E/CN.4/1995/34
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request of his counsel and in his official report the appointed doctor
described Mr. Sy as being in good general health but noted the presence of
"scars of grazes on the anterior sides of the forearms and legs" and referred
to abdominal pains accompanied by hiccups for which he had already examined
him twice since the commencement of his detention. When the abdominal
symptoms recurred on 1 June 1993, Mody Sy was prescribed treatment and had a
fibroscopy on 21 June 1993 and an X-ray of his lower back region on 14 July,
the results being satisfactory. After an examining magistrate on 22 July 1993
ordered Mr. Sy to undergo a full examination, the doctor informed the
magistrate that Mr. Sy had refused to undergo such an examination. In the
case of Miss Ramata Guèye, a certificate supporting her allegations had not
yet been produced before any authority. The procurator general to the court
of appeal did not receive a complaint by Mr. Mody Sy’s lawyers until
30 July 1993. This complaint gave rise to an immediate inquiry, whose
findings were reflected in a report of 4 August 1993 of the Deputy Senior
Commander of the National Gendarmerie, Under-Director of Military Justice.
All of the police officers participating in the investigation of the
assassination were questioned, including those who had been charged by Mr. Sy
and Miss Guèye, with the exception of a certain senior sergeant who was
unknown in the Western Legion of the Dakar gendarmerie. The inquiry produced
no result, apart from charges by some and denials by others, and a search of
the entire premises of the Thiong gendarmerie had proved fruitless.
South Africa
Urgent appeals
633. The Special Rapporteur sent five urgent appeals to the Government on
behalf of the people mentioned below. The dates on which the appeals were
transmitted appear in parenthesis at the end of the corresponding summaries.
634. Johannes Setlae, an African National Congress (ANC) committee member
in Mogogoe village, near Mafikeng, was detained on 12 January 1994 after
police broke up a voter education meeting of about 100 people organized by
members of the local ANC youth league. The local President of the youth
league, Ofentse Kogotsitse, Johannes Setlae, and two other organizers of the
meeting, at Ofentse’s home near the meeting place, were ordered to "disperse"
but Ofentse argued that he was, in fact, at his home. The police then
reportedly attempted to assault the four men. When Ofentse’s mother tried to
intervene, one policeman allegedly hit her and she fell down, so prompting
Johannes Setlae to throw an empty bottle at the police which struck one of the
officers. The police reportedly then assaulted Johannes Setlae with blows
from fists and open hands, booted feet, and sjamboks (whips), and arrested
him. He was believed to be held incommunicado at Mmabatho police station and
fears were expressed that he would be denied proper medical care for his
injuries and be further subjected to ill-treatment.
635. Information was also received with regard to the following persons
arrested: Theo Mabusela, Chairperson of the Pan Africanist Congress of Azania
(PAC), Western Cape Region; Michael Siyolo, PAC organizer, Western Cape
Region; Mncebesi Leonard Naso; Zola Prince Mabala; Richard Dala, PAC Executive
member, Western Cape Region; Konzaphi and Rhanugu. According to the reports,
Michael Siyolo and Theo Mabusela were arrested in Cape Town on 3 January 1994
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