E/CN.4/1994/31
page 105
498. Regarding this case the Government replied that the allegations of
ill-treatment were false. Mr. Txabarri had been examined by a forensic
physician of the Figueras and La Bisbal Courts who certified that there
were no marks of injuries. A second medical examination was carried out
on 11 July 1993 by the forensic physician of the "Audiencia Nacional",
the results of which were not known. No member of the Civil Guard had been
charged in connection with the said allegations.
499. The Government also provided the Special Rapporteur with information
about article 520 and other articles of the Criminal Procedure Act, designed
to protect the rights of detainees. Only in the cases of organized crime was
the judge allowed, at the request of the police, to extend the duration of
detention to a maximum of five days and to order that the detainee be kept
incommunicado. Even in these cases, however, the detainee was not deprived of
legal assistance and was entitled to daily medical examinations. It was
mentioned that complaints of torture or ill-treatment were commonly filed by
members of the ETA terrorist group as a strategy to undermine the reputation
of the Forces of Order. In addition to this, the Government provided a list
of 30 officials convicted of torture in trials held since the beginning of the
1980s.
Sri Lanka
Information transmitted to the Government
500. By letter dated 3 November 1993 the Special Rapporteur advised the
Government that he had received reports according to which prisoners still
continue to be tortured and ill-treated in both military and police custody,
despite positive measures taken by the Government since 1992 in order to
improve the human rights situation in the country. These measures include,
for instance, the issuance of circulars by the security forces on arrest and
detention procedures intended to avoid abuses, as well as the establishment
of the Human Rights Task Force, a body entrusted with monitoring the
observance of the fundamental rights of detainees.
501. However, special legal provisions which differ from normal criminal
procedure are still in force and can be applied to prisoners detained under
the Emergency Regulations or the Prevention of Terrorism Act (PTA). Thus,
prisoners held under the PTA need not be brought before a judicial authority
for 90 days, and under the Emergency Regulations prisoners can be held
for 30 days before a magistrate sees them. Also, confessions made before
a police officer of the rank of assistant superintendent of police or above
are admissible in court under the Emergency Regulations, unlike under normal
criminal law, which requires confessions to be made before a magistrate in
order to protect prisoners from confessing under duress. Furthermore, under
these provisions prisoners need not be held in publicly known places of
detention and officials of various ranks are empowered to decide where
detainees can be held, without any requirement that they make these places
publicly known. According to the sources, all these elements facilitate the
practice of torture.
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