Communication No. 428/1990 Submitted by: Yvonne M’Boissona on 14 November 1990 Alleged victim: Her brother, François Bozize State party: Central African Republic Declared admissible: 8 July 1992 (forty-fifth session) Date of adoption of Views: 7 April 1994 (fiftieth session) 2.2 Upon his return to Bangui, Mr. Bozize was imprisoned at Camp Roux, where he allegedly suffered serious maltreatment and beatings. The author claims that her brother was not allowed access to a lawyer of his own choosing, nor to a member of his family. Allegedly, not even a doctor was allowed to see him to provide basic medical care. Furthermore, the sanitary conditions of the prison are said to be deplorable and the food allegedly consists of rotten meat mixed with sand; as a result, the weight of Mr. Bozize dropped to 40 kilograms by the summer of 1990. Subject matter: Alleged denial of the rights of a political opponent during arrest and detention and alleged violation of the right to be tried within a reasonable time Procedural issues: State party’s failure to make submission on admissibility and merits – Lack of substantiation of claim(s) Substantive issues: Right to a fair trial – Ill-treatment and torture – Treatment during imprisonment – Liberty and security of the person Articles of the Covenant: 7, 9, 10, 14 (1) (3) and 19 2.3 During the night of 10 to 11 July 1990, the prison authorities of Camp Roux reportedly stagemanaged a power failure in the sector of town where the prison is located, purportedly to incite Mr. Bozize to attempt an escape. As this practice is said to be common and invariably results in the death of the would-be escapee, Mr. Bozize did not leave his cell. The author contends that in the course of the night, her brother was brutally beaten for several hours and severely injured. This version of the events was confirmed by Mr. Bozize's lawyer, Maître Thiangaye, who was able to visit his client on 26 October 1990 and who noticed numerous traces of beatings and ascertained that Mr. Bozize had two broken ribs. The lawyer also reported that Mr. Bozize was kept shackled, that his reading material had been confiscated and that the prison guards only allowed him out of his cell twice a week. Allegedly, this treatment is known to, and condoned by, President Kolingba and the Ministers of Defence and of the Interior. Articles of the Optional Protocol: 4 (2) and 5 (2) (b) 1. The author of the communication is Yvonne M'Boissona, a citizen of the Central African Republic residing at Stains, France. She submits the communication on behalf of her brother, François Bozize, currently detained at a penitentiary at Bangui, Central African Republic. She claims that her brother is a victim of violations of his human rights by the authorities of the Central African Republic, but does not invoke any provisions of the International Covenant on Civil and Political Rights. The facts as submitted by the author 2.1 The author states that her brother was a highlevel military officer of the armed forces of the Central African Republic. On 3 March 1982, he instigated a coup d'état; after its failure, he went into exile in Benin. On 24 July 1989, the author's brother was arrested at a hotel in Cotonou, Benin, together with 11 other citizens of the Central African Republic; all were presumed members of the political opposition, the Central African Movement of National Liberation (Mouvement centrafricain de libération nationale). On 31 August 1989, Mr. Bozize and the other opposition activists were repatriated by force, allegedly with the help of a Central African Republic military commando allowed to operate within Benin; this "extradition" is said to have been negotiated between the Governments of Benin and the Central African Republic. The forced repatriation occurred without a formal extradition request having been issued by the Government of the Central African Republic. 2.4 The authorities of the Central African Republic consistently maintain that Mr. Bozize indeed attempted to escape from the prison and that he sustained injuries in the process. This is denied by the author, who points to her brother's weak physical condition in the summer of 1990 and argues that he could not possibly have climbed over the threemetre-high prison wall. 2.5 Mr. Bozize's wife, who currently resides in France, has requested the good offices of the French authorities. By a letter of 29 October 1990, the President of the National Assembly informed her that the French foreign service had ascertained that Mr. Bozize was alive and that he had been transferred to the Kassai prison at Bangui. 65