E/CN.4/1995/34
page 76
Julino Ximenes, Agusto da Conçeiçao, Manuel Luis Ribeiro, Gaspar Fransisco,
Hugo Jose Conçalves de Jesús, Mateus dos Santos, Jose Fransico dos Santos,
Luis da Costa Conçeiçao, Antonio Martinho da Costa Lopes, Luis Neto Fraga,
Cornelio da Costa Martins, Mariano Sabino, Adelino Eco Soares, Alfredo de
Meneses dos Santos, Francisco Rolando, Fransico Borja C. Soares, Julio Amilcar
Caitano, Jose Carlos Smith, Jose Angelo da Cruz Soares, Longuinhos Maia
dos Santos, Jose M. Soares Costa, Frederico Cabral, Aderito dos Santos,
Oscar da Silva, Saturnino Lopez Sarmento, Abrao Marino, Joaquim Sarmento,
Domingos Tilman, Jose Jaime da Silva, Arlindo Diaz, Jose Fernando,
Antonio Menezes, Carlos da Silva Lopez, Victor Lavarez, Domingos Sarmento,
Jorge Joao Lay, Julio de C. Ribeiro, Arsenio, Mario Soriano, Antonio Ramos,
Helder Pirez, Arlindo Fernandes. They were reportedly being kept in detention
in various Javanese cities (28 November 1994).
399. On 1 December 1994 the Government replied that none of the 81 named
persons was ever detained by the law enforcement authorities of the
Government of Indonesia. Twenty-two of the named persons had remained in
the United States embassy compound from 12 to 24 November and had then
departed for Portugal. The remaining names were either of non-existent
persons or persons who had participated in the demonstration in front of the
United States embassy but had not been taken into custody.
Information received from the Government on cases included in previous reports
400. On 2 February 1994 the Government transmitted to the Special Rapporteur
information of the case of Rui "Los Palos", on behalf of whom the
Special Rapporteur had sent an urgent appeal on 27 May 1993. According to
the information Rui "Los Palos", whose real name is Rui Antonio da Cruz, was
arrested at his parents’ home in Mahena, East Timor on 14 May 1993 on
suspicion of involvement in a clandestine movement. He was not treated as a
detainee and while being questioned his physical and mental integrity were
protected. He was visited on 31 July 1993 by the ICRC and was participating
in a rehabilitation programme in Dili.
Observations
401. The Special Rapporteur appreciates the replies received from the
Government in respect of his urgent appeals, but notes the absence of replies
to information transmitted to the Government over the past two years. In
addition, the Special Rapporteur has sought in 1993 and 1994 an invitation to
conduct a visit to the country as follow-up to that conducted by his
predecessor in 1991 to Indonesia and East Timor. He has also sought
information on measures taken in connection with the recommendations contained
in the previous report (E/CN.4/1994/31, para. 342). He has received no reply
in respect of either matter. In the light of the allegations received and the
absence of the responses sought from the Government, the Special Rapporteur
feels it appropriate to remind the Commission of the statement made in the
report of the 1991 visit, namely, that "the Special Rapporteur cannot avoid
the conclusion that torture occurs in Indonesia, in particular in cases which
are considered to endanger the security of the State" (E/CN.4/1992/17/Add.1,
para. 73).
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