E/CN.4/1998/38 page 43 Observations 213. The allegations received should be the subject of independent and impartial investigation. The Special Rapporteur would be grateful to receive the details and results of such investigations. As far as the imposition of corporal punishment is concerned, he notes that the Government’s invocation of judicial independence in the application of Shari’a (E/CN.4/1998/38/Add.1, para. 479) does not relieve the State of Yemen from its obligation under international law to prevent the infliction of cruel, inhuman and degrading punishment. Yugoslavia 214. By letter dated 9 June 1997, the Special Rapporteur advised the Government that he had received information indicating that police personnel in many areas of the Republic frequently resorted to the use of force for the purpose of obtaining information or “confessions” or as a means of informal punishment. The methods of ill-treatment and torture reported included beatings with fists, police clubs, or other wooden or metal clubs; striking the victim’s head against the wall, floor or automobile; and application of electric shocks. Beatings were said to be applied typically to the head and sensitive parts of the body, such as the soles of the feet and kidney areas. Police inflicting beatings allegedly often placed bullet-proof vests upon victims, so as to reduce the visible evidence of physical injury. 215. Law enforcement officers allegedly often threatened victims of abuse to dissuade them from filing complaints about their treatment or to prompt them to drop charges once they were filed. In some instances, police had reportedly initiated proceedings against victims in reprisal for charges filed against police personnel. In addition, the public prosecutors’ offices were said frequently to fail to take action on criminal complaints against police officers and to fail to give notice of dismissal of complaints or to meet time limits for initiating action on the complaints. When proceedings did take place involving charged police officers, the presence of the accused officers in court was said to be often impossible to secure, as the court may only request that the accused officer’s superiors secure their presence. Judicial officials allegedly often failed to act independently, by accepting police officers’ accounts at face value, while questioning extensively the alleged victim. Guilty verdicts against police officers were said almost always to result in suspended sentences. 216. The Special Rapporteur also transmitted 10 cases, one of them collective, on behalf of 11 individuals, as well as two urgent appeals on behalf of two groups of demonstrators. One group concerned 350 individuals. The Government replied to 9 cases on behalf of 10 individuals. Observations 217. The Special Rapporteur appreciates the responses of the Government. However, several of those responses are consistent with the allegations of the reluctance of public prosecutors to pursue charges against accused law enforcement officials. They also confirm the applicability of short time limits for the bringing of charges. Such limits are particularly

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