E/CN.4/1995/34
page 94
forward by Mr. Manríquez, the High Court of Justice of the Federal District
decided to declare the case inadmissible on the grounds that it did not
correspond to any of the hypotheses envisaged by article 614 of the Code of
Penal Procedure.
Urgent appeals
484. On 31 January 1994 the Special Rapporteur transmitted an urgent
appeal on behalf of Severiano Santiz Gómez, Sebasatián Santiz López and
Hermelindo Santiz Gómez, members of the Tzeltal indigenous community of
Morelia, Altamirano Chiapas, arrested on 7 January 1994 by the army and
allegedly ill-treated. Thirty-one other persons were arrested during the same
incident and were said to have suffered beatings and burns. In his letter
of 29 March, the Special Rapporteur advised the Government that he had
received further information indicating that the above-named persons’ bodies
had been found on 11 February 1994 and that at the time of their arrest they
were brutally tortured in the presence of witnesses.
485. The Special Rapporteur transmitted another urgent appeal to the
Government on 5 July 1994 on behalf of Maria Teresa Méndez Sántiz,
Cristina Méndez Sántiz, aged 18, and María Méndez Sántiz, members of the
indigenous community of Tzeltal Altamirano, Chiapas, who were reportedly
detained on 4 June 1994 by members of the army between the localities of
Santa Rosita Sibaquil and Altamirano. They were allegedly tortured and raped
by about 30 soldiers who tried to force them to confess to participation in
the EZLN. A medical examination subsequently corroborated the rape
allegations.
Observations
486. The Special Rapporteur is concerned at the continuance of "an extremely
large number of acts of torture of all kinds" (Committee against Torture,
A/48/44, para. 228; see also the comments of the Human Rights Committee,
A/49/40, para. 172). He is also disappointed by the limited results of the
recently established National Human Rights Commission. In one of the few
instances where it has made a clear finding, the responsible legal bodies have
contrived to deny a remedy to Manuel Manríquez San Augustín, whose case is
described above (para. 483) and in previous reports (E/CN.4/1994/31,
para. 385).
Mozambique
Information transmitted to the Government
487. By letter dated 5 August 1994 the Special Rapporteur advised the
Government that he had received information indicating that suspects held at
police stations were routinely kicked, severely beaten, or flogged with a whip
known as chamboco. Although the law requires suspects to be delivered
promptly to the criminal investigation of the Policia da República de
Moçambique (PRM) and to be brought before a judge within 48 hours, the
procedures were said often to be disregarded.
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