E/CN.4/1998/38
page 43
Observations
213. The allegations received should be the subject of independent and
impartial investigation. The Special Rapporteur would be grateful to receive
the details and results of such investigations. As far as the imposition of
corporal punishment is concerned, he notes that the Government’s invocation of
judicial independence in the application of Shari’a (E/CN.4/1998/38/Add.1,
para. 479) does not relieve the State of Yemen from its obligation under
international law to prevent the infliction of cruel, inhuman and degrading
punishment.
Yugoslavia
214. By letter dated 9 June 1997, the Special Rapporteur advised the
Government that he had received information indicating that police personnel
in many areas of the Republic frequently resorted to the use of force for the
purpose of obtaining information or “confessions” or as a means of informal
punishment. The methods of ill-treatment and torture reported included
beatings with fists, police clubs, or other wooden or metal clubs; striking
the victim’s head against the wall, floor or automobile; and application of
electric shocks. Beatings were said to be applied typically to the head and
sensitive parts of the body, such as the soles of the feet and kidney areas.
Police inflicting beatings allegedly often placed bullet-proof vests upon
victims, so as to reduce the visible evidence of physical injury.
215. Law enforcement officers allegedly often threatened victims of abuse to
dissuade them from filing complaints about their treatment or to prompt them
to drop charges once they were filed. In some instances, police had
reportedly initiated proceedings against victims in reprisal for charges filed
against police personnel. In addition, the public prosecutors’ offices were
said frequently to fail to take action on criminal complaints against police
officers and to fail to give notice of dismissal of complaints or to meet time
limits for initiating action on the complaints. When proceedings did take
place involving charged police officers, the presence of the accused officers
in court was said to be often impossible to secure, as the court may only
request that the accused officer’s superiors secure their presence. Judicial
officials allegedly often failed to act independently, by accepting police
officers’ accounts at face value, while questioning extensively the alleged
victim. Guilty verdicts against police officers were said almost always to
result in suspended sentences.
216. The Special Rapporteur also transmitted 10 cases, one of them
collective, on behalf of 11 individuals, as well as two urgent appeals on
behalf of two groups of demonstrators. One group concerned 350 individuals.
The Government replied to 9 cases on behalf of 10 individuals.
Observations
217. The Special Rapporteur appreciates the responses of the Government.
However, several of those responses are consistent with the allegations of the
reluctance of public prosecutors to pursue charges against accused law
enforcement officials. They also confirm the applicability of short time
limits for the bringing of charges. Such limits are particularly
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