E/CN.4/1993/26
page 87
Senegal
Information received from the Government with respect to cases included in
previous reports
395. In a reply dated 25 March 1992 the Government responded to the Special
Rapporteur's letter of 14 February 1991 concerning the cases of Bibta Niassy,
Laminé Sané, Fatima Diatta, Louis Sadio and other inhabitants of Kartiak and
Atome Manel Diatta, Viviane Sagna and other women of the Colobane district.
(See E/CN.4/1992/17, paras. 199 and 200) The Government stated: "no
Sengalese authority, judicial or otherwise, has been seized of these cases by
the supposed victims, by lawyers or even by anonymous informants ... However,
to cite only these two examples, Atome Manel Diatta and Viviane Sagna, who
were the subjects of file RP No. 19/90 and were placed in custody on
26 June 1990 after being charged by the examining magistrate, never made a
statement to this effect, despite the availability of duly appointed counsel".
396. The Government also referred to the case of Samuel Assoua Diabone,
Sékou Mary and Gabguilo Djibalène. In his letter the Special Rapporteur
stated that he had been informed that the persons mentioned had died in
consequence of torture.
397. The Government stated that the Attorney General had ordered an inquiry
into the causes of the death of Samuel Assoua Diabone. As an outcome of the
inquiry, proceedings had been initiated by the Ziguinchor examining
magistrate.
398. In the case of Sékou Mary an inquiry had been initiated but the medical
certificate referred only to superficial lesions, facial swelling and oedema
of the left elbow. The lesions were insufficient to explain Sékou Mary's
death which might have been due to some malady. No autopsy had been
undertaken and none had been requested by the parents, who had simply accepted
their daughter's body for burial. The public prosecutor had not considered it
necessary to open proceedings as on the face of things the evidence ruled out
homicide.
399. Ganguilo Djibalenè had been charged with the organization of an unlawful
association and conspiracy to undermine the authority of the State and the
integrity of the national territory. He had been taken into custody on
27 June 1990. He was admitted the same day to the special ward of the
Aristide le Dantec hospital for "an infectious syndrome resulting from
suppurating cutaneous wounds with many cutaneous abrasions". He died on
1 July 1990 and the enquiry failed to establish the cause of death. The
deceased had been arrested at Casamance and treated in hospital before his
transfer to Dakar, the seat of the competent judge.
South Africa
Information transmitted to the Government
400. By letter dated 12 November 1992 the Special Rapporteur communicated to
the Government that he had received information on the following cases of
death as a result of torture:
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