E/CN.4/1993/26
page 88
(a)
Solly Maele Mogashoa, a teacher at Namakgale, Phalaborwa, and an
active member of the South African Democratic Teachers Union (SADTU).
According to eyewitnesses, on 13 October 1991 he was arrested and beaten by
members of the Lebowa "homeland" police based at Namakgale police station,
Phalaborwa, in Transvaal province. He was then taken to Namakgale police
station where he later died on 14 October 1991, apparently following further
beatings. A pathologist who conducted a private post-mortem examination
reported that Solly Maele Mogashoa had suffered various injuries including a
fractured skull and fractured rib, and that there were multiple bruises and
swellings on various parts of his body. The pathologist found that he died as
a result of a fractured skull, with epidural haemorrhage and shock.
Subsequently, two officers of the Lobowa police force were charged with
murder;
(b)
David Mokgalaka, a farm labourer at Lichtkraal Farm, was arrested
on 1 November 1991 by members of the South African Police stationed at Louis
Trichardt. According to reports, his hands were tied behind his back and to
his feet, and he was then assaulted by members of the police who punched him
with clenched fists, kicked him and stamped on parts of his body. He was also
assaulted with a sjambok (whip). He was later put into the police vehicle and
driven away. Later that day, two members of the South African Police arrived
at the home of David Mokgalaka and took his father and grandmother to Louis
Trichardt police station where his grandmother identified his body, which was
seen to be still bleeding from a head wound. According to the post-mortem
examination carried out by an independent pathologist, the death resulted from
a bullet wound in his head, and other bullet wounds were also found in his
chest and one of his arms. There were also bruises on various parts of his
body consistent with blows from a blunt object.
Spain
Information transmitted to the Government and replies received thereon
401. In a letter of 21 August 1992 the Special Rapporteur informed the
Government that he had received reports of cases of torture alleged to have
occurred in Spain. Replies dated 2 November 1992 were received regarding the
following cases:
(a)
David García Gómez, a student, was arrested at his home on
21 March 1992 by personnel of the national police who beat and threatened him.
The Government stated that David García Gómez had been arrested by officials
of the Bilbao police headquarters on 20 March 1992 on suspicion of being a
member of a support group of the ETA-M terrorist organization. On 22 March he
made a statement at the police station in the presence of a court appointed
lawyer. On 24 March he was placed at the disposal of examining magistrate's
court no. 1. Various judicial boards conducted medical examinations on 21, 22
and 23 March. No evidence of torture having been discovered, the judicial
authorities took no further action and decided not to initiate criminal
proceedings to establish the facts;
(b)
Mario Artola Mebdibe was detained by civil guards at his home in
Donostia on 6 January 1992. He was severely beaten, particularly on the left
leg which sustained a fracture of the tibia and fibula. The Government stated
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