E/CN.4/2000/9/Add.5
page 14
60.
The Government denied all allegations of ill-treatment (see E/CN.4/1999/61, para. 650)
directed against the military in their struggle of 15 years’ standing against the Mouvement des
forces démocratiques de Casamance (MFDC) which, according to the Government, had
allegedly perpetrated a number of atrocities. The Senegalese armed forces, on the other hand,
had always respected international humanitarian law.
61.
Concerning Sally Traoré (see E/CN.4/1999/61, para. 651), the Government indicated
that, although an investigation had been carried out, no information concerning this person had
been found in the archives of the southern military zone, and that the Aniack military camp did
not even exist at the time the events in question allegedly took place.
62.
Concerning Anquiling Diabone (see E/CN.4/2000/9, para. 914), the Government stated
that, according to army archives, he was obviously intoxicated, refused to submit to the
authorities and gave trouble when police officers tried to search him; however, it refuted
allegations of ill-treatment. The allegations made against his family were also said to be
groundless.
Spain
63.
By letter dated 14 January 2000, the Government replied, enclosing relevant
documentation, to the cases communicated to it by the Special Rapporteur in November 1999.
64.
Garikoitz Mendioroz Lizárraga (see E/CN.4/2000/9, para. 917) was arrested in Pamplona
on 12 January 1999. Assisted by a lawyer, he said that he did not wish to make a statement and
would do so only before a judicial authority; he was given medical check-ups during his
detention. On 14 January he was transferred to Madrid where, assisted by a lawyer of his choice,
he made a statement before central court No. 1 but did not allege ill-treatment; he was released
on bail the same day. Asked about his treatment during his detention he replied that it had been
correct, except on the first day when he had been beaten about the head and hooded.
65.
On 21 March 1998 the Civil Guard arrested Mikel Azurmendi Peñagarikano (ibid.,
para. 918) on suspicion of murdering the local government member of the People’s Party in
Sevilla. Since he offered resistance, his arrest involved violence; the same day he was
transferred to Madrid where, assisted by an officially-appointed lawyer, he made statements on
two occasions. On 25 March he made a statement before the judge who ordered his
imprisonment. During his detention he was given seven medical check-ups.
Azurmendi Peñagarikano is assisted by four lawyers of his choice. No allegations of
ill-treatment were made.
66.
Nekane (M. Dolores) Txapartegui Nieves (ibid., para. 919) was arrested on 9 March 1999
in Tolosa; since she resisted arrest, force had to be used in order to handcuff her. She was
transferred to Madrid on the same day. During her detention she was asked on three occasions to
make a statement with the assistance of an officially-appointed lawyer. On 13 March, assisted
by an officially-appointed lawyer, she made a statement before court No. 3, saying that she had
“not been ill-treated”. She was examined on six occasions by the forensic surgeon whose reports
indicated that he found no signs of ill-treatment or that she had been ill-treated; they did,
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