United Nations
O General Assembly Distr.: General
11 August 2000
Original: English
Fifty-fifth session
Item 116 (b) of the provisional agenda*
fruman rights questions: human rights questions, including
alternative approaches for improving the effective
enjoyment of human rights and fundamental freedoms
Extrajudicial, sumnoery or arbitrary executions
Note by the Secretary Genera1**
The Secretary-General has the honour to transmit to the members of the
General Assembly the interim report on extrajudicial, summary or arbitrary
executions, submitted by Asma Jahangir, Special Rapporteur of the Commission on
Human Rights, in accordance with paragraph 17 of General Assembly resolution
53/147 of 9 December 1998.
* A/55/150.
** In accordance with General Assembly resolution 54/248, sect. C, para. 1, this report is being
submitted on 11 August 2000 so as to include as much updated information as possible.
00-60481 (E) 031000
AJ55/288
Interim report of the Special Rapporteur of the Commission on
Human Rights on extrajudicial, summary or arbitrary executions
I. Introduction
1. At its fifty-first session, the General Assembly, in
its resolution 51/92, requested the Special Rapporteur
on extrajudicial, summary or arbitrary executions to
submit an interim report to it at its fifty-third session.
However, as Ms. Jahangir was appointed Special
Rapporteur only in August 1998, she was unfortunately
not in a position to present a full report; she did,
however, make an oral presentation to the General
Assembly at its fifty-third session. The present report is
submitted pursuant to Assembly resolution 53/147 of
9 December 1998.
2. The report covers activities undertaken from the
appointment of the Special Rapporteur to 1 July 2000
and focuses on a number of issues which are of
particular concern, and which in the Special
Rapporteur's view require special and urgent attention.
Owing to the limited space available, and in order to
avoid unnecessary duplication, when appropriate
reference will be made to earlier reports of the Special
Rapporteur where more detailed discussions on the
issues raised can be found. The Special Rapporteur
regrets that during the drafting process the report had
to be significantly shortened owing to last-minute
changes in the instructions regarding the submission of
documents to the fifty-fifth session of the Assembly.
She apologizes for any possible omissions or
inaccuracies in this report which may have resulted
from this unforeseen development.
II. Mandate
A. Terms of reference
3. At its fifty-fourth session, the Commission on
Human Rights, by its resolution 1998/68, renewed the
Special Rapporteur's mandate for another three-year
term. During its fifty-fifth and fiifiy-sixth sessions the
Commission adopted resolutions 1999/35 and 2000/31,
respectively. For a more detailed presentation of the
terms of reference of the Special Rapporteur's
mandate, reference is made to her reports to the
Commission (E/CN.4/1999/39, paras. 4-5;
E/CN.4/2000/3, paras. 4-5).
B. Violations of the right to life upon
which the Special Rapporteur takes
action
4. For a more detailed discussion of the situations in
which the Special Rapporteur has acted during the
present reporting period, reference is made to her
reports to the Commission (E/CN.4/1999/39, para. 6;
E/CN.4/2000/3, para. 6).
C. Legal framework
5. For an overview of the international standards by
which the Special Rapporteur is guided in her work,
reference is made 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, Bacre Waly Ndiaye, which are described in
his report to the Commission at its fiftieth session
(E/CN.4/1994/7, paras. 13-67), as well as his
subsequent reports to the Commission
(E/CN.4/1 995/61, paras. 9-11; E/CN.4/1 996/4, paras.
11-12).
III. Activities
A. General remarks
6. The Special Rapporteur attaches great importance
to cooperation and coordination with other human
rights mechanisms of the Commission on Human
Rights and has on numerous occasions taken joint
action, including joint urgent appeals with other special
rapporteurs and representatives. She welcomes the
ongoing efforts at the Office of the United Nations
High Commissioner for Human Rights further to
coordinate the information flow and activities between
the various components of the United Nations human
rights programme, including the special procedures,
treaty monitoring bodies, technical cooperation
programmes and field presences. The Special
Rapporteur would also like to express her appreciation
for the support she has received from the High
2
AJ55/288
Commissioner, who has shown a personal interest in
the mandate and a genuine understanding for the
challenges it faces.
B. Communications
7. In the discharge of her mandate, the Special
Rapporteur relies to a large extent on information
brought to her attention by non-governmental
organizations (NGOs), Governments, individuals and
intergovernmental organizations. The communications
sent based on this information contain specific cases of
alleged extrajudicial, summary or arbitrary executions,
imminent executions of death sentences, death threats,
or more general information on questions relating to
the right to life. The Special Rapporteur wishes to
emphasize that the communications presented in the
paragraphs below are based exclusively on allegations
and reports brought to her attention. Therefore, they
should only be seen as approximately indicative of the
occurrence of violations of the right to life in the
countries under consideration. During field visits the
Special Rapporteur noted that representatives of civil
society in a number of countries, including journalists
and lawyers, were not aware of the human rights
mechanisms of the United Nations. She therefore
recognizes that information received by her is
sometimes limited, selective, and may not reflect all
dimensions of violations of the right to life. The
Special Rapporteur is also acutely aware that the
figures presented below do not in any way reflect the
tragedy and suffering of the victims of these violations
or their families. However, some patterns and trends do
emerge when studying the information received.
8. During the period August 1998-July 2000, the
Special Rapporteur transmitted urgent appeals on
behalf of more than 400 persons to the Governments of
the following 54 countries: Argentina (2), Bahamas (3),
Bolivia (1), Bosnia and Herzegovina (1), Botswana (1),
Brazil (8), Burkina Faso (1), Burundi (1), Chile (3),
China (9), Colombia (46), Cuba (1), Democratic
Republic of the Congo (1), Dominican Republic (1),
Ecuador (3), El Salvador (1), Egypt (1), Equatorial
Guinea (1), Gambia (1), Germany (1), Guatemala (3),
Guyana (1), Haiti (1), Honduras (3), India (2),
Indonesia (9), Iran (Islamic Republic of) (7), Iraq (1),
Jamaica (1), Kazakhstan (1), Mexico (8), Nepal (1),
Nicaragua (1), Pakistan (3), Peru (4), Philippines (7),
Russian Federation (2), South Africa (1), Sierra Leone
(2), Sri Lanka (3), Sudan (2), Tajikistan (2), Trinidad
and Tobago (3), Turkey (6), Uganda (1), United Arab
Emirates (1), United Kingdom of Great Britain and
Northern Ireland (1), United States of America (21),
Uzbekistan (1), Venezuela (3), Yemen (2), Yugoslavia
(2), Zambia (1) and Zimbabwe (1). She also sent two
urgent appeals to the Palestinian Authority. Among the
urgent appeals sent by the Special Rapporteur 36 were
transmitted jointly with other mechanisms of the
Commission on Human Rights: 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.
9. In addition, the Special Rapporteur transmitted
allegations regarding violations of the right to life of
more than 1,650 individuals to the Governments of the
following 62 countries: Albania, Algeria, Angola,
Austria, Azerbaij an, Bahrain, Bangladesh, Belgium,
Bhutan, Bolivia, Brazil, Bulgaria, Burundi, Cameroon,
Chile, China, Colombia, Cuba, Democratic Republic of
the Congo, Ethiopia, France, Guatemala, Guinea-
Bissau, Guyana, Haiti, Honduras, India, Indonesia,
Israel, Iraq, Jamaica, Japan, Liberia, Malaysia, Mexico,
Myanmar, Morocco, Nepal, Nicaragua, Nigeria,
Pakistan, Panama, Peru, Philippines, Republic of
Korea, Russian Federation, Rwanda, Saudi Arabia,
Senegal, Sierra Leone, Spain, Sri Lanka, Sudan,
Thailand, Tunisia, Turkey, United Kingdom of Great
Britain and Northern Ireland, United States of America,
Uzbekistan, Venezuela, Yugoslavia and Zambia. She
also transmitted allegations to the Palestinian Authority
and the Taliban Council.
10. During the period under review, the Governments
of the following countries provided a reply to
communications addressed to them during 1998 and
previous years: Albania, Algeria, Argentina, Armenia,
Austria, Azerbaijan, Bahamas, Bahrain, Belgium,
Bhutan, Brazil, Bulgaria, Cameroon, Chile, China,
Colombia, Democratic Republic of the Congo, Cuba,
Dominican Republic, Germany, Guatemala, Honduras,
India, Indonesia, Iran (Islamic Republic of), Iraq,
Jamaica, Kuwait, Malaysia, Mexico, Myanmar, Nepal,
Nicaragua, Pakistan, Paraguay, Peru, Philippines,
3
AJ55/288
Republic of Korea, Russian Federation, Saudi Arabia,
Senegal, Singapore, Spain, Sri Lanka, Sudan, Tunisia,
Turkey, United Arab Emirates, United States of
America, Venezuela, Yugoslavia and Zambia.
11. The Special Rapporteur wishes to take this
opportunity to express her appreciation to those
Governments which have provided comprehensive
replies to her communications for their cooperation.
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 Angola,
Bangladesh, Bolivia, Botswana, Bosnia and
Herzegovina, Burkina Faso, Burundi, Ecuador, El
Salvador, Guinea-Bissau, Haiti, Israel, Rwanda, Sierra
Leone, South Africa, Tajikistan, Thailand, Trinidad and
Tobago, Uganda, Uzbekistan and Yemen 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 five 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. The Governments of Rwanda
and Romania have not replied to communications in
the last three years.
C. Visits
12. Country visits and fact-finding missions in the
field are a crucial part of the Special Rapporteur's
work, as they allow her personally to gather
information on site and to form her own impressions of
the situation on the ground. The experience gained
through these visits is also important for the Special
Rapporteur in the discharge of her mandate. In the
course of the 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 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. Currently, the
Special Rapporteur has requests pending with the
Governments of Algeria, Sierra Leone, Bahrain,
Uganda and the Russian Federation (Chechnya).
13. Since her appointment the Special Rapporteur has
undertaken four country visits. She conducted her first
mission to the former Yugoslav Republic of Macedonia
from 23 to 25 May and to Albania from 25 to
28 May 1999. 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
Organization against the Federal Republic of
Yugoslavia were still going on. The Special
Rapporteur's observations during this mission can be
found in her report to the Commission on Human
Rights (E/CN.4/2000/3/Add.2). The Special Rapporteur
is planning to carry out a follow-up visit to Kosovo in
September 2000.
14. The Special Rapporteur visited Mexico from 12
to 24 July 1999. The 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. The Special Rapporteur's observations are
presented in her mission report
(E/CN. 4/2000/3/Add. 3).
15. 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. The 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 human rights situation in East Timor. The findings
of the Special Rapporteurs are presented in their joint
mission report submitted to the General Assembly
(A/54/660).
16. The Special Rapporteur visited Nepal from 5 to
14 February 2000. The visit was mainly prompted by
continuing reports of alleged extrajudicial killings of
unarmed civilians in the context of the confrontation
between armed groups of the Communist Party of
Nepal, CPN (Maoist) and the Nepalese police.
Concerns had also been expressed that the situation had
the potential to deteriorate, leading to more violence
and loss of life. The Special Rapporteur will report on
her findings to the Commission at its fifty-seventh
session.
4
AJ55/288
17. At its fifty-fifth session the Commission, in its
resolution 1999/56 on the situation of human rights in
the Democratic Republic of the Congo, 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
after the signing of a ceasefire agreement or as soon as
security considerations permitted, and where
appropriate, a joint mission to investigate all massacres
carried out in the country with a view to bringing to
justice those responsible. The Special Rapporteur
regrets that so far the conditions on the ground have
not allowed the mechanisms concerned to carry out the
mission called for by the Commission.
18. In this connection, the Special Rapporteur further
wishes to recall Commission resolution 2000/58 of
25 April 2000, in which the Commission requested
several of the thematic mechanisms, including the
Special Rapporteur on extrajudicial, summary or
arbitrary executions, to conduct missions to Checlmya.
It may be noted that the Special Rapporteur had
requested an invitation to visit Checlmya in March
2000, but at the time of writing, the Government had
not replied.
11/. Situations involving violations of
the right to life
1 9. During the period under review, the Special
Rapporteur transmitted communications to
Governments or took other forms of action in relation
to the following situations involving violations of the
right to life: (a) capital punishment; (b) death threats;
(c) deaths in custody; (d) deaths due to excessive use of
force by law enforcement officials; (e) deaths due to
attacks or killings by security forces; (f) extrajudicial
killings attributed to paramilitary groups or private
forces cooperating or tolerated by the State;
(g) violations of the right to life during armed
conflicts; (h) expulsion, refoulement or return of
persons to a country or place where their lives are in
danger; (i) genocide; and (j) issues relating to the rights
of victims. Detailed accounts of correspondence and
action taken by the Special Rapporteur in regard to
these issues can be found in her reports to the
Commission on Human Rights (E/CN.4/1999/39, paras.
16-33; E/CN.4/2000/3, paras. 21-34).
20. Information brought to the Special Rapporteur's
attention during the period under review reveals certain
trends and developments which she wishes to bring to
the attention of the General Assembly. As regards
death threats, the Special Rapporteur is increasingly
concerned about the situation in Colombia, where
human rights activists, community leaders, trade
unionists and journalists continue to be particularly
exposed. A growing number of allegations of death
threats have also been received from Brazil, where
indigenous groups, such as the Macuxi and Wapixana
communities, human rights defenders and community
leaders have reportedly been exposed to these abuses.
21. The Special Rapporteur is concerned that in many
countries the police and security forces continue to
commit grave human rights abuses, including
extrajudicial executions, in a climate of impunity.
Throughout the reporting period the Special Rapporteur
has on repeated occasions expressed her deep concern
at the abuse of force by both the Indonesian police and
army while performing law enforcement duties in
various locations including Jakarta, East Timor and
Aceh. In 1998, the Special Rapporteur also sent several
communications 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. The Special Rapporteur is also alarmed by
continuing reports of Israeli soldiers having
deliberately opened fire against unarmed civilians.
22. The Special Rapporteur is deeply disturbed by the
increasing number of civilians, including many women
and children, as well as persons hors de combat, killed
in situations of armed conflict and internal strife as a
result of deliberate attacks, the use of indiscriminate or
disproportionate force, the utilization of anti-personnel
mines, or the blockage of goods and services, including
humanitarian aid. Particularly alarming reports have
been received from the Democratic Republic of the
Congo, the Russian Federation (Checlmya), the Federal
Republic of Yugoslavia (Kosovo), Sri Lanka and
Myanmar.
5
AJ55/288
V. Issues requiring the attention of the
Special Rapporteur
A. Violations of the right to life of women
23. During the period under review, the Special
Rapporteur transmitted urgent appeals on behalf of
women to the Governments of Chile, China, Colombia,
the Dominican Republic, Guatemala, Honduras, India,
Indonesia, Mexico, Myanmar, Nepal, Nicaragua,
Pakistan, Peru, South Africa, Trinidad and Tobago,
Turkey and the United Kingdom. In addition, the
Special Rapporteur transmitted allegations of
violations of the right to life of women said to have
occurred in Bangladesh, Belgium, Chile, China,
Colombia, the Democratic Republic of the Congo,
India, Indonesia, Israel, Liberia, Myanmar, Pakistan,
the Philippines, the Russian Federation, Rwanda, Sri
Lanka and the Sudan. The Special Rapporteur is deeply
disturbed by increasing reports of women being
deliberately targeted and exposed to extreme violence,
including extrajudicial killings, in the context of war or
internal conflict. Particularly serious incidents have
been reported from conflict areas in, inter alia, Kosovo,
East Timor, the Democratic Republic of the Congo,
Sierra Leone, Sri Lanka and Myanmar.
B. Violations of the right to life of minors:
children in armed conflict
24. Since her appointment, the Special Rapporteur
has on numerous occasions expressed her strong and
categorical opposition to the use of children in armed
activities. For a more detailed discussion and analysis
of the issue, reference is made to the Special
Rapporteur's reports to the Commission on Human
Rights (E/CN.4/1 999/39, paras. 71-73; E/CN.4/2000/3,
paras. 37-42). While on mission in Nepal in February
2000 (see para. 16 above), the Special Rapporteur
received reports of the use of children in armed
activities by groups of the Communist Party of Nepal,
CPN (Maoist). The Special Rapporteur is concerned
that children are being enlisted by militant non-State
actors to engage in violence and be indoctrinated to use
violence against perceived enemies”. In many cases
Governments either look away or react only once the
problem gets out of hand. Neglect of child citizens,
especially in conflict situations, is one root cause of
this form of exploitation of children, which exposes
them to extreme danger and often marks their lives
forever.
25. The Special Rapporteur is alarmed by continuing
and increasing reports of extrajudicial killings of street
children and juveniles in Honduras. She has received
information alleging that more than 300 children and
youths have been murdered in Honduras since 1998.
More than half of the victims were reportedly under the
age of 18. There are concerns that the authorities have
not taken prompt and effective action to investigate
these killings or prevent further killings. The Special
Rapporteur intends to follow this situation very closely
in the months to come and to return to the issue in her
coming reports to the Commission on Human Rights.
C. Violations of the right to life
conceriiing refugees and internally
displaced persons
26. During the period under review, the Special
Rapporteur has continued to receive disturbing reports
of deliberate attacks against refugees and internally
displaced persons, particularly in the context of
internal conflict and unrest. It appears that in many
instances the direct and deliberate targeting of
civilians, including the internally displaced, has
become part of the tactics employed by parties
involved in armed conflict. Particularly disturbing
reports have been received from conflict areas such as
Kosovo, Colombia, the Democratic Republic of the
Congo, East Timor, Myanmar and Sri Lanka.
D. Violations of the right to life of persons
exercising their right to freedom of
opiiiion and expression
27. During the present reporting period, the Special
Rapporteur sent urgent appeals or communications
regarding violations of the right to life of persons
exercising their right to freedom of expression, mostly
journalists and participants in demonstrations, in the
following countries: Bhutan, Bosnia and Herzegovina,
Chile, China, Colombia, Ecuador, El Salvador, India,
Indonesia, Iran (Islamic Republic oD, Iraq, Mexico,
Myanmar, Nepal, Nicaragua, Pakistan, Panama,
Russian Federation, Senegal, Sri Lanka, Sudan,
Tunisia, Turkey, Turkmenistan and Yugoslavia. In
addition, the Special Rapporteur sent several appeals of
6
AJ55/288
a general nature to the Government of Indonesia
expressing concern over the security of participants in
demonstrations and other political manifestations in all
parts of the country. Most of these interventions were
made jointly with the Special Rapporteur on freedom
of opinion and expression.
E. The right to life and the administration
of justice
28. The Special Rapporteur took action on behalf of
persons involved in or related to the administration of
justice in the following countries: Brazil, Colombia,
Costa Rica, Dominican Republic, Guatemala, Mexico,
Peru, Philippines, South Africa, Venezuela and the
United Kingdom. The Special Rapporteur further sent
one joint appeal with the Special Rapporteur on the
independence on 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 O9alan. 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.
F. Violations of the right to life of persons
belonging to national, ethnic, religious
or linguistic minorities
29. The Special Rapporteur acted on behalf of a
variety of persons considered to belong to national,
ethnic, religious and/or linguistic minorities in their
respective countries. Urgent actions were sent to the
Governments of the following countries: Brazil, Chile,
China, Colombia, Democratic Republic of the Congo,
Guatemala, Honduras, Indonesia, Iran (Islamic
Republic of), Iraq, Mexico, Myanmar, Nepal, Sri Lanka
and Yugoslavia. One urgent action was also sent to the
Taliban Council. The 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 the Xinjiang
Autonomous Region of China. She is also concerned
that members of indigenous communities in the above-
mentioned Latin American countries continue to be
exposed to violence and attacks, including extrajudicial
killings.
G. Violations of the right to life of
individuals who have cooperated with
representatives of United Nations
human rights bodies (reprisals)
30. During the period under review, the Special
Rapporteur intervened on behalf of this category of
person in Indonesia, Mexico and Peru. A more detailed
description of the communications can be found in the
Special Rapporteur's reports to the Commission on
Human Rights (E/CN.4/1999/39, para. 49;
E/CN.4/2000/3, paras. 52-53). For a more general
analysis of this issue, reference is made to the report of
the Secretary-General (E/CN.4/2000/101) submitted in
accordance with Commission resolution 1999/16.
H. Violations of the right to life of
members of sexual minorities
31. During the present reporting period, the Special
Rapporteur received serious allegations of death threats
or extrajudicial killings targeting members of sexual
minorities. Her attention has been drawn especially to
the situations in Brazil, El Salvador, Romania and
Mexico where homosexual men, bisexuals and
transvestites are reported to have been targeted. The
Special Rapporteur is deeply concerned that in some
countries homosexual relationships are still punishable
by death. For a more detailed discussion of this issue,
reference is made to the Special Rapporteur's reports to
the Commission (E/CN.4/1999/39, paras. 76-77;
E/CN.4/2000/3, paras. 54 -57).
VI. Issues of special concern to the
Special Rapporteur
A. Capital punishment
32. The Special Rapporteur's action in response to
allegations of the right to life in connection with
capital punishment is strongly guided by the principle
of desirability of the abolition of the death penalty. The
right to life is a basic right which is universal and
absolute. While capital punishment has not yet been
universally abolished under international law, its
application has been tied to certain preconditions and
restrictions. Various provisions of international law and
resolutions of the United Nations stipulate that capital
7
AJ55/288
punishment shall only be allowed as an extreme
measure for the most serious crimes and only in cases
where the highest standards of fair trial are observed.
Under international law capital punishment shall not be
applied to juvenile offenders, expectant or recent
mothers, and those suffering from mental handicap or
extremely limited mental capacity. The Special
Rapporteur has discussed these aspects of her mandate
at length in her latest report to the Commission on
Human Rights (E/CN.4/2000/3, chap. V . sect. A). She
hopes that similar protection would also be extended to
elderly persons, pending a total abolition of the death
penalty. The Special Rapporteur notes with
appreciation that the Statute of the International
Criminal Court and the International Tribunals for the
former Yugoslavia and Rwanda are not authorized to
impose the death penalty The Special Rapporteur
hopes that this will inspire domestic jurisdictions to
bring their laws regarding the death penalty into line
with those used in international judicial forums.
33. The Special Rapporteur is concerned that in many
instances legal proceedings in relation to capital
offences do not conform to the highest standards of
impartiality, competence, objectivity and independence
of the judiciary, in accordance with the pertinent
international legal instruments. In this regard, she
wishes to compliment George Ryan, Governor of
Illinois, United States of America, for his moral
courage in deciding to impose a moratorium on
executions in the State of Illinois upon disclosure of
possible flaws in the trial system. The Special
Rapporteur encourages all retentionist States to impose
a moratorium on executions pending an exhaustive
enquiry regarding the capacity and independence of
their legal systems.
34. 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 6, of the International Covenant on
Civil and Political Rights. 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 offences,
actions relating to prevailing moral values, or activities
of a religious or political nature including acts of
treason, espionage or other vaguely defined acts
usually described as crimes against the State”. The
Special Rapporteur further believes that the death
penalty should under no circumstances be mandatory,
regardless of the charges involved. The Special
Rapporteur has been informed that the United Arab
Emirates has passed a federal environmental protection
law which, among other punishments, provides for the
death penalty for those who import any baimed
materials or nuclear waste and dump or store such
materials in any form inside the country.
35. Capital punishment for juvenile offenders is
prohibited under international law. In her last report to
the Commission on Human Rights (E/CN.4/2000/3),
the Special Rapporteur noted that since 1990, six
countries were reported to have executed persons who
were under the age of 18 at the time of the crime: the
Islamic Republic of Iran, Nigeria, Pakistan, Saudi
Arabia, Yemen and the United States of America. After
the publication of that report, the Special Rapporteur
wrote to these Governments requesting information
about their current laws and practice in regard to the
use of the death penalty for juvenile offenders. At the
time of writing she had received no reply to these
requests. However, she is pleased to note that Pakistan
has promulgated a law which abolishes capital
punishment for juvenile offenders who were under 18
years of age at the time the crime was committed.
36. In July 1999, the Special Rapporteur sent a
questiom1aire to all States which still retain the death
penalty either in law or in practice. In the questionnaire
the States were requested to provide 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 their 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, Myanmar,
Oman, Rwanda, Sudan, Syrian Arab Republic, Trinidad
and Tobago, Ukraine and United Arab Emirates. She is
concerned that according to the government replies
received, the death penalty remains mandatory in
8
AJ55/288
Armenia, Barbados, Malaysia, Myanmar, Rwanda,
Trinidad and Tobago, and Ukraine.
B. Deaths due to attacks or killings by
security forces, paramilitary groups or
private forces cooperating with or
tolerated by the State
37. A clearly discernible trend in recent years is the
increasing incidence of large-scale extrajudicial
killings carried out by government security forces or
armed groups reported to be sponsored, supported or
tolerated by Governments. The Special Rapporteur
transmitted allegations on behalf of more than 1,250
individuals killed by security forces, paramilitary
groups or private forces to the Governments of Angola,
Brazil, Burundi, Colombia, the Democratic Republic of
the Congo, the Gambia, Honduras, India, Indonesia,
Mexico, Myanmar, the Russian Federation, Senegal,
Sierra Leone, Sri Lanka and Yugoslavia.
38. Grave human rights violations committed by such
forces are 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 unofficial use of irregular forces appears
to have become part of government policies and
counterinsurgency campaigns. That these groups are
usually supported or directed by the military or civilian
intelligence services further obscures their operations.
In many cases the situation is further exacerbated by
the fact that human rights violations perpetrated in this
context are often 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. Eventually,
in such societies the authority of the law is seriously
undermined and the respect for human life lost. During
her field missions, the Special Rapporteur has had the
opportunity personally to gather information and
evidence of such atrocities committed in East Timor
and Kosovo. A more detailed account of her findings
on this issue may be found in her mission reports
(A/54/660 and E/CN.4/2000/3/Add.2, respectively). A
cause for particular alarm is the continuing violence in
Colombia, which has resulted in a growing number of
extrajudicial killings. A large number of civilians,
including women and children, are among the victims
of these atrocities. The information received suggests
that many of these human rights violations have been
perpetrated by paramilitary groups, some of which
allegedly operate or have operated with the support of
government forces.
39. The Special Rapporteur continues to receive
reports of violence and extrajudicial killings attributed
to armed opposition groups and other non-State actors.
It should be noted that the Special Rapporteur's
mandate only allows her to take action when the
perpetrators are believed to have a direct or indirect
link with the State. She nevertheless wishes to express
her deep concern over these atrocities, which constitute
serious violations of basic humanitarian and human
rights principles. Governments engaged in operations
against armed opposition groups must ensure that their
forces act in accordance with international standards.
In this context, she wishes to recall that the Human
Rights Committee, in paragraph 1 of its general
comment No. 6 on article 6 of the International
Covenant on Civil and Political Rights, has reaffirmed
that the right to life is the supreme right from which
no derogation is permitted even in time of public
emergency which threatens the life of the nation”.
C. Killings committed in the name of
passion or the name of honour
40. The Special Rapporteur is working closely with
the Special Rapporteur on violence against women, its
causes and consequences and the Special Rapporteur
on the independence of judges and lawyers to monitor
incidents of honour 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. In the period under review the
Special Rapporteur received from many countries
reports of OEonour killings”, some of which have been
committed with impunity. The Special Rapporteur is of
the view that honour killings” may constitute
violations of the right to life if and when they are
condoned or ignored by the authorities. She notes that
some Governments have indicated their opposition to
honour killings” and publicly condemned this
practice. However, she remains concerned that so far
States appear to have taken little concrete action to
bring an end to these killings. For a more detailed
discussion of this issue, reference is made to the
Special Rapporteur's reports to the Commission on
9
AJ55/288
Human Rights (E/CN.4/1999/39, paras. 74-75;
E/CN.4/2000/3, paras. 78-84).
D. Violations of the right to life of human
rights defenders and journalists
41. The Special Rapporteur continues to receive
reports of death threats or extrajudicial killings
directed against human rights defenders, including
human rights activists, lawyers, community workers,
teachers, journalists and other persons engaged in
activities aimed at promoting human rights or
publicizing human rights violations. She 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 1999
alone. During the period under review, the Special
Rapporteur transmitted urgent appeals on behalf of
persons, institutions or organizations carrying out
peaceful activities in defence of human rights and
fundamental freedoms, requesting the Governments
concerned to take the 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, Bolivia, Brazil,
Burkina Faso, Chile, Colombia, El Salvador,
Guatemala, Haiti, Honduras, Mexico, Nicaragua,
Pakistan, Peru, Sri Lanka and Yugoslavia. Many of
these communications were sent jointly with the
Special Rapporteur on the protection and promotion of
freedom of opinion and expression.
42. Some of the Governments approached have
replied to the Special Rapporteur's communications
stating that they have taken special measures to provide
protection to the persons concerned. While it is the
responsibility of the State to ensure the security of
persons under threat, it must be recognized that
protection against physical attack is not enough. Such
measures are merely a reaction and not a solution to the
underlying problems that give rise to an atmosphere of
violence and intimidation. Similarly, while political
asylum or exile may provide temporary protection for
persons in immediate danger, it is the obligation of the
State to ensure that security threats are addressed, so
that these persons can return home and continue their
human rights work.
43. A cause for continuous concern is the situation in
Colombia, where at least 59 human rights defenders
were reportedly killed or received death threats in
1999. The Special Rapporteur 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. Lawyers and human rights activists were also
often singled out during the conflict in Kosovo. The
Special Rapporteur notes with concern that journalists
have increasingly become 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.
44. 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, adopted by the
General Assembly on 9 December 1998, is an
important commitment on the part of the international
community to respect and protect the rights of human
rights defenders. At its fifty-sixth session, the
Commission on Human Rights, in its resolution
2000/61, requested the Secretary-General to appoint a
special representative to report on the situation of
human rights defenders in all parts of the world and on
possible means to enhance their protection in full
compliance with the Declaration. The Special
Rapporteur welcomes this step. Many of the already
existing thematic procedures are taking action and
reporting on the situation of human rights defenders.
She encourages the Special Representative of the
Secretary-General to cooperate and coordinate her
work with these mechanisms. The Special Rapporteur
further believes that in order for this new mandate to be
effective, the term human rights defender” needs to be
understood in a broad sense, so as to include not only
human rights workers and activists, such as members
of non-governmental organizations, but also other
categories of persons engaged professionally or as
private individuals in peaceful activities for the
protection and promotion of the rule of law and the
rights of the people.
E. Impunity
45. One of the root causes of the persistent
occurrence of grave human rights violations, including
extrajudicial, summary or arbitrary executions, is the
10
A/55/288
State's willingness to accept a flawed legal system,
which is unable to bring IIe perpetrators of human
rights violations to justice. In this regard, IIe Special
Rapporteur wishes to recall that IIe Principles on IIe
ELective Prevention and Investigation of Extra-legal,
Arbitrary and Summary Executions stipulate that States
are obliged to investigate aft human rights violations,
particularly IIose affecting IIe physical integrity of IIe
victim, to bring to justice IIose responsible for such
abuses, to pay adequate compensation to IIe victims or
IIeir famfiies and to prevent IIe recurrence of such
violations. This obligation is reaffirmed in oIIer
important international human rights instruments.
46. The most systematic and alarming situations of
impunity occur in countries where court decisions are
flatly overruled and ignored by IIe executive
auIIorities, or where IIe courts have become mere
pawns in IIe hands of Governments which condone,
support or commit human rights abuses as a matter of
policy. In some cases impunity for human rights
violations may also be IIe result of lack of governance,
when a weak and under-resourced judiciary is
incapable of investigating and prosecuting cases of
human rights violations, including violations of IIe
right to life. Institutional support and technical
assistance may in part help to address this problem, and
IIe Special Rapporteur notes wiII appreciation that a
number of such programmes are being carried out
under IIe auspices of IIe Offce of IIe High
Commissioner for Human Rights. She wishes to stress,
however, IIat IIese eLorts can only be successful if
IIey are accompanied by strong mechanisms to ensure
that IIe independence of IIe judiciary is protected and
that public offcials are held accountable for IIeir
actions and omissions. These initiatives must also be
backed by genuine political will to bring IIese abuses
to an end. In situations where a consistent pattern of
impunity has emerged, IIe justice system should be
IIoroughly reviewed and, if found seriously wanting or
to be defunct, replaced and reformed. As discussed
earlier in this report, extrajudicial kiftings and acts of
murder may sometimes also go unpunished because of
IIe sex, religious belief; ethnicity or sexual orientation
of IIe victim. Long-standing discrimination and
prejudice against such groups are oifien used as a
justification of IIese crimes.
47. Impunity for human rights abuses may in some
instances also result fflom laws or oIIer regulations
explicitly exempting public off cials or certain
categories of State agents fflom accountabfiity or
prosecution. Such measures are oifien resorted to in
countries facing internal unrest, and where IIe security
forces are given wide-ranging powers in order to
counter a real or perceived threat to national security.
In cases where members of security forces are
prosecuted, IIey are usually tried in military courts,
which often faft short of international standards
regarding IIe impartiality independence and
competence of IIe judiciary.
48. Situations of impunity can also arise as a result of
amnesty laws, passed in IIe interest of national
reconciliation when countries try to come to terms wiII
human rights abuses of past regimes. The Special
Rapporteur believes that IIere should and can be no
impunity for serious human rights abuses, particularly
violations of IIe right to life, regardless of IIe past or
present status or position of IIe alleged perpetratot At
IIe same time, in order to be effective and meaningful
in fostering accountability among State officials and
rulers, measures taken to prosecute human rights
offenders cannot be selective or used as an instrument
of revenge, but must be part of broader policies aimed
at promoting peace, social stability, justice and IIe rule
of law. As a recognition of IIe State's responsibility for
acts carried out by its personnel, Governments have an
obligation to provide adequate compensation to victims
and IIe families of victims of serious human rights
violations, including extrajudicial executions. In this
connection, IIe Special Rapporteur wishes to
emphasize IIat granting compensation does not reduce
IIe duty of IIe State to investigate and prosecute
human rights violations.
49. The International Criminal Court, once it is
established, has IIe potential to assume a leading role
in IIe fight against impunity for serious and systematic
human rights violations. The Court wfil have
jurisdiction over serious crimes of international
concern, including genocide, war crimes and crimes
against humanity. The Statute of IIe Court, adopted in
Rome on 17 July 1998, will enter into force aifier IIe
deposit of IIe sixtieII instrument of ratification,
acceptance, approval or accession. At IIe time of
writing, 98 States had signed and 14 ratiffied IIe Rome
Statute.
50. The inabfiity or reluctance on IIe part of IIe
auIIorities to bring an end to impunity for human
rights oLenders seriously undermines IIe rule of law,
and also widens IIe gap between IIose close to IIe
1 1
AJ55/288
power structures and others who are vulnerable to
human rights abuses. The increasing difficulties in
securing justice alienate the people from the State and
may drive them to take the law into their own hands,
resulting in a further erosion of the justice system and a
vicious circle of violence and retaliation. If
unaddressed, such situations may easily degenerate into
a state of anarchy, where armed and militant groups
can hold both the Government and the population
hostage. Human rights protection and respect for the
rule of law are central to lasting peace and stability. It
is, therefore, crucial that conflict prevention strategies
and post-conflict peace-building efforts include
effective measures to end the culture of impunity.
51. During her field missions, the Special Rapporteur
has also had the opportunity to study the problem of
impunity for human rights offenders. 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 make
members of the armed forces accountable for
extrajudicial killings and other grave human rights
violations. Widespread impunity for extrajudicial
killings is a cause for great alarm in Colombia, and the
Special Rapporteur welcomes the Government's
invitation to visit the country This mission will enable
her to acquaint herself with the situation at first hand,
and to formulate recommendations in order to better
protect the right to life and address the problem of
impunity in Colombia.
VII. Concluding remarks and
recommendations
52. The 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 that the recommendations
presented below will inspire States to take joint and
separate action to combat these atrocities. Declarations
of commitment to the protection of human rights are
only effective, and indeed meaningful, if they are
backed by genuine political will and translated into
concrete decisions and policies at the national level.
In this connection, the Special Rapporteur notes with
regret, and mounting frustration, that a large number of
Governments continue to ignore her urgent appeals in
individual cases and fail to respond to letters
requesting information regarding alleged violations of
the right to life.
53. The Special Rapporteur would like to take this
opportunity to express her appreciation for the
continuous support for her mandate by the Office of the
High Commissioner for Human Rights. However, she
remains concerned that the precarious funding situation
of the United Nations human rights programmes may
jeopardize the stable and uninterrupted support for her
mandate.
54. The Special Rapporteur notes with regret that
most of the recommendations presented in her earlier
reports remain valid in the absence of concrete action
to implement them on the part of Governments.
Therefore, the following remarks should be read in
conjunction with the conclusions and recommendations
presented in her reports to the Commission on Human
Rights (E/CN.4/1999/39, paras. 78-97; E/CN.4/2000/3,
paras. 93-116).
55. The global situation in regard to the respect for
the right to life is bleak. Extrajudicial, summary or
arbitrary executions have by no means ceased or
decreased. They occur in every region of the world.
The Special Rapporteur also notes with growing
concern that steps taken in reaction to ongoing abuses
more often than not fail to curb violence and spare
im1ocent civilians from suffering. It is therefore
imperative for the international community to
concentrate its efforts on effective prevention and to
establish early-warning mechanisms with the capacity
to identify signs of emerging crises. These efforts
should be guided by the scale of the human rights
violations taking place, and not be misguided by the
silence of those who are being oppressed.
56. The Special Rapporteur is appalled at the
situation in certain countries where violations of the
right to life appear to have become an everyday
occurrence. The Governments of such countries are
either not prepared or lack the skills and capacity to put
an end to these human rights violations. She further
finds it unacceptable that some Governments insist on
12
AJ55/288
cynically defending or ignoring extrajudicial killings
committed by their security forces, especially when
confronted with armed opposition groups.
57. During her field visits, the Special Rapporteur has
observed some common patterns which are conducive
to the recurrence of extrajudicial killings, thus
endangering the lives of the civilian population.
Persistent impunity, disrespect for the rule of law and
weak judicial systems provide breeding grounds for
violence. In this environment, militant elements who
choose the path of violence often manage to mobilize
support among disadvantaged segments of the
population. There are indications that in some countries
women are increasingly joining the ranks of armed
opposition groups, because of the extreme social,
economic and political discrimination they are exposed
to. Governments should respond to the grievances and
aspirations of their female citizens and devise policies
aimed at the empowerment of women.
58. The Special Rapporteur is concerned over the
growing pessimism among ordinary people living in
countries where human rights violations occur
regularly and with impunity. People with whom the
Special Rapporteur spoke during her field mission
often had little faith in peaceful political movements
and their ability to change the situation. It was often
pointed out to the Special Rapporteur that peaceful
movements and their campaigns failed to attract the
attention of national and international political actors,
thus playing into the hands of the more militant
movements. An arbitrary or inequitable distribution of
economic resources and continuous discrimination on
the basis of ethnicity, religion or other factors further
polarize and embitter the people. In previously
repressive States, the transition to democracy is also
often precarious and fragile, as some groups or
segments of the population may decide to destabilize
the situation and express their grievances by violent
means.
Reconunendations
60. The international community faces a serious
challenge in developing and establishing effective and
credible mechanisms for early warning and conflict
prevention. Concrete measures must be taken without
delay in order to avoid past mistakes and prevent
further human rights disasters from taking place.
61. An efficient and independent judiciary is a basic
and crucial element of a functioning democracy As
pointed out above and in the Special Rapporteur's
previous reports, some of the most deeply rooted
human rights problems caimot be resolved unless the
countries concerned enter upon a thorough review and
reform of their legal and judicial systems. This need is
particularly urgent in countries in transition to
democracy.
62. Governments must make every possible effort to
ensure that children are not used as pawns in armed
conflict. Children should under no circumstances be
targeted by government forces. The death of every
child that dies as a result of State violence should be
thoroughly investigated by an independent judicial
forum, the perpetrators brought to justice and the
results of the inquiries made public.
63. All countries that retain the death penalty are
urged to consider imposing a moratorium on
executions, with a view to completely abolishing the
death penalty. Pending the imposition of a moratorium,
States should take immediate measures to bring their
domestic legislation into line with international
standards pertaining to capital punishment. The Special
Rapporteur calls on States to ensure that capital
punishment is not imposed for offences committed by
persons under the age of 18. She further urges States
not to carry out death sentences on expectant or recent
mothers, mentally handicapped persons and elderly
people. She finally encourages States to provide her
and other United Nations mechanisms with detailed
and current information on the use of the death penalty,
as this will enable her to form a deeper and more
comprehensive understanding of the issues at hand.
59. In countries recovering from conflict situations,
the process of reconciliation must fully involve
community leaders and people at the grass-roots level.
The media should be used to mobilize support for
efforts aimed at peace and reconciliation.
13
