to bring
against Carabineros and its members.
The Chilean Criminal Investigation Department provided information
on the cases of Cristobal Modesto Carrasco Onate, Mirko Zapkovic Orrego
and Victor Hugo Pavez Ramirez, Luis Carlos Godoy Cortes, Oscar Patricio
Molina Ossandon, Hector Alfredo Zuniga Suarez and Luis Hernan Bravo
Ordonez.
In all these cases, the Chilean Criminal Investigation Department
acted in accordance with orders by the competent courts and on the basis
of the powers entrusted to it by the Carabineros Organization Act; its
procedures are thus fully in keeping with the law. In addition,
prisoners taken to Carabineros premises are given a medical examination
to determine the state of their health. Their detention is recorded in
the Public Register of Prisoners, which shows, inter alia, their identity
and the reason for, and order authorizing, their detention. When they
come back and are placed at the disposal of the courts, they are given
another medical examination."
China
Urgent appeals and Government replies
38. On 17 January 1990 the Government of China provided the Special
Rapporteur with a reply to an urgent appeal dated 29 November 1989 concerning
Tseten Norgye (see document E/CN.4/1990/17, para. 4 4 ) . It stated that, after
receiving the communication from the Special Rapporteur, the department
concerned in China conducted an investigation and found that no person by the
name of Tseten Norgye was among the prisoners.
39. On 18 May 1990 the Special Rapporteur sent an urgent appeal to the
Government of China concerning further information he received with regard to
Tseten Norgye. According to that information the Chinese Ambassador to
the United States of America addressed a letter to United States
Senator Patrick Leahy, informing him that Tseten Norgye had been detained on
an unspecified date in 1989 for investigation as a major suspect and that he
was formally charged on 10 November 1989 and was at present awaiting trial.
It was further reported on 28 March 1990 that Tseten Norgye was being held in
solitary confinement in the military prison below Chokpori, and that he was
now totally blind, allegedly as a result of beatings during interrogation.
40. On 9 July 1990 the Government of China informed the Special Rapporteur
that "owing to different translation versions of Tibetan names, Tseten Norgye
was translated into Danzeng Nuojie. Besides, according to the communication
transmitted by the Rapporteur, he was 45 years old and was from Lhasa. Since
this was at variance with the fact, attempt to locate him failed. Through the
efforts of various quarters, it has been verified that Tseten Norgye is Cidan
Luojie, 48 years of age, from Xigaze region of the Tibetan Autonomous Region.
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