E/CN.4/1990/17
page 41
Saudi-Jordanian frontier. It was alleged that torture was being
Bystematically practised against detainees in the Mabahith Al-Aroa prison in
Al-Dammaro, particularly during their first week of detention.
Somalia
131. On 26 January 1989 the Special Rapporteur sent an urgent appeal to the
Government of Somalia concerning information alleging that Mr. Abukar Hassan
Yare, arrested on or about 6 January 1989 for being in possession of Amnesty
International material, was believed to be held in the Regional National
Security Service headquarters in Mogadishu. It waB alleged that he was
detained incommunicado without being charged and that he may be subjected to
torture or ill-treatment in custody.
South Africa
132. On 5 July 1989 the Special Rapporteur sent an urgent appeal to the
Government of South Africa concerning information alleging that at least
12 school students under the age of 18 were being held without charge under
State of Emergency Regulations. Their names, ages and places of residence
were reported as follows: Philip Khanvile, 16, Pietermaritzburg; Petrus
Labasi, 16, Soweto; Jacob Mabilo, 16, Soweto; Isaac Matsipe, 16, Soweto;
Thokozami Mchunu, 17, Pietermaritzburg; April Mohau, 17, Potchefstroom;
Sipho Mngomezulu, 17, Pietermaritzburg; Marcus Murubani, 17, Soweto;
Basil Ntungane, 17, Cape Town; Christopher Theletsani, 16, Soweto;
Aubrey Sipho Zuma, 16, Pietermaritzburg; Bafana Zwane, 16, Soweto. In
addition, five students aged 16 and 17 from Soweto, and four of the same age
from Pietermaritzburg, Natal, were also being held.
133. It was reported that between 80 and 90 per cent of children detained
under State of Emergency Regulations over the past five years had alleged
having been tortured in detention. It was further reported that at Iea6t
nine youths, aged between 13 and 20, had died in police custody between 1984
and early 1988.
134. On 27 September 1989 the Government of South Africa informed the Special
Rapporteur that the 12 juveniles had indeed been detained at that time under
the State of Emergency arising from violence perpetrated in the
Pietermaritzburg area. They had subsequently been released. The South
African Ministry of Law and Order rejected allegations contained in the second
part of the appeal as false and malicious. It was prepared to investigate any
substantiated allegations of that nature, but no facts had been produced by
anyone alleging such torture and deaths.
135. On 19 July 1989 the Special Rapporteur addressed a letter to the
Government of South Africa transmitting information concerning a 21-year-old
student named Exodus Gugulethu Nyakane, of Wattville, who appeared in court in
March 1989 in connection with the inquest into the death in custody of student
leader Caiphus Nyoka. Mr. Nyakane made an affidavit in which he alleged that,
following the killing of Caiphus Nyoka, he was taken, together with two other
students named Elson and Excellent, to the Daveyton police station, where he
was tortured by a white policeman. The torture consisted of burning hair at
the back of his head and pouring boiling water down his back. Torture and
ill-treatment reportedly continued the next day when Mr. Nyakane was allegedly
shut in a locker and subjected to tear-gas fumes which almost suffocated him.
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