A/HRC/7/3/Add.7 page 37 51. Fermenas Kogoya, aged 37, had wounds in his face and reported that he had been beaten by the family of a girl who alleged that he had raped her on 14 November 2007. The police had taken him to the hospital first and then to the police station. 52. Beremius Wanimbo, aged 20, from Digimie Village, was arrested a few hours prior to the visit of the Special Rapporteur by members of the police pursuant to allegations of having raped a 13-year-old girl the night before and was subsequently taken to the Polres. There, he was confronted with the family of the rape victim, including the girl herself and a tribal chief. The police officers and the family proposed Mr. Wanimbo to solve the issue in a traditional, amicable way, meaning that he would be able to leave for an apology and the payment of 500,000 IDR (about 50$US) to the family. When Mr. Wanimbo denied any wrongdoing, the officers stripped him to the waist and started to beat and kick him. Mr. Wanimbu was punched several times in the face and the chest. At one point also the chief of the family gave him a strong blow on his face. The beating stopped when the Special Rapporteur arrived at the Polres. Mr. Wanimbo was about to put on his clothes when the Special Rapporteur entered the room. During the interview he was crying and shaking, and his allegations were corroborated by forensic evidence. The officer mainly responsible for the beatings was Erwin Banamasa, who admitted to it in front of the Special Rapporteur, the Chief of CID and the chief of police. 53. Subsequently the Special Rapporteur accompanied Mr. Wanimbu to the local hospital (Unit Gawat Darurat) in order to ensure that first aid would be provided and the medical evidence recorded. The doctor in charge, Dr. Prapti Dewi Suhirman, reported that the police came frequently to demand medical reports on injured detainees, but these documents were made available only to the police and not to the victim. Mr. Wanimbo received treatment at the hospital, but was later handed back to the officers of the Public Service Post, where he had been tortured earlier. 54. The Special Rapporteur returned to the Polres on 17 November, in order to follow up. He was informed and shown documents indicating that disciplinary investigations were conducted by the Department for internal investigations, PROVOS, and concluded in the course of 16 November. The officers Erwin Banamasa, Maxon Yappo, Hermanus Karubaba and Nikolas Nelson Yerisetouw received a written warning and 21 days of disciplinary detention. Erwin Banamasa, who was the highest ranking officer, was additionally excluded from any training for one year. The criminal investigations based on article 352 (ill-treatment) were still ongoing. Banamasa complained to the Special Rapporteur that the ill-treatment of Wanimbo was a “light case”, and that the proceedings against him were “exaggerated”. 55. Mr. Hermamante, aged 31, from Timin, had been detained at the Polres for 16 days and indicated that a week earlier the cells had been overcrowded with up to 32 persons in the facility. 56. The Special Rapporteur trusts that the criminal investigation in relation to the abuse of Beremius Wanimbo will be conducted in an impartial and independent manner and be concluded without further delay. He wishes to be informed about the outcome of the criminal investigation.