Aadel Collection
Report by the Special Rapporteur, Mr. Bacre Waly Ndiaye, submitted pursuant to Commission on Human Rights resolution 1993/71
Distr.
GENERAL
E/CN. 4/1994/7
7 December 1993
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Fiftieth 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 1993/71
E/cN. 4/1994/7
page 5
Introduction
1. The present report is submitted pursuant to Commission on Human Rights
resolution 1993/71 of 10 March 1993, entitled “Extrajudicial, summary or
arbitrary executions” .
2. This report is the second presented to the Commission on Human Rights by
Mr. Bacre Waly Ndiaye. It is the eleventh since the mandate was established
by the Economic and Social Council in its resolution 1982/35 of 7 May 1982.
3. In chapter I of the present report, the Special Rapporteur refers to the
terms of reference for the discharge of his mandate in conformity with the
aforementioned resolution as well as requests, made to him by the Commission
on Human Rights in other resolutions, to pay special attention to a number of
issues related to violations of the right to life. Chapter I also contains
comments on the procedures followed by the Special Rapporteur during 1993 and,
in particular, development of these procedures since he first took up his
mandate in 1992. In chapter II, the Special Rapporteur provides a short
overview of the legal framework for his mandate. In chapter III, he describes
the activities undertaken since the finalization of his report to the
Commission on Human Rights at its forty-ninth session. Chapter IV contains
country-specific situations in which the Special Rapporteur has pursued his
mandate: these include an analysis, in general terms, of allegations received
concerning violations of the right to life as well as a summary of the
correspondence with the Governments regarding allegations received since 1992.
Where pertinent, the Special Rapporteur also makes observations on issues of
particular interest to the mandate. In chapter V, the Special Rapporteur
refers to violations of the right to life in the former Yugoslavia. Finally,
in chapter VI, the Special Rapporteur sets forth his conclusions and closes
his report with recommendations designed to ensure in future more effective
respect for the international instruments and standards to which his mandate
refers.
4. Two addenda to the present report (E/cN.4/1993/7/Add.1 and Add.2) contain
the findings and concerns of the Special Rapporteur with regard to the
situation of the right to life in Rwanda and Peru on the basis of on-site
visits carried out in 1993. In these mission reports, the Special Rapporteur
also provides observations, conclusions and recommendations.
E/CN. 4/1994/7
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I. THE MANDATE
5. In this chapter, the Special Rapporteur will address first the terms of
reference for the discharge of his mandate as set forth by a number of
Commission on Human Rights resolutions. These resolutions provide the
framework for both the issues to be examined by the Special Rapporteur, with
particular emphasis on certain areas of special concern, and the procedures to
be followed in doing so.
A. Terms of reference
6. The Commission on Human Rights, in resolution 1993/71, requested the
Special Rapporteur “to continue to examine situations of extrajudicial,
summary or arbitrary executions” (para. 5) . In the same resolution, the
Commission also requested the Special Rapporteur “to pay special attention to
extrajudicial, summary or arbitrary executions of children and to allegations
concerning violations of the right to life in the context of violence against
participants in demonstrations and other peaceful public manifestations”
(para. 6) ; and “to continue monitoring the implementation of existing
international standards on safeguards and restrictions relating to the
imposition of capital punishment” (para. 9) .
7. 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 1993/39, entitled “Staff members of the
United Nations and of the specialized agencies in detention”, the Special
Rapporteur is requested to examine cases involving the violations of the right
to life of staff members of the United Nations system and their families, as
well as experts, special rapporteurs and consultants, and to transmit the
relevant part of his report to the Secretary-General for inclusion in his
report to the Commission on Human Rights;
(b) In resolution 1993/41, 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 (...) and to provide, wherever appropriate, specific
recommendations in this regard”;
(c) In resolution 1993/45, entitled “Right to freedom of opinion and
expression”, the Commission invites special rapporteurs to pay attention,
within the framework of their mandates, to the situation of persons detained,
subjected to violence, ill-treated or discriminated against for having
exercised the right to freedom of opinion and expression;
(d) In resolution 1993/46, entitled “Integrating the rights of women
into the human rights mechanisms of the United Nations”, the Commission
requests all special rapporteurs “in the discharge of their mandates,
regularly and systematically to include in their reports available information
on human rights violations affecting women”;
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(e) In resolution 1993/47, entitled “Human rights and thematic
procedures”, the Commission, inter alia , requests the thematic special
rapporteurs to include in their reports gender-disaggregated data, as well as
comments on problems of responding and the result of analyses, as appropriate,
in order to exercise their mandates even more effectively;
(f) In resolution 1993/48, entitled “Consequences for the enjoyment of
human rights of acts of violence committed by armed groups that spread terror
among the population and by drug traffickers”, the Commission requests all
special rapporteurs to continue paying particular attention to the adverse
effect on the enjoyment of human rights of such acts of violence committed by
armed groups, regardless of their origin, that spread terror among the
population and by drug traffickers;
(g) In resolution 1993/54, entitled “Civil defence forces”, the Special
Rapporteur is invited to continue 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 1993/64, entitled “Cooperation with representatives
of United Nations human rights bodies”, the Special Rapporteur is requested to
continue to take urgent steps to help prevent the occurrence of intimidation
and reprisals against persons who seek to cooperate, or have cooperated with
United Nations human rights procedures, as well as relatives of victims of
human rights violations, and to continue to include in his report to the
Commission on Human Rights a reference to allegations of intimidation or
reprisal, or of hampering access to United Nations human rights procedures, as
well as an account of action he has taken in this regard;
(i) In resolution 1993/70, entitled “Human rights and mass exoduses”,
the Commission recommends that special rapporteurs “pay attention to problems
resulting in mass exoduses of populations and, where appropriate, report and
make relevant recommendations to the Commission on Human Rights”;
(j) In resolution 1993/81, entitled “The plight of street children”,
the Special Rapporteur is called upon to pay particular attention to the
plight of street children.
8. 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 country-specific situations. They
will also be addressed in the conclusions and recommendations contained in
chapter V of the present report.
B. Extrajudicial, summary or arbitrary executions
9. The “situations of extrajudicial, summary or arbitrary executions”
which the Special Rapporteur is requested to investigate comprise a variety
of cases. All acts and omissions of State representatives that constitute a
violation of the general recognition of the right to life embodied in the
Universal Declaration of Human Rights (art. 3) and the International Covenant
on Civil and Political Rights (art. 6 and also arts. 2, 4 (2), 26 and,
E/CN. 4/1994/7
page 8
particularly with regard to the death penalty, also arts. 14 and 15) , as well
as a number of other treaties, resolutions, conventions and declarations
adopted by competent United Nations bodies, fall within his mandate.
10. The most important of these instruments are:
(a) The Principles on the Effective Prevention and Investigation of
Extra-legal, Arbitrary and Summary Executions (Economic and Social Council
resolution 1989/65 of 24 May 1989) ;
(b) The Safeguards guaranteeing protection of the rights of those
facing the death penalty (Economic and Social Council resolution 1984/50 of
25 May 1984) and their implementation (Economic and Social Council
resolution 1989/64 of 24 May 1989) ;
(c) The Declaration on the Protection of All Persons from Being
Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (General Assembly resolution 3452 (XXX) of 9 December 1975) ;
(d) The Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (General Assembly resolution 39/46 of
10 December 1984) ;
(e) 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 (Economic and Social Council resolution 663 C (XXIV)
of 31 July 1957 and 2706 (LXII) of 13 May 1977) ;
(f) The Basic Principles for the Treatment of Prisoners
(General Assembly resolution 45/111 of 14 December 1990) ;
(g) The Body of Principles for the Protection of All Persons under
JIIy Form of Detention or Imprisonment (General Assembly resolution 43/173
of 9 December 1988);
(h) The United Nations Standard Minimum Rules for the Administration
of Juvenile Justice (“The Beijing Rules”) (General Assembly resolution 40/33
of 29 November 1985) ;
(i) The Convention on the Rights of the Child (General Assembly
resolution 44/25 of 20 November 1989);
(j) 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
(Havana, 27 August-7 September 1990) ;
(k) The Code of Conduct for Law Enforcement Officials (General Assembly
resolution 34/169 of 17 December 1979) ;
(1) The Geneva Conventions of 12 August 1949 and the Additional
Protocols thereto of 1977;
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(m) The Declaration on the Protection of Women and Children in
Emergency and Armed Conflict (General Assembly resolution 3318 (XXIX)
of 14 December 1974) ;
(n) The Convention relating to the Status of Refugees (General Assembly
resolution 429 (V) of 14 December 1950) ;
(o) The Convention on the Prevention and Punishment of the Crime of
Genocide (General Assembly resolution 260 A (III) of 9 December 1948) ;
(p) The Declaration of Basic Principles of Justice for Victims of Crime
and Abuse of Power (General Assembly resolution 40/34 of 29 November 1985) .
11. An analysis of the provisions of these international instruments relevant
to the protection of the right to life makes it possible to group these
situations according to the following categories:
(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) Genocide;
(g) Breach of the obligation to investigate violations of the right to
life;
(h) Breach of the obligation to provide compensation to victims of
violations of the right to life.
12. A detailed analysis of these categories, together with a summary of the
provisions contained in international instruments specifically relating to
them, can be found in chapter I I of the Special Rapporteur's report to the
Commission on Human Rights at its forty-ninth session (E/cN.4/1993/46,
paras. 42-68).
E/CN. 4/1994/7
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II. METHODS OF WORK
13. In resolution 1993/71, the Commission on Human Rights requested the
Special Rapporteur “to respond effectively to information which comes before
him, in particular when an extrajudicial, summary or arbitrary execution is
imminent or threatened or when such an execution has occurred” (para. 10) .
By the same resolution, the Commission 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, as well as by following up on recommendations made by
the Special Rapporteur in reports on on-site visits to particular countries”
(para. 16).
14. Resolution 1993/47 of the Commission contains a number of provisions
regarding visits and follow-up visits by thematic special rapporteurs;
follow-up on recommendations made by them as well as on progress made by
Governments with regard to their specific mandates; cooperation between
thematic procedures and non-governmental organizations as well as between
thematic special rapporteurs and working groups, relevant treaty bodies and
country rapporteurs.
15. On the basis of these provisions, the Special Rapporteur has continued to
transmit allegations of violations of the right to life to the Governments
concerned in the form of urgent appeals and letters. The follow up to such
communications has been intensified. Furthermore, the Special Rapporteur has
carried out visits to Rwanda and Peru and enhanced his cooperation with
non-governmental organizations as well as other United Nations human rights
procedures.
16. In his report to the Commission on Human Rights at its forty-ninth
session, the Special Rapporteur presented a detailed analysis of the
procedures established and developed in the course of the first 10 years of
the mandate. He also described in detail certain difficulties encountered
with regard to these procedures during the first six months of his activity as
Special Rapporteur (E/CN.4/1993/46, paras. 11-41 and 689-705). In 1993, the
Special Rapporteur continued his efforts to increase the effectiveness of the
mandate through further refinement of the criteria for the evaluation of
communications containing allegations and of government replies thereto. A
number of questions have arisen as a result of these increased follow-up
activities. This chapter contains a description and analysis of the Special
Rapporteur's methods of work.
A. Allegations received by the Special Rapporteur
17. The Special Rapporteur continues to discharge his mandate mainly on
the basis of information brought to his attention by non-governmental
organizations, Governments, individuals and some intergovernmental
organizations. These communications contain specific cases of alleged
extrajudicial, summary or arbitrary executions or death threats, and/or
general information about questions related to the right to life.
During 1993, the Special Rapporteur received a large number of general
E/cN. 4/1994/7
page 11
allegations, in particular with regard to legislation or practices concerning
the death penalty or the phenomenon of impunity and its impact on the
perpetuation of violations of the right to life in certain countries.
Credibility of sources
18. While many of the non-governmental organizations and individuals
providing allegations are well known to the Special Rapporteur and other
United Nations human rights procedures as sources of credible information,
sometimes allegations are received from less well-known non-governmental
organizations or entirely new sources.
19. In his report to the Commission on Human Rights at its forty-ninth
session, the Special Rapporteur outlined the main criteria applied in the
evaluation of such allegations, namely the degree of detail they contain
concerning the victim and the precise circumstances of the incident (see
E/CN.4/1993/46, paras. 16-17) . Where doubts persist, the Special Rapporteur
will continue to seek corroboration of allegations from other sources of
undisputed credibility.
20. The extent to which information received from Governments in their
replies is taken into account in evaluating the credibility of the sources
will increase as the latter are informed of the contents of these replies
and invited to provide comments and/or additional clarifications and
information within the follow-up procedure recently initiated (see below,
paras. 32-63). As already expressed in the Special Rapporteur's report to
the Commission on Human Rights at its forty-ninth session (E/CN.4/1993/46,
para. 18) , information provided by Governments that simply clarifies facts
reported by a non-governmental organization or sheds new light on them does
not 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 incidents may
differ. The situation may change where Governments state in their replies
that allegations submitted to the Special Rapporteur were unfounded or
substantially distorted. The way in which the sources of allegations
respond to the Special Rapporteur's requests for comments on the contents of
government replies and/or additional details to clarify the cases submitted by
them will provide the Special Rapporteur with a basis for assessing
reliability of the sources.
Information required to process allegations of extrajudicial, summary or
arbitrary executions
21. While there is no formal procedure for the submission of allegations,
certain requirements should be met so as to enable the Special Rapporteur to
bring appropriate cases to the attention of the Governments concerned without
unnecessary delay. The following points indicate which type of information is
needed. This may serve as guidance for those wishing to submit cases of
alleged violations of the right to life:
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(a) Information regarding the victim: full name; age; sex; place of
residence or origin; profession and/or any activities, if related to the
alleged extrajudicial execution or threat; any other pertinent information
that may help identify a person (e.g. the registry number of a prisoner or the
number of his passport or identity card);
(b) Information regarding the event: date; place; description of how
the events occurred; in cases of alleged violations of the right to life in
connection with the death penalty, detailed information on shortcomings with
regard to fair trial guarantees, pertinent legislation, texts of sentences
imposed and appeal submissions, etc.;
(c) Information regarding the alleged perpetrators, including an
explanation of the reasons why they are suspected to be responsible: names,
if known; if they are members of the security forces, their rank, functions,
the unit or service to which they belong, etc.; if they are members of civil
defence groups, paramilitary or other forces, details on how these forces
relate to the State (e.g. cooperation with State security forces including
information on chains of command; State connivance with, or tolerance of their
operations, etc.);
(d) Information regarding steps taken by the victims or their families
and, in particular, about complaints filed (by whom; before which organ) . If
no complaints where filed, why not;
(e) Information regarding steps taken by the authorities to investigate
the alleged violation of the right to life and/or measures adopted to protect
persons under threat as well as to prevent similar incidents in the future, in
particular: if complaints were filed, the action taken by the competent
organs upon their receipt; progress and status of investigations at the time
of the submission of the allegation; where the results of the investigation
are said to be unsatisfactory, explanation of why this is so;
(f) Information regarding the source of the allegations: name and full
address of the organization or individual to facilitate clarifications of
unclear details and follow up.
B. Allegations transmitted by the Special Rapporteur
to the Governments concerned
22. Where there are no serious grounds to believe that the information
provided by the source is not credible, the Special Rapporteur transmits them
to the Governments concerned, either in the form of an urgent appeal or in a
letter to the authorities.
Urgent appeals
23. As in previous years, such urgent transmissions have been made 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. The Special Rapporteur also sent urgent
appeals after being informed of the imminent expulsion of persons to a country
where they may be at risk of extrajudicial, summary or arbitrary execution.
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24. The Special Rapporteur appealed to the Governments concerned to ensure
effective protection of those under threat or at risk of execution. He also
urged the competent authorities to carry out full, independent and impartial
investigations and to adopt all necessary measures to prevent future
violations of the right to life. The Special Rapporteur requested that he be
kept informed about all steps taken in this regard.
25. As in 1992, where urgent appeals also concerned cases of alleged imminent
execution of the death penalty, grave incidents of abuse of force by members
of the security forces, particularly against participants in demonstrations
and manifestations, or alleged fear for the life and physical integrity of
persons as a consequence of torture and any other form of cruel or inhumane
treatment, the Special Rapporteur also reminded the Governments concerned of
specific safeguards and guarantees of the right to life contained in
international instruments regarding restrictions on capital punishment and the
use of force and firearms, the prohibition of torture as well as minimum
conditions of detention.
26. The aim of urgent appeals is the prevention of irreparable loss of
life. Consequently, the Special Rapporteur transmits allegations of imminent
extrajudicial, summary or arbitrary executions regardless of whether domestic
remedies have been taken. This applies to cases of imminent execution of a
death sentence alleged to contravene the limitations on capital punishment
set forth in the pertinent international instruments but also to allegations
of death threats or fear of imminent extrajudicial, summary or arbitrary
executions, where the Special Rapporteur does not consider it appropriate to
wait for such action, whether penal or civil, as may be undertaken by those
under threat before conveying his concern to the authorities.
Other allegations
27. Alleged cases of extrajudicial, summary or arbitrary executions of a less
urgent character and questions related to the right to life in general terms
were transmitted to the Governments concerned in the form of individual case
summaries in letters, together with a request to provide the Special
Rapporteur with information concerning the progress and results of
investigations carried out into these cases, specific measures adopted to
prevent future violations of the right to life, as well as any other pertinent
comments or observations.
28. The Special Rapporteur has devised a “reply form” for cases of alleged
extrajudicial, summary or arbitrary executions which has been used in all
letters transmitting such cases since 29 July 1993. This is an effort
to facilitate the governments' response to the Special Rapporteur's
communications by providing them with very specific guidance as to the
type of information needed for an assessment of the situation. The
Governments concerned have therefore been requested to fill in the following
questionnaire, where the questions were pertinent to the cases transmitted:
“1. Are the facts alleged in the summary of the case accurate? If not,
please provide details of the inquiries carried out to refute these
allegations.
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2. What is the cause of death indicated in the death certificate?
3. Was an autopsy performed? If so, by whom? What are the results of
the autopsy? (Please provide a copy of the complete autopsy report.)
4. Which is the authority responsible for investigating these
allegations? Which is the authority responsible for prosecuting
perpetrators?
S. Has a complaint, formal or informal, been made on behalf of the
victim?
6. If so, who made the complaint? What is their relationship to the
victim?
7. To whom was the complaint made?
8. What action was carried out upon receipt of the complaint, and by
whom?
9. Are any inquiries, judicial or other procedures under way? If so,
please provide details of their progress to date, and the timetable
envisaged for their conclusion. If such inquiries or procedures have
been completed, please provide details of the conclusions reached (please
attach copies of any relevant documents) . Are such conclusions
definitive?
10. Has the person alleged to have carried out the extrajudicial,
summary or arbitrary execution been identified? To which unit or branch
of the security forces or groups cooperating with them does he/she
belong?
11. Have penal or disciplinary sanctions been imposed on the alleged
perpetrators? If so, please provide details of the procedures followed
to ascertain the penal or disciplinary responsibility of the perpetrators
before imposing such penalties. If no such sanctions have been imposed,
why not?
12. If no inquiries have been undertaken, why not? If such inquiries
as have been carried out were inconclusive (for example, if the
individuals responsible have not been identified), why so?
13. Has any compensation been provided to the family of the victim? If
so, please provide details including the type and amount of compensation
involved. If no compensation has been provided, why not?
14. Please provide such other information or observations concerning
the present case as you consider relevant.”
29. As regards questions related to the right to life in more general
terms, such as, for example, reports about persistent impunity or legislation
alleged to be in contravention of restrictions on the application of capital
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punishment contained in pertinent international instruments, these have been
transmitted to the Governments concerned together with requests for specific
information, legislative texts or other documents.
C. Replies received from Governments
30. In resolution 1993/47, the Commission on Human Rights encouraged
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.” In resolution 1993/71, the
Commission urged “all Governments, in particular those which consistently have
not responded to communications transmitted to them by the Special Rapporteur,
and all others concerned to cooperate with and assist the Special Rapporteur
so that his mandate may be carried out effectively” .
31. Information provided by the Governments concerned in reply to the
allegations transmitted to them is indeed of great importance for the Special
Rapporteur to form an opinion on the situation in a given country. The
Special Rapporteur has received a number of replies to his urgent appeals and
letters transmitting allegations of violations of the right to life. As is
the case for the communications by which the Special Rapporteur received such
allegations, government replies also have to be evaluated. This is closely
related to the question of when an alleged extrajudicial, summary or arbitrary
execution can be considered as “clarified”. It is particularly important with
regard to the request for follow up on allegations transmitted which the
Commission on Human Rights made to the Special Rapporteur.
D. Follow-up
32. As described earlier, the Commission on Human Rights requests the
Special Rapporteur to follow up on allegations of extrajudicial, summary or
arbitrary executions. Such a request was first made by the Commission to
the Special Rapporteur in 1992. In response to this request, the Special
Rapporteur had sent, in late 1992, a first series of letters to a number of
Governments requesting updated information on cases transmitted in 1991 by
his predecessor, Mr. S. Amos Wako (see E/CN.4/1993/46, paras. 81-85) *
33. Until now, allegations transmitted to Governments, as well as any reply
received, were reflected in the Special Rapporteur's report concerning the
year in which they were transmitted. In most cases, replies received from
Governments were reproduced, in full or in part, in the Special Rapporteur's
reports without any comment or analysis. Once presented in this manner, the
* Due to the fact that a database for cases of alleged extrajudicial,
summary or arbitrary executions could only be created last year, the Special
Rapporteur has decided to concentrate his follow up on allegations transmitted
since he was appointed to succeed Mr. Wako in 1992. However, replies received
concerning cases transmitted earlier will be reflected in the chapter of the
present report which contains an analysis of specific country situations.
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vast majority of cases were never referred to again in later reports.
Only in the report presented to the Commission on Human Rights at its
forty-ninth session did the Special Rapporteur include specific
observations regarding some of the replies (see, for example, E/CN.4/1993/46,
paras. 20, 183-184, 229, 501, 615, 692-693).
34. In 1993, the Special Rapporteur undertook various follow-up initiatives.
In doing so, a number of issues have arisen in relation to the follow up on
allegations, in particular with regard to the assessment of government replies
as well as the questions of when to consider a case “clarified” and what to
do where Governments do not reply to the allegations transmitted. It has
become evident to the Special Rapporteur that additional human and material
resources are indispensable if such a follow-up task is to be carried out in a
meaningful way. The following paragraphs contain a description of follow-up
activities and an analysis of the above-mentioned issues.
Follow-up correspondence with Governments
35. The Special Rapporteur sent letters to Governments concerning allegations
transmitted in 1992 for which no reply had been received and reiterated his
request to be provided with information concerning the progress and results of
investigations as well as any measures adopted with a view to preventing
further loss of life.
36. The Special Rapporteur also sent communications to Governments concerning
allegations transmitted to them in 1992 and 1993 for which replies had been
received but which could not be considered as final. These letters contained
very specific requests for additional information which is needed in order to
determine whether the cases in question can be considered “clarified”.
37. Four main types of reply were received from Governments in 1992 and 1993:
(a) In some instances, replies are general in character and do not
refer to the particular cases transmitted. While such information is most
welcome and helpful for the Special Rapporteur to form an opinion on the
situation in a given country, details are needed concerning the specific
allegations and, in particular, the progress and results of investigations
carried out by the competent authorities. The same applies where Governments
address issues relating to the mandate of the Special Rapporteur without going
into detail with regard to the cases;
(b) Often, Governments inform the Special Rapporteur that
investigations into the allegations have been initiated. In such cases, the
Special Rapporteur asks the Governments to provide him with updates on the
progress of such investigations or, if they have been concluded, the decisions
taken as a result thereof. Where such information has not been provided
already, the Special Rapporteur also requests that he be informed about the
proceedings followed in such investigations, in accordance with the relevant
legislation of the country concerned. The procedural questions apply both to
the specific cases in question and in general, including details about the
organs investigating, the rights of victims or their families to
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participate in such investigations, the sanctions that may be imposed as a
result of such proceedings, as well as the possibilities of appeal against
decisions taken and whether such decisions are made public;
(c) In some instances, Governments state that investigations have been
initiated but then halted for lack of evidence, particularly if it has not
been possible to identify the presumed authors of the alleged extrajudicial,
summary or arbitrary execution. In such cases, the Special Rapporteur also
requests detailed information concerning the investigation, in particular with
regard to any right of the victims' families to participate in the proceedings
and to challenge any decision to halt the inquiry before a higher instance or
another body;
(d) In other cases, Governments state that the allegations are
factually incorrect, or they provide a different explanation of events leading
to the death of the person in question. In such cases, the Special Rapporteur
asks the Governments to provide him with detailed information about the
investigations on which these assertions are based, in particular with regard
to the organ which carried out the investigation, the methods applied for the
gathering and assessment of evidence, whether the results of the investigation
have been made public and whether they are final.
38. In response to these requests for follow-up information, some Governments
have provided the Special Rapporteur with updated information about
investigations under way.
Follow-up correspondence with sources of allegations
39. For the first time since the establishment of the mandate, the Special
Rapporteur has addressed letters to the sources of allegations to inform them
of the contents of government replies concerning the cases they submitted.
The Special Rapporteur has requested them to provide him with their comments
and, in some instances, further details regarding these cases.
40. Several non-governmental organizations have already submitted comments or
additional information in response to the Special Rapporteur's request.
Follow-up: some questions to be taken into account
41. In resolution 1993/47, the Commission on Human Rights encouraged the
Special Rapporteur to follow closely the progress made by Governments with
regard to the protection of the right to life. In devising and putting into
practice a scheme for follow-up on allegations of extrajudicial, summary or
arbitrary executions enabling him to do so, the Special Rapporteur has
encountered a number of difficulties.
42. First, it is often very difficult to assess progress made with regard to
respect for the right to life. The amount and type of information which comes
before the Special Rapporteur continue to depend to a very large extent on the
level of organization of non-governmental organizations and their awareness
of United Nations human rights procedures. Consequently, the number of
allegations received for a given country does not necessarily reflect, in an
accurate manner, the scale of extrajudicial, summary or arbitrary executions
E/CN. 4/1994/7
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which may take place there. Even greater caution is warranted if, on the
basis of such information as may be received, comparisons between different
countries were to be made - this is not the aim of follow-up as the Special
Rapporteur understands it.
43. In the opinion of the Special Rapporteur, follow-up efforts should
focus on how Governments comply with their obligation under international
law to carry out full, independent and impartial investigations into all
allegations of extrajudicial, summary or arbitrary executions transmitted to
them, with a view to clarifying the circumstances, identifying and prosecuting
those responsible, granting compensation to the victims or their families,
and preventing future violations. The Special Rapporteur believes that
close monitoring of, and reporting on States' compliance with this obligation
and, in particular, progress made by them may constitute an incentive for
Governments to increase their efforts in this regard. A greater probability
of being held responsible for violations of the right to life may, in turn,
help prevent similar incidents from happening in the future.
44. However, the Special Rapporteur will also continue paying attention to,
and reporting on problems affecting the right to life as well as progress
in its enjoyment in certain countries, such as legislation regarding the
application of the death penalty or the use of force and firearms or the
phenomenon of impunity in general. While this monitoring of general trends
and developments seems to pose less difficulties in practice, there are a
number of points which have to be addressed with regard to the follow-up on
individual cases, namely the question of when a case is “clarified”, how to
come to a conclusion where information provided by the Government concerned
and the source of the allegation is contradictory, and what to do in cases
where Governments do not reply at all to requests for information made to them
by the Special Rapporteur.
When is a case “clarified” ?
45. If the monitoring of allegations of extrajudicial, summary or arbitrary
executions transmitted to Governments takes the form of observing, on the
basis of information provided by the Government concerned and the source of
the allegation, investigations into these cases until they have been solved,
it is necessary to establish the conditions which must be fulfilled before the
case may be classified as “clarified” and removed from the list of “open”
cases, on which the follow-up continues.
46. Whether or not a case can be regarded as “clarified” is closely linked
with the question of whether a reply provided by the Government concerned is
in itself satisfactory. In his report to the Commission on Human Rights at
its forty-ninth session, the Special Rapporteur had addressed the problem of
evaluating government replies and outlined examples of information that may be
regarded as satisfactory (E/CN.4/1993/46, paras. 29-34). In 1993, he
continued his analysis of government replies with a particular view to their
obligation to investigate violations of the right to life, as mentioned above.
47. On the basis of this analysis breaking down government replies into
various categories according to their contents, a number of points are taken
into account by the Special Rapporteur in his evaluation. First, as a
E/cN. 4/1994/7
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minimum, it is essential that the reply specifically refers to the cases
transmitted by the Special Rapporteur. As stated earlier, general information
on legislation, investigation procedures and practice, etc. is most welcome
and helpful but does not permit him to assess the merits of the specific
allegations transmitted. It is also essential that the Government, when
refuting allegations as factually incorrect, provides information on the
investigations carried out which permit this conclusion to be drawn.
48. It is the obligation of Governments to carry out full, independent and
impartial investigations into all alleged violations of the right to life.
When carrying out such investigations, Governments must meet the standards set
forth in the pertinent international instruments, in particular the
International Covenant on Civil and Political Rights and the Principles on the
Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary
Executions. In keeping with the mandate entrusted to him, the Special
Rapporteur evaluates government replies in the light of these provisions.
49. Where the Government replies that investigations into the case have been
initiated, the Special Rapporteur takes account of the following:
(a) The character of the investigation (judicial or administrative) and
its objectivity;
(b) The independence, impartiality and competence of the organ carrying
out the investigation;
(c) The procedures applied in the investigation, in particular with
regard to the gathering and assessment of evidence;
(d) The rights of victims or their families or representatives;
(e) The decisions that may be reached as a result of such
investigations, and the sanctions that may be imposed as a result thereof;
(f) The possibilities for the victims or their families to receive
compensation;
(g) Whether the investigation was initiated, carried out and concluded
within a reasonable time.
SO. Disciplinary investigations can be considered as being in keeping with
the obligation to investigate only if there is a guarantee of objectivity,
impartiality and competence on the part of the investigating officials, and if
this procedure may result, within a reasonable length of time, in sanctioning
according to the gravity of the offence those found responsible, as well as
compensation for the family of the victim. If these criteria are not
fulfilled, and if it is the only measure taken by the Government concerned, a
disciplinary procedure is not satisfactory. Similar considerations apply
where special investigative organs are established to inquire into allegations
of violations of the right to life.
51. In cases where Governments reply that those responsible have been
identified, tried and convicted, the Special Rapporteur takes into account not
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page 20
only the way in which such proceedings have been conducted but also whether
the sentence appears to be proportionate to the gravity of the offence and
whether compensation has been granted to the victims or their families. It is
important to note that all those involved in the planning and carrying out of
violations of the right to life must be held responsible. The conviction and
sentencing of “scapegoats” cannot, and must not, be considered as being in
compliance with the Governments' obligation under international law to punish
all those involved in the planning and execution of violations of the right to
life.
52. Where Governments reply that investigations have been stopped for lack
of evidence, particularly if the alleged perpetrators could not be identified,
the Special Rapporteur also proceeds to an assessment of the investigation
according to the criteria described above. In such situations, particular
attention is paid to the methods of gathering and evaluating evidence
applied during the investigation as well as the possibilities for the
victims, their families or representatives to challenge the decision to
stop the investigation before a higher instance or another body, or to have it
reopened on the basis of new evidence becoming available.
53. If, as a result of his analysis, the Special Rapporteur comes to the
conclusion that the reply is not in itself satisfactory, he seeks
clarification from the Government concerned and transmits the contents of the
reply to the source for comments and/or additional details. The case remains
“open” and the Special Rapporteur continues to follow the way it is being
investigated. It is envisaged that a list containing all “open” cases will be
available, between one and three times a year, to the members of the
Commission on Human Rights and that it be included in the Special Rapporteur's
annual reports to the Commission.
54. If the Government replies that investigations into a case have been
concluded and the reply is satisfactory, the Special Rapporteur also transmits
the reply to the source of the allegations. If the source confirms the
information provided by the Government, or if it does not respond at all
within a reasonable lapse of time, the Special Rapporteur will consider the
case as “clarified”. The list of clarified cases will, of course, also be
reflected in his annual reports to the Commission on Human Rights.
55. The Special Rapporteur will continue monitoring those cases where
investigations have been opened and are being carried out in keeping with the
standards set forth in the pertinent international instruments. While such
cases cannot yet be regarded as completely “clarified”, they will nevertheless
have to be distinguished from cases where no investigation at all has been
opened, or where such investigations cannot be considered as satisfactory.
They will form a separate and distinct category in the list of “open” cases.
56. In some instances, Governments have told the Special Rapporteur that no
investigation was carried out. In a number of cases involving alleged death
threats, this was justified by the fact that the persons said to be under
threat had not filed a complaint with the authorities purportedly competent
under the law in the country concerned. Other Governments reply that amnesty
laws have been passed which encompass the cases of alleged extrajudicial,
summary or arbitrary executions transmitted to them by the Special Rapporteur,
E/cN. 4/1994/7
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and as a consequence, no investigations into those cases have been opened.
With regard to these two, relatively frequent, types of unsatisfactory
replies, the Special Rapporteur wishes to emphasize the following:
(a) If alleged violations of the right to life are brought to their
attention, for example by the Special Rapporteur, Governments are obliged to
carry out thorough, prompt and impartial investigations into all such
allegations and, where violations of the right to life are said to be
threatened or imminent, adopt all necessary measures to ensure the safety of
the purported victim. This obligation exists regardless of whether the
purported victim has taken any judicial or other action;
(b) Governments are obliged under international law to bring
perpetrators of extrajudicial executions to justice and compensate surviving
victims or their dependants. This obligation is clearly expressed in the
Principles on the Effective Prevention and Investigation of Extra-legal,
Summary or Arbitrary Executions: “In no circumstances, including a state of
war, siege or other public emergency, shall blanket immunity from prosecution
be granted to any person allegedly involved in extra-legal, summary or
arbitrary executions” (principle 19) . Accordingly, even if, in exceptional
cases, Governments may decide that perpetrators should benefit from measures
that would exempt them from, or limit the extent of their punishment, their
obligation to bring them to justice and hold them formally accountable
remains, as does the obligation to carry out prompt, thorough and impartial
investigations, grant compensation to the victims or their families and adopt
effective preventive measures for the future.
The problem of contradictory information from Governments and sources
57. In the vast majority of cases where, in the past, replies had been
received from Governments, the information they provided refuted, with or
without giving details of the basis for this, the allegations transmitted by
the Special Rapporteur. This is likely to continue to occur. Indeed, during
the short period since the follow-up procedure described above was initiated,
there have already been several cases in which the source of the allegation,
when asked for comments and additional details in response to the Government's
refutation, reiterated its earlier allegations.
58. In this context, it should be recalled that the Government is not only
obliged to carry out investigations into alleged cases of extrajudicial,
summary or arbitrary executions, but also disposes, in most cases, of much
greater facilities to do so than non-governmental sources of allegations.
Consequently, it is incumbent upon the Government to provide a satisfactory
reply, i.e. to demonstrate that these investigations have been carried out in
keeping with the standards set forth by the pertinent international
instruments. So long as it is not shown that the Government has done so, the
reply cannot be considered as satisfactory and the case will therefore
continue to be regarded as “open” .
59. A problem arises where the Government reply appears to be satisfactory,
but where the source of the allegation maintains that it has a well-founded
reason to believe that the evaluation of facts by the Government does not
correspond with reality; or that those identified and punished are not, or
E/CN. 4/1994/7
page 22
not exclusively, responsible; or that no compensation has been granted to
victims or their families, despite affirmations to the contrary made by the
Government. One way for the Special Rapporteur to come to a conclusion as
to the merits of the allegations and the veracity of information provided,
respectively, by Governments and sources would be to benefit from the
opportunity provided by on-site visits.
60. However, even where it is not possible to conclude whether allegations
are accurate or not, they may still provide the Special Rapporteur with a
useful basis for the consideration and analysis of issues of a more general
nature which arise therefrom. On the basis of such analysis, the Special
Rapporteur may propose recommendations such as, for example, changes in
legislation so that it conforms more closely to international standards or
other measures to prevent future violations of the right to life.
The problem of “silent” Governments
61. In the past, no replies have been received from the Governments concerned
to the majority of the allegations transmitted by the Special Rapporteur.
Very few Governments have replied regularly, and to all cases brought to their
attention. Many others have replied to some cases, omitting to mention
others, and some have never replied at all.
62. Where Governments reply to the allegations transmitted to them, they
are likely to receive requests for further details and the way they discharge
their obligation to investigate such cases will be closely monitored by
the Special Rapporteur. Even where replies are satisfactory, there may be
follow-up correspondence, such as, for example, where investigations have not
yet been concluded and the Special Rapporteur asks the Government to provide
him with updated information. The Special Rapporteur will, of course,
include all follow-up activities in his report to the Commission on Human
Rights. It may therefore happen that those Governments which do comply with
the request made to them by the Commission to provide the Special Rapporteur
with information could find themselves extensively referred to in the report,
while less reporting space and attention may seem to be given to those
Governments which do not reply at all and which, consequently, only receive
reminder letters. In such a situation, those providing replies may feel
“penalized” for their diligence.
63. It is important in this context to stress that the Special
Rapporteur highly appreciates the will to cooperate shown by those
Governments which provide him with replies. If he writes back to them
with a request for additional details, this is not done in a spirit of
accusation. It is clear that, since there are at present concerns
regarding the more than 70 countries being dealt with under his mandate,
the Special Rapporteur is not in a position to know details and differences
in legislation and practice in each of them; he needs to be provided with
extensive information about the way Governments comply with their obligations
under international law. The follow-up procedure recently initiated by the
Special Rapporteur endeavours to distinguish very clearly between cases that
have been clarified, those being investigated in a satisfactory way and those
remaining “open”, in which the Governments have not fulfilled their obligation
to investigate and prosecute.
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page 23
E. Visits
64. The Special Rapporteur continues to view on-site visits as an essential
component of his mandate. As pointed out in his report to the Commission on
Human Rights at its forty-ninth session (E/CN.4/1993/46, paras. 35-37), the
aim of such visits is to obtain first-hand information on the situation of the
right to life in the countries visited, to report on the findings and propose,
in a spirit of cooperation and assistance, recommendations to improve on areas
identified as matters of concern. In conformity with the request made to
him by the Commission on Human Rights in resolution 1993/47, the Special
Rapporteur intends to keep close contact with the Governments of the countries
visited to assist them to the maximum extent possible with the implementation
of such recommendations. Follow-up visits within a reasonable time are also
envisaged.
65. In 1993, the Special Rapporteur carried out two visits to investigate
allegations of violations of the right to life in Rwanda and Peru. He
solicited further visits to a number of countries. The selection of countries
which he wishes to visit is made primarily on the basis of the number and
gravity of allegations and reports he receives concerning violations of the
right to life. It is expected that increased follow-up activities will also
contribute to the identification of countries where a visit by the Special
Rapporteur may be appropriate.
F. Cooperation with other United Nations procedures
66. The Special Rapporteur also attaches great importance to cooperation
with other United Nations bodies dealing with issues related to his mandate
and to the coordination of his activities with those carried out by such
bodies. In past years, this has taken the form of consultations, either on
questions concerning the day-to-day operation of his mandate or in preparation
of, and during, on-site visits, as well as joint missions with other special
rapporteurs and working groups of the Commission on Human Rights. In 1993,
this cooperation between the special rapporteurs and members of working groups
of the Commission has intensified and several meetings were held in the
process of the preparation of, and during the World Conference on Human
Rights in June 1993. Furthermore, as regards the questions of fair trial
and impunity, the Special Rapporteur has greatly benefited from the reports
prepared by the Special Rapporteurs on the administration of justice of the
Sub-Commission on the Prevention of Discrimination and Protection of
Minorities.
67. The Special Rapporteur continued to seek the cooperation of
United Nations human rights monitoring missions based in certain countries
by sending them copies of the allegations sent to the respective Governments
and requesting them to provide him with any comments and observation they
might have, either concerning these cases or the situation of the right to
life in general. In addition, the Special Rapporteur has intensified his
contacts with different United Nations treaty bodies, and especially the
Committee on the Rights of the Child. Finally, with regard to his missions,
the Special Rapporteur has greatly benefited from the cooperation extended to
him by the United Nations Development Programme (tJNDP) representatives based
in the host State.
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III. ACTIVITIES
68. In 1993, the Special Rapporteur has carried out a number of different
activities, including those referred to below.
A. Consultations
69. The Special Rapporteur visited Geneva from 27 February to 5 March 1993.
On 2 March 1993, he presented his report to the Commission on Human Rights.
The Special Rapporteur also visited Geneva from 26 to 30 July 1993, 23
to 29 September 1993 and 15 to 19 November 1993 for consultations with
the Secretariat. During his visits to Geneva, he met with a number of
other special rapporteurs, representatives and members of working groups
of the Commission on Human Rights. He also held meetings with government
representatives of regional groups represented in United Nations bodies, as
well as with delegations of certain Governments, and consulted with
representatives of non-governmental organizations.
70. Furthermore, in April 1993, the Special Rapporteur participated in a
meeting in Geneva of the Preparatory Committee for the World Conference on
Human Rights, which he attended from 14 to 25 June 1993. Also in the process
of the preparation of the World Conference on Human Rights, the Special
Rapporteur attended the African regional meeting at Tunis in November 1992.
B. Communications
71. 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, some consisted of allegations of violations
of the right to life in particular cases, while others were related to
follow-up on cases and general concerns transmitted to Governments earlier.
This information was processed and allegations sent to the Governments
concerned according to the methods of work described in chapter II of the
present report.
72. In total, the Special Rapporteur transmitted to the Governments
concerned allegations he had received concerning violations of the right
to life of over 3,700 persons in more than 73 countries. One hundred
thirty-five cases concerned alleged extrajudicial executions or death threats
of minors, 16 of whom were said to be below 10 years of age, the youngest
only 9 months old; 168 cases concerned alleged violations of the right to life
of women.* More than 700 persons were said to have been killed or threatened
with death for exercising their right to freedom of opinion and expression,
peaceful assembly and association.
* However, these figures do not necessarily reflect the actual
proportion of minors and women among the victims of alleged violations of the
right to life, since they constitute cases in which the age or sex of persons
identified by their names has been specifically indicated to the Special
Rapporteur.
E/cN. 4/1994/7
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Urgent appeals
73. Since 14 December 1993, the date of the finalization of his report to
the Commission on Human Rights at its forty-ninth session, the Special
Rapporteur has sent 217 urgent appeals concerning more than 1,300 persons
to the following 52 countries: Algeria, Argentina, Azerbaijan, Bangladesh,
Brazil, Burundi, Cambodia, Central African Republic, Chad, Chile, Colombia,
Comoros, Djibouti, Ecuador, Egypt, El Salvador, Equatorial Guinea, Guatemala,
Haiti, India, Indonesia, Iran (Islamic Republic of) , Iraq, Israel, Jamaica,
Kuwait, Kyrgyzstan, Malawi, Nicaragua, Pakistan, Panama, Papua New Guinea,
Paraguay, Peru, Philippines, Rwanda, Sierra Leone, South Africa, Sri Lanka,
Sudan, Sweden, Tajikistan, The Former Yugoslav Republic of Macedonia, Togo,
Turkey, Turkmenistan, United Kingdom of Great Britain and Northern Ireland,
United States of America, Uzbekistan, Venezuela, Yemen, Zaire.
74. In 86 cases, the victims of alleged violations of the right to life
have been identified to the Special Rapporteur as minors, 87 as women. Six
urgent appeals concerned 41 identified minors living as “street children”
in Brazil, Colombia and Guatemala. Furthermore, the Special Rapporteur
urgently intervened on behalf of more than 200 persons after receiving
information concerning alleged violations of the right to life in the context
of demonstrations or other peaceful public manifestations in Argentina,
Brazil, Chad, Colombia, Ecuador, Equatorial Guinea, Guatemala, Haiti, the
Islamic Republic of Iran, Israel, Nicaragua, Pakistan, Panama, Paraguay, Peru,
the Philippines, Rwanda, South Africa, Togo and Turkey.
75. Pursuant to Commission on Human Rights resolution 1993/64, the
Special Rapporteur sent six urgent appeals to the Governments of Argentina,
Colombia, Guatemala and Rwanda on behalf of members of several human rights
organizations who had allegedly received death threats after availing
themselves of United Nations procedures for the protection of human rights.
Pursuant to Commission on Human Rights resolution 1993/39, the Special
Rapporteur sent an urgent appeal to the President of Zaire in which he
expressed grave concern for the safety of Mikuin Leliel Balanda, President of
the ad hoc Working Group of Experts on southern Africa.
Other allegations
76. Allegations concerning the extrajudicial, summary or arbitrary execution
of over 2,300 persons (49 of whom were identified as minors, 79 as women) were
transmitted to the following 51 countries: Angola, Azerbaijan, Bangladesh,
Brazil, Cambodia, Cameroon, Central African Republic, Chad, Chile, China,
Colombia, Comoros, Cuba, Ecuador, Egypt, El Salvador, Equatorial Guinea,
Ethiopia, Guatemala, Haiti, Honduras, India, Indonesia, Iran (Islamic Republic
of) , Iraq, Israel, Jamaica, Kenya, Lebanon, Malawi, Malaysia, Mexico, Morocco,
Myanmar, Nepal, Nigeria, Pakistan, Peru, Philippines, Rwanda, Sierra Leone,
South Africa, Sri Lanka, Syrian Arab Republic, Tajikistan, Togo, Turkey,
Venezuela, Yugoslavia, Zaire and Zimbabwe.
77. Forty-nine of these cases concerned alleged extrajudicial executions of
minors, two of whom were living as “street children” in Brazil and Guatemala.
More than 250 persons were said to have been extrajudicially killed in
violation of their right to freedom of opinion and expression, peaceful
E/CN. 4/1994/7
page 26
assembly and association in Brazil, the Central African Republic, Chad, China,
Colombia, El Salvador, Ethiopia, Guatemala, Haiti, India, the Islamic Republic
of Iran, Lebanon, Malawi, Nepal, Nigeria, Peru, South Africa, Togo, Turkey,
Venezuela, Zaire and Zimbabwe.
78. In addition to these specific cases, allegations referring to questions
related to the right to life in general terms were sent to the following 26
countries: Algeria, Azerbaijan, Bangladesh, Brazil, China, Colombia, Egypt,
El Salvador, Haiti, India, Indonesia, Iran (Islamic Republic of), Israel,
Kenya, Malawi, Malaysia, Mauritania, Morocco, Papua New Guinea, Philippines,
Saudi Arabia, South Africa, Sri Lanka, Tajikistan, Turkey and Zaire.
Communications received from Governments
79. Since the finalization of his report to the Commission on Human Rights
at its forty-ninth session, the Special Rapporteur received replies on cases
transmitted by him in 1992 from the following Governments: Bangladesh,
Cameroon, Chad, Colombia, Ethiopia, India, Iraq, Israel, Lesotho, Mexico,
Myanmar, Nepal, Philippines, South Africa, Sudan, Turkey, United States
of America, Venezuela.
80. Replies concerning allegations transmitted by the Special Rapporteur
in 1993 were received from the Governments of: Algeria, Argentina,
Azerbaijan, Bangladesh, Brazil, Chad, Chile, Colombia, Ecuador, Egypt,
Guatemala, Haiti, India, Indonesia, Iran (Islamic Republic of) , Iraq, Israel,
Kenya, Kuwait, Mexico, Morocco, Nepal, Nigeria, Panama, Philippines,
Sri Lanka, Sudan, Sweden, Syrian Arab Republic, Togo, Turkey, United Kingdom
of Great Britain and Northern Ireland, United States of America, Venezuela,
Yemen, Zimbabwe.
81. The following countries have not provided the Special Rapporteur with
any replies to the cases transmitted by him in 1992: Afghanistan, Angola,
Azerbaijan, Burundi, Cambodia, Chile, Dominican Republic, Equatorial Guinea,
Honduras, Iran (Islamic Republic of) , Mali, Pakistan, Paraguay, Rwanda, Togo,
Ukraine, Yemen, Zaire.
82. The following countries have not provided the Special Rapporteur with
any replies to the cases or general allegations transmitted by him in 1993:
JIIgola, Burundi, Cambodia, China, Central African Republic, Comoros, Cuba,
Djibouti, El Salvador, Ethiopia, Equatorial Guinea, Guatemala, Honduras,
Kyrgyzstan, Lebanon, Liberia, Malawi, Malaysia, Mauritania, Myanmar, Pakistan,
Papua New Guinea, Paraguay, Saudi Arabia, Sierra Leone, Tajikistan, The Former
Yugoslav Republic of Macedonia, Turkmenistan, Uzbekistan, Yugoslavia, Zaire,
Zimbabwe.
Follow-up
83. The Special Rapporteur transmitted the contents of the above-mentioned
government replies to the sources of the allegations for comments and
observations.
84. The Special Rapporteur sent letters in which he reiterated his request
for information with regard to cases transmitted by him in 1992, for which
E/cN. 4/1994/7
page 27
until 27 April 1993 no replies had been received, to the following Governments
(the number of outstanding cases is indicated in brackets) : Angola (2) ,
Azerbaijan (5), Bangladesh (18), Brazil (7), Cambodia (11), Cameroon (4),
Colombia (76), El Salvador (39), Guatemala (60), Honduras (3), India (43),
Iran (Islamic Republic of) (5) , Israel (5) , Mexico (4) , Nepal (10) ,
Pakistan (7) , Philippines (7) , South Africa (47) , Turkey (95) , Venezuela (11) .
A request for information on 106 outstanding cases was transmitted to the
de facto authorities in Haiti.
85. The Governments of Bangladesh, Brazil, Cameroon, Colombia, India, Israel,
Mexico, Nepal, the Philippines, Turkey and Venezuela provided information on
some or all of these cases later during the year.
86. The Special Rapporteur sent follow-up letters on cases transmitted by him
in 1992 and/or 1993, where replies were received but could not be considered
as final, to the following Governments: Bangladesh, Brazil, Chad, China,
Colombia, Ecuador, Guatemala, India, Iraq, Israel, Kenya, Lesotho, Malawi,
Mexico, Myanmar, Peru, Sri Lanka, Turkey, Venezuela, Yemen.
C. Visits
87. From 8 to 17 April 1993, the Special Rapporteur visited Rwanda after he
had received allegations of grave and massive violations of the right to life
in the context of an armed conflict opposing Rwandese government forces and
the armed opposition movement Rwandese Patriotic Front (RPF) since
October 1990. The Special Rapporteur's report on this visit, which includes
his findings, conclusions and recommendations, was published in August 1993
(E/cN.4/1994/7/Add.1) .
88. From 24 May to 2 June 1993, the Special Rapporteur undertook a visit
to Peru to look into allegations of violations of the right to life in
this country. A report on this visit was published in November 1993
(E/cN.4/1994/7/Add.2) .
89. During the forty-ninth session of the Commission on Human Rights,
the leader of the Sri Lankan delegation reiterated an earlier invitation
to the Special Rapporteur to visit Sri Lanka. The Special Rapporteur also
received an invitation from the Government of Argentina to carry out in situ
investigations into alleged death threats against journalists and human rights
activists (see below, paras. 122-123) . The Special Rapporteur also received
invitations to conduct visits to Algeria and Colombia.
90. No progress has been made in the preparation of a possible visit to
Turkey. The Special Rapporteur has reiterated his request to be invited to
carry out a mission to China. Furthermore, he has approached the Government
of India and expressed his interest in visiting that country, possibly
together with the Special Rapporteur on the question of torture.
91. In resolution 1993/97, the Commission on Human Rights requested the
Government of Indonesia to consider inviting the Working Group on Arbitrary
Detention, the Special Rapporteur on the question of torture and the Special
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Rapporteur on extrajudicial, summary or arbitrary executions to carry out
a visit to East Timor. However, to date no such invitation has been
forthcoming.
D. Cooperation with other United Nations procedures
92. From 15 to 20 December 1992, at the request of the Special Rapporteur on
the situation of human rights in the territory of the former Yugoslavia, the
Special Rapporteur undertook a mission to Croatia to investigate allegations
of mass graves holding the remains of victims of war crimes. The report on
the findings of this mission was transmitted in its entirety to the Commission
of Experts established under Security Council resolution 780 (1992) . A
summary has been made public as annex I to the report of the Special
Rapporteur on the former Yugoslavia to the Commission on Human Rights at its
forty-ninth session (E/CN.4/1993/50; see also below, chapter V) .
93. From 16 to 27 August 1993, the Special Rapporteur participated in the
field mission of the Ad Hoc Working Group of Experts on southern Africa to
Botswana and Zimbabwe.
94. During his visits to Geneva, the Special Rapporteur has held informal
consultations with several other special rapporteurs and members of working
groups of the Commission on Human Rights. The Special Rapporteur also met
with Committee on the Rights of the Child for an exchange of views on the
protection of the right to life of children in Rwanda and Peru. During the
World Conference on Human Rights in Vienna, he took part in several meetings
of special rapporteurs, representatives and members of working groups of the
Commission on Human Rights and, acting as their spokesperson, presented a
common paper to the plenary session of the World Conference.
95. Letters transmitting copies of the allegations sent to the respective
Governments and asking to be provided with comments and observations on
the situation of the right to life were sent to the United Nations field
operations in Angola (UNAVEM), Cambodia, El Salvador (ONUSAL) and Haiti. The
Special Rapporteur also sent a letter to the head of UNOSOM II in which he
requested to be provided with information regarding violations of the right
to life and expressed concern at allegations involving members of the
international peace-keeping forces in a number of killings.
96. Furthermore, the Special Rapporteur consulted with the United Nations
High Commissioner for Refugees (UNHCR) on a number of specific cases involving
refugees and, more particularly, before and during the mission to Rwanda.
97. During his missions to Rwanda and Peru, the Special Rapporteur greatly
benefited from excellent cooperation from the UNDP representatives in Kigali
and Lima.
E. Other activities to promote the mandate
98. In order to enhance the public awareness of the working of his mandate,
the Special Rapporteur held a number of press conferences during his visits to
both Rwanda and Peru. The report on these missions was accompanied by press
E/cN. 4/1994/7
page 29
statements. The Special Rapporteur also held a number of press conferences
during his visits to the Netherlands and Australia (see below, para. 100) .
99. In addition, the Special Rapporteur attended the following meetings
and conferences: In January 1993, he was invited to participate in a meeting
to prepare for the World Conference on Human Rights, organized by the Carter
Center in Atlanta, United States of America. In February 1993, the Special
Rapporteur spoke to the African Regional Meeting of the International
Association of Young Lawyers in Douala, Cameroon, about the role of
United Nations mechanisms in the protection of human rights. Also in
February 1993, the Special Rapporteur participated in a meeting on “Human
Rights at the eve of the twenty-first century”, organized by the Council of
Europe, where he presided over the working group on “Human rights and
development”. Twice, in March and June 1993, the Special Rapporteur was
invited by the University of Bochum, Germany, to participate in meetings aimed
at the establishment of a non-governmental organization for the promotion of
and respect for humanitarian law.
100. Furthermore, in September 1993 the Special Rapporteur was invited by
the Dutch section of Amnesty International to deliver a speech on the role
of the United Nations in efforts to prevent extrajudicial executions and
disappearances. Also in September 1993, the Special Rapporteur attended as
a “special guest” an international commission of inquiry organized by Amnesty
International's United States section to examine the practice of capital
punishment in that country. Finally, in October 1993, the Australian section
of Amnesty International invited the Special Rapporteur to carry out a tour
through several Australian cities and speak on the role of United Nations
mechanisms with regard to the protection of the right to life and the
prevention of extrajudicial executions and disappearances, as well as the role
of non-governmental organizations in this field.
E/CN. 4/1994/7
page 30
IV. SITUATIONS
A. General
101. 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. Follow-up action taken by the Special Rapporteur
is also mentioned. (The contents of all replies received from Governments
have been transmitted to the sources of the allegations. For reasons of
brevity, this is not mentioned specifically for each country.) Where
appropriate, the Special Rapporteur included country-specific observations,
comments and recommendations.
102. 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 in the paragraphs which describe their contents. All urgent
appeals sent until 22 November 1993 are reflected in this report. The
communications described as “other allegations” were sent on three occasions,
on 27 April 1993, 29 July 1993 and 24 September 1993. 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 fifty-first session. Follow-up letters were sent to
the Governments concerned in late September 1993, with the exception of the
follow-up letter to the Government of the United States of America which could
only be sent on 19 November 1993.
103. All communications received from Governments by 22 November 1993 were
taken into consideration in the preparation of the present report. Replies
and other information that reached the Special Rapporteur at a later date will
be included in his report to the Commission on Human Rights at its fifty-first
session.
104. Due to restrictions on the length of documents presented to the
Commission on Human Rights, the Special Rapporteur was forced to reduce
considerably the detail in which cases of alleged extrajudicial, summary or
arbitrary executions or death threats are presented in this report. In most
cases, only the names and a very short description of the events could be
included in the account of the Special Rapporteur's activities in a given
country. However, all details of these cases as transmitted to the
Governments concerned are available in the files of the Secretariat.
B. Country situations
Algeria
Communications sent
105. The Special Rapporteur transmitted to the Government of Algeria
allegations according to which three Special Courts had been set up by a
decree of October 1992 providing for accelerated and secret justice for those
accused of “terrorist” offences and doubling the sentence for such offences.
E/cN. 4/1994/7
page 31
It was reported that this law was retroactive: any case under instruction or
awaiting judgement could be transferred to the Special Courts and thus be
subjected to increased penalties which did not apply at the time of the
offence.
106. The Special Rapporteur expressed his particular concern at reports that
these Special Courts have passed 66 death sentences. Those sentenced to death
were said to have no right to appeal but could only seek a review by cassation
by the Supreme Court, which only rules on procedures without re-examining the
facts. The Special Rapporteur asked the competent authorities to provide him
with information regarding these issues.
107. The Special Rapporteur sent an urgent appeal to the Government of Algeria
after being informed that the following 41 persons were sentenced to death
by a Special Court on 26 May 1993: JIIderrahim Hocine, Rachid Hechaichi,
Karim Fennour, Jamal Chikou, Belkacem Tahri, Jamal Laski, Mabrouk Bakour,
Ahmed Dahmoun, Meliani Mansouri, Youcef Boulesba, Rehda Boucherif,
Said Soussan, Mohamed Aimet and 28 others (1 July 1993) .
Communications received
108. The Government of Algeria replied to the allegations transmitted by
the Special Rapporteur and informed him of the following: those sentenced to
death on 26 May 1993 had benefited from a fair trial and were sentenced in
conformity with the legislation in force at the time they committed their
crime, a bomb attack at Algiers airport in August 1992. This legislation
provided for capital punishment. The Government further informed the Special
Rapporteur that the Special Courts were instituted in Algeria in response to
acts of terrorism and subversion spreading terror among the civilian
population. The offences qualified as “terrorism” have been specified in a
law decree of 30 September 1992. This decree was not retroactive. The
Special Courts, composed of five judges, were “special” only with regard to
the nature of the off ences they were dealing with. The rights of defendants
to a fair trial were fully ensured, including the right to review by cassation
by the Supreme Court (12 October 1993) .
Follow-up
109. The reply received from the Government of Algeria has been transmitted
to the source for comments and observations. It should be noted that the
source has informed the Special Rapporteur that six of the above-mentioned
persons (JIIderrahim Hocine, Rachid Hechaichi, Karim Fennour, Jamal Chkou,
Meliani Mansouri and Said Soussan) were executed by firing squad
on 31 August 1993 after the Supreme Court had upheld their sentences.
110. In November 1993, a delegation of the Algerian Government met with the
Special Rapporteur to discuss in detail the concerns expressed by the Special
Rapporteur with regard to the above-mentioned anti-terrorism decree. During
this meeting, the representatives of the Algerian Government also invited the
Special Rapporteur to carry out a visit to Algeria.
E/CN. 4/1994/7
page 32
Observations
111. The Special Rapporteur wishes to express his great appreciation of the
willingness to cooperate shown by the Government of Algeria. The meeting
with a delegation of experts in the Algerian justice system was a welcome
opportunity for him to deepen his understanding of the situation in the
country and the anti-terrorism legislation. The Special Rapporteur thanks
the Government of Algeria for its invitation to carry out a mission to that
country. The date of the visit will be determined in further consultations
with the authorities.
112. The Special Rapporteur fully understands the difficulties faced by the
Government in its efforts to curb violent attacks by Islamist militants which
have caused considerable human and material damage. However, he remains
concerned that the October 1992 decree provides for an extension of capital
punishment to a number of offences previously punishable by life imprisonment
as well as restrictions on the right to an adequate defence, in particular,
the possibility of a prolongation of pre-trial detention up to 12 days,
time-limits set for the completion of the judicial stages of the proceedings,
the fact that the choice of a lawyer is subject to approval by the judge and
the right of judges to impose sanctions against lawyers during the trial and
to bar them from exercising their functions. This means that the level of
guarantees enjoyed by defendants in proceedings before the Special Courts is
considerably lower than in trials before ordinary jurisdictions.
113. The Special Rapporteur is also concerned that the appeal procedure
against convictions and sentences passed by the Special Courts, namely the
review of cassation before the Supreme Court, does not ensure the full right
to appeal, as the Supreme Court only reviews legal aspects and not facts.
Furthermore, the decree provides for the imposition of capital punishment
on persons from 16 to 18 years of age. Although, as stated by the
representatives of the Government of Algeria, this provision has never been
applied, it constitutes a breach of the relevant international instruments.
114. While until July 1993, 66 death sentences had been reported to the
Special Rapporteur, recent information brought to his attention indicates
that more than 350 death sentences were pronounced by Special Courts between
February and November 1993. The Special Rapporteur is deeply concerned at
this increase and will continue to monitor closely all developments in this
area. He calls upon the Government of Algeria to revise its anti-terrorism
legislation so as to make it conform to the standards set forth in the
pertinent international instruments.
Angola
115. The Special Rapporteur received alarming reports about violations of
the right to life in Angola. A particularly high number of killings was
said to have been perpetrated both by government forces and by members of
the Uniao Nacional para a Independ ncia Total de Angola (tINITA) in Luanda
between 31 October and 3 November 1992. Extrajudicial executions were
reported to have continued throughout 1993. No information has been received
as concerns measures to prevent such executions from taking place or to bring
to justice those responsible. The extreme gravity of the situation was
E/cN. 4/1994/7
page 33
brought to the attention of the Security Council on 25 May 1993, when the
Secretary-General reported (S/25840) that 1,000 persons were dying every day
as a direct or indirect result of the fighting . In his report to the
Security Council on 27 October 1993 (S/26644) , the Secretary-General
underlined that this figure was a conservative estimate. Large numbers of
civilians, including women, children and elderly persons, had died in cities
under siege, as a result of lack of food or after the explosion of mines.
Communications sent
116. The Special Rapporteur transmitted to the Government of Angola
allegations he had received concerning the extrajudicial execution at
different times of 1992 of the following nine persons, among them one woman,
in the context of conflicts between government forces and members of the
Front pour la Lib&ation de l'Etat de Cabinda (FLEC) in September 1992:
Deacon Arao, Pascoal Pitra, Pedro Mbachi Ngimbi, Tereza Mzovo, Joao Maria
Taty, Afonso Foumbo Mabiala, Joao Bento, Joao Louren9o and Pascoal Mazunga.
The Special Rapporteur also transmitted the case of Andre Segunda.
117. Copies of these allegations were also sent to the head of the
United Nations Verification Mission in Angola (UNAVEM) , together with a
request for any information available concerning violations of the right to
life in the country (11 October 1993) .
Communications received
118. At the time of the finalization of the present report, no reply had been
received from the Government of Angola.
Observations
119. The Special Rapporteur is deeply concerned at the alarming situation in
Angola and, in particular, at the recent reports about massive violations of
the right to life imputed to all parties to the conflict. The fact that only
nine cases could be sent by the Special Rapporteur to the Government of Angola
may be explained by the general character of the reports that have come before
him. A further number of specific cases were received after the date of the
most recent transmission of allegations to the Government. They will be
reflected in the Special Rapporteur's report to the Commission on Human Rights
at its fifty-first session.
120. The Special Rapporteur will continue to monitor closely the situation in
Angola. He intends to do so in close cooperation with UNAVEM. In a letter to
the head of this operation, the Special Rapporteur indicated his readiness to
collaborate with UNAVEM in any manner that might be considered appropriate,
including through a visit to Angola. In the light of the gravity of the
reports summarized above, the Special Rapporteur urges the international
community to give priority attention to the situation in Angola. Particular
emphasis should also be given to human rights issues within UNAVEM.
E/CN. 4/1994/7
page 34
Argentina
Communications sent
121. The Special Rapporteur sent four urgent appeals to the Government of
Argentina. Two (3 February 1993; 27 April 1993) concerned alleged death
threats by police against Pedro Salvador Aguirre. Death threats were also
reported to have been made by members of the police against Hebe de Bonafini,
President of the organization Madres de Plaza de Mayo (26 August 1993) . In
addition, the Special Rapporteur transmitted to the authorities concerns for
the lives of the following journalists and members of their families, who had
allegedly received death threats in relation to their critical reporting about
the Government: Hern n L6pez Echague, Marcelo Bonelli, Magdalena Ruiz
GuiffiaII, M6nica Cahen D'JIIvers and Graciela Guadalupe (14 September 1993) .
Communications received
122. The Government of Argentina replied to the reports of death threats
against journalists by inviting the Special Rapporteur to carry out a visit to
Argentina in order to verify in situ the full functioning of all institutional
arrangements to guarantee the right to life and the exhaustive investigations
being carried out by the Executive and the Judiciary to clarify illegal acts
against press institutions and their employees (27 September 1993) .
Follow-up
123. In reply to this letter of invitation, the Special Rapporteur expressed
his appreciation of the willingness to cooperate shown by the Government of
Argentina. He pointed out, however, that, before being in a position to
decide whether the situation in Argentina warranted a visit by the Special
Rapporteur, he would need concrete and factual details concerning the
allegations transmitted and, consequently, reiterated his request to the
Argentine authorities to provide him with such information. The Special
Rapporteur also explained to the Government of Argentina that, due to time and
budgetary constraints, only a very small number of visits could be carried out
each year, and that it was therefore necessary to set priorities. On the
basis of the information received, the overall situation with regard to the
right to life in Argentina did not appear to place this country in the most
urgent category (26 October 1993) .
Azerbaij an
124. The Special Rapporteur has received a number of reports concerning
serious violations of the right to life in the context of the ongoing
armed conflict between the armed forces of Azerbaijan and forces composed
of Armenians fighting for self-determination and the independence of
Nagorno-Karabakh, an enclave within the territory of Azerbaijan, populated
mainly by ethnic Armenians. Thousands of civilians are said to have lost
their lives since 1988.
125. Various sources expressed particular concern at the resurgence of
the conflict in 1992. Since January 1992, the armed forces of Azerbaijan
were said to have used military airplanes and helicopter gunships in attacks
E/cN. 4/1994/7
page 35
on civilian targets in a number of towns and villages. It was reported
that 500-kilogramme bombs and cluster bombs were dropped on civilian homes,
killing and wounding many of their inhabitants and causing great damage.
Reportedly, the armed forces also employed heavy weapons such as “Grad BM-21”
long-range multiple missile launchers, tanks and artillery in highly populated
areas. The death toll among civilians from June 1992 through January 1993 has
been estimated at 1,500. Air raids, shelling and heavy artillery attacks were
reported in and near Stepanakert as well as several towns and villages in the
regions of Martakert and Askeran.
126. The Special Rapporteur has also received reports of extrajudicial
executions by members of the Azerbaijani armed forces of civilians or former
combatants no longer taking part in hostilities. In several cases, the
victims had allegedly been taken hostage and were later killed by their
captors.
Communications sent
127. The Special Rapporteur sent two urgent appeals to the Government of
Azerbaijan by which he expressed concern at the alleged imminent execution of
death sentences passed by the Military Collegium of Azerbaijan's Supreme
Court. According to the information received, there is no right to appeal
against death sentences passed by the Military Collegium. The urgent appeals
sent by the Special Rapporteur concerned Sergej Alexandrovitch Grebenkov
(22 February 1993) and five Russian privates: Vladislav Kudinov,
Konstantin Tukish, Yaroslav Yevstigneyev, JIIdrej Filippov and
Mikhail Lisovoy (21 May 1993) .
128. The Special Rapporteur also transmitted to the Government of Azerbaijan a
number of specific cases which were said to have occurred in the context of
the armed conflict. They concerned the following four persons, who were
said to have been killed while held in detention by Azerbaijani security
forces: Youri Housepi Osipovitch Dshangiryan, Vitali Verdyan, Youra Goulyan,
Hratchik Shabazyan. He also retransmitted to the authorities the case of
Sergej Alexandrovitch Grebenkov, who was found dead in his cell shortly before
the scheduled date of his execution.
129. The Special Rapporteur also sent a letter to the Government of Azerbaijan
by which he transmitted the general allegations described above and requested
to be provided with information in that regard.
Communications received
130. The Government of Azerbaijan replied to the Special Rapporteur's letter
containing general concerns about the situation of the right to life in the
country, informing him that the Azerbaijani Republic was defending its
territorial integrity, independence and sovereignty against unlawful
encroachments. The Government also stated that, as a result of large-scale
aggression on the part of Armenia, about 20 per cent of the territory of
Azerbaijan had been annexed by regular army forces with the participation of
Armenian military formations from Nagorno-Karabakh and foreign mercenaries,
and accused the Government of Armenia of pursuing a policy of genocide and
“ethnic cleansing” . The number of dead among the peaceful population,
E/CN. 4/1994/7
page 36
essentially women, old people and children, was said to total some 17,000.
Furthermore, hundreds of prisoners taken by the Armenian forces had been
brutally murdered. Journalists covering the events in Azerbaijan and
Armenians advocating a peaceful dialogue with Azerbaijan were also said to
have been killed by Armenian forces (22 September 1993) .
Observations
131. The Special Rapporteur appreciates the willingness to cooperate shown by
the Government of Azerbaijan in providing him with the above-mentioned reply.
However, he wishes to note that no reference has been made by the authorities
to the allegations attributing human rights violations to Azerbaijani
government forces nor to any steps taken to investigate such allegations or
to prevent abuse of force in the context of the armed conflict. No details
have been provided on the concrete cases transmitted by the Special Rapporteur
in 1992 and 1993.
132. The Special Rapporteur remains concerned at the reports of violations of
the right to life and, in particular, large numbers of civilian casualties in
the context of the conflict in Nagorno-Karabakh. He will continue to pay
special attention to this problem and may envisage requesting the Government
of Azerbaijan to invite him to carry out a visit to the area.
Bangladesh
133. The Special Rapporteur received reports about a number of positive steps
towards an increased protection of human rights taken by the Government of
Bangladesh, namely an amnesty of prisoners detained under the previous
government, a review of charges brought against political opponents under the
previous government, and the opening of investigations into several cases of
human rights violations. However, he also continued to receive many reports
and allegations indicating that human rights abuses, including extrajudicial,
summary or arbitrary executions, continue to occur in Bangladesh.
134. Different sources expressed particular concern at the situation in the
Chittagong Hill Tracts, a remote area under military control in south-east
Bangladesh, traditionally inhabited by tribal people known as Jumma.
Negotiations between the Government of Bangladesh and the Shanti Bahini,
the armed wing of the tribal political organization Jana Shanghati Samiti
(People's Solidarity Association), aiming at regional autonomy, have not yet
led to a political solution of an armed conflict which have opposed the
government security forces and the Shanti Bahini since the mid-1970s. While
the latter are said to have been responsible for a large number of killings,
many violations of the right to life are said to have occurred in the context
of the counter-insurgency policy pursued by the Government of Bangladesh.
Those allegedly responsible for extrajudicial, summary or arbitrary executions
are members of the security forces as well as paramilitary forces reported to
be cooperating with them, such as the “Bangladesh Rifles” or the “Arisar”
guards.
135. It was further reported that members of the security forces responsible
for human rights violations enjoy virtual impunity from the law. In this
regard, the Special Rapporteur was informed that section 132 of the Code of
E/cN. 4/1994/7
page 37
Penal Procedure of Bangladesh states that no prosecution against any person
for any act purporting to be done under this chapter (Unlawful assembly) shall
be instituted in any court, except with the sanction of the Government.
Reportedly, no magistrate, police, civil or military officer or any
subordinate officer or soldier or volunteer doing any act in obedience to any
order which he was bound to obey shall be deemed to have committed an offence
thereby. Furthermore, the Special Rapporteur was informed that under the
Presidential Security Force (Amendment) Act 1992, passed on 15 July 1992,
officers of the security forces are granted legal immunity if they shoot or
kill anyone whose presence or movement is believed to threaten the physical
security of the Prime Minister and of certain other important persons.
136. With regard to the death penalty, the Special Rapporteur received
information according to which the Parliament of Bangladesh had approved,
on 1 November 1992, the Curbing of Terrorist Activities Act 1992. This law
reportedly extended the death penalty to a number of off ences for which the
maximum punishment previously was imprisonment. Nine offences listed under
the heading of terrorism or anarchy were said to be punishable with from five
years' imprisonment to the death penalty, without relating specific offences
to specific punishment. The Act reportedly provided that investigations of
such off ences were to be completed within 30 (exceptionally 45) days and that
detainees could not be granted bail. The trial, held before a special
tribunal, was to be completed within 60 (exceptionally 90) days.
Communications sent
137. The Special Rapporteur transmitted to the Government of Bangladesh
communications concerning the alleged extrajudicial, summary or arbitrary
execution of over 30 persons, S of them women. Four cases concerned alleged
violations of the right to life of minors.
138. The Special Rapporteur sent three urgent appeals to the Government
of Bangladesh after being informed of the alleged imminent involuntary
repatriation of a group of Muslim (Rohingya) refugees from Rakhine State,
Myanmar (31 December 1992) ; of the imminent execution of the death penalty
against Munir Hussain, allegedly in breach of internationally recognized
fair trial guarantees (23 July 1993) ; and of death threats against novelist
Taslima Nasran (26 October 1993) .
139. The Special Rapporteur transmitted two communications to the Government
of Bangladesh which contained the general concerns summarized above as well as
the following specific cases of alleged violations of the right to life
(27 April 1993 and 29 July 1993) :
(a) Chempu Chakma, Mohini Ranjan Chakma, Mohini Bala Chakma, Master
Nittamay Chakma (10) , Subilash Chakma, Shabika Chakma (7) , Nirashadebi
Chakma (17), Prasannakumar Chakma, Nishi Kumar Chakma, Ramkamal Chakma and
several unidentified civilians were reportedly extrajudicially executed by
members of the security forces in the Chittagong Hill Tracts;
E/CN. 4/1994/7
page 38
(b) Fulakamal Chakma, Goladhan Chakma, Ahmed Mominuddin and Momma
Khatum reportedly died as a consequence of torture while held in detention by
the security forces. A man called Quader was also said to have died while in
police custody;
(c) Hussain Anwar, Ali Wajed, Islam Shahidul, Muddin Hasiruddin, Rahman
Azizar, Zaidur and Islam Manirul (16) were reportedly killed by members of the
“Bangladesh Rifles” in the Chittagong Hill Tracts when they tried to prevent
the soldiers from stealing cattle in their villages;
(d) Mom Hussain Raju was reportedly killed by police during a peaceful
student demonstration on the campus of Dhaka University.
Communications received
140. The Government of Bangladesh provided replies regarding a number of
these cases. With regard to the death sentence against Munir Hussain, the
Government reported that three courts, namely the Sessions Court, the High
Court Division of the Supreme Court and the Appellate Division of the Supreme
Court had reached the conclusive opinion that Mr. Hussain had murdered his
wife. He had been defended by competent lawyers. Allegations concerning
shortcomings in the right to a fair trial were without basis. His trial,
conviction and execution was not extrajudicial, summary or arbitrary
(2 August 1993) .
141. With regard to the cases transmitted by the Special Rapporteur in his
letter of 27 April 1993, the Government of Bangladesh reported that most
deaths had occurred during armed encounters between government forces and the
Shanti Bahini, or as a result of armed attacks by the latter. Several of
those killed were said to have been active members of the insurgents. One of
them, Fulkamal Chakma, committed suicide in his cell; one other, Goladhan
Chakma, died of natural causes while being escorted by a patrol towards
Guimara army camp (19 October 1993) .
142. In the same letter, the Government of Bangladesh repeated information
provided in an earlier communication (27 May 1993) concerning a number of the
allegations transmitted by the Special Rapporteur in 1992. These incidents
were described as terrorist attacks in which the security forces had not been
involved at all; a clash in which no innocent civilians had been affected; and
one case in which law enforcement agents had to open fire to prevent the
escape of a terrorist.
143. The Government of Bangladesh also informed the Special Rapporteur
that the information whereby a religious group, infuriated by passages in a
novel published by Taslima Nasreen, had condemned her to death, were false,
concocted and politically motivated. The group itself had denied in a press
conference having pronounced such a condemnation. After the publication of
the false reports, the writer had requested, and was granted, police
protection. Her normal life had not been restricted or disturbed in any way.
This has been confirmed by the source of the allegation (17 November 1993) .
E/cN. 4/1994/7
page 39
Follow-up
144. The Special Rapporteur addressed a letter to the Government of Bangladesh
in which he requested additional information concerning the replies received
during 1992 (see E/CN.4/1993/46, paras. 115-117), as well as on 27 May and
on 2 August 1993. These requests concerned, in particular, details on the
grounds for the Government's affirmation that the reports of alleged
violations of the right to life were without factual basis. With regard to
the massacre at Logang cluster village (E/cN.4/1993/46, paras. 116-117), the
Special Rapporteur asked to be provided with additional information concerning
the inquiry carried out, the text of the decision which concluded the
investigation, as well as clarifications concerning the role of the
“Bangladesh Rifles” and other paramilitary groups and measures adopted to
prevent excessive use of force in counter-insurgency operations.
145. The contents of the replies provided by the Government to the cases
transmitted in were communicated to the sources of the allegations. One
source already provided the Special Rapporteur with comments, reinforcing the
earlier allegations.
Observations
146. The Special Rapporteur appreciates the replies provided by the Government
of Bangladesh to a number of the cases transmitted. He has taken note with
appreciation of the above-mentioned reports of measures taken with a view to
better protection of human rights. However, the Special Rapporteur remains
concerned at the situation in the country, particularly since similar
allegations continue to be received. In the process of follow-up, the
disparity between the allegations received from different sources and the
information provided by the Government in its replies has increased further,
after additional details have been provided by a source. In this context, the
Special Rapporteur wishes to express his continued interest in carrying out an
on-site visit to Bangladesh. Such a visit had been requested in 1992, in
connection with the killings at Logang cluster village in April 1992 (see
E/CN.4/1993/46, paras. 112, 113, 116, 117) . The Government of Bangladesh had
informed the Special Rapporteur that, since an official commission had
investigated the incident, a further investigation would not serve any useful
purpose. In a letter to the authorities, however, the Special Rapporteur
reiterated his interest in visiting Bangladesh, since the objective of his
visit, rather than carrying out an investigation which falls within the
responsibility and competence of the local authorities, would be to gather
first-hand experience of the situation in the country so as to be in a
position to evaluate better the information that comes before him and to make
recommendations concerning the protection of the right to life.
Brazil
147. As in former years, the Special Rapporteur has received various reports
indicating that violence against “street children” and in the context of land
conflicts in rural regions are the two principal causes for violations of the
right to life in Brazil.
E/CN. 4/1994/7
page 40
148. As regards “street children”, the Special Rapporteur was informed that in
February 1992, a Parliamentary Commission of Inquiry published a report on
“The extermination of minors” and concluded that the participation of members
of the civil and military police in the killings of children and adolescents
was far from being exceptional. According to this commission, police killings
were the third highest cause of homicide of children and adolescents in
Brazil. “Death squads”, often composed of off-duty civil and military police
officers hired by local shopkeepers to “clean up” the streets where they have
their business, are also often reported to be responsible for killings,
death threats and acts of harassment and intimidation against “street youth”.
Allegedly, local police often support such “death squads” and sometimes even
participate in their operations.
149. The Special Rapporteur has recently received information according to
which, during the first half of 1993, 320 “street children” were killed in
Brazil. Particularly disturbing reports referred to mass killings by members
of the military police of “street children” in shantytowns of Rio de Janeiro,
and about threats to the safety of eye-witnesses to these massacres who
presented their testimony in judicial investigations and identified those
responsible.
150. The Special Rapporteur also received numerous reports and allegations
concerning extrajudicial killings of and death threats against peasants,
particularly if they are of indigenous origin, who claim their property rights
to land. These rights are said to be guaranteed in the 1988 Constitution.
Persons representing these peasants in their efforts to have their land
demarcated, such as human rights workers, trade unionists, lawyers or
religious figures, are also often said to be victims of executions or death
threats. The States of Pars and Mato Grosso do Sul have repeatedly been named
as being particularly affected by this phenomenon. Several observers have
denounced the persistent failure on the part of the authorities to assure
effective protection for the peasants and to impose sanctions upon those
responsible for killings and threats. According to the information received,
in most cases these are gunmen hired by local landowners who are said to be
enjoying support from the police.
151. The killing in August 1993 of at least 50 Yanomami indians in the north
of Brazil by a group of garimpeiros (goldminers) who were said to have
threatened them on earlier occasions was reported to the Special Rapporteur as
a particularly serious case in which the authorities failed to protect the
right to life.
Communications sent
152. The Special Rapporteur communicated to the Government of Brazil
allegations concerning violations of the right to life of 128 persons; 20
cases concerned alleged violations of the right to life of women. Ten urgent
appeals were sent on behalf of persons whose life and physical integrity was
said to be under threat. Three urgent appeals concerned particularly grave
mass killings. In three letters to the authorities, the Special Rapporteur
transmitted seven further cases of alleged extrajudicial, summary or arbitrary
executions. Twenty-five cases concerned alleged violations of the right to
E/cN. 4/1994/7
page 41
life against “street children”. Ten cases were said also to constitute
violations of the right to freedom of opinion and expression, peaceful
assembly and association.
153. The Special Rapporteur urged the Government of Brazil to ensure effective
protection of the right to life of:
(a) “Street child” Valdeci Souza Santos, after the killing of six
others: Carlos Henrique Moreira, Carlos Andre dos Santos, Antonio Carlos de
Oliveira, Alexandre Silva Neves, Carlos Henrique de Souza Santos and Alexandre
Marcio Pacheco de Oliveira (31 December 1993) ; “street children” Ademir
Silveira dos Santos and Moises Silva do Nascimento, as well as street
educators Father Horacio Caballero and Sister Maria Cecilia Garez Leme
(30 April 1993) ; human rights activist Raimundo Nonato Souza Santos
(16 August 1993); “street children” Fabio de Oliveira (Barao) (13) , Michael
JIIdre de Aguiar (13) , Marcos Pereira Muniz (14) , Fabio Ribeiro (15), Elizabeth
Cristina (Beth) de Oliveira Maia (16), Rogerio da Silva (16) , Sergio Dias
Gomes (16) , Leonardo Teixeira de Sa, as well as Neilton Pereira dos Santos and
Wagner dos Santos, all of whom had eye-witnessed the killing of seven “street
children” in Rio de Janeiro (15 October 1993) ;
(b) Marilene Lima da Souza, Vera Lucia Flores, Denise Vasconcelo,
Euzilar Joana da Silva Oliveira, Edneia Santos Cruz and Teresa Souza Costa,
mothers of children who had disappeared in June 1990, after the killing of two
of them, Edmeia da Silva Eusebio and Sheila da Concei9ao (28 January 1993) ;
(c) Trade unionists Valdinar Pereira Barros and Francisco Geronimo da
Silva (22 December 1992) ; missionary Elsa Rosa Zotti (13 July 1993); lawyers
Valdenia Brito, Katia Costa Pereira and Jayme Benvenuto de Lima Jr.
(2 August 1993) ; nun and lawyer Cecilia Petrina de Carvalho, municipal
counsellor Analdino Laranjeira and Bishop Pedro Casald liga
(22 November 1993) .
154. The Special Rapporteur also sent urgent appeals to the Government of
Brazil after receiving reports of the killings of “street children” Paulo
Roberto de Oliveira, Marcelo Candido de Jesus, Valderina Miguel Rogerio de
Almeida, Paulo Jose da Silva, Anderson Thome Pereira, Marcos Antonio Alves
da Silva, Gamabzinho and Nogento in Rio de Janeiro (30 July 1993);
approximately 50 Yanomami indians in northern Brazil (26 August 1993) ;
Gilberto Cardoso dos Santos and 20 others (names available with the
Secretariat) in the Vigario Geral shantytown of Rio de Janeiro
(7 September 1993) .
155. The Special Rapporteur transmitted to the Government of Brazil the
alleged extrajudicial, summary or arbitrary execution of:
(a) “Street child” Jose Alves da Cunha (13) ;
(b) Local counsellor Renildo Jose dos Santos, trade union leader
Arnaldo Delcidio Ferreira, Paulo Henrique da Silva, trade union leader Amancio
Francisco Dias, Reinaldo Silva and agricultural cooperative leader Joaci
Rodrigues da Silva.
E/CN. 4/1994/7
page 42
Communications received
156. In 1993, the Government of Brazil provided the Special Rapporteur with
replies informing him that inquiries had been opened and continued to be
carried out into alleged death threats against Nivaldo Vieira do Nascimento
(see E/CN.4/1993/46, para. 125 (g)) (1 July 1993) and lawyers Valdenia Brito,
Katia Costa Pereira and Jayme Benvenuto de Lima (2 November 1993) . All four
were granted special protection. The latter three subsequently considered
that police protection was no longer necessary and requested its suspension.
The Government of Brazil also informed the Special Rapporteur that judicial
investigations had been opened into the massacre of “street children” in
Rio de Janeiro, and that the eye-witnesses were being protected by military
police in the “Witnesses House” in Rio de Janeiro (2 November 1993) .
157. With regard to the massacre of 21 people in Vigario Geral, the Government
of Brazil informed the Special Rapporteur that the allegations were accurate,
and that the crime had roused the abhorrence of the Brazilian Government and
the society as a whole. The authorities publicly condemned the massacre as an
inadmissible act of revenge. As a consequence, the Minister of Justice
announced the creation of a special unit within the Federal Police to
investigate crimes perpetrated by gangs and death squads in Brazil, with
particular attention to the activities of death squads in Rio. As concerns
the police investigation into the crime of Vigario Geral, 28 military police
officers had been arrested and warrants had been issued against five others.
The commander under whose orders those accused served was dismissed. Legal
procedures were initiated to grant compensation payments to the relatives of
the victims (15 November 1993) .
158. The Government of Brazil also provided information with regard to the
following cases transmitted in 1993:
(a) Raimundo Nonato Souza Santos: in response to his claim that
the State police in Manaus was giving paramilitary training to children
from 9 to 17 years old, this police project was suspended by preliminary
ruling on 18 August 1993 and proceedings were initiated by the Attorney for
Children and Youth of the State of Amazonas and on the Federal level. The
municipality of Manaus was called upon by the federal authorities to provide
an alternative form of assistance to the 348 boys involved (10 November 1993) ;
(b) Elsa Rosa Zotti: the State authorities of Mato Grosso were
instructed to provide the necessary protection to the missionary
(11 November 1993) ;
(c) Jose Renildo dos Santos: the allegations corresponded to the
findings of the police inquiry into the case. Six persons, namely the mayor
of Coqueiro Seco, his father and four military police officials were formally
charged with murder with aggravating circumstances. Their preventive
detention was requested (11 November 1993) ;
(d) The massacre of Yanomami indians: an ad hoc bilateral commission
under the joint responsibility of the Brazilian and Venezuelan Ministries of
External Relations was set up and had started investigating the events, which
occurred inside Venezuelan territory. The commission held its first meeting
E/cN. 4/1994/7
page 43
to exchange information on 21 September 1993. The Brazilian authorities had
arrested two suspects and arrest warrants for 19 others had been issued
(18 November 1993) .
159. In addition, the Government of Brazil informed the Special Rapporteur
about the recent sentence of 516 years' imprisonment imposed on a police
officer found responsible for the deaths of 18 inmates of Parque Sao Lucas
prison in Rio de Janeiro in February 1989 (23 November 1993) .
Follow-up
160. The Special Rapporteur sent a letter to the Government of Brazil in
which he requested additional information on a number of cases for which the
authorities had provided replies in 1992. These requests concerned the
current status of investigations that had been opened as well as the concrete
measures adopted to protect persons under threat, and the progress of the
inquiries into alleged death threats and attempts of extrajudicial, summary or
arbitrary executions (22 September 1993) .
161. By the same letter, the Special Rapporteur transmitted to the Government
of Brazil additional information he had received concerning the investigation
into the killing of 111 prisoners in the Sao Paulo Detention House in
October 1992. This case had been transmitted by the Special Rapporteur
in 1992 and the Government had forwarded a reply (see E/CN.4/1993/46,
para. 130) . Several sources had alleged serious shortcomings in the way the
inquiries had been carried out, particularly with regard to the gathering and
preservation of evidence. It was also pointed out that none of the official
investigations concluded by attributing individual responsibility to any of
the military police officers involved, despite there being sufficient evidence
to do so. However, it was reported that judicial proceedings had been opened
before a military court in Sao Paulo. The Special Rapporteur asked the
Government of Brazil to provide him with information on the allegations
summarized above, the current state of the proceedings, any sanctions imposed
on any of the officers involved, any compensation granted to the families of
the victims, as well as any measures adopted to prevent similar incidents from
happening again in the future.
162. The Government of Brazil also informed the Special Rapporteur that the
death threats against Antonio Fernandes Pereira and Isaias Mendon9a Araujo
(see E/CN.4/1993/46, para. 125 (d)) had been investigated by the police and
the public prosecutor of Itaguatins. It was established that they had come
from their own relatives in the context of land disputes (15 November 1993) .
163. During his visit to Geneva in November 1993, the Special Rapporteur met
with a representative of the Brazilian Government who provided him with
additional information concerning the efforts undertaken by the Brazilian
authorities with a view to investigating past violations of the right to life
and preventing the occurrence of similar incidents in the future. In
particular, the Special Rapporteur was informed about projects to set up a
special unit within the Federal Police to investigate killings by “death
squads” and to carry out a reform of the judiciary, as well as measures
directed at changing the mentality of the police and diminishing frictions
between the federal and State security forces. There are plans to introduce
E/CN. 4/1994/7
page 44
new legislation under which grave human rights violations would be considered
as federal offences and which would place the military police under the orders
of the civilian judiciary. The Special Rapporteur was further informed that
efforts to curb impunity were widely supported by the civilian population, as
was shown by a recent demonstration with over 20,000 participants in
Rio de Janeiro.
Observations
164. The Special Rapporteur highly appreciates the willingness to cooperate
shown by the Government of Brazil. He has taken note with satisfaction of the
measures announced by the authorities to bring to justice the perpetrators of
human rights violations and encourages them to continue their efforts in this
regard. It is hoped that the increasing awareness of both the authorities and
the society, as manifested in the above-mentioned demonstration, may lead to
increased protection for the right to life in Brazil. As to the difficulties
arising out of the division of tasks between federal and State security
forces, the Special Rapporteur wishes to stress that the obligation of the
federal Government under international law to investigate human rights abuses,
bring to justice those responsible, ensure victims' rights and prevent further
abuses, extends to all components in the federative structure. Thus,
legislation and practice in all States must conform to the international
standards.
165. However, the Special Rapporteur remains concerned at persistent and grave
allegations about violations of the right to life against “street children”
and in the context of land conflicts. The Special Rapporteur urges the
Government of Brazil to undertake every effort to grant special protection to
“street children” . The Special Rapporteur would also like to express deep
concern at the killings of Edmeia da Silva Eusebio and Sheila da Concei9ao,
two of the mothers of a group of children who had disappeared from Mag in
June 1990, despite earlier urgent appeals by the Special Rapporteur to the
Government of Brazil in which he requested that they be protected from
possible attempts at their lives.
Burundi
166. In early 1993, the Special Rapporteur received encouraging reports
indicating that positive steps towards democracy had been taken in Burundi:
In March 1992, after 26 years of one-party rule under the Party of Unity and
National Progress (UPRONA) dominated by the Tutsi ethnic group, the country
became a multi-party State. The first presidential elections took place
on 1 June 1993 and were reportedly held peacefully. They were followed,
on 29 June, by the first multi-party legislative elections since 1965.
President Buyoya, who had initiated the reforms, and his party were
overwhelmingly defeated, and President Ndadaye, a member of the Hutu ethnic
group, and his party, the Front for Democracy in Burundi (FRODEBU), came to
power.
167. On 21 October 1993, the armed forces, 90 per cent of whose members
are reportedly Tutsi attempted a violent coup d'etat during which
President Ndadaye and senior government officials (both Hutu and Tutsi) were
extrajudicially executed. Following the attempted coup, peaceful
E/cN. 4/1994/7
page 45
demonstrations were violently repressed by the army which resulted in an
undetermined number of civilian casualties. As on numerous occasions in the
past, ethnic massacres erupted among the civilian population, especially in
the rural areas: Tutsi were killed by Hutu in acts of revenge and Tutsi,
especially members of the armed forces, killed Hutu. This violence is
believed to have resulted in tens of thousands of deaths and in as many
as 700,000 refugees in neighbouring countries.
Communications sent
168. Following the attempted coup, the Special Rapporteur sent an urgent
appeal jointly to the Government of Burundi and to the Chief of Staff of the
Armed Forces expressing concern for the life and physical integrity of
President Ndadaye and other senior government officials (22 October 1993) .
Communications received
169. At the time of the preparation of the present report, no communications
had been received from the Government of Burundi. However, it should be noted
that at the time the Special Rapporteur sent the above-mentioned urgent
appeal, the remaining members of the Government had sought refuge in a hotel
under the protection of French gendarmes.
Observations
170. The Special Rapporteur was appalled by the recent violent attempted
coup in Burundi, which constituted a setback in what appeared to be promising
reforms in a country marked by numerous ethnic conflicts and massacres
over many years. The information received by the Special Rapporteur was
incomplete, due both to the breakdown of communications during the attempted
coup as well as to the remoteness of the regions where the worst massacres
were reported to have taken place. At the time of the preparation of the
present report, precise casualty figures were not known. However, the reports
received indicate an alarmingly high death toll.
171. The Special Rapporteur is concerned that the acts of violence described
above may affect the already fragile peace achieved in neighbouring Rwanda,
where similar ethnic tensions prevail (see E/cN.4/1994/7/Add.1) . As the
Special Rapporteur pointed out in the conclusions of his analysis of
violations of the right to life in Rwanda, lessons should be drawn from the
past, and the vicious cycle of ethnic violence which has drenched both Burundi
and Rwanda in blood must be broken. To this end, the impunity of the
perpetrators of the massacres must be definitively brought to an end and
preventive measures to avoid the recurrence of such tragedies must be
designed.
172. It was reported that the Government of Burundi had requested that an
international force help to stabilize the situation in the country and that an
independent international investigation into the killings be carried out. The
Special Rapporteur hopes that international intervention in Burundi will not
limit itself to sending troops, but that the protection of human rights will
be taken into account in its preparation.
E/CN. 4/1994/7
page 46
173. The Special Rapporteur may request an invitation from the Government of
Burundi to carry out a mission to that country. Considering the nature of the
problems facing Burundi, such a visit could be undertaken jointly with the
Representative of the Secretary-General on internally displaced persons,
Mr. Francis Deng. Furthermore, it could be combined with a possible follow-up
mission to Rwanda.
Cambodia
174. According to reports received by the Special Rapporteur, grave human
rights violations continue to occur in Cambodia in the context of widespread
violence and a judicial system which was allegedly incapable of serious
enforcement of any existing legal code.
175. The Special Rapporteur received a number of reports concerning members
of a newly created legal opposition party, the Buddhist Liberal Democratic
Party (BLDP) , who were said to have been victims of attacks by members of the
Popular Armed Forces, the security forces of the State of Cambodia, in 1992.
Information was also received concerning the killing of numerous ethnic
Vietnamese civilians by the Partie of Democratic Kampuchea (PDK or Khmer
Rouge) , which reportedly refused to disarm its troops and violated the
cease-fire on a regular basis. It was further reported that, in the context
of continuing fighting between the PDK and government forces, the killing of
ethnic Vietnamese had become a tool for maintaining a state of terror and
endemic violence in many parts of the country.
Communications sent
176. The Special Rapporteur transmitted to the Government of Cambodia 10 cases
of alleged extrajudicial, summary or arbitrary executions which were said to
have occurred in 1992: five persons were found dead a few days after their
arrest by members of the armed forces; In Dar and Vun Thom Dar were killed
during a bomb attack on the offices of the BLDP shortly after members of the
party had received threats from members of the Popular Armed Forces; BLDP
member Ath Sodhan and his mother Yea Naun were killed at home during an attack
by members of a unit of the Popular Armed Forces; BLDP member Duong Ngieb was
killed by armed men allegedly linked to the police.
Communications received
177. At the time of the preparation of the present report, no communications
had been received from the Government of Cambodia.
Observations
178. The Special Rapporteur wishes to emphasize that the recent withdrawal of
the United Nations Transitional Authority in Cambodia (UNTAC) does not mean
that all problems regarding the respect of the right to life, especially the
violent incidents provoked by the forces of the PDK, have been solved in
Cambodia. In fact, allegations of violations continue to be transmitted to
the Special Rapporteur and, according to the reports received, the weakness of
the judiciary and the continuing impunity enjoyed by the perpetrators, as well
E/cN. 4/1994/7
page 47
as the climate of violence and terror still prevailing in the country, create
an atmosphere favourable to the persistence of human rights violations,
including violations of the right to life.
179. The Special Rapporteur hopes that the cooperation he had started with
UNTAC would continue with its successors. This should be facilitated by the
fact that a human rights programme in Cambodia has been initiated by the
Advisory Services and Technical Cooperation Branch of the Centre for Human
Rights.
Cameroon
180. The Special Rapporteur received reports concerning violations of the
right to life in 1992 by members of the Cameroonian security forces in the
context of the state of emergency in North-West Province, of political unrest
in many cities, and of intercommunal disturbances. Such reports included
killings of civilians by gendarmes who were said to have opened fire
indiscriminately on groups of people, in particular against participants in
peaceful demonstrations. The Special Rapporteur was also informed about one
case of death as a result of torture in security police custody.
Communications sent
181. The Special Rapporteur sent one urgent appeal to the Government of
Cameroon in response to reports concerning four Chadian exiles who were
believed to be about to be forcibly returned to Chad, where their life and
physical integrity were feared to be at serious risk: Abbas Kotti, former
Minister of the Government of Chad, Bichara Digui, Bichara Idriss Hagar and
Mahamat Souleymane (31 December 1992) .
182. The Special Rapporteur transmitted to the Government of Cameroon nine
specific cases which were all reported to have taken place in 1992. They
concerned: Hilary Bantar Njeta, who was said to have been killed by gendarmes
in retaliation for assaults by a crowd against their houses; Anthony Tangiri,
Joseph Yongla and Glory Ngeh, allegedly due to excessive use of force; two
non-identified persons during a demonstration; Gandhi Che Nowa, reportedly as
a consequence of torture in security police detention; Fidolis Fonga Ayaba,
allegedly shot at close range by a policeman; and Gideon Manko Ngum, lynched
by a crowd reportedly benefiting from the complicity of members of the
security forces.
Communications received
183. The Government of Cameroon replied to two urgent actions sent by the
Special Rapporteur in November 1992 (E/cN.4/1993/46, paras. 160 and 161),
informing him that Victorin Hamari Bieuleu and Nyo Wakai had been released and
that their life and physical integrity had not been threatened; Alhadji Umaru
Sakini had also been released and Joseph Ekosene had never been arrested
(26 April 1993) .
Observations
184. The Special Rapporteur appreciates the willingness to cooperate shown by
the Government of Cameroon in providing replies to two of the urgent appeals
E/CN. 4/1994/7
page 48
sent in 1992. However, it must be noted that no information was received with
regard to another urgent appeal sent by the Special Rapporteur in 1992 in
response to particularly grave allegations concerning the treatment of sick
inmates of Tchollir II prison. In this context, it should be recalled that
as many as 70 persons held at that prison were reported to have died as a
result of malnutrition and medical neglect (E/CN.4/1993/46, paras. 157
and 158) .
185. According to information recently received from the source of the
allegations, Abbas Kotti was extrajudicially executed by members of the
Republican Guard in the Chadian capital N'Djamena on 22 October 1993.
186. The Special Rapporteur calls upon the Government of Cameroon to comply
with its obligation to investigate all allegations of violations of the right
to life, bring to justice their perpetrators, and provide compensation to the
families of the victims. The Special Rapporteur also urges the authorities to
adopt all necessary measures to avoid excessive use of force against those
peacefully exercising their right to freedom of opinion and expression,
peaceful assembly and association.
Central African Republic
187. The Special Rapporteur sent an urgent appeal to the Government of the
Central African Republic after receiving information about the killing of at
least four persons, including one woman identified as Hermine Yakite, by
security forces between April and June 1993. Three were said to have been
killed when security forces opened fire against demonstrators. Fears had been
expressed that similar abuses of force might occur in further demonstrations
that were expected to take place in connection with elections scheduled for
August 1993. The Special Rapporteur urged the authorities to adopt all
necessary measures to prevent such acts (16 June 1993) .
188. The Special Rapporteur also transmitted to the Government of the Central
African Republic allegations concerning the killing by police of
Dr. Jean Claude Konjugo during a demonstration in August 1992.
Communications received
189. At the time of the preparation of the present report, no communications
had been received from the Government of the Central African Republic.
Chad
190. The Special Rapporteur received a number of reports concerning serious
violations of the right to life in Chad. According to the information that
has come before him, more than 800 persons have been extrajudicially executed
since December 1990, when President Idriss D by came to power. Numerous
killings were said to have taken place during counter-insurgency operations
and reprisal attacks against persons perceived by government security forces
as members or supporters of rebel groups because of their ethnic origin or
place of residence.
E/cN. 4/1994/7
page 49
191. The Special Rapporteur was informed that President D by started his
leadership on a positive note, namely the institution of a commission of
inquiry to investigate abuses committed during the eight years of office of
President Hissein Habr , during which over 40,000 people are believed to have
been killed or to have disappeared. However, according to the reports
received, no steps have been taken to exercise effective control over the
security forces, who reportedly continued to resort to excessive lethal force
against unarmed civilians or captured insurgents. It was further reported
that members of the security forces who commit violations of human rights
enjoy virtual impunity, in part because the judiciary, allegedly due to lack
of support from the authorities, is largely unable to bring those responsible
to justice. Similarly, the Procuracy, itself reportedly under threat from the
security forces, is said to have no possibility to arrest people who are
protected by the military.
192. The Special Rapporteur received alarming reports about massive killings
of civilians by security forces in the regions of Moyen-Chari and Logone
Oriental during the first half of 1993. A number of these killings were said
to have been committed in retaliation for earlier attacks on security forces
by armed opposition groups. In August 1993, more than 30 civilians were
reported to have been killed when security forces allegedly used automatic
weapons and rockets to disperse demonstrators in the capital N'Djamena.
193. A National Conference was held from mid-January to early April 1993 to
debate Chad's political future and introduce reforms and measures to ensure
respect for human rights. Some steps in this direction, such as the abolition
of the security police force set up in 1991 or an inquiry, in April 1993, into
human rights violations in southern Chad, are already said to have been taken.
However, it is still unclear to what extent the recommendations formulated by
the National Conference have actually been implemented.
Communications sent
194. The Special Rapporteur transmitted to the Government of Chad allegations
he had received concerning violations of the right to life of at least 250
persons; 132 of them were allegedly extrajudicially executed while exercising
their right to freedom of opinion and expression, peaceful assembly and
association.
195. The Special Rapporteur sent four urgent appeals to the Government of
Chad in which he urged the authorities to adopt all necessary steps to
avoid the recurrence of violations of the right to life, after he received
information concerning: the killing by the Republican Guard, a unit of the
Chadian National Army, of 45 inhabitants of Gore town and surrounding
villages, including Djimta Balo, Mathieu Ndotoloum, Jacob Dibo, Gabriel
Mbaitoloum, Rachel Yohodutum and Alphonse Ndooyo, as well as young
children and women, and the deployment in the region of Moyen-Chari of
large numbers of heavily armed soldiers (12 February 1993); continued
attacks on civilians by the Republican Guard in the Moyen-Chari region,
which included the alleged extrajudicial execution of Jacques Diedje,
Maound Mbal ri, Issa Mbal&i, Maoud Bawa and Yainl Gourde as well as
the abduction of four women (23 March 1993); the extrajudicial execution in
April 1993 of at least 100 unarmed civilians by the Republican Guard in Logone
E/CN. 4/1994/7
page 50
Oriental province (27 April 1993) ; the killing of more than 30 civilians
and the injuring of over 150 others during clashes on 8 August 1993 between
demonstrators and security forces in N'Djamena (19 August 1993) .
196. The Special Rapporteur also transmitted to the Government of Chad
the following four specific cases: Mianbe Mbailao, civil servant, reportedly
killed by army officials whom he had accused during a radio programme of
having stolen international aid funds; Albo Madjigoto, reportedly killed by
two unidentified men driving a military vehicle; Mostapha Hisseine, killed
in a car accident allegedly provoked by members of security forces; and at
least 100 unarmed civilians, allegedly killed when members of the armed forces
fired at them indiscriminately during a counter-insurgency operation in Doba.
Communications received
197. The Government of Chad provided the Special Rapporteur with the
following information in reply to some of the cases transmitted to the
authorities by the Special Rapporteur in 1992. There was nothing to prove
that Joseph Behedi had been assassinated by the army nor that Ali Assali,
Bedel Gabriel, Mahamat Dabou or Issa Etenna had been arrested solely because
of their ethnic origin (see E/cN.4/1993/46, para. 167 (a) and (b) ) . An
investigation had been opened concerning the incidents of October 1991 and
concerning the cases of Goukouni Guet and Mahmat Saker (E/CN.4/1993/46,
para. 167 (c)) (15 January 1993) .
198. The Government of Chad also informed the Special Rapporteur that
commissions of inquiry had been established to investigate violent
incidents resulting in civilian casualties in October 1991 and June 1992.
The Government denied formally the existence of paramilitary groups operating
with the acquiescence of the Government and stated that acts of violence
committed by individuals or paramilitary groups were the consequence of the
proliferation of weapons in the country after a long period of war. The
Government also informed the Special Rapporteur that it was the task of the
Chadian judiciary to deal with allegations of death threats by the police and
that persons under threat should therefore address themselves to the competent
authorities (24 May 1993) .
199. In reply to the Special Rapporteur's urgent appeal of 23 March 1993
the Government of Chad reported that a Commission of Inquiry had conducted
investigations to determine responsibility for the killings of civilians in
the context of confrontations between the Chadian National Army and rebels of
the Committee for the Revitalization of National Peace and Democracy (CSNPD)
in region of Logone Oriental (not in Moyen-Chari). The Commission concluded
that innocent persons had been killed as a result of the confrontations
between the army and the rebels and that deliberate massacres and looting had
been carried out by certain elements of the army. The officers responsible
had been arrested and transferred to the capital to be brought to justice and
all officials, civil servants and soldiers implicated had been dismissed.
Those mentioned in the urgent appeal as having been killed by the security
forces were actually killed by the rebels (2 June 1993) .
200. Finally, the Government of Chad informed the Special Rapporteur in
reply to his urgent appeal of 19 August 1993 that a gathering of mourners in
E/cN. 4/1994/7
page 51
N'Djamena had turned into an unauthorized demonstration with the clear
intention of disturbing public order. In order to prevent an escalation,
police tried to disperse the crown with tear-gas. As it was not possible to
control the demonstrators, and after three gendarmes and three policemen had
been killed, the Chadian National Army was called upon. After firing warning
shots, the army used firearms to disperse the demonstration. In addition, the
Government informed the Special Rapporteur that, on 29 June 1993, the Council
of Ministers had adopted a number of measures to restore public order and
ensure security for the population (10 September 1993) .
Follow-up
201. The Special Rapporteur sent a follow-up letter to the Government of Chad
in which he referred to the first three of the above replies. The Special
Rapporteur requested additional details concerning the commissions of inquiry
instituted to investigate human rights violations and, in particular: their
composition; the procedures applied; sanctions and sentences, judicial or
other, imposed on the persons found responsible for such human rights
violations; compensation granted to the families of the victims; and the
measures taken to avoid further similar incidents. The Special Rapporteur
also asked to be informed about the basis on which the Government imputed
killings to the rebel forces, in particular about any inquiries as may have
been carried out.
202. With regard to the cases mentioned above, the source of the allegations
replied to the Special Rapporteur's request for comments and observations on
the information provided by the Government of Chad. The source informed the
Special Rapporteur that, according to the information at its disposal, no
independent investigation had been conducted into any of the cases; that the
commission of inquiry into the events of October 1991 had been announced but
never actually began any inquiry; and that none of the recommendations made by
the commission of inquiry into the massacres in Logone Oriental prefecture had
been implemented. The Special Rapporteur will follow up on this information
with the Government of Chad.
Observations
203. The Special Rapporteur wishes to express his appreciation for the
willingness to cooperate shown by the Government of Chad in providing him with
the replies summarized above. The Special Rapporteur welcomes the holding of
the National Conference and the establishment of commissions of inquiry as
steps towards a better protection of the right to life. However, he is
concerned that recommendations by the National Conference appear not to have
been followed. Persistent allegations of violations of the right to life and
reports according to which no independent inquiries have been carried out are
also most disturbing.
204. The Special Rapporteur calls upon the Government of Chad to take urgent
measures to put an end to impunity and to enable the judiciary to effectively
carry out its role in the many reported cases of violations of the right to
life, especially those perpetrated by the security forces. The Special
Rapporteur also urges the authorities to adopt preventive measures to avoid
the recurrence of violent incidents.
E/CN. 4/1994/7
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Chile
Communications sent
205. The Special Rapporteur urged the authorities to adopt all necessary
measures to prevent the excessive use of force by security forces,
particularly in the context of demonstrations, after Jose Octavio Araya Ortiz
and Sergio Leopoldo Calder6n Beltrami were said to have been killed by
carabineros during a manifestation. The Special Rapporteur also appealed to
the authorities to ensure effective protection of eye-witnesses who had
allegedly received death threats (29 September 1993) .
206. The Special Rapporteur transmitted to the Government of Chile allegations
concerning the killing of the following three persons during an attempted
escape from a prison in Santiago, allegedly due to excessive use of force of
the prison guards: Pedro Ortiz Montenegro, Mauricio G6mez Lira and
Jose Miguel Martinez.
Communications received
207. The Government of Chile provided the Special Rapporteur with a reply
concerning the killing of Pedro Ortiz Montenegro et al. and informed him that
the three were part of a group of eight who tried to escape from the prison,
using firearms against prison personnel. They also shot at unarmed personnel
controlling the entrance to the prison and at guards placed in front of the
building. The security forces tried to prevent the escape and to defend
themselves. As a result, three prisoners managed to escape; two, among them
Pedro Ortiz Montenegro, were recaptured, seriously injured and three died.
Two gendarmes and one carabinero were injured. Judicial investigations were
opened to determine whether the security personnel resorted to excessive use
of force. At the time of the reply (16 June 1993) , they had not yet been
concluded.
Observations
208. The Special Rapporteur wishes to express his appreciation for
the information provided by the Government in reply to his communication
of 27 April 1993 and hopes that the dialogue initiated with the Chilean
authorities will continue.
China
209. The Special Rapporteur continued to receive very detailed information
about the practice of the death penalty in China. Particular concern has been
expressed at the large number and broad range of crimes subject to capital
punishment. The Special Rapporteur was informed that, according to Chinese
legal experts, some 65 criminal offences - a third of all criminal offences
under Chinese law - were currently punishable by death. Far from being
restricted to “most serious crimes” with lethal or other extremely grave
consequences, they were said to include crimes such as “speculation”,
“corruption” or “bribery”.
E/cN. 4/1994/7
page 53
210. Moreover, it was reported that death sentences were imposed almost
mechanically in cases involving theft of goods or “economic loss” to the
State, when the amount of the theft or loss exceeded 30,000 yuan. This was
also said to be the case where the value of goods allegedly stolen by a
defendant over a long period of time reached 30,000 yuan. Due to the rapid
growth of the Chinese economy in recent years, this threshold was reportedly
reached more easily than in the past, often even by first-time offenders, thus
increasing the number of death sentences imposed.
211. The Special Rapporteur was further informed that the number of of fences
subject to capital punishment had increased since the Chinese Penal Code came
come into force in 1979. In addition, article 79 of the Chinese Penal Code
provides that “a crime not specifically prescribed under the specific
provisions of the present law may be confirmed a crime and sentence rendered
in light of the most analogous article under the special provisions of the
present law” . Grave concern has been expressed at this provision, which
permits the imposition of capital punishment by analogy.
212. Article 44 of the Chinese Penal Code provides that “a person between
sixteen and eighteen years of age who commits a particularly serious crime may
be sentenced to death with a two year reprieve” . Several observers have
pointed out that this provision is in contravention of a number of
international instruments which prohibit the imposition of capital punishment
for any crime committed by juveniles.
213. The Special Rapporteur has also received a number of allegations of
shortcomings in procedures during trials leading to the imposition of
the death penalty under Chinese law. According to these reports, under
legislation adopted on 2 September 1992, defendants may be brought to trial
without notification of the trial and of their right to appoint a lawyer, and
without being given in advance a copy of the bill of prosecution in cases
involving murder, rape, robbery, causing explosions or other acts which
“seriously endanger public security” . In such cases, the defendants are said
to be tried either without a lawyer or with a court-appointed lawyer who has
had no time at all to prepare the defence. In other cases, trials allegedly
take place very shortly after the defendant has received the bill of
prosecution, leaving insufficient time to prepare the defence. If the
defendants have legal counsel, the rights of the lawyers to meet with the
defendants are said to be restricted. In addition, it has been alleged that
lawyers have access only to parts of the file concerning the case; they cannot
confront witnesses and have no possibility of challenging the validity of the
charges brought against the defendant.
214. Furthermore, it was reported that there is no presumption of innocence in
Chinese legal practice, as decisions on guilt and sentence are allegedly made
outside court hearings by committees subject to political influence. As a
result of the powers vested in the “preparatory courts” ( yupei ting ) and the
“adjudication committees” ( shepan weiyuanhui ) , the formal trial procedures are
said to have little bearing on the outcome of cases.
215. Although Chinese law provides for the possibility of appealing to a
higher court, in practice this right to appeal is said not to be fully
guaranteed. Reportedly, no hearing is held on appeal. Once the death
E/CN. 4/1994/7
page 54
sentence is confirmed, there is no further avenue of appeal. Petitions for
pardon or commutation of the death sentence by the President of the Republic
or the Standing Committee of the National People's Congress do not suspend the
execution of the sentence.
Communications sent
216. The Special Rapporteur communicated to the Government of China
allegations according to which 19 persons were sentenced to death and executed
in application of the legislation and practice described above. Eighteen of
them had reportedly been found guilty of theft. One, Luo Deming, was said to
have been executed for selling alcohol under a fake brand name, which was said
to have been qualified by the Supreme People's Court as having “severely
disrupted the socialist economic order, so that the circumstances of the
offence were particularly serious”.
Follow-up
217. The Special Rapporteur communicated to the Chinese Government the
concerns regarding the application of capital punishment. In doing so, he
pointed out that similar reports had been received, and transmitted to the
Government, in recent years. The Special Rapporteur continues to find himself
in a position where it seems impossible to him to arrive at any conclusion as
to the merit of these allegations, since they continue to differ substantially
from the information that had been provided by the Chinese authorities in 1992
(see E/CN.4/1993/46, paras. 183-184) . The Special Rapporteur therefore
reiterated his interest in carrying out a visit to China in order to gather
first-hand information and thus be in a better position to evaluate the
situation.
218. At the time of the preparation of the present report, no reply had been
received from the Government of China.
Observations
219. The Special Rapporteur is deeply concerned at the continued grave
allegations of lack of respect for the safeguards and guarantees protecting
those who may face capital punishment in China. Additional details about
legislation and practice with regard to the death penalty which were provided
to the Special Rapporteur during 1993 by credible sources have only increased
his concern at the serious deficiencies of the Chinese legal system. It is
particularly disturbing in this regard that the desire to cooperate with
the Special Rapporteur, expressed by the Chinese Government in 1992, when
information was forwarded in reply to the Special Rapporteur's communications,
has not continued: no reply has been received concerning the cases and
general allegations transmitted in 1993, nor have the authorities reacted to
the Special Rapporteur's repeated expressions of interest in carrying out an
on-site visit to China in order to be able to study and evaluate the
situation. Nevertheless, the Special Rapporteur would like to reiterate his
readiness to collaborate in any possible way with the Chinese authorities and
hopes that he may be able to contribute to an improvement of the protection of
the right to life in China.
E/cN. 4/1994/7
page 55
Colombia
220. The Special Rapporteur received numerous reports and allegations
indicating that human rights abuses, and, in particular, violations of the
right to life continue to occur at an alarming scale in Colombia. According
to data published by Justicia y Paz , during the first nine months of 1993,
more than 9,100 people died victims of political violence in the country.
221. A large number of violations of the right to life were said to be
committed in regions where security forces maintain a strong presence due to
Government counter-insurgency operations. The departments of Antioquia,
Arauca, Cauca, Meta and Santander have been pointed out to the Special
Rapporteur as being particularly affected. Members of the armed forces, the
police and paramilitary groups cooperating with them were reported to be
responsible for extrajudicial, summary or arbitrary executions.
222. Very often, the victims of such killings were said to be civilians who
were perceived by the security forces as potential guerrilla collaborators.
Members of indigenous communities in these areas, such as the Arsario, Arhuaco
or Kogui indian peoples, were described as particularly vulnerable. As in
former years, the Special Rapporteur also received a large number of
allegations concerning extrajudicial executions of, or death threats against,
representatives of political opposition parties, members of human rights
associations, journalists, lawyers and persons linked with the church.
223. With regard to allegations of violations of the right to life committed
by paramilitary forces, the Special Rapporteur received an alarmingly high
number of reports concerning the region of San Vicente de Chucuri, Santander.
There, paramilitary structures were allegedly activated, supported and
protected by State security forces, whose members were frequently said to be
directly implicated in extrajudicial, summary or arbitrary executions.
224. The Special Rapporteur was informed that, according to an official
document about human rights violations in 1992, published by the
Attorney General of Colombia (Procuraduria General de La Naci6n) , 58 per cent
of the complaints presented to his office in 1992 were directed against
members of the National Police, and particularly its intelligence units.
225. The Special Rapporteur also continued to receive allegations about
violations of the right to life in the context of so-called “social clean-up
operations” ( “operaciones de limpieza social” ) in a number of Colombian
cities. During the course of the year, an increasing number of such reports
were received. “Death squads” composed of armed individuals, in a number of
cases also of members of the National Police, were reported to be responsible
for the killing of the “socially undesirable” : “street children”, juveniles
from street gangs, vagrants and suspected delinquents.
226. Furthermore, the Special Rapporteur received numerous reports indicating
that in only a few cases of alleged human rights violations had investigations
been initiated. Even where this occurred, it was reported that only in very
exceptional cases had such inquiries resulted in the punishment of the authors
of human rights abuses and in the compensation of the families affected.
E/CN. 4/1994/7
page 56
Members of the armed forces, the police and the paramilitary groups
cooperating with them reportedly continued to enjoy virtual impunity.
Communications sent
227. The Special Rapporteur communicated to the Government of Colombia
allegations he had received concerning the violation of the right to life of
more than 300 persons, including 15 minors and 7 women; 28 cases allegedly
constituted violations of the right to freedom of opinion and expression,
religion or peaceful assembly and association. By sending 28 urgent appeals,
the Special Rapporteur intervened on behalf of more than 260 persons.
Allegations concerning the right to life of a further 40 people were
transmitted in a separate letter.
228. The Special Rapporteur sent 26 urgent appeals to the Government of
Colombia in which he expressed concern for the safety of the following persons
whose lives were said to be in danger:
(a) “Street children” in Bogota, after posters were found in the
capital announcing the extermination of “street children”, inviting them to
attend their own funerals (19 August 1993) ; Harizon Ortiz and nine other
“street children” in Cali (15 October 1993);
(b) Lawyers Carlos Edgar Torres Aparicio, Rodolfo Alvarez,
Oscar Elias L6pez and anthropologist Etnio Vidardo as well as witnesses
of the killing of more than 20 indigenous P ez (17 December 1992) ; priest
and human rights activist Rafael Duarte Ortiz (4 February 1993) ;
Betty G6mez de Mondrag6n, widow of Hugo Varela Mondrag6n (see E/CN.4/1993/46,
para. 209 (b)) (26 February 1993); 10 persons accused of being guerrillas,
among them local authorities and members of the opposition party “Uni6n
Patri6tica” : Alvaro C6rdoba and nine others (names available with the
Secretariat) (26 February 1993); community leader Pedro Jose Chaparro Cuesta,
Luis Sosa and Mr. Fierro, after the assassination of Epimenio Rodriguez Guzntn
and Marcos Ortiz Gonzalez (17) (2 April 1993) ; community leaders
Hector Torres, Noel Segura Diaz, Alba Segura Diaz and Isidro Torres
(12 March 1993) ; trade unionists Luis Fernando Alzate Alvarez, Oscar Toro,
Jorge Bar6n, Gustavo Peffia and Carlos Garcia (2 April 1993); lawyer
Dr. Eduardo Umaffia Mendoza (30 April 1993) ; municipal counsellor
Alfonso Palacio (16 June 1993) ; the wife of Gregorio Nieves, who was an
eyewitness to his killing (17 June 1993); Gilberto Martinez and five
passengers in his car, who had witnessed the extrajudicial execution of
brothers Hermes and Linder Osvaldo Jim nez Barco (13 July 1993) ; members
of the Regional Committee for the Defence of Human Rights (CREDHOS)
(25 July 1993); community leader Pablo Eli Acosta (29 July 1993); 150 persons
on a list, accused of being guerrilla collaborators or sympathizers, to be
published by a television station (11 August 1993 and 22 November 1993) ;
detainee and member of an armed opposition group Orlando Quintero Perez
(26 August 1993); lawyer Dr. Rafael Barrios Mendivil (3 September 1993) ;
community workers Manuel Claro, Erminoso Sepi lveda, Luis Reyes and two
brothers of Victor Guaudia, who had been killed (7 October 1993); community
members after the killing of John Harol Ortega (29 October 1993) .
E/cN. 4/1994/7
page 57
229. The Special Rapporteur also urged the authorities to investigate the
following cases of grave violations of the right to life and to take all
necessary measures to prevent such incidents in the future:
(a) The killing, in a “social clean-up operation”, of Jesi s Maria
Valencia Zuleta and 14 others (names available with the Secretariat) . In
this context, fear had been expressed for the life of Roman Dario Roldan
(7 October 1993);
(b) Excessive use of force in counter-insurgency operations resulting
in the killing of Victor Zambrano, Reyes Fuentes, Jose Fuentes and another
peasant (26 July 1993); peasants Mois s Galv n Pantoja, Sol Galv n Pantoja and
their cousin called Chavela (2 April 1993) ; Pedro Carvajal. In this context,
fear had been expressed after death threats against Jorge Torres and
Norberto Quintero (22 October 1993) ;
(c) Events in San Vicente de Chucuri: Leonardo Rangel and
Isnardo Garcia Carreflo, who were abducted and killed; fear had been expressed
for the lives of peasants Jose del Carmen Peffia, Leonardo Pineda, Rosendo
Fonseca, Roque Sandoval and Alvaro Quiroga (28 January and 23 February 1993);
death threats against mayor Sail Pico G6mez and Humberto Geovo Almanza
(23 February 1993) .
230. In three letters to the Government of Colombia, the Special Rapporteur
transmitted the following 41 cases of alleged extrajudicial, summary or
arbitrary executions:
(a) Pedro Jaramillo Rueda, Humberto Jaramillo Rueda, Mario Lozada
Ortiz, Pedro Guevara, Fredy Prada Vargas, Jose Eugenio Morales and one
other peasant, reportedly after torture; Faride Herrera Jaime and Oscar Ivan
JIIdrade Salcedo; Elio Valdonado, Herminia Barbosa and Octavio Bovilla;
Pastor Ballesteros Tarazona and Jose Terry Perez Castellanos; indigenous
leader Gerardo Moreno Florez;
(b) Alvaro Diego Escribano, member of “Uni6n Patri6tica”; Jose Rodrigo
Garcia Orozco, leading member of “Uni6n Patri6tica”; trade union leader
Eimar Tejada Trujillo; trade union leader Luis Carlos Perez; trade unionist
Hernando Valencia Laso;
(c) In the context of counter-insurgency operations: Wilson Quintero,
Gustavo Coronel and Luis Alfonso Ascanio; Ramiro Ramos Ramos and
Victor Garces; Luis Ernesto Ascanio and Ram6n Villegas;
(d) In San Vicente de Chucuri, between September 1992 and May 1993:
John Rail Rodas; Ricardo Uribe; Jose del Carmen Diaz; Euclides Peffialoza
Galvis; Luis Angel Patiflo Patiflo; Luis Carlos Lopera Londoflo; Octavio Sierra;
Carlos Alberto Marquez Solano; Rodolfo Carreflo Chaparro; Ruben Ardila Pinz6n;
Jaime Pineda Corzo; Horacio Rueda Castellanos; Eduardo Arciniegas;
Antonio Maria Forero Navas.
/CN. 4/1994/7
page 58
Communications received
231. The Government of Colombia provided the Special Rapporteur with replies
to the following cases:
(a) Betty G6mez de Mondrag6n: the competent authorities contacted her
to assess the situation and grant protection to herself and to her family
(5 April 1993) ;
(b) Rafael Duarte Ortiz: the competent authorities were instructed by
the Consejeria Presidencial para la Defensa, Protecci6n y Promoci6n de los
Derechos 1-lumanos to provide the necessary means of protection (5 April 1993);
as a result of a complaint filed by Rafael Duarte Ortiz, a disciplinary
investigation was carried out which resulted in the imposition of three and
eight days of detention, respectively, upon two police agents (27 July 1993);
(c) Dr. Eduardo Umaffia Mendoza: after he had, on his own decision,
declined the escort assigned to him by the Departamento Administrativo de
Seguridad, the Consejeria Presidencial requested the Attorney General's office
to give particular attention to his case (3 June 1993) ;
(d) Gregorio Nieves: judicial investigations had been opened into his
killing. The Consejeria Presidencial approached the Defence Ministry and the
Army Command with a view to protecting his wife (16 August 1993);
(e) Orlando Quintero Paez: the Consejeria Presidencial requested
the competent authorities to ensure due protection for the prisoner
(18 October 1993) ;
(f) Victor Guaudia et al. : investigations have been initiated by the
competent office of the Attorney General. The municipal officials said to
be under threat met with the police to evaluate their security situation.
Measures were adopted to grant them protection and investigate the origin of
the death threats against them (11 November 1993) .
232. In addition, the Government of Colombia informed the Special Rapporteur
that in the aftermath of the criminal attack in Bogota on 15 April 1993 which
caused the death of 10 persons, the authorities were obliged to declare
the state of internal commotion, in conformity with article 215 of the
Constitution and Legislative Decree 261 of 5 February 1993 (23 April 1993) .
233. Furthermore, the Government of Colombia transmitted to the Special
Rapporteur a report on the conditions of human rights in Colombia, issued by
the authorities. This report referred, inter alia , to the new Constitution
of 1991, and, in particular to provisions it contains for the protection
of human rights through the “writ of protection” (see below para. 235),
legislation on police reform passed in 1993 and on states of emergency
(19 November 1993) .
Follow-up
234. On 22 September 1992, the Special Rapporteur sent a letter to the
Government of Colombia in which he requested to be provided with additional
E/cN. 4/1994/7
page 59
information regarding a number of cases transmitted both in 1992 and 1993, for
which replies had been received. Where the Government had informed him that
investigations had been opened, the Special Rapporteur inquired about the
current status of the investigations and their results, if already concluded.
Where the Government had stated that protection had been granted to persons
under threat, the Special Rapporteur asked to be informed about the specific
measures adopted.
235. During his stay in Geneva in November 1993, the Special Rapporteur met
with representatives of the Government of Colombia who provided him with
additional information about measures taken by the authorities to improve
respect for the right to life in Colombia. In particular, reference was made
to a reform of the police and the “writ of protection”, an instrument provided
for in the Colombian Constitution of 1991 to ensure respect for fundamental
rights and freedoms. As concerns the right to life, the Special Rapporteur
was informed that this writ of protection can be used in cases of death
threats by members of the armed forces, thus giving the civilian courts some
control over acts of military personnel, even when they are on active duty.
236. Furthermore, the Government invited the Special Rapporteur to carry out a
visit to Colombia. In view of the fact that four electoral consultations will
be held in Colombia in 1994, it is envisaged that this visit will take place
after September 1994. In preparation for the visit, the Special Rapporteur
plans to intensify his dialogue with the Government of Colombia with regard to
the recommendations made by his predecessor, Mr. S. Amos Wako, after his visit
to the country in 1989, and, in particular, with a view to identifying the
obstacles faced by the authorities in their efforts to implement these
recommendations.
Observations
237. The Special Rapporteur highly appreciates the willingness to cooperate
shown by the Government of Colombia. He has taken note with appreciation of
the measures taken by the Government with a view to better protection of the
right to life. The Special Rapporteur would also like to thank the Government
of Colombia for inviting him to carry out an on-site visit.
238. However, the Special Rapporteur remains concerned: as described above,
he continues to receive a large number of allegations concerning violations
of the right to life. It is particularly disturbing to note that similar
allegations have now come before the Special Rapporteur for many years.
In this context, the Special Rapporteur welcomes the new legislation on
police reform and the increased possibilities for the protection of human
rights under the 1991 Constitution. He encourages the Government of Colombia
to continue its efforts in this regard and urges them to adopt effective
measures to prevent further loss of life, particularly in the context of
counter-insurgency activities or “death squad” operations against those
regarded as socially undesirable. The Special Rapporteur also appeals to the
authorities to investigate human rights abuses and bring their perpetrators to
justice.
E/CN. 4/1994/7
page 60
Comoros
Communications sent
239. The Special Rapporteur transmitted to the Government of the Comoros
allegations he had received concerning violations of the right to life
of 10 persons.
240. The Special Rapporteur sent an urgent appeal to the Government of
the Comoros after receiving information according to which M'Tara Maecha,
Omar Tamou, Abdallah Ahmed Cheik, Abderrahmane Ahmed Adallah, Combo Ayouba
and four others were sentenced to death for having participated in an attempt
to overthrow the Government in September 1992. It was alleged that they did
not fully benefit from fair trial guarantees, in particular with regard to the
independence and impartiality of the judges, who had been designated by the
Government. The defence lawyers were said to have had only limited access
both to their clients and to the files of the case. Furthermore, the
defendants allegedly did not have the right to appeal (30 April 1993) .
241. The Special Rapporteur also transmitted to the Government of the Comoros
the case of Djida Ahmed, who was said to have been extrajudicially executed by
members of the armed forces of the Comoros. No investigation was said to have
been carried out.
Communications received
242. At the time of the preparation of the present report, no communications
have been received from the Government of the Comoros.
Cuba
Communications sent
243. The Special Rapporteur communicated to the Government of Cuba allegations
of the extrajudicial, summary or arbitrary execution of the following seven
persons, including one minor: Orelvis Martinez Limonta; Francisco Diaz Mesa,
reportedly due to lack of medical attention while in prison; Felipe Timoneda,
reportedly as a consequence of torture at a police station; Alain Hermida
Oviedo, reportedly as a consequence of a beating administered in prison;
Felipe Achin, allegedly while in police custody; Rodolfo G6mez Ramos,
reportedly due to lack of medical attention while in prison; and L zaro
Guti&rez Franco, reportedly due to beating by police officers.
Communications received
244. At the time of the preparation of the present report, no communications
had been received from the Government of Cuba.
Dj ibouti
245. The Special Rapporteur has received information according to which
large-scale violations of the right to life have taken place in Djibouti in
the context of renewed armed confrontations between government forces and
E/cN. 4/1994/7
page 61
forces of the Front pour la restauration de l'unit et de la d mocracie
(FRUD) (Front for the Restoration of Unity and Democracy) since July 1993.
Hostilities were said to have intensified in August 1993. According to the
reports received, soldiers of the National Army of Djibouti have carried out
numerous extrajudicial executions of civilians whom they suspected of being
members or sympathizers of the FRUD, particularly in the northern region of
Tadjourah. Most of the victims were said to have been of the Afar ethnic
group, which reportedly constitutes the majority of FRUD supporters. The
Special Rapporteur was further informed that the government forces were
carrying out these killings in total impunity.
Communications sent
246. The Special Rapporteur sent an urgent appeal to the Government of
Djibouti after being informed about the above-mentioned acts of violence and,
in particular, the killings of Kamil Houmed Souleh and Abakari Gadito in the
city of Randa, and of the nomadic shepherds Mohamed Dimbiyo Ahmed, Ahmed
Abdallah Mohamed, Mohamed Ali Ahmed and Abdo Mohamed in the Tadjourah region,
allegedly by soldiers using machine guns (24 September 1993) .
Communications received
247. At the time of the preparation of the present report, no communications
had been received from the Government of Djibouti.
Observations
248. The Special Rapporteur would like to express concern at the reports of
violations of the right to life in the context of ethnic violence described
above. The apparent lack of efforts on the part of the authorities to curb
ethnic tension and prevent its possible further escalation, particularly in
view of the alarming example of neighbouring Somalia, is particularly
disturbing. The Special Rapporteur regrets that the Government of Djibouti
has not indicated any sign of cooperation with his mandate.
Ecuador
Communications sent
249. The Special Rapporteur transmitted to the Government of Ecuador two
urgent appeals concerning alleged death threats by members of the police
against Jose Ignacio Chauvin (17) (12 February and 10 March 1993) . He also
sent an urgent appeal after receiving information about death threats against
Cecilia Guijarro by members of the military after she had publicly accused
them of being responsible for the disappearance of her son (3 November 1993) .
250. The Special Rapporteur also transmitted to the Government of Ecuador
allegations he had received concerning the death in custody, reportedly as a
consequence of torture, of Felipe Moreira Chavez.
/CN. 4/1994/7
page 62
Communications received
251. The Government of Ecuador provided the Special Rapporteur with
information concerning the cases of Jose Ignacion Chauvin and Felipe Moreira
Chavez and informed him that the competent authorities had initiated
investigations (5 April and 26 May 1993) .
Follow-up
252. The Special Rapporteur sent a follow-up letter to the Government of
Ecuador in which he asked for updated information as to the progress of these
investigations (22 September 1993) .
253. In response to this letter, the Government of Ecuador provided the
Special Rapporteur with the text of the initial report by the General
Inspectorate of the National Police on its investigations into the case of
Jose Ignacio Chauvin (30 September 1993) .
Observations
254. The Special Rapporteur would like to express his appreciation for the
will to cooperate showed by the Government of Ecuador in its prompt reply to
the allegations transmitted, as well as to his request for additional
information, and hopes to continue this dialogue in the interest of the
protection of the right to life.
Egypt
255. The Special Rapporteur received a number of communications expressing
great concern at amendments to the Penal Code of Egypt introduced through Law
No. 97 of 1992 which significantly increased the number of capital offences
provided for under Egyptian law. These provisions were said to relate to what
the law termed “terrorist” offences. According to the information received,
these offences had not been defined, leaving ample room for discretion in
determining whether an action was regarded as “terrorism” or not. Moreover,
it was reported that in a number of cases defence lawyers had only limited
access to their clients, and that the time allowed for the preparation of the
defence was not adequate.
256. Furthermore, it was reported that those accused of “terrorism” were tried
by military tribunals. Those convicted were said to have no right to appeal.
Death sentences passed by these tribunals are subject to confirmation by the
President of the Republic and then review by the Military Appeals' Bureau,
which is also headed by the President of the Republic. All death sentences
are then said to be referred once again to the President of the Republic
for final approval or clemency. Concerns have been expressed as to the
impartiality and independence of the Military Appeals' Bureau and to the lack
of effectiveness of this review procedure.
257. Between December 1992 and the end of September 1993, military courts were
said to have sentenced 28 civilians to death; 18 executions sentences were
reportedly carried out.
E/cN. 4/1994/7
page 63
258. The Special Rapporteur has also received information according to which
confrontations between the police or security forces and Islamic militants
have become increasingly violent in recent years. This was said to have
brought about a significant number of deaths among the militants as well as
members of the police. Several sources expressed concern that some of the
deaths caused by the police were the result of excessive and unwarranted
use of lethal force. Some killings were said to have been carried out
deliberately although the victims did not pose any violent threat at the time
they were shot. It was also alleged that the number of such incidents had
risen sharply in 1992, and that this trend had continued during the first
months of 1993.
259. In addition, the Special Rapporteur has received allegations concerning
deaths in custody, allegedly as a result of torture.
Communications sent
260. The Special Rapporteur transmitted to the Government of Egypt allegations
concerning violations of the right to life of 43 persons, 2 of them minors.
261. The Special Rapporteur sent eight urgent appeals to the Government of
Egypt. Seven of them concerned the alleged imminent execution of death
sentences passed by military tribunals which had convicted the following
persons under the new terrorism legislation:
(a) Al-Sharif Hassan Ahmed, Mohammad Shawqi al-Islambuli, Mostaf a Ahmed
Hamza, Rufa'i Ahmed Taha, ‘Othman Khalid Ibrahim, Ahmed Mostaf a Nourara,
Tal'at Mohammad Yassin and Tala't Fou'ad Qassim (22 February 1993);
(b) Hassan Shabata Badran, Bastawi ‘Abd al-Hamid Abu al-Magd,
Sa'id Amin Abu Al-Magd, Ashraf Sa'id Abd-Rabbu, Drawi Mohammad Ibrahim ‘Abd
al-Mutallib, Ahmed ‘Abd al-Rahim Radwan, ‘Abd al-Hadi al-Saghir Tayi' and ‘Abd
al-Hamid al-Zamqan ‘Ali (16 June 1993) ;
(c) Hassan Ramadan ‘Abdullah Shalqani, Ahmed Hussein Ahmed
Al-Husseini, Tariq ‘Abd al-Raziq Hassan, Ashraf Al-Sayyid Ibrahim Salih,
Ibrahim Sayyid ‘Abd al-'Aal and Mostafa Ahmed Hassan Hamza (22 June 1993);
(d) Ramdhan Mostaf a Mohammad Hassan, ‘Ali Fayed May'ub, Sayyid ‘Abd
al-Raziq and Hishan Mohammad Mas'ud (1 September 1993) ;
(e) Mahmoud Salah and Mostafa ‘Awni Zaki (24 September 1993) ;
(f) Yahya Mustapha Imam Shahrour, Ahmed Mohammad Hammouda and Hasham
Taha Ahmed Salim (25 October 1993);
(g) ‘Abd al-Hamid Mohammad ‘Abd al-Hamid, Fathi Imam ‘Abd al-Maguid,
Khuwaylid Mohammad Bakarat, Mohammad ‘Abdullah Mohammad, Ra'fat Mahmoud
Mohammad ‘Othman, Mohammad Hosam Ahmed al-Sharif, Yasser Kamil ‘Ali and
Mohammad Zein (12 November 1993) .
E/CN. 4/1994/7
page 64
262. The Special Rapporteur also sent an urgent appeal after being informed
about serious fear for the life of Mahammed Ali Mohammed Ali, whose health was
said to be precarious after severe torture at a police station (13 July 1993) .
263. The Special Rapporteur transmitted to the Government of Egypt allegations
concerning the extrajudicial execution, by members of the police who allegedly
resorted to excessive force, of seven students, two of them minors: Moustafa
Elewa Mohamed, Moustafa Hassan Abd-El Rady, Mohamed Ahmed Mouktar, Khaled
Hassan Mouzlem, Ahmed Hasem Abd-El Razek, Moustafa Ramzy JIId-Zied and Mohamed
Mohamed El - Saghir.
Communications received
264. The Government of Egypt provided the Special Rapporteur with replies
to his urgent appeal of 22 February 1993 (6 April 1993) and to his letter
of 27 April 1993 (13 October 1993) . Another reply was received with
reference to the letters of the Special Rapporteur regarding the occurrence
of extrajudicial, summary or arbitrary executions in Egypt (13 October 1993) .
265. The Government of Egypt forwarded detailed information as to the off ences
which are punishable by death under Egyptian law as well as the conditions and
safeguards for the application of the death penalty. The Government also
informed the Special Rapporteur in detail about the system of military justice
in Egypt. With regard to trials of civilians before military courts, the
Government stated that military jurisdiction, is normally restricted to a very
limited number of offences against military personnel, property or secrets or
off ences committed by civilians attached to the military. However, the
President of the Republic is empowered to refer specific offences, after they
have been committed, to the military courts depending on the circumstances and
their degree of gravity in the light of their nature or the identity of their
perpetrators. In such cases, trial procedures are governed by the Code of
Military Justice, whereas the applicable definitions of crime and punishment
are those set forth in the Penal Code.
266. Furthermore, the Government of Egypt pointed out that the right to
defence, as well as the impartiality of the judges in such proceedings, were
guaranteed, as was the right to appeal through review of the judgement, before
its confirmation, by more experienced legal officers; the possibility of
lodging an appeal against its confirmation on the grounds of illegality or
erroneous application or interpretation of the law, or a procedural defect
prejudicial to the rights of defence; and a mandatory submission of the
judgement to the President of the Republic for pardon.
267. With regard to the case contained in the Special Rapporteur's urgent
appeal of 22 February 1993, the Government of Egypt pointed out that only one
person, Sharif Hassan Ahmad Muhammad Hassan, was present at the trial, the
other seven being fugitives in a foreign country. Sharif Hassan was said to
have benefited from all procedural guarantees. At the time of the reply
(6 April 1993) , the judgement was being considered by the Military Appeals'
Bureau. In the case of the fugitives, who had been tried and sentenced
in absentia , the time-limit for appeal was reported to begin only from the
date of their surrender or capture.
E/cN. 4/1994/7
page 65
Follow-up
268. The source of the allegations informed the Special Rapporteur about the
execution of the death sentences in the cases of: Al-Sharif Hassan Ahmed;
Hassan Shahata Badran and seven others; Hassan Ramadan ‘Abdullah Shalqani and
four others; Ramadhan Mostafa Mohammad Hassan and three others.
Observations
269. The Special Rapporteur wishes to express his appreciation of the detailed
and prompt manner in which the Government of Egypt has provided him with
replies to the concerns transmitted. The Special Rapporteur is fully aware of
the difficulties encountered by Governments which face the problem of violence
caused by an armed opposition. While understanding the need for special
measures to curb such violence, the Special Rapporteur insists that the right
to life is absolute and non-derogable, even under special circumstances.
270. The Special Rapporteur therefore remains concerned that, under the
anti-terrorism legislation currently in force in Egypt, those accused of
crimes for which the death penalty may be imposed do not benefit from all
the safeguards and guarantees contained in the pertinent international
instruments. In this regard, the Special Rapporteur notes that the Human
Rights Committee, after examining Egyptian anti-terrorism legislation,
expressed its opinion that the definition of terrorism contained in law No. 97
of 1992 should be “reviewed by the Egyptian authorities and stated much more
precisely, especially in view of the fact that it enlarges the number of
off ences which are punishable with the death penalty. The Committee
underscores that according to article 6, paragraph 2 of the International
Covenant on Civil and Political Rights, only the most serious crimes may lead
to the death penalty” (CCPR/C/79/Add.23, para. 48) . The Human Rights
Committee also expressed deep concern about military courts trying civilians
and concluded that “military courts should not have the faculty to try cases
which do not refer to offences committed by members of the armed forces in the
course of their duties” (Ibid., para. 9).
271. The Special Rapporteur is particularly concerned at the restrictions of
the independence of the judiciary which result from the implication of the
President of the Republic at three levels: first, he decides which case is
to be heard by the military courts; second, he presides over the Military
Appeals' Bureau; and third, he is called upon to decide on appeals of pardon
or commutation of a death sentence. It is to be feared that this renders the
appeal procedure ineffective in practice. The Human Rights Committee has
also noted with concern the President's role as both part of the executive and
part of the judiciary system (Ibid) . The Special Rapporteur calls upon the
Egyptian authorities to provide for trial procedures which fully respect the
safeguards and guarantees protecting those facing the death penalty, in
conformity with the pertinent international instruments.
El Salvador
272. The Special Rapporteur received a number of reports concerning violations
of the right to life in El Salvador.
E/CN. 4/1994/7
page 66
273. In March 1993, the Truth Commission, established on 13 July 1992 as a
result of the fourth round of negotiations between the Government and the
Frente Farabundo Marti para la Liberaci6n Nacional (FMNL) in April 1991,
published its report in which it documented massive human rights violations
committed by government security forces and groups linked to them as well as,
on a lesser scale, killings and abductions carried out by the FMLN. As
regards violations of the right to life, the armed forces, police and
paramilitary groups were reported to have committed a large number of
extrajudicial, summary or arbitrary executions. In many cases, such
executions were said to have been preceded by torture and ill-treatment.
“Death squads” linked with State structures were reportedly responsible for
numerous extrajudicial killings and were said to have been used as an
instrument of terror and systematic practice to physically eliminate political
opponents. Some of these “death squads” were said to have been linked with
certain political leaders, others with intelligence services within the armed
forces.
274. The Truth Commission concluded its report with a number of
recommendations including the removal from office of all military and
judicial officials named in the report and the establishment of a fund
to provide financial compensation for the victims of past human rights
violations. The Commission also recommended a special, urgent investigation
into “death squads”, which it considered continued to pose a threat to
society. The Truth Commission also expressed concern at deficiencies in the
judicial system and recommended extensive reforms so that full and timely
justice could be accomplished.
275. In April 1993, the National Counsel for the Defence of Human Rights,
whose office had been established in 1992, also as a result of the peace
accords, also published a report in which it stated that violations of the
right to life continued and in some cases presented characteristics and
elements which gave reasonable grounds to believe that there were political
motives.
276. According to the information received by the Special Rapporteur, no steps
have been taken to put into practice the recommendations made by the Truth
Commission. On 20 March 1993, the Legislative Assembly of El Salvador adopted
the General Amnesty Law for the Consolidation of Peace, which exempts from
responsibility all those, including judicial officials, responsible for
carrying out or covering up human rights abuses committed in the context
of the civil war, and especially those mentioned by name in the Truth
Commission's report. On 21 April 1993, the non-governmental Human Rights
Commission of El Salvador (CDHES) reportedly lodged a complaint against this
law on the grounds that it violated several articles of the Salvadorian
Constitution as well as the State's obligation to respect the international
instruments ratified by the Government.
277. In its most recent report, covering the period from May to July 1993, the
United Nations Observer Mission in El Salvador (ONUSAL) stated that, while
certain improvements could be observed in some fields of human rights, grave
violations of the right to life had increased during the first half of 1993.
The reappearance of “death squads”, although described as isolated, was
qualified as most disturbing. No investigations were said to have been opened
E/cN. 4/1994/7
page 67
into most of the extrajudicial killings attributed to such groups. “Death
squads” were also reported to be responsible in 40 cases of death threats
registered by ONUSAL between May and July 1993.
278. These disturbing reports of renewed “death squad” activities were
apparently in connection with the March 1994 elections. Members of the FMLN,
including members of its National Council and candidates for the legislative
assembly, were said to have been killed. Death threats were reported against
FMLN members as well as representatives of the political opposition.
Communications sent
279. The Special Rapporteur transmitted to the Government of El Salvador
allegations concerning violations of the right to life of 20 persons.
In 4 cases, the victims were women; 15 cases concerned the alleged violation
of the right to freedom of opinion and expression, peaceful assembly and
association.
280. The Special Rapporteur transmitted two urgent appeals to the Government
of El Salvador, after being informed of death threats, allegedly by members of
the military, against lawyers Mirna de Anaya (8 January 1993) and Felix Ulloa
(27 January 1993) , both acting as defence counsel for C sar Vielman Joya
Martinez (see E/CN.4/1993/46, para. 246) . Further urgent appeals were sent
after death threats had been reported against the Secretary-General of the
Movimiento Popular Social Cristiano, Gregorio Mejia Espinoza (9 June 1993) ,
and in response to threats allegedly from a “death squad” against the Dean of
the Faculty of Law of the University of San Salvador, Rena Macadel Perla
Jim nez (21 September 1993) .
281. The Special Rapporteur also sent an urgent appeal to the Government of
El Salvador after being informed of renewed “death squad” activities, believed
to be at the root of the killings of the following FMLN members: Darol
Francisco Veliz; Heleno Hern n Castro; Medardo Brizuela Hern ndez; Justa
Victoria Orellana Cort z; Manuel de Jesi s Acevedo; and Humberto Antonio L6pez;
as well as death threats and acts of intimidation against Dr. Ruben Zamora,
Vice-President of the Legislative Assembly and candidate for the presidency;
opposition politicians Dr. Hector Silva, Rebecca Palacios and
Dr. Enrique Argumedo; journalist JIItonio Velado; student leader and FMLN
member Gabriel Quintanilla; and human rights activist Margarita Alem n
(22 November 1993) .
282. The Special Rapporteur also transmitted to the Government allegations he
had received concerning the alleged extrajudicial execution by members of the
military of Juan Carlos Garcia Panameno and Manuel de Jesi s Panameno, as well
as the reported killing by police of Santos Martinez as a result of excessive
use of force against participants in a demonstration.
Communications received
283. The Government of El Salvador provided the Special Rapporteur with
information on the killings of Darol Francisco Veliz Castellanos and
Heleno Castro, members of the FMLN. The Government reported that
instructions had been given to open inquiries into these killings. At a
E/CN. 4/1994/7
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press conference on 25 October 1993, President Alf redo Cristiani announced
that an inter-institutional commission would be created jointly with the
Human Rights Division of ONUSAL to give due follow-up to all cases that
appear to be acts of politically motivated violence, and to investigate
the existence or formation of groups which might commit such acts of violence,
so as to bring them before the courts (4 November 1993) .
284. The Government of El Salvador also provided the Special Rapporteur with
the text of a statement by the Presidential Commission on Human Rights on the
assassination of Darol Francisco Veliz Castellanos, in which it expressed
total repugnance of any type of violence assaulting Salvadorian citizens and
human dignity (29 October 1993).
Observations
285. The Special Rapporteur would like to express concern at the allegations
described above which he has received in 1993 concerning violations of the
right to life in El Salvador. With particular regard to the amnesty law
passed by the Legislative Assembly in March 1993, the Special Rapporteur would
like to note that, while in exceptional cases and under certain circumstances
it may be politically opportune to refrain from punishing the authors of
certain crimes, amnesty laws must not result in the legalization of impunity.
In particular, they must not preclude that investigations into human rights
abuses are carried out with a view to establishing the facts and granting
compensation to the victims and their families. If the result of amnesty
legislation is to refrain from establishing what has happened and thus leave
open the dark pages in the history of a country, such laws are very likely to
miss their objective of contributing to national reconciliation, most commonly
invoked as their justification. In this context, and with particular regard
to the situation in El Salvador, the alarming reports of renewed “death squad”
activities do not come as a surprise. The Special Rapporteur calls upon the
authorities of El Salvador to undertake determined efforts to implement the
recommendations made by the Truth Commission and work towards genuine and
lasting peace and reconciliation. The Special Rapporteur hopes that the
inter-institutional commission announced by President Cristiani to investigate
politically motivated violence and the existence of “death squads” could be a
step in this direction. However, the Special Rapporteur is concerned at
recent reports according to which the President had not yet indicated when he
would appoint the Government's representatives to the joint commission. The
Special Rapporteur has also learned with alarm that the investigation into the
assassination of Heleno Castro was reportedly closed by the authorities, only
one month after his killing.
Equatorial Guinea
286. The Special Rapporteur received a number of reports and allegations
concerning violations of the right to life by members of the security forces
in Equatorial Guinea. Political activists and members of opposition parties
were said to have been victims of extrajudicial executions, death threats and
acts of intimidation and harassment. Many of them were said to have been
forced into hiding.
E/cN. 4/1994/7
page 69
287. The Special Rapporteur also received alarming reports about the situation
on the island of Annob6n, where, in the context of an incident described by
the authorities as a “rebellion”, several civilians were said to have been
killed.
Communications sent
288. The Special Rapporteur communicated to the Government of Equatorial
Guinea allegations concerning violations of the right to life of more
than 22 persons. Three cases reportedly involved violations of the right
to freedom of opinion and expression, peaceful assembly and association.
289. The Special Rapporteur sent urgent appeals to the Government of
Equatorial Guinea after being informed of fear for the lives of the following
persons: Celestino Bacale, Arsenio Moro and the priests Luis Maria Ondo Maya
and Pedro Ncogo, allegedly after torture in detention (21 January 1993) ; Jose
016 Obono, lawyer and member of the opposition party “Convergence for Social
Democracy”, after death threats (13 September 1993); priest Jose Luis Engono,
after death threats and acts of intimidation against his father Francisco
Engono Micu (24 September 1993) .
290. The Special Rapporteur also sent an urgent appeal after receiving
information about violent events on the island of Annob6n, in particular the
killing of Manuel Villarubia, Simplicio Llorente and four unidentified persons
by security forces as well as Pedro Motu, member of the opposition party
“Uni6n Popular” (31 August 1993) and death threats against Bonifacio Yayeye,
Eusebio Juego, Marcos Vidal and Santos G6mez (24 September 1993) .
291. After having sent an urgent appeal to the Government of Equatorial Guinea
on behalf of Orlando Cartagena and Francisco Medina (or Benevina) , allegedly
sentenced to death by a military tribunal after summary proceedings
(15 September 1993), he was informed by the source of the allegation that
the men had in fact been sentenced to 25 years' imprisonment.
292. The Special Rapporteur also transmitted to the Government of
Equatorial Guinea allegations he had received concerning the death in police
custody, reportedly as a consequence of torture, of Damaso Abaga Nve and of
Miguel Nseng Bacale.
Communications received
293. At the time of the preparation of the present report, no communications
had been received from the Government of Equatorial Guinea.
Observations
294. The Special Rapporteur, concerned at the reports he had received
concerning violations of the right to life and, in particular, violent acts on
the island of Annob6n, urges the Government of Equatorial Guinea to take all
necessary measures directed at full respect for the right to life. He calls
upon the competent authorities to ensure that security forces act within the
restrictions on the use of force and firearms as contained in the pertinent
international instruments.
E/CN. 4/1994/7
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Ethiopia
Communications sent
295. The Special Rapporteur has communicated to the Government of Ethiopia
allegations concerning the alleged extrajudicial execution of nine persons.
Seven cases reportedly involved violations of the right to freedom of opinion
and expression, peaceful assembly and association. Those said to be killed,
by soldiers of the Ethiopian People's Revolutionary Democratic Front (EPRDF)
in January 1992, were Mohamed Sheikh Mohamoud Iraad and Abdirashid Sulub
JIIshur. Reportedly, no investigation into their deaths had been initiated.
The Special Rapporteur also transmitted to the Government of Ethiopia
allegations according to which members of the security forces had killed at
least seven students who participated in a demonstration in January 1993. The
security forces had allegedly opened fire without any warning on the
participants in this demonstration, which had not been authorized. No
judicial inquiry was said to have been opened.
Communications received
296. The Government of Ethiopia provided the Special Rapporteur with
information about the establishment, on 8 August 1992, of the Office of the
Special Prosecutor, which was mandated to create a historical record of the
abuses of the regime of Colonel Mengistu and to bring those criminally
responsible for human rights violations and/or corruption to justice
(4 November 1993) .
Follow-up
297. The Government of Ethiopia forwarded a reply to a request for information
on cases which had been transmitted by the then Special Rapporteur in 1991, in
which it pointed out that the alleged violations of the right to life had
occurred during the previous military regime, and that the Transitional
Government of Ethiopia should therefore not be asked to account for them.
With regard to eight persons allegedly shot during a demonstration shortly
after the EPRDF took control of the country, the Government pointed out that
this demonstration had been staged by an unruly group and had quickly
degenerated into violence. The security forces had to enforce law and order
in order to keep the acts of violence from spreading.
Observations
298. The Special Rapporteur has received with appreciation the information
forwarded to him by the Transitional Government of Ethiopia. It would appear
that the establishment of a Special Prosecutor's Office to investigate human
rights violations under the previous government and bring to justice those
responsible constitutes a recognition of the need to clarify the facts. It is
hoped that this will lead to the allocation of compensation to the victims of
such abuses and their families, and that measures will be adopted to avoid the
occurrence of similar violations in the future.
E/cN. 4/1994/7
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Guatemala
299. As in former years, the Special Rapporteur received alarming reports of
human rights violations in Guatemala, including extrajudicial, summary or
arbitrary executions.
300. According to data published by the non-governmental Human Rights
Commission of Guatemala (CDHG), between July 1992 and July 1993,
violations of the right to life included 282 extrajudicial executions,
189 execution attempts and 210 cases of death threats. In the first six
months of 1993, 104 extrajudicial executions were registered, along
with 82 attempted executions and 103 death threats. In 24 cases,
extrajudicial executions were said to have been preceded by torture. Members
of the armed forces, the civil self-defence patrols (PAC) , agents of various
police units and so-called “death squads” allegedly collaborating with them
are indicated as being the authors of such violations of the right to life.
301. As in past years, children, women and the indigenous population were
said to have been among those most vulnerable to human rights abuses.
Minors and, in particular, “street children”, as well as individuals and
organizations such as Casa Alianza seeking to protect them and provide them
with education and training, reportedly continued to be victims of killings
and death threats. Between 1992 and 1993, CDHG reported 17 extrajudicial
executions of minors, 54 attempts against their lives and 15 cases in
which they were subjected to death threats. Women reportedly suffered from
discrimination due to their gender, their socio-economic status and their
ethnic origin. Indigenous people were also said to continue to be victims of
acts of harassment, death threats and even extrajudicial killings, often for
refusing to join the ostensibly voluntary civil defence patrols or for their
activities in indigenous resistance groups.
302. The Special Rapporteur also continued to receive a large number of
reports about violations of the right to life of human rights defenders and
members of popular organizations, trade unionists, journalists, university
students and teachers, as well as persons linked with the church engaged in
activities in favour of marginalized sectors. The following organizations
active in the defence of human rights have been indicated as targets of
death threats and attacks: the National Coordinating Committee of Widows of
Guatemala (CONAVIGUA) , the Guatemalan Association of Jurists (AGJ) , the
National Council of the Displaced of Guatemala (CONDEG), the Association for
the Advancement of Social Sciences in Guatemala (AVANCSO) , the Committee for
Peasant Unity (CUC), the Council of Ethnic Communities “We are all Equal”
(CERJ) , the Mutual Support Group for the Appearance of Our Relatives Alive
(GAM) and the Families of Detainees and Disappeared Persons in Guatemala
(FAMDEGUA) . Several of these associations have been cooperating with
procedures of the Commission on Human Rights for years.
303. The Special Rapporteur also received persistent reports of violations
of the right to life in the context of the Government's counter-insurgency
strategy. Indiscriminate military attacks, employing heavy weaponry against
civilian areas, were said to have caused a large number of victims. A total
E/CN. 4/1994/7
page 72
of 61 bombardments of residential zones and 18 military operations directed
against the civilian population were registered by CDHG during the first six
months of 1993.
304. In addition, the Special Rapporteur received a number of reports
according to which former combatants of the National Revolutionary Unit of
Guatemala (URNG) were held in secret detention centres by the military.
Several of them who escaped were said to have reported about torture and
ill-treatment as well as death threats against the detainees and their
families, allegedly with the aim of forcing them to collaborate with the
military in the identification of members of the armed opposition.
305. These human rights violations reportedly continued to take place in a
climate of impunity. As in former years, the Special Rapporteur was informed
that only in very few cases were judicial proceedings initiated which led to
the identification and conviction of those responsible for human rights
violations. In particular, the civil defence patrols are said to continue 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.
306. After the aborted coup d'etat by former President Jorge Serrano Elias
on 25 May 1993 and the election of human rights attorney Ramiro de Le6n Carpio
as the new President in the absence of a head of State, several observers
expressed their hope that the human rights situation in Guatemala would
improve and new impulse given to the peace negotiations between the Government
and URNG.
Communications sent
307. The Special Rapporteur transmitted to the Government of Guatemala
allegations he had received concerning violations of the right to life against
more than 220 persons. Seventeen cases reportedly concerned violations of the
right to life of minors and in 30 cases the victims were women; 66 cases
reportedly involved violations of the right to freedom of opinion and
expression, peaceful assembly and association.
308. The Special Rapporteur addressed 25 urgent appeals to the Government of
Guatemala after he had received reports about death threats by members of the
security forces or forces collaborating with them against:
(a) Bruce Harris, executive director of Casa Alianza (15 January 1993) ;
Demetrio JIItonio Perez Ord6ffiez, collaborator of Casa Alianza (19 March 1993);
Axel Mejia, collaborator of Casa Alianza (24 March 1993) ;
(b) “Street children” Jose Humberto Sandoval Guillo, Carlos Mayan,
Axel Danilo V squez, Juan Carlos Calder6n, Henry Molina and Francisco Tziac
(19 August 1993);
E/cN. 4/1994/7
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(c) Ruby Magdalena Guzm n, wife of journalist Alf redo Torres Coyoy
(25 January 1993) ; Angela Maria Contreras Chavez, collaborator of GAM
(30 April 1993) ; Pablo Itzep Hern ndez, Cruz Luz Hern ndez and Manuel
Bat n Hern ndez, members of CERJ (28 May 1993); student leaders Amilcar David
Montejo Garcia, Armando Estrada Quesada and Ingrid Lucrecia Urrutia Aldana
(2 June 1993); Jer6nimo Moralez Tiriquiz and Tom s Suy Cantil, members of
CERJ, as well as their families (17 June 1993); trade union leaders Elizabeth
Recinos Alvarez de Le6n and Eluvia de Salam (14 July 1993); Fernando Rena de
Le6n Solano, executive secretary of AGJ (2 August 1993); Oswaldo Enriquez
Contreras, leading member of CDHG, and his relatives Ricardo Enriquez,
Dr. Roberto Enriquez and Maria Elena Enriquez (11 August 1993) ; medical doctor
Brenda M&ida (1 September 1993) ; Olga Ruano Cruz de Garcia, president of a
neighbourhood committee (14 September 1993); members of AGJ and CONDEG, after
attacks on their offices (20 September 1993) ; Nineth Montenegro, president of
GAM, as well as other members of GAM and FM'IDEGUA (29 September 1993) ; Marco
Choco Damas, member of CONDEG (22 November 1993) ;
(d) Journalists Byron Barrera Ortiz, Hugo Arce, Marco Augusto Quiroa,
Otto Moran, Carlos Rafael Soto, Haroldo Sanchez, Marco Vinicio Mejia,
Mario Roberto Morales, Danilo Rodriguez and Ruben Mejia, trade unionists
Byron Morales and Romeo Monterroso, student leader Victor Hugo Godiel,
community workers Helmer Vel zquez, Oscar Azmitia, Mario Silvestre and
Alberto Monterroso, human rights lawyer Rodolfo Azmitia Jim nez as well as
Alberto Echeverria, Ricardo Stein, Edgar Franco Rivera, Andr s Campos,
Hector de Le6n Sagastume and Raquel Gartz, whose names were listed in a
leaflet threatening them with assassination (8 April 1993); Juan Jose
Rodil Peralta, the President of the Supreme Court, Rigoberta Menchi and
21 other well-known human rights activists, trade unionists, student leaders
and journalists, in a communique which threatened to kill them
(15 October 1993) ;
(e) Alejandro Pablo, in the context of land conflicts
(25 January 1993) ; trade unionist Carlos Ranferi G6mez L6pez, after a
visit to the Indigenous Resistance Communities in El Quiche Department
(2 April 1993) ; Gustavo Monz6n, coordinator of Casa Nazareth, an organization
which assists indigenous peasants and students (15 October 1993);
(f) C sar Augusto Paiz, Member of Parliament for the National
Liberation Movement (MLN) (25 January 1993);
(g) Human rights activist Rigoberta Menchi and her family
(25 January 1993) ;
(h) Juan Carlos Marroquin Tejeda and Jose Arnaldo Tejeda, witnesses to
the extrajudicial killing of anthropologist Myrna Mack Chang in September 1990
(15 February 1993) ; Clara Arenas and Maria Elena D vila de Torres of AVANCSO
and Helen Mack Chang, sister of Myrna Mack Chang (26 February 1993);
309. The Special Rapporteur also transmitted urgent appeals to the Government
of Guatemala expressing concern for the lives and physical integrity of:
(a) Efrain Bamaca Velasquez, Anastacia L6pez Calvo, Martin
Perez Cabrera, Antonio Lorenzo, C sar Augusto Cabrera Hern ndez,
E/CN. 4/1994/7
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JIIibal Cabrera L6pez, Carlos L6pez, Reginaldo de Jesi s Perez Llama,
Sr. Estrada and 29 others identified only by nicknames, all former URNG
combatants who were said to be held in secret detention centres by the army,
where they were allegedly subjected to torture and death threats
(8 April 1993) ;
(b) Fifty-eight residents of Colotenango, among them members of CUC,
CONDEG and CONAVIGUA, said to be under threat from the local PAC, after the
killing of Juan Pablo Chanay (11 August and 14 September 1993) ; Luis Montefar,
Hector Mendizabel, Dr. Fredy Velasquez and members of San Gaspar Chajul police
station, who were said to be at risk for their participation in the exhumation
of Nicol s Bernal Mendoza, Miguel Cobo and Gaspar Caba Santiago, allegedly
killed by PAC for having refused to participate in their patrols, and the
subsequent investigation into these killings (3 November 1993) ; as well as
Marcos Godinez, Maria Sales L6pez, Ramiro Godinez Perez, Francisca L6pez
S nches and Juan Godinez Perez, after the killing of Andr s Godinez Diaz and
his wife Maria Perez S nches by members of PAC in Colotenango
(15 October 1993) ;
(c) Imprisoned ex-soldiers Francisco Solbal Santay, Tiburcio Hern ndez
Hern ndez, Noel Jesi s de Beteta Alvarez, who, at a press conference in prison,
had made declarations about extrajudicial executions by the military of
persons suspected of being “subversives” in which they participated, as well
as prisoner Jorge Guillermo Lemus, who had organized the press conference,
after the killing, allegedly as a warning to them, by security forces of four
prisoners: Mois s Tun Toc, Antonio Castillo M ndez, Jose Morales Campos and
Oliverio Echeverria (22 November 1993) .
310. The Special Rapporteur also transmitted to the Government of Guatemala
the alleged extrajudicial, summary or arbitrary executions of Jose Tuy Carmen,
Juan Tuy Quisquinay, 14-year-old Luis Antonio Tuy Carmen and 17-year-old
Susana Tuy Carmen; Lucas Perez Tadeo; and Mario Jose Colindres, allegedly by
members of the military or groups collaborating with them; Pablo Luciano and
Rosana M ndez, allegedly killed by members of the police; Catarino Chanchavac
Larios; and Tom s Lares Cipriano, member of CERJ, allegedly for having refused
to participate in the ostensibly voluntary PAC; and “street child”
Henry Yubani Alvarez Benitez, allegedly by a private security guard.
Communications received
311. At the time of the preparation of the present report, no communications
had been received from the Government of Guatemala.
Follow-up
312. The Special Rapporteur addressed a follow-up communication to the
Government of Guatemala in which he referred to replies provided by the
authorities to a number of cases transmitted in 1992 (see E/cN.4/1993/46,
paras. 296-300) . The Special Rapporteur requested the Government of Guatemala
to provide him with updated information in cases where investigations had
been opened and, in particular, whether those identified as authors of
extrajudicial killings had been detained. In cases of death threats, the
E/cN. 4/1994/7
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Special Rapporteur inquired about the measures of protection that had been
adopted. Where the Government had informed him that investigations had not
revealed any evidence indicating that the persons in question had been a
target of death threats, the Special Rapporteur asked for additional details
about those investigations.
Observations
313. The Special Rapporteur is deeply concerned at the persistent and grave
allegations of violations of the right to life as well as of impunity for
those who commit such violations. Continued reports of killings and
intimidation of “street children” and human rights activists, many of whom
have been cooperating with United Nations procedures for the protection of
human rights for a number of years, are most disturbing. The Special
Rapporteur is also deeply concerned that violations of the right to life by
members of the PAC and in the context of military counter-insurgency
operations continue. In the light of the quantity and particularly serious
character of the allegations, the Special Rapporteur regrets that no reply at
all has been received to the cases transmitted to the Government of Guatemala
in 1993. The Special Rapporteur calls upon the competent Guatemalan
authorities to make every effort to ensure effective protection of those under
threat and to carry out exhaustive and impartial investigations into all
allegations of human rights violations with a view to identifying and
punishing those responsible and granting compensation to the victims. He also
appeals to the Government of Guatemala to adopt measures directed at the
prevention of further violations of the right to life.
Haiti
314. The Special Rapporteur continued to receive a large number of
allegations of extrajudicial executions, disappearances, death threats or acts
of harassment or intimidation in Haiti. Violations of the right to life were
reported to have been carried out by members of the army or of the police, as
well as by attaches , armed civilians said to operate as auxiliaries to the
security forces, and groups constituted by soldiers in civilian clothes known
as “Zenglenderos” .
315. During the spring of 1993 and again in the month of August, an
upsurge of such violations was reported, particularly in the capital,
Port-au-Prince. Increased acts of violence directed at supporters of
President Jean-Bertrand Aristide were said to reflect the security forces'
unease at the agreement signed on 3 July 1993 by President Aristide and
Commander-in-Chief of the Armed Forces, General Raoul C dras, which provided
for the return of the former on 30 October 1993. Since this agreement was
signed, at least 100 people were reported to have been killed. Many of the
victims were said to have been journalists attempting to report incidents of
human rights violations or others who had sought to exercise their right to
freedom of expression by putting up posters, selling papers or handing out
leaflets in support of President Aristide.
316. The Special Rapporteur was further informed that impunity continued to be
the general rule in cases of violations of human rights. It was reported
E/CN. 4/1994/7
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that, almost without exception, members of the security forces and other
forces collaborating with them or acting with their acquiescence were not
asked to account for their actions.
317. In this context, the Special Rapporteur also wishes to refer to
considerations regarding the right to life contained in the report submitted
by the Special Rapporteur on the situation of human rights in Haiti,
Mr. Marco Tulio Bruni Celli, to the General Assembly in November 1993
(A/48/561) .
Communications sent
318. The Special Rapporteur transmitted to the de facto authorities in
Haiti allegations he had received concerning violations of the right to
life of 115 persons, including at least two minors and six women. At
least 15 cases reportedly involved violations of the right to freedom of
opinion and expression, peaceful assembly and association.
319. The Special Rapporteur sent four urgent appeals to the de facto
authorities of Haiti by which he expressed concern for the life an physical
integrity of: Jean Emile, journalist, and Gisfle Saint-Firmin, mother of a
supporter of President Aristide, allegedly subjected to severe torture in
detention and denial of medical care; Dilya Elyasen, Franki Mas, Selo Mas
and Jeno Mas, reportedly tortured while in detention (2 February 1993);
17-year-old Francilien Julien and other children and staff members of a
orphanage created by President Aristide, after death threats from a group
of attaches (3 June 1993); Evans Paul, former mayor of the capital,
reportedly under death threats from a group of some 200 attaches , after two
of his supporters, including Bayard Edrice, had been killed by the same
group (20 September 1993); Jean-Claude Bajeux, human rights activist and
Vice-President of KONAKOM, an organization supporting President Aristide, and
his wife, Sylvie Bajeux, after being attacked at their home by armed men said
to act in cooperation with the security forces (18 October 1993) .
320. In his urgent appeal of 20 September 1993, the Special Rapporteur
also expressed concern at the wave of political violence initiated
on 8 September 1993 and reports about the existence of a “hit-list”
of 21 supporters of President Aristide to be executed by the attaches . In
this context, the Special Rapporteur also asked the de facto authorities to
open an investigation in the alleged killing during a mass of Antoine Izm&y
and Fritz Jocelyn.
321. The Special Rapporteur also transmitted to the de facto authorities of
Haiti more than 100 cases of alleged extrajudicial, summary or arbitrary
executions, which were said to have taken place in 1992, including the
following:
(a) The following persons, most of them supporters of
President Aristide, were said to have been killed by armed men suspected
of acting with the acquiescence of the security forces: Marcel Almonaty,
Ernest Rosembert, “Ti Bateau”, Gabriel Joseph, Jean-Claude Michel, and three
unidentified women. Two members of KONAKOM were also said to have been killed
in the same circumstances: Jacques Dernoncourt and Marcel Fleurzile;
E/cN. 4/1994/7
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(b) The following persons had reportedly been killed by the so-called
“Zenglenderos” : Andre Jean Joseph and his wife, and 10 unidentified persons;
(c) The following persons were reportedly killed by members of the
armed forces, either because they were supporters of President Aristide, or
for personal reasons: Amos Mervil, Jean Time, Jean-Charles Misidor,
Jean Dadi (“Ti Dadi”), “Ti Blau”, Antoine, Gary Jeanty, Lachenais St. Vilus,
Paul Vilfranc, Jean Sony Philogane, and five unidentified persons.
322. The Special Rapporteur also transmitted the case of 40 persons who were
reportedly killed when members of the armed forces opened fire on a small
boat. The victims included: Coreus Peterson, Emile Wilberhard, Ghislaine,
Irma, Josue, Pierre Wilfrid, Jean Potin, and Tilous Taylor.
Communications received
323. The de facto authorities of Haiti replied to the Special Rapporteur's
urgent appeal dated 10 September 1992 concerning the case of Jude Damus
(E/cN.4/1993/46, para. 314), who had been ill-treated while in custody.
They reported that he had been released shortly after his arrest, on the
intervention of the Commissioner of J r mie (11 December 1992) . A reply was
also provided concerning the urgent appeal sent by the Special Rapporteur
on 2 February 1993: the case had been transmitted to the competent
authorities for investigation (18 February 1993) .
Observations
324. The Special Rapporteur expresses deep concern at the reported upsurge of
political violence in Haiti. Reports of killings of those attempting to
exercise their right to freedom of opinion and expression were particularly
disturbing. The Special Rapporteur regrets that the United Nations human
rights mechanism which had started to operate in Haiti was forced to interrupt
its activities; he wishes to establish cooperation with this operation when it
resumes its work. The Special Rapporteur emphasizes that the long-lasting
cycle of violence and impunity in Haiti must be terminated. The perpetrators
of human rights violations must be brought to justice and measures must be
designed to prevent the recurrence of such acts of violence.
Honduras
Communications sent
325. The Special Rapporteur transmitted to the Government of Honduras
allegations he had received concerning the extrajudicial, summary or arbitrary
execution of Juan Humberto Sanchez, Abraham Vasquez Lazo, 16-year-old Karla
Patricia Galindo, and Luis Alfonso Alc ntara, allegedly killed by members of
the military; as well as Francisco Andres Alvarenga Mena, reportedly shot by
police in excessive use of force. All of these killings were said to have
taken place in 1992.
E/CN. 4/1994/7
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Communications received
326. At the time of the preparation of the present report, no replies had been
received from the Government of Honduras.
India
327. The Special Rapporteur received a number of reports concerning human
rights violations in India. In particular, the Special Rapporteur was
informed about the persistence of numerous violations of the right to life in
Jammu and Kashmir. While armed separatists were said to be responsible for
kidnapping and killing government officials as well as members of paramilitary
forces and civilians, serious concerns have been expressed over a large number
of killings by the Indian security forces. Very often, these killings were
said to be the result of torture and ill-treatment in custody. Since the
middle of 1992, the numbers of deaths in police and military custody have
reportedly risen sharply. In many cases, the detainees were reported to have
died after torture, shortly after their arrest. As in past years, torture was
said to be widespread throughout India to extract confessions or information.
Allegedly, the victims even included policemen. The Special Rapporteur was
informed that, in March 1993, the occurrence of killings of detainees had been
admitted by a senior Kashmiri official.
328. According to the information received, the Minister of State for Home
Affairs and the Governor of Jammu and Kashmir have both stated that every
death in custody would have to be accounted for and that the sternest possible
action would be taken against those responsible for those killings. It was
alleged, however, that this was rarely done. Inquiries were said to be
carried out by police or army officials rather than by an independent and
impartial body. Allegedly, their findings were almost never published. The
Governor of Jammu and Kashmir was said to have ordered several investigations
into human rights abuses. In one case, this reportedly led to charges of
murder being brought against the Director of the Border Security Forces (BSF) .
According to information forwarded to the Special Rapporteur by the Indian
authorities, action was taken against 171 members of the security forces in
Jammu and Kashmir for human rights abuses. Such action consisted of
imprisonment for several months and, in some cases, years, of security forces
personnel, as well as dismissals from service, reductions in rank, suspensions
or other departmental penalties. The authorities also informed the Special
Rapporteur that during 1992, action was taken against 37 security forces
personnel in Punjab.
329. Human rights violations perpetrated by members of the security forces
were also reported in Punjab. A large number of suspected members or
sympathizers of armed opposition groups or their relatives were said to have
been killed in police custody, often after torture. The authorities
reportedly attribute most of these deaths to armed encounters between
militants and security forces. Deaths in custody and disappearances are said
to be encouraged by the fact that existing legal safeguards against
unacknowledged detention are often not adhered to.
E/cN. 4/1994/7
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330. According to information provided by the Goverment of India, between 1988
and 1992, armed separatists were responsible for the killing of 4,602 persons,
including 508 members of the security forces, in Jammu and Kashmir and more
than 10,000 persons, including over 1,400 policemen, in Punjab.
Communications sent
331. The Special Rapporteur transmitted to the Government of India allegations
he had received concerning violations of the right to life of 215 persons,
including one identified minor. More than 190 persons were reportedly killed
in violation of their right to freedom of opinion and expression, peaceful
assembly and association.
332. The Special Rapporteur sent four urgent appeals to the Government of
India in which he expressed concern for the lives and physical integrity of
Satnam Singh (22 December 1992) after reports about his alleged abduction by
police; Mohinder Singh Grewal and D.S. Gill, Secretary-General and Chairman,
respectively, of the International Human Rights Organization (IHRO), after
allegations of death threats during police interrogations (5 April 1993) ;
Umrao Singh (27 April 1993) and Nazir Ahmed Nisri (29 June 1993), both
reportedly held in unacknowledged police detention.
333. The Special Rapporteur also transmitted to the Government of India the
following cases that had been brought to his attention:
(a) The alleged extrajudicial killing of at least 53 civilians during
an operation by the BSF in the village of Sopore; and of at least 137 people
by members of the security forces who were carrying out official orders to
suppress violent mobs but who allegedly fired on peaceful demonstrators and
other people in Bombay, during the week following the destruction of the
Babri Masjid in Ayodhya;
(b) The alleged extrajudicial execution by Indian security forces of
Abdul Ahad Magrey and Imtiaz Ahmed; Hamida Mattoo; 10-year-old Ahmed Bilal and
his parents; and three unidentified persons when security forces opened fire
against demonstrators protesting the killing of Ahmed Bilal and his family;
(c) The killing, by gunmen allegedly linked to the security forces, of
human rights activist H.N. Wanchoo; Dr. Farooq Ahmed and Dr. Abdul Ahad Guru,
two surgeons who had documented numerous cases of torture; and the latter's
brother, Ashiq Hussain, during Dr. Guru's funeral;
(d) The deaths, allegedly as a result of torture while in police or
military custody, of: Satyavan; Vidyadhran; Manzoor Ahmed Ganai; police
constable Riaz Ahmed; Nandagopal; Vikal Kumar; and Rajinder Prasad.
334. In the light of these allegations and, in particular, of the fact that
similar reports had come before the Special Rapporteur over a number of years,
the Special Rapporteur conveyed to the Government of India his interest in
carrying out a visit to that country with a view to being in a better
position to evaluate the situation and, consequently, proposing constructive
recommendations that may help prevent the recurrence of such violations. With
E/CN. 4/1994/7
page 80
reference to the particular problem of deaths in custody due to ill-treatment,
it was suggested that such a visit could be carried out jointly with the
Special Rapporteur on the question of torture.
Communications received
335. The Government of India provided the Special Rapporteur with information
about investigations carried out into the killings of Dr. Guru and his brother
A. Hussain, as well as human rights activist H.N. Wanchoo, which were said to
have been committed by armed militants (17 November 1993) .
Follow-up
336. The Special Rapporteur sent a letter to the Government of India in
which he expressed his appreciation for a number of replies forwarded to him
during 1992 and in early 1993, in response to allegations transmitted to the
Indian authorities in 1992. In several cases of alleged death in custody due
to torture, the Government of India had reported that inquiries had been
initiated and, as a result, charges filed against members of the security
forces. The Special Rapporteur asked the authorities to provide him with
general information about the procedures followed to investigate such cases
and about the current status of decisions, if any, concluding the inquiries
into the specific incidents transmitted by him, as well as details about the
organs carrying out those inquiries.
337. Where the Government of India had informed the Special Rapporteur that
investigations had been initiated but had failed to determine that security
forces personnel were responsible for having committed any offence, he asked
for details concerning the investigations, in particular whether autopsies had
been carried out. Specific information was also requested in a number of
cases where the Indian authorities had informed the Special Rapporteur, for
example, that a person had died due to head injuries after a scuffle with
security forces personnel during his arrest, or where it was not clear whether
an autopsy had been performed to determine the cause of death.
338. During his visit to Geneva in November 1993, the Special Rapporteur met
with representatives of the Government of India who informed him about efforts
made by the Indian authorities to ensure full respect for human rights. In
particular, a Human Rights Commission Bill had been prepared by the Government
and introduced in Parliament on 14 May 1993. On 28 September 1993, the
Government of India issued the Protection of Human Rights Ordinance 1993
providing for the establishment of a National Human Rights Commission, State
human rights commissions and human rights courts. The Special Rapporteur was
also provided with details on a number of killings committed by armed
separatists in Jammu and Kashmir.
339. With regard to a possible visit to India, the Special Rapporteur was
informed by the Government of India that it was preferable to let the newly
established human rights mechanisms deal with allegations of violations of the
right to life.
E/cN. 4/1994/7
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Observations
340. The Special Rapporteur highly appreciates the willingness to cooperate
shown by the Government of India in forwarding to him details concerning a
number of cases of alleged extrajudicial, summary or arbitrary executions as
well as information about measures to increase protection of the right to
life. The Special Rapporteur welcomes the recent legislation providing for
human rights commissions and human rights courts in India and hopes that these
organs will become operational soon and contribute to full and impartial
investigation of human rights violations with a view to identifying and
punishing those responsible and compensating the victims, as well as to
preventing similar abuses in the future.
341. The Government of India informed the Special Rapporteur on repeated
occasions that most human rights violations occur in the context of fighting
terrorist movements in the States of Jammu and Kashmir and Punjab. The
Government also stated that even in such circumstances, no extrajudicial
executions should occur. The Special Rapporteur entirely agrees with the
Government of India that respect for the right to life must be fully ensured,
even where the security forces are faced with the difficult task of fighting
an armed opposition which often does not show respect for the right to life.
342. The Special Rapporteur remains concerned at allegations of violations of
the right to life that continue to come before him. He will continue to
monitor the situation closely. As concerns the possibility of a visit to
India, the Special Rapporteur informed the representatives of the Government
of India that he did not intend to carry out tasks which fall within the
competence and responsibility of national institutions charged with the
investigation of human rights violations but to seek first-hand information
which would provide him with a better understanding of the situation and the
problems faced by the authorities with respect to the right to life. This, in
turn, would enable him to better evaluate the information that comes before
him and offer his assistance in the efforts directed at providing better
protection for the right to life.
Indonesia
343. The Special Rapporteur received a number of reports suggesting that
serious violations of the right to life continue to be a common occurrence in
Indonesia and East Timor. The Government's counter-insurgency operations
reportedly entailed a large number of extrajudicial executions and
disappearances at the hands of security forces personnel. Executions and
disappearances were also said to be used by the authorities as an instrument
to deal with other perceived threats to national security such as ordinary
criminal activity and peaceful political opposition.
344. According to the information received, East Timor continued to be
particularly affected by violations of the right to life perpetrated by the
Indonesian security forces. At least 40 persons were said to have been
extrajudicially executed by members of the security forces in 1992. The
whereabouts of more than 200 persons who allegedly disappeared after the
killing of more than 50 persons on 12 November 1991 at Santa Cruz were
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page 82
reportedly not known at the end of 1992. Many of them were feared to have
been killed and buried in anonymous graves outside Dili or thrown into the
sea.
345. A similar pattern of extrajudicial executions and disappearances was
reported in Aceh. Although the scale of violations of the right to life in
this region was said to have diminished since the peak of the Government's
counter-insurgency campaign between 1989 and 1991, politically motivated
executions and disappearances allegedly continued to occur in 1992, and there
had reportedly been no fundamental change in the conditions which allowed them
to occur. Fears were therefore expressed that there was a real danger of
the emergence of a similar pattern of violations in the context of future
counter-insurgency operations in Aceh or in other parts of the country.
346. Extrajudicial executions, in particular killings of detainees while in
custody and of suspected criminals, were also reported in Jakarta and other
major cities. Police authorities were said to have defended the use of lethal
force in what was described as a “shoot-to-kill” policy, stating that this was
necessary to counter criminality in the city. Military and police were also
reported to employ excessive use of force to disperse peaceful demonstrations
and strikes.
347. According to several reports, the perpetrators of human rights violations
enjoyed virtual impunity. With very few exceptions, those responsible for
unlawful killings or disappearances are not prosecuted or convicted. None of
the 10 members of the security forces tried before a military tribunal in
connection with the November 1991 killings at Santa Cruz was charged with
murder; all reportedly received only light sentences for disciplinary
offences.
348. The establishment, in August 1992, of a human rights committee by some
members of the Dewan Perwakilan Rakyat and the announcement, in January 1993,
by President Suharto of plans to establish an independent national human
rights commission in the near future were reported as positive steps towards
increased protection of human rights. However, at the time of the preparation
of the present report, the Special Rapporteur had not received any detailed
information about the working of these institutions.
Communications sent
349. The Special Rapporteur transmitted to the Government of Indonesia
allegations he had received concerning violations of the right to life
of 32 persons, including one minor and one woman.
350. The Special Rapporteur sent three urgent appeals to the Government of
Indonesia in response to reports he had received concerning:
(a) The imminent execution of Khong Thavorn Kamjal, a Thai seaman
sentenced to death in 1988 for drug smuggling, allegedly in breach of fair
trial guarantees (31 December 1992) ;
(b) Military operations carried out by the Indonesian security forces
to counter movements advocating independence in the province of Irian Jaya,
E/cN. 4/1994/7
page 83
which were alleged to entail human rights violations, including the
extrajudicial, summary or arbitrary execution of civilians. The killing of
Hans Soaf was cited as an example of such violations. The members of the
security forces were said to act with impunity (29 September 1993) ;
(c) Alleged death threats by members of the police, or with their
complicity, against Ahmad Jauhari, a lawyer working in a legal aid institute,
for his involvement in a land dispute (18 October 1993) .
351. The Special Rapporteur also transmitted to the Government of Indonesia a
number of specific cases which were said to have occurred in Aceh and which
concerned the following civilians, allegedly killed by members of the
Indonesian Army:
(a) Nurdin tJsman Murni, Nurdint Patang, Ibrahim Keumala,
Jamaluddin Usman, Sulaiman Tjot Hurong, Ahmad Rusil, Hasan Geusjik,
Ihum Hamzah Teungku, Seuman Geusjik, Umar T. Tangse, Iljsa Ali, Utolh Yusuf,
Rusii Atjeh, Adnan Ahmad, T. Husan and N. Ismail, who were reportedly killed
by soldiers with no apparent reason;
(b) Zulfikli, who was reportedly arrested and forced to join the army's
counter-insurgency operation. He was then allegedly shot dead for “trying to
escape”;
(c) Geusjik Umar Mahmud, a leader of the Free Aceh Movement, allegedly
shot dead by the army;
(d) Bang Lah Meuleuweuek, who was reportedly arrested by soldiers
looking for her husband. Her dead body was later found bearing marks of
torture and of several bullet wounds;
(e) A. Djaill Kasem, reportedly arrested by the army to identify
members of an opposition movement, and later killed for refusing to cooperate.
Communications received
352. The Government of Indonesia provided the Special Rapporteur with a reply
to his urgent appeal of 31 December 1992 and informed him that Khong Thavorn
Kamjai had been found guilty and sentenced to death by the State Court of
Samarinda of illegal possession of narcotics, according to article 36 of
Narcotics Law No. 9. The verdict was upheld by the Higher Court of Samarinda.
There was no proof whatsoever that force had been used to compel him to sign a
statement of guilt. Since there was no new element which could be used as
proof of his innocence, his appeal to the Supreme Court, a plea for clemency
to the President of Indonesia and a request for review of the case by the
Supreme Court were all rejected. A second request for pardon from the
President was filed, but no decision had been taken at the time of the reply
(22 June 1993) .
353. The Government of Indonesia also replied to the urgent appeal sent
on 29 September 1993 concerning military operations in Irian Jaya: Hans Soaf
was alive and his whereabouts were given (22 November 1993) .
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Observations
354. The Special Rapporteur wishes to express his appreciation for the two
replies received from the Government of Indonesia, which are detailed and
complete. The Special Rapporteur welcomes the plans to set up an independent
national human rights commission. He hopes that this institution will be able
to investigate effectively allegations of violations of the right to life in
Indonesia and East Timor. The Special Rapporteur wishes to receive all
relevant information concerning this commission, such as its composition,
tasks, status, powers, etc. He also hopes to be able to establish a
relationship of cooperation with the commission as soon as it has begun its
work.
355. The Special Rapporteur remains deeply concerned at persistent and grave
allegations of violations of the right to life in Indonesia and East Timor.
The reports outlined above concerning abuse of force by the security forces in
Irian Jaya and by the security forces in Jakarta and other cities are
particularly disturbing. The Special Rapporteur is also concerned that
perpetrators of human rights violations continue to enjoy impunity. The
Special Rapporteur calls on the authorities to adopt effective measures to
prevent the recurrence of violations of the right to life, in particular
instances of abuse of force by the security forces.
356. The Special Rapporteur hopes to have the opportunity to participate in
the implementation of Commission on Human Rights resolution 1993/97 on the
situation in East Timor, in which the Commission urged the Government of
Indonesia, inter alia , to invite him to visit East Timor. In a communication
addressed to the Government of Indonesia, the Special Rapporteur has expressed
his interest in carrying out such a visit. The Government of Indonesia
replied that the content of this letter had been forwarded to the authority
concerned in Jakarta for further careful consideration. The authorities drew
the Special Rapporteur's attention to the fact that resolution 1993/97 of the
Commission was adopted by a vote which Indonesia and many other member
countries rejected. Therefore, Indonesia did not feel compelled to abide by
its provisions. It was further stated that the Government of Indonesia would
give due consideration to a request for a visit to Indonesia, including
East Timor, of any thematic rapporteur, as long as it was based on
United Nations consensus resolutions.
Iran (Islamic Republic of )
357. 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.
358. As in former years, it was reported to the Special Rapporteur that trial
procedures before Islamic Revolutionary Courts which lead to the imposition of
the death penalty in an alarmingly high number of cases do not conform to
internationally recognized fair trial standards. This was said to affect,
in particular, the right to an adequate defence and the right to appeal.
In political cases, trials were often said to last only a few minutes.
Reportedly, the accused have no access to legal counsel at any stage of the
proceedings, and they are denied the right to appeal against conviction and
E/cN. 4/1994/7
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sentence as well as any opportunity to seek commutation of the sentence.
Furthermore, hearings are said to be held in camera. The use of televised
confessions is feared to further undermine the possibilities of a fair trial.
It is particularly preoccupying that similar allegations have now been
received for several years, without there being any indication of steps
taken by the competent authorities towards a change in procedures.
359. The Special Rapporteur also received numerous reports concerning attacks
against members of the political opposition to the Government outside the
Islamic Republic of Iran. It has been alleged that those responsible are
agents with links to the Iranian security forces.
Communications sent
360. The Special Rapporteur transmitted to the Government of the Islamic
Republic of Iran allegations he had received concerning violations of the
right to life of more than 100 persons, including one identified minor and
two women. More than 50 cases reportedly involved violations of the right to
freedom of opinion and expression, peaceful assembly and association.
361. The Special Rapporteur sent six urgent appeals in which he expressed
concern at the reported imminent execution of death sentences imposed by
Islamic Revolutionary Courts on: 51 students of the University of Isfahan
(31 December 1992); Abdollah Bagheri (19 March 1993); Salim Saberniah and
Mustafa Ghaderi (27 April 1993 and 13 September 1993) ; 77-year-old
Feizollah Mekhoubad (30 June 1993); and Seyed Roh Allah Hashemizadeh
(16 July 1993) .
362. The Special Rapporteur also transmitted to the Government of the Islamic
Republic of Iran the following cases of alleged executions:
(a) Roja Boheilian, allegedly killed by members of a vice-squad; and
Bahareh Vejdani (17) , allegedly shot dead by a policeman for violating the
Islamic dress code;
(b) After having been sentenced to death: Ali Reza Hamidabad,
Hamid Kord and Gholam Reza Sagvand in Dezful prison; Mohsen Mohammadi Sabet in
Rasht prison; Abbas Sialipour and Gharib Faramarz in Karaj; four unidentified
people in Torbat-e-Heidarieh; one unidentified person in Mashad prison;
Mohammad Zaef Dorrani in Shiraz; four unidentified persons in Sirjan;
Kaliman Narou'i and 11 others (names available at the Secretariat) in eastern
border areas of the Islamic Republic of Iran; Hossein Panahi in Karaj ;
JIIdol-Latif Ghabishavi in Ahwaz;
(c) Killings of Iranian nationals abroad, allegedly by agents linked
with the Iranian security services: Mohammad Hussein Nagdi, representative of
the National Council of Resistance in Rome; Mojahed Mohammad Hassan Arbab,
also known as Mohamad Khan Baluch, in Karachi; Ali Akbar Ghorbani, also known
as Mansour Amini, in Istanbul; Behran Azadfer in Ankara; Delarvir Narou'i and
Heybatollah Narou'i in Karachi. These allegations were also transmitted to
the Governments of Italy, Pakistan and Turkey.
E/CN. 4/1994/7
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Communications received
363. The Government of the Islamic Republic of Iran provided the Special
Rapporteur with replies to three of the cases transmitted in 1993. With
regard to Abdollah Bagheri, the authorities reported that Mr. Bagheri was
one of the ringleaders of the “Komala” terrorist group who had confessed
to the murder of four persons, and that his case was under investigation
by the competent tribunal (13 May 1993) . As concerns the case of
Feizollah Meikhoubad, it was stated that he had been arrested on charges of
espionage for Israel and was now waiting for the final sentence to be issued
by the competent court. The Iranian Government requested to be provided with
the father's name, date and place of arrest of Salim Saberian and
Mostafa Gnaderi, in order to be able to carry out investigations
(22 September 1993) .
Follow-up
364. The Special Rapporteur received communications from the Governments of
Italy and Turkey concerning the investigations carried out by the competent
authorities into the killings of Mohammad Hussein Nagdi and Ali Akbar Ghorbani
(11 November and 12 November 1993, respectively) .
Observations
365. The Special Rapporteur appreciates the information provided by the
Government of the Islamic Republic of Iran in reply to some of the cases
transmitted in 1993. He would like to note, however, that these replies
do not refer to any of the concerns with regard to shortcomings in the
guarantees for a fair trial in proceedings leading to the imposition of
capital punishment. The Special Rapporteur calls upon the authorities of the
Islamic Republic of Iran to fully respect the rights of those facing the death
penalty.
366. The Special Rapporteur is also deeply concerned at the reports of
extrajudicial killings abroad of persons known to be in opponents of the
Iranian Government. In this context, he wishes to express his appreciation
for the information forwarded by the Governments of Italy and Turkey, whose
authorities are charged with the investigation of the killings that occurred
on their national territory.
367. In addition, the Special Rapporteur notes that, should the allegations
concerning the killings of two women for having violated the Islamic dress
code be substantiated, these are the only cases that have come to his
attention during the past year in which the victims have been specifically
targeted for being women.
368. The Special Rapporteur would like to refer also to concerns about the
right to life expressed by the Special Rapporteur on the situation of human
rights in the Islamic Republic of Iran, Mr. Reynaldo Galindo Pohl, in the
recent report to the General Assembly (A/48/526) .
E/cN. 4/1994/7
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Iraq
369. 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 on villages. In this context, the Special
Rapporteur wishes to refer to reports of indiscriminate bombardment of
civilian settlements and arbitrary killings in the Southern Marsh areas,
allegedly resulting in the death of large numbers of civilians, including
women, children and the elderly. These are contained in the report recently
presented to the General Assembly by the Special Rapporteur on the situation
of human rights in Iraq, Mr. Max van der Stoel (A/48/600) .
370. The Special Rapporteur also received reports expressing concern at the
practice of capital punishment in Iraq. Under legislation passed by the
Revolutionary Command Council, offences like car theft or smuggling of cars
were made punishable by death.
Communications sent
371. The Special Rapporteur transmitted to the Government of Iraq
allegations he had received concerning violations of the right to life of
at least 24 persons, 11 of them minors.
372. The Special Rapporteur sent an urgent appeal to the Government of Iraq
after being informed about an attack on the Kurdish village of Arwina, where
members of the Arab Lahib tribe were said to have shot indiscriminately at
civilians. The Iraqi military allegedly supported the attack by shelling from
military bases. Thirty people were said to have been killed, 17 of whom had
been identified (names available at the Secretariat) (6 April 1993) .
373. The Special Rapporteur sent a second urgent appeal to the Government
of Iraq after being informed that the following persons had been sentenced
to death for stealing and smuggling cars and faced imminent execution:
Salah Mahdi Mezahim, Ali Salih Abood, Ali Mohammed Abdullah, Fouad Jwad
Kadhim, Ali Murad Ali and Qasim Mohammed (15 April 1993) .
374. The Special Rapporteur also transmitted to the Government of Iraq the
case of the killing, allegedly by armed men linked with Iraqi security forces,
of Vincent Robert Ghislain Tollet, a Belgian national and humanitarian aid
worker, near Sulaymania.
Communications received
375. The Government of Iraq provided replies to all cases transmitted by the
Special Rapporteur in 1993.
(a) With regard to the attack on Awina village, the Government reported
that an exchange of fire took place between peasant families after an argument
had broken out over the use of farm land belonging to one of them. Casualties
resulted from the gunfight which lasted until nightfall. Subversives later
exploited this situation by claiming that they had been wounded in an
E/CN. 4/1994/7
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alleged attack. There were no military units in the area in which the
incident occurred, and military personnel did not participate in the attack
(27 April 1993) ;
(b) With regard to the death sentence against six persons convicted for
stealing and smuggling cars, the Government of Iraq informed the Special
Rapporteur that the death penalty was prescribed by Iraqi law for anyone who
commits the offence of vehicle theft, in accordance with Revolution Command
Council Decision No. 13 of 1992, which was promulgated with a view to curbing
vehicle thefts in wartime. The six persons referred to in the Special
Rapporteur's urgent appeal had stolen cars; four had also committed the
offence of vehicle smuggling. They were tried before the competent court and
benefited from all the standard safeguards for their defence (5 July 1993) ;
(c) As concerns the case of Vincent Tollet, the Government of Iraq
stated that the Iraqi authorities were not responsible for any event in the
northern zone. The central Iraqi authorities had not been present in the area
for more than two years, due to the flagrant interference of the coalition
forces in the region (19 October 1993) .
376. Furthermore, the Government of Iraq provided information concerning
an urgent appeal sent by the Special Rapporteur in 1992, concerning the
execution of death sentences against 67 merchants for economic offences
such as profiteering (see E/CN.4/1993/46, para. 375) . The Iraqi authorities
informed the Special Rapporteur that, as a consequence of the economic embargo
imposed on Iraq, the civilian population suffered under extremely difficult
conditions. In such circumstances, those exploiting the situation to realize
immense profits deserved the death penalty, as prescribed by Iraqi law.
Accordingly, 44 merchants, who had monopolized large quantities of food items
with the aim of later releasing them onto the market when their prices had
risen in order to realize an exorbitant profit, were brought to trial where
they benefited from fair trial guarantees. Four were released due to
insufficient evidence. The others were convicted of the crime of monopoly
and sentenced to death, in accordance with Revolution Command Council
Decision No. 315 of 1990. As regards 25 merchants allegedly executed on
17 September 1992, the Government of Iraq denied this information and affirmed
that it was untrue (3 June 1993) .
Follow-up
377. The Special Rapporteur addressed a letter to the Government of Iraq in
which he referred to the replies concerning Awina village and the death
sentence against the 40 merchants. With regard to the killings in Awina,
the Special Rapporteur requested the Government of Iraq to provide him with
additional details, in particular, what investigations had been carried out
into the incident, and by which authority; whether the conclusions of such an
investigation were available; whether those killed or wounded during the
exchange of fire had been identified. As regards the death sentences, the
Special Rapporteur asked the Iraqi authorities to inform him in detail about
the rules of procedure that apply in trials which may lead to the imposition
of capital punishment and which other offences were punishable by death under
Iraqi law. He also requested to be provided with the names of the four
merchants released for lack of evidence against them.
E/cN. 4/1994/7
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378. The Special Rapporteur also transmitted the contents of the replies to
the sources of the allegations for their comments and observations. The
source of the information concerning the Awina attack has already replied,
providing additional details which reinforce the earlier allegations.
Observations
379. The Special Rapporteur appreciates the willingness to cooperate shown
by the Government of Iraq in providing him with the above-mentioned replies.
He remains concerned, however, at the reports about violations of the right
to life which he continues to receive. With particular reference to capital
punishment, the Special Rapporteur calls upon the Iraqi authorities to revise
its legislation so as to make it better conform to the standards and
safeguards contained in the pertinent international instruments.
Israel
380. According to the information that has come before the Special Rapporteur,
human rights violations, including extrajudicial, summary or arbitrary
executions, continued to occur in the Occupied Territories.
381. Military attacks by Israeli security forces in the Occupied
Territories reportedly continued throughout 1992 and the first half of 1993.
Large-calibre machine guns, anti-tank missiles, dynamite and shells were said
to be employed to destroy houses in which Palestinians suspected of having
committed serious crimes, such as killings of Israelis or other Palestinians,
were alleged to be hiding. Concerns were expressed that the massive firepower
used in such attacks is excessive and that the destruction of a large number
of houses amounts to collective punishment resulting in the deaths of people
who were not engaged in any violent activity. A number of reports received by
the Special Rapporteur indicate that Palestinians were killed by members of
the Israeli military after they had come out of the attacked houses and at a
time when they did not pose any threat to the lives of the soldiers, some of
them even after they had surrendered without showing any resistance.
382. An upsurge in alleged extrajudicial killings of Palestinian civilians by
Israeli forces, including special undercover units, has been reported since
the deportation to southern Lebanon of more than 400 alleged supporters of the
Islamic Resistance Movement (Hamas) and Islamic Jihad in December 1992. Since
then, more than 100 Palestinians were allegedly killed by Israeli security
forces. At least 70 of these killings were said to have taken place in the
Gaza Strip. More than 30 of the victims were minors. During the month of
May, 24 Palestinians were reportedly killed. This is said to be the highest
death toll since the beginning of the year. It has been alleged that the
Israeli security forces persistently resort to excessive use of force.
383. According to the information received, no steps have been taken by the
Israeli authorities to prevent the excessive use of force by members of the
security forces.
/CN. 4/1994/7
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Communications sent
384. The Special Rapporteur transmitted to the Government of Israel
allegations he had received concerning violations of the right to life
of 40 persons, including 10 minors and one woman. Ten cases reportedly
involved violations of the right to freedom of opinion and expression,
peaceful assembly and association.
385. The Special Rapporteur sent three urgent appeals to the Government of
Israel in which he expressed concern at the killing of 33 persons (names
available at the Secretariat) , allegedly by members of the Israeli security
forces who resorted to excessive use of force, in the Occupied Territories
between December 1992 and February 1993. The Special Rapporteur urged the
Israeli authorities to take all necessary steps to prevent such incidents
(7 January, 11 February and 5 April 1993) .
386. The Special Rapporteur also transmitted to the Government of Israel the
following cases of:
(a) Deaths in custody, allegedly as a result of ill-treatment:
Mustafa Akkawi, in Hebron central prison; 17-year-old Samir Omar, after having
been tortured in Gaza central prison; Muhammad ‘Id Hazem, in Hebron central
prison; Mustaf a Mahmud Mustaf a ‘Abd-Jadi Barakat, in Tulkarem detention
centre; Ayman Sa'id Hasan Nassar, after having been tortured on the way to and
in Ashkelon prison;
(b) Killings by members of the Israeli security forces, allegedly in
excessive use of force: Ahmad Mustafa As'ad Daqqah Al-Kikh and Amin Mohammad
Qasem Rahhal.
Communications received
387. The Government of Israel provided the Special Rapporteur with replies to
two of the cases transmitted in 1993 (30 June 1993) :
(a) With regard to the death in custody of Mustaf a Akkawi, the
authorities reported that, according to the investigation carried out, his
death was not attributable to an offence but due to natural causes. However,
the prison doctor had not acted in accordance with professional norms of
behaviour and the General Security Service officer on duty did not act in
accordance with what was expected of him under the circumstances. The State
attorney had recommended disciplinary measures against them;
(b) With regard to the death in custody of Hazem Eid, the Government of
Israel stated that the police investigation had established that he had hung
himself with a noose, without the involvement of any other person.
388. The Government of Israel also provided information with regard to an
urgent appeal sent by the Special Rapporteur in 1992 on behalf of Ahmed Salman
Musa Qatamesh (see E/cN.4/1993/46, para. 382), informing him that neither the
detainee nor his wife had been subjected to torture or ill-treatment, and that
he was provided due medical attention (30 June 1993) .
E/cN. 4/1994/7
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Follow-up
389. The Special Rapporteur addressed a follow-up letter to the Government of
Israel in which he requested additional information on the investigations
carried out to clarify the deaths in custody of Mustafa Akkawi and Hazem Eid,
in particular, in what manner the prison doctor and security personnel had
failed to fulfil their duties and how the noose had got into Hazem Eid's cell.
Observations
390. The Special Rapporteur appreciates the willingness to cooperate shown by
the Government of Israel in providing him with the above-mentioned replies.
However, he remains concerned at persistent reports of deaths as a result of
excessive force, particularly in the Occupied Territories. The Special
Rapporteur urges the Israeli authorities to take all necessary measures
to prevent such incidents from happening in the future and to ensure full
respect for the restrictions on the use of force as set forth in a number of
international instruments governing the use of force and firearms by law
enforcement officials. He hopes that progress in peace negotiations between
the Government of Israel and the Palestine Liberation Organization will create
a climate more favourable to the protection of the right to life and
encourages both parties to adopt measures aiming at the prevention of further
acts of violence leading to loss of lives. Such issues should be addressed in
the framework of the negotiations.
Jamaica
Communications sent
391. The Special Rapporteur sent an urgent appeal to the Government of
Jamaica after being informed of death threats by prison personnel against
Randolph Barette and 25 other inmates of St. Catherine's district prison,
Spanish Town, after 4 prisoners were killed during disturbances in the jail
on 31 October 1993 (11 November 1993) .
Communications received
392. The Government of Jamaica provided the Special Rapporteur with
information concerning the cases of Earl Pratt and Ivan Morgan, transmitted
to the authorities in 1991 by the then Special Rapporteur, Mr. Wako. The
Government reported that, at the time of the reply (15 February 1993) , a
petition filed with the Judicial Committee of the Privy Council had not yet
been considered.
Observations
393. The Special Rapporteur has recently been informed about the judgement
passed by the Lords of the Judicial Committee of the Privy Council, the
highest court for the member States of the Commonwealth, in the cases of
Earl Pratt and Ivan Morgan on 2 November 1993. In this judgement, the Lords
concluded that in any case in which execution is to take place more than five
years after sentence there will be strong grounds for believing the delay is
such as to constitute “inhuman or degrading punishment or other treatment”
E/CN. 4/1994/7
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and advised Her Majesty that the death sentences against Earl Pratt and
Ivan Morgan be commuted to life imprisonment. Observers have stressed the
bearing of this decision on a large number of cases in various Commonwealth
countries where prisoners have been on death row for more than five years.
Kenya
394. The Special Rapporteur received information according to which two
investigations - one sponsored by the National Council of Churches of Kenya
and another by a parliamentary committee - had concluded that a considerable
portion of those killed during inter-ethnic clashes in western and central
Kenya during the first months of 1992 had been victims of extrajudicial
executions. A group called “Kalenjin warriors”, allegedly closely linked to
senior officials of the Government and the Kenya African National Union
(KANU) , was indicated as one of those responsible for the killings. The
committee recommended that allegations against certain named government and
KANU officials, including the Vice-President, be investigated.
395. According to the information received, in October 1992, the full
Parliament, composed solely of KANU members, rejected the report by the
committee. To date, no action is said to have been taken to bring to justice
any of the officials allegedly responsible.
Communications sent
396. The Special Rapporteur transmitted to the Government of Kenya information
he had received concerning the alleged failure of the authorities to carry out
exhaustive and impartial investigations into the killing, in February 1990, of
former Minister Robert Ouko, and into the extrajudicial executions, allegedly
by anti-riot police, of Omar Khalid Alimedi, Said Qalatin and “Kidochi”.
397. The Special Rapporteur also communicated to the Government of Kenya
the concerns summarized above and asked to be provided with comments and
information regarding these allegations.
Communications received
398. The Government of Kenya forwarded replies to the cases brought to its
attention and informed the Special Rapporteur that the case of Robert Ouko
was before the courts (28 July 1993) . As regards the alleged extrajudicial
killings by anti-riot police during a demonstration in Mombasa, the Government
stated that the police were forced to use firearms after the demonstration had
become unruly and riotous and the demonstrators had attacked them with stones,
sticks, petrol bombs and other crude weapons. Inquests were opened into the
death of three persons (6 August 1993) .
Follow-up
399. The Special Rapporteur sent a follow-up letter to the Government of Kenya
in which he expressed appreciation at the willingness to cooperate shown by
the authorities and asked to be provided with further details concerning the
inquest into the deaths of three persons during demonstrations in Mombasa and
any steps taken to prevent similar incidents from happening again. In the
E/cN. 4/1994/7
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same letter, the Special Rapporteur referred to information provided by the
Government of Kenya in October 1992 concerning three cases transmitted in 1992
(see E/CN.4/1993/46, para. 389) . The Special Rapporteur inquired about the
current status of those investigations.
Kuwait
400. The Special Rapporteur received reports indicating that proceedings
before the Kuwaiti State Security Court leading to the imposition and
subsequent execution of death sentences did not conform to internationally
recognized fair trial standards.
401. Concern was expressed at alleged violations of the right to an adequate
defence. In particular, during pre-trial detention, defendants before the
State Security Court were said to have been denied the right to prompt access
to their lawyer, the right to challenge the lawfulness of their detention
before a court and to obtain their release if the detention was unlawful.
In some cases, it was reported that confessions were extracted under duress.
It was alleged that convictions were based on such confessions, on written
evidence not made available to defendants or their lawyers, or on hearsay
testimony of secret witnesses. In addition, the Special Rapporteur was
informed that those tried before the State Security Court were denied the full
right to appeal. While defendants in ordinary criminal cases are entitled to
a review by the Court of Appeal on issues of fact and law followed by a
further review of possible legal errors by the Court of Cassation, those tried
by the State Security Court were said to be limited to a review of their
convictions by the Court of Cassation.
Communications sent
402. The Special Rapporteur transmitted to the Government of Kuwait two urgent
appeals upon receiving information that the following 16 persons were at
imminent risk of execution after having been sentenced to death by the State
Security Court: Ghaleb Abd al-Majid al-Turki, Muhsin Shawkat Taher Hussain,
Huda Mustafa Imam, Khalifa and Siham Ibrahim Hussain Ali (28 May 1993);
‘Imam al-Din Mahmud Nimr and 9 others (names available at the Secretariat)
(20 June 1993) ; Walid Jassem Mahdi (29 June 1993) .
Communications received
403. The Government of Kuwait provided a reply concerning the above-mentioned
cases and informed the Special Rapporteur that, with the exception of
Huda Mustafa Imam, who was tried in absentia , all were arrested, detained
and remanded in custody pending trial after their statements in their own
defence had been heard and checked. They had an opportunity to lodge a
protest against the order for their remand in custody before the President
of the State Security Court or one of its members. They were given the
opportunity to secure legal counsel. The death sentences were based on clear
and incontrovertible evidence, none of which was extracted under any form of
coercion. Sentences passed in absentia are subject to appeal through the
objection procedure and the cases must then be retried by the State Security
Court in the presence of the accused. Sentences passed in the presence of the
accused are also subject to appeal in cassation. Review of death sentences by
E/CN. 4/1994/7
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the Court of Cassation is mandatory. At its hearing on 10 August 1992, the
Court of Cassation commuted the sentence of Muhsin Shawkat Tahir Hussein to
life imprisonment. On 1 March 1993, the Court decided that it could not
consider a review of the sentence passed on Huda Mustafa Imam in absentia
until she had been notified of that sentence and given an opportunity to
lodge an appeal through the objection procedure. At the time of the reply,
all other cases were still being considered by the Court of Cassation
(30 September 1993) .
Observations
404. The Special Rapporteur appreciates the willingness to cooperate shown by
the Government of Kuwait. However, he remains concerned that in proceedings
before the State Security Court, defendants do not benefit fully from the
right to appeal as set forth in the pertinent international instruments, since
they are deprived of a stage of appeal which fully reviews the case, both with
regard to facts and legal aspects. This full appeal procedure is, however,
provided for in ordinary criminal proceedings. In this context, the Special
Rapporteur wishes to stress that in trials leading to the imposition of
capital punishment all safeguards and guarantees for a fair trial must be
fully respected. Accordingly, the Special Rapporteur calls upon the
Government of Kuwait to provide for full appeal procedures in trials before
the State Security Court and to ensure that those facing the death penalty
also benefit fully from all other safeguards and guarantees as contained in
the pertinent international instruments.
Kyrqyzstan
Communications sent
405. The Special Rapporteur sent an urgent appeal to the Government of
Kyrgyzstan after being informed about the imminent execution of the death
sentence imposed upon Grigory Abramov (15 April 1993) .
Communications received
406. At the time of the preparation of the present report, no communications
had been received from the Government of Kyrgyzstan.
Lebanon
Communications sent
407. The Special Rapporteur transmitted to the Government of Lebanon
allegations he had received according to which eight unidentified civilians
had been killed when security forces opened fire on participants in a
demonstration in what was described as an act of excessive use of force
(29 July 1993) .
Communications received
408. At the time of the preparation of the present report, no communication
had been received from the Government of Lebanon.
E/cN. 4/1994/7
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Lesotho
Communications received
409. The Government of Lesotho provided the Special Rapporteur with a reply
concerning four cases transmitted in 1992 (see E/CN.4/1993/46, paras. 394-396)
and informed him that investigations had been opened into all of them and, at
the time of the reply, were still under way (5 February 1993) .
Follow-up
410. In response to this reply, the Special Rapporteur sent a letter to the
Government of Lesotho in which he expressed his appreciation of the
willingness to cooperate shown by the authorities, and requested to be
provided with updated information on the progress of the investigations.
Liberia
411. The Special Rapporteur has received alarming reports about violations of
the right to life in the context of the armed conflict opposing the Armed
Forces of Liberia (AFL) , the United Liberation Movement for Democracy in
Liberia (tJLIMO) and the National Patriotic Front of Liberia (NPFL) . Since the
outbreak of the conflict, tens of thousands of civilians are said to have lost
their lives. All parties to the conflict were reported to be responsible for
extrajudicial, summary or arbitrary executions of persons whom they suspected
to be active fighters or sympathizers of either the Monrovia-based Government
or the NPFL. Concern was also expressed at the possible involvement of
soldiers of the peace-keeping force in Liberia of the Economic Commission of
West African States (ECOWAS) .
412. The Special Rapporteur received reports of particular gravity concerning
the massacre of up to 600 people at a camp for displaced people at Harbel,
near Monrovia, on 6 June 1993. A panel of inquiry was sent by the
Secretary-General to establish the facts, to examine allegations of
responsibility and to make recommendations.
Communications sent
413. The Special Rapporteur sent a letter to the Government of Liberia after
he had been informed about the outcome of the investigations carried out by
the panel of inquiry into the Harbel massacre. The panel concluded that the
killing of nearly 600 displaced persons at Carter Camp was planned and carried
out by soldiers of the Armed Forces of Liberia. Fourteen others were murdered
by AFL soldiers at another location called Camp A, in walking distance of
Carter Camp. The panel had also collected evidence indicating individual
responsibility of three members of the military. The Special Rapporteur
appealed to the Government to carry out full, independent and impartial
investigations into the Harbel massacre with a view to identifying all those
responsible and bringing them to justice, regardless of their rank, office or
position. He also urged the authorities to take adequate steps to prevent
such incidents from happening again in the future, and to compensate the
families of the victims.
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Communications received
414. At the time of the preparation of the present report, no communications
had been received from the Government of Liberia.
Observations
415. The Special Rapporteur would like to express deep concern at massive
violations of the right to life in Liberia. However, with regard to this
country, he finds himself in the position where reports of such violations can
be found almost daily in the mass media, but where very little information has
come before him which would enable him to act according to his mandate's
procedures. The Special Rapporteur wishes to note, however, that he has
recently been informed of an initiative taken by the Special Representative of
the Secretary-General to Liberia with the view to establishing a human rights
component within the United Nations Observer Mission in Liberia (tJNOMIL) . The
Special Rapporteur would like to indicate his readiness to cooperate in such
an effort in any manner that may be considered appropriate, including through
a visit to Liberia with the objective of obtaining first-hand information on
the situation in the country and making recommendations for better protection
of the right to life.
Malawi
416. The Special Rapporteur received a number of reports and allegations
concerning violations of the right to life in the context of the campaign
preceding the referendum of 14 June 1993 which has led to the end of the
one-party system in Malawi. Various supporters of the institution of
multi-party democracy had reportedly been victims of death threats and acts of
harassment, and in some cases even extrajudicial execution. Those responsible
for violations of the right to life were said to have been the police and
security forces, the para-military Malawi Youth League and supporters of the
Malawi Congress Party (MCP), which had held the monopoly of political power
for 29 years. On several occasions, the security forces were said to have
opened fire indiscriminately against participants in peaceful demonstrations.
The outcome of the referendum, however, and the fact that on 29 June 1993
the Malawi Parliament, though restricted to the ruling MCP, changed the
Constitution to allow opposition parties, have been noted by several observers
as positive steps towards increased protection of human rights.
417. The Special Rapporteur also received a number of reports concerning
procedural shortcomings that were said to affect trials leading to the
imposition of the death penalty. Such trials were reportedly held before
“Traditional Courts”, which had originally been established by the British
colonial authorities for minor offences and later extended to rape, murder and
treason. According to the information received, it is incumbent on the
prosecution to decide whether a case is heard before the High Court system or
the “Traditional Courts”. The bench of the latter is said to consist of four
chiefs, i.e. local administrative officers, appointed by the President and
removable by him, as well as one qualified lawyer who writes the judgement.
418. Allegedly, defendants before “Traditional Courts” have no right to
legal representation and do not receive an advance summary of the
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prosecution evidence in order to prepare their defence. The Traditional
Courts (Procedure) Rule reportedly allows the defendant to call witnesses in
his or her defence. However, in the trial of Orton and Vera Chirwa in 1983,
this right was said to have been denied. In another case, it has been alleged
that three anonymous letters were accepted as evidence. Discretion as to the
right to appeal reportedly lies entirely with the Minister of Justice, and
appeals may be lodged only within the “Traditional Court” system. Concern has
been expressed that these procedural shortcomings may seriously affect the
safeguards of those facing the death penalty, as provided for in several
international human rights instruments.
Communications sent
419. The Special Rapporteur transmitted to the Government of Malawi
allegations he had received concerning violations of the right to life of more
than 42 persons. Over 40 of them were said to have been extrajudicially
executed while exercising their right to freedom of opinion and expression,
peaceful assembly and association.
420. The Special Rapporteur sent an urgent appeal to the Government of Malawi
after being informed of the imminent execution of the death sentence, imposed
by the Central Region Traditional Court, upon Foster Azele Mlombwa, former MCP
chairman for Dedza (27 August 1993) .
421. The Special Rapporteur also transmitted to the Government of Malawi
allegations he had received concerning alleged death threats and attempts on
the life of Reverend Emmanuel Chinkwita Phiri and the killing of at least
40 unidentified participants in a demonstration for multi-party democracy,
when police were said to have opened fire against them.
Communications received
422. At the time of preparation of the present report, no communications had
been received from the Government of Malawi.
Follow-up
423. The Special Rapporteur sent a follow-up letter to the Government of
Malawi in which he requested to be informed about the progress of the
investigations into the alleged extrajudicial execution of Mkwapatira Mhango
(see E/CN.4/1993/46, para. 406) . In September 1992, the Government of Malawi
informed the Special Rapporteur that the case had been referred to the
appropriate authorities.
Observations
424. The Special Rapporteur is concerned at the reports about grave
limitations on safeguards and guarantees to protect those facing capital
punishment in Malawi. Without wishing to interfere with the manner in which a
State may decide to organize its judicial system, the Special Rapporteur
wishes to stress once again that trials leading to the imposition of death
sentences must 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
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sentence. He calls upon the authorities to take appropriate steps so as to
ensure that legislation and practice in Malawi conform to the international
standards relating to capital punishment and protecting those who may face
death sentences.
Malaysia
425. The Special Rapporteur received reports expressing concerns at the
presumption of guilt contained in the Dangerous Drugs Act, 1952. Under this
law, suspected drug traffickers are presumed guilty until they can prove their
innocence. When drugs are found concealed in a bag, box, home, office, shop
or car belonging to or being used by the accused, he is presumed to have prior
knowledge of the presence of the drugs. It is reportedly a common practice
for the police to give cash rewards to informers and agents provocateurs who
are able to entrap suspected drug traffickers. Evidence provided by such
informers or agents provocateurs is allegedly readily admissible in court for
the prosecution of the accused. The death penalty is mandatory for those
convicted of drug trafficking.
Communications sent
426. The Special Rapporteur transmitted to the Government of Malaysia
allegations he had received concerning the execution by hanging of
Hasim Escandar, sentenced to death after having been tried and convicted
under the Dangerous Drugs Act, 1952.
Communications received
427. At the time of the preparation of the present report, no communications
had been received from the Government of Malaysia.
Observations
428. The Special Rapporteur wishes to express concern at the presumption of
guilt contained in the Dangerous Drugs Act, 1952, which constitutes a clear
breach of the fundamental right of every defendant to be presumed innocent
until guilt is proven through a fair trial, providing for full respect for the
right to defence and appeal. Furthermore, the mandatory character of capital
punishment for those convicted of drug-trafficking is most disturbing, since
it precludes the consideration of any mitigating circumstances. The Special
Rapporteur calls upon the Government of Malaysia to review its anti-drug
legislation so as to make it conform to the international instruments
governing the application of capital punishment and providing for safeguards
and guarantees for those who may face death sentences.
Mauritania
429. On 29 May 1993, the Mauritanian Parliament passed a law which grants
total amnesty to all members of the security forces who committed offences
during a three-year period between 1989 and 1992. During this time, at
least 400 black Mauritanians were said to have been extrajudicially executed
and thousands of others detained for lengthy periods. Many others allegedly
disappeared.
E/cN. 4/1994/7
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430. According to the information that has come before the Special Rapporteur,
the majority of these deaths was due to torture and other cruel and inhuman
treatment, including extremely harsh conditions of detention. Most victims
were said to have been army officers or civil servants belonging to the Pular,
Sonink and Wolof ethnic groups from the southern parts of the country. They
had allegedly been rounded up after mass arrests in the cities of Nouakchott
and Nouadhibou. The families of the victims were said to have repeatedly
requested the authorities to provide them with explanations as to the fate of
these persons. However, despite political reforms which included the first
multi-party elections in 1992, no official investigation was reported to have
been opened into human rights violations.
431. Concerns were expressed that the recent amnesty, announced by the
Mauritanian authorities as a sign of national harmony, constitutes a serious
breach of the Government's obligation under international law to carry out
investigations into all human rights violations and to grant compensation to
the families of the victims.
Communications sent
432. The Special Rapporteur transmitted these concerns in a letter to the
Government of Mauritania, in which he invited the authorities to provide him
with comments and observations.
Communications received
433. At the time of the preparation of the present report, the Government of
Mauritania had not provided a reply to the aforementioned letter.
434. A reply was received on 30 December 1992 concerning alleged extrajudicial
executions brought to the attention of the Government of Mauritania in 1991 by
the then Special Rapporteur. The Government explained that investigations
into the allegations had shown that incidents involving certain army units had
taken place in late 1990, but nobody had been killed by soldiers in cold
blood; the military commanders involved had been punished. Since July 1991,
the new Constitution protected all citizens against abuses.
Observations
435. The Special Rapporteur wishes to express his appreciation of the
willingness to cooperate shown by the authorities of Mauritania. However,
he stresses that a State cannot be considered to have carried out its
obligation to investigate allegations of human rights violations simply by
passing an amnesty law. While it may be politically opportune, under certain
circumstances, to exempt from punishment those responsible for certain acts,
this must be a very exceptional measure and does not mitigate the Government's
obligation to conduct exhaustive and independent inquiries to establish the
facts and responsibilities, and to grant compensation to the victims or their
families. In the case of Mauritania, it is particularly disturbing that the
amnesty law was passed at a moment when such inquiries had been initiated and
that, according to the information at the Special Rapporteur's disposal, the
authorities have not indicated their willingness to reveal the facts nor any
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disposition to compensate the victims' families. The Special Rapporteur calls
upon the Government of Mauritania to comply with its obligation under
international law to do so.
Mexico
436. The information that has come before the Special Rapporteur indicates
that extrajudicial, summary or arbitrary executions continue to occur and
that, in many cases, their perpetrators continue to enjoy impunity. The
National Commission on Human Rights has reportedly investigated a number of
such violations and confirmed that human rights abuses had indeed taken place.
However, its recommendations, particularly concerning the arrest of those
identified as responsible, were very often said to have not been followed.
Communications sent
437. The Special Rapporteur transmitted to the Government of Mexico
allegations he had received concerning violations of the right to life of
seven persons:
(a) One case concerned the alleged death in police custody, as a result
of torture and ill-treatment, of Pedro Lenin Vilchis Dominguez;
(b) The following persons were reportedly killed in the context of land
conflicts: Mateo Vargas Nava, Isidro Vargas Nava and Bulmaro Vargas Najera;
Sabino Diaz Osorio and Rodrigo G6mez Zamorano. In these cases, as in the
case of the reported murder of Jose Ramos N1 ffioz, an indigenous peasant,
those responsible for the killings are said to be closely linked with
representatives of the local authorities. Arrest warrants against them were
reportedly issued but not carried out. In addition, an eye-witness to the
killing of Mateo Vargas Nava was said to have been threatened with death by
judicial police if he presented his testimony to the authorities.
Communications received
438. The Government of Mexico provided the Special Rapporteur with a reply
concerning the case of Pedro Lenin Vilchis Dominguez, informing him that the
National Human Rights Commission had opened an inquiry into the case and, at
the time of the reply, was studying information brought to its attention by
judicial authorities of the Federal District (15 June 1993) .
439. In the same letter, the Government of Mexico forwarded information
concerning four cases transmitted by the Special Rapporteur in 1992. The
National Commission on Human Rights had initiated investigations into all of
the cases and had issued a number of recommendations to the effect that the
conduct of members of the police as well as other State representatives should
be examined to establish their responsibility for the killing of Victor Manuel
Oropeza Contreras (see E/CN.4/1993/46, para. 423) and of Tom s Diego Garcia
during a police operation in the Indian community of La Trinidad Yaveo
(see E/CN.4/1993/46, para. 422) . Recommendations concerning the arrest of
certain officers had not yet been carried out. With regard to the alleged
death threats against Misael Garcia Santiago during this operation, the
Government of Mexico informed the Special Rapporteur that the National Human
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Rights Commission could not find any information in its database. As concerns
the killing of Francisco Quijano Garcia (see E/CN.4/1993/46, para. 424), the
National Human Rights Commission had recommended that criminal proceedings be
opened against the police officers responsible for the extrajudicial killing
of his sons Erick Dante, Jaime Mauro and Hector Ignacio Quijano Santoyo, but
did not make any pronouncement concerning his own disappearance and subsequent
killing.
Follow-up
440. The Special Rapporteur sent a follow-up letter to the Government of
Mexico in which he expressed his appreciation for the willingness to cooperate
shown by the Mexican authorities. With reference to the above-mentioned
replies, the Special Rapporteur requested to be informed about the functioning
of the National Human Rights Commission and, in particular, whether its
recommendations were binding. He also inquired specifically about the
measures, judicial or disciplinary, adopted with regard to those police agents
identified by the National Human Rights Commission as responsible for
extrajudicial killings, and whether any compensation had been granted to the
families of the victims. Furthermore, the Special Rapporteur asked to be
informed about the database referred to in the reply, and about the reasons
why recommendations to arrest certain persons had not been put into practice.
441. In the same letter, the Special Rapporteur also referred to a reply
received from the Government of Mexico in 1992 concerning alleged death
threats against lawyer Maria Teresa Jardi (see E/CN.4/1993/46, paras. 420
and 425) and requested to be provided with updated information about the
progress of the investigations carried out as well as the measures adopted to
ensure her protection.
Observations
442. The Special Rapporteur notes with concern that in a number of cases,
recommendations made by the National Human Rights Commission appear not to be
followed by the authorities. In particular, this seems to apply quite often
with regard to recommendations to detain persons identified by the Commission
as responsible for human rights violations. The Special Rapporteur calls upon
the competent authorities to ensure that such recommendations are followed and
to ensure that all perpetrators of human rights violations are brought to
justice.
Morocco
443. The Special Rapporteur received information according to which, one year
after the dismantling of the secret prison at Tazmamert and the release of
most of the remaining 30 surviving inmates, no investigations had been
initiated into the deaths of 33 persons detained at Tazmamert. It was
reported that the victims had been held in total isolation and had died of
diseases caused by inadequate food and hygiene, as well as neglect and lack of
medical attention. Furthermore, the Special Rapporteur was informed that the
families of the victims had not been informed of the causes of the deaths of
their relatives, and that they had not been granted any compensation.
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Communications sent
444. The Special Rapporteur sent a letter to the Government of Morocco in
which he transmitted the case of Abdesslam Belkaid, who allegedly died in
Kenitra central prison due to lack of medical attention.
Communications received
445. The Government of Morocco provided the Special Rapporteur with a reply
to this letter and stated that the competent authorities had carried out
investigations into the case and had established that the prison registry
number contained in the communication by the Special Rapporteur did not
correspond to the name of Abdesslam Belkaid. The authorities requested the
Special Rapporteur to provide them with the exact name of the person who
allegedly died in Kenitra central prison on 27 January 1993
(14 September 1993) .
Observations
446. The Special Rapporteur expresses his appreciation of the willingness
to cooperate shown by the Moroccan authorities. While contacting the
source, in accordance with the follow-up procedures recently initiated,
the Special Rapporteur notes that the fact that the registry number does
not correspond to the name of the prisoner indicated should not impede the
authorities from finding out whether any prisoner by that name had died on or
around 27 January 1993 at Kenitra central prison, or whether the prisoner
identified through the registry number, although bearing a different name,
died due to lack of medical attention.
Myanmar
447. The reports that have come before the Special Rapporteur indicate that
human rights violations, including extrajudicial, summary or arbitrary
executions, continue to occur in Myanmar.
448. As in former years, such reports contained allegations of 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 insurgents 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.
E/cN. 4/1994/7
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Communications sent
449. The Special Rapporteur transmitted to the Government of Myanmar
allegations he had received concerning violations of the right to life of
more than 55 persons, including two minors and two women.
450. The specific cases brought to the attention of the Government of Myanmar
concerned:
(a) The extrajudicial execution, by members of the military, of the
following persons forced to serve as porters: Abdul Mozid, allegedly beaten
to death; Islam Nur, reportedly shot because he could not carry his load of
ammunition; Zuri Ahmed, reportedly shot because he could no longer carry his
load on a steep hill; Nai Aung Nyein, reportedly beaten to death;
(b) The extrajudicial execution by members of the military of:
17-year-old Zahida, allegedly after having been abducted and raped by
soldiers; Abdul Rahman, allegedly shot dead by military intelligence
agents who suspected him of being a supporter of the Rohingya Solidarity
Organization; Sein U Than, village headman of La Kaing, allegedly accused by
soldiers of cooperating with the insurgents; at least 20 unidentified Muslims,
allegedly shot dead by Myanmar security forces when they attempted to cross
the Naaf river into Bangladesh; at least 17 unidentified persons, when
soldiers threw a bomb into a group of people; Nai Aung l ila; two unidentified
villagers, allegedly for having refused to perform military service;
82-year-old Mi Shwe U, allegedly when soldiers opened fire indiscriminately on
her village; Nai Them and Nai Aung, allegedly by drunken soldiers who opened
fire indiscriminately; 11-year-old Mm Aung Soe, reportedly abducted and shot
dead by an army firing squad; and Nai Nyunt Maung.
Communications received
451. At the time of the present report, no replies to the cases transmitted
in 1993 had been received from the Government of Myanmar.
452. The Government of Myanmar provided the Special Rapporteur with replies
concerning cases transmitted in 1992 as well as in 1991, by the then Special
Rapporteur. The Government reported that the allegations according to which
several persons had been tortured and shot to death (see E/CN.4/1993/46,
para. 436 (a)-(c)), were not true and could only be fabricated. Upon his
arrest, Mohamed Ilyas (see E/CN.4/1993/46, para. 436 (e)) had received
treatment for severe stomach pains but had succumbed to disease.
Follow up
453. The Special Rapporteur addressed a follow-up letter to the Government
of Myanmar in which he referred to the aforementioned replies to the cases
transmitted in 1992. In particular, he requested to be informed in detail
about the investigations carried out to show that the allegations were
fabrications. In the case of Mohamed Ilyas, the Special Rapporteur asked for
further details about his death and, in particular, whether an autopsy had
been carried out (22 February 1993) .
E/CN. 4/1994/7
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454. In reply to this letter, the Government of Myanmar provided the Special
Rapporteur with additional information, stating that Mohamed Ilyas, who had
been caught while setting mines and explosives at the public golf course in
Maungdaw, had died of a stomach ulcer from which he had been suffering for a
long time. This was established by the post-mortem examination carried out by
the Township Medical Doctor. With regard to Saing Shwe, the authorities
reported that extensive inquiries within the military commands in Shan State
had established that no person of that name was killed or wounded in the area
and during the period indicated (15 November 1993) .
Observations
455. The Special Rapporteur appreciates the willingness to cooperate shown
by the Government of Myanmar with regard to follow up on cases transmitted
in 1992. However, he notes with concern that grave allegations of violations
of the right to life continue to come before him. In this context, he wishes
to make reference to the recent report of the Special Rapporteur on Myanmar to
the General Assembly (A/48/578), which contained details, in particular on the
phenomenon of extrajudicial killings of Muslims forced to serve as porters.
The Special Rapporteur calls upon the Government of Myanmar to adopt measures
to effectively protect the civilian population from abuses by the security
forces and, in particular, the Muslim population of Rakhine State.
Nepal
Communications sent
456. The Special Rapporteur transmitted to the Government of Nepal allegations
he had received concerning violations of the right to life of 25 persons,
including two minors and two women; 22 cases reportedly involved violations of
the right to freedom of opinion and expression, peaceful assembly and
association.
457. The cases brought to the attention of the Government of Nepal concerned
the alleged extrajudicial killings of: Raja Ram Shakya and at least 18 others
(names available at the Secretariat) , when the police opened fire on
demonstrators in Kathmandu and neighbouring towns. One woman, Rita Silpakar,
was reportedly killed while watching the demonstrations from her nearby
window; Rigzin Tsering, a monk, reportedly by Nepalese Border Guards;
Jamyang Kelsand, reportedly shot in the head and killed when police
opened fire on a crowd of Tibetans who had crossed the border into Nepal;
Kapildev Singh and Bijaya Mahato, killed when police opened fire on a group of
people who had gathered at Barahathawa police station, where three students
were being tortured. One of them, Kiran Shrestha, reportedly died of the
injuries sustained during the beatings.
Communications received
458. The Government informed the Special Rapporteur that Jamyang Kelsand,
Kapildev Singh and Bijaya Mahato had died after police were compelled to use
force for their own safety. Inquiries were carried out. Those responsible
for the killings were identified, but it was not necessary to have penal or
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disciplinary sanctions imposed on them. The families of Kapildev Singh and
Bijaya Mahato received compensation. Kiran Skrestha died of a chronic
disease, and from a beating (22 November 1993).
459. The Government of Nepal provided the Special Rapporteur with information
concerning nine cases transmitted in 1992 and informed him that in three of
these cases, security forces had to fire in self-defence, killing Om Prakash
Yadav, Nathuni Mahato and Sotilal Mukhiya. Immediate investigations had
confirmed that the situation required the action taken by police. Financial
relief had been provided to the families of the deceased. The deaths of
Tularaj Acharya, Poshan Lal Kunwar Danuwar, Ram Saran Yadav, Ram Prasad Singh,
Abdul Miya and Dilliram Chouhan were the result of clashes between opposing
party workers or local residents. Judicial investigations into these cases
were under way (13 August 1993) .
Observations
460. The Special Rapporteur appreciates the willingness to cooperate shown by
the Government of Nepal in providing him with the above-mentioned replies. He
remains, however, concerned at the use of lethal force by security forces and
calls upon the authorities to take all necessary steps to prevent similar
incidents from happening again in the future.
Nicaragua
Communications sent
461. The Special Rapporteur sent an urgent appeal to the Government of
Nicaragua in response to reports expressing fear for the lives and physical
integrity of sugar workers on strike after the police had allegedly resorted
to excessive use of force in trying to intervene on the premises of the sugar
company (19 March 1993) .
Communications received
462. At the time of the preparation of the present report, no communications
had been received from the Government of Nicaragua.
Nigeria
463. The Special Rapporteur received reports about violations of the
right to life in areas of Rivers State inhabited by the Ogoni community.
Security forces were said to have used excessive force against participants
in peaceful demonstrations against the destruction of fields and crops without
indemnification by Nigerian and multinational companies exploiting oil fields
in the region. Killings were also said to have taken place during ethnic
clashes between the Ogoni and the neighbouring Adoni people, in which the
authorities allegedly supported the latter.
464. The Special Rapporteur also received reports expressing concern at trial
procedures before the Civil Disturbances Special Tribunal leading to the
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imposition of capital punishment, in which fundamental fair trial guarantees
were said to be denied, in particular the right to appeal before a higher
court.
Communications sent
465. The Special Rapporteur transmitted to the Government of Nigeria
allegations he had received concerning violations of the right to life of more
than 57 persons, including three minors and one woman. More than 35 persons
were said to have been extrajudicially executed in violation of their right to
freedom of opinion and expression, peaceful assembly and association.
466. The Special Rapporteur addressed urgent appeals to the Government of
Nigeria after being informed that the following persons had been sentenced to
death by the Civil Disturbances Special Tribunal in Kaduna: Major-General
Zamani Lekwot; Gankon Dawa Kurfi; Iliya Maza; General James Atomic Kude;
Yohanna Karau Kibori; Marcus Mamman; Yahaya Duniya; Julius Sarki Dabo as well
as three members of the Hausa ethnic group and three members of the Kataf
ethnic group (10 February 1993 and 8 March 1993) .
467. The Special Rapporteur also transmitted to the Government of Nigeria
allegations he had received concerning the alleged extrajudicial, summary or
arbitrary execution of at least 35 members of the Ogoni ethnic group,
including the husband of Mrs. Nwiku and three young children, during an armed
attack by Adoni people on Kaa town, in which the military was said to have
failed to attempt to restore order, and of Agbarator Otu, who was said to have
been killed when security forces opened fire on Ogoni people demonstrating
against oil companies.
Communications received
468. Concerning the allegations of killings in Ogoni-land, the Government
of Nigeria stated that Agbarator Otu and 10 others from this region had not
been killed. The Government also informed the Special Rapporteur that
Ken Karo-Siwa had been arrested in June 1993 in connection with the political
and civil disturbances in Rivers State during the election period and released
on 4 September 1993. During his detention, he was accorded all relevant
rights and protection and was not subjected to torture or any inhuman or
degrading treatment (22 November 1993) .
Observations
469. The Special Rapporteur appreciates the willingness to cooperate shown by
the Government of Nigeria in providing him with the above-mentioned reply. He
will follow up on the information it contains in accordance with the follow-up
procedure recently initiated.
470. However, the Special Rapporteur remains concerned at the allegations of
lethal force by security forces against peaceful demonstrators described
above. Reports of acts of inter-ethnic violence resulting in numerous
casualties, in which government forces are said not to have taken any
preventive action, are also most disturbing. Furthermore, the Special
Rapporteur is concerned that defendants before the Civil Disturbances Special
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Tribunal are not guaranteed a full right to appeal. The Special Rapporteur
calls upon the Government of Nigeria to adopt all necessary measures to
prevent the excessive use of force in the context of demonstrations; to ensure
equal protection of the right to life of all people, regardless of their
ethnic origin, and prevent inter-ethnic violence; and to assure full respect
for all safeguards and guarantees protecting those who may face the death
penalty.
Pakistan
471. The Special Rapporteur continued to receive reports expressing concern at
the continued application of capital punishment in Pakistan after trials in
which internationally recognized safeguards and guarantees for those who may
face the death penalty are not fully guaranteed. Particular concern has been
expressed at the fact that the scope of the death penalty had been extended in
recent years: in May 1991 the death penalty had become mandatory in cases of
blasphemy and the Government was said to be planning to extend it to drug
offences in August 1993.
Communications sent
472. The Special Rapporteur transmitted an urgent appeal to the Government of
Pakistan after being informed of the imminent execution of three members of
the Christian religious minority, Manzoor Masih, Rehmat Masih and
Salamat Masih, who had been charged with blasphemy. According to the
information received, their trial presented grave shortcomings with regard to
the right to defence. The Special Rapporteur expressed particular concern at
the fact that Salamat Masih was only 13 years old (7 September 1993) .
473. The Special Rapporteur also transmitted to the Government of Pakistan two
cases of alleged extrajudicial executions said to have occurred in late 1990,
in which the authorities were reported to have failed to fulfil their
obligation to open investigations. The names of those killed, allegedly by
identified members of the security forces, were Zulfikar Ali Domki and Mashood
Ahmed Domki.
Communications received
474. At the time of the preparation of the present report, no communications
had been received from the Government of Pakistan.
Observations
475. The Special Rapporteur notes with alarm the extension of the scope of
capital punishment as described above. He is also deeply concerned at the
reports of death sentences handed down after trials in which the defendants
did not benefit from full guarantees for a fair trial. The death sentence
imposed upon a 13-year-old boy is particularly disturbing. Death as
mandatory punishment in cases of blasphemy clearly constitutes a violation of
article 6 (2) of the International Covenant on Civil and Political Rights,
whereby only the most serious crimes which entail lethal or other extremely
grave consequences may be punished by death. The Special Rapporteur urges the
Government of Pakistan to refrain from widening the scope of capital
E/CN. 4/1994/7
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punishment and to ensure that defendants in capital cases fully benefit from
all safeguards and guarantees contained in the pertinent international
instruments. The Special Rapporteur also calls upon the authorities to revise
legislation so as to make it conform to these instruments.
Pana ma
Communications sent
476. The Special Rapporteur transmitted an urgent appeal to the Government of
Panama after fears had been expressed for the life and physical integrity of
trade union leader Orlando Stanziola and seven other trade unionists, who were
said to have been detained after a strike in a sugar mill. They had allegedly
received death threats (2 April 1993) .
Communications received
477. The Government of Panama provided the Special Rapporteur with two replies
to the aforementioned urgent appeal and informed him about the events at the
sugar mill. The Government forwarded a number of official documents
indicating that the security forces did not threaten or ill-treat Orlando
Stanziola or the seven detained. According to a report by the Ministry of
Labour and Social Welfare, those detained were visited eight minutes after
their detention by a representative of the Commission on Human Rights of
Panama. When they were released, shortly afterwards, upon an order by the
President of the Republic, all seven signed a note confirming that they had
not been subjected to ill-treatment.
Papua New Guinea
478. The Special Rapporteur received information according to which a large
number of human rights violations, including extrajudicial, summary or
arbitrary executions, had occurred since April 1991 on the island of
Bougainville in the context of the ongoing armed conflict between the security
forces of Papua New Guinea and the Bougainville Revolutionary Army (BRA) .
479. A large number of suspected BRA members had allegedly become victims of
executions and disappearances. It was reported that a large number of them
had died after their boats or trucks were shelled or strafed from the air by
the armed forces. Other killings were said to have taken place in government
controlled “care centres” ostensibly established by the authorities to provide
shelter to Bougainvilleans fleeing the BRA. According to the reports, the
latter were also responsible for serious human rights abuses, including
killings of alleged opponents. To date, no information has been received
regarding efforts made by the authorities to stop such human rights
violations. On the contrary, the Government of Papua New Guinea was reported
to have persistently denied the occurrence of human rights violations in
Bougainville.
E/cN. 4/1994/7
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Communications sent
480. The Special Rapporteur sent an urgent appeal to the Government of Papua
New Guinea after being informed about concerns for the lives and physical
integrity of Ken Savia, Mr. Toromura and Gabriel Tameung, who were said to
have been arrested by the security forces and were feared to have been killed
while in custody (21 May 1993) .
481. The Special Rapporteur also transmitted the above-mentioned concerns
to the Government of Papua New Guinea with a request for information on the
situation with regard to the right to life in the country and, in particular,
on any steps taken to bring perpetrators of human rights violations to justice
and prevent similar incidents from happening in the future.
Communications received
482. At the time of the preparation of the present report, no communications
had been received from the Government of Papua New Guinea.
Paraguay
Communications sent
483. The Special Rapporteur sent an urgent appeal to the Government of
Paraguay after being informed about repeated death threats against former
political prisoner Martin Almada, human rights lawyer Gloria Estrago and
Reverend Armin Yhle. The threats were said to emanate from an extreme
right-wing organization allegedly enjoying support from the Government
(27 April 1993) .
Communications received
484. At the time of the preparation of the present report, no reply to the
urgent appeal had been received from the Government of Paraguay.
485. On 28 June 1993, the Government of Paraguay provided the Special
Rapporteur with information regarding three cases transmitted in 1991 by the
then Special Rapporteur. In the case of death threats against two lawyers,
investigations had been opened but could not be pursued by the Public
Ministry, since death threats required civil penal action and the complainants
could not forward any evidence to substantiate the complaint. No one had
filed a complaint concerning an alleged attempt on the life of a Member of
Parliament.
Observations
486. The Special Rapporteur appreciates the willingness to cooperate
demonstrated by the Government of Paraguay in providing him with the replies
summarized above. Although, for reasons pointed out earlier, replies to cases
transmitted in 1991 cannot be included in the same follow-up procedure as
those sent to the Governments concerned in 1992 and 1993, the Special
Rapporteur would like to note that it is the obligation of each State to
guarantee full protection of all fundamental rights and freedoms and, in
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particular, the right to life. The interest of providing such protection goes
beyond the interest of the individuals involved and includes the obligation to
investigate violations of the right to life, identify and punish those
responsible, and prevent their future occurrence. Consequently, the
investigation of alleged death threats should not be subject to a civil penal
action, whereby the victim is exclusively responsible for initiating the
action; the public prosecutors should be entitled to pursue investigations on
their own initiative. The Special Rapporteur calls upon the Government of
Paraguay to consider revising its legislation so as to enable the authorities
to fulfil their obligations under international law irrespective of whether or
not the victims are able to provide evidence to identify the authors of human
rights abuses against them.
Peru
487. From 24 May to 2 June 1993, the Special Rapporteur visited Peru to look
into allegations of violations of the right to life in that country. His
findings, together with his conclusions and recommendations, are contained in
an addendum to the present report (E/CN.4/1994/7/Add.2). This chapter
contains an account of the cases transmitted to the Government of Peru in 1993
as well as follow-up correspondence concerning allegations transmitted
earlier.
Communications sent
488. The Special Rapporteur transmitted to the Government of Peru allegations
he had received concerning violations of the right to life of 95 persons,
including 3 minors and 25 women. Four cases were said to involve violation of
the right to freedom of opinion and expression, peaceful assembly and
association in five urgent appeals, the Special Rapporteur responded to
allegations of death threats against eight persons.
489. The Special Rapporteur sent urgent appeals to the Government of Peru
in response to reports expressing fear for the lives and physical integrity
of the following persons: Rosa del Pilar Pastor, the wife of General Jose
Pastor Vives, imprisoned after an attempt to overthrow the Government of
President Fujimori in September 1992, after death threats (31 December 1992);
journalist Cecilia Valenzuela, after death threats related to her articles
on serious human rights violations imputed to the State security forces
(30 March 1993) ; Heriberto Benitez Rivas and his family, after death
threats said to be related to his activities as lawyer for the families
of the 10 victims of La Cantuta (see E/cN.4/1993/46/Add.2, paras. 55-73)
(26 July 1993) ; trade union leader Jose Barletti Pascuales, said to be held
in unacknowledged police detention (7 September 1993) ; Camilo N1 ffiez Quispe,
reportedly abducted by police agents, after the killing by police of his
brother Te6filo N1 ffiez Quispe. Fears were also expressed for the safety of the
latter's wife Natalia Escobar Silvestre and father Guillermo N1 ffiez Palomino,
and of Soledad Ramos Ramos, all of whom were said to have witnessed his
killing (24 September 1993) .
490. In an urgent communication on 8 July 1993, the Special Rapporteur urged
the Peruvian authorities to adopt all necessary measures to protect four
graves found on the road from Lima to Cieneguilla which were said to contain
E/cN. 4/1994/7
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the remains of the 10 victims of La Cantuta , and to ensure that the
investigation of these remains are carried out by a team of recognized
experts, according to the highest standards. The Special Rapporteur
reiterated this appeal in another communication on 22 September 1993
(see E/CN.4/1993/46/Add.2, paras. 68 and 73) .
491. On 22 September 1993, the Special Rapporteur addressed a further urgent
communication to the Government of Peru in which he expressed grave concern at
the possible extension of the scope of the death penalty to crimes of
terrorism and treason, as provided for in one of the articles of the new
Constitution whose draft was submitted for approval by the Peruvian people
in a referendum on 31 October 1993. The Special Rapporteur pointed out the
tendency towards a limitation and eventual abolition of capital punishment
contained in various international instruments and expressed particular
concern at the shortcomings with regard to guarantees for a fair trial
under the anti-terrorism legislation currently in force in Peru
(see E/CN.4/1993/46/Add.2, paras. 74-78).
492. The Special Rapporteur also transmitted to the Government of Peru the
following cases of alleged extrajudicial, summary or arbitrary executions that
have been brought to his attention:
(a) Alleged extrajudicial executions by members of the military
in 1992: Erick Rojas Llanca and Rafael Navarro Pisango in Los Jardines de
Tarapoto; Amadeo Ircaflaupa, Luciano Huantn Garcia, Antonio Janampa Auccasi,
Constantina Garcia Guti&rez, Mariano Janampa Garcia, Agripina Auccasi
Espilico, Celedonio Huam n Garcia and Maura Huam n Paucar, in Pallcca;
Demetrio Huantn Le6n, between Pallcca and Manchiri; Victor Huam n Paucar,
Mauro Huantn Paucar, Narcizo Huam n Paucar and Melecio Chonta Huam n, in
Manchiri; Pedro Honorato Davila Espinoza, in Aucayacu; Cirilo Ccora Quispe, in
Pastales Huando; Josias Ramirez Angulo, in Lamas; Pedro Huilca Tecse, in Lima;
(b) Thirty students of the Universidad Nacional del Centro del Peri in
Huancayo, who were reportedly abducted by members of the security forces after
the military had carried out a census of all students and teachers. A large
number of them were said to have been found dead later, some bearing marks of
torture. A special attorney was appointed to investigate these cases.
However, to date, no one was said to have been brought to justice. The names
of the students are available at the Secretariat;
(c) Alleged extrajudicial executions by members of the military
in 1993: Jose Omar Martin Morales Martinez, in Lima; C sar Alfonso Ramirez
Pinchi, in Caserio del Mariscal C ceres; Ruby Porras Montes, in Chupuro;
Alberto Calipuy Verde and Rosa Carbajal (or Rosenda Yauri Ramos), in
Anigasmarca; Julia Herrera Pablo, in Uchucchahua; Santos Hilario Tayganpan,
Sara Bolostro, Juana de la Cruz, Omar Tayganpan de la Cruz, Gabina Tayganpan
de la Cruz, Crispin Tayganpan de la Cruz and Segundo Benjamin Huam n, in
Angasmarca; 17 year-old Kisinger L6pez Ruiz, in Lima; Percy Nima Seminario, in
Piura; Francisco Diaz Mancilla, in Lima; Jose Antonio Alc zar G6mez, in Lima;
Carlos Augusto Gallardo Malpartida, in Hu nuco; Armando Ruiz V squez, in
Hu nuco; and Juan Silva C spedes, in Hu nuco;
E/CN. 4/1994/7
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(d) Furthermore, it was reported to the Special Rapporteur that the
police officer responsible for the killings of Zacarias Pasca Huamani and
Marcelino Valencia Alvadaro in Santo Tonts, Cuzco, in September 1990, as well
as the extrajudicial execution of David Ito Huanaco in 1991 has received only
a suspended sentence and is still at liberty.
Communications received
493. The Government of Peru provided the Special Rapporteur with replies to
two of the above-mentioned urgent appeals and informed him that:
(a) Cecilia Valenzuela had not activated any of the internal mechanisms
provided by the Peruvian legal system to deal with cases such as hers. The
Government noted that such action constituted one of the most important
preconditions for the admissibility of individual complaints before
international organs (13 May 1993);
(b) Jose Barletti Pascuales was released on 11 August 1993. During his
detention, his physical integrity and judicial guarantees were fully respected
(16 September 1993) .
494. The Government of Peru also provided the Special Rapporteur with
information concerning allegations transmitted by him in 1992 and informed him
that, in the cases of:
(a) Juan Luna Rojas (see E/CN.4/1993/46, para. 472), there had been no
attempt to abduct or detain him by any government organ. The register of
detainees did not contain any record of his past or current detention, and
there was no case against him pending (14 April 1993) ;
(b) The killing of 15 peasants in Santa Barbara, Lt. Javier BendeII
Vargas of the Peruvian Army had been sentenced to 10 years' imprisonment
(see E/CN.4/1994/7/Add.2, paras. 32 (a) and 53) (14 April 1993);
(c) The killing of five peasants in Chavin (see E/CN.4/1993/46,
paras. 475 and 480 (e)), investigations had been opened against several police
officers and members of the rondas campesinas of Challhuayaco, Rancas and
Huaripampa (19 April 1993) ;
(d) Alleged death threats against more than 40 journalists in Ayacucho
(see E/CN.4/1993/46, paras. 473 and 480 (c)), these threats were expressed in
one leaflet which circulated in Ayacucho in September 1993 and whose authors,
the self-proclaimed “Anti-terrorist Movement of Ayacucho”, could not be
identified (11 May 1993) ;
(e) Carlos V squez Reinel and Salvador Carrasco G6mez (see
E/CN.4/1993/46, paras. 477 (b) and 480 (p)), judicial proceedings had been
opened against five policemen who, at the time of the reply, were being held
in detention in Tarapoto (see also E/CN.4/1994/7/Add.2, para. 33 (c))
(11 May 1993);
E/cN. 4/1994/7
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(f) Cynthia Tumis Quezada Roque (see E/CN.4/1993/46, paras. 467
and 480 (a)) , investigations had revealed that she had not been hurt by a
bullet fired by a police officer but bit herself on the lip, frightened by the
sound of the shot (8 January 1993, 16 and 19 April 1993);
(g) Alleged death threats against prosecutor Manuel JIItonio C6rdova
Polo (ibid.) , criminal proceedings had been opened against a lieutenant of the
Peruvian Army (8 January and 19 April 1993);
(h) In s Sinchitullo Barboza (ibid.), criminal investigations had
continued but the authors of the attack against her home could not be
identified (19 April 1993) .
495. The Government of Peru also provided the Special Rapporteur
with follow-up information on a number of cases transmitted to the
authorities in 1991 by the then Special Rapporteur (5 January, 21 July
and 3 November 1993) .
496. The Government of Peru also provided the Special Rapporteur with
detailed information about numerous killings, in particular of members of
local authorities and members of the indigenous Ash ninka tribe in Satipo, as
well as other violent attacks resulting in the destruction of schools and
other public property committed by members of armed opposition groups,
particularly the Communist Party of Peru “Shining Path” (see also
E/CN.4/1994/7/Add.2, para. 29).
497. In addition, the Government of Peru forwarded to the Special Rapporteur
information concerning measures adopted by the Peruvian authorities to promote
awareness of and respect for human rights. These included several Legislative
Decrees concerning human rights education and rules concerning the processing
of complaints about human rights abuses and their investigation.
Follow-up
498. The Special Rapporteur sent a follow-up letter to the Government of Peru
in which he referred to a number of replies received from the authorities in
reply to cases transmitted to them in 1992, as well as information regarding
these cases contained in documents received by the Special Rapporteur during
his visit to Peru.
Observations
499. The Special Rapporteur appreciates the willingness to cooperate
demonstrated by the Government of Peru in providing him with the
aforementioned replies. As concerns the reply to the allegations of death
threats against Cecilia Valenzuela, the Special Rapporteur wishes to emphasize
that the aim of urgent appeals in such cases is the prevention of irreparable
loss of life and to alert the authorities so that they may provide effective
protection to the persons said to be at risk and open inquiries into the
origins of the alleged threats. Consequently, the Special Rapporteur
transmits such cases regardless of whether domestic remedies have been
exhausted.
E/CN. 4/1994/7
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500. The Special Rapporteur thanks the Government for its cooperation in the
preparation of, and during his visit to Peru. As concerns his assessment of
the situation of the right to life in Peru, the Special Rapporteur would
like to refer to his report on this visit. The Special Rapporteur hopes to
continue his dialogue with the Peruvian authorities on issues relating to his
mandate and, in particular, with regard to the implementation of the measures
recommended with a view to achieving better protection of the right to life.
He will continue to monitor closely all developments in this field.
Philippines
501. The Special Rapporteur received reports indicating that human rights
violations, including extrajudicial, summary or arbitrary executions, continue
to occur in the Philippines.
502. As in former years, 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 (CCP) engaged in guerrilla
warfare. While liquidation squads of the NPA known as “sparrow units”,
military rebel forces and Muslim separatist forces such as the Moro National
Liberation Front (MLNF) and the Moro Islamic Liberation Front (MILF) are said
to be responsible for acts of violence including killings, numerous violations
of the right to life continue to be attributed to government forces.
503. The Special Rapporteur received particularly disturbing allegations of
extrajudicial killings by members of the Citizen's Armed Forces Geographical
Units (CAFGU5) , one of the paramilitary forces deployed by the Philippine Army
in its efforts to defeat the armed opposition, particularly the NPA. The
Philippine National Police and the Philippine Army were also repeatedly named
as responsible for killings, death threats and acts of harassment and
intimidation. Those most frequently said to be the victims of such human
rights violations are civilians, including elderly people, women and children
in rural areas, where the government forces suspect them to be members or
supporters of the NPA.
504. In this context, it has repeatedly been reported that the Government
continues its counter-insurgency strategy of “total war” against the armed
opposition. This is allegedly responsible for most of the human rights
violations. Although in recent years the Philippines has adhered to a number
of international human rights instruments and civilian courts have regained
jurisdiction over military offenders, convictions for politically motivated
killings are still said to be exceptional and the perpetrators of human rights
violations allegedly continue to enjoy a high degree of impunity.
Communications sent
505. The Special Rapporteur transmitted to the Government of the Philippines
allegations he had received concerning violations of the right to life
of 16 persons, including 4 women. Five cases reportedly involved violations
of the right to freedom of opinion and expression, peaceful assembly and
association.
E/cN. 4/1994/7
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506. The Special Rapporteur sent urgent appeals to the Government of the
Philippines in response to reports expressing fear for the lives and physical
integrity of: 71 year-old Inostacia Masuela, after she had witnessed the
killing of her 75 year-old husband Porferio Masuela by CAFGU members said to
remain armed and at large (28 May 1993) ; poet and journalist Clovis Nazareno
and witnesses who testified on his behalf, after he was arrested and
ill-treated by police (27 August 1993) ; Sonny Boy de la Peffia and Edwina Bodozo
Joromo, peasant organizers and human rights activists, allegedly under threat
from CAFGU and police (13 September 1993) ; as well as Henry Llanos Banos,
Graciano Pardillo and Danilo Cangmaong, all three allegedly under death
threats from local government officials and police (3 September 1993) .
507. The Special Rapporteur also transmitted to the Government of the
Philippines allegations he had received concerning the following cases of
extrajudicial executions by members of the CAFGUs: Jovito and George Banidad,
allegedly killed by CAFGU members, who threatened their family with death if
they reported the incident; human rights activist Chris Batan; trade unionist
Exquito Lasquite; Emily Macabite; and Lolita Has y Domigina. In addition, the
Special Rapporteur transmitted the case of Joselito Furugganan, allegedly
extrajudicially executed by members of the Philippine Army.
Communications received
508. The Government of the Philippines provided the Special Rapporteur with
information on investigations carried out by the Philippine Commission on
Human Rights into the following cases:
(a) Complaints made by Clovis Nazareno against policemen whom he
accused of misconduct and oppression. This investigation had been closed
after he could not establish a factual basis for these complaints. A second
investigation was opened after allegations of renewed threats by military
personnel. The Commission concluded that he had not been a victim of the
alleged threats and closed the case (1 June 1993) . A police investigation
into the most recent complaints by Clovis Nazareno was dropped and closed as
being without merit or basis (29 October 1993);
(b) Reports about the killing of Lolita Has y Domigina. This
investigation led to the filing of a criminal complaint against CAFGU member
Joaquin Baron Sr. As of 21 April 1993, preliminary investigations were being
conducted and monitored by the Commission. Witnesses to the killing, who had
themselves been abducted by CAFGU members and Philippine Army soldiers,
refused to file charges against them for fear of reprisals (9 August 1993) ;
(c) Death of Exquito Lasquite. As of 5 July 1993, the Commission was
conducting investigations. Witnesses were hesitant to testify for fear for
their lives (9 August 1993) .
509. The Government of the Philippines also provided the Special Rapporteur
with a reply concerning the case of Eduardo Faelnar, transmitted in 1992
(see E/CN.4/1993/46, para. 495) . The commanding officer of the Military
Intelligence Command admitted that NPA members who had surrendered and were
in his custody had, without his permission, initiated actions, some of which
E/CN. 4/1994/7
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amounted to harassment, against Eduardo Faelnar. The latter subsequently
stated to the Commission that he was no longer being “tailed by
suspicious-looking men” (22 April 1993) .
Observations
510. The Special Rapporteur wishes to express his appreciation of the
willingness to cooperate shown by the Government of the Philippines. However,
the Special Rapporteur has noted with concern that, in the reports of the
Philippine Human Rights Commission, it is repeatedly stated that witnesses do
not dare present testimony about human rights violations as they fear for
their lives. The Special Rapporteur urges the Government of the Philippines
to invest the Philippine Human Rights Commission with procedures and resources
which effectively ensure protection of victims, their families and witnesses
who present complaints or testimony.
511. The Special Rapporteur is also concerned at the persistent reports
about violations of the right to life by paramilitary civil defence groups
cooperating with the Philippine National Army in counter-insurgency tasks, in
particular the CAFGtJs. The Special Rapporteur calls upon the Government of
the Philippines to adopt all necessary measures to ensure that both security
forces and members of civil defence groups fully respect the right to life of
the civilian population and insurgents who are hors de combat.
Rwanda
512. From 8 to 17 April 1993, the Special Rapporteur visited Rwanda after he
had received allegations of violations of the right to life in that country.
His findings, together with his conclusions and recommendations, are contained
in an addendum to the present report (E/CN.4/1994/7/Add.1). This chapter
contains an account of the cases transmitted to the Government of Rwanda
during 1993.
Communications sent
513. The Special Rapporteur transmitted to the Government of Rwanda
allegations he had received concerning violations of the right to life of
more than 300 persons, including those involving one minor and six women.
514. The Special Rapporteur sent two urgent appeals to the Government of
Rwanda expressing concern about human rights activists or witnesses of
human rights violations: Eustache Mupenzi and other persons who had
collaborated with or testified before the International Commission of Inquiry
on violations of human rights in Rwanda since 1 October 1990, following
reports of reprisals and acts of intimidation against those persons and of a
resumption of the killings (15 February 1993) ; Ignace Ruhatana, Permanent
Secretary of the non-governmental human rights organization Kanyarwanda, after
he had been injured during an attack by a commando of armed men on his house
(12 May 1993) .
515. The Special Rapporteur also transmitted to the Government of Rwanda
allegations he had received concerning the extrajudicial killings of more
than 300 persons. It must be noted, however, that while the incidents had
E/cN. 4/1994/7
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been reported in considerable detail, the names of most of the victims were
not communicated to the Special Rapporteur. Some of those cases had been
reported by an official commission of investigation. Regarding the types of
allegations referred to in the following cases, reference is made to the
report on the mission carried out by the Special Rapporteur in Rwanda
(E/cN.4/1994/7/Add.1) .
(a) The following persons were allegedly killed by members
of the security forces: Hayiparusi Kituku, Bonaventure Bigora,
Tito Umuto, Evariste Bizimungu, Charles Karake, Ephrem Twaguramungu,
Vedaste Murangwa, Claver Kirangwa, Claire Rwamwaga, Hitimana, Mafigi,
Kavaruganda, Mukamugara, Gatambara, Andre Rukiliza, Gerard, Gatura,
Ngiruwonsanga, Gakwaya, Elias Ndayambaje, Gahima, Etienne Bayijahe,
Albert Katalyera, Jean-Bosco Bagiranza, Kanyakore (alias Sekufeko) ,
Gakwenzire, Ismail Songoro, Justine Muhungwange, Bugirimfura,
Mukantwari, Mukabahinde, Simeon Mutarambwira, Rugelinyange,
Claude Mutsinzi, 75 unidentified persons, and 2 groups of an
undetermined number of unidentified persons;
(b) The death of the 34 unnamed persons and of two groups of an
undetermined number of unidentified persons was attributable to local
government officials;
(c) The following persons had been killed by members of the
Movement r volutionnaire national pour la d mocratie et le d veloppement
(MRND) : Sophie Ntawera, Mukamana, Semafaranga, Nkunzwenimana,
Mbendegezi, Fatuma Mukandutiye, Martin Nsabimana, Kadogo, Hategekimana,
and 154 unidentified persons;
(d) In addition, the case of Emanuel Gapyisi, a prominent leader of the
opposition political party, Movement democratic republicain (MDR) , was
reported. It was alleged that he had been killed by a death squad said to be
linked with certain Rwandese authorities.
Observations
516. The Special Rapporteur welcomes the signature of a peace agreement
on 4 August 1993 in Arusha, United Republic of Tanzania, between the
Government of Rwanda and the Rwandese Patriotic Front (FPR) . It was reported
that the internally displaced persons had started returning to their villages.
However, according to the information received, none of the concrete steps to
avoid the recurrence of violations of the right to life in the country
announced by the President and the Prime Minister in their joint declaration
of 8 April 1993 had been put into practice.
517. At the time of the preparation of the present report, no reply had
been forwarded by the Government of Rwanda, either on the report on the
mission of the Special Rapporteur, which was transmitted to the authorities
on 23 August 1993, or on the urgent actions or the cases transmitted to the
Government. It was therefore not known what measures had been adopted by the
Government to implement the recommendations made by the Special Rapporteur
after his mission. The Special Rapporteur wishes to carry out a follow-up
visit to Rwanda, possibly as a joint mission with the Representative of the
E/CN. 4/1994/7
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Secretary-General on internally displaced persons. In the light of the
violent incidents which have taken place in neighbouring Burundi, and taking
into account the similarities of the problems facing those two countries, the
Special Rapporteur envisages the possibility of conducting a combined visit to
both Rwanda and Burundi.
Saudi Arabia
518. The Special Rapporteur received a number of reports concerning the
practice of capital punishment in Saudi Arabia. In particular, it was
reported that 1992 had witnessed a sharp increase in applications of the death
penalty: 105 persons were said to have been publicly executed. Serious
concerns were expressed with regard to grave shortcomings in the procedures
during trials that lead to the imposition of capital punishment. The
defendants were said to be denied most basic rights during pre-trial
detention, including the right of access to lawyers and prompt access to a
judge, the right to challenge their detention before a judge and medical
attention. Furthermore, defendants reportedly do not benefit from adequate
time or facilities to prepare their defence. During the trial, they are
allegedly denied the right to be formally represented by a lawyer. It was
reported that in many cases convictions were pronounced solely on the basis of
confessions, and there were numerous allegations of forced confessions which
were said to have been extracted under torture.
519. In addition, it was reported that the number of capital offences was
extended twice: in 1987, a fatwa was issued to extend the scope of the death
penalty to drug smuggling or receiving and distributing drugs from abroad.
In 1988, another fatwa extended the death penalty to acts of sabotage or
“corruption on earth” that “undermine security and endanger lives and public
or private property” . Previously, such offences were punishable by the death
penalty only if loss of life was involved.
Communications sent
520. The Special Rapporteur addressed a letter to the Government of
Saudi Arabia in which he expressed his concern at the reports summarized above
and requested to be provided with specific information about the range of
off ences punishable by death and the rules of procedure that apply to such
cases, with particular regard to the rights of persons held in preventive
detention and during the trial itself.
Communications received
521. At the time of the preparation of the present report, no communications
had been received from the Government of Saudi Arabia.
Observations
522. The Special Rapporteur is deeply concerned at the practice of capital
punishment in Saudi Arabia, which, according to the reports at his disposal,
constitutes in many aspects a violation of article 6 of the International
Covenant on Civil and Political Rights, through the extension of the range of
capital offences, its application to offences which do not have lethal
E/cN. 4/1994/7
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consequences but entail only damage to property, and the failure to ensure
full fair trial guarantees. The Special Rapporteur regrets that the
Government of Saudi Arabia has not replied to his request for information. He
urges the authorities to revise the legislation and practice so as to make
them conform to the standards as set forth by the pertinent international
instruments.
Sierra Leone
523. The Special Rapporteur received a number of reports concerning serious
violations of the right to life in the aftermath of alleged attempted
coups d'etat : at least 26 persons were said to have been sentenced to death
and executed in Freetown on 29 December 1992 for their alleged involvement,
following a trial before a new military tribunal which failed to respect the
minimum guarantees for a fair trial. In particular, it was reported that not
all of the five army officers who formed the tribunal had received legal
training, that the defendants had not been guaranteed the right to be assisted
during their trial by legal advisers or defence lawyers and that they had no
right to appeal their conviction and sentences.
524. The Special Rapporteur also received reports of violations of the right
to life in the context of an armed conflict between the army and rebel forces
in the south-east of the country. Most of the cases brought to his attention
had occurred in 1991. A non-governmental source reported that, according to
government estimates in mid-1992, more than 8,000 civilians and 125 soldiers
had died since March 1991, when an invasion force from Liberia composed
principally of Sierra Leoneans belonging to an armed group opposed to the
Government captured villages and towns in Southern and Eastern Provinces. In
this context, it was also reported that government troops had tortured and
executed people suspected of supporting or assisting rebel forces.
Communications sent
525. The Special Rapporteur transmitted to the Government of Sierra Leone
allegations he had received concerning violations of the right to life
of 59 persons, including 2 women.
526. The Special Rapporteur sent four urgent appeals to the Government of
Sierra Leone after receiving reports about the execution of the death penalty
imposed on at least 26 persons for their alleged involvement in the attempted
coups d'etat . James Bambay Kamara, James Yaya Kanu, Kahota Dumbuya were among
those reportedly executed. Fears had been expressed that nine others (names
with the secretariat) might also be sentenced to death and executed after a
trial that did not conform to internationally recognized fair trial standards
(6 and 15 January, 10 February and 27 April 1993).
527. The Special Rapporteur also transmitted to the Government of Sierra Leone
the following specific cases: Jibiru Turay, Mohamed Turay, Thairu Turay,
Lahai Kpatewah and Alhadji Morrey, allegedly killed by soldiers on suspicion
of having joined the insurgents; Ansumana Sheriff, Alusine Sheriff and
Ensine Sesay, reportedly robbed and killed by soldiers because they were in
possession of rebel documents; Kanneh Braima and Augustine Kamara, captured
while hiding in the bush and allegedly executed by soldiers; Koakei Karimu,
E/CN. 4/1994/7
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killed by soldiers because he was mistaken for a man who was believed to have
joined the rebels; and Momo Koneh, allegedly a self-confessed rebel, handed
over by the local authorities to the army headquarters for further
investigation and reportedly executed there.
Communications received
528. At the time of the preparation of the present report, no communications
had been received from the Government of Sierra Leone.
Observations
529. The Special Rapporteur was deeply concerned at the fact that despite
repeated urgent appeals sent to the Government of Sierra Leone, fears
continued to be expressed concerning the life and physical integrity of the
persons arrested and held incommunicado on suspicion of involvement in alleged
coup attempts, and regrets that no information was forwarded by the Government
on those allegations. The Special Rapporteur calls upon the Government of
Sierra Leone to ensure full respect for the right to life and, in particular,
for the guarantees and safeguards protecting those who may face capital
punishment, in accordance with the pertinent international instruments.
Somalia
530. The Special Rapporteur received a number of reports concerning grave
human rights abuses, including violations of the right to life, in the context
of what was described as a human rights disaster caused by the ongoing armed
conflict between the warlords and their numerous armed groups and famine. The
victims of deliberate killings were said to have included numerous civilians
who did not take part in the hostilities, as well as humanitarian relief
workers and members of the United Nations Operation in Somalia (tJNOSOM) .
531. With particular concern, the Special Rapporteur has received reports
about alleged extrajudicial killings of civilians involving members of the
international forces deployed in Somalia during both phases of operations
authorized by the United Nations. For example, during the first phase, until
the end of April 1993, members of various national contingents of the
United Nations International Task Force (tJNITAF) were said to have been
responsible for the killing of several Somalias, allegedly using excessive
force. The killing of approximately 20 Somalia civilians in Mogadishu by
Pakistani troops forming part of the United Nations peace-keeping force in
Somalia who allegedly opened fire on a large crowd of people, including women
and children, was also reported to the Special Rapporteur.
Communications sent
532. The Special Rapporteur addressed a letter to the head of UNOSOM. Since
the reports on violations of the right to life in Somalia were rather general,
and the current situation in Somalia did not permit him to follow the normal
procedure established for the working of the mandate, the Special Rapporteur
requested information about the situation of the right to life of civilians in
Somalia, both in general (figures, perpetrators, circumstances, etc.) and with
regard to specific cases.
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533. In the same letter, the Special Rapporteur expressed grave concern at
the allegations implicating international peace-keeping forces in killings of
civilians and asked UNOSOM to provide him with information about the inquiries
carried out to establish the precise circumstances of those incidents and, in
particular, whether the military personnel involved resorted to excessive use
of force. The Special Rapporteur also asked for information about the organs
which carried out such investigations, their legal basis and the sanctions, if
any, imposed as a result of such proceedings. Finally, the Special Rapporteur
inquired what measures had been adopted to avoid excessive use of force by
members of the international peace-keeping force and, in particular, whether
they received any specialized instruction with regard to internationally
recognized standards and the obligation to abide by them even during armed
conflicts.
Observations
534. The Special Rapporteur is deeply concerned at reports about the reported
involvement of members of the international forces in violations of the right
to life in Somalia. In this context, he wished to express his view that
members of United Nations field missions should be held responsible for
violations of rights and guarantees contained in international human rights
instruments. As each State is bound under international law to respects these
standards, an organ representing these States in their collectivity has at
least the same degree of responsibility. As peace-keeping and observer
missions under the auspices of the United Nations multiply, it may be
desirable to envisage the institution of an organ within the United Nations,
or within each peace-keeping or observer mission, to investigate human rights
abuses by members of such missions and hold their authors responsible.
Provision should also be made to grant compensation to the victims of such
abuses or, in the case of extrajudicial killings, to their families. With a
view to preventing such incidents, all members of peace-keeping and observer
missions should receive thorough training in human rights matters as well as
in mediation and conflict resolution.
South Africa
535. As in former years, the Special Rapporteur received a large number of
allegations concerning extrajudicial, summary or arbitrary executions, death
threats or acts of harassment and intimidation against members of the
political opposition, in particular the African National Congress (ANC) ,
trade unionists, human rights defenders and student leaders. The South
African Police (SAP) , the South African Defence Forces (SAF) and groups
allegedly cooperating with them were said to be responsible for most of the
killings and death threats reported to the Special Rapporteur. Some of these
acts were said to be directed against persons who had provided testimony in
inquiries into human rights abuses imputed to members of the security forces.
536. According to the information received, grave acts of political
violence continued to occur, including attacks on black train commuters or on
ANC-supporting communities by armed men believed to be operating from hostels
controlled by the Inkatha Freedom Party (IFP) in which the police were said to
acquiesce. Reports were also received concerning deaths in police custody,
allegedly after torture and excessive use of force against demonstrators.
E/CN. 4/1994/7
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537. The Special Rapporteur was further informed that impunity continued to be
the general rule in cases of violations of human rights. Almost without
exception, members of the security forces and other forces acting with their
acquiescence were reportedly not asked to account for their actions. In
July 1992 a report on 120 cases of death in police custody under suspicious
circumstances by Dr. Jonathan Gluckman, a leading South African pathologist,
was issued by the Commission of Inquiry regarding the Prevention of Public
Violence and Intimidation, chaired by Justice Goldstone, seized documents
revealing that the Chief of Staff of Military Intelligence had authorized
the operations of a task force aimed at destabilizing the ANC. With
regard to Dr. Gluckman's report, the authorities were said to have refused
to acknowledge the seriousness of the alarming death rate amongst
uncharged detainees in policy custody or the opening of an independent
judicial investigation. In November 1992, the Government enacted the
Further Indemnity Act which was said to grant impunity to human rights
violators. On 19 December 1992, the South African President reportedly
announced that he had ordered the suspension from duty or early retirement
of 23 military officers for alleged involvement in illegal activities,
including murder. However, it was reported that key senior officers
implicated in assassinations of government opponents and covert operations
against the opposition retained their posts.
538. The Special Rapporteur was invited by the ad hoc Working Group of Experts
on Southern Africa to participate as an observer in the field mission to the
front-line States Botswana and Zimbabwe in August 1993. During this mission,
the Special Rapporteur had the opportunity to meet with representatives of
South African non-governmental organizations as well as with witnesses, and to
exchange views with the Working Group on issues of common concern.
Communications sent
539. The Special Rapporteur transmitted to the Government of South Africa
allegations he had received concerning violations of the right to life
of 60 persons, including 2 minors and 2 women; 15 cases reportedly involved
violations of the right to freedom of opinion and expression, peaceful
assembly and association.
540. The Special Rapporteur sent 14 urgent appeals to the Government of
South Africa by which he expressed concern for the life and physical integrity
of the following persons:
(a) ANC members and leaders: Siza Rani (22 December 1993);
Chris Khoza, after the killing of Eheki Maseko (30 April 1993) ; Malose Lehobye
(10 June 1993); Godfrey Maseko and Mkhanyisi Dlomo (11 August 1993);
(b) Leaders or members of students associations:
Solomon (Solly) Bokaba and Gloria Sekamoeng (2 June and 17 August 1993);
students in the so-called “homeland” of Bophutatswana, after violent acts by
the SAP, including the killing of David Letsile (aged 14) (1 September 1993);
(c) Trade unions officials Eheki Ntuli, Willie Mchunu, Enoch Nzuza and
Mike Mabuyakhulu (10 February 1993) ;
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(d) Two persons scheduled to be executed after an allegedly unfair
trial: Frans Netshirombeni and Wilson Nelukalo (28 May 1993);
(e) Patrick Huma, human rights lawyer (16 December 1993) ;
Sipho Mthiyane and Lucky Mthiyane, after attacks by armed men allegedly
linked to the security forces (2 July 1993); Johnson Mpukumpa, after the
killing of Eric Hewu and Super Nkatazo (13 July 1993) ; Louis Sibeko,
last surviving member of the Thokoza Civic Association, who had provided
information to the Goldstone Commission, and Lucky Seepe (17 August 1993); as
well as Ronnie Mjoli and Boysie Mpofana, after the killing of Wellington Mbili
in SAP custody (18 October 1993) .
541. The Special Rapporteur also transmitted to the Government of South Africa
allegations he had received concerning the extrajudicial killings of:
Bernard Sekhube Mushi, allegedly shot at close range by members of the SAF,
and David Mokgalaka, reportedly tortured and shot dead in the custody of the
SAP. No charges were said to have been brought against the policemen
responsible for his death.
542. The Special Rapporteur also sent a letter to the Government of
South African by which he requested to be provided with information on the
problem of impunity in South Africa. In particular, he referred to the
Further Indemnity Act and reports received from the source of allegations
concerning the massacres of 28 unarmed demonstrators in Ciskei in
September 1992 (E/cN.4/1993/46, para. 525), according to which no steps had
been taken by the authorities to investigate the incident and bring to justice
those responsible.
Communications received
543. The Government of South Africa replied to the Special Rapporteur's first
urgent appeal concerning the case of Siza Rani (see E/cN.4/1993/46, para. 526)
and informed him that the allegations transmitted were unfounded since that
person had not filed any complaints about death threats. The SAP had no
knowledge of an attack on Siza Rani's house. Mr. Rani was interviewed by the
police in order to locate the suspect of an armed attack. The SAP was totally
unbiased and its actions were conducted impartially (26 March 1993) .
544. The Government also provided a reply concerning the urgent appeal sent by
the Special Rapporteur on 2 July 1993 concerning the case of Sipho Mthiyane
and Lucky Mthiyane, reportedly shot and stabbed with impunity by a person
believed to be a member of the police. Those two persons had reported being
assaulted. JII immediate investigation launched by the police had lead to the
identification of a suspect, the warrant for whose arrest would be executed as
soon as he was traced (10 November 1993) .
Observations
545. With regard to the reply received from the Government of South Africa in
response to his urgent appeal of 2 July 1993, the Special Rapporteur notes
with satisfaction that the Government used the reply form provided for that
purpose. However, the Special Rapporteur is concerned at the small number of
reported investigations into allegations of violations of the right to life,
E/CN. 4/1994/7
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and at persistent reports of impunity enjoyed by those responsible for such
violations. It is also disturbing that few measures appear to have been
adopted to stop and prevent the recurrence of killings, and to fight the
deeply rooted violence existing in the country, in particular inter-communal
violence. The Special Rapporteur calls upon the Government of South Africa to
adopt measures with a view to complying with its obligation under
international law to investigate human rights violations, bring to justice
their perpetrators and grant compensation to the victims.
546. The Special Rapporteur hopes that the mechanisms of the United Nations
which will assist South Africa during its transitional period will address the
question of inter-communal violence and will assist the reforms of the police
and the judiciary.
Sri Lanka
547. The Special Rapporteur received reports indicating that human rights
violations, including extrajudicial, summary or arbitrary executions, continue
to occur in Sri Lanka.
548. The military conflict between government troops and the Liberation
Tigers of Tamil Eelam (LTTE) was said to have continued, particularly
on the Jaffna peninsula and in the Mannar and Vavuniya districts. The
Special Rapporteur received numerous reports about civilian casualties as a
consequence of counter-insurgency operations carried out by the Sri Lankan
Armed Forces. Despite assurances allegedly made by the authorities that air
attacks were directed only against LTTE bases and camps, many civilians were
said to have been killed during large-scale aerial bombardments by the
Sri Lankan Air Force as well as naval strafing and shelling from military
bases.
549. During the forty-ninth session of the Commission on Human Rights in
February 1993, the head of the Sri Lankan delegation reiterated an invitation
to the Special Rapporteur to carry out an on-site visit to Sri Lanka.
Communications sent
550. The Special Rapporteur transmitted to the Government of Sri Lanka
allegations he had received concerning violations of the right to life of more
than 110 persons, including 19 minors and 8 women.
551. The Special Rapporteur sent an urgent appeal to the Government of
Sri Lanka in response to reports expressing fear for the life and physical
integrity of Tharmalingam Selvakumar, who had allegedly received death threats
after filing a complaint with the Supreme Court of Sri Lanka in which he
protested about torture and ill-treatment during police detention
(27 April 1993) .
552. The Special Rapporteur transmitted to the Government of Sri Lanka the
cases of more than 100 civilians who were said to have been killed during
indiscriminate army attacks on residential areas (all names are available with
the secretariat) . These attacks were reportedly launched from army bases with
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support from aeroplanes and helicopters. Several persons were killed at sea,
when their boats were allegedly intercepted by the Sri Lankan Navy.
553. Nineteen minors were said to have been killed in these attacks. Their
names have been reported as follows: Swakumar Ponnuthurai (15); Chandran
Ponnuthurai (10); Yoganathan Yoganari (12) ; Yoganathan Rajanimalar (3);
Sasikumar Thangarasa (17); Rangithkumar Thangarasa (15); 5. Nanthan (12) ;
S. Suganthan (10); 5. Subagini (7); Nandakumar (9); Charles Robinson (11);
Sarvily (daughter of Nagamuttu Thamrirasa) (10) ; Jeyasuthanage (son of
Johnson Saraswathy) (10) ; Sri Nanthagopal (son of Nanniyar Nagamuttu) (10) ;
Sebastian George Marcel (17); Sivanantham Suthaharan (12) ; Sathiyaseelan
Robinson (13); Ligoury James (16) ; and Yogatharsan (16) .
Communications received
554. The Government of Sri Lanka provided the Special Rapporteur with a reply
to the urgent appeal on behalf of Tharmalingam Selvakumar, informing him that
he had indeed filed a complaint with the Supreme Court alleging violation of
his fundamental rights. The date for the hearing of the case was fixed
for 25 February 1994. However, although Mr. Selvakumar filed further
affidavits in June and July 1993, he did not mention that he had been
threatened. Any complaints about death threats would undoubtedly have been
inquired into (12 November 1993) .
Follow-up
555. The Special Rapporteur sent a follow-up letter to the Government of
Sri Lanka in which he referred to a reply received from the authorities
in 1992 concerning the killing of 130 villagers in Alanchipothana, Karapola
and Muthugal in April 1992 (see E/CN.4/1993/46, paras. 539 and 543) . The
Government informed him that a committee chaired by a retired judge of the
Supreme Court had been appointed to inquire into these killings. The Special
Rapporteur requested to be informed about the progress of the investigations.
He also asked the Government to provide him with detailed information about
the working of the committee, in particular the legal basis for its inquiries,
the procedures followed, its relations with other, judicial or administrative,
investigations, etc.
Observations
556. The Special Rapporteur appreciates the willingness to cooperate
shown by the Government of Sri Lanka in providing him with replies to cases
transmitted in 1992 and the urgent appeal sent in 1993. He would also like
to thank the authorities for the invitation to visit Sri Lanka. The Special
Rapporteur envisages carrying out this visit after the elections scheduled
for April 1994, at a date to be fixed in consultation with the Sri Lankan
authorities. In the meantime, the Special Rapporteur continues to monitor
the situation of the right to life in Sri Lanka, in particular with
regard to areas of concern such as the reported killings of civilians
during counter-insurgency operations. The Special Rapporteur calls upon
the Sri Lankan authorities to take steps with a view to the prevention of
civilian casualties.
E/CN. 4/1994/7
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Sudan
557. The Special Rapporteur received a number of reports of a general nature
concerning numerous and grave violations of the right to life in the Sudan,
committed both by government forces and by the different factions of the Sudan
People's Liberation Army (SPLA) .
558. The recent interim report of the Special Rapporteur on the situation
of human rights in the Sudan to the General Assembly (A/48/601) contained
information concerning the following questions related to the right to life in
the Sudan. As a consequence of the alleged killing of hundreds of civilians
and army officers following an SPLIA attack on Juba in June and July 1992
(see E/CN.4/1993/46) an investigation committee was established in
November 1992 but so far no sentences have been pronounced by the special
military courts set up to deal with the perpetrators of the killings. The
fate of 230 individuals who were reportedly arrested in Juba between June and
August 1992 remains unknown, and it is feared that many of them had been
extrajudicially or summarily executed. According to reliable information
gathered by the Special Rapporteur on the situation of human rights in the
Sudan, the practice of extrajudicial killings, summary executions, arbitrary
arrests and detention without trial continued during 1993 in Juba and in
surrounding villages under the control of the Government.
559. The interim report of the Special Rapporteur also contained information
concerning indiscriminate and deliberate aerial bombardments by government
forces on civilian targets, for example camps for displaced persons, in the
SPLA-controlled areas. It was further reported that joint forces of so-called
Arab militias and the official paramilitary Popular Defence Forces (PDF) had
allegedly killed hundreds of civilians along the railway tracks between
Babanusa and Wau - Northern Bahr Al-Ghazal - in February/March 1993 and in
July/August 1993. With regard to the situation of human rights in the Nuba
mountains, it was reported that grave violations of the right to life were
committed by the Sudanese Army and the paramilitary forces under its control.
560. According to reports forwarded by non-governmental sources, the
government forces and rival factions of the SPLA had created a humanitarian
disaster by waging war on villagers and herders. The displacement of millions
of people and the killing of thousands of civilians have not been by-products
of the conflict but a tactic integral to it. The flagrant violations of human
rights standards and of the principles protecting civilians in times of
conflict have created famine and dependency on food relief in many areas
affected by war. Hundreds of thousands of people have lost their lives
through illness, food shortage or deliberate assault.
Communications sent
561. The Special Rapporteur sent one urgent appeal to the Government of
the Sudan in response to reports expressing fears for the life and physical
integrity of four retired military officers, Col. Mustafa Ahmed El Tai,
Col. Mohamed Hassan Osman, Col. Mohamed El Hassan Osman El Zubeir and
Lt. El Tayeb Nour El Dayem Mohamed, as well as six civilians, Mubark Mohamed
Abdalla Gadane, Dr. Jaf far Yassin Ahmed, Osman Mahmoud Ali Gumma, El Tarafi El
Taher Fadul, El Hassan Ahmed Saleh Mohamed and Yasir Abu Zeid Ahmed Abu Zeid,
E/cN. 4/1994/7
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arrested in April 1993 after an announcement by the Sudanese Government that a
coup d'etat had been aborted before it had taken place. They were said to
have been shown on television, handcuffed and shackled, and bearing signs of
severe torture (30 April 1993) .
Communications received
562. The Government of the Sudan provided the Special Rapporteur with
information in reply to an urgent appeal concerning fears for the life of at
least 135 civil servants, politicians and community leaders from Upper Nile
State, most of them from the Nuer ethnic group, who had reportedly been
arrested in Malakal in late October 1992 and held by military intelligence or
in incommunicado detention by State Security (see E/CN.4/1993/46, para. 552) .
563. The Government reported that in mid-October 1992 Malakal had been
attacked by the “Kejor” anti-government rebels, apparently in collaboration
with a group of persons within the town itself. Some arrests were
subsequently made, and the persons concerned were well treated. After proper
investigations some were released and others were to be prosecuted before an
ordinary criminal court, with the full right to legal representation in open
court. Some of the persons mentioned in the urgent appeal had never been
arrested (21 December 1992) .
564. In addition, the Government provided the Special Rapporteur with
the following information in reply to his urgent appeal of 30 April 1993:
Dr. Jaffar Yassin Ahmed, El Tarafi El Taher Fadul and Osman Mahmoud Ali Gumma
were arrested by the competent Sudanese authorities on charges of attempting
to bomb essential economic projects. Judicial proceedings had started. They
were being held in Madni prison, where they could be visited by lawyers and
relatives. All other rights were also fully guaranteed (25 October 1993) .
Observations
565. The Special Rapporteur wishes to express his appreciation of the
willingness to cooperate shown by the Sudanese authorities. However, he
does wish to point out the problems encountered in dealing with situations
such as the one in the Sudan. The vast majority of the allegations brought to
his attention concern violations affecting prominent personalities in cities
whereas the gravest violations are said to occur in remote regions and concern
ordinary people.
566. The Special Rapporteur is deeply concerned at the scale of the reported
violations of the right to life in the Sudan, especially in the southern part
of the country, both at the hands of the government security forces and of the
different factions of the SPLA. He therefore appeals to all parties to the
conflict to respect at least the most basic human rights of the civilian
population, in accordance with the provisions of the Geneva Conventions
of 1949.
E/CN. 4/1994/7
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Sweden
Communications sent
567. The Special Rapporteur sent an urgent appeal to the Government of Sweden
after being informed about the imminent repatriation of M6nica Castillo P ez
to Peru, where her life and physical integrity were feared to be at risk,
after her application for asylum had been rejected by the Swedish authorities
(18 June 1993) . A second urgent communication was sent to the Government of
Sweden on her behalf, after the Special Rapporteur received reports that she
had been taken into custody at a centre near Stockholm airport, reportedly in
preparation for her deportation (19 August 1993) .
Communications received
568. In its reply to his first urgent appeal, the Government of Sweden
informed the Special Rapporteur that the European Commission on Human Rights
had examined the case of M6nica Castillo P ez and declared it inadmissible on
the grounds of its being manifestly ill-founded. The European Commission had
also stated that the Swedish authorities had examined the case carefully. The
Government of Sweden also informed the Special Rapporteur that, according to
recent information available to the Government, there was no reason to believe
that asylum seekers deported from Sweden to Peru would be at risk of torture
or persecution (2 July 1993) .
569. The Government also replied to the Special Rapporteur's second
urgent appeal on behalf of M6nica Castillo P ez, informing him that
on 21 August 1993, the expulsion order was carried out in accordance with the
government's decision of 1 October 1992 and that Ms. Castillo P ez left for
Lima via Amsterdam. Upon her arrival in Amsterdam, she applied for asylum in
the Netherlands. The Government further reported that M6nica Castillo P ez
had been detained in order to prevent her from going into hiding in Sweden.
New requests for a residence permit lodged after her detention were rejected
since they did not adduce new elements, as was a petition to the Government
to quash the expulsion order as an act of mercy, since the legal provision
invoked by Ms. Castillo P ez did not apply to her case (14 September 1993) .
Observations
570. The Special Rapporteur highly appreciates the prompt and detailed manner
in which the Swedish authorities provided him with replies to his urgent
appeals and will continue monitoring any developments in this case.
Syrian Arab Republic
Communications sent
571. The Special Rapporteur transmitted to the Government of the Syrian Arab
Republic allegations he had received concerning the execution on 20 May 1993
of the death sentence imposed upon ‘Ali Mahmud Qasim, Farid Mahmud al-Jabri,
Qahraman Jamhir Muhammad, Muhammad Amin Bin Muhammad and Ahmad Varhan Sakfan,
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who had been found guilty of setting fire to a prison in March 1993, causing
the death of 57 inmates. Fears were expressed that the trial procedures did
not conform to international fair trial standards.
Communications received
572. The Government of the Syrian Arab Republic replied that the five
above-mentioned persons were sentenced to death and executed after a trial
before a military court, established pursuant to legislation providing for
exceptional courts, after having been convicted of multiple crimes including
murder. Three other accused persons were sentenced to life imprisonment.
Members of the prison police were also tried (25 October 1993) .
Observations
573. The Special Rapporteur appreciates the willingness to cooperate
shown by the Government of the Syrian Arab Republic in providing this reply.
However, no details were provided as to due process guarantees enjoyed by
the defendants. The Special Rapporteur remains concerned that the short
duration of the proceedings - only two months elapsed between the time of the
crime and the execution of the death sentences - may not have given them full
possibilities to exercise their rights to an adequate defence and appeal.
Taj ikistan
574. The Special Rapporteur received reports expressing concern at violations
of the right to life in the context of the armed conflict between forces
loyal to the Government and armed opposition forces. Since the eruption of
factional violence in May 1992, up to 20,000 people are said to have lost
their lives.
575. It was reported to the Special Rapporteur that since the entry into
Dushanbe of forces subordinate to the Government in December 1992, unarmed
civilians have been victims of extrajudicial executions by law enforcement
officials. Many of these killings were said to have followed checks of
identity papers on the streets or at the airport as well as during
house-to-house checks. The victims were then allegedly executed on the spot.
Persons originating from the Garm region or the Pamir mountains were said to
be the main target group. Reportedly, law enforcement officials had been
authorized to execute people summarily. Several public statements by
government officials allegedly confirmed this “shoot-to-kill” policy. In
addition, it has been alleged that many of the bodies of those killed by the
security forces which had been found in the city morgue of Dushanbe showed
evidence of lethal torture, such as partial skinning or burning to death.
Communications sent
576. The Special Rapporteur transmitted to the Government of Tajikistan
allegations he had received concerning violations of the right to life of
more than 22 persons, including 1 minor and 1 woman.
577. The Special Rapporteur sent an urgent appeal to the Government of
Tajikistan expressing concern at reports of the killing, in late 1992, of
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scores of unarmed civilians from the Pamir and Garm regions, who were
suspected by government forces of supporting the opposition. The victims
included Musa Isa, leader of an opposition movement and originating from the
Pamir region, and journalists Akhmed Shakh Kamil, Mubarak Shakhov Khushbakht
and “Sultan” (13 January 1993) .
578. The Special Rapporteur also addressed an urgent appeal to the Government
of Tajikistan after receiving information about the imminent execution of
mullah Adzhik Aliyev, who was said to have been sentenced to death after a
trial in which he allegedly did not benefit from the right to an adequate
defence (1 September 1993) . The Special Rapporteur sent a second urgent
appeal to the Government of Tajikistan after receiving additional information
alleging irregularities in the trial procedures, in particular as concerns
witnesses' testimony. Furthermore, it was reported that, since capital cases
are being heard by the Supreme Court of Tajikistan as the court of first
instance and the only possible remedy against a death sentence is judicial
review by the same court, the right to appeal was not fully guaranteed
(19 October 1993) .
579. The Special Rapporteur also transmitted to the Government of Tajikistan
allegations concerning the extrajudicial, summary or arbitrary execution by
security forces or groups cooperating with them of the following persons:
Muso Isoyev; Shogunbek Davlatmirov; 7 members of the Rizvonov family,
including a 4-year-old child and an 80-year-old grandmother, as well
as 4 refugees who were staying in their house; Mukhatabtsho Abdulnazarov,
Amirsho Khovarshoyev, Asilsho Khovarshoyev and 7 other, non-identified
persons.
Communications received
580. At the time of the preparation of the present report, no communications
had been received from the Government of Tajikistan.
Observations
581. The Special Rapporteur wishes to express deep concern at the alarmingly
high numbers of civilian casualties reported as a result of the armed conflict
in Tajikistan. The lack of full fair trial guarantees in trials leading to
capital punishment and the fact that such cases are being judged by the
Supreme Court of Tajikistan as court of first instance are also disturbing.
In the light of the gravity of the violations of the right to life that have
come before him in 1993, the Special Rapporteur has decided to request the
Government of Tajikistan to invite him to carry out a visit to this country
with a view to being in a better position to evaluate the situation and
contributing, through recommendations, to an increased protection of the
right to life in Tajikistan.
E/cN. 4/1994/7
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The Former Yugoslav Republic of Macedonia
Communications sent
582. The Special Rapporteur sent an urgent appeal to the Government of the
Former Yugoslav Republic of Macedonia after being informed that refugees of
Albanian origin were being repatriated from that country to the Federal
Republic of Yugoslavia. In the light of continuing reports of human rights
violations, including deaths in custody, of Albanians in the Federal Republic
of Yugoslavia, and particularly in Kosovo, the Special Rapporteur appealed
to the authorities of The Former Yugoslav Republic of Macedonia to refrain
from repatriating these refugees unless their safety could be assured
(21 September 1993) .
Communications received
583. At the time of the preparation of the present report, no communications
had been received from the Government of The Former Yugoslav Republic of
Macedonia.
Togo
584. The Special Rapporteur continued to receive an increasingly large
number of allegations of extrajudicial executions, death threats or acts of
harassment and intimidation by members of the Togolese security forces against
members of the legal political opposition, as well as abuse of force against
peaceful demonstrators.
585. It was reported that political instability and violence had intensified
following the National Conference in 1991, when transitional arrangements were
made to lead to legislative and presidential elections. Rivalry between the
head of State President Gnassingb Eyad ma, backed by the Togolese Armed
Forces (FAT) , and the opposition reportedly increased. The victims of human
rights violations were generally said to be targeted because of their ethnic
origin and political views. The Special Rapporteur received a number of
reports referring to alleged extrajudicial executions by members of the FAT
in the context of an attack against the barracks of the Togolese Combined
Regiments (RIT), in Lom on 25 March 1993. Extrajudicial executions were
also said to have been carried out at a shooting-range in the suburbs of
the capital.
586. The Special Rapporteur was further informed that impunity continued to be
the general rule in cases of violations of human rights. In this context, it
was alleged that the security forces had repeatedly committed human rights
violations, if not on instruction, at least in the confidence that they would
not face prosecution. In fact, in the vast majority of cases, members of the
security forces and other forces acting with their acquiescence were
reportedly not asked to account for their actions.
E/CN. 4/1994/7
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Communications sent
587. The Special Rapporteur transmitted to the Government of Togo allegations
he had received concerning violations of the right to life of 43 persons,
including 3 minors; 18 cases reportedly involved violations of the right to
freedom of opinion and expression, peaceful assembly and association.
588. The Special Rapporteur sent 3 urgent appeals to the Government of
Togo by which he expressed concern for the life and physical integrity of:
Nebeyu Shone, Eug ne Akpemado and other staff of the FOPADESC, a branch of the
World Confederation of Labour, after attacks by armed men (12 January 1993) ;
several persons, including 2 members of the armed forces named Lawson and
Commander Foudoumi, arrested on charges of having participated in an attack
against the RIT on 25 March 1993, after the alleged extrajudicial killing
by members of the FAT of 13 persons, including 3 minors (names with the
Secretariat) (2 April 1993) ; Koujou Agbolossou and Missiagbeto, both soldiers,
reportedly arrested following the 25 March attack and Dobli Omorou Odanou and
Dobli Dermane Odanou, allegedly arrested by the gendarmerie because their
children were distributing leaflets (14 May 1993) .
589. The Special Rapporteur also transmitted to the Government of Togo the
following specific cases: Edoh Komi Sewoul and at least 18 others (names with
the Secretariat), who reportedly died at the Blitta police station during the
night of 26 to 27 August 1993. The victims were among a group of 40 suspected
members of opposition parties who were arrested and placed in a cell designed
for 5. They reportedly died as a consequence of ill-treatment or suffocated;
Boudjakine Bidjakiwe and Bonjal, members of an opposition party, who were
reportedly shot at point-blank range by soldiers on the orders of a village
chief.
Communications received
590. The Government of Togo, through its Ministry for Human Rights, replied
to the Special Rapporteur's first urgent appeal concerning the case of
the FOPADESC staff, indicating that during the night of 31 December 1992
to 1 January 1993, there had been attacks by unidentified individuals against
many buildings, including that of FOPADESC. Following those incidents, the
Government had worked to restore peace and security in the country
(12 October 1993) .
591. The Government of Togo also replied to his urgent appeal of 14 May 1993,
informing him that a judicial inquiry had been opened in order to establish
the responsibility of the persons concerned. Their conditions of detention
respected human dignity (11 October 1993) .
Observations
592. With regard to the reply received from the Government of Togo in response
to his urgent appeal of 12 January 1993, the Special Rapporteur wishes to note
that no information was provided regarding any investigations concerning the
identity of the persons responsible for the attacks. The Special Rapporteur
also notes that no reply was received regarding the grave allegations
E/cN. 4/1994/7
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concerning both the case of the persons extrajudicially killed following the
attack of 25 March 1993 against the RIT barracks, and the death in custody of
at least 19 persons in the police station at Blitta.
593. The Special Rapporteur notes with regret that human rights mechanisms,
such as the Ministry for Human Rights, seem to have a limited impact on the
investigations and prosecutions that should take place concerning the grave
allegations of violations of the right to life in Togo that continue to
reach him. On the contrary, according to all information at the Special
Rapporteur's disposal, the alleged perpetrators of human rights violations
continue to enjoy impunity. It appears that the Togolese Armed Forces are not
under the control of the civilian authorities. The Special Rapporteur urges
the Government of Togo to adopt effective measures to investigate past human
rights abuses and bring those responsible to justice, and to prevent further
violations of the right to life, in particular in view of the forthcoming
electoral campaigns.
Turkey
594. According to the information that has come before the Special Rapporteur,
human rights violations, including extrajudicial, summary or arbitrary
executions, continue to occur in Turkey in the context of the armed conflict
between government security forces and guerrillas of the Partiya Karkeren
Kurdistan (Kurdish Workers' Party, PKK) in the south-eastern parts of Turkey.
595. Since 1984, this conflict has said to have cost more than 6,000 lives
on both sides and among the civilian population. Both government forces and
the guerrillas are said to be responsible for serious human rights abuses.
Between March and June 1993, the human rights situation reportedly improved
significantly after the PKK declared a unilateral cease-fire, although their
forces were not withdrawn and government forces continued their operations.
During the course of the cease-fire, killings of civilians by village guards
and of alleged informers by the PKK were said to have virtually ceased, while
assassinations of opponents of the Government also halted. After a PKK attack
on a convoy of unarmed soldiers travelling in civilian clothes which caused
the death of 32 soldiers and 4 civilians, however, the cease-fire ended.
Government forces allegedly responded with large-scale military operations
covering the entire region. Fears have been expressed that this might lead to
a renewed escalation of violence, entailing extrajudicial executions of
suspected members or supporters of the PKK and killings of civilians who do
not participate in the conflict.
596. The Special Rapporteur received numerous reports expressing concern at
security raids carried out by soldiers in cooperation with special teams and
village guards. Villagers who refuse to join these - theoretically
voluntary - self-defence arrangements were often said to be suspected of
supporting the guerrillas. Those who served as village guards, on the other
hand, were often subject to reprisals from the PKK for cooperating with the
security forces.
597. The Special Rapporteur also continued to receive reports about deaths in
custody as a result of torture and ill-treatment. Often, such cases were said
to occur after villagers are arrested and taken away during security raids
E/CN. 4/1994/7
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against villages. Concern was expressed at the fact that by taking people
into their custody for interrogation village guards exceed their authority to
engage in legitimate self-defence activities. It was persistently alleged
that those responsible for extrajudicial killings and torture, whether members
of the State security forces or village guards, were not brought to justice.
Only in a few cases were disciplinary measures said to be taken against them
and sanctions, if imposed at all, were reportedly very light.
598. Members of political opposition parties, human rights activists and
journalists working for newspapers which oppose government policy in the
south-east of Turkey were also reported to be victims of death threats and
extrajudicial killings. Collaborators of the journal Ozgur Gi ndem were
particularly often said to be victims of attacks against their lives. In some
cases, the security forces were said to be responsible, in others they were
said to collude with or protect those responsible for the killings.
Communications sent
599. The Special Rapporteur transmitted to the Government of Turkey
allegations he had received concerning the violation of the right to
life of more than 102 persons. In 6 cases, the victims were said to be
minors; 7 cases concerned women. It was alleged that 36 cases constituted
violations of the right to freedom of expression and opinion, peaceful
assembly and association.
600. The Special Rapporteur sent nine urgent appeals to the Government of
Turkey after being informed of fear for the lives of: Ahmet Akkun and 10
other people reportedly abducted by security forces, after the abduction and
subsequent killing, also by security forces, of Mehmet Akan and Mehmet Akkum
(18 December 1992) ; Fevzi Veznedaroglu, human rights lawyer and chairman of
the Diyarbakir branch of the Human Rights Association, after repeated death
threats (20 January 1993); human rights lawyer Metin Can and Dr. Hasan Kaya
(26 February 1993); Fatma Can, wife of Metin Can (27 April 1993); Esref Yasa,
owner of a newspaper kiosk in Diyarbakir, after the killing of his uncle
Hasim Yasa (17 June 1993); Hafiz Uzun, representative of the People's Labour
Party (HEP) and of the human rights association IHD in Lice (2 July 1993);
Tacettin Demir, Diyadin correspondent for Ozgur GiIIdem , after being detained
by security forces (26 July 1993) .
601. The Special Rapporteur also sent urgent appeals after receiving
reports expressing fear for the lives and physical integrity of the members
of 13 Assyrian Christian families, who were said not to receive any protection
from the security forces (24 September 1993) ; and of Leyla Zana and 15 other
Members of Parliament for the Democracy Party (DEP) as well as nine human
rights activists after repeated death threats against them and the killing of
DEP Member of Parliament Mehmet Sincar (24 September 1993) .
602. Furthermore, the Special Rapporteur addressed an urgent communication to
the Turkish authorities after being informed about the imminent repatriation
of Hassanzadeh Afshar Mohammad Reza, an Iranian national, whose life was said
to be at serious risk if he were to be returned to the Islamic Republic of
Iran (4 May 1993) .
E/cN. 4/1994/7
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603. The Special Rapporteur also transmitted to the Government of Turkey the
following cases of alleged extrajudicial, summary or arbitratry executions:
(a) Journalists Namik Taranci; Kemal Kilic; Ferhat Tepe; Aysel Malkac;
Halit Kapcak; and taxi-driver Halil Adanin, allegedly for distributing
Ozgur Gi ndem ;
(b) During raids on villages by village guards in cooperation with
members of the security forces: Ibrahim Dilek; Mustaf a Dogan; Yusuf Cakar;
Seydo Ceviren, Bahriye Ceviren, Ahmet Ceviren, Yusuf Ceyiren, Necat Arizi and
one unidentified person; a three-year-old child killed by the explosion of a
hand-grenade in Ormanici;
(c) By security forces: Saban Budakm, Mehmet Bulut and Kasim Bulut;
(d) While in the custody of the security forces, allegedly after
torture: Ramazan Altunsoz; Remzi Basalak; Veysi Kaymaz; 2IIdi lessim Orak;
Ramazan Sat; Tahir Saday;
(e) DEP Member of Parliament for Mardin Mehmet Sincar and Metin Zdemir,
President of the Batman Section of HEP, by “Kontrgerilla”; Habib Kili 9 ,
leading member of the Batman Section of HEP;
(f) Also by “Kontrgerilla”: Dr. Zeki Tanrikulu, director of Silvan
hospital, after receiving death threats.
(g) During police operations, allegedly as a result of excessive use of
force: Bedir Yagan, Aydin (Ozgi r) Gi rcan, Meral Menekse, Rifat Kasap and
Asiye Fatma Kasap in Istanbul; Gurbet Deniz, Fetullah Akalin, Si leyman Kaplan,
Latif Deniz, Semsettin Evsin and one unidentified person in Nusaybin.
Communications received
604. The Government of Turkey provided the Special Rapporteur with information
on a number of the cases transmitted in 1993. In particular, it was stated
that:
(a) Metin Can and Hasan Kaya had been found dead under a bridge near
Tunceli. Investigations had been opened by the competent authorities in
Tunceli. In conformity with the Code of Criminal Procedure, however, the
pertinent documents could only be consulted by the defence of those accused
(9 April 1993 and 19 May 1993) ;
(b) Hassanzadeh Afshar Mohammad Reza had applied for permission to
remain lawfully in Turkey in order to subsequently move to a third country.
The competent Turkish authorities granted this permission for three months so
that he could obtain, in the meantime, a visa for another country
(11 January and 24 May 1993);
(c) Fevzi Veznedaroglu had not filed any complaint against the police
officers allegedly threatening him, either with the prosecutor's office of
Diyarbakir or the prefect. However, a detained member of the PKK had stated
that the PKK planned to assassinate Fevzi Veznedaroglu and other personalities
E/CN. 4/1994/7
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in a way that their killings would be perceived as having been committed by
the security forces. Whereas two others were immediately warned by the
security forces, Mr. Veznedaroglu could not be reached as he was abroad, but
was advised through a colleague to contact the Security Directorate upon his
return (24 May 1993) .
(d) Hafiz Uzun had been arrested and brought before the Diyarbakir
State Security Court, which acquitted him of charges of having offered
assistance and shelter to terrorists. While detained at Diyarbakir prison,
he had lodged a complaint alleging that the Commander of the Lice County
Gendarmerie Unit had threatened to kill him. Investigations had been opened
into these allegations. No other complaints had been filed by Hafiz Uzun
(14 October 1993) .
(e) Bedri Yagan et al. had been killed by security forces attempting to
capture them. An investigation resulted in the eight security officers
involved in the operation being charged with manslaughter (4 November 1993) .
(f) Si leyman Kaplan et al., all members of the PKK, had fired on
security forces, who had appealed to them to surrender, and lost their lives
in the ensuing skirmish. An investigation to determine whether the security
forces had committed any errors during the operation was still under way
(4 November 1993) .
(g) Tacettin Demir had been arrested after an armed attack by the PKK
in Diyadin on 13 July 1993, during which six members of the Ciftci family were
killed. He was released on 21 July 1993 and proceedings against him are under
way (12 November 1993).
(h) Mehmet Sincar and Metin Ozdemir were killed during an armed attack
in Batman on 4 September 1993. One suspect was detained. He declared having
participated in the killing as a guard and identified those who had actually
shot and killed the victims. The suspect was being held in detention and the
other persons were being sought (22 November 1993) ;
(i) Zeki Tanrikulu had been shot and severely injured by unidentified
armed men in Silan on 2 September 1993 and died in hospital shortly after
(22 November 1993) ;
(j) Habib Kili 9 had been killed by unidentified armed persons in Batman
on 2 September 1993. An investigation into the case was under way
(22 November 1993) ;
(k) Ramazan Sat had been shot dead by unidentified persons in the
street at Sanliurfa on 2 July 1992. It was established that he had links with
the PKK. An investigation into the case was under way (22 November 1993) .
605. The Government of Turkey also provided the Special Rapporteur with
three replies containing information on numerous cases transmitted in 1992.
Investigations had been opened and then concluded through a decision of
nonsuit in six of the cases. In over 80 cases, investigations had
been initiated and, by the time of the replies (14 December 1992
and 2 February 1993) , were still under way. With regard to the killings
E/cN. 4/1994/7
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of more than 30 persons, the Government of Turkey informed the Special
Rapporteur that these had been carried out by PKK terrorists whom the
authorities had not yet been able to identify. Furthermore, more
than 50 persons were said to have been killed in armed clashes between
PKK terrorists or unidentified persons and government security forces.
Follow up
606. The Special Rapporteur addressed a follow-up letter to the Government of
Turkey in which he asked for additional information on the following cases,
transmitted both in 1992 and 1993, to which the Turkish authorities had
provided replies:
(a) With regard to the investigations concluded through a decision of
nonsuit, the Special Rapporteur requested details on the exact meaning of such
a decision under Turkish law, as well as on the organs that had carried out
the inquiries, the procedural and substantive norms that apply in such
inquiries and the possibilities for appeal against the decisions taken;
(b) The Special Rapporteur requested updated information on
investigations that had been opened. In a number of cases, the Special
Rapporteur asked for specific details related to the inquiries;
(c) Where the Turkish authorities informed him that the unidentified
killers had been PKK terrorists, the Special Rapporteur inquired about the
elements permitting this to be affirmed, through which inquiries, and by whom
these elements had been obtained;
(d) With regard to deaths which, according to the Government of
Turkey, had resulted from armed confrontations between government forces
and PKK terrorists and, in particular, during the Newroz celebrations (see
E/CN.4/1993/46, para. 610), the Special Rapporteur requested information about
the investigations carried out to identify, in each single case, the authors
of the killings and, in particular, whether ballistic tests had been performed
during such investigations.
607. In the same letter, the Special Rapporteur transmitted to the Government
of Turkey additional information he had received concerning the cases of:
(a) Metin Can and Dr. Hasan Kaya. In particular, it had been stated
that the authorities had not taken any action to determine the whereabouts of
the two men between their disappearance on 21 February 1993 and the discovery
of their bodies on 27 February 1993. In view of these reports and further
allegations that linked the killing of Metin Can and Dr. Hasan Kaya to the
“Kontrgerilla”, in collaboration with the security forces, the Special
Rapporteur asked the Government of Turkey to provide him with details about
the manner in which the police investigations had been conducted immediately
after their disappearance as well as any other steps taken with a view to
identifying those responsible for the killings;
(b) Fevzi Veznedaroglu. In particular, it had been alleged that the
detainee who stated that the PKK was planning Mr. Veznedaroglu's assassination
had been forced to do so by the security forces. The Special Rapporteur
E/CN. 4/1994/7
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invited the Turkish authorities to provide him with comments on these
allegations and to inform him about the measures adopted to protect the life
and physical integrity of Fevzi Veznedaroglu.
608. In addition, the Special Rapporteur asked the Government of Turkey to
provide him with information on the current status of Hassanzadeh Afshar
Mohammed Reza.
609. During the Special Rapporteur's visit to Geneva in November 1993, he met
with representatives of the Government of Turkey for consultations about
different aspects of his mandate. With regard to a possible visit to Turkey,
he was informed that it was preferable to wait until the authorities had
transmitted to the Special Rapporteur all the information he had requested
concerning allegations.
Observations
610. The Special Rapporteur appreciates the willingness to cooperate shown by
the Government of Turkey in providing him with replies to a number of cases
transmitted both in 1992 and 1993. However, he remains concerned at the
persistent and grave reports of violations of the right to life in the context
of the armed conflict between the government security forces and groups
cooperating them and members of the PKK. The Special Rapporteur is fully
aware of the enormous human and material damage caused by violent attacks
committed by members of the armed opposition and the difficulties faced by the
authorities in protecting the civilian population and curbing such violence.
However, it must be recalled that the right to life is absolute and must not
be derogated from, even under the most difficult or exceptional circumstances.
In this context, the Special Rapporteur calls upon the Government of Turkey to
undertake every effort to ensure full respect for the right to life of both
the civilian population and members of the armed opposition who have been
captured or laid down their arms, in accordance with the international
instruments governing the use of force and firearms by law enforcement
officials. The Special Rapporteur also urges the Turkish authorities to take
effective steps directed at the prevention of human rights abuses by civil
defence groups cooperating with the security forces in fighting the armed
opposition.
611. With regard to cases of alleged deaths in custody, the Special
Rapporteur wishes to refer to the summary account of the results of the
proceedings concerning the inquiry on Turkey by the Committee Against Torture
(A/48/44/Add.1) . The Committee expressed concern at the number and substance
of the allegations of torture it had received, which confirmed the existence
and systematic character of the practice of torture in Turkey. In this
context, the Special Rapporteur calls upon the Turkish authorities to adopt
all necessary measures to ensure that the right to life and physical integrity
of those in custody is fully guaranteed. The Special Rapporteur is also
concerned at persistent allegations that those responsible for violations of
the right to life do so in virtual impunity.
612. With regard to Turkey, the Special Rapporteur continues to find himself
in a position where detailed and numerous allegations received from credible
sources and the information provided by the Turkish authorities in their
E/cN. 4/1994/7
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replies differ considerably. For this reason, and given the gravity of the
allegations received and the fact that similar reports had come before him
repeatedly, the Special Rapporteur had requested the Government of Turkey
in 1992 to consider inviting him to carry out a visit to that country.
However, consultations with the Government have not yielded any results. The
Special Rapporteur wishes to express his continued interest in visiting Turkey
so as to gather first-hand information so as to be in a better position to
evaluate the allegations he receives and to make recommendations aiming at
increased protection of the right to life.
Turkmenistan
Communications sent
613. The Special Rapporteur sent an urgent appeal to the Government of
Turkmenistan after receiving information about the imminent execution of the
death sentence imposed on Yuri Yurevich Ayriyev, after a trial whose
procedures were said to have fallen short of internationally recognized fair
trial standards (1 July 1993) .
Communications received
614. At the time of the preparation of the present report, no communications
had been received from the Government of Turkmenistan.
United Kingdom of Great Britain and Northern Ireland
Communications sent
615. The Special Rapporteur sent an urgent appeal to the Government of the
United Kingdom in response to information received concerning the imminent
repatriation of Karamjit Singh Chahal to India, where his life and physical
integrity were said to be at risk. It was alleged that the deportation
procedure followed in his case did not allow Karamjit Singh Chahal to
effectively challenge possible untruths, inaccuracies or distortions used by
the authorities as the basis for their decision (16 August 1993) .
Communications received
616. The Government of the United Kingdom, in reply to the aforementioned
urgent appeal, reported that Karamjit Singh Chahal was detained pending his
deportation because he represented a substantial threat to national security.
Mr. Chahal had been informed about the reasons for the decision to deport him,
and he had an opportunity to rebut the allegations. The Home Secretary had
sought, and received, assurances from the Indian Government that Mr. Chahal
would be safe from ill-treatment if taken into custody by the Indian
authorities. At the time of the reply, the case was before the Court of
Appeal, awaiting judgement (20 September 1993) .
/CN. 4/1994/7
page 140
Follow-up
617. Before the contents of the reply could be transmitted to the source
of the allegations, the latter provided the Special Rapporteur with
additional information on the case of Karamjit Singh Chahal according to
which, on 22 October 1993, the Court of Appeal dismissed his appeal against
the High Court's ruling of February 1993.
618. The Special Rapporteur addressed a second letter to the Government of the
United Kingdom in which he thanked the authorities for their prompt and
detailed reply to his urgent appeal. He reiterated his concern for the life
and physical integrity of Mr. Chahal in the event of his repatriation to India
and expressed his confidence that the United Kingdom would not return him
unless his safety was guaranteed.
United States of America
619. The Special Rapporteur continued to receive numerous reports indicating
that the practice of capital punishment in the United States of America
did not conform to a number of safeguards and guarantees contained in
international instruments relating to the rights of those facing the death
penalty. In most cases, it was alleged that defendants did not benefit
fully from their right to an adequate defence. A number of cases concerned
death sentences imposed for offences committed when the defendants were
below 18 years of age, or where they were said to be mentally retarded.
Communications sent
620. The Special Rapporteur sent urgent appeals to the Government of the
United States in which he urged the authorities to ensure full respect
for the rights of the following 13 persons facing the death penalty,
including 4 minors:
(a) The following persons were said to have been sentenced to death
after being convicted for crimes they had committed before they were 18;
Gary Graham (21 May 1993 and 29 July 1993); Frederick Lashley (7 July 1993);
Ruben Cantu (29 July 1993) ;
(b) The following persons were said to have been sentenced to death
despite their serious mental retardation: Robert Sawyer (4 March 1993) ;
Bobby Shaw (21 May 1993); John Selvage (28 May 1993); Chuck Lee Mathenia
(3 June 1993); Curtis Harris (11 June 1993); Wayne Bates (12 November 1993);
(c) The following person was said to have been sentenced to death after
trials in which his right to an adequate defence had allegedly not been fully
ensured: James Dean Clark (7 April 1993) ;
(d) The following persons were said to have been sentenced to death
despite strong indications casting doubt on their guilt: Leonel Herrera
(27 April 1993); Walter J. Blair (1 July 1993); and Robert Nelson Drew
(11 October 1993) .
E/cN. 4/1994/7
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621. The Special Rapporteur also addressed an urgent appeal to the Government
of the United States after he received information according to which the
United States Coast Guard had begun the summary forcible repatriation of
Haitian migrants intercepted at sea, without any screening or hearing, and
thus without distinguishing between refugees fleeing persecution in Haiti
and other emigrants. In view of persistent allegations concerning numerous
extrajudicial, summary or arbitrary executions in a climate of total impunity
in Haiti and a resolution by the Inter-American Commission on Human Rights
made public on 17 March 1993, according to which Haitians who were returned
to Haiti by the United States authorities very frequently suffered
persecution at the hands of Haitian authorities, the Special Rapporteur
urged the United States authorities to refrain from forcibly returning Haitian
nationals in all cases where their lives and physical integrity would be in
danger (4 May 1993).
Communications received
622. The Government of the United States provided the Special Rapporteur
with a reply concerning the urgent appeal on behalf of Leonel Herrera
(10 June 1993) , as well as John Selvage, Gary Graham, Chuck Lee Mathenia,
Bobby Shaw, James Dean Clark, Frederick Lashley, Ruben Cantu and Walter Blair
(22 September 1993) . The Government also forwarded replies concerning a
number of urgent appeals in death penalty cases transmitted by the Special
Rapporteur in 1992 (see E/CN.4/1993/46, paras. 625-631), as well as the case
of the extradition to El Salvador of C sar Vielman Joya Martinez (see
E/CN.4/1993/46, para. 632).
623. In its reply to urgent appeals transmitted in 1992, the Government of
the United States provided the Special Rapporteur with detailed information
about United States law concerning the death penalty. In particular, it was
stated that both State and federal law fully ensured fair trial guarantees and
the right to appeal against convictions. In addition to those guarantees,
applicable in all criminal cases, additional protections were provided in
capital cases. These include the obligation of States to provide a bifurcated
process, by which the determination of guilt is separated from the sentencing
process. Death sentences are automatically appealable to the State's highest
court.
624. As regards death sentences imposed on juvenile offenders, the Government
of the United States informed the Special Rapporteur that, when ratifying
the International Covenant on Civil and Political Rights in 1992, the
United States Senate had made an explicit reservation concerning application
of capital punishment to those under the age of 18, noting that the
United States Supreme Court had held that it was not unconstitutional to
execute a defendant who was 16 or 17 years old at the time of the offence.
However, the Government stated that a penalty of death was extremely rare in
cases involving juveniles, and available only when the court had determined to
try the defendants as adults.
625. The United States had expressly accepted the obligation not to execute
pregnant women in its instrument of ratification, and United States courts had
held that the death penalty may not be imposed upon insane persons
(8 February 1993) .
E/CN. 4/1994/7
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626. As concerns the cases transmitted in 1993, the Government of the
United States informed the Special Rapporteur that the defendants were
given the possibility fully to exercise their right to appeal against their
convictions and sentences, both in State and federal courts. They were able
to raise, for judicial review, allegations concerning procedural inadequacies
or lack of fairness during their trials. They were also able to apply for a
stay of execution or commutation of their death sentences (10 June 1993
and 22 September 1993) .
627. With regard to the extradition of C sar Joya Vielman Martinez, the
Government of the United States informed the Special Rapporteur that written
assurances had been received from the highest levels of the Government of
El Salvador that it would provide Mr. Joya Martinez appropriate protection
during his incarceration and trial and permit access to him by both the
International Committee of the Red Cross (ICRC) and the United Nations
Observer Mission in El Salvador (ONUSAL).
Follow-up
628. The Special Rapporteur transmitted the contents of the replies received
from the Government of the United States to the sources of the allegations
for their observations. The sources responded with detailed comments.
Information was received from the source of the allegation that the
following persons on whose behalf urgent appeals had been sent were executed:
James Dean Clark, on 14 April 1993; Walter J. Blair, on 21 July 1993;
Frederick Lashley, on 28 July 1993; Ruben Cantu, on 24 August 1993.
629. The Special Rapporteur sent a letter to the Government of the
United States in which he expressed appreciation for the detailed information
provided by the authorities with regard to legal safeguards for those facing
the death penalty. However, he remains concerned that these safeguards do not
fully conform to the standards set forth by the pertinent international
instruments. The Special Rapporteur conveyed to the authorities his
preoccupation with shortcomings affecting the right to adequate time and
facilities for defence which, in practice, also very much influence the right
to appeal; racial discrimination in the application of capital punishment; and
low standards for the qualification of a defendant as mentally competent.
630. The Special Rapporteur is particularly concerned at the continuing
imposition and execution of death sentences in the case of juvenile offenders,
in clear contravention of the International Covenant on Civil and Political
Rights and a number of other pertinent international instruments. The
Special Rapporteur feels that the fact that the United States has made a
reservation concerning this clause of article 6 of the Covenant indicates
that United States legislation in this area falls short of international
standards. In addition, the United States Supreme Court's recent ruling
whereby a defendant's youth does not in itself constitute a mitigating factor
for the jury when deciding about capital punishment is most disturbing, as is
the fact that, in Texas, a September 1991 statute enabling the jury in capital
cases to consider youth as a mitigating factor is not retroactively applicable
to juvenile offenders who committed their crimes before that date.
E/cN. 4/1994/7
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631. The Special Rapporteur also pointed out that, in a federative structure,
the obligation to ensure full respect for the safeguards and guarantees
protecting the right to life apply to all components of the State.
632. The Special Rapporteur calls upon the Government of the United States to
make its legislation and practice conform to the safeguards and guarantees set
forth in pertinent international instruments. He has notified the authorities
that he would be entirely available for any assistance he might offer in this
regard.
Observations
633. The Special Rapporteur highly appreciates the willingness to cooperate
shown by the authorities of the United States of America in providing
information. He hopes that the dialogue initiated, particularly in relation
to the death penalty, will be continued in the interest of better protection
of the right to life.
634. The Special Rapporteur refers to chapter VI of the present report, which
contains an analysis of the safeguards and guarantees that must be respected
by national legislation and practice in order to conform to the standards
embodied in the pertinent international instruments.
Uzbekistan
Communications sent
635. The Special Rapporteur addressed urgent appeals to the Government
of Uzbekistan after being informed of the fear for the life and physical
integrity of Abdumanob Pulatov, a human rights activist and member of a
political opposition movement, who had allegedly been abducted by members of
the Uzbekistan National Security Services (16 December 1992) .
636. The Special Rapporteur also sent urgent appeals to the Government of
Uzbekistan in response to allegations regarding the imminent execution of
death sentences imposed upon Venera Kasimova and Yashar Khasanov, who were
said to have been convicted on the basis of confessions extracted under
duress. Venera Kasimova allegedly also did not benefit from an adequate
defence (22 June and 19 August 1993) .
Communications received
637. At the time of the preparation of the present report, no communications
had been received from the Government of Uzbekistan.
Venezuela
638. The Special Rapporteur has received a number of reports concerning human
rights violations, including extrajudicial, summary or arbitrary executions,
in the context of demonstrations. As in the past, several deaths were said to
have been caused by arbitrary and excessive use of force by members of the
E/CN. 4/1994/7
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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) .
Communications sent
639. The Special Rapporteur transmitted to the Government of Venezuela
allegations he had received concerning violations of the right to life of more
than 73 persons, including two women. One case reportedly involved a
violation of the right to freedom of opinion and expression, peaceful assembly
and association.
640. The Special Rapporteur sent an urgent appeal to the Government of
Venezuela in response to reports expressing fear for the life and physical
integrity of university student Ivo Rodriguez Escudero, who was allegedly
threatened by members of the DISIP if he did not withdraw complaints filed
against members of the police whom he accused of having tortured him in
November 1992, in the aftermath of student demonstrations (10 March 1993) .
641. The Special Rapporteur also transmitted to the Government of Venezuela
reports concerning the alleged extrajudicial, summary or arbitrary execution
of:
(a) At least 63 prisoners of El Ret n de Catia prison, during an attempt
to escape on 27 November 1992, the day of an attempted coup d'etat , by members
of the PM. Two days after the event, PM and National Guard agents were said
also to have fired indiscriminately upon family members of the prisoners who
had assembled outside the prison, waiting for information;
(b) Ernesto Leal Hern ndez, by members of the PM; Atahualpa Perez and
Johnny Vergara, by members of the security forces; and Clara Ariza, by members
of the National Guard, on 27 November 1992; Virgilio Fernandez, by members of
the National Guard; Enrique Key, by DISIP agents; and Maria Ver6nica Tecsari,
by members of the PM, on the same day;
(c) Wayuu indians Pedro Jose Paz and Nasser Palmar, by DISIP agents
allegedly resorting to excessive use of force.
Communications received
642. The Government of Venezuela provided the Special Rapporteur with
information concerning the urgent appeal sent on behalf of a number of cases
transmitted in 1993:
(a) With regard to the alleged death threats against Ivo Rodriguez
Escudero, the Government reported that investigations had been initiated by
the Public Ministry in Carabobo (26 May 1993) ;
(b) As regards the killings at El Ret n de Catia prison, the Ministry of
Justice forwarded a report indicating that, as a result of a mutiny in the
prison, 46 inmates were killed, 52 others injured and 25 escaped. An
investigation was opened by the Homicide Division of the Judicial Police. The
E/cN. 4/1994/7
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Human Rights Directorate of the Public Ministry also provided a report on the
steps taken by that entity with a view to identifying those killed during the
mutiny and clarifying the cause of their death. The report also described the
requests made by the Public Ministry for a criminal investigation before the
competent court into the events and a series of irregularities within the
prison premises (31 August 1993) ;
(c) With regard to the killings of Ernesto Leal Hern ndez, Atahualpa
Perez Lira and Clara Ariza, the Government of Venezuela reported that judicial
investigations had been opened. On 6 July 1993, an indefinite strike of all
tribunals had started and was continuing as of the date of the reply
(31 August 1993). However, the Public Prosecutor's Office continued to carry
out preliminary investigations.
643. The Government of Venezuela also provided the Special Rapporteur with
information on a number of cases transmitted by him in 1992 for which no reply
had been received during 1992.
(a) As concerns the killings of Romer Figueroa Lizardi, Pedro Jose
V squez and Jose Gregorio Romero tJzc tegui (E/CN.4/1993/46, para. 640),
judicial investigations had been opened against members of the security forces
and were still under way at the time of the reply (31 March 1993) ;
(b) As regards the killings of Darwin Capote Rond6n, Jose Gregorio
Soteldo and Humberto L6pez Arias (E/cN.4/1993/46, para. 643), proceedings
before civilian courts were initiated against two former members of the
Metropolitan Police accused of intentional homicide and undue use of firearms.
The proceedings had reached the sentencing stage when, on 6 July 1993, all
tribunals in the country went on strike (25 August 1993) ;
(c) In the cases of Guadalupe Rivas Columba, Gilberto Peffia Campos,
JIIgel Ruiz and Jose Zerpa Miotta (E/cN.4/1993/46, para. 644 (b)), judicial
investigations were opened before the competent military court. Parliament
also initiated an investigation into the circumstances of their deaths. The
Public Ministry also carried out inquiries with a view to clarifying the
circumstances. Subsequently, a special follow-up commission, composed of
qualified Public Ministry representatives, was created to coordinate the
actions taken before the military courts. With regard to three cases in which
the victims had not been identified (ibid., para. 644 (a)), the Government of
Venezuela reported that investigations were under way. However, the Public
Prosecutor's Office had stated that it was difficult to investigate complaints
concerning victims who had not been identified (31 August 1993) .
644. Furthermore, the Government of Venezuela informed the Special
Rapporteur that Antonio Rios (see E/cN.4/1993/46, para. 641) was held in a
cell completely separated from the other prisoners in El Junquito prison, and
thus without any possibility of contact between him and the person who was
said to have made an attempt against his life (24 August 1993) .
/CN. 4/1994/7
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Follow-up
645. The Special Rapporteur addressed a follow-up letter to the Government
of Venezuela in which he requested information about the progress of the
proceedings in the cases mentioned in the Government's reply of 31 March 1993,
as well as additional details about the inquiries into the alleged death
threats against Ivo Rodriguez Escudero (22 September 1993) . The remaining
replies, although dated late August 1993, were received only after this
follow-up letter was sent to the authorities. They will be the object of
subsequent follow-up correspondence.
Observations
646. The Special Rapporteur highly appreciates the willingness to cooperate
demonstrated by the Government of Venezuela in providing him with information
concerning most of the cases transmitted in 1992 and 1993. However, he wishes
to express concern at the continuing strike of the Venezuelan tribunals and
hopes that the authorities will soon reach a solution that permits the courts
to continue their investigations into alleged cases of extrajudicial, summary
or arbitrary executions.
Yemen
Communications sent
647. The Special Rapporteur sent to the Government of Yemen an urgent appeal
in response to reports about the imminent execution of the death sentence
imposed upon Yabya Naji Muhammad al-Asadi and 24 others (names with the
secretariat) , after trials which were said to have fallen short of
internationally recognized fair trial standards (23 December 1993) .
Communications received
648. The Government of Yemen provided the Special Rapporteur with a reply to
the urgent appeal, informing him that the appeal had been transmitted to the
authorities in Sana'a. The Government further reported that all fair trial
principles mentioned by the Special Rapporteur were enshrined in the Yemeni
justice system and that, in case of death sentences, the Shariah, as codified,
interpreted and applied in Yemen, specified that not only during the trial but
even after sentencing no efforts should be spared to avoid executing a death
sentence (28 December 1993) .
Follow-up
649. The Special Rapporteur addressed a follow-up letter to the Government of
Yemen in which he expressed his appreciation at the willingness to cooperate
shown by the authorities in providing him with the aforementioned reply, and
asked whether any progress had been made with regard to the investigation into
the cases of the 25 persons sentenced to death.
E/cN. 4/1994/7
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Yugoslavia
Communications sent
650. The Special Rapporteur transmitted to the Government of the Federal
Republic of Yugoslavia allegations he had received concerning the
extrajudicial execution by members of the security forces of 11 persons
between November 1991 and August 1992. The victims were said to have been
of Albanian origin. One of them reportedly was an 11-year-old mentally
retarded child: Afrim Prepreza was said to have been beaten to death by
three civilians with a shovel and sticks. The three were not arrested, and
no proceedings against them were said to have been initiated. Bajram Hoxhaj
and two more unidentified persons were allegedly shot dead by police while
taking their children to school. The following persons were allegedly beaten
to death while in police detention: lawyer Mikel Marku; Ali Sahit Haxhiu, a
refugee from Albania; Sami Babaj; Haki Pavataj; Rexhep Tahiri; 70-year-old
Fetah Sokoli; and a man named Haki.
Communications received
651. At the time of the preparation of the present report, no communications
had been received from the Government of the Federal Republic of Yugoslavia.
Observations
652. The Special Rapporteur is concerned at the reports received concerning
violations of the right to life of persons of Albanian origin, particularly in
Kosovo. Most of these reports, however, were general in character and did not
contain specific cases. The Special Rapporteur would like to make reference
to the human rights situation in the Federal Republic of Yugoslavia documented
by the Special Rapporteur on the situation of human rights in former
Yugoslavia in his recent report to the General Assembly and in particular to
the information it contains with respect to excessive use of force by police
against detainees of Albanian origin in Kosovo (see E/cN.4/1994/47,
paras. 166-170 and 189-192) .
Zaire
653. The Special Rapporteur received a number of reports concerning continuing
serious violations of the right to life in the context of the struggle for
power between President Mobutu Sese Seko and opponents. Large-scale human
rights violations were said to have been committed by members of security
forces in a climate of virtual impunity.
654. According to the information received, in the southern province of Shaba,
a politically motivated campaign of ethnic terror instigated by supporters
of President Mobutu was threatening the lives and livelihoods of tens of
thousands of Zairians who have their roots in the neighbouring regions of East
and West Kasai. Several reports indicated that similar acts of violence had
E/CN. 4/1994/7
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occurred against the Kinyarwanda-speaking population (called Banyarwanda) in
the North Kivu region, near the borders with Rwanda and Burundi. The reported
number of deaths was as high as 7,000. In the north-eastern part of the
North Kivu region, government troops were reported to have killed unarmed
civilians and committed gross abuses of human rights in the context of
counter-insurgency operations.
655. Indiscipline and low or no wages in the armed forces were said to be
the basis of a climate of insecurity and a situation where soldiers were
systematically and in total impunity carrying out looting and rapes.
In January 1993, soldiers who had been paid, on President Mobutu's
order, with S-million-zaire notes - had been declared illegal tender by
Prime Minister Tchisekedi - reportedly looted the capital when traders
refused to accept the notes. It was also reported that hundreds of people -
according to some accounts, as many as 1,000 - had been killed during those
incidents.
656. The Special Rapporteur received several reports of politically motivated
violations of the right to life which had allegedly been committed by members
of the security forces loyal to the President. In particular, in was reported
that a new wave of arrests was initiated in late April 1993. Those arrested
were said to include politicians, journalists and trade unionists who had
criticized President Mobutu or were members of the non-violent opposition.
Fear was expressed that they were subjected to torture and ill-treatment when
they were first arrested and held in secret cells. Subsequent extrajudicial
executions were reported. Furthermore, a number of reports indicated that
abuse of force often took place when security forces and, in particular, the
Special Presidential Division (DSP) , had opened fire on crowds of unarmed
demonstrators. Other reported violations of the right to life included death
in detention due to lack of medical attention or starvation.
Communications sent
657. The Special Rapporteur sent five urgent appeals to the Government of
Zaire expressing concern about the lives of: Fran9ois Kandolo, Buana Kabue
(both members of the Comit Laic de Coordination), Jacques Matanda and
Kamanda wa Kamanda (both members of the Haut Conseil de la R publique), whose
name was on a blacklist of persons alleged to be targeted for execution by
members of the security forces (12 January 1993) ; Mikuin Leliel Balanda,
Chairman of the United Nations ad-hoc Working Group of Experts on Southern
Africa and President of the Supreme Court of Zaire, who had been the victim of
three armed attacks attributed to members of the security forces and whom the
authorities had failed to provide with protection (17 February 1993) ; and
concerning the incidents of 15 April 1993, when members of the DSP
indiscriminately and without provocation opened fire on a peaceful crowd in
front of the residence of the Prime Minister, as well as massacres of
Banyarwanda in North Kivu (27 April 1993) .
E/cN. 4/1994/7
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658. The Special Rapporteur also intervened on behalf of Thassinda Kilolo, who
had reportedly been abducted by members of a special team of the DSP known as
the “owls”, as well as his two sisters, Thassinda Malaku and Thassinda Misaku,
who had been the victims of several attempted abductions and death threats
from members of the security forces (24 September 1993); Felix Mbayi Kalombo,
adviser to Prime Minister Tchisekedi, who was the victim of an attempt on his
life as he was being treated at the hospital for wounds inflicted in an attack
against his home, allegedly carried out by members of the security forces; and
Lambert Tshitshimbi Katombe, also an adviser to the Prime Minister, who had
reportedly been followed by security agents (19 October 1993) .
659. The Special Rapporteur also transmitted to the Government of Zaire one
specific case which was said to have occurred in Kinshasa, when members of the
DSP reportedly killed at least 15 civilians including an 11-year-old child and
a pregnant woman, in retaliation for the murder of one of their members.
Communications received
660. At the time of the preparation of the present report, no communications
had been received from the Government of Zaire.
Observations
661. The Special Rapporteur is deeply concerned at the alarming reports of
large-scale and grave human rights violations reported to occur in a climate
of violent anarchy prevailing in Zaire. These reports indicate that the
people of Zaire are paying a high price in the struggle for political power
between President Mobutu and his opponents, and that the country is sliding
towards a total breakdown of law and order. The Special Rapporteur urges
those in control of the security forces to ensure that human rights violations
will not be tolerated under any circumstances, that abuse of force will be
avoided, that a strict chain-of-command control will be maintained, and that
the perpetrators of human rights violations will be held criminally
responsible for their acts.
662. The Special Rapporteur is appalled at the upsurge of inter-communal
violence sparked by political instability, particularly in the regions of
Shaba and North Kivu. A pattern of inter-ethnic conflicts in a climate of
total impunity seems to be emerging in the region, whereby events and
developments in any of the neighbouring States of Rwanda, Burundi and Zaire
have strong repercussions in the others (see also the chapters on Burundi and
Rwanda) . The Special Rapporteur will continue to pay particular attention to
this region.
Zimbabwe
Communications sent
663. The Special Rapporteur communicated to the Government of Zimbabwe
allegations he had received concerning alleged extrajudicial, summary or
E/CN. 4/1994/7
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arbitrary executions of six persons. In the cases of the reported killing
by the military of Edwin Ehundani Nleya and the death in an army prison,
reportedly as a consequence of torture, of Shepard Chisango, the authorities
were said not to have fulfilled their obligation to carry out investigations
with a view to identifying and punishing those responsible. Four persons,
among them a 10-year-old boy, were allegedly killed when police opened fire
against demonstrators in Chakari.
Communications received
664. At the time of the preparation of the present report, no communications
had been received from the Government of Zimbabwe.
E/cN. 4/1994/7
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V. QUESTIONS RELATING TO THE RIGHT TO LIFE
IN THE FORMER YUGOSLAVIA
665. After participating in two missions to the former Yugoslavia (see
E/CN.4/1993/46, chapter V), the Special Rapporteur continued his cooperation
with the Special Rapporteur on the situation of human rights in the
territory of the former Yugoslavia, Mr. Tadeusz Mazowiecki. On behalf of
Mr. Mazowiecki, he visited Croatia from 15 to 20 December 1992 to carry out
preliminary investigations into allegations received indicating that victims
of war crimes might be buried in various mass graves in the former Yugoslavia,
particularly in Croatia. In the initial investigation and assessment of the
sites visited during his mission, the Special Rapporteur was assisted by a
member of a team of forensic experts examining a site at Ovcara on behalf
of the Commission of Experts established pursuant to Security Council
resolution 780 (1992) . A summary of the Special Rapporteur's findings, as
well as a number of practical, legal and political considerations, were
included in Mr. Mazowiecki's report to the Commission on Human Rights at its
forty-ninth session (E/CN.4/1993/50, annex I) .
666. During 1993, the Special Rapporteur has received very little direct
information regarding violations of the right to life in the former
Yugoslavia. Since the appointment of Mr. Mazowiecki after the first special
session of the Commission on Human Rights in August 1992, information
regarding such allegations has been centralized and channelled to his staff in
Geneva and his staff based in the field office established in Zagreb. This
was done both to avoid duplication of efforts and to ensure a comprehensive
approach to the former Yugoslavia, as well as to maximize the specialization
which the human rights crisis in the former Yugoslavia requires.
667. It is perfectly clear to the Special Rapporteur that the amount of
information received by his mandate bears no relation whatsoever to the level
of violations of the right to life which have occurred, and continue to occur,
in the former Yugoslavia, and particularly in Bosnia and Herzegovina. The
ongoing conflicts in Bosnia and Herzegovina and the humanitarian emergency
there call for extraordinary responses. The Special Rapporteur's usual
procedures for communicating allegations by urgent appeals or letters to the
Government concerned cannot usefully be applied to a country where it is
estimated that two thirds of the territory are not under the control of the
recognized Government.
668. The Commission on Human Rights, at its second special session in
October 1992, endorsed Mr. Mazowiecki's call for a number of his staff to be
permanently based in the former Yugoslavia (resolution 1992/S-2/1) . Thus
since the forty-ninth session of the Commission on Human Rights, the Special
Rapporteur on the situation of human rights in the former Yugoslavia has
presented four periodic reports to the Commission (E/CN.4/1994/3, 4, 6, 8) .
These reports refer extensively to grave violations of the right to life.
669. In his most recent report, which comprises the situation of human rights
in Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia
(E/cN.4/1994/47), Mr. Mazowiecki once again reported massacres of civilians,
ethnically inspired killings of individuals, deaths of civilians as a result
of indiscriminate shelling, the use of prisoners-of-war as human shields or
E/CN. 4/1994/7
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forced labourers on the front lines by all parties to the conflicts in Bosnia
and Herzegovina and in Croatia. With regard to the situation of the right
to life in the Federal Republic of Yugoslavia, Mr. Mazowiecki presented
disturbing information of deaths of Albanians in police custody in Kosovo as a
result of torture as well as a sharply increased mortality rate as a
consequence of the catastrophic health situation.
670. The Special Rapporteur would like to add his voice to the appeals and
requests addressed by Mr. Mazowiecki to the parties to the conflict in the
former Yugoslavia with a view to ensuring full respect for the right to life,
particularly of the civilian population. The Special Rapporteur strongly
supports Mr. Mazowiecki's call on the international community for generous and
speedy humanitarian aid so as to allay to the maximum extent possible the
humanitarian disaster in Bosnia and Herzegovina. He also wishes to endorse
Mr. Mazowiecki's request that all those responsible for human rights abuses,
and, in particular, violations of the right to life in all areas of the former
Yugoslavia, be held accountable and punished.
E/cN. 4/1994/7
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VI. CONCLUSIONS AND RECOMMENDATIONS
671. As in the past, at the end of a reporting cycle the Special Rapporteur
finds himself compelled to report that extrajudicial, summary or arbitrary
executions have not ceased to occur. On the contrary, armed struggles for
power and territorial control have continued unabated in many parts of the
world, often disguised as ethnic, religious or nationalistic conflicts. The
former Yugoslavia, Angola, Liberia, Somalia, Rwanda and Burundi, Azerbaijan
and Tajikistan are only a few examples that come to mind, where violations of
the right to life, in particular of the civilian population, take place on a
massive scale. The Special Rapporteur has also continued to receive
increasing numbers of allegations of extrajudicial, summary or arbitrary
executions and death threats attributed to government forces or groups
cooperating with them or enjoying the acquiescence of the authorities.
672. The Special Rapporteur responded to these continuing violations of the
right to life with a marked increase in the range of his activities (see
above, chap. IV) . On the basis of the information that has come before him,
the Special Rapporteur focused his attention on two main areas of concern:
violations of the right to life in the context of capital punishment and
impunity enjoyed by perpetrators of violations, which has important
implications for almost all other types of extrajudicial, summary or
arbitrary executions, particularly for their prevention. In compliance with
the requests made to him by the Commission on Human Rights (see chap. I), the
Special Rapporteur also paid special attention to a number of other issues.
This chapter contains his conclusions and recommendations regarding these
questions as well as on a number of procedural points and other matters of
concern to the Special Rapporteur.
A. Capital punishment
673. In its resolution 1993/71, the Commission on Human Rights requested the
Special Rapporteur to “continue monitoring the implementation of existing
international standards on safeguards and restrictions relating to the
imposition of capital punishment, bearing in mind the comments made by the
Human Rights Committee in its interpretation of article 6 of the International
Covenant on Civil and Political Rights, as well as the Second Optional
Protocol thereto” .
The desirability of abolition of the death penalty
674. Capital punishment is not yet in itself prohibited under international
law. However, in its comments on article 6 of the Covenant, the Human Rights
Committee observed that this provision “also refers generally to abolition
in terms which strongly suggest that abolition is desirable (paras. 6 (2)
and (6)) . The Committee concludes that all measures of abolition should be
considered as progress in the enjoyment of the right to life (...) .“ 1/
The desirability of abolition was also expressed repeatedly by the
General Assembly. 2/ Moreover, in re-approving article 6, paragraph 6, of
the International Covenant on Civil and Political Rights, the Economic and
Social Council, in its resolution 1984/50, adopted the Safeguards
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guaranteeing protection of the rights of those facing the death penalty, on
the understanding that they should not be invoked to delay or to prevent the
abolition of capital punishment.
675. Article 6, paragraph 2, of the Covenant provides that “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 concerning
summary or arbitrary executions, most recently in paragraph 12 of
resolution 45/162 of 18 December 1990. In its comments on article 6 of the
Covenant, the Human Rights Committee stated that “the expression most serious
crimes' must be read restrictively to mean that the death penalty should be a
quite exceptional measure”, limited to offences with lethal or “other
extremely grave consequences” . 3/
676. The Special Rapporteur has received with concern reports of the extension
of the scope of capital punishment to off ences previously not punishable by
death in a number of countries. In Bangladesh, the Curbing of Terrorist
Activities Act 1992 reportedly extends the scope of the death penalty to a
number of offences under the heading of “terrorism”, which had previously
been sanctioned with imprisonment. In China, the range of capital offences
has been broadened since the Chinese Penal Code came into force in 1979.
Currently, some 65 criminal offences are punishable by death in China,
including crimes such as “speculation”, “corruption” or “bribery”. Law No. 97
of 1992 significantly enlarged the number of capital offences in Egypt. In
May 1991, Pakistan introduced a mandatory death penalty in cases of
blasphemy and it was reported that the Government was planning to extend it
to drug-related offences in August 1993. The new Peruvian Constitution,
approved by referendum on 31 October 1993, widens the scope of capital
punishment to cover crimes of terrorism and treason (see E/CN.4/1994/7/Add.2,
paras. 74-78). In Saudi Arabia, two fatwas , in 1987 and 1988, extended the
range of capital offences to a number of drug-related offences and to acts of
“sabotage” or “corruption on earth” that “undermine security and endanger
lives and public or private property”. Previously, such offences were
punishable by death only if loss of life was involved. According to reports
recently received, a federal crime bill is currently being drafted in the
United States of America which would extend the death penalty to 47 offences
which, at present, are not punishable by death.
677. Loss of life is irreparable. The Special Rapporteur therefore strongly
supports the conclusions of the Human Rights Committee and emphasizes that the
abolition of capital punishment is most desirable. The scope of application
of the death penalty should never be extended and the Special Rapporteur
invites those States which have done so to reconsider.
Fair trial
678. All safeguards and guarantees for due process, both at pre-trial
stages and during the actual trial before a court, as provided for by several
international instruments such as the Universal Declaration of Human Rights
(arts. 10 and 11) , the International Covenant on Civil and Political Rights
(arts. 9, 14 and 15) , the Safeguards guaranteeing protection of all
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those facing the death penalty as well as Economic and Social Council
resolution 1989/65 on their implementation, must be fully respected in all
cases, and especially where the life of the defendant is at stake.
679. In particular, proceedings leading to the imposition of capital
punishment must conform to the highest standards of independence, competence,
objectivity and impartiality of judges and juries. All defendants in capital
cases must benefit from the fullest guarantees for an adequate defence at all
stages of the proceedings, including adequate provision for State-funded legal
aid by competent defence lawyers. Defendants must be presumed innocent until
their guilt has been proven without leaving any room for reasonable doubt, in
application of the highest standards for the gathering and assessment of
evidence. All mitigating factors must be taken into account. A procedure
must be guaranteed in which both factual and legal aspects of the case may be
reviewed by a higher tribunal, composed of judges other than those who dealt
with the case at the first instance. In addition, the defendants' right to
seek pardon or commutation of the death sentence must be ensured.
680. During the past year, the Special Rapporteur received numerous and
alarming reports about legislation and practice leading to the imposition
and execution of death sentences where the defendants did not fully benefit
from these guarantees and safeguards. Such reports concerned the following
countries (for details see chap. IV) : Algeria, Azerbaijan, Bangladesh,
China, Comoros, Egypt, Iran (Islamic Republic of), Kuwait, Kyrgyzstan, Malawi,
Malaysia, Nigeria, Pakistan, Peru, Saudi Arabia, Sierra Leone, South Africa,
the Syrian Arab Republic, Tajikistan, Turkmenistan, United States of America,
Uzbekistan, Yemen.
681. The Special Rapporteur is particularly concerned at reports indicating a
tendency towards the establishment of special jurisdictions to speed up
proceedings leading to capital punishment in certain cases, particularly in
response to acts of violence committed by armed opposition groups. Such
special courts often lack independence, for example, because the judges are
accountable to the executive, or because they are military officers on active
duty within the chain-of-command structure of the army. Time-limits which are
sometimes set for the conclusion of the different trial stages before such
special jurisdictions gravely affect the defendants' right to an adequate
defence. Concerns have also been expressed at limitations on the right to
appeal in the context of special jurisdictions. In some cases, the law
establishing special courts also provides for an extension of the scope of
capital offences. The Special Rapporteur notes that, as a general rule, the
standards of due process and respect for the right to life before such
jurisdictions are lower than in ordinary criminal proceedings. He wishes to
refer, in this context, to the sections of this report on Algeria, Egypt,
Kuwait, Malawi, Nigeria, Pakistan, Peru and the Syrian Arab Republic.
682. The Special Rapporteur wishes to refer to a recent judgement of the
Judicial Committee of the Privy Council of the United Kingdom of Great Britain
and Northern Ireland, wherein it held that the execution of a death sentence
five years after it had been handed down would constitute cruel and inhuman
punishment. Consequently, the death sentences of two prisoners in Jamaica who
had been awaiting execution for more than five years were commuted to life
imprisonment. The Supreme Court of Zimbabwe recently reached a similar
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conclusion. While welcoming the decisions, the Special Rapporteur wishes to
express concern that they might encourage Governments to carry out executions
of death sentences more speedily. This might, in turn, affect defendants'
rights to full appeal procedures, including new hearings if additional
evidence is discovered even years later. The Special Rapporteur feels that
these judgements should rather be interpreted in the light of the desirability
of the abolition of capital punishment: if, as a first step, it is recognized
that awaiting execution for five years constitutes in itself cruel and inhuman
punishment, the second, towards the rejection of capital punishment as such,
may be easier to take.
683. In summary, judicial errors can no longer be remedied once a death
sentence has been carried out. The Special Rapporteur urges the Governments
of all States in which the death penalty has not yet been abolished to ensure
that proceedings which may lead to the imposition of the death penalty are
conducted in accordance with the highest standards of due process and that
defendants fully benefit from all safeguards and guarantees set forth in the
pertinent international instruments.
684. The Special Rapporteur calls particularly on the Governments of Algeria,
China, Egypt, the Islamic Republic of Iran, Kuwait, Malawi, Malaysia, Nigeria,
Pakistan, Peru, the Syrian Arab Republic, Tajikistan and the United States of
America to revise their legislation governing procedures for trials where the
imposition of capital punishment is at stake so as to make them conform to the
pertinent international instruments.
Special restrictions on the application of the death penalty
685. Article 6, paragraph 5, of the International Covenant on Civil and
Political Rights stipulates that “sentence of death shall not be imposed for
crimes committed by persons below eighteen years of age” . A number of other
international instruments also prohibit the capital punishment of juvenile
offenders, in particular the Convention on the Rights of the Child, the
United Nations Standard Minimum Rules for the Administration of Juvenile
Justice (“The Beijing Rules”) , and the Safeguards guaranteeing protection of
the rights of those facing the death penalty. The reports received concerning
the imposition and execution of death sentences in cases involving minors in
Egypt, Pakistan and the United States of America are most disturbing. The
Special Rapporteur is also deeply concerned at legislation allowing for death
sentences for minors in Algeria, China and Peru.
686. Furthermore, international law prohibits the capital punishment of
mentally retarded or insane persons, pregnant women and mothers of young
children. In this context, the Special Rapporteur refers to allegations he
has received concerning executions of mentally retarded persons in the
United States of America.
687. The Special Rapporteur urges the Governments of Algeria, China, Egypt,
Pakistan, Peru and the United States to consider which measures may be more
suitable than the death penalty to promote rehabilitation and reinsertion into
society of juvenile or mentally retarded offenders.
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B. Impunity
688. Governments are obliged under international law to carry out exhaustive
and impartial investigations into allegations of violations of the right to
life, to identify, bring to justice and punish their perpetrators, to grant
compensation to the victims or their families, and to take effective measures
to avoid future recurrence of such violations. The first two components of
this fourfold obligation constitute in themselves the most effective deterrent
for the prevention of human rights violations. Conversely, if perpetrators
may be certain that they will not be held responsible, such violations are
most likely to continue unabated. The recognition of the duty to compensate
victims of human rights violations, and the actual granting of compensation to
them, presupposes the recognition by the Government of its obligation to
ensure effective protection against human rights abuses on the basis of the
respect for the fundamental rights and freedoms of every person.
689. Economic and Social Council resolution 1989/65 of 24 May 1989 on the
Principles on the Effective Prevention and Investigation of Extra-legal,
Arbitrary and Summary Executions sets forth in detail the aforementioned
obligations. In addition, as regards deaths as a result of excessive use of
force, the Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials provide that arbitrary or abusive use of force and
firearms by law enforcement officials is to be punished as a criminal offence
under national law (principle 7) . 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.
690. In practice, however, human rights violations and, in particular,
violations of the right to life continue to be perpetrated with impunity in
very many countries. The reports and allegations that have come before the
Special Rapporteur indicate that grave breaches of the above-mentioned
obligation occur at all levels.
691. In some cases, the basis for impunity may be legislation which exempts
perpetrators of human rights abuses from prosecution. The Special Rapporteur
received reports about amnesty laws in El Salvador and Mauritania. He was
also informed about provisions granting members of the security forces
immunity from prosecution in Bangladesh (Bangladesh Penal Code) and
South Africa (Further Indemnity Act) . In this context, the Special Rapporteur
wishes to emphasize that “under no circumstances ... shall blanket immunity
from prosecution be granted to any person allegedly involved in extra-legal,
summary or arbitrary executions” (principle 19 of the Principles on the
Effective Prevention and Investigation of Extra-legal, Summary or Arbitrary
Executions) . Even if, in exceptional cases, Governments may decide that
perpetrators should benefit from measures that would exempt them from or limit
the extent of their punishment, their obligation to bring them to justice and
hold them formally accountable remains, as does the obligation to carry out
prompt, thorough and impartial investigations, grant compensation to the
victims or their families and adopt effective preventive measures for the
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future. The Special Rapporteur appeals to all Governments concerned to revise
any legislation as may be in force exempting those involved in violations of
the right to life from prosecution.
692. However, in many countries where the law provides for the prosecution of
human rights violators, impunity is the practice. Often, no investigation at
all is initiated into cases of alleged violations of the right to life.
Authorities do not react to complaints filed by the victims, their families or
representatives, or by international organs, including the Special Rapporteur.
In this context, it should be recalled that Governments are under obligation
to initiate inquiries into allegations ex officio as soon as they are brought
to their attention, particularly where the alleged violation of the right to
life is imminent and effective measures of protection must be adopted by the
authorities. Also, legislation should permit victims or their families or
representatives to initiate such proceedings. The Special Rapporteur
therefore calls on all Governments to enact legislation enabling the competent
authorities to fulfil their obligations under international law irrespective
of whether or not the victims are able to provide evidence to identify the
authors of human rights abuses against them, and to ensure that these
obligations are fully implemented in practice.
693. In other instances, victims or witnesses are said to be too afraid to
complain to the authorities, particularly where they perceive to be under
threat from exactly the same authorities that are supposed to protect them.
The Philippine Human Rights Commission, for example, repeatedly informed the
Special Rapporteur that persons were too afraid to testify or file complaints
before the authorities. Disturbing reports about death threats against, or
even extrajudicial killings of persons who had witnessed human rights
violations and, in some cases, testified before investigating organs were
received concerning Brazil, Colombia, Guatemala and Peru. In other cases, the
State organs which should carry out the investigations were themselves under
threat, as was reported with regard to public prosecutors in Peru or the
judiciary in Chad. The Special Rapporteur urges all Governments to ensure
effective protection for all those who participate, as witnesses, prosecutors,
judges, court officials or in any other capacity, in investigations of alleged
human rights violations.
694. There are also countries where there is no independent judiciary that
could carry out such investigations, or where the justice system simply does
not work in practice. Cambodia was reported to the Special Rapporteur as an
example in this regard. In Peru and Rwanda, too, the civilian justice system
does not function properly. In such cases, reforms should be carried out to
enable the judiciary to fulfil its functions. It should count on an adequate
number of judges, court officials and prosecutors and sufficient material.
The independence of the judges should be guaranteed by law and fully respected
in practice.
695. In the absence of a functioning civilian justice system, or in cases
which warrant particular treatment because of their special nature or gravity,
Governments may envisage establishing special commissions of inquiry. They
must fulfil the same requirements of independence, impartiality and competence
as judges in ordinary courts. The results of their investigations should be
made public, and their recommendations should be binding for the authorities.
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The Special Rapporteur is concerned that the establishment of such commissions
is sometimes only announced but not put into practice, as was reported in the
case of Chad; that recommendations made by such commissions are not or not
always followed, such as in Mexico; or that such commissions do not fulfil
the above-mentioned requirements and are, in reality, tools to evade the
obligation to carry out thorough, prompt and impartial investigations into
alleged violations of the right to life.
696. In other cases, investigations are initiated without, however, leading
to the punishment of members of the security forces or paramilitary and other
groups cooperating with them or acting with their acquiescence. Where
perpetrators of such violations are brought to justice and sentenced, these
sentences are often not proportionate to the gravity of the offences, as was
reported in the case of the Santa Cruz massacre in East Timor or the killings
of peasants in Accomarca and Santa Barbara in Peru (see E/CN.4/1994/7/Add.2,
paras. 32 and 53) . On other occasions, low-ranking members of security forces
have been convicted and sentenced for having carried out human rights
violations, while those in positions of command escaped their responsibility
for having planned and ordered these violations. The Special Rapporteur calls
on all Governments to prosecute all those involved in the planning and
carrying out of alleged extrajudicial, summary or arbitrary executions,
including those who, although in a position of authority, have not made any
attempts to prevent them.
697. The problem of military jurisdiction over alleged perpetrators of human
rights violations has once again been raised in this regard. Sometimes, the
fact that the civilian justice system does not function properly is invoked
by the authorities to justify trials before military tribunals. Ample
information received by the Special Rapporteur indicates that, in practice,
this almost always results in impunity for the security forces. The Special
Rapporteur therefore once again appeals to all Governments concerned to
provide for an independent, impartial and functioning civilian judiciary to
deal with all cases of alleged violations of the right to life. The Special
Rapporteur also calls on the authorities to ensure that the security forces
fully cooperate with the civilian justice system in its efforts to identify
and bring to justice those responsible for human rights violations.
698. The Special Rapporteur considers the implementation of Commission
resolutions 1993/33 and 1992/24 to be a matter of high priority. In this
regard, he would like to stress the need for expertise in forensic pathology,
anthropology and archeology in order to conduct excavations of mass graves and
examine human remains found therein. In this context, efforts to establish a
standing team of internationally recognized experts in this field who could
provide advice and assistance to national investigating organs should be
continued.
699. The link between the effective investigation of human rights violations
of the right to life and the prevention of their recurrence in the future
cannot be over-emphasized. Consequently, the Special Rapporteur calls on all
Governments to comply fully with their obligation under international law to
ensure that thorough, prompt and impartial investigations are carried out into
all allegations of the right to life and that all those involved in their
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planning and execution be identified, brought to justice and punished in
accordance with the gravity of the offence, regardless of any rank, office or
position they may hold.
C. Allegations received and acted upon by the Special Rapporteur
Death threats
700. The Special Rapporteur received allegations concerning death threats
or fear for the lives and physical security of more than 380 persons. He
continues to view urgent appeals on behalf of those under threat as an
essential part of his mandate. In the past year, he has transmitted urgent
appeals with the aim of preventing loss of life to the Governments of:
Argentina, Bangladesh, Brazil, Burundi, Chad, Ecuador, El Salvador, India,
Indonesia, Iran (Islamic Republic of) , Panama, Papua New Guinea, Paraguay,
Peru, Philippines, Rwanda, South Africa, Sri Lanka, Togo, Turkey, Venezuela
and Zaire. In almost all of these countries, the lives of human rights
activists, members of the political opposition, trade unions, community
workers, writers and journalists were reported to be at serious risk. The
Special Rapporteur is particularly concerned about Colombia, where he
intervened by sending 26 urgent appeals, and Guatemala, where he sent 25
urgent appeals. Furthermore, the Special Rapporteur noted with deep concern
reports about the alleged execution, while in custody, of a prisoner in
Azerbaijan, and the killing of two mothers of disappeared children in Brazil.
In both cases, he had urged the authorities to ensure their protection. It is
also most disturbing that in countries such as Brazil, Colombia, Guatemala,
South Africa and Turkey, patterns of intimidation and threats seem to persist
for years.
701. The Special Rapporteur urges all Governments to adopt effective measures,
in accordance with the requirements of each particular case, to ensure full
protection of those who are at risk of extrajudicial, summary or arbitrary
execution. The Special Rapporteur calls on the authorities to conduct
investigations into all instances of death threats or attempts against lives
which are brought to their attention, regardless of whether or not any
judicial or other procedures have been activated by those under threat.
Deaths in custody
702. The Special Rapporteur received numerous reports concerning deaths in
custody in Azerbaijan, Cambodia and Sierra Leone. Such deaths were alleged to
be the result of torture or other cruel, inhuman and degrading treatment in
Bangladesh, Cuba, Ecuador, India, Indonesia, Israel, Mexico, Nepal, Peru,
South Africa, Turkey and Yugoslavia. The Special Rapporteur also received
allegations of deaths in custody due to medical neglect or otherwise untenable
prison conditions in Cuba, Morocco and Togo. A particular form of death while
in detention was reported, as in former years, in Myanmar, where Muslim
villagers continue to be forced by the military to serve as porters and die
after torture or simply because they are too weak to carry on.
703. The Special Rapporteur appeals 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
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instruments. He also urges them to make efforts 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 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
also calls on the competent authorities to prosecute and punish all those who,
through action or omission, are found responsible for the death of any person
held in custody, in breach of the aforementioned international instruments.
Deaths due to abuse of force by law enforcement officials
704. The Special Rapporteur received a considerable number of allegations
concerning violations of the right to life as a consequence of excessive or
arbitrary use of force. Cases in this category were reported in Brazil,
Cameroon, Chad, Chile, the Comoros, Egypt, Honduras, Israel and Venezuela.
In Bangladesh, Cameroon, Chad, Chile, the Central African Republic,
El Salvador, India, Lebanon, Malawi, Nepal, South Africa and Zaire,
hundreds of people were reportedly killed by security forces using
excessive force against participants in demonstrations and other
manifestations. The Special Rapporteur was particularly shocked by reports
about deliberate use of firearms against young children by Israeli security
forces and Brazilian military police.
705. The Special Rapporteur calls on all Governments to ensure that the
security forces receive thorough training in human rights matters and, in
particular, with regard to the restrictions on the use of force and firearms
in the discharge of their duties. Such training should include methods of
keeping crowds of people under control without resorting to excessive force.
Full and independent investigations must be carried out into alleged deaths
due to abuse of force, and all law enforcement officials responsible for
violations of the right to life must be held accountable.
Violations of the right to life during armed conflicts
706. The Special Rapporteur received increasing numbers of reports concerning
deaths as a consequence of armed conflicts, both international and internal,
in various parts of the world. Massive violations of the right to life were
said to have been committed against combatants who had been captured, or
after they had laid down their arms, and particularly civilians. This was
reported, for example, in Angola, Azerbaijan, Cambodia, Chad, Djibouti,
Liberia, Papua New Guinea, Sierra Leone, Somalia, Sri Lanka, the Sudan,
Tajikistan, Turkey and the conflict areas in the former Yugoslavia.
Thousands of people were reportedly killed, either as a direct consequence
of the hostilities - through deliberate and indiscriminate shelling of
residential areas, often with heavy weaponry including aerial bombardments,
and deliberate executions - or indirectly, as a result of sieges, blocking off
water, food and medical supplies, refusal to evacuate sick or wounded persons.
Children, elderly and those in poor health are particularly affected by such
measures.
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707. The Special Rapporteur calls on all parties to conflicts, international
or internal, to respect the norms and standards of international human rights
and humanitarian law which protect the lives of the civilian population and
those combatants who are captured or lay down their arms. He also appeals to
all those involved in armed conflicts to allow convoys of humanitarian aid to
reach their destinations as well as to allow the evacuation of the wounded,
elderly persons and children. All those responsible for violations of the
right to life in situations of armed conflicts must be held accountable. In
this context, the Special Rapporteur particularly wishes to endorse the
appeals for respect for the right to life made by the Special Rapporteurs on
the situation of human rights in the Sudan and, on repeated occasions, by the
Special Rapporteur on the human rights situation in the territory of the
former Yugoslavia.
708. In this context, the Special Rapporteur wishes to refer to the role of
the United Nations in situations of armed conflict. Increasingly often called
upon to exercise peace-keeping tasks, United Nations personnel in many
countries are operating under very difficult and often dangerous conditions.
A high number of United Nations staff have on many occasions risked, and lost,
their lives. However, in the recent past reports have been received
indicating that members of United Nations forces were themselves involved in
extrajudicial, summary or arbitary killings in Somalia. The Special
Rapporteur is of the view that, as each State is bound under international law
to respect these standards, an organ representing States in their collectivity
has at least the same degree of responsibility. A human rights component
should be an integral part of all peace-keeping and observer missions. As
such missions under the auspices of the United Nations multiply, it may be
desirable to envisage the institution of an organ within the United Nations,
or within each peace-keeping or observer mission, to investigate human rights
abuses by members of such missions and hold their authors responsible.
Provision should also be made to grant compensation to the victims of such
abuses or, in the case of extrajudicial killings, their families. With a view
to preventing such incidents, all members of peace-keeping and observer
missions should receive thorough training in human rights matters as well as
in mediation and conflict resolution.
Violations of the right to life in the context of communal violence
709. The Special Rapporteur would once again like to draw the attention of the
international community to the problem of communal violence, understood as
acts of violence committed by groups of citizens of a country against other
groups. In Burundi, Nigeria, Rwanda and Zaire, where violent confrontations
were reported between different ethnic groups, government forces allegedly not
only did not intervene to stop the violence but actively supported one side in
the conflict, or even began it. In other instances, Governments, for example
those of Bangladesh and Sri Lanka, denied their responsibility for killings,
asserting that they occurred in the context of communal violence. Such
conflicts, if allowed to continue, may degenerate into genocide. Effective
steps should therefore be taken by Governments of countries where acts of
communal violence occur to curb such disturbances at an early stage. The
Special Rapporteur also strongly appeals to all Governments to refrain from
supporting groups, on ethnic or other grounds, either actively or by simply
tolerating acts of violence committed by them. On the contrary, efforts
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should be made towards reconciliation and peaceful coexistence of all parts of
the population, regardless of ethnic origin, religion or any other
distinction. Mass communication media and campaigns of education and
information promoting mutual respect should be used in this regard.
Furthermore, all acts of incitement to hatred or violence must be punished.
Expulsion of persons to a country where their life is in danger
710. The Special Rapporteur received reports about the imminent extradition of
one or more persons to countries where their lives might be at risk. 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 guaranteed.
Rights of the victims
711. As stated earlier, the recognition of the right of victims or their
families to receive adequate compensation is both a recognition of the State's
responsibility for the acts of its organs and an expression of respect for the
human being. Granting compensation presupposes compliance with the obligation
to carry out an investigation into allegations of human rights abuses with
a view to identifying and prosecuting their perpetrators. Financial or
other compensation provided to the victims or their families before
such investigations are initiated or concluded, however, does not exempt
Governments from this obligation. The Special Rapporteur notes with concern
that, with the exception of Nepal, no Government provided him with information
about any such compensation provided to victims or their dependants. The
Special Rapporteur urges States to make pertinent provisions under national
legislation and set up funds for those who have suffered damage as a
consequence of extrajudicial, summary or arbitrary execution or attempted
execution.
D. Issues of special interest to the Special Rapporteur
Freedom of opinion and expression
712. More than 700 cases which were brought to the attention of the Special
Rapporteur during the past year concerned alleged violations of the right to
life involving a breach of the right to freedom of opinion and expression,
peaceful assembly and association. Extrajudicial killings as a result of
abuse of force against demonstrators and participants in other peaceful
manifestations have been referred to earlier. The Special Rapporteur is
deeply concerned at the large numbers of reported death threats, assassination
attempts and extrajudicial executions of members of legal political opposition
parties, trade unions, student movements and community organizations, human
rights groups and activists, as well as journalists, writers and persons
assisting indigenous people and peasants in Argentina, Brazil, Cambodia, Chad,
Colombia, El Salvador, Equatorial Guinea, Guatemala, Haiti, India, Malawi,
Paraguay, Peru, the Philippines, Rwanda, South Africa, Turkey and Zaire.
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713. The Special Rapporteur is particularly preoccupied by reports of “hit
squads” or “death squads” linked to the authorities, which are said to be
instruments of violent repression of any political opposition. Such groups,
often said to be composed of members of the security forces, allegedly carry
out orders to intimidate or eliminate persons perceived as a threat to
Governments or certain political parties. Disturbing allegations to this
effect were received concerning Brazil, Colombia, Guatemala, El Salvador,
Haiti, Kenya, Peru, South Africa and Turkey. Agents linked to the security
forces of the Islamic Republic of Iran were said to be responsible for the
killing of political opponents in Italy, Pakistan and Turkey.
714. The Special Rapporteur calls on all Governments to fully respect the
right of all persons to freedom of opinion and expression, peaceful assembly
and association, as guaranteed in the pertinent international instruments. He
urges the authorities of those countries in which death squads or similar
structures are alleged to exist to carry out full investigations with a view
to eliminating such groups and identifying and prosecuting their members, as
well as all those under whose orders they are found to operate.
Violations of the right to life of women
715. In 168 cases, the victims of reported violations of the right to life
were women. As stated earlier, this figure does not necessarily reflect the
actual proportion of women among those on whose behalf the Special Rapporteur
intervened. This is due to the fact that several cases concerned alleged
extrajudicial, summary or arbitrary executions of groups of unidentified
civilians, where it was not specified how many women were among those killed.
In other cases, the Special Rapporteur could not discern the sex of a person
simply by the name and the source did not indicate whether the allegation
concerned a man or a woman.
716. However, women make up a relatively small percentage of purported victims
of extrajudicial, summary or arbitrary executions or death threats reported to
the Special Rapporteur. Women appear not to be particularly targeted for
reasons of their sex. This may partly be explained by the fact that women
continue to play a small role in the political and economic life of many
countries. The underrepresentation of women in positions of influence, for
example in political parties or trade unions, or in professions such as law or
journalism, means that they are also less exposed to acts of violence at the
hands of Governments that may perceive them as a threat. On the other hand,
in areas where women are actively participating in public life, they do not
seem to be in a different position from their male counterparts, as may be
illustrated by the following cases acted upon by the Special Rapporteur in the
past year: Peruvian journalist Cecilia Valenzuela, allegedly threatened with
death by the security forces; human rights activists Hebe de Bonafini and
journalists Magdalena Ruiz Guiffiaz1 , M6nica Cahen d'Arivers and Graciela
Guadalupe in Argentina; missionary Elsa Rosa Zotti, lawyers Valdenia Brito,
Katia Costa Pereira and Cecilia Petrina de Carvalho, as well as mothers of
disappeared children pressing for an investigation into their abduction in
Brazil; human rights activists Nineth de Montenegro, Rosalina Tuyuc, Angela
Maria Contreras Chavez and Rigoberta Menchi in Guatemala; lawyers Mirna Perla
de Ariaya in El Salvador and Gloria Estrago in Paraguay; as well as Leyla Zana,
Member of Parliament in Turkey.
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Armed groups that spread terror among the population and drug traffickers
717. Violence by armed opposition groups constitutes a serious problem in a
number of countries: the situations in Algeria, Colombia, Egypt, Guatemala,
parts of India, Myanmar, Peru, the Philippines, Sri Lanka and Turkey are
well-known examples in this regard. The Special Rapporteur wishes to express
his most profound repugnance at the acts of violence committed by these armed
opposition groups, which are responsible for grave human and material losses
in these countries. He fully understands that the Governments concerned and
their security forces face an extremely difficult task in attempting to curb
violence by such groups, in particular where they resort to terrorist methods,
indiscriminately targeting civilians. However, the Special Rapporteur is
concerned at reports according to which operations by the security forces
aimed at fighting such armed opposition groups very often result in
extrajudicial, summary or arbitrary executions. Algeria and Egypt, for
example, have executed death sentences against persons convicted of terrorism
after trials which fall short of the international standards for the
protection of those facing capital punishment. In all other aforementioned
countries, security forces allegedly extrajudicially executed civilians whom
they perceived to be collaborators or sympathizers of the armed opposition
groups. In Colombia, Guatemala and Sri Lanka it was also reported that
residential areas were bombarded by the military. In a number of countries,
where drug traffickers are also said to be responsible for killings of members
of the security forces and civilians. According to the information received,
drug traffickers in Colombia, Costa Rica and Peru have increased their
influence by establishing links with armed opposition groups.
718. In this context, the Special Rapporteur wishes to emphasize that the
right to life is absolute and must not be derogated from, even under the most
difficult circumstances. This means that Governments must respect the right
to life of all persons, including members of armed groups that demonstrate
their total disrespect for the lives of both State representatives and
civilians. The Special Rapporteur urges the Governments of all countries
where such groups are active to ensure that counter-insurgency operations are
conducted in a way so as to minimize the loss of lives. Security forces
should receive proper training in this regard, and excessive use of force
should be sanctioned.
Civil defence forces
719. In several countries, civilians, particularly in rural and/or remote
areas, have formed groups of self-defence in situations where they feel that
their lives or property are threatened. While such threats may emanate from
common criminality, for example cattle thieves, civil defence forces are
frequent in areas where armed opposition groups operate. Often, they are
supported or even set up by the security forces and integrated into the
Governments' counter-insurgency strategy. This was reported to be the case,
for example, with the Bangladesh Rifles and Ansar Guards in Bangladesh; the
civil self-defence patrols (PAC) in Guatemala, the rondas campesinas and
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comit s de defensa civil in Peru; the Citizen's Armed Forces Geographical
Units (CAFGU5) in the Philippines; or the Kontrgerilla and Village Guards in
Turkey. The Special Rapporteur received numerous reports about extrajudicial,
summary or arbitrary executions committed by members of such groups, either in
cooperation with units of the security forces or with their acquiescence.
With very few exceptions, they were said to enjoy impunity for their actions.
Often, the victims of such killings were said to be peasants suspected of
being members or sympathizers of the armed opposition because they refused to
join the, ostensibly voluntary, civil defence groups.
720. The Special Rapporteur appeals to the Governments of all countries where
such civil defence structures exist to ensure full respect of human rights by
the members of these groups. In particular, they should be trained to act in
conformity with the restrictions on the use of force and firearms for law
enforcement officials. All arms used by such groups, particularly if provided
by the military, should be registered and their use subjected to strict
control. All abuses should be punished, and effective measures should be
taken to prevent their occurrence. Furthermore, no one should be forced to
participate in civil defence groups.
Right to life and administration of justice
721. Respect for human rights within the administration of justice is of
relevance to the Special Rapporteur's mandate in the field of capital
punishment. In this context, the Special Rapporteur wishes to refer to
paragraphs 673 to 687 above, concerning the right of defendants in capital
cases to benefit fully from all guarantees of due process. In addition, the
Special Rapporteur takes fair trial requirements into account when he
evaluates proceedings that lead to the conviction and punishment of
perpetrators of violations of the right to life. The Special Rapporteur
appeals to all Governments to provide for legislation governing trial
procedures in full conformity with the safeguards and guarantees embodied in
the pertinent international instruments. He also urges all Governments to
ensure that these safeguards and guarantees are fully ensured in practice.
Effective protection should be ensured for all those forming part of the
justice system. Particular attention should be given to the security of
judges, prosecutors and lawyers where they may face threats or even attempts
against their lives in the context of terrorist violence or corruption among
political leaders.
Violations of the right to life of minors, particularly “street children”
722. The Special Rapporteur is deeply concerned at reports about violations of
the right to life of minors and, in particular, children and adolescents
without homes. Death threats against, and extrajudicial killings of “street
children” have been reported in Brazil, Colombia and Guatemala. Reports of
attacks against those who provide this particularly vulnerable group with
shelter and education programmes, for example the collaborators of Casa
Alianza in Guatemala or persons linked with the church in Brazil, are also
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very disturbing. The Special Rapporteur also wishes to express deep concern
for violations of the right to life of minors in armed conflicts. Children
are among those who suffer most from lack of food and medicine as a result of
deliberate blocking of humanitarian aid and assistance in conflict areas.
They were also said to have died in large numbers as victims of indiscriminate
attacks against residential areas. In addition, the Special Rapporteur
received numerous reports of incidents in which children, even very young
ones, were deliberately shot by members of the security forces, for example in
the Occupied Territories or in Sri Lanka. As regards the question of capital
punishment for minors, see above, paragraphs 685-687.
723. The Special Rapporteur calls on all Governments to ensure full respect
for the right to life of children. He urges Governments in countries where
children are forced to live in the streets to provide them with food, shelter
and education programmes and to effectively protect them from violence in any
form.
E. Procedural aspects
724. The Special Rapporteur wishes to thank all those, both individuals and
non-governmental organizations, who have provided him with information and
support in the discharge of his mandate. He also wishes to express his
appreciation for the cooperation he received from a number of Governments, in
particular those who have invited him to carry out visits to their countries.
The Special Rapporteur regrets that a number of Governments did not supply him
with any of the information he requested.
725. The Special Rapporteur would also like to thank all other United Nations
mechanisms and procedures for the protection of human rights from whose
cooperation he benefited during the past year and, in particular, the Special
Rapporteur on the question of torture, the representative of the Secretary for
internally displaced persons and the Committee on the Rights of the Child.
The Special Rapporteur also wishes to thank the ad hoc Working Group of
Experts on Southern Africa for its invitation to participate in their mission
to Botswana and Zimbabwe in August 1993.
726. As stated earlier, the Special Rapporteur received, and transmitted
to 73 Governments, allegations of the right to life concerning more than 3,700
persons. In 217 urgent appeals he urged the competent authorities to ensure
effective protection of persons whose lives were feared to be at risk. This
constitutes an increase of almost 50 per cent, as compared with the number of
urgent appeals sent in 1992. In over 90 letters, the Special Rapporteur asked
Governments to fulfil their obligation under international law to investigate
human rights violations, bring to justice those responsible and grant
compensation to the victims. The Special Rapporteur made an effort to
transmit these allegations to the Governments earlier in the year to allow for
more time to reply, as announced in his report to the Commission on Human
Rights at its forty-ninth session. The Special Rapporteur believes that the
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initiation of the follow-up procedure, as described in chapter II of this
report, constitutes an important new element in the working of his mandate.
The Special Rapporteur also hopes that his visits to the former Yugoslavia,
Rwanda and Peru, as well as his participation in numerous public and private
events, may contribute to promoting respect for the right to life and
awareness of United Nations human rights procedures and mechanisms.
727. It has become evident, however, that unless the resources of the
Secretariat are increased considerably, it will be impossible to assure the
day-to-day work of the mandate. The Special Rapporteur continues to count on
two staff members at the Centre for Human Rights, only one of them full-time.
The amount of work involved in the assessment of the incoming information,
almost daily urgent appeals, thorough follow-up, preparation of missions, etc.
would require at least three staff members and one secretary working
exclusively on the mandate. The Special Rapporteur hopes that the
strengthening of the resources of the Secretariat announced at the World
Conference on Human Rights in Vienna in June 1993 will soon be put into
practice.
728. While appreciating the opportunity provided at the World Conference to
meet with other special rapporteurs, representatives and members of working
groups of the Commission on Human Rights for an exchange of views and a
discussion on issues of common interest, and to present a common declaration
to the plenary of the Conference, the Special Rapporteur regrets that it was
not possible to present these concerns before the drafting committee for the
Vienna Declaration and Programme of Action. The scant attention given to the
problem of violations of the right to life in that document is disappointing.
The Special Rapporteur feels that the scale and gravity of extrajudicial,
summary or arbitrary executions in many parts of the world would have
justified a special heading in the Programme of Action.
F. Prevention
729. During his visits to the former Yugoslavia, Rwanda and Peru, the Special
Rapporteur could clearly recognize the enormous, and irreparable, loss of
lives in armed conflicts and other situations of internal violence. By
establishing the facts and trying to determine the causes for such violence in
these countries, it may be possible to discern ways of reducing the extent of
violations of the right to life there and preventing their occurrence in other
situations. In this context, it is most important to learn to notice signs of
incipient conflict situations that may, if allowed to develop, degenerate into
humanitarian and human rights crises with very severe consequences. All
internal mechanisms for the peaceful solution of such conflicts at the
earliest stage should be strengthened. When a country tries to enact such
mechanisms, or where there exists a grave humanitarian or human rights crisis,
the international community should make every effort to assist with a view to
re-establishing peace and preventing a new crisis. Wherever this entails an
international peace-building or peace-keeping operation, human rights should
be a central component.
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730. In all situations, whether armed conflict or not, the main question to be
addressed with a view to prevention of violations of the right to life is the
treatment of their authors: impunity is the key to the perpetuation of human
rights violations, including extrajudicial, summary or arbitrary executions.
Putting an end to impunity requires a genuine will to recognize and enact the
safeguards and guarantees for the protection of the right to life of every
person. The Special Rapporteur calls once again on all Governments to comply
with their obligation under international law to investigate all instances of
alleged violations of the right to life, to prosecute and punish their
perpetrators and to grant adequate compensation to the victims or their
families. The Special Rapporteur also appeals to the international community
to continue and reinforce its efforts to curb the phenomenon of extrajudicial,
summary or arbitrary executions by putting into practice the international
standards already existing, as well as improving them where shortcomings are
identified. Finally, the Special Rapporteur reiterates his readiness to
provide his full collaboration and assistance in this cause of common concern.
Notes
1/ A/37/40, annex V . general comment 16 (6), para. 6.
2/ For example, in resolutions 2857 (XXVI) , 2393 (XXIII) and 39/118.
3/ A/37/40, annex V, general comment 6 (16), para. 7.
