UNITED
NATIONS
E
Economic and Social
Distr.
GENERAL
Council
E/CN.4/1995/61
14 December 1994
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Fifty-first 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 1994/82
CONTENTS
Paragraphs Page
Introduction 1 - 3 5
Chapter
I. THE MANDATE
II. METHODS OF WORK .
III. ACTIVITIES . . . .
A. Consultations
B. Communications
4- 8 6
9 - 12 9
13 - 40 11
14 - 15 11
16 - 25 11
C. Visits . . 26 - 31
D. Cooperation with other United Nations procedures 32 - 37
E. Other activities to promote the mandate . .
13
14
38 - 40 15
GE.94-75049 (E)
E/CN. 4/1995/61
page 2
CONTENTS ( continued)
Paragraphs Page
Chapter
IV. SITUATIONS . . . 41 - 351 17
A. General . 41 - 43 17
B. Country situations 44 - 351 17
Afghanistan 44 17
Algeria 45 - 49 18
Angola 50 - 53 19
Argentina 54 - 57 20
Azerbaijan 58 - 59 21
Bangladesh 60 - 65 22
Bolivia 66 24
Bosnia and Herzegovina 67 24
Brazil 68 - 75 24
Burundi 76 - 80 26
Cambodia 81 - 83 28
Cameroon 84 - 85 29
Central African Republic 86 - 87 29
Chad 88 - 90 30
Chile 91 - 93 31
China 94 - 99 31
Colombia 100 - 111 33
Costa Rica 112 39
Cuba 113 - 115 39
Djibouti 116 - 117 40
Ecuador 118 40
Egypt 119 - 127 41
El Salvador 128 - 132 43
Ethiopia 133 - 137 45
Gabon 138 - 140 46
Guatemala 141 - 150 47
Haiti 151 - 153 52
Honduras 154 - 156 52
India 157 - 172 53
Indonesia 173 - 176 58
Iran (Islamic Republic of) 177 - 182 59
Iraq 183 - 189 60
Israel 190 - 195 62
Italy 196 - 197 64
Japan 198 - 199 65
Kazakhistan 200 - 201 65
Chapter
CONTENTS ( continued )
E/cN. 4/1995/61
page 3
Paragraphs
Page
B. Country situations
Kuwait . . .
Kyrgyzstan .
Lebanon . .
Liberia . .
Malaysia . .
Mali . . . .
Mexico . . .
Morocco . .
Myanmar . .
Nepal . . .
Nicaragua .
Niger . . .
Nigeria . .
Pakistan . .
Peru . . . .
Philippines
Portugal . .
Rwanda . . .
Saudi Arabia
Sierra Leone
Singapore .
Somalia . .
South Africa
Sri Lanka .
Sudan . . .
Syrian Arab
Tajikistan .
Togo . . . .
Trinidad and
Turkey . . .
Ukraine . .
( continued )
202 - 205
206
207 - 208
209
210 - 212
213 - 215
216 - 225
226
227 - 230
231 - 233
234
235
236 - 242
243 - 249
250 - 262
263 - 268
269
270 - 276
277 - 278
279
280
281 - 283
284 - 287
288 - 294
295 - 296
297
298 - 300
301 - 305
306 - 307
308 - 315
316 - 317
318
319 - 324
325 - 331
332
333 - 334
335 - 343
344 - 345
346 - 351
Republic
Tobago
Britain and
66
67
67
68
68
69
70
73
73
75
75
75
75
78
79
84
85
85
87
87
88
88
89
90
92
92
93
93
95
96
98
99
99
101
102
102
103
105
106
United Arab Emirates . .
United Kingdom of Great
Northern Ireland . . .
United States of America
Uruguay
Uzbekistan
Venezuela
Yemen
Zaire
E/CN. 4/1995/61
page 4
CONTENTS ( continued)
Paragraphs Page
Chapter
V. CONCLUSIONS AND RECOMMENDATIONS 352 - 438 108
A. Activities - procedural matters 355 - 371 108
B. Violations of the right to life - allegations
received and acted upon 372 - 410 115
C. Issues of special concern to the Special
Rapporteur 411 - 438 125
JIInex: Introductory statement of the Special Rapporteur to the
Commission on Human Rights at its fiftieth session . . . . . 135
E/cN. 4/1995/61
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Introduction
1. The present report is submitted pursuant to Commission on Human Rights
resolution 1994/82 of 9 March 1994, entitled “Extrajudicial, summary or
arbitrary executions” . This report is the third presented to the Commission
on Human Rights by Mr. Bacre Waly Ndiaye. It is the twelfth since the mandate
was established by the Economic and Social Council in its resolution 1982/35
of 7 May 1982.
2. Chapter I of the present report contains the terms of reference for the
discharge of the mandate in conformity with the aforementioned resolution and
for requests, made to the Special Rapporteur by the Commission on Human Rights
in other resolutions, to pay particular attention to a number of issues
related to violations of the right to life, as well as an overview of the
types of violations that fall within the mandate. Chapter II briefly refers
to the methods of work applied by the Special Rapporteur in the discharge of
his mandate. In chapter III, the Special Rapporteur presents an account of
the activities he has undertaken during the past years. More details on the
Special Rapporteur's work with regard to specific countries can be found in
chapter IV, which contains an analysis of the information received concerning
violations of the right to life, a summary of the allegations transmitted to
Governments and received from them as well as follow-up with authorities and
sources, and, where appropriate, specific comments, conclusions and
observations. Finally, in chapter V, the Special Rapporteur sets forth his
conclusions and closes his report with recommendations designed to improve
respect for the international instruments and standards to which his mandate
refers. The Special Rapporteur's introductory statement in which he presented
his report to the Commission on Human Rights at its fiftieth session is
included as annex to the present report.
3. The findings and concerns of the Special Rapporteur with regard to the
situation of the right to life in East Timor on the basis of an on-site visit
there in July 1994 are contained in an addendum to the present report
(E/cN.4/1995/61/Add.1). The report on the Special Rapporteur's mission to
Colombia, carried out in October 1994 jointly with the Special Rapporteur on
the question of torture, is contained in a second addendum E/CN.4/1995/111) .
These mission reports also contain observations, conclusions and
recommendations.
E/CN. 4/1995/61
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I. THE MANDATE
4. As in former years, the Commission on Human Rights, in
resolution 1994/82, requested the Special Rapporteur to continue to examine
situations of extrajudicial, summary or arbitrary executions (para. 5) and to
pay special attention to extrajudicial, summary or arbitrary executions of
children and women and to violations of the right to life in the context of
violence against participants in demonstrations and other peaceful
manifestations or against persons belonging to national or ethnic, religious
and linguistic minorities (para. 8) . In the same resolution, the Commission
also requested the Special Rapporteur to continue monitoring the
implementation of existing standards on safeguards and restrictions relating
to the imposition of capital punishment (para. 10) .
5. Several other resolutions of the Commission on Human Rights also have a
bearing on the Special Rapporteur's mandate, as they set forth requests to
special rapporteurs to pay particular attention to a number of issues within
the framework of their mandates:
(a) In resolution 1994/22, entitled “Rights of persons belonging to
national or ethnic, religious and linguistic minorities”, the Special
Rapporteur is urged to continue to give due regard to the Declaration on the
Rights of Persons Belonging to National or Ethnic, Religious and Linguistic
Minorities;
(b) In resolution 1994/33, entitled “Right to freedom of opinion and
expression”, the Special Rapporteur is invited to pay attention, in the
framework of his mandate, 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;
(c) In resolution 1994/34, entitled “Human rights in the administration
of justice”, the Special Rapporteur is called upon to continue to provide,
wherever appropriate, specific recommendations concerning effective protection
of human rights in the administration of justice, including proposals for
concrete measures under the United Nations programme of advisory services and
technical assistance in the field of human rights;
(d) In resolution 1994/42, entitled “Staff members of the
United Nations and of the specialized agencies in detention”, the Special
Rapporteur is requested to examine, as appropriate, the cases involving the
human rights 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;
(e) In resolution 1994/45, entitled “Question of integrating the rights
of women into the human rights mechanisms of the United Nations and the
elimination of violence against women”, the Special Rapporteur is requested to
include regularly and systematically in his report available information on
human rights violations against women;
E/cN. 4/1995/61
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(f) In resolution 1994/46, entitled “Human rights and terrorism”, the
Special Rapporteur is urged to address, as appropriate, the consequences of
acts, methods and practices of terrorist groups in his report to the
Commission on Human Rights;
(g) In resolution 1994/53, entitled “Human rights and thematic
procedures”, the Special Rapporteur is requested, inter alia , to include in
his report gender-disaggregated data and to address the characteristics and
practice of violations of the right to life that are specifically or primarily
directed against women, or to which women are particularly vulnerable;
(h) In resolution 1994/66, entitled “Human rights and mass exoduses”,
the Special Rapporteur is called upon to seek information, where appropriate,
on problems resulting in mass exoduses of populations or impeding their
voluntary return home and, where appropriate, to include such information,
together with recommendations thereon, in his report to the Commission on
Human Rights;
(i) In resolution 1994/67, 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;
(j) In resolution 1994/69, entitled “Advisory services and the
Voluntary Fund for Technical Cooperation in the Field of Human Rights”, the
Special Rapporteur is invited to continue to include in his recommendations,
whenever appropriate, proposals for specific projects to be realized under the
programme of advisory services;
(k) In resolution 1994/70, 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;
(1) In resolution 1994/93, entitled “The plight of street children”,
the Special Rapporteur is called upon to pay particular attention to the
plight of street children;
(m) In resolution 1994/95, entitled “World Conference on Human Rights”,
the Special Rapporteur is requested to include in his report, where
appropriate, a section on the implementation of the recommendations contained
in the Vienna Declaration and Programme of Action.
6. 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 V, within the analysis of the Special Rapporteur's activities and the
procedures applied in the framework of his mandate.
E/CN. 4/1995/61
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7. The “situations of extrajudicial, summary or arbitrary executions” which
the Special Rapporteur is requested to examine 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, 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. They may be grouped
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.
8. 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 II 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) . A list of the most important international instruments which
constitute the legal framework for the work of the Special Rapporteur is
contained in his report to the Commission on Human Rights at its fiftieth
session (E/CN.4/1994/7, para. 10) .
E/cN. 4/1995/61
page 9
II. METHODS OF WORK
9. In resolution 1994/82, 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. 6) .
By the same resolution, the Commission commended the Special Rapporteur “for
his methods of following up on communications with Governments and sources
of information”, and encouraged him “to enhance further his dialogue with
Governments as well as to follow up on recommendations made in reports after
visits to particular countries” (para. 7) . Furthermore, the Commission
welcomed “the cooperation established between the Special Rapporteur and other
United Nations mechanisms and procedures in the field of human rights, as well
as with medical and forensic experts”, and [ encouraged him] to continue
efforts in this regard (para. 11) .
10. Resolution 1994/53 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 monitoring
bodies and country rapporteurs.
11. On the basis of these provisions, the Special Rapporteur has continued to
transmit allegations of violations of the right to life received from credible
sources to the Governments concerned. As in former years, such communications
took the form of urgent appeals where violations of the right to life were
said to be imminent or threatened. In such cases, the Special Rapporteur
called on the authorities to adopt the necessary measures for the protection
of the right to life and physical integrity of the persons at risk. Where it
was reported to the Special Rapporteur that extrajudicial, summary
or arbitrary executions had already taken place, these allegations were
transmitted to the Governments in summarized form, and the Special Rapporteur
asked to be provided with detailed information concerning the investigations
carried out by the competent authorities to clarify the facts and identify
those responsible, as well as steps taken to bring the authors of such
violations to justice and sanction them, grant adequate compensation to the
victims or their families and prevent the future recurrence of violations of
the right to life. To the extent possible, the Special Rapporteur followed
up on these allegations and the replies received from Governments which could
not be considered as final. Visits, consultations with a number of other
United Nations mechanisms for the protection of human rights, as well as
activities to promote the mandate, also continued to form part of the Special
Rapporteur's methods of work, a detailed account of which can be found in
chapter III below.
E/CN. 4/1995/61
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12. In his report to the Commission on Human Rights at its fiftieth session,
the Special Rapporteur described in detail the procedures established within
the framework of the mandate on extrajudicial, summary or arbitrary
executions, efforts undertaken to refine these procedures and increase their
effectiveness, as well as difficulties encountered in the practice of their
application (E/cN.4/1994/7, paras. 17-67) . Issues concerning procedural
matters will be discussed in chapter V which contains, inter alia , the Special
Rapporteur's analysis of the developments of the working of his mandate during
the past year.
E/cN. 4/1995/61
page 11
III. ACTIVITIES
13. The following sections give an account of the activities carried out by
the Special Rapporteur in the implementation of the mandate entrusted to him
by the Commission on Human Rights.
A. Consultations
14. The Special Rapporteur visited Geneva from 23 February to 1 March 1994.
On 2 March 1994, he presented his report to the Commission on Human Rights.
The Special Rapporteur also visited Geneva from 24 May to 3 June 1994,
18 to 21 June 1994, 20 to 22 July 1994, 14 to 23 September 1994 and 21 to
25 November 1994 for consultations with the Secretariat. During his visits to
Geneva, he met with the High Commissioner for Human Rights, a number of other
special rapporteurs, representatives and members of working groups of the
Commission on Human Rights. He also held meetings with representatives of
Governments and non-governmental organizations, as well as with individuals
who have themselves been victims of, or witnesses to, violations of the right
to life. During 24 and 25 May 1994, the Special Rapporteur participated in
the third special session of the Commission on Human Rights, dedicated to the
situation in Rwanda.
15. Furthermore, from 30 May to 1 June 1994, the Special Rapporteur
participated in the meeting of special rapporteurs/representatives/experts and
chairpersons of working groups of the special procedures of the Commission on
Human Rights and of the advisory services programme of the Centre for Human
Rights in Geneva, convened by the Assistant Secretary-General for Human Rights
and chaired by the Chairman of the Working Group on Enforced or Involuntary
Disappearances, with the participation of the High Commissioner for Human
Rights.
B. Communications
16. The Special Rapporteur continued to receive numerous reports and
allegations concerning his mandate. As in the past, some of them referred to
the phenomenon of extrajudicial, summary or arbitrary executions in general;
others contained particular cases of alleged extrajudicial, summary or
arbitrary executions. This information was processed and allegations sent to
the Governments concerned in accordance with the methods of work established
within the framework of the mandate. The efforts made during 1993 to enhance
follow-up with Governments and sources of information translated into an
increased number of follow-up communications received during 1994. The
Special Rapporteur continued his endeavour to follow up on the cases
transmitted to Governments since he assumed his functions in June 1992.
17. In total, the Special Rapporteur transmitted to the Governments concerned
allegations he had received concerning violations of the right to life of more
than 3,000 persons in 65 countries. A total of 152 cases concerned alleged
extrajudicial executions or death threats where the victims were minors, 9 of
whom were said to be under 10 years of age, 10 street children; 118 cases
concerned alleged violations of the right to life of women. 1/ More than
520 persons were said to have been killed or threatened with death for
exercising their right to freedom of opinion and expression, peaceful assembly
E/CN. 4/1995/61
page 12
and association. In 19 countries, members of indigenous groups or other
ethnic, national, religious or linguistic minorities were said to have been
victims of violations of the right to life.
Urgent appeals
18. Since 23 November 1993, the date of the finalization of his report to
the Commission on Human Rights at its fiftieth session, the Special Rapporteur
has sent 203 urgent appeals concerning more than 2,300 persons to the
following 53 countries: Angola, Argentina, Bangladesh, Bosnia and
Herzegovina, Brazil, Burundi, Cambodia, Cameroon, Central African Republic,
Chad, Colombia, Costa Rica, Cuba, Djibouti, Egypt, El Salvador, Ethiopia,
Gabon, Guatemala, Haiti, Honduras, India, Iran (Islamic Republic of) , Iraq,
Israel, Kazakhstan, Kuwait, Kyrgyzstan, Lebanon, Mexico, Myanmar, Nepal,
Nigeria, Pakistan, Peru, Philippines, Portugal, Rwanda, Sierra Leone,
Singapore, South Africa, Tajikistan, Togo, Trinidad and Tobago, Turkey,
Ukraine, United Arab Emirates, United Kingdom of Great Britain and Northern
Ireland, United States of America, Uzbekistan, Venezuela, Yemen and Zaire.
19. Pursuant to Commission on Human Rights resolution 1994/70, the
Special Rapporteur sent urgent appeals to the Governments of Argentina,
Colombia, Guatemala, Honduras, Peru and Rwanda on behalf of persons
or organizations which had allegedly received death threats after availing
themselves of United Nations procedures for the protection of human rights.
Other allegations
20. Allegations concerning the extrajudicial, summary or arbitrary
execution of over 700 persons were transmitted to the following 45 countries:
Afghanistan, Angola, Argentina, Bangladesh, Bolivia, Brazil, Cambodia,
Cameroon, Chile, China, Colombia, Djibouti, Egypt, El Salvador, Ethiopia,
Guatemala, Honduras, India, Indonesia, Iran (Islamic Republic of) , Israel,
Italy, Japan, Lebanon, Mali, Mexico, Morocco, Myanmar, Nepal, Niger, Nigeria,
Pakistan, Peru, Philippines, Saudi Arabia, South Africa, Sri Lanka,
Syrian Arab Republic, Togo, Turkey, United Kingdom of Great Britain and
Northern Ireland, United States of America, Uruguay, Venezuela and Zaire.
21. The Special Rapporteur would like to thank all those who provided him
with information. He wishes to express his particular appreciation and
admiration for those individuals or organizations which carry out their
activities for the defence of human rights and, in particular, the right to
life, under difficult circumstances and often at great personal risk.
Communications received from Governments and follow-up
22. Since the finalization of his report to the Commission on Human Rights
at its fiftieth session, the Special Rapporteur has received a large number
of replies. The following Governments provided such replies concerning
allegations transmitted to them:
(a) In 1994: Angola, Argentina, Bangladesh, Brazil, Burundi, Colombia,
Costa Rica, Egypt, Gabon, Guatemala, India, Iran (Islamic Republic of), Iraq,
Italy, Japan, Kazakhstan, Kuwait, Mali, Mexico, Myanmar, Nepal, Nigeria, Peru,
E/cN. 4/1995/61
page 13
Philippines, Saudi Arabia, Syrian Arab Republic, Togo, Turkey, Ukraine,
United Kingdom of Great Britain and Northern Ireland, Uzbekistan, Venezuela
and Zaire;
(b) In 1993: Angola, Argentina, Bangladesh, Brazil, Chile, China,
Colombia, Cuba, Ecuador, Egypt, El Salvador, Ethiopia, Guatemala, India,
Kuwait, Malaysia, Mexico, Nicaragua, Pakistan, Peru, Philippines, Sri Lanka,
Sudan, Turkey and Venezuela;
(c) In 1992: Angola, Bangladesh, Brazil, Guatemala, Mexico, India,
Peru and Venezuela.
23. The Special Rapporteur wishes to thank these Governments for the
information provided. Their willingness to cooperate with his mandate is much
appreciated, and the Special Rapporteur hopes that the dialogue thus initiated
will continue, in the common interest of the protection of the right to life.
24. In accordance with the procedures established, the contents of the
replies received were sent to the sources of the allegations, some of which
provided the Special Rapporteur with their comments and observations thereon.
The Special Rapporteur also sent follow-up letters to a number of Governments
from which he had received replies that could not be considered as final.
25. A number of Governments have not replied to allegations of extrajudicial,
summary or arbitrary executions brought to their attention. For a detailed
analysis of the responses of Governments to the allegations transmitted to
them and the effectiveness of the follow-up procedures established within his
mandate, the Special Rapporteur refers to chapter V below.
C. Visits
26. From 3 to 13 July 1994, the Special Rapporteur visited Indonesia and
East Timor, after the Government of Indonesia extended an invitation to him
to do so, pursuant to Commission on Human Rights resolution 1993/97. The
Special Rapporteur's report on this visit, which includes his findings,
conclusions and recommendations, was published in November 1994
(E/cN.4/1995/61/Add.1) .
27. From 17 to 26 October 1994, the Special Rapporteur undertook a visit
to Colombia with a view to examining the current situation of violations of
the right to life and, particularly, to following up on the recommendations
made by his predecessor as Special Rapporteur on Summary or arbitrary
executions, Mr. S. Amos Wako, after his visit to Colombia in October 1989
(E/cN.4/1990/22 and Add.1) . Given the affinity between problems relating
to the right to life and the right to physical integrity, as well as the fact
that both Special Rapporteurs had received invitations from the Government of
Colombia to visit the country, the mission was carried out jointly with the
Special Rapporteur on the question of torture, Mr. Nigel S. Rodley. Their
joint report is presented to the Commission on Human Rights in a separate
document (E/cN.4/1995/111) .
28. At present, the Special Rapporteur is in possession of open
invitations from the Governments of Algeria, Azerbaijan, Burundi, Gabon
E/CN. 4/1995/61
page 14
and Sri Lanka. Both the visit to Burundi, scheduled for April 1994 and the
visit to Azerbaijan, planned for the second half of August 1994, had to be
postponed to a later date in view of the urgent situation in Rwanda, which
forced the Special Rapporteur to review his mission schedule for 1994. For
the visits to Algeria and Sri Lanka, the Special Rapporteur has not yet been
in a position to suggest dates for a possible visit to the Governments
concerned. With regard to a possible visit to Gabon, reference is made to
paragraph 139 of the present report.
29. Consultations with the Government of India concerning a possible visit
have not advanced since 1993. The Government of Bangladesh refused to extend
an invitation to the Special Rapporteur, while the Government of Turkey, in
1992, agreed to the principle of a visit but has since eschewed all attempts
by the Special Rapporteur to set concrete dates for such a visit.
30. No replies have as yet been received from the following Governments,
which the Special Rapporteur had approached regarding the possibility of
conducting a visit: China, Tajikistan and the United States of America.
31. For further details, reference is made to the corresponding country
sections contained in the present report.
D. Cooperation with other United Nations procedures
32. The year 1994 saw a marked increase in cooperation and coordination
between the different experts of the Commission on Human Rights. One of
the major events in this regard was the meeting of special rapporteurs/
representatives/experts and chairpersons of working groups of the special
procedures of the Commission on Human Rights and of the advisory services
programme of the Centre for Human Rights held from 30 May to 1 June 1994 in
Geneva. The Special Rapporteur very much welcomed this opportunity to meet
his colleagues and discuss issues of common concern. The results of these
consultations are contained in a report prepared by the Special Rapporteur
on the question of torture, who acted as rapporteur of the meeting
(E/cN.4/1995/5, annex).
33. The practice of joint missions, first instituted under the mandate of the
Special Rapporteur on the situation of human rights in the former Yugoslavia
in 1992, was continued in 1994. Unfortunately, the first such initiative
planned for the month of April - a joint visit to Burundi and Rwanda with the
Representative of the Secretary-General on internally displaced persons - had
to be abandoned due to the outbreak of the armed conflict in Rwanda on
6 April 1994. However, two joint missions could take place during 1994.
34. From 10 to 20 June 1994, at the invitation of the Special Rapporteur
on the situation of human rights in Rwanda, Mr. Rena Degni-S gui, the
Special Rapporteur participated in the first mission of this newly established
mandate to Rwanda and neighbouring countries. The Special Rapporteur on the
question of torture also took part in this visit. Due to the difficult
situation then prevailing in Rwanda and the resulting logistical constraints
affecting transport to, and accommodation in, Kigali, the mission was obliged
to split. Thus, the Special Rapporteur accompanied Mr. Degni-S gui to
Bujumbura (Burundi) and Nairobi (Kenya), and then visited the refugee camp of
E/cN. 4/1995/61
page 15
Benaco (United Republic of Tanzania) on behalf of the Special Rapporteur on
the situation of human rights in Rwanda. The conclusions and recommendations
resulting from this joint mission are contained in Mr. Degni-S gui's first
report to the Commission on Human Rights, presented on 29 July 1994
(E/cN. 4/1995/7) .
35. From 17 to 26 October 1994, the Special Rapporteur visited Colombia,
together with the Special Rapporteur on the question of torture. It should
be noted that this was the first joint mission of two thematic special
rapporteurs. The Special Rapporteur feels that in a context such as the
situation in Colombia, where violations of the right to life and the right to
physical integrity are very much linked, the combined experience and expertise
of the two mandates were most beneficial to the success of the mission.
36. Furthermore, during his visits to Geneva, the Special Rapporteur had the
opportunity to exchange views with the High Commissioner for Human Rights,
particularly on the situation in Rwanda and Burundi. As in former years, he
held informal consultations with several other special rapporteurs and members
of working groups of the Commission on Human Rights. Exchange of information
also continued with the Committee on the Rights of the Child and other treaty
bodies, particularly the Human Rights Committee, and with the United Nations
High Commissioner for Refugees, concerning some specific cases of common
interest. During his missions, the Special Rapporteur also benefited from the
support and cooperation of the UNDP resident representatives in Bujumbura,
Jakarta and Bogota as well as the United Nations Rwanda Emergency Office
(tJNREO) in Nairobi.
37. The Special Rapporteur notes with regret that no reply was received to
his inquiries about steps taken by those responsible for the United Nations
peace-keeping operation in Somalia to investigate allegations of involvement
of their personnel in extrajudicial killings of civilians. His attempts
to establish contacts with the Crime Prevention and Criminal Justice Branch
of the United Nations Centre for Social Development in Vienna were also
unsuccessful. The Special Rapporteur will again approach these institutions
and hopes that contacts may be made in the near future.
E. Other activities to promote the mandate
38. From 28 to 31 March 1994, the Special Rapporteur delivered a speech on
human rights in Africa at a conference organized by the African-American
Institute in Accra. On 24 May 1994, the Special Rapporteur participated in a
special meeting on the situation in the countries of the Grands Lacs region
(Rwanda, Burundi, Zaire) , organized by the World Organization against Torture
in Geneva. From 27 to 30 June 1994, the Special Rapporteur participated in a
meeting on human rights and structural adjustment programmes in Ouagadougou.
Following his mission to East Timor, on 15 July 1994 the Special Rapporteur
visited Australia at the invitation of the Australian section of Amnesty
International. Finally, on 1 November 1994, he gave a lecture on his mandate
at Hunter College, City University of New York.
E/CN. 4/1995/61
page 16
39. In September 1994, the Special Rapporteur was awarded the Human Rights
Prize 1994 by the International Service for Human Rights in Geneva. In his
address at the ceremony, the Special Rapporteur referred to a number of
questions related to his work, in particular the serious limitations caused by
the scarcity of human and material resources at his disposal.
40. The Special Rapporteur also contributed an article to a publication
of the French section of Amnesty International, aimed at raising public
awareness of the problem of extrajudicial, summary or arbitrary executions.
In addition, the Special Rapporteur tried to explain the purpose and working
of his mandate to a broader public in a number of press interviews.
E/cN. 4/1995/61
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IV. SITUATIONS
A. General
41. The following sections contain an overview of country-specific
situations. They present a short summary of allegations of violations of
the right to life as well as general information pertinent to his mandate
received by the Special Rapporteur during the past year and an account of the
communications sent, in response to these allegations, to the Governments
concerned, as well as of replies received from Governments. As concerns the
replies received from Governments, those referring to allegations transmitted
by the Special Rapporteur in 1992 and 1993 are included under the heading
“Follow-up”, together with communications in which he asked the Governments
concerned to provide details in addition to those contained in the replies
received. Finally, where appropriate, the Special Rapporteur concludes the
country sections with observations that contain specific comments, conclusions
and recommendations.
42. The present report contains an account of all communications sent and
government replies received by the Special Rapporteur between 23 November 1993
and 25 November 1994, with the exception of a reply from China which was
received on 19 November 1993 but could not be translated before the closing
date for the preparation of the Special Rapporteur's report to the Commission
on Human Rights at its fiftieth session. It should be noted that, unless
otherwise specified in the text, the dates of urgent appeals sent and
communications received from Governments are given in parenthesis. During
1994, the Special Rapporteur sent letters containing allegations on two
occasions, namely on 3 June and on 23 September 1994. Unless otherwise
stated, follow-up letters were also sent on 23 September 1994.
43. Due to severe limitations on the length of the present report, the
Special Rapporteur was compelled to shorten considerably this overview of
information received and activities carried out for each specific country.
In most cases, he could no longer present a summary of the cases he dealt
with, but had to limit himself to listing the names of those on whose behalf
he intervened. While he regrets this limitation, which inevitably entails a
reduction of the information contained in the present report, the Special
Rapporteur wishes to emphasize that full details on each of these cases can be
obtained from the Secretariat.
B. Country situations
Afghanistan
44. During 1994, the Special Rapporteur received reports indicating that
the armed conflict between different factions continued unabated, causing
the death of more than 3,000 civilians during the first half of the year.
However, he received only one case containing enough information to enable it
to be transmitted to the Government. These allegations concerned the death of
Mir Wais Jalil, EEC World Service journalist, after having been abducted in
Kabul on 29 July 1994. By the time the present report was finalized, no reply
had been received from the Government. With regard to an analysis of the
E/CN. 4/1995/61
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situation prevailing in Afghanistan, reference is made to the report of
the Special Rapporteur on the situation of human rights in the country,
Mr. Felix Ermacora (E/CN.4/1995/64) .
Algeria
Information received and communications sent
45. During 1994, the Special Rapporteur received reports indicating that
violations of the right to life continued on an alarming scale. Security
forces were said to counter acts of violence by Islamist groups through
repressive measures throughout the country. According to press reports, the
number of death sentences handed down by Special Courts had reached 489 by
mid-May. Six death sentences were said to have been carried out by that date.
The Special Rapporteur has not received any allegations containing specific
cases during the past year.
Follow-up
46. Further to his urgent appeal of 1 July 1993 (see E/CN.4/1994/7,
para. 107), the Special Rapporteur, on 3 December 1993, sent a letter to the
Government of Algeria expressing concern at a number of provisions contained
in Decree No. 92-30 of 30 September 1992, in particular, an extension of the
death penalty to off ences previously punishable with life imprisonment; the
Decree also contained a number of limitations with regard to defendants'
rights, resulting in a lower standard of procedural rights for defendants in
Special Court by comparison with ordinary courts. The Special Rapporteur also
expressed concern with regard to restrictions on the full exercise of right to
appeal in proceedings before Special Courts and the possibility that, under
Decree No. 92-30, death sentences might be imposed on persons between 16
and 18 years of age.
47. On 8 February 1994, the Government replied to this letter, explaining
that the exceptional limit of 12 days for garde-&-vue detention corresponded
to the degree of gravity, amplitude and complexity inherent in terrorism
cases. The Government pointed out that the right to appeal was fully
guaranteed through the review by cassation, by which the Supreme Court could
decide to refer the case to the same Special Court, but with a different
composition, or to another Special Court. In such cases, new proceedings were
started, allowing for the review of the facts by a different jurisdiction.
The provision enabling Special Courts to sentence minors between 16 and
18 years of age to death has never been applied. It was pointed out that this
provision had a deterrent character and was meant to warn young people.
It should make them reflect thoroughly before joining the Islamic Salvation
Front (FIS) and alert parents to exercise their authority to prevent their
children from engaging in terrorism and subversion. Furthermore, the
Government pointed out that death sentences handed down in absentia were
subject to appeal, once the defendants were apprehended, and should therefore
not be included in the number of death sentences handed down. Thus, as
at 31 December 1993, 5,752 persons had been tried by Special Courts; the
number of definitive death sentences handed down, i.e. with the defendants
present, was 22.
E/cN. 4/1995/61
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Observations
48. The Special Rapporteur wishes to thank the Government for the information
provided and their willingness to cooperate. However, his concerns regarding
procedural shortcomings before the Special Courts persist, even if the number
of executions actually carried out appears to be small. Similarly, the fact
that the possibility of sentencing to death, and executing, minors exists
under the law constitutes a breach of the prohibition of capital punishment
for crimes committed by minors contained in article 6, paragraph 2, of the
International Covenant on Civil and Political Rights and article 37 (a) of the
Convention on the Rights of the Child. The Special Rapporteur reiterates his
appeal to the authorities to revise its legislation so as to make it conform
to the pertinent international standards.
49. The Special Rapporteur is also deeply concerned at the continuing
conflict and the large numbers of victims on both sides, in particular
civilians. Reports of killings of numerous persons who expressed criticism at
the ongoing violence, including teachers, journalists, lawyers and judges, are
particularly disturbing. The Special Rapporteur wishes to emphasize that,
even when confronting an armed opposition whose members very often show total
disrespect for the right to life and the physical integrity of security forces
and civilians, law enforcement personnel are bound by international law to
respect fully the restrictions on the use of force and firearms as contained
in a number of international instruments. The Special Rapporteur appeals to
the Government to ensure this respect in practice. He also urges the
authorities to conduct exhaustive and impartial investigations into all cases
of excessive or arbitrary use of force, to bring those responsible to justice
and punish them, and to grant adequate compensation to the families of the
victims. Finally, the Special Rapporteur calls on the Government and the
leaders of the FIS to continue efforts towards negotiations with a view to
ending the armed confrontation and violations of human rights resulting
therefrom.
Angola
Information received and communications sent
50. According to the information received, the armed conflict between the
Government and the National Union for the Total Independence of Angola (tINITA)
continued in 1994. However, the reports received contained only very few
specific cases of alleged extrajudicial, summary or arbitrary executions. All
of these cases were said to have occurred in 1993 in the city of Benguela and
concerned the following seven persons: Pedro Katenguenha, Constantino Chitue,
Pastor Agostinho Canjila, Joao Batista, Batista Limila, Dr. Belchior Rodrigues
and Dr. Elias Chipindula. In addition, the Special Rapporteur sent an urgent
appeal to the Government after receiving reports of an attack, allegedly by
members of the police and the military, against Mfulumpinga N'Landu Victor,
President of the Democratic Party for the Progress of the National Alliance of
JIIgola, (6 July 1994) .
E/CN. 4/1995/61
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Communications received
51. On 19 October 1994, the Government informed the Special Rapporteur
that judicial inquiries had revealed that internal tensions within his own
political party were a possible motive for the attack against
Mfulumpinga N'Landu Victor.
Follow-up
52. On 24 October 1994, the Government provided a reply to allegations
transmitted by the Special Rapporteur in 1992, 1993 and on 3 June 1994,
informing him that in most of the cases it was not possible to carry out any
investigations due to the situation of armed conflict which had affected,
inter alia , the archives of the police and the courts. With regard to the
allegations concerning the death of Dr. Elias Chipindula, the Government
pointed out that he was alive and working at the Provincial Tribunal of
Benguela.
Observations
53. The Special Rapporteur thanks the Government for the information
provided. Reports about large-scale and widespread violations of human rights
and humanitarian law entailing the death of large numbers of civilians,
through deprivation of food or indiscriminate attacks, continued to be most
worrying. The Special Rapporteur wishes to express his hope that the accord
signed recently between the Government and UNITA will constitute a new
beginning in the process towards peace and reconciliation in Angola, and calls
on both parties to make every effort to ensure respect for the right to life
and physical integrity.
Argentina
Communications sent
54. Three urgent appeals were sent to the Government after the Special
Rapporteur had received reports of death threats against the following
persons: Elena Mendoza, a lawyer working with the organization Abuelas de
la Plaza de Mayo (Grandmothers of the Plaza de Mayo) (25 September 1994) ;
Hebe de Bonafini, President of the organization Madres de la Plaza
de Mayo (Mothers of the Plaza de Mayo) (13 October 1994) ; and
Dr. Federico Alfredo Huber, a lawyer representing the family of a young
engineer, Diego Rodriguez Laguens, allegedly killed by police officers while
in custody in San Pedro, Jujuy, on 20 February 1994 (20 October 1994) .
Furthermore, the Special Rapporteur transmitted to the Government the case of
Omar Octavio Carrasco, who reportedly disappeared and was found dead shortly
after his induction into military service on 6 March 1994.
Communications received
55. The Government informed the Special Rapporteur that penal proceedings
had been initiated with several charges including murder brought against
13 police officers in the case of Diego Rodriguez Laguens (8 June 1994) . In a
second reply dated 25 November 1994, the Government further reported that
E/cN. 4/1995/61
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judicial investigations were continuing. In the same letter, the Government
stated that a court order was issued to the police to protect the home of
Dr. Federico Huber, who was also given protection during his stay in the
province of Jujuy, and that Elena Mendoza had not followed up an invitation by
the Ministry of the Interior to bring complaints; she had also declined an
offer of police protection. With regard to alleged threats against
Hebe de Bonafini and other members of the Mothers of the Plaza de Mayo, the
Government reported that no steps could be taken as no complaint had been made
before any competent jurisdiction. Finally, the Government pointed out that
judicial proceedings had been opened against two members of the military and
two civilians in the case of the killing of Omar Octavio Carrasco.
Follow-up
56. The Government provided a reply to an urgent appeal sent by the Special
Rapporteur on behalf of Hebe de Bonafini in August 1993, stating that no
investigation into the case had been started as the alleged death threats had
not been reported to the judicial authorities by Mrs. de Bonafini or her
organization (4 February 1994) . The Special Rapporteur transmitted the
contents of both replies to the sources of the information. With regard to
the case of Diego Rodriguez Laguens, he asked the Government in a letter dated
23 September 1994 for further information on the progress of the judicial
proceedings and, in particular, the exact rank of the police officers involved
and whether disciplinary sanctions had been imposed on any of them.
Observations
57. The Special Rapporteur thanks the Government of Argentina for information
provided in reply to all the cases transmitted in 1994. The willingness of
the authorities to cooperate with his mandate thus shown is much appreciated.
However, he notes with concern the reports of death threats against human
rights activists and lawyers seeking to clarify the circumstances of alleged
human rights violations, in particular as concerns cases of disappearances
during the years of military rule. The recurrent reports of death threats
against Hebe de Bonafini and other members of the Mothers of the Plaza de Mayo
are most disturbing. The Special Rapporteur urges the authorities once again
to adopt all measures necessary for the protection of those whose life and
physical integrity are at risk. He also recalls the obligation of all
Governments under international law to carry out impartial and exhaustive
investigations into all allegations of violations of the right to life,
whether they be brought to the attention of the authorities by the victims
themselves, their families or lawyers, or by a competent international organ
such as the Special Rapporteur.
Azerbaij an
58. The Special Rapporteur was informed that the armed conflict between the
armed forces of Azerbaijan and forces composed of Armenians fighting for
self-determination in Nagorno Karabakh continued throughout 1994, despite
attempts at negotiating an end to the fighting through cease-fire agreements.
The Special Rapporteur also received reports of deaths in custody of persons
held in prisons in Azerbaijan, allegedly as a consequence of ill-treatment.
Some of them were said to have been sentenced to death earlier in trial
E/CN. 4/1995/61
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proceedings allegedly falling short of internationally recognized fair trial
standards, particularly as regards the right to appeal and to seek clemency.
The Special Rapporteur had transmitted two of these cases to the Government in
1992 and 1993, respectively. However, the information received in 1994 did
not include detailed information on further cases to be brought to the
attention of the authorities of Azerbaijan.
59. Concerned at the persistence and gravity of the allegations received, the
Special Rapporteur inquired, on 31 January 1994, whether the Government would
consider inviting him to carry out a visit to Azerbaijan. On 11 March 1994,
the Government responded positively to this request and the visit was planned
for the second half of August 1994. However, due to the developments of the
situation in Rwanda, the Special Rapporteur had to revise his schedule of
visits and was obliged to postpone his visit to Azerbaijan to a later date.
He wishes to thank the Government for the invitation extended and hopes to be
in a position to visit Azerbaijan in the near future.
Bangladesh
Information received and communications sent
60. During 1994, the Special Rapporteur continued to receive numerous
reports indicating that human rights violations, including extrajudicial,
summary or arbitrary executions, by members of the security forces of
Bangladesh continued to occur in the Chittagong Hill Tracts despite
negotiations between a government commission and the Jana Shanghati Samiti
(People's Solidarity Association), a political organization representing the
Jumma people, the indigenous inhabitants of the area. These negotiations
started in November 1992, and the unilateral cease-fire declared in
August 1992 by the Shanti Bahini , the armed wing of the JSS, was turned into a
mutual cease-fire agreement which was extended at each round of negotiations.
By S May 1994, seven rounds of dialogue had taken place. The Special
Rapporteur was informed, however, that one of the central problems remained to
be resolved: the attribution of land in the Chittagong Hill Tracts now
occupied by Bengali settlers but traditionally occupied and claimed by the
Jumma people.
61. The Special Rapporteur transmitted to the Government the case of
Chandu Moni Chakma and 12 other Jumma people, reportedly killed on
17 November 1993 when soldiers and Bengali settlers attacked a student
demonstration at Naniachar Thana, Rangamati. According to information
received later, up to 100 persons were killed during this attack. An
investigation into the case was reportedly carried out by a Government-
appointed judge, but by September 1994 its results had not yet been made
public.
62. The Special Rapporteur also sent an urgent appeal to the Government,
calling on the authorities to provide the necessary protection to writer and
journalist Taslima Nasreen, who had been forced into hiding by death threats
from fundamentalist Islamic groups (6 July 1994) .
E/cN. 4/1995/61
page 23
Communications received
63. On 19 October 1994, the Government provided the Special Rapporteur
with information concerning 6 of the 13 Jumma people killed at Naniachar,
informing him that complaints had been filed on behalf of each of them and
investigations were under way. The Government further informed the Special
Rapporteur that each victim's family had been allotted an amount of money,
warm clothes and food items. With regard to the remaining persons referred to
in the Special Rapporteur's letter, the Government stated that three of the
names did not appear to be correct and the remaining four had in fact not been
involved in the killings at Naniachar.
Follow-up
64. In a letter to the Government dated 23 September 1994, the Special
Rapporteur sought additional information with regard to a number of cases
transmitted to the authorities in 1992 and 1993 to which replies had been
provided but which did not elucidate all questions (see E/CN.4/1994/7,
paras. 140-143) . In particular, the Special Rapporteur asked to receive more
detailed information about investigations carried out and reports published as
a result thereof. In the same letter, the Special Rapporteur reiterated his
interest in carrying out a visit to Bangladesh, first expressed in a letter to
the Government on 29 July 1992. The Special Rapporteur pointed out that the
replies provided by the Government had been contested by the source of the
allegations, which reiterated its earlier allegations and claimed that the
information supplied by the Government did not provide an accurate account of
the circumstances. In addition, the authorities had not replied to the
Special Rapporteur's very detailed follow-up questions formulated in his
letter of 22 September 1993 (see E/CN.4/1994/7, para. 144). In this
situation, an on-site visit would be the only possibility for the Special
Rapporteur to find out which one of the contradicting versions presented
corresponds to reality.
Observations
65. The Special Rapporteur thanks the Government for the information
provided in its replies and hopes that the authorities may reconsider their
refusal to invite him to visit Bangladesh. However, he notes with concern the
continuing allegations of violations of the right to life and of the
obligation to carry out full, independent investigations and render their
results public. With regard to the killing of a large number of people
reported to have taken place at Naniachar in November 1993, the pattern
observed is similar to what happened after the massacre at Logang cluster
village in 1992 (see E/CN.4/1993/46, paras. 116-117) : an inquiry, headed by a
Government-appointed judge, was initiated, but its results have not been made
public nor is anyone known to have been held responsible for the killings.
The Special Rapporteur urges the Government to fulfil its obligation under
international law to clarify the circumstances of each alleged violation of
the right to life with a view to identifying those responsible and bringing
them to justice, and to take the appropriate measures to prevent similar acts
from happening again in the future. This obligation also requires that the
results of investigations be made public. Finally, the Special Rapporteur
also calls on the parties to the negotiations concerning the settlement of
E/CN. 4/1995/61
page 24
problems in the Chittagong Hill Tracts to make every effort so that these
negotiations may progress and lead to a peaceful solution of the crisis.
Bolivia
66. The Special Rapporteur transmitted to the authorities the case of
a Spanish citizen, Manuel Ram6n Puchol Pastor, allegedly killed on
9 February 1994 while in custody of the Bolivian army at San Matias,
department of Santa Cruz. An investigation commission was said to have been
established and some of the soldiers involved were reportedly arrested. By
the time the present report was finalized, no reply had been received from the
Government of Bolivia.
Bosnia and Herzegovina
67. The Special Rapporteur sent an urgent appeal to the Government after
being informed that Sretko Damjanovic and Borislav Herak were sentenced to
death by a military court in Sarajevo, after being convicted of genocide and
war crimes against civilians. During pre-trial detention and during the
proceedings before the court, they were said to have suffered restrictions
of access to their lawyers and of their right to prepare an adequate
defence. They were also said to have been tortured during interrogations
(10 March 1994) . By the time the present report was finalized, no reply had
been received from the Government. For an analysis of the human rights
situation in Bosnia and Herzegovina, reference is made to the reports of the
Special Rapporteur on the situation of human rights in the territory of the
former Yugoslavia, Mr. Tadeusz Mazowiecki (E/cN.4/1995/4, 10 and 57) .
Brazil
Information received and communications sent
68. During 1994, the Special Rapporteur continued to receive reports of
violence directed against street children. Several sources expressed concern
that the number of abuses, including extrajudicial, summary or arbitrary
executions, by members of the security forces, particularly the military
police, has not decreased. Only very few of those responsible for human
rights violations are brought to justice and held responsible. Killings in
the context of land conflicts in rural areas were also reported to continue
during the past year. Furthermore, the Special Rapporteur was also informed
of a study indicating that acts of violence against indigenous people had
doubled in 1993 as compared with 1992, including the killing of 16 Yanomami at
Haximu (see E/CN.4/1994/7, paras. 154 and 158 (d)) .
69. Four urgent appeals were sent to the Government. The Special Rapporteur
called on the authorities to adopt all necessary measures to guarantee the
protection of F bio de Oliveira (Barao, 13) and 53 other street children who,
together with two adults, had witnessed the extrajudicial execution of
7 street children by military police near the Candelaria church in
Rio de Janeiro in July 1993 (2 June 1994) . He also expressed concern at
reports of death threats against journalist Cesar Gomes Gama and other staff
of the newspaper Clasificados e informacioes (CINFORM) and Adelmo Peixoto
Hora Nunes, a military policeman, reportedly after they had published
E/cN. 4/1995/61
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information about the involvement of military police and other State
authorities in the activities of a “death squad” in Aracaju, Sergipe
(26 September and 13 October 1994) . Fears were also expressed for the lives
of a group of 500 landless rural workers and their families camped outside the
Fazenda Mocambo (Mocambo Estate) in Vitoria da Conquista, Bahia, after an
attack on 29 October 1994 in which two people, Manoel Bonfim Bastos and
Zilda de Jesus Silva, died and six others were seriously wounded by a group
of gunmen in which police officers were said to have participated
(14 November 1994) .
70. The Special Rapporteur also transmitted to the authorities the
cases of street children Marcos Jose do Espirito Santo (17) and Hemisferio
Peres Ferreira (16), reportedly killed by two military police agents on
29 November 1993 in Varzea Grande, Mato Grosso, and of Democlides Albuquerque
Carneiro, member of the Maxcui indigenous group, allegedly killed while in
police custody in Alto Alegria, Roraima, on 6 November 1993.
Communications received
71. In reply to the Special Rapporteur's urgent appeal of 26 September 1994
concerning alleged death threats against staff of the newspaper CINFORM, the
Government informed the Special Rapporteur about the steps taken to ensure the
lives and safety of the threatened persons (18 October 1994) .
Follow-up
72. The Government provided the Special Rapporteur with a series of replies
to allegations transmitted in 1992 and 1993, informing him that investigations
had been opened into the killings of street children Ademir Silveira
dos Santos et al . , (E/CN.4/1994/7, para. 153 (a)) (26 November 1993 and
3 June 1994) ; street children Erivan Jose da Silva and Jose Fernando Almeida
(E/cN.4/1993/46, para. 131) (30 November 1993); agricultural cooperative
leader Joaci Rodrigues da Silva (E/CN.4/1994/7, para. 155 (b))
(5 January 1994); and trade union leader Arnaldo Dalcidio Ferreira
(E/cN.4/1994/7, para. 155 (b)) (23 March 1994). In the case of Paulo Henrique
da Silva (E/cN.4/1994/7, para. 155 (b)), the Government informed the Special
Rapporteur that the inquiries had not yielded sufficient elements so as to
indict any policeman for the crimes of homicide or bodily injuries followed by
death (24 March 1994) .
73. The competent institutions were reportedly ordered to provide protection
to Archbishop Pedro Casaldaliga and Sister Cecilia Petrina da Carvalho
(E/cN.4/1994/7, para. 153 (c) ) (29 November 1993 and 3 January 1994) . In
addition, several communications from the Government concerned progress in
the proceedings concerning the killing of seven street children near the
Candelaria church in Rio de Janeiro in July 1993. JII indictment was returned
on 28 June 1994 against four persons, one of them a lieutenant in the
gendarmerie/military police and two other military policemen, who will be
tried by the Tribunal of the Grand Jury (3 January 1994, 27 June 1994,
18 October 1994) .
74. On 23 September 1994, the Special Rapporteur addressed a follow-up letter
to the Government in which he sought information in addition to the elements
E/CN. 4/1995/61
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provided by the authorities in the aforementioned replies, as well as in
communications received by the Special Rapporteur during the second half
of 1993, on the current status of investigations opened and the measures
adopted in practice to protect persons said to be under threat, as
appropriate. In reply to this letter, the Government informed the Special
Rapporteur in a communication of 8 November 1994 that the latest information
available on the cases in question had been transmitted to the Special
Rapporteur in the corresponding replies during 1993 and 1994.
Observations
75. The Special Rapporteur wishes to thank the authorities for their
willingness to cooperate with his mandate, shown repeatedly over the past
years. Their endeavours to provide information on the cases transmitted are
much appreciated. Nevertheless, concerns persist at the allegations received
and the Special Rapporteur encourages the Government to continue efforts
towards more effective protection of street children and those participating
in judicial proceedings as witnesses or in any other capacity. Initiatives
aiming at subjecting the military police to civilian courts are most useful
and should be pursued with vigour. In this context, the Special Rapporteur
wishes to recall once again the importance of fulfilling the obligation under
international law to investigate all allegations of violations of the right to
life, with a view to clarifying them, identifying those responsible and
bringing them to justice, preventing similar acts from happening again in the
future and granting adequate compensation to the victims or their families.
Burundi
Information received and communications sent
76. The Special Rapporteur was informed of the results of inquiries into
the violence following the attempted coup d'etat by the armed forces
on 21 October 1993, carried out by a commission of inquiry composed of several
international human rights organizations. This investigation concluded that
the majority of the military hierarchy of Burundi was involved in, or had
not opposed, the assassination of President Melchior Ndadaye and other
high-ranking government officials. The ensuing violence led to the death of
approximately 50,000 persons. Although the massacres had reportedly
abated by the end of 1993, the killing of several hundred persons was said to
have taken place in 1994, both in Bujumbura and in the countryside. After
President Cyprien Ntyamira, elected in January 1994 to succeed
President Ndadaye, died in the attack against the plane of Rwandan
President Juv nal Habyarimana on 6 April 1994, it was feared that the
situation would explode again. However, according to the reports received,
relative calm could be maintained. With regard to a detailed analysis of the
human rights situation in Burundi, the Special Rapporteur wishes to refer to
the report by the Secretary-General on the situation of human rights in the
country (E/CN.4/1995/66) and the report by the Representative of the
Secretary-General on internally displaced persons who visited Burundi in
September 1994 (E/cN.4/1995/50/Add.2).
77. Three urgent appeals were sent to the Government in 1994: the Special
Rapporteur expressed concern at the killing of some 50 civilians during the
E/cN. 4/1995/61
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months of January and February 1994 and more than 200 unarmed civilians,
allegedly by members of the army, in the Kamenge area of Bujumbura on
6 March 1994 (10 March 1994) . He urged the authorities once again to adopt
all necessary measures to prevent acts of violence, allegedly due to
disproportionate use of force, after receiving reports of further killings of
civilians in Kamenge as well as two other districts of Bujumbura, Cibitoke and
Kinama (25 March 1994) . In addition, the Special Rapporteur sent an urgent
appeal after being informed that a group of refugees from Rwanda, including
Alphonse-Marie Nkubito, former Procurator General at the Appeals Court, were
being held at Bujumbura airport to be sent to Bukavu, Zaire, where their lives
were feared to be at risk due to the presence of elements of the Rwandan
government forces (13 April 1994) .
Communications received
78. On 11 May 1994, the Government replied to the Special Rapporteur's urgent
appeal of 13 April 1994, informing him that Alphonse-Marie Nkubito had left
Burundi for Brussels, while the remaining 186 refugees had been transported to
Bukavu at their own request. In a letter dated 23 September 1994, the Special
Rapporteur thanked the authorities for the information provided.
Observations
79. In view of the scale and gravity of violations of the right to life
reported to have occurred in Burundi throughout 1993, particularly during the
months of October and November, the Special Rapporteur had intended to carry
out a visit to Burundi during the first half of 1994, together with the
Representative of the Secretary-General on internally displaced persons.
A request to this effect had been made to the Government on 17 December 1993
and an invitation to visit Burundi was extended by the authorities on
17 January 1994. On 24 January 1994, the two experts proposed that the visit
should take place at the end of April. However, shortly thereafter, the
Special Rapporteur was informed that a commission of inquiry had been
established under the responsibility of the Special Representative of the
Secretary-General on Burundi, with a mandate that overlapped to a large extent
the one entrusted to the Special Rapporteur. Thus, the Special Rapporteur
decided to await the results of the investigation carried out by the
commission of inquiry and to postpone his visit to a later date. It should be
noted, however, that, despite an attempt by the Special Rapporteur to
establish contacts with the commission, he has not been informed of the
outcome of their activities.
80. The Special Rapporteur continued to observe events in Burundi with
concern. Indeed, information confirming the persistence of such violations
could be obtained by the Special Rapporteur during the short visit to
Bujumbura undertaken in June 1994 within the framework of the mandate of
the Special Rapporteur on the situation of human rights in Rwanda,
Mr. Degni-S gui. The situation remains volatile despite the agreement between
the Government and the opposition to share political power equally. The
United Nations mechanisms in place in Burundi, such as the Special
Representative of the Secretary-General or the staff members of the Centre for
Human Rights providing advisory services and technical assistance, do not
monitor, on a day-to-day basis, the human rights violations that occur in the
E/CN. 4/1995/61
page 28
country. The Special Rapporteur believes that the situation in Burundi does
warrant such monitoring and he has brought this concern to the attention of
the High Commissioner for Human Rights.
Cambodia
81. Reports and allegations received by the Special Rapporteur indicate that
human rights violations, including extrajudicial, summary or arbitrary
executions, continue to occur in Cambodia. Such reports include extrajudicial
executions by members of the security forces of persons suspected of having
links with the Party of Democratic Kampuchea (PDK or Khmer Rouge) , or traders
allegedly abducted by military personnel, deprived of their belongings and
then killed. Threats and harassment by government officials against the staff
of newspapers that had published articles critical of the authorities were
also reported. Furthermore, several sources have expressed concern at
continuing acts of violence against ethnic Vietnamese Cambodians. According
to the information received, the new Constitution of Cambodia restricts human
rights guarantees to people of Khmer origin, thus excluding the ethnic
Vietnamese minority. The Special Rapporteur received several reports of
attacks against ethnic Vietnamese by members of the PDK. The authorities were
said not to have taken any action to halt such attacks and protect those at
risk.
82. The Special Rapporteur sent an urgent appeal to the Government calling on
the authorities to adopt the necessary measures to protect ethnic Vietnamese
after he had received reports of the killing of 13 persons, among them nine
minors, in the province of Kandal on 9 April 1994. Two days later, soldiers
of the Cambodian Armed Forces were said to have killed three inhabitants of
Ban Teay village: Thi Phorn, Hen Mao and seven-year-old Thoeun Nab
(26 April 1994) . The Special Rapporteur also transmitted to the Government
allegations he had received concerning the existence of two clandestine
detention centres in the province of Battambang, where, during 1993, members
of the military allegedly killed 35 persons whom they had deprived of their
belongings and detained. Another case transmitted to the authorities
concerned the killing by military police of Hun Sokea in the context of a
violent confrontation between security forces and squatters occupying an area
of land in the region known as “Broken Jar Stream”. To date, no reply has
been received from the Government of Cambodia.
Observations
83. The Special Rapporteur notes with concern that the Government of Cambodia
has not replied to any of his communications since he assumed his functions in
June 1992. The Special Rapporteur regrets this lack of willingness to
cooperate with his mandate and invites the authorities to review their
position. He also calls on the Government to take the necessary steps so as
to ensure full respect for the human rights of all people living in Cambodia,
and particularly those belonging to minorities. In this context, he urges the
authorities to conduct exhaustive and impartial investigations into all
allegations of violations of the right to life, including those directed
against members of the ethnic Vietnamese minority, identify those responsible
and bring them to justice, grant adequate compensation to the victims or their
families, and prevent the recurrence of such acts of violence. For an
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page 29
in-depth analysis of the human rights situation in Cambodia, reference is made
to the report of the Special Representative of the Secretary-General for
Cambodia, Justice Michael Kirby (E/CN.4/1995/87) .
Cameroon
84. 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 Cameroon. During the past year,
opponents of President Paul Biya were said to have been subjected to
imprisonment and beatings, as a consequence of which some were reported to
have died. Allegedly, no one has been held responsible for these killings.
Furthermore, the Special Rapporteur was informed of extrajudicial killings, in
June 1993, of members of the Shua Arab community during military operations in
the northern departments of Logone and Shari. Allegedly, the security forces
were supporting the Kotoko community in a long-standing conflict with the Shua
Arabs. After a peace agreement between the two communities in September 1993,
renewed acts of violence against Shua Arabs were reported in early 1994.
85. The Special Rapporteur sent two urgent appeals to the Government. After
the death in military custody, allegedly after torture, of four Shua Arabs
(Malloum Eli, Harouna Djidda, Allakhou Mahmat and Issa Mahmat), fears had been
expressed for the lives of at least 15 others arrested by the security forces
in late January 1994 (16 February 1994) . The Special Rapporteur urged the
authorities once again to adopt effective measures for the protection of Shua
Arabs after an attack by soldiers of the Cameroonian army against the village
of Karena in which at least 55 persons, including 9 women and 35 children, had
been killed (7 March 1994) . In addition, the Special Rapporteur transmitted
to the Government the case of Cyprian Tanwie Ndifor, reportedly tortured and
killed while in the custody of the Gendarmerie at Bamenda on 15 December 1993.
To date, the Government has not replied to any of these cases.
Central African Republic
86. The Special Rapporteur sent an urgent appeal to the Government after
being informed that four gendarmes, Dieudonn Kalanga Belly, Antoine Metende,
Alain-Isaac Gbalele and Boris Barnab Wili Bona, were sentenced to death for
murder by the Permanent Military Court of the Central African Republic.
According to the information received, there is no appeal against verdicts of
this court. Reportedly, those convicted may only seek review by cassation by
the Supreme Court (17 November 1994) .
Follow-up
87. The gendarmes Kalanga Belly, Metende and Gbalele were reportedly
sentenced to death for having killed Dr. Claude Konjugo in 1993, the fourth,
gendarme Wili Bona, for the murder of Hemine Yakite. Both cases had been
transmitted to the authorities by the Special Rapporteur in 1993 (see
E/CN.4/1994/7, paras. 187-188) . No reply had been received from the
Government to these allegations.
E/CN. 4/1995/61
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Chad
88. The Special Rapporteur continued to receive alarming reports of
extrajudicial, summary or arbitrary executions of civilians by members of
the Chadian army. According to the information received, the authorities did
not take any steps to prevent such acts. On 26 August 1994, the Special
Rapporteur sent an urgent appeal to the Government after receiving reports of
the extrajudicial execution of more than 25 villagers in the Kaga district
between 12 and 14 August 1994. The victims were said to have included at
least two minors, Justin Helkom (15) and Raymond Ekoudjewa (16) . According to
the reports received, the killings were reprisal actions by the army after the
death of five soldiers during armed confrontations between the security forces
and the rebel Forces Arm es pour la R publigue F d rale (Armed Forces for the
Federal Republic, FARF) . Fears were also expressed that the violence might
spill over into the district of Logone. At the time the present report was
finalized, no reply had been received from the Government.
Follow-up
89. In 1993, the Government had provided the Special Rapporteur with replies
concerning some of the cases transmitted in 1992 and 1993 (see E/CN.4/1994/7,
paras. 197-200) . In accordance with the follow-up procedure established in
the framework of his mandate, the Special Rapporteur submitted the contents
of these replies to the sources of the allegations for comments. The latter
forwarded further details regarding the cases in question and informed the
Special Rapporteur that, contrary to what the Government had stated, no
independent investigation was known to have been carried out in any of the
cases. The Special Rapporteur addressed a second follow-up letter to the
Government, expressing concern at this apparent contradiction in the
information received, and requested the authorities to forward further,
specific details concerning both the cases in question and the allegations he
had transmitted to the Government in a letter on 24 September 1993 (see
E/CN.4/1994/7, para. 196), and for which no replies had been received.
Observations
90. The reports and allegations received by the Special Rapporteur during
the past years do not only give rise to deep concern at the persistence of
extrajudicial, summary or arbitrary executions in Chad, but suggest the
existence of a pattern of violations of the right to life by the security
forces which appear to operate in virtually total impunity. The Special
Rapporteur is particularly concerned at continuing reports of killings of
members of ethnic minorities. He calls on the Government to ensure that
security forces personnel fully respect the limitations and restrictions on
the use of force and firearms contained in pertinent international instruments
and to fulfil its obligation under international law to conduct exhaustive and
impartial investigations into all allegations of violations of the right to
life. Those responsible for extrajudicial, summary or arbitrary executions
must be brought to justice and sanctioned. The Special Rapporteur also urges
the Government to grant adequate compensation to the victims or the families.
E/cN. 4/1995/61
page 31
Chile
91. The Special Rapporteur transmitted to the Government reports he had
received according to which investigations into the killing, in 1976, by
members of the military, of Carmelo Soria Espinosa, Spanish citizen and staff
member of the United Nations Centre for Demography in Latin America, had been
closed when the Supreme Court confirmed an amnesty granted to eight military
officials by the military judiciary in late 1992. At the time the present
report was finalized, no reply had been received from the Government.
Follow-up
92. On 4 January 1994, the Government provided the Special Rapporteur with a
reply to his urgent appeal of 29 September 1993 concerning the killing of two
persons during a demonstration in Santiago de Chile, informing him that
investigations had been opened to clarify the circumstances and determine
responsibilities. In reply to the Special Rapporteur's request for updated
information on the progress of proceedings in cases transmitted to the
Government during 1993 (see E/cN.4/1994/7, paras. 206-207), the Government
informed him on 23 November 1994 that investigations into the death of three
prisoners during an attempted escape continued to be in the preliminary phase.
In another case concerning the killing of two persons during a demonstration
by carabineros , the Supreme Court had decided a conflict of competence in
favour of the military jurisdiction. In its sentence, the Supreme Court held
that the three carabineros were carrying out acts in connection with their
duties at the moment when they committed “common acts” which were offences
falling within military jurisdiction.
Observations
93. The Special Rapporteur wishes to express his appreciation for the
information provided by the Government and hopes to continue the dialogue
initiated with the Chilean authorities. He would note, however, that “duty”
should never be used as a justification for violations of human rights
committed by the military; military personnel receiving orders the carrying
out of which would entail such violations have the right to disobey. Military
tribunals, particularly when composed of military officers within the command
structure of the security forces, very often lack the independence and
impartiality required under international law. Military jurisdiction over
human rights violations committed by members of the security forces very often
results in impunity. In this context, reports of an amnesty granted by the
Chilean military judiciary to army officers accused of an extrajudicial,
summary or arbitrary execution are particularly disturbing. The Special
Rapporteur wishes to express deep concern and calls on the authorities to
enact legislative reforms allowing for such cases to be treated by civilian
tribunals.
China
Information received and communications sent
94. As in former years, the Special Rapporteur received reports and
allegations referring to the extensive use of the death penalty, imposed
E/CN. 4/1995/61
page 32
after proceedings which were said to fall short of internationally recognized
fair trial standards. One source recorded at least 2,564 death sentences
during 1993. In at least 1,419 of these cases the death sentence was said to
have been carried out. The highest number of capital sentences was registered
during the month of September 1993: at least 570 people were reported to have
been sentenced to death and more than 373 executed. According to the
information received, this may have been due partly to an anti-corruption
campaign launched by the authorities on a nation-wide basis during the second
half of August. The concerns expressed by several observers remain the same
as in the past: inter alia , the wide scope of capital offences and increase
in the number of crimes punishable by death under recent legislation, the
possibility of imposing death sentences on persons between 16 and 18 years of
age, restrictions in the right to an adequate defence and the right to appeal.
Reference is made to a more detailed description of these allegations in the
Special Rapporteur's report to the Commission on Human Rights at its fiftieth
session (E/CN.4/1994/7, paras. 209-215).
95. The Special Rapporteur transmitted to the Government allegations he had
received concerning the killing of 24 Taiwanese tourists and 8 Chinese
nationals during a boat ride on Qiandao Lake in Chunan, Zheijan province,
on 31 March 1994, allegedly with the involvement of Chinese authorities.
Three unidentified men were reportedly sentenced to death and executed shortly
afterwards, convicted in a trial which lasted only 48 hours. The Special
Rapporteur also transmitted to the authorities the case of Phuntsong Yangki,
who was said to have died on 4 February 1994 at the police hospital in Lhasa,
allegedly after having been denied proper medical treatment at Drapchi prison.
At the time the present report was finalized, no reply had been received from
the Government.
Follow-up
96. On 19 November 1993, the Government forwarded a reply concerning one case
of alleged extrajudicial, summary or arbitrary execution transmitted by the
Special Rapporteur in 1993, informing him that one person, Lai Manping, had
died of a pneumonia-related heart disease, and the other was beaten to death
by at least three persons who had been brought to justice and sentenced to
prison terms, in accordance with the law.
97. On 26 January 1994, the Government provided the Special Rapporteur with
information concerning the cases of death sentences transmitted to the
authorities in 1993 (see E/cN.4/1994/7, para. 216) . All but one of the
persons concerned were executed shortly after having been sentenced to death
for theft and/or robbery. The Government replied to the Special Rapporteur's
specific concerns with regard to the legislation and practice of capital
punishment in China, assuring him that the pertinent provisions in the Chinese
criminal law, the Code of Criminal Procedure and the Organic Law of the
People's Courts contained strict controls on the application of the death
penalty, safeguarded the defendants' right to defence and appeal and were
consistent with article 6 of the International Covenant on Civil and Political
Rights. The Government stated that China's most recent penal legislation had
actually reduced the number of clauses and offences liable to the death
penalty and that the death penalty was used less and less often. As regards
the imposition of death sentences on minors, the Special Rapporteur was
E/cN. 4/1995/61
page 33
informed that, in judicial practice, the overwhelming majority of offenders
sentenced to death with a two-year suspension had their sentences reduced at
the end of the two years, and that the people's courts were especially
cautious about sentencing minors between 16 and 18 years of age to death with
a two-year suspension. It was further stated that, in judicial practice,
lawyers were always given ample time to prepare their case. Defending lawyers
were granted access to all materials related to the case, and the accused's
right to defence was fully granted. The right to appeal, too, was guaranteed.
98. On 23 September 1994, the Special Rapporteur addressed a follow-up letter
to the Government, thanking the authorities for the information provided as
summarized above and informing them that, in accordance with the procedure
established within the framework of his mandate, the contents of the reply
had been transmitted to the sources of the allegations for comments and
observations. In the same letter, the Special Rapporteur asked the
authorities to provide him with additional details on the two cases mentioned
above in paragraph 95.
Observations
99. The Special Rapporteur wishes to thank the Government for the information
provided in response to his inquiries regarding the legislation and practice
of capital punishment in the People's Republic of China. The willingness of
the authorities to cooperate with his mandate is much appreciated. However,
the Special Rapporteur remains concerned at the recurrence of reports of
violations of the right to life. In view of the persistent contradiction
between the numerous allegations received from credible sources and the
information provided by the authorities, the Special Rapporteur would like to
reiterate his interest in visiting China to study in situ questions relating
to capital punishment in China. The Government has not yet replied to the
Special Rapporteur's inquiry, first forwarded to them in November 1992 and
repeated in September 1993 and September 1994.
Colombia
100. From 17 to 26 October 1994, the Special Rapporteur visited Colombia,
together with the Special Rapporteur on the question of torture, to examine
violations of the right to life and physical integrity in that country.
The findings, conclusions and recommendations of the Special Rapporteurs
are contained in their joint report to the Commission on Human Rights
(E/cN.4/1995/111) . The following paragraphs contain an account of the cases
transmitted to the Government in 1994 as well as follow-up correspondence
concerning earlier allegations.
Communications sent
101. The Special Rapporteur transmitted to the authorities a large number of
allegations he had received concerning violations of the right to life in
Colombia. During 1994, the Special Rapporteur sent 40 urgent appeals to the
Government. This is the highest number sent to a single Government in the
framework of the mandate on extrajudicial, summary or arbitrary executions
during one year.
E/CN. 4/1995/61
page 34
102. The Special Rapporteur urged the authorities to adopt all necessary
measures to protect the lives and physical integrity of the following persons
said to be under death threat from, unless stated otherwise, members of the
security forces:
(a) Gilberto Vieira and nine other leading members of the political
opposition parties Uni6n Patri6tica (Patriotic Union, UP) and Partido
Comunista de Colombia (Communist Party of Colombia, PCC) , after the
extrajudicial killing of J 05 Miller Chac6n Penna, Secretary of the PCC
(14 January 1994) ; UP activists Josu Giraldo Cardona, Pedro Malag6n,
Nelson Viloria and Jamis Ricardo Barrera of Villavicencio, after the
extrajudicial killing of Evaristo Amaya Morales, former personero municipal
and candidate for the position of mayor of Villavicencio, on 24 February 1994,
and an attack against Pedro Malag6n on 1 March 1994 (21 March 1994) ;
UP counsellor Oscar Salazar, whose name was said to be included in a list held
by the paramilitary group “Los Masetos”, after another person included in this
list, Ubesio G6mez, was reportedly found hanging from a tree near Turbio
(14 April 1994) ; Aida Abella, leading member of UP, after the assassination of
PCC senator Manuel Cepeda Vargas (12 August 1994); 28 persons including
Hern n Motta Motta, Aida Abella and other leading members of UP and PCC,
threatened by the paramilitary group Muerte a Comunistas y Guerrilleros
(Death to Communists and Guerrilleros, MACOGUER) (1 September 1994); the
family Garcia-Mallorca Villareal, after the killing of UP activists
Gabriel Rib6n and Eli cer Avila, as well as Luis P&ez and Amantine Villareal
(16 September 1994);
(b) Trade unionists Wilson Monsalvo Navarro and Elmer Charris Alvarez,
after the assassination of trade unionist Eudaldo Sierra Caballero
(7 February 1994) ; Urbano Barreto Arenas and eight other members of the
executive committee of the Teacher's Union of Arauca (ASEDAR) , after the
killing of teacher Juan Carlos Parales and attacks against Elbano Antonio
Rojas and Luis Ernesto Goyaneche (19 April 1994) ; trade unionists
Hector Enrique Herrera, after the assassination of Eli cer Ojeda Jaime, trade
union leader in Ocaffia, and an attack against another trade union leader,
Crist6bal Navarro (2 June 1994); members of trade unions in Medellin, after
the killing of trade unionists Luis Efr n Correa, Jairo de Le6n Agudelo and
Guillermo Mann (15 August 1994) ; 18 leading members of different trade unions
allegedly threatened by the paramilitary group Colombia sin guerrillas
(Colombia without guerrillas, COLSINGUE) (1 September 1994) ; trade union
leader Luis Hern n Cobo (1 September 1994) ; trade union leader
Belisario Restrepo, after the killing of trade unionist Hugo Zapata
(4 October 1994); trade unionist and community activist Luis David
Rodriguez P&ez, of Saravena (13 October 1994); trade unionists Olga Matilde
Ortiz Solano, Ruth Rueda and Luis Carlos Acero (31 October 1994); trade
unionists and political activists Edgar Riaflo and others, after the
assassination of trade union leader Hernando Cuadros (31 October 1994);
(c) Human rights lawyer Dr. Rafael Barrios Mendivil (18 March 1994) ;
staff and residents of the Albergue campesino of Barrancabermeja
(25 March 1994) ; priest and human rights activist Ricardo Mateus Duarte
(21 April 1994) ; human rights lawyer Carlos Alberto Ruiz (8 August 1994) ;
Hernando Valencia Villa, Procurador Delegado para los Derechos Humanos ,
accused by a member of the Senate of being a supporter of the guerrillas
E/cN. 4/1995/61
page 35
(29 September 1994); Jeanette Bautista and Gloria Herney Galindez, President
and Secretary-General of the Asociaci6n de Familiares de Detenidos-
Desaparecidos (Association of Relatives of Detainees-Disappeared, ASFADDES)
(29 September 1994); Padre Gustavo Su rez, of Sogamoso, threatened by
COLSINGUE (31 October 1994) ;
(d) Community activists including Sixto Pacheco, after the killing
of Erminio Sepi lveda Sarabia, member of the Community Action Movement of
Aguachica (7 February 1994) ; municipal counsellor Paulino Velandia Bar6n of
Sogamoso and his family, as well as Fanny and William Correa, after the
extrajudicial execution of Edgar Suesci n and his daughter Sandra Correa in
their presence (23 February 1994) ; community activist James Pic6n Torres,
after the killing of David Reyes Castro in Pailitas (6 July 1994) ; community
leader Julio Ram6n Olivera Gracia of Sampu s and his secretary Marina Salas,
after an attack against the former and the assassination of community activist
Tom s Vega (8 August 1994) ;
(e) The inhabitants of Minas, San Martin, after indiscriminate
killings, allegedly by paramilitary groups, of Jose del Carmen Ruiz and five
other villagers, and the people living in Norean, Aguachica, after the killing
of civilians Adriano Portillo, Javier Contreras Bar6n and Alvaro Botello
during an armed confrontation between guerrilla and security forces, who
subsequently threatened the population (10 August 1994); the inhabitants of
the municipality of Betulia, Santander, threatened by paramilitary groups with
death if they did not leave their homes in areas needed for the construction
of a paramilitary base (18 August 1994) ; Maria Magdalena Rodriguez and her
small children as well as six other residents of Puerto Nuevo Ite, Yond6
(23 August 1994); residents of the region around La Magdalena, Buga, after the
assassination by COLSINGUE of Marcos Tautiva, Omar Valbuena and Miguel Ospina
(23 August 1994); inhabitants of El Paramo, after the assassination, allegedly
by paramilitary groups, of Lorgio Antonio Garcia (31 October 1994) ;
JIIa Ilba Donado and Pedro Caldera, after the killing of community leader
Lucas Sepifiveda, Jose Cayetano Sepi lveda and Luis Antonio Villegas, allegedly
by members of the Mobile Brigades and paramilitary forces (17 November 1994);
(f) Severo Rubiano Cruz, after filing complaints against members of the
armed forces for killing his son Jose Severo Rubiano Cruz (1 February 1994) ;
Adelaida Sierra Avil s and her four young children, after her husband had been
detained and accused of rebellion in Puerto Inirida, Arauca (21 March 1994) ;
Luz Myriam Iglesias and Leonardo Marroquin Vargas, who had reportedly
witnessed the killing of their eight-year-old son Gustavo Humberto
Marroquin Iglesias by military in Ibagu , and journalist Alvaro Martinez
Pinz6n who had broadcast information about the killing in a press communique
(19 April 1994) ; Isabel Cristina Rinc6n Bravo, for attempting to clarify the
assassination, allegedly by police, of her husband Henry Humberto Molina in
1992 (13 June 1994); Luis Alirio Rodriguez and his wife Celina Franco,
allegedly threatened by members of the Unidad Especial Anti-Secuestros
(Special Anti-Kidnapping Unit, UNASE) (15 August 1994) ; members of the family
Ardila Piffia, after the killing of Edwin Castillo Piffia, his uncle Argelio Piffia
and his aunt Custodia Ardelia de Piffia, allegedly accused of being
collaborators of the guerrilla (30 September 1994) ;
E/CN. 4/1995/61
page 36
(g) Te6fila Roja, President of the Regional Indigenous Council
of Tolima, and her family, after the assassination of her colleague
Yesid Bocanegra Martinez and the attempted killing of Omar Mendoza,
Vice-President of the Council (2 June 1994); members of the Regional
Indigenous Council of Tolima, after the killing of Council member Julio Cadena
Ducuara (26 September 1994) .
The Special Rapporteur asked to be provided with information on the measures
taken with a view to the protection of these persons, as well as on
investigations carried out to clarify the circumstances of those said to be
killed, identify those responsible, bring them to justice and grant
compensation to the families of the victims.
103. In addition, the Special Rapporteur transmitted to the authorities
allegations he had received concerning the extrajudicial, summary or
arbitrary execution of the following 36 persons: Marco Tulio Farigua;
Luis Antonio Enciso, Luz Amelia Enciso and Manuel Guillermo Enciso;
Gilberto Claro Lozano; Zenu indigenous leaders Porfirio Ayala Mendoza,
Hector Aquiles Malo Vergara, Luis Arturo Lucas Polo and their driver
C sar Mendoza Cruz; Laureano Restrepo Rodriguez; Nicol s Eli cer
Barrios Chavez; street children Javier GonIIlez (16), Jairo Murcia (14) and
“Asprilla” (12) ; Alfonso Cardona, Favio Cardona, Carlos Cardona and a
non-identified person employed in the Cardona household; Rafael Quintero,
Diana Argote, Bertilda Mena and two unidentified persons; Nelson Dur n
Chinchilla, Manuel Galarcio and Rafael Rojas; Benjamin Dur n; Alba In s
Flores Cardozo; Julio Edgar Galves Quimbay and Enan Rafael Lora Mendoza;
Zoraida Camargo C ceres; Ramiro Guzm n Martinez (17) ; Laureano Iffiampu ;
Benjamin Santos; Isidro Mercado Jim nez; and Manuel Serafin Guerrero.
104. The following allegations transmitted by the Special Rapporteur
during the past year concerned two particularly grave instances of violations
of the right to life: the massacre at Riofrio, where the security forces,
together with paramilitary groups, were said to have killed Miguel Ladino
and 12 other residents in October 1993; and the massacre at Puerto Lleras, in
which 10 fishermen were said to have been killed by members of the Colombian
army. Both instances are referred to in the report on the Special
Rapporteur's visit to Colombia in October 1994. For all cases transmitted,
the Special Rapporteur asked to be provided with information concerning the
investigations into these killings.
Communications received
105. The Government of Colombia provided the Special Rapporteur with replies
to a number of these cases. Consultations took place between different State
institutions and leaders of the opposition parties UP and PCC with a view to
providing them with protection (26 January 1994) . The Government further
informed the Special Rapporteur that Aida Abella had refused to file a
complaint concerning the death threats against her and rejected protection
from the Departamento Administrativo de Seguridad (DAS), while other UP and
PCC leaders had been provided with personal security (17 February 1994) . In a
communique of 11 August 1994, the Government expressed its deep concern at the
killing, on 9 August 1994, of PCC senator Manuel Cepeda Vargas and pointed out
that he and other leading members of the UP and PCC had rejected escorts from
E/cN. 4/1995/61
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DAS and the National Police and had not reported any death threats against
them to the competent authorities. Due to this lack of cooperation, a special
investigative team, which the Government had offered to investigate the
threats, could not be set up. The Government further informed the Special
Rapporteur that UP and PCC had not provided any evidence to sustain the
allegations that a plan to eliminate them existed within the military. In the
framework of a special protection programme, seven persons trusted by the
leaders of UP and PCC were provided to them by DAS to act as personal guards.
The Government further stated that investigations were under way to identify
those responsible for the killing of Manuel Cepeda Vargas. On 24 August 1994,
the Government informed the Special Rapporteur that five persons suspected
of being involved in the killing of the senator had been arrested on
23 August 1994. Different protection measures were reported to have been
taken to provide for the security of eight leading members of the UP and PCC
(29 September 1994) .
106. The Government also told the Special Rapporteur that information had been
sought from the competent organs concerning investigations and/or measures of
protection solicited with regard to the following cases: the killing of
Jose Severo Rubiano Cruz, whose case was transferred to the military courts
for preliminary investigations against army personnel, and threats against his
father Jose Rubiano Cruz (3 February 1994 and 9 March 1994) ; the killing of
trade unionists Wilson Monsalvo Navarro, Elmer Charris Alvarez, Eudaldo
Sierra Caballero and community activist Erminso Sepifiveda Saravia, as well as
death threats against Sixto Pacheco (1 March 1994) ; threats against human
rights lawyer Rafael Barrios Mendivil and other members of his organization,
the Colectivo de Abogados “Jose Alvear Restrepo” (16 June 1994) ; the killing
of Gustavo Humberto Marroquin Iglesias and measures solicited from the
competent organs for the protection of his parents Leonardo Marroquin Vargas
and Luz Myriam Iglesias, as well as journalist Alvaro Martinez Pinz6n
(6 September 1994) ; the death of Eli cer Ojeda Jaime and death threats against
Hector Enrique Herrera and Crist6bal Navarro (6 September 1994) ; the killing
of Tom s Vega and death threats against Julio Ram6n Olivera Gracia,
Marina Salas and Carlos Alberto Ruiz (25 October 1994) ; threats against
Hernando Valencia Villa (18 and 25 October 1994) . In the case of Ubencio (not
Ubesio) G6mez, the military courts were investigating his disappearance and
killing, as it had been established that he died during a confrontation
between the guerrillas and the National Army (15 November 1994) . With regard
to attacks and threats against teachers belonging to ASEDAR, proceedings were
under way against a guerrilla commander for the killing of Juan Carlos
Parales, as well as into the alleged attack against Elbano Antonio Rojas and
threats against Urbano Barreto Arenas. After the attack, Elbano Antonio Rojas
was granted the status of a person under threat by the Comit Especial de
Amenazas (Special Threats Committee) of the Department of Arauca. The same
status had been conferred upon Luis Ernesto Goyeneche, who nevertheless
decided to stay in Saravena, where he later received death threats
(15 November 1994) .
107. In addition, the Government informed the Special Rapporteur
that 18 members of the Pedro Nel Ospina Batallion of the Colombian army
received sentences of between 6 and 20 years' imprisonment for the killing
of five civilians from the municipalities of Yarumal and Taraza, who had been
taken into custody for minor offences in early 1992 (11 July 1994) .
E/CN. 4/1995/61
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On 8 November 1994, the Government transmitted information concerning a rocket
attack carried out by guerrillas against a convoy of police vehicles. Eleven
policemen were killed, as well as two high school students travelling on a
school bus that was passing by at the time of the attack.
Follow-up
108. The replies received from the Government were transmitted to the sources
of information. During his visit to Colombia, the Special Rapporteur had the
opportunity to meet with several persons reportedly under death threats,
including representatives of human rights organizations, trade unions and
political opposition parties, as well as witnesses to violations of the right
to life and family members of victims. He will follow up on these cases with
the Government during the coming months.
109. As regards cases transmitted to the Government in 1992 and 1993, only one
reply was received from the authorities, who informed the Special Rapporteur
that the Sala Penal del Tribunal Superior de Distrito Judicial de Santaf de
Bogota had denied the acci6n de tutela requested to prevent the dissemination,
by the television station Q.A.P. , of a list established by the security forces
allegedly containing the names of some 150 people said to be collaborators of
the guerrillas, on the grounds that no evidence as to the existence of this
list could be obtained (18 October 1994) . No reply was received to a letter
of 22 September 1993 in which the Special Rapporteur had sought clarifications
and further details on some of these cases.
Observations
110. The Special Rapporteur highly appreciates the willingness to cooperate
shown by the Government on repeated occasions during the past year, and most
clearly during his visit to Colombia in October 1994. The Special Rapporteur
was impressed by the frankness of the representatives of the Government he
met during the mission. He has noted with satisfaction the various projects
and initiatives planned by the new administration under President Ernesto
Samper Pizano aimed at increased protection of human rights in Colombia, and
encourages the Government to continue its efforts in this regard.
Nevertheless, the Special Rapporteur remains concerned at the level of
violence and the scale of human rights violations, including extrajudicial,
summary or arbitrary executions, that continue to occur in Colombia. Human
rights violations in the context of counter-insurgency activities, violent
repression of political dissent and social protest, and urban violence
directed mainly against marginalized sectors of the population are some of the
principal problems. They are perpetuated by the lack of functioning of the
administration of justice and its consequence, almost absolute impunity for
violators of human rights. The high rate of common crime, drug trafficking
and widespread poverty are factors that also contribute to the climate of
violence prevailing in Colombia. A detailed analysis of these problems,
together with a number of recommendations for possible improvement, can be
found in the report on the visit to Colombia.
111. As in former years, Colombia has been among the countries where the
Special Rapporteur had to intervene most frequently in response to allegations
of death threats. Forty urgent appeals have been sent since the end of
E/cN. 4/1995/61
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November 1994, the most for any single country. It should be noted that the
vast majority of reports of death threats refer to human rights activists,
lawyers, trade unionists and members of political opposition parties. The
Special Rapporteur feels that unequivocal public recognition of the legitimacy
of political dissent and social protest, and of activities aimed at the
protection of human rights, as well as the elucidation of human rights
violations, on the part of the Government would be a signal to those persons
who continue to regard protesters as collaborators or auxiliaries of the
guerrillas, and thus as “internal enemy”. In view of the fact that very often
the victims of threats and attacks perceive members of the security forces or
the DAS as the authors, it is not surprising that they are reluctant to avail
themselves of protection offered by these institutions. Efforts to solve this
apparent deadlock by establishing funds from which protection by persons
enjoying the full confidence of those they are supposed to protect could be
financed, are greatly encouraged.
Costa Rica
112. The Special Rapporteur sent an urgent appeal to the Government
expressing concern at allegations of the indiscriminate use of force against
demonstrators after receiving reports according to which members of the
Guardia Civil y Rural had opened fire indiscriminately against participants in
a demonstration at Sarapiqui on 13 May 1994 (2 June 1994) . The Government
replied on 8 July 1994, informing the Special Rapporteur that the events
of 13 May followed several days of confrontation reportedly in the context of
a labour conflict, during which armed individuals erected road barricades in
front of the administrative offices of a banana company. When the security
forces attempted to implement a court order to remove the barricades, they
were attacked with stones, machetes, molotov cocktails, knives, etc. and had
to resort to the use of force to defend themselves.
Cuba
113. The Special Rapporteur sent an urgent appeal to the Government on behalf
of human rights activist Francisco Chaviano Gonzalez, whose life was feared to
be in danger after an attack against his residence (18 March 1994) . At the
time the present report was finalized, no reply had been received from the
Government.
Follow-up
114. A reply was received from the Government on 7 February 1994, providing
information on five of the cases transmitted by the Special Rapporteur
in 1993 (see E/cN.4/1994/7, para. 243) . The Government informed the
Special Rapporteur that the person responsible for the killing of
Orelvis Martinez Limonta was sentenced to 18 years' imprisonment. With regard
to the remaining cases, the allegations were said to be unfounded: two
persons reportedly died of natural causes; one was alive and serving his
prison sentence; one could not be identified at all, while the two remaining
cases were still under investigation. The Government also pointed out that
the exhaustion of internal remedies to clarify cases of alleged extrajudicial,
summary or arbitrary executions should be a condition for the admissibility of
such allegations by the Special Rapporteur.
E/CN. 4/1995/61
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115. In a follow-up letter to the Government on 23 September 1994, the
Special Rapporteur thanked the authorities for the information provided and
inquired whether the investigations into the two outstanding cases had yielded
any results. The Special Rapporteur also explained his position that the
exhaustion of internal remedies was not a prerequisite for him to take action
in a particular case (see also E/cN.4/1993/46, paras. 20-25) . For a more
detailed analysis of the human rights situation in Cuba, reference is made to
the report of Special Rapporteur, Mr. Johan C. Groth (E/CN.4/1995/52) .
Dj ibouti
116. During 1994, the Special Rapporteur continued to receive reports and
allegations of human rights violations, including extrajudicial, summary or
arbitrary executions, in the context of the armed conflict between government
forces and the Front pour la restauration de l'unit et de la d mocratie
(Front for the Restoration of Unity and Democracy, FRUD) since July 1991.
Human rights violations, whose principal victims were said to be members of
the Afar ethnic group regarded by the security forces as supporters of the
FRUD, are said to have increased during periods of intensified fighting in
August and September 1993 and during March 1994, when the Government
reportedly launched an offensive against the FRUD in the north of the country.
Acts of violence by members of the Force d'Action Rapide (Quick Action Force)
of the armed forces were also reported against displaced people, most of them
members of the Afar community, in the Ariba suburb of the capital Djibouti
during the month of June 1994.
117. The Special Rapporteur sent two urgent appeals to the Government. He
expressed concern at the alleged extrajudicial execution on 31 December 1993,
by soldiers of the Djibouti army, of Ali Balla Youssouf and six other
villagers in the Day district and the killing of Mohamed Adoyta Ewad and his
family at Tadjourah on 8 January 1994, and urged the authorities to adopt all
necessary measures to protect Hamadou Hebano Hamadou and six other persons
from the Day district whose lives were said to be in danger due to torture at
the police stations at Randa and Tadjourah (17 January 1994) . The Special
Rapporteur again called on the Government to take effective steps to prevent
further acts of violence after reports were received of the extrajudicial
execution of Ahmed Nouho Ban and at least 19 other Afar civilians of the
Malba and Oueima regions in northern Djibouti by members of the security
forces between 3 and 10 March 1994 (18 March 1994) . In addition, the Special
Rapporteur transmitted to the Government the cases of Fatouma Mohamed Ali and
Nasser Mohammed Youssouf, who were said to have been killed, together with at
least two other, unidentified persons, during demonstrations at Ariba in early
June 1994. To date, no reply has been received from the Government.
Ecuador
Follow-up
118. On 14 January 1994, the Government of Ecuador provided the Special
Rapporteur with information concerning the cases of Luis Olmedo Aguilera L6pez
and three brothers Caffiola, transmitted to the authorities in 1993, informing
him that investigations had revealed that the former had died of natural
causes, while the case of the latter three was the subject of judicial
E/cN. 4/1995/61
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proceedings before the Second Criminal Court. On 23 September 1994, the
Special Rapporteur sent a follow-up letter to the Government, thanking the
authorities for the information provided and asking for more details regarding
the autopsy report of Luis Olmedo Aguilera L6pez, which had indicated that the
body showed marks of traumatic injuries, and the progress of the judicial
proceedings in the case of the Caffiola brothers.
Egypt
Information received and communications sent
119. During 1994, the Special Rapporteur continued to receive reports of
death sentences imposed by military courts. Since Law No. 97 of 1992, which
provided for the trial of those accused of “terrorism” before military courts,
came into force in October 1992, 56 death sentences were said to have been
handed down, 40 of which were reportedly carried out by August 1994. The main
concerns with regard to the trials before military courts were expressed
repeatedly by several sources: lack of independence and impartiality on the
part of the judges; restrictions in the time available for the preparation of
the defence and in the right to appeal. Extrajudicial, summary or arbitrary
executions as a result of excessive use of force by the security forces were
also reported. Furthermore, the Special Rapporteur was informed of deaths in
custody, allegedly as a result of torture, at premises of the police and the
State Security Investigations Department (SSI) . Concern was also expressed at
increasing repression directed against lawyers, including raids at their
offices and homes and confiscation of documents. Following the death in
custody of one lawyer, several others were reportedly detained and charged
with the offence of planning to assemble, demonstrate, resist the authorities
and disturb public order. This was allegedly related to their defending
Islamist prisoners in trials before military courts.
120. The Special Rapporteur also received alarming reports of killings by
Islamist groups. The victims of such attacks included members of the security
forces and civilians, including members of the Coptic minority. The state of
emergency, in force since 1984, was reportedly extended for another three
years in April 1994 by the People's Assembly.
121. The Special Rapporteur sent nine urgent appeals to the Government, all
of which concerned death penalty cases. The following persons were said to be
at risk after being sentenced to death by military courts: Mahmoud Salah and
Mostaf a ‘Awni Zaki (26 November 1993); Medhat Tahhawi, Mohammad Ahmed
Sa'id Salih and Hammada Mohammad Lutfi (23 February 1994); Salah al-Sayyid
Sulayman and seven others (22 March 1994 and 8 April 1994); Mohammad Rashad
‘Abd al-Hamid Higazy and four others (19 and 29 July 1994); Ahmed Muhammad
Gumu'a and Sharif Mohammad Hassan (26 September 1994 and 20 October 1994) .
One urgent appeal concerned the death sentence handed down on 30 December 1993
by the (Emergency) Supreme State Security Court against ‘Abd al-Shafi
Ahmed Ibrahim, convicted of having murdered a well-known writer in June 1992.
According to the information received, defendants before the (Emergency)
Supreme State Security Court do not have the right to appeal before a higher
tribunal, as, according to the State of Emergency Act No. 162 of 1958,
E/CN. 4/1995/61
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verdicts or sentences passed by this court can only be reviewed by the
executive, i.e. the President or a person mandated by the President to do so
(17 January 1994) .
122. In addition, the Special Rapporteur transmitted to the authorities the
cases of Tarek el-Qurashi (17) , together with six unidentified persons,
reportedly killed by the security forces during an operation directed against
suspected terrorists; Tharwat Hagag and two unidentified persons, allegedly
killed by plainclothes policemen, who suspected them of being terrorists; and
JIIdel-Harith Madani, lawyer and member of the Egyptian Human Rights
Organization, who died reportedly as a result of torture during detention by
the SSI.
Communications received
123. The Government provided replies to the Special Rapporteur's urgent
appeals of 17 January, 23 February, 19 and 29 July as well as
26 November 1994, stating that trials before military courts were conducted
in accordance with proper legal procedures and passed through all the stages
prescribed in the national laws and legislation. The Government pointed out
that military courts were permanent standing courts composed of three judges
presided over by the most senior. The judges were independent and subject to
no authority other than that of the law and their consciences. Guarantees and
safeguards for defendants included compulsory presence of at least one lawyer
to defend any person accused of a felony before the military courts; the right
to seek review of the judgement in felony cases; appeals against judgements
within 15 days of notification; and automatic consideration of pardon.
The competence of military courts to try civilians simply meant that the
procedural articles of the Code of Military Justice applied, whereas the
applicable definitions of crime and punishment were those set forth in the
Penal Code to which all persons, whether civilian or military, were subject
and which was applied by all the criminal courts in Egypt (12 April 1994) .
Such trials were held in secret if so decided on grounds of public order and
public morals. Penalties were prescribed by law and could be imposed only by
a court of law. A legally prescribed appeal procedure existed, which had to
be followed by all defendants (15 March 1994) . Mohammad Rashad ‘Abd
al-Hamid Higazy et al. , were sentenced to death by the Supreme Military Court
for a number of offences including membership of a group established to
advocate action to render the provisions of the Constitution inoperable,
participation in a criminal conspiracy and attempted murder of the Minister of
the Interior. On the last day of the legally specified 15-day time-limit for
the lodging of appeals, the five defendants contacted the Judge Advocate
General and requested a review of their sentences (29 August 1994) .
124. A reply was also received to the allegations concerning the death of
JIIdel-Harith Madani, whose case had also been transmitted to the authorities
by the Special Rapporteur on the independence and impartiality of the
judiciary. The Government informed that Mr. Madani was arrested for being a
member of a terrorist organization and accompanied by the unit that arrested
him to his principal residence, which was searched. On the way to his
secondary residence, he complained about difficulties of breathing and was
taken to a hospital, where he remained for treatment. During the afternoon
E/cN. 4/1995/61
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of the following day, he died at the hospital. JII autopsy was performed.
Investigations are being carried out by the Department of Public Prosecutions
(18 October 1994) .
Follow-up
125. The reply received from the Government on 12 April 1994 also referred to
the Special Rapporteur's urgent appeals of 25 October and 12 November 1993
(see E/CN.4/1994/7, para. 261 (f) and (g) ) . On 23 September 1994, the Special
Rapporteur addressed a letter to the Government following up on replies
provided by the authorities in 1993 and 1994. The Special Rapporteur thanked
the Government for its willingness to cooperate with his mandate but
reiterated his concern at continuing allegations that defendants in trials
before military tribunals in Egypt did not benefit from all the guarantees and
safeguards contained in the pertinent international instruments.
Observations
126. The Special Rapporteur wishes to thank the Government for the information
provided in reply to several of his communications. However, he remains
concerned at the persistent allegations according to which, in practice,
defendants before military courts do not benefit from all the safeguards and
guarantees contained in the pertinent international instruments. The
Special Rapporteur is also concerned that, in proceedings before ordinary
courts, there is no provision for appeal in cases of felonies. The
Special Rapporteur finds himself in a situation where, with growing concern,
he continues to receive allegations of grave procedural shortcomings from
credible sources. The Government, in turn, regularly denies the veracity of
these allegations.
127. Furthermore, the reports and allegations received concerning the death
while in the custody of the security forces of a lawyer, as well as threats
and harassment reported against other lawyers, are most disturbing. The
Special Rapporteur calls on the authorities to ensure that members of the
legal profession may exercise their activities without harassment or
persecution, according to the Basic Principle on the Role of Lawyers, adopted
by the Eighth United Nations Congress on the Prevention of Crime and the
Treatment of Offenders held at Havana from 27 August to 7 September 1990.
El Salvador
128. The Special Rapporteur continued to receive reports of human rights
violations, including extrajudicial, summary or arbitrary executions and death
threats, in El Salvador. A number of these reports referred to activities of
“death squads”, allegedly closely related to State structures, directed mainly
against members of the Frente Farabundo Marti para la Liberaci6n Nacional
(Farabundo Marti National Liberation Front, FMLN) and other opposition
parties. During the weeks and months leading up to parliamentary elections in
March 1994 and presidential elections in April 1994, “death squad” activities
were reported to have increased. In December 1993, the Government was said
to have set up a commission known as the Grupo Coni unto (Joint Group) to
investigate “illegal armed groups”. The findings of their investigation were
made public in mid-July 1994. However, concerns were expressed that the
E/CN. 4/1995/61
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recommendation of the Truth Commission, contained in its March 1993 report, to
put an end to the phenomenon of “death squads” still threatening the society,
was not implemented, and that they continued to operate with virtually total
impunity. For a detailed analysis of the human rights situation in
El Salvador, reference is made to the report of the Independent Expert on
El Salvador, Mr. Pedro Nikken (E/cN.4/1995/88).
129. The Special Rapporteur sent five urgent appeals to the Government. He
urged the authorities to adopt all necessary measures to protect the life and
physical integrity of Nidia Diaz, candidate for the FMLN in the March 1994
parliamentary elections, after an attack against her and her personal guard
Elmer Cruz Zepeda in which both were injured (15 March 1994) . He also
called upon the Government to ensure protection of members of the political
opposition after the assassination of Heriberto Galicia, candidate for the
Movimiento Nacional Revolucionario (National Revolutionary Movement, MNR) for
the parliamentary elections in March (31 March 1994) . Another urgent appeal
was sent after the Special Rapporteur received information of death
threats against Carlos Molina Fonseca, Procurator for Human Rights,
Juan Jer6nimo Castillo, Attorney General, both members of the Grupo Coni unto ,
Eduardo Tomasino, President of the National Council of the Judiciary, and
priests teaching at the Universidad Centroamericana (13 June 1994) . The
Special Rapporteur repeated his call for protection of members of the
political opposition after the assassination of FMLN activist
Luis Antonio M ndez and death threats against Archbishop Arturo Rivera y Damas
and Bishop Gregorio Rosa Chavez (6 July 1994) , and again after the killing,
allegedly by members of a “death squad”, of David Faustino Merino Ramirez,
member of the executive committee of the Fuerzas Populares de Liberaci6n
(Popular Liberation Forces, FPL) and death threats against Carlos C6rtez
Hern ndez and FPL coordinator Pablo Parada Andina (18 November 1994) .
130. The Special Rapporteur also transmitted to the Government the case of
Jose Isaias Calzada Mejia, member of the FMLN; Miguel de Jesi s Garcia
Hern ndez, former FMLN combatant; Marta Alicia Mejia Herrera, candidate of the
FMLN in the parliamentary elections of March 1994, as well as Oscar Fernando
Pacheco Argueta, Francisco Antonio V squez Diaz and Luis Francisco Gaytan
Velasquez, all four threatened with death by a “death squad”; and two persons
reportedly killed by members of the security forces: Jose Dolores
Rodriguez Amaya and Jaime Isabel Menjivar Chilin. At the time the present
report was finalized, no replies had been received from the Government.
Follow-up
131. On 13 December 1993 and 4 January 1994, the Government provided the
Special Rapporteur with information according to which investigations were
carried out into the killings of two FMLN members, Mario L6pez Alvarenga and
Eleno Castro, the latter case being investigated by a joint commission
composed of representatives of the Government and the United Nations Observer
Mission in El Salvador (ONUSAL). On 23 September 1994, the Special Rapporteur
sent a letter to the Government asking for information concerning the progress
of these investigations.
E/cN. 4/1995/61
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Observations
132. The Special Rapporteur remains concerned at the persistent reports and
allegations of politically motivated violations of the right to life in
El Salvador. Information according to which “death squad” activities continue
are most disturbing. In this context, the Special Rapporteur refers to the
report made public in mid-July 1994 by the Grupo Conjunto , which concluded
that groups with political motive continued to operate in El Salvador,
reminiscent of the “death squads” . The Special Rapporteur reiterates his call
on the authorities to implement the recommendations made in 1993 by the Truth
Commission to thoroughly investigate the “death squads” and eradicate this
threat to society. The Special Rapporteur also urges the Government to make
all efforts to guarantee the safety of the members of those former guerrilla
organizations that have incorporated themselves into civilian life and
participate in the democratic process.
Ethiopia
133. The Special Rapporteur received several communications expressing
concern at the occurrence of extrajudicial, summary or arbitrary executions
in Ethiopia. The Special Rapporteur transmitted one urgent appeal to the
Government after receiving information on the alleged extrajudicial killing by
government soldiers of five members of the political party Ogaden National
Liberation Front (ONLF) . Fears had been expressed for several hundred other
members or supporters of the ONLF said to have been arrested in early 1994,
some of whom were reported to have been tortured in detention (4 March 1994) .
The Special Rapporteur also transmitted to the Government allegations he had
received concerning the killing of at least 10 civilians when security forces
opened fire against demonstrators in Gondar in September 1993, and of at
least 50 participants by government soldiers who indiscriminately fired on a
demonstration organized by the OLNF in Wardheer in February 1994. Three of
the victims were identified as Ahmed Ibrahim Nur, Abshir Ali Dhuh and
Hakin Hersi. At the time the present report was finalized, no reply had been
received from the Government.
134. On 27 October 1994, the Transitional Government of Ethiopia issued a
press release stating that the Chief Special Prosecutor had submitted, on
25 October 1994, the first charges against the leaders of the former
Provisional Military Administrative Council - also known as the Dergue - to
the Central High Court in Addis Ababa. Seventy-three Dergue members,
including former head of State Mengistu Haile Mariam, who was to be tried
in absentia , pending his extradition from Zimbabwe, requested in
February 1994, were charged with genocide and crimes against humanity. These
charges were only the first indictments concerning persons suspected to have
committed or ordered to be committed atrocities under the ousted regime.
Further charges would be filed subsequently regarding war crimes and related
offences. The Transitional Government declared it its duty to bring to
justice those persons with respect to whom there were serious reasons for
considering that they were responsible for serious violations both of
internatinal and domestic law.
E/CN. 4/1995/61
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Follow-up
135. On 9 December 1993, the Government provided the Special Rapporteur with a
reply to the case of Tesfahun Worku, transmitted in 1993, informing him that
an inquiry committee headed by the President of the Supreme Court had been set
up to clarify the events surrounding the student demonstration in Addis Ababa
during which the victim had been killed. On 23 September 1994, the Special
Rapporteur addressed a letter to the Government requesting further details
on the progress of these investigations as well as the legal basis and
attributions of an inquiry committee such as the one established in the case
in question.
Observations
136. The Special Rapporteur has followed with interest the work of the Office
of the Special Prosecutor. The beginning of judicial proceedings is certainly
an important step towards clarification of past human rights violations.
While welcoming this initiative, the Special Rapporteur wishes to remind the
authorities of the rights and guarantees contained in a number international
instruments relating to due process of law and the need to ensure the highest
possible standards of fair trial, particularly in view of the gravity of the
accusations. In this context, the Special Rapporteur would like to remark
that, in its resolutions establishing international criminal jurisdictions for
the trial of those responsible for genocide and crimes against humanity
committed in the former Yugoslavia and in Rwanda, the Security Council
excluded capital punishment and limited the penalties to imprisonment (see
also below paras. 374 and 406) . The Special Rapporteur also wishes to point
out that, in the case of Ethiopia, the information brought to the attention of
the Special Rapporteur is not sufficient so as to constitute prima facie
evidence of genocide.
137. Furthermore, the Special Rapporteur calls on the Transitional Government
to ensure, with the same degree of determination as shown in the efforts to
bring to justice those responsible for past abuses, that allegations of human
rights violations under the current authorities are subjected to exhaustive
and impartial investigations, with a view to establishing the facts,
determining those responsible and bringing them to justice, granting adequate
compensation to the victims or their families, and to prevent the recurrence
of such violations.
Gabon
138. The Special Rapporteur sent an urgent appeal to the Government after
receiving information about the death in a gendarmerie camp at Libreville,
during the night of 2 to 3 February 1994, of 71 clandestine immigrants,
reportedly due to the extreme overcrowding of the detention facility
(15 February 1994) . The Government replied on 21 February 1994, informing
the Special Rapporteur that the deaths had occurred in the context of a
confrontation between immigrants of different nationalities who were being
held in a hall and three rooms in acceptable conditions. The deaths were
discovered on the morning of 3 February and, after a meeting with the
diplomatic representatives of the States whose nationals had died, it was
agreed that the victims should be buried, as it was not possible to carry out
E/cN. 4/1995/61
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autopsies on such a large number of bodies. The Government also stated that
it planned to establish a centre for clandestine immigrants intercepted by the
security forces so as to be able to identify them and send them back, and to
avoid similar tragedies in the future. On 18 May 1994, the Government invited
the Special Rapporteur to visit Gabon.
Observations
139. As stated in a letter to the Government of 26 May 1994, the
Special Rapporteur is grateful to the authorities for their invitation to
visit Gabon and their willingness to cooperate with his mandate. Due to the
emergency situation in Rwanda, it was not possible for the Special Rapporteur
to follow up on the invitation during the summer. He did, however, ask the
Government to provide him with information on all steps taken to investigate
the events of February 1994. In this context, the Special Rapporteur would
like to point out that the responsibility for carrying out investigations into
alleged violations of the right to life, with a view to identifying those
responsible, bringing them to justice, granting adequate compensation to the
families of the victims and taking all necessary steps to prevent the
recurrence of such violations, lies with the State authorities. The Special
Rapporteur cannot, and does not wish to, replace them in this task, as his
role consists in observing how Governments comply with their obligations under
international law and assisting them through recommendations, where
appropriate.
140. The Special Rapporteur would also like to express his preoccupation at
the conditions of detention for clandestine immigrants intercepted by the
security forces. He is concerned at information indicating that security
personnel may have been implicated in the events leading to the deaths in the
camp. The Special Rapporteur calls on the authorities to fulfil their
obligation to conduct exhaustive and impartial investigations into the
killings with a view to clarifying facts, bringing those found responsible to
justice and punishing them, providing adequate compensation to the families of
the victims and adopting measures so as to prevent the recurrence of similar
incidents. The Special Rapporteur also wishes to point out that the number of
victims and the need to bury them quickly for hygienic reasons should not be
an excuse for not undertaking forensic examinations of their remains. Such
examinations should be carried out by experts, if necessary from abroad.
Guatemala
Information received and communications sent
141. 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 Guatemala on an alarming scale,
despite the peace process initiated between the Government and the Unidad
Revolucionaria Nacional de Guatemala (National Revolutionary Unit of
Guatemala, URNG). Negotiations had led to the signing, on 29 March 1994, of a
human rights accord, and an agreement, in June 1994, on the formation of a
Commission for the Clarification of Violations of Human Rights and Acts of
Violence which Caused Suffering to the Guatemalan People during the Armed
Conflict.
E/CN. 4/1995/61
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142. The Special Rapporteur continued to receive numerous reports of
violations of the right to life. According to a report published by the
Archbishop's Human Rights Office of Guatemala in July 1994, more than
160 people had been victims of extrajudicial, summary or arbitrary executions
during the first six months of the year. In addition, an increasing number of
acts of harassment and death threats were reported. Concern was expressed
that those responsible for human rights violations enjoyed, as in former
years, virtually complete impunity. Trade unionists, human rights activists,
members of popular organizations, journalists, persons linked with the church
engaged in activities in favour of marginalized sectors, as well as Guatemalan
refugees who had returned from Mexico and people working with them, continued
to be particularly targeted. The Special Rapporteur is also concerned at
persistent allegations of violence against street children and individuals and
organizations trying to improve their situation. As in the past, members of
the security forces and of Patrullas de Autodefensa Civil (Civilian
Self-Defence Patrols, PAC) , were said to be responsible for extrajudicial
killings and death threats. With regard to the PAC, the Special Rapporteur
continued to receive reports of acts of violence against persons opposing
forced recruitment into the ostensibly voluntary PAC. For a comprehensive
analysis of the human rights situation in Guatemala, the Special Rapporteur
refers to the report presented to the Commission on Human Rights by the
Independent Expert on Guatemala, Ms. M6nica Pinto (E/CN.4/1995/15) .
143. The Special Rapporteur sent 30 urgent appeals to the Government. In most
of them, he urged the authorities to adopt all necessary measures to protect
the lives and physical integrity of the following persons whose lives were
said to be at risk:
(a) Graciela Esther Barrios Marroquin, a Caritas worker in El Quiche
(14 January 1994) ; Francisco Le6n Guarcas and Manuela Nas, as well as
Josefa Macaria Calel, after the killing of their son and husband,
respectively, Felipe Le6n Nas, allegedly for his involvement in various
development projects in the community of Chich , El Quiche (7 February 1994);
Father Axel Mencos and Father Felipe Neri Quintanilla, priests of
Chichicastenango, El Quiche (2 March 1994) ; Bishop Rodolfo Quezada Toruflo,
President of the Asamblea de Sociedad Civil (ASC), who had acted as a mediator
between the Government and the URNG (6 July 1994);
(b) Estela Nimajuan and her four children between 4 and 12 years of
age, after the assassination of her husband Juan Cob Pichol, collaborator of
the Auxiliar de Derechos Humanos of Chimaltenango, and human rights activists
Mario Cob Martinez and Manuel Chavez Zuni n (2 February 1994); Axel Mejia,
Coralia Perez and other collaborators of “Casa Alianza” (2 March 1994); human
rights activist Nineth de Montenegro of GAM ( Grupode Apoyo Mutuo por el
Apareciemento con Vida de Nuestros Famillaries - Mutual Support Group for the
Appearance of our Relatives Alive) and trade unionists Byron Morales,
Nery Barrios, Armando Sanchez, Perci M ndez, Ernesto Bob and Carlos Enrique
Lobos, as well as journalist Adolfo Hector Ortiz Barrera (21 March 1994) ;
human rights activists Nineth de Montenegro and her husband Mario Pobanco
(24 March 1994) as well as the latter's brother Carlos Pobanco and
Geovany Monroy (31 March 1994); Gustavo Eduardo Lapoba and Victor Hugo Gudieb,
members of the Executive Committee of the Students' Association
(24 March 1994) ; trade unionists Nery Barrios, Arm ndo Sanchez, Dick Fletcher,
E/cN. 4/1995/61
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Humberto Sanchez, Dante Monterroso, Jose Pinz6n, Conrado Alberto Solis,
Tr nsito de Jesi s L6pez, Carlos Enrique Soils Ramos and Felix Hern ndez, after
the killing of trade unionist German Alfredo de Le6n Paraj6n (13 June 1994) ;
trade unionists Diego Lux Tun, Blanca Santos, Luis Arturo Yantuche Morales,
Manuel Cortez Perez, Florencia de Jesi s Telm n Garcia, No Figueroa,
Francisco Roberto Peffia, Ricardo Wilson, No Peffia and Juana Peffia, after the
killing of Adler Giovanni Wilson, son of Sonia Victoria Wilson, the
Secretary-General of the Sindicato de Trabal adores de Mantenimiento y dents
Dependencias del Ministerio de Finanzas PiOElicas (6 July 1994) ; trade unionist
Rena Cabrera Estrada, after the killing of Efrain Recinos G6mez,
Basilio Guzm n and Diego Orozco (15 September 1994) ; members of the AEU, after
the killing of Mario L6pez Sanchez during a demonstration on university
premises (17 November 1994) ;
(c) Juan Enrique Quiffiones Schwank, Technical Director of the Asociaci6n
para el Desarrollo para Am&ica Central (Association for the Development of
Central America, ADEPAC) (2 February 1994 and again on 29 April 1994) ;
Pedro Asturiaz Ruiz, technical counsellor of the Comisiones Permanentes de
Representantes para el Retorno de los Refugiados Guatemaltecos en Mexico
(Permanent Commissions of Representatives for the Return of Guatemalan
Refugees in Mexico) (19 April 1994) ; former refugees and persons working with
them, after the killing of returnee Manuel L6pez (14 November 1994);
(d) Otto Moran, director of the journal “Tinamit”, journalist
Marco Vinicio Mejia, and other staff of “Tinamit”, after the assassination of
journalist Victor Cruz and his daughter Maria Mejia (14) (5 February 1994)
(e) Judge Yolanda Perez Ruiz, allegedly for her investigations into
alleged human rights violations by members of the military (16 March 1994) ;
Mario Salvador Jim nez, Hector Rail Orellana and Maria Eugenia Villaseffior,
judges at the Appeals Court of Guatemala, allegedly in relation with their
work on several cases involving members of the security forces
(6 September 1994) as well as their bodyguard Miguel Manuel Pacheco C rdenas
(20 October 1994) ; witnesses in the judicial proceedings concerning the
killing of Jorge Carpio Nicolle (31 October 1994);
(f) Street children Luis JIItonio Rold n Izeppi (17) , Myriam Eugenia
Fuentes (14) and Francisco Tziac, as well as Luis Aroldo V zquez
(18 March 1994) ; Victor Manuel Alex (16), after having witnessed the killing,
allegedly by police, of fellow street child Sergio Manuel Chavez, alias
“El Chupado” (14 September 1994) ; Rigoberto Sol6rzano, Julio C sar
Chavez Orozco, Victor Manuel Garcia and other street children, after the
killing of fellow street children Ruben Garcia Gonzalez, Daniel Rosales,
Fidel Sol6rzano, Juan Humberto Ramos Cifuentes and Cecilio Jax
(4 October 1994);
(g) Pedro de Le6n Corio, collaborator of the Human Rights Commission
of Guatemala, Pedro Bop del Barrio (17) , Camilo Bernal Morales and
Pedro Bop Caba, by members of the PAC of Chel, El Quiche (21 April 1994) ; the
inhabitants of Panabajal, Chimaltenango, after the assassination of
Pascual Serech, member of the Cakchikel indigenous group, reportedly for
having opposed forced recruitment into the local PAC (16 August 1994) .
E/CN. 4/1995/61
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144. In addition, the Special Rapporteur urged the Government to carry out
exhaustive and independent investigations into human remains found in a
clandestine cemetery at Cuarto Pueblo Ixc n which may belong to victims of
extrajudicial, summary or arbitrary executions. The Special Rapporteur
recommended that internationally renowned forensic specialists be invited to
participate in the excavations and analysis of the remains (20 October 1994) .
145. The Special Rapporteur also transmitted to the Government the cases
of trade unionist Santiago Ram6n Morales Escobar, reportedly killed in
November 1993 by gunmen linked to the security forces; Juan Carlos
Ruiz Ramirez (15) , allegedly shot by a policeman for no apparent reason;
Mariano Perez, reportedly shot by soldiers who accused him of being a
guerrilla collaborator; trade unionist Gerntn Alfredo de Le6n Parej6n,
allegedly killed by security forces after being tortured. In addition, the
Special Rapporteur transmitted to the Government his concern at alleged
irregularities in the investigation into the killing of Jorge Carpio Nicolle.
Communications received
146. The Government provided the Special Rapporteur with replies concerning
a number of the cases transmitted in 1994, informing him that judicial
investigations had been opened into the killing of Felipe Le6n Nas
(27 April 1994) ; the killing of Maria Eugenia Muffioz Talom de Mejia and
her daughter Maria Alejandra Palomo Muffioz (14), wife and step-daughter,
respectively, of journalist Marco Vinicio Mejia (1 June 1994); the killing of
Efrain Recinos G6mez (29 September 1994); and the killing of several persons
in the village of Chel (7 October 1994) . At the time of the replies, the
proceedings were at different stages. In some of the cases, charges had been
brought against those presumed to be responsible for the killings or threats.
In the case of death threats against the judges Salvador Jim nez Barillas,
Maria Eugenia Villaseffior and Rai l Orellana, the Government also informed the
Special Rapporteur that judicial investigations had been initiated. In
October 1994, upon return from a trip abroad, Maria Eugenia Villaseffior had
stated that she no longer needed the protection provided by the State security
forces, as the threats against her had ceased (29 September and
16 November 1994) .
147. In the case of Graciela Esther Barrios Marroquin, the Government
pointed out that she had not filed a complaint before any court, as required
by law for an investigation to be carried out (18 April 1994) . In a later
communication, the Government informed the Special Rapporteur that, after a
request made by the Human Rights Procurator's Office, police protection was
granted to Esther Barrios Marroquin. The Government further reported that, in
accordance with the penal law in force, no information could be provided from
the files of proceedings that were under investigation (24 August and
22 November 1994) . In the case of the killing of trade unionist
German Alf redo de Le6n Paraj6n, the Government informed the Special Rapporteur
that investigations had been initiated and that a private dispute might be at
the root of the killing (19 October 1994) . The Government also provided a
reply to the Special Rapporteur's urgent appeal of 6 July 1994, informing him
that an arrest warrant had been issued as a result of investigations into the
killing of Adler Geovani Wilson but the wanted person could not be detained,
as his whereabouts had not yet been established (25 November 1994) .
E/cN. 4/1995/61
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Follow-up
148. The Government provided the Special Rapporteur with a number of replies
to allegations transmitted in 1993, informing him that judicial proceedings
had been opened and were under way at the time of the replies in the cases of
the killing of Henry Yubani Alvarez Benitez (see E/cN.4/1994/7, para. 310)
(24 March 1994) . In the case of 2IIdr s Godinez Diaz and Maria Perez Sanchez
(see E/CN.4/1994/7, para. 309 (b)), no evidence for the involvement of the PAC
could be found. As the investigations were continuing, no further details
could be provided (27 April and 25 November 1994). The Government also
informed the Special Rapporteur that no torture or ill-treatment had occurred
during the detention of Marco Choco Damas, as the latter confirmed himself in
a statement signed by him (see E/cN.4/1994/7, para. 308 (c)) (24 March and
25 November 1994) . In the case of Pablo Itzep Hern ndez, Cruz Luz Hern ndez
and Manuel Bat n Hern ndez (see E/CN.4/1994/7, para. 308 (c)), the Government
told the Special Rapporteur that a captain of the Guatemalan army had been
sentenced to four years' imprisonment and payment of an indemnity to the
victims (24 August 1994) . As concerns allegations of death threats against
Jer6nimo Morales Tiriquiz and Tom s Suy Canil, investigations had been opened.
After their return to the family home, they no longer complained of any acts
of intimidation against them (see E/cN.4/1994/7, para. 308 (c)) (18 March and
25 November 1994) . Finally, medical doctor Brenda M&ida (see E/CN.4/1994/7,
para. 308 (c)), had not responded to repeated invitations to collaborate in
the investigations initiated by the competent tribunal (25 November 1994) .
149. On 23 September 1994, the Special Rapporteur addressed a letter to the
Government in which he thanked the authorities for the information provided in
the aforementioned communications and asked for additional details as to the
progress of the investigations and, where appropriate, their results. He also
reiterated his request for additional details contained in his follow-up
letter of 22 September 1993 (see E/CN.4/1994/7, para. 312), for which no reply
had been received from the Government.
Observations
150. In his report to the Commission on Human Rights at its last session,
the Special Rapporteur expressed deep concern at the persistent and grave
allegations of violations of the right to life that had come before him during
1993 (see E/cN.4/1994/7, para. 313) . The reports and allegations brought to
his attention during 1994 continue to be most disturbing. The Special
Rapporteur calls on the Government to take firm action with a view to putting
an end to impunity by conducting exhaustive and impartial investigations into
all allegations of violations of the right to life, to identify those
responsible and bring them to justice, whatever their occupation, rank or
position, grant adequate compensation to the victims or their families and
take all necessary steps to prevent further human rights violations. The
Special Rapporteur also calls on the authorities to adopt measures to
eradicate violations of the right to life in the context of the PAC system.
In addition, those lawfully engaged in trade unions and activities aiming at
the defence of human rights should benefit from adequate protection measures
as a matter of priority. The Special Rapporteur hopes that the implementation
of the human rights agreement and the accord on the Clarification Commission
E/CN. 4/1995/61
page 52
may lead to an improvement in the respect for human rights, and calls on the
Government and the URNG to make every effort to comply with the agreements and
continue the process towards peace and reconciliation in Guatemala.
Haiti
151. According to the reports and allegations received during 1994, the human
rights situation in Haiti continued to be precarious. Violations of the
right to life, attributed to members of the army or the police, paramilitary
groups and armed civilians cooperating with them ( attaches ) , included
extrajudicial, summary or arbitrary executions and death threats, directed
principally against supporters of President Jean-Bertrand Aristide. Hopes
have been expressed that, with the return of President Aristide to Haiti,
respect for human rights may improve. With regard to an in-depth analysis of
the human rights situation in Haiti, the Special Rapporteur wishes to refer to
the report of the Special Rapporteur on the human rights situation there,
Mr. Marco Tulio Bruni Celli (E/CN.4/1995/59) .
152. During 1994, the Special Rapporteur addressed six urgent appeals to the
de facto authorities in Haiti, expressing concern at the alarming scale of
violations of the right to life in the country and urging them to take steps
to prosecute those responsible for such violations and prevent further acts of
violence. In particular, the Special Rapporteur acted upon allegations of
the killing of Saurel Guerrier (17) (9 February 1994) ; the killing of
Ronald Pierre, Jance Pierre and Henri Eliassin, as well as fear for the lives
of Saintil Alcidor, Jean-Pierre Josu and Fernand Hachette, all members of the
Projet Association d'Education des Pasteurs pour le D veloppement (PAEPD)
(15 February 1994) ; the torture and killing of Harold Fontaine and fears for
the life of Dumez Schneider, allegedly abducted together with Harold Fontaine
(29 April 1994) ; fears for the lives of Reynolds Georges, his wife
Marie H l ne Georges and Gesn re Hubert, employee at their household
(16 August 1994); the killing of 20 to 50 persons, including “Ti Claude”
(29 April 1994) ; and the killing of Father Jean-Marie Vincent
(1 September 1994) .
Observations
153. The reports and allegations received during 1994 warrant deep concern.
The Special Rapporteur hopes that the return of President Aristide may mark
the beginning of a new era in Haiti, in which the human rights situation
improves. He also hopes that the United Nations mission to Haiti may resume
its activities in the near future and contribute to respect for human rights.
However, the Special Rapporteur notes with regret that General C dras and
other military leaders responsible for the numerous extrajudicial, summary or
arbitrary executions and other human rights violations in Haiti imputed to
them enjoy impunity. To the Special Rapporteur's knowledge, there are no
attempts to hold the former de facto authorities responsible for human rights
violations committed under their responsibility.
Honduras
154. The Special Rapporteur received reports according to which, in late
December 1993, Leo Valladares Lanza, the National Commissioner for the
E/cN. 4/1995/61
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Protection of Human Rights, published a preliminary report on disappearances
in Honduras between 1980 and 1993, recommending that former and current
military and civilian officials responsible for these disappearances be
brought to justice. The National Commissioner also recommended reforms of the
judicial system and the military. The new Government of President Carlos
Roberto Reina, which took office in January 1994, reportedly pledged to
implement these recommendations.
155. However, the Special Rapporteur received with concern reports of death
threats and intimidation against Leo Valladares Lanza as well as Berta Oliva
de Nativi, General Coordinator of the Comit Nacional de Familiares de los
Desaparecidos en Honduras (National Committee of Relatives of Disappeared in
Honduras, COFADEH) and COFADEH collaborator Dma Meetabel Meza Elvir (urgent
appeal sent on 24 March 1994) and of further threats against COFADEH and
Jorge Valladares Valladares, assistant to the National Commissioner (urgent
appeal sent on 6 July 1994) . The Special Rapporteur also sent urgent appeals
to the Government on behalf of Carlos Roberto Ventura, allegedly under death
threats by members of the security forces after having witnessed the
extrajudicial execution of Juan Pablo Laguna Cruz (5 February 1994); and after
receiving reports of an attempt against the life of Jorge Alberto Sierra
Moncada, member of the Comit para la Defensa de los Derechos Humanos en
Honduras (Committee for the Defence of Human Rights in Honduras, CODEH)
(16 March 1994) . In addition, the Special Rapporteur transmitted to the
authorities the case of Rutilio Matute, member of the Xicaque indigenous
community, reportedly abducted and later found dead in May 1994. Members of
the security forces were said to have been involved in his killing. To date,
no reply has been received from the Government to any of these communications.
Observations
156. The Special Rapporteur noted with satisfaction the announcement by the
Government of its intention to clarify cases of disappearances and bring to
justice those responsible. Reports of threats and attacks against the
National Commissioner for Human Rights and his assistant as well as members of
human rights organizations, some of which have cooperated with United Nations
mechanisms for the protection of human rights for many years, are most
disturbing. The Special Rapporteur encourages the authorities to make every
effort to implement the recommendations made by the National Commissioner.
India
Information received and communications sent
157. During 1994, the Special Rapporteur received a number of reports and
allegations of human rights violations, including extrajudicial, summary or
arbitrary executions, in India. Most of these reports referred to deaths in
the custody of the security forces as a result of torture. Concern was
expressed that legal safeguards currently in force in India were not
sufficient to protect detainees, and those that exist are often disregarded.
The Special Rapporteur was informed that legislative proposals were brought
before Parliament by the Government in May 1994 with a view to strengthening
legal safeguards to protect police detainees from torture. The National Human
Rights Commission, established in September 1993, reportedly started
E/CN. 4/1995/61
page 54
investigations into deaths in custody. However, several sources informed the
Special Rapporteur that the vast majority of those responsible for deaths in
custody, whether police or army personnel, have not yet been brought to
justice.
158. The Special Rapporteur sent three urgent appeals to the Government after
being informed of fears for the lives and physical integrity of Kanwar Singh
Dhami, his wife Kuldip Kaur and their six-year-old son (8 April 1994) ;
detainees in Rajasthan, after the deaths in police custody, allegedly as a
result of torture, of Shankarlal Soni, Mahiman Kaushik, Rajendra Singh,
Mahesh Jam and Chhitarlal between April and July 1994 (22 August 1994) . The
Special Rapporteur sent another urgent appeal calling on the authorities to
ensure protection of the right to life and physical integrity of detainees
after receiving reports of the deaths in police custody, allegedly after
torture, of Rajesh Singhal and Tejaram Bill (1 September 1994) .
159. The Special Rapporteur also transmitted to the Government allegations
he had received concerning the deaths in police custody in the State of
JIIdhra Pradesh during the month of September 1993 of P. Ashalu, Khader Babu,
Pochamma and a five-month-old child; the killing, allegedly after torture,
by army personnel, of Sara Begum; and the deaths of Udayan, Madan Lal,
Gyuani Ram, Babu alias “Iqbal”, Dilbagh Singh, Raju Bhujel, Sarabit Singh,
Wilson, Ram Singh and Ganesh Bauri, allegedly due to torture while in custody
in police premises in various parts of the country.
Communications received
160. In a letter dated 25 November 1994, the Government provided replies to
most of the allegations transmitted in 1994. Thus, the Special Rapporteur was
informed that a police constable and the cook at the police station at Narwana
faced trial for poisoning Ram Gyani (not Guyani) ; the arrest and suspension,
pending preparation of their criminal prosecution, of police personnel who had
killed Wilson by beating him with sticks and iron pipes had been requested.
In the case of Ram Singh, investigations showed that he had been tortured
during police detention, but it could not be determined whether he had died or
not. Proceedings against six police officers had been initiated. Proceedings
were also under way to inquire into the circumstances of the deaths of
P. Ashalu, Khader Baba and S. Pochamma, who had died during detention due to
health problems. Furthermore, as regards the killing of Iqbal Babu, the
matter was sub judice . Dilbagh Singh died accidentally when he fell off the
railway compartment while accompanying police to apprehend a terrorist known
to him. Inquiries were still under way.
161. In the same letter, the Government informed the Special Rapporteur that
the five-month-old baby Rama had died from a respiratory tract infection,
owing to lack of proper medical treatment, and not as a result of
ill-treatment. Sara Begum had been found dead, and it was not possible to
determine the cause or circumstances of her death. No information could be
obtained as to the killing of a person called Sarbjit (not Sarabit) Singh.
162. With regard to the Special Rapporteur's urgent appeal of 8 April 1994,
the Government reported that Kanwar Singh Dhami and his wife Kaur Kuldip had
been arrested for their involvement in terrorism and violence. Both are
E/cN. 4/1995/61
page 55
currently being tried and remained in Chandigarh jail at their own request,
as they felt threatened by another terrorist group. Their son Kanbar Ranbir
Singh was with his parents at the time of their arrest, but was released
immediately (25 November 1994) .
Follow-up
163. The Government also provided the Special Rapporteur with information in
reply to numerous cases transmitted in 1993, informing him that investigations
had been carried out which established that Hamida Mattoo (see E/CN.4/1994/7,
para. 333 (b)) was caught in a cross-fire between government forces and armed
militants; criminal procedures were under way against security forces
personnel suspected of being involved in the death of Manzoor Ahmed Ganai
(ibid., para. 333 (d)), who died of renal failure one week after being
released from custody; a joint investigation by military and police personnel
was under way into the killing of Riyaz Ahmed (ibid., para. 333 (d)), a police
agent who was killed wearing plain clothes during a military operation in
Srinagar; investigations were also under way into the killing of
Abdul Ahad Guru (ibid., para. 333 (c)), who was killed by unidentified
kidnappers; and Bilal Ahmed and his parents (ibid., para. 333 (b)), who were
caught in a cross-fire between security forces and militants. During the days
following their death, security forces were compelled to open fire against
unruly mobs, causing the deaths of Mohammed Shadi, Aijaz Ahmed Khan and
Noor Mohammed Sofi (29 November 1993) . In a number of these cases, families
of the victims were granted relief payments.
164. In a further communication the Government informed the Special Rapporteur
about investigations which established that H.N. Wanchoo (see E/CN.4/1994/7,
para. 333 (c)), had been killed by members of a particular militant group,
some of whom had been arrested, without any involvement by security forces
personnel; criminal investigations were under way in the case of Nandgopal
(ibid., para. 333 (d)), who died of asphyxia due to hanging while in police
custody; Vidyadharan (ibid.), who had banged his head against the grills of
the lock-room while in detention and died as a result of the injuries
sustained; Abdul Ahad Magrey and Imtiaz Ahmed (ibid., para. 333 (b)), who
were killed when they were in an exchange of fire between security forces
and militants; Farooq Ahmed Ashai (ibid., para. 333 (c)), who died of
cardio-respiratory arrest due to a bullet wound, after being caught in an
exchange of fire between security forces and militants; three police officers
were brought to trial in connection with the death in custody of Satyavan
(ibid., para. 333 (d)); two police officers were held liable for negligence
while on duty after Vikal Kumar Adhana (ibid.) committed suicide while in
their custody; Hussain Ashiq (ibid., para. 333 (c) , caught by a bullet fired
by security forces to disperse an unruly crowd during the funeral of his
brother-in-law Abdul Ahad Guru (28 February 1994) . In the same reply, the
Government informed the Special Rapporteur of investigations into the
incidents in Sopore and Ayodhya (ibid., para. 333 (a)) . With regard to the
killing of 42 persons in Sopore, 10 border security force personnel and their
commanding officer were suspended pending inquiries by a special commission of
inquiry. After communal riots in Ayodhya security forces restored order and
special relief and rehabilitation measures were taken by the Maharashtra
E/CN. 4/1995/61
page 56
government. A judicial inquiry was ordered which was to submit its report
by 24 July 1994. In a number of these cases, families of the victims were
granted relief payments.
165. The Government also informed the Special Rapporteur that the lives of
Mohinder Singh Grewal and Nazir Ahmed Misri (see E/cN.4/1994/7, para. 332)
were not in danger and that they had not been ill-treated while being detained
(18 January 1994) . Umrao Singh (ibid.) escaped from detention, and a
magisterial inquiry had been ordered to determine the circumstances under
which he managed to escape (7 July 1994).
166. In a letter on 25 November 1994, the Government reported that two
magistrates had concluded that Satyavan (see E/CN.4/1994/7, para. 333 (d))
had died as a result of torture while in police detention. A request by the
police department to accord sanction or launch prosecution against seven
officers was under way. In the same letter, the Government stated that
investigations were under way to determine if police officers had been
negligent in the death due to self-inflicted injuries of Vidyadharan and the
suicide of Vikal Kumar Adhana while in detention (see E/CN.4/1994/7,
para. 333 (d)).
167. With regard to allegations transmitted by the Special Rapporteur in 1992,
the Government reported that investigations were carried out with regard to
the following cases: Khursheed Ahmed Bhat, who could not be traced and
therefore could not be confirmed as having died; Afjal Mohd, whose whereabouts
were unknown since he was arrested by border security force personnel in
December 1990; Puma Rabha, who committed suicide by hanging while in police
detention and whose body bore no traces of atrocities or injuries; Susil Bag,
allegedly beaten to death while in police detention, whose case police
authorities had been asked to investigate expeditiously (28 February 1994) .
In the case of Satnam Singh, the Government informed the Special Rapporteur
that he had never been arrested or picked up by the police in any district of
Punjab (7 July 1994) .
168. In a letter dated 23 September 1994, the Special Rapporteur thanked the
Government for the information provided and asked for additional details with
regard to, inter alia , the progress of the investigations, the nature of the
disciplinary sanctions imposed, the amount of the compensation payments
ordered and whether these payments had actually been made, as well as the
nature, legal basis and attributions of the special commissions of inquiry.
Furthermore, the Special Rapporteur reiterated his request for additional
details concerning a large number of other allegations of 1992 and 1993,
for which the Government had provided information (see E/cN.4/1994/7,
paras. 336-337) , made in a follow-up letter dated 22 September 1994, to which
no reply had been received. The Government replied to this letter and
provided additional information concerning the nature of investigation
commissions such as those established in the cases of Nandgopal or the
killings at Sopore and Ayodhya. The investigations into the latter two had
not yet been concluded, while the report of the inquiry into Nandgopal's death
had been submitted to the Government and would be made public after being
tabled in the Tamil Nadu Legislative Assembly (25 November 1994) .
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169. Also on 25 November 1994, the Government provided the Special Rapporteur
with comments on some of the observations contained in his report to the
Commission on Human Rights at its fiftieth session (E/cN.4/1994/7,
paras. 340-342) . The Government stressed the disregard for human rights and
the rule of law shown by terrorists and armed groups in the States of Jammu
and Kashmir and Punjab. The Government pointed out, inter alia , that attacks
by these armed groups were directed mainly against the civilian population,
and that the authorities were determined to protect the human rights of Indian
citizens. Rigorous measures were taken to punish security forces personnel
for excesses committed.
Observations
170. The Special Rapporteur wishes to thank the Government for the information
provided concerning a large number of the cases transmitted since 1992. The
efforts and willingness of the authorities to cooperate with his mandate thus
expressed are highly appreciated. Nevertheless, the Special Rapporteur
remains concerned about persistent allegations of violations of the right to
life, particularly of deaths in custody as a consequence of torture or
killings which, according to the authorities, occur in armed encounters. Such
reports, which have been received consistently over the past three years,
suggest the existence of patterns of violations of the right to life in
certain areas of the country, without, however, there being any indication of
systematic investigations into these patterns with a view to identifying their
causes and adopting the necessary steps to bring them to a halt. The
Special Rapporteur notes with concern that, while in most cases investigations
are said to be initiated, reports brought to his attention suggest that such
proceedings virtually never appear to conclude with a judgement convicting
the security forces personnel involved. The length of the investigative
procedures is also worrying: in a number of cases, inquiries opened more than
two years ago are still said to be in progress.
171. Reports of legislative initiatives to strengthen the legal safeguards
for detainees in police custody are most welcome and the Special Rapporteur
encourages the Government to continue efforts in this regard. However, he
wishes to insist on the importance of holding the authors of violations of
the right to life accountable and complying with the obligation to conduct
exhaustive and impartial investigations into all alleged extrajudicial,
summary or arbitrary executions, to identify and bring to justice those
responsible, to grant adequate compensation to the victims or their families,
and to adopt all necessary measures to prevent the recurrence of such
executions.
172. In this respect, the Special Rapporteur would like to express concern
at the apparent contradiction between the information received from the
Government regarding allegations transmitted to the authorities in 1992
and 1993, and comments and observations provided by the sources of these
allegations with regard to this information. As he pointed out in his
22 September 1994 letter to the Government, the Special Rapporteur finds
himself in a position where it is virtually impossible for him to determine
which of the contradicting versions corresponds to reality. In 1993, the
Special Rapporteur had inquired whether the Government would consider inviting
him to visit India. In November 1993, and again in February 1994, he met with
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representatives of the Government to discuss the possibility of such a visit.
He was informed then that the authorities preferred to await the first results
of the work of the newly established National Human Rights Commission before
considering a visit by the Special Rapporteur. However, in view of the
dilemma outlined above, the Special Rapporteur reiterated his interest in
visiting India so as to be in a position to assess the situation on the basis
of first-hand information. The Special Rapporteur also feels that a visit
could provide a welcome opportunity to meet the members of the Human Rights
Commission for a mutually beneficial exchange of views on issues of common
concern: the Special Rapporteur may be in a position to formulate
recommendations which could benefit the work of the Commission and to obtain a
better understanding of its functioning in practice as well as of the problems
and difficulties it encounters.
Indonesia
173. From 3 to 13 July 1994, the Special Rapporteur visited Indonesia and
East Timor, on the basis of an invitation extended to him by the Government
pursuant to resolution 1993/97 of the Commission on Human Rights. The
findings, conclusions and recommendations that resulted from this visit can be
found in the first addendum to the present report, published in November 1994
(E/cN.4/1995/61/Add.1). The following paragraphs contain an account of the
cases transmitted to the Government in 1994 as well as follow-up activities.
174. Most of the reports and allegations received during 1994 concerned
violations of the right to life in East Timor. However, the Special
Rapporteur was also informed of extrajudicial, summary or arbitrary executions
by members of the security forces in other parts of the country. Thus, the
Special Rapporteur transmitted to the Government allegations he had received
concerning the killing of four persons called Mutirah, Nindin (14), Simoki and
Muhammad, when security forces opened fire, allegedly without any warning or
provocation, on a crowd of demonstrators; Jery Manafe, reportedly beaten to
death by police officers in West Timor; Shukri T. Nun, allegedly shot by
soldiers in Aceh; Tilario Rodriguez (15), Tito Teles, Domingo dos Santos,
JIIilio Sarmento, Jong Kim Jong, all of them reportedly killed by military
personnel in East Timor during the first half of 1994; Joana Soares,
Antonio Amaral, Thomas Gomes, Manuel Amaral, Joao Soares and Jose Soares,
reportedly tortured and killed by military personnel in Onu Laran, Burcoli.
At the time the present report was finalized, no replies had been received
from the Government.
Information received
175. On 26 October 1994, the Government provided the Special Rapporteur with
information concerning the decision taken by the Military Court of East Timor
on 17 October 1994, in which two privates of the Indonesian armed forces were
sentenced to 2 and 2Y years of imprisonment, respectively, for having
desecrated Remexio Church, made public disturbances and disobeyed orders.
They were also discharged from the armed forces.
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Observations
176. For a detailed analysis of the situation with regard to violations of
the right to life in East Timor and, particularly, as concerns the killings
in Dili and subsequent developments, the Special Rapporteur refers to the
above-mentioned report on his mission to Indonesia and East Timor.
Iran (Islamic Republic of)
Information received and communications sent
177. The reports and allegations received by the Special Rapporteur indicate
that violations of the right to life continue to occur in the Islamic Republic
of Iran. As in former years, it was alleged that death sentences were
imposed, and carried out, after trials before Islamic Revolutionary Courts
which were alleged to fall far short of internationally recognized fair trial
guarantees. The Special Rapporteur also received disturbing reports of
persecution of leaders of different Christian churches in the Islamic Republic
of Iran, including the imposition of the death sentence for apostasy on
Reverend Mehdi Dibaj , a church leader who had converted from Islam to
Christianity 45 years ago. The Reverend was released on 16 January 1994, and
his dead body was found in July 1994. For an in-depth analysis of the human
rights situation in the Islamic Republic of Iran, the Special Rapporteur
refers to the report presented to the Commission by the Special Rapporteur on
the human rights situation in the Islamic Republic of Iran, Mr. Reynaldo
Galindo Pohl (E/CN.4/1995/55) .
178. The Special Rapporteur sent six urgent appeals to the Government.
Concern was expressed after the Special Rapporteur received reports of
death sentences handed down by Islamic Revolutionary Courts against
Ahmed Bakhtari (7 December 1994) ; 15-year-old Mitra Zahraei (11 January 1994) ;
Reverend Mehdi Dibaj (11 January 1994) ; Ali Akbar Saidi-Sirjani, essayist and
novel writer, and Said Niazi-Kermani, publisher and poet (29 April 1994) ; and
Parviz Sason-Yashar (26 May 1994) . In another urgent appeal, the Special
Rapporteur urged the authorities to take all necessary steps to protect the
lives and physical integrity of Hassan Shahjamali, reportedly abducted
together with two other church leaders, including Beni Paul, after the dead
bodies of Reverend Mehdi Dibaj and Reverend Mikhailian, Chairman of the
Council of Protestant Churches in Iran, had been found (11 July 1994) .
The Special Rapporteur also transmitted to the Government the cases of
Bishop Haik Hovsepian-Mehr, General Superintendent of the Assemblies of God
Church in the Islamic Republic of Iran, reportedly abducted and later found
dead after leading a campaign for the release of Reverend Mehdi Dibaj; and of
75-year-old Feizollah Meikhoubad, reportedly tortured to death while on death
row in Evin prison.
Communications received
179. On 15 August 1994, the Government provided the Special Rapporteur with a
reply informing him that on the basis of documents and the declarations of a
captured member of the Mojaheddin Khalgh Organization of Iran (MKO), it was
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established that Reverend Mehdi Dibaj and Reverend Mikhailian had been killed
by agents of that organization. The Government further reported that
Hassan Shahjamali and Beni Paul had been freed by their abductors.
Follow-up
180. In a follow-up letter to the Government on 23 September 1994, the Special
Rapporteur thanked the authorities for the information provided and asked for
additional details concerning the investigations carried out in the cases of
the religious leaders. He also requested further information with regard to
several cases transmitted in 1993, for which the Government had provided
replies (see E/cN.4/1994/7, para. 363), in particular with regard to the
specific questions of procedural guarantees, such as the right to an adequate
defence and the right to appeal.
Observations
181. The Special Rapporteur notes with deep concern the persistent allegations
of violations of the right to life in the Islamic Republic of Iran. The
Special Rapporteur appreciates the information provided to him by the
Government in 1993 and 1994 in reply to some of the cases transmitted by him.
However, none of these replies addresses the specific issues of fair trial
guarantees in proceedings before the Islamic Revolutionary Courts. The
Special Rapporteur reiterates his call, expressed in numerous urgent appeals,
to respect the rights of those facing the death penalty, as contained in the
pertinent international instruments.
182. Furthermore, the Special Rapporteur would like to express profound dismay
at the reports he received concerning the case of Feizoullah Meikhoubad. It
may be recalled that he first sent an urgent appeal to the authorities in
June 1993, after being informed that Mr. Meikhoubad had been sentenced to
death and might face imminent execution. On 22 September 1993, the Government
had informed the Special Rapporteur that Mr. Meikhoubad was waiting for the
final sentence to be issued and that he was in normal condition, regularly
visited by his family. In March 1994, the Special Rapporteur was informed
that Mr. Meikhoubad had died on 25 February 1994 in Evin prison after severe
torture. Requests to the Government to provide clarifying information have
not been answered to date. The Special Rapporteur is deeply concerned at the
persistence of reports of deaths in custody under suspicious circumstances.
To his knowledge, no efforts have been made to investigate these deaths with a
view to identifying those responsible and bringing them to justice.
Iraq
Information received and communications sent
183. Reports and allegations brought to the attention of the Special
Rapporteur in 1994 indicate that during trials leading to the imposition
of capital punishment in Iraq, defendants do not fully benefit from
internationally recognized fair trial guarantees. Grave shortcomings were
reported, in particular with regard to an adequate defence, as access to
Government-appointed lawyers was said to be severely restricted and in some
instances limited to the day before the trial, and with regard to the right to
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appeal if the death sentence has been handed down by a “special court”.
Furthermore, defendants charged with capital offences were allegedly often
denied the right to call witnesses on their behalf or to submit evidence
refuting the charges. Concerns were also expressed that the majority of
trials before “special courts” as well as permanent military courts which hand
down death sentences were held in camera . Moreover, confessions used as a
basis for the death sentences are frequently said to be extracted under
torture. The Special Rapporteur also continued to receive reports of
indiscriminate attacks against civilian settlements in the southern Marshes,
by the Iraqi military, allegedly using artillery and mortars as well as napalm
and fire bombs. For an in-depth analysis of the human rights situation in
Iraq, the Special Rapporteur refers to the report presented to the Commission
on Human Rights by the Special Rapporteur on the human rights situation in
Iraq, Mr. Max van der Stoel (E/CN.4/1995/56) .
184. The Special Rapporteur transmitted two urgent appeals to the Government
of Iraq. He expressed concern at death sentences reportedly imposed on
‘Ali ‘Issa and three other persons in December 1993, on Jordanian national
Kabed Sabri Sa'id Shahada on 5 February 1994, reportedly for drug-related
offences, and on Dhafer Zuhair Nahi and seven other persons said to be known
as opponents of the Government, reportedly for being “members of a gang”
(15 March 1994) . In a second urgent appeal, sent in response to reports of
indiscriminate attacks in the southern Marshes on several occasions in
March 1994, causing the death of at least 13 villagers, the Special Rapporteur
called on the authorities to prevent the recurrence of such attacks and to
ensure respect for the provisions contained in international instruments
regarding the use of force by law enforcement agencies (2 June 1994) .
Communications received
185. On 19 April 1994, the Government provided the Special Rapporteur with a
reply concerning his urgent appeal of 15 March 1994, informing him that the
death sentences against ‘Ali ‘Issa et al. had been handed down by a competent
court, in accordance with Iraqi anti-narcotics legislation, after they had
been found guilty of having committed the most serious drug-related offences.
The Government expressed its view that article 6 of the International Covenant
on Civil and Political Rights was fully applicable to the perpetrators of this
crime. The authorities further informed the Special Rapporteur that they had
no information on Kabed Sabri Sa'id Shahada, and that the eight persons
mentioned in the urgent appeal had confessed to having carried out a number of
crimes in various governorates, including the murder of a policeman, several
armed attacks and thefts. With regard to the allegations of shortcomings in
fair trial guarantees, the Government pointed out that Iraqi legislation
provided for the right to appeal, for an automatic review of judgements
involving the death penalty by the Court of Cassation in plenary session, and
the possibility for the President to grant special pardons except in cases of
sodomy, adultery and drug trafficking.
186. On 19 September 1994, the Government replied to the Special Rapporteur's
urgent appeal of 2 June 1994, stating that no houses had been destroyed or
burnt in any military operation carried out by Iraqi military units. The
allegation concerning the use of artillery and napalm bombs was totally
unfounded. The Government further pointed out that two of the persons
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mentioned in the Special Rapporteur's appeal had been killed in inter-tribal
clashes. Following these clashes, two others were detained but released after
it was established that they had not been involved in the killing. A third
person was also released after investigations owing to a lack of evidence
against him. With regard to six other persons, the Government did not have
any information.
Follow-up
187. On 7 January 1994, the Government provided the Special Rapporteur with a
reply to his follow-up letter of 22 September 1993, in which he had requested
additional information concerning the alleged killing of civilians during an
armed attack on the village of Uweina (see E/cN.4/1994/7, paras. 372, 375 (a)
and 377-378) and the death sentences imposed on a group of 40 merchants (see
E/CN.4/1993/46, para. 375 and E/CN.4/1994/7, paras. 376-377) . In a letter to
the Government on 23 September 1994, the Special Rapporteur thanked the
authorities for the information provided but pointed out that the very
specific follow-up questions regarding, inter alia , the investigations carried
out into the case of Uweina and the names of those killed and wounded in the
attack, as well as the names of four merchants who were said to have been
released after the court had found the evidence against them insufficient.
It should also be noted that the source of the alleged violations of the right
to life in Uweina replied to the Special Rapporteur's request for further
information, reiterating the concerns expressed earlier.
188. In the same letter, the Special Rapporteur asked the Government to
provide him with details additional to the information provided in its reply
of 19 April 1994, concerning the legal basis and attributions of the courts
before which the defendants had been tried, as well as details concerning the
offences committed and the trial proceedings.
Observations
189. The Special Rapporteur appreciates the willingness to cooperate with his
mandate shown by the Government in its replies. However, he remains concerned
at the persistent reports of military force against civilians in the southern
Marshes and reiterates his call on the authorities to prevent the recurrence
of acts causing the death of civilians and the destruction of their villages.
With regard to capital punishment, the Special Rapporteur notes that, while
Iraqi legislation provides for procedural safeguards, the replies received
from the Government do not contain any information about how defendants
benefit from their rights in practice. Specific questions to that effect have
remained unanswered.
Israel
190. The Special Rapporteur received numerous reports of violations of
the right to life by members of the Israeli Defence Force (IDF) against
Palestinian civilians, including numerous minors, in the occupied Gaza Strip
throughout 1993. Concern was expressed that extrajudicial, summary or
arbitrary executions continued despite the peace process initiated by the
signing of an accord between the Government and the Palestine Liberation
Organization (PLO) in 1993. The Special Rapporteur also received disturbing
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reports of killings of members of the Israeli security forces and civilians
carried out by members of the Islamic Resistance Movement (Hamas) , including
bomb attacks in Afalu in April 1994, and in Tel Aviv in October 1994.
Reference is made to the report presented to the Commission on Human Rights
by the Special Rapporteur on the situation of human rights in the occupied
Arab territories including Palestine, Mr. Rena Felber (E/cN.4/1995/19) .
191. The Special Rapporteur sent an urgent appeal to the Government after
being informed of the killing of Nidal Said Amead Bayoud Al-Tamimi, allegedly
while lying on the floor surrounded by soldiers at a check-point. The Special
Rapporteur called on the authorities to ensure that IDF personnel respect the
restrictions on the use of force and firearms, as contained in pertinent
international instruments (17 November 1994) .
192. The Special Rapporteur transmitted to the Government 55 cases of alleged
extrajudicial, summary or arbitrary executions, reported to have occurred
between April 1993 and March 1994 in the occupied territories. In most cases,
the victims were said to have been shot dead by snipers of the IDF, often
stationed on roof-tops and firing from close range. The following 18 cases
concerned minors, reportedly shot dead by members of the security forces:
(a) Raeda Omar Abed Rabbah Qarrah (13); Mohammad Mahmoud Mohammad
Abu Shawish (12); Ahead Nathmi Suboh Hamdan (12); Khaled Ibrahim Ali
Hilayel (17); Rami Hamed Mohammad Abu (13); Ibrahim Khaled Ibrahim Deek (14);
Ramzi Najib Diab Mansour (15) ; Ala' Saleh Salman Abu Hindi (10) ;
Mohammad Salem Isma'il Abu T'eimeh (12); Ra'fat Zaki Abdul Hadi Aqal (16);
Fares Mohammad Rasmi Ramadan Kurdi (1); Mohammad Mohammad Hussein Ghoul (13)
and Ahead Hassan Ali Kurdi (10); Muayyad Faleh Saleh Mahmoud (17) ;
Isma'il Hamdan Barka Obeid (16); Amin Mohammad Abdul Karim Ammar (12);
Ahmed Abdullah Ahmed El Zalameh (17); and Hazim Mohammed Mohammed Migdad (15);
(b) Further cases transmitted by the Special Rapporteur concerned the
following persons: Bilal Mohammad Suleiman Khuzamymiyeh; Najah Abu Dallal;
Hani Mohammad Hasan Mu'ammar, Ahead Hamad Salameh Abu Aa'alik, Mohammad Mahmud
Mohammad Bahader and Ayed Salim Deeb Habet; Jum'a Farhan Obeid Abu Muheisen
and Yusef Farhan Obeid Abu Muheisen; Fuad Isma'il Yusef Timraz; Awni Nayef
Mohammad Mqous; Kamal Yusef Darwish Aslan; Ya'qub Yusef Mohammad Hussein
Mutawe; Hatem Yaqin Yacoub Othman Muhtaseb and Raed Yuesf Abdul Qader Zu'rob;
Ragheb Ziad Ragheb; Yusef Ibrahim Mohammad Abu Rahmeh; Mahmoud Abdul Raouf
Mahmoud Ghandour; Ibrahim Mohammad Abdul Razzaq; Raed Yahya Deeb Qosa;
Hassan Mohammed Jmi'an El Soufi; Mo'mar Saleh Hussain Al Mubayed; Ali Mohammed
Ahmed El Farra; Nidal Ramadan Mohammed Awaad; Ahmed Khalid Serhan Abu El Reesh
and Fared Yousef Ibrahim Imtear; Ashraf Mohammed Ahmed Khaleel; Fadil Abedalla
Mahomud Rihan; Abass Khader Said El-Saedi; Fareed Mohamed Mohamed El-Chair;
and lyad Abed El-Karem Abed El-Fattah El-Hinwi;
(c) Six Fatah members, Ahmed Abu Ibteihan, Jamal Abdel Nabi,
Nahedh Uda, JIIwar Maqoussi, Majdi Ubeid and Abdel Hakim Shamali, were
allegedly killed by Israeli undercover units in an operation allegedly aimed
at their elimination. According to the reports received, no attempts were
made to arrest the men. One case referred to the death of Ayman Nassar,
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reportedly due to the consequences of a smoke bomb used by military personnel
to force him out of a hide-out, for which he had not received adequate
treatment while in custody.
193. At the time the present report was finalized, no replies had been
received from the Government.
Observations
194. The Special Rapporteur wishes to express deep concern at the persistent
reports of violence in Israel and the occupied territories. Information
regarding excessive and arbitrary use of force, which has been received by the
Special Rapporteur on a continuous basis during the past three years, suggests
the existence of a pattern of abuse of force. Despite moves towards a peace
settlement, this shoot-to-kill policy appears to continue unabated. To the
Special Rapporteur's knowledge, there have been no attempts at systematic
investigations or prevention of violations of the right to life on the part of
the security forces. The Special Rapporteur urges the Government to conduct
exhaustive and impartial investigations into all alleged violations of the
right to life, with a view to identifying those responsible and punishing
them, and to grant adequate compensation to the victims.
195. Reports of killings of members of the Israeli security forces and
indiscriminate attacks causing the deaths of numerous civilians by members of
Palestinian organizations, particularly 1-lamas, are also most disturbing. The
Special Rapporteur appeals to the Palestinian authorities to do their utmost
to prevent such killings. Finally, the Special Rapporteur calls on both sides
to continue their efforts towards peace and protection of human rights, and to
take decisive action against all those responsible for actions which can only
be detrimental to the peace process.
Ital y
196. The Special Rapporteur transmitted to the Government the case of
Antonio Morabito, who was reported to have died in the custody of Turin
police on 18 December 1993, allegedly as a consequence of torture. On
14 November 1994, the Government informed the Special Rapporteur that
Antonio Morabito, who was HIV-positive and in a poor state of health, had died
while being transferred to hospital one hour after his arrest by the police on
suspicion of theft. After due investigation of the case, the Public
Prosecutor requested the committal for trial of two police officers belonging
to the squad that arrested Antonio Morabito on charges of manslaughter. The
Government also stated its view that whenever the death of a person in custody
could be attributed to public officials, police officers, penitentiary guards
or the like, and the State takes appropriate action to submit to trial any
such official, the death cannot be qualified as extrajudicial, summary or
arbitrary execution.
Observations
197. The Special Rapporteur thanks the Government for the information provided
in reply to his communication. With regard to the Government's concern about
the qualification of a case as extrajudicial, summary or arbitrary execution,
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he wishes to point out the following: the mandate entrusted to him by the
Commission on Human Rights includes all violations of the right to life.
When he receives allegations from credible sources that such violations are
imminent, the role of the Special Rapporteur is to alert the authorities and
call on them to provide the necessary protection. Where such violations have
already taken place, it is incumbent on the Special Rapporteur to monitor how
Governments comply with their obligation under international law to conduct
exhaustive and impartial investigations with a view to clarifying the facts
and identifying those responsible, to bring them to justice and punish them,
to provide adequate compensation to the victims or their families and to
prevent the recurrence of such violations. If a Government fulfils this
obligation in a satisfactory way, the Special Rapporteur will report thereon
to the Commission on Human Rights and consider the case as closed.
Japan
198. The Special Rapporteur transmitted to the authorities the case of
Kawanaka Tetsuo, reportedly executed in Osaka in March 1993 after spending
13 years on death row. According to the information received, he was mentally
ill and his condition had deteriorated in the months preceding his execution.
On 16 November 1994, the Government provided a general explanation of Japanese
law and practice in reply to these allegations, while pointing out that no
information on specific cases was disclosed, inter alia in order to protect
the rights, honour and privacy of the persons concerned. The Government
informed the Special Rapporteur that the death sentence, like all sentences,
is the result of a judicial decision reached in accordance with the procedures
of Japan's adversarial three-tiered legal system. For death penalty cases, an
additional review of the final court decision by the Minister of Justice was
provided for under the Japanese Code of Criminal Procedure, which also
stipulates that the execution of a person in state of insanity shall be stayed
by order of the Minister of Justice. The Government concluded that, as a
consequence, there was no possibility whatsoever that an extrajudicial,
summary or arbitrary execution could take place in Japan.
Observations
199. The Special Rapporteur wishes to thank the Government for the information
provided. He would like to point out, however, that the existence of
legislation providing for full fair trial guarantees and safeguards, while
certainly to be welcomed, does not in itself exclude the possibility of the
occurrence of extrajudicial, summary or arbitrary executions in any given
country. Rather, it is the compliance with the rights and guarantees of due
process, as contained in the pertinent international instruments, which is to
be verified in each case where a breach of these standards is alleged.
Kazakhstan
200. The Special Rapporteur sent an urgent appeal to the Government
expressing concern at death sentences reportedly imposed on Mr. Shtyrkhunov
and Mr. Puchkov. Both men were said to have appealed to the President for
clemency. However, as the carrying out of death sentences was allegedly not
automatically suspended for the duration of the clemency procedures, it was
feared that their execution was imminent (24 March 1994) . On 11 April 1994,
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the Government replied to the urgent appeal, informing the Special Rapporteur
that the death sentences would be carried out only after the adoption of a
decision by the President of the Republic. The Government further pointed out
that, in accordance with the Decision of the President of the Republic of
Kazakhstan of 25 January 1992 “On clemency procedure in the Republic of
Kazakhstan”, the granting of clemency was considered by the President
irrespective of whether the individual sentenced to death had or had not
petitioned for clemency.
Follow-up
201. In a letter dated 23 September 1994, the Special Rapporteur thanked the
Government for the information provided and asked about the further evolution
of the two cases.
Kuwait
Information received and communications sent
202. As in the past, the Special Rapporteur received a number of reports
expressing concern at violations of internationally recognized fair trial
standards in proceedings leading to the imposition of capital punishment.
Such allegations referred to restrictions in access to lawyers and limited
appeal procedures. It was also reported that complaints of torture, allegedly
used in order to extract confessions, were not properly investigated. In an
urgent appeal sent on 7 July 1994, the Special Rapporteur expressed concern
at reports of a death sentence imposed on Ra'ad ‘Abd al-Amir ‘Abbud al-Asadi
and five others, convicted by the State Security Court of participating in
an alleged assassination attempt against the former President of the
United States of America, George Bush. According to the information received,
during their trial, the defendants were denied the right to be represented by
a lawyer at all stages of the proceedings, and that their right to be presumed
innocent had been jeopardized by public statements allegedly made by the
Public Prosecutor during a press conference.
Communications received
203. On 14 October 1994, the Government replied to the Special Rapporteur's
urgent appeal of 7 July 1994, providing him with information on the procedural
guarantees and safeguards for defendants in criminal proceedings contained in
the Kuwaiti Constitution and Code of Criminal and Trial Procedure, as well
as special safeguards contained in Kuwaiti legislation in cases of death
sentences and their enforcement, including an automatic appeal procedure, in
case no appeal has been lodged by the convicted persons. In cases of death
sentences, the Court of Cassation must consider all aspects of the form and
content of the judgement. Death sentences cannot be carried out before
ratification by the Amir, who is empowered to grant pardons or declare
amnesty. In the case in question, the Government informed the Special
Rapporteur that five barristers were appointed by court, while one person
chose a defence counsel. All six defendants were thus able to avail
themselves of the services of defence counsels. At the time of the reply, the
judgement was being considered by the Court of Cassation. Fears that they
might face summary execution were therefore unfounded.
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Follow-up
204. On 3 December 1993, the Government provided the Special Rapporteur with
information complementing an earlier reply and giving additional details
concerning the acquittal of Ghaleb Abd al-Majid al-Turki, who had been
reported to be at risk of execution (see E/CN.4/1994/7, paras. 402-403) .
Observations
205. The Special Rapporteur thanks the Government for the detailed information
provided. He encourages the authorities to ensure full implementation of the
safeguards and guarantees contained in the law. He also calls on them to
carry out investigations into all cases where a breach of fair trial
standards, as contained in the pertinent international instruments, is
alleged. In accordance with the procedure established for his mandate, the
contents of the reply were transmitted to the source of the allegations for
comments and observations.
Kyrqyzstan
206. The Special Rapporteur sent two urgent appeals to the Government. In the
first such appeal, he expressed concern in response to allegations according
to which Bakir Tanikulov was sentenced to death after trial proceedings in
which he may not have been granted adequate time to prepare his appeal. In
the cases of Andrei Arazov and Sultan Kaibzhanov, it was alleged that the only
evidence used against them for convicting them of murder and sentencing them
to death were confessions made by them to law enforcement officials during
interrogations. During the trial hearings, both reportedly retracted these
confessions, claiming that their interrogators had forced them to confess by
means of threats and physical violence (29 April 1994) . Further to these
allegations, the Special Rapporteur addressed the authorities after being
informed that the Clemency Commission had upheld Andrei Arazov's petition
for clemency and that his death sentence had been commuted by the President
of the Republic to 20 years' imprisonment. The Clemency Commission, however,
was believed not to have granted clemency to Sultan Karibzhanov, and it
was unclear whether the President had signed the execution order
(28 September 1994) . By the time the present report was finalized, no replies
had been received from the Government.
Lebanon
207. The Special Rapporteur sent an urgent appeal to the Government after
being informed of death sentences handed down by the Court of Justice on
‘Abd al-Karim Hujayj, Mohammad Za'tar and Nehmeh Hammadi, in the case of the
latter allegedly in absentia . According to the information received, the
Court of Justice tries certain cases referred to its jurisdiction by
presidential decree, usually if matters affecting the security of the State
are involved. Allegedly, defendants before this court do not have a right to
appeal against its verdicts (19 April 1994) . The Special Rapporteur also
transmitted the case of Fawzi al-Rasi, a member of the Lebanese armed forces,
reportedly tortured and killed during interrogations on the premises of the
Ministry for Defence in Yarzeh. To date, no reply has been received from the
authorities.
E/CN. 4/1995/61
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Observations
208. The Special Rapporteur is concerned at the apparent restrictions on
the right to appeal of defendants before the Court of Justice. Even though,
according to the information received, no death sentence can be carried out
before the Commission des gr&ces has been consulted and approval given by the
President, the right to appeal before a higher tribunal against conviction and
sentence must be safeguarded. The Special Rapporteur calls on the Government
to review the procedures for trials before the Court of Justice accordingly.
Liberia
209. As in former years, the case of Liberia may serve as an example for a
situation where it is known that numerous violations of the right to life
take place without there being any mechanisms in place for victims or their
families to seek redress and protection, but where the Special Rapporteur does
not receive reports or allegations that would permit him to act within the
framework of his mandate. Furthermore, the Special Rapporteur is not aware
of any follow-up to the investigation carried out by a panel of experts
mandated by the Secretary-General to investigate one particularly serious
case of violations of the right to life in Liberia, the massacre of nearly
600 displaced persons at a camp at Harbel. Similarly, he has not received any
information as to the evolution of attempts to create a human rights component
within the United Nations Observer Mission in Liberia (tJNOMIL) . In early
1994, the Special Rapporteur had expressed his interest in conducting a visit
to Liberia and assisting in evaluating the possibilities for human rights
monitoring. There has been no reaction to date.
Malaysia
Communications received
210. On 27 January 1994, the Government replied to concerns transmitted by
the Special Rapporteur in 1993 regarding the alleged presumption of guilt
contained in Malaysia's Dangerous Drugs Act, 1952 (see E/cN.4/1994/7,
paras. 425-426 and 428) . The Government refuted these allegations and pointed
out that, like under any other law in Malaysia, persons accused under the
Dangerous Drugs Act were presumed innocent until proven otherwise. The
Government also informed the Special Rapporteur that cash rewards to informers
and agents provocateurs were provided for in article 42A of the Act, their
payment being decided upon by the Director General of the Department of
Customs and Excise, as deemed necessary, for the cooperation and assistance
given in the detection or investigation of cases under the Act or in relation
to any raid carried out under the Act. The Government further stated that the
death penalty, too, was provided for by the Act. It was confined to
traffickers in dangerous drugs and was applied uniformly in all cases.
Follow-up
211. In a letter dated 23 September 1994, the Special Rapporteur thanked
the Government for the information provided. In the same letter, however,
he expressed concern at provisions contained in the Dangerous Drugs Act, 1952,
which clearly lay the burden of proof upon the defendants. Thus,
E/cN. 4/1995/61
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article 37 (a) stipulates that any person who is found to be in possession of
a certain amount of different types of dangerous drugs, as defined in the
First Schedule of the Act, otherwise than in accordance with the authority of
the Act or any other written law, “shall be presumed, until the contrary is
proved, to be trafficking in the said drug”. According to article 39B,
persons who, on their own behalf or on behalf of any other person, traffic in
a dangerous drug; offer to traffic in a dangerous drug; or do or offer to do
an act preparatory to or for the purpose of trafficking in a dangerous drug,
“shall be guilty of an offence against this Act and shall be punished on
conviction with death”. The fact that under the Act evidence provided by
agents provocateurs , who are often police or customs officers, is admissible
(art. 40A (2)), and that rewards are authorized to be paid for such evidence
(art. 42A), increased the Special Rapporteur's preoccupation. He asked the
authorities to provide him with additional information, particularly about the
safeguards in place to guarantee that, as stated by the Government in its
letter, persons charged under the Act were presumed innocent until proven
otherwise.
Observations
212. As stated in his letter to the Government, the Special Rapporteur remains
concerned that defendants accused under the Dangerous Drugs Act, 1952 (revised
in 1980) , and particularly those who, upon conviction, face the death penalty,
do not fully benefit from fair trial guarantees as contained in the pertinent
international instruments. The articles cited above are of particular
relevance in this regard. The Special Rapporteur therefore reiterates his
call on the Government to review its anti-drug-trafficking legislation so as
to avoid any doubts as to the presumption of innocence for those tried under
the Act. He would also recommend the revision of the provisions regarding
cash rewards for agents provocateurs , and the exclusion of the testimony of
any person who has received, or is eligible to receive, a reward for having
provided information in relation to the proceedings in which he or she
testifies.
Mali
213. The Special Rapporteur transmitted to the Government allegations he had
received according to which Hamma Ag Mohammed, Erless Ag Koti, Al Hassan
Ag Taghalit and nine unidentified persons, all civilians and members of the
Tuareg ethnic group, were killed in April 1994 by members of the Malian armed
forces, reportedly in reprisal for the killing on the previous day of two
soldiers by former Tuareg fighters who had joined the army.
214. On 4 August 1994, the Government informed the Special Rapporteur that
despite a number of steps taken to pacify the northern regions of the country,
where armed confrontations between government forces and the coalition of
Tuareg forces Mouvements et Fronts Unifies de l'Azawad (Unified Fronts and
Movements of Azawad, MFUA) , had taken place for the past three years, the
security situation continued to suffer under attacks from Tuareg rebels. As
a consequence, the Government was obliged to reinforce the presence of the
armed forces in the area. Some of the former MFUA combatants, who had been
integrated into the army in 1991, reportedly deserted and committed acts of
violence against their former colleagues and civilians.
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Observations
215. The Special Rapporteur calls on the Government to continue efforts
towards better protection of the right to life. In this regard, he underlines
the importance of ensuring that security forces personnel act within the
restrictions and constraints imposed upon the use of force and firearms by the
pertinent international instruments. The Special Rapporteur urges the
authorities to conduct exhaustive and impartial investigations into all
allegations of excessive or arbitrary use of force and punish those
responsible. The Special Rapporteur also recommends that the distribution of
arms among the civilian population be restricted and kept under tight control.
Finally, the Special Rapporteur appeals to the Government and the MFUA to
continue efforts towards peace and reconciliation and to do their utmost to
prevent any acts that might be detrimental to this endeavour.
Mexico
Information received and communications sent
216. Most of the reports and allegations received in 1994 referred to violence
in the context of the armed uprising of the Ej&cito Zapatista de Liberaci6n
Nacional (Zapatista National Liberation Army, EZLN) and its repression by
security forces in the State of Chiapas at the beginning of the year. Some
2,500 members of the EZLN reportedly took up arms on 31 December 1993 in
protest against extreme poverty, underdevelopment and discrimination against
the indigenous population of the area. The EZLN gained control of several
towns in the State of Chiapas. After several days of heavy fighting between
the EZLN and government troops, a cease-fire was declared on 12 January 1994.
However, attacks were said to continue during the days following the
cease-fire. During the period of armed confrontations and in its aftermath,
civilians suspected of being members or supporters of the EZLN were said to be
extrajudicially executed by the security forces. Medical personnel and
persons linked with the Church were said to have been targets of harassment
and death threats for treating people injured during armed confrontations.
Death threats were also reported against representatives of indigenous
organizations and human rights associations, as well as trade unionists,
apparently for their role in the negotiations between the EZLN and the
Government.
217. The Special Rapporteur also received reports of violations of the right
to life in the context of the general elections of 21 August 1994, as well as
allegations of violence directed against members of indigenous communities.
Several sources expressed concern that members of the security forces
responsible for human rights violations continue to enjoy virtually total
impunity.
218. The Special Rapporteur sent six urgent appeals to the Government. Three
urgent appeals concerned allegations relating to the events in Chiapas:
(a) The Special Rapporteur expressed concern at reports of a large
number of extrajudicial executions, according to some sources more than one
hundred. Fears had also been expressed for the lives of persons detained by
the security forces for their membership, or suspected membership, in the EZLN
E/cN. 4/1995/61
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(17 January 1994) . The Special Rapporteur sent another urgent appeal after
receiving reports of the killing of Mariano Perez Diaz, leading member of the
Consejo Estatal de Organizaciones Indigenas y Campesinas de Chiapas (State
Council of Indigenous and Peasant Organizations of Chiapas, CEOIC) , and
allegations of death threats against other indigenous leaders and members of
human rights organizations, including Antonio Hern ndez, Margarito Ruiz and
the bishop of San Crist6bal de las Casas, Samuel Ruiz, as well as death
threats against nuns working at the hospital of Altamirano (16 March 1994) .
A third urgent appeal concerned alleged death threats against Andre Aubry,
coordinator of the Instituto de Asesoria Antropol6gica para la Regi6n Maya
(Institute for JIIthropological Advice in the Maya Region, INAREMAC) based in
San Crist6bal de las Casas, his wife Ang lica Sara Inda and two secretaries of
the institute, Rafaela L6pez Morales and Matilde Moreno (13 June 1994);
(b) The Special Rapporteur sent another urgent appeal after being
informed of fears for the lives and physical integrity of members of the
Jesuit order in Mexico, after death threats had appeared on posters in Mexico
City. Jesuits were also said to have received threatening phone calls after
they had been accused in newspapers of being involved in guerrilla activities
(16 August 1994) . Fears had been expressed for the lives of members of the
political party Partido de la Revoluci6n Democr tica (Democratic Revolution
Party, PRD) , after the killing of Roberto Hern ndez Paniagua and the detention
of Enrique Murias, both municipal party officials (14 September 1994) ;
(c) Finally, the Special Rapporteur urged the authorities to take all
necessary measures to protect the lives and physical integrity of members of
the Nahua and Otomi indigenous communities, after two of their leaders,
Rolando Hern ndez Hern ndez (17) and Atonio Hern ndez Hern ndez, were abducted
by members of the security forces and later found dead (26 September 1994) .
219. The Special Rapporteur also transmitted to the Government allegations
related to the violent events in Chiapas in early January: the killing of
George Solis and Eduardo G6mez, reportedly found dead after having been
detained by police in Las Margaritas; Severiano, Sebastian and Hermelindo
Santiz G6mez, reportedly detained and abducted in a military ambulance in
early January in Morelia, Altamirano, and feared to have been executed. A
further case transmitted by the Special Rapporteur concerned the alleged
extrajudicial execution of Luis Martinez Rivera in Morelos, in August 1994.
Communications received
220. On 26 January 1994, the Government replied to the Special Rapporteur's
urgent appeal of 17 January 1994, informing him that the National Human Rights
Commission had established offices in different cities in Chiapas. More than
170 complaints had been received and were being investigated. Some of these
complaints concerned alleged extrajudicial, summary or arbitrary executions at
the hands of security forces personnel. On 24 March 1994, the Government
forwarded a copy of the report presented by the Chairman of the NHRC in
February 1994, containing an account of the investigations carried out.
According to this report, 218 complaints had been received, 76 of which were
directed against the Mexican army and 20 against the EZLN; 56 complaints
concerned homicides, 80 torture and 427 requests to find the whereabouts of
persons thought to have disappeared. The NHRC had established that air
E/CN. 4/1995/61
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attacks had been carried out in areas inhabited by civilians. It had also
established that the army had been responsible for the killing of 11 civilians
at hospital facilities in Ocosingo. On S May 1994, the Government provided a
reply to the Special Rapporteur's urgent appeal of 16 March 1994 and informed
him that the NHRC had initiated investigations into the killing of
Mariano Perez Diaz, although no complaint had been received concerning the
case.
221. On 24 August 1994, the Government replied to the Special Rapporteur's
urgent appeal of 13 June 1994, informing him that the NHRC had opened
inquiries into the death threats against Andre Aubry, his wife and two
secretaries of INAMERAC. The Public Ministry was also investigating the death
threats, the authors of which had not yet been identified. With regard to
reports of death threats against members of the Jesuit order in Mexico, the
Government informed the Special Rapporteur that, during a meeting with Jesuit
representatives, President Carlos Salinas de Gortari had announced thorough
investigations into acts of harassment reported by the Jesuits and condemned
the campaign of calumny against the order. He also assured them that no
official institution was behind this campaign, and that no official document
linked them in any way with the guerrillas. On 6 September 1994, the
Government informed the Special Rapporteur that George Mariano Solis L6pez and
Eduardo G6mez Hern ndez were arrested by police on 16 January 1994 and then
detained by members of the military. Investigations had been opened. The
Government pointed out that the NHRC did not have enough evidence to prove
human rights violations in this case, as both police and military commanders
denied having arrested or detained any civilians, and residents of the area
refused to give testimony for fear of reprisals. In the same reply, the
Government informed the Special Rapporteur that forensic examinations could
not determine whether the human remains found in February 1994 belonged to
Severiano, Sebastian and Hermelindo Santis G6mez, despite the participation in
such examinations of experts from the NGO Physicians for Human Rights. The
NHRC had received a complaint concerning the case and was continuing its
investigations. In both cases, the families of the victims were granted
indemnification by the Fondo de Apoyo para Viudas y Hu rfanos en Areas de
Conflicto (Support Fund for Widows and Orphans in Conflict Areas, FAPIAC) .
222. In reply to the allegations concerning the killing of Luis Rivera
Martinez, the Government informed the Special Rapporteur in a letter of
25 November 1994 that the NHRC had not received any complaint about the case.
The Government also pointed out that the military officer under whose command
the killing was said to have been committed, had been imprisoned in a high
security prison in another part of Mexico since 1993, after having been
convicted of murder and other crimes.
Follow-up
223. On 24 November 1993, the Government provided the Special Rapporteur
with information in reply to the latter's follow-up letter of
22 September 1993, in which he had asked for specific additional details
concerning investigations into cases transmitted in 1992 (see E/CN.4/1994/7,
para. 439) . On 1 December 1993, the Government provided the Special
Rapporteur with information on a number of cases transmitted in 1993 (see
E/CN.4/1994/7, para. 436 (b)) . Investigations into these cases had been
E/cN. 4/1995/61
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opened by the NHRC. At the time of the reply, the authors of the killings of
Mateo Vargas Nava, Isidro Vargas Nava and Bulmaro Vargas Najera had not yet
been identified. Penal proceedings were opened in the case of Sabino Diaz
Osorio and Rodrigo Javier G6mez Zamorano, and the arrest of two persons
presumed responsible for their killings was requested. The NHRC had not found
any information concerning the killing of Jose Ramos Muffioz.
224. On 23 September 1994, the Special Rapporteur thanked the Government for
the information provided. He requested additional details with regard to the
planned legislative reform concerning reparation payments in cases of human
rights violations. According to the information received, this reform was to
have been debated in Parliament in December 1993. The Special Rapporteur also
asked to be informed of the progress of the investigations initiated by the
NHRC. With regard to the violent events in Chiapas and the investigations
conducted in their aftermath, the Special Rapporteur inquired whether any
judicial or disciplinary proceedings had been opened with regard to the
members of the security forces found to be responsible for human rights
violations by the NHRC. He also asked to be informed of steps taken to
prevent the recurrence of similar outbreaks of violence.
Observations
225. The Special Rapporteur wishes to thank the Government for its willingness
to cooperate with his mandate, expressed in numerous replies. However, he
remains concerned at persistent reports of violations of the right to life in
the country, particularly in connection with excessive and arbitrary use of
force by law enforcement officials during military operations or directed
against persons in detention, and at the fact that recommendations by the NHRC
often appear not to be followed. The Special Rapporteur calls on the
authorities to ensure that such recommendations are implemented. The fact
that possible witnesses continue to refuse to collaborate with the NHRC out of
fear for their safety is most worrying. The Special Rapporteur urges the
Government to take all necessary measures for the protection of witnesses.
He also encourages the Government to ensure that those responsible for
human rights violations be brought to justice and to pursue the necessary
legislative reforms so that victims of such violations or their families may
receive adequate compensation.
Morocco
226. The Special Rapporteur transmitted to the Government the case of
Mounir Azaage, who died while in police custody in Tangier on 11 October 1993.
Allegedly, injuries on his forehead suggested that his death may have been
caused by violent treatment. At the time the present report was finalized, no
reply had been received from the Government.
Myanmar
227. The Special Rapporteur received reports and allegations of violations of
the right to life in Myanmar. Most of these reports referred to extrajudicial
executions of civilians by members of the Myanmar army. Thus, the Special
Rapporteur also transmitted to the Government allegations he had received
concerning the extrajudicial, summary or arbitrary execution by personnel of
E/CN. 4/1995/61
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the Myanmar army, of the following persons: Na Chit Khin and Nai Gyo,
reportedly killed in July 1993; an unidentified villager, reportedly killed
by an identified army major in Aleywa in August 1993; Saw Doh Raw and his
daughter Naw Pu Pu, reportedly shot dead near Ler Hbaw Kler Ber in
August 1993; Khun Thi Ha and an unidentified person, reportedly shot dead at
Lu Paw market in February 1994. The Special Rapporteur also addressed an
urgent appeal to the Government after being informed of a death sentence
imposed on Kin Maung Oo, alias “Let Kut”, allegedly after a trial in which the
defendants did not fully benefit from the guarantees and safeguards provided
for in pertinent international instruments (27 January 1994) . With regard to
an in-depth analysis of the human rights situation in Myanmar, reference is
made to the report presented to the Commission on Human Rights by the Special
Rapporteur on the human rights situation in Myanmar, Mr. Yozo Yokota
(E/cN.4/1995/65) .
228. On 23 February 1994, the Government replied to the Special Rapporteur's
urgent appeal of 27 January 1994, informing him that Kin Maung Oo was part of
a group of four pickpockets who stole a wallet from a passenger on a bus trip
and killed the passenger when he protested and asked for the wallet to be
returned. The four pickpockets were caught in the act and tried for murder by
the Yangon Division Law Court. They were provided defence counsel and were
given a fair trial. They also exercised their right to appeal.
Follow-up
229. In a letter dated 23 September 1994, the Special Rapporteur thanked the
Government for the information provided in the above-mentioned letter and
asked for some further clarifications, inter alia , with regard to the nature
and composition of the court before which the defendants had been tried; the
court before which they had filed appeals; whether they had the possibility to
seek pardon, clemency or commutation of sentence; and whether the death
sentence had actually been carried out. With regard to information provided
by the Government in reply to allegations transmitted earlier (see
E/CN.4/1994/7, para. 452), the Special Rapporteur asked to be informed of the
steps and procedures to investigate into deaths of detainees and prisoners
while in detention, as prescribed by the law.
Observations
230. The Special Rapporteur wishes to thank the Government of Myanmar for the
information provided and the willingness to cooperate with his mandate thus
shown. He remains, nevertheless, concerned at persistent reports of arbitrary
and excessive use of force by members of the security forces, who seem to
enjoy virtual impunity. As concerns the death penalty, the Special Rapporteur
would like to emphasize once again the importance of full fair trial
guarantees in proceedings leading to the imposition of capital punishment and
the need to verify the respect for these guarantees in each case where a
breach of internationally recognized fair trial standards is alleged. The
Special Rapporteur also calls on the Government to carry out exhaustive and
impartial investigations into all allegations of extrajudicial, summary or
arbitrary executions, identify those responsible and bring them to justice,
grant adequate compensation to the victims or their families and take the
necessary steps to prevent the recurrence of violations of the right to life.
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Nepal
231. The Special Rapporteur sent an urgent appeal to the Government after
receiving reports of death threats against Gopal Siwakoti and Gopal Krishna
Siwakoti, both officers of the International Institute for Human Rights,
Environment and Development (INHURED International), reportedly after having
filed a petition with the Supreme Court against a controversial hydroelectric
project (25 January 1994) . The Special Rapporteur also transmitted to the
Government the case of journalist Lokendra Kumar Burathoki, reportedly killed
by police for having written articles critical of certain politicians.
232. On 21 February 1994, the Government replied to the Special Rapporteur's
urgent appeal of 25 January 1994 and informed him that the concerned
authorities had been instructed to arrange for the necessary protection and
that the necessary protective measures had been taken.
Follow-up
233. In a letter dated 23 September 1994, the Special Rapporteur thanked the
Government for the information provided and asked for some additional details
concerning the type of measures adopted to provide security to Gopal Siwakoti
and Gopal Krishna Siwakoti.
Nicaragua
Follow-up
234. On 23 March 1994, the Government provided the Special Rapporteur with
information concerning allegations transmitted in 1993 (see E/CN.4/1994/7,
paras. 461-462) . The events at the Ingenio San Antonio sugar company were
described as an illegal strike, in which some of the strikers resorted to the
use of force against members of the national police who were trying to restore
order. The strikers also set fire to some sugar cane plantations. The
calcinated body of one of them was found after the fire. The exact cause of
his death could not be determined. In a letter dated 23 September 1994, the
Special Rapporteur thanked the Government for the information provided and
asked about the progress of the investigations.
Niger
235. The Special Rapporteur transmitted to the Government allegations he had
received concerning the killing, by members of the security forces, of two
Tuareg civilians, Warghiss Founta and Karbey Moussa, in December 1993 near
Agades. At the time the present report was finalized, no reply had been
received from the Government.
Nigeria
Information received and communications sent
236. The reports and allegations brought to the attention of the Special
Rapporteur indicate that human rights violations, including extrajudicial,
summary or arbitrary executions, continue to occur in Nigeria. Most of these
E/CN. 4/1995/61
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reports referred to acts of violence directed against members of the Ogoni
ethnic community in the context of land conflicts between different ethnic
groups and protests by the Ogoni people against environmental damage and
inadequate compensation for destruction of land and crops by international oil
companies operating in Ogoniland. In April 1994, the River State authorities
reportedly called hundreds of police and military personnel into Ogoniland to
restore law and order. The Special Rapporteur was also informed that in
April 1994 a special court, the Civil Disturbances Tribunal, was set up
pursuant to the Special Tribunal Edict of 1994 (Off ences Relating to Civil
Disturbances) . This special court was said to have been empowered to hand
down death sentences, not only for offences related to the unrest in Ogoniland
but also for crimes previously not punishable by death such as attempted
murder.
237. The Special Rapporteur sent two urgent appeals to the Government. He
expressed concern at reports of the killing of about 20 persons in clashes
between members of the Ogoni and Ndoki ethnic groups, the latter allegedly
being supported by the security forces, in early April 1994. In the same
urgent appeal, the Special Rapporteur referred to information he had received
concerning the above-mentioned special court, and, in particular, fears that
the broad powers given to this court might be used to impose the death penalty
on Ogoni detainees after hasty and unfair trials (17 May 1994) . Renewed
military attacks against Ogoni villages were reported to have occurred during
the first two weeks of June 1994, leading to the killing of at least
40 civilians. Fears were expressed for the lives of a large number of others
who were reported to have been detained, among them Ameh Ebute, Polycarp Nwite
and O.A. Okoroafor, former members of the Senate and House of Representatives,
who were said to have been charged with conspiring to remove the Government
and treason, offences punishable by death (16 June 1994) .
238. The Special Rapporteur also transmitted to the Government allegations
he had received concerning the killing of Legbosi Afugbara, Legbara Setok,
Lebari, Soko Gbinue and 52 other persons whose identities are not known, all
of them said to belong to the Ogoni ethnic community, by soldiers of the
“internal security unit” set up by the military authorities of River State
during an operation in a number of Ogoni villages in June 1994.
Communications received
239. On 18 July 1994, the Government replied to the Special Rapporteur's
urgent appeal of 16 June 1994, informing him that those detained had been
arrested on the basis of warrants and had since appeared before the competent
jurisdictions. Efforts were being made to hold those detained in the best
available detention conditions and that there was no arbitrariness in their
treatment. With regard to the Ogoni issue, the Government pointed out that
Ogoniland had been the scene of intense violence and destruction of lives and
property during the past months. In view of the seriousness of the situation,
the Government had embarked on a thorough investigation of the developments in
the area. On 4 October 1994, the Government acknowledged receipt of the
Special Rapporteur's letter containing the allegations mentioned in
paragraph 238 above.
E/cN. 4/1995/61
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Follow-up
240. In a letter dated 23 September 1994, the Special Rapporteur thanked the
Government for information provided and requested some additional details with
regard to the investigations into violence in Ogoniland. In reply to his
request for additional details about the investigations and other measures
implemented by the authorities to improve the situation in Ogoniland and
prevent further acts of violence, the Government informed the Special
Rapporteur in a letter dated 18 November 1994 that the investigations were
being carried out by the Federal Intelligence and Investigation Bureau (FIlE) ,
whose report would be referred to the Director of Public Prosecution for
vetting prior to prosecution in public trials. Other measures to improve the
situation in Ogoniland included the deployment of adequate law enforcement
agencies; the presence of the Federal Environmental Protection Agency and an
Oil Mineral Producing Areas Development Commission; a visit to the area by a
ministerial fact-finding team; and the convening of a National Constitutional
Conference to address all grievances held by the different ethnic and social
groups in the country.
241. In addition, in a letter of 10 November 1994, the Government informed
the Special Rapporteur that fears for the life of Ken Saro Wiwa (see
E/CN.4/1994/7, para. 468) were unfounded as he was given the necessary medical
attention and free access to his family and attorney during detention for his
involvement in the killing of four Ogoni leaders.
Observations
242. The Special Rapporteur appreciates the willingness to cooperate shown by
the Government. However, the persistent reports and allegations of violations
of the right to life of members of the Ogoni ethnic group are most worrying.
The Special Rapporteur is particularly concerned at the establishment of a
special court to curb unrest and insecurity in the area. The extending of the
scope of the death penalty to off ences previously not punishable by death is
clearly contrary to the tendency, expressed by the General Assembly and the
Human Rights Committee on repeated occasions, towards a gradual reduction and
eventual abolition of capital punishment. In addition, special jurisdictions,
especially when set up to deal speedily with situations of unrest, very often
entail serious restrictions of the safeguards and guarantees for defendants,
particularly when they face the death penalty. The Special Rapporteur
therefore calls upon the authorities of Nigeria to ensure that proceedings
before the special tribunal conform to the standards for fair trial procedures
as contained in pertinent international instruments. He also urges the
authorities to take the necessary steps to assure that security forces, in
operations aimed at restoring peace and order, fully abide by the norms and
regulations governing the use of force by law enforcement officials, and that
those employing excessive use of force be brought to justice, in conformity
with international law.
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Pakistan
Information received and communications sent
243. The reports and allegations brought to the attention of the Special
Rapporteur indicate that violations of the right to life continue to occur in
Pakistan. Most of these reports refer to deaths of detainees while in the
custody of the police, particularly in the provinces of Sindh and Punjab. In
many cases, the victims of such killings were reported by the police to have
died during “armed encounters” between the security forces and dangerous
criminals. According to the information received, however, most of those
killed showed signs of torture. Concern was expressed that the authors of the
killings had not been brought to justice.
244. The Special Rapporteur transmitted three urgent appeals to the
Government. Fears were expressed for the life and physical integrity of
Bashir Qureshi, reportedly in a precarious state of health after being
arrested, and allegedly tortured, by members of the military in January 1994
(4 February 1994) . The Special Rapporteur also expressed concern at reports
of armed attacks against the Ahmadiyya community in Lahore in early
February 1994, during which two persons, Rana Riaz Ahmad and Ahmad Nasrullah,
were said to have been shot by members of an armed Islamic group. The police
reportedly failed to provide protection to the members of the community or
adequately investigate the attacks and, allegedly, refused to register
complaints by the victim's families and witnesses to the attacks
(15 March 1994) . The Special Rapporteur also urged the authorities to take
adequate steps to protect the lives and physical integrity of inmates at
Karachi Central Jail, where prisoners were said to be held in life-threatening
conditions due to overcrowding, lack of medical facilities and unhygienic
conditions (29 September 1994) .
245. The Special Rapporteur also transmitted to the Government allegations he
had received concerning the killing of Manzoor Masih, a Christian, who was
reportedly shot by members of an Islamist party as he left Lahore High Court
in April 1994. The following cases concern deaths of detainees while in
custody at different police stations: Mujib Aijaz Jatoi; Noor Muhammad
Qureshi; Gulioo Machhi; Mohammad Irshad; Niaz Hussain Pathan; Yusuf Jakhrani;
Qamruddin, Khadim and Subho Indhar; Nazir Masih; Mazhar Iqbal Ehatti, alias
“Safdar Jamil Ehatti”, and six other young men. In addition, Bebal Khatton
Shirazi was reportedly killed during a joint operation by police and army
personnel in December 1992.
Communications received
246. On 4 October 1994, the Government acknowledged receipt of the Special
Rapporteur's urgent appeal of 29 September 1994.
Follow-up
247. On 4 February 1994, the Government provided information in reply to an
urgent appeal transmitted by the Special Rapporteur in September 1993 (see
E/CN.4/1994/7, para. 472), concerning three persons sentenced to death for
blasphemy. The Government pointed out that blasphemy laws were not directed
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against any religious minority. The three accused had been seen writing
blasphemous inscriptions on the wall of a mosque. They were arrested and
their case referred to the Additional District and Session Judge of Gujranwala
for trial. One of the accused, a 13-year-old boy, was granted bail and
released from jail in November 1993.
Observations
248. The Special Rapporteur thanks the Government for the information
provided as mentioned above. However, he wishes to express his deep concern
at the reports received concerning the killing of one of the three accused,
Manzoor Masih. In his urgent appeal of 7 September 1993, the Special
Rapporteur had called upon the authorities to ensure the protection of the
right to life and physical integrity of the three persons accused of
blasphemy. He continues to be concerned, too, at the fact that under the
blasphemy legislation in force in Pakistan a 13-year-old could face the death
sentence. The Special Rapporteur reiterates his call upon the authorities to
revise this legislation so as to make it conform to the international
instruments prohibiting the imposition of capital punishment on minors.
249. Moreover, the reports and allegations received concerning deaths in
police custody are most disturbing. The Special Rapporteur urges the
Government to conduct exhaustive and impartial investigations into all
allegations of violations of the right to life and bring those responsible to
justice. He also calls on the authorities to see to it that the conditions of
detention conform to the standards contained in the pertinent international
instruments and do not, in themselves, constitute a threat to the lives and
physical integrity of the inmates.
Peru
Information received and communications sent
250. The reports and allegations received by the Special Rapporteur
during 1994 indicate that violations of the right to life continue to occur in
Peru. As in former years, such reports refer to killings due to abuse of
force by law enforcement personnel and members of the rondas campesinas ,
peasant self-defence groups cooperating with the security forces. In a large
number of these cases, the victims are peasants suspected of being members or
sympathizers of the armed insurgency. Particularly disturbing reports in this
regard were received concerning the Huallaga valley in the Peruvian selva ,
where military counter-insurgency operations were said to have caused the
death of more than 60 civilians, some of them allegedly after torture, in
early 1994. Although the number of attacks by armed insurgents has decreased
considerably since the capture of the founder and leader of the Partido
Comunista del Peri “Sendero Luminoso” (Communist Party of Peru “Shining Path”,
PCP-SL), 2IIima l Guzm n, in September 1992, attacks against and killings of
security forces personnel and civilians by its members, as well as by members
of the Movimiento Revolucionario Tupac Amaru (Tupac Amaru Revolutionary
Movement, MRTA) continue to be reported, particularly in the central selva .
251. As in the past, concern was expressed that in many cases those
responsible for human rights violations were not brought to justice, or that
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competence to deal with cases involving violations of the right to life by
military or police personnel was claimed, and obtained, by the military
courts. In this context, the Special Rapporteur was informed that, on
7 February 1994, the Congreso Constituyente Democr tico (Democratic
Constituent Congress, CCD) approved a law amending the procedure for the
decision of conflicts of competence between the military and the civilian
justice systems to the effect that a simple majority of votes in the deciding
Chamber of the Supreme Court suffices to determine the competence of either
jurisdiction. The new law applied automatically to all proceedings under way
at the time of its approval, which included the conflict of competence in the
case of the abduction and subsequent killing by military personnel of a
professor and nine students of the Universidad Nacional de Educaci6n Enrigue
Guzm n y Valle , known as La Cantuta , in July 1992 (see in detail
E/CN.4/1994/7/Add.2, paras. 55-73).
252. The Special Rapporteur sent seven urgent appeals to the Government:
(a) He called on the authorities to adopt all necessary measures to
protect the life and physical integrity of the following persons whose lives
were said to be at risk after death threats or attacks, allegedly by members
of the security forces: Augusto Z1 ffiiga Paz, a human rights lawyer who had
left Peru after a letter bomb attack and series of death threats in 1991
and was returning to the country for several months (13 December 1993);
Emma Vigueras, a lawyer employed at La Cantuta and her family (8 April 1994);
Mariano Paliza Mendoza, journalist and collaborator of the Asociaci6n Pro
Derechos Humanos (APRODEH) , reportedly in relation to a radio programme on
human rights directed and presented by him (8 April 1994) ; Ulises Espinoza
Sanchez, Governor of Chavin de Pariarca, and parish priest Father Fidelius,
allegedly for having filed complaints concerning human rights violations by
the military (29 April 1994); Amalia Tolentino Hipolo and her young children,
after she witnessed, and denounced, the killing by soldiers of Jesi s Vera
Vigilio (2 June 1994) ; Henry Halanoca Hauyta, journalist, reportedly
threatened by civilian authorities of Lampa for having dealt with corruption
in the municipality in a radio programme (31 August 1994) ;
(b) In addition, the Special Rapporteur expressed concern after being
informed of the new law referred to above governing the decision of conflicts
of competence between the military and civilian justice systems. The Special
Rapporteur recalled to the Government its obligation under international law
to conduct exhaustive and impartial investigations with a view to identifying
all those responsible and bringing them to justice. He also reminded the
authorities of the conclusions and recommendations dealing with the problem of
impunity contained in the report on his visit to Peru in May/June 1993
(15 March 1994) .
253. The Special Rapporteur also transmitted to the Government allegations he
had received concerning the extrajudicial, summary or arbitrary execution of
the following persons: Juan Ascuy and nine other peasants including minors
Mario Vargas Alejo (12) , Hern n L6pez Antenaza (14) and Javier L6pez
Aritenaza (16) , by members of a ronda campesina , for not participating in the
self-defence group; Luis Alberto Bonifacio Aimituma, by members of the
Peruvian army in Lima; Hugo Zapata Guti rrez, by military and members of a
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ronda campesina ; Jessica Rosa Chavez Ruiz (17) , Pedro Javier Cruz Guzntn and
Hector Rodriguez Rodriguez, by members of the national police; Pedro Herminio
Yauri Bustamante; and Victor Ramirez Arias.
Communications received
254. On 20 April 1994, the Government informed the Special Rapporteur that
lawyer Augusto Z1 ffiiga Paz had been provided due protection during his stay
in Peru and could carry out a number of public and private activities.
On 20 October 1994, the Government replied to the Special Rapporteur's urgent
appeal of 31 August 1994 and informed him that no complaints had been received
by the military based in Lampa of the alleged death threats against
Henry Halanoca Hauyta, and that he should make use of the internal remedies
available to him for the protection of his physical integrity. On
24 October 1994, the Government provided a reply to the Special Rapporteur's
urgent appeal of 29 April 1994, informing him that charges of disobedience,
abuse of authority and exacci6n had been brought against the military
personnel responsible for the attacks in the district of Chavin de Pariarca.
255. In a communication of 14 July 1994, the Government expressed its view
that the decrease of allegations during the first six months of 1994 - six
cases, in one of which proceedings before the civilian justice system had been
initiated - showed a positive and consistent tendency and confirmed the
results obtained by the Government's efforts towards pacification of the
country in 1993.
256. Finally, on 25 November 1994, the Government informed the Special
Rapporteur that, on 31 October 1994, Congress restored the Fiscalias
Especiales de Defensoria del Pueblo until the Defensoria del Pueblo is in
place and functioning, in conformity with the Political Constitution of Peru.
Follow-up
257. The following replies received from the Government concern allegations
transmitted by the Special Rapporteur in 1992 and 1993: on 10 May 1994, the
Government informed the Special Rapporteur that Jose Barletti Pascuales, on
whose behalf an urgent appeal had been sent on 7 September 1993 (see
E/CN.4/1994/7, para. 489), had been released from detention. On 20 July 1994,
the Government informed the Special Rapporteur that judicial proceedings had
been opened against police officials for the killing of Zacarias Huamani Pasca
and Marcelino Valencia Alvarado (see E/cN.4/1994/7, para. 492 (d)). On
15 September 1994, the Government provided the Special Rapporteur with a copy
of a declaration by Juan Luna Rojas (see E/CN.4/1993/46, para. 472 and
E/CN.4/1994/7, para. 494 (a)), according to which he was no longer a victim
of harassment and therefore did not need any personal protection. On
20 October 1994, the Government informed the Special Rapporteur that the
killing of seven persons in Angasmarca (see E/CN.4/1994/7, para. 492 (c)) had
been committed by three suspected terrorists. On 24 October 1994, the
Government informed the Special Rapporteur that charges had been brought
against several persons for the killing of Juan Silva C spedes (see
E/CN.4/1994/7, para. 492 (c)).
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258. The investigations and subsequent judicial proceedings into the case
of the abduction and subsequent extrajudicial execution of a professor and
nine students of La Cantuta were the subject of an exchange of follow-up
correspondence between the Special Rapporteur, the Government and the sources
of the allegations:
(a) On 30 November 1993, the Government informed the Special Rapporteur
that the investigations of the remains found in the graves at Cieneguilla
were being carried out. On 21 January 1994, the Government provided a reply
to an urgent appeal transmitted by the Special Rapporteur on 26 July 1993,
informing him that measures had been taken to protect the life of lawyer
Humberto Benitez Rivas who represented the families of the victims of the
La Cantuta killings (see E/cN.4/1994/7, para. 489), and that the threats
against him had ceased. On 11 April 1994, the Government informed the
Special Rapporteur that the Supreme Council of Military Justice had pronounced
the following prison sentences against nine members of the Peruvian army:
General Juan Rivera Lazo (4 years) ; Colonel Federico Navarro Perez (4 years) ;
Major Santiago Martin Rivas (20 years) ; Major Carlos Pichilingi e (20 years) ;
Captain Jose Adolfo Velarde (1 year) ; Suboficial Julio Chuqui Aguirre
(15 years); Suboficial Jesi s Sosa Saavedra (15 years) ; Suboficial Nelson
Carbajal Garcia (15 years) ; and Suboficial Pedro Suppo Sanchez (15 years) .
All nine were also sentenced to pay reparation payments to the families of the
victims;
(b) In a letter dated 23 September 1994, the Special Rapporteur
transmitted to the Government additional information he had received,
according to which not all the military officers involved in the case of
La Cantuta had been brought to justice. In particular, several high-ranking
officers, who were named by numerous sources as responsible for the planning
of the abduction and killing of the 10 victims, have not been subjected to any
judicial proceedings. These included several generals of the Peruvian army
and personnel of the National Intelligence Service. In this context, it was
pointed out that one of the arguments forwarded by the military prosecutor to
justify the competence of the military judiciary to hear the case was the fact
that the nine officers accused had acted in obedience of orders given to them
by superiors. Furthermore, the Special Rapporteur had been informed that the
families of the victims had not yet received the reparation payments. The
Special Rapporteur solicited additional information from the Government on
these issues.
259. In the same letter, the Special Rapporteur also requested additional
details with regard to several other replies provided by the Government
during 1993 and 1994, in particular as concerns the judicial proceedings
opened into several cases of alleged extrajudicial, summary or arbitrary
executions.
260. The planned reinstitution of capital punishment under the new
Constitution of 1993 was the subject of an urgent communication by the
Special Rapporteur to the authorities in September 1994 (see E/cN.4/1994/7,
para. 491) . The two main areas of concern to the Special Rapporteur were the
extension of the scope of the death penalty to cases of terrorism and treason
and shortcomings in the rights and guarantees of defendants facing the death
penalty in such cases. On 30 November 1993, the Government informed the
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Special Rapporteur of certain changes in the anti-terrorism legislation,
including the introduction of a second stage of appeal before the Supreme
Council of Military Justice; the restoration of the writ of habeas corpus in
cases of terrorism and treason; the applicability of unconditional release of
persons accused of terrorism during preliminary investigations; and the
lifting of the prohibition against lawyers defending more than one person
accused of terrorism at any one time. On 6 December 1993, the Government
provided the Special Rapporteur with a reply to his communication of
22 September 1994, pointing out that the extension of the scope of the death
penalty to the crimes of terrorism and treason was justified on account of the
gravity of the phenomenon of terrorism in the country, the need for general
prevention and legitimate social defence. The Government also explained its
view that this was not in breach of international law, as terrorism in Peru
constitutes a fundamental change of circumstances, as provided for in
article 4.2 of the American Convention on Human Rights. Furthermore, the
Government pointed out that defendants' rights and guarantees were fully
safeguarded under the trial procedures in force.
Observations
261. The Special Rapporteur would like to thank the Government for the
information provided in reply to his communications. The repeated willingness
to cooperate with his mandate thus shown is much appreciated. Nevertheless,
the Special Rapporteur remains concerned at persistent allegations of
violations of the right to life in Peru. Reports about death threats and acts
of harassment against lawyers representing the victims of human rights
violations or their families are particularly disturbing. The Special
Rapporteur calls on the authorities to take all necessary measures to ensure
that lawyers may exercise their functions freely, without being subjected to
any form of intimidation, in accordance with the guarantees contained in the
Basic Principles on the Role of Lawyers, adopted by the Eighth United Nations
Congress on the Prevention of Crime and the Treatment of Offenders held at
Havana from 27 August to 7 September 1990. The Special Rapporteur is also
concerned at death threats against journalists for dealing with human rights
issues and statements made by members of Congress to the effect that persons
who denounce human rights violations before international organs should be
brought to justice for treason.
262. As a result of his visit to Peru in 1993, the Special Rapporteur had
identified several areas of concern with regard to violations of the right to
life. The reports and allegations received during 1994 indicate that the
problems relating to these areas persist. Cases of human rights violations by
security forces continue to be dealt with by the military courts. The Special
Rapporteur is not aware of any reform initiative to strengthen the civilian
justice system and provide it with the necessary resources for proper
functioning. The scope of the death penalty has been extended, contrary to
the spirit of article 6 of the International Covenant on Civil and Political
Rights which tends towards its gradual reduction and eventual abolition, as
expressed by the General Assembly and the Human Rights Committee on repeated
occasions. While some of the procedural shortcomings have been rectified by
a reform of the anti-terrorism legislation in force, a number of limitations
on the rights of defendants in cases of terrorism and treason remain (see
E/CN.4/1994/7/Add.2, paras. 75-78). Violations of the right to life continue
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in the context of peasant self-defence in rondas campesinas . Large parts
of the country continue to be under states of emergency, with resulting
difficulties of access for those wishing to investigate allegations of
human rights violations. The Special Rapporteur wishes to reiterate his
recommendations to the Government as contained in his mission report of 1993.
Philippines
263. The reports and allegations brought to the attention of the
Special Rapporteur in 1994 indicate that violations of the right to life
continued to occur in the Philippines. As in former years, abuse of force
by members of the military or police and of the Citizen's Armed Forces
Geographical Units (CAFGU5) were said to be the cause of most extrajudicial,
summary or arbitrary executions reported. As in former years, it was alleged
that those responsible for violations of the right to life are brought to
justice only very exceptionally.
264. The Special Rapporteur sent two urgent appeals to the Government,
calling upon the authorities to take all necessary steps to protect the lives
and physical integrity of human rights activists Sonia Soto, allegedly under
threat by men linked to the Philippine National Police (7 March 1994) and
Avelino F. Javier, reportedly threatened with death by government agents
(14 March 1994) . The Special Rapporteur also transmitted to the Government
allegations he had received concerning the extrajudicial, summary or arbitrary
execution of William Rom, Jovito Tuldog, Ernesto Saribay and Antonio and
Lolita Pacis.
265. On 3 March 1994, the Government replied to the Special Rapporteur's
urgent appeal of 7 March 1994 and informed him that the Philippine Human
Rights Commission had received allegations of the same tenor and had opened
investigations into the threats.
Follow-up
266. The Government provided replies to some of the cases transmitted by
the Special Rapporteur in 1993. According to the information received,
Exequito Lasquite (see E/CN.4/1994/7, paras. 507-508 (c)) was killed by two
members of the Philippine army in self-defence (17 December 1993) ; the
shooting of Lolita Haz by a CAFGU member (see E/cN.4/1994/7,
paras. 507-508 (b)) was purely accidental, and the absence of the mother and
husband of the victim at the second and third hearings of the case indicated
their interest in an amicable settlement (17 December 1993) ; investigations
into the alleged death threats against Clovis Nazareno (see E/CN.4/1994/7,
paras. 506 and 508 (a)) continued (4 January 1994); in the case of the killing
of Chris Batan (see E/CN.4/1994/7, para. 507), two members of the CAFGUs were
arrested and judicial proceedings were under way (14 April 1994 and
21 June 1994) .
267. In a letter of 23 September 1994, the Special Rapporteur asked for
additional details on the progress of the investigations under way. The
Special Rapporteur also requested information concerning measures taken by the
competent authorities to prevent the recurrence of acts of violence by members
of the CAFGUs.
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Observations
268. The Special Rapporteur wishes to express his appreciation of the
willingness to cooperate with his mandate shown by the Government. However,
he remains concerned at the persistent reports of human rights violations,
including extrajudicial, summary or arbitrary executions, committed by members
of the CAFGUs. The Special Rapporteur is not aware of any steps taken to
effectively prevent such acts of violence. Furthermore, as pointed out in the
Special Rapporteur's letter to the Government of 23 September 1994, even if
relatives appear not to show any interest in the prosecution and punishment
of the perpetrator, it is the obligation of the Government under several
international instruments to carry out independent and impartial
investigations to clarify the facts and determine responsibilities, bring
those identified as responsible to justice and punish them, provide indemnity
to the victims or their families and adopt all such measures as necessary to
prevent the recurrence of human rights violations. An amicable settlement of
a murder case would be in breach of this obligation under international law.
Further, the Special Rapporteur is concerned that investigations undertaken by
the Human Rights Commission appear to be ineffectual. He recommends that
steps be taken to increase the resources available to it, notably with respect
to the protection of potential witnesses.
Portugal
269. The Special Rapporteur sent an urgent appeal to the Government after
receiving information according to which the High Court of Macau had endorsed
a decision by the Governor of Macau to extradite Antonio Ti Luo, a Bolivian
national, to China where he was said to face the death penalty on charges of
grave economic off ences (15 February 1994) . The Special Rapporteur repeated
his call on the Portuguese authorities to halt the extradition after the
Supreme Court of Macau upheld the earlier decision (19 April 1994) . At the
time the present report was finalized, no reply had been received from the
Government.
Rwanda
270. After his visit to Rwanda in April 1993, the Special Rapporteur
continued to receive allegations of extrajudicial, summary or arbitrary
executions as well as death threats and attacks, directed mainly against
persons regarded as opponents of the Government of President Juv nal
Habyarimana. Such violations were said to have intensified during the last
months of 1993 and early 1994. At the same time, the security forces were
said to have continued the distribution of arms among the civilian population.
To the Special Rapporteur's knowledge, none of the recommendations contained
in the report on his visit, which was made public in August 1993
(E/cN.4/1994/7/Add.1) had been followed by the authorities.
271. The Special Rapporteur sent three urgent appeals to the Government,
calling upon the authorities to protect the lives and physical integrity of
Alphonse-Marie Nkubito, then Procurator General at the Appeals Court of Kigali
and President of the Association Rwandaise pour les Droits de l'Homme
(Rwandese Association for Human Rights, ARDHHO) (3 December 1993 and
11 March 1994) ; and to take urgent steps to prevent further violence, after
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reports had been received of the killing of more than 300 civilians by
soldiers of the Rwandese armed forces, and to protect the life of
Aridr Katabarwa, member of the human rights organization Association des
Volontaires pour la Paix (Association of Volunteers for Peace, AVP) , after a
grenade attack against his home (17 January 1994) . When presenting his report
before the Commission on Human Rights at its fiftieth session in March 1994,
the Special Rapporteur drew the attention of the members of the Commission to
the escalating political violence in Rwanda and the lack of attention given to
the conclusions and recommendations resulting from his visit.
272. A planned visit to Rwanda, together with the Representative of the
Secretary-General on internally displaced persons, scheduled for April 1994,
had to be cancelled after the outbreak of violence on the night of
6 to 7 April 1994.
273. On 19 April 1994, the Special Rapporteur deeply shocked by the mass
killings that took place in Rwanda since the death of the Presidents of Rwanda
and Burundi in the evening of 6 April 1994, issued a press release. The
Special Rapporteur reminded the parties to the conflict of their obligation
under every and any code of law to honour the right to life. He called for
full respect for international humanitarian law and urged the armed forces and
the Rwandese Patriotic Front (RPF) immediately to stop acts of violence
against civilians and to use their influence over militias and other groups of
armed civilians to this effect. The Special Rapporteur also reminded States
which may receive asylum seekers from Rwanda fleeing for their lives of their
obligations under international law. Finally, the Special Rapporteur called
upon the international community to urgently take measures to stop the
slaughter.
274. On 25 May 1994, the Commission on Human Rights established the mandate of
a special rapporteur on the situation on human rights in Rwanda and requested
the High Commissioner for Human Rights to establish a permanent presence of
human rights officers in the country. In accordance with a request made to
him by the Commission on Human Rights to that effect, the Special Rapporteur
accepted an invitation extended to him by the Special Rapporteur on the
situation of human rights in Rwanda, Mr. Rena Degni-S gui, to accompany him on
his first visit to Rwanda in June 1994. The Special Rapporteur refers to the
reports presented to the Commission on Human Rights by the High Commissioner
for Human Rights (E/CN.4/S-3/3) and the Special Rapporteur on the situation of
human rights in Rwanda (E/CN.4/1995/7, E/CN.4/1995/12, E/cN.4/1995/70 and
E/CN.4/1995/71) .
Observations
275. The case of Rwanda illustrates the limits to the effectiveness of the
action of a Special Rapporteur: the conclusions and recommendations contained
in the report prepared after his visit to Rwanda in April 1993 did not receive
any attention from the Government, despite a request for comments and
observations as well as information on steps taken by the Special Rapporteur
in a letter to the Government on 24 September 1993. Neither the report nor
the concerns expressed by the Special Rapporteur in his introductory statement
before the Commission on Human Rights at its fiftieth session received any
attention from the members of the Commission. Neither the escalating
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political violence in Rwanda nor the fact that the Rwandese Government had not
shown any willingness to cooperate with the Special Rapporteur after his visit
appeared to preoccupy the members of the Commission in February 1994.
276. The Special Rapporteur wishes to express his deep concern at this
situation. He urges the Commission on Human Rights to give thought to
possible ways of ensuring the follow-up of recommendations made by its
emissaries. The ad hoc appointment of a special rapporteur to monitor the
human rights situation in countries that refuse to cooperate in the follow-up
of recommendations or the establishment of a formal mechanism to do so could
be considered. The Special Rapporteur also calls on the Commission on Human
Rights at the same time to intensify efforts to establish an early-warning
mechanism that could be activated when the signs of an imminent crisis become
apparent, as was the case in Rwanda. In the present situation, the Special
Rapporteur fears that with the Commission showing little or no interest in the
reports of its special rapporteurs, representatives, independent experts or
working groups, whatever impact these procedures may have with regard to early
warning and prevention of imminent human rights and humanitarian crises is
simply lost.
Saudi Arabia
277. The Special Rapporteur transmitted to the Government the case of
Jabbar Muhammad Karim al-Etaym, reportedly killed by an armed guard in Rafha
refugee camp after an argument. On 23 November 1994, the Government replied
to the allegation and requested the Special Rapporteur to ascertain the facts
through the Office of the High Commissioner for Refugees in Riyadh before
making such an accusation.
Observations
278. The Special Rapporteur wishes to thank the Government for the reply
provided. He will follow up on this letter in accordance with the procedures
established in the framework of his mandate. However, the Special Rapporteur
wishes to remind the Government of Saudi Arabia of its obligation under
international law to conduct exhaustive and impartial investigations into all
allegations of extrajudicial, summary or arbitrary executions committed under
their jurisdiction, aiming at the identification, prosecution and punishment
of those found responsible, adequate compensation for the victims or their
families as well as prevention of further violations of the right to life.
Sierra Leone
279. The Special Rapporteur sent an urgent appeal to the Government after
being informed that Amara Conteh was sentenced to death by a court martial in
Freetown for having collaborated with rebel forces. Fears were expressed that
he might face execution without having had the right to appeal against the
sentence (15 September 1994) . At the time the present report was finalized,
no reply had been received from the Government.
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Singapore
280. The Special Rapporteur sent an urgent appeal to the Government after
being informed of death sentences imposed on Abdullah A. Rahman, a Malaysian
national, and Lim Choon Chye, both reportedly for drug trafficking. In both
cases, witnesses were said to have given testimony indicating that the two men
were not involved in the crimes for which they had been convicted, but the
Court of Appeal allegedly refused to reopen the cases on the grounds of this
new evidence (21 July 1994) . At the time the present report was finalized, no
reply had been received from the Government.
Somalia
281. During 1994, the Special Rapporteur received information indicating that
the armed conflict in Somalia continued, entailing further loss of life and
suffering for the civilian population. However, none of these replies
contained specific details which would have enabled the Special Rapporteur to
act within his mandate.
282. On 26 October 1994, the Special Rapporteur had sent a communication to
the Special Representative of the Secretary-General for Somalia and head of
the United Nations Operation in Somalia (tJNOSOM) . In this letter, the
Special Rapporteur expressed concern at reports of involvement of
United Nations personnel in the killing of civilians and asked for information
on investigations carried out to clarify the circumstances of these incidents,
in particular whether the United Nations forces resorted to excessive use of
force, establish responsibilities and impose appropriate sanctions on those
who might have been found responsible for human rights violations. The
Special Rapporteur also asked to be informed of measures that might have been
adopted to avoid excessive use of force by members of the international
peace-keeping operation in particular whether they had received any
specialized instruction with regard to internationally recognized standards
and the obligation to abide by them even during armed conflicts. The Special
Rapporteur notes with regret that no information has been received from the
Special Representative in reply to his inquiries. Similarly, the Special
Rapporteur has not been informed of the outcome of a United Nations
investigation into the conduct of peace-keeping personnel in connection with
the killing of civilians, allegedly in reprisal for the death of more than
20 Pakistani members of UNOSOM in June 1993. He had learnt about this
initiative through media reports.
Observations
283. The Special Rapporteur would like to reiterate his concerns, as
expressed in his report to the Commission on Human Rights at its fiftieth
session (see E/cN.4/1994/7, para. 534), concerning the need to ensure that
all members of United Nations peace-keeping and observer missions fully
respect the rights and guarantees contained in international human rights
instruments. Training of mission personnel, both military and civilian, is
essential in this regard and should form an integral part of the deployment
process of each such operation. The Special Rapporteur is aware of a number
of initiatives taken in this regard, such as a human rights training programme
for the police personnel who form the civil police component of the
E/cN. 4/1995/61
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United Nations Operation in Mozambique (tJNOMOZ) . The Special Rapporteur also
feels that when determining the composition of peace-keeping and observer
operations, the need for personnel specialized in human rights issues should
be taken into consideration. The strengthening of civil police contingents
could be a possible way of ensuring that such operations possess the
experience and expertise necessary to follow up on allegations of human rights
violations and prepare case files which could then be transferred to the
competent bodies and mechanisms within the United Nations. The Special
Rapporteur feels that this would be particularly useful where such information
could be used to prosecute perpetrators of human rights violations.
South Africa
284. During the first half of 1994, the Special Rapporteur continued to
receive reports and allegations of violations of the right to life, including
extrajudicial, summary or arbitrary executions and death threats against
members of the African National Congress (ANC) and trade unionists, for which
members of the South African Police (SAP) and groups allegedly cooperating
with them were said to be responsible. For a more detailed analysis of the
human rights situation in South Africa, reference is made to the final report
of the Ad Hoc Working Group of Experts on Southern Africa (E/CN.4/1995/23) .
285. The Special Rapporteur sent four urgent appeals to the Government.
He intervened twice, on behalf of trade union leader Enoch Nzuza, his brother
Mandla and their family, after being informed of renewed death threats and
attacks against their family home (15 March and 17 November 1994) . The
Special Rapporteur also urged the authorities to protect the lives and
physical integrity of Sam Nxumalo, ANC chairman of the Eshowa area, as well as
35 other ANC members and residents of Eshowa town, whose names were
reportedly found on a list. Some of those named, including ANC official
Timonthy Yeka Sibiya, were said to have been subjected to attacks and threats
by members of the SAP and KwaZulu police (8 April 1994) . In another urgent
appeal, he called on the authorities to protect the lives and physical
integrity of the family members of Blessing Vusumuzi Ntuli, killed outside his
house in circumstances suggesting that he was extrajudicially executed.
During the days following his killing, members of the SAP reportedly raided
the family's house and arrested some of the family members (7 July 1994) . The
Special Rapporteur also transmitted to the Government allegations he had
received concerning the extrajudicial, summary or arbitrary execution of
Clare Stewart, an agricultural development worker and ANC activist in northern
Natal, whose remains were found in November 1993 some days after she was
abducted, allegedly by persons linked to the SAP. At the time the present
report was finalized, no replies had been received from the Government.
Follow-up
286. In a letter dated 23 September 1994, the Special Rapporteur asked the
Government to provide him with additional information on the progress of
investigations into the case of Sipho and Lucky Mthiyane, as stated in a reply
received in November 1993 (see E/cN.4/1994/7, para. 544) and, in particular,
whether the suspect had been arrested in the meantime.
E/CN. 4/1995/61
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Observations
287. The Special Rapporteur expresses concern at the continuing reports of
violence in South Africa. He hopes, however, that the inauguration of the
new, democratically elected Government under President Mandela may mark the
beginning of a new era in South Africa, and calls on the authorities and the
civilian population to continue efforts towards peace, reconciliation and
respect for human rights.
Sri Lanka
Information received and communications sent
288. The reports and allegations brought to the attention of the Special
Rapporteur indicated that violations of the right to life continued to occur
in the context of military operations directed against the Liberation Tigers
of Tamil Eelam (LTTE) . As in former years, civilians were said to have been
killed during indiscriminate air attacks and naval strafing of areas inhabited
by civilians.
289. The Special Rapporteur transmitted to the Government allegations
he had received concerning the killing, during army attacks, of the
following persons: Thavamalar Aiyathurai, Selvarasa Pachiyarajah,
Sathasivam Balasubramaniam, Visvalingam Sellathurai and Sellaiah Subramiam,
Uthayakumar Urithirapathy, Sivarasa Visagamoorthy, and Piraba Thavendran (14) .
In addition, R.D. Wimaladasa and four other prisoners were allegedly killed by
security forces at Mahara prison. At the time the present report was
finalized, no reports had been received from the Government.
290. The Special Rapporteur also addressed a letter to the Government after
being informed of the discovery of a series of mass graves containing up to
300 bodies at the summit of the Suriyakanda mountain at Kolonne, Ratnapura
district. The remains found in those graves were said to belong to people
killed during Government counter-insurgency operations against the
Janatha Vimukthi Permamuna (People's Liberation Front, JVP) in 1989.
Thirty-one schoolchildren who had disappeared in 1989 while in military
custody may also have been buried in the mass graves. The Special Rapporteur
reminded the authorities of their obligation under international law to
conduct thorough and impartial investigations into the graves, applying the
highest standards of forensic expertise. He drew the Government's attention
to the Model Protocol for Disinterment and Analysis of Skeletal Remains,
included in the Manual for the Effective Prevention and Investigation of
Extra-legal, Arbitrary and Summary Executions (ST/CSDHA/12 and Corr.1), a
document elaborated in 1991 by the Crime Prevention and Criminal Justice
Branch of the United Nations Centre for Social Development and Humanitarian
Affairs. The Special Rapporteur also suggested that the Government consider
inviting foreign forensic experts to participate in the excavations and
referred to a list of specialists contained in the report of the
Secretary-General on human rights and forensic sciences, presented to the
Commission on Human Rights at its fiftieth session (E/cN.4/1994/24)
(3 March 1994) .
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Follow-up
291. On 30 and 31 December 1993, the Government provided the Special
Rapporteur with information in reply to his letter of 22 September 1993, in
which he had sought additional information concerning the killing of 130
villagers in Alanchipothana, Karapola and Muthugal in April 1992 (see
E/CN.4/1994/7, para. 555). The Government informed the Special Rapporteur
that a three-person committee, appointed by the Ministry of Defence to
investigate the incidents, had presented a confidential report containing
conclusions and recommendations. The committee had found that the killings at
Karapola and Muthugal were carried out by villagers and some home guards of
Alanchipothana, in reprisal for the earlier killings by LTTE at their village.
Reportedly, the Karapola police post did not attempt to prevent the violence.
The committee also stated that there had apparently been no control of the
issue of arms and ammunition, particularly to home guards, and recommended,
inter alia , a Disciplinary Code of Conduct for the home guards who should be
placed under a defined authority such as the army or the police; the creation
and training of a paramilitary force to supplement home guards in the defence
of border areas against the LTTE; investigations into all complaints and
action, if necessary, against any member of the group.
292. In a letter dated 23 September 1994, the Special Rapporteur requested
further details on the investigation carried out by the committee,
particularly with regard to the date on which the report was submitted and
the follow-up given to the recommendations. The Special Rapporteur also
inquired whether anyone had been brought to justice in connection with the
killings at Alanchipothana, Karapola and Muthugal, and whether any judicial or
disciplinary measures had been taken with regard to those based at the
Karapola police post.
Observations
293. The Special Rapporteur thanks the Government for the information
provided. However, he remains concerned at persistent allegations of deaths
of civilians in military counter-insurgency operations. The Special
Rapporteur reiterates his call on the authorities to take all necessary
measures to ensure full respect for the restrictions on the use of force and
firearms contained in the pertinent international instruments. In connection
with the recommendation formulated by the committee investigating the killings
at Alanchipothana, Karapola and Muthugal, in particular the recommendation to
establish a paramilitary anti-insurgency force, the Special Rapporteur wishes
to stress the need for strict control of any such auxiliary force by the
security forces. In view of the experience of other countries, where
paramilitary groups are responsible for numerous and grave human rights
violations, the Government may wish to consider as a preferable solution
strengthening regular security forces in areas with armed conflict, rather
than creating a paramilitary body. With a view to preventing human rights
abuses by either security forces or paramilitary groups, the Special
Rapporteur once again emphasizes the importance of investigating all
allegations of such abuses, with a view to identifying those responsible and
bringing them to justice, as well as granting adequate compensation to the
victims or their families.
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294. In its letter of 31 December 1993, the Government reiterated its
invitation to the Special Rapporteur to carry out a visit to Sri Lanka at a
mutually agreeable date after March 1994. The Special Rapporteur wishes to
thank the Government for this invitation. He hopes to be in a position to
visit the country during 1995, in order to gather first-hand information on
the situation with regard to the right to life in Sri Lanka and formulate, as
appropriate, recommendations for improvements. While the reports and
allegations received during the year continue to give rise to concern, the
Special Rapporteur hopes that the cease-fire declared on the occasion of the
inauguration of the newly elected President Chandrika Kumaratunga may
constitute a lasting cessation of hostilities and thus increase the security
of the civilian population in areas of armed confrontations and
counter-insurgency operations. In this context, the Special Rapporteur also
wishes to stress the importance of carrying out exhaustive and impartial
investigations into all allegations of human rights violations, with a view to
clarifying the facts, identifying those responsible and bringing them to
justice, granting adequate compensation to the victims or their families. As
experience gained in other countries has shown, establishing the truth about
the past is essential for prevention of renewed human rights violations in the
future.
Sudan
Follow-up
295. On 25 October 1994, the Government provided information in reply to an
urgent appeal transmitted by the Special Rapporteur on 30 April 1993 (see
E/CN.4/1994/7, paras. 561 and 564), informing him that Dr. Jaffar Yassin
Ahmed, El Tarafi El Taher Fadul and Osman Mahmoud Ali Gumma had been sentenced
to five years' imprisonment after having been found guilty of plotting to
overthrow the Government and carrying out attacks on some essential public
institutions.
Observations
296. The Special Rapporteur wishes to thank the Government for the information
provided in the aforementioned communication. With regard to an analysis of
the human rights situation in Sudan, the Special Rapporteur wishes to refer to
the report presented to the Commission on Human Rights by the Special
Rapporteur on the situation of human rights in Sudan, Mr. G spar Biro
(E/cN.4/1995/58) .
Syrian Arab Republic
297. The Special Rapporteur transmitted to the Government allegations he had
received according to which Dani Mansourati, a Lebanese national, died while
in custody of the military intelligence services in Damascus in early 1994,
reportedly after being subjected to torture. On 14 July 1994, the Government
replied to this communication informing the Special Rapporteur that
Dani Mansourati had been arrested in 1992 on suspicion of engagement in acts
of espionage for Israel, and was sent for trial and sentenced to death, in
accordance with the legal procedures in force.
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Taj ikistan
298. The Special Rapporteur sent an urgent appeal to the Government after
being informed of extrajudicial executions by paramilitary forces operating
unofficial prison camps in the central and southern regions of the country.
According to the information received, these camps were being run with
the knowledge of the authorities. Two detainees held in such camps,
Mirzonazar Imomnazarov and Kurbonbek Nazarshoyev, had reportedly been killed
(23 February 1994) . At the time the present report was finalized, no reply
had been received from the Government.
Follow-up
299. On 31 January 1994, the Special Rapporteur addressed a letter to the
Government in which he expressed deep concern at the reports and allegations
received according to which up to 20,000 people, many of them unarmed
civilians not taking part in hostilities, had lost their lives since the
outbreak of armed conflict between forces loyal to the Government and armed
opposition groups in May 1992. The Special Rapporteur inquired whether the
Government would consider inviting him to visit Tajikistan. On 15 March 1994,
the Special Rapporteur reiterated this request. At the time the present
report was finalized, no reply had been received from the Government.
Observations
300. The Special Rapporteur notes with regret that no replies have been
received from the Government, either with regard to the cases and allegations
transmitted or concerning his request for a visit to the country. The Special
Rapporteur has also learnt with deep concern that the death sentence imposed
on Adzhik Aliyev, on whose behalf he had sent two urgent appeals in 1993 after
receiving reports about shortcomings in the trial proceedings leading to his
being sentenced to death for terrorism, treason and conspiring to overthrow
the Government (see E/CN.4/1994/7, para. 578), was carried out on
15 September 1994, while representatives of the Government and the opposition
were meeting in Tehran to sign an agreement on the release of all opposition
supporters who were in prison. The Special Rapporteur reiterates his urgent
call on the authorities to ensure that defendants facing the death penalty
benefit from all the safeguards and guarantees contained in the pertinent
international instruments. The Special Rapporteur also urges the Government
to take urgent steps to prevent further loss of life in detention facilities.
Unofficial detention camps should be closed. Those responsible for having
committed or condoned human rights violations should be brought to justice, in
accordance with the Government's obligations under international law.
Togo
Information received and communications sent
301. The Special Rapporteur sent three urgent appeals to the Government of
Togo. Fears for the safety of Jean Yaovi Degli, President of the Ligue
Togolaise des Droits de l'Homme (Togolese League for Human Rights, LTDH), and
Akp dje Degli were expressed after a military raid at the latter's home and
repeated death threats. The lives of two young people called Agossou and
E/CN. 4/1995/61
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Avami were also said to be at risk after they were arrested by security forces
personnel (13 December 1993) . In another urgent appeal, the Special
Rapporteur expressed concern at reports of the extrajudicial execution
of 36 persons by members of the national gendarmerie after an attack against
the barracks of the R&jiment Interarmes Togolais (Togolese Combined Regiments,
RIT) . A number of others detained in connection with the attack were also
feared to face execution (17 January 1994) . Various incidents in which
members of the security forces employed force in an arbitrary manner, causing
the death of at least 10 persons, were reported to have taken place during
January and February 1994. Six others were said to be under death threats
(25 February 1994) .
302. In addition, the Special Rapporteur transmitted to the Government
allegations he had received concerning the extrajudicial, summary or arbitrary
execution by security forces during early 1993 of the following persons:
Kodjo Puafa and Ms. Adokpa, reportedly killed during the violent incidents
of January 1994; Nicolas Coquil (12) and S others; Isaac Gbiki-Benissan;
Koffi Doulou, as well as Donne Lawson Late and 15 others, reportedly killed
when security forces opened fire indiscriminately on participants in a
peaceful demonstration; C sar Kpodar; Akara; and Bichakine.
Communications received
303. On 24 December 1993, the Government replied to the Special Rapporteur's
urgent appeal of 13 December 1993, informing him that the security forces had
proceeded on the basis of information provided to them and, as they had not
found anything in the houses searched, they had retreated. Allegations of
death threats were baseless. On 21 January 1994, the Government replied to
the Special Rapporteur's urgent appeal of 17 January 1994 and informed him
that no extrajudicial executions had ever taken place in Togo and that no one
had been extrajudicially killed during the recent events. A group of
terrorists had attacked Lom on S and 6 January 1994. The persons mentioned
in the Special Rapporteur's urgent appeal had been arrested for their
involvement in the attack. They had recovered their weapons and killed three
soldiers and were killed during the ensuing clash. Nine others detained in
connection with the events of S and 6 January were in detention, while
investigations had been opened.
Follow-up
304. In a letter dated 23 September 1994, the Special Rapporteur asked
for further clarifications with regard to the above-mentioned replies, as
well as two replies received from the Government in 1993 (see E/CN.4/1994/7,
paras. 590-591) . In particular, the Special Rapporteur asked whether
investigations had been carried out to evaluate the conduct of the law
enforcement officials involved, and what measures had been taken by the
authorities to ensure that the provisions contained in international
instruments limiting the use of force and firearms were fully respected during
operations aimed at restoring public order.
E/cN. 4/1995/61
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Observations
305. The Special Rapporteur thanks the Government for the information provided
in reply to his communications. However, he remains concerned at persistent
reports and allegations of arbitrary and abusive use of force by law
enforcement officials acting with total impunity. The Special Rapporteur
calls upon the authorities to adopt all necessary measures to ensure respect
for the right to life during operations carried out by law enforcement
officials, to prosecute and punish all those responsible for extrajudicial,
summary or arbitrary executions, grant adequate compensation to the victims
and adopt measures to prevent the recurrence of violations of the right to
life.
Trinidad and Tobago
306. The Special Rapporteur sent an urgent appeal to the Government in which
he called upon the authorities to ensure full respect for the rights and
guarantees of those facing the death penalty after being informed that
Lincoln Anthony Guerra and Brian Walden were scheduled for execution on
25 March 1994 although appeal proceedings were still pending (25 March 1994) .
Another communication was sent to the Government after the Special Rapporteur
received reports of the execution of Glen Ashby, sentenced to death in
July 1989. At the time of his execution, two proceedings were said to be
pending: on 6 July 1994, Glen Ashby had made a complaint to the
United Nations Human Rights Committee, and on 13 July 1994, he had brought a
constitutional motion in Trinidad. It was further reported that the
Government had given an assurance to the Privy Council in London, the highest
court for Trinidad and Tobago, that he would not be executed before all
avenues of relief were exhausted (15 August 1994) . To date, no reply has been
received from the Government.
Observations
307. The reports received by the Special Rapporteur, in particular those
referring to the execution of Glen Ashby while legal proceedings were still
pending, are most disturbing. Further information received subsequent to the
Special Rapporteur's letter to the Government stated that there had been
irregularities in the appeal procedures. The Special Rapporteur urges the
Government to ensure that the guarantees and safeguards of those facing the
death penalty, as contained in a number of pertinent international
instruments, be fully respected. The Special Rapporteur is particularly
concerned that Glen Ashby was executed 4 years and 11 months after having been
sentenced to death. In his report to the Commission on Human Rights at its
fiftieth session, the Special Rapporteur had expressed concern that the 1993
judgement of the Privy Council, which held that awaiting execution for five
years constituted in itself cruel and inhuman punishment, might incite
Governments to speed up the carrying out of death sentences, to the detriment
of respect for the defendants' fair trial guarantees (see also below
para. 382).
E/CN. 4/1995/61
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Turkey
Information received and communications sent
308. The reports and allegations received by the Special Rapporteur indicate
that violations of the right to life continued to occur during 1994 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. As in former years, most of these reports
referred to death threats against or extrajudicial executions of civilians
during operations carried out by the security forces in villages suspected of
harbouring members of the PKK. According to the reports received, members of
the political opposition, journalists and human rights activists continued to
be targets of acts of violence. The security forces and paramilitary groups
cooperating with them, particularly the “village guards” and, in some
instances, the “Kontrgerilla”, were said to be responsible for violations of
the right to life. A renewed wave of military operations was said to have
started on a large scale during the month of April 1994, leading to a massive
influx of Turkish Kurds into northern Iraq.
309. The Special Rapporteur sent four urgent appeals to the Government.
Fearshad been expressed for the lives of the following persons: Ahmet Aslan
and 12 other villagers from Payamli, Siirt, who were said to have been
detained during a raid by the security forces at their village, allegedly in
reprisal for the refusal of the villagers to participate in the village guard
system for fear of reprisal attacks from the PKK (17 January 1994) ; Nebahat
Akkoc, after threatening telephone calls, reportedly in relation to complaints
of human rights violations lodged by Nebahat Akkoc with the European
Commission of Human Rights (31 October 1994) . The Special Rapporteur also
expressed concern for the lives and physical integrity of members of the
People's Labour Party (HADEP) , after the killings of HADEP officials,
Mehmet Salih Sabukettin, Rebih Cabuk and Sever Cerf and attacks against
several others, allegedly by members of the police (13 October 1994) .
310. The Special Rapporteur also transmitted to the Government allegations he
had received concerning the extrajudicial, summary or arbitrary execution of
the following persons:
(a) During operations by security forces: Nasir Gi t, his wife and
six children, in Altinova, Mus; Besir Baskak, Abdullah Gler, Sait Sen and
Ahmet Gler; Ahmet Zetin; Hi seyin Ergen; Eyi p Donat; Mehmet Emin Bing6l,
Yakup Tetik, Mehmet Acal and Ali Can Oner; Sehmuz Celik; Mahmut Cakmak;
11-year-old OEncer Gi ler. In addition, Besir Dogan and Yeker Gler were
reportedly killed with explosives dropped from helicopters;
(b) Necati Aydin, Mehmet Ay and a third person, reportedly killed after
being detained by the anti-terror branch of the Diyarbakir police; Zeki Aksoy,
reportedly killed for having filed a complaint against the Government of
Turkey for torture with the European Commission on Human Rights, after
receiving threats that he would be killed unless he dropped the charges;
Serif Avsar, reportedly detained without a warrant by village guards and
E/cN. 4/1995/61
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plain-clothes men allegedly linked with Diyarbakir gendarmerie and
subsequently found dead; and Halil Alpsoy, member of HADEP, reportedly
abducted and subsequently killed by police.
Communications received
311. On 29 March 1994, the Government replied to the Special Rapporteur's
urgent appeal of 17 January 1994, informing him that shots had been fired from
within the village of Payamli against gendarmes performing a field operation
in the vicinity of the village. Eight of the villagers named in the appeal,
who were involved in the incident, were taken into custody and three of them
released by the court, while the other five were arrested. Five have never
been detained. All persons taken into custody were thus accounted for. In a
letter dated 24 November 1994, the Government informed the Special Rapporteur
that a preparatory inquiry had been opened into the killing of Halil Alpsoy
who, contrary to the allegations, had not been detained by police in the
Ki ki kcekmeke district.
Follow-up
312. The Government provided the Special Rapporteur with information on a
number of cases transmitted in 1993 as follows: Tahir Saday had died of a
coronary illness from which he was suffering; Mustafa Dogan was killed by an
unidentified person while sleeping at his house; AbdiIIselam Orak, in custody
of the security forces, had fallen and hit his head when trying to escape,
which caused his death; the killing of Yusuf Cakar may have been linked to a
blood feud between two families of the same region; preliminary investigations
were under way in all cases (26 November 1993); Aysel Malkac's whereabout
remained unknown despite investigations still under way (30 November 1993) ;
the development of the kidnapping of Ferhat Tepe and his past involvement with
the PKK pointed towards an intra-PKK feud as the reason for his killing;
Ibrahim Dilek (Delek), who may have been kidnapped by terrorists, was tortured
but eventually died of respiratory and circulatory deficiency; Seydo, Bahriye,
Ahmet and Yusuf Ceviren, Mehmet Necat Aras (Arizi) and one unidentified person
were killed during an armed confrontation with security forces; Hazim (Asim)
and Ahmet (Mehmet) Bulut (Both), both PKK members, died during an armed
confrontation with the security forces; the PKK had attacked the village of
Ormanici, but no unidentified three-year-old girl had been killed during the
attack (3 January 1994) ; members of the Hizbullah organization, which claimed
responsibility for the murder of Mehmet Sincar, Metin Ozdemir and Habib Kilic,
were arrested and had pleaded guilty (10 January 1994) ; enforcement officials
had arrested 10 persons for their suspected involvement in the murder of
several persons, including Kemal Kili 9 , journalist for Ozgi r GiIIdem
(26 November 1993, 31 January 1994); a member of a fundamentalist organization
was arrested while in possession of a weapon used in the attack against
Burhan Karadeniz, who has gone to Germany, thus making it impossible to
identify a number of persons taken into custody in relation to the attempt
against his life (21 March 1994) .
313. In addition, the Government informed the Special Rapporteur of operations
carried out by law enforcement officials during which a number of persons
E/CN. 4/1995/61
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were arrested and arms recovered which had been used in several killings
(28 January 1994) , as well as of the termination of military courts martial
on 30 December 1993 (27 January 1994).
314. In a letter of 23 September 1994, the Special Rapporteur asked to be
provided with some additional information concerning the progress of the
investigations initiated, as stated by the Government in its aforementioned
replies as well as in other communications received during 1993 (see
E/CN.4/1994/7, paras. 604-605).
Observations
315. The Special Rapporteur wishes to thank the Government for the replies
provided to some of his communications. However, he remains concerned at the
persistent and grave allegations of violations of the right to life in Turkey,
particularly in the south-east of the country. For more than two years, the
Special Rapporteur has found himself in a position where numerous allegations
from a variety of credible sources and the replies provided by the Government,
which invariably states that the killings are not of an extrajudicial, summary
or arbitrary character, contradict each other. The Special Rapporteur has
stated on repeated occasions that an on-site visit would be the only way for
him to seek independent information with a view to evaluating accurately both
the allegations and the replies received. With regard to Turkey, he first
sought an invitation to carry out a visit there in August 1992. He has since
then manifested his interest in visiting Turkey on various occasions. During
a meeting in Geneva with the Permanent Representative of Turkey to the
United Nations Office at Geneva, the Special Rapporteur was informed that the
Turkish authorities were in agreement with the principle of a visit. This
position was reiterated in subsequent contacts, in particular during a meeting
on 19 November 1993. However, as indicated in the Special Rapporteur's report
to the Commission on Human Rights at its fiftieth session (E/CN.4/1994/7,
para. 612), the consultations concerning his visit to Turkey have not yielded
any result. Indeed, the Special Rapporteur finds the fact that the visit has
not materialized, despite repeated assurances from the Government over a
period of more than two years that a visit by the Special Rapporteur would
meet with their agreement, gives rise to the question whether the Government
is genuinely willing to invite him.
Ukraine
316. The Special Rapporteur sent an urgent appeal to the Government after
being informed that Vasily Mikhaylovich Krivonos had been sentenced to death
for murder in November 1993. Allegedly, his confession had been obtained
under duress, and he was granted access to his lawyer only after the
prosecution had completed its investigation and compiled the indictment.
After the Supreme Court had rejected his appeal, the case was being considered
for clemency by the President of Ukraine. It was feared that the execution
might be imminent (13 April 1994) . On 31 May 1994, the Government informed
the Special Rapporteur that the President of Ukraine was considering the
petition for clemency, and that there were no grounds to believe that the
execution would be carried out while the clemency procedures were pending.
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Follow-up
317. In a letter dated 23 September 1994, the Special Rapporteur thanked the
Government for the aforementioned reply and asked to be informed about the
evolution of the case. On 26 October 1994, a further communication was
received from the Government in which it informed the Special Rapporteur that
the petition for clemency had not yet been examined.
United Arab Emirates
318. The Special Rapporteur sent an urgent appeal to the Government after
being informed that the Supreme Court had upheld the death sentence passed by
a court at Abu Dhabi upon Mashal Badr al-Hamati, a Yemeni national convicted
of murder. According to the information received, he was 17 years old at the
time of the crime. Fears were expressed that he might face imminent execution
(19 January 1994) . At the time the present report was finalized, no reply had
been received from the Government.
United Kingdom of Great Britain and Northern Ireland
Information received and communications sent
319. During 1994, the Special Rapporteur received a number of reports and
allegations referring to violations of the right to life in the context of the
conflict in Northern Ireland. In several cases, concerns were expressed that
the use of lethal force by members of the Royal Ulster Constabulary (RUC),
the police force operating in Northern Ireland, against persons was
disproportionate, and that the investigations into such killings, carried out
internally, lacked the necessary independence and impartiality, as supervision
by the Independent Commission for Police Complaints (ICPC) was not sufficient.
The findings of these investigations were submitted to the Director of Public
Prosecutions (DPP) which decided whether to prosecute. If it was decided not
to prosecute, a coroner's inquest would establish when, where and how the
death occurred; however, this would not determine whether the killing was
lawful or unlawful.
320. The Special Rapporteur was also informed of killings by loyalist
paramilitary groups such as the Ulster Defence Association (UDA) , also known
as the Ulster Freedom Fighters (UFF) , and the Ulster Volunteer Force (UVF) ,
and of allegations of collusion, including the leaking of confidential
intelligence information from security forces to loyalist paramilitary
formations. Indications of links between the security forces and the UDA,
which emerged during the trial of a double agent as a result of an official
investigation, were reportedly not followed up by the authorities.
321. The Special Rapporteur sent an urgent appeal to the Government after
being informed of fears for the life and physical integrity of Brian Austin,
relative of a Sinn Fein representative to Belfast City Council, who was said
to have received death threats by loyalists on several occasions since
December 1993. Despite these threats, the authorities were said to have
failed to provide him with any means of protection (2 June 1994) . The Special
Rapporteur also transmitted to the Government allegations he had received
concerning the cases of Pearse Jordan and Gerald Maginn (17) , both reportedly
E/CN. 4/1995/61
page 100
killed by RUC officers, and Patrick Finucane, reportedly killed by a loyalist
paramilitary group, who was said to have received death threats from members
of the RUC on repeated occasions, allegedly in relation with his work as a
lawyer representing persons accused of terrorism. In all three cases, it was
alleged that the killings were not properly investigated, resulting in
impunity for those responsible.
Communications received
322. On 3 August 1994, the Government replied to the urgent appeal
of 2 June 1994 and informed the Special Rapporteur that Brian Austin, who had
indeed been informed by the security forces of threats against him from
loyalists, had not taken the most basic security precaution of ensuring that
his name, address and telephone number were no longer listed in the official
telephone directory. Furthermore, his applications for a firearm licence and
for funds to install physical protection measures at his home were carefully
considered but refused by the competent officials who judged that not all
criteria were satisfied.
323. On 20 October 1994, the Government provided another reply and informed
the Special Rapporteur that the ICPC's role was to ensure that complaints
against the RUC were thoroughly investigated and that disciplinary action was
taken where appropriate. Its members were fully independent of the Government
and the police. Once completed, a report of the investigations was made to
the independent DPP for a decision whether or not prosecution was warranted.
If the DPP decides to prosecute, the courts are to decide innocence or guilt.
It also reported on the following cases:
(a) In the case of Pearse Jordan, the DPP, on the basis of the
investigation report, decided not to prosecute the officer involved. At the
time of the reply, the coroner's inquest had not yet taken place. The
Government stated that there was no provision for legal aid for representation
for the families, as the coroner was not permitted to express an opinion on
any question of civil or criminal liability;
(b) A full investigation took place into the killing of Gerald Maginn,
on the basis of which the DPP decided that no officer should be prosecuted;
(c) Despite extensive and ongoing inquiries, the RUC were unable to
secure a basis on which to prosecute anyone in connection with the murder of
Patrick Finucane. Three people had been charged and convicted in connection
with the possession of weapons used in the murder. On the basis of a full
investigative report on the circumstances of Patrick Finucane's killing
submitted in connection with an inquiry into allegations of collusion, the DPP
decided that no officer should be prosecuted in connection with Mr. Finucane's
death.
Follow-up
324. The Special Rapporteur thanks the Government for the replies provided to
his communications. According to the procedures established for the follow-up
on allegations, the contents of these replies have been transmitted to the
sources of the allegations for comments and observations.
E/cN. 4/1995/61
page 101
United States of America
325. During 1994, the Special Rapporteur continued to receive reports
indicating that legislation and practice relating to capital punishment in
the United States of America did not conform to internationally recognized
standards for fair trials. As in former years, it was alleged that
defendants facing the death penalty did not benefit fully from their right
to an adequate defence. The Special Rapporteur also continued to receive
reports of death sentences imposed for offences committed when the defendants
were below 18 years of age, or where they were said to be mentally retarded.
It was repeatedly reported that the practice of capital punishment was
discriminatory, death sentences being applied disproportionately on the poor,
on members of minorities, on the mentally ill or retarded, and on those
without adequate legal counsel, and in cases where the defendants were black.
326. The Special Rapporteur received reports concerning two legislative
initiatives which extended the scope of the death penalty during 1994.
In April 1994, a bill reinstating the death penalty in the State of Kansas
entered into force, providing for the possibility of imposing death sentences
for specific types of intentional murder. A new Federal Crime Bill was signed
into law by the President during the summer which expanded the federal death
penalty to cover some 60 crimes, most of which had not been punishable by
death under federal law before. Under the new law, capital offences range
from the murder of federal officials to non-homicidal offences, including the
attempted assassination of the President and major drug-related crimes.
327. The Special Rapporteur sent seven urgent appeals to the Government
calling on the authorities to ensure full respect for the right to life of
the following persons, all reportedly sentenced to death in trial procedures
falling short of internationally recognized standards: Christopher Burger,
who was 17 years old at the time of the crime for which he was convicted
and sentenced to death (2 December 1993); Johnny Watkins (2 March 1994);
Roy Stewart and Larry Anderson (14 April 1994); Robert Nelson Drew
(25 July 1994); Benjamin Terry (3 August 1994); C sar Fierro (5 August 1994);
and Harold “Wili” Otey (10 August 1994) . At the time the present report was
finalized, no reply had been received from the Government. The Special
Rapporteur also transmitted to the Government allegations he had received
according to which William Henry Hance was executed in March 1994 after being
sentenced to death by a court in Chattahoochee, Florida, in proceedings
tainted with racial discrimination.
Follow-up
328. On 23 September 1994, the Special Rapporteur sent a letter to the
Government. With reference to concerns expressed earlier regarding a number
of questions relating to the legislation and practice concerning capital
punishment in the United States of America (see E/CN.4/1994/7,
paras. 628-632) , the Special Rapporteur expressed concern at reports of the
reinstatement of the death penalty in the State of Kansas and at the new
Federal Crime Bill.
E/CN. 4/1995/61
page 102
329. The Special Rapporteur learned with deep regret from the sources of
the allegations that the death sentences of Roy Stewart, Larry Anderson,
Robert Nelson Drew and Harold “Wili” Otey were carried out as scheduled.
Observations
330. In his follow-up letter of 23 September 1994, the Special Rapporteur
expressed his deep concern at the persistent allegations of violations of
the right to life in the context of capital punishment in the United States
of America. The reports received concerning the extension of the scope of the
death penalty in Kansas and on the federal level are most disturbing. The
Special Rapporteur emphasizes once again the desirability of the abolition of
the death penalty, repeatedly expressed by the Human Rights Committee in its
comments on article 6 of the International Covenant on Civil and Political
Rights, the General Assembly, the Economic and Social Council and the
Inter-American Commission on Human Rights. The expansion of the range of
capital off ences is all the more preoccupying in the light of recurring
reports according to which the guarantees and safeguards set forth in
international instruments relating to fair trial procedures and specific
restrictions on capital punishment are not fully respected.
331. The Special Rapporteur pointed out to the authorities that his concerns,
expressed in this and earlier communications, persisted. He therefore
inquired whether the Government could consider inviting him to carry out a
visit to the United States of America to discuss the issue of capital
punishment with authorities, both at federal and at the state level, as well
as with interested organizations and individuals. At the time the present
report was finalized, no reply had been received from the Government.
Uruguay
332. The Special Rapporteur transmitted to the Government allegations he
had received according to which Jose Roberto Facal and Fernando Alvaro Morroni
were killed when security forces employed excessive force against the
participants in a demonstration to protest against the extradition of
three persons of Basque origin to Spain, which took place in Montevideo
on 24 August 1994. At the time the present report was finalized, no
communications had been received from the Government.
Uzbekistan
333. The Special Rapporteur sent an urgent appeal to the Government
after being informed of a bomb attack against the home in Tashkent of
Khamidulla Nurmukhamedou, a leading member of the outlawed opposition party
Erk (Freedom) . It was alleged that the security forces might have been
involved in the attack (13 June 1994). On 15 August 1994, the Government
replied to the urgent appeal, informing the Special Rapporteur that the crime
had not been connected with any political motives but was considered as
hooliganism and intentional damage of private property, according to the
Criminal Code of the Republic of Uzbekistan.
E/cN. 4/1995/61
page 103
Follow-up
334. In a letter dated 23 September 1994, the Special Rapporteur thanked
the Government for the information provided and asked for some further
clarifications concerning the investigations into the bomb attack, in
particular, whether the authors had been identified and on what grounds
political reasons had been excluded as motive for the attack.
Venezuela
Information received and communications sent
335. During 1994, the Special Rapporteur received reports and allegations
indicating that human rights violations, including extrajudicial, summary or
arbitrary executions, continued to occur in Venezuela. Several such reports
referred to violence in detention facilities. Prisons were said to be
overcrowded and security personnel reportedly resorted to excessive use of
force when attempting to control mutinies or prevent the escape of inmates.
The Special Rapporteur also received reports of violence against members of
indigenous communities in the context of land conflicts in the region of
Perij , State of Zulia. Hired gunmen at the services of large landowners and
members of the security forces were said to be responsible for killings of
peasants who claimed right to the disputed land. According to the information
received, the local chief of police had been dismissed and investigations into
these killings were ordered by the Governor of Zulia.
336. The Special Rapporteur sent three urgent appeals to the Government. He
expressed concern after being informed that more than 150 prisoners had died
during a mutiny at the National Prison at Maracaibo, known as “Sabaneta” . A
further nine prisoners were reported to have died when security forces impeded
their attempts to escape from “Tocor6n” prison in Aragua (17 January 1994) .
The Special Rapporteur sent a second urgent appeal in which he called on the
authorities to ensure exhaustive and impartial investigations of clandestine
mass graves at Perij , where human remains had been found which were said to
belong to persons who may have been extrajudicially executed (29 April 1994) .
The Special Rapporteur also called on the authorities to protect the lives and
physical integrity of the members of the Red de Apoyo por la Justicia y Paz
(Support Network for Justice and Peace) , who were said to have received death
threats after having participated in a radio programme during which they
accused the police of torture and extrajudicial executions in Caracas
(17 August 1994) .
337. The Special Rapporteur also transmitted to the authorities allegations
he had received concerning the extrajudicial execution by members of the
Venezuelan army of three members of the Yucpa indigenous community,
Felipe Ram6n and Vicente and Carmen Romero, in February 1994; and of
Ildefonso Carmona, who was said to have received death threats from members
of the military previous to his murder in November 1993. Both cases were said
to have taken place in the area of Perij .
E/CN. 4/1995/61
page 104
Communications received
338. On 15 August 1994, the Government informed the Special Rapporteur about
investigations carried out by four fiscales and a civilian judge into the
killing of Luis Felipe Romero, Vicente Ramos and Carmen Romero. The bodies of
the victims were exhumed and autopsies performed. Testimony was gathered from
an eye-witness. Information was solicited from the military garrison of Exile
concerning the names and ranks of personnel participating in an operation
which took place on the day of the killing of the three indigenous people.
The first instance military tribunal gave an order to follow up this request.
At the time of the reply, a conflict of competence was pending before the
Supreme Court of Justice to decide whether the military or the civilian
jurisdiction was to consider the case. Relatives of the victims had already
received initial compensation payments and a further payment was being
considered.
339. On 10 May 1994, the Government informed the Special Rapporteur that
investigations into the mass graves found in the Perij hills had been
initiated. On 7 September 1994, the Government further reported that forensic
anthropologists and anatomo-pathologists had examined the human remains found
and concluded that they belonged to two men. Several fiscales were also
participating in the investigations with a view to determining whether there
was a relationship between cases of disappearances since 1991 and the case
under examination.
Follow-up
340. In a letter dated 23 September 1994, the Special Rapporteur asked the
Government to provide him with additional information on the progress of
investigations under way, as stated by the authorities in several replies
received during 1993 (see E/CN.4/1994/7, paras. 642-644) and, in particular,
whether the strike of the tribunals referred to in these communications had
ended.
341. On 3 October 1994, the Government provided a reply to the Special
Rapporteur's follow-up communication of 22 September 1993, which contained
some of the information requested by the Special Rapporteur in his follow-up
letter of 23 September 1994. Thus, the Government informed him about the
progress of investigations into allegations transmitted by the Special
Rapporteur in 1992 and 1993. In the case of Ver6nica Tecsari (see
E/CN.4/1994/7, para. 641 (b)), five civil servants had been charged with
murder and the appropriate proceedings were under way before a civilian court.
Investigations were being carried out by a military court in Caracas into the
killing of Virgilio Fernandez (see E/CN.4/1994/7, para. 641 (b)). In the case
of Romer Figueroa Lizardi (see E/cN.4/1993/46, para. 640 and E/cN.4/1994/7,
para. 643 (a)), in May 1993 the Supreme Court of Justice decided that the
military judiciary was competent to deal with the case. The Government
further informed the Special Rapporteur that investigations were continuing
into the alleged death threats against Ivo Rodriguez Escudero (see
E/CN.4/1994/7, paras. 640 and 642 (a)), but that he had not followed up an
invitation to present his declaration to the Fiscalia . Antonio Rios (see
E/CN.4/1993/46, para. 641 and E/CN.4/1994/7, para. 644) had been released
from prison.
E/cN. 4/1995/61
page 105
Observations
342. The Special Rapporteur thanks the Government for its willingness to
cooperate with his mandate and the information provided in reply to a number
of his communications. He remains, nevertheless, concerned at the reports and
allegations brought to his attention. In this context, he would like to call
on the authorities to take all necessary steps to ensure that conditions
of detention in prison facilities conform to internationally recognized
standards, and to ensure that security personnel in prisons fully respect the
restrictions on the use of force and firearms, as contained in the pertinent
international instruments. The Special Rapporteur calls on the authorities
to conduct exhaustive and impartial investigations into all incidents of
violence, with a view to evaluating the conduct of the security personnel
involved, and to ensure that those found to have committed crimes are
punished.
343. The Special Rapporteur is also concerned at reports of decisions in which
the Supreme Court of Justice found that competence in cases involving human
rights violations by security forces personnel belonged to the military
courts. Experience in other countries has shown that this almost always
results in impunity. The Special Rapporteur therefore urges the Government to
ensure that judges participating in military tribunals hearing cases of
security forces personnel accused of human rights violations are independent,
impartial and competent, and that the rights of victims and witnesses to
participate in the proceedings are fully respected.
Yemen
344. The Special Rapporteur sent an urgent appeal to the Government after
being informed that death sentences imposed on Hussein Muhammad ‘Abdullah
al-Ajrab and 13 other persons in the Yemen Arab Republic prior to its
unification with the former People's Democratic Republic of Yemen were upheld
by the ruling Presidential Council. Fears were expressed that their trials
had not been in conformity with internationally recognized fair trial
standards. Five of those sentenced to death were said to have been executed,
while the remaining nine were said to face imminent execution (8 August 1994) .
At the time the present report was finalized, no reply had been received from
the Government.
Observations
345. The Special Rapporteur wishes to express concern at these allegations
and regrets the lack of response from the Government. He also fears that a
large number of deaths, including extrajudicial, summary or arbitrary
executions, have occurred during the armed conflict between the northern and
southern parts of Yemen during the course of the year. No mechanism has been
put into place by the international community to monitor respect for human
rights during the hostilities and in their aftermath.
E/CN. 4/1995/61
page 106
Zaire
Information received and communications sent
346. As in former years, the Special Rapporteur received reports and
allegations indicating that human rights violations, including extrajudicial,
summary or arbitrary executions, continue to occur in Zaire. Most of these
violations were said to have been committed by members of the security forces
and, in particular, the Division sp ciale pr sidentielle (Special Presidential
Division, DSP) . The victims were reported to have included members of the
political opposition, as well as civilians who were killed when security
forces resorted to indiscriminate use of lethal force in the context of public
demonstrations, or simply at random. For an in-depth analysis of the human
rights situation in Zaire, the Special Rapporteur refers to the report
presented to the Commission on Human Rights by the Special Rapporteur on the
situation of human rights in Zaire, Mr. Roberto Garret6n (E/cN.4/1995/67).
347. The Special Rapporteur sent an urgent appeal to the Government of
Zaire after being informed of several attempts against the life of
Etienne Tshisekedi and the arrest of his assistant, Leon Kadima Muntuntu,
allegedly by members of the security forces (27 July 1994) . The Special
Rapporteur also transmitted to the Government allegations he had received
concerning the extrajudicial, summary or arbitrary execution, by members of
the security forces between early 1993 and April 1994, of the following
persons: Salumu Didier Tumuche at Kabondo; Madimba Kapia in Kinshasa;
2IIb Mukoma at Kananga; 52 unidentified civilians in the Kimbanseke area of
Kinshasa; five unidentified civilians at the Grand Stadium of Kinshasa;
Muvingi Nyamwisi, at Cite de Butembo; Fr d ric Imbamba, in front of the Palais
de Peuple at Kinshasa; Nkunku Mbala, at Kinshasa; tJmba Popa, Christine and
Elisabeth Bado, at Kingasani; Papy Thambo, at Lemba; Tshibaka, at Gomb ;
Alain Lianga Nkoy, Claude Pemba Mvubu, Lutete Longo, Kapiemba Kanyindu and
Albert Kabamba, in Kinshasa; Martin Matuisi, at Kingasani; Yumbu and
16 others, including four-year-old Ntumba Gary, at Kingasani and Masina;
Patrice Wami Risasi, at Kisangani; Lucien Dinganga Fongo, in Kinshasa;
Makungo, at the Collectivit Mungindu; in the North-Kivu region;
Willy Munkulazadi Kweti, in the Mat t area of Kinshasa; Kibangi Mandala and
an unidentified person in Kinshasa.
Communications received
348. The Government replied to the Special Rapporteur's urgent appeal
of 27 July 1994 and informed him that Etienne Tshisekedi had not been the
victim of attacks. His bodyguards had illegally closed the street in front of
his residence and had beaten to death, without any reason, three civil guards
( gardiens de paix ) who happened to pass by. Gendarmes were subsequently
deployed to restore public order and, when shot at by the bodyguards, returned
fire in self-defence. No one was killed during the exchange of fire
(21 September 1994) .
Follow-up
349. On 17 December 1993, the Government acknowledged receipt of the Special
Rapporteur's urgent appeal of 19 October 1993 (see E/CN.4/1994/7, para. 658).
E/cN. 4/1995/61
page 107
In a letter dated 23 September 1994, the Special Rapporteur asked the
Government whether any progress had been made in the investigations into this
case.
Observations
350. The Special Rapporteur is deeply concerned at the disturbing reports
of violations of the right to life brought to his attention almost regularly
during the past three years, including excessive and arbitrary use of force
with virtually complete impunity, extrajudicial killings in the context of
ethnic violence, particularly in the areas of Kasai, Shaba and the Kivu
region, and threats against members of the political opposition. Repeated
calls on the authorities to take decisive action to investigate such
violations and punish those responsible have not been heard.
351. Violence in the refugee camps in the Kivu region during the past year
also gives rise to concern. Many thousands of Rwandese refugees are under
constant threat from the Zairean security forces as well as members of the
militias supporting the former Rwandese Government. A pledge made by the
Government of Zaire to disarm members of the former Rwandese Government
Forces and the militias has not been fulfilled. UNHCR and non-governmental
organizations providing humanitarian aid also face serious security risks and
are not in a position to protect the refugees. Steps to protect the lives of
people living in camps in Goma and elsewhere along the border with Rwanda are
urgently needed.
E/CN. 4/1995/61
page 108
V. CONCLUSIONS AND RECOMMENDATIONS
352. For the third time in three years of activities, the Special Rapporteur
is compelled to conclude, at the end of his cycle of activities and reporting,
that extrajudicial, summary or arbitrary executions have not ceased and that
there are no indications to the effect that the number of violations of the
right to life has decreased. The Special Rapporteur continued to receive
numerous allegations comprising all the different manifestations of violations
of the right to life that fall within his mandate. In some countries or
situations, changes in legislation or practice concerning capital punishment,
the signing of peace agreements, or increased awareness of human rights issues
and the willingness to improve respect for human rights, are encouraging and
give rise to hope. In others, laws extending the scope of capital punishment
or reinforcing impunity, armed conflicts flaring up in areas hitherto calm as
well as old ones that resume, continue or take new turns, entail new, or
renewed, violations of the right to life.
353. Against this backdrop, the Special Rapporteur has continued his efforts
to exercise his mandate as effectively as possible by responding to the
information that has come before him, following up on allegations transmitted
to Governments, enhancing contacts with Governments and sources of such
allegations as well as cooperation with other United Nations mechanisms
dealing with human rights issues, carrying out on-site visits and following up
on them. In doing so, he also took into consideration the requests to pay
special attention to a number of issues made to him in various resolutions of
the Commission on Human Rights.
354. The present report is the third presented by the Special Rapporteur since
he assumed his functions in June 1992, following Mr. S. Amos Wako who had
served as Special Rapporteur during the first 10 years of the existence of a
mandate examining questions related to the right to life. It also marks the
end of the three-year mandate extended to him by the Commission on Human
Rights in resolution 1992/72 of 5 March 1992. During this period, the Special
Rapporteur continued to develop and refine the procedures to implement the
mandate and the methods of work applied, as described in detail in his report
to the Commission on Human Rights at its fiftieth session (E/CN.4/1994/7,
paras. 17-67) . In the following sections, the Special Rapporteur presents an
overview of his activities together with an analysis of their effectiveness
and tendencies observed since 1992, followed by conclusions and
recommendations concerning the different aspects of his mandate.
A. Activities - procedural matters
Communications sent
355. In 1994, the Special Rapporteur transmitted allegations concerning
violations of the right to life of more than 3,000 persons to 65 Governments.
On 203 occasions, the Special Rapporteur sent urgent appeals on behalf of more
than 2,300 persons. Allegations concerning more than 700 persons were
transmitted to the Governments concerned by letter. Table 1 gives an overview
of the communications sent by the Special Rapporteur since he assumed his
functions in June 1992.
E/cN. 4/1995/61
page 109
Table 1
Communications sent by the Special Rapporteur since 1992
Year
1.
2.
3.
4.
5.
6.
7.
8.
1992
1993
1994
143
217
203
+1,500
+1,300
+2,300
42
52
53
+1,900
+2,300
+700
40
51
45
+3,400
+3,600
+3,000
54
69
65
- -
30
35
1. Urgent appeals sent by the Special Rapporteur.
2. Number of persons on whose behalf urgent appeals were sent.
3. Number of Governments to which urgent appeals were sent.
4. Number of persons whose cases were transmitted by letter.
5. Number of Governments to which letters were sent.
6. Total number of persons on whose behalf the Special Rapporteur
acted (total cases) .
7. Total number of Governments to which the Special Rapporteur
addressed allegations.
8. Number of Governments to which the Special Rapporteur sent
follow-up communications.
356. As can be seen from table 1, the number of urgent appeals has decreased
slightly from 1993 to 1994, while the number of persons on whose behalf such
appeals were sent has risen dramatically. This is, in part, due to the fact
that some of the urgent appeals transmitted referred to large groups of people
not identified by name. Seven urgent appeals were sent on behalf of groups
composed of more than 100 persons whose lives were said to be at risk or who
had allegedly died in particularly grave incidents of excessive or arbitrary
use of force. 2/ A total of 171 urgent appeals expressed concern for
alleged violations of the right to life of identified individuals. A
considerable number of these appeals were sent for groups: 18 urgent appeals
concerned more than 10 identified persons, a further 27 were sent on behalf of
groups between S and 10 identified persons. In 66 cases, the subject of
urgent appeals was only one person.
357. At the same time, a sharp decrease in allegations transmitted by letter
can be observed when comparing the figures for 1994 and 1993. This may find
an explanation partly in the fact that, during 1994, the Special Rapporteur
transmitted only those allegations concerning groups of unidentified persons
transmitted by credible sources where the particular gravity of the case
warranted such urgent action and where sufficient details were provided so as
to allow for meaningful follow-up. However, another, preoccupying reason is
that due to severe limitations on the availability of staff assisting the
E/CN. 4/1995/61
page 110
Special Rapporteur in the discharge of his mandate during the past year, some
of the documents received which contained allegations of violations of the
right to life simply could not be processed (see also below paras. 369-370) .
358. The experience of the past years has clearly shown that the allegations
received by the Special Rapporteur are only approximately indicative of the
occurrence of violations of the right to life in different parts of the world.
Much depends on the availability of information and the degree to which human
rights activists may carry out their activities, as well as their level of
organization. As a consequence, the Special Rapporteur continues to find
himself in a situation where for some countries the information brought to his
attention is very complete, and longstanding contacts with the sources permit
the Special Rapporteur to obtain the details needed to transmit allegations to
the Governments, while other countries simply do not figure in his report
because no information at all has been received, or the communications are not
sufficiently specific to allow them to be processed within the framework of
his mandate. Again, the shortage of staff to assist the Special Rapporteur is
detrimental as it hampers such information being actively sought and possible
sources of information contacted in cases where, for example, violations of
the right to life are reported in the media but no allegations are submitted
to the Special Rapporteur.
359. Nevertheless, it is interesting to observe that, for the first time
since 1992, more cases have been transmitted in urgent appeals with the aim of
preventing violations of the right to life which were feared to be imminent,
than by letter, that is, when the alleged extrajudicial, summary or arbitrary
execution had already occurred. While, for the reasons referred to in the
preceding paragraph, the figures contained in table 1 should be taken with
caution, they do suggest an overall tendency towards preventive action. This
is most welcome, and the Special Rapporteur hopes that it may be accompanied
by an increase in the protection of those whose lives are under threat.
Replies received from Governments and follow-up
360. Tables 2 and 3 contain information regarding the responsiveness of
Governments to allegations transmitted to them by the Special Rapporteur:
Table 2
Replies received from Governments to allegations transmitted since 1992
Year
1.
2.
3.
4.
5.
6.
7.
8.
9.
1992
1993
1994
54
69
65
26
38
33
26
18
8
--
36
27
--
--
33
--
30
35
28
22
20
--
33
24
28
25
29
1. Total number of Governments to which the Special Rapporteur
transmitted allegations.
E/cN. 4/1995/61
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2. Total number of Governments that provided replies.
3. Number of Governments that provided replies to allegations
transmitted in 1992.
4. Number of Governments that provided replies to allegations
transmitted in 1993.
S. Number of Governments that provided replies to allegations
transmitted in 1994.
6. Number of Governments to which the Special Rapporteur sent
follow-up communications.
7. Number of Governments that had not provided replies to allegations
transmitted in 1992.
8. Number of Governments that had not provided replies to allegations
transmitted in 1993.
9. Number of Governments that have not provided any replies to
allegations transmitted to them.
Table 3
Responsiveness of Governments
Year
1.
2.
3.
4.
5.
6.
7.
1992
1993
1994
54
69
65
48.1%
52.2%
50.8%
62.9%
65.2%
50.8%
+3,400
+3,600
+3,000
+1,500
+1,000
+800
44.1%
27.8%
26.7%
--
30
35
1. Total number of Governments to which the Special Rapporteur
transmitted allegations.
2. Percentage of Governments that provided replies during the year in
which the allegations were transmitted to them.
3. Percentage of Governments that, by 25 November 1994, had provided
replies to the allegations transmitted to them during the year
indicated.
4. Total number of persons on whose behalf the Special Rapporteur
transmitted allegations (total cases) .
S. Number of cases to which replies were received from Governments by
25 November 1994.
E/CN. 4/1995/61
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6. Percentage of cases to which replies were received from Governments
by 25 November 1994.
7. Number of Governments to which the Special Rapporteur addressed
follow-up communications.
361. A comparison of replies received from the Governments concerned to the
Special Rapporteur's urgent appeals and letters shows that the ratio of the
number of Governments which received allegations from the Special Rapporteur
to those which provided replies during the same year has not changed
substantially since 1992. The overall level of responsiveness rose from
48.1 per cent in 1992 to 52.2 per cent in 1993. By 25 November 1994,
62.9 per cent of all Governments that received allegations in 1992 had
provided replies concerning 1,500 persons, 44.1 per cent of the total of
3,400 persons on whose behalf the Special Rapporteur had acted in 1992. With
regard to the allegations transmitted by the Special Rapporteur in 1993,
65.2 per cent of all Governments had provided replies by 25 November 1994.
Their replies concerned 1,000 persons, which represents only 27.8 per cent of
the total of 3,600 persons who were said to have suffered violations of their
right to life during 1993.
362. For 1994, the percentage of Governments that have replied during the
year in which the allegations were received is slightly lower than in 1993
(50.8 per cent) . At the time the present report was finalized, replies had
been provided concerning the cases of 800 persons, that is, 26.7 per cent of
the total of 3,000. However, some of these Governments received the
allegations as recently as in October or November 1994.
363. While one has to account for the fact that replies to cases transmitted
in 1992 have now been received over a period of more than two years, the
figures for 1993 and 1994 suggest a tendency rather towards a reduction of the
responsiveness of Governments than an increase. This appears to be so despite
the efforts made by the Special Rapporteur to follow up on allegations sent
during previous years, and to give Governments better guidance as to the
information needed by providing them with a reply form. The Special
Rapporteur is concerned that the Governments of the following countries 3/,
as of 25 November 1994, had not replied to specific allegations transmitted to
them during:
(a) 1992: Afghanistan, Azerbaijan, Burundi*, Cambodia, Chile*,
Dominican Republic, Equatorial Guinea, Honduras, Indonesia*, Iran (Islamic
Republic of)*, Malaysia, Mali, Paraguay, Rwanda, Saudi Arabia*, Togo*,
tJkraine*, Yemen*, Zaire*;
(b) 1993: Azerbaijan, Burundi*, Cambodia, Central African Republic,
Comoros, Djibouti, Equatorial Guinea, Honduras, Jamaica, Kyrgyzstan, Lebanon,
Malawi*, Myanmar*, Papua New Guinea, Paraguay, Rwanda, Sierra Leone,
Tajikistan, the former Yugoslav Republic of Macedonia, Turkmenistan,
Uzbekistan*, Yugoslavia, Zaire* and Zimbabwe*;
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(c) 1994: Afghanistan, Bolivia, Bosnia and Herzegovina, Cambodia,
Central African Republic, Djibouti, Honduras, Kazakhstan, Kyrgyzstan, Lebanon,
Niger, Portugal, Rwanda, Sierra Leone, Singapore, Tajikistan, Trinidad and
Tobago, Turkmenistan, United Arab Emirates and Uruguay.
364. The Special Rapporteur is concerned that some of these countries have
not replied to any of the communications transmitted to them since 1992. He
reiterates his appeal to all Governments to cooperate with his mandate, in the
common interest of a better protection of the right to life.
365. In a number of cases where Governments did reply and the contents of
their replies were sent to the sources of the allegations, according to the
procedures established, the latter provided the Special Rapporteur with
comments and observations. While in some instances the sources confirmed the
information received from the Government or stated that they did not possess
of any further details on certain cases, the majority of replies were
contested by the sources which on a number of occasions provided additional
elements to reinforce their earlier allegations. Due to the lack of human
resources, it was impossible to take initiatives with a view to clarifying
contradictions in the information received from Governments and sources.
Under the present circumstances, it is not possible for the Special Rapporteur
to monitor in a comprehensive and systematic manner the way Governments comply
with their obligations under international law to protect the right to life
and to ensure exhaustive and impartial investigations in cases where this
right appears to have been violated.
Follow-up on recommendations
366. The apparent lack of attention given by the members of the Commission
on Human Rights to the conclusions and recommendations presented by special
rapporteurs mandated by them is another point of concern to the Special
Rapporteur. This lack of interest was sadly illustrated by the case of
Rwanda, where decisive action on the part of the international community early
in the year might have rendered the situation in this country less susceptible
to the disastrous events there after 6 April 1994. In his report on the visit
to Rwanda in April 1993 (E/cN.4/1994/7/Add.1) and in his introductory
statement before the Commission on Human Rights in March 1994, the Special
Rapporteur had presented his concern at the alarming level of violations of
the right to life in that country, without effect. Moreover, in the
conclusions of his annual report, the Special Rapporteur had warned of the
possible consequences of communal violence and, citing Burundi, Rwanda and
Zaire among the countries where violent confrontations between members of
different ethnic groups had been reported, wrote: “Such conflicts, if allowed
to continue, may degenerate into genocide” (E/CN.4/1994/7, para. 709) .
367. However, Rwanda is not the only example where the international
community chose to ignore recommendations made by one of its emissaries after
an on-site visit. In fact, the Special Rapporteur has not received any
concrete information concerning the implementation of the recommendations
formulated after the publication of the report on his visit to Peru.
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368. In this context, the Special Rapporteur wishes to note that, while
invitations to undertake on-site visits are most welcome, this should not be
the end of the cooperation with the Government concerned. In other words, it
is not enough to invite the Special Rapporteur and show cooperativeness during
the mission if the recommendations made as a result thereof are ignored. The
Special Rapporteur has repeatedly stressed that he views visits as the
beginning of a dialogue aimed at strengthening respect for the right to life.
His conclusions, even though they may refer to violations of the right to
life, are not put forward in an accusatory spirit. Rather, the Special
Rapporteur believes that recognizing the problems encountered, and naming
them, constitutes the precondition for attempts to solve them. On the basis
of his experience and expertise in the matter, the Special Rapporteur offers
once again his assistance.
Resources
369. The Special Rapporteur has repeatedly expressed concern at the scarce
resources, both human and material, put at his disposal for the implementation
of the mandate entrusted to him. In his report to the Commission on Human
Rights at its fiftieth session, he called for an increase of the resources
of the Secretariat so as to be able to carry out the day-to-day work involved
in the assessment of incoming information, the preparation of urgent appeals
and case summaries to be transmitted to the Governments concerned, the
organization of missions, etc., which would require at least three
Professional staff members and one secretary working exclusively on the
mandate (E/CN.4/1994/7, para. 727). During the past year, staff assistance
for the Special Rapporteur has not only not increased but, on the contrary,
diminished, as the number of mandates to be serviced by the Secretariat and
the work related to them has risen considerably, particularly after the
establishment of a human rights field operation in Rwanda.
370. An enormous effort was made to continue, nevertheless, the work of the
mandate. However, the Special Rapporteur notes with regret that this could
not be done as thoroughly as hoped, and indeed envisaged. Priorities had
to be set. While the Special Rapporteur is satisfied that in all cases
where information received from credible sources indicated the need for
his immediate intervention, urgent appeals were sent to the Governments
concerned, it was not possible to process all the reports and allegations of
extrajudicial, summary or arbitrary executions that have come before him
which, according to the procedures established for the mandate, should have
been transmitted by letter. Furthermore, as stated above, no active research
on information or additional details on allegations received could be
conducted. The number of entries in the database which was established
in 1992 has reached 4,000, referring to alleged violations of the right to
life of more than 10,000 persons in almost 100 countries. With this in mind,
it comes as no surprise that the follow-up of allegations transmitted since
1992 which had remained without reply, or where the replies received from
Governments could not be considered as final, also suffered from the lack of
human resources available to service the mandate of the Special Rapporteur.
E/cN. 4/1995/61
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371. The Special Rapporteur appeals to the international community to see to
it that the mandate on extrajudicial, summary or arbitrary executions be
allotted sufficient human and material resources so that he may carry out his
tasks effectively.
B. Violations of the right to life - allegations received and acted upon
372. Little appears to have changed with regard to the different types of
violations of the right to life on which the Special Rapporteur has taken
action during 1994. The different countries where such violations are said to
have taken place may have varied to some extent, but the analysis of the
problems shows that the causes for their continuing existence have remained
very much the same. As in the past, impunity is the key to the perpetuation
of violations of the right to life in most countries. While this continuity
in the problems observed, with regard to both causes and manifestations, may
give rise to feelings of impotence or even resignation, it should, on the
other hand, permit the identification of measures that would need to be taken
to redress these problems, and to concentrate on the implementation of such
measures. The Special Rapporteur encourages Governments, intergovernmental
organizations and non-governmental organizations to continue efforts in this
direction and build on progress made in some areas. He hopes that his
suggestions and recommendations, as expressed in earlier reports and contained
in the present one, may be of use in this regard.
1. Capital punishment
373. In his report to the Commission on Human Rights at its fiftieth session,
the Special Rapporteur presented a detailed analysis of his concerns with
regard to the death penalty (E/CN.4/1994/7, paras. 673-687) . His action in
response to allegations of violations of the right to life in connection with
capital punishment continued to be guided by:
(a) The desirability of abolition of the death penalty, as expressed on
numerous occasions by the General Assembly, the Human Rights Committee and the
Economic and Social Council;
(b) The need to ensure the highest possible standards of independence,
competence, objectivity and impartiality of judges and juries and full respect
of guarantees for a fair trial in proceedings which may lead to the imposition
of the death penalty, including full respect for the right to an adequate
defence, the right to appeal and to seek pardon, commutation of the sentence
or clemency; and
(c) Full observation of special restrictions on the application of the
death penalty for crimes committed by persons below 18 years of age; mentally
retarded or insane persons; pregnant women and young mothers.
374. The desirability of the abolition of capital punishment was reaffirmed
strongly by the Security Council, which, in its resolutions 808 (1993)
of 22 February 1993 and 955 (1994) of 8 November 1994 on the establishment
of international criminal jurisdictions for the former Yugoslavia and Rwanda,
respectively, has excluded the death penalty, establishing that imprisonment
is the sole penalty to be imposed by these tribunals for crimes as abominable
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as genocide and crimes against humanity. The Special Rapporteur welcomes this
endorsement by the Security Council of a tendency favourable to the protection
of the right to life even in circumstances where those who may benefit from
this protection have themselves not shown respect for the right to life.
375. In this context, reports of an expansion of the scope of the death
penalty, in the recent past, in the national legislations of a number of
countries are most disappointing. In 1993, the Special Rapporteur expressed
concern at such tendencies, clearly contrary to the trend observed at the
international level, in Bangladesh, China, Egypt, Pakistan and Saudi Arabia.
He had also approached the Governments of Peru and of the United States of
America after being informed of proposals to widen the scope of capital
punishment in a new constitution and a new federal crime bill, respectively.
During 1994, the Special Rapporteur was disturbed to learn that the
legislative initiatives had been carried out in both countries, in the case
of the latter both on the federal level and in the State of Kansas. The
Government of Peru provided a reply explaining its points of view. Even
though the Special Rapporteur's concerns in the matter persist (see above
para. 262), the willingness of the Peruvian authorities to enter into a
dialogue on the issue is much appreciated. The Special Rapporteur notes with
regret that the Government of the United States of America did not respond to
any of the communications transmitted by him during the year. An expansion of
the scope of the death penalty during 1994 was also reported in Nigeria. The
Special Rapporteur emphasized once again that the scope of the death penalty
should never be extended and invites those States which have done so to
reconsider.
376. Reports were also received concerning death sentences imposed after
proceedings in which the defendants did not fully benefit from the rights and
guarantees for a fair trial contained in the international instruments. Such
reports concerned the following countries: Algeria, Bosnia and Herzegovina,
Central African Republic, China, Egypt, Iran (Islamic Republic of) ,
Kazakhstan, Kuwait, Kyrgyzstan, Lebanon, Myanmar, Nigeria, Sierra Leone,
Singapore, Trinidad and Tobago, Ukraine, United Arab Emirates, United States
of America and Yemen.
377. 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 full 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, commutation of sentence or clemency must be ensured.
378. While in many countries the law in force takes account of the standards
for fair trials as contained in the pertinent international instruments, this
alone does not exclude that a death sentence may constitute an extrajudicial,
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summary or arbitrary execution. It is the application of these standards to
each and every case that needs to be ensured and, in case of indications to
the contrary, verified, in accordance with the obligation under international
law to conduct exhaustive and impartial investigations into all allegations of
violations of the right to life.
379. Moreover, the Special Rapporteur reiterates his concern that special
jurisdictions to speed up proceedings, often set up as a response to acts of
violence committed by armed opposition groups or situations of civil unrest,
do not offer these guarantees as the standards of due process and respect for
the right to life of proceedings before them are almost always lower than in
ordinary criminal proceedings. This is particularly worrying, as these
special jurisdictions are generally used in situations which, in themselves,
usually entail an increase in human rights violations. Reference is made to
the sections of this report on Algeria, Egypt or Nigeria.
380. As concerns death sentences handed down on persons convicted for crimes
committed when they were under 18 years of age, or legislation allowing for
the imposition of capital punishment on minors, whether or not this
legislation is applied in practice, the Special Rapporteur expresses concern
at the allegations and reports received concerning Algeria, Pakistan and the
United States of America. As regards the United States of America, the
Special Rapporteur also continued to receive allegations of death sentences
imposed, and carried out, in cases where the defendants were said to suffer
from mental retardation. In addition, allegations were received concerning
one such case in Japan.
381. The Special Rapporteur calls on all Governments concerned to revise
legislation, where appropriate, and to ensure that in both their legislation
and practice the guarantees, safeguards and restrictions on the application of
capital punishment, as contained in the pertinent international instruments,
are fully respected.
382. Among the many preoccupying cases that have come before the Special
Rapporteur during the past year, one warrants special mention: the execution
of Glen Ashby in Trinidad and Tobago on 14 July 1994, while appeal procedures
were still pending. The Special Rapporteur wishes to express his most
profound concern at this clear violation of the right to life. He recalls,
in this context, the 1993 judgement of the Privy Council of the United Kingdom
of Great Britain and Northern Ireland, the supreme judicial instance for the
member States of the Commonwealth, in which it held that awaiting the
execution of a death sentence for five years after it had been handed down
constituted in itself cruel and inhuman punishment. Glen Ashby was executed
four years and eleven months after having been sentenced to death in
June 1989. In his report to the Commission on Human Rights at its fiftieth
session, the Special Rapporteur had expressed his concern that the decision of
the Privy Council might encourage Governments to carry out executions of death
sentences more speedily, which, in turn, was likely to affect defendants'
rights to full appeal procedures (E/cN.4/1994/7, para. 682) . The Special
Rapporteur reiterates his view that the judgement should rather be interpreted
in the light of the desirability of the abolition of capital punishment: the
risk that the imprisonment of a person on death row becomes cruel and inhuman
E/CN. 4/1995/61
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punishment could easily be avoided by not imposing the death sentence in the
first place. To solve the problem by killing the person is simply
unacceptable.
383. The Special Rapporteur is also deeply concerned at the reports of the
execution of Adzhik Aliyev in Tajikistan, one day before the signing of an
agreement under which he may have been eligible for release from prison.
384. In this context, the Special Rapporteur would like to express his view
that, although the death penalty is not prohibited under international law,
there is no such thing as a right to capital punishment, restricted only by
some limitations contained in the pertinent international instruments. In
view of the irreparability of loss of life, the impossibility of remedying
judicial errors and, indeed, the well-founded doubts expressed by a wide range
of experts in criminology, sociology, psychology, etc. as to the deterrent
effect of capital punishment, the Special Rapporteur once again calls on the
Governments of all countries where the death penalty still exists to review
this situation and make every effort towards its abolition.
385. Finally, the Special Rapporteur has received encouraging reports
concerning a project currently under consideration by the Council of Europe
with a view to a protocol additional to the European Convention on Human
Rights aiming at the abolition of capital punishment under any circumstances
and a moratorium on the execution of death sentences. The Special Rapporteur
welcomes this initiative and encourages Governments to follow the example,
either unilaterally or within other regional human rights institutions. As to
activities undertaken by other United Nations organs, the Special Rapporteur
would like to mention a worldwide survey carried out by the Crime Prevention
and Criminal Justice Branch of the United Nations Secretariat on developments
with regard to capital punishment. 4/
2. Death threats
386. Reports and allegations alerting the Special Rapporteur to situations
where the lives and physical integrity of persons are feared to be at risk
continue to account for a large part of the information brought to his
attention. In the past year, he has transmitted urgent appeals with the aim
of preventing loss of lives to the Governments of: Angola, Argentina,
Bangladesh, Brazil, Colombia, Cuba, El Salvador, Guatemala, Haiti, Honduras,
India, Iran (Islamic Republic of) , Mexico, Nepal, Peru, Philippines, Rwanda,
South Africa, Togo, Turkey and Venezuela. As in the past, numerous human
rights activists, trade unionists, community workers, members of political
opposition parties and movements, writers and journalists, lawyers and persons
working in the administration of justice were among those reported to be at
serious risk. The Special Rapporteur noted with profound concern that the
following persons on whose behalf he had sent urgent appeals, in 1994 or
earlier, were reported to have been killed: Manuel Cepeda Vargas (Colombia);
as well as Feizollah Meikhoubad and the Reverends Mehdi Dibaj and Mikhailian
(Islamic Republic of Iran) . Moreover, patterns of intimidation and threats,
often followed by extrajudicial, summary or arbitrary executions, seem to
persist in a number of countries such as Brazil, Colombia, El Salvador,
E/cN. 4/1995/61
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Guatemala, South Africa and Turkey, despite numerous urgent appeals in which
the Special Rapporteur had called on the authorities to ensure effective
protection of the right to life.
387. 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. The
Special Rapporteur also feels that, in circumstances where political dissent,
social protest or the defence of human rights are viewed, and reacted to, as
a threat by certain State authorities or sectors of the civil society,
statements by the Governments concerned recognizing unequivocally their
legitimacy could help create a climate more favourable for their exercise and
thus reduce the risk of violations of the right to life. With a view to
effective protection in cases of death threats, the authorities might consider
establishing funds for the training and employment of security personnel
selected by the persons at risk. This might be particularly helpful where
there is fear that the threats emanate from State security forces. Steps
taken in this respect by the Government of Colombia are most welcome.
3. Deaths in custody
388. During 1994, the Special Rapporteur received numerous reports concerning
deaths in custody. Such deaths were said to be the result of torture in:
Argentina, Bolivia, Cambodia, Cameroon, China, Colombia, Egypt, Haiti, India,
Indonesia, Iran (Islamic Republic of), Israel, Italy, Mexico, Morocco,
Pakistan, Peru, Philippines, Syrian Arab Republic, Tajikistan and Turkey.
In some instances, lack of medical attention after torture was said to have
contributed to the death of the detainees. In other cases, it was reported
that the prison conditions were such as to cause the death of persons
detained or spark violence leading to the death of inmates. In Gabon, more
than 70 clandestine immigrants were said to have died as a result of serious
overcrowding. Particularly preoccupying reports of deaths in custody as a
result of violence in overcrowded prison facilities, both between inmates and
as a consequence of excessive and arbitrary use of force by security personnel
in response to riots and attempts to escape, were received concerning
Venezuela.
389. The Special Rapporteur is concerned at the persistence of allegations
of deaths in custody suggesting patterns of violence against detainees, very
often with a lethal outcome, in countries such as Cameroon, Colombia, India,
Pakistan or Venezuela, without there being any indication of systematic
investigations to determine causes and responsibilities, and to identify
possible ways of redressing the situation. It is also disturbing that not
only in countries where such patterns appear to exist, but as a general rule,
there is very little indication of effective action to bring those responsible
for extrajudicial, summary or arbitrary executions in custody to justice.
390. The Special Rapporteur appeals once again to all Governments to see to
it that conditions of detention in their countries conform to the Standard
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Minimum Rules for the Treatment of Prisoners and other pertinent international
instruments. He also urges them to adopt adequate measures to ensure full
respect for 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; to grant adequate compensation to the families of the victims;
and to prevent the recurrence of violence against detainees. Furthermore, the
Special Rapporteur appeals to all Governments to cooperate fully with the
International Committee of the Red Cross.
4. Deaths due to abuse of force by law enforcement officials
391. 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 Bangladesh,
Brazil, Burundi, Cambodia, Chad, China, Colombia, Indonesia, Iran (Islamic
Republic of) , Iraq, Israel, Mali, Mexico, Myanmar, Niger, Nigeria, Peru,
Saudi Arabia, Sri Lanka, Turkey, United Kingdom of Great Britain and
Northern Ireland, Uruguay, Uzbekistan, Venezuela and Zaire. In Costa Rica,
Djibouti, Guatemala, Indonesia, Togo and Zaire, numerous people were
reportedly killed by security forces using excessive force against
participants in demonstrations or other public manifestations of dissent.
As in the past, the Special Rapporteur received alarming reports of deliberate
use of firearms against minors: street children were reportedly killed by
Brazilian military police, security forces personnel participating in “social
cleansing” activities in Colombia and members of the Guatemalan police.
Reports brought to the attention of the Special Rapporteur concerning the
arbitrary killing of a large number of persons, including children, by members
of the Israeli Defence Forces in the occupied territories were particularly
disturbing.
392. Arbitrary and excessive force were also said to be resorted to by
members of paramilitary groups or armed individuals cooperating with security
forces or operating with their acquiescence. Sometimes, such groups were
reported to have been established by the security forces themselves; in other
cases they were said to be at the service of individuals or organizations for
the defence of particular, in most cases economic, interests. Violations of
the right to life by such paramilitary groups were reported in Brazil,
Colombia, El Salvador, Guatemala, Haiti, Peru, the Philippines and Turkey.
393. The Special Rapporteur calls on all Governments to ensure that the
security forces receive thorough training in human rights matters, 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 the
right to life must be held accountable. This obligation to investigate and
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bring to justice those responsible for violations of the right to life extends
to members of paramilitary groups. With regard to persistent acts of violence
against street children, Governments should make efforts to strengthen
assistance and education programmes.
5. Violations of the right to life during armed conflicts
394. Numerous reports suggest that deaths as a consequence of armed conflicts,
both international and internal, in various parts of the world continue to
occur on an alarming, and increasing, scale. During 1994, innumerable
violations of the right to life were said to have been committed in a variety
of countries and situations. Reports of killings of former combatants who had
been captured or after they had laid down their arms, and particularly of
civilians, were received from, for example, Afghanistan, Angola, Armenia,
Azerbaijan, Colombia, Djibouti, Guatemala, Rwanda, Somalia, Sri Lanka,
Tajikistan, Turkey, the conflict areas of the former Yugoslavia and Yemen.
Many thousands of people not participating in armed confrontations were said
to have lost their lives as direct victims of the conflict, for instance,
through indiscriminate shelling or deliberate executions, or indirectly, as a
consequence of sieges, blocking off water, food and medical supplies. As in
the past, such measures were said to have particularly affected children,
elderly and those in poor health.
395. The Special Rapporteur wishes to draw the attention of the international
community once again to violations of the right to life in the context of
communal violence. Communal violence, understood as acts of violence
committed by groups of citizens of a country against other groups, were
reported in Bangladesh, Burundi, Cameroon, Chad, Djibouti, Mali, Nigeria or
Somalia. Rather than intervening to stop violence between different groups,
government forces are often said to support one side in the conflict or even
to instigate hostilities. In 1993, the Special Rapporteur warned that such
conflicts, if allowed to continue, may degenerate into massacres or even
genocide.
396. 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 no longer taking part in the hostilities. The Special Rapporteur also
reiterates his call on all Governments of countries where acts of communal
violence occur to do their utmost to curb such conflicts at an early stage,
and to work towards reconciliation and peaceful coexistence of all parts of
the population, regardless of ethnic origin, religion, language or any other
distinction. With a view to prevention of excessive and arbitrary use of
force in the context of armed conflicts, the Special Rapporteur stresses once
again the importance of bringing to justice and punishing those responsible
for such acts. Training of security forces personnel should include thorough
instruction on human rights issues. Furthermore, provision should be made,
for example, in peace agreements between Governments and armed groups, for
reinsertion into civilian life of former combatants and effective protection
of their security. 5/ The Special Rapporteur urges Governments to refrain
from all propaganda and incitement to hatred and intolerance which might
foment acts of communal violence or condone such acts.
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6. Expulsion of persons to a country where their life is in danger
397. During the past year, the Special Rapporteur received allegations
concerning the imminent extradition of one person from Macao to China,
where it was feared that he would be sentenced to death in circumstances
where his fair trial rights might not be guaranteed. The Special Rapporteur
once again calls on all Governments to take due notice of the norms and
principles contained in international instruments that refer to the question
of extradition of persons to countries where their lives may be at risk. He
urges them to refrain from extraditing a person in circumstances where respect
for his or her right to life is not fully guaranteed.
7. Impunity
398. In his report to the Commission on Human Rights at its fiftieth session,
the Special Rapporteur made ample reference to the obligation 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 adequate compensation to the victims
or their families, and to take effective measures to avoid the recurrence of
such violations (see E/CN.4/1994/7, paras. 688-699) . The right of every
person to enjoy his or her human rights under protection, if necessary, of
appropriate judicial and administrative institutions, is firmly anchored in
such international instruments of human rights and humanitarian law as the
Universal Declaration of Human Rights (arts. 6, 7 and 8) , the International
Covenant on Civil and Political Rights (arts. 2 (3) , 9 (5) or 15 (2)) , the
Convention on the Prevention and Punishment of the Crime of Genocide
(arts. I, IV, V and VII), the four Geneva Conventions of 1949 and the two
Additional Protocols thereto of 1977, as well as a number of other
conventions, declarations and resolutions.
399. With regard to impunity in cases of violations of the right to life, the
Special Rapporteur wishes to refer, in particular, to the Principles on the
Effective Prevention and Investigation of Extra-legal, Arbitrary or Summary
Executions (Economic and Social Council resolution 1989/65 of 24 May 1989) ,
which set forth in detail the aforementioned obligations, and the Basic
Principles on the Use of Force and Firearms by Law Enforcement Officials.
The Human Rights Committee, the body established under the International
Covenant on Civil and Political Rights to monitor compliance with the
obligations contained in this treaty, has clearly stated, both in its general
comments to article 6 of the Covenant and in a number of decisions, 6/ that
States parties are required to investigate all human rights violations, in
particular those affecting the physical integrity of the victim; to purge and
try those responsible; to pay adequate compensation to the victims or their
dependants; and to prevent the future occurrence of such violations. A single
act is sufficient for a State party to be obliged to undertake these measures.
400. Impunity continues to be a central issue in the work of the
Special Rapporteur, as it is the principal cause for the perpetuation of
extrajudicial, summary or arbitrary executions. The way in which a Government
reacts to human rights violations committed by its agents, through action or
omission, clearly shows the degree of its willingness to ensure effective
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protection of human rights. Very often, statements and declarations in which
Governments proclaim their commitment to respect human rights are contradicted
by a practice of violations and impunity.
401. The mechanisms of impunity are manifold. In his report to the Commission
on Human Rights at the fiftieth session, the Special Rapporteur mentioned, and
analysed, a number of them. These included, in some countries, impunity by
law, through legislation exempting perpetrators of human rights abuses from
prosecution, or impunity in practice, despite the existence of laws providing
for the prosecution of human rights violators; threats and intimidation
directed against victims of and/or witnesses to human rights violations,
thereby jeopardizing investigations; and problems related to the functioning
of the judiciary, particularly its independence and impartiality. During
1994, these were again the subject of a large number of reports received by
the Special Rapporteur.
402. In the vast majority of alleged extrajudicial, summary or arbitrary
executions brought to the attention of the Special Rapporteur over the past
three years, sources report that either no investigation at all has been
initiated, or that investigations do not lead to the punishment of those
responsible. In many countries where perpetrators of human rights violations
are tried before military courts, security forces personnel escape punishment
due to an ill-conceived esprit de corps . In others, the civilian justice
system does not function properly, often for lack of resources. Judges
frequently lack independence and, in a number of countries, judges, lawyers,
complainants and witnesses suffer from threats and harassment or become
victims of extrajudicial, summary or arbitrary executions. National human
rights institutions mandated to monitor the conduct of State agents often have
no powers at all to implement their decisions or recommendations. The same
applies, in some instances, to special commissions established to investigate
particular cases of alleged violations of human rights. Reports resulting
from these investigations are often not made public or are not known to have
led to any follow-up action with a view to prosecuting those responsible.
This adds to concerns that such commissions are used, in reality, as tools
to evade the obligation to carry out thorough, prompt and impartial
investigations into alleged violations of the right to life. Numerous
examples to illustrate the different phenomena leading to impunity may be
found in the section of the present report on country-specific situations.
403. The reports and allegations received indicate that breaches of the
obligation to investigate alleged violations of the right to life and punish
those responsible occur in most of the countries the Special Rapporteur is
dealing with in the framework of his mandate. The Special Rapporteur
reiterates his appeal to all Governments concerned to provide for an
independent civilian justice system with an independent and competent
judiciary and full guarantees for all those involved in the proceedings.
Where national legislation provides for the competence of military tribunals
to deal with cases involving violations of the right to life by members of the
security forces, such tribunals must conform to the highest standards required
by the pertinent international instruments as concerns their independence,
impartiality and competence. The rights of defendants must be fully
guaranteed before such tribunals, and provision must be made to allow victims
or their families to participate in the proceedings.
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404. The Special Rapporteur also calls on all Governments to conduct
exhaustive and impartial investigations into all cases of alleged
extrajudicial, summary or arbitrary executions, identify those responsible and
bring them to justice, grant adequate compensation to the victims or their
families, and take the necessary steps to prevent further violations, in
conformity with their obligation under international law. The Special
Rapporteur calls particularly on the Governments of those countries where
patterns of violence seem to exist, often over years, to carry out in-depth
investigations with a view to identifying the roots of these problems as well
as ways and means of solving them. The Special Rapporteur also urges
Governments to establish independent and effective mechanisms to control the
conduct of law enforcement and other State agents.
405. Only in a small number of the cases that have come before the Special
Rapporteur do Governments appear to be in a position to comply with this
obligation through their national jurisdictions. Given the enormous
importance, with a view to prevention, of bringing human rights violators to
justice, the Special Rapporteur would like to suggest that, where national
judicial institutions do not function, international jurisdiction in cases of
violations of the right to life be considered as a means to combat impunity.
Given the gravity and irrevocability of extrajudicial, summary or arbitrary
executions, States should bring to justice those responsible in any territory
under their jurisdiction, no matter where the violations were committed. The
Special Rapporteur calls on all Governments to take an initiative towards the
recognition of international jurisdiction over violators of the right to life
and to express explicitly and unequivocally the obligation to bring them to
justice in any territory under their jurisdiction. The situation with regard
to torture and other cruel, inhuman or degrading treatment or punishment,
where such international jurisdiction has been established under the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, may serve as an example in this regard.
406. In this context, the Special Rapporteur also wishes to refer to the
international criminal tribunals established under Security Council
resolutions 808 (1993) and 955 (1994) for a number of serious crimes,
including violations of the right to life, committed in the former Yugoslavia
and in Rwanda. The Special Rapporteur welcomes these initiatives. He appeals
to all Governments to cooperate fully with these tribunals, in the interest of
holding the authors of such crimes committed in the former Yugoslavia and
Rwanda responsible as well as of the possible deterrent effect this may have
in other, potentially similar situations. Concerns have been raised as to the
apparent selectivity with regard to the countries for which international
tribunals have been established. In fact, the former Yugoslavia and Rwanda
are not the only conflict areas where massive violations of human rights and
humanitarian law justify such an institution. Others, such as Angola or
Cambodia, come readily to mind. The Special Rapporteur feels that
international conventions providing for a combination of international
jurisdiction over violators of the right to life and an international criminal
court may help to overcome this perception of selectivity and contribute to a
more impartial, more comprehensive approach to the problems of impunity. Such
an international criminal court would have to be endowed with an adequate
mandate and sufficient means so as to be in a position to conduct proper
investigations and ensure the implementation of its decisions.
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407. As regards the obligation of States to provide compensation to the
victims of violations of the right to life or their families, the
Special Rapporteur notes with concern the numerous reports received which
indicate that no such compensation is received. In most cases, this appears
to be a corollary of impunity. In others, the Special Rapporteur is informed
that judgements handed down by courts provide for indemnification to be paid,
but in practice no such payments are made. The Special Rapporteur calls on
all Governments to grant adequate compensation to the victims of human rights
violations and their families, in compliance with the pertinent international
instruments.
408. In this context, the Special Rapporteur also notes that neither of
the two Security Council resolutions establishing international criminal
jurisdictions for the former Yugoslavia and Rwanda contains provisions
concerning indemnification for the victims. The Special Rapporteur feels that
the establishment of an international fund for reparation payments should be
considered. This might permit at least some compensation to be paid to the
victims or their families which would undoubtedly enhance their faith in the
work of these tribunals and their willingness to cooperate with them.
409. As stated in his report to the Commission on Human Rights at its
fiftieth session (E/CN.4/1994/7, para. 708), the Special Rapporteur wishes to
point out that the obligation to investigate human rights violations also
extends to the United Nations itself and the actions undertaken by personnel
of its peace-keeping and observer missions. Reference is made, in this
context, to the section in the present report on Somalia.
410. The Special Rapporteur has learnt recently that efforts are under way to
amend the Manual on the Effective Prevention and Investigation of Extra-legal,
Arbitrary and Summary Executions (ST/CSDHA/12) produced by the Crime
Prevention and Criminal Justice Branch of the United Nations Secretariat in
May 1991. The Special Rapporteur will once again try to establish contacts
with the Branch, with a view to coordinating efforts in a field of common
concern and providing whatever assistance may be useful in the further
development of the mandate.
C. Issues of special concern to the Special Rapporteur
411. The following sections contain conclusions and recommendations, as
appropriate, in response to requests for special attention to violations of
the right to life directed against certain groups of victims, or in determined
situations, as well as on a number of issues which the Special Rapporteur
feels are of particular importance.
1. Violations of the right to life of minors, particularly street children
412. The Special Rapporteur transmitted more than 152 cases of alleged
violations of the right to life where the victims were said to be under
18 years of age, the youngest only S months old. In nine other cases, the
children concerned were said to have been under 10. As in the case of women,
these are the cases where it was specifically reported that the victims were
minors, or where the age of the children was communicated to the Special
Rapporteur. Allegations concerning minors were sent to the following
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16 Governments: Brazil (3 cases), Cambodia (2), Chad (2), Colombia (12),
Djibouti (2), Guatemala (17), Haiti (1 identified 17-year-old as well as the
children living in the “Lafanmi Selavi” orphanage) , Indonesia (2) , Iran
(Islamic Republic of) (1), Israel (18), Mexico (1), Peru (3), Togo (1),
Turkey (6), United Kingdom of Great Britain and Northern Ireland (1) ,
United States of America (1) . Ten of the victims were said to have been
living as street children in Brazil, Colombia and Guatemala.
413. The Special Rapporteur is deeply concerned at reports and allegations
concerning violations of the right to life of minors. As in former years,
children were said to have been among the victims of all different categories
of violations of the right to life brought to his attention. In addition,
persons and institutions striving to provide assistance and education to
children and adolescents without homes continued to be targets of attacks and
threats in Brazil, Colombia and Guatemala. The Special Rapporteur was
particularly shocked at the numerous reports received of arbitrary and
excessive use of lethal force against children and youths by Israeli Defence
Forces in the occupied territories. The Special Rapporteur calls once again
on all Governments to ensure full respect for the right to life of children
and to effectively protect them from all forms of violence.
2. Violations of the right to life of women
414. During 1994, the Special Rapporteur acted upon alleged violations of
the right to life of 118 women. As stated earlier, these are the cases
where it was specifically indicated that the victim was female, or where
this was clear from the name of the person concerned. Violations of the right
to life of women were said to have occurred in the following 29 countries:
Argentina (2 women), Bangladesh (1) , Brazil (1) , Cambodia (1), Chad (1 said to
be pregnant), China (1), Colombia (35), Djibouti (2), El Salvador (2),
Ethiopia (2), Guatemala (15), Haiti (1), Honduras (2), India (3),
Indonesia (2), Iran (Islamic Republic of) (1), Iraq (1), Israel (2),
Mexico (3), Myanmar (1), Pakistan (1), Peru (7), Philippines (2),
South Africa (2), Sri Lanka (2), Togo (7), Turkey (2), Venezuela (1),
Zaire (5) .
415. As in 1993, the proportion of women among the victims of alleged
extrajudicial, summary or arbitrary executions appears to be very small and
again suggests that women are not particularly targeted because of their sex.
The Special Rapporteur's analysis as presented to the Commission on Human
Rights at its fiftieth session is still pertinent (E/CN.4/1994/7, para. 716) :
the underrepresentation of women in positions of influence means that they are
less exposed to acts of violence, as they are not regarded as so much of a
threat; this translates into a much smaller number of attacks. On the other
hand, women who are actively participating in public life seem to be in a
position similar to their male counterparts. Thus, during 1994, the
Special Rapporteur acted on behalf of the following cases: human rights
activists Hebe de Bonafini (Argentina) and Nineth de Montenegro (Guatemala) ;
indigenous leader Te6fila Roa (Colombia); political activists Aida Abella
(Colombia), Nidia Diaz and Marta Alicia Mejia Herrera (El Salvador); trade
unionist Sonia Victoria Wilson (Guatemala) ; community activist Clare Stewart
(South Africa) ; writer Taslima Nasreen (Bangladesh) , as well as lawyers
Elena Mendoza (Argentina) and Dr. Emma Vigueras Minaya (Peru) . Moreover, in a
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number of cases, women were said to be targeted for being related to men who
were persecuted, for one reason or another, by security forces or groups
cooperating with them.
3. Violations of the right to life of persons belonging to national or
ethnic, religious and linguistic minorities
416. In a number of cases that have come before the Special Rapporteur in 1994
it was alleged that the victims subjected to death threats or extrajudicial,
summary or arbitrary executions belonged to national, ethnic, religious or
linguistic minorities. Such cases were said to have occurred in the
19 countries as listed below. The national, ethnic, religious or linguistic
groups to which the victims were said to belong is noted in parenthesis:
Bangladesh (Jumma people), Brazil (a member of the Maxcui indigenous
community) , Cambodia (ethnic Vietnamese) , Cameroon (Shua Arabs) , Colombia
(members of various indigenous organizations) , Djibouti (members of the Afar
ethnic group), Guatemala (a member of the Cakchikel indigenous group),
Honduras (a member of the Xicaque indigenous group) , Iran (Islamic Republic
of) (leaders of Christian churches) , Iraq (Marsh Arabs), Israel
(Palestinians) , Mali (members of the Tuareg ethnic group) , Mexico (members of
various indigenous organizations) , Nigeria (members of the Ogoni ethnic
group) , Pakistan (persons belonging to the Christian faith, members of the
JIImadiyya community) , Turkey (Kurds) , United States of America (black
Americans) , Venezuela (members of the Yucpa indigenous community) , Zaire
(persons originating from Kasai) . Reference is made to the sections of the
present report concerning these countries. The Special Rapporteur calls on
all Governments to ensure full respect for the rights and guarantees of
national or ethnic, religious and linguistic minorities.
4. Violations of the right to life of staff members of the United Nations
and of the specialized agencies
417. In 1994, the Special Rapporteur was informed of an amnesty granted to
several military officers involved in the assassination of a staff member of
the Centro de Estudio de Demografia para Am&ica Latina (CELADE), an organ
pertaining to the United Nations, in Chile (see above para. 91) .
5. Violations of the right to life against persons exercising their
right to freedom of opinion and expression
418. As in the past, the Special Rapporteur received a preoccupying number
of reports and allegations concerning violations of the right to life
involving a breach of the right to freedom of opinion and expression, peaceful
assembly and association. More than 520 persons were said to have been
victims of extrajudicial, summary or arbitrary executions or death threats,
including members of political parties and movements, trade unionists, human
rights activists, members of professional associations, particularly lawyers,
participants in demonstrations, writers, poets and journalists in the
following 37 countries: Afghanistan, Angola, Argentina, Bangladesh, Brazil,
Cambodia, China, Colombia, Costa Rica, Cuba, Djibouti, Egypt, El Salvador,
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Ethiopia, Guatemala, Haiti, Honduras, India, Indonesia, Iran (Islamic Republic
of) , Iraq, Israel, Mexico, Nepal, Nigeria, Pakistan, Peru, Philippines,
Rwanda, South Africa, Sri Lanka, Togo, Turkey, Uruguay, Uzbekistan, Venezuela,
Zaire.
419. The Special Rapporteur urges all Governments to respect fully the right
of all persons to freedom of opinion and expression, peaceful assembly and
association, as guaranteed in the pertinent international instruments. Where
the peaceful exercise of this right in the context of political opposition
parties or movements, trade unions, or human rights and other civic or
professional associations is perceived as a threat by security forces, armed
groups cooperating with them or certain sectors of the civilian society,
Governments should make clear and public statements recognizing the legitimacy
of such activities and calling for respect and tolerance. The Special
Rapporteur also urges Governments to take decisive action against all those
responsible for violations of the right to life.
6. The right to life and the administration of justice
420. As in the past, the Special Rapporteur has paid particular attention to
the protection of human rights in the administration of justice. Fair trial
issues are of relevance to his mandate in connection with judicial proceedings
that may lead to the imposition of the death penalty (see above paras. 373
to 385) . Rights and guarantees of due process of law must also be respected
in proceedings against those responsible for violations of the right to life.
The Special Rapporteur calls on all Governments to provide for legislation
governing trial procedures in full conformity with the safeguards and
guarantees contained in the pertinent international instruments, and to ensure
that these standards are applied in practice.
421. During the past year, the Special Rapporteur was concerned at reports
and allegations of death threats and extrajudicial, summary or arbitrary
executions against judges, prosecutors, lawyers, complainants and witnesses
in judicial proceedings involving agents of the State before national
jurisdictions in Argentina, Brazil, Colombia, Mexico, Peru, the Philippines
and Turkey. In the case of Turkey, allegations were received of violations of
the right to life against persons who had filed complaints of human rights
violations with the European Commission on Human Rights. The Special
Rapporteur launches an urgent appeal to all Governments concerned to ensure
that those involved in the administration of justice, in whatever capacity,
may exercise their functions freely, without being subjected to harassment,
threats or, in the extreme case, extrajudicial, summary or arbitrary
executions. The Special Rapporteur calls on Governments to provide for
adequate protection including funds for the employment of bodyguards trusted
by those under threat or measures to ensure the safety of witnesses.
7. The right to life and terrorism
422. A number of countries encounter the problem of violence caused by
armed opposition groups resorting to terrorism as a means and tactic of armed
struggle against the Government. The Special Rapporteur received many reports
of killings by terrorist groups directed against members of the security
forces, but also indiscriminately against civilians, with the aim of spreading
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terror and insecurity among the population, for example in Algeria, Colombia,
Egypt, India, Israel, Peru, the Philippines and Turkey. The Special
Rapporteur notes with concern the similarity of the reaction of Governments in
countries such as Colombia, Guatemala, Peru, the Philippines and Turkey, where
such armed insurgent groups operate in rural areas: a counter-insurgency
strategy aimed at isolating the armed insurgents by eliminating all those
known or suspected to be members or supporters of these groups. 7/
423. While the Special Rapporteur acknowledges the seriousness of the problem
and fully understands the difficulties faced by the security forces in trying
to bring the situation under control, he emphasizes that the right to life is
absolute and must not be derogated from, even under the most difficult
circumstances. The Special Rapporteur urges all Governments facing the
problem of armed opposition resorting to terrorism to ensure that security
forces personnel carry out their operations with full respect for the right to
life and within the restrictions on the use of force and firearms set forth by
the pertinent international instruments.
8. The right to life and civil defence forces
424. Self-defence groups formed by civilians, particularly in rural, often
remote areas continue to be used as a form of protection against threats to
lives and property in a number of countries. As in the past, they were said
to be used as auxiliaries of the security forces in their struggle against
armed insurgents. Most of these groups have been referred to repeatedly in
the Special Rapporteur's reports of the last years: the civil defence
patrols (PAC) in Guatemala, the rondas campesinas and comit s de defensa civil
in Peru, the Citizens' Armed Forces Geographical Units (CAFGU5) in the
Philippines, Home Guards in Sri Lanka, and the Kontrgerilla and Village Guards
in Turkey. The Special Rapporteur continues to receive allegations of the
same nature as in former years: extrajudicial, summary or arbitrary
executions committed by members of such groups, either in cooperation with
security forces or with their acquiescence, and with virtually total impunity.
Those suffering from abuses by civil defence groups are in most cases
peasants, either because they are suspected of being members or supporters
of the armed insurgents, or because they refuse to participate in the
self-defence groups. Thus, experience has led to the almost paradoxical
conclusion that civil self-defence groups, rather than improving security in
the area they are operating in, appear to contribute very often to an increase
in the level of insecurity.
425. Thus, the Special Rapporteur notes with concern that his recommendation,
expressed on repeated occasions, that these groups be subjected to strict
control appears not to have been implemented. He has not received any
indication that the arms distributed to such groups have been registered.
Similarly, the reports and allegations of abuses imputed to members of these
groups suggest that either no efforts have been made to train them to act in
conformity with the restrictions and limitations on the use of force and
firearms contained in the pertinent international instruments, or that such
efforts have not been successful. The Special Rapporteur therefore feels
compelled to urge the Governments concerned to dismantle such groups and
ensure that arms distributed to them are returned to the security forces.
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9. The right to life and mass exoduses
426. In the framework of the mandate of the Special Rapporteur, information on
massive displacements of populations is received mainly in the context of
communal violence and indiscriminate military attacks against areas inhabited
by civilians during counter-insurgency operations. As stated earlier,
government forces often do not intervene to halt violence between different
groups of the population. In many instances, the Government forces are even
said to foment such confrontations and support one side. Often, those
belonging to the less favoured group flee their areas of residence. This was
reported, for example, in the case of the Jumma people of the Chittagong Hill
Tracts in Bangladesh, many of whom have sought refuge in Tripura, India.
Massive internal displacement and refugee flows followed the mass killings of
October and November 1993 in Burundi. Similarly, members of the Afar ethnic
group in Djibouti moved to the capital to escape violence in the north of the
country. Indiscriminate bombing of civilian settlements as part of government
counter-insurgency tactics have been reported over the years in Colombia,
Guatemala or south-eastern Turkey. There, too, massive displacement of
populations was said to be the result. Armed conflicts such as those in the
territory of the former Yugoslavia, Nagorno-Karabakh, JIIkhazia or Rwanda,
which cause the deaths not only of combatants but also numerous civilians,
including children, women and elderly persons, also generate the exodus of
large numbers of people. From the reports and allegations brought to the
attention of the Special Rapporteur, it becomes clear that, as long as
communal violence or armed conflicts continue, internally displaced and
refugees do not dare to return to their home areas. Often, this situation
persists after the cessation of armed confrontations, as the climate remains
insecure and returnees are subjected to threats and harassment or are even
killed.
427. The Special Rapporteur is concerned at reports of violations of the right
to life not only in the context of the hostilities creating the exodus of
populations but also as a result of violence directed against displaced
persons and refugees. Reports of extrajudicial, summary or arbitrary
executions and threats, allegedly by security forces, against displaced
persons, for example in urban areas in Colombia or Peru, where the displaced
live in conditions of poverty and misery, or in Djibouti, are most disturbing.
The Special Rapporteur has also learnt with deep concern of violence by
Zairean security forces against refugees in camps along the border with
Rwanda, and of killings within the camp housing several hundred thousand
Rwandan refugees in Benaco, United Republic of Tanzania. There, refugees have
been abused as human shields behind which those allegedly responsible for mass
killings and other war crimes have been hiding. In addition, as they receive
donations of food, clothes, etc. from the international community and thus
constitute a source of revenue, refugees are prevented by the latter from
leaving the camps and returning to Rwanda. In the camps in northern Burundi,
along the border with Rwanda, refugees are exposed to reprisal attacks each
time violence flares up between the ethnic groups in Burundi. In addition,
the Special Rapporteur repeatedly received reports of death threats and
extrajudicial killings, allegedly with the involvement of the security forces,
of Guatemalans who had returned to their country after being refugees in
Mexico, and of members of organizations providing them with assistance.
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428. There is general awareness of the threat this situation poses to the
right to life and security of those seeking refuge from violence in their
countries or areas of origin. Once a person is accepted into the territory of
a State, for example, as a refugee or asylum seeker, it is the obligation of
this State to protect him or her from violations of the right to life.
Indeed, the very purpose of the right to asylum is to protect lives. Those
responsible for violations of the right to life should be brought to justice
before the national courts of the host countries. Where the receiving
countries are unable to cope with the refugee flow, the international
community should provide them with assistance to guarantee security within the
camps and to strengthen their own criminal justice systems, as appropriate.
A common effort should be made to avoid refugee camps becoming rife with
practices violating the right to life and the status of refugees.
429. The Special Rapporteur calls on all Governments to do their utmost to
avoid massive exoduses of populations. Reference is made to the sections
above containing recommendations aimed at preventing the outbreak of communal
violence and abuses against the civilian population in counter-insurgency
operations or during armed conflicts. The recent past has shown very clearly
that the cost of prevention is relatively small when compared with the
enormous amount of resources that have to be put into place to try to limit
abuses and violations, including violations of the right to life, that
accompany and follow mass exoduses. For a broader overview of the phenomenon
and its repercussions on different aspects of human rights, reference is made
to the report on human rights and mass exoduses presented to the Commission on
Human Rights by the Secretary-General (E/CN.4/1995/49) .
10. Forensic experts
430. The Special Rapporteur has repeatedly referred to the need for
the assistance of specialists in various forensic disciplines during
investigations into extrajudicial, summary or arbitrary executions and the
importance of support for efforts to establish a standing team of independent
experts that could participate in such examinations to ensure that they are
carried out according to the highest professional standards. During 1994, the
Special Rapporteur has reiterated the need for forensic experts, indispensable
for thorough investigations of human remains, in communications to the
Governments of Gabon, Guatemala, Mexico, Peru, Sri Lanka and Venezuela. The
Special Rapporteur could also envisage availing himself of the assistance of a
forensic expert during on-site visits where preliminary investigations might
be required.
11. World Conference on Human Rights
431. As pointed out in his report to the Commission on Human Rights at its
fiftieth session, the Special Rapporteur regrets that the Vienna Declaration
and Programme of Action, adopted at the World Conference on Human Rights
in 1993, does not include a programme to eliminate extrajudicial, summary or
arbitrary executions. He also notes that, contrary to the announcements made
at the World Conference, the resources of the Secretariat have not been
strengthened in a way that could be felt in work of the past year.
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12. Prevention
432. By way of conclusion, after three years of activities, the Special
Rapporteur cannot but repeat that extrajudicial, summary or arbitrary
executions can be fought effectively only if there is a genuine will to
recognize and enact the safeguards and guarantees for the protection of the
right to life of every person. Declarations of commitment to the protection
of the right to life by Governments, either unilaterally or together with
others, for example through numerous resolutions adopted in different forums,
have not been lacking. These declarations, however, are only effective to the
extent to which they are translated into practice. If the aim is protection
of the right to life, the emphasis must be on prevention of violations of this
fundamental right and their consequences, which are very often irreparable.
Again, the importance of fighting impunity cannot be overemphasized.
433. The Special Rapporteur calls upon each Government to respect and protect
the right to life by bringing to justice and punishing all those responsible
for violating it. The Special Rapporteur also appeals to all Governments to
seek peaceful solutions, at the earliest possible stage, to potential conflict
situations and to refrain from fomenting differences and promoting violence
between different groups of citizens, both in their own and in other
countries.
434. The Special Rapporteur calls on the international community to
concentrate its efforts on the effective prevention of further human rights
crises, and on the implementation of the standards already existing for the
protection of the right to life. The Special Rapporteur feels that one of the
ways to do so would be to take decisive action in cases where Governments are
clearly not complying with their obligations under international law to
protect the right to life of every person. In his first report to the
Commission on Human Rights at its forty-ninth session, the Special Rapporteur
had pointed out the problem of Governments that consistently refused to
cooperate and sought guidance from the Commission as to which strategy to
pursue in such cases (see E/CN.4/1993/46, para. 692) . He wishes to call once
again on the member States of the Commission to give thought to this problem
and consider appropriate measures in cases where Governments clearly do not
cooperate with the special rapporteurs. The appointment of country-specific
special rapporteurs as a way to ensure permanent monitoring of the situation
should be envisaged.
435. Decisive action by the Commission on Human Rights in the case of Rwanda
would not necessarily have averted the human rights catastrophe in that
country. The Commission's lack of interest, however, has certainly not helped
to prevent the death and suffering of many thousands.
436. In this context, the Special Rapporteur calls on the Commission on Human
Rights to intensify its efforts to establish an early-warning mechanism that
could be activated when the signs of an imminent crisis become apparent, as
was the case in Rwanda. In the present situation, the Special Rapporteur
fears that with the Commission showing little or no interest in the reports of
its special rapporteurs, representatives, independent experts or working
E/cN. 4/1995/61
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groups, whatever impact these procedures may have with regard to early warning
and prevention of incumbent human rights and humanitarian crises is simply
lost.
437. The Special Rapporteur also wishes to encourage the non-governmental
organizations and individuals who have provided him with information on
alleged violations of the right to life, and whose role in alerting the
international community is particularly important, to continue their efforts
and pay particular attention to signs of incipient conflict situations.
438. As in the past, the Special Rapporteur is ready to offer his full
collaboration and assistance to all who wish to engage in the common endeavour
to promote respect for and enjoyment of the right to life.
Notes
1/ As in the past, it should be noted that these figures do not
necessarily reflect the actual proportion of minors and women among the
victims of alleged violations of the right to life. They constitute cases in
which the age or sex of persons identified by their names has been
specifically indicated by the Special Rapporteur.
2/ Brazil, urgent appeal of 2 June 1994 (500 unidentified persons) ;
Burundi, 10 and 25 March 1994 (300) ; Colombia, 18 August 1994 (100) ; Mexico,
17 January 1994 (100); Rwanda, 17 January 1994 (300); Venezuela,
17 January 1994 (150) .
3/ The Governments of the countries marked with an asterisk have
transmitted replies to allegations transmitted to them during previous or
subsequent years.
4/ Fifth Survey on Capital Punishment and on the Implementation of
Safeguards Guaranteeing the Protection of the Rights of Those Facing the Death
Penalty (1995) .
5/ In this context, the Special Rapporteur refers to the situation in
Colombia. More than 2,000 members of the political party Uni6n Patri6tica
(UP) , founded after a bilateral peace agreement between the Government and
guerrilla groups, have been killed after they had laid down their arms and
started to participate in the electoral process in 1986. Responsibility
for these killings has been imputed to members of the security forces,
paramilitary groups allegedly cooperating with them as well as guerrillas.
Similarly, members of the political movement Esperanza, Paz y Libertad (ELP)
have become targets of violence, in many cases at the hands of their former
comrades in arms of the guerrilla group EUrcito Popular de Liberaci6n (EPL) .
Reference is made to the pertinent sections of the Special Rapporteur's report
on his visit to Colombia in October 1994 (E/CN.4/1995/111).
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6/ See, for example, Bleier v. Uruguay , communication No. 30/1978;
Guerrero v. Colombia , communication No. 45/1979; Barbato v. Uruguay ,
communication No. 84/1981; Baboeram et al v. Surinam , communication
Nos. 146/1983 and 184-154/1983; Herrera Rubio v. Colombia , communication
No. 161/1983; Miango V. Zaire , communication No. 194/1985.
7/ For a more detailed analysis, the Special Rapporteur wishes to refer
to the pertinent sections of the reports on his visits to Peru
(E/cN.4/1994/7/Add.2) and Colombia (E/CN.4/1995/111).
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Annex
INTRODUCTORY STATEMENT OF THE SPECIAL RAPPORTEUR TO THE
COMMISSION ON HUMAN RIGHTS AT ITS FIFTIETH SESSION
2 MARCH 1994
Mr. Chairman,
The report I have the honour to introduce today before the Commission on
Human Rights is the second I have submitted to you and the twelfth since the
establishment of the mandate currently entrusted to me. It is an incomplete
panorama, at times even a summary overview, enriched by some observations, of
allegations of violations of the right to life brought to my attention in 73
countries during 1993.
No continent, no political or economic system has been spared summary
executions. Women, children, the elderly, the mentally ill - none have
escaped. Those fighting against racial, ethnic or religious discrimination or
who are active in the defence of economic, social, cultural, civil and
political rights, those who claim their right to live on the land of their
ancestors, those exposed to the jungle of the cities, those who have lost
their freedom, those who have been forced into exile, and those who have been
caught up by conflict, insurrection and war, have been particularly affected.
During 1993, 217 urgent appeals concerning over 1,300 persons have
been transmitted to 52 Governments in response to allegations of imminent or
threatened extrajudicial, summary or arbitrary executions. Since my previous
report was finalized in November, I have already transmitted an additional 40
urgent appeals. Furthermore, over 2,300 cases of alleged executions have been
sent to 51 Governments by letter. I have also followed up with Governments
and the sources those allegations transmitted in 1992 and 1993.
This considerable amount of work could only be accomplished thanks to
the highly skilled and generous assistance of two experts of the Centre for
Human Rights, only one of whom worked on the mandate on a full-time basis.
I would like to take this opportunity to publicly express my appreciation to
them.
In 1993, as in the past, nothing could have been achieved without the
support, essential to my work, of non-governmental organizations. The
information and suggestions received from them were invaluable to me in the
discharge of my mandate. Without them, the scarcity of resources at my
disposal would have been even more serious. I cannot thank them enough.
In 1993, too, the dialogue initiated with Governments continued and
even intensified, in the context both of regional groups and of bilateral
correspondence and meetings.
On the understanding that the fate of their fellow citizens was, in fact,
of concern to everyone, and that the difficulties encountered in the
protection of their fundamental right to life could be overcome through a
joint effort, many Governments have cooperated sincerely and attentively.
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Many have expressed their appreciation at the questionnaire which I prepared
to facilitate substantiated replies to the allegations and requests for
information transmitted.
I would like to take this opportunity to thank those Governments that
have provided me with replies after the finalization of my report, namely:
Algeria, Argentina, Brazil, Burundi, Chile, China, Colombia, Cuba, Ecuador,
El Salvador, Gabon, India, Indonesia, Iraq, Kuwait, Malaysia, Mexico, Myanmar,
Nepal, Pakistan, Peru, the Philippines, Republic of Moldova, Sri Lanka, Sudan,
Togo, Turkey, United Kingdom of Great Britain and Northern Ireland and Zaire.
JII analysis of their replies will be contained in my next report.
Unfortunately, other Governments have chosen to remain silent. And even
though, finally, I have received communications from all countries included in
the list of States that had never replied since the establishment of the
mandate in 1982, I must say that the quality of the replies received varies
greatly.
I would like to express particular thanks to those Governments that have
invited me to visit their countries to examine in situ , with the indispensable
support of non-governmental organizations and individual citizens as well as
families of victims, ways and means to improve protection for the right to
life. I am referring to the Governments of Rwanda and Peru, which I visited
in 1993, as well as Algeria, Argentina, Burundi, Colombia, Indonesia and
Sri Lanka, which have invited me to carry out visits there. Consultations
have been initiated with regard to possible visits to Azerbaijan and India.
I hope that these countries will provide an example to the Governments of
Bangladesh, China, Tajikistan and Turkey, to which I have expressed my desire
to be invited.
Since the presentation of my report to the Commission on Human Rights
at its forty-ninth session, I visited Croatia at the request of the Special
Rapporteur on the situation of human rights in the territory of the former
Yugoslavia, Mr. Tadeusz Mazowiecki. I also visited Rwanda, in April 1993, and
Peru, in May-June 1993.
In Rwanda and Peru, I received the full cooperation both of Governments
and of non-governmental organizations, as well as essential logistical support
from UNDP.
But since I submitted my reports on these visits to the Rwandese
authorities, not only have I not received any comment on the recommendations
and conclusions it contains, but the situation in the country has
deteriorated. The Arusha peace accords were not been fully respected within
the deadline set for their implementation. The violent events of the last
days are said to have caused some 100 deaths, increasing the number of victims
of political violence since the beginning of 1994 to approximately 400,
despite the presence of a United Nations mission in the country. This is an
appropriate moment to insist on the need for a human rights component in
United Nations peace-keeping or observer missions. This conditio sine qua non
for their success is mentioned in my report.
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It is also certain that the problem of Rwanda cannot be seen removed from
its regional context nor its links with and repercussions on the crises in
Burundi and eastern Zaire ignored. It is vital that any suggestion for a
solution to the problem take into consideration events and developments in
each of these countries. In this context, I regret that the proposed
bi-thematic regional visit by myself and Mr. Francis Deng, Representative of
the Secretary-General on internally displaced persons, had to be postponed.
As concerns Peru, I have noted with satisfaction certain reforms that
have been carried out after my visit, particularly with regard to legislation
governing proceedings against those accused of terrorism. However, it remains
preoccupying that certain of the shortcomings identified have not only not
been corrected but, on the contrary, have been institutionalized. I am
referring to the case of the killing of a professor and nine students
kidnapped from the University known as “La Cantuta” in Lima, a detailed
description of which is contained in my mission report. In this context,
I wish to emphasize once again the importance of the assistance of specialists
in forensic medicine in investigations into extrajudicial, summary or
arbitrary executions. I appeal to the international community to continue its
efforts to establish a standing team of forensic experts who could assist
Governments in complying with their obligation to conduct investigations into
each case. I also call on Governments to draw on the expertise gained by
these specialists.
This is also the moment to express the wish that a visit be seen as the
beginning of a more profound dialogue, enriched by the impressions gathered
during the mission, rather than the end, literally and figuratively, of
cooperation with the country visited. It would be a pity if an invitation was
seen as a purely formal concession, which would dispense the Government from
initiating or pursuing vital reforms.
I would now like to draw your attention to two phenomena, notable both
for the frequency of their occurrence and for the gravity of their impact on
the enjoyment of the right to life within the framework of the norms and
instruments which the United Nations has continued to refine: the death
penalty and impunity.
In fact, at a time when a small African country, the Gambia, took
advantage of the opportunity offered by the World Conference on Human Rights
to announce the abolition of the death penalty, other places around the world
have shown a tendency to expand the scope of the death penalty and to reduce
the guarantees for a fair trial and the effectiveness of appeal procedures.
Thus, in China, Pakistan and the United States of America, persons under
18 years of age have been sentenced to death and even executed. Furthermore,
some countries have adopted legislation restricting guarantees of impartiality
and the right to defence, sometimes by resorting to military jurisdictions.
Often, in proceedings resulting in death sentences the remedies are limited or
non-existent. Those countries are: 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. Finally,
the scope of the application of capital punishment has been expanded recently
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through new laws in the following countries: Bangladesh, China, Egypt,
Pakistan and Saudi Arabia. The United States of America is said to intend to
follow their path.
The death penalty is in itself a negation of the right to life. When
applied in such circumstances, it is equal to a summary or arbitrary execution
which, in any case, contradicts the clearly expressed wish of the
international community to make its application an exceptional event, and to
arrive, one day, at a universal consensus on its abolition. I appeal to your
Commission to ensure that the tendency I have mentioned is fought against and
inversed, and that the study of this grave problem is given priority.
The second vital preoccupation over the past year is the perpetuation and
expectation of impunity by perpetrators of extrajudicial, summary or arbitrary
executions, even when the facts and their authors are known to everyone.
Sometimes, Governments simply refuse to investigate crimes. On other
occasions, a few scapegoats receive light sentences, while those really
responsible are not bothered, or the judicial system is allowed to remain in a
state of paralysis.
Sometimes, impunity is even guaranteed by law. Often, an amnesty law,
passed under the pretext of national reconciliation, covers with a veil of
shameless silence the atrocities committed. These facts are all the more
preoccupying as the victims are not taken into consideration by the law makers
and are not even given compensation.
Impunity is the negation of justice, which is the foundation of any
democratic society. Impunity is the bankruptcy of the state of law. It opens
the door to violence. It prevents the truth from prevailing, passions from
calming and evil from being eradicated. This is why it is crucial that your
Commission appeal to all States to respect the obligation to investigate all
alleged violations of the right to life, attribute responsibilities, bring
their authors to justice, compensate those entitled to it and take the
necessary steps to prevent the recurrence of extrajudicial, summary or
arbitrary executions.
This is how the Commission on Human Rights must respond to one of the
most profound desires expressed to it at its fiftieth session.
Finally, I should like to draw your attention to the dramatic lack of
resources affecting us: it is no longer possible to continue the efforts
which you recommended us to undertake with the scarce material and technical
means and the penury of human resources at our disposal. Human rights must
not only be a subject for speeches or an alibi. The only way of testing the
willingness of the international community to make their universal respect the
common patrimony of humanity of the men and women of the twenty-first century
is to devote to this at least a tenth of what it spends to arm itself and
kill. As for me, I only ask for three assistants and one secretary at the
Centre for Human Rights to be able to serve you better in 1994.
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I would also like to take this opportunity to welcome, as a concrete
result of the preparation process for the World Conference on Human Rights in
Vienna, and of the Conference itself, the dialogue and joint projects with the
other rapporteurs, representatives and chairmen of working groups of the
Commission on Human Rights, to whom I am linked in a solidarity of the poor
relatives of the United Nations system. Once again, I appeal to the
international community to support what it says it most cares about: respect
for human rights.
Mr. Chairman, thank you for your attention.
