E/GN.4/1992/17
page 97
(a) Ismet Sopi: on 12 June 1990 two police officers beat him with
batons on his back, neck and hands. Reportedly, Ismet Sopi could hardly walk
afterwards, and suffered severe bruising;
(b) Xhevat Sadika, aged 38, owner of a shop in Gnjilane, was allegedly
beaten by police on 23 July 1990 and had to stay in hospital until 28 July.
A medical certificate from the surgical clinic of Pristina Medical Faculty
stated that he had been admitted urgently to the clinic for treatment of
injuries caused by beating;
(c) Prof. Alush Gashi, the former Dean of the Medical Faculty of the
University of Pristina: on 26 October 1990 he was allegedly beaten by police
officers.
Urgent appeals and Government replies
266. On 15 May 1991 the Special Rapporteur sent an urgent appeal to the
Government of Zaire concerning Essolomwa Ea Linganga, publisher and director
of the daily newspaper Elima. According to the source, Mr. Essolomwa had been
arrested on 11 May 1991 by several agents of the security forces and policemen
in civilian clothes, in front of the building where the Government Prosecutor
has his office at Kinshasa, and had been taken to an unknown destination.
Mr. Essolomwa had been tortured during a previous period of detention, and
fears were expressed that he might again be tortured or ill-treated.
267. On 20 May 1991 the Government of Zaire sent the Special Rapporteur a
report prepared by the Government Prosecutor concerning Mr. Essolomwa. The
report contains a detailed description of the offences he is alleged to have
committed and of his being taken into custody and charged. According to the
report, before the Appeal Court Mr. Essolomwa was defended by 10 lawyers, none
of whom raised the question of ill-treatment of their client, who was duly
present at all the hearings. In accordance with the law, Mr. Essolomwa was
the subject of an arrest warrant, which was executed on his leaving the Appeal
Court hearing on 11 May 1991, and he was brought before an official of the
Department of Public Prosecutions in connection with the publication of false
rumours. After spending the weekend of 11 and 12 May 1991 in Makala prison,
he was heard by a judicial officer on 13 May and charged with publishing false
rumours liable to spread alarm or to incite revolt against the authorities,
and a new file was opened. At no time was he tortured, and his newspaper was
never seized. From prison he continued to sign articles, which were regularly
published by his newspaper, and in which, among other things, he reported
certain facts that he said he had observed in the prison. The Government of
Zaire stated that at the time the information was sent (20 May 1991)
Mr. Essolomwa had been released on bail.
Letters
268. On 6 August 1991, the Special Rapporteur sent a letter to the Government
of Zaire transmitting information concerning alleged torture and very harsh
conditions of detention at the Makala central prison in Kinshasa. The
inmates, it was said, were obliged to sleep on the floor and suffered from
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