E/CN.4/1995/34
page 135
August 1993 on suspicion of spying and had allegedly been tortured in custody.
On 6 January 1994 the Government replied that interrogations with Mr. Mamoun
had reached the final stages and the results of the interrogations would be
evaluated in order to bring criminal charges against him. No reference was
made in the Government’s reply to the torture allegations.
Observations
707. The Special Rapporteur notes that the Government’s replies, for which
he is grateful, concern only a small number of his urgent appeals and not
the more substantial information he has transmitted. The latter tends again
to confirm the view of the Special Rapporteur charged with reporting on the
situation of human rights in the Sudan that torture continues to be
systematically practised in that country (A/49/539, para. 83).
Switzerland
Information transmitted to the Government
708. By letter dated 14 September 1994 the Special Rapporteur advised the
Government that he had received information indicating that law enforcement
officers had sometimes used deliberate and unwarranted physical violence
against persons both immediately before they had been taken into police
custody and during their first 24 hours in custody, before they had been put
at the disposal of a judge. Such incidents were reported to have occurred
most frequently in the canton of Geneva. The forms of ill-treatment alleged
included repeated slaps, kicks and punches, and heavy pressure applied to the
windpipe causing near-asphyxiation. Detainees were said to be often advised
by their lawyers not to file criminal complaints alleging ill-treatment
against officers because judicial and administrative investigation into such
complaints rarely resulted in disciplinary or criminal sanctions against
officers. Detainees indicating their intention to file a complaint were said
at times to be threatened with counter-charges of defamation or resisting
State officers.
709. The Special Rapporteur also transmitted to the Government the individual
cases summarized in the following paragraphs.
710. Sidat Sisay, a Gambian citizen in transit in January 1993 to the
United States to receive urgent medical treatment for severe back pain and
walking difficulties, was reportedly forced to strip naked and was beaten and
kicked on his back and sides by three members of the Geneva airport police who
accused him of carrying a false passport. After confirming the validity of
his travel documents, two plainclothes officers advised that he be allowed to
continue his travel the following day. However, the following day the police
and airline informed him that his flight had been cancelled and he was
reportedly placed for two days in an airport cell and put on a return flight
to The Gambia. A medical certificate issued after his return was said to have
confirmed injuries consistent with his allegations, including bruising to his
lower back and chest and damage to his right knee which aggravated his
existing medical condition.
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