Aadel Collection
Extrajudicial, summary or arbitrary executions Report of the Special Rapporteur, Asma Jahangir
UNIItL )
NATIONS
Economic and Social Distr.
Council
GENERAL
E/CN.4/2004/7
22 December 2003
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Sixtieth session
Item 11(b) of the provisional agenda
CIVIL AND POLITICAL RIGHTS, INCLUDING THE QUESTION
OF DISAPPEARANCES AND SUMMARY EXECUTIONS
Extrajudicial, summary or arbitrary executions
Report of the Special Rapporteur, Asma Jahangir
C
GE.03-17260 (E) 190104
E/CN. 4/2004/7
page 2
Summary
The present report, which is submitted pursuant to Commission on Human Rights
resolution 2003/53, covers information received and communications sent by the Special
Rapporteur on extrajudicial, summary or arbitrary executions in the period from
2 December 2002 to 1 December 2003, unless otherwise stated. OEe report is divided into
ffive sections, focusing 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.
Section I of the report provides a summary of the mandate entrusted to the Special
Rapporteur. In section lIthe Special Rapporteur presents the main activities she has undertaken
in the framework of her mandate during the period under review. Section III gives an overview
of the various situations involving violations of the right to life relevant to the Special
Rapporteur's mandate, including observations regarding violations of the right to life of special
groups and issues of special focus. Section IV provides an overview of developments, in
follow-up to the Special Rapporteur's country visits. Finally, section V is devoted to the Special
Rapporteur's conclusions and recommendations.
This report should be read in conjunction with addendum 1 (E/CN.4/2004/7/Add. 1),
which presents a summary of all urgent appeals and letters of allegation sent during the reporting
period, as well as summaries of replies from Governments.
The Special Rapporteur's report briefly describes action taken in regard to various forms
of violations of the right to life, including deaths in custody, deaths due to excessive use of force
by law enforcement agents, killings by security forces or paramilitary groups, and death threats.
The report also discusses the issue of capital punishment and makes reference to death penalty
cases in which the Special Rapporteur has intervened in reaction to reports that the sentences
concerned had been passed in violation of international restrictions and human rights standards.
In her report, the Special Rapporteur also discusses the situation of a number of speciffic
categories of victims, who are particularly vulnerable or have been directly targeted for
extrajudicial execution. OEese groups include human rights defenders, lawyers, journalists,
demonstrators, members of national, ethnic, religious or linguistic minorities, internally
displaced people, women, children, members of indigenous communities.
The report additionally includes a section devoted to follow-up in relation to missions
undertaken by the Special Rapporteur.
The Special Rapporteur concludes her report by emphasizing that it will be her last report
to the Commission on Human Rights. She expresses appreciation of Governments which
cooperated with her while carrying out her mandate. She also highlights some disturbing trends
identiffied during the reporting period, and presents recommendations, including the following (to
be considered and read in conjunction with the recommendations previously issued in her report
E/CN.4/2002/74):
— The United Nations is urged to strengthen early-warning mechanisms so that acts of
genocide and crimes against humanity can be avoided;
E/CN. 4/2004/7
page 3
— Governments must not resort to aerial bombing, use of snipers or pre-emptive strikes.
OEe international community should take note of this growing tendency, and the use
of excessive force;
— All orders to shoot on sight” must only be given as a measure of very last resort to
protect lives;
— Law enforcement personnel should receive in-depth training on human rights;
— Governments should respect the people's right to freedom of association and
expression. Force should not be used to silence those who raise their voices against
the arbitrary use of power by Governments;
— Governments should maintain data banks with precise information on reports of
extrajudicial killings;
— Governments must end systematic and institutional impunity for those who kill
women in the name of honour and so-called morality; and
— Safeguards and restrictions contained in international guidelines and customary law
must be respected in each and every case when imposing or executing the death
penalty.
Introduction .
THE MANDATE .
A. Terms of reference
B. Violations of the right to life upon which
the Special Rapporteur takes action
C. Legal fflamework and methods of work
II. ACTIVITIES
A. General remarks
B. Communications
C. Visits
III. OVERVIEW OF SITUATIONS INVOLVING VIOLATIONS
OF THE RIGHT TO LIFE
A. Genocide and crimes against humanity
B. Violations of the right to life during armed conflict
C. Deaths in custody
D. Deaths due to the use of force
E. Capital punishment
F. Death threats and violations of the right to life of
persons carrying out peaceful activities in defence
of human rights
G. Expulsion, return of persons to a country or place
where their lives are in danger (refoulement), and
violations of the right to life concerning refugees
and internally displaced persons
E/CN. 4/2004/7
page 4
CONTENTS
Paragraphs
1-4
5- 11
5 -6
7
8-11
12-23
12
13 - 19
20 - 23
Page
6
6
6
7
7
8
8
8
10
24-83 10
24-25 10
26-32 11
33-37 12
38-45 13
46 -56 15
57-63 17
64 -65 18
CONTENT S (continued)
E/CN. 4/2004/7
page 5
H. Violations of the right to life of women
I. Violations of the right to life of children
J. Violations of the right to life of persons belonging to
national, ethnic, religious or linguistic minorities
K. Impunity, compensation and the rights of victims
IV. FOLLOW-UP TO RECOMMENDATIONS
V. CONCLUDING REMARKS AND RECOMMENDATIONS ....
Paragraphs
66-71
72 - 73
Page
19
21
74-76 21
77-83 21
84-86 23
87-96 23
E/CN. 4/2004/7
page 6
Introduction
1. This report is submitted pursuant to Commission on Human Rights resolution 2003/53.
It is the sixth annual report submitted to the Commission by Asma Jahangir, and the twenty-first
submitted since the mandate on summary and arbitrary executions was established by Economic
and Social Council resolution 1982/3 5.
2. Unless otherwise stated, the present report covers information received and
communications sent in the period from 2 December 2002 to 1 December 2003, and is divided
into ffive sections. Section I provides a summary of the mandate entrusted to the Special
Rapporteur. In section II, the Special Rapporteur presents the main activities she has undertaken
in the framework of her mandate during the period under review. Section III gives an overview
of the various situations involving violations of the right to life relevant to the Special
Rapporteur's mandate, including brief observations regarding violations of the right to life of
special groups and issues of special focus. Section IV provides an overview of developments in
follow-up to the Special Rapporteur's country visits. Finally, section V is devoted to the Special
Rapporteur's conclusions and recommendations.
3. As in previous years the Special Rapporteur has presented the Commission with an
addendum summarizing the information transmitted and received by the Special Rapporteur, as
well as her observations where required and considered appropriate (E/CN.4/2004/7/Add. 1).
The Special Rapporteur notes with regret that due to cuts in the resources of the secretariat it has
not been possible to issue the addendum in all off cial languages, but only as a mixed” unedited
document in English, French and Spanish.
4. In addition, the Special Rapporteur has submitted two reports concerning country visits
which were carried out during 2003. Addendum 2 to the present report relates to the mission to
Jamaica while addendum 3 relates to her recent mission to Brazil.
I. THE MANDATE
A. Terms of reference
5. In resolution 2003/53, the Commission on Human Rights encouraged the Special
Rapporteur to continue to collect information from all concerned, to respond effectively to
reliable information and to follow-up on communications and country visits as well as to seek
the views and comments of Governments and to reflect them as appropriate in her report she was
to work according to the deffinition of her mandate given in the Commission resolution 2001/45.
6. Her terms of reference therefore include the following:
(a) To continue to examine situations of extrajudicial, summary or arbitrary
executions and to submit her ffindings on an annual basis, together with conclusions and
recommendations, to the Commission, as well as such other reports as the Special Rapporteur
deems necessary in order to keep the Commission informed about serious situations of
extrajudicial, summary or arbitrary executions that warrant its immediate attention;
E/CN. 4/2004/7
page 7
(b) To respond effectively to information which comes before her, in particular when
an extrajudicial, summary or arbitrary execution is imminent or seriously threatened or when
such an execution has occurred;
(c) To enhance further her dialogue with Governments, as well as to follow-up
recommendations made aifier visits to particular countries;
(d) To continue to pay special attention to extrajudicial, summary or arbitrary
executions of children and to allegations concerning violations of the right to life in the context
of violence against participants in demonstrations and other peaceful public manifestations or
against persons belonging to minorities;
(e) To pay special attention to extrajudicial, summary or arbitrary executions where
the victims are individuals carrying out peaceful activities in defence of human rights and
fundamental freedoms;
(f) 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; and
(g) To apply a gender perspective in her work.
B. Violations of the right to life upon which
the Special Rapporteur takes action
7. The Special Rapporteur continues to follow the guidelines detailed in her general report
(E/CN.4/2002/74, para. 8) issued on 9 January 2002.
C. Legal framework and methods of work
8. The main source of law under which the Special Rapporteur works is the Universal
Declaration of Human Rights and articles 6, 14 and 15 of the International Covenant on Civil
and Political Rights. In addition the Special Rapporteur is guided by the Convention on the
Rights of the Child and other treaties, resolutions, conventions and declarations adopted by
competent United Nations bodies containing provisions relating to speciffic types of violations of
the right to life.
9. The legal framework includes principles and guidelines speciffied in:
(a) Principles on the ELective Prevention and Investigation of Extra-legal, Arbitrary
and Summary Executions, adopted by the Economic and Social Council in its resolution 1989/65
of 24 May 1989;
(b) Basic Principles on the Use of Force and Firearms by Law Enforcement Off cials,
adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of
OLenders, held in Havana, Cuba, 1990;
E/CN. 4/2004/7
page 8
(c) OEe Rome Statute of the International Criminal Court adopted on 17 July 1998
and entered into force on 1 July 2002;
(d) Declaration of Basic Principles of Justice for Victims of Crime and Abuse of
Power, adopted by the General Assembly in its resolution 40/43 of 29 November 1985.
10. The working methods of the Special Rapporteur are based on reliable information
brought to her notice. She responds to individual complaints by communicating these to
Governments. In cases of emergency Urgent Appeals” are sent to Governments. Other
allegations are communicated through letters giving a summary of the cases. OEe Special
Rapporteur has prepared model forms for receiving precise information and only acts where
there are suffcient details and the source is either well known or found to be credible. In
extraordinary situations, she also issues press statements.
11. She continues to follow-up on replies received by Governments. OEese are particularly
helpful in guiding the work of the mandate. The Special Rapporteur considers on-site visits to
countries an essential component to her mandate. OEis allows her to work in a spirit of
cooperation with Governments. She receives ffirst-hand information and is able to capture the
atmosphere of the situation.
II. ACTIVITIES
A. General remarks
12. During the reporting period, the Special Rapporteur held a number of consultations with
OHCHR in Geneva. She met with the High Commissioner and staL, as well as with a number of
other Special Rapporteurs, representatives and experts of the Commission on Human Rights.
The Special Rapporteur presented her previous report (E/CN.4/2003/3) to the Commission at its
ffiifiy-ninth session. In June 2003, she participated in the tenth annual meeting of special
rapporteurs/representatives, independent experts and chairpersons of the special mechanisms of
the Commission on Human Rights, held in Geneva. In addition, the Special Rapporteur met on
several occasions with diplomats and other government representatives who had comments on
her reports and her work in general. The Special Rapporteur also attended a number of seminars
and expert round tables throughout the reporting period.
B. Communications
13. The information received by the Special Rapporteur is overwhelming. It has increased
over the years. OEere appears to be more awareness of the United Nations special procedures
system. During the visits, she noted that Governments and civil society paid more attention to
the work of these procedures. At the same time, there is very little information from countries,
where civil society is less organized and isolated. OEus lack of information on a country does
not necessarily indicate that the situation of human rights is one of satisfaction.
14. A summary of all cases transmitted to Governments as well as summaries of replies
received can be found in addendum ito this report.
15. During the period under review, the Special Rapporteur transmitted 97 urgent appeals on
behalf of several hundred individuals to the following countries: Argentina (4), Azerbaijan (1),
E/CN. 4/2004/7
page 9
Bangladesh (2), Bolivia (3), Brazil (2), Colombia (9), Democratic Republic of the Congo (1),
Ecuador (2), El Salvador (2), Guinea-Bissau (1), Guatemala (2), Haiti (5), Honduras (5),
India (5), Indonesia (1), Iran (Islamic Republic of) (4), Jamaica (1), Kyrgyzstan (1),
Libyan Arab Jamahiriya (1), Mexico (5), Nepal (2), Pakistan (1), Saudi Arabia (2), Peru (1),
Singapore (1), Sri Lanka (3), Sudan (6), OEailand (1), Turkey (1), Turkmenistan (2),
United States of America (10), Uzbekistan (6), Venezuela (3), Yemen (2) and Zimbabwe (1).
She also sent ajoint urgent appeal to the Palestinian Authority.
16. Among those urgent appeals a total of 45 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 independence ofjudges and lawyers, the Special Rapporteur on
freedom of opinion and expression, the Special Rapporteur on violence against women, the
Special Rapporteur on the human rights of migrants, the Chairman-Rapporteur of the Working
Group on Arbitrary Detention and the Special Representative of the Secretary-General on human
rights defenders. As in previous years, the Special Rapporteur welcomes this development,
which to a large extent is due to the enhanced coordination between the various mechanisms of
the Commission as facilitated by the Quick Response Desk in OHCHR.
17. The Special Rapporteur further transmitted 61 letters of allegations, 35 of which were
joint communications, regarding violations of the right to life of a large number of individuals
and groups to the Governments of the following countries: Angola (2), Argentina (1),
Azerbaijan (1), Belgium (1), Bolivia (3), Brazil (1), Bulgaria (1), Cambodia (2), Chad (1),
China (2), Colombia (2), C6te d'Ivoire (2), Democratic Republic of the Congo (1), Egypt (1),
Equatorial Guinea (1), Gambia (1), Guyana (1), Haiti (1), Honduras (1), India (3), Indonesia (2),
Iran (Islamic Republic of) (2), Iraq (1), Israel (4), Jamaica (1), Kenya (1), Malaysia (1),
Mexico (2), Myanmar (1), Nigeria (1), Pakistan (3), Russian Federation (1), Serbia and
Montenegro (1), Sri Lanka (1), Sudan (1), Swaziland (1), Sweden (1), Uganda (1), Ukraine (1),
United States of America (1), Viet Nam (2), Yemen (1) and Zimbabwe (3).
18. During the period under review, the following Governments sent replies to urgent appeals
or communications addressed to them by the Special Rapporteur during or prior to the reporting
period: Algeria, Argentina, Azerbaijan, Bangladesh, Belgium, Bolivia, Bulgaria, China,
Colombia, Egypt, Ghana, Guinea, Guatemala, Haiti, Honduras, India, Indonesia, Iran (Islamic
Republic of), Iraq, Jamaica, Kyrgyzstan, Malaysia, Mexico, Myanmar, Pakistan, Peru,
Saudi Arabia, Serbia and Montenegro, Sierra Leone, Singapore, Sri Lanka, Sudan, Sweden,
Thailand, Turkey, Ukraine, United States of America, Uzbekistan, Venezuela, Viet Nam, Yemen
and Zimbabwe. OEe Special Rapporteur wishes to express her appreciation to those
Governments which have provided comprehensive replies to her communications for their
cooperation. Regrettably, some Governments have replied only in part or on an irregular basis to
her enquiries.
19. She is concerned that the Governments of Angola, Cambodia, Chad, C6te d'Ivoire,
Democratic Republic of the Congo, Ecuador, El Salvador, Equatorial Guinea, Guinea-Bissau,
Guyana, Israel, Kenya, Libyan Arab Jamahiriya, Nepal, Nigeria, Russian Federation, Swaziland,
Turkmenistan, Uganda, and Uruguay did not reply to any of her communications and requests
for information during the reporting period. The Palestinian Authority did not reply to the
communications sent.
E/CN. 4/2004/7
page 10
C. Visits
20. Since her appointment, the Special Rapporteur has written to a number of Governments
expressing her interest in visiting their countries. At the time of writing, the Government of
Sierra Leone had responded positively to her communication. She is planning to undertake a
mission to this country in the near future. OEe Special Rapporteur has requests pending with the
Governments of Algeria, Liberia, Nigeria, and Turkmenistan. As time passes, the requests for
visits will need to be re-prioritized in the coming year. OEe Special Rapporteur will
communicate with Governments with which requests for visits are pending.
21. From 17 to 27 February 2003, the Special Rapporteur conducted a mission to Jamaica
(see E/CN.4/2004/7/Add.2). OEe visit was prompted by a number of reports over the years citing
allegations of extrajudicial executions by Jamaican security and police forces as well as by
information received regarding Jamaica and the international standards on safeguards and
restrictions relating to the imposition of capital punishment.
22. At the invitation of the Government, the Special Rapporteur conducted a mission to
Brazil from 16 September to 8 October 2003 (see E/CN.4/2004/7/Add.3). The visit was aimed at
allowing the Special Rapporteur to investigate in situ allegations she had received over the last
few years relating to violations of the right to life, including extrajudicial executions by the
police and death in custody. OEe Special Rapporteur wishes to acknowledge the unprecedented
cooperation given by the Government of Brazil during the mission.
23. Field missions to speciffic countries are of crucial importance when analysing patterns of
human rights abuses and the root causes which give rise to and perpetuate violations of the right
to life. It gives the Special Rapporteur an opportunity to exchange views with Governments and
lends support to the work of civil society. The decision to seek an invitation to visit a particular
country is based on a variety of considerations, inter alia a thorough analysis of the human rights
situation in the country concerned, the likely or expected impact of a visit, and practical factors
determining the feasibility of a field mission.
III. OVERVIEW OF SITUATIONS INVOLVING
VIOLATIONS OF THE RIGHT TO LIFE
A. Genocide and crimes against humanity
24. The Special Rapporteur believes that the crime of genocide must be regarded as a threat
to international peace and security, thereby placing greater responsibility on the international
community to ensure that human rights violations of such scale are investigated and those
responsible brought to justice, without exception.
25. In this regard, the Special Rapporteur wishes to stress that she is mandated to draw to the
attention of the United Nations High Commissioner for Human Rights such situations of
extrajudicial, summary or arbitrary execution as are of particular concern to her or where early
action might prevent further deterioration. Ten years aifier the tragic genocide in Rwanda, where
hundreds of thousands of innocent civilians lost their lives, she wishes to recall the role of her
E/CN. 4/2004/7
page 11
predecessor in raising international awareness prior to that crisis. She further encourages the
international community and the United Nations to strengthen global early warning mechanisms
which would allow avoiding any further large scale indiscriminate massacre.
B. Violations of the right to life during armed conffct
26. The Special Rapporteur has continued to receive alarming reports of civilians and
persons hors de combat killed in situations of armed conflict and internal strife in various regions
of the world. OEese violations of international humanitarian law are oifien due to attacks by
security forces of the State, or by paramilitary groups, death squads or other private forces
cooperating with or tolerated by the State. During the period under review, the Special
Rapporteur transmitted allegations of violations to the right to life to the Governments of
Angola, Burundi, Colombia, C6te d'Ivoire, Democratic Republic of the Congo, Ethiopia,
Indonesia, Iraq, Israel, Liberia and Russia.
1. Violations of the right to life during armed conffct
contrary to international humanitarian law
27. The Special Rapporteur has continued to follow the situation in the occupied territories
and Israel with deepening concern. OEe allegations transmitted to the Government of Israel
describe indiscriminate killing of civilians, more speciffically during the incursions by Israeli
Defence Forces in Jenin in April and June 2002, as well as in the Nablus refugee camp from
February to March 2002. According to the information received by the Special Rapporteur,
civilians as well as clearly identiffied aid workers were allegedly targeted by Israeli Defence
Forces either while taking shelter in their homes, or when trying to provide ffirst medical aid to
injured victims hors de combat. OEe Special Rapporteur also received reports of civilians,
including children, shot in the streets by snipers or shot from helicopters although they were
trying to replenish vital food and supplies, and despite the fact that the curfew was offcially
liified. Another worrying practice is the demolition by bulldozers of family dwellings in
so-called pre-emptive” strikes by Israeli forces, regardless of warnings by residents to wait until
they evacuate their habitation. hi this regard, the Special Rapporteur sent several
communications to the Government of Israel where invalids, mentally impaired and disabled
persons were trapped at home and subsequently died in the rubble, despite the supplications by
family members to stop destroying their house.
28. The situation in Iraq is also of great concern to the Special Rapporteur. OEe information
received indicates reports of civilians, including children, allegedly shot inside their residence or
in their vehicle by United States soldiers in the course of their daily operations. The Special
Rapporteur was deeply disturbed by information received in May 2003 alleging that new rules
were being established according to which United States military forces in Iraq would have the
authority to shoot looters on sight.
29. In this context, the Special Rapporteur reminds all parties to an armed conflict that they
must respect the rights of the civilian population in accordance with international humanitarian
and human rights law. The Special Rapporteur also wishes to emphasize that the right to life of
civilians and persons hors de combat allows for no derogation, even in time of public emergency
or in the context of a ffight against terrorism.
E/CN. 4/2004/7
page 12
2. Deaths due to attacks or killings by security forces of the State,
or by paramiftary groups, death squads or other private forces
cooperating with or tolerated by the State
30. A cause for deepening concern for the Special Rapporteur is the increasing incidence of
large-scale extrajudicial killings carried out by 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.
31. With regard to the situation in Colombia, the Special Rapporteur has continued to
intervene in cases in which paramilitary groups, reportedly tolerated or supported by the
Government, continue to carry out large-scale extrajudicial killings of civilians. In most
instances, the paramilitary group Autodefensas Unidas de Colombia is responsible for summarily
executing ordinary citizens as well as political leaders, trade unionists or human rights defenders
whom they accuse of collaborating with guerrilla movements. In general, these killings take
place unabated and without any intervention, even in instances where army camps are reportedly
located nearby. Consequently, entire communities live in a worrying state of apprehension,
fearing an incursion of the Autodefensas Unidas de Colombia, as a result of which large portions
of the local population are sometimes forcibly displaced. OEe Special Rapporteur wishes to
reiterate her call to the Government of Colombia to take immediate steps to fulffil its international
legal obligation to protect the population in the aLected areas from more violence and suLering.
32. Although her mandate does not allow her to intervene in situations where atrocities are
committed by non-State actors, the Special Rapporteur wishes to point out that she is receiving
an increasing number of reports of violence and extrajudicial killings attributed to rebel groups,
private security forces, militia elements or other non-State actors in various regions of the world.
The issue finds mentioned in this report as it contributes to giving a broader picture of violations
to the right to life contrary to international humanitarian law. OEe Special Rapporteur wishes to
emphasize that there should not be any impunity for these crimes which constitute serious
violations of basic humanitarian and human rights principles. The Special Rapporteur reiterates
that it is the responsibility of the States to protect their citizens against the excesses of non-State
actors and to prosecute and try, in accordance with international standards, such perpetrators.
C. Deaths in custody
33. During the period under review, a very large proportion of cases the Special Rapporteur
has received relate to deaths in custody. In this regard the Special Rapporteur transmitted
allegations to the Government of the following countries: Argentina, Azerbaijan, Belgium,
China, Colombia, Egypt, Equatorial Guinea, Guinea-Bissau, Haiti, India, han, Iraq, Israel,
Kenya, Malaysia, Pakistan, Serbia and Montenegro, Sudan, Sweden, Turkmenistan, Uganda,
Uzbekistan, Viet Nam and Zimbabwe.
34. In most instances, reports indicate that these deaths occur as a result of severe
ill-treatment or neglect. When investigations are initiated, they allegedly oifien fall short of
minimum requirements or their results are reportedly suppressed. Alleged suspects held in
E/CN. 4/2004/7
page 13
pre-trial detention are tortured to death by law enforcement agents who are seeking to obtain
self-incriminating confessions. Of particular concern is a case sent to the Government of
Azerbaijan on 4 June 2003 jointly with the Special Rapporteur on the question of torture relating
to a resident of Baku who was reportedly subjected to ill-treatment by a prosecutor along with
police offcers from the 19th Nasimi district police station on 28 May 2003. OEe victim was
allegedly tortured to death in order to make him confess a crime he claimed he had not
committed.
35. Other cases indicate deaths within prison precincts either as a result of torture by
wardens, or due to negligence by prison authorities. OEe Special Rapporteur also received many
cases of death in custody alleging lack of medical attention. In this connection, the Special
Rapporteur wishes to express her particular concern over the case of Boris Shikhmuradov, the
former Minister for Foreign Affairs of Turkmenistan for whom she intervened by sending an
urgent appeal to the Government of Turkmenistan in June 2003. According to the information
received, serious fears were expressed for the safety and life of Mr. Shikhmuradov, who was
reportedly arrested in December 2002 in relation with the attempted assassination of
President Saparmurad Niazov, and held in incommunicado detention. It was alleged that since
his arrest, Mr. Shikbmuradov's health had seriously deteriorated as he was allegedly
administered psychoactive and paralytic drug injections.
36. The Special Rapporteur also sent several urgent appeals to the Government of Uzbekistan
expressing concerns for the safety of persons in detention and requesting immediate medical
attention. OEe Special Rapporteur notes with appreciation that the Government of Uzbekistan
started responding to some of her communications and hopes to receive more information
relating to earlier cases.
37. The Special Rapporteur continues to be alarmed by deaths in custody in China. Reports
describe harrowing scenes in which detainees, many of whom are followers of the Falun Gong
movement, die as a result of severe ill-treatment, neglect or medical attention. The cruelty and
brutality of these alleged acts of torture defy description. In this connection, the Special
Rapporteur wishes to reiterate her call to the Government of China, voiced in so many letters of
allegations and urgent appeals, to take immediate steps to protect the lives and integrity of its
detainees in accordance with the Standard Minimum Rules for the Treatment of Prisoners
approved by the Economic and Social Council by its resolutions 663 C (XXIV) of3l July 1957
and 2076 (LXII) of 13 May 1977.
D. Deaths due to the use of force by law enforcement off cials
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
38. During the period under review, the Special Rapporteur has received numerous accounts
of excessive use of force by the police or by army soldiers, which has led to a number of deaths
in connection with the repression of peaceful demonstrations or killings as a result of shoot-outs
with law enforcement agents. In this connection, the Special Rapporteur transmitted
communications to the Governments of the following countries: Angola, Bolivia, Brazil,
Bulgaria, Cambodia, Colombia, Gambia, Guyana, Honduras, India, Indonesia, Jamaica, Mexico,
Myanmar, Nigeria, Pakistan, Peru, Sri Lanka, Sudan, Swaziland, Thailand and Zimbabwe.
E/CN. 4/2004/7
page 14
39. The Special Rapporteur is disturbed at reports received from at least ffive countries,
namely Angola, Ethiopia, Israel, Yemen and Afghanistan, where aerial bombardment or firing
has been used to kill civilians. In this connection, the Special Rapporteur sent
on 15 December 2003 a communication to Afghanistan regarding the killing of nine children
on 7 December 2003, in Ghazni, as a result of an air strike carried out by coalition forces
allegedly targeting a Taliban leader.
40. The Special Rapporteur has also acted in a number of reported killings of villagers,
including children, by Indonesian soldiers who accused them of being members of the Free Aceh
Movement. In this connection, the Special Rapporteur drew the attention of the Government of
Indonesia to the fact that, even if this was true, this assumption did not justify the execution of
the villagers.
41. The Special Rapporteur also intervened in relation to the situation in Myanmar where
ordinary peasants, including women and children, allegedly accused of supporting Shan soldiers
are summarily executed by regular State Peace and Development Council troops in the course of
regular patrols. Reports describe harrowing scenes in which government soldiers summarily
execute or torture civilians, and gang-rape women before shooting them dead.
42. On 15 May 2003, the Special Rapporteur issued a statement expressing her deep concern
about a potentially dangerous situation developing at military-controlled farms in Okara,
Pakistan. According to the information received, a group of Rangers, a unit under the direct
control of the Pakistani military, shot at a crowd, killing one person, which was demonstrating
against the Rangers' excessive use of force on previous occasions. OEe Special Rapporteur
urged the Government of Pakistan to stop resorting to further violence and to fully investigate
the killing in order to bring its perpetrators to justice.
43. The Special Rapporteur issued a press release, jointly with the Special Rapporteur on the
question of torture, the Special Rapporteur on the promotion and protection of the right to
freedom of expression, the Special Rapporteur on the situation of human rights of indigenous
people and the Special Representative of the Secretary-General on the situation of human rights
defenders, expressing concern over allegations of excessive use of force by the Bolivian army
and the police during law enforcement operations. OEe Special Rapporteur expressed concerns
over the killing of at least 50 persons, many of them belonging to indigenous communities,
during several protests in the area of the Alto in October 2003, where demonstrators urged the
Government to abandon a project of gas selling and to approve a programme that would beneffit
the local inhabitants. In their statement, the Special Rapporteur stressed, inter alia, that it was
imperative that these cases be promptly and thoroughly investigated, so that the norms ofjustice
are observed. They also urged the Government of Bolivia to take immediate steps to ensure that
the right to life of participants to demonstrations is protected and to ensure that law enforcement
offcials engaged in those operations carry out their duties in strict compliance with human rights
standards.
44. The situation in Azerbaijan following the presidential elections of 15 October 2003, and
in particular events in Baku on the night of the polls and the day that followed, also held the
Special Rapporteur's attention. In a joint press statement with the Special Rapporteur on the
question of torture, the Special Rapporteur on the promotion and protection of the right to
freedom of expression and the Special Representative of the Secretary-General on the situation
E/CN. 4/2004/7
page 15
of human rights defenders, the Special Rapporteur expressed concern at reports alleging that
hundreds of demonstrators were harassed, attacked and arrested by security forces, who have
apparently used excessive use of force to disperse demonstrations, leading to the death of at least
one person and to many others being injured. In light of this serious situation, the Special
Rapporteurs urged the Government of Azerbaijan, inter alia, to undertake transparent and
independent investigations into each individual allegation of death in order to assess the
accountability of law enforcement and security offcials, in accordance with international
human rights standards.
45. On 12 May 2003, the Special Rapporteur transmitted a communication to the
Government of the United States of America expressing concern regarding incidents in the town
of Fajullah, west of Baghdad, during which a number of civilians were allegedly shot dead by
United States military forces during demonstrations. OEe Special Rapporteur also received
reports of new rules according to which United States forces in Iraq were given the authority to
shoot looters on sight. As reported later, similar orders to shoot on sight were given by the
Government of Bangladesh during the operation clean heart”.
E. Capital punishment
46. In its resolution 2003/53, the Commission on Human Rights requested the Special
Rapporteur to continue monitoring the implementation of existing 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.
47. The 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 oLences.
48. The Special Rapporteur takes action in cases where there is reason to believe that
international restrictions are not respected. hi such cases, the carrying out of a death sentence
may constitute a form of summary or arbitrary execution. It is worth noting that it is diffcult to
obtain accurate statistics on the death penalty as the countries which continue to carry out
executions do not make these ffigures offcial. hi this context, the Special Rapporteur transmitted
communications to the following Governments with regard to capital punishment: China,
Democratic Republic of Congo, han (Islamic Republic of), Saudi Arabia, Singapore, Sudan,
United States of America, Uzbekistan and Yemen. She also sent an urgent appeal to the
Palestinian Authority.
49. During the period under review, the Special Rapporteur transmitted a number of
communications alleging that there were reasons to believe that the restrictions on the use of the
death penalty as well as safeguards guaranteeing the right to a fair trial were not being respected.
50. The Special Rapporteur is deeply concerned that in a number of countries the death
penalty is imposed for crimes which do not fall within the category of the most serious crimes”
as stipulated in article 6, paragraph 2, of the International Covenant on Civil and Political Rights
E/CN. 4/2004/7
page 16
and paragraph 1 of the Safeguards guaranteeing protection of the rights of those facing the death
penalty. In this connection, the Special Rapporteur jointly with the Special Rapporteur on the
question of torture sent an urgent appeal to the Government of the Islamic Republic of Iran
regarding summary executions that allegedly occurred and at risk of occurring, aifier a riot started
on 9 February in a prison in Esfahan. Reports indicated that since the riot, a number of
prisoners, including Seyed Mahmoud Mirsaffian and Seyed Atta Naser Mirsaffian, were
reportedly executed although they were originally imprisoned for drug-related oLences.
51. Furthermore, on 19 September 2003, the Special Rapporteur sent an urgent appeal to the
Government of Singapore concerning the situation of Vignes s/o Mourthi, a 23-year-old
Malaysian national who was facing imminent execution. According to the information received,
Vignes s/o Mourthi was sentenced to death for drug traLicking, but a number of irregularities
during the trial proceedings were reported. In reply to the Special Rapporteur's urgent appeal in
the case of Vignes s/o Mourthi, the Government of Singapore afffirmed that the allegations of
apparent irregularities were not true and that it would continue to use the death penalty for such
crimes as serious as drug traffcking.
52. The Special Rapporteur intervened in two cases in Saudi Arabia in which the defendants
were reported to have been sentenced to death in trials falling short of international fair trial
standards. According to reports, the ffirst person accused, a citizen from the Philippines
condemned to death for bludgeoning to death the wife of her employer, did not have access to a
lawyer nor to an interpreter during the proceedings. In the second case, the defendant was
reportedly sentenced to death for murder without legal representation during a secret trial.
53. 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. In
this connection, on 20 October 2003, the Special Rapporteur sent an allegation to the
Government of the Islamic Republic of Iran regarding the case of four Iranian prisoners who
were allegedly hanged in public in diLerent locations in the city of Arak on 30 January 2003.
One of them was reportedly executed in front of the university's main entrance, allegedly to
create a climate of fear after recent demonstrations staged by Arak University students. OEe
Special Rapporteur wishes to recall that paragraph 9 of the Safeguards guaranteeing protection of
the rights of those facing the death penalty stipulates that where capital punishment occurs, it
shall be carried out so as to inflict the minimum possible suLering”.
54. The Special Rapporteur is also concerned at the situation in Uzbekistan where she
intervened on behalf of persons who had allegedly been sentenced to death aifier having been
tortured during interrogation and deprived of their right to a fair trial. OEe Special Rapporteur is
particularly disturbed by reports according to which several executions were carried out in secret
by the Government of Uzbekistan despite the intervention of the United Nations Human Rights
Committee requesting the Government to stay the executions while the case was being
considered. While the Special Rapporteur welcomes the fact that the Government has started
replying to some of her communications, she is still awaiting clarification on the
above-mentioned allegations.
55. The Special Rapporteur sent urgent appeals to the United States on behalf of four persons
who were facing execution aifier having been sentenced to death despite indications that they
E/CN. 4/2004/7
page 17
were suLering from mental illness or disability. In this regard, the Special Rapporteur wishes to
recall resolution 1989/64 of the Economic and Social Council recommending that States
strengthen the protection of the rights of those facing the death penalty by eliminating the death
penalty for persons suLering from mental retardation or extremely limited mental competence.
Moreover the safeguards guaranteeing protection of the rights of those facing the death penalty
stipulate that it should not be carried out on persons who have become insane. Lastly, the
Special Rapporteur deplores the fact that the Government of the United States has only replied
to 5 out of the 35 communications transmitted over the last two years.
56. Despite the prohibition under international law of capital punishment for juvenile
oLenders, the Special Rapporteur intervened with the Governments of Sudan and of the
Democratic Republic of Congo on behalf of individuals who were sentenced to death for crimes
committed when they were 16 years of age. In this regard, the Special Rapporteur is concerned
that at least seven children oLenders are currently under sentence of death in the Philippines
although they were reportedly under the age of 18 at the time their alleged crimes were
committed.
F. Death threats and violations of the right to life of persons carrying out
peaceful activities in defence of human rights
1. Death threats
57. The 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. The Special Rapporteur only intervenes in cases where there are reasons
to believe that Government-controlled actors are involved, or when it appears that the
government authorities have failed to provide appropriate protection. OEe targets of such death
threats are usually persons who are exercising their right to freedom of expression or who are
acting in defence of human rights.
58. In this context, the Special Rapporteur sent urgent appeals to the Governments of the
following countries, and requested the Government concerned to take necessary measures to
protect these persons' right to life: Argentina, Azerbaijan, Brazil, Colombia, Ecuador,
El Salvador, Guatemala, Haiti, Honduras, India, Jamaica, Kyrgystan, Mexico, Sri Lanka, Sudan,
Turkey and Venezuela.
59. Of particular concern to the Special Rapporteur is the situation of two human rights
defenders on behalf of whom she intervened on 2 May 2003, who were reportedly the victims of
a series of attacks aifier a formal public offcial from Baku city publicly accused the two
human rights activists of being enemies of the people during a television show on
channel ANS”. OEeir phone number was allegedly broadcast on TV and the audience was
asked to take action. It is reported that a wave of attacks against the premises of the
human rights organizations where the two activists worked took place aifier this television show
without any intervention from the police.
60. The Special Rapporteur is particularly concerned by the situation in Colombia where all
sectors of the civil society are aLected by similar death threats, including State offcials working
on human rights issues. OEe Special Rapporteur notes that certain groups are more targeted than
E/CN. 4/2004/7
page 18
others, for example, trade unionists, human rights defenders or indigenous leaders. Furthermore,
entire rural communities, composed of hundreds of individuals, are also reportedly at risk aifier
death threats are issued against them by paramilitary groups which accuse them of collaborating
with members of guerrilla groups.
2. Violations of the right to life of persons carrying out peaceful
activities in defence of human rights and freedoms,
and persons who have cooperated with representatives
of the United Nations human rights bodies
61. The Special Rapporteur has continued to receive reports of extrajudicial killings directed
against human rights activists, lawyers, community workers, teachers, journalists and other
persons engaged in activities aimed at promoting human rights or publicizing human rights
violations. During the period under review, the Special Rapporteur took action on behalf of
human rights defenders in the following countries: Colombia, C6te d'Ivoire, Democratic
Republic of Congo, Gambia, Haiti, India, Islamic Republic of han, Israel, Mexico, Myanmar,
Nigeria and Sudan.
62. In this connection, the Special Rapporteur wishes to take note of an allegation sent to the
Government of Israel relating to the case of Rachel Conic, a 23-year-old member of the
International Solidarity Movement who was reportedly killed in Jenin on 16 March 2003 while
she participated in a peaceful demonstration with other activists against the demolition of a
Palestinian building in the Rafah refugee camp. According to the information received, although
she was wearing an orange fluorescent jacket clearly labelled ISM” in order to alert the
bulldozer drivers of her presence, she was allegedly hit by an armoured Israeli army bulldozer
and reportedly died from the injuries she suLered.
63. The Special Rapporteur deeply deplores the killing of two of the witnesses she
interviewed during her mission to Brazil from 16 September to 8 October 2003 and who
provided her with valuable information pertaining to her mandate. The Special Rapporteur
expresses serious concerns over what could be considered as acts of reprisals and encourages the
Government of Brazil to take all necessary measures to protect victims and witnesses of
human rights abuses, in conformity with agreed terms of reference for fact-ffinding missions by
Special Rapporteurs.
G. Expulsion, return of persons to a country or place where their lives
are in danger (refoulement), and violations of the right to life
concerning refugees and internally displaced persons
64. The Special Rapporteur notes that extrajudicial killings in the context of migrations have
become an increasing concern. OEe issue is increasingly highlighted as people ffind it necessary
to move both inside and outside their countries, for political, economic, social or other reasons.
The Special Rapporteur wishes to recall that the right to life applies to all human beings, and that
Governments have a responsibility to protect this right in territories under their jurisdiction
regardless of the citizenship of the persons concerned. In this connection, the Special
Rapporteur, jointly with the Special Rapporteur on the question of torture, addressed urgent
E/CN. 4/2004/7
page 19
appeals to the Governments of India and of the Libyan Arab Jamahiriya regarding individuals
who were at risk of being forcibly returned to their countries of origin where they could face
torture as well as possible extrajudicial execution.
65. The Special Rapporteur is deeply concerned at reports of deliberate attacks against
refugees and internally displaced persons (IDP5). Such incidents are 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. In this regard, the Special
Rapporteur wishes to recall that the Guiding Principles on Internal Displacement is an important
document that sets out the rights and guarantees relevant to the protection of IDPs in all phases
of displacement.
H. Violations of the right to life of women
66. In the period under review, the Special Rapporteur has continued to receive reports of
so-called OEonour killings” of women. In this regard, the Special Rapporteur wishes to recall
that she is monitoring incidents of OEonour killings” where the State either approves of and
supports these acts, or extends a form of impunity to the perpetrators by inaction. In this
connection, she transmitted to the Government of Pakistan a communication relating to the
murder of some 200 victims. It is worth mentioning that, although women and girls are the main
targets of these brutal killings, men and boys - either relatives, alleged partners or considered as
accomplice” of the female victim - can sometimes be targeted by such killings. The
perpetrators of these crimes are always male family members or persons acting at their behest.
The rationale for killing is to preserve a misconceived notion of family honour” allegedly put in
jeopardy by the victim herself In the great majority of cases sent by the Special Rapporteur to
the Government of Pakistan, the information received indicates that the murderers remain
unpunished either because no complaint was ever ffiled by relatives of the victims, or because the
police investigation is allegedly ongoing without any concrete result. In some cases, it is
reported that the police refused to ffile a complaint claiming that the victims' relatives should
forgive the perpetrator who is considered to have acted in all fairness. According to the
information received, there are some cases where murderers reportedly surrender themselves to
the police with the murder weapon. Nevertheless, no action was ever taken against them.
67. Information received indicates that OEonour killings” can take many forms. OEe Special
Rapporteur submitted to the Government of Pakistan horrifying cases where women and young
girls are set ablaze, strangled, shot at, clubbed, stabbed, tortured, axed or stoned to death. OEeir
bodies are found mutilated with their throat slit, or they are chopped into pieces and thrown in a
ditch. OEe Special Rapporteur was particularly disturbed by the case of a 16-year-old girl who
was reportedly electrocuted to death aifier being drugged with sleeping pills and being tied to a
wooden bed with iron chains by members of the Rajput Toors, a powerful community in
Duniyapur, allegedly for having married outside her community.
68. In November 2003, the President of Pakistan ordered an investigation into the murder of
a young woman, Afsheen Musarat. Her body was exhumed aifier local human rights groups
alleged that she was murdered for refusing to marry a cousin and eloped with another relative.
E/CN. 4/2004/7
page 20
The post-mortem indicated that she was strangled and the perpetrators were arrested. While the
Special Rapporteur welcomes this step, she urges the Government to amend the law and to take
steps which will bring about institutional reforms. Action in 1 case out of over 200 remains at
best symbolic.
69. In this regard, the Special Rapporteur wishes to remind that Governments are obliged to
protect the right to every individual to life, liberty and security by law and to adopt all
appropriate measures, including legislation, to modify and abolish existing law regulations,
customs and practices that are in violation of the human rights of women. She further refers to
article 2 of the Convention on the Elimination of All Forms of Discrimination against Women,
which makes it obligatory for State 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. State 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 [ .1 to modify or abolish [ .1 customs and practices which
constitute discrimination against women”.
70. The Special Rapporteur welcomes the decision by the Shariah Court of Appeal of
Katsina State, in northern Nigeria, to quash Amina Lawal's sentence to death by stoning handed
down on 22 March 2002. OEe Special Rapporteur, jointly with the Special Rapporteur on the
question of torture, the Special Rapporteur on violence against women and the Special
Rapporteur on the independence of judges and lawyers intervened twice in this case in 2002.
According to the information received, under new Shariah penal legislations in force in several
northern Nigerian States since 1999, Amina Lawal was found guilty of adultery aifier bearing a
child outside marriage, a charge which carries the mandatory punishment of death by stoning.
While Amina Lawal's conviction was quashed, the Special Rapporteur regrets that another
similar case in still pending in another Shariah court of appeal in Minna, Niger State. OEe
Special Rapporteur will continue to follow the developments in this case.
71. Another issue of concern is the case of Afsnaneh Nozouri for whom the Special
Rapporteur intervened by sending an urgent appeal to the Government of the Islamic Republic of
Iran on 30 September 2003. According to the information received, Ms. Nozouri was sentenced
to death for having stabbed to death the head of police intelligence in Kish, southern han. She
allegedly acted in self-defence in order to prevent being raped, thereby meeting the conditions
laid in article 61 of the Islamic Criminal Code, which stops prosecution and punishment if a
person acts in self-defence to defend one's life, honour or chastity. Under the existing Islamic
statute, it is reported that had she not defended herself from being raped, she would have most
likely been accused and tried for adultery and faced death by stoning. The Special Rapporteur
welcomes the initial response from the Government of the Islamic Republic of Iran reporting that
the head of the judiciary ordered that the implementation of the sentence be postponed for further
consideration, and is awaiting more information regarding this case.
E/CN. 4/2004/7
page 21
I. Violations of the right to life of children
72. During the period under review, the Special Rapporteur transmitted communications on
behalf of minors to the Governments of Indonesia, the Islamic Republic of Iran and Israel
expressing concerns over deliberate attacks by armed forces against unarmed children.
73. The Special Rapporteur has continued to receive reports of extrajudicial killings of
children dwelling in disadvantaged communities in Brazil, Guatemala, Honduras and Jamaica.
While the problem is not exclusive to these countries, it appears that minors in some developing
countries are becoming the targets of extrajudicial killings by vigilante groups of oifien oL-duty
law enforcement agents as they are usually stigmatized and considered as being socially
undesirable.
J. Violations of the right to life of persons belonging to national,
etimic, religious or linguistic minorities
74. The Special Rapporteur acted on behalf of a variety of persons belonging to national,
ethnic, religious and/or linguistic minorities in their respective countries. Communications were
sent to the Governments of Bolivia, Brazil, China, Colombia, Honduras, India, Ukraine and
Viet Nam.
75. A cause for continuing concern is the situation of indigenous communities in various
parts of Latin America. While on mission in Brazil, the Special Rapporteur also heard
testimonies of killings and threats directed against indigenous leaders and members of their
community. She will present her ffindings from this mission in a separate report to the
Commission (E/CN.4/2004/7/Add.3).
76. The Special Rapporteur is increasingly concerned about the situation of the Falun Gong
in China, who are allegedly detained solely for belonging to this movement and are victims of
severe ill-treatment or extrajudicial executions while in custody.
K. Impunity, compensation and the rights of victims
77. For a more detailed discussion regarding the issue of impunity, compensation and the
right of victims, the Special Rapporteur refers to her earlier reports, in which she addressed these
questions at length (e.g. E/CN.4/2000/3, sect. V.E, and E/CN.4/2001/9, sect. V.C).
78. It is a cause of great concern that in some countries impunity for serious human rights
violations, including extrajudicial killings, has become systematic and institutionalized. This is
particularly the case when impunity is the direct product of amnesty laws passed in the interest
of national reconciliation, explicitly exempting public oLicials, parliamentarians, paramilitary
groups tolerated by the State, or certain categories of State agents from accountability or
prosecution for grave human rights abuses.
79. During the period under review, the Special Rapporteur, jointly with the Special
Rapporteur on the question of torture, transmitted an urgent appeal to the Government of
Bangladesh concerning a Joint Drive Indemnity Ordinance 2003”, which was to be approved by
the Parliament in the form of a bill on 26 January 2003. OEis ordinance was reported to give
immunity from prosecution to armed forces and government off cials for their involvement in
E/CN. 4/2004/7
page 22
any casualty, damage to life and property, violation of rights, physical or mental damage”
which reportedly took place during a crackdown on crime, known as Operation Clean Heart”
between 16 October 2001 and 9 January 2002. It was further reported that at least 40 people
died as a result of alleged torture in army custody aifier arrest. Further information indicated that
if the Parliament did not pass the bill within 30 days, the ordinance would be automatically
repealed. The Special Rapporteur regrets that she did not receive a reply on this particular issue
from the Government of Bangladesh.
80. On 29 July 2003, the Special Rapporteur, jointly with the Special Rapporteur on the
promotion of the right to freedom of opinion and expression and the Special Rapporteur on the
question of torture, transmitted a communication to the Government of Gambia in connection
with information received according to which at least 14 people, including minors as well as a
Gambia Red Cross volunteer wearing a Red Cross insignia, had been killed, and dozens
injured, some severely, by security forces. They allegedly made excessive and indiscriminate
use of force to break up demonstrations organized by the Gambian Students Union held
on 10 and 11 April 2000 in Banjul, Brikama and other towns. These demonstrations were
allegedly held in protest against the death of Ebrima Barry, a student allegedly tortured to death
by members of the Brikama Fire Service and the rape of a 13-year-old schoolgirl by a police
offcer. Although reports of a Governmental Commission of Inquiry and of the coroner's off cc
allegedly conffirmed that security forces off cers were responsible for the casualties, the Special
Rapporteur is concerned that Government off cials reportedly stated on 6 January 2001 that in
the spirit of reconciliation, no one would be prosecuted.
81. Another cause of concern is the situation in Colombia where a deeply entrenched culture
of impunity reigns in the country. OEe Special Rapporteur is concerned about the
presentation by the President of Colombia, Alvaro Uribe, on 21 August 2003, of an amnesty bill
in congress. According to the information received, this bill comes aifier the signing of an
agreement on 15 July signed in Santa Fe de Ralito with Colombia's largest paramilitary group,
the United Self-Defense Forces of Colombia ( Autodefensas Unidas de Colombia , AUC)
which agreed to demobilize a reported 13,000 paramilitary ffighters as well as their leaders
by 31 December 2005. Under this amnesty law, paramilitaries accused of serious human rights
violations would reportedly stand trial. Nevertheless, it is alleged that the accused would not
face prison sentences. The bill would empower the president to suspend the sentence of the
paramilitaries even aifier conviction. In return, the convict would agree to some restrictions on
personal liberty, including remaining in Colombia and not holding or running for public oLice.
Most importantly however, individuals convicted of serious human rights crimes would be
allowed to pay an amount of money or transfer other assets to victims of atrocities or into a
Government fund for victims in return for spending no time in jail. It is further reported that
there are no provisions in the bill to ensure impartial investigations or serious prosecutions.
Reports also indicate that there are allegedly no mechanisms to allow victims of atrocities to
appeal the president's decision while designating those who qualify for release from any
sentence.
E/CN. 4/2004/7
page 23
82. In this connection, the 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 off cials 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.
83. Furthermore, the Special Rapporteur wishes to recall 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, reaLirmed 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. OEis 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.
IV. FOLLOW-UP TO RECOMMENDATIONS
84. In its resolution 2002/36, the Commission on Human Rights requested the Special
Rapporteur to follow up on recommendations made in her reports aifier visits to particular
countries. Consistent and adequate follow-up to recommendations is indeed a crucial element in
the discharge of the Special Rapporteur's mandate. Some selected recommendations are
followed and the Special Rapporteur keeps herself informed of the developments in the countries
she visited.
85. From 13 to 23 October the Special Rapporteur visited Afghanistan. In her report the
Special Rapporteur had recommended that a mapping exercise should be carried out to take
stock of the grave human rights violations committed in the past (see report
E/CN.4/2003/3/Add.4, paragraph 77). OEis recommendation was brought to the attention of the
High Commissioner, who is taking some initial steps at stepping up a panel of experts to
undertake this exercise.
86. The Special Rapporteur visited Nepal from S to 14 February 2000. She continues to be
extremely concerned about the situation especially aifier the ceaseffire declared by the Maoists has
ended. OEis year she has sent a number of urgent appeals to the Government and notes that
incidents of extrajudicial executions are increasing.
V. CONCLUDING REMARKS AND RECOMMENDATIONS
87. This report will be the last report of the Special Rapporteur to the Commission. She
would like to express her deep appreciation to Governments who cooperated with her by
replying to her communications and extending invitations for visits.
88. Her two terms in the discharge of her mandate have been rewarding but sometimes also
trying. There were occasions when timely action by her saved lives and she ffinds that there is a
growing awareness in civil society of the work of the Special Rapporteurs.
E/CN. 4/2004/7
page 24
89. The Special Rapporteur had the opportunity to witness some remarkable acts of courage
of ordinary people and saw the extraordinary work of a number of NGOs working for the
protection and promotion of human rights. She nevertheless remains concerned as the overall
situation relating to her mandate has by no means improved. In the last 11 months she has
noticed a trend where excessive use of force is being used by Governments on the justiffication of
defending the security” of the country. OEere are a number of reports of the use of aerial
bombardments or target shooting” by security forces.
90. There are increasing reports of alleged extrajudicial killings of persons who form
associations and are active in demanding economic rights.
91. The bulk of the reports received or information collected by the Special Rapporteur
present a pattern. A number of reports of alleged extrajudicial or summary executions are
received from countries where there is an ongoing armed conflict or is a recent post-conflict
situation. Similar reports are received from countries with authoritarian regimes and during the
transition from dictatorships to democracy.
92. The Special Rapporteur has also noticed that extrajudicial or summary executions are
also carried out with impunity in countries where governance is weak combined with a high rate
of crime or where corruption is rampant. OEere is also a direct link between impunity and the
lack of independence of the judicial system of a country.
93. The information that the Special Rapporteur receives presents some patterns.
Extrajudicial, summary or arbitrary executions are carried out mainly:
— in conflict and post-conflict situations;
— under authoritarian regimes;
— in transition from dictatorship to democracy;
— where there are serious lapses in governance, particularly in countries with a high
crime rate;
— rampant corruption in government institutions; and
— in countries with weak and ineffcient judicial systems that lack independence.
94. There are increasing reports of alleged extrajudicial killings of persons who form
associations and are active in demanding their economic rights.
95. The Special Rapporteur was pleased that over the past six years there has been a
virtual consensus that the death penalty should not be applied to children who were under the age
of 18 years at the time of commission of the oLence. This year she was pleased to report that the
death penalty was not implemented on children. She hopes that the sentences awarded in the
three countries mentioned in her report will not be implemented.
E/CN. 4/2004/7
page 25
Recommendations
96. The recommendations in the Special Rapporteur's previous report (EICN.41200313)
should be considered and be read as part of the present report. In addition the Special
Rapporteur wishes to present the foftowing recommendations:
1. The United Nations is urged to strengthen early-warning mechanisms so that
acts of genocide and crimes against humanity can be avoided;
2. Governments must not resort to aerial bombing, use of snipers or
pre-emptive strikes. The international community should take note of this growing
tendency to use excessive force;
3. All orders to shoot on sight” must only be given as a measure of very last
resort to protect lives. Governments should review their policies and withdraw aft
general orders to security forces to shoot on sight”;
4. Aft deaths in custody should be thoroughly investigated including carrying
out of a post-mortem. Family members of the deceased must be immediately
informed and they should be present to inspect the dead body before burial;
5. Law enforcement offficials should receive in-depth training on human rights.
They should be exposed to case studies and local human rights groups should be
associated in preparing the training manuals and materials;
6. Governments should respect the people's right to freedom of association and
expression. Force should not be used to silence those who raise their voices against
the arbitrary use of power by Governments;
7. Governments should maintain a data bank with precise information on
reports of extrajudicial killings. It should include the conclusion drawn in each case
and the proffe of the victim or deceased. These statistics should be made available
to the public;
8. The main reason for the perpetuation of the practice of honour” killings is
the lack of political wift 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 discriminatory treatment under the law and to sensitize their
judiciary to gender issues. Those threatening the life of a female victim should be
brought to justice. Correctional and custody homes run by Governments should not
be permitted to detain forcibly women whose lives are at risk. Prisons should never
be used to detain potential victims of honour killings;
E/CN. 4/2004/7
page 26
9. The Special Rapporteur notes that the safeguards and guarantees for the
protection of those facing capital punishment are not being fofrowed in a large
number of cases brought to her attention. She is also concerned at the lack of
transparency and information on capital punishment and execution of death
sentences. She, therefore, cails upon aft retentionist Governments to impose a
moratorium on executions and set up national commissions to report on the
situation in the light of international standards and resolutions before executions
are resumed. The execution of persons who were children, under the age of 18, at
the time of the crime should be completely abolished.
