EXTERNAL (for general distribution)AI Index: AFR 49/01/94

Distr: UA/SC

UA 73/94 Death in custody / fear of torture23 February 1994

SENEGAL:Lamin Samb, aged 32, teacher of Arabic and reportedly member of Islamic group, Moustarchidina wal Moustarchidati, Men and Women who Fight for the Truth

more than 40 others arrested following demonstration on 16 February 1994

Amnesty International is extremely concerned that Lamin Samb's death on 19 February 1994 may have been the result of torture in custody. His death and other recent allegations of torture in Senegal heighten the organization's fears that more than 40 others arrested following a violent demonstration on 16 February may face torture while in detention.

Lamin Samb was arrested at his home on 17 February, apparently on the basis of information provided by another detainee that he was a leading member of the Islamic group named above. He was taken to the Direction des investigations criminelles (DIC), Police headquarters for criminal investigations, in the capital, Dakar. Although in good health when arrested, on 19 February staff of the DIC took Lamin Samb, seriously ill and in a coma, to the main hospital in Dakar (hôpital principal de Dakar) where he died shortly afterwards. Although there were reportedly no external traces of torture, it is believed that he may have died from internal injuries caused by torture during his detention. An autopsy has reportedly been carried out, but the findings have not been made public.

Since the day of the demonstration, more than 40 people are believed to have been arrested for questioning.

BACKGROUND INFORMATION

The Islamic group Moustarchidina wal Moustarchidati, Men and Women who Fight for the Truth, was banned the day after the demonstration on 16 February, which it had helped to organize. The demonstration resulted in the death of at least six people, including five police officers, other numerous acts of violence and extensive material damage.

Also on 16 February, la Coordination de forces démocratiques (CFD), an umbrella organization of several opposition parties, held a meeting to discuss a campaign of action to address the country's economic problems. Some participants of this meeting are reported to have joined the demonstrations. The leaders of two opposition political parties, Maître Abdoulaye Wade and Landing Savané, were arrested at their homes on 18 February. Their period of pre-trial detention (garde à vue) has recently been extended until 26 February, apparently because they are suspected of state security offences. Their parliamentary immunity has been disregarded.

Amnesty International is concerned by a pattern of torture in Senegal. In the past year alone, the organization has raised several well-founded allegations of torture with the Senegalese authorities, including the reported use of electric shocks on an opposition member of parliament, but the authorities have taken no steps to bring those responsible to justice (see UA 240/93, AFR 49/05/93, 23 July 1993).

RECOMMENDED ACTION: Please send telegrams, faxes and airmail letters either in French, English or in your own language:

- expressing grave concern about Lamin Samb's death, reportedly as a result of torture following his arrest on 17 February 1994;

- urging the authorities to fulfil their obligation under Article 12 of the Convention against Torture ratified by Senegal in 1986, to establish immediately an independent, impartial and effective inquiry into allegations that Lamin Samb died as a result of torture;

- seeking assurances that the inquiry's findings will be made public and that if the allegations are confirmed, those responsible will be brought to justice;

- urging the authorities to ensure that more than 40 others, arrested following demonstrations on 16 February 1994, will not be subjected to any form of torture or ill-treatment;

- urging the authorities to release any detainees who do not face criminal charges;

- calling on the authorities to issue promptly a public statement that torture will not be tolerated in Senegal and to take all necessary steps to ensure that this commitment is respected by all branches of the security forces.

APPEALS TO

1) Monsieur Djibo Ka

Ministre de l'Intérieur

Ministère de l'Intérieur

Dakar, Sénégal

Telegrams: Ministre Djibo Ka, Dakar, Sénégal

Faxes: + 221 23 84 88 (c/o Ministry of Foreign Affairs)

Salutation: Monsieur le Ministre/Dear Minister

2) Monsieur Jacques BAUDIN

Ministre de la Justice, Garde des Sceaux

Ministère de la Justice

Dakar, Sénégal

Telegrams: Ministre Baudin, Dakar, Sénégal

Faxes: + 221 23 84 88 (c/o Ministry of Foreign Affairs)

Salutation: Monsieur le Ministre/Dear Minister

COPIES OF YOUR APPEALS TO:

Monsieur MBengue

Directeur de la Division des Investigations criminelles

Dakar, Sénégal

Monsieur Papa Bougouma DIENE

Procureur général auprès de la Cour d'Appel

Palais de Justice

Dakar, Sénégal

and to diplomatic representatives of Senegal accredited to your country.

PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat, or your section office, if sending appeals after 6 April 1994.