E/CN.4/1991/17
page 48
146- On 26 February 1990 the Special Rapporteur sent an urgent appeal to the
Government of South Africa concerning eight persons who were arrested in
January 1990 and were reportedly being detained in police stations in or near
Pietersburg, Northern Transvaal. Their names and other details concerning
them were reported as follows: Peter Mabitsela, Donald Madisha (aged 25,
arrested on 17 January 1990 in Mahwelereng Township, Potgietersrus),
Frans Mathole (arrested on 31 January 1990), Paul Mathole (aged 21, arrested
on 31 January 1990), Joseph Manaka, Aubrey Ntsoane (aged 23, arrested on
16 January 1990), Jacob Rapholo (aged 29, arrested on 13 January 1990) and
Charles Seakamela (arrested on 19 January 1990). These persons were said to
be detained under Section 29 of the Internal Security Act, and fears were
therefore expressed that they may be at risk of torture or ill-treatment.
147. On 6 July 1990 the Special Rapporteur sent an urgent appeal to the
Government of South Africa concerning Mr. Thabiso Radebe, a member of the
Tembisa Youth Congress. He was reportedly arrested in Tembisa Hospital,
Kempton Park, Johannesburg, on 18 June 1990. His lawyer was later informed by
police that Mr. Radebe was being held under Section 29 of the Internal
Security Act. Mr. Radebe had been detained previously between 1986 and 1989,
and was attacked and injured twice recently, by unidentified people, on
27 April and 15 June 1990. Fears have been expressed that he may be in danger
of being tortured while in police custody.
148. On 18 September 1990, the Special Rapporteur sent an urgent appeal to the
Government of South Africa concerning Mr. "Mac" Maharaj, a member of the
National Executive Committee of the ANC, who was arrested on 26 July 1990 in
Johannesburg, shortly after he returned to the country under the Governmentproclaimed indemnity accorded to ANC leaders against the risk of arrest,
prosecution and detention. He was reportedly detained under section 29 of the
Internal Security Act. Mr. Maharaj had previously served 12 years in prison,
from 1964 to 1976. He was allegedly severely tortured in 1964, resulting in a
broken vertebra in the neck, a splinter in the skull and the loss of one eye.
He was released in 1976 and left the country. Reportedly Mr. Maharaj has been
seen on 12 September 1990 in the Saint Eden's Hospital in Durban, in traction
and in leg irons. According to one report Mr. Maharaj had to be hospitalized
after being subjected to torture during which his head was allegedly banged
against a wall. Fears have been expressed that, in the light of his poor
physical condition and the renewed allegations of torture or ill-treatment,
Mr. Maharaj's life may be in danger.
149. On 16 November 1990, the Special Rapporteur sent an urgent appeal to the
Government of South Africa concerning Mangel Panchia, Kaelo Maropefela,
Silas Mbipa and Mandla Mgwetjane, who were arrested on 12 or 13 November 1990
in the Mafeking area, Bophuthatswana. According to the source cases of
assault against detainees by the Bophuthatswana security police have been
frequently reported and fears have therefore been expressed that the
above-mentioned persons might be tortured while in detention.
Spain
Letters and Government replies
150. On 13 March 1990, the Government of Spain sent the Special Rapporteur a
reply to his letter of 14 November 1989 (E/CN.4/1990/17, para. 138) containing
the following information: "The detention of Jose Askasibar Aperribai took
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