E/CN.4/1993/26
page 99
investigating the original offence. Even when the investigating judge orders
a medical examination, this is not necessarily or usually carried out
immediately.
439. The Government observed in a letter of 19 November 1992 to the Special
Rapporteur that the allegations of ill-treatment transmitted on 21 August 1992
were not recent and went back to 1990-1991. They echoed part of a report
Amnesty International had sent to the United Nations Centre for Human Rights
to which the Government had responded in a detailed memorandum transmitted on
10 July 1992. In 1990-1991 extremists had stirred up disorder and tried to
destabilize the country by means of organized violence. The instigators and
authors of the disorders had been brought to trial in open court in
August 1992. Following allegations of maltreatment a commission of inquiry
consisting of independent personalities and representatives of NGOs concerned
with the protection of human rights had been set up on the initiative of the
President of the Republic. The commission, known as the Driss Commission, had
made an exhaustive investigation of the allegations of ill-treatment. It had
interviewed the persons concerned and their families, visited places of
detention, examined records of persons in police custody and other relevant
documents and had reported to the President in October 1991. The report,
whose conclusions and recommendations have been published, found that some
abuses had been committed and were the outcome of individual, isolated action
contrary to State policy and the President's instructions. Following
publication of the report administrative action was taken against some law
enforcement officials, who were also subject to court proceedings under the
legislation in force.
440. In addition, on the President's instructions assistance of an essentially
social and humanitarian character was provided by the authorities to the
victims and their families. This included the award of a grant and
substantial pension, without prejudice to any compensation the courts might
order. A second report following up the findings and recommendations of the
Driss Commission's report was completed in July 1941 and published on the
initiative of the President.
Individual cases transmitted to the Government
441. Abdellatif Tlili was arrested on 21 November 1990 in Ariana and
reportedly kept incommunicado for 42 days at the Ministry of the Interior.
He was severely beaten while held in the "roast chicken" position. He also
faced sexual abuse and underwent a mock execution.
442. Salah Hedri was arrested on 23 April 1991.
the feet and beaten on his feet and knees.
He was allegedly suspended by
443. Abdelkhaliq Alaoui was arrested in March 1991 at Ksour by the National
Guard and held incommunicado for some days. He was then taken to the hospital
where he was visited by a friend who saw his body covered with bruises.
444. Hamide ben Lazhar al-Said was arrested on 3 October 1991.
During his
detention he was made to sit on a bottle and needed 26 stiches in his rectum.
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