Aadel Collection
Report of the special rapporteur, Ms. Asma Jahangir, submitted pursuant to Commission on Human Rights resolution 1999/35
UNITED
NATIONS
Economic and Social Distr.
Council
GENERAL
E/CN.4/2000/3
25 January 2000
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Fiifiy-sixth session
Item 11(b) of the provisional agenda
CIVIL AND POLITICAL RIGHTS, INCLUD1NG 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 1999/3 5
E
GE.00-10389 (E)
E/CN.4/2000/3
page 2
CONTENTS
Paragraphs Page
Executive summary 5
Introduction 1 - 3 7
L THE MANDATE 4-7 7
A. Terms of reference 4 - 5 7
B. Violations of the right to life upon which
the Special Rapporteur takes action 6 8
C. Legal fflamework and methods of work 7 9
II. ACTIVITIES 8 - 20 9
A. General remarks 8 - 9 9
B. Communications 10 - 15 10
C. Visits 16-20 11
III. SITUATIONS INVOLVING VIOLATIONS OF THE RIGHT
TOLIFE 21-34 12
A. Capital punishment 21 - 22 12
B. Death threats 23-24 13
C. Deaths in custody 25 - 26 13
D. Deaths due to excessive use of force by
law enforcement off cials 27 - 28 14
E. Deaths due to attacks or killings by security
forces, paramilitary groups or private forces
cooperating with or tolerated by the State 29 14
F. Violations of the right to life during armed
conflict 30 14
E/CN. 4/2000/3
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CONTENTS (cont'd)
Paragraphs Page
0. Expulsion, refoulement or return of persons
to a country or place where their lives are
indanger 31 15
H. Genocide 32-33 1 5
I. Rights of victims 34 15
IV. IS SUES REQUIRING THE SPECIAL RAPPORTEUR'S
ATTENTION 35 - 57 16
A. Violations of the right to life of women 35 - 36 16
B. Violations of the right to life of minors
- children in armed conflict 37 - 42 16
C. Violations of the right to life of refugees
and internally displaced persons 43 - 44 18
D. Violations of the right to life of individuals
carrying out peaceful activities in defence of
human rights and fundamental ffleedoms 45 - 46 18
E. Violations of the right to life of persons
exercising their right to freedom of
opinion and expression 47 19
F. OEe right to life and the administration of
justice 48 19
0. Violations of the right to life of persons
belonging to national, ethnic, religious
or linguistic minorities 49 19
H. Violations of the right to life and
non-State actors 50- 51 20
I. Violations of the right to life of individuals
who have cooperated with representatives of
United Nations human rights bodies (reprisals) 52 - 53 20
E/CN.4/2000/3
page 4
CONTENTS (cont'd)
Paragraphs Page
J. Violations of the right to life
of members of sexual minorities 54- 57 21
V. IS SUES OF SPECIAL CONCERN TO THE SPECIAL
RAPPORTEUR 58- 92 22
A. Capital punishment 58 - 73 22
B. Deaths due to attacks or killings by security
forces, paramilitary groups or private forces
cooperating with or tolerated by the State 74 - 77 26
C. Traditional practices affecting the right to life
- OEonour killings” 78 - 84 27
D. Violations of the right to life of
human rights defenders and journalists 85 - 86 29
E. Impunity 87 - 92 29
VI. CONCLUDING REMARKS AND RECOMMENDATIONS 93 31
A. Concluding remarks 93-95 31
B. Recommendations 96 - 116 32
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Executive summary
OEis report, which is submitted pursuant to Commission on Human Rights resolution
1999/35, covers information received and communications sent by the Special Rapporteur on
extrajudicial, summary or arbitrary executions in the period from 1 November 1998 to
5 December 1999. The report, which is divided into six chapters, focuses on diLerent aspects of
the problem of extrajudicial, summary or arbitrary executions and contains the Special
Rapporteur's observations on issues falling within the purview of her mandate.
Chapter I gives an overview of the mandate entrusted to the Special Rapporteur. In
chapter II, the Special Rapporteur presents the main activities she has undertaken within the
framework of her mandate during the period under review. Chapter III gives an overview of the
various situations involving violations of the right to life relevant to the Special Rapporteur's
mandate. In chapter IV, the Special Rapporteur presents a number of issues which require her
particular attention. Chapter V gives an analysis of the issues of special concern to the Special
Rapporteur. Finally, in chapter VI the Special Rapporteur presents her conclusions and a
number of recommendations she feels could be helpful in combating the problem of
extrajudicial, summary or arbitrary executions. In her report, the Special Rapporteur reviews the
issues discussed in her last report to the Commission on Human Rights, and also seeks to
elaborate on the new headings introduced last year, i.e. the practice of so-called OEonour
killings”, children in armed conflict, and violations of the right to life of members of sexual
minorities.
OEe Special Rapporteur submits three addenda to the present report. Addendum 1
describes 69 country situations, which include in summary form the information transmitted and
received by the Special Rapporteur, including communications received from Governments, as
well as the Special Rapporteur's observations where required and considered appropriate.
Addendum 2 contains the Special Rapporteur's report on her visit to the former Yugoslav
Republic of Macedonia and Albania from 25 to 28 May 1999, and addendum 3 the report on her
visit to Mexico from 12 to 24 July 1999.
OEe Special Rapporteur takes action in the following situations falling under her
mandate: (a) violations of the right to life in connection with the death penalty; (b) death threats;
(c) deaths in custody; (d) deaths due to the use of force by law enforcement off cials or persons
acting in direct or indirect compliance with the State; (e) deaths due to attacks or killings by
security forces of the State, or by paramilitary groups, death squads, or other private forces
cooperating with or tolerated by the State; (f) violations of the right to life during armed conflict;
(g) expulsion, refoulement, or return of persons to a country or a place where their lives are in
danger; (h) genocide; (i) deaths due to omission on the part of the authorities; (j) breach of the
obligation to investigate alleged violations of the right to life and to bring those responsible to
justice; and (k) breach of the additional obligation to provide adequate compensation to victims
of violations of the right to life and their families. OEe Special Rapporteur presents her
observations regarding these issues in chapters IV and V of the report.
During the period under review, the Special Rapporteur transmitted urgent appeals
concerning 213 individuals and a number of groups of persons to the Governments of 42
countries. Twenty-six of the appeals were sentjointly with other mechanisms of the
E/CN.4/2000/3
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Commission on Human Rights. The Special Rapporteur further sent allegations regarding
violations of the right to life of more than 900 individuals to the Governments of 41 countries.
In the last year, the Special Rapporteur conducted fact-ffinding missions as follows: from 23 to
25 May 1999 she visited the former Yugoslav Republic of Macedonia and Albania in order to
investigate allegations of extrajudicial killings in the context of the conflict in Kosovo; from
12 to 24 July 1999, the Special Rapporteur conducted a mission to Mexico, where she held
meetings in Mexico City and in the States of Guerrero, Chiapas and Chihuahua; from 4 to
10 November 1999, the Special Rapporteur, together with the Special Rapporteurs on the
question of torture and on violence against women, its causes and consequences, conducted a
joint mission to East Timor. The mission was undertaken pursuant to Commission resolution
S-4/1 and the ffindings of the Special Rapporteurs are reflected in theirjoint mission report
submitted to the General Assembly (A/54/660).
Chapter V of the report focuses on the following subjects, which are of particular concern
to the Special Rapporteur: (a) capital punishment; (b) deaths due to attacks by security forces,
paramilitary groups or private forces cooperating or tolerated by the State; (c) traditional
practices aLecting the right to life - OEonour killings”; (d) violations of the right to life of human
rights defenders and journalists; and (e) impunity.
OEe Special Rapporteur concludes that the information brought to her attention in the
course of the last year gives her no indication that extrajudicial, summary or arbitrary executions
have decreased. She notes that certain speciffic groups such as human rights defenders, political
activists and members of various minorities continue to be particularly exposed to extrajudicial,
summary or arbitrary executions, but points out that there are more and more reports of
large-scale, indiscriminate and arbitrary killings of women, children or elderly persons by
Government-controlled security forces, paramilitary groups or non-State actors. Armed conflicts
and situations of internal strife or unrest also continue to claim their toll of civilian victims. In
her concluding observations the Special Rapporteur also emphasizes the urgent need to address
the practice of so-called OEonour killings”, which may constitute violations of the right to life
when condoned or ignored by the authorities.
In conclusion, the Special Rapporteur expresses her hope that the present report will
serve to illustrate the scope and seriousness of the problem of extrajudicial, summary or arbitrary
executions worldwide and inspire States to take joint and separate action to combat these
atrocities, which continue to bring anguish and tragedy to innocent victims and their families.
She emphasizes that declarations of commitment by Governments to the protection of human
rights are only eLective, and indeed meaningful, if they are translated into concrete decisions
and policies at the national level. The Special Rapporteur ffinally notes with regret that most of
her recommendations from last year remain valid, in the absence of concrete and credible action
to implement them on the part of Governments. She has therefore felt obliged to reiterate many
of these points in this year's report.
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Introduction
1. OEis report is submitted pursuant to Commission on Human Rights resolution 1999/35
of 26 April 1999. It is the second annual report submitted to the Commission by
Ms. Asma Jahangir, and the seventeenth submitted since the mandate on summary and arbitrary
executions” was established by Economic and Social Council resolution 1982/35 of 7 May 1982.
2. OEe present report covers information received and communications sent in the period
from 1 November 1998 to 15 December 1999, and is divided into six chapters. Chapter I gives
an overview of the mandate entrusted to the Special Rapporteur. In chapter II, the Special
Rapporteur presents the main activities she has undertaken in the framework of her mandate
during the period under review. Chapter III gives an overview of the various situations
involving violations of the right to life relevant to the Special Rapporteur's mandate. In
chapter IV, the Special Rapporteur presents a number of issues which require her particular
attention. Chapter V gives an analysis of the issues of special concern to the Special Rapporteur.
Finally, in chapter VI the Special Rapporteur presents her conclusions and a number of
recommendations she feels could be helpful in combating the problem of extrajudicial, summary
or arbitrary executions. The report reviews the issues discussed in her last report to the
Commission, and also attempts to elaborate on the new headings introduced last year. The
Special Rapporteur is grateful for the comments and feedback she has received on her ffirst report
to the Commission, some of which she has tried to incorporate or reflect in the present report.
3. OEe Special Rapporteur further presents three addenda to the present report.
Addendum 1 describes 69 country situations, which include in summary form the information
transmitted and received by the Special Rapporteur, including communications received from
Governments, as well as the Special Rapporteur's observations where required and considered
appropriate. Addendum 2 contains the Special Rapporteur's report on her visit to the former
Yugoslav Republic of Macedonia and Albania from 25 to 28 May 1999, and addendum 3 the
report on her visit to Mexico from 12 to 24 July 1999.
I. THE MANDATE
A. Terms of reference
4. In resolution 1999/3 5, the Commission on Human Rights requested the Special
Rapporteur to continue to examine situations of extrajudicial, summary or arbitrary executions,
to respond eLectively to information which comes before her and to enhance further her
dialogue with Governments, as well as to follow up on recommendations made in reports aifier
visits to particular countries. OEe Commission also requested the Special Rapporteur to continue
monitoring the implementation of existing international standards on safeguards and restrictions
relating to the imposition of capital punishment, bearing in mind the comments made by the
Human Rights Committee in its interpretation of article 6 of the International Covenant on Civil
and Political Rights, as well as the Second Optional Protocol thereto.
5. In its resolution, the Commission also requested the Special Rapporteur to apply a gender
perspective in her work and to pay special attention to violations of the right to life of children,
E/CN.4/2000/3
page 8
participants in demonstrations or other public manifestations, persons belonging to minorities,
and individuals carrying out peaceful activities in defence of human rights and fundamental
freedoms. The Commission further urged the Special Rapporteur to draw the attention of the
United Nations High Commissioner for Human Rights to such situations of extrajudicial,
summary or arbitrary executions that are of particularly serious concern to her or where early
action might prevent further deterioration. The Commission welcomed the cooperation
established between the Special Rapporteur and other United Nations mechanisms and
procedures relating to human rights and encouraged the Special Rapporteur to continue efforts in
that regard.
B. Violations of the right to life upon which the Special Rapporteur takes action
6. During the present reporting period, the Special Rapporteur acted in the following
situations:
(a) Violations of the right to life in connection with the death penalty. OEe Special
Rapporteur intervenes when capital punishment is imposed aifier an unfair trial or in the case of a
breach of the right to appeal, or the right to seek pardon, or commutation of the sentence, and in
cases where mandatory death sentences are imposed. The Special Rapporteur also undertakes
action when capital punishment is imposed for crimes which cannot be considered most serious
crimes” as stipulated in article 6, paragraph 2, of the International Covenant on Civil and
Political Rights. OEe Special Rapporteur may, moreover, intervene if the convicted person is
a minor, mentally handicapped or ill, a pregnant woman, or a recent mother;
(b) Death threats and fear of imminent extrajudicial executions by State off cials,
paramilitary groups, private individuals, or groups cooperating with or tolerated by the
Government, as well as by unidentiffied persons who may be linked to the categories mentioned
above;
(c) Deaths in custody owing to torture, neglect, or the use of force, or life-threatening
conditions of detention;
(d) Deaths due to the use of force by law enforcement offcials or persons acting in
direct or indirect compliance with the State, when the use of force is inconsistent with the criteria
of absolute necessity and proportionality;
(e) Deaths due to the attacks or killings by security forces of the State, or by
paramilitary groups, death squads, or other private forces cooperating with or tolerated by the
State;
(f) Violations of the right to life during armed conflicts, especially of the civilian
population and other non-combatants, contrary to international humanitarian law;
(g) Expulsion, refoulement, or return of persons to a country or a place where their
lives are in danger, as well as the prevention of persons seeking asylum from leaving a country
where their lives are in danger through the closure of national borders;
E/CN. 4/2000/3
page 9
(h) Genocide;
(i) Deaths due to acts of omission on the part of the authorities, including mob
killings. The Special Rapporteur may take action if the State fails to take positive measures of a
preventive and protective nature necessary to ensure the right to life of any person under its
jurisdiction;
(j) Breach of the obligation to investigate alleged violations of the right to life and to
bring those responsible to justice;
(k) Breach of the additional obligation to provide adequate compensation to victims
of violations of the right to life, and failure on the part of Governments to recognize
compensation as an obligation.
C. Legal framework and methods of work
7. For an overview of the international legal standards by which the Special Rapporteur is
guided in her work, she makes reference to the report of her predecessor to the Commission on
Human Rights at its forty-ninth session (E/CN.4/1993/46, paras. 42-68). The Special Rapporteur
has largely followed the methods of work developed and applied by the previous Special
Rapporteur, Mr. Bacre Waly Ndiaye, which are described in his report to the Commission on
Human Rights at its ffiifiieth session (E/CN.4/1994/7, paras. 13-67), as well as his subsequent
reports to the Commission (E/CN.4/1995/6 1, paras. 9-11 and E/CN.4/1996/4, paras. 11-12).
II. ACTIVITIES
A. General remarks
8. During the present reporting period, the Special Rapporteur held a number of
consultations with the Offce of the High Commissioner for Human Rights in Geneva, during
which she had the opportunity to meet with the staL of the Offce and to discuss issues of mutual
interest with other special rapporteurs and representatives appointed by the Commission on
Human Rights. The Special Rapporteur presented her report to the Commission on Human
Rights on 9 April 1999 and from 31 May to 3 June 1999, she attended the annual meeting of
special rapporteurs in Geneva. The Special Rapporteur attaches great importance to cooperation
and coordination with other human rights special rapporteurs and representatives and has, as will
be noted in the sections below, on numerous occasions taken joint action, including joint urgent
appeals with other special rapporteurs mandated by the Commission on Human Rights. The
Special Rapporteur is also grateful for the support she has received from the High Commissioner
for Human Rights, and looks forward to further strengthening this cooperation in the future.
During her fleld missions conducted in the last year, the Special Rapporteur had the opportunity
to work closely with United Nations fleld presences, including fleld staL of the Off cc of the
High Commissioner for Human Rights. She would like to commend the staL for their work for
the protection and promotion of human rights, which they carry out with great dedication and
oifien under diffcult circumstances.
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page 10
9. During the present reporting period the Special Rapporteur has cooperated with a large
number of representatives of non-governmental organizations, lawyers and private individuals
engaged in human rights work, and who continue to be invaluable sources of information, advice
and criticism. She is grateful for the support she has received from these persons, and looks
forward to further developing her cooperation with non-governmental organizations and other
members of civil society. OEe role of the media in spreading awareness about human rights and
drawing attention to issues of particular concern cannot be underestimated. OEe Special
Rapporteur has, especially during her fleld missions, been encouraged by the interest in human
rights concerns shown by both the local and international media. She looks forward to
continuing this cooperation in the future.
B. Communications
10. OEe following paragraphs give an overview of communications sent to Governments in
the course of the last year. OEe Special Rapporteur wishes to note that these communications are
exclusively based on allegations and reports brought to her attention. OEerefore, they should
only be seen as approximately indicative of the occurrence of violations of the right to life in the
countries under consideration. Every case mentioned below represents a tragedy, and the ffigures
presented cannot express the sorrow and suLering of family members who have lost their loved
ones. Such violations aLect the sense of security of society as a whole. OEe Special Rapporteur
believes that her mandate can only be useful as a human rights mechanism if it manages to bring
out the voices of the victims and their families as well as civil society, and convince
Governments to take action to ffinally bring an end to these atrocities.
11. During the period under review, the Special Rapporteur transmitted urgent appeals to the
Governments of the following 42 countries: Argentina (2), Bolivia (1), Botswana (1),
Bahamas (2), Brazil (4), Bosnia and Herzegovina (1), Burkina Faso (1), Burundi (1), Chile (3),
China (7) Colombia (33), Dominican Republic (1), Ecuador (2), El Salvador (1), Germany (1),
Guatemala (3), Haiti (1), Honduras (1), India (1), Indonesia (8), Iran (Islamic Republic of) (4),
Iraq (1), Jamaica (1), Mexico (7), Pakistan (3), Peru (2), Philippines (7), Russian Federation (1),
South Africa (1), Sri Lanka (1), Sudan (2), Tajikistan (1), Trinidad and Tobago (2), Turkey (6),
Uganda (1), United States of America (9), United Kingdom of Great Britain and Northern
Ireland (1), Uzbekistan (1), Venezuela (2), Yemen (1), Yugoslavia (2) and Zambia. She further
sent two urgent appeals to the Palestinian Authority. Among the urgent appeals sent by the
Special Rapporteur 26 were transmitted jointly with other mechanisms of the Commission on
Human Rights, such as the Special Rapporteur on the question of torture, the Special Rapporteur
on the promotion and protection of the freedom of opinion and expression, the Special
Rapporteur on violence against women, its causes and consequences, the Chairman-Rapporteur
of the Working Group on Arbitrary Detention, the Special Representative on the situation of
human rights in the Islamic Republic of Iran and the Representative of the Secretary-General on
Internally Displaced Persons.
12. OEe urgent appeals transmitted concerned 213 individuals and the following groups of
persons: people at risk owing to the wave of violence in East Timor; a large number of prisoners
detained in Iraq; journalists and human rights workers from Mexican non-governmental
organizations; indigenous communities in Brazil; opposition senators in Pakistan; the entire
population of Grozny, Chechnya; human rights defenders in Burkina Faso; Mapuche
E/CN. 4/2000/3
page 11
communities in Chile; lawyers in Turkey; a large number of people sentenced to death in China;
inhabitants of La Gabarra and Monterralo, Colombia; university leaders and trade unionists from
Antioquia department, Colombia; indigenous leaders of the Comunidades de Paz (Peace
Communities) of Villahermosa and Clavellino, Choc6 department, Colombia; the entire
population of Santo Domingo, Colombia and the inhabitants of Ajvalija near Pristina, Kosovo.
13. In addition, the Special Rapporteur transmitted allegations regarding violations of the
right to life of more than 900 individuals to the Governments of the following 39 countries:
Afghanistan, Albania, Angola, Austria, Azerbaijan, Bangladesh, Belgium, Brazil, Bulgaria,
Burundi, Cameroon, Chile, China, Colombia, Democratic Republic of the Congo, Guatemala,
Guinea-Bissau, Haiti, Honduras, India, Indonesia, Israel, Mexico, Myanmar, Nepal, Nicaragua,
Pakistan, Philippines, Russian Federation, Rwanda, Saudi Arabia, Sierra Leone, Sri Lanka,
Sudan, Tunisia, Turkey, United States of America, Yugoslavia and Zambia. She also transmitted
allegations to the Palestinian Authority.
14. During the period under review, from 1 November 1998 to 15 December 1999, the
Governments of the following countries provided a reply to communications addressed to them
during 1998 and previous years: Algeria, Argentina, Belgium, Brazil, Cameroon, Chile, China,
Colombia, Democratic Republic of the Congo, Dominican Republic, Germany, Guatemala,
India, Indonesia, Iran (Islamic Republic of), Iraq, Jamaica, Kuwait, Malaysia, Mexico, Nepal,
Pakistan, Peru, Philippines, Republic of Korea, Senegal, Sudan, Turkey, United States of
America, Venezuela, Yugoslavia and Zambia.
15. OEe Special Rapporteur wishes to take this opportunity to thank those Governments
which have provided comprehensive replies to her communications for their cooperation.
However, she regrets that some Governments have replied only in part or on an irregular basis to
her inquiries. She is further concerned that the Governments of Albania, Angola, Azerbaijan,
Bahamas, Bangladesh, Bolivia, Botswana, Bosnia and Herzegovina, Bulgaria, Burkina Faso,
Burundi, Ecuador, El Salvador, Guinea-Bissau, Haiti, Honduras, Israel, Myanmar, Nicaragua,
Russian Federation, Rwanda, Saudi Arabia, Sierra Leone, South Africa, Sri Lanka, Tajikistan,
OEailand, Trinidad and Tobago, Tunisia, Uganda, Uzbekistan, Yemen and Zambia did not reply
to any of her communications and requests for information transmitted in the last year, nor did
the Taliban Council or the Palestinian Authority. The Special Rapporteur regrets that the
Government of Yemen has not replied to any communications in the last ffive years, and the
Governments of Cambodia and Papua New Guinea have not replied to any of the
communications transmitted by the Special Rapporteur in the past four years. OEe Governments
of Rwanda, Romania and Sri Lanka have not replied to communications in the last three years.
C. Visits
16. OEe Special Rapporteur conducted a mission to the former Yugoslav Republic of
Macedonia from 23 to 25 May, and to Albania from 25 to 28 May 1999. OEis was the ffirst fleld
mission undertaken by the Special Rapporteur since her appointment in August 1998. The main
purpose of the visit was to collect first-hand information regarding the situation in Kosovo, with
a view to assessing and evaluating allegations of human rights violations relevant to her mandate
reported to have occurred there. It should be noted that the mission was carried out at a time
when a visit to Kosovo itself was not possible, as the operations led by the North Atlantic Treaty
E/CN.4/2000/3
page 12
Organization against the Federal Republic of Yugoslavia were still ongoing. A follow-up visit to
Kosovo will therefore be necessary. OEe Special RapporteurEls observations during this mission
can be found in addendum 2 to the present report.
17. At the invitation of the Government the Special Rapporteur visited Mexico from 12
to 24 July 1999. OEe GovernmentEls invitation came in response to a long-standing request by
the previous Special Rapporteur, Mr. Bacre Waly Ndiaye, which was reiterated by the present
Special Rapporteur upon her appointment. OEe main objective of the visit was to investigate and
gather information about repeated allegations of extrajudicial killings and in particular reports of
massacres in the states of Chiapas and Guerrero. OEe Special RapporteurEls report on this
mission can be found in addendum 3 to the present report. OEe Special Rapporteur wishes to
thank the Government for its cooperation during her mission to Mexico.
18. From 4 to 10 November the Special Rapporteur on extrajudicial, summary or arbitrary
executions, the Special Rapporteur on the question of torture and the Special Rapporteur on
violence against women, its causes and consequences, conducted a joint mission to East Timor.
OEe visit was undertaken pursuant to resolution S-4/1 adopted on 27 September 1999 by the
Commission on Human Rights at its special session on the situation in East Timor. OEe
ffindings of the Special Rapporteurs are reflected in their joint mission report submitted to the
General Assembly (A154/660).
19. In the course of last year the Special Rapporteur wrote to a number of Governments
expressing her interest in visiting their countries. At the time of writing, the Governments of
Nepal, Turkey and Colombia had responded positively to these communications, and the Special
Rapporteur looks forward to carrying out missions to these countries in the near future. OEe
Special Rapporteur has requests pending with the Governments of Algeria, Sierra Leone,
Bahrain and Uganda.
20. Field missions play a crucial role in the discharge of the Special RapporteurEls mandate,
as they allow her to acquaint herself directly with situations of concern and to gather ffirst-hand
information about alleged extrajudicial, summary or arbitrary executions brought to her
attention. Information gathered in the fleld also assists the Special Rapporteur to prepare
balanced and well-documented reports on the situation in the countries under scrutiny, and to
present recommendations aimed at addressing problems identiffied. She therefore hopes that an
increasing number of Governments will consider her requests for invitations in a constructive
and positive way.
III. SITUATIONS INVOLVING VIOLATIONS OF THE RIGHT TO LIFE
A. Capital punishment
21. In its resolution 1999/35, the Commission on Human Rights requested the
Special Rapporteur to continue monitoring the implementation of existing international standards
on safeguards and restrictions relating to the imposition of capital punishment, bearing in mind
the comments made by the Human Rights Committee in its interpretation of article 6 of the
International Covenant on Civil and Political Rights, as well as the Second Optional Protocol
thereto. In this context, the Special Rapporteur transmitted 40 urgent appeals on behalf of 65
E/CN. 4/2000/3
page 13
identiffied individuals as well as on behalf of groups of unidentiffied persons to the Governments
of the following countries: Bahamas (1), Botswana (1), Burundi (1), China (3), India (1),
Iran (Islamic Republic of) (2), Jamaica (1), Pakistan (1), Philippines (7), Tajikistan (1), Trinidad
and Tobago (2), Turkey (2), Uganda (1), United States of America (15), Yemen (1). She also
sent one urgent appeal to the Palestinian Authority.
22. OEe Special Rapporteur transmitted an urgent appeal to the Government of Uganda
concerning the death sentences of 28 people, urging the Government to continue the de facto
moratorium it had implemented since 1996, in accordance with the international trend towards
abolition. OEe Special Rapporteur issued a press release welcoming the decision of the President
of the Philippines, Joseph Estrada, to suspend executions and expand a committee reviewing
death sentences, hoping that this would lead to the abolition of the death penalty in the country.
OEe Special Rapporteur also sent an urgent appeal to the Government of China aifier having been
informed that 238 prisoners who had been sentenced to death were expected to receive their ffinal
verdict from the Guandong Provincial High People's Court in connection with the ffiftieth
anniversary of the founding of the People's Republic of China.
B. Death threats
23. OEe Special Rapporteur transmitted urgent appeals aimed at preventing loss of life aifier
having received reports of situations where the lives and physical integrity of persons were
feared to be in danger. hi this context urgent appeals were sent to the Governments of the
following countries: Argentina (2), Bolivia (1), Brazil (4), Bosnia and Herzegovina (1), Burkina
Faso (1), Chile (2), Colombia (15), Dominican Republic (1), Ecuador (2), El Salvador (1),
Guatemala (3), Haiti (1), Honduras (1), India (1), hidonesia (5), Mexico (5), Pakistan (1),
Peru (2), Russian Federation (1), South Africa (1), Sri Lanka (1), Turkey (4), Yugoslavia (2).
24. OEese urgent appeals concerned at least 45 identiffied persons and groups such as the
inhabitants of the municipalities La Gabarra and Monterralo, Colombia; witnesses; indigenous
groups such as the Macuxi indigenous communities in the Raposa and Serra do Sol, Roraima
State, Brazil; and members of opposition parties such as the opposition senators in Pakistan; and
human rights groups.
C. Deaths in custody
25. OEe Special Rapporteur transmitted allegations of the death in custody of 41 persons to
the Governments of the following countries: Afghanistan (3), Albania (1), Angola (1),
Austria (1), Azerbaijan (1), Brazil (3), Burundi (2), Cameroon (3), Germany (1), India (4),
hidonesia (1), Nepal (1), Nicaragua (1), Pakistan (9), Saudi Arabia (2), Sudan (5), Tunisia (1),
and Turkey (1).
26. During the present reporting period, the Special Rapporteur transmitted an urgent appeal
jointly with the Chairman-Rapporteur of the Working Group on Arbitrary Detention concerning
the situation of 13 persons in Iran who had been detained without being informed of the reason
for their arrest. OEe Special Rapporteur further sent a joint urgent appeal with the Special
Rapporteur on the question of torture to the Government of Iraq expressing concern for the lives
of a large number of unidentiffied persons detained in connection with the murder of Ayatollah
E/CN.4/2000/3
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Mohammed Sadeq al-Sadr and his two sons. An urgent appeal was also transmitted to the
Government of the Sudan jointly with the Chairman-Rapporteur of the Working Group on
Arbitrary Detention on behalf of 26 individuals who had been arrested under unclear
circumstances. The Special Rapporteur transmitted two urgent appeals to the Government of
Turkey jointly with the Chairman-Rapporteur of the Working Group on Arbitrary Detention and
with the Special Rapporteur on the question of torture expressing concerns regarding the safety
of the detained lawyers of Abdulah Ocalan.
D. Deaths due to excessive use of force by law enforcement offcials
27. OEe Special Rapporteur transmitted allegations regarding violations of the right to life of
201 persons, of whom 189 were identiffied, to the Governments of the following countries:
Angola (5), Brazil (2), Bulgaria (4), Cameroon (8), Chile (1), Guatemala (1), Guinea-Bissau (2),
Haiti (2), Honduras (9), India (7), Indonesia (2), Israel (5), Mexico (2), Pakistan (3),
Philippines (1), Rwanda (1), OEailand (2), Turkey (1), United States of America (1) and
Zambia (1). One allegation was sent to the Palestinian Authority.
28. OEe Special Rapporteur is deeply concerned at the abuse of force by the both the
Indonesian police and army while performing law enforcement duties in various locations
including Jakarta, East Timor and Aceh. OEe Special Rapporteur also appealed to the
Government of Indonesia, expressing her concern over the likely eruption of violence before the
popular consultation in East Timor aifier having been informed of the systematic abuse of force
by the Indonesian police during demonstrations in Jakarta and in Dili as well as in other
provincial capitals. OEe continuing incidents of deaths due to police abuse in Angola is also a
cause for great concern.
E. Deaths due to attacks or killings by security forces, paramilitary groups
or private forces cooperating with or tolerated by the State
29. OEe Special Rapporteur transmitted allegations on behalf of 734 individuals killed by
security forces, by paramilitary groups or private forces to the Governments of Angola (3),
Brazil (1), Burundi (2), Colombia (14), the Democratic Republic of the Congo (25), India (2),
Indonesia (11), Myanmar (13), Sierra Leone (1) and Sri Lanka (7). For a more detailed
discussion of this issue, reference is made to chapter V, section B, of the present report.
F. Violations of the right to life during armed conflict
30. OEe Special Rapporteur is deeply disturbed by the increasing number of civilians and
persons hors de combat killed in situations of armed conflict and internal strife in various regions
of the world. In the last year many thousands of people not participating in hostilities have lost
their lives in conflict situations. She is saddened by the fact that the majority of the victims of
todayDs conflicts are civilians, including a large number of women and children. In
December 1999, the Special Rapporteur sent an urgent appeal to the Government of the Russian
Federation, expressing her deep concern over the ultimatum by the Russian Federation
authorities to the people of Grozny to leave the city or face intensiffied attacks. The Special
Rapporteur also sent several communications to the Government of Sri Lanka regarding civilians
E/CN. 4/2000/3
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allegedly killed in air strikes and other operations by the Sri Lankan armed forces. During the
present reporting period, the Special Rapporteur transmitted 449 cases of alleged killings of
civilians by the army of the Democratic Republic of the Congo.
0. Expulsion, refoulement or return of persons to a country or
place where their lives are in danger
31. OEe Special Rapporteur transmitted a joint urgent appeal with the Special Rapporteur on
the question of torture to the Government of Uzbekistan regarding an Uzbek national who
allegedly had been forcibly repatriated from Russia. The Special Rapporteur was concerned that
the man might face the death penalty aifier being accused of having participated in bomb attacks
in Tashkent in February 1999.
H. Genocide
32. In her report to the ffiifiy-ffiifih session of the Commission on Human Rights
(E/CN.4/1999/39), the Special Rapporteur noted with regret that the Secretary-General's
Investigative Team charged with investigating violations of human rights and international law
in the Democratic Republic of the Congo had been unable to complete its work owing to lack of
cooperation on the part of the Government. In its report (S/1998/581, annex) the Team presented
the preliminary conclusion that the systematic massacre of those [ Rwandan Hutusi remaining in
Zaire was an abhorrent crime against humanity, but the underlying rationale for the decisions is
material to whether these killings constituted genocide” (para. 30).
33. At its ffifty-ffiifih session the Commission on Human Rights adopted resolution 1999/56,
entitled Situation of human rights in the Democratic Republic of the Congo”, in which it
requested the Special Rapporteurs on the situation of human rights in the Democratic Republic
of the Congo and on extrajudicial, summary or arbitrary executions and a member of the
Working Group on Enforced or Involuntary Disappearances to carry out, immediately aifier the
signing of a ceaseffire agreement or as soon as security considerations permit, and where
appropriate, a joint mission to investigate all massacres carried out in the country with a view to
bringing to justice those responsible. OEe Special Rapporteur attaches great importance to this
mission, and looks forward to cooperating with the other mechanisms of the Commission on
Human Rights in this regard. She notes that the crime of genocide will be included in the
jurisdiction of the International Criminal Court once it is established. She also welcomes
progress made by the International Tribunal for Rwanda in investigating and prosecuting persons
suspected of gross human rights violations, including the crime of genocide.
I. Rights of victims
34. Victims or the families of victims have the right to receive adequate compensation from
the Government, as a recognition of the StateEls responsibility for acts carried out by its
personnel. However, it should be emphasized that granting compensation does not in any way
reduce the duty of the State to investigate and prosecute human rights violations. At the same
time, the right of the victim is to be regarded as a matter of justice and not as an instrument or
means of revenge.
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IV. ISSUES REQUIRING THE SPECIAL RAPPORTEURUS ATTENTION
A. Violations of the right to life of women
35. During the period under review, the Special Rapporteur took action on behalf of 57
identiffied women. OEe Special Rapporteur transmitted urgent appeals on behalf of 25 women to
the Governments of Chile, China, Colombia, the Dominican Republic, Guatemala, Honduras,
India, Indonesia, Mexico, Pakistan, Peru, South Africa, Trinidad and Tobago, Turkey and the
United Kingdom. In addition, the Special Rapporteur transmitted allegations of 33 cases of
violations of the right to life of women, said to have occurred in Bangladesh (1), Chile (1),
China (1), Democratic Republic of the Congo (2), Indonesia (2), Myanmar (11), Pakistan (5), the
Russian Federation (1), Rwanda (2) and Sri Lanka (7).
36. It may be noted that the ffigures presented above do not necessarily represent the total
number of women on whose behalf the Special Rapporteur has taken action, as they only reflect
those cases in which it was speciffically indicated that the victim was female. Some allegations
sent by the Special Rapporteur also refer to larger groups of persons which likely include
women. OEus, one of the communications transmitted to the Government of the Democratic
Republic of the Congo concerned an incident in which several dozen civilians, including an
unknown number of women and children, were reportedly killed by the army. The Special
Rapporteur also sent ajoint urgent appeal with the Special Rapporteur on violence against
women, its causes and consequences, to the Government of Guatemala regarding violence and
threats against six street children, three of whom were girls. OEe Special Rapporteur has further
received a considerable amount of information regarding traditional practices, particularly
so-called OEonour killings”, which are discussed separately in chapter V, section C, of the
present report.
B. Violations of the right to life of minors - children in armed conflict
37. During the period under review, the Special Rapporteur took action on behalf of 33
minors, of whom 32 were identiffied. She transmitted urgent appeals on behalf of 15 minors to
the Governments of Guatemala, Mexico and the United States of America. OEe Special
Rapporteur took action with regard to eight persons who were facing imminent execution in the
United States of America aifier having been sentenced to death for crimes committed when they
were under 18 years of age. Allegations concerning violations of the right to life of 18 minors
were sent to the Governments of Brazil (2), Chile (1), Democratic Republic of the Congo (1),
Honduras (2), Israel (2), Mexico (1), Myanmar (2), Pakistan (1) and Sri Lanka (6).
38. OEe Special Rapporteur is deeply concerned at continuing and increasing reports of the
use of children as soldiers and support staL in the world's conflicts. It is estimated that today
more than 300,000 children under the age of 18 are serving in government forces or armed
groups in various parts of the world. Some 120,000 children are reportedly engaged in armed
activities in Africa alone. OEe youngest of these children are allegedly no more that 8 years old.
OEe Special Rapporteur is particularly disturbed by reports from the Democratic Republic of the
Congo, where both government forces and the RCD (Rassamblement congolais pour la
d&mocratie) are said to have forcibly recruited large numbers of children as young as 12 years of
age to participate in armed activities. It is further reported that thousands of children, some no
E/CN. 4/2000/3
page 17
more than 14 years of age, have been recruited by Taliban and opposition forces in Afghanistan.
OEe Taliban authorities have denied these claims. OEe Special Rapporteur notes with deep
concern that an estimated 5,000-8,000 children have reportedly been abducted in Uganda by the
LordEls Resistance Army (LRA). Most of the children are 14 - 16 years old, but reports suggest
that children as young as 8 to 9 years are among the abducted. The children are reportedly
forced to march for days carrying military equipment and supplies to LRA camps in Uganda and
southern Sudan. Many of the abducted boys are forcibly recruited as soldiers.
39. Currently, under international human rights and humanitarian law standards the age-limit
for recruitment for military service is set at 15 years. Article 1 of the Convention of the Rights
of the Child stipulates that [ FIor the purposes of the present Convention, a child means every
human being below the age of eighteen years unless under the law applicable to the child,
majority is attained earlier.” OEe only exception to this principle under the Convention is in
relation to recruitment for military service and participation in hostilities (art. 38). In this context
it is worth noting that most countries have set 18 years as the age when persons obtain the right
to vote and participate in political life. It may further be noted that the Human Rights
Committee, in its general comment on article 10 of the International Covenant on Civil and
Political Rights, recommends that the age for majority should be 18 years, when it comes to
matters of criminal responsibility. Given the extreme dangers and strains, both physical and
psychological, combatants are exposed to in war situations, the Special Rapporteur ffinds it
unacceptable that in some States the age-limit determined for majority for the purposes of
military service is lower than the limit set in most countries for matters of political participation
and criminal responsibility. OEere is a growing international legal consensus that children under
the age of 18 should be entitled to special protection of their rights. It is clear that a child needs
and must be afforded more, and not less protection in times of war or armed conflict.
40. At its ffifty-ffiifih session the Commission on Human Rights adopted resolution 1999/80,
entitled Rights of the Child”, in which it reaLirmed (para. 15) OEat the rights of the child as
laid out in international human rights instruments and international humanitarian law are at their
most pertinent in time of armed conflict”. In the same paragraph the Commission expressed
grave concern at the numerous damaging effects of armed conflicts on children and emphasized
the need for the world community to focus increased attention on this serious problem with a
view to alleviating those eLects. More importantly, in paragraph 16 (b) of the resolution the
Commission called upon all States and other parties to armed conflict to end the use of children
as soldiers and ensure their demobilization, and to implement eLective measures for the
rehabilitation and reintegration into society of child soldiers and combatants, child victims in
cases of armed conflict or foreign occupations, and invite [ d l the international community to
assist in this endeavour”.
41. OEe Special Rapporteur welcomes the work of the open-ended inter-sessional working
group of the Commission on Human Rights on a draifi optional protocol to the Convention on the
Rights of the Child on the involvement of children in armed conflict, which she hopes will soon
be ffinalized. She strongly recommends that the draifi protocol include provisions prohibiting the
compulsory or voluntary recruitment of persons under the age of 18 into armed forces or armed
groups or the use of them to participate in armed hostilities.
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42. OEe Special Rapporteur is concerned that many countries continue the practice of
recruiting juveniles as volunteers” to their armed forces. Apart from the fact that many of these
young persons are actually forcibly recruited, one should keep in mind that children and
juveniles oifien lack maturity, and cannot therefore be expected to take informed and rational
decisions or fully appreciate the implications of their actions or the dangers they may face. As
children do not have the same sense ofjudgement as adults, they may act in an immature way,
which in situations of armed hostilities may easily result in irrational and arbitrary acts of
violence, including extrajudicial killings. In view of these considerations and the arguments
presented above, the Special Rapporteur wishes to restate her concern that the use of children
and juveniles in armed conflicts constitutes a grave threat to the right to life of both the children
themselves and other persons aLected by armed conflict.
C. Violations of the right to life of refugees and internally displaced persons
43. OEe Special Rapporteur is deeply disturbed by reports of deliberate attacks against
refugees and internally displaced persons (IDP5). Such incidents have been particularly common
in situations of internal conflict and unrest, where the direct targeting of civilians has
increasingly become part of the tactics employed by the parties involved. During the wave of
violence that swept East Timor in 1999, displaced persons came under repeated attack from
pro-integrationist militias and government forces while sheltering in schools, churches and
abandoned buildings. There are reports that East Timorese civilians displaced in West Timor
and other neighbouring islands have been subjected to serious human rights abuses, including
violations of the right to life. During the conflict in Kosovo, groups of displaced civilians - at
times entire villages - were attacked by paramilitary elements and police or army units. In
Colombia, which has one of the largest IDP populations in the world (some estimates put the
total number at 1.4 million), the internally displaced continue to be subjected to armed attacks
and extrajudicial killings by the parties to the ongoing internal conflict. OEe Special Rapporteur
is also disturbed by continuing reports of killings of refugees and displaced persons in Rwanda.
44. In this context the Special Rapporteur wishes to draw attention to the Guiding Principles
on Internal Displacement, which set out the rights and guarantees relevant to the protection of
internally displaced persons in all phases of displacement. Under Guiding Principles 10 (2)
and 11(2) internally displaced persons shall be protected against attacks against their settlements
or camps and acts of violence intended to spread terror.
D. Violations of the right to life of individuals carrying out peaceful activities
in defence of human rights and fundamental freedoms
45. During the present reporting period, the Special Rapporteur transmitted urgent appeals on
behalf of 40 persons carrying out peaceful activities in defence of human rights and fundamental
freedoms, requesting the Governments concerned to take necessary measures to protect these
persons' right to life. The Special Rapporteur took action on behalf of human rights defenders in
the following countries: Argentina (2), Bolivia (1), Brazil (4), Burkina Faso (2), Chile (2),
Colombia (18), El Salvador (1), Guatemala (3), Honduras (1), Mexico (2), Pakistan (1), Peru (2)
and Yugoslavia (1). In addition to urgent actions on behalf of individuals, the Special
Rapporteur also sent appeals with regard to threats against human rights organizations and
E/CN. 4/2000/3
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institutions. OEe Special Rapporteur transmitted allegations of violations of the right to life
of 15 human rights defenders in the following countries: Colombia (13), Guatemala (1), and
Haiti (1).
46. For a more detailed discussion regarding violations of the right to life of human rights
defenders, reference is made to chapter V, section D, of this report.
E. Violations of the right to life of persons exercising
their right to freedom of opinion and expression
47. During the period under review, the Special Rapporteur sent urgent appeals in 22 cases of
threats against persons exercising their right to freedom of expression, mostly journalists and
participants in demonstrations, in the following countries: Bosnia and Herzegovina (1),
China (4), Colombia (7), Ecuador (1), han (Islamic Republic of) (5), Mexico (3), and
Pakistan (1). In addition, the Special Rapporteur sent appeals of a general nature to the
Government of Indonesia expressing concern over the security of demonstrators. A general
appeal was also sent to the Government of Iraq following demonstrations in Baghdad in
February 1999, in which the police had allegedly opened indiscriminate ffire on the participants.
OEe Special Rapporteur further sent allegations regarding violations of the right to life of persons
exercising their right to freedom of expression in 15 cases in the following countries: Chile (1),
China (1), Colombia (1), India (5), Mexico (2), Russian Federation (1), Sudan (1), Tunisia (1),
Turkey (1), and Yugoslavia (1). For a more detailed discussion of this issue, reference is made
to chapter V, section D, of the present report.
F. OEe right to life and the administration of justice
48. OEe Special Rapporteur took action on behalf of six individuals involved in or related to
the administration ofjustice. Urgent appeals were sent to the following countries: Brazil (1),
Dominican Republic (1), Mexico (2), South Africa (1), and United Kingdom (1). The Special
Rapporteur further sent one joint appeal with the Special Rapporteur on the independence of
judges and lawyers and another with the Special Rapporteur on the question of torture to the
Government of Turkey expressing concern over the security of the lawyers representing
Abdulah Ocalan. It may be noted that many of the lawyers referred to above had received
threats because of their work for the promotion and protection of human rights.
G. Violations of the right to life of persons belonging to national,
ethnic, religious or linguistic minorities
49. OEe Special Rapporteur acted on behalf of a variety of persons considered to belong to
national, ethnic, religious and/or linguistic minorities in their respective countries. Urgent
actions were sent to the following countries: Brazil (1), Chile (1), China (4), Colombia (1),
Indonesia (6), Iran (Islamic Republic of) (1), and Mexico (1). In addition the Special Rapporteur
sent allegations of violations of the right to life to the Governments of China, Colombia and
Indonesia. OEe Special Rapporteur is increasingly disturbed by continuing reports of violations
of the right to life of members of the Uighur community and Muslim leaders in Xuar province in
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China. She is also concerned that members of indigenous communities in a number of
Latin American countries continue to be exposed to violence and attacks, including extrajudicial
killings.
H. Violations of the right to life and non-State actors
50. During the present reporting period, the Special Rapporteur has received continuous
reports of violence and extrajudicial killings attributed to armed opposition groups and other
non-State actors. It should be noted that violent acts committed by non-State actors do not fall
within the purview of the Special Rapporteur's mandate, which only allows her to take action
when the perpetrators are believed to have a direct or indirect link with the State. However, the
Special Rapporteur wishes to express her deep concern over these atrocities, which constitute
serious violations of basic humanitarian and human rights principles. She also notes with regret
that in some countries Governments have made use of excessive and indiscriminate force in their
eLorts to counter armed opposition groups, which in many cases has resulted in extensive
civilian casualties and unnecessary loss of life.
51. OEe Special Rapporteur is particularly alarmed by violent acts committed by groups
resorting to terrorism in the pursuit of their aims. These actions must be denounced as serious
violations of universally recognized human rights and humanitarian principles. OEe Special
Rapporteur welcomes the adoption on 9 December 1999 by the General Assembly of the
International Convention for the Suppression of the Financing of Terrorism (resolution 54/109),
which supplements the 11 existing conventions against terrorism. In this context, she further
wishes to recall that the Declaration on Principles of International Law concerning Friendly
Relations and Cooperation among States in accordance with the Charter of the United Nations
adopted by the United Nations General Assembly on 24 October 1970, affrms that: Every
State has the duty to refrain from organizing, instigating, assisting or participating in acts of civil
strife or terrorist acts in another State or acquiescing in organized activities within its territory
directed towards the commission of such acts.” Furthermore, on 11 December 1995, the
General Assembly adopted resolution 50/53, entitled Measures to eliminate terrorism”, in which
it confirmed that criminal acts intended or calculated to provoke a state of terror are in any
circumstance unjustiffiable.
I. Violations of the right to life of individuals who have cooperated with
representatives of United Nations human rights bodies (reprisals )
52. OEe Special Rapporteur sent an urgent appeal to the Government of Indonesia on behalf
of a human rights activist who had received death threats aifier having cooperated with the
Special Rapporteur on violence against women, its causes and consequences.
53. Following her mission to Mexico in July 1999, the Special Rapporteur was informed that
members of the non-governmental organization Centro de Derechos Humanos Miguel Agustin
Pro JIIrez, with which the Special Rapporteur had cooperated during the visit, had received
death threats. It was reported that the organization had received letters threatening the lives of its
Director, Edgar Cortez Morales, and the Coordinator of the Legal Department, Digna Ochoa y
Placido. The Special Rapporteur sent a joint appeal with the Special Rapporteur on freedom of
opinion and expression urging the Government to investigate these reports and to ensure the
E/CN. 4/2000/3
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safety of the persons concerned. Another joint appeal was sent, following reports that the threats
had continued. In its reply to these communications the Government of Mexico stated that it
condemned any sort of threats against civil organizations and adding that offcials of the
National Human Rights Commission and public security offcers had been in contact with the
Centro de Derechos Humanos Miguel Augustin Pro Ju5rez to agree on measures to be taken to
enhance the security of its members.
J. Violations of the right to life of members of sexual minorities
54. OEe Special Rapporteur has continued to receive serious reports of persons having been
subjected to death threats or extrajudicially killed because of their sexual orientation. It has been
reported that on 4 August 1998 in Brazil, four military police off cers in the city of Salvador
forced two transvestite sex workers to throw themselves into the sea, aifier having ill-treated and
humiliated them. One of the two persons, Junior da Silva Lago, reportedly drowned and his
body was found three days later. Local non-governmental sources have reportedly documented
the murders of 1,600 homosexuals in Brazil in the period from 1980 to 1997. It is alleged that in
only S per cent of these cases have the perpetrators been prosecuted. The Special Rapporteur has
also been informed that in the last couple of years a number of homosexual men, bisexuals and
transvestites have been murdered or subjected to death threats in El Salvador.
55. OEe Special Rapporteur has further been alerted to the murder of Stefan Itoafa, a lawyer
and journalist in the city of Constanta in Romania. He was also the local coordinator of the
League for the Defence of Human Rights in Constanta. His death has been linked to his alleged
homosexuality and his journalistic work to uncover corruption and organized crime. On
13 October 1998, Mr. Itoafa was found murdered in his apartment. It is reported that he had
been stabbed and his throat had been cut. His hands were apparently tied behind his back. OEe
Special Rapporteur is concerned that the police, when investigating the murder of Mr. Itoafa,
reportedly released information to the media about the victim's alleged homosexuality,
describing the murder as an act ofjealousy” by another homosexual. It is alleged that the
information released by the police also included medical details supposedly suggesting that
Mr. Itoafa had previously engaged in homosexual relations. OEe prejudiced attitude displayed by
the police has given rise to fears that Mr. Itoafa's case will not be adequately investigated.
56. During her mission to Mexico from 12 to 24 July 1999, the Special Rapporteur met with
the Comisi6n Cuidadana contra los Crimenes de Odio por Homofobia, a non-governmental
organization working against violence and so-called OEate crimes” against members of sexual
minorities in Mexico. According to information provided by this organization, in the period
January 1995-May 1997, at least 125 persons were murdered because of their sexual
orientation, 120 of them men. It was reported that the majority of the victims had been killed in
an extremely violent and brutal way: their bodies were oifien found naked with hands and feet
tied and with signs of torture, stabbing, strangulation or mutilation. Concern was also expressed
that the prejudiced attitude of the authorities, together with tendentious media reports had
contributed to an atmosphere of impunity and indiLerence about crimes committed against
members of sexual minorities. The Special Rapporteur brought these concerns to the attention of
the Mexican authorities and the Human Rights Commission of the Federal District. OEey
claimed that the authorities did not discriminate against anyone on the ground of sexual
orientation, including in the sphere of criminal investigation and prosecution.
E/CN.4/2000/3
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57. It is a cause for great concern that in some States homosexual relationships are still
punishable by death. It must be recalled that under article 6 of the International Covenant on
Civil and Political Rights death sentences may only be imposed for the most serious crimes, a
stipulation which clearly excludes matters of sexual orientation. In this context, the Special
Rapporteur wishes to reiterate her belief that the continuing prejudice against members of sexual
minorities and especially the criminalization of matters of sexual orientation increases the social
stigmatization of these persons. OEis in turn makes them more vulnerable to violence and human
rights abuses, including death threats and violations of the right to life, which are often
committed in a climate of impunity.
V. ISSUES OF SPECIAL CONCERN TO THE SPECIAL RAPPORTEUR
A. Capital punishment
58. OEe Special Rapporteur wishes to emphasize that the death penalty must under all
circumstances be regarded as an extreme exception to the fundamental right to life, and must as
such be interpreted in the most restrictive manner possible. It is also indispensable that all
restrictions and fair trial standards pertaining to capital punishment contained in international
human rights instruments are fully respected in proceedings relating to capital offences.
59. OEe Special Rapporteur takes action in cases of capital punishment in which there is
reason to believe that international restrictions, which are analysed in the paragraphs below, are
not respected. In such cases, the carrying out of a death sentence may constitute a form of
summary or arbitrary execution. Therefore, the Special Rapporteur has based her assessment of
cases brought to her attention on the need to ensure full respect of the right to a fair trial,
including guarantees as regards the impartiality, independence and competence of the judiciary.
In addition, the Special Rapporteur has been guided in her work by the basic principles of the
desirability of the abolition of capital punishment and the need to observe special restrictions and
limitations in cases when the death penalty is applied.
1. Desirability of the abolition of the death penalty
60. While capital punishment has not yet been prohibited under international law, various
United Nations human rights organs and bodies have, on several occasions, reaffrmed the
growing international consensus in favour of the abolition of the death penalty. Already in 1971
the General Assembly called on States to progressively restrict the use of the death penalty with
a view to its abolition. During its ffiifiy-ffiifih session the Commission on Human Rights adopted
for the third consecutive year a resolution (1999/61) calling for restrictions on the use of the
death penalty. OEe Commission urged all States that still maintain the death penalty to establish
a moratorium on executions, with a view to completely abolishing the death penalty. It also
called on retentionist States to comply fully with their obligations under the International
Covenant on Civil and Political Rights and the Convention on the Rights of the Child with
regard to the death penalty.
61. OEe Special Rapporteur welcomes the fact that the Statute of the International Criminal
Court, adopted in Rome on 17 July 1998 does not include capital punishment among the
penalties that may be imposed by the Court. It is further worth noting that the International
E/CN. 4/2000/3
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Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for
Rwanda established by the Security Council in 1993 and 1994, respectively, are not authorized
to impose death sentences.
62. Important initiatives aimed at the abolition of the death penalty have also been taken on
the regional level. Both the European and the American conventions on human rights have
special protocols for the abolition of the death penalty. All new members of the Council of
Europe are required to sign within one year, and ratify within three years ofjoining the
organization, Optional Protocol No. 6 to the European Convention, aimed at abolishing the death
penalty, and are also required to place an immediate moratorium on executions. In this regard,
the Special Rapporteur welcomes the announcement in December 1999 by the Constitutional
Court of Albania that the death penalty is incompatible with the Albanian Constitution. hi the
last years Albanian courts have continued to pass death sentences, although a moratorium on
executions was introduced in 1995 when Albania joined the Council of Europe. It is reported
that 20 persons who had been sentenced to death have had their sentences suspended following
the decision of the Constitutional Court.
63. Over half of the countries in the world have now abolished the death penalty either in law
or in practice. Around 70 countries and territories have abolished capital punishment for all
crimes. Since 1976, on an average more than two countries a year have removed the death
penalty, from their legislation. OEe adoption of the Second Optional Protocol to the International
Covenant on Civil and Political Rights, aiming at the abolition of the death penalty in 1989 was
an important confirmation of the international community's commitment to abolish the death
penalty. The Protocol has now been ratiffied by 40 States and another 3 States have signed it,
thus indicating their intention of becoming States parties at a later stage. OEe trend towards
abolition of the death penalty is encouraging. Regrettably, the resistance comes mainly from
countries where capital punishment is most likely to be imposed in an unfair manner and aifier
trials that fall short of international standards. OEe courts in many retentionist countries do not
meet the criteria of an independent judiciary as laid down in the United Nations Basic Principles
on the Independence of the Judiciary. Another cause for concern is the manner in which death
sentences are executed. Public hangings and other inhuman forms of execution continue to be
practised in many countries. It is estimated that in 1998 at least 2,258 persons were executed
in 37 countries. hi the same period more than 4,800 persons were sentenced to death
in 78 countries. Around 1,700 executions were recorded in China alone.
2. Fair trial
64. The execution of a death sentence is irrevocable. Therefore, it is imperative that legal
proceedings in relation to capital oLences conform to the highest standards of impartiality,
competence, objectivity, and independence of the judiciary, in accordance with the pertinent
international legal instruments. Defendants facing the imposition of capital punishment must
fully beneffit from the right to adequate legal counsel at every stage of the proceedings, and
should be presumed innocent until their guilt has been proved beyond a reasonable doubt. These
safeguards must be implemented in all cases without exception or discrimination. hi this regard,
the Special Rapporteur believes that the execution of a death sentence passed aifier a trial in
which basic fair trial standards, as provided for in article 14 of the hiternational Covenant on
Civil and Political Rights, were not respected, constitutes a violation of the right to life.
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65. The legal proceedings must in all cases respect and ensure the right of review of both the
factual and legal aspects of the case by a higher instance, which should be composed of judges
other than those who dealt with the case at ffirst instance. Furthermore, there can be no exception
to the defendant's right to seek pardon, clemency, or commutation of the sentence. The
Special Rapporteur shares the view expressed by the Economic and Social Council in its
resolution 1989/64 of 24 May 1989, entitled Implementation of the safeguards guaranteeing
protection of the rights of those facing the death penalty”, recommending that Member States
introduce mandatory appeals or review with provisions for clemency or pardon in all cases of
capital punishment. In this context, the Special Rapporteur regrets to note recent developments
in the Caribbean, where several States have taken measures to facilitate the implementation of
the death penalty. It will be recalled that Jamaica withdrew from the ffirst Optional Protocol to
the International Covenant on Civil and Political Rights in January 1998. In May 1998, Trinidad
and Tobago withdrew fflom the Inter-American Convention on Human Rights. At the same time
it also withdrew from the Optional Protocol to the International Covenant on Civil and Political
Rights, but immediately re-acceded with the reservation that it did not recognize the competence
of the Human Rights Committee to receive individual petitions relating to death penalty cases.
OEe Special Rapporteur is concerned that these decisions will eLectively deprive persons facing
the death penalty in these countries of an important avenue of redress and appeal. At the same
time, the Special Rapporteur welcomes the decision in December 1999 by the Government of
Bermuda to abolish the death penalty.
66. OEe Special Rapporteur is concerned at the practice of setting up special tribunals or
jurisdictions in response to situations of internal conflict or other exceptional circumstances.
Such tribunals are oifien established in order to expedite trials, which may result in hastily
imposed death sentences. There are reports of serious violations of fair trial standards in
connection with proceedings before special tribunals, particularly as concerns the independence
and impartiality of the judiciary, since the judges are oifien closely connected and at times
directly accountable to the law enforcement authorities or the military.
67. OEe Special Rapporteur is also concerned over reports that most of the more
than 60 foreigners currently on death row in the United States of America have been sentenced
without being informed of their right under article 36 of the Vienna Convention on Consular
Relations to receive legal assistance from their respective consulates. Mr. Joseph Stanley
Faulder, a Canadian national, was executed in the State of Texas in June 1999. OEe
Special Rapporteur sent repeated appeals to the Government of the United States pointing out
that Mr. Faulder had reportedly not been informed of his rights under the Vienna Convention on
Consular Relations.
3. Restrictions on the use of the death penalty
68. Capital punishment for juvenile oLenders is prohibited under international law. OEe
Convention on the Rights of the Child, which has been ratiffied by all States except the
United States of America and Somalia, clearly excludes the use of the death penalty for crimes
committed by persons under the age of 18. Since 1990, six countries are known to have
executed persons who were under 18 years old at the time of the crime: the Islamic Republic of
Iran, Nigeria, Pakistan, Saudi Arabia, Yemen and the United States of America. OEe Special
Rapporteur is concerned over the situation in the United States where around 70 persons are
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currently on death row aifier having been sentenced to death for crimes committed when they
were under the age of 18. In February 1999, Mr. Sean Sellers was executed in the State of
Oklahoma aifier having been sentenced to death for murder committed when he was 16 years of
age. OEe Special Rapporteur appealed to the Government of the United States to order a stay of
Mr. Seller's execution. The Special Rapporteur is deeply concerned at the increasing use
of the death penalty against children in Pakistan where, during the period under review,
around 100 children were awaiting execution. OEe youngest of them, Bashir Ahmed, 14 years of
age, was sentenced to death by a special anti-terrorist court for rape.
69. OEe Special Rapporteur wishes to stress that in resolution 1989/64 the Economic and
Social Council also recommended that States strengthen the protection of the rights of those
facing the death penalty by eliminating the death penalty for persons suffering from mental
handicap or extremely limited mental capacity. Moreover, the Safeguards guaranteeing
protection of the rights of those facing the death penalty stipulate that the death penalty shall not
be carried out on persons who have become insane. OEe Special Rapporteur strongly supports
these recommendations and urges States to take action to reflect these restrictions in domestic
law.
70. Article 6, paragraph 2, of the International Covenant on Civil and Political Rights
stipulates that, in countries which have not abolished the death penalty, sentence of death may
be imposed only for the most serious crimes”. In its General Comment 6 on article 6 of the
Covenant, the Human Rights Committee stated that the expression most serious crimes” must
be read restrictively to mean that the death penalty should be a quite exceptional measure. OEe
Special Rapporteur shares this conclusion, and further believes that the death penalty should
under no circumstances be mandatory bylaw, regardless of the charges involved. Paragraph 1 of
the Safeguards guaranteeing protection of the rights of those facing the death penalty states that
the scope of crimes subject to the death penalty should not go beyond intentional crimes with
lethal or other extremely grave consequences. The Special Rapporteur is strongly of the opinion
that these restrictions exclude the possibility of imposing death sentences for economic and other
so-called victimless oLences, or activities of a religious or political nature - including acts of
treason, espionage and other vaguely deffined acts usually described as crimes against the State”
or disloyalty”. This principle also excludes actions primarily related to prevailing moral values,
such as adultery and prostitution, as well as matters of sexual orientation.
71. In July 1999, the Special Rapporteur sent a questionnaire to all States which still retain
the death penalty either in law or in practice. In the questionnaire the Governments approached
were requested to give information on the following issues: (a) provisions for mandatory death
penalty in domestic law; (b) provisions allowing for the use of the death penalty for persons
under the age of 18; (c) the number of executions of persons under the age of 18 in the last
two years, or for crimes committed by persons under that age, as well as a brief description of
these cases; (d) a description of the crimes for which the death penalty applies under national
law. At the time of writing, the following Governments had responded to the questionnaire:
Antigua and Barbuda, Armenia, Barbados, Belarus, Egypt, Japan, Libyan Arab Jamahiriya,
Lithuania, Malaysia, Rwanda, Sudan, Syrian Arab Republic, Trinidad and Tobago, Ukraine, and
United Arab Emirates.
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72. Although the replies received so far do not allow for a comprehensive analysis of the
issues raised at this stage, the Special Rapporteur would nevertheless like to make the following
observations. She welcomes the steps taken by Lithuania to abolish the death penalty, as
required under Protocol No. 6 to the European Convention for the Protection of Human Rights
and Fundamental Freedoms, which it signed on 18 January 1999. In its reply, the Government of
the Libyan Arab Jamahiriya pointed out that the aim of the Libyan society is to abolish the death
penalty. The Government also stressed that there are constant appeals by the Leader of the
Revolution concerning the need of such an abolition. OEe Government further referred to the
People's Congress directives advocating the gradual abolition of this penalty.
73. OEe Special Rapporteur notes with appreciation that Armenia, Barbados, Barbuda, Egypt,
Japan, Malaysia, Rwanda, the Syrian Arab Republic, the Libyan Arab Jamahiriya, Trinidad and
Tobago, Ukraine and the United Arab Emirates do not allow for the imposition of the death
penalty for persons under the age of 18 years of age for any oLences or under any circumstances.
However, the Special Rapporteur is deeply concerned that the death penalty remains mandatory
in Armenia, Barbados, Malaysia, Rwanda, Trinidad and Tobago and Ukraine. OEe Special
Rapporteur encourages States to respond to her questionnaire, as information received from the
Governments concerned will greatly assist in the Special Rapporteur's analysis of the issue of
capital punishment.
B. Deaths due to attacks or killings by security forces, paramilitary groups
or private forces cooperating with or tolerated by the State
74. A cause for deepening concern for the Special Rapporteur is the increasing incidence of
large-scale extrajudicial killings carried out by government security forces and armed groups
reported to be sponsored, supported or tolerated by Governments. Atrocities committed by such
elements have become particularly common in the context of internal disturbances and conflicts,
but such incidents have also been reported in relation to conflicts with international dimensions.
It is alarming that in some countries the unoffcial use of irregular forces appears to have become
part of government policies and counter-insurgency campaigns. These groups are usually
supported or directed by the military or civilian intelligence services, which further obscures the
transparency of their operations. In many cases the situation is further exacerbated by the fact
that human rights violations perpetrated in this context are oifien ignored or actively covered up
by the country's justice system. This may in some instances result in a deeply entrenched culture
of impunity which further perpetuates human rights violations.
75. In East Timor, before, during and aifier the popular consultation on the territory's future
status on 30 August 1999, militia elements and Indonesian security forces unleashed a wave of
violence in which pro-independence supporters were terrorized and killed. Eyewitness
testimonies heard by the Special Rapporteur during her mission to East Timor in November 1999
indicate that many of these atrocities were carried out with the approval, or in some cases with
the participation of Indonesian government forces.
76. In the report on her visit to the former Yugoslav Republic of Macedonia and Albania,
during which she investigated allegations relating to the situation in Kosovo, the Special
Rapporteur observed that killings were mostly attributed to forces under the direct or indirect
control of the Government of the Federal Republic of Yugoslavia. OEese crimes are described
E/CN. 4/2000/3
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and analysed in detail in the report of the High Commissioner for Human Rights on the situation
of human rights in Kosovo to the Commission on Human Rights dated 7 September 1999
(E/CN.4/2000/7); that document, which is based on in-depth interviews with 273 persons -
mostly refugees and internally displaced persons - identifies paramilitary and police forces with
the cooperation or complicity of the Yugoslav army as responsible for the majority of the
atrocities recorded.
77. OEe Special Rapporteur is deeply concerned over the continuing violence which has
resulted in a growing number of extrajudicial killings in Colombia. OEe information received
indicates that most of these atrocities have been perpetrated by paramilitary groups, which
allegedly operate with the support of government forces. It is a cause for great concern that the
civilian population, including the large IDP population, appear to have been deliberately targeted
in the ongoing conflict.
C. Traditional practices aLecting the right to life - OEonour killings”
78. In the period under review the Special Rapporteur has continued to receive reports of
so-called OEonour killings” of women. OEe perpetrators of these crimes are mostly male family
members of the murdered women, who go unpunished or receive reduced sentences on the
justiffication of having murdered to defend their misconceived notion of family honour”. OEe
Special Rapporteur is working closely with the Special Rapporteurs on violence against women,
its causes and consequences and on the independence of judges and lawyers to monitor incidents
of OEonour killings” where the State either approves of and supports these acts, or extends a form
of impunity to the perpetrators by giving tacit or covert support to the practice. OEe Special
Rapporteur has received reports of OEonour killings” from Bangladesh, Turkey, Jordan, Israel,
India, Italy, Sweden, the United Kingdom, Pakistan, Brazil, Ecuador, Uganda and Morocco. The
practice of OEonour killings” is more prevalent although not limited to countries where the
majority of the population is Muslim. In this regard it should be noted that a number of
renowned Islamic leaders and scholars have publicly condemned this practice and clariffied that it
has no religious basis. At the same time, it is reported that some Governments of countries
where Muslims are in a minority do not take a ffirm position against such violations of human
rights on the pretext of not wanting to hurt cultural sensitivities among the minority population.
79. Information received so far indicates that OEonour killings” take many forms. In some
cases, young girls and women have been forced to commit suicide aifier public denunciation of
their behaviour and open threats to their lives. Others are disffigured by acid burns; many of
these women die as a result of their injuries. OEe Special Rapporteur has been informed that a
18-year-old woman was flogged to death in Batsail, Bangladesh, for immoral” behaviour on the
orders of clerics presiding over an informal village council. Such cowardly crimes against
women are publicly and proudly confessed by the perpetrators, who are oifien family members of
the victims. In one case in Egypt, the father of the victim reportedly killed his daughter,
beheaded her and paraded her severed head through the streets of his neighbourhood shouting I
avenged my honour”. It is reported that in Pakistan around 300 women are killed every year for
crimes of OEonour”. Only a handful of the perpetrators are arrested, and most of these criminals
receive only token punishment. The law also allows the heirs of the victims to forgive the
accused or accept compensation ( diyat ) in place of imprisonment. In almost 90 per cent of such
E/CN.4/2000/3
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cases, the victims are killed by their own family or at their behest. Around 25 women are
reportedly killed for crimes of OEonour” each year in Jordan. It is estimated that almost one in
four homicides in Jordan is an OEonour killing”.
80. OEe right to life is the most fundamental of all rights and must be guaranteed to every
individual without discrimination. Article 2 of the Convention on the Elimination of All Forms
of Discrimination against Women makes it obligatory for States parties to condemn
discrimination against women in all its forms, agree to pursue by all appropriate means and
without delay a policy of eliminating discrimination against women” and, to this end, undertake
to make legislative changes, including sanctions, prohibiting discrimination against women.
States parties are obliged to refrain from engaging in any act or practice of discrimination
against women and to ensure that public authorities and institutions shall act in conformity with
this obligation”. OEey are required to take all appropriate measures to eliminate discrimination
against women by any person, organization or enterprise”. They are expected to take all
appropriate measures to modify or abolish customs and practices which constitute
discrimination against women”.
81. OEe Special Rapporteur notes that some countries retain legislation allowing for
reduction of sentences and exemption from prosecution to those who kill in the name of honour.
OEe authorities often maintain a deadly and deliberate silence over such killings, thereby
encouraging perpetrators to adopt a self-righteous stance in regard to such inhuman crimes. OEe
courts in many of these countries continue to justify such killings. Lesser punishment is oifien
awarded on the grounds that the victim oLered provocation” by disobeying or violating cultural
norms. OEe Special Rapporteur deplores the refusal of the Senate of Pakistan to discuss a
resolution condemning OEonour killings”. OEe senators favouring such a resolution were
physically intimated in the presence of the press and women activists attending the session. OEe
Government of Pakistan has further refused to condemn honour killings despite public protests
throughout the country against the decision of the Senate. OEe Special Rapporteur is deeply
concerned at the Government's attitude of tolerance of such killings despite its statement to the
contrary at the ffiifiy-ffiifih session of the Commission on Human Rights.
82. OEe Special Rapporteur is aware of and welcomes the initiatives taken by the
Governments of Jordan and Turkey to abolish or amend their legislation in order to bring it into
conformity with international standards with regard to OEonour killings”. OEe Special
Rapporteur was encouraged by the public statements made by His Majesty King Abdullah,
Her Majesty Queen Noor, and the Minister of Justice of Jordan in support of amending the penal
laws discriminating against women.
83. When studying reports on this issue, the Special Rapporteur was deeply troubled to read
judgement upon judgement moralizing upon the conduct of the victims of OEonour killings”,
while justifying acts of murder by the very people who would be expected to feel love and
closeness to the women they so heartlessly kill. OEe Special Rapporteur is also concerned at the
policy adopted by some Governments to protect potential victims of OEonour killings”. While
those threatening the lives of these women enjoy total freedom, the victims are placed in prisons
or custodial and correctional homes, sometimes for years on end. They are not free to leave
these institutions once confined to them.
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84. A comprehensive policy has to be drawn up to abolish practices which impinge upon the
life of any person purely because of sexual distinction. OEe Special Rapporteur intends to
continue to follow individual cases to assess the level of impunity extended to such crimes. In
this connection, she would also like to acknowledge the eLorts made by some Governments and
judges in bringing the perpetrators of such violations to justice. OEeir endeavours to counter
these gross violations of human rights must be supported by the international community. In this
regard, the Special Rapporteur was particularly encouraged to follow the work undertaken by
some leading international non-governmental organizations. OEeir campaigns, along with
increased media exposure, have attracted much-needed international attention to the practice of
OEonour killings”.
D. Violations of the right to life of human rights defenders and journalists
85. OEe Special Rapporteur is deeply concerned by continuing reports of death threats
against or extrajudicial killings of human rights activists, lawyers, community workers, teachers,
journalists, and other persons engaged in activities aimed at promoting human rights or
publicizing human rights violations. As noted in chapter III, section B, above, she has on
numerous occasions sent urgent appeals, including several joint communications with the
Special Rapporteur on freedom of opinion and expression, to Governments urging them to aLord
protection to persons who had been subjected to death threats. OEe Special Rapporteur is
concerned that journalists are increasingly targeted for extrajudicial killings because of their
work to expose human rights abuses or to uncover irregularities and corruption on the part of
persons in positions of authority. Attacks and threats have continued to be reported from many
Latin American countries. The Special Rapporteur is particularly alarmed by the situation in
Colombia, where at least 59 human rights defenders were reportedly killed or received death
threats in the last year. She has also received reports of threats, attacks and extrajudicial killings
directed against human rights defenders in several African countries, notably the Democratic
Republic of the Congo and Cameroon. A large number of human rights defenders were also
among the victims of the systematic killings carried out by pro-integrationist militias and
Indonesian government forces in East Timor. The Special Rapporteur has received a list of
133 documented cases of extrajudicial killings or death threats directed against human rights
defenders reported to have occurred worldwide in the last year.
86. OEe Special Rapporteur welcomes the adoption by the General Assembly
on 9 December 1998 of the Declaration on the Right and Responsibility of Individuals, Groups
and Organs of Society to Promote and Protect Universally Recognized Human Rights and
Fundamental Freedoms. This instrument is an important commitment on the part of the
international community to respect the rights of human rights defenders.
E. Impunity
87. As the information and analysis presented in the chapters above clearly show, one of the
root causes of the occurrence of serious human rights violations, including extrajudicial,
summary or arbitrary executions, is the deeply entrenched culture of impunity which continues
to plague the legal system in many of the countries struggling with serious human rights
problems. The inability or reluctance on the part of the authorities to bring an end to impunity
for human rights offenders seriously undermines the rule of law, which is one of the most
E/CN.4/2000/3
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fundamental principles of a democratic and functioning society. A culture of impunity widens a
gap between those close to the power structures and others, who are vulnerable to human rights
abuses. The increasing diffculties in securing justice drive people to take the law into their own
hands, resulting in a further deterioration of the justice system and new outbursts of violence. In
such situations non-governmental organizations can play a pivotal role in challenging impunity.
88. In this connection, it should be recalled that the Human Rights Committee has in its
general comment 6 on article 6 of the International Covenant on Civil and Political Rights, as
well as in numerous decisions, reafffirmed that States are obliged to investigate all human rights
violations, particularly those aLecting the physical integrity of the victim, to bring to justice
those responsible for such abuses, to pay adequate compensation to the victims or their families,
and to prevent the reoccurrence of such violations. This obligation is conffirmed in other
international human rights instruments, including the Principles on the ELective Prevention and
Investigation of Extra-legal, Arbitrary and Summary Executions and the Declaration on the
Protection of All Persons from Enforced Disappearance.
89. In most situations impunity is the result of a weak and inadequate justice system, which
is either reluctant or unable to investigate and prosecute cases of human rights violations,
including violations of the right to life. While in some countries the judiciary is strongly
influenced by or directly subordinate to the executive authorities, in others court decisions are
flatly overruled or ignored by the law enforcement authorities or the armed forces. Members of
security forces are oifien prosecuted in military courts which in many cases fall short of
international standards regarding the impartiality, independence and competence of the judiciary.
Extrajudicial killings and acts of murder may sometimes also go unpunished because of the sex,
religious belief, ethnicity or sexual orientation of the victim, which is used as ajustiffication of
the crime. In some cases impunity is the direct product of laws or other regulations explicitly
exempting public offcials or certain categories of State agents from accountability or
prosecution. Such regulations are often resorted to in countries facing internal unrest, and where
the security forces are given wide-ranging powers to counter a real or perceived threat to national
security. In certain countries the law allows the heirs of a murder victim to forgive” the
perpetrator, thereby allowing impunity for the crime. OEe oLender instead pays compensation to
the heirs of the victim. OEis law, which follows the Islamic principles of gisas and divat ,
operates in favour of the more powerful party, thus allowing perpetrators of violations of human
rights impunity. Oifien the victim's heirs are intimidated into a compromise and to forgive” the
accused party.
90. Situations of impunity can also arise as a result of amnesty laws, passed in the interest of
national reconciliation, when countries try to come to terms with human rights abuses of past
regimes. OEe Special Rapporteur believes that there should and can be no impunity for serious
human rights abuses, particularly violations of the right to life, regardless of the past or present
status or position of the alleged perpetrator. At the same time, in order to be eLective and
meaningful in fostering accountability among State offcials and rulers, measures taken to
prosecute human rights oLenders cannot be selective, but must be part of broader policies aimed
at promoting peace, social stability and respect for the law.
91. OEe Special Rapporteur has continued to receive reports and allegations relating to the
question of impunity. She is particularly concerned over reports from the Great Lakes region in
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Africa, especially the Democratic Republic of the Congo, where government forces continue to
commit atrocities including extrajudicial, summary or arbitrary executions of civilians. OEe
situation in Myanmar is also a cause for deepest concern, as forces under the command of the
State Peace and Development Council reportedly continue to commit large-scale extrajudicial
executions. OEe problem of impunity for human rights oLenders was also very much in the
focus of the fleld missions the Special Rapporteur undertook in the present reporting period.
While in East Timor she was deeply disturbed by the flagrant impunity with which government
forces and armed pro-integrationist militias were allowed to commit large-scale and calculated
extrajudicial killings. During her visit to the former Yugoslav Republic of Macedonia and
Albania she heard shocking testimonies of atrocities attributed to Yugoslav government forces
and State-sponsored paramilitary groups in Kosovo. In her report on her mission to Mexico, the
Special Rapporteur noted that there was a particular reluctance among the competent Mexican
authorities to hold members of the armed forces accountable for extrajudicial killings and other
grave human rights violations. She also expressed her concern over the large-scale impunity
enjoyed by certain persons in positions of authority.
92. OEe International Criminal Court, once it is established, has the potential to assume a
leading role in the ffight against impunity for serious human rights violations. After several years
of deliberations, the Statute for a permanent International Criminal Court was adopted by the
United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an
International Criminal Court in Rome on 17 July 1998. OEe Court is to have jurisdiction over
serious crimes of international concern, including genocide, war crimes and crimes against
humanity. The Statute will enter into force aifier the deposit of the sixtieth instrument of
ratiffication, acceptance, approval or accession. At the time of writing, 90 States had signed
and 5 ratiffied the Statute.
VI. CONCLUDING REMARKS AND RECOMMENDATIONS
A. Concluding remarks
93. OEe information brought to the Special Rapporteur's attention during the period under
review, and which is reflected in the sections above, compels her to conclude that there is no
indication that extrajudicial, summary or arbitrary executions have decreased. Certain speciffic
groups such as human rights defenders, political activists and members of various minorities
continue to be particularly exposed to these horrendous crimes, but there are more and more
reports of large-scale indiscriminate and arbitrary killings of women, children or elderly persons
by Government-controlled security forces, paramilitary groups or non-State actors. Armed
conflicts and situations of internal strife or unrest also continue to claim their toll of civilian
victims. OEe Special Rapporteur further feels a personal commitment and responsibility to
address the unacceptable practice of so-called OEonour killings”, which she concludes may
constitute violations of the right to life when condoned or ignored by the authorities.
94. OEe Special Rapporteur hopes that the present report will serve to illustrate the scope and
seriousness of the problem of extrajudicial, summary or arbitrary executions worldwide and
inspire States to take joint and separate action to combat these atrocities, which continue to bring
anguish and tragedy to innocent victims and their families. Declarations of commitment to the
protection of human rights are only eLective, and indeed meaningful, if they are translated into
E/CN.4/2000/3
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concrete decisions and policies at the national level. In this regard, the Special Rapporteur notes
with regret that most of her recommendations from last year remain valid, in the absence of
concrete and credible action to implement them on the part of Governments. She has therefore
felt obliged to reiterate many of these points in this year's report. OEe Special Rapporteur further
notes with regret that in the present reporting period, a number of Governments have ignored her
urgent appeals in individual cases and failed to respond to requests for information regarding
alleged violations of the right to life.
95. OEe Special Rapporteur would like to take this opportunity to express her appreciation for
the additional staL assigned to service her mandate at the Offce of the High Commissioner for
Human Rights. She is also encouraged by the ongoing work at the Offce to establish a database
system in support of the thematic mechanisms of the Commission on Human Rights. She is
concerned, however, that the precarious funding situation of the United Nations human rights
programmes may jeopardize the stable and uninterrupted support for her mandate.
B. Recommendations
1. Capital punishment
96. It is strongly recommended to States that have not ratiffied the International Covenant on
Civil and Political Rights to do so. Domestic legislation pertaining to the use of the death
penalty should be brought into line with international standards. States that still enforce capital
punishment should observe all fair trial standards and restrictions on the use of the death penalty
contained in the relevant international instruments, particularly the International Covenant on
Civil and Political Rights.
97. States which still enforce the death penalty should take immediate and eLective measures
to restrict its use, with a view to completely abolishing capital punishment both in law and in
practice. In these eLorts, Governments should establish an immediate moratorium on the
execution of death sentences, in accordance with Commission on Human Rights
resolution 1999/6 1. Pending the imposition of such a moratorium, Governments which continue
to enforce death penalties are urged to take immediate steps to bring their domestic legislation
and legal practice into line with international standards prohibiting the imposition of death
sentences in regard to minors and mentally ill or handicapped persons. OEe Special Rapporteur
notes that the Convention on the Rights of the Child clearly stipulates that capital punishment
shall not be imposed for oLences committed by persons under the age of 18. She welcomes the
growing international consensus that the death penalty should not apply to juvenile oLenders,
and encourages States to support the ongoing eLorts to that end.
98. OEe Special Rapporteur further calls upon Governments to review their existing
legislation and legal practice with the aim of limiting the use of the death penalty to exclude
crimes that cannot be considered most serious”, as provided in article 6 of the International
Covenant on Civil and Political Rights. Death sentences should under no circumstances be
mandatory.
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2. Death threats
99. OEe Special Rapporteur urges Governments to recognize their obligation to ensure the
protection of the human rights of all persons under their jurisdiction, including the duty to
investigate all instances of death threats or attempts against lives, which are brought to their
attention, regardless of the race, ethnicity, religious belief, political persuasion or other
distinction of the victim. Governments must also take eLective preventive measures to protect
the security and integrity of those who are particularly exposed or vulnerable to extrajudicial,
summary or arbitrary execution. At the same time, Governments should vigorously and
consistently publicly denounce death threats, and establish and support policies and programmes
condemning the use violence and promoting a climate of tolerance.
3. Deaths in custody
100. All Governments are urged to review legislation and practices concerning arrest and
conditions of detention in order to bring them into line with the Standard Minimum Rules for the
Treatment of Prisoners and other relevant international instruments. Governments should also
take immediate steps to ensure that international norms and principles prohibiting any form of
cruel, inhuman or degrading treatment are strictly observed in all places of detention. So-called
informal places of detention not under direct government control should be prohibited and
immediately closed.
101. Most cases of custodial death occur in the period between a person's arrest and his or her
arraignment. Governments should take steps to minimize the time of pre-trial detention
prescribed by law, and ensure that international standards pertaining to the treatment of persons
in pre-trial detention are strictly observed by the relevant authorities. Law enforcement off cials
and prison guards should receive human rights training, particularly with regard to the
aforementioned norms. All cases of custodial death should be promptly and thoroughly
investigated by a body which is independent from the police or prison authorities. Governments
should guarantee the right to persons in detention to receive visits by their lawyers and family,
and to have access to adequate medical care. When applicable, Governments should also
continue to strengthen their cooperation with the International Committee of the Red Cross, and
allow free and unimpeded access of its delegates to places of detention. In this connection, the
Special Rapporteur reiterates her request to the Commission on Human Rights to call for the
rapid adoption of an optional protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment with a view to establishing a system of periodic
visits to places of detention. The Special Rapporteur recommends that national human rights
commissions and ombudsman institutions pay particular attention to the problem of custodial
deaths, and encourages them to share their ffindings with her.
4. Excessive use of force by law enforcement offficials
102. Governments should ensure that their police and security personnel receive thorough
human rights training, particularly in regard to restrictions on the use of force and ffirearms in the
discharge of their duties. OEis training should include the teaching of methods of crowd control
without resorting to lethal force. All cases of excessive use of force by State agents should be
thoroughly investigated and persons responsible for such abuses brought to justice.
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5. Violations of the right to life during armed conflict
103. OEe Special Rapporteur strongly recommends that States that have not yet ratiffied the
four Geneva Conventions do so as a matter of urgency. Governments are to ensure that members
of their military and security forces receive adequate training in human rights and humanitarian
law standards applicable to situations of armed conflict and internal unrest or strife.
Commanding offcers are under an obligation to ensure that strict discipline is maintained in
their units and that operations are carried out in strict observance of the aforementioned
standards. All violations of human rights or humanitarian law should be promptly and
consistently investigated and punished.
104. Governments of countries engaged in action against armed opposition groups are urged
to deploy every eLort to ensure that counter-insurgency operations are conducted in strict
compliance with international human rights and humanitarian law standards. Civilians should
under no circumstances be identiffied with or targeted as a party to the conflict, regardless of their
religion, ethnicity or political sympathies. Governments are reminded that there can be no
derogation from the right to life, contained in article 6 of the International Covenant on Civil and
Political Rights, not even in times of war and internal unrest.
105. Non-State actors engaged in armed activities should undertake to respect basic
humanitarian principles, particularly those contained in common article 3 of the Geneva
Conventions. Members of such forces should be held legally responsible for their acts.
Governments that control armed groups operating outside their own borders should take full
responsibility for human rights violations, including extrajudicial, summary or arbitrary
executions committed by these forces.
6. Imminent expulsion of persons to countries where their lives are in danger
106. Governments that have not yet ratiffied the Convention and Protocol relating to the Status
of Refugees are strongly encouraged to do so. Governments should at all times refrain from
expelling persons in circumstances where respect for their right to life is not fully guaranteed.
Refoulement of refugees or internally displaced persons to countries or areas where respect for
their right to life is not fully guaranteed, as well as closure of borders preventing the escape of
persons trying to flee a country, should at all times be prohibited. When necessary, the
international community should stand ready to assist countries facing a massive influx of
refugees whose lives may be in danger, to enable the host country to receive these persons in
safety and dignity.
7. Genocide
107. Governments are strongly encouraged to ratify the Convention on the Prevention and
Punishment of the Crime of Genocide. OEe Special Rapporteur calls on States parties to the
Convention to pay due attention to its provisions relating to the prevention of genocide.
Concerned States, assisted by the international community, should deploy every eLort to prevent
acts of communal violence or inter-ethnic tensions from degenerating into large-scale killings
that may ultimately reach the dimensions of genocide. States in which acts of communal
violence occur and inter-ethnic tensions persist should do their utmost to curb such conflicts and
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defuse tensions at an early stage. Governments should also work towards reconciliation and
peaceful coexistence of all segments or groups of the population, regardless of ethnicity,
religion, language or any other distinction. If and when required, the international community
should be ready to assist these countries in preventing and defusing such conflicts. Governments
should at all times prevent, prosecute and punish propaganda or incitement to hatred and
intolerance that might instigate acts of communal violence. Governments are encouraged to
request and avail themselves of international assistance to prevent conflicts and tensions from
escalating into widespread and large-scale violence.
108. OEe Special Rapporteur encourages the States parties to the Convention on the
Prevention and Punishment of the Crime of Genocide to explore ways of establishing a
monitoring mechanism to supervise the implementation of the Convention. She calls on all
concerned States to cooperate fully with the hiternational Criminal Tribunal for the Former
Yugoslavia and the International Criminal Tribunal for Rwanda, particularly by arresting and
handing over suspects with a view to prosecuting those accused of the crime of genocide. The
Special Rapporteur further notes that the hiternational Criminal Court, once it is established, will
have jurisdiction over the crime of genocide.
8. Acts of omission
109. Governments are obliged to prevent acts of violence, including extrajudicial, summary or
arbitrary executions, and to promptly prosecute persons responsible for such abuses.
Governments must under no circumstances allow impunity for human rights violations, and
should bring to justice persons committing murder in the context of mob violence or under the
pretext of so-called popular justice. Governments should under no circumstances harbour or
support groups or persons engaged in acts of terrorism. State off cials who fail to take action to
prevent violations of the right to life should be prosecuted and punished, regardless of their rank
or position. Governments should publicly denounce acts of violence and serious human rights
violations. At the same time, they should refrain from making statements justifying or
supporting such acts on the grounds of cultural or religious sensitivities.
9. Impunity
110. States are under an obligation to conduct exhaustive and impartial investigations into
allegations of violations of the right to life, in all its manifestations, and to identify and prosecute
those responsible. In addition to combating impunity by addressing past or ongoing abuses,
States should take positive measures aimed at preventing the recurrence of such violations.
111. OEe Special Rapporteur believes that the following measures, if introduced, could
contribute to curbing impunity for human rights oLenders: (a) Governments that have not done
so should establish strict procedures, such as habeas corpus, aimed at ensuring the integrity of
persons under any form of detention; (b) State authorities should ensure that strict discipline and
a clear chain of command is maintained within the police and armed forces. All paramilitary or
security forces not directly and strictly under government control should be immediately
disbanded; (c) Governments should consider the establishment of independent human rights
redress mechanisms, such as the ombudsman institution, with the authority to take action on
behalf of victims of human rights abuses. Such mechanisms would also serve to increase the
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transparency of State institutions and the accountability of public offcials; (d) Governments
should take eLective action to strengthen the integrity, status and resources of the judiciary;
(e) in accordance with principle 19 of the Principles on the ELective Prevention and
Investigation of Extra-legal, Arbitrary and Summary Executions, blanket amnesty laws
prohibiting the prosecution of alleged perpetrators and violating the rights of victims should not
be adopted; (f) no person, regardless of his or her present or past status, function and position,
should be immune from prosecution for gross human rights violations, including extrajudicial,
summary or arbitrary executions. The Special Rapporteur further believes that a free and
independent press can contribute to curbing impunity by giving publicity to human rights abuses
and scrutinizing the work of State authorities.
112. OEe Special Rapporteur is deeply disturbed by increasing reports of widespread and
systematic killings carried out by government security forces or armed elements supported by the
State. The practice of using paramilitary groups or militias as instruments of government
repression is a cause for gravest concern. She strongly urges Governments to introduce strict
measures to control the activities of forces under its direct control and to immediately end
support for any paramilitary or private groups. Government offcials and commanding offcers
should be held accountable for any action or omission allowing such forces to continue with their
activities.
113. OEe Special Rapporteur wishes to emphasize that the primary responsibility to prosecute
persons responsible for human rights abuses rests with the national authorities. However, in the
event that the national justice system is unwilling or unable to carry out these functions, the
international community must ensure that widespread and systematic human rights violations are
dealt with under a wider, universal jurisdiction. OEe Special Rapporteur welcomes the adoption
of the Statute of the International Criminal Court and believes that the Court will provide an
important complement to national legal systems that are unable or unwilling to combat impunity
by exercising their own jurisdiction. In this context, the Special Rapporteur calls on States to
expedite the establishment of the International Criminal Court by securing the necessary
ratiffications of the Statute without undue delay.
10. Children in armed conflict
114. OEe Special Rapporteur is deeply disturbed by the continuing practice of engaging
children under the age of 18 in armed conflict. She strongly supports the adoption of an optional
protocol to the Convention on the Rights of the Child aimed at prohibiting the compulsory or
voluntary recruitment of children under 18 years of age into the armed forces and armed groups
and their participation in armed conflict. She urges States to take immediate unilateral action to
raise the age of enlistment to 18 years.
11. Traditional practices and customs aLecting the right to life - OEonour killings”
115. OEe main reason for the perpetuation of the practice of OEonour killings” is the lack of
political will by Governments to bring the perpetrators of these crimes to justice. Governments
are urged to make legislative changes to ensure that such killings receive no favourable
discriminatory treatment under the law; those threatening the lives of potential victims should be
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brought to justice. Correctional and custodial homes run by Governments should not be
permitted to forcibly detain women whose lives are at risk. Prisons should never be used to
detain potential victims of honour killings.
12. OEe right to life and sexual orientation
116. OEe Special Rapporteur encourages Governments to renew their eLorts to protect the
security and the right to life of persons belonging to sexual minorities. Acts of murder and death
threats should be promptly and thoroughly investigated regardless of the sexual orientation of the
victims. Measures should include policies and programmes geared towards overcoming hatred
and prejudice against homosexuals and sensitizing public offficials and the general public to
crimes and acts of violence directed against members of sexual minorities. The Special
Rapporteur believes that decriminalizing matters of sexual orientation would greatly contribute
to overcoming the social stigmatization of members of sexual minorities, and thereby curb
impunity for human rights violations directed against these persons. Matters of sexual
orientation should under no circumstances be punishable by death.
