E/CN.4/1991/17
page 16
refers to a telegram from the Regional Prosecutor in Apartado, the area of
influence of the Infantry Battalion, reporting that, on the basis of the
review of the records of this regional office of the Attorney-General's
Office, no proceedings have been instituted in connection with the alleged
torture of this person. On 20 November 1990, the Government provided
information on the case of Maria Elizabeth Suarez Giraldo to the effect that,
according to the Prosecutor's Office for the Defence of Human Rights and in
connection with the complaint of the rape of this person, "the file states
that she appeared for a forensic medical examination 20 days after it
allegedly occurred, thus preventing the medical expert from identifying signs,
symptoms or injuries which would make it possible to determine etiology,
consequences or forensic disability". It was also stated that, in connection
with the disciplinary investigation into the possible torture of trade
unionists, charges were brought against four officers (a colonel, a major, a
captain and a lieutenant). At present, the proceedings are at the stage of
the gathering of evidence as admitted and ordered by the Prosecutor's Office
for the Defence of Human Rights.
Comoros
Urgent appeals
52. On 11 October 1990 the Special Rapporteur sent an urgent appeal to the
Government of Comoros concerning a group of more than a dozen persons who were
reportedly arrested in late August 1990 and detained incommunicado without a
charge or trial. Among these persons seven were identified as follows:
Moussa Ali, Ahamada Chioni, Mohamed Machangama, Al Mohamed Massani,
Hadji Mohamed, Ali Soihili and Said Mlinde. Said Mlinde was said to have died
in detention on 15 September 1990. According to the information the arrests
occurred following reports from Government sources that a destabilization
attempt against the Government had been foiled.
Urgent appeals and Government replies
53. On 27 July 1990, the Special Rapporteur sent an urgent appeal to the
Government of the Congo transmitting information concerning
Mr. Celestin Nkona, who was arrested on 9 July 1990, and Clement Mierassa, who
was arrested on 11 July 1990. These two persons, whose arrest was linked to
the discovery of a plot to overthrow the Government, were allegedly held
incommunicado, under the supervision of the Public Safety Department.
According to the information received, they were not able to communicate with
a lawyer and were not brought before a court. Fears were expressed that they
might have been tortured while they were being held incommunicado.
54. On 31 August 1990, the Government of the Congo informed the
Special Rapporteur that, on the occasion of the 30th anniversary of the
country's independence, the President of the People's Republic of the Congo
decreed a general amnesty for all political prisoners. All individuals being
prosecuted or detained for political offences committed prior to
14 August 1990 benefit from this presidential clemency measure.
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