Aadel Collection
Report by the Special Rapporteur, Mr. Bacre Waly Ndiaye, submitted pursuant to Commission on Human Rights resolution 1992/72
Distr.
GENERAL
E/CN. 4/1993/46
23 December 1992
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Forty-ninth session
Item 12 of the provisional agenda
QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
IN ANY PART OF THE WORLD, WITH PARTICULAR REFERENCE TO COLONIAL
AND OTHER DEPENDENT COUNTRIES AND TERRITORIES
Extrajudicial, summary or arbitrary executions
Report by the Special Rapporteur, Mr. Bacre Waly Ndiaye, submitted
pursuant to Commission on Human Rights resolution 1992/72
CONTENTS
Paragraphs Page
Introduction 1 - 4 1
Chapter
I. Themandate 5-41 2
A. Terms of reference 7 - 10 2
B. Procedures 11 - 41 4
1. Communications received by the
Special Rapporteur 12 - 25 4
2. Communications sent by the
Special Rapporteur 26 - 28 8
3. Communications from Governments . . . . 29 - 34 8
GE.92-14937 (E)
E/CN. 4/1993/46
page ii
CONTENTS ( continued )
B. Procedures ( continued )
4. Visits
5. Cooperation with other United Nations
procedures
Paragraphs
35 - 37
38 - 41
Page
10
11
H. The rights of victims
III. Activities
A. Consultations . . .
B. Communications . . .
C. Visits
IV. Situations
A. General
B. Country situations .
Afghanistan . . . .
Albania
Angola
Argentina
. . 60 - 61 15
. . 62 - 63
. . 64 - 66
67
68
69 - 91
70 - 71
72 - 87
88 -
92 -
92 -
95 -
95 -
98
99 -
102
II. Legal framework within which the mandate
of the Special Rapporteur is implemented
A. Violations of the right to life in
connection with the death penalty .
B. Deaths in custody
C. Deaths due to the use of force
by law enforcement officials . . . .
D. Violations of the right to life
during armed conflicts
E. Expulsion of persons to a country
where their lives are in danger . .
F. Obligation to investigate
G. Genocide
. . 42 - 68 12
. . 49 - 53 13
. . 54 - 57 14
. . 58 - 59 14
15
16
16
17
18
18
18
21
22
22
22
22
23
23
23
91
656
94
656
97
101
CONTENTS ( continued )
B. Country situations ( continued )
E/cN. 4/1993/46
page iii
Paragraphs
Page
Azerbaijan . . . .
103 - 104
24
Bangladesh . . . .
105 - 118
24
Bhutan
119
27
Bolivia
120
27
Brazil
121 - 142
28
Burkina Faso . . .
143
33
Burundi
144 - 151
33
Cambodia
152 - 156
35
Cameroon
157 - 162
36
Chad
163 - 169
37
Chile
170 - 171
38
China
172 - 184
39
Colombia
185 - 215
42
Cuba
216 - 229
50
Dominican Republic
230 - 232
53
Egypt
233 - 236
54
El Salvador . . .
237 - 251
55
Equatorial Guinea
252 - 254
60
Ethiopia
255 - 257
61
Ghana
258 - 261
62
Grenada
262
63
Guatemala
263 - 304
63
Haiti
305 - 323
72
Honduras
324 - 329
77
India
330 - 347
78
Indonesia
348 - 353
85
Iran (Islamic Republic of)
354 - 369
88
Iraq
370 - 376
92
Israel
377 - 385
93
Jamaica
386
95
Jordan
387 - 388
95
Kenya
389 - 390
95
Kuwait
391 - 392
96
Lesotho
393 - 398
96
Liberia
399
97
Madagascar
400
97
Malawi
401 - 408
97
Malaysia
409 - 411
98
Mali
412 - 415
99
Mauritania
416
100
Mexico
417 - 426
100
Morocco
427 - 430
102
Myanmar
431 - 441
102
Nepal
442 - 443
105
Nicaragua
444 - 445
106
Niger
446
106
E/CN. 4/1993/46
page iv
CONTENTS ( continued )
B. Country situations ( continued )
Paragraphs
Page
Nigeria
Pakistan
Paraguay
Peru
Philippines . . .
Rwanda
Saudi Arabia . . .
Senegal
Somalia
South Africa . . .
Sri Lanka . . . .
Sudan
Suriname
Thailand
Togo
Trinidad and Tobago
Tunisia
Turkey
Uganda
Ukraine
United Republic
United States of
Venezuela . . .
Yemen
Zaire
. . 447
. . 448 - 454
. 455 - 459
. . 460 - 487
. . 488 - 501
. . 502 - 509
. . 510 - 511
. . 512 - 513
. . 514
. . 515 - 531
. . 532 - 544
. . 545 - 556
. . 557
. . 558 - 563
. . 564 - 572
. 573
. . 574 - 579
. . 580 - 617
. . 618
. . 619 - 621
. . 622
. . 623 - 636
. . 637 - 649
. . 650 - 653
. . 654 - 656
106
106
108
109
118
121
123
124
124
124
127
13 0
132
132
133
135
135
13 7
151
151
152
152
155
157
158
159
163
of Tanzania
America .
V. Visits to the former Yugoslavia
VI. Conclusions and recommendations
A. Allegations received and acted upon
by the Special Rapporteur . . . .
657 - 672
673 - 706
677 - 688
163
167
B. Other procedural aspects .
689 - 706
E/cN. 4/1993/46
page 1
Introduction
1. The present report is submitted pursuant to Commission on Human Rights
resolution 1992/72 of 5 March 1992, entitled “Extrajudicial, summary or
arbitrary executions” . This resolution, which renewed the mandate of the
Special Rapporteur and extended it for another three years, was approved by
the Economic and Social Council in its decision 1992/242 of 20 July 1992.
2. After presenting his ninth report (E/cN.4/1992/30) to the Commission on
Human Rights, Mr. Amos Wako resigned as Special Rapporteur on summary or
arbitrary executions in early March 1992. In conformity with paragraph S of
resolution 1992/72, the Chairman of the Commission on Human Rights appointed
Mr. Bacre Waly Ndiaye to succeed Mr. Wako in this function.
3. The present report is the first presented to the Commission on Human
Rights by the new Special Rapporteur. It is the tenth since the mandate was
established by the Economic and Social Council in its resolution 1982/35 of
7 May 1982.
4. In chapter I of the present report, the Special Rapporteur offers an
interpretation of the mandate entrusted to him and sets forth his personal
approach to several issues that have arisen during the first months of his
activities. Chapter II contains the legal framework within which he carried
out his mandate. In chapter III, the Special Rapporteur reports on the
activities he has undertaken since his appointment. In chapter IV, he
presents country-specific situations in which he has pursued his mandate:
these include a general description of the allegations received by the Special
Rapporteur and a more detailed summary of the correspondence with the
Governments concerned regarding those allegations. In chapter V, the Special
Rapporteur gives account of the findings, of relevance to his mandate, of
two missions to the former Yugoslavia in which he participated. Finally, in
chapter VI, the Special Rapporteur sets forth his conclusions and closes his
report with recommendations designed to ensure more effectively, in future,
respect for the international instruments and standards to which his mandate
refers.
E/CN. 4/1993/46
page 2
I. THE MANDATE
5. The present Special Rapporteur on extrajudicial, summary or arbitrary
executions was appointed in April 1992 by the Chairman of the Commission on
Human Rights pursuant to Commission resolution 1992/72 of S March 1992. He
assumed his functions after that resolution had been approved by the Economic
and Social Council in its decision 1992/242 of 15 July 1992. He took over the
mandate from Mr. Amos Wako, who had been Special Rapporteur on summary or
arbitrary executions from the establishment of the mandate in 1982 until
March 1992. The experience of the first 10 years, both the achievements and
the difficulties encountered, as they have been reflected in Mr. Wako's yearly
reports to the Commission on Human Rights, was of great value to the Special
Rapporteur when he assumed his functions, particularly since he had only some
six months in which to deal with a large number of allegations.
6. In this chapter the Special Rapporteur will address a series of issues
relating to his mandate. They include the task entrusted to him by the
Commission on Human Rights, the procedures resorted to and some problems
encountered during the first months. He wishes to emphasize that these
observations do not pretend to be an exhaustive interpretation of his mandate;
rather, they should be seen as personal remarks aimed at setting initial
coordinates for his work, which will certainly undergo adjustments and
improvements in the future. He believes that this may enhance understanding
and, as a consequence, fruitful cooperation with Governments and those who
provide him with allegations of extrajudicial, summary or arbitrary
executions.
A. Terms of reference
7. The Commission on Human Rights, in resolution 1992/72, requests the
Special Rapporteur to “continue to examine situations of extrajudicial,
summary or arbitrary executions” (para. 7) . It should be noted that in this
resolution the Commission has widened the title of the mandate, which now
includes “extrajudicial” as well as “summary or arbitrary” executions. This
seems to indicate that the members of the Commission have adopted a broad
approach to the mandate on executions which encompasses all violations of the
right to life as guaranteed by a large number of international human rights
instruments (see chapter II of the present report) .
8. In the same resolution the Commission also requested the Special
Rapporteur “to pay special attention to extrajudicial, summary and arbitrary
executions of children” (para. 8) .
9. In addition, in several other resolutions of the Commission on Human
Rights special rapporteurs are asked to pay particular attention to a number
of issues within the framework of their mandates. In particular:
(a) In resolution 1992/22, entitled “Right to freedom of opinion and
expression”, the Special Rapporteur is invited “to pay particular
attention . . . to the situation of persons . . . discriminated against for having
exercised the right to freedom of opinion and expression” and the Commission
expressed concern about the “intrinsically linked rights to freedom of
E/cN. 4/1993/46
page 3
thought, conscience and religion, of peaceful assembly and freedom of
association, and the right to take part in the conduct of public affairs as
affirmed in the Universal Declaration of Human Rights and the International
Covenant on Civil and Political Rights”. Violations of these rights have been
reported to the Special Rapporteur, for example in the context of violence
against demonstrators, journalists and writers, trade unionists and members of
religious or other groups and associations;
(b) In resolution 1992/31, entitled “Human rights in the administration
of justice”, the Special Rapporteur is called upon “to give special attention
to questions relating to the effective protection of human rights in the
administration of justice”. Within the framework of the mandate of the
Special Rapporteur, this concerns particularly the independence of judges and
lawyers, the right to a fair trial, human rights and states of emergency, and
the question of impunity of perpetrators of violations of human rights;
(c) In resolution 1992/37, entitled “World Conference on Human Rights”,
the Commission encourages “ ... special and thematic rapporteurs . . . to
contribute as observers by taking part as appropriate, in the work of the
Preparatory Committee and the World Conference” . The Special Rapporteur
participated in the African regional preparatory meeting for the World
Conference;
(d) In resolution 1992/39, entitled “Strengthening of United Nations
action in the field of human rights through the promotion of international
cooperation, and the importance of non-selectivity, impartiality and
objectivity”, the Commission “requests all human rights bodies within the
United Nations system, as well as special rapporteurs”, to carry out their
responsibilities guided by the principles of non-selectivity, impartiality and
obj ectivity;
(e) In resolution 1992/41, entitled “Human rights and thematic
procedures”, the Commission recommends that Governments which have invited any
of the thematic special rapporteurs to visit their countries should consider
follow-up visits”. Governments are also encouraged “to respond expeditiously
to requests for information . . . so that the thematic special rapporteurs
concerned . . . may carry out their mandates effectively”. Governments
encountering problems in the field of human rights are further encouraged “to
cooperate more closely with the Commission through the pertinent thematic
procedures, in particular by inviting a thematic special rapporteur . . . to
visit their countries”. In addition, this resolution requests special
rapporteurs to take follow-up action;
(f) In resolution 1992/42, entitled “Consequences on the enjoyment of
human rights of acts of violence committed by armed groups that spread terror
among the population and by drug traffickers”, the Special Rapporteur is
requested “to continue paying particular attention to the adverse effect on
the enjoyment of human rights of acts of violence” committed by such groups;
E/CN. 4/1993/46
page 4
(g) In resolution 1992/57, entitled “civil defence forces” the Special
Rapporteur is requested “to pay due attention ... to the matter of civil
defence forces in relation to the protection of human rights and fundamental
freedoms”;
(h) In resolution 1992/59, entitled “Cooperation with representatives
of United Nations human rights bodies”, Governments are urged “to refrain from
all acts of intimidation or reprisal against” those cooperating with
representatives of United Nations human rights bodies availing themselves of
human rights protection procedures established under United Nations auspices
or providing legal assistance for this purpose, as well as those who submit
communications under procedures established by human rights instruments and
relatives of victims of human rights violations.
10. In examining and analysing the information brought to his attention, the
Special Rapporteur has taken into consideration these requests by the
Commission on Human Rights. Reference to the issues concerned will be made in
chapter IV, within the description of the specific country situations. They
will also be addressed in the conclusions and recommendations contained in
chapter V of the present report.
B. Procedures
11. During the 10 years of the existence of the mandate, a certain number of
procedures have been established. Their nature is determined by the specific
requirements defined by the nature of the human rights violations encompassed
by the mandate as well as practical considerations such as the availability of
resources and time constraints. Thus, the Special Rapporteur has in the past
sent different types of communications to Governments. He has also carried
out field missions. In the future, this will be continued and, where
possible, contacts with all those involved in the functioning of the mandate
will be extended.
1. Communications received by the Special Rapporteur
12. The Special Rapporteur receives a large number of communications
providing him with information about violations of the right to life. The
main source of these communications is non-governmental organizations, but
they also come from individuals, intergovernmental organizations, other
United Nations procedures concerned with the protection of human rights, and
sometimes also Governments. The Special Rapporteur analyses this information,
which constitutes a fundamental element for the working of his mandate and
lies at the basis of his activities.
13. The communications received from Governments containing information in
reply to urgent appeals and other letters sent to them by the Special
Rapporteur will be referred to below (see below, paras. 29 et seq. ) .
14. Concerning the reports and allegations received by the Special
Rapporteur, there are two principal difficulties he is continuously confronted
with. First, he is only mandated to act upon information about human rights
violations which “comes before him” (Commission on Human Rights
E/cN. 4/1993/46
page 5
resolution 1992/72, para. 9) . More than once, the Special Rapporteur has
found himself in a situation where there were serious grounds to believe that
extrajudicial, summary or arbitrary executions were being committed in certain
countries, sometimes even on a large scale and, on occasion, covered by
extensive reports in the media, concerning which he had not received any
allegations. Since he does not act exclusively on the basis of media reports,
with regard to some situations his report may appear incomplete.
15. It should be borne in mind, however, that the present report of the
Special Rapporteur does not pretend to provide the international community
with a comprehensive picture of all instances of extrajudicial, summary or
arbitrary executions in the world. Rather, it gives an account of how the
Special Rapporteur discharged the mandate entrusted to him by the Commission
on Human Rights, within the means and possibilities at his disposal.
16. Secondly, it is sometimes very difficult for the Special Rapporteur to
decide whether an allegation is credible, or whether it is politically or
otherwise motivated. The Special Rapporteur and his supporting staff are not
in a condition to verify all allegations received. In virtue of his human
rights activities in the past, the Special Rapporteur has ample personal
knowledge of non-governmental organizations. Many of them have been
cooperating with different United Nations human rights procedures for years.
In such cases, this experience has allowed the Special Rapporteur to form an
opinion of the credibility of those sources. Allegations are also received
from non-governmental organization that are less well known and sometimes from
entirely new sources.
17. Nevertheless, when the Special Rapporteur has not had sufficient
experience with a non-governmental organization to be able to judge the
credibility of the information coming from the organization, greater care is
exercised in evaluating the apparent credibility of each allegation received.
The main criterion used is the tenor of the allegation itself: the more
information it contains concerning the particulars of the purported victim or
victims (full name, age, place of residence or origin, profession, marital
status etc.) and the precise circumstances of the incident (date, place,
description of how the event occurred, etc.), the more likely it is that the
allegation will be considered credible and forwarded to the State concerned.
In some cases, where doubts persist, the Special Rapporteur may seek
corroboration from another source, in particular non-governmental
organizations of undisputed credibility. In principle, though, the Special
Rapporteur transmits all allegations he receives unless he has serious grounds
to believe that the information provided is not credible.
18. Information received from States in their replies to allegations which
have been forwarded to them is also taken into account in evaluating the
credibility of the source. Information that simply clarifies facts reported
by a non-governmental organization or sheds new light on them does not, of
course, adversely affect the credibility of the source, nor do general
accusations concerning the motives or reliability of the source. It is to be
expected that the Government has more information than a non-governmental
organization concerning factual aspects of incidents involving the loss of
life, and it is also normal that their evaluation of the significance of such
E/CN. 4/1993/46
page 6
incidents may differ. However, replies which clearly establish that
allegations submitted to the Special Rapporteur were unfounded or
substantially distorted may oblige him to revise his appreciation of the
credibility of the source.
19. Problems arise where no replies are received from Governments, sometimes
for years. Should the Special Rapporteur in such cases consider the
allegations to be substantiated until he receives proof to the contrary?
Should he seek to meet with the representatives of the countries concerned to
find out the reasons for their silence? Or should he envisage other measures,
and if so, which? In certain situations, the only possibility for the Special
Rapporteur to form an opinion on the circumstances prevailing in a given
country is to conduct an on-site visit. Consequently, he will seek to do so
in cases where there are important discrepancies between information received
from different sources.
20. Another question which was raised by a Government in its reply to
allegations submitted by the Special Rapporteur concerned the “value which the
Special Rapporteur attributes to domestic national legislation and legal
remedies available on the national level in the determination, processing and
investigation of the truth or falsehood of allegations of summary and
arbitrary executions”, and whether or not the requirement of exhaustion of
such remedies is applicable.
21. National law and procedures may be relevant to cases of alleged
extrajudicial, summary or arbitrary executions in different ways, depending on
the nature of the execution. In so far as the death penalty is concerned, the
relevant national law includes the substantive law indicating the crimes for
which the death sentence is applicable; the law concerning age and other
factors which preclude the imposition or application of the death penalty; the
law concerning the discretion of the sentencing authority, and the kinds of
information which may be taken into account; post-sentencing procedures; the
law specifying how the sentence is to be carried out, as well as legislation
concerning the due process procedural rights of the defendant during trial and
appeal. Where extrajudicial executions are concerned, different laws and
procedures come into play. Relevant law includes the law and regulations
concerning justifiable homicide and the use of force by law enforcement
officials; the administrative and judicial procedures for investigating such
deaths, and the right of the family of the deceased to be informed of the
cause and circumstances of the death, and to receive compensation for wrongful
death. Given the different types of legislation, including regulations, and
procedures which may be relevant, it is difficult to generalize as to the
value attributed by the Special Rapporteur to national laws and remedies in
the carrying out of the mandate.
22. The Special Rapporteur is guided primarily by international standards.
The main substantive legal framework, as indicated by the Commission on Human
Rights most recently in its resolution 1992/72 and the General Assembly in its
resolution 45/162 of 18 December 1990, are the Universal Declaration of Human
Rights and articles 6, 14 and 15 of the International Covenant on Civil and
Political Rights. These standards, which are applicable to all countries, are
interpreted in the light of a number of other United Nations instruments,
E/cN. 4/1993/46
page 7
enumerated in the sixth preambular paragraph of Commission on Human Rights
resolution 1992/72 (see also below chapter II ) . In most cases, it is the
Special Rapporteur's primary concern to establish whether the State has
complied with its obligation under international law to prevent violations of
the right to life, or, where extrajudicial, summary or arbitrary executions
have already occurred, to investigate the cause and circumstances of the
death, identify the perpetrators and impose appropriate sanctions.
23. This leads to the question of whether or not the exhaustion of domestic
remedies should be required. In so far as the death penalty is concerned,
exhaustion of domestic remedies would mean waiting until the highest court of
appeal has announced its decision, or until all possibilities for requesting
commutation of sentence and pardon have been exhausted. However, loss of life
is irreparable. If the Special Rapporteur considers that there is reason to
believe that the application of the death penalty in a given case might
violate applicable international standards, it would be unconscionable to wait
until domestic proceedings have reached a stage at which execution is
unavoidable in order to convey his concern to the national authorities.
24. With regard to extrajudicial executions, the Special Rapporteur is of the
opinion that considerations which apply to other international procedures for
examining human rights violations do not necessarily apply to violations of
the right to life. The public interest in protecting the right to life
prevails over private interests. The duty of the State to investigate any
extrajudicial, summary or arbitrary execution that has occurred, to identify
those responsible and to impose appropriate sanctions is of the highest order
and is independent of any right of action, whether penal or civil, of the
aggrieved parties. Failure of the dependants or legal representatives of the
deceased to take legal action against those allegedly responsible in no way
absolves the State of its responsibility to investigate and, if appropriate,
prosecute. It would therefore be inappropriate to impose exhaustion of
remedies as a prerequisite for bringing a case to the attention of the Special
Rapporteur.
25. In cases of consummated extrajudicial, summary or arbitrary executions,
the main concern of the Special Rapporteur, as indicated above, is to evaluate
how the State fulfils its duty to investigate, identify and sanction. In
general, it would be inappropriate to reach any firm conclusions on the merits
of an allegation until the investigations undertaken by national authorities
are concluded. An exception might be made when investigations or prosecution
are unduly prolonged, or when there is convincing evidence that they are not
being pursued in good faith. However, this does not necessarily mean that the
Special Rapporteur should on principle refuse to begin consideration of an
allegation until domestic proceedings are final. In the experience of the
Special Rapporteur, criminal investigations and trials often last years.
Precluding consideration of allegations until such proceedings are completed
would, in practice, mean that the information contained in his reports would
not reflect current trends and situations. Moreover, a policy of refraining
from any consideration of a case until proceedings are complete would prevent
the Special Rapporteur from having a timely and constructive impact on the
efforts made by national authorities to redress cases of extrajudicial,
summary or arbitrary executions. Consequently, imposition of the exhaustion
E/CN. 4/1993/46
page 8
of the internal remedies requirement would be incompatible with the request
that the Special Rapporteur “respond effectively to information which comes
before him, in particular when an extrajudicial, summary or arbitrary
execution is . . . threatened” (Commission on Human Rights resolution 1992/72,
para. 9) or “when such an execution has recently occurred” (General Assembly
resolution 45/162, para. 7) .
2. Communications sent by the Special Rapporteur
(a) Urgent appeals and other allegations
26. The main types of communications sent by the Special Rapporteur have
traditionally been “urgent appeals” in cases of an imminent extrajudicial,
summary or arbitrary execution of death threats, and letters transmitting
allegations of extrajudicial, summary or arbitrary executions of a less urgent
character. In both cases, the Special Rapporteur has to rely exclusively on
allegations he receives, mainly from non-governmental organizations but also
from individuals, intergovernmental organizations and Governments.
27. Pursuant to a special request made by the Commission on Human Rights in
resolution 1992/59, entitled “Cooperation with representatives of
United Nations human rights bodies”, the Special Rapporteur has also
intervened through urgent appeals in cases where he had received allegations
of acts of intimidation or reprisal in violation of the right to life against
those cooperating with United Nations human rights procedures and their legal
advisors and against relatives of victims of human rights violations.
(b) “Follow-up letters”
28. A third type of communication which should become increasingly important
in the future consists of letters following up on earlier communications. In
its resolution 1992/72, the Commission on Human Rights requested the Special
Rapporteur to “enhance his dialogue with Governments by following up on
communications dispatched to Governments transmitting allegations of
extrajudicial, summary or arbitrary executions (para. 14) . The following
up of communications will be an important element of the Special Rapporteur's
work in the future. It is hoped that the Governments concerned will support
him in this matter by providing him with updated information on cases under
investigation.
3. Communications from Governments
29. Communications from Governments providing information on allegations
transmitted and other issues related with the phenomenon of extrajudicial,
summary or arbitrary executions are essential to the work of the Special
Rapporteur.
30. In the past, a number of replies have been received which could not be
considered as complete, since they did not “clarify” the allegations
transmitted to the Governments concerned. Different types of such replies can
be distinguished:
E/cN. 4/1993/46
page 9
(a) In some instances, replies are general in character and do not
refer to the particular cases transmitted;
(b) Sometimes, Governments address special issues related with the
mandate without going into detail with regard to the cases;
(c) Often, Governments inform the Special Rapporteur that the cases are
being investigated.
31. This kind of information is most welcome and helpful for the Special
Rapporteur to form an opinion on the situation in a given country. However,
it may also be useful to consider what details would allow the Special
Rapporteur to consider a case as “clarified” . This varies according to the
type of allegations transmitted. The following are some examples of steps and
measures taken by the competent authorities that would be considered
appropriate if the allegations prove to be well founded:
(a) Extrajudicial, summary or arbitrary executions: an independent
investigation has been carried out; the authors of the execution have been
identified and brought to justice; measures have been taken to ensure
effective protection from extrajudicial, summary or arbitrary executions in
the future;
(b) Death threats and fear of extrajudicial, summary or arbitrary
executions: an independent investigation has been carried out; the authors of
the threats have been identified and brought to justice and the persons whose
lives are in danger are granted effective protection;
(c) Execution of death sentences in breach of international standards
relating to the death penalty: irregularities in trial procedures have been
redressed effectively; the right to appeal and to seek pardon or commutation
of sentence has been ensured; the execution of the death penalty in the case
of a minor, mentally deficient person, pregnant woman or young mother has not
taken place;
(d) Deaths in custody due to the use of force, torture or neglect: an
independent investigation has been carried out; those responsible have been
identified and brought to justice; measures have been adopted to ensure
adequate conditions of detention and prevent such incidents from happening
again;
(e) Deaths due to abuse of force by law enforcement personnel: an
independent investigation has been carried out; those responsible have been
identified and brought to justice; measures have been undertaken to
effectively prevent such incidents from happening in the future;
(f) Fear of execution after extradition or refoulement : the persons in
danger of execution in the receiving State have not been expatriated; measures
have been taken to effectively protect them from extrajudicial, summary or
arbitrary execution upon their arrival in the receiving country.
E/CN. 4/1993/46
page 10
32. By its resolution 1992/41, the Commission on Human Rights “encourages
Governments to respond expeditiously to requests for information made to them
through the procedures, so that the thematic special rapporteurs concerned . . .
may carry out their mandates effectively” (para. 2) . The Special Rapporteur
is aware that in some cases it takes time to examine the allegations
transmitted, particularly since they have to be sent to the competent
authorities in the countries concerned. However, it would be very much
appreciated if in exceptional cases, where there are particular difficulties
in forwarding the information requested, Governments could, in a spirit of
cooperation, provide the Special Rapporteur with the reasons justifying the
delay, as has been done by some countries in the past.
33. In this context, it should be noted that dates indicated in
communications by the Special Rapporteur as time-limits for submitting
information have no other reason than the constraints set by technical
considerations in connection with the time required to process reports so that
they may be made available to the Commission on Human Rights.
34. In coming years, the Special Rapporteur will endeavour to send
allegations not only once but three or four times a year, in order to allow
Governments more time to investigate the cases transmitted and to send their
replies.
4. Visits
35. By resolution 1992/41, the Commission on Human Rights also “encourages
Governments encountering problems in the field of human rights to cooperate
more closely with the Commission through the pertinent thematic procedures, in
particular by inviting a thematic special rapporteur . .. to visit their
countries”.
36. It has been repeatedly stated that on-site visits are the only means by
which the Special Rapporteur can make himself familiar with the situation in a
given country and report to the Commission on Human Rights on all its aspects.
The lack of reaction, or the negative reaction, to his endeavours to obtain an
invitation from a Government to carry out an on-site mission experienced by
the Special Rapporteur on some occasions seems to be caused by differences in
the perception of the purpose of such a visit.
37. The Special Rapporteur would like to emphasize that to visit a country
does not mean to “accuse” the Government concerned beforehand of human rights
violations. Visits aim at understanding a situation and its problems, taking
into account all the circumstances that contribute to them. The
recommendations made by the Special Rapporteur following a visit should help
the Government concerned to find solutions to problems that affect the right
to life. This may be especially important in order to enable the Special
Rapporteur to comply with the request of the Commission on Human Rights in
resolution 1992/42 that special rapporteurs pay particular attention to human
rights violations by armed groups. Visits can also be the only means of
verifying contradictory information from different sources. The Special
Rapporteur also wishes to state that visits do not have the character of a
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judicial inquiry; they cannot replace investigations by the competent judicial
authorities. Furthermore, the existence of an independent inquiry does not
impede a visit by the Special Rapporteur.
S. Cooperation with other United Nations procedures
38. For an overall increase in efficiency, and with a view to benefiting from
the experience gathered by any of them in their particular field of interest,
the different procedures that deal with human rights issues, whether they
operate under mandates established by the Commission on Human Rights or by any
other decision-making body of the United Nations, should increase their
cooperation and coordination.
39. During the first six months of his mandate, the Special Rapporteur was
able to establish contacts with some of the other special rapporteurs, special
representatives and working groups operating under mandates established by the
Commission on Human Rights. Cooperation included the sharing of information,
consultations and two joint missions to the former Yugoslavia. The tendency
towards field missions to countries with problems in the field of human rights
by two or more special rapporteurs with relevant mandates seems to be most
interesting and important. It will allow them to present the Commission on
Human Rights with a much more comprehensive and thorough analysis of the
situation in a given country.
40. Joint visits, however, should not result in an overall reduction in the
number of missions by special rapporteurs and working groups to countries
encountering problems in the field of human rights. Careful coordination of
such activities will therefore be needed.
41. Furthermore, the Special Rapporteur wishes to cooperate and coordinate
his efforts with other United Nations procedures that operate in some
countries. Thus, copies of the allegations of extrajudicial, summary or
arbitrary executions transmitted to the Governments of Angola, Cambodia and
El Salvador were sent to the United Nations Angola Verification Mission
(UNAVEM) , the United Nations Transitional Authority in Cambodia (UNTAC) and
the United Nations Observer Mission in El Salvador (ONUSAL) . In the future,
such cooperation might also include on-site visits to ensure that legal and
practical steps are put into practice to eliminate the phenomenon of
extrajudicial, summary or arbitrary executions which, in the past, has
constituted one of the most tragic manifestations of the human rights crisis
in the countries concerned.
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II. LEGAL FRAMEWORK WITHIN WHICH THE MANDATE OF THE
SPECIAL RAPPORTEUR IS IMPLEMENTED
42. The Special Rapporteur is mandated “to examine situations of
extrajudicial, summary or arbitrary executions” (Commission on Human Rights
resolution 1992/72) . The acts and omissions to be taken into account by the
Special Rapporteur therefore include all those which constitute a violation of
the right to life as established in the international human rights instruments
providing the normative framework for the implementation of the mandate.
43. The right to life finds its most general recognition in article 3 of the
Universal Declaration of Human Rights. Article 6 of the International
Covenant on Civil and Political Rights recognizes the inherent right of every
person to life, adding that this right “shall be protected by law” and that
“no one shall be arbitrarily deprived of life”. Moreover, the right to life
of persons under the age of 18 and the obligation of States to guarantee the
enjoyment of this right to the maximum extent possible are both specifically
recognized in article 6 of the Convention on the Rights of the Child.
44. By article 2 of the Universal Declaration of Human Rights and articles 2
and 26 of the International Covenant on Civil and Political Rights, and under
several other United Nations declarations and conventions, everyone is
entitled to the protection of the right to life without distinction or
discrimination of any kind, and all persons shall be guaranteed equal and
effective access to remedies for the violation of this right.
45. Further, article 4, paragraph 2, of the International Covenant on Civil
and Political Rights and principle 8 of the Basic Principles on the Use of
Force and Firearms by Law Enforcement Officials, adopted by the Eighth
United Nations Congress on the Prevention of Crime and the Treatment of
Offenders, held at Havana, Cuba, from 27 August to 7 September 1990, provide
that exceptional circumstances such as internal political instability or any
other public emergency may not be invoked to justify any derogation from the
right to life and security of the person.
46. The general recognition of the right to life of every person in the
aforementioned international instruments constitutes the basis for the work of
the Special Rapporteur. A number of other treaties, resolutions, conventions
and declarations adopted by competent United Nations bodies contain provisions
relating to specific types of violations of the right to life. They, too,
form part of the legal framework within which the Special Rapporteur operates.
47. One of the most pertinent of these instruments is the Principles on the
Effective 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. In particular, principle 4 sets forth the obligation
of Governments to guarantee effective protection through judicial or other
means to individuals and groups who are in danger of extralegal, arbitrary or
summary executions, including those who receive death threats.
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48. An analysis of the international instruments concerning the protection of
the right to life makes it possible to group the situations falling within the
mandate of the Special Rapporteur according to the categories set forth below.
A. VIOLATIONS OF THE RIGHT TO LIFE IN CONNECTION
WITH THE DEATH PENALTY
49. Article 6 of the International Covenant on Civil and Political Rights
sets forth several important restrictions on the imposition and execution of
the death penalty. Paragraph 2 provides, inter alia , that it may be imposed
“only for the most serious crimes” and only “pursuant to a final judgement
rendered by a competent court” . Paragraph 4 recognizes the right of persons
sentenced to death to seek pardon or commutation of the sentence, and
paragraph S prohibits the imposition of the death sentence for crimes
committed by persons below 18 years of age and the application of the sentence
to pregnant women. Article 14, concerning the right to a fair trial, is also
relevant, as is article 15, which prohibits, among other things, the
retroactive imposition of heavier penalties than those applicable at the time
when the offence was committed.
SO. Apart from the International Covenant on Civil and Political Rights, the
instrument most relevant to cases concerning the death penalty is the
“Safeguards guaranteeing protection of the rights of those facing the death
penalty”, adopted by the Economic and Social Council in resolution 1984/SO of
25 May 1984. This instrument provides expressly that the death penalty may
only be carried out after a trial “which gives all possible safeguards to
ensure a fair trial, at least equal to those contained in article 14 of the
International Covenant on Civil and Political Rights”, reaffirms the standards
contained in the International Covenant on Civil and Political Rights
concerning persons under the age of 18 and pregnant women, and adds certain
other restrictions, in particular in paragraph 3, which provides that the
death penalty shall not be carried out on persons who have become insane.
51. The Economic and Social Council, in resolution 1989/65 of 24 May 1989 on
implementation of the safeguards guaranteeing protection of the rights of
those facing the death penalty, inter alia recommends that States further
strengthen the protection of those charged with off ences for which the death
penalty exists by allowing time and facilities for the preparation of their
defence, eliminating the death penalty for mentally retarded persons,
providing for a mandatory appeal or review with provisions for clemency or
pardon in all cases.
S2. The imposition of the death penalty for crimes committed by persons under
the age of 18 is also prohibited by article 37 (a) of the Convention on the
Rights of the Child and rule 17.2 of the United Nations Standard Minimum Rules
for the Administration of Juvenile Justice (The Beijing Rules) , adopted by the
General Assembly in resolution 40/33 of 29 November 198S.
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53. The views of the Human Rights Committee in the case of Canton Reid v.
Jamaica, contained in its communication No. 250/1987, adopted on 20 July 1990
(A/45/40, vol. II, chap. IX, sect. J), concerning the right of persons accused
of a capital offence to legal assistance and the right to appeal, have also
been taken into consideration by the Special Rapporteur.
B. DEATHS IN CUSTODY
54. The Special Rapporteur receives many allegations concerning deaths in
custody under different circumstances. When the death results from torture or
other deliberate mistreatment, article S of the Universal Declaration of Human
Rights and article 7 of the International Covenant on Civil and Political
Rights are relevant. In addition, the Special Rapporteur takes into account
the Declaration on the Protection of All Persons from Being Subjected to
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted
by the General Assembly in its resolution 3452 (XXX) of 9 December 1975, and
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, adopted by the General Assembly in its resolution 39/46
of 10 December 1984.
55. If the death appears to have been due to the use of force, for example to
prevent escape or control a disturbance, principles 15 and 16 of the Basic
Principles on the Use of Force and Firearms by Law Enforcement Officials and
article 3 of the Code of Conduct for Law Enforcement Officials, adopted by the
General Assembly in resolution 34/169 of 17 December 1979, are relevant.
56. If the death results from other causes, such as starvation or lack of
medical care, the Special Rapporteur takes into account the Standard Minimum
Rules for the Treatment of Prisoners, adopted by the First United Nations
Congress on the Prevention of Crime and the Treatment of Offenders and
approved by the Economic and Social Council in its resolutions 663 C (XXIV) of
31 July 1957 and 2706 (LXII) of 13 May 1977, the Basic Principles for the
Treatment of Prisoners, adopted by the General Assembly in its
resolution 45/111 of 14 December 1990, and the Body of Principles for the
Protection of All Persons under Any Form of Detention or Imprisonment, adopted
by the General Assembly in its resolution 43/173 of 9 December 1988.
57. With regard to the treatment of prisoners under 18 years of age, the
Special Rapporteur also takes into consideration rules 13.5 and 27.2 of the
United Nations Standard Minimum Rules for the Administration of Juvenile
Justice (The Beijing Rules) and article 37 of the Convention on the Rights of
the Child.
C. DEATHS DUE TO THE USE OF FORCE BY LAW ENFORCEMENT OFFICIALS
58. Deaths due to the use of force by law enforcement officials, in response
to public demonstrations or communal violence, for example, constitute an
important category of cases brought before the Special Rapporteur. The main
instrument taken into consideration in such cases is the Basic Principles on
the Use of Force and Firearms by Law Enforcement Officials. These provide
that law enforcement officials, in carrying out their duties, shall, as far as
possible, apply non-violent means and shall use force only when it is
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unavoidable, for example for self-defence or the defence of others against the
imminent threat of death or serious injury. Such force must be proportional
to these objectives as well as the seriousness of the crime and must minimize
damage and injury. Force may only be used when less extreme means are
insufficient. Also relevant is article 3 of the Code of Conduct for Law
Enforcement Officials, which provides that “law enforcement officials may use
force only when strictly necessary and to the extent required for the
performance of their duty” .
59. Of particular relevance in the context of demonstrations or other
assemblies are principles 12 to 14 of the Basic Principles on the Use of Force
and Firearms by Law Enforcement Officials which prohibit the use of force
against participants in lawful and peaceful assemblies. Force may only be
used to the minimum extent necessary in the dispersal of unlawful assemblies.
D. VIOLATIONS OF THE RIGHT TO LIFE DURING ARMED CONFLICTS
60. The Special Rapporteur receives many allegations concerning
extrajudicial, summary or arbitrary executions during armed conflicts. In
considering and acting on such cases, the Special Rapporteur takes into
account the Geneva Conventions of 12 August 1949 and the Additional Protocols
thereto of 1977. Of particular relevance are common article 3 of
the 1949 Conventions, which protects the right to life of members of the
civilian population as well as combatants who are injured or have laid down
their arms, and article 51 of Additional Protocol I and article 13 of
Additional Protocol II concerning the protection of the civilian population
against the dangers arising from military operations.
61. With regard to the situation of children and women in armed conflicts,
the Special Rapporteur also takes into account articles 38, paragraphs 1
and 4, of the Convention on the Rights of the Child, by which State Parties
undertake to respect and to ensure respect for the rules of international
humanitarian law applicable to children in armed conflicts, and the
Declaration on the Protection of Women and Children in Emergency and Armed
Conflict, adopted by the General Assembly in its resolution 3318 (XXIX)
of 14 December 1974. This resolution provides that States shall ensure that
the suffering inflicted upon women and children in situations of armed
conflict is restricted to the minimum and that their inalienable rights are
ensured, in accordance with international law.
E. EXPULSION OF PERSONS TO A COUNTRY WHERE
THEIR LIVES ARE IN DANGER
62. The Special Rapporteur has received some allegations concerning the
imminent expulsion of refugees or asylum seekers to their country of origin,
in circumstances where they would be in serious danger of execution upon their
return. In responding to such allegations, the Special Rapporteur takes into
account principle S of the Principles on the Effective Prevention and
Investigation of Extra-legal, Arbitrary and Summary Executions, which provides
that “no one shall be involuntarily returned or extradited to a country where
there are substantial grounds to believing that he or she may become a victim
of extra-legal, arbitrary or summary execution in that country”.
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63. Where pertinent, the Special Rapporteur also takes into account
article 14 of the Universal Declaration of Human Rights, which recognizes the
right to asylum. If the persons concerned are refugees, the Convention
relating to the Status of Refugees of 1951 may also be relevant. Article 33
of that Convention prohibits the refoulement (or forcible return) of a refugee
to a territory “where his life or freedom would be threatened on account of
his race, religion, nationality, membership of a particular social group or
political opinion”. The United Nations High Commissioner for Refugees
considers that the principle of non-refoulement forms part of customary
international law.
F. OBLIGATION TO INVESTIGATE
64. On several occasions, the Special Rapporteur has received allegations
that States have not taken any steps to investigate violations of the right to
life and to identify and bring to justice those responsible. In such cases,
the Special Rapporteur takes into consideration principles 9 to 19 of the
Principles on the Effective Prevention and Investigation of Extra-legal,
Arbitrary and Summary Executions provide that a thorough, prompt and impartial
investigation of all suspected cases of extrajudicial, arbitrary or summary
executions must be carried out in order to determine the cause, manner and
time of death and the person(s) responsible and that such findings shall be
made public. Persons identified by the investigation as having participated
in such executions in any territory under the State's jurisdiction shall be
brought to justice. Investigative offices and procedures shall be maintained
to undertake investigations, and complainants, witnesses, those conducting the
investigation and their families shall be protected from violence or any other
form of intimidation.
65. As regards deaths as a result of excessive use of force, the Special
Rapporteur also takes into account the Basic Principles on the Use of Force
and Firearms by Law Enforcement Officials. Principle 7 provides that
arbitrary or abusive use of force and firearms by law enforcement officials is
to be punished as a criminal offence under national law.
66. In May 1991, the Crime Prevention and Criminal Justice Branch of the
United Nations Centre for Social Development and Humanitarian Affairs
published a document of major importance for guaranteeing the right to life.
Entitled Manual on the Effective Prevention and Investigation of Extra-legal,
Arbitrary and Summary Executions (ST/CSDHA/12), it lays down procedures for
conducting investigations into extra-legal executions or killings. The
Special Rapporteur urges all Governments to incorporate these procedures into
national legislation and practice, as well as in training programmes for law
enforcement officials.
G. GENOCIDE
67. Article II of the Convention on the Prevention and Punishment of the
Crime of Genocide, approved by the General Assembly in its
resolution 260 A (III) of 9 December 1948 and in force since 12 January 1951,
lists a number of acts of genocide, including killing members of a national,
ethnic, racial or religious group with intent to destroy this group, as a
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whole or in part. Genocide, conspiracy to commit genocide, direct and public
incitement to commit genocide, attempt to commit genocide and complicity in
genocide are punishable under article III of the Convention.
H. THE RIGHTS OF VICTIMS
68. The Declaration of Basic Principles of Justice for Victims of Crime and
Abuse of Power, recommended for adoption by the Seventh United Nations
Congress on the Prevention of Crime and the Treatment of Offenders and adopted
by the General Assembly in its resolution 40/34 of 29 November 1985, is also
relevant to the mandate of the Special Rapporteur. In particular,
principle 11 provides that “where public officials or other agents acting in
an official or quasi-official capacity have violated national criminal laws,
the victims should receive restitution from the State whose officials or
agents were responsible for the harm inflicted”. It should be noted that the
term “victim” includes “the immediate family or dependants of the direct
victim” (principle 2) . Also relevant are principles 18 and 19, concerning
abuse of power, and principle 6, concerning the participation of victims in
legal proceedings to obtain redress for the injury suffered. Thus far, the
number of cases in which the Special Rapporteur has received information
concerning compensation for the families of victims of extrajudicial, summary
or arbitrary executions is very small.
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III. ACTIVITIES
69. Since assuming his functions, the Special Rapporteur has carried out a
number of different activities, including those referred to below.
A. Consultations
70. The Special Rapporteur visited Geneva from 16 to 20 June 1992, from 17 to
21 August 1992 and from 23 to 30 November 1992. During those periods, he held
consultations with the Secretariat and with other special rapporteurs of the
Commission on Human Rights. He also met with a number of government
representatives and consulted with representatives of non-governmental
organizations. During his visit in November 1992, he held meetings with
representatives of regional groups represented in United Nations bodies.
71. In addition, from 2 to 6 November 1992, the Special Rapporteur
participated in the Regional Meeting for Africa held in the context of the
preparations for the World Conference on Human Rights.
B. Communications
72. As in the past, the Special Rapporteur has received an enormous amount of
information; some referred to the phenomenon of extrajudicial, summary or
arbitrary executions in general, and some consisted of allegations of
violations of the right to life in particular cases.
Urgent appeals
73. The Special Rapporteur has responded to the information that has come
before him by sending urgent appeals to the Governments concerned in cases of
death threats, fear of imminent extrajudicial, summary or arbitrary
executions, or particularly grave incidents of violations of the right to
life, especially abuse of force. In each urgent appeal, the Special
Rapporteur recalled to the Government concerned the norms and principles
guaranteeing the right to life of every person, as provided for in
international human rights instruments. The Special Rapporteur requested the
competent authorities to carry out a full, independent and impartial
investigation in order to determine the cause and circumstances of the case
and to identify and bring to justice those responsible. The Special
Rapporteur also asked to be provided with information on such proceedings, the
decisions taken as a result thereof and any measures adopted, as a
consequence, to ensure respect for, and effectively protect, the right to life
in the future.
74. In so far as the urgent appeal concerned the imminent execution of death
sentences, the Special Rapporteur also recalled to the Government concerned
the internationally recognized restrictions on the application of capital
punishment and urged the authorities to ensure that those facing the death
penalty were able to benefit from all the guarantees provided for in the
pertinent international standards, in particular with regard to fair trial
procedures, the right to adequate defence and the right to appeal and to seek
pardon or commutation of the sentence.
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75. The Special Rapporteur also sent a number of urgent appeals in cases of
alleged abuse of force by members of security forces against participants in
demonstrations and manifestations. In these cases, the Special Rapporteur
drew the attention of the Governments concerned to the restrictions on the use
of force and firearms contained in the pertinent international instruments,
requesting them to inform him about all steps and measures taken to ensure
that these norms and principles would be respected so as to prevent the
recurrence of such incidents in the future.
76. Where pertinent, the Special Rapporteur also referred to the
international instruments prohibiting the use of torture and any other form of
cruel or inhuman treatment and appealed to the authorities to ensure adequate
conditions of detention, in particular with regard to medical attention, so as
to protect the right to life and physical integrity of detainees.
77. The Special Rapporteur has sent 143 urgent appeals, concerning the
alleged violation of the right to life of more than 1,500 persons, to the
following countries: Afghanistan, Azerbaijan, Bangladesh, Brazil, Burundi,
Cameroon, Chad, Chile, China, Colombia, Cuba, Dominican Republic, El Salvador,
Equatorial Guinea, Ethiopia, Guatemala, Haiti, Honduras, India, Iran (Islamic
Republic of) , Iraq, Israel, Malawi, Malaysia, Mexico, Morocco, Myanmar, Peru,
Philippines, Rwanda, Saudi Arabia, South Africa, Sri Lanka, Sudan, Thailand,
Togo, Turkey, Ukraine, United States of America, Venezuela, Yemen and Zaire.
The present report reflects all the urgent appeals sent by the Special
Rapporteur until 11 December 1992.
Other allegations
78. In addition, the Special Rapporteur transmitted information of a less
urgent character, concerning the alleged extrajudicial, summary or arbitrary
execution of more than 1,900 persons, to the following countries: Angola,
Bangladesh, Brazil, Burundi, Cambodia, Chad, China, Colombia, Cuba, Egypt,
El Salvador, Equatorial Guinea, Ghana, Guatemala, Haiti, Honduras, India,
Iran, (Islamic Republic of) , Israel, Kenya, Lesotho, Malawi, Mali, Mexico,
Myanmar, Nepal, Pakistan, Paraguay, Peru, Philippines, Rwanda, South Africa,
Sri Lanka, Sudan, Thailand, Togo, Tunisia, Turkey, United States of America
and Venezuela.
79. The Special Rapporteur requested cooperation by the Governments concerned
in clarifying the substance of the allegations transmitted. Where applicable,
Governments were asked to provide, in particular, the following information:
(a) Whether the allegations were factually accurate;
(b) Any other factual circumstances that should be taken into account
in assessing the implications of the allegations;
(c) The cause of death as indicated in the death certificate, and the
results of the autopsy, if any, together with the identity of the responsible
person or agency;
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(d) The court, agency or other competent body which had been, or was,
responsible for investigation of the allegations and/or the prosecution of
those responsible;
(e) The identity of the person or persons, group or unit responsible
for the killing, if known, as well as the identity of any military, police,
paramilitary, civil defence or similar body, or armed group not under
government control, to which those responsible belonged;
(f) The decision on a complaint, the grounds for the decision and any
disciplinary or criminal sanctions imposed, and information as to whether or
not the measure(s) imposed were final;
(g) The present status of any investigation or legal action not yet
completed;
(h) The nature and amount of any compensation made to the family of the
victim;
(i) In the event that the investigation had not been completed, the
responsible parties had not been identified, prosecuted or punished, or
compensation had not been paid, the reasons why such was the case;
(j) Any other information or observations which the Government
concerned deemed pertinent.
80. These cases were sent to the Governments concerned between 31 August
and 18 September 1992. Allegations of extrajudicial, summary or arbitrary
executions which were received by the Special Rapporteur at a later date and
which did not warrant an urgent intervention will be considered in his report
to the Commission on Human Rights at its fiftieth session. They will be
transmitted to the Governments concerned early in 1993.
Follow-up
81. Pursuant to the request for follow-up made to the Special Rapporteur by
the Commission on Human Rights in its resolution 1992/72, a series of letters
were sent to Governments in October 1992 concerning cases which had been
transmitted to them in 1991. These letters referred to cases in which no
reply at all had been received from the Governments and to allegations for
which the replies provided could not be considered as final. This applied, in
particular, where Governments informed the Special Rapporteur that
investigations had been initiated but were still under way. The Special
Rapporteur welcomes the fact that efforts were made to carry out inquiries
into the allegations transmitted and to identify and bring to justice those
responsible for extrajudicial, summary or arbitrary executions. However,
without knowing the final decisions taken as the result of such proceedings,
it is very difficult for him to evaluate these endeavours.
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82. The following countries had not replied at all to the cases transmitted
in 1991: Albania, Bolivia, Burkina Faso, Burundi, Chad, Dominican Republic,
Egypt, Ethiopia, Grenada, Israel, Jamaica, Lesotho, Madagascar, Malaysia,
Mauritania, Mexico, Niger, Nigeria, Paraguay, South Africa, Suriname, Togo,
United Republic of Tanzania, United States of America, Yemen and Zaire.
83. The following countries had provided replies to some of the cases:
Argentina, El Salvador, Indonesia, Iran (Islamic Republic of), Jordan, Kuwait,
Nicaragua and Philippines.
84. The following countries had provided replies to some or all of the cases,
informing the Special Rapporteur that investigations were still under way:
Brazil, Colombia, Ecuador, Guatemala, Morocco, Myanmar, Peru, Rwanda, Sudan,
Trinidad and Tobago, Tunisia, Turkey and Venezuela.
85. The Governments of China, Cuba and Pakistan had supplied the Special
Rapporteur with replies that dealt in some detail with the legislation and
practice concerning capital punishment in those countries.
86. The Governments concerned were invited to provide the Special Rapporteur
with updated information on the cases in question. Given the late date of the
transmittal to the Governments of these letters, a full assessment of the
replies received will be included in the Special Rapporteur's report to the
Commission on Human Rights at its fiftieth session.
87. A more detailed account of the follow-up action taken by the Special
Rapporteur is included in chapter IV, within the description of the specific
country situations.
C. Visits
88. During the first six months of his mandate, the Special Rapporteur twice
accompanied the Special Rapporteur of the Commission on Human Rights on the
situation of human rights in the former Yugoslavia on field missions to
Croatia, Bosnia and Herzegovina and Yugoslavia, from 21 to 26 August 1992 and
from 14 to 22 October 1992. An account of these visits is contained in
chapter V.
89. The Special Rapporteur has received an invitation from the Government of
Peru to visit that country. After consultations with representatives of the
Peruvian Government, this visit has been scheduled for May/June 1993.
90. The Government of Turkey has, in principle, agreed to a visit by the
Special Rapporteur, to be carried out in the future at a date yet to be fixed.
The Government of Bangladesh, on the other hand, in response to an initiative
by the Special Rapporteur to seek an invitation for an on-site visit to that
country, has stated that this would not be considered appropriate (see below
para. 116) . The Special Rapporteur has also solicited invitations to carry
out an on-site mission to China.
91. The Special Rapporteur will continue to seek cooperation with all
Governments and hopes to be able to carry out field missions in the future.
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IV. SITUATIONS
A. General
92. In this chapter, the Special Rapporteur gives an account of the reports
and allegations that have come before him concerning extrajudicial, summary or
arbitrary executions. It describes the way he has dealt with this information
by sending urgent appeals and letters to the Governments concerned as well as
the replies he has received. Where applicable, follow-up action taken by the
Special Rapporteur is also mentioned.
93. It may be noted that the dates of urgent appeals sent by the Special
Rapporteur and of communications received from Governments are included in
parenthesis at the end of the respective paragraphs. The communications
described as “other allegations” were sent between 31 August 1992
and 18 September 1992. Allegations of extrajudicial, summary or arbitrary
executions received by the Special Rapporteur at a later date will be dealt
with in his report to the Commission on Human Rights at its fiftieth session.
Follow-up letters were sent to the Governments concerned in October 1992 (see
above, para. 81) .
94. All communications received from Governments before 11 December 1992 were
taken into consideration in the preparation of the present report. Replies
and other information that have reached the Special Rapporteur at a later date
will be included in his report to the Commission on Human Rights at its
fiftieth session.
B. Country situations
Afghanistan
95. The Special Rapporteur has received reports about public executions of
death sentences in the Islamic State of Afghanistan following the change of
Government in April 1992. Islamic courts were set up in May and all laws not
in conformity with their interpretation of Islamic injunctions declared void.
As a consequence, it was reported, the death penalty could now be imposed for
crimes that were not sanctioned with capital punishment before. It was also
alleged that those convicted and executed were not given the possibility to
appeal to a higher court or to seek pardon.
Communications sent by the Special Rapporteur
96. The Special Rapporteur sent an urgent appeal to the Government of the
Islamic State of Afghanistan, after he had received reports that
Sayed Sakander, Mohammad Gul and Mohammad Raf it had been publicly hanged in
Kabul on 7 September 1992. They had reportedly been convicted and sentenced
to death for looting, robbery and murder by an Islamic court in Kabul.
According to the source, they had been tried in camera , and they had had no
right to appeal against their sentence to a higher court. On 7 June 1992,
E/cN. 4/1993/46
page 23
four members of the militia had also been hanged publicly after having been
sentenced to death by an Islamic court. A government spokesman reportedly
announced more executions to follow as similar cases were pending before
Islamic courts (21 September 1992) .
Communications received from the Government
97. At the time of the preparation of the present report, no communications
had been received from the Government of Afghanistan.
Albania
Follow-up on allegations transmitted in 1991
98. The Special Rapporteur sent a letter to the Government of Albania
following up on allegations of extrajudicial, summary or arbitrary executions
transmitted to that country in 1991, for which no replies had been received
(see E/CN.4/1992/30, paras. 38-41).
Angola
99. The Special Rapporteur has received reports according to which human
rights violations, including extrajudicial, summary or arbitrary executions,
continue to occur in Angola despite the cease-fire agreed in May 1991 between
the Government of Angola and the Uniao Nacional para a Independ ncia Total de
Angola (UNITA) . A recrudescence of violence in Angola was reported in October
and November 1992.
Communications sent by the Special Rapporteur
100. The Special Rapporteur transmitted to the Government of Angola the case
of Francisco Dos Santos Queiros, who reportedly died on 28 May 1992 as a
result of injuries suffered during interrogation at the 10th Squadron police
station in Bairo Cazanga, Luanda, where he had allegedly been subjected to
severe beating (18 September 1992) . A copy of these allegations was sent to
the United Nations Angola Verification Mission (UNAVEM) in Angola.
Communications received from the Government
101. At the time of the preparation of the present report, no communications
have been received from the Government of Angola.
Argentina
Follow-up on allegations transmitted in 1991
102. The Special Rapporteur sent a letter to the Government of Argentina
following up on allegations of extrajudicial, summary or arbitrary executions
transmitted to that country in 1991 (see E/CN.4/1992/30, paras. 48-53) . The
Government of Argentina had replied on some of these cases. With regard to
the remaining allegations, for which no replies had been received, the Special
Rapporteur requested to be provided with information.
E/CN. 4/1993/46
page 24
Azerbaij an
Communications sent by the Special Rapporteur
103. The Special Rapporteur sent an urgent appeal to the Government of
Azerbaijan after receiving information according to which Grachik Petrosyan,
Gagik Arutyunyan, Arno Mkrtchyan, Arvid Mangasaryan and Garnik Arustamyan had
been convicted of murder and sentenced to death by the Supreme Court of
Azerbaijan on 19 March 1992. Having been tried by the Supreme Court, they
were allegedly deprived of the right to appeal (4 August 1992) .
Communications received from the Government
104. At the time of the preparation of the present report, no communications
had been received from the Government of Azerbaijan.
Bangladesh
105. The Special Rapporteur has received a number of reports concerning the
occurrence of human rights violations, including extrajudicial, summary or
arbitrary executions, in the Chittagong Hill Tracts, a remote area under
military control in south-east Bangladesh, traditionally inhabited by tribal
people known as Jumma.
106. Since the mid-1970s, the Shanti Bahini, the armed wing of the tribal
political organization Jana Shanghati Samiti (People's Solidarity Association)
aiming at regional autonomy, has been operating in the area. The
Shanti Bahini are said to be responsible for a large number of killings.
However, it has been reported to the Special Rapporteur that many deaths of
civilians - mostly tribal people - occurred in the context of the
counter-insurgency policy pursued by the Government of Bangladesh. Those
allegedly responsible for extrajudicial, summary or arbitrary executions,
which are often said to take place in reprisal for attacks by the Shanti
Bahini, are the armed forces, civil defence groups called “village defence
guards” and paramilitary forces linked to the Government, such as the
Bangladesh Rifles or the “Ansar” guards.
107. Sometimes killings are reportedly carried out by Bengali settlers who
were brought to the Chittagong Hill Tracts under a settlement strategy that
was described as a part of the Government's counter-insurgency policy. These
settlers were said to operate with the complicity or acquiescence of the
security forces.
108. It was further alleged that, in most cases, human rights abuses are not
investigated. In part, this is said to be due to the lack of civil
administration and the restriction of movement in the Chittagong Hill Tracts.
109. Furthermore, the Special Rapporteur has received reports about deaths in
police and military custody, allegedly caused by torture.
E/cN. 4/1993/46
page 25
Communications sent by the Special Rapporteur
110. The Special Rapporteur transmitted to the Government of Bangladesh
allegations according to which at least 280 people had died as victims of
extrajudicial, summary or arbitrary executions. In 77 cases, the victims were
said to be minors. By sending two urgent appeals, the Special Rapporteur
intervened on behalf of more than 203 people. The remaining 77 cases were
transmitted in a separate letter. Three communications were received from the
Government on the situation in the Chittagong Hill Tracts, and, more
specifically, the allegations transmitted in the second urgent appeal.
Urgent appeals
111. The Special Rapporteur intervened after receiving information according
to which a group of 15 tribal people had been arrested by members of the armed
forces on 14 January 1992 during the campaign for local elections in the
Chittagong Hill Tracts. They were reportedly taken to Baraitali army camp,
where 11 persons were said to have been released. Allegedly, one of those
arrested, Abiran Chakma, died at Baraitali army camp after having been
subjected to torture. Fears were expressed for the lives of the remaining
three prisoners, Kanti Charan Chakma (19) , Bandi Charan Chakma (17) and
Tungo Chakma (24 June 1992) .
112. The Special Rapporteur sent a second urgent appeal to the Government of
Bangladesh after he had received reports that at least 200 unarmed civilians
of the “Logang cluster village” had been killed on 10 April 1992 by a mob
composed of Bengali settlers, members of the Village Defence Party and “Arisar”
guards. The killings were reportedly motivated by revenge for the murder of a
Bengali youth by the Shanti Bahini. The Bangladesh Rifles reportedly also
arrived at the scene and surrounded the village to prevent people from
escaping. Allegedly, police and security personnel hindered an independent
investigation of the incident. A list with the names of 167 victims reported
to the Special Rapporteur may be consulted in the files of the Secretariat
(29 July 1992) .
113. In connection with this incident, the Special Rapporteur communicated to
the Government of Bangladesh his wish to conduct an on-site mission to that
country with a view to obtaining a full view of the situation, reporting
thereon to the Commission on Human Rights and providing recommendations to
help find a solution to the problem affecting the Chittagong Hill Tracts and
prevent such incidents for the future.
Other allegations
114. The Special Rapporteur transmitted to the Government of Bangladesh
allegations concerning the extrajudicial, summary or arbitrary execution
of 77 persons in the Chittagong Hill Tracts (31 August 1992) :
(a) Shagor Basha Chakma, Buddho Chakma, Shanti Chakma and Gyan Roton
Chakma were reportedly killed on 30 March 1992 when military personnel started
firing at random in the tribal village of Boshontopara, Bulukhali Union,
Rangamati District;
E/CN. 4/1993/46
page 26
(b) JIIupam Chakma (22), Borohuls Chakma (50), Mosi-tJ-Marma (20),
Aungmrachu Marma (40) , Sashi Mohan Chakma (65), Nilmni Chakma (32) and
Dhaleswari Chakma (55) were reportedly killed when the tribal village of
Choto Dalu was attacked on 30 May 1992 by Bengali settlers and members of the
village defence guards, allegedly instigated by the military. Law-enforcement
personnel reportedly observed the incident without intervening;
(c) Thirty-one persons were reportedly killed on 2 February 1992 when a
bomb exploded on a motor boat which was on its way to Rangamati town. Members
of the armed forces were said to have been responsible for the explosion.
Thirty more tribal people were allegedly killed by Bengali settlers when they
tried to swim to the shore;
(d) Three persons were reportedly killed on 18 August 1992 in
Chotodarogat when policemen shot at random into a crowd of people who had
gathered around a shop in which a policeman accused of attempted robbery was
held;
(e) JIIiran Chakma was reportedly killed on 15 January 1992 while in
military custody in Baraitali army camp (see above, para. 111) , allegedly
after having been subjected to torture. It was further alleged that no
inquiry into the case had been opened;
(f) A man named Shukchand reportedly died on 20 March 1992 while in
police custody in the village of Bheramara, Kushtia District. He was said to
have been arrested after an incident in which members of the Range Reserve
Police Force had allegedly opened fire on a crowd of people in Beshamara.
Allegedly, no judicial or disciplinary measures have been taken in relation
with his death.
Communications received from the Government
115. The Government of Bangladesh provided the Special Rapporteur with general
information on the situation in the Chittagong Hill Tracts. Efforts made by
the Government to find a peaceful and constitutional solution to the problem
of full integration of the tribal population in these areas, which accounts
for 0.4 per cent of the total population of Bangladesh, were said to be
continuously frustrated by a small group of tribal terrorists, the Shanti
Bahini. It was stated that the Government had responded with a very
restrained use of force to restore law and order in the area and to secure the
life and property of the members of smaller tribes and the non-tribal
population. Law enforcement agencies in the hill districts of Chittagong were
operating under close supervision of the civil administration (6 July 1992) .
116. In a more specific communication, in reply to the Special Rapporteur's
urgent appeal concerning the massacre at Logang cluster village (see above
para. 112), the Government of Bangladesh stated that the killing of some
people in an attack by the Santi Bahini had led to a mob reprisal on
10 April 1992. Under the Commission of Enquiry Act 1956, a one-member
judicial commission consisting of Justice Sultan Hussain Khan was instituted
E/cN. 4/1993/46
page 27
to investigate the incident and determine the responsibilities. The Logang
incident being an act of civil violence, and given the fact that a judicial
inquiry was in process, the Government expressed its view that a visit by the
Special Rapporteur would not be appropriate (9 September 1992) .
117. In November 1992, the Government of Bangladesh informed the Special
Rapporteur that the Enquiry Commission had submitted its report, which had
been made public by the Government. The Enquiry Commission had, inter alia ,
clearly established that “not a single case of extrajudicial execution ... or
extralegal detention had been brought to the notice of the Commission”. It
also stated that the number of deaths of tribal people had been “inflated and
magnified in a section of international press”; they did “not exceed more than
12 tribals and the number of huts burnt were admittedly about 500”. The
Commission also established responsibility for the incident and recommended
that the case should be thoroughly investigated by competent police officers
of the Criminal Investigations Department (CID) . The Government declared
itself fully satisfied with the findings and recommendations of the Commission
and reiterated that no useful purpose would be served by any further
investigation (24 November 1992) .
118. Pursuant to Commission on Human Rights resolution 1992/42, the Government
of Bangladesh supplied information about acts of violence, including killings
of tribal people and bomb attacks against villages, committed by tribal
terrorists in the hill districts of Bardarban, Khagrachari and Rangamati
between 12 December 1991 and 26 February 1992. The Government of Bangladesh
also provided details about a total of 785 incidents of Shanti Bahini violence
in the Chittagong Hill Tracts from 1976 to 1991.
Bhutan
Follow-up on allegations transmitted in 1991
119. In reply to the allegations transmitted by the Special Rapporteur in
1991, the Government of Bhutan had requested more detailed information so as
to be in a position to conduct investigations into the alleged extrajudicial,
summary or arbitrary execution of 185 persons (see E/CN.4/1992/30, para. 58).
The Special Rapporteur requested the source of these allegations to provide
him with additional details. Since the source did not supply any information,
the Special Rapporteur considered that, at that stage, it was not possible to
arrive at any conclusion as to the merits of the case and therefore decided
not to pursue the matter further.
Bolivia
Follow-up on allegations transmitted in 1991
120 The Special Rapporteur sent a letter to the Government of Bolivia
following up on allegations of extrajudicial, summary or arbitrary executions
transmitted to that country in 1991, for which no replies had been received
(E/cN.4/1992/30, paras. 62-63).
E/CN. 4/1993/46
page 28
Brazil
121. The reports and allegations received by the Special Rapporteur indicate
that violence arising out of land conflicts and violence against children and
adolescents continue to be, as in former years, the main causes of
extrajudicial, summary or arbitrary executions in Brazil.
122. Rural violence is said to be rooted in the concentration of land
ownership and income in the hands of a small number of rich and powerful
landowners. This impedes the access of a larger number of people to small
property and hinders modernization of the rural economy. Peasants, trade
unionists and their advisers, human rights workers and other activists for
agrarian reform are the main targets of human rights violations, which include
death threats, assaults, abductions and killings. Often these are perpetrated
by pistoleiros , gunmen hired by landowners. In some cases the involvement of
members of the police was alleged. In spite of a new “Programa da Terra”
(Plan for Land) announced by the Brazilian Government in January 1992, several
reports indicate that little progress has been made to curb rural violence and
promote land reform. In many cases it was alleged that the pistoleiros and
police involved in human rights violations enjoy a high degree of impunity, as
the authorities reportedly fail to investigate most of these cases and to
provide effective protection to potential victims.
123. Violence against children and adolescents was described as the second
major cause of death threats and extrajudicial, summary or arbitrary
executions in Brazil. According to figures published by the Federal Police,
there were 4,611 recorded killings of children and adolescents between 1988
and 1990. According to the Centro da Articula9ao de Popula9oes Marginalizadas
(CEAP) , 442 children were killed in 1991. According to the reports received
by the Special Rapporteur, street children are threatened, beaten, tortured -
sometimes to death - and killed, either by police, death squads or private
security agents virtually every day. Various sources report that only in very
few cases are violators of the human rights of children brought to justice.
The climate of impunity in which they act is said to be fostered by the
absence of protection for witnesses and human rights workers, the collusion of
some members of the police and the judiciary with members of death squads and
long delays in judicial proceedings.
Communications sent by the Special Rapporteur :
124. The Special Rapporteur communicated to the Government of Brazil
allegations concerning violations of the right to life of at least 149
persons, four of them minors. Nine cases allegedly constituted violations of
the rights to freedom of opinion and expression, peaceful assembly and
association. By sending 14 urgent appeals, the Special Rapporteur intervened
on behalf of at least 144 persons. The remaining five cases were transmitted
in a separate letter. The Government replied to almost all allegations,
providing information concerning 137 persons (dates of communications in
brackets) .
E/cN. 4/1993/46
page 29
Urgent appeals
125. The persons listed below had reportedly received death threats or
suffered attempts against their lives by pistoleiros :
(a) Atanangildo de Deus (“Gatao”) , leader of the Federation of
Agricultural Workers (FETAGRI) , and Expedito Pinheiro, peasant, after pressing
for a thorough inquiry into the circumstances of the disappearance of two
peasants, Domingos Mendes Cardoso and Joao, on 4 January 1992, in the region
of Pimanteira, near Marab , state of Pars (24 June 1992) ;
(b) Josefa Batista de Oliveira, her brother (first name unknown) ,
Dimas S. Souza Neves and Leila S. Jacob Bisinoto, all four human rights
workers at the Dom Maximo Biennes Diocesan Human Rights Centre in the city of
C ceres, State of Mato Grosso, on 10 and 27 April 1992 (25 June 1992) ;
(c) Mariano Domingos Freire, one of the leaders of the Associa9ao dos
Pequenos Agricultores de Matagipe (Association of Smallholders of Matagipe) ,
after demanding compensation for peasants who had lost their land owing to the
construction of a hydroelectric dam in the region of Matagipe, on
10 April 1992 (25 June 1992) ;
(d) Jose Alves de Souza, Antonio Fernandes Pereira and Isaias Mendo9a
Araujo, members of the Sindicato de Trabalhadores Rurais (Rural Workers Union)
of Sitio Novo in the region known as Bico do Papagaio, Tocantins. Following
death threats and two attempts against the life of Mr. Alves de Souza in 1985
and 1991, they were reportedly placed under police protection, which was
withdrawn later in 1991 although they had been informed by police that they
should beware because they were on a death list. A third attempt on
Mr. Alves de Souza's life reportedly took place on 10 April 1992
(25 June 1992) ;
(e) Rafael Jose Dos Santos, Cicero da Concei9ao Dos Santos, Damiao da
Concei9ao Dos Santos and Jose Cosme da Concei9ao Dos Santos (14), all four
sugar cane workers at the Usina Grande Vale, in the municipality of Neopolis,
state of Sergipe, after they refused to leave their factory-owned homes before
they were paid outstanding wages, on several occasions since March 1992
(17 July 1992) ;
(f) Jose Galindo and 2IIdr Luis Costa de Pula, President and legal
advisor of the association Moradores do Barrio dos Metas, on repeated
occasions in July 1992, after they had initiated proceedings aiming at the
prosecution of two police officers allegedly involved in an attempt against
the life of Claudio Dos Santos, former president of the association
(27 July 1992) ;
(g) Nivaldo Vieira do Nascimento, a member of the Comissao Pastoral da
Terra (CPT) and the Rural Workers Union of Concei9ao do Araduaia, State of
Pars, on 13 August 1992 (16 November 1992) ;
E/CN. 4/1993/46
page 30
(h) Luiz Francisco Fartas Moura, “Didi”, an activist of the Rural
Workers Union of Buriti, Bico do Papagaio, Tocantins, in September 1992
(25 September 1992) .
126. The following persons had reportedly received death threats in connection
with violence against children and adolescents:
(a) Marilene Lima de Souza, Vera Li cia Flores, Edm ia da Silva Eusebio,
Denise Vasconcelos, Euzilar Joana da Silva Oliveira, Edn ia Santos Cruz and
Teresa Souza Costa, the mothers of some of the 11 children who had
“disappeared” on 26 July 1992 from a farm in Mag , State of Rio de Janeiro,
having being abducted by a group of armed men, after denouncing the kidnapping
and actively campaigning for an investigation (4 March 1992) ;
(b) Carlos Alberto Ivanir Dos Santos, Executive Secretary of CEAP, and
human rights workers at the CEAP headquarters in Rio de Janeiro, on several
occasions throughout 1992. On 13 June 1992, they were reportedly threatened
with death if they did not refrain from denouncing acts of violence against
street children. On 24 August 1992, Mr. Dos Santos was allegedly shot at by an
officer of the Military Police who accused him of being a drug trafficker.
The bullet reportedly missed him (17 July 1992) ;
(c) Various collaborators of non-governmental organizations working with
“street children” also reportedly received anonymous death threats in
September 1992. One street educator, Jorge Antonio de Oliveira Filho of the
Brazilian Institute for Social Health Innovations (IBISS) , died on
5 November 1992 in circumstances that suggest the implication of police.
After his death further death threats against collaborators of the institute
and “street children” were received daily at IBISS offices (4 December 1992) .
127. The Special Rapporteur also sent an urgent appeal on behalf of Caco
Barcellos, a journalist who had allegedly received death threats after
publishing, on 31 August 1992, a book in which he denounced the implication of
some police officers in extrajudicial executions in Sao Paulo
(25 September 1992) .
128. The Special Rapporteur furthermore intervened after it had been reported
to him that four men had been detained in Itapevi by the Sao Paulo State
Military Police on 22 April 1991. One of them, Luiz Alexandre da Silva,
allegedly died as a consequence of torture by civil police at Itapevi police
station. Fears had been expressed to the Special Rapporteur that the life and
physical integrity of the remaining three, Reginaldo Silva, Ironaldo Batista
and a minor known as “Marquinhos”, were in danger (24 June 1992).
129. The Special Rapporteur also requested the Brazilian authorities to take
all the necessary steps to ensure the safety of Carlos Cabral Pereira, Roberto
Neto da Silva and Orlando Canuto, all three trade-union leaders, and of
Sebastiao Vieira, a local councillor, after reports had been received that the
police protection that had been extended to these four men after repeated
death threats and attempts against their lives would be withdrawn as of
15 October 1992 (20 October 1992) .
E/cN. 4/1993/46
page 31
130. The Special Rapporteur sent another urgent appeal to the Government of
Brazil concerning the alleged extrajudicial, summary or arbitrary execution by
members of the Military Police of at least 111 prisoners at Pavillion 9 of the
Casa da Deten9ao prison in Sao Paulo on 5 October 1992 (27 October 1992) .
Other allegations :
131. The Special Rapporteur transmitted to the Government of Brazil
information he had received about the killing of three minors
(31 August 1992) :
Jose Erivan da Silva (14) and Jose Fernandez de Almeida (15) were
allegedly killed by two Military Police agents in cooperation with a
landowner in Largato, State of Sergipe, on S May 1992. It was reported
that their corpses presented marks of torture. No investigation into the
case was said to have been conducted.
Flavio Silva Dias, a minor, was reportedly killed on 28 October 1991 in
Sergipe after having testified in criminal proceedings against a police
official in connection with the murder of four street children in
November 1990. Involvement of the security forces was alleged.
132. Two more cases transmitted on 31 August 1992 concerned:
The killing of Severo da Silva on 19 May 1992 in Santa Luzia, State of
Maranhao, allegedly perpetrated by pistoleiros hired by the owner of the
fazenda (estate) where he had worked. Allegedly, no investigation into
the case was conducted.
The killing of Fausto Ribeiro da Silva Filho on 13 August 1991 in
Sao Miguel Paulista, Sao Paulo. It was alleged that two men charged with
the crime had been released and that no one had been brought to justice.
Communications received from the Government
133. The Government of Brazil provided the Special Rapporteur with the
following information.
134. Concerning the measures adopted to protect the lives of the seven mothers
of the children who had disappeared from Mag in June 1990 (see above,
para. 126 (a)), police investigations had led to the accusation of five civil
and military policemen, three of whom were under arrest by 1 May 1992. The
case was then transmitted to the Judicial branch. The State Secretary of
Rio de Janeiro's Civil Police had taken the necessary steps to ensure police
protection for Mrs. Edneia Santos Cruz and Sonia Cristina Louren9o (whose name
had not been reported to the Special Rapporteur) , who had identified the
military policemen charged with the abduction of the children. Police
protection had also been extended to the other six women, although they were
not expected to be witnesses in the ongoing investigation
(30 March, 1 May, 2 June and 6 July 1992) .
E/CN. 4/1993/46
page 32
135. Caco Barcellos, Josefa Batista de Oliveira et al. Carlos Alberto Ivanir
Dos Santos and Mariano Domingos Freire were also granted police protection and
investigations were opened to look into the allegations of intimidation and
death threats against them. In the case of Carlos Alberto Ivanir Dos Santos,
the investigations were carried out by the military justice, while his
protection was ensured by civil police (10 and 13 November 1992) . Police
protection was continued for Carlos Cabral Pereira, Roberto Neto da Silva,
Orlando Canuto and Sebastiano Vieira.
136. With regard to the following cases, the Ministry of Justice had requested
the Secretariats of Public Security of the states concerned to carry out
investigations: Rafael Jose dos Santos et al. and
Luiz Francisco Fartas Moura (10 and 13 November 1992) and Severo da Silva
(25 November 1992) .
137. In the case of Jose Alvez de Souza, the investigation into the attempts
on his life had led to the inculpation of one person. A special police
officer was nominated to investigate acts of violence against rural workers,
clergymen and the vicar of Sitio Novo, Tocantins State. The case was
transmitted to the Judicial branch on 6 May 1992. After a further attempt on
the life of Jose Alvez de Souza on 9 April 1992, a new police inquiry was
opened. Aware of the close connection of violence in that region to land
disputes and the agrarian structure, the National Institute for Colonization
and Agrarian Reform (INCRA) expropriated the San Jose farm at Sitio Novo,
where 62 peasant families will be settled, and subsidized several food,
housing credit and agricultural assistance projects (13 November 1992) .
138. Police investigations had led to the indictment of several persons
charged with the murder of Erivan Jose da Silva and Jose Fernando Almeida,
Flavio Silva Dias and Fausto Ribeiro da Silva Filho. All cases have been
brought before the judicial branch (25 November 1992) .
139. With regard to the events in Sao Paulo's Casa da Deten9ao on
2 October 1992 (see above, para. 130), the authorities, appalled by the tragic
consequences of the incident and aware of their responsibility for the lives
of detainees under police custody, were carrying out the required
investigations. Action already taken included an extraordinary session of the
Council for the Defence of Human Rights (CDDPH) , which decided to establish a
federal commission of inquiry, a visit to the prison by the Minister of
Justice together with members of the aforementioned commission, the
establishment of a State Secretariat for Penitentiary Affairs in Sao Paulo,
the dismissal of several commanders, and an invitation by the State Governor
to all non-governmental organizations active in the field of human rights to
follow the investigations. Furthermore, the State Prosecutor publicly
acknowledged the right of families of the inmates to a fair reparation, the
National Council for Criminal and Penitentiary Police made sure that the
detainees would testify freely in the current legal procedures and the
Sao Paulo State Assembly established on 16 October 1992 a Parliamentary
Commission of Inquiry (CPI) to define responsibilities for the incident within
30 working days (11 November 1992) .
E/cN. 4/1993/46
page 33
Observations
140. The Special Rapporteur recognizes the effort made by the Government of
Brazil to provide information in reply to a large number of the allegations
transmitted. In particular, he appreciates that police protection has been
granted to persons under death threats. The steps and measures taken in
response to the events at Sao Paulo's Casa da Deten9ao, as well as the opening
of investigations into a number of other cases, seem to indicate the
Government's willingness to ensure respect for the right to live. The Special
Rapporteur hopes to be provided with the results of these measures as well as
information concerning the remaining cases transmitted to the Government of
Brazil.
Follow-up on allegations transmitted in 1991
141. The Special Rapporteur sent a letter to the Government of Brazil
following up on the allegations of extrajudicial, summary or arbitrary
executions that had been transmitted to that country in 1991.
142. The Government of Brazil had provided replies to those allegations. In a
number of cases, it had been stated that investigations were still under way.
The Special Rapporteur asked the Government of Brazil to provide him with
updated information, in particular about any decisions taken as a result of
such proceedings and measures adopted as a consequence thereof
(see E/CN.4/1992/30, paras. 64-81) . In reply, the Government of Brazil stated
that in the case of the alleged death threats against Antonio Rodrigues de
Amorim (see E/CN.4/1992/30, para. 68) the police inquiry had been concluded
and the judicial process filed after it was established that the threats had
been made by a drunken man in the middle of a discussion. Another purported
victim of death threats, Father Ricardo Rezende (see E/CN.4/1992/30, para 69) ,
had declared to the press that the police protection extended to him since
September 1991 had preserved his life and well-being. Decisions on the
remaining cases were still pending in the courts (3 December 1992) .
Burkina Faso
Follow-up on allegations transmitted in 1991
143. The Special Rapporteur sent a letter to the Government of Burkina Faso
following up on allegations of extrajudicial, summary or arbitrary executions
transmitted to that country in 1991, for which no replies had been received.
Burundi
144. The Special Rapporteur has received reports concerning human rights
violations, including extrajudicial, summary or arbitrary executions, in
Burundi.
145. Most human rights abuses are said to occur in the context of a violent
conflict between the Hutu, who constitute the majority of the population, and
the Tutsi. Although since Major Pierre Buyoya became President, in 1987,
efforts towards a reconciliation of the two groups were said to have led to an
E/CN. 4/1993/46
page 34
improvement in the human rights situation in the country and to the
institution of a Government composed of 50 per cent Tutsi and SO per cent
Hutu, the security forces, in particular the army, are still said to be
dominated by the Tutsi. Allegedly, they are responsible for a large number of
extrajudicial, summary or arbitrary executions of members of the Hutu.
146. According to the information that has come before the Special Rapporteur,
in many instances human rights abuses by the security forces take place in
reprisal for violent attacks by the illegal Hutu People's Liberation Party
(PALIPEHUTU) , which was set up by Hutu exiles in the early 1980s to campaign
against Tutsi domination. The Special Rapporteur also received information
about the execution of the death penalty against PALIPEHUTU supporters,
allegedly after trials which did not conform to the internationally recognized
fair trial standards.
Communications sent by the Special Rapporteur :
147. The Special Rapporteur transmitted to the Government of Burundi
allegations according to which at least 55 persons had suffered violations of
their right to life. One case allegedly constituted a violation of the right
to freedom of opinion and expression.
Urgent appeals
148. The Special Rapporteur sent an urgent appeal to the Government of Burundi
after he had received information according to which the following five people
were sentenced to death in Bujumbara in two trials on S and 6 July 1992, in
connection with the activities of PALIPEHUTU: B noit Ndikumana, Athanase
Ndereyimana, Thomas Barwihigire, Ernest Nshirmirimana and Antoine Ntirabampa,
Vice-President of PALIPEHUTU. According to the source, none of those tried
had legal representation or were given an adequate opportunity to defend
themselves. It was alleged that statements extracted from the defendants
under torture may have been used as evidence to convict them (22 July 1992) .
Other allegations
149. The Special Rapporteur transmitted to the Government of Burundi
allegations he had received according to which more than SO persons may have
lost their lives as victims of extrajudicial, summary or arbitrary executions
(31 August 1992) :
(a) R novant Ndikumana, a journalist for the Burundi News Agency, was
reportedly arrested by the military together with 13 other members of the Hutu
ethnic group in late November 1991. He was said to have been shot dead at a
military camp in Bujumbara. Reportedly, those responsible have not been
brought to justice;
(b) At least 30 people were said to have been killed when soldiers
opened fire, apparently without provocation, on a group of people in Citiboke
on 27 November 1991. The incident was said to have been a reprisal for
violent attacks by PALIPEHUTU in November 1991 which reportedly led to the
death of several Tutsi;
E/cN. 4/1993/46
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(c) Antoine Muhitira and 13 other people reportedly “disappeared” after
being arrested and taken in military custody in late November and early
December 1991 in Bujumbara. Antoine Muhitira was reportedly held at Gatumba
barracks. Different sources had expressed concerns that he and the other
detainees may have been extrajudicially executed.
Communications received from the Government
150. At the time of the preparation of the present report, no communications
had been received from the Government of Burundi.
Follow-up on allegations transmitted in 1991
151. The Special Rapporteur sent a letter to the Government of Burundi
following up on an urgent appeal transmitted to that country in 1991, for
which no reply had been received (see E/CN.4/1992/30, paras. 85-87) .
Cambodia
152. The Special Rapporteur has received information according to which
human rights abuses, including extrajudicial, summary or arbitrary executions,
occurred in Cambodia during demonstrations that took place in Phnom Penh
between 17 and 21 December 1991. The Special Rapporteur has also received
reports about politically motivated violence against persons publicly opposing
the Government, including some former prisoners who had been released after a
Peace Agreement was signed in October 1991 by four Cambodian parties and
representatives of 18 other countries.
Communications sent by the Special Rapporteur
153. The Special Rapporteur transmitted to the Government of Cambodia
allegations according to which the Cambodian security forces had used
excessive force, causing the death of at least 10 civilians, including one
minor, and injuring many others during the demonstrations in December 1991 in
Phnom Penh. Those reported killed are: Kim Phy (17), Yin Taorm, Mock Paeng,
Tang Long and six unidentified persons. Reportedly, none of the
demonstrators, who were protesting against corruption and against the arrest
of students by the police, had been equipped with firearms, nor had any of
those killed used Molotov cocktails. It was further reported that the
Government did not carry out a full investigation into the incident and that
no legal action was taken against the security forces personnel involved in
the killings (18 September 1992) .
154. The Special Rapporteur also communicated to the Government of Cambodia
the case of Tea Bun Long, an official of the Cambodian Government, who was
killed on 22 January 1992 in Phnom Penh, allegedly for having protested
against corruption in the country's administration and criticized Chea Sim,
the President of the National Assembly of Cambodia. It was also reported to
the Special Rapporteur that Tea Bun Long had been involved in plans for
founding a new opposition party. His assassination was said to have been
politically motivated.
E/CN. 4/1993/46
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155. Copies of these allegations were sent to the United Nations Transitional
Authority in Cambodia (UNTAC) .
Communications received from the Government
156. At the time of the preparation of the present report, no communications
had been received from the Government of Cambodia.
Cameroon
157. The reports and allegations that have come before the Special Rapporteur
indicate that since November 1991 as many as 70 common-law prisoners held on
death row in Section II of the Tchollir prison camp in Northern Cameroon had
died as a result of malnutrition and medical neglect.
158. A report published in the national press in late June 1992 by the
National Commission for Human Rights and Freedoms, a human rights organization
established by the Government, confirmed that prisoners throughout Cameroon
were kept in overcrowded and insanitary conditions, with an inadequate diet,
without separate facilities for sick inmates, and that epidemics of scabies,
tuberculosis and bronchitis were frequent. This Commission further reported
that at Tchollir II over 130 prisoners under sentence of death were kept in
chains, day and night, unable to leave their cells for exercise or fresh air,
and that there was no medical care available, which meant that ill prisoners
either recovered without treatment or died. It was alleged that these
conditions at Tchollir II might be a deliberate method of provoking the death
of inmates, or at least the result of very serious negligence on the part of
the Cameroonian authorities.
Communications sent by the Special Rapporteur
159. In the light of the reports about the situation in Tchollir prison camp,
and after receiving further reports that up to 30 inmates suffering from
tuberculosis were in a critical state of health, the Special Rapporteur sent
an urgent appeal to the Government of Cameroon (7 August 1992) .
160. The Special Rapporteur sent a second urgent appeal to the Government of
Cameroon after receiving reports indicating that the life of Victorin Hamami
Bieuleu, leader of the Union of Democratic Forces of Cameroon (UFDC) , was in
serious danger. Although suffering from diabetes and in a deteriorating state
of health, Mr. Bieuleu, who was said to be held in detention at the General
Gendarmerie station in Yaound , was reportedly denied medical treatment and
supplied only with insufficient and inadequate food. Fears were also
expressed with regard to the situation of another detainee, Nyo Wakai, former
President of the Supreme Court (17 November 1992) .
161. On the same lines, the Special Rapporteur intervened on behalf of
Alhadji Umaru Sakini and Joseph Ekosene, leader of UFDC, whose lives were also
reported to be in danger (19 November 1992) .
E/cN. 4/1993/46
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Communications received from the Government
162. At the time of the preparation of the present report, no communications
had been received from the Government.
Chad
163. The reports and allegations that have come before the Special Rapporteur
indicate that, following decades of civil war in the country, the
demobilization of thousands of armed soldiers had led to an increase in
criminal offences involving firearms, including murder and assault, as well as
in alleged extrajudicial, summary or arbitrary executions of opponents and
critics of the Government. Several hundred people, among them members of
opposition movements, members of former President Habr 's Government and human
rights workers, were reported to have been extrajudicially executed by members
of the security forces since President Idriss D bry came to power in
December 1990. Different observers have suggested that one of the factors
contributing to the violence could be tensions between the Zaghawa and
Hadjerai ethnic groups, the respective power bases of the present and previous
governments.
Communications sent by the Special Rapporteur
164. The Special Rapporteur transmitted to the Government of Chad allegations
he had received concerning the violation of the right to life of 52 persons.
By sending two urgent appeals, he intervened on behalf of five persons. The
remaining 47 cases were sent in a separate letter. The Government replied to
the first urgent appeal.
Urgent appeals
165. The Special Rapporteur sent an urgent appeal to the Government of Chad
after receiving reports according to which Ahmed Seid Ali, Bisso Mahmadou,
Director of the State-owned Chadian Electricity and Water Company, and
Moussa Mahamat, founding member of the opposition Rally for Democracy and
Progress (RDP) , had been shot on 11 January 1992 by members of the Chadian
security forces, including the security police unit known as Centre for
Investigation and Coordination of Intelligence (CRCR) , because they protested
against their arrest, at night, by armed men who had no arrest or search
warrants. In addition to the above three deaths, members of the security
forces allegedly killed RDP activists who were reportedly targeted because of
their peaceful opposition to the Government (30 January 1992) .
166. The Special Rapporteur sent another urgent appeal to the Government of
Chad after receiving information that Daoud Ahmat Cherif and Awat Abdou, both
members of the Chadian security forces, had been sentenced to death for murder
by a special military court on 18 August 1992. It was alleged that they had
not been granted the right of appeal to a higher court and that their
execution in public was imminent (14 September 1992) .
E/CN. 4/1993/46
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Other allegations
167. The Special Rapporteur transmitted to the Government of Chad information
he had received concerning the alleged extrajudicial, summary or arbitrary
execution of at least 47 persons, including the following (31 August 1992) :
(a) Assali Adil, Gabriel Belel, Dabon Mahamat and Etenna Issa, who were
reportedly arrested on 13 October 1991 by members of the Chadian security
forces, allegedly solely for their membership of the Hadjerai ethnic group.
In the light of reports that at least 40 persons of the same ethnic origin had
been extrajudicially executed by soldiers loyal to the Government, it was
feared that they, too, might have been killed;
(b) Joseph Behidi, lawyer and Vice-President of the Chadian Human Rights
League, who was shot dead on 16 February 1992 by two off-duty soldiers,
allegedly because he had defended the weekly newspaper N'djamena Hebdo against
libel charges filed by the army;
(c) Goukouni Guet, leader of the Movement for Democracy and Development,
and Ahmet Saker Bidon, former Assistant Secretary of State for Foreign
Affairs, who were reported to have been forcibly expatriated from Nigeria
along with more than 40 other Chadian nationals in February 1992. In
March 1992, the two were reported to have been extrajudicially executed by
members of the Chadian security forces.
Communications received from the Government
168. The Government of Chad provided the Special Rapporteur with information
in reply to his urgent appeal concerning the alleged killing by the Chadian
security forces of three persons on 11 January 1992 (see above, para. 165) :
On 8 and 11 January 1992, the security forces indeed took in 18 persons for
questioning. Despite the warnings, some of those persons responded with the
use of firearms, which resulted in the death of one police officer. The other
members of the security forces were forced to return the fire in order to
defend themselves. Mahmadou Bisso, Mahamat Seid Ali (not Ahmed Seid Ali) and
Moussa Ali (not Moussa Mahamat) were killed. The Government of Chad published
the list of those killed and of those arrested, who were released on
24 January 1992 along with all other political prisoners (10 February 1992) .
Follow-up on allegations transmitted in 1991
169. The Special Rapporteur sent a letter to the Government of Chad following
up on allegations transmitted in 1991, for which no reply had been received
(see E/CN.4/1992/30, paras. 89-90).
Chile
Communications sent by the Special Rapporteur
170. The Special Rapporteur sent an urgent appeal to the Government of Chile
after he had received allegations according to which members of the Committee
for the Defence of the Rights of the People (CODEPU) had received death
E/cN. 4/1993/46
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threats on 29 January 1992. Reportedly, on that day members of a paramilitary
group called “Nationalist Combat Front” had broken into the CODEPU offices in
Santiago de Chile. After the assault, CODEPU had reportedly received nine
threatening telephone calls from the same group (7 February 1992) .
Communications received from the Government
171. At the time of the preparation of the present report, no communications
had been received from the Government of Chile.
China
172. The information that has come before the Special Rapporteur indicates
that human rights violations, including extrajudicial, summary or arbitrary
executions, continue to occur in China.
173. Several reports concerned the practice of the death penalty in China.
Death sentences are said to be announced at mass sentencing rallies following
trials which reportedly do not conform to the internationally recognized fair
trial standards. In particular, defendants reportedly do not always have
access to legal counsel, and if lawyers are available, they are said to have
only one or two days in which to prepare the defence. Often, death sentences
were said to be decided in advance of the trial by so-called “adjudication
committees” whose decision was seldom challenged by the courts. In an
increasing number of cases, capital punishment was said to have been imposed,
and executed, for economic crimes.
174. The Special Rapporteur also received information regarding continuing
acts of violence by security forces leading to the death of Tibetans and
members of the Roman Catholic Church. In this context, the Special Rapporteur
would like to refer to the report presented to the Commission on Human Rights
at its forty-eighth session by the Special Rapporteur appointed by the
Commission in its resolution 1986/20 (E/CN.4/1992/52) , which deals with
questions of intolerance and discrimination based on religion or belief.
Communications sent by the Special Rapporteur
175. The Special Rapporteur transmitted to the Government of China information
concerning the alleged extrajudicial, summary or arbitrary execution of
40 persons. Two cases allegedly constituted violations of the right to
freedom of opinion and expression, religion and peaceful assembly. By sending
an urgent appeal, he intervened on behalf of three persons. The remaining 37
cases were sent in a separate letter. The Government replied to all
allegations.
Urgent appeals
176. The Special Rapporteur sent an urgent appeal to the Government of China
after receiving reports about the imminent execution of Li Wenhua, Liu Shulan
and Hang (or Huang) Xuncai, who had reportedly been sentenced to death on
23 January 1992 by a court in Beijing for economic offences, including
E/CN. 4/1993/46
page 40
embezzlement. It was reported that they had 10 days to lodge an appeal
against this sentence before the Beijing Higher People's Court
(4 February 1992) .
Other allegations
177. The Special Rapporteur transmitted to the Government of China the
following allegations of the extrajudicial, summary or arbitrary execution of
37 persons (31 August 1992) :
(a) Thirty-five men and women were reportedly executed immediately after
having been tried and sentenced to death for drug-related offences in a public
stadium packed with 40,000 people. The trial procedures were said to have
fallen short of minimum international standards for fair trial, in particular
with regard to the guarantees of a proper defence;
(b) Bishop Joseph Fan Cueyan, aged 86, a leading figure among Chinese
underground catholics, reportedly died in police custody on 13 April 1992. It
was alleged that he had been subjected to severe torture;
(c) One monk from Drepung Monastery reportedly died in Gutsa Prison,
Tibet, on 7 May 1992, allegedly after having been subjected to severe beating
and torture. He was said to have been arrested by members of the security
forces together with nine monks from Gaden Monastery when marching round the
Jhokhang Tempel with a Tibetan flag.
Communications received from the Government
178. The Government of China replied to the allegations transmitted by the
Special Rapporteur in 1992.
179. In response to the urgent appeal, the Government supplied the following
information: Li Wenhua, Pang Shuncai (not Hang Suncai) and Liu Shulan were
sentenced to death for corruption and accepting bribes, in conformity with the
Chinese Penal Code and the Supplementary Regulations on Suppression of the
Crimes of Corruption and Bribery. Their sentences had been handed down, in
accordance with the procedure laid down by Chinese law, after investigation,
prosecution and open trial in the people's courts providing for ample rights
to defence, which were fully exercised by the defendants. All three had
lodged appeals with the Beijing's Municipal People's Higher Court. At the
time of the reply (27 April 1992) , the Court was hearing those appeals. The
ratification of a death sentence in the first or second instance for economic
offences was mandatory before capital punishment could be carried out. The
conviction of the three defendants was handed down in accordance with Chinese
law and was consistent with the International Covenant for Civil and Political
Rights and the Safeguards guaranteeing protection of the rights of those
facing the death penalty approved by the Economic and Social Council on
25 May 1984 (27 April 1992) .
E/cN. 4/1993/46
page 41
180. In reply to the other allegations, the following information was sent by
the Government:
(a) Four lamas (not 10) from Ganden (not Gaden) monastery had staged an
unlawful incident in the streets of Lhasa and were removed from the scene by
the Lhasa public security forces, in accordance with Chinese law. That one
lama from Drepung monastery had died in Gutsa prison as a result of torture
was pure rumour;
(b) Smuggling, peddling, transporting or manufacturing opium in
quantities of 1,000 grams or more, heroin in quantities of 50 grams or more,
or other narcotics in large quantities, were punishable under Chinese law
by 15 years' imprisonment, life imprisonment or the death penalty. The
35 traffickers tried and sentenced to death in Kunming had dealt in and
transported narcotics in large quantities. Their offences had been
investigated, and the evidence was reliable. Hearings were conducted in
accordance with trial procedures as established in the law, and the verdict
was reviewed before the final judgment was delivered by the Yunnan People's
Higher Court. There was no question of summary or arbitrary execution;
(c) Bishop Fan Xueyan had been imprisoned from 1983 to 1987, when he was
released on parole. In April 1992, he was admitted to hospital with pneumonia
and other illnesses. Attempts to rescue him failed. Claims that he was
tortured to death were completely untrue.
181. The Government of China reiterated that extremely strict limits were
imposed on the use of the death penalty in China, which was only applied to
the most heinous criminals. Any final sentence of a court of second instance
in a capital case tried in a court other than the Supreme People's Court had
to be referred to the People's Supreme Court or to a people's high court duly
empowered by the Supreme Court, for a thorough review of facts, evidence,
verdict, sentence and trial procedure. Only after ratification did the
sentence acquire legal force. Detection of a possible error, even after
ratification, led to a stay of execution (26 October 1992) .
Follow-up on allegations transmitted in 1991
182. In reply to the allegations transmitted by the Special Rapporteur
in 1991, the Government of China replied that there were no summary or
arbitrary executions in China. There were narrow restrictions on the
application of the death penalty, which was only imposed on a small number of
highly vicious elements for grave breaches of Chinese criminal law. Death
sentences were also subject to stringent review procedures. Upon
investigations into allegations of Tibetans being tortured to death, it had
been concluded that these were sheer fabrications. No religious figures had
died under torture. (See E/cN.4/1992/30, paras. 91-98.)
Observations
183. The Special Rapporteur appreciates the will to cooperate shown by the
Government of China by providing replies to all allegations transmitted both
in 1991 and 1992. However, it must be noted that there are remarkable
E/CN. 4/1993/46
page 42
contradictions between the general denials contained in the replies of the
Government of China concerning those allegations, and the precise and detailed
allegations he had received from credible non-governmental sources.
Consequently, the Special Rapporteur considers that it would not be possible
to arrive at any conclusions as to the merits of these allegations without
receiving more information concerning the factual aspects of these cases. The
Special Rapporteur therefore decided to write to the Government of China,
indicating that he would be prepared to undertake a visit to the country,
should the Government issue an invitation.
184. In so far as the application of the death penalty is concerned, the
Special Rapporteur is especially concerned by the large number and broad
range of offences subject to capital punishment. In one of its replies,
the Government of China cited the 1979 Penal Code, according to which some
21 off ences are punishable with death, including intentional homicide,
aggravated rape, inciting a riot leading to death, disability or personal
injury, robbery, arson leading to death or serious injury or major destruction
of property and sabotage of public transport or utilities, as well as
13 “crimes of counter-revolution” . Moreover, subsequent decisions of the
Standing Committee of the National People's Congress have made many more
off ences subject to the death penalty, among them fostering prostitution,
traffic in persons, sale or production of pornographic books, smuggling
(previously punishable by 3 to 10 years' imprisonment) and theft or export of
cultural relics (previously punishable by imprisonment of 10 years to life) .
Colombia
185. The reports and allegations that have come before the Special Rapporteur
indicate that excessive and arbitrary use of force by security forces as well
as paramilitary groups and civilian “death squads” purportedly collaborating
with them, so-called “social cleansing” activities and violence by the
guerrilla and armed groups cooperating with drug traffickers are the main
causes for the persisting human rights violations, including extrajudicial,
summary or arbitrary executions, in Colombia.
186. After the formal surrender of weapons in March 1990 by the
“Movimiento 19 de JIIril”, three more guerrilla organizations began talks
with the Government and demobilized their troops, handing over their weapons,
in early 1991: the Popular Liberation Army (EPL), the Revolutionary Workers'
Party and the indigenous peoples' organization Quintin Lame. A Commission on
Ways to Overcome Violence was established to study the roots of violence in
the regions where these three insurgent groups had been active. On
4 July 1991, a new Constitution containing extensive references to human
rights was introduced and the state of siege, in force since 1984, was lifted.
187. Nevertheless, conditions for the continuation of human rights violations
still exist. The failure, in May 1992, of peace negotiations which had
started on 25 June 1991 between the Government and the Sim6n Bolivar National
Guerrilla Coordinator (CNGSB) , a coordinating body of the oldest and largest
guerrilla groups, the Revolutionary Armed Forces of Colombia (FARC), the
National Liberation Army (ELN) and a dissident faction of EPL, reportedly led
to an intensification of the armed conflict and an increase in violence.
E/cN. 4/1993/46
page 43
Between 10 and 16 July 1992, a state of conmoci6n interna (internal unrest)
was imposed for six days in the entire country after a rise in terrorist
activities by subversive groups and drug traffickers. A recrudescence of
guerrilla activities was again reported after the celebration of Columbus'
discovery of America in October 1992. On 8 November 1992, the Government
again imposed the state of conmoci6n interna .
188. As in former years, several human rights organizations drew the
attention of the Special Rapporteur to the persisting and alarming trend of
extrajudicial killings in Colombia against the background of ongoing political
violence in the country. During the first six months of 1992, more than
1,200 people were said to have been killed for political reasons or in
so-called “social cleansing” activities. A large number of trade unionists,
human rights workers, civic community workers and members of legal leftist
parties, in particular the Patriotic Union (UP) , were said to have been among
the victims of politically motivated executions and death threats.
189. A large number of deaths were allegedly caused by excessive and arbitrary
use of force by State agents. The armed forces, the police and various
paramilitary groups and civilian “death squads”, many of them reportedly
operating under the command or with the support of the Colombian security
forces, were said to be responsible for many extrajudicial, summary or
arbitrary killings. In particular, the Special Rapporteur received
information concerning a high number of civilian casualties caused by the
activities of paramilitary groups created and trained by the armed forces to
cooperate with military units in counter-insurgency operations. Together with
special counter-insurgency units of the armed forces, the so-called mobile
brigades, these paramilitary forces are said to be responsible for a number of
civilian deaths in rural areas where guerrilla groups are still active, such
as the regions of Magdalena Medio (ELN) and Uribe/Meta (FARC) . Allegedly, all
the inhabitants of such zones are considered by the military as potential
supporters of the guerrilla and are therefore subjected to human rights
violations, including execution.
190. The Special Rapporteur also continued to receive reports concerning
so-called “social cleansing” killings, that is, executions of prostitutes,
beggars, street children, mentally deficient and other “socially undesirable”
persons by death squads, which are often said to collaborate with the police.
191. About 30 per cent of the attempts against lives in which the perpetrators
could be identified were attributed to guerrilla activities. Violence arising
out of drug trafficking, in particular, in the form of killings perpetrated by
armed irregular groups, also called “private justice” groups, acting under the
auspices of drug traffickers, also contributed to the persisting phenomenon of
violations of the right to life.
192. The Special Rapporteur was further informed that in most cases those
responsible for human rights abuses were not brought to justice. According to
the reports received, this applies in particular to the “mobile brigades”,
which allegedly act with total disregard for the lives of civilians and enjoy
virtual impunity. Figures published by the Office of the Attorney-General of
the Nation in September 1991 indicate that from January 1990 to April 1991
E/CN. 4/1993/46
page 44
only a small number of armed forces or police personnel were sanctioned in
disciplinary proceedings relating to more than 760 complaints of homicide and
threats whose potential or proven authors were law enforcement officials:
lists of charges were drawn up against 72 officials; 43 were punished, and in
8.1 per cent of the proceedings an official disciplinary inquiry was opened
into complaints of homicide; 4 members of the National Police and the armed
forces were convicted for multiple homicide, 12 others were found guilty of
threats. However, since late August 1992, some steps appear to have been
taken towards investigation of human rights abuses: reportedly, judicial
proceedings have been initiated against several members of the army and the
police.
Communications sent by the Special Rapporteur
193. The Special Rapporteur transmitted to the Government of Colombia
allegations he had received concerning the violation of the right to life of
more than 215 persons. In three cases, the victims were said to be minors.
Twenty-one cases allegedly constituted violations of the right to freedom of
opinion and expression, religion or peaceful assembly and association. By
sending 13 urgent appeals, the Special Rapporteur intervened on behalf of more
than 32 persons. Allegations concerning violations of the right to life of a
further 177 people were transmitted in a separate letter. The Government
replied to nine of these cases.
Urgent appeals
194. The Special Rapporteur sent urgent appeals to the Government of Colombia
after receiving reports concerning death threats and attempts on the lives of
the following persons, reportedly for their membership of, or links with,
human rights organizations, political groups or trade unions.
195. On 15 January 1992, Fabio Velasquez and his two sons, Luis Fernando (17)
and Oliverio, were reportedly abducted by armed men allegedly linked to the
Colombian security forces at Puente Iglesia, Tarso, Antioquia. The corpses of
Fabio and Luis Fernando Velasquez were said to have been found some days
later. Fears were expressed that Oliverio Velasquez, whose whereabouts were
not known, might also be at risk of execution (6 February 1992) .
196. Blanca Cecilia Valero de Dur n, a secretary of the Human Rights
Commission (CREDHOS) of Magdalena Medio, was reportedly assassinated on
29 January 1992 in Barrancabermeja. The President of CREDHOS, Jorge G6mez
Lizarazo, was said to have been subjected to death threats by paramilitary
groups (7 February 1992) .
197. A group of soldiers identifying themselves as members of the Intelligence
Battalion “Charry Solano” reportedly searched the home of Hernando Cruz
Modesto during his absence, asking his children about the whereabouts of their
father and several other persons, including Hernando Cruz Modesto's brother, a
leader of the National Farm Workers' Association (ANUC), on 15 February 1992.
Hernando Cruz Modesto had allegedly suffered two earlier attempts on his life
by security forces personnel (24 June 1992) .
E/cN. 4/1993/46
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198. C sar Chaparro Nivia, trade unionist and active member of UP, was
reportedly detained by members of the Department of State Security (DAS)
on 29 February 1992 and died on 4 March 1992, allegedly as a consequence of
torture inflicted upon him during interrogations at a DAS base in Bogota. His
wife, Margarita Agudelo Alzate, and her brother, Hernando Agudelo Alzate, were
said to have been subjected to death threats after reporting his death to the
Colombian Procurator General (24 June 1992) .
199. Leonardo Salazar Portilla, Juan Gustavo Zuluaga, Carmen Eliza Pereira,
Carlos Arturo Ramos Minota and William Javier Almario Alvarez, all members of
the Movement of Socialist Renewal (CRS) , were reportedly detained and executed
by members of the security forces on 15 April 1992. Fears were expressed that
a sixth person arrested, Aldemar Rodriguez Carvajal, whose whereabouts were
unknown, might also be in danger of execution (25 June 1992) .
200. In connection with the recrudescence of violence in mid-1992, it was
reported that the Albergue Campesino de Barrancabermeja, a hostel for the
temporary housing of displaced families of the Magdalena Medio region, had had
to be closed in July 1992 after repeated death threats and acts of harassment
and intimidation against its inhabitants by paramilitary forces linked to the
XIV Brigade of the Colombian armed forces. A woman named Elvira Maria C6rdoba
Quintana, who allegedly had been forced to work for a paramilitary group and
identified those responsible for the threats against the Albergue, was found
dead on 19 May 1992 (21 July 1992) .
201. Death threats and attacks made against members of CREDHOS, including
Jorge G6mez Lizarazo, Rafael G6mez Serrano and Joel Quiroga, were again
reported in June 1992. Moreover, a former member of CREDHOS, Julio C sar
Berrio Villegas, was said to have been killed by unknown gunmen linked to the
security forces on 28 June 1992 (28 July 1992) .
202. Raquel Judith Bernal Dueffias, a UP activist, and her brother Jorge Ernesto
Bernal Dueffias, a teacher and trade unionist, reportedly suffered acts of
intimidation and received death threats from members of the State security
forces in October 1992 (29 October 1992) .
203. Several national leaders of the opposition parties UP and Colombian
Communist Party (PCC) , including Manuel Cepeda Vargas, Aida Abella and
Alvaro V squez del Real, reportedly received death threats on repeated
occasions during October 1992. Allegedly, UP had been informed that a
paramilitary group based in Puerto Boyac , Santander, had been contracted to
assassinate leaders of both parties (3 November 1992) .
204. The Special Rapporteur sent another urgent appeal to the Government of
Colombia after receiving information that members of the police and the
military had opened fire indiscriminately and without provocation at
participants in a demonstration held by farmers and indigenous people at
Rio Blanco, near Popay n, Cauca, on 8 October 1992 (29 October 1992) .
E/CN. 4/1993/46
page 46
205. Two cases transmitted by the Special Rapporteur to the Government of
Colombia concerned death threats against, and the execution of, civilians in
the context of counter-insurgency operations carried out by the military and
paramilitary forces cooperating with them:
(a) Olivia Ballona and Avelino Dominguez, both regional leaders of ANUC
in San Vicente de Chucuri, reportedly received death threats after reporting,
in July 1992, to the local authorities acts of harassment and intimidation
committed against farmers in the region by members of the Second Mobile
Brigade of the Colombian Army and paramilitary forces acting under their
command. During counter-insurgency operations, the farmers were allegedly
threatened with death if they did not pay “taxes” to finance paramilitary
groups or participate actively in paramilitary patrols. In September 1992,
Octavio Sierra, a farmer resident in Pamplona, San Vicente de Chucuri, was
reportedly threatened with death by members of the Second Mobile Brigade if he
did not leave the region (15 October 1992) ;
(b) On 2 October 1992, Hector Audelo Chaparro, Reynaldo Riveros
Chaparro and Ismael Amaya were reportedly executed at Toquilla, Aquitania,
Boyac , by a military patrol from the Tarqui Battalion based in Sogamoso. The
soldiers were said to have arrived at the village with a list of 10 persons,
all employees of a construction firm, among them Rosa Alvarado, Manuel Abella,
Humberto Preciado and Dario Bonilla. Before leaving, the soldiers reportedly
painted slogans on the walls according to which the FARC had carried out the
operation (15 October 1992) .
Other allegations
206. The Special Rapporteur transmitted to the Government the following cases
of alleged extrajudicial, summary or arbitrary executions in Colombia
(31 August 1992) :
(a) Carolina Tombe and 19 other members of the indigenous community
El Paez (names may be consulted in the files of the Secretariat) were
reportedly killed on 16 December 1991 at “El Nib”, Caloto, Cauca, by a
group of armed men. An investigation into the case by DAS was said to have
confirmed the involvement of National Police agents in the case;
(b) Carlos Edgar Torres Aparicio, Rodolfo Alvarez, both lawyers, and
the anthropologist Etnio Vidardo, all three participating in an independent
investigation of the massacre at “El Nib” on 16 December 1991, were
reportedly killed on 8 January 1992 at their homes in Cali, Valle, by armed
men, allegedly linked to the State security forces;
(c) Hector Serrano Rocha was reportedly killed on 8 March 1991 by
soldiers from a military patrol who detained him and took him to the military
camp “El Triunfo” at El Mango, La Esmeralda, Arauca, where they tied him to a
pole and fired on him;
(d) Carlos Guegia was reportedly killed on 5 June 1992 at Restrepo,
Valle del Cauca, by three armed men who had asked him his name. Allegedly, he
had previously received death threats from members of the National Police;
E/cN. 4/1993/46
page 47
(e) Wilmar Andr s Cardona (14) was reportedly found dead on
21 July 1992 at Canteras de Colombia. After being injured by a taxi-driver,
he was said to have been taken to the Santander Military Base in Medellin,
where he was allegedly killed.
207. The following cases concern deaths of civilians that were reported to
the Special Rapporteur in the context of counter-insurgency operations
(31 August 1992) :
(a) Marta Cecilia Ayure Quintero (11) and two alleged members of FARC
were reportedly killed on 13 May 1992 during an attack by members of the First
Mobile Brigade of the Colombian Army on the home of her family at Vereda
Santander, tJribe, Meta;
(b) Tom s Cerinza Tunarosa and Salvador Rodriguez, both students,
were reportedly killed on 14 May 1992 by soldiers of a military patrol near
Paz de Ariporo, Arauca, who accused them of being guerrilleros, allegedly
solely because their identity cards showed that they came from Arauquita;
(c) Marlene de Jesi s Giraldo was reportedly killed on 24 November 1991
during a military operation at Campo Vijao, Yondo, Antioquia.
208. The Special Rapporteur also transmitted to the Government of Colombia the
following cases of alleged violations of the right to life in the context of
strikes in April 1992 (31 August 1992) :
(a) Employees of Telecom, the Colombian Telecommunications, were
reportedly threatened with death by members of the National Police for their
participation in a strike from 22 to 27 April 1992 in Bogota, in protest
against Government decisions affecting the firm;
(b) Joaquin Maria Caicedo Angulo, an employee of Telecom, was
reportedly found dead after he had disappeared on 18 April 1992 from Boacha,
Bogota. Police involvement in his death was alleged;
(c) Luis Enrique Lazaro Uribe and Luis Fernando Le6n, both members of
the Colombian Oil Workers' Union (ECOPETROL), were reported to be among more
than 120 persons extrajudicially executed in the region of Barrancabermeja
since the beginning of 1992, allegedly by elements linked to the State
security forces. Of those killed, 45 were said to have belonged to the same
trade union.
209. The following cases transmitted by the Special Rapporteur to the
Government of Colombia concern the alleged extrajudicial, summary or arbitrary
execution of eight persons for their membership of political parties, or human
rights and other civic organizations (31 August 1992) :
(a) Oscar Elias L6pez, lawyer and legal advisor to the Cauca Regional
Indigenous Council (CRIC), was reportedly killed on 29 May 1992 by unknown
assailants allegedly linked to the State security forces. It was reported
that he and other lawyers cooperating with CRIC had received death threats
before;
E/CN. 4/1993/46
page 48
(b) Hugo Varela Mondrag6n, lawyer and journalist, President of the
National Body of Community Housing Organizations (CENPAVI) and former
member of the peace negotiation commission established by ex-President
Belisario Betancourt, was reportedly killed on 21 April 1992 in Palmira,
Valle, by members of the F-2 Intelligence Unit of the Colombian Police;
(c) Five members of the town government of El Castillo, Granada, Meta,
Maria Mercedes M ndez, William Ocampo Castaflo, Rosa Peffia, Pedro Agudelo and
Ernesto Saralde, all members of UP, were reportedly killed on 3 June 1992 by
members of the armed forces when they were on their way back to El Castillo
from a meeting with the Governor of the Department and the Commander of the
VII Army Brigade at which they had reported death threats they had received
from the military;
(d) Ligia Patricia Cortez, a member of CREDHOS, Parmenio Ruiz,
President of the San Silvestre Transport Company Drivers' Union, and
Rena Tavera, a member of the ANUC, were reportedly assassinated on
30 July 1992 at a restaurant in Barrancabermeja by three unknown assailants,
allegedly linked to the State security forces.
210. The Special Rapporteur transmitted to the Government of Colombia the
following cases of alleged death threats and extrajudicial, summary or
arbitrary executions in which it was alleged that judicial investigations had
been closed and that those responsible had not been brought to justice
(31 August 1992) :
(a) Juan Alberto Garay, reportedly killed on 2 October 1991 at Umbria,
Risaralda;
(b) David Florez Gonzalez, Secretary-General of the Santander Teachers'
Union, Jose Angel Lasso Sierra, President of the Arauca Teachers' Association
(ASEDAR) and Urbano Barreto Arenas and Enrique Pertuz, members of ASEDAR,
reportedly subjected to death threats.
Communications received from the Government
211. The Government of Colombia provided the Special Rapporteur with
information on the following cases:
(a) Blanca Cecilia Valero de Dur n, killed on 29 January 1992: all
investigative mechanisms to identify the intellectual and material authors of
her killing were activated. An exhumation of her body was carried out at
Barrancabermeja, and the testimony of 25 people was taken. However, a strike
from 29 to 31 January 1992 hindered the investigation, which was nevertheless
being carried out by the Preliminary Investigation Unit of Barrancabermeja
(18 February 1992) ;
(b) Jorge G6mez Lizarazo, Rafael G6mez Serrano and Joel Quiroga of
CREDHOS (see above, para. 201) : personal protection was granted to them as
of 10 February 1992 by DAS (18 February 1992) . The Government of Colombia
further informed the Special Rapporteur that the protection of Jorge G6mez
Lizarazo and members of his family DAS had been reinforced in early
E/cN. 4/1993/46
page 49
September 1992 and was now provided by four detectives of DAS and four
agents of the Fiscalia Regional del Cuerpo OEcnico de Investigaci6n. One
detective was said to have been injured during an attack against Jorge G6mez
Lizarazo on 11 June 1992 (22 September 1992) ;
(c) Fabio de Jesi s Velasquez and his sons Luis Fernando and Oliverio
Velasquez Parra (see above para. 195) : investigations carried out by DAS had
confirmed their arrest on 15 January 1992 by three armed men. Later, the
bodies of Fabio de Jesi s and Luis Fernando Velasquez were found with marks
of bullet impacts. It was impossible to find out the whereabouts of
Oliverio Velasquez Parra. Judicial investigations were continued
(19 March 1992) ;
(d) Raquel Judith and Jorge Ernesto Bernal Dueffias (see above
para. 202) : the competent authorities had been requested to provide the
protection required. The purported victims should specify why they affirmed
that the telephone threats were made by security forces personnel, and they
should contact the Defensoria del Pueblo (18 November 1992) .
212. In addition, the Government of Colombia informed the Special Rapporteur
that the imposition of the state of internal unrest on 8 November 1992 was
necessary to prevent the escape from justice of people charged with serious
crimes. Following the lifting of the state of siege, a large number of
prisoners, including some involved in terrorist activities, were about to be
released, contrary to special norms concerning the deprivation of liberty
(10 November 1992) .
213. Pursuant to Commission on Human Rights resolution 1992/42, the Government
of Colombia supplied information about acts of violence leading to an
increasing number of deaths of civilians and members of the security forces,
committed by armed terrorist groups and armed irregular groups operating under
the auspices of drug traffickers (see above para. 191) .
Follow-up on allegations transmitted in previous years
214. The Special Rapporteur sent a letter to the Government of Colombia
following up on allegations transmitted earlier as well as the recommendations
made by the former Special Rapporteur after his on-site visit to that country
in 1989. In this letter, the Special Rapporteur expressed his appreciation of
the efforts made by the Colombian authorities to ensure the right to life by
providing police protection to a number of persons under death threats. On
the other hand, the Special Rapporteur also expressed his concern at reports
about continued human rights violations, including extrajudicial, summary or
arbitrary executions. In almost all cases, information supplied by the
Government of Colombia seemed to indicate that, even when investigations were
ordered and preliminary inquiries opened, in most cases those responsible were
not sanctioned nor did the families of the victims receive any compensation.
This is especially preoccupying since the conviction of the authors of
executions is indispensable for bringing to an end the climate of impunity
which constitutes one of the main problems in Colombia.
E/CN. 4/1993/46
page 50
215. The Special Rapporteur requested the Government of Colombia to provide
him with additional and updated information concerning the cases which, at
the time of the reply, were still under investigation, as well as those for
which no reply had been received so far from the competent authorities.
The Special Rapporteur also conveyed to the Government of Colombia his
availability for a second visit to the country to ensure the effective
follow-up of the recommendations made after the first visit and to assist
the authorities in their efforts to ensure effective protection of the right
to life.
Cuba
216. The Special Rapporteur has received reports and allegations concerning
extrajudicial, summary or arbitrary executions in Cuba. Several reports
concerned cases of capital punishment after trials in which the defendants
allegedly did not benefit from all the internationally recognized safeguards
and guarantees for fair trial. Procedural shortcomings reportedly affected
their right to adequate legal representation and to dispose of sufficient time
to prepare their defence.
217. The Special Rapporteur has also received allegations concerning deaths
due to the excessive use of force by members of the police and the military.
Moreover, as in former years, he has continued to receive reports about death
threats against human rights activists.
Communications sent by the Special Rapporteur
218. The Special Rapporteur transmitted to the Government of Cuba information
he had received concerning the alleged violation of the right to life of
11 persons. Two cases allegedly constituted violations of the right to
freedom of opinion and expression and peaceful assembly and association. By
sending two urgent appeals, the Special Rapporteur intervened on behalf of
five persons. The remaining six cases were sent in a separate letter. The
Government replied to all allegations.
Urgent appeals
219. Both urgent appeals sent to the Government of Cuba regarded the alleged
imminent execution of death sentences:
(a) Daniel Santovenia Fernandez, Pedro de la Caridad Alvarez Pedroso
and Eduardo Diaz Betancourt had reportedly been convicted of sabotage against
the Government and sentenced to death on 11 January 1992 in a trial that was
said to have lasted only seven hours (15 January 1992) ;
(b) Luis Miguel Almeida Perez and Rena Salmer6n Mendoza had reportedly
been convicted of pirateria (piracy) and murder and sentenced to death by a
State Security Tribunal in Havana. It was alleged that their lawyers had not
been independent (11 February 1992) .
E/cN. 4/1993/46
page 51
Other allegations
220. Three persons had reportedly died as a result of excessive use of force
by law enforcement officials (31 August 1992) :
(a) Jose Manuel Meja was reportedly killed in May 1992 when he passed
the entrance of the military unit Vaca Muerta, San Antonio de los BaThos, on
his motorcycle in search of gasoline. It was alleged that the soldiers did
not give a warning before shooting him in the back at close range;
(b) B rbaro O'Reilly was reportedly killed by a policeman in Ciudad de
Mor6n, Ciego de Avila, in October 1991. According to the source, he had
reproached the policeman for beating a person;
(c) Jose Francisco GonIIlez Campo was reportedly shot dead on
10 May 1992 by a police officer who had arrested him after a bicycle accident
in the Parraga district of Havana.
221. One case transmitted by the Special Rapporteur to the Government
of Cuba concerned the alleged death in custody as a result of torture of
Angel Luis Merencio Perez, who had reportedly been arrested in October 1991 in
Ceballos, Mor6n, Ciego de Avila, when he could not present his identity card
to a policeman who asked for it. His body allegedly showed marks of beatings.
It was further alleged that the authorities did not open any investigation
into the case.
222. The Special Rapporteur also transmitted to the Government of Cuba two
cases in which human rights activists had reportedly received death threats
(31 August 1992) :
(a) Juan Betancourt Morej6n, Secretary-General of the Cuban Human
Rights Party (PPDHC) , was reportedly approached in the street in Havana on
21 February 1992 by two men who held a revolver to his head and pulled the
trigger, telling him that next time the gun would be loaded and that he should
not continue his human rights activities. It was alleged that the assailants
were linked to the State security forces;
(b) Jorge Amores Diaz, Vice-President of PPDHC, was reportedly
threatened with death by two high-ranking State security officials who stopped
him in the street in Havana in February 1992.
Communications received from the Government
223. The Government of Cuba provided the Special Rapporteur with replies to
all the cases transmitted in 1992, sending him the following information.
Urgent appeals
224. Daniel Santov nia Fernandez, Pedro de la Caridad Pedroso and Eduardo
Diaz Betancourt were sentenced to death, after trial in which all procedural
safeguards were respected, for propaganda enemiga (enemy propaganda) , sabotaje
(sabotage) and terrorismo (terrorism) and illegal entry into Cuba with the
E/CN. 4/1993/46
page 52
intention of carrying out these crimes, in conformity with articles 103, 104,
105, 106 and 124 of the Cuban Penal Code. All three defendants benefited from
legal representation. Their conviction was based on the declarations of
three witnesses, the confiscation of weapons and explosives and their
confessions in which they had admitted their responsibility. The death
sentences of Daniel Sant6venia Fernandez and Pedro de la Caridad Pedroso were
commuted on appeal to 30 years' imprisonment. Eduardo Diaz Betancourt was
executed (28 January 1992) .
225. Luis Miguel Almeida Perez and Rena Salmer6n Mendoza were convicted of
murder for piracy and sabotage and sentenced to death, in conformity with
article 29 of the Cuban Penal Code. Both had legal representation chosen by
their families. The death sentences were confirmed in the second instance.
At the time of the reply, the cases were being heard by the State Council
(24 February 1992) .
Other allegations
226. None of the deaths reported was caused by extrajudicial, summary or
arbitrary execution; they were isolated instances. Where excessive use of
force by security forces personnel was established, those responsible were
sanctioned in conformity with the law (6 November 1992) :
(a) Jose Manuel Mija (not Meja) was surprised when he tried to steal
gasoline and tried to run away towards other military zones to which access
was prohibited. He did not obey orders to stop nor warning shots until he was
finally reached by a bullet that caused his death;
(b) B rbaro Herrada Diez (not O'Reilly) was killed when Sergeant Juan
Carlos Ramos Escalero fired shots into the air during a discussion with a
third person. One of these shots killed him. The sergeant was sentenced to
12 years' imprisonment, in conformity with Cuban law.
(c) JIIgel Luis Merencio Perez was detained on 22 September 1991. He
was injured during a fight with a fellow prisoner and died while being treated
at a medical centre. The prisoner responsible for his death was sentenced to
five years' imprisonment. Although not directly involved, one prison
official, Eusebio Rios Gonzalez, was sanctioned for negligence in the process
that led to Merencio Perez' death;
(d) Juan Betancourt Morej6n and Jorge Amores Diaz: the allegations
were false. Betancourt Morej6n left Cuba on 24 April 1992, Amores Diaz during
the month of July 1992;
(e) Jose Francisco GonIIlez Sampa tried to steal a bicycle on
10 May 1992 and was prevented from doing so by Police Sector Chief Juan
GonIIlez Rego. When he attacked the latter with a machete, the policeman
fired a shot that killed him. A judicial investigation (case 335/1992)
established that Juan Gonzalez Rego had used excessive force in the exercise
of his functions, and he was sentenced to three years' imprisonment.
E/cN. 4/1993/46
page 53
Follow-up on allegations transmitted in 1991
227. The Special Rapporteur sent a letter to the Government of Cuba following
up on the allegations of extrajudicial, summary or arbitrary executions
that had been transmitted to that country in 1991 (see E/cN.4/1992/30,
paras. 133-137) .
228. The Government of Cuba had provided replies to these allegations,
indicating that judicial investigation had led to the conviction and
imprisonment of several members of the security forces for excessive use
of force, while others had been acquitted, having acted in legitimate
self-defence. In two cases, it was stated that investigations were still
under way. The Special Rapporteur requested the Government of Cuba to provide
him with updated information, in particular concerning any decisions taken as
a result of such proceedings and measures adopted as a consequence thereof.
Observations
229. The Special Rapporteur welcomes the willingness to cooperate shown by the
Government of Cuba by providing him with detailed information in reply to all
allegations transmitted both in 1991 and 1992. The Special Rapporteur has
noted with satisfaction that judicial investigations have been carried out in
most of the cases, leading to the conviction and imprisonment of law
enforcement officials who had used excessive force. As concerns the
application of the death penalty, the Special Rapporteur has transmitted the
replies provided by the Government of Cuba to the sources that had alleged
irregularities in the trial procedures, asking them to forward comments and
observations. A full assessment of these cases will be presented to the
Commission on Human Rights at its fiftieth session.
Dominican Republic
Communications sent by the Special Rapporteur
230. The Special Rapporteur sent an urgent appeal to the Government of the
Dominican Republic after he had received information according to which
the police had used lethal force against demonstrators in Santo Domingo.
Rafael Efrain Ortiz, the President of the Dominican Human Rights Committee,
was reportedly killed on 20 September 1992 and one 17-year-old youth on
23 September 1992 (27 October 1992) .
Communications received from the Government
231. At the time of the preparation of the present report, no communications
had been received from the Government of the Dominican Republic.
E/CN. 4/1993/46
page 54
Follow-up on allegations transmitted in 1991
232. The Special Rapporteur sent a letter to the Government of the Dominican
Republic following up on allegations of extrajudicial, summary or arbitrary
executions transmitted to that country in 1991, for which no replies had been
received (see E/CN.4/1992/30, para. 139) .
Egypt
Communications sent by the Special Rapporteur
233. The Special Rapporteur has received reports according to which three men
were killed in the village of Bassarta, Governorate of Domyat, in late
December 1991 or early January 1992. Allegedly, Central Police troops had
been surrounding the village since 24 December 1991. The Special Rapporteur
transmitted these cases to the Government of Egypt. The names of the persons
killed were reported to him as follows: Ez El Din El Ashar, Eid El Shabrawi
and Taha Lofti El Genadi.
Communications received from the Government
234. The Government of Egypt informed the Special Rapporteur that the three
aforementioned persons formed part of a group of 20 terrorist extremists who
had attacked two coffee-houses and a furnishing store in the town of Damietta
on 12 December 1991 and attempted to kidnap the son of one of the officers
responsible for monitoring and dealing with terrorist extremist activities on
19 December 1991. On 25 December 1991, the police were informed that the
wanted fugitives were hiding in a house near the village of Al-Basar Taha
near Damietta. Police units surrounded the house. The terrorists opened
fire on them and threw explosives, injuring one policeman and forcing the
police to take action against them. Izz ed-Din Muhammad al-Ashgar, Taha Lutfi
al-Junaidi and Eid al-Shubrawi Fath al-Bab were killed. The Department of
Public Prosecutions conducted an investigation and decided to refer the matter
to the Criminal Court, which recognized the lawfulness of all measures taken
by the law enforcement agencies.
235. The Government of Egypt also informed the Special Rapporteur about the
constitutional, legal and international safeguards for human rights and
freedoms in Egypt and referred, in particular, to the inspection and control
of the conduct and behaviour of law enforcement officials of the Ministry of
the Interior. It was also stated that allegations of human rights abuses made
in reports of international and regional organizations were investigated by a
joint committee of the ministries and other governmental bodies, and that all
the various branches of law were taught at the Egyptian Police Academy, where
a separate department had been established for studies and research on human
rights (23 November 1992) .
E/cN. 4/1993/46
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Follow-up on allegations transmitted in 1991
236. The Special Rapporteur sent a letter to the Government of Egypt following
up on allegations of extrajudicial, summary or arbitrary executions
transmitted to that country in 1991 for which no reply had been received from
the Government (see E/CN.4/1992/30, paras. 143-144) .
El Salvador
237. The reports and allegations that have come before the Special Rapporteur
indicate that human rights violations, including extrajudicial, summary or
arbitrary executions, continue to occur in El Salvador despite the signing of
a peace agreement on 16 January 1992 and the subsequent cessation of
hostilities after 12 years of armed conflict between the Government of
El Salvador and the Farabundo Marti National Liberation Front (FMLN) , which
caused more than 75,000 deaths.
238. According to the peace agreement, the FMLN agreed to demobilize its
forces in exchange for a wide range of political, electoral, military,
judicial and socio-economic reforms and the creation of new mechanisms for the
protection of human rights. During the third round of negotiations, held in
San Jose, Costa Rica, from 20 to 26 July 1990, the Government and FMLN signed
a human rights agreement by which the two parties undertook to respect
elementary human rights. The agreement also provided for the establishment
of an international verification procedure within the framework of a
United Nations mission. Pursuant to the San Jose Agreement of 26 July 1990,
the Salvadorian armed forces have established various procedures governing
arrest and the rights of detainees. Furthermore, members of the armed forces
and the security forces continued to receive regular instruction on human
rights and international humanitarian law applicable in armed conflicts.
239. During a further round of negotiations in Mexico City from
4 to 27 April 1991, agreement was reached concerning amendments to several
articles of the Salvadorian Constitution with a view, inter alia , to
strengthening respect for and protection of human rights. The establishment
of a National Civil Police under the control of civilian authorities was
agreed on, as well as the institution of a Commission on the Truth to
investigate serious acts of violence that have occurred since 1980. This
Commission was established on 13 July 1992. It will deliver its report on
13 January 1993. The Ombudsman for Human Rights started his activities
on 27 July 1992.
240. Nevertheless, the Special Rapporteur continued to receive allegations
concerning violations of the right to life. Reportedly, between January and
May 1992, the Human Rights Division of the United Nations Observer Mission in
El Salvador (ONUSAL) received allegations concerning the death of 105 persons.
Deaths that occurred in the western and central regions of El Salvador were
often attributed to excessive and arbitrary use of force and firearms by
members of the Servicio Territorial (Territorial Service) , groups of armed
civilians collaborating with the armed forces, and members of the now
disbanded Civil Defence Forces. In other regions of the country, some of the
killings reported to ONUSAL were said to be common crimes.
E/CN. 4/1993/46
page 56
241. Despite the efforts made by the authorities, which included the
disbanding of certain military units and security forces notorious for human
rights violations, the Special Rapporteur received a number of reports
concerning killings and acts of harassment and intimidation perpetrated by
members of the security forces and so-called “death squads”, allegedly created
by or linked to the Salvadorian security forces or operating with their
acquiescence. Members of trade unions, often accused by the security forces
of being linked with the armed opposition, were repeatedly said to be targets
of killings and threats. The Special Rapporteur also received allegations of
violations of the right to life committed by members of the security forces
against members and suspected supporters of FMLN. Members of FMLN were also
reported to be responsible for a large number of killings and attempts against
the lives of security forces personnel and civilians, often in the context of
armed assaults.
242. In a large number of cases, it was reported to the Special Rapporteur
that the Salvadorian authorities failed to investigate thoroughly alleged
human rights abuses and identify and bring to justice those responsible.
Several sources expressed their concern that this might undermine the
effectiveness of the human rights-related reforms resulting from the peace
accords.
Communications sent by the Special Rapporteur
243. The Special Rapporteur transmitted to the Government of El Salvador
information he had received concerning violations of the right to life of
43 persons, including two minors; 14 cases allegedly constituted violations of
the right to freedom of opinion and expression, religion, and peaceful
assembly and association. The Special Rapporteur intervened on behalf of
19 persons by sending five urgent appeals; the remaining 24 cases were
transmitted in a separate letter. The Government provided information
regarding eight cases.
244. Copies of these allegations were made available to the Human Rights
Division of ONUSAL, which, in turn, provided the Special Rapporteur with
useful information. The Special Rapporteur has also received information
regarding a number of cases of alleged extrajudicial, summary or arbitrary
executions gathered by the independent Expert of the Commission on Human
Rights on the situation of human rights in El Salvador during his visit
to the country in September 1992. These cases are summarized in the
interim report of the independent Expert to the General Assembly at its
forty-seventh session (A/47/596) . The Special Rapporteur transmitted
these cases to the Government of El Salvador in November 1992, asking the
authorities to provide him with information. Given the late date of
transmittal, they will be included in his report to the Commission on
Human Rights at its fiftieth session in 1994.
Urgent appeals
245. The Special Rapporteur sent four urgent appeals to the Government of
El Salvador concerning death threats and attempts against the lives of the
following persons:
E/cN. 4/1993/46
page 57
(a) The following 11 members of the Protestant National Council of
Churches (CNI) received written death threats on 7 January 1992 from a group
called “Secret Army of National Salvation” for their alleged financial and
logistical support to FMLN during the armed conflict: Victoriano Jimeno,
Medardo G6mez, Hugo Magaffia, Flora Carolina Fuentes, Carlos N jera,
Roberto Palacios, Julio C sar Grande, Ignacio Meza, Santiago Flores,
Luis Serrano and Angel Ibarra. Roberto Palacios and Ignacio Meza had
allegedly already been subjected to threats (28 January 1992);
(b) Death threats were reportedly made in late March 1992 against
Lucia de la Paz Bonilla, mother of Nazario de Jesi s Gracias, a trade unionist
allegedly assassinated on 2 March 1992 by members of a death squad linked to
the Salvadorian armed forces. Lucia de la Paz Bonilla reportedly received a
visit by two armed men after she had been visited by members of ONUSAL who
were investigating the case of her son (24 June 1992) ;
(c) Salvador Ivan Ramirez, Conflicts Secretary of the National Trade
Union Federation of Salvadorian Workers (FENASTRAS) , was reportedly killed on
31 July 1992 and death threats made against other members of FENASTRAS,
including its Secretary-General, Juan Jose Huezo, and Miguel Alfredo Ramirez.
A death squad called “White Hand” was said to be responsible for the killing
of Salvador Ivan Ramirez, who had reportedly received death threats on several
occasions since his return from exile in 1991 (21 August 1992) ;
(d) Jose Eduardo Pineda Valenzuela reportedly suffered an attempt
against his life on 31 July 1992. Shortly before, Jose Eduardo Pineda
Valenzuela had joined the office of the Ombudsman for Human Rights after
having participated, in his capacity as member of the Human Rights Department
of the Office of the Attorney General of El Salvador in the trial against nine
members of the military accused of the murder of six Jesuit priests and
two women in 1989. Reportedly, on 17 August 1992 the wife of Jose Eduardo
Pineda Valenzuela, who was injured and remained partially paralysed after the
attempt, was threatened with death by the same armed men if she cooperated
with the investigators of the case. In the same urgent appeal, the
Special Rapporteur expressed concern at reports about attempts against the
life of Reyes Tom s Martinez Ramos, FMLN General Coordinator of the Usulut n
Reconstruction Commission, in July and August 1992 (14 September 1992) .
246. The Special Rapporteur sent another urgent appeal to the Government of
El Salvador after receiving information that on 23 October 1992 Cesar Vielman
Joya Martinez had been extradited to this country by the authorities of the
United States of America (see below para. 631) and was held at Mariona prison.
Mr. Joya Martinez had repeatedly claimed to have been a member of the
so-called “death squads” of the Salvadorian Army, and the information in his
possession was said to incriminate various persons. Fears for his safety had
been expressed (1 December 1992) .
Other allegations
247. The Special Rapporteur transmitted to the Government of El Salvador the
following allegations of the extrajudicial, summary or arbitrary execution of
24 persons (31 August 1992) :
E/CN. 4/1993/46
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(a) Jose Samuel Fuentes Marroquin, by members of the National Police
and soldiers of the Cavalry Regiment on 25 September 1991 in Lourdes, Col6n,
La Libertad. Allegedly, the Attorney General's Office has not responded to
the denunciation of the case by the victim's mother;
(b) Francisco Antonio Ventura V squez and Marlene Cristina M ndez
V squez, on 28 September 1991 by soldiers from Military Detachment No. 2 at
Ciudad Sensuntepeque, Cabaffias. Their bodies were said to have shown signs of
torture;
(c) Wilfredo Guill n Garcia, by a former member of the National Guard
on 29 September 1991 in Lourdes, Col6n, La Libertad. Allegedly, the murderer,
who had been identified, was not arrested although an arrest warrant had been
issued;
(d) Jorge Alberto Aguirre L6pez, by members of the police on
4 October 1991 at the police prison El Congo, Cant6n El Zacatal, Coatepeque,
after having been arrested for deserting the army;
(e) Victor Eduardo Olmedo Escobar, on 18 December 1991 by members of
the Marine Infantry Battalion (ElM) when he did not obey an order to stop at
Acajutla, Sonsonate;
(f) Mauricio Santamaria, Jorge Alberto Alvarez Corvera and
Carlos Hern ndez Paredes, on 20 December 1991 by soldiers from the Guzman Lara
Battalion of the Cavalry Regiment, at Finca San Antonio, Talnique;
(g) Jorge Antonio Mejia Rivera, on 29 December 1991 by soldiers from
the First Infantry Brigade at Cuscatancingo, San Salvador;
(h) Nicol s Rodriguez Rivera, when he got off a bus on 19 January 1992
at Sensunetepeque, Cabaffias, by a soldier from Military Detachment No. 2;
(i) Nora Marleni Bolaffios Rodriguez, on 24 January 1992 in San Salvador
(Mejicanos) by members of the National Police who had tried to rape her;
(j) Edwin Omar de Paz GonIIlez, judge at El Puerto de la Libertad, on
3 February 1992 by members of a death squad on the road to El Puerto de la
Libertad, Ciudad Nueva de San Salvador;
(k) Celestino Flores, on 3 February 1992 by armed men allegedly linked
to paramilitary forces, at his home in San Pablo Tacachico;
(1) Pedro Luis Medrano P&ez, on 10 February 1992 by heavily armed men
allegedly linked to paramilitary forces who abducted him when he was waiting
for a bus at El Congo, Department of Santa Ana. On the following day, his
body was said to have been found in the street bearing marks of beating;
E/cN. 4/1993/46
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(m) Juan Francisco Cruz Ventura, on 29 February 1992 by an agent of the
National Police who had detained him in the street at Poblaci6n de Berlin,
tJsulut n, while he was running away from a man who had threatened him with a
grenade. Allegedly, members of his family were threatened by the police if
they continued to investigate his death;
(n) Fabian Umaffia Ruiz, on 12 March 1992 by unknown armed men allegedly
linked to paramilitary forces at his home in Apastepeque, San Vicente;
(o) Carlos Humberto Reinoza Hurtado and Jorge Alejandro Reinoza
Hurtado (14) , on 21 March 1992 at Finca Patricia, Chalchuapa, by armed men
linked to paramilitary forces;
(p) Alicia Guadalupe Portillo Lovo and Emedino Chavez L6pez, reportedly
found dead on 7 April 1992 at San Luis Tutultepeque, Nejapa, allegedly after
having been killed by unknown persons linked to the security forces;
(q) Jose Elias Martinez Mulato, on 16 April 1992 at his home in Nueva
San Salvador, La Libertad, by a group of soldiers from the Salvadorian Army;
(r) JIIdres Roberto Oliva Gavidia, on 6 May 1992 at Ciudad de
San Vicente, allegedly by members of the military;
(s) Tom s David Espaffia Garcia, on 8 May 1992 by unknown persons
allegedly linked to the security forces at Texistepeque, Santa Ana;
(t) Dolores Alberto Serrano Aguirre (14) , on 11 May 1992 by guards of
the Hacienda Veracruz, Cant6n San Francisco Zaragoza, allegedly for supporting
the guerrillas;
(u) Jose Salvador Calder6n Escobar reportedly died on 17 May 1992 as a
consequence of injuries inflicted upon him during detention at the municipal
police station of Soyapango, San Salvador, where he was allegedly subjected to
heavy beating.
Communications received from the Government
248. The Government of El Salvador provided the Special Rapporteur with
information in reply to the following cases:
(a) Concerning Mirtala L6pez and others (see E/CN.4/1992/38,
paras. 155-158) , the FAS was a “phantom” organization; there was no
information on this group. This type of death threat, received by some trade
unionists and political leaders, had not materialized; none of them had
suffered any harm so far. Those affected had refused to accept the protection
offered to them by the security forces. Allegations before international
organizations thus had the sole aim of disparaging the Government and its
armed forces (14 January 1992) ;
(b) Jose Palacios was arrested on 19 November 1991 by members of the
National Guard on suspicion of supporting the guerrillas. He was handed over
to the Sixth Criminal Court of San Salvador. During his detention he had not
E/CN. 4/1993/46
page 60
suffered any ill-treatment. Jose Ignacio Meza was arrested by National Guard
personnel who found him in possession of Marxist-Leninist literature and
200 M-16 rifle cartridges. After he admitted being an active member of the
FMLN he was handed over to the court of first instance at Cojutepeque
(21 April 1992) ;
(c) Salvador Ivan Ramirez was killed on 31 July 1992 at the cafeteria
“El Portal” in Redondel Masferrer by David Armando Flores Romero, who was
arrested by the police on 27 August 1992 and identified by witnesses of the
incident. He was said to have confessed to having committed the murder for
private reasons (23 September 1992) ;
249. Pursuant to Commission on Human Rights resolution 1992/42, the Government
of El Salvador submitted a large number of notes verbales concerning numerous
acts of violence, including killings and death threats, committed by members
of the FMLN.
Follow-up on allegations transmitted in 1991
250. The Special Rapporteur sent a letter to the Government of El Salvador
following up on allegations of extrajudicial, summary or arbitrary executions
that had been transmitted to that country in 1991.
251. The Government of El Salvador had provided the Special Rapporteur with a
reply on one of these cases (see E/CN.4/1992/30, para. 166) . The
Special Rapporteur requested the Government of El Salvador to provide him with
information concerning the cases for which no reply had been received.
Equatorial Guinea
Communications sent by the Special Rapporteur
Urgent appeals
252. The Special Rapporteur sent an urgent appeal to the Government of
Equatorial Guinea concerning Norberto Ndong Abia, a member of the presidential
security guard, who was reportedly sentenced to death for murder on 23 or
24 November 1992 by a military tribunal. It was alleged that those sentenced
to death by such courts do not have the opportunity to exercise their right to
appeal (4 December 1992) .
Other allegations
253. The Special Rapporteur transmitted to the Government of Equatorial Guinea
two cases of alleged death in detention as a result of torture
(31 August 1992) :
(a) Alberto Alogo reportedly died in early 1990 after having been
subjected to torture at a police station in Bata;
E/cN. 4/1993/46
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(b) Diosdado Abaga Nvo reportedly died on 5 July 1992 after having been
tortured by members of the police in Malabo. It was alleged that high-ranking
government officials were involved in this case. Reportedly, a trial that
took place after his death did not have consequences for those responsible.
Communications received from the Government
254. At the time of the preparation of the present report, no communications
had been received from the Government of Equatorial Guinea.
Ethiopia
Communications sent by the Special Rapporteur
255. The Special Rapporteur sent an urgent appeal to the Government of
Ethiopia after receiving allegations according to which four leaders of the
Ethiopian People's Revolutionary Party (EPRP) , Tsegaye Gebremedhin,
Yisehak Bebretsion, Belete Amena and Sitotaw Husseing, were in danger of
extrajudicial execution. The four were said to have been part of a group of
23 Ethiopian refugees residing in a transit camp in the Sudan who had been
handed over by Sudanese security forces to the Ethiopian authorities. While
19 of them had reportedly been released or were about to be released, these
four remained in detention at Azezo prison, near Gorder. In the light of
reports that other leaders of their party had disappeared after being taken
into custody, fears for their lives were expressed (24 July 1992) .
Communications received from the Government
256. The Government of Ethiopia provided the Special Rapporteur with
information in reply to the aforementioned urgent appeal. The Government
corrected the names of the four EPRP leaders in detention, stating that from
the thrust of the communication it was obvious that the reference was to
Said Hassen, Said Daud, Beyene Gura and Meshesha Moges. These four,
commanders of the military wing of the EPRP, had not been handed over by
Sudanese security forces but were apprehended while engaged in unlawful
military activities in the western part of Ethiopia. Their case was under
investigation by the competent authorities and they were enjoying every
protection and all the amenities accorded to detainees under various
international human rights instruments and the Code of Criminal Procedure of
Ethiopia. The detainees were awaiting a fair trial. The reports that other
EPRP leaders had been executed were unfounded and untrue (4 November 1992) .
Follow-up on allegations transmitted in 1991
257. The Special Rapporteur sent a letter to the Government of Ethiopia
following up on allegations of extrajudicial, summary or arbitrary executions
transmitted to that country in 1991. No reply had been received from the
Government. The Special Rapporteur requested the Government to provide him
with information concerning these allegations (see E/CN.4/1992/30,
paras. 175-180) .
E/CN. 4/1993/46
page 62
Ghana
258. The Special Rapporteur has received reports indicating that procedures
leading to the imposition of the death penalty in Ghana were not in conformity
with all internationally recognized safeguards and restrictions relating to
capital punishment.
259. Most of the death sentences in Ghana are said to be passed by the Public
Tribunals, special courts established by the present military government in
1982 under the Public Tribunals Law of 1982 (Provisional National Defence
Council (PNDC) Law 24) . It has been alleged that in practice there is no
established or binding procedure for cases presented before these tribunals.
JII amendment to PNDC Law 24 in August 1984 (PNDC Law 78) reportedly instituted
a National Public Tribunal as a higher court and instance of appeal. The
National Public Tribunal also tries cases itself and hears appeals against its
own decisions, sitting as National Appeals Tribunal. Allegedly, judges
hearing the appeal may be the same as those who imposed the death sentence
challenged on appeal. Moreover, it was alleged that the members of the
tribunals, appointed by PNDC, are not fully independent and are not required
to have legal training. However, no reports were received about the carrying
out of death sentences in Ghana.
Communications sent by the Special Rapporteur
260. The Special Rapporteur transmitted two cases to the Government of Ghana
(31 August 1992) . Both concerned death sentences passed on:
(a) Kofi Ntorie, convicted of murder and sentenced to death by the
Western Regional Public Tribunal on 18 January 1992; and
(b) Kwaku Duroh, convicted of murder and sentenced to death by the
Ashanti Regional Public Tribunal in January 1992.
Communications received from the Government
261. The Government of Ghana provided the Special Rapporteur with information
concerning the cases mentioned in the preceding paragraph, stating that
neither of the two men had so far been executed (2 November 1992) .
(a) Kofi Ntorie was tried by the Western Regional Public Tribunal,
convicted of murder and sentenced to death on 18 December 1991. He was not
represented by counsel because several requests for representation by the
Legal Aid Council were not heeded. He will not be executed until he has gone
through two stages of appeal (Appeal and Review) . Even though, if filed now,
an appeal would be “out of time”, it would still be considered;
(b) Kwaku Duroh was duly tried and represented by competent counsel
throughout his trial. He was convicted on 13 January 1992 by a panel of three
presided over by a lawyer. An appeal against this sentence was filed on
16 January 1992, within the statutory period. He will not be executed until
the Appellate and Review Division confirms the decision.
E/cN. 4/1993/46
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Grenada
Follow-up on allegations transmitted in 1991
262. The Special Rapporteur sent a letter to the Government of Grenada
following up on allegations of extrajudicial, summary or arbitrary executions
transmitted to that country in 1991, for which no replies had been received
(see E/CN.4/1992/30, paras. 185-188) .
Guatemala
263. The reports and allegations that have come before the Special Rapporteur
indicate that widespread human rights violations for political reasons,
including extrajudicial, summary or arbitrary executions, continue to occur in
Guatemala.
264. Although the overall figures regarding extrajudicial, summary or
arbitrary killings seem to have declined in 1992 (the accounts presented by
different human rights organizations vary between 186 and 388 extrajudicial,
summary or arbitrary executions during the first six months of 1992) , the
Special Rapporteur still received an alarming number of alleged violations of
the right to life. According to the reports, these continued to be committed
by members of the armed forces, the civil defence patrols (PAC) , agents of
various police units and so-called “death squads” allegedly collaborating with
them. The Special Rapporteur also received reports of killings carried out by
members of the guerrilla group National Revolutionary Unit of
Guatemala (tJNRG) .
265. Violations of the right to life continued to occur against the background
of the armed conflict between the Government and UNRG. Peace negotiations
that started in 1991 reportedly reached a deadlock over human rights issues,
while armed confrontations between the military and the guerrillas were said
to persist. Several cases of civilian casualties as a consequence of army
attacks on villages as part of the Government's counter-insurgency strategy
were reported to the Special Rapporteur in early 1992.
266. As in past years, those most often reported as victims of death threats,
acts of harassment and intimidation and killings imputed to the State security
forces and their collaborators were persons linked to trade unions and
political opposition groups, members of organizations that represent
indigenous people, human rights activists, peasants, students, academics,
journalists and street children. Violence against the last was said to have
persisted. A special task force of the police was created in February 1992,
reportedly to combat common crime, the so-called Hunapi (Hunters) , comprised
of members of the National Police, the Treasury Police and the Mobile Military
Police (PMA) . Hunapi agents as well as members of private security firms
operating under licence of the National Police and the Ministry of the
Interior were repeatedly said to be responsible for violence against street
children and those working with them, particularly those affiliated with the
Casa Alianza (Covenant House) .
E/CN. 4/1993/46
page 64
267. An alarming number of alleged death threats and attacks against, and
killings of, university students and teachers, in particular of San Carlos
University (USAC) in Guatemala City, was reported to the Special Rapporteur
throughout the year. The attention of the Special Rapporteur was also
repeatedly drawn to violations of the right to life of members of several
human rights groups, trade unions and other civic organizations including the
following: the Centre for the Investigation, Study and Promotion of Human
Rights (CIEPRODH), the Mutual Support Group for the Appearance of Our
Relatives Alive (GAN) , the National Coordination of Guatemalan Widows
(CONAVIGUA) , the Council of Ethnic Communities “We are all Equal” (CERJ) , the
National Union of Guatemalan Workers (UNISTRAGUA), the National Electrical
Workers' Union (STINDE) and the University Students' Association (AEU) .
268. Concerning rural areas, the Special Rapporteur received information to
the effect that peasants, especially from the indigenous communities,
continued to suffer acts of harassment, intimidation and death threats after
refusing to join the ostensibly voluntary civilian defence patrols.
269. The Special Rapporteur received further information according to which
these human rights violations took place in a climate of impunity. It was
alleged that only in very few cases were judicial proceedings initiated which
led to the identification and conviction of those responsible for human rights
violation. In particular, the civil defence patrols are said to operate with
impunity. The Special Rapporteur also received several reports concerning
acts of intimidation and harassment and death threats to deter relatives of
victims of human rights abuses and witnesses in legal proceedings from
denouncing human rights violations and/or providing testimony against members
of the security forces or those collaborating with them.
Communications sent by the Special Rapporteur :
270. The Special Rapporteur transmitted to the Government of Guatemala
information that had come before him concerning the alleged violation of the
right to life of at least 100 persons. In eight cases, the victims were said
to be minors. Twenty-five cases allegedly constituted violations of the right
to freedom of expression and opinion, religion, and peaceful assembly and
association. The Special Rapporteur intervened on behalf of more than
60 persons by sending 20 urgent appeals. Allegations concerning violations of
the right to life of at least 40 persons were sent in a separate letter. The
Government provided information regarding 52 persons.
Urgent appeals
271. Relatives of the anthropologist and human rights activist
Myrna Mack Chang, assassinated in September 1991, and journalists covering the
judicial proceedings against those presumed to be responsible for her death,
reportedly received death threats during late 1991, and early 1992
(9 January 1992) .
E/cN. 4/1993/46
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272. Florencio Coj Garcia, Guadalupe Coj Garcia, Manuel Chingo de la Cruz,
Mariano de la Cruz and 11 others, all members of the Quiche indigenous
community in Tunaj , Zacualpa, El Quiche, were reportedly threatened by
military personnel in January 1992 in connection with the exhumation of
clandestine cemeteries in Tunaj in December 1991 (7 February 1992) .
273. On 26 January 1992, a leaflet containing death threats signed by a death
squad called “Anti-Communist Unit” was reportedly handed to Armando Sanchez,
Secretary-General of the National Federation of State Workers' Trade Unions in
Guatemala (FENASTEG) . The text also threatened the following persons:
Amilcar M ndez, President of CERJ, Byron Morales, Coordinator of UNISTRAGUA,
Rosalinda Tuyuc, President of CONAVIGUA, Nineth Montenegro de Garcia,
President of GAM, and Juan Mendoza, a leader of the Farmers' Unity Committee.
On 31 January 1992, Rosa Pu G6mez, member of CONAVIGUA, was reportedly
threatened in the street by an armed man who accused her of being a member of
the FARC or the Rebel Armed Forces (17 February 1992) .
274. Francisco Tziac, a 16-year-old “street child”, was reportedly subjected
to continuous acts of harassment and threats after he had witnessed the murder
of his friend Naham n Carmona by four police officers on 4 March 1990. On
18 December 1991, he was said to have been abducted by police and threatened
with death but managed to escape (17 February 1992) .
275. Roberto Yancor and Jorge Ramirez, both members of the Quetzaltenango
Workers' Union, the “Praxis” theatre group and different students'
associations, reportedly received anonymous telephone calls and written death
threats signed by a death squad called “Secret Anti-Communist Army” on various
occasions since September 1991. The same death squad reportedly also
threatened another trade unionist, Jose Mercedes Sotz Cat of Guatemala City
(24 June 1992) .
276. Pedro Us Soc, assistant professor at USAC and leading member of the
Guatemalan Teachers' Association and the National Teachers' Assembly, and his
wife Florindalma Ixtahual n, secretary in an indigenous organization, both
members of the Quiche indigenous group, reportedly received death threats on
various occasions between September 1991 and March 1992. It was alleged that
these threats were related to the killing of Manuel Estuardo Peffia, a professor
at USAC, on 10 February 1992, allegedly by members of the security forces.
(24 June 1992) .
277. On 12 March 1992, David Estuardo Mejia Paz (17) was reportedly abducted
by armed men who interrogated him about the whereabouts of his brother
Axel Mejia Paz, a collaborator of Casa Alianza, whom they threatened to kill.
Axel Mejia Paz had been the principal witness in proceedings against 13
members of the police unit Civic Protection System accused of beating up three
street children on 7 November 1991 (24 June 1992) .
278. Londy Urizar, a receptionist at Casa Alianza, reportedly received
anonymous telephone death threats on 8 May 1992 at the Casa Alianza
administrative offices. Allegedly, these threats and other previous incidents
E/CN. 4/1993/46
page 66
were related to the denunciation of human rights violations committed by
members of the security forces against street children and Casa Alianza
collaborators (24 June 1992) .
279. Jose Alberto Nerio Osorio, teacher and delegate of CIEPRODH, reportedly
suffered an attempt on his life on 17 May 1992 by unidentified armed men
allegedly linked to the security forces (25 June 1992) .
280. On 31 May 1992, the mother of Dr. Carlos Le6n Medrano, a member of the
Quiche indigenous group, reportedly received a telephone call threatening her
son and recommending that he leave Chichicastenango. Some days before,
members of the armed forces had reportedly inquired as to his whereabouts.
Fears for his safety were expressed (26 June 1992) .
281. Adelina L6pez Castillo, mother of one of 11 persons whose dead bodies had
been found in Escuintla, Puerto Quetyal, in August 1991, reportedly received
death threats by the military in connection with accusations against
six soldiers presumed to be responsible for the killing of the 11 persons.
Other members of the family were also said to have been threatened
(27 July 1992) .
282. Humberto Fuentes Morales, a trade unionist, was said to have suffered
acts of harassment and intimidation in June 1992, reportedly in connection
with his participation in labour contract negotiations (4 July 1992) .
283. Two “street children”, Byron Geovanni Castillo (14) and
Jose Chicauja (15) , were reportedly abducted, beaten and threatened with death
by members of a Hunapi patrol on 4 August 1992 in Guatemala City
(31 August 1992) .
284. Maritza Urrutia Garcia was reportedly abducted in Guatemala City by
members of the armed forces on 23 July 1992 and later forced to confess to
being a member of “subversive organizations” . Since her release, in late
July 1992, Maritza Urrutia Garcia and members of her family were allegedly
placed under continuous surveillance by security forces personnel. Fears for
her safety were expressed (31 August 1992) .
285. The Special Rapporteur sent a second urgent appeal on behalf of
Maritza Urrutia Garcia and 12 members of her family, including three minors
(names may be consulted in the files of the secretariat) after he received
additional information in October 1992 indicating that death threats continued
to be made to them by members of the armed forces (20 October 1992) .
286. Various members of AEU at USAC, including Axel Morales, Otto Perez,
Julio Sajche, Hugo Gudiel and Otto Peralta, the President of AEU, reportedly
received death threats from members of the security forces on various
occasions between May and October 1992, allegedly in relation with their
involvement in legal proceedings against some members of Hunapi accused of
being responsible for the death of USAC student Julio Cuc Quim on
10 April 1992. Threats were also said to have been made against relatives of
students who had been injured in this incident (16 October 1992) .
E/cN. 4/1993/46
page 67
287. Two minors of the Kakchikel indigenous group, Cristina Par (17) and
Matea Par (16) , were reportedly attacked and threatened with death by three
armed persons said to be linked to the security forces on 19 October 1992 in
Guatemala City, allegedly for their participation in street celebrations of
the Nobel Peace Prize award to Rigoberta Menchi two days before
(29 October 1992) .
288. An urgent appeal was sent after fears had been expressed for the safety
of Ronalth Ivan Ochaeta, Director of the Human Rights Office of the
Archbishopric of Guatemala Amilcar M ndez tJrizar, Director of CERJ, and
Factor M ndez Doninelli, Director of CIEPRODH. Reportedly, they had been
accused, in November 1992 by the President, the Minister of Defence in
Guatemala and others, of having links with the guerrillas (1 December 1992) .
289. Maria “Myriam” Buthy Dard6n Tejada, the wife of Amilcar M ndez tJrizar,
and otehr members of her family have reportedly been subjected to death
threaths and acts of harassment on various occasions since late October 1992
(4 December 1992) .
290. In addition, the Special Rapporteur sent an urgent appeal to the
Government of Guatemala after he had received reports concerning the imminent
execution of the soldier Nicol s Guti&rez Cruz on 18 August 1992. According
to the information received, Nicol s Guti&rez Cruz had been convicted of the
murder of four peasants in Ciudad Peronia on 16 January 1992 and sentenced to
30 years' imprisonment. The death sentence was said to have been imposed on
appeal. Several procedural shortcomings were alleged (18 August 1992).
Other allegations
291. The following cases transmitted by the Special Rapporteur concern the
alleged extrajudicial, summary or arbitrary killing of university teachers and
students (31 August 1992) :
(a) Manuel Estuardo Peffia, a professor at USAC and local community
worker in Zone 12 of Guatemala City, on 10 February 1992 by three armed men
allegedly linked to the security forces;
(b) Julio Cuc Quim, a student at USAC, on 10 April 1992, when members
of Hunapi reportedly opened fire on a group of students who were preparing the
“Huelga de Dolores”, an annual students' demonstration. Thirty-two members of
Hunapi were said to have been arrested and an investigation into the case was
opened;
(c) 2IIdr s Ramirez Lara, a professor at USAC, on 14 May 1992, by two
gunmen allegedly linked to the security forces;
(d) Juan Jose Arana Paz, a student at USAC, on 14 May 1992, reportedly
some hours after the killing of Andr s Ramirez Lara, by the same gunmen;
(e) Rodnery Rodriguez Valdizon, Emilio Gonzalez Guerra and Luis Morales
Zavala, students at USAC, on 5 July 1992, by several men armed with
machine-guns, allegedly linked to the security forces.
E/CN. 4/1993/46
page 68
292. The following cases concern alleged violations of the right to life by
members of the civil defence patrols (31 August 1992) :
(a) In January 1991, the inhabitants of Chontal , Santa Cruz del
Quiche, were reportedly threatened with death by members of PAC to deter them
from denouncing the existence of clandestine cemeteries in the area;
(b) Manuel Chumil M ndez (17), Consuelo Ruiz and Maria Luisa Ruiz, all
members of GAN, were reportedly threatened with death by a local PAC leader at
Sacpulup, Chichicastenango, on 20 March 1992;
(c) Death threats were reportedly made by members of the PAC against
members of human rights organizations in San Pedro Jocopilas, El Quiche, in
early April 1992;
(d) Pedro Raguez was reportedly killed on 9 April 1992 by members of a
PAC patrol in San Pedro Jocopilas, El Quiche, allegedly for having refused to
participate in PAC activities.
293. The following cases concern alleged violations of the right to life of
civilians in the context of counter-insurgency activities by the military
(31 August 1992) :
(a) Miguel Garcia Julaju, Antonio Sacalxot, Esteban Coche Xicay,
Francisco Garcia Chingo, Felipe Petzey (10) and one unidentified person were
reportedly killed on 9 February 1992 during an army attack between Patulul and
Santiago Atitlan, Pochuta, Solola;
(b) Farmers of Aldea las Pozas, Sayaxche, Pet n, were reportedly forced
by the military under death threats to denounce thefts supposedly committed by
insurgents in the area;
(c) Attacks in which the military allegedly used heavy shelling,
helicopter gunships and fighter planes were reported to have occurred at
Parcelamientos Santo Tom s and San Lucas, Ixc n, El Quiche (17 January 1992),
Parcelamiento San Lucas, Ixc n, El Quiche (19 January 1992) , Parcelamiento
Cuarto Pueblo, Ixc n, El Quiche (19 January and 22 March 1992) , Parcelamiento
Mayaland, El Quiche (23 March 1992) .
294. Other cases of alleged violations of the right to life were transmitted
by the Special Rapporteur to the Government of Guatemala (31 August 1992) :
(a) Odilio Blanco Barahona, Director of the Centre for Cooperative
Studies, was reportedly killed on 9 January 1992 in Guatemala City by armed
men allegedly linked to the security forces;
(b) Concepci6n Sagastume Cortez and Amilcar Garcia were reportedly
killed on 10 January 1992 by armed men allegedly linked to the security forces
near the military zone of Jutiapa;
(c) Juli n Ordoffiez de Paz, Cruz del Carmen Morales Medio and
Justo Ixmay M ndez were reportedly killed on 14 January 1992 in San Miguel
Dueffias, Sacatepequez, by armed men allegedly linked to the security forces;
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(d) Jaime M rida was reportedly killed on 15 January 1992 in Guatemala
City by three armed men, allegedly linked to the security forces;
(e) Francisco Jax L6pez, Juan Xan Calel, Juan Calel Grade and Juan Xan
Santizo (10) were reportedly killed on 16 January 1992 in Ciudad Peronia,
Mixco, by soldiers of the Guatemalan Army including Nicol s Guti&rez Cruz,
who was later tried and sentenced to death (see above para. 290) ;
(f) John Sanford Meyers was reportedly killed on 26 January 1992 at
Panajachel, Godinez, Solola, by an armed man allegedly linked to the security
forces;
295. The following allegations of death threats and intimidation were also
forwarded to the Government of Guatemala (31 August 1992) :
(a) Silvino Vel zquez and Leonel Guti rrez, journalists,
Ernesto Rolando Corzantes Cruz, court official, and Jose L6pez Mendoza, head
of the Prosecutor's Office of the Public Ministry, reportedly received
telephone death threats between late December 1991 and January 1992 in
relation with their involvement in the proceedings following the assassination
of Myrna Mack Chang in September 1990;
(b) Carlos Humberto Perez was reportedly subjected to death threats and
acts of intimidation in February 1992; he was said to have reported these acts
to the authorities but allegedly was not granted any help or protection;
(c) Several members of the Administrative and Education Services
Workers' Union were reportedly subjected to death threats in March 1992 by
armed men allegedly linked to the security forces;
(d) Fredy Noel Berganza Bojorques was reportedly subjected to death
threats and acts of intimidation by armed men allegedly linked to the security
forces in early April 1992 after he had denounced instances of corruption in
relation to a government project on funding of agricultural development;
(e) Otto Leonel GonIIlez Nuffiez was reportedly threatened with death by
a member of the Public Works Directorate in the Department of Zacapa after he
had requested, in April 1992, an investigation into the utilization of funds
granted to the directorate for infrastructural projects.
Communications received from the Government
296. The Government of Guatemala provided the Special Rapporteur with
information concerning the following cases:
(a) Rosa Pu G6mez, Rosalinda Tuyuc, Nineth Montenegro de Garcia,
Amilcar M ndez Urizar, Byron Morales, Armando Sanchez, Juan Mendoza and
Francisco Tziac. Investigations had not revealed any evidence indicating that
these persons had been a target of death threats. Only Amilcar M ndez
repeatedly declared that he received threats; however, when asked to file a
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formal complaint in court he stated that he had no time to do so. He did not
cooperate with the authorities in trying to establish the origin of the
threats (30 March 1992 and 21 April 1992) ;
(b) Florencio Coj Garcia, Guadalupe Coj Garcia, Manuel Chingo de la
Cruz, Mariano de la Cruz and 11 other members of the Quiche indigenous
community of Tunaj . Investigations had revealed that no judicial proceedings
had been opened before the competent courts, since no formal complaint had
been filed concerning the alleged threats (30 March 1992 and 21 April 1992) ;
(c) Maritza Ninette Urrutia Garcia. All pertinent investigations had
been carried out to establish the truth with regard to this case.
Mrs. Urrutia Garcia had applied for political amnesty at the Attorney
General's Office for having been a member of an armed insurgent group. Her
disappearance over several days formed part of her strategy to quit the
subversive movement. The Attorney General notified her father that she was
under the protection of his Office and he accompanied her to the competent
judge, where she repeated her declarations. After returning to the Attorney
General's Office, Maritza Urrutia Garcia held a press conference. She then
left with her father and her brother and returned to her home, where several
members of the Human Rights Office of the Archbishopric of Guatemala were
waiting for her and took away her daughter. Maritza Urrutia Garcia, who had
requested discreet protection of her home, applied for a passport, which was
granted to her immediately. Later, the Public Ministry, as representative of
the State, initiated criminal proceedings to establish whether the allegations
that Maritza Urrutia Garcia had been abducted or illegally detained were
justified. Mrs. Urrutia Garcia was summoned to testify in court on
7 August 1992 but left Guatemala on the morning of the same day. The
Government of Guatemala asserted that there was no evidence of any abduction
or illegal detention (21 September 1992) .
297. With regard to the following cases, criminal procedures were under way:
Aridr s Ramirez Lara, Juan Jose Aranda Paz, Manuel Estuardo Peffia, Pedro Raguex
(not Raguez), John Sanford Meyers, Jose Antonio L6pez Mendoza,
Rodnery Rodriguez Valdiz6n et al . (6 November 1992) .
298. Judicial investigations had led to the indictment of persons suspected of
being responsible for killings or death threats in the cases of:
(a) Miguel Garcia Julaj, Antonio Sacalxot, Esteban Coche Xicay,
Francisco Garcia Chingo, Felipe Petzey and one unidentified person, found dead
on 9 February 1992 on the road leading from Pochuta to Santiago Atitl n.
Criminal procedures had revealed that those killed had travelled on a bus that
was assaulted by common criminals. Four persons were arrested and charged
with murder. An arrest warrant for three further persons was issued
(6 November 1992) ;
(b) Julio Cu Quim. The Hunapi agents responsible for the death of the
university student were immediately brought before the competent courts.
Eight military policemen were being tried in a military court, 13 members of
the National Police and eight agents of the Treasury Guard in ordinary courts
(6 November 1992) ;
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(c) Juli n Ordoffiez Paz, Cruz del Carmen Morales Merida and Justo Ixmay
M ndez, killed on 14 January 1992 in San Miguel Dueffias by four guards of the
Finca San Sebastian. Criminal proceedings were under way. Three of the
accused had been released on bail while one remained in prison
(6 November 1992) .
(d) Francisco Jax L6pez, Juan Xan Calel, Juan Calel Grade and Juan Xan
Santizo. Two members of the military, Nicol s Guti rrez Cruz and Eliseo
Suchit Hern ndez, were sentenced to 30 years imprisonment; this sentence was
changed to a death sentence on appeal. On 9 May 1992, the two soldiers
escaped from the barracks where they were imprisoned. Nicol s Cruz Guti rrez
was rearrested on 6 July 1992. A stay of execution was granted by the
Constitutional Court following the filing of a motion of ampara against the
decision of the Supreme Court which had confirmed the death sentence. The
Constitutional Court ordered the Supreme Court to reconsider the case
(6 November 1992) ;
(e) Ernesto Rolando Corzantes Cruz. Criminal proceedings were under
way. Mr. Corzantes Cruz appealed against the decision of the court to grant
bail to the person suspected of being responsible for the death threats
(6 November 1992) .
299. In the case of Maria Luisa Ruiz Saquic, criminal procedures had been
initiated on 2 October 1992 to investigate the threats allegedly received by
her. On 22 September 1992, Mrs. Ruiz Saquic had been asked to testify but did
not appear before the Auxiliary Agent of the Public Ministry of El Quiche at
Zacualpa (6 November 1992) .
300. With regard to the following cases, the Government of Guatemala informed
the Special Rapporteur that, at the date of the reply (6 November 1992) , no
details had been received from the competent authorities but these would be
provided as soon as they were available: Fredy Noel Berganza Bojorguez,
Carlos Humberto Perez, Otto Leonel Gonzalez Nuffiez, 153 trade unionists,
Odilio Blanco Barahona, Silvino Velasquez, Leonel Guti rrez, Manuel Chumil
M ndez, Consuelo Ruiz, Parcelamiento Cuarto Pueblo, members of human rights
organizations, Parcelamiento San Lucas, clandestine cemeteries,
Concepci6n Sagastume Corzet, Amilcar Garcia, Aldea Las Pozas and Jaime Merida.
301. Pursuant to Commission on Human Rights resolution 1992/42, the Government
of Guatemala supplied detailed information about acts of violence, including
killings of civilians, carried out by members of different armed groups
belonging to the UNRG between January and May 1992.
Observations
302. The Special Rapporteur appreciates the willingness to cooperate shown by
the Government of Guatemala by providing him with replies to a number of the
allegations transmitted. He remains concerned, however, at the large number
of violations of the right to life reported in the country. The Special
Rapporteur appeals to the authorities to continue their efforts to ensure
effective respect for the right to life, in compliance with the pertinent
international instruments.
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Follow-up on allegations transmitted in 1991
303. The Special Rapporteur sent a letter to the Government of Guatemala
following up on allegations of extrajudicial, summary or arbitrary executions
that had been transmitted to that country in 1991 (see E/cN.4/1992/30,
paras. 189-241) .
304. The Government of Guatemala had provided replies concerning a number of
these cases. In the aforementioned letter, the Special Rapporteur expressed
his appreciation of the efforts made by the authorities to ensure protection
of the right to life in a number of cases. With regard to the cases which at
the time of the Government's reply were still under investigation, the Special
Rapporteur requested the authorities to provide him with additional
information, in particular about decisions taken as a result of such
procedures and measures adopted in consequence thereof. For those cases which
had not yet been mentioned in communications received from the Government, the
Special Rapporteur asked to be provided with information.
Haiti
305. The reports and allegations that have come before the Special Rapporteur
indicate that, since troops violently overthrew the democratically elected
Government of President Jean-Bertrand Aristide in a coup d'etat during the
night of 29 to 30 September 1991, widespread human rights violations,
including extrajudicial, summary or arbitrary executions and death threats,
have been committed by the security forces.
306. Between October 1991 and April 1992, 1,792 persons were said to have
died, victims of political violence. After a wave of killings following the
military coup , reports of extrajudicial executions seemed to decrease in
January 1992 but a sharp rise was again reported in mid-May 1992, following
popular unrest and increased demonstrations against the de facto authorities.
307. According to the reports and allegations received, numerous killings were
carried out in a climate of total impunity by uniformed security forces
personnel or, on some occasions, by men in civilian clothes ostensibly linked
to them, such as the so-called “zenglenderos”, which were described as groups
constituted by soldiers in civilian clothes and prisoners freed after the
coup . According to various sources, those responsible for human rights
violations also include the “chiefs of section”, former rural police chiefs
who returned to military control after the coup . They had been disarmed and
placed under civilian authority as Community Police Agents during the
administration of President Aristide. The disbanded National Security
Volunteers, also known as “tontons macoutes” , were also said to be implicated
in the violations. In several cases, criminal violence was allegedly used to
disguise politically motivated killings.
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308. The victims of death threats and extrajudicial, summary or arbitrary
killings reportedly included human rights workers, members of the Catholic
Church, peasant organizers, opponents of military rule, journalists, members
of popular organizations and virtually anyone suspected of supporting the
return of the deposed President Aristide.
Communications sent by the Special Rapporteur
309. Without prejudice to General Assembly resolution 46/7 of 11 October 1991,
the Special Rapporteur transmitted to the de facto authorities in Haiti
allegations he had received concerning violations of the right to life of at
least 140 persons, among them five minors. Sixty-four cases allegedly
constituted violations of the right to freedom of opinion and expression,
religion and peaceful assembly and association. The Special Rapporteur
intervened on behalf of seven persons by sending six urgent appeals.
Allegations concerning at least 134 others were sent in a separate letter.
Urgent appeals
310. Clotilde Charlot, Director of the Centre for the Promotion of Women
Workers, was allegedly forced into hiding on 1 November 1991 to protect her
life and that of her children, following the release on the same day by the
military regime of a list of 45 persons to be arrested immediately. Fears of
a possible extrajudicial execution were expressed (10 January 1992) .
311. Felix Lamy, a journalist for Radio Galaxie , was reportedly abducted on
10 December 1991 by armed soldiers who also ransacked the radio station after
it had broadcast news about a supposed split in the army. Fears were
expressed that he might have been extrajudicially executed (10 January 1992) .
312. Guy Delva, a journalist for the Voice of America reporting on the
situation in Haiti, has reportedly received death threats since December 1991,
allegedly in relation to his attempts to file reports outside the country on
the lack of press freedom and on human rights violations. Twice in March
1992, armed men in plain clothes, allegedly members of the security forces,
unsuccessfully tried to locate him in the neighbourhood, thus preventing him
from returning home (24 June 1992) .
313. Following several incursions by armed men during the nights of 12, 16 and
22 June 1992 and a threatening phone call on 19 June 1992, fears were
expressed that the inhabitants of an orphanage at Port-au-Prince might become
the victims of extrajudicial executions (17 July 1992) .
314. Jude Damus was reportedly arrested on 10 September 1992, following a
demonstration hostile to the de facto authorities two days earlier. He was
allegedly ill-treated on a daily basis at the Anse d'Hainault prison and later
transferred to the prison at J r mie. Fears for his life were expressed
(8 October 1992) .
315. Msgr. Willy Romulus, bishop of J r mie, had his name appear on a death
list of over 100 names which was reportedly broadcast by a clandestine Haitian
radio station controlled by the disbanded “tontons macoutes” . During the
E/CN. 4/1993/46
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broadcast the speaker allegedly called for the assassination of all those on
the list. The bishop was said to have been subjected to acts of harassment
and intimidation, attempts on his life and insults by members of the security
forces at a road block at J r mie on 20 and again on 22 September 1992. On
24 September 1992, a group of armed men led by an army sergeant reportedly
tried to kill him at the presbytery of Notre Dame de la Merci and threatened
to come back when they failed to do so (12 October 1992) .
316. Luc Wesner and Justin Brezil, both active members of the National
Committee of the Congress of Democratic Movements, were reportedly abducted by
three armed men allegedly linked to the security forces on 22 November 1992 at
Carrefour. Luc Wesner's body was later found riddled with bullets. Fears
were expressed for the life of Justin Brezil, who had not been seen again
after his abduction (4 December 1992) .
Other allegations
317. The Special Rapporteur transmitted to the de facto authorities in Haiti
allegations he had received according to which the following persons were
killed by members of the security forces, often without any apparent reason
(31 August 1992) :
Montlouis Lerisse, employee of the National Television (TNH) ;
Simeon Gary, journalist at Radio Caraibes , on 30 September 1991;
Jacques Seus Jean-Gilles (17), on 1 October 1991, during an attack by
security forces on an orphanage for street children;
14 persons in Gonaives, including G&ard Janit, on 1 October 1991;
Fred Cheriska, Elisyen and Jean-Pierre Dazme, Line Joseph, Frantz Moise
and Navoir Odena, on 2 October 1991; Robert “Le Caoutchouman”, on
18 October 1991; and Yfalien Alcius (14) , on 20 October 1991;
A young man, on 8 November 1991, at the Red Cross office in
Port-au-Prince, where he had sought refuge;
One unidentified civilian, on 9 November 1991 in Delmas;
One unidentified man, on 11 November 1991 in Canap -Vert, Port-au-Prince,
allegedly for having listened to Radio Enriguillo ;
R nald Charles, on 19 November 1991 in Damien;
Farah Michel (5) , on 30 November 1991, in Cite Soleil;
A 16-year-old boy on 19 January 1992 at the market of P tionville;
Jocelyn Casimir, on 20 January 1992, allegedly for “walking too early” in
the streets of Cap Haitien;
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Orelus S&aphin, on 31 January 1992 in Port-au-Prince, allegedly for
having participated in the murder of a “tonton macoute” in January 1992;
Six unidentified persons, on 7 February 1992 in Bolosse, Sousdalles, on
allegations of theft which were reportedly denied by the neighbours;
Claire Edouard, on 26 May 1992, the night following the arrest of her son
Patrick Morisseau;
Georges Izm&y, on 26 May 1992, allegedly after being mistaken for his
brother, a well-known supporter of President Aristide;
Gary Jeanty, on 24 June 1992 in Santos;
At least 35 unidentified persons, on 22 July 1992 when members of the
armed forces reportedly opened fire on the boat in which 86 persons were
trying to flee Haiti;
Robinson Joseph, former director of the Protestant church radio station
Radio Lumi re , on 3 August 1992 in Port-au-Prince.
318. The following people were reportedly killed by “chiefs of section”:
Two unidentified supporters of General Assembly for the National Front
and for Change and Democracy (FNCD) candidate Samuel Milord, on
2 December 1991 in Rossignol, Grande Saline;
Charles Astrel, member of the National Assembly for the National
Agriculture and Industry Party of Haiti (PAIN) and well-known supporter
of President Aristide, on 12 December 1991 in Pignon;
Jean Mandenave, member of the FNCD, on 15 December 1991 in Plaisance.
319. The following persons were said to have been killed by members of the
security forces for exercising their right to freedom of opinion and
expression, religion and peaceful assembly and association:
One unidentified civilian, on 10 November 1991 during a meeting in
rue Lamarre, Port-au-Prince;
20 persons arrested for their participation in a mass celebrated at
Port-au-Prince in memory of the victims of the coup and executed by
members of the Fourth Police Company on 12 November 1991;
A man named Amos on 26 December 1991, allegedly for having been heard by
a soldier when talking with a friend about the possible return of
President Aristide;
Yves Jean-Pierre, on 25 January 1992 during a political meeting at
Port-au-Prince;
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Brinvil Dulaurier, president of a league of former political prisoners
and human rights activist, on 11 February 1992 in Cazales;
Jean-Claude Museau, on 6 January 1992 while in military detention after
being caught putting up posters of President Aristide, allegedly as a
consequence of ill-treatment;
A young man named Wilfred, on 15 July 1992, for putting up posters of
President Aristide in the streets of Port-au-Prince;
Jacqueline Gabriel, Martine Remilien and Ancy Philippe, on 17 August 1992
for putting up posters of President Aristide in the streets of
Port-au-Prince;
320. In addition, the following acts of violence by security forces who
reportedly used firearms against assemblies and participants in demonstrations
in favour of President Aristide were reported at Port-au-Prince on
10 November 1991 and on 23 February 1992, at Gonaives and at Cite Soleil on
11 November 1991 and in Cap Haitien on 26 January 1992.
321. The following people were said to have been killed by “zenglenderos”:
Jean Huc, on 2 January 1992 in P tionville;
Joseph Geffrard, on 9 January 1992;
An unidentified woman and her 8-year-old daughter, on 11 January 1991 in
Delmas;
The son of the judge at P tionville, on 2 February 1992. One of the
“zenglenderos” was reportedly handed over to the police, who released him
immediately.
322. The following violent incidents in which security forces threatened the
population were reported to the Special Rapporteur:
On 10 November 1991, soldiers threatened with grenades a crowd
celebrating a mass for victims of the coup at J r mie;
On 11 November 1991, soldiers threatened the population by shooting at
random in several neighbourhoods of Gonaives;
On 12 November 1991, soldiers threatened the population of Gonaives by
shooting on sight at anybody considered suspect;
On 12 November 1991, soldiers threatened the population of St. Marc by
shooting on sight at anybody considered suspect;
On 2 December 1991, Sister Loretta Philistin of Ranquitte and at least 14
other priests and nuns throughout Haiti received death threats or
suffered acts of intimidation and attempts on their lives by the security
forces;
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On 6 January 1992, soldiers shot at the house of a woman who had slapped
one of them. They reportedly declared that they would “finish with the
people of the neighbourhood”;
The following journalists: on 2 February 1992, Charit Telo,
correspondent of Voice of America and Jean Wilson, journalist for Radio
Etincelle , in Mirebalais; on 13 February 1992, Alain Tonlinson of EEC and
Nathaniel Shephard, an American journalist.
Communications received from the so-called Government
323. At the time of the preparation of the present report, no communications
have been received from the de facto authorities in Haiti.
Honduras
324. The Special Rapporteur has received reports about human rights
violations, including extrajudicial executions and death threats, allegedly
perpetrated by members of the National Directorate of Investigation (DNI) of
the Honduran security forces. Trade unionists involved in labour conflicts
and human rights activists were said to have been targets of such acts on
various occasions. Allegedly, official investigations have been conducted
only in very few cases, and those responsible were rarely identified or
brought to justice. The reports received by the Special Rapporteur indicate
that the high degree of impunity contributes to a large extent to the
occurrence of violations of the right to life in Honduras.
Communications sent by the Special Rapporteur
325. The Special Rapporteur transmitted to the Government of Honduras
information he had received concerning the alleged extrajudicial, summary or
arbitrary execution of three persons. All three cases allegedly constituted
violations of the right to freedom of opinion and expression and peaceful
assembly and association.
Urgent appeals
326. The Special Rapporteur sent two urgent appeals to the Government of
Honduras, in which he expressed concern about reports concerning danger to the
lives and physical integrity of the following persons:
(a) Gabreli Rivera Perez, who had given testimony before a notary in
which he identified four DNI agents as responsible for the murder of the trade
unionist Manuel de Jesi s Garcia on 9 December 1991 (24 February 1992) ; and
(b) JIItonio Zelaya Reyes, President of the Olancho regional department
of the Committee for the Defence of Human Rights in Honduras (CODEH), who had
suffered an attempt against his life on 25 March 1992 after receiving
telephone death threats. The assailant was said to have been identified as a
member of DNI. Two more members of CODEH also received death threats. CODEH
is an institution which collaborates closely with United Nations human rights
procedures (24 June 1992) .
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Other allegations
327. The Special Rapporteur transmitted to the Government of Honduras the case
of Manuel de Jesi s Guerra Arita (“Chingo”) , assistant secretary of the
National Union of Rural Workers, killed on 9 October 1991 in San Pedro Sula by
four men who were identified by a witness, Gabreli Rivera Perez, as DNI
agents. Allegedly, the judicial investigation into the case was not conducted
properly. No effective steps were reported to have been taken to bring those
responsible to justice (31 August 1992) .
Communications received from the Government
328. At the time of the preparation of the present report, no communications
had been received from the Government of Honduras.
Follow-up on allegations transmitted in 1991
329. The Special Rapporteur sent a letter to the Government of Honduras
following up on allegations of extrajudicial, summary or arbitrary executions
transmitted to that country in 1991, for which no replies from the Government
had been received (see E/CN.4/1992/30, paras. 262-263) .
India
330. The reports and allegations that have come before the Special Rapporteur
indicate that human rights violations, including extrajudicial, summary or
arbitrary executions, continue to occur in India on a large scale.
331. The vast majority of cases reported to the Special Rapporteur concerned
deaths in police or military custody caused by torture and ill-treatment.
Torture is said to be used on a routine basis throughout the country to
extract a confession or information from suspected criminals. In States where
there are armed opposition groups advocating greater autonomy or independence
(Assam, Jammu and Kashmir, Punjab) or improvement of social and economic
conditions (especially a Maoist group known as Naxalites in the States of
JIIdhra Pradesh, Madhya Pradhesh and Maharashtra) , torture is also said to be
used to deter people from political activities or in reprisal for acts of such
groups. Reportedly, Adivasis members of the scheduled castes (castes which
are recognized by the Constitution as oppressed) and dalits , militant members
of these castes, are particularly vulnerable and very often victims of
ill-treatment leading to death. In certain States (in particular Bihar, Uttar
Pradesh and West Bengal) , Muslims are also said to be subjected to human
rights violations on religious grounds.
332. The Special Rapporteur also received reports concerning alleged human
rights violations by the security forces, including harassment, death threats
and killings of journalists and human rights activists.
333. It has been reported to the Special Rapporteur that those responsible for
human rights violations act in a climate of virtual impunity. In the States
of Assam, Jammu and Kashmir and Punjab, and in other north-eastern States, the
security forces benefit from specific legislation exempting them from
E/cN. 4/1993/46
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prosecution. The Armed Forces (Special Powers) Act of July 1990 provides that
“no prosecution, suit, or other legal proceeding shall be instituted, except
with the previous sanction of the Central Government, against any person in
respect of anything done or purported to be done in the exercise of the powers
conferred by this Act (sect. 6) . These powers include the use of force,
including lethal force, “against any person who is acting in contravention of
any law or order for the time being in force (sect. 4) .
334. Under ordinary Indian law, torture is a crime (sects. 330 and 331 of the
Indian Penal Code) , but section 197 of the Code of Criminal Procedure provides
that public servants, including police and executive magistrates, cannot be
prosecuted without prior permission from the Government which employs them.
In addition to restrictions on the liability for human rights abuses
established by the law, it has been reported to the Special Rapporteur that
the police, the security forces and other public services engage in widespread
covering up, in particular of violence against detainees. Victims reportedly
have to seek their rights through civil suits and private criminal complaints,
which are said to be rarely successful.
Communications sent by the Special Rapporteur
335. The Special Rapporteur transmitted to the Government of India 95 cases of
alleged extrajudicial, summary or arbitrary executions. In two cases, the
victims were said to be minors. Eighteen cases allegedly constituted
violations of the right to freedom of opinion and expression, religion and
peaceful association and assembly. In one case, the Special Rapporteur
intervened by sending an urgent appeal; all other allegations were transmitted
in a letter on 31 August 1992. The Government sent one communication
providing general information (dates of communications in brackets) .
Urgent appeals
336. The Special Rapporteur sent an urgent appeal to the Government of India
after receiving reports according to which Harjit Singh was arrested by police
on 29 April 1992. On 12 May 1992, the police reportedly issued a statement
that he had died in an encounter with terrorists. However, on 17 October 1992
Harjit Singh was allegedly seen by a warrant officer instructed to establish
his whereabouts at the Mal Mandi Interrogation Centre, Amritsar. Fears were
expressed that his life might be in serious danger (13 November 1992) .
Other allegations
337. The following persons were said to have died as a result of torture and
ill-treatment while in custody:
(a) 43 persons in police custody:
Rattan Singh Bisht, on 11 January 1991 at Hauz Khas Police Station,
Delhi;
G. Joseph, on 17 January 1991 at Megnannapuram Police Station,
Chidambaranar, Tamil Nadu and Pondicherry;
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Ram Swaroop, on 31 January 1991 at R.K. Puram Police Station, Delhi;
S. Bose, activist of the Dravida Munnetra Kashagam Party, in
February 1991 at Vilathikulam, Tamil Nadu and Pondicherry;
Savinder Singh, on 29 February 1991 at Lok Nayak Bhavan Directorate, near
Khan Market, Delhi;
Darshan Singh, on 17 March 1991 at North East District Irwing, Delhi;
Nath Pradeep, on 18 March 1991 at Bihaguri, Assam;
Reshna, on 22 March 1991 at Gokulpuri Police Station, Delhi;
Shiek Mairaj, on 30 March 1991 at Bhadram Police Station, Orissa;
Ram Singh, an Adivasi in April 1991 at Bohandiguda Police Station, Madhya
Pradesh;
Anil Lakara, on 20 April 1991 at Laipur Police Station, Bihar;
Kameshwar Ravi, in May 1991 at Chutia Police Station, Bihar;
Syamala Kumar, on 3 May 1991 at Attakkulangara Sub-Jail, Trivandrum,
Kerala;
Jagannath, on 10 May 1991 at Lahori Gate Police Station, Delhi;
Tarsem Singh, a member of the Punjab Home Guards, on 15 May 1991 at Civil
Lines Police Station, Amritsar, Punjab;
Divakaram, on 27 May 1991 at Mavelikara, Ala Puzha, Kerala;
Ram Pappu, an Adivasi, in June 1991 at Chutia Police Station, Bihar;
Ghangadharan, on 16 June 1991 at Karettu, Kerala;
Autar Singh, an independent candidate in State Assembly elections for
Shatrana Village, in July 1991 at Patiala Interrogation Centre, Punjab;
Kuttapam, on 4 July 1991 at Parassala Police Station, Trivandrum, Kerala;
Ramesh, an Adivasi in August 1991 at Ateli Police Post, Haryana, Narnaul,
Hassanpur;
Krishnamohon N. Singh, on 2 August 1991 at Kakching, Thoubal, Manipur;
Sheikh Jam Zahir, on 3 August 1991 at Jensi Nagar Police Station,
Aurangabanbad, Maharashtra;
Kuber Lal, on 5 August 1991 at Hardoj Prison, Uttar Pradesh;
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Manjit Singh, on 8 August 1991 at Sector 36 Police Station, Chandigarh,
Punj ab;
Lal Mohammad Sheikh, on 12 August 1991 at Murshidabad Police Station,
West Bengal;
Jairam Singh, on 19 August 1991 at Patel Nagar Police Station, Delhi;
Bashir Ahmad, on 24 August 1991 at Madanapalle Town Police Station,
Andhra Pradesh;
Khursid Ahmed, an Adivasi, on 24 August 1991 at Punana Police Station,
Haryana;
Nashir Khan, on 30 August 1991 at Lilong, Manipur;
Susil Bag, in September 1991 in Orissa;
Khurshid Ahmed Adil, in September 1991 at Doabgah Interrogation Centre,
Jammu and Kashmir;
Dwarina Thanur, on 4 September 1991 at Makhdumpur Police Station, Bihar;
Rajabayina Kasulu, on 5 September 1991 at Gudivada Taluk Police Station,
Andhra Pradesh;
Guru Kumhar, an Adivasi, on 15 September 1991 at Bhumijpara, Bihar;
Rajendra Sharma, in October 1991 at Kotwali Police Station, Uttar
Pradesh;
Rahisuddin (14) , on 8 October 1991 at Dadri Police Station, Uttar
Pradesh;
Raghunath, on 29 November 1991 at Guru Tegh Bhadur Police Station, Delhi;
Dona Babonga, an Adivasi on 4 December 1991 at Chaibasa, Bihar;
Muthusamy, in early 1992 at Oddanchathram;
Rasheed Ahmed, on 14 April 1992 at Lisadi Gate Police Station, Meerut,
Uttar Pradesh;
Dushyant Tiyagi, on 15 April 1992 at Siani Gate Police Station, Uttar
Pradesh;
Ganeshan, printer of the Tamil weekly newspaper Nakkeran , on
27 April 1992 in Tamil Nadu, allegedly for publishing a critical article
on the treatment of the press.
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(b) 17 persons in military custody:
Dhiraj Chowdhury, on 1 January 1991 at Bamudi, Assam;
Puran Rabha, on 19 January 1991 at Badia Lakhimpur, Assam;
Suresh Phukan, teacher and Vice-President of the Jatiya Unnayan Parishad,
on 13 March 1991 at Dibrugarh, Assam;
Robin Bora (also known as Dhiran Bora), on 14 March 1991 at Meleng
Sumada, Jorha, Assam;
Dhruvajyoti Gogoi, member of the United Liberation Front of Assam, on
19 March 1991 at Doomdooma, Tinsukia, Assam;
Chandrika Hazarika, on 23 March 1991 near Dibrugarh, Assam;
Shamburam, Saikia, on 28 March 1991 at Moukhuli Camp, Assam;
Paresh Lorbarva Barman, on 16 April 1991 at Sonkhuria, Assam;
Mohammad Ashrat, in July 1991 at an army interrogation centre in Jammu
and Kashmir;
Ghulam Mohammad, in July 1991 at an interrogation centre in Jammu and
Kashmir;
Khazir Mohammad and Abdul Aziz, on 25 August 1991 in an army
interrogation centre at Bomay-Sopora, Jammu and Kashmir;
Mumtaz, on 13 September 1991, in Jammu and Kashmir;
Raj Kamal Choudhury, on 29 September 1991 at Narangi Army Camp, Assam;
Ghulam Mohiuddin Ganai, an activist of the Hizbul Mujaheddin, in
October 1991 at an interrogation centre in Jammu and Kashmir;
Bubul Barua, on 20 October 1991 at Bandardawa, Assam;
Rajiv Baruah, on 6 November 1991 at Sonitpur, Assam.
338. In addition, the Special Rapporteur transmitted to the Government of
India allegations concerning the following 34 persons:
(a) Ghulam Rasool, a journalist working for the daily newspaper Udayan ,
was reportedly killed by policemen on 27 December 1991 at Masjidguda, Andhra
Pradesh, allegedly for his criticism of the local police. No investigation
was said to have been opened;
(b) Narra Prabhakar Reddy, an advocate and human rights activist, was
reportedly killed by four armed men allegedly linked to the police, on
7 December 1991, at Warangal, JIIdhra Pradesh. He was said to have been
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threatened by the police for his activities as District Unit Convener of the
JIIdhra Pradesh Civil Liberties Committee and Secretary of the District Bar
Association. Reportedly, no one was arrested in connection with his killing;
(c) Mohammad Afzal was reportedly arrested in March 1991 by the 142
Battalion of the Border Security Force. He was said to have died after being
subjected to torture at an interrogation centre in Pulwana, Jammu and Kashmir;
(d) 16 persons were reportedly killed and about 100 others injured when
the police opened fire indiscriminately on unarmed striking demonstrators of
the Chattisgharh Mukti Morcha Trade Union at Bhilai, Madhya Pradesh.
Reportedly, a judicial investigation had been ordered by the State Goverment;
(e) Rohtas (also known as Fauji) was reportedly found dead in his cell
on 30 August 1991 after two years of imprisonment in Tihar Central Jail, Delh
i. An inquiry was reportedly ordered after the receipt of the post-mortem
results, but no charges were said to have been brought against those
responsible for his death;
(f) Ram Vilas, a textile mill employee, reportedly died as a result of
injuries he had suffered on 11 July 1991, when he was beaten by police
officials of the Adarsh Nagar police station and guards of the mill where he
was employed;
(g) Velayudhan Pillai was reportedly arrested on 10 July 1991 by Forest
Guards and later beaten to death by the police in Trivandrum, Kerala. No
judicial or disciplinary action was said to have been taken;
(h) Dr. Anis Arisari, a doctor and social worker, was reportedly
arrested on 16 November 1991 during a house search performed by agents of the
Provincial Armed Constabulary in Varanasi, Uttar Pradesh. He was reportedly
beaten in front of the District Magistrate and the Senior Superintendent of
the Police and died of the injuries inflicted. No investigation into the case
was said to have been opened;
(i) One man was reportedly beaten by members of the Central Reserve
Police Force (CRPF) on 21 February 1992 at the Kharagpur Railway Station,
Midnapore, West Bengal, after he had asked a CRPF agent to pay for a box of
matches he had taken. He reportedly died on the same day as a consequence of
the injuries he had suffered during this incident;
(j) Ram Dhan Singh was reportedly shot dead by a constable from Bally
police station, West Bengal, on 19 February 1992, when he refused to pay a
bribe to the police. Allegedly, no investigation into the case has been
opened;
(k) Nine farmers were reportedly killed on 5 June 1992 by an army
patrol at Tando Bahawal Village near Jamshoro. They were said to have been
involved in a land dispute between two wealthy landlords, one of whom had
E/CN. 4/1993/46
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allegedly asked the soldiers to kill his rival's tenants. Disciplinary action
against four senior commanders of the patrol was said to have been initiated,
but it was not known that any of those responsible had been brought before a
court.
339. With regard to a large number of cases, it was alleged that no
investigations into the killings had been opened. In some cases disciplinary
measures against security forces personnel were reported, but none of them was
said to have been brought before a court.
Communications received from the Government
340. The Government of India provided the Special Rapporteur with information
concerning the decision, taken at a conference of Chief Ministers of the
States of India on 15 September 1992, to set up a National Human Rights
Commission. The purpose of this Commission is to instil a sense of confidence
in the Indian people regarding the commitment of the Government and society at
large to the cause of human rights. The conference also adopted a resolution
reiterating the commitment of Central and State Governments to the protection
of vulnerable sectors of society such as the scheduled castes and scheduled
tribes, women, agricultural labourers and those liable to be exploited through
child labour and bonded labour. Any human rights violations anywhere in India
should be dealt with sternly (22 September 1992) .
341. The Government of India informed the Special Rapporteur about the
safeguards provided in India's Constitution and other important laws, such as
the Code of Criminal Procedure, the Indian Penal Code and the Indian Evidence
Act, with regard to the fundamental right to life and personal liberty of all
citizens. Mention was made of a legal process known as “public interest
litigation”, under which any individual or group can bring to the attention of
the judiciary cases of violations of human rights. With regard to the
establishment of a national human rights institution, necessary follow-up
action was being undertaken on the resolution adopted by the Chief Ministers'
Conference on 14 September 1992 (27 November 1992) .
342. With regard to particular cases transmitted by the Special Rapporteur,
the Government replied that inquiries had been opened and disciplinary or
judicial action had been taken against the police personnel involved in the
cases of: Ganeshan, Jairam Singh, Khursid Ahmed and Sheikh Jam Zahir. An
investigation had also been opened into the death of Velayudhan Pillai.
343. Death from natural causes had been determined by post-mortem examinations
in the deaths of Kuttappam, Divakaram, Syamala Kumar, Muthusamy, Chinnathambi
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and S. Bose. Ramesh had committed suicide. In all these cases, as well as in
the case of Shri (not G.) Joseph, investigations excluded the involvement of
police personnel.
344. Despite the efforts made by the government of Jammu and Kashmir and the
security forces, it had not been possible to verify the allegations in the
cases of Mumtaz, Khazir Mohammad and Abdul Aziz, Mohammad Ashrat, and
Ghulam Mohammad.
345. Tarsem Singh had been beaten by four unknown masked persons
on 1 (not 15) May 1991 and died subsequently. A plain-clothes policeman had
witnessed the incident and called a police party which found Tarsem Singh
lying unconscious on the ground. A criminal case was registered and
investigations were carried out, but the culprits could not be traced.
346. Avtar (not Autar) Singh had been arrested for his involvement in
terrorist activities and was killed in August (not July) 1991 when a group of
terrorists attacked a police party digging up weapons in Gurdialpura Bir
forest where he had led them. A post-mortem report determined gunshot
injuries as the cause of death; no mention was made of any other injury or
torture.
Follow-up
347. The Government of India informed the Special Rapporteur that even in
States so affected by terrorism and insurgency as Jammu and Kashmir, to which
most of the allegations related, the law enforcement officials performed their
obligations in accordance with the Code of Conduct for Law Enforcement
Officials. Every allegation of human rights violations was scrupulously
investigated and most of them were found inaccurate, highly exaggerated or
deliberately false. On the rare occasions when allegation had been borne out,
disciplinary action was taken against those held responsible. Action,
including imprisonment, had been taken against more than 230 officers and
members of the security forces, and investigations and prosecutions were in
process against several others. In the majority of the cases transmitted by
the Special Rapporteur, the Government informed him that no such incidents had
been reported to the competent authorities, while in a number of others
investigations had been initiated (27 November 1992) .
Indonesia
348. In 1991, the Special Rapporteur had sent a cable to the Government of
Indonesia concerning the killing on 12 November of more than 50 persons who
were participating in a demonstration convened to commemorate the death of two
young persons killed in a clash with police the previous month. He had drawn
attention to the need to investigate the events and to carry out such
investigations in conformity with the Principles relating to the Effective
Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions.
Shortly thereafter, the Government replied, indicating that a National
Commission of Inquiry had been established in order to investigate these
deaths. The Special Rapporteur in turn sent a cable to the Government
expressing satisfaction with the creation of the Commission and calling upon
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it “to ensure that a thorough, independent and impartial investigation into
the circumstances of the killings of 12 November would be made and that those
identified by the Commission as responsible for extrajudicial killings and
other abuses would be promptly brought to justice”. The Special Rapporteur
also requested information about allegations to the effect that an additional
number of persons, including witnesses to the events of 12 November, had
subsequently been executed by members of the 700 and 744 Battalions of the
Hasanuddin Division of the Indonesian army. (See E/CN.4/1992/30,
paras. 279-283) .
349. During 1992, the Government of Indonesia sent to the Special Rapporteur
three notes, dated 27 May, 4 June and 30 June, containing information
concerning the findings of the National Commission of Inquiry and the
subsequent prosecution of 10 members of the army, who were tried for their
role in the killings. The conclusions of the National Commission of Inquiry
are as follows:
“The Commission has strong reasons and grounds to arrive at the following
conclusions:
“1. The 12 November 1991 incident in Dili is the culmination of a
series of earlier demonstrations/incidents perpetrated by the anti-
integration group/FRETILIN/SDP. The FRETILIN/SDP, who are being
increasingly isolated, have shifted their mode of operations from rural
guerrilla to urban guerrilla, thereby abusively capitalizing on the
development policy in East Timor based upon affection and prosperity and
taking advantage of the situation as well as the restive mood among the
young people to instigate them to oppose integration as well as to
attract world attention to their existence.
“2. The 12 November 1991 incident in Dili, which caused a number of
deaths and other casualties, was clearly not an act ordered by or
reflecting the policy of the Government or the Armed Forces, be it in the
capital or in the Province of East Timor. The 12 November 1991 incident
was essentially a tragedy which should be deeply regretted.
“3. The 12 November 1991 demonstration in Dili showed elements of
premeditated provocation by a group of anti-integrationist/FRETILIN/SDP
and was not an orderly and peaceful procession dedicated to commemorate
the death of Sebastiao Gomes.
“4. The demonstrators, who largely consisted of young people have acted
belligerently, emotionally and destructively, partly as a result of
agitations by the anti-integration group/FRETILIN/SDP by whom they have
been influenced for quite some time. Furthermore, they consciously
exhibited FRETILIN and Falentil flags, pictures of FRETILIN/SDP leader
Xanana and banners and chanted anti-integration yells and insults at the
members of the security apparatus.
“ S. A number of foreigners took an active part in that demonstration.
E/cN. 4/1993/46
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“6. As the tense atmosphere reached a boiling point, started by the
stabbing of an armed forces officer and the wounding of a private, and
aggravated by the provocative belligerence and aggressive attitude
assumed by the crowd which was perceived by the security personnel as
posing a threat to their arms and to their safety, a spontaneous reaction
took place among the security personnel to defend themselves, without
command, resulting in excessive shooting at the demonstrators, causing
deaths and wounded. At the same time, another group of unorganized
security personnel, acting outside any control or command, also fired
shots and committed beatings, causing more casualties.
“7. In the handling of the riotous condition during
the 12 November 1991 incident, despite the presence of riot-control
units, the Commission did not observe the optimal implementation of
proper riot-control procedures. The actions of a number of security
personnel exceeded acceptable norms and led to the casualties, be it in
terms of deaths, gunshot wounds, stabbing wounds, or wounds by blunt
instruments. Although the casualty toll until now was set at 19 dead and
91 wounded, the Commission feels that there are sufficiently strong
grounds to conclude that the death casualties totalled about 50 while the
wounded exceeded 91.
“8. There was careless handling of those who died, because although the
visum et repertums were performed the deceased were not properly
identified. Little opportunity was given to the families/friends of the
victims to identify the bodies.
“9. The Commission is of the view that, in order to uphold
justice, action must be taken against all who were involved in
the 12 November 1991 incident in Dili and suspected of having violated
the law, and they must be brought to trial in accordance with the rule of
law, Pancasila and the 1945 Constitution upon which the Republic of
Indonesia is based.”
350. In so far as the prosecution of military personnel is concerned, the
Government stated:
“1. Following the findings and recommendations of the Military Honorary
Council (MHC) announced by the Army Chief of Staff, 10 military personnel
were brought before the Military Court in Denpasar, Bali from 29 May
to 5 June 1992. They were charged under the Military Penal Law for
committing grave infringements of military ethics and violating military
discipline, in particular disobeying orders. All of the 10 persons
were found guilty as charged and sentenced to imprisonment ranging
from 8 to 18 months. ...
, , , ,
351. The Special Rapporteur also received observations concerning the work and
findings of the National Commission of Inquiry from Amnesty International, the
source of the allegations which had led to the opening of this case. These
observations contest the accuracy of the findings and conclusions of the
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Commission and allege that its composition, procedures and working methods
were incompatible with the Principles on the Effective Prevention and
Investigation of Extra-legal, Arbitrary and Summary Executions in a number of
important respects.
352. The Special Rapporteur is also concerned at the nature of the criminal
charges brought against those tried for their participation in these killings
and the length of the sentences imposed, which could be interpreted as
contributing to a climate of impunity.
353. For these reasons, the Special Rapporteur has written to the Government
of Indonesia, explaining the nature of and the basis for his continuing
concern and requesting certain additional information. Information as to
follow-up of this case will be provided in his report to the Commission on
Human Rights at its fiftieth session.
Iran (Islamic Republic of )
354. The reports and allegations that have come before the Special Rapporteur
indicate that extrajudicial, summary or arbitrary executions continue to occur
on a large scale in the Islamic Republic of Iran.
355. At least 24 people were said to have been sentenced to death and executed
for their participation in demonstrations of widespread popular protest
against the Government's social and economic policies in the cities of
Mashhad, Shiraz, Arak, Bukan, Shushtar and parts of Tehran in late May 1992.
A large number of people were reportedly arrested in connection with these
demonstrations and riots.
356. Executions of political prisoners, in particular suspected members or
sympathizers of the Iraq-based opposition group People's Mojahedin
Organization of Iran (PMOI), were also said to continue in 1992. A large
number of people were reportedly executed after being sentenced to death for
drug trafficking. Three members of the Baha'i faith were reportedly executed
on religious grounds.
357. It has been reported to the Special Rapporteur that trials leading to the
imposition of the death penalty were held before Islamic Revolutionary Courts.
The procedures before such courts were said to fall short of the
internationally recognized fair trial standards. This concerns in particular
the right to an adequate and qualified defence. It has been reported that in
many cases defendants do not benefit from legal counsel, contrary to the
provisions of article 35 of the Iranian Constitution and article 14 of the
International Covenant on Civil and Political Rights. Allegedly, in the law
dealing with the defendant's right to legal representation, no mention is made
of his right to have a lawyer designated if he is unable to appoint one, and
no provision appears to have been made guaranteeing the defendant the right to
appeal to the Supreme Court if his right to have access to legal counsel and
to be represented in court by a lawyer is not respected. In addition, it has
been reported to the Special Rapporteur that trials before Islamic
Revolutionary Courts are often held in camera . Some trials were said to have
been held in prisons, and they often lasted only a few minutes.
E/cN. 4/1993/46
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Communications sent by the Special Rapporteur
358. The Special Rapporteur transmitted to the Government of Iran allegations
according to which at least 200 people had been executed in the Islamic
Republic. Four of the victims were reported to be minors. Twenty-nine cases
allegedly constituted violations of the right to freedom of opinion and
expression or religion. The Special Rapporteur intervened on behalf of
more than 66 persons by sending four urgent appeals. Allegations
concerning 148 others were sent in a separate letter.
Urgent appeals
359. The Special Rapporteur sent an urgent appeal after receiving information
according to which, in the aftermath of the anti-Government demonstrations
in Mashhad, hundreds of people had been arrested. Four people,
Javad Ganjkhanloo, Golamhossein Pourshirzad, Ali Sadqi and Hamid Javid, were
said to have been sentenced to death by Islamic Revolutionary Courts and
executed on 10 June 1992 in Masshad prison, and four others on 11 June 1992.
Reportedly, the execution of a further five prisoners had been announced by
the Iranian State Radio. It was further reported to the Special Rapporteur
that several hundred people had been arrested during demonstrations in
Shushtar, Khuzistan province. Allegedly, orders had been given to the
security forces to “shoot at demonstrators without hesitating”. Fears were
expressed that those arrested, both in Masshad and Shushtar, might face
execution after trials which were not in conformity with internationally
recognized fair trial standards (25 June 1992 and 17 July 1992) .
360. It was also brought to the attention of the Special Rapporteur that
Hassan Zolfaghari, allegedly a PMOI member, was handed over to the Iranian
authorities by the Iraqi opposition group Patriotic Union of Kurdistan (PUK)
in April 1991, together with Beshar Shabibi, another PMOI member. Reportedly,
Beshar Shabibi was executed in Tehran in April 1992. It was feared that
Hassan Zolfaghari, too, risked imminent execution (25 June 1992) .
361. The Special Rapporteur sent another urgent appeal to the Government of
the Islamic Republic of Iran after receiving reports that Bihnam Mithaqi and
Kayvan Khalajabadi, who had been imprisoned for three years in Gohardasht
prison in Karaj , were informed that they had been sentenced to death by an
Islamic Revolutionary Court. The trials were said to have been incompatible
with internationally recognized fair trial standards. In particular, it was
alleged that the defendants were not present at their trials and that they did
not benefit from legal representation. It was also alleged that their
prosecution may have been due to their membership in the Baha'i community
(4 September 1992) .
362. The Special Rapporteur also received information according to which more
than 50 people had been executed in the Islamic Republic of Iran during the
months of September and October 1992. Nineteen persons were said to have been
executed on 30 September 1992 in Tehran, and 17 others on 17 and 18
October 1992 in Tehran, all of them after being sentenced to death for drug
trafficking by Islamic Revolutionary Courts.
E/CN. 4/1993/46
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363. The following persons were said to have been executed for their
participation in the aforementioned anti-Government manifestations in Masshad,
Shiraz and other cities: Saleh Amin Pour and Hasan Saidi, on 8 September 1992
in Tehran; Mohamed Tahghi Azimi, Namineh Nazeri, Habibollah Davari, Allah
Koram Khazari, Akbar Kejchmi, Davouch Pazouki, Judollah Hachemi (17),
Mohamed Mokweni (16), Mohamed Khoubron (17), Saide Malekzadeh, Houchingue Bani
Mostafah and Djavade Pour Aazan on 29 September 1992 in the Fahide Information
Centre. Four more people were reportedly executed in late September 1992,
bringing to 24 the total number of those executed in connection with the May
riots.
364. It was further reported to the Special Rapporteur that a large number of
people had been arrested in Masshad and Shiraz. Fears were expressed that
many of them might also be in danger of execution (30 October 1992) .
Other allegations
365. The following persons were allegedly executed after being sentenced to
death by Islamic Revolutionary Courts in trials which were said to fall short
of internationally recognized fair trial standards (31 August 1992) :
15 people in Gohardasht Prison, Karaj, on 3 January 1992;
7 people in Marageh, East Azerbaijan, on S January 1992, for “corruption
on earth”, committing acts of brigandage and armed robbery;
Yadollah Khossravi, Jabbar Rajabi and Siroos Pournorooz in 11am City
Prison, on 6 January 1992;
Hamid Salehpoor, in Ahwat City Prison, on 11 January 1992;
Shams Jahanhir Sarraf, in Evin Prison, Tehran, on 21 January 1992;
Rahim Darikvand, in Gohardasht Prison, Karaj, on 21 January 1992;
Sadeq Biralvand, in Qazvin Prison, on 21 January 1992;
Soleimani Ef fat Ghanizadeh, in Kermanshah Prison, on 21 January 1992;
Kiumars Najafi, in Masjid City Prison, on 30 January 1992;
6 persons in Bouroudjerd, Lorestan Province, on 19 February 1992, for
collaborating with members of an international gang of drug traffickers;
1 person in Dizelabad Prison, Kermanshah, on 27 April 1992, for drug
trafficking;
Lahaj Ali JIImadi, Hamid Naderi, Mohammad Salami, Beshar Shabibi and
Sarmadi in Tehran, on 7 May 1992;
15 people in Tehran, on 25 May 1992, for drug trafficking;
E/cN. 4/1993/46
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Mohammad Darabi (17), in Dizelabad Prison, Kermanshah, on 7 May 1992;
Fakhroddin Moradi, Hadi Mahmoudi and Au Tatoureh, in prisons in
Kurdistan, between 7 and 21 June 1992;
Hossein Jahaveri, Hossein Yadegari and Soleiman Kadkhodashir, on
9 or 10 June 1992 in Boukan Prison, Kurdistan;
7 persons in Shiraz, in late June 1992, for possession and distribution
of 500 kilograms of heroin;
13 people, including four Afghans, in Birjand, during the first half of
July 1992, for drug trafficking, illegal entry into Iran, armed robbery
and murder;
Jafar Mo'ezzani, Hassan Baghalian and Rastgar, in Hamedan City Prison, on
30 July 1992;
16 further prisoners in Hamedan City Prison, on 30 July 1992.
366. The following persons were reportedly sentenced to death by Islamic
Revolutionary Courts and subsequently executed for political reasons:
28 persons in Beresht-e-Zahra, during the second half of April 1992;
20 persons in Dizelabad prison, on 27 April 1992;
Hatan Djahanguiri Zadeh, in Tabriz, for being a sympathizer of the
so-called Democrat Party. Allegedly, he had emphatically denied
supporting any political movement;
Fereidoun Farokhzad-Araghi, a poet, actor and showman, in Bonn, in early
August 1992. Allegedly, he had received death threats from agents of the
Government.
367. In addition, the Special Rapporteur transmitted to the Government of the
Islamic Republic of Iran the following cases of alleged extrajudicial, summary
or arbitrary executions:
Bahman Samandari, in Evin Prison, Tehran, on 18 March 1992, one day after
he was summoned by the authorities in order to receive a document.
Allegedly, he was killed for his membership in the Baha'i community;
Raza Hoseini and Fereidoun Hachemi, on 26 September 1992, during a house
raid by members of the Islamic Revolutionary Guard in Tehran;
Morteza Yazdi, in Evin Prison, Tehran, in 1989, in spite of the fact that
he was serving an eight-year prison sentence. Allegedly, no reason was
given by the authorities for his execution.
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Communications received from the Government
368. At the time of the preparation of the present report, no communications
had been received from the Government of the Islamic Republic of Iran.
Follow-up on allegations transmitted in 1991
369. The Special Rapporteur sent a letter to the Government of the Islamic
Republic of Iran following up on allegations of extrajudicial, summary or
arbitrary executions that had been transmitted to that country in 1991. The
Government of the Islamic Republic of Iran had provided replies to some of
these allegations. The Special Rapporteur requested the authorities to supply
information also with regard to those for which no reply had been received so
far (see E/CN.4/1992/30, paras. 289-303).
Iraq
370. The reports and allegations that have come before the Special Rapporteur
indicate that human rights violations, including extrajudicial, summary or
arbitrary executions, continue to occur in Iraq on a large scale. In
particular, attacks by the military against the population (including Marsh
Arabs, internally displaced persons and refugees, and army deserters) in the
southern Marsh areas were said to continue in 1992. It was reported that,
during such attacks, the Iraqi military used heavy weapons, including tanks,
helicopter gunships and fighter planes, against a number of civilian villages.
371. The Special Rapporteur also received information concerning mass
executions, where at least 267 persons had reportedly been killed either
without any trial, or after trials which were said to fall short of the
internationally recognized fair trial standards.
Communications sent by the Special Rapporteur
372. The Special Rapporteur sent three urgent appeals to the Government of
Iraq.
373. The Special Rapporteur intervened with the Iraqi authorities after
receiving information concerning heavy attacks by the Iraqi military on the
civilian villages of Shumbaara al-Awaili, al-Kabab, al-Mouzar, Um-al-Hosh and
Abu Saboor on 9 July 1992, and on al-Wadia, al-Hajia and again al-Mouzar and
Um-al-Hosh on 15 July 1992, all situated in the southern Marshes. One of
these villages, Abu Saboor, had reportedly been attacked by the military
on 1 and 2 February 1992, when Iraqi soldiers swept to the village in search
of deserters. Allegedly, people were burnt to death inside their houses
before the village was subjected to a random artillery barrage (17 July 1992) .
374. The Special Rapporteur also sent an urgent appeal to the Government of
Iraq after he had received information regarding mass executions in
August 1992 at Deebka, near the town of al-Sharqat. Allegedly, about
200 people were killed by the military in groups of S to 10 persons. The
victims were said to have had the colouring and features of people from
southern Iraq. The Special Rapporteur reiterated his appeal to the Government
E/cN. 4/1993/46
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of Iraq to effectively protect the right to life and carry out investigations
with a view to identifying and bringing to justice those responsible for human
rights violations (30 October 1992) .
375. The Special Rapporteur sent another urgent appeal to the Government of
Iraq transmitting allegations he had received concerning the execution,
on 26 July 1992 in Baghdad, of Ra'ad Tabra and 41 other merchants (names of
a further 33 can be consulted in the files of the secretariat) . On
17 September 1992, a further 25 merchants and traders were said to have been
executed. Reportedly, they had been charged with economic offences such as
profiteering. It was alleged that the first 42 were sentenced to death in
trials which did not conform to the internationally recognized fair trial
standards. With regard to the group executed in September, it was reported
that they may not have had any trial at all. After a statement made by the
Iraqi President Saddam Hussein that these punishment measures were “to assure
the life of the people and to purge the Government and the society”, fears
were expressed that similar executions might follow (27 October 1992) .
Communications received from the Government
376. At the time of the preparation of the present report, no communications
had been received from the Government of Iraq.
Israel
377. The Special Rapporteur has received a number of reports and allegations
referring to human rights violations, including extrajudicial, summary or
arbitrary executions, in the Occupied Territories.
378. Broad application of new instructions issued to soldiers and civilians in
the territories concerning rules for opening fire were said to have resulted
in a rise in the number of deaths among the population. These regulations
reportedly allow the use of lethal force as a “last resort” against
Palestinians suspected of having committed or attempting to commit a wide
range of activities deemed illegal by Israeli military orders and regulations.
These include, inter alia , being a fleeing “suspect”, writing graffiti,
throwing stones, raising a Palestinian flag or wearing a kuffiyeh around one's
face. In the beginning of 1992, the instructions for the use of firearms were
said to have been relaxed even more to allow for the shooting of any person
considered to be armed. By the end of August 1992, more than 160 people were
said to have died, victims of political violence.
379. Members of the Israeli Defence Forces, border guards and undercover units
of the security forces were said to be responsible for a large number of
extrajudicial, summary or arbitrary executions of Palestinians and other Arabs
in the Occupied Territories. Allegedly, lethal force has been used in
situations in which it was neither necessary nor proportionate. Increasingly,
children are said to be among the victims of such killings. With regard to
the operation of undercover forces, it was reported to the Special Rapporteur
that their task was to work among the Palestinian population to identify those
defined as “activists” and to assassinate them. In this regard, the Special
Rapporteur refers to the report presented to the General Assembly at its
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forty-seventh session by the Special Committee to Investigate Israeli
Practices Affecting the Human Rights of the Palestinian People and Other Arabs
of the Occupied Territories (A/47/509) .
380. The Special Rapporteur has also received reports of deaths in custody due
to torture and ill-treatment of detainees during interrogations. Physical and
psychological torture was said to be systematically used in Israeli prisons
and detention centres.
Communications sent by the Special Rapporteur
381. The Special Rapporteur transmitted to the Government of Israel
information he had received concerning the alleged violation of the right to
life of five persons, among them one minor.
Urgent appeals
382. The Special Rapporteur transmitted an urgent appeal to the Government of
Israel concerning the case of Ahmad Suleiman Musa Qatamesh, a Palestinian who
was arrested on 1 September 1992 and has since been held at Ramallah prison.
He was reportedly threatened with death by his interrogators. Allegedly,
members of his family were also threatened. Both Ahmad Qatamesh and his wife
were said to have been subjected to torture (1 October 1992) .
Other allegations
383. The Special Rapporteur transmitted four further cases of alleged
extrajudicial, summary or arbitrary executions to the Government of Israel.
All of them were reported to have taken place in the West Bank. The victims
were Palestinians, in one case a child of 11 years:
(a) Mustapha Al-Akawi reportedly died during interrogation in Hebron
Prison on 4 February 1992, allegedly after being subjected to torture. Signs
of ill-treatment were said to have been noted by the judge who prolonged his
detention on the day before his death. An investigation by the Police Serious
Crimes Division reportedly concluded that his death was not caused by any
criminal act and recommended that the file on his case be closed;
(b) Mohammed Turkeman was reportedly killed by four men in civilian
clothes on 10 December 1991, while riding in a taxi near Zabalsdeh, Jenin.
The assailants then pulled him out of the car and studied his identity card.
One of them reportedly stated that they had made a mistake. The taxi driver
was warned not to talk about the incident;
(c) A boy of 11 was reportedly killed on 5 February 1992 in the
West Bank. It was alleged that he had been playing with another child when
they saw soldiers firing into the air and approaching them. According to the
source, the boy was shot dead when he tried to run away;
(d) Bahia Mohammed Mahmoud Rabaya was reportedly shot by soldiers
on 8 February 1992 in Irtas, Bethlehem, while riding in a car with other
members of her family during a curfew which they were permitted to violate.
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She was said to have died on the way to the hospital. Two of her children
were reportedly wounded by live ammunition.
Communications from the Government
384. At the time of the preparation of the present report, no communications
had been received from the Government of Israel.
Follow-up on allegations transmitted in 1991
385. The Special Rapporteur sent a letter to the Government of Israel
following up on allegations of extrajudicial, summary or arbitrary executions
transmitted to that country in 1991, for which no replies had been received
(see E/CN.4/1992/30, paras. 326-327).
Jamaica
Follow-up on allegations transmitted in 1991
386. The Special Rapporteur sent a letter to the Government of Jamaica
following up on allegations of extrajudicial, summary or arbitrary executions
transmitted to that country in 1991, for which no replies had been received
(see E/CN.4/1992/30, paras. 328-329).
Jordan
Follow-up on allegations transmitted in 1991
387. The Special Rapporteur sent a letter to the Government of Jordan
following up on allegations of extrajudicial, summary or arbitrary executions
transmitted to that country in 1991 (see E/CN.4/1992/30, paras. 330-334) .
388. The Government of Jordan had replied to some of these cases. With regard
to the remaining allegations, for which no replies had been received, the
Special Rapporteur requested to be provided with information.
Kenya
Communications sent by the Special Rapporteur
389. The Special Rapporteur transmitted three cases of alleged extrajudicial,
summary or arbitrary executions to the Government of Kenya (31 August 1992) .
All three concerned minors who were allegedly shot dead by members of the
Kenyan Police; reportedly, no disciplinary or judicial action had been taken
against those responsible:
(a) Martine Wamalwa (12) and Mutiembu Nanjala Wamalwa (5) were
reportedly killed on 22 March 1992 in Kitale, Western Province;
(b) Mary Kiarie Wanjiru (14) was reportedly killed in Limuru.
Communications received by the Special Rapporteur
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390. The Government of Kenya informed the Special Rapporteur that the case of
Mary Wanjiru Kiarie had been brought before the courts and that the other
two cases were under investigation (16 October 1992) .
Kuwait
Follow-up on allegations transmitted in 1991
391. The Special Rapporteur sent a letter to the Government of Kuwait
following up on allegations of extrajudicial, summary or arbitrary executions
transmitted to this country in 1991 (see E/CN.4/1992/30, paras. 335-343) .
392. The Government of Kuwait had replied on some of these cases. With regard
to the remaining allegations, for which no replies had been received, the
Special Rapporteur asked to be provided with information.
Lesotho
Communications sent by the Special Rapporteur
393. The Special Rapporteur transmitted to the Government of Lesotho
information he had received concerning the alleged extrajudicial, summary or
arbitrary execution of four persons (31 August 1992) . One of the victims was
a minor. Two cases allegedly constituted violations of the right to freedom
of opinion and expression and peaceful assembly and association.
394. Two people were reportedly shot dead by police officers in the context of
demonstrations supporting a nationwide teachers' strike in Maseru.
Tsepang Tsira was said to have been shot in the head while travelling in a van
with friends on 25 August 1992. Bathobakae Mokhathu (17) was reportedly
killed during a demonstration on 27 August 1990. According to an eyewitness,
he had not taken part in the demonstration. Although a police officer was
said to have been arrested, it is alleged that no criminal prosecution has
taken place.
395. Ngaka Sula, an official of the Construction and Allied Workers Union of
Lesotho, was reportedly killed by a policeman in August 1991 for having
allowed another member of that Union onto the site where he was working as a
watchman.
396. Makakole Mofokeng was reportedly arrested by South African Police and
transferred to the custody of the Royal Lesotho Police in September 1991. He
was allegedly subjected to severe torture. Upon being sent to the
headquarters of the Criminal Investigation Division at Maseru, he died on
28 October 1991. A post-mortem examination reportedly indicated asphyxiation
as the cause of death.
Communications received from the Government
397. At the time of the preparation of the present report, no communications
had been received from the Government of Lesotho.
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Follow-up on allegations transmitted in 1991
398. The Special Rapporteur sent a letter to the Government of Lesotho
following up on allegations of extrajudicial, summary or arbitrary executions
transmitted to that country in 1991, for which no replies had been received
(see E/CN.4/1992/30, paras. 346-347).
Liberia
399. Detailed reports about the human rights situation in Liberia, including
allegations of extrajudicial, summary or arbitrary executions, were received
only after the final date for the consideration of information brought to the
attention of the Special Rapporteur. A full assessment of these reports will
be presented to the Commission on Human Rights at its fiftieth session.
Madagascar
Follow-up on allegations transmitted in 1991
400. The Special Rapporteur sent a letter to the Government of Madagascar
following up on allegations of extrajudicial, summary or arbitrary executions
transmitted to that country in 1991, for which no replies had been received
(see E/CN.4/1992/30, paras. 348-351).
Malawi
401. The Special Rapporteur has received reports indicating that the trial
procedures leading to the imposition of the death penalty in Malawi were not
in conformity with all the international instruments relating to fair trial.
In particular, the Special Rapporteur was informed that off ences for which the
death penalty was mandatory (murder or treason) and those for which it may be
imposed (rape, robbery with violence, housebreaking or burglary) were tried in
so-called “traditional courts”. Allegedly, in procedures before such courts,
defendants do not benefit from all the internationally recognized guarantees
for a fair trial: reportedly, defendants are not allowed to have lawyers and
often may not call defence witnesses or cross-examine prosecution witnesses.
The judiciary in such courts is said to be directly answerable to the
President.
402. The Special Rapporteur has also received allegations according to which
death threats were made by the authorities against critics of the Government
and political exiles who might wish to return to Malawi.
Communications sent by the Special Rapporteur
403. The Special Rapporteur transmitted to the Government of Malawi
information he had received concerning the alleged violation of the right to
life of 16 persons. Two cases allegedly constituted violations of the right
to freedom of opinion and expression.
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Urgent appeals
404. The Special Rapporteur sent an urgent appeal to the Government of Malawi
after receiving reports of the alleged imminent execution of 15 prisoners held
at Zomba Central Prison, including: Winston Kabenthu, Style Pimri,
Tobet Kamwendo, Leston Simba, Davison Maponda, George Sukali, Wilson Mwale
Ngozo, Thenson Thomas, Lyson Nkhoma, Laurence Zuze and Bonfasio Petro
(24 June 1992) .
405. The Special Rapporteur sent another urgent appeal upon receiving
allegations which expressed fear for the life and physical integrity of
Chakufwa Chihana, who reportedly had published letters and speeches advocating
political change in Malawi (3 August 1992) .
Other allegations
406. The Special Rapporteur also transmitted to the Government of Malawi the
case of Mkwapatira Mhango, an exiled journalist allegedly killed on
13 October 1989 in Zambia. Several sources indicated involvement of the
Malawi authorities in his killing. Reportedly, Mkwapatira Mhango had been
publicly denounced by the President of Malawi after making statements which
were interpreted as being directed against the Government (31 August 1992) .
Communications received from the Government
407. The Government of Malawi provided the Special Rapporteur with information
in reply to his urgent appeal concerning the case of Chakufwa Chihana. It was
stated that there were practically no political detainees in Malawi and that
allegations according to which several political opposition figures had been
killed were wild and unreliable. Chakufwa Chihana was subject to the judicial
process taking its normal course as a citizen who had contravened a specific
law in the statute books. His case was in the courts. He himself was alive
and well (24 August 1992) .
408. The Government of Malawi also informed the Special Rapporteur that the
case of Mkwapatira Mhango had been transmitted to the appropriate authorities
to deal with. Information concerning these allegations would be forwarded as
soon as their reply was available (23 September 1992) .
Malaysia
Communications sent by the Special Rapporteur
409. The Special Rapporteur transmitted an urgent appeal to the Government of
Malaysia after receiving reports according to which 43 asylum seekers from
Aceh, Sumatra, Indonesia, were at risk of extrajudicial execution if they were
to be returned to Indonesia. The Special Rapporteur appealed to the Malaysian
authorities to refrain from returning them without giving them a fair
opportunity to establish entitlement to refugee status (12 August 1992) .
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Communications received from the Government
410. At the time of the preparation of the present report, no communications
had been received from the Government of Malaysia.
Follow-up on allegations transmitted in 1991
411. The Special Rapporteur sent a letter to the Government of Malaysia
following up on allegations of extrajudicial, summary or arbitrary executions
transmitted to that country in 1991, for which no replies had been received
(see E/CN.4/1992/30, paras. 353-356).
Mali
412. The reports and allegations that have come before the Special Rapporteur
indicate that human rights violations, including extrajudicial, summary or
arbitrary executions, occurred in Mali when the armed forces responded to
attacks by Tuareg rebels on towns or villages in northern Mali by arresting,
torturing and killing members of the Tuareg communities. In some cases, the
armed forces allegedly executed civilians solely because of their ethnic
origin.
Communications sent by the Special Rapporteur
413. The Special Rapporteur sent to the Government of Mali allegations he had
received according to which three days after an attack on a military vehicle
near Gossi in the Timbuktu region by a Tuareg armed group, an army unit
arrived at Gossi on 23 May 1992. The soldiers reportedly arrested 10 Tuareg
civilians who were said not to have been involved in the attack. Two of those
arrested, Rhissa Ag Intekel and Ibrahim Ag Emarwel, were allegedly killed in
Gossi. The others were said to have been taken to Gourma Rharous,
about 150 kilometres north-west of Gossi. However, it was reported that some
or all of the prisoners never reached their destination but were
extrajudicially executed at Tinharra, some 25 kilometres from Gourma Rharous.
Their names were reported to the Special Rapporteur as follows: Ibrahim Ag
Abdou Kader, Alhassane Ag Baye, Bijiki Ag Intekna, Cheick Ag Bendeche,
Ahamadou Ag Hamad, Inamoud Ag Amaye, Intalou Ag Ekawel and Mouaji Ag Attiyoub.
Communications received from the Government
414. At the time of the preparation of the present report, no communications
had been received from the Government of Mali.
Follow-up on allegations transmitted in 1991
415. The Special Rapporteur sent a letter to the Government of Mali following
up on allegations of extrajudicial, summary or arbitrary executions
transmitted to that country in 1991, for which no replies had been received
(see E/CN.4/1992/30, paras. 358-362).
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Mauritania
Follow-up on allegations transmitted in 1991
416. The Special Rapporteur sent a letter to the Government of Mauritania
following up on allegations of extrajudicial, summary or arbitrary executions
transmitted to that country in 1991, for which no replies had been received
(see E/CN.4/1992/30, paras. 363-366).
Mexico
417. The Special Rapporteur received reports concerning human rights
violations, including death threats and extrajudicial, summary or arbitrary
executions, allegedly perpetrated by members of the Mexican security forces.
Human rights activists, critics of the Government, trade unionists and
peasants, especially those belonging to indigenous communities, were said to
be the main targets of violence. Indigenous communities were reported to
suffer violations of their human rights in the context of land disputes.
Powerful landowners, “cacigues” and gunmen in their service allegedly
cooperate with members of the security forces.
418. It was reported to the Special Rapporteur that complaints of human rights
abuses were not properly investigated by the authorities on both the local and
national levels. Only in few cases were those responsible said to be brought
to justice.
Communications sent by the Special Rapporteur
419. The Special Rapporteur transmitted to the Government of Mexico
information he had received concerning the alleged violation of the right to
life of five persons, among them one minor. Two cases concerned violations of
the right to freedom of opinion and expression and peaceful assembly and
association.
Urgent appeal
420. The Special Rapporteur sent an urgent appeal to the Government of Mexico
after receiving information concerning death threats against Maria Teresa
Jardi, Director of the Department of Solidarity and Defence of Human Rights in
the Archdiocese of Mexico and legal adviser to the Commission of Solidarity
and Defence of Human Rights in Chihuahua, in late October. It was alleged
that one of the threats referred to her investigations into the murder of
Victor Manuel Oropeza Contreras (24 November 1992) .
Other allegations
421. The Special Rapporteur transmitted the following cases to the Government
of Mexico (31 August 1992) .
422. Tom s Diego Garcia was reportedly killed on 25 January 1992, when members
of the Preventive Police, the State Judicial Police and local gunmen raided
the Indian community of La Trinidad Yaveo, Santiago Yaveo, district of
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Choapan, Oaxaca. Allegedly, he was shot dead when he was running, unarmed,
after a vehicle in which several persons detained during the raid were
abducted. Also during this raid, one agent of the State Judicial Police
reportedly put his gun into the mouth of five-year-old Misael Garcia Santiago,
threatening him with death if he did not stop crying. The assault on the
community of La Trinidad Yaveo was said to have been the latest of a series of
incidents in the context of a conflict in which a sector of the community
asserted their traditional land rights against local landowners who reportedly
had seized part of the land in question.
423. The Special Rapporteur also transmitted to the Government of Mexico the
case of Victor Manuel Oropeza Contreras, author of a daily newspaper column in
which he criticized the Government and, in particular, the police, who was
reportedly killed on 3 July 1991 in Ciudad Juarez. An investigation into the
case, carried out by the State Police and the Federal Attorney's Office, was
allegedly not conducted properly. According to the source, the case had not
been investigated by the National Commission on Human Rights, which had been
established by the Mexican Government in 1990.
424. In the case of Francisco Quijano Garcia, whose body had been found
on 11 March 1992 after he had been detained by agents of the Judicial Police
on 21 June 1990, it was also alleged that the investigation of the case,
carried out by the Federal District Attorney General's Office, was not
conducted properly. A person identified by the authorities as the murderer of
Francisco Quijano Garcia reportedly claimed to be innocent and alleged that
the police had threatened him with death if he revealed the truth.
Communications received from the Government
425. The Government of Mexico informed the Special Rapporteur that the Chamber
of Deputies had unanimously rejected the acts of intimidation against
Maria Teresa Jardi and requested the competent authorities to thoroughly
investigate the death threats and to guarantee the safety of Mrs. Jardi and
her family. The Human Rights Commission of the Chamber of Deputies equally
rejected the acts of intimidation against Mrs. Jardi. The Federal Attorney's
Office provided agents for her personal security. The President of Mexico,
Carlos Salinas de Gortari, met with Maria Teresa Jardi in November 1992 and
expressed his full support for the efforts to identify those responsible and
punish them in accordance with the law. He also reiterated that Mrs. Jardi
and her family would be granted all necessary guarantees for their physical
integrity (26 November 1992) .
Follow-up on allegations transmitted in 1991
426. The Special Rapporteur sent a letter to the Government of Mexico
following up on allegations of extrajudicial, summary or arbitrary executions
transmitted to that country in 1991, for which no replies had been received
(see E/CN.4/1992/30, paras. 368-370).
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Morocco
Communications sent by the Special Rapporteur
427. The Special Rapporteur sent an urgent appeal to the Government of Morocco
after he had received information according to which excessive force had been
used by members of the police and military in order to disperse non-violent
demonstrations, in the towns of Assa and Smara on 23 September 1992 and on
6 and 7 October 1992. Reportedly, police and Royal Gendarmerie agents fired
indiscriminately on participants in the demonstrations, who demanded the
implementation of the United Nations Peace Plan as well as the holding of the
Referendum for Self-Determination provided for in that plan, and requested the
Government to find solutions for the grave economic situation in the area.
Ten people were said to have been killed and many others wounded
(20 October 1992) .
Communications received from the Government
428. The Government of Morocco provided the Special Rapporteur with
information in reply to the aforementioned urgent appeal. It was stated that
the allegations had been diffused by the Frente Polisario to mislead public
opinion and the United Nations before the problem of the Sahara was discussed
in the Fourth Committee of the General Assembly. Some incidents that had
occurred in Smara and other towns of the Kingdom of Morocco were isolated
events due to disputes between supporters and adversaries of some candidates
during the electoral campaign which started in September for municipal and
communal elections. However, nobody was reported seriously injured and no
arrest was carried out. The Commander-in-Chief of the United Nations Mission
for the referendum in Western Sahara (MINURSO) had declared on 23 October 1992
that the situation in Smara and Layoune was calm. On 28 October 1992, the
Special Representative of the Secretary-General for the Sahara also declared
that MINURSO did not corroborate the declarations made by the Frente Polisario
(10 November 1992) .
Follow-up on allegations transmitted in 1991
429. The Special Rapporteur sent a letter to the Government of Morocco
following up on allegations of extrajudicial, summary or arbitrary executions
that had been transmitted to that country in 1991.
430. The Government of Morocco provided information in reply to all the cases
brought to its attention. In two cases, it was reported that preliminary
investigations had been opened before the competent courts. The Special
Rapporteur requested the Government of Morocco to provide him with updated
information, in particular the decisions taken as a result of those procedures
and any measure adopted as a consequence thereof.
Myanmar
431. The reports and allegations that have come before the Special Rapporteur
indicate that human rights violations, including extrajudicial, summary or
arbitrary executions, continue to occur in Myanmar on a large scale.
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432. Several reports concerned gross human rights violations committed by the
Myanmar security forces against Muslims in Rakhine (Arakan) State, also
referred to as Rohingyas, in what was described as a general pattern of
repression against religious or ethnic minority groups. Numerous
extrajudicial, summary or arbitrary executions were said to take place in the
context of forced labour. Members of minority groups are reportedly taken for
porter duty by the military, either as punishment for suspected involvement
with armed insurgencies or simply at random. While on duty, they are said to
be subjected to severe ill-treatment including deprivation of food, water and
sleep, beating with bamboo sticks and rifle butts, kicking with heavy boots,
burning with cigarettes or slashing with bayonets. When, as a consequence of
the hard work under such conditions, they fall ill or become too weak to work,
they are reportedly killed by the military or simply left to die. The Special
Rapporteur also received reports about deaths in military custody due to
torture and ill-treatment.
433. As a consequence of the consistent and widespread human rights abuses in
Rakhine State, approximately 300,000 Rohingyas were reported to have fled to
Bangladesh by the end of April 1992. Entire villages were said to have been
forced to leave in order to escape torture, ill-treatment and killing by the
security forces.
Communications sent by the Special Rapporteur
434. The Special Rapporteur transmitted to the Government of Myanmar
allegations concerning the alleged violation of the right to life
of 99 persons. One case allegedly constituted a violation of the right to
freedom of expression and opinion, religion, and peaceful association and
assembly. The Special Rapporteur intervened on behalf of 90 persons by
sending an urgent appeal and transmitted the remaining nine cases by letter to
the Government of Myanmar, which replied to the allegations contained in the
urgent appeal.
Urgent appeal
435. The Special Rapporteur sent an urgent appeal to the Government of Myanmar
after it had been reported to him that 90 women, some of whom were said to be
infected with the HIV-virus, were to be repatriated to Myanmar from Thailand,
where they had been rescued from forced prostitution in Thai brothels.
Allegedly, in April 1992, 25 women from Myanmar, who had been tested and found
to be HIV-positive, had been executed by cyanide injections by the Myanmar
military upon their return to the country. The Special Rapporteur urged the
authorities to ensure the safety and physical integrity of all women
repatriated to Myanmar and requested the Government of Myanmar to provide him
with information regarding the steps taken to provide effective protection
from extrajudicial execution (29 September 1992) .
Other allegations
436. The following nine persons were reportedly extrajudicially executed by
members of the Myanmar military forces (31 August 1992) :
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(a) Saing Shwe (22), Pu Sam Shwe (40), Saing Say (33), Loong Sarm (30)
and Pu Loi Haw (40), on 25 December 1991 in Lashio Township, Northern Shan
State, was reported to have been killed by a military column led by
Captain Tin Win of the 68th Light Infantry Regiment which was on patrol in the
area. Saing Shwe and Loong Sarm were allegedly beaten and tortured to death
by the soldiers. Pu Loi Haw was reportedly killed because the military
suspected him of having made contacts with resistance forces;
(b) Lung Shaw (56) reportedly died on 11 November 1991 after he had
been beaten and kicked until he lost consciousness, allegedly without any
obvious reason, by soldiers from the Myanmar Army 247th Light Infantry
Regiment Company 4 led by Captain Tun Than at Wan Yawn, Naung Nay ward, Nam
San Township, in Shan State;
(c) Seng Moung (25) was allegedly arrested to serve as a porter by the
Military Column No. 2 of the 33rd Light Infantry Regiment in October 1991 at
Tarn Yarng Township, Northern Shan State. On 9 November 1991, he reportedly
tried to escape but was rearrested by the military when, due to forced labour,
malnutrition and a long journey, he was unable to cross a river. He was
allegedly tortured and beaten by the soldiers and then thrown into the river;
where he was said to have drowned;
(d) (N)awa Padvia Dhanibai was reportedly killed on 13 July 1992 by
Forest Guards who had come, together with police officers, to the village of
Kalibel in Taloda, a forest area being cleared for resettlement caused by the
Sardar Saronar dam project. The Forest Guards allegedly opened fire on tribal
people who were protesting against the prohibition of cultivating land in the
resettlement areas, killing one woman and injuring seven other persons;
(e) Mohamed Ilyas (64), a Muslim from Buthidaung Township, Rakhine
(Arakan) State, and local secretary of the National League for Democracy,
reportedly died on 23 June 1992 as a consequence of a severe beating by
Military Intelligence Services (MIS) personnel while in custody.
Communications received from the Government
437. The Government of Myanmar has provided the Special Rapporteur with
information in reply to the urgent appeal concerning the alleged danger of
extrajudicial execution for 95 women to be repatriated from Thailand to
Myanmar. It was stated that the allegations mentioned in the Special
Rapporteur's urgent appeal, that in April 1992, 25 women had been given
cyanide injections after having tested HIV-positive were baseless accusations
emanating from certain malefactors and certain non-governmental sources. The
95 women rescued from brothels in Thailand had returned to Myanmar
safely (15 October 1992) .
438. In addition, the Government of Myanmar provided the Special Rapporteur
with a copy of State Law and Order Restoration Council (SLORC) Order No. 12/92
of 26 September 1992 by which executive and judicial martial law powers vested
in certain military commanders within their respective military regions were
revoked. The Government informed the Special Rapporteur that, by Order
No. 10/92 of 10 September 1992, the SLORC had also lifted the curfew order
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imposed from 11 p.m. to 4 a.m. (28 September 1992) . An 18-member Convening
Commission and a 36-member Management Committee to make preparations for the
National Convention to be held in late 1992 or early 1993 were formed by SLORC
Order No. 13/92 of 2 October 1992 (7 October 1992, 19 October 1992) . The date
for the meeting of the National Convention was fixed for 9 January 1992
(18 November 1992) .
439. The Government of Myanmar also informed the Special Rapporteur about
attacks by armed terrorist groups, including the Karen National Union (KNU)
and the Karenni National Progressive Party (KNPP) on Htimukhi and Hweponglao
camps in July and September 1992, after the Myanmar armed forces had suspended
all military offensive operations in April 1992 with a view to securing amity
among all national races for national unity and national solidarity.
Counter-offensives were carried out to recapture the camps in August and
September 1992, in self-defence and in response to the forays made by the
armed terrorists (18 November 1992) .
Follow-up on allegations transmitted in 1991
440. The Special Rapporteur sent a letter to the Government of Myanmar
following up on allegations of extrajudicial, summary or arbitrary executions
that had been transmitted to that country in 1991.
441. The Government of Myanmar had informed the Special Rapporteur that the
authorities concerned were looking into the cases. However, no reply was
received with regard to these allegations (see E/CN.4/1992/30,
paras. 381-387) .
Nepal
Communications sent by the Special Rapporteur
442. The Special Rapporteur transmitted to the Government of Nepal allegations
he had received according to which 10 people had been killed by members of the
police and political party workers in various parts of the country during the
local election campaign in May 1992. Allegedly, none of the perpetrators had
been arrested and no inquiry into these incidents had been opened. The names
of those reported as victims of such executions are: Tularas Acharya, Anthun
Lal Kunwar, Ramsaran Yadav, Ram Prasad Singh, Abdul Miya, Om P. Yadava,
Nathuni Mahoto, Dilli Ram Chaihan, Soti Mukhiya and Mahottari
(31 August 1992) .
Communications received from the Government
443. At the time of the preparation of the present report, no communications
had been received from the Government of Nepal.
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Nicaragua
Follow-up on allegations transmitted in 1991
444. The Special Rapporteur sent a letter to the Government of Nicaragua
following up on allegations of extrajudicial, summary or arbitrary executions
transmitted to that country in 1991.
445. The Government of Nicaragua had replied on some of these cases. With
regard to the remaining allegations, for which no replies had been received,
the Special Rapporteur requested to be provided with information (see
E/CN.4/1992/30, paras. 388-393).
Niger
Follow-up on allegations transmitted in 1991
446. The Special Rapporteur sent a letter to the Government of Niger following
up on allegations of extrajudicial, summary or arbitrary executions
transmitted to that country in 1991, for which no replies had been received
(see E/CN.4/1992/30, paras. 396-397).
Nigeria
Follow-up on allegations transmitted in 1991
447. The Special Rapporteur sent a letter to the Government of Nigeria
following up on allegations of extrajudicial, summary or arbitrary executions
transmitted to that country in 1991, for which no replies had been received
(see E/CN.4/1992/30, paras. 398-411) . The Government of Nigeria replied to
this letter stating that a comprehensive reply was being prepared and would be
forwarded to the Special Rapporteur as soon as possible.
Pakistan
448. The reports and allegations that have come before the Special Rapporteur
indicate that human rights violations, including extrajudicial, summary or
arbitrary executions, continue to occur in Pakistan.
449. As in past years, the Special Rapporteur received several reports
concerning trials leading to the imposition of capital punishment before
Special Courts for Speedy Trial, set up under a Constitutional Amendment in
Pakistan in 1991. It was alleged that in procedures before such courts,
defendants did not benefit from all the rights and guarantees contained in
international instruments, in particular with regard to the right to a public
hearing, the right to present a full defence, the right to be presumed
innocent until proven guilty and the right to appeal. Reportedly, Special
Courts for Speedy Trial have to decide a case within 30 days. An adjournment,
for example to obtain the testimony of defence witnesses, may not exceed days.
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Appeals must be filed within seven working days before a Supreme Appellate
Court set up under the same legislation. Reportedly, there is no possibility
for a person tried by a Special Court for Speedy Trial to appeal to a High
Court or the Supreme Court.
450. The Special Rapporteur also received reports concerning alleged
extrajudicial, summary or arbitrary executions of political activists after
their arrest by the police. In a number of cases it was also alleged that no
inquiries into the circumstances of such killings had been carried out.
Communications sent by the Special Rapporteur :
451. The Special Rapporteur transmitted to the Government of Pakistan
allegations he had received according to which 17 persons had been victims of
extrajudicial, summary or arbitrary executions, including the following
(31 August 1992) :
(a) Mohamed Riaz Ahmed and Mehdi Khan were reportedly executed on
12 April 1992 in Karachi after being convicted of murder and sentenced to
death by Special Courts for Speedy Trial. The procedures before these courts
did not seem to conform to internationally recognized fair trial standards;
(b) Two landowners were reportedly killed while in police custody in
June 1992 near Jamshoro in connection with a land dispute. Allegedly, no
investigation into their deaths was carried out;
(c) Mohammad Yusuf Jakhrani, an opposition politician, reportedly died
on 12 June 1992 in a military hospital at Kandhkot, allegedly as a consequence
of injuries inflicted upon him during military interrogation. No inquiry into
the case was said to have taken place;
(d) Younous, a prisoner under trial, was reportedly found dead in his
cell at Kot Lakhpat Prison in Lahore in July 1991. No inquiry into his death
was said to have taken place;
(e) Mohammad Idrees Bajwa was reportedly killed in an encounter with
policemen in Toba Tek Singh in November 1990. Based on an investigation
report published in June 1991, the registration of a case for manslaughter
against six policemen was reportedly ordered. However, no results of such
proceedings were said to have been made known;
(f) Ahmad Shakeel was reportedly tortured to death at the Crime
Investigation Agency (CIA) detention centre in Karachi on 25 April 1990.
Allegedly, no case was filed against the CIA officers involved. After his
father filed a private complaint in court, proceedings reportedly began
against eight CIA officers, but no results were said to have been made known.
Communications received from the Government
452. At the time of the preparation of the present report, no communications
had been received from the Government of Pakistan in reply to the allegations
transmitted by the Special Rapporteur in 1992.
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Follow-up on allegations transmitted in 1991
453. In reply to the allegations of extrajudicial, summary or arbitrary
executions transmitted in an urgent appeal of 11 November 1991 (see
E/CN.4/1992/30, paras. 412-415), the Government of Pakistan provided the
Special Rapporteur with information concerning Special Courts for Speedy
Trials. It was stated that these courts had first been set up under the
Special Courts for Speedy Trials Act, 1987 (V od 1987) , in order to enable
courts to deal with crimes arising out of terrorism. At present, they had
their legal basis in the Courts for Speedy Trials Ordinance 1991, promulgated
on 5 August 1991 and based on a 1990 constitutional amendment. The Special
Courts for Speedy Trials were presided over by retired or serving judges of
the High Court or persons qualified for appointment as judges of the High
Courts. Appeals against the orders of the Special Courts lay to the Supreme
Appellate Court, comprising a judge of the Supreme Court as its chairman and
two judges of the High Courts as its members. The trial procedures before
Special Courts were the same as those in the other courts of the country. No
defendant had complained so far that he had not been given an opportunity for
a proper defence. There had been several acquittals by Special Courts. In a
number of cases, trial by these courts had been recommended even by the
opposition. Not a single case had been sent to these courts for political
motives.
Observations
454. Despite the assurances provided by the Government of Pakistan as to the
rights of defendants in trials before the Special Courts for Speedy Trials,
the Special Rapporteur remains concerned about continuing reports of
shortcomings in the procedures before such courts. A modification of the
procedures in conformity with the pertinent international instruments should
be envisaged to avoid the application of death sentences without respect for
all the guarantees and safeguards of a fair trial.
Paraguay
455. The Special Rapporteur has received reports indicating that, since the
overthrow of the regime of General Alfredo Stroessner in 1989, respect for
human rights in Paraguay has improved significantly: repressive laws have
been repealed, restrictions on trade unions, political parties and the news
media have been lifted and steps have been taken to bring to justice some of
those responsible for human rights violations in the past.
456. Nevertheless, the Special Rapporteur continued to receive reports of
human rights violations, including extrajudicial, summary or arbitrary
executions, in the context of land disputes. Army and police personnel
allegedly resorted to violence against peasant farmers attempting to establish
land claims.
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Communications sent by the Special Rapporteur
457. The Special Rapporteur transmitted the following two cases of alleged
extrajudicial, summary or arbitrary executions to the Government of Paraguay
(31 August 1992) :
(a) Bernardo Ramirez, a peasant, was reportedly killed by a soldier of
Military Detachment No. 1 in Yhovy, district of Corpus Christi, department of
Canindiyu, on 15 February 1992. Allegedly, no investigation into the case has
been conducted;
(b) Nery Otazu was reportedly killed on 5 April 1992 by the mayor of
Fuerte Olimio, who was said to have broken into his father's house in a state
of inebriety. It was alleged that no investigation into the case had been
carried out.
Communications received from the Government
458. At the time of the preparation of the present report, no communications
had been received from the Government of Paraguay.
Follow-up on allegations transmitted in 1991
459. The Special Rapporteur sent a letter to the Government of Paraguay
following up on allegations of extrajudicial, summary or arbitrary executions
transmitted to that country in 1991, for which no replies had been received
(see E/CN.4/1992/30, paras. 417-419).
Peru
460. The reports and allegations that have come before the Special Rapporteur
indicate that human rights violations, including extrajudicial, summary or
arbitrary executions, continue to occur in Peru on a large scale.
461. Widespread violations of the right to life still occur against the
background of the armed conflict between the Government and guerrilla groups,
in particular the Communist Party of Peru (Shining Path) and, to a lesser
extent, the Tupac Amaru Revolutionary Movement (MRTA) . According to official
figures, between May 1980 and August 1992 this internal war has cost the lives
of 24,517 persons; 10,286 civilians were said to have died as victims of
political violence in which they were not directly participating. During the
first 8 months of 1992, 2,074 persons were reportedly killed. Among
the 1,029 civilian victims, peasants (379), shanty town dwellers (210) and
members of rural patrols (164) were those most affected. Those killed
included 306 members of the security forces, and 739 subversives.
462. As in former years, Shining Path was said to be responsible for a large
number of killings, especially in rural areas where peasants organized in
civil defence groups ( rondas campesinas ) or suspected of collaboration with
the Government security forces continued to be the main targets. In urban
areas, besides attacks on police stations, military barracks and shopping
centres, Shining Path reportedly for the first time targeted the media,
E/CN. 4/1993/46
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exploding a truck bomb in front of Channel 2 broadcasting station in
June 1992. According to figures presented by the Pacification Commission,
41.23 per cent of the victims of political violence in 1991 could be
attributed to Shining Path, and 4.37 per cent of the total deaths to MRTA.
Members of the military and the police, trade unionists, community activists,
peasants, ronderos , journalists and foreigners engaged in cooperation projects
were said to be among the victims of guerrilla violence, which also did
enormous damage to the country's economy.
463. Numerous extrajudicial, summary or arbitrary executions were reported to
have been carried out by the army and the security forces and other groups
linked to them, or acting with their acquiescence and complicity. The
principal victims in the Government's counter-insurgency activities continue
to be peasants, who are often reported to be executed for their refusal to
join the rondas campesinas , in retaliation for Shining Path attacks, or
because they are suspected by the military of cooperating or sympathizing with
Shining Path. Journalists, human rights activists, trade unionists, judges
and court officials were also reported to be targets for death threats and
extrajudicial, summary or arbitrary execution by members of the security
forces.
464. The Special Rapporteur was informed that the number of killings for
political motives had not declined in 1992. On S April 1992, Peruvian
President Alberto Fujimori dissolved the Congress and established an
executive-led Government of Emergency and National Reconstruction. Decrees
passed shortly thereafter reportedly brought about the suspension of judicial
guarantees of fundamental rights such as habeas corpus and amparo . Law
No. 25,475 of 6 May 1992 was said to contain substantial restrictions of the
right to defence for individuals accused of terrorism. An increase of violent
guerrilla activities was reported in the aftermath of the events of
S April 1992. The impact of the arrest on 12 September 1992 and subsequent
sentences to life imprisonment of Abimael Guzntn, leader of Shining Path, on
the future of the armed conflict remains to be seen. An upsurge of guerrilla
violence, including attacks on schools, police stations, markets, commercial
centres and banks, was reported around the time of the elections to the
Congreso Constituyente y Democr tico on 22 November 1992. The Shining Path
had called off a paro armado (armed strike) to deter people from participating
in the elections.
465. The Special Rapporteur was further informed that most of those
responsible for human rights abuses continued to enjoy impunity. After
5 April 1992, all judicial and Public Ministry activities were suspended
for 10 working days. This and the removal from their positions of a number of
judges and prosecutors reportedly had the consequence that the judicial system
stopped working in practice.
Communications sent by the Special Rapporteur :
466. The Special Rapporteur transmitted to the Government of Peru information
that had come before him concerning the alleged violation of the right to life
of 194 persons. In 20 cases, the victims were said to be minors; 67 cases
allegedly concerned the violation of the right to freedom of opinion and
E/cN. 4/1993/46
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expression, religion, and peaceful assembly and association. By sending
10 urgent appeals, the Special Rapporteur intervened on behalf of 69 persons.
Allegations concerning 125 others were sent to the Government in a separate
letter. The Government provided the Special Rapporteur with information
concerning 72 persons.
Urgent appeals
467. Luz Gladys Roque Montesillo, In s Sinchitullo Barboza, Eduardo Rojas
Laysequia, all three officials of the Prosecutor's Office in Huancavelica, and
Manuel Antonio C6rdova Polo, Provincial Prosecutor of Arigaraes, were
reportedly threatened on different occasions between February and July 1992 by
members of the security forces, allegedly for their involvement in judicial
investigations of the killing of 14 peasants in Santa Barbara in 1991.
Cynthia Temys Quesada Roque (2), daughter of Luz Gladys Roque Montesillo, was
said to have been hurt in an attack against her mother in July 1992
(24 June 1992) .
468. Gustavo Gorriti Ellenbogen, his wife Esther Delgado de Gorriti, and his
daughters Galia (6) and Dafne (1) , were reportedly threatened on 5 June 1992
by members of the State security forces, in particular the National
Intelligence Service. Gustavo Gorriti Ellenbogen was also said to have
suffered acts of harassment earlier in the year (25 June 1992) .
469. The home of Judge Arturo Zapata Carbajal in Lima was reportedly raided by
the military on 10 April 1992, during his absence. The soldiers allegedly
questioned his father, Juan Zapata Veliz, and his two sons, Hans (10) and
Kervin (8) , about his whereabouts, threatening them with guns. Fears for
Arturo Zapata Carbajal's safety were expressed (29 June 1992).
470. Nancy Valcarcel de Sim6n, wife of Yehude Sim6n Munaro, detained
since 11 June 1992, has reportedly been subjected to death threats since the
detention of her husband (9 July 1992) .
471. Lorenzo Ccapa Hilachoque, Secretary General of the Unified Farmers'
Federation of Espinar, and other leaders of the same union, including its
Secretary, Juan Huarca Saico, were reportedly subjected to death threats and
attacks by members of the police and the armed forces, allegedly in
retaliation for denunciations of human rights abuses (7 August 1992) .
472. Juan Luna Rojas, Secretary General of the Peruvian Workers' Federation
(CTP) was reportedly the victim of an abduction attempt on 27 August 1992,
when armed men, allegedly linked to the security forces, tried to force him
into their car in Lima. Fears for his safety were expressed
(16 September 1992) .
473. On 28 September 1992, leaflets threatening with death more
than 40 journalists and employees of the University of Ayacucho were
reportedly distributed in Ayacucho. The threats were said to have been signed
by a paramilitary group called “Antiterrorist Movement of Ayacucho”. The
E/CN. 4/1993/46
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leaflet named the journalists Magno Sosa Rojas and Necias Taquiri Yanqui as
well as 17 others (names may be consulted in the files of the Secretariat)
(9 October 1992) .
474. The Special Rapporteur sent an urgent appeal after receiving information
about telephone death threats against another journalist in Ayacucho,
Edilberto Coronado Reyes of La RepiOElica , allegedly in connection with
articles about links of a high-ranking police official with drug trafficking
(12 November 1992) .
475. The Special Rapporteur also intervened with the Government of Peru after
he had received information according to which Avelino Vega, President of the
ronda campesina of Challhuayaco, had been arrested by agents of the Technical
Police on 17 February 1992, while he was travelling to Lima to denounce the
killing of five peasants earlier in the same month. Fears were expressed that
he might be at risk of extrajudicial, summary or arbitrary execution
(24 June 1992) .
476. The Special Rapporteur sent another urgent appeal to the Government of
Peru after receiving reports concerning the deaths of Rafael Ventosilla Rojas,
Alejandro Ventosilla Castillo, Paulino Ventosilla Castillo Rojas, Sim6n
Ventosilla Castillo, Ruben Ventosilla Castillo and Marino Ventosilla Rojas.
These six men had allegedly been arrested by members of the security forces on
27 April 1992 at Cejetuto Santa Maria, Huaura, released in May and then
rearrested by soldiers on 24 June 1992, their bodies having been found the
following day. Fears were expressed that four other persons who had been
arrested on 27 April 1992, together with the six who were killed in June,
might also be at risk of execution. Their names were reported as follows:
Aridr s Reyes Rojas, Gaudencio Tolentino, Walter Tolentino Romo and Alfonso
Ventosilla Pablo (21 August 1992) .
Other allegations
477. The Special Rapporteur transmitted to the Government of Peru information
he had received concerning the alleged extrajudicial, summary or arbitrary
killing of the following persons (31 August 1992) :
(a) Teofilo Avendaflo Chavez and 10 other persons (names may be
consulted in the files of the Secretariat) , on 22 June 1991, by members of the
ronda campesina acting under the command of a captain of the Peruvian Army at
Ariexo de Moya, Quinua. No investigation into the case was said to have been
opened;
(b) Carlos V squez Reinell and Salvador Carrasco G6mez, on
18 September 1991, in detention by members of the police at Tarapoto, San
Martin, allegedly as a consequence of torture;
(c) Ely Sifuentes, Abel Santa Maria, Rafael Ortiz Gonzalez, Susy de
Sifuentes and three unidentified persons, among them one person named “Willy”,
on 15 October 1991, by a Peruvian Army patrol at Pueblo Nuevo, Aucayacu,
Leoncio Prado, 1-luanuco;
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(d) Eight persons: Felix Garcia Mansilla, Agripina Cabrera Morote,
Gladys Garcia Cabrera (17) , Gregorio Garcia Cabrera (9), Beatriz Garcia
Cabrera (2) , Marcelino Garcia Conchali, Atilio G6mez Huarani (17) and
Zosimo Rodriguez Huamani, on 24 October 1991, when members of the Peruvian
military attacked the home of the Garcia family. Allegedly, no investigation
into the case has been opened;
(e) Luis Alberto Diaz Astovela and 13 others, among them a child of
nine years (names may be consulted in the files of the Secretariat) , on
3 November 1991, when a group of armed men, allegedly linked to the security
forces, opened fire on a group of people at a social gathering at Barrios
Altos, Lima;
(f) Maria Paucar, Raymunda Jara Munoz, Javier Montes Solorzano, Sara
Cautin Mallqui and (first name unknown) Rodriguez Paucar, on 23 January 1992,
during an attack by armed men, allegedly linked to the security forces, on the
home of Mr. Rodriguez Paucar, a well-known member of the political group
Socialist Affirmation Movement, at Seffior de los Milagros, Huaura.
(g) Jose Luis Mann Gonzalez, arrested on 18 January 1992 by soldiers
from the military base of Aucayacu, whose body was reportedly found without
head and hands on 27 January 1992. His parents, Lince Mann Panduro and
Emilia Gonzalez Guerrero, were allegedly threatened by the military not to
denounce the assassination of their son;
(h) JIItonio Baz n Rodriguez (14) and 13 other persons, among them
S more minors (names may be consulted in the files of the Secretariat) ,
on 10 March 1992, after Peruvian Army and Navy personnel had intercepted the
boat in which they were travelling to Bambi , Leoncio Prado, Huanuco, to
collect bananas. Following a day in detention, they were said to have been
executed by the soldiers;
(i) Samuel Triveffios Huaman, Rai l V squez Lozano and Juan Carlos L6pez
Loayza, all three leaders of the Political Alliance-United Left, on
17 March 1992, by members of paramilitary forces acting under the command of
Peruvian Army soldiers from Chaviffias, who reportedly killed them in public at
JIIexo Para, Chaviffias, Ayacucho, after questioning them about their political
activities. Three men, Agapito Triveffios Huaman, Alcides Triveffios Diaz and
Alfonso Triveffios Diaz, were reportedly detained and threatened with death
after having sought explanations about the death of the three politicians;
(j) Juan Hualla Choquehuanca, Francisco Atamari, Feliciano Turpo and
Roberto Quispe Mamani, on 20 May 1992, by members of the Peruvian military at
Ayaviri. Marks of torture allegedly found on their bodies are said to
contradict the official explanation that they had died in a shoot-out or
during an attempt to escape from detention;
(k) Ricardo Ruiz Salazar, arrested on 22 June 1992 by members of the
Peruvian military from a military base at San Jose de Sisa, Lama, San Martin,
and found dead on 24 June 1992 at the door of his sister's home, allegedly
bearing marks of torture.
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478. The Special Rapporteur also transmitted to the Government of Peru the
following allegations he had received (31 August 1992) :
(a) No investigation was said to have been opened into the case of
Bernab Balde6n Garcia, reportedly detained and tortured to death by soldiers
in Pacchahuallhua, Indendencia, on 25 September 1990;
(b) Rai l Antero Cazacuri Roca, arrested on 16 February 1991 by members
of the Peruvian Army at Tarma, Junin, was found dead on 9 April 1991,
allegedly presenting marks of torture;
(c) Teodoro Lorenzo Alvarado Castillo, arrested on 11 March 1991 by
members of the Peruvian Army at La Uni6n, Arequipa, was found dead on the next
day, allegedly presenting marks of torture;
(d) Javier Ccorimanya Rojas died on 27 May 1991 in a hospital at
JIIdahuaylas, allegedly as a consequence of a bullet wound inflicted upon him
by a soldier of the Peruvian Army;
(e) Luis Antonio Morales Ortega, journalist, was killed on 13 July 1991
in Ayacucho by armed men, allegedly in the presence of three policemen who did
not interfere. A witness to his killing, Celestina Huallanca Hinastroza, was
reportedly assassinated, together with her husband, Francisco Solier, and two
other persons, at her home in Ayacucho, on 18 July 1991 by members of a death
squad called “Anti-terrorist Liberation Command”;
(f) Isabel Lozano Rios, arrested on 15 October 1991 by members of the
Peruvian Army at Pueblo Nuevo, Leoncio Prado, and taken to the military base
“Tingo Maria” was found dead three days later, allegedly bearing marks of
torture;
(g) Felix Guti&rez Coras, Governor of the District of Quinua, was
reportedly subjected to death threats in January 1992 after denouncing
multiple murders committed by members of the Civil Defence Committee of
Quinua.
479. The following cases were brought to the attention of the Special
Rapporteur by the Working Group on Enforced or Involuntary Disappearances. In
the light of information concerning the localization of the bodies and the
identification of those presumed to be responsible for their killings, the
Working Group considered the cases as clarified. The Special Rapporteur
transmitted them to the Government of Peru, requesting information concerning
the results of the judicial proceedings initiated (31 August 1992) :
(a) Timoteo Pinco Tello and eight others, among them three minors
(names may be consulted in the files of the Secretariat) , were reportedly
killed on 22 September 1990 at Pongullo, San Pedro de Cachi. A Senate
Commission reportedly concluded that those responsible for their killing were
members of the Army and the Civil Defence Forces. Criminal proceedings were
said to have been opened;
E/cN. 4/1993/46
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(b) Ysenia Osnayo Hilario and 14 others, among them 2 minors (names may
be consulted in the files of the Secretariat) , were reportedly killed on
4 July 1991 at Santa Barbara, Huancavelica. Members of the 43rd Battalion of
Panapas were reportedly charged with murder and other offences before a
military court.
Communications received from the Government
480. The Government of Peru provided the Special Rapporteur with information
in reply to the following cases:
(a) Luz Roque Montesillo et al . : no formal complaints had been filed
against members of the military concerning human rights violations. The
allegations were probably aimed at drawing attention to the massacre at
Santa Barbara, on the presumption that the authors of this incident would not
be brought to justice. The attacks suffered by Ines Sinchitullo Barboza and
Cynthia Temys Quesada Roque were duly denounced; no participation of military
personnel could be proved. In addition, the authorities of Huancavelica had
questioned Luz Roque, Manuel C6rdova and Eduardo Rojas and reported to the
Ministerio PiOElico about their professional misconduct and support of Shining
Path (2 December 1992);
(b) Nancy Valcarcel de Sim6n: the competent authorities had not
received any complaint about death threats and were therefore unable to
provide any information (7 August 1992);
(c) Magno Sosa Rojas and Necias Taquiri Yanqui: the Ministry for
Internal Affairs informed the Special Rapporteur that both had signed
declarations according to which they were in a good state of health and were
exercising their journalistic activities (9 October 1992) ;
(d) Magno Sosa Rojas was arrested on 5 September 1992 at “Jorge Chavez”
airport in Lima, in conformity with three arrest warrants issued for his
suspected membership of an armed organization. Mr. Sosa Rojas remained in
detention at Castro Castro prison (28 October 1992) ;
(e) Killings of peasants in Chavin, Huari, JIIcash: Investigations
carried out by the Ministry of the Interior had revealed that the six police
agents involved had not used excessive force but had defended their police
post against 600 peasants, some of whom were armed with firearms and dynamite
(9 October 1992);
(f) Arturo Zapata Zarbajal: the Fiscal Adjunto Supremo en lo Penal,
had not received any complaint regarding the case. The Ministry of Defence
had stated that the date, circumstances and type of intervention excluded the
involvement of members of the military in charge of the area in which Arturo
Zapata Zarbajal resided (9 October 1992);
(g) Murder of 16 persons in Barrios Altos, Lima: the Provincial
Attorney had returned the case to the anti-terrorism directorate for further
investigations; no results had been forwarded so far (11 November 1992) ;
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(h) Bernab Balde6n Garcia: from 23 to 27 September 1990, the military
carried out a counter-insurgency operation at Pacchahualpa, Independencia,
Vilhascuantn, during which 30 persons were temporarily detained. Bernab
Balde6n Garcia died during detention due to a heart attack. The case had been
transmitted to the police for investigation (11 November 1992) ;
(i) Teofilo Avendano Chavez and others: on 15 May 1992, criminal
investigations were initiated against several members of the rondas campesinas
of Quinua (11 November 1992);
(j) Teodoro Lorenzo Alvarado Castillo: investigations into the case
have been opened by the Provincial Attorney's Office of La Uni6n. The
Secretary-General of the Ministry of Defence reported that military justice
procedures had been initiated against military personnel involved
(11 November 1992) ;
(k) Rai l Antero Cajacuri Roca: the Ministry of Defence reported that
investigations had revealed that Mr. Cajacuri Roca had not been arrested or
detained by the Army. On 9 September 1992, the Provincial Attorney of Tarma
decided to file the case since the authors of the killings could not be
identified (11 November 1992) ;
(1) Javier Ccorimanya Rojas: arrested on suspicion of terrorist
activities, he was shot when he tried to escape during his transfer to a
Commando Post in Abancay on 28 May 1991. He was then taken to the hospital in
Cusco, where he died on 6 June 1992. The Provincial Attorney's Office in
JIIdahuaylas reported that investigations against the military personnel
involved had been opened (11 November 1992);
(m) Samuel Triveffios Huam n and others: investigations have been
initiated by the Provincial Attorney's Office in Lucanas (11 November 1992) ;
(n) Juan Hualla Choquehuanca and others: two officials of the Peruvian
Army were charged with murder on 22 July 1991 (11 November 1992);
(o) Maria Paucar de Rodriguez and others: investigations opened by the
Provincial Attorney's Office in Huaura on 6 March 1992 were hindered by lack
of collaboration by possible witnesses, who were terrified. Those responsible
for the killings could not be identified. Nevertheless, investigations
continued (11 November 1992) ;
(p) Carlos V squez Reinell and Salvador Carrasco G6mez: criminal
procedures were initiated against three police officers (11 November 1992) ;
(q) Abel Santamaria and Rafael Ortiz GonIIlez: the case was returned
to the Provincial Command of the National Police in Leoncio Prado for further
investigations to identify those responsible for the killings
(11 November 1992) ;
(r) The massacre at Santa Barbara: charges of genocide had been filed
against several members of the Peruvian Army (11 November 1992) ;
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(s) Timoteo Pinco Tello and others: criminal procedures against an
army sergeant were under way (11 November 1992) ;
(t) Felix Guti&rez Coras: the Fiscal Superior Decano of Ayacucho and
the Political and Military Chiefs at the Sub-Prefecture at Huamanga were
requested on 1 April 1992 to provide the pertinent guarantees for the safety
of Mr. Guti&rez Coras (11 November 1992) .
481. The Government of Peru also informed the Special Rapporteur that
information had been requested from the competent authorities with regard to
the following cases: Jose Luis Mann Gonzalez and his parents, Antonio Baz n
Rodriguez et al. , Luis Antonio Morales Ortega, Feliz Garcia Mansilla et al. ,
Ricardo Salazar Ruiz, Isabel Lozano Rios and Eli Sifuentes, Agapito Triveffios
et al . (11 November 1992).
482. In renewal of an invitation extended to the former Special Rapporteur
in 1990, the Government of Peru invited the Special Rapporteur to visit the
country at a date to be fixed, after the elections scheduled for
23 November 1992.
483. Pursuant to Commission on Human Rights resolution 1992/42, the Government
of Peru submitted a large number of notes verbales concerning acts of
violence, including massacres and bomb attacks leading to many deaths of
civilians and security forces personnel, committed by armed insurrectionist
groups, particularly Shining Path and MRTA, throughout 1992 (see above,
paras. 460-463) .
Observations
484. The Special Rapporteur appreciates the willingness shown by the
Government of Peru by providing him with information in reply to a large
number of the allegations transmitted. He remains concerned, however, at the
persistent reports of widespread violations of the right to life in the
country. Consequently, the Special Rapporteur very much welcomes the decision
of the Government of Peru to renew the invitation to visit the country that
was extended to his predecessor some time ago after the elections to the
Democratic Constituent Congress on 23 November 1992. After consultations with
the Government, the date for the visit has been set for May or June 1992.
Follow-up on allegations transmitted in 1991
485. The Special Rapporteur sent a letter to the Government of Peru following
up on allegations of extrajudicial, summary or arbitrary executions that had
been transmitted to that country in 1991 (see E/cN.4/1992/30, paras. 420-448) .
486. The Government of Peru had provided the Special Rapporteur with
information concerning judicial investigations into the killing of 14 persons
in the community of Santa Barbara. The Special Rapporteur requested the
authorities to supply information also with regard to the remaining cases, for
which no reply had been received.
E/CN. 4/1993/46
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487. In reply to this follow-up letter, the Government of Peru informed the
Special Rapporteur that the Provincial Attorney of Yauyos had been requested
to coordinate personal protection for Egidio Ore Mallco et al . (see
E/CN.4/1992/30, para. 429) and to forward information about the investigations
into the case. With regard to the purported death threats against
Jose Arnaldo Salom Adauto (see E/CN.4/1992/30, para. 424), a thorough
investigation carried out by the armed forces had established that the
allegations concerning his detention and subsequent escape were false.
Philippines
488. The reports and allegations received by the Special Rapporteur indicate
that human rights violations, including extrajudicial, summary or arbitrary
executions, continue to occur throughout the Philippines.
489. Most of the abuses are said to take place in the context of the ongoing
violent political conflict between the Government and armed opposition groups,
in particular the New People's Army (NPA) , the armed wing of the Communist
Party of the Philippines (CPP) engaged in guerrilla warfare. Despite
initiatives by the Government directed at peace and unification (e.g. an
amnesty for rebels who surrender and hand in their weapons, the repeal of
statutes outlawing CPP and the institution of a National Unification
Committee), which led to a joint declaration, on 1 September 1992, by the
Government and the National Democratic Front, an umbrella organization
of 13 underground organizations including the CPP and the NPA, to commence
“formal peace negotiations”, violations of the right to life continue to be
reported.
490. Acts of violence, including killings, are said to be perpetrated by
liquidation squads of NPA known as “sparrow units”, military rebel forces and
Muslim separatist forces such as the Moro National Liberation Front (MNLF) and
the Moro Islamic Liberation Front (MILF). On the other hand, the Government
is said to continue its counter-insurgency policy of “total war”: the
Philippine Army, the Philippine National Police, the Citizens Armed Force
Geographical Unit (CAFGU), a militia deployed by the military in
counter-insurgency operations, and civilian volunteer organizations
(“vigilantes”) are said to be responsible for extrajudicial, summary or
arbitrary executions and death threats.
491. It was reported to the Special Rapporteur that in regions with increased
military presence, local residents were put under pressure, often through
death threats, to join the CAFGU. Those repeatedly reported to be the victims
of executions or death threats include farmers, community leaders, trade
unionists, members of human rights and other civilian organizations and people
linked with the Church. Allegedly, they are frequently accused of membership
of or support for NPA. Once labelled as Communist supporters, they are said
to be at high risk of human rights abuses, including execution.
Communications sent by the Special Rapporteur
492. The Special Rapporteur transmitted to the Government of the
Philippines 13 cases of alleged extrajudicial, summary or arbitrary
E/cN. 4/1993/46
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executions, or death threats. Seven cases allegedly constituted violations of
the right to freedom of opinion and expression, religion and peaceful assembly
and association. By sending three urgent appeals, the Special Rapporteur
intervened on behalf of three persons. Allegations concerning 10 others were
sent in a separate letter. The Government provided information in reply to S
cases.
Urgent appeals
493. Marcelo Fakilang, a community leader and human rights advocate, was
reportedly attacked twice at his house in Sadanga, Mountain Province, by a
group of soldiers of the 68th Infantry Battalion, accompanied by members of
the CAFGU, in late January 1992. Allegedly, this was in connection with his
political activities and outspoken criticism of human rights abuses by the
military (24 June 1992) .
494. Clovis Nazareno, a poet and journalist and co-founder of a local farmer's
group, reportedly received death threats on repeated occasions and suffered an
attempt on his life on 10 May 1992, allegedly carried out by members of the
military. Clovis Nazareno's newspaper columns had frequently criticized
government policies. It was alleged that he had sought, but was not granted,
military protection (25 June 1992) .
495. Eduardo Faelnar, a messenger for the Free Legal Assistance Group (FLAG),
a network of human rights lawyers, was reportedly told that the local Military
Intelligence Command (MICO) at Cagayan de Oro City would “eliminate” him if he
did not cooperate with them. Since mid-November 1992 he was said to have been
followed by members of MICO (4 December 1992) .
Other allegations
496. The Special Rapporteur transmitted to the Government of the Philippines
allegations according to which the following 10 persons had been killed by
Philippine security forces:
(a) Efren Gamboa, a member of the Lotus Workers General Union, on
22 February 1992 at Kamaya, Maniveles, Bataan, by unidentified armed men
allegedly linked to the military;
(b) Jerry Sabal, on 5 February 1992, at Barangay Langngagan,
Sanchez-Mira, by members of the 50th Infantry Battalion of the Philippine
Army. Allegedly, no investigation into his death has been carried out;
(c) Demetria Pedrano and her mother, Basilia Pedrano, both active
church workers, on 15 February 1992 in the parish of San Miguel, Zamboanga, by
members of a group called “Sagrado Coraz6n Senior” (SCS) which reportedly
cooperates with the military in counter-insurgency operations;
(d) Artemio Reconalla, on 21 June 1992 by members of the CAFGU,
reportedly after having received death threats by the CAFGU and the SCS, who
suspected him of being a sympathizer of NPA;
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(e) Mariano Cuenca, an active supporter of the National Federation of
Sugar Workers, on 1 April 1992 at Hacienda Union, Barangay Camagao, by armed
men believed to be members of CAFGU. Reportedly, he had been accused by the
military and CAFGU of being a former NPA member;
(f) Wilson Alquiosola, on 1 February 1992 at Sitio Catiyo, Barangay
Oaliling, by members of CAFGU acting under the command of the 7th Infantry
Battalion of the Philippine Army;
(g) Juanito Salvador, a church activist, on 11 March 1992 at Sibul
Spring, Sitio Hacienda, Barangay Gabon, by combined forces of the Philippine
Army and the Philippine National Police, who reportedly accused him of being a
top-ranking official of the Southern Region Bataan NPA. Juanito Salvador was
said to have denied this accusation;
(h) Alf redo Conol “Dodong” and Alejandro Savilla “Loloy”, both working
for the Agro-Aquatic Services Association Inc., on 30 April 1992 at Agusan del
Norte, by soldiers from military units which were said to be operating
independently from local commands.
Communications received from the Government
497. The Government of the Philippines provided the Special Rapporteur with
information supplied by the Philippine Commission on Human Rights (CHR) in
reply to the following cases:
(a) Marcelo Fakilang: a fact-finding team dispatched to Sadanga,
Mountain Province, on 9 May 1992 established that Marcelo Fakilang was the
chairman of the Mountain Province chapter of the Cordillera People's Alliance,
an organization branded by the military as a Communist front. He himself was
suspected of being an NPA member. Marcelo Fakilang reported several incidents
in which he had been subjected to death threats and harassment. At the time
of the reply, CHR was in the process of gathering and consolidating evidence
preparatory to the filing of a criminal complaint against an army sergeant
named by Marcelo Fakilang and others who might later be identified
(18 August 1992);
(b) Efren Gamboa: investigations conducted by the CHR regional office
at San Fernando, Pampanga, disclosed that Efren Gamboa was killed on
22 February 1992 by unidentified gunmen at the New Public Market,
San Carlos St., Mariveles, Bataan. Police and the Office of the Provincial
Prosecutor revealed that he was implicated in an alleged conspiracy to burn
the New Public Market (8 September 1992, information as of 30 April 1992);
(c) Jerry Sabal: his body, already in an advanced state of
decomposition, was discovered at Barangay Langanan, Sanchez Mira, on
3 February 1992 and positively identified by his wife. Efforts to find
witnesses to shed light on what had happened to him proved futile. The case
was temporarily filed until new evidence and witnesses might lead to the
solution of this case (8 September 1992, information as of 2 July 1992) ;
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(d) Alfredo Conol and Alejandro Savilla: the CHR regional office based
in Cagayan de Oro City investigated the case. Police also inquired into their
deaths, suggesting that the two men had been abducted somewhere along
Buenavista highway where no houses are located. A human rights organization
in Butuan City informed CHR that Conol's death might have been related to a
land dispute. As of 31 August 1992, police had not identified any suspects,
since no witness had come forward to identify those responsible. So far,
there was no indication that members of the security forces were involved in
the killing, nor for its political or ideological motivation
(29 October 1992) .
498. Pursuant to Commission on Human Rights resolution 1992/42, the Government
of the Philippines supplied information concerning acts of violence, including
killings of civilians and members of the security forces as well as
paramilitary forces cooperating with them, committed by the CPP/NPA and Muslim
secessionist movements. For the first semester of 1992, rebel atrocities
resulted in the death of 274 persons (see above, paras. 489-490) .
Follow-up on allegations transmitted in 1991
499. The Special Rapporteur sent a letter to the Government of the Philippines
following up on allegations of extrajudicial, summary or arbitrary executions
that had been transmitted to that country in 1991 (see E/cN.4/1992/30,
paras. 420-460) .
500. The Government of the Philippines had replied to two of these cases, in
which CHR had conducted inquiries. The Special Rapporteur asked the
authorities to also provide information concerning the remaining allegations,
for which no reply had been received.
Observations
501. The Special Rapporteur has decided to transmit the replies forwarded by
the Government of the Philippines to the sources of the allegations for
comments and observations, especially with regard to the instances in which he
was informed that CHR had filed the cases for lack of testimony provided by
witnesses. A full assessment of these cases will be presented to the
Commission on Human Rights at its fiftieth session.
Rwanda
502. The reports and allegations that have come before the Special Rapporteur
relate to extrajudicial, summary or arbitrary executions of unarmed civilians
by the Rwandese security forces in connection with the armed conflict between
government security forces and the Rwandese Patriotic Front (FPR) . The
Special Rapporteur also received information concerning killings of members of
the Tutsi minority, in particular the Bagogwe clan, allegedly perpetrated with
direct or indirect involvement of the security forces.
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Communications sent by the Special Rapporteur
503. The Special Rapporteur transmitted to the Government of Rwanda
information he had received concerning alleged violations of the right to life
of at least 172 persons. In one case, the victim was said to be a minor. The
Special Rapporteur intervened on behalf of one person by sending an urgent
appeal. All other allegations were transmitted in a separate letter. The
Government provided information of a general nature.
Urgent appeals
504. The Special Rapporteur sent an urgent appeal to the Government of Rwanda
after receiving reports about death threats and acts of harassment against
Fid le Kanyabugoyi, Director at the Ministry of Public Works and member of a
human rights group known as Kanyarwanda, in late August 1992. On the evening
of 29 August 1992, a few days after he had been summoned by the Procurator
General for the Court of Cassation to give explanations about his inquiries
into mass killings of members of the Bagogwe clan in early 1991, in particular
his findings that a local government official was involved in the killings,
Fid le Kanyabugoyi's house was reportedly attacked by nine armed men. In the
light of earlier acts of harassment because of his human rights activities,
fears were expressed that Mr. Kanyabugoyi's life was in danger
(25 September 1992) .
Other allegations
505. The Special Rapporteur transmitted to the Government of Rwanda the
following allegations of violations of the right to life (31 August 1992) :
(a) Jean Munyakazi and Apollinaire Niyonzima were reportedly arrested
and later executed in early 1991 by members of the National Gendarmerie from
Kanombe military camp, allegedly in connection with an attack by FPR in
Northern Rwanda. No investigation into their executions was said to have been
conducted;
(b) Musafiri Muhangi, a member of FPR, in early 1991, allegedly after
being held in Kigali military barracks, where he was said to have been
subjected to torture. No investigation was said to have been conducted;
(c) JIItonia Locatelli, an Italian missionary, was reportedly shot dead
on 9 March 1992 by a member of the Rwandese security forces at Nyamata parish
church, allegedly for trying to assist a large number of Tutsi fleeing from
violent attacks by members of the 1-lutu majority in Kazenze, Bugesera. No
judicial or disciplinary action was said to have been taken against the
soldier responsible for her killing;
(d) At least 150 members of the Tutsi minority were reportedly killed
during attacks by Hutu gangs in Kazenze, Bugesera, in March 1992. No
inquiries were said to have been opened by the authorities;
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(e) Michel Karambizi, a Hutu businessman, his wife and his 10-year old
child were reportedly killed on 4 October 1990 at their home near Kigali by
members of the Rwandese security forces, allegedly for Mr. Karambizi's
brother's suspected support of FPR;
(f) Phocas Nkinzingabo and 13 other unarmed Tutsi civilians from
Kibuye, Kanama, were reportedly executed on 4 February 1991 by soldiers at
Gisenyi military barracks, allegedly in retaliation for an FPR attack on the
town of Ruhengeri on 23 January 1991.
Communications received from the Government
506. The Government of Rwanda provided the Special Rapporteur with detailed
tables of human and material damage resulting from the armed conflict between
government forces and FPR since October 1990 (30 March 1992) . In addition,
the Government provided the Special Rapporteur with a copy of the cease-fire
agreement between the Government of Rwanda and FPR, as amended at Gbadolite,
Zaire, on 16 September 1991 and at Arusha, United Republic of Tanzania, on
12 July 1992 (20 July 1992) .
507. The Government of Rwanda also stated that on 25 March 1992 the “FPR-
Inkotanyi” bombarded the camp of Rwebare in the community of Muvumba (Byumba),
where 7,000 civilians displaced by the war were accommodated. At least eight
of them were killed and many wounded (31 March 1992).
Follow-up on allegations sent in 1991
508. The Special Rapporteur sent a letter to the Government of Rwanda
following up on allegations of extrajudicial, summary or arbitrary executions
that had been transmitted to that country in 1991.
509. The Government of Rwanda had replied to some of these cases. The Special
Rapporteur requested to be provided with information also with regard to the
remaining allegations, for which no reply had been received so far (see
E/CN.4/1992/30, paras. 461-466).
Saudi Arabia
Communications sent by the Special Rapporteur
510. The Special Rapporteur sent an urgent appeal to the Government of
Saudi Arabia after he had received information according to which on
3 September 1992, Sadeq Mal-Allah, a Shi'a, was beheaded in the eastern town
of Al-Qarif. Reportedly, he had been sentenced to death at the age of 17 for
slandering God, His Prophet and the Holy Qu'ran. Allegedly, during his trial,
which was held in camera , he had not been allowed to have a lawyer. It was
also alleged that Sadeq Mal-Allah was sentenced to death although he had
recanted his statements. The Special Rapporteur was informed that two other
Shi'as, Abdel Halek Abd-al-Galik al-Janabi (26) and Turki al-Turki (31) were
arrested in January 1992 on similar charges and it was feared that they, too,
might face execution soon (23 October 1992) .
E/CN. 4/1993/46
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Communications received from the Government
511. By the time of the preparation of the present report, no communications
have been received from the Government of Saudi Arabia.
Senegal
Follow-up on allegations sent in 1991
512. The Special Rapporteur sent a letter to the Government of Senegal
following up on allegations of extrajudicial, summary or arbitrary executions
that had been transmitted to that country in 1991 (see E/cN.4/1992/30,
paras. 469-471) .
513. The Government of Senegal provided the Special Rapporteur with replies on
all the cases that had been brought to its attention. However, on several
points the results of investigations into the matter by the Ministry for
Foreign Affairs and the Ministry of Justice did not seem to coincide. The
Special Rapporteur asked the Government of Senegal to provide him with
additional information to clarify these cases. The Government informed him
that the matter had been transmitted to the competent authorities. Without
prejudice to their replies, it stated that the judicial investigation opened
into one of the cases in question should fall under amnesty law No. 91-40 of
10 July 1991. That law did not aim at covering up for authors of human rights
violations but had been adopted within the global social consensus to restore
peace in the region of Casamance (27 November 1992) .
Somalia
514. Detailed reports about the human rights situation in Somalia, including
allegations of extrajudicial, summary or arbitrary executions, were received
only after the final date for the consideration of information brought to the
attention of the Special Rapporteur. A full assessment of these reports will
be presented to the Commission on Human Rights at its fiftieth session.
South Africa
515. The reports and allegations that have come before the Special Rapporteur
indicate that extrajudicial, summary or arbitrary executions continue to occur
in the context of political violence in South Africa.
516. According to figures released by the Human Rights Commission of
South Africa, 3,110 people lost their lives as victims of political violence
between January and November 1992: 164 of these killings were attributed to
members of the security forces, and 2,278 people were said to have been killed
by “vigilantes”, private armed groups defending their own vested interests in
the perseverance of apartheid structures.
517. As in former years, the Special Rapporteur has received reports of
massacres in black townships and squatter settlements. The recurrent pattern
of such incidents was described as attacks by supporters of the Inkatha
Freedom Party (IFP) acting with the active cooperation or at least the passive
E/cN. 4/1993/46
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support of members of the security forces, in particular the KwaZulu Police
Force, the South African Police (SAP) and the South African Defence Force
(SADF) . During these attacks, residents of townships and settlements were
reportedly attacked and killed at random.
518. Also in the context of political violence, the Special Rapporteur has
received allegations according to which leading members of the African
National Congress (ANC) and trade unions, in particular the National Union of
Metal Workers of South Africa (NUMSA), had been victims of death threats and
attempts against their lives.
519. The Special Rapporteur also continued to receive reports about deaths in
police custody due to torture and ill-treatment, particularly in police
stations in the Transvaal. It was alleged that none of the police officers
involved was suspended from duty.
520. With regard to capital punishment, it has been reported to the Special
Rapporteur that a moratorium on the execution of death penalties was first
announced in the South African Parliament in February 1990.
Communications sent by the Special Rapporteur
521. The Special Rapporteur transmitted to the Government of South Africa
information concerning the alleged violation of the right to life of at least
138 persons. Of these cases, 42 allegedly constituted violations of the right
to freedom of expression and opinion, religion and peaceful assembly and
association. By sending S urgent appeals, the Government intervened on behalf
of 102 persons. Allegations of violations of the right to life of 36 others
were sent in a separate letter.
Urgent appeals
522. The Special Rapporteur intervened on behalf of Willies Mchunu,
Enoch Nzuza, Mike Mabuyakhulu and Samuel Nyawo, all members of ANC and
activists of NUMSA, who had reportedly received death threats and suffered
attempts against their lives. The attacks against them were said to have
taken place in the context of a raid on Esikhawini township by hundreds of
alleged IFP supporters, who were allegedly escorted by members of the KwaZulu
Police Force and joined by members of SAP and SADF, on 16 February 1992, and
subsequently on various occasions throughout the month of February 1992.
523. By the same urgent appeal, the Special Rapporteur transmitted to the
Government of South Africa allegations he had received concerning the death of
21 people during an attack by armed IFP supporters from the KwaMadala hostel
in Boipatong township and the nearby Slovo informal settlement, on the night
of 17 to 18 June 1992. Although warned on the morning of 17 June 1992, the
police reportedly did not try to stop the incident from happening but brought
in the attackers with police vehicles ( casspirs ) (26 June 1992) .
524. The Special Rapporteur sent another urgent appeal to the Government of
South Africa after he had received reports according to which 32 people had
been assassinated in Esikhawini township, Natal, during the month of
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August 1992. The killings were said to have been carried out by hit squads
linked to the KwaZulu Police Force. The following persons were reported to
the Special Rapporteur as being among those killed on 26 August 1992:
Dumisani Shandu, Victor Khumalo, Thembe Shandu, N Mathenjwa, Josiah Nxumalo
and Phila Mthiyane, all six members of ANC, as well as ANC member and NUMSA
shop steward Samuel Nyawo, who had already suffered attempts against his life.
In the context of attacks on Esikhawini township, Bheki Ntuli, Northern Natal
regional chairman of the Congress of South African Trade Unions (COSATU) , and
Enoch Nzuza, a member of ANC and regional organizer of NUMSA, reportedly
escaped assassination attempts (21 September 1992) .
525. The Special Rapporteur sent a third urgent appeal to the Government of
South Africa after it was reported to him that Billy Thembinkosi and 27 other
unarmed demonstrators (names may be consulted in the files of the Secretariat)
had been killed on 7 September 1992 during an ANC march on the so-called
“homeland” of Ciskei by soldiers of the Ciskei Defence Force who were said to
have used automatic weapons, tear-gas and stun grenades against them. It was
alleged that the Ciskei Defence Force had closed institutional links with
branches of SADF. Its present commander-in-chief was said to be an officer
seconded from SADF's Directorate of Military Intelligence. It was also
reported that members of SAP who had accompanied the marchers on
7 September 1992 had withdrawn without protecting them (24 September 1992) .
526. The Special Rapporteur also intervened with the authorities of
South Africa after receiving information according to which Siza Rani,
chairman of the Sharpeville township branch of ANC, was the target of
systematic harassment by members of SAP based in the Vaal Triangle area. On
several occasions between December 1991 and October 1992, police officers of
the Internal Stability Unit (ISU) and other units based in Sharpeville were
said to have forcibly entered Siza Rani's home and questioned his neighbours
about his whereabouts. On 11 January 1992, the house was reportedly attacked
with a hand-grenade. Fears were expressed for the lives of Siza Rani and his
family, who were said to have been forced into hiding (3 November 1992) .
527. Vusi Tshabalala, assistant secretary of the Thokoza Civic Association,
and 17 other political activists and residents of Thokoza township were
reportedly killed during the month of October 1992 by gunmen, allegedly acting
on instructions from members of the police and operating with impunity. Fears
were expressed for the life of Louis Sibeko, General Secretary of the Thokoza
Civic Association, who was said to have been a target of harassment and
surveillance for more than a year, allegedly for his human rights activities
and his involvement in local peace efforts. These were said to have included
providing evidence to the Commission of Inquiry regarding the Prevention of
Public Violence and Intimidation (Goldstone Commission) in relation with
incidents of political violence in Thokoza and other East Rand townships
(13 November 1992) .
Other allegations
528. The Special Rapporteur transmitted to the Government of South Africa two
more cases of killings in the context of massacres in black settlements
(31 August 1992) :
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(a) Eighteen persons reportedly died on 3 December 1991 during a series
of attacks by IFP supporters on Bruntville township, Natal. During the
attacks, police and military vehicles were said to have been seen in the
vicinity. Members of the security forces allegedly fired tear-gas at the
embattled residents;
(b) Sixteen persons reportedly died on 13 February 1992 during an
attack by more than 200 KwaZulu policemen, together with IFP supporters, on
Uganda Squatter Camp at Umlazi, Natal. Members of SAP who were in the area
allegedly did not interfere.
529. The Special Rapporteur also transmitted to the Government of South Africa
two cases concerning death in police detention after torture and
ill-treatment:
(a) David Mokgalaka reportedly died in the custody of SAP at Louis
Trichardt police station, Louis Trichardt, Transvaal, on 1 November 1991,
allegedly after having been subjected to torture. Reportedly, no charges have
been brought against the policemen concerned and none has been suspended from
duty pending an investigation;
(b) Solly Maele Mogashoa reportedly died on 14 October 1991 after he
had been arrested by members of the Lebowa “Homeland” Police and taken to
Namakgale police station at Phalaborwa, Transvaal, where he was allegedly
subjected to severe beating. Reportedly, judicial proceedings against two
police officers were started, but allegedly neither of them was suspended from
duty.
Communications received from the Government
530. At the time of the preparation of the present report, no communications
had been received from the Government of South Africa.
Follow-up on allegations sent in 1991
531. The Special Rapporteur sent a letter to the Government of South Africa
following up on allegations of extrajudicial, summary or arbitrary executions
transmitted to that country in 1991, for which no reply had been received (see
E/CN.4/1992/30, paras. 472-490).
Sri Lanka
532. The reports and allegations that have come before the Special Rapporteur
indicate that human rights violations, including extrajudicial, summary or
arbitrary executions, continue to occur against the background of an ongoing
armed conflict in the north-east of Sri Lanka.
533. The armed conflict between the security forces and the Liberation Tigers
of Tamil Eelam (LTTE) reportedly continues throughout the northeast of
Sri Lanka. The army, the police and the Tamil Eelam Liberation Organization
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(TELO) , an armed group cooperating with the military, as well as LTTE are said
to be responsible for a large number of civilian deaths, either in the context
of armed clashes or in reprisal killings.
534. The Special Rapporteur also received reports concerning death threats and
acts of harassment against lawyers appearing on behalf of victims of human
rights violations or taking up the defence of political prisoners as well as
victims and witnesses who have testified against the security forces during
inquiries into human rights violations or who have initiated other legal
remedies.
Communications sent by the Special Rapporteur :
535. The Special Rapporteur transmitted to the Government of Sri Lanka
allegations he had received according to which 101 persons had suffered
violations of their right to life. In 24 cases, the victims were said to be
minors. By sending two urgent appeals, the Special Rapporteur intervened on
behalf of four persons. All other allegations were sent in a separate letter.
The Government replied to most of these cases.
Urgent appeals
536. W.C. Neal Rajapakse and W. Charles, the brother and father of a young
woman allegedly raped and extrajudicially executed by police officers in
September 1990, were reportedly subjected to continuous threats and acts of
intimidation by members of the Anuradhapura police between February and
April 1992, allegedly with the aim of deterring them from appearing before the
court to testify against the police officers concerned (25 June 1992) .
537. The organization Lawyers for Human Rights and Development (LHRD) was
subjected to continuous threats, allegedly by members of the security forces,
in June and July 1992. Gunmen allegedly came to the offices of the
organization on repeated occasions and asked for the whereabouts of the
General Secretary, Kalyananda Tiranagama, and a legal officer called
Mohen Seneviratne. Threats were also said to have been made to the
organization's printers, who were told to stop producing the newsletters
“People's Rights” and “Vinishchaya”. LHRD is reportedly engaged in legal
advice and assistance to victims of human rights violations and in literacy
programmes for the people (20 July 1992) .
Other allegations
538. Eight civilians, members of a family - Thambimuttuh Suppiah,
P. Karunayamma, Vadivel, Kopalan Suppiah, and the children Saroja Suppiah,
Sasikala Suppiah, Rajanayakam Suppiah and Neela Suppiah - were reportedly
killed by a group of army personnel accompanied by members of TELO on
14 April 1992 in their house at Mandur, Batticaloa. The killings were said to
have been reprisals for the murder, earlier that day, of two TELO members by
members of LTTE who had been lying in ambush near the house of the Suppiah
family (31 August 1992) .
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539. Eighty-nine Tamil villagers, including 20 minors, were reportedly killed
on 29 April 1992 by a group composed of policemen and so-called Muslim Home
Guards in the villages of Muthugal and Karapola, Polonnaruwa, allegedly in
reprisal for a massacre, some hours earlier, of 54 Muslim villagers by members
of LTTE. Most of the victims were said to have been shot or hacked to death
in their village. Six persons were reportedly captured by Home Guards in the
surrounding countryside, and one person was said to have been taken into
police custody. Their bodies were found in an irrigation ditch on the
following day. A special investigation into the case is reported to have been
opened, but no disciplinary or judicial procedures were said to have been
opened against those responsible, nor did the families of the victims receive
any compensation. The names of 82 of the villagers are contained in lists
which may be consulted in the files of the Secretariat (31 August 1992) .
Communications received from the Government
540. In reply to the allegations transmitted in 1992, the Government of
Sri Lanka provided the Special Rapporteur with the following information:
541. Concerning alleged acts of intimidation and threats against
W.C. Nimal Rajapakse and W. Charles, it was stated that State counsel
conducting the prosecution in the case of the abduction, rape and murder of
W. Chandrawathie had informed the court that a witness had complained of
threats by unknown persons. The Criminal Investigation Department (CID) was
investigating the complaint. The CID had also conducted investigations into
the alleged threats against W.C. Nimal Rajapakse which revealed that he had
been stopped for questioning after he had taken photographs of the suspects in
the case of W. Chandrawathie within the court precincts and could not prove
that he was a journalist. A knife with a blade of unauthorized length had
been recovered from his possession, whereupon he was taken into custody.
Investigations by officers of the Anti-Subversive Unit established that
W.C. Nimal Rajapakse was not connected with subversive activities. He was
charged with being in possession of a knife of unauthorized length and pleaded
guilty. W.C. Nimal Rajapakse was not a witness in the case of
W. Chandrawathie. Investigations into the alleged threats to W. Charles, the
father of W. Chandrawathie, were under way to establish the veracity of the
complaint and, if it was justified, to identify the culprit (10 August 1992) .
542. In response to death threats received by the LHRD (see above, para. 537),
a police guard was placed at the LHRD office. Investigations were initiated.
Since then, no more complaints had been received from the organization
(21 August 1992). This information was corroborated by a member of LHRD who
visited the Centre for Human Rights in October 1992.
543. Concerning the alleged massacre on 29 April 1992 of 89 Tamil villagers
(see above, para. 538), it was stated that the attacks had been carried out by
Muslim villagers from a nearby village, in retaliation for an earlier attack
by LTTE terrorists which had cost the lives of 56 people. This was part of
the “ethnic cleansing” strategy used by LTTE to drive Muslim and Sinhalese
villagers out of the territory they claimed as their homeland. In the
reprisal attack on Muthugal and Karapola, 74 Tamil villagers were killed and
44 others wounded. The Ministry of Defence of Sri Lanka appointed a committee
E/CN. 4/1993/46
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chaired by a retired judge of the Supreme Court to inquire into the two
attacks, with a view to ascertaining who was responsible and establishing
whether there was any lapse on the part of the security personnel, and to
recommend measures to prevent the recurrence of incidents of this nature
(13 November 1992) .
544. Pursuant to Commission on Human Rights resolution 1992/42, the Government
of Sri Lanka supplied information about several massacres and bomb attacks
against the civilian population carried out by the LTTE in the Eastern
Province, in particular in border villages. Most of the victims were Muslim
villagers.
Sudan
545. The Special Rapporteur has received a number of reports and allegations
concerning extrajudicial, summary or arbitrary executions in the Sudan.
546. Various sources drew the Special Rapporteur's attention to the situation
in the south of the country, in particular in the city of Juba. Following an
intensification in the battle between government forces and the Sudan People's
Liberation Army (SPLA) in May 1992, government forces were allegedly
responsible for numerous extrajudicial killings of detainees during the months
of June, July and August 1992.
547. The Special Rapporteur has also received allegations concerning
extrajudicial executions by the Sudanese Army of members of the Nuba ethnic
group in the Nuba Mountains of South Kordofan.
548. Furthermore, it has been reported to the Special Rapporteur that a number
of death sentences were imposed by military tribunals. Allegedly, not all the
internationally recognized safeguards for a fair trial were ensured in the
procedures before such tribunals.
Communications sent by the Special Rapporteur
549. The Special Rapporteur transmitted to the Government of the Sudan
information he had received concerning the alleged violation of the right to
life of at least 371 persons. One case was sent to the Government in a
letter, all others were transmitted by three urgent appeals.
Urgent appeals
550. A group of 35 persons, all from the Nuba ethnic group, were allegedly
detained without charge or trial in Lagowa garrison in western Sudan by the
Sudanese army. They had been arrested in Lagowa, a small town in the Nuba
Mountains, in November 1991 on suspicion of being linked to SPLA. After
reports had been received that 19 of those arrested had subsequently been
extrajudicially executed, fears were expressed for the lives of remaining
nine persons, Mohamed Bakhit Daldum, Suleiman Fargallah Murfaieen, Ardeib
Murfaieen, Gumma al-Theimir, Dafallah Tiya Jeilani, al-Haj al-Nur,
Hakim Hamdeen, Haja Karshoum and Kalthum Daldum (27 February 1992) .
E/cN. 4/1993/46
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551. The Special Rapporteur also intervened on behalf of more than 200 people
who were reportedly arrested between June and August 1992 in Juba. Two of
them, JIIdrew Torte and Aboudwan Talle, both Juba-based employees of the
United States Agency for International Development, were reportedly executed
in early September 1992. Andrew Tombe had allegedly been sentenced to death
in a secret military trial. Fears were expressed for the lives of the
remaining prisoners (including David Torte and 24 others whose names may be
consulted in the files of the Secretariat) (9 October 1992) .
552. At least 135 civil servants, politicians and community leaders from the
Upper Nile State, most of them from the Nuer ethnic group, were reportedly
arrested in Malakal in late October 1992. Jacob Duong Wuon and Jimma Bileu
Kung were said to be held by the Military Intelligence, while David Koak Goak
and at least 17 others (names may be consulted in the files of the
Secretariat) were detained incommunicado by State Security. In the light of
earlier reports about executions of prisoners in Sudan, fears for their safety
were expressed (8 December 1992) .
Other allegations
553. The Special Rapporteur transmitted another case to the Government of
the Sudan. This concerned the death in detention of Abdel Moniem Salman, a
member of the Sudanese teachers' union, who reportedly died in Kobar prison
on 21 January 1991, allegedly after having been released from a military
hospital and returned to Kobar prison in spite of his deteriorating state of
health. Requests for rehospitalization were said to have been ignored.
Reportedly, he died from a heart attack without receiving medical attention
(31 August 1992) .
Communications received from the Government
554. At the time of the preparation of the present report, no communications
had been received from the Government of the Sudan.
Follow-up on allegations sent in 1991
555. The Special Rapporteur sent a letter to the Government of the Sudan
following up on allegations of extrajudicial, summary or arbitrary executions
that had been transmitted to that country in 1991.
556. The Government of the Sudan had replied to some of these cases, stating
that judicial investigations were under way. The Special Rapporteur requested
the authorities to provide him with updated information about these
procedures, in particular with regard to decisions taken and measures adopted
as a consequence thereof. The Special Rapporteur also requested the
Government of the Sudan to supply information regarding the remaining
allegations, for which no replies had been received (see E/CN.4/1992/30,
paras. 503-519) .
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Suriname
Follow-up on allegations sent in 1991
557. The Special Rapporteur sent a letter to the Government of Suriname
following up on allegations of extrajudicial, summary or arbitrary executions
transmitted to that country in 1991, for which no replies had been received
(see E/CN.4/1992/30, paras. 521-522) .
Thailand
558. The Special Rapporteur has received reports concerning human rights
violations, including extrajudicial, summary or arbitrary executions, in the
context of popular protest against the institution of General Suchinda
Kraprayoon as Prime Minister of Thailand in April 1992. The General had been
one of the leaders of a military coup d'etat that led to the overthrow of the
democratically elected Government of Chatichai Choonkana on 23 February 1991.
From 17 to 20 May 1992, the military reportedly used lethal force against
civilian demonstrators during mass demonstration demanding the resignation of
General Suchinda Kraprayoon and the return to democracy.
Communications sent by the Special Rapporteur
559. The Special Rapporteur transmitted to the Government of Thailand
information he had received concerning the alleged violation of the right to
life of 141 persons; 50 cases allegedly constituted violations of the right to
freedom of opinion and expression and peaceful assembly and association.
Urgent appeals
560. The Special Rapporteur sent an urgent appeal to the Government of
Thailand after receiving reports according to which at least 50 civilian
demonstrators had been killed by the military during the anti-Government
demonstrations in Bangkok between 17 and 20 May 1992. The Special Rapporteur
also appealed to the Government of Thailand to ensure effective protection of
the right to life of more than 700 people who were reported missing after they
had been detained during the demonstrations (24 June 1992) .
561. The Special Rapporteur sent another urgent appeal to the Government of
Thailand after receiving reports concerning the alleged imminent repatriation
of 90 women from Thailand to Myanmar, their home country. Allegedly, some of
the women, who were said to have been forced into prostitution in Thailand,
had been tested and found to be HIV-positive, and it was feared that they
might be at risk of being executed upon their return to Myanmar. The Special
Rapporteur requested the Government of Thailand to refrain from returning the
women to Myanmar unless effective protection from extrajudicial execution was
ensured (29 September 1992) .
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Other allegations
562. In a separate letter, the Special Rapporteur transmitted to the
Government of Thailand the case of Ye Soe Aung, a national of Myanmar and a
member of the All-Burma Students' Democratic Federation (ABSDF) , who
reportedly died on 4 November 1991 after being arrested and allegedly tortured
by members of the Thai police at Nat Em Daung, close to the Thai-Myanmar
border (31 August 1992) .
Communications received from the Government
563. The Government of Thailand provided the Special Rapporteur with
information in reply to the urgent appeal concerning the alleged imminent
expatriation of 95 women to Myanmar and the subsequent risk of extrajudicial
execution for some of them. It was stated that between June and
September 1992, the 95 women were rescued by Thai authorities from brothels
and were given medical treatment for sexually transmitted diseases, education
and vocational training and instruction on immigration laws. On
15 September 1992, the authorities of Thailand, Myanmar and the World Health
Organization cooperated in the safe return of these 95 women to Myanmar. The
Ambassador of Myanmar to Thailand had assured the Thai authorities of the
safety of the women and guaranteed that their health would be examined and
medical treatment provided (20 October 1992) .
Togo
564. The Special Rapporteur received information that, after months of violent
confrontation between the security forces and opponents of the one-party rule
in Togo, President Eyad ma and his Government agreed to introduce a
multi-party political system and hold a National Conference, which sat from
July to August 1991. It examined human rights violations since
President Eyad ma came to power in 1967 and elected Joseph Kokou Koffigoh as
Prime Minister. Mr. Koffigoh then formed a transitional Government. The
National Conference nominated the High Council of the Republic to oversee the
transition process. President Eyad ma remained in office and retained control
over the armed forces.
565. It was reported that in this context of instability and transition, the
army tried to halt the process of reforms and destabilize the transitional
Government by attempting, sometimes successfully, to kill political leaders of
the opposition. Journalists critical of the President were also said to have
been threatened with extrajudicial execution.
Communications sent by the Special Rapporteur
566. The Special Rapporteur transmitted to the Government of Togo information
he had received concerning the purported violation of the right to life of
eight persons. All cases allegedly constituted violations of the right to
freedom of opinion and expression and peaceful assembly and association. In
three urgent appeals, the Special Rapporteur intervened on behalf of
seven persons. One case was sent in a separate letter.
E/CN. 4/1993/46
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Urgent appeals
567. Bertin Kangni Foly, director of the weekly newspaper La Parole , was
reportedly charged with “publishing false information likely to disturb the
public order” and “undermining the honour of and respect for the President”
(articles 61 and 52 of the Press Code of 1990) , after publishing an article
alleging that the President was supporting a rebel group of the army of Benin.
Since the publication of the article, Bertin Kangni Foly allegedly received
death threats which forced him into hiding. Although his trial was scheduled
to begin on 7 October 1992, seven police officers were said to have come to
his house to “escort him to court” on 23 September 1992 (14 October 1992) .
568. In an attack on the motorcade of Gilchrist Olympio, President of the
Union of Forces for Change (UFC) coalition, on S May 1992, 4 persons, Mama
Tour Moussa, Atchankpa Zakari Curo, Tchadjibo Alasa Sama and Atideze Atidepe
were killed and 12 persons, including Gilchrist Olympio, were injured. The
attack was allegedly planned and carried out by members of the army with the
complicity of high levels of the army command (19 October 1992) .
569. Death threats were reportedly received on 22 October 1992 by the office
of the newspaper Forum Hebdo , allegedly in connection with articles on
demonstrations protesting against an official visit of the President of Togo
to Benin. On the same day, the police were said to have searched the office.
JIIother journalist, Rico Tettekpoe, of the national radio and television
station in Lom , was also reported to have received death threats
(9 November 1992) .
Other allegations
570. The Special Rapporteur transmitted to the Government one more case of
alleged extrajudicial, summary or arbitrary execution. According to the
information received, Tavio Amorim, leader of the Panafrican Socialist
Party (PSP) , Secretary-General of the Confederation of Democratic
Opposition (COD II) alliance and Head of the Commission for political affairs,
human rights and freedoms at the High Council of the Republic, was shot and
fatally injured on 23 July 1992, after a meeting with opposition groups in
Lom . The Government had allegedly stated that a police identity card found
near the scene of the shooting indicated the responsibility of the security
forces for the killing (31 August 1992) .
Communications received from the Government
571. At the time of the preparation of the present report, no communications
had been received from the Government of Togo.
Follow-up on allegations sent in 1991
572. The Special Rapporteur sent a letter to the Government of Togo following
up on allegations of extrajudicial, summary or arbitrary executions
transmitted to that country in 1991, for which no reply had been received
(see E/CN.4/1992/30, paras. 527-531).
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Trinidad and Tobago
Follow-up on allegations sent in 1991
573. The Special Rapporteur sent a letter to the Government of Trinidad and
Tobago following up on allegations of extrajudicial, summary or arbitrary
executions transmitted to that country in 1991 (see E/cN.4/1992/30,
paras. 533-534) . The Government of Trinidad and Tobago had replied to that
letter, stating that the case was pending in the competent court. The Special
Rapporteur requested the authorities to provide him with information about the
decision taken as a result of these procedures or any other measures adopted
as a consequence thereof.
Tunisia
574. The reports and allegations that have come before the Special Rapporteur
indicate the occurrence of deaths caused by torture and ill-treatment of
detainees in different police stations in Tunisia. Activists of “en-Nadha”,
an illegal Islamist movement, were reported to be victims of such practices.
Communications sent by the Special Rapporteur
575. On 31 August 1992, the Special Rapporteur transmitted to the Government
of Tunisia four cases of death in detention of Islamist activists, allegedly
as a consequence of torture. The names of the victims were reported to the
Special Rapporteur as follows:
(a) Rashid Chammakhi reportedly died on 27 October 1991 at Nabeul
police station;
(b) Faisal Barakat reportedly died between 8 and 11 October 1991 at
Nabeul police station;
(c) Nejib Laamari reportedly died shortly before 20 January 1992 at
B l& police station;
(d) Mouldi Ben Amor reportedly died on 21 January 1992 at a police
station in Tunis.
Communications received from the Government
576. In reply to the allegations of extrajudicial, summary or arbitrary
executions transmitted in 1991, the Government of Tunisia informed the Special
Rapporteur that such practices did not exist in Tunisia because executions
could be carried out only as a result of a sentence pronounced in accordance
with all the legal guarantees. With regard to the specific cases, the
Government of Tunisia replied as follows (19 November 1992) :
(a) Rashid Chammakhi was arrested on 26 November 1991 (not on
24 October) on suspicion of active participation in the constitution of a
group trained to carry out acts of sabotage in the region of Nabeul. He died
in the University Hospital Centre at Nabeul some hours after his arrest.
E/CN. 4/1993/46
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Two medical examinations determined hepatic and renal insufficiency as cause
of death. He had therefore not been tortured, contrary to the allegations.
Requested to consider a reopening of investigations into his death, the Public
Prosecutor of Grombalia examined the allegations of direct or indirect
ill-treatment, but did not find elements to justify a reopening of the case on
the basis of article 121 of the Code of Criminal Procedure;
(b) Fai9al Barakat died on 11 October 1991 in an accident on “Grabi”
road in Menzel Bouzelfa. Contrary to the allegations, judicial investigations
were first conducted by the Public Prosecutor at Grombalia into this case,
which was later provisionally filed. In response to the allegation that his
death had not been accidental, the Public Prosecutor at Grombalia had recently
decided, on the basis of article 121 of the Code of Criminal Procedure, to
reopen the investigations;
(c) Mohamed N jib Ben Ali Ben Saad Laamari was arrested
on 31 January 1992 (not on 15 November 1991) on suspicion of preparing Molotov
cocktails and other explosive material with a view to carrying out missions of
destruction and attacks on persons and property. He was acquitted
on 14 July 1992 by the court of first instance in B j&. He was alive and in
freedom. Allegations that he had died due to torture were false;
(d) Mouldi Ben Amor was arrested on 20 July 1991 (not
on 15 December 1991) and brought before the court of first instance in Tunis
on 21 July 1991 for belonging to a non-recognized association. Mr. Ben Amor,
who was in medical treatment, had to be transferred to Marsa hospital after
complications. He died there despite intensive care. A death certificate
delivered by a doctor of Marsa hospital confirmed that his body did not show
any trace of violence or traumatisms and that his death was from natural
causes.
Follow-up on allegations sent in 1991
577. The Special Rapporteur sent a letter to the Government of Tunisia
following up on allegations of extrajudicial, summary or arbitrary executions
that had been sent to that country in 1991.
578. The Government of Tunisia had replied to all these allegations. With
regard to two cases, it was reported that judicial investigations had been
initiated to determine the cause of death. The Special Rapporteur asked the
Government of Tunisia to provide him with updated information about these
procedures, in particular decisions taken as a result of the investigations
and any measures adopted as a consequence thereof. In reply to the follow-up
letter sent by the Special Rapporteur, the Government of Tunisia informed him
that the judicial investigations into the deaths of Abdelaziz Mahwashi and
Abderarrouf Laaribi were still under way. Irrespective of the outcome of
these investigations, their families were granted aid in specie and a monthly
allowance (see E/CN.4/1992/30 and Corr.1, paras. 535-545).
E/cN. 4/1993/46
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Observations
579. The Special Rapporteur appreciates the willingness to cooperate shown by
the Government of Tunisia by replying to all the allegations transmitted, both
in 1991 and 1992. In particular, he has noted with satisfaction that
financial aid was granted to the families of possible victims of violations of
the right to life.
Turkey
580. The Special Rapporteur has received a large number of reports and
allegations regarding human rights violations, including extrajudicial,
summary or arbitrary executions, in Turkey.
581. The core of the reports and allegations of extrajudicial, summary or
arbitrary executions that have come before the Special Rapporteur concern the
situation in the south-eastern parts of Turkey. The armed conflict between
the Turkish security forces and the Partiya Karkeren Kurdistan (Kurdish
Workers' Party) (PKK) , seeking to establish an independent Kurdish state
started in August 1984 with armed attacks by PKK against the security forces.
Since then, more than 3,000 lives were said to have been lost on both sides
and among the civilian population. Emergency legislation with wide powers for
the Emergency Legislation Governor in Diyarbakir has been in force
in 10 provinces since 1987.
582. The Special Rapporteur has received an alarming number of allegations of
civilian casualties resulting from the use of excessive and arbitrary force by
the Turkish security forces. Virtually every day, extrajudicial, summary or
arbitrary executions were reportedly perpetrated by members of the Turkish
Army, the police, “village guards” paid by the authorities to fight the
guerrillas and the “Kontrgerilla”, a secret service undercover force allegedly
affiliated to the Special Warfare Department and engaged in secret operations
against Kurdish separatists. Local politicians, in particular members of the
People's Labour Party (HEP) , generally perceived as being sympathetic to
Kurdish interests, representatives of the Human Rights Association (IHD) ,
journalists investigating human rights abuses and villagers who refuse to
participate in the “village guards” system especially when they are suspected
of links with PKK, either directly or through family members, were most often
reported to be the victims of executions, death threats and acts of
intimidation and harassment.
583. In a number of cases, executions were allegedly perpetrated without
relation to any particular incident. In some instances, the killings of
civilians reported to the Special Rapporteur were said to have been reprisal
actions for previous attacks by PKK guerrillas. PKK attacks had resulted in
the death of more than 1,000 civilians and a large number of security forces
personnel.
584. According to the information submitted to the Special Rapporteur,
violence in various locations of the Kurdish populated south-eastern parts of
Turkey intensified particularly in late March and during the months of August,
September and October 1992.
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585. In connection with the celebrations of Nevroz , the Kurdish New Year, it
has been reported to the Special Rapporteur that members of the Turkish Army
and police deliberately fired upon unarmed civilians, both at Nevroz
celebrations and at demonstrations held during the days that followed. The
military allegedly used heavy arms in attacks on civilians in the streets and
civilian houses. In some instances, the events were said to have turned into
clashes between members of PKK and the security forces. The use of force by
the military and security forces personnel reportedly resulted in the death
of 94 persons, almost all of them Kurdish civilians, including a large number
of children, women and elderly people.
586. A further deterioration of the situation was reported between August and
October, when the Turkish security forces were said to have used tanks and
heavy artillery in what was described as a pattern of military violence
against civilian houses and shops in a number of cities and villages in the
region, killing and injuring many people.
587. Apart from violence in connection with the Kurdish question, the Special
Rapporteur also received reports and allegations concerning extrajudicial,
summary or arbitrary executions, including deaths in custody, death threats
and acts of intimidation and harassment against members of political parties,
trade unions and human rights organizations.
Communications sent by the Special Rapporteur
588. The Special Rapporteur transmitted to the Government of Turkey
allegations he had received concerning the violation of the right to life
of 319 persons. In 26 cases, the victims were said to be minors. It was
alleged that 117 cases constituted violations of the right to freedom of
expression and opinion, religion and peaceful assembly and association.
In 8 urgent appeals, the Special Rapporteur intervened on behalf
of 50 persons. Allegations concerning violations of the right to life
of 269 others were sent in a separate letter. The Government replied to
two urgent appeals.
Urgent appeals
589. The Special Rapporteur sent eight urgent appeals to the Government of
Turkey after he had received the following information.
590. Mehmet Demir (32), a Kurd, Siirt Deputy Provincial President of HEP, had
reportedly disappeared in January 1992 after leaving his restaurant in Siirt
in circumstances that suggested the possible involvement of members of the
security forces and gave rise to fears for his life and physical integrity
(28 January 1992) .
591. Selim Mert, a local executive committee member of HEP at Bing6l, had
reportedly been subjected to repeated death threats and acts of intimidation
and harassment by police officers between 26 January 1992 and early April 1992
(25 June 1992) .
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592. A leaflet threatening Leyla Zana and 27 other persons (names may be
consulted in the files of the Secretariat) with death was reportedly
distributed in May 1992 in various towns in the south-eastern part of Turkey.
All 28 persons named in the leaflet were either Kurdish members of the Turkish
Parliament or otherwise outspoken supporters of the Kurdish minority in Turkey
(25 June 1992) .
593. Hezni Erkol and at least 14 other civilians, including children (names
may be consulted in the files of the Secretariat) , were reportedly killed by
members of the Turkish security forces in Sirnak between the night of
18 August and noon of 21 August 1992. The security forces allegedly used
indiscriminate bombing, heavy shelling and firing on civilian houses and shops
during 48 hours. Eyewitnesses were said to have reported that tanks and
cannons had been used by the security forces to attack buildings occupied by
civilians (24 September 1992) .
594. The Special Rapporteur reiterated his concern about the situation in
south-eastern Turkey in another urgent appeal to the Government of Turkey,
after he had received numerous additional reports about military violence
against the civilian population and civilian objectives in Sirnak, Hisar, Kulp
and other towns and villages of the region during the months of August,
September and October 1992. Again, it had been alleged that the Turkish
security forces employed heavy weapons, including tanks, and indiscriminate
gunfire against civilian targets. On 3 October 1992, the civilian Vahir Narin
reportedly died after being doused with petrol and set alight
(23 October 1992) .
595. In a sixth urgent appeal to the Government of Turkey, the Special
Rapporteur expressed his preoccupation after receiving information that
Musa Anter (74), a writer and founding member of HEP, had been killed,
together with Orhan Miroglu, on 20 September 1992 in Diyarbakir. Musa Anter
was one of the 28 persons whose names were listed on a leaflet containing
death threats which had been circulated in the region earlier in the year
(see above, para. 592) . The Special Rapporteur also stated his concern about
reports that Yavuz Binbay, the President of IDH in Van, had continued to
receive numerous death threats recently (15 October 1992) .
596. By the same urgent appeal, the Special Rapporteur transmitted to the
Government of Turkey reports he had received about an attempt on the life of
Burhan Karadeniz, a journalist for the newspaper Ozgi r Gi ndem , who had been
assaulted on his way to work in Diyarbakir on 5 August 1992. Since that
attempt, he is reported to be irremediably paralysed from the chest down.
597. In addition, the Special Rapporteur requested the Turkish authorities to
ensure effective protection of the right to life and physical integrity of
Ismail Yilmaz, who was said to have been subjected to numerous direct and
indirect death threats after filing a complaint against policemen whom he
identified as those who had severely tortured him on 28 July 1992 at Yedikule
police station, Istanbul (16 October 1992) .
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598. Furthermore, the Special Rapporteur sent an urgent appeal to the
Government of Turkey after receiving reports concerning the imminent
repatriation to the Islamic Republic of Iran of Mr. Hassanzadeh Afshar
Mohammad Reza, an Iranian refugee in Turkey. The Special Rapporteur appealed
to the Turkish authorities to refrain from extraditing him, since it was
feared that he would be at serious risk of execution for his former membership
of the “Mojaheddin Khalgh” and his well-known political activities
(6 November 1992) .
Other allegations
599. The Special Rapporteur sent two letters to the Government of Turkey
transmitting allegations of extrajudicial, summary or arbitrary execution
of 269 persons, including 21 minors. Eighty-five cases allegedly constituted
violations of the right to freedom of opinion and expression, religion and
peaceful assembly and association (31 August 1992 and 16 September 1992) .
600. The vast majority of the victims were said to have been Kurds. In a
large number of cases, it was also alleged that no judicial or disciplinary
proceedings had been initiated against those responsible, even if they had
been identified.
601. The eight persons listed below are journalists and correspondents for
left-wing or pro-Kurdish periodicals covering the situation in south-eastern
Turkey who were reportedly executed by members of the security forces:
Halit Gungen, of 2000'E Dogru (Towards 2000), on 18 February 1992, by
three assailants reportedly linked to the security forces, at the
Diyarbakir office of his journal, allegedly in connection with an article
he had published on 16 February 1992 dealing with the relationship
between the “Hizbullah” armed group and the Kontrgerilla;
Cengiz Altun, of Yeni tJlke (New Land), on 24 February 1992, by
six bullets fired into his back while he was on his way to work in
Batman, allegedly for articles he had written about the activities of the
Kontrgerilla;
Izzet Kezer, of Sabah , on 23 March 1992 in Cizre, by military personnel
when he left his hotel, together with other journalists, during a curfew.
Allegedly, he had been carrying a white flag;
Hafiz Akdemir of Ozgi r GiIIdem (Free Agenda), on 8 June 1992, by an armed
man allegedly linked to the security forces, on his way to work in
Diyarbakir;
Mecit Akgun, of Yeni tJlke , on 2 June 1992, near Colova, Nusaybin;
Cetin Abayay, of Ozgi r Halk (Free Public), on 30 July 1992, in Batman;
Yahya Orhan of Ozgi r GiIIdem , on 31 July 1992, near Batman;
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Hi seyin Denis of Ozgi r Gi ndem , on 9 August 1992, by members of the
Kontrgerilla in the area of Diyarbakir, reportedly for having written
articles about the nature and activities of the Kontrgerilla.
602. The following 50 persons, including 1 minor, were reported to the Special
Rapporteur as victims of extrajudicial, summary or arbitrary executions
perpetrated by members of the security forces in the south-eastern region of
Turkey:
Musa Tantik and Cemal Aslan, when they were forced to get off their water
sprinkler vehicle belonging to the municipality of Tepe, Idil, Sirnak, at
a roadblock and shot dead by village guards from Tepe;
Besir Algan, on 21 May 1991 at Budakli, near Midyat, by a soldier who
reportedly fired a shot directly into his head. His family was allegedly
offered money by the military if they dropped proceedings, which they
refused. Nobody was said to have been prosecuted;
Ramazan Aslan, on 13 June 1991 at Midyat, Mardin, by the Kontrgerilla,
allegedly “for being a Kurd”;
Ibrahim Sarica, on 18 June 1991, by members of the Kontrgerilla while on
his way to work in Sirnak;
Mehmet Kilic, on 28 June 1991, by three members of the Kontrgerilla at
his home in Dagkonak, Sirnak, allegedly for having refused to collaborate
with them;
Naci Berakat Acun, on 25 August 1991, by members of the Kontrgerilla
during a raid on his home at Seta, Dargecit, Mardin;
Abdi lmecit Cetinkaya, on 14 September 1991, by members of the
Kontrgerilla at Cimenli, Omerli, Mardin;
Hasan Erdinc, Isa Erdinc and Zore Erdinc, on 18 September 1991 at
Bardakci, allegedly by armed men linked to the Kontrgerilla;
Ali Erdem, on 29 September 1991, by members of the Kontrgerilla at his
home in Akcarinar, Kiziltepe, Mardin;
Mehmet Selim Aslan, Si leyman Aslan and Abdulaziz Gi cli , on 3 October 1991
at Bahcebasi, near Nusaybin, by armed men allegedly linked to the Turkish
army;
Hamit Temel, on 19 October 1991, by members of the Kontrgerilla at
Yi ksekova, Hakkari;
Ismail Hakki Kocakaya, on 25 November 1991, by plainclothes police
officers at Diyarbakir;
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Agit Akabe and Ibrahim Demir, on 11 December 1991, by members of the
Kontrgerilla at Agacli, Cukurlu, allegedly after being subjected to
severe torture;
Agit Akibe and Ibrahim Demir, on 13 December 1991, by army personnel at
Cukurlu, allegedly after they had submitted a petition to the Governor of
Idil requesting the withdrawal of soldiers occupying several buildings at
Cukurlu;
Mahmut Polat, on 23 January 1992 at Bing6l Industrial Estate. The victim
was said to have been shot dead by a police officer whom he had requested
to pay for a car he had repaired;
Leyla Kuran, Zinnet Karaaslan and another woman, on 1 March 1992, during
a house raid carried out by the military in the Alipasa Quarter of Van;
Faik Kahrman, reportedly a “Hizbullah” follower, on 28 March 1992, when
he did not obey an order by the military to stop in the Nusaybin
District, Mardin;
Abuzer Biratli (75) and Abuzer Korkusoz (70), on 6 April 1992, by members
of the military while travelling from Sinon village to Tepehan town;
Haci Celik, on 14 April 1992, when soldiers thought three seedlings
loaded on his shoulders to be a rocket-launcher and opened fire on him
while he was on the way to his field near Bozlanak, Palu, Elazig;
Haci Bedi r, Mehmet Candan, Abdurraham Yesilmen and Hamza Bulut,
on 20 April 1992, when village guards opened fire on a minibus on its way
from Midyat to Tolgali village;
Hanim Tunc (12) , on 4 May 1992, when military personnel opened fire from
a helicopter on children grazing animals near Hilal, Uludere, Sirnak;
Ahmet Bayrak, on 8 May 1992, when a soldier from Gogana Gendarmerie
station shot at him for not obeying an order to stop near Erken, Pervari,
Siirt;
Salih Dolmus, on 24 May 1992, when members of the armed forces opened
fire on a minibus for not obeying an order to stop on Kasrik Street,
between Sirnak and Lizre;
13 persons, on 10 June 1992, when the minibus they were riding in was
stopped by “village guards” near Tatvan. All the passengers were said to
have been killed;
Siddik Tan, an active board member of the Batman branch of IHD,
on 20 June 1992, in Hurriyet Quarter, Batman, by armed men allegedly
linked to the security forces.
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603. The following three persons were said to have been killed for their
membership of HEP:
Harbi Arman, an active board member of the Malazgirt local branch,
on 18 January 1992 at Diyarbakir;
Abdurrahman S6gi t, on 18 January 1992 at Nusaybin, allegedly by members
of the Kontrgerilla;
Tahir Seyhan, on 11 April 1992, after four days of interrogation by
members of the security forces in Dargecit, Mardin. Allegedly, he had
been subj ected to torture.
604. The following cases concerning 39 persons, among them 2 minors, have been
reported to the Special Rapporteur as deaths as a result of excessive use of
force by security forces against demonstrations and other assemblies:
Bicer Bilen, reportedly killed when security forces personnel opened fire
on a group of people on their way to the village of Belat, Hilal,
Uludere, Sirnak;
Coskun Yadigar, on 13 January 1991, when police officers fired at random
on an anti-war demonstration that took place in Istanbul;
Mecit Kaplan, on 25 January 1991, when security forces personnel opened
fire on Islamic fundamentalists who wanted to stage a demonstration in
Tatvan to protest against the Gulf war;
Salih Talayhan and Sehmuz Yunga, on 28 February 1991, when soldiers
opened fire on a group of villagers who were collecting left-over coal in
Sirnak;
Ahmet Gi lec and Ekrem Oruc, on 4 March 1991, when soldiers opened fire on
a group of people who wanted to stage a demonstration in Idil, Mardin, to
protest against violence in the region;
Rukiye Bozkurt, on 7 March 1991, when police opened fire at the end of a
silent march in Dargecit, Mardin, protesting against violence in Idil
on 4 March 1991;
Abdurrahman Cicek, on 15 March 1991, when security forces personnel
opened fire on a group of people who were going to pay a visit of
condolence to the family of Rukiye Bozkurt (see preceding case);
Emine (Linda) Latifeci (11) , on 8 June 1991, after Gendarmerie officers
had opened fire on participants in the funeral of a PKK militant in
Ha z ro;
Behzat Ozkan, Bahattin Turan, Nevzat Kelecki, Zi lfikar Yagan,
Sehmuz Demir, Havze Ekinci and Mustafa Atan, on 10 July 1991, when
security forces personnel opened fire on participants in the funeral of
Vedat Aydin, the Diyarbakir Provincial President of HEP, at Diyarbakir;
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Yesra Akbal, on 12 August 1991, when police officers opened fire on a
group of women demonstrating at Akarsu, Nusaybin, against repression in
the region;
Salih Koc, on 13 August 1991, when security forces personnel opened fire
on participants in a demonstration in Beykent, Kurtalan, Siirt,
protesting against Turkish military operations against PKK camps;
bzcan (bmi r) Ens (10) , on 6 September 1991, when security forces
personnel opened fire on a group of people who had gathered in Kurtalan
to take over the corpses of four PKK militants;
Nedim Altin, Neytullah Tekin, Hayrettin Demirtay, Nasip Mehmet Altun,
Feremez Bulut and Omer Ozti rk, on 24 December 1991, when security forces
personnel opened fire on a group of people who wanted to organize a
funeral for three PKK militants at Kulp;
Fahri Bektas, Veysi Aktas, Urfi Aksakal and Tevfik Ekinci,
on 25 December 1991, when security forces personnel opened fire on
participants in a funeral at Lice;
Ali Olmez, Abdulselam Ozbey, Nusbet Acet, Abdulhakim Ozbey,
Seyfettin Kapcak and Bedriye Gumus, on 15 February 1992 at Yardere, when
security forces opened fire on a group of civilians who had gathered to
protest against army attacks on the village earlier that day;
Mehmet Nun Lebe, on 21 February 1992, at Midyat, Mardin, when soldiers
opened fire on a crowd of people demonstrating against the increase of
violent deaths in the region;
Mehmet Aslan, on 19 April 1992, when members of the Turkish army opened
fire on a group of 2,000 people on their way from Idil to the mountainous
area;
Abdurraman Ural, on 5 June 1992, when members of the army opened fire on
participants at a funeral at Kiziltepe, Mardin.
605. The following 15 persons, including 2 minors, were reported to have died
during attacks by security forces in and on towns and villages in the
south-eastern part of Turkey:
Nezir Cinar and Selamet Ozer (14) , during an army attack
on 15 February 1992 on the village of Payamli, Siirt;
Hikmet Menekse, on 5 April 1992, when security forces personnel fired
indiscriminately on civilian houses and shops in the Lice District of
Diyarbakir, allegedly in reprisal for an attack on the Gendarmerie
earlier that day;
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Abdi lkerim Kortak, Cazim Kortak, Riza Akbas, Orhan Kilic, Kemal Ok,
Mustafa Ok, Eyi p Ilhan and Hidir Demirtas, on 17 April 1992, during a
military operation against the villages of Taslik and Yasir in the Savur
District of Mardin. Soldiers reportedly opened fire at random in the
two villages;
Mahmut Akyildiz and Manaz Ucaman, two civilians, on 24 May 1992, when
soldiers of the Gendarmerie Squad Command in Lice District opened fire at
random in response to an attack by members of the PKK;
Helal Samur and Gi lsi me Samur (7) , on 29 June 1992, when Turkish military
dropped a bomb from a fighter plane on the Ormanci Settlement of the
village of Ortaklar, Semdinli, Hakkari.
606. The following 14 persons were said to have been executed for membership
of or suspected links with PKK:
Haci Berekat Acun, on 25 August 1991 at Ayranci, Curusuk;
Mecbure Akdogan, in September 1991 at Lice, Diyarbakir;
Si leyman Aziz and Mehmet Gi ltekin, known as PKK supporters,
on 3 October 1991 by the Kontrgerilla in the village of Bahcebasi,
Nusaybin. A third man, Abdi laziz Gi cli , was reportedly killed when he
accidentally passed by the site where the other two had died;
Leyla Aslan, Naciye Sink, Mehmet Sakar and one other civilian,
on 28 April 1992, when soldiers opened fire at random on civilian houses
and shops during a clash with members of PKK in the Idil District of
Sirnak;
Saim Celik, Veysi Caglayan, two civilians, and three PKK militants,
on 28 May 1992 by members of the security forces in Mus. The PKK
militants had reportedly kidnapped the two civilians. All five were said
to have been arrested by the security forces and detained at the police
station. Their dead bodies were later found near Yazla village, Mus.
607. Twenty-three persons, including two minors, are said to have died while
in detention, many of them during interrogations. In a large number of cases
it is alleged that the authorities decided not to prosecute the officers
responsible:
Tevfik Timur, between S and 14 January 1991, in detention at Cizre;
Birtan Altunbas, on 16 January 1991 at Gi lhane Military Hospital,
allegedly as a consequence of torture at Ankara Political Police
Headquarters;
Kasim Aras, on 30 January 1991, allegedly as a consequence of
ill-treatment while detained in Aralik prison;
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Hacim Sincar, on 4 April 1991, allegedly as a consequence of torture
during interrogations at Solhan Gendarmerie station;
Veli Gelec, on 5 April 1991, allegedly shot dead while detained by Ankara
police;
Naki G6ksu, on 9 June 1991, at Mazgirt, Tunceli, after he had been
apprehended alive during an armed clash. He was said to have been killed
by a Gendarmerie Major when he refused to answer questions during
interrogation;
Osman Ekinci, on 20 July 1991, allegedly after being detained by soldiers
from G6rendoruk Gendarmerie station while minding sheep at Gi neyce,
Sirnak;
Rafet Basut, on 16 August 1991, after he had surrendered to the police
during an armed clash in tJmraniye District, Istanbul;
Ismail Yigit, on 28 August 1991, near Catal6zi , by armed men who abducted
him after interrogating him about his brother. His body allegedly
showed 36 bullet wounds and marks of beating;
Serafettin Celik, on 8 September 1991, while in detention at Gaziantep
police headquarters;
Osman Keles, on 18 September 1991, allegedly as a consequence of torture
while in detention at Agri police headquarters;
Murat Oszat, in November 1991, allegedly as a consequence of torture
while in detention at Gaziantep police station. His body was said to
have been completely burned;
Yi cer Ozen, in November 1991, allegedly as a consequence of torture while
interrogated at Beyoglu Security Directorate;
Burhan Serikli, in early March 1992, allegedly as a consequence of
torture during interrogations at Batman Gendarmerie station;
Imran Aydin, on 3 March 1992, allegedly as a consequence of torture while
in police custody at Ankara;
Biseng JIIik, on 28 March 1992, while in custody at Sirnak police
headquarters, allegedly after torture;
Hasan Ali (16), in April 1992, allegedly as a consequence of torture
during detention by the police at Diyarbakir;
Miktat Kutlu, on 18 April 1992, while in custody of the security forces
at Bismil, Diyarbakir, allegedly after torture;
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Kadir Kurt, on 19 April 1992, allegedly as a consequence of torture
during interrogations at the Gendarmerie Battalion headquarters at Birik,
Bismil;
Mehmet Yilmaz, on 25 April 1992, allegedly as a consequence of torture
during interrogation at the Batman Security Directorate;
Agit Salman, on 29 April 1992, allegedly as a consequence of torture
during two days of interrogation at Adana police headquarters;
A student of 13 years, on 2 May 1992, at Gumushane closed prison;
1-lasan Guldal, in June 1992, allegedly as a consequence of torture during
interrogations at the Artvin Provincial Gendarmerie Command.
608. The following 13 persons were said to have been killed because of their
alleged membership of the urban guerrilla group Devrimci Sol (Revolutionary
Left) :
Perihan Demirer, on 28 June 1991, during a police raid on a house
suspected of being used by Devrimci Sol militants in Besiktas District,
Istanbul;
Niyazi Aydin, Ibrahim Erdogan, Hasan Eliuygun, Zeynep Eda Berk,
Nazmi Tifflkcan, Cavit Oszkaya, Yi cer Simsek, Omer Coskunirmak,
Ibrahim Ilci and Bilal Karakaya, on 12 July 1991 during three separate
house raids by the Political Police and agents of the National
Intelligence Agency (MIT) in Nisantasi, Dikiliktas and Balmuncu Districts
of Istanbul;
Guluthan Kangalgil and Fint6z Dikme, on 14 July 1991, during a house raid
by the police in Telsizler District, Ankara.
609. In addition, the following cases concerning the deaths of 36 persons,
including 3 minors, were reported to the Special Rapporteur:
Murteza Kaya, on 7 June 1991, reportedly shot in the head by police while
distributing leaflets in the Ki ki kcekmece District in Istanbul;
Ahmet Akkan and Naile Akkan, reportedly shot dead by a police
commissioner who broke into their house in Kurucesne District, Ankara,
on 28 June 1991 after a misunderstanding during a discussion;
Mehmet Salih Ceylan, on 12 August 1991, during a house raid carried out
by the police in Cumhuriyet District, Gaziantep;
Engin Egeli, on 16 January 1992, killed by police while distributing
leaflets of the Revolutionary Communist Party of Turkey (TDKP) protesting
against price rises, in the Merter Quarter of Istanbul;
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Ismail Cengiz G6znek, Servet Sanin and Hi seyin Yasar, on 27 January 1992,
during a house raid carried out by the police in the Mahmutbey Quarter of
Istanbul. Ismail Cengiz G6znek had reportedly announced that he would
surrender;
Abdi lrakip Akin (Refik) reportedly died on 1 February 1992, after he was
beaten and forced by soldiers to lie naked in the snow at Sazlibasi,
Korkut, Mus;
Muzaffer Saritemur and three other persons, on 27 March 1992, during a
house raid carried out by the police in the Hizmalik6pri Quarter, Urf a,
allegedly in reprisal for the death of two policemen;
Sinan Kukul, Ayse Nil Ergen, Sadan Ongel, Ayse Uzunhasanoglu,
Taskin Usta, Hi seyin Kilil, Arif Ongel, Sati Tas, Eda Yi nsel,
Sabahat Karatas and Ahmet Fazil Erci met, on 16 April 1992, during
four different house raids carried out by the Political Police and MIT in
Istanbul;
Adem Karag6l (12), on 17 April 1992, when he did not obey an order to
stop by gendarmes guarding the water tanks near Kayabasi village,
Ki ci kcekmece, Istanbul;
Osman Akbas (15), on 20 April 1992, when he did not obey an order to stop
by a police officer on patrol in the Kozan District, Adana;
Serdar Tanis (17), on 20 April 1992, when police opened fire on his car
after he had accidentally struck a police car on patrol in the
Zeytinburnu Quarter of Istanbul;
Esma Polat, Gi ven Keskin and Siddik Ozcelim, on 30 April 1992, during a
house raid carried out by the Political Police in the Kurtulus Quarter of
Adana;
Songi l Karabulat, Fikri Keles, Ali Yilmaz and Halil Ates, on 4 May 1992,
during house raids carried out by the Political Police and MIT in the
Dikmen and Telsizler Districts of JIIkara. The policemen allegedly
employed machine-guns;
Mustafa G6k, on 6 May 1992, when police patrols checking traffic opened
fire on his car when he did not obey an order to stop on Samsun Highway,
Ankara;
Si kriye Kacmaz, when police officers started firing after misinterpreting
an explosion as gunfire in the Ostim Quarter of Ankara.
610. The Special Rapporteur received reports concerning the killing
of 68 persons, 11 of them minors, in the context of the celebrations of
Nevroz , the Kurdish New Year:
E/cN. 4/1993/46
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Nun Soyvural and Davut Soyvural (16) , on 20 March 1992 in Gerci s
District, Batman, when security forces personnel opened fire on a group
of people celebrating Nevroz ;
Cetin Bayram and another person, on 21 March 1992, by military personnel
during a demonstration that took place in Van;
Ramazan Kahraman, on 21 March 1992, when military personnel opened fire
on demonstrators in Eminaga Street, Adana;
An unidentified person, on 21 March 1992 at Kutlubey, Nusaybin, by
“village guards”;
A group of 33 people between 21 and 23 March 1992 in Sirnak, when
security forces personnel allegedly used heavy weapons, shooting at
random at civilian houses and civilians on the streets during and after
the celebrations of Nevroz . The names of those killed were reported as
follows: Zeynep Uysal, Emin Acar (16), Halil Baysal, Sehmuz Kabul,
Halil Deger, Nebahat Kakunc (17), Hediye Sagduc, Ramazan Bayar,
Nezir Sezek, Belkis Yumak, Hasan Ozden, Abdullah Sidar,
Bi lent Zeyrek (16) , Birsen Ozcan, Omer Dayan, Fadil Akin, Hacer San,
Halil Baykan, Hasan Cavlak, Emin Tetik (15) , Methi GiIIgen (9) ,
Hatice Katar (5) , Kadriye Kakin, Yelda Yumak, Safiye Yilmaz, Latif Sidar,
Nafiye Ilmez, Hadi Bahadir, Nur Uysal, Bahri Akin, Mehmet Nezir,
Bilal Zeyren (15) and Ramazan Kayar;
Lohman Erzen, Ali Bozkurt, Hi seyin S6nmez, Hi seyin Ertene, Yusuf Ergin,
Haci Erten and 22 other persons, between 21 and 25 March 1992 at Cizre,
when military personnel allegedly used heavy arms, including tanks,
indiscriminately against members of PKK and civilians during and after
the celebrations of Nevroz ;
19 persons, on 22 March 1992, when military personnel opened fire on
demonstrators approaching the city centre of Nusaybin. Those reported to
have been killed were: Halil Babek, Ahmet (Agitoglu) Kaya,
Mahmut Ciftci, Ahmet (Abdullahoglu) Kaya, Abdi lbani Gi ndi z, Serif Angi c,
Hinmet Aslan, Aliye Dumam, Halil Bulat, Hi seyin Bilar, Fevzi Yi rek,
Ibrahim Elgi n, Abdullah Afsin, Aliye Er, Kadir Aytan, Abdullah Atasin,
Abdurrahman Ciftci, Kadir Birin and Ahmet Eroglu;
Erwin Korkmaz, Fatima Kacmaz (14) and two other persons, on
22 March 1992, when soldiers of the Turkish army opened fire on people
gathering to protest against an incident in which the security forces had
denied people access to graves of PKK members;
Necmettin Ekici, on 23 March 1992, when police opened fire on
demonstrators in the Barbaros Quarter of Adana;
Medeni Aydin, on 24 March 1992, when he did not obey a police order to
stop, in the centre of Batman;
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Nihat Celasun (14) , on 25 March 1992, when military personnel opened fire
on him when he did not obey an order to stop during a curfew in Cizre;
Sefiha Yigihehin, Medeni Tunc (14) and Medine Svegi, on 25 March 1992,
when members of the armed forces opened fire on a group of people
protesting in the village of Kayikli, Siirt, against the violent
incidents during and after the Nevroz celebrations.
Communications received from the Government
611. The Government of Turkey provided the Special Rapporteur with information
in reply to the following cases:
(a) Selim Mert (see above para. 591) was arrested on 26 January 1992
and released on the same day after a police search of his house. A medical
report confirmed that he did not show any marks of beatings or any injuries.
He was again detained on 24 March 1992 on suspicion of supporting PKK
terrorists. A second medical report dated 27 March 1992, the day of his
release, stated that there were no marks of beatings or other injuries on his
body. Selim Mert was rearrested and placed under detention on 1 April 1992 on
similar suspicions. According to a medical report of 9 April 1992, the day on
which he was again released, there were no marks of beating or injuries on his
body. On 25 April 1992, he was detained once more under article 312/2 of the
Criminal Code (instigation to hatred and animosity among the population) . The
case was referred to the authorities in Diyarbakir (10 August 1992);
(b) With regard to the events in Sirnak (see above para. 610) , the
Government of Turkey informed the Special Rapporteur that on 18 August 1992
some 1,500 PKK activists and their adherents had attacked the city of Sirnak
with mortars, rockets, bazookas, automatic rifles and other firearms. The
attacks were mainly directed against the headquarters of the 23rd Army
Brigade, the Gendarmerie command, the Police Directorate and other public
buildings. The electricity net and the telecommunication lines were heavily
damaged. The terrorists killed three soldiers and one policeman and injured
several others. Sixteen civilians were also killed during the attack. The
security forces reacted to the terrorist attacks with the utmost prudence and
tried not to harm innocent civilians. The incidents ended on 20 August 1992.
After that date, suspects were detained. A large number of weapons were
confiscated. Investigations into the events were under way (12 October 1992) .
612. Pursuant to Commission on Human Rights resolution 1992/42, the Government
of Turkey submitted detailed information about attacks resulting in numerous
deaths of civilians and security forces personnel, carried out by the PKK
mainly in the south-eastern regions of Turkey throughout 1992.
613. The Government of Turkey provided information concerning 127 of the cases
previously transmitted by the Special Rapporteur. According to this
information, 64 persons had been killed during armed encounters between
security forces and armed groups, 37 had been killed by PKK members and 15 by
unidentified individuals. Security forces had killed by accident or mistake
six persons, two persons had committed suicide (one of them by precipitating
his head on a concrete floor) , one person had died after a hunger-strike and
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another after he had fallen down by accident. Finally, one person reported
dead had been found alive in a hospital, after he had been shot in the neck by
an unidentified person. None of the relatives of the above-mentioned persons
had received compensation from the Government (14 December 1992) .
614. Due to time constraints in the preparation of the report, a thorough
analysis of this reply will be included in the report of the Special
Rapporteur to the Commission on Human Rights at its fiftieth session.
Observations
615. In the light of the alarming number and gravity of the allegations
received and of certain contradictions in the information provided by
different sources, the Special Rapporteur has solicited an invitation from the
Government of Turkey to visit the country. The Government of Turkey has
agreed to the principle of such an on-site visit. The date and other details
will have to be determined in further consultations. The Special Rapporteur
appreciates the willingness to cooperate shown by the Government of Turkey and
hopes that the visit may take place in the near future.
Follow-up on allegations sent in 1991
616. The Special Rapporteur sent a letter to the Government of Turkey
following up on allegations of extrajudicial, summary or arbitrary executions
that had been transmitted to that country in 1991.
617. The Government of Turkey had replied to almost all of these allegations.
With regard to those cases in which judicial investigations had been opened,
the Special Rapporteur asked to be provided with updated information, in
particular about decisions taken as the result of such procedures and any
measure adopted as a consequence thereof. The Special Rapporteur also
requested the Government of Turkey to provide him with information about the
remaining four cases, for which no reply had been received (see
E/CN.4/1992/30, paras. 546-556).
Uganda
Follow-up on allegations sent in 1991
618. The Special Rapporteur sent a letter to the Government of Uganda
following up on allegations of extrajudicial, summary or arbitrary executions
transmitted to that country in 1991, for which no replies had been received
(see E/CN.4/1992/30, paras. 557-562).
Uke
Communications sent by the Special Rapporteur
619. The Special Rapporteur sent an urgent appeal to the Government of the
Ukraine after he had received information according to which
Leonid Kurgansky (37), a lawyer and human rights advocate, deputy of the
Shostka Soviet of People's Deputies and member of the Kiev Standing Commission
E/CN. 4/1993/46
page 152
on Questions of Law and Order, had had his licence revoked as of 1 April 1992
and received death threats by the Ukrainian authorities because of his human
rights activities (13 October 1992) .
Communications received from the Government
620. No reply to that urgent appeal had been received from the Government of
Ukraine at the time of the preparation of the present report.
621. Pursuant to Commission on Human Rights resolution 1992/42, the Government
of Ukraine informed the Special Rapporteur that the criminality rate in
Ukraine had increased sharply in the context of social, political and economic
transformations. Armed clashes between rival criminal gangs and murders of
mob leaders and of persons associated with them were increasing. The
Ukrainian authorities had established a special service to take effective
action against crtiminal organizations and to identify and neutralize criminal
groups (13 November 1992) .
United Repulic of Tanzania
Follow-up on allegations sent in 1991
622. The Special Rapporteur sent a setter to the Government of the
United Republic of Tanzania following up on allegations of extrajudicial,
summary or arbitrary executions transmitted to that country in 1991, for which
no replies had been received (see E/cN.4/1992/30, paras. 573-574) .
United States of America
623. The Special Rapporteur has received a number of reports concerning the
death penalty in various states of the United States of America. It was
repeatedly alleged that some of the safeguards and restrictions on capital
punishment contained in international instruments relating to the rights of
those facing the death penalty were not respected. This applied, in
particular, to the right to adequate defence and the limitations on the death
penalty for minors or mentally deficient persons.
Communications sent by the Special Rapporteur
Urgent appeals
624. The Special Rapporteur has sent 10 urgent appeals to the Government of
the United States. On six occasions, he responded to information received
concerning the imminent execution of a death sentence; one case concerned a
minor.
625. Johnny Frank Garrett, who was 17 years of age at the time of his crime,
had been sentenced to death in September 1982 after being convicted of murder
by a court in the State of Texas. His execution was scheduled for
11 February 1992 (10 February 1992) .
E/cN. 4/1993/46
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626. Edward Fitzgerald had been convicted of rape and murder and sentenced to
death in July 1981 in the State of Virginia. Allegedly, defendants in
Virginia have experienced difficulties in obtaining lawyers to represent them
on appeal. Reportedly, Edward Fitzgerald had not been represented by counsel
until the beginning of July 1992, three weeks before the scheduled date of his
execution, 23 July 1992 (17 July 1992) .
627. William Andrews had been convicted of murder and sentenced to death in
November 1974 in the State of Utah. According to the information received,
there had been evidence indicating that the murder had been committed by a
co-defendant whom he had tried to dissuade from harming the victims. It was
also alleged that William Andrews, who is black, was tried by an all-white
jury, that a potential black juror had been excluded from the jury for his
race, and that an inflammatory note with racial connotations had been
circulated to the jury during the trial. His execution was scheduled for
30 July 1992 (21 July 1992) .
628. Ricardo Adalpe Guerra had been convicted of murder and sentenced to
death on 4 October 1982 in the State of Texas. According to the information
received, there was evidence indicating that the victim of the murder, a
white police officer on duty, had been killed by a companion of
Ricardo Adalpe Guerra. His execution was scheduled for 24 September 1992
(18 September 1992) .
629. John Sterling Gardner had been convicted of murder and sentenced to death
in September 1983 in the State of North Carolina. Allegedly, he did not
benefit from proper legal representation during the sentencing phase of his
trial. His state-appointed counsel, who was later reprimanded by the state
and suspended from the practice of law for abusing drugs and alcohol during
the time of John Sterling Gardner's trial, was said to have failed to satisfy
minimum standards of competence (15 October 1992) .
630. Joseph Faulder had been convicted of murder and sentenced to death in
1977 by a court in Texas. Allegedly, he suffered from brain damage which
might have impaired his ability to determine right from wrong at the time of
his crime. Irregularities with regard to evidence obtained from witnesses
were also alleged. His execution was scheduled for 4 August 1992. In a
second cable, the Special Rapporteur reiterated his concerns after he had been
informed that the execution date had been changed to 25 October 1992, and
again, in a third cable, after the execution was postponed to 4 December 1992
(25 June 1992, 21 September 1992 and 3 November 1992) .
631. Cornelius Singleton had been convicted of murder and sentenced to death
in November 1977 in the State of Alabama. According to the information
received, the accused, a black, was originally sentenced by an all-white jury
which had not been informed of his mental deficiency. This sentence was later
reversed but he was resentenced by a judge sitting without a jury. According
to reports, evidence of his mental retardation was presented at his second
hearing, but was disregarded. In this context, the Special Rapporteur was
informed of studies made in the United States of America claiming that in
Alabama the death penalty was applied disproportionally on the grounds of race
(13 November 1992) .
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632. The Special Rapporteur sent another urgent appeal to the Government of
the United States after receiving reports about the imminent repatriation to
El Salvador of Cesar Vielman Joya Martinez, a defector from a clandestine unit
of El Salvador's First Brigade who had confessed to having participated in
several extrajudicial, summary or arbitrary executions. Concern had been
expressed that his life would be in serious danger if he were to be extradited
to El Salvador. The Special Rapporteur urged the Secretary of State, on whom
the final decision in questions of extradition behoves, to consider the
particular situation of Cesar Vielman Joya Martinez. He requested the
United States of America to refrain from extraditing Mr. Joya Martinez until
the situation in El Salvador was such that he could expect effective
protection against the risk of extrajudicial execution (22 September 1992) .
Other allegations
633. The Special Rapporteur transmitted a further seven cases to the
Government of the United States. Six again concerned the execution of the
death penalty, allegedly in disrespect of the safeguards and restrictions
contained in international instruments relating to capital punishment.
(a) Nollie Martin was sentenced to death for kidnapping, robbery and
murder in November 1978 and executed on 12 May 1992 in the State of Florida.
Allegedly, he had suffered from severe mental illness;
(b) Mark Hopkinson was sentenced to death in September 1978 for having
ordered the murder of J. Green and was executed on 22 January 1992 in the
State of Wyoming. Allegedly, the murderer of J. Green had not been arrested.
At the time of the crime, Mark Hopkinson had allegedly been serving a prison
sentence in California. Allegedly, there was not enough proof to justify the
death penalty;
(c) Robyn Leroy Parks was sentenced to death for a murder in 1977 and
executed on 12 May 1992 in the State of Florida. Allegedly, he had been
denied a hearing in Federal Court in January 1992 in which he sought to
introduce new evidence. According to his lawyers, the new elements could have
proved that he had not committed the murder for which he was sentenced to
death;
(d) Robert Alton Harris was sentenced to death on 6 March 1979 and
executed in a gas chamber on 21 April 1992 in the State of California.
Allegedly, tests performed on his body after the execution revealed severe
organic brain damage;
(e) Justin Lee May was sentenced to death for a murder in 1978 and
executed on 7 May 1992 in the State of Texas. Allegedly, he was executed
although his lawyers, in their petition for clemency, had presented new
evidence, particularly the fact that the witness who had identified
Justin Lee May as the murderer of a woman in 1978 had recanted his testimony
in an affidavit. Moreover, Justin Lee May had allegedly suffered from brain
damage and mental impairment;
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(f) Stephen Douglas Hill was reportedly executed on 7 May 1992 in the
state of Arkansas. It was alleged that after a co-defendant had claimed in
1988 that he, not Stephen Douglas Hill, had killed a police officer in 1984,
Hill was not able to obtain a new trial on those grounds.
634. In addition, the Special Rapporteur transmitted to the Government of the
United States of America the case of Edser Altemaria, a Haitian refugee who
was said to have died on 28 May 1992 while in custody at Krone Detention
Centre in Florida. Allegedly, he did not receive the constant medical care
required by his precarious state of health.
Communications received from the Government
635. The Government of the United States of America has not supplied any
replies to these cases. However, in the case of Cesar Vielman Joya Martinez,
the Special Rapporteur has been informed by the source of the allegations that
on 21 October 1992 the acting Secretary of State had signed the surrender
warrant for Mr. Joya Martinez and that he was returned to El Salvador on
23 October 1992. With regard to the cases of Johnny Frank Garrett and
Edward Fitzgerald, he was informed by the source that both had been executed
as scheduled.
Follow-up on allegations sent in 1991
636. The Special Rapporteur sent a letter to the Government of the
United States of America following up on allegations of extrajudicial, summary
or arbitrary executions transmitted to that country, for which no reply had
been received (see E/cN.4/1992/30, paras. 575-580) .
Venezuela
637. The Special Rapporteur has received a number of reports concerning human
rights violations, including extrajudicial, summary or arbitrary executions,
in the context of demonstrations. Several deaths were said to have been
caused by arbitrary and excessive use of force by members of the security
forces, in particular the Metropolitan Police (PM) , the Criminal
Investigations Police (PTJ) , the National Guard, the Directorate of
Intelligence and Prevention Services (DISIP) and the Directorate of Military
Intelligence (DIM) . Moreover, it was alleged that in many cases those
responsible for human rights abuses had not been brought to justice.
Communications sent by the Special Rapporteur
638. The Special Rapporteur transmitted 14 cases of alleged extrajudicial,
summary or arbitrary executions to the Government of Venezuela. In three
cases, the victims were said to be minors. Six cases allegedly constituted
the violation of the freedom of opinion and expression.
Urgent appeals
639. The Special Rapporteur sent two urgent appeals to the Government of
Venezuela.
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640. The Special Rapporteur intervened with the authorities of Venezuela after
receiving reports about the death of at least nine persons due to excessive
use of force by members of the police and the National Guard against
demonstrators between March and July 1992. The following three persons,
including one minor, were said to have been killed:
(a) Rommer Figueroa Lazardi, by National Guard officials during a
demonstration in Ciudad Guayana, State of Bolivar, on 29 May 1992;
(b) Pedro Jose V squez (16) , by policemen who tried to disperse a
demonstration in Maracay, State of Aragua, on 2 June 1992;
(c) Jose Gregorio Romero Uzc tegui, by police during a demonstration at
the Central University of Venezuela in Caracas on 2 June 1992 (7 July 1992) .
641. The Special Rapporteur also intervened on behalf of JIItonio Rios,
President of the Venezuelan Workers' Federation, at present undergoing trial
before a Venezuelan court. Antonio Rios, who was said to have been the victim
of an attempt against his life and was confined to his home to recover, was
reportedly going to be sent to the same prison in which the author of the
attempted murder was held. The Special Rapporteur requested the authorities
to ensure effective protection for his safety (20 October 1992) .
Other allegations
642. The Special Rapporteur transmitted to the Government of Venezuela 10
further cases of deaths due to excessive use of force (31 August 1992) .
643. Darwin Duncan Capote Rond6n (17), Jose Gregorio Delgado (17) and
Jose Humberto L6pez Arias were allegedly killed by members of the
Metropolitan Police during a students demonstration in Maracarao, Caracas, on
20 November 1991. Five police officials were said to have been arrested.
644. The Special Rapporteur had received reports according to which seven
persons lost their lives on 4 February 1992 in the context of an attempted
military coup against the Government:
(a) Two persons were reportedly shot at close range in Valencia, State
of Carabobo, by policemen who stopped the bus on which they had been riding.
All the passengers, among them some soldiers, were told to get off. Although
the soldiers reportedly handed over their arms without resistance, one of them
was shot at close range. The policemen reportedly also killed Colomba
Guadalupe Rivas, a student who had stayed on the bus;
(b) A shoot-out in Canaima, Valencia, State of Carabobo, on the morning
of 4 February 1992 between soldiers participating in the coup attempt and
police loyal to the constitutional Government reportedly came to an end when
various vehicles of DISIP and the National Guard arrived. After the soldiers
and some civilians accompanying them had handed over their arms, members of
DISIP allegedly executed two soldiers and two students, Gilberto Jose Peffia and
JIIgelo Alberto Ruiz. Reportedly, a student who witnessed the shoot-out,
Jose L. Zerpio Motta, was also killed.
E/cN. 4/1993/46
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Communications received from the Government
645. The Government of Venezuela provided the Special Rapporteur with
information in reply to the urgent appeal sent on behalf of Antonio Rios. It
was stated that due notice had been taken of the Special Rapporteur's
communication, which had been transmitted to the Ministry of Justice so that
all necessary measures might be adopted to comply with the Special
Rapporteur's request and the pertinent international norms and principles
(3 November 1992) .
646. In addition, the Government of Venezuela informed the Special Rapporteur
about the role in the protection of human rights in Venezuela of the
Ministerio PiOElico (Public Ministry) , instituted by the Venezuelan
Constitution as an autonomous and independent entity. It is directed by the
Fiscal General, who is elected by both houses of parliament for a period of
five years and whose tasks include mediation between the citizens and public
institutions, control over the way civil servants and the judiciary discharge
their functions, inspection of other public services and, in particular,
defence of human rights (3 November 1992) .
647. The Government of Venezuela also informed the Special Rapporteur that the
Public Ministry had been asked to provide the information he had requested.
It was, however, not possible for the Public Ministry to submit a report on
the information collected before the closing date of the present report
(23 November 1992) .
Follow-up on allegations sent in 1991
648. The Special Rapporteur sent a letter to the Government of Venezuela
following up on allegations of extrajudicial, summary or arbitrary executions
that had been transmitted to that country in 1991.
649. The Government of Venezuela had replied to these allegations and informed
the Special Rapporteur about the progress of the judicial investigations into
the case of a clandestine mass grave at “La Peste” cemetery, Caracas. The
Special Rapporteur, in his aforementioned letter, expressed his appreciation
of the efforts made by the authorities and asked to be provided with
additional information about all decisions taken as a result of these
procedures or measures adopted as a consequence thereof (see E/cN.4/1992/30,
paras. 582-584) .
Yemen
Communications sent by the Special Rapporteur
650. The Special Rapporteur sent an urgent appeal to the Government of Yemen
after it had been brought to his attention that Mansur Muhammad Ahmad Rajih, a
writer and poet, had been sentenced to death in March 1984 for his political
activities as a member of the National Democratic Front, the principal
opposition group in the former Yemen Arab Republic. Allegedly, his trial had
presented various violations of internationally recognized fair trial
standards (26 June 1992) .
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Communications received from the Government
651. At the time of the preparation of the present report, no communications
had been received from the Government of Yemen.
Follow-up on allegations sent in 1991
652. The Special Rapporteur sent a letter to the Government of Yemen following
up on allegations of extrajudicial, summary or arbitrary executions that had
been transmitted to that country in 1991 and for which no replies had been
received (see E/CN.4/1992/30, paras. 585-586) .
653. The Government of Yemen informed the Special Rapporteur that the case had
been transmitted to the authorities in Sana'a.
Zaire
Communications sent by the Special Rapporteur
654. The Special Rapporteur sent an urgent appeal to the Government of Zaire
after receiving reports that at least 17 persons had been killed and several
hundred others injured when members of the Special Presidential Division
opened fire on participants in a demonstration organized by the Roman Catholic
Church at Kinshasa on 16 February 1992 calling for “peace and hope” and for
the resumption of negotiations on constitutional and political reform which
had been suspended in January 1992 (5 March 1992) .
Communications received from the Special Rapporteur
655. At the time of the preparation of the present report, no communications
had been received from the Government of Zaire.
Follow-up
656. The Special Rapporteur sent a letter to the Government of Zaire referring
to the report presented to the Commission on Human Rights at its forty-eighth
session by his predecessor, Mr. Wako, who visited the country from
8 to 11 May 1992 (E/CN.4/1992/30/Add.1) . In his conclusions, Mr. Wako
indicated his willingness to discuss his report with the Government of Zaire
and announced that he would reflect in his report to the forty-ninth session
of the Commission on Human Rights all the information with which the
Government of Zaire provided him, together with any comments the Government
might deem it appropriate to make in connection with the report (paras. 308
and 309) . The Special Rapporteur conveyed to the Government of Zaire his
readiness to cooperate with the Government of Zaire and invited the
authorities to provide him with the information asked for by his predecessor.
At the time of the preparation of the present report, however, no
communications had been received from the Government of Zaire.
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V. VISITS TO THE FORMER YUGOSLAVIA
657. On 14 August 1992, at its first special session, the Commission on Human
Rights adopted resolution 1992/5-1/1, appointing a Special Rapporteur to
investigate the human rights situation in the former Yugoslavia, in particular
Bosnia and Herzegovina. The Commission asked the Special Rapporteur on the
former Yugoslavia to cooperate in carrying out his mandate with the Special
Rapporteur on extrajudicial, summary or arbitrary executions, the Special
Rapporteur on the question of torture, the Working Group on Arbitrary
Detention and the representative of the Secretary-General on internally
displaced persons. Consequently, the Special Rapporteur on extrajudicial,
summary or arbitrary executions participated in two missions to the territory
of the former Yugoslavia, in August and in October 1992, as well as the
special sessions of the Commission on 14 August and 1 December 1992.
658. During these missions, the Special Rapporteur visited Croatia, Yugoslavia
and Bosnia and Herzegovina, including sector East of the United Nations
Protected Area in Croatia, which includes the city of Vukovar; Sandzak, a
predominantly Muslim area in Serbia and Montenegro, which lies between Kosovo
and Bosnia; Sarajevo and parts of northern Bosnia controlled by Bosnian Serbs.
He spoke with many refugees who had been forced from their homes by ethnic
cleansing or by the ravages of armed conflict, with local and national
authorities, and with the representatives of the international agencies active
in the former Yugoslavia, including the United Nations Protection Forces
(tJNPROFOR), the Office of the United Nations High Commissioner for Refugees
(UNHCR), the International Committee of the Red Cross, the European Community
Monitoring Mission, and the Conference on Security and Cooperation in Europe
(CSCE) monitors. Together with forensic expert Dr. Clyde Snow, who
accompanied the mission as expert consultant, the Special Rapporteur
participated in the location and preliminary investigation of a site near the
city of Vukovar which appeared to be a mass grave.
659. The findings of these missions are contained in three reports submitted
by Mr. Tadeusz Masowiecki, the Special Rapporteur on the former Yugoslavia, to
the Commission and to the General Assembly (E/CN.4/1992/S-1/9,
E/CN.4/1992/S-1/10 and A/47/666) . The following is a brief summary of those
findings, together with some observations concerning the problem of
extrajudicial, summary or arbitrary executions in the former Yugoslavia and
the relevance of this experience for the work of the Special Rapporteur on
extrajudicial, summary or arbitrary executions.
660. Extrajudicial executions are a serious problem in the former Yugoslavia.
This problem is at present most acute in Bosnia and Herzegovina, but there are
indications that a significant number of extrajudicial executions also
occurred during the short war for independence of Croatia in 1991. In
addition, there is a real risk that extrajudicial executions could become more
widespread in other areas, including Kosovo, Sandzak and Vojvodina.
661. “Ethnic cleansing” is one of the main causes of extrajudicial executions,
that is, executions are one of the methods used to force persons to flee their
homes. Some towns and villages were cleansed of their Muslim and/or Croatian
populations in a single brief and brutal operation. This typically involved
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occupation by military or paramilitary forces during daytime, sometimes
preceded by shelling. Once the town or village was occupied, some of the
inhabitants would be executed immediately, usually by shooting or stabbing, in
full view of relatives and neighbours, while others would be taken away by
force and detained in camps. In other cities and towns, executions of Muslim
or Croatian residents occurred sporadically over a longer period of time, as
one of many tactics used to terrorize the Muslim and Croatian population into
fleeing. Such executions are often carried out at night by shooting, by using
explosives against homes or by setting fire to them. In some cases, Muslims
or Croatians are executed in broad daylight for no apparent reason other than
their ethnic background, in order to intimidate the population and force them
to leave.
662. Evidence was also received indicating that executions occurred on a
regular basis in some of the camps in which Muslims and Croatians were
detained in northern Bosnia. In one camp where the testimony of survivors
suggests that hundreds or even thousands of prisoners were killed, most deaths
appeared to be the result of injuries suffered during torture. In another
camp, over a hundred persons were killed in a single incident, apparently in
reprisal for the killing of Serbs in combat in a nearby town. In a third
camp, testimony available indicates that a significant number of prisoners
died from malnutrition and neglect.
663. Testimony of those who managed to escape zones affected by ethnic
cleansing indicates that many were killed during the flight to areas under
Muslim control. In some cases, all men of military age were taken from
convoys and summarily shot. In other cases, vehicles containing families
trying to escape were shot at for no apparent reason. Convoys transporting
refugees often halted several kilometres before the final destination and
passengers were forced to complete the journey on foot, crossing combat zones.
This also caused an indeterminate number of deaths.
664. The use of methods of combat incompatible with international humanitarian
law is another cause of extrajudicial executions. The shelling of civilian
population centres is a common practice, which has caused thousands of
civilian deaths. Sarajevo is the best-known example, but a number of other
cities throughout Bosnia and Herzegovina have also been subjected to arbitrary
shelling of residential areas for months on end.
665. Some cases of deliberate execution of combatants who had been injured or
captured have also been reported, and in certain localities Muslim civilians
were killed in reprisals when news was received that Serbs from the same
community had been killed in combat.
666. The Special Rapporteur also considers that the policy of deliberately
depriving the population of the food, heating, shelter and other essentials
necessary for survival, practised by Bosnian Serbs against the population of
besieged cities and areas, should also be viewed as extrajudicial, summary or
arbitrary execution. The very exigencies of the war in Bosnia and Herzegovina
preclude the gathering of accurate statistics concerning the number of persons
who have died from this cause. However, public health and disaster relief
experts estimate that up to 10 per cent of the entire population of the
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country may not survive the winter, owing to malnutrition, cold and related
causes. These deaths are not unavoidable collateral consequences of the
conflict but are due to the deliberate refusal to allow delivery of sufficient
humanitarian relief.
667. All objective observers involved in trying to bring an end to the
situation in the former Yugoslavia and alleviate the suffering of the victims
agree that all the parties to the conflict have committed serious human rights
violations, including extrajudicial, summary or arbitrary executions.
However, there is abundant evidence that the use of executions as a method of
advancing “ethnic cleansing”, as well as the shelling of civilian population
centres and interference with the delivery of humanitarian relief, are pursued
systematically by the Bosnian Serbs, and that the principal victims are the
Muslims of Bosnia and Herzegovina. Extrajudicial executions also continue to
be carried out in the United Nations Protected Areas, despite the valiant
efforts made by United Nations officials and United Nations Civilian Police to
disarm paramilitary groups, investigate ethnically motivated crimes and
encourage the local authorities to respect the right to life.
668. Most of the extrajudicial executions occurring in Bosnia and Herzegovina
are attributable either to Bosnian Serbian authorities, which do not
constitute a recognized Government, or to paramilitary groups which support
such authorities. Many of the executions reportedly carried out in other
parts of Bosnia and Herzegovina have also been attributed either to irregular
paramilitary forces which supported the recognized governmental control or to
militia composed largely of Bosnian Croats, which are controlled by political
parties or groups rather than any Government. Under the procedures normally
employed, the Special Rapporteur would thus be unable to respond to most of
the executions occurring in Bosnia and Herzegovina, because they are not
attributed to a recognized Government. Moreover, most of the information
concerning executions now in the possession of the Special Rapporteur has been
obtained through the two missions. Very few specific allegations of
executions had been received prior to the first mission.
669. In the opinion of the Special Rapporteur, the term “ethnic cleansing” is
a euphemism. The deliberate and systematic nature of the killing of Muslims
and Croats by Serbs, the dissemination of pseudo-historical and political
rationales for ethnic cleansing, the disarming of the populations concerned
prior to the commencement of cleansing operations and other circumstances
strongly suggest the existence of a policy of killing members of a national,
ethnical or religious group, causing serious bodily harm, and deliberately
inflicting conditions of life calculated to bring about the physical
destruction of the group, in whole or in part, in the terms of the 1948
Convention on the Prevention and Punishment of the Crime of Genocide. In
resolution 1992/S-2/1, adopted by the Commission on Human Rights at its second
special session, on 1 December 1992, all States are called upon “to consider
the extent to which the acts committed in Bosnia and Herzegovina and in
Croatia constitute genocide” in accordance with the aforementioned Convention.
670. The decision of the Security Council, in its resolution 780 (1992), to
create a Commission of Experts to examine information relating to the
violations of humanitarian law being committed in the former Yugoslavia is an
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appropriate response, given the scale of extrajudicial executions occurring
there. The Special Rapporteur has decided to forward to the Commission all
evidence concerning possible war crimes, in particular information concerning
executions committed by de facto authorities and irregular armed groups. It
is to be hoped that the Commission of Experts will begin its investigations in
the very near future, so that its activities may help to prevent or reduce the
number of executions which still continue to occur.
671. This leads the Special Rapporteur to reflect on the way in which similar
situations should be responded to. There are without a doubt other situations
in the world which share certain characteristics with the situation in the
former Yugoslavia: where public opinion is concerned about a large number of
extrajudicial executions, yet where practically no concrete allegations are
forwarded to the Special Rapporteur for action; where part of the territory is
not under government control, and where many deaths are due to unrecognized
authorities, militias or paramilitary groups; where there are special
United Nations peace-keeping or humanitarian relief operations, which in some
cases assume certain quasi-governmental functions. In the future, the Special
Rapporteur believes that it would be useful to explore ways of assuming a more
active role in such situations, possibly in cooperation with other United
Nations rapporteurs, representatives or entities, drawing on the extremely
useful experience gained through his cooperation with the Special Rapporteur
on the former Yugoslavia.
672. The Special Rapporteur would also like to stress two other aspects of
this experience which were extremely positive, and which hopefully could
become more fully integrated into the working methods of the United Nations
human rights system; these are the close cooperation between thematic and
country rapporteurs and the invaluable assistance received from the forensic
and medical experts who participated in the second mission.
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VI. CONCLUSIONS AND RECOMMENDATIONS
673. After 10 years of the existence of the mandate on extrajudicial, summary
or arbitrary executions, the number of such executions has not declined. On
the contrary, there are serious grounds for believing that armed conflicts in
different parts of the world and continuing political violence in a number of
countries have resulted in an increase in violations of the right to life.
During the first six months in his present function, the Special Rapporteur
received, and transmitted to 52 Governments, more than 3,500 allegations
concerning extrajudicial, summary or arbitrary executions. Over and over
again, he has appealed to the competent authorities to ensure respect for, and
effective implementation of, the international standards guaranteeing the
right to life of every person.
674. Moreover, in 189 of the cases transmitted, where the victims were said to
be under 18 years of age, the Special Rapporteur has recalled to the
Governments concerned the specific guarantees for the right to life of minors
as contained in the Convention on the Rights of the Child and other pertinent
international instruments.
675. There were 519 cases that concerned alleged violations of the right to
freedom of opinion and expression, religion and peaceful assembly and
association. The Special Rapporteur was particularly concerned at the high
number of allegations concerning violations of the right to life in the
context of violence against participants in demonstrations and other public
manifestations, journalists and members of trade unions or political
movements.
676. In over 40 cases, the Special Rapporteur recalled to the Governments
concerned the obligation, as provided for in Commission on Human Rights
resolution 1992/59, to ensure effective protection of the right to life of
those who avail themselves of United Nations human rights procedures by
providing evidence, testimony or legal assistance, and of relatives of victims
of human rights violations.
A. ALLEGATIONS RECEIVED AND ACTED UPON BY THE SPECIAL RAPPORTEUR
677. The allegations of extrajudicial, summary or arbitrary executions brought
to the attention of the Special Rapporteur in 1992 comprised a wide range of
different types of violations of the right to life addressed in a number of
international instruments (see chapter II ) . In the light of information
received from non-governmental organizations and some Governments, the Special
Rapporteur would like to make the following remarks.
Violations of the right to life in connection with the death penalty
678. In so far as crimes subject to the death penalty are concerned, article 6
of the International Covenant on Civil and Political Rights provides: “In
countries which have not abolished the death penalty, sentence of death may be
imposed only for the most serious crimes . The General Assembly has
referred to article 6 as forming part of the “minimum standard of legal
safeguards” for the protection of the right to life in a number of resolutions
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concerning summary or arbitrary executions, most recently in paragraph 12 of
resolution 45/162 of 18 December 1990, and the Special Rapporteur considers
that article 6 has become a rule of customary international law. The Human
Rights Committee, which has competence to issue comments concerning the
standards contained in that Covenant, has made the following observation
concerning the words “most serious crimes” in article 6: “The Committee is of
the opinion that the expression most serious crimes' must be read
restrictively to mean that the death penalty should be a quite exceptional
measure” (A/37/40, annex V . general comment 6 (16) , para. 7) . The Committee
further stated: “The article also refers generally to abolition in terms
which strongly suggest that abolition is desirable. The Committee concludes
that all measures of abolition should be considered as progress in the
enjoyment of the right to life (ibid., para. 6).
679. Consequently, all tendencies countering this trend towards the
limitation, and eventual abolition, of the death penalty should be carefully
scrutinized. They may include, for example, the reintroduction of the death
penalty in countries that have signed the Second Optional Protocol to the
International Covenant on Civil and Political Rights, aiming at the abolition
of the death penalty. Legislation providing for capital punishment for crimes
which were previously not subject to the death penalty, or the non-respect of
the restriction of the imposition and execution of the death penalty against
minors, pregnant women or young mothers and mentally deficient persons, also
constitute contraventions of the pertinent international instruments. As
concerns the information received by the Special Rapporteur, concerns have
been raised by the broadening of the range of offences subject to capital
punishment in China (see above, paras. 183-184) as well as allegations
concerning the execution of persons suffering from severe mental retardation
in the United States of America (see above, paras. 629, 630 and 632) and of
persons under 18 at the time of commission of the offence in Saudi Arabia (see
above, para. 509) and the United States of America (see above, para. 624) .
680. In monitoring the existing standards relating to the death penalty, the
Special Rapporteur has directed his attention particularly to the procedures
in trials leading to the imposition of capital punishment. Such trials should
conform to the highest standards of independence, competence, objectivity and
impartiality of the judges, and all safeguards and guarantees for a fair trial
must be fully respected, in particular as regards the right to defence and the
right to appeal and to seek pardon or commutation of the sentence. A number
of cases brought to the attention of the Special Rapporteur concerned the
alleged violation of the guarantees and safeguards for a fair trial in
procedures leading to the imposition of capital punishment in Afghanistan,
Azerbaijan, Burundi, China, Cuba, Equatorial Guinea, the Islamic Republic of
Iran, Iraq, Malawi, Pakistan, Saudi Arabia, United States of America and
Yemen.
Deaths in custody
681. In so far as deaths in custody are said to occur as a consequence of
torture, efforts should be made to ensure full respect of the international
norms and principles prohibiting any form of torture or other cruel, inhuman
or degrading treatment. Prison guards and other law enforcement personnel
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should receive training so as to be familiar with these norms as well as the
rules and regulations concerning the use of force and firearms to prevent
escape or control disturbances. The Special Rapporteur received allegations
of deaths in custody as a result of torture in Angola, Bangladesh, China,
Cuba, India, Israel, Lesotho, Myanmar, Pakistan, Peru, Rwanda, South Africa,
Thailand, Tunisia and Turkey.
682. With regard to deaths in custody caused by the general situation in
prisons and detention centres, in particular by starvation or lack of medical
care, the Special Rapporteur would like to appeal to all Governments to ensure
that conditions of detention in their countries conform to the Standard
Minimum Rules for the Treatment of Prisoners and other pertinent international
instruments. Conditions of detention which constitute a danger to the lives
of the inmates cannot be justified by a lack of human or financial resources.
The Special Rapporteur is particularly concerned by reports that such
conditions of detention may even be the expression of a deliberate policy of
negligence, as was alleged in the case of Cameroon (see above para. 158) .
Deaths due to use of force by law enforcement officials
683. The Special Rapporteur has received a considerable number of allegations
concerning violations of the right to life as a consequence of excessive or
arbitrary use of force. To avoid such incidents, law enforcement officials
should receive adequate training to make them fully aware of the restrictions
on the use of force that are provided for in the pertinent international
instruments, Of particular concern are reports about deaths resulting from
violence against participants in demonstrations and other manifestations
exercising their right to freedom of opinion and expression and peaceful
assembly. Cases in this category were reported to the Special Rapporteur in
Bangladesh, Burundi, Colombia, Cuba, Egypt, Guatemala, Haiti, India, Iraq,
Israel, Kenya, Lesotho, Mexico, Myanmar, Paraguay, Peru, the Philippines,
Rwanda, South Africa, Sri Lanka, Turkey, and, with regard to violence against
demonstrators, in Cambodia, Colombia, the Dominican Republic, Haiti, India,
Lesotho, Morocco, South Africa, Turkey, Venezuela and Zaire.
Violations of the right to life during armed conflicts
684. The rising number of armed conflicts in various parts of the world has
led to an alarming increase in the number of deaths, both of combatants and of
civilians not participating in the hostilities. In this context, and in the
light of the impressions and experience gathered during his visits to the
former Yugoslavia, the Special Rapporteur would like to draw the attention of
the international community to the phenomenon of communal violence, understood
as acts of violence committed by groups of citizens of a country against each
other, in some cases with active or at least passive support of the
government. Instances of such communal violence have been reported to the
Special Rapporteur, for example in the Chittagong Hill Tracts of Bangladesh or
in Sri Lanka. The danger that such conflicts may extend and evolve into a
larger armed conflict, or even a civil war, must not be underestimated; once
that has happened, very little can be done to diminish the number of victims,
let alone prevent the killing of civilians, including women, children and
elderly people. The Special Rapporteur calls on the international community
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to provide for mechanisms that may deal effectively with problems of communal
violence, closely monitoring and bringing to an end those already under way
and preventing new conflicts from escalating and endangering the right to life
and physical integrity of a large number of people.
Expulsion of persons to a country where their life is in danger
685. As in former years, the Special Rapporteur has received reports
indicating that the imminent extradition of one or more persons might result
in their extrajudicial, summary or arbitrary execution in the receiving
country. All Governments should take due notice of the norms and principles
contained in international instruments that refer to this particular question.
They should refrain from extraditing a person in circumstances where his or
her safety is not fully ensured.
Obligation to investigate
686. Measures taken by Governments to open independent and impartial
investigations with a view to identifying and bringing to justice those
responsible for human rights violations constitute one of the main pillars of
the effective protection of human rights. Consequently, a climate of impunity
for human rights violators contributes to a great extent to the persistence
of - and sometimes even to an increase in - human rights abuses in a number of
countries. The Special Rapporteur has received many allegations concerning
breaches of the obligation to investigate violations of the right to life. On
repeated occasions, he has reminded the Governments concerned of this
obligation, and he would like to reiterate the appeal to all Governments to
implement effectively the norms and principles contained in the pertinent
international instruments. As only one particular issue in this context that
will be the object of close and constant scrutiny in his future work, the
Special Rapporteur would like to mention the problem of the prosecution of
members of the security forces in military trials. Special attention will be
given to the procedures before such courts, which should not fall short of the
internationally recognized standards for a fair trial. Moreover, sanctions
imposed as a result of such procedures should not, in practice, amount to
disguised impunity.
Genocide
687. The Special Rapporteur has observed a certain reluctance in the
international community to use the term “genocide”, even when reference is
made to situations of particularly grave violations of the right to life which
seem to clearly match the criteria contained in the Convention on the
Prevention and Punishment of the Crime of Genocide. In particular, the
description of atrocities committed with intent to destroy, in whole or in
part, a national, ethnic, racial or religious group as “ethnic cleansing”
almost seems to be a euphemism (see also above para. 669) . While the
international community has taken action on the case of the former Yugoslavia,
other conflicts may also warrant careful attention. Once again, the Special
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Rapporteur would like to refer to the problem of communal violence. All
measures should be taken to prevent acts of communal violence from
degenerating into large-scale killings that may reach the dimension of
genocide.
Rights of the victims
688. With regard to compensation granted to the families of victims of
extrajudicial, summary or arbitrary executions, very little has been reported
to the Special Rapporteur. Only the Government of Tunisia informed the
Special Rapporteur that, irrespective of the outcome of judicial proceedings
against those presumably responsible for the extrajudicial, summary or
arbitrary killing of two men, a monthly allowance had been granted to their
families. The Special Rapporteur wishes to emphasize the need to establish
mechanisms or procedures for providing indemnification for relatives of
victims of extrajudicial, summary or arbitrary executions, and particularly
their dependents, on a systematic basis. The Special Rapporteur would
therefore like to appeal to all Governments concerned to comply with the norms
and principles contained in the pertinent international instruments.
B. OTHER PROCEDURAL ASPECTS
689. As concerns the procedures resorted to in the exercise of his mandate,
the Special Rapporteur wishes to take up once again some issues that were
already mentioned in chapter I, section B, of the present report, in the light
of the particular importance which he attaches to these questions.
Allegations
690. In the first place, the Special Rapporteur wishes to thank all the
non-governmental organizations that have sent him allegations relevant to his
mandate, thus providing the basis for his work. Without their efforts, very
little could have been done. The number of non-governmental organizations
that submit allegations to the Special Rapporteur is increasing. The Special
Rapporteur views this as a positive development. The positive contribution
which non-governmental organizations can make to the effective promotion and
protection of human rights is well known and has often been recognized by the
Commission on Human Rights and the General Assembly. Consequently, the
Special Rapporteur feels that it is incumbent upon him to encourage new human
rights organizations to make use of international procedures for the
protection of human rights, in particular the right to life.
691. The Special Rapporteur will continue his efforts to examine allegations
carefully before transmitting them to the Governments concerned. However, as
already indicated, he will in principle transmit all cases of alleged
extrajudicial, summary or arbitrary executions unless he has serious grounds
to believe that the information brought to his attention is not credible. In
this regard, the Special Rapporteur wishes to emphasize that such
communications should not be understood in a negative way, as accusations.
Rather, he believes that if the allegations are untrue Governments should make
use of the possibility to so inform the international community. If, on the
other hand, instances of extrajudicial, summary or arbitrary executions do
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exist in a given country, the Government may wish to avail itself of the
Special Rapporteur's offer of assistance and collaboration to bring this
phenomenon to a halt. In transmitting the allegations, the Special Rapporteur
endeavours to provide the Governments concerned with a maximum of details so
as to enable them to identify the case and respond in a meaningful way.
Replies
692. Although Governments were encouraged by the Commission on Human Rights,
in its resolution 1992/41, to respond expeditiously to requests for
information made to them, in many cases the Special Rapporteur has not
received any replies to the allegations he transmitted. With regard to the
communications sent by the Special Rapporteur in 1992, this applies to:
Afghanistan, Angola, Azerbaijan, Burundi, Cambodia, Chile, Dominican Republic,
Equatorial Guinea, Haiti, Honduras, Islamic Republic of Iran, Iraq, Israel,
Lesotho, Malaysia, Mali, Nepal, Pakistan, Paraguay, Rwanda, Saudi Arabia,
South Africa, Sudan, Togo, Ukraine, United States of America, Yemen and Zaire.
Some of these countries (Haiti, South Africa, Zaire) have not provided any
information at all since the existence of the mandate. The Special Rapporteur
is aware of the fact that in some cases it may be difficult for Governments to
provide information in time for their consideration in the preparation of the
yearly report. The Special Rapporteur will continue his efforts to seek
dialogue and cooperation with all Governments. Nevertheless, in cases where a
Government keeps silence systematically and over years, the Special Rapporteur
would like to seek guidance from the Commission on Human Rights as to what
could be done to encourage better cooperation.
693. In other cases, Governments do reply. The Special Rapporteur welcomes
the will to cooperate shown by these Governments. China, Cuba, Egypt,
Ethiopia, Ghana, Kenya, Morocco and Tunisia have provided replies to all cases
transmitted in 1992. The Governments of Bangladesh, Brazil, Colombia,
El Salvador, Guatemala, India, Malawi, Mexico, Myanmar, Peru, the Philippines,
Sri Lanka, Thailand, Turkey and Venezuela forwarded information concerning
some of them. Brazil, Colombia, Guatemala, India, Kenya, Peru, the
Philippines, Sri Lanka and Tunisia informed the Special Rapporteur that some
or all of the cases transmitted were being looked into by the competent
authorities and that the results of their investigations would be forwarded as
soon as they were available.
694. In an effort to enhance the effectiveness of the replies for the
evaluation of the efforts undertaken by a Government to promote protection of
the right to life, the Special Rapporteur has supplied the Governments for the
first time since the beginning of the mandate with a list of questions
indicating elements he would like to dispose of for this purpose (see above
para. 79) . In the future, the Special Rapporteur will endeavour to establish
a list of conditions which, if fulfilled, would permit to consider a case as
“clarified” .
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Visits and cooperation
695. Once again, the Special Rapporteur wishes to stress the importance of
on-site visits and their purpose of enhancing cooperation with Governments in
the common effort to ensure respect for, and protection of, the right to life.
The Special Rapporteur will continue to seek invitations to visit countries
and to offer his assistance and collaboration. As has been the case in August
and October 1992, the Special Rapporteur is also ready to respond quickly to
needs of urgent intervention in particularly grave situations.
696. The Special Rapporteur equally offers his collaboration and assistance to
other United Nations mechanisms and procedures working in the field of human
rights, particularly with regard to the right to life. As stated before,
first steps in this direction have been made, for example through contacts
with other special rapporteurs and representatives of the Commission,
including two joint missions to the former Yugoslavia, participation in the
preparatory process for the World Conference on Human Rights and
correspondence with special United Nations procedures monitoring peace and
transition processes in various countries. With regard to the latter, the
Special Rapporteur was particularly pleased by a letter from the head of the
Human Rights Division of ONUSAL, providing him with information on the
allegations he had transmitted to the Government of El Salvador. It is hoped
that this kind of cooperation can be maintained and extended in the future.
697. In situations where serious problems affecting the right to life exist
without any doubt but the Special Rapporteur does not receive any
allegations - for example, those of Somalia, Liberia and various republics of
the former Soviet Union - the Special Rapporteur faces particular
difficulties. Sometimes it is difficult to identify the authorities to which
communications might be addressed in such armed conflicts where non-
governmental entities, often not recognized by the international community,
seem to control parts, or the entire territory, of a country. In order to be
able to respond to at least some of these particular situations, the Special
Rapporteur intends to offer his collaboration and assistance to United Nations
mechanisms already existing in these countries, such as special
representatives or other missions of the Secretary-General.
698. Moreover, as regards a more particular aspect of cooperation,
particularly relevant to his mandate, the Special Rapporteur would like to
refer to the moves towards the institution of a standing team of forensic
experts who could assist special rapporteurs in assessing, among other things,
the reasons for the decease of a person purported to be a victim of
extrajudicial, summary or arbitrary execution. They may also provide
invaluable assistance in the examination of mass graves or clandestine
cemeteries. This was shown clearly during the second mission to Yugoslavia in
October 1992, in which two forensic experts participated. The Special
Rapporteur wishes to encourage the international community to create a team of
forensic experts, as was envisaged in Commission on Human Rights
resolution 1992/24.
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699. The Special Rapporteur would also favour an increase in contacts with the
sources of allegations. In particular, he would wish to inform them if urgent
appeals have been sent as a reaction to the allegations submitted to him. The
Special Rapporteur hopes that, in the future, he will have the necessary
support - in particular, adequate human resources to ensure proper servicing
of the mandate - to be able to do so.
Resources
700. Another important aspect regarding the effective functioning of the
mandate are the resources, both human and material, the Special Rapporteur
disposes of to assist him at the secretariat. If he wishes to respond
effectively to the demands addressed to him by the Commission on Human Rights
to ensure follow-up, carry out visits and enhance dialogue and cooperation
with Governments and other United Nations procedures and mechanisms, and if,
in addition to these tasks, he wishes to provide the international community
with a more comprehensive picture of the phenomenon of extrajudicial, summary
or arbitrary executions by improving the quality of the allegations sent to
Governments and giving more attention to a thorough evaluation of replies,
developments, patterns etc., one professional staff member at the Centre for
Human Rights will not be sufficient. The amount of information received and
the increase in the amount of attention and time which the more careful
treatment of this information requires would necessitate three professional
staff members on a full-time basis and one secretary, also full-time.
701. The Centre for Human Rights should be equipped with appropriate computer
facilities to establish the data bases necessary to ensure effective follow-
up. The Centre should also dispose of a proper fax number so that
communications, in particular those that warrant urgent action by any of the
thematic special rapporteurs or working groups, can be dealt with as rapidly
as possible.
702. With regard to financial resources, the Special Rapporteur was rather
surprised at the lack of clarity concerning the financial means at his
disposal. It would be most helpful if he could be informed, at the beginning
of each year or reporting cycle, how much money was available for the exercise
of the mandate, so as to allow him to plan for on-site visits and other
activities related to the mandate. The present practice, which consists in
requesting permission for each visit without knowing the total amount of
resources available poses serious problems with regard to the priorities the
Special Rapporteur might wish to determine for the exercise of his functions.
In the interest of enhanced transparency concerning the financing of mandates,
the Special Rapporteur would like to request the United Nations to pay
attention to this particular problem.
Publicity
703. The Special Rapporteur has also given some reflection to the question of
the publicity given to his mandate. These considerations might also be of
interest to other special rapporteurs and working groups, in particular those
dealing with thematic mandates. In this context, he should once more
underline the importance of the work of non-governmental organizations in
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providing him with information. Measures should be taken to ensure the widest
possible distribution of the reports and information such as the “fact sheets”
published by the Centre for Human Rights to these organizations so as to
encourage them to cooperate with the procedures of the Commission on Human
Rights. United Nations information centres thoughout the world could be of
great importance in this context. Libraries, universities, research centres
etc. should also be provided with copies of the reports.
704. One problem that arises in this context is the presentation of the
reports itself. The Special Rapporteur is aware that his report, in its
present form, is not very attractive. While he will make every effort to
improve the part he is concerned with - the contents of the report - to
eventually make it a comprehensive description of the phenomenon of
extrajudicial, summary or arbitrary executions in the world, a change of the
very presentation of the document might be considered by the competent
instances within the United Nations. The Special Rapporteur could envisage,
for example, a more attractive cover, using one or more colours and
highlighting the title of the report so as to make it easily recognizable, and
the inclusion of illustrations, of photographs or maps, as appropriate.
705. To broaden public awareness of the existence of a mandate of the
Commission on Human Rights on extrajudicial, summary or arbitrary executions,
the Special Rapporteur also intends to provide more information to the press
than in the past. Press conferences could be held, for example on the
occasion of the presentation of the report but also in cases where special
situations warrant particular attention to violations of the right to life,
and press communiques could be one of the means employed for this purpose.
Prevention of extrajudicial, summary or arbitrary executions
706. As said before, 10 years of the existence of a mandate on extrajudicial,
summary or arbitrary executions have not led to the abolition of the
phenomenon. Violations of the right to life persist in a variety of forms,
ranging from isolated cases, through a more systematic pattern favoured by a
“hands off” policy on the part of the authorities, to killings and death
threats as a deliberate State policy which at times touches the limits of war
crimes and genocide. While ensuring the rights of the victims of such human
rights abuses and their families, the efforts made by the international
community to curb the phenomenon of extrajudicial, summary or arbitrary
executions in the long term must focus on ways and means of preventing them
from taking place. These include a genuine will and effective measures to put
into practice the international standards already existing, as well as
endeavours to improve them where shortcomings are identified. The Special
Rapporteur calls once again on the international community to reinforce all
its efforts towards the effective prevention of violations of the right to
life and wishes to reiterate his entire availabilty and his readiness to
provide the fullest collaboration and assistance in this cause of common
concern.
