E/CN.4/1998/38
page 26
125. Persons wishing to file a complaint against the police for ill-treatment
were said be discouraged or refused permission by police to fill out the
required form, which also has to be completed by a doctor. Even when such
forms were completed, they were said to be frequently lost or removed from
case files. Many victims reportedly did not complain because prior to their
release they might have been threatened by police that they would be
rearrested or face other adverse consequences if they did so.
126. The Special Rapporteur also received reports concerning some 50 persons
from Western Province suspected of links with the alleged opposition guerilla
groups February Eighteenth Movement (FEM) or the February Eighteenth
Resistance Army (FERA), who were said to have been taken to an unknown
detention centre between January and September 1995. Detainees were allegedly
subjected to a variety of forms of torture, including many of those enumerated
above. They were reportedly held in solitary confinement in a block of
36 rooms, some 300 metres from where the torture sessions took place. It was
alleged that 12 or 13 officials dressed in suits would typically be present
during torture sessions, with the torture carried out by four persons and the
remaining officials observing and encouraging the torture. A number of
detainees were said to have been inspected by a doctor, accompanied by
three police officials, who appeared to be making a determination as to
whether the prisoners were fit for further “interrogation”. One prisoner was
reportedly not tortured for a period of one week, after a doctor in his
presence told police officials to let him rest. Most injured prisoners
examined by a doctor were given only tablets of paracetamol for their
injuries.
127. The Special Rapporteur informed the Government of newly received
allegations concerning five persons. He also requested additional information
regarding six previously transmitted cases, some of them collective, to which
the Government had replied that investigations were under way. In addition,
he retransmitted the remaining allegations to which no reply had been
received. One urgent appeal was also transmitted to the Government, on behalf
of an individual.
Observations
128. The Special Rapporteur remains concerned that the continuing flow of
allegations indicates the existence of a problem deserving serious attention,
albeit he acknowledges the firm decision of the Senior Resident Magistrate
referred to in the case described in paragraph 228 of the addendum to this
report. He draws attention to his outstanding request to visit the country.
Kuwait
129. The Special Rapporteur transmitted one urgent appeal on behalf of a
group of foreign nationals to which the Government replied.
Malaysia
130. The Special Rapporteur transmitted one urgent appeal on behalf of a
group of persons to which the Government replied.
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