E/CN.4/1991/17
page 80
252. The Special Rapporteur could meet privately with some 30 persons, former
detainees or persons still under detention, who alleged they had been
tortured. Most of these persons feared that their safety, or that of their
relatives, could be in danger if their names are revealed. Their statements
can therefore not be described in detail. Nevertheless, a certain pattern
appeared in most of the statements given by these persons.
253. The majority of the detainees and ex-detainees interviewed by the Special
Rapporteur contended that they had been held incommunicado for a period which
was considerably longer than the 36 hours allowed by law (in some cases even
up to two weeks). Nor had they been allowed to see a lawyer during this
period. They alleged that in particular during this period of unacknowledged
detention they had been subjected to torture.
254. Torture, was mainly used in order to obtain information on insurgents,
their activities and movements, links with organizations or persons which are
already suspected, etc.
255. The types of torture most often reported include excessive beating or
kicking, placing of a plastic bag over the head leading to near suffocation
(called "dry submarine"), the pouring of water in the nose while the mouth is
propped with a cloth, leading to near drowning and suffocation (called the
"watercure"), the applications of electro-shocks to sensitive parts of the
body, death threats and mock executions. Almost invariably the victims are
blindfolded or hooded when subjected to torture. Torture (mainly beating) is
allegedly practised during transport immediately after arrest as well as
during interrogations in places of detention.
256. A considerable number of interviewees had not filed a complaint either
with the Commission on Human Rights or with another authority. The
explanations given varied: in most cases it was felt that such a complaint
would either be dismissed or would lead to nothing since it was impossible to
identify the perpetrators because of the blindfolding and the absence of
witnesses. In other cases it was also feared that the bringing of a complaint
might lead to further harassment. Some interviewees complained about the fact
that although they had asked for medical treatment, this was either withheld
or the medical examination by medical prison-staff was superficial.
257. In some cases persons had been released without any charge after
reportedly having been subjected to torture; in nearly all other cases the
torture stopped when the persons concerned were charged and arraigned and
transferred to detention centres where they awaited their trial.
258. One of the ex-detainees interviewed by the Special Rapporteur who
accepted that his identity be revealed, is Rosito Nino. His case, as
described below, may be seen as illustrative of the allegations made by the
other ex-detainees during their meetings with the Special Rapporteur.
Rosito Nino was arrested without a warrant in November 1987. No subversive
documents were found when his home was searched but when he was brought before
a judge the military produced such material which, he alleged, was probably
planted by them. He alleged having been tortured for three consecutive
nights, three hours every night, by being stripped naked, with his hands tied
behind his back, having electric shocks applied to his genitals, and being
beaten. When he lost consciousness he could finally rest, but soon after he
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