Aadel Collection
Interim report of the Special Rapporteur of the Commission on Human Rights on extrajudicial, summary or arbitrary executions
United Nations
General Assembly Distr.: General
2 July 2002
Original: English
Fifty-seventh session
Item 111(b) of the preliminary list*
fruman rights questions: human rights questions, including
alternative approaches for improving the effective enjoyment
of human rights and fundamental freedoms
Extrajudicial, sumnoery or arbitrary executions
Note by the Secretary-General
The Secretary-General has the honour to transmit to the members of the
General Assembly the interim report on extrajudicial, summary or arbitrary
executions submitted by Asma Jahangir, Special Rapporteur of the Commission on
Human Rights, in accordance with paragraph 23 of General Assembly resolution
55/111 of 4 December 2000.
* A/5 7/5 0/Rev. 1
02-46195(E) 010802
*0246195 *
A157/138
Interim report of the Special Rapporteur of the Commission
on Human Rights on extrajudicial, summary or arbitrary
executions
Summary
The present report covers activities undertaken in the period from 1 August
2000 to 1 June 2002, focusing on a number of issues that are of particular concern
and that in the Special Rapporteur's view require special and urgent attention.
During the period under review, the Special Rapporteur transmitted
communications to Governments or took other forms of action in relation to the
following situations involving violations of the right to life: (a) non-implementation
of existing international standards on safeguards and restrictions relating to the
imposition of capital punishment; (b) death threats; (c) deaths in custody; (d) deaths
due to excessive use of force by law enforcement officials; (e) deaths due to attacks
or killings by security forces; (f) extrajudicial killings attributed to paramilitary
groups or private forces cooperating with or tolerated by the State; (g) violations of
the right to life during armed conflicts; (h) expulsion, refoulement or return of
persons to a country or place where their lives are in danger; (i) genocide; and
(j) issues relating to the rights of victims.
2
A157/138
Contents
Paragraphs Page
Introduction 1—2 4
II. Mandate 3—5 4
A. Terms of reference 3 4
B. Violations of the right to life upon which the Special Rapporteur takes
action 4 4
C. Legal framework 5 4
III. Activities 6—7 4
Visits 7 4
IV. Situations involving violations of the right to life 8—45 5
A. Violations of the right to life during armed conflict, especially of the civilian
population and other non-combatants, contrary to international humanitarian
law 9—16 5
B. Deaths due to the use of force by law enforcement officials or persons acting
in direct or indirect compliance with the State, when the use of force is
inconsistent with the criteria of absolute necessity and proportionality 17—21 7
C. Impunity 22—27 8
D. Violations of the right to life of children 28—30 9
E. Violations of the right to life of women 31—36 9
F. Violations of the right to life of sexual, ethnic, religious or linguistic
minorities 37—40 11
G. Capital punishment 41—45 12
V. Conclusions and recommendations 46—52 12
3
A157/138
I. Introduction
1. On 26 August 1998, Asma Jahangir formally
accepted her appointment as Special Rapporteur on
extrajudicial, summary or arbitrary executions. At its
fifty-first session, the General Assembly adopted
resolution 51/92, requesting the Special Rapporteur to
present an interim report to the Assembly at its fifty-
second session. However, as Ms. Jahangir was
appointed Special Rapporteur as late as August 1 998,
she was, unfortunately, not in a position to present a
full report, but only an oral statement to the General
Assembly at its fifty-second session. On 9 December
1998 the General Assembly adopted resolution 53/1 47,
in which it requested the Special Rapporteur to present
an interim report to the Assembly at its fifty-fifth
session. On 24 October 2000, the Special Rapporteur
presented her report, document A/55/288, dated 11
August 2000.
2. The present report covers activities undertaken in
the period from 1 August 2000 to 1 June 2002,
focusing on a number of issues that are of particular
concern and that in the Special Rapporteur's view
require special and urgent attention. Due to limitations
of space, and in order to avoid unnecessary duplication,
reference will be made when appropriate to earlier
reports of the Special Rapporteur in which more
detailed discussions on the issues concerned can be
found. The Special Rapporteur regrets that she was
unable to include more current material in the present
report, as the deadline for the draft report was set at 26
June 2002.
II. Mandate
A. Terms of reference
3. For a detailed presentation of the terms of
reference of the Special Rapporteur's mandate, see her
reports to the Commission on Human Rights
(E/CN.4/1999/39, paras. 4-5, E/CN.4/2000/3, paras.
4-5, E/CN.4/2001/9, paras. 5-6, and E/CN.4/2002/74,
paras. 6-7).
B. Violations of the right to life upon
which the Special Rapporteur takes
action
4. For a more detailed discussion of the situations in
which the Special Rapporteur has acted during the
present reporting period, see her reports to the
Commission (E/CN.4/2001/9, paras. 7-8, and
E/CN.4/2002/74, paras. 8-9).
C. Legal framework
5. For an overview of the international standards by
which the Special Rapporteur is guided in her work,
see the report of her predecessor to the Commission on
Human Rights at its forty-ninth session
(E/CN.4/1993/46, paras. 42-68). The Special
Rapporteur has largely followed the methods of work
developed and applied by the previous Special
Rapporteur, Bacre Waly Ndiaye, which are described in
his report to the Commission at its fiftieth session
(E/CN.4/1994/7, paras. 13-67), as well as his
subsequent reports to the Commission
(E/CN.4/1 995/61, paras. 9-11, and E/CN.4/1 996/4,
paras. 11-12).
III. Activities
6. For a discussion of activities undertaken in the
period under review, see the Special Rapporteur's last
two reports to the Commission (E/CN.4/2001/9 and
E/CN. 4/2002/7 4).
Visits
7. Field missions are crucial to all mandates. They
give the relevant mechanism visibility and test its
reliability. Interaction with Governments and people
allows for better and more objective information. A
close scrutiny of the situation on the ground gives the
Special Rapporteur more confidence in reaching
conclusions and in making recommendations. Field
research in specific countries also yields valuable data
that can contribute to an understanding of patterns of
human rights abuses and the root causes that give rise
to and perpetuate violations of the right to life. It also
lends support to the work of civil society. The choice
regarding field visits is based on a number of factors
4
A157/138
and not exclusively upon the increasing violations of
human rights reported in a given country. The keenness
of Governments to improve the situation, the role of
non-governmental organizations and emerging signs of
deterioration or improvement are some of the criteria
considered. The Special Rapporteur is concerned,
however, that the resources currently placed at her
disposal do not always allow her to submit her mission
reports in a timely manner, or to respond effectively to
the calls and the need for field missions to be carried
out in various parts of the world. It should also be
recalled that the Special Rapporteur can conduct field
missions only to countries that have officially invited
her to visit in her mandated capacity During the period
under review, missions were carried out to Turkey and
Honduras (see E/CN.4/2002/74/Add.1 and Corr.1 and
E/CN. 4/2003/3/Add. 2) .
11/. Situations involving violations of
the right to life
8. During the period under review, the Special
Rapporteur transmitted communications to
Governments or took other forms of action in relation
to the following situations involving violations of the
right to life: (a) non-implementation of existing
international standards on safeguards and restrictions
relating to the imposition of capital punishment;
(b) death threats; (c) deaths in custody; (d) deaths due
to excessive use of force by law enforcement officials;
(e) deaths due to attacks or killings by security forces;
(f) extrajudicial killings attributed to paramilitary
groups or private forces cooperating with or tolerated
by the State; (g) violations of the right to life during
armed conflicts; (h) expulsion, refoulement or return of
persons to a country or place where their lives are in
danger; (i) genocide; and (j) issues relating to the rights
of victims. Detailed accounts of correspondence and
action taken by the Special Rapporteur in regard to
these issues can be found in her reports to the
Commission on Human Rights (E/CN.4/2001/9, paras.
23-50, and E/CN.4/2002/74, paras. 27-65). The
information brought to the Special Rapporteur's
attention and material gathered during field missions
reveal certain trends and developments that she wishes
to bring to the General Assembly's attention. In order
to produce a more comprehensive overview and
analysis of these issues and patterns, in the present
report she has chosen to draw upon material received
since her appointment, particularly information
gathered and observations made during the field
missions she has carried out since her appointment,
i.e., to Albania and the former Yugoslav Republic of
Macedonia (Kosovo situation, 1999), Mexico (1999),
East Timor (1999), Nepal (2000), Turkey (2001) and
Honduras (2001).
A. Violations of the right to life during
armed conflict, especially of the
civilian population and other non-
combatants, contrary to international
humanitarian law
9. A clearly discernible trend in recent years is the
increasing number of civilians and persons hors de
combat killed in situations of armed conflict and
internal strife in various regions of the world. Many
thousands of people not participating in hostilities have
lost their lives in conflict situations. The Special
Rapporteur is saddened by the fact that the majority of
the victims of today's conflicts are civilians, including
displaced persons and refugees, among them a large
number of women and children. In some instances, the
direct targeting of civilians has increasingly become a
part of the tactics employed by the parties involved in
order to spread terror among the larger public and
cleanse an area of its population. There are also
increasing reports of killings of journalists in areas of
armed conflict.
10. During the wave of violence that swept East
Timor in 1999, civilians came under repeated attack
from pro-integrationist militias and Government forces.
They were subjected to serious human rights abuses,
including violations of the right to life. During the
conflict in Kosovo, the direct targeting and killing of
activists, lawyers, intellectuals and other well-known
personalities were apparently carried out with the aim
of spreading terror and depriving the Kosovo Albanian
community and political leadership of persons of high
moral standing capable of forging alliances and leading
society. In Colombia, groups of displaced civilians
at times entire villages continue to be subjected to
armed attacks and extrajudicial killings by the parties
to the ongoing internal conflict. The Special
Rapporteur sent communications regarding reports of
killings of civilians in various other countries,
including Rwanda, Sri Lanka, the Democratic Republic
of the Congo, Nepal, Myanmar and Nigeria.
5
A157/138
11. The Special Rapporteur notes that in a number of
cases signs of a deteriorating situation were not read as
early warnings or were not addressed effectively and
promptly. She wishes to draw attention to prolonged
situations of armed conflicts, which continue to take a
toll on the lives of many iimocent people. The root
cause is oifien the continued denial of human rights; but
once conflict spirals upward the situation is exploited,
and in many cases the leadership falls into the hands of
disruptive forces that have little respect for human
rights, thus perpetuating a cycle of violence that can
linger on for years, or even decades, if not addressed at
an early stage. The Special Rapporteur therefore feels a
great obligation to report promptly on violations of
extrajudicial, summary or arbitrary executions, as the
early stages are critical for debate and strategy. A case
in point is Afghanistan, where the Special Rapporteur
intervened on several occasions. Over the last two
years, hundreds of people, including children,
humanitarian workers and prisoners, have been killed
by Taliban forces and other warring factions. The series
of large-scale killings in Afghanistan must be
investigated in order to bring the perpetrators to
justice. Indeed, the Special Rapporteur is of the opinion
that there will be no sustainable, just and stable peace
in Afghanistan if there is impunity for the perpetrators
of those widespread and systematic killings, which
might amount to crimes against humanity.
12. The Special Rapporteur has continued to follow
the situation in the Chechen Republic of the Russian
Federation, where Russian Government forces are
reported to have committed grave human rights
violations, including deliberate and targeted
extrajudicial executions of unarmed civilians.
13. The violence in the territories occupied by Israel
is a disturbing cause for gravest concern, as reports
indicate that one fourth of the victims of human rights
abuses there, including violations of the right to life,
are children and youths. During the reporting period,
the Special Rapporteur urged the Government of Israel
to ensure that Government security forces were
immediately ordered to act with restraint and to respect
international human rights standards when carrying out
their duties. She also demanded that the Government
investigate all incidents of alleged killings by
Government forces without delay and ensure that
persons responsible for such crimes are brought to
justice.
14. A cause for deepening concern for the Special
Rapporteur is the increasing incidence of large-scale
extrajudicial killings, the majority of the victims of
which are reportedly civilians, carried out by security
forces and armed groups reported to be sponsored,
supported or tolerated by Governments. Atrocities
against persons hors de combat committed by such
elements have become particularly common in the
context of internal disturbances and conflicts, but such
incidents have also been reported in relation to
conflicts with international dimensions. Such groups
are usually supported or directed by the military or
civilian intelligence services, which often results in
systematic impunity for the perpetrators of grave
human rights abuses. The Special Rapporteur fears that
the increasing role of the intelligence agencies in many
countries may lead to policies that could be detrimental
to the security of civilians' lives. This apprehension
has increased since the tragic incident of 11 September
in the United States.
15. The Special Rapporteur continues to receive a
large number of reports of violence and extrajudicial
killings, the victims of which are mostly civilians,
attributed to armed opposition groups, militia elements
and other non-State actors. It should be noted that the
Special Rapporteur's mandate allows her to intervene
only when the perpetrators are believed to be
Government agents or have a direct or indirect link
with the State. During the visits of the Special
Rapporteur there have been serious allegations of
Government-spawned groups indulging in violence,
terrorism or militancy. Such allegations are often hard
to confirm or disprove. However, the Special
Rapporteur wishes to express her deep concern over
atrocities committed by non-State actors, which
constitute serious violations of basic humanitarian and
human rights principles. She also remains concerned
that some Governments have made use of excessive
and indiscriminate force in their efforts to counter
armed opposition groups, which in some cases has
involved summary executions of captured combatants
and has resulted in extensive civilian casualties and
fatalities.
16. The Special Rapporteur wishes to emphasize that
the right to life allows for no derogations, not even in
time of public emergency that threatens the life of the
nation. This is particularly relevant at the present
juncture, when Governments should not be tempted to
misuse the international war against terrorism as a
6
A157/138
justification for human rights abuses, including
extrajudicial, summary or arbitrary executions. The
Special Rapporteur maintains that at such critical
moments of history international society must show a
firm commitment to human rights and a greater resolve
to uphold the principles of justice without
discrimination. In this context, she is equally
convinced that as long as armed groups enjoy long-
term virtual impunity, they will be able to continue
brazenly to perpetrate widespread killings of innocent
civilians.
B. Deaths due to the use of force by law
enforcement officials or persons acting
in direct or indirect compliance with
the State, when the use of force is
inconsistent with the criteria of
absolute necessity and proportionality
17. A cause for continued and deepening concern for
the Special Rapporteur is the incidence of extrajudicial
executions attributed to the police, armed forces or
public employees in cases of crimes committed in
connection with their duties, when the use of force is
inconsistent with the criteria of absolute necessity and
proportionality. Such incidents are not uncommon in
States that have a strong legacy of militarization or
where the armed forces are granted far-reaching law
enforcement responsibilities, such as, for example,
Turkey, Mexico, Honduras, Myanmar and Indonesia.
18. The Special Rapporteur noted that in a number of
countries that she visited, including Turkey (see
E/CN.4/2001/74/Add.1 and Corr.1), the bottlenecks
within Government institutions gave rise to impunity
for the offenders. Changes in governmental structures
are therefore needed in order to reintroduce checks and
balances and lighten the influence of the military over
the legislature, the executive and the judiciary. Moving
the law-enforcing agencies away from the influence of
the armed forces could also help them develop their
own expertise and acquaint themselves better with the
international and domestic human rights standards
pertaining to law enforcement. Finally, investigation
agencies should be under the command of public
prosecutors rather than under the authority of the
Ministry of Interior.
1 9. In Mexico, the Special Rapporteur was alerted to
a number of cases relating to abuse by the police and
excessive or arbitrary use of force by the military.
Some of the reports received point towards an
entrenched culture of violence among some elements
of the law enforcement authorities, who continue to
perpetrate grave human rights violations with impunity.
The anti-crime operations undertaken by the Mexican
police and military have reportedly at times involved
excessive or indiscriminate use of force and have on
occasion claimed the lives of im1ocent civilians. While
the Special Rapporteur fully appreciated the need to
curb criminality, she was concerned that some of the
measures taken by the Government, especially the
assignment of army persoimel to law enforcement
duties, could work to the detriment of the overall rule
of law and the enjoyment of human rights in Mexico.
In this context, the Special Rapporteur encourages the
demilitarization of society and discourages the
deputation of the armed forces to maintain law and
order or to eradicate crime.
20. During her mission to Honduras, the Special
Rapporteur heard accounts of excessive use of force by
police and armed forces and extrajudicial executions,
including of a large number of children. The Special
Rapporteur deplores the fact that prosecutions of
members of the armed forces for human rights
violations are rare and that investigations into the
military's role in human rights abuses have been
obstructed by the army. In this regard, the legacy of the
immense power of the military has limited the capacity
of civil institutions and delayed the growth of civil
society, thereby weakening the justice system. Civil
society is unable to challenge this situation, and the
judiciary is not independent enough to take decisions
that involve or affect the interests of the military.
21. Grave human rights violations committed by
police or army personnel while performing law
enforcement duties are also particularly common in the
context of public demonstrations in countries facing
internal disturbances and conflicts. During the period
under review, the Special Rapporteur urged the
Governments of several countries where she heard
accounts of extrajudicial killings by such forces, such
as Indonesia, India, Jamaica and Pakistan, to take
immediate steps to ensure that the right to life of
participants in demonstrations was protected and to
provide the police with training and adequate
equipment for non-lethal crowd control.
7
A157/138
C. Impunity
22. For a more detailed discussion regarding the issue
of impunity, compensation and rights of victims, see
the Special Rapporteur's earlier reports, in which she
has addressed these questions at length (for example,
E/CN.4/2000/3, section V.E, and E/CN.4/2001/9,
section V.C).
23. It is a cause for grave concern that in some
countries impunity for serious human rights violations,
including extrajudicial killings, has become systematic
and institutionalized. The Special Rapporteur observes
that justice is easily denied in societies where the
perpetrators of human rights have acquired influence
and power and the victims remain hopelessly
disadvantaged. In many countries, impunity is the
result of a weak and inadequate justice system that is
either unwilling or unable to investigate and prosecute
cases of grave human rights violations, including
violations of the right to life. In some instances, the
judiciary may be strongly influenced or even coerced
by the executive: judges are poorly trained and are
often appointed on the basis of political merits and
contacts rather than professional or academic
competence. In others, military and security forces
simply ignore or overrule court decisions. Impunity can
also be the direct product of laws explicitly exempting
public officials, parliamentarians or certain categories
of State agents from accountability or prosecution for
grave human rights abuses. During her visits to
countries, the Special Rapporteur has noted that laws
providing immunity to parliamentarians and other
public officials have tempted many leaders of criminal
gangs to enter politics simply to hide behind such laws.
Impunity can also arise from amnesty laws passed in
the interest of political stability and national
reconciliation.
24. The failure of the State to exercise due diligence
in investigating and prosecuting human rights
violations enables perpetrators to continue to commit
grave human rights violations, including extrajudicial
executions, in the knowledge that their crimes will not
result in investigation or criminal prosecution. In some
instances, Governments and the media even tend to
build public opinion campaigns that support the
cleansing of a particular group under the pretext of
trying to create a climate for economic revival. The
Special Rapporteur is concerned that such systematic
impunity leads to an atmosphere of fear among the
population and undermines citizens' trust in the law
enforcement agencies and the justice system. It also
widens the disparity between those who escape justice
and the victimized who continue to suffer miscarriages
of justice.
25. In order to overcome impunity, Governments
need to show both political will and moral courage to
confront human rights abuses by ensuring that strong,
independent and effective institutions and mechanisms
are in place to bring perpetrators to justice. These
reforms are partly under way in some of the countries
recently visited by the Special Rapporteur. In Turkey,
for instance, the Special Rapporteur noted with
satisfaction that the Government has introduced
training programmes for both members of the judiciary
and officials of the law enforcement agencies, which
will hopefully help in curbing impunity. Efforts are
also being made to enact new legislation that will
entrust entirely to an independent body investigations
into extrajudicial executions attributed to the police. In
Honduras, the Ministry of Public Security is currently
trying to purge the police force of unsuitable staff,
especially those responsible for abuses of authority or
human rights violations, while providing human rights
training to new recruits.
26. The Special Rapporteur would like to stress that
the international community has the important
responsibility to combat systematic and widespread
human rights violations, especially within regimes
where democracy is still fragile. In this regard, the
international community should support and assist
Governments and members of civil society with the
resources required, including funding and expertise, to
continue their current process of democratization and
protect the fundamental principles that the
development of democracy depends upon. In this
her reports the Special Rapporteur has
inter alia, the setting up of technical
programmes in Nepal and the
of an ombudsperson for children in
27. In addition, the international community has the
responsibility to combat systematic and widespread
human rights violations by strengthening institutions
with universal jurisdiction. The Special Rapporteur
welcomes the entry into force on 1 July 2002 of the
Statute of the International Criminal Court, which will
have the potential to serve as a powerful weapon in the
fight against impunity for grave human rights
connection, in
recommended,
cooperation
establishment
Honduras.
8
A157/138
violations, including extrajudicial, summary or
arbitrary executions. The Special Rapporteur wishes to
encourage further ratifications in order to widen the
scope of the International Criminal Court.
D. Violations of the right to life
of children
28. Over the reporting period, the Special
Rapporteur's attention was drawn to reports of
extrajudicial killings of children in Honduras,
Guatemala and Nicaragua. Many of these cases were
reported in the context of OEocial cleansing”, in which
street children are murdered or disappeared” with
impunity. As the reported cases grew increasingly
frequent, and because the situation of children is a
matter of great concern to the Special Rapporteur, she
decided to carry out a fact-finding mission to
Honduras, where allegations of extrajudicial killings of
children were received regularly. A more detailed
account of her findings on this issue may be found in
her mission report (E/CN.4/2003/3/Add.2).
29. During the reporting period, the Special
Rapporteur received documented reports of minors
under the age of 18 who were killed as a result of
excessive use of force or blatant neglect and denial of
medical care by law enforcement officials. The
majority of such acts are attributed to security officers,
private vigilante groups or units of off-duty police and
military, and are subsequently covered up by the
authorities. These killings are symptoms of deeply
rooted and complex social, economic and political
problems coupled with surging crime rates, which
continue to plague the human rights situation in these
countries. Many such children, who constitute a large
section of the world's population, have been orphaned
by civil war or unrest or abused and rejected by
disintegrated and poverty-stricken families.
30. The Special Rapporteur observed that in many
countries, the allotment of national resources for child-
related matters is not commensurate with the number of
children and is grossly inadequate to protect their
rights. There is a need to reprioritize resource
allocations so that children are placed at the centre of
all budget planning and so that priority is given to the
protection and promotion of the civil, political,
economic, social and cultural rights of children. Lack
of respect for the rights of children exposes them to
exploitation. They are sucked into gang wars and
organized crime, where they are exposed to abuse and
violence. Juvenile delinquency is then used as a
justification for the killing of children by security
forces in the name of maintaining law and order.
Indeed, numerous reports indicate that the police
systematically and routinely fail to report killings of
children to the judicial authorities, and often write
these cases off as part of gang wars and organized
crime. A cause for serious concern is the situation in
Honduras, where the climate of impunity is further
perpetuated by a lack of official condemnation of
human rights offenders and a prejudiced attitude on the
part of the media, which often refer to these killings as
OEocial cleansing operations” and portray the victims as
OEocial undesirables” impeding the economic revival of
the country.
E. Violations of the right to life of women
31. The Special Rapporteur is deeply disturbed by
increasing reports of women being deliberately targeted
and exposed to extreme violence, including
extrajudicial killings, while the perpetrators of those
human rights violations enjoy impunity for such
crimes.
32. The Special Rapporteur is deeply concerned
about the fact that social realities can compel many
women to choose the path of violence if they find no
alternative. It appears that in Nepal, the self-declared
people's war” has attracted many women, especially
among the young. This can be explained by the fact
that the position of women is traditionally weak and
subordinate in Nepalese society, rendering such
programmes, with their strong emphasis on equality,
attractive both among the growing cadre of educated
women and those of the disadvantaged in rural areas.
In this com1ection, it is worth noting that in Nepalese
society, women, especially the young, who leave their
homes find it very difficult to return and be accepted
back by their families or society in general, which
results in further marginalization and gender-based
discrimination. The Nepalese Government must take
measures to empower women so that they are not
deprived of their role in political, economic and social
life.
33. During the period under review, the Special
Rapporteur heard accounts of gender-based crimes that
thrive on impunity For example, during her mission to
Mexico she was able to observe that the deliberate
9
A157/138
inaction of the Government to protect the lives of its
citizens because of their sex, and to investigate crimes
whose victims were only young girls with no particular
social status, generates a sense of insecurity among
many women. At the same time, it indirectly ensures
that perpetrators enjoy impunity for such crimes.
34. The Special Rapporteur has further received a
considerable amount of information regarding
traditional practices, particularly honour killings”,
targeting women in many countries. In some countries,
such as Sweden, the United Kingdom and Italy, the
perpetrators are brought to justice, while in others
impunity is the norm. The perpetrators of these crimes
are mostly male family members of the murdered
women, and they go unpunished or receive reduced
sentences on the justification of having murdered to
defend their misconceived notion of family honour”.
The Special Rapporteur wishes to recall that she does
not take up all cases of such killings, but has limited
herself to acts approved or supported by Governments,
or where perpetrators enjoy impunity by receiving the
tacit support of States. In this regard, she wishes to
remind Governments that they are obliged to protect
the right of every individual to life, liberty and security
by law and to adopt all appropriate measures, including
legislation, to modify or abolish existing laws,
regulations, customs and practices that are in violation
of the human rights of women. She further refers to
article 2 of the Convention on the Elimination of All
Forms of Discrimination against Women, which makes
it obligatory for States parties to condemn
discrimination against women in all its forms, agree to
pursue by all appropriate means and without delay a
policy of eliminating discrimination against women
and, to this end, undertake ... (b) To adopt appropriate
legislative and other measures, including sanctions ...,
prohibiting all discrimination against women”. States
parties are obliged (d) To refrain from engaging in any
act or practice of discrimination against women and to
ensure that public authorities and institutions shall act
in conformity with this obligation”. They are required
(e) To take all appropriate measures to eliminate
discrimination against women by any person,
organization or enterprise” and are expected (f) To
take all appropriate measures ... to modify or abolish ...
customs and practices which constitute discrimination
against women”.
35. During her mission to Turkey, the Special
Rapporteur had the opportunity to gather information
on honour killings” of women, mostly occurring in the
east and south-east of the country Despite the
involvement of a few women's rights organizations that
reported that impunity for such cases was taken for
granted, the Special Rapporteur noted with concern
that all other non-governmental organizations dealing
with human rights were of the opinion that honour
killings” were not a human right but a social issue.
Reports from women's rights groups confirm that only
a few cases come to light, as the local authorities and
society in general condone the crime. The Special
Rapporteur welcomes the initiative of the Turkish
Government, which, as a preventive measure, runs
shelter homes; however, since existing shelters are
insufficient and ineffective in guaranteeing the right to
life of threatened women, she is dismayed that the
Government does not, as a matter of policy, arrest
family members threatening the lives of victimized
women. In this regard, the Special Rapporteur is also
concerned at the policy adopted by other Governments
to protect” potential victims of honour killings”.
While those threatening the lives of these women enjoy
total freedom, the victims are placed in prisons or
custodial and correctional homes, sometimes for years
on end. They are not free to leave these institutions
once confined to them. The Special Rapporteur
therefore considers these so-called protected women
under perpetual threat to their life.
36. A comprehensive policy has to be drawn up to
abolish practices that impinge upon the life of any
person purely because of sexual distinction. The
Special Rapporteur intends to continue to follow
individual cases to assess the level of impunity
extended to such crimes. In this connection, she would
also like to acknowledge the efforts made by some
Governments and judges in bringing the perpetrators of
such violations to justice. Their endeavours to counter
these gross violations of human rights must be
supported by the international community. In this
regard, the Special Rapporteur was particularly
encouraged to follow the work undertaken by some
leading international non-governmental organizations.
Their campaigns, along with increased media exposure,
have attracted much-needed international attention to
the practice of honour killings”.
10
A157/138
F. Violations of the right to life of sexual,
ethnic, religious or linguistic minorities
37. The Special Rapporteur wishes to note that the
continuing prejudice against members of sexual
minorities and, especially, the criminalization of
matters of sexual orientation increase the social
stigmatization of these persons. This in turn makes
them more vulnerable to violence and human rights
abuses, including death threats and violations of the
right to life, which are often committed in a climate of
impunity. The Special Rapporteur further notes that the
often tendentious media coverage of this subject
further contributes to creating an atmosphere of
impunity and indifference in relation to crimes
committed against members of sexual minorities.
38. Furthermore, the Special Rapporteur has
continued to receive serious reports of persons having
been subjected to death threats or extrajudicially killed
because of their sexual orientation. During the
reporting period she sent urgent appeals in this
connection to the Governments of Argentina, Ecuador,
Mexico, Somalia, Jamaica, Brazil and El Salvador.
During her visit to Honduras, the Special
Representative had the opportunity to talk to
representatives of sexual minorities and organizations
working to protect and promote the human rights of
these persons. Among the allegations brought to her
attention, there were several reports of death threats
against and killings of members of sexual minorities.
In 1999, a young gay man was allegedly shot dead by
private security guards close to a gas station in San
Pedro Sula. When members of a non-governmental
organization tried to report the case to the police, they
were allegedly threatened and verbally abused at the
police station. The Special Rapporteur was told that no
investigation into this killing had been carried out.
Similarly, in May 2001 a transsexual sex worker was
reportedly murdered behind the San Pedro Sula
Cathedral. While it is reported that the police removed
the body from the scene, it is alleged that no
investigations into the case have been initiated. Non-
governmental sources alleged that some 200 gay and
transsexual sex workers were killed in Honduras in the
period from 1991 to 2001. Reportedly, few of these
cases have ever been officially recorded, and fewer still
investigated.
39. The Special Rapporteur acted on behalf of a
variety of persons considered to belong to national,
ethnic, religious and/or linguistic minorities in their
respective countries. Urgent appeals were sent to
Brazil, China, Colombia, India, Indonesia and Pakistan.
In addition, the Special Rapporteur sent allegations of
violations of the right to life to the Government of the
Democratic Republic of the Congo. A cause for
concern is the situation of the Uighur community in
China, which reportedly continues to be exposed to
grave human rights abuses at the hands of the Chinese
authorities. The Special Rapporteur is also concerned
that members of indigenous communities in a number
of Latin American countries continue to be exposed to
violence and attacks, including extrajudicial killings.
The Special Rapporteur sent an urgent appeal to the
Government of Brazil expressing her concern over the
safety of members of the Macuxi and Wapixana
communities, as well as persons working directly with
them. She also wrote to the Government of Colombia,
following reports that police officers had forcibly
evicted members of the U'wa community in Cedeno
and La China, in the municipalities of Cubara and
Toledo, north of Santander. Reports indicated that three
minors had lost their lives as a result of this operation.
It was further alleged that 11 adults and 4 children
between 5 and 10 years of age had disappeared in
connection with the incident.
40. In this context, the Special Rapporteur wishes to
express her particular alarm over reports from China
describing a large number of cases in which detainees,
many of whom were followers of the Falun Gong
movement, had died as a result of severe ill-treatment,
neglect or lack of medical attention. She takes
particular note of allegations that 15 female prisoners,
all reportedly members of the Falun Gong movement,
died as a result of torture in June 2001 in Wanjia
Labour Camp in Heilongjiang Province.
G. Capital punishment
41. In the discharge of her mandate, the Special
Rapporteur takes action in cases of capital punishment
in which there is reason to believe that international
restrictions pertaining to the use of the death penalty
are not respected. These provisions of international
law, along with a number of resolutions adopted by
United Nations bodies, stipulate that capital
punishment shall be allowed only as an extreme
measure for the most serious crimes and only in cases
where the highest standards of fair trial are met.
11
A157/138
Furthermore, under international law the death penalty
shall not be applied to juvenile offenders, expectant or
recent mothers or persons suffering from mental illness
or handicap. The Special Rapporteur has discussed
these issues at length in her reports to the Commission
on Human Rights (most recently in E/CN.4/2001/9,
section V.F, and E/CN.4/2002/74, section V.F).
42. Capital punishment for juvenile offenders is
prohibited under international law. The Convention on
the Rights of the Child, which has been ratified by all
States except the United States of America and
Somalia, unequivocally excluded the use of the death
penalty for persons accused of crimes committed
before the age of 18. The same restriction is also found
in article 6, paragraph 5, of the International Covenant
on Civil and Political Rights. During the period under
review, the Special Rapporteur has intervened in cases
of juvenile offenders facing the death penalty in the
Democratic Republic of the Congo, India, the Islamic
Republic of Iran and the United States of America.
43. During the present reporting period, the Special
Rapporteur has also acted on cases in which persons
suffering from mental handicap or illness have been
sentenced to death in the United States and Yemen. She
notes that in its resolution 1989/64 the Economic and
Social Council recommended that States strengthen the
protection of the rights of those facing the death
penalty by, inter alia, eliminating the death penalty for
persons suffering from mental retardation or extremely
limited mental competence. Moreover, the Safeguards
guaranteeing protection of the rights of those facing the
death penalty” (Council resolution 1984/50, aimex)
stipulate that the death penalty shall not be carried out
on persons who have become insane.
44. The death penalty should not be imposed for
crimes that do not fall within the category of the most
serious crimes”, as stipulated in article 6, paragraph 2,
of the International Covenant on Civil and Political
Rights. Moreover, paragraph 1 of the Safeguards
guaranteeing protection of the rights of those facing the
death penalty” states that the scope of crimes subject to
the death penalty should not go beyond intentional
crimes with lethal or other extremely grave
consequences.
45. Most countries with a mature legal system have
removed the death penalty from their laws. Other
States that retain it find it difficult to ensure that all
restrictions and standards guaranteeing fair trial are
met in each and every case. The Special Rapporteur
and her predecessor have tried to draw attention to the
fallibility of even the best of legal systems, and the
lack of capacity in a number of retentionist countries
for observing relevant safeguards and limitations when
applying the death penalty. She notes that even in
retentionist countries with an overall strong legal
system, safeguards required to ensure a fair trial have
sometimes been found missing on appeal, and even
after the appeal stage. This raises the possibility that
cases that have not been pursued vigorously escape the
attention of the legal system. The Special Rapporteur
urges Governments to provide comprehensive
information on cases in which the death penalty has
been imposed to national and international human
rights organizations so that they are able to ensure that
all safeguards and guarantees applicable in imposing
the death penalty have indeed been observed. In the
experience of the Special Rapporteur, some countries
do not even give access to simple data on the death
penalty. Information on the subject is not shared by
many Governments, and there is a lack of transparency
in the circumstances surrounding the imposition of
death penalty.
V. Conclusions and recommendations
46. In addition to the concluding remarks and
recommendations presented in her last two reports to
the Commission on Human Rights (E/CN.4/2001/9,
section VII, and E/CN.4/2002/74, section VII), the
Special Rapporteur wishes to draw attention to the
following:
Conclusions
47. The root causes of extrajudicial killings and
the need for their prevention have by now been
repeated over and over again in the reports of the
Special Rapporteur and her predecessor. These are
being addressed by countries that are sincere in
upholding the rule of law. Others pretend to follow
the recipe but do not follow up with resolve.
48. There is a growing expectation for the United
Nations to intervene in situations of armed conflict
and where extrajudicial killings persist. The high
expectations are often unrealistic given the
resources at the disposal of the United Nations.
frowever, this call for United Nations action should
12
A157/138
be seen as a clear indication of the desire of the
people and the need for a neutral referee.
Recommendations
49. Governments are urged to demilitarize their
societies and train law enforcement agencies in
dealing with civilians, particularly during public
demonstrations.
50. The judicial system is key in controlling
human rights abuses. The judiciary must be
independent, and investigations in cases of
extrajudicial killings must be carried out
impartially and without influence.
51. There is an urgent need to respect the lives of
children. Governments must monitor the situation
and devise comprehensive policies to end killings of
children by the police or armed groups.
52. Non-governmental organizations must have
free access to data and related information on death
penalty cases.
13
