E/CN.4/1997/7
page 41
Senegal
179. The Special Rapporteur informed the Government that he had received
reports indicating that members of the police deliberately resorted to
physical violence in the hours or days that followed the arrest of persons.
It appeared that their purpose was to obtain confessions, and that the victims
were both ordinary law detainees as well as political detainees, particularly
those accused in connection with the conflict in Casamance.
180. It would appear that several gendarmes and police officers were arrested
at Dakar during 1995 as a result of complaints of torture and ill-treatment.
In general, however, the authorities allegedly showed very little zeal in
opening an inquiry and impunity was widespread in the absence of an exhaustive
investigation. Moreover, it was said that allegations of torture were not
investigated and that confessions obtained in that way were taken into account
in convicting the accused. These practices were allegedly facilitated by the
existence of a procedure under which suspects could be held in custody
incommunicado for a maximum period of four days. In the case of acts
involving State security, the period of initial detention incommunicado could
be extended to eight days. It was said that even this period was in some
cases once again extended illegally. It was during the period of detention
incommunicado, when the suspect had access neither to a lawyer nor sometimes
to a doctor, that the great majority of cases of ill-treatment occurred.
181. In addition to the above the Special Rapporteur transmitted four
individual as well as one collective case. He also retransmitted one case
updated with additional information received from the sources.
Slovakia
182. The Special Rapporteur transmitted one case, to which the Government
provided a reply.
Spain
183. The Special Rapporteur informed the Government that he had received
reports indicating that the manner in which forensic physicians carried out
examinations of detainees was sometimes irregular. It was reported that these
examinations were frequently superficial, did not take due account of the
individual's physical and mental condition, and were not always carried out in
private, i.e. without the presence of police officers. In addition, cases had
occurred in which these physicians' reports had contradicted reports prepared
by other physicians whom the detainees had consulted on their own initiative.
The reports on Spain prepared by the European Committee for the Prevention of
Torture were said to contain examples of this situation, on which the
Committee had issued recommendations.
184. In addition to the above the Special Rapporteur transmitted two newly
reported cases and asked the Government for further information regarding four
others. The Government replied to all of them.
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