E/CN.4/1991/17
page 34
in Mauritanian territory, whether a citizen or not, may assert all these
rights and is free to institute court proceedings where necessary. The courts
rule within a reasonable period of time on any properly registered complaint
and administer justice to possible victims. However, the courts have not
registered complaints from any of the persons referred to in the Special
Rapporteur's telex, whereas an application to the courts is not only the
easiest course, but also the initial remedy which must be sought by any
citizen who claims to be a victim of an abuse. The exhaustion of local
remedies is after all widely recognized as being a prerequisite for any
application to international bodies".
Government letters and replies
109. On 17 January 1990, the Mauritanian Government sent the Special Rapporteur
a note verbale in reply to his letter of 2 October 1989 (E/CN.4/1990/17,
para. 102). The note contained statements which were identical in content to
those referred to in the preceding paragraph.
Letters and Government replies
110. On 6 June 1990, the Special Rapporteur sent a letter to the Government of
Mexico transmitting information stating that Mr. Jesus Manuel Martinez Ruiz
was arrested by Judicial Police officers on 4 September 1989 in Villahermosa,
State of Tabasco, and, during his detention, was allegedly subjected to
torture that led to his death. Mr. Julio Cesar Marquez Valenzuela, who was
also arrested on the same day and subjected to torture, reportedly stated that
Mr. Martinez Ruiz's death was the result of torture by Judicial Police
officers. Two of Mr. Martinez Ruiz's relatives, Mr. Oscar Gonzalez Martinez
and Mrs. Esperanza Luna Jimenez, were also reportedly detained on
13 October 1989 in Villahermosa by Judicial Police officers and subjected to
torture to make them provide information about Mr. Marquez Valenzuela.
111. It has also been reported that some persons in Embocadero, State of
Veracruz, were arrested in November 1989 in connection with the murders of two
bosses in 1984 and were reportedly subjected to torture and ill-treatment to
make them confess to having taken part in the murders. The Special Rapporteur
transmitted the cases of Socimo Centeno Hernandez, Guilebaldo Centeno,
Gonzalo Ibarra and Quintil Quintero to the Government. According to another
complaint, Jose Sandoval Mendez, aged 63, and his son, Santiago Sandoval
Ramirez, aged 16, were arrested in the outskirts of San Antonio Escobedo,
State of Jalisco, on 24 August 1989 by members of the armed forces and
transferred to the headquarters of Military Zone XV in Guadalajara, where they
were allegedly subjected to torture to force them to confess to having grown
and sold marijuana.
112. On 29 August 1990, the Government of Mexico informed the
Special Rapporteur that, following an investigation into the death of
Jesus Manuel Martinez Ruiz, the case was referred by the Attorney-General's
Office to the competent criminal court on 17 August 1990 and proceedings were
instituted against a commander and four officers of the Judicial Police in
the State of Tabasco, who allegedly committed the offence of abuse of
authority in connection with the torture and murder of Mr. Martinez Ruiz. On
3 October 1990, the Government gave the Special Rapporteur the recommendation
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