E/CN.4/1995/34
page 15
programme. The forms of abuse included beatings on the soles of the feet, wet
bags over the head to simulate suffocation, enforced sitting or standing in
one position for hours and at least one case of rape.
57.
By the same letter the Special Rapporteur reminded the Government of
a number of cases transmitted in 1993 regarding which no reply had been
received.
Belgium
Urgent appeals transmitted and replies received
58.
The Special Rapporteur sent an urgent appeal to the Government
on 18 March 1994 concerning two Zairian nationals who were under medical and
psychotherapeutic treatment in Belgium and had received or were about to
receive orders to leave the country. Mrs. Annette Eyambo was reportedly
arrested on 16 April 1992 after having taken part in a working women’s march
in Kinshasa. She was allegedly beaten, then imprisoned and severely tortured
and raped. After two weeks she escaped and a few months later arrived in
Belgium. Mrs. Manni Ifeka was reportedly arrested in Kinshasa on
16 February 1992 while participating in a Christians for Peace march. She
spent eight months in detention, during which time she was severely tortured
and raped, as a result of which she became pregnant. Fears were expressed
that the two women would be in danger of arrest and torture if they were sent
back to their country of origin.
59.
On 9 August 1994 the Government replied that refugee status in Belgium
was granted to asylum seekers who met the requirements set forth in
article 1 (2) of the Convention relating to the Status of Refugees. As a
general matter, when doubt existed in the case of an asylum seeker, refugee
status was usually granted. In the case of Ifeka Mesongolo Mamie, the
Commissioner General making a decision on the merits of her asyum claim
transmitted an unfavourable opinion based on a number of factors: that a
person claiming to have been imprisoned for seven months should be able to
describe the place of imprisonment; that someone participating in a political
demonstration should be able to give reasons for doing so; and that reason
existed to believe that Ifeka Mamie was in fact a person of another name born
in Belgium, not Zaire. As to the case of Eyambe Lomani, the Commissioner
General transmitted an unfavourable opinion based on inconsistencies and lack
of truthfulness in her story, including her placing the demonstration two
months after it took place.
60.
The Government also stated that it did not deny that the two women had
been the victims of sexual abuse, but that the conditions under which that
abuse had occurred did not make it possible to grant them asylum status. For
compelling reasons such as state of health and the need to continue treatment
in Belgium, the order to leave the territory issued to Mrs. Lomani was
extended for six months.
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