E/CN.4/1997/7
page 30
advanced purpose, namely, to elicit information, implicitly by breaking the
will of the detainees to resist yielding up the desired information. The
Special Rapporteur concurs with the view of the Special Rapporteur on the
situation of human rights in the Palestinian territories occupied since 1967,
reaffirming the position of the Committee against Torture, that “an immediate
end should be put to current interrogation practices and all victims of such
practices should be granted access to appropriate rehabilitation and
compensation measures” and that “interrogation procedures be published in full
so that they are both transparent and seen to be consistent with the standards
of the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment” (E/CN.4/1996/18, para. 36). The Special Rapporteur
appreciates the responses of the Government and is aware of the grave
challenges posed by politically motivated terrorist activities, but, as the
Government itself acknowledges, these cannot justify torture or cruel, inhuman
or degrading treatment.
Italy
122. On 10 October 1996 the Special Rapporteur informed the Government that
he had received information to the effect that persons suspected of having
committed offences under the ordinary law or during identity checks were
sometimes ill-treated by police officers when they were arrested. In most
cases this ill-treatment occurred in the street, during the arrest and the
first 24 hours of detention, and therefore before the person arrested had seen
a lawyer or had been brought before a judge. Cases were also mentioned of
police officers having brutalized persons who tried to intervene when they
were ill-treating third persons.
123. Physical violence appeared to be used as a means of punishing or
humiliating an individual, and certain forms of prejudice, particularly racial
prejudice, seemed to be a factor in this connection. Furthermore, physical
ill-treatment was allegedly accompanied in many cases by insults, particularly
racial insults when the persons concerned were immigrants or Gypsies. It was
said that the most common forms of ill-treatment were repeated slapping,
kicking, punching and beating with a truncheon.
124. The Special Rapporteur transmitted 10 individual cases, to which the
Government replied. At the Special Rapporteur's request, the Government also
provided follow-up information on a number of cases transmitted in previous
years.
Jamaica
125. By letter dated 18 December 1995 the Government replied to the letter
the Special Rapporteur had sent on 10 July 1995 regarding the conditions under
which children were held in police lock-ups in the country (see
E/CN.4/1996/35/Add.1, paras. 411-412). The Government stated that under the
provisions of the Juveniles Act, youngsters under the age of 17 may not be
detained in the same cells as adults. In practice, juveniles were sometimes
held in the same building as adults, but they were not held with adults in the
same cells, as alleged. Each police station was staffed with persons skilled
to handle juvenile matters and there existed an educational programme aimed to
inform the public of this fact and of the referral system between social
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