Author: Sir Nigel Rodley (for UN Economic and Social Council)

Date: 2 February 2000.

Title: Report of the Special Rapporteur, Sir Nigel Rodley, submitted pursuant to Commission on Human Rights resolution 1999/32

Internal reference: E/CN.4/2000/9

Original language: English/French/Spanish.

Concerning: Sir Nigel Rodley presents his seventh report to the UN Commission of Human Rights, reviewing the reported human rights violations around the world. The following text are pages 83-86, covering the situation in Equatorial Guinea.

Source: UN Commission of Human Rights

Equatorial Guinea
Regular communications and replies received

401. By letter dated 30 November 1999 transmitted jointly with the Special Representative on the situation of human rights in Equatorial Guinea, the Special Rapporteur advised the Government that he had been informed that, following the events of 21 January 1998, three soldiers and a number of civilians were killed and approximately 500 persons were arrested in the months of January and February 1999.

402. The authorities reportedly accused the Movimiento para la Auto-determinación de la Isla de Bioko (MAIB) of being responsible for attacks on military barracks. Most of the detainees, including women, were allegedly arrested because they belonged to the Bubi tribe. According to the information, members of the tribe were tortured by agents of the security forces, who kicked them and hit them with rifles. At least six persons allegedly died as a result of these events. Many women were allegedly raped, particularly in Malabo and other Bubi settlements. Some people claimed that their ears were cut off with razors or bayonets. During the trial in May 1998, at least 10 people, including Fernando Riloha, were reportedly seen with their ears cut off. Many Bubis were allegedly forced to get out of taxis and public transport vehicles at a roadblock in Sampaca and were subsequently beaten by security forces. Bubi leaders in Rebola were reportedly arrested on suspicion of hiding rebels or serving as safe conduct for them. The Malabo police allegedly kept the detainees in incommunicado detention for several weeks, relying mainly on torture to obtain confessions. The detainees were reportedly taken to a special room in the Malabo police station, where they were tortured. It is said that during their interrogation, some were subjected to various forms of torture and their arms and legs were immobilized with metal bars. Others were tied hand and foot and hung from the ceiling while the security forces looked on dispassionately.

403. The most violent attack on the Bubi tribe allegedly occurred in Malabo on 25 January 1998, when the Prime Minister, Ángel Serafín Dougan Seriche, who is of Bubi origin, convened a demonstration to show that the Bubis were loyal to him. Thousands were reportedly forced to participate, and anyone who would not, the threat was made, would be considered a rebel supporter. During the demonstration, civilians from the Fang ethnic group closely linked to the Government and members of the security forces reportedly mistreated and insulted the participants. The next night, the Bubis were allegedly attacked in their homes by civilians from the Fang ethnic group and members of the security forces. According to the information received, some women were raped in front of their own husbands. The security forces failed to intervene and in many cases were among the aggressors.

404. During the months spent in incommunicado detention, conditions were extremely harsh. Containers of urine were allegedly spilled inside the overcrowded cells; detainees were not permitted to use the toilet and had to relieve themselves in the cells. During their transfer from Malabo police station to Black Beach prison they were reportedly forced to lie down in a truck bed in groups of five, one on top of the other, while policemen sat on them. Upon arriving at the prison they were denied any medical treatment whatsoever. In early July, it is said, Milagrosa Cheba was finally sent to hospital, as she was suffering from malaria, but she was returned to the prison before she had fully recovered. César Copoburu, who was sentenced to 26 years' imprisonment, was allegedly taken to hospital in mid-July after complaining of abdominal pain for more than a week. He underwent surgery and was rapidly sent back to prison, despite the appalling hygienic situation there. Martin Puye allegedly died in hospital on 14 July 1998, two weeks after being taken to Black Beach prison. He had suffered from hepatitis for quite some time, but the authorities reportedly refused to send him to hospital until it was too late for him to be cured.

405. During the trial in May 1998, the court allegedly accepted statements obtained through torture without any investigation whatsoever of the complaints thereof. At least 14 people reportedly indicated during the trial that they had been tortured. In one instance, the prosecutor allegedly admitted that the victim had been tortured: "We see that you have been tortured by the police, we admit it, but you signed a statement in the presence of a judge." Various appeals for investigation of violations of human rights and of deaths during pre-trial detention went unheeded.

406. The Special Rapporteur and the Special Representative have received information on the following specific cases. 

407. Lino Losoha, a member of the Partido Democratico de Guinea Equitorial (PDGE), was allegedly detained for being a community leader in Rebola. He was reportedly informed he was suspected of knowing the whereabouts of fugitives. The security forces are said to have taken him to a military outpost at the edge of the town where they reportedly burned his testicles, stomach and chest with a cigarette lighter. He was allegedly fined and released upon payment of the fine.

408. Victor Bubayan, a teacher from the Bubi tribe, was reportedly arrested on 21 January 1998 in the school where he worked because he was the brother-in-law of César Copoburu, who is thought to be one of the leaders of the attacks. He was allegedly mistreated in front of his students and beaten with electric cables. His family had no news of him for several days. He is said to have been detained in a police station, yet no statement was taken from him. He was finally released without charge on 11 February 1998.

409. Father Bienvenido Samba Bomedoro, a Protestant priest who was considered to be one of the leaders of the attacks of 21 January, was reportedly beaten heavily. He is said to have been tied up in the police station, lashed across the neck with a whip and warned that he would be the next victim. 

410. During his trial, Gregorio Pancho Borapa, the mayor of Rebola, was reportedly able to whisper only a few words, with difficulty, and when the prosecutor asked him to speak up, he said, "I can't because they broke my jaw when they were torturing me".

411. David Nuachuku, a Nigerian, was allegedly kept handcuffed for 52 days at the Malabo police station. His hands and legs were tied behind his back with electric cables and he was beaten until he lost consciousness.

412. César Copoburu was reportedly forced to confess to being one of the approximately 30 people involved in the attacks on military camps of 21 January. His confession was allegedly obtained using torture. He is said to have broken bones in the lower body and to have received no treatment of any kind. 

413. Milagrosa Cheba, secretary of an agricultural trade union whose director is alleged to be a leader of the attacks, was reportedly tortured severely. According to the information received, she was forced to remain kneeling for several hours and was subsequently beaten about the head. She is reportedly the only woman convicted on the basis of a confession obtained through torture. She was sentenced to six years' imprisonment.

414. Domiciana Bisobe Robe was allegedly arrested for being romantically involved with one of the leaders of the attacks on the military camps. She was reportedly taken several times to the Malabo police station in the middle of the night for interrogation. There she was undressed and beaten and her breasts were handled, but she was not raped.

415. Francisca Bisoco Biné, the wife of Robustiano Capote Sopole, who was sentenced in June 1996 to 26 years' imprisonment, had a miscarriage because of the beating she received. The security forces reportedly arrested her on 23 January in her home in Sampaca in the absence of her husband. Despite the fact that she was pregnant, she was allegedly lashed with a whip and detained in Malabo police station for five days, after which her child was stillborn.

416. Bessy, one of the Nigerians suspected of training the attackers, was reportedly beaten heavily every night, especially on the soles of the feet. One of his legs was completely infected and his feet were swollen. On 24 January, some of the prisoners reportedly asked the guards to remove him from the cell because he might infect all the others, to which the guards replied "We're going to kill you all anyway." Shortly thereafter, a military doctor arrived with the Minister of Health and observed that Bessy had died.

417. Idelfonso Borupu was allegedly arrested in Basakato for having treated one of the wounded attackers. He was subsequently taken to Malabo police station in uncertain health. Once there, he was left to the elements, was beaten and died.

418. Irineo Barbosa Elobé reportedly died in hospital on 1 March 1998. It is said that he showed signs of mental imbalance as a result of the torture to which he was subjected.

419. Carmelo Yeck Bohopo allegedly died in hospital. He was arrested in Malabo on 6 February 1998 upon leaving church and taken to the police station, where he was reportedly beaten severely. He is said to have died on 9 February 1998. No autopsy was performed.

420. The Special Rapporteur and the Special Representative also received information on the following individual cases.

421. Teófilo Osam Mbomio was reportedly arrested on 30 May 1998 in Añisok. He allegedly remained in detention for a week, during which he was given 150 blows on the soles of the feet. He is alleged to have publicly refused to sign a sworn statement asserting that he was in the Government party.

422. In September 1997, members of the opposition party, including six women, were reportedly detained in Akurenam while they were preparing songs to welcome their leaders. The women were undressed and beaten. They were not given a trial but were forced to pay very high fines to obtain their freedom.

Urgent appeals and replies received

423. On 17 March 1999, the Special Rapporteur transmitted an urgent appeal concerning Teótimo Mbo Edó, Fidel Abesó, Marcos Esimi, Felix Ngomo, Juan Miquibi, Francisco Nguema, Gaspar Nculu, Luis Mba Bayeme, Juan Ebuna, Manuel Nzo, Zacharías Esimi and Santiagi Ndong, who had been in incommunicado detention since 7 March 1999 in Nsok Nsomo, eastern Equatorial Guinea. At the time of their detention, they had been acting as electoral observers for their political parties, the Unión Popular and the Convergencia para la Democracia Social, during the legislative elections of 7 March 1999, which are now finished. In the course of the elections, there were reportedly cases of physical ill-treatment and beating of persons who refused to vote for the Government party and of detentions and forced displacement in order to avert the presence or voting of political opponents.

424. By letter dated 28 May 1999, the Government responded to this urgent appeal. Concerning the information on torture of electoral observers for the Unión Popular and the Convergencia para la Democracia Social and of persons refusing to vote for the Government party during the legislative elections of 7 March, the Government declared that they are false accusations. It pointed out that affiliation with a political party and exercise of the right to vote are neither offences nor against the country's interests. As evidence, it pointed to the participation in the elections as independent observers of the Organization of African Unity (OAU), the francophone ACP countries, various non-governmental organizations, the United States of America and others, all of whom indicated that the elections had been very well organized and did not mention any incidents.

425. On 28 October 1999, the Special Rapporteur transmitted an urgent appeal jointly with the Special Representative on the situation of human rights in Equatorial Guinea concerning Emilio Ribas Esada, Gregorio Bomuagasi, Milagrosa Cheba and Alehandro Mbe Bita Rope, who were being held in Malabo prison. They had reportedly requested medical treatment for their ailments, but such treatment had so far not been provided. Gregorio Pancho Borapa is said not to have received medical treatment although he is suffering from a jaw broken, according to the source, by a police officer at the time of his arrest in January 1998.

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