E/CN.4/1995/34
page 87
up to 10 days at a time. During such periods of incommunicado detention,
incidents of torture or ill-treatment were reported to occur. Beatings,
including falaqa (beatings on the soles of the feet), were said to be
administered in an underground corridor known as Saha, within GID headquarters
in Amman.
454. Persons detained in non-political cases by the Public Security
Directorate (PSD) were said commonly to undergo torture or ill-treatment, but
such incidents were generally not properly investigated. In one reported
incident, Ahmad Mustafa was allegedly beaten in PSD custody in Ma’an in
February 1993. He was reportedly hospitalized as a result of the beatings,
but a request for an investigation and compensation by his lawyer was said to
have gone unanswered.
455. On 21 November 1994 the Government informed the Special Rapporteur that
nothing that would contravene its international or national legal commitments
had occurred in GID prisons. An individual questioned by the General Attorney
is legally entitled to have a defence lawyer present during the entire
investigative process. If, however, the General Attorney deems that the
investigation has to be expedited for fear that evidence might disappear or
that communication may make it possible for partners of the suspect to escape,
he may exceptionally proceed without the lawyer’s presence. The Government
also stated that the allegations regarding the existence of places where
torture takes place as well as the means and instruments of the alleged
torture were totally unfounded.
Kenya
Information transmitted to the Government
456. By letter dated 21 July 1994 the Special Rapporteur informed the
Government that he had received allegations of torture or ill-treatment in the
individual cases described in the following paragraphs.
457. David Njenga Ngugi was arrested with five other persons and charged with
robbery. He allegedly suffered torture to his genitalia and feet and was
thereafter denied medical treatment. The Nairobi Chief Magistrate was said to
have ordered that the six defendants receive medical attention from their own
doctors while on remand, but it was unknown whether they had received such
treatment.
458. Thomas Njoroge and Stephen Maina were arrested in early November 1993 at
Namanga, near the border with the United Republic of Tanzania. They were
allegedly tortured during a week-long detention in Criminal Investigation
Department custody and were later denied medical treatment at Kamiti prison in
Nairobi.
459. Ephran Muchiri Muhoro, Jimmy James Waigwa, and Samuel Mwangi Kariuki
were among a group of persons arrested in Nakuru in November 1993 and
subsequently tried for armed robbery. They were said to have been tortured in
police custody and to have required medical attention. According to the
allegations, Ephran Muchiri Muhoro suffered a ruptured bladder and a fractured
leg, Jimmy James Waigwa suffered a burst eardrum and loss of hearing, and
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