Aadel Collection
Report of the Special Rapporteur, Ms. Asma Jahangir, submitted pursuant to Commission on Human Rights resolution 1998/68
UNITED
NATIONS
E
Distr.
Economic and Social GENERAL
Council
E/CN.4/1999/39/Add.1
6 January 1999
Original: ENGLISH
COMMISSION ON HUMP N RIGHTS
Fifty—fifth session
Item 11 (b) of the provisional agenda
CIVIL AND POLITICAL RIGHTS, INCLUDING QUESTIONS OF:
DISAPPEARANCES AND SUMMARY EXECUTIONS
Extrajudicial, summary or arbitrary executions
Report of the Special Rapporteur, Ms. Asma Jahangir, submitted
pursuant to Commission on Human Rights resolution 1998/68
Addendum
Country situations
CONTENTS
Paragraphs Page
1— 3 4
I. COUNTRIES . .
Afghanistan
Albania . .
Algeria . .
Armenia . .
Azerbaij an
Bahamas . .
Bahrain . .
Belarus . . .
Bhutan . . .
Brazil . . .
4 — 269 4
4— 7 4
.. 8— 9 5
. . 10— 14 5
.. 15— 17 6
. . 18— 22 7
.. 23— 27 8
. . 28— 35 9
36 10
37— 39 10
40— 46 11
Introduction
GE.99—10026 (E)
E/CN. 4/1999/39/Add.1
page 2
CONTENTS ( continued)
Paraora hs Paoe
Eulgaria . . . . . 12
Eurundi . . . . . . 13
China . . 14
Colombia . . . . . 16
Costa Rica . . . . 22
Democratic Repub 22
Egypt . . 24
Ethiopia . . . . . 25
France . . . . . . 26
Germany . . . . . . 26
Guatemala . . . . . 26
Honduras . . . . 28
Indonesia and . . 28
India . . . . . . 30
Iran (Islamic ) . 31
Iraq . 33
Israel . . . . . . . . . 34
Japan . . . . . 35
Kazakhstan . . . . . . . 36
Liberia . . . . . . . . . 36
Malaysia . . . . . . . . 36
Mexico . . . . . . . . . 36
Morocco . . . . . . . . . 42
Myanmar . . . . . . . . . 42
Nepal . . . . . 44
Nigeria . . . . . . . . . 45
Pakistan . . . . . . . . 45
Panama . . . . . . . . . 47
Paraguay . . . . . . . . 47
Peru . . . . . 48
Philippines . . . . . . . 50
Republic of Korea . 52
Russian Federation . . . . . 52
Rwanda . 52
Saudi Arabia . 54
Senegal . 55
Sierra Leone . 55
Singapore . 56
Spain . 56
Sri Lanka . 57
Sudan . 58
Tajikistan . 59
Thailand . 59
Trinindad and Tobago . . . . 60
Tunisia . 60
lic of the
East Timor
Republic of
Congo
47—50
51— 52
53— 57
58— 63
64— 65
66— 71
72— 75
76— 79
80
81— 82
83— 88
89— 91
92— 97
98 — 101
102 — 111
112 — 118
119 — 121
122 — 125
126
127
128
129 — 162
163
164 — 168
169 — 171
172 — 176
177 — 183
184 — 187
188
190 — 193
194 — 201
202
203 — 204
205 — 211
212 — 213
214 — 215
216 — 219
220 — 221
222
223 — 228
229 — 231
232
233 — 236
237 — 238
239
E/CN.4/1999/39/Add. 1
page 3
CONTENTS ( continued)
ParaQra hs PaQe
Turkey 240 - 247 61
Turkmenistan . 248 - 249 62
United Kingdom of Great Britain and
Northern Ireland . . . . . 250 — 253 62
United States of America 254 — 257 64
Venezuela 258 - 263 66
Yugoslavia 264 - 269 67
II. OTHERS 270 — 271 69
Palestinian Authority 270 - 271 69
E/CN. 4/1999/39/Add.1
page 4
Introduction
1. This addendum to the report on extrajudicial, summary, or arbitrary
executions describes 62 country situations and gives an account of actions
undertaken by the Special Rapporteur between 3 Nover er 1998 and
15 November 1998. It also contains in summary form the replies received from
Governments to her communications, as well as observations of the Special
Rapporteur where appropriate.
2. Owing to restrictions on the length of documents, the Special Rapporteur
was obliged to reduce considerably details of communications sent and
received. As a result, requests from Governments to publish their replies in
their totality could not be acceded to. For the same reason, responses from
sources to requests of the Special Rapporteur, although of great importance to
her work, are only reflected very briefly in the report.
3. In the report, the dates included in parentheses refer to the dates of
Government replies and those of transmission of urgent appeals. The dates on
which the Special Rapporteur transmitted allegations of violations of the
right to life, that is 27 May 1998, 18 September 1998, 8 October 1998, and
23 October 1998, are not mentioned in the report.
I. COUNTRIES
AfQhanistan
4. Communications continued to be received concerning trials resulting in
the death penalty that lack the minimum safeguards established by
international law. The Special Rapporteur was informed from various sources
that in many cases, sitting judges lack sufficient legal training and decide
cases within a matter of minutes. Furthermore, sources claimed that there are
no provisions ensuring defendants the right to legal counsel and an
appropriate judicial appeals process.
5. For an in-depth analysis of the human rights situation in the country,
the Special Rapporteur refers to the report submitted by the Special
Rapporteur on the situation of human rights in Afghanistan to the Commission
on Human Rights at its fifty-fifth session (E/CN.4/1999/40) .
Communications sent
6. The Special Rapporteur sent an urgent appeal to the Taliban authorities
regarding their takeover of Mazar—I—Sharif and the reported killings resulting
thereafter. The appeal was on behalf of hundreds of civilians, mainly from
the Hazara ethnic and religious minority, who were reportedly killed in their
homes, streets, and detention camps. The communication also addressed the
deaths of nine Iranian diplomats who were said to be killed in this military
operation as well as the deaths of many Hazara prisoners who reportedly
suffocated in metal containers during their transfer to a military base. The
Special Rapporteur also pronounced her concern for the lives of Hazara Shias
living in Bamyan, another area seized by the Taliban authorities on
13 September 1998 (18 Septer er 1998) .
E/CN.4/1999/39/Add. 1
page 5
Ob 5 Vat on
7. The Special Rapporteur is dismayed by the reports received in November
about the discovery of mass graves of Taliban fighters in northern
Afghanistan. She is further alarmed by the fact that journalists and human
rights defenders currently have very limited access to this country and that
they are often subject to reprisals for their reporting. She feels that the
silence produced by such a situation can only aggravate the impunity being
practised by both sides of the current conflict in Afghanistan.
Albania
Requested visit
8. The Special Rapporteur transmitted to the Government of Albania a
request for an invitation to visit the country so as to better assess the
human rights situation and the allegations and reports that continue to be
received. Although there were not any individual cases that the Special
Rapporteur could act upon because of the insufficiency in information
received, she remains concerned at the persistent allegations of
extrajudicial, summary, or arbitrary executions (29 Septer er 1998) .
Ob s e r vat i on s
9. The Special Rapporteur would like to express her concern about the
continued reports that she receives about the continued lawlessness and
impunity in this country, which often lead to the violation of the right to
life.
Alqeria
10. During the period under review, the Special Rapporteur received several
allegations of violations of the right to life in Algeria. Most worrying is
the continued reports of massacres of unarmed civilians, including women and
children. Although these were allegedly committed by insurgent groups, State
security forces reportedly made no effort to stop or prevent their occurrence,
even when these forces were said to have been in close proximity to the
killings or had knowledge of the situation.
Communications sent
11. During the period under review the Special Rapporteur transmitted the
following allegation of violations of the right to life to the Algerian
Government regarding massacres of which sources claim the authorities were
notified or were located in close proximity to where they were taking place,
and which they failed to stop: the killing of at least 200 unidentified
individuals allegedly killed by attackers in Benthala (Baraki) on the night of
22/23 September 1997; at least 60 unidentified persons reportedly killed by
attackers in Sidi Youssef (Beni Messous) on the night of 5 September 1997; up
to 300 people allegedly killed the night of 28 August 1997 in Sidi Rais; and
the killings of 412 individuals on the night of 30 December 1997 in Relizane
province.
E/CN. 4/1999/39/Add.1
page 6
Communications received from the Government
12. The Government sent the following corcoeunications to the Special
Rapporteur:
(a) The Government replied to the allegations transmitted by the
Special Rapporteur, asking for clarification in the case of the 15 persons
reportedly taken from their homes in Ras—El—Oued on 21 July 1994 by military
personnel and allegedly killed. The Government stated that hearings for this
case were conducted at the S tif tribunal on 17 June 1997, 22 July 1997, and
17 September 1997. Representatives of the individuals' families were present
and several witnesses were heard. The Algerian authorities promised to keep
the Special Rapporteur notified of any further developments in this case
(18 December 1997);
(b) The Government also responded to the Special Rapporteur's joint
request for a visit to Algeria with the Special Rapporteur on the question of
torture, stating that owing to previous obligations, the visit would not be
possible at the proposed time but that the Government would be willing to
discuss such a visit in March 1998 (10 December 1997) .
Follow—un
13. The Special Rapporteur remains interested in visiting Algeria, a
proposal that was initiated by her predecessor, and hopes that the Algerian
Government will be amenable to continuing dialogue with her about such a
visit.
Ob s e r vat i on s
14. The Special Rapporteur thanks the Government for its cooperation with
her mandate and its replies to her communications. Nevertheless, she remains
preoccupied by the impunity with which paramilitary groups appear to act
against civilians in the country and suggests that true freedom of the press
and the ability of human rights groups to act freely in Algeria might
alleviate some of these problems.
Armeni a
15. Allegations have been received by the Special Rapporteur concerning law
enforcement personnel who have used physical or other means of duress to
obtain confessions in cases where the offence carries a possible death
sentence. The Special Rapporteur was also informed that under Armenian Law,
the death penalty can be applied for economic crimes.
Communications received from the Government
16. The Government replied to the follow—up inquiries of the Special
Rapporteur concerning the case of Rudik Vardanian. The outcomes of the
proceedings against the accused police officers were detailed in this
communication. The Government informed the Special Rapporteur that two of the
police officers, Samvel Jaghinyan and Arthur Atarbeekyan, were convicted on
charges of abuse of power and discretion. The third police officer,
E/CN.4/1999/39/Add. 1
page 7
Rouber Antonyan, had been charged with the same offence and his case was still
pending at the time of correspondence. The Government also mentioned that the
charges of intentional homicide in aggravated circumstances were dropped
because of lack of evidence (5 December 1997) .
Ob s e r vat i on s
17. The Special Rapporteur welcomed the President's continued de facto
moratorium on executions and parliament's intention to abolish the death
penalty through the new Armenian Criminal Code. Both of these acts are viewed
as representative of the country's commitment to abolition and the Special
Rapporteur is pleased to see the policies of the Government in harmony with
the international consensus favouring abolition.
Azerbaijan
Communications received from the Government
18. The Special Rapporteur received a corcoeunication, dated 20 February 1998,
from the Government in reply to the allegations sent on behalf of
Rovshan Djadavov, Shamardan Djafarov, and Aypara Aliev.
19. Concerning the case of Rovshan Djavadov, the Government described in
detail the events leading up to his death including his attempted coup and
takeover of the disbanded police unit base. The Government maintained that
Mr. Djavadov was shot during a skirmish with government troops and died in an
ambulance on the way to the hospital despite the efforts of doctors. An
investigation was conducted into the claims that Mr. Djavadov was refused
medical treatment which found the allegations to be unsubstantiated. The
Government also refuted allegations that criminal charges had been filed
against members of Mr. Djavadov's immediate family.
20. Concerning the death of Shamardan Djafarov, the Government insisted that
he was wounded by law enforcement personnel during an attempted act of
terrorism. It further stated that after undergoing emergency surgery,
Mr. Djafarov was admitted to the infirmary with the authorization of his
physicians. His condition began to deteriorate and he was transferred to the
medical facility of the Ministry of Justice where he was placed in intensive
care. It was in this intensive care unit and under the emergency care of
doctors that Mr. Djafarov died. Furthermore, all criminal proceedings pending
against, Mr. Djafarov had been dropped; it had been determined that the
actions of the police officers involved in the shooting did not constitute a
crime.
21. Concerning the death of Aypara Aliev, the Government explained that
Mr. Aliev was indicted on suspicion of complicity in a crime and was detained.
During his detention, the Government maintained that his health deteriorated
for which he received medical treatment, despite which his condition worsened.
He was then transferred to the medical facility of the Ministry of Justice.
After being diagnosed with cirrhosis of the liver, Mr. Aliev remained in
intensive care where he was treated by prominent medical specialists for three
months. He nevertheless died. The Government refutes
E/CN. 4/1999/39/Add.1
page 8
allegations that Mr. Aliev died because of a lack of medical treatment. The
Government further stated that neither Mr. Aliev's relatives nor his lawyer
had filed any complaints regarding the forensic report or the investigation
into the matter.
Ob s e r vat i on s
22. The Special Rapporteur thanks the Government for the numerous replies
sent during the period under review. She also commends the Government for
taking further measures to promote and protect the human rights of its
citizens.
Bahamas
23. Two executions were carried out in the Bahamas during 1998. The
executions of Trevor Fisher and Richard Woods marked the end of a two—year
period in which no executions took place. These death sentences were among
only two others that have been carried out in the past 14 years.
Communications sent
24. Two urgent appeals were sent on behalf of Trevor Fisher, who was
sentenced to death for murder in 1994. The first was transmitted after the
Special Rapporteur became aware that the execution was scheduled to take place
despite his pending appeal with the Inter-American Commission on Human Rights
(1 April 1998) .
25. The second appeal was sent one day before Mr. Fisher's scheduled
execution. At that time, the Inter— American Commission on Human Rights was
still considering his petition. Despite the pending appeal and the requests
of the Special Rapporteur, Trevor Fisher was executed on 15 October 1998
(14 October 1998) .
Communications received from the Government
26. The Government replied to the urgent appeals sent by the Special
Rapporteur on behalf of Trevor Fisher. The communication stated that
Mr. Fisher had been afforded every procedural and substantive due process
right as guaranteed under the Constitution and laws of the Bahamas. The
Government also detailed the numerous appeals filed by Mr. Fisher and the
subsequent dismissals he received from each judicial body. Concerning his
pending petition with the Inter-American Commission on Human Rights, the
Government explained that numerous requests to deal with the matter were made
to the Corcoeission. The Government pointed to the case of Earl Pratt and
Another v. The Attorney General of Jamaica and maintained that only a
reasonable period should be accorded to the Inter—American Commission to
decide particular cases. The Government maintained that Trevor Fisher was
afforded this and all other legal opportunities to air his grievances
(17 June 1998) .
E/CN.4/1999/39/Add. 1
page 9
Ob 5 Vat on
27 . The Special Rapporteur was concerned to see further executions taking
place in the Bahamas during 1998. The Special Rapporteur remains concerned at
the mandatory death sentences for murder convictions and sees this as
contradictory to the international trend towards abolition of the death
penalty.
Bahrain
28. The Special Rapporteur continued to receive reports of extrajudicial,
summary or arbitrary executions resulting from the excessive use of force by
the security forces. The majority of these allegations concerned instances of
protest, demonstration and religious gatherings. Communications claiming that
poor sanitation facilities and the denial of proper medical care within the
prison system had led to deaths were also received during the period under
review.
Communications sent
29. The Special Rapporteur transmitted allegations regarding violations to
the right to life on behalf of the following three persons:
(a) Nooh Khalil Al-Nooh, reportedly arrested on 19 July 1998 in
Manama. His body, allegedly bearing marks of torture, was delivered to his
family by the Ministry of the Interior two days later;
(b) Abd Ali Jasim Isa Yousif, a prisoner who died on 8 August 1998
after reportedly contracting hepatitis while incarcerated and being denied
adequate medical care during his imprisonment;
(c) Mohammed Al-Sayyah, who reportedly died on 30 Septer er 1998
because of injuries inflicted by a member of the police force.
Communications received from the Government
30. The Government of Bahrain provided replies to several communications
sent by the Special Rapporteur in 1997. Concerning the case of Bashir Abdulla
Ahmed Fadhel, who was allegedly beaten to death by members of the security
forces, the Government provided autopsy reports and a death certificate that
identified the cause of death as an overdose of morphine (17 November 1997) .
31. In its reply to the case of Abdul Zara Ebrahim Abdullah Ebrahim, who
reportedly died from a severe beating inflicted by security forces, a death
certificate explaining the cause of death as sickle—cell anaemia was provided
(17 November 1997) .
32. The Government also provided an autopsy report and death certificate for
Ali Mirza Al Nakkas categorically refuting all allegations by the source. The
information from the Government suggests that he died from a long
asthma—related illness, was under close medical supervision, was allowed
family visits, and was buried by his family the day after he died
(17 November 1997) .
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Ob 5 Vat ions
39. The Special Rapporteur would like to thank the Government for its swift
and thorough reply. She would also like to commend the Bhutanese authorities
for implementing and following through with effective practices that prevent
the violation of the right to life.
Brazil
40. The Special Rapporteur was informed that during the past two years, the
average number of deaths resulting from police action has doubled. Sources
attribute this to the reported policies of the state government such as
rewarding police financially for shooting or wounding criminal suspects. The
deaths have also been blamed on the Government's failure to deal with human
rights violations. Furthermore, reports have continued to be received
concerning the extrajudicial, summary or arbitrary execution of human rights
defenders in the country, street children and persons held in detention.
Communications sent
41. The Special Rapporteur transmitted two urgent appeals to the Government
on behalf of the following persons:
(a) Vagner Marcos da Silva, members of his family, and other witnesses
who were planning to testify against the police from the Second Battalion for
reportedly planting drug paraphernalia and a gun on Mr. da Silva after they
had shot him twice. It was further claimed that Mr. da Silva was denied
appropriate medical treatment in the prison hospital where he was detained
(23 January 1998) ;
(b) Cecilia Coimbra and other members of the Grupo Tortura Nunca Mais
(GTNM) who reportedly received numerous death threats and other forms of
intimidation following their public statements about two generals who were
said to have corcoeitted numerous human rights violations. These public
denunciations followed the President's promotion of the two generals. The
police reportedly refused to offer the members of GTNM protection
(27 April 1998) .
42. The Special Rapporteur also sent individual allegations to the
Government regarding violations to the right to life on behalf of individuals.
These included Francisco de Assis Araujo, a human rights activist for the
indigenous population reportedly shot dead on 20 May 1998 because of his vocal
defence of the land rights of native Kucuru, and Onalicio Araujo Barros and
Valentin Serra, leaders of the Movement of Landless Rural Workers who were
reportedly killed on 26 March 1998 during negotiations concerning the
occupation of land by 500 families.
Communications received from the Government
43. The Government transmitted many replies to the Special Rapporteur's
communications. In response to the urgent action sent on 27 April 1998
calling for the protection of Cecilia Coimbra and other members of the Grupo
Tortura Nunca Mais, the Government explained that the Rio de Janeiro Secretary
E/CN. 4/1999/39/Add.1
page 12
for Public Security had determined that a stronger police presence was needed
in the area near the GTNM office. Mrs. Coimbra was advised to report to the
police all information relevant to the death threats. The Government stated
that all relevant information pertaining to this matter would be submitted to
the Special Rapporteur (23 July 1998) .
44. In response to the allegations concerning the case of Vagner Marcos
da Silva, the Government stated that he was one of the drug traffickers
involved in an intense exchange of gunfire with the police and was injured at
that time. Investigations into the matter by the Public Security Secretary
and the Public Prosecution Service of the State of Rio de Janeiro disproved
the claims of arbitrary action by the police and Mr. da Silva's innocence.
The First Criminal Court indicted Mr. da Silva on charges of drug trafficking,
criminal association and attempted homicide and his trial is now pending
(12 October 1998) .
45. Concerning the case of Onalicio Araujo Barros and Valentin Serra, the
Government informed the Special Rapporteur that the Parauapebas city
prosecutor had investigated the matter and indicted 25 individuals, including
two police officers and two military policemen, on charges of qualified
homicide. Furthermore, the Government stated that in the case of
Francisco de Assis Araujo, the National Foundation for the Indians had
appointed one of its technical experts to follow the investigation and hearing
of witnesses. A lawyer nominated by the Foundation will closely follow the
case as soon as the legal proceedings begin in the courts (12 October 1998) .
Ob s e r vat i on s
46. The Special Rapporteur commends the Government's efforts to improve the
human rights situation in the country through the establishment of the
National Human Rights Programme and the National Human Rights Secretariat
within the Ministry of Justice. She also appreciates the thorough and timely
replies that have been received during the period under review. She calls on
the Government to continue acting on its commitment to ensuring the human
rights of its citizens by instituting the necessary structural reform within
the governmental bodies that continue to allow impunity for violations. Such
impunity remains the primary cause for the continued extrajudicial executions
carried out by police personnel.
BulQaria
Communications sent
47. The Special Rapporteur transmitted an allegation regarding the violation
of the right to life on 27 May 1998 on behalf of Petar Robert Karandzha, who
was shot and killed while attempting to escape from a detention facility. The
actions taken by the police were reportedly disproportionate and unnecessary
under the circumstances.
Communications received from the Government
48. The Government replied to the follow—up inquiries of the Special
Rapporteur concerning the case of Kostadin Timchev. The reply explained that
E/CN.4/1999/39/Add. 1
page 13
the recent amendments to the Penal Code of Procedure gave the Regional
Military Prosecutor's Office the responsibility of conducting investigations
against police officers. The preliminary inquiry in the case had been
completed, the defendants brought to court and the case is pending.
Defendants Markov, Todorov, Stoytchev, Hristov and Dimitrovgrad had all been
indicted under various charges in connection with the case (26 February 1998) .
49. The Government also responded to the allegations sent on behalf of
Petar Robert Karandzha. It stated that after Petar Robert Karandzha pushed
the security guard and escaped from the building, the police officer followed
him and repeatedly ordered him to stop. When these orders were not obeyed,
the officer fired a warning shot into the air and warned that he was going to
use his gun. The officer then fired two more warning shots into the air and
when Petar Robert Karandzha failed to stop, the officer fired at him in
accordance with article 80, paragraph 1, item 5, of the Act of the Ministry of
Interior. Mr. Karandzha was ircoeediately taken to an emergency medical
institute but died despite the doctors' efforts. During the investigation
into the matter, the officer was suspended from work and his gun was taken
away. Investigations into the matter by the police and the Military
Prosecutor's Office both found that no crime had been committed by the officer
(30 October 1998) .
Ob s e r vat i on s
50. The Government's prompt replies to the allegations were welcomed
and viewed as indicative of its commitment to cooperate with the
Special Rapporteur in carrying out her mandate.
Burundi
Communications sent
51. The Special Rapporteur transmitted an urgent appeal jointly with the
Special Rapporteur on the situation of human rights in Burundi on behalf of
Corneille Karikurubu, Liberat Ntandikiye, Jean Berchmans Ngendakimana,
Joseph Nteziriba, Jackson Hatungimana, Avite Minani, Alphonse Nsabimana,
Placide Uwimana, Jean Bosco Ndikumana, Karuyi Province, and Anaclet Mukanara,
allegedly sentenced to the death penalty by the Court of Cassation for having
participated in the massacres of Tutsis that took place after the
assassination of Mr. Melchior Ndadaye. It is reported that the trials of
these individuals did not meet the international standards for fair trials.
Also addressed in this communication was the case of Mr. Gaetan Bwanpaye,
allegedly sentenced to death without the benefit of a lawyer for his trial,
nor the ability to postpone the trial until one could be obtained. In
addition, it is reported that the subject's witnesses were intimidated and his
house was ransacked (23 December 1997) .
Ob s e r vat i on s
52. The Special Rapporteur regrets that no replies to communications to the
Government of Burundi have been received for several years.
E/CN. 4/1999/39/Add.1
page 14
China
53. It has been brought to the attention of the Special Rapporteur that
during the 1990s, reported executions in China outnumber the aggregate total
of reported executions from the rest of the world combined. More than 3,152
people were allegedly sentenced to death in 1997 with 1,876 people reportedly
being executed. While this nur er represents a decrease from 1996, it is
consistent with the figures for the previous three years.
54. The Special Rapporteur continued to receive reports in which the death
penalty was handed down for non—violent crimes such as fraud, forgery, and
drug—related and economic—related offences. According to the information
received, 662 persons reportedly received death penalty and 437 executions for
drug—related crimes were carried out. Information continues to be received
concerning trials resulting in the death penalty that do not meet
international standards and safeguards. This includes reports that executions
have been carried out within one week of arrest.
Communications sent
55. The Special Rapporteur transmitted allegations regarding violations to
the right to life on behalf of a Tibetan monk named Yeshe Samten, who
allegedly died on 12 May 1998 as a result of torture inflicted upon him by
prison officials at Trisam prison. He was reportedly arrested for protesting
a governmental ban on the display of pictures of the Dalai Lama.
Communications received from the Government
56. In a communication dated 21 January 1998, the Government of China
responded to numerous inquiries into individual allegations sent by the
Special Rapporteur on 1 September 1996. These included the following:
(a) Regarding the case of Sangye Tenphel, a 19—year—old monk who
allegedly died as a result of beatings by prison guards, the Government
asserted that tubercular meningitis was the cause of death, despite the
efforts of hospital personnel;
(b) Concerning the case of Tian Zhijia, Tian Zhiquan, and Zhao Lian,
three men executed for allegedly robbing a van full of banknotes, the
Government confirmed the arrests and convictions and quoted article 150,
paragraph 2, of the Penal Code as the appropriate legal remedy;
(c) In the case of Bulu Kuao, Ulu Kian, Cao Jian, and Yan Jiao, four
men accused and convicted of killing rare animals under the protection of the
Government and smuggling ivory, the Government confirmed the convictions and
death sentences that were issued by the Kishuangbanna Autonomous Prefecture
People's Court;
(d) Regarding the case of Kelsang Thutop, a Tibetan monk who was
alleged to have died in Drapchi prison as a result of malnutrition and
inadequate medical treatment, the Government confirmed reports that he was
E/CN.4/1999/39/Add. 1
page 15
arrested for fomenting separatism, illicit border crossing and espionage.
While serving out his 18—year sentence, he died after contracting cerebral
tuberculosis and efforts by the hospital to save him were unsuccessful;
(e) The Government refuted allegations sent concerning 270 drug
offenders who were reportedly executed on 30 June 1995 after a mass sentencing
rally in Urumgi city. According to sources, Li Buchao, Li Fuhai, Si Junchao,
Feng Zhihe, Ma Zhiren, Luo Chengcai, Li Zhidong, Yang Wenun, Ma Zhengfu,
Jin Baoyu, Song Wen were all executed with 259 other unidentified convicted
drug offenders. The Government admitted that Li Bochao, Li Fuhai,
Si Junchao, Ma Zhiren and Feng Zhihe were executed on 30 June 1995 after being
convicted of drug peddling. Their cases had been heard by the court in
accordance with the procedures laid down in the Code of Criminal Procedure.
No others were executed at that time, but 23 judgements concerning individual
drug peddlers were pronounced on 30 June 1995 by the court in a total of eight
cases. Four of these resulted in death sentences handed down to Luo Chengcai,
Yang Wenun, Li Zhidong, and Ma Zhengfu. Death sentences with a two—year stay
of execution were given to Song Wen and Jin Baoyu. The remaining 17
defendants were given sentences ranging from six years to life imprisonment;
(f) The Government also provided a reply to the case of Lin Huixiong,
Lin Yiukuan, Qui Guibiao, Lin Yi, Mo Quianguang, Mo Qianzuo, all convicted of
speculation and profiteering under articles 118 and 134 of the Penal Code. It
was confirmed that all six were given the death penalty. In the case of
Huang Quianggiu, he was convicted of taking bribes and the death sentence was
also handed down in his case;
(g) he Government further refuted allegations in the case of
Wang Jianye. According to sources, he was charged with taking advantage of
his post and accepting bribes, at which point he fled to Thailand. His
extradition was reportedly preceded by a promise from Chinese officials that,
if convicted, he would not be given the death penalty. Confirming that
Wang Jianye was prosecuted and given the death penalty for accepting bribes,
embezzlement, corruption, bigamy and illegally crossing the border, the
Government denied that promises had been made in exchange for his extradition
(21 January 1998) .
Ob s e r vat i on s
57. The Special Rapporteur would like to thank the Government for its prompt
and thorough replies. The Special Rapporteur welcomes the efforts by China to
improve on its human rights record and meet the standards established by
international law by signing the International Covenant on Civil and Political
Rights and revising the Criminal Procedure Law in 1997. The Special
Rapporteur was also pleased to note that the revisions to the Criminal Code
will serve to better protect the rights of defendants in criminal cases.
However, the Special Rapporteur continues to be concerned at the great extent
to which the country applies the death penalty and regrets that the revisions
to the Criminal Procedure Code fail to decrease the nur er of capital
offences.
E/CN. 4/1999/39/Add.1
page 16
Co 1 or i a
58. The Special Rapporteur continued to receive great numbers of allegations
of the violation of the right to life during the period under review in
Colombia. The majority of these allegations regarded human rights violations
by paramilitary groups, indicating that despite the stated intentions of the
Government, the situation has not changed significantly since the last report.
Reports continue to claim that civilian populations are those most targeted by
both sides of the ongoing civil conflict.
Communications sent
59. The Special Rapporteur transmitted eight urgent appeals to the
Government of ColorcJiia, requesting it to take the necessary measures to
protect the physical integrity and right to life of the following persons, who
had received death threats from members of the security forces and
paramilitary groups except where indicated to the contrary:
(a) Human rights activists:
(i) On behalf of all human rights activists in the country,
following the alleged murder of Dr. Eduardo Umana Mendoza, a
well-known human rights lawyer. He was reportedly killed in
Bogota on 18 April 1998 by two unidentified men and a woman,
supposedly connected to paramilitary groups (23 April 1998);
(ii) Maria Eugenia Cardenas, her family, and other members of the
Asociacion de Familiares de Detenidos y Desaparecidos
(ASFADDES) in the department of Caldas, after the alleged
killing of J 05 Maria Cardenas. He was the cousin of
Maria Eugenia Cardenas and was reportedly killed on
3 Decer er 1997 in the town of Riosucio by two armed men
in military uniforms. Souces assert that in the past,
members of the Cardenas family had been the victims of human
rights violations, a fact which appears to be linked to
Mrs. Cardenas's position as the director of ASFADDES in
Riosucio (10 December 1997);
(b) Indigenous populations: Florentino Domico, Teofan Domico,
Delio Domico Jarupia, Luis Carlos Domico, and Juan de Dios Domico Jarupia,
indigenous community leaders in the area of Kiraparado, Rio Sinu,
Resguardo Karagabi. Allegedly, paramilitary troops entered the town looking
for these individuals and threatened to kill them after reportedly killing
another community leader, Alonso Domico Jarupia (16 Septer er 1998);
(c) Peasants:
(i) A group of 70 displaced families, now residing in Rancho
La Mid, Tolima department, and supposedly threatened with
an attack by mer ers of the paramilitary for allegedly
cooperating with guerilla groups operating in the area.
Sources assert that these families were forced to vacate
E/CN.4/1999/39/Add. 1
page 17
their residences in Rancho Bellacruz, Cesar department, in
1996 following threats by paramilitary groups. The Special
Rapporteur was also concerned for the safety of local human
rights organizations working with these families (25 May
1998) ;
(ii) The residents of Paratebueno, Medina municipality,
department of Cundinamarca, who reportedly received threats
of an attack by mer ers of the paramilitary group known as
Autodefensas Unidas de ColorcJiia (AUC) (19 May 1998) ;
(iii) JesiOE Emilio Tuberguia, Emilio Antonio Tuberguia (aged 16) ,
JesCis Arnulfo Tuberguia (aged 14) , Joaguin Graciano, as well
as residents of the community of San J 05 de Apartado,
Apartado municipality, Antioguia department, who allegedly
were threatened with death by heavily armed men, dressed in
paramilitary uniform, for supposedly aiding guerilla groups
operating in the area. According to sources, 30 members of
this community have been killed by members of the
paramilitary since March 1997 (25 February 1998) ;
(d) Witnesses:
(i) Carlos Vera Correa, Marleny Taborda, and Arcadyo Ferney
Bolivar, as well as residents of the city of Carmen de
Atrato, Choco department, who reportedly received death
threats after witnessing the killings of fellow—residents
Ruben Dario Maya, Jhon Fredy Alvarez Valderrama,
Jaime Ramirez Palacio, and Gildardo Taborda, all killed in
December 1997 and January 1998 by mer ers of the
paramilitary. Allegedly, the residents of Carmen de Atrato
were told by paramilitary personnel that they were preparing
70 new graves in the local cemetery because they were
getting ready to carry out a wsocial cleansing” operation in
the area. Additionally, it was reported that several
residents were told they would be killed if they did not
leave the area (26 January 1998) ;
(ii) Alfonso Mora Le6n, Dolores Moncaleano de Mora, and
Clara Ines G6mez, allegedly threatened with death after the
start of criminal investigations into the deaths of their
children, who supposedly died at the hands of police
officials after being detained and tortured in Bogota
in 1996. Sources reported that Alfonso Mora Le6n and
Dolores Moncaleano de Mora were originally receiving
protection from the witness protection programme, but later
had to leave Bogota in 1997 after being told that they would
be killed if they testified against the parties charged with
these killings (29 Septer er 1998) .
60. The Special Rapporteur also transmitted to the Government complaints
about violations of the right to life of the following persons:
E/CN. 4/1999/39/Add.1
page 18
(a) Killed by paramilitary groups:
(i) Minors: Alfa Delia Higuita Tuberguia, 14 years old, and
Luz Helena Valle Ortiz, 17 years old, killed on 7 June 1997
near Vereda Arenas Altas, San Jos Apartado, while
travelling home. Both girls are said to have been shot
after being led to a secluded area of the woods; it was
later said they were guerrilla fighters killed in cor at.
Alfa Delia Higuita Tuberguia was three months pregnant.
In a separate incident, Angie Carolina (age 5) was
reportedly killed on 4 May 1998 during an attack on
Puerto Alvira, Mapirip n;
(ii) Human rights defenders: Luis Alberto Munera, Carlos Rojo
Uribe, Rosa Mejia, Ofelia Rivera, Jairo P rez, and
Alberto Silva, reportedly killed on 1 August 1997 in
Remedios along with two other unidentified individuals.
Five of these individuals were supposedly shot while
Luis Alberto Munera, a member of the North-East Antioguia
Committee for Human Rights, and Carlos Rojo Uribe, former
mayor of Remedios, were taken to the outskirts of Marmajito
district, Segovia municipality, where they were tortured and
killed;
(iii) Community leaders: Joaguin Correa, Hernando de JesCis Arenas
and Baudilio V lez reportedly killed on 17 August 1997 in
Granja Villa Rocio; Rosmira Gallego, teacher and member of
the teachers' association of Antioguia, along with four
other unidentified individuals on 23 March 1998 in
El Jordan, San Carlos; Carlos Enrigue Castaf eda, President
of the Corcoeunity Action Group of the Santa Marta
neighbourhood and President of the National Association of
Small Businessmen, killed 31 March 1997 near Segovia after
allegedly having his life threatened; Leonardo Tibaguira,
18 years old, supervisor of the Inai—Sue Cooperative in
Tenjo, Cundinarmarca department, killed on 15 November 1997
during a reported attack on the cooperative during which all
of the mer ers of the cooperative were ordered to abandon
their homes;
(iv) Others: Hern n Fabi n CCiellar, Jorge SCiarez,
Alejandro S nez, Carlos Bernal, Pedro Julio Rico,
Wilson Bernal, and Jorge Peladura, reportedly killed along
with 10 unidentified individuals in Puerto Alvira,
Mapirip n, during an attack on their village;
Frieleth Var6n, a nurse, allegedly killed on 3 May 1998 in
Dagua, Valle, by abductors who supposedly asked her to come
and take care of a sick person; Gilberto Ramirez Giraldo and
Miguel Ramirez Giraldo, reportedly killed on 10 April 1997
in Altas Arenas, Apartado; Jos Antonio Graciano and
Jairo Graciano, allegedly killed on 13 April 1997 in
Apartado after being abducted from the bus station and
tortured; Ruben Dario Maya, reportedly killed on
E/CN.4/1999/39/Add. 1
page 19
5 Decer er 1997, Jhon Fredy Alvarez Valderrama, allegedly
killed on 30 December 1997, Jaime Ramirez Palacio,
reportedly killed on 1 January 1998, and Gildardo Taborda,
allegedly killed on 3 January 1998 in the town of Carmen de
Atrato, Choco; Edilberto Areiza, Ricaurte Monroy,
Luis Albeiro Avendano, Ananias Guisao, Florentino Guisao,
Milton David, Angel Montoya, Oscar Valderrama,
Alfonso Valderrama, and Herminio Palomegue Mosguera,
reportedly killed between 22 Nover er and 1 December 1997 in
Dabeiba; Casimiro Soto Ardila and Amoar Bello Martinez,
allegedly killed 2 March 1998 in Pueblito Mejia;
(b) Killed by members of the military:
(i) Minors: Diomar Ortiz, 16 years old, reportedly killed on
11 November 1997 near P vez. Sources say his body was later
presented as that of a guerrilla fighter killed in combat;
(ii) Indigenous peoples: Bernabela Riondo Pachecho and Santiago
Palo, members of the Zenu community of Bajo Grande in
San Andr s de Sotavento, reportedly killed after being
abducted on 2 Nover er 1997. Their bodies were later found
in the indigenous community of Achiote, Sanpues
municipality, C6rdoba;
(iii) Others: Jos del Rosario and Jos Salvador Ortiz,
reportedly killed on 11 November 1997 near P vez;
Rodrigo Castro Murillo, reportedly killed on 28 October 1997
near Confinas; Gilma Rosa Duarte, Juan Canas, and Clara,
allegedly killed on 17 June 1997 in Los Mandarinos,
Riogrande; Dario G6ez, reportedly killed on 9 May 1998 in
Arenas Altas;
(c) Killed by unknown armed groups:
(i) Human rights defender: JesCis Maria Valle Jaramillo,
President of the Antioguia Permanent Corcoeittee for the
Protection of Human Rights, reportedly killed on
27 February 1998 in Medellin when four men entered his
office and shot him. Sources asserted that he had
previously been threatened with death for his human rights
activities, particularly the denunciation of massacres
committed by mer ers of the paramilitary;
(ii) Politician: Hugo Luis Salcedo Garcia, mayoral candidate in
Ovejas, reportedly killed on 31 August 1997 on his way home
from a political function in Almagra.
Communications received from the Government
61. During the period under review, the Special Rapporteur received numerous
communications from the Colombian Government regarding previous corcoeunications
sent (1 and 29 October 1997; 4, 5 and 18 Nover er 1997; 30 January 1998;
E/CN. 4/1999/39/Add.1
page 20
10 and 23 February 1998; 19 and 27 March 1998; 16 and 21 April 1998; 8 and
19 May 1998; 3, 9 and 16 June 1998; 7 and 14 July 1998; 5 August 1998;
and 16 Septer er 1998) . These are summarized below:
(a) The Colombian Government informed the Special Rapporteur about the
investigations launched and the judicial proceedings conducted in connection
with the following cases and urgent appeals transmitted by the Special
Rapporteur: Heli G6mez Osorio; Wilson Patino Agudelo; Doris Torres,
Alvaro P rez, Jos Esteban Dominguez, Ender Dominguez and Nicolas Arrieta;
Juan Carlos Herrera Pregonero, Fabian Mauricio G6mez and Andres David Escobar;
Jos Estanislao Amaya Paez; Jos David; Elias Zapata, Eliodoro Zapata,
Alberto Valle, F lix Antonio Valle and Carlos Torres; Cipriano Garcia;
C sar Tulio Diaz Blanguicet, Jorge Caceres Villegas and Daniel Hoyos;
Ruben Antonio Villa, Antonio Villa, Miguel Haya (or Miguel Layos Castaf eda)
and Guillermo Serna; Wilson Simanca Acosta, Jairo Jaramillo Zapata,
Robinson Acevedo Chamorro and Wilson Garcia Carrascal; Leonardo Panesso and
Bernardo Panesso; C sar P rez; Narzareno de JesCis Rivera; Alfonso Callejas
Robles; Vladimir Zambrano Pinz6n, Jenner Alfonso Mora Moncaleano, Juan Carlos
Palacios G6mez and Arguimedes Moreno Moreno; Jorge Conde; Fidel SuescCin,
Jos Pitalua, Perica and Ediberto Jim nez; Medardo Ducuara Leyton;
Carlos Andr s Guti rrez, Guillermo Taborda, Mauricio Valencia Acevedo,
Salvador Hern ndez Holguin, Ricardo Arredondo Montoya, Carlos Alberto
Osorio Valdez, JesCis Daniel Querubin, Baltazar Muf 6z Restrepo, Reynal Antonio
Galeano VeOEsguez and Giraldo Olarte; Bel n Torres and Raul Emilio Ramos;
Jorge Eliecer Mann Trujillo; Enrigue Bendia and Ricardo Gonz lez;
Ronald Valencia, Sinia Blanco, Francisco Catumare, Jos Ronald Valencia,
Hern n Gallego, Omar Patino Vaca and Eliecer Martinez Vaca; Alfonso Manuel
Mendozy Barrios; Diego Le6n Yarce, Martha V lez and Suhey Montoya;
Juan Coronel; Johnt de JesCis Bayona; Jairo Beller Buitrago and Abimelet Parra;
Samuel Berreto Rocha, Israel Herrera Diaz, Jorge Herrera Romero, and Jorge
Barreto Herrera; Dario Covas Contreras, Diomedes Zapata, Rebeca Villareal and
Baldomero Vergara; Laurentino Avendano and Ferney Delgado; Reinal Valencia and
Gelmer Porras; Antonio Angarita and Carmen Angel Clavijo; Everto Antonio
Herrera and Juan L6pez; Gilberto Jos M rguez Murillo and Argemiro Manuel
Padilla Benitez; Luis Enrigue Salgado, Emiro Tovar, Everto Tovar,
Ovidio Castillo, Daniel Salgado, Feder Rivera and Denny Ruiz; JesCis Eudoro
Orjuela Trujillo; Jos Maria Cardenas; Alfonso Bonilla; Gilberto Arvelaez
Jim nez; Fray JesCis Martiney, Fray Bernardo Villegas and Fray Diego
Fernando Garcia; Argemiro Padilla Banirey and Gilberto Margiey Murillo;
Javier Alberto Barriga Vergel; Ram6n Villegas and Luis Alfonso Ascanio;
Bertina Calderon, Domingo Tovar Arrieta, Daniel Rico, Luis Eduardo Galindo,
Sady Manosalva, C sar Martinez, Luis Fernando Escobar, Germ n Roncancio and
Aida Abella; Hernando Cuadros, Dario Lotero, Luis Hern ndez and S nchez;
Guillardo Franco; Eduardo Umana Mendoza and JesCis Maria Valle Jaramillo;
Carlos Mario Calder6n, Elsa Constanza Alvarado and Carlos Alvarado Pantoja;
Jaime Laguna and Edinson Donado; Nelson Fernando Lor ana; Jos Miller Chac6n,
Henry MilOEn and Manuel Cepeda Vargas; Frieleht Var6n; Hern n Fabian CCiellar,
Jorge Suarez, Alejandro Sanez, Carlos Bernal, Pedro Julio Rico, Wilson Bernal,
Jorge Peladura and Angie Carolina; Miguel Ramirez Giraldo; Jos Antonio
Graciano and Jairo Graciano; Ruben Dario Maya, Jhon Fredy Alvarez Valderrama,
Jaime Ramirez Palacio and Gildardo Taborda; the population of Paratebueno;
Hugo Roberto Martinez Diaz, Salvador Le6n Aoeaya and Pablo Emilio Pena Aoeaya;
Manuel Herrera Sierra; Bernabela Pacheco and Santiago Polo Guevara;
E/CN.4/1999/39/Add. 1
page 21
Luis Alberto Munera, Carlos Rojo Uribe, Rosa Mejia, Ofelia Rivera,
Jairo de JesCis P rez and Alberto Silva; Rodrigo Castro Murillo; and
Carlos Enrique Castaf eda;
(b) In a document entitled wPoliticas Generales del Gobierno de
Colombia en Materia de Lucha Contra los Grupos de ‘Justicia Privada' y
Atencion a Desplazados por la Violencia”, the Government affirmed its
commitment to end the violence, human rights violations and impunity enjoyed
by wprivate justice” groups, also known as paramilitary forces, as well as its
intention to aid its displaced populations. The document states that while
the paramilitary groups have brought some order to Colombia, their existence
and methods are not approved by the Government. Some of the initiatives taken
which reflect this position are: the creation in 1994 of a National Board for
Human Rights, partially with the aim of acting as a judicial instrument
against wparamilitarism , the offering of an award for the capture of
Carlos Castano, head of the paramilitary group known as the Peasants'
Self-Defence Group of C6rdoba and Urab , and the appointment by the President
of two experts to make contact with these groups and consult with them on a
possible peace process. The Government further asserts that it has taken
steps to curb human rights violations in ColorcJDia through its recognition of
the problem of the internal displacement of large numbers of its own
population, owing to guerrilla, paramilitary and military conflict. The
majority of the displaced persons are women and under the age of 25. The
Government cites several existing programmes to aid these people achieve
voluntary return, and recognizes that these groups are especially vulnerable
to human rights violations (4 November 1997) ;
(c) Regarding the case transmitted by the Special Rapporteur in 1996
and 1997 of the families of Rancho Bellacruz, Cesar department, who were
attacked by paramilitary groups and forced to relocate, the Colombian
Government sent two communications detailing the governmental aid and State
protection which those families have been receiving under the supervision of
the National Board for Human Rights. The communication stated that although
many of the families remain in temporary facilities, under police and military
protection, it is the Government's goal to resettle them voluntarily in their
home area soon (21 April 1998 and 9 June 1998);
(d) In response to suggestions made by the Special Rapporteurs on
extrajudicial, summary or arbitrary executions and the question of torture
during their 1994 visit, the Government submitted a document in which they
detail the steps that it is taking to ensure an independent judiciary; exclude
military courts from the jurisdiction of the offences of enforced
disappearances, torture or executions; curb impunity; discourage the existence
of paramilitary groups; and protect the rights of particularly vulnerable
groups. The groups which the Government highlights in its report are human
rights defenders, women, minors, Afro—ColorcJiian and indigenous populations,
and displaced persons. The document additionally addresses the problems of
protection for former partisans who have laid down their arms and witnesses,
especially in cases brought against drug traffickers and the military. The
issue of wsocial cleansing” is also addressed in the context of how this
practice affects street children (3 June 1998) .
E/CN. 4/1999/39/Add.1
page 22
Ob 5 Vat on
62. The Special Rappcrteur is grateful to the Government of ColorcJiia for its
numerous replies to her communications and regrets that a lack of resources
makes thorough follow—up to all of the communications impossible. It is
dismaying for the Special Rapporteur to note the extent of impunity enjoyed by
military and paramilitary groups in the country. Drug-trafficking groups also
add significantly to a culture of violence and impunity. The military court
system, as well as the ongoing practice of using anonymous witnesses, only
exacerbates these problems. The special vulnerability of human rights
defenders in the country is alarming, as are the situations concerning
internally displaced populations and indigenous groups.
63. Nevertheless, it is clear that the ColorcJiian Government is demonstrating
a will to cooperate with her mandate, despite the domestic difficulties it
faces. This cooperation is signalled by the United Nations presence in the
country, Colombia's replies to allegations, and the visit of the
High Commissioner for Human Rights in October of 1998. In this spirit of
cooperation, the Special Rapporteur urges the Government of Colombia to
formulate a cohesive human rights policy and support system, with an eye to
ending the impunity currently enjoyed by military and paramilitary groups.
She further encourages peace talks between all factions in the current
conflict in the country and urges that these parties have a voice in
developing the human rights policy.
Costa Rica
Communications sent
64. The Special Rapporteur transmitted one urgent appeal jointly with the
Special Rapporteur on the independence of judges and lawyers to the Government
of Costa Rica.
65. On behalf of Delia Revoredo, a judge and member of the Constitutional
Court of Peru, her husband, Jaime Mur, and their children, allegedly
threatened with death after Mrs. Revoredo had ruled that it would be
unconstitutional for Peruvian President Alberto Fujimori to run for a third
term of office. Mrs. Revoredo and her husband reportedly were given political
asylum in Costa Rica while the children remained in Peru (1 May 1998) .
Democratic Republic of the ConQo
66. Numerous reports continue to be received about violations of the right
to life in the Democratic Republic of the Congo, most of them concerning the
alleged killing of Rwandan refugees by the country's security forces.
Moreover, over 50 people have reportedly been condemned to death during the
past year in military court trials that allegedly did not meet the
international standards for judicial proceedings. Additionally, persons
attempting to aid the refugees or report human rights abuses are often
targeted for killing. It is alleged that the majority of the population does
not have access to the courts, nor to reliable news information. The security
forces and the police, therefore, are able to act with full impunity in the
realm of human rights abuses.
E/CN.4/1999/39/Add. 1
page 23
67. The human rights situation in the Democratic Republic of the Congo is
analysed in full detail by the Special Rapporteur on the situation of human
rights in the Democratic Republic of the Congo, Mr. Roberto Garret6n, in his
most recent report to the Commission on Human Rights (E/CN.4/1999/31) . This
topic is also addressed in the report of the Secretary General's investigative
team (S/1998/581, annex) , which visited the country between August 1997 and
April 1998.
Communications sent
68. The Special Rapporteur transmitted an urgent appeal jointly with the
Special Rapporteur on the situation of human rights in the Democratic Republic
of the Congo concerning two soldiers, one civilian, and a pregnant woman
accused of armed robbery and sentenced to death by a military court. The
three men were executed immediately, but the pregnant woman was reportedly
awaiting her execution on death row. Also addressed in this urgent appeal was
the case of a prisoner accused of aiding the Mai Mai and of armed attacks, and
sentenced to death and executed by the military court in Bukavu on
7 January 1998. Finally, the case of two soldiers, Jean Claude Muriri and
Muhanzi Shombo, accused of violating military regulations and attempted murder
and also sentenced to death, was addressed in this communication
(27 January 1998) .
69. Another joint urgent appeal was transmitted by the Special Rapporteur in
collaboration with the Special Rapporteur on the situation of human rights in
the Democratic Republic of the Congo on behalf of six persons, including
Matabaro, Ngonga, Musema Gatabzi and Mungonderwa, allegedly sentenced to the
death penalty for armed robbery. This urgent appeal also addressed the case
of three members of the security forces, including Kale Muhoza, allegedly
convicted of rebellion and sentenced to death (1 May 1998) .
70. The Special Rapporteur also transmitted the following allegations to the
Government of the Democratic Republic of the Congo:
(a) Regarding the killing by military forces of Rwandese refugees or
those attempting to aid them: 154 people, including Wandjo, Camile, and
Cleophace (dignitaries of the Lwar a locality) , 54 Rwandese refugees and
approximately 100 civilians, reportedly killed between 25 March and
7 April 1998 in Shabunda, South Kivu province; 4 people, including Katumbo
Mburanumwe, a child and two Rwandese refugees were allegedly shot dead by
soldiers near Karur a on 29 May 1998 as Katumbo Mburanumwe was attempting to
lead a large group of refugees back to their home country;
(b) Regarding the killing of civilians: 30 people, including
Ndamubuya, Kasinga Ndamugabumwe and Sinsiri Kyuka, allegedly killed by
government forces on 12 May 1997 in Mudja, Bukumu county, Nyiragongo district,
Kivu; 4 women, including Kahindo and Shimirayi, supposedly killed by members
of the military on 18 and 20 Decer er 1997 in Rungoma and Pinga towns, in the
Walikale territory, in punishment for allegedly practising witchcraft;
(c) Regarding the killing of human rights activists:
Oswald Hakorinama was allegedly killed on 30 March 1998 in Nyamitaba,
E/CN. 4/1999/39/Add.1
page 24
Masisi territory, by members of the armed forces, supposedly because of his
involvement in the reporting of grave human rights violations in the country
through the Grande Vision association, which he co—founded.
Ob s e r vat i on s
71. The Special Rapporteur has not received any replies to her
communications and remains concerned about the widespread impunity and lack of
respect for human rights shown by the current AFDL (Alliance des forces
democratiques pour la liberation) Government of the Democratic Republic of the
Congo. The situation appears to be exacerbated by the new Government's
structure, in which power rests solely with the head of State, all government
and armed forces personnel being accountable only to one individual. This has
led to mass extrajudicial killings of individuals, including women and
children of Hutu origin, many of whom were residing as refugees in the eastern
part of the country. The Special Rapporteur urges the Government to institute
democratic structures as soon as possible and to ensure the human rights of
its citizens.
E c wi t
72. The Special Rapporteur continued to receive reports of death sentences
imposed by military and criminal tribunals that fall short of international
standards and fail to respect safeguards established by the International
Covenant on Civil and Political Rights. Reports claimed that since
October 1992, military courts that do not allow for the right to appeal have
handed down 58 death sentences. It was asserted that the impartiality and
independence of judges sitting on these courts is questionable and that
defendants' rights to a fair trial and appeal are not being satisfied within
the judicial system. The Special Rapporteur also received allegations
regarding deaths in custody.
Communications sent
73. The Special Rapporteur sent one urgent appeal to the Government of
Egypt, on behalf of Moharcoead Fathi ‘Abd al-'Azim and Mahmoud Mostaga Sula an,
who were reportedly sentenced to death by an Emergency Supreme State Security
Court in Cairo. The two men reportedly had been acquitted of all charges by
the same court in 1995 after the court found that their confessions had been
extracted under torture. A retrial was said to have been ordered by the Prime
Minister (11 December 1997) .
Communications received from the Government
74. The Government transmitted one reply to the Special Rapporteur during
the period under review. In it, the Government explained that it was not a
signatory to the Second Optional Protocol to the International Covenant on
Civil and Political Rights and gave numerous reasons for maintaining the death
penalty. The communication also included a detailed analysis of the
conditions and safeguards for the application of the death penalty, a list of
the offences for which the death penalty can be imposed, and the right of the
President of the Republic to issue amnesties in respect of prisoners
(29 December 1997) .
E/CN.4/1999/39/Add. 1
page 25
Ob 5 Vat on
75. While the Special Rapporteur would like to sincerely thank the
Government of Egypt for its response, she would also like to encourage the
Government to reflect upon and reconsider its firm position on the death
penalty.
Ethiopia
76. The Special Rapporteur expresses her concern over the reports of
extrajudicial executions currently taking place in Ethiopia. The alleged
assailants have included mer ers of the police forces as well as members of
the military.
Communications sent
77. During the period under review, the Special Rapporteur
sent 12 individual allegations regarding extrajudicial executions carried
out by police officers and military personnel of Ethiopia. The individuals
on whose behalf they were sent include the following:
(a) Khadar Dulguf Mashkooke, who apparently died on 18 July 1997 as a
result of torture inflicted upon him by soldiers of the Ethiopian People's
Revolutionary Democratic Front;
(b) Ugas Mohamed Muhumed Fatule and Ibrahim Deeh Fatule, two men who
reportedly died in the military barracks in Qabridaharre. Their bodies were
apparently displayed in the town and were prevented from being buried for
two days. Nine other unidentified persons detained with the two men are
missing and presumed dead;
(c) Gahnug Yusuf Aare, Haybe Hirad, Mohamed Aw Farah Gaiye,
Mohamed Aabbi Hirsi, and Abdi Mohamed Yare, who were all reportedly killed by
soldiers of the Ethiopian People's Revolutionary Democratic Front in the town
of Hodayo;
(d) Terefe QurcJiii, Tesfaye Kumsissa and Gudissa Annisa, who died after
being shot by local police in Jeldu. The police claimed that they died in a
shoot—out, yet witnesses assert they were all unarmed;
(e) Ato Assefa Maru, a mer er of the Executive Corcoeittee of the
Ethiopian Human Rights Council, who died after reportedly being shot by
policemen in Addis Ababa. The police claim he was shot after trying to escape
while other sources state that at no time was he fleeing.
Communication received from the Government
78. The Special Rapporteur received a corcoeunication from the Government
detailing the events concerning the death of an Ethiopian national named
Mgbnesh Mulatu who was killed after being shot by an unknown assailant while
she was working in Mendeferra, Eritrea.
E/CN. 4/1999/39/Add.1
page 26
Ob 5 Vat on s
79. The Special Rapporteur is concerned that the Government did not reply to
the allegations sent regarding the shooting of Ato Assefa Maru and is hoping
soon to receive news of the progress of the legal inquiry into this death.
France
Communication sent
80. The Special Rapporteur transmitted one individual allegation on
18 September 1998 to the Government of France on behalf of Fabrice Fernandez,
who was reportedly killed while handcuffed and under interrogation by police
officers. The officer charged with the crime was apparently suspended from
duty and charged with murder.
Germany
Communications received from the Government
81. The Government replied to the follow-up information requested by the
Special Rapporteur concerning the case of Kola Bankole. In detailing the
proceedings against the emergency doctor who treated Kola Bankole, the
Government informed the Special Rapporteur that the proceedings were
discontinued in a public hearing on 24 February 1997 after the defendant
agreed to pay DM 5,000 to Amnesty International as well as the legal fees.
This arrangement was expressly agreed to by Mr. Bankole's brother
(14 January 1998) .
82. Concerning the reasons for the rejection of the complaint filed by
Mr. Babatonde Bankole against the discontinuing of investigation proceedings
concerning officers of the Federal Border Guard, the Government explained that
there was insufficient evidence that officers of the Federal Border Guard had
committed a criminal offence (14 January 1998) .
Guatemala
83. The nur er of incoming allegations of violations of the right to life
has decreased since the end of the civil war in the country. The majority of
the cases received, however, concern individuals working to bring to justice
those who corcoeitted crimes during the conflict.
Communications sent
84. The Special Rapporteur transmitted two urgent appeals to the Guatemalan
Government, urging it to take action to protect the lives and physical
integrity of the following individuals who had received death threats:
(a) Prospero Penados, Pietro Notta and other members of the
Archbishop's Human Rights Office (ODHA), reportedly threatened with death
following the funeral of Monseignor Juan Gerardi, late auxiliary bishop of the
archdiocese of Guatemala and Director of the ODHA. Monseignor Gerardi was
killed two days after he presented a report on the crimes corcoeitted by the
E/CN.4/1999/39/Add. 1
page 27
army during the civil war. It is alleged that his death, as well as the
subsequent threats received by other mer ers of the ODHA, could be linked to
these reports (18 May 1998) ;
(b) Members of the Mayan Defence of Guatemala, in particular, its
director, Juan L on Alvarado, the organization's lawyer, Ovidio Paz, the legal
adviser, Ricardo Sulugi, the General Secretary, Aura Jiatz, and the project
supervisor, Leticia VeOEzquez. These individuals had allegedly been
approached by armed men who questioned them about their activities with the
Mayan Defence and threatened them with death if those activities did not stop.
It is believed that the threats were connected to the recent efforts of the
group to bring army personnel to justice for the crimes they allegedly
committed against indigenous populations during the 1980s (25 May 1998) .
85. The Special Rapporteur also transmitted the following allegations of
violations of the right to life of the following individuals to the Government
of Guatemala:
(a) Monseignor Juan Gerardi Conedea, auxiliary bishop of the
archdiocese of Guatemala and Director of the Archbishop's Human Rights Office,
reportedly killed on 27 April 1998 in the San Sebastian Church in Guatemala
City by unidentified individuals. It is alleged that Monseignor Gerardi was
beaten to death. His death occurred two days after his presentation of a
report which largely blamed the army for the majority of human rights
violations which took place during the civil war;
(b) Edgard Estuardo Motta Gonz lez, allegedly killed on 8 October 1997
in Guatemala City by unidentified individuals while working in his carpentry
workshop. It is reported that his death was connected to the fact that he
was the key witness in a trial against Anibal Archilla P rez, Miguel Angel
L6pez Cal and Miguel Rodriguez Revolorio, three policemen condemned to death
for the killing of Luis Pedro Choch Reyna. These policemen had also
reportedly attempted to kill Mr. Motta, but he survived to testify against
them.
Communications received from the Government
86. The Government of Guatemala updated the Special Rapporteur on the recent
developments in the case of the killings of Jos Elias Salanzar Lorenzo and
Manuel Chub Caal, both killed in the city of Poptun, Pet n, by Mayor Jos
Antonio Cruz Monz6n. The bodies of Mr. Salanzar and Mr. Chub were examined by
forensic experts. The Government reported that Mr. Cruz was apprehended by
the police and stood trial in a civilian court, where he was convicted on two
counts of homicide (29 Nover er 1997) .
87. The Guatemalan Government also informed the Special Rapporteur that the
allegations she sent this year were received and directed to the appropriate
officials, who would inform her about the progress of the investigations
(25 June 1998) .
E/CN. 4/1999/39/Add.1
page 28
Ob 5 JT Vat on s
88. The Special Rapporteur would like to thank the Guatemalan Government for
its replies to her corcoeunications and its cooperation with her mandate. It is
also commendable that the number of allegations of violations received has
dropped significantly since the civil war ended. She remains preoccupied,
however, by the great nur er of allegations received concerning violations
supposedly perpetrated against indigenous populations and human rights
defenders. This pattern could indicate a reluctance on the part of the
Government to take full responsibility for its past actions. The Special
Rapporteur urges the Government to work diligently towards keeping a lasting
peace, a key aspect of this process being to ensure the fundamental human
rights of all of its citizens.
Honduras
Communications sent
89. The Special Rapporteur transmitted two allegations of violations of the
right to life to the Government of Honduras.
90. On behalf of Edwin Ramirez (age 3), allegedly killed on
30 September 1997 in Dora, Yoro, while travelling by truck with his
parents. It is reported that three armed men opened fire on the truck. The
infant's father, Benigno Garcia, who was also injured in the attack, is
reported to be a human rights defender who works with the populations of
San Pedro Sula and Yoro. Supposedly, the orders for this attack were given by
an ex—member of the Intelligence Services of the Honduran military.
91. Concerning Jorge Castillo and Julian Alberto Morales, who allegedly died
on 21 October 1997 near Tela Atlantida. Both mer ers of the Garifunas
Indigenous Group, it is reported that with the acquiescence of government
authorities, the two men were killed by landowners and businessmen wanting to
develop a tourist complex on land bordering the Atlantic Ocean which allegedly
belongs to the Garifunas.
Indonesia and East Timor
92. Reports continue to be received by the Special Rapporteur concerning
human rights abuses in Indonesia and East Timor. It is alleged that police
forces, which are still overseen by the military, purposely target political
protesters and ethnic minorities, who are often arrested and subjected to
ill—treatment which results in their death. Furthermore, it is reported that
investigations into such incidents are rarely carried out and their
perpetrators are almost never held accountable for their actions.
Information and corcoeunications sent to the Government
93. The Special Rapporteur transmitted an urgent appeal concerning the
reported deaths of at least five Trisakti University students on 12 May 1998.
The deaths reportedly occurred during a student protest which became violent.
In light of the current political situation in Indonesia and the consequent
likelihood of other protests, the Special Rapporteur reminded the Indonesian
E/CN.4/1999/39/Add. 1
page 29
Government of several international human rights mechanisms which protect
individuals from such occurrences and urged the Government to use restraint
when containing future protests (20 May 1998) .
94. The Special Rapporteur also transmitted the following allegations to the
Indonesian Government:
(a) Regarding the excessive use of force during demonstrations:
Manuel Marques, allegedly killed on 27 June 1998 in the town of Aitais in
Manatuto by members of the Indonesian military when a stray bullet reportedly
fired at unruly protesters hit him; Olandino Marcelino da Costa, reportedly
killed by shots fired by Indonesian security forces in Baucau on 29 June 1998
when a crowd of pro—independence protesters, organized to greet an
EU delegation, became angry when security vehicles appeared; and Mrs. Sangkek
and David Kapisa who were allegedly shot in the head by security forces on
2 July 1998 during a demonstration in front of the local parliament in Sorong,
Irian Jaya;
(b) Regarding deliberate killings by security forces: Herman Dasdores
Soares, reportedly killed by a mer er of Indonesian Territorial Battalion 315
in Obrato, Mantuto district, on 16 June 1998 while gathering wood which
soldiers apparently mistook as stolen from the military; Carlos da Silva and
Carlos da Costa, allegedly killed in Bucoli village, Baucau, on 10 May 1998
after their names were divulged as being possible participants in a
clandestine resistance group; Maria Freitas, who allegedly died of wounds
from shots fired by members of the Indonesian military into her home in
Samala hamlet, Wailili village, East Timor on the night of 14 April 1998.
Information and corcoeunications received from the Government
95. The Government provided information to the Special Rapporteur on the
following allegations:
(a) The death of David Alex on 25 June 1997 was due to bleeding from
gunshot wounds received during an exchange of fire between Indonesian security
forces and Mr. Alex's resistance group. Despite his status as one of
Indonesia's most wanted men, maximum medical attention was provided to attempt
to save his life and after his death, the State organized a burial ceremony in
accordance with Mr. Alex's Catholic religious beliefs. Further, the State
maintains that security forces had no motivation to kill Mr. Alex, as he could
have been a valuable source of information;
(b) With regard to the alleged killing of Januario Quintas, Francisco
and Fernando Lopez on 8 February 1997, the Indonesian Government reports that
after undertaking a thorough investigation into the matter, it could find no
evidence of the alleged killings;
(c) As concerns the deaths of the five Trisakti University students
shot during a protest on 12 May 1998, the Government maintains that it acted
in strict accordance with accepted crowd—control methodology and that police
used no live ammunition that day. The Government asserts that the students
were killed by gunfire which came from an overpass near the protest site,
fired by an as—yet—unknown perpetrator. In addition, two of the senior police
E/CN. 4/1999/39/Add.1
page 30
officers responsible for crowd control on the day of the protest have been
court—martialled and sentenced to 14 months of imprisonment each for their
mishandling of the situation.
Follow—un
96. The Special Rapporteur expressed her desire to visit Indonesia to
examine the human rights situation in the country in situ , where she feels
that she would be able to more effectively assess the allegations she is
receiving and make recommendations to the Government (27 November 1997) .
Ob s e r vat i on s
97 . The Special Rapporteur continues to be concerned about the status of
human rights in Indonesia and East Timor, most especially in the context of
violations of the right to life that occur because of the excessive use of
force by government authorities during peaceful demonstrations and the ethnic
tensions that are present in East Timor, Irian Jaya, and towards the
Chinese—Indonesian ethnic community as a whole. The Special Rapporteur urges
the new Government to ensure that violators of human rights in Indonesia are
brought to justice. Additionally, she recommends that law enforcement
agencies receive human rights training to reduce the severity of future
clashes between the police and the citizenry. In addition, she would like to
thank the Government for its replies to her communications.
India
98. The Special Rapporteur recognizes the hostile environment pervading
various regions in the country. The efforts by the Indian Government to
wrestore faith in the democratic order and the rule of law and to prevent
further loss of life” in these areas is highly appreciated. Yet, these same
laws protect mer ers of the armed forces from prosecution and appear to
propagate extrajudicial, summary and arbitrary deaths resulting from the
excessive use of force by military personnel. Such accounts, coupled with
further reports on deaths in custody and deliberate killings, continue to be
received by the Special Rapporteur.
Communications sent
99. The Special Rapporteur transmitted to the Government allegations
regarding violations of the right to life on behalf of the following
individuals:
(a) Khaidem Bijoy Singh, who was arrested by the Thoubal police on
10 January 1997 and whose dead body was found in the police station soon
after. The Government reportedly paid the family Rs 50,000, but no judicial
inquiry has been initiated to bring those responsible to justice;
(b) Koijam Rajen, an alleged mer er of the People's Liberation Army,
who was allegedly shot by police in Manipur after being taken from his home on
6 February 1997. No judicial inquiry has been undertaken;
E/CN.4/1999/39/Add. 1
page 31
(c) Moirangthem Surjeet, Khanger am Inoaba and Takhelambam Jadumani,
who were all allegedly killed on 25 February 1997 by soldiers stationed in
Bazar. There has yet to be a judicial investigation inquiring into the
matter;
(d) Khamkhopao Misao, who was reportedly taken from his home on
1 April 1997 by army personnel in Bungnual and killed shortly thereafter;
(e) Kannuri Srinivas, who died after being taken from his home on
22 May 1997 by police officers in Lakkepur. The police claim he was killed in
an exchange of fire but eyewitnesses assert that no such incident ever
occurred;
(f) Ramaso Shingnaisui and Naokahao Shingnaisui, a father and son
who were allegedly killed on 19 July 1997 by army personnel because of
suspicion that they participated in an ambush against an army convoy.
Ramaso Shingnaisui was apparently arrested by the army on 17 July 1997. Two
days later, the local police were informed that his dead body was at the army
camp;
(g) Susendra Bhuyan and Amorendra Choudhury, two men who were picked
up by army personnel on 17 June 1997. Reports claim that a high court ordered
the army to hand over the detainees on 20 June 1997. On 21 June, the two dead
bodies were allegedly delivered to the police station.
Follow—un
100. The Special Rapporteur feels that the Government of India does not
welcome visits. Her predecessor had asked on several occasions to be allowed
to visit the country, but to no avail. She is hoping to engage in a dialogue
with the Government on this subject in the future.
Ob s e r vat i on s
101. The Special Rapporteur would like to note that the problem of
extrajudicial executions permeates every region of India and that she is
especially dismayed, in light of this observation, that the Government has not
yet responded to any of her allegations.
Iran (Islamic Republic of)
Communications sent
102. The Special Rapporteur sent five urgent appeals to the Government
concerning individuals convicted in trials that failed to meet international
standards.
103. The first appeal was sent with the Special Representative on the
situation of human rights in the Islamic Republic of Iran and the Special
Rapporteur on violence against women, on behalf of Zoleykhah Kadkhida, a
20-year-old woman sentenced to death on 11 August 1997 for reportedly engaging
in sexual relations outside marriage. She was apparently stoned to death
E/CN. 4/1999/39/Add.1
page 32
despite the fact that an appeal for clemency was pending. After having been
confirmed dead by doctors, Ms. Kadkhida began breathing and was taken to a
hospital where her condition stabilized (6 January 1998) .
104. The second appeal was sent regarding the case of Mohammad Ali Araei,
allegedly sentenced to death by a military court that denied him the right to
appeal. He was said to have been convicted of robbery and wbeing against the
people's will” and was reportedly tortured until he signed a confession
admitting participation in activities against the Government
(13 February 1998) .
105. The third urgent appeal was sent by the Special Rapporteur and the
Special Representative on the situation of human rights in the Islamic
Republic of Iran on behalf of Moreeza Firouzi, reportedly sentenced to death
for espionage. According to the information received, he was held
incommunicado for several months before being allowed access to legal counsel
and was convicted in a secret trial (26 February 1998) .
106. A follow—up urgent appeal was sent to the Government reasserting the
Special Rapporteur's call for the protection of the right to life of
Moreeza Firouzi (20 May 1998) .
107. The last appeal was transmitted on behalf of Sirus Dhabihi-Mugaddam and
Hidayat—Najafabadi, both reportedly sentenced to death for their religious
beliefs (2 October 1998) .
Communications received from the Government
108. The Government replied to several corcoeunications transmitted by the
Special Rapporteur. In regard to the case of Zoleykha Kadkhoda, the
Government stated that she was released on 26 November 1997 and that her case
was dismissed following the court's decision (17 February 1998) .
109. In response to the allegations sent on behalf of 27 individuals who were
said to have been killed by anti-riot police during a protest, the Government
denied all claims. The Government asserted that violence had broken out
during the ballot counting in a parliamentary election and two people died as
a result while 26 others were injured. The Special Rapporteur was informed
that the Bonab judiciary was investigating the case (18 Decer er 1997) .
110. With reference to the case of Mohammad Ali Ataei, the Government stated
that there was no record of him in the files of the Judiciary Organization of
the Armed Forces (29 June 1998) .
111. The Government also informed the Special Rapporteur that the Supreme
Court had rejected the death sentences of Syres Zabihi and Heagat Kashefi,
following which the defendants were retried by a court in Mashad and convicted
of acting against national security. The men were sentenced to death but
their sentences have yet to be confirmed by the Supreme Court. The Government
assured the Special Rapporteur that if this occurs, Syres Zabihi and
Hedayat Kashefi will still be able to appeal to the courts for clemency
(7 October 1998) .
E/CN.4/1999/39/Add. 1
page 33
Ira q
112. Reports continue to be received by the Special Rapporteur concerning the
execution of hundreds of political prisoners detained in penitentiaries
throughout the country. Sources claim that the reported deaths in these
facilities are part of the so—called wprison cleansing campaign” that was
ordered by the head of the Special Security Organization. These grave
allegations also assert that the detainees were convicted because of their
supposed opposition to the Government and after trials that did not meet
international standards. The Special Rapporteur continues to be informed
about the extensive use of the death penalty for drug—related offences and
economic crimes.
113. For an in-depth analysis of the human rights situation in the country,
the Special Rapporteur refers to the most recent report submitted by the
Special Rapporteur on the situation of human rights in Iraq to the Commission
on Human Rights (E/CN.4/1999/37) .
Communications sent
114. The Special Rapporteur sent an urgent appeal on behalf of
Aoemar Shahab al—Din, a Jordanian national who was reportedly sentenced to
death on 7 Decer er 1997 for smuggling (12 December 1997) .
115. An urgent appeal was also transmitted on behalf of hundreds of prisoners
in Abu Ghraib and Radwaniyah who reportedly have been and continue to be
executed as a part of the so—called wprison cleansing campaign”
(29 December 1997) .
116. The Special Rapporteur transmitted allegations regarding violations of
the right to life on behalf of the following individuals:
(a) Ayatollah al—Kharawi, a Shia leader of the Najaf Theological
School, who was reportedly arrested by the Iraqi security force on
19 June 1998 and shot along with three other unidentified persons. The body
was reportedly found by Ayatollah al-Kharawi's son, who attempted to give it a
ceremonial burial. Sources claim that personnel of the Iraqi security force
took the body away and ircoeediately buried it;
(b) Raheem Shuker Mahmoud, Ramadhan Karim Saeed, Fadhel Majid Hameed,
Karzan Rashid Saber, Hussein Kadhem Jawad, Faleh Hassan Khudher, Nayef Allawi
Hamoudi, Salah Hamza Mahmoud, Mekki Hassan Layeq, Khalaf Janhan, Jawad Hayder
Al—yasseri, Aalaa Ali Abdul Hussein, Ahmed Aawaf Shaker, Hilal Hussein
Abdul Samad, Abdul Aziz Taleb Hussein, Hamoudi Shallal Kadhem, Abdul Hamid
Murtadha Shehab, Abdul Hussein Ali Alaa El-deen, Abboud Hilal Ramadhan,
Fans Mahmoud Rashid, Fadhel Redha Hassan, Hamoudi Ayed Aydan, Saleh Abdul
Hadi Haddam, Haythem Hasan Hareth, Wasef Allawi Tumah, Umayr Jassam Umran,
Mahmoud Taleb Wajed, Fans Onwan Lahib, Mehdi Ayesh Eidan, Abdul Samee
Hasson Alaa, Safaa Hussein Ali, Abdul Fattah Ismail Ali, Mohammaed Shehab Ali,
Ayed Khalaf Ghafel, Fayyadh Mekki Issa, Salen Hussein Wejdan, Amir Saleh
Hussein, Musleh Khalil Hussein, Nafi Khaled Yassin, Ramadhan Mehdi Issa,
Hussein Ad d Hussein, Mustapha Jaber Eager, Eager Mehdi Salman, Atheer Kadhem
Milad, Hamdan Hussein Ali, Enad Abdul Aahad Hussein, Lamee Nasssar Abdul Ban,
E/CN. 4/1999/39/Add.1
page 34
Atheer Qassem Allawi, Hussein Raed Kadhem, Kadhem Hussein Jaber, Murtadha
Jalil Sayfullah, Awad Hassan, Jassem Jadou Salem, Farhan Hameed Ali,
Hassan Hussein Fares, Dheyaa Nayef Hadi, Hussein Murshed Faysel, Radhi Abdul
Wahed Fattah, Fakher Pkdul Wahed Eidan, Sadr-ul-deen Sultan Maree, and
Shehab Humoud Faleh, who are all alleged to have been arrested for their
participation in the May 1991 uprising and killed in June 1998 in accordance
with the wprison cleansing campaign”. The bodies were allegedly buried in
mass graves without notification to the families.
Communications received from the Government
117. The Special Rapporteur received two replies from the Government of Iraq
concerning individual allegations and appeals. The first corcoeunication was an
assurance by the Government that all information regarding Hamed Rahmani would
be submitted (26 Nover er 1997) .
118. A reply was also received concerning the case of Ammar Ghalib Mahmoud
Shihab al-Din, a Jordanian national convicted of smuggling heavy equipment
across the Iraqi—Jordanian border. The Government confirmed reports that
he was sentenced to death but stated that the Amnesty Decree of
President Saddam Hussein enabled him to return to Jordan (30 March 1998) .
Israel
119. For an in-depth analysis of the human rights situation in the country,
the Special Rapporteur refers to the most recent report submitted by the
Special Committee to Investigate Israeli Practices affecting the Human Rights
of the Palestinian People and Other Arabs of the Occupied Territories to the
General Asser ly (A/53/661) .
Communications sent
120. The Special Rapporteur sent individual allegations regarding the
violation to the right to life on behalf of the following persons:
(a) Ali Jawarish, a 7 year-old child reportedly shot
on 11 November 1997 by soldiers of the Israel Defence Forces during clashes at
Rachel's Tomb in Bethlehem. Reports claimed that he was among several dozen
Palestinian children who were throwing stones and burning tyres during a
Jewish religious ceremony. One soldier was blamed for firing at the group and
was alleged to have shot Ali Jawarish. It was further stated that no
assistance was offered to the child;
(b) Ibrahim Tawfiq Abu Ratima, a 14 year-old child reportedly shot by
an Israeli soldier on 22 June 1997 after refusing to follow his orders. The
boy was apparently taken to Shifa hospital where he died on 3 July 1997;
(c) Marwan Hassan Ibrahim Maali, imprisoned on 4 August 1997
by the Israeli army and found dead in his cell in Megiddo prison
on 15 September 1997. Official reports claim he corcoeitted suicide; however,
this was refuted by the source. It was reported that he was in good health
mentally, and a scheduled family visit was prohibited by the authorities the
day before he was said to have died;
E/CN.4/1999/39/Add. 1
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(d) Khalid A u Abu Daiyya, reportedly detained in West Jerusalem where
he was beaten and tortured. He allegedly died at Sharei Zedek hospital
on 21 May 1997 and the autopsy report was said to have confirmed that he had
been subjected to severe beatings which resulted in multiple fractures on the
right side of his face. Sources claimed that he was beaten to death with
heavy instruments.
Ob s e r vat i on s
121. The Special Rapporteur is gravely concerned about the continuing
situation in the occupied territories and notes that such a situation tends to
have a dehumanizing effect on those involved. She is appalled that in the
past year the conflict in this region and the anger resulting therefrom were
the cause of the death of an innocent 7—year—old child.
Japan
Communications sent
122. One urgent appeal was sent to the Government on behalf of Shimazu
Shinji, Ida Masamichi, Tsuda Akira, Muratake Masahiro and Takeyasu Yukihisa,
who were reportedly facing imminent execution after being denied legal counsel
during the investigation of their case (15 January 1998) .
123. The Special Rapporteur transmitted an allegation regarding the violation
to the right to life on behalf of Mousavi Abarbekouh, an Iranian national who
reportedly died while being held in a detention centre in Tokyo. His death
allegedly followed a fight between himself and prison guards and was
reportedly caused by a head injury.
Communications received
124. Regarding the case of Shimazu Shinji, Ida Masamichi, Tsuda Akira,
Muratake Masahiro and Takeyasu Yukihisa, the Government stated that all those
suspected and accused of corcoeitting crimes are guaranteed the right to legal
defence, including the aforementioned persons. Furthermore, when the offence
is punishable by death and the accused cannot secure a defence counsel, the
State must assign one. All convicted persons are afforded an adequate appeals
process (3 March 1998) .
125. The Government replied to the allegations concerning the case of
Mousavi Abarbekouh, stating that while being detained by the Immigration
Control Office, he had been restrained by officers after he pushed them. When
the officers attempted to remove the instrument of restraint, the detainee
threw his head back and hit it on the floor and lost consciousness. A
prosecutorial investigation into the matter concluded that no crime had been
committed by the officers and that Mousavi Abarbekouh died as a result of his
own actions (30 October 1998) .
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Kazakhstan
Communications sent
126. The Special Rapporteur submitted an urgent appeal, together with the
Special Rapporteur on the question of torture, on behalf of Khamit Memet and
two other ethnic Uighur Chinese nationals who were reportedly in ircoeinent
danger of being extradited to Kinjiang Uighur Autonomous Region where they
faced torture and possibly execution. All three men were apparently arrested
while attempting to cross the border between China and Kazakhstan and were
being detained in the ffinvestigation isolation prison” of the Committee of
National Security in Almaty (26 October 1998) .
Liberia
Communications sent
127. The Special Rapporteur transmitted one communication to the Government
of Liberia concerning the deaths of Samuel Dokie, Janet Dokie and two other
unidentified persons. All four were reportedly arrested on 29 November 1997
by soldiers of the special security forces. Their bodies were found
on 4 Decer er 1997 on the outskirts of Gbarnga. Five reported arrests were
made in connection with this incident.
Mal ays i a
Communications sent
128. The Special Rapporteur sent allegations regarding the violation of the
right to life on behalf of the following individuals:
(a) Enyang Ak Gendang, reportedly killed on 19 December 1997 by
Malaysian police during a violent conflict that broke out between indigenous
Iban villagers and the police forces. It was alleged that the villagers were
unarmed, thus indicating an excessive use of force by the police;
(b) Eight unidentified Indonesians who were being forcibly repatriated
by the Malaysian police from ircoeigration detention camps. During the
repatriation on 26 March 1998, resistance by one group led to a violent
incident in which the eight individuals were reportedly killed along with one
police officer;
(c) Usman Bin Muhammad, who reportedly died on 10 November 1997 at the
immigration depot in Malacca. He was said to have been suffering from severe
stomach, leg and thigh pain and did not receive any medical attention.
According to the autopsy, he had a ruptured intestine and blood clotting in
his lungs and heart.
Me x i c o
129. The Special Rapporteur reports that while, owing to a lack of resources,
fewer allegations were sent this year to the Government of Mexico regarding
violations of the right to life the human rights situation in the country
E/CN.4/1999/39/Add. 1
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remains preoccupying, especially in light of the recent killings in Chiapas.
The Government did, however, make an admirable attempt to respond in detail to
numerous past allegations.
Communications sent
130. The Special Rapporteur sent one urgent appeal to the Mexican Government
during the period under review on behalf of the indigenous peasant populations
living around the area of Acteal in the municipality of Chenalho, Chiapas
State. The appeal was sent in the aftermath of the killing of 45 Tzotziles
on 22 December 1997 in this area. During the incident, it was reported
that 21 women, 15 children and 9 men died, while several others were injured
and hospitalized. The killings are believed to have been carried out by
two paramilitary groups known as Paz y Justicia (Peace and Justice) and
M scara Roja (Red Mask) , who reportedly attacked the indigenous group for
their support of the armed opposition group known as the Zapatista National
Liberation Army (EZLN) . It was further alleged that the killings took place
near a police station but that the police did not intervene (16 January 1998) .
131. In addition, the Special Rapporteur brought allegations of the violation
of the right to life of 25 individuals to the attention of the Mexican
Government.
132. The dead body of Jorge Nava Aviles was discovered in the vicinity of
Iguala—Palmira along the Mexico—Acapulco Highway by mer ers of the Federal
Highway Police as it was being disposed of by three officials from the
State of Morelos. It was alleged that Mr. Nava Aviles had been detained
on 27 January in Jiutepec, Morelos, by members of the police force.
133. Cenobio Sixto Santos, 17 years old, was allegedly killed
on 26 March 1998 by members of the Federal Army, who entered the community of
Barrio Nuevo, San Jos , Tlacoachistlahuaca municipality, Guerrero State, where
they searched homes for firearms. During the operation, it is reported that
Cenobio Sixto Santos died from blows he received from the soldiers. It is
said that Barrio Nuevo San Jos has actively sought recognition as an
indigenous group for some time.
134. Gerardo Villarreal Rodriguez reportedly died on 26 February 1998 in
Linares, Nuevo Le6n, after having been ill—treated by members of the State
Judicial Police.
135. Jose Tila L6pez Garcia, a Chole indigenous person, was reportedly killed
by members of the Paz y Justicia paramilitary group as a reprisal for having
denounced the human rights situation in Mexico to the International Civil
Commission of Human Rights Observers. His death reportedly took place
on 28 February 1998 in the town of Tzaguil.
136. Oscar Rivera Leyva was allegedly killed on 19 April 1998 in Atoyac by a
group of individuals who counted among their numbers an active member of the
military. Mr. Rivera Leyva was reportedly shot dead as he was leaving a
political meeting, and it is believed that his death was a reprisal for
denunciations he had made concerning the human rights situation in Mexico,
particularly in regard to the Agua Blanca massacre.
E/CN. 4/1999/39/Add.1
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137. Fernando F lix Guadalupe, Manuel Francisco Prisciliano, Fidencio Morales
Castro, Juan Garcia de los Santos, Apolinar Jim nez Garcia, Honorio Garcia
Lorenzo, Mauro Gonz lez Castro, Mario Ch vez Garcia, Daniel Crisoforo and
Ricardo Zavala were reportedly killed in El Charco on 7 June 1998 by members
of the Mexican military. All of the men were reportedly members of the
Popular Revolutionary Army (EPR) and were sleeping in the Caritino Maldonado
school, when they were allegedly awakened by gunfire and killed in the ensuing
firefight.
138. Daniel Colinenciso, Jan Carlos Moreno, Iv n Moreno, Rom n Morales
Acevedo, Carlos Alberto L6pez Ines and Angel Leal Olinares were allegedly
killed in Colonia Buenos Aires on 8 September 1997 after they were reportedly
detained by police. The next day the bodies of the first three were found
near Tlahuac; the other three were found on 29 September 1997 in the vicinity
of Ajusco Medio. It is reported that all of the bodies showed signs of
torture and had been shot.
139. Mirey Trueba Arciniega, was reportedly killed by a member of the
military on 22 August 1998 in Guadalupe y Calvo municipality when the truck he
was riding in with two friends was stopped by the military and he jumped out
of the back and ran. It is reported that he was shot in the back and later
died in the hospital.
140. Elber Solano Solano, age 12, was reportedly killed on 30 August 1998 in
Rancho de Martin Cruz by a member of the military as he and his friend were
drawing water from a well. It is alleged that the soldier told the boy that
he wanted to have sexual relations with him and that he later shot
Elber Solano.
141. Santiago Luna Reyna, a member of the Peasants' Organization of the
Southern Sierra, was allegedly killed on 15 March 1998 in Tepetixtla by
members of a paramilitary group.
Communications received from the Government
142. The Government of Mexico sent several communications to the Special
Rapporteur during the period under review in response to allegations sent
during 1997 and 1998.
143. The Mexican Government sent a reply to the Special Rapporteur on the
question of torture regarding the cases of Jos L6pez Reyes and Ricardo Rico
Ubaldo. An investigation into the case was undertaken by the Government,
including forensic analysis, and the case was presented in the First Court of
First Instance in the Judicial District of Kalapa in October 1996. At that
hearing, penal action was taken against 12 mer ers of the Judicial Police of
Veracruz for the qualified homicide of Jos L6pez Reyes and Ricardo Rico
Ubaldo. During the whole of the proceedings all pertinent constitutional
provisions were observed and the individuals' rights were respected
(20 October 1997) . The Special Rapporteur was later informed that the parties
responsible for the deaths of Mr. L6pez and Mr. Rico had been discharged from
their duties as public servants (October 1997) .
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144. In relation to the case sent by the Special Rapporteur on behalf of
Andr s L6pez, allegedly killed in Coyul, Matlatonoc municipality, Guerrero
State, the officials charged with investigating the case could find no
evidence of the death of this man in the state records. Further information
was requested (not dated) .
145. Also received was information concerning the case of Erick Cardenas
Esqueda, who died in police custody on 4 January 1997, causing an initiation
to be undertaken by state officials. The autopsy revealed that death was
caused by a lack of blood to the brain, perhaps due to hanging. Three police
officers from the municipal police of Nuevo Laredo have been implicated in the
case, but have not yet been sanctioned because the case has not yet been
concluded. For this reason as well no compensation has been paid to the
family (October 1997) .
146. Concerning the case of the death of Alejandro Herrera Flores, an
investigation has been undertaken by the appropriate state authorities who
have found that he died on 5 October 1996 from gunshot wounds, received from
police personnel when he refused to allow them to inspect his vehicle.
Charges have been brought against the policemen for qualified homicide and
abuse of authority, but as the trial is still in process, no sanctions had
been applied, nor had the family received any compensation (October 1997) . In
an update, the Government of Mexico confirmed that those responsible for the
death of Mr. Herrera had been sentenced and were in prison (12 February 1998) .
147. The Government also sent information regarding the case of the deaths of
Belisario Villegas Perelleza, Silvestre Bernal and Jos Mario Payan Beltr n,
reportedly killed in Sinaloa on 29 Nover er 1996. An investigation was
launched and three officers of the Municipal Police of Sinaloa de Leyva have
been convicted of killing the three men; however, the whereabouts of the
officers is at present unknown, so sanctions against them cannot be carried
out. The court has yet to determine the compensation due to the families of
the victims (October 1997) . In an update, the Government indicated that the
officers responsible were still at large, and that several other members of
the police department had been found guilty of complicity (February 1998) .
148. In a follow—up to last year's comments on the case of Gerardo Hurtado
Arias, the Government of Mexico stated that an investigation was launched into
this matter and that the Special Rapporteur will be advised of any future
developments (20 February 1998) .
149. Regarding the case of the deaths of Silvano Martinez Salinas, Olivia
Vargas Carro, Maria Carro Jim nez and Mario Martinez Vargas, a minor, a
complaint was filed by Flavio Sosa Villavicencio with the National Human
Rights Corcoeission, which asked the appropriate authorities in Oaxaca to
conduct an investigation. More information will be transmitted as this
investigation progresses (13 Nover er 1997) .
150. The Mexican Government provided more information concerning the death
threats against Yessica Yadira Diaz and her mother, Maria Eugenia
Cazares de Diaz, in Durango State, asserting that the Procurator General of
Durango State went to the home of Maria Eugenia Cazares de Diaz because he had
been told that unknown persons had been seen in the vicinity of her home and
E/CN. 4/1999/39/Add.1
page 40
he wished to offer her police protection, which she accepted;
Ms. Cazares de Diaz reportedly informed the state authorities that she
felt sufficiently secure (14 Nover er 1997) .
151. Information was also submitted in the case of the death of Celerino
Jim nez Alm raz. The Government denied that members of the Oaxaca State
Police entered the home of Mr. Jim nez and killed him, asserting instead that
upon entering the areas of Jalatengo and Copalita, San Mateo Rio Hondo
Miahatlan, the police were fired upon and had to return fire to defend
themselves. After this incident the police reportedly surveyed the area and
came upon Mr. Jim nez who was still alive but apparently badly injured.
The police allegedly tried to transport him to the hospital, but he died on
the way. A police investigation was launched. Later, Maria Estela
Garcia Ramirez, the deceased's widow, filed a complaint that the police had
entered her home, shot her husband and beaten her father and brother, stolen
3,500 pesos and a recorder, and caused damage to the home. Upon
investigating, state medical specialists found no evidence of injury to any
member of the family, nor was there any apparent damage done to the home.
The matter has yet to be resolved and is still being investigated
(14 November 1997) . In a follow—up letter, the Government informed the
Special Rapporteur that it had received no confirmation of the death threats
supposedly levelled against Maria Estela Garcia Ramirez and that she would
have to come to police headquarters to lodge a complaint. There was no new
information on the death of Celerino Jim nez Alm raz (6 February 1998) .
152. As concerns the case of the death of Juan Aceves Cruz, the Government
transmitted a report prepared by the Procurator General of the State of Oaxaca
stating that all of the facts of the case as submitted were correct, except
that Juan Aceves Cruz was inside a restricted zone of the Oaxaca airport when
he was shot. Apparently, the military authorities in this area warned the
deceased three times to vacate the area and then fired two warning shots into
the air, at which point the man, who on horseback, allegedly charged a
lieutenant. At this point Juan Aceves Cruz was shot. His body was identified
by his mother who has demanded an investigation into his death. This
investigation is being carried out by the competent authorities, who will
transmit further details to the Special Rapporteur upon completion of the
inquiry (14 November 1997) .
153. Regarding the case of the death of Adri n Sebasti n Antonio, the
Government submits that the facts of the case as transmitted by the Special
Rapporteur are incorrect. The Government maintains that Adri n Sebasti n
Antonio was found by police in the area of the ranch Llano Maguey in
possession of a 22—calibre rifle and 8 live cartridges. As he had no licence
and the weapon was not registered, the police detained him. During the trip
to Oaxaca the vehicle, carrying the detainee and seven policemen, burst a tyre
and tipped over. Everyone inside was injured and Adri n Sebasti n Antonio
died. An investigation has been undertaken and the driver of the vehicle is
standing trial for causing the death of Adri n Sebasti n Antonio and the
injuries to his fellow police officers. A sum of 50,000 pesos has been
paid to the family of Adri n Sebasti n Antonio in compensation for his
death (14 November 1998) .
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154. In the case of the death of Antonio Torres Estrada, an investigation by
the Procurator General of the State of Guanajuato has been initiated, but no
evidence has been found to suggest who may be guilty. It was postulated that
the deceased may have caused his own death by falling and hitting his head
while drunk (11 January 1998) . In an update, the Mexican Government stated
that the subject had died in the hospital from a blow to the head that he had
received from police officers while in prison. No mention was made of a case
pending against the officers who inflicted the blow (12 February 1998) .
155. Regarding the death of Reyes Penagos, the Government affirms the facts
of the case as transmitted by the Special Rapporteur and has launched an
investigation, which had not yet concluded (11 January 1998) . In an update,
the National Corcoeission for Human Rights found police officers of the State of
Chiapas responsible for Reyes Penagos' death. Its investigation could be
carried no further because of a lack of cooperation from the police forces.
The matter has been handed over to the Chiapas state government
(12 February 1998) .
156. The Government further reports that judicial proceedings against those
stated to be responsible for the death of Sixto de la Rosa Martinez is now
underway. The facts of the case as the Special Rapporteur transmitted
them were correct. The family of the deceased has yet to receive any
compensation (12 January 1998) .
157. In response to the Special Rapporteur's transmitted allegations and
inquiries regarding the events that transpired on 22 Decer er 1997 in the area
of Acteal, Chenalho municipality, Chiapas, the Government replied that
immediately after the occurrence of the events, it sent teams of investigators
into the area. By 28 December 1997, it had been decided to proceed with
criminal charges against 40 individuals, including 3 minors. Additionally, it
was reported that humanitarian aid was furnished to the area. The
investigations and trials were still under way at the time of the Government's
communication (21 January 1998) . The Government provided additional
information on this matter, including news of the indictment of nine other
persons including government officials. Information was also provided
concerning the follow—up activities of the Procurator General of the Republic,
the Secretary of Governance, the Secretary of National Defence and the
National Commission of Human Rights (30 January 1998) .
158. The National Corcoeission of Human Rights submitted a report on the
investigation surrounding the case of the three journalists, Rene Solorio,
Ernesto Madrid and Gerardo Segura, whose lives were supposedly threatened
because of reports they had made on TV Azteca. The Corcoeission provided a
detailed outline of the progress of the investigations undertaken, ending with
the journalists' supposed refusal to appear for any further questioning in
October 1997 (6 February 1998) .
159. The Government also provided information that, with reference to death
threats made against Gustavo Zarate, Celso Cruz, Mariano L6pez, Inar Berneli
Dominguez, Jorge Motolinia, Rosendo Hern ndez and Felipe L6pez, the government
of the State of Chiapas has taken measures to protect the lives of these
individuals (28 May 1998) .
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160. Concerning the case of Jorge Nava Aviles, the Government replied that
several police personnel have been implicated and/or convicted for the killing
of this individual and the subsequent police cover-up. In addition, the
Procurator General of the Republic has arranged some human rights training for
government police forces (23 June 1998) .
Follow—un
161. The Special Rapporteur sent a letter to the Government inquiring about a
newspaper article that appeared in La Jornada on 12 August 1998, which stated
that she had been invited by the Mexican Government to visit the country. The
Special Rapporteur requested more information regarding this invitation, so
that she could begin to propose dates for a visit to Mexico. At the date on
which this report was written, she still had not received a response from the
Government. The Special Rapporteur would like to reiterate her desire to
visit Mexico (17 September 1998) .
Ob s e r vat i on s
162. The Special Rapporteur regrets the gravity of the violations of the
right to life in Mexico in the past year and finds the events that occurred in
Chiapas especially disturbing. Additionally, it is worrying that indigenous
populations seem to be regularly targeted for this type of violence, as are
human rights defenders. The Government's numerous and thorough replies to
past allegations is, however, encouraging and demonstrates a will to cooperate
with the Special Rapporteur's mandate. She sincerely hopes that this spirit
of cooperation will result in a formal, written invitation from the Government
to visit the country.
Mo r o c c o
163. The Special Rapporteur transmitted one allegation of violation of the
right to life to the Moroccan Government on behalf of Khatri Embarec El-Abd,
allegedly killed on 11 June 1998 near the Algerian border. He had apparently
travelled to Rabat to request a travel visa to Mauritania, which was denied
him. On 11 June 1998 his family was informed that he had died of gunshot
wounds.
My a nm a r
164. The Special Rapporteur received a large nur er of reports of alleged
killings during the period under review. Forced village relocations, forced
portering and labour for the military suffered mostly by ethnic minorities,
and the impunity of the security forces remain situations for concern from the
perspective of extrajudicial, summary, or arbitrary executions. Sources claim
that many ethnic minorities, particularly the Karen, have had to flee to
refugee camps in Thailand. Additionally, it should be noted that many of
those killed were women, children and elderly people.
165. For an in-depth analysis of the human rights situation in the country,
the Special Rapporteur refers to the reports submitted by the Special
E/CN.4/1999/39/Add. 1
page 43
Rapporteur on the situation of human rights in Myanmar to the General Assembly
at its fifty—third session (A/53/364) and to the Corcoeission on Human Rights at
its fifty-fifth session (E/CN.4/1999/29) .
Communications sent
166. The Special Rapporteur transmitted the following allegations to the
Myanmar Government:
(a) Regarding persons who returned to the villages from which they
were forcibly relocated to harvest crops or gather livestock and were
reportedly killed, allegations were transmitted on the following persons:
Sai La, Nang Lu, Nang Mon (12) , Nang Li, Sai Wa—Ling, Sai Lu, Sai Suay—La,
Nang Suay—Khin, Loong Sarm—Tao, Nang Lek, Sai Aw—Wa—Ta, Sai Wi—Zik—Ta,
Nang Suay-Yunt, Loong Ma-La, Sai Nan-Ti-Ya, Nang Phawng, Nyo Awng, Ping Nya,
Wi Ling Ta, Nang Kyar, Nang Kyawt, Pan Ta, Nang Tarn, Tar Li, Ping-Nyar,
Ai Nyar, Pan Ti Ta, Ai Kaw, Sai Tun, So Na, Nang Kahm (15), Nang Yong, On Ta,
Pc Htee, Za Ling, Zik Ta, So Pc Ta, Aye La (13) , Nang Ing, Ti Mat, Pin Ya and
Ko Ling;
(b) Regarding persons accused of participating in or aiding insurgent
groups who were reportedly killed, allegations were transmitted on the
following persons: Loong Su, Nang Nu, Hla Soe, Naw Lah Kweh, Loong Kaw Ya,
Loong Aw, Loong Leng, Loong Hawm, Sai Ma La, Sai Taw Na, Sai Awng La, Sai Wi
Yig Ta, Sai Saw Nan Ta, Sai Ya Zing Ta, Nang Non Zing, Nang Ham, Nang Poi,
Nang Lu, Nang La, Kae Lar, Pam La, Ya Ying Ta, Zai Saw Ying Na, Aw Pae Ta,
Wa Lik Ta, Nya Na, Phaw Ka, Kaw Ling, Wi Mar Lar, Nang Suay Han, Nang Man,
Zai Mar Lar, Zai Too, Loong Sai Long, Loong Yawd Kham, Loong Sai Long,
Loong Yawd Kham, Loong Par Hla, Loong Thi, Sai Hla Kyi, Sai Tee Ya, Sai Kham,
Sai Nu, Sai Myo, Sai Leang, Sai Ar Lee Ya, Sai Vi Sing Tar, Sai Kar Vi, Sai Vi
Mar Lar, Nang Pong, Nang Aye, Nang Pool, Nang Kham Arm, Nang Parng and
Nang Soi;
(c) Regarding the alleged killings of villagers near their homes or
through forced labour assignments, allegations were transmitted on the
following persons: Nang Ying—Yunt (17), Loong Kank Sai, Pa Nya Paw, Loong,
Mu, Loong La, Loong Sai Long, Awng Sa, Loong Loi Kham, Pam La, Awng Mya,
Kham Leng, Loong Mung, Loong Loo, Ta Naw, Awng Thun, Sai Ham, Loong Pan—Ta,
Loong Kham-Leng, Sai Thun-Nae and Khin Maung Win;
(d) Regarding the alleged killing of political detainees and monks,
allegations were transmitted concerning the case of U Tin Shwe, a 67—year—old
lawyer and prominent writer, and Venerable Yan Na and Venerable Em Taga, both
monks;
(e) Regarding refugees reportedly killed in transit, allegations
were transmitted concerning Nang Kham, Nang Lu (17), Nang Oom (16) and
Nang La Koi (16) .
167. In addition to these allegations, the Special Rapporteur also
transmitted allegations concerning violations of the right to life on behalf
of 49 unidentified persons.
E/CN. 4/1999/39/Add.1
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Ob 5 Vat on
168. The Special Rapporteur is deeply dismayed by the large nur er of
allegations of the Violation of the right to life by State actors which she
continues to receive. She finds the impunity enjoyed by these persons most
abhorrent and notes that many of the deaths reported occurred owing to alleged
forced portering, forced relocations, and violence against women. She also
regrets that ethnic minorities, especially the Karen population, appear to be
targeted for these abuses. She would encourage the Government to institute
democratic practices as soon as possible and to take steps to ensure its
population's human rights by bringing those who commit violations of these
rights to justice. She further regrets that the Government of Myanmar has not
responded to her communications and looks forward to receiving these replies
in the future.
Nepal
Communications sent
169. The Special Rapporteur transmitted one communication to the Government
of Nepal concerning the death of Namchung Gyatso, a Tibetan monk shot by
Nepalese police during an armed clash on 15 September 1998. He reportedly
died because of the one—hour delay it took for the police to transfer him to a
hospital.
Communications received from the Government
170. The Government transmitted one reply to the Special Rapporteur during
the period under review. In its report, the Nepalese Government asserted its
desire to promote and institutionalize human rights. It declared that people
in custody are not tortured and are provided with appropriate medical
attention. Furthermore, the Government stated that within the past two years,
a terrorist group called the Maoists has been responsible for attacks on
police posts, the maiming of innocent and unarmed civilians, the destruction
of private property and the deaths of 143 people. In dealing with this armed
insurgent group, the Government maintains that no one has died in police
custody, and that they are attempting to resolve the problem with the utmost
seriousness (14 April 1998) .
Ob s e r vat i on s
171. Despite the corcoeunication received this year refuting all allegations,
the Special Rapporteur regrets that no replies to any individual allegations
or urgent appeals have been received in the past two years. The Special
Rapporteur remains concerned at the apparent worsening of the human rights
situation in the country. The allegations that the police are carrying out
extrajudicial executions and framing armed Maoist groups as the culprits are
particularly worrisome. She calls on the Government to fully cooperate with
her and take steps to investigate and bring to justice all perpetrators of
violations of the right to life.
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Ni Qeria
172. It has been brought to the attention of the Special Rapporteur that the
death penalty in Nigeria is being used on a regular basis by military
tribunals that deny defendants rights guaranteed to them by international law.
Such rights include adequate legal representation and the right to appeal to a
higher tribunal. Since 1996, these military tribunals of Nigeria have applied
the death penalty to crimes such as treason, murder and armed robbery.
173. For an in-depth analysis of the human rights situation in the country,
the Special Rapporteur refers to the most recent report submitted by the
Special Rapporteur on the situation of human rights in Nigeria to the
Commission on Human Rights at its fifty-fifth session (E/CN.4/1999/36) .
Communications sent
174. The Special Rapporteur sent two urgent appeals to the Government of
Nigeria on behalf of individuals convicted of treason and sentenced to death
by a military tribunal that did not meet international human rights standards.
This first communication was sent on behalf of 26 unnamed persons
(19 March 1998) .
175. The follow—up appeal identified Lieutenant—General D. Oladipo Diya,
Major General Abdulkarim Adisa, Major General Tajudeen Olanrewaju,
Major Olusegun Fadipe, Lieutenant Colonel Olu Akinyode and Bola Adebanjo as
individuals facing imminent execution following their allegedly unfair
convictions (30 April 1998) .
176. The Special Rapporteur transmitted allegations regarding violations to
the right to life on behalf of the following persons:
(a) Chidiebere Onuoha, a 17—year—old male who was executed on
31 July 1997 after being sentenced to death by a robbery and firearms tribunal
that failed to meet international standards;
(b) Alhaji Shehu Musa Yar'Adua, who reportedly died on 8 December 1997
while incarcerated in Abakaliki prison. Unsanitary and life—threatening
conditions are blamed for his death;
(c) Patrick Usikekpo, who reportedly died on 16 Decer er 1997 in
Uyo prison because of unsanitary conditions and lack of medical care.
Pakistan
177. The Special Rapporteur has learned that large—scale violations to the
right to life are continuing to occur in Pakistan. Reports claim that many
killings are corcoeitted by the police and members of armed terrorists groups,
who are allegedly acting with the full support and protection of the
Government. During the period under review, law enforcement officials,
security forces, paramilitary rangers, intelligence agencies and police
officers have all been accused of corcoeitting extrajudicial executions. Many
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page 46
of the victims include members of political parties, such as the
Muttahida Quami Movement, who were identified and singled out by the
assailants.
178. Allegations were also received concerning the extrajudicial, summary, or
arbitrary executions of women. Sources reported that women in Pakistan
continued to be victims of criminal violence and were killed for harming the
family's or clan's honour by choosing their own marriage partners. It was
further asserted that in many cases, tribal councils held quasi—judicial
trials and sentenced women to death.
Communications sent
179. The Special Rapporteur sent one urgent appeal to the Government of
Pakistan on behalf of Ayub Masih, a 27—year—old Christian convicted of
blasphemy and sentenced to death on 27 April 1998 (12 May 1998) .
180. Concerning killings committed by law enforcement personnel, paramilitary
rangers or local police, the Special Rapporteur transmitted five allegations
on behalf of the following persons: Abdul Wahab, who was reportedly killed on
17 July 1998 by two gunmen who emerged from a mobile post of the paramilitary
rangers; Salim Akhtar, Fakhre Alam and Syed Moharcoead Nazr Ul Huda who were
all reportedly killed by a police constable of Garden police station on
19 July 1998; and Mansoor Hussain, who was said to be killed on 26 August 1998
by members of the Gharibbad police station.
181. Concerning killings committed by law enforcement personnel and/or
paramilitary rangers together with members of the Haqiqi group, the Special
Rapporteur transmitted eight individual allegations on behalf of the following
persons: Abul Qasim, Mohammad Afzal, Amanullah, Mohammed Aslam, Mohsin,
Azhar Mahmoud, Mohammad Azeem and Mohammad Adil Sheikh. Furthermore,
10 unidentified persons were said to have been killed on 12 August 1998
by eight gunmen who fled in the direction of the paramilitary rangers
headquarters after carrying out the executions.
182. Concerning deaths committed by mer ers of the Haqiqi group with the
supposed support and protection of the Government, the Special Rapporteur
transmitted 21 individual allegations on behalf of the following persons:
Syed Naveed Hasan Naqvi, Dr. Mansoor Ahmed Siddiqui, Moharcoead Yusuf,
Mumtaz Hussain, Zainul Abdeen, Mohammed Salim, Noor Alam, Zaheer Ahmed,
Mohammad Akbar Khan, Mohammad Moeen, Mohammad Nasir, Moharcoead Tahir, Zeeshan,
Imran, Saeed—Ur—Rehman, Ahtisham Uddin, Shaukat, Riasat Hussain,
Mohammad Jameel, Moharcoead Sohail and Mohammad Ismail. The aforementioned
were all killed in the area of Karachi.
Ob s e r vat i on
183. The Special Rapporteur is alarmed at the reports of almost daily
killings of people in police encounters and the lack of proper inquiry by the
Government into such killings. The Special Rapporteur further regrets that
the Pakistani Government has sent no replies to the allegations transmitted
during 1995, 1996, 1997 or 1998.
E/CN.4/1999/39/Add. 1
page 47
Panama
Communications sent
184. The Special Rapporteur transmitted one allegation of the violation of
the right to life to the Government of Panama on behalf of Juan Santos,
allegedly killed 17 June 1997 by police officials in the town of
Puente Blanco, Bocas del Toro province. Apparently, a conflict broke out in
the corcoeunity between local security forces and the town's inhabitants when
security forces asked the local people to vacate the area of Puente Blanco.
Allegedly, security forces then released tear gas and beat various members of
the corcoeunity. During this incident, a shot was fired which reportedly caused
the death of Juan Santos.
Communications received from the Government
185. The Panamanian Government informed the Special Rapporteur that it has
undertaken an investigation into the death of Cipriano Garcia. The cause of
death has been determined by autopsy, but it remains unclear who committed the
killing, and as of yet, no one has been accused of this crime (3 June 1998) .
186. Additionally, the Government of Panama submitted a very detailed reply
to the allegations concerning the death of Juan Santos Chobra, including a
video tape of the incident which led to his death and a transcript of the
investigations undertaken. Although the investigation and its consequent
court proceedings have not yet been completed, the Government claims that on
17 June 1997, police forces entered the town of Puente Blanco with specific
orders not to engage in conflict with the indigenous populations. However,
the documents report that the police encountered an already angry and armed
citizenry, at which point the use of tear gas was necessary to disperse the
crowd. In the middle of this confusion, officer Eduardo Espinoza fired three
shots, two warning shots and a third, which hit and killed Juan Santos Chobra.
Mr. Espinoza has been charged in the killing and his trial is pending.
Compensation for the family of Mr. Santos is pending the results of this trial
(5 October 1998) .
Ob s e r vat i on s
187. The Special Rapporteur thanks the Panamanian Government for its prompt
and detailed replies to her inquiries and looks forward to further details at
the conclusion of the investigations.
P a r a u a V
Communications received from the Government
188. Regarding the allegation submitted concerning the death of Felipe Pablo
Benitez, the Government responded that no official was in any way involved in
his death, which resulted instead from an attempted robbery of a neighbour.
The Government explained that the neighbour allegedly heard suspicious sounds
at the edge of his property and shot into the night, reportedly killing
E/CN. 4/1999/39/Add.1
page 48
Felipe Pablo Benitez. The neighbour then fled and was later captured by the
police. His trial is still in progress, and no compensation has therefore
been granted to the family of Felipe Pablo Benitez (11 June 1998) .
189. The Special Rapporteur also received a note from Dr. Ramona J.
Bertoni Fen ndez upon her becoming Director General of Human Rights of the
Ministry of Justice and Labour, assuring the Special Rapporteur of the
high priority which the Government of Paraguay places on human rights
(15 October 1998) .
Peru
Communications sent
190. The Special Rapporteur transmitted three urgent appeals to the
Government of Peru on behalf of the following individuals:
(a) Concerning the case of Delia Revorado, the Special Rapporteur,
jointly with the Special Rapporteur on the independence of judges and
lawyers, transmitted an urgent appeal concerning the death threats that
Judge Delia Revorado reportedly received after her public announcement that
she was opposed to President Fujimori seeking a third term. Because of this
statement she was removed from the Constitutional Court, where she had
previously ruled that a third term would be unconstitutional. According to
sources, Delia Revoredo and her husband Jaime Mur fled the country, while her
three children remained in Peru, where they continued to receive death threats
(1 May 1998);
(b) Regarding the case of Heriberto Benitez Rivas, the Special
Rapporteur, jointly with the Special Rapporteur on the independence of judges
and lawyers, transmitted an urgent appeal owing to the reported death threats
directed at Mr. Benitez in connection with his work as a human rights lawyer.
His life and physical integrity, as well as that of his family, was feared for
(13 May 1998);
(c) Sofia Macher, Executive Secretary of the National Coordination of
Human Rights in Peru, who had allegedly received death threats after the
organization issued a press statement supporting the call for a referendum on
the issue of whether President Fujimori should be allowed to serve a third
term. Supposedly, these threats came from individuals employed by the
Intelligence Service (22 Septer er 1998) .
191. The Special Rapporteur also transmitted the following allegations of the
violation of the right to life to the Peruvian Government:
(a) Regarding allegations of killings corcoeitted by military personnel:
Fortunato Chipana Ccahuana, reportedly shot dead at his home during the early
morning hours of 24 February 1997 in the area of Villa Rica, Oxampampa, Pasco,
by military personnel reportedly carrying out an anti—Tupac Aoearu mission;
Takahiro Miyashita and Chiaki Ito, two Japanese students allegedly killed
17 October 1997 near Rio Amazonas by mer ers of the army stationed at
El Pijuayal who allegedly wanted to rob them;
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page 49
(b) In connection with allegations of deaths in custody:
Ricardo Solano Asto, reportedly detained on 27 Decer er 1997 and ill—treated
by police officers of Chaupimarca, Cerro de Pasco, Pasco, and accused of rape.
Sources stated that his body was eventually taken to hospital.
Communications received from the Government
192. The Government provided information to the Special Rapporteur on the
following situations:
(a) The following persons received corcoeutations of their death
sentences on 24 December 1997: Dennis David D vila Picon, Victor Quispe
Manuico, Maria Isabel Linares Farro, Jorge Canari Vasguey, Braulia Jesusa
Contreras Trujillo, Mois s Leguia Damiano, Johomen Aristides Rios Contreras,
Luis Alberto Bacalla Sopla, Gerardo Barrientos Prieto, Melit6n Lipa Fern ndez,
Bernardo Tineo Huallama, C sar Ernesto Armas Chafo, Liborio Magdaleno
Cerna Flores, Secundino Cruz Cumbay, Marcelo Demetrio de la Cruz Sandoval,
Walter Luis Falla Rivera, Martin Flores Marcatoma, Segundo Todoro
Guevara Quispe, Eutimio Mauro Guti rrez Reyes, Miguel Alejandro
Guti rrez Ventocilla, Felipe Joaguin Aguirre, Adri n Julca Crisanto,
Elias Julca Huaman, Avelino Apaza Machaca, Carlos Alberto Masias Chirogue,
Javier Orlando Matta Alvarado, Gabriel Mondalgo Machaca, Jos Eduardo
Montoya Rodriguez, Teodora Moreno Loloy, Lorenzo Marcial Navarro Fern ndez,
Marina Paico Porras, Primitivo Polo Vera, Feliciano Oscar Quispe Najarro,
Jos Alfredo Ramirez Nole, Presentaci6n Rodriguez Garcia, Sonia Elizabeth
Rojas Prieto, Gerardo Dionicio Rosa Guti rrez, Victor Hugo S ez Mayorga,
Joaguin Silupu Palacios, Mirtha Baguelita Sobrado Correa, Jaime Rodrigo
Solis Macedo, Lilia Esther Solis Villapuma, Maria Luisa Soriano Soriano, and
David M ximo Sulca P rez. The following persons received pardons of the death
penalty on 24 Decer er 1997: Dante Alberto Huaman Palomino, F lix Ernesto
Agustin Cruz, Elber Felipe Aoees Cueva, C sar Alejandro Cashpa Vargas,
JesCis Norberto Chacaltana Huarcaya, Fulberto Marceliano Cuadros S nchez and
Victor Inocente Chaicha Principe (6 January 1998);
(b) A 60—day state of emergency was declared on 22 May 1998 in several
areas of the country, during which a certain number of constitutional rights
guaranteed in the Peruvian Constitution were suspended (29 May 1998) ;
(c) Regarding the case of Delia Revoredo, the Government confirms
that she and her husband left the country for Costa Rica as tourists on
13 April 1998 and that both can enter and leave Peru as they desire.
Jaime Mur had been investigated by customs officials for possession of
contraband, but he was never detained. It was for that reason that he was
originally denied asylum in Costa Rica, although he was later permitted to go
with his wife. The Government furthermore states that no formal complaints
have been registered with the Government regarding the threats against
Delia Revoredo and her family and that they are not the targets of political
persecution and shall receive the full protection of the Peruvian State
(31 July 1998) ;
(d) Concerning the case of Heriberto Benitez Rivas, the Government
denies ever receiving a formal complaint concerning death threats against him.
Furthermore, a government investigation into the alleged threats found them to
E/CN. 4/1999/39/Add.1
page 50
be baseless. The Peruvian National Police has nevertheless taken action to
ensure the safety and physical integrity of Heriberto Benitez Rivas
(31 July 1998) ;
(e) In reference to the allegations concerning Fortunato Chipana
Ccahuana, Takahira Miyahita, Chiaki Ito and Ricardo Solano Asto, the
Government attests that these cases have been assigned to the appropriate
officials and that investigations are under way to apprehend the perpetrators,
who will be given appropriate punishment regardless of their rank or position
(16 Septer er 1998);
(f) Regarding the allegations sent concerning Mariela Lucy
Barreto Riofano, Nicolas Carri6n Escobedo and Jorge Ch vez Espinoza, the
Government has provided information indicating that investigations are under
way in each case. The Government promises to inform the Special Rapporteur on
the outcome of all of the proceedings (17 November 1997) ;
(g) In response to the Special Rapporteur's inquiries regarding
the 14 individuals and 2 army personnel killed on 22 April 1997 at the
residence of the Japanese Ar assador, the Peruvian Government stated that the
deaths resulted from the action taken by the Peruvian Government to put an end
to an internationally condemned 172—day hostage situation. The action was
taken in accordance with Peru's State sovereignty and resulted in the freeing
of the hostages (17 Nover er 1998) .
Ob s e r vat i on s
193. The Special Rapporteur congratulates the Peruvian Government on ending
its system of wfaceless judges last October; however, she remains concerned
about the reports which she continues to receive regarding the widespread use
of torture in prisons, which often leads to extrajudicial, summary, or
arbitrary execution. She urges the Government to strengthen the legal
mechanisms for prosecuting the perpetrators of torture, which is now only
tried as the minor offence of wbattery in Peru. Furthermore, ensuring the
independence of the judiciary and greater freedom of the press in Peru would
provide additional safeguards against impunity. Finally, the Special
Rapporteur thanks the Government of Peru for its detailed and timely responses
to her corcoeunications.
Phili ines
194. It was brought to the attention of the Special Rapporteur that since the
reintroduction of the death penalty in late 1993, over 820 individuals have
been sentenced to death. Many of these persons were reportedly tortured
during their interrogation and several claims of unfair trials were alleged.
Communications sent
195. The Special Rapporteur sent two urgent appeals to the Government of the
Philippines. One concerned the case of Leo Echegaray, a man sentenced to
death in 1994 for raping his step—daughter. If his sentence is carried out,
Mr. Echegaray would be the first person executed since 1976 (2 March 1998) .
E/CN.4/1999/39/Add. 1
page 51
196. The second urgent appeal was on behalf of J 05 Manuel Diokno, Vice—Chair
of the Free Legal Assistance Group, who was still receiving death threats in
connection with his representation of State witnesses in the murder case
against members of the Philippine National Police. This followed a previous
urgent appeal sent on his behalf on 7 February 1997 (12 May 1998) .
197. The Special Rapporteur transmitted allegations regarding violations to
the right to life on behalf of the following persons:
(a) Cherry Fe Bustamante, an 8—year—old girl, who was reportedly
killed on 26 April 1998 when soldiers opened fire on her house on the
suspicion that members of an armed dissident group were there. Accusations
that the commanding officer attempted to bribe the family of the victim were
also included in the report;
(b) Marlon Fernandez, said to have been arrested, tortured and killed
by members of the national police on 4 September 1998. An investigation by
the Corcoeission on Human Rights contradicted official reports that claimed he
had died during an armed encounter;
(c) Lito Aslag, Rey Loreno (16) and Roy Loreno (16) all allegedly
killed on 19 August 1997 by soldiers while game hunting in the woods. Reports
claim that the soldiers then took the bodies to a funeral home;
(d) Dario Mahomot, Roger Baihtu, Amer Darino, Aladin Oblido,
Rogelio Gormez, Joel Mabiscay, Muddi Abdul Almad and Medardo Basingan,
eight prisoners who died on 8 March 1998 during a hostage crisis in prison.
Soldiers attempting to free the hostages reportedly used excessive force,
resulting in the deaths of the aforementioned individuals.
Communications received from Government
198. The Government of the Philippines sent replies to three allegations sent
by the Special Rapporteur during 1997. The first reply concerned the case of
the Suminao Clan in Kalagumayan, and specifically Benjie Abao, Undo Gulmba and
Juvy Mepana, three men who allegedly died during the demolition of their
settlements by the wblue guards” of the Baula family. The Government refuted
allegations that the disputed land was the group's sole means of subsistence
and claimed that the three men were involved in an attack against the police
who were supervising demolition of the houses on the contested property. The
Government further asserted that the police officers who committed the
killings were wounded in the back and legs. It also informed the
Special Rapporteur that despite the group's defiance of court orders, the
Government continues to attend to their claim within all legal parameters
(4 February 1998) .
199. The Government replied to the follow up letter sent by the Special
Rapporteur concerning the case of Gary Dalayhon, a 16—year—old who was
allegedly killed by three members of the police. An investigation into the
matter led to the arrest of three police officers who have now been charged
with the murder. The trial was proceeding as at the date of correspondence
(6 February 1998) .
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200. The third reply was in response to the Special Rapporteur's request to
be informed of the developments in the Kuratong Baleleng case. The
communication detailed the procedural developments as well as the legal
arguments and strategies that are developing. The Government also affirmed
its guarantees of both the rights of the accusers and the accused, and pointed
to the right to exhaust all legal remedies as the reason for delays in the
trial (3 March 1998) .
Ob s e r vat i on s
201. The Special Rapporteur commends the Government for fully cooperating
with and replying to the corcoeunications sent. She remains disturbed, however,
with the possible resurgence of executions in the country and views this
regressive trend with concern.
Republic of Korea
Communications sent
202. The Special Rapporteur sent allegations regarding the violation of the
right to life of Bong—Hae Yi, who reportedly died on 9 December 1997 as a
result of torture after having been arrested by police eight days earlier.
Bong—Hae Yi was pronounced dead upon arrival at the Dealim Saint Mary's
hospital after being transferred there from Seoul Youngdeungpo detention
centre. Sources stated that the autopsy report confirmed the cause of death
as cardiac arrest and found 16 areas of internal bleeding, bruises and scars
on various areas of his body. Moreover, it was claimed that the examining
doctor concluded that the bruises and internal bleeding had been inflicted a
few days earlier.
Russian Federation
203. The Special Rapporteur was informed that since becoming a mer er of the
Council of Europe on 28 February 1996, many people have been sentenced to
death and an unknown number of people have been executed. Furthermore,
judicial errors were said to have been made in a large percentage of the death
penalty cases. Allegations were also received concerning deaths of Russian
military personnel who were subjected to torture and other forms of
ill—treatment.
Ob s e r vat i on s
204. The Special Rapporteur was very pleased to be informed that the death
penalty would be abolished by April 1999 in accordance with the country's
obligations under the Council of Europe. In this spirit, she calls on the
Government to implement a de facto moratorium on the application and
implementation of the death penalty as well as the carrying out of executions.
Rw and a
205. The sheer quantity of allegations and individuals on whose behalf they
are sent continues to be of great concern to the Special Rapporteur. During
the period under review, massacres of refugees and civilians have accounted
E/CN.4/1999/39/Add. 1
page 53
for thousands of reported deaths. Most corcoeunications identified the Rwandese
Patriotic Army as the perpetrators; however, armed militia groups, the
Interahamwe militia and former Hutu army soldiers have also been blamed.
Furthermore, it has been alleged that trials being conducted for genocidal
crimes in which the death penalty is the primary punishment continue to deny
the accused rights ensured and protected by international law. This includes,
but is not limited to, the right to legal representation, the right to appeal,
and other safeguards such as the presumption of innocence and an independent
judicial tribunal.
206. For an in-depth analysis of the human rights situation in the country,
the Special Rapporteur refers to the most recent report submitted by the
Special Rapporteur on the situation of human rights in Rwanda to the
Commission on Human Rights (E/CN.4/1999/33)
Communications sent
207. The Special Rapporteur sent three urgent appeals to the Government of
Rwanda. The first was sent on behalf of Mfizi Muhirwa, Isidore Bishogo,
Ernest Gakire and Kami Mutangana, four soldiers in the Rwandese Patriotic
Army (RPA) who were said to be in imminent threat of extrajudicial execution.
This urgent appeal followed the reported execution of Emmanuel Rutayisire,
another RPA soldier ordered to be put to death by local military authorities
(13 February 1998) .
208. The next urgent appeal was sent following two occurrences: the remarks
by the Vice-President of Rwanda advocating the execution of those involved in
genocide and reports claiming that of the 325 genocide trails held after
December 1996, 112 had resulted in the death penalty, of which 13 were
confirmed by the Court of Appeals. These trials allegedly failed to meet
international standards such as the right to legal counsel, the presumption of
innocence and the right to appeal. The appeal was sent jointly with the
Special Rapporteur on the independence of judges and lawyers
(23 February 1998) .
209. The final urgent action was sent on behalf of 33 people who were
convicted of participating in the genocide of 1994. Reports indicated that
they were sentenced to death after unfair trials in which there was
witness—tampering, intimidation, and the denial of legal representation.
According to sources, this group included Silas Munyagishali and
Froduald Karamira. They were reportedly scheduled to be executed
on 24 April 1998 (23 April 1998) .
210. Concerning violations to the right to life reportedly carried out by
members of the Rwandese Patriotic Army, the Special Rapporteur transmitted
allegations regarding violations on behalf of the following persons:
(a) Bagabo and Kaje, who were among 156 people allegedly killed
on 8 June 1997; seven unidentified family members of Pierre Rwanzegushira
and five children of Martin Semanganya on 3 October 1997; Glyceria,
Euphrasie (17) , Musabyimana and her unborn child, Straton (10) , Nkiriyehe (12)
and Gaspard on 30 October 1997; Claudine, Nyirahabineza, Mukamana, Fortun e,
Drocella, Nyiramanzi, Mukarusagara, Franqoise, Vestine, Mukamuhire, St phanie,
E/CN. 4/1999/39/Add.1
page 54
Liberata, Mukabalinda and 137 other unidentified individuals on
9 Nover er 1997; Anastasie Nyiramajyambere, Nyirandayisaba,
Gilbert Nkurunziza, Nkubito, Nyiranzage, Mwiseneza, Kantukimana and three
other unidentified persons on 11 and 12 November 1997; Twizerimana,
Ndegeyingoma, Helene (3) , Agnes Nyirasafari, Epaphrodite Munyentwali,
Jeanne Mujawamariya, Gratia Uwamahoro, Alfred Dukundane, Ephrem Karasira,
Rukeribuga, Thad e Munyentwali and 288 other individuals on 16 November 1997;
Bendantunguka, Bahizi, Sembagare and Kimonyo on 6 January 1998;
Jaffet Kanyarwunga, Sifora, Marthe, Kayihura, Ndahayo (14), Justine Mukabarera
and 54 other unidentified persons on 13 January 1998; Gasyomvonoage (15) ,
Ringira (13), Birategetse, Anastasie and Jules (17) in April 1998;
Rubyeyi, Bayazana Tamari, Bagirurwimo, Uwamahoro (9) and 146 other
unidentified individuals on 12 May 1998; Sebazungu and 29 others on
5 January 1998; Wenceslas, Joseph Twagiramungu, Emmanuel Rutikanda,
Th r se Mujawayezu, Frida Mukamwezi, Angeline Ndavakure, Alphonse Mihigo,
Philom ne Murekatete, Dismas Sinumyavo, C cile, Vincent, Vianney, Florida,
Dative Uwimana, P lagie Uwamahoro, Consol e Mukamuhire, Illuminata, B ata,
Speiedion Ndimubanzi, Jean, Margarita, Ignace, Th r se, Janvier,
Jean—Damasc ne, Th og ne, Kigingi, Pierre, Edouard, Nyiramuha, Innocentia,
Maria, Magdalene Nyirangaruye, Midari, Mushamburere, Regina, Godefroid,
Ast rie, and 200 other unidentifed persons on 11 January 1998.
Ob s e r vat i on s
211. The Special Rapporteur regrets that she has received no communications
from the Government of Rwanda in the past two years.
Saudi Arabia
212. The Special Rapporteur was informed that over 120 people, including more
than 60 foreign nationals, were executed in 1997. Further allegations were
received claiming secret trials resulting in the death penalty that failed to
meet international standards. It was brought to the attention of the Special
Rapporteur that defendants are still being denied legal representation,
adequate appeals processes, and information related to their rights under
international law.
Ob s e r vat i on s
213. The Special Rapporteur remains very concerned about the allegations of
trials resulting in the death penalty that do not meet international
standards. Reported executions continue to be received involving foreign
nationals whose families or embassies knew nothing of the convictions and
which are in complete defiance of international law. The Special Rapporteur
calls on the Government to ensure that defendants in every capital case are
entitled to all safeguards established by law. Additionally, the restrictions
currently placed on civil society create an environment in which information
is difficult to obtain and impunity is more easily perpetrated. The
Special Rapporteur urges the Government to rectify this situation.
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page 55
Sene Qal
214. The human rights situation in the Casamance region of Senegal continues
to be a cause of concern, especially in the context of the violations of the
right to life that take place owing to the conflict between Senegalese
security forces and the armed independence group known as the MFDC (Mouvement
des forces d mocratiques de Casamance) . According to sources, incidents occur
on both sides of this conflict where civilians are killed extrajudicially.
Allegedly, civilians have been arrested by the Senegalese army and police
forces, have disappeared, and are later discovered to have died. The
Government has reportedly yet to carry out thorough investigations into these
incidents.
Information and corcoeunications sent to the Government
215. The Special Rapporteur drew the attention of the Senegalese Government
to the allegations she had received concerning the extrajudicial, summary or
arbitrary execution of the following two people: Alphonse Diatta, also known
as Reagan, allegedly killed on 12 July 1997 at a roadblock outside the city of
Ziguinchor by members of the Senegalese military when he failed to stop at the
checkpoint; and Sarani Manga Badian, leader of the MFDC, who reportedly died
while in custody of Senegalese soldiers after being arrested and tortured
between 24 and 28 August 1997.
Sierra Leone
216. Numerous allegations were received by the Special Rapporteur concerning
extrajudicial, summary or arbitrary executions committed by armed insurgent
groups within the country. Several thousand people have reportedly been
killed including innocent women and children. The Special Rapporteur was also
informed of death sentences issued by military courts that fail to offer
defendants the right to appeal. Many of these cases reportedly involved
soldiers accused of participating in the former military regime and convicted
of treason. Dozens of executions of political opponents were also reported
during the period under review.
Communications sent
217. The Special Rapporteur transmitted two urgent appeals together with the
Special Rapporteur on the independence of judges and lawyers on behalf
of 34 individuals reportedly sentenced to death by a court—martial acting
since 23 July 1997. All were said to be convicted of capital offences related
to treason and the atrocities committed by the military junta that was in
power from May 1997 to March 1998. The Special Rapporteur was informed that
the court-martial violates international human rights law by not providing any
right to appeal (15 October 1998, 9 October 1998) .
Requested visit
218. The Special Rapporteur requested an invitation to visit Sierra Leone in
order to better assess the human rights situation of the country regarding her
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mandate. Continued reports of extrajudicial, summary or arbitrary executions
have been received as well as allegations that the death penalty is being
applied in a manner inconsistent with international law. An in situ visit
would enable the Special Rapporteur to better evaluate the situation and reach
an independent assessment of the reports and allegations (29 Septer er 1998) .
Ob s e r vat i on s
219. The Special Rapporteur is sensitive to the needs of the Government to
bring those individuals responsible for the atrocities committed during the
military junta to justice but calls on the authorities to do so in a manner
consistent with international law. The Special Rapporteur is dismayed to note
that the human rights situation in Sierra Leone appears to be deteriorating
again after a brief period of improvement. She is, however, pleased that
Sierra Leone is a signatory to the International Covenant on Civil and
Political Rights and the Optional Protocol thereto and reminds the Government
that with this comes the responsibility to ensure all the rights protected
therein. One of these rights is the right to appeal a capital sentence
imposed by any tribunals.
Sin Qa ore
Communications sent
220. The Special Rapporteur sent one urgent appeal to the Government on
behalf of Asogan Ramest and Selvar Kumar. These two individuals were
sentenced to death for murder along with a third person who was granted
clemency by the President of Singapore. The Special Rapporteur requested that
the Government refrain from carrying out their executions and consider
granting them clemency as well (27 May 1998) .
Communications received from Government
221. The Government responded to the Special Rapporteur's urgent appeal sent
on 27 May 1998. The Government maintained that both Asogan Ramesh and
Selvar Kumar were given full recourse to all legal processes and protection
under Singapore law. Contained in this communication was a detailed account
of their case as well as the decisions and findings of the trial court and
Court of Appeals. It was asserted that both defendants were accorded legal
assistance at all stages, a fair and open trial, the right to appeal, and the
right to seek clemency (11 June 1998) .
Spain
Communications received from Government
222. The Government of Spain provided the Special Rapporteur with very
lengthy reports detailing the investigation into the deaths of
Salvador Gaztelumendi Gil and Jos Miguel Bustinza Yurrebaso (no date) .
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Sri Lanka
223. The Special Rapporteur was informed of the continuing conflict between
governmental forces and members of armed insurgent groups such as the
Liberation Tigers of Tamil Eelam and the consequent violations of the right to
life. Reports continued to be received alleging indiscriminate killings of
innocent civilians and non—combatants by both the Government and opposition
groups. Army personnel and other mer ers of the Sri Lankan military are
constantly being blamed for the massacre of hundreds of Tamil civilians.
These reported deaths are said to result from governmental air strikes on
civilian targets as well as deliberate killings by military and police
personnel. It was further asserted that police and military personnel have
killed large nur ers of innocent civilians in retaliation for acts committed
by isolated armed groups.
224. Information regarding the application and use of the death penalty was
also received during the period under review. Sources claimed that under
current Sri Lankan legislation, crimes which are not considered most serious,
such as drug—related offences and property crimes, are still punishable by
death.
Communications sent
225. The Special Rapporteur sent one urgent appeal to the Government of
Sri Lanka, on behalf of Iqbal Athas, a journalist for the Colombo Times who
was reporting on corruption in the security forces. He had apparently
received death threats from five gunmen suspected to be connected with the
security forces (20 February 1998) .
226. The Special Rapporteur transmitted allegations regarding violations to
the right to life on behalf of the following persons:
(a) Koneswary Murugesupillai, a 35—year—old woman who was reportedly
raped and then killed in front of her son on 17 May 1997 by members of the
Sri Lankan police force in Batticaloa;
(b) Thankanayaki, a 49—year—old woman, was also said to have been
raped and killed by a group of Sri Lankan police in Amparai
on 15 October 1997;
(c) Maruthalingam Tharmalingam, Shanmugarajah Sivanesan and
Sharip Jehan, three prisoners who apparently died on 12 Decer er 1997 after
being attacked in Katutara prison by other prisoners. Prison officials and
prison guards were accused of acquiescing to and assisting in the attack;
(d) Seevaratnam Sivarasa, said to have died on 31 October 1997 after
being detained and tortured in the Mount Lacinia police station. He was
apparently taken to hospital by the police on 30 October;
(e) Reverend Arulpalan, Francis Miranda Joseph and his 17—year—old son
Joseph Surendiran all reportedly died on 25 August 1997 after being arrested
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by Sri Lankan armed forces. A complaint was reportedly filed and the
Sri Lankan authorities failed to respond. The bodies were found with gunshot
and stab wounds on 9 September 1997;
(f) Aoeirthalingam Surenthran (13), Amirthalingam Jagendram (17), and
six other unidentified persons who were reportedly arrested by police
officers, taken to the police post and killed on 1 February 1998. Sources
also claimed that the police officers appeared to be drunk at the time;
(g) Thesingarasa Thangamani, Thesingarasa Vasanthakumari (17) ,
Nadarajah Pushpamalar, Nadarajah Gajan (4) , Ponnuthurai Annamalar,
Thurairatnam Parameswary and three other unidentified persons who were
apparently killed on 15 August 1997 when two Sri Lankan air force planes
bombed a Catholic church in Vavunikulam. In a similar incident
on 20 November 1997, Pararajasingam Karunamoorthy, Selvarasa and Jeyarooban
died in the area of Poonakary;
(h) Chandrawathy, Appukuddy Balachandran and Kandasamy, who all
reportedly died from indiscriminate firing by Sri Lankan security forces in
the Mankulam area on 8 July 1997;
(i) Antony Kanapathy, Raman, Ketharani and Umashankar (14) , who all
reportedly died on 17 July 1997 during an army raid on the hospital at
Akkarayan.
Ob s e r vat i on s
227. The reports by the Truth Corcoeissions published earlier this year were
looked upon highly by the Special Rapporteur. This was viewed as a
significant step for the country in improving its human rights status,
especially dealing with extrajudicial, summary, and arbitrary executions. The
Special Rapporteur calls on the Government to follow up on the recommendations
of the Corcoeissions without undue delay. This includes ensuring that forensic
experts are given adequate access and security in investigations into the
alleged mass graves in Chemmani. The Special Rapporteur believes it is
essential for the Human Rights Corcoeission to be strengthened and fully
supported by the Government in order to effectively remedy the current human
rights situation.
228. The Special Rapporteur compliments the Government of Sri Lanka for
containing the regional violence within the country. However, she calls upon
the civil and military authorities to continue the quelling of armed conflict
in strict adherence to international law. With respect to allegations that
unofficial armed groups within the country are being supported by the
Government, the Special Rapporteur encourages the Government to re—establish
State authority over such groups in order to protect against continued
extrajudicial, summary and arbitrary executions.
Sudan
229. The Special Rapporteur continued to receive reports of extrajudicial,
summary or arbitrary executions resulting from armed conflicts between mer ers
of the armed forces and armed insurgent groups within the country. She was
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also informed that Sudanese authorities supported armed opposition groups in
other countries that are allegedly responsible for gross human rights abuses
including summary executions.
Communications sent
230. The Special Rapporteur transmitted one urgent appeal together with the
Special Rapporteur on the situation of human rights in the Sudan and the
Special Rapporteur on violence against women to the Government on behalf of
four women reportedly sentenced to death for prostitution. They were
allegedly convicted and given the death penalty in accordance with
the 1983 Criminal Act which provides for the death penalty in cases of
third-time offenders (8 December 1997) .
231. The Special Rapporteur also sent an allegation to the Government on
behalf of 129 unidentified individuals allegedly forcibly recruited to undergo
military training. They were reportedly shot at after requesting leave in
order to celebrate the holidays of Kurban Byrum with their families and 74 of
these young persons were said to have been killed. Fifty—five other
individuals who attempted to flee by boat reportedly drowned after the boat
was sunk by officers. Twelve bodies were apparently turned over to the
families of the victims and the other bodies were said to have been buried in
secret mass graves in Khartoum, while 117 persons had allegedly not been
accounted for.
Tajikistan
Communications sent
232. The Special Rapporteur transmitted one urgent appeal to the Government
on behalf of Abdulkhafiz Abdullayev and five other men who were reportedly
sentenced to death for treason, banditry and terrorism. Sources claimed that
the men were denied the right to appeal and that Abdulkhafiz Abdullayev was
being denied adequate medical attention while being detained (21 April 1998) .
Thailand
233. During the period under review, the Special Rapporteur received
information concerning the high rate of violations of the right to life in the
border areas of Thailand. According to sources, the persons killed in these
areas were often refugees, including women and children.
Communications sent
234. The Special Rapporteur transmitted allegations of the violation of the
right to life to the Government of Thailand on behalf of Sarain (13) , Kmao (a
minor) and Rith (12) . All three were allegedly shot near the
Thailand-Cambodian border in the Aranyaprathet district by members of Thai
security forces. They were reportedly trying to cross the border with
four adults and one other minor.
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Communications received from the Government
235. The Government of Thailand informed the Special Rapporteur that it had
carried out an investigation into the case of the deaths of the three minors
Sarain, Kmao and Rith, shot near the CarcJiodian border, and had already
transmitted the results of the inquiry to the Representative of the
Secretary—General on the situation of human rights in Cambodia. The
Government stated that the three youths were persuaded by CarcJDodian bandits to
help them in a robbery. During the escape, this group was discovered by a
patrol from Thailand and they opened fire on the patrol, which returned the
fire. As the incident took place at night, it was impossible to determine the
age of the people involved (2 November 1998) .
Ob s e r vat i on s
236. The Special Rapporteur thanks the Government of Thailand for its prompt
reply to her corcoeunication. She is dismayed, however, at the information she
has received which indicates that the death penalty remains legal in Thailand
for drug trafficking, which by international standards is not considered to be
a wmost serious offence”.
Trinidad and TobaQo
Communications sent
237. The Special Rapporteur sent one urgent appeal to the Government on
behalf of Indravani Pamela Ramjattan, reportedly sentenced to death in
May 1995 for killing her husband. According to sources, she suffered from
extreme violence during her marriage, including repeated beatings and rapes.
This situation was apparently not brought out by her attorney during her trial
and consequently was not considered a mitigating circumstance. Furthermore,
sources also claimed that Ms. Ramjattan was held in prison for a year without
access to a lawyer and was not allowed to see her children for the first
seven years of her incarceration (29 Septer er 1998) .
Ob s e r vat i on s
238. The Special Rapporteur is very concerned about reports and allegations
that the Government has begun taking steps to accelerate executions by
speeding up the domestic legal process in capital cases and by enforcing
strict time limits on applications for redress under international law. Also
worrisome are its apparent attempts to remove the jurisdiction of
international human rights bodies to hear complaints in death penalty cases.
Tunisia
Communications received from the Government
239. The Government informed the Special Rapporteur that Mabrouk Zran, who
died in custody on 5 May 1997, died of natural causes. In its reply the
Government asserted that he had suffered from chronic diabetes, cardiac
problems, high blood pressure and tuberculosis, all of which had a documented
history of at least 10 years. He was allegedly given special medical
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attention in prison because of these conditions, and was transferred to a
hospital to undergo surgery for gangrene, in which he had his left leg
amputated below the knee. The Government held that Mabrouk Zran was allowed
daily visits from his family because of his condition and was finally
hospitalized again on 30 December 1996, where he remained until his death.
The tribunal of first instance in Tunis, after investigation into the matter,
decided that the case could be closed (6 Nover er 1997) .
Turkey
Communications sent
240. The Special Rapporteur sent an urgent appeal on behalf of Akin Birdal,
President of the Human Rights Association of Turkey, who was reportedly shot
by persons related to the State security services. The life and physical
integrity of Mr. Birdal was reportedly being threatened and the Special
Rapporteur called on the Government to guarantee his safety (15 May 1998) .
Communications received
241. The Government continued to send thorough replies to the Special
Rapporteur concerning the allegations transmitted. In one communication, the
Government informed the Special Rapporteur of the situation in the country
relating to terrorist groups such as the PKK. It detailed the aims and
objectives of the identified terrorist group and attached a news clipping to
further elucidate its concerns (1 October 1997) .
242. Concerning the follow—up letter of the Special Rapporteur on behalf of
Eyup Karabey and Mahir Karabey, the Government explained that an investigation
into the matter was made and the police found that the two men had been
abducted and killed. The Government stated that the two men were not taken
into police custody but rather had fled from the PKK. Concerning the case of
Eyup Tahir Ozer and Ali Cetinkaya, the Government stated that they had not
been taken into custody by the Siirt Police Department (13 Nover er 1997) .
243. The Government provided the Special Rapporteur with a detailed
description of the circular instructions issued by the Prime Minister's Office
on wThe Respect for Human Rights and the Prevention of Torture and
Ill—Treatment”. This circular spelled out the procedural and substantive
changes that should be implemented by the Turkish authorities during detention
of suspected criminals. It covered informing the accused of all legal rights
once in custody; registering the detention, transfer and release of prisoners;
and the drafting of medical reports for any person kept in police custody
(19 December 1997) .
244. The Government provided a further reply to the case of Eyup Karabey and
Mahir Karabey and explained that the perpetrators had yet to be identified.
Regarding the case of Hanifi Gurcan, the Government explained that the
investigation into the case found that no incident leading to his alleged
murder had been registered. Concerning the case of Eyup Tahir Ozer and
Ali Cetinkaya, it was asserted that an investigation into their deaths began
after autopsies concluded they had been shot. The perpetrators had not been
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identified to date. In regard to the case of Yavuz Gulden, an investigation
revealed no incident had taken place to give rise to the allegations
(16 February 1998) .
245. The Government sent the Special Rapporteur an unofficial English
translation of the new wRegulation on Apprehension, Police Custody, and
Interrogation” which entered into force on 1 October 1998. It spelled out the
changes and expected improvements to this legislation (21 October 1998) .
Requested visit
246. The Special Rapporteur sent a communication to the Government expressing
her interest in visiting the country. Repeating the request made by her
predecessor, she reiterated the importance of a visit to the country and
explained that it would better enable her to assess the incoming reports and
allegations of violations of the right to life (29 September 1998) .
247. The Government informed the Special Rapporteur that the authorities had
accepted her request to visit the country. However, because of the recent
visits of the Working Group on Enforced or Involuntary Disappearances and the
Special Rapporteur on the question of torture, it intended to work on her
request within the next year (20 October 1998) .
Turkmenistan
Communications sent
248. Two urgent appeals were transmitted to the Government of Turkmenistan
during 1998. The first was a follow-up appeal on behalf of
Gulgeldy Annaniyazov, who was reportedly imprisoned after an anti—Government
demonstration on 12 July 1995. The Special Rapporteur sent this appeal after
being informed that one of Mr. Annaniyazov's co—defendants had died in custody
after severe beatings. Reports claim that Mr. Annaniyazov remains detained in
a maximum security prison alongside violent criminals who continue to
physically assault him. The Special Rapporteur has still not received any
replies from the Government concerning the urgent appeals sent on behalf of
this man (15 January 1998) .
249. The Special Rapporteur sent a second urgent appeal concerning the
trials and death sentences of Andrey Voronin and Kamal Nepesov. The two were
allegedly convicted after trials that reportedly failed to meet international
standards and appeals processes that were perfunctory in their application.
The two men were reportedly denied access to a lawyer for one month after
their arrest, during which time they were allegedly forced to sign confessions
under physical and psychological duress (30 April 1998) .
United Kinqdom of Great Britain and Northern Ireland
Communications sent
250. The Special Rapporteur sent allegations regarding the violation of the
right to life on behalf of the following individuals:
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(a) Robert Hamill, reportedly killed on 27 April 1998 in Portadown,
Northern Ireland after having been attacked by a group of Loyalists. It has
been claimed that four officers of the Royal Ulster Constabulary sat nearby
and made no attempt to assist Mr. Hamill. Furthermore, reports claim that
none of the police officers were suspended and all charges have been dropped
against the suspects;
(b) Ibrahima Sey, a GarcJiian asylum seeker who reportedly died on
16 March 1996 after having been taken into custody by Forest Gate police
officers. A police statement claimed that he became ill upon arriving at the
station and was transferred to a hospital, where he died. Sources claim that
the CS Incapacitant Spray that was used on Ibrahim Sey might have been the
cause of death;
(c) Diarmuid O'Neill, reportedly shot and killed on 23 September 1996
by British police officers during a raid against the IRk. Police stated that
he died in a shoot—out; however, sources claim that he was unarmed and no
weapons were discovered in the house.
Communications received from the Government
251. The Government transmitted replies to the inquiries of the Special
Rapporteur contained in the 15 October 1997 communication. The information
and the relevant cases included the following:
(a) Concerning the case of Shiji Lapite, the Government explained that
the Police Complaints Authority (PCA) decided that no internal charges should
be brought against any officer following an inquest verdict of unlawful
killing and the Director of Public Prosecution's (DPP) decision that no
criminal proceedings should be brought. Both the PCA and the DPP have agreed
to review their decisions following a judicial review of the matter;
(b) Relevant to the John O'Reilly case, the Government stated that the
second inquest, held from 18 February to 3 March 1997, resulted in an open
verdict being returned by the jury. At the time of receipt, the PCA were
currently considering whether any disciplinary action should be taken against
any of the police officers concerned;
(c) Concerning the case of Dennis Stevens, the Government explained
that the inquest into his death began on 14 October 1997 and was adjourned on
14 November in order for counsel of the family to file an application for
judicial review. On 20 November, a hearing was held and leave was not
granted. It was made known that the family intends to apply to the Court of
Appeal and the inquest stands adjourned;
(d) Regarding the case of Kenneth Severin, the Government stated that
the inquest into his death resulted in an open verdict by the jury.
Subsequently, the coroner made a number of recommendations to the Prison
Service;
(e) Concerning the case of Alton Manning, the Government explained
that the inquest into his death was scheduled to commence on 12 January 1998;
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(f) Concerning the case of Richard O'Brien, the Government informed
the Special Rapporteur that DPP decided that there was insufficient evidence
to bring criminal charges against any of the police officers;
(g) Concerning the case of Wayne Douglas, the Government explained
that the inquest resulted in a verdict of accidental death and the coroner
made recorcoeendations to the police about the effects of restraint. The
application by the family of Mr. Douglas was heard on 23 July 1997 but was
unsuccessful;
(h) Concerning the case of Leon Patterson, the Government explained
that a new inquest took place from 4 to 25 November 1996 and a verdict of
misadventure to which neglect contributed was returned. The PCA decided there
was insufficient evidence to bring any disciplinary charges against any
officer.
252. The Government also informed the Special Rapporteur that in light of the
September 1995 judgement by the European Court of Human Rights on the killings
of Mairead Farrell, Daniel McCann and Sean Savage, the Government held that no
action was required beyond the payment of costs. Furthermore, it stated that
the Court had found no breach of the Convention and the Committee of Ministers
of the Council of Europe adopted a resolution stating that the United Kingdom
has implemented the judgement of the Court (12 January 1998) .
Ob s e r vat i on s
253. The Special Rapporteur would like to thank the Government for its
detailed replies to the allegations transmitted. She also welcomes the
movement by the Government to abolish the death penalty under military law by
the year 2001. Furthermore, the Special Rapporteur was pleased with the
revision of the Criminal Justice Bill that effectively removes the crimes of
treason and piracy from the list of capital crimes. All these efforts are
seen as a testimony to the Goverment's will to curb human rights violations
and the Special Rapporteur looks forward to continued cooperation with the
Government of the United Kingdom.
United States of America
254. The Special Rapporteur was informed that executions in the United States
during 1997 amounted to the highest annual judicial death toll in four
decades. Sources reported that 74 people were executed in 17 states,
including mentally—ill or mentally—handicapped persons and foreign nationals
whose rights to consular assistance had been violated. Allegations were also
received claiming that many of those on death row were sentenced after trials
in which they did not receive adequate legal representation.
Communications sent
255. Several urgent appeals were transmitted to the Government on behalf of
persons who were facing execution. The individuals on whose behalf they were
sent include the following:
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(a) Robert Smith, reportedly scheduled to be executed on 29 January
1998 and who allegedly failed to appeal his death sentence (15 January 1998) ;
(b) Karla Fay Tucker, upon whose behalf the Special Rapporteur sent
three urgent appeals addressed to the Governor of Texas, the Texas Board of
Pardons and Paroles, and the Secretary of State. Ms. Tucker was scheduled to
be executed on 3 February 1998 and was the first women in 15 years to be
executed in the United States (28 January 1998) ;
(c) Wilfred Berry, reportedly scheduled to be executed on 3 March 1998
and who apparently requested to be sentenced to death and withdrew his legal
appeals. Although he was twice diagnosed with schizophrenia, the court found
Wilfred Berry mentally competent to waive his legal appeals
(27 February 1998);
(d) Joseph John Cannon, reportedly scheduled to be executed on
22 April 1998 for a crime he allegedly committed at the age of 17
(2 March 1998) ;
(e) Napoleon Beazley, reportedly sentenced to death for a murder that
he committed at the age of 17 (28 May 1998);
(f) Anthony Porter, reportedly scheduled to be executed on
23 September 1998. He was convicted of murdering two people and, based on
Intelligence Quotient results, is said to be the most severely mentally
retarded person executed in the United States since 1977 (21 Septer er 1998) .
Communications received from the Government
256. The Government replied to all of the Special Rapporteur's transmissions
during the period under review. In its replies, the Government detailed the
legal safeguards ensured to defendants in criminal cases and specifically
cases in which the death penalty applies. The Government also assured the
Special Rapporteur that her inquiries would be sent to the appropriate
authorities of the state concerned. This type of reply was sent in response
to allegations concerning the following individuals: Robert Smith
(23 January 1998) , Karla Fay Tucker (6 February 1998) , Napoleon Beazley
(3 June 1998) and Anthony Porter. Furthermore, in the case of Anthony Porter,
the Government informed the Special Rapporteur that a mental competency
hearing would take place before 2 November 1998 (13 October 1998) .
Ob s e r vat i on s
257. The Special Rapporteur's concerns as they relate to the United States
are limited to issues pertaining to the death penalty. The increasing use of
the death penalty is a matter of serious concern and particularly worrisome
are the continued executions of mentally—ill and mentally—handicapped persons
as well as foreigners who were denied their international right to consular
assistance. The Special Rapporteur views the persistent application of the
death penalty and subsequent executions of persons who corcoeitted crimes as
minors as a very serious and disturbing practice that inherently conflicts
with the prevailing international consensus.
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Venezuela
258. The Special Rapporteur received several allegations of human rights
violations in Venezuela for the period under review, including allegations of
the violation of the right to life. The majority of these violations
concerned the extrajudicial killings of minors by members of police forces.
Information was also received by the Special Rapporteur which indicated that
conditions and practices within Venezuelan prisons often lead to the torture
or killing of inmates.
Communications sent
259. During the period under review the Special Rapporteur transmitted two
urgent appeals to the Venezuelan Government on behalf of the following
persons:
(a) Sisco Torbello Cordero and his wife Zulay Villegas Diaz, allegedly
threatened with death by mer ers of the Technical Judicial Police in
Barguisimeto, in the State of Lara. Sisco Torbello Cordero, a member of the
Cuban Friendship House, was detained on charges of robbery on 20 March 1998
and held incommunicado until 23 March, when he was allowed to see his wife and
lawyer. During that time he was reportedly beaten, questioned about his
political activities and threatened with death. Zulay Villegas Diaz was also
allegedly threatened with death on 25 March 1998 if she reported her treatment
to a higher authority. Sisco Torbello Cordero allegedly continued to be held
by police with no charges brought against him (3 April 1998) ;
(b) The family of Freddy Diaz (18) , allegedly threatened by mer ers of
the Sucre municipal police force after the reported shooting death of the
youth in July 1998 by a member of the force. After the incident, the entire
family was allegedly detained by police for 24 hours and threatened if they
reported the shooting. Despite the threats, the mother of Freddy Diaz,
Yolima Rangel, did file a complaint. Since that time the family, especially
Yolima Rangel, Ali Eduardo Sojo (14) , Katiuska Sojo and Flor Diaz, has
reportedly been harassed by police officials, who drive by their home
constantly. It was also reported that the judicial body charged with the
investigation of the case has delayed the court proceedings against the
policeman accused of the shooting (16 October 1998) .
260. The Special Rapporteur also sent two allegations of violations of the
right to life to the Government concerning:
(a) Jonathan Caceres Herrera (13) , reportedly shot dead on 7 May 1996
in Caracas by a mer er of the city's police force. It is alleged that the
officer simply shot at the deceased as he was walking with two friends, with
no prior warning or instigation. It is alleged that the police officer is
still engaged in active police duty;
(b) Simon Alvarez (14) , reportedly shot dead on 4 May 1996 in Puerto
de la Cruz by a mer er of the state police force. Allegedly, Simon Alvarez
was with some friends when members of the police force approached and asked
the youths for identification. As the deceased was looking for his
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identification in his pocket, a police officer allegedly aimed for his
thoracic region and shot, killing him immediately. To date no one has been
detained for the death of this minor.
Communications received from the Government
261. Concerning the case of the alleged death threats against
Sisco Torbello Cordero and his wife, Zulay Villegas Diaz, transmitted to the
Venezuelan Government on 4 April 1998, the Government affirmed that
Sisco Torbello Cordero was indeed detained by police for an alleged robbery.
However, the Government denies that he was ever mistreated or questioned
regarding his political activities; on the contrary, the Government contests
that it was especially conscientious regarding his health. The Government
also denies all knowledge of death threats made against Zulay Villegas Diaz.
The Special Rapporteur was informed that the legal proceedings against
Sisco Torbello Cordero are still progressing and he remains in State custody
(13 May 1998) .
262. Regarding the cases of Jonathan Caceres Herrera and Simon Alvarez, the
Government submitted a communication detailing the legal proceedings currently
taking place against the accused perpetrators of the killings of the boys. On
9 February 1998 Eddy VeOEzquez Bravo was detained on charges of intentional
homicide and inappropriate use of a firearm against Jonathan Caceres Herrera,
while the investigation against Jairo Elias Rodriguez remains open before the
Sixth Court of First Instance. Concerning Simon Alvarez's case, the
Government provided information indicating that JesCis Antonio Cisnero Cordero
of the Metropolitan Police has been implicated in the killing and was
convicted of homicide and inappropriate use of a firearm. His case is
currently in the appeals process.
Ob s e r vat i on s
263. The Special Rapporteur would like to extend her appreciation to the
Government of Venezuela for its cooperation, as demonstrated by its prompt
replies to her communications. She remains preoccupied, however, by the
vulnerability of minors in the country. The recent reports she has received
regarding the harsh conditions in Venezuela's prisons are also a matter of
concern, as such circumstances often lead to the extrajudicial, summary or
arbitrary deaths of those in custody.
YuQoslavia
Information received and communications sent
264. One urgent appeal was sent on 6 March 1998 to the Government on behalf
of 25 ethnic Albanians who were reportedly killed by members of the police.
This attack was apparently in retaliation for the deaths of two police
officers by the Kosovo Liberation Army. Reports claim that many of those
killed were unarmed and did not offer any resistance to the police.
265. The Special Rapporteur transmitted allegations regarding violations to
the riqht to life on behalf of the followinq individuals:
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(a) Imer Hamzaj, Ibrahim Hamzaj, Dervish Hamzaj, Bashkim Hamzaj,
Zege Hamzaj, Gani Hamzaj, Rifat Hamzaj and Haxhi Goga, allegedly killed by
members of the police force on 25 May 1998. Their deaths reportedly occurred
after police entered the village of Ljubenic, searched the house and ordered
the above—mentioned men, along with women and children, out of the house.
After directing the women and children to flee, the police reportedly ordered
the men to run away, at which point they shot them;
(b) Cen Dugolli, said to have been arrested on 21 June 1998 on
suspicion of terrorism. He reportedly died on 17 August 1998 in a hospital in
Pristina one day after police authorities transferred him there;
(c) Rexhep Bislimi, a human rights activist who reportedly died on
21 July 1998 in a hospital in Pristina. He was said to have been arrested on
6 July 1998 and transferred two weeks later to the intensive care unit of the
hospital with broken ribs and severe bruising. He apparently died despite
surgery on his kidneys;
(d) Sheh Muhedin Shehu, reportedly killed on 21 July 1998 by Serbian
police in the Tekke where he lived;
(e) Besnik Muharrem Restelica, allegedly arrested under the pretext of
being a member of the Kosovo Liberation Army on 30 January 1997. The police
claimed he committed suicide; however, photos of the body reportedly indicate
bruises and other evidence of torture. The death of Besnik Muharren Restelica
was reported to his father on 22 February 1998;
(f) Jonus Zeneli, indicted on charges of terrorism on 30 April 1997.
Shortly before the trial began, he was reportedly transferred to the prison
hospital on account of kidney pain attributed to torture. A certificate was
issued by the hospital claiming that his death was due to lung cancer;
however, pictures reportedly indicate evidence of torture and ill treatment;
(g) Ahmet Ahmeti, Gani Ahmeti, Eljmi Ahmeti, Driton Ahmeti,
Naim Ahmeti, Semsi Ahmeti, Lumni Ahmeti, Basri Ahmeti, Eljhami Ahmeti,
Hamzi Ahmeti and Behram Fazliu, who were all said to be killed on
28 February 1998 in the village of Likosane. Their deaths reportedly followed
a Serbian armed operation in the Drenica region of Kosovo in which they
searched the houses and ordered the occupants to come out and lie on the
ground. The security forces reportedly beat the men and shot them after
ordering them to leave;
(h) Fifty-five unidentified persons who were reportedly killed in a
police operation in Donji Prekay on 5—6 March 1998. All the bodies were
apparently buried by the police without identification or autopsies being
performed;
(i) Halilj Jasari, Vazim Jasari and Nazmi Jasari, who were all said to
be killed by mer ers of the police force on 6 March 1998. The group was
apparently involved in an armed conflict with the police before surrendering
to them. It was after their surrender that police allegedly shot and killed
them.
E/CN.4/1999/39/Add. 1
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Communications received
266. The Government transmitted two corcoeunications to the Special Rapporteur
during the period under review. The first acknowledged receipt of the Special
Rapporteur's urgent appeal on behalf of the 25 ethnic Albanians. It ensured
her that the information requested would be provided as soon as the competent
Yugoslav authorities were informed. This communication also included detailed
information regarding the situation in Kosovo and specifically the actions of
ethnic Albanian terrorists and the subsequent engagement of the security
forces (9 March 1998) .
Requested visit
267. The Special Rapporteur requested an invitation to visit the country in
order to better evaluate the situation and reach an independent assessment of
the reports and allegations received. Such a visit would allow the Special
Rapporteur to formulate pertinent recommendations with the objective of
strengthening the protection of the right to life if appropriate
(11 March 1998) .
268. The Government also provided another reply repeating its commitment to
providing all information relevant to the inquiries of the Special Rapporteur.
The Government further stated that there was no objective ground nor any need
for a visit by the Special Rapporteur because of the request it had already
extended to the President of the International Committee of the Red Cross for
the establishment of a fact-finding group of experts (17 March 1998) .
Ob s e r vat i on s
269. The Special Rapporteur is deeply concerned about the high nur er of
civilians, including many women, children and elderly persons, who have lost
their lives in the conflict in Kosovo over the last year. She has received
numerous reports indicating that government forces have used indiscriminate
and disproportionate force in their operations, which has led to significant
civilian casualties. There are also alarming allegations of possible
extrajudicial executions carried out in connection with these actions. The
apparent impunity with which these crimes have been perpetrated adds to the
urgency of the situation. The Special Rapporteur is also aware of distressing
reports of killings of civilians carried out by members of the so—called
Kosovo Liberation Army. She urges both sides to find a peaceful solution to
the problems in Kosovo, and to bring an end to the suffering and tragedy of
the people living in the province. She regrets that she has not been able to
visit the Federal Republic of Yugoslavia to observe the situation and
investigate allegations in situ .
II. OTHERS
Palestinian Authority
Communications sent
270. The Special Rapporteur sent an individual allegation regarding the
violation of the right to life on behalf of Hussein Abed Abu Ghali who was
reportedly imprisoned and tortured on 6 Septer er 1998 by individuals of the
E/CN. 4/1999/39/Add.1
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Presidential Security Force. The reported attempt to transfer him to the
hospital for medical attention failed and he was pronounced dead upon arrival.
An examination of the body supposedly revealed signs of torture and severe
bleeding.
Ob s e r vat i on s
271. The Special Rapporteur learned with regret that the first two executions
approved by the President were carried out on 30 August 1998. The executions
took place amid claims that the executed were denied the right to defend
themselves and the right of legal counsel. Having received only one reply to
all the allegations sent last year, the Special Rapporteur calls on the
Palestinian Authority to fully cooperate in investigating and bringing to
justice perpetrators of violations of the right to life.
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