AMNESTYINTERNATIONALNEWSLETTER I I : • " t : • I

TUNISIA

Prosecution asks for death penalty inunfair trials of Islamic activists

IN

two concurrent trials inAugust, a total of 279 mem-bers and alleged members

of the illegal Islamic move-ment al-Nahda (Renaissance)were tried before theBouchoucha and BabSaadoun Military Tribunals inTunis on charges of plotting tooverthrow the TunisianGovernment. Most of thedefendants were tortured incustody, and both trials weremarked by gross violations offair trial standards. The pro-secution has asked for at least28 death sentences.

Both trials were attended byAl observers, who noted thatthe evidence against the 279defendants consisted solely ofuncorroborated confessions ap-parently extracted under torture.At least three people arrested inconnection with the alleged plotwere tortured to death in 1991.During the trials, virtually everydefendant testified to weeksor months of torture during in-communicado detention. Someof the defendants had been sobadly tortured that they were un-able to walk into the courtroomunassisted.

Most of the 171 defendantsbefore the Bouchoucha Court re-tracted the confessions they saidthey had made under torture orthreat of torture, and only one wit-ness for the prosecution wascalled. Under examination, thewitness broke down in tears andwas withdrawn after he deniedthat the defendants had met todiscuss a plot.

Many of the accused had nolawyers, while others were pro-vided with lawyers appointed bythe Bar Association, most ofwhom had no experience of majorpolitical or criminal trials. Law-yers received the case files onlydays before the trial and many ofthem were denied access to theirclients. After the trial started,lawyers were allowed to consultwith their clients for a few

minutes, but their meetings werewatched over by military police-men; one lawyer said she was re-fused authorization to enter theprison because she was wearingan Islamic veil.

The 108 alleged al-Nahda

members tried before the BabSaadoun Military Tribunal inTunis were charged with offencesrelating to the same alleged coupplot, and no reason was givenfor trying them separately. TheBab Saadoun trial was even morestrongly marked by procedural

ON 14 July, I 9-year-old SimonMthimkulu and a friend were ar-rested in Sebokeng township. Thefriend, who was beaten by policebut later released, said he sawpolicemen kick and beat SimonMthimkulu and drop a "hugerock" on his ribs. The followingday the police told SimonMthimkulu's mother that he hadbeen sent home. But two daysafter his arrest she found his bodyat a mortuary. She later told ajournalist: "He was lying face upand I could see blood at his neck."

Dr Jonathan Gluckman, SouthAfrica's leading independentforensic pathologist, performed apost-mortem examination onSimon Mthimkulu. Dr Gluck-man's findings were entirelyconsistent with the witness'saccount of the brutal policeassault on Simon Mthimkulu.

Dr Gluckman had already per-formed more than 200 post-mor-tems on people who died in policecustody. He is convinced that90 percent of them were killed bythe police. "I have constant evi-

dence of police handling peoplein a vicious manner," he told aSouth African newspaper. "My

irregularities. The President ofthe Court took a consistentlyhostile attitude to the accused, in-terrupting them when they at-tempted to describe the torturethey had suffered and refusing toallow them to make any detailedstatements in their own defence.

Verdicts and sentences in bothcases are expected at the end ofAugust. Islamic activists recentlyconvicted on lesser charges havebeen sentenced to up to 15 years'imprisonment.

Al has long been concerned

impression is that they are totallyout of control." At least 79 peopledied in police custody in SouthAfrica in just the first eightmonths of 1992.

In late 1991 Dr Gluckman hadbegun to raise the issue of thehigh number of deaths in custodydirectly with President De Klerk,senior cabinet ministers andpolice officials. Dr Gluckmansays he told the Commissioner ofPolice that these were "straight-

Forensic pathologist Dr Jonathan Gluckman opens his files OReuters

about systematic and sometimesfatal torture in prolonged incom-municado detention in Tunisia.During the second half of 1991,at least eight supporters ofIslamic movements were ap-parently tortured to death. In Julyan Al delegation visited Tunisiaand discussed its concerns withPresident Zinc El Abidine Ben Aliand government ministers, ss hoaccepted that violations of humanrights had taken place but reit-erated that their governmentrespects human rights. [1]

forward cases of murder by thepolice." The Commissionerthanked him for bringing thecases to his attention but did notappear to take further action. InMay Dr Gluckman wrote toPresident De Klerk, appealing forordinary people to be protectedagainst "barbarism, particularlyin the hands of the state's servantsemployed to uphold the law andthe sanctity of the individual."

The failure of governmentofficials to respond effectively,and the circumstances surround-ing Simon Mthimkulu's death,prompted Dr Gluckman to makepublic details of the scores ofcases in which, he said, the policehad killed people in their custody.

The Minister of Law andOrder denied any police respons-ibility for deaths in detention andsuggested that many of those whodied had committed suicide.However, he promised an internalpolice investigation, after whichhe would respond to Dr Gluck-man. Since he made his accusa-tions public. Dr Gluckman hasreceived a number of abusivetelephone calls, including deaththreats.

SOUTH AFRICA

Pathologist releases evidenceof killings in police custody

2 OCTOBER 1992

B

An appeal from you to the authorities can help the victims of human rights violations whosestories are told below.

You can help free a prisoner of conscience or stop torture. Your message can bring liberty toa victim of "disappearance". You may prevent an execution.

The victims are many, the violations wide-ranging. Every appeal counts.

GREECE ISRAEL/OCCUPIED TERRITORIESMordechai Vanunu: a former nuclear technician at Dimona in Israel, he has been heldin solitary confinement since October 1986. He was abducted in Europe by IsraeliGovernment agents after he provided information on Israel's nuclear program to aBritish newspaper. He maintains that he did so in order to promote a public debate onIsrael's nuclear program.

Mordechai Vanunu's deten-tion in Israel was not officiallyacknowledged until 9 Novem-ber 1986. The charges againsthim included treason. His trialwas held in (amera. Although

he had full access to legal coun-sel, he was not allowed to re-veal details of his abduction tothe judges. In March 1988 theJerusalem District Courtsentenced him to 18 years'imprisonment, upheld in May1989 by the Supreme Court. Alwas not allmsed to attend the

trial proceedings.Mordechai Vanunu con-

tinues to be held in solitary con-

finement in Ashkelon prison.He is permitted absolutely nocontact with other inmates. Hemay meet in private with hislawyer. hut access to his familyis severely restricted: he cansee them for no more than

Ciannis Tzortsos: a 20-year-old student of computer sciencefrom Athens, he has been inprison since September 1991for refusing on grounds of con-science to perform militaryservice. In February 1992 hewas sentenced to four years inprison. He is currentlyin Sindos Military Prisonnear Thessaloniki. He is apr isoner of conscience.

Giannis Ti risos is a Jehovah'sWitness, whose religious bel iefs dono permit him to serve in t he armed

forces in any capacity. He is one ofsome 400 conscientious objectorsimprisoned in Greece. Almost all

arc Jehovah's Witnesses. Greekconscientious obje.ctors are not al-lowed to perform civilian alterna-

tive service but instead mayperform unarmed military servicelasting twice as long as normal mil-itary service. This is unacceptableto most of them as they believe thatsuch service furthers military aims.Most are given four-year sentenceswhich they reduce to about two anda half years by working. AI con-siders all of them to be prisoners ofconscience and has repeatedlycalled on successive GreekGovernments to release them and

introduce alternative civilianservice of non-punitive length.

The UN Commission on

Human Rights, the Council ofEurope Committee of Ministersand the European Parliament have

called on member states to intro-duce civilian service for conscien-tious objectors. Successive Greek

governments have not taken anyconcrete steps towards bringingGreek legislation into line withthese international standards.1111 Please write calling for the re-lease of Giannis Tzortsos and theother 400 conscientious objectors

and for the introduction of alterna-tive civilian service for conscientiousobjectors to military service to: Prime

Minister Constantine Mitsotakis/Office of the Prime Minister/ Mega-ron Maximou/Herodou AtticouAvenue/10674 Athens/Greece fl

In the weeks following her

arrest Jacqueline Drouilly wasseen by other prisoners in secret

detention centres run by theDirectorate of National Intel-ligence (DINA), the security

police at the time. One formerdetainee said she sawJacqueline Drouilly using thesun's reflection in a mirror to

send messages to her husband inanother cell.

A July 1975 report in a pro-government newspaper claimedthat Jacqueline Drouilly wasamong 119 people killed inarmed confrontations betweenleft-wing extremists in Argen-

tina. The report was false andapparently intended to undermine

one hour a month, under tightsurveillance.

Israeli officials have maintain-

ed that solitary confinement isnecessary to protect Mordechai

Mordechai Vanunu (!) Reuters

relatives' appeals for new courtinvestigations into the fate of the"disappeared".

In 1990, when Chile returned

to civilian rule, The NationalCommission for Truth and Rec-onciliation confirmed that 957

people had "disappeared" undermilitary rule, the majority ofthem between 1973 and 1978.

The actual figure may well behigher.

Evidence previously submittedto the courts leaves little doubt thatthe fate of the "disappeaird" couldbe clarified. However, an amnestylaw passed in 1978, which grantedimmunity to the perpetrators ofhuman rights violations, has

been used by the courts to block

Vanunu from other inmates

and to prevent hi M from re-vealing further classified in-formation, including details of

his abduction, which was il-legal according to international

law.Al believes that prolonged

solitary confinement in theseconditions constitutes cruel, in-human or degrading treatment.Such treatment is prohibited byinternational law regardless ofthe reasons for its imposition.Al is continuing to call on theIsraeli Government to allowMordechai Vanunu to associateregularly with others.

III Please send courteous appealsfor Mordechai Vanunu to betaken out of isolation to: HaimHerzog/President/Office of thePresident/Beit Hanasi/3Hakeset Street/Jerusalem92188/ Israel r]

full investigations into thesecases. Hundreds of families arestill waiting forjustice to be done.

Al believes that the amnesty lawshould be repealed so that casessuch as that of Jacqueline

Drouilly can be clarified andthose responsible brought tojustice.IMPlease send appeals urging that

the full truth be made knownabout the cases of JacquelineDrouilly and the hundreds of

others who remain "disappeared",and that those responsible bebrought to justice to: Sr. Presi-dente/Comisión de DerechosHumanos/Cdmara de Diputados/

Edificio del Congreso/Val-paraiso/Chile

CHILEJacqueline Drouilly Jurich: on 30 October 1974 this 24-year-old student and member of theMovement of the Revolutionary Left was arrested at her home in Santiago by armed men incivilian clothes. She was three months' pregnant. Her husband was arrested a few hours later.Both remain "disappeared".

I • I I .II•.

OCTOBER 1992 3

amnesty

FOCUS international

Innocence betrayedhuman rights violations against

children and young people

India: Sabina Yasmeen, aged 12, was tortured in police custody in West

Bengal. She was among several people arrested in February 1990,

apparently because their village leader was opposed to the state

ruling party

Innocence and vulnerabilityoffer no protection fromabuses of state power. In

countries all over the world

children have been tortured,killed or unjustly imprisoned

by government agents. Somechildren are deliberately tar-geted for human rights abuses

because they are seen as socialor political threats, others have

been detained or torturedin order to force surrender orconfession from their parents.

In some countries, extreme

poverty forces children onto the

streets to fend for themselves.

Street children are automatically

regarded as criminal suspects bymany law enforcement officers,

and are often subjected to harass-

ment, threats or violent attacks.In India landless villagers and

their children trying to escape so-

cial and economic oppressionoften migrate to the larger cities.

where most of them end up in the

't

Guatemala: José Efrain Visquez

Solis, aged 16, suffered a broken

leg when he was beaten by armed

men in civilian clothes in

November 1991

jhuggi settlements which consti-

tute India's slunis. Children in

India are not spared the routine of

torture and ill-treatment in cus-

tody; children as young as six

have been arrested and tortured in

connection with petty criminal

offences. In June 1989. 11 young

children and teenagers from the

slums of Delhi were detained onsuspicion of theft. They were kept

in custody throughout the night,

and were tortured.Munni, a 13-year-old girl, was

stripped naked and beaten and

one 12-year-old boy was givenelectric shocks and beaten with a

leather belt. Another boy was

stripped, hung upside-down fromthe ceiling and beaten until he fell

unconscious. The youngest child-

ren, including a six-year-old boy.were released the next morning.

Later that day, after two prom-

inent civil liberties organizationsdiscovered and publicized the

children's plight, a crowd of four

thousand people gathered outside

the police station and the rest of

the children were freed.The publicity this case re-

ceived prompted the police to an-

nounce an inquiry, although

Delhi's Deputy Commissioner ofPolice denied that the police were

responsible for their injuries. He

claimed that the children hadbeen "roughed up- by members

of the family whose goods had

been stolen. Al knows of nooutcome of the inquiry.

Thousands of poverty-

stricken children in Brazil's big

cities have been tortured,

murdered or "disappeared- by

death squads, often composed of

or run by police officers. Street

children have also been killed by

death squads hired by local shop-

keepers to remove alleged crim-

inals and petty thieves from thearea. Many are targeted for ar-

bitrary treatment during

"sweeps" aimed at clearing thestreets of delinquents.

On the night of 26 July 1990,

armed policemen raided a farm inMagé. Rio de Janeiro state, and

abducted 11 people. including

four children. Viviane Rocha daSilva, aged 14; Cristiane Souza

Leite, 15; Edson de Souza Costa,

16; Hudson de Oliveira, 16; andseven others were never seen

again.Two of the victims lived on the

farm, the others lived in Acari,

one of the largest facelas, shanty

towns, in Rio de Janeiro city.The intelligence section of the

Military Police reportedly iden-

tified the kidnappers as officersfrom the 9th Military Police Bat-

talion in Rocha Miranda, Rio de

Janeiro state. According to the

military police report. hooded

police officers in plainclothesraided the farm in search of sus-

pects in petty crime and drug ped-

dling cases. The victims were

taken away in two vehicles, one

of which was found five days

later, burned and with blood-stained seat covers.

On 15 August 1991 witnessesto the abduction identified two

military police officers and six

detectives. But to Al's know-ledge, none of thcm has been

brought to justice in connection

with the 11 "disappearances-.Charitable agencies in

Guatemala estimate that more

than 5,(XX) children live on the

streets of the capital. Guatemala

City. Scores of street children

have been beaten, tortured, killedor "disappeared- by plainclothes

or uniformed policemen. Agents

of private security rims operat-

ing under official license have

also committed serious abusesagainst street children. Witnesses

to abuses and those working with

street children have also been tar-geted. Investigations into abuses

against street children have

seldom resulted in the prosecutionof those responsible.

On the evening of 13 Novem-

ber 1991, 16-year-old José Efrain

Vasquez Solis saw two cars pull

4 OCTOBER 1992

up in front of a Guatemala City

restaurant. Four armed men incivilian clothes jumped out of the

cars and began firing into the air.José Vasquez began to run as

soon as he heard the shots. Themen chased him, caught him,

handcuffed him and forced himinto one of the cars. Inside the car.

they accused José Vasquez ofstealing money and hit him on theface with a pistol. knocking himout. When he regained conscious-

ness, the men began to beat himagain. so severely that they broke

his left leg. José Vasquez saidthey also burned his hands andfeet with cigarettes.

When he was finally freed hemanaged to find friends who tookhim to Covenant House, a refuge

which helps and advises

Guatemala City's street children.The workers at Covenant Housearranged for him to be hospital-

ized. But later that night privatepolice officers came looking forhim in the hospital. José Vasquez

decided that it would be safer toleave the hospital than to be found

there by the police, and managedto get out with the aid of asympathetic hospital worker.

In countries where govern-ment forces are waging an inter-nal war against amied insurgency

movements, children and adultsliving in the areas of conflict often

get caught in the crossfire, suffer-ing "disappearances". abduc-tions, targeted killings andcollective reprisals. Children areoften victimized simply becausethey live in an area or belong toan ethnic group know to be sym-pathetic to one side or the other.

In Burundi tensions have ex-isted between the politically-dominant Tutsi minority, whichhas held power for decades, andthe majority of the population,

who belong to the Hutu ethnic

group. In November 1991 Huturebels launched attacks on mili-

tary installations in the capital.Bujumbura, and the northeasternprovinces of Bubanza and Cibi-toke, killing dozens of people.

Government forces retaliatedwith a violent counter-insurgency

campaign, in which at least 1,000Hutu suspected of supporting theinsurgents were reportedlyextrajudicially executed.

Isidore Ciza was one of theHutu sought by the securityforces. Less than a week after the

rebel attacks began, six soldiers inan armoured vehicle came look-ing for him at his home in

Muzinda, near Bujumbura. Whentold he wasn't there, the soldiers

Party of Peru (Shining Path)(PCP) have also committed wide-spread atrocities; children havebeen among the civilians killed.Government forces have held en-tire villages or communities col-lectively responsible for the

actions of the PCP, in whatamounts to a policy of indiscrim-

inate killing and "disappear-ance". The military have singledout young people because they

suspect them of being a mainsource of support for the PCP. APeruvian officer charged in con-

nection with the 1985 massacre inAyacucho's Vilcashuamán prov-ince of 69 people, over 30 ofwhom were children, told his inter-

rogators that even children agedtwo and three were "dangerous".

South African children andyoung people have sufferedhuman rights violations both be-cause they have been suspected ofsupporting the African NationalCongress or other formerly

banned organizations and be-

cause they have witnessed policeattacks on other children. At leastthree of the people who witnesseda fatal police assault on I 5-year-old Eugene Mhulawa have them-selves been killed in suspiciouscircumstances. One of the three.I 6-year-old William Makage,

had been detained in July 1990:while in detention he says he sawpolice officers heat EugeneMbulawa. who later died from hisinjuries. After his release.William Makage made a swornstatement to lawyers about thedeath of Eugene Mhulawa. Seven

months later, Al received reportsthat William Makage had goneinto hiding, fearing for his life.

On 8 May 1991, William

Makage was arrested and taken toCarletonville police station in thewestern Transvaal. The followingday he told Mongi Mogale,another detainee, that four policeofficers who had detained himhad taken him to a piece of waste-land, apparently intending to killhim, but they "started arguingabout it, so they did not kill me".William Makage also told Mongi

Mogale that he expected to bedead by the next day and askedher to give a last message to hisfamily. That night a police officer

allegedly told her that WilliamMakage was being taken toWelverdiend police station,where he would be killed. At

2.50am on 10 May the same po-lice officer told her that WilliamMakage was dead. According tothe official police explanation, hewas shot dead while trying toescape — but he was found witha bullet wound in the back of his

head and his hands tied behindhim. No official inquest or

independent inquiry had been

South Africa: Benjamin Modise,

aged 13, was kicked in the face andbody in March 1991 by policeacting alongside men identified

as vigilantes

conducted into William

Makage's death as of July 1992.In Syria anyone suspected of

opposing the government can be

detained without charge or trialunder State of Emergency legisla-tion that has been in force for

nearly 30 years. The law permitsthe "preventive" arrest of anyonesuspected of "endangering publicsecurity and order".

In October 1981, 19-year-oldstudent Ralat Abu Khaddur wasarrested by members of SyrianMilitary Intelligence. At the timeof his arrest, Ra' fat Ahu Khaddurwas distributing leatlets for theprohibited Party for CommunistAction. He is one of several thou-sand prisoners of conscience and

political prisoners still lockedaway in Syrian jails. Most ofthese detainees have been heldwithout charge or trial for manyyears — some for more than twodecades. Almost all were arrestedwithout warrant by members ofthe security forces and are heldincommunicado. Conditions in

Syrian prisons are known to heharsh; Ra'fat Ahu Khaddur hasheen held for 11 years and his

state of health is not known. Heis currently believed to be inSaidnaya prison.

Palestinian children in the Is-raeli-Occupied Territories havebeen victims of human rights vio-

lations by Israeli forces since theintifada (uprising) began in De-cember 1987. Children havebeen arbitrarily shot, tortured,

or imprisoned after trialswhich may have been unfair.

Many of these children had beenthrowing stones at soldiers or po-licemen. Sixteen-year-old RamiFakhri 'Abdullah Muslah, fromal-Burayj Refugee Camp in theGaza Strip, was arrested inSeptember 1990 after a crowd inthe camp had killed an Israeli sol-dier by setting his car on fire.

After his arrest Rami Muslahwas transferred to Gaza Central

Prison, where he says he falselyconfessed to involvement in the kil-ling because he was tortured during

Burundi: this two-and-a-half year old girl was among thousands of peoplekilled or injured by the army. Her arm had to be amputated after a bulletwound became infected 0-)John Sweeney/Netuvrk

ordered Isidore Ciza's two wives,his four young children and thehousemaid to wait outside while

they searched the house. After thesearch, the family was orderedback inside and a grenade wasthrown in after them. Claude

Nduwimana, aged 6; GorettiNahima. aged 6; Anita Sabimana,aged 3; Guillaume Sabimana,aged 8 months; one of Isidore

Ciza's wives and Generose, anI8-year-old housemaid, were allkilled in the blast. The soldiers

then shot some of the victims atpoint-blank range, apparently toensure that they were dead.

Isidore Ciza's second wife, whohid under a bed, survived. IsidoreCiza subsequently fled to Bujum-

bura, where he was arrested on 9December and subjected tosevere beatings and torture. As of

July 1992 he was still detainedwithout trial.

In Peru, children have beenamong the thousands of civilians

who have "disappeared" or beenkilled by the security forces. Thearmed opposition Communist

OCTOBER 1992 5

interrogation by members of the

General Security Service. RamiMuslah says he was hooded,

handcuffed and beaten all over

his body. He says a gun was heldto his head and one of the inter-

rogators poured water over his

genitals, saying it was petrol, andthreatened to light it. He suffered

from asthma before his arrest and

believes that the torture he enduredhas worsened his condition.

In November 1990 AI ap-

pealed to the Israeli authorities to

investigate Rami Muslah's al-

legations of torture. The authori-

ties responded that the allegationsof "physical force" had been in-

vestigated and found to be base-

less but did not provide details ofthe investigation process. Al does

not consider this response to be

satisfactory and is asking for further

details of the investigation.Rami Muslah was sentenced

to five and a half years' imprison-ment on 16 June 1992, after

pleading guilty to throwing

stones at the car in which theIsraeli soldier died. The charge

that he was involved in burning

the soldier was dropped under a

plea-bargain.Torture in custody is wide-

spread in Mexico; almost anyonearrested is at risk, and many of the

victims are children and young

people. The methods are brutal —one teenager, arrested in Mexico

City in March 1990, was re-peatedly tortured during three

months in police custody. He was

beaten so savagely that, accord-ing to his mother, he scarcely had

the strength to react when two of

his toenails were pulled out.

Another teenager, I5-year-old

Raal Vazquez Hernandez, wasarrested on g December 1991

during an anti-government de-

monstration in Villahermosa,state of Tabasco. His family had

no idea where he was until the

following day, when they heardon the radio that he had been ar-

rested and transferred t') "Juan

Graham" Public Health Hospital.After his arrest Ratil Vazquez

had been taken to the local

preventive police station. He said

that in detention he was beaten

and kicked all over his body, in-

c I ud i ng his genitals, andstrangled to the point of losing

consciousness. An independent

medical examination performedon 12 December confirmed injuries

consistent with his allegations of

torture. The police never invest-

igated Radl Vazquez's torture al-

legations, but they did file a

complaint against him for"possible participation in an at-

tack against a police officer" at

the time of his arrest. The policeclaim that Ratil Vazquez

"confessed" to these accusations

while in hospital. He denies thathe made any confession or that he

attacked a police officer. Al-

though his case never camebefore a juvenile court, on 23

December 1991 he was remanded

in inhernamienlo domiciliario, aform of administrative house ar-

rest, and was obliged to report

weekly to the juvenile centre inVillahermosa, state of Tabasco.

This order was lifted on 25 March

1992, but those responsible forthe torture of Rail Vazquez have

not been brought to justice.

Over 4,0(X) people have beenkilled during Turkey's eight-)ear

conflict with the Kurdish Work-

ers Party (PKK). The victimshave been on both sides and

among the civilian population.

About 10,000.0(X) Kurds IiVe in

southeast Turkey, where the PK K

is fighting for an independentKurdish state. Kurdish men,

women and children have been

victims of human rights abuses by

both Turkish government forces

and PKK guerrillas.

In March 1992, 16-year-oldBiseng Anik was among about

100 people, mostly students,

detained by the Turkish police inSirnak Province in the wake of

widespread disturbances during

Newroz, the Kurdish New Year.Sabriye Anik, the girl's mother,

later told a visiting human rights

delegation that eight uniformedmembers of the Turkish Special

Team forces and two plainclothes

police officers had taken her

Turkey: 16-year-old Riseng Anik

died in police custod), in March

1992 from a bullet shot to her head.

Her body also reportedly bore signs

of torture, including cuts, bruises.

and burns

daughter into custody. Thepolicemen told her that the) were

detaining students and takingstatements from them, and that

Biseng woukl be released soon.

Three days later the police tele-phoned Sahriye Anik and told her

to collect her daughter's body

from the town hospital. When she

arrived there, she discovered that

the left side of Biseng's head was

missing. On the rest of the hody

there were extensive marks sug-

gesting that she had been tor-

tured. The girl's grandfather said:"Her body was in pieces. Her

hands were torn between the fin-

gers. Cigarettes had been extin-guished on her body. Her body

was burned all over.- Sckvan

Aytu, the President of the HumanRights Association in Sirnak,

agreed that Biseng Anik's body

bore clear signs of torture: he saw

cuts, bruises and burns, and

thought that some of the fingerswere broken.

The Governor of Sirnak Prov-

ince later told a British journalist

Israel/Occupied Territories: Rana al-Masri, aged 13, was shot in the

head in Nablus on 7 January 1989 by Israeli soldiers using rubber-coated

metal pellets

REHABILITATIONThe long-term effect of human rights

violations on children can be devastating.Children who are subjected to torture, orforced to watch their parents or otherfamily members suffer brutal or humiliat-ing treatment, undergo a trauma whichcan lead to persistent and debilitatingpsychological problems.

In a 1980 study, Canadian psychiatristDr Federico Allodi found that Latin Amer-ican children who had witnessed grosshuman rights violations commonly reactedwith "social withdrawal, chronic fear, de-pressive moods, clinging and over-depend-ent behaviour, and sleep disorders".

A detailed 1988 analysis of childrenliving under apartheid noted the "loss ofself-esteem, self-hate, suicidal urges anda deep sense of alienation...in young

ex-detainees" and observed that "releasedchildren also commonly experience intenseanxiety in the form of fear, dread and evenparanoilal... Among these symptoms ofanxiety, it is common for children to com-plain of 'flash-backs' of prison experienceswhich lead to sudden startled reactions,hypervigilance, insomnia and nightmares— all symptoms which are typical of post-traumatic stress disorder."

As part of a policy of providing adequatecompensation and remedial care to victimsof torture, governments must recognizethat children and adults who have beenexposed to torture and other trauma mayneed psychological care, and should makeevery possible effort to ensure that counsel-ling or therapy are available as part of arehabilitative program.

6 OCTOBER 1992

that the girl had not been tortured,

although she may have "sufferedsome kind of discomfort" during

her interrogation. Although rel-atives who saw her body said shehad been shot in the hack of thehead, the official version of her

death is that Biseng Anik had ac-cidentally been put in a cell wherea rifle had been left under the bed,and that she had used the rifle tocommit suicide. In April the state

prosecutor announced his verdictof suicide caused by a shot to thehead with a long-barrelledweapon.

Only a full and independentautopsy could confirm whether

Biseng Anik had been torturedand whether she had committedsuicide. So far, the Turkishauthorities have refused to take

this measure.In Romania, political unrest

continued after the violent over-throw of the Ceaucescu govern-ment in December I 9g9. On 13June 1990 the Romanian security

forces began a mass eviction ofanti-government demonstrators

from University Square in Bu-charest, where they had been en-camped for seven weeks. Violentconfrontations ensued and thegovernment called on thousands

of miners from the country'swestern regions to come to thecapital city and "defend thedemocracy". The miners attackedgovernment opponents, some ofthem children, with pickaxes,clubs and other weapons. Theyarrested and severely beat manypeople and took them to police

stations and the Magurelemilitary camp.

Fifteen-year-old Viorel Horiawas taken to the camp, apparently

after being accused of attacking apolice officer during the anti-government protests. Otherpeople taken to the camp werebeaten by soldiers and by minersworking side by side with the mil-

itary. One railway worker said:"The blows administered by thesoldiers...were merely caressescompared to those inflicted bythe miners." Another detaineesaid of the camp: "What I saw

there was terrible. A macabrespectacle. People with clothestorn, full of blood, black eyes,

missing teeth."In the days immediately fol-

lowing the demonstrations, twopeople saw Viorel Horia in the

camp. A nurse said that shetreated him for a face wound anda fellow detainee reportedlyspoke to him. Viorel Horia has not

been seen since. His mother andhuman rights groups in Bucharesthave contacted the Magurele

base, the police, the prosecutor'soffice, hospitals, the morgue, thePrime Minister and the President,

a

but all deny any knowledge of Viorel Horia's whereabouts. Al

fears that he may have been killed and his body secretly disposed of.

A very few countries continue

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',Mil.. NA Lu7 A'

to impose the ultimate form of

cruel and inhuman punishmenton children. Over the last 10years, seven countries worldwideare known to have put people to

•• • . •

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0 Marla Carralho

death for crimes committed whenthey were still juveniles: thelargest confirmed number of suchexecutions has been carried out inthe United States of America.

On 11 February, 1992 the stateof Texas executed juvenile of-fender Johnny Garrett by lethalinjection. He was sentenced todeath for a crime he committedwhen he was just 17 years old.Medical experts said he was men-tally impaired, chronically psy-chotic and hrain-damaged.Before his death he suffered fromparanoid delusions, including thebelief that the lethal injectionused to execute prisoners in Texaswould not kill him.

The cases cited here are just asmall sample of the hundreds ofreports of human rights violations

against children that Al receiveseach year. Children cannot standup for their own rights, so theirgovernments should be partic-ularly vigilant in protecting them.However, law enforcement of-ficers who should be protectingchildren are, in fact. themselvesoften responsible for abusesagainst them. Through theirfailure to institute adequate in-vestigations, prosecutions andprocedural safeguards, govern-ments around the world are to

hlame for violating the mostfundamental rights of theiryoungest and often mostvulnerable citizens.0

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a

Brazil: demonstration in Rio de Janeiro against the killing of children

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OCTOBER 1992 7

BURUNDI

Political prisonerssentenced to death

ALGERIA

Political leaders sentenced in unfair trials

BETWEEN April and July five

people were sentenced to death

and 73 others to prison terms

ranging from one year to life im-

prisonment after unfair trials.

They were convicted of a series

of political offences, including

"threatening the security of the

state". Al has called for the com-

mutation of the death sentences

and for all the cases to be retried.

The 78 were among about 500

members of the majority Hutu

ethnic group arrested in Novern-

ber 1991 in connection with the

activities of the Party for the Lib-

eration of the Hutu People

PAL1PEHUTU ). The others con-

tinue to be held without trial. The

government claims PALIPE-

HUTU was responsible for a

series of violent attacks against

military installations at the end of

1991 and in April 1992, and of

plotting to overthrow the govern-

ment, comprised largely of the

Tutsi minority.The trials were unfair in many

respects. Statements extracted

from detainees under torture may

have been used as evidence to

convict them. The defendants

were given neither legal rep-

resentation nor adequate

opportunity to defend themselves.

In late July the trial of 15 of the

other detained Hutus was adjourned

when the defendants refused to ap-

pear in court without legal repre-

sentation. The trial has been

postponed until September. 0

COTE D'IVOIRE

ABBASSI Madani, the leader of

the banned Islamic Salvation

Front (FIS), and his deputy Ali

Belhadj were sentenced to 12

years' imprisonment on 12 July

in a three-day trial before the

military court in Blida.

The two men were convicted

of attacking state security, under-

mining the national economy and

distributing subversive leaflets.

They were cleared of three other

charges, including kidnapping

and torturing kidnap victims.

At least nine other charges had

been dropped before the trial.

Five co-defendants received

sentences of between four and

six years' imprisonment on lesser

charges. Although offkials had

announced that the trial would be

open, international observers and

media were barred; the accused

and their lawyers subsequently

refused to attend, and the trial

went ahead in their absence.

Al delegates sent to observe

the trial were denied access to

the court and to trial docu-

ments. Defence lawyers cited

serious irregularities in the

pre-trial and trial proceedings

and said that they were unable

to prepare an adequate defence

because they had not been

gis en full access to their

clients' dossiers (files contain-

ing prosecution information

relating to the case against

the accused).Al is concerned that the seven

were convicted and sentenced to

prison terms in a trial which did

not meet international standards

for fair trial, and which took place

in the absence of defendants and

defence lawyers.

In addition, barring inter-

national observers from a trial is

inconsistent with the internation-

ally-recognized right to a fair

and public hearing. El

OP lit

•••-?` P

Security was stepped up in the streets of Algiers after a military court

sentenced F1S leaders Abhassi Madani and Ali Belhadj to 12 years'

imprisonment (! Reuler,

Prisoners of conscience released under amnesty lawAT least 77 prisoners of con-

science, serving sentences rang-

ing from one to three years. were

released on 31 July. two days

after an amnesty law was unani-

mously passed by the National

Assembly. Among those released

were opposition leader Laurent

Gbagbo and human rights activist

René Degni Segui, as well as

teachers, trade unionists, students

and journalists.They had been convicted of

"sharing responsibility" for crim-

inal damage caused during de-

monstrations in February in the

capital, Abidjan. The demonstra-

tors were protesting against the

government's refusal to act upon

the findings of a Commission of

Inquiry into human rights viola-

tions committed during an army

raid on Yopougon University

campus in May 1991. Although

the demonstrations began peace-

fully, they resulted in violence,

which observers claim was

provoked by government agents.

The amnesty law pardons all

past offences in connection with

the restoration of multi-party

democracy. including attending

banned meetings and marches or

writing anti-government articles,

as well as violence during demon-

strations or by the security forces.

AT least 16 political prisoners

were among about 50 detainees

quietly released in April and May.

The government had released 17

political prisoners in March.

Most of those released had not

been charged or tried and many

had been in detention since the

early 1980s. They had all been

accused of conspiring to over-

throw the government, but many

appeared to be prisoners of con-

science, held solely because of

Al welcomes the release of these

prisoners of conscience, but re-

mains concerned that the amnesty

law prevents further investigation

into the Yopougon incident and re-

sults in the impunity of police and

soldiers responsible for human

rights violations. Another law

passed at the same time allows tOr

their non-violent opposition to

the government.

Among those released were

several prisoners of conscience

held in connection with an alleged

conspiracy in September 1989 led

by Major Courage Quarshigah,

and Corporal Moses Harlley, who

was allegedly tortured following

his arrest in October 1985.Major Quarshigah. released in

March, and other high-ranking

former detainees have reportedly

sentences of six months to 20

years' imprisonment for the

leaders of any gatherings Which

become violent, regardless of

whether they are responsible for

inciting or perpetrating violent

acts. Al is concerned that this may

be used to further restrict freedom

of association and expression. 0

been granted pensions and other

benefits on condition that they do

not make public any information

about their detention.At least one political detainee.

Corporal Thomas Benefo, ap-

parently remains in detention

without charge or trial. He has

been held since May 1986. Seven

other political prisoners con-

victed in connection with alleged

conspiracies are still serving

prison sentences.

GHANA

Political prisoners released from untried detention

8 OCTOBER 1992PAKISTAN

President grantsimmunityto the armyON 19 July a presidential ordin-ance granted immunity fromcriminal prosecution to membersof the army for all acts undertaken"in good faith" during law andorder operations. Al is concernedthat this ordinance will make itimpossible for the perpetrators ofhuman rights violations to ever bebrought to justice.

Since an "anti-crime opera-tion" began in late May, the armyhas committed serious humanrights violations, includingextrajudicial executions. In Junenine farmers were kidnapped andkilled by members of the armynear Jamshoro. The farmers hadbeen involved in a land disputewith a local landlord who hadmanaged to secure army support.Although the army later an-nounced that a major would becourt-martialled and several com-manding officers transferred, nosuch action appears to have beentaken.

Several deaths in military cus-tody have also been reported.Mohammad Yusuf Jakhrani,president of the NationalDemocratic Party, died on 12June in Pano Aqil, apparentlyafter being tortured.

In many countries, impunityhas been seen to contribute to thepersistence of human rights viola-tions. Al has urged the govern-ment to withdraw the ordinancegranting immunity from prosecu-tion, to bring past perpetrators ofhuman rights violations to justiceand to ensure that all members ofthe army know that they will beheld accountable if they commithuman rights violations.

AMNESTY INTERNATIONALNEWSLETTER is publishedevery month in four lan-guages to bring you newsof Al's concerns and cam-paigns worldwide, as wellas in-depth reports.Available from AmnestyInternational (addressbelow)

AT LEAST 27 people reportedly"disappeared" in San Martindepartment between April andJune. There were also at leastthree extrajudicial executions andseveral cases of torture. Theseviolations are believed to havebeen carried out by members ofthe armed forces stationed at theMariscal Cdceres military base,headquarters of the HuallagaFront Political-Mil itary Command.in San Martin province.

Twenty-seven people "disap-peared" after being taken intocustody by the armed forces in theprovinces of San Martin, Lamas,Bellavista and Tocache in SanMartin department. Four were laterreleased; two of them had report-edly been tortured. The other 23people remain "disappeared".

On 28 April, 15-year-oldOlivia Perez, who was sevenmonths pregnant, was reportedlybeaten by soldiers from theMariscal Cdceres military baseduring a raid on her home inTarapoto, San Martin. Shesuffered a haemorrhage and washospitalized. She miscarried fourdays later.

Froily Mori, a I 4-year-oldschoolgirl, was reportedly raped

HUNDREDS of prisoners, in-cluding prisoners of conscience,continue to he executed each yearin Iran, a pattern which has per-sisted since 1979. Most execu-tions have been carried out byhanging, sometimes publicly andin groups, but victims have alsobeen stoned to death, shot, or sub-'ected to flogging and amputation

by seven soldiers from the Bel-lavista barracks on 7 June. Aftersearching her family home inNueva Lima district, Bellavistaprovince, the soldiers ordered herto accompany them, claiming thatthey had to talk to her. When sheand her parents refused tocomply, they were threatened atgunpoint. Froily Mori was thenreportedly forced into the gardenand raped.

At least three men in SanMartin department were extraju-dicially executed after beingdetained by the army. On 21 June,Erick Rojas Llanca and Rafael

before being killed.

Capital trials in Iran fall farshort of internationally recog-nized standards for fair trial. Inpolitical cases, trial hearings areusually held secretly inside pri-sons, and often last only a fewminutes. with defendants havingno access to lawyers, no right tocall witnesses in their defence andno right to appeal.

The last mass execution ofpolitical prisoners took placesecretly in 1988. Al knows of2,500 prisoners who were ex-ecuted but witnesses have told Althat the total number executedwas much higher. Most of thoseexecuted were alleged supportersof the People's Mojahedin Or-ganization of Iran (PM01). anIraq-based opposition group. Thegovernment accused the PMOIsupporters of spying or commit-ting terrorist activities. Al has re-corded the names of hundreds ofmembers or sympathizers ofother political opposition groupswho were also executed. Somewere prisoners of conscience.

The Iranian authorities havenever acknowledged this massexecution and political prisonerscontinueto be executed: in April

Navarro Pisango were detainedby members of the armed forcesin Tarapoto, San Martin, and weretortured in the presence of wit-nesses. The following day theirbodies were found floating in theRio Mayo near the hamlet ofShapaja. Two days later the bodyof Ricardo Salazar Ruiz wasdumped in the doorway of hissister's hmse in the district of SanJose de Sisa, Lamas province. Hehad been shot four times and ap-parently tortured. He had beendetained on 22 June by an armypatrol from a military base in thatdistrict.

1992 at least 40 alleged membersor sympathizers of the PMOIwere reportedly executed in Teh-ran. In 1990 and 1991 at least 760and 775 prisoners were executed,respectively.

Some have been executed be-cause of their religious beliefs.In December 1990 ReverendHossein Soodmand, a Christianpastor, was executed in Mashhadapparently on charges of apos-tasy. Bahman Samandari, a mem-ber of a prominent Baha' i family,was reportedly secretly executedin Evin Prison in March 1992after he had been summonedthere on the pretext of signingdocuments. Both Hossein Sood-mand and Bahman Samandariwere prisoners of conscience.

Al has repeatedly expressed tothe Iranian authorities its concernabout the high number of execu-tions in Iran. The organizationfears that executions followingunfair trials will continue unlessthe international community putspressure on the Iranian Govern-ment to end executions and im-prove its human rights record. flIran: executions of prisonerscontinue unabated (Al Index No.MDE /3/18192)

PERU

Army violations continue in San Martin department

A Peruvian military patrol Rex Features

IRAN

Hundreds of executions carried out eachyear

AMNESTY INTERNATIONAL NEWSLETTER is published monthly by AMNESTY INTERNATIONAL PUBLICATIONS, I Easton Street, London, WCI X SDI, United Kingdom. Printed in Hong Kong and Distributed in Asia by AMNESTY INTERNATIONAL ASIA DISTRIBUTION SERVICE, Unit D, Third Floor, 32-36 Ferry Street, Kowloon, Hong Kong.