E/CN.4/1998/38
page 21
counter-insurgency operations with a view to bringing such practices into line
with international standards is the minimum measure that should be undertaken
by the Government as a matter of urgency.
Georgia
98.
In a letter of 5 February 1997, the Special Rapporteur informed the
Government that he had received reports indicating that most persons detained
for political reasons and some persons detained in ordinary criminal cases in
Georgia were subjected to torture or other ill-treatment during detention and
interrogation. Torture and ill-treatment were reportedly used to obtain
"confessions" or extract other information from detainees. The methods of
torture and ill-treatment reported included hanging upside down; scalding with
hot water; extraction of fingernails or toenails; application of electric
shocks; systematic beating, sometimes resulting in fractured bones or broken
teeth; and issuing of threats that members of the detainee’s family would be
killed or tortured. Courts were said generally to refuse to exclude evidence,
including "confessions", repudiated by defendants as having been obtained
through torture, and to fail to investigate such claims of torture.
99.
Conditions in prisons and detention centres in the country were
reportedly abusive. Prisons were said to be severely overcrowded and
unsanitary, with contagious diseases such as tuberculosis and dysentery
widespread. Detainees also reportedly lacked adequate food and medical
treatment.
100. The Special Rapporteur also transmitted allegations concerning seven
persons.
Observations
101. The Special Rapporteur notes the concerns of the Committee against
Torture as regards the “volume of complaints of torture, particularly related
to the extraction of confessions ..., the failure to investigate claims of
torture and to prosecute alleged offenders ... (and) to make proper provision
for compensation, restitution and rehabilitation of victims of torture ... the
grossly inadequate conditions in places of detention, including prisons ...
(and) the alarming number of deaths in prison” (A/52/44, para. 120). He also
stresses the Committee’s recommendations, in particular, that proposing
abolition of incommunicado detention. He also notes the similar concerns
expressed by the Human Rights Committee (A/52/40, paras. 240-243) and its
recommendations (paras. 253-255).
Germany
102. By letter dated 17 November 1997, the Special Rapporteur advised the
Government that he had continued to receive allegations indicating that a
number of persons had been subjected to disproportionate or unnecessary force
while police officers were trying to restrain or arrest them, or to
ill-treatment in police custody. Victims were said to include mostly
foreigners, including asylum seekers, or members of ethnic minorities.
Beating, kicking and punching were the most reported forms of ill-treatment.
Criminal investigations were known to have been instituted, but their
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents