E/CN.4/2001/66/Add.1
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94.
NGOs indicated that victims were very often afraid of making their complaints public
before their trials took place since they feared repercussions. As noted earlier, the
Special Rapporteur witnessed on several occasions the reluctance or refusal of detainees to make
their allegations public, even if they had already been convicted, for fear of reprisals. Many
alleged victims, as well as lawyers and NGOs, also expressed their lack of confidence that those
officially charged with investigating complaints would act promptly and impartially if
allegations of torture were made. Furthermore, they believed that no effective sanction would be
taken against those found responsible in any case.
95.
With respect to complaints procedures, the Minister of Internal Affairs said that
between 1997 and 1999, 361 police officers had been seriously punished for (in numerical order)
ill-treatment, illegal detention, unsubstantiated opening of a criminal procedure and illegal search
of premises. Most were said to have been demoted, 47 were dismissed and 31 were charged
under criminal law. According to the Minister, the disciplinary measures taken by his services
were considered by the alleged victims as sufficient, since he pointed out that in 1999
only 25 complaints had been forwarded by international NGOs regarding insufficient
disciplinary measure. He noted that cases presented by Amnesty International had been the
subject of repeated investigation and that 16 additional disciplinary measures had been imposed
as a result. In 1999, 30 police officers were subjected to disciplinary measures, while 6 were
dismissed and 2 were criminally prosecuted.10
96.
The Minister of Internal Affairs informed the Special Rapporteur that a department for
internal investigation had recently been created within his Ministry. This department, which is
composed of 30 officers, must immediately investigate police personnel reported by any
individuals, mass media or NGOs to have infringed the rights of persons in their custody.11
On 4 March 2000, he had issued the “Order on Additional Measures to Ensure Legality
among the Personnel” to that effect. If sufficient evidence is obtained to open a criminal
case, the file must be forwarded to the prosecutor’s office for consideration. Otherwise,
disciplinary/administrative sanctions such as demotion and ordinary reprimands should be
imposed. He also pointed to the recent creation within his Ministry of a personnel department in
charge of training and other educational activities. A number of officers were thus dispatched to
the various district police headquarters to train police officers, especially in the field of respect
for human rights. The Police Academy was also to have incorporated such discipline in its
curriculum.
97.
The head of the Department to Combat Organized Crime informed the
Special Rapporteur that in 1999 three of his officers had received a reprimand or were reassigned
to a lower position for having detained a suspect for a period of time exceeding the legal
provision and one for having undertaken an unlawful search. No case of ill-treatment had been
reported in 1999 and the first quarter of 2000.
98.
The Chairperson of the Supreme Court informed the Special Rapporteur that the Plenary
of the Supreme Court had recently addressed issues relevant to his mandate in a resolution which
had been transmitted to all courts. In particular, the court requested all judges to verify the
legality and the conditions of the detention of any person brought before them, even if no
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