EXTERNAL (for general distribution)AI Index: AFR 53/61/90

Distr: UA/SC

31 August 1990

Further information on UA 315/90 (AFR 53/55/90, 27 July) - Fear of Torture/ Legal Concern

SOUTH AFRICA: Raymond MAAKE, arrested 3 February 1990

Ebison Makgo PHASHA, arrested 3 February 1990

Agnes KHEBILE, arrested 12 April 1990

Michael MKHABELA, arrested 12 April 1990, married, one child

Raymond Maake and Ebison Makgo Pasha appeared before Nelspruit Regional Court on 2 August 1990 and were charged with possession of explosives. They are still in custody in Nelspruit awaiting trial. On 2 August they were able to consult their legal representative for the first time after being arrested on 3 February 1990 and spending six months in incommunicado detention, with no access to visits from relatives or their lawyer.

Agnes Khebile and Michael Mkhabela are still detained under section 29 of the Internal Security Act. They were arrested at Sidlamafa township near Malelane in the Eastern Transvaal on 12 April 1990. As far as Amnesty International is aware, there has still been no official confirmation of their detention or of where they are being held, though they are believed to be held in Nelspruit prison where there are separate sections for men and for women.

FURTHER RECOMMENDED ACTION: Telegrams/telexes/faxes/express and airmail letters:

- expressing concern that Agnes Khebile and Michael Mkhabela are apparently still detained incommunicado under section 29 of the Internal Security Act;

- asking for confirmation of their detention and of where they are currently held;

- seeking assurances that they will not be subjected to torture or ill-treatment while in security detention;

- urging that they be granted immediate access to legal counsel, to visits from relatives, and to independent medical advice;

- calling for them to be released from detention without further delay if they are not to be charged promptly with a recognizably criminal offence;

- requesting that Raymond Maake and Ebison Makgo Phasha be allowed access to a medical doctor of their choice, in view of their lengthy incommunicado detention.

APPEALS TO:

Mr F W De Klerk

State President

State President's Office

Private Bag X83

Pretoria 0001, South Africa

Telegrams: President De Klerk, Pretoria, South Africa

Telexes: 321695 SPLIB SA, 321890 PRES SA or 322158 PRES SA

Faxes: +27 12 323 3982

Mr A J Vlok

Minister of Law and Order

Private Bag X463

Pretoria 0001

South Africa

Telegrams: Minister Law/Order, Pretoria, South Africa

Telexes: 321353 HABS SA or 321358 HABS SA

(via Ministry of Home Affairs)

Faxes: +27 12 322 2559

Lt-Gen Van Der Merwe

Commissioner of Police

Police Headquarters

Private Bag X94

Pretoria 0001, South Africa

Telegrams: Police Commissioner Van de Merwe, Pretoria, South Africa

Telexes: 3-20772 SAPQM SA; 3-20838 SAPOB SA

Faxes: + 27 12 323 2033

Head of Security Police

Nelspruit District Headquarters

Private Bag 11251

Nelspruit 1200

South Africa

COPIES TO: one or more of the following:

- The Editor, Vrye Weekblad, PO Box 42637, Fordsburg 2033, South Africa

- The Editor, Sowetan, POB 6663, Johannesburg 2000, South Africa

- The Editor, The Lowvelder, POB 246, Nelspruit 1200, South Africa

- The Human Rights Commission, PO Box 32723, Braamfontein, South Africa 2017

and to diplomatic representatives of South Africa in your country.

PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat, or your section office, if sending appeals after 12 October 1990.