E/CN.4/1994/31
page 132
652. With respect to the safeguards against ill-treatment of persons detained
in custody for questioning, the Government informed the Special Rapporteur
that in the case of non-terrorist suspects the Police and Criminal Evidence
(Northern Ireland) Act 1989 introduced safeguards affecting police power, the
rights of persons in police detention, police discipline and complaints
against the police. It also introduced codes of practice in connection with
powers of search and seizure of property, detention, treatment, questioning
and identification. This legislation constituted a major package of reforming
legislation.
653. All interviews with terrorist suspects under arrest were also subject
to a range of statutory safeguards. Suspects under arrest were given the
right to have someone informed of their arrest, to be informed of the grounds
for their arrest and to consult a solicitor. The continued detention of a
suspect had to be reviewed periodically by a review officer unconnected
with the case. All interviews with terrorist suspects were monitored by
uniformed officers (who had no other dealing with the case) with the aid
of close-circuit television. In addition, the Government had announced
that it would appoint an independent commissioner to oversee the holding
centres.
654. The procedure for investigation of complaints was governed by the Police
(Northern Ireland) Order 1987. Complaints of ill-treatment were investigated
by RUC. The investigation might be directly supervised by the Independent
Commission for Police Complaints, if it so chose.
655. Once the investigation had been completed, a full report, together with
the views of the Deputy Chief Constable of RUC on the incident, was submitted
to the Independent Commission for Police Complaints. Depending on the outcome
of the investigation, the case might then be referred to the Director of
Public Prosecutions for Northern Ireland, who was entirely independent of
both police and government. Disciplinary charges might be brought against the
police officer or officers concerned if this was thought necessary by the
police or the Independent Commission for Police Complaints.
United Republic of Tanzania
Information transmitted to the Government
656. By letter dated 26 August 1993 the Special Rapporteur informed the
Government of reports he had received concerning Mahimbo Kaoneka, a retired
civil servant and chairman of the registered political party Chama Cha
Demokrasi, who was arrested on 19 December 1992 on Msimbazi Street,
in the city centre of Dar es Salaam. He was taken to the Msimbazi
police station where he was alleged to have been severely beaten by
several officers, who did not tell him the reason for his arrest. He was
released the following day. A doctor at the Muhimbili medical centre who
examined him on 21 December found that one of his ribs had been broken and
his right eye damaged.
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